Agenda 09/25/2012 Item #16E1 9/25/2012 Item 16.E..1 .
EXECUTIVE SUMMARY
Recommendation to approve an Amendment to Antenna Site Agreement with SBA Towers II,
LLC, related to the communications tower Agreement for the County's SafePoint Location
System, a component of the County's 800 MHz public safety radio network, at a first year's
estimated utility cost of$540.
OBJECTIVE: To amend the Antenna Site Agreement with SBA Towers II, LLC, (`Landlord') to allow the
County to connect to the Landlord's utility service and pay an increased rent of$45 per month to cover utilities.
CONSIDERATIONS: On January 10, 2012, Agenda Item No. 16 E 2, the Board of County Commissioners
(Board)approved the Antenna Site Agreement('Agreement') between the County and Landlord. On January 10,
2012, Agenda Item No. 16 E. 2., the Board approved an Addendum to Antenna Site Agreement. These
documents allow the County to lease tower antenna space, ground space for placement of a pad or shelter for
its telecommunications service system facility and have reasonable access thereto.
Paragraph 13 of the Agreement requires the County to pay for all utilities used by it and to install its own
electrical meter. The cost to install an electrical meter is in excess of $15,000. The Landlord has offered to
revise the Agreement to allow the County to connect to the Landlord's utility service and pay an increased rent
of$45 per month to cover utilities. Paragraph 13 further provides that rent may be increased from time to time,
by amounts equal to the County's proportionate share of any increases in cost of utilities. The Landlord shall
provide the County with documentation to support any increases in electrical consumption over the
aforementioned allotment. Staff believes that this increased monthly amount is reasonable. The County would
save the meter installation cost.
Accordingly, Paragraph 3, entitled "Rent" and Paragraph 13, entitled "Utilities" of the Agreement are proposed to
be amended to reflect the proposed arrangement.
The current rent for the County's use of the tower is $650 per month. The proposed amendment will raise the
rent to $695 per month. All other terms and provisions contained in the original Agreement would remain the
same.
The attached Amendment has been reviewed by the Information Technology Department and by the Office of
the County Attorney for legal sufficiency.
FISCAL IMPACT: The annual estimated rent increase for utilities of$540, which shall be paid in equal monthly
installments of$45 each, and any monthly overage charges, shall be paid from the 800MHz Inter-Governmental
Communications Program account number 188-140480-644600.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: The attached Amendment to Antenna Site Agreement is legally sufficient and
requires a majority vote for Board action. —JBW
RECOMMENDATION: That the Board of County Commissioners approves and authorizes its Chairman to
execute the attached Amendment to Antenna Site Agreement with SBA Towers II, LLC.
PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Property Management, Facilities
Management Department
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9/25/2012 Item 16.E.1 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.1.
Item Summary: Recommendation to approve an Amendment to Antenna Site Agreement
with SBA Towers II, LLC, related to the communications tower Agreement for the County's
SafePoint Location System, a component of the County's 800 MHz public safety radio network,
at a first year's estimated utility cost of$540.
Meeting Date: 9/25/2012
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities
8/24/2012 3:23:40 PM
Submitted by
Title: Property Management Specialist, Senior,Facilities
Name: DowlingMichael
8/24/2012 3:23:43 PM
Approved By
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 8/27/2012 4:26:08 PM
Name: MottToni
Title: Manager-Property Acquisition&Const M,Facilitie
Date: 8/27/2012 4:40:18 PM
Name: DalyJohn
Date: 8/28/2012 7:57:30 AM
Name: CampSkip
Title: Director-Facilities Management,Facilities Manage
Date: 8/28/2012 10:48:23 AM
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9/25/2012 Item 16.E.1 .
Name: PriceLen
Title: Administrator, Administrative Services
Date: 8/30/2012 10:31:05 AM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 9/14/2012 9:24:10 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/14/2012 10:27:20 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 9/17/2012 11:39:25 AM
Name: OchsLeo
Title: County Manager
Date: 9/17/2012 1:38:32 PM
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9/25/2012 Item 16.E.1 .
Site ID: FL13632-A-06 Tenant Site ID:
Site Name: Immokalee II Tenant Site Name: Corkscrew 2
AMENDMENT TO ANTENNA SITE AGREEMENT
THIS AMENDMENT TO ANTENNA SITE AGREEMENT (hereinafter"Amendment") is made as
of the day of , 2012, by and between SBA TOWERS II LLC, a Florida limited
liability company (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of
Florida (hereinafter"Tenant").
