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MEMORANDUM — St. Francis Manor May 28, 2014 Page 2 category. A change in the City's zoning map would also be needed before any expansion plans would be approved. In the Eighth Amendment to the lease, the land directly under and around the tower was not added to the leased property. The City requires the entire Old Jail Site leased to SFM to be reclassified and rezoned, including the tower site and the area under the guy wires so as not to have a "hole" in the area to be rezoned. Lastly, SFM's future land use and zoning change will be more efficient if a single applicant is under control of the entire parcel to be changed. The Ninth Amendment and Modification of Ninety -Nine Year Lease is attached for the Board's consideration and approval. You will note that there is no provision for assignment of rent in the Ninth Amendment. The County will continue to enjoy the exclusive right to any income derived from the tower. The Ninth Amendment also contains a provision to have the tower site itself become part of the leased property after the expiration of the lease with Verizon. The current lease with Verizon expires in 2017, but the lease can be extended for one additional five-year term until its final termination in 2022. This tower is owned by the County and once served as the tower for the Sheriff and Emergency Services communications. Currently its only tenant is Verizon and some HAM radio equipment. This is one of the older towers in the County and due to its "backyard" location, it is nearing the end of its useful life. The final change in the Ninth Amendment allows for the construction of certain infrastructure improvements, such as parking or storm water retention, to satisfy the requirement of completion of construction of the improvements within five (5) years as detailed in the Eighth Amendment dated August 20, 2013. This change will allow SFM to construct the improvements in phases in accordance with their plans. A resolution is attached setting forth the authority for the Chairman to sign any additional documents related to the Comprehensive Plan Amendment or the zoning change and that the county shall not incur fees or costs as a result of the changes. Funding: There is no expenditure of County funds associated with this matter. The current tower lease with Verizon is $1,620 per month or $19,450 per year. This amount will continue to be deposited into the County's General Fund if the lease is amended. Recommendation: Staff recommends the Board of County Commissioners approve the Ninth Amendment and Modification to Ninety -Nine Year Lease with the accompanying resolution and authorize the Chairman to execute the two documents on behalf of the Board. c: Louis Schacht George Glenn 103