Agenda 04/26/2016 Item #16E 4 4/26/2016 16.E.4.
EXECUTIVE SUMMARY
Recommendation to approve a Second Amendment to Lease, extending an existing lease with Drop
Anchor Mobile Homeowners Association,Inc. for an additional ten years authorizing Drop Anchor
to occupy space within County-owned right-of-way in Goodland.
OBJECTIVE: To allow Drop Anchor Mobile Homeowners Associations, Inc. the continued use of
right-of-way along Papaya Street in Goodland,Florida, on behalf of the Transportation Division.
CONSIDERATION: In 1991, County staff determined that Drop Anchor Mobile Homeowners
Associations, Inc. (Tenant) had encroached within right-of-way along Papaya Street in Goodland. There
are sixteen mobile homes that have been inadvertently placed within the right-of-way. To address the
situation, a Lease for use of the right-of-way commenced on April 30, 1991, with an annual rent of ten
dollars. The Lease was amended in 2006 to extend the term for an additional ten years and with rent
remaining at ten dollars annually.
The attached Second Amendment to Lease provides for an additional ten year term under the same terms
and conditions contained in the initial Lease and no other provisions in the Lease are being amended.
FISCAL IMPACT: The annual rent of ten dollars will continue to be deposited into Transportation
Services Transfer from General Fund(101),Transportation Administration(163609),Leasing(362180).
GROWTH MANAGEMENT: There is no Growth Management Impacts associated with this Executive
Summary.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board action. -ERP
RECOMMENDATION: That the Board of County Commissioners approves the Second Amendment to
Lease with Drop Anchor Mobile Homeowners Association, Inc. and authorizes its Chairman to execute
same.
PREPARED BY: Michael Dowling, Senior Property Management Specialist
Division of Facilities Management
Attachments:
1. Second Amendment to Lease
2. Lease Agreement
3. First Amendment to Lease
4. Aerial of Encroachment
[16-RPR-02814/1246212/1]
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.4.
Item Summary: Recommendation to approve a Second Amendment to Lease, extending
an existing lease with Drop Anchor Mobile Homeowners Association, Inc. for an additional ten
years authorizing Drop Anchor to occupy space within County-owned right-of-way in Goodland.
Meeting Date: 4/26/2016
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities Management
3/22/2016 11:17:41 AM
Submitted by
Title: Property Management Specialist, Senior,Facilities Management
Name: DowlingMichael
3/22/2016 11:17:42 AM
Approved By
Name: HendricksKevin
Title: Manager-Right of Way,Transportation Engineering&Construction Management
Date: 3/22/2016 11:59:45 AM
Name: pochopinpat
Title: Operations Coordinator,Administrative Services Department
Date: 3/25/2016 9:49:13 AM
Name: MottToni
Title:Manager-Property Acquisition&Const M,Facilities Management
Date: 3/25/2016 10:42:38 AM
Name: LinguidiDennis
Title: Division Director-Facilities Mgmt,Facilities Management
Date: 3/30/2016 3:24:49 PM
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4/26/2016 16.E.4.
Name: PepinEmily
Title:Assistant County Attorney, CAO Litigation
Date: 4/6/2016 10:07:55 AM
Name: PriceLen
Title:Department Head-Administrative Svc,Administrative Services Department
Date: 4/11/2016 12:01:20 PM
Name: WellsLaura
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 4/13/2016 1:27:31 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/14/2016 3:20:24 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/17/2016 10:30:47 AM
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Lease#751
SECOND AMENDMENT
TO LEASE
• DROP ANCHOR MOBILE HOMEOWNERS ASSOCIATIONS,INC.
THIS SECOND AMENDMENT TO LEASE ("Amendment"), entered into this day of
, 2016, by and between DROP ANCHOR MOBILE HOMEOWNERS ASSOCIATION,
INC., a Florida not for profit corporation, whose mailing address is 414 Papaya Street, Goodland, Florida 34140,
hereinafter referred to as "LESSEE," and Collier County, a political subdivision of the State of Florida, whose
mailing address is c/o Real Property Management, 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112,
hereinafter referred to as"LESSOR."
