Agenda 10/12/2021 Item #16C3 (Assumption Agreement w/L3 Harris Technologies)10/12/2021
EXECUTIVE SUMMARY
Recommendation to approve an Assignment and Assumption of Lease Agreement between L3
Harris Technologies (Assignor) and the State of Florida Department of Management Services
(Assignee).
OBJECTIVE: Recommendation to approve an Assignment and Assumption of Lease Agreement
between L3 Harris Technologies and the State of Florida, Department of Management Services.
CONSIDERATION: On March 26, 2002, the Board approved a Lease Agreement (Agreement) with
M/A Com Private Radio Systems, Inc. (predecessor to L3 Harris Technologies by way of attached
Assumption Agreement), for shared use of multiple County communication sites. M/A Com entered into
this Agreement as part of a twenty-year contract approved by the State of Florida in September 2000 for a
statewide law enforcement radio system (SLERS). To date, this Agreement has generated revenue for
Collier County exceeding $1.6 million in addition to in-kind site improvements for the SLERS system
that benefited Collier County.
The L3Harris Technologies contract with the State of Florida for SLERS expired on June 30, 2021. The
State of Florida has received approval from the State Legislature to renew the contract with L3Harris.
This renewal does modify existing terms and conditions between the two parties.
• L3Harris (Assignor) retains responsibility for operation, maintenance, and technology
replacement of the SLERS system.
• L3Harris assigns all Lease Agreements to the Florida Department of Management Services
(Assignee) whereby the State will be responsible for direct payments to lessors effective July 1,
2021.
FISCAL IMPACT: There is no fiscal impact associated with this item, and lease payments from the
State of Florida will be deposited into the 800 MHz IRCP Fund, 188-140480-362110.
GROWTH MANAGEMENT: There is no Growth Management Impacts associated with this Executive
Summary.
LEGAL CONSIDERATIONS: The item is approved for form and legality and requires a majority vote
for Board action. - JAB
RECOMMENDATION: That the Board of County Commissioners approves the Assignment and
Assumption of Lease Agreement between L3Harris, the State of Florida, Department Services
Agreements and Collier County, and authorizes its Chair to execute the Assignment document.
Prepared by: Michael Dowling, Senior Property Management Specialist, Facilities Management Division
ATTACHMENT(S)
1. Harris Assignment and Assumption CAO 9-29-21 (PDF)
2. Harris Original Lease Agreement (PDF)
3. Assumption Agreement (PDF)
16.C.3
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10/12/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.3
Doc ID: 20197
Item Summary: Recommendation to approve an Assignment and Assumption of Lease
Agreement between L3 Harris Technologies (Assignor) and the State of Florida Department of
Management Services (Assignee).
Meeting Date: 10/12/2021
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
09/30/2021 2:30 PM
Submitted by:
Title: Director - Facilities Maangement – Facilities Management
Name: Ed Finn
09/30/2021 2:30 PM
Approved By:
Review:
Facilities Management Michael Dowling Additional Reviewer Skipped 09/30/2021 2:41 PM
Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Completed 09/30/2021 3:03 PM
Facilities Management Ed Finn Director - Facilities Completed 09/30/2021 6:26 PM
Information Technology Drew Cody Additional Reviewer Skipped 10/04/2021 11:56 AM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 10/04/2021 12:14 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/05/2021 9:32 AM
Public Utilities Department Joseph Bellone Level 2 Division Administrator Review Completed 10/05/2021 10:04 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/05/2021 10:20 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 10/05/2021 11:30 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/05/2021 3:07 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 10/05/2021 5:12 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 10/12/2021 9:00 AM
16.C.3
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THIS ASSIGNMENT AND ASSUMPTION oF LEASE AGREEMENT (this "Assienment")
is made as of July 1, 2O21,W and between L3HARRIS TECHNOLOGIES, INC., a Oelaware
corporation, formerly known as Harris Corporation, on behalf of itself, its affiliates, and
subsidiaries ("Assienor"), and the STATE OF FLORIDA, DEPARTMENT OF
MANAGEMENT SERVICES, an agency of the State of Florida, (,.Assignee,'), and this
Assignment is acknowledged and agreed to by COLLIER couNTy, a political subdivision of
the State of Florida ("County").