WHEREAS, Owner. and Tenant entered into an Antenna Site Agreement dated January 30, 2012
(the "Agreement") pursuant to which Tenant leases a portion of the tower site located at 19665
Immokalee Road, Immokalee, FL 34142; and
WHEREAS, Owner and Tenant desire and intend to amend and supplement the Agreement as
provided herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto covenant, agree and bind themselves to the following
modifications to the Agreement:
1. Section 3 of the Agreement is hereby amended to increase Tenant's Rent as follows:
The current monthly Rent shall be increased by Forty-Five and No/100 Dollars ($45.00)effective the date
this Amendment is last executed by both parties, partial month to be prorated. Upon the anniversary and
all future anniversaries of the Commencement Date, Rent, including any and all Rent increases, will be
escalated in accordance with the Agreement.
In addition, Section 3 of the Agreement is hereby amended to include the following:
The monthly rental amount shall be inclusive of electricity up to Forty-Five and no/100 Dollars ($45.00)
per month. If Tenant's electrical usage exceeds $45.00 per month, Tenant shall be responsible for
payment of the portion of electrical consumption over the $45.00 allotted. Owner will provide Tenant with
such documentation that supports increased consumption as attributable directly to Tenant.
2. Section 13 of the Agreement is hereby deleted in its entirety and replaced with the following:
13. Utilities. Charges for the cost of electric energy used at the Site are included with the
rent and may be increased from time to time, by amounts equal to Tenant's proportionate share of any
increases in costs of electric. Tenant will be responsible directly to the appropriate utility companies for
all other 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.
3. Capitalized terms not defined in this Amendment will have the meaning ascribed to such terms in
the Agreement.
4. This Amendment will be governed by and construed and enforced in accordance with the laws of
the state in which the Site is located without regard to principles of conflicts of law.
5. Except as specifically set forth in this Amendment, the Agreement is otherwise unmodified and
remains in full force and effect and is hereby ratified and reaffirmed. In the event of any inconsistencies
between the Agreement and this Amendment, the terms of this Amendment shall take precedence.
Other Amend.1 1
June6,2012 SBA
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a
9/25/2012 Item 16.E.1 .
Site ID: FL13632-A-06 Tenant Site ID:
Site Name: Immokalee II Tenant Site Name: Corkscrew 2
6. This Amendment shall be effective as of the date last executed by both parties.
IN WITNESS WHEREOF, Owner and Tenant have executed this Amendment to Antenna Site
Agreement as of the date and year first above written.
Signed and acknowledged in OWNER: SBA TOWERS II LLC,
the presence of: a Florida limited liability company
Name: Jason Silberstein
Print Name: Title: Senior Vice President,Property Management
Date:
Print Name:
STATE OF FLORIDA }
}
COUNTY OF PALM BEACH }
BEFORE ME, a Notary Public of the aforesaid State and County, personally appeared Jason Silberstein,
to me personally known (or proved by sufficient evidence)who, being by me duly sworn (or affirmed)did
say that he is the Senior Vice President, Property Management of SBA Towers II LLC, a Florida limited
liability company, described herein and that the instrument was signed on behalf of the Company, by
authority of the Company and that she acknowledged this instrument to be the free act and deed of the Asirot
Company.
WITNESS MY HAND and Notarial Seal on this of , 2012.
Notary Public
TENANT: COLLIER COUNTY,
a political subdivision of the State of Florida
DATED:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA
ATTEST:
DWIGHT E. BROCK, Clerk
BY: BY:
Deputy Clerk FRED W. COYLE, Chairman
Approved as to form and legal sufficiency:
Jennifer .White,Assistant County Attorney
Other Amend.1 2
June 6,2012 SBA'x)}'
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9/25/2012 Item 16.E.1.
Site ID: FL13632-A-06 Tenant Site ID:
