Agenda 07/28/2020 Item #16C2 (09/08/2020 Item #16F1G for 07/28/2020 Absentia)07/28/2020
EXECUTIVE SUMMARY
Recommendation to approve a Second Amendment to License Agreement with American Tower,
L.P., to reflect equipment modifications to the communications tower at the Big Corkscrew Island
Fire and Rescue Station on Immokalee Road.
OBJECTIVE: To approve a Second Amendment to License Agreement with American Tower, L.P., to
reflect equipment modifications to the communications tower at the Big Corkscrew Island Fire and
Rescue Station on Immokalee Road.
CONSIDERATIONS: Since 2003, the County has been leasing a location on the tower owned by
American Tower, L.P. (Landlord), located at North Collier Fire Station 10, 13240 Immokalee Road. The
equipment at this location is part of the County’s emergency radio system. The License term expires in
2023.
Improvements to the County’s emergency system requires modifications to the existing equipment
installed on the tower. With the additional tower capacity required for the County equipment, and based
on the size of that equipment, the monthly rent is being increased by $1,078.00 to $6,258.29. The
County’s Telecommunications Manager has reviewed the Exhibit and terms of the Amendment and to
ensure the correct equipment is included in this Amendment.
Other than the list of equipment to be installed on the tower, and the new rental amount, the Landlord has
included a provision for two (2) automatic five (5) year renewal terms, unless either party timely notifies
the other in writing of its intention not to renew. All other terms and conditions contained the original
License Agreement shall remain in full force.
Approval of the following documents by the County Manager is subject to formal ratification by the
Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the
document(s) shall be enforceable against Collier County only to the extent authorized by law in the
absence of such ratification by that Board.
FISCAL IMPACT: The annual rent of $75,099.48 shall be paid in equal monthly installments of
$6,258.29 and shall be withdrawn from Intergovernmental Radio Communication Program fund 188-
140480.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATION: This item is approved for form and legality and requires a majority vote.
- JAB
RECOMMENDATION: That the Board approves the Second Amendment to License Agreement with
American Tower, L.P., and authorizes the Chairman to execute the document.
Prepared by: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division
ATTACHMENT(S)
1. SBA Corkscrew Fire Station Tower Second Amendment 2020 (PDF)
2. SBA Corkscrew Fire Station Tower First Amendment 2004 (PDF)
3. SBA Corkscrew Fire Station Tower Corkscrew Original Lease 2003 (PDF)
4. Location Map (PDF)
16.C.2
Packet Pg. 277
07/28/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.2
Doc ID: 12892
Item Summary: Recommendation to approve a Second Amendment to License Agreement with
American Tower, L.P., to reflect equipment modifications to the communications tower at the Big
Corkscrew Island Fire and Rescue Station on Immokalee Road.
Meeting Date: 07/28/2020
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
07/10/2020 12:53 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
07/10/2020 12:53 PM
Approved By:
Review:
Information Technology John Daly Additional Reviewer Completed 07/10/2020 1:15 PM
Facilities Management Drew Cody Director - Facilities Skipped 07/10/2020 1:37 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 07/10/2020 1:42 PM
Facilities Management Toni Mott Additional Reviewer Completed 07/10/2020 3:21 PM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 07/16/2020 9:20 AM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 07/16/2020 10:19 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Skipped 07/20/2020 11:54 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 07/24/2020 10:47 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/24/2020 10:56 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/24/2020 11:39 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 07/24/2020 12:20 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/27/2020 11:23 AM
Board of County Commissioners MaryJo Brock Meeting Pending 07/28/2020 9:00 AM
16.C.2
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Licensor Sitc NameNumber: CORKSCREW FIRESTATION FL i 22910
Lice.nsor Contnct Numbcr: 52602
Liccnsee Site Nsme,Numbcr: p25 Cortscrew .i p25 Corkscrcw
SE COND AME NDMENT LICENS F:, AGREE ENT
This second Amendment (the "second Amendment") to that certain License
Agreement datcd March 27.2003 by and benveen American Tower, L.p. and collier
C-ounty-, Florida. as amended by that certain l'irsr Amendment to License Agrcement datedApril 28. 2004 (collecrively. the "Agrcement") is made and enrered inro is of the latrer
signature date hereof, by and between American Towcrs LLC, a Delaware limited liabiliry
company, as successor-in-inlerest to the Agreement (the "Liccnsor") and Collier count1,,
Florida (he "Licenscc") (collectively. the ..parties").
