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First Amendment to License Agreement FIRST AMENDMENT TO LICENSE AGREEMENT Sr THIS FIRST AMENDMENT TO LICENSE AGREEMENT entered into this I ' day of Tut.y ,2014,by and between SUMMIT BROADBAND INC.,a Florida corporation, whose mailing address is 24017 Production Circle, Bonita Springs, FL 34135, hereinafter referred to as "LICENSEE", and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose mailing address is 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, hereinafter referred to as"LICENSOR". WITNESSETH WHEREAS, the LICENSEE and LICENSOR have previously entered into a License Agreement ("License Agreement") dated February 25,2014; WHEREAS, the LICENSEE and LICENSOR are desirous of amending that License Agreement;and NOW, THEREFORE, in consideration of the covenants and agreements provided within the said License Agreement dated February 25, 2014, and Ten Dollars ($10.00) and other valuable consideration, the License Agreement is hereby amended as follows: 1. Article 1.01 of the License Agreement is hereby revised in part to replace Exhibit "A," attached to the License Agreement in its entirety,with the attached revised Exhibit"A". 2. Article 1.02 of the License Agreement is hereby deleted in its entirety and the following provision is substituted in its place: "1.02 PURPOSE OF AGREEMENT: LICENSOR hereby Licenses the LICENSED AREA to LICENSEE. This License is not a Franchise under any law, rule, or regulation. The LICENSED AREA for the purposes of this Agreement shall include: a) the parcel of land measuring approximately 36 feet by 51 feet (equaling approximately 1,836 square feet) for the hub; b) the additional 10 foot wide parcels from the entrance road and/or adjacent property owner's property to the hub for installation of the underground cable; and c) the parcel measuring approximately 10 feet by 140 feet (equaling approximately 1,400 square feet) for installation of underground electrical conduit. Access to the LICENSED AREA is granted as provided for herein. If any easement documents require recordation in the Public Records of Collier County, LICENSEE shall pay all costs associated with the recordation of same." 2. Except as expressly provided herein, the License Agreement remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LICENSEE and LICENSOR have hereto executed this First Amendment to License Agreement the day and year first above written. AS TO THE LICENSEE: SUMMIT BROADBAND INC.,a Florida ', corporation DATED: / /I/ BY: / a�L2e FRANK MA UCH,Div.President Witness(signature) 4 Print:��� "CO rr ��ro,,v�ajZFL.Z 4 Witness (signature) Print: 4'1, 'Dr V,4,A sS,.0%1titttUUl Seri, q AS TO THE LICENSOR: j'. BOARD OF COUNTY COMMISSIONERS;OF • . COLLIER COUNTY, FLORIDA,AS THE `` GOVERNING BODY OF COLLIER COUNT( AND AS EX OFFICIO THE GOVERNING BOARD.OF THE = •: COLLIER COU Y WATE• SEWER DISTRICT' ,1t.6.*' • _t;�` DATED: {� ° / 1i, ‘1•:'?i'•1 12‘i \'iN BY: alit .../•�f : '► 4, — 1ftls)iy)W011 Attest as toChairman's°:V�y0''rk T! ENNING,Chair •n signature only. Approved as to form and legality: Jennifer A. Belpedi Assistant County Attorney `` (� D X13 CA 1 2 EXHIBIT a p N56'44'41'E —�,/�''U�TNERLY 236. 6 MOST CORNER S56'44'41'W 566.41 v,// . 