Agenda 12/12/2017 Item #16E1112/12/2017
EXECUTIVE SUMMARY
Recommendation to approve a First Amendment to License Agreement with Super Towers
Incorporated to reflect required modifications to the County’s emergency radio antenna system
located on a leased communications tower.
___________________________________________________________________________________
OBJECTIVE: To capture required modifications to the County’s emergency radio antenna system
located on a leased communications tower.
CONSIDERATION: On June 10, 2014, agenda item 16E10, the Board of County Commissioners
approved a License Agreement with Super Towers Inc., for the County’s radio system. This site was
implemented to provide improved system performance for the County’s legacy radio system and
inclusion in the P25 system implementation approved by the Board on April 14, 2015, agenda item 11A.
The antenna system design for the P25 system implementation requires additional antennas and
increases the weight of the antennas being placed on the tower. As a result, the County is
occupying additional tower capacity.
Accordingly, the following provision is added to Exhibit A, License Terms and Payments:
Additional License Fee: Upon installation of the new equipment, as outlined in the chart below,
referred to as ‘New’ under the category entitled “Status’, Licensee’s Monthly License Fee shall
increase by Three Hundred Twenty-Five Dollars ($325.00) per month, or Thirty-Nine Hundred
($3,900.00) Dollars annually. This additional Licensee Fee shall be prorated for the current
month, in the event the installation does not occur on the 1st of the month.
Collier Existing Equipment
Height Equipment ID Lines Face Status
160’ (1) Andrew Par6-65-PXA/B Dish (B Leg) (1)
Standoff Microwave mount (B Leg)
(1.) EW63 BA Existing
210’ (1) BMR12-D-B1(RX) Omni (B Leg) (1) DB
Spectra ATS8TMA10 Amplifier (B Leg) (1) 6
foot Standoff mount with still arms ( Mount
B Leg, Stiff Arms BC legs)
(1.)7/8 Coax
(1.) ½” Coax
BA
BA
Existing
Existing
210’ (1) BMR12-D-B1(TX) Omni ( A Leg) (1) 6
foot Standoff mount with side arms ( Mount A
Leg, Stiff arms AB legs)
(1.) 1 5/8 Coax BA New
210’ (1) BMR12-D-B1(TX) Omni ( C Leg) (1) 6
foot Standoff mount with side arms ( Mount A
Leg, Stiff arms CA legs)
(1.) 1 5/8 Coax BA New
FISCAL IMPACT: The annual license fee will be increased by $325 per month or $3,900 annually,
which will be paid from the Intergovernmental Radio Communication Program fund 188-140480
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATION: This item is approved as to form and legality and requires majority vote
12/12/2017
for Board action. - JAB
RECOMMENDATION: To approve and authorize the Chairman to execute the First
Amendment to the License Agreement with Super Towers Inc.,
Prepared By: John Daly, Telecommunications Manager, Information Technology
ATTACHMENT(S)
1. Super Tower First Amendment to License Agreement CAO (PDF)
2. Super Tower License Agreement 2014 (PDF)
12/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.11
Doc ID: 4209
Item Summary: Recommendation to approve a First Amendment to License Agreement with
Super Towers Incorporated to reflect required modifications to the County’s emergency radio antenna
system located on a leased communications tower.
Meeting Date: 12/12/2017
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
11/13/2017 5:12 PM
Submitted by:
Title: Division Director - Facilities Mgmt – Facilities Management
Name: Dennis Linguidi
11/13/2017 5:12 PM
Approved By:
Review:
Facilities Management Dennis Linguidi Additional Reviewer Completed 11/14/2017 5:23 PM
Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 11/15/2017 4:08 PM
Facilities Management Toni Mott Additional Reviewer Completed 11/20/2017 12:58 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 11/20/2017 1:08 PM
Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 11/29/2017 2:11 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 11/20/2017 3:26 PM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 11/28/2017 10:52 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/28/2017 1:19 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/28/2017 3:09 PM
Office of Management and Budget Laura Wells Additional Reviewer Completed 11/29/2017 12:05 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 12/01/2017 2:33 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM
1FIRST AMENDMENT TO LICENSE AGREEMENT
THIS FIRsr AMENDMENT To rHE LICENSE AGREEMENT, enter'd into this day of
2017, W and between Licensor, Super Towers, hc., a Florida Corporation, and
Licensee, Collier County, a political subdivision ofthe State of Florida (collectively refened to as .tre parties',;.
WHEREAS, Licensor and Licensee entered into a License Agreement dated June 24, 2014, wlrcreby
Licensor licensed to Licensee certain premises, &erein described that are a portion ofthe property located at
9930 Channel 30 Drive, Bonita Springs, FL 34t35 (the .Agreement''); and
WHEREAS, Licensee wishes to place two new antemas and lines on the tower and Liccnsor agrees; and
WHEREAS, Licensee and Licensor agree that the initial License Ag.eement did not correctly capture
Licensee's equipment on the tower, and therefore should be amended to accurarely reflect all equipment on the
Tower; and
WHEREAS, Licensor and Licensee, in their mutual interest, wish to amend the Agreement as set forth
below accordingly.
Now TIIEREFORE, in consideration of the foregoing and other good and valuable consideration, the
receipt and sufficiency ofwhich are hereby acknowledged, Licensor and Licensee agree as folrows:
The following provision shall be added to Exhibit A License Terms and payments:
Collier Eristing Equipmetrt
Height
…
Lines Face S餞 tus160'(1)Andrcw Par6-65-PXAB Dish o
Leg)
―
,WaVe mount(B Le2)
(1)EW63 BA Existing
210'83諄肌鶏硼師
(B
Leg)
(1)6 foOt standofFmount w性 亜1l arlns
g,Si∬Anns BC le,s)
(1.)7/8 Coax
(1)%"Coax
Existhg
E対 雨ng
210'8:器 ξ朧鳳認鷺誦
(Mount A Leg,Sjrarms AB legs)
(1)15/8 Coax BA New
210'8:Wξ 肌Ⅷ』踊:鳳j
(Mount A Leg,SifFarms cA legs)
〈1)15/8 Coax BA New
Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement andthis Amendmen! the terms of this Amendment shall control. Except as expressly ,.irurtn in thisAmendmen! the Agreement otherwise is unmodified and remains in full force and effect. Each referencein the Agreement to itself shall be deemed to refer to this Amendment. Specifically, the Amended
Exhibit A, shall now r€present all Approved Equipment of Collier County thaiwill be on the tower onc€
the new equipment it is added.
