Agenda 01/26/2016 Item #16E 1 1/26/2016 16.E.1 .
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Rucomuouencaaaac to approve Firs: Amomdmnemrcm Ground Lcume /�grecmmco or Comm urtioation�
Tower with Crown Castle Towers. 06-02 LLC and a Memorandum of Ground Lease Agreement for
Communications Tower on behalf of Parks and Recreation/Public Services.
OBJECTIVE: To redefine the leased area and revise several conditions contained in a previously-
approved Ground Lease at the Max Hasse, Jr. Community Park.
CONSIDERATION: The Board approved a Ground Lease Agreement for Communications Tower
(Lease) on June 8, 2010, Item 16 D. 8., with New Cingular Wireless PCS, LLC, recently assigned to
Crown Castle Towers 06-2 LLC (Tenant), in order to lease 075 square feet of vacant land for the
installation of a 155' communications monopole(Monopole)at that location.
The Lease requires the Tenant to remove an existing light pole in the outfield and replace it with the
Monopole and then reinstall the County's lights. The Tenant also agreed to provide three locations to the
County for its communications equipment and equipment shelter at no expense to the County.
At this time,the Tenant has requested a smaller leased area, 750 square feet, also located in the same area
as outlined in the original Lease. The Tenant will provide the County with two locations on the Monopole
at no expense to the County, to which the County is agreeable as new communications technology no
longer requires three locations. The height of the Monopole will remain at 155'above-grade.
The Amendment also changes the mailing addresses for the parties involved. All other terms contained in
the Lease shall remain in full force. The attached Memorandum is a short form of the Lease which
outlines the major components of the Lease should the Tenant elect to record the Lease in the Public
Records.
FISCAL IMPACT: There is no fiscal impact associated with the Executive Summary.
GROWTH MANAGEMENT: There is no Growth Management Impacts associated with this Executive
Summary.
lLKIGAy, CONSIDERATIONS: This item is approved as to form and |eg,ulity, and requires majority
vote for approval.—JAB
RECOMMENDATION: That the Board of County Commissioners approves the attached First
Amendment to Ground Lease Agreement for Communications Tower and the Memorandum of Ground
Lease Agreement for Communications Tower and authorizes the Chairman to execute same.
PREPARED BY: Michael Dowling, Senior Property Management Specialist
Division of Facilities Management
Attachments:
1) First Amendment and Memorandum of Ground Lease Agreement for Communications Tower
2) Original Agreement
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Item Summary: Recommendation to approve a First Amendment to Ground Lease
Agreement for Communications Tower with Crown Castle Towers, 06-02 LLC and a
Memorandum of Ground Lease Agreement for Communications Tower on behalf of Parks and
Recreation/Public Services.
Meeting Date: 1/26/2016
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior, Facilities Management
12/17/2015 2:46:35 PM
Submitted by
Title: Property Management Specialist, Senior, Facilities Management
Name: DowlingMichael
12/17/2015 2:46:37 PM
Approved By
Name: pochopinpat
Title: Operations Coordinator, Administrative Services Department
Date: 12/18/2015 10:20:45 AM
Name: Lino idiDennis
Title: Division Director-Facilities Mgmt, Facilities Management
Date: 12/18/2015 2:13:55 PM
Name: MottToni
Title: Manager-Property Acquisition &Const M,Facilities Management
Date: 12/18/2015 2:56:04 PM
Name: WilliamsBarry
Title: Division Director-Parks &Recreation,Parks &Recreation
Date: 12/22/2015 4:32:40 PM
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T_).
Name: PriceLen
Title: Department Head-Administrative Svc, Administrative Services Department
Date: 1/7/2016 5:22:46 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 1/8/2016 10:25:09 AM
Name: WellsLaura
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 1/13/2016 3:24:51 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/15/2016 11:37:05 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 1/15/2016 2:47:27 PM
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FUR
COMMUNICATIONS TOWER. entered into this day of . 2015. at Naples.
Collier County. Florida by and between Crown Castle Towers 06-2 LLC, a Delaware limited liability
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, 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,
3333 East Tamiami Trail,Naples, Florida 34112, hereinafter referred to as "LESSOR".
WITNESSET11
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 (510.00) and other valuable consideration, the Lease is hereby
amended as follows:
Lease i- hereby deleted in its entirety and the toilowing provision is substituted in its
1. Article 1 of the i � d
place:
ARTIC:I._E 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
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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 detects 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 obliaation mo perform under this Agreement shall be s°abject to and conditioned upon:
(a) LESSEE'S obtaining, at its option and cost. a survey, geotechnical report and analysis tests ssiiich
must show no defects which. in the opinion of the LESSEE. may adversely affect LESSEE'S use of the
Demised Premise,:
(b) LESSEE'S approval of the condition of the Demised Premises. which may be subject to. at
LESSEES option. an ens ironniental 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 front the Federal Communications Commission, the Federal Aviation Administrator, and any
other federal, state or local regulatory agency having jurisdiction over LESSEES proposed use of the
Tower: and
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(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. LESSORS 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 wive 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
Canonsbur g Penns\l\ania 15317
LESSOR:
Board of County Commissioners
c!o Real Property.Management
3335 East Tamiami 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.
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IN liNESS WHEREOF. the LESSEE and LESSOR have hereto eNecutea Int., Mrs', Amendment to
Ground lease A aireement for Communications Tower the day and year first above written.
AS TO THE LESSEE:
DATED:
By: /
Witness (sip ture) BMAN GLIVIC
Manager Tower Development implementation
(print name)
/
Witness(sittnature)
A f• -'-) tf?
(print name)
AS TO THE LESSOR:
DATED: BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGH F E. BROCK, Clerk
TIM NANCE. Chairman
By:
. Deputy Clerk
Approved as to form and legal it :
C.)
Jennifer A. Belpedio
k 6\\
s4.
Assistant County Attorney \10
4
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See attached;
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Licens iderltiii:
SHORT y'fOR\1 TOCl';R I_!c!.' SE REEMI\J
(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 cos enants 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 Licensors interest in the real property of which
the Site forms a part through a Conveyance.
