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Agenda 11/12/2024 Item #16B 8 (Sencond Amendment to Ground Lease Agreement for Communications Tower and Memorandum of Second Amendment to GroundLease Agreement Lease Agreement forCommunications Tower with CCATT, LLC, )11/12/2024 Item # 16.B.8 ID# 2024-1628 Executive Summary Recommendation to approve Second Amendment to Ground Lease Agreement for Communications Tower and Memorandum of Second Amendment to Ground Lease Agreement for Communications Tower with CCATT, LLC, a subsidiary of Crown Castle USA at Max A. Hasse Jr. Community Park. OBJECTIVE: To approve a lease amendment for a communications tower at Max A. Hasse Jr. Community Park (“Community Park”) that incentivizes the tower's construction within the next 18 months. CONSIDERATIONS: On April 9, 2024, the Board of County Commissioners (“Board”) was informed that the tower at the Community Park had not been constructed, with Crown citing economic factors for the delay. A representative of Crown appeared before the Board and expressed a desire to renegotiate the lease to address these economic challenges and facilitate the construction of the tower. The April item is backup to this item. Since the April Board meeting, a pre-application meeting for the Site Development Plan (SDP) was held with Crown Castle and County staff, along with Parks staff, to review the new tower site configuration and design proposal. The focus was on maintaining the desired aesthetic of Max Hasse Park, ensuring continued safe access for pedestrians, meeting the carriers' coverage needs, and adhering to the Land Development Code standards. In preparation, a revised preliminary survey was drafted depicting the placement of the tower, tower site, and easement, with particular consideration given to maintaining the park's existing aesthetic. The lease has been renegotiated with Crown to include the following terms, which align with the discussions before the Board. 1. If construction of the Tower is completed within eighteen (18) months of the date of this Amendment, the LESSEE shall receive as a credit against future rent an amount equal to Three Thousand Five Hundred Thirty and 66/100 Dollars ($3,530.66) (such amount being the difference between the Annual Rent on a monthly basis in effect prior to this Amendment, and the Annual Rent on a monthly basis in effect after the completion of the Tower) multiplied by the number of months for which Annual Rent was paid as measured from the date of this Amendment and the date of completion of construction of the Tower. The resulting amount shall be credited against future Annual Rent payments. Based on an informal review of market data, the rental rate negotiated with Crown Castle for the cell tower lease is consistent with prevailing market rates. This research is included as backup and supports our conclusion that the lease terms are fair and aligned with current industry standards. For future cell tower leases, we will conduct a more thorough review and standardize rates in the future. Additionally, considering that Crown Castle has already paid $700,000 and is positioned to complete the tower in less than two years, we believe the rental rate is more than appropriate. 2. The County has the right, but not the obligation, to terminate the ground lease if the Crown does not erect the tower within 730 days (approximately 2 years) of the Board’s approval of the lease amendment. Crown’s existing termination rights do not change. Once the tower is constructed, so long as rent is being paid, Crown shall not be deemed to have abandoned the lease. 3. For no additional cost, Collier County reserves rights on the 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. County's Public Safety staff finds this approach acceptable to meet the community’s needs. 4. Increase tower height from 160’ to 185’ as allowed by current zoning regulations (185’ would allow 3 major operators to install with 12’ unique windows ABOVE Collier County at their 155’ Centerline). 5. Increase ground space area from current 25’ x 35’ (875 sq ft) to 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’ square feet for its equipment. Page 1602 of 5419 11/12/2024 Item # 16.B.8 ID# 2024-1628 6. Extend term an additional 30 years, which would extend the term to 2071. 