WITNESSETH
WHEREAS, the LESSEE and LESSOR previously entered into a Lease Agreement dated April 30, 1991
and a First Amendment to Lease dated April 25,2006, extending the term of the lease for ten years,attached hereto
as Exhibit"A"and collectively referred to as the Lease'; and
WHEREAS,the Lease is set to expire on April 30,2016;and
WHEREAS,the LESSEE and LESSOR desire to extend the Lease for an additional ten years.
NOW, THEREFORE, in consideration of the covenants and agreements provided within the Lease, and
Ten Dollars($10.00)and other valuable consideration,the Lease is hereby further amended as follows:
1. Article 2 of the Lease Agreement, as amended, is hereby amended as follows:
"ARTICLE 2. Term of Lease. Effective April 30,2016 May 1,2006,this Lease is extended ten(10)years
— to April 29, 2026 30, 2016. Notwithstanding anything in this Lease, either party may terminate this Lease
without cause by providing the other party with not less than sixty (60) days advance written notice of the
terminating party's intent to terminate delivered to the then existing correct mailing address of the non-termination
party,
2. Except as expressly provided herein, the Lease remains in full force and effect according to the terms and
conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided
otherwise herein.
IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this Amendment the day and
year first above written.
AS TO THE LESSEE:
DROP ANCHOR MOBILE HOMEOWNERS
DATED:3/„/6//6 ASSOCIAT ON, INC., a Florida not for profit corporation
.4 1e� f 4 BY: .rsr9� .rrr
itness(signature)
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AS TO THE LESSOR: BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk BY:
Donna Fiala,Chairman
BY:
Deputy Clerk
Approved as to form and legality:
•
Emily R. Pepin
Assistant County Attorney, Collier County
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• LEASE AGREEMENT
LEASE AGREEMENT is entered into this 36 day Of
1 , between COLLIER COUNTY, a political subdivision o the State
of lorida, hereinafter referred as "LESSOR" and Drop Anchor Mobile
Homeowners Association, Inc., a Florida Corporation, hereinafter
referred to as "LESSEE", sets forth the terms and conditions for
utilization of real property located within the right of way of
Papaya Street, Goodland, Florida.
W I T N E S S E T H
ARTICLE 1. Demised Pregisys
In consideration of the payment of rents and the performance of
the covenants hereinafter set forth, LESSOR hereby leases to LESSEE
and LESSEE hereby leases from LESSOR property located within the
right of way of Papaya Street, Goodland, Florida, and which is more
particularly depicted on the attached Exhibit "A", hereinafter
called the "Demised Premises", for the sole purpose of allowing
• existing mobile homes (Appurtenances) to remain within the Demised
Premises.
ARTICLE 2. Term of Lease.
To have and to hold for a term of five (5) year(s) , commencing
on May 1, 1991, and terminating on April 30, 1996. LESSEE is
granted the option, provided it is not in default of any of the
terms of this Lease to renew same for two (2) additional terms of
five (5) year(s) , under the terms and conditions as provided for
herein.
ILESSOR may terminate this Lease upon ninety (90) days prior
j written notice to the LESSEE. Said notice shall be sent to the
LESSEE'S address, as set forth in this Lease, and shall commence
upon the placement of notice in the U.S. Mail, registered or
certified mail, postage prepaid.
aARTICLE 3. Xinimam Rant
LESSEE hereby covenants and agrees to pay as rent for the
Demised Premises the sum of Ten Dollars and 00/100 Cents ($10,00)
per annum, all of which shall be due and payable in advance on the
date set forth in Article 2.
ARTICLE 4. Lessee!. Default in Payment
In the event LESSEE fails to pay the rentals, fees or charges
as required to be paid under the provisions of this Lease, failure
to pay shall constitute a default and LESSOR may, at its option,
' terminate this Lease after sixty (60) days written notice to LESSEE,
unless the default be cured within the notice period.
•
ARTICLE S. NoOlfioattons to Demised Premises,
Prior to making any changes, alterations, additions or
1 improvements to those existing Appurtenances as shown on the
attached Exhibit "B", which are within the Demised Premises, LESSEE
will 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 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 thirty (30) days
within which to approve or deny in writing said request for changes,
improvements, alterations or additions. I•F.SSOR shall not
unreasonably withhold its consent to required or appropriate
alterations, improvements, changes or additions proposed by LESSEE.
