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Backup Documents 01/26/2016 Item #16E 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16E 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 41 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 )j ``aa%V(p 4. BCC Office Board of County "-t)F Commissioners \itt:7.*-> k2.41s`kt, 5. Minutes and Records Clerk of Court's Office Mi1 1 i V41(0 It:2-1f 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 L� Contact/ Department �% /C A C� 0 1�.7 .0 l 3I Agenda Date Item was Agenda Item Number Approved by the BCC 7 "Z G ' /4 / G Type of DocumentNumber of Original Attached i L.5-7--- 4m e °f- fie" Documents Attached d c E C LI 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 w ' $-ver is Yes N/A(Not appropriate. (Initial) Applicable). I. Does the document require the chairman's original signatu -? ,... - c)y...._ 4 1/ 2. Does the document need to be sent to another agency for addit i'.l signature s• If yes, /4{ 4 provide the Contact Information(Name;Agency; Address;Phone)on an a-- -a eet. 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 0.4z7-- by t4'7"by the Office of the County Attorney. di-4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. _ . 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's 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. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. B awe of your deadlines! 8. The document was approved bythe BCC on 1 f Z'/I enter date) and all changes made �lt,a 4,1t pP �/l- ._ � during the meeting have been incorporated in the attached document. The County _�,> 1-6; Attorney's Office has reviewed the changes, if applicable. Rt'"'' ._ cam: - 9. Initials of attorney verifying that the attached document is the version approved by the t gz g . BCC,all changes directed by the BCC have been made, and the document is ready for thhi, ,� ,�� aim: Chairman's signature. „. .3,. ' 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 1 6 E 1 L, • evir Memorandum r, fO,NA R To: Minutes and Records From: Michael Dowling Senior Property Management Specialist Real Property Management Date: January 26, 2016 Subject: BCC Date: January 26, 2016 Item: 16 E 1 Once the attached First Amendment to Ground Lease Agreement and Memorandum of Ground Lease Agreement (4 original copies of each) have been executed by the Chairman and attested by your office, kindly provide me three originals of both documents. Please contact me at extension 8743 with any questions. Thank you. © Attachment as stated 1 6 E I MEMORANDUM Date: January 28, 2016 To: Michael Dowling, Property Acquisition Specialist Facilities Management Department From: Martha Vergara, Deputy Clerk Boards Minutes & Records Department Re: First Amendment to Agreement and Memorandum of Ground Lease Agreement for Communications Tower Pine Ridge II Attached is three (3) original Ground Lease Agreements and Memorandums referenced above (Item #16E1), approved by the Board of County Commissioners on Tuesday, January 26, 2016. The original 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 16E1 FIRST AMENDMENT TO GROUND LEASE AGREEMENT FOR COMMUNICATIONS TOWER THIS FIRST AMENDMENT TO G O D LEASE AG EEM NT FOR COMMUNICATIONS TOWER, entered into this GROUND day of ��W(.-1kk' , 201 , at Naples, Collier County, Florida by and between Crown Castle Towers 06-2 LLC, a Del ware limited liability company and subsidiary of Crown Castle USA Inc., whose principal mailing add ess is 2000 Corporate Drive, Canonsburg, Pennsylvania 15317, successor to New Cingular Wireless PCS, LLC, a Delaware limited liability company, hereinafter referred to as "LESSEE", and Collier County, a political subdivision of the State of Florida, whose mailing address is: in care of Real Property Management, 3335 East Tamiami Trail,Naples,Florida 34112,hereinafter referred to as "LESSOR". WITNESSETH WHEREAS, New Cingular Wireless PCS, LLC, entered into a Ground Lease Agreement for Communications Tower ("Lease") on June 8, 2010 with LESSOR, which was assigned to Crown Castle Towers 06-2 LLC, a Delaware limited liability company and subsidiary of Crown Castle USA Inc., pursuant to that certain Membership Interest Assignment and Assumption Agreement dated December 16, 2013; WHEREAS,the LESSEE and LESSOR are desirous of amending that Lease; and NOW, THEREFORE, in consideration of the covenants and agreements provided within the said Lease dated June 8, 2010, and Ten Dollars ($10.00) and other valuable consideration, the Lease is hereby amended as follows: 1. Article 1 of the Lease is hereby deleted in its entirety and the following provision is substituted in its place: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR a twenty-five (25) foot by thirty (30) foot section of property located at the Max Hasse Park in order to erect a free- standing flagless monopole communications tower to be no higher than one hundred and sixty feet above natural grade, at the base of the tower to the top of the tower, including any antennae mounted to the tower, along with related improvements, which will include ground equipment cabinet(s) (collectively, the "Tower"), which will be located at Max Hasse Park, 3396 Golden Gate Blvd, Naples, Florida, which is further described in Exhibit "A" and which is attached hereto and made a part of this Lease, hereinafter referred to as the "Demised Premises," situated in the County of Collier and the State of Florida. All improvements shall be approved by LESSOR applying, and subject to, the terms contained in Article 5 of the Lease. Subject to the terms and conditions listed in the Short Form Tower License Agreement attached hereto as Exhibit "B", LESSEE shall provide LESSOR, without any rent cost to LESSOR, two (2) locations on the monopole at a height of one hundred fifty-five feet(155') and at a height of one hundred five feet (105') in order for LESSOR to operate any communications or surveillance equipment, now or in the future, as deemed necessary by LESSOR. LESSEE shall also provide to LESSOR, at no cost to LESSOR, a fenced area to accommodate an above-ground equipment cabinet and diesel generator 032285112 2) 16E I for LESSOR'S shared use. LESSEE shall pay the cost of LESSOR'S monthly electric service at this site by providing two 30 AMP breakers. LESSOR shall be responsible for the cost of purchasing its own antenna and for installing and operating its antenna. LESSEE shall be responsible for all costs associated with the maintenance and replacement of the Tower throughout the life of this Lease. Notwithstanding any provision in this Lease, including Article 7 and Article 17, upon the termination or expiration of the Lease, LESSOR shall direct LESSEE to remove the Tower and replace same with a light pole as originally placed upon the Demised Premises by LESSOR. LESSEE shall be required to obtain the required use permit(s) (conditional or otherwise) for constructing and operating the communications tower and the shelter(s)at the Demised Premises pursuant to those terms outlined in the Collier County Land Development Code and all applicable ordinances. LESSOR authorizes LESSEE to prepare, execute and file all required applications to obtain all required permits for Tenant's Permitted Use under this Agreement and agrees to