Agenda 04/09/2024 Item #11C (Consider alternatives for the Communication Tower site at Max A. Hasse Jr. Community park)04/09/2024
EXECUTIVE SUMMARY
Recommendation to consider alternatives for the Communication Tower site at Max A. Hasse Jr. Community
Park and direct the County Manager or designee to either: 1) take no action allowing the existing lease to
expire on May 30, 2024, pursuant to Crown Castle’s termination notice, and authorize the County Manager
or designee to proceed with competitive selection of a wireless communication tower tenant at Max Hasse
Community Park or; 2) update Ground Lease terms with Crown Castle Towers 0 6-2 LLC, a subsidiary of
Crown Castle USA, and return to the Board for approval of the updated Ground Lease at a future meeting.
OBJECTIVE: To evaluate options for construction of a communications tower at Max A. Hasse Jr. Community
Park (“Community Park”.)
CONSIDERATIONS: Crown issued a Termination of Ground Lease Agreement for the communications tower,
effective May 30, 2024, in accordance with the 90-day termination requirement outlined in the Lease. Without
Board action by May 30, 2024, the Ground Lease will automatically terminate.
On June 10, 2010, New Cingular Wireless PCS, LLC entered into a Ground Lease Agreement for Communications
Tower (“Lease”) with Collier County for the construction of a 160’ tower at the Community Park. On December
16, 2013, the Lease was assigned to CCATT, LLC, a subsidiary of Crown Castle USA, Inc. On January 26, 2016,
the County and Crown Castle Towers 06-2 LLC, a successor to New Cingular Wireless PCS, LLC entered into a
First Amendment to Ground Lease Agreement. On May 24, 2016, the County and Crown Castle Towers 06-2 LLC
(“Crown”) entered into an Amended and Restated First Amendment to Ground Lease Agreement.
The lease term spans 30 years, consisting of an initial 10-year term with 4 automatic renewal terms, unless Crown
elects to terminate with a 90-day notice prior to renewal. The County may only terminate the lease if Crown is in
default, providing Crown an opportunity to cure. Crown may terminate at any time with 90 days’ notice. If not
terminated, the lease expires March 5, 2041.
The rent is up to date, with the most recent payment for 2024 totaling $78,368.06. Rent is paid annually, and to
date, Collier County has received approximately $650,000.
The tower has not been constructed and Crown has cited economic factors for the delay. Crown has expressed its
desire to proceed with construction and has proposed renegotiating the lease terms to overcome these economic
challenges.
Crown proposes as renegotiated terms.
1. Reduce rent to $2,500 month with 3% annual escalator, effective January 2024. For comparison, rent paid
for 2024 was equal to $ 6,530.57 per month.
2. County has the right, but not the obligation, to terminate the ground lease if Crown does not erect the tower
within two years of the Board’s approval of the updated lease. Crown’s existing termination rights do not
change.
3. Retain Collier County reserved rights on tower (155’ and 105’ RAD centers with 10’ windows each). Add
Collier County reserved rights on ground (10’ x 10’). Eliminate Crown provided Air- Conditioned Shelter,
power connections, and free monthly electricity to County.
4. Increase tower height from 160’ to 195’ (195’ would allow 3 major operators to install with 12’ unique
windows ABOVE Collier County at their 155’ Centerline.) Revise lease to state non stealth monopole (not
flagless monopole).
5. Increase/ground space area from current 25’ x 35’ (875 sq ft) to at least 60’ x 35’ (2100 sq ft) so Crown
may accommodate all three major customers (AT&T, Verizon, T-Mobile) with generators, plus provide
Collier County 100’ sq feet. Depending on buffering requirements additional ground space may be
negotiated.
6. Extend term an additional 30 years with would extend the term to 2071.
11.C
Packet Pg. 336
04/09/2024
Staff recommends the following renegotiated terms:
1. Reduced rent to $3,000/month will commence once the communication tower receives a certificate of
completion.
2. If the tower is completed within 18 months following the Board’s approval of the updated lease, Crown
will receive a 100% credit of any rent paid in excess of $3,000 per month, dating back to the effective date
of the updated lease. This credit will be applied towards future rent payments.
3. Include terms for specified aesthetic guidelines to ensure that the tower meets the vi sual standards of the
Community Park. Additional ground space may be negotiated to accomplish these goals.
4. Crown continues to bear all costs associated with the construction of the tower such as zoning and
permitting approvals, etc.
5. County standard terms such as insurance and indemnification terms, etc. to be included.
The County's Public Safety staff has been actively engaged in discussions with Crown to secure ongoing rights for
the County to occupy space on the tower for emergency purposes. If the Board decides to go forward with Crown,
staff, in coordination with the County Attorney’s Office will develop an updated lease document that includes the
terms and also incorporates the recommendations of the County's Public Safety staff.
An alternative is to competitively solicit a new lease for the construction of the tower, with the Board approving the
final selection. Using a solicitation, the projected timeline for constructing the tower is expected to extend over a
minimum of three years. This schedule includes competitive solicitation, lease development, site and tower design,
permitting and regulatory approval, tower fabrication, site preparation, and tower construction.
FISCAL IMPACT: There is no fiscal impact to this item. If this item is approved, an updated lease will be
prepared and presented to the Board for approval.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for approval. -SAA
RECOMMENDATION: To consider alternatives for the Communication Tower site at Max A. Hasse Jr.
Community Park and direct the County Manager or designee to either: 1) take no action allowing the existing lease
to expire on May 30, 2024, pursuant to Crown Castle’s termination notice, and authorize the County Manager or
designee to proceed with competitive selection of a wireless communication tower tenant at Max Hasse Community
Park or; 2) update Ground Lease terms with Crown Castle Towers 06-2 LLC, a subsidiary of Crown Castle USA,
and return to the Board for approval of the updated Ground Lease at a future meeting.
Prepared By: Jennifer A. Belpedio, Manager, Facilities
ATTACHMENT(S)
1. Lease Abstract - Cell Tower Max Hasse (PDF)
2. Max Hasse Park Tower Cingular Wireless Executed Lease (PDF)
3. Crown Castle Amended and Restated 2016 (PDF)
4. Termination of Lease Agreement (PDF)
11.C
Packet Pg. 337
04/09/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.C
Doc ID: 28458
Item Summary: Recommendation to consider alternatives for the Communication Tower site at Max A. Hasse Jr.
Community Park and direct the County Manager or designee to either: 1) take no action allowing the existing lease
to expire on May 20, 2024, pursuant to Crown Castle’s termination notice, and authorize the County Manage r or
designee to proceed with competitive selection of a wireless communication tower tenant at Max Hasse Community
Park or; 2) update Ground Lease terms with Crown Castle Towers 06 -2 LLC, a subsidiary of Crown Castle USA,
and return to the Board for approval of the updated Ground Lease at a future meeting. (Ed Finn, Deputy County
Manager)
Meeting Date: 04/09/2024
Prepared by:
Title: Property Acquisition Specialist – Facilities Management
Name: Sonja Stephenson
04/01/2024 10:17 AM
Submitted by:
Title: – Facilities Management
Name: John McCormick
04/01/2024 10:17 AM
Approved By:
Review:
Facilities Management John McCormick Director - Facilities Completed 04/01/2024 10:32 AM
Facilities Management Jennifer Belpedio Manager - Real Property Completed 04/02/2024 2:53 PM
Emergency Management Nathaniel Hinkle Other Reviewer Completed 04/02/2024 3:07 PM
Growth Management Community Development Department Mike Bosi GMCDD Reviewer Completed 04/03/2024 11:21 AM
Zoning Mike Bosi GMCDD Reviewer Completed 04/03/2024 11:22 AM
County Attorney's Office Carly Sanseverino CAO Reviewer Completed 04/03/2024 3:24 PM
County Attorney's Office Sally Ashkar Other Reviewer Completed 04/03/2024 3:39 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/03/2024 3:44 PM
Office of Management and Budget Laura Zautcke OMB Reviewer Completed 04/03/2024 3:49 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/03/2024 3:55 PM
County Manager's Office Ed Finn Level 4 County Manager Review Completed 04/03/2024 4:47 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/09/2024 9:00 AM
11.C
Packet Pg. 338
Facilities Management Building · 3335 Tamiami Trail E Suite 102 · Naples, Florida 34112 · 239-252-8380
CELL TOWER LEASE ABSTRACT
Cell Tower Ground Lease Agreement for Communications Tower
Max Hasse Jr. Community Park
Prepared: November 11, 2023
Landlord: Collier County, a political subdivision of the State of Florida
Tenant: CCATT, LLC, a Delaware limited liability company and
subsidiary of Crown Castle USA Inc.
Property Address: Max Hasse Jr. Community Park
3396 Golden Gate Blvd. West (Premises on Lease)
Access: Article 1 of Restated First Amendment to Ground Lease Agreement
for Communications Tower -- Non-exclusive access easement
granted to Tenant for ingress and egress for the installation and
transmission for utilities
Lease Term: 10 years commencing on date Tenant starts construction or within
270 days after executed by County, whichever occurs first. Tower
construction not started. Lease executed by County on June 8,
2010.
