Agenda 03/22/2011 Item #16E1
3/22/2011 Item 16,E,1.
EXECUTIVE SUMMARY
Recommendation to approve two First Amendments to License Agreements with
American Tower Asset Sub, LLC, increasing the combined monthly fee for each
site by $50 to compensate for the County's use of the Licensor/Owner's existing
electrical service.
OBJECTIVE: Approve two First Amendments to License Agreements with American Tower
Asset Sub, LLC.
CONSIDERATIONS: The County previously entered into License Agreements for the
installation of communications equipment at two towers managed by American Tower Asset
Sub, LLC, for the Safepoint Location system, which is related to the 800 Mhz radio network.
When the locations and Agreements were being negotiated, the County was planning to install
its own electrical service at the two sites. However, the cost for providing electrical service at
these locations can be circumvented by utilizing the owner's power supply, which already exists
on the sites. The County will then provide the Licensor with a monthly payment in the amount of
fifty dollars per site. The County will initially save twelve thousand dollars by not installing the
electrical service for its sole use.
The attached two First Amendments to License Agreements reflect the change for the County to
utilize the Licensor/Owner's electricity, and to provide the Licensor with fifty dollars per month
for electrical service for each site. All other terms and conditions of the existing License
~ Agreements remain in full effect.
FISCAL IMPACT: Funding for the annual electrical charges of $1,200 is available within the
800M Hz Radio System Fund (188).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: The proposed First Amendments to License Agreements are
legally sufficient for Board action and requires majority vote. - JBW
RECOMMENDATION: That the Board approves the First Amendments to License Agreements
with American Tower Asset Sub, LLC, and authorizes its Chairman to execute same.
PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Property
Management, Facilities Management Department
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3/22/2011 Item 16.E.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.1.
Item Summary: Recommendation to approve two First Amendments to License
Agreements with American Tower Asset Sub, LLC, increasing the combined monthly fee for
each site by $50 to compensate for the County's use of the Licensor/Owner's existing electrical
service.
Meeting Date:
3/22/2011
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities
3/2/20 II 10:31 :45 AM
Submitted by
Title: Property Management Specialist, Senior,Facilities
Name: DowlingMichael
3/2/2011 10:31:47 AM
Approved By
Name: AxelrodBarry
Title: Director - Information Technology,lnformation Technology
Date: 3/3/20113:55:13 PM
Name: SmithKristen
Title: Administrative Secretary, Risk Management
Date: 3/3/2011 4:27:35 PM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 3/3/2011 4:57: 11 PM
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
Date: 3/3/2011 4:59:08 PM
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Name: DalyJohn
Date: 3/4/2011 7:58:26 AM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 3/4/2011 3:01:41 PM
Name: Price Len
Title: Administrator - Administrative Services,
Date: 3/9/2011 8:39:32 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/9/2011 4:04:28 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 3/11/20119:14:35 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/11/2011 3:42:48 PM
Name: SheffieldMichael
Title: Manager-Business Operations, CMO
Date: 3/14/2011 3:22:05 PM
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3/22/2011 Item 16.E.1.
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3/22/2011 Item 16.E.1.
Licensor Tower Site Name/Number: East Lehigh Acres, ~'L / JUU~U
Licensor Contract Number: 245337
Licensee Tower Site Name/Number: State Rd 82 / N/A
FIRST AMENDMENT TO LICENSE AGREEMENT
This First Amendment (the "First Amendment") to that certain License
Agreement dated July 22, 2008 by and between American Tower Asset Sub, LLC and
Collier County (the "Agreement"), is made and entered into as of the latter signature date
hereof, by and between American Tower Asset Sub, LLC, a Delaware limited liability
company (the "Licensor") and Collier County, a local governmental entity (the
"Licensee") (collectively, the "Parties").
RECITALS
WHEREAS, Licensor O\\'I1S a certain communications tower and leases a certain
parcel of land located at 101 South Church Street, Immokalee, FL 34142-9641 more
commonly kno\\'I1 to Licensor as the East Lehigh Acres, FL tower sile (the "Tower
Site"); and
WHEREAS, Licensor and Licensee entered into the Agreement for the use of a
certain portion of the Tower Site; and
WHEREAS, Licensee desires to utilize Licensor's electric power at the Tower
Site ("Electricity Use"); and
WHEREAS, the Parties agree that as consideration for Licensee's Electricity Use,
a Utility Fee shall be imposed wlder the Agreement as set forth herein.