ASS IGNMENT AND UMPTION OF LEASE AGRE MENT
WITNESSETH:
WHEREAS, Assignor, as "tenant," and the County, as ..landtord,,' or their respective
predecessors-in-interest. previously entered into a Lease Agreement dated March 26, 2002, as
amended, pursuant to which Assignor leased from the County the use of space on four (4)
communication towers and associated ground space identified in Schedule I attached hereto and
incorporated by reference herein (collectively. thc "Leasc") to allow Assignor to operat€ and
maintain telecommunications equipment for the State of Florida Statewide Law Enforcement
Radio System ("sLERS") pursuant to the terms of that certain service and Access Agreemenr by
and berween Assignor and Assignee dated September 2E, 2000, as amended ro dare (the ..S!EES
Aqreement"); and
WHEREAS, on June 30, 2021, the SLERS Agreement expired and, in accordance with Line ltem
2860 ofthe 2021-2022 General Appropriations Ac1 (chapter 2021-036, Laws ofFlorida), Assignor
and Assignee entered into a new contract starting on July 1, 2021 pursuant to which Assignor will
remain responsible for the management and operations ofthe SLERS network; and
WHEREAS, in accordance with Chapters 2021-036 and,202l-037, La*s of Florida, Assignor
desires to assign the Lease to Assignee, and Assignee desires lo assume the Lease from Assignor
on July 1, 2021 (the "Effective Date" ofthe Assignment).
NOW THEREFORE, in consideration of the mutual covenants contained herein and other good
and valuable consideration, the receipt and sufficiency of which hereby are acknowledged.
Assignor, Assignee and the County hereby agree as follows:
t.Assignment and Assum ption of the Leese.Assignor hereby assigns, transfers, sets over.
and conveys to Assignee, as ofthe Effective Date, all of Assignor's right, title, and interest in, ro.
and under the Lease. Assignee hereby accepts the foregoing assignment ofthe Lease and assumes
and agrees to perform and observe all of the obligations, covcnants, terms, and conditions to be
performed or observed by Assignor under the Lease, as modified herein, arising on and after the
Effective Date. Assignor shall remain fully responsible to perform all ofthe obligations, covenants.
terms, and conditions required to be performed by Assignor under the Lease before the Effective
Date.
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16.C.3.a
Packet Pg. 740 Attachment: Harris Assignment and Assumption CAO 9-29-21 (20197 : Assignment and Assumption of Lease Agreement between L3 Harris
2, Further Acts.Assignor, Assignee and the County shall, at any time and from time to time,
upon the reasonable request of the other, take all such further actions as shall be reasonably
necessary to give effect to the transaction contemplated herein.
3. No Third Partv Benelitted. This Assignment is made for the purpose of defining and
setting forth certain obligations, rights, and duties of Assignor, Assignee and the County in
connection with the Lease. lt is made for the sole protection of and benelit to Assignor, Assignee,
and the County. No other person or party shall have any rights of any nature hereunder or by
reason hereof.
4. Counteroarts. This Assignment may be executed in counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and fie same instrument, with
the same effect as ifall parties had signed the same signature page.
5. Lease Amendment. Schedule 2, Additional State of Florida Terms and Conditions.
attached hereto shall be appended to and amend the Lease. In the event of conflict betwccn
Schedule 2 and the Lease, Schedule 2 shall take precedence. Limited changes to the Lease terms
are included in Schedule 2. The Assignee and the County shall review the Lease after execution
of this Assignment to determine if other modifications to the Lease are wananted, as mutually
agreed upon.
