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Agenda 09/11/2018 Item #16C 409/11/2018 EXECUTIVE SUMMARY Recommendation to approve a First Amendment to Ground Lease Agreement and Memorandum of Lease with the Verizon Wireless Personal Communications LP d/b/a Verizon Wireless at East Naples Community Park. OBJECTIVE: To allow Verizon Wireless LP (Verizon) continued use of County property at East Naples Community Park for the operation of a telecommunications monopole. CONSIDERATIONS: Since 1998, Verizon has leased two thousand five hundred square feet of vacant property located at East Naples Community Park (Park) for the installation and operation of a communications monopole with related ground equipment. At this time, both parties wish to extend the lease term and modify several conditions of the Lease as follows: The First Amendment to Ground Lease Agreement (Amendment) provides for the following: 1. Extend the lease terms for an additional twenty-five years if all renewal options are exercised. 2. Increase the rent to $48,000 beginning January 2018, with a Twenty Percent increase in rent on the fifth year and each renewal term thereto. 3. Provide the County with a one-time cash contribution of Ten Thousand Dollars. All other provisions included in the original Lease, with the exception of those listed above, shall remain in effect. The Amendment is identical to the one approved by the Board for the Verizon tower lease at the Vineyards Community Park. FISCAL IMPACT: Increased rent of $48,000, and the one-time cash contribution of $10,000, shall be deposited into the following accounts: Twenty percent of the $58,000 ($11,600) into MSTD General Fund, Franchise Administration (111-100210-362110), and eighty percent of the $58,000 ($46,400) into Parks MSTD General Fund, East Naples Community Park (111-156381-362110). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: In exchange for a one-time cash contribution of $10,000 from Verizon, the Lease does not allow the County to terminate prior to January 19, 2023, the end of the extended ter m. Instead, the Lease requires the County to notify Verizon 60 days prior to the commencement of the next term that it does not wish to exercise its renewal option. This approach is consistent with the terms in the original lease that was assigned to the County. This item is approved as to form and legality and requires majority vote for Board action. - JAB RECOMMENDATION: To approve and authorize the Chairman to execute the First Amendment to Ground Lease Agreement and the Memorandum of Lease with Verizon Wireless Personal Communications LP d/b/a Verizon Wireless. Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division ATTACHMENT(S) 1. Verizon East Naples Community Park First Amendment 2018 (PDF) 2. Verizon-PrimeCo East Naples Community Park Tower Lease (PDF) 16.C.4 Packet Pg. 905 09/11/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.4 Doc ID: 6360 Item Summary: Recommendation to approve a First Amendment to Ground Lease Agreement and Memorandum of Lease with the Verizon Wireless Personal Communications LP d/b/a Verizon Wireless at East Naples Community Park. Meeting Date: 09/11/2018 Prepared by: Title: Property Management Specialist, Senior – Facilities Management Name: Michael Dowling 08/07/2018 11:58 AM Submitted by: Title: Deputy Department Head – Solid and Hazardous Waste Name: Dan Rodriguez 08/07/2018 11:58 AM Approved By: Review: Parks & Recreation Ilonka Washburn Additional Reviewer Completed 08/07/2018 1:02 PM Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 08/07/2018 4:01 PM Facilities Management Toni Mott Additional Reviewer Completed 08/08/2018 8:13 AM Parks & Recreation Barry Williams Additional Reviewer Completed 08/24/2018 9:44 AM Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 08/24/2018 1:48 