NOW THEREFORE, in consideration of the foregoing promises and for other
good and valuable consideration, the reeeipt and sufficiency of which is hereby
acknowledged, the Parties hereto agree as follows:
I) Licensor and Licensee agree and acknowledge that the last sentence of Seetion IV
Fees& Term of the Agreement shall be deleted and replaced with:
..Elcclricil)' for operation of /\pproved EqUJpmen[ is to be provided by (check one):
[8J Licensor, with the cost of SLlch electricity to be paid by Licensee at the initial rate of $50.00 per
month ("lllilit)' Fcc") .sub.kcl adjustment pursuant to Si:ction 5(b). OR
o Liccnsee. a1 its sole expense."'
2) Licensor and Licensee agree and acknowledge that Section S.b. of the Terms and
Conditions of the Agreement shall be deleted and replaced with:
'''Sb. Utilities. Licensor agrees to provide l.icensee ckctrical service limited to a single :W AI\'lP
cirCllil. Licensee ngrees to connect to Licensor's multi-gang me\l.:r rack on or hefore the
Commencement Date. Licensee shall pay the cost of ,iiI utility scrrke necessary. including the
Utility Fee and Connr.::ctioll Fcc. to install, mai11lain snd operate the /\pprovcd Equipment. The
Utility Fee shall be payable in advance on the first day of each calendar month during the Term
beginning upon the Commencement Date. If Licensee requests approval for additional equipment
and electrical capat'it)' Licens(;'e agrees 10 enter into a mOllltoring agreement with a third pJrty to
monitor Licensee's utility usage at the Tower Facility 01" 10 install electrical service independent of'
the Licensor's. Licensee shall providl: to Licensor an annual report of its utility usage at lhe Tov,;er
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Licensor Tower Site Name/Number: East Lehigh ~r~s~(t~tA~IJem 16. E.1.
Licensor Contract Number: 245337
Licensee Tower Site Name/Number: State Rd 82 /N/A
Facility during the Term of this Agreement prepared by the third party monitoring company.
Licensor shull rc\.iew the annual usage report. i:lnd. jf Licensor determines, in its sole discretion.
that Licensee's utility usage increased hy morc than 10'% OWl' Licensee's utility usage as of the
Commcncemt:nt Dille. or as of the date of tht: Ji.lst Utility Fcc increase resulting from increased
utility usage. Licensor may, but is not required. to modify the Utility Fee by an amount equal to
Liccmor's actual increased costs incurred due to Licensee's increased utility usage. If such a
modification in the Utility Fec is imposed, Licensor shull notifY Licensee in writing of such
increase in the Utility Fcc. Any such change in the Utility Fee resulting from an increase in
Licensee's utility usage will take effect \\'iLh the next payment of the Utility Fec coming due after
Licensee's receipt of such notice. Licensee shull obtain and pay the cost oftdephone connections,
the installation or which shall be in compliance with the procedures for installation ilnd
maintenance of Approved Equipment setl'orth herein. Licensee acknov.:kdges that Licensor
shall not provide backup power in the event of an interruption in utility service.
3) Capitalized terms contained hcrein, unless otherwise defined, are intended to have
the same meaning and effect as that set forth in the Agreement.
4) All other terms and provisions of the Agrcement remain in full force and effect.
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3/22/2011 Item 16.E.1.
Licensor Tower Site Name/Number: East Lehigh Acres, FL / 302780
Licensor Contract Number: 245337
Licensee Tower Site NameiNumber: State Rd 82 / N/A
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals to
this First Amendment to that certain License Agreement as of the day and year first
written below:
Agreed to and accepted by LICENSOR:
Signed, sealed and delivered in the presence of:
American Tower Asset Sub, LLC, a Delaware limited
liability company
Witness
By:
Witness
Name: Richard Rossi
Title: Vice President. Contract Management
Date:
Agreed to and accepted by LICENSEE:
ATTEST:
DW1GHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
BY:
FRED W. COYLE, Chainnan
Approved as to form and legal sufficiency:
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Jennifer B. Vv tte, AssIstant County Attomey
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3/22/2011 Item 16.E.1.
Licensor Tower Site Name/Number: 1-75 E MIn :> I."::, t L! jV~(S I J
Liccnsor Contract Number: 245338
Licensee Tower Site Name/Number: 1-75 E Mm 51.2 iN/A
FIRST AMENDMENT TO LICENSE AGREEMENT
This First Amendment (the "First Amendment") to that certain License
Agreement dated July 22, 2008 by and between SpectraSite Communications, LLC and
Collier County (the "Agreement"), is made and entered into as of the latter signature date
hereof, by and between SpectraSite Communications, LLC, a Delaware limited liability
company (the "Licensor") and Collier County, a govcrnmental entity (the "Licensee")
(collectively, the "Parties").
RECITALS
WHEREAS, Licensor owns a certain communications tower and leases a certain
parcel of land located at Intcrstate 75 E, M 51.2, Ochopee, FL, 34141-2089 more
commonly known to Licensor as the 1-75 E Mm 5 J .2, FL tower site (the 'Tower Site");
and
WHEREAS, Licensor and Licensee entered into the Agreement for the use of a
certain portion of the Tower Site; and
WHEREAS, Licensce desires to modify the Utility Fee provlslOn of the
Agreement.
