Agenda 04/14/2026 Item #16B4 (Purchase ans Sale Agreement between Collier County and the Trust for Public Land)4/14/2026
Item # 16.B.4
ID# 2026-616
Executive Summary
Recommendation to approve a Purchase and Sale Agreement between Collier County and The Trust for Public Land for
acquisition of approximately 24.3 acres comprising approximately 1.5 miles of the Bonita-Estero Rail Corridor located in
Collier County at a purchase price of $11,642,069; authorize the Chair to execute the Agreement and any documents
required for participation in the Surface Transportation Board process, including the Seminole Gulf Railway Indemnity
Agreement; and authorize administrative amendments to the Purchase and Sale Agreement necessary to incorporate the
final legal description into Exhibit “A,” provided such amendments do not materially alter the scope of the transaction.
OBJECTIVE: To obtain Board approval of the Purchase and Sale Agreement and related documents necessary to
acquire fee simple title, through the Trust for Public Land, to approximately 24.3 acres comprising approximately 1.5
miles of the Bonita Estero Rail Corridor (Bonita-Estero Rail Corridor Segment) located within Collier County for
management of the corridor for interim public trail use as part of a coordinated regional rail-to-trail initiative.
CONSIDERATIONS: On March 10, 2026, the Board of County Commissioners (“Board”) approved Agenda Item
10.A authorizing the County Manager or designee to finalize a Purchase and Sale Agreement with The Trust for Public
Land for acquisition of approximately 24.3 acres comprising approximately 1.5 miles of the Bonita-Estero Rail Corridor
located within Collier County. The Board also increased pre-acquisition and due diligence funding by $50,000, resulting
in total authorized funding of $150,000, and directed staff to return with a finalized Purchase and Sale Agreement for
Board consideration.
Since that time, staff has continued coordination with The Trust for Public Land and the County Attorney’s Office to
finalize the transaction documents consistent with the Board’s prior direction.
The finalized Purchase and Sale Agreement provides for acquisition of the Collier County segment at a purchase price
of $11,642,069. The Agreement further provides that if the purchase price is not supported by appraisals in accordance
with Collier County Ordinance No. 07-28, the Board of County Commissioners, the County may terminate the
Agreement without penalty.
A legal description and sketch will be prepared by The Trust for Public Land based on a boundary survey required to be
completed prior to closing. Accordingly, this item, if approved, authorizes administrative amendments to the Purchase
and Sale Agreement necessary to incorporate the final legal description into Exhibit “A,” provided such amendments do
not materially alter the scope of the transaction.
Seminole Gulf Railway will retain ownership of the rail materials within the corridor and has up to 730 days after
conveyance to remove, after which any materials not removed will become the property of the County. The County may
require earlier removal if needed for the construction of the Veterans Memorial Parkway extension upon 90 days' notice
or remove such materials itself if SGLR does not comply. At closing, SGLR will execute an indemnity agreement,
acceptable to the County, to defend, indemnify, and hold the County harmless from claims arising out of its removal
activities, excluding incidental land disturbance.
The Purchase and Sale Agreement includes, as Exhibit “D,” the Interim Trail Use Agreement that will govern use of the
corridor following closing as part of the regional rail-to-trail initiative. Interim trail use may remain in place long term
and continue indefinitely if rail service is not reactivated.
The March 10 item also noted that the Memorandum of Agreement (“MOA”) between Collier County, the Trust for
Public Land, and regional partners, which establishes the cost-sharing framework for pre-acquisition due diligence
activities, expires on June 30, 2026, and that closing is expected after that date. As discussed at that time, an amendment
will be needed to address timing and maintain consistency with the due diligence cost-sharing framework. That
amendment is not being presented with this item. We will continue coordinating with the other governmental partners
and will return with any proposed amendment as the transaction progresses.
The corridor is expected to move through the Surface Transportation Board process associated with abandonment and
interim trail use. The Trust for Public Land would acquire the corridor interests for the project and convey the applicable
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4/14/2026
Item # 16.B.4
ID# 2026-616
segment to each participating governmental partner, after which the partners would assume ownership and proceed with
future management, planning, funding, design, and construction of trail improvements within their respective segments.