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 08/27/2018 12:14 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/28/2018 10:22 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/29/2018 3:10 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/30/2018 11:41 AM Budget and Management Office Ed Finn Additional Reviewer Completed 08/30/2018 5:20 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/02/2018 7:33 AM Board of County Commissioners MaryJo Brock Meeting Pending 09/11/2018 9:00 AM 16.C.4 Packet Pg. 906 FIRST AMTNDMENT TO GROUND LEASE AGREEMTNT This First n mendment to Ground Iease Agreement lthis "Amendmen(') is made erffcctivt' as of thc latter srSnature date hcrcof (the " Ellective Dote"l by and betwcen collier county, a political su bdivision of the State of Florida ("Owne/') and Verizon Wireless Personal Communications LP d/b/a Verizon Wireless ("Tenan(') (owncr and Tcnant bcing collectively rcterrcd to hercin as the "Parties"). RECITALS WHEREAS, Owner owns thc real property described on Exhibit A attached hereto and by this refcrence made a part hereof (the "Owne/s Lond'); and WHEREAS, Owner and T..nant's predecessor in.interest, PrimcCo Personal Communications, LP, entered into that certain Ground Lease ngreement dated January 20, 1998 (the "Lease"), pursuant to which the Tenant leases a portion of the Owner's Land and is the beneficiary of certain easements for acccss and public utilities, all as more particularly described in the leasc (such portion of the Owner's I and so leased along wil h such portion ofthe Owner's Land so affected, collectively, rhe "Leosed Area" ), which Leased Arca is also described on Exhibit A; and wHEREAS, Tenant, Verizon Communications lnc., a Delawarc corporation, and othcr parties identified therein, entered into a Management Agreement and a Master Prepaid Lease, both with an effective date of March 27, 2015 and both with ATC sequoia LLc, a Delaware limited Iiability company l" Americon Towe/'l , pUrsuant to which American Tower Subleases, manages, operates and maintains, as applicable, the Lcased Area, all as more particularly described therein; and WHEREAS, Tenant has granted American Tower a limited power of attorney (the "POA"lto, among other things, prepare, negotiate, execute, deliver, record and/or lile certain documents on behalf of Tenant, all as more particularly set forth in the PoA; and WHEREAS, Owner and Tenant desire to amend the terms of the Lease to €xtend the term thereof and to otherwise modify the [.ease as expressly provided herein. NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants set forth herein and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1 . One-Time Pavment Tenant shall pay to Owner a one'time payment in thc amount of Ten Thousand and fi)0.00), payable within thirty (30) days of the Effective Date and subject to Tenant's receipt of this Amendment and an original Memorandum (as defined herein) executed by owner 2. Lease Term Extended. Notwithstandin g anything to the contrary contained in the Lease or this Amendment, the Parties agree the Lease originally commenced on January 20, 1998 and expired on January 19,2018. The Lease is hereby amended to extend the current term of the Lease to expire on January 19, 2023, and to provide Tenant with the option to extend the Lease for each of four (4) additional five (5) year renewal terms(eacha "Renewol Term" and, collectively, th e " Renewol Terms") ' Notwithstanding anything to the contrary contained in the Lease, (a) all RenewalTerms shall automatically renew unless Tenant notifies Owner that Tenant elects not to renew the LeaSe at least sixty (60) days prior to the commencement of the next Renewal Term, and (b) in the event Tenant fails to make any payment to owner of any rent or other sums as and when due under the Lease, as modified by this