Agenda 07/08/2014 Item #16K 77/8/2014 16. K. 7.
EXECUTIVE SUMMARY
Recommendation to approve a First Amendment to License Agreement with Summit Broadband
Inc. to expand the licensed area to allow for the installation of an upgraded electrical service
connection for the communications facility.
OBJECTIVE: To revise the Licensed Area defined in the License Agreement between Collier County
and the Collier County Water -Sewer District (County) and Summit Broadband Inc. (Licensee) dated
February 25, 2014 (License Agreement) to add an area for the Licensee's separately metered electrical
connection to an FPL transformer.
CONSIDERATIONS: County owned property is currently used by Summit Broadband Inc. for a
communications facility. This use was authorized by the Board on February 25, 2014, Agenda Item No.
E.9, when it approved a License Agreement.
During construction of the communications facility within the Licensed Area set forth in the License
Agreement, FPL informed Licensee that the access point for its electrical connection is the existing
transformer servicing the County's property. Licensee proposes to install conduit necessary for its
connection to the upgraded transformer and for placement of a separate electric meter and service
disconnect which requires additional area to be added to the Licensed Area in the License Agreement.
Accordingly, the proposed First Amendment to License Agreement will replace Exhibit "A" and revise
the Licensed Area which is identified on Exhibit "A." The area is expanded by approximately 1,400
square feet.
Licensee has approved the First Amendment to License Agreement. County staff has reviewed the
request and confirmed that there are no conflicts with existing infrastructure. FPL advised County staff
that there should be no negative impact to the County's property and that the existing transformer will be
upgraded to accommodate this additional connection at FPL's cost.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: No Growth Management impact is associated with this
action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for approval. — JAB
RECOMMENDATION: That the Board of County Commissioners approves and authorizes its
Chairman to execute the attached First Amendment to License Agreement with Summit Broadband.
PREPARED BY: Sue Jim Zimmerman, Senior Property Acquisition Specialist, Real Property
Management, Facilities Management Department
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7/8/2014 16.K.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.7.
Item Summary: Recommendation to approve a First Amendment to License Agreement
with Summit Broadband Inc. for a communications facility.
Meeting Date: 7/8/2014
Prepared By
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Division
7/1/2014 12:07:05 PM
Submitted by
Title: Property Acquisition Specialist, Senior, Facilities Management
Name: ZimmermanSue
7/1/2014 12:07:06 PM
Approved By
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Division
Date: 7/1/2014 1:40:21 PM
Name: JacobsSusan
Title: Operations Analyst, Public Utilities Division
Date: 7/1/2014 2:01:43 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 7/1/2014 2:06:06 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 7/1/2014 4:50:36 PM
Name: KlatzkowJeff
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Title: County Attorney,
Date: 7/2/2014 9:08:36 AM
Name: OchsLeo
7/8/2014 16.K.7.
Title: County Manager, County Managers Office
Date: 7/2/2014 9:57:50 AM
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FIRST AMENDMENT TO LICENSE AGREEMENT
5r
THIS FIRST AMENDMENT TO LICENSE AGREEMENT entered into this '' day of
J-'°'L -Y 2014, by and between SUMMIT BROADBAND INC., a Florida corporation,
whose mailing address is 24017 Production Circle, Bonita Springs, FL 34135, hereinafter
referred to as "LICENSEE and the BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX -OFFICIO
THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, whose
mailing address is 3335 East Tamiomi Trail, Suite 101, Naples, Florida 34112, hereinafter
referred to as "LICENSOR ".
WITNESSETH
WHEREAS, the LICENSEE and LICENSOR have previously entered into a License
Agreement ("License Agreement ") dated February 25, 2014;
WHEREAS, the LICENSEE and LICENSOR are desirous of amending that License
Agreement; and
NOW, THEREFORE, in consideration of the covenants and agreements provided
within the said License Agreement dated February 25, 2014, and Ten Dollars ($10.00)
and other valuable consideration, the License Agreement is hereby amended as
follows:
1. Article 1.011 of the License Agreement is hereby revised in part to replace Exhibit "A,"
attached to the License Agreement in its entirety, with the attached revised Exhibit "A ".
2. Article 1.02 of the License Agreement is hereby deleted in its entirety and the
following provision is substituted in its place:
"11.02 PURPOSE OF AGREEMENT: LICENSOR hereby Licenses the LICENSED AREA
to LICENSEE. This License is not a Franchise under any law, rule, or regulation. The
LICENSED AREA for the purposes of this Agreement shall include: a) the parcel of land
measuring approximately 36 feet by 51 feet (equaling approximately 1,836 square
feet) for the hub; b) the additional 10 foot wide parcels from the entrance rood and /or
adjacent property owner's property to the hub for installation of the underground
cable; and c) the parcel measuring approximately 10 feet by 140 feet (equaling
approximately 1,400 square feet) for installation of underground electrical conduit.
