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Item P8 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 17, 2014 Division: County Administrator Bulk Item: Yes No X Staff Contact Person: Natileene Cassel Contract# 292-3470 AGENDA ITEM WORDING: Approval of Amendment to Commercial Purchase and Sale Agreement between Oceanside Investors,LLC and Pritam Singh(Oceanside) dated August 20, 2014 for the purchase of the Hickory House property, extending the closing date from November 19, 2014 until December 11, 2014; this additional time is needed to accomplish amendments to the Major Conditional Use and Development Agreement to include public access as agreed by the parties.. ITEM BACKGROUND: Oceanside has requested that the Commercial Purchase and Sale Agreement be amended to extend the closing on the Hickory House project from November 19,2014 until December 11, 2014. The BOCC mandated and Oceanside has agreed to insure public access to the present Hickory House property by amendment to the existing Major Conditional Use approval, Planning Commission Resolution 04-2014 and Development Agreement dated December 11, 2013. The requirements included amendments to the Major Conditional Use and Development Agreement as a condition of approval are as follow: (1)the "continuation of a boardwalk or walkway along the western shoreline of the Property to enhance public access to the waterfront which shall be open to the public free of charge from dawn to dusk three hundred sixty-five (365) days per year", (2) "Buyer may establish and enforce reasonable rules related to use of the boardwalk and conduct by the public while using the boardwalk or walkway from dawn to dusk", and(3) "Buyer agrees that no physical barrier may be erected to close off access or create the appearance that access during daylight hours is restricted." Oceanside has made application to amend the Major Conditional Use and the Development Agreement to reflect these terms. The amendment to the Major Conditional Use is set for public hearing before the Planning Commission on November 19,2014. However the amendment to the Development Agreement must be approved by the Development Review Committee, Planning Commission(public hearing November 19, 2014) and Board of County Commissioners. The public hearing before the BOCC cannot be accomplished until the BOCC meeting on December 10, 2014 in Marathon. The amended closing date is the day after the BOCC meeting on December 11, 2014. PREVIOUS RELEVANT BOCC ACTION: In August 2006, the County purchased the property located at 5948 Peninsula Avenue, Stock Island, Florida. Attempts to purchase were either cancelled by the purchaser, or rejected by the BOCC in August 27, 2008,August 19, 2009,November 19, 2009, October 20, 2010 and September 21, 2011. On August 20, 2014 the BOCC approved the Commercial Purchase and Sale Agreement with Oceanside Investors, LLC. and Pritam Singh, individually for the purchase of the Hickory House property from the County. CONTRACT/AGREEMENT CHANGES:Extend the closing date of the sale from November 19,2014 until December 11, 2014. STAFF RECOMMENDATIONS:Approval TOTAL COST: -0- BUDGETED: Yes N/A No LOCAL PREFERENCE: N/A COST TO COUNTY: -0- SOURCE OF FUNDS: REVENUE PRODUCING: Yes_ No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management_ DOCUMENTATION: Included X Not Required DISPOSITION• AGENDA ITEM# MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Oceanside Investor/Singh Contract# Effective Date: Expiration Date: Contract Purpose/Description: Amendment to Purchase and Sale Agreeement on Hickory House Property this is an extension of closing date only no financial changes Contract Manager: Natileene Cassel 3580 County Adminnistrator (Name) (Ext.) (Department/Stop#) for BOCC meeting on 10-17-14 A enda Deadline: 9-30-14 CONTRACT COSTS Total Doll ar Value of Contract: $ no change � Current Year Portion: $ Budgeted? Yes® No El Account Codes: Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e .maintenance, utilities, 'anitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director YesQ No0 Risk Management YesQ No[ O.M.B./Purchasing Yes❑ NoF] County Attorney / Yes❑ NoEr' - ` _ Comments: OMB Form Revised 2/27/Ol MCP#2 AMENDMENT 1 TO COMMERCIAL PURCHASE AND SALE AGREEMENT THIS AMENDMENT to that certain