Agenda 09/23/2025 Item #16F 2 (Second Amendment to License Agreement with Super Towers Inc.)9/23/2025
Item # 16.F.2
ID# 2025-2943
Executive Summary
Recommendation to approve the Second Amendment to License Agreement with Super Towers Inc., a Florida
Corporation, authorizing the installation of an additional microwave dish on the communication tower at 9930 Channel
30 Drive, Bonita Springs, FL 34135, to support the Public Safety Division’s emergency communication radio system.
OBJECTIVE: To approve a Second Amendment (“Amendment”) to the License Agreement (“Agreement”) with Super
Towers, Inc., for the installation of an additional microwave dish added to the communications tower at 9930 Channel
30 Drive, Bonita Springs, FL 34135
CONSIDERATIONS: On June 10, 2014, agenda item 16.E.10, the Board of County Commissioners (“Board”)
approved a License Agreement with Super Towers Inc., a Florida corporation.
The First Amendment was approved by the Board on December 12, 2017, agenda item 16.E.11, which provided for two
additional antennas to be placed on the tower. The equipment at this location is part of the County’s public safety radio
system.
Improvements to the County’s current radio system require additional equipment, which includes adding one 6-foot
microwave dish to improve the resiliency of the P25 system’s backhaul network. This addition increases monthly rent
by $400.00 (from $4,660.24 to $5,060.24) effective October 1, 2025, resulting in an annual rent of $60,722.88. The
Telecommunications Manager has reviewed the amendment to confirm all equipment is correctly documented.
Key Terms:
• Term: The original lease commenced June 24, 2014, with an initial term through June 24, 2019, and has since
automatically renewed for successive five-year terms. The lease is currently in its second renewal term and
remains in full force and effect.
• Utilities: The County will continue to be responsible for all applicable utilities.
• Rent: $60,722.88 annually, with a 2.5% annual escalator effective June 1 of each year, throughout the
remaining life of the lease.
This item is consistent with the Collier County strategic plan objective to maintain a fully responsive, best-in-class
emergency management capability.
FISCAL IMPACT: The monthly rent of $5,060.24 will be paid from the 800MHz Inter-Governmental
Communications Program account number 1060-140480-644600. These costs were factored into the FY26 budget for
fund 1060.
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 and authorize the Chairman to execute the attached Second Amendment to the
License Agreement
PREPARED BY: Nathaniel Hinkle, Telecommunications Manager
ATTACHMENTS:
1. Second Amendment and Exhibit A
Page 2518 of 3896
9/23/2025
Item # 16.F.2
ID# 2025-2943
Page 2519 of 3896
SECOND A}IEND}tEIT TO TOWER LICENSE A(;REEMt]:T'T
THTSSECONDAMENDIUENTTOTQwERLICF-ISE'4(;RE'f,'NtENT("Second
Amendmcnt") e ered into rhis -i fdal' ol aoPlc",'bcr' l0l5' b1' and hctuccn Super l'ortcrs'
iil.., Ff orio" *rporation. having a rnailing addrdss at i96 \\'ashintston St. f 137. $'cllcslc-\' Hills.-
ptn OZ+ft (hercinaftcr reltrrcd i. us "l.iccnsor") and Collier Coun6'. a political subdivision.ol'
the stote of Florida. having a mailing address at 2685 Horscshoe Dr. s.. suitc 103. Naples. rl.
34109. (hereinafrer reftrred ro as "[.iccnscc") (collectivel] rel'crred ttt as thc "Panies").
\\'HI.-RIlr\S. I_iccnsor and l-iccnscc cnrsrcd inro a l-iccnsc r\Srccmenl datcd June l.l. l0lJ.
as amended b;- First 1o\ er Arncndntcnt to [. iccnse Agreemenl dated l)cccmhcr I ]. l(] l 7: ard
\\'l IERE.AS. thc Panics ntutualll dcsirc to modih thc Rent palablc undcr the '\greemcnl
and amend rhe t,icensed sitc l:quipnrcnt scction o[ l:rhibit .\ ol thc r\grccnlent. as modilled in
r\mendment I : and
WIIER[,.AS. thc lrartics. in thcir mutual interests. $ish to anrcnd thc i\tsrcelnent as set lbnh
bt'loll' accordingll.
NOW 'lllEREI;ORti. in considcration ol'the tbrcgoing and other gotrd and valuable
consideration. the receipt and sul'licicncl ol'shich are hcrehl acknoslcdgcd. the Panies agrce as
l'ollons:
t. ltodificrtion ofEquipmcnt. lhc Panies hcrebl approve lhe proPosed equipment additions
that $.ill resuh in the linal cquipmcnr conliguration listed bclou. rrhich shall bc added trt
l,iccnsed Site Equipment scction of Exhibit A of lhc .'\grcenlcnt .lhis list onll includes
cquipment on the to\!er. nol ground-bascd equipment or space. Licenscc shall be responsible
lir all cosls associated rlith thc ProPoscd equipment changc's.
(3) 20 800.'.r.
it) dbsp.clt! aTs8Ttlal0 Ampld|er
{3) 6 Sl.ndotl Mounlt
(3)
i1)
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7/8" TX2r0 0 2r0 0 EI'slrng
3
(11 V.luLln. VHLPS-OWB Ol3h (1) EU630l Mount
(l) A^dEw PAR6€5 PXA/€ orih It1l EW53 Exlslhg
2. llodificetion of Renl. I pon thc installation ol'the equipment upgrades trn the tolrer. or
October 1". 2015. *hich cvcr shall occur first. thc currcnt Liccnsc Iec pa]ahle undcr the
'\grcement shall increasc h1 l our I lundrcd l)ollars and 00 I ('() (5'100 00) pcr ntonth' atld shall
continuc durinS the lerm. subicct to ad.iustment as pro|ided hcrein. In thc erent ofan)
olcrpa! ment of Liccnsc [i!'c prior to or alicr thc l]fl'cctirc l)ate. rrhich hoth l)arties mutualll
agrcc \\as an overpaymcnt. 'fcnant shall har e thc right to dc'dLrct liorn an1' l'uture License Fee
pa),ments an amount equal to the ovcrpa) mcnl amount.
Colll.r County175.0 175.0
160 0 160 0
Ill.RIRrr.rel I l96ql:5 ll
Page 2520 of 3896
J.other Terms and Crrnditions Remain. ln the c\.ent of anr inconsistencics bcl\ccn lhc
ngr""a"nt and this Sccond ,.\mendmcnt. the lcrms ot-lhis Secrrnd Anrendmcnt shall control.
i,-16i "; r.'spressll s.'l lonh in this Sccontl ,\mendment' the Agreemcnt othcn\ isc is-
,i.dain"a un,1 r."niuin. in Iirll Ibrce and cfl'ect. tiach Ru'ttrence in the Agrecment t. itscll-
shall he deemcd also to rcli'r to this Sectrnd Amendnlent'
crpi.rliTedTcrms.Allcapitalizctllcm)suscdbutnotdclincdhcreinshallhar,cthcsamc
nrcanings as delincd in thc r\grccment.
