Agenda 01/12/2016 Item #11C 1/12/2016 11.0.
EXECUTIVE SUMMARY
Recommendation to approve a contract between Paradise Reef, LLC and Collier County for
the production and distribution of a 56 minute documentary film, a three minute film, and
two 30-second film spots; approve the necessary budget amendment in an amount not to
exceed $527,614; and make a finding that this item promotes tourism.
OBJECTIVE: To approve production and distribution of a 56-minute documentary film, a three-
minute short film, and two 30-second film spots about Collier County's new artificial reef system,
pristine aquatic and coastal experiences and tourist amenities.
CONSIDERATIONS: On December 9, 2015, the BCC approved the waiver of the County's
Procurement Ordinance 2013-69 (as amended) to fully fund the production of a documentary film
on the development of the new Artificial Reef Project. The construction of these 36 artificial reefs
in the Gulf of Mexico was part of a coordinated project among the cities of Naples, Marco Island,
and Collier County by agreeing to apply for BP Promotional funding together.
WGCU, the local Public Broadcasting Service (PBS) affiliate per the attached letter, will offer the
documentary as the PBS presenting station to American Public Television. WGCU will also
provide production and airing of promos for radio and television, promotion via social media, and
content distribution to a companion website; as well as an offer for national distribution.
The original contract was prepared by the County Attorney. Staff added suggested edits to conform
to payment policies in place for tourism service contracts. The contract was then reviewed by
Paradise Reef LLC and the Clerk of Courts Office. Edits were offered back to the County
Attorney. The attached contract is the result of that editing process.
Staff has a continuing concern that the contract limits Collier County's ability to have input into
the content of the final 56-minute documentary before distribution and the ability to require peer
review of the content of the documentary prior to distribution. Finally, with respect to the
documentary, staff feels obligated to point out that there is no guarantee that the documentary will
ever being aired outside the southwest Florida regional media market. The more limited the
distribution, the less the potential visitor impact will be to Collier County.
FISCAL IMPACT: The fiscal impact of this request is $527,614.00. Within TDC Promotion
Fund (184), $509,300 is available from reserves with the balance, $18,314, sourced from the
existing promotion operating budget. A budget amendment is required.
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council
recommended approval of this item 8-1 at its November 23, 2015 meeting.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: Recommendation to approve a contract between Paradise Reef, LLC
and Collier County for the production and distribution of a 56 minute documentary film, a three
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1/12/2016 11.C.
minute film, and two 30-second film spots; approve the necessary budget amendment in an amount
not to exceed $527,614.00; and make a finding that this item promotes tourism.
PREPARED BY: Jack Wert, Tourism Director
ATTACHMENTS:
• # 1 Contract with Paradise Reef LLC
• # 2 Documentary proposed budget
• # 3 WGCU revised support letter
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.C.
Item Summary: Recommendation to approve a contract between Paradise Reef, LLC and
Collier County for the production and distribution of a 56 minute documentary film, a three
minute film, and two 30-second film spots; approve the necessary budget amendment in an
amount not to exceed $527,614; and make a finding that this item promotes tourism. (Jack
Wert,Tourism Division Director)
Meeting Date: 1/12/2016
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
1/5/2016 3:46:36 PM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
1/5/2016 3:46:37 PM
Approved By
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 1/5/2016 3:57:22 PM
Name: WertJack
Title: Division Director-Tourism,Tourism Division
Date: 1/6/2016 4:59:40 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/6/2016 4:59:46 PM
Name: OchsLeo
Title: County Manager, County Managers Office
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1/12/2016 11.C.