reasonably assist Tenant with such applications and with obtaining and maintaining the Government Approvals. LESSEE understands and acknowledges that the communications tower may be used on the Demised Premises pursuant to Land Development Code (LDC) 2.03.05.A.4.a.; 2.03.05.A; 2.03.05.A.3; and 2.01.02.A.4., which allows communications tower in the Public Use District(P) as an Essential Services because it is also being used for a government/public use. If, at any time after the initial ten (10) year term, as stated below in Article 2 of the Lease, LESSOR elects to remove its equipment from the tower, which is constructed by LESSEE, the use of the tower, under the aforementioned LDC sections, shall become a non-use for governmental/public purposes, and LESSOR shall advise LESSEE in writing of the non-use and termination of the Lease, and LESSEE shall be required to cease operations at the Demised Premises, and remove the tower at its sole cost and expense within 120 days of receiving notice of termination. LESSOR does not make any representations or warranties or permitted uses with respect to the Demised Premises to the LESSEE. The LESSEE accepts the Demised Premises in "as is" condition and there shall be no abatement for defects in the Demised Premises or from violations of law with respect thereof and LESSEE shall not hold LESSOR liable for any defects in or defective conditions of the Demised Premises or to title thereto. LESSEE'S obligation to perform under this Agreement shall be subject to and conditioned upon: (a) LESSEE'S obtaining, at its option and cost, a survey, geotechnical report and analysis tests which must show no defects which, in the opinion of the LESSEE, may adversely affect LESSEE'S use of the Demised Premises; (b) LESSEE'S approval of the condition of the Demised Premises, which may be subject to, at LESSEE'S option, an environmental audit of the Premises performed by an environmental consulting firm of LESSEE'S choice; (c) LESSEE'S securing appropriate approvals for LESSEE'S intended use of its Tower on the Demised Premises from the Federal Communications Commission, the Federal Aviation Administrator, and any other federal, state or local regulatory agency having jurisdiction over LESSEE'S proposed use of the Tower;and (B2285112.2) 2 1 6E I (d) In the event of a failure of any of the above referenced conditions precedent within 180 days of execution of this Amendment, LESSEE may terminate this Agreement through written notice to LESSOR and by restoring the Demised Premises to its condition as of the date of the execution of this Agreement. (e) LESSEE shall inform Lessor, in writing,regarding the title report,geotechnical report and analysis, environmental audit,and obtaining required government approvals. LESSOR hereby grants to LESSEE a non-exclusive access easement throughout the life of this Lease for free ingress and egress and for the installation and transmission of utilities on the Demised Premises seven(7) days a week, twenty-four (24) hours a day. No above-ground structures shall be constructed in the access easement or outside of the Demised Premises.Said easement area is shown on Exhibit"A." LESSEE is permitted to sublease any other available space on the tower, if the tower is deemed worthy of additional equipment,to other wireless carriers. LESSEE shall provide the LESSOR with an air-conditioned equipment shelter, power connections, free monthly electricity and back-up power at no cost to LESSOR. LESSOR'S equipment shall be located outside of the Demised Premises in a location reasonably close to the tower. LESSOR shall not be responsible for any cost for any improvements or utilities made to or provided to the tower, or to the Demised Premises, or the equipment shelter. LESSOR shall be solely responsible for any costs for its equipment and installation of its equipment. 2 ARTICLE 13 of the Lease is hereby deleted in its entirety and the following provision is substituted in its place: ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing delivered to the other party at the following addresses,or changes thereto which have been notified to the other party: LESSEE: Manager Tower Development Implementation Crown Castle Towers 06-2 LLC 2000 Corporate Drive Canonsburg,Pennsylvania 15317 LESSOR: Board of County Commissioners do Real Property Management 3335 East Tamiarni Trail Naples,Florida 34112 3. Except as expressly provided herein,the Lease remains in full force and effect according to the terms and conditions contained therein, and said terms a conditions are applicable hereto except as expressly provided otherwise herein. {B2285112.21 3 1 6 E 1 IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First Amendment to Ground Lease Agreement for Communications Tower the day and year first above written. AS TO THE LESSEE: DATED: \ 1\ 0-) 1 5 ( '-f\-/q)- By: ,fip'. Witness(si ature) BRIAN GLIVIC Manager Tower Development Implementation (prin name) (signatiteliiiiti%V-04A-9-z- Witnessre) ?A-i ► DbOCI - c 1i/A)P2 (print name) AS TO THE LESSO • v DATED: /- " � BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA ATTEST: i DWIGHT E.BROC ., Clerk BY: OW il , /4 C.-, - ,r By: it t_. /'�" - CVA-i K--snf►-f 1 &-5 / C'/-f-zi 4,r„roA/ Attest as to Cha , , .n s' , l e. ty Ov.rk signature only. ,': Approved as to form and legality: Jennifer A. Belpedio 'C \\C Assistant County Attorney �� \v {B2285112.2} 4 16E 1 EXHIBIT"A" Site Sketch [See attached] {B2285112 21 5 , N . ‘ 1 , 1 6E 1 II $ e � R O t~n L. w a La o CL 6 g tt C p• II! U U a a h til I §J Z I ro U V to O , a3 - 1- 1iiIifl g ve4, 9 U U i 7 1 3 d z 0 0 T _ i E g li; ig !!'''' 1 1 d a r :11: ) ....... 2 g ‘,... .----: ZS -9- s._s—'�= i \ ■ \S uiiiiiiii i.niiiit j 0 I I Ip Iii R I \. / i lr 1 6 I I i I I I Ids I " I I I I I 1 1 IC:- I vs II II Ti! w a --- I ' ■ ITT rmairr .--sc wrgr s \ \ i Ell 1 1 t hi h _ ;! I t X O 1 I 2 II 0 400 I N�33mM $141! 1T-7lYi Y Y 6 itcg E 1. 1111 tel i k k gMIR kWEd o N , VV to o VV4,4 0 0 16E 1 EXHIBIT"B" Short Form Tower License Agreement [See attached] {B22851122} 6 16E 1 CROWN Lir CASTLE Customer Site Name: Crown Site Name: Customer Site No.: JDE Business Unit: License Identifier: SHORT FORM TOWER LICENSE AGREEMENT (for installation and operation of equipment by the landlord or lessor under the Prime Lease) THIS SHORT FORM TOWER LICENSE AGREEMENT (this "Agreement") is entered into as of this day of , 20 (the"Effective Date"), between Please pick from the list of Crown Operating Entities, Location-CORPORATE LICENSING/REFERENCE - Licensing/01 - COMPLETING A STANDARD SUPPLEMENTAL LEASE -- LICENSE AGREEMENT - SLA a Delaware limited liability company,[Note - in the case of Crown Communication LLC add one of the following "(Crown Communication Inc., a Delaware corporation, was converted pursuant to Delaware law to Crown Communication LLC, effective December 31, 2010)" OR "(Crown Communication Inc., a Delaware corporation, formerly known in the state of[insert appropriate state of California, Florida, Illinois, Indiana, New Jersey, New Mexico, Oklahoma, Texas or Washington] as [insert old d/b/a name], was converted pursuant to Delaware law to Crown Communication LLC, effective December 31, 2010)"; in the case of Crown Castle South LLC add the following: "(Crown