INO IVIOIiI: lllx'l ON IlllS P.{(it: - SICNAI t.iRES TO FOLLOVT'ON NF'X'l l'r\(il:l
{.
l:!-RPR-o.l,l!l l1)6l,115 I I
Page 2521 of 3896
lN \\'lINtr.SS Wl lfilttroli. thc paflies have caused thcir propcrll authorizcd
rcpresenlatilcs lo I'xeculc and scal this Sccond Amcndnlcnt to -1o$er [.iccnsc Agreem.'nt on thc
dalc and l car lrclru
l r('l-.NSoR:
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a Iilorida corporation
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llOr\RD OF COUN'I Y
('Ol\ll\'IISSIONERS. COt-1.IIIR ('Ot rNl \'.
F I.ORIDA
i\TTEST:
C4'stal K. Kinzel. Clerk Il1 :
Burt L. Saurrders. ('hairnran
[)cput1'Clcrk
Appror cd as to li)rnr and lcgalitl
Salh'A. i\shkar. Assistant (ior:nt1 .\
l:5-RPRr)lql I lr)60l:( I I
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Page 2522 of 3896
EXHIBIT A
PAGE I OF 19 l6EtO
SUPER TOW ERS INC - CHANNEL 30.280 TOWER
.\5
This License Agreement (this 'Agreemenf') is made and entered into as of this Zt* Ua) ot
June, 2014, by and between Super Towers, hc. ("Licensof'), and Collior County, a politic€l
subdivision of the State of Florida ("Licensee").
WITNESSETH:
1. Definilions. Licensor and Licensee agree that the respecNive terms as used herein
shall, unless the context otherwise requires, have the following meanings:
"Towef' moans Licensofs 280' AGL Tower located at 9930 Channel 30 Drive, Bonita
Springs, Florida, geographic coordinates 26", l9', 25.8 " North, and 81",47', 24.1" West.
"Building" means any equipment building adjacent to the Tower designated by Licensor for
the installation of communications equipment.
"Antenna Site" means the applicable portlons ot the Tower and Building(s) designated by
Licensor as Site Space.
"Site Equipment" means any communications equipment, including base stations,
antenna(s), poles, dishes or masls, cabling or wiring and accessories used therewith approved by
Lic€nsor for installation, operation and maintenance on the Antenna Site.
Licsnsor and Lic€nsee agree that capitalized terms delined €lsarrhere in this Agreement
shall, unless the context requires otherwise, have the meaning there given.
2. License to Use. Subiect to and upon the terms, provisions and conditions hereinaner
set forth, and in consideration of the dulies, covenants and obligations of Licensee hereunder,
Licensor has granted and does hereby grant unto Licensee, a non-exclusive license (the "License")
to use the Anlenna Site for the installation, operation and maintenanc€, at Licensee's sole expense,
of Licensee's Site Equipment, which is more particularly described in Erhibit A attached hereto and
made a parl hereof for all purposes.
(a) This License is limited to allowing Licensee to only install, maintain and
operate on the Antenna Site in the location or locations desc.ibed in Exhlbit A, radio
communications equipment which Licensee owns for purposes of providing (i) public sdety
communication services used in the operation of Licensee's official activities where Licensee
holds a Federal Communications Commission ("FCC") license for said use, (ii) common
caniage where Licensee holds an FCC license as a Radio Common Carrier (iii)
communications services for others where Licensee holds an FCC license as the system
operator, or (iv) transceivers for use by others where others hold an FCC license for the
operation of said transc€ivers.
(b) Licensor m8y require Licensee to relocate all or a portion of its Sit€
Equipment to a different area of the Antenna Site, and Licensee agrees to relocate said Site
Equipment at Licensee's expense, provided that said relocation does not substantially
change lhe operatlon of the Site Equipmenl.
1 SuperTowers - Colliet County -2/5/2074 Page 1
/;\
Page 2523 of 3896
I]XHIBIT A
PAGF- 2 OF I9
(c) The Licensee may, as needed from time to time, change out the Lic€nsee's
Site Equipment referenced in Exhibit A for repair, update, or other such need provided lhat,
with respect to equipment that is located on lhe Tower, the Licensee provides the Licensor
wilh prior written notice of the proposed changes in the Licensee's Site Equipment and
satisfactory proot that the proposed changes will not alter or increase the Tor.t er loading.
Such written notice, upon acceptanc€ by the Licensor, shall be deemed lo rspresent an
amendment to Exhibit A for the purposes of identifying the Site Equipment authorized to b€
presenl under this License Agreement.
16E10
J-Term
(a) The term (the "Term") of this Agreement shall commence June 24, 2014
(commencemenl date) and shall continue unlil June 24, 2019, and this agreement shall
automatically renew for two (2) additional terms of live (5) years each (the "Renewal
Term(s)"), unless either party shall give the other party written notice of its intent not to
renew no less than ninety (9O) days prior to the expiration of the initial term or any Renewal
Term hereof and turther provided that Licensee shall not be in default upon the
commencemsnt of the Renewal Term.
(b) The permission granted to Licensee to use the Antenna Sile granted by lhis
Agreement may be cancelled by Licensor for any non-compliancr by Licensee with the terms
or provisions of this Agreement if such failure, after proper notice of such non-compliance
has been given lo Licensee, continues for (i) ten (10) days and c€n be cured by the payment
of money or (ii) thirty (30) days and cannot be cured merely with the payment of money.
(c) Upon expiration of the initial term or any Renewal Term, as applicable, this
Agreement shall automatically renew for additional periods of five (5) years each at like
terms, except that lhe Monthly License Fee shall increase as set torth in Exhibit A. Said
renewal shall become efieciive unless either party shall give the other party written notice of
its intent not to renew nanety (90) days prior to the expiration of the initial tem or any
Renewal Term hereof
(a) Licensee shall pay Lioensor, without demand, offset or counterclaim on the
Commencement Date and on the lirst of each calendar monlh thereefter during lhe Term the
monthly fee set forth ln Exhlbil A (the "Monthly License Fee") with respect lo Licensee's Site
Equipment set forlh opposite such fee. lf the Commencement Oate occurs on a dale olher
than the firsl day ol a month, the Monthly License Fee shall be pro-rated lor such partial
month. Likewise, if the Term ends on a date other than the last day of a month, the Monthly
License€ Fee shall be pro-rated for such partial month.
(b) Pursuant to Chapter 212, Florida statutes; Licensee is exempt from the
Payment of Florida sales and use tax on real property rented. tangible personal property
purchased or renled, or service purchased.
"r\t
1 Super Towers - Collier County - 2 /S/2014 Page 2
4. Pavmenls.
Page 2524 of 3896
16E 10EXHIBIT A
PAGE 3 OF 19
(c) ln addition to the Monthly License Fee, Licensee shall pay Licensor an
amounl equal to the amount of the then current Monthly License Fee annually on the
anniversary date of the Commencement Date in contribution toward operating expenses.
(d) ln addition to the Monthly License Fee, Licensee will be responsible for a
finance charge of one and one half percent (1-112%) per month, or eighteen percent (18%
annually) on all past due balances.
