Agenda 05/26/2015 Item #16E 1 5/26/2015 16.E.1.
EXECUTIVE SUMMARY
Recommendation to approve and execute a Memorandum of Lease with SBA Towers II
LLC regarding the tower on County-owned property located at the Golden Gate Public
Safety Complex.
OBJECTIVE: The County's tenant, SBA Towers II LLC (Tenant), has requested that a
Memorandum of Lease (MOL) be prepared and executed so that the MOL may be recorded in
the Public Records of Collier County.
CONSIDERATIONS: On May 22, 2001, the Board of County Commissioner approved a Lease
Agreement with the predecessor of SBA Towers II LLC, Omnipoint Holdings, Inc., for use of
approximately 1,600 square feet of vacant land at the Golden Gate Public Safety Complex to
erect a radio communications tower.
The County has two antenna locations on the tower, at no cost, and this year's rent collected
was $33,357.47 which is increased by 4% annually.
It was the Tenant's intent to record a MOL at the time the Lease Agreement was executed, but
did not do so and is now requesting that the MOL be processed. The MOL is not required by the
County. The MOL reflects the condensed terms and conditions contained in the original lease
so that third parties are aware of the Tenant's possession and rights associated with the leased
area that would affect creditors, mortgagors, contractors, suppliers, insurance carriers, and
other parties doing business with the Tenant. The sole cost of the recording of the document
will be borne by the Tenant.
The Office of the County Attorney has reviewed the MOL for legality.
FISCAL IMPACT: There is no fiscal impact related to this item.
GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth
Management Plan.
LEGAL CONSIDERATIONS: Private parties will record a Memorandum of Lease to put people
on notice of the existence of a commercial lease. A Memorandum of Lease typically contains
only the most critical, but not confidential provisions of the lease. Because leases with
governmental entities are generally public records, it is not the County's practice to prepare a
Memorandum of Lease for each Lease. The proposed Memorandum of Lease was prepared
and requested by the Tenant. It contains a provision that it does not alter the terms of the
Lease Agreement and that in the event of a conflict the Lease shall prevail. Accordingly, this
item is legally sufficient and requires a majority vote for Board action. -JAB
RECOMMENDATION: That the Board of County Commissioners approves and authorizes its
Chairman to execute the attached Memorandum of Lease with SBA Towers II LLC.
PREPARED BY: Michael H. Dowling, Senior Property Management Specialist, Real Property
Management, Facilities Management Department.
/'e,
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.1.
Item Summary: Recommendation to approve and execute a Memorandum of Lease with
SBA Towers II LLC regarding the tower on County-owned property located at the Golden Gate
Public Safety Complex.
Meeting Date: 5/26/2015
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior, Facilities Management
4/27/2015 11:51:11 AM
Submitted by
Title: Property Management Specialist, Senior, Facilities Management
Name: DowlingMichael
4/27/2015 11:51:12 AM
Approved By
Name: MottToni
Title: Manager-Property Acquisition&Const M,Facilities Management
Date: 4/28/2015 9:58:58 AM
Name: SummersDan
Title: Division Director-Bureau of Emer Svc, Bureau of Emergency Services
Date: 4/28/2015 10:28:45 AM
Name: LinguidiDennis
Title: Manager-Facilities,Facilities Management
Date: 4/28/2015 5:50:27 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 4/29/2015 5:03:31 PM
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5/26/2015 16.E.1 .
Name: PriceLen
Title: Department Head-Administrative Svc, Administrative Services Department
Date: 5/11/2015 9:57:19 AM
Name: KimbleSherry
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 5/12/2015 9:01:26 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/13/2015 9:19:09 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/13/2015 12:49:48 PM
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Document Prepared by and
Upon Recording Return to:
Dee Ott,Recording Administrator
SBA Communications Corporation
5900 Broken Sound Parkway,
NW Boca Raton,FL 33487
(561)226-9513
SBA Site ID: FL13625-A
MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE (herein "Memorandum") is made this day of
2015, by and between Collier County, a political subdivision of the State of Florida, (herein "Lessor"),and
SBA Towers II LLC, a Florida limited liability company, having a principal office located at 5900 Broken
Sound Parkway,NW,Boca Raton,FL 33487(herein"Lessee").
WHEREAS,Lessor and Omnipoint Holding,Inc.,a Delaware corporation("Original Lessee")entered
into that certain Lease Agreement dated May 22, 2001 (herein the "Lease Agreement") whereby, Lessor
leased to Original Lessee the land described in Exhibit"A"attached hereto and made a part hereof;and
WHEREAS, Original Lessee assigned its interest under the Lease Agreement to ClearShot
Communications, LLC, pursuant to that certain Assignment of Lease, dated September 10, 2002,
respectively, (the "Assignment P'); and Light Tower Wireless, LLC, a Delaware limited liability company,
f/k/a National Grid Communications, Inc.,as successor in interest by merger to ClearShot Communications,
LLC, assigned its interest under the Lease Agreement to Lessee, pursuant to that certain Assignment and
Assumption Agreement, dated October 20, 2008 (the "Assignment II"). All terms used but not defined
t1 herein shall have the meaning ascribed to them in the Lease Agreement (the Lease Agreement,
Assignment I and Assignment II shall be collectively referred to herein as the"Lease").
WHEREAS,Lessor and Lessee desire to enter into this Memorandum to give notice of said Lease and
all of its terms, covenants and conditions to the same extent as if the same were fully set forth herein.
NOW,THEREFORE,for and in consideration of the sum of Ten Dollars($10.00)and other good and valuable
consideration including the rents reserved and the covenants and conditions more particularly set forth in the
Lease,Lessor and Lessee do hereby covenant,promise and agree as follows:
1. The Lease provides in part that Lessor leases to Lessee a certain site (herein "Site") located at 4741
Golden Gate Parkway,City of Naples,County of Collier,State of Florida,within the property of or under
the control of Lessor which is legally described in Exhibit"A"attached hereto and made a part hereof.
