Agenda 09/13/2011 Item #16G1110�;
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9/13/2011 Item 16.G.1.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting as the Airport Authority, adopt
and authorize the Authority's Zxecutive Director to execute and promulgate the attached Leasing '
Manual for Aircraft Storage Space at the Marco Island Executive Airport, Immokalee Regional
Airport, and Everglades Airpark.
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OBJECTIVE: To adopt a leasing manual for aircraft storage space at the Marco Island Executive
Airport, Immokalee Regional Airport, and Everglades Airpark.
CUNSIDERATIONS:. Ordinance 2010 -10, Section Ten (D) indicates that the Airport Authority's
Executive Director is responsible for the administration, management and operation of the airports and
airport facilities.
The Collier County Board of County Commissioners, acting as the Airport Authority, approved and
authorized the Authority's Executive to execute a standard form T- hangar Agreement on March 8, 2011,
Agenda Item 16(G)3, and a standard form Aircraft Tie -down Agreement on June 28, 2011, Agenda Item
16(G) I.
These standard forms indicate that the Tenant or Licensee shall be provided with the Authority's Lease
Manual (if any), and that the terms of this manual will be incorporated into the respective agreements.
The- attached lease manual establishes, and notifies interested parties and the public, of certain standard lease
provisions, rates, and terms applicable to tenants leasing property on the Collier County Airports.
The manual has been reviewed by the County Attorney's office.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
LEGAL CQNSIDER,ATIONS: This item has been reviewed by the County Attorney's Office, requires
majority vote and is legally sufficient for Board action. -- CMG
ROMM IMPACT: There is no growth impact associated with this Executive Summary.
ADVISORY BOARD RECOMMENDATION: At the August 1, 2011 meeting, the Airport Advisory
Board voted unanimously to recommend that the BCC, acting as the Airport Authority, approve and
authorize the Authority's Executive Director to execute and promulgate the attached lease manual.
RECOMMEND&DON: That the Board of County Commissioners, acting as the Airport Authority,
approves and authorizes the Authority's Executive Director to execute the attached Leasing Manual for
Aircraft Storage Space at the County Airport.
Prepared by Chris Curry, Executive Director, Collier County Airport Authority.
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9/13/2011 Item 16.G.1.
n COLLIER,COUNTY
Board of County Commissioners
Item Number:
Item Summary: Recommendation that the Board of County Commissioners, acting as the
Airport Authority, adopt and authorize the Authority's Executive Director to execute and
promulgate the attached teasing Manual for Aircraft Storage Space at the Marco island
Executive Airport, Immokalee Regional Airport, and Everglades Airpark.
Meeting Date: 9/13/2011
Prepared By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authority
8/18/20112:31:23 PM
Submitted by ,
Title: Executive Director. Airport Authority,Airport Authority
Name: CurryChris
8/18/2011 2:.31:24 PM
Approved By
Name: CurryChris
Title: Executive Director - Airport Authority,Airport Authority
Date: 8/19/2011 10:21 :28 AM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 8/22/2011 11:44-09 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 8/23/201110:26:31 AM
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9/13/2011 Item 16.G.1.
Name: OchsLe0
Title: County Manager
Date: 9/2/2011 12:02:34 PM
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9/13/2011 Item 16.G.1.
LEASING MANUAL FOR AIRCRAFT STORAGE SPACE
STANDARD LEASE
RATE AND LEASE TERMS
This manual is adopted to establish as well as notify interested
parties and the public of certain standard lease provisions, lease rates
and terms, applicable to tenants leasing property on the Marco island
Executive Airport, Immokalee Regional Airport and Everglades City
Airpark, (hereinafter referred to as the "Airports") . These provisions
apply to and govern any and all T-HANGAR and TIE-DOWN leases, which
leases incorporate this Lease Manual, as it may be amended from time-to-
time, as governing the terms and provisions of any such lease the same
as if set forth in full therein.
These terms and provisions govern the lease of a T-HANGAR and TIE-
DOWN space (hereinafter the "Premises") by the Collier County Airport
Authority (hereinafter "Authority") to Hangar or Tie-down tenants
(hereinafter "LESSEE"):
1. USE OF PREMISES
A. Nothing contained in any lease agreement shall be construed as
granting or authorizing the granting of an exclusive right to any LESSEE
within the meaning of Section 308 of the Federal Aviation Act. Further,
nothing herein shall be construed per se to allow LESSEE to conduct any
aeronautical activities, commercial or otherwise, other than those
specified in the present lease or any agreement hereinafter entered into
between AUTHORITY and LESSEE.