5. Technical Standards Licensee agrees that the installation, operation and
maintenance of its Site Equipment shall at all times, and al Licensee's expense, comply with such
technical standards as may from time to time be established by Licensor for the Antenna Site,
including, with-out limitation, technical standards relating to frequency compatibility, radio
interference protection, antenna type and location and physical installation (the "Technical
Standards"). The current Technical Standards are attached hereto as Exhibit B. lf any new
technical standards established by Licensor shall require lhat Licensee modiry or revise the then
existing inslallation, operation or maintenance of its Site Equipment, Licensee shall make such
modifications or revisions within a reasonable time thereafler,
7. Common Equioment. Not Applicable
8. Maintenance. Licensor shall , at its expense, be responsible for the maintenance of
the Tower. Licensee shall be responsrble, at Licensee's expense, for the maintenance of its Tower
mounted equipment including brackets, cable ties, antennas, antenna cables, control lines, cable
bridging, equipment sheller, equipment shelter systems and services, and all acressory and/or
hardware components associated with same; and Licensee shall respond to Licenso/s notice to
make necessary repairs within seventy{wo (72) hours, which notice may be verbal. lf Licensor, in
its sole judgment, deems any repairs to Licensee's tower equipment necessary for the protection of
life or property, and if Licensee is unable or unwilling to effect such repairs expediently, Licensor
may effect the necessary repairs, and Licensee shall pay Licensor's invoice therefore within fourteen
Itt qftt,lt'l Page3
6. lnterference. lf, in the sole iudgment of Licensor, any electrical, electromagnetic,
radio frequency or other inlerference shall result from the operation of any of Licensee's Sile
Equipment, Licensee agrees thal Licensor may, at Licensofs sole option, shut down Licensee's
equipment upon four (4) hours prior verbal notice to Licenseei provided, however if an emergency
situation exists, which Licensor reasonably determines in its sole discretion to be attributable to
Licensee's equipment, Licensor shall immediately notify Licensee verbally, who shall act immediately
to remedy the emergency situation, Should Licensee fail lo remedy said emergency situation,
Licensor may then act to shut down Licensee's equipment. Licensee shall indemnify Licensor and
hold it harmless from all expenses, costs, damages, loss, claims or other liabilities arising out of said
shutdown. Licensee agrees lo cease operalions (except for intermittent testing on a schedule
approved by Licensor) until the interference has been corrected to the satisfaction of Licensor. lf
such interference has not been correcled wilhin 60 days, Licensor may, at its sole option, either
terminate lhis Agreement forth-with, or may require that Licensee immediately remove from the
Antenna Site the specific item of Site Equipment causing such interference, in which latter case the
Monthly License Fee shall be reduced by the portion of the fee applicable to such equipment for the
remainder of the Term and all other terms and condltions of this Agreement shall remain in full force
and effect.
1 Super Towers - Collier County - 2 /5/2014
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16E 10
EXHIBIT A
PAGE 4 OF 19
(14) days of receipt. Only tower service organizations approved by Licensor shall ascend the Tower
or do any installations, service or maintenance work on the Tower. Licensee, its employees, agents
or invitees shall not ascend the Tower without written approval from Licensor, and then only upon
providing evidence of insurance coverage as may be reasonably required by Licensor and naming
Lic€nsor as co-insured.
ln the evenl that maintenance of the Tower requires structural work or repair, Licensee shall provlde
full cooperation and accommodation to the Licensofs efiorts to complete such maintenance or repair
work in an expedient and timely manner up lo and including the temporary powering down or shut
down of the Licensee's transmitting equipmenl for the period of time and specific work hours
deemed necessary lo complete the work.
9. Tower ReDlacement. lf the existing Tower is replaced with a new Tower due to a
failing in the structural integrity of the existing Tower resulting from any reason or cause, Licensor
shall provide Licensee with written notice of such pending event including the time frame for the
construction of the new Tower and dismantling of the existing Tower. Upon such notice, the
Lic€nsee shall have the option to either i) terminate this Agreement effective upon the
decommissioning date of the existing Tower, or ii) transfer the then current term of this License, to
the new Tower subject to Licensee's relocation of the Licensed Site Equipment to the new Tower
within the Licensofs allotted time frame and at the Licensee's sole expense. ln the event Licensee
elecls nol lo relocate to the new Tower, this Agreement shall terminate upon the existing Towels
decommissioning date provided in the Tower replacement notice referenced above, at which time,
Licensee shall have all Licensee's Site Equipment removed from the Tower.
10. Electrical Facilities. The securing and maintenance ot electric power to service the
Licensee's Site Equipment shall be the sole responsibility of the Licensee. All electric service feeds
shall be of the underground type, and proposed eleclric service feed routes shall require the prior
approval of the Licensor. The installation of a propane fueled electric power generator unit shall be
allowed per the conditions provided in Exhibit A.
11. AIR CONDITIONING- Not Applicable
12. Complianc€ with Laws. The access to, and installation, maintenance and operation
of Licensee's Site Equipment must at all times be in slrict compliance with the Technical Standards,
all applicable federal, state and local laws, ordinances, and regulations and the rules and regulations
of the Antenna Site.
13. Housekeeoino and Co-existence. Licensee shall keep its Site Equipment and the
areas immediately sunounding same neal and clean at all times, including the removal of all solid,
liquid, and gaseous debris, trash, and waste. lf the Licensee's licensed space is not kept clean and
maintained, the Licensee will be advised of noted deficienoes in writing, and if Licensee fails to
abate the condition within ten (10) days, conective aclion will be taken by the Licensor and the cost
of such action will be charged to the Licensee at the rate of cost plus 200%.
Licrnsee shall conduct its business and control its agents, employees, invitees and visitors in such
manner as not to create any nuisance, or interfere with, annoy or disturb any other Licensee or
1 Super Towers - Collier County - 2 /512014
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Page 2526 of 3896
16E10
EXHIBIT A
PAGE 5 OF 19
Licensor in its operation of the Antenna Site. Licensor shall have no obligation to license, maintain,
operate or safeguard the Site Equipment.
14. Assiqnment and Sublicensinq. Licensee m ay not assign this Agreement without the
prior written consenl of Licensor, which consent Licensor may withhold in its sole discrelion.
Licensee shall nol be permitted to sublicense to, or share its Site Equipment with, third parties
without the prior written consent of Licensor, which consent Licensor may withhold in its sole
discretion. Licensor shall have the right to freely transfer and assign, in whole or in par1, all its rights
and obligation hereunder and no further liability or obligation shall lhereafler accrue against Licensor
hereunder.
15. lnsDeclion. Licensee shall permit Licensor, its agents and/or representatives at all
hours to have access to Liceflsee's Site Equipment to (a) inspect Licensee's Site Equipment, (b)
make technical measurements or tests related to the Site Equipment, provided that no hard electrical
connections are made to Licensee's Site Equipment when Licensee or its representative(s) is not
present, (c) perform any obligations of Licensee hereunder which Licensee has failed to perform, for
which work Licensee agrees to pay Licensofs invoice therefore promptly, (d) assure Licensee's
compliance with the terms and provisions of this License and all applicable laws, ordinances, rules
and regulations forwhich work Licensee agrees to pay Licenso/s invoice therefore promptly.
16. lnstallations, Maintenance . Reoairs and Removal. Licensee , and those Licensee
agents, represenlatives, employees, subcontractors, and suppliers who are pre-approved by the
Licensor shall have unrestric{ed 2417 a@P-ss to the Licensee's Sile Equipment, shelter and related
ground equipment located al the Antenna Site. All other agents, representalives, employees,
subcontractors, and suppliers must obtain Licensor approval and authorization to access the
Antenna Site with request being subject lo not less than three (3) business day's prior notice. ln the
case of an emergency (outage or significant and immediate hazard condition) the prior notice
requiremenl shall be waived for those having pre-approved status in lieu of Licensee requirement of
reasonable attempts to provide immediale notice consistent with Licensois site access policies and
procedures lhat are in place at such time.