Amendment, Owner shall not have the right to terminate the Lease or pursue any other available remedies unless and until Tenant fails to cure such default within ten (10) days after receiving written notice thereof from owner. The owner hereby agrees to execute and return to Tenant an oriSinal Memorandum of Lease in the form and of the substance attached hereto as Exhibit B and by this reference made a part hereof (the "Mem orondum"l executed by owner, together with any applicable ATC Site Nor 412252 VZW Site No: 131495 Slte Name: lhomasson Drive No/100 Dollars ($10, @ 16.C.4.a Packet Pg. 907 Attachment: Verizon East Naples Community Park First Amendment 2018 (6360 : First Amendment to Ground Lease Agreement and lorms reasonably net'rir.d to rccord lhc Memorilndurr, whit:h Itlrms shall bc supplit'd by Icnant to Owncr. -1. Rent and tscalation. (.ommt]ncing on January 20, 201tt, th(' rcnl payabk' lrorn l cnanl to Own{-r un.lor the Lease is h('rcby in( roascd to Forty-Eight Thousand and No/loo Dollars (S48,ooo.0o) per year (thc ,,Renf,). (irmrncncinS on January 20,)o)land on thc bcginningof cach l.l(.n('wal I('rnlthcreaftcr, Rent cjuc under thc I casc shall increasc by an amount ('qual t() twenty percent (20%) of thc thon current Rent. Notwithstanding anything to thc (:onlrary (.ontained in the tease, all RCnt and any other paymcnts cxpressly requircd to be paid by Tt'nant to Owner under the I (:ase and this Amendmenl shall be paid to Collier County. Thc ('scalations to Rent in this Section slrall be thc only cst:alations to the Rent and any/all escalations to Rcnt in thc le;)so are hcrcby null and void and of no further for(l and effect. 4 owner and Tenant Ackn and Statements. Fxcept as modificd hercin, tho lease and all provisions contained tht,rcin remain in full force and effect and are hercby ratificd and atfirmed. Fach l)arty hercby reaffirms thc represenlations and warranties made by such Party in th(' I oase as of thu rflectivc Dal e, and confirms that :;uch rcprcsenl al ions and wilrrantics apply to this Amcndment to thc same extent as to thc I casc. The Partics hercby agrec that no defaults exist Under tho l('ase. Tothe cxtent Tenant needed consent and/or approval from Owner for Jny of Tenant's activitics at and uscs of the site prior to the [ffective Date, including sublcasing to Amcrican I owcr, Owncr'S cxecution of this Amendment is and shall bc considcrcd consent to and approval of all such activities and uses and confirmation that no additional consideration is owed to owner for such activities and uses. S l!gg!gl.ThcnoticeaddrcssesforTenantlistedinsectionlOofthel.easeareherebyreplacedwiththe following: Tenant Verizon Wireless Attn. Network Real Estate 180 Washington Valley Road Bedminster, NJ 07921 with co 1()American Tower Attn: Land Management 10 Presidential WaY Woburn, MA 01801 and also with copv to American Tower Attn: Legal DePt. 116 Huntington Avenue Boston, MA 02116. 6. Cou nterparts. ThisAmendment may be executed in several counterparts, each of which when so cxecuted and delivered, shall be deemed an original and all of which, when taken together, shall const itute one and the same anstrument, even though all Parties are not signatories to the origina I or the Same counterp art. furthermorc, the Parties may execute and deliver this Amendmcnt by electronic means such as.Pdf or similar format. Each ofthc Parties agreesthatthe delivery ofthe Amendment by electronic means w ill have the same force and effect as delivery of original signatures and that each of the Parties may use such electronic signatures as evidence of the exe n mendment by all Parties to the same extent as an original signature cution and deliverY of the n IC Site No: 412252 V/W Site No: 131495 Site Namc: Thomasson Drive ISIGNATURES COMMFNCE ON FOLLOWING PAG4 @ 16.C.4.a Packet Pg. 908 Attachment: Verizon East Naples Community Park First Amendment 2018 (6360 : First Amendment to Ground Lease Agreement and OWNIR: t)n il t) ^tIr,,r CRYSTAL K. K|NZEL, CLERK I]OARI) ()t COUN IY CON,IMISSIONI RS (.ol I lr (.or,iN tY. I IoR )A BY Andy Solis, I sq., Chairman, lx,puty Cl(,rk Jennifer A. Belpedio, County Attorney s lsl(;NArLtRl srcNltNL)t oNtol lowtN(; pAGfl AIC Site Noi 412252 VZW Site No: 131495 Sitc Name: Thomasson Drive BY: Approvcd as to torm and lcgality: @ 16.C.4.a Packet Pg. 909 Attachment: Verizon East Naples Community Park First Amendment 2018 (6360 : First Amendment to Ground Lease Agreement and I I NANI Verizon Wirclcss Personal Communications LP d/b/a Verizon Wircless IJy: nTC S('quoia I l(., i) l)clawi)r(' limitcd liirbility c()rrlpany lrtlc: n ttor n{.y in Ia(:t Sh ov/n Lonler Vice President - Legol'l-tL-?-et6 Al( site No: 412252 VZW Site No:131495 Site Name: thomasson Drive Srgnature: I)r ir rt Na n)(,. I it lc: l)al c: @ 16.C.4.a Packet Pg. 910 Attachment: Verizon East Naples Community Park First Amendment 2018 (6360 : First Amendment to Ground Lease Agreement and -Q(HrBrL4 this I xhibit A moy be replo(?d ol 1?nonl's option o\ d$( ribad bebw owner's Land renont sholl hova thc rillht to rcploc(' this d?s( ription with o de\( nptjon (rbloined Jrom ownar'\ daed (or d?ed5) thol inLlud? lh? lond oreo en(.omposs?d by lhe I eose ond 1?nunl's imprcvent?nl5 lhurcn The Owner's l anfl consists of thc cntirc lcllirl taxJblc lot owned by Own(tr as dcst:ribed in a deed (or deeds) to Owner of whir:h thc leascd Area is a part thr:rt'of wilh such Owncr's I and bcing situatod ir) thc (.ounty ol Collier, State of fkrrida, and bcing dcscribcd bt:low: rrrt aloRiritRL ' I ..JaO J! t tf : r_,t !r,r w[ ilIkr ,I 2900C tftl D, StCI|ON 2. ](r*hjHrf. :C toutrrrANCf .,3 tASl (CLLttF fOrrN:-r r.J.krl.^ | rS\ ..rfi.O('ll /1O f{,ar Of l.,t wtst g9C ANlr rtSS .h{' \C,R!F 50 ffF: rCP ,l)AO HtGltT Ci,wA\ [XI\1t \ \Y) (Y]7i1",tirtl\Yr i LEASED PREMISES Tenont sholl hov? th" riqht to rcploce this d?sLription with o descriplion obtqincd from th? lcotc or lrom o description obtoined lrcm on os built survey conducled by lenont. The tcased Area consists of that portion of thc Owner's Land as dcfinr:d in thc lease which shall rn<:lude access and utilities easements. The square Iootage of the Leased Area shall be the greater ol: (i) thc land area conveyod to Tenant in the Lcase; (ii) Tenant's (and Tenant's customers) existing improvemcnts orr thc Owner's tand; or (iii) the legal description or deprction below {if any). -irAF(--tr.of(jNoLYINCANDBLI}TGINAPOR:|ONL:lrltLNORllitFt'!'1.9|I9Efttl Ol lnf *ESI[R(Y 1.?9O FEtI. LESS IFt NORIIi it0 tttf OF llrt wfst cio ritr +rc, irss rHt NORTH 50 rEtI fr.,R nlcHt- r)r -wA1 ()r :[('rir-)N ,.r TOwNSHtp 50 SOUIh_ nrNCf Lt IASI gf tNrl MORI ,lAFIt{:Ur A.Pt r Dts( Pte{ a. ,\ rOLLO'JSiouur.xcrlc,rIrlltSou1Htasl(:ORN[R')llHtNoltTHfRlrr'94099llliorir-r wtslcnr-, l.?9c FEEI Ot 5AO it-clloN 14. iht NcI N'or' I 7'1 {" r\ al i;Ni rlti Erst 11[5 6i- rrit nonrH[Rry 1,940 9q ftF or IHE wfsT[Rr.f r.291] rEr- or: sAo sEcrrqrv zr. 67198 FE[T, tHtNct-s 84,08 1ryv , {17 28 tttl Io rH-t Forrrr or BEciMrrnb. IHeNcL s.69'15'40-w.. 50 oo rE[T; rHENcf N oo'26 eo"w. :ooo rtn IHtNcl N.69'13'4(If..' 50.00 rEfT' lHrNce s00'?6'?0"f 50 OO FEfl lO THL'p0NI or ErGlNNlNO C(rNrAlNltiC 2,5Oo SOUARI fEf:T OR O06 ArrRf S uORt OF L€S! AIC Sitc No: 41225? VZW Sitc No; 131495 Site Nam(, : I homasson Drive 16.C.4.a Packet Pg. 911 Attachment: Verizon East Naples Community Park First Amendment 2018 (6360 : First Amendment to Ground Lease Agreement and LXlllBlT A ((-ontinucd) A(,CtSS AND UTII ITIt.S lho ar.r r,,,s:rnd utilrly (',r,,('rn(.n15 rnr- rrrk' ,rll (',r:,cmcn1s ol rl.r ord as woll llr,rl porllon of lltt' Owtx'r"' l;rnd nr(,a 1o and f rom a publir rlltrt of w.ry. ^ FrFCtr. Or r,{ rO fttr? aa rDDr LYlraG .J+O El)rc H A Poino.r tr 6 l}lf lol- 'xi.nv i,rro.ce mrr u nrf tSlf.iLY r,:io FEff of SfcTloh ar' lcxr.slrP ro rolni' crxct ?! asf: Dr ctxllrLr{ (, sr.o P^flcfl of uro l0 fttl r{ llolH Fr tmt F.flncrJt iLY OECI||IID al fO]Ot* cor.ltr€Itc ^, m lour|rfAr'I c@.ct of nt. }fiI}rE[Y 1.910 9r r[fr q l}lt t!sl-inv r.lro r[Er d rro sfctItx ?.: rHfr.lcf, r.o? r r l t' u. rto.c It{ Ersf u]rc 0f rpar}lti{r r,rio.'