Exhibit “C” to the Purchase and Sale Agreement identifies the leases, licenses, and other agreements affecting the
Collier County segment. The agreements will be assigned and assumed by the County at closing. For ease of review,
summary sheets are included as backup to this item, which describes the key terms of the Purchase and Sale Agreement
and the Trail Use Agreement, attached as Exhibit “D.”
This acquisition supports the County’s Strategic Plan by expanding quality public amenities and recreational
opportunities through interim public trail use of the rail corridor. It also advances the Strategic Plan focus on developing
and utilizing partnerships to ensure County facilities and services meet public expectations.
FISCAL IMPACT: The agreement for the Collier County segment, which is approximately 24.3 acres of land, totals
$11,642,069. Approximately 0.5 +/- acres is necessary for the extension of Veterans Memorial Boulevard. Therefore,
$245,513.76 will be paid for by available road impact fees within Veterans Memorial Blvd Project 60198. The
remaining $11,396,555.24 of the acquisition will be paid from the Conservation Collier Land Acquisition Fund (1061).
Funding for additional pre-acquisition costs in the amount of $150,000 is available within Transportation Capital Fund
(3081), Pathways Project 60118. Estimated closing costs, currently projected at approximately $35,000, will be funded
from any remaining balance of the $150,000 previously authorized for pre-acquisition and due diligence activities. If no
remaining balance is available, such closing costs will be funded from Transportation Capital Fund (3081). Revenue
generated from the property, including any lease, license, or other use-related payments, will be deposited into the fund
from which the acquisition of the property was funded.
GROWTH MANAGEMENT IMPACT: This acquisition is consistent with the Transportation Element objectives
promoting multimodal transportation alternatives and the Parks and Recreation Element objectives supporting expansion
of public trail and recreation facilities.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval.
-SAA
RECOMMENDATION(S): That the Board of County Commissioners:
1. Approve the Purchase and Sale Agreement with The Trust for Public Land, and authorize the Chair to execute the
Agreement, all assignments of leases, licenses and other interests along with and any associated closing documents,
including administrative amendments necessary to incorporate the final legal description into Exhibit “A,” provided
such amendments do not materially change the scope of the transaction or the purchase price.
2. Authorize the Chair to execute any documents necessary for the County to participate in the Surface Transportation
Board process, including the Seminole Gulf Railway Indemnity Agreement.
3. Direct the County Manager or designee to complete all appropriate due diligence, closing, and recording activities.
4. Accept the conveyance of the Bonita-Estero Rail Corridor Segment for public trail, transportation, conservation, and
related public purposes.
PREPARED BY: Trinity Scott, Department Head, Transportation Management Services Department
ATTACHMENTS:
1. PSA_Collier 4.8.26
2. SGLR-Letter to Collier 03.09.2026 Indemnity for Railway Removal
3. SUMMARY OF KEY TERMS FOR AGREEMENTS 3.26.26 JAB (1)
4. MOU Seminole Railway 4.8.25 16B12 (For Reference)
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Item # 16.B.4
ID# 2026-616
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Seminole Gulf Railway
A LIMITED PARTNERSHIP
4110 Centerpointe Drive, Suite 207, Fort Myers, FL 33916
Telephone: (239) 275-6060 Facsimile: (239) 275-0581 Online: www.floridarail.com and www.semgulf.com
March 9, 2026
Collier County Commissioners c/o: Jennifer Belpedio, Mgr. Prop Acquisition
Atten: Chairman Burt Saunders Jennifer.Belpedio@collier.gov
3299 Tamiami Trail East
Naples, FL 34112
RE: Removal of Railroad Property in Collier County for Trail
Dear Collier County Commissioners,
As we understand was requested by the County, Seminole Gulf Railway, LP (“SGLR”) by this
letter confirms that pursuant to the AGREEMENT FOR PURCHASE OF RAILROAD REAL
PROPERTY FOR INTERIM TRAIL USE AND RAILBANKING between SGLR and the Trust for
Public Land (“TPL” or “Buyer”) along with CSX Transportation (“CSXT”) executed on February
18, 2026, SGLR has agreed to the following regarding the removal of “Railroad Property” in section
3 of the Agreement:
Notwithstanding the conveyance of the Property, SGLR explicitly retains ownership of all rail, and rail
fastenings and grade crossing signal equipment (the “Railroad Property”) and SGLR must remove such property
within Seven Hundred Thirty (730) days after closing (the “Removal Period”). Any Railroad Property not removed
within the Removal Period shall become the property of the Buyer or its successors in interest. Except as to land
disturbance, SGLR agrees to indemnify, defend and hold harmless Buyer, CSXT and their successors and assigns from
any against any claims, damage or loss resulting from such removal activity. Notwithstanding the foregoing, Buyer
shall have the option to purchase the Railroad Property at Closing for the sum of $1,000,000 (One Million Dollars).