Commercial Purchase and Sale Agreement dated August 20, 2014 is entered into on this 171 day of October, 2014, by and between BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida ("Seller") and Oceanside Investors, LLC, a Florida limited liability company and Pritam Singh, individually ("Purchaser"), for the purchase and sale of 5948 Peninsular Avenue, Stock Island, Florida 33040 ("Property"). RECITALS WHEREAS, the parties entered into a contract(the "Contract") for the purchase and sale of the Property on August 20,2014("Effective Date");and WHEREAS, the Contract requires the Purchaser to construct a boardwalk along the Western edge of the Property for public access upon approval of an amendment to its Development Agreement dated December 11, 2013("Development Agreement"),by and between,amongst other parties, Seller and Oceanside Investors, LLC, and obtaining an amendment to Purchaser Oceanside Investors, LLC's Major Conditional Use Approval granted pursuant to Monroe County Planning Commission Resolution PO4-14 ("Major Conditional Use");and WHEREAS, the amendments to the Development Agreement and Major Conditional Use cannot be finalized and approved until the Board of County Commissioner's County Commission meeting which is set to be held on December 10, 2014;and NOW, THEREFORE, in consideration of the covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser hereby agree: 1. Recitals. The Recitals contained herein are true and correct. 2. Extension of Closing Date Purchaser and Seller agree to extend the closing date until on or before December 11, 2014. 3. Counterparts. This Addendum maybe executed in counterparts. [REMAINDER OF PAGE INTENTIONALLY BLANK.SIGNATURE PAGE TO FOLLOW.] Pabc I of 2 IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST:AMY HEAVILIN,CLERK OF MONROE COUNTY,FLORIDA By Deputy Clem ., .. -...�.µ. By. . ... ... ,.. Mayor/Chairperson WITNESS FOR PURCHASER PURCHASER By Witness signature as to both Purchasers Pritam Singh, Manager Oceanside Investors,LLC Print Name Date Date_ .._., 3 v c9/ � -- �� °.. � Pritam Singh,Indivi ua y 2 §' nature as to b sl ,. : g oth urchasers t Name y«. ,,°fir, MONROE COUNTY ATTORNEY " A PROVED, AS TO Fr. �l Date, _ � _ - NA I EENE W. CASSEL ASSISTANT COUNTY ATTORNEY NOTARIZATION-PURCHASER Date , STATE OF FLORIDA) COUNTY OF MONROE) The foregoing instrument was acknowledged before me this day of4=,'2014, by Pritam Singh, individually and as Manager of Oceanside Investors, LLC, a Florida limited liability company.He is personally known to,rrre: Commission No. My Commission Expir *Ojk . KAREN HEADRICK 3.: Commission#FF 121188 iV W Expires May IZ 2018 „� BmMRaTmyFdnhw==MDJESi019 COMMERCIAL PURCHASE AND SALE AGREEMENT This COMMERCIAL PURCHASE AND SALE AGREEMENT("Agreement") is entered into this oZ(7" day of August, 2014, by and between BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,a political subdivision of the State of Florida ("Seller"), whose address is C/O Roman Gastesi, County Administrator, 1100 Simonton Street, Room 2-205, Key West, Florida 33040 and Oceanside Investors, LLC, a Florida limited liability company and Pritam Singh, individually ("Purchaser"), whose address is 1010 Kennedy Drive, Monroe County, Florida. 1. AGREEMENT TO SEU./PURCHASE. In consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller hereby agrees to sell to Purchaser, and Purchaser agrees to buy from Seller, that certain real property located in Monroe County, Florida, described below, together with all improvements, easements,rights and appurtenances,in accordance with the provisions of this Agreement. 2. DESCRIPTION OF PROPERTY.The property which the Seller agrees to sell and the Purchaser agrees to buy pursuant to the terms of this Agreement is that certain property situated on Stock Island, Monroe County, Florida commonly known as the "Hickory House", which is located at 5948 Peninsular Avenue, Stock Island, Key West, Florida 33040, also known as 5948 Maloney Avenue, Stock Island, Key West, Florida 33040,and is more particularly described as: Lots 30, 31 and the West% of Lot 32, in Square 46, according to Maloney's Subdivision of a part of Stock Island, Monroe County, Florida, as recorded In Plat Book 1, Page 55, of the Public Records of Monroe County,Florida. The above-described