7. Crown continues to bear all costs associated with the tower's construction, such as zoning and permitting approvals, etc. 8. Exhibit A is the Preliminary Site Plan, which approximates the location of the tower and related easements. Once the exact location of the tower and related easement are approved by Parks and GMD staff, the tower and easement locations will become final on the SDP. Section 2.C. of the lease amendment allows the finalized site plan to replace Exhibit A of the existing lease. 9. Exhibit B includes the standard terms and conditions that Crown will incorporate into any site license agreement with carriers collocated on the tower. The Memorandum of Second Amendment to Ground Lease Agreement for Communications Tower is a summary of basic lease terms for recording in the Official Records of Collier County. 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 original Lease. The termination deadline was subsequently extended incrementally by several letters, setting the new termination date as November 30, 2024. Without Board action by this date, the Ground Lease will automatically terminate. All letters are backup to this item. 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: An annual rent of $78,367.92, plus the applicable escalation, will be deposited into Max Hasse Community Park, Cost Center 156395 in Unincorporated GEN Fund 1011. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval. -SAA RECOMMENDATIONS: To approve Second Amendment to Ground Lease Agreement for Communications Tower and Memorandum of Second Amendment to Ground Lease Agreement for Communications Tower with CCATT, LLC, a subsidiary of Crown Castle USA at Max A. Hasse Jr. Community. PREPARED BY: Jennifer A. Belpedio, Manager, Facilities ATTACHMENTS: 1. Max Hasse Second Amendment and Memorandum 2. Max Hasse Cell Tower Research 3. Max Hasse Lease Abstract - Cell Tower 4. Max Hasse Park Tower Cingular WirelessExecuted Lease 5. Crown Castle Amended and Restated 2016 6. Termination of Lease Agreement 7. Lease Amendment Timeline Max Hasse Page 1603 of 5419 Page 1604 of 5419 Page 1605 of 5419 Page 1606 of 5419 Page 1607 of 5419 Page 1608 of 5419 Page 1609 of 5419 Page 1610 of 5419 Page 1611 of 5419 Page 1612 of 5419 Page 1613 of 5419 Page 1614 of 5419 Page 1615 of 5419 Page 1616 of 5419 Page 1617 of 5419 Page 1618 of 5419 Page 1619 of 5419 Page 1620 of 5419 Page 1621 of 5419 Page 1622 of 5419 Page 1623 of 5419 Page 1624 of 5419 Page 1625 of 5419 Page 1626 of 5419 Page 1627 of 5419 Page 1628 of 5419 Page 1629 of 5419 Page 1630 of 5419 Page 1631 of 5419 Supporting Research for the Second Amendment to the Max Hasse Cell Tower Land Lease All pertinent backup data for this item has been enclosed in brackets below. Page 1632 of 5419 thgl24,1:34 PM Cell Tower Lease Rates ln 2024 More Rent ln Your Agreement SHOW RATES NEAR ME r-dsL uPudLEu. rury r2, zuz4 What ls A Cell Tower Lease? A cell tower lease is a contractual agreement between a landowner that allows a tower company to place a tower on a specified portion of land in exchange for rent through a long-term agreement. The tower companywill then use the tower to transmit their own signal, like Verizon, or sublet space on the tower for wireless carriers to place their equipment. The value of these contracts is negotiated before installation, when the lease rypqjryq, and during !9399 buvout discussions. . Number ofcell towers in the Us - over 505,ooo . Average cost of building a cell phone tower - Sf45,ooo. . Average yearly cell phone tower lease rate - S21,5oo+ . wireless carriers added over 6S,ooo cell sites since 2019 . Cell Tower Companies Generate 2o+ Billion Dollars In 2023 . over 52o Million cell phones in United States . 9?o/o of att American adults own a cell phone . Almost 5oo/o Of All Americans Had A 5G Phone . h 2ozzOver z"lrillion Text Messages Were Sent . 