Access to the LICENSED AREA is granted as provided for herein. If any easement
documents require recordation in the Public Records of Collier County, LICENSEE shall
pay all costs associated with the recordation of same."
2. Except as expressly provided herein, the License Agreement remains in full force and
effect according to the terms and conditions contained therein, and said terms and
conditions are applicable hereto except as expressly provided otherwise herein,
IN WITNE55 WHEREOF, the LICENSEE and LICENSOR have hereto executed this
First Amendment to License Agreement the day and year first above written.
AS TO THE LICENSEE:
DATED: - Ill/ 86f
iI
ilk==� r4v1141-V1C
witness (signature)
Print: �T feu
AA I/
Witness (signature)
Print: M. T1, VA,—)=
SUMMIT BROADBAND INC., a Florida
corporation
BY:
FRANK MAt46UCQ, Div. President
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7/8/2014 16.K.7.
viii'
AS TO THE LICENSOR:
DATED:
BY:
7/8/2014 16. K. 7.
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND
AS EX- OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER -SEWER DISTRICT
BY:
. Deputy Clerk TOM HENNING, Chairman
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
6 �3
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EXHIBIT
7/8/2014 16.K.7.
N56.44'41'E
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LINE TABLE a
aw, LINE LENGTH BEARING L4 ?I / L11 a
Ll 4823(P) N 53.39'19' E u� _
L2 94.98(P) S 36'20'41' E '� a�� 1-' eq
y L3 72.04 (P) 'S 53.39'19' W L9
52.20 L4 525 N 60.20'12' E
L5 36.00 N 29.39'48' W D'
L6 51.00 S 60.2 0'12' W PI h
L7 53.50 N '17.36'53' E Q111ri
L8 9.79 N 11'20'17' W
L9 5100 S 60.20'12' 'W ZI
L10 36.00 S 29.39'48' E
L11 50.75 N 60.20'12' E
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COLLIER - COUNTY SITE il� PARCEL 'M'
FORMERLY P.B.I.D. t CD.R. 1536,
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(O.R. 1393, PG. 1235) i i
N C ❑:R. 3755, PG.' 2127> oiNz
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PART OF PARCEL '0' 1 �^
PELICAN BAY, UNIT TWO
(PB. 12, PGS, 74 -79) 1 L_Sb0'04'43_W _
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NOT A SURVEY
6 -27 -14 REVISED LICENSE SHEET 1 OF 2
for: project:
PELICAN BAY SUMMIT BROADBAND - UTILITY LICENSE
title: dote:
SKETCH AND DESCRIPTION OF UTILITY LICENSE - FEB. 3, 2014
stole: book:
WUNDAGE, Cartlticate of Anthorlsatlon Nos. 1S 36" and 138 W64 Tax: (239)scee -2203 120 page:
ER project view:
no.: urc. '' 14 -0011
Professional engineers, planners, & land surveyors acad: tale no:
cons*,• Cam* snit* 800. 7400 %miand Trull, North; N&PI", FL 34Loe (=9)m -3111 11057 -SD 11057
Packet Page -2463-
7/8/2014 16. K. 7.
