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Backup Documents 07/11/2017 Item #16E 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16E 5 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 tll 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. 1 2. 3. County Attorney Office County Attorney Office 21 �' _ i \�. 4. BCC Office - ' Board of County .1}1-` '' '� Commissioners \/'s S / -( -Z' ---�\%- 5. Minutes and Records Clerk of Court's Office / 11211 n 1.411 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 info ation. I' Name of Primary Staff � � Phone Number C ,? v Contact/ Department /L' io 34/ Agenda Date Item was Item Number Approved by the BCC 7 1/- ) ice E a. Type of Document / Number of Original . Attached i,6i- 1 Or- (-% 'V Documents Attached 3 PO number or account number if document is d 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) Applic hie). I. Does the document require the chairman's original signature? 5 � 0.0 ri iq 2. Does the document need to be sent to another agency for additional signatures? If yes, i- l 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 signed by the Chairman, with the exception of most letters,must be reviewed and signed 443:6 by the Office of the County Attorney. �� 4. All handwritten strike-through and revisions have been initialed by the County Attorney's 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 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 signature and initials are required. ra 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE_' i.(/P‘ 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 bythe BCC onl-it•tl(enter date)and all changes made �p� 44.111),.= during the meeting have been incorporated in the attached document.. The County v 42 �r Attorney's Office has reviewed the changes, if applicable. 'milia`t. 9. Initials of attorney verifying that the attached document is the version approved by the :4% w,.,t BCC,all changes directed by the BCC have been made, and the document is ready for the 'j`'63a-lO Chairman's signature. 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 126.05,Revised 2.24.05;Revised 11/30/12 16E5 "' " Memorandum �1 el OAVP 1 -(-)1 ♦ To: Virginia Neet Legal Assistant Office of the County Attorney From: Michael Dowling Senior Property Management Specialist Real Property Management Date: July 25, 2017 Subject: Right of Entry for Verizon Wireless — THREE COPIES BCC: July 11, 2017, Item 16 E 5 Attached please find the referenced document which requires the Chairman's signature or stamped signature. The tenant is only signing and processing the Right of Entry now in order to perform their due diligence at the leased space. If their report is favorable, Verizon will sign and send me the lease, which was part of this agenda item, for the Chairman's signature. The tenant is asking that the first page be dated on the day the BCC signs the document since the start date of the contract is the last day signed by either party. I explained that the July 11, 2017 date must appear by the Chairman's signature. I discussed entering today's date with Attorney Jennifer Belpedio and she said as long at Minutes and Records is fine with today's date on the first page, she is ok with it as well. The tenant replaced the first page since I dated it July 11, 2017. I have attached the approved first page to show that no revisions have been made to that page. I have also attached a memo to Minutes and Records. Please contact me at extension 8743 with any questions. Thank you. Attachments as stated 16E 5 7(1*of /4 Memorandum To: Minutes and Records Clerk to the Board From: Michael Dowling 'j Senior Property Management Specialist Real Property Management Date: July 25, 2017 Subject: Right of Entry for Verizon Wireless -- THREE COPIES BCC: July 11, 2017, Item 16 E 5 Please attest and provide me with two originals and an electronic copy of the referenced document. The tenant is only signing and processing the Right of Entry now in order to perform their due diligence at the leased space. If their report is favorable, Verizon will sign and send me the lease, which was part of this agenda item, for the Chairman's signature. You may retain one of the originals for your records. Please contact me at extension 8743 with any questions. Thank you and best regards, Michael 16E 5 MEMORANDUM Date: July 27, 2017 To: Michael Dowling, Property Acquisition Specialist Facilities Management Department From: Martha Vergara, Deputy Clerk Boards Minutes & Records Department Re: Right of Entry Agreement Verizon Wireless Personal Communications, LP Attached is two (2) copies of the agreement referenced above (Item #16E5), approved by the Board of County Commissioners on Tuesday, July 11, 2017. The Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16 E Licensee Site Name: Collier County EMS & Collier County EMS Node Licensee Site Number: 9009057 & 9048101 RIGHT OF ENTRY AGREEMENT THIS RIGHT OF ENTRY AGREEMENT ("Agreement"), made as of the day of Jc,_ ! 2017, between VERIZON WIRELESS PERSONAL COMMUNICATIONS LP, a Delaware limited partnership d/b/a Verizon Wireless, with an address at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("VERIZON WIRELESS") and COLLIER COUNTY, a political subdivision of the State of Florida, whose principal place of business is c/o Real Property Management, 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 (hereinafter referred to as "LICENSOR"). WITNESSETH: WHEREAS, LICENSOR owns or has the rights to certain real property in Collier County, Florida as identified in Exhibit A attached hereto and incorporated herein (the "Site"), and has the authority to grant the access permitted by this agreement, to the Site where VERIZON WIRELESS desires to construct a communications tower or collocate on an existing structure and to install related equipment; WHEREAS, VERIZON WIRELESS and LICENSOR are in the process of negotiating an agreement for the lease or purchase of the Site, and in order for VERIZON WIRELESS to determine the viability and feasibility of the Site, VERIZON WIRELESS desires to enter upon and inspect the Site and/or to temporarily locate communications equipment on the Site to conduct short term radio propagation tests such that it can determine the suitability of the Site for its intended use; WHEREAS, as an accommodation to VERIZON WIRELESS, LICENSOR is willing to grant permission to VERIZON WIRELESS, its employees, agents or contractors, to enter onto the Site in order to conduct such investigations, under the terms and conditions stated herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally