HomeMy WebLinkAboutapproved leaseST.ATE OF FLORI
DEPARTMENT OF 'FRANSPORFATION
LEASE AND OPERATING AGREEMENT
FOR COMMERCIAL WIRELESS TELECOMMUNICATIONS
ITIIS AGREEMENT (hereinafter "AG •Eu IENT"),made and entered into this 25'h day
of March,1999 (the -Effective Date"),by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION,an agency of the State of Florida,LESSOR,
(hereinafter the "DOT")and Lodestar Towers,Inc.,duly authorized and existing under the laws
of the State of Florida,and authorized to do business in the State of Florida (hereinafter the
"LESSEE").
WITNESSET}I:
WHEREAS,the DOT has statutory authority under section 337.251,Florida Statutes,to
lease DOT property including rights-of-way to private users using a competitive process;and
WIIEREAS,pursuant to its statutory authority and in furtherance of the national policy
to facilitate the siting of wireless communications facilities embodied in the Telecommunications
Act of 1996 approved by Congress,the DOT issued a Request for Proposals (RFP)on May 20,
1998 to previous qualified firms to lease certain DOT properties to make them available to the
wireless industry;and
WHEREAS,the proposal submitted by Lodestar Towers,Inc was determined to be the
most advantageous to the DOT.
NOW THEREFORE,in consideration of the mutual covenants and promises set forth
herein and for other good and valuable consideration,the receipt and sufficiency of which is
hereby acknowledged,the parties agree as follows:
I.Definitions
As used herein,the following Icons shall have the meaning indicated unless the context
expressly requires a different meaning:
:11,1
"('tear /one shall mean the lateral area adjacent to roadway travel lanes
which must be unobstructed hv fixed objects except for longitudinal harriers and crash
cushions installed by DOT.
2."Excess Property".for purposes of this AGREEMENT,shall mean real
property owned by POT.located outside the current operating right --of -way limits which is not
needed to support current Transportation Facilities,but may be leased.
3."Sublessees/Licensees"shall mean the wireless providers of mobile
services and other telecommunications companies using wireless technology that have entered
into subleases or licenses with the LESSEE to place their Communications Equipment at a
Telecommunications Facility,DOT Structure or to construct a Telecommunications Facility.
4."('ommunications Equipment"shall mean radio equipment using wireless
technology,cabinets or shelters,associated antennas,mounting equipment,telephone,electric
and radio cables and other transmission lines,and other equipment (e.g.,heating units,
generators,power panels)used to provide wireless communications.
S."Demised Premises"shall mean any real property located within the
DOT limited access rights-of-way,Excess Property,other property owned by the Trustees of
the Internal Improvement Trust Fund and leased to DOT.available space on DOT
Telecommunications Facilities and other DOT Structures or a combination thereof leased to the
LESSEE by the DOT.
6."DOT Property",for purposes of the Agreement shall mean DOT
limited access rights-of-way,Excess Property,other property owned by the Trustees of the
Internal Improvement Trust Fund and leased by DOT and listed on Exhibit J,available space
on DOT Telecommunications Facilities,and available space on DOT Structures.
7."Effective Date"shall mean the date on which this AG EMENT has
been fully executed and delivered by both parties and shall he filled in above by the party last
executing this AGREEMENT.
8."Engineering Drawings"shall mean the drawings,including,but not
limited to,site plan depicting the location of the vertical support structure and other facilities,
point(s)of access and utility locations prepared by the LESSEE or Sublessee/Licensee for
construction of a Telecommunications Facility,or by the LESSEE for installation of
Communications Equipment at a DOT Teleconimunications Facility or DOT structure,
submitted by LESSEE to and approved by I )O'F.
Poi ce Nla cure shall mean an event caused by an industry-wide strike,
an industry-wide shot rage Of materials or component equipment:natural disaster:act of God:
act 01 military authority and or civil disorder:provided that such causes are beyond the
c.t'.t.(■per:,1;m,Aclecmcy,1
reasonable control and without the willful act,fault.ure or riLTligence of the party whose
performance is affected by the Force Nlajeure event;and,provided,further.that the party
whose performance is affected by the qce Majeure event continues to make reasonable
efforts to perform.
10."Hazardous Materials"shall mean petroleum,or any fraction thereof,
asbestos,polychlorinated biphenvls,or any other substance identified either as a "hazardous
substance",hazardous waste","pollutant","contaminant"or similar term in any applicable
federal,state or local law or regulation,as such law or regulations may be now or hereafter
amended.
11 "ITS"is an acronym for intelligent transportation systems and shall mean
advanced sensor,surveillance,computer,electronics,and communications technologies and
management strategies,in an integrated manner,providing traveler information to increase the
safety and efficiency of the surface transportation system.
12."Minimal Landscaping Requirements"shall mean landscaping required
by DOT which includes a fenced Telecommunications Site with gravel interior and planting
around the exterior perimeter of shrubbery consistent with standard DOT landscaping
requirements for similar facilities.
13."Qualified Professionals"shall mean those professionals providing
services hereunder licensed in the appropriate categories by the State of Florida,Department of
Business and Professional Regulation.
14."DOT Structures"shall mean DOT-owned facilities or facilities leased
by the DOT from the Trustees of the Internal Improvement Trust Fund other than vertical
support structures that may he suitable for the placement of Communications Equipment.
15."Technical Specifications"shall mean those specifications set out in
Exhibit B attached hereto and made a part hereof.
16."Telecommunications Company"shall have the same meaning as the
term does in section 364.02,Florida Statutes.
17."The Telecommunications Act of 1996 (TCA)"shall mean Pub.L.104-
104,110 STAT.56,47 i ',SA'151 et.seq.as amended.
clCcomnliinicIal IS Faeilitv(ies)"shall mean all vertical support
structures,to he CoillItt.UR'cl or existing,including but not limited to monopole towers,
freestanding lattice towers,or ouyed towers designed and utilized exclusively as a structure to
support Communications rquipment,and gates,fences,guardrails,landscaping,or facilities
other than Communications Fquipment but excludune teal property.
Jfid
-Telecommunications Site(s)'shall mean DOT Property suitable for
construction of new Telecommunications Facilities and/or for the installation of
Communications Fcluipment on DOT Telecommunications Facilities and DOT Structures.
20."Transpot tali(n Facility-shall mean roads and railroads used for the
transportation of people and property from place to place and all buildings and facilities used in
connection with the operation thereof.The terms "roads","buildings",and "facilities"used
in the definition of "transportation facility"are defined below."Roads"shall mean a way
open to travel by the public,including,but not limited to,a street,highway,or alley and also
includes associated sidewalks,the roadbed,the rights-of way,and all culverts,drains,sluices,
ditches,water storage areas,waterways,embankments,slopes,retaining walls,bridges,
tunnels,and viaducts."Buildings"and "facilities"include any structure used to support
operations of the roads and railroads including,but not limited to,toll facilities,administration
buildings,maintenance or construction yards,rest areas,service plazas,and weigh stations.
21."Vertical Support Structures"shall mean monopole towers,freestanding
lattice towers or guyed towers.
22."Wireless provider of mobile services"shall have the same meaning as
this term does in 47 U.S.C.s.153(27)or s.332(0).
23."Wireless Technology"shall mean the method by which "wireless
providers of mobile services"and "Telecommunications Companies"transmit voice/data
signals either unidirectionally or hidirectionally between a mobile unit and the Communications
Equipment installed on a Telecommunications Facility or DOT structure.
24."Work"shall mean all labor,materials and incidentals required for the
planning,procurement,construction,installation and testing of new Telecommunications
Facilities and Communications Equipment placed on DOT Telecommunications Facilities and
DOT structures,including superintendence,use of equipment and tools,and all services and
responsibilities prescribed or implied which are necessary for the complete performance by the
LESSEE of its construction and relocation obligations under this AGREEMENT at the
LESSEE's sole expense unless otherwise specified herein.
II.Agreement
'Fins MiRITNIEN.1 ,tooether with all Exhibits and approved LESSEE submittals,sets
forth the (elms and conditions apkin which the 1)0 I'ac:rees to lease to LESSEE certain DOT
Property.The I fSSI-T:shall comply with and shall cause its employees,contractors,
subcontractors,aoents and its Sublessees/Licensees to comply with all terIllS and conditions set
forth herein.
I Bate ,:nd t >rtralinF AFfccriwnt
Demise,Description.I-se of
A.The Demised ['rendscs.Except for any pre-existing leases and permits for use
of DOT Property and the proposed lease of DOT Property for the installation of a fiber optic
network,the DOT hereby grants to the LESSEE the exclusive right to lease DOT Property for
the uses described in Section below for a period of fifteen (15)years beginning on the
Effective Date.During the remainder of the thirty-year term the LESSEE's right to lease DOT
Property will be nonexclusive.The Demised Premises are those specific sites identified by the
LESSEE approved by the DOT.The as-built boundary surveys and legal description of the
Demised Premises shall he provided to the DOT in accordance with Section Vl.G.3.The
LESSEE acknowledges that it is leasing the Demised Premises in an "as is'condition without
warranty of title.Use by the LESSEE of any DOT real property located on rights-of-way
other than limited access rights of-way shall be by permit issued in conformance with the
DOT's Utility Accommodation Manual and is not subject to the terms of this AGREEMENT.
In the event the Utility Accommodation Manual is amended to provide for leasing of real
property on rights-of-way other than limited access rights-of-way,the LESSEE shall lease such
property,on a nonexclusive basis,in accordance with the terms set forth in this
AGREEMENT.
B.Process for Inclusion of Sites as art of the Demised Premises.The LESSEE will
identify potential sites that meet the criteria set forth in Exhibit A that it wishes to lease and
after a preliminary examination of the site,shall submit a request to lease ("Request to Lease")
in accordance with the procedures set forth below.
1.Procedure for_Leasin all DOT Pro erty_except for DOT
Telecommunications Facilities.Each DOT District Office will provide for a District Wireless
Siting Committee ("DWSC").Each DWSC will review and approve requests to lease DOT
Property.The address,telephone number for each district,and description of the geographic
area each district covers is set out in Exhibit B.The LESSEE will forward a Request to Lease
to the DOT DWSC that has jurisdiction over the site for its conditional approval.Prior to
submitting a Request to Lease,the LESSEE will examine the site to dete ine its suitability
for its purposes.The District Permits Office with jurisdiction over the site will issue permitsallowingsitesurveys,soil borings and other site examination activities.The Request to Lease
will include the following items:I)a dimensioned sketch of the proposed lease area and its
location using the Dot's milepost system to the precision of one meter.The sketch will serve
as a preliminary site plan and shall include location of vertical support structure,equipmentandaccess,21 a description of the LESSNE's potential use of the site,and 3)the number of
Sublesseesil,ieensees interested in the site.IJpon receipt of conditional approval,the LESSEE
shall submit to the DWSC the intotmation requested on Exhibit C."Required Submittals"to
obtain final site approval.i he I AVM may require the issuance of site specific special permitsforconstructionandmaintenanceow..crniiw l F.SSEF's access to a Telecommunications Site,
the LESSEE's conduct while (11 the Transportation l'acilitv and other safety related matters.
r.t.,,e dnd
iscd Premises,Titus
Procedure kir f e,ising__Availahlc__Space on a 'elecommunications
1:,cilify.The .1)(If-Traffic Lnoineer Mg Office (Traffic higincer mg)will coordinate the
review and approval of Requests to Lease available space on NYC Telecommunications
Facilities.Prior to subinittin,a Request to Lease.Traffic Fnginecring will allow LESSEE
access to the site so that LESSEE may determine its suitability for LESSEE's purposes.The
Request to lease will include 1)the location and 2)a description of the LESSEE's potential
use of the site Upon receipt of conditional approval by Traffic Engineering,the LESSEE
shall submit to Traffic Engineering the information requested in Exhibit C,"Required
Submittals,in order to obtain final site approval.
:ind
3.Site A royal.1 he DOT may deny approval of a site.DOT's decision
to deny approval of a site can he for any reason the DOT determines in its sole discretion.
C.Use of the Demised Premises.The use of the Demised Premises is limited to the
construction,operation and maintenance of new Telecommunications Facilities and the
installation,operation and maintenance of approved Communications Equipment on DOT
'Telecommunications Facilities and 1)0T Structures by the LESSEE and its
Sublessees/Licensees to be used by Telecommunications Companies and wireless providers of
mobile services.
D.Physical Access for 0 eration and Maintenance and Limitations on Ilse.DOT
will review and approve access as part of its approval of the Engineering Drawings for the
Telecommunications Site.Only authorized employees,subcontractors and agents of the
LESSEE and of its Sublessees/Licensees shall have access to the Telecommunications Sites.
Access to the sites will he limited to the access approved as part of the Engineering Drawings.If
access is obtained through the use of an easement granted to the LESSEE by a private property
owner over private property,such casement must meet the following conditions:1)it must be
transferrable to DOT,2)the duration of the easement,if not perpetual,must he for a period equal
to the period of time that the Telecommunications Facility served by the easement is used as a
Telecommunications Facility,3)it must he non-exclusive to the extent that DOT,the LESSEE,
its Sublessees/Licensees and any authorized employees,contractors,subcontractors or agents,or
any successor of same can use such easement and 4)it must be accessible twenty-four (24)hours
a day,seven (7)days a week.If access is gained from DOT rights-of-way,access for routine
maintenance and emergency repairs shall he twenty-four (24)hours a day,seven (7)days a week,
subject to any specific special permit requirements issued by the DWSC.
E.lllilities.The LESSEE shall he responsible for the acquisition and payment of
utility services required because of its own needs or that of its Sublessees/Licensees at new
Telecommunications Facilities including.but not limited to.power and telephone services.
The 1 )0-prefers one main distribution line for power and telephone rather than multiple,
separate power and telephone lines for e;idl USer hose utilities providing services to the
LFSS14.shall apply to the DOT for a utility permit to install facilities on DOT rights of way.No longitudinal installation of utilities will he ;11low id within the limited access rights of-way,
except Nv thin the Demised Premises.No property rights shall vest in the utility as a result of
the issuance of a utility permit.lite T.SSLL may also be requited to acquire additional power
and telephone set vices at existing Telecommunications Facilities or noT Structures or to
NFIMIPc for additional ►eterin<,so that ITISSLI,billed separately for its service.
F.liens.No mortgages,other liens or encumbrances of any nature or kind shall
attach to the Demised Premises as a result of the financing,construction or use of the Demised
Premises by the LESSEE.
G.Recording.This AGREEMENT (or a memorandum hereof)and the legal
descriptions of the Demised Premises may he recorded by the LESSEE at its sole option and
expense.
II.LESSEE Richts.The LESSEE acknowledges and agrees that DOT's right to
construct new Telecommunications Facilities and install Communications Equipment on
existing DOT Telecommunications Facilities and DOT Structures not part of the Demised
Premises for its use or the use of any governmental entity and DOT's right to enter into
agreements with other entities for use of DOT limited access rights-of-way for uses other than
those uses set out in section 'WC.above is not impaired by the execution of this
AGREEMENT.
IV.Ownership
A.DOT Pro ert .During the term of the AGREEMENT,the ownership of the
Demised Premises consisting of the DOT real property,and all improvements,fixtures and
appurtenances placed thereon by the DOT,including any existing Telecommunications
Facilities and DOT Structures,shall be and remain at all times in the name of the DOT.Any
new Telecommunications Facility built by LESSEE or a Sublessee/Licensee to replace an
existing DOT Telecommunications Facility shall become the property of DOT upon completion
and acceptance by DOT at no cost to the DOT.Improvements constructed on DOT Property
by the LESSEE revert to the DOT upon the expiration of the lease by operation of law except
as provided in IV.R.below.
