Agenda 07/08/2025 Item #16F 7 (Third Amendment to the License Agreement with American Towers LLC.)7/8/2025
Item # 16.F.7
ID# 2025-2206
Executive Summary
Recommendation to approve the Third Amendment to the License Agreement with American Towers LLC, a Delaware
Limited Liability Company, in order to authorize Collier County to modify public safety communication equipment on a
communications tower previously installed at the North Collier Fire and Rescue Station 10 located on 13240 Immokalee
Rd, Naples, FL 34120.
OBJECTIVE: To approve a Third Amendment (“Amendment”) to the License Agreement (“License”) with American
Tower Corporation (“Licensor”), to authorize Collier County (“County”) to modify equipment on the communications
tower at the North Collier Fire and Rescue Station 10 on 13240 Immokalee Road, Naples, FL 34120.
CONSIDERATIONS: The original License was approved on March 27, 2003. The County has been leasing a location
on the tower owned by the Licensor, located at North Collier Fire Station 10, 13240 Immokalee Road, Naples, FL
34120. The equipment at this location is part of the County’s public safety radio system.
Key Terms:
Monthly License Fee: It is being increased by $2,591.80 per month, (an additional $31,101.60 annually) to $10,866.34
per month, making the new annual rent amount $130,396.08.
Improvements: The County will be making modifications to the existing equipment installed on the tower to increase the
tower’s capacity, uptime, and resiliency.
The rent increase per month is attributed to the additional tower capacity required for the size of the County’s
equipment. The County’s Telecommunications Manager has reviewed the Exhibit and terms of the Amendment and to
ensure the correct equipment is included in this Amendment.
The License Agreement second renewal term currently ends on July 28, 2030.
This item is consistent with the Collier County strategic plan objective to optimize the useful life of all public
infrastructure and resources through proper planning and preventative maintenance.
FISCAL IMPACT: The monthly rent of $10,866.34 will be paid from the 800MHz Inter-Governmental
Communications Program account number 1060000000-140480-644600. These costs were factored into the FY26
budget for fund 106000000.
GROWTH MANAGEMENT IMPACT: The item is consistent with the Growth Management Plan
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board
approval. - SAA
RECOMMENDATIONS: To approve the Third Amendment to the License Agreement with American Tower, L.P.,
and authorize the Chairman to execute the Third Amendment.
PREPARED BY: Nathaniel Hinkle, Telecommunications Manager
ATTACHMENTS:
1. Third Amendment with Exhibit License Agreement
2. License agreement 3-27-03
3. First Amendment
4. Second Amendment
Page 3636 of 4096
Licensor Site NameNumber: CORKSCRIW FIRESTATION FL, FLl 22910
Licensor Contract Number: 52602
Licensee Site NameNumber: Corkscrew/ s I8
THIRD AMENDMENT TO LICE,NSE AGREEMENT
This Third Amendment (the "Third Amendment") to that certain License
Agreement dated March 27,2003, by and between American Tower, L.P. and Collier
County, Florida (the "License"), as amended by that certain First Amendment to License
Agreement dated April 28,2004, as amended by that certain Second Amendment to
License Agreement dated September 15,2020, (collectively, the "Agreement") is made
and entered into as ofthe latter signature date hereoi by and between American Towers
LLC, a Delaware limited liability company, as successor-in-interest to the Agreement
(the "Licensor") and Board of County Commisioners ol Collier County Florida (the
"Licensee") (collectively, the "Parties").
RECITALS
WHEREAS, Licensor owns a certain communications tower on a certain parcel of
land located at 13240 Immokalee Road, Naples, FL 34120-1468 more commonly krown
to Licensor as the CORKSCREW FIRESTATION FL, FL tower site (the "Tower
Facility"); and
WHEREAS, Licensor and Licensee entered into the Agreement for the use of a
certain portion of the Tower Facility; and
WHEREAS, Licensee desires to modi! its equipment at the Tower
Site("Modified Equipment"); and
WHEREAS, the Parties agree that as consideration for Licensee's Modified
Equipment, the current Monthly License Fee payable under the Agreement shall be
increased as set forth herein.
NOW THEREFORE, in consideration of the foregoing promises and for other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereto agree as follows:
l) Licensor and Licensee agree and acknowledge that Licensee shall modifl its
equipment for a final installed configuration pursuant to Exhibit A (Third Revision).
2) Licensor and Licensee agree and acknowledge that Exhibit A (Second Revision) to
the Agreement is hereby deleted in its entirety as of the date this Third Amendment
is fully executed and shall be replaced with Exhibit A (Third Revision) anached
hereto and incorporated by this reference. In the event of inconsistency or
discrepancy between Exhibit A (Third Revision) and Licensee's equipment
information set forth in the Agreement, Exhibit A (Third Revision) shall control.
3) Effective upon the earlier to occur of: i) the issue date of the NTP by Licensor; or
ii) September 1,2025, ("Commencement Date"), the Monthly License Fee shall be
increased by Two Thousand Five Hundred Ninety-One and 80/100 Dollars
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Page 3637 of 4096
Licensor Site NameNumber: CORKSCREw FIRESTATION FL, FLl 22910
Licensor Contract Number: 52602
Licensee Site NameA.lumber: Corkscrew/ sl8
($2,591.80) per month ("lncreased Fee"). The Increased Fee for any fractional
month at the beginning or end ofthe period shall be appropriately prorated.
4) The Parties agree that (i) a digital or electronic signature on this Third Amendment
and/or (ii) a fully executed scanned or electronically reproduced copy or image of
this Third Amendment shall be deemed an original and may be introduced or
submitted in any action or proceeding as competent evidence of the execution,
terms and existence hereof notwithstanding the failure or inability to produce or
tender an original, manually executed counterpart of this Third Amendment and
without the requirement that the unavailabitity of such original, manually executed
counterpart ofthis Third Amendment first be proven.
5) Capitalized terms contained herein, unless otherwise defined, are intended to have
the same meaning and effect as that set forth in the Agreement.
6) All other terms and provisions of the Agreement remain in full force and effect.
[SIGNATURES APPEAR ON THE NEXT PAGE]
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
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Page 3638 of 4096
Licensor Site Name/Number: CORKSCREW FIRESTATION FL, FL/ 22910
Licensor Contract Number: 52602
Licensee Site NameNumber: Corkscrew/ sl8
IN WITNESS WHEREOF, the Parties hereto have set their hands to this Third
Amendment to that certain License Agreement as of the day and year written below:
LICENSOR:
American Towers LLC, a Delaware limited
liability company
By:
Name:
Title:
[)ate:
I,ICENSIiE:
DA'I'ED:
ATTEST:
Crystal K. Kinzel, Clerk
BOARD OF COUNTY COMMISSIONERS.
COLLIER COLTNTY, FLORIDA
BY:BY:
, Deputy Clerk BURT L. SAUNDERS. CHAIRMAN
Approved as to form and legality:
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Sorr, h. fta)\w( q./
Assistant County Attomey \S\\l/"
3 Page 3639 of 4096
Licensor Site NameNumber: CORKSCREW FIRESTATION FL. FL/ 22910
Licensor Conbact Number: 52602
Licensee Site NarneA.lumber: Corkscrew/ sl8
Exhibit A (Third llevision )
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Page 3640 of 4096
Exhibit A (Third Revision)
Customer Name:
COLLIER COUNTY
ATC Asset Name:
CORKSCREW FIRESTATION FL
ATC Asset #
22910
Customer Site Name
Corkscrew
Customer Sile #:
s18
GROUND SPACE REQUIREMENTS
Iglallease_Arca Sq.Ft: 392.00 Primarv Contiouous Lease Area L. 12.OO'W: 26 00' H Sq.Ft: 312.00
Customer Building 12.OO 26.00'12.00'312.00
Outside Primarv Lease Area N/A N/A N/A Sq.Ft: 80.00
Generator AREA 8.00'10.00'12.00 80.00
BACKUP POWER REQUIREMENTS
Generator: Stand Alone Fuel Tank Size (gal):500.0 FuelType: Diesel FuelTank Setback (radius): N/A
UTILITY REQUIREMENTS
Power Provided By: Utility Company Direct
Telco/lnterconnect: N/A
TRANSMITTER & RECEIVER SPECIFICATIONS
Type: TXRX Quantity: 3 0 TX Power (watts): 34 ERP Power (watls): N/A
EOUIPMENT SPECIFICAIIONS
Type OMNI DISH HP DISH.HP DISH,RADOIUE OMNI DISH.HP
Manufacturer RFS RFS RFS [,4icrowaves
Model#BMR12,H.B1 VHLP6,6W PADGWsgBC w/
Radome BMR12.O.B1 VHLP3.11W 3WH
Dimensions
HxwxD 240"x66"r66"6.36'x 6.36'x 2.81'6.36'x 6.36' x 2.81'6.58'x 6.58'x 1.19'3.28'x3.28'x2.02'
weight (lbs.)920 185 0 185.0 181 .0 92.O
Location
RAD Center AGL 202.0'170.0'168.o'.167 0'165.0'135.o',
Tip Height 212.0'113.2'171.2'170.3'175.O'136.6'
Base Height 192 0 166.8',164.8'163.7',155 0'133.4'
Mount Type Side Arm Pole l\,4ount Pole Mount Side Arm Pole [,,lount
Quantity 2 1 1 1 1 T
Azimuths/Dir. of
Radiation 90 283 55 266 2 360 55
Quant. Per
Azimuth/Seclor 2 1 1 1 1 1
T)URX Frequency
Lrnits [rHz GHz GHz N,4HZ MHz GHz
TX Frequency 6s25,6785 6s25-678s 6525,6875 851-860
RX Frequency 6525-6B75 6525-6875 6525-6875 806-815 6525-6875
Using Unlicensed
Frequencies?No No No No No No
Antenna Gain 154 35.7t 36.9t37.7 35.7t 36.9t37.7 36.3t 37t 37 .6 12 35.1/ 36.3/ 36.9
Total * of Lines 2 1 1 1 1 1
lndividual Line
Configuration
Qty: 2
Type: Coax
Diameter: 1 5/8"
Coax
Azimuth/Seclor: 2
N/A N/A Qtyr 1
Type: Elliptical
Diameter: EW63
Azimuth/Sector: 1
Oty: 1
Type: Coax
Diameter: 7/8" Coax
Azimutlvseclor: 1
N/A
Conduit
Configuration
Qty: 1
Type: 1 1/4'conduit
containingl
1-Elliptical; EU 63
Azimuth/Sector 1
N/A N/A Qtyi 1
Typei 1 1/4" conduit
containing:
1-Elliptical; EU 63
Azimulh/Sector: 1
@Revisionf I - 0A479?645 Exhibir page I of I
VHLP6.6W
53.0
851-860 6525-6785
806-8'r5
Qty: 1
Type: 1 'll4'conduit
containing:
1-Elliptical; EU 63
Azimuth/Seclor: 1
Page 3641 of 4096
72f
ATC SITE NAME / NUMBER| Corckscrew, FU229l0
CUSTOMER SITE NAME/ NUMBER: Big Corksc'ew Fire
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This LICENSE AGAEEMENT ('Agreement') made this < T day ot &!4 ZOO3, ('Eflective Date") by and
between Ameri{:an Towei, L.P., a Delawars limited partnership, wilh a place ot business at 10 Presidential Way. Wobum,
MA 01801 ("Licensol") and Collier Counly, Florida wilh a place ot business at 33Ol Tamiami Trail East, Napl€s. FL 34112
('Ucenssg'). The attached Terms and Conditions ars incorporatod h€rein by this refgrence.
