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Agenda 01/26/2016 Item #16E 1 1/26/2016 16.E.1 . E~-- ~n~— I �T7\,,I-1\^ RT Rucomuouencaaaac to approve Firs: Amomdmnemrcm Ground Lcume /�grecmmco or Comm urtioation� Tower with Crown Castle Towers. 06-02 LLC and a Memorandum of Ground Lease Agreement for Communications Tower on behalf of Parks and Recreation/Public Services. OBJECTIVE: To redefine the leased area and revise several conditions contained in a previously- approved Ground Lease at the Max Hasse, Jr. Community Park. CONSIDERATION: The Board approved a Ground Lease Agreement for Communications Tower (Lease) on June 8, 2010, Item 16 D. 8., with New Cingular Wireless PCS, LLC, recently assigned to Crown Castle Towers 06-2 LLC (Tenant), in order to lease 075 square feet of vacant land for the installation of a 155' communications monopole(Monopole)at that location. The Lease requires the Tenant to remove an existing light pole in the outfield and replace it with the Monopole and then reinstall the County's lights. The Tenant also agreed to provide three locations to the County for its communications equipment and equipment shelter at no expense to the County. At this time,the Tenant has requested a smaller leased area, 750 square feet, also located in the same area as outlined in the original Lease. The Tenant will provide the County with two locations on the Monopole at no expense to the County, to which the County is agreeable as new communications technology no longer requires three locations. The height of the Monopole will remain at 155'above-grade. The Amendment also changes the mailing addresses for the parties involved. All other terms contained in the Lease shall remain in full force. The attached Memorandum is a short form of the Lease which outlines the major components of the Lease should the Tenant elect to record the Lease in the Public Records. FISCAL IMPACT: There is no fiscal impact associated with the Executive Summary. GROWTH MANAGEMENT: There is no Growth Management Impacts associated with this Executive Summary. lLKIGAy, CONSIDERATIONS: This item is approved as to form and |eg,ulity, and requires majority vote for approval.—JAB RECOMMENDATION: That the Board of County Commissioners approves the attached First Amendment to Ground Lease Agreement for Communications Tower and the Memorandum of Ground Lease Agreement for Communications Tower and authorizes the Chairman to execute same. PREPARED BY: Michael Dowling, Senior Property Management Specialist Division of Facilities Management Attachments: 1) First Amendment and Memorandum of Ground Lease Agreement for Communications Tower 2) Original Agreement Packet Page -852- 1/26/2016 16.E.1 , (-1)r 1, item lvumbe:r. .LE. ._.e. Item Summary: Recommendation to approve a First Amendment to Ground Lease Agreement for Communications Tower with Crown Castle Towers, 06-02 LLC and a Memorandum of Ground Lease Agreement for Communications Tower on behalf of Parks and Recreation/Public Services. Meeting Date: 1/26/2016 Prepared By Name: DowlingMichael Title: Property Management Specialist, Senior, Facilities Management 12/17/2015 2:46:35 PM Submitted by Title: Property Management Specialist, Senior, Facilities Management Name: DowlingMichael 12/17/2015 2:46:37 PM Approved By Name: pochopinpat Title: Operations Coordinator, Administrative Services Department Date: 12/18/2015 10:20:45 AM Name: Lino idiDennis Title: Division Director-Facilities Mgmt, Facilities Management Date: 12/18/2015 2:13:55 PM Name: MottToni Title: Manager-Property Acquisition &Const M,Facilities Management Date: 12/18/2015 2:56:04 PM Name: WilliamsBarry Title: Division Director-Parks &Recreation,Parks &Recreation Date: 12/22/2015 4:32:40 PM Packet Page-853- 1!26 2O1 i . T_). Name: PriceLen Title: Department Head-Administrative Svc, Administrative Services Department Date: 1/7/2016 5:22:46 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 1/8/2016 10:25:09 AM Name: WellsLaura Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 1/13/2016 3:24:51 PM Name: KlatzkowJeff Title: County Attorney, Date: 1/15/2016 11:37:05 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 1/15/2016 2:47:27 PM Packet Page-854- 1P6/701 6 16.`. . FUR COMMUNICATIONS TOWER. entered into this day of . 2015. at Naples. Collier County. Florida by and between Crown Castle Towers 06-2 LLC, a Delaware limited liability company and subsidiary of Crown Castle USA Inc.. whose principal mailing address is 2000 Corporate Drive, Canonsburg, Pennsylvania 15317, successor to New Cingular Wireless PCS, LLC, a Delaware limited liability company, hereinafter referred to as "LESSEE", and Collier County, a political subdivision of the State of Florida, whose mailing address is: in care of Real Property Management, 3333 East Tamiami Trail,Naples, Florida 34112, hereinafter referred to as "LESSOR". WITNESSET11 WHEREAS, New Cingular Wireless PCS. LLC, entered into a Ground Lease Agreement for Communications Tower ("Lease") on June 8, 2010 with LESSOR, which was assigned to Crown Castle Towers 06-2 LLC, a Delaware limited liability company and subsidiary of Crown Castle USA Inc... pursuant to that certain Membership Interest Assignment and Assumption Agreement dated December 16, 2013: WHEREAS.. the LESSEE and LESSOR are desirous of amending that Lease: and NOW, THEREFORE, in consideration of the covenants and agreements provided within the said Lease dated June 8, 2010, and Ten Dollars (510.00) and other valuable consideration, the Lease is hereby amended as follows: Lease i- hereby deleted in its entirety and the toilowing provision is substituted in its 1. Article 1 of the i � d place: ARTIC:I._E 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR a twenty-five (25) foot by thirty (30) foot section of property located at the Max Hasse Park in order to erect a free- standing flagless monopole communications tower to be no higher than one hundred and sixty feet above natural grade. at the base of the tower to the top of the tower. including any antennae mounted to the tower. along with related improvements, which will include ground equipment cabinet(s) (collectively. the "Tower"), which will be located at Max Hasse Park. 3396 Golden Gate Blvd. Naples. Florida. which is further described in Exhibit "A" and which is attached hereto and made a part of this Lease, hereinafter referred to as the "Demised Premises." situated in the County of Collier and the State of Florida. All improvements shall be approved by LESSOR applying, and subject to, the terms contained in Article 5 of the Lease. Subject to the terms and conditions listed in the Short Form Tower License Agreement attached hereto as Exhibit '`B". LESSEE shall provide LESSOR, without any rent cost to LESSOR, two (2) locations on the monopole at a height of one hundred fifty-five feet (155') and at a height of one hundred five feet (105') in order for LESSOR to operate any communications or surveillance equipment, now or in the future. as deemed necessary by LESSOR. LESSEE shall also provide to LESSOR, at no cost to LESSOR, a fenced area to accommodate an above-ground equipment cabinet and diesel generator Packet Page -855- /` j/2C s `6.`.'. . LESSEE shall be responsible for all costs associated with the maintenance and replacement of the Tower throughout the life of this Lease. Notwithstanding any provision in this Lease, including Article 7 and Article 17, upon the termination or expiration of the Lease. LESSOR shall direct LESSEE to remove the Tower and replace same with a light pole as originally placed upon the Demised Premises by LESSOR. LESSEE shall be required to obtain the required use permit(s) (conditional or otherwise) for constructing and operating the communications tower and the shelter(s) at the Demised Premises pursuant to those terms outlined in the Collier County Land Development Code and all applicable ordinances. LESSOR authorizes LESSEE to prepare, execute and file all required applications to obtain all required permits for Tenant's Permitted Use under this Agreement and agrees to reasonably assist Tenant with such applications and with obtaining and maintaining the Government Approvals. LESSEE understands and acknowledges that the communications tower may be used on the Demised Premises pursuant to Land Development Code (LDC) 2.03.05.A.4.a.; 2.03.05.A; 2.03.05.A.3: and 2.01.02.A.4,, which allows communications tower in the Public Use District (P) as an Essential Services because it is also being used for a government/public use. If. at any time after the initial ten (10) year term, as stated below in Article 2 of the Lease. LESSOR elects to remove its equipment from the tower. which is constructed by LESSEE, the use of the tower, under the aforementioned LDC sections. shall become a non-use for governmental:public purposes, and LESSOR shall advise LESSEE in writing of the non-use and termination of the Lease. and LESSEE shall be required to cease operations at the Demised Premises, and remove the tower at its sole cost and expense within 120 days of receiving notice of termination. LESSOR does not make any representations or warranties or permitted uses with respect to the Demised Premises to the LESSEE. The LESSEE accepts the Demised Premises in as is" condition and there shall be no abatement for detects in the Demised Premises or from violations of law with respect thereof and LESSEE shall not hold LESSOR liable for any defects in or defective conditions of the Demised Premises or to title thereto. LESSEE'S obliaation mo perform under this Agreement shall be s°abject to and conditioned upon: (a) LESSEE'S obtaining, at its option and cost. a survey, geotechnical report and analysis tests ssiiich must show no defects which. in the opinion of the LESSEE. may adversely affect LESSEE'S use of the Demised Premise,: (b) LESSEE'S approval of the condition of the Demised Premises. which may be subject to. at LESSEES option. an ens ironniental audit of the Premises performed by an environmental consulting firm of LESSEE'S choice: (c) LESSEE'S securing appropriate approvals for LESSEE'S intended use of its Tower on the Demised Premises front the Federal Communications Commission, the Federal Aviation Administrator, and any other federal, state or local regulatory agency having jurisdiction over LESSEES proposed use of the Tower: and B22s5'.12_. Packet Page -856- 1/26/2016 16.E.1 . O :i?__.', .. r;i:7i,]C. tl;G va._ __ .n., n...._Lio. (e) LESSEE shall inform Lessor, in writing_ regarding the title report. geotechnical report and analysis. environmental audit. and obtaining required government approvals. LESSOR hereby grants to LESSEE a non-exclusive access easement throughout the life of this Lease for free ingress and egress and for the installation and transmission of utilities on the Demised Premises seven(7) days a week, twenty-four (24) hours a day. No above-ground structures shall be constructed in the access easement or outside of the Demised Premises. Said easement area is shown on Exhibit"A." LESSEE is permitted to sublease any other available space on the tower, if the tower is deemed worthy of additional equipment. to other wireless carriers. LESSEE shall provide the LESSOR with an air-conditioned equipment shelter. power connections. free monthly electricity and back-up power at no cost to LESSOR. LESSORS equipment shall be located outside of the Demised Premises in a location reasonably close to the tower. LESSOR shall not be responsible for any cost for any improvements or utilities made to or provided to the tower, or to the Demised Premises, or the equipment shelter. LESSOR shall be solely responsible for any costs for its equipment and installation of its equipment. 