1 : OF PARCEL '0' 1 //o LINE TABLE L4 ^//` Zn LINE LENGTH BEARING =//L.11 Q o N Ll 48,23(P) N 53'39'19' E 1 ,o m L2 94.98(P) S 36'20'41' E L__ J Cu Co of L3 72.04(P) S 53'39'19' W L6 1 L9 co 5220 L4 5.25 N 60'20'12' E 31 1 L5 36.00 N 29'39'48' W Zo11� L6 51.00 S 60'20'12' W 111 L7 53,50 N 17°36'53' E MI 1c L8 9.79 N 11'20'17' W 1 Nl ! io L9 5.00 S 60'20'12' W ZI 1 Cu L10 36.00 S 29°39'48' E z Lil 50.75 N 60'20'12' E i,/, 3 Q 1 co 17 COLLIER COUNTY SITE '"Ito PARCEL 'M" r. FORMERLY P,B,I,D, ,;,4-1 1 (❑,R. 1536, to 12,00 AC,± 1 PGS, 1865-1878) (O.R, 1393, PG. 1235) 1 o � (OR. 3755, PG. 2127) �, 113 I. w o I M N.V) i cn I in In 60. I1N o SC2'04'26'W I z °U II PART OF PARCEL "❑" I1^ 3 PELICAN BAY, UNIT TWO 110 °�� (PB, 12, PGS. 74-79) IL S60'04'45'W - I---1-51767 t IIii _ \\\ Z 2`�. N5E'15'O__E_J IN c'p\\Y6. N49_3Q' 47.98,__– (9\\ °F, �\\7-ti 123�'r S\\ q� I. L8 S61'40'41' W P❑T` . .., w e o 00 O� O., a+ o. CLUB @ PELICAN BAY a.4c. MAINT, AREA . L3 Cu J NOT A SURVEY 6-27-14 REVISED LICENSE SHEET 1 OF 2 for: I project: PELICAN BAY SUMMIT BROADBAND-UTILITY LICENSE title: SKETCH AND DESCRIPTION OF UTILITY LICENSE 1date:FEB. 3,2014 MS scale: book: ..ut� uu GNOLI Certificate of Authorization Nos. LB 3664 and SB 3884 1"=120' Page: IIIi/i • Fax: (239)566-2203 uuIMu■ w w ■o I ARBER & project view: N om■ N INNO •RUNDAGE, nic. no" 14-0011 Professional engineers, planners, & land surveyors aced: file no: Collier County: Suite 200, 7400 Tamiami Trail, North; Naples, FL 34108 (239)597-3111 11057-SD 11057 ,2 v LEGAL DESCRIPTION OF A UTILITY LICENSE PART OF PARCEL '0' PELICAN BAY UNIT TWO (RS. 12, PAGES 74-79) COLLIER COUNTY, FLORIDA ALL THAT PART OF PARCEL '0', PELICAN BAY UNIT TWO, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGES 74-79, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE SOUTHERLY MOST CORNER OF PARCEL 70? PELICAN BAY UNIT TWO AS RECORDED IN PLAT BOOK 12 PAGES 74 THROUGH 79 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 56'44'41' EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL '0' A DISTANCE OF 236.36 FEET TO THE POINT OF BEGINNING OF A 10.00 FEET WIDE UTILITY LICENSE LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, THENCE LEAVING SAID SOUTHERLY LINE NORTH 11'50'39' WEST A DISTANCE OF 111.50 FEET TO POINT 'A' AND THE POINT OF TERMINUS OF THE CENTERLINE HEREIN DESCRIBED] AND BEGINNING AT THE AFORESAID POINT 'A' NORTH 60'20'12' EAST A DISTANCE OF 5.25 FEET; THENCE NORTH 29'39'48' WEST A DISTANCE OF 36.00 FEET; THENCE SOUTH 60'20'12' WEST A DISTANCE OF 51.00 FEET TO POINT 'B'1 THENCE CONTINUING SOUTH 60'20'12' WEST A DISTANCE OF 5.00 FEET; THENCE SOUTH 29.39'48' EAST A DISTANCE OF 36.00 FEET; THENCE NORTH 60'20'12' EAST A DISTANCE OF 5075 FEET TO POINT 'A' AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; AND BEGINNING AT THE AFOREMENTIONED POINT 'B' SAID POINT BEING THE BEGINNING OF A 10.00 FEET WIDE UTILITY LICENSE LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THENCE NORTH 29'39'48' WEST A DISTANCE OF 143.78 FEET; THENCE NORTH 17'36'53' EAST A DISTANCE OF 53.50 FEET; THENCE NORTH 28'43'29' WEST A DISTANCE OF 96.14 FEET; THENCE NORTH 27'55'34' WEST A DISTANCE OF 170.08 FEET TO POINT 'C'; THENCE CONTINUE NORTH 27'55'34' WEST A DISTANCE OF 95.73 FEET TO POINT 'D'; THENCE CONTINUE NORTH 27.55'34' WEST A DISTANCE OF 75.57 FEET; THENCE NORTH 56'15'03' EAST A DISTANCE OF 147.98 FEET; THENCE NORTH 49'38'29' EAST A DISTANCE OF 122.30 FEET; THENCE NORTH 16'29'31' EAST A DISTANCE OF 101.06 FEET) THENCE NORTH 11'20'17' WEST A DISTANCE OF 9.79 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF THE PELICAN BAY MAINTENANCE AREA AND THE POINT OF TERMINUS OF THE CENTERLINE HEREIN DESCRIBED. AND BEGINNING AT THE AFOREMENTIONED POINT 'C' SAID POINT BEING THE BEGINNING OF A 10.00 FEET WIDE UTILITY LICENSE LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS) THENCE NORTH 62.04'26' EAST A DISTANCE OF 154.57 FEET TO THE POINT OF TERMINUS OF THE CENTERLINE HEREIN DESCRIBED. AND BEGINNING AT THE AFOREMENTIONED POINT 'D' SAID POINT BEING THE BEGINNING OF A 10.00 FEET WIDE UTILITY LICENSE LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS] THENCE SOUTH 60'04'45' WEST A DISTANCE OF 153.76 FEET) THENCE NORTH 68'46'14' WEST A DISTANCE OF 208.35 FEET TO THE POINT OF TERMINUS OF THE CENTERLINE HEREIN DESCRIBED. CONTAINING TOTAL OF 18,407 SQUARE FEET MORE OR LESS; SUBJECT T LICENSES AND RESTRICTIONS OF RECORD. l AGNOLI, B 'B.R & BRUNDAGE, INC. 1A GUY P. AD' S!! P.S.M. 4390 1. DIMENSIONS ARE I FEET AND DECIMALS THEREOF. 