hound, the parties hereto agree as follows: 1. LICENSOR grants to VERIZON WIRELESS a right of entry and license to enter upon the Site as identified on Exhibit A attached hereto and incorporated herein to conduct and perform boundary surveys, tree surveys, environmental testing, and radio propagation studies (the "Permitted Activities"). VERIZON WIRELESS' entry rights are specifically limited to the Permitted Activities and to the Site and shall not include any other activities or any other portion of the real property surrounding the Licensee Site Name: Collier CountyEMS & Collier CountyL oL 5 Licensee Site Number: 9009057 & 9048101 Site. VERIZON WIRELESS shall be responsible for any and all costs related to the Permitted Activities, including installation, operation and removal of equipment on the Site. 2. VERIZON WIRELESS agrees to comply with all local, state and federal laws, rules and ordinances applicable to the Permitted Activities. VERIZON WIRELESS further agrees to exercise due care in the performance of all Permitted Activities on the Site, and not to unreasonably interfere with LICENSOR or any other party's activities on the Site. 3. VERIZON WIRELESS agrees to indemnify and save LICENSOR, its employees, agents or contractors, harmless from and against any and all liability, damage, expense, claims, liens or judgments, resulting from injury to person or damage to property to the extent caused by the activities of VERIZON WIRELESS, its agents, employees, contractors, or invitees, upon the Site or any property surrounding the Site, including without limitation, the Permitted Activities, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the LICENSOR, or its employees, contractors or agents. This indemnification obligation shall survive the expiration or termination of this Agreement. Licensor shall: Provide prompt notice of any claim; reasonably cooperate with VERIZON WIRELESS in the management and defense of covered claims; and allow VERIZON WIRELESS to defend and manage any claim with employees, consultants, contractors anr1 attorneys of its choosing. 4. The term of this Agreement shall be from the date on which this Agreement has been executed by both LICENSOR and VERIZON WIRELESS to the earlier of LICENSOR and VERIZON WIRELESS entering into a Lease Agreement or consummation of a purchase with respect to the Site, or a decision by VERIZON WIRELESS that the site is unsuitable. 5. In the event this Agreement expires or is terminated without the existence of a fully executed lease agreement or consummation of a purchase for the Site, VERIZON WIRELESS will promptly remove any and all of its equipment from the Site and restore the Site to the a condition substantially similar to that which existing immediately prior to VERIZON WIRELESS' entry, damage not caused by VERIZON WIRELESS, reasonable wear and tear, excepted. 6. LICENSOR will ensure that VERIZON WIRELESS, its agents, employees, invitees, are granted access to the Site at the scheduled time(s) that the Permitted Activities will be performed. 7. VERIZON WIRELESS shall not take any actions that unreasonably interrupt 2 r ?. 16E5 Licensee Site Name: Collier County EMS & Collier County EMS Node Licensee Site Number: 9009057 & 9048101 the normal operations of LICENSOR on the Site. VERIZON WIRELESS agrees that its Permitted Activities shall not cause interference to the use or enjoyment of the property of LICENSOR and any other parties or licensees located at the Site or neighboring landowners, including, but not necessarily limited to interference with radio communication facilities. In the event that VERIZON WIRELESS' equipment or Permitted Activities cause such interference to such use or enjoyment, VERIZON WIRELESS agrees to promptly cease operations until such interference is removed by VERIZON WIRELESS, at its sole expense. 8. Neither party shall be responsible for lost profits or other consequential damages that may arise out of a breach of this agreement. 9. This Agreement constitutes the entire understanding between the parties with respect to the activities contemplated by this Agreement. All prior agreements or understandings, whether oral or written, are superseded. This Agreement may be amended only by a witnessed document executed by the parties. 10. This Agreement shall be governed by the laws of the State wherein the Site is located. [SIGNATURE PAGE IMMEDIATELY FOLLOWING] 3 16 E 5 Licensee Site Name: Collier County EMS & Collier County EMS Node Licensee Site Number: 9009057 & 9048101 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. VERIZON WIRELESS: VERIZON WIRELESS PERSONAL COMMUNICATIONS LP, a Delaware limited partnership d/b/a Verizon Wireless By: ► . . - ank Wise Title: Executive Director - Network Field E in ering Date: �����( cl LICENSOR: COLLIER COUNTY, a political subdivision of the State of Florida By: Name: ?Et4 o - dir Title: CNA i i2 f,,. .J , iSomc C0tri rrl ' Date: 1- 1t. 1 TT T �pprovcd as to form and legality AD`i GHT E. B- : . Fork a4! Assistant County Attor "e? N� r Attest as to Chairman's U\'\s) signature only. 4 ���;a Licensee Site Name: Collier CountyEMS & Collier1 5 CountyEI�fS o e Licensee Site Number: 9009057 & 9048101 EXHIBIT A SITE TO BE TESTED SITE NAME SITE ADDRESS Collier County EMS 8075 Lely Cultural Parkway (commonly known as the Emergency Services Complex) Naples, Collier County, Florida 34112 5 .i r • ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 E. 5 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 ` .4114 1 `\c\\8. 4. BCC OfficeBoard of County ‘c7k-.\ Commissioners /5/ l tlftA117 5. Minutes and Records Clerk of Court's Office \1N\k) 1 113.\11 5•etr" 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 --, Phone Number `� Contact/ Department , /C/ la eC �1 Li L._''f 7 7 Agenda Date Item wasAgenda Item Number r' ` Approved by the BCC //. /-7 l�? V Type of Document 4 /'e C N S E ,44 x�E .. Number of Original 3 Attached m %E -o or= .0 i c C^' S. Documents Attached J -4 PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Ap?li ble). I. Does the document require the chairman's original signature? � "1/4 h 2. Does the document need to be sent to another agency for additional signatures? If yes, hi / I\ 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 signed by the Chairman,with the exception of most letters,must be reviewed and signed ,(y by the Office of the County Attorneyy 1. � C? / 4. Al]handwritten stnlce-through and revisions have been initialed by the County Attorney's 14 J . 