Commencement Date: March 5, 2011 (270 days from Landlord Execution)
Options to Extend Term: 4 automatic renewals of 5 years unless Tenant notifies County of
intention to not renew at least 90 days prior to the end of the
current term.
Expiration Date: March 5, 2021 (10 year initial term)
March 5, 2026 (first renewal term)
March 5, 2031 (second renewal term)
March 5, 2036 (third renewal term)
March 5, 2041(fourth renewal term)
Termination: County may terminate for cause only. See Article 2 and Article 11
of the Lease. Article 11 allows County to terminate for
abandonment of premises or discontinuation of Tenant’s operation
11.C.1
Packet Pg. 339 Attachment: Lease Abstract - Cell Tower Max Hasse (28458 : Max Hasse Tower Crown Lease)
Facilities Management Building · 3335 Tamiami Trail E Suite 102 · Naples, Florida 34112 · 239-252-8380
after 30 day opportunity to cure. Tenant may terminate, with or
without cause, at any time by providing 90 days advanced notice.
Rent: Due on the first day of the month following the commencement
date which is April 1.
Rent has been paid in full. 2023 payment: $74,636.25
Started at $40,000 per year (annually increased by 5% or by the
percentage increase in the CPI, whichever figure is higher.) Tenant
responsible for all costs associated with maintenance and
replacement of the tower.
Utilities: Tenant to pay all utility charges.
Allowable Use /Premises: Article 1 of Restated First Amendment to Ground Lease Agreement
for Communications Tower --- A 25 X 30 foot section of property
to erect a free standing flagless monopole flagpole
communications tower to be no higher than 160 feet above natural
grade, etc.
Zoning: Communications tower may be used on the premises pursuant to
LDC 2.03.05A.4a;2.03.05A; 2.03.05.A.3 and 2.01.02.A.4 which
allows communication tower in the Public Use District (P) as an
Essential Services because it is being used for a government/public
use.
Assignment: Allowed with County consent.
Sublease: Allowed to sublease or license premises or any portion of the
tower to others for the purpose of radio transmission and
communications services.
Miscellaneous Provisions: Article 1 of Restated First Amendment to Ground Lease Agreement
for Communications Tower – Tenant to provide County at no cost
two locations on the monopole…for County to operate any
communications or surveillance equipment not or in the future, as
deemed necessary by County, etc.
11.C.1
Packet Pg. 340 Attachment: Lease Abstract - Cell Tower Max Hasse (28458 : Max Hasse Tower Crown Lease)
Facilities Management Building · 3335 Tamiami Trail E Suite 102 · Naples, Florida 34112 · 239-252-8380
Leases and Amendment(s): 1) Ground Lease Agreement for Communications Tower, dated
June 8, 2010.
2) Amended and Restated First Amendment to Ground Lease
Agreement for Communications Tower, dated May 24, 2016.
Prepared by: Jennifer A. Belpedio, Manager Real Property
11.C.1
Packet Pg. 341 Attachment: Lease Abstract - Cell Tower Max Hasse (28458 : Max Hasse Tower Crown Lease)
11.C.2
Packet Pg. 342 Attachment: Max Hasse Park Tower Cingular Wireless Executed Lease (28458 : Max Hasse Tower Crown Lease)
11.C.2
Packet Pg. 343 Attachment: Max Hasse Park Tower Cingular Wireless Executed Lease (28458 : Max Hasse Tower Crown Lease)
11.C.2
Packet Pg. 344 Attachment: Max Hasse Park Tower Cingular Wireless Executed Lease (28458 : Max Hasse Tower Crown Lease)
11.C.2
Packet Pg. 345 Attachment: Max Hasse Park Tower Cingular Wireless Executed Lease (28458 : Max Hasse Tower Crown Lease)
11.C.2
Packet Pg. 346 Attachment: Max Hasse Park Tower Cingular Wireless Executed Lease (28458 : Max Hasse Tower Crown Lease)
11.C.2
Packet Pg. 347 Attachment: Max Hasse Park Tower Cingular Wireless Executed Lease (28458 : Max Hasse Tower Crown Lease)
11.C.2
Packet Pg. 348 Attachment: Max Hasse Park Tower Cingular Wireless Executed Lease (28458 : Max Hasse Tower Crown Lease)
11.C.2
Packet Pg. 349 Attachment: Max Hasse Park Tower Cingular Wireless Executed Lease (28458 : Max Hasse Tower Crown Lease)
11.C.2
Packet Pg. 350 Attachment: Max Hasse Park Tower Cingular Wireless Executed Lease (28458 : Max Hasse Tower Crown Lease)
11.C.2
Packet Pg. 351 Attachment: Max Hasse Park Tower Cingular Wireless Executed Lease (28458 : Max Hasse Tower Crown Lease)
11.C.2
Packet Pg. 352 Attachment: Max Hasse Park Tower Cingular Wireless Executed Lease (28458 : Max Hasse Tower Crown Lease)
11.C.2
Packet Pg. 353 Attachment: Max Hasse Park Tower Cingular Wireless Executed Lease (28458 : Max Hasse Tower Crown Lease)
AMENDED AND RESTATED FIRST AMENDMENT
TO GROUND LEASE AGREDMf,NT FOR COMMUNICATIONS TOWER(incorporating and superseding prior Firrt Am€ndment)
[Pine Ridge J
THIS AMENDED AND RESTATED FIRST AMENDMENT TO GROUND LEASE
i:1T":II^ioR^coMMUNrcArroNs rowER (;his;R;slared Fil.sr Amend;"n,;y, *,.i.a into
li:"3Giy# ##*6mil{illiT.,},11,;:i,,i#,} 3H,X?,.11i:'1,31 T: ::Jil;.jJff ismailing add_ress is 2000 Corporaie. Drive, banonsburg, p"'rrryl""ri, I 53 I ?. 5u6g6s561 1o New
,Cingular
wireless PCS' LLC' a Deraware limited Jiability .o-rp.ry, 'rl"r"iran", referred to as ,,LESSEE,,, andcollier county, a politicar subdivision ofthe state orriotiu, *tor" mailing address ig in "*" or n.utProperty Management, 3335 East Tamiami rrair, Naptes,
'Florida
34112] hereinafter ..i.r"i'a *.LESSOR',
WIl'NESSETH
WHEREAS, New cingular wireress pcs, LLC. entcred into a cround Lease Agreement for
communications l'ower ("Lease") on June g,2010 with LESSOR, rvhich rvas assigned to c6Rtr LLC, a
f_elayare limited Iiability company and subsidiary of Crown Castle USA Inc., f,ursuant to that certain
Membership Interest Assignment and Assumption Agreement dated December 16,2013;
WHEREAS' Lessor and Crown Castle 'Iowers 06-2 LLC entered into that certain First Amendment to
Ground Lease Agreemenl for Communications Torver dated January 26, 20r6 (the ..First Amendment,,);
WHEREAS, by this Restated First Amendmenl LESSEE and LESSOR now desire to correct, amend and
restate the First Amendment so that crown castle Towers 06-2 LLc is replaced with ccAT'r LLC, the
proper entity name; and
NOW, TI{EREFOIIE, in consideration of the covenants and agreements provided within the said Lease
dated June 8, 2010, and Ten Dollars ($10.00) and other valuable consideration, the Lease is hereby
amended as follows:
l. Article I of the Lease is hereby deleted in its entirety and the lollorving provision is substituted in its
place:
ARTICLI l. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR a twenty-five (25)
foot by thirty (30) foot section of property located at the Max Hasse Park in order to erect a free-
standing flagless monopole communications tower to be no higher than one hundred and sixty feet
above natural $ade, at the base of the tower to the top of the tower, including any antennae molnted
10 the tower, along with related improvements, which will include ground equipment cabinet(s)
(collectively, the "Tower"), which rvill be located al Max Hasse park, 3396 Goldcn Gate Blvd,
Naples, Florida, which is further described in Exhibit "A" and which is attached herero and made a
pan ofthis Lease, hereinafter referred to as the "Demised Premises," situated in the County of Collier
and the Statc of Florida. All improvements shall be approved by LESSOR applying, and subject to,
the lerms contained in Article 5 of {he Lease.