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B. LESSEE will not be permitted to use, nor permit the Premises
to be used, for any unlawful purpose, or for any purpose that would
unreasonably cause an increase in the rate of insurance on said
Premises, nor for any purpose which would disturb nearby properties or
other lessees of the Airports. Upon expiration of the term herein
provided, LESSEE hereby waives any demand for possession of the Premises
and any structure or improvement then situated thereon.
C. LESSEE, in exercising any rights or privileges granted to it,
shall not, on the grounds of race, color, creed, or national origin,
discriminate against any person or group of persons in any manner
prohibited by Part 21 of the Regulations of the United States Secretary
of Transportation. AUTHORITY is hereby granted the right to take such
action, anything to the contrary herein notwithstanding, as the United
States may direct to enforce this non - discrimination covenant.
2. SECURITY ACCESS
LESSEE shall be responsible for all damages or injury to persons
or property which may occur directly or indirectly as a result of the
operation of any vehicle which may obtain access to the airport as a
result of the use of a SECURITY ACCESS CODE, and shall indemnify and
hold harmless the Authority for all such damage or injuries. As a
SECURITY ACCESS CODE recipient, LESSEE is further responsible, both for
him or herself and any other person LESSEE may invite or bring onto the
airport, for complying with all the rules and regulations of the Collier
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?O�N County Airport Authority and has examined a copy of said rules and
regulations which have also been read and understood in their entirety.
Failure of LESSEE to comply with any rules, regulations, or directive of
this Authority, its agents or personnel will result in a minimum $100.00
fine, suspension, and /or revocation of LESSEES SECURITY ACCESS CODE and,
at Authority's sole election, may result in termination of this Lease.
3. RATES, FEES AND CHARGES
A. LESSEE shall pay for the Premises the rate of rent set forth in
the uniform schedule of rates and charges in effect on the Airports,
published by the Authority and on file in the offices of the Authority.
Said payment is to be made in equal monthly installments, plus
1101\ applicable tax, all in advance on the first day of every calendar month
during the term hereof. Upon execution of a Lease, LESSEE shall pay the
first month's rent. Such rental rates may be revised by the Authority
on an annual basis, or at such other intervals as the Authority elects,
in accordance with a uniform and consistent rate adjustment program.
B. In the event LESSEE fails to pay the rentals, fees or charges
as required to be paid under the provisions of the lease agreement in
advance of the lst day of the month, a late fee equal to thirty dollars
($30.00) will be charged. In the event LESSEE fails to pay the rentals,
fees or charges as required to be paid under the provisions of the lease
agreement within thirty (30) days after the same shall become due, a
late charge and interest at one and one half percent (1.50) per month
shall accrue on the delinquent payment(s) until the same are paid.
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Implementation of this provision shall not preclude the Authority
from terminating the lease agreement for default in the payment of
rentals, fees or charges, or from enforcing any other provisions of the
lease, or from electing any other remedies at law or in equity.
4. OPERATIONS
In the use of the Premises pursuant to the lease agreement, LESSEE
shall conduct its operations in an orderly and proper manner so as not
to interfere with the rights and privileges of others at the Airport and
shall be responsible for the conduct, demeanor and appearance of its
employees, agents, guests and invitees and of those persons doing
business with LESSEE. Upon receipt of complaints about the conduct of
such persons, LESSEE shall immediately address such complaints to ensure
that neither LESSEE nor its employees, agents, guests, invitees and
customers cease and desist from any conduct which violates the Lease,
the Manual, the Rules and RegulZLtiCIIS, Jr interferes ivlith the rights Of
the Airport or its tenants.
S. FLh1qf0jz_DLE MATERIALS
There shall not be allowed, kept or used on the Premises, any
inflammable or explosive liquids or materials except such as may be
necessary for use in the operation of LESSEE'S aircraft, in which event
any such substances shall be delivered in amounts, and stored and used
only as approved by AUTHORITY and in accordance with the rules of the
Florida Inspection and Rating Bureau and all other applicable federal,
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�1 state and local statutes, ordinances, rules and regulations in force
during the term of the Lease.
6. SERVICE, UTILITIES, TAXES
A. The cost of water, sewer or electrical utility services to the
!i Premises shall be paid by the Authority. Should LESSEE'S operations
require additional utility service facilities, LESSEE may, at its sole
expense,and only if approved by the Authority, extend such facilities to
the Premises and shall pay the cost of said additional services.
Authority's obligation under this provision shall be limited to the
water, sewer and electrical utility facilities presently existing and
constructed on the date of the Lease, and nothing herein shall obligate
Authority to provide any additional utility to LESSEE or to obligate
Authority to permit LESSEE to contract for such additional utilities.