Parcel shall be referred to herein as the"Hickory House Parcel". And that certain County-owned right of way which is approved to be abandoned in accordance with Resolution No. 116-2014 comprising a part of Peninsular Avenue,Stock Island, Key West, Florida 33040, which is more particularly described as: The Northerly 1/2 Peninsular Avenue,lying between Block 46 and 60,South of Lots 30,31&the West 1/2 of Lot 32,In Square 46,according to Maloney's subdivision of a part of Stock Island,Monroe County,Florida,as recorded in Plat Book 1,Page 55,of the Public Records of Monroe County,Florida, and being more particularly described as follows: Commence at the Southeast comer of Lot 35 of said plat,thence West along the North right-of-way line of Peninsular Ave.for a distance of 175.00 feet to the Southeast corner of the said West 1/2 of Lot 32,and the point of beginning,thence continue West along the said North right-of-way line of Peninsular Ave.for a distance of 195.0 feet,more or less to the platted shoreline of Peninsular Avenue;thence S 1r19'01"W along the platted shoreline for a distance of 31.62 feet to the Centerline of Peninsular Ave.;thence East along the said center line of peninsular Ave.,for a distance of 205.0 feet more or less to the Southerly extension of the East line of the said West 1/2 of Lot 32; thence North for a distance of 30.00 feet to the said North right-of-way line of Peninsular Ave.and the point of beginning. Containing 6,000.0 square Beet,more or less. The above described Parcel shall be referred to herein as the"Peninsular Parcel". The Hickory House Parcel and the Peninsular Parcel shall be referred to herein as the"Property". in the event Resolution 116-2014 is challenged the Hickory House parcel only shall be conveyed, and all terms and conditions of this Agreement shall remain the same. 3. PURCHASE PRICE. The Purchaser shall pay to Seller the total sum of Two Million and 00/100 (52,000,000.00) Dollars ("Purchase Price") for the Property at closing. Seller hereby authorizes Purchaser to wire transfer the purchase funds directly to Stones&Cardenas,Adele V.Stones as escrow agent, who is authorized by law to receive such payment, and to require said escrow agent to pay Seller's expenses of sale. 4. DEPOSIT. Purchaser shall pay to Seller the amount of Two Hundred Thousand and 00/100 ($200,000.00) Dollars on or before August 22, 2014 as a Deposit. Adele V.Stones of Stones&Cardenas Law Office, 221 Simonton Street, Key West, FL 33040 shall hold the deposit until the closing on the Agreement,and shall credit the deposit towards the total purchase price.. 5.CLOSING PLACE AND DATE.The closing shall be on or before November 19, 2014.Closing shall occur at Stones & Cardenas, 221 Simonton Street, Key West, Florida at a time mutually acceptable to Buyer and Seller 6. FORM OF CONVEYANCE. Seller shall convey the Property to Purchaser by Quit Claim Deed,in a form prescribed by law.Seller shall deliver to Purchaser a draft of such deed at least fifteen(15)days prior to closing.The conveyance shall take place at closing in consideration for payment by the Purchaser of the Purchase Price,as set forth herein.Pursuant to Florida Statute 125.411 the county shall not be deemed to warrant the title or to represent any state of facts concerning the Property. 7. NO 'WARRANTY. Purchaser agrees that on the date of closing the Seller shall deliver the Property in "as-ls"condition.Seller makes no warranty as to the present title of the property or the condition of the buildings,fixtures,improvements,appurtenances,or conditions existing on the Property. 8.DUE DILIGENCE. Buyer shall have sixty(60)days from the effective date to conduct any due diligence, which Buyer in its sole discretion determines necessary. The"effective date"shall be the date of the last signature required on this agreement to become binding. If Buyer does not Notice Seller within the sixty (60) day due diligence period that Buyer does not wish to purchase the property, Buyer shall be obligated to purchase the property and close within the stated time period of closing on or before November 19,2014. 