Agenda 05/26/2015 Item #16B1 5/26/2015 16.B.1.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners (BCC), acting in its capacity as the
Community Redevelopment Agency (CRA), approve the attached lease agreement between the
CRA and The Southwest Florida Workforce Development Board, Inc. for the continued use of the
Immokalee CRA's office space in Immokalee.Fiscal impact: $43,532.64(24 months).
OBJECTIVE: To obtain CRA approval of the attached lease agreement allowing the Immokalee CRA
to continue, for a period of up to 24 months, its occupancy of office space within the Southwest Florida
Works facility located at 750 South Fifth Street,Immokalee,FL 34142.
CONSIDERATIONS: On May 28,2013, item 14B1,the CRA approved entering into a lease agreement
with the Southwest Florida Workforce Development Board to lease 760 square feet of office space to
house CRA staff in Immokalee. That lease document covered the period July 1, 2013 through June 30,
2015.The attached lease agreement will allow the CRA to maintain occupancy of its existing office space
for the period July 1,2015 to June 30,2016,with an option for a renewal term until June 30,2017.
Monthly rent is presently $1813.86,and is not increased in the proposed Lease Agreement. The proposed
Lease Agreement is substantially identical to the prior Lease Agreement with the exception of the default
provision.
Notable provisions include:
• First term is July 1,2015 to June 30,2016,with an option for a renewal term until June 30,2017;
• Monthly Rent is$1813.86 for the First Term and Renewal Term;
• Janitorial services are provided by Lessor;
• Interior maintenance and repairs are provided by Lessor;
• Utilities are provided by Lessor and Lessee is responsible for telephone and internet;
• Failure to pay rent within 15 days of the due date is considered a monetary default allowing the
Lessor to remove Lessee's property, terminate the Lease, and accelerate the rent and all monies
due and charge the Lessee attorney's fees and costs. Lessor is required to give the Lessee a 30
day opportunity to cure other types of default;
• Lessor to pay all real estate tax and fire insurance premiums;
• Lessee may terminate the Lease Agreement, without penalty, with 90 days of advanced written
notice.
FISCAL IMPACT: The FY2015 CRA Budget 186-138324 has been programmed with $21,766.32 to
cover the cost of the initial 12 month rental period.The FY2016 CRA budget will be programmed with an
equal amount to cover the second 12 month rental period.
CONSISTENCY WITH GROWTH MANAGEMENT PLAN: This lease agreement will allow CRA
staff to continue furthering the programs and projects within the budgetary and policy guidance and
directives of the BCC acting as the CRA Board in furtherance of Policy 4.2 of the Future Land Use
Element of the Growth Management Plan which reads as follows:
"The Immokalee Area Master Plan addresses conservation, future land use, population, recreation,
transportation, housing, and the local economy. Major purposes of the Master Plan are coordination of
land uses and transportation planning redevelopment or renewal of blighted areas, and the promotion of
tTh economic development."
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ADVISORY BOARD RECOMMENDATION: During its regular monthly meeting on March 18, 2015
the Immokalee CRA Local Advisory Board approved a motion by unanimous vote recommending the
CRA Board execute the attached lease agreement, housing the Immokalee CRA staff at 750 South Fifth
Street,Immokalee,FL for an additional two-year period.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval. -JAB
RECOMMENDATION: Recommendation that the Board of County Commissioners (BCC), acting in
its capacity as the Community Redevelopment Agency(CRA),approve the attached lease agreement.
By:Bradley Muckel
Operations Manager
Collier County Community Redevelopment Agency-Immokalee
Attachments:
1) Lease Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.B.16.B.1.
Item Summary: Recommendation that the Board of County Commissioners (BCC), acting
in its capacity as the Community Redevelopment Agency (CRA), approve the attached lease
agreement between the CRA and The Southwest Florida Workforce Development Board, Inc.
for the continued use of the Immokalee CRA's office space in Immokalee. Fiscal impact:
$43,532.64 (24 months).