Furthermore, if Buyer does not purchase the Railroad Property at Closing, Collier County may at any time after
Closing, and upon ninety (90) days advanced written notice to SGLR, require SGLR to remove its Railroad Property
from the proposed right-of-way of its proposed Veterans Memorial Parkway project if needed, in Collier County’s
sole discretion, for road construction purposes in order to extend Veteran’s Memorial Parkway across the Property. If
Collier County provides the advance notice to SGLR and SGLR does not remove Railroad Property from the proposed
right-of-way of its proposed Veterans Memorial Parkway within ninety (90) days from said notice, Collier County
shall have the right to remove the Railroad Property from the proposed right-of-way of its proposed Veterans
Memorial Parkway, and shall be entitled to retain ownership of such Railroad Property.
Please let me know if any further clarification is needed by Collier County. You may reach me
directly via email or by phone rfay@floridarail.com or 239-989-3516.
Respectfully,
Robert H. Fay
Executive Vice President
Cc: Doug Hattaway - TPL
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SUMMARY OF KEY TERMS
Bonita–Estero Rail Trail Acquisition
Collier County Segment
Purchase and Sale Agreement - Summary of Key Terms
Purchase Price and Costs
The purchase price of the Collier County segment is $11,642,069. If the purchase price is not supported by
appraisals in accordance with Collier County Ordinance No. 07-28, the County may terminate the
Agreement without penalty.
In addition to the purchase price, the County will be responsible for its share of due diligence and pre-
closing costs consistent with the Memorandum of Agreement dated April 8, 2025 (“MOA”), which provides
for equal sharing among the participating jurisdictions.
These costs may include appraisal services, environmental review, survey coordination, and other
customary due diligence activities ordered through The Trust for Public Land pursuant to the approved
Memorandum of Agreement. On March 10, 2026, the Board authorized up to $150,000 for the County’s
share.
At closing, the County will also be responsible for customary purchaser closing costs, including title
insurance, recording fees, and related transaction expenses.
Due Diligence and Termination Rights
The Purchase and Sale Agreement provides a due diligence period (“Inspection Period”) from the effective
date through September 29, 2026, during which the County may terminate the Agreement in its sole
discretion. Seller deliverables during due diligence include, among other items, a title commitment within
60 days, Phase I and, if necessary, Phase II environmental site assessment reports within 120 days, and a
boundary survey within 150 days.
If the County determines that title conditions, environmental conditions, survey results, or other due
diligence findings are unacceptable, the County may terminate the Agreement prior to the expiration of the
Inspection Period.
Closing and Conditions
Closing is required to be scheduled on or before October 23, 2026, and is contingent upon approval by the
Surface Transportation Board and issuance of a Notice of Interim Trail Use.
Assignment of leases and other contracts
Exhibit “C” to the Purchase and Sale Agreement identifies certain leases and other agreements affecting
the Bonita Estero Rail Trail. At closing, the Seller will assign to the County those agreements applicable to
the Collier County segment. These agreements include, but are not limited to, the leases, licenses, and
related agreements affecting the Bonita Estero Rail Trail, including agreements with adjacent land users,
public and private roadway crossings, underground utility and water and sewer mains, temporary
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storage/railhead use arrangements, and a wireless communications tower agreement reflecting third-party
rights within the corridor.
