Agenda 01/10/2012 Item #16E21/10/2012 Item 16.E.2.
EXECUTIVE SUMMARY
Recommendation to approve an Antenna Site Agreement and an Addendum to Antenna Site
Agreement with SBA Towers ll, LLC, for communications tower space needed for the County's
SafePoint Location System, a component of the County's 800 MHz public safety radio
network, at a first year's rent cost of $7,800.
OBJECTIVE: The County requires communications tower space and ground -level equipment space owned by
SBA Towers II, LLC, at their location at 19665 Immokalee Road, Immokalee, for the installation and operation of
communications equipment in order to operate the SafePoint Location System that was approved by the Board
of County Commissioners (Board) on June 26, 2007, Agenda Item 10 C.
CONSIDERATIONS: The initial term for the Antenna Site Agreement (Agreement) shall be for five (5) years.
The Agreement contains a provision for the County to extend the Agreement for four (4) separate terms of five
(5) years each, provided it is not in default of any of the terms of the Agreement.
The attached Agreement has been reviewed by the Information Technology Department and Risk Management
Department concerning insurance coverage at the subject property, and by the Office of the County Attorney for
legal sufficiency.
FISCAL IMPACT: The annual rent of $7,800, which shall be paid in equal monthly installments of $650 each,
and any utility charges, as well as any and all installation, maintenance, and operational charges shall be paid
from the 800MHz Inter - Governmental Communications Program account number 188 - 140480- 644600. The
annual rent shall be increased by 3.5% annually.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: The attached Antenna Site Agreement and an Addendum to Antenna Site
Agreement have been reviewed and approved by the Office of the County Attorney for legal sufficiency. — SRT
RECOMMENDATION: That the Board of County Commissioners approves and authorizes its Chairman to
execute the attached Antenna Site Agreement and the Addendum to Antenna Site Agreement with SBA Towers
II, LLC.
PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Property Management, Facilities
Management Department
Packet Page -1255-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.2.
1/10/2012 Item 16.E.2.
Item Summary: Recommendation to approve an Antenna Site Agreement and an
Addendum to Antenna Site Agreement with SBA Towers II, LLC, for communications tower
space needed for the County's SafePoint Location System, a component of the County's 800
MHz public safety radio network, at a first year's rent cost of $7,800.
Meeting Date: 1/10/2012
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities
12/9/2011 1:56:01 PM
Submitted by
Title: Property Management Specialist, Senior,Facilities
Name: DowlingMichael
12/9/2011 1:56:03 PM
Approved By
Name: DalyJohn
Date: 12/12/20119:51:59 AM
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 12/12/20113:51:05 PM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 12/14/2011 11:08:52 AM
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 12/28/2011 8:52:39 AM
Packet Page -1256-
Name: BerriosMike
Title: Manager - Network Operations,Information Technology
Date: 12/28/2011 10:38:23 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/28/20112:53:58 PM
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 12/29/20116:58:25 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/29/20119:08:12 AM
Name: FinnEd
Date: 1/3/2012 12:41:44 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/3/2012 1:49:02 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 1/3/2012 2:16:50 PM
Packet Page -1257-
1/10/2012 Item 16.E.2.
Site ID: FL13632 -A -06
Site Name: Immokalee 11
ANTENNA SITE AGREEMENT
1. Premises and Use. SBA TOWERS 11 LLC, a
Florida limited liability company ( "Owner") leases to
COLLIER COUNTY, a political subdivision of the
State of Florida, whose mailing address is 3299 East
Tamiami Trail, Suite 303, Naples, Florida 34112
( "Tenant "), the site described below: Tower antenna
space; Ground space for placement of Pad or Shelter
( "Shelter") for Tenant's base station equipment
consisting of approximately 6.25 square feet; and
space required for Tenant's cable ladders, cable runs
and cable bridges to connect telecommunications
equipment and antennas, in the location shown on
Exhibit A, together with a non - exclusive easement for
reasonable access thereto and to the appropriate, in
the discretion of Tenant, source of electric and
telephone facilities (collectively, the "Site "). The Site
will be used by Tenant for the purpose of installing,
removing, replacing, modifying, maintaining and
operating, at its expense, a telecommunications
service system facility consisting of the antenna(s)
and related equipment set forth on Exhibit B (the
"Equipment"). If Tenant desires to place equipment
on the Site in addition to that listed on Exhibit B,
Owner and Tenant will negotiate the placement of the
additional equipment and the associated increased
rent. The placement of substitution equipment in
accordance with Section 9 shall not constitute
additional equipment unless the same shall utilize
additional space or capacity. Tenant will use the Site
in a manner which will not unreasonably disturb the
occupancy of Owner's other tenants.
2. Term. The "Initial Term" of this Agreement shall
be five (5) years beginning on the date set forth
below ( "Commencement Date ") and terminating on
the fifth anniversary of the Commencement Date.
This Agreement will automatically renew for four (4)
additional terms (each a "Renewal Term') of five (5)
years each, unless either party provides notice to the
other of its intention not to renew not less than one
hundred and twenty (120) days prior to the expiration
of the Initial Term or any Renewal Term.
COMMENCEMENT DATE: The earlier of the date
Tenant begins installation of its Equipment at the Site
or December 1, 2011.