Castle South Inc., a Delaware corporation,was converted pursuant to Delaware law to Crown Castle South LLC,a Delaware limited liability company,effective December 31, 2001)"] with its principal place of business at 2000 Corporate Drive, Canonsburg, Washington County,Pennsylvania 15317 ("Licensor"), and , an ,with its principal place of business at , County, ("Licensee"). In consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby,the parties hereto agree as follows: 1. DEFINITIONS The following terms as used in this Agreement are defined as follows: "Acquiring Party" Any person acquiring title to Licensor's interest in the real property of which the Site forms a part through a Conveyance. "AM Detuning Study" A study to determine whether measures must be taken to avoid disturbance of an AM radio station signal pattern,as described in Section 2.3 below. "Closeout Documentation" As-built drawings and other installation documentation required by Licensor,as described in Section 2.6 below. "Conveyance" Including, without limitation, any exercise by a Lender of its rights under the Security Instrument, including a foreclosure, sheriffs or trustee's sale under the power of sale contained in the Security Instrument, the termination of any superior lease of the Site and any other transfer,sale or conveyance of the Licensor's interest in the property of which the Site forms a part under peril of foreclosure or similar remedy, including,without limitation to the generality of the foregoing,an assignment or sale in lieu of foreclosure or similar remedy. "Equipment" Licensee's communications equipment including, but not limited to Licensee's antennas, cables, connectors, wires, radios, radio shelter or cabinet, and related transmission and reception hardware and software,and other personal property. "FCC" The Federal Communications Commission. Prepared by: Prepared on: 1 CROWN CASTLE STANDARD FORM TLA 2-12-07 Version: 2.7.11 16E 1 Customer Site Name: Crown Site Name: Customer Site Number: JDE Business Unit: License Identifier: "Government Entity" Any federal, state or local governmental unit or agency thereof with jurisdiction applicable to the Site. "Intermodulation Study" A study to determine whether an RF interference problem may arise, as described in Section 2.3 below. "Intermodulation Study Fee" The fee payable by Licensee to Licensor to defray Licensor's costs incurred in preparing or obtaining an Intermodulation Study. The amount of the Fee shall be reasonably commensurate with the scope and complexity of the subject Intermodulation Study. "Lender" Any and all lenders,creditors,indenture trustees and similar parties. "Licensed Space" That portion of the Site which is licensed to Licensee hereunder. "Licensee" The party named as "Licensee" in the first paragraph hereof and its successors in interest. "Licensor" The party named as "Licensor" in the first paragraph hereof and its successors in interest. "Modification" (i) Any modification to the Equipment as specified herein or an approved Site Engineering Application;(ii)any alterations in the frequency ranges or FCC licensed allocation or power levels specified in the approved Site Engineering Application; (iii) any change in Licensee's technology protocol (e.g., GSM, CDMA, TDMA, iDEN, etc.); (iv) any addition of Equipment or occupation of additional space, or relocation of Equipment on the tower or on the ground, or relocation of ground space or equipment shelter space; or (v) any repair to the Equipment that affects tower loading capacity. "Modification Application Fee" The fee payable by Licensee to Licensor in the amount of Dollars ($ ) to defray Licensor's costs incurred in evaluating a Site Engineering Application. "Prime Lease" The lease(s),sublease(s)or other prior agreement(s)or instrument(s)(e.g., deed) from which Licensor derives its rights in the Site and/or which contain(s)restrictions on use of the Site,as described in Article 18 below. "RF" Radio frequency. "Security Instrument" Any and all mortgages, deeds of trust or other deeds, and any similar security agreements that encumber the Site to secure the debt of Licensor. "Site" The property referred to in Section 2.1 below, which is owned, leased, or otherwise controlled by Licensor and which contains the Licensed Space. "Site Application Fee" The fee paid by Licensee to Licensor to evaluate a Site Engineering Application to determine whether the tower and Site have sufficient capacity to accommodate the Equipment. "Site Engineering Application" The application form (as may be amended by Licensor from time to time), which shall be submitted to Licensor by Licensee when Licensee desires to apply for a license to install or make a Modification to Equipment. The approved Site Engineering Application is attached to,and incorporated into,this Agreement as part of Exhibit B. Prepared by: Prepared on: 2 CROWN CASTLE STANDARD FORM TLA 2-12-07 16E 1 Customer Site Name: Crown Site Name: Customer Site Number: JDE Business Unit: License Identifier: "Site Plan" The site plan referred to in Section 2.2 below, a copy of which is attached hereto as Exhibit C. "Site Rules" The"Site Rules"or its successor,issued by Licensor from time to time,as described in Section 2.2 below. "Structural Analysis" An engineering analysis performed to determine whether the physical and structural capacity of the tower are sufficient to accommodate the proposed Equipment, which analysis takes into consideration factors such as weight, wind loading and physical space requirements. "Structural Analysis Fee" The fee payable by Licensee to Licensor in the amount of Dollars($ )to defray Licensor's costs incurred with respect to its performance of a Structural Analysis. "Subsequent Use" Any installation or modification to Licensor's or another user's equipment subsequent to the installation or modification of the Equipment as described in Section 6.1 below. "Term" The term of this Agreement,as set forth in Article 4 below. "Term Commencement Date" The date on which this Agreement is fully executed by the parties hereto. "Tower Level Drawing" The tower level drawing referred to in Section 2.2 below, a copy of which is attached hereto as part of Exhibit B. "Work" The installation of Equipment or construction of an approved Modification to Equipment at the Site,as set forth in Section 2.5 below. 2. SITE,LICENSE,EQUIPMENT,LICENSED SPACE,APPLICATION FOR MODIFICATIONS, CONDITIONS PRECEDENT 2.1 The Site. The Site consists of that certain parcel of property, located in the [Municipality] of ,the County of ,and the State of ,which is described in Exhibit A hereto. 2.2 License to Install,Operate and Maintain the Equipment. Licensor hereby grants a license to Licensee to install, operate and maintain the Equipment at the Site within the Licensed Space, as such Equipment and Licensed Space is described in, and subject to, the approved Site Engineering Application and Tower Level Drawing attached hereto as Exhibit B and as shown in the Site Plan attached hereto as Exhibit C. Such license is subject to the Site Rules and is restricted exclusively to the installation,operation and maintenance of antennas and equipment consistent with the specifications and in the locations identified in Exhibit B and Exhibit C. If Licensee fails to install the total number of permitted antennas and transmission lines as described in Exhibit B and Exhibit C within one hundred eighty(180)days of commencement of its initial installation of Equipment,the right to install any such antennas and lines not installed shall be deemed waived, with no reduction of the Basic Payment. No capacity or rights will be reserved for future installation of such Equipment after such one hundred eighty(180)day period. 