"AM Detunina 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 ans'
other transfer,sale or conveyance of the Lc t is interest I. the property of which the Site forms
a part under peril of foreclosure or similar remedy. includin withem limitation to the generality
of the fore wing, 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
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Customer Site Name: Crown Site same:
.11F i11 ISU s:ne ti E:: •
iitermountatior `_Stun:" ..iL neleentiOL '1 z1:-.
as deescrincd in SCCtuon_. , p;lOw.
"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 (S ) to defray Licensors costs incurred in evaluating a Site Engineering
Application.
-Prime Lease" The lease;si. subiease(si or other prior agreementtst 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 S 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 bs 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 tow=er 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 he 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"I'LL.2-12-07
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Customer Site 'a ni Crown Site Name.
us r,rnE. ufnh �, silo Business
_.l iTi.7il C..
"Site Rules" The"Site Rules-or its successor. issued bs 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
req uirenients.
"Structural Analysis Fee" The fee payable by Licensee to Licensor in the amount of
Dollars(S )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 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 tent at the Site within the Licensed S as such Equipment
o., „ .,:, Equipment pace, s tic
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 thin one hundred eithts f I SO)day s of commencement of its initial installation of Equipment.the right to install
any such antennas and lines not installed shall be deemed waived, wish 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 tee. 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
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customer Site Name: Crown Site Name:
tirririf,i I Q rte_.
ionaition<_ E'receuert .. instabatror of c:quiumen, Alodification sonis i ,tirdin,_
arrvthim 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: (it 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(S )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 L's Licensor to perform the Work in accordance with Section 2.5, Licensee shall provide
to Licensor all Closeout Documentation within fore-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 (Si ) for the purpose of defraying Licensors costs
associated with preparation of the Closeout Documentation required hereunder.
3. ACCESS. LSE OF SITE
:\cress 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, ~tires, 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 he 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
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3.4 Licensee's Use of the She. Licensee shall use the Licensed Space at the Site to install. operate
and maintain only the Equipment and /hu|l 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 rxpunac, all p*ruts, 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 zoninamuthodty 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 uodmr(ii) require revisions to any such zoning application or amendment. Licensor also reserves the
right, prior to any decision by the applicable zoning ^uzbuh/y, 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 he 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 shah pay for all c|rcoici/I and other utilities it uses. If separate metering is
unavailable,Licensee shall pa\ a share of such costs as allocated h 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 Lruseuhv-Teru,l.
5. PAYMENTS
Any payments due hereunder shall be made by check payable to Please pick from the list of Crown
Opel-atilt,' Entities, pO Box 1V]l17,Houston. TX 77116'3117. Licensee shall include the JnF Business Unit No.
on or ss ith 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 propert adjacent to the Site controlled or owned by Licensor. whose equipment is installed
or modified subsequently to Licensee's Equipment (-Subsequent Use-I, shall permit their equipment to interfere
with Li�enoec'^ permitted tra'rsmis ions or reception, in the c cot that Licensee experiences RI interference caused
by such Subsequent Use. Licensee shall notify Licensor in writing of such RF interference and Licensor shall cause
the party ‘vhnsc Subsequent Use is causing said RE' interference to reduce posser and or cease operations in order to
correct and eliminate such RE interference ss ithin ses enry-t\vo C2 hours after Licensor's receipt of such notice, In
the event I icensor is notified of any RF interference experienced by Licensee alleged to he caused by a Subsequent
Use,the entity responsible for the Subsequent Lse shall he obligated to perform(or cause to he performed)sshaiever
actions are commercially reasonable and necessary at no cost or expense to Licensee to eliminate such RF
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CROWN CASTLE STANDARD FORM TLA 2-12-07
Packet Page-866-
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Customer Site Name:
ustomer Sire Name:
tc .. f ust es, `'nit..
oricratior . . ..1 7;i v,.•Mu receipt co a notice of st .
t .=
Interference by Licensee. yotwithstancine am prior approval h■ Licensor of Licensee':
Equipment. Licensee aurees that it will not alloys 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 RE 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 svorkers 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 indemmifv. 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 as 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
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CROWN CASTLE STANDARD FORM TLA 2-12-07
Packet Page -867-
1126/201 6 1 6.E. .
t<,nt,., 4-cute°
Crown Site Name:
tun(:nte- Finsiness
•
ormrencrisive personal 1(1.1117,. N, to-a o: care .n.:cn.noer',
cunir cto:. ::1 and products:c tnpietec operations v.itl, limit no: its: than ✓2.000.000 ucr occurr.:nce:
(iii)Automobile liability with limits not less than 51.000.000 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(1 S0)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 aken 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.T. 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: pros ided.however, such thirty
(30) day cure period shall he 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
parry- shall commence any cure w=ithin the thirty (30) day period and thereafter continuously and diligently pursue
and complete such cure. .',ll delinquent amounts shall bear interest at the lesser of one and one-half percent(I °o)
pc: mo th, or the maximum amount permitted by law. Except as otherwise provided in this Agreement, neither
parr) shall he liable to the ether for consequential, indirect,special, punitive or exemplar) 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 Licensee's prior written approval. Licensee agrees to provide to Licensor
no later than each January 15th,an annual inventors of its hazardous chemicals at the Site.
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Packet Page -868-
1/767901 e
— I
Customer Site\ame: C:rown Site Name:
u.,_. . �: 00nf1;C: . - ;EV . ni 1. _ ._. �....
Agreement. and am dispute related to this Agreement snail he resolved M arbitration or (nigation in said state. 1
1
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 Cron 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 nsee'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 hound by and to
perform all of the duti:s and responsibilities required of the lessee. grantee or licensee as set forth in the Prime Lease
to the extent they are applicable to the aecLss to and use of the Site.
19. TERMINATION
19.1 Withdrawal or Termination of Approval or Permit. to 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.
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Packet Page -869-
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customer Site \dame: Crown Site 's:ame:
sittnse- : a, n 7L Business
v,i,tes
2C. NO \\ .i.I\'Eit
No provision of this Agreement will he 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 he 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. SI_'BORDINATION.NON-DISTLI RBA\CE,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 tiii) 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.
