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Item O06 Meeting Date: Janumy 28,2009 Bulle Item: Yes No XX BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Division: County Attorney Staff Contact Person: Cynthia L. Hall x 3174 AGENDA ITEM WORDING: Request by property owner Michael Cristler for further mitigation of fines in Code Enforcement Case CE05050056. ITEM BACKGROUND: Mr. Cristler owns property located at 31357 Ave. C., Big Pine Key, FL. On May 3,2005, Code Enforcement posted a stop work order at the property to stop ongoing consuuction being done without penuits. Investigation showed that the owner had constructed a shed; removed stairs and/or railings from elevated French doors; replaced windows; and built a new deck and stairs at the back of the single family residence. Mr. Cristler was served with a Notice of Violation in July 2005. The first hearing was not held until April 2007. At that hearing, the Special Magistrate imposed fmes of$150 per day if the violations were not corrected by May 24, 2007. Mr. Cristler did not apply for a building permit until Aug. 8, 2008. The permit was issued on Oct. 22, 2008. Mr. Cristler passed inspections on the permit on Oct. 30, 2008. The fines ran from May 24, 2007 until Oct. 30, 2008. Fines totaled $78,750.00. A lien in this amount was recorded with the County Clerk in December 2007. The property was in foreclosure in 2007-08. In November 2008, Mr. Cristler entered into a deal with a lender for financing to avoid foreclosure. The lender required that the lien be resolved prior to financing. The parties agreed to settle the lien for 25% of accumulated fines plus costs ($19,687.50). Mr. Cristler placed that sum in an escrow account, where it is currently held. (Copy of Escrow Agreement attached.) However, Mr. Cristler also requested that he be allowed to appear in front of the BOCC in January 2009, with the understanding that the BOCC could (a) further mitigate the fine; (b) increase the fine; or (c) leave the mitigated fme at its current amount. In addition, as part of the deal, the County Attorney agreed to subordinate its lien to the new lender. (Copy of Subordination Agreement attached.) Between the Code Enforcement Dept. and the County Attorney's Office, the County has expended approximately 60 hours on the case. In addition, out of pocket costs total $18.50 (recordation fee). PREVIOUS RELEVANT BOCC ACTION; On May 21,2008, the BOCC enacted Resolution 148- 2008, authorizing the County Attorney's Office to settle code enforcement cases for no less than 25% of accrued fmes plus actual costs. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Staff recommends settlement oftrus 312-yearold case in the amount of25% of accrued fines per Resolution 148-2008 ($19,687.50). TOTAL COST; COST TO COUNTY: INDIRECT COST: REVENUE PRODUCING: Yes BUDGETED: Yes No SOURCE OF FUNDS: APPROVED BY; No et~ County Atty -L AMOUNT PER MONTH_ Year OMB/Purchasing _ Risk Management _ DOCUMENTATION: DISPOSITION; Included x Not Required_ AGENDA ITEM # Code EnforcemenL Delai I http://osS,l110nroecounty-fl.gov/code_dtt .nsp?case _no=CE05050056 CODE ENFORCEMENT DETAIL El- (,."1 '-~ CASE INFO PROPERTY INFO NUMBER TYPE DESC TENANT ADD INFO STATUS OFFICER CE05050056 DATE 5 OPER REFERRAL 5/4/2005 windsork PARCEL ADDRESS CSZ OWNER ADDRESS CSZ PHONE 00302920000000 31357 AVENUE C BIG PINE KEY, FL 33043 CRISTLER MICHAEL D JR 31357 AVENUE C BIG PINE KEY, FL 33043 7002 2410 0000 9898 5139 o OPENED WITH RECEP KW VIOLATION CODES 1: 9.5-111(1) -- BUILDING PERMIT REQUIRED CASE DESCRIPTION CONSTRUCTION OF SHED AND POOL W/O PERMITS DATE TIME !INSP / EVE TVP E INSTRUCTIONS 10/31/2008 16:47:0B COMMENT CODE COMPLIANCE AFFrDAVIT TO NICOLE. VM FROM PO THAT PERMIT HAS HAD FINAL INSPECTION. REVIEW OF OSS SHOWS REVISION TO PERMIT WAS ISSUED, BUT NOT THE PERMIT PASSED PERMIT TO MARY TUCKER. THE PERMIT WAS NOT ATF BECAUSE HE DID NOT HAVE 10/31/2008 16:45:19 COMMENT CODE NOA'S SO WAS GOING TO REPLACE W/ NEW. ONLY STAIRS AND RAILINGS WERE INSPECTED FROM WHAT I CAN DETERMINE, THERE WERE NO PLANS IN REVISION FILE. SPOKE WI R. CALLING COMPLIANT ON BOTH CASES. 