| rca ol I|{ rfitErt l.rco /r(r ot !10 lfcrxxr 2{, -lal ttrr ro rHE Sourir nErt-oa-uaY rlt o lxo*issot oifvE rHt{cf tt73f2f!. rtoc sep i:artx mxt-c-tY UxI- lol tfr o t}lf ry{ c IGLa}G l}Irlct t.Eia'oir.. ir.ac run; ner*t $"arlt'trr.. 3+1,.a rurI: rxL-r{f, s-wol!f!'. -Jl3,l!drr, ntrcr n irorir-r., tzl.g. rtEI, nrcrft sooo,'tffr. 14.11 ltc_r., q9$s-irrr'sic. crbr'rrrr l*t t.orstJ.'L' 2J6.r! rlfl ro nr Pofir q curyt - ^I|,fi( O' ^ Cunt Coitevr ro nt xat)fif:n. H^Il* a t ffJi f .o.B tEI. ^ COI-nl uCtt d ir6'2)|; rx0€f sdjtB A.O lf5t aQtt tlf ^nc O lfG Clfn! ,1!-errFr :c inr ponr u r^,rc{}cr. r}ltlct s !l'oz'rtE, .z-JJ rEfli !!|!I ! tlLa' Sirr . tlr I : rtfT; nt$E 5.77L'rtli. lJ...C ftrl l0 rxf PCatfi Of I€Rr'lX^IXn' AIC Site No: 412252 VZW Site No: I3149ir Site Namei I homasson l)rive 16.C.4.a Packet Pg. 912 Attachment: Verizon East Naples Community Park First Amendment 2018 (6360 : First Amendment to Ground Lease Agreement and EXHIBIT B FORM OF MEMORANDUM OF LEASE Al C Site No: 412252 VZW Site Noi 131495 Site Namer Thomasson Drive 16.C.4.a Packet Pg. 913 Attachment: Verizon East Naples Community Park First Amendment 2018 (6360 : First Amendment to Ground Lease Agreement and Aepolg!! by qnd RetulLlq; Arilonaan I owcr l0 Pre sidcntral Way Woburn, MA 01ttol nltn: land Man,]llorncnt/l)anicI lcvino, I sq. Al (. 5itc No: 4122Ii2 Al( Sitc Nam(.: l homasson l)rvc Assc55or's Parccl No(s): ilil4 [ l\lj{,i.:li,i \ St;rte of l lond.) ( ounty ()f (.ollr('r Mt]MORANDTJM OF IEASI I h is Mcmorandu rn ol I case \lht' " Memorondum" ) is cnl or('d irrto on t hc day of , )01 by and bctw({.n Collier County, a politi(..r1 subdivrsion ot the Stal(' ol I lorrd,r ("Owner"l and Vcrizon Wireless Personal communications LP d/b/a Verizon Wireless ("fenont"). NOTICE is hereby given of the I ease (as dcfrned and described below) for the purposc of recording and giving notice of the existonce of sairi lease. TotheextentthatnoticeofsuchLeasehaspreviouslybeenrccorded, then this Memorandum shall constilute an amendment of any such prior recorded notice(s). j. Owne/s Land and Lease. Owncr is the owner of certain real property beingdescribed in Exhibit A attached hereto and by this refcrence madc a part hereof (the "Ownels Lond']|. Owner and Tenant's predecessor in-interest, Primeco Personal Communications, LP, entered into that certain Ground Iease Agreement dated lanuary 20, 1998 (the "leose"), pursuant to which the Tenant leascs a portion of the Owner's land and is the beneficiary of certatn eascments for access and pUblic Utilities, all as more particularly dcscribed in the l.ease (such portion of the Owner's Land so leased along with such portion ol the owner,s l_and so affected, collectively, the "Leased Areo" ), which Leased Area is also described on Exhibit A. 2. American Tower. Tenant, VcriTon Communications lnc., a Delawarc corporation, and other parties adentified therein, entered into a Management Agreement and a Master Prepaid lease, both with an €ffective date of March27,2015 and both with ATC Sequoia LtC, a Delaware limited liability company l', Americon fowe/,), pursuant to which American Tower subleases, manages, operates and maintains, as applicable, thc leased Area, all as more particularly dcscribed therein ln connection with thcse responsib ilities, Tenant has also granted American Tower a limited power of attorney llhe "PoA"l1o, among other things, prepare, negotiate, execute, deliver, record and/or