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 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 '4.:::s6 signature and initials are required. 7. In most cases (some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. 4 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 ons Il 1 (enter date)and all changes made :_ :'y_. during the meeting have been incorporated in the attached document. The County aw — Attorney's Office has reviewed the changes, if applicable. it 9. Initials of attorney verifying that the attached document is the version approved by the ,�"' i7_ ti �, : BCC,all changes directed by the BCC have been made, and the document is ready for the €�^a Chairman's signature. i li:` 1:Forms/County Forms;BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1 26.05,Revised 2.24.05;Revised 11/30/12 16E 5 �0t LIQ, L • ,. ' Memorandum f 1 fOR1P To: Minutes and Records Clerk to the Board From: Michael Dowling 0 Senior Property Management Specialist Real Property Management Date: December 12, 2017 Subject: In Building Radio Distribution License Agreement and Memorandum of License Agreement BCC: July 17, 2017 Item: 16 E 5 Please attest, keep one copy of each, and provide me with the other two sets. Please contact me at extension 8743 with any questions. Thank you and best regards, Michael 16E 5 MEMORANDUM Date: January 11, 2018 To: Michael Dowling, Property Acquisition Specialist Facilities Management Department From: Martha Vergara, Deputy Clerk Boards Minutes & Records Department Re: License Agreement & Memorandum of Understanding Contractor: Verizon Wireless Personal Communications LP Attached is two (2) original agreements and two (2) memorandum agreements as referenced above (Item #16E5), approved by the Board of County Commissioners on Tuesday, January 9, 2018. Please return a fully executed original back to the Minutes & Records Department for the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16E 5 Licensee Site Name: Collier County EMS&Collier County EMS Node Licensee Site Number: 9009057&9048101 IN BUILDING RADIO DISTRIBUTION LICENSE AGREEMENT This License Agreement ("Agreement") is made as of // , 2017 ("Effective Date") between COLLIER COUNTY, a political subdivision of the State of Florida, whose principal place of business is c/o Real Property Management, 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 ("Licensor"), and VERIZON WIRELESS PERSONAL COMMUNICATIONS LP, a Delaware limited partnership d/b/a Verizon Wireless, whose principal place of business is One Verizon Way, Mail Stop 4AW100, Basking Ridge, NJ 07920, ("Licensee"). Background WHEREAS, Licensor owns property and a building located at 8075 Lely Cultural Parkway commonly known as the Emergency Services Complex ("Property") which is more particularly described in Exhibit"A"; and WHEREAS, Licensee intends to install and operate communications equipment (collectively, "Licensee's Network Equipment") for use within the Property including equipment located on the interior of the property for the installation of a distributed antenna system (a"DAS Network") and equipment and antennas located on the roof the property (the "Small Cell System"); and WHEREAS, Licensor and Licensee desire to enter into this Agreement to define the general terms and conditions which would govern their relationship with respect to Licensee's use of the Property for the purposes contemplated herein; and NOW THEREFORE, both parties agree to enter into this Agreement on the terms and conditions set forth herein. Agreement 1. License. Licensor hereby licenses to Licensee certain interior and exterior premises within the Property which is more particularly described as follows and more particularly described in Exhibit B: (a) Exterior Space Premises: Space (the "Exterior Space Premises") on the rooftop or exterior walls of the Property for the installation, operation and maintenance of communications equipment including antennas and related equipment, such equipment shall comprise the Small Cell System in the locations more particularly described in Exhibit "B", attached hereto and made a part hereof. (b) Building Equipment Premises: Space (the "Building Equipment Premises") within the Property for the installation, operation, and maintenance of antennas, telecommunication cabinets, and equipment which shall comprise the DAS Network, as set forth in the locations more particularly described in Exhibit "B", attached hereto and made a part hereof. The DAS Network consists of microcells, reradiators, repeaters or similar in-building radio-distribution devices, antennas serving such devices, and the cables, wires or equivalent 16E 5 Licensee Site Name: Collier County EMS&Collier County EMS Node Licensee Site Number: 9009057&904810 connecting them and other related equipment for the transmission and reception of any communications signals which it is lawfully authorized to transmit and/or receive within the Property; and (c) Cabling and Access. Such additional space within the Building and on the exterior of the Building for the installation, operation and maintenance of wires, cables, fiber, conduits and pipes (the "Cabling Space") running between and among the Exterior Space Premises and Building Equipment Premises and to all necessary electrical and telephone utility sources located within the Building or on the Property. In the event there are not sufficient electric and telephone utility sources located within the Building or on the Property, Licensor agrees to grant Licensee, or the local utility provider, the right to install such utilities on, over and/or under the Property and through the Building necessary for Licensee to operate its communications facility, provided the location of such utilities shall be as reasonably designated by Licensor as outlined in paragraph 2. If there is insufficient room along the existing easement areas to accommodate additional utilities, Licensee shall obtain any and all necessary easements from Licensor. Licensor hereby grants to Licensee the nonexclusive right for ingress and egress, seven (7) days a week twenty-four (24) hours a day, on foot or motor vehicle, including trucks over or along the Property extending from the nearest public right-of-way, to Licensee's Exterior Space Premises, Building Equipment Premises and Cabling Space, and within existing easement areas for the installation and maintenance of utility wires,poles, cables, conduits, fiber, and pipes over, under, or along the Property (collectively, the "Rights of Way"), including without limitation those Rights of Way specified in Exhibit "B", attached hereto and made a part hereof. For purposes of this Agreement, the Exterior Space Premises, the Building Equipment Premises, Cabling Space, and the Rights of Way shall collectively be referred to as the "Premises". 