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Agenda 03/08/2016 Item #16A14
3/8/2016 16.A.14. EXECUTIVE SUMMARY Recommendation to notify the Florida Department of Agriculture and Consumer Services — Forestry Division of Collier County's intent to terminate the lease of Tract 126, Golden Gate Estates Unit No. 23 (SW corner of 8th Street NE and Randall Boulevard). (No fiscal impact.) OBJECTIVE: To notify the lessee (Forestry Division) of the lessor's (Collier County) intent to terminate that certain lease entered into on September 23, 1986. CONSIDERATIONS: The initial lease term was for 20 years. One of the lease provisions was that said lease would automatically renew for successive five year terms "all without any lapse whatsoever." After the second automatic renewal, the new termination/renewal date became the end of September 2016. Therefore, in accordance with the terms of the lease,requiring 180 days advance notice by either party of its intent to terminate the lease, it is important for the County to notify the Forestry Division of the County's intent to terminate the lease during the month of March 2016 so that the lease does not automatically renew for another five year term beginning in September 2016. The County will continue to work with the Forestry Division in a best effort to identify a suitable alternative location. The planned widening of Randall Boulevard will require the acquisition of additional right-of- way from all of the properties along the south side of Randall Boulevard (including the county- owned property located at the South West corner of the intersection of 8th Street NE and Randall Boulevard). In order to avoid complications with the lessee of the subject property at the time of the expansion of Randall Boulevard, and payment of compensation for the loss of a portion of their leasehold interest, it is best that the property be unencumbered from its current lease. Furthermore, while Emergent Development Group, Inc., is no longer an active corporation registered with the Secretary of State's Division of Corporations, should the parties to the Developer Agreement entered into on July 28, 2010, and recorded in Official Records Book 4591, Page 1762, of the Public Records of Collier County, Florida, desire to resurrect the provisions of said agreement, the agreement requires the County to "trade" the subject property with the Big Corkscrew Island Fire Control and Rescue District in exchange for a five acre parcel of land along Immokalee Road at the west end of 24th Avenue NE, to be used for a stormwater retention and treatment pond required in connection with the construction of the Randall Boulevard"fly-over" at the intersection with Immokalee Road. Unless the Forestry Service lease is terminated, compliance with the Developer Agreement becomes problematic. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. —JAK Packet Page -397- 3/8/2016 16.A.14. RECOMMENDATION: To sign a letter prepared by staff providing notice to the Florida Department of Agriculture and Consumer Services — Forestry Division, of Collier County's intention to terminate the lease over Tract 126, Golden Gate Estates Unit No. 23, according to the plat thereof, recorded in Plat Book 7, Page 9, of the public records of Collier County, Florida. Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager, Transportation Engineering Division, Growth Management Department Attachments: 1. September 23rd, 1986 Lease Agreement 2. "Developer Agreement—Emergent Development" 3. Location Map 4. County Attorney Review of Lease Termination 5. Draft Letter to the Florida Department of Agriculture and Consumer Services Packet Page -398- 3/8/2016 16.A.14. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.14. Item Summary: Recommendation to notify the Florida Department of Agriculture and Consumer Services - Forestry Division of Collier County's intent to terminate the lease of Tract 126, Golden Gate Estates Unit No. 23 (SW corner of 8th Street NE and Randall Boulevard). (No fiscal impact.) Meeting Date: 3/8/2016 Prepared By Name: HendricksKevin Title: Manager-Right of Way,Transportation Engineering&Construction Management 2/12/2016 2:23:20 PM Submitted by Title: Manager-Right of Way,Transportation Engineering& Construction Management Name: HendricksKevin 2/12/2016 2:23:21 PM Approved By Name: AhmadJay Title: Division Director-Transportation Eng, Transportation Engineering& Construction Management Date: 2/16/2016 7:57:38 AM Name: TaylorLisa Title: Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal Date: 2/17/2016 8:19:00 AM Name: LynchDiane Title: Supervisor-Operations, Road Maintenance Date: 2/18/2016 4:19:58 PM Name: KearnsAllison Title: Manager-Financial & Operational Sprt, Capital Construction&Maintenance Budget/Fiscal Date: 2/19/2016 7:40:55 AM Packet Page -399- 3/8/2016 16.A.14. Name: LynchDiane Title: Supervisor-Operations,Road Maintenance Date: 2/22/2016 8:41:58 AM Name: ShueGene Title: Division Director-Operations Support, Growth Management Department Date: 2/22/2016 9:19:05 AM Name: KlatzkowJeff Title: County Attorney, Date: 2/22/2016 9:43:48 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 2/23/2016 7:48:24 AM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 2/24/2016 8:58:45 AM Name: KlatzkowJeff Title: County Attorney, Date: 2/24/2016 10:32:32 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 2/29/2016 5:22:43 PM Packet Page -400- 3/8/201616.14. LEASE AGREEMENT THIS LEASE AGREEMENT is entered into this 2z,..,1 day of Sept. , 1986, between the STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES- FORESTRY DIVISION, hereinafter referred to as "LESSEE", and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA hereinafter referred as "LESSOR", and sets forth the terms and conditions for utilization of property located at the corner of Randall Road and 8th Street NE by the Division of Forestry. W I T N E S S E T H ARTICLE 1. Demised Premises In consideration of the services provided and the performance of the covenants hereinafter set forth, LESSOR hereby leases to LESSEE and LESSEE hereby rents from LESSOR the property described as follows: All of Tract 126, Unit 23, Golden Gate Estates according to plat thereof recorded in Plat Book #7, Page 9, of the Public Records . of Collier County, Florida, (containing r 5.46 acres). hereinafter called the "Demised Premises", (as shown in Exhibit "A", attached hereto and made a part hereof) situated in the County of Collier and State of Florida, for the sole purpose of operating a fire protection facility. ARTICLE 2. Term of Lease To have and to hold for a term of approximately twenty (20) years, commencing on the date of execution of this Lease Agreement by the parties hereto and ending the last day bf September, 2006. Provided that this lease is in full force and effect at the termination date, this lease shall auto-matically be renewed for successive five (5) year terms (renewal terms), all without any lapse whatsoever, unless one party gives the other party notice of termination of this lease prior to expiration of any term, which notice must be given at least one hundred eighty (180) days prior to the expiration of the Initial Term or any renewal term. Notice of termination shall be given in writing by registered or certified mail. ARTICLE 3. Minimum Rent In lieu of rent payments, LESSEE hereby agrees that the State of Florida Department of Agriculture and Consumer Services - Forestry Division shall provide fire protection when such need arises, for the sole purpose of pro- tecting the lives and property of the Citizens of Collier County. Such 1 Packet Page -401- 3/8/201616.A.14. pro-tection will be provided by LESSEE pursuant to its powers, authority and duties described in Section(s) 589.04, 590.02 and 590.025, Florida Statutes. ARTICLE 4. Lessee's Default in Payment In the event LESSEE fails to provide services as required under the provisions of this Lease Agreement, such failure to provide services as de- scribed shall constitute a default and LESSOR may, at its option, terminate this Agreement after ninety (90) days written notice to LESSEE, unless the default be cured within the notice period. ARTICLE 5. Modification to Demised Premises The parties agree that LESSEE may enter onto the Demised Premises as of the commencement date, but shall not build upon or use said premises as pro- vided in this Lease Agreement until LESSEE obtains any permits or provisional use approval required under the Code of Laws and Ordinances of Collier County, Florida prior to such activity, construction and use of said premises. Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying the nature and extent of the desired alteration, improvement, change, or addition, along with contemplated starting and completion time for such project. LESSOR or its designee will then have thirty (30) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If upon obtaining written consent and commencing said changes, alterations, additions, or improvements, LESSEE fails to complete its work once begun within the completion time as approved by LESSOR, LESSOR may at its election complete said changes, improvements, alter- . ations, or additions. If any costs are incurred by LESSOR as the result of LESSEE'S failure to begin, start or complete the proposed project and by LESSOR'S completion of the proposed project, then upon demand and within ninety (90) days of the demand, LESSEE shall pay to LESSOR the amount of cost incurred by LESSOR. No election to perform by LESSOR shall constitute waiver of any covenant or obligation of LESSEE or any future default. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises to 2 Packet Page -402- • • 3/8/201616.A.14. observe and comply with all present and future laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. Except as otherwise provided 'herein, all alterations, improvements, and additions to said Demised Premises shall be made in accordance with all applicable laws and shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR and shall remain for the benefit of LESSOR at the end of the terms or other expiration or termination of this Lease in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if prior to the termination of this Lease, or within ninety (90) days thereafter LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by LESSEF, and which are designated in said notice. Notwithstanding the foregoing, LESSEE shall at all times during the term of this Lease or within thirty (30) days following the termination thereof, retain the right to remove any mobile homes, modular buildings or fire tower owned by LESSEE and temporarily placed on the Demises Premises by LESSEE during the term of this Lease. LESSEE shall repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may effect said removals and repairs at LESSEE'S expense. LESSEE agrees to designate the southern portion of the Demised Premises as a "preserve", as defined by the Collier County Natural Resources Management Department. The preserve shall remain undisturbed for the duration of this Lease Agreement. This preserve may be used by either LESSEE or LESSOR for educational purposes (e.g. nature trails etc.) at no charge to either party. LESSEE also agrees, to use crushed rock or paver bricks in lieu of asphalt for the driveway/access road leading to the proposed modular homes, as requested by the Collier County Natural Resources Management Department. LESSEE also agrees to, acknowledges and accepts the EAC Stipulations stated in Exhibit "B", attached hereto and made a part hereof. F- Any personal property placed by LESSEE upon the Demised Premises are to �. remain LESSEE'S property and may be removed from the Demised Premises at the expiration of the lease term, except as herein provided. Packet Page -403- 3/8/201616.A.14. Upon commencement of the term of this Lease, LESSEE shall operate a fire protection facility as described above on the whole of the Demised Premises in a businesslike and reputable manner. 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 other than described above. ARTICLE 6. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of making such repairs or janitorial service provided therein, and for the purposes of inspection for compliance with the provisions of this Tease Agreement. ARTICLE 7. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person or organization shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease of subletting of the Demised Premises. ARTICLE 8. Indemnity and Insurance - LESSEE covenants and agrees that it will defend, protect, save and keep LESSOR forever harmless and indemnified against and from any penalty, damage, injury costs, or charges imposed for any violation of any law or ordinance, whether occasioned by the neglect of LESSEE or those holding under LESSEE, and that LESSEE will at all times defend, protect, indemnify and save and keep harmless LESSOR against and from all claims, loss, injury, costs, damage or expense arising out of or from any accident or other occurrence on or about the Demised Premises causing injury to any person or personal property whosoever and whatsoever, during the term of this lease or any extension hereof. The execution of this document shall in no wise constitute a waiver of the sovereign immunity rights of the parties under Chapter 768 of the Florida Statutes. 