file certain documents on behalf of Tenant, all as more particularly set forth in the POA. Expiration Date. Subject lo the terms, provisions, and conditions of the Lease, and assumrnB thc excrcisc by Tenant of all renewal options contaaned in the t ease, the final expiration date of the I ease would be January 19,2043. Notwithstanding the IoregoinS, in no event shall Tenant be rcquired to excrcise any AtC Site No: 4:12252 VZW Sitc No: 1"3I495 Sito Name: lhomasson Drive 3 option to renew the term of the Lease @ 16.C.4.a Packet Pg. 914 Attachment: Verizon East Naples Community Park First Amendment 2018 (6360 : First Amendment to Ground Lease Agreement and 4. l-cased Prcmises Dcsc ription. lon,rnt shall have the ri8ht, rtxcrcisablc by lcnanl at arry timc during thc original or roncwal tcrnrs of tl)o I (,,rs(,, to {raulo an as buih surv('y ol th(, lcased Ar('a 1o b0 prt'p;trt'd and, thercaftcr, lo rcpla(r', in wholr, or rn part, the dt:s<.ript ion (s) ot thc loasod n rea s('t ,orth on f-xhibit A wilh a legirl (lcscription or lcgal dcs(riplions bi,5ed upon sLr(:h as built survcy. Upon lcnant's roqucst, Owner shall cxeculo a d dClivr.r any docum(.nls rcasonably n('ccssary to (,ffectltillc 5tlch rcpla(('mt'nt, including, wrthout lirnrlation, amcndmt]nts to this McmorJrrdum and to th(l Lcaso. 5. fffect/Miscellaneous. lhis Merrrorandum is nol .] (.ompl(.1(, sumrndry of thc tc ns, provisions atrd conditions containcd in the t ease. ln the evcnt of a contlrct bctwcen this Memora ndum and the lease, thc Lease shall control. Owner hcrcby grants thc right 1o Tcnant to complcle and cxc.ute on b(lhalf of Owner any Bovernrncnl or transtcr tax forms ncr:cssary for the recordinB o{this Memorandum. I his right shalltcrminale upon recording of this Mcmorandum. (). Uoj!e5. All notices must bc in writinlt and shall be valid trpon receipt whcn delivcrr-)d by hand, by nationally rccognized (:ouricr servicc, or by Iirst (.lass Unit(]d Slatcs Mail, certifiod, rcturn recoipt requested to the addrcsscs set forth herein: to Owner al: :.t:.i-15 tast Tamiami Trail, Altn: Roal l)ropcrty Managcment, Naplcs, tl 34112;toTenantat: V(lriron Wiroless,Attn. Network Real tstate, 180 Washington Valley Road, Bedminstcr, NJ 07921; W4-b-qc]pf. !f:, American lower, Attn: Iand Managcment, 10 Prcsidential Way, Woburn, MA 01801,i)!d ?-b-o Wllb qopy,tg: A11n I egal Dept. 1l6 tluntington Avenuc, Boston, MA 02116. Any of the partics hereto, by thirty (30) days prior writtcn nolice to thc other in thc manner provided herein, may dcsignate onc or more ditfercnt notice addresses from those set forth above. Refusal to accept dclivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein, shall be decmed 1o br: receipt of any such nolice. 7. Counterparts. This Mcm<-rrandum m ay be executed in multiple counterparts, each of which when so executed and delivercd, shall be deemed an original and all of which, when laken together, shall constitute one and the same instrument. 8. GoverninR Law. This Memorancium shall be governed by and construcd rn all rcspccts in accordance with the laws of the State of Flonda, without regard to the conflicts of laws provisions of thc State of t lorid a. lStGNAt URts coMMt NCt oN rol lowtNG PAG|) ATC Sitc No:412252 VZW Site No: 131495 Site Name: Thomasson Drivc @ 16.C.4.a Packet Pg. 915 Attachment: Verizon East Naples Community Park First Amendment 2018 (6360 : First Amendment to Ground Lease Agreement and lN WITNESS WHEREOF. Owner and lcnant havc car:h exccutr.d I his Menrorandr.im as of tht'rlay;tnd year st'l fort h bclow. OWNI R: I)ATI I)I}OARI) OI (.OUNIY (,OMMISSIONI R5 coll t t couNTY, t I ORIDA AI SI CRYSTAL K. KINZEL, CLERK Andy Solis, Fsq., Chairman llY , t)cputy Clerk Approved as to form and legality Jonnri('r A. Ilclp('dro, ( ounty Allornt'Y IStGNATURES CONTtNUF. ON f Ot tOWtNG PAGtI A IC Site