Backup Documents 07/14/2020 Item #16B 3 •
ORIGINAL DOCUMENTS CHECKLIST & ROUT6IN�G S LIP,
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Debrah Forester, CRA Director CRA DF 8/13/2020
2. County Attorney Office—JAB, ACA County Attorney Office go13 Si 13 I ao-xp
3. BCC Office Board of County
Commissioners J US'Ob
4. Minutes and Records Court's o ds Clerk of Office � o f`�� ��,� �
PRIMARY CONTACT INFORMATION D
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,may need to contact staff for additional or missing information.
Name of Primary Staff Debrah Forester, CRA Director STAFF PERSON 8846
Contact/ Department PHONE#
Agenda Date Item was 7.14.20 Agenda Item Number 16.83
Approved by the BCC
Type of Document MUTUAL TERMINATION AGREEMENT Number of Original l
Attached Documents Attached
PO number or account 187-138325-649030
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, No
provide the Contact Information (Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A (Insert
Office and all other parties except the BCC Chairman and the Clerk to the Board N/A unless
changes
made after
publication)
5. The Chairman's signature line date has been entered as the date of BCC approval of the Yes
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's Yes
signature and initials are required.
7. In most cases (some contracts are an exception),the original document and this routing slip N/A(insert N/A
should be provided to the County Attorney Office at the time the item is input into SIRE. unless an
Some documents are time sensitive and require forwarding to Tallahassee within a certain ordinance)
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on above date and all changes made during Yes N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the A is not
BCC,all changes directed by the BCC have been made, and the document is ready for the ank tion for
Chairman's signature. ( a•�� this '_e
initial)
*Please e-mail Debrah Forester a copy of the recorded agreement,
1683
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Thursday, August 20, 2020 11:24 AM
To: ForesterDebrah; HayesJessica
Subject: Mutual Termination Agreement (Item #16B3 7-14-20 BCC Meeting)
Attachments: Recorded Mutual Termination Agreement (Item #16B3 7-14-20 BCC Meeting).pdf
Good Morvtivtg,
A copy of the (recorded) Mutual Terwtiv<atiort Agreevvtertt
with Crowvt Castle South LLC (Crowvt), that was approved
by the BCC ovt July 14, 2020, is attached for your records.
A copy of the receipt For recordivtg charges is also ivtcluded (pg. 2)
Thavtk you!
Ann Jennejohn
13MR Senior Deputy Clerk
t, 4,4 Clerk to the Value Adjustment Board
`'^% Office: 239-252-8406
Fax: 239-252-8408 (if applicable)
Z. Avtvt.Jenwtjjohvt@CollierClerk.cowt
F c Office of the Clerk of the Circuit Court
& Comptroller of Collier Couvtty
3299 Tawtiawti Trail, Suite #401
Naples, FL 34112-5324
www.CollierClerk.covvt
i
1663
MUTUAL TERMINATION AGREEMENT
CROWN CASTLE SOUTH LLC
.}►,This MUTUAL TERMINATION AGREEMENT (`Termination') is entered into this
(y day of , 2020 by and between COLLIER COUNTY BOARD
OF COMMISSI ERS, ac ing as the Collier County Community Redevelopment Agency (the
"CRA"), and CROWN CASTLE SOUTH LLC, a Delaware limited liability company,
("Crown").