2 ARTICLE 13 of the Lease is hereby deleted in its entirety and the following provision is substituted in its place: ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to wive to the other party shall be in writing delivered to the other party at the following addresses, or changes thereto which have been notified to the other party: LESSEE: Manager Tower Development Implementation Crown Castle Towers 06-2 LLC 2000 Corporate Drive Canonsbur g Penns\l\ania 15317 LESSOR: Board of County Commissioners c!o Real Property.Management 3335 East Tamiami Trail Naples, Florida 34112 3. Except as expressly provided herein, the Lease remains in full force and effect according to the terms and conditions contained therein. and said terms a conditions are applicable hereto except as expressly provided otherwise herein. ;1322851 L"2; 3 Packet Page -857- 1/761201 IN liNESS WHEREOF. the LESSEE and LESSOR have hereto eNecutea Int., Mrs', Amendment to Ground lease A aireement for Communications Tower the day and year first above written. AS TO THE LESSEE: DATED: By: / Witness (sip ture) BMAN GLIVIC Manager Tower Development implementation (print name) / Witness(sittnature) A f• -'-) tf? (print name) AS TO THE LESSOR: DATED: BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA ATTEST: DWIGH F E. BROCK, Clerk TIM NANCE. Chairman By: . Deputy Clerk Approved as to form and legal it : C.) Jennifer A. Belpedio k 6\\ s4. Assistant County Attorney \10 4 Packet Page -858- 1/96/2016 16.E,1 . {See attached (B22g51122 5 Packet Page-859- ( 1/26/2316 16.E 1 , - l'eil _ E I ,-, .\ = z I I 4 uicf.. = 2 r It 0 P ! j ,...,(f) 0 I Is 1"g P 4.-,`,'"„ ,:E k I 5 f! \\V d LT›- ,-2,-,Etr ,,,,i.:: n: -- ,,,t.- , ...-,..:,.., .5...t. 6 Ong E , ''' P-: i, .` ' r- , V.: —-7= ■.---; r.,...,[,li c, 7-",.,-; ii - ' Ri„qi ' : :-'.1 , 7:' r "v0e ,, .1:"'',.-:, ___INfiriwir9;,IL ,.;:,„ \,„!--- I — _ I — 1 E 1 ■ I 4 P Y i 1 ; /2 / El p ill h i 1 ! §a 6 ---- E -&- L _ _ J r - - 1 -----2------1-1----- ---- . _ „,,,___ ,._„ ,,, fr IF----W----8.— ----ir--er \ ___--------- I- , ....,_ I I I li r b. z ..„ ki r 1 1 1 n h ra 1 1 1 It iv° ti 1 1 I i I 1 I I! 1 1 I ks 1 I - I 1 I 4 ErR II .V 1 i i II 1 1 1\ t '7. I r 1 t 4t, k 1 4 I It\It I I 9"Z 1 I 11 I I 1 ._._ 1\ J L L — – – – lb 1 I h (2_) 71 z , 4, h i I N /// / ---'„—w,1-- ; , ----- z , -,-..,., 1 , ,i 1 , . ,,,,---- ,,-,,• 1 a i g 4 FE b 1 tailp , !O I I i g i iP VIP! V „NJ , • v Pelill! St-10. Z. 5■411.71:0 ---N, 10414. i lillill a. j Z 0 -- ii:i; •!tfg ley 2 IhRIWVil F) b Ld tlt; C/3 LY '.. / Packet Page -860- a. 1/96/201P, See attached; ;B:25112: 6 Packet Page -861- 1/26/2016 16.E.€ . Licens iderltiii: SHORT y'fOR\1 TOCl';R I_!c!.' SE REEMI\J (for-installation and operation of equipment by the landlord or lessor under the Prime Lease THIS SHORT FORM TOWER LICENSE AGREEMENT (this "Agreement") is entered into as of this day of ,20 (the "Effective Date"),between Please pick from the list of Crown Operating Entities, Location-CORPORATE LICENSING/REFERENCE - Licensing/01 - COMPLETING A STANDARD SUPPLEMENTAL LEASE -- LICENSE AGREEMENT - SLA a Delaware limited liability company ,[Note - in the case of Crown Communication LLC add one of the following "(Crown Communication Inc., a Delaware corporation, was converted pursuant to Delaware law to Crown Communication LLC, effective December 31, 2010)" OR "(Crown Communication Inc., a Delaware corporation, formerly known in the state of[insert appropriate state of California, Florida, Illinois, Indiana, New Jersey, New Mexico, Oklahoma, Texas or Washington] as [insert old d/b/a name], was converted pursuant to Delaware law to Crown Communication LLC, effective December 31, 2010)"; in the case of Crown Castle South LLC add the following: "(Crown Castle South Inc..a Delaware corporation, was converted pursuant to Delaware law to Crown Castle South LLC, a Delaware limited liability company, effective December 31. 2001)"] with its principal place of business at 2000 Corporate Drive, Canonsburg, Washington County, Pennsylvania 15317 ("Licensor"), and • an ,with its principal place of business at , County, ("Licensee'). In consideration of the mutual cos enants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby,the parties hereto agree as follows: 1. DEFINITIONS The following terms as used in this Agreement are defined as follows: "Acquiring Party" Any person acquiring title to Licensors interest in the real property of which the Site forms a part through a Conveyance. "AM Detunina Study" A study to determine whether measures must be taken to avoid disturbance of an AM radio station signal pattern.as described in Section 2.3 below. "Closeout Documentation" As-built drawings and other installation documentation required by Licensor,as described in Section 2.6 below. "Conveyance" Including, without limitation, any exercise by a Lender of its rights under the Security Instrument, including a foreclosure. sheriffs or trustee's sale under the power of sale contained in the Security Instrument. the Termination of any superior lease of the Site and ans' other transfer,sale or conveyance of the Lc t is interest I. the property of which the Site forms a part under peril of foreclosure or similar remedy. includin withem limitation to the generality of the fore wing, an assignment or sale in lieu of foreclosure or similar remedy. "Equipment" Licensee's communications equipment including. but not limited to Licensee's antennas, cables. connectors. wires. radios. radio shelter or cabinet. and related transmission and reception hardware and software,and other personal property. "FCC" The Federal Communications Commission. Prepared by: Prepared on: 1 CROWN CASTLE STANDARD FORM TLA 2-12-07 Version: 2.7.11 Packet Page -862- 1 126/20 16 16.E.i . Customer Site Name: Crown Site same: .11F i11 ISU s:ne ti E:: • iitermountatior `_Stun:" ..iL neleentiOL '1 z1:-. as deescrincd in SCCtuon_. , p;lOw. "Intermodulation Study Fee" The fee payable by Licensee to Licensor to defray Licensor's costs incurred in preparing or obtaining an Intermodulation Study. The amount of the Fee shall be reasonably commensurate with the scope and complexity of the subject Intermodulation Study. "Lender" Any and all lenders,creditors,indenture trustees and similar parties. "Licensed Space" That portion of the Site which is licensed to Licensee hereunder. "Licensee" The party named as "Licensee" in the first paragraph hereof and its successors in interest. "Licensor" The party named as "Licensor" in the first paragraph hereof and its successors in interest. • "Modification" (i) Any modification to the Equipment as specified herein or an approved Site Engineering Application: ('ii)any alterations in the frequency ranges or FCC licensed allocation or power levels specified in the approved Site Engineering Application; (iii) any change in Licensee's technology protocol (e.g., GSM, CDMA. TDMA, iDEN, etc.); (iv) any addition of Equipment or occupation of additional space, or relocation of Equipment on the tower or on the ground. or relocation of ground space or equipment shelter space: or (v) any repair to the Equipment that affects tower loading capacity. "Modification Application Fee" The fee payable by Licensee to Licensor in the amount of Dollars (S ) to defray Licensors costs incurred in evaluating a Site Engineering Application. -Prime Lease" The lease;si. subiease(si or other prior agreementtst Or instrument(s)(e.g., deed) from which Licensor derives its rights in the Site and/or which contain(s)restrictions on use of the Site,as described in Article S below. "RF" Radio frequency. "Security Instrument" Any and all mortgages. deeds of trust or other deeds. and any similar security agreements that encumber the Site to secure the debt of Licensor. `Site" The property referred to in Section 2.1 below_ which is owned. leased. or otherwise controlled bs Licensor and which contains the Licensed Space. "Site .Application Fee" The fee paid by Licensee to Licensor to evaluate a Site Engineering Application to determine whether the tow=er and Site have sufficient capacity to accommodate the Equipment. "Site Engineering application" The application form (as may be amended by Licensor from time to time), which shall he submitted to Licensor by Licensee when Licensee desires to apply for a license to install or make a Modification to Equipment. The approved Site Engineering Application is attached to.and incorporated into.this Agreement as part of Exhibit B. Prepared by: Prepared on: 2 CROWN CASTLE STANDARD FORM"I'LL.2-12-07 Packet Page -863- 1/76/7016 16._. 1 . Customer Site 'a ni Crown Site Name. us r,rnE. ufnh �, silo Business _.l iTi.7il C.. "Site Rules" The"Site Rules-or its successor. issued bs Licensor from time to time,as described in Section 2.2 below. "Structural Analysis" An engineering analysis performed to determine whether the physical and structural capacity of the tower are sufficient to accommodate the proposed Equipment. which '] analysis takes into consideration factors such as weight, wind loading and physical space req uirenients. "Structural Analysis Fee" The fee payable by Licensee to Licensor in the amount of Dollars(S )to defray Licensor's costs incurred with respect to its performance of a Structural Analysis. "Subsequent Use" Any installation or modification to Licensor's or another user's equipment subsequent to the installation or modification of the Equipment as described in Section 6.1 below. "Term" The term of this Agreement.as set forth in Article 4 below. "Term Commencement Date" The date on which this Agreement is fully executed by the parties hereto. "Tower Level Drawing" The tower level drawing referred to in Section 2.2 below, a copy of which is attached hereto as part of Exhibit B. "Work" The installation of Equipment or construction of an approved Modification to Equipment at the Site.as set forth in Section 2.5 below. 2. SITE. LICENSE. EQUIPMENT.LICENSED SPACE.APPLICATION FOR MODIFICATIONS. CONDITIONS PRECEDENT 2 The Site. The Site consists of that certain parcel of property. located in the [Municipality} of ,the County of .and the State of ,which is described in Exhibit A hereto. 2.2 License to Install, Operate and Maintain the Equipment. Licensor hereby grants a license to Licensee to install. operate and maintain the tent at the Site within the Licensed S as such Equipment o., „ .,:, Equipment pace, s tic and Licensed Space is described in. and subject to. the approved Site Engineering Application and Tower Level Drawing attached hereto as Exhibit B and as shown in the Site Plan attached hereto as Exhibit C. Such license is subject to the Site Rules and is restricted exclusively to the installation. operation and maintenance of antennas and equipment consistent with the specifications and in the locations identified in Exhibit B and Exhibit C. If Licensee fails to install the total number of permitted antennas and transmission lines as described in Exhibit B and Exhibit C thin one hundred eithts f I SO)day s of commencement of its initial installation of Equipment.the right to install any such antennas and lines not installed shall be deemed waived, wish no reduction of the Basic Payment. No capacity or rights will be reserved for future installation of such Equipment after such one hundred eighty (180) day period. 