No: 412 252 V,/W Site No: 1.J149! Site Namr: thomasson Drive tiY: r*e* @ 16.C.4.a Packet Pg. 916 Attachment: Verizon East Naples Community Park First Amendment 2018 (6360 : First Amendment to Ground Lease Agreement and I t NANI Verizon Wireless Pcrsonal Communications LP d/b/a Verizon Wirelcss By: ATC Sequoia t I C, a Delaware limitr.d liability (:ompany Title: Atlorncy rn I WII NI 51; \illnal urc Stlltrattr rt' l)rrr)l Namc sig natu r(l I)rin1 N;nr(, I)rint NameShown Lonler olIitk,: l).)1(l WITNTSS AND ACKNOWI,EDGt Mt.NT Commonwealth of Massachusetts County of M iddlesex on this .Q] day oI Jt^2o1,f , bt:f ore me, the undersigned Notary Public, personally appeared who proved to me on the basis of satisfaclory evidence to be the person(s) whose to the within instrument and acknowledged to me that he/she/they executed the authorized capacity(ies), and that by his/her/their signature(s) on the instrument, upon which the person(s) acted, executed the instrument. WII NESS my hand and official seal Notary Public Print Namc: T!-)a \l). name{s) is/are subscribed same in his/her/thctr the person(s) or the cntity t D. La- \.- My commission expires r']..r*+"ii'1"'i' 1r,,, ..i--'l.q;:^ji,il;'-,rffi AIC Site No: 412 252 VlW Site No: 131495 Site Name: Thomitsson Drivt)(& 16.C.4.a Packet Pg. 917 Attachment: Verizon East Naples Community Park First Amendment 2018 (6360 : First Amendment to Ground Lease Agreement and EIIIBLI4 this Exhibil A moy b? reploccd ot Tenont's option os dcscribcd below owner's Land Tenont sholl hove thc right to reploce this description with o description obtoined from Owner's deed (or deeds) thot include the lond oreo encompossed by the Leosc ond Tenont's improvements thereon The Owner's Land consists of the entire legal taxable lot owned by Owner as dcscribed in a dced (or deeds) to Owner of which the leased Area is a part thereof with such Owner's Land being situated in the County of Collicr, State of Florida, and being described below: tl!- -tr-C-R I lt RL I '.940 J9 .Lt'' ,_,1 'r,L *f;l€kr,I l9O_ 0O tttl SfCrro l.. t(r*|rjHrt 10 SfiU'rr.raNc_f .11 tASi. (OLLttF COrrNt, rr(.e[r^ rr5: !.ttlr-,rrtH /tO fta.t Ot fht yif 5t 99C ^ND rtjs .)if i.cllYrr 50 tf€t foF Pi)AD l}tcrrf nr -*A! P0r{(\ \D, 00fi5(rY,tf'0.1 TEASED PREMISES Tenont sholl hove thc right to reploce this description with o description obtoined from the Leose or from o description obtoined from on os'built survey conducted by Tenont. The Leased Area consrsts of that portion of the Owner's land as dcfined in the t.ease which shall include access and utilities easements. The square footage ot the I eased Area shall be the Sreater of: (i) the land area conveyed 1o Tenant in the l.ease; (ii)Tenant's {and Tenant's customers) existinB improvements on the Owner's Land; or (iii) the legal description or depiction below (if any). n p,AR(-[r- Ot I-ANO LYINC AJ'ID BIING lN A PORII(jN Lt rllL NORIH€F| \' ].9]) EO r€tI Oi llr[ wfsrERLY 129O FEf f. LaSS IHE NOFlll 7t0 ftFf OF 'lrrf wtl5r 990 f tET .{r./0 tESs rHt NoRIH 50 FEEI f 0R RICHI'{)[ -lNAi ()r SLCrlr^)N ',1 rowNsHrP 50 90uIH. Rr.NCt .1'' EA-ST EFlNtl MDRf r'AnTlCUl AFI I DtS( Rt6t O r'c FOLLOY'S. iOMMLNCTNCAIIITISOUIHI^5I(:ORN[Rr)llrltNOPIHIRIr',9ilo99rttforir"r irstrnr-' 1.?9c rEtT oF sAo 5l.cTroN ?4. ihrNc[ N (l/'! 7'l.-w el (]Nt lt LASi LtNt oF THt NORTHIRLY t.940 99 ffrt 0l IHE lrvEsltRt.t 1.29(J rEEr of slrD stcTrq{ 21.6?.98 FE[I, IHENCT-5.8{'08 Jrvr-. 417 28 rftT To rHtporrr oF BEo1NNING. IHENCT s.EglJ'4O-w . 50 OO fEEr: THENCF N.OO'26 ?0-w , 50 0o rtn. Ii{tNct N.89'13'4(ff.., 50.00 FEErr rHENc€ s'oo'?6'?o'F'. \0OO FEfl IO IHI.PONI OT EEGIN.