Resolution 138-1982RESOLUTION NO.138 -1982
RESOLUTION AUTHORIZING THE COUNTY'S ACCEPTANCE AND
AGREEMENT TO ASSIGNMENT OF THE PROCEEDS OF THE CON-
TRACT FOR RENOVATION AND UPGRADING OF DUCK KEY
BRIDGE NO. 1 IN MONROE COUNTY, FLORIDA.
WHEREAS, ALONZO COTHRON, INC. has been awarded the contract
for the renovation and upgrading of Duck Key Bridge No. 1 in
Monroe County, Florida, by the Board of County Commissioners, and
WHEREAS, the aforesaid Contractor, ALONZO COTHRON, INC. has
requested the County to agree to a Collateral Assignment of the
moneys due under said contract to be paid to The Islamorada Bank,
now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that the County does consent to and agrees to
assign, as per the instrument, dated 30th day of March, 1982, proceeds
of the contract between the County and ALONZO COTHRON, INC. for the
renovation and upgrading of Duck Key Bridge No. 1 in Monroe County,
Florida.
BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, that the Chairman be and he is hereby
empowered to execute the Collateral Assignment of moneys due under
the aforesaid contract wherein The Islamorada Bank is the recipient
of said assignment.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the Sth day of April, A.D., 1982.
(SEAL)
Attest •CLERK
C erk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By (�_�
May C airman
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COLLATERAL ASSIGNMENT OF MONEYS DUE
AND TO BECOME DUE UNDER CONTRACT
FOR VALUE RECEIVED, the undersigned Alonzo Cothron, Inc.
of Rt . 1 , Box55 . B Is l amorada , Fl,. Florida, (herein referred to as assignor) does (do) hereby sell,
assign, transfer, deliver and set over to The ISLAMORADA BANK , a corporation under the
banking laws of the State of Florida, (herein referred to as assignee) and its successors and assigns, all moneys due and to
become due from the Board of County Commissioners- Monroe County. Fl , for
The Renovation and Upgrading of Duck Key Bridge No. 1 , Monroe County, F1.
and The Renovation and Upgrading of Duck Key Bridge No. o Monro (moo lnt„y', F1.
under its contractswith assignor, dated March 22 19 82 , providing for payments to
assignor aggregating as much as $ 3340402,00 , and being contract
number N f A copy of which said contract is hereto attached
and by reference made a part hereof.
This assignment is made to secure payment of all 'indebtedness by and obligations of assignor to assignee, whether
presently existing or hereafter arising, and whether now due or not due, and all extensions or renewals thereof, in whole
or in part, however represented or evidenced and regardless of whether any other security is held therefor.
The assignor warrants to the assignee that the payments under said contract are not subject to sing re4tiction or
set-off for any indebtedness of assignor arising under or independently of such contract, and coygnants, that no , otlier
assignment than this of the moneys hereby assigned has been made and that there are no Ilene upon such moneys of
' claimants other than assignor thereto; that there is no defense to assignor's claim to such moneys und@r said cn_ntraet
and liability for payment thereof is not in dispute; that the assignor has gooli' and-Ilawfgl right to maife t4ls assign-
, -
ment and will defend the same against the claims of all persons whomsoever. `� ` ► ^" . �.
b"P144*
The assignor hereby authorizes and empowers the assignee to receive, receipt for and collect in its name or in
assignor's name, and in any manner it may, In its discretion, deem necessary or proper, the moneys hereby assigned,
and hereby constitutes and appoints assignee its lawful attorney -in -fact so to do, such authority to include the endorse-
ment of assignor's name on all commercial paper issued in full or partial payment under said contract, the settlement,
adjustment or compromise of any claims in connection therewith, and full power to prosecute any suit in law or equity
and to take any and all other necessary proceedings for the collection of the moneys hereby assigned.
The Board of County Commissioners, Monroe County, Florida
is hereby directed to honor this assignment and to make all payments under said contract to assignee. 1 ,
IN WITNESS WHEREO , assignor has executedAhis assignment atIK&X �Or ri a' this
day of
Signed, sealed, and delivered
The undersigned hereby consents to the foregoing
assignment and agrees to pay any and all benefits &rid
sums due under the contract referred to therein to
The ISLALM 0RADA BANK
ThL v' o
April
(sEwl:j
For Mori ro unty
(SEAL)
A COPYING FORM No. CA1-14
AJLQNZ-& COTHRON INC.
(8ZAL)
Alonzo Col
o hron President
I hereby consent to and join in thl4bregioing
assignment:
AND NSA
(BZJLL3 -
spouse
'STATE OF
F1W
COUNTY OF Monroe SS.
I HEREBY CERTIFY, That on this 5 t h P day of—Apr i 1 A. D. 19 82 before me, the under-
signed authority, personally appeared R a 1 ph Whits & _
to me known to be the person- described in and who executed the foregoing instrument, and duly acknowledged the
execution to be. rree act and deed for the uses and purposes therein mentioned.
WITNESS my hand and offical seal the date afore
Notary Public for
KZ.di1l c'diii:, �ic ii.' Oi
_ My commission expires --LAY - T
Bonded Thru T,py FdinfLS;r+aeeu Inc.,
STATE OF Florida l
COUNTY OF Monore } SS.
I HEREBY CERTIFY, That on this 30 JJJ —day of_ March A. D. 19_a2_, before
Alonzo
me, the undersigned authority, personally appeared.___--_Cothron
and to me known to be the persons described in and who executed
the foregoing instrument as President and --
respectively, of—Alnn7.n Cnthrnn,Inc
a corporation, and who severally and duly acknowledged the execution of such instrument as such officers aforesaid, for
and on behalf of and as the act and deed of said corporation, for the uses and purposes therein expressed, pursuant to
authority lawfully conferred upon them by said corporation; and that the seal affixed thereto is the true and genuine
corporate seal of said corporation and was affixed thereunto by the said__ President
under like authority, he being the proper custodian thereof.
WITNESS my hand and official seal the date aforesaid.
Notary Public for—z-1.{-ri-dam___.
aM M yto:lda of L
My comet � — y am_
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