Site Name: Immokalee II Tenant Site Name: Corkscrew 2
ANTENNA SITE AGREEMENT
1. Premises and Use. SBA TOWERS II LLC, a 4. Security Deposit. Intentionally omitted.
Florida limited liability company ("Owner") leases to 5. Title and Quiet Possession. Owner represents
COLLIER COUNTY, a political subdivision of the and agrees (a) that it is in possession of the Site as
State of Florida, whose mailing address is 3299 East lessee under a ground lease ("Ground Lease");
Tamiami Trail, Suite 303, Naples, Florida 34112 (b) that if applicable, upon request from Tenant,
("Tenant"), the site described below: Tower antenna Owner will provide to Tenant a copy of the Ground
space; Ground space for placement of Pad or Shelter Lease with financial and other confidential terms
("Shelter") for Tenants base station equipment redacted; (c) that it has the right to enter into this
consisting of approximately 6.25 square feet; and Agreement; (d) that the person signing this
space required for Tenant's cable ladders, cable runs Agreement has the authority to sign; and (e) that
and cable bridges to connect telecommunications Tenant is entitled to the quiet possession of the Site
equipment and antennas, in the location shown on subject to zoning and other requirements imposed by
Exhibit A,together with a non-exclusive easement for governmental authorities, any easements,
reasonable access thereto and to the appropriate, in restrictions, or encumbrances of record throughout
the discretion of Tenant, source of electric and the Initial Term and each Renewal Term so long as
telephone facilities (collectively, the "Site"). The Site Tenant is not in default beyond the expiration of any
will be used by Tenant for the purpose of installing, cure period. Notwithstanding anything to the contrary
removing, replacing, modifying, maintaining and contained in this Agreement, if the Site is subject to a
operating, at its expense, a telecommunications Ground Lease, either party may terminate this
service system facility consisting of the antenna(s) Agreement without further liability upon the
and related equipment set forth on Exhibit B (the termination or expiration of Owner's right to
"Equipment"). If Tenant desires to place equipment possession of the Site under the Ground Lease.
on the Site in addition to that listed on Exhibit B, Owner will not do, attempt, permit or suffer anything
Owner and Tenant will negotiate the placement of the to be done which could be construed to be a violation
additional equipment and the associated increased of the Ground Lease. This Agreement is subordinate
rent. The placement of substitution equipment in to any mortgage or deed of trust now of record
accordance with Section 9 shall not constitute against the Site. Promptly after this Agreement is
additional equipment unless the same shall utilize fully executed, if requested by Tenant, Owner will
additional space or capacity. Tenant will use the Site request the holder of any such mortgage or deed of
in a manner which will not unreasonably disturb the trust to execute a non-disturbance agreement in a
occupancy of Owner's other tenants. form provided by Tenant, and Owner will cooperate
2. Term. The"Initial Term"of this Agreement shall with Tenant at Tenant's sole expense toward such an
be five (5) years beginning on the date set forth end to the extent that such cooperation does not
below ("Commencement Date") and terminating on cause Owner additional financial liability. Tenant will
the fifth anniversary of the Commencement Date. not, directly or indirectly, on behalf of itself or any
This Agreement will automatically renew for four (4) third party, communicate, negotiate, and/or contract
additional terms (each a "Renewal Term") of five (5) with the lessor of the Ground Lease, unless Owner's
years each, unless either party provides notice to the rights under the Ground Lease have been
other of its intention not to renew not less than one terminated.
hundred and twenty(120)days prior to the expiration 6. Assignment/Subletting. Tenant may not assign
of the Initial Term or any Renewal Term. or transfer this Agreement without the prior written
COMMENCEMENT DATE: The earlier of the date consent of Owner, which consent will not be
Tenant begins installation of its Equipment at the Site unreasonably withheld, delayed or conditioned.
or December 1,2011. However, Tenant may assign without the Owner's
3. Rent. Beginning on the Commencement Date prior written consent to any party controlling,
rent will be paid in equal monthly installments of Six controlled by or under common control with Tenant
Hundred Fifty and no/100 Dollars ($650.00) ("Rent"), provided that the assuming party has comparable
in advance, due on the first day of each month, credit quality to that of Tenant. Tenant may not
partial months to be prorated on a thirty (30) day sublease this Agreement. In no event will Tenant be
month. Rent will be increased annually on the relieved of any obligations or liability hereunder.
anniversary of the Commencement Date (during the 7, Access and Security. Tenant will have the
Initial and all Renewal Terms)by 3.5%of the monthly reasonable right of access to the Tower where its
rate in effect for the prior year. This Agreement shall Equipment is located; provided that Tenant must give
be effective on the date last executed by the parties. Owner forty-eight (48) hours prior notice. Tenant will
ANTSITE 6-18-08 1 Tenant Initials:-finer initials.+- ,-i SBA, , ti
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• Site ID: FL13632-A-06 Tenant Site ID:
Site Name: Immokalee 0 Tenant Site Name: Corkscrew 2
have unrestricted access twenty-four (24) hours a accordance with Owner's policies set forth in Exhibit
day seven (7) days a week to its Pad or Shelter. In D. Owner reserves the right to prohibit operation of
the event of an emergency situation which poses an any Equipment it reasonably deems to be improperly -