9. PUBLIC ACCESS.As additional consideration for Seller's agreement to sell the Property, Buyer agrees that an application shall be made within sixty(60)days of the execution of this Agreement to amend the existing Major Conditional Use approval, Planning Commission Resolution 04-2014 and Development Agreement dated December 11, 2013,for Oceanside Investors, LLC`s adjacent property located at 5900 — 5950 Peninsular Avenue, Stock Island, Florida, to include the subject property. The amended redevelopment plan shall include as a condition of approval the continuation of a boardwalk or walkway along the western shoreline of the Property to enhance public access to the waterfront which shall be open to the public free of charge from dawn to dusk three hundred sixty-five (365)days per year. The Parties agree that the Buyer may establish and enforce reasonable rules related to use of the boardwalk and conduct by the public while using the boardwalk or walkway from dawn to dusk. Buyer agrees that no physical barrier may be erected to close off access or create the appearance that access during daylight hours is restricted. This condition shall survive closing and shall be enforceable by Seller through injunctive relief in the event of a breach in performance of this condition. 10. ENVIRONMENTAL SITE ASSESSMENT. Seller purchased the property in November, 2006, and obtained at that time an update to an existing Phase 2 Environmental Assessment Report with proof of remediation. Since the purchase, the property has been closed pending proposed development. Seller makes no warranty as to the present condition of the land, buildings, fixtures, improvements or appurtenances;the property is offered in an "as is"condition. Purchaser may,at its own expense,within sixty(60)days of the effective date of this contract,obtain an environmental assessment,which shall be for the use of the Purchaser only and may not be used to require the County to provide a cleanup of the property. Within the sixty (60) day due diligence period, the Purchaser shall conclude its assessment including review of same and a determination whether to accept the conditions extant. 11. HAZARDOUS MATERIALS. In the event that such environmental site assessment provided for in Paragraph Ten (10) above confirms the presence of hazardous materials on the Property, Purchaser, at its sole option, may elect to terminate this Agreement within the due diligence period and neither party shall have any further obligations under this Agreement. Should Purchaser elect not to terminate this Agreement, Purchaser shall, after closing and at its sole cost and expense, promptly commence and diligently pursue any assessment, clean up, and/or monitoring of the Property necessary to bring the Property into full compliance with any and all applicable federal, state or local laws, statutes, ordinances, rules, regulations or other governmental restrictions regulating, relating to, or imposing liability or standards of conduct concerning hazardous materials. 12. SURVEY. Seller shall have no obligation to provide an up-to-date survey of the Property to Purchaser. Purchaser may obtain a survey at Purchaser's sole cost and expense during the due diligence period,however,Seller shall have no obligation to cure any survey objection or title defect arising out of the surrey examination. Purchaser shall have no remedy for survey objections arising after the expiration of the due diligence period. 13. TITLE INSURANCE. Purchaser, at its sole and exclusive cost and expense, may obtain a title insurance policy in a form acceptable to Purchaser. 14. DEFECTS IN TITLE. If Purchaser elects to obtain a title insurance policy on the Property during the due diligence period,and the title insurance commitment or survey obtained by Purchaser discloses any defects in title which are not acceptable to Purchaser, Purchaser shall have the option to: (a)accept the title "as-is" with no reduction in the Purchase Price, (b) attempt to cure the defect itself during the due diligence period, or (c) terminate this Agreement and release Purchaser and Seller from all further obligations under this Agreement. Any defects in title discovered after expiration of the due diligence period shall not be grounds for cancellation of the Contract, nor shall Seller be required to take any steps to cure said defects or objections. 