If after thirty (30) days there has been no response from
LESSOR or its designee to said proposals or plans, then such silence
41/1
shall be deemed as a denial to such request of LESSEE. If upon
obtaining written consent and commencing said changes, alterations,
additions, or improvements, LESSEE fails to complete its work within
the completion time as approved by LESSOR, LESSOR may at its
election complete said changes, improvements, alterations, or
additions. If any costs are incurred by LESSOR as the result of
LESSEE'S failure *r, h°^'^ °*a'"* or complete the proposed project
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' and by LESSOR'S completion of the proposed project, then upon demand
and within thirty (30) days 42f the demand, LESSEE shall pay to
LESSOR the amount of cost incurred by LESSOR. No election to
perform by LESSOR shall constitute waiver of any covenant or
•
41, obligation of LESSEE or any future default.
LESSEE covenants and agrees in connection 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
present and future laws, ordinances, rules, regulations, and
requirements of the United States of America, State of Florida,
county of Collier, and any and all governmental agencies.
All alterations, improvements, and additions to said Demised
Premises shall be made in accordance with all applicable laws and
shall at once, when made or installed, be deemed as attached to the
freehold and to have become property of LESSOR and shall remain for
the benefit of LESSOR at the end of the terms or other expiration or
termination of this Lease in as good order and condition as they
were when installed, reasonable wear and tear excepted; provided,
however, if prior to the termination of this Lease, or within thirty
(30) days thereafter LESSOR so directs, LESSEE shall promptly remove
the additions, improvements, alterations, fixtures and installations
• which were placed in, on or upon the Demised Premises by LESSEE and
which are designated in said notice, and repair any damage
occasioned to the Demised Premises by such removal and in default
thereof, LESSOR may effect said removals and repairs at LESSEE'S
expense.
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 other than its present use.
ARTICLE O. paw to Demised Promisee
LESSOR, its duly authorized agents, representatives and
• employees, shall have the right after reasonable notice to LESSEE,
to enter into and upon the Demised Premises or any part thereof at
all reasonable hours for the
and for the purpose of maintaining Papaya Street
purposes of inspection for compliance with,the
provisions of this Lease.
ARTICLE 7. Assianment and Subletting
LESSEE covenants and agrees not to assign this Lease or to
sublet the whole or any part of the Demised Premises, or to permit
any other persons to occupy same without the 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. 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 o; this Lease or subletting of the Demised Premises.
• ARTICLE S. 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'S manager will be so advised
in writing. If corrective action is not taken within five (5) days
of the receipt of such notice, LESSOR will cause the same to be
and
cleaning costs rand such ncosts Sshall aconstitute aadditional rents which
shall be paid by LESSEE within ten (10) days of receipt of written
notice of costs incurred by LESSOR.
ARTICLE P. Znsurange
LESSEE shall provide and maintain general liability and
property liability insurance policy(ies), approved by the Collier
Thousand Management
ndDollarsandNo/Ce Department, l Hundred
nts ($500,000.00) combined single limits
during the term of this Lease. In addition LESSEE shall maintain **
Worker's Compensation Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal
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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 Collier County as an
additional insured thereon. Evidence of such insurance shall be
provided to the Collier County Risk Management Department, 3301 East
Tamiami Trail, Building "F", Naples, Florida, 33962, for approval
prior to the commencement of this Lease Agreement; and shall include
a provision requiring ten (10) days prior written notice to Collier
County c/o County Risk Management Department in the event of
cancellation or changes in policy(ies) coverage.
ARTICLE 10. Indemnity
LESSEE, in consideration of One Dollar ($1.00), the receipt and
sufficiency of which is accepted through the signing of this Lease,
agrees to hold harmless and defend Collier County, the Board of
County Commissioners of Collier County, Florida and their agents and
employees, from any claims, assertions, or cause of action for any
loss, injury, or damage to persons or property arising from or
associated with LESSEE'S activities or use of the Demised Premises.