immediate threat of substantial harm or damage to installed, unsafe or not included in the installation
persons and/or property (including the continued design plan. Owner agrees to cooperate with
operations of Tenant's telecommunications Tenant's reasonable requests, at Tenant's expense,
equipment) which requires entry on the Tower, with respect to obtaining any required zoning
Tenant may enter same and take the actions that are approvals for the Site and any improvements. Upon
required to protect individuals or personal property termination or expiration of this Agreement, Tenant
from the immediate threat of substantial harm or shall remove its Equipment and improvements and
damage; provided that promptly after the emergency will restore the Site to the condition existing on the
entry and in no event later than twenty-four (24) Commencement Date, except for ordinary wear and
hours, Tenant gives telephonic and written notice to tear and insured casualty loss. If Tenant fails to
Owner of Tenant's entry onto the Site. remove its Equipment as specified in the preceding
8. Notices. All notices must be in writing and are sentence, Tenant's Equipment will be subject to
effective when deposited in the U.S. mail, certified disconnection, removal, and disposal by Owner. If
and postage prepaid, or when sent via overnight Tenant's Equipment remains on the Site after the
delivery, to the address set forth below, or as termination or expiration date (even if it has been
otherwise provided by law. 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
Tenant: Board of County Commissioners date of termination to the date the Equipment is
d o Real Estate Services Department removed from the Site. Owner will have the right (but
3335 Tamiami Trail East, Suite 101 not the obligation) to disconnect and remove
Naples, FL 34112-5356 Equipment from the Site. If, after the termination
date, Owner disconnects and removes Equipment,
Copy to: Telecommunications Manager Tenant will pay to Owner upon demand three
Owner: SBA Towers!! LLC hundred percent (300%) of the disconnection,
removal and storage expenses incurred by or on
5900 Broken Sound Parkway N.W. behalf of Owner. If the Equipment is not reclaimed
2"d Floar by Tenant within forty-five (45) days of its removal
Boca Raton,FL 33487-2797 from the Site, Owner has the right to sell the --
Attn: Site Administration Equipment and deduct therefrom any amounts due
RE: FL13632-A-06/lmmokalee II under this Agreement, returning the remainder to
Tenant. Upon written notice by Owner to Tenant not
Rental less than five (5) business days beforehand, unless
Payments: SBA Towers II LLC such notice can not reasonably be provided in which
P.O. Box 933730 event Owner will give Tenant the earliest possible
Atlanta, GA 31193-3730 reasonable notice, Tenant will cooperate with Owner
Attn: Accounts Receivable in rescheduling its transmitting activities, reducing
RE: FL13632-A-06/lmmokalee II power, or interrupting its activities for limited periods
of time in the event of an emergency or in order to
9. Installation and Improvements. Prior to permit the safe installation of new equipment or new
installing or allowing any Equipment to be installed at facilities at the Site or to permit repair to facilities of
the Site or making any changes, modifications or any user of the Site or to the related facilities.
alterations to such Equipment, Tenant, at its 10. Compliance with Laws. Tenant agrees to take
expense, will obtain all required approvals and will the Site in strictly"as is"condition. Owner represents
submit to Owner plans, specifications and proposed that the Site, its property contiguous thereto, and all
dates of the planned installation or other activity, for improvements located thereon, are in substantial
Owner's approval which approval will not be compliance with building, life/safety, disability and
unreasonably withheld, including, if requested by other laws, codes and regulations of applicable
Owner, a tower loading study and/or an governmental authorities. Tenant will substantially
intermodulation study performed and certified by an comply with all applicable laws relating to its
independent licensed professional engineer. The possession and use of the Site and its Equipment.
approved plans will be deemed incorporated into this Upon request by Owner, Tenant will produce
Agreement. All installation of or other work on satisfactory evidence that all Equipment installed at
Tenant's Equipment on the Tower will be at Tenant's the Site complies with federal regulations pertaining
sole expense and performed by Owner or one of its to radio-frequency radiation standards and is licensed
affiliates or subsidiaries. All installations, operation with the FCC, if applicable. Owner accepts
and maintenance of Equipment must be in
ANTSITE 6-18-08 2 Tenant initials: Owner Initials; -" SBA J
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Site ID: FL13632-A-06 Tenant Site ID:
Site Name: immokalee Ii Tenant Site Name: Corkscrew 2
responsibility for the Site's compliance with all tower including the addition of any equipment at a future
or building marking and lighting regulations date, interference to Owner or other tenants that
promulgated by the Federal Aviation Administration have previously commenced rental payments. Tenant
"FAA" or the Federal Communications Commission shall provide Owner with a list of frequencies to be
"FCC,"as applicable. Owner represents and warrants used at the Site prior to putting said frequencies into
that the Site complies with all applicable tower or operation. If interference occurs which involves
building marking or lighting regulations promulgated Tenant, Owner may require that an intermodulation
by the FAA or the FCC. Owner agrees that Tenant study be conducted at Tenant's cost. If Owner