3. Rent. Beginning on the Commencement Date
rent will be paid in equal monthly installments of Six
Hundred Fifty and no /100 Dollars ($650.00) ( "Rent "),
in advance, due on the first day of each month,
partial months to be prorated on a thirty (30) day
month. Rent will be increased annually on the
anniversary of the Commencement Date (during the
Initial and all Renewal Terms) by 15 %0 of the monthly
rate in effect for the prior year. This Agreement shall
be effective on the date last executed by the parties.
ANTSITE 6 -18 -08
Mach 11, 2011
1/10/2012 Item 16.E.2.
Tenant Site ID:
Tenant Site Name: Corkscrew 2
4. Security Deposit. Intentionally omitted.
5. Title and Quiet Possession. Owner represents
and agrees (a) that it is in possession of the Site as
lessee under a ground lease ( "Ground Lease ");
(b) that if applicable, upon request from Tenant,
Owner will provide to Tenant a copy of the Ground
Lease with financial and other confidential terms
redacted; (c) that it has the right to enter into this
Agreement; (d) that the person signing this
Agreement has the authority to sign; and (e) that
Tenant is entitled to the quiet possession of the Site
subject to zoning and other requirements imposed by
governmental authorities, any easements,
restrictions, or encumbrances of record throughout
the Initial Term and each Renewal Term so long as
Tenant is not in default beyond the expiration of any
cure period. Notwithstanding anything to the contrary
contained in this Agreement, if the Site is subject to a
Ground Lease, either party may terminate this
Agreement without further liability upon the
termination or expiration of Owner's right to
possession of the Site under the Ground Lease.
Owner will not do, attempt, permit or suffer anything
to be done which could be construed to be a violation
of the Ground Lease. This Agreement is subordinate
to any mortgage or deed of trust now of record
against the Site. Promptly after this Agreement is
fully executed, if requested by Tenant, Owner will
request the holder of any such mortgage or deed of
trust to execute a non - disturbance agreement in a
form provided by Tenant, and Owner will cooperate
with Tenant at Tenant's sole expense toward such an
end to the extent that such cooperation does not
cause Owner additional financial liability. Tenant will
not, directly or indirectly, on behalf of itself or any
third party, communicate, negotiate, and /or contract
with the lessor of the Ground Lease, unless Owner's
rights under the Ground Lease have been
terminated.
6. Assignment!Subletting. Tenant may not assign
or transfer this Agreement without the prior written
consent of Owner, which consent will not be
unreasonably withheld, delayed or conditioned.
However, Tenant may assign without the Owner's
prior written consent to any party controlling,
controlled by or under common control with Tenant
provided that the assuming party has comparable
credit quality to that of Tenant. Tenant may not
sublease this Agreement. In no event will Tenant be
relieved of any obligations or liability hereunder.
7. Access and Security. Tenant will have the
reasonable right of access to the Tower where its
Equipment is located; provided that Tenant must give
Owner forty -eight (48) hours prior notice. Tenant will
Packet Page -1258-
Tenant Initials: Owner Initials: (SBA
Site ID: FL13632 -A -06
Site Name: Immokalee It
have unrestricted access twenty -four (24) hours a
day seven (7) days a week to its Pad or Shelter. In
the event of an emergency situation which poses an
immediate threat of substantial harm or damage to
persons and /or property (including the continued
operations of Tenant's telecommunications
equipment) which requires entry on the Tower,
Tenant may enter same and take the actions that are
required to protect individuals or personal property
from the immediate threat of substantial harm or
damage; provided that promptly after the emergency
entry and in no event later than twenty -four (24)
hours, Tenant gives telephonic and written notice to
Owner of Tenant's entry onto the Site.
8. Notices. All notices must be in writing and are
effective when deposited in the U.S. mail, certified
and postage prepaid, or when sent via overnight
delivery, to the address set forth below, or as
otherwise provided by law.
Tenant: Board of County Commissioners
c/o Real Estate Services Department
3335 Tamiami Trail East, Suite 101
Naples, FL 34112 -5356
Copy to: Telecommunications Manager
Owner: SBA Towers 11 LLC
5900 Broken Sound Parkway N.W.
2nd Floor
Boca Raton, FL 33487 -2797
Attn: Site Administration
RE: FL13632- A- 06 /lmmokalee II
Rental
Payments: SBA Towers II LLC
P.O. Box 933730
Atlanta, GA 31193 -3730
Attn: Accounts Receivable
RE: FL13632- A- 06 /Immokalee 11
9. Installation and Improvements. Prior to
installing or allowing any Equipment to be installed at
the Site or making any changes, modifications or
alterations to such Equipment, Tenant, at its
expense, will obtain all required approvals and will
submit to Owner plans, specifications and proposed
dates of the planned installation or other activity, for
Owner's approval which approval will not be
unreasonably withheld, including, if requested by
Owner, a tower loading study and /or an
intermodulation study performed and certified by an
independent licensed professional engineer. The
approved plans will be deemed incorporated into this
Agreement. All installation of or other work on
Tenant's Equipment on the Tower will be at Tenant's
sole expense and performed by Owner or one of its
affiliates or subsidiaries. All installations, operation
and maintenance of Equipment must be in
ANTSITE 6 -18-08
March 11, 2011
1/10/2012 Item 16.E.2.