Capitalized Terms. All capitalized terms used but not defined herein shall have the same meaning as
defined in the Agreement.
IN WITNESS WHEREOF, the Licensor and Licensee have executed and seal this First
Amendmentto License Agreement on the dates set forth below.
AS TO T}IE LICENSOR:
DAttD:Name:
Title:
AS TO HCENSEE:
DA‐D:
DWIGHT E.BROCK,Clerk
BY:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA
PENNY TAYLOR Chaiman
By:
Approved as to forrn and legality:
4'b{"\ I
tl
2.
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This License Agreement (this "Agreement") is made and entered into as of this 24h dai of
June, 2014, by and between Super Towers, lnc. ("Licensol'), and Collier County, a political
subdivision of the State of Florida ("Licensee").
WITNESSETH:
1. Definitions. Licensor and Licensee agree that the respective terms as used herein
shall, unless the context otherwise requires, have the following meanings:
"Towef' meaos Licensofs 280' AGL Tower located at 9930 Channel 30 Drive, Bonita
Springs, Flodda, geographic coordinates 26', 19', 25.8 " North, and 81", 47', 24.'l" West.
"Building" means any equipment building adjacent to the Tower designated by Licensor for
the installation of communications equipment,
"Antenna Site" means the applicable portions of the Tower and Building(s) designated by
Licensor as Site Space.
"Site Equipment" means any communications equipment, including base stations,
antenna(s), poles, dishes or masts, cabling or wiring and accessories used therewith approved by
Licensor for installation, operation and maintenance on the Antenna Site.
Licensor and Licensee agree that capitalized terms defined elsewhere in this Agreement
shall, unless the context requires otherwise, have the meaning there given.
2. License to Use. Subjed to and upon the terms, provisions and conditions hereinafter
set forth, and in consideration of the duties, covenants and obligalions of Licensee hereunder,
Licensor has granted and does hereby grant unto Licensee, a non-exclusive license (the "License")
to use the Antenna Site for the installation, operetion and maintenance, at Licensee's sole expense,
of Licensee's Site Equipment, which is more particutarly described in Exhibit A attached hereto and
made a part hereof for all purposes.
(a) This License is limited to allowing Licensee to only install, maintain end
operale on the Antenna Site in the location or loc€tions described in Exhibit A, radio
communications equipment which Licensee owns for purposes of providing (i) public safety
communication services used in the operation of Lic€nsee's official activities where Licensee
holds a Federal Communications Commission ("FCC") license for said use, (ii) common
camage where Licensee holds an FCC license as a Radio Common Carrier (iii)
communications services for others where Licensee holds an FCC license as the system
operator, or (iv) transceivers for use by others where others hold an FCC license for the
operation of said transceivers.
(b) Licensor may require Licensee to relocale all or a portion of its Site
Equipment to a different area of the Antenna Site, and Licensee agrees to relocate said Site
Equipment at Licensee's expense, provided that said relocation does nol substantially
change the operation of the Site Equipment.
1 Super Towers - Collier County - Z /S /2074 Page 1
SUPER TOWERS"JNC―C∥ANNEL 30‐280 TOWER
(c) The Licensee may, as needed from time to time, change out the Licensee's
Site Equipment referenced in Exhibit A for repair, update, or other such need provided that,
with respect to equipment that is located on the Tower, the Licensee provides the Licensor
with prior written notice of the proposed changes in the Licensee's Site Equipment and
satisfactory proof that the proposed changes will not alter or increase the Tower loading.
Such written notice, upon acceptance by the Licensor, shall be deemed to represent an
amendment to Exhibit A for the purposes of identifying the Site Equipment authorized to be
present under this License Agreement.
3 Tenm \\t(a) The term (the "Term") of this Agreement shall commence June 24, 2014
(commencement date) and shall continue until June 24,2019, and this agreement shall
automatically renew for two (2) additional terms of five (5) years each (the "Renewal
Term(s)"), unless either party shall give the other party written notice of its intent not to
renew no less than ninety (90) days prior to the expiration of the initial term or any Renewal
Term hereof and further provided that Licensee shall not be in default upon the
commencement of the Renewal Term.
(b) The permission granted to Licensee to use the Antenna Site granted by this
Agreement may be cancelled by Licensor {or any non-compliance by Licensee with the terms
or provisions of this Agreement if such failure, after proper notice of such non-compliance
has been given to Licensee, continues for (i) ien (10) days and can be cured by the payment
of money or (ii) thirty (30) days and cannot be cured merely with the payment of money.
(c) Upon expiration of the initial term or any Renewal Term, as applicable, this
Agreement shall automatically renew for additional periods of five (5) years each at like
terms, except that the Monthly License Fee shall increase as set forth in Exhibit A. Said
renewal shall become effeclive unless either party shall give the other party Mitten notice of
its intent not to renew ninety (90) days prior to the expiration of the initial term or any
Renewal Term hereof
4. Pavmenls.
(a) Licensee shall pay Licensor. without demand, offsel or counterclaim on the
CommGncement Date and on lhe first of each calendar month thereafter during the Term the
monlhly fee set forth in Exhlbit A (the "Monthly License Fee") with respect to Licensee's Site
Equipment set forth opposite such fee. lf the Commencement Date occurs on a date other
than the first day of a month, the Monthty License Fee shall be pro-rated for such partial
month. Likewise, if the Term ends on a date other than the last day of a month, the Monthly
Licensee Fee shall be pro-rated for such partial month.
(b) Pursuant to Chapter 212, Flonda statutes; Licensee is exempt from the
Payment of Florida sales and use tax on real property rented, tangible personal property
purchased or rented, or service purchased.
1 Super Towers - Collier County - 2 /5 /2014 Page 2
(c) ln addition to lhe Monthly License Fee, Licensee shall pay Licensor an
amounl equal lo the amount of the then current Monthly License Fee annually on the
anniversary date of the commenc€ment Date in contribution toward operating expenses.
(d) ln addition to the Monthly License Fee, Licensee will be responsible for a
finance charge of one and one half percent (1-112o/o) per month, or eighteen percent (180/o
annually) on all past due balances.