89o/o of Americans can live without their smartphon€ . over 17o Billion Dollars Invested In 5G Since 2o18 How much do cell phone tower leases pay? In 2021, most new cell tower lease offers ranged from S40o per month to S1,80o per month, with the rent rat€s varying based upon multiple factors, including location, population density, network needs, & construction limitations. Cell tower rent rates did increase nominalty from 2022, but there was a drop in annual rent escalators an average of approximately 3olo annually to around 2olo annually, which on its face se€ms slight, but over typical cell tower lease term, which is between 25-fo years, could cost the property owner more than S2oo,ooo over the life of that agreement. Detailed information about rent ratesby state is included down this page. httpsl/wwwcelltowerleaseexperts.com/cell-tower-lease/fl:-:text=How much do cell phone,is included down this page 'I131 x CELL TO\^./ER TOI \,llHY CIOOSE US See Lease Rates ln Your Area Page 1633 of 5419 thgl24,1:34 PM Cell Tower Lease Rates ln 2024 More Rent ln Your Agreement SHOW RATES NEAR MEFREF. report, sce thc llctl'vor.l RF The rates paid across the United States varied based upon several following factors. watch the video to learn more or click here to read the article. WATCH VIDEO CL!ENT TESTIMIlNIAT httpsr/wwwcelltowerleaseexperts.com/celltower-lease/#:-1ext=How much do cell phone,is included down this page 2t31 cEr vEiTicA!CELL TOWEA IO I ! D CE WE lil I q a r I il EASES ,'l rlrj 2 r E 1 /t T ) )"""dLT*f pntprnrv owNER - oAtLAs TExAs I Page 1634 of 5419 9119124,1:34 PM Cell Tower Lease Rates ln 2024 N,4ore Rent ln Your Agreement SHOW RATES NEAR MEFIIEE report, scc the r Our clients on average get a 3o2olo increase in rent. D More Money ForYears To Come We fight for valuable rent increases. D Protect Your Land & Your Rights Many property owners are suprised when they find out how much control they've given up on their land. CellTower Rent Rates by State This chart shows the average rent rate by state for the 10 most populous states. While this data is useful, it should not be your only tool used to determine your monthly rent. This is simply an average of all carriers and tower companies. To determine the real value of your land as a cell site, you need to consider many other factors, which we discuss below. 3{U) 250 2m 15@ 10(D s00 s2,s18 s2,333 s1,93s s2,032 s1,768 S1,s90 sL,478 s1,313 51,203 s1,18s 0 CA TX FL NY PA IL OH GA NC MI httpsJ/www.celltowerleaseexperts.com/cell-tower-leasel#:-:text=How much do cell phone,is included down this page 3/31 GET VEiTIC I CELL TOWEP 'IOI \^/HY CHOOsE U REQUEST A CONSULTATION Average Cell Tower Rent - L0 Most Populous States Page 1635 of 5419 2023r Cell Tower Rent Rate Forecast - Vertical Consultants: Cell Tower Lease Experts SHOW RATES NEAR ME ! In 2022, cell towercompanies andwileless carriers signed lquJollg! lels€ agqements with property owners around the United States, for an average of approximately 51,145 permonth. The rates paid across the United Statesvaried based upon the following factors: . wireless Network Demand: If an area is either lacking sewice or has leached or exceeded network capacity. . Site Supply: How many viable properties/sites exist in the area that can either be used fora cell tower or rooftop cell site? . Permit/Zoning Restrictions: Does the area have stdct zoning permitting requirements thatwould limit cell towersor rooftop cell sites being installed? . Tlpe of Cell Site: Is the ploposed rent for a new cell tower agreement or an extension of an existing one? Is it a single or multi-subtenant site? . Cell Tower Lease Maturity: If a cell tower lease was initialy signed 15 or more years ato, it may be paying a rent significantly mole than one iust recently signed due to lent escalators, revenue share payments or other monetaiy elements ofthat agreement! so comparingcell tower leases even in the immediate area can besuspect. GETMYFREE REPORT As Seen In WSJ NL FOX voh,?PJ **?2 NBC MSNBC 2O252 FORE. CELL TOWER RENT RATES .ST obc 9/19/24, 1:33 PL4 I]RLI SEE RA TES IN YOUR AREA ftwrulo! Page 1636 of 5419 9/19/24, 1:33 PM 2023: Cell Tower Rent Rale Forecast - Vertical Consultants: Cell Tower Lease Experts SHOW RATES NEAR ME The above increase in cell towervalue did notpreventcell tower companies in their attempt to either pay lowerrent rates for new cell tower sites or to try to reduce edstrngcell towerrents. How lnflation lmpacts Value lrstly, oneof thebigstories of2022 was inflation, and cell towercompanies were not immune as the average cell tower