Agenda 05/24/2016 Item #16E 4 5/24/2016 16.E.4.
EXECUTIVE SUMMARY
Recommendation to approve an Amended and Restated First Amendment to Ground Lease
Agreement for Communications Tower and a Short Form Tower Agreement with CCATT LLC on
behalf of Parks and Recreation/Public Services.
OBJECTIVE: To change the name of the subsidiary company related to a previously-approved Ground
Lease at the Max Hasse,Jr. Community Park(`Park').
CONSIDERATION: The Board approved a First Amendment to Ground Lease Agreement for
Communications Tower(First Amendment) on January 26, 2016, item 16 E 1,with Crown Castle Towers
06-2 LLC (Tenant), in order to utilize 875 square feet of vacant land for the installation of a 155'
communications monopole at the Park.
When the First Amendment was prepared, the Tenant's representative gave County staff the incorrect
subsidiary name and has now requested that the First Amendment be revised to include the proper
subsidiary name of CCATT LLC. No other terms or conditions contained in the Lease or First
Amendment have been revised.
FISCAL IMPACT: The annual rent of$40,000, for the first year of the lease term,will continue to be
deposited into MSTD General Fund(111),Max Hasse Park(156395),Lease Radio Tower(362110).
GROWTH MANAGEMENT: There is no Growth Management Impacts associated with this Executive
Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for approval.-JAB
RECOMMENDATION: That the Board of County Commissioners approves the attached Amended and
Restated First Amendment to Ground Lease Agreement for Communications Tower and the Short Form
Tower Agreement and authorizes its Chairman to execute the aforementioned documents.
PREPARED BY: Michael Dowling, Senior Property Management Specialist
Division of Facilities Management
Attachments: 1) Amended and Restated First Amendment to Ground Lease Agreement for
Communications Tower and Short Form Tower Agreement
2) First Amendment to Ground Lease Agreement and Memorandum of Ground Lease
Agreement for Communications Tower
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5/24/2016 16.E.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.4.
Item Summary: Recommendation to approve an Amended and Restated First
Amendment to Ground Lease Agreement for Communications Tower and a Short Form Tower
Agreement with CCATT LLC on behalf of Parks and Recreation/Public Services.
Meeting Date: 5/24/2016
Prepared By
Name: DowlingMichael
Title:Property Management Specialist, Senior,Facilities Management
4/28/2016 9:25:27 AM
Submitted by
Title: Property Management Specialist, Senior,Facilities Management
Name: DowlingMichael
4/28/2016 9:25:29 AM
Approved By
Name: LinguidiDennis
Title: Division Director-Facilities Mgmt,Facilities Management
Date:4/28/2016 1:41:37 PM
Name: Washburnllonka
Title: Manager-Park Operations,Parks&Recreation
Date: 4/28/2016 3:41:08 PM
Name: Bendisa Marku
Title: Operations Analyst, Senior,Administrative Service
Date:4/29/2016 10:17:48 AM
Name: WilliamsBarry
Title:Division Director-Parks&Recreation,Parks&Recreation
Date: 5/3/2016 11:13:14 AM
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5/24/2016 16.E.4.
Name: MottToni
Title:Manager-Property Acquisition&Const M,Facilities Management
Date: 5/4/2016 9:50:04 AM
Name: BelpedioJennifer
Title:Assistant County Attorney,CAO General Services
Date: 5/6/2016 11:58:15 AM
Name: PriceLen
Title:Department Head-Administrative Svc,Administrative Services Department
Date: 5/11/2016 10:34:15 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/11/2016 1:17:15 PM
Name: FinnEd
Title:Management/Budget Analyst, Senior, Office of Management&Budget
Date: 5/13/2016 3:36:11 PM
Name: WellsLaura
Title: Management/Budget Analyst, Senior,Office of Management&Budget
Date: 5/13/2016 4:28:59 PM
Name: CasalanguidaNick
Title: Deputy County Manager,County Managers Office
Date: 5/15/2016 10:32:17 PM
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AMENDED AND RESTATED FIRST AMENDMENT
TO GROUND LEASE AGREEMENT FOR COMMUNICATIONS TOWER
(incorporating and superseding prior First Amendment)
[Pine Ridge II]
THIS AMENDED AND RESTATED FIRST AMENDMENT TO GROUND LEASE
AGREEMENT FOR COMMUNICATIONS TOWER(this"Restated First Amendment"),entered into
this day of , 2016, at Naples, Collier County, Florida by and between CCATT
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, 3335 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as
"LESSOR".
WITNESSETH
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 CCATT 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, Lessor and Crown Castle Towers 06-2 LLC entered into that certain First Amendment to
Ground Lease Agreement for Communications Tower dated January 26,2016(the"First Amendment");
WHEREAS, by this Restated First Amendment, LESSEE and LESSOR now desire to correct,amend and
restate the First Amendment so that Crown Castle Towers 06-2 LLC is replaced with CCATT LLC, the
proper entity name; and
NOW, THEREFORE, in consideration of the covenants and agreements provided within the said Lease
dated June 8, 2010, and Ten Dollars ($10.00) and other valuable consideration, the Lease is hereby
amended as follows:
1. Article I of the Lease is hereby deleted in its entirety and the following provision is substituted in its
place:
ARTICLE 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.
