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Agenda 07/08/2014 Item #16K 77/8/2014 16. K. 7. EXECUTIVE SUMMARY Recommendation to approve a First Amendment to License Agreement with Summit Broadband Inc. to expand the licensed area to allow for the installation of an upgraded electrical service connection for the communications facility. OBJECTIVE: To revise the Licensed Area defined in the License Agreement between Collier County and the Collier County Water -Sewer District (County) and Summit Broadband Inc. (Licensee) dated February 25, 2014 (License Agreement) to add an area for the Licensee's separately metered electrical connection to an FPL transformer. CONSIDERATIONS: County owned property is currently used by Summit Broadband Inc. for a communications facility. This use was authorized by the Board on February 25, 2014, Agenda Item No. E.9, when it approved a License Agreement. During construction of the communications facility within the Licensed Area set forth in the License Agreement, FPL informed Licensee that the access point for its electrical connection is the existing transformer servicing the County's property. Licensee proposes to install conduit necessary for its connection to the upgraded transformer and for placement of a separate electric meter and service disconnect which requires additional area to be added to the Licensed Area in the License Agreement. Accordingly, the proposed First Amendment to License Agreement will replace Exhibit "A" and revise the Licensed Area which is identified on Exhibit "A." The area is expanded by approximately 1,400 square feet. Licensee has approved the First Amendment to License Agreement. County staff has reviewed the request and confirmed that there are no conflicts with existing infrastructure. FPL advised County staff that there should be no negative impact to the County's property and that the existing transformer will be upgraded to accommodate this additional connection at FPL's cost. FISCAL IMPACT: There is no fiscal impact associated with this action. GROWTH MANAGEMENT IMPACT: No Growth Management impact is associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval. — JAB RECOMMENDATION: That the Board of County Commissioners approves and authorizes its Chairman to execute the attached First Amendment to License Agreement with Summit Broadband. PREPARED BY: Sue Jim Zimmerman, Senior Property Acquisition Specialist, Real Property Management, Facilities Management Department Packet Page -2458- 7/8/2014 16.K.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.7. Item Summary: Recommendation to approve a First Amendment to License Agreement with Summit Broadband Inc. for a communications facility. Meeting Date: 7/8/2014 Prepared By Name: pochopinpat Title: Administrative Assistant, Administrative Services Division 7/1/2014 12:07:05 PM Submitted by Title: Property Acquisition Specialist, Senior, Facilities Management Name: ZimmermanSue 7/1/2014 12:07:06 PM Approved By Name: pochopinpat Title: Administrative Assistant, Administrative Services Division Date: 7/1/2014 1:40:21 PM Name: JacobsSusan Title: Operations Analyst, Public Utilities Division Date: 7/1/2014 2:01:43 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 7/1/2014 2:06:06 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 7/1/2014 4:50:36 PM Name: KlatzkowJeff Packet Page -2459- Title: County Attorney, Date: 7/2/2014 9:08:36 AM Name: OchsLeo 7/8/2014 16.K.7. Title: County Manager, County Managers Office Date: 7/2/2014 9:57:50 AM Packet Page -2460- FIRST AMENDMENT TO LICENSE AGREEMENT 5r THIS FIRST AMENDMENT TO LICENSE AGREEMENT entered into this '' day of J-'°'L -Y 2014, by and between SUMMIT BROADBAND INC., a Florida corporation, whose mailing address is 24017 Production Circle, Bonita Springs, FL 34135, hereinafter referred to as "LICENSEE