build cost rose approximately r5olo due to rising material and labor costwhich results in anotherbarrier forcell tower companies to relocate eistingcell tower sites. How They Get People To Accept Less Cell tower companies and wireless carriers employed third-partyvendors to aggessively try to lenegotiate/reduce rent rates on existingcell site agreements across the United States, and with newcell tower leases site acquisition vendors, who are on the search for newcelltower locations, were directed and rewalded to get property o\,'iners to agree to subpar rent rates and cell tower leases with little or no rent escalations over the lifeofthosecell towerlease agreements. lfyou have been approached for a new cell tower lease agieement or have an eisting cell tower lease agreement, contact us to discuss thetruevalue ofyourcell towerlease, as there is no such thingas acell towermarket rent, average rate or cell tower rent comparable, as every cell tower leasehas its own individual value. contact us today to leam morevia a free cell tower lease revi€w and phone consultation. cetMore Rent! Get A Better Lease!! GetVertical! CellTower Lease Exp€rts ln The News FEATURED VIDEO https:/ ^/ww.celltowedeaseexperts.com/cell-tower-lease-news/2023-cell-tower-rent-rate-forecasU#:-:text=ln 2022%2C cell tower companies,immediate-.. 215 f_ ln ,or:, Ino.t n"r, "ell tower lease offers ranged from S4oo per month to S1,8oo per month, with the rent rates varying \I based upon the factors listed above. Cell tower rent rates did increase nominally from 202r, but therewas a drop in annual I rent escalators from an average of approxjmately 3olo annually to around 2olo annually, which on its face seems slight, butl loveratypicalcelltowerleaseterm,whichisbetween25-loyears,couldcostthepropertyownermorethans2oo,ooo II over the life of that agreement. I lcellto*erualuesdidincreasein2022baseduponrheexpansionof5Gthroughouttheuniledstates,resulring," I I additional/upgraded equipment being added to cell towers across the nation. I I rnis also resutted in exisung celt towers being more valuable due to the upgrades and these subtenants commlaing ,o I I longer terms, which prohibits the cell tower companies from relocating the cell tower site. J rr'i t q'Ewr.gdrffi=E*-il.----F Page 1637 of 5419 GrrOEin CELL TOWER LEASE RATES 2024 - WHAT DO CELL SITES RENT FOR? What are celltower lease rates in 2024 and what are the rents the property owners should expect to see on new cell site ground and rooftop leases, or on existing tower leases renewals? What do celltower leases actually pay? That's the million dollar question we get asked every day. ln 2024 and beyond, celltower rent payments are determined on a site by site basis. What is our cellular site lease really worth vs. what the tower company or carrier is of{ering us? How do we know what fair market value of a wireless telecom lease is? What about "cell tower comps" like the ones that exist in commerciaI realestate valuations? What is the average cell tower rent in California, Texas, Florida, New York, or pick yourcity? How are celltower rents determined or catculated in 2024? Do I need a calculatortollSure itout? Cell Tower Lease Rates 2024: What there's a lot of confusion by design. The biggestquestion that property owne6 tend to have about celltower rents when they ce!]lacl!!, is if they are getting paid correctly or fairly, when it comes to rent payments. ls the proposed .ell phone tower rent too tow? Are they (the property owners) asking for too much rent in the counter-offer? How shoutd thecell tower lease agreement be structured ? Most attorneys, real estate appraisers, realestate agents and financial The Diff€rence May shock You We're here to helpyou. Please provideyour Name, Email and Phone Number so a TowerGenius team membercan get back to you as soon as possible. Name' Email' Phone' TO,IER GEI$US !a.ts 12 ooo D-- I 6 3 -.I ,l Tower Genius vs. "experts" cqu W Get a call back from Tower Genius'Steve or Kevin. ieouest a Call Back Recent Posts what's the Best Timeto Negotiate a cell Tower Lease Renewal? T-Mobile Acquiring uS Cellular Wireless 9pe&tia!