Site Name: Pine Ridge II I
I.,oc ID: 8168 2623
BUN: 857506-
1B2475208 1}
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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
for LESSOR'S shared use. LESSEE shall pay the cost of LESSOR'S monthly electric service at this site
by providing two 30 AMP breakers. LESSOR shall be responsible for the cost of purchasing its own
antenna and for installing and operating its antenna.
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 permits) (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 1.ESSEE, 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;
Site'Name: Pine Ridge II 2
Loc ID: 8168 2623
BUN: 857506
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(c) LESSEE'S securing appropriate approvals for LESSEE'S intended use of its Tower on the Demised
Premises from the Federal Communications Commission, the Federal Aviation Administrator, and any
other federal, state or local regulatory agency having jurisdiction over LESSEE'S proposed use of the
Tower;and
(d) In the event of a failure of any of the above referenced conditions precedent within 180 days of
execution of this Amendment, LESSEE may terminate this Agreement through written notice to
LESSOR and by restoring the Demised Premises to its condition as of the date of the execution of this
Agreement.
(e) LESSEE shall inform Lessor, in writing,regarding the title report,geotechnical report and analysis,
environmental audit,and obtaining required 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. 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.
2 ARTICLE 13 of the Lease is hereby deleted in its entirety and the following provision is
substituted in its place:
ARTICLE 13. Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing
delivered to the other party at the following addresses,or changes thereto which have been notified to the
other party:
LESSEE:
CCATT LLC
2000 Corporate Drive
Canonsburg,Pennsylvania 15317
LESSOR:
Board of County Commissioners
do Real Property Management
3335 East Tamiami Trail
Naples,Florida 34112
Site Name: Pine Ridge II 3
Loc ID: 8168 2623
BUN: 857W,-
(B2475208 II
57506(B2475208,II
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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.
IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this Restated First
Amendment to Ground Lease Agreement for Communications Tower the day and year first above
written.
AS TO THE LESSEE:
CCA TT LLC,
a Delaware limited liability company
DATED:
By:
Witness(signature)
Print Name:
(print name) Print Title:
Witness(signature)
(print name)
AS TO THE LESSOR:
DATED: BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA
ATTEST:
DWIGHT E. BROCK,Clerk BY:
DONNA FIALA,Chairman
By:
,Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio alttrt
Assistant County Attorney0—'6 �
Site Name: Pine Ridge II 4
Loc ID: 8168 2623
t3IJN: 857506
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EXHIBIT"A"
Site Sketch
[See attached]
Site Name: Pine Ridge II 5
i,oc ID: 8168 2623
BUN: 857506
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5/24/2016 16.E.4.
EXHIBIT"B"
Short Form Tower License Agreement
[See attached]
Site Name: Pine Ridge 11 6
1.oc Ill: 8168_2623
BUN: 857506
(n247520s.1.
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5/24/2016 16.E.4.
AFTER RECORDATION,PLEASE RETURN TO:
ATPN: Christian A.Farmakis
I3abst,Calland,Clements and Zomnir,P.C.
Two Gateway Center,7`t'Floor
Pittsburgh,PA 15222
(412)394-5400
AMENDED AND RESTATED MEMORANDUM OF
GROUND LEASE AGREEMENT FOR COMMUNICATIONS TOWER
(incorporating and superseding prior Memorandum)
[Pine Ridge II]
THIS AMENDED AND RESTATED MEMORANDUM OF GROUND LEASE
AGREEMENT FOR COMMUNICATIONS TOWER(this "Restated Memorandum") is entered into
on this day of , 2016,by and between CCATT 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 Cingular Wireless PCS, LLC and Lessor entered into that certain Ground
Lease Agreement for Communications Tower dated the 8th day of June, 2010, which was assigned to
CCATT LLC pursuant to that certain Membership Interest Assignment and Assumption Agreement dated.
December 16,2013;and
WHEREAS, Crown Castle Towers 06-2 LLC, a Delaware limited liability company and Lessor
entered into that certain First Amendment to Ground Lease Agreement for Communications Tower dated
the 26th day of January, 2016 and that certain Memorandum of Ground Lease Agreement for
Communications Tower dated the 26th day of January,2016(the"Original Memorandum"); and
'WHEREAS, Lessor and Lessee subsequently entered into that certain Amended and Restated
First Amendment to Ground Lease Agreement for Communications Tower dated the day of
, 2016 (Ground Lease Agreement for Communications Tower, First Amendment
to Ground Lease Agreement for Communications Tower, and the Amended and Restated First
Amendment to Ground Lease Agreement for Communications Tower will hereinafter be collectively
referred 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
Collier County,Florida,being described as Tax Parcel Number 36765520006,and being further described
on Exhibit A attached hereto(the"Premises");and
Site Name: Pine Ridge II - 1 -
Loc ID: 81682623
BUN: 85750g-
(B2475174 1)
57506_(82475174.1)
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5/24/2016 16.E.4.
