Backup Documents 02/10/2015 Item #16E3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16E ,
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office 2``O\\ej
4. BCC Office Board of County
Commissioners 5/
5. Minutes and Records Clerk of Court's Office 2A2-1(5 2 tl4-P!►1
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff � Phone Number
Contact/ Department / 1 C.L-c-''L-- CA-1 7 X :
Agenda Date Item was _ Agenda Item Number
Approved by the BCC /
Type of Document Number of Original
Attached "--e A ' . 'f"1 Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? Q 0\4.- IN/r25"
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency; Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed 1"7‘.--
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be lware of your deadlines!
8. The document was approved by the BCC on /Id (enter date)and all changes made
during the meeting have been incorporated in the attached document. The County _w yo: : y=-.
Attorney's Office has reviewed the changes,if applicable. RSA
9. Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made,and the document is ready for th y• �to�
Chairman's signature. VAT_
cry / ,, t�
I:Forms/Coun Fo C% C Forms n inal Do`cumen�s Rougp htwS Origina"19.03.04,Revised 1.27.05, vised 2.24.05;Revised 11/30/12
16E3
Martha S. Vergara
From: Martha S.Vergara
Sent: Thursday, February 12, 2015 4:27 PM
To: DowlingMichael (MichaelDowling@colliergov.net)
Subject: Interfaith Lease Agreement
Attachments: Michael Dowling.pdf
Attached for you as requested.
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
&Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara@collierclerk.com
1
16E 3
Martha S. Vergara
From: DowlingMichael <MichaelDowling@colliergov.net>
Sent: Thursday, February 12, 2015 4:18 PM
To: Martha S.Vergara
Subject: RE: Lease Agreement Question
I should have caught that, sorry...when one rushes O
Yes, yesterday's lease was with Interfaith Acton of SW Florida for space on a county-owned communications
tower located on Stockade Road, Immokalee.
Let me know if you need any additional information.
I just need an electronic copy of that as well.
Thank you Martha and nice to see you at class yesterday!
Michael
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Sent: Thursday, February 12, 2015 4:16 PM
To: DowlingMichael
Subject: RE: Lease Agreement Question
Yes Sir
From: DowlingMichael [mailto:MichaelDowling@colliergov.net]
Sent: Thursday, February 12, 2015 4:13 PM
To: Martha S. Vergara
Subject: RE: Lease Agreement Question
Was that a lease approved by the BCC on Tuesday?
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Sent: Thursday, February 12, 2015 4:07 PM
To: DowlingMichael
Subject: Lease Agreement Question
Importance: High
Hi Michael,
I was told to have you verify that this Agreement is with Interfaith Action of SW FL, Inc. and not Big Corkscrew
Island Fire Control & Rescue..
Your memo says BCIFC&R and the Agreement says Interfaith...
•
Martha Vergara, BMR Senior Clerk _16E 3
Minutes and Records Dept.
Clerk of the Circuit Court
&Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara(cr�,collierclerk.com
Please visit us on the web at www.colliercierk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s).It may not be used or disclosed except for the purpose
for which it has been sent.If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message.
Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County.If you have received this
communication in error,please notify the Clerk's Office by emailing helodeskCicollierclerk.com quoting the sender and delete the message and any attached documents.The Collier County
Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.
Instead,contact this office by telephone or in writing.
Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
2
.OI'LI�
• "' • Memorandum
l 1
T
I�,A`y�
To: Virginia Neet
Legal Assistant
Office of the Count Attorney
From: Michael Dowling Z✓�
Senior Property Mana_-ment Specialist
Real Property Management
Date: November 6, 2014
Subject: Agreement with Big Corkscrew Island Fire Control and Rescue
BCC Date: February 10, 2015
Item: 16 E 3
Hi Dinny!
Please find attached the original document regarding the referenced matter, which -
requires the Chairman's signature, along with the BCC pink routing slip.
If the Clerk to the Board's Office can just provide an electronic copy to me, that
would greatly be appreciated.
Please contact me at extension 8743 with any questions.
Thank you.
Attachments as stated
16 E 3
Lease: #IT-130
LEASE AGREEMENT
THIS LEASE AGREEMENT (`Lease') entered into this /d day of Fe bruar , 2015,
between INTERFAITH ACTION OF SOUTHWEST FLORIDA, INC., a not for profit Florida corporation,
whose mailing address is 110 South 2"d Street, Immokalee, Florida 34142, hereinafter referred to as "LESSEE",
and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is in care of
Real Property Management, 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, hereinafter referred to
as "LESSOR".