Site Namc:Pinc Ridgc ll
l oc IDi 8168 2623
BtJN: 857506
、3247,節 い)/ae7
11.C.3
Packet Pg. 354 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
SuttCCt tO thc tcrlns and collditions listed in thc Short Fonll Tower Liccnsc Agreemellt
attacilcd hcrcto as Exhibit'`B",LESSEE shall providc l″ESSOR,witlloLit any rcllt coSt tO LESSOR,
two(2)locat101ls on the monopolc at a heigilt of onc hllndred i対 ―flVC Feet(155り and at a hcight of one
llundred ivc ft・ et(105り 1■Order br LESSOR to operate al、y contmtinica6ons or stirveillance equiprllent,
now orin the htじ re,as dcel■ed necessatt by LIESSOR.LESSEE shttl also provide to LESSOIR,at no
oOst to l′ESS()R,(l fcnced area to accomnlodate an above‐ground equipme1lt ct3binet and diesel gcnerator
おr LESSOR'S sh6il・ ed use.I″ESSEE slla∥pay the cost ofI′ESSOR'S nlonthly electric service at this site
by plovidingヽ vo 30 AⅣIP breakcrs.LESSOR sha∥be rcsponsible for tllc cost of pllrchasing its own
antcnna and 3or installins and opcrating its alltcllna.
LESSEE shali bc rcsponsibic br all oosts associated 、vith the lllaintenancc alld replacement of the
・
i｀owcr thloughollt thc lifo of tllis L86e,Not、viths熊 11)din3 ally provision in this Lcasc,intludillg AFtiCle 7
and Alticle 17,tIPon thC tenllination or expiration of thc Lcasc)LESSOIR sllall dircct LESSEE to reinovc
the Towe:・ and rcplacc salllc witll a ligilt polc as originally placccl upon tho Delalised I)rclniscs by
LESSOR.
I′ESSEE shall be rcquircd to obtain thc rcquired usc pe■1lit(S)(00nditional ol otherlvisc)for
constructtn3 and Opcra饉 113 thC COlunlunicaHons lowcr and the shcLcr(s)at thC Dcmiscd Prcmises pursuant
to t1losc tcr:lls outiincd ill thc Conicr countv I“alld Devclopmcnt Code and aH applicable ordinances,
LIESSOR authori47cs lLESSEE to prepare,cxecutc and ttic ali reqtlircd epplications to obtain all l℃qll‐ired
perillits fbr′I｀enant's Pcl■nittcd Usc llndcr this A3rccmCllt alld agrccs to rcasonably assist Tclnant u/itil sIIch
applicatioI〕s an(1、vith obtainillg alnd 11la11ltalllillg thc Governmentノ ｀pprOvals.
LESSEE undel・ stallds a:ld ackno、vledges that the colntllunications to、vcr nl芍 ′bc uscd o:l thc Dcmiscd
Prcinises pursuant to Land Development Code(LDC)2.03.05。ハ`4.a、; 2.03.05.A; 2,03.05.A.3;and
2,01.02.A.4.,which allows cOnlmunicattons tower in thc Public Usc DistHct(P)aS an Essential Services
bccatise it is also being tiscd for a govenintent/public use, It at any tilnc ancr tile illitial tell(10)year
tcrill,as statcd bclow in Atticlc 2 of tlle l.ease,I“ESSOR clects to rclllove itS equipmcnt iolll the towcL
whicll is constrllcted by I′ESSEE, tilc tisc Of thC to、ver,linder thc afOrcnlcntloned Iメ DC scctions,shall
becollle a non―tlsc ftbr governlnentalノ ptlblic pl:,poseS,and LESS()R shall ndvise lLESSIEE in、vlitillg of the
F1011～tiSC alld tcllllinatioll of the Lcasc,and LESSEE shali bc requircd to cease operati●lls at the Dcinised
PFCllllses, al〕d relγ lovC thC to、ver at iS sole cost alld expense 、vithil1 120 days of receivillg notice of
tellllination.
LESSOR docs not inakc ally lcpreselltations ol・ 、valTantics or perFllittcd llscs 、〆ith rcspect to thc
Denlised Prclnises to the I,ESSEE.The LESSEE acccpts the Dc:lliscd Prelllises in'as is''condition and
thcre shall bc no abatenlellt liDr deFects ill the Deiniscd Premises or from violations of law witll Кspect
thereof and l″ESSEE shaH not llold ILESSOR liableお r any defects ill or dettctive conditio1ls of ille
Delnised Prciniscs or to titlc tilcreto.
LF.SSEFI'S obligation to perl'orm under this Agreement shall be suhject to and conditioned upon:
(n) LESSEE'S obtaining, at its option and cost, a survey, geotechnical reporl and analysis tests rvhich
rnust shorv no def'ects rvhich, in the opinion of the LESSEE, ma-v adversely aff-ect LESSEE'S use of the
Demised Premises;
(b) LESSEE'S approval of rhe condition ol' the Demisert Premises, which may be subject to, at
LESSEE'S option, an environmental audit of the Premises perfomred by an environmenralconsulting finn
of LESS0E'S choice;
SiteNanrc: Piue Ridge lt 2
LoclDr 8168 ?621
BilN: 8-s7506
(IJ?,1:5:08. r )
の
11.C.3
Packet Pg. 355 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
(c) LESSF,E'S securing appropriale approvals for LESSEE'S intended use of its Torver on the Demised
Premises from the Federal Communications Commission, the Federal Aviation Administrator, and any
other federal, state or local regulatory agency having jurisdiction over LESSEE S proposed use of the
Tower: and
(d) In the event of a failure of any of the above referenced conditions precedent within 180 days of
execution of this Amendment, LESSEE may terminate this Agreement through written notice to
LESSOR and by restoring the Demised Premises to its condition as of the date of the execution of this
Agreement.
(e) LESSEE shall inform Lessor, in writing, regarding the title report, geotechnical report and analysis,
environmental audit, and obtaining required govemnent approvals.
LESSOR here[ grants to LESSEE a non-exclusive access easement throughout the life ofthis kase for
lree ingress and egress and lor tle installation and transmission of utilities on the Demised Premises seven (7)
days a week, trventy-four (24) hours a day. No above-ground struclures shall be consructed in the access
easement or outside ofthe Demised Premises. Said easement area is shorvn on Exhibit "A.'
I,ESSEE is pemritted to sublease any other available space on the tower, if &e tower is deemed worthy
of additional equipment, to other wireless carriers.
LESSEE shall provide the LESSOR with an air-conditioned equipment shelter, pou'er connections, free
monthly electricity and back-up power at no cost to LESSOR. LESSOR'S equipment shall be located
outside ofthe Demised Premises in a location reasonably close to the tower.
LESSOR shall not be responsible for any cost for any improvements or utilities made to or provided 1o
the tower, or to the Demised Premises, or the equipment shelter. LESSOR shall be solely responsible for
ary costs for its equipment and installation of its equipment.
2 ARTICLE 13 of the Lease is hereby deleted in its entirety and the following provision is
substituted in its place:
ARTICLE 13. Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing
delivered to the other party at the following addresses, or changes thereto which have been nolified to the
other party:
LESSEE:
CCATT LLC
2000 Corporate Drive
Canonsburg, Pennsylvania 153 l7
LESSOR:
3oald orCounけ commiSSiOne、
υo ReaI PrOpeゥ ヽ4anagentellt
3335 East Tanliami rrail
Naplcs,FIorida 341 12
Sitc Nalnc: Pinc Ridgc ll
Loc IDi 8168 2623
BUN: 857506
(3247120811
○
11.C.3
Packet Pg. 356 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
3. Except as expressly provided herein, the Lease remains in full force and eflect according to the terms
and conditions contained therein, and said terms a conditions are applicable hereto except as expressly
provided otherrvise herein.
IN WII'NESS WHEREOF, the LESSEE and LESSOR have hereto executed this Restated First
Anrendment to Ground Lease Agreement for Communications Tower the day and year first above
rvritten.