WHEREAS, the Parties desire to enter into this Restated Memorandum correct, amend, and
restate the Original 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:
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 Restated Memorandum evidences Lessor's lease,and grant,to Lessee of the
Premises.
4. The Lease Agreement commenced March 5, 2011, and will continue for a 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 Restated 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 tI -2-
Loc ID: 8168 2623
BUN: 857506-
(B24751741)
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IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Amended and Restated
Memorandum of Ground Lease Agreement for Communications Tower the day and year first above
written.
AS TO THE LESSOR:
DATED: BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E.BROCK,Clerk BY:
DONNA FIALA,Chairman
By:
,Deputy Clerk
ATTEST:
Approved as to form and legality: DWIGHT E. BROCK, Clerk
By:
Jennifer A.Belpedio
Assistant County Attorney
ACKNOWLEDGEMENT
STATE/COMMONWEALTH OF .•
: SS:
COUNTY OF
1, , a Notary Public within and for the State/Commonwealth of
, duly commissioned and acting, do hereby certify that on this day of
.2016,personally appeared before me , 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 Chairman of the Board of County
Commissioners, Collier County, Florida,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 its voluntary 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 Notary Public the day and year above written.
My Commission Expires:
Notary Public
[SIGNATURE PAGE TO MEMORANDUM OF FIRST AMENDMENT OF GROUND LEASE FOR COMMUNICATIONS TOWER]
[PINE RIDGE II]
Site Name: Pine Ridge II -3 _ Approved as to form and legality
Loe1D: 81682623
BUN: 857506_
;1124751741)
Assistant County Attorney 0.91 1,4
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5/24/2016 16.E.4.
LESSEE:
CCATT LLC,
a Delaware limited liability company
Witness
By:
Witness
Print Name:
Print Title:
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 day of , 2016, personally appeared
before me , of CCATT 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 (s)he is the
, of CCATT LLC, and, as such, is a duly
certified individual who may enter into agreements on behalf of that entity. Moreover,(s)he has acknowledged that
the entity has executed the same as its voluntary act and deed and was voluntarily executed by (her)himself, on
behalf of said entity, for the uses,purposes and consideration therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public the day and year above written.
Notary Public My Commission Expires: 11/13/18
[SIGNATURE PAGE TO MEMORANDUM OF FIRST AMENDMENT OF GROUND LEASE FOR COMMUNICATIONS TOWER]
[PINE RIDGE III
[
Site Name: Pine Ridge II -4-
Lac ID: 81682623
BUN: 857506_
(82475174.1)
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5/24/2016 16.E.4.
EXHIBIT A
DESCRIPTION OF PREMISES
Page 1 of 2
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
1893,Page 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]
(82475114.1)
Packet Page-1156-
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Packet Page -1157-
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16E I
FIRST AMENDMENT
TO GROUND LEASE AGREEMENT FOR COMMUNICATIONS TOWER
THIS FIRST AMENDMENT TO G UD LE SE AG EM NT FOR
COMMUNICATIONS TOWER, entered into this , f�'ay of ti'-
IRE, 201 iQ at Naples,
Collier County, Florida by and between Crown Castle Towers 06-2 LC, a Del ware limited liability
company and subsidiary of Crown Castle USA Inc., whose principal mailing ad ss 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,
3335 East Tamiami Trail,Naples,Florida 34112,hereinafter referred to as"LESSOR".
WITNESSETH
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 ($10.00) and other valuable consideration, the Lease is hereby
amended as follows:
1. Article 1 of the Lease is hereby deleted in its entirety and the following provision is substituted in its
place:
ARTICLE 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 flapless 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
(8228$112 21
Packet Page -1158-
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1 6E 1
for LESSOR'S shared use.LESSEE shall pay the cost of LESSOR'S monthly electric service at this site
by providing two 30 AMP breakers. LESSOR shall be responsible for the cost of purchasing its own
antenna and for installing and operating its antenna.
LESSEE shall be responsible for all costs associated with the maintenance and replacement of the
Tower throughout the Iife 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 Iight 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 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;
(c) LESSEE'S securing appropriate approvals for LESSEE'S intended use of its Tower on the Demised
Premises from the Federal Communications Commission,the Federal Aviation Administrator, and any
other federal, state or local regulatory agency having jurisdiction over LESSEE'S proposed use of the
Tower;and
(82245112,2) 2
Packet Page -1159-
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4/2016 1 E 4
16E I.
(d) In the event of a failure of any of the above referenced conditions precedent within 180 days of
execution of this Amendment, LESSEE may terminate this Agreement through written notice to
LESSOR and by restoring the Demised Premises to its condition as of the date of the execution of this
Agreement.
(e) LESSEE shall inform Lessor,in writing,regarding the title report,geotechnical report and analysis,
environmental audit,and obtaining required 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 aboves-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. 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.