The Trust for Public Land is in the process of obtaining a complete package of all of licenses and related
agreements and will provide them to the County upon receipt; the items listed in Exhibit C reflect those
presently known, and the County will review such documents during its due diligence period.
Rail Retention and Removal
SGLR will retain ownership of the existing rail materials and signal equipment and will have 730 days after
Seller’s acquisition to remove them at its sole cost, after which any unremoved items will belong to the
County.
At closing, the County must receive an acceptable indemnity agreement from SGLR covering claims arising
from SGLR’s removal activities, excluding incidental land disturbance, and during the removal period the
County may require removal within the proposed Veterans Memorial Parkway right-of-way upon 90 days’
notice or remove the materials itself if SGLR does not do so.
Post Closing Deed Restrictions:
Following closing, the deed conveying the property will include recorded use restrictions limiting the
corridor to recreational trail use and related public infrastructure purposes while preserving the potential
for future rail reactivation under the federal railbanking program.
Legal Description:
The final legal description will be prepared based on the boundary survey required under the Purchase and
Sale Agreement and incorporated into Exhibit “A” prior to closing.
The survey will confirm the final corridor boundaries and acreage, and the legal description may be updated
as necessary to conform to the survey and title requirements.
IMPORTANT: This item, if approved, authorizes administrative amendments to the Purchase and Sale
Agreement necessary to incorporate the final legal description into Exhibit “A,” provided such amendments
do not materially alter the corridor limits, acreage, or Purchase Price approved by the Board.
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Interim Trail Use Agreement (Exhibit “D” to the Purchase and Sale Agreement)
Summary of Key Terms
At closing, the parties will execute an Interim Trail Use Agreement under which Collier County will
become the designated Trail Sponsor and Interim Trail Manager for the Collier County segment of the
corridor. Under this agreement, the County will assume responsibility for management of the right-of-way,
applicable legal liability associated with trail use to the extent permitted by Florida law, and payment of
any taxes assessed against the corridor. The agreement establishes the framework governing interim trail
use while preserving the corridor for potential future rail service under the federal railbanking program.
Federal Railbanking Framework
The corridor will remain subject to the Surface Transportation Board’s Notice of Interim Trail Use (NITU),
which allows the corridor to be used as a recreational trail while preserving it for potential future
reactivation of rail service under federal law.
County Responsibilities
As Interim Trail Manager, the County will assume responsibility for management of the corridor and legal
liability associated with trail use to the extent permitted by Florida law. In connection with conversion of
the corridor to trail use, the County may also be required to implement a soil management plan if
environmental conditions warrant, including measures such as capping portions of the former rail bed,
managing excavated soils during construction, and conducting periodic inspections to ensure protection of
the public from potential exposure to historic rail corridor soils.
Future Rail Reactivation Protections
If rail service is reactivated in the future and the corridor must be reconveyed for rail use, the agreement
requires compensation to the County for the depreciated value of trail improvements constructed on the
corridor and an additional payment based on the County’s purchase price adjusted by the Consumer Price
Index (CPI). The agreement also limits transfer of rail reactivation rights to a third party unless the County
supports the reactivation and reaches a satisfactory compensation arrangement.
Recognition Signage
The agreement allows recognition signage acknowledging the role of Collier County and The Trust for
Public Land in conserving the corridor, with the design and location of signage subject to mutual approval.
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MEMORANDUM OF AGREEMENT
BO NIT A ES TERO RAIL TRAIL
Located within Lee and Collier Counties, Florida
t 6 B 1 2
This Memorandum of Agreement ("Agreement") is made and entered into by and between The
Trust for Public Land, a California nonprofit corporation ("TPL"), Collier County, a political
subdivision of Florida, by and through its Board of County Commissioners, ("Collier County"),
the City of Bonita Springs, a municipal corporation of the State of Florida ("Bonita Springs") and
the Village of Estero, a municipal corporation of the State of Florida ("Estero").