10/17/2008116:06:02[COMMENT CODE SPOKE WI MR. CRISTLER. THEY ARE KEEPING THE HOUSE, WILL BE IN MONDAY TO AMEND PERMIT OBl-2895. '5"7'4.ICOMMENT C~DE PC FROM PO. HE HAS APPLIED FOR PERMIT NOT INCLUDING STAIRS. SAYS HARRY DOES NOT AGREE W/ MY VIO ON STAIRS. REVEIWED 8/13/2008 FILE W/ HARRY, REQUESTED COLOR PHOTOS FROM CYNTHIA THAT JENCY TOOK IN 2005 SHOWING STAIRS UNDER CONSTRUCTION. HARRY IS CONDUCTING A SITE VISIT TODAY, 16/30/2008 10:27:38 ELIGIBLE FOR FORECLOSURE MOVED FORWARD FOR COLLECTIONS 6/26/2008 15:20:30 INSPECTORS HEARING NOTES GAVE STATUS AT HEARING. SM GRANTED MOVE TO COLLECTION. 6/25/2008 19:13:47IREINSPECTION FOR HEARING NO PERMITS 112:03:44ICOMMENT CODE STILL NO PERMIT TO REPLACE STAIRS AND 5/7/2008 INSTALL DECK @ FENCH DOORS. CREATED CE08050068 FOR UNSAFE. ]13:39:21 CONTINUED TO RENOTICE FOR HEARING. PAO 4/24/2008 SM CASE CONTINUED NO ACTION HAD WRONG LOT # LISTED ON PROPERTY CARD RENOTICE FOR COLLECTIONS 4/24/2008 1",22,25 SPOKE TO PA REGARDING INCORRECT LOT NO. REFER TO PROPERTY APPRA[SER ON PRC. THE TWO LOTS WERE SPLIT (11& 6) AND TYPO ON PRC. WILL BE CORRECTED IN FEW DAYS. 4/24/200~ 11 '21, 20 ICOMMENT CODE PO HERE FOR HEARING, WAS CONTINUED. PO WANTED TO MEET WI ME AGAIN, UNABLE TO BECAUSE IS HEAR[NG DAY. GAVE HIM MY CARD AND ASKED HIM TO CALL FOR A TIME TO MEET. -' _, .....--'-"_.....,....~~........~ _ ~...~~._ "'< >r. _. ,_~_~.....c -----~- _ _.__-'----= ~_____...r..... ..ft-. INSPECTIONS/EVENTS DETAIL 100 11/3/20083:38 PM Code Enforcement Detail hUp://oss.l1lonI'OecounLy- fl.go vt code _ d L] .asp?cClsc _llo=CE05 0 50 05 6 ~ MR. CRISTLER CAME INTO THE BUILDING DEPT, HE IS GOING TO BE ABLE TO KEEP HIS HOUSE, AND HE MET W/ BLDG, WORKING ON PERMHS. EXPLAINED THAT THE LIEN WILL BE RECORDED IN 30 DAYS, THEN HE WILL HAVE TO SPEAK W/ COUNTY ATTORNEY RE MITIGATION, IF HE IS COI>1PLIANT BEFORE 30 DAYS CAN SPEAK TO THE JUDGE. ILIEN I~1POSED SHE VISIT, LOOKS THE SAME. CAN BARELY SEE THRU THE REAR FOLIAGE: BUT NOTHING HAS CHANGED. STILL NO PERMIT APPLICATIONS, HAVE NOT HEARD FROM PO SINCE LAST HEARING - JUNE 28, 2007. 16:59:31IsM CASE CONTINUED NO ACTION ICONTINUED TO 09/27/07 I REVIEW BEFORE SM. PO A'JTENDED. 15'45'10 COMMENT CODE CONTINUED UNTIL SEPT. RECOMMENDED THAT . . HE CONTACT HABITAT FOR FUNDS FOR NEEDED REPAIRS. 15'02'23ICOMMENT CODE RET VM FROM PO. HE IS COMING TO HEARING, . . HSE SOON TO BE FORECLOSED. SITE VISIT. NOTHING HAS CHANGED. NO PERMITS APPLIED FOR. HAVE NOT HEARD FROM PO. TOOK PHOTOS. NOTE: HURRICANE SHUTTERS ARE STILL ON THE FRENCH DOORS, THEREFORE AM NOT PULLING AT THIS TIME TO RECITE FOR UNSAFE. . . ADDED FINE ON 9.5-111(1) 11.31.28 COMMENT CODE START DATE: OS/25/07 FINE AMT: 150.00 10:00:59 SM CASE CONTINUED NO ACTION ICONTINUED FOR REVIEW TO 06/28/07 NO PERMITS STILL. SHOULD HAVE C]TED AS UNSAFE, THOUGHT HOMEOWNER WAS S]fI!CERE ABOUT GETT]NG THIS RESOLVED. NON-COMPLIANCE TO KAREN LIEN RECORDED 04/26/07 FOR 100.00 BOOI< PAGE VIOLATION $150.00 X DAY $100 ADMIN COSTS COMPo OS/24/07 HEARING 05/31/07 11:30:04 INSPECTORS HEARING NOTES READ BR]EF INTO RECORD 17'27'28 REINSPECTION FOR HEARING NO PERMIT APPLICATION IN SYSTEM. . . AFFIDAVIT TO KAREN 17:27:20IsM CASE CONTINUED NO ACTION ICONTINUED TO 04/26/07 17:28:39IREINSPECTION FOR HEARING IMET WITH PROPERTY OWNER AT HOUSE. 