RECITALS:
WHEREAS, The CRA owns certain real property located in Collier County, Florida and
which is legally described as follows:
Lots 12, 13, 14, and 15, Triangle Lake Subdivision, in accordance with and
subject to the plat recorded in Plat Book 4, Page 38, Public Records of Collier
County, Florida. (the "CRA Property")
WHEREAS, The CRA and Crown represent and warrant that they are the current parties
to that certain unrecorded Option and Lease Agreement dated April 27, 1998 (as amended or
assigned, the "CRA Lease"), originally by and among Donald L. Chesser and Joyce Chesser, as
lessor, and BellSouth Mobility, Inc., a Georgia corporation, as tenant, pursuant to which Lease,
Crown succeeded New Cingular Wireless PCS, LLC, as successor to BellSouth Mobility Inc., by
virtue of that certain Memorandum of Assignment and Assumption of Option and Lease
Agreement recorded in Official Records Book 4718, Page 2138, of the Public Records of Collier
County, Florida ("Assignment"), attached hereto as Exhibit "A". As such, Crown leases that
certain real property (the "Premises"), which Premises are part of the CRA Property, for
operation of a cell tower(the "313-005.4 Cell Tower").
WHEREAS, Bellsouth Mobility, Inc. and Crown Castle South LLC, were parties to a
Site Designation Supplement and Memorandum of Sublease, recorded on August 21, 2002 in
Official Records Book 3095, Page 0158, et. seq. of the Public Records of Collier County, Florida
(the "Supplement and Sublease") subleasing and granting to Crown Castle South, Inc., Crown
Castle South LLC's predecessor in interest, an ingress and egress easement to the 313-005.4 Cell
Tower. The Supplement and Sublease was previously terminated by that Certain Termination of
Site Designation Supplement and Memorandum of Sublease recorded in Official Records Book
4718, Page 2133, of the Public Records of Collier County, Florida. By virtue of the Assignment,
Crown holds all right, title and interest in the CRA Lease, as tenant.
WHEREAS, The CRA intends to pursue the development of the CRA Property for other
uses and the CRA has requested, and Crown has agreed, subject to the terms and conditions of
the Agreement Regarding Cell Tower, to consent to the removal of the 313-005.4 Cell Tower
from the Premises, and the removal and reconstruction of the cell tower (the "Kirkwood Cell
Tower") located on the premises subject to that certain Master Prepaid Lease dated December
16, 2013 by and among the AT&T Lessors party thereto, AT&T Mobility LLC, a Delaware
limited liability company, and CCATT LLC, a Delaware limited liability company. The removal
of the 313-005.4 Cell Tower from the Premises, and the removal and replacement of the
Kirkwood Cell Tower on the Kirkwood Property shall hereinafter be referred to as the "Cell
Tower Relocation".
INSTR 5908453 OR 5802 PG 11
RECORDED 8/14/2020 10:52 AM PAGES 7 Page 1 of 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$61.00 INDX$4.00
1 6 B 3
WHEREAS, In accordance with the terms and conditions of the Agreement Regarding
Cell Tower, the parties have agreed that upon completion of the Cell Tower Relocation, the CRA
Lease shall be terminated by written agreement executed by all the parties to those instruments,
and Crown and the CRA shall execute a termination of the CRA Lease and cause the
memorandum of the CRA Lease to be released of record in the Official Records of Collier
County, Florida.
WHEREAS, CROWN and CRA desire to formally terminate CRA Lease in accordance
with Paragraphs G and 3 of Agreement Regarding Cell Tower.
NOW, THEREFORE, in consideration of the foregoing, and of the mutual obligations
and agreements contained herein, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
1. The recitals set forth above are incorporated herein as set forth in their entirety.
2. The CRA Lease, as amended or assigned, is hereby terminated, and any and all
obligations under the CRA Lease will cease and neither party shall have any obligations to the
other.
3. Crown, for itself, its successors, predecessors, assigns, members, managers, officers,
and agents, and anyone claiming by, through, or under Crown hereby fully and finally remises,
releases, conveys and forever quitclaims unto CRA any and all right, title, interest and equity in
and to the CRA Lease, the Premises, the 313-005.4 Cell Tower and the CRA Property, including,
but not limited to any express or implied, recorded or unrecorded, easement, access, ingress
and/or egress rights, including any such rights which may exist as described in Official Records
Book 3095, Page 163, of the Public Records of Collier County, Florida.