LESSEE Pro erty.During the term of the AGREEMENT,the LESSEE shall
own all Telecommunications Facilities constructed by the LESSEE or by its
Sublessees/Licensees,except for those facilities constructed to replace any existing DOT
Telecommunications Facility,and the LESSEE and its Sublessees/Licensees shall own the
Communications Equipment each installs within or brings onto the Demised Premises.Upon
the expiration of the Initial Term or any Renewal Term,as applicable,at no cost to time DOT.
and unless DOT notifies the LESSEE in writing at least thirty (30)days prior to the date of
expiration not to remove the Telecommunications Facilities owned by the LESSEE,the
LESSEE.shall remove such 'Telecommunications Facilities and all Communications Equipment
I Ca-e )1 11,1°
111(1 IC:,tore the Demised PiC1111"-,pre-e.\sting condition:it being understood and arum'
that removal of foundations shall H to one (1)foot below pie (.xisting grade.If the LESSEE is
not requited to remove the Telecommunications Facilities upon the expiration of the Initial
Term or any Renewal Term,as applicable,the Telecommunications Facilities shall he
conveyed by the IT.SSEF,to the Dt)T at no cost to DOT and free and clear of any liens or
encumbrances of any kind and nature,including but not limited to,rights of
Sublessees/Licensees in the form of leases,licenses,user contracts or other agreements to
continued use of the Telecommunications Facilities.If the AGREEMENT is terminated in
accordance with XVI.C.,the Telecommunications Facilities owned by the LESSEE shall he
conveyed by the LESSEE to the DOT at no cost to the DOT and free and clear of any liens or
encumbrances of any kind and nature,but subject to the rights of the Sublessees/Licensees in
the form of leases,licenses,user contracts or other agreements to continue use of the
Telecommunications Facilities and LESSEE shall transfer all leases,user contracts or other
agreements for continued use of the Telecommunications Facilities to the DOT upon
termination and Sublessees/Licensees shall attorn to the DOT.
V.Initial Term
A.Term.The term (hereinafter "Term")of this AGREEMENT is thirty (30)years
commencing on the Effective Date.
B.Extension for Removal.If LESSEE is required under section IV.B upon the
expiration of the Term to remove the Telecommunications Facilities and all Communications
Equipment and restore the Demised Premises,such removal and restoration shall be completed
within sixty (60)days after the expiration date,and the terms and provisions of this
AGREEMENT shall survive until completion thereof.Without limiting the foregoing,it is
understood and agreed that the Removal/Relocation Letter of Credit shall he maintained in
accordance with this AGREEMENT'until completion of such removal and restoration Work.
VI.Obligations of the LESSEE
A.The LESSEE,shall have appointed at all times a Project Manager.The Project
Manager (hereinafter "Project Manager")shall be a Florida-based employee of LESSEE,shall
have complete supervisory responsibility for all LESSEE and Sublessee/Licensee activities
specified herein,and shall have full authority to act on behalf of the LESSEE and hind the
LESSEE_The Project Manager shall be the LESSEE's representative assigned to work with
the DOT throughout the term of this AGREEMENT.
1 he LESSEE shall actively market Teleeommu ucations Sites to wireless
providers of services and other tciccoirtinutticatious companies using wireless
I c:im:.“3,1 oik f.11111.
technology c.)ii a fair,reasonable and iiondiscriiIiinatory basis and use DOT Property to meet
market demand.
C.Hie sUl provide written reports to the PO'F on a quarterly basis
detailing marketilw initiatives carried out,number of contacts and inquiries,and the number of
subleases /licenses entered into and type of facility leased or licensed and the fair market value
analysis for the site.All marketiii materials must be reviewed by DOT before publication.
D.The LESSEE shall enter into written subleases or licenses at no less than fair
market value for use of the Demised Premises.The DOT shall have the right to approve the
form of LESSEE's agreement and any changes thereto.The rights granted to the
Sublessees/Licensees by the LESSEE shall at all times he subject and subordinate to this
AGREEMENT and nothing set forth in the sublease/license agreement shall he deemed to
create any rights or privileges beyond those granted to the LESSEE under this AGREEMENT.
The LESSEE shall provide the DOT copies of all agreements entered into with
Sublessees/Licensees.
E.The LESSEE shall be solely responsible for designing,financing,procuring all
components of,installing,leasing,operating and maintaining the Telecommunications
Facilities it constructs or allows a Sublessee/Licensee to construct at no cost to the DOT.The
LESSEE is solely responsible for the installation,operation and maintenance of any
Communications Equipment it installs or allows its Sublessees/Licensees to install on DOT
Property,at no cost to DOT.
F.Permits.The LESSEE shall obtain for itself and its Sublessee/Licensee all
necessary permits and licenses from all entities having jurisdiction,including the Federal
Communications Commission ("FCC")and the Federal Aviation Administration ("FAA")and
state agencies.The LESSEE shall require all contractors and subcontractors performing Work
under this AGREEMENT to have all required licenses and certifications.The LESSEE and its
Sublessees/Licensees shall abide by all local Development Codes and regulations and shall
provide necessary studies or data and cooperate with DOT in complying with the National
Environmental Policy Act ("NEPA").The LESSEE shall provide copies of all penults and
evidence of compliance with local development codes and regulations as part of the submittals
required in 111.13.
G.Desi,m Requirements for Work Carried (the Demised Premises.
I ca,c n frel
1.'Hie LESSEE or its SublesseeiLicensee will design the Telecommunications
Facilities to accommodate the Communications Equipment of at least three
Sublessees/Licensees iii accordance with the Technical Specifications set forth in Exhibit A.
2.The .1:-.551A,shall employ only Qualified Professionahsl to design,
erieinecr.construct and install all Telecommunications
All Lilo incerimi Drawings,final plans,as -built drawings,documents,
reports,studies.surveys,and other data prepared by the Qualified Professional(s)shall he
signed and sealed by such professional.
lipon completion of construction,the LESSEE shall tile with the DOT a
duplicate set of the original drawings,tracings,plans,maps and as-built boundary surveys
including legal descriptions of the Telecommunications Sites,along with an as-built set of full-
size prints for all structural elements of the Telecommunications Facilities.The survey work
shall meet or exceed the minimum technical standards for Land Surveyors as set forth in
Florida Administrative ('ode Chapter 61G 17-6 pursuant to subsection 472.027,Florida
Statutes and shall include state plane coordinates to submeter accuracy on at least two corners
of the Demised Premises and GIS requirements.In addition,plans shall include the
identification of all equipment,and interconnection of major equipment components.The
Qualified Professional(s)shall signify,by affixing an endorsement (seal/signature,as
appropriate)on every sheet of the as-built set,that the Work shown on the endorsed sheets was
produced by the Qualified Professional(s).With the tracings and the as-built set of prints,the
Qualified Professional(s)shall submit a final set of design computations.The computations
shall he hound in a 8.5"X 11"format and shall he endorsed (seal/signature,as appropriate)by
the Qualified Professional(s).The Qualified Professional(s)will also submit the as-built
drawings to the DOT on Intergraph CADD files,using a fo at and layering system
acceptable to the DOT.
IL Construction Fngineerin and Ins ection Re uiremcnts.
1.The LESSEE,shall employ an independent Construction,Engineering and
Inspection (hereinafter referred to as "CEI")firm to inspect and review the Work associated with
the construction of Telecommunications Facilities by the LESSEE.The CEI shall he
appropriately qualified and registered or licensed by the State of Florida Department of Business
and Professional Regulation and shall have the responsibilities normally associated with
inspection of the type of Work being carried out pursuant to this AGREEMENT.Employment
of a CH Finn by the LESSEE shall be at no cost to the DOT.
2.Reporting Requirements:The CE1 shall advise the LESSEE and the DOT
of any omissions,substitutions,defects,and deficiencies noted in the Work and the corrective
action taken.It shall be the responsibility of CFI to provide services as necessary to
administer the Work in a manner to assure that the Work activities are in conformity with the
Fugmecrirqi Dr.rw.yings and Technical Specifications.
Survey control,[he CLI shall verify the existence and accuracy of
location 6 r all reference points and control points indicated on the EmiLincerin Drawnws and
'technical Specifications and shall establish any missmc:or disturbed control points as may be
required to maintain the accuracy for sin vev control.In addition,the LH shall make and record
and f 1.<:1-A11;Ig ATrc
such measurements and per in tiR:i surveys ts nrav he necessary to carry out
the services coveted he this (10-1 NI1-N I to verily and confirm the ;tiCliracy of the survey
layout Work.
4.I he (Ti shall provide services to monitor the on-site construction
operations and to inspect all materials entering in the Work as required to assure that the quality
of workmanship and materials is such that the project will be completed in conformity with the
Engineering Drawings and Technical Specifications.The CEI shall follow the standard
procedures and practices of the DOT for inspection of construction projects that are set out in the
DOT's "Construction Project Administration Manual"issued by the DOT's Director,Office of
Construction.The CEI shall,in general,perform inspection services in accordance with the
applicable provisions of these standard procedures and practices and with other accepted
practices as may be appropriate for construction.
5.The ('El shall perform sampling and testing of component materials and
completed Work items to the extent that will assure that the materials and workmanship
incorporated in the project are in conformity with the Engineering Drawings and Technical
Specifications.The CFl shall perform all on-site sampling of materials and such testing of
materials and completed Work items that arc normally done in the vicinity of the project.
6.If the LESSEE allows a Sublessee/Licensee to construct a
Telecommunications Facility under the term of its sublease,the LESSEE may act as CFI for
the Sublessee/Licensee construction or hire an independent CEI.
Pre-ConstnictionilnstalL Activities.
1-3agine ng_Prawing,s.
a.Engineering Drawings and a Work schedule shall be prepared for
any proposed Work at a Telecommunications Site,and such Engineering Drawings and Work
schedule and other submittals required by Exhibit C shall be submitted by LESSEE to DOT for
approval.
b.The Engineering Drawings shall he prepared in accordance with
the requirements of the Technical Specifications,and shall indicate as a minimum:the elements
of Work to he done,the location of the Work,the method of accomplishment,the resolution of
utility conflicts,and the Maintenance Of Traffic (hereinafter "MOT")plans.
2.mporat y (onqruction Permits.The LESSEE may be required to
obtain and if so shall obtain temporary construction per mits (hereinafter "Construction
Permits")for access durino construction/installation horn the District Permits Office having
jurisd itur.
I c.,e snd ();Tr.iting Agit-t-irams I I
Oix.r2tIng Al:TremtrA
Actin 'ties.
1.All Work shall he done in strict accordance with the approved
F.noineering Drawings and Technical Specifications and no changes shall be made except upon
written approval hull'the DOT.
2.Construction /Installation Schedule:All Work including the installation of
Communications Equipment at each Telecommunications Site shall_he completed within twelve
(12)months from the commencement of construction at the site,i.e.,written notice to proceed
from DOT.The notice to proceed will he issued upon review and approval of all Required
Submittals.The LESSEE shall adhere to and shall cause its Sublessees/Licensees to adhere to
the construction/installation schedule,specifically the beginning and ending dates,for each
Teleconununications Site approved by DOT,subject to Force Nlajeure.
3.The DOT shall have the authority to temporarily suspend the Work of
LESSEE or its Sublessee/Licensee,wholly or in part,for such period or periods as may be
deemed necessary for transportation or safety-related reasons.These periods of suspension
include,but are not limited to,extreme adverse weather conditions such as flooding due to
catastrophic occurrences and heavy traffic congestion due to special events that may cause
hazardous conditions for motorists.Such suspension will he ordered in writing,giving in
detail the reasons for the suspension.Whenever the DOT suspends the Work,the LESSEE
shall he granted,or shall grant to its Sublessee/Licensee,additional days equal to the number
of days of suspension to complete the Work.
4.The LESSEE shall perform and shall require its Sublessees/Licensees to
perform all Work in compliance with all applicable federal,state and local codes,ordinances,
statutes and regulations.
5.To assure timely completion of all Work,whether carried out by the
LESSEE or its Sublessee/Licensee,and payment of all subcontractors and materialmen,prior
to commencement of any construction the LESSEE shall either provide to the DOT an
irrevocable standby letter of credit (the "Construction Letter of Credit")in favor of the DOT
issued by a bank which meets the requirements of Section 334.187,Florida Statutes,and
Chapter 14-116,Florida Administrative Code (a "Bank"),in fonn and substance of Exhibit D,
or deposit in an escrow account (the "Construction Escrow Account")in accordance with the
provisions of Exhibit E,or provide a Performance and Payment Bond ("Bond")with corporate
surety or sureties authorized to do business in the State of Florida and acceptable to DOT or
provide other form of security acceptable to the DOT Comptroller,in any case in an initial
amount equal to the total cost of the Work estimated to be undertaken during year one of the
AGREEMENT.If the LESSEE secures a Bond it will he in a form acceptable to the DOT
Comptroller and will name the DOT as an obligee.The LESSEE aorees and will cause the
Surety to agree to he bound by each and every provision of this AGREINIEN'L If the
LESSEN secures a Construction Letter of Credit or funds a Construction Escrow Account,the
DOT may dim down on the Construction fetter of Credit or the Construction 1-.C1-0\\,
Account only it I.ESSEE has defaulted in its performance of ns obligations to timely complete
construction and prey all subcontractors and motet iolmen or has allowed Sublessee/Licensee to
default on its obliptiOnS to timely complete construction and pay all of its subcontractors and
materialmen under this ACJRFEMENT,such default is continuing after applicable notice and
cure periods and the DOT has suffered damages in the amount being drawn down.In addition,
the following shall apply:
a.The LESSEE and the DOT agree that the initial amount of the
Bond,Construction Letter of Credit,or the Construction Escrow Account may decline in value
as LESSEE accepts the Work and submits to the DOT releases and lien waivers evidencing
progress payments and Final payment or the initial amount may increase to cover additional
Work as Telecommunications Sites are approved and construction begins.Within thirty (30)
business days after receipt of evidence of an increase in the Work,LESSEE will direct the
Surety to increase the Bond amount of the Bank to amend the Construction Letter of Credit to
increase its amount or LESSEE will increase funds to the Construction escrow Account to
cover additional Work,as the case may he.Within thirty (30)business days after receipt of
such evidence of payment for Work,the DOT Comptroller shall authorize the Surety or the
Bank who issued the Construction Letter of Credit to decrease such Surety or Construction
Letter of Credit,respectively,or,in the case of a Construction Escrow Account,the DOT
Comptroller shall authorize the release of funds to the LESSEE from the Construction Escrow
Account.No notice to proceed will he issued for new Work until evidence that the Bond,the
Construction Letter of Credit or the Construction Escrow Account have been adjusted to reflect
the cost of the Work to be performed.
h.If the hank issuing the Letter of Credit fails to maintain
compliance with Chapter 14-116,Florida Administrative code,or if the surety becomes
unacceptable to the DOT,the LESSEE shall promptly furnish such additional security
acceptable to the DOT Comptroller as may he required from time to time to protect the
interests of the [)OT and all persons supplying labor or materials in the prosecution of the
work contemplated by this AGREEMENT.
c.The bank issuing the Letter of Credit is deemed unacceptable if it
fails to maintain compliance with 14-116,Florida Administrative Code.The Surety is deemed
unacceptable if it fails to furnish its financial condition from time to time as requested by the
DOT,makes any assignment for the benefit of creditors or commits any act of bankruptcy,or
if it is declared bankrupt,or if it files a voluntary petition in bankruptcy,or shall Surety in the
opinion of the DOT is insolvent,the LESSEE agrees forthwith,upon request of the DOT to
furnish and maintain another corporate surety with respect to bonds satisfactory to the DOT.
d.The DOT shall return any outstanding,Construction Letter of
Credit or authorize the release of the Constiuction Escrow Account or other form of security
accepted by the DOT Comptroller to LESSEE:upon LESSELs certification to the 1)(Y1 that
the SS 1--s 1Vork at all Telecom-11mm ions Sites has been completed in accordance with
the [mule:1111,1,,Drawings.the hi 11 t;t1 and approval by 1)01 of the documentation required
in and [11SSFF's c\idence to the DOT Mat all contractors,subcontractors,
and materialmen have been paid.
6.LESSEE agrees to hold the DOT harmless and defend it from any
claim or filing of any lien or other encumbrance by parties providing labor or materials on the
Demised Premises as a result of the LESSEE's or Sublessee/Licensee Work,as part of its
indemnification obligation set out in section XIV.
K.General ('onstruction IZegtriremcnts
1.Superintendence by the LESSEE:At all times,the LESSEE shall have a
competent superintendent at the job site(s),
The LESSEE or its Sublessee/Licensee and their respective contractors
and subcontractors shall operate their vehicles and other equipment in such a manner as to
cause no hazard or hindrance to motorists and in accordance with its approved MOT plan.
3.Work and Storage Areas:The LESSEE's or Sublessee/Licensee's
storage of materials on the job site(s)shall be confined to areas authorized by the DOT.