222 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 i hereunder. Lender. for itself and on behalf of its successors in interest.
and for any Acquiring Pam' 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 Liabilit'.of Parties Licensee and Licensor agree tit that an conveyance shall be made subject to
this Agreement and the rights of Licensee hereunder arid (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 I..ender or any Acquiring Pam' 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 is a party in any action or proceeding to foreclose.provided that such joinder is necessary to foreclose
on the _c_0u instrument and not. the purpose of terminating Los Aereemeat.
Attornment. Licensee a_ ees that. upon receipt by Licensee of notice to attorn from Lender or
any Acquiring Parity. along with reasonable supporting documentation. (i) Licensee shall not seek to terminate this
Agreement and shall remain hound under this Agreement, and tilt Licensee shall attorn 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
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CROWN CASTLE STANDARD FORM TLA 2-12-07
Packet Page -870-
1/26/9016 16.
custorne7-Site 7\ Crown Site Name:
[Renlainder of Pan 1nini ional
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CROWN CASTLE STANDARD FORM TLA 2-12-07
Packet Page -871-
1P6/7016
Customer Stir \:nw Cro r. `it( 7‘°.::n1C:
r -.
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:
I l
I �
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CROWN CASTLE STANDARD FOR\1 TEA 2-12-07
Packet Page -872-
,126/2016 16.
Customer Site Name: Crown Site Name:
■inscr, and bound,ds:riptir c Sue and dec.:as: area nerd
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Packet Page -873-
1/26/2016 16.E.1
Customer Site Niime:
Crovip ii' \arne
en, Lusinesi !nit:
(insert approved Site Engineerin2 Application and CAD-generated Tower Level Drawine
describing the antenna(s)on the tosser structure and all other Equipment. including their
locations,here)
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CROWN CASTLE STANDARD FORM TLA 2-12-07
Packet Page -874-
1/26/2016
Customer Site Name: Cron%n Site Name:
OTHER I - 1 ALL A i10 I I Hi S
(insert equipment cabinet and generator(if any)location here)
l
II
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CROWN CASTLE STANDARD FORM TLA 2-12-07
Packet Page -875-
1/26/7016
ustonter Snit, \arm:: C rors n Sh Nmi :
Eiusines nr,
t insert a com of the ground lease here
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CROWN CASTLE STANDARD FORM TLA 2-12-07
Packet Page -876-
Babst. Caliand- Clement::and Lomnir.
I vc(,Gateia∎ C em:21. _` Flov..
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 (this "Memorandum") is entered into on this day
of . 2015, by and between Crown Castle Towers 06-2 LLC, a
Delaware limited liability 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 Cineular 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 Agreement for Communications Tower dated the day of
2015, (Ground Lease Agreement for Communications Tower and First
Amendment to Ground Lease Agreement for Communications Tower will hereinafter be
collectively refered 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 11 - 1 -
LocID: 8168 2623
BUN: 857506
IB=-(„»_
Packet Page -877-
1/7-6/201
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: 81682623
BUN: 857306
03.302612.1}
Packet Page -878-
1/26/2016 16.E.1 .
AS TO THE LESSOR:
DATED: BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT F. BROCK,Clerk BY:
TIM NANCE, Chairman
Bv:
Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio +Gt�''� ,O C O..
Assistant County Attorney t4 I'
ACKNOWLEDGEMENT
STATE/COMMONWEALTH OF
$ :
COUNTY OF
. a Notary Public within and for the State/Commonwealth of
dais commissioned and'actine. do hereby certify that on this day
of 2015. personally appeared before me _— . to me
personally known to be the person who si�: `ed the foregoing instrument, and who, being by me duly
r
sworn and being informed of the content5,6f said instrument. stated and acknowledged under oath that he
is the Chairman of the Board of Count`ti'Con-tn:issioners. Collier County. Florida, and_ as such, is a duly
certified individual who may cuter into agreements on behalf of that entity. Moreover, he has
acknowledged that the entity ha.; 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
set forth,
WITNESS Air hand and seal as such Notary Public the day and year above written.
My Commission Expires:
Notary Pt�I�hc --- — -
Isici\ATI RI;PAGE TO SIEMORA\Dt'54 OE FIRST AMENDMENT OF CIRO('NI)LEASE FOR COMMUNICATIONS-RAVER]
(PINE RIDGE 1;
Site Name: Pine Ridge 11 -3 -
Loc 1D 8168 2623
BUN: 857506
Packet Page -879-
i f•6
i '10'7)01a r�� fti= P .�.
CROW .N CASTLE 'LOWERS 06-2. LLC.
i /1 a Delaware 1ltlliLed Idbili'i\' comp�'an\
k y ! ,
WitileS f}�
•
IL. �z- By:
W tness Name: Hail Glivic
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 , -r. day of KiCv lo/,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 uts voluntar\ 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 Notar\ Public the day and year above written.
{Gr
J4 ^ (
4 4�
L„,
Notary Public My Commission Expires: 1113/1
tiOT ARIAL SEAL
Sheila Dsb<xne.
Ca KX$rY�t bile
on> urg c. 1'a<shinrYCv C a;t y
t`'?Cxninission 4cv 1a
to
kiC LEER. C.EANZ%VAII,A7C' Of
ISIGNA rt E!:PAGE FO\4n`tuasarit st OF nest AMENDMENT OF GROUND LEASE FOR COMMUNICATIONS 1 t)\\r:f:S
;PINE RiDGE
Site Name: Pine Rid;'e it -4 -
Ltoc ID: 8168 2623
RUN: 857506
Packet Page -880-
1/26/2016 16.E1 .
nT-
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
1 893. Paige 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!
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GROUND LEASE ACItEE.MEN1
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Lr.. ..,. cw: Jun_. !. t,_,o".ten ii:Tinsc i.._,i. mna.
ni iI no address of _ C rn_uit Suite 12,0ti. -.ipharcna C:/,30004,hereinafter,eterred to a: 'LESSEE". :Mc
...OLLIElt COUNTY, e polnieai subdivision of the State of Fioriaa, s\nosr mailing address is /301 East Jan-liar-Ili
Trail,Naples,Florida 341112.hereinafter referred to as"LESSOR."