2.3 Application for Modifications. Licensee shall apply to make Modifications by submitting a Site Engineering Application to Licensor together with payment of the Modification Application tee. A Structural Analysis, AM Detuning Study or an Intermodulation Study may be required by Licensor in connection with a proposed Modification, and Licensee will be liable for the cost thereof. Any approved Modification shall be Prepared by: Prepared on: 3 CROWN CASTLE STANDARD FORM TLA 2-12-07 Packet Page -864- 1/7619016 16.E.1 customer Site Name: Crown Site Name: tirririf,i I Q rte_. ionaition<_ E'receuert .. instabatror of c:quiumen, Alodification sonis i ,tirdin,_ arrvthim to the contrary herein. the parties agree that Licensee's right to install Equipment or make a Modification to Equipment at the Site shall not commence until the following conditions are satisfied: (it Licensor has received any written consent required under the Prime Lease to allow Licensor to license the Licensed Space to Licensee: (ii)a Site Engineering Application has been approved by Licensor;(iii)the Site Application Fee, Structural Analysis Fee,Intermodulation Study Fee and fee for AM Detuning Study (if any)have been paid;(iv) Licensee has received all required permits (if any)for its installation of,or Modification to,the Equipment and all required regulatory or governmental approvals of Licensee's proposed use of the Site, and Licensor has received, reviewed, and accepted copies of such required permits (if any) and such required regulatory or governmental approvals; and (v)Licensor has received a waiver of any applicable rights of first refusal in and to the space or Licensed Space that Licensee identifies in the Site Engineering Application. Upon satisfaction of all conditions precedent,Licensor shall provide written notice to Licensee to confirm said satisfaction. 2.5 Performance of Work. Licensee may engage Licensor to install Licensee's Equipment, and to make approved Modifications to Licensee's Equipment pursuant to this Article 2(the"Work"),upon terms mutually agreed upon by the parties in writing; provided. however, in the event that Licensee does not engage Licensor to perform the Work. Licensee shall(i)only engage a vendor approved by Licensor to perform the Work and (ii)pay to Licensor Dollars(S )upon completion of the Work for the purpose of defraying the cost associated with Licensor's inspection of the Work. Notwithstanding Licensor's inspection of any Work not performed by Licensor, Licensor shall in no way be liable for any defect in the Work or any of the materials used; and Licensee shall not rely on Licensor's inspection of the Work as confirmation that no defects exist. .All Work shall be performed in accordance with the standards set forth in the Site Rules. 2.6 Closeout Documentation. In the event that Licensee engages Licensor to perform any Work for Licensee, Licensor shall provide to Licensee all Closeout Documentation within forty-five(45) days of completion of the Work. In the event that Licensee does not engage Licensor to perform any Work for Licensee and Licensee engages a vendor approved L's Licensor to perform the Work in accordance with Section 2.5, Licensee shall provide to Licensor all Closeout Documentation within fore-five (45) days of completion of the Work: provided, however, in the event that Licensee fails to provide to Licensor said Closeout Documentation within said forty-five (45) day period. Licensee shall pay to Licensor Dollars (Si ) for the purpose of defraying Licensors costs associated with preparation of the Closeout Documentation required hereunder. 3. ACCESS. LSE OF SITE :\cress to Site. Licensor hereby grants to Licensee a non-exclusive license for pedestrian and vehicular ingress to and egress from the Site over the designated access area to the Site as described in Exhibit A. on a 24 hour per day. 7 day per week basis. subject, however. to any restrictions in the Prime Lease or any underlying easement. for the purposes of maintaining. operating and repairing the Equipment,together with license to maintain, operate and repair utility lines, ~tires, cables, pipes, lines. or any other means of providing utility service. including electric and telephone service. to the Licensed Space. Licensor shall have no duty to remove snow or otherwise maintain the access area. 3.2 Authorized Persons; Safety of Personnel. Licensee's right of access shall he limited to authorized employees, contractors or subcontractors of Licensee.or persons under their direct supervision. Licensee shall not allow any person to climb a tower without ensuring that such person works for a vendor approved by Licensor for the subject work. 3.3 Notice to District Manager. Licensee agrees to provide Licensor's designated District Manager (or other designated person)prior notice of any access to be made by Licensee to the Site, except in the event of an Prepared by: Prepared on: 4 CROWN CASTLE STANDARD FORM TLA 2-12-07 Packet Page -865- 112612016 16.E 1 [,stomcsite Name: Cr""r Site �umc ',umr: rDE ��oocs� bnic th; nut-noses hcrce . a: 3.4 Licensee's Use of the She. Licensee shall use the Licensed Space at the Site to install. operate and maintain only the Equipment and /hu|l transmit and receive only within the FCC licensed frequency ranges and at the power levels specified herein. 3.5 Permits,Authorizations and Licenses. Licensee shall be solely responsible for obtaining;at its own rxpunac, all p*ruts, authorizations and licenses associated with its occupancy of Licensed Space at the Site and utilization of Equipment thereon and shall promptly provide copies thereof to Licensor. 3.6 Zoning Approval. Licensee must provide Licensor with copies of any zoning application or amendment that Licensee submits to the applicable zoninamuthodty in relation to its installation or modification of Equipment at the Site, at least seventy-two (72) hours prior to submission to the applicable zoning authority. Licensor reserves the right to (i) require that it be named as co-applicant on any such zoning application or amendment uodmr(ii) require revisions to any such zoning application or amendment. Licensor also reserves the right, prior to any decision by the applicable zoning ^uzbuh/y, to approve or reject any conditions of approval, limitations or other obligations that would apply to the owner of the Site or property. or any existing or future Site licensee, as a condition of such zoning authority's approval; provided, however, Licensor shall not unreasonably withhold or delay approval of any such conditions of approval. limitations or other obligations. Licensee agrees that any Modification,or change in use of the Licensed Space.as approved herein,requires an amendment hereto which may entitle Licensor to compensation. Licensee shall he solely responsible for all costs and expenses associated with (i) any zoning application or amendment submitted by Licensee, (ii) making any improvements or performing any other obligations required as a condition of approval with respect to same and(iii)any other related expenses. 3.7 Utilities. Licensee shah pay for all c|rcoici/I and other utilities it uses. If separate metering is unavailable,Licensee shall pa\ a share of such costs as allocated h Licensor. 4. TERM The term of this Agreement shall commence on the Term Commencement Date and continue until the earlier of the expiration or termination of the Prime Lruseuhv-Teru,l. 5. PAYMENTS Any payments due hereunder shall be made by check payable to Please pick from the list of Crown Opel-atilt,' Entities, pO Box 1V]l17,Houston. TX 77116'3117. Licensee shall include the JnF Business Unit No. on or ss ith each payment. 6. INTERFERENCE 6.1 Interference to Licensee's Operations. Licensor agrees that neither Licensor nor Licensor's other users of the Site or propert adjacent to the Site controlled or owned by Licensor. whose equipment is installed or modified subsequently to Licensee's Equipment (-Subsequent Use-I, shall permit their equipment to interfere with Li�enoec'^ permitted tra'rsmis ions or reception, in the c cot that Licensee experiences RI interference caused by such Subsequent Use. Licensee shall notify Licensor in writing of such RF interference and Licensor shall cause the party ‘vhnsc Subsequent Use is causing said RE' interference to reduce posser and or cease operations in order to correct and eliminate such RE interference ss ithin ses enry-t\vo C2 hours after Licensor's receipt of such notice, In the event I icensor is notified of any RF interference experienced by Licensee alleged to he caused by a Subsequent Use,the entity responsible for the Subsequent Lse shall he obligated to perform(or cause to he performed)sshaiever actions are commercially reasonable and necessary at no cost or expense to Licensee to eliminate such RF Prepared rcp^,r y: Prepared on: 5 ' CROWN CASTLE STANDARD FORM TLA 2-12-07 Packet Page-866- 1/26/7016 1 6. . Customer Site Name: ustomer Sire Name: tc .. f ust es, `'nit.. oricratior . . ..1 7;i v,.•Mu receipt co a notice of st . t .= Interference by Licensee. yotwithstancine am prior approval h■ Licensor of Licensee': Equipment. Licensee aurees that it will not alloys its Equipment to cause RF interference to Licensor and/or other pre-existing uses of users of the Site in excess of levels permitted by the FCC. If Licensee is notified in writing that its operations are causing such RF interference,Licensee will immediately take all necessary steps to determine the cause of and eliminate such RF interference. If the interference continues for a period in excess of seventy-two(72) hours following such notification, Licensor shall have the right to require Licensee to reduce power and/or cease operations until such time as Licensee can make repairs to the interfering Equipment. In the event that Licensee fails to promptly take such action as agreed, then Licensor shall have the right to terminate the operation of the Equipment causing such RF interference,at Licensee's cost,and without liability to Licensor for any inconvenience, disturbance, loss of business or other damage to Licensee as the result of such actions. Licensee shall indemnify and hold Licensor and its subsidiaries and affiliates harmless from all costs, expenses,damages,claims and liability that result from RE interference caused by Licensee's Equipment. 7. RELOCATION OF EQUIPMENT BY LICENSOR Licensor shall have the right to change the location of the Equipment(including re-location of Equipment on the tower to an elevation used by other licensees) upon sixty (60)days written notice to Licensee. provided that said change does not. when complete. materially alter the signal pattern of the Equipment existing prior to the change. Any such relocation shall be performed at Licensor's expense and with reasonably minimal disruption to Licensee's operations and shall be evidenced by an amendment to this Agreement. 8. RF EXPOSURE Licensee agrees to reduce power or suspend operation of its Equipment if necessary and upon reasonable notice to prevent exposure of svorkers or the public to RF radiation in excess of the then-existing regulatory standards. 9. LIENS Licensee shall keep the Licensed Space, the Site and any interest it or Licensor has therein free from any liens arising from any work performed. materials furnished or obligations incurred by or at the request of Licensee, including any mortgages or other financing obligations, and shall discharge any such lien filed, in a manner satisfactory to Licensor,within thirty (30)days after Licensee receives written notice from any party that the lien has been filed. 