4 Packet Page -404- • 3/8/2016 16.A.14. ARTICLE 9. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is not taken within five (5) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within. ten (10) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 10. Utilities and Services All utilities and services shall be the responsibility of the LESSEE. LESSEE shall be responsible for the direct payment to the appropriate company for all utilities and services supplied to the Demised Premises. ARTICLE 11. Defaults by Lessee Failure of LESSEE to comply with any provision or covenant of this Agree- ment shall constitute a default, and except as provided for in Article 4 above, LESSOR may, at its option, terminate this Agreement after ninety (90) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). However, the occurrence of any of the following events shall constitute a default by LESSEE, and this Agreement shall automatically terminate ipso facto, notwithstanding the provisions of Article 11 herein: (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation. (b) Falsification by LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease. In the event of the occurrence of any of the foregoing defaults in this Article 11, LESSOR, besides other rights and remedies it may have, shall have the immediate right to cancel this Lease and reenter and remove all persons and property from the Demised Premises. 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 Packet Page -405- 3/8/2016 16.A.14. reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: Board of County Commissioners Hank Graham, District Forester Real Property Administration State of Florida Building "D" Division of Forestry 3301 East Tamiami Trail Route 28, Box 258 Naples, Florida 33962 Ft. Myers, Florida 33905 ARTICLE 14. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR pos- session of the Demised Premises and any non-removed improvements to the Demised Premises upon ninety (9O) days after expiration of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 15. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and acknowledged that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsi- bility and cost of LESSEE and shall involve not cost or expense to LESSOR. LESSEE agrees, at its own cost and expanse, to procure and continue in force general liability insurance covering any and all claims for injuries to persons occurring in, upon or about the Demised Premises. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of standard operations where other operations share common facilities. ARTICLE 16. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. wsssts 6 Packet Page -406- 3/8/2016 16.A.14. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. AS TO THE LESSOR: DATED: September 23, 1986 ATTEST:, BOARD OF COUNTY COMMISSIONERS JAMES-R,:CTerk COLLI . CO, TY, ORIDA� • dir inia Mag i (f . I• A. PISTOR, Chairman Deputy Clerk" AS PO LESSEE: T^i 9-jo-$iO /fi , 34- 1 �( By: ':!' ` /.01eLe. WITNES INNER, Commissioner DEPAR' INT OF AGRICULTURE / AND CONSUMER SERVICES ly} „� DIVISION OF FORESTRY WI NESS vvv/// Approved as to for and legal sufficie c Appr. e. or a leg•lij vid C.67Weigel Senior Attorney Assistant County tt rney 2 7 Packet Page -407- - . - 0 -- v°t F 'ivW. II _. 3/8/2016 16.A.14. l EXHIBIT "A" i f aflz ` '1'12 r7/.?' FI ., /( • i 1 ? 1. t I 3 L �5 I 1 i -------------, . ..; - . . \...._ z r (�, J . 1 1' • z,1 t it a Y '.i .. V r.. \ I . 1 1i 1 I. • I r ( - -.4 - • � Packet Page -408- • 1 . o c /t. 7 ■ • 3/8/2016 16.A.14. EXHIBIT "B" EAC STIPULATIONS 1. A site clearing plan shall be submitted to the Natural Resources Management Department and the;Community Development Division for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. 2. Native species shall be utilized, where available to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3 All exotic plants, as defined in the County code, shall be removed during the phase of construction from development areas, open space area, and preserve areas. Following site development a maintenance program shall be implemented to prevent re-invasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with the approved by the Natural Resources Management Department and the Community Development Division. 4. If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resource Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely . and efficient manner so as to provide only a minimal interruption to any constructional activities. 5. The modular home should be strategically located to minimize clearing within the pine flatwoods of the parcel. 6. The South portion of the parcel shall be preserved. 7. Detailed site drainage plans shall be submitted to the county engineer for review. No construction permits will be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the county engineer. 8. Any O.S.D.S. must conform to 1OD-6-FAC. Any establishment requiring a CCPHU permit must submit plans for review and approval. 2 Packet Page -409- INSTR 4459406 OR 4591 PG 1762 RECORDED 8/2/2010 4:24 PM PAGES 52 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT 3/8/2016 16.A.14. REC $443.50 DEVELOPER AGREEMENT EMERGENT DEVELOPMENT THIS AGREEMENT ("Agreement") is made and entered into this a8 day of 2010, by and between Emergent Development Group, Inc., a Florida corporation (hereinafteereferred to as "Developer", whose address is 3055 Terramar Drive,Naples, Florida, 34119, pursuant to the authorization set forth in the Amended and Restated Agreement & Restrictive Covenant filed with the GMP Amendment petition, and the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, a political subdivision of the State of Florida (hereinafter referred to as "County") PAC of Collier, Inc., a Florida corporation, (hereinafter referred to as "PAC"), and Big Corkscrew Island Fire Control & Rescue District,(hereinafter referred to . /,`f PREFACE\" � ,, This is a companion�i"gret- Developles\applic'tion with the County(Petition CP- 2008-2) to amend the County G .• ..,:x_- :, e Aden Gate Area Master Plan (the "GMP Amendment") to 4J d th• P •p.s,• d- - a • 6 n' parcels to the GMP's existing Randall Boulevard Commerci.l u••'s• ', . •, is c ni g int;upon the adoption of this amendment. Exhibit J show e\ownership parce 'as they pres±+ntly exist. Exhibit L shows the ownership parcels once the oigations set forth in tis.Agrecet have been completed. As a precondition to fully developing*, e\project, and as d t�d'beloW, transportation improvements are required, including the widening-of Randall Boulevard 1:fiCh is hereinafter referred to as the "Road Project" \ ty -- , ,-� ,>` This is a multiparty transaction°- i- er-1br Developer to assemble the intended Development, various land parcels will need to be exchanged among a number of parties, and relocation of existing public facilities must be accomplished. The Fire District will exchange Fire District Parcels A and B (which are legally described in the following recitals), in return for the North One Half(1/2) of the "Swap Parcel" (which is legally described in the following recitals). PAC, which will receive Fire District Parcel A, will relocate the Fire Station building from Fire District Parcel A to the North One Half(1/2) of the Swap Parcel. PAC will then be able to utilize the Fire District Parcel A to expand its present commercial center by 20,000 sq. feet. The County will exchange its current property (which is legally described in the following recitals), noted on Exhibit L as the "County Parcel," a portion of which is presently utilized by the State Forestry Service, in return for Fire District Parcel B, which will be used as a retention pond for the Road Project. Proceeds in this transaction will be used by the County to purchase from the Fire District the South One Half of the Swap Parcel, and Developer will pay the costs of relocating the State Forestry Service to the South One Half of the Swap Parcel. The Developer will then be entitled to ultimately construct 340,950 square feet of commercial uses. No impact fee credits are granted in this Agreement. 1 of 16 Packet Page -410- OR 4591 PG 1763 3/8/2016 16.A.14. RECITALS: WHEREAS, Developer has legal control over approximately 36.22 acres of property in unincorporated Collier County,Florida(the "EDG Parcels"), on which a commercial planned unit development is proposed in combination with other lands referenced herein;and WHEREAS, County owns a + 5.46-acre parcel in Collier County (hereinafter referred to as the "County Parcel" and which is legally described as Tract 126, Golden Gate Estates Unit No. 23, according to the plat thereof recorded in Plat Book 7, Page 9, of the public records of Collier County,Florida)a portion of which is leased to the State of Florida, Division of Forestry Service; and WHEREAS, Fire District owns one*...231:,.acre parcel in Collier County on which is located a firehouse, administration builcfi g; a of ieation tower("Fire District Parcel A" which is legally described as The Vie a of'"TraCt l;Golden Gate Estates Unit No. 23, according to the plat thereof rego'(d %in Plat Book 7, Page ;of the public records of Collier County, Florida, LESS Immok2alee .aad--rrgl"it-of way)and o°\ns another ± 5-acre unimproved parcel ("Fire District Parcel Bt' which iN iMcgally.-described as Tract S5, Golden Gate Estates Unit No. 23, according to the plat,ithe 9r 4 '0o �'agel 9, of the public records of Collier County,Florida,)which a t the sotth o , e ;o iti><e District Parcel A(collectively n " k 1 P d t the "Fire District Parcels"). an \4 _,- w.— _ - to C.;,_. 3 WHEREAS, Developer ..al'so has control ovetka + 5.46,- e parcel in unincorporated Collier County which is currently-unimproved (the "S ap Farce 1',{which is legally described as Tract 17, Golden Gate Estates Uni IN\0\24, according to the-Rlat;thereof recorded in Plat Book 7, Page 11, of the public records of Collier; . unty,Florrida ,and*hich is proposed to be exchanged for the Fire District Parcel B;and ` ,I c ;tt:- WHEREAS, PAC of Collier, Inc., owns and operates a shopping center on a parcel (the "Shopping Center Parcel" which is legally described as The East One Half of Tract 54, Golden Gate Estates Unit No. 23, according to the plat thereof recorded in Plat Book 7, Page 9, of the public records of Collier County, Florida, LESS Immokalee Road right-of-way) located to the East of Fire District Parcel A; and WHEREAS, County will be widening and/or reconstructing and/or realigning the intersection of Randall Boulevard and/or Immokalee Road in connection with the widening (the "Road Project"); and WHEREAS, the Road project will require the County to acquire lands from the EDG Parcels, the Shopping Center Parcel, the Fire District Parcel A, and to utilize a portion of the County Parcel in order to construct the Road Project, which may negatively impact the size, location and types of uses which exist or which may be allowed on these parcels;and WHEREAS, the impacts of the Road Project upon the County Parcel may require the County to relocate the facilities of the Division of Forestry Services to other property;and 2 of 16 Packet Page -411- OR 4591 PG 1764 3/8/2016 16.A.14. WHEREAS,the Road Project may require changes to the existing access from Immokalee Road and Randall Boulevard to the Fire District Parcel A, the Shopping Center Parcel and the County Parcel;and WHEREAS, the County would otherwise incur obligations to compensate the owners of the various parcels for lands needed for the Road Project;and WHEREAS, Developer proposes to develop the EDG Parcels, Fire District Parcel B and the County Parcel as a commercial planned unit development(the "Proposed Development"); and WHEREAS, PAC of Collier, Inc., proposes to expand and develop the Shopping Center Parcel by combining it with Fire District Parcel A, as a commercial planned unit development (the "Proposed Development B"); and WHEREAS,the Developer will also be filing an application with the County to rezone the Proposed Development parcels from their c tree ing classification of Estates to Commercial Planned Unit Development;and 4, COT; , T>N WHEREAS, this Agreeme"tt fsfructured to in 'at adequate public facilities are available to serve the Proposed'CeVelopment concurrent with' heir impacts of the Proposed Development occur on said public facilg es• and — J WHEREAS, it is defern}r� �hat' ii, rnt 7r'pvides the specific mitigation stipulations necessary to comi G ly /vit(i i thiM aOr eiAt Wan i(GI'4P) Transportation Element Policy 5.1 to make the Propo'ed,aevals(tiOntf_pii4 i,oposd I�e'tlopment B consistent with the GMP; and 1, - '/ WHEREAS,the parties ha \agreed to certain ferttis and Conditions set forth below; and WHEREAS, after reasoned ®o sideration by the:I3foard%'of County Commissioners, the Board finds that the terms and cond ans e -forth-below)a%e in conformity with contemplated improvements and additions to the Coun i ty= ranko oti network, and are consistent with both the public interest and with the County's comprehensive plan, and other regulations pertaining to development. