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Item O05 0.5 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting July 17, 2019 Agenda Item Number: 0.5 Agenda Item Summary #5619 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Chris Ambrosio (305) 292-3470 None AGENDA ITEM WORDING: Approval of settlement agreement between Monroe County and the Sugarloaf Key Volunteer Fire Department, Inc. (SVFD) in case number CA-K-17-631 and authorization for the County Attorney or his designee to execute all documents necessary to effectuate the settlement agreement, including closing documents for conveyance of the SVFD property to the County. ITEM BACKGROUND: The County prevailed in its suit against the Sugarloaf Volunteer Fire Department, Inc. (SVFD) and Sugarloaf Wi-Fi Inc. ("Wi-Fi"), in case number CA-K-17-631. The suit sought a declaratory judgment that SVFD was subject to and violated Florida's Government in the Sunshine Law by entering into a Ground Option and Lease Agreement with Wi-Fi in a meeting that did not comply with the Sunshine Law. That lease would have permitted Wi-Fi to use a portion of SVFD's fire house property for a tower. The Court's ruling in favor of the County nullified the lease between SVFD and Wi-Fi. Wi-Fi appealed the Court's ruling but SFVD did not. As the prevailing party against SVFD, the County is entitled to an award of its attorneys' fees and costs against SVFD. SVFD, through counsel, and the County Attorney's Office negotiated a potential Settlement Agreement that would resolve the County's fees and costs claim against SVFD in exchange and as consideration for conveyance of ownership and title to the Property to the County. The SVFD Board of Directors held a public meeting on June 12, 2019, and unanimously approved Resolutions authorizing the transfer of ownership and title to the Property to the County, and the Settlement Agreement. Both Resolutions and Settlement Agreement are attached. PREVIOUS RELEVANT BOCC ACTION: n/a CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Packet Pg. 2809 0.5 SVFD Resolution 2019-01 signed stamped STAMPED Settlement Agreement signed by SVFD Resolution 2019-02 Sugarloaf Key Volunteer Fire Department FINANCIAL IMPACT: Effective Date: N/A Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Yes. Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Chris Ambrosio Completed 06/04/2019 11:49 AM Bob Shillinger Completed 06/26/2019 2:42 PM Budget and Finance Completed 06/27/2019 10:51 AM Maria Slavik Completed 06/28/2019 9:54 AM Kathy Peters Completed 06/28/2019 11:03 AM Board of County Commissioners Pending 07/17/2019 9:00 AM Packet Pg. 2810 0.5.a RESOLUTION 2019-01 RE: DECLARATION OF INTENT OF SUGARLOAF KEY VOLUNTEER 0 FIRE DEPARTMENT REGARDING TRANSFER OF FIRE STATION NO. 10. 4i WHEREAS, the SUGARLOAF KEY VOLUNTEER FIRE DEPARTMENT (SVFD)was incorporated on July 11, 1966 for the purpose of firefighting, fire prevention, medical calls and co rescue service; t� t� WHEREAS, Fire Station No. 10 located at 17175 Overseas Highway, Sugarloaf Key, Florida 33042 was constructed by volunteers in 1966; WHEREAS, from 1966 until 2013, Sugarloaf Key Volunteer Fire Department operated as an independent Department. The Sugarloaf Key Volunteer Fire department provided fire/rescue services in the area from Shark Key Channel through Cudjoe Key under a contract with Monroe County; E WHEREAS, in 2013, it was determined that the Sugarloaf Key Volunteer Fire Departmentco could no longer meet the requirements of ISO due to the lack of trained personnel available to meet response requirements. The inability to meet the new ISO standards would lead to a higher insurance rating for property owners in the Sugarloaf VFD response area. Therefore, Monroe County Fire Rescue was asked to assume primary responsibility for the Sugarloaf Key Volunteer `- Fire response area. Monroe County Fire Rescue, with the authorization of the Monroe County Board of Supervisors, assumed the responsibility. The Sugarloaf VFD entered into a 10-year lease with Monroe County to operate Fire Station No. 10. The lease provided for the staffing of U' full-time, salaried Monroe County Fire and Rescue Firefighters and Emergency Medical Technicians; w WHEREAS, the members of Sugarloaf Key