Prior to installing or allowing the installation or replacement of any equipment in or on lhe Antenna
Site, Licensee shall submit a detailed scope of work, including any specmc equipment informalion
and/or plans and specilicetions requesled, to the Licensor for approval. Plans and specifications for
planned installations shall in all events be in compliance with the Licensor's Technical Standards,
and Licensor, or its designee, shall have forty five (45) days from receipt of the scope of work,
including any specmc equipment information and plans and specifications within which lo approve or
disapprove of same. A non-response by the Lic€nsor upon the passing of the forty lifth (45"" day
shall be deemed a DENIAL of the Licensee's proposed installation. ln no event will Licensols
approval of Licensee's plans and specifications be deemed a representation of compliance with
applicable laws, ordinanc4s or rules and regulations, or any representation that the planned
installation will not cause interference with other communications operations, such responsibility
being solely Licensee's.
Licensor shall have the right of prior approval of any contraclors performing installation, modification
or maintenance work on behalf of Licensee on the Antenna Site, which approval shall not be
unreasonably withheld, but which once given may be rescinded by Licensor. lf Licensee performs
1 Super Towers - Collier County - 2/5/2074
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Page 5
Ylt
Page 2527 of 3896
16E10
EXHIBIT A
PAGE 6 OF 19
ils own installalion, modification or maintenance work, Licenso/s righl of prior approval shall also
extend to Licensee as a contractor, and any reasonable withholding or rescission of Licensofs
approval of Licensee as a conlractor shall not relieve Licensee of its obligations hereunder.
Licensee shall submit the name of any proposed contraclor to Licensor prior to such contractor
performing any work on behalf of Licensor on the Antenna Site and Licensor shall notify Licensee
within a reasonable period of lime thereafter as to whether Licensor has approved such contrac{or.
Provided Licensee is not in default of any of its obligations hereunder, Licensee may remove its Site
Equipment at any time prior to the termination of this Agreement provided Licensee repairs any
damage to the Anlenna Site caused thereby. lf Licensee does not remove its Site Equipment (to the
extent such is enlitled to be removed) on or prior to the expiration or termination of this License
without written consent of Licensor, Licensee's Site Equipment shall be conclusively deemed to be
abandoned and shall become Licensofs property and Licensor may remove and/or dispose of such
Site Equipment as Licensor sees fit, all at Licensee's cosl and expense. lf Licensee elecls to
abandon any transmission line which as the property of Licensee, and if Licensor consenls to such
abandonment, then said transmission line shall become the sole property of Licensor. Otherwise,
Licensee shall, at its expense, remove all transmission and/or control lines which are its property
and shall be responsible for any damage during the removal operation to the Tower and
lransmission line(s) belonging to others and shall indemnify Licensor against for all claims for
damages by any other Licensee to whom Licensor may have licens€d all or any part of the Antenna
Site arising from or in any way related to the actions of Licensee.
All work to be performed at the Antenna Site shall be performed by indaviduals or entities possessing
a valid policy of Workeds Compensalion lnsurance and General Liability lnsurance for the type of
work lo be performed. Prior to the commencement of any work at the Antenna Site, the Licensee
shall: a) deliver a copy of the Cerlificates of lnsurance lo Licensor, and b) procure all necessary
building and use permits for the work to be performed by or on behatf of Licensee. Licensor shall be
fumished with copies of the permil applications and copies of the permit cards and signoffs.
Licensee shall procure all necessary inspections and signoffs of the work required by govemmental
authorities and shall confirm that all its work at the Antenna Site conforms with applicable building
codes, OSHA regulations, use ordinances and all other applicable govemmental regulations.
Licensee shall pay for all permitting and licensing fees applicable to Licensee's use of the Antenna
Site. Licensee's construction and installation work shall be performed at Licensee's sole cost and
expense and in a good and workmanlike manner.
17. Tower Work. Any activity that results in the need for any person(s) to be
ptesent upon the tower structure ("Tower Work"), shell b€ subject to the following additional
requirements:
(a) Licensee is required to obtain prior written approval from Licensor for any and all Tower
Work with approval by the Licensor not being unreasonably withheld, conditioned, or
delayed.
1 Super Towers - Collier County - 2 /5/2014 \/ dit't Page 6
Page 2528 of 3896
16E10
(b) Licensee acknowledges that Tower Work approval applies to the Licensee, and/or any
person working on behalf of Licensee and that specmc approval from the Licensor is required
for each and any occurence of Tower Work being performed.
(c) Except in the case of emergency, Licensee will submit its request for Tower Wort to the
Licensor at least three (3) business days in advance and in accordancE with the Licensofs
policies and practices that are in place at the time which shall indude, but not limited to:
i) The identmcation of the persons or entity performing the work and
ii) A description of the nature and scope of the work to be done.
(d) Licensor epproval of Tower Work requests shall be subject to the following:
i) Cunent Certmcates of lnsurance evidencing valid policies of General Liability and
Workels Compensation coverage for all workers scheduled to perform Tower Work
on behalf of Licensee being on file with, or made available to, the Licensor at the
time of the request and being reasonably satisfaclory to Licensor.
ii) All other certific€tes, certiflcations, proof of competency, liability waivers, or other
documents requlred by the Licensods general Tower access policies and procedures
in effect, and subjecl to change from time to time, being on file with, or made
available to, lhe Licensor at the time of the request.
iii) The Licensee's proposed Tower Work will not cause equipment to be installed
that is different fiom the Equipment specmed by this Agreement without Licensor
approval as provided in Paragraph 16 or elsewhere in this Agreement.
iv) The proposed Tower Work schedule will not conflict with any other previously
scheduled Tower climbing work.
v) There are no other conditions considered by the Licensor to be a reasonable
cause for denial or delay.
Licensee acknowledges lhat Tower climbing is a high risk activity, and lhal the Licenso/s Tower
Work policies and procedures are reasonable requirements for the sake of the safety of persons and
property, and Licensee agrees to comply with these requirements. Licensee agrees that Tower work
performed on their behalf shall only be performed by Licensor approved climbers. ln the event thal
Tower Work is done on behalf of or by Licensee for any reason, without Licensofs previous
approval, Licensee acknowledges that Licensor will have to inspecl the Tower. Accordingly,
Licensor will invoice Licensee, and Licensee agrees lo pay an inspection fee of $1,500.00, or
Licenso/s actual invoiced cost, if greater ("lnspection Fee'), due and payable within fourteen (14)
days, payable to Licensor, upon each and any occurrence of such unapproved Tower Work.
18. Fire Clause. ln the event of a fire or other casua Ity in or on the Antenna Site,
Licrnsee shall immediately give notice thereof to Licensor. lf the Anlenna Site through no fault or
neglect of Licensee, its agents, employees, invitees or visitors, shall be parlially destroyed by fire or
1 Super'fowers - Collier County - Z/S/2014
I l'/ru1'r Page 7
EXHIBIT A
PAGIr 7 OF 19
Page 2529 of 3896
16E10
EXHIBIT A
PAGE 8 OF 19
other casualty so as to render the Anlenna Site unusable, the Monthly Licensee Fee provided for
herein shall abate thereafier unlil such time as the Antenna Site is made usable as determined by
Licensor. ln the event of total or partial destruction of the Antenna Site without fault or neglect of
Licensee, its agents, employees, invitees or visilors, henceforth this License shall cease and come
to an end. Nothing herein shall be construed to require Licensor to rebuild the Antenna Site, but if
Licensor decides not to rebuild, this License shall terminate as of the date of such tolal or partial
destruction.