AS TO THE LtrSSEI:
CCATT I,LC,
Print Nanre:
print Title: kzr, fal,.fl--V?a
Clね じ7407「ι
`ι ―
(print name)
31艦 :HEFPS鼈 %/ひ BOARD OF COUNTY COMMISS10NERS,
COLLl
Jenniier A, Belpedio
Assistant County Attorncy
Sitc Nanl●:1)inc Ridgc H
Loc ID:81682623
1)t,N18575()6
18,1'52081)
(print narne)
Witrress (si
AT′I｀EST:
1)WiGHT E.31ROCK,Clclk
COUN・「Y,Flィ ORIDA
A FIALA,Chairnlan
Ъ静
a Delaware lirnited liability company
11.C.3
Packet Pg. 357 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
EXHIBIT｀A''
Site Sketch
lSee altachedl
Sitc Narγ、ci Pit,c Ridgc ll
I′oc ID: 8168 2623
1〕t'N:857506
18217520811
11.C.3
Packet Pg. 358 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
σ て ガ メ落′'1,「´ 'ノ`"|m!Br&lEmtloM
"0-・
‐r_・ M“
ん
〆 ノ
ノ ヽ:ヽ
T
f--@ex
I
I
/一 騨 留
「
―″/こ______―――――」
1 鵠 T I
| |
11.C.3
Packet Pg. 359 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
EXHIBIT``B''
Silort Fornl Tower Liccnsc Agreement
ISee attached]
Sitc Narnel Pine Ridgc ll
Loc II): 8168 2623
B【IN:857506
(B21フ
'20S l)
←ヾう
11.C.3
Packet Pg. 360 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
徒鰺E員 霊魁
Customer Site Name:
Customer Site No.:
SHORT FORTVI TOWER LICENSE AGREEMENT
(fOr insta117ation and operation ofequipment by the landlord or lessor undcr thc Prime Lease)
TIIIS SHORT FORM TOWER LICENSE AGREEⅣENT(thiS“Agreemcnぜ ')iS Cntered ilato as of this
day of 20 (the "Effective Date"), between Please pick from the list of Crown
Operating Entities, Location-CORPORATE LICENSING/REFERENCE - Licensing/Ol - COMPLETING A
STANDARD SUPPLEMENTAL LEASE LICENSE AGREEMENT . SLA
aDelaware limited liability company ,fNote - in the case of Crown Communication LLC add one of the following
"(Crown Communication Inc., a Delaware corporation, was converted pursuant to Delaware law to Crown
Communication LLC, effective December 31, 2010)" OR "(Crown Communication Inc., a Delaware corporation,
formerly known in the state of [insert appropriate state of Califomia, Florida, Illinois, Indiana, New Jersey, New
Mexico, Oklahoma, Texas or Washinglon] as [insert old d,/b/a name], was converted pursuant to Delaware law to
Crown Communication LLC, effective December 31, 2010)"; in the case of Crown Castle South LLC add the
following: "(Crown Castle South Inc., a Delaware corporation, was converted pursuant to Delaware law to Crown
Castle South LLC, a Delaware limited liability company, effective December 31, 2001)"] with its principal place of
business at 2000 Corporate Drive, Canonsburg, Washington County, Pennsylvania 15317 ("Licensor"), and
an , with its principal place of business at , County, ("Licensee").
In consideration ofthe mutual covenants contained herein, and for other good and valuable consideration,
the receipt and sufficiency ofwhich are hereby acknowledged, and intending to be legally bound hereby, the parties
hereto agree as follows:
1. DEFINITIONS
The following terms as used in this Agreement are defined as follows:
"Acquiring Party" Any person acquiring title to Licensor's interest in the real property of which
the Site forms a part through a Conveyance.
"AM Detuning Study" A study to determine whether measures must be taken to avoid
disturbance ofan AM radio station signal pattern, as described in Section 2.3 below.
"Closeout Documentation" As-built drawings and other installation documentation required by
Licensor, as described in Section 2.6 below.
'oConveyance" Including, without limitation, any exercise by a Lender of its rights under the
Security Instrument, including a foreclosure, sherifls or trustee's sale under the power of sale
contained in the Security Instrument, the termination of any superior lease of the Site and any
other transfer, sale or conveyance of the Licensor's interest in the property of which the Site forms
a part under peril of foreclosure or similar remedy, including, without limitation to the generality
of the foregoing, an assignment or sale in lieu of foreclosure or similar remedy.
o'Equipment" Licensee's communications equipment including, but not limited to Licensee's
antennas, cables, connectors, wires, radios, radio shelter or cabinet, and related transmission and
reception hardware and software, and other personal property.
*FCC' The Federal Communications Commission.
Prepared by:
Prepared on:
(B25157981)
CROWN CASTLE STANDARD FORPITLA 2…12‐07
Version: 2.7.11
Crown Site Name:
JDE Business Unit:
License Identifier:
11.C.3
Packet Pg. 361 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
Customer Site Name:
Customer Site Number:
Crown Site Name:
JDE Business Unit:
License Identifier:
"Government Entity" Any federal, state or local governmental unit or agency thereof with
jurisdiction applicable to the Site.
"Intermodulation Study" A study to determine whether an RF interference problem may arise,
as described in Section 2.3 below.
"Intermodulation Study Fee" The fee payable by Licensee to Licensor to defray Licensor's
costs incurred in preparing or obtaining an Intermodulation Study. The amount of the Fee shall be
reasonably commensurate with the scope and complexity of the subject Intermodulation Study.
"Lender" Any and all lenders, creditors, indenture trustees and similar parties.
"Licensed Space" That portion of the Site which is licensed to Licensee hereunder.
"Licensee" The parry named as "Licensee" in the first paragraph hereof and its successors in
interest.
"Licensor" The parfy named as "Licensor" in the first paragraph hereof and its successors in
interest.
"Modification" (i) Any modification to the Equipment as specified herein or an approved Site
Engineering Application; (ii) any alterations in the frequency ranges or FCC licensed allocation or
power levels specified in the approved Site Engineering Application; (iii) any change in
Licensee's technology protocol (e.g., GSM, CDMA, TDMA, iDEN, etc.); (iv) any addition of
Equipment or occupation of additional space, or relocation of Equipment on the tower or on the
ground, or relocation of ground space or equipment shelter space; or (v) any repair to the
Equipment that affects tower loading capacity.
"Modification Application Fee" The fee payable by Licensee to Licensor in the amount of
Dollars ($ ) to defray Licensor's costs incurred in evaluating a Site Engineering
Application.
'6Prime Lease" The lease(s), sublease(s) or other prior agreement(s) or instrument(s) (e.g., deed)
from which Licensor derives its rights in the Site and/or which contain(s) restrictions on use of the
Site, as described in Article 18 below.
"Rtr"' Radio frequency.
"Security Instrument" Any and all mortgages, deeds of trust or other deeds, and any similar
security agreements that encumber the Site to secure the debt of Licensor.
"Site" The properfy referred to in Section 2.1 below, which is owned, leased, or otherwise
controlled by Licensor and which contains the Licensed Space.
"Site Application Fee" The fee paid by Licensee to Licensor to evaluate a Site Engineering
Application to determine whether the tower and Site have sufficient capacity to accommodate the
Equipment.
"Site Engineering Application" The application form (as may be amended by Licensor from
time to time), which shall be submitted to Licensor by Licensee when Licensee desires to apply
for a license to install or make a Modification to Equipment. The approved Site Engineering
Application is attached to, and incorporated into, this Agreement as part of Exhibit B.
{B25r57es.r} Prepared by:
Prepared on: 2
CROWN CASTLE STANDAR.D FORM TLA2-I2-07
11.C.3
Packet Pg. 362 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
Customer Site Name:
Customer Site Number:
Crown Site Name:
JDE Business Unit:
License Identifier:
"Site PIan" The site plan referred to in Section 2.2below, a copy of which is attached hereto as
Exhibit C.
"Site Rules" The "Site Rules" or its successor, issued by Licensor from time to time, as described
in Section 2.2below.
"Structural Analysis" An engineering analysis performed to determine whether the physical and
structural capacity of the tower are sufficient to accommodate the proposed Equipment, which
analysis takes into consideration factors such as weight, wind loading and physical space
requirements.
.'Structural Analysis Fee" The fee payable by Licensee to Licensor in the amount of
Dollars ($ ) to defray Licensor's costs incurred with respect to its performance of a Structural
Analysis.
"Subsequent Use" Any installation or modification to Licensor's or another user's equipment
subsequent to the installation or modification of the Equipment as described in Section 6.1 below.
"Term" The term of this Agreement, as set forth in Article 4 below.
"Term Commencement Date" The date on which this Agreement is fully executed by the
parties hereto.
"Tower Level Drawing" The tower level drawing referred to in Section 2.2 below, a copy of
which is attached hereto as part of Exhibit B.
"Work" The installation of Equipment or construction of an approved Modification to
Equipment at the Site, as set forth in Section 2.5 below.
2. SITE. LICENSE. EOUIPMENT. LICENSED SPACE. APPLICATION FOR MODIFICATIONS.
CONDITIONS PRECEDENT
2.1 The Site. The Site consists of that certain parcel of property, located in the [Municipality] of
, the County of , and the State of , which is described in Exhibit A hereto.
2.2 License to Install, Operate and Maintain the Equipment. Licensor hereby grants a license to
Licensee to install, operate and maintain the Equipment at the Site within the Licensed Space, as such Equipment
and Licensed Space is described in, and subject to, the approved Site Engineering Application and Tower Level
Drawing attached hereto as Exhibit B and as shown in the Site Plan attached hereto as Exhibit C. Such license is
subject to the Site Rules and is restricted exclusively to the installation, operation and maintenance ofantennas and
equipment consistent with the specifications and in the locations identified in Exhibit B and Exhibit C. If Licensee
fails to install the total number of permitted antennas and transmission lines as described in Exhibit B and Exhibit
C within one hundred eighfy ( I 80) days of commencement of its initial installation of Equipment, the right to install
any such antennas and lines not installed shall be deemed waived, with no reduction of the Basic Payment. No
capacily or rights will be reserved for future installation of such Equipment after such one hundred eighty (180) day
period.