Volunteer Fire continued to provide volunteer assistance to Monroe County Fire Department throughout 2014; cm WHEREAS, Monroe County has expressed an interest in acquiring Fire Station No. 10 as a permanent site for fire protection and emergency medical and rescue services; co 1 ea Packet Pg. 2811 0.5.a NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE SUGARLOAF KEY VOLUNTEER FIRE DEPARTMENT, MONROE COUNTY, FLORIDA as follows: 1. On April 11, 20I9 and June 12, 2019,the Board of the Sugarloaf Volunteer Fire Department met for the purpose of declaring its intention to transfer Fire Station No. 10 to Monroe County within the near future; and 2. A Motion to Transfer Fire Station No. 10 was made, seconded and duly adopted by a vote of the members of the Board; further; 4i 3. The President of the Sugarloaf Volunteer Fire Department has been delegated the authority to sign the Resolution herein on behalf of the Board. co 0 c� PASSED AND ADOPTED BY THE SVFD on this [�day of June 2019. Kevin Gerard, President Robert Adair, Vice President Stanley Kuzmech, Treasurer James Olean, Secretary E co q SIGNED ON THIS DAY OF JUNE 2019. SUGARLOAF KEY VOLUNTEER FIRE DEPARTMENT SEAL U' By: KEVI RARD, P SIDENT cm r_ 0 U) co 2 Packet Pg. 2812 0.5.a Print Name Witness 0 U) Attest: Print Name Wit s CO t� t� U) U) CM r_ 0 U) CO Packet Pg. 2813 IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS 4i OF MONROE COUNTY, a political subdivision of the State of Florida Case No: CA-K-17-631 Hon. Timothy J. Koenig co Plaintiff, c� c� VS. SUGARLOAF KEY VOLUNTEER FIRE DEPARTMENT, INC., a not for profit Florida corporation, and SUGARLOAF WI-FI, INC., assignee of co KEYS WI-FI, INC., a Florida business corporation, 0 Defendants. SETTLEMENT AGREEEMENT 0 This is a SETTLEMENT AGREEMENT (hereinafter referred to as "Agreement") by and co between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, a political subdivision of the State of Florida(hereinafter referred to as"County"),and the SUGARLOAF KEY a� VOLUNTEER FIRE DEPARTMENT, INC., a not for profit Florida corporation (hereinafter referred to as"Fire Department").The County and the Fire Department shall hereinafter collectively be referred to as the "Parties". RECITALS co WHEREAS, the County filed a declaratory judgment action against the Fire Department and SUGARLOAF WI-FI, INC., assignee of KEYS WI-FI, INC., a Florida business corporation co ("Wi•Fi")in the Circuit Court for the Sixteenth Judicial Circuit,Case No: CA-K-17-631 ("lawsuit"); and Page 1 of 14 Packet Pg. 2814 WHEREAS, in the lawsuit the County sought a final declaratory judgment that the Fire Department was subject to and violated Florida's Government in the Sunshine Law ("Sunshine Laws") by having unlawfully entered into a Ground Option and Lease Agreement (hereinafter 4i referred to as the "Lease Agreement") with Wi-Fi, for the Fire Department's property located at co 17175 Overseas Hwy., Sugarloaf Key,FL 33042, (hereinafter referred to as the"Property",the legal c� c� description of the Property is attached hereto as Exhibit A) and that the Lease Agreement is null, invalid, void ab initio and has no legal or equitable effect; and WHEREAS, in the lawsuit the County requested award of its attorneys' fees and costs against the Fire Department pursuant to sections 57.041, 86.081 and 286.011(4), Florida Statutes; and co 4- 0 WHEREAS, the County is the prevailing party in the lawsuit as the Court entered an order 0 granting summary judgment and final declaratory judgment in favor of the County that fully adjudicated all claims in favor of the County,and the Court retained jurisdiction over post judgment MA matters involving the County and the Fire Department; and WHEREAS, in the lawsuit the County filed a motion for attorney's fees and costs against the Fire Department, which the Court shall award pursuant to sections 268.011 and 57.041(1), co Florida Statutes; and 2M WHEREAS, the County and the Fire Department have agreed to amicably resolve the County's attorney's fees and costs claim and matters between them; and WHEREAS, the Fire Department offered to transfer and convey fee simple title and all rights, ownership interest, and possession to the Property, including all strictures and buildings co assets, to the County