6. Soecilic Aoproprietion. The specific appropriation from which the Assignee will make
payments for the first year of the Lease is Line Item 2860A of the 2021-2022 General
Appropriations Act (Chapter 2021-036, Laws of Florida).
7, Miscelleneous. This Assignment shall be binding upon and inure to the benefit of
Assignor, Assignee, and the County, and their respective successors and assigns; shall be governed
by and constnred in accordance with the laws ofthe State of Florida; and shall not be modified or
amended in any manner other than by a written agreement signed by the Assignor, Assignee, and
the County.
JSIGNATURES FOLLOW ON NEXT PAGEI
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Packet Pg. 741 Attachment: Harris Assignment and Assumption CAO 9-29-21 (20197 : Assignment and Assumption of Lease Agreement between L3 Harris
IN WITNESS WHEREOF, Assignor, Assignee, and the county have duly executed this
Assignment and Assumption of Lease Agreement as an instrument under seal as of the day and
year first above written.
ASSIGNOR:
L3HARRIS TECHNOLOGIES, INC., A
Delaware corporation
By:
Name:
Title:
Date:
ASSIGNEE:
STATE OF FLORIDA,
DEPARTMENT OF MANAGEMENT SERVICES,
an agency ofthe State ofFlorida
Name:
Title:
Date
LESSOR/COUNTY:
AS TO THE LESSEE:
DATED:
ATTEST:
Crystal K. Kinzel, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
Penny Taylor, Chair
Approve.l rs r. ,
AlsbtantCortyAttom€ySA-B CAO
l,, v
3
BY:
Deputy Clerk
BY:
q lrl al
By:
-
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Packet Pg. 742 Attachment: Harris Assignment and Assumption CAO 9-29-21 (20197 : Assignment and Assumption of Lease Agreement between L3 Harris
SCHEDULE I
SCHEDULE OF COLLIER COUNTY LEASED SITES
Column I Column 2
L3Harris Site Ntme L3Harris
Site ID No.
CARNESTOWN x601b
IMMOKALEE x603
t-75 EASI x509b
MARCO ISLAND x565
4 o
CrY
16.C.3.a
Packet Pg. 743 Attachment: Harris Assignment and Assumption CAO 9-29-21 (20197 : Assignment and Assumption of Lease Agreement between L3 Harris
SCHEDULE 2
2
ADDITIONAL STATE OF FLORJDA TERMS AND CONDITIONS
lnterpretation and rransfer. As used in this Schedule 2, the term ..Lessor" refers tocollier countv, Florid4 the term "Lessee" refers to the state of Florid4 Department of
Management services, and the term "Lease" refers to the Leas€ as defined in tire Recitals.
In the event of conflict between rhe Lease and this Schedule 2, this Schedule 2 shall take
precedence. Nothing contained herein shall alter the relationship established between the
parties nor the character ofthe Lease, nor shall the use ofthe terms "Lease," ..Lessor." and
"Lessee" alter the relationship, except to the extent required by the terms and conditions
below. In the event the Lease is assigned or transfened io an eniity that is not an agency or
subdivision ofthe State ofFlorida, this Schedule 2 shall terminate.
Amendment to the Le,se. The following provisions supplement and modi$ the terms of
each Lease:
a. Invoices to the Lessee shall be paid in advance and in accordance with section 215.422,
Florida Statutes (F.S.), and Lessor can contact the Vendor Ombudsman at (g50) 413-
5516 if Lessor is having trouble obtaining timely payments. Lessor shall provide
Lessee with an invoice by email to dil1e!. invo4qEljllm!.lll4ev prior to the time
payment is due. Invoices that are not submitted 10 this email address shall not be
deemed submined to the Lessee.
b. Pursuant to section 255.2502, F'.S., the State of Florida's performance and obligation to
pay under the Lease is contingent upon an annual appropriation by the Legislature.
c. The Lease will be govemed by and construed in accordance with the laws of the state
ofFlorida. Exclusivejurisdiction and venue for suit arising under the terms ofthe Leasewill be in the appropriate State court located in Leon County, Florida. Excepr as
otherwise provided by law, rhe parties agr€e to be responsible for their own attomey's
fees incurred in connection with disputes arising under the terms of the Lease.
d' For purposes of all required insurance, Lessee, as an agency of the stare of Florida,
may satisry such obligations by self-insuring, pursuant to sections 440.3g and 76g.2g.
