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Backup Documents 09/25-26/2012 Item #16E 1ORIGINAL DOCUMENTS CHECKLIST & ROUTING SI 16 E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be, hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. if the document is already complete with the exception of the Chairman's sip-nature, draw a line throu routing lines #I through #4 com lete the checklist and f d t S F'I # Rpute to Addressee(s) (List in routing order Office orwar o ue i son Initials tine 5). Date 1. appropriate, Agenda Item Number Applicable) 2. Original document has been signed/initialed for legal sufficiency. (All documents to be 3. /i L, ' ( rte` Number of Original 4. by the Office of the County Attorney. This includes signature pages from ordinances, Documents Attached 5. -Tan Mitchell, BCC Office Supervisor Board of County Commissioners 10 /I ( ('L 6. Minutes and Records Clerk of Court's Office �(r tAt 112- PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the, primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Stan Contact % /� (� (� Phone Number % Agenda Date Item was appropriate, Agenda Item Number Applicable) Approved by the BCC Original document has been signed/initialed for legal sufficiency. (All documents to be Type of Document Attached /i L, ' ( rte` Number of Original by the Office of the County Attorney. This includes signature pages from ordinances, Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate, (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County - Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. W 5. - In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Bea arf of your deadlines! 6. The document was approved by the BCC on I / (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 16E1 MEMORANDUM Date: October 15, 2012 To: Michael Dowling, Property Acquisition Specialist Facilities Management Department From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Antenna Site Agreement Amendment with SBA Towers II, LLC for tower space for the County's SafePoint System Attached for further processing is the original document referenced above (Item #16E1), approved by the Board of County Commissioners on Tuesday, September 25, 2012. After forwarding on for signature, please return a fully executed copy to the Minutes & Records Department for the Board's Official Record. If you have any questions, please contact me at 252 -8406. Thank you. Attachment Site ID: FL13632 -A -06 16 Site Name: Immokalee If Tenant Site ID: Tenant Site Name: Corkscrew 2 AMENDMENT TO ANTENNA SITE AGREEMENT THIS AMENDMENT TO ANTENNA SITE AGREEMENT (hereinafter "Amendment ") is made as of the "o day of 2012, by and between SBA TOWERS II LLC, a Florida limited liability company (hereinafter "Ow er") 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: 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 provided 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.I 1 June 6, 2012 SBA 16E1 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 the presence of: Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH OWNER: SBA TOWERS II LLC, a Florida limited liability company Name: Jason Silberstein Title: Senior Vice President, Property Management Date: 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 it 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 Company. WITNESS MY HAND and Notarial Seal on this of TENANT: COLLIER COUNTY, a political subdivision of the State of Florida DATED: / 0 - / Z ATTEST: DWIGHT E. BROCK, Clerk BY: Q^ p • C . -4; 09puty'Cfej:2 IL IMP e: Approved 6s,tg;#orrn jbd legal sufficiency: Jennifer B. hite, Assistant County Attorney Notary Public BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: W FRED W. COYLE, Chairma Item # e-`-, Agen -96 _` Date Recd 1b 12-t2 2012. Other Amend.1 2 June 6, 2012 Clerk SBA eDU