Backup Documents 07/11/2017 Item #16D11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16 D 1 .
ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney `pi) 31,Z5I S
2. BCC Office Board of County `
Commissioners SCI/ \\A\\S
3. Minutes and Records Clerk of Court's Office tri( pi"
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Michael Dowlin Phone Number 8743
Contact/ Department
Agenda Date Item was July 11,2017 Agenda Item Number 16 D 11
Approved by the BCC
Type of Document First Amendment Number of Original 2
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whic - • is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? S R . N/A
2. Does the document need to be sent to another agency for addition. signa s? yes, N/A
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on_7-11-2017 ,and all changes MD 1'tc31
made during the meeting have been incorporated in the attached document. The + o'.b, #
County Attorney's Office has reviewed the changes,if applicable. =•�
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the a ,
Chairman's signature. 11%;-f--
I:
'-I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16011
L ,IF N
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• Memorandum
r1 f(OROP 1
O(TN%
To: Minutes and Records
Clerk to the Board
From: Michael Dowling
Senior Property Management Specialist
Real Property Management
Date: March 26, 2018
Subject: First Amendment to Ground Lease Agreement
BCC: July 11, 2017
Item: 16 D 11
Please provide me with an electronic copy and retain the original for your files.
Please contact me at extension 8743 with any questions.
Thank you and best regards,
Michael
16011
MEMORANDUM
Date: April 4, 2018
To: Michael Dowling, Property Acquisition Specialist
Facilities Management Department
From: Teresa Cannon, Sr. Deputy Clerk
Boards Minutes & Records Department
Re: 1st Amendment to Ground Lease Agreement and
Memorandum of Lease
Attached is one (1) copy agreement as referenced above (Item #16D11),
approved by the Board of County Commissioners on Tuesday, July 11, 2017.
The Minutes & Records Department has kept an original agreement for the
Board's Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
16011
FIRST AMENDMENT TO GROUND LEASE AGREEMENT
This First Amendment to Ground Lease Agreement(this"Amendment')is made effective
as of the latter signature date hereof(the "Effective Date") by and between Collier County, a
political subdivision of the State of Florida ("Owner") and Verizon Wireless Personal
Communications LP d/b/a Verizon Wireless ("Tenant") (Owner and Tenant being collectively
referred to herein as the"Parties").
RECITALS
WHEREAS, Owner owns the real property described on Exhibit A attached hereto and by this
reference made a part hereof(the "Owner's Land"); and
WHEREAS, Owner and Tenant's predecessor-in-interest, PrimeCo Personal Communications,
LP,entered into that certain Ground Lease Agreement dated May 27, 1997(the"Lease"),pursuant
to which the Tenant leases a portion of the Owner's Land and is the beneficiary of certain
easements for access and public utilities, all as more particularly described in the Lease (such
portion of the Owner's Land so leased along with such portion of the Owner's Land so affected,
collectively, the"Leased Area"), which Leased Area is also described on Exhibit A; and
WHEREAS, Tenant, Verizon Communications Inc., a Delaware corporation, and other parties
identified therein, entered into a Management Agreement and a Master Prepaid Lease, both with
an effective date of March 27, 2015 and both with ATC Sequoia LLC,a Delaware limited liability
company("American Tower"), pursuant to which American Tower subleases, manages,operates
and maintains, as applicable, the Leased Area, all as more particularly described therein; and
WHEREAS, Tenant has granted American Tower a limited power of attorney (the "POA") to,
among other things, prepare, negotiate, execute, deliver, record and/or file certain documents on
behalf of Tenant, all as more particularly set forth in the POA; and
WHEREAS,Owner and Tenant desire to amend the terms of the Lease to extend the term thereof
and to otherwise modify the Lease as expressly provided herein.
NOW THEREFORE,in consideration of the foregoing recitals and the mutual covenants set forth
herein and other good and valuable consideration,the receipt,adequacy,and sufficiency of which
are hereby acknowledged, the Parties hereby agree as follows:
1. One-Time Payment. Tenant shall pay to Owner a one-time payment in the amount of Ten
Thousand and No/100 Dollars($10,000.00),payable within thirty (30)days of the Effective
Date and subject to Tenant's receipt of this Amendment and an original Memorandum (as
defined herein)executed by Owner.