TOWEB SITE INFOFMATION;
Site Name: Co*screw
Site Numb€r: 22910
Addrgss and/or location of Tower Site: 13240 lmmokalee Road, Collier County, Naples, FL 34120
Coordinates: Lat.26-1S31.61N Long.81-35-35.47W
NOTICE & EMERGENCY CONTACTS:
Licensee's local emergency contact (name and number): John Daly/239-982-0638.
Licenso/s local emergency contact (name arld number): Network Operations Communicalions Center (800) 830-3365
Notices to Licensee shall be sent to the address above to the attention ol lntormation Technology, John Oaly.
Noticas to Licensor shall be sent to lhe address abov€ to the att€ntion of Contracts Manager.
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APPROVED USE OF TOWEB SITE 8Y LICENSEE:
Transmitting frequencies: 855-860MHz & 6525-6875 MHz Receiving lrequencies: 855-860 MHz & 6525-6875 MHz
Antenna mount height on to\,rer: 175' & 195' tt. AGL (See E&j!i!_^ lor specilic localion description)
All other permitted use of lhe Tower Site including, without limitation, Licensee's Approved Equipment (as defined in S€ction
'1 herein), frequencies, channels and the identilication and locatron ol the Licensed Premises (as defined in Section t herein)
at the Tower Site are described in EI[iEi]S_A3!!LE are incorporated herein by relerence and made a part hereol.
EsrEEU
The "Monlhly License Fe€" shall be Tt/vo Thousand Sixty Four and No/'100 Dollars (S2,06,4.00), adjustod on July 1, 2003 and
on each July ls therealter during the lnilial Term and during any Renewal Tems by the "Annual Escalato,". ll the
Commencemenl Oate is earlier than Juty '1, 2003, flen the Annual Escalator adjustment made to the Monthly License Fee
on July 1, 2003 shall be pro-raled to. each lull calenda, month between the Commencement Date and July 1, 2003. The
Annual Escalator shall be li\€ percent (5%l pet year,
The "Site lnspection Fee^ shall b€: One Thousand Five Hundred Oollars (S1,500.00), as adjusted annually by a percentage
rate increase equal to the Annual Escalator.
lnitial Tem: Th6 "lnitial Term" of this Agreement shall be lor a period of fi,/e (5) years beginning on the Commencement
Oate. Subj€ct to Section '1, the 'lcommencement Date' shall be delined as the earlier of: (i) the commencement ol
inslallation or construclion ol any improvements by Licensee at the Tower Site: or (ii) May 30, 2003.
Renewal Terms: The "Fenewal T6rms" of this Agreoment shall be lhr€s (3) additional podods of live (5) y6ars each.
Electricity lor operation o, Approved Equipment is to be provided by (check one):
E Licensor al the monthly rate of S-, adiusled annually by the Annual Escalator and subject lo Sections 3 & 5 OR
E Licensor, wilh such being included in the Monthly License Fee and subject to S€clions 3 & 5, OB
EI Licensee, at its sole expense.
OTHER PFOVISIONS
Olher provisions: (check one): fl None El Aslisledbelow
NoMthstanding anything to lhe contrary in this Agreement, the ofter to Lic€nsge €xpressed in lhis Agreement shall
automatEally become null and void rt/ith no furlher obligalion by eilh€. party h€relo il a struclural analysis ot lhe
Tower Site complet€d afle. the execution ol this Ag.eem€nt by Licensor but bstore the Cornmancement Oate of the
lnslallalion ot License€'s Additional Equipment indicatGs that lhe Towsr Site is not suitable lo, Licansee's Additional
Equipmsnl unless Licsnsor and Lbsnsee mutually agree that structural modilicalions or repairs shall be made to
the Toi'/er Site on mutually agreeable lerms.
SSIS shall be a lee of One Thousand Fivs Hundred Oollars (S1,500.00) pursuant to Section I below.
Licensor and Licensee agree and acknowledge that this Agreemenr is conringent upon a satis,acrory SSIS.
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UCENSE AoaEExE rr
ATC Contracl No: _
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Page 3642 of 4096
ATC slTE NAME / NUMBER: Corckscrew. FU22910
CUSTOMEB SITE NAME/ NUMBER: Big Corkscrew Fire
American Tower, L.P,, a Delaware limit€d partnership
By: ATC GP, lnc., its sole general partner
By:
Print N len Mitchell
resident
BOARD O UNTY MISSIONERS,
COLLI U FIDA
8y;
Tom Henning, Chairman
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AS TO THE LICENSOFI
DATED
Witness (sign re)
(print name
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/"a.i 1.C.J...
(print name)
AS TO THE LI ENSE
DATEO
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rturc on ly.
roved as to fo.m aM l€gal sufliciency
Thomas C. Palmer
Assislanl County Attomey
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lN WITNESS WHEREOF, the Parties, each in consideration of lhe mutual covenants contained herein, and for other good
and valuable consideration, intending to be legally bound, hav€ caused this Agreement to be executed by their duly
aulhorized representatives as of the Efective Oate first above-wriien; provided, howevet, lhat this Agreement shall not
become sftective as lo either Party until executed by both Parties.
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Page 3643 of 4096
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ATC SITE NAME / NUMSEB: Corckscr€w. FU2291o
CUSTOMER SITE NAMg NUMBEFI: Big Corkscrel,{ Fire
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TEAMS ANO CONSITIONS
GFANT OF LICENSE. Lic€nsor hereby agrees to license to Licensee space lor the housing, installation and operation
ol tho communications equipment specifically described in EIUIII\ attached hereto ("Approved Equipment") wilh the
location of such Approved Equipment being more specifically described in Exhibits A and B ("Ljcensed Premises") al the
communications tower, antenna structure or roottop tacility described in the Tower Site lnformation section on page 1
("Tower Site"). All Approved Equipment shall be and remain Licensee's personal property. Licensor shall maintain the
communication facili, locatsd on the Tower Site in good condition and in a manner which will nol disturb Licensee's
reasonable use of the Ljcensed Premises. Licensee shall also have a right lo: (i) install and maintain wires, cables,
conduits and pip6s eilher within, over, under or aiong the Tower Site; and (ii) to use any specific right of way for access to
the Tower Site, each at locatioos mutually agreed upon by Licensor and Licensee. ln the event any public ulility is unable
to use the sxisting right-otway, Ljcensor agrees to grant an addilional right-of.way at lhe Tower Site either to Ucensee or
to the public utilit at no cost to Licenseg to the extent permitted under lhe Ground Lease at a location acceptable to the
Licensor. Subjoct to Section 15 herein, Ucensee shall be solely and directly r€sponsible lor any and all prope/ry damage
that results from the installation of any cabl€s or utility wires by Ljc€nsge or any company or person letained by Lrcensee,
including, without limitation, any propedy damago that results trom the accidental cutting ot utility wres or cables ol any
other p;rty op€rating at the Tower Site. Licensee shall notify Licensor no less than five (5) days prior to the date upon
which Licensse intends to commence any construclion or installalion at the Tower Site, together with a construction
schedulo, so as to provide Licensor with an opportunity to be pres€nt during any such installatlon or construction. ln
addition to the foregoing, Ucensee shall notity Licensor of the actual date of Licensee's commencement of any
installation or consmiaioir at the Tower Sile no more lhan five (5) days following such commencament, and with such
notice in writing in the form of the notice anached hereto as EIhDi!-Q. ln the evenl lhat Licensee lails to provide such
written notice the date ol such commencem€nt for lhe purposes ol the determinatjon of the Commencemenl Oate of this
Agreement, then the Commencement Oate shall be deemed to be the Effective Date. Licensee's right lo cure under this
Alreement shall not be applicable to a failure to deliver limely writton notice of such commencement notice. Licensor
sliall provide Licensee with one set ol keys andlor codes lo access the lower Site so that Licensee shall have lhe nghl
ol access to the Licensed Premises 24 hours per day, 7 days per week, lo the enenl permined under lhe Ground
Lease. Licensee shall be responsible for ensuring that Licensor has, at all limes, a complete and accurate written list ol
all employees and agents of Licensee who have been provided lhe access codes to the Tower Site.