WiTNESSETH
THE PARTIES AGREE AS FOLLOWS:
ARTICLE I. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the area of one existing field
light pole as shown on Exhibit "A" and referred to as 'Proposed 160' monopole,' which shall be replaced with
LESSEES free-standing flagless flagpole 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,and
ground space measuring twenty-five(25)foot by thirty-five(35)foot for a fenced area for an above-ground equipment
shelter and generator to supply the communications tower, located at the Max Hasse Park, hereinafter referred to
collectively as 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 Agreement.
LESSEE shall provide LESSOR, without any cost of rent to LESSOR. three (3) locations on the tower at a
height of one hundred fifty-five feet(155').one hundred fifteen feet(115')and one hundred five feet(105'),in order
for LESSOR to operate any future communications or surveillance equipment upon the tower. LESSEE shall provide
to LESSOR, at no cost to LESSOR, a fenced area to accommodate an above-ground equipment cabinet and diesel
generator for LESSOR'S exclusive use.LESSEE shall pay the cost of LESSOR'S monthly electric service at this site.
LESSOR shall be responsible for the cost of purchasing its own antenna and for installing and operating its antenna.
LESSEE shall he responsible for all costs associated with the maintenance and replacement of'the Tower
throughout the life of this Lease, Not withstanding any provision in this Lease. including Article 7 and Article 17.
upon the termination or expiration of this Lease Agreement, 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 he 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 use granted for this use on the Demised Premises is based on a
Conditional Use 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 addresses the Public Use District(P)and Essential Sere ices.If at any time after the initial term,as
defined in Article 2 of this Agreement, 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; Packet Page-883-
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(c) LESSEE'S securing appropriate approvals for LESSEE'S intended use of its Tower on the Demised
Premises from the 1-eOeral Communications Commission, the Federal Aviation Administrator. and am.
other i&teral_ ._,,,a. recite,_r,t ., t1 ie . C ', sir. 0•'C! .1,
G ., ta. I t,_ 3(01101...: 1a._ .. ..,_, 1
Agreement. LESSEE, 1aai' terminate th:. <,_reeii e.t
Of this throng:, Fei Iliti notiet. LESStlitt anC+ D,'
"estorine the Demises t remise, tr its roaditirtil as or the date of rite essectriiiiit eement
te) 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."
LESSOR hereby grants to LESSEE a non-exclusive temporary construction easement,hereinafter referred to as
'Easement Area,' where indicated on Exhibit"A",in order to access the Demised Premises during construction of the
communications tower and related ground equipment area.LESSEE agrees to restore the surface and subsurface of the
Easement Area after construction has been completed,including,but limited to,the ball field's ground and grass.The
Easement shall expire upon the issuance of the Certificate of Occupancy for the Demised Premises.
Concurrently with the initial construction of the tower, at no cost to LESSOR, LESSEE shall relocate and
install the existing lights from the existing light pole at the same height they are currently located to the new tower,
and LESSEE shall ensure that all relocated lights are operational,
LESSEE shall locate its communications equipment at 145 foot and 135 foot CL and provide LESSOR with
three (3) primary locations at 155 feet CL. 115 feet CL and 105 feet. 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.
ARTICLE 2. 'fern of Lease
The initial term of this Lease Agreement shall be for a term of t n(10)years(the initial Term") commencing
upon the date LESSEE starts construction, or within 270 days after this Agreement is executed by LESSOR,
whichever occurs first, hereinafter referred to as the "Commencement Date." This Lease will he automatically
renewed for four (4) separate additional terms of five (5) years each, hereinafter referred to as the "Four(4) Year
Renewal Terms", unless LESSEE notifies LESSOR of its intentions not to renew at least ninety(90) days prior to
expiration of the then current term of the four(4)Year Renewal Terms. As stated above in this Agreement.LESSEE
understands and acknowledges that the use granted for this use on the Demised Premises is based on a Conditional
Use pursuant to Land Development Code (LDC) 2.03.O5.A.4.a_; 2.03.05.A: 2.03.05.A.3; and 2.01.02..A.4.. which
addresses the Public Use District(P)and Essential Services.
LF.SSt)R reserves the right to terminate this Lease,by providing LESSEE with written notice. if LESSEE shall
violate any provisions of this Lease and not remedy such defaults as required in Article 11 herein. LESSEE shall
terminate this Lease. at any time,with or without cause.by providing LESSOR with Ninety(90)day advanced written
notice.
In addition, LESSEE covenants and agrees not to use,occupy, suffer or permit said Demised Premises or any
part thereof to be used or occupied for any purpose that is not authorized by this Lease or is contrary to law or rules or
regulations of any public authority having jurisdiction over the Demised Premises.
ARTICLE 3. Annual Rent
Commencing on the first day of the month following the Commencement Date. LESSEE hereby covenants
and agrees to pay as rent for the Demised Premises the sum of Forty Thousand Dollars and 00/100 ($40,000.00)
hereinafter referred to as"Annual Rent,"that is to be paid in full,for rent for the first year of occupancy,and shall be
forwarded to Real Property Management at the address set forth in Article 13 of this Ageement.
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Following the first full year of Annual Rent. the Annual Rent set forth above shad be increased by
five percent or by the percentage increase in the Consumer Price Index (CPI) figure, whichever figure is
iuche . over the Rent paid iw LESSEE during,the preceding year.
Lis: '
` ,. iT;00:1 07
StD SlitIt m-m i. not available. : t'eii3r) governmental ) other nonpartisan publication. evaila-nb the
information therer i for use in d_terrninir_the Consume. Price mum. shall be use n lieu. o such Consume'
Price Index.