2. Lessee shall lease the Site from Lessor, together with all easements for ingress, egress and utilities as
more particularly described in the Lease, all upon the terms and conditions more particularly set forth in
the Lease for a term of five(5)years, which term is subject to five (5) additional five (5)year extension
periods.
3. The purpose of this instrument is to give notice of said Lease and all its terms,covenants and conditions
to the same extent as if the same were fully set forth herein. The Lease contains certain other rights and
obligations in favor of Lessor and Lessee which are more fully set forth therein.
4. Lessor hereby affirms that the Site is not now,nor has it ever been,the homestead of Lessor, nor adjacent
to the homestead of Lessor.
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5. The conditions,covenants and agreements contained in this instrument shall be binding upon and inure to rTh
the benefit of the parties hereto,their respective heirs,executors,administrators,successors and assigns for
the term of the Lease and any extensions thereof. Further, this instrument shall inure to the benefit of
any affiliate of Lessee or any lender from whom Lessee or one of its affiliates obtains financing,without
any further consent from Lessor. All covenants and agreements of the Lease shall run with the land
described in Exhibit"A."
6. This Memorandum may be executed in counterparts,each of which shall be deemed an original but
all of which shall constitute one and the same instrument.
7. This Memorandum is not intended to alter the terms of the Lease Agreement. In the event of a
conflict,the Lease shall prevail.
IN WITNESS WHEREOF,the parties have executed this Memorandum as of the day and year first
above written.
LESSEE: SBA Towers,
a Florida li te. ' •ility company
Witnesses:
By: Neil S .tdman, Senior Vice President
Signature
e us see- -4 /us kl
Print Name
By: /��1 1, _
Signature
s� • -�� )-.CA n�
Print Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this JL day of ,2015, by Neil Seidman,
as Senior Vice President of SBA Towers II LLC, a Florida limited liability company, on behalf of the
company. He is personally known to me.
WITNESS my hand this/6 /
ay of ` ,2015
DENESE MCALISTER-OTT 10—
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MY COMMISSION#FF122161 Print Name:
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[SEAL] 'rca�dr:- EXPIRES May 25, 2018 NOTARY PUBLIC-
(407}398-015,1 FloridaNnteryservice.com Commission Number:
My Commission Expires:
Lessor's signature on following page.
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AS TO THE LESSOR: BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA
DATED:
ATTEST:
DWIGHT E. BROCK,Clerk BY:
TIM NANCE,Chairman
BY:
, Deputy Clerk
Approved as to form and legality:
5
Jennifer A. Belpedio,Assistant County Attorney C �\
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EXHIBIT"A"
LEGAL DESCRIPTION
4741 Golden Gate Parkway.in the City of Naples Collier County,Florida
The Real Property is a snitecn hundred(WOW squure loot portion of the Parent Tract.
Parent Ttact
A portion of Block 115 Golden Gate, unit 4 according to the Plat
thereof recorded in Plat Book 5 at Page 107 through 116 of the
Public Records of Collier County, Florida, and more particularly
described as follows:
DESCRIPTION: Commence at the intersection of the centerline of
Golden Gate Parkway and the centerline of Coronado Parkway. Thence
N. 38' 54' 39" W. along the centerline of Coronado Par' Jay a
distance of 65.00 feet to a point on the Southwesterly ex.-nsion
of the Northwesterly Right-of-way line of Golden Gate Parkway;
thence N. 51' 05' 21" L. along the said extension of the
$crthwesterly Right-of-way line a distance of 78.00 feet to a
Permanent Reference Monument as shown on tee plat thereof, the said
Monument being elso the Point of Beginning of the Parcel herein
described; thence N. 51' 05' 21' E. cont.nuiny along said
Northwesterly Right-of-way ' line a distance or 75.00 feet to a
point; thence H. 38' 54' 39a W. perpend_cular to the said
Northwesterly Right-of-way line a distance of 150.00 feet to a
point; thence S. 51' 05' 21° W. a distance of 108.74 feet to a /."-s"point on the Northeasterly Right-of-way line of Corcnado Parkway;
thence Sautiweasterly along the Northeasterl,• Right-cf-way line of
said Coronado Parkway and along the arc of a circular curve concave
Southwesterly having a radius of 898.17 feet and a central angle
of 8' 00' 00' for a distance of 125.41 feet to a point of reeerae
curvature; thence Southeasterly, Masterly, Northeasterly along ''
arc of a circular curve having a radius of 25.00 feet and a central
angle 90' 00' 00' for a distance of 39.27 feet to the Point of
Beginning.
Subject to ease a nts, restrictions and reservations of record and
real property taxes accruing subsequent to DeCCa:ber 31, 19 09, and
Subject to that certain right of reverter and express condition
described in the Deed recorded in Official Records Book 343, ?age
311, and any subsequent modifications thereof, Public Records of
Collier County, Florida. •
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RESOLUTION 2001 - 19 0
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, APPROVING THE LEASE AGREEMENT
BETWEEN COLLIER COUNTY AND OMNIPOINT HOLDINGS, INC. FOR
USE OF A PORTION OF COUNTY-OWNED PROPERTY AT THE GOLDEN
GATE PUBLIC SAFETY COMPLEX.
WHEREAS, Omnipoint Holdings, Inc. ("Omnipoint") desires to lease approximately
Sixteen Hundred (1,600) square feet of vacant property at the Golden Gate Public Safety
Complex, Naples, Florida, owned by Collier County, a political subdivision of the State of
Florida ("Collier County"), in order to install a communications tower for personal
communications systems;
WHEREAS,the lease shall be for five(5)years with five(5)additional renewal terms of
five(5)years each;
WHEREAS,the rent shall be Twenty-thousand Dollars($20,000.00)for the first year and
will be increased by four percent(4%)each year throughout the life of the Lease.