2.3 Application for Modifications. Licensee shall apply to make Modifications by submitting a Site
Engineering Application to Licensor together with payment of the Modification Application Fee. A Structural
Analysis, AM Detuning Study or an Intermodulation Study may be required by Licensor in connection with a
proposed Modification, and Licensee will be liable for the cost thereof. Any approved Modification shall be
{B2s1s?eE.l} Prepared by:
Prepared on: 3
CROWN CASTLE STANDARD FORNI TLA2-I2-07
11.C.3
Packet Pg. 363 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
Customer Site Name:
Customer Site Number:
Crown Site Name:
JDE Business Unit:
License Identifier:
evidenced by an amendment to this Agreement, and the Site Engineering Application approved by Licensor
describing the Modification shall be an exhibit to said amendment.
2.4 Conditions Precedent to Installation of Equipment or Modification. Notwithstanding
any.thing to the contrary herein, the parties agree that Licensee's right to install Equipment or make a Modification
to Equipment at the Site shall not commence until the following conditions are satisfied: (i) Licensor has received
any written consent required under the Prime Lease to allow Licensor to license the Licensed Space to Licensee;
(ii) a Site Engineering Application has been approved by Licensor; (iii) the Site Application Fee, Structural Analysis
Fee, lntermodulation Study Fee and fee for AM Detuning Study (ifany) have been paid; (iv) Licensee has received
all required permits (if any) for its installation of, or Modification to, the Equipment and all required regulatory or
governmental approvals ofLicensee's proposed use ofthe Site, and Licensor has received, reviewed, and accepted
copies of such required permits (if any) and such required regulatory or govemmental approvals; and (v) Licensor
has received a waiver of any applicable rights of first refusal in and to the space or Licensed Space that Licensee
identifies in the Site Engineering Application. Upon satisfaction of all conditions precedent, Licensor shall provide
written notice to Licensee to confirm said satisfaction.
2.5 Performance of Work. Licensee may engage Licensor to install Licensee's Equipment, and to
make approved Modifications to Licensee's Equipment pursuant to this Article 2 (the "Work"), upon terms mutually
agreed upon by the parties in writing; plqyided, however, in the event that Licensee does not engage Licensor to
perform the Work, Licensee shall (i) only engage a vendor approved by Licensor to perform the Work and (ii) pay to
Licensor Dollars ($ ) upon completion of the Work for the purpose of defraying the cost associated with
Licensor's inspection of the Work. Notwithstanding Licensor's inspection of any Work not performed by Licensor,
Licensor shall in no way be liable for any defect in the Work or any of the materials used, and Licensee shall not
rely on Licensor's inspection of the Work as confirmation that no defects exist. All Work shall be performed in
accordance with the standards set forth in the Site Rules.
2.6 Closeout Documentation. In the event that Licensee engages Licensor to perform any Work for
Licensee, Licensor shall provide to Licensee all Closeout Documentation within forty-five (45) days of completion
of the Work. In the event that Licensee does not engage Licensor to perform any Work for Licensee and Licensee
engages a vendor approved by Licensor to perform the Work in accordance with Section 2.5, Licensee shall provide
to Licensor all Closeout Documentation within forty-five (45) days of completion of the Work; provided, however,
in the event that Licensee fails to provide to Licensor said Closeout Documentation within said forry-five (45) day
period, Licensee shall pay to Licensor Dollars ($ ) for the purpose of defraying Licensor's costs
associated with preparation of the Closeout Documentation required hereunder.
3. ACCESS. USE OF SITE
3.1 Access to Site. Licensor hereby grants to Licensee a non-exclusive license for pedestrian and
vehicular ingress to and egress from the Site over the designated access area to the Site as described in Exhibit A,
on a 24 hour per day, 7 day per week basis, subject, however, to any restrictions in the Prime Lease or any
underlying easement, for the purposes of maintaining, operating and repairing the Equipment, together with license
to maintain, operate and repair utility lines, wires, cables, pipes, lines, or any other means of providing utility
service, including electric and telephone service, to the Licensed Space. Licensor shall have no duty to remove
snow or otherwise maintain the access area.
3.2 Authorized Personsl Safety of Personnel. Licensee's right of access shall be limited to
authorized employees, contractors or subcontractors ofLicensee, or persons under their direct supervision. Licensee
shall not allow any person to climb a tower without ensuring that such person works for a vendor approved by
Licensor for the subject work.
3.3 Notice to District Manager. Licensee agrees to provide Licensor's designated District Manager
(or other designated person) prior notice ofany access to be made by Licensee to the Site, except in the event ofan
{B2srs?es.r} Prepared by:
Prepared on: 4
CROWN CASTLE STANDARD FORM TLA2-12.07
11.C.3
Packet Pg. 364 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
emergency, in which event Licensee shall provide notice within twenty-four (24) hours following such emergency
access. For the purposes hereof, an emergency shall be deemed to be a situation that reasonably appears to present
an imminent risk of bodily injury or properry damage.
3.4 Licensee's Use of the Site. Licensee shall use the Licensed Space at the Site to install, operate
and maintain only the Equipment and shall transmit and receive only within the FCC licensed frequency ranges and
at the power levels specified herein.
3.5 Permits, Authorizations and Licenses. Licensee shall be solely responsible for obtaining, at its
own expense, all permits, authorizations and licenses associated with its occupancy of Licensed Space at the Site
and utilization of Equipment thereon and shall promptly provide copies thereof to Licensor.
3.6 Zoning Approval. Licensee must provide Licensor with copies of any zoning application or
amendment that Licensee submits to the applicable zoning authority in relation to its installation or modification of
Equipment at the Site, at least seventy-two (72) hours prior to submission to the applicable zoning authority.
Licensor reserves the right to (i) require that it be named as co-applicant on any such zoning application or
amendment andior (ii) require revisions to any such zoning application or amendment. Licensor also reserves the
right, prior to any decision by the applicable zoning authority, to approve or reject any conditions of approval,
limitations or other obligations that would apply to the owner of the Site or property, or any existing or future Site
licensee, as a condition of such zoning authority's approval; provided, however, Licensor shall not unreasonably
withhold or delay approval of any such conditions of approval, limitations or other obligations. Licensee agrees that
any Modification, or change in use of the Licensed Space, as approved herein, requires an amendment hereto which
may entitle Licensor to compensation. Licensee shall be solely responsible for all costs and expenses associated
with (i) any zoning application or amendment submitted by Licensee, (ii) making any improvements or performing
any other obligations required as a condition ofapproval with respect to same and (iii) any other related expenses.
3.7 Utilities. Licensee shall pay for all electricity and other utilities it uses. If separate metering is
unavailable, Licensee shall pay a share ofsuch costs as allocated by Licensor.
4. TER]II
The term of this Agreement shall commence on the Term Commencement Date and continue until the earlier of the
expiration or termination of the Prime Lease (the "Term").
Customer Site Name:
Customer Site Number:
5. PAYMENTS
Any payments due hereunder shall be made by check payable to Please pick
Operating Entities, PO Box 203127, Houston, TX 77216-3127 . Licensee shall include the
on or with each payment.
Crown Site Name:
JDE Business Unit:
License Identifier:
from the list of Crown
JDE Business Unit No.
6. INTERFERENCE
6.1 Interference to Licensee's Operations. Licensor agrees that neither Licensor nor Licensor's
other users of the Site or property adjacent to the Site controlled or owned by Licensor, whose equipment is installed
or modified subsequently to Licensee's Equipment ("Subsequent Use"), shall permit their equipment to interfere
with Licensee's permitted transmissions or reception. In the event that Licensee experiences RF interference caused
by such Subsequent Use, Licensee shall notifl, Licensor in writing ofsuch RF interference and Licensor shall cause
the party whose Subsequent Use is causing said RF interference to reduce power and/or cease operations in order to
correct and eliminate such RF interference within seventytwo (72) hours after Licensor's receipt of such notice. In
the event Licensor is notified ofany RF interference experienced by Licensee alleged to be caused by a Subsequent
Use, the entity responsible for the Subsequent Use shall be obligated to perform (or cause to be performed) whatever
actions are commercially reasonable and necessary at no cost or expense to Licensee to eliminate such RF
{a2srs7e8.r} Prepared by:
Prepared on: 5
CROWN CASTLE STANDARD FORM TLA2-12-07
11.C.3
Packet Pg. 365 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
Customer Site Name:
Customer Site Number:
Crown Site Name:
JDE Business Unit:
License Identifier:
interference. Licensor further agrees that any licenses or other agreements with third parties for a Subsequent Use
will contain provisions that similarly require such users to correct or eliminate RF interference with Licensee's
operation of its Equipment following receipt of a notice of such interference.