-L + Page 1638 of 5419 when you have Tower Genius.questions. And at best, maybe they haveseen a handfulofthesedeals in their lifetimes, at best. We get questionsiust tik. these.very we.k: "My uncle's neighbor has a celltowerthat pays 510,000 a month, so that's what lthink that weshould be gettinqpaid. Am I wrong?" "l know someone that has a cell tower on thet building with Verizon, AT&T f-Mobile and they get 55,000 monthly, so thatb what I told them that lwant, nowthey won't retun fiy calls." "lwas offercd 5500 per month for a ten year cell phone tower lease and it has 15 five- yeat renewals. should lsign it?" "The celltowet company representative says that they don't pay more than 5800 per month and 7.50,6 increases in rent every5 years." "The celltower company representative says that our celltower leasewas llagged for rcview and that in order to not sk having the cell towet lease teminated, we must sign an amendmentwhich modifies our lease, and lowers our monthly celltower rcnt payment by approximately 35o/o. Are celltower lease rent rates comingdown in 2024? What should we do?" Sell An lnherited CellTow€r Lease. Break out of the Wireless Matrix: Cell Tower Lease Rates in 2024 KnowThe Basics: What ls a cellTower Ground L€ase? Ch!rch LatrTai ar.aell'. ffi,rua lss- .e,.mrouo l dffii /q,'6 trfi-d/ ,=*r-SZ nrrrur\r&n CRAlillBlrnu .. .,-- lluu &*5o!!ry How Are Cell Tower Lease Rent Rates Determined in 2024? cell tower lease rates 2024... Here's the bottom line. There are many factors that go into determining the values of celltower lease rents in 2024 and they are the same uncharged factors that we at Tower Genius have used to calculate rents for celltower landlords. Cell tower lease rents are determined on a site by site individual basis and influenced by many factors: Direct Carrier L€ase (Land / vertical Structute) --'r ls it a direct carrier ground lease or rooftop cell site lease or a lease on a celltower that you own, directly with T-Mobile, Verizon Wireless, AT&T, DISH Network or US cetlular? A direct lease without a middle party willalways pay more. They can range anywhere from $5Oo per month to even S5,000 per month in some instances. cellTow.r Developct L.as. (utu.lly. Ground LGas!) ls the proposed celltower lease being offered by a ceLttower development or tower management company like American Tower, Vertical Bridge, Crown Castle, SBA Communications, Diamond Communications, Everest lnfrastructure, Harmoni Towers, Tillman lnfrastructure, PTI or others? These are not direct leases with Verizon, T Mobile or AT&T, these carriers are SUBTENANTS ofthe tower companies verizon will lease space from American Towerand your lease willbe with American Tower and notwithverizon. Verizon orthe carrier subtenant We understand celt towealease values and have been quoted in maior media for de.ades. ,r -lt Page 1639 of 5419 calculate cell Tower RentValues. monthly in rent, and American Tower orthecell tower companywilltryto payyou less than s1,000 per month What Are Other Factors That lnfluence CellTower Rent Values in 2024? Lo.ation (Aesthetics) Zoning & Land Use (wireless ordinance) Topography Wetlands Access to Utilitles (Fiberoptic) Availability of Suitable Locations (high demand for coverage + low supply of suitable locations = higher rent value) Tcffic (AlqI - dailyvehicle traffic or foot traffic can infl u ence cell site lease rent values) Existingsmattcellnodes (5G smallcells installed in public RightofWays- R.o.w.S paying only 5270 peryear in rent to the localcity municipality.) Need Help Answers About Cell Tower Lease Rates in 2024? Let's Talk! Contact Us we would love to hear from you! Please fitl out this form and one of us from Tower Genius willget in touch with you shortty. Name' firrt Phone'Email' Type Your Questions orComments Selowand Hit submit: lm not a robot - STEVE KAZELLA, FOUNDING PARTNER TowerGenius subnrit Form Coftact Towcr Genius ' "The only thing uglier than an ugly celltowet, is an ugly celltowerlease agreement." Page 1640 of 5419 th9l2^- 1:32 PM Cell Tower Lease Rates ln 2024 - Steel ln The Air Do you currently have one or more cell towers or cell sites on your property? Q ves O tto How can we help? -Please choose an optaon- rt l$tH. n IHt AtR Lease Rates CellTower Lease Consultants Home / CellTower Lease Rates ln 2024 What ls A Cell Tower Lease? Contact Us https:/,!ww.steelintheair.com/cell-tower-lease-rates/1t10 O. ! Ii.