and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX -OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, whose mailing address is 3335 East Tamiomi Trail, Suite 101, Naples, Florida 34112, hereinafter referred to as "LICENSOR ". WITNESSETH WHEREAS, the LICENSEE and LICENSOR have previously entered into a License Agreement ("License Agreement ") dated February 25, 2014; WHEREAS, the LICENSEE and LICENSOR are desirous of amending that License Agreement; and NOW, THEREFORE, in consideration of the covenants and agreements provided within the said License Agreement dated February 25, 2014, and Ten Dollars ($10.00) and other valuable consideration, the License Agreement is hereby amended as follows: 1. Article 1.011 of the License Agreement is hereby revised in part to replace Exhibit "A," attached to the License Agreement in its entirety, with the attached revised Exhibit "A ". 2. Article 1.02 of the License Agreement is hereby deleted in its entirety and the following provision is substituted in its place: "11.02 PURPOSE OF AGREEMENT: LICENSOR hereby Licenses the LICENSED AREA to LICENSEE. This License is not a Franchise under any law, rule, or regulation. The LICENSED AREA for the purposes of this Agreement shall include: a) the parcel of land measuring approximately 36 feet by 51 feet (equaling approximately 1,836 square feet) for the hub; b) the additional 10 foot wide parcels from the entrance rood and /or adjacent property owner's property to the hub for installation of the underground cable; and c) the parcel measuring approximately 10 feet by 140 feet (equaling approximately 1,400 square feet) for installation of underground electrical conduit. Access to the LICENSED AREA is granted as provided for herein. If any easement documents require recordation in the Public Records of Collier County, LICENSEE shall pay all costs associated with the recordation of same." 2. Except as expressly provided herein, the License Agreement remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein, IN WITNE55 WHEREOF, the LICENSEE and LICENSOR have hereto executed this First Amendment to License Agreement the day and year first above written. AS TO THE LICENSEE: DATED: - Ill/ 86f iI ilk==� r4v1141-V1C witness (signature) Print: �T feu AA I/ Witness (signature) Print: M. T1, VA,—)= SUMMIT BROADBAND INC., a Florida corporation BY: FRANK MAt46UCQ, Div. President Packet Page -2461- 7/8/2014 16.K.7. viii' AS TO THE LICENSOR: DATED: BY: 7/8/2014 16. K. 7. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT BY: . Deputy Clerk TOM HENNING, Chairman Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney 6 �3 Packet Page -2462- EXHIBIT 7/8/2014 16.K.7. N56.44'41'E MM CORNER S56'44'41 W 566.41 c, / t OF PARCEL '0' LINE TABLE a aw, LINE LENGTH BEARING L4 ?I / L11 a Ll 4823(P) N 53.39'19' E u� _ L2 94.98(P) S 36'20'41' E '� a�� 1-' eq y L3 72.04 (P) 'S 53.39'19' W L9 52.20 L4 525 N 60.20'12' E L5 36.00 N 29.39'48' W D' L6 51.00 S 60.2 0'12' W PI h L7 53.50 N '17.36'53' E Q111ri L8 9.79 N 11'20'17' W L9 5100 S 60.20'12' 'W ZI L10 36.00 S 29.39'48' E L11 50.75 N 60.20'12' E CO i ,yq I:r COLLIER - COUNTY SITE il� PARCEL 'M' FORMERLY P.B.I.D. t CD.R. 1536, 12.00 AC.f PGS. 1865 -1878) (O.R. 1393, PG. 1235) i i N C ❑:R. 3755, PG.' 2127> oiNz H allr'r 111 w c 154.�si ', I PART OF PARCEL '0' 1 �^ PELICAN BAY, UNIT TWO (PB. 12, PGS, 74 -79) 1 L_Sb0'04'43_W _ z rr- L8 S61.40'41, 4/ CLUB @PELICAN BAY N MAINT. AREA �aa L3 - - Cu J NOT A SURVEY 6 -27 -14 REVISED LICENSE SHEET 1 OF 2 for: project: PELICAN BAY SUMMIT BROADBAND - UTILITY LICENSE title: dote: SKETCH AND DESCRIPTION OF UTILITY LICENSE - FEB. 3, 2014 stole: book: WUNDAGE, Cartlticate of Anthorlsatlon Nos. 1S 36" and 138 W64 Tax: (239)scee -2203 120 page: ER project view: no.: urc. '' 14 -0011 Professional engineers, planners, & land surveyors acad: tale no: cons*,• Cam* snit* 800. 