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein,the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. The Developer will convey to County, at no cost to County, + eighty feet (80') of right-of-way. Fifty feet (50') located within the existing road easement shall be conveyed by Quit Claim Deed , and another +/- thirty feet (30') of additional right-of-way shall be conveyed by Warranty Deed to County, at no cost to County, along the entire Randall Blvd frontage of the property as depicted more accurately in the attached Exhibit "I". This right-of-way conveyance is sufficient for the construction of the Road Project as depicted in Exhibit`B". Total acreage + 6.8 acres (estimate). These right-of-way conveyances must occur prior to the approval of the First 3 of 16 Packet Page -412- oR 4591 PG 1765 3/8/2016 16.A.14. Site Development Plan for Phase I of the Proposed Development. To avoid the demolition and reconstruction of a partial sidewalk, the sidewalk required along the Developer's frontage on the southern edge of Randall Boulevard will be constructed as part of the Road Project. The sidewalk will be constructed within the eighty feet (80') of dedicated right of way at the Developer's sole cost and expense. The County and the Developer agree to provide approximately fifteen(15) ft of temporary shared cross access, slope and construction easements on each side of the newly dedicated right of way line in order to accommodate construction by either party as the Road Project or the development proceeds. 3. Once the Road Project is funded and within the Five Year Capital Improvement Element ("5 Yr CIE"), the County will provide Developer at least eighteen (18) months notice before construction on the Road Project is to commence. No later than fifteen(15) months prior to the scheduled commencement of construction of the Road Project, or within ninety (90) days after the approval of the Rezone of the Prapased--D.evelopment, whichever is sooner, the Fire District shall convey Fire District ParcerV10e!e` k er,in exchange for the North One Half of the Swap Parcel. Then the De lgand Co y�i: xchange the +5-acre Fire District Parcel B with the County-owned/5(116,/acre County Parcel. ev oper shall also pay to County $11,500.00 to account for the .46-acre fere�tce_hetw_een the 15arcels. Finally,the Developer will purchase for $125,000.00, at he same times a5-'the afor&mentioned transaction, the Fire District Parcel B, and then donate it f o tr it`y--.j rS 1--re �a�im agement from the widened roadway and the Proposed D vel Vii in z i'R• (B 1) f(ay r o the County provided notice as referenced earlier in this pars" •toi � ..'el'e•- hal.�oian06 the design, permitting and construction of the water maha_0 ent improvements. to acep' t estimated 11.2 acre/feet of stormwater, as determined by\tI eveloper's engin a acid/ ie/ ounty, to accommodate the Proposed Development and the 1,oail ,roject. The final de°� nnination of the number of acre feet will occur at the time of rezoning.' $water managemei t inprovements shall also consist of a Randall Boulevard storm sewer trunk`line. se rrl dacnts are more particularly depicted in the attached Exhibit "G" and are to be com eted-4a-thee sole cost and expense of the Developer. The Road Project storm water improvements are to be ultimately constructed compatible with the Developer's water management system as depicted on Exhibit "H". The initial construction of the Phase I Developer's project shall include the design, permitting and construction of drainage improvements consistent with Exhibit"F". Should the Developer fail to commence permitting of the water management improvements within this ninety (90) day period subsequent to notice, or fail to construct the water management system in a commercially reasonable manner, the County may proceed to construct the water management system, subsequent to written notice to the Developer, consistent with Exhibit "G." The Developer shall within ninety (90) days of notice from the County, reimburse the County for the necessary and reasonable documented costs of construction, and shall provide to County all plans, permits and necessary easements with respect thereto. Unless the County constructs the water management improvements on Fire District Parcel B, all materials excavated from Fire District Parcel B are the property of the Developer for use as fill on the Proposed Development site. All of the Core Development Parcels (EDG Parcels), as identified in Exhibit"J,"will be owned by the Developer,its affiliates or assigns, as a condition of the Planned Unit Development Rezoning approval for the Proposed Development. The North One Half of the Swap Parcel will be owned by Developer or conveyed to Fire District as a condition of approval of the first site development plan approval for Phase I of the Proposed Development. The Fire District shall convey Fire District Parcel A to PAC, its affiliates or 4 of 16 Packet Page -413- OR 4591 PG 1766 3/8/2016 16.A.14. assigns, for incorporation into Proposed Development B. Except as to the Quit Claim Deed, referenced in Section 2, all conveyances to be accomplished under this Agreement shall be free and clear of all liens and encumbrances, excepting easements for access, right-of-way, utilities or oil, gas and mineral reservations. Each party acting as a Grantor pursuant to this Agreement shall be responsible for costs of recording title work and searches and promptly removing any liens or encumbrances revealed in any title work for the properties that the Grantors are to convey. It is recognized by the Developer, PAC and the County that the exhibits for water management, right- of-way conveyance and road design are conceptual in nature and will be finalized at the time of the rezonings for the Proposed Development and the Proposed Development B. 4. The Developer will provide for a local access route through the Proposed Development that will assist in accommodating traffic movements through the existing Randall Boulevard Commercial Subdistrict, as depicted by the "cross-hatch" local access road segment in the attached Exhibit "0." The design of tl ese-aecess_points will be a joint effort between the County Transportation Department, theittkiti 'ect„0ngtneering consultant, the Developer and i' the owners within the existing Rand u1evard Cone ia`Subdistrict. Developer shall grant the owners within the existing Randalkgoulevard Commerca} u�\district an easement for ingress and egress, and utilities, consi%ent ill Th mflnal_Phase II rNod design plan as depicted in the attached Exhibit"D." Total acreage= -5'ere. a 5. The Developer`, per the terms e , 41*grite o_ relocate the Forestry Service facility to the South One H If-atl 41 I' eliliainnti I financial obligation of the County to facilitate this fore d`''61ocation. The D vieIope wi11. sure full liability insurance coverage during the relocation,"anld`assume full financia esponsi ar1(ty for the relocation. GH 6. The Developer and\PAQ..a ee to provide local'access roadways through their existing sites, consistent with the final"^P1h - _ ...�f,,,tlesign plan as depicted in the attached Exhibit"0." Should any party to this A . nt` .`tomodi Exhibit"0" at any P Y Ag fy y point during the term of this Agreement, written approval for the proposed changes must be granted by the Developer, County and PAC prior to the changes going into effect. 7. The County shall reserve capacity within its transportation system for an additional 360,950 square feet("SF"), 285,950 SF for new retail and the remaining 75,000 SF for new office for the Proposed Development and Proposed Development B, as depicted in Exhibit "A". The dedications and other improvements and contributions by the Developer satisfy all off-site mitigation and fair share requirements for the Proposed Development and Proposed Development B, including compensating rights-of-way easements for turn lanes. Within the fifteen (15) ft temporary shared cross-access, slope and construction easement on the Proposed Development and Proposed Development B lands, Developer and PAC shall provide a ten (10) ft Type D landscape buffer with the same types and numbers of plants as would be required by the Land Development Code in effect on the date of this agreement for a twenty foot (20') foot deep Type D landscape buffer; as depicted in exhibit "N". Prior to award of the First Contract for the Road Project, Developer shall be limited to and is approved to construct up to 100,000 SF of retail uses ("Phase I"), as depicted in Exhibit "C." Developer shall be required to construct interim site related access improvements for Phase I, excluding sidewalks, as designed in Exhibit "C" and aolift Exhibit "F." If impact fee receipts from the Proposed Development are sufficient to fully 5of16 Packet Page -414- ' OR 4591 PG 1767 3/8/2016 16.A.14. construct the Phase II Road Project, or if sufficient funds are prepaid to fully construct the Phase II Road Project, as defined within Exhibit"B,"the County shall proceed with construction of the Road Project in a commercially reasonable manner, consistent with its obligations in the Developers Agreement for Oil Well Road, and the Developer shall be able to construct above 100,000 SF. No Certificates of Occupancy would be granted in excess of 100,000 SF until the Road Project was substantially completed, although the County Manager or his designee can waive this Certificate of Occupancy limitation if adequate roadway capacity is available and all health safety and welfare considerations have been addressed. 8. Attached as Exhibit "A" is the master plan for access to the Proposed Development, and the expanded Randall Boulevard Commercial Subdistrict. The County may require construction of turn lanes for necessity of public safety; however, the driveway locations depicted in Exhibit "A" shall not be closed, modified, restricted or relocated unless agreed to in writing by the County, the Developer and PAS-fer-their respective access points. Modifications to the median shall be at the sole d�iscr4 c olf-_C yNwithout claim for damages by the Developer. PAC's approval shall,nye-required t'or~ , ens�u,re, modification, restriction or relocation for any of the driveway nations except the weste o'st driveway location. \ 9. The costs of all'tra fic a ig°naii t�ion at the •intersect n of Eighth Street NE and Randall Boulevard shall be the resp illtyr f 'Dqve*-p he txaffic signal shall be subject to a warrant study. , t"" E E j ; 1 `, t I 10. The Developer;,thrqugh a purchase agreement wiirlAlie owner of the Swap Parcel, has control over a + 5.46 acre*b,: land located on th e co 'cif the intersection of Randall Boulevard and 8th St NE,which i"d' egally described as Tract!17,-Gpiclen Gate Estates Unit No 24, according to the plat thereof recor lgdjin„Plat Book 7, Pag&' .�of the public records of Collier County,Florida,Property Appraiser'`so1p 37t3 0"013,6The Swap Parcel shall be added to and included in the Planned Unit Developmu t 'y) rezoning application for the Proposed Development. The uses required to be approved for the Swap Parcel are emergency services uses as set forth in this Agreement, including specifically a fire station, division of and a State of Florida Forestry Service facility and administration building(s). If the GMP Amendment and rezoning for the Proposed Development and the Swap Parcel are approved as required by Section 15, the Developer agrees to exercise this option purchase agreement consistent with the timeframes identified in Section 3. Should the Swap Parcel not be approved for rezoning for the emergency services uses set forth in this Agreement, all parties to this Agreement shall be held harmless and relieved of any and all liability with respect to any and all of the rights and obligations of this Agreement; however Developer will still be obligated to sell to the County thirty feet (30') of additional right-of-way, the purchase price for which shall not exceed $25,000.00 per acre. 11. In addition, the Developer agrees to provide at its sole cost and expense both financial and professional support in the budgeted amount of $650,000.00 for the preparation, design, entitlement and development of the Swap Parcel to receive relocation of the Forestry Service facility. 6 of 16 Packet Page -415- OR 4591 PG 1768 3/8/2016 16.A.14. 