WHEREAS, the Board of County Commissioners is satisfied that this property is
required for Omnipoint's use and is not needed for County purposes;
r
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS,FLORIDA,that:
I. The Board of County Commissioners does approve the attached Lease Agreement
between Collier County and Omnipoint Holdings,Inc.
2. The Chairman of the Board of County Commissioners of Collier County, Florida, is
hereby authorized to execute the attached Lease Agreement.
This Resolution adopted this 02p/4,4day of 'g , 2001 after
motion,second and majority vote.
ATTEST: -.
DWIGHT E.BROCK,Clerk BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLOr DA
BY: %
Afieeputy Clerk JAMES D ER,''4'i,,4`
!/ rman
Attest as to Chairman's
signature only.
Approved as to fprrn and legal sufficiency:
Thomas C. Palmer
Assistant County
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[.ease 0878
LEASE AGREEMI SIT
THIS LEASE AGREEMENT entered into effectively on this 22"J day of May,Y y, ("The effective
date") between Omnipoint Holding, Inc., a Delaware corporation authorized to do business in the Stare of
Florida, whose mailing address is 8100 SW 1(1'r' Street, Building 3, Suite 1000, Plantation, Florida 33324,
hereinafter referred to as "LESSEE", and COLLIER COUNTY, a political subdivision of the State of Florida,
whose mailing address is 3301 East Tamiami Trail,Naples,Florida 34112,hereinafter referred to as"LESSOR".
WITNESSETIi
THE PARTIES AGREE AS FOLLOWS:
ARTICLE I. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR approximately Sixteen
Hundred (1,600) square feet of vacant property in order to construct a free-standing stealth flag-pole design
antenna tower and related equipment to be located at 4741 Golden Gate Parkway, Naples, Florida, which is
• further described in Exhibit "A" and which is attached hereto and made a part of this Lease, hereinafter called
the "Demised Premises", situated in the County of Collier and the State of Florida. The height of this tower,
exclusive of the District's single vertical antenna on the top thereof, shall be one hundred and thirty(130) feet
above natural grade at the base of the tower. All improvements shall he approved by LESSOR applying the
terms contained in Article 5 of the Agreement. In the context of this Agreement,the"tower"includes the lower
itself, the tower's foundation and all other facilities, including electrical connections, except those associated
solely with LESSEE'S antennas and/or sub-lessees' antennas. The tower excludes switching equipment,
accessory structures,and other equipment or facilities owned by or controlled by LESSEE or any of LESSEE'S
sub-lessee(subtenants),
LESSEE shall be required to obtain the required use permit (conditional or otherwise) for constructing
and operating this communications tower on the Demised Property pursuant to those terms outlined in the n
Collier County Land Development Code.
LESSOR does not make any representations or warranties with respect to the Demised Premises to the
LESSEE. The LESSE accepts the Demised Premises in "as is"condition and there shall be no abatement for
defects in the Demised Premises or from violations of law with respect thereof and LESSEE shall not hold
LESSOR liable for any defects in or defective conditions of the Demised Premises or to title thereto.
LESSOR hereby grants to LESSEE a non-exclusive access easement (throughout the life of this Lease)
for free access to the Demised Premises seven(7)days a week,twenty-four(24)hours a day,however,LESSEE
may have to gain Staff's assistance to get physical access outside of the site's normal business hours. No
aboveground structures shall he constructed in the access easement or outside Of the Demised Premises. Said
easement area is shown on Exhibit"A".
• LESSEE shall provide LESSOR and the Golden Gate Fire Control and Rescue District ("District"),
without any cost to LESSOR or District, including any rent, locations on the tower at heights specified in the
paragraphs below in order for LESSOR and District to operate existing and future communications equipment
upon the tower. Any subsequent relocation or addition of LESSOR'S and/or District's communications
equipment on the tower shall require prior written approval of LEESSE and shall be subject to the then exiting
structural integrity of the tower. As used herein "equipment" shall be liberally construed, and includes all
antennas and all tangible items accessory to have the respective antennas function properly, whether on the
tower or on the ground.
Except in cases of dire emergencies where time is of the essence, only LESSEE or authorized
• representative of LESSEE shall have any physical access on the tower except to the extent authorized in writing
by LESSEE.
Concurrently with initial construction of the tower, at no cost to LESSOR, LESSEE shall install •
LESSOR'S antenna(s)on the outside of the tower, plus equipment (such as connectors,coaxial cable, etc.) on
S, the inside of the tower,plus associated on the ground accessory equipment. Also,concurrently with the initial ! `
construction of the tower,at no cost to the District,LESSEE shall install District's vertical antenna on the top of
the tower, plus District's equipment on the inside of the tower, and District's related on the ground accessory
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equipment that is to he relocated concurrently with the construction of the tower. It is anticipated that the length
of the District's vertical antenna will be approximately twenty(20)feet in height. .
' LESSOR'S antennas shall he located at a height on the tower from one hundred feet (100') to one
hundred ten feet (110'). The District's antenna shall be at one hundred thirty feet (130') and a second antenna
for the District shall be located at approximately forty feet(40').
LESSOR and District shall be responsible for all maintenance, repair, and/or replacement(s) of their
respective antennae and all related equipment including ground equipment.
LESSEE shall be allowed to install two (2) antennae installations and related equipment for LESSEE'S
sole use on the tower within the stealth portion of the tower(at a height of approximately one hundred,fifteen
(115)feet to one hundred and thirty(130)feet).
LESSOR, LESSEE and the District agree that there may be one (1)additional locution to accommodate
another co-locator("Sub-lessee")within the stealth portion of the tower. LESSEE shall be allowed to enter into
a Lease Agreement directly with a Sublessee for this position on the tower and shall notify LESSOR of that
Sublesee at the time when a Lease Agreement is executed between the LESSEE and Sublessee. LESSEE shall
collect and retain all revenue from the Sublessee's rent.