6.2 Interference by Licensee. Notwithstanding any prior approval by Licensor of Licensee's
Equipment, Licensee agrees that it will not allow its Equipment to cause RF interference to Licensor and/or other
pre-existing uses of users of the Site in excess of levels permitted by the FCC. If Licensee is notified in writing that
its operations are causing such RF interference, Licensee will immediately take all necessary steps to determine the
causeofandeliminatesuchRFinterference. Iftheinterferencecontinuesforaperiodinexcessofseventy-two(72)
hours following such notification, Licensor shall have the right to require Licensee to reduce power and/or cease
operations until such time as Licensee can make repairs to the interfering Equipment. In the event that Licensee
fails to promptly take such action as agreed, then Licensor shall have the right to terminate the operation of the
Equipment causing such RF interference, at Licensee's cost, and without liability to Licensor for any inconvenience,
disturbance, loss ofbusiness or other damage to Licensee as the result ofsuch actions. Licensee shall indemnifu and
hold Licensor and its subsidiaries and affiliates harmless from all costs, expenses, damages, claims and liability that
result from RF interference caused by Licensee's Equipment.
7. RELOCATION OF'EOUIPMENT BY LICENSOR
Licensor shall have the right to change the location of the Equipment (including reJocation of Equipment
on the tower to an elevation used by other licensees) upon sixty (60) days written notice to Licensee, provided that
said change does not, when complete, materially alter the signal pattern of the Equipment existing prior to the
change. Any such relocation shall be performed at Licensor's expense and with reasonably minimal disruption to
Licensee's operations and shall be evidenced by an amendment to this Agreement.
8. RFEXPOSURE
Licensee agrees to reduce power or suspend operation of its Equipment if necessary and upon reasonable
notice to prevent exposure of workers or the public to RF radiation in excess of the then-existing regulatory
standards.
9. LIENS
Licensee shall keep the Licensed Space, the Site and any interest it or Licensor has therein free from any
liens arising from any work performed, materials fumished or obligations incurred by or at the request of Licensee,
including any mortgages or other financing obligations, and shall discharge any such lien filed, in a manner
satisfactory to Licensor, within thirty (30) days after Licensee receives written notice from any party that the lien has
been filed.
10. MUTUAL INDEMNIFICATION
Each party shall indemnify, defend and hold the other party, its affiliates, subsidiaries, directors, officers,
employees and contractors, harmless from and against any claim, action, damages, liability, loss, cost or expense
(including reasonable aftomey's fees), resulting from or arising out of the indemnif,ing party's and/or any of its
contractors', subcontractors', servants', agents' or invitees' use or occupancy ofthe Site.
r1. INSURANCE
Licensee shall carry public liability insurance covering its use of the Site with companies and in a form
satisfactory to Licensor. The policy shall name Licensee as insured and Licensor as an additional insured. The
policy shall bear endorsements to the effect that the insurer agrees to notifu Licensor not less than thirty (30) days in
advance of any modification or cancellation thereof. At a minimum, Licensee and all parties accessing the Site for
{82srs?es.r} Prepared by:
Prepared on: 6
CROWN CASTLE STANDARD FORM TLA2-I2-07
11.C.3
Packet Pg. 366 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
Customer Site Name:
Customer Site Number:
Crown Site Name:
JDE Business Unit:
License ldentifier:
or on behalf of Licensee (other than independent contractors, which must provide coverage specified by Licensor)
shall obtain the following insurance coverage: (i) Statutory Workers' Compensation including $500,000 Employers'
Liability; (ii) Comprehensive General Liability including personal injury, broad form property damage, independent
contractor, XCU and products/completed operations with limits not less than $2,000,000 per occurrence;
(iii) Automobile Liability with limits not less than $1,000,000 per occurrence; and (iv) Fire and extended coverage
insurance on all of Licensee's improvements at the Site including all of Licensee's Equipment and other personal
properfy at the Site. The amount of the insurance limits identified above shall be increased on every fifth (5'h)
anniversary of the date of this Agreement by twenty-five percent (25%o) over the amount of the insurance limits for
the immediately preceding five (5) year period. All insurers will be rated A.M. Best A-(FSC VIII) or better and
must be licensed to do business in the jurisdiction where the Site is located. The insurance requirements in this
Agreement shall not be construed to limit or otherwise affect the liability of Licensee. All policies required to be
provided pursuant to this Article 11 shall contain a waiver ofsubrogation in favor oflicensor. Licensee shall
provide certificates evidencing said coverage to Licensor upon execution hereof. Licensee shall provide a copy of
said policies to Licensor upon request.
12. CASUALTY OR CONDEMNATION
12.1 Casualty. In the event that the Site, or any part thereof, is damaged by fire or other casualty not
caused by Licensee, Licensor shall have ninety (90) days from the date of damage, if the damage is less than total
destruction ofthe Site, in which to make repairs, and one hundred and eighty (180) days from date ofdestruction, if
the Site (including the tower structure) is destroyed, in which to replace the destroyed portion of the Site. If
Licensor fails for any reason to make such repair or restoration within the stipulated period and the damage or
destruction effectively precludes Licensee's use of the Site as authorized under this Agreement, then either parly
may, at its option, terminate this Agreement without further liability of the parties, as of the date of partial or
complete destruction. If for any reason whatsoever, Licensee's use of the Site is intemrpted due to casualty,
Licensee's sole remedy shall be the aforementioned right to terminate this Agreement. Except with regard to repair
ofthe Site as stated in this Section 12.1, Licensor shall not be responsible for any damage caused by vandalism or
acts of God. In no event shall Licensor be liable to Licensee for damage to the Equipment or intemrption or
termination of Licensee's operations caused by forces majeure or acts of God.
12.2 Condemnation. If any part of the Site shall be taken under the power of eminent domain,
Licensor and Licensee shall be entitled to assert their respective claims in accordance with applicable state law.
13. DEF'AULT. REMEDIES. WAIVER OF' CONSEOUENTIAL DAMAGES
Either ofthe following shall constitute an event ofdefault hereunder: (i) Licensee's failure to either pay any
amount due hereunder within ten (10) days of written notice from Licensor that said payment is delinquent; or (ii)
either parfy's failure to cure any breach ofany covenant ofsuch party (not related to timeliness ofpayments) herein
within thirty (30) days of written notice from the non-breaching party of said breach; provided, however, such thirty
(30) day cure period shall be extended upon the breaching party's request ifdeemed by the non-breaching party to
be reasonably necessary to permit the breaching party to complete the cure, and further provided that the breaching
parly shall commence any cure within the thirty (30) day period and thereafter continuously and diligently pursue
and complete such cure. All delinquent amounts shall bear interest at the lesser of one and one-half perc ent (l %o/o)
per month, or the maximum amount permitted by law. Except as otherwise provided in this Agreement, neither
party shall be liable to the other for consequential, indirect, special, punitive or exemplary damages for any cause of
action whether in contract, tort or otherwise, hereunder.
14. USE OF HAZARDOUS CHEMICALS
Licensee must inform Licensor if it will house batteries or fuel tanks at the Site. The use of any other
hazardous chemicals at the Site requires Licensor's prior written approval. Licensee agrees to provide to Licensor
no later than each January l5th, an annual inventory ofits hazardous chemicals at the Site.
{B2srs7e8.r} Prepared by:
Prepared on: 7
CROWN CASTLE STANDARD FORM TLA2.I2-07
11.C.3
Packet Pg. 367 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
Customer Site Name:
Customer Site Number:
Crown Site Name:
JDE Business Unit:
License Identifier:
15. GOVERNING LAW. VENUE
The laws of the state where the Site is located, regardless of conflict of law principles, shall govern this
Agreement, and any dispute related to this Agreement shall be resolved by arbitration or litigation in said state.
16. ASSIGNMENT. SUBLEASE. SHARING
This Agreement may not be sold, assigned or transferred, in whole or in part, by Licensee without the prior
written approval or consent of Licensor, which consent may be withheld at Licensor's sole discretion. Any such
assignment shall be evidenced by a form provided by Licensor and executed by Licensor, Licensee and the assignee.
Licensee shall not sublease or license its interest in this Agreement, either directly or through subsidiaries or
affiliated entities. Licensee shall not share the use of its Equipment with any third party.
17. NOTICES
All notices hereunder shall be in writing and shall be given by (i) established express delivery service
which maintains delivery records, (ii) hand delivery or (iii) certified or registered mail, postage prepaid, return
receipt requested. Notices may also be given by facsimile transmission, provided the notice is concurrently given by
one of the above methods. Notices are effective upon receipt, or upon attempted delivery if delivery is refused or if
delivery is impossible. The notices shall be sent to the parties at the following addresses:
As to Licensee:
As to Licensor:
Telephone Number:
Facsimile Number:
Please pick from the list of Crown Operating Entities
2000 Corporate Drive
Canonsburg, PA 15317
Attention: Legal Department
Telephone Number: (724) 416-2000
Facsimile Number: (724) 416-2353
fiom time to time designate any other address for this purpose by giving writtenLicensor or Licensee mav
notice to the other party.