WHEREAS, Licensee desires to modifr its equipment at the Tower Site (-Modified
Equipment"); and
WHER.LAS. the Parties agree rhat as considcration for l.icensee.s Modified
Equipment, thc current Monthly Liccnse Fee payable under the Agreement shall be
increased as set lbrth hcrcin.
RECTTALS
WHF,REAS- Licensor owns a certain communications tower on a certain parcel of
land located at 13240Immokalee Road, Naples, FL 34120-146E more commonly known
to Licensor as the coRKSCREw FIRESTATION l'L r.wer site (rhe "Towcr Siti"y: and
WHEREAS, Liccnsor and Licensee entcred into the Agreemenl for the use of a
certain portion of the Tower Site; and
NOW THEREFORE, in consideration of the forcgoing promises and for other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledigcd.
the Parties hereto agrec as fbllows:
l) Licensor and Liccnsee agree and acknowledge that Licensee shall modift its
equipment for a linal installed configuration pursuant to Exhibit A (Sccond
Revision).
2) Licensor and Licensee agree and acknowledge thar Exhibit A Revised to the
Agreement is hereby deleted in its entirety as ofthe date this Second Amendment
is fully cxecuted and shall be replaced w,ith Exhibit A (Second Revision) attached
hereto and incorporated by this relbrence. In the event of inconsistency or
discrepancy between the Exhibit A (Second Revision) and l_icenscc,s equipment
inlbrmation set lbrth in the Agreemcnt. the Exhibit A (Second Revisionj shall
control.
3) Effective upon thc earlier to occur ol': i) commencement ol' installation of the
Modified Equipmcnt or ii) July 29.2020 ("Commencemcnr Date"). rhe Monthly
l,icense l'ee shall be increased by One'l'housand Seventy-Eight and 00/100 Dollars
($1,078.00) per month ("Increased Fee"). The lncreased Fee for any fractional
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16.C.2.a
Packet Pg. 279 Attachment: SBA Corkscrew Fire Station Tower Second Amendment 2020 (12892 : Second Amendment to License Agreement with American
l_icensor Site NameNumber; CORKSCREW FIRESTATTON FL / 229 tO
LicenseesireName^,,"l;Hl?1.i".1,-fliiHT:T;:f..;
month at the beginning or end ofthe pcriod shall be appropriately prorated.
4) Notwithstanding anything to the contrar). in the Agreement, the offer to l_icensee
expressed in this Second Amendment shall automatically become null and void
with no further obligation by either party hereto ifa srructural analysis ofthe Towcr
Site completed after thc execution of this Second Amendment by Licensor bul
before the Commenccment Date of the installation of Licensee.s Modified
Fiquipment indicates that the Tower Sire is nor suitable lbr Licensec,s Modified
Equipmcnt unless Licensor and Licensee mutually agrcc that structural
modifications or repairs shall be made to the Tower Site on mutually agreeablc
terms.
5) Immediately following the expiration of the current Term. there shall be tw.o (2)
additional periods offive (5) years each (cach a..Renewal Term,'). The
Agreement shall automatically reneu' for each successive Rencwal Term unless
cither Partv notifies thc other in writing of its intention not to renew this
Agreemenl at least one hundred eighty ( 180) days prior to the end ofthe then
existing term.
6) Licensor and Licensce agree and acknowledge that all future paymenrs of thc
Monthly License F'ee shall be madc to the Licensor at the follo*'ing rcmittance
address:
American Tower Corporation
29637 Network Place
Chicago, ll. 60673-1296
7) Capitalized tems contained herein, unless otherwise defined. are intended to have
the same meaning and effect as that sel forth in the Agreemcnt.
E) All other terms and provisions of the Agreement remain in lull force and cffect.
ISI(iNATURES APPEAR ON THE NEXT PAGE]
[REMAINDER OI' PAGE I.EFT BLANK INTENTIONALLY]
16.C.2.a
Packet Pg. 280 Attachment: SBA Corkscrew Fire Station Tower Second Amendment 2020 (12892 : Second Amendment to License Agreement with American
Licensor Site NamcNumbcr: CORKSCREW FIRESTATION FL i 22910
Liccnsor Contract Number: 52602
Licens€e Site Name,Number: P25 Corkscrew / p25 Corkscrew
IN WITNESS WHEREOF, the Parties hereto have set their hands ro this Sccond
Amendment to that certain License Agreement as of the day and year written below:
Signed. sealed and delivcrcd
in the presence of:
Witness
Witness
AS TO LICF]NSEE:
Agreed to and accepted by:
I,ICENSOR:
Amcrican Towers LLC, a Delaware
limited liabiliry company
Name:
l'itlc:
Datc
BOARD OF COUNTY COMMISSIONERS.