2. Lease Term Extended. Notwithstanding anything to the contrary contained in the Lease or
this Amendment,the Parties agree the Lease originally commenced on May 27, 1997,is hereby
amended to provide Tenant with the option to extend the Lease for each of five (5) additional
five(5)year renewal terms(each a"Renewal Term"and,collectively,the"Renewal Terms")
following the expiration date stated in the Lease. Notwithstanding anything to the contrary
contained in the Lease,(a)all Renewal Terms shall automatically renew unless Tenant notifies
Owner that Tenant elects not to renew the Lease at least sixty (60) days prior to the
commencement of the next Renewal Term, and (b) in the event Tenant fails to make any
payment to Owner of any rent or other sums as and when due under the Lease,as modified by
ATC Site No:411196
VZW Site No:118328
Site Name:Arbor
16D11
this Amendment, Owner shall not have the right to terminate the Lease or pursue any other
available remedies unless and until Tenant fails to cure such default within ten(10)days after
receiving written notice thereof from Owner. The Owner hereby agrees to execute and return
to Tenant an original Memorandum of Lease in the form and of the substance attached hereto
as Exhibit B and by this reference made a part hereof(the "Memorandum") executed by
Owner, together with any applicable forms reasonably needed to record the Memorandum,
which forms shall be supplied by Tenant to Owner.
3. Rent and Escalation. Commencing on May 27, 2017, the rent payable from Tenant to
Landlord under the Lease is hereby increased to Thirty Thousand and No/100 Dollars
(530,000.00) per year (the "Rent"). Commencing on May 27, 2018 and on each successive
annual anniversary thereof, Rent due under the Lease shall increase by an amount equal to
three percent (3%) of the then current Rent. Notwithstanding anything to the contrary
contained in the Lease,all Rent and any other payments expressly required to be paid by Tenant
to Landlord under the Lease and this Amendment shall be paid to Collier County. The
escalations to Rent in this Section shall be the only escalations to the Rent and any/all
escalations to Rent in the Lease are hereby null and void and of no further force and effect.
4. Landlord and Tenant Acknowledgments and Statements. Except as modified herein, the
Lease and all provisions contained therein remain in full force and effect and are hereby ratified
and affirmed. Each Party hereby reaffirms the representations and warranties made by such
Party in the Lease as of the Effective Date, and confirms that such representations and
warranties apply to this Amendment to the same extent as to the Lease. The Parties hereby
agree that no defaults exist under the Lease. To the extent Tenant needed consent and/or
approval from Landlord for any of Tenant's activities at and uses of the site prior to the
Effective Date, including subleasing to American Tower, Landlord's execution of this
Amendment is and shall be considered consent to and approval of all such activities and uses
and confirmation that no additional consideration is owed to Landlord for such activities and
uses.
5. Notices. The notice addresses for Tenant listed in Section 10 of the Lease are hereby replaced
with the following:
Tenant: Verizon Wireless
Attn. Network Real Estate
180 Washington Valley Road
Bedminster,NJ 07921
with copy to: American Tower
Attn: Land Management
10 Presidential Way
Woburn, MA 01801
and also with copy to: American Tower
Attn: Legal Dept.
116 Huntington Avenue
Boston, MA 02116.
ATC Site No:411196
VZW Site No:118328
Site Name:Arbor
16011
6. Counterparts. This Amendment may be executed in several counterparts,each of which when
so executed and delivered,shall be deemed an original and all of which, when taken together,
shall constitute one and the same instrument,even though all Parties are not signatories to the
original or the same counterpart. Furthermore, the Parties may execute and deliver this
Amendment by electronic means such as.pdf or similar format. Each of the Parties agrees that
the delivery of the Amendment by electronic means will have the same force and effect as
delivery of original signatures and that each of the Parties may use such electronic signatures
as evidence of the execution and delivery of the Amendment by all Parties to the same extent
as an original signature.
TENANT:
Verizon Wireless Personal Communications LP d/b/a Verizon Wireless
By: ATC Sequoia LLC,a Delaware limited liability company
Title: Attorney-in-Fact
Signature:
Print Flame: Shawn Lanier
Vice Presidtint-Legal
Title:
Date: 2 (0 — .(
OWNER:
DATED: 1/- 7
BOARD 0 0 Y CO f► ..RS,
ATTEST: COLLI CO Y.,. LOR
DWI(314T E. BROCK -lerk •
nutv test ��{6 Chairman's•
41q)1S Andy Solis, Chairman
signature only.
Approved as to form and legality:
Jennifer A.Beipedi
Assistant County Attorney
� ` I
ATC Site No:411196
VZW Site No:118328
Site Name:Arbor
1
1 6 D 1 1
EXHIBIT A
This Exhibit A may be replaced at Tenant's option as described below
Owner's Land
Tenant shall have the right to replace this description with a description obtained from Owner's
deed(or deeds) that include the land area encompassed by the Lease and Tenant's improvements
thereon
The Owner's Land consists of the entire legal taxable lot owned by Owner as described in a deed
(or deeds) to Owner of which the Leased Area is a part thereof with such Owner's Land being
situated in the County of Collier, State of Florida, and being described below:
Tract 8-4, The vineyards Unit 3, in accordance with and subject to
the plat recorded in Plat book 16 at Pages 2-5 , Public
Records Collier County, Florida su ect to the following covenants
and restrictions.