EXHIBITS. Within torty-tive (45) days following the commencement of the installation of lhe Approved Equipm€nt,
Licensee shall provide Licensor with as-built drawings or construclion drawings ol the Approved Equipment as installed
in both hard copy and gl€ctronic form ("Construclion Drawings), such Construction Drawings shall include the location
ol any shelters, tabinets, grounding rings, cables, and utility lines associated with Ljcense€'s us€ of the Tower Site.
Upon receipt, U"en"o, "h"]t
insert hereto the Construction Orawings as EI[U!!-Q. ln the event that Licensee fails to
deliver the Construction Orawings as required by this section, Licensor may cause such Construclion Orawings to be
prepared on behalt ol Licensee;nd Licensor shall assess a fee lor such Construclion Drawings of cosl, including in'
'house labor, plus twenty percent (2oolo). which upon invoice shall become immedialely due and payable. ln the event o(
inconsrstency or discrepancy between (a) Exhibit A and Ellihilq hefeto, Elbiuill! shall govem, and (b) bewveen El[ihi]
A (with rssp;t to Approved Equipment and antenna locations) together with E&jU!-B (with r6spect lo ground space
-hsialation iocarionsj ano Exntbit d nereto, Elbigisl-alC-q shall govern, notwilhstanding any approval or signature by
Lacensor or its emptoyeesi-Any wctr inconsistency or discrepancy between E,[ib1'-lLg-A!llq as set lorth in the
foregoing sentence shall be deemed a materialdelaull by Licensee hereunder.
LTCENSE FEES; TAXES; ASSESSMENTS. The Monthly Ucense Fae, as adjust€d by the appllcable Annual Escalator,
shall be payable in advance on the first day of each calendar month beginning upon th€ Commencement Da1e. lf lhe
Commencemont Date is nol lh€ first day ol; calendar month, lhe Monthly License Fee tor the firsl partial month shall be
prorated on a daity basis. The Monthly License Fee for any last partial month in the t€rm of this Agreement shall also be
prorated on a daili basis. Ucensee shall be solely responsible for all utility charges directly attribulable to the Approved
'Equipment, excepi as otherwise provided on pag;1 ol lhis Agreemenl. Ucensor shall be responsible for the paymenl of
its p;o rata shar€ of any appticaite taxes or govemmental asse$smeots against the Tower Site or Licensee's personal
property and improvem;nts thereon owned and maintained by Ucenso.. LjcerEee shall be responsible for the payment
bt iny'appticaOte taxes, le€s or govemmental assessments against any equipmeni, personal property and/or
improvements owned, l6as€d or op;rated by Ucensse or directly associated wilh Licensee's use ol the Ljcensed
premises. Ucens€e agrees lo pay or reimburss Licensor for any and all taxes, fees, or olher costs and expens€s
assessed upon or paid by Ljcensoi to the Uniled Stat€s Forest Service or Bureau of Land Management attribulable to
Ljcensee's ApproveO Equlpment, Licensee's use of or License€'s pr€sence at the Tower Site. All payments due under
this Agre€m6;t shall be mad6lo tjcensor at lhe address listed on page 'l ot such other address as Uceflsor may notify
Ucen&e d in writing andor upon such invoice. All payments dus under this Agreement shall b€ rounded up to the
nearest whole dollarimount. The CPt means the Consumet Price lndex lor All Urban Consum6.s, U.S. City Ave.age
(19g2-19g4=1OO), as pubtished by the United Slates Departm€nt ol Labor, Bureau ol Labor Statistics. lf the index is
discontinued or ievised, such oth;r govemment index or computation with which it is replaced shall be used in o.der to
obtain substantially the same result as il the lndex had not been disconlinued or r€vised'
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Page 3644 of 4096
ATC SITE NAME / NUMBEFI: Co.ckscre\ry, FU22910
CUSTOMER SITE NAMS NUMBER: Big Co.kscrew Firo
TEHM. The lnitial Term ol this Agreement shall be as sp€cilied on page 1. This Agreement shall automatically be
renewed for the Benewal Terms, if any, also staled on page 1 unless either Party gives to lhe other one hundred eighty
(iaO) Oays wdnen notice ol termination prior to lhe expiration ot the then-currenl term. Upon expirataon, cancellation or
i;;;t6; of this Agreement tor any reason, Licensee shall: (i) remove the Approved Equipment and any other
prop"rty "t Licensee irom lhe Licensed Premises at Licensee's sole risk, cost, and sxpense; (ii) deliver the Licensed
Frehisis ln substantially the same and in as good a condition as received (ordinary wear and tear except€d); and (iil)
,"j"ii "ny
property Oam;ge caused by the removal of the Approv€d Equipment within 1O days of the o@unence ol such
OJmage.' in tire event ttrit Ucensor'i right to license space to Licensee at the Tower Sile is subject lo a right ol firsl
refusa] lor the benefit ol a third party or;onsent lrom the underlying lessor of the Ground Lease, Licensor shall reserve
the righl to terminate this Agreement in the event thal such third party lails lo refus€, consent or waive (or is deemed to
have refused or waived) such right or consent.
COUMON EXPENSES; UTILITIES. License€ shall reimburse Ljcensor for Licensee's prq rala share of cosls and
e)eenses incurred by Ucensor for the malntenance, repair and replacement of common lacililies at the Tower Sile
including, without limitation, damage to fences, gates, access roads, and the tow€r,ftructure. Notwithslanding the
foregoirig, the cosl and expenses associated with any damage which is directly attributable lo the acts or omissions ol
UceiseJ or Licensee's contractors shall be bome solely by Licensee. Ucensee shall not be required to pay any share
ol costs or exp€nses incurred to replace the tower structure. In lhe event that Licensee also licenses space within a
building or sheller owned by the Licensor on lhs Tower Sile, Licensee shall also reimburse Licensor lor its pro-rala
snare 6t all co.ron "p"ni"s incuned lor the operation, maintenance, repair and teplacement associaled wilh such
building or shelter, including, without limitation, the physical structure of lhe building, HVAC system, and common utility
""pen"i". ln ths event lhit Licensee is connected to a generator or back-up power supply owned by the Ucensor,
Licensee shall also reimburse Licensor for its pro.rata share of all expenses incurred lor lhe op€ration, maintenance,
repair and replacoment associated with such generator, including, without limitalion, fuel expenses and replacement
For lhe purposes ol this section, a hro.rata sh;re" of costs and e&enses shall be determined based on the number ol
licensees using the Tower Sito on the first day of the month in which an invoice is mailsd to Ljcensee. Licensee shall
reimburso Uce;sor lor common expenses within thirty (30) days tollowing receipl ol an invoice lrom Ljcensor. Licensor
and/or Licens€€ shall be responsible for the utility costs associated wilh the operation of Licensee's Approved
equipment as set forth on page 1: provided, however, thal (a) in no event shall Licensor provide Licansee with telephone
service: and (b) in the event ihat Ucensor provides access to electricity or utilities to Licensee ,or a fixed lee or inclusive
in the Monthiy License Fee, Licensor reserves the righl to reasonably increase such lees based on any change in
equipment or increased power requirements by Licensee.
INSTALLATION 8y LICENSOR. Licensee shall submil to L,censor its scope of work requirements for the installation ol
its Approved Equipment within ten (10) business days lollowing the Fffective Oale and wilhin a reasonable period ol
time prior to any planned subsequert modification to or installation ot additional Approved Equapment (but in no event
tess itran nneen 1!s) business days). Unless Licensor otherwise ootifi€s Ucanse€, Ucensor shall install or shall cause
th€ instaltation oi the Approved Equipment at the standard markel rate lor such services (by experienced antenna
system installe6 and exciuding any discounts which may be otlered or are avai6b6 from timo to tjme). The Parties
iiiee to Oitig"nlly and in gooO-faittr negotiate a construction contracl to install the Approved Equipment. lf lhe Parties
i"iiio "grujrp; the terirs and condiiions ol the construction contracl, they shall select an appraiser lo resolve any
disputes-in accordance with @mmon industry practice. Both Parties agree to be bound by the appraise/s decision.
slTE lNspECTlON. Not l€ss lhan ten (10) days prior to the initial installation by Ljcensee ol the Approved Equipment or
belore the date ot any subsequent modifications io or installation of additional App.ov€d Equipment, Ucensee shall pay
Lcenso, ttre Site lns;ection Fee. ln the event that Licsnsot inslalls Ljcensee's Approved Equipm€nt, Licensor shall
waive lhe Sile lnspection Fe€ with respect to such installalion.