NOW THEREFORE, in consideration of the forcgoing promises and for other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledgcd. the Partics hereto agrce as follows:
]) Licensor and Licensec agree and acknowledge that the Utility Fee provision listed
in the last paragraph of Section IV on Pagc I of the Agreement shall hereby be
deleted in its entirety and rcplaced with:
"Electricity for or~rutjon of Approved Equipment is to h\..' provided hy (check one):
[8J Licensor. with the l~osl or such clc(,tricity h) he puid by Licensee at the initial rate of $50.00 per monlh
C'l.ILilily Fec") suh,il:Cl adjustment pursuanltll S'.:dlon 5{b). OR
D Licensee. at its S(lk expense."
2) Licensor and Liccnsee agrcc and aCKnowledge that Section 5. (b) of the Terms
and Conditions of the Agreement shall hcreby be deleted in its entirety and
replaced with:
5b. Utilities. Licensor agrees (0 prmlde LiceJls-.:e ckctritul sCI'\'iec limikd to a single::!O A\1P circuit.
License\..' agrees \0 tOlllk'ct to Licensor's [l1Ulli-g~lllg meter rad on or before the CommcnccmelH
Dale, Licensee shall pay the cost or all utility sel'\,!c:: nl:cl's~;ar.\'. including the Ltilit)' r:cc and
Connection Fec. to install. maintain and (lperatc the AppnlV':d rquipment. Thc Utilit),' Fec sllilll be
pil)';:Iblc in tldvunce on ll1e lirsl day of' Celeh ,,'aknd,u nwnth during the Tam beginning upon the
Commenn:mcnt Date. I( LiL'cn~ce requl's\:; ,\ppnl\':ll I'llI' aJdiliuna] cquipmellt and electrical
(,UraCil)' Liccns(~c (j~TL'CS to i.:ntl'r into a [l1(\l1itoring d;;.reement with (j third pany to rnOnil(lr
1.i(('ns('(;.', utilily usag..: <11 lhl.;' To\\'cr Facility or to install dectrk:ll s"Tyiee independi.:llt o( the
LicL'l'lsor's, I.icensl.:c shall pnl\idL' {(l Licensor all :lllllual repon of ils utility usage ;:It the Tuwer
Facilily dUl"ll1g Ill,,' IlTm of thj~ :'\gn:I..'lllent prepared hy the third party monitoring company.
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3/22/2011 Item 16.E.1.
Licensor Tower Site Name/Number: 1-75 E Mm 51.2, FL / 3028] 5
Licensor Contract Number: 245338
Licensee Tower Site NameINumber: ]-75 E Mm 51.2 IN/A
Licensor shall review the annual usage report. and, jf Licensor determines. in its sole discretion,
that Licensee's utility usage increased by more than 10% over Licensee's utility usage as of the
Commencement Date, or as of the date of the Jast Utility Fce increase resulting from increased
utility usage. Licensor may, but is not required, to modify the Utility Fee by un amount equal to
Licensor's actual increased costs incurred due to Licensee's increased utility usage. If such a
modification in the Utility Fce is imposed, Licensor shall notify Licensee in writing of such
increase in the Utility Fee. Any such change in the Utility Fee resulting from an increase in
Licensee's utility usage will take effect with the next payment of the Utility Fee coming due after
Licensee's receipt of such notice. Licensee shall obtain and pay the cost of telephone connections,
the installation of which shall be in compliance with the procedures for installation and
maintenance of Approved Equipment set forth herein. Licensee acknowledges that Licensor
shall not provide backup power in the eVt:nt oran interruption in utility service.
3) Capitalized terms contained herein, unless otherwise defined, are intended to have
the same meaning and effect as that set f0l1h in the Agreement.
4) All other terms and provisions of the Agreement remain in full force and effect.
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3/22/2011 Item 16.E.1.
Licensor Tower Site Name/Number: J.75 E Mm 5] .2, FL / 3028] 5
Licensor Contract Number: 245338
Licensee Tower Site Name/Number: 1-75 E Mm 51.2 iN/A
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals to
this First Amendment to that certain License Agreement as of the day and year first
written below:
Agreed to and accepted by LICENSOR:
Signed, sealed and delivered in the
presence of:
SpectraSite Communications, LLC, a
Delaware limited liability company
Witness
By:
Witness
Name: Richard Rossi
Title: Vice President,
Contract Management
Date:
Agreed to and accepted by LICENSEE:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY. FLORIDA
BY:
Deputy Clerk
BY:
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency:
~ ---0 ~ ~'-Z--
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Jennifer B::::~l\lhite, Assistant County Attorney
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