5. Technical Standards. Licensee agrees that the installation, operation and
maintenance of its Site Equipment shall at all times, and at Licensee's expense, comply with such
technical standards as may from time to time be established by Licensor for the Antenna Site,
including, with-out limitation, technical standards relating to frequency compatibility, radio
interference proteclion, antenna type and location and physical installation (the "Technical
Standards"). The cunent Technical Standards are attached hereto as Exhibit B. lf any new
iechnical standards established by Licensor shall require that Licensee modify or revise the then
existing installation, operation or mainlenance of its Site Equipment, Licensee shall make such
modilications or r6visions within a reasonable time thereafter.
6 lnterference lf, in the sole judgment of Licensor, any elecirical, electromagnetic,
radio frequency or other interference shall result from the operation of any of Licensee's Site
Equipment, License€ agrees thEt Licensor may, at Licensols sole option, shut down Licensee's
equipment upon four (4) hours prior verbal notice to Licensee; provided, however if an emergency
situation exists, which Licensor reasonably determines in its sole discretion to be attnbutable to
Licensee's equipment, Licensor shall immediately notify Licensee verbally, who shall ac1 immediately
to remedy lhe €mergency situation. Should Licensee fail to remedy said emergency situation,
Liconsor may then act to shut down Licensee's equipment. Licensee shall indemnify Licensor and
hold it harmless from all expenses, costs, damages, loss, claims or other liabilities arising out of said
shutdown. Licensee agrees to cease operations (except for intermittent testing on a schedule
approved by Licensor) until the interference has been corrected to the satisfaction of Licensor. lf
such interference has not been corected within 60 days, Licensor may, at its sole option, either
terminate this Agreement forth-with, or may require that Licensee immediately remove from the
Antenna Site the specific item oi Site Equipment causing such interference, in which latter case the
Monthly License Fee shall be reduced by the portion of the fee applic€ble to such equipment for the
remainder of the Term and all other terms and conditions of this Agreement shall remain in full force
and etfect.
7. Common Equioment. Not Applicable.
8. Mainlenance. Licensor shall, at its expense, be responsible for the maintenance of
the Tower. Licensee shall be responsible, at Licensee's expense, for the maintenance of its Tower
mounled equipment including brackets, cable ties, antennas, antenna cables, control lines, cable
bridging, equipment shelter, equipment shelter systems and services, and all accessory and/or
hardware components associated with samel and Licensee shall respond to Licensofs notice to
make necessary repairs within seventy-two (72) hours, which notice may be verbal. lf Licensor, in
its sole judgment, deems any repairs to Licensee's tower equipment necessary for the protedton of
life or property, and if Licensee is unable or unwilling to effect such repairs expediently, Licensor
may effect the necessary repairs, and Licensee shall pay LicensoCs invoice therefore within fourteen
1 Super Towers - Collier County - 2 /5 /2074 Page 3
(14) deys of receipt. Only tower service organizations epproved by Licensor shall ascend the Tower
or do any installations, service or maintenance work on the Tower. Licensee, its employees, agents
or invitees shall not ascend the Tower without written approval from Licensor, and then only upon
providing evidence of insurance coverage as may be reasonably required by Licensor and naming
Licensor as cojnsured.
ln the event that mainlenance of the Tower requires structural work or repair, Licensee shall provide
full cooperation and accommodation to the Licenso/s efiorts to complete such maintenance or repair
work in an expedient and timely manner up to and including the temporary powering down or shut
down of the Licensee's transmitting equipment for the period of time and sp€cmc work hours
deemed necessary to complete the work.
9. Tower Reolacement. lt the existing Tower is replaced with a new Tower due to a
failing in the structural integrity of the existing Tower resultrng from any reason or cause, Licensor
shall provide Licensee with written nolice of such pending event including the time frame for the
construction of lhe new Tower and dismantling of the existing Tower. Upon such notice, the
Licensee shall have the option to either i) terminate this Agreement effective upon the
decommissioning date of the existing Tower, or ii) transfer the then current term of this License, to
the new Tower subject to Licensee's relocation of the Licensed Site Equipment to the new Tower
within the Licensods allotted time frame and at the Licensee's sole expense. ln the event Licensee
elecls not to relocale to the new Tower, this Agreement shall terminate upon the existing Toweis
decommissioning date provided in the Tower replacement notice referenced above, at which time,
Licensee shall have all Licensee's Site Equipment removed from the Tower.
10, Electrical Facilities. The securing and maintenance of electric power to service the
License€'s Sits Equipment shall be the sole responsibility of the Licensee. All electric service feeds
shall be of the underground type, and proposed electric service feed routes shall require the prior
approval of the Licensor. The installation ot a propane fueled electric porrer generator unit shall be
allowed per the conditions provided in Exhibit A.
11. AIR CONDITIONING. Not Applicable.
'12. Compliance with Laws. The access to, and installation, maintenance and operation
of Licensee's Site Equipment must at all times be in strict compliance with the Technical Standards,
all applicable federal, state and local laws, ordinances, and regulations and the rules and regulations
of the Antenna Site.
13. Housekeeoino and Co-existence. Licensee shall keep its Site Equipment and the
areas immediately surounding same neat and clean at all times, rnduding the removal of all solid,
liquid, and gaseous debns, trash, and waste. lf the Licensee's licensed space is not kept clean and
maintained, the Licensee will be advised of noted deficiencies in writing, and Licensee fails to
abate the condition within ten (10) days, conective action will be taken by the Licensor and the co6t
of such aclion will be charged to the Licensee at lhe rate of cost plus 2007o.
Licensee shall conduct its business and cofltrol its agenls, employees, invitees and visitors in such
manner as not to create any nuisance, or interfere with, annoy or disturb any other Licensee or
1 Super Towers - Collier County - 2/5/2074
7チ
Page 4
Licensor in its operation of the Antenna Site. Licensor shall have no obligation to license, maintain,
operate or safeguard the Site Equipment.
14. Asshnment and sublicensino. Licensee may not assign this Agreement without the
prior written consent of Licensor, which consent Licensor may withhold in its sole discretion.
Licensee shall not be permitted to sublicense to, or share its Site Equipment with, third parties
without the prior written consent of Licensor, whrch consent Licensor may withhold in its sole
discretion. Licensor shall have the right to freely transfer and assign, in whole or in part, all its rights
and obligation hereunder and no further liability or obligation shall lhereafler accrue against Licensor
hereunder.