15. EXPENSES. All taxes, recording fees, or other expenses related to the transaction shall be borne by the Purchaser. Notwithstanding the prior sentence, Seller shall prepare the deed for the Property at Seller's sole and exclusive expense. 16. TAXES AND ASSESSMENTS. Seller, being immune from taxation, shall have no obligation in accordance with Section 196.295, Florida Statutes, to place in escrow with the county tax collector an amount equal to the current taxes prorated to the date of transfer,based upon the current assessment and millage rates on the Property. Purchaser shall be responsible for all costs of sewer connection and assessments. 17. RISK OF LOSS AND CONDITION OF REAL PROPERTY.Seller assumes all risk of loss or damage to the Property prior to the date of closing and warrants that the Property shall be transferred and conveyed to the Purchaser in the same or essentially the same condition as of the date of Seller's execution of this Agreement, ordinary wear and tear excepted. However, in the event the condition of the Property is altered by an act of God or other natural force beyond the control of Seller, Purchaser may elect,at its sole option,to terminate this Agreement and neither party shall have any further obligations under this Agreement.Seller represents and warrants that there are no parties other than Seller in occupancy or possession of any part of the Property. 18. RIGHT TO ENTER PROPERTY. Seller agrees that from the date this Agreement is executed by Seller, Purchaser and its agents,upon reasonable notice,shall have the right to enter the Property for all lawful purposes. Purchaser agrees to indemnify and hold harmless Seller for any and all claims for bodily injury, death, personal injury, and property damage, and all other losses, damages or expenses incurred as a result of such permitted entry. 19.ACCESS. Seller warrants that there is legal ingress and egress for the Property over public roads or valid, recorded easements that benefit the Property. 20.DEFAULT. If Seller defaults under this Agreement, Purchaser may:(1)waive the default and proceed to closing; or(2) refuse to close and elect to receive the return of any moneys paid to Seller. If Buyer defaults under this Agreement, Seller shall be entitled to retain the deposit monies paid to the Escrow Agent. 21. RECORDING.This Agreement, or notice of it,may be recorded by Purchaser in the Official records of Monroe County. 22. ASSIGNMENT. This Agreement may not be assigned by either Party without the prior written consent of the other Party. 23.TIME.Time is of the essence with regard to all dates or times set forth in this Agreement. 24. SEVERABIUTY. In the event any of the provisions of this Agreement are deemed to be unenforceable,the enforceability of the remaining provisions of this Agreement shall not be affected. 25.SUCCESSORS IN INTEREST. Upon Seller's execution of this Agreement,Seller and Seller's heirs,legal representatives, successors and assigns shall be bound by it. Upon Purchaser's execution of this Agreement,Purchaser and Purchaser's heirs, legal representatives,successors and assigns will be bound by it. 26. ENTIRE AGREEMENT.This Agreement contains the entire agreement between the parties pertaining to the subject matter contained herein, and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties. 27. WAIVER. Failure of Purchaser or Seller to insist upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right, but the same shall remain in full force and effect. 28.ADDENDUM.Any addendum attached hereto that is signed by the parties shall be deemed a part of this Agreement. 29. NOTICE.Whenever either party desires or is required to give notice unto the other, it must be given by written notice, and either delivered personally or mailed to the appropriate address indicated on the first page of this Agreement, or such other address as is designated in writing by a party to this Agreement. Notice to Seller shall be as follows: Monroe County C/O Roman Gastesi,County Administrator 1100 Simonton Street,Room 2-20S Key West,Florida 33040 With a copy to: Monroe County Office of the County Attorney C/O Bob Shillinger,Esq. 1111120 St,Suite 408 Key West,FL 33040 Notice to Purchaser shall be as follows: Oceanside Investors,LLC and Pritarn Singh C/O John Allison 1010 Kennedy Drive,Suite 302 Key West,Florida 33040 With a copy to: C/O Barton W.Smith,Esq. 139-142 Simonton St. Key West,FL 33040 30. SURVIVAL. The covenants, warranties, representations, indemnities and undertakings of Seller and Buyer set forth in this Agreement shall survive the closing,the delivery and recording of the deed, and Seller's tender of possession of the Property. 