07'50'46ICOMMENT CODE CONTINUANCE REQUEST TO RONDA. . . CONTINUE UNTIL 4.26.2007 ESTABLISHED SCOPE OF WORK FOR PERMIT. ALL TO COMPLETE, NO ATF. 1. NEW DECK & STAIRS ACROSS REAR OF SFR. 2. SIDING ON LOWER LEVEL 3. (3) NEW WINDOWS 4. REMOVE FRENCH DOORS LOWER LEVEL & REPLACE THE WALL NOTE: EXPLAINED TO PO THAT THE NEW STAIRS W/O PERMIT AND NO STAIRS OR DECK AT SLIDING DOOR SB CITED AS UNSAFE, HOWEVER PO SAID HE WAS GOING TO DEMO HOSE UNPERMITTED STAIRS AND PERMIT DECK ALL THE WAY ACROSS. THEREFORE DID NOT CREATE NEW CASE FOR UNSAFE. 10/15/2007 08:34:47 COMMENT CODE 19/27/2007 108:25:44 LIEN ORDER 9/21/2007 16:59:02 REINSPECTION FOR HEARING 16/28/2007 6/28/2007 6/26/2007 6/25/2007 10:01:15 REINSPECTION FOR HEARING 6/1/2007 5/31/2007 5/30/2007 18:55:26 REINSPECTION FOR HEARING 4/30/2007 14/26/2007 14/26/2007 14/23/2007 2/22/2007 2/15/2007 2/15/2007 lS:00:09ICOMMENT CODE 18:54:56 FINDING OF FACT 2/15/2007 D7:48:22 COMMENT CODE THE SHED IS GONE. HAS ONLY REPLACED 2 WINDOWS, ONE]N 2DOO AND ONE IN 2002, FALLS WITHIN 25% RULE. SPOKE W/ BLDG INSP, POOL IS PORTABLE & YARD ]S FENCED IN. 1/11/2007 120:06:221CERTIFIED ON HEARING NOTICE SE;RVICE GOOD 20f3 11/3/20083:38 PM Code Enforcement Oetai] hllp:/ /oss.lllonroecolll1ty- fl ,guv/code _ dtJ ,asp?case _l1o=CEOS0500S6 F"12007l07'S4'4+0MMENT C~:E SPOKE WiTH PROPERTY OWNER, INVITED ME TO COME AND WALK THE PROPERTY TO DETERrvlINE WHAT NEEDS TO BE DONE, SAID THE SHED HAS ALREADY BEEN REMOVED. 1/9/2007 1O:16:07IHEARING NOTICE SENT INonCE FOR 02/22/07 1/3/2007 11 :09:24IREASSIGN INSPECTOR IREASSIGNED TO KAT I 1/3/2007 11:09:09IsENT TO LIAISON IREC'D FOR FE8 HEARING ! F SENT TO LIAISON 1/3/2007 11:08:18 SENT TO DIRECTOR FOR REVIEW NEEDS INSPECTOR CHANGED FROM NORMAN TO I WINDSOR 1/2/2007 116:19:29 COMMENT CODE ' IPREPARED CASE FOR SM 7/18/2005 -108~NOV CERTIFIED RETURNED CERTIFIED RECPT RET'D - GOOD SERVICE . . 70022410000098985139 17/7/2005 ll'18'48INOTICE OF VIOLATION NOV MAILED TO PROPERTY OWNER CERT# . . 7002 2410 0000 9898 5139 15/4/2005 10:27:20ICREATE A CASE VIOLATION RECORDED WINDSORK 15/3/2005 110:35:46 STOP WORK ORDER STOP WORK ORDER BY INSP PROBERT 3of3 11/3/2008 3:38 PM ESCROW AGREEMENT THIS ESCROW AGREEMENT is made and entered into this ~day of November) 2008 by and among MONROE COUNTY) FLORIDA (the "County")) MICHAEL D. CRISTLER, JR. ("Cristler") and CHRISTOPHER B. W ALDERA) P.A. (the "Escrow Agent"). RECITALS A. Cristler is the owner of the following described property (the "Property") located in Monroe County, Florida: Lot 6, Block 24, SANDS SUBDIVISION, Big Pine Key, according to the Plat thereof recorded in Plat Book 1, Page 65, of the Public Records of Monroe 90unty, Florida. B. On October 4,2007, Code Enforcement Special Magistrate Larry J. Sartin entered an Order hnposing PenaltylLien in favor ofthe County against Cristler in Code Enforcement Case CE05050056 which was recorded December 12, 2007 in Official Records Book 2336, at Page 223, of the Public Records of Monroe County, Florida (the "Code Enforcement Lien"). C. Cristler's failure to correct the violations found to exist on the Property have resulted in the imposition offines of One Hundred Fifty and 00/100 Dollars ($150.00) per day from May 25, 2007 through October 30, 2008 when the County insp~cted the Property and found Cristler had corrected the violations which resulted in the Code Enforcement Lien. The total outstanding fine pursuant to the Code Enforcement Lien is Seventy Eight Thousand Seven Hundred Fifty and 00/100 Dollars ($78,750.00). D. The County has agreed to settle the Code Enforcement Lien and release the Property from the lien in