Agenda 11/18/2014 Item # 16E 811/18/2014 16.E.8.
EXECUTIVE SUMMARY
Recommendation to approve Second Amendment to License Agreement with Summit Broadband
Inc. to add an area for the Licensee's permanent generator.
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, as amended (License Agreement) to add an area for the Licensee's permanent
generator.
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, Licensee was advised by the County's building permitting inspectors that their planned
permanent generator had to be setback from the hub building ten feet. The original plan was to locate the
permanent generator immediately adjacent to the hub building on the south side. In order to comply with
the 10 foot setback requirement, Licensee consulted with Licensor and determined that the best
alternative location would be to locate the penmanent generator on the north side of the hub building
which requires additional area to be added to the Licensed Area in the License Agreement.
Accordingly, the proposed Second 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 1,376
square feet. Since the agreed annual rental was a flat fee amount based on use and not square footage, no
increase to the annual rent is requested.
Licensee has approved the Second Amendment to License Agreement. County staff has reviewed the
request and confirmed that there are no conflicts with existing infrastructure.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: No Growth Management impact is associated with this
acti on.
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 Second Amendment to License Agreement with Summit Broadband.
PREPARED BY: Sue Jim Zimmerman, Senior Property Acquisition Specialist, Real Property
Management, Facilities Management Department
Attachment: Second Amendment to License Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.9.
11/18/2014 16.E.8.
Item Summary: Recommendation to approve Second Amendment to License Agreement with
Summit Broadband Inc. to add an area for the Licensee's permanent generator.
Meeting Date: 11/8/2014
Prepared By
Name: SueZimmerman
Title: Property Acquisition Specialist, Senior, Facilities Management
Approved By
Name: dennislinguidi
Title: Manager - Facilities, Facilities Management
Date: 10/30/2014 04:29:23 PM
Name: molt t
Title: Manager - Property Acquisition & Const M, Facilities Management
Date: 10/30/2014 04:30:41 PM
Name: pochopin_p
Title: Administrative Assistant, Administrative Services Division
Date: 10/30/2014 04:38:29 PM
Name: rodriguezdan
Title: Director - Solid Waste, Solid & Hazardous Waste Management
Date: 10/30/2014 04 :56:25 PM
Name: PriceLen
Title: Administrator - Administrative Services, Administrative Services Division
Date: 10/31/2014 10:59:42 AM
Name: jenniferbelpedio
Title: Assistant County Attorney, CAO General Services
Date: I 1 /03/2014 10:08:59 AM
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Name: klatzkowjeff
Title: County Attorney,
Date: 11 /03/2014 02:15:25 PM
11/18/2014 16.E.8.
Name: sherrykimble
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 11/04/2014 10:59:41 AM
Name: ochs_I
Title: County Manager, County Managers Office
Date: 11/06/2014 03:36:53 PM
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11/18/2014 16.E.8.
SECOND AMENDMENT TO LICENSE AGREEMENT
THIS SECOND AMENDMENT TO LICENSE AGREEMENT entered into this day of
_ , 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 Tomiami Trail, Suite 101, Naples, Florida 34112, hereinafter
referred to as "LICENSOR ".
WITNESSETH
WHEREAS, the LICENSEE and LICENSOR have previously entered into a License
Agreement dated February 25, 2014 ( "License Agreement "), and First Amendment to
License Agreement effective July 8, 2014 ( "First Amendment ");
WHEREAS, the LICENSEE and LICENSOR are desirous of amending that License
Agreement and First Amendment; and
NOW, THEREFORE, in consideration of the covenants and agreements provided
within the said License Agreement, as amended, and Ten Dollars ($10.00) and other
valuable consideration, the License Agreement is hereby amended as follows:
1. Article 1.01 of the License Agreement, as amended, 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, as amended, is hereby deleted in its entirety
and the following provision is substituted in its place:
"1.02 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 3,212 square feet, as field verified, for the hub; b) the
additional 10 foot wide parcels from the entrance road 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."
3. 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 WITNESS WHEREOF, the LICENSEE and LICENISOR have hereto executed this
Second Amendment to License Agreement the day and year first above written.
AS TO THE LICENSEE: SUMMIT BROADBAND INC., a Florida
corporation
DATED:
Witness (signature)
Print:
Witness (signature)
Print:
BY:
FRANK MAMBUCA, Div. President
Packet Page -1841- 0)
AS TO THE LICENSOR:
DATED:
BY:
Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
11/18/2014 16.E.8.
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:
TOM HENNING, Chairman
D
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11/18/2014 16.E.8.
