Agenda 06/22/2021 Item #16C9 (Lease Agreement Amendment #3 w/Sprint Spectrum, L.P.)06/22/2021
EXECUTIVE SUMMARY
Recommendation to approve a Third Amendment to Lease Agreement with Sprint Spectrum, L.P.,
for space for communications equipment located on the rooftop of Building L.
OBJECTIVE: To approve a Third Amendment to Lease Agreement with Sprint Spectrum, L.P., to
modify several items in the current lease.
CONSIDERATIONS: The County has leased space to Sprint Spectrum, L.P. (Sprint), on the rooftop of
3301 Tamiami Trail East, Building L, Naples, Florida 34112, since 2004 for communications equipment.
Sprint has requested several revisions to the existing lease in order to include the same provisions in all
their leases, and to modify those specific items pertaining to this Lease, to include:
• rticle 2: Section Extending the lease term for five (5) additional terms of five-years each after the
2024 expiration date. Allows Sprint to elect not to renew by providing County with at least thirty
(30) days' notice prior to the expiration of the then current term or Renewal Term.
• rticle 3: Adjusting to the annual rent to remove space that was leased earlier for the installation of a
generator, decreasing monthly rent by Two Hundred Dollars ($200.00). This option is allowed by the
First Amendment to the Lease.
• New Provision: Lessee’s future modifications to the Demised Premises, in accordance with Article 5
of the Lease Agreement, shall be installed without additional rent.
• New Provision: Allowing for early termination by Sprint by providing ninety days’ notice to County
and refunding any prepaid rent
• Providing Sprint with a temporary location during the County’s equipment modifications, should
there be any modifications.
• Article 13: Updating both parties’ addresses
• Providing each party to reasonable cooperate with each party’s requests for permit applications
without the request of payment or consideration
• New Provision: Executing a Memorandum of Agreement if requested by Sprint
• New Provision: Invoicing Sprint with any payables within a twelve-month period from the date the
charges were incurred or otherwise, the County will waive and release those charges
All other terms and conditions contained in the Lease Agreement and the subsequent Amendments shall
remain unchanged.
FISCAL IMPACT: Beginning December 6, 2024, there will be a decrease in monthly rent of Two
Hundred Dollars ($200) due to the removal of the ground space that was leased for a generator which
reduces revenue to Fund 188, Cost Center 140480-362110.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATION: This item has been reviewed for form and legality and requires a
majority vote for Board action. - JAB
RECOMMENDATION: That the Board approves the Third Amendment to Lease Agreement with
Sprint Spectrum, L.P., and authorizes the Chair to execute the document.
Prepared by: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division
16.C.9
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06/22/2021
ATTACHMENT(S)
1. Sprint Third Amendment 2021 (PDF)
2. Sprint Second Amendment (PDF)
3. Sprint Building L First Amendment (PDF)
4. Sprint - Nextel Government Center Rooftop Lease (PDF)
16.C.9
Packet Pg. 1648
06/22/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.9
Doc ID: 15920
Item Summary: Recommendation to approve a Third Amendment to Lease Agreement with
Sprint Spectrum, L.P., for space for communications equipment located on the rooftop of Building L.
Meeting Date: 06/22/2021
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
05/14/2021 4:04 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
05/14/2021 4:04 PM
Approved By:
Review:
Information Technology John Daly Additional Reviewer Completed 05/14/2021 4:17 PM
Facilities Management Damon Grant Director - Facilities Completed 05/17/2021 4:59 PM
Facilities Management Toni Mott Additional Reviewer Completed 05/18/2021 8:24 AM
Public Utilities Operations Support Jennifer Morse Additional Reviewer Completed 05/18/2021 8:33 AM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 05/18/2021 3:09 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 05/19/2021 10:05 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 05/19/2021 2:14 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/07/2021 11:51 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/07/2021 12:03 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/07/2021 4:37 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/13/2021 7:10 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/16/2021 4:32 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/22/2021 9:00 AM
16.C.9
Packet Pg. 1649
THIRD AMENDMENTTO LEASE AGREEMENT
This Third Amendment to Lease Agreement (the "AO9!C11Sn,!") is effective as of
2021 (the "EtrCdjye_9ele" ) and is by and between Collier County, a political
subdivision of the State of Florida ("Lessor") and Sprint Spectrum, 1.P., a Delaware limited
partnership ("[essee") (each a "!a4y", or collectively, the "ElUg!" ).