2. Construction, Installation, & Maintenance. Prior to making any alternations, additions or improvements to the DAS Network or Small Cell System which will require Licensee to install equipment within portions of the Property that are not within the Premises, the Licensee will submit to Licensor proposed plans and proposals detailing such alterations, additions or improvements for Licensor's approval, which will not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Licensee shall have the right to add, modify, replace, supplement and repair Licensee's Network Equipment, including the frequencies over which such equipment operates, at any time during the Term so long as such addition, modification, replacement, supplementation or repair is located within the Premises. Licensee covenants and agrees that all operations, maintenance, repair work, erection, construction, improvement, addition, or alteration of the Premises will comply with all current and future applicable laws, ordinance, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, or any other governmental agencies having jurisdiction. 3. Interference. During the Term of this Agreement, Licensee agrees that the installation and operation of the Licensee's Network Equipment will not cause measurable interference to the equipment of Licensor or the then existing equipment of other tenants operating on the Property as of the date of this Agreement. Should Licensee's Network 16E 5 Licensee Site Name: Collier County EMS&Collier County EMS Node Licensee Site Number: 9009057&904810 Equipment cause measurable interference, and provided Licensor or other tenants provide written notice, Licensee will take all steps necessary to correct and eliminate the interference. Licensor agrees that any future agreements for tenants on the Property will include provisions to control and remedy interference. Should the equipment of a third party tenant cause measurable interference with the then-existing Licensee's Network Equipment, and provided Licensee provides written notice to Licensor, then Licensor will take all steps necessary to cause such third party tenant to correct and eliminate the interference. Licensor operates critical public safety communications facilities at the Property and cannot agree to limit future radio equipment installation pertaining to public safety operations. The parties acknowledge that there will not be an adequate remedy at law for non-compliance with the provisions of this paragraph and therefore, either party shall have the right to specifically enforce the provisions of this paragraph in a court of competent jurisdiction. 4. Utilities. Licensee is authorized to connect Licensee's Network Equipment to Licensor's electrical service at the Property and to use such electrical service to operate Licensee's Network Equipment, at no cost to the Licensee. All costs to establish connectivity to the electrical service for the Small Cell System and DAS Network, will be the Licensee's responsibility. Notwithstanding the foregoing, no interruption or discontinuance of such electrical power will render Licensor liable to Licensee for damages or relieve Licensee of any of its obligations hereunder, except as such results from the acts or omissions of the Licensor. Any other utilities required for operation of Licensee's network equipment will be the responsibility of the Licensee. Licensor also grants to Licensee an easement for fiber/T-1 running from the nearest public right of way to the Premises to the extent necessary to serve the Small Cell System and DAS Network, in Licensee's sole determination. 5. Ownership & Control. The Small Cell System and DAS Network are personal property of the Licensee and the Licensee at all times owns and controls them. 6. Consideration. In consideration for the rights granted herein, Licensor's Property will receive the benefits of enhanced wireless communications arising from operation of the Small Cell System and DAS Network. The design, construction, equipment, installation and maintenance of the Small Cell System and DAS Network shall be at Licensee's sole cost. 7. Access. Licensor agrees to provide Licensee, its employees and/or agents access to the Premises twenty-four (24) hours a day, seven (7) days a week for the purpose of emergency maintenance and restoration of the Small Cell System and DAS Network, including without limitation loss of service or equipment malfunction. Licensee's access for design, construction, installation, upgrading, and routine maintenance of the Small Cell System and DAS Network will be available Monday through Friday during normal working hours of 8:00 a.m, EST, through 5:00 p.m., EST. Any request for access outside of these hours will be submitted to the Emergency Services Director. 8. Term, Default, Termination, Compensation. a. The initial term of this Agreement shall be five (5) years beginning on the Effective Date, with four (4) automatic five (5) year renewal terms (collectively the "Term"), unless the Licensee terminates it at the end of the then current term by giving the Licensor 3 e 16E 5 Licensee Site Name: Collier County EMS&Collier County EMS Node Licensee Site Number: 9009057&904810 written notice of intent to terminate at least six (6) months prior to the end of the then current term. This Agreement may only be terminated in accordance with its terms. b. Licensee shall have the right to terminate this Agreement at any time by providing the Licensor with six (6) months written notice. In the event Licensee defaults in the performance of any of its covenants or obligations hereunder and such default is not cured within sixty (60) days after written notice thereof from Licensor (unless the nature of the event takes longer to cure and Licensee commences a cure within the time period and diligently pursues it thereafter), Licensor may thereafter terminate this Agreement by providing Licensee with thirty (30) days' written notice. Upon any termination or expiration of this Agreement, Licensee shall remove the Small Cell System and DAS Network and all associated components and cabling, except as set forth below. At Licensor's discretion and direction, equipment racks and grounding systems installed by Licensee will remain at the Premises at no cost to Licensor. Licensee shall be responsible for the repair and restoration of any damage to Licensor's Premises resulting from the removal of the Small Cell System and DAS Network, normal wear and tear excepted. Conduit and cabling within walls and the ceiling of the building will not be removed upon termination of this Agreement, provided however, Licensee must reseal all wall penetrations to meet code requirements and to prevent water intrusion. There is no compensation for use of the Premises as the Licensee's presence at the Property is a benefit to the Licensor. 