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SKETCH AND DESCRIPTION OF UTILITY LI CENSE FEB. 3, 2014
scale: book:
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i.01• Fos: (239)566-=03
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for: I project:
PELICAN BAY SUMMIT BROADBAND - UTILITY LICENSE
title: dote:
SKETCH AND DESCRIPTION OF UTILITY LI CENSE FEB. 3, 2014
scale: book:
XpWm1 GNI)L1 Certlflaata of Authorization Nos. LD 3664 and EB 3964 1" -120' page:
i.01• Fos: (239)566-=03
I i� I ARBER & project view:
�i��RUNDAGE, Ific. 14 -0011
Professional engineers, planners. & Iand surveyors ocad: file no:
Colder County: Suite 500. 7400 Tamiami Trail. North; Napias , FL 34100 (2351)597-3111 110557 -SD 1 11057
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11/18/2014 16.E.8.
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 ?0? PELICAN DAY UNIT TWO AS RECORDED IN PLAT
BOOK 12 PAGES 74 THROUGH 79 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE NORTH 56.44'41' EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 10' A DISTANCE OF 23636 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 11'50'39' WEST A DISTANCE OF 111.50 FEET TO POINT 'A' AND
THE POINT OF TERMINUS OF THE CENTERLINE HEREIN DESCRIBED;
AND
BEGINNING AT THE AFORESAID POINT 'A' NORTH 60'20'12' EAST A DISTANCE 13F 13.07 FEETI
THENCE NORTH 29'49'16' WEST A DISTANCE OF 39.04 FEET;
THENCE SOUTH 60'02'45' WEST A DISTANCE OF 7.72 FEET;
THENCE NORTH 29'48'5D' WEST A DISTANCE OF 13.02 FEET;
THENCE SOUTH 60'11'10' WEST A DISTANCE OF 50.96 FEET TO POINT 'B';
THENCE CONTINUING SOUTH 60'11'10' WEST A DISTANCE OF 5.9D FEET;
THENCE SOUTH 29'39'48' EAST A DISTANCE OF 51.8E 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 C£NTCRLINE BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
THENCE NORTH 29'39'48' WEST A DISTANCE OF 127.89 FEET;
THENCE NORTH 17.36'53' EAST A DISTANCE OF 53.50 FEETI
THENCE NORTH 28'43'29' WEST A DISTANCE OF 96.14 FEET;
THENCE NORTH 27'55'34' WEST A DISTANCE OF 17D.08 FEET TO POINT 'C';
THENCE CONTINUE NORTH 27.55'34' WEST A DISTANCE OF 95.73 FEET TO POINT 'D';
THENCE CONTINUE NORTH 27.55'34' WEST A DISTANCE OF 75.57 FEET;
THENCE NORTH 56 "15'03' EAST A DISTANCE OF 147.98 FEET;
THENCE NORTH 49'38'29' EAST A DISTANCE OF I22.30 FEET;
THENCE NORTH 16'29'31' EAST A DISTANCE OF 10606 FEET;
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 IIF A IDMO FEET WIDE
UTILITY LICENSE LYING 5.00 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 VIDE
UTILITY LICENSE LYING 540 FEET ON EACH SIDE OF THE FOLLOWING CENTERLINE BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
THENCE SOU ;H 60'04'45' WEST A DISTANCE OF 153.76 FECT/
THENCE NOH 68'46'14' WEST A DISTANCE OF 209.35 FEET TO THE POINT OF TERMINUS OF THE CENTERLINE
HEREIN DEWRIBED.
CONTAININIJA TOTAL OF 19.369 SQUARE FEET MORE OR LESS;
SUBJECT la LICENSES AND RESTRICTIONS OF RECORD.
AGNOLI, BWI1tR L BRUNDAGE. INC.
GUY P.
P,S.M. 4390
1, DIMENSIONS ARE IN FEET AND DECIMALS THEREOF
1
2. P.O.B. = POINT OF ?EGINNING
3. P.O.C. = POINT OF }}COMMENCEMENT
4. P.O.T. = POINT OF TERMINUS
6 -27 -14 REVISED : ICENSE 10- 20-14 REVISED
5. BEARINGS ARE BASED ON PELICAN BAY UNIT, 2 PLAT,
6. P.B.I.D. - PELICAN DAY IMPROVEMENT DISTRICT
7, CP) ■ PLATTED
8. REF, OR 3755, PG 2127
SHEET 2 OF 2
for:
I pro iect:
PELICAN SAY
SUMMIT BROADBAND - UTILITY LICENSE
title:
date:
SKETCH AND DESCRIPTION OF UTILITY LICENSE
FEB. 3, 2014
so
scale:
book:
iii GNOU CarUricats of Autbortzation Nos. LB 3a64 and BD 3664
N.T.S.
Page:
a�f�a Fax: (232)566-2203
wagon ARBER &
project
view:
11no 0081c)
RUNDAGE,
14-0011
one ma INC.
Professional engineers, planners, & land surveyors
ocad:
file no:
ColUer Cauatp: Suite M. 7400 Tamlaml Trall, North: Naples, Pi. 3410a {239}547 -3111
11057 -SD
11057
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