Temporary buildings may be constructed by the LESSEE only with prior approval of the DOT,
and the LESSEE shall hear all costs associated with constructing and removing such temporary
buildings.Where materials are transported to a job site,vehicles shall not be loaded beyond
the loading capacity recommended by the manufacturer of the vehicle or prescribed by any
federal,state or local law or regulation.When it is necessary to cross curbing or sidewalks,
protection against damage shall he provided by the LESSEE.The LESSEE shall bear all costs
to repair any damage to roads,curbing and sidewalks.The LESSEE or Sublessee/Licensee
shall not store any materials on a job site other than materials necessary to do the Work.The
LESSEE shall he responsible for any construction materials stored at a job site related
exclusively to the Work and shall replace any such Work-related materials lost,damaged or
destroyed at its sole expense.The LESSEE shall be responsible for clearing from each job site
all waste materials and rubbish generated by the LESSEE or its Sublessee/Licensee in
performing the Work required by this AG 'EMENT.Each job site shall at all times he kept
free from accumulation of waste material or rubbish.The DOT shall grant the LESSEE or a
Sublessee/Licensee access to the DOT rights of -way in accordance with the LESSEE's
Temporary Construction Permits,which shall include LESSEE's approved MOT plans.
l.Night W or k 111 Work shall he accomplished during normal daylight
hours unless otherw isc approved in writing by 1)0T.
rdination with other corm:mots:The I.FSSET shall arrane its
V irk and that of its Sublessce/l,icensee and dispose of its materials so as not to interfere with
1 ex-c :rig{0 cmc:!!
the operat o is of other contractors neaecd upon work adjacent to the I )cruised Premises belly,
per totincd by the DOT or its C01111:1(10IS and to perform its Work in the proper sequence in
relation to that of such other contractors,all as may be directed by the Doi-.
6.LESSEE will he held responsible f )1-any damage done by its
Sublessees/Licensees,agents or contractors to work adjacent to the Demised Premises being
performed by the DOT or its contractors.
7.Existing_5tructurcs.The LESSEE will protect all existing DOT
Structures during construction/installation.
a.Drainage:During construction/installation of the
Telecommunications Facilities and Communications Equipment,the LESSEE shall so conduct
its operations and maintain the Work in such condition that adequate drainage will be in effect
at all times.The construction/installation of the Telecommunications Sites and
Communications Equipment will not temporarily or permanently affect existing functioning
storm sewers,gutters,ditches,and other run-off facilities.
h.Fire Ilydrants:Eire hydrants on or adjacent to the highway shall be
kept accessible to fire apparatus at all times and no material or obstruction shall be placed
within fifteen (15)feet of any such hydrant.
c.Protection of Structures:Heavy equipment shall not be
operated close enough to pipe headwalls or other structures to cause damage or displacement.
L.Environmental Considerations
1.Other than the facts disclosed concerning the presence of Hazardous
Materials by the District DOT Environmental Offices contacted by the LESSEE and any areas
of contamination identified in Exhibit G,the Right-of-Way Management Plan,which
information LESSEE hereby acknowledges it or its agents reviewed,the DOT represents that
to the best of its knowledge,that it knows of no other locations contaminated by Hazardous
Materials in the ground or ground water,upon facilities or in the vicinity of the Work to be
performed by the LESSEE,except as disclosed.
The LESSEE or its Sublessees/Licensees may be performing Work in areas
containing liazardous Materials.The LESSEE shall obtain or cause Sublessee/Licensee to
obtain all necessary permits for,and shall properly handle,treat and dispose of any displaced
contaminated soil and mound water in accordance with the permits and all applicable federal,
state and local laws at the sole expense of LESSEE in the event that LESSEE displaces
Hazardous Materials during the Wolk.LESSEE and the DOT ad:now-1(2(1re and agree that
LESSEE's iesponsihility is limited to the proper handlinr,treatment and disposal of any
contaminants displaced during the Work,and the I ESSEN shall not be liable or responsible for
I ease ,11).31ystalir VIccmenl is
or future contamination that t did not cause,he 1)01 remains liable for all
piecustnw.113/ardous Maimais the sites L ESSET,will utilkie for the elccomrnunications
acilmes,except to the extent lice any claims,handines,penalties.forfeitures,losses or expenses
.e from or are caused solely by the displacement of Ha7ardous 'Materials by LESSEE or its
officers,agents.rcprescniatives.c()nsultants,contractors or employees dur-ing the Work in which
case LESSEE will indemnify and hold the DOT harmless as part of its indemnification obligation
set out in section XIV.
2.Except in accordance with applicable law,the LESSEE shall not itself,nor
shall it per mit its Sublessees:I CellSeCS,contractors,subcontractors or licensees to use.generate.
Store,release or dispose of,on,under or about the DOT Property,from any source whatsoever,or
transport to or from the DOT Property any hazardous wastes,toxic substances or related
materials.
3.In the event I lazardous Materials are encountered on the Demised
Premises during construction,the LESSEE or its Sublessee/Licensee shall immediately suspend
construction work.LESSEE:shall notify DOT and begin remediation work in accordance with
section V1.1.1.or notify DOT in writing that it wishes to exclude the proposed
Telecommunications Site from the Demised Premises.DOT will remove the
Telecommunications Site from the Demised Premises upon certification of the LESSEE that it
has restored the site to its original condition and has properly disposed of any contaminated
materials.The LESSEE,for itself and its Sublessees/Licensees,acknowledges and agrees that
the DOT shall be under no obligation to the LESSEE or its Sublessees/ticensees for any
monetary losses associated with exclusion of the site or with suspension of construction,but such
suspension shall be treated as a Force Majeure delay and the time to complete shall he extended.
Utility Co flicis Noninterference.
In addition to the Right-of-Way Management Plan,the various District Permits
Offices have available in their files pet units allowing utilities to place facilities on the DOT
rights-of-way.The LESSEE acknowledges that it has reviewed all such documents,has made an
independent assessment of possible utility conflicts including contacting Sunshine State "One-
Call"at (800)432-4770,and further agrees that it will contact all utility companies that may have
facilities in the rights-of-way and \vitt during construction,operation and maintenance of the
Telecommunications Facilities protect all existing utility facilities within the DOT rights-of-way.
The LESSEE will indemnify and hold tire DOT harmless from any claims made by the owners of
existing utility installations as part of its indemnification obligation set out in section XIV.
VII.;Management,Operation and Maintenance of the Telecommunications Facilities
and Communications Equipment
A.Nlanaument and Opel-Anon.'the LESSEE shall he solely responsible for the
111:111:IFICilt,operation and maintenance of the I.ESSIT:s "Felecommunications Facilities and
I raw :And );),-;"V:k'T c-T,T CItt
the Communications Equipment it or its Sublessees/Licensees install on the Demised Premises.
The LEssEr,shall have the light to subcontract for such management services with a duly
qualified management company,but such right shall not he construed as relieving LESSEE of
its obligations under this AGREEMENT including its obligation to have a Project Manager
with supervisory responsibilities.In the event the DOT finds that any such subcontractor of
LESSEE is not performing in accordance with this AGREEMENT,the DOT shall have the
right,on sixty (60)days prior written notice,to require the LESSEE to remove such
subcontractor.
The LESSEE's management responsibilities include,but are not limited to:making
diligent efforts to fulfill the wireless industry's demand for Telecommunications Sites,actively
seeking Sublessees/Licensees on a competitively neutral and nondiscriminatory basis,
screening applications from Sublessees/Licensees for the Demised Premises,entering into
agreements with such Sublessees/Licensees,charging and collecting lease payments from such
Sublessees/Licensees and assuring that Sublessees/Licensees comply with all requirements of
this AGREEMENT and compensating DOT in accordance with the provisions of VIII.In the
absence of any federal or state regulations regulating the rental fees that can he charged by the
LESSEE and sharing of any capital costs associated with the construction of or improvement of
Telecommunications Facilities that can be charged by LESSEE,the LESSEE's rental fees will
he at fair market value and all fees including the rental fees will he fair,reasonable,
nondiscriminatory and consistent with current industry practices.
B.Radio Frequenc Interference and Electromagnetic Energy_
1_Radio Fre uenc Interference.The LESSEE agrees that it will not
install,nor allow to be installed,on the Demised Premises any electronic equipment including
any Communications Equipment that will interfere with any existing State of Florida
communications including,but not limited to:DOT communications,DOT's electronic toll
collection system (SunPass"f),and its current ITS initiatives all of which are described in
Exhibit F,or with any type of current or future transmission facilities on existing sites leased
by the DOT to the Florida Department of Management Services ("DMS"),or with
transmission on any frequencies allocated by the FCC for non-conunercial,state governmental
communications or with facilities installed by Omnipoint Communications on DOT rights-of-
way.Before installing its own Communications Equipment and before allowing
Sublessees /Licensees to install Communications Equipment on the Demised Premises,the
LESSEE shall contact DOT to determine all frequencies being used by DOT or its LESSEE or
Sublessees/Licensees.The LESSEE shall provide to DOT an intermodulation analysis of all
existing and proposed receiver and transmitter frequencies through the ninth (9th)order,that
certifies that no harmful interference to any existing or proposed transceiver will result because
of the installation of any such Communications Equipment.In the event the LESSEE or a
Sublessce/l.icensee causes any such radio frequency interference to the State of Florida
communications,the I.ESSII shall immediately remedy the same or abandon the activi
causing the interference except for short tests to confirm the elimination of interference,which
I rase )1,tlny AFrrc ment
tests shall be per formed only after prior written notice to the DOT and only daring the Perim
bets,cell :Lni.and 6 A.M.
cept for the installation of any type of transmission facilities on existing sites leased
by the DOT to the S and Omnipoint Communications,and except fur transmission on any
frequencies allocated by the FCC for non-conunercial,state governmental communications,the
DOT agrees to use its best efforts not to install or allow to be installed in the future (except
current ITS initiatives to be deployed in the future as identified in Exhibit F)any electronic
equipment that will interfere with the LESSEE's or a Sublessee/Licensee's Communications
Equipment installed on the Demised Premises.
a.LESSEE agrees for itself and for its Sublessees/Licensees that the
Communications Equipment to he installed by LESSEE or its Sublessees/Licensees on the
Demised Premises shall comply with all applicable statutes,rules,regulations,•judicial and
administrative decisions having the effect of law and being binding upon and enforceable
against LESSEE or any Sublessee/Licensee,which may include those promulgated by the
EC(',the Environmental Protection Agency or the Occupational Safety and Health
Administration concerning radio frequency exposure limits.LESSEE,at LESSEE's cost and
expense,shall place electromagnetic energy warning signs on or about the Telecommunications
Site,as required and/or in compliance with applicable law.
2.Electromagnetic Energy.
h.The LESSEE shall prepare,or cause to be prepared,an
environmental evaluation of the Demised Premises,taking into consideration the LESSEE's and,
as applicable,a Sublessec/Licensee's Communications Equipment.If LESSEE's or a
Sublessee/Licensee's Communications Equipment would cause the Demised Premises not to
comply with the radio frequency exposure limit regulations promulgated under 47 C.F.R.§
1.1307,et seq.1997,as amended from time to time,or other applicable laws or regulations,
LESSEE shall modify or cause a Sublessee/Licensee to modify equipment or conditions at the
Demised Premises in order to comply with such regulations.If such steps arc not feasible,
LESSEE shall cease or cause a Sublessee/Licensee to cease operation at the Demised Premises.
Except for the installation of transmission facilities on existing sites leased by the DOT to the
DMS and Omnipoint ('ommunications,and except for transmission on any frequencies allocated
by the FCC for non-commercial,state governmental communications,the DOT agrees not to
install or allow to be installed any electronic equipment that will cause the Demised Premises not
to comply with any of the foregoing laws and regulations.
C.11aintenance.1 he LESSEE shall be responsible only for tire maintenance and
repair of Communications Equipment owned by LESSEE or its Sublessee/Licensees and
installed on DOT Telecommunications Facilities and 1)01'Structures and for any damage
caused to such DOT facilities and structures because of the installation of any Communications
Equipment.I )0.1 will be responsible for maintenance and repair of the Telecommunications
I eri,e .inti q)c'ritlny is
and Structures that it owns.11he I.LSS shall he responsible for the maintenance
and repair of Telccommumcations Facilities it Conqructs or allows to he constructed by a
Suhlessee/Licensee during the term of this AGRIINIENT as set forth below.
1.Maintenance of Facilities.LESSEE,will keep and maintain the Demised
Premises and a five loot buffer area outside the Demised Premises,in good and safe condition
and repair at LESSEE's own expense during the term of this AGREEMENT,and will keep the
same free and clear of any and all grass,weeds,brush and debris of any kind,so as to prevent
the same becoming dangerous,inflammable or objectionable.The DOT will have no duty to
inspect or maintain any of the land,buildings or other structure,if any,during the term of this
AGREEMENT;however,the DOT will have the right,upon a twenty-four (24)hour notice to
LESSEE,to enter the property for purposes of inspection,including conducting an
environmental assessment.Such assessment may include but would not he limited to:
surveying;sampling of building materials,soil and groundwater;monitoring well installation;
soil excavation;groundwater remediation;emergency asbestos abatement;operation and
maintenance inspection;and,any other action which might he reasonable and necessary.The
DOT's right of entry will not obligate inspection of the Demised Premises by the DOT,not
will it relieve the LESSEE of its duty to maintain the Demised Premises.In the event of an
emergency due to a release or suspected release of hazardous Materials on the Demised
Premises,the DOT will have the right of immediate inspection,and the right,but not the
obligation,to engage in remedial action,without notice.LESSEE shall also comply with and
abide by all applicable federal,state,county,municipal,and other governmental statutes,
ordinances,laws and regulations affecting the maintenance of the Telecommunications Facility
constructed by LESSEE,the improvements thereon or any activity or condition thereon.
2.Landsca ing.The DOT may require the LESSEE to provide the
Minimal Landscaping Requirements.The LESSEE will maintain and replace as necessary anyshrubbery,and keep the Demised Premises free of litter.If local codes require landscaping,the stricter code will be applicable so long as local requirements do not conflict with highwaysafetyissuesincluding,but not limited to,DOT-required Clear Zones.
D.Relocation Res onsibilities.Whenever necessary for the construction,repair,improvement,maintenance,safe and efficient operation,alteration or relocation of all,or anyportionoftheTransportationFacilityasdeterminedbytheDOTinitssolediscretion,LESSEE
Telecommunications Facility(ies)or any parts thereof including utility lines servicing the
LESSEE Telecommunications Facility(ies)and any Communications Equipment owned by the
LESSEE or its Sublessees/Licensees and installed on a DOT Telecommunications Facility or
DOT Structure shall he removed from the Transportation Facility.reset or relocated thereon
by the LESSEE as required by 1)01.Such removal,resetting or relocation shall he in
accordance with the schedule established by DOT and shall be at the sole expense of the
LESSEE.It is agreed that in the event the relocation of the Telecommunications Facility(ies)
or any parts thereof and/or Communications Equipment are scheduled to he done
simultaneously with DOI construction work,LESSEE shall coordinate with the DOT before
ca,c and Ur A men(
proceeding.:11;df (t,per;ite with the PO T's contractor to arrange the sequence of work so as
to delay the work of the DOI 's contractor,shall defend any legal claims of the DOT's
contractor due to delays caused by the IISSET's failure to comply with the approved
schedule,and shall comply with all provisions of the law and the DOT's current Utility
Accommodation Nlanual.The DOT shall provide LESSFE with at least six (6)months notice
of any required relocation,and use best efforts to minimize interruption of operations at a
Telecommunications Site during the relocation process and provide LESSEE with a temporary
location for LESSEE or Sublessee/Licensee Communications Equipment during any such
relocation,if feasible.The LESSEE acknowledges that it has reviewed the Right-of-Way
Management Plan,the rights-of-way itself,has had the opportunity to review additional
information provided by or obtained from the DOT,and the LESSEE has chosen the Demised
Premises with full knowledge of its relocation responsibilities.In the event a relocation of any
Telecommunications Facilities is required for transportation purposes as set forth above,and a
new location cannot he found which provides LESSEE and its Sublessee/Licensee with
comparable transmission and reception coverage,LESSEE shall have the right,as its sole
remedy,to terminate this AGREEMENT with respect to such Telecommunications Site.