At the time in which the subject tower is constructed, the tower is unable to accommodate any additional
• antennae other than LESSOR'S,LESSEE'S,District's and one(1)additional co-locator,as mentioned above. If
for any reason there shall he any other carriers placed upon the tower,those additional rents shall be retained by
the LESSOR(and shall be shared between the LESSOR and District pursuant to their Supplemental Agreement
dated May 22,2001).
LESSEE assures that LESSEE'S equipment, and all equipment of any sub-lessee (sub-tenant), shall not
interfere with LESSOR'S or the District's equipment or the operation thereof, per Article 17 of this Lease.
LESSEE acknowledges that LESSOR'S equipment and the District's equipment are vital in saving lives and is
considered and essential service to the community. If LESSEE'S or Sublessee's equipment should interfere,
LESSEE and/or Sublessee, at its sole cost and expense, shall immediately cure all such interference. LESSOR
and the District shall always cooperate in good faith to assist in solving all such problems, if any arise. Except
as to problems with interference, LESSOR shall not be involved with regard to equipment of any sub-tenant.
Only LESSEE shall authorize any subtenant to use tower.
During installation of the tower, LESSEE shall install necessary hardware so that this tower, throughout
the life of the lease,operates as a functional flagpole. The LESSOR shall perform maintenance and repair of the
flag itself. Maintenance and repair of the pulleys, lines and any and all related equipment necessary for the
flag's operation shall be the responsibility and shall be performed by LESSEE. l3ath parties agree that no
equipment shall be allowed to interfere with the flying of the flag on the tower.
ARTICLE 2. Term of Lease
LESSEE shall have and hold the Demised Premises for a term of five (5) years commencing on the
effective date of May 22,2001. LESSEE is granted five(5)additional five(5)year renewal terms following the
initial five(5)year term. This Lease shall automatically renew for each successive renewal five year term under
the same terms and conditions, as provided herein,including as to the rental amount,as provided herein, unless
LESSEE notifies LESSOR,in writing,of its intention not to renew this Lease,at least one hundred eighty(180)
days prior to the expiration of the then current term. If LESSEE is in default under on the terms and conditions
of this Lease prior to the expiration leasehold estate hereby created or renewal term then in effect,then LESSOR
shall have the right not to renew this Lease by providing LESSEE with Notice of such intend not to renew at
least one hundred eighty(180)days prior to the expiration of the initial five year term or the renewal term then
in effect.Said notice shall he effective upon actual receipt by intended party.
LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part
thereof,or any part of the access easement,to be used or occupied for any purpose that is not authorized by this
Lease or is contrary to law or rules or regulations of any public authority having jurisdiction over the Demised
Premises.
ARTICLE 3. Rent
111V.
Prior to and until the first day of the month following the actual Commencement Date whereby a permit
in order to construct at the Demised Premises is issued, the rent shall be Twelve Hundred Dollars ($1,21)1).00)
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for twelve (12) months, which shall be prepaid in advance. Any unearned balance shall be credited against
LESSEE'S first lease year payment of $20,000.00, as that $20,000 rent shall he prorated for the remaining
balance of the first lease year. In the event that LESSEE does not obtain a permit in order to construct this
1111 tower upon.the Demised Premises for the intended use as of the first anniversary date of this Lease, (May 8,
2002), LESSEE may either terminate this Lease upon written notice to LESSOR, without further obligation or
liability; or may allow this Agreement to remain in full force and effect and provided the Lease remains in
effect,at which time,the$100.00 per month rent shall automatically increase to$20,000.0(per year an May 8,
2002,and whereby said rent for that second lease year shall he payable in full and in advance as of May 8,2002.
The intent is that the full annual lease year rent of$20,000 ($1,666.67 per month) shall not commence unless
and until the 10th day of the month that the tower is erected and standing on the Demised Premises or on May 8,
2002,whichever occurs first.
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the stun of Twenty
Thousand Dollars($20,000.00)for the Demised Premises for the first year of occupancy and shall he paid in full
fifteen (15) days from LESSOR'S execution of this Lease, to be forward to the address for the Real Property
Management Department set forth in Article 13 of this Lease,
Following the first lease year, the rent set forth above shall be increased each lease year by four (4%)
percent annually, applied to the rent for the preceding year for each year throughout the term of the Lease,
including each of the five (5) option terms. For example, the rent for the second lease year (May 8, 2002
through May 7, 2003, the rent shall be $20,000 multiplied by one hundred and four percent (104%), to wit:
$$20,800. The rent for the third lease year (May 8, 2003 through May 7, 2004) shall he $20,800 times one
hundred and four percent(104%),to wit: $21,632.00,etc.
ARTICLE 4. Other Expenses and Charges
LESSEE shall pay all utility charges applicable to the Demised Premises including, but not limited to
charges for gas, electricity, light, heat, air conditioning, power, water, sewer and telephone or other
communication services used rendered or supplied thereupon or in connection with the Demised Premises. If
LESSOR elects to supply utility services and/or janitorial services,LESSEE agrees to pay the same as additional
rent within thirty(30)days of its receipt of the LESSOR'S hill or invoice.
ARTICLE 5. Modifications to Demised Premises
Prior to making any changes,alterations, additions or improvements to the Demised Premises, LESSEE
must provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the
Demised Premises for LESSOR'S written approval,specifying in writing, and in meaningful detail, the nature
and extent of the desired alteration,improvement,change,or addition,along with the contemplated starting and
completion time for such project. LESSOR or its designee will then have sixty (60) days within which to
approve or deny in writing said request for changes, improvements,alterations or additions. LESSOR shall not
unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions
proposed by LESSEE. If after sixty(60)days, there has been no response from LESSOR or its designee to said
proposals or plans,then such silence shall be deemed as a DENIAL.to such request to LESSEE.
