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Backup Documents 09/25/2018 Item #16C7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 C 7 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 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 Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorneyofilarc 2. BCC Office Board of County Z/t\c)(.1 tCommissioners �� \Z%\kck 3. Minutes and Records Clerk of Court's Office l; lovaitt3 l 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 was September 25, 2018 Agenda Item Number 16 C 7 Approved by the BCC Type of Document nt Number of Original Attached �xcch-.b Amendment to Documents Attached Ground Lease Agreement 3 and Memorandum of Lease 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. i ') (Initial) Applicable) 1. Does the document require the chairman's original signatur S#1 C?✓�ca N/A 2. Does the document need to be sent to another agency for ad. 'oval signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phon- .n an attached sheep/ 3. Original document has been signed/initialed for legal sufficiency. (Al •. _- o 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 9-25-2018,and all changes made during N/A is not the meeting have been incorporated in the attached document. The Countya►pt?st Attorney's Office has reviewed the changes,if applicable. t�l e< 9. Initials of attorney verifying that the attached document is the version approved by the N snit BCC, all changes directed by the BCC have been made,and the document is ready fo the ...111..A.40 " ;'1 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 1 6 C 7 MEMORANDUM Date: September 28, 2018 To: Michael Dowling, Property Acquisition Specialist Facilities Management Department From: Teresa Cannon, Sr. Deputy Clerk Boards Minutes & Records Department Re: Second Amendment to Ground Lease Agreement and Memorandum of Lease with Verizon Wireless at North County Water Reclamation Facility Attached are two (2) originals as referenced above (Item #16C7), approved by the Board of County Commissioners on Tuesday, September 25, 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 1 6 C 7 SECOND AMENDMENT TO GROUND LEASE AGREEMENT This Second 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 August 26, 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 Twenty Thousand and No/100 Dollars ($20,000.00), 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 August 26, 1997 and expired on August 25, 2017.The Lease is hereby amended to extend the current term of the Lease to expire on August 25, 2022, and to provide Tenant with the option to extend the Lease for each of four(4) additional five (5)year renewal terms(each a "Renewal Term" and,collectively,the"Renewal Terms"). 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 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 ATC Site No:411199 VZW Site No: 118340 Site Name: N. Naples FL 16C7 forms reasonably needed to record the Memorandum,which forms shall be supplied by Tenant to Owner. 3. Rent and Escalation. Commencing on August 26, 2017,the rent payable from Tenant to Owner under the Lease is hereby increased to Forty Thousand and No/100 Dollars($40,000.00) per year(the "Rent"). Commencing on August 26, 2022 and on the beginning of each Renewal Term thereafter, Rent due under the Lease shall increase by an amount equal to twenty percent(20%) 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 Owner 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. Owner 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 Owner for any of Tenant's activities at and uses of the site prior to the Effective Date, including subleasing to American Tower, Owner'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 Owner 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. 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. [SIGNATURES COMMENCE ON FOLLOWING PAGE] ATC Site No:411199 VZW Site No: 118340 sa, Site Name: N. Naples FL 1607 forms reasonably needed to record the Memorandum,which forms shall be supplied by Tenant to Owner. 