19. Force Maieure. ln the event that Licensor is delayed in, or prevented from
performing pursuant to lhe terms and conditions of this Agreement, by reason of or through any
cause reasonably beyond its control and not attributable to its negle61, including strike, stoppage in
labor, failure of contractors or suppliers of materials, riol, flood, tire, hunicane, weather, invasion,
civil war, commotion, insurrection, military or usurped power, order of any court granted in any bona
Rde adverse legal proceeding or action, order of any civil or military authority (either de facto or de
jure), explosion, act of God or public enemies, unscheduled outages of generalion, transmission or
distribution facilities; lhen, and in each such case or cases, Licensor shall not be liable to Licensee
or any other party for or on account of any loss, damage, injury, or expense (ancluding consequential
damages) resulting from or arising out of any such delay or prevention from performing; and
provided further, that Licensor shall not be required to settle a strike affecting it except when.
according to its own best iudgment, such a settlement seems advisable.
20. Condemnation. lf the Antenna Site or a ny portion thereof shall be taken under
eminent domain or condemnation proceedings, or if suit or other action shall be instituted for the
taking or condemnation thereof, or if in lieu of any formal condemnation proceedings or actions the
Licensor shall grant an option to purchase and/or shall sell and convey the Antenna Site, or any
portion thereof, lo the govemmental or other public authority, agency, body or public utility, seeking
to take said land and premises or any portion thereof, then this Agreement, at the option of the
Licensor, shall terminate and the Term hereof shall end as of such date as the Licensor shall fix by
notice in writing; and the Licensee shall have no claim or right to claim or be enlitled lo any portion of
any amount which may be awarded as damages or paid as the resutt of such condemnation
proceedings or paid as the purchase price for such option, sale or conveyance In lieu of formal
condemnation proceedings; and all rights of the Licensee to damages, if any, are hereby assigned to
lhe Licensor. The Licensee agrees to execute and deliver any instruments, at the expense ot the
Licensor, as may be deemed necessary or required to expedite any condemnalion proceedings or to
effectuale a proper lransfer of tltle to such govemmental or other public authority, agency, body or
public utility seeking to take or acquire the said lands and premises or any portion thereof. The
Licensee covenants and agrees to vacate the Antenna Site, removing all of the Licensee's personal
property therefrom and delivering up peaceable possession thereof to the Licensor or to such other
party designated by the Licensor in the aforementioned notice. Licensee may file a claim for any
loss of Licensee's Property; moving expenses: or for damages for cessation or intemrption of
Licensee's business, provided such claim will not diminish Licensofs re@very. Licensee will be
entitled to reimbursement for any prepaid License Fee.
21 . Damaees from Certain Causes. Licensor or its agents shall not be liable or
responsible to Licensee for any loss or damage to any property or person occasioned by theft, fire,
act of God, public enemy, injunclion, riot, strike, insuneclion, war, court order, requisition or other
order of govemmental body or authority, or for any damage or inconvenience which may arise
1 Super Towers - Collier County - 2/512014
Ut alal ,Page 8
Page 2530 of 3896
16E10
through maintenance, repair or alteration of any part of the Antenna Site, or failure to make any such
repairs.
22. lnsurance. Licensee will keep in force at its expense as long as this Agreement
remains in effect and during such other time as Licensee uses any part of the Antenna Site, and
shall cause its contraclors and subcontractors to keep in force for the period of time when they are at
the Antenna Site, the following insurance coverage's:
(a) Worke/s compensation to lhe extent required by law;
(b) Commercial general liability insurance, with respect to the Antenna Site, with carriers
authorized lo do business in Florida and possessing a rating of A- or better from AM Best,
and with minimum limits of 8J4Jc0oJq9 on account of bodily injury or death, property
damage, products completed operations, personal injury, advertising injury and contractual
liability.
(c) An additional $5.un.w0.@ will be caried excess of the primary $2,000,000.00 via an
umbrella policy or excess liability policy.
Products and completed operations coverage shall survive this License Agreement and remain in
force for a minimum of two (2) years afler any work performed at the Antenna Site.
Licensee's Site Equipment at the Antenna Site will be covered by an all risk/special perils property
policy at one hundred percent (100%) of the replacemenl cost value of all Site Equipment and
apparatus installed pursuant to this License Agreemenl; and such other insurance as may be
necessary to insure the indemnification obligations of Licensee pursuant to lhis Agreemenl.
Licrnsee will provide current certificates of insurance to Licensor, Licensee will also name Licensor
and its mortgagees (and at Licensofs request, subjecl to the consent of Licensee and Licensee's
lnsurance carrier, which consent shall not be unreasonably withheld, and at no cost to Licensee, any
additional parties reasonably designated by Licenso0 as an additional insured's under the
Commercial General Liability policy, and such policy shall contain a provision stating that the insurer
shall notify Licensor in wnting that a policy is due to expire or being cancelled at least thirty (30) days
prior to such expiration or lermination.
Neither Licensee nor Licensor, nor their respective agents or employees, shall be liable to the other
(or to anyone claiming through or under them by way of subrogation or otherwise) for loss or
damage of a type normally covered by comprehensive liability, workeds compensation, fire, "all-risk",
thefl and vandalism insurance covering the Site Equipment, the Antenna Site, the Tower, personal
injury or disability. Licensor and Licensee shall each cause their insurance policies to contain
clauses or endorsemenls that the aforesaid releases shall nol adversely affecl or impair a party's
rights to recrver under said insurance policies.
\,t/ qf ,ol,q
1 Super Towers - Collier County - 2/5/2074 Page 9
F,XHIBiT A
PAGE 9 OF 19
Licensee may update the minimum coverage amounts as provided herein to commercially
reasonable amounts upon commencement of any Renewal Term of this License.
Page 2531 of 3896
16E10EXHIBIT A
PAGIi lo ()lr l9
23. Licensee shall defend, indemnify, and hold Lic€nsor harmless ftom and against all
claims, suits, action, proceedings, losses, damages, r8sponsibilities, liabilities, demands, judgments,
executions, reasonable attomeys'fees (including attomeys'fees to enforce this indemnity) and expenses
incuned by or asserted against Licensor to lhe extent arising out ot or related to this Agreement or the
Licensee's use of the Tower.
(a) Nothing within this ARTICLE shall alter or waive the provisions of Florida
Statutes Chapter 7ffi.28 or thB limitations of liability containad therein.
24. Hold Harmless. Licensor or its agents, employees and subcontractors shall not be
liable to Licensee, or lo Licensee's agents, employees, customers or invitees for any damage to
person or property caused by any act, omission or neglecl of Licensee, its agents, or employees,
and Licensee agrees to indemnify and hold Licensor, its agents, employees and subcontractors
harmless from all liability and claims for bodily injury or property damage resulting from Licensee's
negligence.
