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Agenda 07/08/2014 Item #16E 47/8/2014 16.E.4. EXECUTIVE SUMMARY Recommendation to approve and execute a Second Amendment to Lease Agreement with Sprint Spectrum L.P., successor in interest to Nextel South Corp., concerning communications equipment located on County property. OBJECTIVE: To amend the current lease with Sprint Spectrum L.P. to relocate communications located on the Courthouse roof. CONSIDERATIONS: Since 2004, Sprint Spectrum L.P., successor to Nextel South Corp. (Sprint), has utilized antenna mounting space and 150 square feet of rooftop space located at the Courthouse at the Main Government Complex. At this time, Sprint is requesting to relocate the antenna equipment to another position on the roof in order to improve coverage. The County's Telecommunications Manager has reviewed and has agreed to the new location. The annual rent shall remain the same since there is no additional equipment. The attached Second Amendment to Lease Agreement (Amendment) only addresses the relocation. All other terms and conditions in the original Lease Agreement and the First Amendment to Lease Agreement shall remain the same. The Amendment has been reviewed by the County's Telecommunications Manager and the County Attorney's Office. FISCAL IMPACT: The annual rent shall continue to be deposited into the 800 MHz IRCP (Fund 188), 800 MHz Intergovernmental (Cost Center 140480), Lease Radio Tower (362110). Sprint's 2014 lease payment is $42,669 and lease payments increase by 4% annually. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves the attached Second Amendment to Lease and authorizes its execution by the Chairman. PREPARED BY: Michael H. Dowling, Senior Property Management Specialist, Real Property Management, Facilities Management Department Packet Page -1742- 7/8/2014 16.E.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.4. Item Summary: Recommendation to approve and execute a Second Amendment to Lease Agreement with Sprint Spectrum L.P., successor in interest to Nextel South Corp., concerning communications equipment located on County property. Meeting Date: 7/8/2014 Prepared By Name: DowlingMichael Title: Property Management Specialist, Senior, Facilities Management 6/12/2014 3:14:31 PM Approved By Name: DalyJohn Title: Manager - Telecommunications, Information Technology Date: 6/1 9/2014 7:53:06 AM Name: CampSkip Title: Director - Facilities Management, Facilities Management Date: 6/19/2014 8:04:38 AM Name: pochopinpat Title: Administrative Assistant, Administrative Services Division Date: 6/20/2014 4:46:20 PM Name: MottToni Title: Manager - Property Acquisition & Const M, Facilities Management Date: 6/23/2014 8:55:15 AM Name: PriceLen Title: Administrator - Administrative Services, Administrative Services Division Date: 6/23/2014 5:11:49 PM Name: KlatzkowJeff Title: County Attorney, Packet Page -1743- Date: 6/26/2014 3:42:36 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/26/2014 4:08:31 PM 7/8/2014 16.E.4. Name: KimbleSherry Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 6/27/2014 3:02:05 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 7/l/2014 1:19:21 PM Packet Page -1744- 7/8/2014 16.E.4. Sprint Site Name: M185XC005 /FL1797 SECOND AMENDMENT TO LEASE AGREEMENT This Second Amendment to Lease Agreement ( "Amendment, ") is made and entered into this _ day of 2014, by and between Sprint Spectrum L.P., a Delaware limited partnership, successor in interest to Nextel South Corp, a Georgia corporation ( "Lessee ") and Collier County, a political subdivision of the State of Florida ( "Lessor "). WHEREAS, on July 27, 2004, Lessor and Lessee (or its predecessor -in- interest) entered into that certain Lease Agreement (the "Lease