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Backup Documents 06/26/2018 Item #16D 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 6 0 2 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 '1 G I9t 11 2. BCC Office Board of County L �� Commissioners k I 3. Minutes and Records Clerk of Court's Office U(2-c/g Z I;(2.. 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 Dowling Phone Number 8743 Contact/ Department , Agenda Date Item wasAgenda Item Number Approved by the BCC June 26,2018 , 16 D 2 Type of Document First Amendment to Ground Lease Number of Original Iif/ Attached Agreement _ Documents Attached 5 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, whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? p 0 V4y N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, 7 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 June 26,2018,and all changes made MD during the meeting have been incorporated in the attached document. The County o 7 . Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the r BCC,all changes directed by the BCC have been made,and the document is ready for the ` : ; Chairman's signature. 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 1602 MEMORANDUM Date: June 29, 2018 To: Michael Dowling, Property Acquisition Specialist Facilities Management Department From: Teresa Cannon, Sr. Deputy Clerk Boards Minutes & Records Department Re: First Amendment to Ground Lease Agreement w/SBA Towers II, LLC Attached are four (4) originals as referenced above (Item #16D2), approved by the Board of County Commissioners on Tuesday, June 26, 2018. 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 16D2 •/� - • Memorandum l , fOR1P INA To: Minutes and Records Clerk to the Board From: Michael Dowling Senior Property Management Specialist Real Property Management Date: June 26, 2018 Subject: Frist Amendment to Ground Lease Agreement SBA Towers BCC: June 26, 2018 Item: 16 D 2 Please retain one original for your records and provide me with the other four so that I may provide the SBA with their required number of copies. Please contact me at extension 8743 with any questions. Thank you and best regards, Michael 1 6 0 2 Prepared by: Joanne Beaulieu After recording return to: Ronald Chong SBA Network Services, LLC 8051 Congress Avenue Boca Raton, FL 33487-1307 Ph: 1-800-487-7483 ext. 7872 Lease# 854 Parcel ID: 80708195004; 85000444652 (cell tower) FIRST AMENDMENT TO GROUND LEASE AGREEMENT FOR COMMUNICATION TOWER THIS FIRST AMENDMENT TO GROUND I,ESAE AGREEMENT FOR COMMUNICATION TOWER (Amendment) entered into this , day of k , 2018, at Naples, Collier County, Florida, by and between COLLIER COUNTY, a political subdivision of the State of Florida,whose mailing address is, in care of Real Property Management,3335 East Tam iarni Trail,Suite 101,Naples,Florida 34112,hereinafter referred to as"OWNER,"and SBA Towers II LLC,whose mailing address is, 8051 Congress Avenue, Boca Raton, Florida 33487-1307, successor to Clearshot Communications, LLC, as assigned by Acme Tower Group, LLC, hereinafter referred to as "TENANT." WITNESSETH: WHEREAS, OWNER and Acme Towers Inc., a Florida corporation, entered into that certain Ground Lease Agreement for Communication Tower, dated April 13, 1999, as evidenced by that certain Notice of Commencement recorded June 17, 1999, in OR Book 2560, Page 213, as further evidenced by that certain Memorandum of Lease recorded October 26, 1999, in OR Book 2605, Page 106,and ultimately assigned to TENANT as evidenced by that certain Memorandum of Assignment recorded February 23, 2009, in OR Book 4429, Page 2707, all recordings of the Clerk's Office of Collier County, Florida (collectively,"Lease")for TENANT's use of a portion of the real property("Leased Area") located at 3916 Vanderbilt Beach Rd,Naples, FL 34112(-Owner's Land"), being more particularly described