Meeting Date: 5/26/2015
Prepared By
Name: MuckelBradley
Title: CRA Operations Manager, Immokalee County Redevelopment Agency
5/1/2015 1:49:33 PM
Submitted by
Title: CRA Operations Manager, Immokalee County Redevelopment Agency
Name: MuckelBradley
5/1/2015 1:49:34 PM
Approved By
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 5/5/2015 10:06:54 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/5/2015 10:36:18 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 5/5/2015 10:47:51 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
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Date: 5/5/2015 12:33:53 PM
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REGION 24
SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD
LEASE AGREEMENT
LEASE NO.:
THIS LEASE AGREEMENT (this "Lease") is made and entered into as of this
day of May, 2015 A.D. between Southwest Florida Workforce Development Board, Inc., a
Florida not-for-profit corporation ("Lessor"), having an address of 9530 Marketplace Road, Unit
104, Fort Myers, FL 33912 and whose Federal Identification Number (F.E.I.D. or S.S.) is 65-
0778245, and the Board of County Commissioners of Collier County, Acting as the
Community Redevelopment Agency ("Lessee"), having an address of 3299 Tamiami Trail,
Naples, Florida 34112.
WITNESSETH:
Lessor, for and in consideration of the covenants and agreements hereinafter mentioned
to be kept and performed by Lessee, has demised and leased to Lessee, for the term and under
the conditions hereinafter set out, those certain premises located in the Southwest Florida Works
building located at 750 South Fifth Street, Immokalee, FL 34142, described as follows: 760
square feet of the building comprised of Rooms 602, 603, 604, 510 and 200 sq. ft. of open area
adjacent to Room 603 as designed by Lessor and a portion of the shared data room as designed
by Lessor for Lessee's equipment, located at 750 South 5th Street, Immokalee, Florida 34142
("Premises") at the rate of$see Rent Addendum "A"which is incorporated herein by reference.
Article 1. TERM
TO HAVE AND TO HOLD the above described Premises for a term commencing on
the 1st day of July, 2015 to and including the 30th day of June, 2016 (the "Term"), subject to the
right to renew as provided in Article 18.
Article 2. RENT
Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the Premises for the
Term set out in this Lease and Lessee agrees to pay as rent to Lessor the sum stated in
Addendum "A" per month for the Term and, if applicable, the sum as specified in Addendum
"A" for renewal periods as provided in Articles 1 and 18 of this Lease. The rent for any
fractional part of the first month shall be prorated. Rent shall be paid to Lessor on the first day
of the month at the following address:
Southwest Florida Workforce Development Board, Inc.
Attention: Mr. Michael Egan
9530 Marketplace Road, Unit 104
Fort Myers, Florida 33912
Lessor reserves the right to impose a 5% late charge upon each rent installment not received by
Lessor by the tenth of each month in addition to any and all other rights and remedies available
under this Lease and applicable law for a Lessee default.
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In addition to the rental payment, Lessee shall pay the sum of $N/A per month, which shall
represent Lessee's share of the collocated costs for the rental period.
Article 3. HEATING,AIR CONDITIONING AND JANITORIAL SERVICES
l.a. Lessor agrees to furnish to Lessee heating and air conditioning equipment and
maintain same in satisfactory operating condition at all times for the Premises during the Term of
the Lease at the expense of Lessor.
b. Lessor agrees to maintain thermostats in the Premises to achieve an average zone
temperature of 78 degrees Fahrenheit during the heating and cooling seasons and certifies to the
best of its knowledge at the time of this Lease that boilers herein have been calibrated to permit
the most efficient operation.
2. Lessor agrees to furnish janitorial services and all necessary janitorial supplies
including the provision of recycling trash disposal for the Premises during the Term of the Lease
at the expense of Lessor.
3. All services required above shall be provided during Lessee's normal working hours,
which are normally from 7:30 a.m. to 5:30 p.m., Monday through Friday excluding State
holidays.