4. The individuals executing this Termination on behalf of the parties hereto represent
and warranty that they are duly authorized to execute this Termination on behalf of such party
and that such Termination I bending and enforceable against such party.
5. The Supplement and Sublease and referenced ingress and egress easement described
in Exhibit A is hereby terminated, and any and all obligations under the Supplement and
Sublease will cease and neither party shall have any obligations to the other.
6. This Mutual Termination shall constitute the final agreement and understanding of the
parties on the subject matter hereof. This agreement may only be modified by a further writing
signed by the Parties.
7. CRA and Crown each agree to execute and deliver to the other such further documents
and instruments as may be reasonable and necessary in furtherance of and to effectuate the intent
of the parties as expressed by the terms and conditions hereof.
8. This Termination shall be binding upon and inure to the benefit of the parties hereto
and their respective successors and assigns.
9. This Mutual Termination shall be recorded in the Official Records of Collier County,
Florida by Collier County at its expense.
Page 2 of 4 CA
1b► B3
All defined terms used in this Termination that are not defined herein shall have the same
meaning ascribed to them as in the CRA Lease.
IN WITNESS WHEREOF, the parties have duly executed this Termination as of the
dates set forth below.
ATTEST: ;.,Q '.•• .. COLLIER COUNTY COMMUNITY
CRYS'I 4 : I�. , CLERK REDEVELOPMENT AGENCY
;'*4 jet;c
By= ttAD C.
• t ��.,, ' 4 Y CLERK By: 414142
' tas t ",�i DONNA FIALA, CHAIRMAN
Approved for form and legality:
,Zo20
Jennifer A. Belpedio 4 I a,
Assistant County Attorney
WITNESSES: CROWN CASTLE SOUTH LLC,
a Delaware limited liability company
Print Na e: By:
Name: Helen V. Smith
Title: Director National RE Ops
t ame:
VERONICA NICOLE LAWRENCE
.--�� %.<6SNotary Public,State ofTexas
STATE OF I .jt.G.S ) =N� i�:'Qz: Comm Expires04-26-2021
%/;;o�(`.� Notary I D 131103553
H 11-,f f i 5 COUNTY ) -
The foregoing instrument was acknowledged before me by means of CV sic ll presence or ID
online notarization,this 14 day of , 20a)by Helen . smitn
,asD i t cLity cch a:.. op of CROWN CASTLE SOUTH LLC, a
Delaware limited liability company, on behalf of the limited liability company. He/69 is personally
known to me or has produced as identification.
Given under my hand this I kg) day of 141 1"f I ) , 2020
Page 3 of 4
1683
N ary Public
Printed Name
My Commission Expires: Lr► ZUZ I
My Commission Number: 3j I I C 5 5
Page 4 of 4
INSTR 4606023 OR 4718 PG 2138 RECORDED 9/13/2011 3:35 PM PAGES 3 `
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA JZ
REC $27.00 INDX $1.00
•
EXHIBIT A
Prepared by:
Phillips Lytle LLP
3400 HSBC Center
Buffalo,NY 14203-2887
Telephone: (716)847-5408
Facsimile: (716)852-6100
AFTER RECORDING RETURN TO:
Crown Castle USA
12725 Morris Road Extension Ste 400
Alpharetta,GA 30004
Attn: Mary Guy
Telephone: 813-342-3850
MEMORANDUM OF ASSIGNMENT AND ASSUMPTION OF OPTION AND LEASE
This Memorandum of Assignment and A"ssim `tion of Option and Lease Agreement(this
"Memorandum") is made and entered into as ,.of . ... O ,i ("Effective Date")
by and between New Cingular Wlreless pCS, LLC, a ) elpfare limited liability company, as
successor to BellSouth Mobahty, 1k-c,,;`a (7f1signor") and Crown Castle
South LLC, a Delaware company(`'Assigikr?).