25. Limitation of L icensofs Personal Liabilitv. Licensee specifically agrees to look s0lely
to Licensods interest in the Antenna Site for the re@very of any judgment from Licensor, it being
agreed that Licensor shall never be personally liable for any such judgment,
26.
a "Default":
Failure to Perform. Defaults. Remedies. Each of the followi ng events shall constitute
a). lf Licensee shall (x) make an assignment Ior the benefit of creditors; (y) file or
acquiesce to a petition in any courl (lvhether or not pursuant to any statute of the United States or of
any State) in any bankruptry, reorganization, composition, extension, arrangement or insolvency
proceedings; or (z) make an application in any such proceedings for or acquiesce to the appointment
of a trustee or receiver for it or any portion of its property.
b). lf any petition shall be filed against Licensee, to which Licensee does not
acquiesce in any court (whether or not pursuant to any statute of the united states or any state) in
any bankruptcy, reorganization, composition, extension, anangemenl or insolvency proc€edings;
and (x) Licensee shall thereafter be adjudicated a bankrupt; or (y) such petition shall be approved by
any such court; or (z) such proceedings shall not be slayed, dismissed, discontinued or vacated
wilhin nlnety (90) days.
c). lf, in any proceeding, pursuant to the application of any person other than
Licensee, to which Licensee does not acquiesce, a receiver or tnistee shall be appointed for
Licensee, or for all or any portion of lhe properly of either, and such receivership or trusteeship shall
not be set aside within one hundred twenty (120) days afler such appointment.
d). lf Licensee shall fail to pay the License Fee, or any other charge required to be
paid by Licensee hereunder, when the same shall become due and payable, and such failure shall
continue for fifteen (15) days.
e). lf Licensee shall fail to perform or observe any other requirement of this
Agreement to be performed or observed by Licensee but not specmcally refened to in this Section,
1 Super Towers - Collier County - 215/2074 rg,11firu Page 10
Page 2532 of 3896
EXHIBIT A
PAGE II OF 19
lf Licensee shall be in Default hereunder, Licensor may, al any time thereafler, cure said Default for
the accounl and at the expense of Licensee. Licensee shall pay, with interest at a rate of the lesser
of eighteen (187o) percent per annum or the maximum statutory interest rate, to Licensor on demand
the amount so paid, expended or incuned by the Licensor and any expense of Licensor including,
but not limited to, attomeys' reasonable fees incuned in connection with such Default; and all of the
same shall be deemed to be an additional License Fee
16E10
tltq
1 Super Towers - Collier County - 2/5/2014
and such failure shall continue for thirty (30) days (or such shorter period as may be specifically
required pursuant to another provision of this Agreement) after Licensor shall give notice of the
failure to Licensee, or in case the failure be of such nature that it cannot be cured within said period
of thirty (30) days, then if Licensee shall fail within said thirty (30) day period to commence lo cure
such Default and thereafter to diligently pursue completion of said cure.
f). This Agreement is subjecl to the following limitation: if at any time a Default shall
occur, then upon the happening of any one or more of the aforementioned Defaults, Licensor may
give to Licensee a notice of intention lo end the Term of this Agreement at the expiration of thirty
(30) days from the date of service of such notice of termination. At the expiration of such thirty (30)
days, this Agreement and the Term, as well as all of the right, title and interest of the Licensee
hereunder, shall wholly cease and expire, and Licensee shall then quit and vacate the Tower Site
and Tower. Notwithstanding such termination, sunender and the expiration of Licensee's right, title
and interest, Licensee's liabilily under all of the provisions of this Agreement shall continue.
lf this Agreement shall be terminated as herein provided, Licensor, or its agents or employees, may
remove Licensee, Licensee's agents, employees, sub licensees and any invitees, together with any
of its or their property and Equipment, from the Tower and Tower Site, without any summary
dispossess proceedings or any other action or proceeding at law. ln the event of such termination,
Licensor may repossess and enjoy any space on lhe Tower, in any building or trailer or anywhere
else on the Antenna Site used by Licensee pursuant to this Agreement.
ln case of re-entry, repossession or termination of this Agreement, whether the same is lhe result of
this institution of summary or other proceedings or nol, Licensee shall remain liable (in addition to
accrued liabilities) to the extent legally permissible for (i) the (x) License Fees, and all other charges
provided for herein until the date this Agreemenl would have expired had such termination, re-entry
or repossession not occuned; and (y) reasonable expenses to which Licensor may be put in re-
entering the Licensed Space or repossessing lhe same; making good any Default of Licensee;
relicensing the same (including reasonable disbursements, marshal's fees, brokerage fees, in so
doing); minus (ii) the net proceeds of any relicensing. Licensee agrees to pay to Licensor the
difference between items (i) and (ii) hereinabove wilh respect to each month, at the end of such
monlh, Licensor shall use its best faith efforls to mitigate its damages in the event of a default
hereunder by Licensee,
lf Licensor so elects as an altemative lo the remedies set forth in the preceding paragraph, Licensee
shall pay Licensor, on demand, as liquidated, agreed final damages and nol as penalty, an amount
equal lo one (1) year License Fee. Upon payment of such liquidated and agreed final damages,
Licensee shall be under no further liability with respect to this Agreement after the dale of such
demand.
Page 11
Page 2533 of 3896
16E 10
EXHIBII' A
PAGF, I2 OF 19
Except as specmcally set forlh herein, with respecl to the rights and remedies of and waivers by
Licensor: (a) the rights and remedies of Licensor set forth herein shall be in addition to any other
right and remedy now and hereafter provided by law. All such rights and remedies shall be
cumulative and not exclusive of eacfi other; (b) a single or partial exercise of a right or remedy shall
not preclude (i) a further exercise thereof or (ii) the exercise of another right or remedy, from time to
time; (c) no delay or omission by Licensor in exercising a right of remedy shall exhaust or impair the
same or constitule a waiver of, or acquiescence to, a Default; (d) no waiver of a Default shall extend
to or affecl any other Default or impair any right or remedy with respect theretoi (e) no action or
inaction by Licensor shall constitute a waiver of a Default; (l) no waiver of a Default shall be
effeclive, unless it is in writing.
27. Notice. Any nolice, communication, request, reply or advise (herein severally and
collectively, for convenience, c.alled "notice") in this Agreement provided or permitted to be given,
made or accepted by either party to the other must be in writing and shall effectively be given if (i)
hand{elivered; (ii) sent by Federal Express or a comparable ovemight mail service; or (iii) sent by
prepaad registered or certifled mail, return receipt requested Notice given in any other manner shall
be effeclive only if and when re@ived by the other party to be notmed, except as may be herein
provided with regard lo verbal notice.
lf to Licensor. to Timothy G. Sheehan
34 Main Street
Wenham, MA 01984
Telephone #: 978-526-8306
Fax #: 978468-2809
lf to Licensee, to Board of County Commissioners
c;/o Real Property Management
3335 Tamiami Trail
Naples, FL 341 12
Telephone #: 235-252-87 431
Fax#: 239-252-8876
Super Towers, lnc.
34 Main Street
Wenham, MA 01984
Telephone #: 978-526-8306
Fax #: 978-468-2809
The parties herelo and their respective heirs, successors, legal representative and assigns shall
have the right from time to time at any time to change their respective addresses and eich shall
1 Super Towers - Collier County - 2 /S /2014
Vlqlplrt
Page 12
For purposes of nolice the addresses of the parties shall, until changed as hereinafter
provided, be as follows:
Payments to be made payable to:
Page 2534 of 3896
I6E10
EXHIBIT A
PAGE 13 OF 19
have the right to specify as its address any other address, by at leasl fifleen (15) days written notice
to the other party.
28. Partial lnvaliditv. lf any term or provision of this Agreement, or the application thereof
lo any person or circumstance, shall to any extent be invalid or unenforceable, as finally determined
by a court of competent jurisdiction, the remainder of this Agreement or the application of such term
or provision to persons or circumstances other than those as to which it is invalid or unenforceable,
shall not be affected thereby, and each lerm and provision of this Agreement shall be valid and
enforced to the fullest extent permitted by law.