9. Indemnification, Insurance, Waiver of Consequential Damages. Subject to the limitations set forth in Section 768.28, Florida Statutes,the parties shall indemnify and hold each other harmless against any claim of liability or loss or bodily injury or property damage to the extent caused by the acts or omissions of their own or their agents in connection with the use and occupancy of the Premises in connection with the Small Cell System and DAS Network, excepting claims or damages as may be due or caused by the acts or omissions of the other party or its agents. Licensee shall procure and maintain throughout the term of this Agreement commercial general liability insurance with limits of five million dollars ($5,000,000) per occurrence for bodily injury (including death) and property (including the loss of use thereof). Licensor shall be included as an additional insured as their interest may appear under this Agreement on the Commercial General Liability insurance policy. Evidence of such insurance shall be provided to Licensor in care of Real Property Management, 3335 East Tamiami Trail, Suite 101, Naples, Florida, 34112, for approval prior to the commencement of this Agreement. Licensor reserves the right to reasonably amend their insurance requirements by issuance of notice in writing to Licensee, whereupon receipt and acceptance of such notice Licensee shall have thirty (30) days in which to obtain such additional insurance. The issuer of any policy must be authorized or permitted to transact insurance business in the State of Florida and must be rated "A" or better in the most current edition of Best's Insurance Reports. Each insurer must be responsible and reputable and must have financial capacity consistent with the risks covered. Failure to continuously abide with all of these insurance provisions shall be deemed to be a material breach of this License and Licensor shall have the remedies set forth in Article 8. b above. Licensor agrees that Licensee may self-insure. The parties waive and release any and all rights of action for negligence against the other which may arise on account of damage to the Property or to Premises, resulting from any fire, or other casualty of the kind covered by standard 4 16E 5 Licensee Site Name: Collier County EMS&Collier County EMS Node Licensee Site Number: 9009057&904810 fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the parties, or either of them. These waivers and releases shall apply between the parties and to any claims under or through either party as a result of any asserted right of subrogation. All policies of insurance covering property damage obtained by either party concerning or including the Property shall waive the insurer's right of subrogation against the other party. The foregoing notwithstanding, whether the cause of any damage, loss or liability is insurable, insured or not insured, foreseen or unforeseen, in no event shall either party be responsible or liable to the other party for anticipatory profits or any indirect, special, incidental or consequential damages of any kind or nature arising directly or indirectly in connection with the construction, use or operation of the Premises or the exercise of any rights related thereto, whether based on an action or claim in contract or tort, including negligence, strict liability or otherwise. 10. Quiet Enjoyment. Licensor covenants that Licensee, upon performing all the covenants, shall peaceably and quietly have, hold and enjoy the Premises and Licensor further covenants that Licensor is seized of good and sufficient title and interest to the Premises and has full authority to enter into this Agreement. Licensor represents, warrants and covenants that no lead paint, asbestos or other hazardous substance, as defined by any applicable state, federal or local law or regulation, is present at any Premises; Licensor owns or leases the Premises or otherwise has the right to grant the license given in this Agreement; the Licensor has obtained all required consents or approvals from any landlord, mortgagee or other person or entity having an interest therein; and Licensor is not in default under any lease with the owner of the Premises and the term of such lease extends to the term of this Agreement with any and all renewal terms. 11. Assignment and Sublicensing. This Agreement may be assigned by either party to its principal, affiliates, subsidiaries or any entity which acquires all or substantially all of its assets in the applicable Federal Communications Commission license area by reason of a merger, acquisition or other business reorganization without the consent of the other party. As to other parties, any sale, assignment or transfer by either party must be with the written consent of the other party, such consent not to be unreasonably withheld. Licensee shall notify Licensor in a timely manner of any change in ownership or assignment of this License so that Licensor may process an Assignment of License Agreement. The DAS Network shall be designed to be, and shall be, compatible with and suitable for use by all other major wireless carriers that may wish to enter into a sublicense of the DAS Network with Licensee, subject to the addition of additional equipment as may be reasonably necessary for any such sublicensee to utilize the DAS Network. The DAS Network may be sublicensed pursuant to a written sublicense containing terms acceptable to Licensee, which may include without limitation a right to reimbursement of DAS Network fees and costs from sublicensee, including but not limited to those fees and costs associated with the access, maintenance and capital costs of the DAS Network, as determined by Licensee. The Small Cell System and DAS Network shall be personal property of Licensee and Licensee at all times shall own and control the Small Cell System and DAS Network. 5 16E 5 Licensee Site Name: Collier County EMS&Collier County EMS Node Licensee Site Number: 9009057&904810 Since the Property is a secured County facility, Licensee shall provide Licensor prior written notice of any sublicenses related to Licensee's licensed use under this Agreement. All sublicenses shall be subject to the provisions of this Agreement, which shall be binding upon the sublicensee(s), its successors and assigns. 