• LESSEE further agrees to indemnify Collier County and the Board of
County Commissioners of Collier County for any costs, expenses or
fees arising from any claims or cause of action for loss, injury or
damage to persons or property arising from or associated with
LESSEE'S activities or use of the Demised Premises. LESSEE hereby
acknowledges that the consideration called for in this Lease has
been reduced by One Dollar ($1.00) and is hereby considered by
LESSEE as payment of this obligation by the LESSOR.
ARTICLE 11. Utilities
•
LESSEE shall be responsible for the direct payment to the
appropriate company for all utilities and seivices supplied to the
Demised Premises.
•
ARTICLE 12. Defaults by Lessee
•
Failure of LESSEE to comply with any provision or covenant of
this Lease shall constitute a default, and except as provided for in
Article 4 above, LESSOR may, at its option, terminate this Lease
after thirty (30) days written notice to LESSEE, unless the default
be cured within the notice period (or such additional time as is
reasonably required to correct such default) .
ARTICLE 13. 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 detpult) after notice to LESSOR by LESSEE properly
specifying wherein LESSOR has failed to perform any such
obligations.
ARTICLE 14. Notices
Any notice which LESSOR or LESSEE may be required to give to
the other party shall be in writing to the other party at the
following addresses;
LESSOR: LESSEE: •
Board of County Commissioners Drop Anchor Mobile Homeowners Assoc.
Real Property Mgmt. Dept. c/o Howard Urban, President
• 3301 Tamiami Trail East Box 252 •
Naples, Florida 33962 Goodland, Florida 33933
ARTICLE ZS. Durrender of Proaisog
LESSEE covenants and agrees to deliver up and surrender to LESSOR
possession of the Demised Premises and any improvements to the Demised
Premises upon expiration of this Lease, or its earlier termination as
herein provided, in as good condition and repair as the same shall be
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4/26/2016 16.E.4.
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 16. 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.
(a) Rights not specifically granted the LESSEE by this Lease are
hereby reserved to the LESSOR.
X (b) LESSEE agrees to pay all sales tax imposed on the rental of the
Demised Premises where applicable under law.
(c) LESSEE agrees to pay all intangible personal property taxes that
X 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 17. lyvironmental 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 protection of the environment.
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 founded in
buildings in Florida. Additional information regarding radon and
radon testing may be obtained from your county public health unit.
ARTICLE 18. jffpatiye Die
This Lease Agreement shall become effective upon the date set
forth in Article 2.
•
•
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IN WITNESS WHEREOF, the parties hereto have hereunder set forth their
hands and seals.
AS TO TEE LESSOR:
DATED: , / 3'6,/i/4411/
ATTEST: BOARD OF COUNTY COMMISSIONERS
JAMES;C'.'GILES, Clerk COLLIER COUNTY, FLORIDA
Ade e • BY:Pb yrC .
PATRICIA ANNE GOODNIf�l
Chairperson
I '
AS TO LESSEE: LESSEE:
DATED: .J,,,/.4 ,t^/ DROP ANCHOR MOBILE HOMEOWNERS
�/ ASSOCIATION, INC., a Florida
Corporation
01S7 1, HO ARD UR , Pr es
W EN 4 4/ (CORPORATE SEAL)
Approved as to form and
legal sufficiency:
nnis P. ronin
Assistant County Attorney
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and extended said trait being situated a of Papaya Street a•
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Lease 751
4111 FIRST AMENDMENT TO LEASE
DROP ANCHOR MOBILE HOMEOWNERS ASSOCIATION,INC.
.7.c--- .
THIS FIRST AMENDMENT TO LEASE is entered into this A 4 day of ahro-A...—‘, ,2006,at Naples,
Collier County, Florida,by and between Collier County, a political subdivision of the State of Florida, whose
mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, "LESSOR" and Drop Anchor Mobile
Homeowners Association,Inc.,a Florida Corporation, whose mailing address is 414 Papaya Street, P.O. Box
308,Goodland,Florida 34140,"LESSEE."
WITNESSETH
WHEREAS,1ESSEE and LESSOR entered into the subject Lease Agreement,dated April 30, 1991;and
WHEREAS,LESSEE and LESSOR desire to amend that Lease by extending the lease term for an additional ten
(10)years and to authorize either party to terminate the Lease without cause,as specified in revised Article 2.
