Backup Documents 11/18/2014 Item #16E8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP .1 6E
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office 1 Opo14
4. BCC Office Board of County 7
Commissioners N1144/ tZ\7 \ -\
5. Minutes and Records Clerk of Court's Office
c2-(021r1( 3:2e-celv,
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information. •
Name of Primary Staff SUE JIM ZIMMERMAN F 0c wg, Phone Number 252-2622
Contact/ Department
Agenda Date Item was NOVEMBER 18,2014 Agenda Item Number 16E8
Approved by the BCC _
Type of Document SECOND AMENDMENT TO LICENSE Number of Original 1
Attached AGREEMENT Documents Attached
PO number or account
number if document is YA/c7`.
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
I. Does the document require the chairman's original signature? SJZ �J
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A{/
provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SJZ
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N l�
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the SJZ V
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SJZ
signature and initials are required. f
7. In most cases(some contracts are an exception),the original document and this routing slip N/A ✓
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on November 18,2014 (enter date)and all SJZ 1� e E
changes made during the meeting have been incorporated in the attached document.
The County Attorney's Office has reviewed the changes, if applicable. .11-WitiTe
9. Initials of attorney verifying that the attached document is the version approved by the
1
BCC, all changes directed by the BCC have been made, and the document is ready for the *4V144076,4
Chairman's signature. , ..
L Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 6 E8
• "'- • Memorandum
-()(jN'\
TO: Minutes & Records Management
FROM: Sue Zimmerman
Sr. Property Acquisition Specialist 5
-dr
Real Property Management
DATE: November 25, 2014
RE: Summit Broadband License for parcel at Pelican Bay Utility Site
Project No. 700462.9.2
Agenda Item 16E8, November 18, 2014
Item 16E8 was approved on the November 18, 2014 Agenda for approval of a Second
Amendment to License Agreement between the County and Summit Broadband Inc.
Attached please find the original Second Amendment with Summit Broadband's signature on
a counterpart signature page.
Please attest to the Chairman's signature on this document and then return a copy of the fully
executed document to me via email. The original should be maintained by your office for
safekeeping.
Please contact me if you have any questions or comments at Extension 2622.
Thank you.
16E8
SECOND AMENDMENT TO LICENSE AGREEMENT uu �
THIS SECOND AMENDMENT TO LICENSE AGREEMENT entered into this I g day of
lVoUM_Ambe,✓', 2014, by and between SUMMIT BROADBAND INC., a Florida corporation,
whose mailing address is 24017 Production Circle, Bonita Springs, FL 34135, hereinafter
referred to as "LICENSEE", and the BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO
THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose
mailing address is 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, hereinafter
referred to as "LICENSOR".
WITNESSETH
WHEREAS, the LICENSEE and LICENSOR have previously entered into a License
Agreement dated February 25, 2014 ("License Agreement"), and First Amendment to
License Agreement effective July 8, 2014 ("First Amendment");
WHEREAS, the LICENSEE and LICENSOR are desirous of amending that License
Agreement and First Amendment; and
NOW, THEREFORE, in consideration of the covenants and agreements provided
within the said License Agreement, as amended, and Ten Dollars ($10.00) and other
valuable consideration, the License Agreement is hereby amended as follows:
1. Article 1.01 of the License Agreement, as amended, is hereby revised in part to
replace Exhibit "A," attached to the License Agreement in its entirety, with the
attached revised Exhibit "A".
2. Article 1 .02 of the License Agreement, as amended, is hereby deleted in its entirety
and the following provision is substituted in its place:
"1 .02 PURPOSE OF AGREEMENT: LICENSOR hereby Licenses the LICENSED AREA
to LICENSEE. This License is not a Franchise under any law, rule, or regulation. The
LICENSED AREA for the purposes of this Agreement shall include: a) the parcel of land
measuring approximately 3,212 square feet, as field verified, for the hub; b) the
additional 10 foot wide parcels from the entrance road and/or adjacent property
owner's property to the hub for installation of the underground cable; and c) the parcel
measuring approximately 10 feet by 140 feet (equaling approximately 1,400 square
feet) for installation of underground electrical conduit. Access to the LICENSED AREA is
granted as provided for herein. If any easement documents require recordation in the
Public Records of Collier County, LICENSEE shall pay all costs associated with the
recordation of same."