LESSEE covenants and agrees in connections with any maintenance, repair work, erection,construction,
improvement,addition or alteration of any authorized modifications,additions or improvements to the Demised
Premises, to observe and comply with all then and future applicable laws, ordinance, rules, regulations, and
requirements of the United Sates of America, State of Florida, County of Collier, and any and all other
governmental agencies having subject matter jurisdiction.
ARTICLE 6. Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees,shall have the right after ieasonable
notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for
the purpose of examining the same and making repairs or providing janitorial service therein, and for the
purposes of inspection for compliance with the provisions of this Lease Agreement. During times of emergency
repair or maintenance, LESSEE shall be granted immediate access by requesting LESSOR'S agent of same.
LESSOR shall also have automatic access to the Demised Premises is necessary and there is not sufficient time
to obtain access permission from LESSEE. ^
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ARTICLE 7. Assignment and Subletting
Notwithstanding anything to the contrary in this Lease, LESSEE(Shall have the right to assign this Lease
upon prior written notice to LESSOR to any person or entity controlling,controlled by or under common control
with LESSEE,or any person or entity that after first receiving FCC or State regulator agency approvals,acquires
LESSEE'S radio communications business and assumes all obligations of LESSEE under this Lease. Any such
assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for
payment of rent or other sums herein provided or from the obligation to keep and be hound by the terms,
• conditions and covenants of this Lease unless a novation is expressly agreed to by LESSOR.The acceptance of
rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or lobe a
consent to the assignment of this Lease or subletting of the Demised Premises. Any such attempt shall be null
and void ab initio.
LESSEE shall have the right to lease locations on the tower to third parties. Third parties shall he subject
to all terms and conditions of this Lease. Each such third party shall he solely responsible for the costs of
location and placing its 'property on the tower and the Demised Premises. Each third party shall also he
responsible for any liabilities that may arise from that party's use of the part of the Demised Premises,including
the tower. Each third party's use of the Tower and the Demised Premises shall be limited to the antennas and
other equipment and frequencies approved and expressly agreed upon in advance by LESSEE.
Each third party's installation, use and occupancy of the tower and Demised Premises shall be in
continued compliance with all present and future applicable laws, regulations and requirements of all federal,
state and locale authorities, including the FCC. Each third party shall assume all risks in connection with the
installation, operation, maintenance, repair, replacement and removal of its antennas and all other property
located on the Demised Premises, including the lower. Each third party shall maintain commercial general
liability insurance insuring again liability for personal injury,death to persons,and damage to personal property
arising out of the use of the tower and the Demised Premises by the third party at limits set by LESSEE.
ARTICLE 8. Indemnity
In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged,
LESSEE shall indemnify,defend and hold harmless LESSOR,its agents and employees from and against any
and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and
expenses (including, but no limited to, attorneys' fees and disbursements both at trial and appellate levels)
arising,directly or indirectly, from any injury to, or death of, any person or persons and/or damage to property
(including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing
whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors) by or
• on behalf of LESSEE in or about the Demised Premises,(C)any condition of the Demised Premises due to or
resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease or
otherwise,or (D)any act,omission or negligence of LESSEE or its agents,contractors,employees,subtenants,
licensees or invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more
thereof,LESSEE shall pay all costs,attorneys'fees,expenses and liabilities resulting therefrom and shall defend
such action or proceeding if LESSOR shall so request,at LESSEE'S expense,by counsel reasonably satisfactory
to LESSOR.
The LESSOR shall not be liable for any damages to or loss of, any property, including loss due to theft,
occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless
from any claims for damages,except where such damage or injury is the result of the gross negligence or willful
misconduct of the LESSOR or its employees.
ARTICLE 9.Insurance
LESSEE shall provide and maintain general liability and property liability insurance policy(ies),approved
by the Collier County Risk Management Department, for not less than Five hundred Thousand Dollars and
No/Cents($500,000.00)combined single limits during the term of this Agreement. In addition, LESSEE shall
provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a
minimum limit of One hundred Thousand Dollars and No/IOU Cents($100,000.00)each accident.
Such insurance policy(ies) shall list and continuously maintain Collier County as an additional insured
thereon. Evidence of such insurance shall he provided to the Collier County Risk Management Department,
3301 East Tamiami Trail, W. Harmon Turner Building, Naples, Florida, 34112, for approval prior to the
commencement of this Lease Agreement;and shall include a provision requiring not less than ten(10)days prior
4
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•
written notice to Collier County do County Risk Management Department in the event of cancellation or
changes in policy(ies)coverage.LESSOR reserves the right to reasonably amend the insurance requirements by
issuance of notice in writing to LESSEE, whereupon receipt of such notice LESSEE shall have thirty(30)days
in which to obtain such additional insurance.
ARTICLE W.Maintenance
LESSEE shall,at its sole cost and expense,keep the Demised Premises clean at all times. If said Demised
•
Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective
• action is not taken within ten(10)days of the receipt of such notice,LESSOR may cause the same to be cleaned
and corrected and LESSEE shall assume and pay all such necessary cleaning costs and such costs shall
constitute additional rent which shall he paid by LESSEE within ten (10)days of receipt of written notice of
costs incurred by LESSOR.
LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its
employees,agents,independent contractors,guests,invitees,licensees,sublessees,or patrons.
LESSEE,at its sole cost,shall remove from the Demised Premises in accordance with all applicable rules,
laws and regulations, all solid, liquid, semisolid, and gaseous trash and waste and refuse of any nature
whatsoever which accumulates or arises from LESSEE'S use of the Demised Premises. Such trash, waste and
refuse shall be stored in closed containers approved by the LESSOR.
•
•ARTICLE I I.Default by LESSEE
Failure of LESSEE to commence remedy of default as soon as possible and to complete remedy of default
in thirty(30)days with any provision or covenant of this Lease shall constitute a default whereby LESSOR may,
at its option, terminate this Lease by giving LESSEE thirty (30) days written notice to vacate the Demised
Premises unless the default is fully cured within that thirty(30)day notice period (or such LESSOR approved
additional time as is reasonably required to correct such default). I lowever, the occurrence of any of the
following events shall constitute a default by LESSEE, and this Lease may be immediately terminated by
LESSOR except to the extent then prohibited by law:
• (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation.