LABELING, Ucensee shall identity its equipment and equipment cabinels (unless such cabinet is located in a.building
owned by Licensee) with labels per."n"ntly affixed lherelo and stating Licensee's name, contact phone number' and
installation date. Li;ensee's coixjal cables itratl be labeled at bolh tha top and bonom of the tower structure. Should
Licensee lail to so identify irs oquipment, Licansor may, in ils sole disctelion, intelrupl License€'s_operalions at
tha Tows SltG and shali consiitute a delault ot this Agreemenl. ln addition, should Licensee fail to label its
equipment as required by this section, Licensor may label Licinsee's equipment and assess against Ucensee a fee ot
Seven Hundred firy ani lolrOO Oollars (S75O.OO', as adiusted annually by a percentage rale increase equal to the
Annual Escalator, which upon invoica shall becomo immediately due and payable.
woRK; ALTERAnONS; STFUCTURAL ANALYSTS & itOOlFlcATloNs. Licensee agrees that all ol License€'s
property lo b€ installed upon th6 Tower Site and all lrequ€nciss utilized by ucensee pursuant to lhis Agreement will be
in exaci accordance with that specified in E!hlbi!-.A anached hereto. Licensee shail submit to Licsnsor detailed plans
and specifications accuratety describing atl aspects of the proposed work lo bo perlormed including, without limitation,
weighi and wind load requirements a-nd power supply requlrements and evidence that License6 has obtained all
appiovals, permits and consents required by, and has otherwise complied with, all legal requiremenls applica_ble to the
pertormance ot tne Work. Licensee agr€es thal it will not make any alterations or additions lo the Approved Equipment
without the prior wntten consent of Ljc;nsor in sach case obtained. An amendment to Elhibl1to this Agreement shail
be prepared lo rellect each addition or modification to Licensee's equipment lrom time to time to which Licensor has
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Page 3645 of 4096
FAGEJ*r!E
ATC SlrE NAME / NUMBEB: Corckscr6w. FU22910
CUSTOMER SITE NAME NUMBEBi 8ig Corkscrew Fte
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given its wntten consent. Any and all work at lhe Tower Site shall be performed in accordance wilh the loregoing
standards and by qualified contractors approved o, jn advance by Ucensor (which approval ol contraclors shall not be
unreasooably withheld, except as otherwise provided in the following sentence). Licensor reservos the right, in ils sole
discretion, to refuse to permit any person or company to climb any lower structure at the Tower Site. Such conlractors
shall havs valid and curr€nt worke/s compensation and general llability insurancs cenificates on lile wilh Licensor,
naming Licsnsor as an additional insurod and which otherwise satisty the insurance coverage requirements described in
Section 14 of this Agreement. Subject to Section 768.28.F.S., Licensee shall indemnity, derend and hold harmless
Licensot trom and againsl any and all costs, claims, caus€s of action and liabilitiss of avery nature and kind arising out
of the acts and omissions of Licenses, ils employees and agents or Licensee's contractors or subcontractors. At ils sole
olection, Licsnsor may, in ils sole but reasonable judgment, perform or Gluse lo be performed a structural analysis to
determine the availability of capacity at the Tower Site lor the modification and/or additional equipment at the Ucensed
Premises by Licensee. Nothing her€in shall prevent Ucensee from performing such analysis lor ils own account;
provided, howevel that Ljcensor shall approve such vendor in Ljcenso/s sole discretion and Licensee shall provide a
complets copy ot any structural analysis that it performs lo Licensor at no cost to Licensor no more than thirty (30) days
following th€ completion of that analysis. lf Ucensor performs such an analysis or causes one to be performed,
Licensee agrees promptly lo reimburse Licensor lor all reasonable costs and expenses incurred by Licensor or
Licenso/s vendor in the perlormaoce of such structural anaiysis within sixty (60) days tollowing receipt ol an rnvorce
lrom Licensor. ln the event a structural analysis is pedomed after the execulion of lhjs Agreement by Licensor but prior
to the installation of Licensee's Approved Equipmenl, and such analysis indicates thal the existing tow€r structure can
not structurally accommodato th6 proposed installalion of Ucensee's Approved Equipment thereon, Ucensor or
License€ may t€rminate this Ag€ement upon writlen notice al any time prior to the commoncement of Licensee's
installatioo. With respect to any permitted structural modilications to the Tower or upgrade of ulilities by Licensee lhat
are approved by Licensor, Licensor rgserves the right to simultaneously upgrad€ lhe lower slructure or utilities in excess
of the modit'rcation required to accommodate Ljcensee's Approved Equipmenl in ord€r to incr€ase capacity ("Excess
Upgrade"); provided, however, that Lic€nsor shall be solely responsible for ths costs associated with such Excess
Upgrade- Prior to the Commencement Date and/or prior to any Licensee.requesled installation or modilicalion Licensor
may elect to p€rform a shared site intederence study ("SSIS") and Llcensee shall pay Licensor a fee of One Thousand
Five Hundred and NoI00 Oollars {S1,500) pe, study, as adiusted annually by a percentage rat€ equal to the Annual
Escaiator. This fe€ shall be payable at the time of Licensee's application or immediately upoo a determination by
Licensor that a SSIS is required. Licenso/s perloImance of the SSIS shall in no way constitute a \ivananty or
r€presenlation lrom Licensor lhat Licensee's proposed operalions kom the Tower Site will not suffer or cause
interfe.errce wilh other us€rs, but shall merely be a customary report intendd to assist in lhe prevenlion of potential
interrererEe.
10. RF INTEHFERENCE.(a) lnteierence with a Pre-Existing Uso. Ucensee's use of lhe Tower Sile and its operatjon of all of its
Approved Equipment thereon (including any subsequent modilicaiion or alteration thereto) shall be conducted in a
manner that does not interle(e electrically, or in any other manner whatsoever with any then preexisting use of the
Tower Site by Ucensor or other useB ol the Tower Site ("Pre-Existing Use"). ln the event that any Pre-Existing Use
experiences intederence caused by Ucense6 or Licensee's Approved Equipmenl (including any subsequent
modification or alteration thereto), Ucensee shall b€ notitled in writing of such interference and Licensee shall power
down its equipment and/or ceas€ operations in order to cofiect and eliminate such interference within seventy-two (72)
hours after Ucensee's recgipt ol such nolice. It Licensee does not cease all interfering operalion within such seventy-
two (72) hour period, Licensor shall have the right to disconn€ct Licensee's Equipment until such time as Licensee can
atlecl repairs to the interfering Approved Equipment. l, Ucensee is unable lo eliminaie the interfetence, or reduce it to a
level acceptable lo the atfected user ol the Pre-Exsting Use, within a period of thirty (30) days lollowing such initial
notice (provided lhat during such 30 day period, Licenseo may operate its equipment intermittenUy during otf-peak hours
lor testing purposes only), lhen Licensor may, in addition to any other righlrs it may have lot Licensee's breach hereof,
te.minale this Agreement. ln the event that Licensee is nolified of any interference eperienced by a Pre-Existing Use
on the Tower Site alleged to be caused by Ucensee's operations thereon, Licensee shall be obligated to perform
whatever actlons are necessary, at Ljc€nse€'s sole cost and expense, to eliminat€ such inlerference and shall not be
released lrom its obligation to continue to pay thE Monthly Licansee Fee during any period that Licensee can not
operale from the Tower Sito pursuant to this Section 10.(b) lntartdronce by a Subsequent Use. Ljcsnsor agrees that Licensor and Licenso/s customers' uso ol the
Tower Site whose equipment js installed or modified subsequsnt lo the Licensee's then-qrrent operation of Ucensee's
Approved Equipment thereon ("Subsequent Use") shall not, intedero with Ucensee's thenturrent permitted operations.
ln th6 event that Licensee sxperiences interlerence causd by any Subs€quent Use, Licens€€ shall notity Licensor in
writing of such inlerference and Ljcensor shall, or shall cause the operalor ol the int€rfering Subsequent Use, lo power
down its equipment andor cease operations in ord€r to correct and eliminate such interference within seventy-two (72)
hours after Licenso/s receipt of such notice. ll such Subsequent Use is unable to operate wrlhoul causing such
interforence, or il such interference is not reduced to a l6vel acceplable to Licensee, within a p€riod of thirty (30) days
(provided that during such 30 day period the Subsequent Use may be operated intermittently during otf-peak hours lor
testing purposes only), then Licensee may, in addition to any olher rights it may have lor Licenso/s breach heeol,
terminate this Agreement. ln the event that Licensor is notified of any intederence expedenced by Ucensee alleged Io
be caused by a Subsequent Use on the Tower Site, Licensor shall be obligated to perform (or cause lo be perlomed)
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Page 3646 of 4096
:-----<€tu
ATC SITE NAME / NUMBER: Corckscrew, FU22910
CUSTOMER SITE NAME/ NUMBER: Big Corkscr€w Fire
whatever actions are commercially re*6ria'tjie and necessary, at no clst or expense lo Licensee, to eliminate such
intederenco.(c) lntederence with Lightng and Building Systems and Building Tenants. ln no event shall Licensee's use ol
the Tower Site or operation ol any of its equipment thereoo be conducted in a manner thal interfees with Licenso/s
Iighting system located on any ot lhe towers, building syslems, or, in the event that Ucensee's equipm€nt is installed on
the roottop of a building, wilh equipment of any kind used by building tenants who are not tenants o, the Licensor.
(d) No lllegal, Unpemitted Use or Unlicensed Ftequency ProEction Notwithslanding anylhing to the contrary
herein, Licens€6 shall nol illegally transmil on any frequency, transmit on a channel or frequency not specilied in EIilEi!
A attached herelo, operate al variancs lrom the specitications in its FCC license or the FCC'S rules goveming
Licensee's operation of its Approved Equipmenl, and Lic€nsor shall not provide any prolection to Ljcensee lrom
interlerence frcm parties who are not Licenso/s tenants at the Tow€r Site. Nothing in this Section 10 shall be deemed
or interpreted to provido any protection to Ucensee lrom any form ol interference lrom any person in the ev€nt that
Lic€nses is op€raling on any unlicensed frequency spectrum or pursuanl to FCC Part 15.
11. SITE HULES AND HEGULATIONS. Licensee agrees to comply with lhe reasonable rules and regulations established
from tim€ lo tim6 at the Tower Site by Licensor in its discretion, which may bs modified by Licensor from time lo time
upon receipt by Licensee of such revised rules and regulations or in accordance with Licenso/s obligations under the
Ground Lease. Such rules and regulations will not unreasonably interfere wilh Ucensee's normal busioess operations.