29. Altorneys' Fees lf Licensee fails to perform any of the terms, covenanls,
agrsements or conditions contained in this Agreement and Licensor places the enforcement of this
Agreement, or any part thereof, or the callection of any sums due, or to become due hereunder in
the hands of any attomey, or tiles suit upon same, Licensee agrees lo pay Licensols reasonable
attomeys' fees.
30. Non-Waiver. Failure of Licensor to insist on slrict performance of any of the
conditions, covenanls, terms or provisions of this Agreement or to exercise any of its rights
hereunder shall not waive such rights, but Licensor shall have the right to enforce such rights at any
time and take such aclion as might be laMul or authorized hereunder, either in law or in equity. The
receipl of any sum paid by Licensee to Licensor after a breach of lhis Agreement shall not be
deemed a waiver of such breach unless expressly set forth in writing.
31. Alteration. This Agreement may not be altered, changed, or amended, except by an
instrumenl in writing signed by both partaes hereto.
32. Subordination Attornment This Agreement shall not be a lien against the Towernd
or Antenna Site and shall be subjecl and subordinate to any mortgages, or ground or master leases
that are, now or may hereafter be placed upon the Anlenna Site. All such mortgages, or ground or
master leases shall have preference and precedence, and be superior and prior in lien, to this
Agreement, irrespective of the dale of recording. This provision shall be self-operative, and no
further inslrument of subordination shall be required. Nevertheless, Licensee agrees to execute,
without cosl, any instruments which Licensor may deem necessary or desirable to confirm the
subordination of this Agreement. A refusal by the Lic€nsee to execute such instruments shall
constitute a Default under this Agreement.
lf the Tower or Antenna Site are encumbered by a Mortgage and such Mortgage is foreclosed, or if
the Tower or Antenna Sile are sold pursuant to such foreclosure or by reason of a defaull under said
Mortgage, the notwithstanding such foreclosure, sale or default: (i) Licensee shall not disaffirm this
Agreement or any of ils obligation hereunder, and (ii) at the request of the applicable Mortgagee or
purchaser at such foreclosure or sale, Licensee shall at tom lo such Mortgagee or purchaser and
execute a new license for the Licensed Space setting forlh all of the provisions of this Agreement
except that the lerm of such new Agreemenl shall be for the balance of the Term.
33. Construction Liens. Licensee is hereby notified that Licenso/s interest in lhe
Property shall not be subJed to liens for any improvements made or equipment installed on the
Property by Licensee, its agents, crntractors, subcontractors or suppliers. ln the claim of
1 Super Towers - Collier County - 2/S/2014
nt any
age 13
Page 2535 of 3896
EXHIBIT A
PAGE 14 OF I9
lien shall at any time, whether before, during or after the Term, be liled against any part of the Tower
or Tower Site by reason of work, labor, services or materials performed for or fumished to Licensee
or to anyone holding lhe licensed space through or under Licensee, Licensee shall forthwith cause
the same to be discharged of record or bonded to the satisfaction of Licensor. lf Licensee shall fail
to cause such lien to be discharged or bonded within fourteen (14) days after being notified in writing
of the filing thereof, lhen, in addition to any right or remedy of Licensor, Licensor may discharge the
same by paying the amount claimed to be due, and the amount so paid by Licensor and all costs
and expenses (including reasonable attorneys'fees incuned by Licensor in procuring the discharge
of suci lien) shall be due and payable by Licensee to Licensor as an additional License Fee upon
demand.
34. Holdover. lf Licensee remains in possession of all or any part of the Licensed
Premlses afler the expiration or termination of this Agreement, Licensee shall be deemed as a
tenant-at-sufferance on a monlh-to-month basis, subject to all the terms, covenants, and conditions
of this Agreement, except those perlaining to the term of the Agreement, and shall pay a monthly fee
equal to two hundred percent (2OOo/o') ot the most recenl License Fee. Licensee's occupancy shall
continue on a month-to-month basis until: a) terminated by Licensor or Licensee, with written notice
of not less than thirty (30) days to the other, or b) renewed by written Agreement signed by all
parties.
35. Construclion of Aqreement. Should any provision of this Agreement require
interpretation in any iudicial, administrative or other proceeding or circumstance, it is agreed lhat the
court, administrative body or other entity inlerpreting or construing the same shall not apply a
presumption that the terms thereof shall be more striclly construed against one party by reason of
the rule of construction that a document is to be construed more strictly against the party who
prepared the same, it being lurther agreed lhat both parties hereto have fully participated in the
preparation of this Contract.
36. Section and Paraoraph Headinos. The section and paragraph headings herein
contained are for the purposes of identification only and shall not be considered in construing this
Contract.
37 . Time of the Essence. Time is of the essence in the performance of all obligations by
Licensor and Licensee under this Agreement.
39. Authoritv. Licensee and the person execuling this License on behalf of licensee
represent and warrant that such entity is a corporation duly qualified to do business in Florida and
that the individuals executing this License Agreement on Licensee's behalf are duly aulho ed todil
16Efi
38. Joint and Several Liabilitv. lf two or more individuals, corporations, partnerships or
other business associations (or any combination of two or more thereoO shall sign this Agreement as
Licensee, the liability of each such individual, corporation, partnership or other business association
to pay License Fees and perform all other obligations hereunder shall be deemed to be joint and
several. In like manner, if the Licensee named in this agreements shall be a partnership or olher
business association, the members of which are, by virtue of statute or general law, subject to
personal liability, the liability of each such member shall be joint and several.
1 Super Towers - Collier County - 2 /5 /2014 Page 14
Page 2536 of 3896
16E10EXHIBIT A
PAGE 15 OF 19
40. Successors and Assiqns. This Agreement shall inure to the benefil of and be binding
upon the suc@ssors and assigns of the respective parties hereto
41 . Goveminq Law: Venue. This Agreement shall be govemed by and construed in
accordance with the laws of the State of Florida. Each of the parties inevocably and un@nditionally:
(i) agrees that eny suit, action or legal proceeding arising out of or relaling to this Agreement shall be
brought in the courts of record of the State of Florida in Lee County; (ii) consents to the jurisdiction of
each such court in any suit, action or proceeding; and (iii) waives any obiection which it may have to
the laying of venue of any such suit, action or proceeding in any of such courts.
lN WITNESS WHEREOF, the parlies hereto have executed this License as the date aforesaid.
WTNESSES:LICENSOR:
SU R RS, INC.
By
othy G, Sheehan, PresidentSigneA"A.
Witness ame (PrinyType)+/rr/rq
Wtness Signature
Cte* ro rhe r"""Ai rtis to Chairman
I
rovdl
Date:
LICENSEE:
BOARD OF COUNry COMMISSIONERS
COLLIER COUNTY, FLORIDA
Tom Henning, Chai n
oeputy
Witness Name (Print/Type)
Date a- /<)Jo,
y for LicenseeApp
*",* /6€JO
A3';io'61r"1,1
R:::,?3hJJeffrey, County Attomey
1 Super T rs - Collier County -2/5/2014
execule and deliver this License Agreement on its behalf and that this License Agreement is binding
upon Licensee in accordance with its terms.
Page 15
Page 2537 of 3896
16E 10
Super Towers, lnc. / Collier County
LICENSE TERMS AND PAYMENTS
The Annual License Fee for the first year of this Agreement shall be $39,000.00, which shall be paid
monthly installments of $3,250.00 (Monthly Licensing Fee) consistent with Section 4(a) and subject
to annual escalation of two and one half (2.5%) percent, eftective on each annual anniversary of lhe
Commencement Date presented in Section 3 (a) of this agreement.