F.S. Proof of sclf-insurance shall be available upon request.
e. The Lessor understands its, and is subcontractors (if any), duty, pursuant to section
20.055(5), F.S., 1o cooperate with the Inspector General in any investigation, audit.
inspection, review, or hearing.
f. The Lessee's Lease manager is:
Luis Lopez
Division of Telecommunications
Department of Management Services
4030 Esplanade Way, Suite 180
Tallahassee, Florida 32399-0950
Telephone: (850) 414-2606
o.Y
Email: luis.lonez dms.fl.sov
5
16.C.3.a
Packet Pg. 744 Attachment: Harris Assignment and Assumption CAO 9-29-21 (20197 : Assignment and Assumption of Lease Agreement between L3 Harris
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ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION oF LEASE AGREEMENT (rhis',Assienment")
is made as olJuly l, 202l,by and between L3HARRIS TECHNOLOGIES, INC., a Dela*are
corporation, formerly known as Harris corporation, on behalf of itself, its affiliates, and
subsidiaries ("Assicnor"), and the STATE OF FLORIDA, DEPARTMENT OF
MANAGEMENT SERYICES, an agency of the State of Florida, (..Assienee"), and this
Assigment is acknowledged and agreed to by cOLLIER couNry, a political subdivision of
the State of Florida ("County").
WITNESSETH:
WHEREAS, Assignor, as 'tenant," and the County, as ..landlord.,' or their respective
predecessors-in-interest, previously entered into a Lease Agreement dated March 26, 2002, as
amended, pursuanl to which Assignor leased from the County the use of space on four (4)
communication to\r'ers and associated ground space identified in Schedule I attached hereto and
incorporated by reference herein (collectively, the ,.!gs!e,,) to allow Assignor to op€rate and
maintain telecommunications equipment for the State ol Ftorida Statewide Law Enforcement
Radio System ("!!ERS") pursuant to the terms of that certain Service and Access Agreement by
and between Assignor and Assignee dated September 28, 2000, as amended to date (the ,.SLERS
Aereement"); and
WHEREAS, on June 30, 2021 . the SLERS Agreement expired and, in accordance with Line Item
2860 ofthe 2021-2022 General Appropriations Act (Chapter 2021 -036, Laws ofFlorida). Assignor
and Assignee entered into a new contact starting on Juty l, 2021 pursuant to which Assignor will
remain responsible for the management and operations ofthe SLERS network; and
\ilHEREAS, in accordance with Chapters 2021-036 and 2021-037, Laws of Florida, Assignor
desires to assign the Lease to Assignee, and Assignee desires to assume the Lease from Assignor
on July l, 2021 (the 'EffeSdyg !A9" of rhe Assignment).
NOW THEREFORE, in consideration of the mutual covenants contained herein and other good
and valuable consideration, the receipt and sufficiency of which hereby are acknowledged,
Assignor, Assignee and the County hereby agree as follows:
l. Assisnment and Assumotion of the Lease. Assignor hereby assigns, transfers, sets over,
and conveys to Assignee, as ofthe Effective Date. all of Assignor's right. title, and interest in, to,
and under the Lease. Assignee hereby accepts the foregoing assignment ofthe Lease and assumes
and agrees to perform and observe all of the obligations, covenants, terms, and conditions to be
performed or observed by Assignor under the Lease, as modified herein, arising on and after the
Effective Date. Assignor shall remain firlly responsible to perform all ofthe obligations, covenanrs,
terms, and conditions required to be performed by Assignor under the Lease before the Effective
Date.