15. Inspection. Licensee shall permit Licensor, its agents and/or representatives at all
hours to have acress to Licensee's Site Equipment to (a) inspect Licensee's Site Equipmenl, (b)
make technic€l measurements or tests related to the Site Equipment, provided that no hard electrical
connections are made to Licensee's Site Equipment when Licensee or ils representative(s) is not
present, (c) perform any obligations of Licensee hereunder which Licensee has failed to perform, for
which work Licensee agrees to pay Licensofs invoice lherefore promplly, (d) assure Licensee's
compliance with the terms and provisions of this License and all applicable laws, ordinances, rules
and regulations for which work Licensee agrees to pay Licensofs invoice lherefore promptly.
16. lnstallations. Maintenance. Reoairs and Removal. Licensee, and those Licensee
agents, representatives, employees, subcontractors, and suppliers who are pre-approved by the
Licensor shall have unrestricled 2417 a@ess to the Licensee's Site Equipment, shelter and related
ground equipmenl located at the Antenna Sile. All other agents, representatives, employees,
subcontractors, and suppliers must obtain Licensor approval and authorization to access the
Antenna Site with request being subject to not less than three (3) business days prior notice. ln the
case of an emergency (outage or significant and immediate hazard condition) the prior notice
requirement shall be waived for those having pre-approved status in lieu of Licensee requirement of
reasonable attempts to provide immediate notice consistent with Licenso,'s site access policies and
procedures that are in place at such time.
Prior to installing or allowing the installation or replacement of any equipment in or on the Antenna
Site, Licensee shall submil a detailed scope of work, including any specific equipment information
andior plans and specirications requested, to the Licensor for approval. Plans and specifications for
planned installations shall in all events be in compliance with the Licensods Technical Standards,
and Licensor, or its designee, shall have forty five (45) days from receipt of the scope of work,
including any specific equipment informalion and plans and specifications within which to approve or
disapprove of seme. A non,response by the Lic€nsor upon the passing of the forty frfth 145h) day
shall be deemed a DENIAL of lhe Licensee's proposed installation. ln no event will Licensods
approval of Licensee's plans and specifications be deemed a representation of compliance with
applicable laws, ordinances or rules and regulations, or any representation that the planned
installation will not ceuse interference with other communications operations, such responsibility
being solely Licensee's.
Licensor shall have the right of prior approval of any contractors performing installation, modification
or maintenance work on behalf of Licensee on the Antenna Site, which approval shall not be
unreasonably withheld, but which once given may be rescinded by Licensor. lf Licensee performs
1 Super Towers - Collier County - 2/5/?Ot4
￠
Page 5
its own installation, modification or maintenance work, Licenso/s right of prior approval shall also
extend to Licensee as a contractor, and any reasonable withholding or rescission of Licensor's
approval of Licensee as a conlractor shall not relieve Licensee of its obligations hereunder,
Licensee shall submit the name of any proposed contraclor to Licensor prior to such contraclor
perfoming any work on behalf of Licensor on the Antenna Site and Licensor 6hall notify Lic€nsee
within a reasonable period of time thereafter as to whether Licensor has approved such conlractor.
Provided Licensee is not in default of eny of its obligations hereunder, Licensee may remove its Site
Equipment at any time prior to the termination of this Agreemenl provided Licensee repairs any
damage to the Antenna Site caused thereby. lf Licensee does not remove its Site Equipment (to the
extent such is entitled to be removed) on or prior to the expiration or termination of this License
without written consent of Licensor, Licensee's Site Equipment shall be conclusively deemed to be
abandoned and shall become Licensofs property and Licensor may remove and/or dispose of such
Site Equipment as Licensor sees fit, all at Licensee's cost and expense. lf Licensee elects to
abandon any lransmission line which is the property of Licensee, and if Licensor consents to such
abandonment, then said lransmission line shall become the sole property of Licensor. Otherwise,
Licensee shall, at its expense, remove all transmission and/or control lines which are its property
and shall be responsible for any damage during the removal operation lo the Tower and
transmission line(s) belonging to olhers and shall indemnify Licensor against for all claims for
damages by any other Licensee to whom Licensor may have licensed all or any part of the Antenna
Site arising from or in any way related to the actions of Licensee.
All work to be performed at the Antenna Site shall be performed by individuals or enlities possessing
a valid policy of Workeis Compensation lnsurance and General Liability lnsurancp for the type of
work to be performed. Prior to the commencemenl of any work at the Antenna Site, the Licensee
shall: a) deliver a copy of the Certificates of lnsurance to Licensor, and b) procure all necessary
building and use permits for the work to be performed by or on behalf of Licensee. Licensor shall be
fumished with copies of the permit applications and copies of the permit cards and signoffs.
Licensee shall procure all necessary inspections and signoffs of the work required by govemmental
authorities and shall confirm that all its work at the Anienna Site conforms with applicable building
cod€s, OSHA regulations, use ordinances and all oth€r applicable govemmental regulations.
Licens€e shall pay for all permitting and licensing fees applicable to Lacensee's use of the Antenna
Site. Licensee's construction and installation work shall be performed at Licensee's sole cost and
expense and in a good and workmanlike manner.
17 . Tower Work. Any activity that r$ults in the n€ed for any person(s) to be
prclent upon the towBr structure ("Tower Work"), shall be Eubject to the follouring additional
requirements:
(a) Licensee is required to obtain prior written approval from Lacensor for any and all Tower
Work with approval by the Licensor not being unreasonably withheld, condilioned, or
delayed.
1 Super Towers - Collier County - 2/5/2014
(b) Licensee ackno\ ledges that Tower Work approval applies to the Licensee, and/or any
person working on behalf of Licensee and thal specific approval from the Licensor is required
for €ech and any occunence of Tower Work being performed.
(c) Except in the case of emergency, Licensee will submit its request for Tower Wort to the
Licensor at least three (3) business days in advance and in accordance with the Licensofs
polioes and practices that are in place at the time which shall rnclude, but nol limited to:
i) The identification of the persons or entity performing the ',vork and
ii) A description of the nature and scop€ of the work to be done.
(d) Licensor approval of Tower Work requests shall be subject to the following:
i) Cunent Cedmcates of lnsurance evidencing valid policies of General Liability and
Workeis Compensation coverage for all workers scheduled to perform Tower Wort
on behalf of Licensee being on lile with, or made available to, the Licensor at the
time of the request and being reasonably satisfadory to Lic€nsor.
ii) All other certifi€tes, certifications, proof of competency, liability waivers, or other
documents required by the Licensois general Tower access policies and procedures
in effect, and subject to change from time to time, being on lile with, or made
available to, the Licensor at the time of the request.
iii) The Licensee's proposed Tower Work will not cause equipment to be installed
that is dfterent from the Equipment sp€cified by this Agreement without Licensor
approval as provided in Paragraph 16 or elsewhere in this Agreement.
iv) The proposed Tower Work schedule will not conflict with any other previously
scheduled Tower dimbing work.
v) There are no other condilions considered by the Licensor to be a reasonable
cause for denial or delay.