2 ARTICLE 13 of the Lease is hereby deleted in its entirety and the following provision is
substituted in its place:
ARTICLE 13. Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing
delivered to the other party at the following addresses,or changes thereto which have been notified to the
other party:
LESSEE:
Manager Tower Development Implementation
Crown Castle Towers 06-2 LLC
2000 Corporate Drive
Canonsburg,Pennsylvania 15317
LESSOR:
Board of County Commissioners
c%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.
(82212112,2) 3
7.
Packet Page -1160-
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16E I
IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First Amendment to
Ground Lease Agreement for Communications Tower the day and year first above written.
AS TO THE LESSEE:
DATED: \ 45-
By:
.- B .
All'
Witness(si ature) to •N GLIVIC
Manager Tower Development Implementation
(prin e)
'464 4114.41-14
Witness(signature)
Rii-•DboCk- ,vee
(print name)
AS TO THE LESSO
DATED: f' BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY FLORIDA
404,
DVT :$ROti,Clerk BY:
0,06a1
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• � st ; !_� ��� 'aC_ vie° 11 �� ( i',
A '8StO a1 1+�r_, te. ty r k
signet{from•.
eel
Approved as to form and legality:
CA*1211'5(4.r
Jennifer A.Belpedio ,,4.I ' !
Assistant County Attorney , '
{82285112.2) 4
Packet Page-1161-
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EXHIBIT"A"
Site Sketch
[See attached!
182213112 2) 5
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EXHIBIT"B"
Short Form Tower License Agreement
[See attached[
)B2285112.2) 6
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5/24/2016 16.E.4.
16L. I
CROWN
cr.
, CASTLE
Customer Site Name: Crown Site Name:
Customer Site No.: JDE Business Unit:
License Identifier:
SHORT FORM TOWER LICENSE AGREEMENT
(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)1 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 covenants 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 Licensor's interest in the real property of which
the Site forms a part through a Conveyance.
"AM Detuning Study" A study to determine whether measures must be taken to avoid
disturbance of an AM radio station signal pattern,as described in Section 23 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, sheriff's or trustee's sale under the power of sale
contained in the Security Instrument, the termination of any superior lease of the Site and any
other transfer,sale or conveyance of the Licensor's interest in the property of which the Site forms
a part under peril of foreclosure or similar remedy,including,without limitation to the generality
of the foregoing,an assignment or sale in lieu of foreclosure or similar remedy.
"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 -1165-
16E 1
Customer Site Name: Crown Site Name:
Customer Site Number: .IDE Business Unit:
License Identifier:
"Government Entity" Any federal, state or local governmental unit or agency thereof with
jurisdiction applicable to the Site.
"Intermodulation Study" A study to determine whether an RF interference problem may arise,
as described in Section 2.3 below.
"Intermodulation Study Fee" The fee payable by Licensee to Licensor to defray Licensor's
costs incurred in preparing or obtaining an Intermodulation Study. The amount of the Fee shall be
reasonably commensurate with the scope and complexity of the subject Intermodulation Study.
"Lender" Any and all lenders,creditors,indenture trustees and similar parties.
"Licensed Space" That portion of the Site which is licensed to Licensee hereunder.
"Licensee" The 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 ($ ) to defray Licensor's costs incurred in evaluating a Site Engineering
Application.
"Prime Lease" The lease(s),sublease(s)or other prior agreement(s)or instrumem(s)(e.g.,deed)
from which Licensor derives its rights in the Site and/or which contain(s)restrictions on use of the
Site,as described in Article 18 below.
"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 by Licensor and which contains the Licensed Space.
"Site Application Fee" The fee paid by Licensee to Licensor to evaluate a Site Engineering
Application to determine whether the tower and Site have sufficient capacity to accommodate the
Equipment.
"Site Engineering Application" The application form(as may be amended by Licensor from
time to time),which shall be submitted to Licensor by Licensee when Licensee desires to apply
for a license to install or make a Modification to Equipment. The approved Site Engineering
Application is attached to,and incorporated into,this Agreement as part of Exhibit B.
Prepared by:
Prepared on: 2
CROWN CASTLE STANDARD FORM TLA 2-12-07
Packet Page-1166-
1 6E J.
Customer Site Name: Crown Site Name:
Customer Site Number: .IDE Business Unit:
License Identifier:
"Site Plan" The site plan referred to in Section 2.2 below,a copy of which is attached hereto as
Exhibit C.
"Site Rules" The"Site Rules"or its successor,issued by Licensor from time to time,as described
in Section 2.2 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
requirements.
"Structural Analysis Fee" The fee payable by Licensee to Licensor in the amount of
Dollars($ )to defray Licensor's costs incurred with respect to its performance of a Structural
Analysis.
"Subsequent Use" Any installation or modification to Licensor's or another user's equipment
subsequent to the installation or modification of the Equipment as described in Section 6.1 below.
"Term" The term of this Agreement,as set forth in Article 4 below.
"Term Commencement Date" The date on which this Agreement is fully executed by the
parties hereto.
"Tower Level Drawing" The tower level drawing referred to in Section 2.2 below,a copy of
which is attached hereto as part of Exhibit B.