B. If at any time during which this Le
the Premises, leasehold interest, or rental
any federal, state or local property, sales,
shall pay such taxes; provided, however,
circumstances be obligated to pay any taxes
Authority.
7. CONDITION OF PREMISES
ease Agreement is in effect,
payments become subject to
excise or other tax, LESSEE
that LESSEE shall in no
based on the net income of
A. LESSEE has examined and knows the condition of the Premises,
has received the same "as is," and has acknowledged that no
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representations as to the condition thereof have been made by Authority
prior to or at the execution of this Lease. LESSEE will be responsible
for any contamination on the leased property occurring during Lessee's
tenancy and due to the acts or .omissions of Lessee, its employees,
successors or assigns in violation of State, Federal, or local law, and
will decontaminate the property at its own expense if a violation of
Federal, State or local law is charged. LESSEE shall either
decontaminate or provide to the Authority satisfactory evidence that
said property is not contaminated.
B. Authority shall not be liable for any damages or loss suffered
by LESSEE, or for injuries to persons or property occasioned by
bursting, overflowing, or leaking of water, sewer pipes, or from
heating, air conditioning or plumbing fixtures, or from electric wires,
fire or from water leaks of any kind during LESSEE'S tenancy, regardless
of the source.
8. ALTERATIONS, ADDITIONS AND IMPROVEMENTS
LESSEE shall not make any alterations, additions or improvements,
or engage in any construction on the Premises, without the prior written
consent of Authority. LESSEE shall not remove or damage any alterations,
additions and improvements made to the Premises during the term of the
lease agreement which shall remain on said Premises upon the expiration
of the term hereof.
9. REPAIR AND MAINTENANCE OF PREMISES
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A. LESSEE shall keep and maintain the Premises in good order and
repair throughout the term of the Lease, and shall make all necessary
repairs thereto, including, without limitation, all non - structural
repairs, including, without limitation repairs to fixtures, facilities
and equipment, and further shall replace all broken glass with glass of
the same size and quality as that broken. In the event LESSEE fails to
undertake the repairs required hereunder, Authority, in addition to the
other remedies provided herein, shall have the right to make such
repairs, at LESSEE'S cost and expense.
B. LESSEE shall keep the Premises and improvements in a clean and
healthful condition according to all applicable governmental statutes,
rules, ordinances and regulations, Authority's rules and regulations,
and in accordance with any direction of duly authorized public officers
during the term of the Lease, all at LESSEE'S sole cost and expense.
Upon the termination of the Lease or any renewals thereof, LESSEE shall
deliver the keys to said Premises to Authority at its offices described
above.
10. RULES AND REGULATIONS
LESSEE shall comply with (i) Authority's Rules and Regulations for
the Airports, on file in the offices of the Executive Director of the
Collier County Airport Authority, Airport Manager, and made a part
hereof, as such regulations may be amended from time -to -time by
Authority including such reasonable and uniform landing fees, rates or
charges, as may from time -to -time be levied for airfield operational
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privileges and /or services provided at the Airports in accordance with
the Collier County Airport Authority ordinance (Enabling Ordinance), in
its sole discretion, or in accord with the directives of the Executive
Director as he or she may be authorized, and (ii) Authority's Leasing
Standards and Requirements for the Airports, also on file in the offices
of the Executive Director of the Airport, Airport Manager and made a
part hereof, as said Standards and Requirements may be amended from time
to time by Authority in its sole discretion. LESSEE shall also comply
with any and all applicable governmental statutes, rules, orders and
regulations. LESSEE shall not allow any signs, cards or placards to be
posted or placed on the Premises without prior written approval of the
Authority.
12. ASSIGNMENT
LESSEE shall not assign the Lease, and may not sublet the Premises,
or any part thereof without advance written approval from the Authority
on the Authority's Sublet approval forms, nor permit the Premises, or
any part thereof, to be used for any other purpose than as stipulated in
the lease agreement, nor allow or permit any other person, firm or
corporation to use said space or store or keep any personal property
thereon.
13. DISCHARGE OF LIENS
In the event of the filing of any mechanic's lien or materialman's
lien or liens, or any other charge whatsoever against the Premises or
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e#�*N any improvement thereof during the term of the Lease, (or any extension
thereof) , LESSEE immediately shall take all necessary steps to secure
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the release of same. In the event LESSEE fails to take reasonable steps
to secure the release of any such liens or charges, Authority upon ten
(10) days' prior written notice to LESSEE, shall have the right and
privilege of taking the necessary steps, including payment, to secure
the release of any such lien or charge, and any amount so paid by
Authority including reasonable expense and costs (including attorney's
fees), shall be added to the rental due hereunder from LESSEE to
Authority and shall be paid by LESSEE to Authority immediately upon
receipt by LESSEE from Authority of any itemized statement thereof.