Licensee acknowledges that Tower climbing is a high risk activity, and that the Licenso/s Tower
Work policies and procedures are reasonable requirements for ihe sake of the safety of peBons and
property, and Licensee agrees to comply with these requirements, Licensee agrees that To$/er work
performed on their behalf shall only be performed by Licensor approved climbers. ln the event thal
Tower Wort is done on behalf of or by Licensee for any reason, without Licensofs previous
approval, Licensee ackno$,ledges that Licensor will have to inspect the Tower. Accordingly,
Licensor will invoice Licensee, and Licensee agrees to pay an inspection fee of $1,500.00, or
Licenso/s actual invoiced cost, if greater ("lnspeclion Fee"), due and payable within fourteen (14)
days, payable to Licensor, upon each and any occunence of such unapproved Tower Work.
18. Fire Clause. ln the event of a fire or other casualty in or on the Antenna Site,
Licensee shall immediately give notice thereof to Licensor. lf the Antenna Site through no faull or
neglec{ of Licensee, its agents, employees, invitees or visitors, shall be partially destroyed by fire or
1 Super Towers - Collier Counry - 2/512014
other casually so as lo render the Antenna Site unusable, the Monthly Licensee Fee provided for
herein shall abate thereafler until such time as the Antenna Site is made usable as determined by
Licensor. ln the evenl of total or partial destruction of the Antenna site without fault or neglect of
Licensee, its agents, employees. invitees or visitors, henceforlh this License shall cease and come
to an end. Nothing herein shall be construed to require Licensor to rebuild the Antenna Sate, but if
Licensor decides not to rebuild, this License shall terminate as of the date of such total or partial
destruction.
19. Forc€ Maieure, ln the event that Licensor is delayed in, or prevented from
performing pursuant to the terms and conditions of this Agreement, by reason of or through any
cause reasonably beyond its control and not altributable to its neglect, including strike, stoppage in
labor, failure of crntraclors or suppliers of materials, riot, flood, fire, hunicane, weather, invasion,
civil war, commotion, insunection, military or usurped power, ord€r of any court grant€d in any bona
Iide adverse legal proceeding or adion, order of any civil or military authority (either de facto or de
jure), explosion, act of God or public enemies, unscheduled outages of generation, transmission or
distribution facilities; then, and in each such c:rse or cases, Licensor shall not b€ liable to Licensee
or any other party for or on account of any loss, damage, injury, or expense (including consequential
damages) resulting from or arising out of any sucfi delay or prevention from performingi and
provided further, that Licensor shall not be required to setlle a strike affeciing it except when,
according to its own best judgment, such a settlement seems advisable.
20. Condemnation. lf the Antenna Siie or any portion thereof shall be laken under
eminent domain or condemnation proceedings, or if suit or other action shall be instituted for the
taking or condemnation thereof, or if in lieu of any formal condemnation proceedings or actions the
Licensor shall grant an option to purchase and/or shall sell and convey the Antenna Site, or any
portion thereof, to the govemmental or other public authodty, agency, body or public utility, seeking
to take said land and premises or any portion thereof, then this Agreement, at the option of the
Licensor, shall terminate and the Term hereof shall end as of such date as the Licensor shall fix by
notice in writingi and the Licensee shall have no claim or right to claim or be entitled to any portion of
any amount which may be awarded as damages or paid as the result of such condemnation
proc€edings or paid as the purchase price for such option, sale or conveyance in lieu of formal
condemnation proceedings; and all rights of the Licensee to damages, if any, are hereby assigned to
the Licensor. The Licensee agrees lo execute and deliver any instruments, at the expense of the
Licensor, as may be deemed necessary or required to expedile any condemnation proceedings or to
effecluate a proper transfer of title to such govemmental or other public authority, agency, body or
public utility seeking to take or acquire the said lands and premises or any portion thereof. The
Licensee covenants and agrees to vacate the Antenna Site, removing all of the Licensee's personal
property therefrom and delivering up peaceable possession thereof to the Licensor or to such other
party designated by the Licensor in the aforementioned notice. Licensee may lile a claim for any
loss of Licensee's Property; moving expenses, or for damages for cessation or interruption of
Licensee's business, provided such claim will not diminish Licensofs re@very. Licensee will be
entltled to roimbursement for any prepaid License Fee.
21 . Damaoes from Certain Causes Licensor or its agents shall not be liable or
responsible to Licensee for any loss or damage to any property or person ocfasioned by theft, fire,
act of God, public enemy, iniunction, riot, strike, insuneclion, war, courl order, requisition or other
order of govemmental body or authority, or for any damage or inconvenience which may anse
1 Super Towers - Collier County - 2 /5/2014
through maintenance. repair or alteration of any parl of the Antenna Site, or failure to make any such
repairs.
22. lnsurance. Licensee will keep in force at its expense as long as this Agreement
remains in effect and during such other time as Licensee uses any part of the Antenna Site, and
shall cause its contractors and subcontractors to keep in force for the period of time when th€y are at
lhe Anlenna Site, tne following insurance coverage's:
(a) Workefs compensation to the extent required by law;
(b) Commercial general liability insurance, with respect to the Antenna Site, wiih cariers
authorized to do business in Florida and possessing a rating of A- or better from AM Best,
and with minimum limits of $2.0dr.0OO.0O on account of bodily iniury or deaih, property
damage, products completed operations, personal iniury, advertising injury and contractual
liability.
(c) An additional $6.UN.000.00 will be canied excess of the primary $2,000,000.00 via an
umbrella policy or excess liability policy.
Products and completed operations coverage shall survive this Lic€nse Agreement and remain in
force for a minimum of two (2) years afler any work performed at the Antenna Site.
Licensee's Site Equipment at lhe Antenna Site will be covered by an all risUspecial perils property
poliry at one hundred percent (100%) of the replacement cosl value of all Site Equipment and
apparatus installed pursuant to this License Agreement; and such other insurance as may be
necessary to insure the indemnification obligations of Licensee pursuant to this Agreement.