12. In addition,PAC agrees to provide at its sole cost and expense financial support up to a maximum of $350,000.00 dollars for the acquisition of Fire District Parcel A, and the preparation, design, entitlement and development of the Swap Parcel to receive the relocation of the existing Fire District facility, or an equivalent value in cash, at the Fire District's discretion. Any cost overrun above $350,000.00 will be borne by the Developer, up to the Developer's maximum cap of $650,000.00. Any cost overruns above the combined budgeted amount of $1,000,000.00 for the preparation, design, entitlement and development of the Swap Parcel, relocation of the Forestry Service facility and Fire District buildings and acquisition of Fire District Parcel A shall be borne by the Developer. 13. PAC, per the terms herein, will agree to relocate the Fire Station facility to the Swap Site-eliminating a potential financial obligation of the County to facilitate this relocation. PAC will ensure full liability insurance coverage during the relocation, and assume full financial responsibility for the relocation. - �111,R, CO, 14. As part of the swap t coon as de m i this Agreement, the Fire District, subsequent to their taking ownersli ,af the Swap Parcel, agrees ta\sell to the County the southern half(2.73 acres)of the North Ore I lf(l/2)-of tl e Sw Parcei in'exchange for$68,250.00 cash. The County will lease to the E`oreptry ter t'ce th- South One Half(1/2) of the Swap Parcel, per terms to be agreed upon betweei li � Wit• ?�� or-. t \S r ice. The County agrees to utilize this parcel for the benefit dl the F ei- st Se 1 of a'hiiinimum of ten(10) years from the date of this Agreement. r I E 15. In the event tha'tl?eveloper's GMP Ami'tldment 1etition CP-2008-2 fails to gain final approval, the Agreement au a 'atically terminates, and all 9,aties to this Agreement shall be held harmless and relieved of any',_a�t cL 11,liability with,xespecteto any and all of the rights and obligations of this Agreement. In the yer} / tt-De, o e %Planned Unit Development rezoning of the Proposed Development and the Swap ?atckki denied or is approved without Developer's approval to include less than all of the uses and building square feet requested in Petition CP- 2008-2, Developer may terminate this Agreement and if so terminated all parties to this Agreement shall be held harmless and relieved of any and all liability with respect to any and all of the rights and obligations of this Agreement; however Developer will still be obligated to convey to the County for compensation those lands identified in this Agreement as thirty feet (30') of additional right-of-way for the expansion of Randall Boulevard. The purchase price for which shall not exceed $25,000.00 per acre. In the event the Developer's GMP Amendment Petition CP-2008-2 is approved, but the Planned Unit Development rezoning of the Proposed Development is declined for a 2nd time or more, and the Developer wishes to continue to pursue the Proposed Development, the County or the Fire District may terminate this Agreement and if so terminated, the County, the Fire District, the Developer and PAC shall be held harmless and relieved of any and all liability with respect to any and all of the rights and obligations of this Agreement with respect to the Swap Parcel, County Parcel and Fire District Parcels; however Developer will still be obligated to convey to the County thirty feet (30') of additional right-of- way for the expansion of Randall Boulevard. The purchase price for which shall not exceed $25,000.00 per acre. 7 of 16 Packet Page -416- OR 4591 PG 1769 3/8/2016 16.A.14. 16. PAC agrees to acquire the existing Fire District Parcel A (the West One Half of Tract 54, Golden Gate Estates Unit No. 23, according to the plat thereof recorded in Plat Book 7, Page 9, of the public records of Collier County, Florida, LESS Immokalee Road right-of-way) with an address of 13240 Immokalee Rd, Property Appraiser's Folio No. 37744080003, for the purchase price of$57,750.00, in the timeframe consistent with that outlined in Section 3. PAC shall lease back to the Fire District the District's existing administration building located on the back portion of Fire District Parcel A. Said lease shall be for a period of no more than three (3) years subsequent to the acquisition at a cost of one dollar ($1.00) per year, but with the lease to expire no earlier than December 21, 2019, unless authorized in writing by the Fire District. The Fire District shall at its sole cost and expense maintain and insure the administration building and the portion of Fire District Parcel A leased to the Fire District, and pay the Property Tax for the administration building improvements, but not the land on which the building is located during the lease. 17. There exists on Fire pi ct E cbna unication tower facility which is leased from the Fire District to An°} i 'ower. Ame`i fp er in turn subleases a portion of its facilities to Collier County far _,••-rgency management rvi es. A copy of those leases is attached as Exhibit "P." PAC./agreesi to asstame_the ases th time PAC acquires the Fire District Parcel A,and be bound((byihe otl g'ation f said leases. \ 18. The Developed an •P/'' gr a o, o� V th e Fire District, the County to d{ s t ' ' ' f arcel. Attached as Exhibit and the Forestry Service l sa p{ app "M" is a preliminary concept�u site plan. The Sw.r Parc-1 j owned by two (2) legally separate entities (The County at` 'tie Fire District),pe :° e t-ttyleMlined within Section 14. For all purposes of permit approval with th oJl;er County Growth Management Plan, Land Development Code, `�dd , inistrative�.ada ,ti Swap Parcel shall be treated, reviewed and approved as one parse lot ry v)-7iNfOgilathat it will have divided ownership between the Fire District and the County.'Dev-e10 arrd`PAC shall apply for permits,design and develop (per the terms in Sections 11, 12, 13 & 14) the Swap Parcel as one project so as to best accommodate the emergency services which will operate on the site and to optimize the developable areas for these emergency services. 19. The Developer agrees to design and construct water/sewer lines to the eastern edge of the Proposed Development so that utilities services are available to the Swap Parcel. It will also be the financial responsibility of the Developer to construct the Swap Parcel site and building improvements necessary to tap into those lines. All other financial responsibility for the design, entitlement and construction of the Swap Parcel will be borne by the Developer and PAC, as referenced within this Agreement. The construction of private and public infrastructure improvements and relocation of the Forestry Service facility and the Fire Station facility shall occur in the following sequence prior to commencement of construction of the Road Project: A. Developer and PAC at their sole cost and expense shall obtain permits, complete site grading, construct parking areas, build pads and on-site water management areas for the relocation of the Forestry Service facility and the Fire District facility on the Swap Parcel, with the site to be turn-key ready to receive the relocation of the Fire Station facility and the Forestry 8 of 16 Packet Page -417- OR 4591 PG 1770 3/8/2016 16.A.14. Service facility no later than sixty (60) days prior to the planned commencement of any construction on the Road Project. B. Developer shall relocate the Forestry Service facility to the Swap Parcel, and PAC will relocate the Fire Station facility to the Swap Parcel, with both facilities relocated and fully operational, no later than sixty (60) days prior to the planned commencement of any construction on the Road Project, pending the availability of water and sewer service from the OrangeTree Utility Company ("OTUC") at the Swap Parcel. If water and sewer service is not yet available at the time the Road Project commences,the extension of the water/sewer lines to reach to the Swap Parcel will be embedded in the Road Project construction tasks at Developer's cost, and the relocation of the Forestry Service facility and Fire Station facility to the Swap Parcel will be scheduled to occur within thirty(30) days after water/sewer access is made available to the Swap Parcel. Responsibility to accommodate vehicular access into and out of the existing Forestry Service and Fire District sites, from the commencement of the Road Project until water/sewer access becomes available, will fall • - ,eRTriatwlation Department. These dates and obligations can be extended by the Cc '.. . -r-an -th:TFire Chief for good cause shown. C. Developer shall take no',more than five (5) bugines€,, days to relocate the Forestry Service facility so that operation'of,t. 6-faci i ,xan.iisume thete`afte'c; however if relocation of the Forestry Service facility takes!/loner tan 1iye,-(-5, days,\,Developer shall provide temporarily an operating facility acceptable to th ` ` a $ ;� a until the forestry building has been relocated,and an D. PAC shall take o° o than ( 0)�i usirts'd,y., to relocate the Fire District facility so that operation of they°°f �ility can resume thereafter;1 owiAver if relocation of the Fire District facility takes longer Than, ten (10) days, PAC shall•.provide temporarily a facility acceptable to the County and Fire l istrictr if needed,until the�Fire Station has been relocated, and an occupancy permit granted. E. The Developer shall obtain perm'at—its sole cost and expense for the water management facilities to be located on the Fire District Parcel B, and Developer at its sole cost and expense shall excavate and construct the on-site water management facilities on Fire District Parcel B, to be completed in the timeframe consistent with that outlined in Section 3. The Developer shall obtain permits and construct and deploy at its sole cost and expense, a drainage pipe to accommodate water management facilities from the Development to Fire District Parcel B. The minimum required twenty(20)ft drainage easement is to be located within the eighty(80) foot right-of-way along the southern side of Randall Boulevard, and then thru the Fire District Parcel A site. PAC provides explicit authorization of this drainage easement as a party to this Agreement. The drainage easement shall be constructed in the approximate location depicted in Exhibit "H". The water management on the EDG Parcels shall be designed and constructed to accommodate utilities and to accept and treat water management from the access road and convey water management from the Road Project and the improved EDG Parcels/Proposed Development to Fire District Parcel B. The water management facility referenced herein shall be completed in the timeframe consistent with that outlined in Section 3. The Rezone and/or development and construction of Phase I, as contemplated in Section 7 herein, shall not trigger any of the obligations in this Section 19. 9 of 16 Packet Page -418- OR 4591 PG 1771 3/8/2016 16.A.14. F. PAC shall obtain permits and construct, at the PAC's sole cost and expense, a water management facility thru Fire District Parcel A, as referenced in Section 19E herein. The water management on the PAC Parcel,the Fire Station Parcel A and the Proposed Development B shall be designed and constructed to accommodate utilities and to accept and treat water management from the access road and convey water management from the Road Project and the improved EDG Parcels/Proposed Development to Fire District Parcel B. PAC shall grant to Developer and to County easements for ingress and egress,utilities, and water management as may be necessary to implement these provisions. The private local access road changes referenced herein (Exhibit "D") that impact either the PAC Parcel or the Fire District Parcel A shall be included as a condition of the Planned Unit Development Rezoning approval of the Proposed Development B, with constructed improvements and access to be coordinated with the planned commencement of any construction on the Road Project. 20. Relocations of the Forestry Service-facilities and the Fire District facilities within close proximity to their current operati `s ceerif0e revenue neutral for purposes of all impact fees and no impact fees sha`3be:.cliarged or'col16 to 1\,.for the facilities to be relocated and/or constructed on the Swap Si`t.->/' �`� r f c--_.__._ , \ dal matters \ ' .----- 4 -,� ` a r---; i f/"R ' -\ pp ,,--- �`r°yt 11 Z i 21. The burdens of thi Agrec ne t(hit lull-let e tin tq purchase), shall be binding upon, and the benefits of this 4g r i h lli ..te o, all u ces$orl in interest to the parties to F this Agreement,including any Property Swaps. ‘1, F 22. Developer acknoW. ges that the failure'o"�f his:Agreement to address any permit, condition, term or restriction shallrhot relieve either the app�llcanf or owner, or their successors or assigns, of the necessity of complying* rit i y4 aw; orZinanne rule or regulation governing said permitting requirements,conditions,terms".r restfict s. 23. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement,then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 24. All parties shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida,within fourteen(14)days after the County enters into this Agreement. County shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to all parties upon request. 