Date: 1/6/2016 5:30:23 PM
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PARADISE R - TES WORLD IS WATCH=
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lEARADISH REEF LTC,
i i DATE: WV 16, 2015
-:
NPLES,FL
PRODUCER:LANCE JtLIAN, HARRY JI(LIAN, JOHN SCCKHAR
hameoureinme•bv
1
DIRthIOR: MEN SCOULARf
;
(„bad@Dureimage.tv
Lila PRODUCER/UEM!: MADELINE SCOULARi
18.231.6233
■ PREP: GI
DOCUMENTARY
SHOOT: 6 WEEKS
FORMAT: CANON C-306, RED MULTI CAMERA SCOOT
POST: 16 WEEKS:
! t
Rtequa 6/L3/2013...)
.- -.2.-,...:--.,---,.. :.-5,-: :444--...7.'.4. ...--.-.,..--'..-- 74'... ---...7r---,1:.•?,...--, ...-..:--474.---.......74Az...,= tz-, 17 . -.-.. .,..,;=_-_,,--y '4.--r-4.-.47:. 4 ."...7:;
ACC* li0 ■ Category Description
i Page Total
ACQUSITION FEE
. 1 o f
,...... ...._. . ............ .
-, . .,.. . .
:
32oo t EXEC PRODUCER
1 30,000
i1300 DIRECTOR 6 MAT
2 30,000•
:1400
;CELEBR/TY VO
i_ 3 0'•;
!-,-.--.-...,:..--....,r..--.......-,;._:-.-..:.--4......-=--_,4,-;.-,.;.-.:4:.7.-.^...1•7;-:=72■7.--77.47,--7.,..r...-.-77,44,":"...:,:t.."7.7.7-,1777:7,-:_.. ,..41::_...-7--..:_:.-,..7..z_-.,,,,..-_-=.77,_7-,..,-74,-_,.,r...7,-. .=--7,..•=r-.7,..,,..7.7,..44.L..-Z77,
■ ...TOTAL ABOVE-THE-LX NN i 60,000
....,n,....-4=.-.-.-.. ---7.. ,;=.-.:.,,,.-•-%:,..c.,...7_•:;,==!::1'.7.•-:;`...::.t..--.Z..'..::-.7".."' •:7:'•=4:---'..:..."17.;:f.:-:-.-1.7--7.=, 17"^-:
12000 ;PRODUCTION STAFF
i 5 64,980,.
2200 ,,SET DESIGN
7 0;
i 2400 -,f SET CONSTRUCTION
8 0 I
2400 iSp OPERATIONS
9.— -
2500 '.SPECIAL EFFECTS
11 0 i
. - .
.2600 .SET DRESSING -
3.1 o i
2700 'PROPERTY
: 13
; — ----_,
2800 ',WARDROBE ;
13 3,400!
.
.2900 i-MAKEUP & HAIR i 14 01-
.3000 4fLECTRICAL ` 15 18,332:
. 00 31 . ;CAL4ERA . 17 74,5531
. ,
I
.3200 !PRODUCTION SOUND
19 14,100;
3300 TRANSPORTATION 20 55,500;
3400 ;LOCATION EXPENSES
23 7,600 1-
!3500 4.1Im AND LAB
25 4,232
- ..
- - -
.
3600 'UNDERWATER UNIT
26 • 30,000
....
.
3700 TRAVEL AND LIVING
26 1,902.,
.. ---. ....;:-. --•:.. ---v,. __ ,...,,,,.,.--,.,_ :.-,-----,.:--7,;.--;-,-----7-.-----:=,7.77.;.'4"3-77-M1=.7-.-77.-7---.-......7",-..-`t.-.7.".•--7:-._71-77.^...4:::4;.-=!....:7.4=7.:.':-:7.-=,...- ...=,5%.4==:".,:-
TOTAL PRODUCTION PERIOD - _7,7.4:1.4-7:-.-4,:,.•:4"--.-7.,7,7,"7
291,549
i 5000 I ETCH EDITILC
28 76,615
,
_.