E.Lep!Re(uirements.The LESSEE shall he and shall cause its
Sublessees/Licensees to be in full compliance with this AGREEMENT and all applicable
federal,state and local laws,rules or regulations in effect now or in the future,and applicablejudicialandadministrativedecisionshavingtheeffectoflaw,of any governmental authority
having jurisdiction over the Demised Premises.If any governmental entity other than the DOT
with jurisdiction renders an administrative decision or has rendered in its favor a judicial
decision having the effect of law,that LESSEE's operation on the Demised Premises is out of
compliance with its applicable law,rules or regulations,such noncompliance will constitute a
Default under this AGREEMENT.
F.Re lacemcnt/Modification of Telecommunications Facilities.The LESSEE may
from time to time during the to of this AGREEMENT replace or upgrade a LESSEE or
DOT owned Telecommunications Facility.The LESSEE shall notify the DOT and uponsubmittalofallinfoationrequiredinExhibitCtoTrafficEngineering,the procedure for
approval or denial will he the same as that set forth in 111.8.of this AGREEMENT.
G.amage or_Destruction of a Telecommunications Facility.In the event that a
Telecommunications Facility owned by the LESSEE is so damaged that it must be removed or
replaced,the LESSEE shall rebuild,or cause to he rebuilt,the facility within twelve (12)
months;provided,however,that if such damage occurs during the last two (2)years of the
Initial Term or during the Renewal Term,the LESSEE may elect,as its sole remedy,not to
rebuild the Telecommunications Facility.whereupon this AGREEMENT'shall terminate with
respect to the pet'Merit Telecommunications Site upon certification from the LESSFT that it
has restored the site to its pre existing conditions accordance with section IV.B.
ex,::Opyr,0Ing
If a 1 >O'l I lecorniutinications Facility )t-DOT Structure on which LESSEE or
Sublessee.l.ieensee Communications Equipment is installed is so damaged that it must he
removed or iCplaced,I )0T in it S(th.'discretion shall determine whether to rebuild.If DOT
makes the determination not to rebuild,it will notify LESSER.LESSEE's sole remedy is
permanent abatement of compensation for that site
I .D)0I Telecommunications Needs.Subject to the provisions of sections VII.B.I
and VI113.2,the LESSEE will allow the DOT to attach,operate,maintain and replace any
ITS-related equipment to LESSEE Telecommunications Facilities so long as such use by the
DOT does not negatively impact the LESSEE's leasing capacity on that Telecommunications
Facility.Such use by the DOT shall he considered delivery of a Service by the LESSEE.The
provisions of section XIV shall not apply with respect to any such matters to the extent arising
out of or in connection with DOT's sole negligence in attaching,operating,maintaining,
replacing or removing any ITS-related equipment located at a Telecommunications Site,all of
which matters shall he the responsibility of the DOT.
VIII.Compensation
A.The LESSEE shall compensate the DOT for use of the Demised Premises by
payment of the percentage of Gross revenues specified in Exhibit H.The compensation
("Rental Payments")to DOT shall he in the form of cash and/or delivery of the Services
specified in Exhibit I as the DOT may from time to time determine."Gross Revenue(s)"shall
be defined for purposes of this AGREEMENT as that term is defined under Generally
Accepted Accounting Principles (GAAP)and shall include gross billable earned revenue on an
accrual basis for revenues earned under this Lease with the Effective Date being the date on
which the accrual of revenues begins.Provided,however,that any services utilized for the
LESSEE's internal use will he considered as revenue and will have an implied value at the
current market rate which will be no less than that rate charged to any Sublessee/Licensee.
The Gross Revenues accruing to the LESSEE's benefit will be based upon the accrued amounts
available for billing its subleases or licenses during the term of this AGREEMENT.The
LESSEE agrees to charge its Sublessees /Licensees,including any Sublessee/Licensee that is an
affiliate of LESSEE,rates for use of the Demised Premises that are fair,reasonable and
nondiscriminatory and based on fair market value.The term "affiliate"means any individual
or business entity that directly or indirectly owns or controls,is owned or controlled by or is
under common ownership or control with,another individual or business entity.For purposesofthisparagraphtheterm-own-means to own an equity interest or equivalent thereof of
more than 3q.DOT and the LESSEN acknowledge that fair market value is site specific,use
specific and subject to change over time.
ica,e and (cratme Aznrcerncrt
The FssEr shall inakc quarterly Rerun]l'avrnent,,in arrears trl t le DO
within tint Th)days after the end of each calendar quarter.The LESSEE shall provide with
tire Rental Ptivments an aceountuni of I )OT's share of gross revenues nine during the
previous quarter and the value of Services delivered.The cash PaVirleiltS will he
reduced by the value of Services delivered to DOT during the previous quarter.In addition,the
cash Rental Payment may he further reduced upon the written request of the DOT that the
funds due and owing the DOT he allowed to accumulate to allow DOT to take delivery of
Services at a later time.Provided,however,that such accumulated funds may be requested at
any time by DOT in the form as allowed by this AGREEMENT.
C.The LESSEE,in order to ensure the DOT's receipt of full compensation from the
LESSEE,shall provide to the 1)0T prior to the Effective Date,an irrevocable standby letter of
credit (the "Rental Letter of ('redit-)in favor of the DOT which meets the requirements of
Chapter 14-116,Florida Administrative Code,in form and substance of Exhibit D or other form
of security acceptable to the DOT Comptroller.and in an amount equal to the projected
compensation value for year one.Within fifteen (15)business days after each anniversary of the
Effective Date and annually thereafter,the LESSEE shall cause the Rental Letter of Credit to be
increased or the DOT Comptroller shall authorize the Rental Letter of Credit to be decreased,as
the case may he,to reflect the total of the projected compensation for that year and any
compensation due and owim.,,the DOT that it has not been paid that has been allowed to
accumulate for a later Delivery of Services,and shall deliver to the DOT a replacement Rental
Letter of Credit,calculated as of the most recent anniversary of the Effective Date.The DOT may
draw down on the Rental Letter of Credit if the LESSEE has defaulted in its obligation to provide
cash and/or prompt delivery of the Services specified in Exhibit Hof this AGREEMENT or in
the exercise of the DOT's remedies under section XVI.B,such default is continuing after
applicable notice and cure periods,and the DOT has suffered damages in the amount being
drawn down.
D.Deliver of Services.The LESSEE shall procure Services and incidental
equipment used in providing such Services using specifications provided by the DOT.Upon
completion of the installation of equipment constituting part of Services,LESSEE shall notify
the DOT,and the DOT's representative shall have thirty (30)days within which to inspect and
test the equipment.To the extent that the installation of the equipment is not in accordance
with the DOT's written specifications items of non-compliance shall he identified at the time of
the inspection on a written list (a "punch list")prepared by the representatives of LESSEE and
the DOT.At the end of the inspection period,or with respect to any punch list items uponcompletionandsatisfactoryreinspectionofanysuchitems,the DOT shall notify LESSEE of
its acceptance of the equipment in writing and LESSEE shall have no further liabilities with
respect to such wort:.If DOT does nut provide a written acceptance and is using the
equipment.it shall be presumed that all work theretofore performed be or on behalf of
LESSEE was satisfactorily pct formed in accordance wuh,and illeCIII1g the requirements of this
AGRI:TN-111NT,and that the DOT has accepted such work and LLSSII shall have no further
liabilities with respect to such work.
1 c.-.c Jnd (lpct,iT:r),,A 7,Tet'I'!i'::1
The D()I acknowlede.--,and aerces that certain and approvals may be
fLc:IIIR'11 COMIL'Chltql 'olequipment.l he I)(>w ill cooperate with
and its contractors and subcontractors in connection with any required permitting and
approval process and.upon request,will execute any and all documentation which may he
necessary or useful in connection therewith.
X.Insurance
ea,c
IX.Accounting Records and Reports
Upon completion of the installation of equipment.LESSEE shall assign to the
DOT any manufacturer's warranties or ,:naranties which LESSEE may obtain in connection
therewith (the "Third Party Warranties").The DOT acknowledges and agrees,however,that
except tOr the Third Party Wiuranties (if any),the DOT shall accept equipment as installed,
without any representation or warranty by or liability of LESSEE,after the DOT's opportunity
for inspection and testing,as provided above.
A.Books and Records.Records of revenues incurred and of all agreements with
third parties entered into under terms of this AGREEMENT will be maintained and made
available upon request to the DOT at all times during the period of this AG EMENT and for
three years after final payment to the DOT pursuant to this AGREEMENT is made.Copies of
these documents and records will he furnished to the DOT upon request.The LESSEE will
maintain separate books,records,and accounts in accordance with Generally Accepted
Accounting Principles (GAAP)and business practices applied on a consistent basis.The
LESSEE shall submit to the I)OT within ninety (90)days following the close of the LESSEE
fiscal year financial statements with respect to this AG EMENT in form and substance
reasonably acceptable to the DOT.The I)OT and its agents and employees shall he allowed
reasonable access to the hooks and records relating to this AGREEMENT during the regular
business hours and at a place in the State of Florida convenient for that purpose,upon
reasonable written notice.Twenty (20)business days shall constitute reasonable notice unless
shorter period agreed to by both parties.In the event an audit reveals accounting errors and
payments not in conformity with the agreement,restitution will be made upon notification.
B.The LESSEE shall submit to DOT quarterly reports thirty (30)days after
the end of each calendar quarter during this AGREEMENT containing the information set out
in VI C.above.
A .)escription of Insurance R red.The LESSET shall,at its own
expense.procure and maintain throughout the duration of this AGREEMENT with insurers
acceptable to the DOT,the types and amounts ()I insurance e onfornnng to the rninitnum
requirements set forth herein."he 1,1 SSEL shall not commence Work or enter upon the
Premil Ises,until the required IIIStli►11Ce is in force and evidence of insurance acceptable to the
1)()F has been provided to and approved by the DOT.Subject to the right of the I)0I to
request.at any time,a certified copy of the policy or polices providing any such insurance,
with respect to the Workers'Compensation Insurance,General Liability Insurance,
Automobile Liability Insurance and Professional Liability Insurance,an appropriate Certificate
of Insurance (which verifies inclusion of the DOT as an Additional Insured in the General
Liability coverage,and includes sixty (60)days written notice of cancellation to DOT for all
coverages)shall he satisfactory evidence of insurance.Subject to the right of the DOT to
request,at any time,a certified copy of the policy or polices providing any such insurance,
with respect to Property Insurance,an appropriate Evidence of Property Insurance form
(ACORD Form 27)or a copy of the policy itself shall he satisfactory evidence of insurance.
Until such insurance is no longer required by this AGREENIENT,the LESSEE shall provide
the DOT with renewal or replacement evidence of insurance at least thirty (30)days prior to
the expiration or termination of such insurance.
(i)Workers'Compensation Insurance.Such insurance shall he no
more restrictive than that provided by the Standard Workers'Compensation Policy,as filed for
use in Florida by the National Council on Compensation Insurance.The minimum amount of
coverage (inclusive of any amount provided by an umbrella or excess policy)shall he:
I e and )i•erJlin?AgTyt
Part One:
Part Two:
"Statutory"
Each Accident
Disease -Policy Limit
Disease -Each Employee
(ii)General Liahilit Insurance.Such insurance shall be no more
restrictive than that provided by the standard Commercial General Liability Form filed for use
in the State of Florida (ISO Form CG 00 01)without any restrictive endorsements.The DOT
shall he included as an "Additional Insured"on a form no more restrictive than Form CG 20
10,Additional Insured -Owners,Lessees,or Contractors (Form B).The minimum limits
(inclusive of amounts provided by an umbrella or excess policy)shall he:
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Automobile Liability lust ranee.Such insurance shall be no more
restrictive than that provided by Section II ([.lability (overage)of the standard Business Auto
Policy (ISO Form CA 00 Oft including coverage fon liability contractually assumed,and shall
cover all owned, non-owned,and hired autos used in connection with this AGREEMENT.The
111111111111111 limits (inclusive of any amounts provided by an umbrella or excess policy)shall he:
Lach Occurrence bodily Iniury and Property
1)amage Combinud
(iv)Property Insurance.The E ESSEE shall provide,in a policy
acceptable to DOT."all risk"Special Form)property insurance on any improvements to
real property made by or on behalf of LESSEE on the Demised Premises and any personal
property of the LESSEE located on the Demised Premises.The amount of the insurance shall
he no less than the estimated insurable replacement value.The DOT shall be an insured on
this policy.The maximum deductible for any peril other than windstorm shall be per
occurrence.The maximum deductible for windstorm shall be the greater of of
estimated insurable replacement value or
(v)Professional Liabilit Insurance.The LESSEE shall provide,in a
policy acceptable to DOT,professional liability insurance in the amount of for any
engineering,architectural and land surveying work required in fulfilling the LESSEE's
construction/installation obligations under this AGREEMENT.The LESSEE.shall provide
the required insurance coverage for a minimum of three (3)years after completion of the
construction/installation of the Telecommunications Facilities and Communications Equipment.
The same professional liability insurance requirements shall also apply to any
Telecommunications Facility or Conununications Equipment relocation activities.
B.Qualification of Insurers/Grou Self-Insurers -Insurers providing the
insurance required by this Contract must be:
(i)authorized by subsisting certificates of authority issued to the
companies by the Department of Insurance of the State of Florida or an eligible surplus lines
insurer under Florida Statute 626.918.or with respect only to the Workers'Compensation/
Employer's Liability,authorized as a group self-insurer pursuant to Florida Statute 440.57
which has been in continuous operation in the State of Florida for five years or more or
authorized as a commercial self-insurance fund pursuant to Florida Statute 624.462 which has
been in continuous operation in the State of Florida for five years or more and
(ii)in addition,such insurers other than those authorized by Florida
Statute 440.57 or Florida Statute 624.462,shall have and maintain throughout the period for
which coverage is required,a Best's Rating of "A-"or better and a Financial Size Category of
"VII"or better according to A.M.Best Company.
insurance on Contractors.Subcontractors_and Sublessees /Licensees.lf,
in connection with this AGRErm ENT,a contractor or subcontractor is to perfonm work by or
on behalf of the LESSEE on or about the Demised Premises,or if the LESSEE shall sublease
any of the Premises,or any part thereof,the LESSEE shall require any such contractor,
subcontractor or sublessee /licensee to provide insurance in the same manner as required by the
LESSLL,pursuinit to this A(iRf-b,N11-.N f.
I csze and (y<I I
D.LESSEE's :Insurance_Primar v.the insurance provided by the LESSEE
and its contractors,subcontractors or sublessees,ineludins±that provided to the DOT as an
insured,shall apply on a primary basis.Any insurance maintained by the DOT shall he excess
of and shall not contribute with the insurance provided by the 11.,551+and its contractors,
subcontractors or sublessees.Except as otherwise speciried,no deductible or self-insured
retention is permitted.
E.Insurance Is Additional Remedy.Complianc.e with these insurance
requirements shall not limit the liability of the LESSEE or its contractors,subcontractors or
sublessees/licensees.Any remedy provided to the DOT by the insurance provided by the
LESSEE,and its contractors,subcontractors or sublessees/licensees shall he in addition to and
not in lieu of any other remedy (including,but not limited to,as an indemnitee of the LESSEE)
available to the DOT under this At iREEMENT or otherwise.
F.Nor__Waiver.Neither approval nor failure to disapprove insurance
furnished by the LESSEE or its contractors,subcontractors or sublessees shall,relieve the
LESSEE,contractor.subcontractor or sublessee from responsibility to provide insurance as
required by this AGREEMENT.
0.Insurance Covera e Ad-ustments.The DOT reserves the right to review
all insurance coverage on an annual basis and to require the LESSEE to adjust the insurance
coverage based on industry standards for projects of this size and type in the county in which
located.
H.Notice.As soon as practicable,after the occurrence of any accident or
other event which results in or might result in injury to a person or the property of any person
and which arises in any manner from the performance under this AGREEMENT,or occurs on
the Demised Premises,the I.ESSFE shall send timely written notice thereof to the DOT setting
forth a full and precise statement of the facts pertaining thereto.
