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Agenda 11/18/2014 Item # 16E 811/18/2014 16.E.8. EXECUTIVE SUMMARY Recommendation to approve Second Amendment to License Agreement with Summit Broadband Inc. to add an area for the Licensee's permanent generator. 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, as amended (License Agreement) to add an area for the Licensee's permanent generator. 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, Licensee was advised by the County's building permitting inspectors that their planned permanent generator had to be setback from the hub building ten feet. The original plan was to locate the permanent generator immediately adjacent to the hub building on the south side. In order to comply with the 10 foot setback requirement, Licensee consulted with Licensor and determined that the best alternative location would be to locate the penmanent generator on the north side of the hub building which requires additional area to be added to the Licensed Area in the License Agreement. Accordingly, the proposed Second 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 1,376 square feet. Since the agreed annual rental was a flat fee amount based on use and not square footage, no increase to the annual rent is requested. Licensee has approved the Second Amendment to License Agreement. County staff has reviewed the request and confirmed that there are no conflicts with existing infrastructure. FISCAL IMPACT: There is no fiscal impact associated with this action. GROWTH MANAGEMENT IMPACT: No Growth Management impact is associated with this acti on. 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 Second Amendment to License Agreement with Summit Broadband. PREPARED BY: Sue Jim Zimmerman, Senior Property Acquisition Specialist, Real Property Management, Facilities Management Department Attachment: Second Amendment to License Agreement Packet Page -1838- COLLIER COUNTY Board of County Commissioners Item Number: 16.E.9. 11/18/2014 16.E.8. Item Summary: Recommendation to approve Second Amendment to License Agreement with Summit Broadband Inc. to add an area for the Licensee's permanent generator. Meeting Date: 11/8/2014 Prepared By Name: SueZimmerman Title: Property Acquisition Specialist, Senior, Facilities Management Approved By Name: dennislinguidi Title: Manager - Facilities, Facilities Management Date: 10/30/2014 04:29:23 PM Name: molt t Title: Manager - Property Acquisition & Const M, Facilities Management Date: 10/30/2014 04:30:41 PM Name: pochopin_p Title: Administrative Assistant, Administrative Services Division Date: 10/30/2014 04:38:29 PM Name: rodriguezdan Title: Director - Solid Waste, Solid & Hazardous Waste Management Date: 10/30/2014 04 :56:25 PM Name: PriceLen Title: Administrator - Administrative Services, Administrative Services Division Date: 10/31/2014 10:59:42 AM Name: jenniferbelpedio Title: Assistant County Attorney, CAO General Services Date: I 1 /03/2014 10:08:59 AM Packet Page -1839- Name: klatzkowjeff Title: County Attorney, Date: 11 /03/2014 02:15:25 PM 11/18/2014 16.E.8. Name: sherrykimble Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 11/04/2014 10:59:41 AM Name: ochs_I Title: County Manager, County Managers Office Date: 11/06/2014 03:36:53 PM Packet Page -1840- 11/18/2014 16.E.8. SECOND AMENDMENT TO LICENSE AGREEMENT THIS SECOND AMENDMENT TO LICENSE AGREEMENT entered into this day of _ , 