WITNESSETH
THE PARTIES AGREE AS FOLLOWS:
ARTICLE 1. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR one (1) location on the
County-owned communications tower located at 312 Stockade Road, Immokalee, Florida, at a maximum height
of One Hundred Twenty-five (125) feet above-ground, in order to install two (2) bay FM antenna with LDF 4-
1/2" coax and a parabolic dish not to exceed three feet in diameter along with Ethernet cable, and supporting
equipment to be installed within the LESSOR'S ground-level equipment shelter. All improvements shall be
approved by LESSOR applying the terms contained in Article 5 of this Lease, hereinafter referred to as
"Demised Premises." LESSEE shall be required to access the equipment shelter accompanied by LESSOR'S
agent.
LESSEE shall be permitted access,throughout the life of this Lease, along the"Access Road,"as shown
on the attached Exhibit 'A' in order to access the Demised Premises.
ARTICLE 2. Term of Lease
LESSEE shall have and hold the Demised Premises for a term of five (5)years commencing on the date
this Lease is executed by LESSOR, and shall automatically renew for two (2) separate terms of five (5) years
each, provided LESSEE is not then in default of any of the provisions of this Lease, under the same terms and
conditions, as provided herein, except as to the rental amount, as provided in Article 3 below.
Both LESSEE and LESSOR will be allowed to terminate this Lease by providing the other party with
thirty (30) day written notice. Said notice shall be effective upon actual receipt by LESSEE or LESSOR.
LESSEE shall be granted an additional sixty (60) days from the aforementioned thirty (30) day notice period, if
required, in order to secure and relocate to an alternate site for operations conducted at the Demised Premises.
In addition, LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises
or any part thereof to be used or occupied for any purpose that is not authorized by this Lease or is contrary to
law or rules or regulations of any public authority having jurisdiction over the Demised Premises.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of One
Thousand Dollars ($1,000.00) per annum to be paid in full within thirty (30) days from the execution of this
Lease by the LESSOR. The rental amount includes the charge for LESSEE'S electrical use, in which LESSOR
shall pay.
The rental amount for the renewal terms shall be $1,030 for years 6 through 10, and $1.061 for years 11
through 15.
16. E 3 .
ARTICLE 4. This section left blank intentionally.
ARTICLE 5. Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE
must provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the
Demised Premises for LESSOR'S written approval, specifying in writing, and in meaningful detail, the nature
and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and
completion time for such project. LESSOR or its designee will then have sixty (60) days within which to
approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not
unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions
proposed by LESSEE. If after sixty (60) days, there has been no response from LESSOR or its designee to said
proposals or plans,then such silence shall be deemed as a DENIAL to such request to LESSEE.
LESSEE covenants and agrees in connections with any maintenance, repair work,erection, construction,
improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised
Premises, to observe and comply with all then and future applicable laws, ordinance, rules, regulations, and
requirements of the United States of America, State of Florida, County of Collier, and any and all other
governmental agencies having subject matter jurisdiction.
All alterations, improvements and additions made to the Demised Premises shall be deemed the property
of LESSEE. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days
thereafter, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations
which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the
Demised Premises by such removal; and in default thereof, LESSOR may complete said removals and repairs at
LESSEE'S expense.
ARTICLE 6.Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right to enter into
and upon the Demised Premises or any part thereof at any time for the purpose of examining the Demised
Premises for the purposes of inspection for compliance with the provisions of this Lease. During times of
emergency repair or maintenance, LESSEE shall be granted immediate access by requesting LESSOR'S agent
of same.
ARTICLE 7. Assignment and Subletting
LESSEE shall not assign this Lease or attempt to sublet the whole or any part of the Demised Premises,
or permit any other persons to occupy same without the expressed prior written consent of LESSOR. Any such
assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for
payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms,
conditions and covenants of this Lease unless a novation is expressly agreed to by LESSOR. The acceptance of
rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a
consent to the assignment of this Lease or subletting of the Demised Premises. Any such attempt shall be null
and void.