XI.Removal/Relocation Letter of Credit
A.In addition to providiim the Performance and Payment Bond,Construction
cucr of Credit,or Construction Escrow Account or other form of security acceptable to the
DOT Comptroller required under section VI.J.5.of this AGREEMENT and the Rental Letter of
Credit required under VIll.C.,the LESSEE.in order to ensure full compliance with the
I.ESSEE's Telecommunications Facility removal requirements effective upon expiration of the
AGREEMENT,or relocation requirements required under this .AGREEMENT,shall provide to
the DOT prior to the Effective Date,:1[1 ilievocahlc standby letter of credit (the
"Removal Relocation I (Ater oi-(`redit")in favor of the DOT which meets the requirements of
Chapter 1-1-116,Florida Administrative Code,in form and substance of Exhibit D or other form
of security acceptable to the D(/.1,Comptroller_and in [in initial amount equal to the total cost for
rcinoval oldie Work estimated to he undertaken durum'year one of the AGREEMENT.1 he
L the initial Jinount will ircieasc to cover additional Work as
CII:Cu11111111111H)11.SIICS ac:approved and construction begins.Within OM sincss
days after receipt of ::vid':110.:of an increase in the Work.LI SSE E will direct the Hank to amend
the Removal.,Relocation Letter of Credit to increase its amount.The DOT mav draw down on
such RemovirERclocation Letter of Credit only if the LESSEE has defaulted in its performance of
the Telecommunications Facility or Communications Equipment removal or relocation
requirements under this AGREEMENT,such default is continuing after applicable notice and
cure periods.In the event the DOT draws down on the Removal/Relocation Letter of Credit and
the LESSEE has continuing removal or relocation obligations under this AGREEMENT,the
LESSEE shall,within fifteen (15)business days of notice of intent to draw or notice of draw
down.reinstate the Removal/Relocation Letter of Credit to its original amount.
XII.'Faxes and Assessments
I t-..r.r .1;,1
.FSSEF and Sublessee/Licensee Taxes.The LESSEE shall pay and
discharge as they become due and shall require its Sublessees/Licensees to pay and discharge as
they become due,promptly and before delinquency,all taxes,assessments,rates,charges,license
fees,levies,excises or imposts,whether general or special,or ordinary or extraordinary,of every
name,nature and kind whatsoever including,but not limited to,all governmental charges of
whatsoever name,nature,or kind,which may be levied,assessed or charged,including any tax
imposed by virtue of the provisions of Chapter 212,Florida Statutes,or which may become a lien
or charge on or against the property,or any part thereof an account of the Telecommunications
Facilities;or any interest of the LESSEE or Sublessee /Licensee in the Demised Premises such as
a leasehold interest,or any personal property now or hereafter placed thereon and owned by the
LESSEE or Sublessee/Licensee and situated on the Demised Premises,or on or against the
LESSEE's or Sublessee/Licensee's leasehold estate which may be a subject of taxation.'Ibis
section does not preclude the LESSEE or Sublessee/Licensee from contesting the levy of any
such taxes,assessments,or other charges in good faith.Any taxes or imposts required by law to
he collected by a property owner/landlord shall he paid to the DOT in a timely manner.
B.Recei ts.If requested by the DOT,the LESSEE shall obtain and
deliver receipts or duplicate receipts for all taxes,assessments,and other items required
hereunder to be paid by the LESSEE or Sublessees/Licensees,promptly on payment thereof.
C.LESSEE Acknowledgment.The LESSEE acknowledges and
agrees that payment of all taxes and assessments,and associated interest or penalties paid by the
LESSEE_are in addition to the compensation to he provided by the LESSEE to the DOT under
the terms of this AGREEMENT and that there shall be no off-sets against the compensation
because of Nymtcnt of thc ifor-c;:t1(1.
D.I ales_.Assessed DO.T 1 he LESSEE shall be responsible for payment of
and arecs to promptly pay any and all taxes or assessments,and any interest and penalties
relating thereto,imposed upon the DOT because of the private,nongovernmental,commerc
nature of I ESSEE-s Sublessee t_;11P,e Demised Premises.Noirr,ivrircrit by
I ESSEE of such hrxes imposed on DO l to -titer':..1 Default,provided.liov.-ever.that LESSEE
shall be entitled to preserve the LESSEE s rights to pursue aria action to contest SuCli taxes
the 1"W:111S')0
XIII.Assignment/Transfer of Beneficial Interests
A.Assi,nimentiTransfer of Beneficial Interests.Except as expressly
permitted hereunder,the I FSSEE shall make no assignment of this AGREEMENT or transfer
any beneficial interest.in whole or in part without the written consent of the DOT,which consent
will not be unreasonably withheld but may be granted upon any such reasonable conditions as the
DOT may impose.I he Dot expressly consents to the collateral assignment of and granting of a
security interest from time to time in favor of any holder of indebtedness borrowed by LESSEE
("Lender"),whether now or hereafter existing.,in and to all of LESSEE's right,title and interest
in and to LESSEE's personal property (the -('ollateral-)provided LESSEE has given the DOT
notice of the Lender's name and address,agrees to simultaneously provide Lender with a copy of
any notice of default under this AGREEMENT sent to LESSEE;and LESSEE provides
documentation to the D(11 that the Lender agrees to cure a LESSEE default and to inspect or
remove from the Demised Premises any of the Collateral in accordance with the terms of this
AGREEMENT and any security documents granted in favor of Lender,provided,however,that
Lender shall promptly repair,at Lender's sole cost and expense,any physical damage to the
vertical support structures or other improvements to the DOT Property directly caused by said
removal.In no event shall any I.ender he permitted on a Telecommunications Site without first
having provided the DOT prior written notice,a written agreement to indemnify the DOT in
accordance with this AGREEMENT,and a certificate of insurance providing coverage required
under this AGREEMENT and naming the DOT as an additional insured.Prior to any assignment
becoming effective,a copy of the written agreement setting forth the respective rights and
obligations of the LESSEE and assignee shall be filed with and approved by the DOT.In
addition,the LESSEE,may in the ordinary course of business sublease space on the Demised
Premises to Sublessee/Licensee,with the consent of the DOT as provided herein,and subject to
the requisite DOT approval as set forth in this AGREEMENT.
B.Subcontracts.The LESSEE may enter into subcontracts to fulfill its duties
and obligations set forth herein including the delivery of Services;however,subcontracting of
Work shall not relieve the I ESSEF of its respective responsibilities,obligations.and liabilities
under this AGREENIENT..111 agreements to subcontract Work shall be in writing and must
contain all pertinent provisions and requirements of this AGREFINIENT.Upon request,the
I TSSEF shall furnish to the I )()T a copy ()leach subcontract.
I ESSE-E to he the sole point of k
NI:imager shall oversee arid have (
procurement.Installation itid
I c :“■:1 Aytut.:,1:r)t
In the event the 1 rSSI"'s suhcontrartors.the D(■N.ill consider the
tact with regard to all matters,Flue L[SSEli's Project
rnplctc responsrbilltv tor the erotic project.including.the
I the Services ino%idcd is C01111)CIISatIOII,WI
the L ESSE+cmplo bcontractors to car-iv out !he Wr.)rk or ',illy 111",111',ftTilleill orcar cle erg-
SCP,Ceti liii:bons.
XIV.Indemnification from Liability
The LESSEE covenants and agrees to defend.indemnify and hold harmless the DOT and
all of the DOT's officers.agents and employees from any claim,demand,suit,action.judgment,
expense or loss,including but riot limited to attorneys'fees,response costs,or costs of taking
corrective action.suffered or incurred by the DOT for or on account of:(1)personal injury
(including personal injury resulting in death)to an employee or agent of the DOT,or of the
LESSEE,or any other person or persons.(2)damage to property,or (3)for any other claim
demand,suit,action arising or asserted to have arisen as a result of or incident to,the
performance or omission by the LESSEE,its employees,contractors,subcontractors and agents,
of its obligations set forth in this AGREEMENT and at law and including,without limitation.
design,construction,operation,maintenance and management of LESSEE's
Telecommunications Facilities;or arising because of the LESSEE's and Sublessee/Licensees'use
or occupancy of the Demised Premises throughout the term of this AGREEMENT,except that
the LESSEE will not he liable for damages arising out of injury or damage to persons or property
solely caused by or resulting from the sole negligence of the DOT or any of its officers,agents or
employees.
The LESSEE's obligation to defend,indemnify and pay for the defense or at the
DOT's option,to participate and associate with the DOT in the defense and trial of any claim and
any related settlement negotiations,shall he triggered by the DOT's notice of claim for
indemnification to the LESSEE.The LESSEE's inability to evaluate liability or its evaluation of
liability shall not excuse the LESSEE's duty to defend and indemnify within seven (7)days after
such notice by the DOT is given by registered mail.Only an adjudication or judgment after the
highest appeal is exhausted specifically finding the DOT solely negligent shall excuse
perfo ance of this provision by the LESSEE.The LESSEE shall pay all costs and fees related
to this obligation and its enforcement by the DOT.The DOT's failure to notify the LESSEE of a
claim shall not release the LESSEE of the above duty to defend and indemnify,but LESSEE
shall not be liable for any additional damages attributable to the DOT's failure to timely notify
the LESSEE.This indemnification is capped and limited to the amount of this AGREEMENT.
The LESSEE,shall immediately send to the DOT a copy of any summons,
subpoena,notice or other documents served upon or received by the LESSEE,or any agent,
employee or representative of the LESSEE,arising in airy manner from the per lot-mance of this
AGREEMENT or due to the I.1--SSI:rs use of the Demised Premises or any part thereof.
XV.Dchwilt
No Waiver.
covcrunits or conditions herein cont:
a %VaiVCI H SlICCUC(1111 breach
cr by DOT hereto of any breach of any ns,
‘(!.to be per formed by the L b`..-;Sh b.shall be construed as
carne or any other covenant or condition.
[-vents cif Default.The occurrence 01 any one or more of the
Following events shall constitute a "Default"by the LESSEE,which shall give rise to the DOT's
remedies set forth in XVI.below:I he LESSEE fails to compensate the DOT as provided herein;
LESSEE fails to perform the Work with sufficient workmen and equipment or with sufficient
materials to assure the prompt completion of the Work in accordance with the approved
schedule,or per fomis the Work unsuitably or neglects or refuses to remove materials after notice
by the DOT or to perform anew such Work as may be reasonably rejected as unacceptable and
unsuitable,or fails to timely complete relocation Work;or abandons a Telecommunications Site,
or becomes insolvent or is declared bankrupt,or files for reorganization under the bankruptcy
code,or COMIllitS any act of bankruptcy or insolvency,either voluntarily or involuntarily,or
allows any final judgment to stand against it unsatisfied for a period of sixty (60)calendar days,
or makes an assignment for the benefit of creditors or fails to inaintain the Letters of Credit
and/or Performance and Payment Pond as required herein,or makes a material misrepresentation
or omission in any financial materials or other materials submitted by LESSEE to the DOT or
fails to perform any of the duties or obligations of this AGREEMENT,or for any other cause
whatsoever,fails to perform the Work in a reasonably acceptable manner.
C.Notice of Default.The DOT will give notice in writing to the LESSEE of
all events of Default.If the LESSEE,within a period of ten (10)business days after the written
notice described above (the "Cure Period"),has not corrected the conditions of which complaint
is made,or commenced to correct and preceded to diligently prosecute such correction,the DOT
shall have full and unilateral power and authority,without violating the AG -EMENT to avail
itself of the remedies set forth in section XVI.
XVI.Remedies
If a Default occurs,and after applicable notice and Cure Periods,the DOT shall have all
rights and remedies allowed by law and under any other provision of this AGREEMENT as well
as the rights and remedies set for th below.All rights and remedies available to the DOT shall be
distMet,separate and cumulative.
A.Completion of Construction Completion of Removal or Relocation by thc DOT.
In the event the LESSEE.is in Default because constniction or removaLrelocation of a
Telecommunications facility is not substantially complete in accordance with the requirementsofthisAGKEL\IIHNT,the DOT may draw down on the Constr-uction better of Credit or
Construction Escrow Account,as applicable,or the Removal/Relocation Letter of Credit,
respectively,and complete or cause to be completed the required construction or
FC1110Val:ICIOCatlun Work with respect to a I L'kC011111111111CatiOrIS Facility.I he DC El will have full
power and authority to appropi late or use any or all mater MIS and equipment on the site which
I va,e and (4■<.113,1n1 A ss;,
arc suitable and acceptable.and inav tinier into an agreemcnt
the \Vork under this ACilZPI:NIFN1-.or may use other methods
arc ',Alined for the completion of the \Voik in an acceptable 111;011.
incurred 1w the DOT because of the I.FSSPIF's Default.including the e
Wolk under the MiRFFIN11:INT.shall be charged against the I I-SSF F.
s free the comple .11 of
in Me opinion of the DM
All costs and charges
oats of completing the
13.Failure to Perform.In the event the LESSEE is in Default because of its failure to
perform any of its duties and obligations set out in this AGREEMENT at one or more of the
Telecommunications Sites other than its obligations set out in section VIII.and continues to be in
default after the Cure Period.the LESSEE shall contract with a qualified management entity,
subject to the written consent of the DOT which consent will not be unreasonably withheld,to
carry out all of the duties and obligations under this AGREEMENT except for LESSEE'S
financial obligations to DOT including,compensation and the maintenance of the
Removal/Relocation Letter of Credit and the Rental Letter of Credit.LESSEE shall he liable for
all costs associated with the management of the AG 'EMENT by a Management Entity.To
guarantee the payment of such costs,the LESSEE shall,at the time of its contracts with the
management entity,establish an irrevocable standby Letter of Credit (the Management Letter of
Credit)in favor of the DOT which meets the requirements of Chapter 14-116,Florida
Administrative Code,in the form and substance of Exhibit D and in an amount equal to the
management fees for each year commencing with year one and,as may be required,increasing
the Management Letter of Credit for each succeeding year.The LESSEE acknowledges that its
contract with a Management Entity does not act as an assignment of its duties and obligations
under this AGREEMENT.
C.Termination.If after written notice by the DOT and Cure Period,the LESSEE
fails to contract with a management entity,or such management entity fails to comply with its
duties and obligations hereunder,or LESSEE fails to comply with section VIII.,or fails to
comply with other financial obligations set out in the AGREEMENT,this AGREEMENT shall
be terminated upon thirty (30)days written notice to LESSEE by DOT.
The LESSEE acknowledges and agrees to indemnify and hold the DOT harmless from
claims by any of its subcontractors or any Sublessee/Licensee for loss of anticipated profits that
fail to he realized or claims based on the cessation of services caused by the termination of this
AGREEMENT.Further,the LESSEE acknowledges and agrees that upon termination of the
AGREEMENT the Telecommunications Facilities owned by the LESSEE become the property
of the DOT,at no cost to the DOT.and such ownership does not constitute a forfeiture.
D.Right of Re-entry.The I .ESSEE acknowledges and agrees to the 's
immediate right (Arc-entry of the Demised Premises upon the expiration or earlier termination of
this AGRFIA1FNI.
XVII.Miscellaneous
1-C .2 'dr d Operziting Ay-ccment
PaviiientAi Tolls.All vLhic es required by the I ESSEE to service,supply,
in pLcr or oilycyisvisc conduct its operations,including vehicles operated by employees andfor
suppliers and iliqiibutors,commuting to and from the Demised Piemises shall pay such tolls as
arc prescribed by the 1)0T or transpoi ration authority.
R.Advertlsrng,Sierts.No advertising signs of any kind will be allowed on the
Demised Premises.
Ordinances,Licenses and Permits.
I.The LESSEE shall comply at all times with all federal,state,and local laws
and ordinances,rules and regulations concerning building design and construction/installation,
safety,health.fire codes,sanitary codes,employee license requirements,and all other legal
requirements that may be applied to the LESSEE as a result of this AGREEMENT.
2.The LESSEE,at its sole expense,will obtain and maintain all permits and
licenses necessary for the construction/installation,operation and maintenance of the
Telecommunications Facilities and to conduct its business under this AGREEMENT,including,
but not limited to,all local zoning permits and all requirements of the Florida Public Service
Commission,FCC and FAA,as applicable.
3.The LESSEE agrees and warrants that in the performance of the
AGREEMENT,it will not discriminate or permit discrimination against any person or group of
persons on the grounds of race,color,sex,religion,or national origin in any manner prohibited
by the laws of the United States or the State of Florida.