Tenant Site ID:
Tenant Site Name: Corkscrew 2
accordance with Owner's policies set forth in Exhibit
D. Owner reserves the right to prohibit operation of
any Equipment it reasonably deems to be improperly
installed, unsafe or not included in the installation
design plan. Owner agrees to cooperate with
Tenant's reasonable requests, at Tenant's expense,
with respect to obtaining any required zoning
approvals for the Site and any improvements. Upon
termination or expiration of this Agreement, Tenant
shall remove its Equipment and improvements and
will restore the Site to the condition existing on the
Commencement Date, except for ordinary wear and
tear and insured casualty loss. If Tenant fails to
remove its Equipment as specified in the preceding
sentence, Tenant's Equipment will be subject to
disconnection, removal, and disposal by Owner. If
Tenant's Equipment remains on the Site after the
termination or expiration date (even if it has been
disconnected), Tenant will pay to Owner a hold -over
fee equal to two hundred percent (200 %) of the then -
effective monthly Rent, prorated from the effective
date of termination to the date the Equipment is
removed from the Site. Owner will have the right (but
not the obligation) to disconnect and remove
Equipment from the Site. If, after the termination
date, Owner disconnects and removes Equipment,
Tenant will pay to Owner upon demand three
hundred percent (300 %) of the disconnection,
removal and storage expenses incurred by or on
behalf of Owner. If the Equipment is not reclaimed
by Tenant within forty -five (45) days of its removal
from the Site, Owner has the right to sell the
Equipment and deduct therefrom any amounts due
under this Agreement, returning the remainder to
Tenant. Upon written notice by Owner to Tenant not
less than five (5) business days beforehand, unless
such notice can not reasonably be provided in which
event Owner will give Tenant the earliest possible
reasonable notice, Tenant will cooperate with Owner
in rescheduling its transmitting activities, reducing
power, or interrupting its activities for limited periods
of time in the event of an emergency or in order to
permit the safe installation of new equipment or new
facilities at the Site or to permit repair to facilities of
any user of the Site or to the related facilities.
10_ Compliance with Laws. Tenant agrees to take
the Site in strictly "as is" condition. Owner represents
that the Site, its property contiguous thereto, and all
improvements located thereon, are in substantial
compliance with building, life /safety, disability and
other laws, codes and regulations of applicable
governmental authorities. Tenant will substantially
comply with all applicable laws relating to its
possession and use of the Site and its Equipment.
Upon request by Owner, Tenant will produce
satisfactory evidence that all Equipment installed at
the Site complies with federal regulations pertaining
to radio - frequency radiation standards and is licensed
with the FCC, if applicable. Owner accepts
Packet Page -1259-
Tenant Initials: _ Owner Initials:- 5w S EIA
Site ID: Ft.13632 -A -06
Site Name: Immokalee 11
responsibility for the Site's compliance with all tower
or building marking and lighting regulations
promulgated by the Federal Aviation Administration
"FAA" or the Federal Communications Commission
"FCC," as applicable. Owner represents and warrants
that the Site complies with all applicable tower or
building marking or lighting regulations promulgated
by the FAA or the FCC. Owner agrees that Tenant
may install, at Tenant's sole cost and expense as
required for Tenant's Equipment, a tower lighting
alarm monitoring system (including, but not limited to,
commercial power and a dedicated surveillance
telephone line) to monitor the status of the
tower/building lighting. Owner shall be solely
responsible for reporting any lighting outages or
malfunctions to the appropriate governmental
authorities. Tenant's installation of such
tower/building lighting alarm monitoring system will
not relieve Owner of its primary responsibility for
compliance with all applicable tower or building
marking and lighting requirements. If Tenant installs
a temporary generator as described above or
contracts with Owner to place a permanent generator
at the Site, (i) Owner and Tenant acknowledge that
Tenant must comply with all applicable laws and
regulations concerning the installation, operation,
maintenance and removal of Tenant's generator
and /or back up power supply including but not limited
to obtaining any and all necessary government
approvals and permits, and (ii) Tenant agrees to
indemnify, defend and hold harmless Owner for any
and all costs, claims, administrative orders, causes of
action, fines and penalties which arise out of the
installation, operation, maintenance and removal of
the generator and or back up power supply used
solely by Tenant, and (iii) Upon request of Owner,
Tenant agrees to provide Owner with all relevant
information concerning the Tenant's generator and /or
back up power supply necessary for Owner to comply
with any reporting obligations for which Owner, but
not Tenant, is responsible as a result of statute or
regulation.
11. Insurance. Tenant will procure and maintain a
public liability policy, with limits of not less than
$1,000;000 for bodily injury, $1,000,000 for property
damage, $2,000,000 aggregate, which minimum
Owner may require adjusting at each renewal term,
with a certificate of insurance to be furnished to
Owner within thirty (30) days of execution of this
Agreement and prior to performing any work. Such
policy will provide that cancellation will not occur
without at least fifteen (15) days prior written notice to
Owner. Tenant will cause Owner to be named as an
additional insured on such policy.
12. Interference. Tenant understands that it is the
intent of Owner to accommodate as many users as
possible and that Owner may rent space to any other
entity or person(s) desiring its facilities_ Tenant shall
not cause, by its transmitter or other activities,
ANTSITE 6 -18 -08
March 11, 2011
1/10/2012 Item 16.E.2.