"Work" The installation of Equipment or construction of an approved Modification to
Equipment at the Site,as set forth in Section 2.5 below.
2. SITE.LICENSE.EOUIPMENT.LICENSED SPACE.APPLICATION FOR MODIFICATIONS,
CONDITIONS PRECEDENT
2.1 The Site. The Site consists of that certain parcel of property, located in the [Municipality] of
the County of ,and the State of ,which is described in Exhibit A hereto.
2.2 License to Install,Operate and Maintain the Equipment. Licensor hereby grants a license to
Licensee to install,operate and maintain the Equipment at the Site within the Licensed Space,as such Equipment
and Licensed Space is described in, and subject to, the approved Site Engineering Application and Tower Level
Drawing attached hereto as Exhibit B and as shown in the Site Plan attached hereto as Exhibit C. Such license is
subject to the Site Rules and is restricted exclusively to the installation,operation and maintenance 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 within one hundred eighty(180)days of commencement of its initial installation of Equipment,the right to install
any such antennas and lines not installed shall be deemed waived, with no reduction of the Basic Payment. No
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 Fee. A Structural
Analysis, AM Detuning Study or an Intermodulation Study may be required by Licensor in connection with a
proposed Modification, and Licensee will be liable for the cost thereof. Any approved Modification shall be
Prepared by:
Prepared on: 3
CROWN CASTLE STANDARD FORM TLA 2-12-07
Packet Page-1167-
1 6E 1.
Customer Site Name: Crown Site Name:
Customer Site Number: .IDE Business Unit:
License Identifier,
evidenced by an amendment to this Agreement, and the Site Engineering Application approved by Licensor
describing the Modification shall be an exhibit to said amendment.
2.4 Conditions Precedent to Installation of Equipment or Modification. Notwithstanding
anything 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 arc satisfied:(i)Licensor has received
any written consent required under the Prime Lease to allow Licensor to license the Licensed Space to Licensee;
(ii)a Site Engineering Application has been approved by Licensor,(iii)tlx 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 by Licensor to perform the Work in accordance with Section 2.5,Licensee shall provide
to Licensor all Closeout Documentation within forty-five(45)days of completion of the Work:provided,however,
in the event that Licensee fails to provide to Licensor said Closeout Documentation within said forty-five(45)day
period, Licensee shall pay to Licensor Dollars (S ) for the purpose of defraying Licensor's costs
associated with preparation of the Closeout Documentation required hereunder.
3. ACCESS,USE OF SITE
3.1 Access to Site. Licensor hereby grants to Licensee a non-exclusive license for pedestrian and
vehicular ingress to and egress from the Site over the designated access area to the Site as described in Exhibit A,
on a 24 hour per day, 7 day per week basis, subject, however, to any restrictions in the Prime Lease or any
underlying easement,for the purposes of maintaining,operating and repairing the Equipment,together with license
to maintain, operate and repair utility lines, wires, cables, pipes, lines, or any other means of providing utility
service, including electric and telephone service,to the Licensed Space. Licensor shall have no duty to remove
snow or otherwise maintain the access area.
3.2 Authorized Persons; Safety of Personnel. Licensee's right of access shall be 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-1168-
Customer Site Name: Crown Site Name:
Customer Site Number: JDE Business Unit:
License Identifier:
emergency,in which event Licensee shall provide notice within twenty-four(24)hours following such emergency
access. For the purposes hereof,an emergency shall be deemed to be a situation that reasonably appears to present
an imminent risk of bodily injury or property damage.
3.4 Licensee's Use of the Site. Licensee shall use the Licensed Space at the Site to install,operate
and maintain only the Equipment and shall transmit and receive only within the FCC licensed frequency ranges and
at the power levels specified herein.
3.5 Permits,Authorizations and Licenses. Licensee shall be solely responsible for obtaining,at its
own expense,all permits, authorizations and licenses associated with its occupancy of Licensed Space at the Site
and utilization of Equipment thereon and shall promptly provide copies thereof to Licensor.
3.6 Zoning Approval. Licensee must provide Licensor with copies of any zoning application or
amendment that Licensee submits to the applicable zoning authority in relation to its installation or modification of
Equipment at the Site, at least severity-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 and/or(ii)require revisions to any such zoning application or amendment. Licensor also reserves the
right, prior to any decision by the applicable zoning authority,to approve or reject any conditions of approval,
limitations or other obligations that would apply to the owner of the Site or property,or any existing or future Site
licensee, as a condition of such zoning authority's approval;provided,however,Licensor shall not unreasonably
withhold or delay approval of any such conditions of approval,limitations or other obligations. Licensee agrees that
any Modification,or change in use of the Licensed Space,as approved herein,requires an amendment hereto which
may entitle Licensor to compensation. Licensee shall be solely responsible for all costs and expenses associated
with(i)any zoning application or amendment submitted by Licensee,(ii)making any improvements or performing
any other obligations required as a condition of approval with respect to same and(iii)any other related expenses.