Parcel ID: 80708195004
ATC Site No:411196
VZW Site No:118328
Site Name:Arbor
1 6 D 1 1
LEASED PREMISES
Tenant shall have the right to replace this description with a description obtained from the Lease
or from a description obtained from an as-built survey conducted by Tenant.
The Leased Area consists of that portion of the Owner's Land as defined in the Lease which shall
include access and utilities easements. The square footage of the Leased Area shall be the greater
of: (i) the land area conveyed to Tenant in the Lease; (ii) Tenant's (and Tenant's customers)
existing improvements on the Owner's Land; or (iii) the legal description or depiction below (if
any).
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ATC Site No:411196
VZW Site No:118328
Site Name:Arbor
1
6D11
ACCESS AND UTILITIES
The access and utility easements include all easements of record as well that portion of the Owner's
Land currently utilized by Tenant(and Tenant's customers)for ingress,egress and utility purposes
from the Leased Area to and from a public right of way.
ATC Site No:411196
VZW Site No:118328
Site Name:Arbor
16011
EXHIBIT B
FORM OF MEMORANDUM OF LEASE
ATC Site No:411196
VZW Site No:118328
Site Name:Arbor
16011
Prepared by and Return to:
American Tower
10 Presidential Way
Woburn, MA 01801
Attn: Land Management/Daniel Levine, Esq.
ATC Site No: 411196
ATC Site Name: Arbor State of Florida
Assessor's Parcel No(s): 80708195004 County of Collier
MEMORANDUM OF LEASE
This Memorandum of Lease (the "Memorandum") is entered into on the / / day
day of
'-- , 201 7 by and between Collier County, a political subdivision of the
State of Florida("Owner") and Verizon Wireless Personal Communications LP d/b/a Verizon
Wireless ("Tenant").
NOTICE is hereby given of the Lease (as defined and described below) for the purpose of
recording and giving notice of the existence of said Lease. To the extent that notice of such Lease
has previously been recorded, then this Memorandum shall constitute an amendment of any such
prior recorded notice(s).
1. Owner's Land and Lease. Owner is the owner of certain real property being described in
Exhibit A attached hereto and by this reference made a part hereof(the "Owner's Land").
Owner and Tenant's predecessor-in-interest, PrimeCo Personal Communications, LP, entered
into that certain Ground Lease Agreement dated May 27, 1997 (the "Lease"), pursuant to
which the Tenant leases a portion of the Owner's Land and is the beneficiary of certain
easements for access and public utilities, all as more particularly described in the Lease(such
portion of the Owner's Land so leased along with such portion of the Owner's Land so affected,
collectively, the "Leased Area''), which Leased Area is also described on Exhibit A.
2. American Tower. Tenant, Verizon Communications Inc., a Delaware corporation,and other
parties identified therein, entered into a Management Agreement and a Master Prepaid Lease,
both with an effective date of March 27, 2015 and both with ATC Sequoia LLC, a Delaware
limited liability company("American Tower"),pursuant to which American Tower subleases,
manages, operates and maintains, as applicable, the Leased Area, all as more particularly
described therein. In connection with these responsibilities,Tenant has also granted American
Tower a limited power of attorney (the "POA") to, among other things, prepare, negotiate,
execute, deliver, record and/or file certain documents on behalf of Tenant, all as more
particularly set forth in the POA.
ATC Site No:411196
VZW Site No: 118328
Site Name:Arbor
1 6 D 1 1
3. Expiration Date. Subject to the terms,provisions,and conditions of the Lease,and assuming
the exercise by Tenant of all renewal options contained in the Lease, the final expiration date
of the Lease would be May 26, 2042. Notwithstanding the foregoing, in no event shall Tenant
be required to exercise any option to renew the term of the Lease.
4. Leased Premises Description. Tenant shall have the right,exercisable by Tenant at any time
during the original or renewal terms of the Lease, to cause an as-built survey of the Leased
Area to be prepared and, thereafter, to replace, in whole or in part, the description(s) of the
Leased Area set forth on Exhibit A with a legal description or legal descriptions based upon
such as-built survey. Upon Tenant's request, Owner shall execute and deliver any documents
reasonably necessary to effectuate such replacement, including, without limitation,
amendments to this Memorandum and to the Lease.
5. Effect/Miscellaneous. This Memorandum is not a complete summary of the terms,provisions
and conditions contained in the Lease. In the event of a conflict between this Memorandum
and the Lease, the Lease shall control. Owner hereby grants the right to Tenant to complete
and execute on behalf of Owner any government or transfer tax forms necessary for the
recording of this Memorandum. This right shall terminate upon recording of this
Memorandum.