12- CASUALTY; CONDEMNATION. For purposes of this Agreement il shall be deemed a Casualty Event. if the Licensed
Premises or the Tower Slle is destroyed or condemned, in whol€ or part, whethet by eminsnt domain or otherwise. ln
the evenl that the Licansed Premises or lhe Tower Site is wholly destroyed or condemned, whether by eminent domain
or otheNise, this Agreement shall terminate withoul further liability Io either Party except lor payrnent ol the lllonthly
License Fees due up to the time of non-use by Licensee in case of such d€struction or condemnalion. lf the Licensed
Premises are paftially destroyed or condemned and are usable by Ucensee for its purposes, then Licensor shall, within
one hundred and h enty (120) days (which shall be exended ror any delays directly caused by govemmenlal aclion o.
anaction), repair the Ucensed Premises or the Tower Site with a raasonable reduction of lhe Monthly License Fee lo
Licensee during lhe penod of repair. ln lhe event lhat the site repait or reconstruction has not commsnced within one
hundred eighty (180) days lollowing such Casualty Event, Licensee may terminate this Agreement upon written notice to
Licensor prior to tho commencement of any srch repair or reconstruction of the Tower Site- ll, however, any such
partial destruction or condemnation ocrurs wathin six (6) months prior to termination ol lhis Agreement. either Party may
terminate lhis Agreement without turther liability except lor payment of the Monthly License Fees up to the lame ol such
destruction or condemnation. Any Monthly License Fe€s prepaid by Licensee shall be relumed lo it as pad of the
operation ol this section.
13. COMPLIANCE WITH LAWS. Licensor is responsible lor ensuring that lhe tower structure at the Tower Site is operated
in clmplianco with all governmental lighting and ma ing requirements. Ucensor shall indemnify and defend Licensee
from and against any loss, cost, or expense suslained or incurred by Licensee as a resull of Licenso/s failure to comply
with duly issued govemmental regulations relaling to tower lighting and marking. Notwithstanding anything to the
contrary in the Agreement, Licensee shall at all times comply with all applicable laws and ordinances and all rules and
regulations of munrcipal, state and federal govemmental authodties relating lo the installation, mainlenance, location,
use, op€,ation, and r€moval ol the Approved Equipment and other alterations or improvements authorized pursuant to
the provisions of this Agreement.
14. INOEMNIFICATIOiI; INSUnANCE. Each Party shall, lo the fullesl exlenl permitted by law, indemnity, defend and hold
harmless the other Party, its respective Atfiliatgs, and their respective directors, employees, ofticers, shareholders,
successoG and assigns against all claims, losses, cGsts, expenses, damages, and liabilities (excepl as othe^,ise
provided in Section 15 oI this Agro€ment) arising from: (i) the negligence, willful misconduct or stn:cl liability ol such
Party, or its agents, employees, representatives, conlractoG; or (ii) any matedal breach by such Party ol any provision
of this Agreement. ln addition to the lorsgoing, Lic€nsee shall indemnify Ucensor for all costs and expenses associated
wilh actioos taken by Licensor lo resolve any int€rlerence caused by UcenseB or Ljcansee's Approved Equipment
pursuant to Section 1O(a), (c), and (d). Neithor Party shall be responsible or liable to the other for any damag€ arising
lrom any claim to the €xtent anributable to any acts or omissions of other licensees at the Tower Sit6. Without limiting
the foregoing in any way, both Partes, each at their sole cosl and epense, agree to mainlain comprehensive general
liability and casualty insurance (including without limitation, an umbrella policy ol no less lhan live million dollars
($5,0OO,OOO.OO)) in amounts reasonably satisfactory to th€ other Party with respect to its property and obligations
he.eund6r. Notwithstanding anything to the contrary, Ucensor may provide all or some ol the insuIance coverage limits
required under this Section '14 through an umb,ella policy. Such insurance policies shall contain a provision lhat such
policy shall not be canceled or amended without thirty (30) days notice to lhe other Party. Upon the execution of this
Agreemsnl, Licensso shall deliv€l to Licensor a c€dificat€ avidencing such insurance coverage, on which Liceflsor shall
be named as an additional insured with respect to the Tow6r Sile. Further, Ucensee shall deliver to Licensor a ceriificate
evidencing such insurance coverage within thirty (30) days ol each renewal of suctl policy. Licensor reserves the nght,
lrom time to tame, to increasE lhe required llability limits described above in accordance wilh th6n-cu.rent customary
insurance requirements in the tower industry nationally.
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ATC SIIE NAME / NUMSER: CorcKscTew, FU2291O
CUSTOMER SITE NAMFJ NUMgEFt: 8ig Corkscrew Firo
15. WAIVEF OF CERTAIN OAMAGES. NOTWITHSTANOING ANYTHING TO THE CONTRABY IN THIS AGBEEMENT,
EACH PARTY HEREBY WAIVES THE BIGHT TO RECOVEF INCIDET{TAL, SPECIAL, CONSEOUENTIAL
(INCLUOING LOST PROFITS), PUNITIVE, EXEMPLARY AND SIMILAR DAMAGES AND THE MULTIPLIED
PORTION OF ANY DAMAGES EVEN IF ADVISEO OF THE POSSIBILITY OF SUCH DAMAGES OF IF SUCH
POSSIBILITY WAS REASONABLY FOBSEEABLE.
16. I'IOTICES. Any required or permitted nolice or demand shall be made by certilied mail, postage prepaid or via
nationaily recognized ovemight courier service addressed to lh€ other Party at th6 address sel fodh on page l. Eilher
Party may modify, add, or delete notice addresses ,rom lime to tim€ by notice given in accordance with this section.
Any notice or demand shall be deemed to have been given or made at lhe tims il is deposited in a United Slales Post
Otfice or with a private ovemight courier sorvice.
17. ASSIGNMEiIT; SUBLEASING. Ljcensee may assign this Agre€ment as a whole with Licenso/s prior written consent;
prcvided, howevel that Licenso/s consent will not be required lor an assignment to any p€rson or entity which is
controlled by, controlling or under common conlrol with Licensee ("Atfiliates"). For these purposes, 'control" means
own€rship, dlrectly or indirectly, ot 5070 or mor€ of ths voting stock, equity or b€nelicial interest or a general padner o[
any partnership. ln no evenl may Ljcsnsee sublet, sublease, or permit any other similar use of lhe Tower Site or
Licensed Premises by any other party. ln no event may Ljcensee diplex or combine signals or granl any shared use
rights for itsell or others. ln lhe event of a permjtt€d assignmont hereunder, Licensee shall bg relieved ol any of its
obligations under this Agreement arising on or after the effective dal6 of such permitled assignment. Any permitled
assignee shall expressly assume, and become bound by, all of Liconsee's obliga(ions under this Agreement. Licensor
may fre€ly assign, ransfer, or sublease lhis Agreemenl and, in such event, Licensor shall be relieved of all of rts
obligations under lhis Agreement ,rom and atter the date of such assignment, transler, or sublease. This Agreemenl
shall be binding upon the successors and pemitted assigns of both parties. Licensee shall pay Ucensor a fee of
S250.0O (which fse shall increase annually by a porcentage rate increase equal to the Annual Escalator) in each
instance in which Ucensee requests an assignment of this Agr€€ment or in which Ucensee seeks an estoppel
certificate, nondisturbance agreement, subordination agreement or other similar agreement. Notwithstanding anything
to the contrary, Ucensor may condition ils consont lo any assignment, on among other things, requiring that he
assignee execut€ a new form ol license agreemenl so long as the Monthly Ljcense Fee and lnitial and Renewal Terms
of such agre€ment are consistent wnh thoss set forlh in this Agreement.
18. OUIET ENJOYMENT. Licensor covenants and agrees that, upon Licensee's paying the Monthly License Fee and
observing and performing all of lhe terms, covenants and conditions to be observ€d and performed by Ucensee under
this Agreement, Licensee shall be entitled lo quiel enioyment ol the Ucansed Premises durino the term ol this
Agreement.
19. SUBOHDINATION TO GFOUND LEASE. The Parties acknowledge and agree that in the evant Licenso/s rights in the
Licensed Premises andlo, any part of the Tower Sit6 is deriv€d in whole or part pu.suant to an underlying lease,
sublease, permit, easement or other right ol use agreement ("Ground Lease"), all terms, condilions and covenants
contained in this Agreement shall be specilically subject lo and subordinate to the terms and conditions ot an applicable
Ground Lease. ln the gvent that any of lhe provisions o, lhe Ground Lease are in conflicl with any of the provisions of
this Agreemenl (other than those provisions relating to the length of tem. termination rights or financial consideration),
lhe lerms o, the Ground Lease shallcontrol. Fudher, Ljcensee agrees lo be bound by such Ground Lease as applicable
to the accsss and ocaupancy ol the Ucensed Premises. ln lhe event lhat the Grouod Lease epires or terminates prior
to the expiration of the lnitial Term or applicable Flenewal Tems, this Agreement shall automatically terminate upon
termination ol Ljcenso/s right to possession of lhe Tower Site and shall remove its equipmenl and any improvements
lrom the Tower Site in accordance with this Agreement and any applicable provisions under the Ground Lease.
Licensor agrees not to take any action with respect lo the Ground Lease as then in eflect which will cause the Ground
Lease to b6 prematurely terminated during the term of this Agre€manl. Licensor hereby warrants and agrees that it
shall exsrcisg any existing ronewal option available lo it pursuant to the Ground Lease through lhe end ol the term of
this Agreement. Upon Licensee's writt€n request, Licensor shall provide a copy ol any applicable Ground Lease wilh
the economic terms and other te,ms that Licansor d€ems reasonably contidential redacted, unless prohibited by the
terms o, such Ground Lease. Notwithstandng trle loregoing, Ucensor shall not be required to pay any torm of
consideration to obtain the approval or consent ot any lessor under a Ground Lease.
20. DEFAULT. Either Party shall have ton (10) days atter receipt (or retusal to acrept delivery, which relusal shall be
deemed receipt for the purposes heraoO of written notico lrom the other Party to cure any monotary default (provided,
however, that il Licensee lails to maks any gayment oa the Monthly License Fee when due and cures such default two
(2) times within any twelve (12) month period, then any funher faalure within the same twelve (12) month period shall be
an automalic dofault with no cure period) and, oxcept as otherwiso provided in lhis Agreemgnt with respect lo RF
interference. labeling and Conslruction Orawings, hirty (30) days after receipt ol written notice from lhe other Party lo
cure any non-monetary default. Except with respecl to FF interferencg, so long as the Party charged with the default
diligently pursues a cure during the prescribed time period, that Party shall be given additional time reasonably
necessary to cure the delault. ll subsequent to the foregoing requisite periods of iime, there conlinues to be an event ol
d€tault, the nondelaulting Party may terminate this Agreement upon writlen notice to the d€laulting Party and may
institule any other available pro€eedings at law or in equity to recover damages from the deraulting Party.