10. MUTUAL INDEMNIFICATION Each party shall indemmifv. defend and hold the other party, its affiliates. subsidiaries. directors. officers. employees and contractors harmless from and against any claim, action, damages. liability, loss, cost or expense (including reasonable attorney's fees). resulting from or arising out of the indemnifying party's and'or any of its contractors'.subcontractors servants',,agents' or invitees' use or occupancy of the Site. 11. INSURANCE Licensee shall carry public liability insurance covering its use of the Site with companies and in a form satisfactory to Licensor. The policy shall name Licensee as insured and Licensor as an additional insured. The policy shall bear endorsements to the effect that the insurer agrees to notify Licensor not less than thirty(30)days in advance of any modification or cancellation thereof. At a minimum, Licensee and all parties accessing the Site for Prepared by: Prepared on: 6 CROWN CASTLE STANDARD FORM TLA 2-12-07 Packet Page -867- 1126/201 6 1 6.E. . t<,nt,., 4-cute° Crown Site Name: tun(:nte- Finsiness • ormrencrisive personal 1(1.1117,. N, to-a o: care .n.:cn.noer', cunir cto:. ::1 and products:c tnpietec operations v.itl, limit no: its: than ✓2.000.000 ucr occurr.:nce: (iii)Automobile liability with limits not less than 51.000.000 per occurrence: and (iv) Fire and extended coverage insurance on all of Licensee's improvements at the Site including all of Licensee's Equipment and other personal property at the Site. The amount of the insurance limits identified above shall be increased on every fifth (5th) anniversary of the date of this ,Agreement by twenty-five percent(25%) over the amount of the insurance limits for the immediately preceding five (5) year period. All insurers will be rated A.M. Best A-(FSC VIII) or better and must be licensed to do business in the jurisdiction where the Site is located. The insurance requirements in this Agreement shall not be construed to limit or otherwise affect the liability of Licensee. All policies required to be provided pursuant to this Article 11 shall contain a waiver of subrogation in favor of Licensor. Licensee shall provide certificates evidencing said coverage to Licensor upon execution hereof. Licensee shall provide a copy of said policies to Licensor upon request. 12. CASUALTY OR CONDEMNATION 12.1 Casualty. In the event that the Site.or any part thereof, is damaged by fire or other casualty not caused by Licensee, Licensor shall have ninety (90) days from the date of damage, if the damage is less than total destruction of the Site, in which to make repairs. and one hundred and eighty(1 S0)days from date of destruction, if the Site (including the tower structure) is destroyed, in which to replace the destroyed portion of the Site. If Licensor fails for any reason to make such repair or restoration within the stipulated period and the damage or destruction effectively precludes Licensee's use of the Site as authorized under this Agreement, then either party may, at its option, terminate this ,Agreement without further liability of the parties, as of the date of partial or complete destruction, if: for any reason whatsoever, Licensee's use of the Site is interrupted due to casualty. Licensee's sole remedy shall be the aforementioned right to terminate this Agreement. Except with regard to repair of the Site as stated in this Section 12,1. Licensor shall not be responsible for any damage caused by vandalism or acts of God. In no event shall Licensor be liable to Licensee for damage to the Equipment or interruption or termination of Licensee's operations caused by forces majeure or acts of God. 12.2 Condemnation. If any part of the Site shall be aken under the power of eminent domain. Licensor and Licensee shall be entitled to assert their respective claims in accordance with applicable state law. 13. DEFAULT.T. REMEDIES.WAIVER OF CONSEQUENTIAL DAMAGES Either of the following shall constitute an event of default hereunder:(i) Licensee's failure to either pay any amount due hereunder within ten ('10) days of written notice from Licensor that said payment is delinquent: or (ii) either party's failure to cure any breach of any covenant of such party(not related to timeliness of payments) herein within thirty(30)days of written notice from the non-breaching party of said breach: pros ided.however, such thirty (30) day cure period shall he extended upon the breaching party's request if deemed by the non-breaching party to be reasonably necessary to permit the breaching party to complete the cure. and further provided that the breaching parry- shall commence any cure w=ithin the thirty (30) day period and thereafter continuously and diligently pursue and complete such cure. .',ll delinquent amounts shall bear interest at the lesser of one and one-half percent(I °o) pc: mo th, or the maximum amount permitted by law. Except as otherwise provided in this Agreement, neither parr) shall he liable to the ether for consequential, indirect,special, punitive or exemplar) damages for any cause of action whether in contract.tort or otherwise. hereunder. 14. USE OF HAZARDOUS CHEMICALS Licensee must inform Licensor if it will house batteries or fuel tanks at the Site. The use of any other hazardous chemicals at the Site requires Licensee's prior written approval. Licensee agrees to provide to Licensor no later than each January 15th,an annual inventors of its hazardous chemicals at the Site. Prepared by: Prepared on: CROWN CASTLE STANDARD FORM TLA 2-12-07 Packet Page -868- 1/767901 e — I Customer Site\ame: C:rown Site Name: u.,_. . �: 00nf1;C: . - ;EV . ni 1. _ ._. �.... Agreement. and am dispute related to this Agreement snail he resolved M arbitration or (nigation in said state. 1 1 16. ASSIGNMENT.SUBLEASE.SHARING This Agreement may not be sold,assigned or transferred,in whole or in part.by Licensee without the prior written approval or consent of Licensor, which consent may be withheld at Licensor's sole discretion. Any such assignment shall be evidenced by a form provided by Licensor and executed by Licensor,Licensee and the assignee. Licensee shall not sublease or license its interest in this Agreement, either directly or through subsidiaries or affiliated entities. Licensee shall not share the use of its Equipment with any third party. 17. NOTICES All notices hereunder shall be in writing and shall be given by (i) established express delivery service which maintains delivery records, (ii) hand delivery or (iii) certified or registered mail, postage prepaid, return receipt requested. Notices may also be given by facsimile transmission,provided the notice is concurrently given by one of the above methods. Notices are effective upon receipt.or upon attempted delivery if delivery is refused or if delivery is impossible.The notices shall be sent to the parties at the following addresses: As to Licensee: Telephone Number: Facsimile Number: As to Licensor: Please pick from the list of Cron Operating Entities 2000 Corporate Drive Canonsburg. PA 15317 Attention: Legal Department Telephone Number (724)416-2000) Facsimile Number: (724)416-2353 Licensor or Licensee may from time to time designate any other address for this purpose by giving written notice to the other party. 18. PRIME LEASE AGREEMENT Licensor and Licensee acknowledge that Licensee's nsee's use of the Site is subject and subordinate to the Prime Lease. :A redacted copy of the Prime Lease is attached as Exhibit D hereto. Licensee agrees to be hound by and to perform all of the duti:s and responsibilities required of the lessee. grantee or licensee as set forth in the Prime Lease to the extent they are applicable to the aecLss to and use of the Site. 19. TERMINATION 19.1 Withdrawal or Termination of Approval or Permit. to the event any previously approved zoning or other permit of a Government Entity affecting the use of the Site as a communications facility is withdrawn or terminated, this Agreement shall be deemed to have been terminated effective as of the date of the termination of the permit or approval. Prepared by: Prepared on: 8 CROWN CASTLE STANDARD FORM TLA 2-12-07 Packet Page -869- 1/26/7016 1 6.E.1 . customer Site \dame: Crown Site 's:ame: sittnse- : a, n 7L Business v,i,tes 2C. NO \\ .i.I\'Eit No provision of this Agreement will he deemed to have been waived by either party unless the waiver is in writing and signed by the party against whom enforcement is attempted. 21. NON-DISCLOSURE The parties agree that except to the extent required by law,without the express written consent of the other party, neither party shall reveal, disclose or publish to any third party the terms of this Agreement or any portion thereof. except to such party's auditor, accountant, lender or attorney or to a Government Entity if required by regulation, subpoena or government order to do so. Notwithstanding the foregoing. either party may disclose the terms of this Agreement to any of its affiliated entities, and Licensor may disclose the terms of this Agreement to any of its lenders or creditors or to third parties that are existing or potential lessees or licensees of space at the Site as may he reasonably necessary with respect to the operation. leasing, licensing and marketing of the Site, including. without limitation, terms relating to Licensee's permitted frequencies for the purposes of RF compliance tests and terms relating to Licensee's Equipment installed, or to be installed. on the tower for the purposes of structural analysis. 22. SI_'BORDINATION.NON-DISTLI RBA\CE,ATTORNMENT 22.1 Subordination. Subject to Section 22.2.this Agreement and Licensee's rights hereunder are and will be subject and subordinate in all respects to: (i) the Security Instrument from Licensor in favor of Lender insofar as the Security= Instrument affects the property of which the Site forms a part; (ii) any and all advances to be made thereunder; and tiii) any and all renewals. extensions, modifications. consolidations and replacements thereof Said subordination is made with the same force and effect as if the Security Instrument had been executed prior to the execution of this Agreement. 222 Non-Disturbance. The subordination described in Section 22.1 is conditioned upon the agreement by Lender that,so long as this Agreement is in full force and effect and Licensee is not in material default (beyond applicable notice and cure periods i hereunder. Lender. for itself and on behalf of its successors in interest. and for any Acquiring Pam' agrees that the right of possession of the Site and all other rights of Licensee pursuant to the terms of this Agreement shall remain in full force and effect and shall not be affected or disturbed by Lender in the exercise of its rights under the Security Instrument. 