Backup Documents 06/22/2021 Item #16C 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO i 6 C g
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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 Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney
"SAD -3,41115 /z7
2. BCC Office Board of County
Commissioners I✓rlb /Y/4 y/27/42
3. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
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 Michael Dowling Phone Number 8743
Contact/ Department
Agenda Date Item was June 22,2021 Agenda Item Number 16 C 9
Approved by the BCC
Type of Document Third Amendment to Lease Agreement Number of Original 2
Attached Documents Attached
PO number or account
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? N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
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
signed by the Chairman,with the exception of most letters,must be reviewed and signed MD
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A
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 MD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 6-22-2021 ***,and all changes made MD N/A is not
during the meeting have been incorporated in the attached document. The County // an option for
1 �
Attorney's Office has reviewed the changes,if applicable. ( "2 this line.
9. Initials of attorney verifying that the attached document is the version approved by the MD N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. 94h� this line.
*** See `Note' on attached memo to Madison Bird
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16CQ
BirdMadison
From: DowlingMichael
Sent: Wednesday, May 4, 2022 9:27 AM
To: BirdMadison
Subject: RE: Agenda Item 16C9
Yes, a color copy would be great!
From: BirdMadison <Madison.Bird@colliercountyfl.gov>
Sent:Tuesday, May 3, 2022 11:00 AM
To: DowlingMichael <Michael.Dowling@colliercountyfl.gov>
Subject:Agenda Item 16C9
Good afternoon,
I am inquiring for the Clerk's office about your memo attached to Item 16C9 of the 6/22/21 meeting (Sprint
Lease Agreement). You asked them to send you a scan and an original copy in the mail. But you only provided
one original in your packet. Did you mean to ask for a color copy be sent to you via physical mail? The Clerk
always keeps the original, unless 2 originals are provided.
Madison Bird
Legal.Assistant, Notary
Office of the County Attorney
•
239-252-2939
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
16C9
MEMORANDUM
Date: May 4, 2022
To: Michael Dowling, Property Acquisition Specialist
Facilities Management Department
From: Martha Vergara, Sr. Deputy Clerk
Boards Minutes & Records Department
Re: 3rd Amendment to Lease Agreement
Sprint Spectrum Realty Company, LLC
Attached are two originals of the document referenced above (Item #16C9)
approved by the Board of County Commissioners on Tuesday, June 22, 2021.
Attached is a certified fully executed original back to the Board's Minutes and
Records Department to be kept as part of the Board's Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachment
16C9
Memorandum
To: Minutes and Records
Clerk to the Board
From: Michael Dowling
Senior Property Management Specialist
Real Property Management
Date: April 25, 2022
Subject: Third Amendment to Lease Agreement—Sprint Spectrum Realty Co.
BCC: June 22, 2021
Item: 16 C 9
Please attest and provide me with a scanned copy and one original in interoffice mail
please.
Please contact me at extension 8743 with any questions.
Thank you and best regards,
Michael
DocuSign Envelope ID:39497D0D-3481-4B35-A383-52027FCE74DC
I CQ
THIRD AMENDMENT TO LEASE AGREEMENT
This Third Amendment to Lease Agreement (the "Amendment") is effective as of
eui(e- i1', 2021 (the "Effective Date") and is by and between Collier County, a political
subdivision of the State of Florida ("Lessor") and Sprint Spectrum Realty Company, LLC (formerly
a limited partnership), successor in interest to Sprint Spectrum L.P Lessee") (each a "Party", or
collectively,the "Parties").
Lessor and Lessee (or their predecessors-in-interest) entered into that certain Lease
Agreement dated July 27, 2004, including that certain "First Amendment To Lease Agreement"
dated September 12,2006;and including that certain "Second Amendment To Lease Agreement"
dated July 8, 2014 (including all amendments, collectively,the "Lease") regarding the ("Demised
Premises") located at 3315 Tamiami Trail, Building "L", Naples, FL 34112 (the "Property").
For good and valuable consideration, Lessor and Lessee agree to Amend the Lease
Agreement as follows:
1. Article 2, Term of Lease, is amended to add the following:
At the expiration of the Lease, the Term of the Lease will automatically be extended for
five (5) additional and successive five (5)year terms (each a "Renewal Term"), provided,
that Lessee may elect not to renew by providing Lessor at least thirty (30) days' notice
prior to the expiration of the then current term or Renewal Term.
2. Article 3, Annual Rent and One Time Contribution, is amended to add the following:
At the commencement of the Renewal Term starting on December 6, 2024, Lessee shall
pay Lessor annual rent in the amount of Fifty-Four Thousand and 00/100 Dollars
($54,000.00) per year (the "Rent"). Where duplicate Rent would occur, a credit shall be
taken by Lessee for any prepayment of Rent by Lessee. Rent shall be adjusted on the first
day of the second Renewal Term, and each subsequent Renewal Term, by an amount
equal to ten percent (10%) over the Rent for the immediately preceding Renewal Term.
This new Rent and Rent adjustment shall supersede and replace any prior rent and rent
adjustments.
3. Lessor consents that modifications to the Demised Premises by Lessee, in accordance
with Article 5 of the Lease agreement, and shall be completed with no additional
consideration.
4. Lessee may terminate the Lease without further liability and with ninety(90) days' notice,
for any or no reason during any Renewal Term.Any prepaid Rent for any time period after
the termination date shall be refunded to Lessee within ninety (90) days of termination.