-- I.J,il I [- Since zooa, Steel in the Air has helped over 4,ooo private landowners, commercial property ownersl I municipat qovernments and other public entities (universities, public utilities. parks and churches) I I understand and favorably position thernselu"lEiEiiili lease negotiations and smatt cett I I infrastructure deployment. we take pride in providing our clients with the best advice in consideration I I of all possible factors. Whether you seek to deploy a DAS or small cetl solution yourself, or have been I L contacted by a company who wants to use your properly to install one, we can be of assistance. J Ph Page 1641 of 5419 91 l9124, 1 :32 PM ls there anything else v./e should kno Cell Tower Lease Rates ln 2024 - Steel ln The Air Submrl Where Do I Find Cell Tower Lease Rate Data? Cell tower lease data is not readily available to most landowners. While leases are recorded, the wireless carriers typically use a memorandum of lease which does not contain lease rate or other business term information from the lease. There is no Multiple Listing Service (or MLs) for cell tower leases. Steel in the Air has been gathering data about lease rates for nearly 20 years. Our database consists of nearly 13,000 leases that contain lease rate information. we have gathered this data from pub ic and private sources over the last two decades. Nobody has a more thorough lease rate database other than the tower companies and wireless carriers themselves. What Are Cell Tower Leases Worth ln 2022? On average, wireless carriers entered inlo new lease with landowners at an average of S1,05o/mo. or $'12,6oo/year on a nationwide basis. There is a wide variation though in what landowners are offered. Generally, most offers are between $500/mo. and $1,50o/mo. for new qround leases for telecommunication towers. The average lease rate for all ground leases in our dalabase in 2022 is just under $1,300/mo. lt hasn't changed from 2021 but is up from 2018 when it was $1,220lmo. These averages include rural, suburban, and urban towers including newly-built 5G towers. 2022 Average Proposed Cell Tower Ground Lease Rate $12,60O/year 2018 Average Proposed Cell Tower Ground Lease Rate $14,640/year 2022 Average Cell Tower Ground Lease Rate For All Leases (New And Existing) $l5,OOO/year Do Cell Tower Leases Pay More ln One Area Of The Country Over Another? They do. lf you examine the chart below, you can see the top 10 most populous metropolitan areas in the United States with the average monthly and annual rents lor leases. This data is from a study that we conducted for a client where we looked at average lease rates for ground leases and collocation leases in urban, suburban, and ruralareas. https://www.steelintheaircom/cell-tower-lease-rates/2110 t Page 1642 of 5419 9119124. 1:32 PM 2022 Population (Estimated) CellTower Lease Rates ln 2024 - Steel ln The Air 19.2 M $ 1,900 $ 22,800 Los Angeles 13.2 M $ 18,000 Chicago 9.5 L,t $ 1,300 $ 15,600 Dallas Metropolitan 2022 Population (Estimated) Average Cell Tower Lease Rate (Month) 2022 Population (Estimated) Metropolitan Area Average celltower lease (annual) Average Cell Tower Lease Rate (Month) Average celltower lease (annual) Metropolitan Area 2022 Population (Estimated) Average CellTower Lease Rate {Month) Average celltower lease (annual) Metropolitan Area https://www.steelintheair.com/cell-tower-lease-rates/ 76M 3/10 $ 1,soo Page 1643 of 5419 thgl24.1t32 PM Metropolitan Area 2022 Population (Estimated) Average Cell Tower Lease Rate (Month) Cell Tower Lease Rates ln 2024 - Steel ln The Air $ 12,000 Houston t.1M $ 1,000 $ 12,000 Washington DC 6.3 M $ 1,7s0 $ 21,000 Miami 6.2 M Average Cell Tower Lease Rate (Month) 2022 Population (Estimated) Average Cell Tolver Lease Rate (Month) Average celltower lease (annual) [,letropolitan Area 2022 Population (Estimated) Metropolitan Area Average celltower lease (annual) Average CellTower Lease Rate {Month) Average celltower lease (annual) https:/Ar./ww.steelintheair.com/cell-tower-lease-rates/ $ 1,750 4t10 $ 1,000 Page 1644 of 5419 thgl24, 1:32 PM Cell Tower Lease Rales ln 2024 - Sleel ln The A r $ 18,000 Philadelphia 6.1 M $ r4oo $ 16,800 Atlanta 6.0 M $ 1,400 $ 16,800 Phoenix 4.9 M $ 