may install, at Tenant's sole cost and expense as determines that the interference is the responsibility
required for Tenant's Equipment, a tower lighting of Tenant, Owner will notify Tenant and Tenant shall
alarm monitoring system(including, but not limited to, have five (5) business days from date of notice to
commercial power and a dedicated surveillance correct the interference and if not corrected, Tenant
telephone line) to monitor the status of the shall cease, and Owner shall have all rights to any
tower/building lighting. Owner shall be solely legal means necessary including injunctive relief and
responsible for reporting any lighting outages or self help remedies to cause Tenant to cease
malfunctions to the appropriate governmental transmission, except for intermittent testing for the
authorities. Tenant's installation of such purpose of correcting the interference. If interference
tower/building lighting alarm monitoring system will cannot be corrected within sixty (60) calendar days
not relieve Owner of its primary responsibility for from Tenant's receipt of Owner's notice, then Owner
compliance with all applicable tower or building may terminate this Agreement without further
marking and lighting requirements. If Tenant installs obligations to Tenant. Further, if Owner determines
a temporary generator as described above or that another tenant at the Site is causing interference
contracts with Owner to place a permanent generator to Tenant and the interference is not corrected within
at the Site, (i) Owner and Tenant acknowledge that sixty(60)days from Owner's determination,and such
Tenant must comply with all applicable laws and interference precludes Tenant from using the Site for
regulations concerning the installation, operation, its intended purpose, Tenant may terminate this
maintenance and removal of Tenant's generator Agreement. Owner will require substantially similar
and/or back up power supply including but not limited interference language as outlined in this paragraph in
to obtaining any and all necessary government all future Tenant Agreements related to this Site.
approvals and permits, and (ii) Tenant agrees to 13. Utilities. Tenant will pay for all utilities used by it
indemnify, defend and hold harmless Owner for any at the Site and Tenant will install its own electric
and all costs, claims, administrative orders, causes of meter. Tenant will be responsible directly to the
action, fines and penalties which arise out of the appropriate utility companies for all utilities required
installation, operation, maintenance and removal of for Tenant's use of the Site. However, Owner agrees
the generator and or back.up power supply used to cooperate with Tenant, at Tenant's expense, in its
solely by Tenant, and (iii) Upon request of Owner, efforts to obtain utilities from any location provided by
Tenant agrees to provide Owner with all relevant the Owner or the servicing utility. Temporary
information concerning the Tenant's generator and/or interruption in the power provided by the facilities will
back up power supply necessary for Owner to comply not render Owner liable in any respect for damages
with any reporting obligations for which Owner, but to either person or property nor relieve Tenant from
not Tenant, is responsible as a result of statute or fulfillment of any covenant or agreement hereof. If
regulation. any of Tenant's communications Equipment fails
11. Insurance. Tenant will procure and maintain a because of loss of any electrical power, and the
public liability policy, with limits of not less than restoration of the electrical power is within the
$1,000,000 for bodily injury, $1,000,000 for property reasonable control of Owner, Owner will use
damage, $2,000,000 aggregate, which minimum reasonable diligence to restore the electrical power
Owner may require adjusting at each renewal term, promptly, but will have no claim for damages on
with a certificate of insurance to be furnished to account of an interruption in electrical service
Owner within thirty (30) days of execution of this occasioned thereby or resulting therefrom.
Agreement and prior to performing any work. Such 14. Relocation Right. If determined necessary by
policy will provide that cancellation will not occur Owner to relocate the tower, Owner will have the
without at least fifteen(15)days prior written notice to right to relocate the telecommunications facility of
Owner. Tenant will cause Owner to be named as an Tenant, or any part thereof, to an alternate tower
additional insured on such policy. location ("Relocation Site") on Owner's property;
12. Interference. Tenant understands that it is the provided, however, that such relocation will (i) be at
intent of Owner to accommodate as many users as Tenant's sole cost and expense, (ii) not unreasonably
possible and that Owner may rent space to any other result in any interruption of the communications
entity or person(s) desiring its facilities. Tenant shall service provided by Tenant on Owner's property, and
not cause, by its transmitter or other activities, (iii) not impair, or in any manner alter, the quality of
ANTSITE 6-18-08 3 Tenant Initials:4:;Owner Initials: '1 S B A
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Site ID: FL13632-A-06 Tenant Site ID:
Site Name: Immokalee II Tenant Site Name: Corkscrew 2
communications service provided by Tenant on and non-monetary default may not reasonably be cured
from Owner's property. Owner will exercise its within a thirty (30) day period, this Agreement may
relocation right by delivering written notice to Tenant. not be terminated if the defaulting party commences
In the notice, Owner will propose an alternate site on action to cure the default within such thirty (30) day
•
Owner's property to which Tenant may relocate its period and proceeds with due diligence to fully cure
Equipment. Tenant will have sixty(60) days from the the default.