Lessor and Lessee (or their predecessors-in-interest) entered into that certain Lease
Agreement dated July 27,2OO4, including that certain "First Amendment To Lease Agreement"
dated September 72,2O06; and including that certain "second Amendment To Lease Agreement"
dated July 8, 2014 (including all amendments, collectively, the "Lease") regarding the leased
premises ("Premises") located at 3315 Tamiami Trail, Building "1", Naples, FL 34112 (the
"Property").
For good and valuable consideration, Lessor and Lessee agree to Amend the Lease
Agreement as follows:
1. Article 2,Term of Lease is amended to add the following:
At the expiration of the current term, the Term of the Lease will automatically be
extended for five (5) additional and successive five (5) year terms (each a "Renewal
Term"), provided, that Lessee may elect not to renew by providing Lessor at least thirty
(30) days' notice prior to the expiration ofthe then current term or RenewalTerm.
At the commencement of the first Renewal Term, starting on December 6, 2024, Lessee
shall pay Lessor annual rent in the amount of Fifty-Four Thousand and 00/100 Dollars
(554,000.00) per year (the "Rent"). Where duplicate Rent would occur, a credit shall be
taken by Lessee for any prepayment of Rent by Lessee. Rent shall be adjusted on the first
day of the second Renewal Term, and each subsequent Renewal Term, by an amount
equal to ten percent (10%) over the Rent for the immediately preceding Renewal Term.
This new Rent and Rent adjustment shall supersede and replace any prior rent and rent
adjustments.
Lessor consents that modifications to the demised premises by Lessee, in accordance with
Article 5 of the Lease agreement, and shall be completed with no additional
consideration.
Lessee may terminate the Lease without further liability and with ninety (90) days, notice,
for any or no reason during any Renewal Term. Any prepaid Rent for any time period after
the termination date shall be refunded to Lessee within ninety (90) days of termination.
3
4
L
Sprint Site lD: M|SSXCOO5
Sprint Lease lD: M|03XC08&A @1 2/9/2021
2. Article 3, Annual Rent and One Time Contribution. is amended to add the following:
16.C.9.a
Packet Pg. 1650 Attachment: Sprint Third Amendment 2021 (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
5 Lessor shall be responsible for maintaining all portions of the Property in good order and
condition, including without limitation, plumbing, elevators, the roof and support
structure, landscaping, and common areas, as applicable.
Should temporary relocation of the Antenna Facilities be required for Lessor repairs to a
building or the Premises, then: (i) Lessor may require Lessee to temporarily relocate
Lessee's Antenna Facilities once per each Renewal Term of the Lease ("Temporary
Relo ion"); (ii) Lessor shall provide Lessee at least six (6) months'written notice of any
repairs, maintenance or other work (the "W91!") which would require said temporary
relocation; (iii) the Work will not limit or interfere with Lessee's Permitted Uses; and (iv)
Lessor will reimburse Lessee for all expenses incurred by Lessee required to
accommodate the Work. Lessee may elect to install a temporary communications facility
(e.g. a "cell on wheels," or "COW") in another mutually agreeable location on the Property
that provides Lessee coverage and service levels similar to those ofthe Antenna Facilities
at the original location, while the Work is being performed. Lessee shall have the right to
reinstall its Antenna Facilities immediately upon the completion of the Work.
7. Article 13, Notices, is replaced with the following:
All notices, requests, demands and other communications shall be in writing and shall be
deemed to have been delivered upon receipt or refusal to accept delivery, and are
effective only when deposited into the U.S. certified mail, return receipt requested, or
when sent via a nationally recognized courier to the addresses set forth below. Lessor or
Lessee may from time to time designate any other address for this purpose by providing
written notice to the other Party.
lf to Lessee: lf to Lessor
6
Sprint Property Services
Sprint Site lD: Ml85XC005
Mailstop KSOPHD0101-22650
5220Sprint Parkway
Overland Park, Kansas 66251-2650
With a copy to:
Sprint Law Department
Sprint Site lD: Ml85XC005
Attn.: Real Estate Attorney
Mailstop KSOPHD0101-22020
6220 Sprint Parkway
Overland Park, Kansas 66251-2020
Collier County, Board of County
Commissioners
c/o: Real Property Mgmt. Dept.