6NC11235 NLG-42268 AMD 1543271 1
Sprint Site ID:M185XC005/6NC1123S 10/14/20
Sprint Lease ID:1543271
DocuSign Envelope ID:39497D0D-3481-4B35-A383-52027FCE74DC
I6C9
5. Lessor shall be responsible for maintaining all portions of the Property in good order and
condition, including without limitation, plumbing, elevators, the roof and support
structure, landscaping and common areas, as applicable.
6. Should temporary relocation of the Antenna Facilities be required for Lessor repairs to a
building or the Demised Premises, then: (i) Lessor may require Lessee to temporarily
relocate Lessee's Antenna Facilities once per each Renewal Term of the Lease
("Temporary Relocation"); (ii) Lessor shall provide Lessee at least six(6) months' written
notice of any repairs, maintenance or other work(the "Work")which would require said
temporary relocation; (iii) the Work will not limit or interfere with Lessee's Permitted
Uses; and (iv) Lessor will reimburse Lessee for all expenses incurred by Lessee required to
accommodate the Work. Lessee may elect to install a temporary communications facility
(e.g.a "cell on wheels,"or"COW")in another mutually agreeable location on the Property
that provides Lessee coverage and service levels similar to those of the Antenna Facilities
at the original location, while the Work is being performed. Lessee shall have the right to
reinstall its Antenna Facilities immediately upon the completion of the Work.
7. Article 13, Notices, is replaced with the following:
All notices, requests, demands and other communications shall be in writing and shall be
deemed to have been delivered upon receipt or refusal to accept delivery, and are
effective only when deposited into the U.S. certified mail, return receipt requested, or
when sent via a nationally recognized courier to the addresses set forth below. Lessor or
Lessee may from time to time designate any other address for this purpose by providing
written notice to the other Party.
If to Lessee: If to Lessor
Sprint Property Services Collier County, Board of County
Sprint Site ID: M185XC005/6NC1123S Commissioners
Mailstop KSOPHD0101-Z2650 c/o: Real Property Mgmt. Dept.
6220Sprint Parkway 3335 Tamiami Trail, Suite 101
Overland Park, Kansas 66251-2650 Naples, FL 34112
With a copy to:
Sprint Law Department
Sprint Site ID: M185XC005/6NC1123S
Attn.: Real Estate Attorney
Mailstop KSOPHD0101-Z2020
6220 Sprint Parkway
Overland Park, Kansas 66251-2020
2
Sprint Site ID:M185XC005/6NC1123S 10/14/20
Sprint Lease ID:1543271
DocuSign Envelope ID:39497D0D-3481-4B35-A383-52027FCE74DC
IAC9
8. Lessee and Lessor will reasonably cooperate with each other's requests to approve permit
applications and other documents related to the Property without additional payment or
consideration.
9. Lessor will execute a Memorandum of Agreement at Lessee's request. If the Property is
encumbered by a deed, mortgage or other security interest, Lessor will also execute a
subordination, non-disturbance and attornment agreement.
10. Any charges payable under the Lease other than Rent shall be billed by Lessor to Lessee
within twelve (12) months from the date in which the charges were incurred or due;
otherwise the same shall be deemed time-barred and be forever waived and released by
Lessor.
11. Except as expressly set forth in this Amendment, the Lease otherwise is unmodified. To
the extent any provision contained in this Amendment conflicts with the terms of the
Lease, the terms and provisions of this Amendment shall control. Each reference in the
Lease to itself shall be deemed also to refer to this Amendment.
12. This Amendment may be executed in duplicate counterparts, each of which will be
deemed an original. Signed electronic, scanned, or facsimile copies of this Amendment
will legally bind the Parties to the same extent as originals.
13. Each of the Parties represents and warrants that it has the right, power, legal capacity and
authority to enter into and perform its respective obligations under this Amendment.
Lessor represents and warrants to Lessee that the consent or approval of a third party has
either been obtained or is not required with respect to the execution of this Amendment.
14. This Amendment will be binding on and inure to the benefit of the Parties herein, their
heirs, executors, administrators, successors-in-interest and assigns.
Signatures on the following page.
3
Sprint Site ID:M185XC005/6NC1123S 10/14/20
Sprint Lease ID:1543271
DocuSign Envelope ID:39497D0D-3481-4B35-A383-52027FCE74DC
16Cc
IN WITNESS, the Parties execute this Amendment as of the Effective Date.
LESSEE:
Sprint Spectrum Realty Company, LLC
By: f-iltit!kukori-
Ana Hemmert
Print Name:
Director Technology Procurement .,,
Title: o
Approved g T-Mobile Legal Approval By.
4/13/2022
Dater
TMO Signatory Level:L06,SLO6
AS TO LESSOR BOARD OF COUNTY COMMISSIONERS,
ATTEST: G . a a"1 /6 6- COLLIER CO '' - I 'IDA
CRYSAL , KINZEL, lerk
2 ._ '/ , i t I/ ve, BY: ce....31apro
AttostNto' •
'C!T r , De:uty Clerk
signature 910 'illiam L. McDaniel, Jr., Chairman
Approv=,. ..- - I. and legality:
., :
IC,, (1114L4,A,, C 44 14-1t
6NC1123S NLG-42268 AMD 1543271 4
Sprint Site ID:M185XC005/6NC1123S 10/14/20
Sprint Lease ID:1543271