25. The parties hereto shall do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so,whichever is the earlier. 10 of 16 Packet Page -419- OR 4591 PG 1772 3/8/2016 16.A.14. 26. This Agreement shall be governed by and construed under the laws of the State of Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement through negotiation between authorized representatives. If these efforts are not successful, and there remains a dispute under this Agreement, the parties shall first use the County's then current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may then file an action in the Circuit Court of Collier County, which shall be the exclusive venue with respect to any disputes arising out of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGES TO FOLLOW ter ' ~ h.4 f l� 11 of 16 Packet Page -420- OR 4591 PG 1773 3/8/2016 16.A.14. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. S iii t ., y , b'a:f`,Attest . r,'a ep BOARD OF COUNTY COMMISSIONERS DWIGHT.,R; ROCN,-,,;014tc,. COLLIER COUNTY,FLORIDA ca yu ••• -- t - '• • a`∎3 Ii1 ile$c' By.FRED W. COYLE, Chairman Appr,ved :/4'o form `- and i g. 3,7'i iciency: ,..---., Co orney f ,, REMAIND � t0 R .' ' ° F PI. «y • E EF I'BLANK REM IN + SIC T ' s ' A y. FOLLOW r -`' i ',, gyp. 12 of 16 Packet Page -421- OR 4591 PG 1774 3/8/2016 16.A.14. AS TO DEVELOPER AND PARTICIPANTS: Signed, sealed and delivered in the presence of: EMERGENT DEVELOPMENT i t GROUP,INC. ' Flop a1 orporation 1 ag #4 4'- -, ' 4iP---- By:• 0_0 v Tnessica Fish ,if P. Sullivan,President MY ° . (Attorney-in-Fact) ■,. Witness Name: Arlene F. Austin State of Florida ) ,--7---,_T", f--`1 ..",', -13,t,n, q,..._ (3-6,-x -, ,, -,, -,,....— --...., ,-.2.:\ )ss. i 1/4:1"'N2.- County of Collier ) / ( / / / The foregoing instillment was delgolleAged before me this 23rd day of July, 2010, by John P. Sullivan, President of Emefrge4 1-WeVellt** i :ItW.51,Florida corporation. He ( ) is --Ns/ , personally known to me or ha 4( .>47:produe 1 , ,_,.,„,..11‘1/4-\./ I as identification. , \J Airirgri!,-.,I ' ., ----- O'"--": ou. ic/ I NOTARY SEAL Printed,N4e:,Arlene F. Austin Commission No. Expiration Date F.7.77171.,, 77:777-1 A..'% Commission DO 695255 t:4: 1.:. • 1'''' 'Z.V rsE,x,l'ig,'",,tirt,,! ...0B1.1,,,,,,9 13 of 16 Packet Page -422- OR 4591 PG 1775 3/8/2016 16.A.14. Big Corkscrew Island Fire and Rescue District Q /e ' By: aar Q p M / �7`l4L, Witness Name: . - Witness Name: rte/c4t.-,e7 T, ei�u STATE OF FLORIDA ) )ss: COUNTY OF COLLIER ) The foregoing instrument was 9,cdaftilWito :, +. ,,me this -2.2. day of ...1 2010,by Paw( YVl `" iaxy-to o t-- -- l 'N Corkscrew Island Fire Control & Rescue District, Collier County', ,, L; OR 4591 PG 1776 3/8/2016 16.A.14. PAC OF COLT TER,INC. f ,._,R4a€,......_. .... By:—11/L i WI •.es e• Js,i . ' er Maria L. Cabrera,Pre ident dirre Witness Name: • ene F.Austin State of Florida ) )ss. ' --_.__-`_`-� '' - '$,,. County of Collier ) -'L.,/ N,�=,,' , The foregoing instrument was I nQwledged"bifere me\,this,23rd day of July, 2010, by Maria L. Cabrera, as President o ',�of- shi 4, a Flepda'corporation. She ( c) is personally known to me or hash( r()''p'od We4 s I //!\, : • entification. ,,,,,, 1,, k /,‘„ I I i i,, ,,,1:riplia, 1 �1�� t,"Sq� No ar ,iblic /- ,)/ ` ter:, a) �, NOTARY SEAL ' x Printed Name .Arlene F. Austin .-, i' .GoA ss n No. Expiration Date 'UNAsass 8-B-`∎ - RLENE F.AUSTIN ,,/ ^`"_ Commission DD 695255 F"1-".,-..::.,;17.::-'- Expiras August 8,2011 J,;;;; ;: E0n70 Thru Troy Fam Insurance 800-335-7019' eaaaacet 15of16 Packet Page -424- OR 4591 PG 1777 3/8/2016 16.A.14. SCHEDULE OF EXHIBITS 1. Exhibit A—GMPA Project Area; 2. Exhibit B—Roadway Project Limits (w/Phase 2 Randall Blvd. Improvements); 3. Exhibit C—Phase 1 Development(w/initial Randall Blvd. Improvements); 4. Exhibit D—Phase 2 Development(w/phase 2 Randall Blvd. Improvements); 5. Exhibit E—Phase 3 Development(w/flyover buildout Randall Blvd.Improvements); 6. Exhibit F—Phase 1 Conceptual Drainage Plan(w/Private and Public Improvements); 7. Exhibit G—Phase 2 Conceptual Drainage Plan(w/Public Improvements); 8. Exhibit H—Full Conceptual Drainage Plan(w/Private and Public Improvements); 9. Exhibit I—Existing&Proposed ROW and Easement Areas; 10. Exhibit J—DCA Areas Prior to Swap; 11. Exhibit K—DCA Summary of Swa Tr ionLand 12. Exhibit L—DCA Areas Post Syva b'-&_ ;'', , 13. Exhibit M—Swap Parcel /0.\" ----- , 14. Exhibit N—Typical Cros ScCio 15. Exhibit O—Roadway/G r ec� t its-__kr- \ \ 16. Exhibit P—Fire District/Anierican c re�eases\ \ 624184 v_09\000000,0784 \ t "(.0: i " i t '\ i f t '.w.„,t J /,.w„.EI S.\fir Nye j 1g ( i 16 of 16 Packet Page -425- OR 4591 PG 1778 3/8/2016 16.A.14. r wr a.ri== OR 4591 PG 1779 3/8/2016 16.A.14. m m m 0 m z 0 0 fli iigP 1 11 o ° \1 MO _ W 4: 1.tr--_::...i............t-Lm-...1:-.7.1 •-4-3,) , i ;4:0)1 : , • 1 _.......... i ri--- /7//.: FA 1 , rs,:f_— ;—...k.Li.,(1 v -,„ /F /f ! i1 $ 5 •�\ // / ' `"'.,i �� .. /' s i .-.'--'ti, I,1 "A„..i I 11 15:71 1 o ) j oZ <,,. < .` e s 1 :1 i!wryl o9w0 Atom,, _� E � �� /`� / s g° \- •f � -\\_f s s O r�.i i!`► ram w ',s _= j % - —,- vZ i Wyk ! 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II Z V to *. 0 \ ' ,, I II, °i y Y k d fw D O BUD NI q171 �q 0 0p 0 �'1 to °� _--. 0 02.0 !III is m Z 0 0 D � I'� (I o i;m ii °Y - T3 _ 0 0 D I lam! ��RI t� _ _ �H I IT EZ 'a •a .. Ye i' IccJ ' Lo"Z po _ - Eli I In q Y &6 i Ai[1, 1 A 3 :' " 71I , o i I 1 i m 4 kl i �1 ill _im il= $ I z iI 4 t g CZ ` ° i (#f^s . V g ril'N'l n 4, i §` PROPOSED.n nss..., oo -� o d ; I LiIII @ e 1 A 14 !, $ ji111I I "f11I Q O i� �y •TH,STREET NE ■ .i . Packet Page -439- OR 4591 PG 1792 3/8/2016 16.A.14. M m m Z G1 m i 3b'E=TM DRAINAGE E.SE AEM URN A.. HL 2 L.� G.a.. ..=l)1-1_ t .' —/' 1 v -i6 0 • • • . • • • • I r\ pc !l\ ... \ I '.i I i 14 / f o j Olt/ i ' ' ,441, �! F Q1 � I `. . �. ; / ..y \ I' � 1 1 -err- . �1� \ \` U <O r i_1; � ( ; :I I ia'1 ;f ;.) .„;,,,n,..fii)z— 1" t t t t f..„., \Az: i d\ j )7 la \ I I , i ZU \ ''''':i ' l' I °I '''.. 1 I ilt ° i,7,,,/ OZ S ST V CP 1 $1 F I.AI 1 .i { i D I�w 1,- I ' I i., ate, i` / bZ j . , N'0 i 0 D O 6Z . DKC) j 1 . 6 0. M S T,.roavv )r • • R;' aa ::4'i n S° 0 o g+ D r` °a to cl 57 N_ Packet Page -440- OR 4591 PG 1793 3/8/2016 16.A.14. t ` EXHIBIT A Legal Description The Property is legally described as follows: Thye West one/half(112)of Tract 54,Golden Gate Estates,Unit No.23,according to the plat thereof,as recorded in plat book 7,pages 9 and 10,of the public records of Collier County,Florida • f p i f f V -"� �'�,�; �,. !F j it \`` c 4y ! F f� pg i ! • • t f hn. .4w..- f Site Number: NC1030 Rev.3/00 Site Name: Corkscrew Fire Station Florida Market: Nantes.Fl. A-1 Packet Page -441- OR 4591 PG 1794 3/8/2016 16.A.14. 4 EXHIBIT B The location of the Premises within the Property(together with access and utilities). is more particularly described and depicted as follows: To be attached hereto and incorporated herein 1 'Imrnekole.. .1 • 741.v.s4a)1Voak of ti a 4 • gq \.Corp t \ <t"'-.-'"" ,: „ , • _ aA • i' / ("1‘.-3.L 4- tTO.'-7-,-,-, , , ,,,,, , f f ' �s19 Si` ti ?k 1315 ,�a> G.�'1+efS F p w-�'” :::: f ". ts ee'e ca c:..� „•��.le • • i Site Number. NC1030 3/00 Site Name: Corkscrew Fire Station Rev.ride Market: Naples.Fl. B-1 Florida . i Packet Page -442- I I OR 4591 PG 1795 3/8/2016 16.A.14. After Recordine Return to: (. • Omnipoint Holdings,Inc. • • 600 Ansin Boulevard Hallandale,FL 33009 Attn: Lease Administrator Parcel No.3774408003 EXHIBIT C Memorandum of Lease and Option Between Big Corkscrew Island Fire District("Landlord") and Omnipoint Holdings,Inc.,a Delaware Corporation("Tenant") A Site Lease with Option("Lease")by and between Big Corkscrew Island Fire District("Landlord")and Omnipoint Holdings,Inc.("Tenant")was made regarding a portion of following the property: See Attached Exhibit"A"incorporated herein for all purposes • The Option is for a term of six(6) month after date of Lease, with up to one additional six (6)month renewal ("Optional Period"). The Lease is for a term of five (5) years and will commence on the date as set forth in the Lease (the "Commencement Date")and shall terminate at midnight on the last day of the month in which the fifth anniversary of the Commencement Date shall have occurred. Tenant shall have the right to extend this Lease for five(5)additional five-year terms. Q Either party may file of public rec r -o f r. ?tcement Date which sets forth the specific Commencement Date and the Initial and Renewht of the Lease. j e` er , IN WITNESS WHEREOF,theepartteslt_yjetct..bmv_e respectively executed�`this memorandum effective as of the date of the last party to sign. LANDLORD: Big Corkscrew Island Fire'Dt i ..� ,•, - ;�, A-7\ •lPif ; 1`; ,` I a? : Printed Name: 1 PI• A 0-40N 7 ra t�l -1,. Its: rA.401.4 ni Date: r, tZ`-"73(x, IX� ` / WITNESS: .� a/ ' , • By: r- Printed Name: F7ZAN K () Pe l VC. WITNESS: �t �� By: (,F f Z""`.", Printed Name: -RoPE2r L Site Number: NC 1030 Rev.3/00 Site Name: Corkscrew Fire Station C-1 Florida Market: Naples,Fl. Packet Page -443- OR 4591 PG 1796 3/8/2016 16.A.14. • • (Notary block for Landlord/ (Notary block for Corporation,Partnership,Limited Liabilily Company/ STATE OF FLORIDA COUNTY OF t Ca. The foregoing instrument was acknowledged before me on 5 -IZ-OCR by M R-A-r ionfpOtJ ,[title] CHA{R.nytA,.t of l i FR a F1ge D t5rntc-1- [type of entity],on behalf of said F t e isrvict- [name of entity]. He/she is ersona y - 'kno to me or has produced as identification. (Signature of Notary Public)d.dn. / . Print Name M. t6 �,,, Notary Public,State of Florida ' ,"': MY COMMISSION t CC 769921 Comm issiott•N+r.— t.prt Cl cZ RD M.GREENBERG '>t EXPIRES:December 22,2002 Mycotrt tss%oxaxp.msd` / 1p-1,ito. bonded Thm Navy Public Unde,wdten .� y / r' s (Use this space for notary stamp/seal)! 4 r t f E`% I f (Notary block for Individual( ,t � 1 ) I STATE OF FLORIDA • - `° I • f COUNTY OF ` The foregoing instrument vas-r--acknowledge‘. `}iefore me on by (Signature of Notary Public) Print Name Notary Public,State of Florida Commission No. My commission expires (Use this space for notary stamp/seal) • Site Number: NC1030 Rev.3/00 • Site Name: Corkscrew Fire Station Florida ' Market: Naples.Fl. C-3 Packet Page -444- OR 4591 PG 1797 3/8/2016 16.A.14. After Reeordintt Return to: ' • Omnipoint Holdings.Inc. 600 Ansin Boulevard Hallandale,FL 33009 Attn: Lease Administrator Parcel No.3774408003 Memorandum of Lease and Option Between Big Corkscrew Island Fire District("Landlord") and Omnipoint Holdings,Inc.,a Delaware Corporation("Tenant") A Site Lease with Option("Lease")by and between Big Corkscrew Island Fire District("Landlord")and Omnipoint Holdings,Inc.("Tenant")was made regarding a portion of the following property: See Attached Exhibit"A"incorporated herein for all purposes The Option is for a term of six(6)month after date of Lease,with up to one additional six(months)month renewal ("Optional Period"). The Lease is for a term of five (5) years and will commence on the date as set forth in the Lease (the "Commencement Date")and shall terminate at midnight on the last day of the month in which the fifth anniversary of the Commencement Date shall have occurred. Tenant shall have the right to extend this Lease for five(5)additional five-year terms. Either party may file of public record a Memoranda n c f Commencement Date which sets forth the specific Commencement Date and the Initial and Renewal Terrn Of th .ea i }' IN WITNESS WHEREOF,the partia-al,refOlfive respectively exeFUtp F its memorandum effective as of the date of the last party to sign. i — LANDLORD: Big Corkscrew Island/Fire District, ------ \ / ,. q` � �, By: ,: ,� �`e\ e„ // B .� 11\1. s' tea . i Printed Name: A(AL ?ti I .�cti aryl DL�Nt id I Its: c_.14-R1th� Date: 5-I¢"�t'Do ,5M.µ i F WITNESS: By. A - Printed Name: (*) oVPcy 1 K. WITNESS: By: 1./e9/ - Printed Name: 'rC t_ ku 0-6: Site Number: NC1030 Rev.3/00 Site Name: Corkscrew Fire Station- Florida Market: Naples,Fl. 1 Packet Page -445- OR 4591 PG 1798 3/8/2016 16.A.14. [Notary for Landlord] [Notary block for Corporation,Partnership,Limited Liability Company] STATE OF FLORIDA COUNTY OF 0j,trt✓t 6.2 The foregoing instrument was acknowledged before me on 5~1. -GO by Vpru t_ M I9r_,=tMo,it J ,[title] (,t'},q.t(7.4‘1,q-Ai of G I(-f< _ a Fiar:7t5rItc-r [type of entity],on behalf of said(-t tea I)i sr72tc-r [name of entity]. He/she istersonally known o me or has produced as identification. (Signature of Notary Public , Are ?. L i •., f/-' Print Name �tri- M " (hA.E7T1F,17)?6 litrii% , RITA M.GREENBERG Notary Public,State of Florida MY COMMISSION i CC 769921 4 z -%- "[ EXPIRES:December 22,2002 Commission-No, _ r cr nonded7lwNoteryPabticUndermffers My cominissl• b >itles x"r -c a ,r (Use this space for notary stamp/seal) . -, .ra ,--- ---,', 4f \ [Notary block for Individual] \ -' , r .STATE OF FLORIDA COUNTY OF The foregoing instrument wasowl&l°g"ea - before me on by (Signature of Notary Public) Print Name Notary Public,State of Florida Commission No. My commission expires (Use this space for notary stamp/seal) Site Number: NC1030 Rev.3/00 Site Name: Corkscrew Fire Station- Florida Market: Naples,Fl. 3 Packet Page -446- OR 4591 PG 1799 3/8/2016 16.A.14. cor„SITE LEASE WITH OPTION (( THIS SITE LEASE WITH OPTION("Lease")is by and between Biz Corkscrew Island Fire District ("Landlord") and Omnipoint Holdings,Inc.,a Delaware Corporation ("Tenant"). 