18. PRIME LEASE AGREEMENT
Licensor and Licensee acknowledge that Licensee's use of the Site is subject and subordinate to the Prime
Lease. A redacted copy ofthe Prime Lease is attached as Exhibit D hereto. Licensee agrees to be bound by and to
perform all ofthe duties and responsibilities required ofthe lessee, grantee or licensee as set forth in the Prime Lease
to the extent they are applicable to the access to and use ofthe Site.
19. TERMINATION
19.1 Withdrawal or Termination of Approval or Permit. In the event any previously approved
zoning or other permit of a Government Entity affecting the use of the Site as a communications facility is
withdrarm or terminated, this Agreement shall be deemed to have been terminated effective as of the date of the
termination of the permit or approval.
IB2srs7es.1] Prepared by:
Prepared on: 8
CROWN CASTLE STANDARD FORM TLA2-I2-07
11.C.3
Packet Pg. 368 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
Customer Site Name:
Customer Site Number:
Crown Site Name:
JDE Business Unit:
License Identifier:
19.2 Termination of Prime Lease. In the event that the Prime Lease terminates for any reason, this
Agreement shall be deemed to have terminated effective as of the date of the termination of the Prime Lease.
20. NOWAIVER
No provision of this Agreement will be deemed to have been waived by either party unless the waiver is in
writing and signed by the party against whom enforcement is attempted.
21. NON.DISCLOSURE
The parties agree that except to the extent required by law, without the express written consent ofthe other
parfy, neither party shall reveal, disclose or publish to any third party the terms of this Agreement or any portion
thereof, except to such parfy's auditor, accountant, lender or attorney or to a Government Entity if required by
regulation, subpoena or government order to do so. Notwithstanding the foregoing, either party may disclose the
terms of this Agreement to any of its affiliated entities, and Licensor may disclose the terms of this Agreement to
any of its lenders or creditors or to third parties that are existing or potential lessees or licensees of space at the Site
as may be reasonably necessary with respect to the operation, leasing, licensing and marketing of the Site, including,
without limitation, terms relating to Licensee's permitted frequencies for the purposes of RF compliance tests and
terms relating to Licensee's Equipment installed, or to be installed, on the tower for the purposes of structural
analysis.
22. SUBORDINATION. NON-DISTURBANCE. ATTORNMENT
22.1 Subordination. Subject to Section 22.2,this Agreement and Licensee's rights hereunder are and
will be subject and subordinate in all respects to: (i) the Security Instrument from Licensor in favor of Lender
insofar as the Security Instrument affects the property of which the Site forms a part; (ii) any and all advances to be
made thereunder; and (iii) any and all renewals, extensions, modifications, consolidations and replacements thereof.
Said subordination is made with the same force and effect as if the Security Instrument had been executed prior to
the execution of this Agreement.
22.2 Non-Disturbance. The subordination described in Section 22.1 is conditioned upon the
agreement by Lender that, so long as this Agreement is in full force and effect and Licensee is not in material default
(beyond applicable notice and cure periods) hereunder, Lender, for itselfand on behalfofits successors in interest,
and for any Acquiring Party, agrees that the right ofpossession ofthe Site and all other rights ofLicensee pursuant
to the terms of this Agreement shall remain in full force and effect and shall not be affected or disturbed by Lender
in the exercise of its rights under the Security Instrument.
22.3 Liability of Parties. Licensee and Licensor agree (i) that any Conveyance shall be made subject to
this Agreement and the rights ofLicensee hereunder and (ii) that the parties shall be bound to one another and have
the same remedies against one another for any breach ofthis Agreement as Licensee and Licensor had before such
Conveyance; provided, however, that Lender or any Acquiring Party shall not be liable for any act or omission of
Licensor or any other predecessor-in-interest to Lender or any Acquiring Party. Licensee agrees that Lender may
join Licensee as a party in any action or proceeding to foreclose, provided that suchjoinder is necessary to foreclose
on the Security Instrument and not for the purpose of terminating this Agreement.
22.4 Attornment. Licensee agrees that, upon receipt by Licensee of notice to attorn from Lender or
any Acquiring Party, along with reasonable supporting documentation, (i) Licensee shall not seek to terminate this
Agreement and shall remain bound under this Agreement, and (ii) Licensee shall attorn to, accept and recognize
Lender or any Acquiring Party as the licensor or lessor hereunder pursuant to the provisions expressly set forth
herein forthe then remaining balance of the Term of this Agreement and any extensions or expansions thereof as
made pursuant hereto. Licensee agrees, however, to execute and deliver, at any time and from time to time, upon
IB2srs7e8.r] Prepared by:
Prepared on: 9
CROWN CASTLE STANDARD FORM TLA2-I2-07
11.C.3
Packet Pg. 369 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
Customer Site Name: Crown Site Name:
Customer Site Number: JDE Business Unit:
License Identifier:
the request of Lender or any Acquiring Party any reasonable instrument which may be necessary or appropriate to
evidence such attornment.
[Remainder of Page Intentionally Left Blank]
[B2s1s7es.1] Prepared by:
Prepared on: 10
CROWN CASTLE STANDARD FORM TLA2-12-07
11.C.3
Packet Pg. 370 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
Customer Site Name:
Customer Site Number:
Crown Site Name:
JDE Business Unit:
License Identifier:
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day
and year first above written.
Licensor
Please pick from
By:
Print Name:
Title:
Area:
the list of Crown Operating Entities
Licensee
IINSERT NAME OF LICENSEE]
By:
Print Name:
Title:
Date:
{B2s1s7er.U Prepared by:
Prepared on:
CROWN CASTLE STANDARD FORM TLA2-12-07
11.C.3
Packet Pg. 371 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
Customer Site Name:
Customer Site Number:
Crown Site Name:
JDE Business Unit:
License Identifier:
EXHIBIT A to Short Form Tower License Agreement
SITE AND ACCESS AREA LEGAL DESCRIPTIONS
(insert metes and bounds description ofSite and access area here)
[B2srs?es.u Prepared by:
Prepared on:
CROWN CASTLE STANDARD FORM TLA2-12.07
11.C.3
Packet Pg. 372 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
Customer Site Name: Crown Site Name:
Customer Site Number: JDE Business Unit:
License Identifier:
EXHIBIT B to Short Form Tower License Agreement
APPROVED SITE ENGINEERING APPLICATION AND TOWER LEVEL DRAWING
(insert approved Site Engineering Application and CAD-generated Tower Level Drawing
describing the antenna(s) on the tower structure and all other Equipment, including their
locations, here)
{Bzs1s7es.r} Prepared by:
Prepared on: 13
CROWN CASTLE STANDARD FORM TLA2-12-07
11.C.3
Packet Pg. 373 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
Customer Site Name:
Customer Site Number:
Crown Site Name:
JDE Business Unit:
License Identifier:
EXHIBIT C to Short FoHn Tower License Agreement
SITE PLAN;LOCATION AND DINENSIONS(LENGTH,WIDTH,HEIGHT)
OF EQUIPⅣENT BllILDING/FL00R SPACE
AND ANY OTHER INSTALLATION AT THE SITE
(inSert equipment cabinet and generator(if any)10CatiOn herc)
{B25157981)Prepared by:
Prepared on: 14
CROWTヾ CASTLE STANDARD FORPITLA 2-12¨07
11.C.3
Packet Pg. 374 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
Customer Site Name:
Customer Site Number:
Crown Site Name:
JDE Business Unit:
License Identifier:
EXHIBIT D to Short Form Tower License Agreement
PzuME LEASE AGREEMENT
(insert a copy ofthe ground lease here)
[B2sls?es.l] Prepared by:
Prepared on: 15
CROWN CASTLE STANDARD FORNI TLA2-12-07
11.C.3
Packet Pg. 375 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
AFTER ttCoRDA「10N,PIEASE RLTURN TO:
ATNI Cllrtstlan A F"makis
♀畿肥岬
`猟
胃T訛 『°miL Rc
Pi●sburgh,Fし ヽ 15222
(412)394‐5400
fPine Ridge IIJ
THIS AMENDED AND RESTATED Mf,MORANDUM OF GROUND LEASEogIIEjtIJY FoI Cj?YMpNICATIONS TOWER (this .,Resrated Memorandum,,) is entered into
:r,Ti: / 7 day ot . /I \ l-rY ,Z0t6,by and berween CCATT LLC, a delaware thnitedllabrlrty company and subsidi#y of Crorvn castre USA Inc., rvhose principar mailing address is 2000Corporate -Drive, Canonsburg, Pennsylvania 15317, successor to New Cingular Wirelss pCS, LLC, aDelaware limited liability company ("te$sg"), and collier county, a politicil subdivision of ttri State otriorida, rvhose mailing address is: in care of Real property Management, 3335 East 'ramiami rrail,Naples, Florida.34l12 ("Lessor"). Lessor and Lessee may
-hereafte-r
be referred to a, a:,pufr" and,collectively, as the "Parties',.