as consideration for this Agreement in exchange for the County to relinquish its attorney's fees and costs claim against the Fire Department in the lawsuit; and co WHEREAS, the Fire Department agrees it shall bear its own attorney's fees and costs in relation to the lawsuit as relates to any and all matters concerning the County, and the Fire Page 2 of 10 Packet Pg. 2815 Department waives any right to recover attorney's fees and costs against the County, whether incurred pre-litigation, during litigation or in appellate proceedings; and WHEREAS, the County accepts the Fire Department's offer contingent upon a vote and 4i approval of the Board of County Commissioners of Monroe County (`BOCC"), and the Fire CO Department Board of Directors ("Fire Department Board"), to accept this Agreement and the terms 0 0 herein, and contingent upon satisfaction of the other obligations and requirements further described below in this Agreement; and WHEREAS, an ownership and encumbrance report on the Property ordered by the County shows the Fire Department to be the fee simple owner and there are no liens on the Property; and WHEREAS, research of records shows there are no open code enforcement cases and the CO 4- 0 open permits associated with the Property are permit application #17100167 for construction of a 0 steel platform to support a wireless tower and equipment, and permit application #17102378 for installation of a wireless tower and equipment, both of these were incomplete applications filed by Wi-Fi, and a voided permit# 00101708 for paving of the Property driveway; and WHEREAS,the Parties desire to reduce their negotiations and discussions to writing so that CO it is binding upon them as represented in this Agreement; and WHEREAS, as soon as practical and legally acceptable the BOCC and the Fire Department Board shall hold public meetings to vote on approval of this Agreement; and WHREAS, the Parties agree that the obligations and requirements under this Agreement are conditional and contingent upon approval by both the BOCC and the Fire Department Board, and if approved by both Boards, then they shall become effective upon execution of this Agreement by CO both Parties; and a. WHEREAS,the Parties agree that no obligation or rcgllirement contained herein is binding CO on either party before both Boards approve and execute this Agreement; Page 3 of 10 Packet Pg. 2816 NOW, THEREFORE, in consideration of the foregoing representations and mutual covenants,promises,and considerations hereinafter set forth,and with the intent to be legally bound, it is hereby agreed between the Parties as follows: 4i 1. Incorporation of Recitals: The Parties agree that the foregoing recitals are true and correct co and are incorporated as necessary and substantive provisions of this Agreement. c� c� 2. Matters Settled: This Agreement settles the County's attorney's fees and costs claims against the Fire Department in the lawsuit. 3. Consideration: The Parties agree that the consideration contained in the mutual promises, recitals and provisions in this Agreement is good, sufficient and valid consideration to bind the Parties under this Agreement. The receipt and sufficiency of such consideration is pending approval co 4- 0 by the respective Boards of the Parties. As consideration for this Agreement,the County attorney's 0 fees and costs claims against the Fire Department is Two Hundred Seventeen Thousand One Hundred Fifty Nine Dollars and Eighty Nine Cents ($217,159.86), and the Fire Department's c Property serves as its consideration. 4. Fire Department and County Deliverables: Not later than ten (10) days after final execution co of this Agreement, the Fire Department shall execute a quitclaim deed and closing statement that effectuates the conveyance of the Property for filing in the public record. The County shall prepare 2M a� the quitclaim deed and closing statement. All members of the Fire Department Board shall sign the final quitclaim deed. The alleged former leasehold interest in the Property held by Wi-Fi shall be further extinguished by the Fire Department recording a certified copy of the litigation Final Judgment and Order Granting Summary Judgment. The Fire Department shall bear the fees of 0 co recording the Judgment and Order. The Fire Department shall provide to the County its Board's Resolution authorizing the conveyance. The Resolution provided shall be a signed original in co recordable form. Page 4 of 10 Packet Pg. 2817 Upon conclusion of the Property transfer to the County,and the Fire Department's completion of its obligations under this Agreement, the County shall file a notice with the Court that relinquishes its attorney's fees and costs claims against the Fire Department. 