12. Notices & Contacts. All notices hereunder must be in writing and shall be sent certified mail, return receipt requested,to Licensor at Real Property Management, 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, and to Licensee at 180 Washington Valley Road, Bedminster,NJ 07921, Attention: Network—Real Estate. 13. Environmental. (a) Licensor will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Building or Property, unless such conditions or concerns are caused by the specific activities of Licensee in the Premises. (b) Licensee agrees to indemnify, defend and hold Licensor harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) to the extent caused by the installation, use, maintenance, repair or removal of the DAS Network or Small Cell System or Licensee's breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Licensor, its employees, agents or independent contractors. (c) Only to the extent authorized by 768.28, Florida Statute, Licensor agrees to indemnify, defend and hold Licensee harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising directly from the actions or failure to act of Licensor or its employees or agents, or Licensor's breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Licensee, its employees, agents or independent contractors. (d) Notwithstanding anything to the contrary in this Agreement, Licensee and Licensor each waives any claims that each may have against the other with respect to consequential, incidental or special damages. 14. Rights Upon Sale. Should Licensor, at any time during the Term, decide (i) to sell or transfer all or any part of the Property or the Building thereon to a purchaser other than Licensee, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Building and or Property occupied by Licensee, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management 6 1 6 E 5 Licensee Site Name: Collier County EMS&Collier County EMS Node Licensee Site Number: 9009057&904810 thereof, such sale or grant of an easement or interest therein shall be under and subject to this Agreement and any such purchaser or transferee shall recognize Licensee's rights hereunder under the terms of this Agreement. In the event that Licensor completes any such sale, transfer, or grant described in this Paragraph without executing an assignment of this Agreement whereby the third party agrees in writing to assume all obligations of Licensor under this Agreement, then Licensor shall not be released from its obligations to Licensee under this Agreement, and Licensee shall have the right to look to Licensor and the third party for the full performance of this Agreement. 15. Recording. Licensor agrees to execute a Memorandum of this Agreement which Licensee may record with the appropriate recording officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the Term or rent payments. 16. Applicable Laws. During the Term, Licensor shall maintain the Premises and the Property, and all structural elements of the Premises in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) (collectively "Laws"). Licensee shall, in respect to the condition of the Premises and at Licensee's sole cost and expense, comply with (a) all Laws relating solely to Licensee's specific and unique nature of use of the Premises; and (b) all building codes requiring modifications to the Premises due to the improvements being made by Licensee in the Premises. It shall be Licensor's obligation to comply with all Laws relating to the Building in general, without regard to specific use (including, without limitation, modifications required to enable Licensee to obtain all necessary building permits). 17. RADON GAS DISCLOSURE. RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY HEALTH DEPARTMENT. 18. Miscellaneous. This Agreement contains all agreements, promises and understandings between the Licensor and the Licensee regarding this transaction, and no oral agreement, promises or understandings shall be binding upon either the Licensor or the Licensee in any dispute, controversy or proceeding. This Agreement may not be amended or varied except in a writing signed by all parties. This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns hereto. The failure of either party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights hereunder shall not waive such rights and such party shall have the right to enforce such rights at any time. This Agreement and the performance thereof shall be governed interpreted, 1 6 E 5 Licensee Site Name: Collier County EMS&Collier County EMS Node Licensee Site Number: 9009057&904810 construed and regulated by the laws of the state in which the Premises is located without reference to its choice of law rules. [SIGNATURE PAGE FOLLOWS] 8 16E 5 Licensee Site Name: Collier County EMS&Collier County EMS Node Licensee Site Number: 9009057&904810 IN WITNESS WHEREOF, the parties hereto have set their hands, intending to be bound, as of the Effective Date. ATTEST: LICENSOR: DWIGHT E. BROCK,-Clerk COLLIER COUNTY, a political subdivision of the State of Florida By. )1 �9 __._. Deputy Clerk41110Attest as to Chairman's signature only. By: //�L/ ApprovedAs to form and legality: Name: Penny it or , Title: Chairman Date: A`/ Ii' j 7 By: V\ Name: Jennifer A. Be I-•io Title: Assistant County • orney Date: ►2 `$ \ t 7 WITNESSES: LICENSEE: VERIZON WIRELESS PERSONAL COMMUNICATIONS LP, a Delaware limited partnership d/b/a Verizon Wireless 0,044, ) P. R-4441-it.) By: Print Name: DOLS '. Zd0Stn Na •-. . u ise itle: Executive Director-Network Field e ng Date: �) qri Print Name:;my. 9 16E 5 Licensee Site Name: Collier County EMS&Collier County EMS Node Licensee Site Number: 9009057&904810 EXHIBIT A Legal Description Lely Resort Phase Two, that portion of Tract B described in OR Book 2821, Page 688 4 10 1 6 E 5 Licensee Site Name: Collier LicenseeCounty SiteEMS Num& Collierber: 9009057County &EMS 904810Node EXHIBIT B (Page 1 of 6) LICENSEE'S NETWORK EQUIPMENT }. 0 i s -l„ APPROXIMATE LOCATION OF MPRO%I�IATE LOCAT10TE aF PROPOSED PROPOSED SMALL CELL ANTENNAS ® OPS ANNN TEA MOUNIEO ON EXISTING H " • DONOR ANTENNA MOUNT s- '� alb to �„ R a '',. �r APPRWgMATE LOCATION OF 1ST ^� 3 „ , ' ' t'''' ' '44,541. ,,,:- "T"'''',"4, '''''' 1,,,,.:P,!'....',..;,4;,44.:;'., `4 at •„, FLOOR 1a 4O LEVEL)TELCO ROOM ,, ' : ` .$�,,, ., � a 3q a 3 s z m 1mr � 9 x.90' � �� s iii . APOPORRO%IMArE LOCATION OF SIN'� � * FLBLG COMMICATIO NS! "� t '' " x a,�yI �H. ,. " : Via.. ,APPROXIMATE LOCATION OF EXISTING „:SNARED FIBER CONDUIT PATH FROM 1ST FLOOR TELCO ROOMf109TORIGHT - " OF WAY,COORDINATE USE WITH ". �. BUILDING OWNER AND FACILITIES £��..