3335 Tamiami Trail, Suite 101
Naples, FL 34112
2
Sprint Site lD: Mt85XC005
Sprint tease tD: M|03XC08&A-OO1 2/9/2021
16.C.9.a
Packet Pg. 1651 Attachment: Sprint Third Amendment 2021 (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
o
9
Lessee and Lessor will reasonably cooperate with each other's requests to approve permit
applications and other documents related to the Property without additional payment or
consideration.
Lessor will execute a Memorandum of Agreement at Lessee's request. lf the Property is
encumbered by a deed, mortgage or other security interest, Lessor will also execute a
subordination, non-disturbance and attornment agreement.
Any charges payable under the Lease other than Rent shall be billed by Lessor to Lessee
within twelve (12) months from the date in which the charges were incurred or due;
otherwise the same shall be deemed time-barred and be forever waived and released by
Lessor.
Except as expressly set forth in this Amendment, the Lease otherwise is unmodified. To
the extent any provision contained in this Amendment conflicts with the terms of the
Lease, the terms and provisions of this Amendment shall control. Each reference in the
Lease to itself shall be deemed also to refer to this Amendment.
This Amendment may be executed in duplicate counterparts, each of which will be
deemed an original. Signed electronic, scanned, or facsimile copies of this Amendment
will legally bind the Parties to the same extent as originals.
Each of the Parties represents and warrants that it has the right, power, legal capacity
and authority to enter into and perform its respective obligations under this
Amendment. Lessor represents and warrants to Lessee that the consent or approval of
a third party has either been obtained or is not required with respect to the execution of
this Amendment.
11.
t2.
13.
3
Sprint Site lD: Ml85XC005
Sprint Lease l0r M|03XC088-A 0O1
2/912021
10.
16.C.9.a
Packet Pg. 1652 Attachment: Sprint Third Amendment 2021 (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
LESSEE:
Sprint Spectrum, 1.P., a Delaware limited
partnership
By
Print Name:
Title:
Date:
T-Mobile Contract Attorney, as to form
AS TO LESSOR:
ATTEST:
CRYSAT K. KlNZEI. Clerk
BY:
, Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio
Assistant county Attorney
This Amendment will be binding on and inure to the benefit of the Parties herein, their
heirs, executors, administrators, successors-in-interest and assigns.
lN WITNESS, the Parties execute this Amendment as of the Effective Date
BOARD OF COUNW COMMTSSTONERt
COLLIER COUNW, FLORIDA
BY:
Penny Taylor, Chairman
Sprint Site lD: Ml85XC005
Sprint Leas€ lD: Mi03XC08&A,@1
4
4
.'f
2/912021
14.
16.C.9.a
Packet Pg. 1653 Attachment: Sprint Third Amendment 2021 (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
SECOND AMENDMENT TO LEASE AGREEMENT
_ This Second Amendment to Lease Agreement ('Amendmenf) is made and entered into
thisf,l day of J-,- tJ 2014, by and Setween Sprint Spectrum L.P., a Delaware limited
partnership, successor ir)/ interest to Nextel South Corp, a Georgia corporation ("Less€e') and
Collier County, a political subdivision of the State of Florida ("Lessor").
WHEREAS, on July 27, 2004, Lessor and Lessee (or its predecessor-in-interest)
entered into that certain Lease Agreement (the 'Lease Agreement'), as amended by that cortain
First Amendment to Site Agreement dated September 6, 2006 (the "First Amendmenf), which
was subsequently terminated (the Leas6 Agreement and the First Amendment are sometimes
referred to collec{ively herein as the 'Agreement'), wherein Lessor leases to Lessee certain land
and interior ground space and certain spaoe on the roofiop owned by Lessor, together with
access and utility easements, all of which are more particularly described in the Agreement and
which are located at 3315 Tamiami Trail, Building'L', Naples, FL;) and
WHEREAS, the parties desire to relocate the antenna positions on the Building as
rebrenced an the Agreement.
NOW THEREFORE, in consideration of the mutual promises between the parties and for
other good and valuable consideration the receipt and sufiiciency of which is acknowledgod,
Lessor and Lessee agre€ as follows:
1. Eglqllgn ift$.nnas Exhibit B of the Lease Agreement and Exhibit B-1 of the First
Amendment are hereby deleted and replaced with Exhibit B-2 attached hereto.
(a) All capitalized terms used in this Amendment, unless otherwise defined herein,
will have the same meaning as the terms contained in the Agreement.