Licensee will provide cunent cErtiflc€tes of insurance to Licensor, Licensee will also name Licensor
and its mortgagees (and at Licensofs request, subied to the consenl ol Licensee and Licensee's
lnsurance canier, which consent shall not be unreasonably wlthheld, and at no cost lo Licensee, any
additional parties reasonably designated by Licensor) as an additional insured's under the
Commercial General Liability policy, and such policy shall contain a provision stating that the insurer
shall nolify Licensor in writing that a policy is due to expire or being cancelled at least thirly (30) days
prior to such expiration or termination.
Neither Licensee nor Licensor, nor lheir respective agents or employees, shall be liable to the other
(or to anyone claiming through or under them by way of subrogation or otheMise) for loss or
damage of e type normally covered by comprehensive liability. workel,s compensation. fire. "all-risk",
th6ft and vandalism insurance covering the Site Equipment, the Antenna Site, the Tower, personal
injury or disability. Licensor and Lic€nsee shall each cause their insurance policies to contain
clauses or endorsements that the aforesakl releases shall not adversely affect or impair a partys
rights to recover under said insurance policies.
Licensee may update the minimum coverage amounts as provided herein to commercially
reasonable amounts upon commencement of any Renewal Term of this License.
1 Super Towers - Collier Counry - 2/5/2074
23. Licensee shall defend, indemnify, and hold Licensor harmlass ftom and against all
claims, suits, aclion, proceedings, Iosses. damages, responsibilities, liabilities, demands, judgments,
sxecutions, reasonable attom€ys' tees (including attomeys' fees to enforce this indemnity) and expenses
incurred by or asserted against Licensor to the extent arising oul of or related to this Agreemsnt or th€
Licensee's use of the Tow6r.(a) Nothing wathin this ARTICLE shall alter or vvaive the provisions of Florida
Statutes Chapter 7ffi.28 or the limitations of liability contained therein.
24. Hold Harmless. Licensor or its agents, employees and subcontractors shall not be
liable to Licensee, or to Licensee's agents, employees, cuslomers or invitees for any damage to
person or property caused by any act, omission or neglect of Licensee, ils agents, or employees,
and Licensee agrees lo indemnify and hold Licensor, its agents, employees and subcontraclors
harmless from all liability and claims for bodily injury or property damage resulting from Licensee's
negligence.
25. Limitation of Licensof s Personal Liabiliw. Licensee specifically agrees to look solely
to Llcenso/s interest in the Antenna Site for the recovery of any judgment from Licensor, it being
agreed that Licensor shall never be personally liable for any such judgment.
26. Failure to Perfom. Defaults. Remedies. Each of the following events shall conslitute
a'Default":
a). lf Licensee shall (x) make an assignment for the benefit of creditors; (y) file or
acquiesce to a petition in any court (whether or not pursuant to any statute of the United States or of
any State) in any bankruptcy, reorganization, compositaon, extension, anangement or insolvency
proceedings; or (z) make an application in any such proceedings for or acquiesce to the appointment
of a trustee or receiver for it or any portion of its property.
b). lf any pelition shall be filed against Licensee, to which Licensee does not
acquiesce in any court (whether or not pursuant to any statute of the United Slates or any State) in
any bankruptcy, reorganization, composition, extension, anangement or insolvenry proceedings;
and (x) Liconsee shall thereattar be adjudicated a bankrupt; or (y) such petition shall be approv€d by
any such court; or (z) such proce€dings shall not be stayed, dismissed, discontinued or vac€ted
within ninety (9O) days.
c). lf, in any proceeding, pursuant to the application of any person other than
Licensee, to which Licensee does not acquiesce, a receiver or lrustee shall be appointed for
Licensee, or for all or any portion of the property of either, and such receivership or lrusteeship shall
not be set aside within one hundred twenty (120) days after such appointment.
d). lf Licensee shall fail to pay the License Fee, or any other charge required to be
paid by Licensee hereunder, when the same shall become due and payable, and such failure shall
continue for lifteen (15) days.
e). lf Licensee shall fail to perform or observe any other requirement of this
Agreement to be performed or observed by Licensee but not specifically refened to in this Section,V1 Super Towers - Collier County - 2/5/2074
)C/ Page 10
and such failure shall conlinue for thirty (30) days (or such shorter period as may be specmcally
required pursuant to another provision of this Agreement) after Licensor shall give notice of lhe
failur€ to Licensee, or in calse the failure be of such nature that it cannot be cured within said period
of thirty (30) days, then if Licensee shall fail within said thirty (30) day penod to commence to cure
such Default and thereafter to diligently pursue completion of said cure.
f). This Agreement is subject to the following limitation: if at any time a Derault shall
occur, then upon the happening of any one or mo.e of the aforementioned Defaults, Licensor may
give to Licensee a notice of intention to end the Term of this Agreement at the expiration of thirty
(30) days from the date of service of such notice of termination. At the expiration of such thirty (30)
days, this Agreement and the Term, as well as all of the right, title and interest of the Licensee
hereunder, shall wholly cease and expire, and Licensee shall lhen quit and vacate the Tower Sile
and Tower. Notwithstanding such termination, sunender and the expiration of Licensee's right, title
and interest, Licensee's liability under all of the provisions of this Agreement shall continue.
lf this Agreement shall be terminated as herein provided, Licensor, or its agents or employees, may
remove Licensee, Licensee's agents, employees, sub licensees and any invitees, together with any
of its or their property and Equipment, from the Tower and Tower Sate, without any summary
dispossess proceedings or any other action or proceeding at law. ln the event of such termination,
Licensor may repossess and enjoy any space on the Tower, in any building or trailer or anywhere
else on the Antenna Site used by Licensee pursuant to this Agreement-
ln case of rrentry, repossession or termination of this Agreement, whether the same is the result of
this institution of summary or other proceedings or not, Licensee shall remain liable (in addition to
accrued liabilities) to the extent legally permissible for (i) the (x) License Fees, and all other oiarges
provided for herein until the date this Agreement would have expired had such termination. r€-entry
or repossession not occuned; and (y) reasonable expenses lo which Licensor may be put in re-
entering the Licensed Space or repossessing the same; making good any Default of Licensee;
relicensing the same (including reasonable disbursements, marshal's fees, brokerage fees, in so
doing); minus (ii) the net proceeds of any relicensing. Licensee agrees to pay to Licensor the
difference between items (i) and (ii) hereinabove with respect to each monlh, al the end of such
month, Licensor Ehall use its best faith efforts to mitigate its damages in the event of a default
hereunder by Licensee.
lf Licensor so elects as an altemalive to the remedies set forth in the preceding paragraph, Licensee
shall pay Lic€nsor, on demand, as liquidated, agreed final damages and not as penalty, an amount
equal to one (1) year License Fee. Upon paymenl of such liquidated and agreed final damages,
Licensee shall be under no further liability with respect to this Agreement afler the date of such
demand.
lf Licensee shall be in Default hereunder, Licensor may, at any time thereafter, cure said Default for
the account and at the expense of Licensee. Licensee shall pay, with interest at a rate of the lesser
of eighteen (18olo) percent per annum or the maximum statutory interest rate, lo Licensor on demand
the amount so paid, expended or incurred by lhe Licensor and any expense of Licensor including,
but not limited to, attomeys' reasonable fees incuned in connection with such Default; and all of the
same shall be deemed to be an additional License Fee.