Article 4. LIGHT FIXTURES
1.a. Lessor agrees to install in the Premises light fixtures for the use of Lessee.
b. Lessor shall be responsible for replacement of all bulbs, lamps, tubes and starters
used in such fixtures for the purpose of furnishing light.
2. Lessor certifies that the lighting levels within the Premises are maintained at and
do not exceed the following levels: 10 footcandles in halls and corridors; 30 footcandles in other
public areas; a minimum of 50 footcandles in office, conference rooms, and other levels as set
forth in the State Energy Management Plan,Volume II, Section F.
Article 5. MAINTENANCE AND REPAIRS
1. Lessor shall provide for interior maintenance and repairs in accordance with
generally accepted good practices, including repainting, the replacement of worn or damaged
floor covering and repairs or replacement of interior equipment as may be necessary due to
normal usage. Lessee shall, during the Term of this Lease, keep the interior of the Premises in as
good a state of repair as it is at the time of the commencement of this Lease, reasonable wear and
tear and unavoidable casualties excepted.
2. Lessor shall maintain and keep in repair the exterior of the Premises during the
Term of this Lease and shall be responsible for the replacement of all windows broken or
damaged in the Premises, except such breakage or damage caused to the exterior of the Premises
by Lessee, its officers, agents or employees.
3. Lessor shall maintain the interior and exterior of the Premises including grounds
and parking area so as to conform to all applicable health and safety laws, ordinances and codes
which are presently in effect and which may subsequently be enacted during the Term of this
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.-. Lease and any renewal periods.
4. Lessor agrees to furnish pest control services for the Premises during the Term of
the Lease at the expense of Lessor.
5. Lessee agrees to pay for the repairs for any damage to the Premises caused by
Lessee.
Article 6. UTILITIES
Lessor will promptly pay all gas, water, sewer, solid waste, power and electric light rates
or charges which may become payable during the Term of this Lease for the gas, water, sewer
and electricity used and disposal of solid waste generated by Lessee on the Premises. Lessee
shall pay for all other separately metered utilities including telephone and internet service.
Article 7. ACCESSIBILITY STANDARDS AND ALTERATIONS
a. Lessor agrees that the Premises now conform, or that prior to Lessee's occupancy,
said Premises shall, at Lessor's expense, be brought into conformance with the requirements of
the Florida Americans With Disabilities Accessibility Implementation Act, Section 553.501 -
553.513, Florida Statutes, and the current Florida Disability Code for Building Construction,
providing requirements for persons with disabilities and with the requirement of Public Law 101-
336 enacted July 26, 1990, effective January 26, 1992, Section 28 CRF Part 35 and Appendix to
Section 36 CRF Part 1191, known as the"Americans with Disabilities Act of 1990."
b. Lessee shall have the right to make any non-structural alterations in and to the
Premises during the Term of this Lease upon first having obtained the written consent thereto of
Lessor. Lessor shall not capriciously withhold the consent to any such alterations. Lessee shall
be responsible at its sole cost and expense for making certain all alterations comply with all
provisions set forth in subsection a above.
Article 8. INJURY OR DAMAGE TO PROPERTY ON PREMISES
All property of any kind that may be on the Premises during the continuance of this Lease
shall be at the sole risk of Lessee, and except for any negligence of Lessor, Lessor shall not be
liable to Lessee for loss or damage to the property.
Article 9. FIRE AND OTHER HAZARDS
1. In the event that the Premises, or the major part thereof, are destroyed by fire,
lightning, storm or other casualty, Lessor at its option may forthwith repair the damage to such
Premises at its own cost and expense. The rental thereon shall cease until the completion of such
repairs and Lessor will immediately refund the pro rata part of any rentals paid in advance by
Lessee prior to such destruction; should the Premises be only partly destroyed, so that the major
part thereof is usable by Lessee, then the rental shall abate to the extent that the injured or
damaged part bears to the whole of such Premises and such injury or damage shall be restored by
Lessor as speedily as is practicable and upon the completion of such repairs, the full rental shall
commence and the Lease shall then continue the balance of the Term.