14. INDEMNIFICATION
LESSEE shall defend, indemnify, and hold Authority and its
officers, agents, servants, representatives and employees harmless from
and against any and all loss, damage, actions, lawsuits, claims, cost
and expense (including attorneys' fees), as a result of any personal
injury, death, property damage, penalty, fine or any other claim or suit
of whatever nature, arising in any way from LESSEE'S occupancy and use
of the Premises or the Airport. Any and all other personal property of
LESSEE or his officers, employees, servants, agents, guests or business
visitors shall be stored and otherwise used on the Airport at LESSEE'S
sole risk of damage or loss.
15. INSURANCE REQUIREMENTS
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LESSEE shall secure and maintain in force at its expense liability
insurance coverage for its activities on the airport, occupation of the
Premises and on LESSEE'S liability under the indemnities set forth in
this lease manual and in the lease agreement. The insurance policy
shall have coverage limitations providing no less than $100,000.00 per
person and $300,000.00 per incident and shall not be subject to
cancellation or material change except after thirty (30) days prior
written notice of such cancellation or material change to the Authority.
LESSEE shall secure and deliver to Authority appropriate insurance
certificates showing evidence of the coverage as required hereunder.
Said insurance policy or policies providing such coverage, as well as
the insurers providing same, shall he subject to the prior review and
approval of Authority. The said insurance policies shall contain a
clause or endorsement by which the insurance carrier(s) waives all
rights of subrogation against Authority, except where the Authority or
its Agents are guilty of a specific act of negligence. If the Lease
provides for different or additional insurance, or for higher limits,
the provisions in the Lease shall prevail in the case of any conflict
with this provision.
16. ACCESS TO PREMISES
LESSEE shall allow Authority's Executive Director, Airport Manager,
other duly authorized representative, or agents of Authority, access at
all reasonable times to the Premises for the purpose of examining or
inspecting same.
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17. SURRENDER- DAMAGES
LESSEE, at the termination of the Lease, will immediately
surrender, release and yield up the Premises to the Authority peaceably,
quietly and in good order and condition, reasonable wear and tear
excepted, and failing to do so will pay as rental to Authority for the
entire time such possession is withheld, the sum of Ten Dollars ($10.00)
plus one thirtieth of the monthly rental in effect at the time of said
termination, per day or for any such penalty or payment as may be
provided in the Lease, at the option of the Authority; provided that the
provisions of this clause shall not be deemed a waiver by Authority of
any right of re -entry as herein provided, nor shall the receipt of said
rent, or any part thereof, or. any other act in apparent affirmation of
tenancy, by Authority, operate as waiver of any right or remedy
available to Authority hereunder for a breach of any of the covenants
contained in the lease agreement. Upon the expiration or termination of
the Lease, LESSEE shall remove its personal property and equipment from
the Premises, and LESSEE shall be liable for and pay for any damage
caused to the Premises or any other property of Authority as a result of
LESSEE's occupation of the Premises, LESSEE'S removal or failure to
remove LESSEE's property, including but not limited to any and all costs
incurred by the Authority in removing and storing LESSEE's property.
18. DEFAULT- TERMINATION
A. In the event of default by LESSEE in the payment of the
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rental obligation on the day the same becomes due or payable, which n
default continues for ten (10) days, or in the event of any default by
j LESSEE with respect to any other covenant or obligation of LESSEE under
the lease agreement, then in any or either of such events, Authority at
its election, at or after the expiration of ten (10) days, previous
notice in writing of such default sent as provided below to LESSEE, may
declare a forfeiture and termination of the Lease, and at that time all
rent due or to become due under the then existing term of the Lease
shall become immediately due and payable.
B. In addition, Authority may re -enter said Premises, after
expiration of effective notice, with or without process of law and, if
necessary, remove LESSEE or any persons occupying said Premises under
LESSEE, without prejudice to any remedies which might otherwise be
available. LESSEE waives any demand for possession of the Premises and
any structure, property or improvement then situated thereon, and upon
termination at such election of Authority, LESSEE must surrender and
deliver the Premises immediately.
C. Authority further shall have the right to terminate the lease
agreement in the event of the occurrence of any of the following:
insolvency of LESSEE, liquidation or dissolution of LESSEE; the
institution of a voluntary or involuntary bankruptcy proceeding by or
against LESSEE; assignment by LESSEE for the benefit of creditors; the
appointment of a receiver or trustee to manage the property of LESSEE or
if LESSEE fails to adhere to the provisions of the agreement.