4i 5. Closingon Property_and_Possession: The County shall be provided sufficient time to close CO on the Property and take all steps necessary to effectuate transfer ownership of the Property from to to the Fire Department to the County.The Fire Department shall allow the necessary and adequate time CO for the County to take all steps to close on the conveyance of the Property and accomplish all tasks necessary after the Boards' approval of this Agreement. During that time the Fire Department shall take no action that would burden the Property or prevent the County from closing on the Property. The Fire Department shall cooperate with the County in all ways necessary to timely effectuate the CO 4- 0 closing on the Property. The Fire Department shall have all necessary documents executed in a 0 timely manner and deliver to the County as scheduled between the Parties and as necessary to effectuate the closing in a timely manner prior to the closing date. The County shall have possession of the Property after the closing. The Fire Department shall have cleared the Property of all of the Fire Department's possessions and belongings by the closing date. Documentary stamps tax shall be CO paid by the Fire Department as part of closing costs due on the transfer based on the value of the County's fees and cost claim as authorized by the Florida Department of Revenue. The County shall 2M a� pay the cost of recording the quitclaim deed and fees and costs associated with preparation of closing documents. G. Exclusion and Release of Liability of County: The Fire Department agrees that the County is not responsible or liable in any manner and excludes and releases the County from liability for 0 CO any damages, including,without limitation,any direct, indirect,general, special,punitive, incidental or consequential damages; claim, cause of action, lawsuit, cost, injury and any and all other loss of CO any kind arising out of or in connection with the Property, the tranaer of title to-the Property to the County, Fire Department business activities, promises, covenants, agreements, and operations, this Page 5 of 10 Packet Pg. 2818 Settlement Agreement,and the voided Lease Agreement,that could be made by the Fire Department or any third party, specifically including but not limited to Wi-Fi. This exclusion and release of liability includes the Fire Department's waiver of any and all claims, lawsuits, liabilities, damages, 4i losses or injuries relating to, arising out of, or connected to the Lease Agreement that may be made co by Wi-Fi or any third party against the County, whether the alleged liability is based on contract, 0 0 tort, strict liability or any other legal basis. 7. Notices: Notices, records, and documents to be provided to exercise any right or discharge of any responsibility under this Agreement, shall be sent to the following persons on behalf of the Parties: As to Fire Department: Lee Rohe, Esq., as legal representative of the Fire Department co 30410 Sea Grape Terrace, Suite#2 Big Pine Key, FL 33043 0 As to County: Roman Gastesi, County Administrator Monroe County 1100 Simonton St., Suite 2-205 Key West, FL 33040 Ma and Bob Shillinger, Esq., County Attorney co Monroe County Attorney's Office 1111 12th Street, Suite 408 Key West, FL 33040 . 8. Effective Date: This Agreement shall be binding upon the Parties and shall inure to the benefit of the Parties,as well as their successors and assigns.This Agreement shall be effective upon execution of this Agreement by the Parties. 