in the Lease; and WHEREAS, the OWNER and TENANT are desirous of amending the Lease Agreement; and WHEREAS,Article 3.D.allows the Lease to be extended past 20 years by way of mutual agreement of the parties; and 00253021 -v I v3 Site ID:FL13643-A Palm River 00b � ��� �� � � � �� NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto covenant, agree and bind themselves to the following modifications to the Lease: |. In keeping with Article 3. A. of the Lease: Commencing on April 13' 2019 (the -Additional Renewal Term Commencement Date-), OVVl�ER`xaonuu| rent shall be increase to Fi�vOne Thousand Eight Hundred Forty and no/10' (51,840.00) Dollars, per year. Annual payments shall be paid by April 15, 2019 and by April 15 for each year thereafter throughout the life of the Lease. 2. In keeping with Article 3. D. of the Lease: In addition to the terms as referenced in the Lease, the Lease is hereby amended to include six (6) additional successive terms of five (5) years (each an "Additional Renewal Term.'"). Each Additional Renewal Term shall be deemed automatically extended, unless TENANT or Owner notifies the other party of its intention not to renew the Lease at least one hundred and eighty(I 80) days prior to the commencement of the succeeding Additional Renewal Term. The first Additional Renewal Term shall commence on the Additional Renewal Term Commencement Date, upon the expiration of the term expiring on April 12, 2019. The Lease is hereby extended until the April 12, 2049. 3. In keeping with Article 3. F. of the Lease: On April 13, 2020, and each anniversary of such date thereafter, OWNER's rent shall incur an increase of three percent(3%). All escalations currently provided in the Lease arising prior to the Additional Renewal Term Commencement Date shall be unaffected by this section. 4. In keeping with Article 10.Notices, of the Lease is hereby amended as follows: OWNER: Collier County Attn: Michael H. Dowling 3335 EasTamiami Trail Naples, FL34| |Z TENANT: SBA Towers II LLC Attn: Site Administration 8051 Congress Avenue Boca Raton, FL 33487-1307 Re: FL|3643'A/Pu|mRiver 5. Upon full execution of this Amendment, TENANT shall pay to the OWNER a one-time payment of Fifty Thousand and No/100 Dollars($50,000.00). 6. Except as expressly provided herein, the Lease Agreement remains in full force and effect to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. 0/2'5302/ '`/,3 2 , , . c 1 6 0 2 IN WITNESS WHEREOF, the OWNER and TENANT have hereto executed this First Amendment to Agreement for Communication Tower the day and year first above written. WITNESSES: TENANT: SBA TOWERS II, LLC,a . .rida limited habit . company 11 , 1 $ w itness(.RIMP.ture) BY: Alyssa Hou i lan CL il‘3 L_.‘X .c,Q Vice President, Site Leasing (Print ! e) siti . e;s. :ignatur) Claudia Perugini I (Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me on the il day of . 2011 by Alyssa Houlihan, Vice President, Site Leasing of SBA Towers II LLC, a Florida 'mited liability company, on behalf of the company and who is personally known to me. ouulisido Ofr * ‘ (r.•.. ..• A' t56.1k.''ary Public ,.. ..•ossionre.4,.. ,:., Print Name: •41)(k1k. t\*\'‘,6kk .zr, ••t,d1c,'\PT la.,,,V• S :::: :A. <5 c.r,• ..- Z." •4 T My Commission Expires: cB ‘10 0.0-44 = • :* = =4, i ....... 4:-- • GG 020178 1.•::1-e,.•.t;_ p • vC Z.:: t...;•'2`.•:04704ded O. ,i4'• g-:.'`.. ' ..74) '•eiNotar Sec.'.\C). "/ iatt,ffigi •-•,k‘ .111111111111110' 00253021 -v1v3 3 Site ID:FL13643-A Palm River Ok) T 1 6 D 2 AS TO THE OWNER: DATED: BOARD OF COMMI . IP RS, ATTEST: COLLIER UN' , FLORI P CrySt. X. Kinzel,- erim Clerk ( CRY: Att/nt as "ndy Solis, Chairman signature only. Approved as to form and legality: Ah. Jennife.7". elpedio, AssiNounty Attorney 's \e" lialpg1;%. Item# Agenda 12A.te) Date Date (217-LCIA Reed 00253021-vi3 4 Site ID r1_13643-A Palm IZINer Deputy Clerk "4'