Agenda 09/08/2015 Item #16D 19/8/2015 16.D.1.
EXECUTIVE SUMMARY
Recommendation to approve a Lease Agreement with the Collier County District School Board to
establish an alternate location for a public playground and create an additional soccer field in
Immokalee.
OBJECTIVE: To provide additional recreational services for the citizens of Immokalee.
CONSIDERATIONS: The Parks and Recreation Division has established a number of interlocal and
lease agreements that allow for shared use of school recreational facilities. This arrangement allows for
maximum use of public assets both for the mission of the District School Board and the general public in
recreational use. In general, these agreements have allowed for the Parks and Recreation Division with
authorization by the Board of County Commissioners to provide recreational amenities on District School
Board properties also in exchange for providing maintenance of the facilities.
One such arrangement exists at Pinecrest Elementary School in Immokalee. Since 1994, the Board has
had an agreement with the District School Board for use of an open green space that has been used for
"Dreamland" playground. Funds are available to purchase new playground equipment at this facility;
however, staff recommends that the playground be relocated to an alternate location at the site under
existing shade trees to better protect the children who use the facility from the sun. In addition, the plan is
to use an area next to the existing playground to allow for pick up soccer games for the neighborhood's
use.
A recent community meeting held by Commissioner Tim Nance and School Board member Roy Terry
identified these actions as ones that could assist with the need for more open green space and play areas
for the public to use in Immokalee.
Attached is a site plan that shows this arrangement as well as a Lease Agreement that was approved by
the Collier County District School Board on August 11, 2015.
Under the terms of the Agreement, the County is responsible for providing bathrooms to the County
users of the Leased Premises and also for installing a fence with a gate along the northern
boundary of the Leased Premises as shown the Site Plan in Exhibit "B ".
FISCAL IMPACT: Funds in the amount of $60,000 have been budgeted in FYI for the installation of
the new playground (Project 80270. Maintenance of the property identified in the revised Lease
Agreement has been budgeted for FY 16 within the maintenance cost center (156332).
GROWTH MANAGEMENT IMPACT: The area identified in the Lease Agreement is characterized
as Community Park acreage as maintained in the current AUIR.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval. — CMG
RECOMMENDATION(s): That the Board of County Commissioners approves the Lease Agreement
with the Collier County District School Board for public use of recreational facilities and open green
space at Pinecrest Elementary.
Prepared by: Barry Williams, Director, Parks and Recreation Division
Attachments: Dreamland Interlocal Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16. D. 16. D. 1.
Item Summary: Recommendation to approve a Lease Agreement with the Collier County
District School Board to establish an alternate location for a public playground and create an
additional soccer field in Immokalee.
Meeting Date: 9/8/2015
Prepared By
Name: BetancurNatali
Title: Operations Analyst, Public Services Department
7/24/2015 10:04:23 AM
Submitted by
Title: Division Director - Parks & Recreation, Public Services Department
Name: WilliamsBarry
7/24/2015 10:04:24 AM
Approved By
Name: MottToni
Title: Manager - Property Acquisition & Const M, Administrative Services Department
Date: 7/28/2015 ] :31:49 PM
Name: Washbum lonka
Title: Manager - Park Operations, Public Services Department
Date: 8/6/2015 11:38:04 AM
Name: BetancurNatali
Title: Operations Analyst, Public Services Department
Date: 8/17/2015 8:12:28 AM
Name: McPhersonJeanine
Title: Assistant Division Director - P & Rec, Public Services Department
Date: 8/17/2015 11:22:21 AM
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Name: TownsendAmanda
Title: Division Director - Operations Support, Public Services Department
Date: 8/17/2015 12:27:30 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 8/18/2015 10:52:29 AM
Name: MottToni
Title: Manager - Property Acquisition & Const M, Administrative Services Department
Date: 8/21/2015 8:11:49 AM
Name: CarnellSteve
Title: Department Head - Public Services, Public Services Department
Date: 8/21/2015 8:14:59 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 8/21/2015 9:06:42 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/21/2015 11:41:33 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 8/21/2015 2:27:32 PM
Naive: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 8/26/2015 6:38:40 PM
Name: Casa] anguidaNick
Title: Deputy County Manager, County Managers Office
Date: 8/27/2015 8:47:27 AM
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LEASE AGREEMENT
(Pinecrest Elementary — Dreamland Park)
This Lease Agreement ( "Agreement "), entered into this day of , 2015, by
and between Collier County, a political subdivision of the State of Florida, ( "County ") and the
District School Board of Collier County, Florida (the "District "), together the "Parties
WITNESSETH
WHEREAS, the Parties previously entered into that certain Interlocal Agreement
Concerning Pinecrest Elementary School Public Park Facility for the installation of playground
equipment and facilities on the campus of Pinecrest Elementary School (the "School ") to create a
public recreational area, conunonly known as Dreamland Park, attached hereto as Exhibit "A" (the
"Original Agreement ");
WHEREAS, the County has removed the playground equipment and facilities that ,vere
initially installed on the School campus in accordance with the Original Agreement because that
playground equipment and facilities were in poor condition after years of use by the general public;
and
WHEREAS, the County now desires to install new playground equipment on the School
Campus to restore Dreamland Park and also expand the area of its leasehold to accommodate the
installation of a soccer field in accordance with site plan set forth and attached hereto as Exhibit "B"
(the "Site Plan "); and
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WHEREAS, the Parties desire to enter into this Agreement for the purpose of restoring
Dreamland Park and also improving and expanding the recreational facilities within the Immokalee
Community.
NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged, the Parties hereby agree and contract as follows:
SECTION I — RECITALS & TERMINATION OF ORIGINAL AGREEMENT.
1.01 The above recitals are true and correct and are incorporated herein by reference. The Parties
acknowledge and agree that the Original Agreement is terminated in its entirety and null and
void and that the terms of this Agreement shall govern.
SECTION II - LEASED PREMISES & TERM.
2.01 The District shall lease to the County certain real property owned by the District and located
on the School site, as depicted and more particularly described on Exhibit "C" (the "Leased
Premises "). The District agrees to lease to the County and the County agrees to lease from
District the Leased Premises for a term of twenty (20) years from the date of execution of
this Agreement by the District. The Parties recognize that they are providing needed public
park facilities under the terms of this Agreement and that they may desire to extend or
renegotiate this lease at its expiration, provided that the District does not need the Leased
Premises for District purposes, operations, uses and /or programs.
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SECTION III - CONSIDERATION.
3.01 The District shall not charge an), fees to Comity for the use of the Leased Premises except
for the cost of electricity arising from the County's use in the event that field lights and /or
irrigation pumps or wells are installed (and separately metered) by the County to serve the
Leased Premises.
SECTION IV — REPAIRS & MAINTENANCE
4.01 The County shall be responsible for all repairs and maintenance of all improvements and
.facilities located or installed by the County within the Leased Premises, including but not
limited to, playground equipment, field /turf improvements, soccer goals, fencing, irrigation
systems (well, pump and sprinklers), parking areas and /or field lighting serving the Leased
Premises. Maintenance of the Leased Premises shall include, but not be limited to, mowing,
fertilizing, irrigating and turf repair and such maintenance shall be scheduled in coordination
with the School Principal or designee. The County shall maintain the Leased Premises in a
clean and orderly manner that is free from trash and other debris after its uses. All repair
and maintenance shall be in accordance with County Park standards and /or District, County,
State and Federal legally required standards as appropriate and applicable.
4.02 The County shall have the right to replace or remove improvements and facilities from the
Leased Premises provided that the District (or the Superintendent) approves the replacement
or removal in writing and receives at least ninety (90) days notice of such a change. The
County agrees to reasonably restore the Leased Premises in the event of any such
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replacement or removal facility modification. The District's approval (or the
Superintendent) shall not be unreasonably withheld with respect to any requests made by the
County to make such facility modifications to the Leased Premises that do not conflict with
School operations or the District plans for future development of the School site.
SECTION V — USE OF LEASED PREMISES.
5.01 The District shall have priority use of all fields, facilities and improvements on Leased
Premises during regular school hours and also District after school programs or events
provided that such after school programs or events are scheduled in writing at least thirty
(30) days in advance with the Collier County Parks and Recreation Director or designee.
The County shall have the right to use the fields, facilities and improvements on the Leased
Premises after regular school hours, and other scheduled after school programs and events,
Monday through Friday until 10:00 pan. and also on weekends, Saturday and Sunday and
also days when school is not in session (e.g. holidays and summer vacation) from the hours
of 6:00 a.m. until 10:00 p.m. Use is restricted to recreational activities as scheduled by the
County which may include youth sports activities. The County is responsible for providing
any and all sports equipment and any other equipment or facilities required by after -hour
users. The County is responsible for locking /unlocking gates at times when School staff or
custodians are not scheduled for duty. The District shall have sole discretion over the
control, operation and location of all fences and gates located on the Leased Premises. The
County shall be given access tlu•ough all gates necessary to use and maintain the Leased
Premises in accordance with the terms of the Agreement. The County hereby expressly
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acknowledges and agrees that the County (and/or its users of the Leased Premises) shall not
be allowed to use the School bathroom facilities, packing areas or any other School facilities,
equipment or improvements located outside of the Lease Premises area. The County also
agrees to reimburse the District for the costs of repairing and restoring any damaged School
property, facilities, equipment or other improvements that is reasonably proven as resulting
from County users of the Leased Premises trespassing into other areas of the School campus
and causing such damage or vandalism.