WHEREAS, TPL, Collier County, Bonita Springs and Estero desire to acquire an approximately
11 .4-mile railroad corridor and associated lands owned by Seminole Gulf Railway, L.P. ("SGLR")
located in Lee and Collier Counties as depicted in Exhibit "A" attached hereto ( collectively
referred to herein as the "Tract"); and
WHEREAS the purpose of said acquisition is to develop a rails to trails projects wherein the
railroad right-of-way (ROW) corridor is converted from rails to a pedestrian and bike trail and;
WHEREAS Collier County, Bonita Springs and Estero (and the Lee County Metropolitan Planning
Organization) have previously cooperated to develop and submit federal grant applications to
purchase this railroad corridor and develop this rails to trail project and;
WHEREAS, the parties agree that it is in the best interest of Collier County, Estero and Bonita
Springs and TPL to cooperate on certain aspects of this project; and
WHEREAS, the TPL has agreed to take the lead in ordering preliminary due diligence products,
including but not limited to appraisals, appraisal reviews, boundary surveys or sketches, title
search products, environmental assessments and the like in order to facilitate the acquisition of the
Tract by Collier County, Bonita Springs and Estero;
NOW, THEREFORE, in consideration of the mutual benefits to Collier County, Bonita Springs,
Estero, and TPL it is agreed that:
1.Parcels Covered by this Agreement: The Tract of land identified in Exhibit "A", attached,
are the only parcels of land subject to this Agreement.
2.Pre-Acquisition Requirements and Costs: TPL, when it deems appropriate, will acquire and
initially pay for all pre-acquisition due diligence products, including but not limited to
appraisals, appraisal reviews, boundary surveys or sketches, title search products,
environmental assessments and the like and any other studies, inspections to accurately value
and ascertain the actual condition of the Tract ("Pre-Acquisition Costs"). TPL shall follow all
the rules and requirements of Collier County, Bonita Springs, and Estero, included herein, so
that the due diligence products may be relied upon by all parties. TPL will procure the cost
estimate and engagement letter for each of the Pre-Acquisition Costs and allow Collier County,
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Bonita Springs and Estero to review for approval prior to engagement. Upon written approval
from each party to proceed, TPL will order the due diligence product and then invoice each
party for reimbursement. The Pre-Acquisition Costs will be provided to the parties for review
and approval and, if approved, split equally between the three (3) parties (Collier County,
Bonita Springs, and Estero ). TPL shall provide a copy of all due diligence products to all parties
within 3 business days after completion.
a.Appraisal(s). Collier County, Bonita Springs, Estero and TPL previously jointly funded the
completion of an independent appraisal with an effective date of September 9, 2020. TPL,
at its sole cost, has procured an updated appraisal with an effective date of March 13, 2024
completed by the same independent appraiser (the "Appraiser"). TPL will provide a copy
of this appraisal report available upon request. Collier County, Bonita Springs, Estero and
TPL all likely will require an additional update of the appraisal prior to acquisition and
possibly a second independent appraisal report or appraisal review report(s). Parties agree
to collaborate with the completion of any appraisal report update, additional appraisal(s)
and review appraisal(s).
b. Title Review. TPL has already obtained a title commitment for the Tract, which will be
made available to the pa11ies to review. Collier County, Bonita Springs, and Estero may
review the title commitment and will provide TPL notice of any title objections.
c.Environmental Site Assessment. TPL will contract with an environmental consultant to
conduct a Phase I Environmental Site Assessment ("ESA") of the Tract, naming all parties
to this Agreement as intended users that may rely on the report. Should a Phase 2 ESA be
recommended, the parties acknowledge that any testing protocol will be agreed to in
advance by all parties.
d.Boundary Survey. TPL will contract with a professional land surveyor to conduct an AL TA
survey of the Tract. The survey will be certified to all parties that may take title to the Tract
or a portion thereof.
3.Acquisition, Construction, and Management Responsibilities. Estero, Bonita and Collier
County will work to reach agreement regarding collective or cooperative responsibility to raise
the acquisition, construction and management funding necessary to complete the trail.