3. Rent and Escalation. Commencing on August 26, 2018,the rent payable from Tenant to Owner under the Lease is hereby increased to Forty Thousand and No/100 Dollars ($40,000.00) per year (the "Rent"). Commencing on August 26,2022 and on the beginning of each Renewal Term thereafter, Rent due under the Lease shall increase by an amount equal to twenty percent(20%) 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 Owner 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. Owner 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 Owner for any of Tenant's activities at and uses of the site prior to the Effective Date, including subleasing to American Tower, Owner'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 Owner 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. 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. [SIGNATURES COMMENCE ON FOLLOWING PAGE] ATC Site No:411199 VZW Site No: 118340 Site Name: N. Naples FL � , 1607 OWNER: DATED: /F-BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: Crystal K. Kinzel, ;Clerk 1 11‘. f6 •. By: 1 ttest as t0,CiIiainnan puty Clerk /n r Solis, Esq., Chairman "Isignature:OnIy. Approved as to form and legality: Jenni er A. Belpedio t Attorney cifr 9 46 [SIGNATURES CONTINUE ON FOLLOWING PAGE] ATC Site No:411199 VZW Site No: 118340 Oda Site Name: N. Naples FL TENANT: 1 6 " • 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 Name: Shawn Lanier Title: �/� -(w (�✓ tiden ' ,i Date: "1 [r ATC Site No:411199 VZW Site No: 118340 Site Name: N. Naples FL CI) U 16C7 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: Being situated in Collier County,State of Florida and being Parcel Number:00167840006 A PARCt I Of LAND LOCATED IN SECTION 26 & 27. TOWNSHIP 48 SOullt RANCE 25 EAST, COLLIER rO+JNry FLrORIOA, acme uroRE PMITn.utihRo DIscRlBtt AS f 011046 BEGINNlri, AI A CONCRETE MONUMENT LOLATEEI AT TIME EAST 1/4 COFRH1 k Oi SA10 SECTION 27. THENCE S 0(T2'S'2 'E .N.ONG THE (ASI7INt OF $� SfcTION 27, 1320 44 FEET. THENCE s 80 .3s3"58'1 7a 00 FEET THENCE S 00 21V24-E . 1.320 40 FEET. 1HLP4Ct N $9 35 1 Vw ALONG THE SOUTH LILAC OF SECTION 26, 12 00 stir t) iniC SOUTHEAST CORNLR OF SAM SECTION 27. rHENCE ra dB 4Y 35"W , 772 a I FEES, THENCE N 04 53 "w 1.077 90 + LEI (FENCE S s472e'25'F 4o0 00 FEET, IHEI+ICE 1404 53"O5`* tIft6 Ill 4 EE1, THENCE S$6'2815% 677 31 FEET TO THE FAST UNI +T+ ')AVO 5(CTf0N 27, THENCE S027112'E WING THE I A5I LINT UI 5AiU SECIION 27, 1 314 29 FLIT IO T1# EAST 1/4 I ORME1 u.rI 'Atb SECTION 27 AND TILL POINT OF 13€GINFIiNG 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). A NOCK IAF LA° irk(f Ut 1 $E rams In Or Lt 11OP 2). 1O W11I ' 4/ lOurM, Kama IS (Allt. COItiR mom rt*: moo Iypllm PA IIGLI,I LT memo 4' mows cowthterc Al A C• =.' tEitowyoula .0 Hit ! 1 II/11 COW* or IMO $ECIKw 37, Woe( M fge 17 02'x Nordic mg oat or THE lit Pp or Smo Wow 17 51016 rut biltNet S Or ]2 $6w 3401 ri(f to MC t Cf Btel740 . fH[rMCt $002POrt 5040 PEA t +fit 3U 3 7 00.71 40 013 r t;t JKkCE 14 w 27 0tw 4 do LETT. trite t+W 3V! 44 00WI 10 t Warr r Or of r•#vr hrl C4 +wmi C 7 tlrm FE#.T 0 001 its inaL 00 Liu ATC Site No:411199 VZW Site No: 118340 Site Name: N. Naples FL • 16C7 EXHIBIT A(Continued) 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, including but not limited to: Utility Description: A PARCEL OF LAND 1000 FEET WIDE LYING IN THE NORTH 1/2 OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST AND THE NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COL— LIER COUNTY, FLORIDA, THE CENTERLINE OF SAID PARCEL BEING NORE PARTICULARLY DESCRIBED AS FOL— LOWS COMMENCING AT A CONCRETE MONUMENT AT THE EAST 1/4 CORNER OF SAID SECTION 27, THENCE N Off 27'02-W ALONG THE EAST LINE OF THE N E 1/4 OF SAID SECTION 27, 540 65 FEET; THENCE S 89'32' 58"W, 24 07 FEET TO THE POINT OF BEGINNING OF SAID PARCEL LYING 5 00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, THENCE N 44'32.513°E , 41 12 FEET, THENCE N OO'27'O2"W ALONG A LINE PARALLEL WITH AND 5 00 FEET EASTERLY OF THE EAST LINE OF THE N E 1/4 OF SAID SECTION 27, 744 51 FEET TO THE POINT OF TERMINATION CONTAINING 7,856 SQUARE FEET OR 0 18 ACRES MORE OR LESS ATC Site No:411199 VZW Site No: 118340 Site Name: N. Naples FL 16C7 EXHIBIT B FORM OF MEMORANDUM OF LEASE ATC Site No: 411199 VZW Site No: 118340 Site Name: N. Naples FL 16C7 PreparedReturn p by and etu n to: American Tower 10 Presidential Way Woburn, MA 01801 Attn: Land Management/Daniel Levine, Esq. ATC Site No:411199 ATC Site Name: N. Naples FL State of Florida Assessor's Parcel No(s): OND— O County of Collier MEMORANDUM OF LEASE daY This Memorandum of Lease (the "Memorandum") is entered into on the c - of , 201 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 August 26, 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. 