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 Tomiami Trail, Suite 101, Naples, Florida 34112, hereinafter referred to as "LICENSOR ". WITNESSETH WHEREAS, the LICENSEE and LICENSOR have previously entered into a License Agreement dated February 25, 2014 ( "License Agreement "), and First Amendment to License Agreement effective July 8, 2014 ( "First Amendment "); WHEREAS, the LICENSEE and LICENSOR are desirous of amending that License Agreement and First Amendment; and NOW, THEREFORE, in consideration of the covenants and agreements provided within the said License Agreement, as amended, and Ten Dollars ($10.00) and other valuable consideration, the License Agreement is hereby amended as follows: 1. Article 1.01 of the License Agreement, as amended, 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, as amended, is hereby deleted in its entirety and the following provision is substituted in its place: "1.02 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 3,212 square feet, as field verified, for the hub; b) the additional 10 foot wide parcels from the entrance road 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." 3. 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 WITNESS WHEREOF, the LICENSEE and LICENISOR have hereto executed this Second Amendment to License Agreement the day and year first above written. AS TO THE LICENSEE: SUMMIT BROADBAND INC., a Florida corporation DATED: Witness (signature) Print: Witness (signature) Print: BY: FRANK MAMBUCA, Div. President Packet Page -1841- 0) AS TO THE LICENSOR: DATED: BY: Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney 11/18/2014 16.E.8. 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: TOM HENNING, Chairman D Packet Page -1842- 11/18/2014 16.E.8. N56.44'41`E S61.40'41' W tJ Q1 J f l Y � � r,QflO CLUB @ PELICAN BAY MAINT. AREA b`' JL3 NOT A SURVEY 6 -27 -14 REVISED LICENSE 10 -20 -14 REVISEI)6 — SHEET 1 OF 2 for: I project: PELICAN BAY SUMMIT BROADBAND - UTILITY LICENSE title: dote: SKETCH AND DESCRIPTION OF UTILITY LI CENSE FEB. 3, 2014 scale: book: XpWm1 GNI)L1 Certlflaata of Authorization Nos. LD 3664 and EB 3964 1" -120' page: i.01• Fos: (239)566-=03 I i� I ARBER & project view: �i��RUNDAGE, Ific. 14 -0011 Professional engineers, planners. & Iand surveyors ocad: file no: Colder County: Suite 500. 7400 Tamiami Trail. North; Napias , FL 34100 (2351)597-3111 110557 -SD 1 11057 EEXHiBiT ft Packet Page - 1843 - — S56'44'41-W 566.41 _ " LINE TABLE L4\ o+ LINE LENGTH BEARING L11� n L1 4823(P) N 53'39'19' E JI 12 ra Ch ~ L2 94.98(P) S 36'20'41' E IJ L6�j1 m 1° L3 72.04(P) S 53'39'19' W -L13 m N 52.20 L4 13.07 N 60'20'12' E L12 I i L9 L5 39.04 N 29.4 9' 16' W oil I 'rl L6 7.72 S 60.02'45' W I� 1I� ~ v L7 53.50 N 17'36'53' E I F, L8 9.79 N 71'20'17` W c� I� •° L9 5.00 S 60'11'10` W Zl l z LID 51.88 S 29'39'48' E L11 50.75 N 6D'20'12' E L12 13.02 N 29'48'50' W ? L13 50.96 5 60'11'10' W o,i I M Io o COLLIER COUNTY SITE ®li° PARCEL 'M' ^ FORMERLY P.B.I.D. = I (D.R. 1536, W 12.00 AC.} , PGS. 1865 -1878) (D.R. 1393, PG. 1235) (O.R. 3755, PG. 2127) CD a � ail 1 v hl 11n —1 I L Ili. I ru a X2.04'26_1! Ilk 1z P.D PART OF PARCEL 'O' �L PELICAN BAY, UNIT TWO II° (PE, 12, PGS. 74 -79) I L_s6D•o4'4s'w _ it --- \ a lllu^i I Ivi vvQ, S61.40'41' W tJ Q1 J f l Y � � r,QflO CLUB @ PELICAN BAY MAINT. AREA b`' JL3 NOT A SURVEY 6 -27 -14 REVISED LICENSE 10 -20 -14 REVISEI)6 — SHEET 1 OF 2 for: I project: PELICAN BAY SUMMIT BROADBAND - UTILITY LICENSE title: dote: SKETCH AND DESCRIPTION OF UTILITY LI CENSE FEB. 3, 2014 scale: book: XpWm1 GNI)L1 Certlflaata of Authorization Nos. LD 3664 and EB 3964 1" -120' page: i.01• Fos: (239)566-=03 I i� I ARBER & project view: �i��RUNDAGE, Ific. 14 -0011 Professional engineers, planners. & Iand surveyors ocad: file no: Colder County: Suite 500. 