ARTICLE 4. Other Expenses and Charges
LESSEE shall pay all utility charges applicable to the Demised Premises including,but not limited to charges
for electricity, air conditioning, water, telephone or other communication services used, rendered or supplied
thereupon or in connection with the Demised Premises.LESSOR shall pay all utility charges applicable to the lights
which are to be relocated from the existing light pole and installed by LESSEE on the free-standing communications
tower. and LESSOR shall pay for utility charges pertaining to any surveillance equipment that may be placed on the
Tower by LESSOR.
ARTICLE 5. Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the Demised Premises which would
increase the amount of leased space or require a permit,LESSEE must provide to LESSOR all proposals and plans for
alterations, improvements.changes or additions to the Demised Premises for LESSORS written approval,specifying
in writing,and in meaningful detail,the nature and extent of the desired alteration,improvement,change,or addition,
along with the contemplated starting and completion time for such project.LESSOR or its designee will then have up
to thirty(30)days within which to approve or deny in writing said request for changes.improvements,alterations or
additions. LESSOR shall not unreasonably withhold, condition or delay to its consent to required or appropriate
alterations,improvements,changes or additions proposed by LESSEE.
LESSEE agrees and acknowledges that it is solely responsible for obtaining all licenses,permits and variances
that may be required for its contemplated use of the Demised Premises.
LESSEE covenants and agrees in connections with any maintenance, repair work, erection, construction,
improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised
Premises, to observe and comply with all then and future applicable laws. ordinance, rules, regulations, and
requirements of the United Sates of America.. State of Florida,County of Collier.and any and all other governmental
agencies having subject matter jurisdiction.
The execution of this Lease by LESSOR shall not be construed by LESSEE as a substitute for,or exemption
from,those licenses,permits,or variances that may he needed by the LESSEE for its contemplated use of the Demised
Premises,nor exempt the LESSEE from its duties under Federal,State and local laws.
Notwithstanding anything to the contrary, LESSEE may upgrade its installation without the consent of the
LESSOR. For the purpose of this Article,`Upgrade" shall refer to replacements. improvements or enhancements to
the installation which would not increase the amount of leased space on the ground and may or may not otherwise
require a permit.
ARTICLE 6. Access to Demised Premises
LESSEE, its duly authorized agents,contractors.representatives,employees and other LESSEE-shall have the
right to enter into and upon the Demised Premises twenty-four(241 hours a day, seven (7) days a week at no extra
charge.
ARTICLE''. Assignment and Subletting
LESSEE may assign this Lease provided LESSEE promptly notifies LESSOR of such assignment and the
assignment is subject to the provisions of this Lease. Further, LESSEE may, upon notice to LESSOR, mortgage or
grant a security interest in this Lease and the Communications Facility, and may assign this Lease and the
Communications Facility to any such mortgagees or holders of security interests including their successors and
assigns(hereinafter collectively referred to as"Mortgagees"). In such event,LESSOR shall execute such consent to
leasehold financing as may reasonably be required by Mortgagees.LESSOR agrees to notify LESSEE and LESSEE'S
Mortgagees simultaneously of any default by LESSEE and to give Mortgagees the same right to cure any default as
LESSEE.
LESSEE may sublease or license the Demised Premises or any portion of the Tower or shelter to others for the
purpose of radio transmission and communications services. LESSEE shall notify LESSOR within ninety(90)days
after entering into a sublease or sublicense agreement.
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ARTICLE S. indemnity
(a) LESSEE. agrees to indemnify_ defend and hold LESSOR harmless from and against any and
..I. :nru' 11220.C.ama s tu. P :y In",, L 7,,C, 11:-`20.1 0- ;orettoing 111_1!::.:11 en,ona:._
__. :,i_ eJl71" .13C-1 Cis �.. I. .. _,«i.L:T'___. ._J; 01- ..
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.11:_111C:1 I_...'. 'r CIL...,'i'fl . ....i..;,..._ .12 GI11:1(.:0.. a0et,': ' ,n_.. ent0.,cont,a t.:.:.,
(h) Only to the extent authorized by 768.28, Florida Statute. LESSOR agrees to indemnify,.
defend and hold LESSEE harmless from and against any and all injury, loss, damage or liability (or any claims in
respect of the foregoing),costs or expenses(including reasonable attorneys'� 'fees and court costs)arising directly from
om
the actions or failure to act of LESSOR or its employees or agents, or LESSORS breach of any provision of this
Agreement,except to the extent attributable to the negligent or intentional act or omission of LESSEE,its employees,
agents or independent contractors.
(c) Notwithstanding anything to the contrary in this Agreement, LESSEE and LESSOR each
waives any claims that each may have against the other with respect to consequential,incidental or special damages.
ARTICLE 9.Insurance
LESSEE shall provide and maintain general liability and property liability insurance policy(ies),approved by
the Collier County Risk Management Department, for not less than One Million Dollars ($1,000,000.00) combined
single limits during the term of this Agreement. In addition, LESSEE shall provide and maintain Worker's
Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and
federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand
Dollars and No/100 Cents($100,000.00)each accident.
Such insurance poiicy(ies)shall list and continuously maintain Collier County as an additional insured thereon.
Evidence of such insurance shall he provided to the Collier County Risk Management Department, 3301 East
Tamiami Trail, W.Harmon Turner Building,Naples, Florida,34112, for approval prior to the commencement of this
Lease Agreement; and shall include a provision requiring not less than ten (10) days prior written notice to Collier
County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage.
LESSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to
LESSEE, whereupon receipt of such notice LESSEE shall have thirty(30)days in which to obtain such additional
insurance.
ARTICLE 10.Maintenance
LESSEE shall maintain the tower and all related ground equipment at its sole cost and expense.
If by LESSEE'S use of the property, the Demised Premises are nor kept clean in the opinion of LESSOR,
LESSEE will be so advised in writing. If corrective action is not taken within ten (10) days of the receipt of such
notice. LESSOR may cause the same to be cleaned and corrected and LESSEE shall assume and pay all such
necessary cleaning costs and such costs shall constitute additional rent which shall he paid by LESSEE within ten(10)
days of receipt of written notice of costs incurred by LESSOR.
LESSEE, at its sole cost,shall repair all damage to the Demised Premises caused by LESSEE, its employees,
agents, independent contractors,guests, invitees,,licensees,or patrons.