date it receives the notice to evaluate Owner's 17. Taxes. Tenant shall pay all taxes, including,
proposed Relocation Site, during which period without limitation,sales, use and excise taxes, and all
Tenant will have the right to conduct tests to fees, assessments and any other cost or expense
determine the technological feasibility of the now or hereafter imposed by any government
proposed Relocation Site. Failure to respond in authority in connection with Tenant's payments to
writing within the sixty(60)day period will be deemed Owner, Tenant's Equipment or Tenant's use of the
an approval. If Tenant disapproves such Relocation Site. In addition, Tenant shall pay that portion, if any,
Site, then Owner may thereafter propose another of the personal property taxes or other taxes
Relocation Site by notice to Tenant in the manner set attributable to Tenant's Equipment. Tenant shall pay
forth above.Tenant's disapproval of a Relocation Site as additional rent any increase in real estate taxes
must be reasonable. Tenant will have a period of levied against the Site and Tenant's Equipment
ninety (90) days after completion of the Relocation attributable to the Tenant's use and occupancy of the
Site to relocate its Equipment at Tenant's expense to Site. Payment shall be made by Tenant within fifteen
the Relocation Site. Owner and Tenant hereby agree (15) days after presentation of receipted bill and/or
that the Relocation Site (including the access and assessment notice which is the basis for the demand.
utility right-of-way) may be surveyed by a licensed 18. Indemnity. To the extent permitted by law,
surveyor at the sole cost of Tenant, and such survey TENANT shall indemnify, defend and hold harmless
will then supplement Exhibit A and become a part OWNER from and against any actions, claims,
hereof. damages and costs (including reasonable attorney's .
15. Termination by Tenant. Tenant may terminate fees and costs) arising out of TENANT'S negligence
this Agreement at any time by notice to Owner or intentional misconduct in connection with the use
without further liability if(i) Owner fails to have proper and/or occupancy of the Site, including, without
possession of the Site or authority to enter into this limitation, any damage occurring outside of the Site in
Agreement; or (ii) Tenant does not obtain, after connection with Tenant's installation of its Equipment
making diligent efforts, all permits or other approvals or this Agreement. To the extent permitted by law,
(collectively, "approval") required from any OWNER shall indemnify, defend and hold harmless
governmental authority or any easements required TENANT from and against any actions, claims,
from any third party to operate the damages and costs (including reasonable attorney's
telecommunications system facility, or if any such fees and costs) arising out of OWNER'S negligence
approval is canceled, expires, is withdrawn or or intentional misconduct in connection with the use
terminated by such governmental authority or third and/or occupancy of the Site or this Agreement. The
party following Tenant's diligent efforts to maintain foregoing indemnification shall not constitute a waiver
such approval. of sovereign immunity beyond the limits set forth in
16. Default. If the Rent or other amount due Section 768.28, Florida Statutes, nor shall the same
hereunder is not paid in accordance with the terms be construed to constitute agreement by either party
hereof, Tenant will pay interest on the past due to indemnify the other party for such other party's
amounts at the lesser of(i) the rate of one and one- gross negligence or intentional misconduct. Except
half percent (1.5%) per month, or (ii) the maximum for its own acts of gross negligence or intentional
interest rate permitted by applicable law. If either misconduct, Owner will have no liability for any loss
party is in default under this Agreement for a period or damage due to personal injury or death, property
of (a) ten (10) days following receipt of notice from damage, loss of revenues due to discontinuance of
the non-defaulting party with respect to a default operations at the Site, libel or slander, or imperfect or
which may be cured solely by the payment of money, unsatisfactory communications experienced by the
or(b) thirty (30) days following receipt of notice from Tenant for any reason whatsoever.
the non-defaulting party with respect to a default 19. Hazardous Substances. Owner represents that
which may not be cured solely by the payment of it has no knowledge of any substance, chemical or
money, then, in either event, the non-defaulting party waste (collectively, "substance") on the Site that is
may pursue any remedies available to it against the identified as hazardous, toxic or dangerous in any
defaulting party under applicable law, including, but applicable federal, state or local law or regulation.