5100 ',MUSIC
28 i 22,950;
5200 1POST PROD. SOUND 29 ; 15,00o
-5300 :POST PROD/MEDIA & LAB
29 5,000
!,5400 'OPTIcAL EFFECTS
29•• -
- _
/
5500 ',TITLES ; 29 i 01
POST PRODUCTION -
UCTION
.-.7....-.4...::::=4,..:„ .-.-=4.......,,,....,-7... .z-._"......,..,...- --.....-..:-:-.-=,-...:-...-.-..,-.:=-......r=^.-^,4,----r.,-,::=7.,.:777". 4--..-7177.--..-
119,565:
,
.
-
6500 PUBLICITY 30 i 40,000
,6700 -- ''INSURANCE , 30 .).-- 9 000
I
- • ,
;6800 GENERAL EXPENSE
30 7,500
TOTAL GENERAL CHARGES • . 56,500!
,COMPLETION BOND
; 0
I 1 cobriniGENcr
! o;
, ;Tata/Above-The-Line
60,000
- 1Total Belcw-ate-Line
467 r 614
- fttal Above and Belowlhe-Line
527,614
, +Gtarscl Tota.1
•
.• 527,614
aepsed by flacbli.m So:II:Aar 11/16/2015
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W /4167CU
PUBLIC MEDIA
December 4, 2015
Dear Capt.Harry Julian:
After further consideration of how WGCU can best support
airing/distribution of THE WORLD IS WATCHING:Artificial Reef of Collier
County(w.t.),I am writing to express our interest in promoting,airing and offering
Paradise ReefLLCs documentary for statewide distribution, subject to our review.
Based on our strong working relationships with the Florida stations,we are
willing to serve as direct distributor for a coordinated statewide premiere.The
documentary can include a 30-sec spot at the beginning of the documentary that
acknowledges Collier County TDC as the fonder as well as a written
acknowledgement in the rolling credits at the close of the documentary. The 30-
second spot can feature visuals and information describing the purpose of the TDC,
but cannot include a call to action.
For the$20,000 fee as distributing station(please see attached budget),
WGCU would work with the production team at Paradise Reef LLCto ensure that
this"public media cut" of the documentary would meet the rigorous PBS editorial
standards of integrity to maximize its clearance.By taking this route of statewide
distribution,rather than nationwide through American Public Television,Paradise
ReefLLCwould not be Iimited by the 2-year restriction of distribution of the
documentary to other markets,including commercial and international, and could
instead immediately market the documentary for actual distribution within six months
from the Florida premiere.
We look forward to your success in producing THE WORLD IS
WATCHING:Artificial Reef of Collier County(w.t.).
Sincerely,
Barbara Linstrom
Executive Producer/Digital Media Director
(239)590-2316/blinstro@wgcu.org
QPBS ' n p r
10501 FGCU Blvd.South•Fort Myers,FL 33965-6565.239.590.2300.888.824.0030 toll free•wgcu.org
A Member-Supported Service of Florida Gulf Coast University
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T' 40 THE 0#10"01 CHIN G Artrfi Rip of of {
rt i,a r N Ai. ¢ 3 -3 r s � +f� j'r :t t {,= 3'ct
Collier County f, '' tir WGCU h
Captioning $200
Offer to Florida Stations/Dubs/Correspondence $1,000
Promo Production Radio $1,000
Promo Production TV $1,000
TV Promo Airing—Media Time VaiJe $5,000
Radio Promo Airing— Media Time Value $4,000
Social Media $1,000
Promotion of Community Screening $800
Press Kits $3,000
Local Media Trade Advertising $3,000
Total $20,000
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AGREEMENT BETWEEN
COLLIER COUNTY AND PARADISE REEF,LLC
THIS AGREEMENT is made and entered into this 12th day of January, 2016, by and
between Collier County, a political subdivision of the State of Florida, ("County") and Paradise
Reef, LLC, a Florida limited liability company(hereinafter referred to as "Paradise Reef").
