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Backup Documents 05/26/2015 Item #16E 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTINGS I TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TOL 0 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 23 J15 4. BCC Office Board of County TINC Commissioners lrNS<5/ z \ c 5. Minutes and Records Clerk of Court's Office f\N (all IS. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Phone Number Contact/ Department I L' A Q e- (--- d ti/1, Se 7 V 3 Agenda Date Item wasAgenda Item Number Approved by the BCC / 3 / 4- 6-- Type Type of Document }-, Number of Original ,tl r` Attached e/'k D 0 w Le A 5e Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column, whicha 'ti is Yes N/A(Not appropriate. �� (Initial) Applicable) 1. Does the document require the chairman's original signature •o�... ivrer 2. Does the document need to be sent to another agency for additi:•al signatures? f yes, -A provide the Contact Information(Name;Agency; Address;Phone)o :.• •I. ••. .---t. / 3. Original document has been signed/initialed•for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorne / A Office and all other parties except the BCC Chairman and the Clerk to the Board /`i 5. The Chairman's signature line date has been entered as the date of BCC approval o ' � document or the final negotiated contract date whichever is applicable. . 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairma signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. /x_/ / A. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Bew re/of your deadlines! 8. The document was approved by the BCC onus (enter date)and all changes made �� . ,e during the meeting have been incorporated iattached document. The County � imiftn e k: ¢i; ,i Attorney's Office has reviewed the changes, i applicable. $�i r� .. 9. Initials of attorney verifying that the attached document is the version approved by the me/x ,,, � x k �$;i. BCC, all changes directed by the BCC have been made,and the document is ready for the/° 4,U`hpi IQs Chairman s signature. L'........ , ° el 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 A MEMORANDUM 0 Date: June 24, 2015 To: Michael Dowling, Property Acquisition Specialist Facilities Management Department From: Martha Vergara, Deputy Clerk Boards Minutes & Records Department Re: Memorandum of Lease— SBA Towers II LLC Attached is an original of the document referenced above (Item #16E1), approved by the Board of County Commissioners on Tuesday, May 26, 2015. The original Resolution is being held in the Minutes & Records Department for the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment Document Prepared by and t, Upon Recording Return to: Dee Ott,Recording Administrator SBA Communications Corporation 5900 Broken Sound Parkway, NW Boca Raton,FL 33487 (561)226-9513 SBA Site ID: FL13625-A (9G 4.6MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE (herein "Memorandum") is made this I day of M'4 Vi 2015, by and between Collier County, a political subdivision of the State of Florida, (herein "Lessor"), and SBA Towers II LLC, a Florida limited liability company, having a principal office located at 5900 Broken Sound Parkway,NW,Boca Raton,FL 33487(herein"Lessee"). WHEREAS,Lessor and Omnipoint Holding,Inc.,a Delaware corporation("Original Lessee")entered into that certain Lease Agreement dated May 22, 2001 (herein the "Lease Agreement") whereby, Lessor leased to Original Lessee the land described in Exhibit"A" attached hereto and made a part hereof;and WHEREAS, Original Lessee assigned its interest under the Lease Agreement to ClearShot Communications, LLC, pursuant to that certain Assignment of Lease, dated September 10, 2002, respectively, (the "Assignment P"); and Light Tower Wireless, LLC, a Delaware limited liability company, f/k/a National Grid Communications, Inc., as successor in interest by merger to ClearShot Communications, LLC, assigned its interest under the Lease Agreement to Lessee, pursuant to that certain Assignment and Assumption Agreement, dated October 20, 2008 (the "Assignment II"). All terms used but not defined herein shall have the meaning ascribed to them in the Lease Agreement (the Lease Agreement, Assignment I and Assignment II shall be collectively referred to herein as the"Lease"). WHEREAS,Lessor and Lessee desire to enter into this Memorandum to give notice of said Lease and all of its terms,covenants and conditions to the same extent as if the same were fully set forth herein. NOW,THEREFORE,for and in consideration of the sum of Ten Dollars($10.00)and other good and valuable consideration including the rents reserved and the covenants and conditions more particularly set forth in the Lease,Lessor and Lessee do hereby covenant,promise and agree as follows: 1. The Lease provides in part that Lessor leases to Lessee a certain site (herein "Site") located at 4741 Golden Gate Parkway,City of Naples,County of Collier,State of Florida,within the property of or under the control of Lessor which is legally described in Exhibit"A"attached hereto and made a part hereof. 