5. BEARINGS ARE BASED ON PELICAN BAY UNIT 2 PLAT. 2. P.O.H. = POINT OF BEGINNING 6. P.B.I.D. = PELICAN BAY IMPROVEMENT DISTRICT 3. P.O.C. = POINT OF COMMENCEMENT 7. (P) = PLATTED 4. P.O.T. = POINT OF TERMINUS 8. REF, OR 3755, PG 2127 6-27-14 REVISED LICENSE SHEET 2 OF 2 for: prole' ro ect: PELICAN BAY SUMMIT BROADBAND-UTILITY LICENSE title: 'date: SKETCH AND DESCRIPTION OF UTILITY LICENSE FEB. 3,2014 mono scale: book: t mmm_A mums t GNOLI Certificate of Authorization Noe. LB 3684 and EB 3664 N.T.S. page: E mu�H• Fax: (239)588-2203 liii�i��._IARBER & project view: ••R• : • no.: Iasi • •UNDAGE, INC. 14-0011 Professional engineers, planners, & land surveyors acad: file no: Collier County: Suite 200, 7400 Tamiami Trail, North; Naples, FL 34108 (239)597-3111 11057-SD 11057 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#I through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 3. County Attorney Office County Attorney Office \ 4- 4. BCC Office Board of County `T-k / Commissioners � �`VA 5. Minutes and Records Clerk of Court's Office yho PRIMARY CONTACT INFORMATION l l Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff SUE JIM Z_IMME AN Phone Number 252-2622 Contact/ Department Agenda Date Item was JULY 8,2014 Agenda Item Number 16K7 • Approved by the BCC Type of Document FIRST AMENDMENT TO LICENSE Number of Original I V Attached AGREEMENT Documents Attached _ PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? SJZ 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A V. provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SJZ ✓ signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's ‘9t' A-1\ Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SJZ t/ document or the final negotiated contract date whichever is applicable. _ 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SJZ signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A ✓ should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on July 8,2014 (enter date)and all changes SJZ ✓ N 3 is tis made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1.15: 9. Initials of attorney verifying that the attached document is the version approved by the (1-, 1/.t lS BCC,all changes directed by the BCC have been made,and the document is ready for t Chairman's signature. til5xlia- 1: Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26 05,Revised 2.24.05;Revised 11/30/12 "- • Memorandum F O otkc. TO: Minutes & Records Management FROM: Sue Zimmerman Sr. Property Acquisition Specialist 7 Real Property Management DATE: July 8, 2014 RE: Summit Broadband License for parcel at Pelican Bay Utility Site Project No. 700462.9.2 Agenda Item 16K7, July 8, 2014 Item 16K7 was approved on the July 8, 2014 Agenda for approval of a First Amendment to License Agreement between the County and Summit Broadband Inc. Attached please find the original First Amendment with Summit Broadband's signature on a counterpart signature page. Please attest to the Chairman's signature on this document and then return a copy of the fully executed document to me via email. The original should be maintained by your office for safekeeping. Please contact me if you have any questions or comments at Extension 2622. Thank you.