3.7 Utilities. Licensee shall pay for all electricity and other utilities it uses. If separate metering is
unavailable,Licensee shall pay a share of such costs as allocated by 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 Lease(the"Term").
5. PAYMENTS
Any payments due hereunder shall be made by check payable to Please pick from the list of Crown
Operating Entities,PO Box 203127,Houston,TX 77216-3127. Licensee shall include the IDE Business Unit No.
on or with 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 property adjacent to the Site controlled or owned by Licensor,whose equipment is installed
or modified subsequently to Licensee's Equipment("Subsequent Use"), shall permit their equipment to interfere
with Licensee's permitted transmissions or reception. In the event that Licensee experiences RF interference caused
by such Subsequent Use,Licensee shall notify Licensor in writing of such RF interference and Licensor shall cause
the party whose Subsequent Use is causing said RF interference to reduce power and/or cease operations in order to
correct and eliminate such RF interference within seventy-two(72)hours after Licensor's receipt of such notice. In
the event Licensor is notified of any RF interference experienced by Licensee alleged to be caused by a Subsequent
Use,the entity responsible for the Subsequent Use shall be obligated to perform(or cause to be performed)whatever
actions are commercially reasonable and necessary at no cost or expense to Licensee to eliminate such RF
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Customer Site Name: Crown Site Name:
Customer Site Number: JDE Business Unit:
License Identifier:
interference. Licensor further agrees that any licenses or other agreements with third parties for a Subsequent Use
will contain provisions that similarly require such users to correct or eliminate RF interference with Licensee's
operation of its Equipment following receipt of a notice of such interference.
6.2 Interference by Licensee. Notwithstanding any prior approval by Licensor of Licensee's
Equipment, Licensee agrees that it will not allow its Equipment to cause RF interference to Licensor and/or other
pre-existing uses of users of the Site in excess of levels permitted by the FCC. If Licensee is notified in writing that
its operations are causing such RF interference,Licensee will immediately take all necessary steps to determine the
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 RF 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 workers or the public to RF radiation in excess of the then-existing regulatory
standards.
9. LIENS
Licensee shall keep the Licensed Space,the Site and any interest it or Licensor has therein free from any
liens arising from any work performed,materials 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 indemnify,defend and hold the other party,its affiliates,subsidiaries,directors,officers,
employees and contractors, harmless from and against any claim, action,damages,liability,loss,cost or expense
(including reasonable 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
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Customer Site Name: Crown Site Name:
Customer Site Number: JDE Business Unit:
License Identifier.
or on behalf of Licensee(other than independent contractors,which must provide coverage specified by Licensor)
shall obtain the following insurance coverage;(i)Statutory Workers'Compensation including$500,000 Employers'
Liability;(ii)Comprehensive General Liability including personal injury,broad form property damage,independent
contractor, XCU and products/completed operations with limits not less than $2,000,000 per occurrence;
(iii)Automobile Liability with limits not less than$1,000,000 per occurrence;and(iv)Fire and extended coverage
insurance on all of Licensee's improvements at the Site including all of Licensee's Equipment and other personal
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(180)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 taken under the power of eminent domain,
Licensor and Licensee shall be entitled to assert their respective claims in accordance with applicable state law.
13. DEFAULT.REMEDIES.WAIVER OF CONSEOUENTIAL 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;provided,however,such thirty
(30)day cure period shall be 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
party shall commence any cure within the thirty (30)day period and thereafter continuously and diligently pursue
and complete such cure. All delinquent amounts shall bear interest at the lesser of one and one-half percent(1 '/2%)
per month, or the maximum amount permitted by law. Except as otherwise provided in this Agreement, neither
party shall be liable to the other for consequential,indirect,special,punitive or exemplary damages for any cause of
action whether in contract,tort or otherwise,hereunder.
14. USE OF HAZARDOUS CHEMICALS
Licensee must inform Licensor if it will house batteries or fuel tanks at the Site. The use of any other
hazardous chemicals at the Site requires Licensor's prior written approval. Licensee agrees to provide to Licensor
no later than each January 15th,an annual inventory of its hazardous chemicals at the Site.
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Customer Site Name: Crown Site Name:
Customer Site Number: JDE Business Unit:
License Identifier.
IS. GOVERNING LAW,VENUE
The laws of the state where the Site is located, regardless of conflict of law principles,shall govern this
Agreement,and any dispute related to this Agreement shall be resolved by arbitration or litigation in said state.
16. ASSIGNMENT.SUBLEASE,SHARING
This Agreement may not be sold,assigned or transferred,in whole or in part,by Licensee without the prior
written approval or consent of Licensor, which consent may be withheld at Licensor's sole discretion. Any such
assignment shall be evidenced by a form provided by Licensor and executed by Licensor,Licensee and the assignee.
Licensee shall not sublease or license its interest in this Agreement, either directly or through subsidiaries or
affiliated entities. Licensee shall not share the use of its Equipment with any third party.