2.3 Application for Modifications. Licensee shall apply to make Modifications by submitting a Site Engineering Application to Licensor together with payment of the Modification Application Fee. A Structural Analysis, AM Detuning Study or an Intermodulation Study may be required by Licensor in connection with a proposed Modification, and Licensee will be liable for the cost thereof. Any approved Modification shall be Prepared by: Prepared on: 3 CROWN CASTLE STANDARD FORM TLA 2-12-07 1 6 E 1 Customer Site Name: Crown Site Name: Customer Site Number: JDE Business Unit: License Identifier: evidenced by an amendment to this Agreement, and the Site Engineering Application approved by Licensor describing the Modification shall be an exhibit to said amendment. 2.4 Conditions Precedent to Installation of Equipment or Modification. Notwithstanding anything to the contrary herein,the parties agree that Licensee's right to install Equipment or make a Modification to Equipment at the Site shall not commence until the following conditions are satisfied: (i)Licensor has received any written consent required under the Prime Lease to allow Licensor to license the Licensed Space to Licensee; (ii)a Site Engineering Application has been approved by Licensor;(iii)the Site Application Fee, Structural Analysis Fee,Intermodulation Study Fee and fee for AM Detuning Study(if any)have been paid; (iv)Licensee has received all required permits (if any) for its installation of,or Modification to,the Equipment and all required regulatory or governmental approvals of Licensee's proposed use of the Site, and Licensor has received, reviewed, and accepted copies of such required permits (if any) and such required regulatory or governmental approvals; and (v)Licensor has received a waiver of any applicable rights of first refusal in and to the space or Licensed Space that Licensee identifies in the Site Engineering Application. Upon satisfaction of all conditions precedent,Licensor shall provide written notice to Licensee to confirm said satisfaction. 2.5 Performance of Work. Licensee may engage Licensor to install Licensee's Equipment, and to make approved Modifications to Licensee's Equipment pursuant to this Article 2(the"Work"),upon terms mutually agreed upon by the parties in writing; provided, however, in the event that Licensee does not engage Licensor to perform the Work,Licensee shall(i)only engage a vendor approved by Licensor to perform the Work and(ii)pay to Licensor Dollars($ )upon completion of the Work for the purpose of defraying the cost associated with Licensor's inspection of the Work. Notwithstanding Licensor's inspection of any Work not performed by Licensor, Licensor shall in no way be liable for any defect in the Work or any of the materials used, and Licensee shall not rely on Licensor's inspection of the Work as confirmation that no defects exist. All Work shall be performed in accordance with the standards set forth in the Site Rules. 2.6 Closeout Documentation. In the event that Licensee engages Licensor to perform any Work for Licensee,Licensor shall provide to Licensee all Closeout Documentation within forty-five(45) days of completion of the Work. In the event that Licensee does not engage Licensor to perform any Work for Licensee and Licensee engages a vendor approved by Licensor to perform the Work in accordance with Section 2.5,Licensee shall provide to Licensor all Closeout Documentation within forty-five(45)days of completion of the Work; provided,however, in the event that Licensee fails to provide to Licensor said Closeout Documentation within said forty-five (45)day period, Licensee shall pay to Licensor Dollars ($ ) for the purpose of defraying Licensor's costs associated with preparation of the Closeout Documentation required hereunder. 3. ACCESS,USE OF SITE 3.1 Access to Site. Licensor hereby grants to Licensee a non-exclusive license for pedestrian and vehicular ingress to and egress from the Site over the designated access area to the Site as described in Exhibit A, on a 24 hour per day, 7 day per week basis, subject, however, to any restrictions in the Prime Lease or any underlying easement,for the purposes of maintaining, operating and repairing the Equipment,together with license to maintain, operate and repair utility lines, wires, cables, pipes, lines, or any other means of providing utility service, including electric and telephone service, to the Licensed Space. Licensor shall have no duty to remove snow or otherwise maintain the access area. 3.2 Authorized Persons; Safety of Personnel. Licensee's right of access shall be limited to authorized employees,contractors or subcontractors of Licensee,or persons under their direct supervision. Licensee shall not allow any person to climb a tower without ensuring that such person works for a vendor approved by Licensor for the subject work. 3.3 Notice to District Manager. Licensee agrees to provide Licensor's designated District Manager (or other designated person)prior notice of any access to be made by Licensee to the Site,except in the event of an Prepared by: Prepared on: 4 CROWN CASTLE STANDARD FORM TLA 2-12-07 16E 1 Customer Site Name: Crown Site Name: Customer Site Number: JDE Business Unit: License Identifier: emergency, in which event Licensee shall provide notice within twenty-four(24)hours following such emergency access. For the purposes hereof, an emergency shall be deemed to be a situation that reasonably appears to present an imminent risk of bodily injury or property damage. 3.4 Licensee's Use of the Site. Licensee shall use the Licensed Space at the Site to install, operate and maintain only the Equipment and shall transmit and receive only within the FCC licensed frequency ranges and at the power levels specified herein. 3.5 Permits,Authorizations and Licenses. Licensee shall be solely responsible for obtaining, at its own expense, all permits, authorizations and licenses associated with its occupancy of Licensed Space at the Site and utilization of Equipment thereon and shall promptly provide copies thereof to Licensor. 