1. Option to Lease (a)In consideration of the payment of Five Hundred Dollars and No/100 Dollars($500.00)(the"Option Fee")by Tenant to Landlord,Landlord hereby grants to Tenant an option to lease the use of a portion of the real property described in the attached Exhibit A(the"Property"),on the terms and conditions set forth herein(the"Option"). The Option shall be for an initial term of six months (6) months, commencing on the Effective Date(as defined below) (the"Option Period"). The Option Period may be extended by Tenant for an additional six months (6) months upon written notice to Landlord and payment of the sum of Five Hundred Dollars and No/100 Dollars($500.00)'("Additional Option Fee")at any time prior to the end of the Option Period. (b) During the Option Period and any extension thereof, and during the term of this Lease, Landlord,agrees to cooperate with Tenant in obtaining,at Tenant's expense,all licenses and permits or authorizations required for Tenant's use of the Premises from all applicable government and/or regulatory entities (including, without limitation, zoning and land use authorities, and the Federal Communication Commission ("FCC") (the "Governmental Approvals"), including appointing Tenant as agent for all land use and zoning permit applicattQ anti- tllord agrees to cooperate with and to allow Tenant,at no cost to Landlord,to obtain a title report,zonin,f.�``4�ppro!a s d v gri is ja id use permits,and Landlord expressly grants to Tenant a right of access to the Property to peffesiii,s vet's,soils iiitt an engineering procedures or environmental investigations on the Property, necessary �mine that Tenant's use of'tlt raises will be compatible with Tenant's engineering specifications, system desi$ o ions and Governmental Approvals. \During the Option Period and any extension thereof,Tenant may exercise the Opt ioicby°snirrlfyigg,Landlorctjn writing,at Landlord's address in accordance with Section 12 hereof / / a',Ra--a (c)If Tenant exercises the OOpti (then, u,le to the °'tlowing tern»s conditions,Landlord hereby leases to Tenant the use of that portion of thelPro cidnt }lacemfent(of 4 tkna 4cil ties(' defined below),together with all necessary space and easements r,,ac ess,iars tdlit'es,°asigenet lly desciibed an -dyci cted in the attached Exhibit B (collectively referred to hereinafter the t'I�'remises):°.M o Premise located=n6-324,j�,,l1F okalee Road,Naples,Fl.34120 Collier County,comprise approximate square feet. 1, { / °' 10 .A '- I �, �/r 2. Term. The initial term of the?i;y c shall be five(5)years cbtt" nertcipg ng the date of the exercise of the Option (the"Commencement Date"),and termina'titti-at midnight on the last day of the ittia)tenth(the"Initial Term"). I N. f `mow E 3. Permitted Use The Premises mrly"be'rise,by Tenant.forong`other things,the transmission and reception of radio communication signals and for the construcfton inntPfifion;op r`a on maintenance,repair,removal or replacement of related facilities,tower and base,antennas,microwave dishes,-equ?pment'helters and/or cabinets and related activities. 4. Rent. Tenant shall pay Landlord,as rent, One Thousand Dollars and No/I00 Dollars($1,000.00)per month ("Rent")plus applicable sales tax. Rent plus applicable sales tax shall be payable in advance beginning on the Commencement Date prorated for the remainder of the month in which the Commencement Date falls and thereafter Rent will be payable monthly in advance by the fifth day of each month to Big Corkscrew Island Fire District at Landlord's address specified in Section I2 below. If this Lease is terminated at a time other than on the last day of a month,Rent shall be prorated as of the date of termination for any reason other than a default by Tenant, and all prepaid Rent shall be immediately refunded to Tenant. 5. Renewal. Tenant shall have the right to extend this Lease for five(5)additional,five-year terms('Renewal Term"). Each Renewal Term shall be on the same terms and conditions as set forth herein,except that Rent shall be increased by twenty percent(20%)of the Rent paid over the preceding term. This Lease shall automatically renew for each successive Renewal Term unless Tenant notifies Landlord,in writing,of Tenant's intention not to renew this Lease,at least sixty(60)days prior to the expiration of the Initial Term or any Renewal Term. If Tenant shall remain in possession of the Premises at the expiration of this Lease or any Renewal Term without a written agreement,such tenancy shall be deemed a month-to-month tenancy under the same terms and conditions of this Lease. 6. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by Landlord,or lessees or licensees of Landlord,with rights in the Property prior in time to Tenant's(subject to Tenant's rights under this Lease,including without limitation,non-interference). Similarly,Landlord shall not use,nor shall Landlord permit Site Number: NC1030 Rev.3/00 Site Name: Corkscrew Fire Station Florida - I Market: Names.Fl. Packet Page -447- OR 4591 PG 1800 3/8/2016 16.A.14. its lessees,licensees,employees,invitees or agents to use,any portion of the Property in any way which interferes with the operations of Tenant. Such interference shall be deemed a material breach by the interfering party,who shall,upon written notice from the other, be responsible for terminating said interference. In the event any such interference does not cease promptly,the parties acknowledge that continuing interference may cause irreparable injury and,therefore,the injured party shall have the right,in addition to any other rights that it may have at law or in equity,to bring a court action to enjoin such interference or to terminate this Lease immediately upon written notice. 7. Improvements:Utilities;Access. (a)Tenant shall have the right,at its expense,to erect and maintain on the Premises improvements,personal property and facilities necessary to operate its communications system,including,without limitation,radio transmitting and receiving antennas, microwave dishes, tower and base, equipment shelters and/or cabinets and related cables and utility lines (collectively the"Antenna Facilities"). Tenant shall have the right to replace or upgrade the Antenna Facilities at any time during the term of this Lease. Tenant shall cause all construction to occur lien-free and in compliance with all applicable laws and ordinances. The Antenna Facilities shall remain the exclusive property of'Tenant. Tenant shall have the right to remove the Antenna Facilities at any time during and upon termination of this Lease. (b)Tenant, at its expense,may use any and all appropriate means of restricting access to the Antenna Facilities, including,without limitation,the construction of a fence. (c).Tenant shall, at Tenant's expense,keep,.an1`J n T;-the-•Antenna Facilities now or hereafter located on the Property in commercially reasonable condition and''r aIAMitig- • ,u3•'Ntis Lease,normal wear and tear and casualty excepted. Upon termination or expiration of pfisisak.the 'remises .t be ietu ned to Landlord in good,usable condition, normal wear and tear and casualty excepted/ ^‘,./;„/". .�� N' f� ,O \ (d)Tenant shall have the right to irista1Ytrtllltlees,at Tenant's expense,and to h prove the present utilities on the Property(including,but not Iimited tp,the,Instaltatieft,of erne cy pbw generat ). Landlord agrees to use reasonable efforts in assisting Tenant to acquire necesiary„tgily se T ant hal w ere ,practicable,install separate meters for utilities used on the Property. In the event se)parteameit` tishall\\pay the periodic charges for all utilities attributable to Tenant's use.1Tena j`t stall ha e the r )"i e4sa conduit and sleeving from the roof to the point of connection within the Building d]grd spa ig tl tr any va°giation,interntion or failure of utility service. • (e)As partial consideration 1 i Rent paid under this Lease, ord hereby grailtsrrenant an easement in,under and across the Property for ingress,egress'( ilities and.access(including sss foul the/purposes described in Section 1)to the Premises adequate to install and maint4 utilities, which include, butt"g e r ot,lintltedrto, the installation of power and telephone service cable,and to service thd,Premites and the Antenna Facilities aj.all tirups during the Initial Term of this Lease or any Renewal Term(collectively,"Easemertt"rjhesEasement provided hereuhder,,shall have the same term as this Lease. (f)Tenant shall have 24-hours-a-day,7-days -ie if 1"1}tt-Premises at all times during the Initial Term of this Lease and any Renewal Term. :" � 8. Termination. Except as otherwise provided herein,this Lease may be terminated,without any penalty or further liability as follows: (a) upon thirty(30)days written notice by Landlord if Tenant fails to cure a default for payment of amounts due under this Lease within that thirty(30)day period; (b)upon thirty(30)days written notice by either party if the other party commits a non-monetary default and fails to cure or commence curing such default within that thirty(30)-day period,or such longer period as may be required to diligently complete a cure commenced within that thirty(30)-day period; (c)immediately if Tenant notifies Landlord of unacceptable results of any title report,environmental or soil tests prior to Tenant's installation of the Antenna Facilities on the Premises,or if Tenant is unable to obtain,maintain,or otherwise forfeits or cancels any license(including,without limitation,an FCC license),permit or Governmental Approval necessary to the installation and/or operation of the Antenna Facilities or Tenant's business; (d) upon ninety (90) days written notice by Tenant if the Property, or the Antenna Facilities are or become unacceptable under Tenant's design or engineering specifications for its Antenna Facilities or the communications system to which the Antenna Facilities belong; Site Number. NCI 030 Rev.3/00 Site Name: Corkscrew Fire Station Florida Market: Naples,Fl. 2 Packet Page -448- OR 4591 PG 1801 3/8/2016 16.A.14. . (e)immediately upon written notice by Tenant if the Premises or the Antenna Facilities are destroyed or damaged so as in Tenant's reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities. In such event,all rights and obligations of the parties shall cease as of the date of the damage or destruction.and Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. If Tenant elects to continue this Lease,then all Rent shall abate until the Premises and/or Antenna Facilities are restored to the condition existing immediately prior to such damage or destruction;or (f)at the time title to the Property transfers to a condemning authority,pursuant to a taking of all or a portion of the Property sufficient in Tenant's determination to render the Premises unsuitable for Tenant's use. Landlord and Tenant shall each be entitled to pursue their own separate awards with respect to such taking. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation. 9. Taxes.Tenant shall pay any personal property taxes assessed oh,or any portion of such taxes directly attributable to,the Antenna Facilities. Landlord shall pay any real property taxes or other fees and assessments attributable to the Property. In the event that Landlord fails to pay any such real property taxes or other fees and assessments,Tenant shall have the right. but not the obligation,to pay such owed amounts and deduct them from Rent amounts due under this Lease. 10. Insurance and Subrogation. (a)Tenant shall provide Commercial General 1„iabi Insurancetn an aggregate amount of One Million and No/100 Dollars($1,000,000.00).Tenant may satisfy this requ er i rii y obiat ti nfapropriate endorsement to any master policy of liability insurance Tenant may maintain. /Vs , ,r..