If applicable. LESSEE, at its sole cost, shall remove from the Demised Premises in accordance with all
applicable rules, laws and regulations, ail solid, liquid, semisolid, and gaseous trash and waste and refuse of any
nature whatsoever which accumulates or arises from LESSEE'S use of the Demised Premises. Such trash,waste and
refuse shall be stored in closed containers approved by the LESSOR.
ARTICLE !1. Default by LESSEE
Failure of LESSEE to commence remedy of default as soon as possible and to complete remedy of default in
thirty{30) days with any provision or covenant of this Lease shall constitute a default whereby LESSOR may, at its
option,terminate this Lease by giving LESSEE thirty(30)days written notice to vacate the Demised Premises unless
the default is fully cured within that thirty(30)day notice period If the default may not reasonably be cured within a
thirty (30) day period. LESSOR may not terminate this Agreement if the defaulting party commences action to cure
the default within such thirty (30) prior and proceeds with due diligence to fully cure the default, However, the
occurrence of any of the following events shall constitute a default by LESSEE and this Lease may be immediately
terminated by LESSOR except to the extent then prohibited by law:
(a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation.
(b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR
pursuant to the terms of this Lease.
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(c) Filing of insolvency,reorganization,plan or arrangement of bankruptc,.
(d) Adjudication as bankrupt.
Tile LESSOR may. at in outlet,. terminat,. this Lease after providing iti) thin' :3U; c..'.. written
notice if a hen is filed against the leasehold Interest of the L,ESSEL.and the hen is not removed v"ithn.that thirty'"301
day notice period,pursuant te,the taw or oiLei .tsa.
If LESSEE fails to pay,when due,any rental payment,or any other sum payable to LESSOR under this Lease,
and if said sum remains unpaid for more than ten(10)days past the due date,the LESSEE shall pay LESSOR a late
payment charge equal to five (5) percent of any payment not paid promptly when due. Any amounts not paid
promptly when due shall also accrue simple interest of one and one half(11/2)percent per month or the highest interest
rate then allowed by Florida law,whichever is higher,which interest shall be paid by LESSEE to LESSOR.
ARTICLE 12.Default by LESSOR
LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless
and until LESSOR shall have failed to perform such obligations within thirty(30)days{or such additional time as is
reasonably required to correct such default)after written notice to LESSOR by LESSEE properly and in meaningful
detail specifying wherein LESSOR has failed to perform any such obligations. If LESSOR fails to perform such
obligations within a reasonable amount of time following thirty(30)days written notification,LESSEE will have:(i)
the right to cure LESSOR's default and to deduct the costs of such cure from monies due to LESSOR from LESSEE,
and(ii)any and all other rights available to it under law and equity.
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:
New Cingular Wireless PCS,LLC
Ann: AT&T Network Real Estate Administration
Re:Cell Site#313X0051:Cell Site Name:Pine Ridge 11
Fixed Asset No: 10127365
12555 Cingular Way,Suite 1300
Alpharetta,GA 30004
With a copy to:
New Cingular Wireless PCS,LLC
Attn:Legal Department
Re:Cell Site#313X0051;Cell Site Name:Pine Ridge II
Fixed Asset No: 10127365
1025 Lenox Park Blvd,
5th Floor
Atlanta,GA 30319
LESSOR:
Board of County Commissioners
c/o Real Property Management
Building W
3301 Tamiami Trail East,Administration Building
Naples,Florida 34112
Copy to:
Office of the County Attorney
ARTICLE 14. Surrender of Premises
At the expiration or termination of this Lease,at its sole cost and expense, LESSEE shall remove its antenna
and any related equipment placed above grade and upon the Demised Premises throughout the life of this Lease within
One hundred and twenty(120)days from the expiration,termination,or early termination of this Lease.
5
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ARTICLE 15 Gcneia!Provisions
LESSEE fully understands that the police and law enforcement ,emm/ protection provided by law
:mer:EImcn` a:eouE :ho,^'refermczJ Dmn`rd tho:rm.'id,!ci `oxnrm|`:,ho,inc�� n' | ^°°,
�in.nC� v. Ccxi�' �uur', un( xou`pv\��o�' m� ur• r�xu: r�cc�r �c�,'�` o�:,= n'crs�� |c
�6d�.onu� tvontc/n, n^ ���/�� ^��'s� 2iia , o'�c�Sc!
n^COS- o':xpus- uLEE,SO1,
LESSEE exprescl\ agrees Ia: itself. ii. successor ant:assians.to reirain from arts us: n. tOe vemiscd Premise
which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where
oUter operations share common fsschittes or otherwise.
(a) Rights not specifically granted the LESSEE b) this Lease are hereby reserved to Use LESSOR.
(b) LESSEE agrees to pay all tax imposed on the leasehold interest or otherwise related to the rental of the
Demised Premises to the extent applicable under law.
(c) LESSEE agrees to pay all intangible personal property taxes and other taxes,if any,that may be imposed due to
the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said
leasehold interest in the Demised Premises.
ARTICLE 16.Environmental Concerns
if after LESSEE takes possession of the Demised nmmiouo, hazardous materials are discovered to exist ou,
under or beneath the Demised Premises, LESSEE may terminate this Agreement and LESSEE shall owe no further
duties, obligations or liability to LESSOR. LESSOR shall be responsible for,and hold LESSEE harmless from, any
expenses incident to the abatement or compliance with the requirements of any fedem|, state or local statutory or
regulatory requirements caused directly or indirectly by the activities of LESSOR and LESSOR'S agents, employees
or contractors, or resulting from the presence of Hazardous Materials hereafter brought onto the Premises by
LESSOR'S or LESSOR'S agents,employees,licensees,invitecs,tenants or contractors.
LESSEE shall comply with all laws,ordinances,rules, orders or regulations applicable to Hazardous Materials.