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Page 3648 of 4096
io$f,rrr-4F* x tr_L!__ATC SITE NAME / NUMBER: Corckscrew, FU22910
CUSTOMER SITE NAMS NUMBER: Big Corkscrew Fke
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21. COLLECTIONS. Subiect to the provisions of Section 20 above, Licensor may take any collections aclions it deems
. ngcessnry without further notice to Ucensee, including, without limitation, the disconnection or removal and storage ol
any and ill of Licensee's equipment, including the Approved Equipment or all other Licens€e property located on the
Tower Sit€. Ucensee shall pay all reasonable attom€y's fees, court cosls, removal and slorage fees (including any
proporty damage caused thereby), and other items ol cosl or epense reasonably incurred by Licensor in recovering the
Monthly Ucansi Fee or other lee or charge. No endorsement or slatemenl on aoy check or letler accompanying a
check ior payment ol any monies due and payable under the terms o, this Agreement shall be deemed an accord and
salisfaction, and Ucensor may accept such check or payment without preiudice to its nght to recover the balance of
such monies or to pursue any other remedy provided by law or in lhis Agreement. Licensor shall accept any such pariial
payment for ths account of Ucensee. Past due amounts under this Agreem€nl will bear interest lrom the date upon
which the past due amount was due until the date paid at a rate equal lo: (i) eighteen percent (18ol.)per annum; or (ii) al
a lower rate if required by law in the state in which lhis Agreement is to be performed. ln addition, Licensee shall be
ass€ssed a late payment tee equal lo twenty-five percent (25'l.) ol lhe then-current Monthly Liaense Fee tor any
payment or reimburs€ment due to Ljcensor under this Agreement which is overdue by len (10) days or more and such
iee strall be assessed tor each thirty (30) day penod thereatter that any such amount (or portion thereol) remains
unpaid.
22. GOVERNMENTAL APPROVALS; PERMITS. ln th€ svent that any govemmental permit, approval or authorization
required lor Uc6nso/s use of, operation ot, or right to license space to Licsnsea al the Tower Site is challenged,
terminatad or withdrawn by any govemmental authority or third party as part of any govemmental, regulatory, or legal
proceeding, Licensor may-t€minate this Agreement. ln lhe event that Licensor doos not terminate this Agre€ment,
Licen"* iiay elect to in;tall or continue to operat€ its oquipment at its sols cost and risk. Licensee understands and
agrees ihal, i; the event of a govemm€ntal or legal order rBquiring the removal of Ucsnsee's equipment lrom the towet
oi removal of the lower structure or any structural moditicataon required to accommodate Licensee's Approved
Equipment, Licensee shall do so p.omptly at its sole cost and expense. Licensor shall coop€rate with Licensee in
Ucensee's etlorts to obtain any permils or other approvals that may be necessary for Licensee's installalion and
operation of the Approved Equipment provided, however such cooperation shall be slb,ect to the loregoing: (a)
Licensor shall not be required to expend any funds or undedake any liability or obligation in connection with such
coope,ation; (b) Licensoi reserves tie right to obtain such required approvals or pormils on Ljcensee's behalf, at
Licensee's sole cost and expense; and (c) in no event may Licensee oncourage, suggest, participate in or petmil lhe
imposition ol any restrictions or additional obligations whatsoever on the Tower Site or Licenso/s current or futur€ use
or ability lo license space at the Tower Site aJpa;t ol or in exchange lor obtaining any such approval or permit. ln the
event thal Liconsee's sheltor or cabinets ars inslalled above a third-party or Licensor-owned shelter or building,
Licensee shall be solely responsiblg for obtaining any required consents or permits in connection with such shelter or
cabinet installation. Uiensee hereby consents lo th6 stacking ol a third-party or Licensor owned platform, shelter or
cabinets abov€ or below Licensee's ihelter or cabinets provid€d Licensor or such third party shall be solely responsible
lor all costs and expenses associated with obtaining any required consents or permits in connection with such shelter or
cabinet installation abov€ Licensee's equipmenl. ln addition to tho foregoing, in the event that Licensee has not been
requested to install a stackable shelter and does nol ulili26 a stackabls shelter, Licensee agrees lhat Ucensor shall have
the nght to require Ucensee to replace its sh€lter with a stackable shelter upon no less than thirty (30) days prior written
notic; at lhe sole cost and elpense ol a subsequent licenseo who installs a stacked shelter abovs Licensee's
equipment shelter.
23. REPLACEMENT OF TOWER. Licensor reserves the right, in its sole discretion, to replace or rebuild the tower slructure
or lhe top ol th€ tower. ln such €vent, Ljcensor shall provide Licensee with spacs at the Tower Site suitable to allow
Licensee to continue to operate th6 Approved Equipment in a substantially similar manner during the. construction
period. Uc€nsor shall be sol€ly responsible lor the costs associated with removing and re-installing-lhe Approved
'Equipment. Ucensor also expressly reserves thE right to erect one or more towers on the Tower Site, subiect to
Licenso/s obligations to Ljcensee under this Agresment. Licensee shall also hav6 he nght to establish a temporary
facility on the T;wsr Sit€ to provide such servi:es-as Ucensee deems necessary during any such conslruction by Licensor
so long as adequate space is then ayailable. The location ol such temporary facillties shall be subiecl to Licenso/s approval.
24. GOVERN|NG LAW. This Agrsement shall b6 govemed by the laws ol the state of Florida, with the excaption of its
choice of laws provisions. ll;ny provision of this Agreement is found invalid or unenlorceable under judicial decree or
d€cision, the r€maining p.ovisi;ns ol this Agpemsnt shall remain in full lorce and eftect. Any approval, consent.
decision, or olection to -be made or given by a Party may be made or givsn in such Party's sole judgment and discretion.
unless a ditferent standard (such as reasonablsness or good taith) is provided lor explicitly.
25. EXCUSAALE DELAYS. ll €ithe. Party is unable due to causes beyond its reasonabl€ control to carry out its obligations
under this Agroem€nt in whole or in part and if such Party gives written notice and full delails of an excusable delay
(including, without limitalion, a lorco mapurc event) to tho olher as soon as practicable after th€ o€currence of the
event, ttrin the obligations ol the affectsd Party will be suspended lo the enent reasonably required as a result ol such
event. Excusable deky msans an event that is not wilhin the reasonable control ol the allected Parg, including, wthout
timitation, war. riots, civil insunection or acts ot a common enemy, fire, llood, slrikes or olher labor ditliculty, acts of civil
or military authority, including govemmental laws, orders, aclions' inactions or regulations, embargo.
8
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@Page 3649 of 4096
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,a. u,r"=affi;ffi;="e in rhis Agreement. The otter of ticens€ expressed in this Agreemenl shall
automatically expi.€ and becom€ void il not acaepted by Licensee and such acceptance received by Licensor within
thirty (30) d;ys l;om rhe Eftectivo Oate. The only means by which Licensee may accept this otler ol license is by timely
|,"trinin9't'"o ,n"it"r"d copies of this Agreemeni, oxecuted on behalf ol Ucensee, to Licensor. Upon Licenso/s written
request:Ljcensee shall promp y fumish-Licensor wilh complete and accurats informatlon in rcsponse to any rsasonab16
,equest UV Licensor tor'inlormaiion about any of lhe Approved Equipment or utilities utilized by Licensee at any Tower
Site or any of the channels and frequencies utilized by Ljcense€ thereon- ln the event that this Agreement is executed
by Ucensor, its Amliates or any trade name utilized by the Ucensor or its Atfiliates and such signatory does not hold the
real property or leasehold inlerest in the affected Tower Sile, the execution of lhis Agreement shall be deemed to have
Ueen prbpedy executed by th€ Licensor or Licenso/s Affiliale which properly holds such interest ln the atfected Tower
Site. Either Ucensor or Ucenses may be relened io herein as a "Pary and both Licensor and Ucense€ tog€lher may
bo r€lerred to herein as the ?arties'. At the sole election of Licensor, in the event that Licensee and Ucensor enl€r into
a master tower space licenss agreement ("New Agreemenf) whrch is applicabi€ to this Tower SIte during the lnitial
i"- o, "ny Renswal Term ol th-e Agre€ment, Ljcensor may give nolico to License€ that this Agr€omenl is terminaled
14erminafi6n Oale") and Licensee ind Lrcensor shall execute a New Agreemenl tor the Ucensed Premises and
Licensee'" Approvsd Equipment listed on Exhibit A hereto within thirty (30) days lolowing such notice Such Now
njr""r"nt s'tra specify that the commencernent date is the Termination Dat€. ll the New Agreement has pre-
djtermined monthly license fee rates and/or annual escalator rates thal conflict wilh the Monthly License Fee andlor the
Annual Escalator listed on page 1 ol this Agreement, then the license fee rate and/or ths annual escalator rate in the
Agreement shall gov€m. |poi tte te-in"tion or epiration ot this Agreemenl, Ucensee shall immediately upon lhe
;uiu""t or Ucens-or deliver a relgase ol any inslrumenls ol record evidencing such Agreeoent. Notwithstanding the
expiration or earlier terminataon of the Agreement, soctions 14, '15, 20, 21 and 26 shall survive lhe epiration or earlier
termination of the Agreement. No waiv-er ol any ot the provisions of this Agreement shall constitute a waiver ol any
other provision here6l lwhether or not similar), nor shall such warver constitute a continuing waiver unless expressly
"!r""i to in writing by the afiecisd Party. . This Agreement. constitutes the entir€ agreement of th€ Padies hereto
"Jncernlng
the subj-eci matter hereol and shall supersede all prior offers, negotiations and agreements, whelher writlen
or oral. Ni revision of lhe Agreement shall be valid unless made in writing and signed by authorized representatives ol
both Parties.