(b) ln case of any inconsistencies between the terms and conditions contained in the
Agreement and the terms and conditions contained in this Amendment, the terms and
conditions herein will control. Except as set forth herein, all provisions of the Agreement
are ratified and shall remain unchanged and in full force and effect.
(c) This Amendment may be executed in duplicate counterparts, each of which will
be deemed an original.
(d) Each of the parties represent and wanant that they have th€ right, power, legal
capacity and authority to enter into and perform their resp€clive obligations under this
Amendment.
sprint site Name: Ml85xC005 /Ft1797
16.C.9.b
Packet Pg. 1654 Attachment: Sprint Second Amendment (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
Sprint Site Name: M185XC0O5 /Ft1797
lN wrNEss WHEREoF, the parties hereto bind themselves to this second Amendment as of
the date set forth above.
WTNESSES:LESSEE
Sprint Spectrum 1.P., a Delaware limited
p*By:-4 nl
\ fitness Signature
-T)-P .NI Name:LrwttnccM.Crlhndcr
Wtness Name (PrinuType)
Arte Mrnager-Site Dev.
Date:
Witness
L <e
W'rtness Name (PrinuType)
Date:t:. /
Attest€d: - I a €-
LESSOR
to the Board [.-
atoClrain*l
urr.:t-gett-Ll
signatuB
Approved
Jefftey A
Tom Henn n
unty Attorney
partnership
BOARD OF COUNTY COM]'ISSIONERS
COLLIER COUNTY, FLORIOA
-;"'
l<YYt'
and legality for ticcnscc
16.C.9.b
Packet Pg. 1655 Attachment: Sprint Second Amendment (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
Sprint Site Name: Ml85XC005 /F11797
EXHIBIT B-2
Se€ Attechod 3 Pags!
Equlpment Llst
Up to 12 antennas
Required cabling
2 GPS antennas
1 - test mobile antenna
MW if applicable
Emergency generator if applicable
Antennas and cables shall be painted to match the building.
16.C.9.b
Packet Pg. 1656 Attachment: Sprint Second Amendment (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
Sprint Site Name: M|85XC005 ltLL797
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16.C.9.b
Packet Pg. 1657 Attachment: Sprint Second Amendment (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
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16.C.9.b
Packet Pg. 1658 Attachment: Sprint Second Amendment (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
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16.C.9.b
Packet Pg. 1659 Attachment: Sprint Second Amendment (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
16.C.9.c
Packet Pg. 1660 Attachment: Sprint Building L First Amendment (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
16.C.9.c
Packet Pg. 1661 Attachment: Sprint Building L First Amendment (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
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Packet Pg. 1662 Attachment: Sprint Building L First Amendment (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
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Packet Pg. 1663 Attachment: Sprint Building L First Amendment (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
16.C.9.c
Packet Pg. 1664 Attachment: Sprint Building L First Amendment (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
16.C.9.d
Packet Pg. 1665 Attachment: Sprint - Nextel Government Center Rooftop Lease (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
16.C.9.d
Packet Pg. 1666 Attachment: Sprint - Nextel Government Center Rooftop Lease (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
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Packet Pg. 1667 Attachment: Sprint - Nextel Government Center Rooftop Lease (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
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Packet Pg. 1668 Attachment: Sprint - Nextel Government Center Rooftop Lease (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
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Packet Pg. 1669 Attachment: Sprint - Nextel Government Center Rooftop Lease (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
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Packet Pg. 1670 Attachment: Sprint - Nextel Government Center Rooftop Lease (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
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Packet Pg. 1671 Attachment: Sprint - Nextel Government Center Rooftop Lease (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
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Packet Pg. 1672 Attachment: Sprint - Nextel Government Center Rooftop Lease (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
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Packet Pg. 1673 Attachment: Sprint - Nextel Government Center Rooftop Lease (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
16.C.9.d
Packet Pg. 1674 Attachment: Sprint - Nextel Government Center Rooftop Lease (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
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Packet Pg. 1675 Attachment: Sprint - Nextel Government Center Rooftop Lease (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
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Packet Pg. 1676 Attachment: Sprint - Nextel Government Center Rooftop Lease (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)
16.C.9.d
Packet Pg. 1677 Attachment: Sprint - Nextel Government Center Rooftop Lease (15920 : Third Amendment to Lease Agreement with Sprint Spectrum, L.P.)