9. Time is of the Essence: Time is of the essence for the performance and completion of all U) duties required by this Agreement. Each Party shall undertake good faith efforts to perform any and CL all of that Party's obligations under this Agreement. Each Party shali take any and all actions, and co execute, have acknowledged, and deliver any and all further documents that the Parties may be responsible for and which may be requested by the other to effectuate the intents of this Agreement. Page 6 of 10 Packet Pg. 2819 O.5.b 10. Default: In the event of a default of any of the covenants and conditions set forth herein, any provision as to release of the defaulting party is null and void. 11. Binding Effect: The undersigned represent that they have been empowered by the respective 4i parties to enter into, on behalf of the Parties, and to bind the Parties to the commitments and CO undertakings contained herein. The provisions, conditions, terms, and covenants contained herein c� c� shall be of a binding effect. The benefits and advantages hereof shall inure to the respective Parties, and the respective successors,assigns,trustees,receivers,and personal representatives of the Parties hereto. 12. Full Disclosure: The Parties agree that each is releasing certain rights and assuming certain duties and obligations which, but for this Agreement,would not have been released or assumed.The CO 4- 0 Parties agree that this Agreement is fully and adequately supported by consideration and is fair and 0 reasonable, and that the Parties have had the opportunity to consult with counsel. 13. Law and Venue: The Fire Department and the County agree that this Agreement shall be c governed, interpreted and construed in accordance with the laws of the State of Florida. Jurisdiction and Venue for all proceedings in connection with this Agreement, or arising as a result of any matter CO relating to this Agreement, or addressed in this Agreement, shall be in the Circuit Court of the Sixteenth Judicial Circuit in and for Monroe County, Florida. °0 14. Severability: The Fire Department and the County agree that if any part, term or provision of this Agreement is determined by the courts to be invalid, illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. 15. Meraer: This document incorporates, includes, and supersedes all prior negotiations, CO correspondence, conversations, agreements or understandings applicable to the matters contained herein; and the Parties agree that there are no commitments, agreements or understandings CO concerning the subject matter of this Agreement that are not contained in this document. Page 7 of 10 Packet Pg. 2820 Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. 16. Joint Preparation: The Parties acknowledge that they have sought and received competent 4i advice and counsel for them to form a full and complete understanding of all rights and obligations co herein and that the preparation of this Agreement has been their joint effort. 0 0 17. Counterparts:This Agreement may be executed in any number of counterparts each of which, when executed and delivered,shall be an original,but such counterparts shall together constitute one and the same instrument. Facsimile and scanned copies of this Agreement shall be considered originals for all purposes. 18. Further Assurance: The Parties agree to execute all such further instruments and documents, co 4- 0 and to take all such further actions that may be reasonably required by any party to fully effectuate 0 the terms and provisions of this Agreement and the transactions contemplated herein. 19. Modification: No change or modification of this Agreement shall be valid unless in writing c and signed by all Parties. No waiver of any of the provisions of this Agreement shall be valid unless 0 in writing and signed by the party against whom it is sought to be enforced. co 20. Survival of Provisions: All covenants, warranties, and representations contained in this Agreement, and all documents to be delivered by the Parties in connection with the consummation a� of the transaction contained herein, shall survive the consummation of said transaction. 