Tenant Site ID:
Tenant Site Name: Corkscrew 2
including the addition of any equipment at a future
date, interference to Owner or other tenants that
have previously commenced rental payments. Tenant
shall provide Owner with a list of frequencies to be
used at the Site prior to putting said frequencies into
operation. If interference occurs which involves
Tenant, Owner may require that an intermodulation
study be conducted at Tenant's cost. If Owner
determines that the interference is the responsibility
of Tenant, Owner will notify Tenant and Tenant shall
have five (5) business days from date of notice to
correct the interference and if not corrected, Tenant
shall cease, and Owner shall have all rights to any
legal means necessary including injunctive relief and
self help remedies to cause Tenant to cease
transmission, except for intermittent testing for the
purpose of correcting the interference. 'if interference
cannot be corrected within sixty (60) calendar days
from Tenant's receipt of Owner's notice, then Owner
may terminate this Agreement without further
obligations to Tenant. Further, if Owner determines
that another tenant at the Site is causing interference
to Tenant and the interference is not corrected within
sixty (60) days from Owner's determination, and such
interference precludes Tenant from using the Site for
its intended purpose, Tenant may terminate this
Agreement. Owner will require substantially similar
interference language as outlined in this paragraph in
all future Tenant Agreements related to this Site.
13. Utilities. Tenant will pay for all utilities used by it
at the Site and Tenant will install its own electric
meter. Tenant will be responsible directly to the
appropriate utility companies for all utilities required
for Tenant's use of the Site. However, Owner agrees
to cooperate with Tenant, at Tenant's expense, in its
efforts to obtain utilities from any location provided by
the Owner or the servicing utility. Temporary
interruption in the power provided by the facilities will
not render Owner liable in any respect for damages
to either person or property nor relieve Tenant from
fulfillment of any covenant or agreement hereof. If
any of Tenant's communications Equipment fails
because of loss of any electrical power, and the
restoration of the electrical power is within the
reasonable control of Owner, Owner will use
reasonable diligence to restore the electrical power
promptly, but will have no claim for damages on
account of an interruption in electrical service
occasioned thereby or resulting therefrom.
14. Relocation Right. If determined necessary by
Owner to relocate the tower, Owner will have the
right to relocate the telecommunications facility of
Tenant, or any part thereof, to an alternate tower
location ( "Relocation Site ") on Owner's property;
provided, however, that such relocation will (i) be at
Tenant's sole cost and expense, (ii) not unreasonably
result in any interruption of the communications
service provided by Tenant on Owner's property, and
(iii) not impair, or in any manner alter, the quality of
Packet Page -1260-
Tenant Initials: _ Owner Initials:5�ff r,, BA
Site ID: FL13632 -A -06
Site Name: Immokalee 11
communications service provided by Tenant on and
from Owner's property. Owner will exercise its
relocation right by delivering written notice to Tenant.
In the notice, Owner will propose an alternate site on
Owner's property to which Tenant may relocate its
Equipment. Tenant will have sixty (60) days from the
date it receives the notice to evaluate Owner's
proposed Relocation Site, during which period
Tenant will have the right to conduct tests to
determine the technological feasibility of the
proposed Relocation Site, Failure to respond in
writing within the sixty (60) day period will be deemed
an approval. If Tenant disapproves such Relocation
Site, then Owner may thereafter propose another
Relocation Site by notice to Tenant in the manner set
forth above. Tenant's disapproval of a Relocation Site
must be reasonable, Tenant will have a period of
ninety (90) days after completion of the Relocation
Site to relocate its Equipment at Tenant's expense to
the Relocation Site. Owner and Tenant hereby agree
that the Relocation Site (including the access and
utility right -of -way) may be surveyed by a licensed
surveyor at the sole cost of Tenant, and such survey
will then supplement Exhibit A and become a part
hereof,
15. Termination by Tenant. Tenant may terminate
this Agreement at any time by notice to Owner
without further liability if (i) Owner fails to have proper
possession of the Site or authority to enter into this
Agreement; or (ii) Tenant does not obtain, after
making diligent efforts, all permits or other approvals
(collectively, "approval ") required from any
governmental authority or any easements required
from any third party to operate the
telecommunications system facility, or if any such
approval is canceled, expires, is withdrawn or
terminated by such governmental authority or third
party following Tenant's diligent efforts to maintain
such approval.
16. Default. If the Rent or other amount due
hereunder is not paid in accordance with the terms
hereof, Tenant will pay interest on the past due
amounts at the lesser of (i) the rate of one and one-
half percent (1.5°10) per month, or (ii) the maximum
interest rate permitted by applicable law. If either
party is in default under this Agreement for a period
of (a) ten (10) days following receipt of notice from
the non- defaulting party with respect to a default
which may be cured solely by the payment of money,
or (b) thirty (30) days following receipt of notice from
the non- defaulting party with respect to a default
which may not be cured solely by the payment of
money, then, in either event, the non - defaulting party
may pursue any remedies available to it against the
defaulting party under applicable law, including, but
not limited to, the right to terminate this Agreement.