7400 Tamiami Trail. North; Napias , FL 34100 (2351)597-3111 110557 -SD 1 11057 EEXHiBiT ft Packet Page - 1843 - — 11/18/2014 16.E.8. 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 ?0? PELICAN DAY UNIT TWO AS RECORDED IN PLAT BOOK 12 PAGES 74 THROUGH 79 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 56.44'41' EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 10' A DISTANCE OF 23636 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 11'50'39' WEST A DISTANCE OF 111.50 FEET TO POINT 'A' AND THE POINT OF TERMINUS OF THE CENTERLINE HEREIN DESCRIBED; AND BEGINNING AT THE AFORESAID POINT 'A' NORTH 60'20'12' EAST A DISTANCE 13F 13.07 FEETI THENCE NORTH 29'49'16' WEST A DISTANCE OF 39.04 FEET; THENCE SOUTH 60'02'45' WEST A DISTANCE OF 7.72 FEET; THENCE NORTH 29'48'5D' WEST A DISTANCE OF 13.02 FEET; THENCE SOUTH 60'11'10' WEST A DISTANCE OF 50.96 FEET TO POINT 'B'; THENCE CONTINUING SOUTH 60'11'10' WEST A DISTANCE OF 5.9D FEET; THENCE SOUTH 29'39'48' EAST A DISTANCE OF 51.8E 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 C£NTCRLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THENCE NORTH 29'39'48' WEST A DISTANCE OF 127.89 FEET; THENCE NORTH 17.36'53' EAST A DISTANCE OF 53.50 FEETI THENCE NORTH 28'43'29' WEST A DISTANCE OF 96.14 FEET; THENCE NORTH 27'55'34' WEST A DISTANCE OF 17D.08 FEET TO POINT 'C'; THENCE CONTINUE NORTH 27.55'34' WEST A DISTANCE OF 95.73 FEET TO POINT 'D'; THENCE CONTINUE NORTH 27.55'34' WEST A DISTANCE OF 75.57 FEET; THENCE NORTH 56 "15'03' EAST A DISTANCE OF 147.98 FEET; THENCE NORTH 49'38'29' EAST A DISTANCE OF I22.30 FEET; THENCE NORTH 16'29'31' EAST A DISTANCE OF 10606 FEET; 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 IIF A IDMO FEET WIDE UTILITY LICENSE LYING 5.00 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 VIDE UTILITY LICENSE LYING 540 FEET ON EACH SIDE OF THE FOLLOWING CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THENCE SOU ;H 60'04'45' WEST A DISTANCE OF 153.76 FECT/ THENCE NOH 68'46'14' WEST A DISTANCE OF 209.35 FEET TO THE POINT OF TERMINUS OF THE CENTERLINE HEREIN DEWRIBED. CONTAININIJA TOTAL OF 19.369 SQUARE FEET MORE OR LESS; SUBJECT la LICENSES AND RESTRICTIONS OF RECORD. AGNOLI, BWI1tR L BRUNDAGE. INC. GUY P. P,S.M. 4390 1, DIMENSIONS ARE IN FEET AND DECIMALS THEREOF 1 2. P.O.B. = POINT OF ?EGINNING 3. P.O.C. = POINT OF }}COMMENCEMENT 4. P.O.T. = POINT OF TERMINUS 6 -27 -14 REVISED : ICENSE 10- 20-14 REVISED 5. BEARINGS ARE BASED ON PELICAN BAY UNIT, 2 PLAT, 6. P.B.I.D. - PELICAN DAY IMPROVEMENT DISTRICT 7, CP) ■ PLATTED 8. REF, OR 3755, PG 2127 SHEET 2 OF 2 for: I pro iect: PELICAN SAY SUMMIT BROADBAND - UTILITY LICENSE title: date: SKETCH AND DESCRIPTION OF UTILITY LICENSE FEB. 3, 2014 so scale: book: iii GNOU CarUricats of Autbortzation Nos. LB 3a64 and BD 3664 N.T.S. Page: a�f�a Fax: (232)566-2203 wagon ARBER & project view: 11no 0081c) RUNDAGE, 14-0011 one ma INC. Professional engineers, planners, & land surveyors ocad: file no: ColUer Cauatp: Suite M. 7400 Tamlaml Trall, North: Naples, Pi. 3410a {239}547 -3111 11057 -SD 11057 w ° Packet Page -1844- -