21. Full Execution Required for Enforcement: In addition to any other conditions precedent provided for in this Agreement, the terms, conditions, and covenants of this Agreement are not binding, controlling, or effective, and therefore cannot be enforced, unless and until the Agreement co is fully executed by the Parties. CL REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURES ARE ON FOLLOWING PAGE co Page S of 10 Packet Pg. 2821 IN WITNESS WHEREOF, the parties hereto have made and executed this Settlement 0 U) M Agreement on the respective dates under each signature: MONROE CO UN thro BOARD 0 TY, ugh its OF COUNTY COMMISSIONERS, signing by and through its Mayor, authorized to execute same 4i by Board action on the day 2019,and SUGARLOAF KEY VOLUNTEER FIRE U- co DEPARTMENT, INC., signing by and through its, President, Kevin Gerard, duly authorized to 0 execute same by the Board action on the J,Pdfa�y of )�2019. E (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA E By: By: co Deputy Clerk Mayor 0 Date: Date: SUGARLOAF KEY VOLUNTEER FIRE .2 M Mco6erardENT,INC.By: Date: 7 President, Kin ev � MONROE COUNTY ATTORNEY AP�ROVED �T OR M WITNESSES ATTEST: Signature CHRIS AMBR S ASS E TA Print Name: Date. Date: E Signature gLjP2-- CO 0 w CL Print Name: co Date: E Page 9 of 10 Packet Pg. 2822 C) 4i EXHIBIT A C0 0 ca Legal Description Warranty Deed OR416 Page 914 17175 Overseas Highway, Sugarloaf Key,Florida , Parcel Identification Number: 00117930-000100 A tract of land in a part of Gov't Lot 3, Sec. 3, T67S, R27E, on Sugarloaf Key, Monroe County, Florida, and being more particularly described by metes and bounds as follows: co 4- 0 Commencing at the intersection of the West Line of Gov't Lot 3 and the Northerly right-of-way line of U.S. Highway No. 1, bear North 56 degree, 02 minutes and 38 seconds East along the Northerly right-of-way line of U.S. Highway No. 1 for a distance of 644.56 feet to the Point of Beginning of the tract of land hereinafter described: from said Point of Beginning, continue bearing North 56 degrees,02 minutes and 38 seconds East along the Northerly right-of-way line of U.S. Highway No. 1, 110.0 feet;thence bear North 33 degrees 57 minutes and 22 seconds West, 100.0 feet;thence bear South 56 degrees, 02 minutes and 38 seconds West, 100.0 feet; thence bear South 33 degrees, 57 minutes and 22 seconds East for a distance of 110.0 feet, back to the Point of Beginning. C0 U) C0 CL C0 Page 10 of 10 Packet Pg. 2823 0.5.c SUGARLOAF KEY VOLUNTEER FIRE DEPARTMENT z U) RESOLUTION 2019-02 RE: DECLARATION OF INTENT OF SUGARLOAF KEY VOLUNTEER FIRE DEPARTMENT REGARDING APPROVAL OF SETTLEMENT AGREEMENT BETWEEN SUGARLOAF KEY VOLUNTEER FIRE DEPARTMENT AND THE BOARD OF COUNTY COMMISSIONERS co OF MONROE COUNTY, FLORIDA. WHEREAS, the SUGARLOAF KEY VOLUNTEER FIRE DEPARTMENT (SVFD) entered into litigation with the Monroe County Board of County Commissioners on August 8, 2017, in the case styled as Board of County Commissioners of Monroe County v. Sugarloaf Key_ Volunteer Fire Department and Sugarloaf W_i-Fi, Case No. 2017-CA-631-K which terminated with a Final Judgment in favor of the Board of County Commissioners recorded in Monroe E County Public Records on 1/9'2019 under OR Book 2944, Page 0066; which is presently under appeal by Sugarloaf Wi Fi in the Third District Court of Appeals in the case styled as Sugarloaf co Wi-Fi v. Board of County Commissioners of Monroe Counly, Florida and Sugarloaf Key Volunteer Fire Department, Case No. 3D 19-0224. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF THE SUGARLOAF KEY VOLUNTEER FIRE DEPARTMENT, MONROE COUNTY, FLORIDA as follows: 1. On June 12, 2019, the Board of the Sugarloaf Volunteer Fire Department met in Executive Session for the purpose of approving a Settlement Agreement between the LL Board of County Commissioners of Monroe County, Florida and Sugarloaf Key Volunteer Fire Department as to the litigation referenced above; and 0 2. A Motion to Adopt the Settlement Agreement was made, seconded and duly adopted by a unanimous vote of the members of the Board; e 4- 3. The President of the Sugarloaf Volunteer Fire Department has been delegated the authority to sign the Resolution herein on behalf of the Board. co cm cm r_ 0 U) Packet Pg. 2824 PASSED AND ADOPTED BY THE SVFD on this 12th day of June 2019. Kevin Gerard, President Yes Robert Adair, Vice President Yes Stanley Kumech, Treasurer Yes James Olean, Secretary Yes co t� ca t� SIGNED ON THIS DAY OF JUNE 2019. E BOARD OF DIRECTORS SUGARLOAF KEY VOLUNTEER FIRE DEPARTMENT SEAL co By; KEVIN GERARD, PRESIDENT 0 C0 r_ 0 U) Packet Pg. 2825