--°°"` ., i.,'\,, (b)Landlord and Tenant herebytnttttudjty'�release each other(and their s s s or assigns)from liability and waive all right of recovery against the other fo/any Iasi-or-damage covered by their resp ive t party property insurance policies for all perils insured thereunder. In the event of Syt.Gh-nsure 16-s neither\party's in company shall have a subrogated claim against the other. / v.._", ,,,= ` 111 1 1. Hold Harmless. Tenant a tees t° o }i d attdlord ha les o 2(ai's arrsing from the installation, use, maintenance,repair or removal of the p tttnnkFacj ties,excep *r s s ing fron,the negligence or intentional acts of Landlord,its employees,a ents or in e e tom,, c ,/ t' 1 `-' ;.... � i t 12. Notices. All notices,rggt�6sts,,demands and other comrn %catiops hereto r shall be in writing and shall be deemed given if personally delivereecirlaailed, certified mail, returt eips requeltefl, or sent by for next-business-day delivery by a nationally recognized / overnight:carrier to the following addresses:-r,% f i, If to Tenant,to `With',d co v to: ',ift ,Landlord,to Omnipoint Holdings,Inc. Omnipoirit ldingst Inc ,. '` 13240 Immokalee Road 3650—131"Avenue SE,Suite 200 Attn: Lease Administrator Bellevue,WA 98006 600 Ansin Boulevard Attn: PCS Leasing Administrator Hallandale,FL 33009 Naples,Fl.34120 With a copy to: Attn: Legal Department 13. Quiet Enjoyment,Title and Authority. landlord covenants and warrants to Tenant that(i)Landlord has full right,power and authority to execute this Lease;(ii)it has good and unencumbered title to the Property free and clear of any liens or mortgages,except those disclosed to Tenant and which will not interfere with Tenant's rights to or use of the Premises; and(iii)execution and performance of this Lease will not violate any laws,ordinances,covenants,or the provisions of any mortgage,lease,or other agreement binding on Landlord. Landlord covenants that at all times during the term of this Lease. Tenant's quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as Tenant is not in default beyond any applicable grace or cure period. 14. Environmental Laws. Landlord represents that it has no knowledge of any substance, chemical or waste (collectively"Hazardous Substance") on the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Landlord and Tenant shall not introduce or use any Hazardous Substance on the Property in violation of any applicable law. Landlord shall be responsible for,and shall promptly conduct any investigation and remediation as required by any applicable environmental laws, all spills or other releases of any Hazardous Substance not i caused solely by Tenant,that have occurred or which may occur on the Property.Each party agrees to defend,indemnify and hold harmless the other from and against any and all administrative and judicial actions and rulings,claims,causes of action, Site Number: NC1030 Rev.3/00 Site Name: Corkscrew Fire Station! . Florida Market: Naples,Fl. 3 Packet Page -449- OR 4591 PG 1802 3/8/2016 16.A.14. • demands and liability(collectively,"Claims")including,but not limited to,damages,costs,expenses,assessments,penalties. fines,losses,judgments and reasonable attorney fees that the indemnitee may suffer or incur due to the existence or discovery of any Hazardous Substances on the Property or the migration of any Hazardous Substance to other properties or the release of any Hazardous Substance into the environment(collectively,"Actions"),that relate to or arise from the indemnitor's activities on the Property.Landlord agrees to defend,indemnify and hold Tenant harmless from Claims resulting from Actions on the Property not by Landlord or Tenant prior to and during the Term and any Renewal Term of this Lease.The indemnifications in this section specifically include,without limitation,costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any governmental authority. This Section 14 shall survive the termination or expiration of this Lease. 15. Assignment and Subleasing.Tenant may assign this Lease and any Easement granted herein upon written notice to Landlord. Upon such assignment,Tenant shall be relieved of all liabilities and obligations hereunder and Landlord shall look solely to the assignee for performance under this Lease and all obligations hereunder. Tenant may sublease the Premises, upon written notice to Landlord. Tenant may otherwise assign this Lease upon written approval of Landlord,which approval shall not be unreasonably delayed,withheld,conditioned or denied. Additionally, Tenant may, upon notice to Landlord, mortgage or grant a security interest in this Lease and the Antenna Facilities,and may assign this Lease and the Antenna Facilities to any mortgagees or holders of security interests, including their successors or assigns(collectively"Mortgagees"),provided such Mortgagees agree to be bound by the terms and provisions of this Lease. In such event,Landlord shall execute such consent to leasehold financing as may reasonably be required by Mortgagees. Landlord agrees to notify Tenant ivlortgagees simultaneously of any default by Tenant and to give Mortgagees the same right to cure any,d ul i o ti tern ve,,any property of Tenant or Mortgagees located on the Premises,except that the cure period,fotty orb es s than thirty(30)days after receipt of the default notice,as provided in Section 8 of this 3e.^'A�11 such notices to Mo ee$'hall be sent to Mortgagees at the address specified by Tenant. Failure by Landlord veMortgagees such notice shall riat diminish Landlord's rights against Tenant, but shall preserve all rights of Mortgagees to Dare any default and to remove any Property of Tenant or Mortgagees located on the Premises as provided in Section 17/ofthisieast---: t / ✓' 1 \ 16. Successors and Assigns. Tii}5 - they e t' e i eret\shall{\run with the land, and shall be binding upon and inure to the benefit(of thq br}q�r pectre suss rs al representatives and assigns. �( ; t } �..... f 17. Waiver of Landlord's Lien! i.` d)otafh�`v- ■ •6d g�tt t, y have,statutory or otherwise concerning the Antenna Facilities or y ion thereof which shall deemed pei dnai perty for the purposes of this Lease,whether or not the same is deemisd l.eal or personal property applicable4la:Ws,and Landlord gives Tenant and Mortgagees the right to remove all or anyFoItion of the same from time'( \m time,)4 e/before or after a default under this Lease,in Tenant's and/or Mortgagee's sooedisscretion and without Landlord's'conseni. / r- 18. Miscellaneous. ^` s 4, g 1 V (a)The substantially prevailing party in any litrgad n ssing-hereunder shall be entitled to its reasonable attorneys' fees and court costs,including appeals,if any. (b)Each party agrees to furnish to the other,within twenty(20) days after request,such truthful estoppel information as the other may reasonably request. (c) This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by both parties. (d)Each party agrees to cooperate with the other in executing any documents(including a Memorandum of Lease in substantially the form attached as Exhibit C)necessary to protect its rights or use of the Premises. The Memorandum of Lease may be recorded in place of this Lease by either party. In the event the Property is encumbered by a mortgage or deed of trust, Landlord agrees,upon request of Tenant,to obtain and furnish to Tenant a non-disturbance and attornment agreement for each such mortgage or deed of trust,in a form reasonably acceptable to Tenant. Tenant may obtain title insurance on its interest in the Premises. Landlord agrees to execute such documents as the title company may require in connection therewith. (e)This Lease shall be construed in accordance with the laws of the state in which the Property is located. (1)If any term of this Lease is found to be void or invalid,such finding shall not affect the remaining terms of this Lease,which shall continue in full force and effect. The parties agree that if any provisions are deemed not enforceable,they Site Number: NC1030 Rev.3/00 Site Name: Corkscrew Fire Station Florida Market: Naples,Fl. 4 Packet Page -450- OR 4591 PG 1803 3/8/2016 16.A.14. a t shall be deemed modified to the extent necessary to make them enforceable. Any questions of particular interpretation shall not be interpreted against the draftsman,but rather in accordance with the fair meaning thereof. (g)The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease in their individual or representative capacity as indicated. (h)This Lease may be executed in any number of counterpart copies,each of which shall be deemed an original,but all of which together shall constitute a single instrument. (i)All Exhibits referred herein and any Addenda are incorporated herein for all purposes. The parties understand and acknowledge that Exhibit (the legal description of the Property)and exhibit B(the Premises location within the Property), may be attached to this Lease and the Memorandum of Lease,in preliminary form. Accordingly,the parties agree that upon the preparation of final,more complete exhibits,Exhibits A,and/or B,as the case may be,which may have been attached hereto in preliminary form, may be replaced by Tenant with such final, more complete exhibit(s). The terms of all Exhibits are incorporated herein for all purposes. (j)If Landlord is represented by any broker or any other leasing agent,Landlord is responsible for all commission fee or other payment to such agent,and agrees to indemnify and hold Tenant harmless from all claims by such broker or anyone claiming through such broker. If Tenant is represented by any broker or any other leasing agent,Tenant is responsible for all commission fee or other payment to such agent,and agrees to indemnify and hold Landlord harmless from all claims by such broker or anyone claiming through such broker. �— The effective date of this Lease is the daate o\e ecutffin }Fihe4a pia y sign("Effective Date"). //. r „n. / y�, A ti LANDLORD: Big Corkscrew Island Fire District _ c \ By: V Q.,cGC 114 I Printed Name: *PA,u t_ ; Its: H.N4 t`t rt Date: 5-12.1.• wJ` \ = ,' •M1 WITNESS: ,? By ``// ;6 4 e Printed Name: RardK (]• KovA-,(t is WITNESS: By: tree/� Printed Name: 06 t2 L. Vt_i n1 E Site Number: NC1030 Rev.3/00 Site Name: Corkscrew Fire Station Florida ' Market: Naples,Fl. 5 Packet Page -451- OR 4591 PG 1804 3/8/2016 16.A.14. • • ADDENDUM TO SITE LEASE WITH OPTION [Additional Terms] In the event of conflict or inconsistency between the terms of this Addendum and the Lease,the terms of the Addendum shall govern and control. All capitalized terms shall have the same meaning as in the Lease. IT IS/GREED 7HAT QMur Jn r, AT'gad;BCP1ENHE MIL HRSE A PROPANE MIMED 5514^1 • E ER EN GENERATOR, 4O BE ITSIALIED ON'ME SP1E, KR'ME RIMED LSE OF THE "TENZNP' and 'r AT CLORD". CM INI'WEIL DCNA E'IRE GENERA1CR TO 1HE).Lk MS= AND'IHE laKE DISTRICT SHAIL I111rATN'IHE CLLR SYSTEM. ALL IIFPILTTY MICR IFS WILL HE U EE ND UIII 'I'1F5. „.. I� I o _ zyy LANDLORD: Big Corkscrew Island Fire Dtstrictl F 6 1 '1 By: !' 42.e 'i I 'Z:;//ltiC../J�c'c��t,C Printed Name: M:2;06..A. .T i>n n 1 Its C 14A I MUA AS 4, WITNESS: By: • e(- /k Printed Name: IZANK- 0 KovAr I is WITNESS: �J • By: Printed Name: p 2r L t t l ti c • Site Number: NCI030 Rev.3/00 - Site Name: Corkscrew Fire Station Florida Market: Naples,Fl. 7 Page -452- OR 4591 PG 1805 3/8/2016 16.A.14. , LANDLORD: <2nd Landlord Name> By: Printed Name: Its: • WITNESS: By Printed Name: WITNESS: '1 ' \ By: Printed Name: / / 1 f TENANT: Omnipoint Holdirkgs,.,InK t 'tt, \ e ` ; c.72, 1 By: Al-Smfr'CleV1/413 Ore- Printed Name: I t its -7—a-C.H.N1Ok C2\1)1 Date: 0 ' 5/2-26 /45 ;t1 t WITNESS: By Printed Name: - :::1,Krzfee /425 WITNESS: By Printed Name: Site Number: NCI030 Rev.3/00 Site Name: Corkscrew Fire Station Florida • Market: Naples.Fl. 8 Packet Page -453- OR 4591 PG 1806 3/8/2016 16.A.14. Jun 24 05 12:21p James U. Stewart, Jr. ca —rac-000.1 f-'• 06/23/2005 15:24 FAX 181 926, 5 AMERICAN TOWER goat C©F.. ,,, FIRST AMENDMENT TO SITE LEASE • THIS FIRST AMENDMENT TO !COMMUNICATIONS-TOWER GROUND LEASE ("First Amendment")is entered into on the. F day of 1 cl Yl E ,2005,by and between Big Corkscrew island Fire District (hereinafter referred to as"Landlord") and American Tower, L.P., a Delaware limited partnership,its successors and/or(hereinafter referred to as"Tenant"). WITNESSETH: WHEREAS,Landlord and Omnipoint Holdings,Inc.,predecessor-in-interest to Tenant,executed and entered into that certain Site Lease with Option dated May 12.2000(the"Lease"),for the purpose of installing,operating and maintaining a communications facility and other improvements on the Site(as described in Exhibit A attached hereto and incorporated by reference herein);and WHEREAS,Landlord and Tenant desire to anaepd certain provisions in the Lease NOW,THEREFORE,in comid4jon-o cove is and promises contained in this Agreement,and other good and valuasPa,eo oration,the reter� grtd`spfficiency of which are hereby acknowledged by the parties,Lendlielt Tenant hereby agree and•coapradr as follows: r \ \ i �� +AN.--_.__.._; \ i I. Landlord gives and/grants to 1euant^ap irnw ble option to Icase an'additional Two Hundred and Fifty-Five(25 )sggary-foi a lease a t forth in Exhibit B attached hereto and inco red by*fate er in. t►a ttssale cc�t and expense,have a survey prepared of the ;a(C'On'Ar ") loud eftha4 the legal description of the area as shown o tilt, syrvey,sb1I ljten pm the le I esctipt�, of the Option Area. Consideration for • . iinrt3 be'brie- 1 lays h .ei r and sufficiency o which are hereby i P cy f y lodged. As an inducement to,Tenaat to enter into and be bound by the terms of this First Antei,--,....t ldtent,Landlord represents at d farnentc1th )Landlord has good and marketable title to the perty(ii)Landlord and the persopfs,; to :this First Amendment on behalf of Landlord ha�the authority to enter into and be-bk. . by the terms of this First Amendment; (iii) There are_no ionding or threatepe 'adti hs.mcluding, without limitation, bankruptcy or insolvency prdee4din , .. p- .. ersl 1adr,suits,claims or causes of action against Landlord or which may . a se�cc� 'perty;(iv) Landlord has obtained any consents from third parties,if any,ne'eessmy"fa execution of this First Amendment;and(v) There are no options,leases or other contracts which may adversely affect the property,the site, or Landlord's ability to fulfill its obligations under this First Amendment Landlord grants to Tenant and its designees the right to enter upon the property to perform test borings of the soil, environmental studies,engineering studies,and such other tests,inspections and investigations as Tenant deems necessary and to survey the property. Landlord shall provide Tenant with any necessary keys or access codes to the property.Landlord grants the right to clear trees and other obstructions which may interfere,in Tenant's sole discretion,with Tenant's ability to conduct such activities. 