exchange for the payment of Nineteen Thousand Six Hundred Eighty Seven and 50/100 Dollars ($19,687.50) which is twenty five percent (25%) of the outstanding fine. E. The County has further agreed to allow Cristler to appear before the Monroe County Board of County Commissioners in order to seek a further reduction in the amount to be paid to settle the outstanding Code Enforcement Lien. F. The County acknowledges that Edith H. Moritz, hereinafter referred to as the "Subsequent Lender" intends to make a loan to Cristler in the original principal amount of EIGHTY THOUSAND AND NO/lOO DOLLARS ($80,000.00) (the "Subsequent Loan") to be secured by a mortgage encumbering the above-described Property (the "Subsequent Mortgage"). G. The County further acknowledges that the Subsequent Lender, as a condition of making the Subsequent Loan to Cristler, has required the subordination of the Code Enforcement Lien to the Subsequent Mortgage. F. The County has agreed to subordinate the Code Enforcement Lien to the lien of the Subsequent Mortgage. as well as to all renewals and extensions thereof. provided, however, the maximum principal balance of the Subsequent Loan secured by the Subsequent Mortgage shall be limited to EIGHTY THOUSAND AND NO/lOO DOLLARS ($80.000.00) and provided further that Cristler deposit with the Escrow Agent an amount equal to Nineteen Thousand Six Hundred Eighty Seven and 501100 Dollars ($19.687.50) (the "Escrow Amount") at the closing of the Subsequent Mortgage and execution of the Subordination Agreement and this Escrow Agreement. AGREEMENTS In consideration of the foregoing recitals and the mutual agreements set forth in the Agreement and this Escrow Agreement, the parties agree as follows: 1. Incorporation by Reference. The foregoing recitals are deemed to be true and correct and are hereby incorporated into and made a part of this Agreement as if fully set forth herein. 2. Acceptance and Deposit of Escrow Amount. Upon execution ofthis Escrow Agreement, Cnstler shall deliver the Escrow Amount to the Escrow Agent. The Escrow Agent shall accept delivery of the Escrow Amonnt from Cristler and shall hold and maintain the Escrow Amount in accordance with the terms oftms Escrow Agreement. The Escrow Agent shall deposit the Escrow Amount in a non-interest bearing trust account ~n the name of the Escrow Agent for the benefit of Cristler. 3. Disposition of Escrow Amonnt and Closing Documents. The Escrow Agent, by e~ecution of this Escrow Agreement, acknowledges receipt ofthe Escrow Amount and shall hold and distribute the Escrow Fnnd as follows: (a) Timelv Request to Mitigate Code Enforcement Fine. Cristler shall appear before the Monroe County Board of Connty Commissioners no later than the regular Board of County Commissioners meeting scheduled for January, 2009 in order to request further mitigation ofthe code enforcement fine. Cristler understands that there is no guaranteed outcome. Upon resolution of the request to the Monroe County Board of County Commissioners, the Escrow Agent shall pay to Monroe County an amount equal to the Escrow Amount or such amount as authorized and agreed to by the Monroe County Board of County Commissioners. In the event such amount is less than the Escrow Amount. the Escrow Agent shall release any remaining balance of the Escrow Amount to Cristler. To the extent the amount is greater, Cristler shall pay the difference within thirty (30) days from the date of the meeting of the Board of CountY Commissioners at which Cristler's mitigation request is heard. (b) Failure to Timely Appeal Code Enforcement Fine. In the event the Monroe County Board of County Commissioners does not reduce the code enforcement fine as a 2 result of Cristler' s request or Cristler fails to make such request within the time period set forth in paragraph 3( a) of this Agreement, the Escrow Agent shall deliver the Escrow AmOlUlt to the County and this Escrow Agreement shall be terminate. 