3.6 Zoning Approval. Licensee must provide Licensor with copies of any zoning application or amendment that Licensee submits to the applicable zoning authority in relation to its installation or modification of Equipment at the Site, at least seventy-two (72) hours prior to submission to the applicable zoning authority. Licensor reserves the right to (i) require that it be named as co-applicant on any such zoning application or amendment and/or(ii)require revisions to any such zoning application or amendment. Licensor also reserves the right, prior to any decision by the applicable zoning authority, to approve or reject any conditions of approval, limitations or other obligations that would apply to the owner of the Site or property, or any existing or future Site licensee, as a condition of such zoning authority's approval; provided, however, Licensor shall not unreasonably withhold or delay approval of any such conditions of approval,limitations or other obligations. Licensee agrees that any Modification,or change in use of the Licensed Space,as approved herein,requires an amendment hereto which may entitle Licensor to compensation. Licensee shall be solely responsible for all costs and expenses associated with(i)any zoning application or amendment submitted by Licensee,(ii)making any improvements or performing any other obligations required as a condition of approval with respect to same and(iii)any other related expenses. 3.7 Utilities. Licensee shall pay for all electricity and other utilities it uses. If separate metering is unavailable,Licensee shall pay a share of such costs as allocated by Licensor. 4. TERM The term of this Agreement shall commence on the Term Commencement Date and continue until the earlier of the expiration or termination of the Prime Lease(the"Term"). 5. PAYMENTS Any payments due hereunder shall be made by check payable to Please pick from the list of Crown Operating Entities, PO Box 203127,Houston,TX 77216-3127. Licensee shall include the IDE Business Unit No. on or with each payment. 6.INTERFERENCE 6.1 Interference to Licensee's Operations. Licensor agrees that neither Licensor nor Licensor's other users of the Site or property adjacent to the Site controlled or owned by Licensor,whose equipment is installed or modified subsequently to Licensee's Equipment ("Subsequent Use"), shall permit their equipment to interfere with Licensee's permitted transmissions or reception. In the event that Licensee experiences RF interference caused by such Subsequent Use,Licensee shall notify Licensor in writing of such RF interference and Licensor shall cause the party whose Subsequent Use is causing said RF interference to reduce power and/or cease operations in order to correct and eliminate such RF interference within seventy-two(72)hours after Licensor's receipt of such notice. In the event Licensor is notified of any RF interference experienced by Licensee alleged to be caused by a Subsequent Use,the entity responsible for the Subsequent Use shall be obligated to perform(or cause to be performed)whatever actions are commercially reasonable and necessary at no cost or expense to Licensee to eliminate such RF Prepared by: Prepared on: 5 CROWN CASTLE STANDARD FORM TLA 2-12-07 16E 9 Customer Site Name: Crown Site Name: Customer Site Number: JDE Business Unit: License Identifier: interference. Licensor further agrees that any licenses or other agreements with third parties for a Subsequent Use will contain provisions that similarly require such users to correct or eliminate RF interference with Licensee's operation of its Equipment following receipt of a notice of such interference. 6.2 Interference by Licensee. Notwithstanding any prior approval by Licensor of Licensee's Equipment, Licensee agrees that it will not allow its Equipment to cause RF interference to Licensor and/or other pre-existing uses of users of the Site in excess of levels permitted by the FCC. If Licensee is notified in writing that its operations are causing such RF interference,Licensee will immediately take all necessary steps to determine the cause of and eliminate such RF interference. If the interference continues for a period in excess of seventy-two(72) hours following such notification, Licensor shall have the right to require Licensee to reduce power and/or cease operations until such time as Licensee can make repairs to the interfering Equipment. In the event that Licensee fails to promptly take such action as agreed, then Licensor shall have the right to terminate the operation of the Equipment causing such RF interference,at Licensee's cost,and without liability to Licensor for any inconvenience, disturbance,loss of business or other damage to Licensee as the result of such actions.Licensee shall indemnify and hold Licensor and its subsidiaries and affiliates harmless from all costs,expenses,damages,claims and liability that result from RF interference caused by Licensee's Equipment. 7. RELOCATION OF EQUIPMENT BY LICENSOR Licensor shall have the right to change the location of the Equipment(including re-location of Equipment on the tower to an elevation used by other licensees)upon sixty(60)days written notice to Licensee,provided that said change does not, when complete, materially alter the signal pattern of the Equipment existing prior to the change. Any such relocation shall be performed at Licensor's expense and with reasonably minimal disruption to Licensee's operations and shall be evidenced by an amendment to this Agreement. 8. RF EXPOSURE Licensee agrees to reduce power or suspend operation of its Equipment if necessary and upon reasonable notice to prevent exposure of workers or the public to RF radiation in excess of the then-existing regulatory standards. 9. LIENS Licensee shall keep the Licensed Space,the Site and any interest it or Licensor has therein free from any liens arising from any work performed,materials furnished or obligations incurred by or at the request of Licensee, including any mortgages or other financing obligations, and shall discharge any such lien filed, in a manner satisfactory to Licensor,within thirty(30)days after Licensee receives written notice from any party that the lien has been filed. 10. MUTUAL INDEMNIFICATION Each party shall indemnify, defend and hold the other party, its affiliates, subsidiaries, directors, officers, employees and contractors, harmless from and against any claim, action, damages, liability, loss, cost or expense (including reasonable attorney's fees), resulting from or arising out of the indemnifying party's and/or any of its contractors',subcontractors',servants',agents'or invitees'use or occupancy of the Site. 11. INSURANCE Licensee shall carry public liability insurance covering its use of the Site with companies and in a form satisfactory to Licensor. The policy shall name Licensee ars insured and Licensor as an additional insured. The policy shall bear endorsements to the effect that the insurer agrees to notify Licensor not less than thirty(30)days in advance of any modification or cancellation thereof. At a minimum,Licensee and all parties accessing the Site for Prepared by: Prepared on: 6 CROWN CASTLE STANDARD FORM TLA 2-12-07 1 6 E I Customer Site Name: Crown Site Name: Customer Site Number: JDE Business Unit: License Identifier: or on behalf of Licensee (other than independent contractors, which must provide coverage specified by Licensor) shall obtain the following insurance coverage: (i)Statutory Workers' Compensation including$500,000 Employers' Liability;(ii)Comprehensive General Liability including personal injury,broad form property damage,independent contractor, XCU and products/completed operations with limits not less than $2,000,000 per occurrence; (iii)Automobile Liability with limits not less than$1,000,000 per occurrence; and(iv)Fire and extended coverage insurance on all of Licensee's improvements at the Site including all of Licensee's Equipment and other personal property at the Site. The amount of the insurance limits identified above shall be increased on every fifth (5th) anniversary of the date of this Agreement by twenty-five percent(25%)over the amount of the insurance limits for the immediately preceding five (5)year period. All insurers will be rated A.M. Best A-(FSC VIII)or better and must be licensed to do business in the jurisdiction where the Site is located. The insurance requirements in this Agreement shall not be construed to limit or otherwise affect the liability of Licensee. All policies required to be provided pursuant to this Article 11 shall contain a waiver of subrogation in favor of Licensor. Licensee shall provide certificates evidencing said coverage to Licensor upon execution hereof. Licensee shall provide a copy of said policies to Licensor upon request. 