2. Tenant hereby agrees to allow Landlord the use of American Tower's well end power source at the tower site as additional consideration for the option to lease and any subsequent exercise of said option. First Amendment to Site Least Corkscrew Firestatlen,FL Site M22910 • • Packet Page -454- OR 4591 PG 1807 3/8/2016 16.A.14. Jun 'c"4 U li':G1p James L. ,r.ewarr, .Jr. coo-sac-Oa.o p+..' 06/23/2005 15.25 FAX 781 926; 5 AMERICAN TOWER X003 3. The Notice language contained in Paragraph 12 is deleted in its entirety and replaced with: "jlotices.All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service,signed receipt requested,or by First Class United States mail,certified,return receipt requested,addressed as follows: Landlord: Big Corkscrew Island Fire District 13240 Immokalee Road Naples,FL 34120 Tenant: Aerican Tower 1 D Presidential Way Woburn,MA 01801 ' Attn: Land Management With a copy to: American Tower • ■ 1:rnc6or Huntington Ave. oston,MA 02116 Attn:Legal _ ', The patties may substitute •i i"a , 1-' by giving at least thirty(30)days notice.Rejection or refuse e de tv1 ery of any�)r,1 inability to deliver any notice because of a changed addi e �tnhich no notice was given;'xsh. ll-be deemed to be receipt of any such notice 4. Paragraph 15 is hcrpby defetedi i'iits entirety_rd=pia cd with:\'''‘Aalltiment end Sublettine. Landlord may asst this aseJ,1 It t a-an,}+�-th i , •nju ction with a sale of the Property. Tenant/may,6ssi ,. /Laas4 tdvui rd ded tat the third party has sufficient financial cape;ityIto pe oriel the Lib i�g td o t alLerise. Tenant may assign this Lease to any of'li�e�s of 'Jr'main�,! r t en yLor ti.an third party, provided Tenant gives noti de,,��ff au`�*third shanty°ssi and, 1s .r, a t1 that the assignee has sufficient capacity tel pe form the obligations of Tenant tin tbls-Lea'se. Except as provided above, neither Landloe Intior Tenant will'assign th s wif m tjibe other's prior written consent. Upon assigntneht,the assigning party will be 'fromviny liability occurring after the date of assignment,*and,t"bc�assignee will'be responsible‘'et:,/all future lease obligations. Tenant may sublet or Iicens.gnypart of the Site.Tenant's.� i nicrs shall be entitled to use the Easements granted herein andahe pr tivisio'n -of�this tease''�sh Ibenefit Tenant's Customers." \`;,. ti I C k..Ift''-'-',Jr. 5. The following is inserted as Paragraph 1-1:-`y1 5>ie. Landlord grants to Tenant the right to install and maintain during the Term of this Lease identifying signs or other types of signs required by any governmental authority on or along any access road to the Site,including,if necessary,signs visible from the nearest public street,at locations where an access road diverges, or if an obstruction obscures visibility of the Site and Improvements.Tenant agrees to minimize the size of such signs as reasonably required for readability and compliance with regulations or directives of any governmental authority." 6. Landlord represents and-Warrants that as of the date of this execution, there are no uncured defaults under the terms of the Lease and that the Lease is in full force and effect. 7. All other terms of the Lease except as may be amended herein,or as may be in conflict with the provisions of this First Amendment,shall be deemed incorporated into this First Amendment. First Amendment to Site Lease Corkscrew Firestation,FL Site#22910 t0 Packet Page -455- OR 4591 PG 1808 3/8/2016 16.A.14. JUn G t Uo 1G:Clig Ja1neZ L. at.Cwtlf'L, Jr-. C.JJ-JJL VJi.,J r..T 06/23/2005 15:26 FAX Tat 92E ` AkixEICAN TOSER �OO4 8. Except as amended herein,all terms,conditions,provisions,covenants and agreements contained in the Lease are hereby ratified and conf mied in their entirety.The terms used herein and not otherwise defined in this First Amendment shalt have the same meaning as set'.forth in the Lease. ISICNATURFS NEXT PAGE) cjir h / t ' eQ First Amendment to Site Leese Corkscrew Firestation,FL Site 422910 • • Packet Page -456- OR 4591 PG 1809 3/8/2016 16.A.14. IN'WITNESS WHEREOF,the parties hereto have set their hands and seals on the day first above written. LESSOR: WITNESSES: Big Corkscrew Island Fire District PAttitarhski ()eta By: S t Its: / Sig ature , LESSEE: American Tower,L.P.,a Delaware limited partnership By:ATC GP,Inc.,its s•le general partn,.er--.'-x , o tvi J. on D.Hi sch ✓c, igna , Director,Land Management` "ter p 'y, �ppr` A / lff 4 ki �s+ �5 �\ F �.+t I . � ` t ' " L f""c First Amendment to Site Lease Corkscrew Firestation,FL Site#22910 Packet Page -457- OR 4591 PG 1810 3/8/2016 16.A.14. f ' ACKNOWLEDGEMENT LESSOR: STATE OF FLORIDA COUNTY OF Collier The foregoing instrument was acknowledged before me this 6-28-05 (date)by Paul M Plamondon Chairman (name and title of officer)of Big Corkscrew Island Firgt Control & Rescue Disctricistate) corporation,on behalf of the corporation.fshe is personal! kn o or has produced (type o t entification)as identification. I,1) Valk Mita Ail 11 1111 7171M 7 Notary Public " ti MARFONGELLA % �• y . r ,CO t,�. ION#DD 248350 Printed Name: Dawn A Marfi'btwp1la• y y: ,t•• •S�r13,2007 / 'i `%?,y� •' t3a,dee N Undenrhen My Commission Expires: / / L t� 9-13-07 '�`` , �) l Commission# DD 24 6,3' '0� , i: i`i i °gym 1 t1 is33333" , '/ LESSEE: '��� •,. COMMONWEALTH OF MASSAC S TTS) COUNTY OF MIDDLESEX ) Then personally appeared the said,Jason D.Hirsch of American Tower,L.P.as aforesaid,signer and sealer of the foregoing instrument,and acknowledged the same to be his/her free act and deed as Director,Land Management of American Tower,L.P.and the free act and deed of said limited partnership,before me. ddi 43g` g M', otary Public My Commission Expiresi//q/i0 '4RY P ,r' -0.• J r First Amendment to Site Lease Corkscrew Firestation,FL Site#22910 Packet Page -458- OR 4591 PG 1811 3/8/2016 16.A.14. Jun 24 05 12:23p James G. Stewart, Jr. ews-mse-owns P•a nmcn-CA" TOWER cM009. 09/23!2005 15:28 FAX 781 9211 ji i 4 . Preligred by and Return To: American Tower Corporation ,:.4 10 Presidential Way L3 Li Woburn.,M A 01801 Attn:Land Management ATC Site 022910 ATC Site Name:Corkscrew Firestation,FL MEMORANDUM OF LEASE This MEMORANDUM OF LEASE('Memorandum")is entered into on the .2g day of 1-671•6' ,2005,by and between Big Corkscrew Island Fire District(hereinafter referred to as "Landlord")and American Tower, L.P.,a Delaware limited partnership, its successors • and/or(hereinafter referred to as"Tenant"). . WITNESSETH: WHEREAS,Landlord nt of ag3 predecessor-in-interest to Tenant, ' executed and entered into that's tain�te�6ase` hti� May I2,2000(the"Lease"), for the purpose of installing�reting and maintaining s, ar�#t} unications facility and other improvements on the Sitc (sg described in Exhibit A attad t eto and incorporated by reference herein);and/ r/c-- . `F / L a , � i \ WHEREAS',Landlord and Tenant,•- to 14'v ublic notice of certain provisions in the Lease. I f/'7^,41 ,�" i `` "b 5' '\ NOW,TH. V> ,in .nstderhtt,n ,1;e and oth , oqd and valuable consideration,the receipt ! .0n.•ci,.' _.� ' .,.-�l�cb toti edged,Landlord and Tenant hereby agree\aollows: 1 /t .f 1. The tartns fan conditions of said Lease fire ineorp r>Ite into this Memorandum by reference:` \ ° ;. 2. Premises Sublect tq he-terms of ttk�pA' ise"L ndlord has leased to Tenant a portion of the reali ttde�S trBtl�,.art`"Exhibit A attached hereto and incorporated herein b P,andibnf hereby grants an option to Tenant to • lease an additional Two Hundred and Fifty-Five(255)square feet contiguous to the leased area as set forth in Exhibit B attached hereto and incorporated by reference herein. . 3. Term: The Lease was for an Initial Term of five(5)years commencing on or about May 27, 2001 and expiring on May 26, 2006. Tenant shall have the irrevocable right and option to renew this term for each of five(5)additional five (5)year renewal"terms(each,a"Renewal Term"). Each Renewal Term shall be automatically exercised by Tenant unless Tenant provides Landlord with written notice of its intent not to renew the Lease. 4. This Memorandum is not a complete summary of the terms and conditions • contained in the Lease. Provisions in the Memorandum shall not he used in . Packet Page -459- OR 4591 PG 1812 3/8/2016 16.A.14. • ) ') ' interpreting the Lease provisions. In the event of a conflict between this Memorandum and the Lease,the Lease shall control. IN WITNESS WHEREOF,the parties hereto have set their hands and seals on the day first above written. LESSOR: WITNESSES: Big Corkscrew Island Fire District PO4A) KPf, By: Si• a n'- Its: ' � 1 , Signature LESSEE: �,-1 '-'-- //,,-‘,7)::)'-- ,- / ` \., American Tower,L.P.,a Delaware limited partnership \, By:ATC GP,Inc.,its sol generaipartner, \ \ Jas D.Hirsch t i; i % i Si at . ,' Director,Land Managernenk �° *`..� - 3f, .� '7;7. I e /, im• !+._ `1 �y. S1e,Ra,./e�,i .„...,.. , . . . ___ . ,- f '- :.'2,....,...,._._ R+ p " � 1 . Packet Page -460- *** OR 4591 PG 1813 *** 3/8/2016 16.A.14. interpreting the Lease provisions. In the event of a conflict between this Memorandum and the Lease,the Lease shall control. IN WITNESS'WHEREOF,the parties hereto have set their hands and seals on the day first above written. LESSOR: WITNESSES: Big Corkscrew Island Fire District By: Si:, a.�'. Its: . fay p.—a ( Signature /f LESSEE: ! ` American Tower,L.P.,a D.ela 'cf limited partnership "` By:ATC GP,Inc.,its sole/gene a~partner, Jas D.Hirsch i t f"` S _ / Director,Land Manage c? �'� ( Sig a I »�i / ,. .� . Packet Page -461- 3/8/2016 16.A.14. * 1:: '§ P ;'. 1•Ft�. aT -. is'''2 � s �� ;Pelf , '• t #` N ¢Y .< Fes.e 5`■s1- a w ski F x M fir" _ • f-' - ti ,' 111��� - LJJ Li. ... _ ........_,_..._.- ,k't - �/ W e• M , LL g , �/� � M. `sf 6' Vl O a` "Cei a': 4 .r to ccO F: �rr r . I t h► , VV.^".1I'. s .r .:nom "., _ '.-• V "" ;'." ,d -At U � . �° � �g F - } ¢. La F # ' s a,. _. 2 1 i:,3E1«`ar <e#£ ,..,.; i - Ar Packet Page -462- 3/8/2016 16.A.14. OFFICE OF THE COUJVl I A lORATEI INTEROFFICE MEMORANDUM DATE: September 10, 2008 TO: Kevin Hendricks,Right-of-Way Manager FROM: Scott R. Teach, Deputy County Attorney flfA4`7 I SUBJECT: Forest Service Lease Agreement/RLS 08-ECM-00932 The question you asked is whether the lease agreement with the Forest Service mandates that a Notice of Termination must be issued prior to the final 180 days of any subsequent self-renewing lease term. Article 2 of the lease agreement provides, in part, that a Notice of Termination"must be given at least one hundred eighty (180) days prior to the expiration of the Initial Term or any renewal term" of the lease. The clear meaning of that language does indicate that a Notice of Termination"must"be provided within that timeframe. The lease in this case had an initial term of twenty years commencing on September 23`d, 1986. Accordingly,the lease is now a couple of years into a five year renewal term; and well before the final 180 days of the expiration of that term. Although the express language dictates, I would presume the intention of that language was to provide the lessee a sufficient opportunity to look for alternative relocation sites. Please note, too, that Article 4 of the lease allows the lessor the right to terminate the lease after 90 days written notice upon the lessee's default. 08-ECM-00932!2 Packet Page -463- 3/8/2016 16.A.14. "IRA, (NOTICE OF INTENT TO TERMINATE FORESTRY SERVICE LEASE) March 8, 2016 Mr. Hank Graham Florida Department of Agriculture and Consumer Service - Florida Forest Service 10941 Palm Beach Boulevard Fort Myers, Florida 33905 Re: Lease Agreement 710 Randall Boulevard, Naples, Florida Dear Mr. Graham: This letter shall serve as Collier County's notice of intent to terminate the lease of that certain property located at the Southwest corner of the intersection of 81) Street NE and Randall Boulevard, having an address of 710 Randall Boulevard, and being more particularly described as All of Tract 126, Golden Gate Estates Unit No. 23, according to the plat thereof, recorded in the official records of Collier County, Florida, in Plat Book 7, Page 9 (Lease Agreement dated September 23, 1986, a copy of which is enclosed herewith). Sincerely, Donna Fiala Chairman Board of County Commissioners of Collier County, Florida. Packet Page -464-