3. Except as expressly provided herein, the License Agreement remains in full force and
effect according to the terms and conditions contained therein, and said terms and
conditions are applicable hereto except as expressly provided otherwise herein.
IN WITNESS WHEREOF, the LICENSEE and LICENSOR have hereto executed this
Second Amendment to License Agreement the day and year first above written.
AS TO THE LICENSEE: SUMMIT BROADBAND INC., a Florida
corporation
DATED:
BY:
FRANK MAMBUCA, Div. President
Witness (signature)
Print:
Witness (signature)
Print:
0
16E8
AS TO THE LICENSOR:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND
AS EX-OFFICIO THE GOVERNING BOARD OF THE
ti
COLLIER COUNTY WATER-SEWER DISTRICT
DATEQ: 11 IA `
5.1\JA-Ok-4SSZ--
BY:
t ' Deputy Clerk •M H NNIN r Chair •
Aisi as toa� an s
ApproXd`as:4to'form and legality:
Jennifer A. Belpe �\
k
Assistant County Attorney 13O
item# i‘EF
Agaendabete it 11
Gate
C1'1°)/1/
I1
ltd€-y C'erk
2 s►�
16E8
SECOND AMENDMENT TO LICENSE AGREEMENT
THIS SECOND AMENDMENT TO LICENSE AGREEMENT entered into this II day of
�✓ �, 2014,by and between SUMMIT BROADBAND INC.,a Florida corporation,
whose mailing address is 24017 Production Circle, Bonita Springs, FL 34135, hereinafter
referred to as "LICENSEE", and the BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO
THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose
mailing address is 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, hereinafter
referred to as"LICENSOR".
WITNESSETH
WHEREAS, the LICENSEE and LICENSOR have previously entered into a License
Agreement dated February 25, 2014 ("License Agreement"), and First Amendment to
License Agreement effective July 8,2014 ("First Amendment");
WHEREAS, the LICENSEE and LICENSOR are desirous of amending that License
Agreement and First Amendment;and
NOW, THEREFORE, in consideration of the covenants and agreements provided
within the said License Agreement, as amended, and Ten Dollars ($10.00) and other
valuable consideration,the License Agreement is hereby amended as follows:
I. Article 1.01 of the License Agreement, as amended, is hereby revised in part to
replace Exhibit "A," attached to the License Agreement in its entirety, with the
attached revised Exhibit"A".
2. Article 1.02 of the License Agreement, as amended, is hereby deleted in its entirety
and the following provision is substituted in its place:
"1.02 PURPOSE OF AGREEMENT: LICENSOR hereby Licenses the LICENSED AREA
to LICENSEE. This License is not a Franchise under any law, rule, or regulation. The
LICENSED AREA for the purposes of this Agreement shall include: a) the parcel of land
measuring approximately 3,212 square feet, as field verified, for the hub; b) the
additional 10 foot wide parcels from the entrance road and/or adjacent property
owner's property to the hub for installation of the underground cable:and c)the parcel
measuring approximately 10 feet by 140 feet (equaling approximately 1,400 square
feet) for installation of underground electrical conduit. Access to the LICENSED AREA is
granted as provided for herein. If any easement documents require recordation in the
Public Records of Collier County, LICENSEE shall pay all costs associated with the
recordation of same."
3. Except as expressly provided herein, the License Agreement remains in full force and
effect according to the terms and conditions contained therein, and said terms and
conditions are applicable hereto except as expressly provided otherwise herein.
IN WITNESS WHEREOF, the LICENSEE and LICENSOR have hereto executed this
Second Amendment to License Agreement the day and year first above written.