12. CASUALTY OR CONDEMNATION 12.1 Casualty. In the event that the Site,or any part thereof, is damaged by fire or other casualty not caused by Licensee,Licensor shall have ninety(90) days from the date of damage, if the damage is less than total destruction of the Site,in which to make repairs,and one hundred and eighty(180)days from date of destruction,if the Site (including the tower structure) is destroyed, in which to replace the destroyed portion of the Site. If Licensor fails for any reason to make such repair or restoration within the stipulated period and the damage or destruction effectively precludes Licensee's use of the Site as authorized under this Agreement, then either party may, at its option, terminate this Agreement without further liability of the parties, as of the date of partial or complete destruction. If, for any reason whatsoever, Licensee's use of the Site is interrupted due to casualty, Licensee's sole remedy shall be the aforementioned right to terminate this Agreement. Except with regard to repair of the Site as stated in this Section 12.1,Licensor shall not be responsible for any damage caused by vandalism or acts of God. In no event shall Licensor be liable to Licensee for damage to the Equipment or interruption or termination of Licensee's operations caused by forces majeure or acts of God. 12.2 Condemnation. If any part of the Site shall be taken under the power of eminent domain, Licensor and Licensee shall be entitled to assert their respective claims in accordance with applicable state law. 13. DEFAULT,REMEDIES,WAIVER OF CONSEQUENTIAL DAMAGES Either of the following shall constitute an event of default hereunder:(i)Licensee's failure to either pay any amount due hereunder within ten(10) days of written notice from Licensor that said payment is delinquent; or(ii) either party's failure to cure any breach of any covenant of such party(not related to timeliness of payments)herein within thirty(30)days of written notice from the non-breaching party of said breach;provided,however,such thirty (30)day cure period shall be extended upon the breaching party's request if deemed by the non-breaching party to be reasonably necessary to permit the breaching party to complete the cure,and further provided that the breaching party shall commence any cure within the thirty (30) day period and thereafter continuously and diligently pursue and complete such cure. All delinquent amounts shall bear interest at the lesser of one and one-half percent(1 ''/2%) per month, or the maximum amount permitted by law. Except as otherwise provided in this Agreement, neither party shall be liable to the other for consequential,indirect,special,punitive or exemplary damages for any cause of action whether in contract,tort or otherwise,hereunder. 14. USE OF HAZARDOUS CHEMICALS Licensee must inform Licensor if it will house batteries or fuel tanks at the Site. The use of any other hazardous chemicals at the Site requires Licensor's prior written approval. Licensee agrees to provide to Licensor no later than each January 15th,an annual inventory of its hazardous chemicals at the Site. Prepared by: Prepared on: 7 CROWN CASTLE STANDARD FORM TLA 2-12-07 16E 1 Customer Site Name: Crown Site Name: Customer Site Number: JDE Business Unit: License Identifier: 15. GOVERNING LAW,VENUE The laws of the state where the Site is located, regardless of conflict of law principles, shall govern this Agreement,and any dispute related to this Agreement shall be resolved by arbitration or litigation in said state. 16. ASSIGNMENT,SUBLEASE,SHARING This Agreement may not be sold,assigned or transferred,in whole or in part,by Licensee without the prior written approval or consent of Licensor, which consent may be withheld at Licensor's sole discretion. Any such assignment shall be evidenced by a form provided by Licensor and executed by Licensor,Licensee and the assignee. Licensee shall not sublease or license its interest in this Agreement, either directly or through subsidiaries or affiliated entities. Licensee shall not share the use of its Equipment with any third party. 17. NOTICES All notices hereunder shall be in writing and shall be given by (i) established express delivery service which maintains delivery records, (ii) hand delivery or (iii) certified or registered mail, postage prepaid, return receipt requested. Notices may also be given by facsimile transmission,provided the notice is concurrently given by one of the above methods. Notices are effective upon receipt,or upon attempted delivery if delivery is refused or if delivery is impossible.The notices shall be sent to the parties at the following addresses: As to Licensee: Telephone Number: Facsimile Number: As to Licensor: Please pick from the list of Crown Operating Entities 2000 Corporate Drive Canonsburg,PA 15317 Attention: Legal Department Telephone Number: (724)416-2000 Facsimile Number: (724)416-2353 Licensor or Licensee may from time to time designate any other address for this purpose by giving written notice to the other party. 18. PRIME LEASE AGREEMENT Licensor and Licensee acknowledge that Licensee's use of the Site is subject and subordinate to the Prime Lease. A redacted copy of the Prime Lease is attached as Exhibit D hereto. Licensee agrees to be bound by and to perform all of the duties and responsibilities required of the lessee,grantee or licensee as set forth in the Prime Lease to the extent they are applicable to the access to and use of the Site. 19. TERMINATION 19.1 Withdrawal or Termination of Approval or Permit. In the event any previously approved zoning or other permit of a Government Entity affecting the use of the Site as a communications facility is withdrawn or terminated, this Agreement shall be deemed to have been terminated effective as of the date of the termination of the permit or approval. Prepared by: Prepared on: 8 CROWN CASTLE STANDARD FORM TLA 2-12-07 16E I Customer Site Name: Crown Site Name: Customer Site Number: JDE Business Unit: License Identifier: 19.2 Termination of Prime Lease. In the event that the Prime Lease terminates for any reason, this Agreement shall be deemed to have terminated effective as of the date of the termination of the Prime Lease. 20. NO WAIVER No provision of this Agreement will be deemed to have been waived by either party unless the waiver is in writing and signed by the party against whom enforcement is attempted. 