4.Confidentiality: The parties will maintain the confidentiality of all appraisals. Regardless of
anything contained herein, parties governed by Chapter 119, Florida Statutes, shall maintain
confidentiality subject to the terms and limitations set forth in section 125.355, F.S. and other
applicable law. All parties shall disclose confidential information to their employees on a
"need to know" basis only.
5.Steering/Coordinating Committee. Estero, Bonita, and Collier agree to form and participate in
a steering committee comprised of one elected official from each local government and a lead
staff member. TPL and Friends of BERT will designate a liaison to this committee as well.
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This committee will meet regularly to discuss and coordinate activities associated with the
purchase of the rail corridor.
6.Terms and Conditions of Transfer: TPL holds site control of the Tract pursuant to a binding
purchase agreement with SGLR. TPL shall offer Collier County, Bonita Springs and Estero
the opportunity to enter into a purchase agreement with TPL for the purchase of the Tract from
TPL subsequent to TPL's acquisition of the Tract.
7.Notices and Pre-Acquisition Invoices:
a.Collier County-County Manager, 3299 Tamiami Trail East, Suite 202, Naples,
FL 34112-5746. Telephone: (239) 252-8383
b.Bonita Springs -City Manager, 9101 Bonita Beach Road, Bonita Springs, FL 34135.
Telephone (239) 949-6262
c.Estero -Village Manager 9401 Corkscrew Palms Circle, Estero, Fl 33928. Telephone;
239.221.5035. Email: info@estero-fl.gov*
d.TPL -Southeast Region Conservation Director. 1834 Hermitage Blvd, St. 100,
Tallahassee, FL 32308. Telephone: (850) 212-6859. Email: doug.hattaway@tpl.org and
legal-notices@tpl.org
8.Termination: Notwithstanding any provision to the contrary, this Agreement shall terminate
no later than June 30, 2026. Any approved Pre-Acquisition Costs incurred by TPL prior to
this date will be reimbursed pursuant to the terms herein. Any costs incurred after June 30,
2026 will not be reimbursed.
9.Assignment of Interest. No party will assign or transfer any interest in this Agreement
without prior written consent of the other parties.
10.Successors and Assigns. The Parties each bind the other and their respective successors and
assigns in all respects to all of the terms, conditions, covenants, and provisions of this
Agreement.
11.Third Party Beneficiaries. This Agreement does not create any relationship with, or any
rights in favor of, any third party.
12.Severability. If any provision of this Agreement is declared void by a court of law, all other
provisions will remain in full force and effect.
13.Non Waiver. The failure of any party to exercise any right in this Agreement shall not be
considered a waiver of such right.
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14.Governing Law and Venue. This Agreement is governed in accordance with the laws of the
State of Florida. Venue shall be in Lee County.
15.Attachments. All exhibits attached to this Agreement are incorporated into and made part of
this Agreement by reference.
16.Amendments. The parties may amend this Agreement only by mutual written agreement of
the parties.
17.Captions and Section Headings. Captions and section headings used herein are for
convenience only and shall not be used in construing this Agreement.
18.Counterparts. This Agreement may be executed in any number of and by the different parties
hereto on separate counterparts, each of which when so executed shall be deemed to be an
original, and such counterparts shall together constitute but one and the same instrument.
19.Construction. This Agreement shall not be construed more strictly against one party than
against the other merely by virtue of the fact that it may have been prepared by one of the
parties. It is recognized that both parties have substantially contributed to the preparation of
this Agreement.
20.Entire Agreement. This Agreement constitutes the entire Agreement and supersedes all prior
written or oral agreements, understandings, or representations.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed for the uses
and purposes therein expressed on the day and year first above-written.
THE TRUST FOR PUBLIC LAND, a California nonprofit corporation
By:
Its: -----------------
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COLLIER COUNTY, FLORIDA
By &# ft'-,&
Burt L. Saunders, Chair
Board of County Commissioners
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(SEAL)
1 6 B 1 2
APPROVED AS TO FORM
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