LEGAL DESCRIPTION OF A UTILITY LICENSE
PART OF PARCEL '0'
PELICAN BAY UNIT TWO <P,B. 12, PAGES 74 -79)
COLLIER COUNTY, FLORIDA
ALL THAT PART OF PARCEL '0', PELICAN BAY UNIT TWO, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 12, PAGES 74 -79, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS,
COMMENCING AT THE SOUTHERLY MOST CORNER OF PARCEL 101 PELICAN BAY UNIT TWO AS RECORDED IN PLAT
BOOK 12 PAGES 74 THROUGH 79 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDAI
THENCE NORTH 56.44.41' EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 'O' A DISTANCE OF 236.36 FEET
TO THE POINT OF BEGINNING OF A 10.00 FEET WIDE UTILITY LICENSE LYING 5.00 FEET ON EACH SIDE OF
THE FOLLOWING CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
THENCE LEAVING SAID SOUTHERLY LINE NORTH 1110'39' WEST A DISTANCE OF LLL50 FEET TO POINT 'A' AND
AND THE POINT OF TERMINUS OF THE CENTERLINE HEREIN DESCRIBEDI
BEGINNING AT THE AFORESAID POINT 'A' NORTH 60'20'12' EAST A DISTANCE OF 525 FEETI
THENCE NORTH 29'39'48' WEST A DISTANCE OF 36.00 FEETI
THENCE SOUTH 60'20'12' WEST A DISTANCE OF 51.00 FEET TO POINT 'B';
THENCE CONTINUING SOUTH 60.20'12' WEST A DISTANCE OF 5.00 FEETI
THENCE SOUTH 29.39'48' EAST A DISTANCE OF 36.00 FEETI
THENCE NORTH 60'20'12' EAST A DISTANCE OF 50.75 FEET TO POINT 'A' AND THE POINT OF BEGINNING OF
AND THE PARCEL HEREIN DESCRIBED)
BEGINNING AT THE AFOREMENTIONED POINT 'B' SAID POINT BEING THE BEGINNING OF A 10 .00 FEET WIDE
UTILITY LICENSE LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING CENTERLINE BEING MORE
PARTICULARLY DESCRIBED AS FOLLOVSI
THENCE NORTH 29.39'48' WEST A DISTANCE OF 143.78 FEETI
THENCE NORTH 17.36'53' EAST A DISTANCE OF 53.50 FEETI
THENCE NORTH 28'43'29' WEST A DISTANCE OF 96.14 FEETI
THENCE NORTH 27.55.34' VEST A DISTANCE OF 170.08 FEET TO POINT 'C'1
THENCE CONTINUE NORTH 27'55'34' VEST A DISTANCE OF 95.73 FEET TO POINT 'D'I
THENCE CONTINUE NORTH 27.55'34' VEST A DISTANCE OF 75.57 FEETI
THENCE NORTH 56.15'03' EAST A DISTANCE OF 147.98 FEETI
THENCE NORTH 49.38'29' EAST A DISTANCE OF 122.30 FEET)
THENCE NORTH 16'29'31' EAST A DISTANCE OF 101.06 FEETI
THENCE NORTH 11'20'17' WEST A DISTANCE OF 9.79 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF
THE PELICAN BAY MAINTENANCE AREA AND THE POINT OF TERMINUS OF THE CENTERLINE HEREIN DESCRIBED.
AND
BEGINNING AT THE AFOREMENTIONED POINT 'C' SAID POINT BEING THE BEGINNING OF A 10.00 FEET WIDE
UTILITY LICENSE LYING 540 FEET ON EACH SIDE OF THE FOLLOWING CENTERLINE BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS/
THENCE NORTH 62'04.26' EAST A DISTANCE OF 154.57 FEET TO THE POINT OF TERMINUS OF THE CENTERLINE
HEREIN DESCRIBED.
AND
BEGINNING AT THE AFOREMENTIONED POINT 'D' SAID POINT BEING THE BEGINNING OF A 10.00 FEET WIDE
UTILITY LICENSE LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING CENTERLINE BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS&
THENCE SOUTH 60'04'45' WEST A DISTANCE 1IF 153.76 FEETI
THENCE NORTH 68'46.14' WEST A DISTANCE OF 208.35 FEET TO THE POINT OF TERMINUS OF THE CENTERLINE
HEREIN DESCRIBED.
CONTAINING TOTAL OF 18,407 SQUARE FEET MORE OR LESS;
SUB ACT T( LICENSES AND RESTRICTIONS Or RECORD.
AGNOLI, B44BRR 6 BRUNDAGE, INC.
P.S.M, 4390
1. DIMENSIONS ARE I� FEET AND DECIMALS THEREOF.
5.
BEARINGS ARE BASED ON PELICAN BAY UNIT 2 PLAT,
2. P.O.B. - POINT OF BEGINNING
6.
P.B.I,D. = PELICAN BAY IMPROVEMENT DISTRICT
3. P.O.C. - POINT OF COMMENCEMENT
7.
<P) - PLATTED
4. P.O.T. - POINT OF TERMINUS
8.
REF, OR 3755, PG 2127
6 -27 -14 REVISED LICENSE SHEET 2 OF 2
for: protect:
PELICAN BAY SUMMIT BROADBAND - UTILITY LICENSE
title: SKETCH AND DESCRIPTION OF UTILITY LICENSE dote:
FEB. 3, 2014
GNOLI Ceriifioate or Authorization Noe. LB 9864 and BB 36" N.T.S. Page:
Fax: (299)988 -2208
R & project view:
=U'XDAGE, wc. no.: 14 -0011
Professional engineers, planners, & land surveyors ocad: file no:
Collier CountJ: Suite 200. 7400 Tamiaml Trap, North; Napi". 17, 9410[1 (299)597 -9111
11057 -SD 11057
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