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16.C.3.a
Packet Pg. 745 Attachment: Harris Assignment and Assumption CAO 9-29-21 (20197 : Assignment and Assumption of Lease Agreement between L3 Harris
2.
.
Further Acts. Assignor, Assignee and the county shall, at any time and from time to time,
upon the reasonable request of the other, take all such further aciions as shall be reasonablv
necessary to give effect to the transaction contemplated herein.
3. _ No rhird Pertv Benelitted, This Assignmant is made for the purpose of defining and
setting forth certain obligations, rights, and duties of Assignor, Assignee and the county in
connection with the Lease. It is made for the sole protection of and benefit to Assignor, Assignee.
and the county. No other person or party shall have any rights of any nature hireunder 6r by
reason hereof.
4. counterpsrts. This Assignment may be executed in counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument, with
the same effect as if all parties had signed the same signature page.
5. Leese Amendment. schedule 2, Additional state of Florida Terms and Conditions,
attached hereto shall be appended to and amend the Lease. In the event ol conflict bctwecn
Schedule 2 and the Lease , Schedule 2 shall take precedence. Limitcd changes to the Lease terms
are included in Schedule 2. The Assignee and the County shall review the Lease after execution
of this Assignment to determine if other modifications to the Lease are warranted, as mutually
agreed upon.
6. Soecific Annrooriation . The specific appropriation fiom which the Assignee will make
payments for the first year of the Lease is Line Item 28604 of the 2021-2022 General
Appropriations Act (Chapter 2021-036, Laws of Florida).
7. Miscellaneous. This Assignment shall be binding upon and inure to the benefit of
Assignor, Assignee, and the county, and their respective successors and assigns; shall be govemed
by and construed in accordance with the laws ofthe State ofFlorida; and shall not be modified or
amended in any manner other than by a r.rritten agreement signed by the Assignor. Assignee, and
the County.
ISTGNATURES FOLLOW ON NEXT PAGEI
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16.C.3.a
Packet Pg. 746 Attachment: Harris Assignment and Assumption CAO 9-29-21 (20197 : Assignment and Assumption of Lease Agreement between L3 Harris
IN wlrNESS WHEREOF, Assignor, Assignee, and the county have duly executed this
Assignment and Assumption of Lease Agreement as an instrument under seal as of the day and
year first above written.
ASSIGNOR:
L3HARRIS TECHNOLOGIES, INC., A
Delaware corporation
Name:
Title:
Date
ASSIGNEE:
STATE OF FLORIDA,
DEPARTMENT OF MANAGEMENT SERVICES,
an agency of the State of Florida
By:
Name:
Title
Date:
LESSOR/COUNTY:
AS TO THE LESSEE:
DATED:BOARD OF COI.JNTY COMMISSIONERS,
COLLIER COT]NTY, FLOzuDA
ATTEST:
Crystal K. Kinzel, Clerk
Penny Taylor, Chair
Approvcd as to form and legality
3
BY:
Deputy Clerk
BY:
Assistant County Attomcy
Bv:
16.C.3.a
Packet Pg. 747 Attachment: Harris Assignment and Assumption CAO 9-29-21 (20197 : Assignment and Assumption of Lease Agreement between L3 Harris
SCHEDULE I
SCHEDULE OF COLLIER COUNTY LEASED SITES
Column I Column 2
L3Harris Site Name L3Harris
Site ID No.
CARNESTOWN x501b
IMMOKALEE x603
r-75 EAST x609b
MARCO ISLAND x666
4
o4
16.C.3.a
Packet Pg. 748 Attachment: Harris Assignment and Assumption CAO 9-29-21 (20197 : Assignment and Assumption of Lease Agreement between L3 Harris
SCHEDULE 2
5
o6
ADDITIONAL STATE OF FLORIDA TERMS AND CONDITIONS
l. Interpretrtion and rransfer. As used in this schedule 2, the term ..Lessor,, refers tocollier county, Florid4 the term "Lessee" refers to the State of Florida, Department of
Managcmenl services, and the term "Lease" refers to the Lease as defined in the Recitals.