RECITALS:
WHEREAS, the County has adopted a Tourist Development Plan (hereinafter referred to
as"Plan")funded by proceeds from the Tourist Development Tax; and
WHEREAS, the Collier County Tourism Ordinance provides that certain of the revenues
generated by the Tourist Development Tax are to be allocated to promote and advertise tourism
within the State of Florida,nationally and internationally which encourages tourism;and
WHEREAS, Paradise Reef has applied to the Collier County Tourist Development
Council ("TDC") for Category B funding to be used for, among other things,the production and
distribution of a documentary about Collier County's artificial reefs, together with a short film
and two film ads; and
WHEREAS, with the recommendation of the TDC, the Collier County Board of County
Commissioners has reviewed and approved the proposal of Paradise Reef, and specifically finds
that the project promotes tourism.
WITNESSETH:
NOW, THEREFORE, in consideration of the promises and covenants contained herein,
and other good and valuable consideration exchanged amongst the parties, the parties agree as
follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. Paradise Reef agrees to:
A. Produce,market, and secure distribution for the fifty-six (56) minute documentary
about Collier County's artificial reefs ("Documentary").
B. Produce a three (3) minute promotional film about Collier County's artificial reef
project ("Promotional Film"), subject to Collier County's right to review and approve the
promotional film in accordance with paragraph 3.B.1 below.
C. Produce two (2) thirty (30) second films (collectively referred to herein as the
"Thirty Second Films"), using film footage already captured to date or in the future for the
Documentary, to be used for the County's marketing purposes, subject to the County's right to
review and approve the films in accordance with paragraph 3.B.3 below.
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D. For the next five (5) years from the date of this Agreement, provide the County,
on request, with additional promotional films, to be billed at two hundred and twenty dollars
($220) per hour for post-production, from the film footage shot in the making of the
Documentary. It is expected that a fifteen (15) second spot will typically require forty (40) hours
post production, with a thirty (30) second spot requiring approximately fifty-six (56)hours, and a
ninety (90) second spot requiring approximately eighty (80) hours. The County shall have
unlimited rights to reproduce these promotional films following full payment.
E. Paradise Reef hereby grants an unlimited, non-exclusive license to the County to
use the Thirty Second Films and the Promotional Film in perpetuity, and at no additional cost,
for use in the County's destination marketing efforts to commence once these films are
completed.
F. Paradise Reef hereby grants a limited, non-exclusive license to the County to use
the finished Documentary, beginning six months and one day after the Florida premiere of the
Documentary by WGCU Public Media ("WGCU"), in perpetuity, and at no additional cost, for
use in the County's destination marketing efforts. Any and all use of the Documentary by the
County, its employees, subcontractors, agents, successors or assigns must be pre-approved by
Paradise Reef in writing, which approval shall not be unreasonably withheld. The County, its
employees, subcontractors, agents, successors or assigns shall not be permitted to alter or edit the
Documentary without the prior written consent of Paradise Reef. Approval is hereby granted in
perpetuity for the County to exhibit the Documentary to the public in its museums, at its
libraries, and to broadcast the Documentary on County government television("Collier TV").
G. Provide a written acknowledgement of funding by the County in the Documentary
to the extent it meets WGCU guidelines as the presenting station. Any acknowledgments of
funding or support must meet all requirements and guidelines of the Public Broadcasting Service
and WGCU.
3. PAYMENT TERMS:Payments shall be as follows:
A. The amount to be paid under this Agreement for the rights and benefits granted
herein for the Documentary, the Thirty Second Films, and the Promotional Film shall be Five
Hundred Twenty Seven Thousand Six Hundred Fourteen Dollars ($527,614.00) ("Full Contract
Payment"). Included in this amount is payment by Paradise Reef for all direct distributor fees,
including any fees to WGCU Public Media, or any other distribution channel.