The lnitial Term of this Agreement is five (5) years, and this Agreement shall renew aulomatically for
two (2) additional terms of five (5) years unless one of the parties gives notice to the other party, in
wnting, of nonrenewal with such notice being given not less than ninety (90) days prior to the
expiration of the then cunenl term of the Agreement. lf this Agreement is permitted to automatically
renew, all of the terms, and conditions contained within it shall continue in force and the annual
escalator shall continue to apply.
The Licensee shall also make remittance to the Licensor for those payments if, and when due, in
association with Sections 4(b),4(c), and 4(d) and as otheMise provided in the Agreement.
The lnitial Term Commences on: April 1, 2014 and expires April 1, 2019;
First renewal lerm commences on: April 1, 2019 and expires April 1 , 2024;
Second renewal term commences on: April 1, 2024 and expires April 1, 2029.
LICENSED SITE EQU IPMENT
Tower Mounting of 2 flberglass antennas at the 210 foot level, one microwave dish at the
160' level, and associated line bridge, anlenna / control lines, mounts, and fasteners per the
attached drawings (including specific equipment (antenna) product identification, frequency
information, and mounting location)attached hereto and identiried as Addendum 1
2. A 12' X 20' modular equipment shelter including front end entry access slairs and a rear end
security fencing of the building service syslems (Air conditioners and electric service)
covering a total ground are not to exceed 360 s.f. ( 12' X 30') placed and constructed per the
Licensor approved site plan and construclion drawings attached hereto and identified as
Addendum 2.
3. An emergency power generator system encompassing not more than 0 s.f. of ground
space (including any associated setback / restricted use area) placed and constructed per
the Licensor approved site plan and construction drawings atached
tl
1 Super Towers - Collier County - 2/5/2014
hereto a
('lrt,
Page 1
EXHIBIT A
PAGE 16 OF 19
EXHIBIT A
Addendum 3.
Page 2538 of 3896
l6ErOEXHIBIT A
PAGE 17 OF T9
TIA - Telecommunications lndustry Association Standards
EIA - Electronic lndustry Association Standards
OSHA - Rules and Regulations
Rules and Regulations posted at the Antenna Site
Any written policies and/or procedures that the Licensor may have
in place regarding the Tower, Antenna Site and this Agreement.
V/ 'tl'ul'u
1 Super Towers - Collier County - 2/5/2014 Page 1
Super Towers, lnc. / collier county
Technical Standards
Page 2539 of 3896
EXHIBT A
PAGE 18 OF 19
F]RST AMFNDMENT TO LICENSE AGREEMENT
\ THIS 4RST -AMENDMENT TO THE LTCENSE AGREEMENT, eotcr€d inro ,nX /Zfliy ,t\lJ@€m6€K- .2017, by and b€twr€n Licensor, Super Towcrs, Inc., a Florida C-orpora.ion, ana
Liccnsec, Collicr County, I political subdivision ofrhe Statc of Florida (collectively refcrred to as "rhc Partics).
WHEREAS, Licensor and Licensce cntered into a License Agrccmcnt datcd June 24,2O14, rhcreby
Licensor licensed to Licenscc cqtain prcmise.s, thcrein dcscriM, that are E po(tiofl of the Property locstcd 8t
9930 Channcl 30 Drivc, Bonia Springs, FL 34135 (thc 'ngrcemcnf); and
WHEREAS, Licenscc wishcs to plac. h,yo ncw antcDnss and lines on thc towcr and Liccnsor agrees; and
WHEREAS, Licenscc and Liccnsor agrcc tha thc initial License Agtcmcnt did not core.tly clpt1r1e
Licersce's cquipmcnt on the tower, and thcrefore should be amended lo accuratcly rcllcct all e{uipmcnt on tbe
Towcr; and
WHEREAS, Liccrsor and Licenscc, in their mutual int€rest, wish to ancnd thc Agreemcnt as s€t forth
bclow accordingly.
NOW THEREFORE, in considcration ofthe forcgoing and other good and valurblc considration, thc
reccip and sufrciency ofwhich arc hercby scknowledgcd, Liccnsor and Licenscc agrce as follows:
l. The following provisbn shall be added to Exhibit A" License Terms and Paymcnts:
Additional License Fee: Uoon installation ofthe new equipmcnt. as outlined in the chsrt below. referrcd to as
'New' under thc cstcgorv cnri cd "Status'. Lic€nsce's Montruv Licens€ Fcc shall increase bv ThrEe Hundrcd
Twenty-Fivc Dollars (3325.00) per month. or Thirtv-Nine Hundred {$3.900.00) Dollars annuallv. This
additional Licensee Fee shall be ororated for the currcnt month. in the event the installation docs not occur on
thc ln ofthe month.
Collhr Eristing Equipmert
Ileisht Equipment ID I-ines Face Ststus
r60'( I ) Andrcw PaIG65-P)G./B Dish (B
Leg)
( I ) Standoff Microwave mount (B [.e*)
(r.) Ew63 Existing
2t 0'(l) BMRI2-DBIEJC) omni (B Leg)
(l) DB SPccrs ATSETMAI0 Amplifier
(B
r*g)
( I ) 6 foot St8trdoff mount with still arms
( Mount B Lcs, Stiff Arms BC lcss)
( I .)7/8 Coax
(1.) %" Coax
BA
BA
Existing
Exining
210'(l) BMRI2-D-BI(TX) ornni ( A trg)(l) 6 foot Standoffmount with side arms
( Mounr A Leg, Stiffarms AB lcgs)
(1.) I 5/8 Coax BA New
2t0'(l) BMRI2-D-BI(TX) omni (CL*g)
(l ) 6 foot Stardoffmount with 3id€ 8fms
( Mounr A Leg, Stiffarms CA legs)
(1.) I 5/8 Coax BA New
BA
Page 2540 of 3896
EXHIBT A
PAGE l9 ()F 19
2' Other Terms and conditions Rcmain. In the cvent of atry inconsistgncies betwecn thc Agrccm.nr 8ndfiis Amendmen! rhe tcrms of dris Amendmen; ill J.;;;;-c?i as expressry sct forth in thisAmcndmcn! the Agreement orherwisc i" ,n-rainJ"na-,#uir. "n
n , ror"" -a "ffect. Each rcfcrencein the Agreemcnt ro itserf sha,. be a."r"a o ii- tr- ort a-""a,n-r. spccifica,y, tho ArnendcdExhibit A, shall now reprcsent all Appro""a rauipi"ri.iC"rriir-io*ty trrat *ill bc on the tower onc€thc ncw equipment it is added.
3 capitalized rernrs. AII capitarizcd tcrms uscd but not defrned herein sha, have thc same mcaning asdefined in the A$ccment.
IN WTINESS WHEREOF, the Liccnsor and Licensee have cxecutcd and scal this FirstAmcndm€nt to License Agrecment on the datcs set forth bclow.
AS TO THE LICENSOR:
DATED:
DATED: 17'2o ' /7
AS TO LICENSEE:
Name:
Title:
BOARD OF COUNTY COMMISS IONERS,
CO FLORIDA
PENNY TA
-/L' /-7
to Lrirtrman s
signahre onlY.
Approved as to fcrm and lcgality:
IO,
By,
I Clerk
Page 2541 of 3896