6. Notices. All notices must be in writing and shall be valid upon receipt when delivered by hand,
by nationally recognized courier service,or by First Class United States Mail,certified,return
receipt requested to the addresses set forth herein: to Owner at: 3335 East Tamiami Trail,
Attn: Real Property Management, Naples, FL 34112; to Tenant at: Verizon Wireless, Attn.
Network Real Estate, 180 Washington Valley Road, Bedminster, NJ 07921; with copy to:
American Tower, Attn: Land Management, 10 Presidential Way, Woburn, MA 01801, and
also with copy to: Attn Legal Dept. 116 Huntington Avenue, Boston, MA 02116. Any of the
parties hereto, by thirty (30) days prior written notice to the other in the manner provided
herein, may designate one or more different notice addresses from those set forth above.
Refusal to accept delivery of any notice or the inability to deliver any notice because of a
changed address for which no notice was given as required herein,shall be deemed to be receipt
of any such notice.
7. Counterparts. This Memorandum may be executed in multiple counterparts, each of which
when so executed and delivered, shall be deemed an original and all of which, when taken
together, shall constitute one and the same instrument.
8. Governing Law. This Memorandum shall be governed by and construed in all respects in
accordance with the laws of the State of Florida, without regard to the conflicts of laws
provisions of the State of Florida.
[SIGNATURES COMMENCE ON FOLLOWING PAGE]
ATC Site No:411196
VZW Site No:118328
Site Name:Arbor
16011
OWNER:
DATED: 14)%4 I va BOARD OF ! I TY COMMI _ ,•NERS,
ATTEST: ' COLLIER e•UT , FLORI I -
DW • T E. BROCK Clerk
CBY: A
.'
Deputyikte AhflySolis, Chairman
t�yunnan's
s;Yna` rn crit
Approved as to form and legality:
Jennifer A.Belpedi
Assistant County Attorney
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ATC Site No:411196
VZW Site No:118328
Site Name:Arbor
C',~
16011
IN WITNESS WHEREOF, Owner and Tenant have each executed this Memorandum as of the
day and year set forth below.
TENANT WITNESS
Verizon Wireless Personal Communications LP
d/b/a Verizon Wireless I a C
By: ATC Sequoia LLC.
a Delaware limited liability company Signature:
Tide:Attorney-in-Fact
Signature: Print Name:
Signature:
Print Name: Shawn Lanier
Vice President- Legal Print Name'
Title:
Date: 2 .
WITNESS AND ACKNOWLEDGEMENT
Commonwealth of Massachusetts
County of Middlesex
On this 46 day of rlor.ua- , 2011_ , before me, e,n,e 1 . L:"v,n
the undersigned Notary Public, personally appeared Sh,:.,a,- „.�.. ; v.0. ',-:c,t44.0 - L j'l
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, •
the person(s)or the entity upon which the person(s)acted, executed the instrument.
WITNESS my hand and official seal.
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Notary Public
Print Name: D6fi T 'y�oM 13 �;.�G= i
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ATC Site No:411196
VZW Site No:118328
Site Name:Arbor
1 6 D 1 1
EXHIBIT A
This Exhibit A may be replaced at Tenant's option as described below
Owner's Land
Tenant shall have the right to replace this description with a description obtained from Owner's
deed(or deeds) that include the land area encompassed by the Lease and Tenant's improvements
thereon
The Owner's Land consists of the entire legal taxable lot owned by Owner as described in a deed
(or deeds) to Owner of which the Leased Area is a part thereof with such Owner's Land being
situated in the County of Collier, State of Florida, and being described below:
Tract S-4, The Vineyards Unit 3, in accordance with and subject to
the plat recorded in Plat Book 16 at Pages 2-5 , Public
Records Collier County, Florida iibject to the foolloowing covenants
and restrictions.
Parcel ID: 80708195004
ATC Site No:411196
VZW Site No: 118328
Site Name:Arbor
16 D 1 1
LEASED PREMISES
Tenant shall have the right to replace this description with a description obtained from the Lease
or from a description obtained from an as-built survey conducted by Tenant.
The Leased Area consists of that portion of the Owner's Land as defined in the Lease which shall
include access and utilities easements. The square footage of the Leased Area shall be the greater
of: (i) the land area conveyed to Tenant in the Lease; (ii) Tenant's (and Tenant's customers)
existing improvements on the Owner's Land; or (iii) the legal description or depiction below (if
any).
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ATC Site No:411196
VZW Site No:118328
Site Name:Arbor
16011
ACCESS AND UTILITIES
The access and utility easements include all easements of record as well that portion of the Owner's
Land currently utilized by Tenant(and Tenant's customers)for ingress,egress and utility purposes
from the Leased Area to and from a public right of way.
ATC Site No:411196
VZW Site No:118328
Site Name:Arbor