Whereas, Donald L. Chesser and Joyce Chesser,and'Assignor's predecessor in interest,
BellSouth Mobility Inc., a Georgia,corporation, entered Info ati unrecorded lease, as it may have
�n been amended, for property located Naples,.Callitrr),CCOunty, Florida ("Lease"), all as more
further described in the Lease; and � .
Whereas, as of the Effective Date, Assignor and Assignee have entered into an
Assignment and Assumption of Option and Lease Agreement("Assignment"); and
Whereas, the parties desire to memorialize the Assignment in the public record.
Now therefore, as of the Effective Date,the parties have agreed as follows:
1. The Lease is assigned from Assignor to Assignee and Assignee assumes all rights
and obligations of the Assignor in and to the Lease.
2. The Lease, as assigned, shall remain in full force and effect and is not modified in
any way by the Assignment.
3. If there is any conflict between the terms of the Assignment and this
Memorandum,the terms of the Assignment shall prevail.
Site No: Crown 813819,' FAQ 10016431
Site Name: 313-005.4
OR 4718 PG 2139
1683
IN WITNESS WHEREOF,the parties hereto have executed this Memorandum as of the
Effective Date.
Attest:( e
Assignor:
('` New Cingular Wireless PCS,LLC,
nt Name:c,-s Imo, ; c,,y a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
t--cz-._ d-_ n._- By_��/L
Print Name: T�r,„,, Lrk r- Nell'9:lattari._
/K
/"~ e Man g r,. Real Estate Transactions
STATE OF T _
COUNTY OF P • ' rirlir,...,;:i , u /) 1
,,tr,
On this 20' day o ',, a 20/1,1;before *ate 1e subscriber, a Notary Public
in and for said State and Count ,'personally appeared ellie''Jabbari, the Area Manager- Real
Estate Transactions of New angular Wireless PCS '_,LC, a Delaware limited liability
company, and in due form of law"eknbwledged_that.she rs�auithorized on behalf of said company
to execute all documents pertaining hereto apd acki owledged to me that she executed the same
as her voluntary act and deed on behalf of said company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal in said
State and County on the day and year last above written.
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otary Public
My Commission Expires: i t-S'ZCII 3
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Site No: Crok‘n 813819! FA" 10016431
Site Name: 313-005.4
*** OR 4718 PG 2140 ***
1683
Attu Assignee:
IV -J Crown Castle outh LLC,
PriName: . hwl (5{7•2t Delawar Ern. ed liability company
By:
Print Name: ,n Cra. nabe
Vice President Contract Management
C0MMONWCIL1
STAVE OF euivsyLvANI
i J Jr
COUNTY OF WAsH►NGro ) �,
411
On this 9 day of i 1[ -— 20 f -before ine, the subscriber, a Notary Public
in and for said MWAFIT,Munty, petsonaliy-aappeare raig Knabe, the Vice President-Contract
Management of Crown Castle lSouth LLCt aDel`,, a vare lltmit d liability company, and in due
form of law acknowledged that`he sl isz a>rithorized on'behalf of said company to execute all
documents pertaining hereto,an4 acknowledged-to me that held e,executed the same as his/her-
voluntary act and deed on behalf of said company.
x,h` ti
crmmonwV HEO ESTIMONY WERF, I have hereunto set rriy"hand and affixed my seal in said
State andnCounty on the day and year last-4bove._w-rittt n:�
(LU yD(-6 c(/10U
Notary Pt€blic
My Commission Expires: Ary I l) o10I 2
Doc g 01-2340283.1
COMMONWEALTH OF PENNSYLVANIA
41 Notarial Sea!
eQQ Sally Dioguardi,Notary Public
.+••""�>� S1 Cecil Twp.,Washington County
My Commission Expires April 1,2012
10 101
Member,Pennsy hian'a A•somtion cf Notaries
4Nrhyo
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Site No: Crow 8138191 FA 10016431
Site Name: 313-005.4