not limited to, the right to terminate this Agreement. Tenant or Owner will not introduce or use any such
Further, Owner may accelerate and declare the entire substance on the Site in violation of any applicable
unpaid Rent for the balance of the existing Term to law, or permit any discharge or release of such
be immediately due and payable forthwith. If the substance on the Site. "
ANTSITE 6-18-08 4 Tenant Initials: (Owner Initials ,-- (SBA A)j
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Site ID: FL13632-A-06 Tenant Site ID:
Site Name: Immokalee II Tenant Site Name: Corkscrew 2
20. Liens. Tenant will not permit any mechanics, laws of the State in which the Site is located; (c) If
materialman's or other liens to stand against the Site requested by Tenant, Owner agrees to promptly
for any labor or material furnished by Tenant in execute and deliver to Tenant a recordable
connection with work of any character performed on Memorandum of this Agreement in the form of Exhibit
the Site by or at the direction of the Tenant. In the C; (d) This Agreement (including the Exhibits)
event that any notice of lien will be filed or given, constitutes the entire Agreement between the parties
Tenant will, within thirty (30) days after the date of and supersedes all prior written and verbal
filing cause the same to be released or discharged by agreements, representations, promises or
either payment, deposit, or bond. Owner will be understandings between the parties, particularly
indemnified by Tenant from and against any losses, related but not limited to Tenant's equipment rights
damages, costs,expenses, fees or penalties suffered on the tower and/or at the Site. Any amendments to
or incurred by Owner on account of the filing of the this Agreement must be in writing and executed by
claim or lien. both parties; (e) If any provision of this Agreement is
21. Casualty or Condemnation. In the event of any invalid or unenforceable with respect to any party,the
damage, destruction or condemnation of the Site, or remainder of this Agreement or the application of
any part thereof, not caused by Tenant that renders such provision to persons other than those as to
the Site unusable or inoperable, Owner will have the whom it is held invalid or unenforceable, will not be
right, but not the obligation, to provide an alternate affected and each provision of this Agreement will be
location, whether on the same Site or another Site, or valid and enforceable to the fullest extent permitted
to terminate this Agreement within thirty (30) days by law; (f) The prevailing party in any action or
after the damage, destruction or condemnation. If proceeding in court or mutually agreed upon
Owner does not terminate this Agreement: (i) the arbitration proceeding to enforce the terms of this
Rent payable hereunder will be reduced or abated in Agreement is entitled to receive its reasonable
proportion to the actual reduction or abatement of attorneys' fees and other reasonable enforcement
use of the Site by Tenant; and (ii) Owner will make costs and expenses from the non-prevailing party; (g)
any necessary repairs to the Site caused by the Failure or delay on the part of Tenant or Owner to
damage or destruction and will be entitled to use any exercise any right, power, or privilege hereunder will
and all insurance proceeds to pay for any repairs. In not operate as a waiver thereof;waiver of a breach of
the event Owner has not proceeded to repair,replace any provision hereof under any circumstances will not
or rebuild the Site within sixty (60) days after the constitute a waiver of any subsequent breach of the
damage or destruction, after giving thirty (30) days provision, or of a breach of any other provision of this
written notice and Owner's failure to comply within Agreement; and (h) Tenant agrees and
that time frame, then Tenant may terminate this acknowledges that, in conjunction with other
Agreement. Owner will in no event be liable to broadcast entities which may transmit from the Site, if
Tenant for any damage to or loss of Tenant's necessary due to FCC RF emission standards and
Equipment, or loss or damage sustained by reason of upon reasonable notice, Tenant shall reduce power
any business interruption suffered by reason of any or terminate station operations to prevent possible
condemnation, act of God, by Tenant's act or overexposure of worker to RF radiation.
omission, or Tenant's violation of any of the terms, The Addendum and the following Exhibits are
covenants or conditions of this Agreement, (unless attached to and made a part of this Agreement:
caused solely by Owner's intentional misconduct or Exhibit "A" (Site Description), "B" (Antenna and
gross negligence). The terms and conditions of this Equipment List), "" •• -
Section 21 shall survive the termination of this Lease. t)• and "D" (Minimum Installation,
Owner acknowledges that Tenant may have certain Occupancy...).
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 5 Tenant Initials: Owner Initialsed SBA ga
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Site ID: FL13632-A-06 Tenant Site ID:
Site Name: Immokalee II Tenant Site Name: Corkscrew 2
AO Sikt
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: - /• /0- /Z
ATTEST:;; s $ 'a
, BOARD OF COUNTY COMMISSIONERS
DWIC311T E. BROW,Clerk r COLLIER COUNTY,FLORIDA
" &Az - , : :,::::. :
ek
•e.`" 'erk Chairman '
At e.er"}L` -SYGi yyto,y - + 'RED W. Ct?Y i
;1 natureA.VKl, V
AS TO OWNER
DATED: k' •.1.1./ SBA TOWERS II L , a Florida limited liability company
.MIi'flog" . - %,
BY:
WITNESS`) f
3r J,silberstein
(print name) Senior Vice President, Property Management
WIT S(signature)
(print name)
At\plafedff to fo ayd legal sufficiency:
Irssistarrt County Attorney
ANTSITE 6-18-08 6 Tenant Initials(i Owner initials:W SBA
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9/25/2012 Item 16.E.1 .