The otter of licensc expressed in lhis P.oposed Agreement shall aulomatically expire and become void i, not
""".ft O "na executed by Licensee and such acc;ptance r€ceived by Llcensor within thirty (30) days ot the
Elt€ctive Date.
ATC SITE NAME / NUMBER: Corckscrew, FU22910
CUSTOi,'|EB SITE NAMS NUMBEFI: 8ig corkscrow Fire
ATTACHED EXHIBITS:
Exhib( A: Ust of Approved Equipment and localion of the Licensed Premises
E,,nitit Ar Sil" Drawing indicaring ths location ot ground space for Licensee's equipment shelter or space in Licenso/s
building (as applicable)
ixt iOit'C' nsjBuitt Diawings or Construction Drawings to be attached within 45 days atter Commencement Date in
accordance with Section 1.
Exhibit O: Form of Commencement Oate Notica.
IREMAINOEH OF PAGE INTENTIONALLY LEFT BLANKI
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Page 3650 of 4096
I
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Exhibit A
Approved Equipment
ATC SITE NAME/ NUMBEB: Corckscrew. FU2291o
CUSTOMER SITE NAMFI NUMBER: Big Corkscrow Fire
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",.?l?:,J.",H1.^'#il8iL3i,E["J:I.5[i?3
)site Drawing indicar Exhibit I
"r,ai* .i "illl,:T,Jff:::: ;J,,:ft ?:""#fii"J;L;,"","*,s equipmenr
^al1:r""
shail.not commence installation until Ljcensornas approved in writing said drawing .rJ rr,."rr"o iii""*".
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Page 3653 of 4096
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, Arc S|TE NAME/ NUMSER: Corckscrew, FU2291O
CUSTOMER SITE NAMS NUMBER: Big Corkscrew Fire
As Buirr or"*ins"E#Hll3,rr",,on Drawinss
To be attached hereto within 45 days of the date after commencement of installation orconstruction of Licensee's Approved Equipment at the Tower Site.
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Page 3654 of 4096
ii:ilT
In*rr l\--ci]ATC SITE NAME / NUMBEFT: Co.ckscrew, FU2291O
CUSTOMEB SITE NAME/NUMBER: Big Corkscrew Fn;
o Exhibit D
Form of Commencement Date Notice
IDate]
American Tower
ln accordance with Section 1 of that License Agreement ("Agreement") dated
o between (,.Licensor,') and("Licensee"), this letter serves as notice that Licensee commen
and,/or installation at the Tower Site described above on
ced its construction
_,20-.
ll you have any questions, please contact me at
Sincerely,
))
o
Via Return Receipt Bequested First Class Mail
Attn: Contracts Manager
Be: ATC Tower Site # _, ATC Tower Site Name:
Dear Contracts Manager:
. The Agreement states that the commencement Date for the purposes of theMonthly License Fee is the earlier of the commencement of installation or construction orr:--.---, 2- (but in no event later than 45 days after the Effective Date ofthe Agreement.
ln accordance with the Agreement, the correct commencement Date ,or thisAgreement is ....=..-,2
Page 3655 of 4096
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Page 3671 of 4096
o
Licensor Sitc NameA.Iumber: Corkscrew, FL l229lO
Licensor Contract Number: 52602
Licensee Sile Nam€y'Number: Big Corkscrew Fire / N/A
FIRST ANIENDiVIENT TO LICENSE AGREEMENT
This First Amendment ("First AmendmenC') to that certain License Agreement
dated March 27,2003 by and between American Tower, L.P. and Co ier County, Flonda
("Agreement") is made and entered into this. d-+day of
("Licensor")
RECITALS
WHEREAS, Licensor owns a certain communications tower and leases a certain
parcel of land located at 12340 Immokalee Road, Naples, FL 34120 more commonly
known to Licensor as the Corkscrew, FL tower site (the "Tower Facility"); and
WHEREAS, Licensor and Licensee entered into a certain License Agreement dated
March 27, 2003 for the use of a certain portion of the Tower Facility; and
WHEREAS, Licensee desires to modify its equipment installed at the Tower
Facility; and
WFIEREAS, the parties agree that as consideration tbr Licensee's Additional
Equipment, the current License Fee payable under the Agreement shall be increased as set
forth herein.
NOW TFGREFORE, in consideration of the foregoing promises and for other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereto agree as follows:
1) Licensor and Licensee agree and acknowledge rhat Licensee installed one (l)
Decibel omni antenna (model #DB8I0K-XT) and one (1) 7/8" transmission line at
the mount height of One Hundred Seventy Five feet (175'), two (2) Decibel omni
antennas (model #DB564K) and two (2) I 518" diameter transmission lines at the
mount height of One Hundred Ninety Five feet ( 195'), one (1) Andrew microwave
dish with radome (model #P6-65 D) and one (l) l" elliptical diameter (model
#EW 63) transmission line at the mount height of One Hundred Sixty Seven feet
(167') centerline AGL, and one (1) Andrew microwave dish with radome (modei
#PLA-65) and one (1) l" elliptical diameter (model #EW 63) transmissron Ine at
the mount height ofOne Hundred Thirty Seven feet ( 137') centerline AGL.
20(,by and between American Tower, L.P., a Delaware limited partners
and tlollier Counry. Florida ("Licensee").
2) Licensor and Licensee agree and acknowledge that Exhibit A to the Agreement is
hereby deleted in tts entirety as of the date this First Amendment is fully execut'ed
and shall be replaced with Exhibit A Revised attached hereto and incorporated by
this reference. In the event of inconsistency or discrepancy between the Exhibit A
Revised and Licensee's equipment information set forth in the Agreement, the
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Page 3672 of 4096
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Liccnsor Site Name^umber: Corkscrew. FL / 22910
Licensor Conrracl Number: 52602
Licensee Site Name/Number: Big Corkscrew Fire / N/A
3) Effective on September 18, 2003 ("Commencement Date,,), the License Fee shall
be increased by THREE THOUSAND SIX HLTNDRED and No/t00 DOLLARS
($3,600.00) per year, payable in equal monthly installmenrs of THREE
HIINDRED and No/I00 DOLLARS ($300.00) (.,Increased Fee,,). The Increased
Fee for any fractional month at the beginning or end the period shall be
appropnately prorated.
4) Capitalized terms contained herein, unless otherwise defined, are intended to have
the same meaning and effect as rhat set forth in the Agreement.
5) All other rerms and provisions of the Agreement remain in full force and effect.
[SIGNATLIRES APPEAR ON TI{E NEXT PAGE]
IREMAINDER OF PAGE LEF| BLANK INTENTIONALLY]
o
Exhibir A Revised shall conrroi.I
Page 3673 of 4096
/..-1
Licensor Sitc Name/Number: Corkscrew, FL / 22910
Licensor Contract Number: 52602
Licensee Site Name/NumLrer: Big Corkscrew Fire / N/A
IN WITNESS WHEREOF, rhe Parries herero have ser their hands and. seals to
this First Amendment to that cenain License Agreement as of the day and year first
written above:
AS TO THE LICENSOR:
I 2
American Tower, L.P., a Delaware limired
partnership
By: ATC GP, Inc., its sole general partner
B
DATED
Witness (signature)rnt
e Direc
Administration
BOARD OF COUNTY
COMMISSIO
COLLIER CO , FLORIDA
Donna Fia1a, Chairman
- Yannis Macheras
tor, Colocation &
fue.? t Cr-|"-
(print name)
C-
Witness (signature)
(i.x-..r. r. ,q")s' )\J(.
o
(print name)
AS TO THE LICENSEE
DATED G.3.o4
ATT
DWI
BY
At trrt
rlgtet
Approved
Thomas
Assistant County Attomey
By
ik.
a-.;
.rb.O
fficiency
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Page 3674 of 4096
Liccnsor Sitc Nsmc/Number: CORKSCREW FIRESTATION FL / 22910
Licensce site Namc/N,.",1fi l'8f::ff )ul*H::T
SECOND AMENDMENT TO LICENSE AGREEMENT
This Second Amendmenl (the "second Amendment") to that certain LicenseAgreement dated March 27,2003 by and between American Tower, L.p. and colliercounty' Florida, as amended by that certain First Amendment to License Agreement datedApril 28, 2004 (collectivcly, the "Agreement") is made and entered into L of the latter
signature date hereof, by and between American Towers LLC, a Delaware limited liabilitycompany' as successor-in-interest to the Agreement (the .,Licensor') and collier county,
Florida (the "Licensee") (collectively, the ..parties,,).
RECITALS
WHEREAS, Licensor owns a certain communications tower on a certain parcel ofland located at 13240 Immokalee Road, Naples, FL 34120-146g,oore commonfi koo*n
to Licensor as the CoRKSCREW FIRESTATIoN FL tower site (the ..Tower Site ,); and
WHEREAS' Licensor and Licensee entered into the Ageement for the use of a
certain portion ofthc Tower Sitei and -
WHEREAS, Licensee desircs to modi$ its equipment at the Towcr Site (.,Modified
Equipment"); and
WHEREAS, the Parties agrce that as consideration for Licensee,s Modified
Equipm.en! the current Monthry License Fee payable under the egeement shali b"
increased as set forth herein.
Now rI{EREFOR-B in consideration of the foregoing pmmises and for other good
gd valuable consideration, the receipt and sufficiency ofwhish is heaeby acknowlediged,
the Parties hereto agrce as follows:
l) Licensor and Licensee agree and acknowledge that Licensee shall modify irs
equipment for a final installed conliguration pursuant to Exhibit A (Second
Revision).