21. NON-DISCLOSURE The parties agree that except to the extent required by law,without the express written consent of the other party, neither party shall reveal, disclose or publish to any third party the terms of this Agreement or any portion thereof, except to such party's auditor, accountant, lender or attorney or to a Government Entity if required by regulation, subpoena or government order to do so. Notwithstanding the foregoing, either party may disclose the terms of this Agreement to any of its affiliated entities, and Licensor may disclose the terms of this Agreement to any of its lenders or creditors or to third parties that are existing or potential lessees or licensees of space at the Site as may be reasonably necessary with respect to the operation,leasing,licensing and marketing of the Site,including, without limitation, terms relating to Licensee's permitted frequencies for the purposes of RF compliance tests and terms relating to Licensee's Equipment installed, or to be installed, on the tower for the purposes of structural analysis. 22. SUBORDINATION,NON-DISTURBANCE,ATTORNMENT 22.1 Subordination. Subject to Section 22.2,this Agreement and Licensee's rights hereunder are and will be subject and subordinate in all respects to: (i) the Security Instrument from Licensor in favor of Lender insofar as the Security Instrument affects the property of which the Site forms a part;(ii)any and all advances to be made thereunder;and(iii)any and all renewals,extensions,modifications,consolidations and replacements thereof. Said subordination is made with the same force and effect as if the Security Instrument had been executed prior to the execution of this Agreement. 22.2 Non-Disturbance. The subordination described in Section 22.1 is conditioned upon the agreement by Lender that,so long as this Agreement is in full force and effect and Licensee is not in material default (beyond applicable notice and cure periods)hereunder,Lender, for itself and on behalf of its successors in interest, and for any Acquiring Party, agrees that the right of possession of the Site and all other rights of Licensee pursuant to the terms of this Agreement shall remain in full force and effect and shall not be affected or disturbed by Lender in the exercise of its rights under the Security Instrument. 22.3 Liability of Parties.Licensee and Licensor agree(i)that any Conveyance shall be made subject to this Agreement and the rights of Licensee hereunder and(ii)that the parties shall be bound to one another and have the same remedies against one another for any breach of this Agreement as Licensee and Licensor had before such Conveyance; provided, however,that Lender or any Acquiring Party shall not be liable for any act or omission of Licensor or any other predecessor-in-interest to Lender or any Acquiring Party. Licensee agrees that Lender may join Licensee as a party in any action or proceeding to foreclose,provided that such joinder is necessary to foreclose on the Security Instrument and not for the purpose of terminating this Agreement. 22.4 Attornment. Licensee agrees that, upon receipt by Licensee of notice to attorn from Lender or any Acquiring Party, along with reasonable supporting documentation, (i)Licensee shall not seek to terminate this Agreement and shall remain bound under this Agreement, and (ii) Licensee shall attom to, accept and recognize Lender or any Acquiring Party as the licensor or lessor hereunder pursuant to the provisions expressly set forth herein for the then remaining balance of the Term of this Agreement and any extensions or expansions thereof as made pursuant hereto. Licensee agrees, however,to execute and deliver, at any time and from time to time, upon Prepared by: Prepared on: 9 CROWN CASTLE STANDARD FORM TLA 2-12-07 16E 1 Customer Site Name: Crown Site Name: Customer Site Number: JDE Business Unit: License Identifier: the request of Lender or any Acquiring Party any reasonable instrument which may be necessary or appropriate to evidence such attornment. [Remainder of Page Intentionally Left Blank] Prepared by: Prepared on: 10 CROWN CASTLE STANDARD FORM TLA 2-12-07 16E 1 Customer Site Name: Crown Site Name: Customer Site Number: JDE Business Unit: License Identifier: IN WITNESS WHEREOF,the parties hereto have set their hands and affixed their respective seals the day and year first above written. Licensor Please pick from the list of Crown Operating Entities By: Date: Print Name: Title: Area: Licensee [INSERT NAME OF LICENSEE] By: Date: Print Name: Title: Prepared by: Prepared on: 11 CROWN CASTLE STANDARD FORM TLA 2-12-07 16E 1 Customer Site Name: Crown Site Name: Customer Site Number: JDE Business Unit: License Identifier: EXHIBIT A to Short Form Tower License Agreement SITE AND ACCESS AREA LEGAL DESCRIPTIONS (insert metes and bounds description of Site and access area here) Prepared by: Prepared on: 12 CROWN CASTLE STANDARD FORM TLA 2-12-07 16E 1 Customer Site Name: Crown Site Name: Customer Site Number: JDE Business Unit: License Identifier: EXHIBIT B to Short Form Tower License Agreement APPROVED SITE ENGINEERING APPLICATION AND TOWER LEVEL DRAWING (insert approved Site Engineering Application and CAD-generated Tower Level Drawing describing the antenna(s)on the tower structure and all other Equipment,including their locations,here) Prepared by: Prepared on: 13 CROWN CASTLE STANDARD FORM TLA 2-12-07 16E I Customer Site Name: Crown Site Name: Customer Site Number: JDE Business Unit: License Identifier: EXHIBIT C to Short Form Tower License Agreement SITE PLAN;LOCATION AND DIMENSIONS(LENGTH,WIDTH,HEIGHT) OF EQUIPMENT BUILDING/FLOOR SPACE AND ANY OTHER INSTALLATION AT THE SITE (insert equipment cabinet and generator(if any)location here) Prepared by: Prepared on: 14 CROWN CASTLE STANDARD FORM TLA 2-12-07 16E I Customer Site Name: Crown Site Name: Customer Site Number: JDE Business Unit: License Identifier: EXHIBIT D to Short Form Tower License Agreement PRIME LEASE AGREEMENT (insert a copy of the ground lease here) Prepared by: Prepared on: 15 CROWN CASTLE STANDARD FORM TLA 2-12-07 16E 1 AFTER RECORDATION,PLEASE RETURN TO: ATTN: Christian A.Farmakis Babst,Calland,Clements and Zomnir,P.C. Two Gateway Center,7th Floor Pittsburgh,PA 15222 (412)394-5400 MEMORANDUM OF GROUND LEASE AGREEMENT FOR COMMUNICATIONS TOWER [Pine Ridge II] THIS MEMORANDUM OF GROUND LEASE AGREEMENT FOR COMMUNICATIONS TOWER (thi ."Memorandum") is entered into on this 2 "%-* day of p-141A-A-.lam , 20 by and between Crown Castle Towers 06-2 LLC, a Delaware limited liabil,{ty company and subsidiary of Crown Castle USA Inc., whose principal mailing address is 2000 Corporate Drive, Canonsburg, Pennsylvania 15317, successor to New Cingular Wireless PCS, LLC, a Delaware limited liability company ("Lessee"), and Collier County, a political subdivision of the State of Florida, whose mailing address is: in care of Real Property Management, 3335 East Tamiami Trail,Naples, Florida 34112 ("Lessor"). Lessor and Lessee may hereafter be referred to as a"Party" and, collectively, as the"Parties". WITNESSETH: WHEREAS, New Cingular Wireless PCS, LLC and Lessor entered into that certain Ground Lease Agreement for Communications Tower dated the 8th day of June, 2010; and WHEREAS, Lessee and Lessor subsequently entered into that certain First Amendment to Ground Lease Agreept for Communications Tower dated the 2 L1 day of 4"A-N , 201 r, (Ground Lease Agreement for Communications ower and First Amendment f o Ground Lease Agreement for Communications Tower will hereinafter be collectively referred to as the "Lease Agreement"); and WHEREAS, pursuant to the Lease Agreement, Lessor leased to Lessee, and granted to Lessee certain access and utility easements over, under, and upon, a portion of Lessor's real property located in Collie County, Florida, being described as Tax Parcel Number 36765520006, and being further described on Exhibit A attached hereto (the "Premises"); and WHEREAS, the Parties desire to enter into this Memorandum to place the Lease Agreement on the public record. NOW THEREFORE, for and in consideration of the foregoing and other good and valuable consideration including the covenants and conditions more particularly set forth in the Lease Agreement,the Parties do hereby covenant,promise, and agree as follows: Site Name: Pine Ridge II - 1 - Loc ID: 81682623 BUN: 857506_ (B2302612.1) 16E . 