B. The payment schedule shall be as follows:
1. Twenty-five percent (25%) of the Full Contract Payment within thirty (30) days from
execution of this Agreement, with proof of footage and County review and approval of the
Promotional Film. Any proposed changes to the Promotional Film must be made in writing and
delivered to Paradise Reef within fifteen (15) days of delivery to the County of the Promotional
Film ("Change Request"). If a Change Request is not received by Paradise Reef within the
indicated time frame, the Promotional Film shall be deemed accepted and approved by the
County. Within thirty (30) days after receipt of a proposed Change Request, Paradise Reef will
provide the County the revised Promotional Film. Within fifteen (15) days after receipt of the
revised Promotional Film from Paradise Reef, the County will deliver to Paradise Reef written
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acceptance and approval of the revised Promotional Film or a second proposed Change Request.
If a Second Change Request is not received by Paradise Reef within the indicated time frame,the
revised Promotional Film shall be deemed accepted and approved by the County. Within thirty
(30) days of receipt of a Second Change Request, Paradise Reef shall deliver to the County the
final revised Promotional Film.
2. Twenty-five percent (25%) of the Full Contract Payment within thirty (30) days of
completion of principal underwater photography, with proof of footage. Approximate date for
completion: January 15, 2016, subject to weather.
3. Twenty-five percent(25%) of the Full Contract Payment within thirty (30) days of the
County's review and approval of the two Thirty Second Films. Approximate date for
completion: February 15, 2016, subject to weather. Any proposed changes to the Thirty Second
Films must be made in writing and delivered to Paradise Reef within fifteen(15) days of delivery
to the County of the Thirty Second Films ("Change Request"). If a Change Request is not
received by Paradise Reef within the indicated time frame, the Thirty Second Films shall be
deemed accepted and approved by the County. Within thirty (30) days after receipt of a
proposed Change Request, Paradise Reef will provide the County the revised Thirty Second
Films. Within fifteen (15) days after receipt of the revised Thirty Second Films from Paradise
Reef, the County will deliver to Paradise Reef written acceptance and approval of the revised
Thirty Second Films or a second proposed Change Request. If a Second Change Request is not
received by Paradise Reef within the indicated time frame, the revised Thirty Second Films shall
be deemed accepted and approved by the County. Within thirty (30) days of receipt of a Second
Change Request, Paradise Reef shall deliver to the County the final revised Thirty Second Films.
4. Twenty-five percent (25%) of the Full Contract Payment within thirty (30) days of
providing the Documentary to WGCU. Approximate date for completion: May 1, 2016, subject
to weather.
C. The County shall determine that the invoice payments are authorized and that the
goods or services covered by such invoice[s] have been provided or performed in accordance
with such authorization.
LEGAL MATTERS
4. OWNERSHIP: Paradise Reef is the owner of all right, title and interest in the
Documentary, the Promotional Film, and the Thirty Second Films, including, but not limited to,
all copyright worldwide and nothing in this Agreement shall abrogate, alter or reduce such rights.
Paradise Reef shall have the right to use the Documentary, the Promotional Film, and the Thirty
Second Films in any manner, in any medium, now known or hereinafter created, and in any way
desired by Paradise Reef without restriction. The County shall have no ownership rights in the
Documentary, the Promotional Film, and the Thirty Second Films and shall have no right to any
compensation for the use of same.
5. INDEMNIFICATION: Paradise Reef shall indemnify and hold harmless Collier
County, its agents, officers and employees from any and all liabilities, damages, losses and costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of Paradise Reef with respect
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to anyone employed or utilized by Paradise Reef in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described in this
paragraph.
6. NOTICES: All notices from the County to Paradise Reef shall be in writing and
deemed duly served if mailed by registered or certified mail to Paradise Reef at the following
address:
Harry Julian
1100 Fifth Avenue South
Naples, Florida 34102
All notices from Paradise Reef to the County shall be in writing and deemed duly
served if mailed by registered or certified mail to the County to:
Jack Wert, Tourism Director
Collier County Tourism Department
2660 N. Horseshoe Drive Suite 105
Naples, Florida 34104
Paradise Reef and the County may change the above mailing address at any time upon
giving the other party written notification pursuant to this Section.