2. Lessor shall provide for fire protection during the Term of this Lease in accordance
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with the fire safety standards of the State Fire Marshal. Lessor shall be responsible for
maintenance and repair of all fire protection equipment necessary to conform to the requirements
of the State Fire Marshal. Lessor agrees that the Premises shall be available for inspection by the
State Fire Marshal,prior to occupancy by Lessee, and at any reasonable time thereafter.
3. Lessor certifies that no asbestos was used in the construction of the Premises or that if
asbestos was used, actions have been completed to correct the hazards caused by the use of
asbestos.
4. Lessor certifies that if any radon is present, it is at a measurement level less than 4
PCl/L.
Article 10. EXPIRATION OF TERM
At the expiration of the Term, Lessee will peaceably yield up to Lessor the Premises in
good and tenantable repair. It is understood and agreed between the parties that Lessee shall
have the right to remove from the Premises all personal property of Lessee and all fixtures,
machinery, equipment, appurtenances and appliances placed or installed on the Premises by it,
provided Lessee restores the Premises to as good a state of repair as they were prior to the
removal.
Article 11. SUBLETTING AND ASSIGNMENT
Lessee shall have no right to sublet all or any part of the Premises or to assign all or any
part of the Premises without obtaining prior written consent of Lessor.
Article 12. WAIVER OF DEFAULTS
The waiver by Lessee of any breach of this Lease by Lessor shall not be construed as a
waiver of any subsequent breach of any duty or covenant imposed by this Lease.
Article 13. RIGHT OF LESSOR TO INSPECT
Lessor, at all reasonable times, may enter into and upon the Premises for the purpose of
viewing the same and for the purpose of making any such repairs as it is required to make under
the terms of this Lease.
Article 14. DEFAULT
a. Monetary Default. If Lessee shall fail to pay rent or any other sums under this
Lease within fifteen (15) days of the date when due under this Lease, then Lessee shall be in
immediate default hereunder without notice and Lessor shall have those remedies set forth in
subsection d.
b. Non-Monetary Defaults. If Lessee fails to perform any of the other non-monetary
covenants, duties, agreements, undertakings or terms of this Lease, Lessor shall give Lessee
thirty (30) days written notice to cure the same or to commence to cure the same and diligently
prosecute to completion if the same cannot be cured within a thirty (30) day period. If Lessee
does not cure the breach or begin to take such material steps and institute and diligently
prosecute to completion such actions as will cure such breach (if same cannot be cured) within
thirty (30) days after Lessor gives notice, then Lessee shall be immediately in default hereunder
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without further notice and Lessor shall have those remedies set forth in subsection d below.
c. If the Premises are deserted, vacated, or not used then Lessee shall have twenty
(20) days to cure such non-use after notice thereof from Lessor, failing which Lessee shall be in
immediate default hereunder without further notice and Lessor shall have those remedies set
forth in the subsection d below. The foregoing shall apply even though Lessee may continue to
pay rent or other charges during the period of non-use.
d. If the Lessee is in default under this Lease then the Lessor, in addition to all the
rights and remedies granted under the laws of the State of Florida and not as a limitation thereof,
shall have any or all of the following rights: (1) to re-enter and remove all persons and property
from the Premises, and such property may be removed and stored in a public warehouse or
elsewhere at the cost of and for the account of Lessee; (2) to terminate the Lease and relet the
Premises for account of Lessor or within the sole discretion of Lessor the Premises may be relet
for the account of the Lessee; and (3) to accelerate all rent and any other monies due Lessor
under the Lease for the balance of the Term and declare the same to be immediately due and
payable. All rights and remedies granted to Lessor hereunder shall be cumulative and may be
exercised concurrently or successively. Failure to exercise any right or remedy shall not
constitute a waiver thereof, nor prevent any subsequent or concurrent resort to any right or
remedy. Upon default by Lessee under this Lease, Lessee shall pay all attorney's fees and costs
of Lessor in connection with said default prior to any litigation. In connection with any litigation
proceedings arising under this Lease, the prevailing party shall be entitled to recover reasonable
attorneys' fees and costs at all levels of litigation.