31, COMPLIANCE WITH ADA. Purchaser will not be compensated under the contract for changes necessitated by noncompliance with any federal,state or local law, ordinance, rule,or regulations that affect Purchaser's use of the Property. 32. COUNTERPARTS. This Agreement may be executed and delivered in any number of counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. Signatures may be made via facsimile and any such signatures shall be deemed to be original signatures and shall be binding on the parties. 33. COSTS&FEES/VENUE. In the event of any dispute arising out of the performance or enforcement of this Agreement,the prevailing party shall be entitled to recover reasonable attorney's fees and costs, including reasonable attorney's fees and costs through any appeals. Key West, Monroe County, Florida shall be the venue for any legal proceedings instituted under this Agreement. [REMAINDER OF PAGE INTENTIONALLY BLANK.SIGNATURE PAGE TO FOLLOW.] t SS WHEREOF,the parties hereto have set their hands and seals the day and year first above a n. ; a BOARD OF COUNTY COMMISSIONERS Y HEAVILIN,CLERK OF MON COUNTY, I. 0 puty Cie M r/Chairp WITNESS FOR PURCHASER PURCHAS By Witness signature as to both Purchasers Pritam Singh, Manager o ceanside Investors,LLC Print Name Cyr-.yor y OfOPpZu Date Date-0— 10 —14 . Pritam Singh, Individua Witness signature as t oth Purchasers MO QE COUNTY ATTORN Y Print Nameco[dI'� n `jar" ROWED AS TO F© Date i 44 NATILEENE W. CAS EL� ASSISTANT C�O�t,INTY ATTO NEY NOTARIZATION-SELLER Dale---��=.�Z� �3 ,STATE OF FLORIDA) COUNTY OF MONROE) The foregoing instrument was acknowledged before me this day of August,2014, by .as identification. He is personally known to me or produced Commission No. My Commission Expires: NOTARIZATION-PURCHASER STATE OF_ L ) COUNTYOF vvlc7yjroe' ) The foregoing instrument was acknowledged before me this j, —day of August, 2014, by Pritam Singh, individually and as Manager of Oceanside Investors, LLC,a Florida limited liability company. He is personally known to me. Commission No. My Commission Expires: GREGORY OROPEZA VS MY COMMISSION#FF138307 ,k EXPIRES July 1,2018 taw)398-0153 FloddeNcte servicacom a ADDENDUM A. Radon Gas. 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 found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. This notice is being provided In accordance with Section 404.056(8), Florida Statutes. Purchaser may,at its sole cost and expense, have the buildings that will remain on the Property inspected and tested for radon gas or radon progeny by a qualified professional properly certified by the Florida Department of Health and Rehabilitative Services. If radon gas or radon progeny is discovered, Purchaser shall have the option to either: (a) accept the Property as it then is with no reduction in the Purchase Price or (b) terminate this Agreement, thereupon releasing Purchaser and Seller from all further obligations under this Agreement. B.Wood Destroying Organisms Inspection Report. Purchaser may,at its sole cost and expense, obtain a Wood Destroying Organisms Inspection Report made by a state licensed pest control firm. Purchaser shall pay for the inspection. Purchase acknowledges that he is purchasing the property and all fixtures of whatever nature in"as is"condition.. C. Maintenance of Improvements. Seller offers the property and the roofs, doors, floors, steps, windows, exterior walls, foundations, all other structural components, major appliances and heating, electrical and plumbing systems on all improvements that will remain on the Property in "as is" L BOARD OF UNY CO IONERS EAVILIN,CLERK OF MON COON , L RID tC lerg Ma r/Chal n WITNESS FOR PURCHASER PURCHAS Witness signature as to both Purchasers Pritam Singh, Manager of Oceanside Investors,LLC Print Name r�uo��( i9w0a Date Date - —I 2) �� � Pritam Singh, Individually Witness signature+aso'bo�th Purchasers Print Name C�1►S�t�tl01) MONROE COUNTY ATTORNEY Date lal A 13RO ED AS T)67:�J� MAT ILE'ENE W. CASSEL ASSISTANT COUNTY ATTORN