1 Super Towers - Collier County - 2/5/201+Page 11
Except as specmcally set forth herein, with respecl to the rights end remedies of and waivers by
Licensor: (a) the rights and remedies of Licensor sel {orth herein shall be in addition to any other
right and remedy now and hereafter provided by law. All such rights and remedies shell be
cumulalive and not exclusive of each other; (b) a single or partial exercise of a right or remedy shall
not preclude (i) a furlher exercise thereof or (ii) the exercise of enother right or remedy, from time to
time; (c) no delay or omission by Licensor in exercising a right of remedy shall exhaust or impair lhe
same or constitute a waiver of, or acquiescence to, a Default; (d) no waiver of a Default shall extend
to or affect any other Default or impair any right or remedy with respect thereto; (e) no action or
inaction by Licensor shall constitute a waiver of a Defaulti (t) no waiver of a Default shall be
effedive, unless it is in writing.
27. Notice. Any notice, communication, request, reply or advise (herein severally and
colleciively, for convenience, called "notice") in this Agreement provided or permitted to be given,
made or accepted by either party to the other must be in writing and shall efiectively be given if (i)
handdelivered; (ii) sent by Federal Express or a comparable ovemight mail servicei or (iii) sent by
prepaid registered or certilied mail, return receipt requested Notice given in any other manner shall
be effeciive only if and when received by the olher party to be notilied, except as may be herein
provided with regard to verbal notice.
For purposes of notice the addresses of the parties shall, until changed as hereinafler
provided, be as follows:
lf to Licensor, to:Timothy G Sheehan
34 Main Street
VVenham,MA 01984
Telephone#1978-5268306
Fax#:978‐468‐2809
8oard of County Commissioners
c/o Real Prope"Management
3335 Tamiami Tra∥
Napies,FL 34112
Telephone#:239252-87431
Fax#: 239-252-8876
lf to Licensee, to:
Payments to be made payable to:Super Towers,lnc
34 Main Street
Wenham,MA 01984
Telephone#:978-5208306
Fax#:978468-2809
The parties hereto and their respective heirs, successors, legal representative and assigns shall
have the right from time to time at any time to change their respective addresses and each shall
1 Super Towers - Collier County -2/5/2074 Pase 12
Vlqh,il,l
have the right to specify as lts address any other address, by at least fifleen (15) days Mitten notice
to the other party.
28. Partial hvaliditv. lf any term or provision of this Agreemenl, or the application thereof
to any person or circumstance, shall to any extent be invalid or unenforceable, as finally determined
by a court of competent jurisdiction, the remainder of this Agreement or the application of such term
or provision to persons or circumstances other than those as to which it is invalid or unenforceable,
shall not be affecied thereby, and each lerm and provision of this Agreement shall be valid and
enforced to the fullest enent permitted by law.
29. Attornevs' Fees. lf Licensee fails to perform any of the terms, covenants,
agreements or conditions contained in this Agreement and Licensor places the enforcement of this
Agreement, or any part thereof, or the collection of any sums due, or to become due hereunder in
the hands of any attomey, or files suil upon same, Lic€nsee agrees lo pay Licensofs reasonable
attomeys' fees.
30. Non-Waiver. Failure of Licensor to insist on stricl performance of any of the
conditlons, covenants, terms or provisions of this Agreement or to exercise any of its rights
hereunder shall not waive such rights, but Licensor shall have the right to enforce such rights at any
time and take such action as might be lawful or auihorized hereunder, either in law or in equity. The
receipt of any sum paid by Licensee to Licensor afler a breach of this Agreement shall not be
deemed a waiver of such breach unless epressly sel forth in writing.
31. Alteration. This Agreement may not be altered, changed, or amended, except by an
instrument in writing signed by both parties hereto.
32. Subordination and Attornment. This Agreement shall not be a lien against the Tower
or Antenna Site and shall be subied and subordinate to any mortgages, or ground or master leases
that are, now or may hereafter be placed upon the Antenna Site. All such mortgages, or ground or
master leases shall have preference and precedence, and be superior and prior in lien, to this
Agreement, inespective of the date o, recording. This provision shall be self-operative, and no
further instrumeni of subordination shall be required. Nevertheless, Licensee agrees to execute,
without cost, any instruments which Licensor may deem necessary or desirable to confirm the
subordination of this Agreement. A refusal by the Licensee to execule such instruments shall
constitute a Default under this Agreement.
lf the Tower or Antenna Site are encumbered by a Mortgage and such Mortgage is foreclosed, or if
the Tower or Antenna Site are sold pursuant to such foreclosure or by reason of a default under said
Mortgage, the notwithstanding such foreclosure, sale or default: (i) Licensee shall not disaffirm this
Agreement or any of its obligation hereunder, and (ii) at the request of the applicable Mortgagee or
purchaser at 6uch foreclosure or sale, Licensee shall at tom to such Mortgagee or purchaser and
€xecute a new license for the Licensed Space setting forth all of the provisions of this Agreement
except that the term of such new Agreement shall be for the balance of the Term.
33. Construction Liens. Licensee is hereby notified that Licensofs
Property shall not be subject lo liens for any improvements made or equipment
loterest
insta∥ed
Property by Licensee, its agents, contractors, subcontractors or suppliers. ln the
1 Super Towers - Collier County - 2/5/2014
any
lien shall at any time, whether beiore, during or after the Term, be liled against any part of the Tower
or Tower Site by reason of work, labor, servi@s or materials performed for or furnished to Licensee
or to anyone holding the licensed space through or under Licensee, Licensee shall forthwith cause
the same to be discharged of record or bonded to the satisfaction of Licensor. lf Licensee shall fail
to cause such lien to be discharged or bonded within fourteen (14) days after being notified in writing
of the filing thereof, then, in addition to any nght or remedy of Licensor, Licensor may discharge the
same by paying the amount claimed to be due, and the amount so paid by Licensor and all costs
and expenses (including reasonable atlomeys' fees ancuned by Licensor in procuring the discharge
of such lien) shall be due and payable by Licensee lo Licensor as an additional License Fee upon
demand.