(b) Falsification of LESSEE or an agent of LESSEE of any report required to'be furnished to LESSOR
pursuant to the terms of this Lease. -
(c) Filing of insolvency,reorganization,plan or arrangement of bankruptcy.
(d) Adjudication as bankrupt.
(e) Making of a general assignment of the benefit of creditors.
(I) If LESSEE suffers this I.ease to be taken under any writ of executiu t,
(g) If technological advances in LESSEE'S industry deems this use obsolete.
In the event of the occurrence of any of the foregoing defaults in this ARTICLE 10,LESSOR,in addition
to any other rights and remedies it may(rive,shall have the immediate right to re-enter and remove all persons
and property from the Demised Premises. Such property may be removed and stored in a public warehouse or
elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process
and without being deemed guilty of trespass, or being liable for any loss or damage which may he occasioned
thereby.
The LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty(30)days notice in
writing if a lien is Filed against the leasehold interest of the LESSEE,and is not removed within thirty(30)days,
pursuant to the Florida Mechanics Lien Law or otherwise.
If LESSEE fails to pay, when due, any rental payment, or any other sum payable to LESSOR under this
Lease, and if said sum remains unpaid for more than ten (10)days past the due date, the LESSEE shalt pay
LESSOR a late payment charge equal to five (5) percent of any payment not paid promptly when clue. Any
amounts not paid promptly when clue shall also accrue simple interest of one and one half (1c ) percent per
5
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month or the highest interest rate then allowed by Florida law, whichever is higher,which interest shall he paid
by LESSEE to LESSOR.
•
f", ARTICLE 12.Default by LESSOR
kliof
LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder
unless and until LESSOR shall have failed to perform such obligations within thirty (3d) days (or such
additional time as is reasonably required to correct such default) after written notice to LESSOR by LESSEE
properly and in meaningful detail specifying wherein LESSOR has failed to perform any such obligations.
ARTICLE 13.Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing
delivered to the other party at the following addresses,or changes thereto which have been notified to the other
party:
•
LESSOR: LESSEE:
Board of County Commissioners Voicestream!Omnipoint I Inklings,Inc.
do Real Property Management Department 8100 SW 10th Street,Building 3,Suite Idol)
3301 Tamiami Trail East Plantation,Florida 33324
Administration Building
Naples,Florida 34112 Attention: Lease Administrator
Copy to: Emergency Services Administrator
ARTICLE 14.Surrender of Premises
Unless LESSOR shall direct otherwise in writing,at the expiration of this Lease,or its earlier termination
as herein provided, LESSEE shall surrender to LESSOR the communications tower, All tower-related
improvements made to and placed upon the Demised Premises by LESSEE shall remain the property of the
LESSEE unless decided otherwise by mutual consent of LESSEE and LESSOR. LESSEE shall then provide
LESSOR with a Bill of Sale, without cost to LESSOR, to convey title of the communications tower and, if
applicable, all improvements made thereto to LESSOR. Failure of LESSEE to convey a Bill of Sale to•
LESSOR shall not,however,affect the automatic transfer of the title to the communications lower to LESSOR.
All improvements brought upon the Demised Premises by LESSEE'S tenants, hereinafter refereed to as
"Third Party,"shall remain the property of the Third Party during the life of the Lease and after expiration or
termination of this Lease.
At the termination of this Lease, LESSEE shall remove all improvements made to and placed upon the
Demised Premises during the life of this Lease, LESSEE shall cause same to be removed, without cost to
LESSOR, within forty-five(45)days from expiration,termination or early termination of this Lease,and return
the Demised Premises to it original condition prior to the execution of this Lease.
ARTICLE 15.General Provisions
LESSEE fully understands that the police and law enforcement security protection provident by law
enforcement agencies for the above-referenced Demised Premises is limited to that provided to any other
business or agency situated in Collier County, and acknowledges that any special security measures deemed
necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE
and shall involve no cost or expense to LESSOR.
LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of tile Demised
Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard
Operations where other operations share common facilities or otherwise.
(a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR.
(b) LESSEE agrees to pay all tax imposed on the leasehold interest or otherwise related to the rental of the
Demised Premises to the extent applicable under law.
•
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(c) LESSEE agrees to pay all intangible personal property taxes and other taxes,if any, that may be imposed •
due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S •
possession of said leasehold interest in the Demised Premises. ^
ARTICLE 16.Environmental Concerns , l/
LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR,
from and against all costs (including attorneys fees) asserted against, imposed on or incurred by LESSOR •
•
directly or indirectly pursuant to or in connection with the application of any federal,state, local or common law •
relating to pollution or harm to the environment.
•
ARTICLE 17.Interference
LESSEE covenants and agrees that LESSEES communication equipment, its installations,operation and
maintenance will:
A. Not irreparably damage the LESSOR'S radio transmission tower structure and accessories thereto.
B. Not interfere with the operation of LESSOR'S or LESSOR'S tenants' or future tenants' radio equipment on
surrounding communication towers.In the event there is interference by LESSEE,LESSEE will promptly lake
all steps necessary to correct and eliminate same within a reasonable period of time. If LESSEE is unable to
eliminate such interference caused by it within a reasonable period of time except by removing its antennas,
.LESSEE agrees to remove its antennas from LESSOR'S property and this Agreement shall terminate.
C. Comply with all applicable rules and regulations of the Federal Communications Commission and then
applicable electrical codes.
ARTICLE 18.Radon Gas
In compliance with Section 404.056,Florida Statutes,all pat-ties are hereby made aware of the following:
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 public health unit.