In the event ofconflict between the Lease and this Schedule 2, this Schedule 2 shall take
precedence. Nothing contained herein shall alter the relationship eslablished between the
parties nor the character ofthe Lease, nor shall the use ofthe terms "Lease," ..Lessor,', and
"Lessee" alter the relationship, except to the extent required by the terms and conditions
below. In the event the Lease is assigned or $ansferred io an eniity that is not an agency or
subdivision ofthe State ofFloridq this Schedule 2 shall terminate.
2. Amendment to the Lease. The following provisions supplement and modiS the terms of
each Lease:
a. Invoices to the Lessee shall be paid in advance and in accordance with section 215.422.
Florida Stat,tes (F.S.), and Lessor can contact the Vendor ombudsman ar (g5o) 413-
5515 if Lessor is having trouble obtsining timely payments. Lessor shall provide
Lessee with an invoice by email to dirtel. invoices@Lns.fl. gotl prior to the time
payment is due. Invoices that are not submitted to this email address shall not be
deemed submitted to the Lessee.
b. Pursuant to s ecrior, 255.2502, F.s., the state of Florida's performance and obligation to
pay under the Le:se is contingent upon an annual appropriation by the Legisliture.
c. The Lease will be govemed by and construed in accordance with the laws of the State
ofFlorida' Exclusivejurisdiction and venue for suit arising under the terms ofthe Leasewill be in the appropriate State court located in Leon County, Florida. Except as
otherwise provided by law, the parties agree to be responsible for their own attomey's
fees incurred in connection with disputes arising under the terms ofthe Lease.
d. For purposes of all required insurance, Lessee, as an agency of the state of Florid4
1l1y satisry such obligations by self-insuring, pursuant to sections 440.3g and 76g.2g,
F.S. Proof of self-insurance shall be available upon request.
e' The Lessor understands its, and its subcontracrors (if any), duty, pursuant to section
20.055(5), F.S., to cooperate with the Inspector General in any investigation, audit,
inspection, review, or hearing.
f. The Lessee's Lease manager is:
Luis Lopez
Division of Telecommunications
Department of Management Sen'ices
4030 Esplanade Way, Suire 180
Tallahassee, Florida 32399-0950
Telephone: (850) 414-2606
Email: luis.lopezl@dms. tl.eo\..
16.C.3.a
Packet Pg. 749 Attachment: Harris Assignment and Assumption CAO 9-29-21 (20197 : Assignment and Assumption of Lease Agreement between L3 Harris
16.C.3.b
Packet Pg. 750 Attachment: Harris Original Lease Agreement (20197 : Assignment and Assumption of Lease Agreement between L3 Harris Technologies
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Packet Pg. 758 Attachment: Harris Original Lease Agreement (20197 : Assignment and Assumption of Lease Agreement between L3 Harris Technologies
16E 16
ASSUMTTION AGREEMENT
This Assumption Agrcement is made and entered into as of July 28, 2009, by and
between Harris Corporation, a Delaware corporation ("Hanis"), M/A-COM, Inc., a Florida
corPoration C'M/A-COM), and Collier County, a political subdivision of the State of Florida
(the "County").