4. Rights and Duties of the Escrow Agent. The Escrow Agent undertakes the duties and responsibilities imposed by this Escrow Agreement upon the following tenllS and conditions, and the Escrow Agent shall have no duties and responsibilities except those expressly set f011h herein, by all of which the County and Cristler agree to be bound. (a) Reliance. The Escrow Agent undertakes to perform only such duties as are specifically set forth herein and may conclusively rely and shall be protected in acting or'refraining in acting on any written notice, instrument or signature believed by it to be genuine and to have been signed and presented by the proper party or parties duly authorized to do so. The Escrow Agent shall have no responsibility for the contents of any writing contemplated herein and may reasonably rely without any liability upon the contents thereof (b) No Liability. The Escrow Agent shall not be liable for any action taken or omitted to be taken by it in' good faith and believed by it to be authorized hereby or within the rights and powers conferred upon it hereunder, nor for any action taken or omitted to be taken by it in good faith and shall not be liable for any mistakes of fact or error of judgment or for any acts or omissions of any kind unless caused by its own willful misconduct, bad faith or negligence. (c) Indemnification of Escrow Agent. To the extent allowable by Section 768.28, Florida Statutes, the County and Cristlet will indemnify the Escrow Agent for and defend and hold it harmless from and against any and all losses, claims, liabilities, costs, payments and expenses which may be imposed upon or incurred by the Escrow Agent hereunder, except as a result of the Escrow Agent's willful misconduct, bad faith or negligence, including any litigation arising out of instructions under this Escrow Agreement or involving the Escrow Amount. 5. Miscellaneous Provisions. (a) Amendment. This Agreement may only be amended by the written agreement of all of the parties hereto. (b) Notices. Any notice to be given hereunder shall be deemed given and sufficient if in writing and delivered or mailed by registered or certified mail, and addressed as follows, unless and until either of the parties notifies the other in accordance with this section of a change of address: If to the County: 3 Cynthia Hall, Assistant County Attorney Monroe County, Florida P.O. Box 2622 Key West, Florida 33042 rfto Cristler: Michael D. Cristler, Jr. 31357 Avenue C Big Pine Key, Florida 33043 If to Escrow Agent: Christopher B. Waldera, P.A. 11300 Overseas Highway Marathon, Florida 33050 Attn: Christopher B. Waldera (c) Assignment. This Agreement shall be binding upon and inure to the benefit and burden of and shall be enforceable by the parties hereto and their respective heirs, executors, successors and assigns. This Agreement may not be assigned without the prior written consent of the County. (d) Governing Law. This Agreement shall be governed by and subject to the laws of the State of Florida. [The remainder of this page intentionally left blank. Signatures appear on following page.] 4 IN WITNESS WHEREOF, the patiies hereto have caused this Agreement to be executed and delivered as of the day, month and year first above written. ~;~4 Attest- .Q,~ 1-. !hJJ o /v'l1+r A L, H74- L.. L-- Michael D. Cristler, Jr. CHRISTOPHER B. W