ARTICLE 19. Extent of Liens
All persons to whom these presents may cone are put upon notice that no interest of the LESSOR in the
Demised Premises shall be subject to liens for improvements made by or through the LESSEE, nor for
improvements made by the LESSEE as same are specifically prohibited from attaching to or becoming a lien on
the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the
provisions of and in compliance with Section 713.1(1, Florida Statutes.
ARTICLE 20. Effective Date
This Lease shall become effective on May 22,2001.
ARTICLE 21.Governing Law
This Lease shall be governed by and construed in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF,the parties hereto have hereunder set forth their hands and seals.
AS TO TILE LESSOR:
DATED' �l• . `a:. .'!f
A'fl # c BOARD OF COUNTY COMMISSIONERS
D4V(C311TE. 312OI�,;�li[rtst COLLIER COUNTY,FLORIDA
JAMES D.CAR Ph. " tt;,
sYgna)ure only.
7
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• 5/26/2015 16.E1 .
AS TO LESSEE:
Omnipoint [folding,Inc.,a Delaware corporation authorized
DATED: to do lxtsin s in the State of Florida
,4011/K
11Y:_( -Y-�. � ------
`t t (CIE B'(sig + u
13 PISCOl's,Tuc#ntrcal Mu
m.
c/ ' t ic.c% 1t1ij42i vL iile ) tcf.
(Name on Witaessr
WI N,'S attire)
St.or of .Q \
(Name of Witness)
Approved as to form and legal sufficiency:
Thomas C. Palmer,
Assistant County Attorney
•
S
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•
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Packet Page -823-
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SUPPLEMENTAL AGREEMENT
This Supplemental Agreement made this 22"day of May, 2001, (hereinafter referred to
as"Memorandum") is entered into by and between Collier County,a political subdivision of the
State of Florida, acting by and through its Board of County Commissioners(hereinafter referred
to as"County") acting as owner of the subject property), and the Golden Gate Fire Control and
Rescue District, an independent Special District of the County of Collier, State of Florida,
(hereinafter referred to as"District"acting as tenant of the subject property.)
WITNESSETH:
WHEREAS, the County and the District have entered into an Agreement dated July 25,
1989 (the "1989 Agreement") conceming the construction of the Golden Gate Public Safety
Complex located at 4741 Golden Gate Parkway,Naples,Florida;and
WHEREAS, the County and the District entered into a first amendment to the 1989
Agreement dated September 6, 1994;and
WHEREAS, the County and the District also entered into a Lease Agreement dated
September 6, 1994 concerning the Golden Gate Public Safety Complex;and
WHEREAS, pursuant to the 1989 Agreement,as amendment, and the Lease Agreement,
the County'occupies 44% of the Golden Gate Public Safety Complex and the District occupies
56%of the Golden Gate Public Safety Complex;and
WHEREAS, the County and the District agree that a lease to Omnipoint Holdings, Inc.
for a communications tower is an appropriate use of vacant land at the Golden Gate Public
Safety Complex.
NOW,THEREFORE, in consideration of the premises and mutual covenants hereinafter
set forth,the parties agree as follows:
1. The County and District agree that a lease to Omnipoint Holdings, Inc. for the
construction and operation of a communications tower (the "Tower Lease") on a portion of
vacant property at the Golden Gate Public Safety Complex is a valid public purpose and both
parties agree that a portion of the vacant property may he used for this purpose.
2. The County and District agree that any income generated from the Tower Lease
shall be shared with the County receiving 44;;, of the annual income and the District receiving
56%of the annual income.
3. The County shall pay to the District its annual share of the income generated
within forty-five (45) days of receiving the annual rental payment from Omnipoint Holdings,
Inc.
4. Both the County and District shall be granted a location on the tower, by
LESSEE, without cost to each. LESSEE shall place the District's equipment, at a height of one
hundred thirty feet (130') for the installation and operation of its communications equipment.
The County shall he granted a location at one hundred ten feet (110') for the installation and
operation of its communications equipment. The County and District shall be responsible for all
costs associated with the maintenance of their respective antennae and related equipment.
5. This Supplemental Agreement relates to the 1989 Agreement, as amended, and
the Lease Agreement. However, it does not modify any of the terms of the 1989 Agreement, as
amended,or the Lease Agreement.
Packet Page -824-
•
. 5/26/201516.E.1 .
IN WITNESS WHEREOF,the parties have hereunder set forth their hands and seals.
AS TO THE COUNTY:
DATED: .67,z --), / BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY,FLO•ji_
DWIGHT E.BROCK,Clerk /���=
BY i� !14111is
�,.CQ,"ii) f7�?.uty Clerk JAMES 9/ARTER,Ph.D.,haimian
�' E o�F�hA� eputy Clerk
Attest as to Chairman's
sigeatur g�1-)�
A T6 T' IL'DISTRICT:
DATED: g- I i- 6\ GOLDEN GATE FIRE CONTROL AND
((
RESCUE f,O°N�TyR�OL DISTRICT
(1)� .7_ 0of `,(Y�ut 9! By: �C/`�/ /� ///// 7
Witness Signature r ) OBERT MAST,Chairman
Print or type name
77
(2) e a ‘-_. '
4.2.e_
Witness Signature
l Ynti+ 7L) ?. 1{' i e-' r'c;
Print or type name
Approved as to form and legal sufficiency Approved as to form and legal sufficiency
for the County: for Golden Gate Fire Control and Rescue
District
I o c 'e'idi F.Ashton.Assistant County Attorney Christopher J.Thornton,Esquire
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Lease #878
ASSIGNMENT OF LEASE
This Assignment of Lease is dated this /OW–, of a7i 2002, by and
between Omnipoint holdings, Inc., also known as Voicestream 'Vireless, hereinafter referred to as
"Assignor",and ClearShot Communications, Inc., hereinafter referred to as "Assignee". In consideration
of the sum of Ten Dollars($10.00)and other good and valuable consideration paid on this day, Assignor
hereby assigns all its rights, interest and obligations in that certain Lease Agreement dated May 22, 2001,
by and between Assignor as Lessee and the Board of County Commissioners of Collier County, Florida,
as Lessor,to Assignee.