SECTION VI — SUPERVISION.
6.01 The County and the District shall each provide adequate personnel to supervise (and clean-
up after) the use of the facilities during their respective times of bse of the Leased Premises
in a manner that promotes community health, public safety and proper care and preservation
of the public facilities.
SECTION VII - CAPITAL IMPROVEMENTS.
7.02 The County may construct capital improvements and install additional equipment to
improve the existing fields and facilities on the Leased Premises, including but not limited
to, bathrooms, inigation systems (well, pump and sprinklers), parking areas and /or field
lighting, provided that such improvements or additions are not in conflict with School use
and are approved by the District (or the Superintendent) in writing and in accordance with
the terms of this Agreement. The County shall be solely responsible for any and all costs
associated with such improvements or additions unless agreed to otherwise in writing by the
District (or the Superintendent). The District (or the Superintendent) shall have the right to
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review and approve, prior to construction, the plans, specifications and location for the
placement of all equipment, facilities, and capital improvements upon the Leased Premises
and such approval shall not unreasonably be withheld. In accordance with the terms of this
Agreement, the District grants to the County a temporary construction easement, including
the right of entry, upon the Leased Premises (and other District owned lands, as necessary)
for the purpose of performing the required activities to construct any approved
improvements or to install any approved equipment. In exercising the temporary
construction easement, the County shall: minimize any and all disruptions of School
operations to the extent reasonably possible; coordinate construction times with the District
(or the Superintendent or the School Principal); comply with all applicable laws and
regulations; and use diligent efforts to complete the project in a reasonable and timely
manner. The temporary construction easement shall automatically terminate upon the
completion of the construction or installation project.
SECTION VIII — SCHOOL ADDITIONS & PORTABLE CLASSROOMS.
8.01 The County acknowledges and agrees that the District shall have the right to build additions
and /or install portable classrooms or make other improvements and modifications on the
Leased Premises for school- related purposes. In the event that the District elects to make
such improvements, installations and /or modifications, the District (or the Superintendent)
shall notify the County with at least ninety (90) days written notice and shall make
reasonable efforts not to adversely impact (or terminate) the County's use of the Leased
Premises.
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SECTION IX — INDEMNIFICATION & INSURANCE.
9.01 To the extent provided by law under Florida Statute Section 768.28, each Party agrees to
hold harmless, indemnify and defend the other Party including its agents, officers, directors
and employees for any and all claims, losses, penalties, demands, judgments, costs of suits,
including attorney's fees, for any expense, damage or liability incurred, whether for personal
injury, property damage, direct or consequential damages, or economic loss arising directly
or indirectly arising from or in connection with its use of the Leased Premises under the
terms of this Agreement, except for such damage or - liability which is caused solely by the
negligence of the other Party. This indemnification shall not be deemed a waiver of any
limitation of liability to which either Party may be entitled under Florida Statutes Section
768.28.
9.02 The County and the District shall maintain insurance coverage in at least the minimum
amounts and types as required tinder State law. The County and the District agree that either
party may be self - insured on the condition that all self - insurances) must comply with all
State laws and regulations.
SECTION X -TERMINATION.
10.01 The District or the County may, at any time, and for any reason, terminate this Agreement
upon ninety (90) days written notice to the other Party.
10.02 In the event the Agreement is terminated, the County shall have the right to remove any and
all structures, improvements and equipment that it has exclusively paid for, constructed or
installed upon the Leased Premises upon providing forty -five (45) days written notice to the
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District. The County agrees to restore the Leased Premises to its prior condition in the event
of any such removal. With respect to capital improvements upon the Lensed Premises that
were paid for solely by the County and are permanent and not removable, the District shall
reimburse the County for such improvements in accordance with their remaining depreciated
value. The reimbursement shall be made during the neat budget year and shall be in the
form of actual cost of said capital improvements depreciated by ten percent (10 %) per year
from the date of construction; however, no reimbursement payments shall be required of the
District after the improvements have been in use for ten (10) or more years.
SECTION XI -DISPUTE RESOLUTION.
11.01 In the event that the Parties disagree regarding the interpretation of this Agreement, or the
fulfillment of obligations required hereunder, either Party may request an appeal to the
Superintendent, or County Manager, or a mutually agreed upon independent mediator, as
applicable.