LESSEE shall not use the Premises or the Easement for treatment, storage, transportation to or from, use or disposal
of Hazardous Materials (other than petroleum products necessary for the operation of an emergency electrical
generator to serve the Equipment). LESSEE shall be responsible for and hold Lessor harmless from, umrcspcu,c
incident to the abatement or compliance with the requirements of any federal, state or local statutory or regulatory
requirements ouvsud, directly or indirectly, by the activities o{ LSSSEE or LESSEE'S uo"om, employees or
mouractvrs, or resulting from the presence of any Hazardous Materials brought onto the Premises by LESSEE,
LESSEE'S agents, employees, licensees, invitees. or contractors. As used in this Agreement. "Hazardous Materials"
shall mean any and all polychlorinated h'p|,un'|s, petroleum pn,docts, asbestos, urea formaldehyde and other
hazardous or toxic materials, wastes or mha:m*:s, any poUommts, and/or contaminants, or any other similar
substances or materials which are defined or identified as such in or regulated by any federal,state or local laws, rules
or regulations(whether now existing or hereinafter enacted) pertaining so environmental regulations, contamination,
cleanup or any judicial or administrative interpretation of such laws, rules or regulations or any substance that after
release into the environment and upon exposure, ingestion, inhalation or assimilation, either directly from the
environment or directly through food chains will or may reasonably be anticipated to cause death, m,eme, behavior
abnormalities,cancer or genetic abnormalities.
ARtICLE 17.Interference
(a) Where there are existing radio frequency user(s) on the Property the LESSOR will provide LESSEE
with a list of all uxistinoouio frequency user(s) on the Propert to allow LESSEE to evaluate the potential for
interference. LESSEE warrants that its use of the premises will not interfere with existing radio frequency user(s)on
the,Property so disclosed by LESSOR,as long as the existing radio frequency user(s)operate and continue to operate
within their respective frequencies and in accordance with all applicable laws and regulations.
(u) lESSOR will not use,nor will LESSOR permit its employees.LESSEEs, licensees, mt see's or agents to
use, any portion of the Property in any way which interferes with the Communication Facility, the operations of
LESSEE or the rights of LESSEE under this Agreement. LESSOR will cause such interference to cease within
twenty-four(24)hours after receipt of notice of interference from LESSEE. In the event any such interference does
not cease within the aforementioned cure period then the parties acknowledge that LESSEE will suffer irreparable
inlury.and therefore, LESSEE will have the right, in addition to any other rights thai it may have at law or in equity,
for LESSOR's breach of this Agreement, to elect to enjoin such interference or to terminate this Agreement upon
notice to LESSOR. LESSEE covenants and agrees that LESSEE'S communications equipment its inrtaUauooc,
operations and maintenance will: a)not interfer with the operation of LESSOR'S communications in the immediate
area. In the event there is interference by L£SSos. LESSEE will promptly take all steps necessary to correct and
eliminate same within a reasonable period of time. If LESSEE is unable to eliminate such interference caused by it
within 48 hours after receipt of written notice from LESSOR,LESSEE shall temporarily disconnect the electric power
and shut down its equipment (except for intermittent operation for the purpose of' testing, after performing
maintenance, repair, modification replacement, or other action taken for the purpose of correcting such interference)
and if such interference is not corrected within 30 days after receipt of the written notice,Tenant agrees to remove the
Equipment from the Communication Tower and this Agreement shall terminate as if by expiration; b)Not interfere ,
«
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with the maintenance of LESSORS operations at the Demised Premises; 0 Comply With all applicable rules tine:
regulations of the Federal Communications Commission and electrical codes of the City andior State concerned.
ARTICLE 1 f.l ad on Cat
i CCI L.,. , .l 'IW;- ,. ...Ii ..sees. I r _1'
quammee, present health risks to persons aai:o ..v e..po,Ci .a i, (1..3' 3 ni ra001 IIii 'teem,
and state guidelines have been found in buildings in Florida. ?addi Iona, iniorma,io-, r-s,arding radon anti radon
testing may be obtained from your County public health unit.
ARTICLE 19. Extent of Liens
All persons to whom these presents may come are put upon notice that no interest of the LESSOR in the
Demised Premises shall not be subject to liens for improvements made by or through the LESSEE, also for
improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of
the LESSOR in the Demised Premises or any part of either.This notice is given pursuant to the provisions of and in
compliance with Section 713.10,Florida Statutes.
ARTICLE 20. Effective Date
This Lease shall become effective,upon execution by LESSOR.
ARTICLE 21. Governing Law
This Lease shall be governed by and construed in accordance with the laws of the State of Florida.
ARTICLE 22.SALE OF PROPERTY
If LESSOR, at any time during the Term of this Agreement, decides to sell, subdivide or rezone any of the
Premises,all or any part of the Property or Surrounding Property,to a purchaser other than LESSEE,LESSOR shall
promptly notify LESSEE in writing, and such sale, subdivision or rezoning shall be subject to this Agreement and
LESSEE'S rights hereunder. In the event the Property is transferred,the new LESSOR shall have a duty at the time
of such transfer to provide LESSEE with a completed IRS Form W-9,or its equivalent,and other related paper work
to effect a transfer in Rent to the new LESSOR. The provisions of this Paragraph 22 shall in no way limit or impair
the obligations of LESSOR under Paragraph 8 above.
ARTICLE 23.CONDEMNATION
in the event LESSOR receives notification of any condemnation proceedings affecting the Property,LESSOR
will provide notice of the proceeding to LESSEE within forty-eight(48)hours. if a condemning authority,takes all of
the Property,or a portion sufficient, in LESSEE'S sole determination,to render the Premises unsuitable for LESSEE,
this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be
entitled to pursue their own separate awards in the condemnation proceeds, which for LESSEE will include, where
applicable, the value of its Communication Facility, moving expenses, prepaid Rent, and business dislocation
expenses. LESSEE will be entitled to reimbursement for any prepaid Rent on a prorata basis.