AS TO THE LICENSEE: SUMMIT BROADBAND INC.,a Florida
corporation
DATED: NH/I4 —or
BY: `✓
FRANK MAMBU' A, Div.President
itne - •ignature)
Print' rck�i Ark1t0' %ieA(il
i ness ignature)
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LINE TABLE L4 ;//:"'Lll
a LINE LENGTH BEARING a
in LI 4823(P) N 53'39'19' E JI Io N
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Co L3 72.04(P) S 53'39'19' W L69_113 co
52.20 L4 13.07 N 60'2D'12' E L12 I I L9
L5 39.04 N 29'49'16' W V I-rs3
L6 7.72 S 60'02'45' W IIW v
L7 53.50 N 17.36'53' E •I IN VD
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L8 9.79 N 11'20'17' W
L9 5.00 S 60'11'10' W ZI1 N
L10 51.88 S 29'39'48' EZ
L11 50.75 N 60'20'12' E iii
L12 13.02 N 29'48'50' W 3
L13 50.96 S 60'11'10' W ,,1I
CO ;y 14
6 COLLIER COUNTY SITE m Iicn PARCEL "M`
'o FORMERLY P,B.I,D, Z I (O.R, 1536,
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NOT A SURVEY
6-27-14 REVISED LICENSE 10-20-14 REVISED SHEET 1 OF 2
for: project:
PELICAN BAY SUMMIT BROADBAND-UTILITY LICENSE
title: date:
SKETCH AND DESCRIPTION OF UTILITY LICENSE FEB.3,2014
"sum scale: book:
■•%•• GNOLI Certificate of Authorization Nos. LB 3864 and EB 3884 1"=120' page:
■ww� Fax; (239)566-2203
iii ARBER & project view:
i =?= no.: 14-0011
immu BRUNDAGE, INC.
Professional engineers, planners, & land surveyors acad: file no:
Collier County: Suite 200, 7400 Tamiami Trail, North; Naples, FL 34108 (239)597-3111 11057 SD 11057
EXHIBIT A
Page I of a ,
1 6E8
LEGAL DESCRIPTION OF A UTILITY LICENSE
PART OF PARCEL '0'
PELICAN BAY UNIT TWO (P.B. 12, PAGES 74-79)
COLLIER COUNTY, FLORIDA
ALL THAT PART OF PARCEL '0', PELICAN BAY UNIT TWO, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 12, PAGES 74-79, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS'
COMMENCING AT THE SOUTHERLY MOST CORNER OF PARCEL 707 PELICAN BAY UNIT TWO AS RECORDED IN PLAT
BOOK 12 PAGES 74 THROUGH 79 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE NORTH 56'44'41' EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL '0' A DISTANCE OF 236.36 FEET
TO THE POINT OF BEGINNING OF A 10,00 FEET WIDE UTILITY LICENSE LYING 5.00 FEET ON EACH SIDE OF
THE FOLLOWING CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS'
THENCE LEAVING SAID SOUTHERLY LINE NORTH 11'50'39' WEST A DISTANCE OF 111.50 FEET TO POINT 'A' AND
THE POINT OF TERMINUS OF THE CENTERLINE HEREIN DESCRIBED;
AND
BEGINNING AT THE AFORESAID POINT 'A' NORTH 60'20'12' EAST A DISTANCE OF 13.07 FEET;
THENCE NORTH 29'49'16' WEST A DISTANCE OF 39.04 FEET;
THENCE SOUTH 60'02'45' WEST A DISTANCE OF 7.72 FEET;
THENCE NORTH 29'48'50' WEST A DISTANCE OF 13.02 FEET;
THENCE SOUTH 60'11'10' WEST A DISTANCE OF 50.96 FEET TO POINT 'B';
THENCE CONTINUING SOUTH 60'11'10' WEST A DISTANCE OF 5.00 FEET;
THENCE SOUTH 29'39'48' EAST A DISTANCE OF 51.88 FEET;