22.3 Liabilit'.of Parties Licensee and Licensor agree tit that an conveyance shall be made subject to this Agreement and the rights of Licensee hereunder arid (ii)that the parties shall be bound to one another and have the same remedies against one another for any breach of this Agreement as Licensee and Licensor had before such Conveyance: provided. however_ that I..ender or any Acquiring Pam' shall not be liable for any act or omission of Licensor or any other predecessor-in-interest to Lender or any Acquiring Party. Licensee agrees that Lender may join Licensee is a party in any action or proceeding to foreclose.provided that such joinder is necessary to foreclose on the _c_0u instrument and not. the purpose of terminating Los Aereemeat. Attornment. Licensee a_ ees that. upon receipt by Licensee of notice to attorn from Lender or any Acquiring Parity. along with reasonable supporting documentation. (i) Licensee shall not seek to terminate this Agreement and shall remain hound under this Agreement, and tilt Licensee shall attorn to. accept and recognize Lender or any Acquiring Party as the licensor or lessor hereunder pursuant to the provisions expressly set forth herein for the then remaining balance of the Term of this Agreement and any extensions or expansions thereof as made pursuant hereto. Licensee agrees, however, to execute and deliver, at any time and from time to time, upon Prepared by: Prepared on: 9 CROWN CASTLE STANDARD FORM TLA 2-12-07 Packet Page -870- 1/26/9016 16. custorne7-Site 7\ Crown Site Name: [Renlainder of Pan 1nini ional Prepared by: Prepared on: 10 CROWN CASTLE STANDARD FORM TLA 2-12-07 Packet Page -871- 1P6/7016 Customer Stir \:nw Cro r. `it( 7‘°.::n1C: r -. Licensor Please pick from the list of Crown Operating Entities By: Date: Print Name: Title: Area: Licensee [INSERT NAME OF LICENSEE] By: Date: Print Name: Title: I l I � Prepared by: Prepared on: I1 CROWN CASTLE STANDARD FOR\1 TEA 2-12-07 Packet Page -872- ,126/2016 16. Customer Site Name: Crown Site Name: ■inscr, and bound,ds:riptir c Sue and dec.:as: area nerd Prepared by: Prepared on: CROWN CASTLE STANDARD FORM TLA 2-12-07 Packet Page -873- 1/26/2016 16.E.1 Customer Site Niime: Crovip ii' \arne en, Lusinesi !nit: (insert approved Site Engineerin2 Application and CAD-generated Tower Level Drawine describing the antenna(s)on the tosser structure and all other Equipment. including their locations,here) Prepared by: Prepared on: 13 CROWN CASTLE STANDARD FORM TLA 2-12-07 Packet Page -874- 1/26/2016 Customer Site Name: Cron%n Site Name: OTHER I - 1 ALL A i10 I I Hi S (insert equipment cabinet and generator(if any)location here) l II Prepared by: Prepared on: 14 CROWN CASTLE STANDARD FORM TLA 2-12-07 Packet Page -875- 1/26/7016 ustonter Snit, \arm:: C rors n Sh Nmi : Eiusines nr, t insert a com of the ground lease here Prepared by: Prepared on: 15 CROWN CASTLE STANDARD FORM TLA 2-12-07 Packet Page -876- Babst. Caliand- Clement::and Lomnir. I vc(,Gateia∎ C em:21. _` Flov.. Pittsburgh,PA 15222 (412)394-5400 MEMORANDUM OF GROUND LEASE AGREEMENT FOR COMMUNICATIONS TOWER [Pine Ridge II] THIS MEMORANDUM OF GROUND LEASE AGREEMENT FOR COMMUNICATIONS TOWER (this "Memorandum") is entered into on this day of . 2015, by and between Crown Castle Towers 06-2 LLC, a Delaware limited liability company and subsidiary of Crown Castle USA Inc., whose principal mailing address is 2000 Corporate Drive, Canonsburg, Pennsylvania 15317, successor to New Cingular Wireless PCS, LLC, a Delaware limited liability company ("Lessee"), and Collier County, a political subdivision of the State of Florida, whose mailing address is: in care of Real Property Management, 3335 East Tamiami Trail,Naples, Florida 34112 ("Lessor"). Lessor and Lessee may hereafter be referred to as a"Party" and, collectively, as the "Parties". WITNESSETH: WHEREAS. New Cineular Wireless PCS. LLC and Lessor entered into that certain Ground Lease Agreement for Communications Tower dated the 8th day of June. 2010; and WHEREAS, Lessee and Lessor subsequently entered into that certain First Amendment to Ground Lease Agreement for Communications Tower dated the day of 2015, (Ground Lease Agreement for Communications Tower and First Amendment to Ground Lease Agreement for Communications Tower will hereinafter be collectively refered to as the 'Lease Agreement"): and WHEREAS. pursuant to the Lease Agreement. Lessor leased to Lessee. and granted to Lessee certain access and utility easements over. under. and upon. a portion of Lessor's real property located in Collie County. Florida. being described as Tax Parcel Number 36765520006, and being further described on Exhibit A attached hereto (the "Premises"): and WHEREAS, the Parties desire to enter into this Memorandum to place the Lease Agreement on the public record. NOW THEREFORE, for and in consideration of the foregoing and other good and valuable consideration including the covenants and conditions more particularly set forth in the Lease Agreement, the Parties do hereby covenant. promise, and agree as follows: Site Name: Pine Ridge 11 - 1 - LocID: 8168 2623 BUN: 857506 IB=-(„»_ Packet Page -877- 1/7-6/201 1. The foregoing recitals are true and correct and are expressly incorporated herein by this reference. 2. The terms and conditions of the Lease Agreement are incorporated herein by this reference. Any capitalized terms not defined herein shall have those meanings as set forth in the Lease Agreement. 3. This Memorandum evidences Lessor's lease, and grant, to Lessee of the Premises. 4. The Lease Agreement commenced March 5, 2011, and will continue for a term of ten (10) years, which term will automatically renew for four(4) additional five (5) year terms. 5. Lessor granted to Lessee, its successors and assigns for the purposes provided herein and in the Lease Agreement, for use by Lessee and Lessee's employees, agents, contractors, sublessees, licensees and their employees, agents and contractors, a non-exclusive access easement throughout the life of this Lease for free ingress and egress and for the installation and transmission of utilities on the Demised Premises seven (7) days a week. twenty-four (24) hours a day. 6. This Memorandum is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions, or provisions of the Lease Agreement, all of which are hereby ratified and affirmed. This Memorandum shall be binding upon and inure to the benefit of the Parties and their respective executors, administrators, heirs, successors, and assigns, subject to the provisions of the Lease Agreement. [Signature pages follow Site Name: Pine Ridge II -2 - Loc ID: 81682623 BUN: 857306 03.302612.1} Packet Page -878- 1/26/2016 16.E.1 . AS TO THE LESSOR: DATED: BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA ATTEST: DWIGHT F. BROCK,Clerk BY: TIM NANCE, Chairman Bv: Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio +Gt�''� ,O C O.. Assistant County Attorney t4 I' ACKNOWLEDGEMENT STATE/COMMONWEALTH OF $ : COUNTY OF . a Notary Public within and for the State/Commonwealth of dais commissioned and'actine. do hereby certify that on this day of 2015. personally appeared before me _— . to me personally known to be the person who si�: `ed the foregoing instrument, and who, being by me duly r sworn and being informed of the content5,6f said instrument. stated and acknowledged under oath that he is the Chairman of the Board of Count`ti'Con-tn:issioners. Collier County. Florida, and_ as such, is a duly certified individual who may cuter into agreements on behalf of that entity. Moreover, he has acknowledged that the entity ha.; executed the same as its voluntary act and deed and was voluntarily executed by himself. on behalf of said entity. for the uses, purposes and consideration therein mentioned set forth, WITNESS Air hand and seal as such Notary Public the day and year above written. My Commission Expires: Notary Pt�I�hc --- — - Isici\ATI RI;PAGE TO SIEMORA\Dt'54 OE FIRST AMENDMENT OF CIRO('NI)LEASE FOR COMMUNICATIONS-RAVER] (PINE RIDGE 1; Site Name: Pine Ridge 11 -3 - Loc 1D 8168 2623 BUN: 857506 Packet Page -879- i f•6 i '10'7)01a r�� fti= P .�. CROW .N CASTLE 'LOWERS 06-2. LLC. i /1 a Delaware 1ltlliLed Idbili'i\' comp�'an\ k y ! , WitileS f}� • IL. �z- By: W tness Name: Hail Glivic Title: Manager,Tower Development Implementation ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF WASHINGTON I, Sheila Osborne, a Notary Public within and for the Commonwealth of Pennsylvania, duly commissioned and acting. do hereby certify that on this , -r. day of KiCv lo/,r- . 2015, personally appeared before me Brian Glivic, of Crown Castle Towers 06-2 LLC, to me personally known to be the person who signed the foregoing instrument, and who, being by me duly sworn and being informed of the contents of said instrument, stated and acknowledged under oath that he is the 'Manager, Tower Development Implementation. of Crown Castle Towers 06-2 LLC. and, as such, is a duly certified individual who may enter into agreements on behalf of that entity. Moreover. he has acknowledged that the entity has executed the same as uts voluntar\ act and deed and was voluntarily executed by himself, on behalf of said entity. for the uses. purposes and consideration therein mentioned and set forth. WITNESS my hand and seal as such Notar\ Public the day and year above written. {Gr J4 ^ ( 4 4� L„, Notary Public My Commission Expires: 1113/1 tiOT ARIAL SEAL Sheila Dsb<xne. Ca KX$rY�t bile on> urg c. 1'a<shinrYCv C a;t y t`'?Cxninission 4cv 1a to kiC LEER. C.EANZ%VAII,A7C' Of ISIGNA rt E!:PAGE FO\4n`tuasarit st OF nest AMENDMENT OF GROUND LEASE FOR COMMUNICATIONS 1 t)\\r:f:S ;PINE RiDGE Site Name: Pine Rid;'e it -4 - Ltoc ID: 8168 2623 RUN: 857506 Packet Page -880- 1/26/2016 16.E1 . nT- Being the same property conveyed to Collier County. Grantee, from William S. Parker and Naomi B. Parker, husband and wife, Grantor. by Deed recorded 12/10/1993, as Book 1893, Page 552 of the Collier County records. Being the same property conveyed to Collier County. Grantee, from Angela Mangiafridda, a single woman. Grantor. by Deed recorded 12/10/1993. as Book 1893, Page 551 of the Collier County records. Being the same property conveyed to Collier County, Grantee, from Louise V. Taylor. as Trustee, under an unrecorded trust agreement entitled Louise V. Taylor Revocable Living Trust, Under Agreement dated September 16. 1987. Grantor, by Deed recorded 12/10/1993, as Book 1 893. Paige 549 of the Collier County records. Being the same property conveyed to Collier County. Grantee, from Donald Stevens Sells, a married man. Grantor. by Deed recorded 12/10`1993, as Book 1893. Page 547 of the Collier County records. [See attached! Packet Page -881- . 1 i26216 16.E 1 . .., 1 ; 1 ; , , tEK 1 . r:. ,,.: i Z>t ..'"• i c,\ [ i 4 f I z I I !II i 11 iiiillgelill ,.1 L .7 . - 1:1.'il'12 it. NERICM±.1. ,:.1. .. .- - t' iirr:,1 MW-}-MILIPL;;LI ''V '.: . ".. c, '- - _ 1 ' L I ' 7 it 1 g P. ill h 1 i 11; .,., !____----- ._ ,,,„■- 2 g ----- ______\____!„- _ _ CI` ?--- I ---- ----I-I-I-- r 1 ._.) 1 , ---- , ____.__,,......-.--s-i___--- _______■ z _---- . r,,--.-11"--*-0 Ea -------------------- -.-------- 6 It .""-".. '--.'".. ''- \ ""- 6 1 g4 A A I r - - - - -i I 1 • 3 q 8§ 1 tiatInVii'L't,,, II P I ; 1 . \ . 1 ■ 1 I 15 il I I . I I w 'T I I I iii I Il II I I iri I ,, 1 \II 1 I E 0 b 1 i 1 1 i t li It I 1 ,._ I - - - J --- I L i L : k \ 1 ' 1 I 7---------"----------ji------------- N i N -/ 11 i L',:ii' gvl ig 1 g 10" 4 !O .EE e r 1 x 1 1, , nioi4 / '---N, , , 1 ' 2 i g b8 10 1 40111! k i -a q glar! / 1 ,2,- 41 tq• OHS roi 12,_ur ID-0' 01411.5rQ ----N. I, I 1 35-0* w".1451‘g *PO i -*. ii fig 5H/45 0 0 11 In 1,1 X ... 