ARTICLE 8. Indemnity
LESSEE shall indemnify, defend and hold harmless LESSOR, its agents and employees from and
against any and all liability (statutory or otherwise), damages, claims, suits, demands,judgments, costs, interest
and expenses (including, but no limited to, attorneys' fees and disbursements both at trial and appellate levels)
arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property
(including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing
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whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors) by or
on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or
resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease or
otherwise, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants,
licensees or invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more
thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend
such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory
to LESSOR.
The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft of any
property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR
harmless from any claims for damages, except where such damage or injury is the result of the gross negligence
or willful misconduct of the LESSOR or its employees.
ARTICLE 9. Insurance
LESSEE shall provide and maintain general liability and property liability insurance policy(ies),
approved by the Collier County Risk Management Department, for not less than Five Hundred Thousand
Dollars and No/Cents ($500,000.00) combined single limits during the term of this Agreement. In addition,
LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include
Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No/100 Cents ($100,000.00)
each accident.
Such insurance policy(ies) shall list and continuously maintain Collier County as an additional insured thereon.
Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3311 East
Tamiami Trail,Naples, Florida, 34112, for approval prior to the commencement of this Lease; and shall include
a provision requiring not less than ten (10) days prior written notice to Collier County do County Risk
Management Department in the event of cancellation or changes in policy(ies) coverage. LESSOR reserves the
right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE, whereupon
receipt of such notice LESSEE shall have thirty(30)days in which to obtain such additional insurance.
ARTICLE 10. Maintenance
LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said
Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If
corrective action is not taken within ten(10) days of the receipt of such notice, LESSOR may cause the same to
be cleaned and corrected and LESSEE shall assume and pay all such necessary cleaning costs and such costs
shall constitute additional rent which shall be paid by LESSEE within ten (10) days of receipt of written notice
of costs incurred by LESSOR.
LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its
employees, agents, independent contractors, guests, invitees, licensees, or patrons.
LESSEE, at its sole cost, shall remove from the Demised Premises in accordance with all applicable
rules, laws and regulations, all solid, liquid, semisolid, and gaseous trash and waste and refuse of any nature
whatsoever which accumulates or arises from LESSEE'S use of the Demised Premises. Such trash, waste and
refuse shall be stored in closed containers approved by the LESSOR.
3
C�.y
ARTICLE 11. Default by LESSEE 16 'E 3
Failure of LESSEE to commence remedy of default as soon as possible and to complete remedy of
default in thirty (30) days with any provision or covenant of this Lease shall constitute a default whereby
LESSOR may, at its option, terminate this Lease by giving LESSEE thirty(30) days written notice to vacate the
Demised Premises unless the default is fully cured within that thirty (30) day notice period (or such LESSOR
approved additional time as is reasonably required to correct such default). However, the occurrence of any of
the following events shall constitute a default by LESSEE, and this Lease may be immediately terminated by
LESSOR except to the extent then prohibited by law:
(a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation.
(b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR
pursuant to the terms of this Lease.
(c) Filing of insolvency,reorganization,plan or arrangement of bankruptcy.
(d) Adjudication as bankrupt.
(e) Making of a general assignment of the benefit of creditors.
(f) If LESSEE suffers this Lease to be taken under any writ of execution.
In the event of the occurrence of any of the foregoing defaults in this Article 11,LESSOR, in addition to
any other rights and remedies it may have, shall have the immediate right to re-enter and remove all persons and
property from the Demised Premises. Such property may be removed and stored in a public warehouse or
elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process
and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned
thereby.
The LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty (30) days notice
in writing if a lien is filed against the leasehold interest of the LESSEE, and is not removed within thirty (30)
days, pursuant to the Florida Mechanics Lien Law or otherwise.
If LESSEE fails to pay, when due, any rental payment, or any other sum payable to LESSOR under this
Lease, and if said sum remains unpaid for more than five (5) days past the due date, the LESSEE shall pay
LESSOR a late payment charge equal to five (5) percent of any payment not paid promptly when due. Any
amounts not paid promptly when due shall also accrue simple interest of one and one half(1'/2) percent per
month or the highest interest rate then allowed by Florida law, whichever is higher, which interest shall be paid
by LESSEE to LESSOR.
ARTICLE 12. Default by LESSOR
LESSOR shall in no event be charged with default in the performance of any of its obligations
hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or
such additional time as is reasonably required to correct such default) after written notice to LESSOR by
LESSEE properly and in meaningful detail specifying wherein LESSOR has failed to perform any such
obligations.