WITNESSETH:
WHEREAS' New Cingular Wireless PCS, LLC and Lessor entered into that certain Ground
Lease Agreement lor Communications Tower dated the gth day ofJune, 2010, which was assigned toCCATI LLC pursuant to that cenain Membership lnterest Assignment and Assumption Ag.".."it dut"d
December 16, 2013; and
wIrf,REAS, crorvn Castle Towers 06-2 LLC, a Delaware limited liability company and Lessor
entered into that certain First Amendment to Ground Lease Agreement for Communications Tower datedthe 26th. day of January, 2016 and that certain Memorandum of Ground Lease Agreenent for
Communications Tower dated the 26s day of January,20l6 (the..Orieinal Memorandum',); ind
WIIf,REAS. l-essor and l,essee subsequently entered into that certain Amended and RestatedFirst Amendment to Ground Lease Agreemeni for Communications Tower dat€d the Z y' aay of
- fn.A y' , 201 6 (Ground Lease Agreement lbr Communications Tower, Firstffindmentto Ground uease Agreement for Communications Tower, and the Amended and Restated l-irst
Amendment to Ground Lease Agreement lbr Communications 'fower u,ill hereinafter be collectively
referred to as the "!9g59!9199g941"); and
WHER-EAS, pursuant to the Lease Agreemenr, Lessor leased to Lessee, and granted to Lessee
certain access and utility easemenrs over. under, and upon, a portion of I-essor's real pioperty loaared in
CollierCounty, Florida, being described as Tax Parcel Number 16765520006, and being further described
on Exhibit A attached herero (the ..I!9!lLiS9S,); and
AMENDED AND RESTATED IIIEMORANDUM OF
Sitc NanlcI Pinc Ridgc II
I´oc ID: 8168 2623
Bじ N:857506
(B21,`:'11,
(inCOrporating and supe¨eding prior McmOrandum)
‐1″
/゛ σ7°
11.C.3
Packet Pg. 376 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
WHEREAS, the Parties desire to enter into this Restated Memorandum correct, amend, andrestate the original Memorandum, to place the Lease Agreement on the public record.
Now TITEREToRE, for and in consideration of the foregoing and other good and valuableconsideration including the covenants and conditions more particularly ..i fortl, in theiease Agreement,the Parties do hereby covenant, promise, and agree as follows:
l ' The foregoing recitals are true and correct and are expressly incorporated hereinby this reference.
2' The terms and conditions of the Lease Agreement are incorporated herein by thisreference. Any capitalized terms not defined herein shall have tirose rneanings as setforth in the Lease Agreement.
3. "fhis Restated Memorandum evidences Lessor's lease, and grant, to Lessee of the
Premises.
4' The Lease Agreement commenced March 5,2011, and will continue for a tenn
of ten ( l0) years, wlrich term will automatically renew for four (4) additional five (5) year
terms.
5. Lessor granted to Lessee, its successors and assigns for the purposes provided
herein and in the Lease Agreement, for use by Lessee ani Lessee's employ*ei agents,
contractors, sublessees, licensees and their employees, agents and coniractors, a non-
exclusive access easement throughout the lifb of tniJ Lease for free ingiess and
egress and for the installation and transmission of utilities on the Demised
Premises seven (7) days a rveek, twenty-four (24) hours a day.
6. This Restated Memorandum is not intended to amend or modiS. and shall nor be
deemed or construed as amending or modifuing, any of the tenns, conditions, or
provisions of the l-ease Agreement, alt of which are hereby ratified and affinaed. This
Memorandum shall be binding upon and inure to the benefit of the Parties and their
respective executors, administrators. lreirs, successors, and assigns, subject to the
provisions of the Lease Agreenrent.
[Signature pages followl
Sitc Namc: Pitlc Ridgc II
l′oc ID: 8168 2623
BUN:857506
(324751741)
-2-
11.C.3
Packet Pg. 377 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
IN WITNESS wHEREOF,the Lessee and
MemOrandum Of Ground Lcase Agreelnent
、vrltten.∫じレ//φ
AS To THE LESSoR:
DATED卜 、|′.1lr・ 2//ら
Lessor have hereto executed this Amended and Restatedfor Communications Tower the day and year f.irst above
COLLI
DONNA FIALA,Chairman
, Deputy Clerk
Approved$ifl td'.ffif;r9flje legatity:
ACKNOWLEDGEMENT
STATE/COMMONWEALTH OF
COUNTY OF
a Norarv Public ithin
duly commissioned and acti hereby
b" "" p..,* -h",rc*;ilt;[:Tl#ffiTl
ムTTES■
si06Jqe
and for the StatelCommonwealth of
ceftiry that on this day of
., [o me personally known to
being by nre duly srvorn and being informed of the
contents of said instrument, stated and acknowl
Commissioners, Collier Counfy, Florida, and, as
on behalf of that entirv-. Moreover, he has
and deed and rvas voluntarily executed by
therein mentioned and set forth.
Notary Public
〔SIGNATURE PAGE TO M
Site Namc,Pinc Ridgc lI
I´oc II): 8168 2623
BIJN: 857506
oath that he is the Chairnran of the Board of Counry
is a duly certilled individual who may enter into agreements
I)じ M OF FIRSTか
`ENDMENT OF GROl」
NDl.EASE FOR CONIMUNICATIONS TOWERI
IPINE RIDGE Hl
Iedged that the entity has executed the same as its voluntary act
lf, on behalfofsaid entity, for the uses, purposes and consideration
WITNESS my hand and seal such Notary Public the day and year above written.
My Commission Expires:
COtrNTY COMMIssloNERS,
:OLTNTY, FlDruOn
DWIGIF EIBRO(X,cぉ rk
Jennifer A.
Ass istant County Attorney
Approved as !o form rnd lcgltitY
IB24ち 1741)
‐3BOARD
と、:も R00K.
t21 v,
11.C.3
Packet Pg. 378 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
LESSEE:
CCATT LLC,
a Delawtte limited
Witness
Print Title: /%笏 レ ″%ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA :
: SSiCOUNTY OF WASHINGTON :
I,Shcila Osbome,a Nottt PubliC within and for tlle Commollwealth of Pennsylvania,duly commissloned
and acting, do hereby certiry that'on 1',;s 30f\., day of 20 16, personally appeared
before me of eeATT LLC, to me personally known to be
the person who signed the forc301拒 insturncnt,and who,bdn3 by me duly sworn and bemg hfOmed ofthe
contents of said iqstrument, stated and acknowledged under oath that (s)he is tbe
-
fY\q^ -Il',rr.si- Dev , of CCATT LLC, and, as such, is a duly
certified ltldividual rvho may enter into agreements on behalf of that entity. Moreover, (s)he has acknowledged that
the entity has executed the same as its voluntarl, act and deed and was voluntarily executed by (her)himself on
behalfofsaid entity, for the uses, purposes and consideration therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public the day and year above rwitten.
My Commission Expires; I l/13/18
ISICNATURE PAGE TO MEMORANDじ M OF FIRST AMLNDMENT OF GROUNDII:ASE FOR COヽ lMUNICAT10NS TOWERI
IPNE RIDGE I11
Sitc Namc:1)ine Ridgc H
Loc ID: 8168 2623
BUN:857506
(324751フ ll)
〇
-4‐
company
Print
11.C.3
Packet Pg. 379 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
E測 HIBIT A
DESCRIPTIoN OF PREMISES
Page 1 0f2
戦胤 諦酬 量.IttG鳥 野Ъ踏 穐篤 L鵬 9厳 盤。滋職 Ъ軍
li瞥 :楓 謝'M逸 ∫(質 χ蹴 誕『り1馴 疑週樵 趣践f暮 :∬需 臨ぷCourlty rccOrds、
Being the samc propcrty cOnveyed to C011icr Counw,Gttntce,from Iン Ouisc V`Taylor,as
Trustee,under an llnrecordcd trust agrcement entitled Louise V.Taylor Revocablc Living Trust,
Under Agreement dated September 16, 1987,Grantor,by Deed rccorded 12/10/1993,as Book
1893,IPage 549 ofthe cOllier County rccords.
Bcing the samc propcrty cO■vcyCd to COllier(3ounty,(〕rantcc, froln Donald Stcvcns Selis, a
maFriCd man, Gralltor, by Dccd rccOrded 12/10/1993, as B00k 1893,Page 547 of the Collicr
County records.
[See attached]
③
tB24751ク 4り
11.C.3
Packet Pg. 380 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
ζκ//″る
'‐
γ ｀′:244´ 2/2
T
f--w*".r
ん
"●
●―‐r‐ば″
“
01●|/―畷躍靭F~/
(⊃
| “ |
t___………………~~」
i喜 lm/L
|…
り
|∨ |
:・
・・
11::F´
~~1
′チ
′
11.C.3
Packet Pg. 381 Attachment: Crown Castle Amended and Restated 2016 (28458 : Max Hasse Tower Crown Lease)
11.C.4
Packet Pg. 382 Attachment: Termination of Lease Agreement (28458 : Max Hasse Tower Crown Lease)