413 Erl I EF- -... _/ Packet Page -882- 1 , 1/26/2016 6.E.1. Feast. r� z: GROUND LEASE ACItEE.MEN1 '1Df n. r..._ Lr.. ..,. cw: Jun_. !. t,_,o".ten ii:Tinsc i.._,i. mna. ni iI no address of _ C rn_uit Suite 12,0ti. -.ipharcna C:/,30004,hereinafter,eterred to a: 'LESSEE". :Mc ...OLLIElt COUNTY, e polnieai subdivision of the State of Fioriaa, s\nosr mailing address is /301 East Jan-liar-Ili Trail,Naples,Florida 341112.hereinafter referred to as"LESSOR." WiTNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the area of one existing field light pole as shown on Exhibit "A" and referred to as 'Proposed 160' monopole,' which shall be replaced with LESSEES free-standing flagless flagpole communications tower, to be no higher than one hundred and sixty feet above natural grade,at the base of the tower to the top of the tower,including any antennae mounted to the tower,and ground space measuring twenty-five(25)foot by thirty-five(35)foot for a fenced area for an above-ground equipment shelter and generator to supply the communications tower, located at the Max Hasse Park, hereinafter referred to collectively as the'Tower,' which will be located at Max Hasse Park,3396 Golden Gate Blvd,Naples,Florida,which is further described in Exhibit"A"and which is attached hereto and made a part of this Lease,hereinafter referred to as the "Demised Premises," situated in the County of Collier and the State of Florida. All improvements shall be approved by LESSOR applying,and subject to,the terms contained in Article 5 of the Agreement. LESSEE shall provide LESSOR, without any cost of rent to LESSOR. three (3) locations on the tower at a height of one hundred fifty-five feet(155').one hundred fifteen feet(115')and one hundred five feet(105'),in order for LESSOR to operate any future communications or surveillance equipment upon the tower. LESSEE shall provide to LESSOR, at no cost to LESSOR, a fenced area to accommodate an above-ground equipment cabinet and diesel generator for LESSOR'S exclusive use.LESSEE shall pay the cost of LESSOR'S monthly electric service at this site. LESSOR shall be responsible for the cost of purchasing its own antenna and for installing and operating its antenna. LESSEE shall he responsible for all costs associated with the maintenance and replacement of'the Tower throughout the life of this Lease, Not withstanding any provision in this Lease. including Article 7 and Article 17. upon the termination or expiration of this Lease Agreement, LESSOR shall direct LESSEE to remove the Tower and replace same with a light pole as originally placed upon the Demised Premises by LESSOR LESSEE shall he required to obtain the required use permit(s) (conditional or otherwise) for constructing and operating the communications tower and the shelter(s)at the Demised Premises pursuant to those terms outlined in the Collier County Land Development Code and all applicable ordinances. LESSOR authorizes LESSEE to prepare, execute and file all required applications to obtain all required permits for Tenant's Permitted Use under this Agreement and agrees to reasonably assist Tenant with such applications and with obtaining;and maintaining the Government Approvals. LESSEE understands and acknowledges that the use granted for this use on the Demised Premises is based on a Conditional Use pursuant to Land Development Code (LDC) 2.03.05.A.4.a.; 2.03.05.A: 2.03.05.A.3_ and 2.01.02_A.4.,which addresses the Public Use District(P)and Essential Sere ices.If at any time after the initial term,as defined in Article 2 of this Agreement, LESSOR elects to remove its equipment from the tower,which is constructed by LESSEE. the use of the tower, under the aforementioned LDC sections, shall become a non-use for governmental/public purposes. and LESSOR shall advise LESSEE in writing of the non-use and termination of the Lease, and LESSEE shall be required to cease operations at the Demised Premises,and remove the tower at its sole cost and expense within 120 days of receiving notice of termination. LESSOR does not make any representations or warranties or permitted uses with respect to the Demised Premises to the LESSEE. The LESSEE accepts the Demised Premises in "as is" condition and there shall be no abatement for defects in the Demised Premises or from violations of law with respect thereof and LESSEE shall not hold LESSOR liable for any defects in or defective conditions of the Demised Premises or to title thereto. LESSEE'S obligation to perform under this Agreement shall be subject to and conditioned upon: (a) LESSEE'S obtaining, at its option and cost, a survey, geotechnical report and analysis tests which must show no defects which, in the opinion of the LESSEE, may adversely affect LESSEE'S use of the Demised Premises: (b) LESSEE'S approval of the condition of the Demised Premises, which may be subject to, at LESSEE'S option, an environmental audit of the Premises performed by an environmental consulting firm of LESSEE'S choice; Packet Page-883- 1 1/2512016 16.E.1 . (c) LESSEE'S securing appropriate approvals for LESSEE'S intended use of its Tower on the Demised Premises from the 1-eOeral Communications Commission, the Federal Aviation Administrator. and am. other i&teral_ ._,,,a. recite,_r,t ., t1 ie . C ', sir. 0•'C! .1, G ., ta. I t,_ 3(01101...: 1a._ .. ..,_, 1 Agreement. LESSEE, 1aai' terminate th:. <,_reeii e.t Of this throng:, Fei Iliti notiet. LESStlitt anC+ D,' "estorine the Demises t remise, tr its roaditirtil as or the date of rite essectriiiiit eement te) LESSEE shall inform Lessor, in writing, regarding the title report_ geotechnical report and analysis_ environmental audit,and obtaining required government approvals. LESSOR hereby grants to LESSEE a non-exclusive access easement throughout the life of this Lease for free ingress and egress and for the installation and transmission of utilities on the Demised Premises seven (7) days a week, twenty-four (24) hours a day. No above-ground structures shall be constructed in the access easement or outside of the Demised Premises. Said easement area is shown on Exhibit"A." LESSOR hereby grants to LESSEE a non-exclusive temporary construction easement,hereinafter referred to as 'Easement Area,' where indicated on Exhibit"A",in order to access the Demised Premises during construction of the communications tower and related ground equipment area.LESSEE agrees to restore the surface and subsurface of the Easement Area after construction has been completed,including,but limited to,the ball field's ground and grass.The Easement shall expire upon the issuance of the Certificate of Occupancy for the Demised Premises. Concurrently with the initial construction of the tower, at no cost to LESSOR, LESSEE shall relocate and install the existing lights from the existing light pole at the same height they are currently located to the new tower, and LESSEE shall ensure that all relocated lights are operational, LESSEE shall locate its communications equipment at 145 foot and 135 foot CL and provide LESSOR with three (3) primary locations at 155 feet CL. 115 feet CL and 105 feet. LESSEE is permitted to sublease any other available space on the tower,if the tower is deemed worthy of additional equipment,to other wireless carriers. LESSEE shall provide the LESSOR with an air-conditioned equipment shelter, power connections, free monthly electricity and back-up power at no cost to LESSOR. LESSOR's equipment shall be located outside of the Demised Premises in a location reasonably close to the tower. LESSOR shall not be responsible for any cost for any improvements or utilities made to or provided to the tower,or to the Demised Premises,or the equipment shelter. LESSOR shall be solely responsible for any costs for its equipment and installation of its equipment. ARTICLE 2. 'fern of Lease The initial term of this Lease Agreement shall be for a term of t n(10)years(the initial Term") commencing upon the date LESSEE starts construction, or within 270 days after this Agreement is executed by LESSOR, whichever occurs first, hereinafter referred to as the "Commencement Date." This Lease will he automatically renewed for four (4) separate additional terms of five (5) years each, hereinafter referred to as the "Four(4) Year Renewal Terms", unless LESSEE notifies LESSOR of its intentions not to renew at least ninety(90) days prior to expiration of the then current term of the four(4)Year Renewal Terms. As stated above in this Agreement.LESSEE understands and acknowledges that the use granted for this use on the Demised Premises is based on a Conditional Use pursuant to Land Development Code (LDC) 2.03.O5.A.4.a_; 2.03.05.A: 2.03.05.A.3; and 2.01.02..A.4.. which addresses the Public Use District(P)and Essential Services. LF.SSt)R reserves the right to terminate this Lease,by providing LESSEE with written notice. if LESSEE shall violate any provisions of this Lease and not remedy such defaults as required in Article 11 herein. LESSEE shall terminate this Lease. at any time,with or without cause.by providing LESSOR with Ninety(90)day advanced written notice. In addition, LESSEE covenants and agrees not to use,occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose that is not authorized by this Lease or is contrary to law or rules or regulations of any public authority having jurisdiction over the Demised Premises. ARTICLE 3. Annual Rent Commencing on the first day of the month following the Commencement Date. LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Forty Thousand Dollars and 00/100 ($40,000.00) hereinafter referred to as"Annual Rent,"that is to be paid in full,for rent for the first year of occupancy,and shall be forwarded to Real Property Management at the address set forth in Article 13 of this Ageement. Packet Page -884- 1/26/2016 16.E.1 . Following the first full year of Annual Rent. the Annual Rent set forth above shad be increased by five percent or by the percentage increase in the Consumer Price Index (CPI) figure, whichever figure is iuche . over the Rent paid iw LESSEE during,the preceding year. Lis: ' ` ,. iT;00:1 07 StD SlitIt m-m i. not available. : t'eii3r) governmental ) other nonpartisan publication. evaila-nb the information therer i for use in d_terrninir_the Consume. Price mum. shall be use n lieu. o such Consume' Price Index. ARTICLE 4. Other Expenses and Charges LESSEE shall pay all utility charges applicable to the Demised Premises including,but not limited to charges for electricity, air conditioning, water, telephone or other communication services used, rendered or supplied thereupon or in connection with the Demised Premises.LESSOR shall pay all utility charges applicable to the lights which are to be relocated from the existing light pole and installed by LESSEE on the free-standing communications tower. and LESSOR shall pay for utility charges pertaining to any surveillance equipment that may be placed on the Tower by LESSOR. ARTICLE 5. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises which would increase the amount of leased space or require a permit,LESSEE must provide to LESSOR all proposals and plans for alterations, improvements.changes or additions to the Demised Premises for LESSORS written approval,specifying in writing,and in meaningful detail,the nature and extent of the desired alteration,improvement,change,or addition, along with the contemplated starting and completion time for such project.LESSOR or its designee will then have up to thirty(30)days within which to approve or deny in writing said request for changes.improvements,alterations or additions. LESSOR shall not unreasonably withhold, condition or delay to its consent to required or appropriate alterations,improvements,changes or additions proposed by LESSEE. LESSEE agrees and acknowledges that it is solely responsible for obtaining all licenses,permits and variances that may be required for its contemplated use of the Demised Premises. LESSEE covenants and agrees in connections with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws. ordinance, rules, regulations, and requirements of the United Sates of America.. State of Florida,County of Collier.and any and all other governmental agencies having subject matter jurisdiction. The execution of this Lease by LESSOR shall not be construed by LESSEE as a substitute for,or exemption from,those licenses,permits,or variances that may he needed by the LESSEE for its contemplated use of the Demised Premises,nor exempt the LESSEE from its duties under Federal,State and local laws. Notwithstanding anything to the contrary, LESSEE may upgrade its installation without the consent of the LESSOR. For the purpose of this Article,`Upgrade" shall refer to replacements. improvements or enhancements to the installation which would not increase the amount of leased space on the ground and may or may not otherwise require a permit. ARTICLE 6. Access to Demised Premises LESSEE, its duly authorized agents,contractors.representatives,employees and other LESSEE-shall have the right to enter into and upon the Demised Premises twenty-four(241 hours a day, seven (7) days a week at no extra charge. ARTICLE''. Assignment and Subletting LESSEE may assign this Lease provided LESSEE promptly notifies LESSOR of such assignment and the assignment is subject to the provisions of this Lease. Further, LESSEE may, upon notice to LESSOR, mortgage or grant a security interest in this Lease and the Communications Facility, and may assign this Lease and the Communications Facility to any such mortgagees or holders of security interests including their successors and assigns(hereinafter collectively referred to as"Mortgagees"). In such event,LESSOR shall execute such consent to leasehold financing as may reasonably be required by Mortgagees.LESSOR agrees to notify LESSEE and LESSEE'S Mortgagees simultaneously of any default by LESSEE and to give Mortgagees the same right to cure any default as LESSEE. LESSEE may sublease or license the Demised Premises or any portion of the Tower or shelter to others for the purpose of radio transmission and communications services. LESSEE shall notify LESSOR within ninety(90)days after entering into a sublease or sublicense agreement. Packet Page -885- 1/261201 ARTICLE S. indemnity (a) LESSEE. agrees to indemnify_ defend and hold LESSOR harmless from and against any and ..I. :nru' 11220.C.ama s tu. P :y In",, L 7,,C, 11:-`20.1 0- ;orettoing 111_1!::.:11 en,ona:._ __. :,i_ eJl71" .13C-1 Cis �.. I. .. _,«i.L:T'___. ._J; 01- .. mn11t., 1::1 ; n- t. . ._._ 1:1 ..ni_ .11:_111C:1 I_...'