COI.I,IER COUNl'Y. FLORIDN
B1,
BUR,T L. SALAIDITRS. CHAIRMAN
Approvcd .t\ to torm anrl lcgalitY
Alritlont County Alhrro(
By
ATTEST:
Crystal K. Kinzel, Clerk
B)'
. Deputv Clerk
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16.C.2.a
Packet Pg. 281 Attachment: SBA Corkscrew Fire Station Tower Second Amendment 2020 (12892 : Second Amendment to License Agreement with American
Licensor Site NamcNumber: CORKSCREW FIRESTATTON FL r 229t0
Licensor Contract Number: 52602
[,ic€nsee Sile Name/Number; P25 Corkscrew / P25 Corkscre*,
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16.C.2.a
Packet Pg. 282 Attachment: SBA Corkscrew Fire Station Tower Second Amendment 2020 (12892 : Second Amendment to License Agreement with American
16.C.2.b
Packet Pg. 283 Attachment: SBA Corkscrew Fire Station Tower First Amendment 2004 (12892 : Second Amendment to License Agreement with American
16.C.2.b
Packet Pg. 284 Attachment: SBA Corkscrew Fire Station Tower First Amendment 2004 (12892 : Second Amendment to License Agreement with American
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Packet Pg. 285 Attachment: SBA Corkscrew Fire Station Tower First Amendment 2004 (12892 : Second Amendment to License Agreement with American
16.C.2.c
Packet Pg. 286 Attachment: SBA Corkscrew Fire Station Tower Corkscrew Original Lease 2003 (12892 : Second Amendment to License Agreement with
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Packet Pg. 287 Attachment: SBA Corkscrew Fire Station Tower Corkscrew Original Lease 2003 (12892 : Second Amendment to License Agreement with
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Packet Pg. 288 Attachment: SBA Corkscrew Fire Station Tower Corkscrew Original Lease 2003 (12892 : Second Amendment to License Agreement with
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Packet Pg. 289 Attachment: SBA Corkscrew Fire Station Tower Corkscrew Original Lease 2003 (12892 : Second Amendment to License Agreement with
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Packet Pg. 290 Attachment: SBA Corkscrew Fire Station Tower Corkscrew Original Lease 2003 (12892 : Second Amendment to License Agreement with
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Packet Pg. 291 Attachment: SBA Corkscrew Fire Station Tower Corkscrew Original Lease 2003 (12892 : Second Amendment to License Agreement with
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Packet Pg. 292 Attachment: SBA Corkscrew Fire Station Tower Corkscrew Original Lease 2003 (12892 : Second Amendment to License Agreement with
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Packet Pg. 293 Attachment: SBA Corkscrew Fire Station Tower Corkscrew Original Lease 2003 (12892 : Second Amendment to License Agreement with
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Packet Pg. 294 Attachment: SBA Corkscrew Fire Station Tower Corkscrew Original Lease 2003 (12892 : Second Amendment to License Agreement with
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Packet Pg. 295 Attachment: SBA Corkscrew Fire Station Tower Corkscrew Original Lease 2003 (12892 : Second Amendment to License Agreement with
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Packet Pg. 296 Attachment: SBA Corkscrew Fire Station Tower Corkscrew Original Lease 2003 (12892 : Second Amendment to License Agreement with
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Packet Pg. 297 Attachment: SBA Corkscrew Fire Station Tower Corkscrew Original Lease 2003 (12892 : Second Amendment to License Agreement with
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Packet Pg. 298 Attachment: SBA Corkscrew Fire Station Tower Corkscrew Original Lease 2003 (12892 : Second Amendment to License Agreement with
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Packet Pg. 299 Attachment: SBA Corkscrew Fire Station Tower Corkscrew Original Lease 2003 (12892 : Second Amendment to License Agreement with
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Packet Pg. 300 Attachment: SBA Corkscrew Fire Station Tower Corkscrew Original Lease 2003 (12892 : Second Amendment to License Agreement with
Location Map
Big Corkscrew Island Fire Station
16.C.2.d
Packet Pg. 301 Attachment: Location Map (12892 : Second Amendment to License Agreement with American Tower, L.P., to reflect equipment modifications)