Article 15. ACKNOWLEDGMENT OF ASSIGNMENT
Lessee upon the request of Lessor shall execute such acknowledgment or
�-. acknowledgments, or any assignment, or assignments, of rentals and profits made by Lessor to
any third person, firm or corporation, provided that Lessor will not make such request unless
required to do so under a mortgage, or mortgages executed by Lessor.
Article 16. TAXES, INSURANCE AND COMMISSIONS
a. Lessor shall pay all real estate taxes and fire insurance premiums on the Premises.
Lessor shall not be liable to carry fire insurance on the person or property of Lessee or any other
person or property which may now or hereafter be placed in the Premises. Lessee shall maintain
comprehensive general liability insurance naming Lessor as additional insureds with coverages
no less than $1,000,000.00 per occurrence. Lessee shall deliver proof of such insurance no later
than thirty (30) days after the commencement date of the Lease and on each annual anniversary
date thereafter. Lessee shall pay personal property taxes applicable to its equipment and
furnishings and shall maintain its own insurance on property of Lessee.
b. Lessor agrees, covenants, certifies and warrants to Lessee that no portion of the rent
payable pursuant to Article 2 of this Lease Agreement is at an increased rate, above the going
rate of the building, based on or attributable to any commission or fee which is paid or is payable
by Lessor as the result of Lessor's having utilized or contracted for the services of any real
estate broker, salesman, agent or firm in any aspect of Lessor's dealings or any dealings
involving the leasing of the Premises to Lessee.
Article 17. USE OF PREMISES
Lessee will not make or suffer any unlawful, improper or offensive use of the Premises or
any use or occupancy thereof contrary to the laws of the State of Florida or to such Ordinances of
the City and/or County in which the Premises are located, now or hereinafter made, as may be
applicable to Lessee.
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Article 18. RENEWAL
Provided Lessee is not in default at the end of the Term and has not been in default of this
Lease on more than two (2) occasions in any twelve (12) month period (regardless of any
applicable cure or cure period) during the Term, Lessee is hereby granted the option to renew
this Lease, at the discretion of Lessee, for an additional period of one year ("Renewal Term").
All terms and conditions of this Lease are to remain the same during the Renewal Term and in
full force and effect, except that the monthly rent due from Lessee shall be as set forth in
Addendum "A". If Lessee desires to renew this Lease under the provisions of this Article,
Lessee shall give Lessor written notice not less than three months prior to the expiration of the
Term or any applicable renewal term. Lessee's failure to timely so notify Lessor in the above
manner shall automatically be deemed Lessee's waiver of Lessee's option for the Renewal Term.
Article 19. TERMINATION AND AVAILABILITY OF FUNDS
Lessee shall have the right to terminate, without penalty,this Lease provided that a ninety
day (90) advance written notice of intent to terminate is given, prior to termination, to Lessor by
Certified Mail, Return Receipt Requested. If the Federal Government or the State of Florida does
not contract with or provide funds to continues the services at the Immokalee One Stop, to
Lessee and Lessee must cease to operate, this Lease Agreement will be terminated and Lessee
must vacate the Premises as of the date of expiration of the contract or discontinuance of
funding. Lessee must provide Lessor with written substantiation as to the discontinuance of
funding or loss, expiration of contract.
Article 20. NOTICES AND INVOICES
All notices required to be served upon Lessor shall be served by Registered or Certified Mail,
Return Receipt Requested, at:
Southwest Florida Workforce Development Board, Inc.,
Attention: Mr. Mike Egan
9530 Marketplace Road, Unit 104, Fort Myers, Florida 33912
and all notices required to be served upon Lessee shall be served by Registered or Certified Mail,
Return Receipt Requested, at the address of Lessee at:
Board of County Commissioners
c/o Real Property Mgmt. Dept.