7400 %miand Trull, North; N&PI", FL 34Loe (=9)m -3111 11057 -SD 11057 Packet Page -2463- 7/8/2014 16. K. 7. LEGAL DESCRIPTION OF A UTILITY LICENSE PART OF PARCEL '0' PELICAN BAY UNIT TWO <P,B. 12, PAGES 74 -79) COLLIER COUNTY, FLORIDA ALL THAT PART OF PARCEL '0', PELICAN BAY UNIT TWO, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGES 74 -79, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE SOUTHERLY MOST CORNER OF PARCEL 101 PELICAN BAY UNIT TWO AS RECORDED IN PLAT BOOK 12 PAGES 74 THROUGH 79 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDAI THENCE NORTH 56.44.41' EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 'O' A DISTANCE OF 236.36 FEET TO THE POINT OF BEGINNING OF A 10.00 FEET WIDE UTILITY LICENSE LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, THENCE LEAVING SAID SOUTHERLY LINE NORTH 1110'39' WEST A DISTANCE OF LLL50 FEET TO POINT 'A' AND AND THE POINT OF TERMINUS OF THE CENTERLINE HEREIN DESCRIBEDI BEGINNING AT THE AFORESAID POINT 'A' NORTH 60'20'12' EAST A DISTANCE OF 525 FEETI THENCE NORTH 29'39'48' WEST A DISTANCE OF 36.00 FEETI THENCE SOUTH 60'20'12' WEST A DISTANCE OF 51.00 FEET TO POINT 'B'; THENCE CONTINUING SOUTH 60.20'12' WEST A DISTANCE OF 5.00 FEETI THENCE SOUTH 29.39'48' EAST A DISTANCE OF 36.00 FEETI THENCE NORTH 60'20'12' EAST A DISTANCE OF 50.75 FEET TO POINT 'A' AND THE POINT OF BEGINNING OF AND THE PARCEL HEREIN DESCRIBED) BEGINNING AT THE AFOREMENTIONED POINT 'B' SAID POINT BEING THE BEGINNING OF A 10 .00 FEET WIDE UTILITY LICENSE LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOVSI THENCE NORTH 29.39'48' WEST A DISTANCE OF 143.78 FEETI THENCE NORTH 17.36'53' EAST A DISTANCE OF 53.50 FEETI THENCE NORTH 28'43'29' WEST A DISTANCE OF 96.14 FEETI THENCE NORTH 27.55.34' VEST A DISTANCE OF 170.08 FEET TO POINT 'C'1 THENCE CONTINUE NORTH 27'55'34' VEST A DISTANCE OF 95.73 FEET TO POINT 'D'I THENCE CONTINUE NORTH 27.55'34' VEST A DISTANCE OF 75.57 FEETI THENCE NORTH 56.15'03' EAST A DISTANCE OF 147.98 FEETI THENCE NORTH 49.38'29' EAST A DISTANCE OF 122.30 FEET) THENCE NORTH 16'29'31' EAST A DISTANCE OF 101.06 FEETI THENCE NORTH 11'20'17' WEST A DISTANCE OF 9.79 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF THE PELICAN BAY MAINTENANCE AREA AND THE POINT OF TERMINUS OF THE CENTERLINE HEREIN DESCRIBED. AND BEGINNING AT THE AFOREMENTIONED POINT 'C' SAID POINT BEING THE BEGINNING OF A 10.00 FEET WIDE UTILITY LICENSE LYING 540 FEET ON EACH SIDE OF THE FOLLOWING CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS/ THENCE NORTH 62'04.26' EAST A DISTANCE OF 154.57 FEET TO THE POINT OF TERMINUS OF THE CENTERLINE HEREIN DESCRIBED. AND BEGINNING AT THE AFOREMENTIONED POINT 'D' SAID POINT BEING THE BEGINNING OF A 10.00 FEET WIDE UTILITY LICENSE LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS& THENCE SOUTH 60'04'45' WEST A DISTANCE 1IF 153.76 FEETI THENCE NORTH 68'46.14' WEST A DISTANCE OF 208.35 FEET TO THE POINT OF TERMINUS OF THE CENTERLINE HEREIN DESCRIBED. CONTAINING TOTAL OF 18,407 SQUARE FEET MORE OR LESS; SUB ACT T( LICENSES AND RESTRICTIONS Or RECORD. AGNOLI, B44BRR 6 BRUNDAGE, INC. P.S.M, 4390 1. DIMENSIONS ARE I� FEET AND DECIMALS THEREOF. 5. BEARINGS ARE BASED ON PELICAN BAY UNIT 2 PLAT, 2. P.O.B. - POINT OF BEGINNING 6. P.B.I,D. = PELICAN BAY IMPROVEMENT DISTRICT 3. P.O.C. - POINT OF COMMENCEMENT 7. <P) - PLATTED 4. P.O.T. - POINT OF TERMINUS 8. REF, OR 3755, PG 2127 6 -27 -14 REVISED LICENSE SHEET 2 OF 2 for: protect: PELICAN BAY SUMMIT BROADBAND - UTILITY LICENSE title: SKETCH AND DESCRIPTION OF UTILITY LICENSE dote: FEB. 3, 2014 GNOLI Ceriifioate or Authorization Noe. LB 9864 and BB 36" N.T.S. Page: Fax: (299)988 -2208 R & project view: =U'XDAGE, wc. no.: 14 -0011 Professional engineers, planners, & land surveyors ocad: file no: Collier CountJ: Suite 200. 7400 Tamiaml Trap, North; Napi". 17, 9410[1 (299)597 -9111 11057 -SD 11057 Packet Page -2464- (S