�'' �. '�-tl ...fix.. = 11 1 6 E 5 Licensee Site Name: Collier County EMS&Collier County EMS Node Licensee Site Number: 9009057&904810 EXHIBIT B (Page 2 of 6) BUILDING EQUIPMENT PREMISES EXISTING CORE PENETRATIONS TO BE USED FOR FIBER ROUTING((VP) 00=00 PROPOSED VERIZON WIRELESS 19-X84' 1 WELDED SEISMIC EQUIPMENT RACK WITH 1 CABLE MANAGEMENT TRAY INSTALLED ADJACENT TO EXISTING DAS RACK PROPOSED RACK SHALL CONTAIN PROPOSED VERIZON WIRELESS IN-BUILDING SIGNAL SOURCE EQUIPMENT AND DAS AND BDA EQUIPMENT L— RELOCATED FROM EXISTING DAS RACK. COORDINATE WITH OWNER MID BUILDING EXISTING DASFACILITIES TO BRING FIBER SERVICE FROM EQUIPMENT RACK FIBER DEMARC IN 1ST FLOOR TELCO ROOM 0108. I PROPOSEDBOARDTOBE(2)INSTALLED RRUS3TS ON ON NEWWALL BACKER BEHIND PROPOSED EQUIPMENT RACK /,"/ I INSTALL PROPOSED 1/T COAX FOR EXISTING TRANSFORMER) GPS,AND POWER/TIBER AND COAX FOR RRUS FROM EQUIPMENT RACK IL THROUGH PROPOSED ENTRY PANEL TO ROOFTOP EQUIPMENT ISTING 120/208V PANEL 81.5A � IXI INSTALL PROPOSED COAX ENTRY (COORD WITH BUILDING OWNER J PANEL(4 PORT)ADJACENT TO AND FACILITIES TO INSTALL I EXISTING COLUMN.COORDINATE TWO,2-P,15ACIRCUITS FROM L FINAL LOCATION WITH BUILDING PANEL TO PROPOSED RACK, - OWNER. OVERHEAD ALONG EXISTING 44 ELECTRICAL ROUTING) 5111FLOOR — ( BUILDING COMM.ROOM EXISTING BUILDING EQUIPMENT RACKS (TYP) EXISTING HVAC EQUIPMENT GRAPHIC SCALE 0' 2.5' 5' I LEASE EXHIBIT- (SCALE IN FEET) PLAN VIEW 11617 SCALE:1,5 PREPARED BY .xE.Axeo Pox ) �x,�c0 o.E. VERIZON WIRELESS A PRELIM FOR REVIEW 08/07/16 SITE NAME/NUMBER c y ,f��\!M• B PRELIM FOR REVIEW 01107116 COLLIER COUNTY EMS/950B057 �!C'R RO n� C PRELIM FOR REVIEW SE107117 COLLIER COUNTY EMS NODE/8048101 IF/i,'w i3r<.x"a..xcxA` ■ D PRELIM FOR REVIEW 08109117 ADDRESS E PRELIM FOR REVIEW 09/1&17 8075 LELY CULTURAL PKWY 8713 MEMORIAL HWY 7701 E TELECOM PERT NAPLES,FLORIDA 34133 TAMPA,FL 35131 TAYPA,FL 7]871 FL CA 831014 SHEET 2 OF 8 Licensee herein referred to as "Verizon Wireless" 12 1 6 E 5 Licensee Site Name: Collier County EMS&Collier County EMS Node Licensee Site Number: 9009057&904810 EXHIBIT B (Page 3 of 6) BUILDING EQUIPMENT PREMISES, continued �` ?� s � -- err o `.. fit. ,:. .4�;„.. 'IC: COORD WITH OWNER AND BUILDING FACLITIES K"""' 'N TO INSTALL TWO,2-P,15A CIRCUITS FROM � 'K" ,a:�i' PPNEL#LSATO PROPOSED RACK,OVERHEAD +" .�., -�" I ALONG EXISTING ELECTRIC*' ' f1NG ; », 3 „„. INSTALL PROPOSED 1/2'COAX FOR ii I SOPS,AND POWERIFIBER FWD COAX ' ,FOR RRU'S FROM EQUIPMENT RACK i =THROUGH PROPOSED ENTRY PANEL x 40444 - s TO ROOFTOP EQUIPMENT .\. -'t.' Iq „^ 1111 INSTALL(2)PROPOSED RRUS3YS ON NEW R BACKER BOARD TO BE INSTALLED ON WALL I • BE PROP.pgOSED EQUIPMENT RACK im” � � I PROPOSED_VERIZON WIRELESS 18"%84' Wager WELDED SEIMIC EQUIPMENT RACK WITH 1 CABLE MANAGEMENT TRAY NSTAILED • +gyp ADJACENT TO EXISTING DAS RACK - PROPOSED RACK SHALL CONTAIN PROPOSED M K BHN WIRELESS IN-BUILDING SIGNAL SOURCE EQUIPMENT ANDDASANOBDA EQUIPMENT RELOCATED FROM EXISTING DAS RACK COORDINATE WRH OWNER ANO BUILDING EXISTING OAS re FACILITIES TO BRING FIBER SERVICE FROM � .a. ti/ /�,. EQUIPMENT RACK FIBER DEMARC IN 1ST FLOOR TELCO ROOM/108 }3 1' TTTBwLowoI/ OHM_ROOM z LEASE EXHIBIT-EQUIPMENT VIEW vgcvnxcu n. — PREP. FOR. —s o oPIe VERIZON WIRELESS A PRELIM FOR REVIEW 08107116 SITE NAMEINUMBER � lit �( ■ B PRELIM FOR REVIEW 07107/16 COLLIER COUNTY EMS f 8008057 �e ��1990�' O PRELIM FOR REVIEW 06/07117 COLDER COUNTY EMS NODE/9048101 V E ■R! D PRELIM FOR REVIEW 06109117 ADDRESS ��.a..M 7701 E TELECOM PART E PRELIM FOR REVIEW 09/16X7 3 8075 LELY CULTURAL PKWY 51'3 MEMORIAL HWV TAMPA,fL 37871 NAPLES,FLORIDA 34133 TAMPA,FL 33831 FL CA/3107a SHEET30F8 Licensee herein referred to as "Verizon Wireless" 13 16E 5 Licensee Site Name: Collier County EMS&Collier County EMS Node Licensee Site Number: 9009057&904810 EXHIBIT B (Page 4 of 6) EXTERIOR SPACE PREMISES APPROXIMATE LOCATION OF PROPOSED GPS ANTENNA MOUNTED ON EXISTING DONOR ANTENNA MOUNT.INSTALL PROPOSED 17 CON( FROM PROPOSED EQUIPMENT RACK ALONG EXISTNG DONOR COAX TO PROPOSED PENETRATION AND OUT TO ROOF TOP DONOR r ANTENNA MOUNT FOR PROPOSED GPS ANTENNA /' - "tea � � .1,;„4f# P s w IIP,,4 Y✓ - s , ,, „ s,. .i '-'1 arm .L+i^ "' D t ; 'Va l tT' '"' 'd' 9 x a: ` •' Via, a, '_ z 1 ' $ 5 Vii 5 e PENTYiOUSE„/ ,* RoaFfop LEASE EXHIBIT GPSANTENNAVIEW —recr.xeo or —r.e.«cv pox —�,. . s VERIZON WIRELESS A PRELIM FOR REVIEW 08/07118 SITE NAME/NUMBER • B PRELIM FOR REVIEW 07107118 COLLIER COUNTY EMS/9009057 ver�zon� C PRELIM FOR REVIEW 08ro711T COLLIER COUNTY EMS NODE/9048101 J D PRELIM FOR REVIEW 06106117 1(I ADDRESS EPRELIMFORREVIEW09116117 Y8075 LELY CULTURALPKWY 5 1JMEMORIAL7701E TELCOMPKwY NAPLESFLORIDA 34133 TANPAL7787AMPA,fL JJBJ7 1 FL CA 937011 SHEET4OF8 Licensee herein referred to as "Verizon Wireless" 14 1 6 E 5 Licensee Site Name: Collier County EMS&Collier County EMS Node Licensee Site Number: 9009057 Edi 904810 EXHIBIT B (Page 5 of 6) EXTERIOR SPACE PREMISES, continued APPROXIMATE LOCATION OF PROPOSED SMALL CELLANTENNAS MOUNTED ON PIPES ATTACHED TO BEAM AND EXTERIOR PENTHOUSE WALL (AZ=80'AND d _R� REARRANGE OR RELOCATE EXISTING ,,,,,,,,,,o. EQUIPMENT IF NECESSARY i :i,..1,. .„ ,. Ili ;,. .,.i. .. ..,,,,,,,,, ,1 i: x 14a.t.-:ii ,_ , _ , ,....... .„„„,_. ,, v , _ _7,7,----ii.--7:i, P.,,''''Itf-Ati,,,,,,,. ,' ...'1?';', ...,...u,,,el'7"1:' .„ N7117,7 , .4-,-. `--,.;-,-,....t„. � `� � � :raw INSTALL PROPOSED COAX ENTRY ke PANEL(4 PORT)ADJACENT TO EXISTING H+;il COLUMN COORDINATE FINAL LOCATION E t • iii d9 vv�� r.a ....rb. mow _ ,man �' .. .....� LEASE EXHIBIT-ALPHA&BETA SECTOR VIEW (NOT TO SCALE) VERIZON WIRELESS PREPARED BY PREPARED POR —ISSUED DATES A PRELIM FOR REVIEW 08/07118 SITE NAME/NUMBER ■ B PRELIM FOR REVIEW 07107118 COLLIER COUNTY EM /9009057 r COLLIER COUNTY EMS NDE/9048101 lick ' ►!o!I," C PRELIM FOR REVIEW 08107117 tel/ * �E/P D PRELIM FOR REVIEW 08(09117 ADDRESS .._+N.:S�•<' E PRELIM FOR 8075 LELY CULTURAL PKWY REVIEW 09/18117 5113 MEMORIAL HWY 1701 E TELECOM PKWY NAPLES,FLORIDA34133 TAMPA,FL 33631 TAMPA FL 11617 F L C A t 31014 SHEET 5 OF 8 15 Licensee Site Name: Collier County EMS&Collier County EMS 1Node6E 5 Licensee Site Number: 9009057&904810 EXHIBIT B (Page 6 of 6) EXTERIOR SPACE PREMISES, continued N APPROXIMATE LOCATIONOF PROPOSED SMALL CELL ANTENNAATTACHED TO -EXTERIOR PENTHOUSE WALL.RRUS32 TO BE MOUNTED ON ANTENNA MOUNT A2=250') 04,1 4 {S APPROXIMATE LOCATION OF PROPOSED WALL MOUNTED CONDUIT TO FEED POWER AND FIBER TORRU/ANTENNA AS NECESSARY y t $ z47C ,, A 9 LM w1f,l)r1 m' f y, IFS �. A ( _ rI LEASE EXHIBIT GAMMA SECTOR VIEW (NOT TO SCALE) R' "N PREPARED BY PREPARED FOR -SSJED DA Es VERIZON WIRELESS d A PRELIM FOR REVIEW 09/07119 SITE NAME/NUMBER ■ /y,;MIS A B PRELIM FOR REVIEW 07/07119 COLLIER COUNTY EMS/9009057 �� ��I/' VIE�■� ■ ■ C PRELIM FOR REVIEW D6/07/17 COLLIER COUNTY EMS NODE/9048101 'ROW. D PRELIM FOR REVIEW 09/09117 ADDRESS Irl-.