NOW,THEREFORE,the original Lease is hereby amended only as follows:
1. This Article 2 of the Lease Agreement replaces and supersedes Article 2 in the original Lease.
"ARTICUE 2.. Term of Lease. Effective May 1,2006,this Lease is extended ten(10)years-to April
30, 2016. Notwithstanding anything in this Lease, either party may terminate this Lease without cause by
providing the other party with not less than sixty(60)days advance written notice of the terminating party's
intent to terminate delivered to the then existing correct mailing address of the non-termination party."
2. Except as expressly provided herein,the original Lease remains in full force.
LESSEE:
• - AS TO THE LESSEE: DROP ANCHOR MOBILE 4 MEOWNERS
'411)
..„,;,,,,e,wr,;„ r , .246(,) ASSOCIAT IN, ';C.
i
graliftlill
BY: I ,— i
A m, a.- ....—A.. ft, ,„ , 1,
.....-
WWI itness(signature) M I l'il-7ArIF:' ''''"
i
First Witness(print name)
Second Witness(signature)
4 „)/
Second Witness(print name)
LESSOR:
AS TO THN LESSOR: BOARD OF COUNTY COMMISSIONERS,
DATED:644.2},-:-e— ,-7 )-‘,1--c-t(a COLLIER COUNTY
• ATI:E.ST9t', '.:-,.;
DW461IT. cK,Clerk BY: --- :•:5 :7c:,:g _,...,-'
• , .
,•• •• FRANK HALAS,Chairman
O.
.., a.puty 0104114st *1 to Chairman s
, .419:111tura oni•
0 Approved as to form an e al ufficiency:
. r T,
**1111N
Thomas C.Pal r,Assistant ounty Attorney 41,
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4/26/2016 16.E.4.
Lease 751
FIRST AMENDMENT TO LEASE
IssO DROP ANCHOR MOBILE HOMEOWNERS ASSOCIATION,INC.
THIS FIRST AMENDMENT TO LEASE is entered into this day of y � ,2006,at Naples,
Collier County,Florida,by and between Collier County, a political subdivision of the State of Florida,whose
mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, "LESSOR" and Drop Anchor Mobile
Homeowners Association,Inc., a Florida Corporation, whose mailing address is 414 Papaya Street, P.O, Box
• 308,Goodland,Florida 34140,"LESSEE."
WITNESSETH
WHEREAS,LESSEE and LESSOR entered into the subject Lease Agreement,dated April 30, 1991;and
WHEREAS,LESSEE and LESSOR desire to amend that Lease by extending the lease term for an additional ten
(10)years and to authorize either party to terminate the Lease without cause,as specified in revised Article 2.
NOW,THEREFORE,the original Lease is hereby amended only as follows:
1. This Article 2 of the Lease Agreement replaces and supersedes Article 2 in the original Lease.
"ARTICLE 2. Term of Lease. Effective May 1,2006,this Lease is extended ten(10)years-to April
30, 2016. Notwithstanding anything in this Lease, either party may terminate this Lease without cause by
providing the other party with not less than sixty (60) days advance written notice of the terminating party's
intent to terminate delivered to the then existing correct mailing address of the non-termination party."
2. Except as expressly provided herein,the original Lease remains in full force.
LESSEE:
AS TO THE LESSEE: DROP ANCHOR MOBILE 6 MEOWNERS
i o�-cd ASSOCIATI•N,% C.
BY: At
ess'gnature) M •it •A` t.-
First Witness(print name)
Second Witness(signature)
Second Witness(print name)
LESSOR:
AS TO TH LESSOR: BOARD OF COUNTY COMMISSIONERS,
DATED: ° °tO COLLIER COUNTY
DWyQHT.F. `GcK,Clerk BY: olrrsG''
FRANK HALAS,Chairman
, Ili
e eputy Cler1cAttest as to Oa I ratan s
,;,:signature onl■ •
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Approved:as to form an e al ufficiency:
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Thomas C.Pal r,Assistant ounty Attorney
Packet Page -2222-
4/26/2016 16.E.4.
Drop Anchor Mobile Homeowners Association LLC
Aerial of Encroachment
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Packet Page -2223-