17. NOTICES
All notices hereunder shall be in writing and shall be given by (i) established express delivery service
which maintains delivery records, (ii) hand delivery or (iii) certified or registered mail, postage prepaid, return
receipt requested. Notices may also be given by facsimile transmission,provided the notice is concurrently given by
one of the above methods. Notices are effective upon receipt,or upon attempted delivery if delivery is refused or if
delivery is impossible.The notices shall be sent to the parties at the following addresses:
As to Licensee:
Telephone Number.
Facsimile Number:
As to Licensor Please pick from the list of Crown Operating Entities
2000 Corporate Drive
Canonsburg,PA 15317
Attention: Legal Department
Telephone Number (724)416-2000
Facsimile Number: (724)416-2353
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 use of the She 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 bound by and to
perform all of the duties and responsibilities required of the lessee,grantee or Iicensee as set forth in the Prime Lease
to the extent they are applicable to the access to and use of the Site.
19. TERMINATION
19.1 Withdrawal or Termination of Approval or Permit. In the event any previously approved
zoning or other permit of a Government Entity affecting the use of the Site as a communications facility is
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.
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Customer Site Name: Crown Site Name:
Customer Site Number: „IDE Business Unit:
License Identifier.
19.2 Termination of Prime Lease. In the event that the Prime Lease terminates for any reason,this
Agreement shall be deemed to have terminated effective as of the date of the termination of the Prime Lease.
20. NO WAIVER
No provision of this Agreement will be deemed to have been waived by either party unless the waiver is in
writing and signed by the party against whom enforcement is attempted.
21. NON-DISCLOSURE
The parties agree that except to the extent required by law,without the express written consent 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 be reasonably necessary with respect to the operation,leasing,licensing and marketing of the Site,including,
without limitation,terms relating to Licensee's permitted frequencies for the purposes of RF compliance tests and
terms relating to Licensee's Equipment installed, or to be installed, on the tower for the purposes of structural
analysis.
22, SUBORDINATION,NON-DISTURBANCE,ATTORNMENT
22.1 Subordination. Subject to Section 22.2,this Agreement and Licensee's rights hereunder arc and
will be subject and subordinate in all respects to: (i) the Security Instrument from Licensor in favor of Lender
insofar as the Security Instrument affects the property of which the Site forms a part;(ii)any and all advances to be
made thereunder,and(iii)any and all renewals,extensions,modifications,consolidations and replacements thereof.
Said subordination is made with the same force and effect as if the Security Instrument had been executed prior to
the execution of this Agreement.
22.2 Non-Disturbance. The subordination described in Section 22.1 is conditioned upon the
agreement by Lender that,so long as this Agreement is in full force and effect and Licensee is not in material default
(beyond applicable notice and cure periods)hereunder,Lender,for itself and on behalf of its successors in interest,
and for any Acquiring Party,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 Liability of Parties.Licensee and Licensor agree(i)that any Conveyance shall be made subject to
this Agreement and the rights of Licensee hereunder and(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 Lender or any Acquiring Party shall not be liable for any act or omission of
Licensor or any other predecessor-in-interest to Lender or any Acquiring Party. Licensee agrees that Lender may
join Licensee as a party in any action or proceeding to foreclose,provided that such joinder is necessary to foreclose
on the Security Instrument and not for the purpose of terminating this Agreement.
22.4 Attornment. Licensee agrees that,upon receipt by Licensee of notice to attom from Lender or
any Acquiring Party,along with reasonable supporting documentation,(i)Licensee shall not seek to terminate this
Agreement and shall remain bound under this Agreement, and(ii)Licensee shall attom 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
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Customer Site Name: Crown Site Name:
Customer Site Number: JDE Business Unit:
License Identifier:
the request of Lender or any Acquiring Party any reasonable instrument which may be necessary or appropriate to
evidence such attornment.
[Remainder of Page Intentionally Left Blank]
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Customer Site Name: Crown Site Name:
Customer Site Number: JDE Business Unit:
License Identifier:
IN WITNESS WHEREOF,the parties hereto have set their hands and affixed their respective seals the day
and year first above written.
Licensor
Please pick from the list of Crown Operating Entities
By: Date:
Print Name:
Title:
Area:
Licensee
[INSERT NAME OF LICENSEE]
By: Date:
Print Name:
Title:
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Customer Site Name: Crown Site Name:
Customer Site Number: JDE Business Unit:
License Identifier:
EXHIBIT A to Short Form Tower License Agreement
SITE AND ACCESS AREA LEGAL DESCRIPTIONS
(insert metes and bounds description of Site and access area here)
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16E I
Customer Site Name: Crown Site Name:
Customer Site Number: *IDE Business Unit:
License Identifier:
EXHIBIT B to Short Form Tower License Agreement
APPROVED SITE ENGINEERING APPLICATION AND TOWER LEVEL DRAWING
(insert approved Site Engineering Application and CAD-generated Tower Level Drawing
describing the antenna(s)on the tower structure and all other Equipment,including their
locations,here)
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CROWN CASTLE STANDARD FORM TLA 2-12-07
Packet Page-1177-
+aa,+"m3'.Kta3skfuA nt n.d s.r.,�Evy eve.,. .:5452x+&tiG'#t"J.>it-�..<t,wyg, .;tai±¢`,gyp-5F3s&z#'-�a ",`�,'m=•,.#,4So.. 'n,..waS-.`.a«T't7Rg` s2n Ak<.: .`u ?`�`e < .3e., .'L°`. ei.vn.'w'e'°,.w'd:.sm ser;#:R rmi ... __ .,., _. 'w,:::
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Customer Site Name: Crown Site Name:
Customer Site Number: JDE Business Unit:
License Identifier.