. 'r CIL...,'i'fl . ....i..;,..._ .12 GI11:1(.:0.. a0et,': ' ,n_.. ent0.,cont,a t.:.:., (h) Only to the extent authorized by 768.28, Florida Statute. LESSOR agrees to indemnify,. defend and hold LESSEE harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing),costs or expenses(including reasonable attorneys'� 'fees and court costs)arising directly from om the actions or failure to act of LESSOR or its employees or agents, or LESSORS breach of any provision of this Agreement,except to the extent attributable to the negligent or intentional act or omission of LESSEE,its employees, agents or independent contractors. (c) Notwithstanding anything to the contrary in this Agreement, LESSEE and LESSOR each waives any claims that each may have against the other with respect to consequential,incidental or special damages. ARTICLE 9.Insurance LESSEE shall provide and maintain general liability and property liability insurance policy(ies),approved by the Collier County Risk Management Department, for not less than One Million Dollars ($1,000,000.00) combined single limits during the term of this Agreement. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No/100 Cents($100,000.00)each accident. Such insurance poiicy(ies)shall list and continuously maintain Collier County as an additional insured thereon. Evidence of such insurance shall he provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, W.Harmon Turner Building,Naples, Florida,34112, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring not less than ten (10) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. LESSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice LESSEE shall have thirty(30)days in which to obtain such additional insurance. ARTICLE 10.Maintenance LESSEE shall maintain the tower and all related ground equipment at its sole cost and expense. If by LESSEE'S use of the property, the Demised Premises are nor kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within ten (10) days of the receipt of such notice. LESSOR may cause the same to be cleaned and corrected and LESSEE shall assume and pay all such necessary cleaning costs and such costs shall constitute additional rent which shall he paid by LESSEE within ten(10) days of receipt of written notice of costs incurred by LESSOR. LESSEE, at its sole cost,shall repair all damage to the Demised Premises caused by LESSEE, its employees, agents, independent contractors,guests, invitees,,licensees,or patrons. If applicable. LESSEE, at its sole cost, shall remove from the Demised Premises in accordance with all applicable rules, laws and regulations, ail solid, liquid, semisolid, and gaseous trash and waste and refuse of any nature whatsoever which accumulates or arises from LESSEE'S use of the Demised Premises. Such trash,waste and refuse shall be stored in closed containers approved by the LESSOR. ARTICLE !1. Default by LESSEE Failure of LESSEE to commence remedy of default as soon as possible and to complete remedy of default in thirty{30) days with any provision or covenant of this Lease shall constitute a default whereby LESSOR may, at its option,terminate this Lease by giving LESSEE thirty(30)days written notice to vacate the Demised Premises unless the default is fully cured within that thirty(30)day notice period If the default may not reasonably be cured within a thirty (30) day period. LESSOR may not terminate this Agreement if the defaulting party commences action to cure the default within such thirty (30) prior and proceeds with due diligence to fully cure the default, However, the occurrence of any of the following events shall constitute a default by LESSEE and this Lease may be immediately terminated by LESSOR except to the extent then prohibited by law: (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation. (b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease. Packet Page -886- 1/26/2016 1 6.E.( . (c) Filing of insolvency,reorganization,plan or arrangement of bankruptc,. (d) Adjudication as bankrupt. Tile LESSOR may. at in outlet,. terminat,. this Lease after providing iti) thin' :3U; c..'.. written notice if a hen is filed against the leasehold Interest of the L,ESSEL.and the hen is not removed v"ithn.that thirty'"301 day notice period,pursuant te,the taw or oiLei .tsa. If LESSEE fails to pay,when due,any rental payment,or any other sum payable to LESSOR under this Lease, and if said sum remains unpaid for more than ten(10)days past the due date,the LESSEE shall pay LESSOR a late payment charge equal to five (5) percent of any payment not paid promptly when due. Any amounts not paid promptly when due shall also accrue simple interest of one and one half(11/2)percent per month or the highest interest rate then allowed by Florida law,whichever is higher,which interest shall be paid by LESSEE to LESSOR. ARTICLE 12.Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty(30)days{or such additional time as is reasonably required to correct such default)after written notice to LESSOR by LESSEE properly and in meaningful detail specifying wherein LESSOR has failed to perform any such obligations. If LESSOR fails to perform such obligations within a reasonable amount of time following thirty(30)days written notification,LESSEE will have:(i) the right to cure LESSOR's default and to deduct the costs of such cure from monies due to LESSOR from LESSEE, and(ii)any and all other rights available to it under law and equity. ARTICLE 13.Notices Any notice which LESSOR or LESSEE may,be required to give to the other party shall be in writing delivered to the other party at the following addresses,or changes thereto which have been notified to the other party: LESSEE: New Cingular Wireless PCS,LLC Ann: AT&T Network Real Estate Administration Re:Cell Site#313X0051:Cell Site Name:Pine Ridge 11 Fixed Asset No: 10127365 12555 Cingular Way,Suite 1300 Alpharetta,GA 30004 With a copy to: New Cingular Wireless PCS,LLC Attn:Legal Department Re:Cell Site#313X0051;Cell Site Name:Pine Ridge II Fixed Asset No: 10127365 1025 Lenox Park Blvd, 5th Floor Atlanta,GA 30319 LESSOR: Board of County Commissioners c/o Real Property Management Building W 3301 Tamiami Trail East,Administration Building Naples,Florida 34112 Copy to: Office of the County Attorney ARTICLE 14. Surrender of Premises At the expiration or termination of this Lease,at its sole cost and expense, LESSEE shall remove its antenna and any related equipment placed above grade and upon the Demised Premises throughout the life of this Lease within One hundred and twenty(120)days from the expiration,termination,or early termination of this Lease. 5 Packet Page -887- 1/26/2016 16.E.1 . ARTICLE 15 Gcneia!Provisions LESSEE fully understands that the police and law enforcement ,emm/ protection provided by law :mer:EImcn` a:eouE :ho,^'refermczJ Dmn`rd tho:rm.'id,!ci `oxnrm|`:,ho,inc�� n' | ^°°, �in.nC� v. Ccxi�' �uur', un( xou`pv\��o�' m� ur• r�xu: r�cc�r �c�,'�` o�:,= n'crs�� |c �6d�.onu� tvontc/n, n^ ���/�� ^��'s� 2iia , o'�c�Sc! n^COS- o':xpus- uLEE,SO1, LESSEE exprescl\ agrees Ia: itself. ii. successor ant:assians.to reirain from arts us: n. tOe vemiscd Premise which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where oUter operations share common fsschittes or otherwise. (a) Rights not specifically granted the LESSEE b) this Lease are hereby reserved to Use LESSOR. (b) LESSEE agrees to pay all tax imposed on the leasehold interest or otherwise related to the rental of the Demised Premises to the extent applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes and other taxes,if any,that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 16.Environmental Concerns if after LESSEE takes possession of the Demised nmmiouo, hazardous materials are discovered to exist ou, under or beneath the Demised Premises, LESSEE may terminate this Agreement and LESSEE shall owe no further duties, obligations or liability to LESSOR. LESSOR shall be responsible for,and hold LESSEE harmless from, any expenses incident to the abatement or compliance with the requirements of any fedem|, state or local statutory or regulatory requirements caused directly or indirectly by the activities of LESSOR and LESSOR'S agents, employees or contractors, or resulting from the presence of Hazardous Materials hereafter brought onto the Premises by LESSOR'S or LESSOR'S agents,employees,licensees,invitecs,tenants or contractors. LESSEE shall comply with all laws,ordinances,rules, orders or regulations applicable to Hazardous Materials. LESSEE shall not use the Premises or the Easement for treatment, storage, transportation to or from, use or disposal of Hazardous Materials (other than petroleum products necessary for the operation of an emergency electrical generator to serve the Equipment). LESSEE shall be responsible for and hold Lessor harmless from, umrcspcu,c incident to the abatement or compliance with the requirements of any federal, state or local statutory or regulatory requirements ouvsud, directly or indirectly, by the activities o{ LSSSEE or LESSEE'S uo"om, employees or mouractvrs, or resulting from the presence of any Hazardous Materials brought onto the Premises by LESSEE, LESSEE'S agents, employees, licensees, invitees. or contractors. As used in this Agreement. "Hazardous Materials" shall mean any and all polychlorinated h'p|,un'|s, petroleum pn,docts, asbestos, urea formaldehyde and other hazardous or toxic materials, wastes or mha:m*:s, any poUommts, and/or contaminants, or any other similar substances or materials which are defined or identified as such in or regulated by any federal,state or local laws, rules or regulations(whether now existing or hereinafter enacted) pertaining so environmental regulations, contamination, cleanup or any judicial or administrative interpretation of such laws, rules or regulations or any substance that after release into the environment and upon exposure, ingestion, inhalation or assimilation, either directly from the environment or directly through food chains will or may reasonably be anticipated to cause death, m,eme, behavior abnormalities,cancer or genetic abnormalities. ARtICLE 17.Interference (a) Where there are existing radio frequency user(s) on the