Agreement,,), as amended by that certain First Amendment to Site Agreement dated September 12, 2006 (the "First Amendment,'), which was subsequently terminated (the Lease Agreement and the First Amendment are sometimes referred to collectively herein as the "Agreement'), wherein Lessor leases to Lessee certain land and interior ground space and certain space on the rooftop owned by Lessor, together with access and utility easements, all of which are more particularly described in the Agreement and which are located at 3315 Tamiami Trail, Building "L", Naples, FL;) and WHEREAS, the parties desire to relocate the antenna positions on the Building as referenced in the Agreement. NOW THEREFORE, in consideration of the mutual promises between the parties and for other good and valuable consideration the receipt and sufficiency of which is acknowledged, Lessor and Lessee agree as follows: 1. Relocation of antennas Exhibit B of the Lease Agreement and Exhibit B -1 of the First Amendment are hereby deleted and replaced with Exhibit B -2 attached hereto. 2. General Terms and Conditions. ja) All capitalized terms used in this Amendment, unless otherwise defined herein, will have the same meaning as the terms contained in the Agreement. (b) In case of any inconsistencies between the terms and conditions contained in the Agreement and the terms and conditions contained in this Amendment, the terms and conditions herein will control. Except as set forth herein, all provisions of the Agreement are ratified and shall remain unchanged and in full force and effect. (c) This Amendment may be executed in duplicate counterparts, each of which will be deemed an original. (d) Each of the parties represent and warrant that they have the right, power, legal capacity and authority to enter into and perform their respective obligations under this Amendment. Packet Page -1745- 7/8/2014 16.E.4. Sprint Site Name: M185XC005 /FL1797 IN WITNESS WHEREOF, the parties hereto bind themselves to this Second Amendment as of the date set forth above. WITNESSES: Q Witness Signature I )t Witness Name (Print/Type) Witness Signature Witness Name (Print/Type) Date: _ Attested: Clerk to the Board Approved a Jeffrey A. 15 dY' n and legality for 6ie�e County Attorney LESSEE Sprint Spectrum L.P., a Delaware limited partnership By:�,i -�'' C--- Name: Lawrence M. Callander Area Manager -Site Dew. Date: _ .5 /2/%V LESSOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 Tom Henning, Chairman Packet Page -1746- 7/8/2014 16.E.4. Sprint Site Name: M185XCO05 /FL1797 EXHIBIT B -2 See Attached 3 Pages Equipment List Up to 12 antennas Required cabling 2 GPS antennas 1 —test mobile antenna MW if applicable Emergency generator if applicable Antennas and cables shall be painted to match the building. Packet Page -1747- 7A8/2014 16.E.4. Sprint Site Name: Kn185X[005/FLI797 EXISTING ROOF LAYOUT i*jlrj:,M COLLIER COUNTY Sprint > COURTHOUSE Packet Page -1748- 7/8/2014 16.E.4. Sprint Site Name: M185XCO05 /FL1797 Packet Page -1749- 7/8/2014 16.E.4. Sprint Site Name: M185XC005 /FL1797 �I N EXISTING FIRE SUPPRES5IGN SYSTEM EXISTING PANEL EXISTING SPRINT /NEXTEL EOUPVENT *PACKS (THR) EXISTING PANEL "I' EXISTING PORTS THROUGH WALL / f IP l EXUTINC FIRE ENGUISHER EXISTING SPRINT /NEXTEL EOUI °VENT RACKS (713R) EXISTM:;; FIRE CONTROL UNIT A RL` EXISTING 7EL'::0 A EXISTING ROOM LAYOUT N I EXISTING FIFE--f SUPPRESSION SY;TEV - T rX A2L J T N f IT PROPOSE0 SPRID EOUIPVENT RA_ I EKI STING PORTS. THROLA GN W (IYP. OF I ��RCP0SED ;PRIS ECUIPVENT -A,° EMS'TIN FIFE CC1NrRQL UI= PROPOSED ROOM LAYOUT Packet Page -1750- EXI`.iTING PANEL ?k0A0$Ep FUT'i1PE EC.:IWMEIJT LoraTleus EXISTING PANEL "1" EXISTING FII "E EXT1Nr,U13HER i�RpPO °EC FUT "RE ECUIP VENT LOCATIONS £xISTMG TELCO 90AR0