D.Construction Carried Out by the DOT.It is expressly understood and agreed by
the LESSEE that the DOT shall have the right at any time during the to of this AGREEMENT
to make roadway improvements which may affect the Demised Premises.Prior to construction
of such roadway improvements,the DOT will provide adequate notice to the LESSEE to allow
for an orderly relocation of its Telecommunications Facilities,if relocation is necessary as set
forth in section VILE.During any such constriction the LESSEE acknowledges and agrees that
there shall he no reduction in compensation to the DOT,and that the DOT shall be under no
obligation to the LESSEE for any monetary losses of the LESSEE or those of any party claiming
by or through the LESSEE associated with any work carried out by the DOT or its contractors
during such roadway improvements.
E.Safety.Any construction installation of the LE:SSE-F.'s Telecommunications
facilities and any installation,maintenance.repair and operation of the .I-clecommunications
Facilities or Communications Equipment shall he performed and at rxTed in a manner which
will not inter fere with DO1's use (Attie .Transportation Facilities with respect to the convenient,
safe and continuous use,or the mitinftnance and improvement,of the public roadways located on
or adjacent to the I )einised Premises and in accordance with the terms of any special permits
issued for constriction arid maintenance of the CICC011111111IIICanOlIS Facilities governing,
r.,,f )1.,1,11ir,2 A et-Itc,t
LESSEE's means of access to a Telecommunications Site and conduct while on a Transportation
Facility or other safety-related matters
F.W rranty.of E,.The LESSEE warrants that it has not employed or retained
any company or person,other than a bona tide employee,professional or consultant working for the
LESSEE,to solicit this AGREEMENT and that it has not paid or agreed to pay any company or
person,other than a bona fide employee,professional or consultant working for the LESSEE,any
fee,commission,percentage,brokerage fees,gifts or any other consideration contingent upon or
resulting from,the award or making of this AG EMENT.For breach or violation of this warranty,
the DOT shall terminate and cancel this AGREE without incurring any liability therefore.
G.N i .All notices,demands,or other writing required to be given or made or sent,
or which may be given or made or sent,by either party hereto to the other,shall be deemed to have
been fully given or made or sent when made in writing and either personally delivered by hand or by
a nationally recognized overnight courier or deposited in the United States mail,registered or
certified and postage prepaid,and addressed as follows:
To DOT:Secretary,DOT
605 Suwannee Street
Tallahassee,FL 32399-0450
Copies to:DOT General Counsel
605 Suwannee Street
Tallahassee,FL 32399-0450
To LESSEE:
Copies to:
Lease and Operating Agretvinent 33
Lodestar Towers,Inc.
218 U.S.highway 1
Suite 300
Tequesta,FL
ATTN:Paul W.Scott
Byrne,Crosby
8 King Street East
Suite 1600
Toronto,Ontario,Canada M5C 1B5
AT :Thomas Byrne
The address to which any notice,demand or other writing may be given or made or sent to
any party as provided above may be changed by written notice given by such party as above
provided.
H.n i n.This AGREEMENT and all rights and obligations arising thereunder
shall be governed by and construed in accordance with the laws of the State of Florida.
I.F r NI •r In the event that the LESSEE's operations hereunder shall be
interrupted,or prevented,by reason of Force Majeure,the LESSEE shall be excused for that period
of such delay or interruption.
J.En it A n-m n .This AGREEMENT,with all exhibits and amendments,contains
the entire understanding of the parties with respect to the matters covered by this AGREEMENT,
and no other agreement,statement or promise made by any party or to any employee,officer,or
agent of any party which is not contained in this AGREEMENT shall be binding or valid.
K.Sevcran erlause.Any portion of is AGREEMENT declared invalid shall he
s;.:vered from the remainder.which shall then be read Icpendently of the stricken poition.
L.Venue.I he parties to this AGE EIMEN'F hereby understand and agree that the venue
for matters or disputes that may arise as a result of this AGRFEN1ENT shall he in I con County,
Florida.
M.Effect of Government Reoulations.The LESSEE.shall comply with all current or
future state and federal governmental regulations relating to the construction/installation,
maintenance and operation ofFESSEE's Telecommunications Facilities and installation of
Communications Equipment on DOT Telecommunications Facilities or DOT Structures,and
maintenance of the Demised Premises.
N.Amendments.No provision of this AGREEMENT may be amended or added to
except by an agreement in writliqr swned by the parties hereto.
0.Public Records.The DOT shall have the right to unilaterally cancel this
AG .EMENT for refusal by the LESSEE to allow public access to all documents,papers,letters
or other materials,subject to the provisions of Chapter 119 and Section 8I2.081,Florida
Statutes,and made or received by the LESSEE in conjunction with this AG EMENT.The
LESSEE agrees that it shall make no statements,press releases or publicity releases concerning
this AG ENIENT or its subject matter or otherwise disclose or permit to he disclosed any of
the data or other information obtained or furnished in compliance with this AGREEMENT,or
any particulars thereof,during the period of the AGREEMENT,without first notifying the DOT
and securing its consent in writing.The LESSEE also agrees that it shall not publish,copyright
or patent any of the data furnished in compliance with this AGREEMENT,it being understood
that such data or information is the property of the DOT.
P.Intellectual Properly.Neither party shall have or acquire hereunder any right
whatsoever in any intellectual property right (e.g.,patent,copyright,mask work,trademark,trade
name,logo,trade secret,service mark,or know-how)of the other party as a result of this
AGREEMENT,and nothing in this AGREEMENT is intended or shall be construed as a transfer,
grant,license,release or waiver of any intellectual property right of either party,in any country.
Q.Section 287.133(3)ta),Florida Statutes.Section 287.133(3)(a),Florida Statutes,
requires that the LESSEE he informed of the following provisions of section 287.133(2)(a),
Florida Statutes:"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a contract to provide any
:.00ds or services to a public entity.may not submit a bid on a contract with a public entity for
the constriction or repair of a public building or public \vork,may not subunit bids on leases of
real property to a public entity.may not he awarded or perform work as a contractor.supplier.
subcontractor,or consultant under a contract with any public entity.and may not transact
business with any public entity in excess of the threshold amount provided in section 287.1/17.
I ca.--e :old men;
F.S.„for C,negory
convicted vendor I st
R.liic _Ali ens.he IOWf shall consder the employment by the LESSEE of
unauthorized ahem;a violation of section 27-1(e)of the lmmiriration and Nationalization Act.
Such violation shall be cause for unilateral cancellation of this AGREENIEN.F.
I of six (‘.Of months From the date or benb,:',placed on the
S.Ri,hts of Third Parties.This AGREENIENT shall not create any third party
beneficiary hereunder.nor shall this AGREEMENT authorize anyone not a party hereto to
maintain a suit against the DOT pursuant to the terms of this AGREEMENT.
T.Successors and Assigns."[his AGREEMENT shall be binding upon the
successors.assigns and legal representatives of the LESSEE and the DOT.
(loon .ct of Law.In any instance of conflict arising out of the interpretation of
federal,state and local laws governing the siting,construction,operation,maintenance and
management of the Demised Premises,the most stringent will govern.
V.DOT Document Approval.Approval by DOT of any documents required to be
submitted by the LESSEE under the terms of this AGREEMENT does not create any liability on
the part of DOT for the suitability or adequacy of such submittals.
W.Exhibits and Submittals.All Exhibits attached to this AG 'EMENT are made a part
hereof as if fully copied herein.All submittals required to he submitted by the LESSEE that are
approved by DOT are by reference made a part of this AGREEMENT as if fully copied herein.
X.Time is of the Essence.Time is of the essence of this AGREEMENT,and of each
and every covenant,teen,condition and provision hereof.
Y.Condition Precedent.The inclusion in this Agreement of property owned by the
Trustees of the Internal Improvement Trust Fund and leased by DOT is contingent upon the
execution of an agreement between the I )OT and the Department of Environmental Protection.
,rid (Cpt:ra:ing
IN WITNESS WHEREOF,the parties hereto have caused these presents to he executed
in their respective names the day.month and year first above written.
LODFSTACTOWERS INC.
By:r tcc..
Authorized Si,iature If individual furnish two witnesses:
C,,ir
Title:.,,/t,0-?-e'_l,'.
s 0 )
STATE OF FLORIDA
COUNTY OF PALM BEACH
Si,ire of Nota
Wit ess (2i)
The foregoing instrument was acknowledged before me this 23rd day of February,1999,
by Paul A.Dickie as President for Lodestar Towers,Inc.whom is X personally
known or produced identification type of
identification produced.
NICOLE WAGNER
MY COMMISSION CC 753884
EXPIRES:June 23,2002Bx,c4e4 m2 NotHy rublic un
Stamp of Commissioned Notary Public
FLORIDA DEPAR-IMENT OF TRANSPORTATION
B.
_Thomas F Barr
WITNESSED:
STATE OF FLORIDA
COUNTY OF LEON
I IFREBY CERTIFY that on this day,before me,an officer duly authorized in the State of
Florida aforesaid and in the County aforesaid to take acknowledgments,personally appeared
Thomas F.Barry.Jr.,well known to me to be Secretary of the Florida Department of
Transportation,who is personally known to me,and that he acknowledged executing the same on
behalf of the State of Florida in the presence of two subscribing witnesses freely and voluntarily
under authority duly vested in him by said State.
WITNESS my hand and official seal in the County and State last aforesaid this
,1999.
Contract(
I t'a',e (
S rice Office
•,t
SCCRI3I-V
4,
0-7 1 "()—
Florida Department of—Fransportation
Comptroller's Office
r2-4
,ignature of Notary
//7/,/,
FOR DOT USE ONLY
General Counsel's Office
Name of Notary
Commission Number:CL7 `;';:--6.
My Commission Expires._\,/'r—-,,
(ay of
A -SitinLr Criteria and -Fechnical Specifications
B DOT District Information
C -Required Submittals
D -Construction Letter of Credit form
F -Construction Escrow Account form
F -Current ITS Ini es
H
L case and dlperdind7 Atnecrnent
Right of Way Marrarement Plan
Compensation Schedule
Services
LIST OF EXHIBITS
The Location of District Office Buildings,Maintenance Yards,Subyards and
Construction Yards
EXHIBIT A
TECHNICAL SPECIFICATIONS
ENERAL A-4
NEW TELECOMNIUNICATIONS FACILITIES A-4
LI Acceptable I °ea ons A-4
Limited Access Facilities A-4
0 Mainline A-5
0 Interchange Areas A-5
1.1_2 Rest Areas A--
1.1.3 Weigh Stations A-5
1.1.4 Service Plaias A-5
1.1.5 Excess Property A-5
1.2 Technical Considerations A-6
1.2.1 Future Roadway improvement Projects A-6
1.2.2 Tower Design A-6
1.2.3 Tower Lighting A-7
1.2.4 Tower Strength A-7
1.2.5 Design Standards A-7
1.2.6 Clear Zone Preservation A-7
1.2.7 Fencing,A-7
1.2.8 Waveguidc Ladder A-8
1.2.9 Compound Gravel A-8
1.2.10 Criteria for Tower Placement and Site Access A-8
1.2.11 Equipment Enclosure A-9
2 EXISTING DOT TELECONINIUNICATION SITES A-9
2.1 Available Facilities A-9
2.2 Technical Considerations A-10
2.2.1 I ovv er Strength Review A -10
Site iroundm,'A-I6
22.3 Fencing A-1 I
faSe and )1>cr:it fig AgrecmerA Exhibit A-1
Site Access A-11
Vertical Requirements ,\-11
2.7.0 Maintain Existing Communications A-11
Clear /one Preservation -11
Equipment Enclosure A-12
3 OTHER EXISTING FACILITIES A-12
3.1 Available Facilities A-12
3.1.1 High Mast Light Standard A-12
;I.?Traditional Roadway Lighting Standards A-12
3.1.3 Firid{-_,c Structures A-12
3.1.4 Sign Supports A-12
3.1.5 Buildings A-13
3.2 Technical Considerations A-13
3.2.1 Strength Review of Existing Structure A-13
3.2.2 Structure Replacement Criteria A-13
3.2.3 Fencing A-13
3.2.4 Site Access A-14
3.2.5 Equipment Enclosure A-14
3.2.6 Clear Zone Preservation A-14
4 MISCELLANEOUS REQUIREMENTS A-14
4.1 Backup Power A-14
4.2 Generator Fuel Tank Protection A-14
4.3 Site Grounding (Lightning Protection)A-14
4.4 Damage Mitiation A-15
4.5 Primary Power.Phone and Other Utilities A-15
4.6 Site Visits A-15
4.7 Equipment Requirements A-15
A !,,TCCM,7■1 110111,11 A-2
APPENDIX A Clear Zone Requirements
APPENDIX B Available Existing 'lowers
I ease and Op..-r-Jtmg Agreement Exhihrt A-3
GENERAL
These Guidelines address locations where the DOT will allow the construction of new
telecommunications facilities as well as specifying other DOT Property that may be available to
mount communication equipment.
Additionally,this document provides technical information and requirements for construction of
telecommunications facilities and the installation of communications equipment on DOT right-
of-way.DOT telecommunication facilities and other DOT Property.
1 NEW TELECONINIUNICATIONS FACILITIES
This section addresses the installation of telecommunications facilities on DOT limited
access rights-of-way and other DOT Property where DOT telecommunications facilities do
not presently exist.The guidelines found within this section Nvill also apply to the utilization
of existing DOT telecommunications facilities where the tower must he replaced to
accommodate the additional loadiri.(s).
1.1 Acceptable Locations
The DOT has approximately 2000 miles (3225 kilometers)of limited access rights-of-way
which could potentially provide sites to locate telecommunication facilities as well as other
property that could prove suitable to support telecommunication facilities.This section
delineates those locations where the DOT would consider allowing the installation of
telecommunications facilities.The DOT,however,retains the authority to disapprove any
site should that site he deemed inappropriate for a telecommunication facility.Frequency
interference,public safety and aesthetics are some issues that could cause the DOT to deem a
site as inappropriate for the construction of a telecommunication facility.
1.1.1 Limited Access Facilities
Locating towers within the rights-of-way of limited access facilities will provide the most
opportunities for the installation of telecommunication facilities.Limited access in this
section refers to Interstate highways as well as highways operated and managed by the
Florida Turnpike.Locations within limited access rights-of-way where the installation of
telecommunication facilities may he considered fall within two areas.These areas include
rights-of-way adjacent to the mainline as well as rights-of-way associated with interchanges.
ex.e and Orcrdtinp Artecrntrit Exhibit A-4
n Mainline
'Felt:communication facilities may he allowec
The facility shall be located at the farthest point from the edge of pavement as possible.
o Interchange Area
Telecommunication facilities may be allowed either within the ramps (infield areas)or
outside the ramps between the edge of pavement and the rights-of-way fence line.For
telecommunication facilities located in thc infield,the facility should be located on dry
ground that allows for the most direct access to the site.For sites outside the ramps,the
telecommunication facility should he located at the farthest point possible from the edge
of pavement.No facilities will be allowed within interchanges between limited access
facilities.
1.1.2 Rest Areas
Due to the efforts that have been made to landscape and enhance the appearance of buildings
and other facilities in rest areas,consideration of rest areas will he made on an exception
basis.Telecommunication facilities that are allowed within rest areas will be located so that
they arc adjacent to the back property line or in an otherwise secluded portion of the rest area.
The facility would be located so that natural vegetation found within the rest area hides the
compound from view,as much as possible.
1.1.3 Weigh Stations
Telecommunication facilities may be allowed within the weigh station area adjacent to the
property line (rights-of-way line).The facility shall be located at the farthest point from the
edge of pavement as practical.Weigh stations have been undergoing improvements and
before a weigh station site is proposed,coordination with the Motor Carrier Compliance
Office would he advisable to Bete ine the sites feasibility.
1.1.4 Service Plazas
Towers may be allowed within service plazas along the Florida Turnpike.Each service plaza
is unique hut,in general,the tower shall be located as far away from the center of activity of
the plaza,in particular the Service Station,as possible.
1.1.5 Excess Property
Telecommunication Facilities may he allowed on excess property owned by the DOT that is
large enough to support the facility.Access to the telecommunication facility shall not he
from the limited access facility mainline.Parcel locations can he determined by calling the
appropriate DOT District Rights -of-Way Office.
Lease and Oiscrating Arrecmciii Exhibit A-5
ong the mainline between interchanges.