Further, Owner may accelerate and declare the entire
unpaid Rent for the balance of the existing Term to
be immediately due and payable forthwith. If the
ANTSITE 6 -18 -08
March 11, 2011
1/10/2012 Item 16.E.2.
Tenant Site ID:
Tenant Site Name: Corkscrew
non - monetary default may not reasonably be cured
within a thirty (30) day period, this Agreement may ,,
not be terminated if the defaulting party commences
action to cure the default within such thirty (30) day
period and proceeds with due diligence to fully cure
the default.
17. Taxes. Tenant shall pay all taxes, including,
without limitation, sales, use and excise taxes, and all
fees, assessments and any other cost or expense
now or hereafter imposed by any government
authority in connection with Tenant's payments to
Owner, Tenant's Equipment or Tenant's use of the
Site. In addition, Tenant shall pay that portion, if any,
of the personal property taxes or other taxes
attributable to Tenant's Equipment. Tenant shall pay
as additional rent any increase in real estate taxes
levied against the Site and Tenant's Equipment
attributable to the Tenant's use and occupancy of the
Site. Payment shall be made by Tenant within fifteen
(15) days after presentation of receipted bill and /or
assessment notice which is the basis for the demand.
18. Indemnity. To the extent permitted by law,
TENANT shall indemnify, defend and hold harmless
OWNER from and against any actions, claims,
damages and costs (including reasonable attorney's
fees and costs) arising out of TENANT'S negligence
or intentional misconduct in connection with the use
and /or occupancy of the Site, including, without
limitation, any damage occurring outside of the Site in
connection with Tenant's installation of its Equipment
or this Agreement. To the extent permitted by law,
OWNER shall indemnify, defend and hold harmless
TENANT from and against any actions, claims,
damages and costs (including reasonable attorney's
fees and costs) arising out of OWNER'S negligence
or intentional misconduct in connection with the use
and/or occupancy of the Site or this Agreement. The
foregoing indemnification shall not constitute a waiver
of sovereign immunity beyond the limits set forth in
Section 768.28, Florida Statutes, nor shall the same
be construed to constitute agreement by either party
to indemnify the other party for such other party's
gross negligence or intentional misconduct. Except
for its own acts of gross negligence or intentional
misconduct, Owner will have no liability for any loss
or damage due to personal injury or death, property
damage, loss of revenues due to discontinuance of
operations at the Site, libel or slander, or imperfect or
unsatisfactory communications experienced by the
Tenant for any reason whatsoever.
19. Hazardous Substances. Owner represents that
it has no knowledge of any substance, chemical or
waste (collectively, "substance ") on the Site that is
identified as hazardous, toxic or dangerous in any
applicable federal, state or local law or regulation.
Tenant or Owner will not introduce or use any such
substance on the Site in violation of any applicable
law, or permit any discharge or release of such
substance on the Site.
4
Packet Page -1261-
Tenant Initials: _ Owner initialOw SBA,
Site ID: FL13632 -A -06
Site Name: Immokalee It
20. Liens. Tenant will not permit any mechanics,
materialman's or other liens to stand against the Site
for any labor or material furnished by Tenant in
connection with work of any character performed on
the Site by or at the direction of the Tenant. In the
event that any notice of lien will be filed or given,
Tenant will, within thirty (30) days after the date of
filing cause the same to be released or discharged by
either payment, deposit, or bond. Owner will be
indemnified by Tenant from and against any losses,
damages, costs, expenses, fees or penalties suffered
or incurred by Owner on account of the filing of the
claim or lien.
21. Casualty or Condemnation. In the event of any
damage, destruction or condemnation of the Site, or
any part thereof, not caused by Tenant that renders
the Site unusable or inoperable, Owner will have the
right, but not the obligation, to provide an alternate
location, whether on the same Site or another Site, or
to terminate this Agreement within thirty (30) days
after the damage, destruction or condemnation. If
Owner does not terminate this Agreement: (i) the
Rent payable hereunder will be reduced or abated in
proportion to the actual reduction or abatement of
use of the Site by Tenant; and (ii) Owner will make
any necessary repairs to the Site caused by the
damage or destruction and will be entitled to use any
and all insurance proceeds to pay for any repairs. In
the event Owner has not proceeded to repair, replace
or rebuild the Site within sixty (60) days after the
damage or destruction, after giving thirty (30) days
written notice and Owner's failure to comply within
that time frame, then Tenant may terminate this
Agreement. Owner will in no event be liable to
Tenant for any damage to or loss of Tenant's
Equipment, or loss or damage sustained by reason of
any business interruption suffered by reason of any
condemnation, act of God, by Tenant's act or
omission, or Tenant's violation of any of the terms,
covenants or conditions of this Agreement, (unless
caused solely by Owner's intentional misconduct or
gross negligence). The terms and conditions of this
Section 21 shall survive the termination of this Lease.
Owner acknowledges that Tenant may have certain
emergency procedures that Tenant may desire to
implement, including the temporary location of a cell
on wheels on the Site, in the event of a casualty. To
the extent possible, Owner will cooperate with Tenant
in Tenant's implementation of its emergency
responses as the same may exist from time to time.
22. Confidentiality. Intentionally omitted.
23. Bankruptcy and Insolvency. Owner and
Tenant agree that this Agreement constitutes a lease
of non - residential real property for the purposes of 11
U.S.C. § 365 (d) (4) or any such successor provision.