ARTICLE 24,CASUALTY
LESSOR will provide notice to LESSEE of any casualty or other harm affecting the Property within forty-
eight(48)hours of the casualty or other harm. If any part of the Communication Facility or Property is damaged by
casualty or other harm as to render the Premises unsuitable, in LESSEE's sole determination, then LESSEE may
terminate this Agreement by providing written notice to LESSOR,which termination will be effective as of the date of
such casualty or other harm. Upon such termination, LESSEE will be entitled to collect all insurance proceeds
payable to LESSEE on account thereof and to be reimbursed for any prepaid Rent on a prorata basis. LESSOR agrees
to permit LESSEE to place a temporary transmission and reception facilities on the Property,but only until such time
as LESSEE is able to activate a replacement transmission facility at another location;notwithstanding the termination
of the Agreement, such temporary facilities will be governed by all of the terms and conditions of this Agreement,
including Rent. If LESSOR or LESSEE undertakes to rebuild or restore the Premises and/or the Communication
Facility, as applicable,LESSOR agrees to permit LESSEE to place temporary transmission and reception facilities on
the Property at no additional Rent until the reconstruction of the Premises and/or the Communication Facility is
completed. If LESSOR determines not to rebuild or restore the Premises, LESSOR will notify LESSEE of such
determination within thirty(30) days after the casualty or other harm. If LESSOR does not so notify LESSEE,then
LESSOR will promptly rebuild or restore the Premises to substantially the same condition as existed before the
casualty or other harm. LESSOR agrees that the Rent shall be abated until the Premises are rebuilt or restored,unless
LESSEE places temporary transmission and reception facilities on the Property.
Packet Page -889-
1/262016 16.--
.ARTICLE 25. MISCELLANEOUS
! !
(a.) A.rnmmenmrWxiver. This Agreement cannot uamenueC modified m revised unless done in
- 'n; and oned h' a:,a 'inr';ze:.agen1cf the LSISCr.c,y arrnJ rrn'donmo�'
'" i:!teuv:zouvn..,x HT' �s N o` `-' `r�s &��'�
11m/c: irOill mc vttecou.^un"x'=oth ,ze ^, wuzumon:m
Form, o� pxrt.\ mu oco:-c. tam M«moranuum u S,pr: Least: c u":, nmc: in ,tr L^mmu
discretion.at tat'reeordin part: ezpcn,^.
(c) Bind and Benefit. The terms and conditions contained in this Aizreernenl will run with the Propert
and bind and inure to the benefit of the parties. their respective heirs, executors, administrators.i o�,� successors and
assigns.
(d) Entire Agreement. This Agreement and the exhibits attached hereto. all being a part hereof,
constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements
with respect to the subject matter of this Agreement.
(f) Interpretation. Unless otherwise ,pecificd, the following rules of construction and interpretation
apply: (i)captions are for convenience and reference only and in no way define or limit the construction of the terms
and conditions hereof;(ii)use of the term "including"will be interpreted to mean "including but not limited to"; (iii)
whenever a party's consent is required under this Agreement,except as otherwise stated in the Agreement or as same
may be dup|icativo, such consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an
integral part of the Agreement and are incorporated by reference into this Agreement; (v) use of the terms
"termination" or "expiration" are interchangeable; (vi) reference to a default will take into consideration any
applicable notice, grace and cure periods; and (vii) to the extent there is any issue with respect to any alleged,
perceived or actual ambiguity in this Agreement,the ambiguity shall not be resolved on the basis of who drafted the
Agreement.
(g) Estoppel. Either party will,at any time upon twenty(20)business days prior written notice from the
uth:r, cxcvute, acknowledge and deliver to the other a statement in writing (i) certifying that this Agreement is
unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying this
Agreement, as so modified, is in full force and effect)and the date to which the Rent and other charges are paid in
advance, if any.and(ii)acknowledging that there are not,to such party's knoi ledge.any uncured defaults on the part
of the other party hereunder,or specifying such defaults if any are claimed, Any such statement may be conclusively
relied upon by any prospective purchaser or encumbrance of the Premises. The requested party's failure to deliver
such a statement within such time will he conclusively relied upon by the requesting party that(i)this Agreement is in
full force and effect,without modification except as may be prop dyrepre,cntedhxtheoqvrstiuupuny.(i0thvrcme
no uncured defaults in either party's performance,and(iii)no more than one month's Rent has been paid in advance.
(h) vv'y. LESSOR agree to provide LESSEE with a completed IRS Form W-9,or its equivalent,upon
execution of this Agreement and at such other times as may be reasonably requested by LESSEE.
(i) No Electronic Signature/No Option. The submission of this Agreement to any parry for
examination or consideration does not constitute an offer.reservation of or option for the Premises based on the tennis
set forth herein. This Agreement will become effective as a binding Agreement only upon the handwritten legal
execution,aclanowledment and delivery hereoihv LESSOR and LESSFE.
(j) 8rmmbi|iru If any term or condition of this Agreement is found unenforceable,the remaining terms
and conditions will remain binding upon the parties as though said unenforceable provision were not contained herein.
However, if the invalid,illegal or unenforceable provision materially affects this Agreement then the Agreement may
he terminated by either party on ten(10)business days prior written notice to the other party hereto.
(k) Counterparts. This Agreement may be executed in two(2)or more counterparts, all of which shall
be considered on and the same agreement and shall become effective when one or more counterparts have been signed
by each of the parties, It being understood that all parties need not sign the same counterpart,
IN WITNESS WI IEREOF.the parties hereto has e hereunder set forth their hands anu seats.
AS'l'O THE LESSOR:
DATED:
ATTEST: .`z ° BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROOK,Clerk COLLIER CO FLORIDA
g- ~' —
'
BY: — ���— -~ �
� ' � �� ~ --
vDeputy Clerk FRED W.COYLE,Chairman I.
�
| '
Packet Page -890-
1/26/2016 16.E 1 .
AS TO THE LESSEE:
Ivav,
Signatura) Dclawara binned liabilit) aorapaft'
1 Kathy Pori(D;
By: AT&T Mobility Corporation
(Print Name) 1
By:
Bruce Cook
(Signature) (Print name)
Real Estate&
1.
Construction Mr
j r“. Its:
(Print Name) /C.)
Approved as to form and legal sufficiency:
Jennifer B. hite,Assistant County Attorney
Packet Page -891-
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