^.':< E PRELIM FOR REVIEW 09/19117 8075 LELY CULTURAL PKWY 5113 MEMOR AL HWV 7701 E TELECOM PKWY NAPLES,FLORIDA 34133 TAMPA,F1 33631 TAMPA,FL 33637 FL CA 131011 SHEET6OF6 16 16E Upon Recording, Return to: Tirso M.Carreja,Jr.,Esq. Shutts&Bowen LLP 4301 W.Boy Scout Boulevard Suite 300 Tampa,Florida 33607 STATE OF FLORIDA ) COUNTY OF COLLIER ) MEMORANDUM OF IN BUILDING RADIO DISTRIBUTION AGREEMENT This Memorandum of In Building Radio Distribution Agreement (the "Memorandum") is made this / /-1 day of &j , 2017, between Collier County, a political subdivision of the State of Florida, whose principal place of business is c/o Real Property Management, 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, hereinafter designated LICENSOR, and Verizon Wireless Personal Communications LP, a Delaware limited partnership d/b/a Verizon Wireless, with its principal offices at One Verizon Way, Mail Stop 4AW 100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter designated LICENSEE. The LICENSOR and LICENSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". 1. LICENSOR and LICENSEE entered into an In Building Radio Distribution Agreement (the "Agreement") on , 2017, for an initial term of five (5) years, commencing on the date the Agreement is signed by both Parties. The Agreement shall automatically be extended for four (4) additional five (5) year terms unless LICENSEE terminates it at the end of the then-current term by giving LICENSOR written notice of the intent to terminate at least six (6) months prior to the end of the then-current term. 2. Pursuant to the Agreement, LICENSOR hereby licenses to LICENSEE certain spaces on and within LICENSOR'S property at 8075 Lely Cultural Parkway, Naples, Collier County, Florida 34113 (the "Property"), specifically space (the "Exterior Space Premises") on the rooftop or exterior walls of the LICENOR'S building (the "Building") for the installation, operation and maintenance of communications equipment, including without limitation, antennas and related equipment such equipment shall comprise the Small Cell System (as defined in the Agreement); together with Space (the "Building Equipment Premises") within the Building for the installation, operation, maintenance, modification, replacement, and removal of communications equipment, including without limitation telecommunication cabinets, such equipment shall comprise the DAS Network (as defined in the Agreement); together with such additional space within the Building and on the exterior of the Building for the installation, operation and maintenance of Licensee Site Name: Collier County EMS&Collier County EMS Node Licensee Site Number: 9009057&9048101 1 1 6 E 5 wires, cables, fiber, conduits and pipes (the "Cabling Space") running between and among the Exterior Space Premises and Building Equipment Premises and to all necessary electrical and telephone utility sources located within the Building or on the Property; together with the non-exclusive right of ingress and egress within the Building, seven (7) days a week, twenty four (24) hours a day; together with the nonexclusive right for ingress and egress, seven (7) days a week twenty-four (24) hours a day, on foot or motor vehicle, including trucks over or along the Property extending from the nearest public right-of-way, to the Building, and for the installation and maintenance of utility wires, poles, cables, conduits, fiber, and pipes over, under, or along the Property as set forth in the locations more particularly described in Exhibit "A", attached hereto and made a part hereof. 3. The terms, covenants and provisions of the Agreement, the terms of which are hereby incorporated by reference into this Memorandum, shall extend to and be binding upon the respective successors and assigns of LICENSOR and LICENSEE. Signature Pages to Follow Licensee Site Name: Collier County EMS&Collier County EMS Node Licensee Site Number: 9009057&9048101 2 16E 5 IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year written below. ATTEST: LICENSOR: DWIGHT E.'BROCK,.Clerk COLLIER COUNTY, a political subdivision of the State of Florida By: I . ..�� De uty, Cle�k. ► Attest as to Chairman s signature only, By: �I�1..de Approved as to form and legality: Name: Penny Titter Title: Chairman By: �� Date: •.(L--/.4 !( I e2---)/ 7 Name: nnifer A. Bel Title: Assistant County .rney Date: v7 _ \ S \k T WITNESSES: LICENSEE: VERIZON WIRELESS PERSONAL COMMUNICATIONS LP, a Delaware limited partnership d/b/a Verizon Wireless T By: Print Name: Dc Li S P, itooseA 'ame: Frank Wise Title: Executive Director—Network Field , f/Date: l&y Print Name: Al A .GCli!' —VAeel/(.i Licensee Site Name: Collier County EMS&Collier County EMS Node Licensee Site Number: 9009057&9048101 3 16E 5 STATE OF FLORIDA ) ACKNOWLEDGMENT COUNTY OF HILLSBOROUGH ) I, AbcC,0 n J + I C t, f YYO1 , a Notary Public for said County and State, do hereby certify that Frank Wise, personally came before me this day and acknowledged that he is the Executive Director-Network Field Engineering of Verizon Wireless Personal Communications LP, a Delaware limited partnership d/b/a Verizon Wireless, and that he, as Executive Director-Network Field Engineering, being authorized to do so, executed this Memorandum on behalf of Verizon Wireless Personal Communications LP, a Delaware limited partnership d/b/a Verizon Wireless. WITNESS my hand and official Notarial Seal, this :J(.) day of a __ 2017. /iW/( t. • A aith LAUREN MCLEMORE Notary Public �IJ/ LI! : MY COMMISSION#GG 117130 My Commission Expires,( , (/-26�. ?k''�o j EXPIRES:March 1,2021 "°tea:,•• Bonded rnn,nota ry Public Underwrtters Licensee Site Name: Collier County EMS&Collier County EMS Node Licensee Site Number: 9009057&9048101 4 16E 5 EXHIBIT A Legal Description Licensor's Property: Lely Resort Phase Two, that portion of Tract B described in OR Book 2821, Page 688 Licensee Site Name: Collier County EMS&Collier County EMS Node Licensee Site Number: 9009057&9048101 5 16E 5 Z LU = CD z \- Z .,..1 LLI —1 0 Cl) u j 0 I--: CC LU LU cc 0 = = LLI ''... >".. LL. i-- 1... > D W 0 — LU cc 74CC)..s., = < V.- >"' --,, 0 44 :i ...-1 ...---• D.... U-1 0< CC Z 1.1.3 ill --I 1.11 Øj (...) 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