1,300 Average celltower lease (annual) Metropolitan Average Cell Tower Lease Rate (Month) Average celltower lease (annual) lVetropolitan Area 2022 Population {Estimated) 2022 Population (Estimated) Average CellTower Lease Rate (Month) Average celltower lease (annual) Average CellTower Leas€ Rate (Month) Metropolitan Area Population (Estimated) Average celltower lease (annual) https://www.steelintheair.com/cell-lower-lease-rates/ $ 1s,600 5/10Page 1645 of 5419 9/1s124 1:32 PM Metropolitan 2022 Population (Estimated) Average Cell Tower Lease Rate {Month) Average celltower lease (annual) Cell Tower Lease Rates ln 2024 - Steel ln The Air San Francisco 4.7 M $ 2,s00 $ 30,000 Even in these metropolitan areas, there are pockets of variation- meaning that leases in Oakland generally average less than San Francisco proper. Below is a heat map showing which states in the United Slates have the highest celltower lease rates (orange) and the lowest (blue) on average. a o a httpsi//www.sleelintheair.com/cell{ower-lease-rates/6/10 a o oa a a o a a ' :. " t:E 'ao@*t. i ot'a o Oo Page 1646 of 5419 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 Page 1647 of 5419 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. Page 1648 of 5419 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 Page 1649 of 5419 Page 1650 of 5419 Page 1651 of 5419 Page 1652 of 5419 Page 1653 of 5419 Page 1654 of 5419 Page 1655 of 5419 Page 1656 of 5419 Page 1657 of 5419 Page 1658 of 5419 Page 1659 of 5419 Page 1660 of 5419 Page 1661 of 5419 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)/ae7Page 1662 of 5419 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 Page 1663 of 5419 (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 ○Page 1664 of 5419 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 Page 1665 of 5419 EXHIBIT｀A'' Site Sketch lSee altachedl Sitc Narγ、ci Pit,c Ridgc ll I′oc ID: 8168 2623 1〕t'N:857506 18217520811 Page 1666 of 5419 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 | | Page 1667 of 5419 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 Page 1668 of 5419 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: Page 1669 of 5419 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 Page 1670 of 5419 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 Page 1671 of 5419 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 Page 1672 of 5419 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 Page 1673 of 5419 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 Page 1674 of 5419 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 Page 1675 of 5419 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 Page 1676 of 5419 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 Page 1677 of 5419 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 Page 1678 of 5419 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 Page 1679 of 5419 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 Page 1680 of 5419 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 Page 1681 of 5419 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 Page 1682 of 5419 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 Page 1683 of 5419 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°Page 1684 of 5419 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- Page 1685 of 5419 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, Page 1686 of 5419 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 Page 1687 of 5419 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 Page 1688 of 5419 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 ′ Page 1689 of 5419 Page 1690 of 5419 TRK# SHIP DATE: 01MAR24 ACTWGT: 0.50 LB REF: 799001.7680 INV: PO: DEPT: 0201 ORIGIN ID:PITA (724) 416-2012 JEREMY SIMPSON CROWN CASTLE 2000 CORPORATE DRIVE CANONSBURG, PA 15317 UNITED STATES US CAD: 104924195/INET4535 TO ATTN: JEFFREY A. KLATZOW, CO. ATTY COLLIER COUNTY ATTORNEY'S OFFICE 3229 TAMIAMI TRAIL EAST, SUITE 800 NAPLES FL 34112 (850) 898-6500 BILL SENDER 583J6/194B/9AE37753 8155 1975 TUE - 05 MAR 5:00P ** 2DAY ** 34112 FL-US RSWSP APFA J241024011001uvPage 1691 of 5419 Page 1692 of 5419 Page 1693 of 5419 Page 1694 of 5419 Page 1695 of 5419 Page 1696 of 5419 Page 1697 of 5419 Page 1698 of 5419 Page 1699 of 5419