1.1.6 Alaimcnance Yards
Telecommunications Facilities may he allowed in DOT maintenance yards and suhyards.
'the location of the Telecommunications Facility within each yard or suhyard property shall
be such that the vard's security is maintained.The decision on the availability of any
maintenance yard or subyard would be made on a case by case basis.
1.2 Technical Considerations
s section address the technical information and requirements that must be considered
andior addressed when constructing telecommunication facilities on DOT limited access
rights-of-way and other property where DOT communication facilities do not presently exist
or where an existing DOT lower must he replaced to accommodate the new
telecommunication facility.
1.2.1 Future Roadway Improvement Projects
Telecommunication facilities constructed on DOT rights-of-way shall not impact the DOT's
ability to implement capacity improvements to the State I fighway System nor affect the
DOT's ability to utilize other DOT owned property in the future.information regarding the
DOT's construction program is found in the live -year work program,which represents
projects currently funded,the 10 year interstate program and the year 2020 cost feasible plan.
The five-year work program can be purchased from the DOT Maps and Publications Office.
The 10 year Interstate Plan and the 2020 Cost Feasible Plan can be acquired from the DOT
Planning Office.
Additionally the DOT is developing an RFP to locate fiber optic cable with in the same
rights-of-way that telecommunication facilities may be allowed under this RFP.The
placement of telecommunication facilities shall not affect the ability to locate the fiber optic
cable within the rights-of-way.The cable will be located in a corridor approximately 10 feet
(3 meters)wide adjacent to the rights-of-way line on one side of the roadway only.To avoid
any conflict with the fiber cable,no construction will he conducted in the fiber corridor.
Telecommunication facilities proposed for other DOT property cannot interfere with
improvements that might he in progress or planned.
1.2.2 Tower Design
Due to limitations on DOT rights-of-way and property to support a telecommunication
facility,only self supporting,towers will be considered.For this dOCUMCIli,the term tower
would also include the mono-pole.For sites where an existing DOT tower would have to be
replaced,the replacement tower shall not be a mono-pole and shall he of solid leg design.
e c and (mg Aytucnskrnt hIbit A 6
materials,including posts and braces.shall he metal and he in accordance with Section 966-
1,Type B.fencing and construction standards shall be in accordance with Section 550-4;
both delineated in the referenced 1)0T specification and Index Number 452 of the FDOT
Roadway and Traffic Design Standard booklet.
The basic fence height shall be a minimum of 6 feet (1.8 meters)and shall be topped with
barbed wire in accordance with Section 966-3 of the referenced FDOT specification.In
addition,the fence fabric shall be fastened to a horizontal fence pole at the top of the fence.
The fence shall include a gate made of the same material as the fence.
For interstate sites where access is from the adjacent property,the existing rights-of-way
fence shall be tied into the corner posts of the compound security fence so that access to the
rights-of-way from adjacent property remains restricted.Access to the telecommunication site
from the interstate rights-of-way will not be allowed unless an exception is approved by the
DOT and the Federal highway Administration.
All fencing must be grounded for safety reasons.
1.2.8 Waveguide [,adder
The waveguidc ladder,if applicable,shall be sufficiently sized to accommodate all tower
users.
1.2.9 Compound Gravel
The fenced compound area at all new sites shall be treated with an approved herbicide,
covered with weed prevention material (6 mil plastic sheets)then gravel or crushed rock
applied to the area such that mowing and other maintenance requirements are minimized
unless otherwise approved by the DOT.The gravel or crushed rock shall not exceed 3 inches
(75 mm)in diameter,so that foot traffic is not difficult.
1.2.10 Criteria for Tower Placement and Site Access
The telecommunications facilities located on limited access facilities will be located as far as
practical from the roadway and close to the rights-of-way fence,if applicable.Buildings and
other above ground appurtenances will be located immediately adjacent to the tower.In no
case will stnictures be located within the clear zone.The preferred locations in descending
order of preference with required access method,are listed below:
Along the mainline,as close as practical to the rights-of-way fence,with access from
outside the rights-of -way.
Within weigh stations.with access from the parking lot or ramps_
Within Interchange areas with access from outside the limited access rights-of-way and
connecting ramps (e.g.access is from frontag,e toads or crossroads).
lca,c and Opri rig A Trncnt Lxildid At
1.2.3 Tower Lighting
For towers that must he lighted,medium intensity white lighting will not be approved for
nighttime operation for locations that fall within urban areas.Any combination of lighting
that presents the red beacons at night is permissible.Medium intensity white light is
pet missible in rural areas and the DOT prefers that the tower not be painted.Replacement
towers for DOT telecommunication sites shall be dual lighted and not painted.
1.2.4 Tower Strength
Towers must he designed to support antenna arrays (including side arms)to accommodate a
minimum of three different telecommunication companies and antennas to support the
DOT's 47 MI IZ land mobile radio system and DOT's 45 MHZ radio system operated by the
DOT's Motor Carrier Compliance Office.For free standing towers not of mono-pole design,
the towers shall also be designed to support two 8 foot (2.4 meter)solid microwave dishes.
For planning purposes,the DOT's 47 and 45 MHZ antennas should be considered as top
mounted.Should it be impossible to locate the DOT's 47 and 45 MHZ antennas at the top
they should be considered as being mounted as high on the tower as possible.
For growth,the towers will be designed for a minimum of 30%more capacity.
1.2.5 Design Standards
Towers,foundations and anchors (if applicable)shall be designed to meet or exceed the
requirements of EIA Standard RS-222-E or latest revision,ASCE-7 plus applicable
manufacturer's instructions and standard practices.Local structure design standards may
apply if they exceed EIA or ASCE standards.
1.2.6 Clear Zone Preservation
In all cases,towers,buildings,and other types of above ground appurtenances will be located
as far from the roadway as possible.Appendix A indicates the clear zone requirements as
found in the DOT's Plans Preparation Manual.A minimum of 50 feet (15 meters)should be
the standard where possible.Above ground appurtenances will not he placed in locations that
require new barriers to maintain a safe clear zone.
1.2.7 Fencing
Fencing shall be 'hype B (chain link)as specified in Section 550 of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction,1991.The fencing
ease and 01-K-rating Ariceincnt Exhibit A-7
Within interchange areas with access from the right side of the ramp_This does not
include loop ramps (see number 6).
Within interchange ramp infield areas,with access from left side of the ramp.
(6'Within interchange areas,inside loop ramps,with access from the ri rht side of the ramp.
(7)Within aesthetics areas such as rest areas or welcome centers,with access from the
parking lot or ramps.Due to the considerable expenditures incurred to landscape and
enhance the appearance of buildings and other facilities,these areas should be avoided if
possible and used only as a last resort.
The access criteria as stated above applies to access during construction of the
telecommunication facilities as well as access after construction is complete.Access from the
mainline for construction,expansion,routine servicing,or maintenance will not be allowed.
Additionally,existing control of access points and location of the rights-of-way fence will he
maintained.Access through the rights-of-way fence for telecommunications facilities located
off the rights-of-way will not be allowed.Telecommunication facilities located along the
mainline will he enclosed by a fence tied into the existing fence so as not to break the control
of access.Access to these areas will be through a gate from the adjacent property.
1.2.11 Equipment Enclosure
Equipment enclosure requirements can be tailored to meet the equipment needs at a
telecommunication site.Either one walk-in shelter and/or weatherproof cabinets will be
permissible.Should a walk-in shelter be necessary to house the needed equipment,it shall
he aesthetically pleasing with a aggregate finish colored in earth tones to blend in with the
surroundings.For new tower locations the walk-in shelter,if used,must be sized to
accommodate the equipment demands of three separate users at the telecommunications site.
Bullet resistive equipment shelters or weather proof cabinets are not mandatory.However,
the DOT is not responsible for loss due to vandalism.The DOT's bullet resistive
requirement stipulates that the enclosure surface shall be capable of stopping a .30-06 caliber
high power rifle bullet at 25 feet (7.6 meters)in accordance with the procedure listed in UL-
752.
2 EXISTING DOT TELECONINIUNICATION SITES
This section addresses the requirements for installation of telecommunications equipment on
existing DOT telecommunication sites.
2.1 Available Facilities
The majority of the towers at Dar Telecommunication Sites which are at interstate locations
fall in the 200 to 300 feet (Ott to 90 meters)AGL range and have been designed with reserve
I ease arid Operattng Art ecincnt Exhibit A-9
capacity to support future use of the tower.The towers that have been erected in the DOT
maintenance and construction yards are generally 200 feet and under AGI.,with most havitw
little or no reserve capacity fir growth.Available i0WCE locations are listed in
Appendix B.Utilization of towers located in maintenance yards is subject to yard's existing
security requirements.
A majority of the available towers erected by the DOT that are riot on Turnpike rights-of-way
are free standing towers supported by three legs.A majority of the towers constructed by the
Turnpike are guyed towers.
DOT towers have generally been manufactured by Rohn,Andrews and Central Tower and are
either hollow or solid leg towers.Contact the DOT Traffic Engineering Office for details
regarding available towers.
2.2 Technical Considerations
This section addresses the technical information and requirements that must he consider
and/or address when installing telecommunications equipment at existing DOT
telecommunication sites.
2.2.1 Tower Strength Review
A structural analysis of the tower at DOT telecommunication sites shall be undertaken to
determine the towers capabilities to accommodate the additional loads that will be placed on
the tower.This analysis shall also consider a future load for the DOT's 47 MHZ land mobile
radio system and the Motor Carrier Compliance Office's 45 MILZ radio system as being
existing loads.The 47 MI1Z and 45 N111Z antennas should he considered as top mounted for
analysis purposes.
Towers,foundations and anchors (if applicable)shall be analyzed utilizing the requirements
set forth in EIA Standard RS-222-E or latest revision,ASCE-7 plus applicable
manufacturer's instructions and standard practices.The twist and sway limits at the
microwave mounting points shall not exceed 1/4 the beam width specified for the antennas
installed on the tower under a uniform wind loading of 120 MPII (190 KMPH)and a
temperature range of -12 degrees C to 49 degrees C.
1,1)0
Should the analysis indicate that the tower will riot support the additional loads,the tower
shall he strengthened or replaced iii order to utilize the DOT telecommunication site.
An analysis of the foundation shall also be undertaken to determine if the foundations will
capable of resisting the moments that would cause the tower to overturn.The structural
analysis shall he submitted to the Traffic Engineering Office for review and approval.
rate and t ■peratIng At-pcc-rnera
w;\'`\-off`
Exhihit A-IU
Contact the DOT's Traffic Engineering Office to assist in determdetermining the existing tower
loads.
2.2.2 Site Grounding
'ie existing towers have an extensive grounding system buried a minimum of 21/2 ft (0.75
meters)below ground.The grounding consists of either 1/2 in (13 mm)copper pipe or h2
AWO minimum copper wire radiating out from the tower legs.These copper radials may
extend beyond the fence line but will remain on DOT rights-of-way.Should any grounding
electrodes he severed during installation of and new telecommunications equipment,they
shall be reattached using exothermic bonding techniques (i.e.CADWELD).•
2.2.3 Fencing
Most existing tower locations are fenced.Should telecommunication equipment added to a
DOT telecommunication site not lit completely in the fenced area,the fence may be
expanded to accommodate the added equipment.New fencing shall conforni to the DOT's
standard practice as outlined in the preceding section (1.2.7)and be tied into the existing
grounding system.
The gate for sites where the DOT will he sharing shall he double locked so that each
occupant has a separate key.
2.2.4 Site Access
For locations where existing DOT telecommunication sites will he utilize,access may be the
same as that utilized by DOT Maintenance personnel.However,access is subject to DOT
approval and should access utilized by the DOT not be approved,the access criteria set forth
in Section 1.2.10 shall he adhered to.
2.2.5 Vertical Requirements
Proper separation between antennas shall be maintained and he in accordance with the
manufacturer's recommendations.
2.2.6 IVIaintain Existing Communications
The DO'['s communication capabilities as well as other tower users capabilities must be
maintained during installation of telecommunication equipment at DOT telecommunication
sites.
2.2.7 Clear Zone Preservation
Lcas.e ()rer-,ting .'1gTet.mcni Ekhlbll A -I
Should the fenced area need to he expanded to accommodate additional equipment,the
expansion shall not fall with in the clear zone established for the facility.See Appendix A
for clear Zone requirement.
2.2.8 Equipment Enclosure
A separate equipment enclosure shall he required at existing DOT telecommunication sites.
Either a weather proof cabinet or walk in shelter is permissible.If a walk in shelter is
selected,the shelter can be sized to meet only the proposed equipment needs.
Bullet resistive equipment shelters or weather proof cabinets are not mandatory.llowever,
the DOT is not responsible for loss due to vandalism.The DOT's Bullet resistive
requirement can be found in section 1.2.11.
3 OTHER EXISTING FACILITIES
This section addresses the installation of telecommunications facilities on other DOT
structures that were designed and constructed for purposes other than communications.
3.1 Available Facilities
The DOT has constructed numerous transportation related structures that may be suitable to
support a telecommunication facility.This section delineates these other locations where the
DOT may consider the installation of telecommunication facilities.
3.1.1 High Mast Light Standard
Most every major interchange now has high mast lighting and the trend is to replace
traditional lighting at interchanges with more high mast lighting.With the exception of
interchanges between high speed limited access facilities,high mast lighting poles may be
available for use as a telecommunication site.
3.1.2 Traditional Roadway Lighting Standards
Traditional lighting standards are located generally at erchange areas and may be available
for use as a teleC011111111111Ciiti011 site.
3.1.3 Bridge Structures
I ("X.('and (iperatmr.,Arrecmcnt E\Ilitait A-12
Bridge structures would 1:J.1m:rib:not be available for use as a telecommunication site.Each
request to utilize a bridge structure would be considered on a case by case basis and must be
approved by the State Structures Design Engineer.
3.1.4 Sign Supports
The vertical members of overhead sign supports may be available for use as a
telecommunication structure.'Chose overhead sign supports found on bridge structures would
be considered part of the bridge structure and approval would he determined on a case by
case basis.
3.1.5 Buildings
DOT owned buildings may he available for use as a telecommunication structure.Each
request to utilize a DOT building would be considered on a case by case basis.
3.2 Technical Considerations
This section addresses the technical information and requirements that must he considered
and/or addressed when installing telecommunications equipment at other existing facilities
that could support telecommunications but were not designed specifically for communication
purposes.
3.2.1 Strength Review of Existing Structure
A structural review shall be undertaken to determine that the structure(s)being considered
will have the capabilities to adequately support the loading that will he placed on the
structure.The analysis will consider the appropriate design wind speeds for the location(s)
being considered as denoted in the DOT's Standard Index (index number 9535).
3.2.2 Structure Replacement Criteria
Should a structure he determined that cannot support the additional load,its replacement
may be allowed as long as it is aesthetically similar to the structure being replaced.
For high mast hating poles,the addition of equipment must not interfere with the light
Fixture's ability to lower and raise the lighting array for maintenance.
Any structure that would require the temporary closing of a lane to replace woulk.generally
not he approved.Exceptions would be handled on a case by case basis.
3.2.3 Fencing
rase and Oper.strny Arsccn<<nt Exhibit A-I
Generally,fencing will not he allowed to secure telecommunication equipment at other
existing,facilities that arc not normally utilized for communications.Fencing to secure
equipment may be approved on a case by case basis and only if the equipment will be located
outside the clear zone.New fencing shall conform to the DO'F's standard practice as outlined
in the preceding.section (1.2.7)and he grounded for safety.
3.2.4 Site Access
For locations where other existing facilities will be utilized,access may be the same as that
utilized by DOT maintenance personnel.However,access is subject to DOT approval and
should access utilized by the DOT not be approved,the access criteria set forth in Section
1.2.10 shall be adhered to.
3.2.5 Equipment Enclosure
'Hie equipment enclosure for other existing facilities shall generally be a weather proof
cabinet.Shelters may be permissible on a case by case basis depending on tbe room available.
3.2.6 Clear Zone Preservation
The installation of telecommunication facilities on other DOT structures shall be only on
structures that are outside of the clear zone.Sec Appendix U for clear zone requirements.
4 MISCELLANEOUS REQUIREMENTS
This section addresses the technical information and requirements that are common to all
three sections listed above and must be considered and/or addressed when constructing
telecommunications facilities on DOT property.