34. Holdover. lf Licensee remains in possession of all or any part of the Licensed
Premises after the expiration or termination of this Agreement, Licensee shall be deemed as a
tenant-at-sufferance on a month-to-month basis, subjeci to all the terms, covenants, and conditions
of this Agreemenl, exc€pt those pertaining to the term of the Agreement, and shall pay a monthly fee
equal to two hundred percent (200o/ol oi the most recenl License Fee. Licensee's occupancy shall
continue on a month-to-month basis until: a) terminated by Licensor or Licensee, with written notice
of not less than thirty (30) days to the other, or b) renewed by written Agreement signed by all
parties.
35. Construction of Aqreement. Should any provision of this Agreement require
interpretation in any judicial, administrative or other proceeding or circumstance, it is agreed that the
courl, administrative body or other entity interpreting or construing the same shall not apply a
presumption that the terms thereof shall be more stricily construed against one party by reason of
the rule of construction that a document is to be construed more slrictly against the party who
prepar€d the same, it being turlher agreed that both parties hereto have fully participated in the
preparation of this Contract.
36. Section and Paraqraph Headinos. The section and paragraph headings herein
contained are for lhe purposes of identification only and shall not be considered in construing this
Contract.
37. Time of the Essence. Time is of the essence in the p€rformance of all obligations by
Licensor and Licensee under this Agreement.
38. Joint and Several Liabilitv. lf two or more individuals, corporations, partnerships or
other business associations (or any combination of two or more thereoO shall sign this Agreement as
Licensee, the liability of each such individual, corporation, partnership or other business association
to pay License Fees and perform all other obligations hereunder shall be deemed to be Joinl and
several. ln like manner, if lhe Licensee named in this agreements shall be a partnership or other
business essociation, lhe members of which are, by virtue of statute or general law, subjecl to
personal liability, the liebility of each such member shall be ioint and several.
39. Aulhoritv. Licensee and the person execlting this License on behar of licensee
rspresent and wanant that such entity is a corporation duly qualified to do business in Florida and
that the individuals executing this License Agreement on Licensee's behalf are duly to
//
1 Super Towers - Collier County - 2 /5 /2014 Page 14
execute and deliver this License Agreement on its behalf and that this License Agreement is binding
upon Licensee in accordance with its terms.
40. Successors and Assiqns. This Agreement shall inure to the benefit of and be binding
upon the successors and assigns of the respective parties hereto.
41. Goveming Law: Venue. This Agreement shall be govemed by and construed in
accordance with the laws of the State of Florida. Each of the parties inevocably and unconditionally:
(i) agrees that any suit, action or legal proceeding arising out of or relating to this Agreement shall be
brought in the courts of record of the State of Florida in Lee County; (ii) consents to the jurisdiction of
each such court in any suit, action or proceeding; and (iii) waives any objection which it may have to
the laying of venue of any such suit, adion or proceeding in any of such courts.
lN WITNESS WHEREOF, the parties hereto have executed this License as the date aforesaid.
WiTNESSES:L:CENSOR:
Sheehan, President
Date:タ
\Mtness Signature
Wtness Name (Print/Type)/′ノδ
for Licensee
, County Attorney
L:CENSEE:
80ARD OF COUNIY COMMiSSiONERS
COLLIER COUNTY,FLOR:DAC
面 rmant
1 Super Towers - Collier County - 2/5/2014 Page 15
ュ 0ノ
Super Towers, lnc. / Collier County
LICENSE TERMS AND PAYMENTS
The Annual License Fee for the first year of this Agreement shall be $39,000.00, which shall be paid
monlhly installments of $3,250.00 (Monthly Licensing Fee) consistent with Seclion 4(a) and subieot
to annual escalation of two and one haff (2.5%\ percent, effective on each annual anniversary of the
Commencemenl Date presented in Section 3 (a) of this agreement.
The lnitial Term of this Agreement is five (5) years, and this Agreement shall renew automatically for
two (2) additional terms of five (5) years unless one of the parties gives notice to the other party, in
wriling, of nonrenewal with such notice being given not less than ninety (90) days prior to the
expiration of the then currenl term of the Agreement. lf this Agreement is permitted to automatically
renew, all of the terms, and conditions contained within it shall continue in forc€ and the annual
escalator shall continue to apply.
The Licensee shall also make remittance to the Licensor for those payments if, and when due, in
association with Sections 4(b),4(c), and 4(d) and as otherwise provided in the Agreement.
The lnitial Tern Commences on: April
First renewal term commences on: April
Second renewal term commences on: April
, 2014 and expires April 1 , 2019;
, 2019 and expires April 1, 2024;
, 2024 and expires April 1 , 2029.
LICENSED SITE EQUIPMENT
To,\rer Mounting of 2 fiberglass antennas at the 210 foot level, one microwave dish at the
160' level, and associated line bridge, antenna / conlrol lines, mounts, and fasteners per the
attached drawings (including specmc equipment (antenna) product identificalion, frequency
information, and mounting location) attached hereto and identified as Addendum 1.
A 12'X20'modular equipment shelter including front end entry access stairs and a rear end
security fencing of the building service systems (Air conditioners and eleclric seNice)
covering a total ground are not lo exceed 360 s.f, (12' X 30 ) placed and constructed per the
Licensor approved site plan and construction drawings attached hereto and identified as
Addendum 2.
An emergency power generator system encompassing not more than 540 s.f. of ground
space (including any associated setback / restricted use area) placed and constructed per
the Licensor approved site plan and construction drawings attached
1.31 Super Towers - Collier County - 2/5/?014
EXH:BIT B
Super Towers, lnc. , Collier County
Technical Standards
TIA - Telecommunications lndustry Association Standards
EIA - Electronic lndustry Association Standards
OSHA - Rules and Regulations
Rules and Regulations posted at the Antenna Site
Any written policies and/or procedures that the Licensor may have
in place regarding the Tower, Antenna Site and this Agreement.
1 Super Towers - Collier County - 2lS/20L4 Page 1