ALDERA, P.A. By Christopher B. Waldera 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered as ofthe day, month and year first above written. Momoe County, Florida By Its Attest: ~~ Michael D. Cristler, Jr. --.. CHRISTOPHER B. W ALDERA, P.A. BY{?L6u)~ . Christopher B. WalderR-- 5 SUBORDINATION AGREEMENT THIS AGREEMENT is being entered into the day of November, 2008 between Monroe County, Florida, a political subdivision of the State ofFlOlida, hereinafter referred to as the "County," and Michael D. Cristler, Jr. hereinafter refened to as "Borrower" or "Mortgagor". On October 4, 2007, Code Enforcement Special Magistrate Lany 1. Sartin entered an Order Imposing PenaltylLien in favor of the County in Code Enforcement Case No. CE05050056 against Michael D. Cristler, Jr., which was recorded December 12,2007 in Official Records Book 2336, at Page 223, of the Public Records of Monroe County, Florida (the "Code Enforcement Lien"). The Code Enforcement Lien encumbers the following described property (the "Property") owned by Mortgagor: Lot 6, Block 24, SANDS SUBDIVISION, Big Pine Key, according to the Plat thereof recorded:in Plat Book 1, Page 65, of the Public Records of Monroe County, Florida. The County acknowledges that Edith H. Moritz, hereinafter refelTed to as the "Subsequent Lender" intends to make a loan to BOlTower in the original principal amount of EIGHTY THOUSAND AND NO/IOO DOLLARS ($80,000.00) (the "Subsequent Loan") to be secured by a mortgage encumbering the above-described Property (the "Subsequent Mortgage"). The County further acknowledges that the Subsequent Lender, as a condition of making the Subsequent Loan to Borrower, has required the subordination of the Code Enforcement Lien to the Subsequent Mortgage. Subject to the terms and conditions hereinafter set forth, the County is willing to subordinate the Code Enforcement Lien to the lien of the Subsequent Mortgage. NOW, THEREFORE, in consideration of the sum ofTEN AND NOIlOa DOLLARS ($10.00), and for other good and valuable consideration, the receipt and sufficiency of which are hereby aclmowledged, the County, does hereby covenant and agree as follows: 1. The County does hereby subordinate the Code Enforcement Lien to the lien of the Subsequent Mortgage, as well as to all renewals and extensions thereof, provided, however, the maximum principal balance of the Subsequent Loan secured by the Subsequent Mortgage shall be limited to EIGHTY THOUSAND AND NO/IOO DOLLARS ($80,000.00). 2. Tbis agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, this Agreement has been duly executed and delivered 011 the day and year above written. WI:JESS~~: 'l:f I, r"-/)l' ~_ . f"f.fl/!!/ifJ/ftAffiti [tf)w.;ftf.1./ lA/J. ,>>~itn.eS!V~W;~~lfe j t . n.sk(if'i {1 r;~ I. .. U\!1j J1(t:~ uYI ,rAO tJ\L hinted Naroe -'" ......~ (i ~' ',{ ;11'. ;1 1 ,I _ ~ '. \w.\.1"fA.v"l; ...f~.-- tf ,-- <"Y,~ l Witness Signature , II " (, Y N -rt., I ,{I L. t-~/),. ~. '." Printed Name STATE OF FLORIDA Monroe CO\ll1ty, FIOridxta . j/.', i ,,-- /-"(41 _fL- ~ ......... ~ .0' _f ...1'~..-'" By. \',,,,'r:...,~,,:"j,,,,- ~ >>/i" I '1 ~,-_.... .' r"" //''J. ,-~') A'! jl Wame ana Title: ,-nl;~ ('''1/1 (' If" 1,t /;0/1 (" .i /iLf _ '" Oil <>'I''l 111' ()," /Jh? COUNTY OF MONROE The fqJ:~ojn~ itf~ent 'Xa:~ ~~oWiedged before me the Ii" day ofNovem?!r,. 2008 by i 1U11tpl Nf;-; U. lHkUVft! , on behalf of Monroe County. H~/sh~lS personally known to me or has prdduced as identification. -,,,,:,,,_, . ".. NOTARY RUBBER STAMP SEAL Prepared by and return to: Christopher B. Waldera. P .A. 11300 Overseas Highway Marathon, FLorida 33050 My Commission Expires: l.AURIE~D~ MY=::, OD78ff,'l2 Ifondtc!Thru~~~