SECTION XII - ASSIGNABILITY.
12.01 The Parties shall not assign any interest in this Agreement without the prior written consent
of the other.
SECTION XIII - NOTICE.
13.01 Any notice required to be made under this Agreement shall be made in writing and either
hand delivered or delivered by overnight courier or facsimile transmission, or sent by
registered or certified mail, return receipt requested, and addressed to the following: School
District of Collier County, c/o Superintendent, 5775 Osceola Trail, Naples, Florida 31109;
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Collier County, c/o County Manager, 3301 East Tamiami Trail, Administrative Building,
Naples, Florida, 34112,
SECTION XIV - CHOICE OF LAW.
14.01 This Agreement shall be interpreted in accordance with the laws of the State of Florida. It is
recognized that all Parties hereto have contributed substantially and materially to the
negotiations and preparation of this Agreement, and that the Agreement shall not be
interpreted more harshly against one party by virtue of its preparation.
SECTION XV — SEVERABILITY.
15.01 In the event that any provision of this Agreement is held to be illegal, invalid or
unenforceable under present or future laws, such provision shall be frilly severable. This
Agreement shall be construed and enforced as if such illegal or enforceable provision had
never compromised a part of this Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect.
SECTION XVI - EFFECTIVE DATE,
16.01 The Effective Date of this Agreement shall be the date that the Iast signature as set forth
below. However, the term for the Leased Premises shall begin to run from the date that the
District signs this Agreement
SECTION XVII —MISCELLANEOUS
17.01 This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the District and the County.
17.02 The captions and section numbers used in this Agreement are for purposes of convenience
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and for reference only and shall not be used to define, limit or extend the scope or meaning
of any part of this Agreement.
17.03 Whenever in this Agreement a party is or may be called upon to give its consent or approval
to any action, said consent shall not be unreasonably withheld or delayed.
17.04 The Parties hereto agree to promptly sign all documents reasonably required to give effect to
the provisions of this Agreement.
17.05 Nothing contained in this Agreement shall be deemed or construed., either by the Parties
hereto or by any third party, to create the relationship of principal. and agent, or create any
partnership, joint venture or other association between the Parties.
17.06 In the event of default by a party hereto in its respective obligations hereunder, the non-
defaulting party shall have all remedies available to it at law or in equity.
17.07 Each Party hereby represents and warrants to the other that the execution of this Agreement
and any other documents required or necessary to be executed pursuant to the provisions
hereof are valid, binding obligations and are enforceable in accordance with their terms.
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IN WITNESS WHEREOF, the Parties hereto have caused the Agreement to be executed by their
appropriate officials, as of the date first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy. Clerk
proved as to form and legal sufficiency:
ssistant County Attorney
Attest:
�Irmfv �' pw-
Dr. Kamela atton, Superintendent
ved as to form and legal sufficiency:
Jon shbane, District General Counsel
i
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
TIM NANCE, Chairman
THE CHD L TRI COLLIER
C / Y, L RI A
B I �
Y
KA EN CURATOLO, Chair
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EXHIBIT A
9/8/2015 16.D.1.
INTERLOCAL AGREEMENT CONCERNING
PINECREST ELEMENTARY SCHOOL PUBLIC PARK FACILITY
THIS INTERLOCAL AGREEMENT, entered into this day of
1994, by and between COLLIER COUNTY, a
Political Subdivision of 'the State of Florida ( "COUNTY ") and the
SCHOOL BOARD OF COLLIER COUNTY ( "SCHOOL BOARD "), a body corporate
as designated in Section 230.12, Florida Statutes.
W I T N E S S. E T H!
WHEREAS, There. is need for a public park in the southern part
of the Immokalee'Community in Collier County, Florida; and
WHEREAS, a parcel of land "( "Site ") that is part,-of the
Pinecrest Elementary School site (in the southern part of
Immokalee) is an appropriate place for the needed public park,
subjectt;_to installation of certain recreational facilities at that
site, and
WHEREAS; the SCHOOL BOARD is willing and able to warrant that
the site shall, for the term, of this Agreement, be and remain
available for use by the general public as a public "Community
Park" under the provisions hereof, and
WHEREAS, the COUNTY-is obligated under its Growth Management
Plan to provide "Community Parks" that are open for use by the
general public and
WHEREAS, the COUNTY desires that the Site be credited as a
"Community Park" bnder'the COUNTY's Growth Management Plan, and
therefore the COUNTY will maintain park facilities to be installed
on the Site, and
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WHEREAS, this Agreement specifies the duties and responsibili-
ties of the COUNTY and the SCHOOL BOARD regarding the subject Site
and facilities to be, constructed and maintained on the Site.