Assignee, being ClearShot Communications, Inc.,does hereby agree to assume all rights, interest
and obligations of Lessee under said Lease.
Exhibit 13-I is attached hereto and made a part hereof this Assignment of Lease.
IN WITNESS WHEREOF,the parties have executed this Assignment the date first written above.
WITNESSES: ASSIGNOR:
OMNIPOINT HOLDINGS, [NC.
Also kno s VOICESTREAM WIRELESS
BY:
(. ign J ire)
1-7/./
11
art LU'tc.i:?r5_ TITLE: Director of Engineering and Operations
(print or type name)
. DATE EXECUTED: 3.72/71
(Corporate seal) –
(Signau)ve
fl4% `t Vt t"N✓1Jlt��
(print or type name)
/'""41
WITNESSES: ASSIGNEE:
CEEARSEIONOMM 1C9'TIONS, INC.
. r . . AnQL BY:
S./ ur r
6
(print or type name) g 5Cden t— j
DATE EXECUTED: 3'2_5•o
(Si i � (Corporate seal)
g 'r_7in Wisler
(print or type name)
Consented to this gyp [, day of ,2002.
ATTECT`,.• . ,
sue BOARD,OF COUNTY COMMISSIONERS
DATED:
COLLIER COUNTY,FLORIDA
Dv14C1117 E. [3ROCK;Clerk
Deputy nark::"' JA MIL .CC)LI`.'T 'A,Clrurman
Attest as to Chairman's
slpnatuty onlj.
Approved as to limn and legal sufficiency:
Thomas C. Palmer,Assistant County Attorney
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EXHIBIT 'A'
Legal Description
Ground Lease at 4741 Golden Gate Parkway
Naples,Florida
A portion of Block 115, Golden Gate, Unit 4, according to the Plat thereof recorded in Plat Book 5 at.
page 107 through 116 of the Public Records of Collier County, Florida, and more particularly described
as follows:
Commence at the intersection of the centerline of Golden Gate Parkway and the centerline of Coronado
Parkway. Thence North 38" 54' 390 West along the centerline of Coronado Parkway a distance of 65.00
feet to a point on the Southwesterly extension of the Northwesterly Right-of-way line of Golden Gate
Parkway; thence N 51" 05' 21° E'along the said extension of the Northwesterly Right-of-way line a
distance of 78.00 feet to a permanent reference monument as shown on the plat thereof, the said
monument being also the Point of Beginning of the Parcel herein described; thence N 51" 05' 21° E
continuing along said Northwesterly Right-of-way line a distance of 75.00 feet to.a point;thence N 38"
54' 39°W perpendicular to the said Northeasterly Right-of-way line,a distance of 150.00 feet to a point;
thence S 51"05' 21°West a distance of 108.74 feet to a point on the Northeasterly Right-of-way line of
Coronado Parkway; thence Southeasterly along the Northeasterly Right-of-way line of said Coronado
Parkway and along the arc of a circular curve concave Southwesterly having a radius of 898.17 feet and a
central angle of 8" 00" 00° for a distance of 125.41 feet to a point of reverse curvature; thence
Southeasterly,Easterly. Northeasterly along the arc of a circular curve having a radius of 25.00 feet and a
central angle 90"00'00°for a distance of 39.27 feet to the Pint of Beginning.
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,••••\ Exhibit 13-I
•
(:ROUND LEASE CONSENT
Re: Lease Agreement ("Ground Lease") dated May 22, 2{101 by and between Collier County
("Lessor") and Omnipoint lloldings, Inc., also known as Voiccstream Wireless ("Lessee"), with
respect to that certain real property located in Collier County, Florida, more particularly described
in Exhibit A ("Property").
ClearShot Communications, Inc., hereinafter referred to as "Assignee" and Lessee, hereinafter
referred to as "Assignor",have signed an agreement under which Assignee may take an assignment of the
Ground Lease from Assignor. The Lease is with regard to approximately 1,600 square feet of real
property for a free-standing stealth flagpole design communications tower.
1. Lessor consents to the proposed assignment of Lessee's rights and interests under the Ground
Lease to Assignee, with the understanding that this consent will be effective only if the
proposed transaction closes and an assignment agreement is entered into between Assignee
and Assignor.
2. Lessor agrees to notify Assignor(VoiceStream Wireless Corporation, 3650 13151 Avenue, SE,
Suite 400, Bellevue, WA 98006, Attention: David Miller, Esquire), in the event of any action
by .Assignee or its successors or assigns that results or could result in a default under the
Ground Lease, or any attempted termination by Lessor of the Ground Lease, and to allow
Assignor the same period as is set forth in the Ground Lease to cure the default.
3. Lessor agrees to accept Assignor as the new tenant under the Ground Lease, without further
consent or action,in the event any reassignment by Assignee or its assignees to Assignor.
4. In the event Assignee notifies Lessor, in writing, of its intention either to terminate or not to
renew the Ground Lease for any reason prior to the expiration of the last renewal term, then
unless Assignor notifies Lessor, in writing, of its election otherwise and effective Ground
Lease shall automatically be deemed to come into effect without further action between
Lessor, as landlord and Assignee, as tenant, on the same terms as then contained in the then
con-cot Ground Lease.
IN WITNESS WIfEREOF,the parties have executed this Assignment the date first written above.
ATTEST:
DATED: .e.f7 2-- BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
•
DWIGHT-E. B ROCK,Clerk , •
Vi=i c Cie A•'�.41/i /f
BY: �r�4II�Mare.�/
Deputy Clerk )AM' N. COLETTA,Chairman
Attest:as•to-Chairman's
signature only.
Approved as to form and legal sufficiency:
Thomas C. Palmer, Assistant County Attorney
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