2) Licensor and Licensee agree and acknowledge that Exhibit A Revised to the
Agreement is hereby deleted in its entirety as ofthe date this Second Amendment
is fully executed and shall be replaccd with Exhibit A (Second Revision) attached
heteto and i_ncorporated by this reference. In the event of inconsistency or
discrepancy between the Exhibil A (Second Revision) and Licensee's equipment
information set forth in the Agreement, the Exhibit A (Second Revisionj shall
contro[.
3) Effective upon the earlier to occur of: i) commencement of installation of the
Modilied Equipment or ii) July 29,2020 (,.Commencement Date,'), the Monthly
License Fee shall be increased by One Thousand Seventy-Eight and 00/100 Dollars
($1,078.00) per month ("lncreased Fee"). The Increased Fee for any fractional
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Page 3675 of 4096
Lic€nsorsiteNam€Numbd:coRKscx,r-tvFltj#|Ir?*i_1?3:ig
Llcensee Site Name./Number: p25 Corkscrew / p25 Corkscrcw
month at the beginning or end ofthe period shall be appropriately prorated.
4) Notwithstsnding anything to the contrary in the Agreement, the offer to Licensec
expressed in this Second Amendment shall automatically become null and voidwith no further obligation by either psrty hereto ifa struct,ral analysis ofthe Tower
Site completed after the exccution of this Second Amendment by Licensor butbefore the commenccment Date of the instalration of Licensee,s Modified
Equipment indicates that the Tower site is not suitable for Licensee's ModifiedEquipment unless Licensor and Licensee mutually agree that structuralmodifications or repairs shalr be made to the Tower site oi mutualy agreeabre
terms.
5) Lnmediately following the expiration ofthe current Term, there sha[ be two (2)
additional pcriods of five (5) years each (each a ,,Rencwal Term'). The
Agreement shall automaticarry renew for each successive Renewar rerm unless
either Party notifies the other in writing of its intention not to rcnew this
Agreement at least one hundred eighty (lg0) days prior to the end ofthe then
existing term.
0) f-icenl9r and Licensee agree and aclcrowlcdge that all futurc payments of theMonthly License Fee shall be made to the Licensor at the following remittance
address:
American Tower Corporation
29637 Network plsce
Chicago, tL 60673-1296
7) capilalized terms contained herein, unless otherwise defined, are intcnded to have
the same meaning and effect as that s* forth in the Agreement.
8) All other terms and provisions of the Agreem€nt remain in firll force and effect.
[SIGNATURES APPEARON THE NEXT PAGE]
[REMAINDER OF PAGE LEF'T BLANK INTENTIONALLY]
2
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Page 3676 of 4096
Signed, sealed and delivered
of:
Agreed to and accepted by:
LICENSOR:
American Towers LLC, a Delaware
limited liability company
Licensor Site NEme/Numbcr: CORKSCREW FIRESTATION FL / 22910
Licensce sitc Nam€/N,."l'ff lt*::ff )I}IB"J,.1:XT
IN wITNEss wHERf,oF, the parties hereto have set rheir hands to this secondAmendment to that certain License Agreement as of the day andyear written below:
tness
Witness
AS TO LICENSEE:
- 'v. olo//- .< |
ATTEST:
Crystal K. Kinzel, Clerk
By: 77^n
Name: Daniel Broe
Seuior Counsel
e**Q
Title
Date ?/rr/zua
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By:
rlgnalure of,ty,
Applovcd as to lbrm anrl lcgrtlity
Altest as lerk B T L. SATINDERS, CHAIRMAN
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By:
Leo E. Ochs, J o Manager
County
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Aonroved in absentia Per
zrido-rag o" 7-fr'lCI
Resolution
Page 3677 of 4096
Liccnsor Sitc Nmc/Number: CORKSCREW FIRESTATTON FL / 229 I 0
Licensee site Name/N,,0",:fi ffi:f; mi]]#.:-Igj
Exhibit A (Second Revision)
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Page 3678 of 4096
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Page 3679 of 4096
Liccnsor Sitc Name/Number: CORKSCREW FIRESTATION FL / 22910
Licersee site NamoN"."lfi #:::1,*)U*H:1';
SECOIYD AMENDMENT TO LICENSE AGREEMENT
This Second Amendment (the "second Amendment") to that certain LicenseAgreement dated March 27,2003 by and between American Tower, L.p, and Collierco1$y'-Fl,orida' as amended by that certain First Amendment to License Agreement datedApril 28, 2004 (collectively, the "Agreement') is made and entered into L of the lattersignature date hereof, by and between American Towers LLC, a Delaware li-itea iio itycompany, as successor-in-interest to the Agreement (the "Licensor') and collier county,Florida (the "Licensee') (collectively, the ..parties').
RECITALS
WHEREAS' Licensor owns a certain communications tower on a certain parcel ofland located at 13240 tmmokalee_ Road, Napres, FL 34120-146g more corrmonry know,to Licensor as the coRKSCREw FIRESTATION FL tower site (the .,Tower site,,); and
WHEREAS, Licensor and Licensee entered into the Agreement for the use of acertah portion ofthe Tower Site; and -
WHEREAS, Licensee desires to modifo its equipment at the Tower Site (,,Modified
Equipment'); and
WHEREAS, the Parties agree that as consideration for Licensee's ModifiedEquipmen! the currcnt Monthly License Fee payable under the egree-ent .hali;
increased as set forth herein.
NOW THEREFOR$ in consideration of the foregoing promises and for other good
and valuable consideration, the receipt and sufficiency Jr*[icn is hercby acknowled"ged,
the Parties hereto agrce as follows:
l) Licensor and Licensee agreg and acknowledge thst Licensee shall modi! itsequipment for a final installed configuration pursuant ro Exhibit A (second
Revision).
2) Licensor and Licensee agree and acknowledge that Exhibit A Revised to theAgreement is hereby deleted in its entirety as of the date this Second Amendment
is firlly executed and shalt.be repraced with Exhibit A (second Revision) attached
hereto and incorporated by this reference. In the ivent of inconsistency ordiscrepancy between the Exhibit A (Second Rwision) and Licensee,s "qri6;infonnation set forth in the Agreemenr, the Exhibit A (Second Revisionj shall
contrcl.
3) Effective upon the earrier to occur of: i) commencement of instalation of the
Modified Equipment or ii) July 29,2020 (,,Commencement Date,), the Monthly
License Fee shall be increased by one Thousand seventy-Eight and b0/100 Dolrars($1,078.00) per month (..lncreased Fee'), The Increased -Fee for any fr;tio;at
@
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Page 3680 of 4096
Licensor Sitc Namc/Number; CORKSCREW FIRESTATION FL / 22910
LicensecsiteNam€y'N,-'""tfi ltlillHl}lB;"',3g;
month at the beginning or end ofthe period shall be appropriately proratcd.
4) Notwithstanding anything to the contrary in the Agreemen! the offer to Licensee
expressed in this Second Amendment shall automatically become null and void
with no further-obligation by either party hereto ifa structurar anarysis ofthe Tower
Site complcted aftcr thc execution of this Second Amendment by Licensor butbefore the Commencement Date of the installation of Licensee,s Modified
Equipment indicates that the Tower Site is not suitable for Licensee's ModifiedEquipment unless Licensor and Liceruee murually agree that struch'ar
modifications or repairs shalr bc madc to the Tower site oi mutually agreeable
terms.
5) Immediately following the expiration of the currenr Term, there shall be two (2)
additional pctiods of five (5) years cach (each a ,.Rencwal Term'). The
Agreement shall automatically renew for each successive Renewar rerm unless
either Party notifics the other in writing of its intention not to rcnew this
Agrcement at least one hundred eighty (l g0) days prior to the end ofthe then
cxisting term.
6) Licensor and Liccnsee agree and acknowredge that all future payments of theMonthly License Fee sha[[ be made to the Licensor at the following remittance
address:
American Tower Corporation
29632 Network place
Chicago, tL 60573-1296
7) capitalized terms contained herein, unless olherwise defined, are intended to have
the same meaning and effect as that set forth in the Agreernent.
8) All other terms and provisions of the Agreement remain in fulr force and effect.
[SIGNATURES APPEARON THE NEXT PAGE]
IREMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
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Page 3681 of 4096
Liccnsor Sit€ NameNumber: CORKSCREW FIRESTATION FL / 22910
Licensee site Name/N,.'"lffi ::[::ff ]]i*',i;l3i"T
IN WITNESS WIIEREOF, fte parties hereto have set their hands to this SecondAmendment to that certain Liccnse Agreernent as ofthe day and year written berow:
Signed, sealed and delivered
ot
Agreed to and accepted by:
LICENSOR:
American Towers LLC, a Delawarc
limited liability company
Witness
AS TO LICENSEE:
., 'v 'slo//_d-v
ATTEST:
Crystal K. Kinzel, Clerk
By:
Name:
Title:
Date:
Daniel Broe
Seirior Counsel
?/rr/z-"za
BOARD OF COUNTY COMMISSIONERS,
COLLIER COLNTY, FLORIDA
e^.,*Q
'\t;,
Atteit as lerk
slgnolure aily,
B L. SAUNDERS, CHAIRMAN
Approvcd os to lbrm and lcgllity
roved in absentia r Resolution
2000-149 on
o
App
1
By:
Leo E. Ochs, J u Manager
County
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By:
Page 3682 of 4096
Liccnsor Sitc Namc/Number: CORI(SCREW FIRESTATION FL / 229 I 0
Liconsce site Name/N".*.11#X.?:1ff )*IBH*T
Exhibit A (SccoEd Revision)
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Page 3683 of 4096
FIRE6IATION FT 22010
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IIR^IflTIER RECEITER TPECTE';IPIE
AXIEI{A EruETET'T SPEC|HC no S
ORotT{'EPACE RSTJNEENTS
EACNF POVE R T'NEIE'IE
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liorrvjrouguom t[renr
OuLld. P/trrtu L.& lr.
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