24. Miscellaneous. (a) This Agreement applies to
and binds the heirs, successors, executors,
administrators and assigns of the parties to this
Agreement; (b) This Agreement is governed by the
ANTSITE 6 -18 -08
March 11, 2011
1/10/2012 Item 16.E.2.
Tenant Site ID:
Tenant Site Name: Corkscrew 2
laws of the State in which the Site is located; (c) If
requested by Tenant, Owner agrees to promptly
execute and deliver to Tenant a recordable
Memorandum of this Agreement in the form of Exhibit
C; (d) This Agreement (including the Exhibits)
constitutes the entire Agreement between the parties
and supersedes all prior written and verbal
agreements, representations, promises or
understandings between the parties, particularly
related but not limited to Tenant's equipment rights
on the tower and/or at the Site. Any amendments to
this Agreement must be in writing and executed by
both parties; (e) If any provision of this Agreement is
invalid or unenforceable with respect to any party, the
remainder of this Agreement or the application of
such provision to persons other than those as to
whom it is held invalid or unenforceable, will not be
affected and each provision of this Agreement will be
valid and enforceable to the fullest extent permitted
by law; (f) The prevailing party in any action or
proceeding in court or mutually agreed upon
arbitration proceeding to enforce the terms of this
Agreement is entitled to receive its reasonable
attorneys' fees and other reasonable enforcement
costs and expenses from the non- prevailing party; (g)
Failure or delay on the part of Tenant or Owner to
exercise any right, power, or privilege hereunder will
not operate as a waiver thereof; waiver of a breach of
any provision hereof under any circumstances will not
constitute a waiver of any subsequent breach of the
provision, or of a breach of any other provision of this
Agreement; and (h) Tenant agrees and
acknowledges that, in conjunction with other
broadcast entities which may transmit from the Site, if
necessary due to FCC RF emission standards and
upon reasonable notice, Tenant shall reduce power
or terminate station operations to prevent possible
overexposure of worker to RF radiation.
The Addendum and the following Exhibits are
attached to and made a part of this Agreement:
Exhibit A" (Site Description), "Bn (Antenna and
Equipment List), U1 t"WILWITIaz
Agreenmrrt� and "D" (Minimum Installation,
Occupancy... ),
Packet Page -1262-
Tenant Initials: _ Owner Initials: SBA
Site ID: FL13632 -A -06
Site Name: Immokalee II
1/10/2012 Item 16.E.2.
Tenant Site ID:
Tenant Site Name: Corkscrew 2
This Lease shall be governed by and construed in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE TENANT:
DATED:
ATTEST:
BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk FRED W. COYLE, Chairman
AS TO OWNER:
DATED:
WITNESS (signature)
(print name)
WITNESS (signature)
(print name)
Appr d as to 7 ad legal sufficiency:
.seistan# County Attorney
zLep
SBA TOWERS II LLC, a Florida limited liability company
BY:
Jason Silberstein
Senior Vice President, Property Management
ANTSITE 6- 18-08 6 Tenant Initials: Owner Initials: S B A
March 11, 2011
Packet Page -1263-
F"
hi
Site ID: FL13632 -A -06
Site Name: Immokalee Il
ADDENDUM TO ANTENNA SITE AGREEMENT
1/10/2012 Item 16.E.2.
Tenant Site ID:
Tenant Site Name: Corkscrew 2
This addendum is annexed to and forms a part of a certain Antenna Site Agreement (the "Agreement ") dated
( "Tenant "). 2011 by and between SBA TOWERS 11 LLC ( "Owner ") and COLLIER COUNTY
IN THE EVENT THAT ANY OF THE TERMS AND CONDITIONS HEREINAFTER SET FORTH CONFLICT WITH
THE TERMS AND CONDITIONS OF THE AGREEMENT TO WHICH IT IS ANNEXED, THE TERMS AND
CONDITIONS OF THIS ADDENDUM SHALL GOVERN AND BE DEEMED TO AMEND CONFLICTING
PROVISIONS OF SAID AGREEMENT. AS USED IN THIS ADDENDUM, ALL CAPITALIZED TERMS SHALL HAVE
THE SAME DEFINITION AS IN THE AGREEMENT TO WHICH IT REFERS EXCEPT TO THE EXTENT SUCH
DEFINITIONS ARE HEREIN AMENDED.
Owner and Tenant hereby agree to the following additional or amended terms and conditions:
1. Owner and Tenant acknowledge that Owner shall perform or have performed a structural analysis on
the tower with respect to Tenant's installation of its Equipment as stated in Exhibit B of the
Agreement.
2. Tenant agrees that it shall be solely responsible for all costs associated with the structural analysis
and foundation study if deemed necessary.
3. In the event the tower or foundation shall need to be reinforced prior to the installation of Tenant's
Equipment, all modifications and /or reinforcement of or other work on the tower, foundation and the
installation of Tenant's Equipment on the tower will be at Tenant's sole cost and expense and
performed by Owner or one of its affiliates or subsidiaries.
4. Owner shall perform or have performed all such work in accordance with the structural analysis,
Except as amended by the Addendum to the Agreement, the terms and conditions of the Agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth above.