7. NO PARTNERSHIP: Paradise Reef is an independent contractor. Nothing herein
contained shall be construed as creating a partnership between the County and Paradise Reef, its
vendors or subcontractors, or to constitute Paradise Reef, or its vendors or subcontractors, as an
agent or employee of the County.
8. COOPERATION: Each party shall fully cooperate with the other in all matters
pertaining to this Agreement and shall provide all information and documentation as requested
from time to time.
9. TERMINATION: Either party may cancel this Agreement with or without cause by
giving thirty (30) days advance written notice of such termination specifying the effective date of
termination. Except as provided in paragraph 14 below, if the County terminates this
Agreement, County will pay Paradise Reef for all expenditures or contractual obligations
incurred. by Paradise Reef, with subcontractors and vendors, up to the effective date of the
termination so long as such expenses are eligible.
10. GENERAL ACCOUNTING: With respect to all matters covered in this Agreement,
Paradise Reef shall maintain complete and accurate accounting records.
11. AVAILABILITY OF FUNDS: This agreement is subject to the availability of
Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund
all or part of this Agreement, the County may upon written notice, at any time during the term of
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this Agreement, and at its sole discretion, reduce or eliminate funding under this Agreement.
Provided, however, if the County terminates this Agreement as a result of insufficient Tourist
Development Tax revenues, payment to Paradise Reef shall be made as set forth in paragraph 10
above.
12. AVAILABILITY OF RECORDS: Paradise Reef shall maintain records, books,
documents, papers and financial information pertaining to work performed under this Agreement
for a period of three (3) years, in compliance with Chapter 119, the Florida Public Records Law.
Paradise Reef agrees that the County, or any of its duly authorized representatives, shall,until the
expiration of three (3) years after final payment under this Agreement, have access to, and the
right to examine and photocopy any pertinent books, documents, papers, and records of Paradise
Reef involving any transactions related to this Agreement, except for any materials subject to
attoreney-client priviledge..
13. PROHIBITION OF ASSIGNMENT: This Agreement is personal to Paradise Reef.
Paradise Reef shall not assign, convey, or transfer in whole or in part its interest in this
Agreement without the prior written consent of the County, which consent may be withheld in
the County's sole discretion.
14. TERM: This Agreement shall become effective on approval by the Board of
Commissioners, and except as set forth in paragraph 10 above, shall terminate on completion of
all obligations set forth herein. Time is not of the essence in this Agreement, however, if the
Documentary is not provided to PBS by May 1, 2017, County may terminate this Agreement on
written notice and Paradise Reef shall within 30 days of such written notice refund County all
moneys previously paid with respect to the Documentary.
15. AMENDMENTS: This Agreement may only be amended by mutual written
agreement of the parties, after review by the Collier County Tourist Development Council if
warranted.
16. VENUE AND GOVERNING LAW: This Agreement shall be governed by and
construed under the laws of the State of Florida. The parties shall attempt in good faith to
resolve any dispute concerning this Agreement through negotiation between authorized
representatives. If these efforts are not successful, and there remains a dispute under this
Agreement, the parties shall first engage in voluntary mediation, with each side sharing all costs.
Following the conclusion of this procedure, either party may then file an action in the Circuit
Court of Collier County, which shall be the exclusive venue with respect to any disputes arising
out of this Agreement. In the event of litigation,each side shall bear its own attorneys fees.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF, Paradise Reef and the County have respectively, by an
authorized person or agent,hereunder set their hands and seals on the date and year first above
written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA
By: By:
Deputy Clerk , Chairman
PARADISE REEF,LLC
By: Harry J dianager
Approved as to form and legality: •
Jeffrey A.Klatzkow,County Attorney
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