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 August 25, 2042. Notwithstanding the foregoing, in no event shall Tenant be required to exercise any option to renew the term of the Lease. ATC Site No:411199 VZW Site No: 118340 Site Name: N. Naples FL 16C7 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:411199 VZW Site No: 118340 Site Name: N. Naples FL 1 6C7 IN WITNESS WHEREOF, Owner and Tenant have each executed this Memorandum as of the day and year set forth below. OWNER: ` DATED: ___,J +1,:Q. —1.-41 ; j--0 /Y BOARD O OU COMMI O' COLLI ' COW , '• ' ' ATTEST: Crystal K. Kinzel w ,,d Clerk By A Andy Solis, Esq., Chairman c: , Cttc._:- ''., .,,,&)(veLtIlv, Z.--__ - y: ,.ttest as to Chairman's , Deputy Clerk ;signature only. .; t Approved as tb form alegality: _Penni er A. Belpedio, Co, . \ torney ATC Site No:411199 VZW Site No: 118340 Site Name: N. Naples FL 0 c- 1 6 C 7 TENANT WITNESS 0 tel =l Verizon Wireless Personal Communications LP 5' / d/b/a Verizon Wireless d" By: ATC Sequoia LLC, Signature: a Delaware limited liability company Print Name: Title: Attorney-in-Fact Signature: Signature: CJEIU L _ Print Name: Print Name: Title: ,vice President•Legal Date: (( -r ( Z '- 0( r WITNESS AND ACKNOWLEDGEMENT Commonwealth of Massachusetts County of Middlesex On this ('ZZ'''day of 'j v-lr , 201 fr' , before me, n •Q 1 w.Le..i. Al";,, the undersigned Notary Public, person6lly appeared ,S,h,.t,,.-, (4-r);cr_f- , v:,-. PiS'icte-rt't -- Lt7 --( , who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) 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. .04..-------- ----, Notary Public Print Name: -Dor e_I W. Le vale-- My commission expires: 5: i3. 2Z [SEAL] 0001111 fffn,,,,' H 13F z , -° . ` � �N>mcn : Z S. : Nm®n �,l C. � 1 S E ���� S ATC Site No:411199 VZW Site No: 118340 Site Name: N. Naples FL C 16C7 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: Being situated in Collier County, State of Florida and being Parcel Number:00167840006 A P RCI t (I+ LAND, LOCA1TEt) 1FI SECTION 26 & 27. TOWNSHIP 4$ SOUII4 RANCE 25 LAST, COLLIER COUNTY FLORIDA, IEING MORE P*I#Tr4 utAILY DESCRIBED AS FOLLOWS 8ECl*1p4IF1t, id A CONCR(TC MONUMENT LEItATED AT THE EAST 114 CORM I' (i SNO SECTION 27. THENCE S OCT 291.4-E !.DAVE THE (PSI INR Or %MD SECTION 27, 1 320 44 NIT. THENCE 5 89 39'181 3 CiI FEET THENCE 5 00 211124-E _ 1.32C 411 FEET. THLNCI +v 89 35 Vw ALONG THE SOutH TINE OF SECTION 26, 12 00 III t tO II yE SOullHEASI CORNLR OF SAAB SECTIO 27. [HENCE NI BB 49 35"W , 772 8I FEEL THENCE N D4 53 r "W 3.0T1 90 ; at THENCE S 6826i5'E , 400 00 FEET, (HENCE 1404 53'O5`W rlflb R1 F Eft, THENCE 5 892815'( 677 31 FEET TO THE FAST LINN1 114 D SECTION 27, THEKE SA0027.Grt Ntt71VG t 4E ('ASI LINE .rI SAIL.? SECTION 27, 1 314 29 FLIT I(} TI( EAST (,/4 i ORt1I 1V '.4 ',Ali) SECTION 27 AND THE POINT Of BECINP4DIG 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). Au+C L 1 LAND 1 yaK , tom owls 'I? of KC MN7 f, 1G14NINV 41 r1#. 114/481t85 Mit GO1LLtR MINTY rt•; �. 8LIw0 I4ItaRE PARIICUt T oKSC11.tp At ral.mors outgrow A) A c. " It ughlM.Ni Ai h( IASI I/4 I R 1A10 SENIOR R V. 1i4i E M OEr 21 Orli' Al rw#C Irl LAS' i C+ Uri H t I/• tIE Sufi Wow' 51014 rut INIE 3 FSH 37 Sew 1r Ot rt(f tO nitow( Of n 1$006.. MINI% S Oq!l' t DOM ►Eta, MA= Sar 31 sr* 40 012 rtL1 1KIwCE r4rvvtr0fw 5000 rftt, 1IIEI ( 0418W 5V( •aft t FM to rNt POOH pr Af cseporc C�II*INING 7 OLIO FEET Ort LDS Ate# Mit 40. Ltt$ ATC Site No:411199 VZW Site No: 118340 Site Name: N. Naples FL 410) l6C7 EXHIBIT A(Continued) 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, including but not limited to: Utility Description: A PARCEL OF LAND 1000 FEET WIDE LYING IN THE NORTH 1/2 OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST AND THE NORTHWEST 1/4 OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COL— LIER COUNTY, FLORIDA, THE CENTERLINE OF SA10 PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOL— LOWS COMMENCING AT A CONCRETE MONUMENT AT THE EAST 1/4 CORNER OF SAID SECTION 27, THENCE N 00' 27'02.W ALONG THE EAST LINE OF THE N E 1/4 OF SAID SECTION 27, 540 65 FEET; THENCE S 89'32' 58"W, 24 07 FEET TO THE POINT OF BEGINNING OF SAID PARCEL LYING 5 00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, THENCE N 44'32'58°E , 41 12 FEET, THENCE N 00'27'07"w ALONG A LINE PARALLEL WITH AND 5 00 FEET EASTERLY OF THE EAST LINE OF THE N E 1/4 OF SAID SECTION 27, 744 51 FEET TO THE POINT OF TERMINATION CONTAINING 7,856 SQUARE FEET OR 0 18 ACRES MORE OR LESS ATC Site No:411199 VZW Site No: 118340 Site Name: N. Naples FL •