AS TO THE TENANT:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
AS TO OWNER:
DATED:
WITNESS (signature)
(print name)
WITNESS (signature)
(print name)
Appr ved to f 7d l�al sufficiency:
Aseetar t•County Attorney
ANTSITE (i' 16-08
March 11, 2011
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
SBA TOWERS II LLC, a Florida limited liability company
BY:
Jason Silberstein
Senior Vice President, Property Management
Packet Page -1264-
Tenant Initials: Owner Initials [SBAWJ
Site ID: FL13632 -A -06
Site Name: Immokalee II
Site located at:
Legal Description:
1/10/2012 Item 16.E.2.
Tenant Site ID:
Tenant Site Name: Corkscrew 2
EXHIBIT A
SITE DESCRIPTION
19665 Immokalee Road, situated in the City of Immokalee,
County of Collier, State of Florida 34142
PARENT PARCEL
(OFFICIAL RECORD BOOK 1893, PAGE 471)
THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 24. 'TOWNSHIP 47. RANf+E 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA
LEASE AREA
(PREPARED BY THIS OFFICE)
That part of the East 1/2 of the southwest 1/4 of the southwest 1/4 of the southeast 1/4 of Section 24,
Township 47 South. Range 27 East. beslg more particularly described as foil
Commence at the northeast corny of the ���E� 1/4 of the southwest 1/4 of the southeast
1/4 of Section 24, Township 47 South. li ttwn- de:S ` 0' E along the east tine of said
east 1/2 for 146.01 feet to an Intersea a Ilne that it per the north line of said most 1/2 and
the southerly right of way 16" of an u n rood; thence S a9'31' W sold parallel line for
116.15 feet to an intersection with a ' s Ns list h t Sao line the Point of Beginning:
thence 'S 00'41'20* E along sold par et .00 st Inter 1 with a line that is
parallel with said north dins and sa a 1'te' W along said
Parallel line for 100.00 feet to on ten th out line; thence N
0f!'41'20' W along sold parallel line f tar t t th o that is parallel with
said north ►ins and sold southerly ri . t MI E said poratiel line for
100.00 toot to sold Point of Boon
Containing 0.23 acres, more or loss
TOOE7rV WITH a 20 toot wide s000m gross. egress and p ties. over. under and across
that part of the southeast 1/4 of $ect , ship 47 Sou 27 East. lying within 10 toot of both
sides of a centerline doing mare part
Commence at the northeast corner of the, fast 1 It 1/4 of the southwest 1/4 of the southeast
1/4 of Section 24, Township 47 South. Range 27 East- themes S O 41'20" E along the east line of said
cost 1/2 for 141.06 feet to an intersection with a Ike that is parosell with the north line of sold east 1/2 and
the southerly tight of way line of an unnaned road; . thence S 0'311e' W along said parallei line for
209.15 feet to an intersection with a line that is parallel with sold east pns and the paint of 6ginning of the
herein described centerlins; thence N 0041'20' W along said parallel line for 115.01 feet to an intersection
with saf4 north tint and sold southerly right of way tine and the Point of Terminus of the herein
described'- conterlie e.
Containing 0.05 acres, more or less.
TAX PARCEL. NO. 472724- 018.0002C24
Latitude: 260 22' 4.10" Longitude: -810 34' 10.30"
ANTSITE 6 -18 -08
March 11, 2011
8
Packet Page -1265-
Tenant Initials: _ Owner Initial syr =! 5 B A
Site ID: FI-13632 -A -06
Site Name: Immokalee II
1/10/2012 Item 16.E.2.
Tenant Site ID:
Tenant Site Name: Corkscrew 2
ANTSITE 6-18 -08 9 Tenant Initials: Owner Initials a
March 11, 2011
Packet Page -1266-
EXHIBIT B
ANTENNA AND EQUIPMENT LIST
Equipment must be installed, routed and stacked pursuant to the FDH Structural Analysis.
Antenna(s):
Quantity:
One (1)
Type:
Omni
Manufacturer:
Andrew
Model:
DB809KE -XT
Dimensions:
147" x 3"
Weight:
27 lbs.
Mounting:
Base of the antenna:
At approximately the 262' height level
Centerline of the antenna:
At approximately the 268' height level
Tip of the antenna:
At approximately the 274' height level
Orientation:
_° _° & _°
Downtilt:
_°
Mount Type:
Per Structural Analysis
Cable:
Number of Lines:
One (1)
Type:
LDF5
Size:
7/8"
Routing:
Face of tower, unless otherwise depicted in the Structural Analysis
Dish:
N/A
GPS Receiver:
N/A
Ground Space Requirements:
Approximately 6.25 square feet
Tenant provided Shelter:
Dimensions:
30" x 30"
Type Shelter:
Pad
Transmitter:
N/A
Transmitter Cabinet:
N/A
Frequencies:
Transmit: N/A
Receive: 806 — 821 MHz
ERP:
Transmitter Operating Power:
Generator:
N/A
ANTSITE 6-18 -08 9 Tenant Initials: Owner Initials a
March 11, 2011
Packet Page -1266-
Site ID: FL13632 -A -06
Site Name: Immokalee 11
1/10/2012 Item 16.E.2.