{ING r(lNrAtNtr.rc 2.500 sou^nE rrET oP o 06 ACRfs MoRf oR t€s1 ATC Site No: 412252 VZW Site Noi 131495 Site Name: Ihomasson Drive 16.C.4.a Packet Pg. 918 Attachment: Verizon East Naples Community Park First Amendment 2018 (6360 : First Amendment to Ground Lease Agreement and IXHlBlT AlconI!rtqedl ACCESS AND UTITITIES I he ar;cess and utility easomenls includc all casemcnts ol rccord as wt:ll that portion of the Owncr's I and currcntly utilizcd by Tendnt (and lcnartt's customers) for ingress, egrt:ss and utility purposes from thc leased n rea to and from a public right of way. r FrFctr crl L^r.O rO Ftgl al tbDi. tnxc xrD liac rH ^ PORnO* Of 6 llr[ xoa- 'xrlt -r.gro.ci rtfl o-r}lt r{.9]tlr,t l,?co rEfI s sfcmlr 2l' lc*15.1? s tdJlh' eaca 2j trsti r}{ ctxlEn-l'a u s,.o i^sco- of L^{0 r0 rttl r flDlH [16 rslt FaflIfuL^fLY OtcnDfD lS fcl-lot* ;orrr€ircrrrc ^r Ylt lo,rrnt^,lr c{F{x or *e Hof,n€tuv 1.9$ e0 rurr tr lxt EI- tnv l.rro rf fl tr 5rD rcrnn ?r: rxfrtf lr.o?trl{'5. ^(q'ic rht Ersl ul{ 0f rcc r*'nv l.rro.m ftfl oI nt *[$I.iLI l.rfo ftfi 0f sAo StcrElr ?{. -trl 7Er To Dlr ialrlx llExt-oa-rAl Ll.t ca rlc|r gsoll ofive ru-lcf l-t73N'2f r' {(}G s,rlo sourh ncrt' tr -rrv L]... 3 or rfEI tt] ll{ Ei, of tcta}.ls: llcttl 5-811' 0i"., rr..a fi-rl, rltfli(., 6"arl1?rr.. J{2..4 rfEI; r}{t{f, 5.0o01'3f!.. -Il-2'!!iirr, n*rct ioior'lrf, tlr rr rto, I)rrncr socoTlt'l . r.t.l? rEfr; !}lqErs'irrr':rt.. Jabl rrfl rl.E crE 5.or37l.it-. lJo.23 ftfl I9 .r!rt Poer't r c1,n.t - rrr,nt of a cuM co.art( ro nt }qtrr*ffi. il Ync a trlhJl of .o.m tIrI, a cDi- rnrr ricr,t s !fE'2)'; n€l€t su/ot rfio ltsl A.Q.f !}tr ^nc r sro cun/[ $.!6 rrt'l :'c ir,r pgp11 qr '^}f$|cv I}ITCI S fr'o?'1tr, r?.lJ rEfI; ,}lE rct ll.t!54' :J_, 'rg+ ir trC, irerrf s.;rx'l:'w. ]f,. 16 rtrl 10 rHt Fc$n of fRnlx^no,{ ' AIC site No:412252 VZW Site No: 131495 Site Namc: Ihomasson l)rive 16.C.4.a Packet Pg. 919 Attachment: Verizon East Naples Community Park First Amendment 2018 (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 920 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 921 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 922 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 923 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 924 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 925 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 926 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 927 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 928 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 929 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 930 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 931 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 932 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 933 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 934 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 935 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 936 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 937 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 938 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 939 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 940 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 941 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 942 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 943 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 944 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 945 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 946 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 947 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 948 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 949 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 950 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 951 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 952 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and 16.C.4.b Packet Pg. 953 Attachment: Verizon-PrimeCo East Naples Community Park Tower Lease (6360 : First Amendment to Ground Lease Agreement and