4
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ARTICLE 13.Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing
delivered to the other party at the following addresses, or changes thereto which have been notified to the other
party:
LESSOR: LESSEE:
Board of County Commissioners Interfaith Action of Southwest Florida, Inc.
do Real Property Management 110 South 2nd Street
3335 Tamiami Trail East, Suite 101 Immokalee,Florida 34142
Administration Building
Naples, Florida 34112 Attention: Director
Copy to: Radio Communications Manager
ARTICLE 14. Surrender of Premises
Unless LESSOR agrees otherwise in writing, LESSEE shall remove any improvements installed by
LESSEE or authorized by LESSEE prior to the expiration of this Lease and shall deliver up and surrender to
LESSOR possession of the Demised Premises and any improvements not removed upon expiration of this
Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same
shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during
the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control
excepted.
ARTICLE 15. General Provisions
LESSEE fully understands that the police and law enforcement security protection provided by law
enforcement agencies for the above-referenced Demised Premises is limited to that provided to any other
business or agency situated in Collier County, and acknowledges that any special security measures deemed
necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE
and shall involve no cost or expense to LESSOR.
LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised
Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard
operations where other operations share common facilities or otherwise.
(a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR.
(b) LESSEE agrees to pay all tax imposed on the leasehold interest or otherwise related to the rental of the
Demised Premises to the extent applicable under law.
(c) LESSEE agrees to pay all intangible personal property taxes and other taxes, if any, that may be
imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S
possession of said leasehold interest in the Demised Premises.
ARTICLE 16. Environmental Concerns
LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR,
from and against all costs (including attorneys fees) asserted against, imposed on or incurred by LESSOR
directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law
relating to pollution or harm to the environment.
5
1 6 E 3
ARTICLE 17. Interference
LESSEE covenants and agrees that LESSEE'S communication equipment, its installations, operation
and maintenance will:
A. Not irreparably damage the LESSOR'S radio transmission tower structure and accessories thereto.
B. Not interfere with the operation of LESSOR or LESSOR'S tenants' or future tenants' radio equipment on
this tower and/or surrounding towers. In the event there is interference by LESSEE, LESSEE will
promptly take all steps necessary to correct and eliminate same within a reasonable period of time. If
LESSEE is unable to eliminate such interference caused by it within a reasonable period of time,LESSEE
agrees to remove all items causing the interference from LESSOR'S property and this Lease shall
terminate as to all removed items.
C. Not interfere with the maintenance of LESSOR'S tower and tower lighting system.
D. Comply with all applicable rules and regulations of the Federal Communications Commission and
electrical codes of the City and/or State concerned.
ARTICLE 18. Radon Gas
In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the
following:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient
quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed
federal and state guidelines have been found in buildings in Florida. Additional information regarding radon
and radon testing may be obtained from your county public health unit.
ARTICLE 19. Extent of Liens
All persons to whom these presents may come are put upon notice that no interest of the LESSOR in the
Demised Premises shall not be subject to liens for improvements made by or through the LESSEE, also for
improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the
interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the
provisions of and in compliance with Section 713.10,Florida Statutes.
ARTICLE 20. Effective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 21. Governing Law
This Lease shall be governed by and construed in accordance with the laws of the State of Florida.
6
16E :
IN WITNESS WHEREOF,the parties hereto have hereunder set forth their hands and seals.
AS TO LESSEE: _ INTERFAITH ACTION OF SOUTHWEST FLORIDA, INC.,
_
DATED: ;2 - ' /3 a not for profit Florida corporation
r'� _� Co s _ C o-coot 1inafO(
/k L� 1 '� BY:
WITNESS (sit ure
,arc /-/. ' d /,
(print name)
y_ ,-J
24(.. /
WITNESS (signature)
ATM/ A/CA t\r tiUr
(print name)
AS TO THE LESSOR:
DATED: 1 /0, ,,---
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,Clerk COLLIER COUNTY,FLORIDA
Bl . u U� J` AsBY0 �I '- TIM NANCE, Chairman
5 est as to Chairman iii
signature only.
Approved as to form and legality:
Jenni A. Belpedio, sistant County Attorney ." P
16L3
Exhibit ‘A,
Stockade RoadImmokalee, Florida1
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