Tenant Site ID:
Tenant Site Name: Corkscrew 2
EXHIBIT D
MINIMUM SITE INSTALLATION, OCCUPANCY AND MAINTENANCE REQUIREMENTS AND
SPECIFICATIONS
Pre - Installation Standards
1. Prior to installation, Tenant must provide Owner with complete plans for approval, including list of proposed
Equipment and subcontractors. No work may be performed until approval has been given and all criteria have
been met. All Equipment must be placed in approved locations only, and Owner must approve any changes
before the installation begins. The Owner or its representative shall have the right to be on site during any work
on the Site. Owner to provide price quote for installation services based on Tenant's scope of work.
Installation
(a) The following minimum protective devices must be properly installed:
(1) Lightning arrestors in feedline at wall feedthru ports (SBA multi - tenant buildings). (PCS providers
install jumpers to extend /connect to cabinet like enclosures).
(2) Surge protectors in any AC & phone line circuit.
(3) Transmitter RF shielding. (Must be in place during operation)
(4) Isolator /harmonic filter. (Must be in place during operation)
(5) Duplexer or cavity bandpass filter. (Must be in place during operation)
(b) All Equipment, including transmitters, duplexers, isolators and multicouplers, must be housed in a metal
cabinet or rack mounted. No control stations or inverted transmit/receive frequency pairs are allowed on
repeater sites.
(c) All transmission lines entering the shelter must be 1/2" HeliaxANellflex or better via a wall feedthru plate
and must terminate in a properly installed lightning arrestor with an ID tag on both ends of the Fine.
(d) Solid outer shield cable such as Superflex or Heliax/Wellflex must be used for all intercabling outside the
cabinet. Under no circumstances will the use of foil shielded or braided RF cable (e.g; RGB) be permitted
outside the cabinet except for RG-6 quad shield cable installed on satellite receive only systems.
(e) All antenna, power and phone cables will be routed and properly supported to the base station in a neat
manner using routes provided for that purpose. Tenant will provide individual Transient (SAD) surge
protection to each circuit used. All phone lines will have (SAD) transient surge protection installed. All
wiring and installation will be by means of clamping or strapping and in no event will any members or
other parts of the tower be drilled, welded, punched or otherwise mutilated or altered.
(f) All Tenants are to obtain power from the power panel and/or AC receptacle provided for their specific use.
(g) All outside RF equipment cabinets must be grounded to the Site ground system using #2 solid tinned wire
with cadweld, silver solder connections, or 2 hole lugs with Burndy type compression fittings. All inside RF
equipment cabinets must be grounded to the Site ground system using #2, or #6 green jacketed stranded
wire with silver solder connections, or 2 hole lugs with Burndy type compression fittings.
(h) All antenna lines will be electrically bonded to the tower at the antenna and at the bottom of the tower
using grounding kits installed per manufacturer specifications and all antenna brackets must be pre -
approved. All antenna lines entering the Site will have COAX center pin lightning protection installed
within two feet from the entry port and grounded to master ground bar in the Site ground system.
(i) All equipment cabinets will be identified with a typed label under plastic on which the Tenant's name,
address, 24 hour phone number, call sign, and frequencies will be inscribed, in addition to a copy of
Tenant's FCC license.
(j) Monitor speakers will be disabled except when maintenance. is being performed. All antenna lines will be
tagged within 12 inches of the termination of the feeder cable at both ends, at the entrance to the
building, at repeater or base station cabinet, and at the muliicoupler /combiner ports.
(k) All ferrous metals located outside of the building or on the tower will be either stainless steel or hot dipped
galvanized, not plated. Painted towers will require the painting of feedlines by the Tenant, unless
installed by Owner, prior to or before completion of the install. All transmission lines are to be secured
with factory hoist grips every 150' and secured to the tower or cable ladder with stainless steel and /or hot
dipped galvanized hardware. Plastic wraps and /or bandit type hangers will not be accepted.
ANTSITE 6- 18-08 13 Tenant Initials: Owner Initials: SBA
March 11, 2011 —
Packet Page -1267-
Site ID: FL13632 -A -06
Site Name: Immokalee II
General
1/10/2012 Item 16.E.2.
Tenant Site ID:
Tenant Site Name: Corkscrew 2
3. Tenant must comply with any applicable instructions regarding any Site security system.
(a) Gates will remain closed at all times unless entering or exiting the premises. When leaving the shelter,
ensure that all doors are locked and, if there is a security system, it is armed.
(b) Any tower elevator may be used only after receiving proper instruction on its use, signing a waiver and
receiving authorization from the Owner.
(c) This Agreement does not guarantee parking space. If space is available, park only in the designated
areas. Do not park so as to block any ingress or egress except as may be necessary to load or unload
equipment. Parking is for temporary use while working at the Site.
(d) Do not adjust or tamper with thermostats or HVAC systems.
(e) Access to the shelter roof is restricted to authorized maintenance personnel.
ANTSITE 6 -18 -08 14 Tenant Initials: _ Owner Initials: SBA
March 11. 2011
IM
Packet Page -1268-
1/10/2012 Item 16.E.2.
I Q (p & 5 s r, r, u 1LA Le C Z a a, c(.
Packet Page -1269-
http:A maps. collierappraiser.com/ output /C„....,x_", ._.,,.- w--1.56718414583.jpg 12/9/2011