Property the LESSOR will provide LESSEE with a list of all uxistinoouio frequency user(s) on the Propert to allow LESSEE to evaluate the potential for interference. LESSEE warrants that its use of the premises will not interfere with existing radio frequency user(s)on the,Property so disclosed by LESSOR,as long as the existing radio frequency user(s)operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. (u) lESSOR will not use,nor will LESSOR permit its employees.LESSEEs, licensees, mt see's or agents to use, any portion of the Property in any way which interferes with the Communication Facility, the operations of LESSEE or the rights of LESSEE under this Agreement. LESSOR will cause such interference to cease within twenty-four(24)hours after receipt of notice of interference from LESSEE. In the event any such interference does not cease within the aforementioned cure period then the parties acknowledge that LESSEE will suffer irreparable inlury.and therefore, LESSEE will have the right, in addition to any other rights thai it may have at law or in equity, for LESSOR's breach of this Agreement, to elect to enjoin such interference or to terminate this Agreement upon notice to LESSOR. LESSEE covenants and agrees that LESSEE'S communications equipment its inrtaUauooc, operations and maintenance will: a)not interfer with the operation of LESSOR'S communications in the immediate area. In the event there is interference by L£SSos. LESSEE will promptly take all steps necessary to correct and eliminate same within a reasonable period of time. If LESSEE is unable to eliminate such interference caused by it within 48 hours after receipt of written notice from LESSOR,LESSEE shall temporarily disconnect the electric power and shut down its equipment (except for intermittent operation for the purpose of' testing, after performing maintenance, repair, modification replacement, or other action taken for the purpose of correcting such interference) and if such interference is not corrected within 30 days after receipt of the written notice,Tenant agrees to remove the Equipment from the Communication Tower and this Agreement shall terminate as if by expiration; b)Not interfere , « Packet Page -888- 1/26/2016 16.E.1 . with the maintenance of LESSORS operations at the Demised Premises; 0 Comply With all applicable rules tine: regulations of the Federal Communications Commission and electrical codes of the City andior State concerned. ARTICLE 1 f.l ad on Cat i CCI L.,. , .l 'IW;- ,. ...Ii ..sees. I r _1' quammee, present health risks to persons aai:o ..v e..po,Ci .a i, (1..3' 3 ni ra001 IIii 'teem, and state guidelines have been found in buildings in Florida. ?addi Iona, iniorma,io-, r-s,arding radon anti radon testing may be obtained from your County public health unit. ARTICLE 19. Extent of Liens All persons to whom these presents may come are put upon notice that no interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by or through the LESSEE, also for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either.This notice is given pursuant to the provisions of and in compliance with Section 713.10,Florida Statutes. ARTICLE 20. Effective Date This Lease shall become effective,upon execution by LESSOR. ARTICLE 21. Governing Law This Lease shall be governed by and construed in accordance with the laws of the State of Florida. ARTICLE 22.SALE OF PROPERTY If LESSOR, at any time during the Term of this Agreement, decides to sell, subdivide or rezone any of the Premises,all or any part of the Property or Surrounding Property,to a purchaser other than LESSEE,LESSOR shall promptly notify LESSEE in writing, and such sale, subdivision or rezoning shall be subject to this Agreement and LESSEE'S rights hereunder. In the event the Property is transferred,the new LESSOR shall have a duty at the time of such transfer to provide LESSEE with a completed IRS Form W-9,or its equivalent,and other related paper work to effect a transfer in Rent to the new LESSOR. The provisions of this Paragraph 22 shall in no way limit or impair the obligations of LESSOR under Paragraph 8 above. ARTICLE 23.CONDEMNATION in the event LESSOR receives notification of any condemnation proceedings affecting the Property,LESSOR will provide notice of the proceeding to LESSEE within forty-eight(48)hours. if a condemning authority,takes all of the Property,or a portion sufficient, in LESSEE'S sole determination,to render the Premises unsuitable for LESSEE, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for LESSEE will include, where applicable, the value of its Communication Facility, moving expenses, prepaid Rent, and business dislocation expenses. LESSEE will be entitled to reimbursement for any prepaid Rent on a prorata basis. ARTICLE 24,CASUALTY LESSOR will provide notice to LESSEE of any casualty or other harm affecting the Property within forty- eight(48)hours of the casualty or other harm. If any part of the Communication Facility or Property is damaged by casualty or other harm as to render the Premises unsuitable, in LESSEE's sole determination, then LESSEE may terminate this Agreement by providing written notice to LESSOR,which termination will be effective as of the date of such casualty or other harm. Upon such termination, LESSEE will be entitled to collect all insurance proceeds payable to LESSEE on account thereof and to be reimbursed for any prepaid Rent on a prorata basis. LESSOR agrees to permit LESSEE to place a temporary transmission and reception facilities on the Property,but only until such time as LESSEE is able to activate a replacement transmission facility at another location;notwithstanding the termination of the Agreement, such temporary facilities will be governed by all of the terms and conditions of this Agreement, including Rent. If LESSOR or LESSEE undertakes to rebuild or restore the Premises and/or the Communication Facility, as applicable,LESSOR agrees to permit LESSEE to place temporary transmission and reception facilities on the Property at no additional Rent until the reconstruction of the Premises and/or the Communication Facility is completed. If LESSOR determines not to rebuild or restore the Premises, LESSOR will notify LESSEE of such determination within thirty(30) days after the casualty or other harm. If LESSOR does not so notify LESSEE,then LESSOR will promptly rebuild or restore the Premises to substantially the same condition as existed before the casualty or other harm. LESSOR agrees that the Rent shall be abated until the Premises are rebuilt or restored,unless LESSEE places temporary transmission and reception facilities on the Property. Packet Page -889- 1/262016 16.-- .ARTICLE 25. MISCELLANEOUS ! ! (a.) A.rnmmenmrWxiver. This Agreement cannot uamenueC modified m revised unless done in - 'n; and oned h' a:,a 'inr';ze:.agen1cf the LSISCr.c,y arrnJ rrn'donmo�' '" i:!teuv:zouvn..,x HT' �s N o` `-' `r�s &��'� 11m/c: irOill mc vttecou.^un"x'=oth ,ze ^, wuzumon:m Form, o� pxrt.\ mu oco:-c. tam M«moranuum u S,pr: Least: c u":, nmc: in ,tr L^mmu discretion.at tat'reeordin part: ezpcn,^. (c) Bind and Benefit. The terms and conditions contained in this Aizreernenl will run with the Propert and bind and inure to the benefit of the parties. their respective heirs, executors, administrators.i o�,� successors and assigns. (d) Entire Agreement. This Agreement and the exhibits attached hereto. all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the subject matter of this Agreement. (f) Interpretation. Unless otherwise ,pecificd, the following rules of construction and interpretation apply: (i)captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof;(ii)use of the term "including"will be interpreted to mean "including but not limited to"; (iii) whenever a party's consent is required under this Agreement,except as otherwise stated in the Agreement or as same may be dup|icativo, such consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of the Agreement and are incorporated by reference into this Agreement; (v) use of the terms "termination" or "expiration" are interchangeable; (vi) reference to a default will take into consideration any applicable notice, grace and cure periods; and (vii) to the extent there is any issue with respect to any alleged, perceived or actual ambiguity in this Agreement,the ambiguity shall not be resolved on the basis of who drafted the Agreement. (g) Estoppel. Either party will,at any time upon twenty(20)business days prior written notice from the uth:r, cxcvute, acknowledge and deliver to the other a statement in writing (i) certifying that this Agreement is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying this Agreement, as so modified, is in full force and effect)and the date to which the Rent and other charges are paid in advance, if any.and(ii)acknowledging that there are not,to such party's knoi ledge.any uncured defaults on the part of the other party hereunder,or specifying such defaults if any are claimed, Any such statement may be conclusively relied upon by any prospective purchaser or encumbrance of the Premises. The requested party's failure to deliver such a statement within such time will he conclusively relied upon by the requesting party that(i)this Agreement is in full force and effect,without modification except as may be prop dyrepre,cntedhxtheoqvrstiuupuny.(i0thvrcme no uncured defaults in either party's performance,and(iii)no more than one month's Rent has been paid in advance. (h) vv'y. LESSOR agree to provide LESSEE with a completed IRS Form W-9,or its equivalent,upon execution of this Agreement and at such other times as may be reasonably requested by LESSEE. (i) No Electronic Signature/No Option. The submission of this Agreement to any parry for examination or consideration does not constitute an offer.reservation of or option for the Premises based on the tennis set forth herein. This Agreement will become effective as a binding Agreement only upon the handwritten legal execution,aclanowledment and delivery hereoihv LESSOR and LESSFE. (j) 8rmmbi|iru If any term or condition of this Agreement is found unenforceable,the remaining terms and conditions will remain binding upon the parties as though said unenforceable provision were not contained herein. However, if the invalid,illegal or unenforceable provision materially affects this Agreement then the Agreement may he terminated by either party on ten(10)business days prior written notice to the other party hereto. (k) Counterparts. This Agreement may be executed in two(2)or more counterparts, all of which shall be considered on and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties, It being understood that all parties need not sign the same counterpart, IN WITNESS WI IEREOF.the parties hereto has e hereunder set forth their hands anu seats. AS'l'O THE LESSOR: DATED: ATTEST: .`z ° BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROOK,Clerk COLLIER CO FLORIDA g- ~' — ' BY: — ���— -~ � � ' � �� ~ -- vDeputy Clerk FRED W.COYLE,Chairman I. � | ' Packet Page -890- 1/26/2016 16.E 1 . AS TO THE LESSEE: Ivav, Signatura) Dclawara binned liabilit) aorapaft' 1 Kathy Pori(D; By: AT&T Mobility Corporation (Print Name) 1 By: Bruce Cook (Signature) (Print name) Real Estate& 1. Construction Mr j r“. Its: (Print Name) /C.) Approved as to form and legal sufficiency: Jennifer B. hite,Assistant County Attorney Packet Page -891- . , ■ ,. , !, ..1 F t f;...L. ;I I i ...., 1, ( .._! „,..,. 1 ,1 il i . ,i--, ' , ' ,.. . ..,..4-,‘ 7 ' I I 1 . .f7 1 lik „, , .., .., t, , ,,.. ..,7, ;....... (1) '{;”"'5:'t', , 1 \ \ r , . '\.,li \,,H, IT '; , 1.---{1 ,,,, `,.,....,_ .,,, ,...-I. 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