EXHIBIT C to Short Form Tower License Agreement
SITE PLAN;LOCATION AND DIMENSIONS(LENGTH,WIDTH,HEIGHT)
OF EQUIPMENT BUILDING/FLOOR SPACE
AND ANY OTHER INSTAIJ ATION AT THE SITE
(insert equipment cabinet and generator(if any)location here)
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Customer Site Name: Crown Site Name:
Customer Site Number: JDE Business Unit:
License Identifier:
EXHIBIT D to Short Form Tower License Agreement
PRIME LEASE AGREEMENT
(insert a copy of the ground lease here)
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AFTER RECORDATION,PLEASE RETURN TO:
ATTN: Christian A.Farmakis
Babst,Calland,Clements and Zomnir.P.C.
Two Gateway Center,76 Floor
Pittsburgh,PA 15222
(412)394-5400
MEMORANDUM OF GROUND LEASE AGREEMENT
FOR COMMUNICATIONS TOWER
[Pine Ridge II]
THIS MEMORANDUM OF GROUND LEASE AGREEMENT FOR
CO CATIONS TOWER (thi "Memorandum") is entered into on this 7 it day
of �1�Lc..A-�i.. , 201jq 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 Cingular 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 Agree ent for Communications Tower dated the tom"'day of
d'�t4w , 201r, (Ground Lease Agreement for Communications Tower and First
Amendment Ground Lease Agreement for Communications Tower will hereinafter be
collectively referred 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 II - 1 -
Loc ID: 81682623
BUN: 857506_
(32302612.1)
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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: 857506_
1B2302612.TJ
.�f
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IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Memorandum of Ground
Lease Agreement for Communications Tower the day and year first above written.
AS TO THE LESSOR:
DATED: ` ; ,,.1; ' o/ + BOARD OF COUNTY COMMISSIONERS,
;:... COLLIER COUN LORIDA
ATI' T L ' /�
D GIRT .BRA• Clerk BY: 44.
BES, 1 • �� ,fid/ /.,4 CA-
' 1 4 e 4 i 4/)24-4, Sr. / t ,r}+'d�+•�+�✓
est s
•-putyClerk
Approved as to form and I- :
04'C. , °°tCtic
JennifeI io .3 1Z 19\
Assistant County Attorney 120.
ACKNOWLEDGEMENT
STATE/COMMONWEALTH OF •
SS:
COUNTY OF
I, , a Notary Public in and for the State/Commonwealth of
, duly commissioned and : ' do hereby certify that on this day
of , 2015, personally =• - -d before me , to me
personally known to be the person who sign e foregoing instrument, and who, being by me duly
sworn and being informed of the contents o ='d instrument,stated and acknowledged under oath that he
is the Chairman of the Board of Coun •mmissioners, Collier County,Florida,and,as such, is a duly
certified individual who may e into agreements on behalf of that entity. Moreover, he has
acknowledged that the entity executed the same as its voluntary act and deed and was voluntarily
executed by himself,on be, f of said entity, for the uses, purposes and consideration therein mentioned
and set forth.
WITNE my hand and seal as such Notary Public the day and year above written.
My Commission Expires:
Mita, ' blic
[SIGNATURE PAGE TO MEMORANDUM OF FIRST AMENDMENT OF GROUND LEASE FOR COMMUNICATIONS TOWER]
[PINE RIDGE IT]
Site Name: Pine Ridge II -3
Loc ID: 8168_2623
BUN: 857506
(B2302612 I)
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LESSEE:
CROWN CASTLE TOWERS 06-2 LLC,
57-1.\147,9 a Delaware limited :' company
Witness 1
ii"17411,14416n)—L-' By: AMP"
Witness Name• urian livic
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 Arta day of Mlle 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 its voluntary 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 Notary Public the day and year above written.
Notary Public My Commission Expires: 11/13/18
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Sheila Osborne.Notary Pubic
Canonsburg Sara Washington County
My Commission Exp.rss Nov,13,2013
riEYSER,PEMMSYLVArA ASSOCATMNr Of NOIAR4£S
[SIGNATURE PAGE TO MEMORANDUM OF FIRST AMENDMENT OF GROUND LEASE FOR COMMUNICATIONS TOWER[
[PINE RIDGE III
Site Name: Pine Ridge II -4-
L.oc ID: 8168_2623
BUN: 857506
1E121026121)
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EXHIBIT A
DESCRIPTION OF PREMISES
Page 1 of 2
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
1893,Page 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]
(B23O2612.1)
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