3301 Tamiami Trail East, Administration Bldg,Naples, Florida 34112
Article 21. LIMITATION OF LIABILITY AND INDEMNITY
To the extent permitted by law, and subject to Section 768.28, Florida Statutes, Lessee,
with respect to itself and its agents, employees, servants, and invitees, agrees to indemnify and
hold Lessor, its agents, employees, and invitees harmless of, from, and against all risks and
damages to persons and Property by reason of the present or future condition of the Premises.
Additionally, to the extent permitted by law, and subject to Section 768.28, Florida Statutes,
Lessee agrees to indemnify and hold Lessor, its agents, employees, and invitees harmless of,
from and against all claims, actions, damages, liabilities, and expenses asserted against Lessor
and/or Lessor on account of injuries to person or damage to property when and to the extent that
any such damage or injury may be caused wholly or in part, by any act or omission, whether
negligent or not, of Lessee or any of its agents, servants, employees, contractors, patrons, or
invitees(while such invitees are on the Premises) or of any other person entering on the Premises
under or with the expressed or implied invitation of Lessee, or if any such injury or damage may
in any other way arise from or out of the occupancy or use by Lessee, its agents, employees, and
invitees, of the Premises. Nothing in this paragraph is considered a waiver of sovereign
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immunity by Lessee.
Article 22. DEFINITION OF TERMS
(a) The terms "Lease," "Lease Agreement," or "Agreement" shall be inclusive of each other
and shall also include any renewals, extensions or modifications of this Lease.
(b) The terms "Lessor" and "Lessee" shall include the successors and assigns for the parties
hereto.
(c) The singular shall include the plural and the plural shall include the singular whenever
the context so requires or permits.
Article 23. ADDITIONAL TERMS
(Check One)
XX All additional covenants or conditions appear on attached Addendum(s) "A, which is
incorporated as part of this Lease Agreement."
No additional covenants or conditions form a part of this Lease.
Radon Gas Disclosure. Radon is a naturally occurring radioactive gas that when it has
accumulated in a building in sufficient quantities, may present health risk to persons who are
exposed to it over time. Levels of radon that exceed Federal and State guidelines have been
found in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from the county public health unit. This notice is given pursuant to Section 404.056(8),
Florida Statutes.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument
for the purpose herein expressed, the day and year above written.
ANY LEASE SHALL NOT BECOME LEGALLY EFFECTIVE UNTIL
APPROVED/ACCEPTED BY THE SOUTHWEST FLORIDA WORKFORCE
DEVELOPMENT BOARD.
ORIGINAL SIGNATURES REQUIRED ON ALL COPIES
ATTEST: LESSEE:
DWIGHT E. BROCK, CLERK Board of County Commissioners of Collier
County, Florida in its Capacity as the
Collier County Community Redevelopment
By: Agency
• , Deputy Clerk
By:
Commissioner Donna Fiala, CRA Chair
AS TO LESSOR: LESSOR:
Southwest Florida Workforce Development
Board, Inc.
Witness (signature)
By:
(print name) Joe Paterno, its Executive Director
(SEAL)
Witness (signature)
(print name)
Approved as to form and
legality:
Jennifer A. Belpedio
Assistant County Attorney \k\�
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ADDENDUM "A"
MONTHLY RENTAL RATE SCHEDULE
760 Sq. Ft.
Effective 07/01/2015
TERM AMOUNT PER SO. FT. MONTHLY RENTAL
First Term $28.64 $ 1813.86
07/01/15 —06/30/16
One thousand eight
hundred thirteen dollars and
eighty-six cents
Renewal Term $28.64 $ 1813.86
07/01/16 - 06/30/17
One thousand
eight hundred thirteen dollars
and eighty-six cents
LESSEE: LESSOR:
Board of County Commissioners Southwest Florida Workforce
Collier County Acting as Collier County Development Board, Inc.
Community Redevelopment Agency
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