1. The foregoing recitals are true and correct and are expressly incorporated herein by this reference. 2. The terms and conditions of the Lease Agreement are incorporated herein by this reference. Any capitalized terms not defined herein shall have those meanings as set forth in the Lease Agreement. 3. This Memorandum evidences Lessor's lease, and grant, to Lessee of the Premises. 4. The Lease Agreement commenced March 5, 2011, and will continue for a term of ten (10) years, which term will automatically renew for four(4) additional five (5)year terms. 5. Lessor granted to Lessee, its successors and assigns for the purposes provided herein and in the Lease Agreement, for use by Lessee and Lessee's employees, agents, contractors, sublessees, licensees and their employees, agents and contractors, a non-exclusive access easement throughout the life of this Lease for free ingress and egress and for the installation and transmission of utilities on the Demised Premises seven (7) days a week, twenty-four (24) hours a day. 6. This Memorandum is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions, or provisions of the Lease Agreement, all of which are hereby ratified and affirmed. This Memorandum shall be binding upon and inure to the benefit of the Parties and their respective executors, administrators, heirs, successors, and assigns, subject to the provisions of the Lease Agreement. [Signature pages follow] Site Name: Pine Ridge II -2 - Loc ID: 8168_2623 BUN: 857506 {B2302612.1} 1 6 E I IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Memorandum of Ground Lease Agreement for Communications Tower the day and year first above written. AS TO THE LESSOR: DATED: /- a(,. .2 0/fi BOARD OF COUNTY COMMISSIONERS, COLLIER COUN 4i LORIDA ATTEST: ar ' D „ GHT E. BROOK, Clerk BY: 444, a ' CL By' a c `+ -:-.),044 / f%-/A 4-,4- e L)/4' Z.-/W 411, "ST. / C/4/4,'t../3••A A/ A est as to •u n s NI ',, . • 1 e , I eputy Clerk Approved as to form and leg,: ° c0G3?) aca Jenniferel edio , ` 50 ‘4\Assistant County Attorney % ..- g k6ACKNOWLEDGEMENT STATE/COMMONWEALTH OF . : SS: COUNTY OF . I, , a Notary Public hin and for the State/Commonwealth of , duly commissioned and act• do hereby certify that on this day of , 2015, personally ap► .red before me , to me personally known to be the person who Signel e foregoing instrument, and who, being by me duly sworn and being informed of the contents o aid instrument, stated and acknowledged under oath that he is the Chairman of the Board of Coun ommissioners, Collier County, Florida, and, as such, is a duly certified individual who may en • into agreements on behalf of that entity. Moreover, he has acknowledged that the entity .. executed the same as its voluntary act and deed and was voluntarily executed by himself, on be I. f of said entity, for the uses, purposes and consideration therein mentioned and set forth. 1 WITNE : my hand and seal as such Notary Public the day and year above written. My Commission Expires: Nota' 'ublic [SIGNATURE PAGE TO MEMORANDUM OF FIRST AMENDMENT OF GROUND LEASE FOR COMMUNICATIONS TOWER] [PINE RIDGE II] Site Name: Pine Ridge II -3 - Loc ID: 81682623 BUN: 857506_ {B2302612.1) I -J i 16E 1 LESSEE: CROWN CASTLE TOWERS 06-2 LLC, a Delaware limited li. y company Witness B L`. Y� Witness Name- Irian livlc Title. Manager, Tower Development Implementation ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF WASHINGTON I, Sheila Osborne, a Notary Public within and for the Commonwealth of Pennsylvania, duly commissioned and acting, do hereby certify that on this Anel day of 1\j ovp,ry\be.r ,2015, personally appeared before me Brian Glivic, of Crown Castle Towers 06-2 LLC,to me personally known to be the person who signed the foregoing instrument, and who, being by me duly sworn and being informed of the contents of said instrument, stated and acknowledged under oath that he is the Manager, Tower Development Implementation,of Crown Castle Towers 06-2 LLC, and, as such, is a duly certified individual who may enter into agreements on behalf of that entity. Moreover, he has acknowledged that the entity has executed the same as its voluntary act and deed and was voluntarily executed by himself, on behalf of said entity,for the uses,purposes and consideration therein mentioned and set forth. WITNESS my hand and seal as such Notary Public the day and year above written. Q -P UL— Notary Public My Commission Expires: 11/13/18 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Sheila Osborne.Notary Public Canonsburg Bono.Washington County My Commission Expmes Ncv.13.2018 MEMBER.PENNSYLVANIA ASSOCIATION OF VOTARIES [SIGNATURE PAGE TO MEMORANDUM OF FIRST AMENDMENT OF GROUND LEASE FOR COMMUNICATIONS TOWER] [PINE RIDGE II] Site Name: Pine Ridge ge II -4 - Loc ID: 8168_2623 BUN: 857506 (B2302612.1} 16E 1 EXHIBIT A DESCRIPTION OF PREMISES Page 1 of 2 Being the same property conveyed to Collier County, Grantee, from William S. Parker and Naomi B. Parker, husband and wife, Grantor, by Deed recorded 12/10/1993, as Book 1893, Page 552 of the Collier County records. Being the same property conveyed to Collier County, Grantee, from Angela Mangiafridda, a single woman, Grantor, by Deed recorded 12/10/1993, as Book 1893, Page 551 of the Collier County records. Being the same property conveyed to Collier County, Grantee, from Louise V. Taylor, as Trustee, under an unrecorded trust agreement entitled Louise V. Taylor Revocable Living Trust, Under Agreement dated September 16, 1987, Grantor, by Deed recorded 12/10/1993, as Book 1893,Page 549 of the Collier County records. Being the same property conveyed to Collier County, Grantee, from Donald Stevens Sells, a married man, Grantor, by Deed recorded 12/10/1993, as Book 1893, Page 547 of the Collier County records. [See attached] {B2302612.1} 1 6•E is • E & A 'lJ 11 1 !! ! NISp cq UJ -- a L.-4-' na. ga o cea a 1.2' tam 3 _ a1111 {'it J♦ ♦ J . J 1 1 rc 0 0 q 1 i p ill 111 i i Lt ,ti li 5: 2 1% 1 i /( 9 /" ( — —e' /—.. L — — JII --- _ grtifW vi I ' — 1 Is �uauui ummi , I : :\ 211, I I i I i o 1 � � 1. .,u Ili ; r M •--- !i V �— s—+ ,N V 221 lili Riii 1 g il °IF 8 i 5 tl 1 QY W !1131111! \ ` 3�NVN31 03HS V 17-10' 1 / 11N� a. I. dd Z • Y illk-Ii-- 0 g,•g W `- 0 a