THENCE NORTH 60'20'12' EAST A DISTANCE OF 50.75 FEET TO POINT 'A' AND THE POINT OF BEGINNING OF
THE PARCEL HEREIN DESCRIBED;
AND
BEGINNING AT THE AFOREMENTIONED POINT 'B' SAID POINT BEING THE BEGINNING OF A 10.00 FEET WIDE
UTILITY LICENSE LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING CENTERLINE BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
THENCE NORTH 29'39'48' WEST A DISTANCE OF 127.89 FEET;
THENCE NORTH 17'36'53' EAST A DISTANCE OF 53,50 FEET;
THENCE NORTH 28'43'29' WEST A DISTANCE OF 96.14 FEET;
THENCE NORTH 27'55'34' WEST A DISTANCE OF 170.08 FEET TO POINT 'C';
THENCE CONTINUE NORTH 27'55'34' WEST A DISTANCE OF 95.73 FEET TO POINT '0';
THENCE CONTINUE NORTH 27'55'34' WEST A DISTANCE OF 75.57 FEET;
THENCE NORTH 56'15'03' EAST A DISTANCE OF 147.98 FEET;
THENCE NORTH 49'38'29' EAST A DISTANCE OF 122.30 FEET;
THENCE NORTH 16'29'31' EAST A DISTANCE OF 101.06 FEET;
THENCE NORTH 11'20'17' WEST A DISTANCE OF 9.79 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF
THE PELICAN BAY MAINTENANCE AREA AND THE POINT OF TERMINUS OF THE CENTERLINE HEREIN DESCRIBED.
AND
BEGINNING AT THE AFOREMENTIONED POINT 'C' SAID POINT BEING THE BEGINNING OF A 10.00 FEET WIDE
UTILITY LICENSE LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING CENTERLINE BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
THENCE NORTH 62'04'26' EAST A DISTANCE OF 154.57 FEET TO THE POINT OF TERMINUS OF THE CENTERLINE
HEREIN DESCRIBED.
AND
BEGINNING AT THE AFOREMENTIONED POINT 'D' SAID POINT BEING THE BEGINNING OF A 10.00 FEET WIDE
UTILITY LICENSE LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING CENTERLINE BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
THENCE SOU H 60'04'45' WEST A DISTANCE OF 153.76 FEET;
THENCE NO'IH 68'46'14' WEST A DISTANCE OF 208.35 FEET TO THE POINT OF TERMINUS OF THE CENTERLINE
HEREIN DE•IRIBED.
CONTAININ' A TOTAL OF 19,369 SQUARE FEET MORE OR LESS;
SUBJECT I LICENSES AND RESTRICTIONS OF RECORD.
AGNOLI, =� � BRUNDAGE, INC.
GUY P. AIM' P.S.M. 4390
N 'A NI
1. DIMENSIONS ARE I FEET AND DECIMALS THEREOF. 5. BEARINGS ARE BASED ON PELICAN BAY UNIT, 2 PLAT.
2. P.O.B. = POINT OF' :EGINNING 6. P.B.I.D. = PELICAN BAY IMPROVEMENT DISTRICT
3. P.O.C. = POINT OF COMMENCEMENT 7. (P) = PLATTED
4. P.O.T. = POINT OF TERMINUS 8. REF. OR 3755, PG 2127
6-27-14 REVISED LICENSE 10-20-14 REVISED SHEET 2 OF 2
for: project:
PELICAN BAY SUMMIT BROADBAND-UTILITY LICENSE
title: dote:
SKETCH AND DESCRIPTION OF UTILITY LICENSE FEB. 3,2014
■■■■■ scale: book:
■mn■
mins GNOLI Certificate of Authorization Nos. LB 3804 and EH 3884 N.T.S. page:
::M:: Fax: (239)586-2203
MEMO ARBER & project view:
norm no.:
No ENNI3RUNDAGE, ixc. 14-0011
Professional engineers, planners, Sc land surveyors acad: file no:
Collier County: Suite 200, 7400 Tamiami Trail, North: Naples, FL 34108 (239)597-3111 11057-SD 11057
EXHIBIT .-_
Page a. of