Site ID: FL13632-A-06 Tenant Site ID:
Site Name: Immokalee II Tenant Site Name: Corkscrew 2
ADDENDUM TO ANTENNA SITE AGREEMENT
This addendum is annexed to and forms a part of a certain Antenna Site Agreement(the"Agreement")dated
,1q 4! • , 201%. by and between SBA TOWERS II LLC ("Owner") and COLLIER COUNTY
("Tenant"). •
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: /' °%r /2
ATTESTBOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK, Clerk a COLLIER COUNTY, FLORIDA
ti ` BY , 4 rLa
r"c putk Clerk
A FRED W. COYLE, CHATRAN
WN�R>�,�; -
DAT ■• • ►• SBA TOWERS II L'LC-a Florida ' ' d-lietriiity company
Iin'!vrf.::�'. Imo
WC, S"ar! ►e
��
ei,a,. l 11Br Aver J Silberstein
(print name) Senior Vice President, Property Management
CNk
WIT S(signature)
(print name)
Appred to fo,Id legal sufficiency:
Assistant County Attorney
ANTSITE 6-16-08 7 Tenant Initials: t,Owner initialer 5BA l
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9/25/2012 Item 16.E.1 .
Site ID: FL13632-A-06 Tenant Site ID:
Site Name: Immokalee 11 Tenant Site Name: Corkscrew 2
Amok
EXHIBIT A
SITE DESCRIPTION •
Site located at: 19665 Immokalee Road, situated in the City of Immokalee,
County of Collier, State of Florida 34142
Legal Description:
PARENT PARCEL
(OFFICIAL RECORD BOOK 1503, PAGE 471)
THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 24. TOWNSHIP 47, RANGE 27, OF THE PUUBUC RECORDS OF' COWER COUNTY. FLORIDA
LEASE AREA
(PREPARED BY THIS OFFICE)
That port 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 being more particularlly^+deescribed as follows:
Commence at the northeast earner of tins 1/4 of the southwest 1/4 of the southeast
1/4 of Section 24, Township 47 South, N.I. - then w-4-00'''';' 0" E along the east the of said
east 1/2 for 146.01 feet to on inters - p a lint that Is p• the north line of said east 1/2 and
the southerly right of way line of an a., • rood: thence S 139'31' W •ong said Derail* line for
115.15 fast to an intersection with a • • s •• • d east One • • the Point of Beginning:
thence S 00'41'20' C along said par- IM $ :1.00 tt • • Inter ti• with a his that is
parallel with sold north One and sal• s _ - 5- •1'tr w along said oswillh
Doran* the for 100.00 feet to on ' titre(sl'.Yf►"y +� In th •id east line; thence N
00'41'20' W along sold parallel line or t'' •• f to • I ' a I that Is parallel with
said north line and sold southerly r - t • 4W31 -• said porauul rme for
100.00 feet to sold Point of Bsgnn • f,
Containing 0.23 acres. more or tsar. . i- d
TOGETHER WITH a 20 foot wide sawn Ora gross. egress and • i _►...d ties. over, under and across
that port of the southeast 1/4 of Seat - _ ship 47 Sou '7T'r` 27 East. lying within tO feet of both
sides of a centerline being more particular' A •
Commence at the northeast corner of the east 1 • • - heist 1/4 of the southwest 1/4 of the southeast
1/4 of Section 24, Township 47 South. Range 27 East: thence S O0'41`20" E along the east line of said
east 1/2 for 141.06 feet to an intersection with a line that Is porotlei with the north line of said east 1/2 and
the southerly right of way line of an unnamed rood::thence S 5911•15' W along sold panel* line for
206.15 feet to an Intersection with a line that is parallel with sold east line and the Point of Beginning of the
herein dseerbred centerline, thence N 00'41'20' W along said Parallel tins far 115.01 fest to an intersection
with sold north line and sold southerly right of way line and the Point of Terminus of the herein
described centerline.
Containing 0.05 acres, mare or *se.
TAX PARCEL NO. 472724-018.0002C24
Latitude: 26° 22' 4.10" Longitude: -81° 34' 10.30"
f
!'
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Site ID: FL13632-A-06 Tenant Site ID:
Site Name: Immokalee II Tenant Site Name: Corkscrew 2
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„e f- SBA 3}:
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Site ID: FL13632-A-06 Tenant Site ID:
Site Name: Immokalee II 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
2. (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 RE 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" HeliaxNVellflex 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 line.
(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 Bumdy 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 Bumdy 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 Tenants 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 multicoupler/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.
isak
ANTSITE 6-1B-08 13 Tenant Initials: 1 Owner Initials (SBA a)J
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Site Name: Immokalee II Tenant Site Name: Corkscrew 2
General
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.
14 Tenant Initials: Owner Initials:
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