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Resolution 139-1982a RESOLUTION NO. 139_ i982 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. 2 IN MONROE COUNTY, FLORIDA WHEREAS, ALONZO COTHRON, INC. has been awarded the contract for the renovation and upgrading of Duck Key Bridge No. 2 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. 2 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. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By �- M airman iia (SEAL) Attes Wm a Clerk 0 h. COLLATERAL ASSIGNMENT OF MONEYS DUE AND TO BECOME DUE UNDER CONTRACT FOR VALUE RECEIVED, the undersigned Alonzo Cothron, Inc. of _ Rt .1 . Box55 _ I s lamorada , 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, F1 , for The Renovation and Upgrading of Duck Key Bridge No. 1 , Monroe County: Fl. and The Renovation and Upgrading of Duck Key Bridge No. 2, Monroe .o>_n�v_, F1. under its contractSwith assignor, dated March 22 19 82 , providing for payments to assignor aggregating as much as $ 3 3 4 , 4 0 2 . 0 0 , and being contract number N_ ,/ 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, any re4tiction or set-off for any indebtedness of assignor arising under: or independently of such contract, and coysnanta, •that no , other i assignment than this of the moneys hereby assigned has been made and that there are no Hen* upon awh. moneys or ' claimants other than assignor thereto; that there is no defense to assignor's claim to such moneys lmdgp said contract and liability for payment thereof is not in dispute; that the assignor has goof] 'and I lawful right tsar maise this ass(gn. ment and will defend the same against the claims of, all persons whomate voelr , `� 1 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. IN WITNESS WHEREO , assignor has executed this assignment &�Kyaxx 111 Florida, this S a or day Of a a 19� Signed, sealed, and delivered The undersigned hereby consents to the foregoing assignment and agrees to pay any and all benefits and sums .due under the contract referred to therein to ThejsLWORADA BANK This � o April (SEAL) For Monro unty (SEAL) A COPYING FORM No. CAl-14 ALDNIZ13,ACOTHRON INC1/1 . �l ��`'ttc ter--_ (811AL) Alonzo Co hron President I hereby consent to and join in thp.•forogoing assignment: AND N/A spouse _; (RZAL� r. F 1m STAVE OF — I Monroe } IS' '"COUNTY OF I HERESY CERTIFY, That on We 5 t h day of A P r 11 A. D. 19 8 2 , before me, the under- signed authority, personally appeared R a 113 h UT Wh 1 t; g & to me known to be the person_ described in and who executed the foregoing instrument, and duly acknowledged the execution to be free act and deed for the uses and purposes therein mentioned. WITNESS my hand and offical seal the date afore Notary Public for ,day .',tri=., 4rcii? of F:t:a—i �e My commission expires _+tRy�o+i++ +i • ' ' 8ondod Pau Troy Feia.)oiu:snco lq5, STATE OF Florida SS. COUNTY OF Monore I HEREBY CERTIFY, That on this 30 —day of_— March A. D. 19_02_, before Alonzo Cothron me, the undersigned authority, personally appeared-----.-- the foregoing instrument as respectively, of Al President to me known to be the persons described in and who executed 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 Bald corporation; and that the seal affixed thereto is the true and genuine President corporate seal of said corporation and was affixed thereunto by the said--- — --- under like authority, he being the proper custodian. thereof. WITNESS my hand and official seal the date aforesaid. Notary Public for_______Fz_o_r�___ pMW8"Nraeftd AVV My com o yapv 2L,�,