2. Lessee shall lease the Site from Lessor, together with all easements for ingress, egress and utilities as more particularly described in the Lease, all upon the terms and conditions more particularly set forth in the Lease for a term of five (5)years, which term is subject to five (5) additional five (5)year extension periods. 3. The purpose of this instrument is to give notice of said Lease and all its terms,covenants and conditions to the same extent as if the same were fully set forth herein. The Lease contains certain other rights and obligations in favor of Lessor and Lessee which are more fully set forth therein. 4. Lessor hereby affirms that the Site is not now,nor has it ever been,the homestead of Lessor, nor adjacent to the homestead of Lessor. , 16E1 5. The conditions,covenants and agreements contained in this instrument shall be binding upon and inure to the benefit of the parties hereto,their respective heirs,executors,administrators, successors and assigns for the term of the Lease and any extensions thereof. Further, this instrument shall inure to the benefit of any affiliate of Lessee or any lender from whom Lessee or one of its affiliates obtains financing,without any further consent from Lessor. All covenants and agreements of the Lease shall run with the land described in Exhibit"A." 6. This Memorandum may be executed in counterparts,each of which shall be deemed an original but all of which shall constitute one and the same instrument. 7. This Memorandum is not intended to alter the terms of the Lease Agreement. In the event of a conflict,the Lease shall prevail. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written. ` LESSEE: SBA To 4/ LC, a Flori. If/ liability company Witnesses: By: N 1(Seidman, Senior Vice President Signature MQi, s5A CG► lusk, Print Name By: Gi Q Signature ��. -e Print Name STATE OF FLORIDA COUNTY OF PALM BEACH • The foregoing instrument was acknowledged before me this/9 -/lay of ,� ,2015,by Neil Seidman, as Senior Vice President of SBA Towers II LLC, a Florida limited iability company, on behalf of the company. He is personally known to me. IL WITNESS my hand this / day of , 2015. /4-ti a'"""°�: DENESE MCALISTER•OTT •4 (P.:. MY COMMISSION#FF122161 Print Name: [SEAL] s ,; .� d�.• EXPIRES May 25,2018 NOTARY PUBLIC- (407)•39g.0153 FIoritlallotaryService.com Commission Number: My Commission Expires: Lessor's signature on following page. 16E AS TO THE LESSOR: BOARD OF COUNTY COMMISSIONERS, lZ COLLIER COUNTY,FLORIDA D 1TVI�, ,,, �.- DWIGHT E.BROCK,Clerk BY: 1 TIM NANCE,Chairman Attest as to C signature bv. Approved as to form and legality: Jennifer elpedio, istant County Attorney R\ 10E1 EXHIBIT "A" LEGAL DESCRIPTION 4741 Golden Gate Parltuay,m the City of Naples Collier County,Florida The Real Property is a sixteen hundred(1600)squun2 loot portion of the Parent ltaci. PaMnirom3 A Portion of Block 115 Golden Gate, Unit 4 according to the Plat thereof recorded in Plat Book 5 at Page 107 through 116 of the Public Records of Collier County, Florida, and mare particularly described as follows: DESCRIPTION: Commence at the intersection of the centerline of Golden Gate Parkway and the centerline of Coronado Parkway. Thence N. 38' 54* 39" W. along the centerline of Coronado Par' ay a distance of 65.00 feet to a point on the Southwesterly ex . msion of the Northwesterly Right-of-way line ;4 Golden Gate Parkway; thence N. 51' 05' 21* E. along the said extension of the Northwesterly Right-of-way line a distance of 78.00 feet to a Parmanent Reference Monument as shown on Vie plat thereof, the said Monuaent being els° the Point of Beginning of the Parcel herein described; thence N. 51' 05' 21" E. contfnoino along said Northwesterly Right-of-waysine a distance of 75.00 feet to a point; thence R. 38' 54' 390 W. perpendicular to the said Northwesterly Right-of-way line a distance of 150.00 feet to a point; thence S. 51 05' 21" W. a distance of 108.74 feet to a point on the Northeasterly Right-of-way line of Coronado Parkway; thence Southeasterly along the Northeasterl; Right-of-way line of said Coronado Parkway and along the arc of a circular curve concave Southwesterly having a radius of 898.17 feet and o central angle of 8' 00' 00° for a distance of 125.41 feet to a point of reverse curvature; thence Southeasterly, Easterly, Northeasterly alon5 Oto, arc of a circular curve having a radius of 25.00 feet and a central angle 90' 00' 00* for a distance of 39.27 feat to the Point of Beginning. Subject to easeaentg, restrictions and reservations of record and real property taxes accruing subsequent to Decembeo 31, 1989, and Subject to that certain right of reverter and express condition described in the Deed recorded in Official Records Book 343, Peoe 311, and any subsequent modifications thereof, Public Records of Collier County, Florida.