WHEREAS, on October 26, 1994, the County Board of County Commissioners (the
"Board") approved contract # 94-2201 with Ericsson, Inc., for construction of the 800 MHz
trunked radio system (attached hereto as Exhibit A) ("Contract # 94-2m1."), and subsequent to
that award, the Board approved maintenance, software, and purchase agreements with Ericsson,
Inc. and its successors, Com-Net Ericsson, Inc. and M/A COM, a subsidiary of Tyco Electronics
Ltd. ('TE'), including (1) the System Purchase Contract, dated August 3.], X)Oz, between M/A-
COM and the Board and (2) the EDACS Systems Maintenance Agreement by and between IWA-
COM and the County dated November 17,1999 (collectively (l) and (2), together with Conrract
# 94-2207, each as modified, amended or supplemented, together with all orders issued
thereunder or in connection therewith and together with all exhibits, schedules and annexes
thereto, the "Agreement"); and
WHEREAS, the Agreement remains in force and is used by the County and multiple
agencies operating on the County's 8fi) MHz radio system; and
WHEREAS, Harris hereby represents to the County that, by virtue of an asset purchase
agreement between Harris, TE and an affiliate of TE dated April 16, 2fi)9, Harris is an assigree
of M/A-COM in relation to the Agreement; and
WHEREAS, the parties wish to formalize Harris' assumption of rights and obligations
under the Agreement, effective a^s of the date first above written.
NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption
Agreemenl and for other good and valuable consideration, the receipt and sufficiency of which
are acknowledged by the parties, it is agreed as follows:
1. Hanis accepts and assumes all rights, duties, benefits, and obligations under the
Agreement, including all existing and future obligations to pay and perform under the Agreement
as provided therein.
2. County hereby acknowledges and agrees (i) that the sale of the Wireless Systems
Business of TE to Harris (the "Transaction") that was closed on May 29,2fi)9 does not require
further consent by the County and is not deemed to be a default or breach under the Agrcement
(including, without limitation, by reason of the assignment of the Agreement), (ii) that the
Agreement will remain in firll force and effect, (iii) that no tcrmination of the Agreement will
occur as a result of the Transaction (including, without limitation, by reason of the assignment of
the Agreement), (iv) that all notice and other requirements under the Agreement are satisfied
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16.C.3.c
Packet Pg. 759 Attachment: Assumption Agreement (20197 : Assignment and Assumption of Lease Agreement between L3 Harris Technologies (Assignor)
16E t6
with respect to the Transaction and (v) that, as of July 28,2m9, neitlrer TE nor M/A-COM nor
any of their affiliates shall have any further obligations or liabilities under the Agreemenr.
3. Except as expressly stated herein or in the Agreement, no further supplements to,
or modifications of, the Agreement are currently contemplated by the parties.
4. Notice required under the Agreement to be sent to Harris shall be directed to:
Harris Coqporation
101I Pawtucket Blvd.
L-owell, MA 01854
Attention: Chuck Dougherty
5. The County hereby consenls to the assignment of and Harris' assumption of, the
Agreement and the rights and obligations thereunder. Nothing herein shall be construed to grant
or authorize any waivers of performance or extensions of time to perform under the Agreement.
The County will treat Hanis as the firm under contract for all purposes under the Agleement.
IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption
Agreement, effective as of the date first above written.
FOR COLLIER COUNTY:
fiL***",BOARD OF COUNTY COMMISSIONERS
COLLIER UNTY, FTORIDA
Jr-zBy:
FOR
By:
c
CORPORATION:
DONNA FIAI.A, CHAIRMAN
Attest:C
Co cretary
r$*;rl;fr|I
r- l6-oq
2
Date Date: /
,
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Packet Pg. 760 Attachment: Assumption Agreement (20197 : Assignment and Assumption of Lease Agreement between L3 Harris Technologies (Assignor)
16E 16
FORM/A4OM, INC.:
By:
Date:4-/d-0?
Attest:
{rs l, CorPorate
Date: a-i6'A7
to form sufficiencv:
By:
R. Teach,
Deputy County Attomey
tkEJb
Agsrda
Datc
DE
Rs'd
Itom *
3
\zta
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Packet Pg. 761 Attachment: Assumption Agreement (20197 : Assignment and Assumption of Lease Agreement between L3 Harris Technologies (Assignor) and