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�- D. All the remedies referenced herein shall be in addition to and
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not in derogation of any remedies provided in the Lease or available at
law or in equity.
19. DESTRUCTION OF PREMISES
In the event that the Premises or the improvements located thereon
shall be destroyed in whole or in part by fire, or other casualty,
LESSEE, at its option, may terminate the Lease or, at its cost and
expense, may elect in writing to Authority to repair or reconstruct said
Premises or improvements. Such election shall be made within thirty
(30) days of the date of such destruction. If such election is made,
rental payments shall continue unabated and uninterrupted.
20. AIRPORT DEVELOPMENT
Authority reserves the right to further develop or improve the
landing and other areas of the Airport as it sees fit, regardless of the
desires or view of the LESSEE, and without interference or hindrance.
21. ATTORNEY FEES
LESSEE shall pay the cost of collection and reasonable attorney's
fees whenever the Authority retains the service of an attorney to
collect overdue rents or to enforce any other term or condition set
forth in the Lease or in this Manual.
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22. FLIGHT OPERATIONS
Authority at all times reserves unto itself, its successors and
assigns, for the use and benefit of the public, a right of flight for
the passage of aircraft in the airspace above the surface of the
Premises, together with the right to cause in said airspace such noise
as may be inherent in the operation of aircraft, now known or hereafter
used, for navigation of or flight in said airspace, and for use of said
airspace for landing on, taking off from or operating on the Airport.
23. AIRCRAFT HAZARDS
Authority at all times reserves the right to take any action it
considers necessary to protect the aerial approaches of the Airport
against obstruction, together with the right to prevent LESSEE from
erecting, or permitting to be erected, any building or other structure
on or adjacent to the Airport which, in the opinion of the Authority,
would limit the usefulness of the Airport or constitute a hazard to
aircraft. The parties agree and understand that a normal aircraft
storage operation does not constitute an interference with navigation or
communication facilities on the Airport.
24. AIRPORT OPERATIONS
LESSEE shall prevent any use of the Premises which would interfere
with or adversely affect the operation or maintenance of the Airport, or
otherwise constitute an airport hazard.
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i *—.,
25. OBSTRUCTIONS
LESSEE will restrict the height of structures, objects of natural
growth and other obstructions on the Premises to such height as comply
with Federal Aviation Regulations, Part 77.
26. CONDEMNATION
A. Authority will not cause or encourage the condemnation of the
Airports or any portion thereof which are leased by Authority to one or
more tenants.
B. If, at any time during the term of the Lease, title to the
whole or substantially all of the Premises shall be taken in
condemnation proceedings or by any right of eminent domain, the affected
e*-*N lease(s) shall terminate and expire on the date,of such taking and the
fixed rental and other charges payable hereunder shall be apportioned
and paid to the date of such taking. For purposes of this paragraph,
"substantially all of the Premises" shall be deemed to have been taken
if the untaken portion of Premises cannot be practically and
economically used or converted for use by LESSEE for the purpose
permitted by the Lease.
C. Nothing in this paragraph is intended to waive LESSEE'S
constitutional rights to be compensated by any government, person or
organization which appropriates LESSEE'S private property.
27. REMEDIES CUMULATIVE-NO WAIVER
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The rights and remedies granted to Authority under the Lease
agreement shall be deemed to be cumulative and non-exclusive. The
failure by Authority at any time to assert any such right or remedy
shall not be deemed to be a waiver, and shall not preclude the assertion
of such right or remedy at a later date.
28. DOMINANT AGREEMENTS
Every Lease agreement is subordinate and subject to all existing
agreements between Authority and the Federal Aviation Administration, or
between Authority and the State of Florida. During the time of war or
national emergency, Authority shall have the right to Lease the landing
area or any part thereof to the United States Government for military or
naval or similar use, and, if such Lease is executed, the provisions of
the lease agreement insofar as they are inconsistent with the provisions
of the Lease to the Government, shall be suspended. Any executed
agreement shall be subordinate to the provisions of any existing or
future Agreement between Authority and the United States, relative to
the operation or maintenance of the Airport, the execution of which has
been or may be required as a condition precedent to the expenditure of
Federal funds for the development of the Airport.
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THIS LFASE MANUAL, pages one through seventeen, is hereby
E j adopted, promulgated and put into effect by direction and order
of the Executive Director of the Collier County Airport Authority „.
this day of 2011, at Naples, Florida.
ATTESTED: COLLIER COUNTY AIRPORT AUTHORITY
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Executive Director
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App ved as to farm & legs( sufficiency
Colleen Greene,
Assistant County Attorney
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