NOW THEREFORE, in consideration of the ,provisions specified
herein, the COUNTY and the SCHOOL BOARD agree as follows:.
1. TERM OF AGREEMENT: The SCHOOL BOARD hereby warrants that
for so long as the Pinecrest Elementary School land is owned by the
;School District of Collier County or its successor in function, and
the COUNTY repairs and maintains the playground equipment and park
facilities (the "Improvements ") as specified herein, the Site shall
remain open and available for use by the public as a "Community
Park." Should the entire school lands be sold, the SCHOOL; BOARD
does not warrant the continued use of the Site as a "Community ._
Park" alter any such sale.
2. PARK AREA: The specific- land area ( "Site ") that the
SCHOOL BOARD. hereby warrants shall be and'remain open and available
to the general public for use as a Community Park is displayed on
Exhibit "A" attached hereto and is made a part hereof.
3'. ESTIMATED COSTS: The total estimated costs.to acquire
and install the original planned -Improvements is $45,000.00. No
rest room facilities are planned at this time.
4. COUNTY'S AND SCHOOL BOARD'S MONETARY CONTRIBUTIONS:
Prior to installation of any facilities, the COUNTY shall donate to
the SCHOOL BOARD ten thousand dollars ($10,000) toward the
acquisition and installation costs of the Improvements. The COUNTY
will also match citizen's contributions (contributions delivered to
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the SCHOOL BOARD prior to completion of .installation of the
original park facilities), up to an additional five thousand
dollars ($5,000.00). The School Board will act as the fiscal agent
for this project. All funds to be expended for the community park
at Pinecrest Elementary School will be deposited in a school
district account prior to the district advertising for bids to
equipment suppliers.
The SCHOOL BOARD will (1) process a request for bids to supply
the materials for the construction of the Improvements, (2) will
solicit bids from suppliers, (3) will process and award the bid,
and will contribute $5,000.00, to acquire the equipment and
materials for the Improvements. The balance of the cost of the
materials will be paid for by the COUNTY and community members-and
organizations. It is contemplated that the.design work and labor
associated with construction of the Improvements will be donated by
Schenkel Shultz Architects and community service organizations,
respectively.
5. PHYSICAL ACCESS TO THE SITE: The SCHOOL BOARD warrants
that the COUNTY shall have adequate physical access to the Site to
enable the COUNTY to repair and maintain the Improvements, and that
the public shall have open physical access to and use of the Site
and facilities as a 'COUNTY. "Community Parkil.
6. COUNTY'S REPAIR AND MAINTENANCE RESPONSIBILITIES:
(a). - The COUNTY is not obligated to acquire or install
any facility. COUNTY employees, after proper installation thereof,
shall repair and maintain all Improvements on the Site and shall
3
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keep the Improvements in an operable and safe condition during
their useful life. The COUNTY shall repair and maintain each
initially installed Improvement and replacement Improvement, if
any. The COUNTY is not obligated to pay for the replacement of any
Improvement, but shall, at its expense, acquire and replace
component part(s) of each Improvement as necessary to repair or
maintain the facility.
(b) . The COUNTY recommends that the play equipment
.purchased, either plastic, metal,..or synthetic material, be of the
same quality as that used in COUNTY parks or school sites.
7. The COUNTY shall not be responsible for the condition of
any land or for design defect(s), if any..
S. INDEMNIFICATION OF PARTIES: To the. extent permitted by
law, these.- COUNTY and SCHOOL BOARD shall indemnify, defend, save, and
hold harmless each other, their respective officers, agents and /or
employees against all suits, claims, demands, and /or liability for
property damage, bodily injury or death which may result from the
negligent acts or omissions of the other party, which are alleged
to have occurred concerning the maintenance, ownership, use or
operation of the Site or th6 -improvements, or the failure to
perform any duties that arise from this agreement. This indemnifi-
cation provision shall not be construed as a waiver of any
limitation of liability to which either party may be entitled under
Florida Statutes 768.28.
9. NO WAIVER OF ANY LEGAL PROTECTION: Nothing herein waives
any provision of Chapter-7. 68.28, Florida Statutes, or any other
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limitation. of liability provision of any now or hereafter applica-
ble law, rule and /or regulation.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
ATTEST:
DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
J. CONSTANTINE,
CHAIRMAN
ATTEST:
(TITLE)
Approved as to form and legal
sufficiency:
At orney for Schoo Board
Approved as to form and
legal sufficiency:
Thomas C., Palmer
Assistant County Attorney
20743_1.1VP5
COLLIER COUNTY SCHOOL BOARD
Bye
CLYDE C. Q INBY AIR PERSON
E
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