4.1 Backup Power
For new telecommunication facilities and existing DOT telecommunication sites,backup
power may be delivered by a onsite generator.For other existing facilities,backup power
shall he delivered generally by means other than an onsite generator.Use of an onsite
generator may be approved on a case by case basis only.Approval of use of a generator at
other existing facilities will be based on aesthetics,available room and safety issues.
4.2 Generator Fuel Tank Protection
Should backup power be provided at a telecommunications site by means of an onsite
generator,the fuel tank shall he located above ground and protected against acts of
vandalism.The fuel tank shall he protected by a bullet resistive wall surrounding the tank
itself.An exception could be granted on a case by case basis and would only he approved
should the telecommunication site be located within an area considered to he secured.
c-asc end t ■prr.itin:?Agreurnetil Exh I b ;I A-14
4.3 Site Grounding (Lightning Protection)
New structures shall adhere to industry standards regarding site zero wring practices and a
total grounding system (Antenna support,equipment enclosure and fence if allowed)will he
constructed that provides ten (10)ohms or less resistance to Earth with the utility ground
disconnected.For existing strictures,the L-rounding scheme shall he integrated in with the
existing ground geometry to minimize potential differences between all points in the
combined system.A site grounding design shall be submitted,for each location,to the DOT
Traflic Engineering Office for review before beginning the installation of the grounding
system.
4.4 Damage Mitigation
Upon completion of a new telecommunication site or upon the replacement of and existing
structure,all disturbed areas that are not incorporated into the telecommunication site arc to
be returned to their original condition.This would apply primarily to new telecommunication
sites,but would apply to any site where heavy equipment utilized in the installation,alters the
surface condition of the ground.Any ground rutted by equipment or otherwise damaged must
he returned to its original condition and the ground cover repaired.For those instances where
this is not possible,the DOT will require an approved mitigation plan.
4.5 Primary Power,Phone and Other Utilities
For new telecommunication sites on DOT rights-of-way,power,phone and other utilities
needed at that site shall he brought to a drop pole on DOT rights-of-way adjacent to the
fence.Power,phone and other utilities will then he run underground to the equipment
shelter/cabinet and related facilities.If the fenced compound is adjacent to the rights-of-way
fence line,power,phone and other utilities should he dropped to inside the compound and
then run under ground to the equipment shelter/cabinet and related facilities.
For existing DOT telecommunication sites and other existing facilities (those sites not
traditionally utilized for communications),power,phone and other utilities will he brought
from an existing drop pole if possible.If it is not possible to utilize an existing drop pole,
power,phone and other utilities will he delivered to the telecommunication site as described
for a new telecommunication site.
Power,phone and other utility runs will not he allowed longitudinally along the limited
access facility on Dar rights -of-way.
4.6 Site Visits
Site visits are encouraged to inspect all potentialal telecommunications sites prior to
developing a technical proposal to become familiar with local conditions or special
I ease and 011{:1J11Fly cnt ‘hrbit A-I S
requirements which may in any manner affect the work to he done or the equipment.
materials,labor and services required.
4.7 Equipment Requirements
All equipment used such as receivers,power supplies,and transmitters must be FCC type
accepted and conform to FCC requirements for minimum electromagnetic radiation.
4.8 FAA Requirements
Any proposer whose proposed construction or alteration will be more than 200 feet in height
above the ground level at its site or the proposed construction or alteration is of greater height
than an imaginary surface extending outward and upward 100 to 1 for a horizontal distance of
20,000 feet from the nearest point of the nearest runway of each public and military airport
shall notify the Federal Aviation Administration (FAA)in accordance with provisions of 14
Code Federal Rculations Part 77,ss 77.13.
As a result of such Notice,any proposed construction or alteration determined by the FAA to
exceed a federal obstruction standard must be pe itted under the provisions of Chapter 333,
Florida Statutes.
Questions regarding these requirements should be referred to the FDOT Aviation Office,Mr.
A.J.Roberts at (850)414-4507.Location of public and military airports are available from
the Aviation Office or the Public Transportation Aviation staff at each District Office.
Federal Notice of Construction forms (FAA Form 7460-1)are available from these FDOT
offices or from any FAA facility.
ease and (mane AFT cement Exhibit A-I6
APPENDIX A
Above clear zone widths arc for side slopes of 1:4 or flatter.Applies to highways with flush shoulders
only.May be in rural or urban locations.
AADT =Mainline 20 years projected annual average daily traffic.
Where accident history indicates need,or where specific site investigation shows definitive accident
potential,clear zone widths shall be adjusted on the outside of curves with flush shoulders
in accordance with attached Table.
Clear zone widths are measured from the edge 011 the traveled way.
1 ease and Op,r.itrng Agreement Exhibit A-17
DESIGN
SPEED
(km/h)
CLEAR ZONE WIDTH (METERS)
>1500 AADT <1500 AADT
TRAVEL LANES AUXILIARY TRAVEL LANES AUXILIARY
&MULTI-LANE LAN ES &SINGLE &MULTI-LANE LANES &SINGLE
RAMPS I ANE RAMPS RAMPS LANE RAMPS
<70 5.4m 3.0 m 4.8m 3.0m
70 7.2m 4.2 m 6.0 in 4.2m
80 7.2m 4.2m 6.0 ln 4.2m
90 9.0 in 5.4 m 7.2 m 4.2 m
X90 11.0 in 7.2 in 9.0 in 5.4 in
EXHIBIT B
DOT DISTRICT INFORMATION
I rase and Operating Agreement ExinInt B-I
District 1 -P.O.Box 1249
Bartow,Florida 33830
Tel:(813)533-8161
Fax:(813)534-7039
Environmental Management Office Ray Nottingham
Right-of-Way Office Tom Small
Permits Office Gary Ewin
Utilities Office Walt Childs
(941)519-2515
(941)519-2405
(941)519-2300
(941)519-2533
District 2 -P.O.Box 1089
Lake City,Florida 32056-1089
Tel:(904)752-3300
Fax:(904)758-0593
Environmental Management Office Scott Johns (904)758-3725
Right-of-Way Office Joc Jordan (904)752-3300 x 3650
Permits Office Torn Dyal (904)758-3700
Utilities Office Vince Camp (904)758-3732
District 3 -P.O.Box 607
Chipley,Florida 32428-9990
Tel:(850)638-0250
Fax:(850)638-6159
Environmental Management Office J mmey Bailey (850)638-0250
Right-of-Way Office Harvey Hayes (850)638-0250 x 302
Permits Office Preston Took (850)638-0250
Utilities Office Hal Gore (850)638-0250
ease and Oper.iling Apermeill Exhibit 13-2
District 4 -3400 West Commercial Blvd.
Fort Lauderdale,Florida 33309-3421
Tel:(305)486-1400
Fax:(305)777-4197
Environmental Management Office Paul Lamp ley (954)777-4345
Right-of-Way Office Sheryl Balogh (954)777-4290
Permits Office Clark Turbeville (954)486-1400
Utilities Office Rocco Deprimo (954)777-4125
District 5 -719 South Woodland Blvd.
Deland,Florida 32720
Tel:(904)943-5000
Fax:(904)736-5475
Environmental Management Office Randy Stafford (904)943-5395
Right-of-Way Office John Gray (904)943-5029
Permits Office George Marek (904)943-5000
Utilities Office Richard Taylor (904)943-5254
District 6 -District Center,1000 NW 111th Avenue
Miami,Florida 33172
Tel:(305)470-4100
Fax:(305)470-5699
Environmental Management Office Mauricio Gomez (305)470-5205
Right-of-Way Office Debora Rivera (305)470-5450
Permits Office Richard Garcia (305)429-5367
Utilities Office James McGetrick (305)470-5231
District 7 -11201 N.Malcolm McKinley Drive
Tampa,Florida 33612
Tel:(813)975-6000
Fax:(813)975-6477
Environmental Management Office Nahid Arasteh (813)871-7390
Right-of-Way Office Joe Thompson (813)975-6495
Permits Office Al Gilbronson (813)975-6000
Utilities Office I lank I I umbert (813)975-6000
ease and (Tpct tit mg Agreement I-Olzhit
Turnpike -1211 Governors Square Blvd.,Suite 100
Tallahassee,Florida 32301
Tel:(850)488-4671
Fax:(850)487-4340
Environmental Management Office Raymond Ashe (850)488-4671
Right-of-Way Office Bob Bush (850)488-4671
Permits Office Bob May (407)826-0860
Utilities Office James Haynie (850)488-4671
Central -605 Suwannee Street
Tallahassee,Florida 32399-0450
Tel:(850)414-5265
Fax:(850)414-5458
Environmental Management Office LeRoy Irwin (850)922-7201
Right-of Way Office Kenneth Towcimak (850)488-2421
Traffic Engineering Office Gene Glotzbach (850)488-4284
Utilities Office Kenneth Weldon (850)414-4364
Maps &Publications Office (850)414-4050
Motor Carrier Compliance Office (850)488-7920
Planning
2020 Cost Feasible Plan Gary Adams (850)922-0435
10-Year Interstate Plan Lorin Krueger (850)922-0447
Tasks/Deliverables
EXHIBIT C
RE UIRED SUBMITTALS
DOT Real Available Space on Available Space
Property DOT on DOT
Telecommunications Structures
Facility
Site Pre-A royal Phase
•Site Sketch ✓✓
•Latitude/Longitude of Proposed Site ✓✓✓
•Aerial Photograph marked with Proposed ✓✓✓
Site
•Nearest Milepost to Proposed Site ✓✓✓
•Description of LESSEEs potential use of ✓✓✓
the Proposed Site
•Number of LESSEEs interested in ✓✓✓
Proposed Site
Site Final A royal Phase
•Loading Diagram ✓✓✓
•Initial Installation Plans ✓✓✓
•Maintenance Of Traffic (MOT)Plan ✓✓✓
•Site Access Plan ✓✓✓
•Damage Mitigation Plan ✓✓✓
•Landscaping Plan ✓
•Site Boundary Surveys ✓
•Grounding Plan ✓✓✓
•Intermodulat on Analysis ✓✓✓
•Structural Analysis ✓✓✓
•Soil Boring Analysis ✓
•FCC I teenses of Potential LESSEEs ✓✓✓
Pre-Construction A proval
•Acquisition of DOT Pennit(s)✓✓✓
•Local Zoning Approvals ✓
Lease and Operatmg Agreement Exhibit C-1
•FlINVA Approvals ✓
DOT Real Available Space on Available Space
Property DOT on DOT
Telecommunications Structures
Pre-Construction A )roval_isontintiett)Facilit'
State Utility Adnunistrator Approval /✓✓
NEPA Approvals ✓
•DOT Approvals /✓,/
•Payment/Per fonnance Bond /✓✓
•Letters Of Credit:Esc_rov,,Accounts ✓✓✓
•Constructioninstallation ✓✓✓
Removal/Relocation ✓✓/
•Insurance
•CPNI Schedule
•Approval of Engineering Drawings by /✓J
DOT
•Access Easement Documentation ✓✓,/
•Other Applicable Permits/Licenses ✓
Post-Construction Phase
•As-Built Installation Dra.
I ease and O crating Agreement Exhibit C-2
STATE OF FLORIDA,DEPARTMENT OF TRANSPORTATION
3717 APALACIIEE PARKWAY,SUITE E,MS 24
TALLAHASSEE,FLORIDA 32311
STANDBY LETTER OF CREDIT NO.
ISSUED DATE
GENTLEMEN:
Exhibit D
FORM LETTER OF CREDIT
WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN
YOUR FAVOR FOR THE ACCOUNT OF COMPANY ,FOR UP TO THE
AGGREGATE AMOUNT OF USS ,AVAILABLE BY YOUR DRAFT(S)AT
SIGHT DRAWN ON BANK ,BEARING THE CLAUSE:"DRAWN UNDER
BANK STANDBY LETTER OF C 'DIT NUMBER ,DATED
AND ACCOMPANIED BY ONE OF THE FOLLOWING STATEMENTS PURPORTEDLY
SIGNED BY THE STATE OF FLORIDA,DEPARTMENT OF TRANSPORTATION
COMPTROLLER OR AN AUTHORIZED REPRESENTATIVE:
1)"THIS DRAWING IS DUE TO DEFAULT IN PERFORMANCE OF CERTAIN
OBLIGATIONS AS REQUIRED UNDER A CERTAIN LEASE AG .EMENT
BETWEEN COMPANY AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR "OR
2)"THIS DRAWING IS BEING MADE BECAUSE WE HAVE BEEN NOTIFIED THAT
THE LETTER OF CREDIT WILL NOT BE RENEWED BEYOND THE CURRENT
EXPIRY DATE AND A SATISFACTORY REPLACEMENT HAS NOT BEEN
PROVIDED AS OF 14 DAYS PRIOR TO THE CURRENT EXPIRY DATE."OR
"THIS DRAWING IS BEING MADE BECAUSE BANK HAS FAILED TO
MAINTAIN TIIE FINANCIAL AND ORGANIZATIONAL REQ MENTS
ESTABLISHED IN RULE 14-116,FLORIDA ADMINISTRATIVE CODE AND A
SATISFACTORY REPLACEMENT HAS NOT BEEN PROVIDED AS 30 DAYS
FOLLOWING NOTICE OF SUCI I FAILURE.
'HIE ORIGINAL LETTER OF CREDIT MUST ACCOMPANY ANY DRAWING.
WE HEREBY ENGAGE WITH YOU THAT YOUR DRAFT(S)DRAWN UNDER AND IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT
WILL BE DULY HONORED IF PRESENTED TO BANK/ADDRESS ON OR
BEFORE DATE OR ANY EXTENDED EXPIRY DATE.
Lease and Operating Agreement Exhibit 1)I
THIS LETTER OF CREDIT SHALT,BE AUTOMATICALLY RENEWED FOR SUCCESSIVE
PERIODS OF ONE (1)YEAR FROM PRESENT OR ANY FUTURE EXPIRY HEREOF
UNLESS WE SEND TILE STATE OF FLORIDA,DEPARTMENT OF TRANSPORTATION
WRITTEN NOTICE OF OUR INTENT TO TERMINATE THE CREDIT;WIIICH NOTICE
MUST BE SENT AT LEAST FORTY-FIVE (45)DAYS PRIOR TO THE EXPIRATION DATE
OF THE ORIGINAL TERM HEREOF OR ANY RENEWED ONE (1)YEAR TERM,BY
REGISTERED OR CERTIFIED MAIL,TO THE COMPTROLLER OF THE STATE OF
FLORIDA,DEPARTMENT OF TRANSPORTATION AT TIIE OFFICE OF COMPTROLLER,
3717 APALACIIEE PARKWAY,SUITE E,TALLAHASSEE,FLORIDA 32311 OR ANY
OTHER ADDRESS SPECIFIED IN WRITING BY THE COMPTROLLER,FLORIDA
DEPARTMENT OF TRANSPORTATION ANT)TO Com an .NOTICE TO
THE STATE OF FLORIDA,DEPARTMENT OF TRANSPORTATION THAT THIS LETTER
OF CREDIT WILL NOT BE RENEWED SHALL BE DEEMED A DEFAULT UNDER THE
AGREEMENT REFERENCED ABOVE.
THIS LETTER OF CREDIT MAY BE CANCELED UPON RECEIPT OF WRITTEN NOTICE
FROM TIIE COMPTROLLER OF THE FLORIDA DEPARTMENT OF TRANSPORTATION
OF IIIS CONSENT TO CANCEL,ACCOMPA 'D BY TIIE ORIGINAL OF 'HIE LETTER
OF CREDIT,OR THE THEN REMAINING BALANCE OF THIS LETTER OF CREDIT MAY
BE REDUCED BY AN AMOUNT SPECIFIED IN WRITTEN NOTICE FROM THE
COMPTROLLER OF THE FLORIDA DEPARTMENT OF TRANSPORTATION STATING
HIS CONSENT TO REDUCE THE BALANCE BY SAID AMOUNT.
WE HEREBY AGREE TO HONOR THIS LETTER OF CREDIT EVEN IF THE
COLLATERAL OR SECURITY FOR THIS LETTER OF CREDIT SUBSEQUENTLY
BECOMES UNAVAILABLE TO US FOR ANY REASON,INCLUDING,BUT NOT
LIMITED TO,ADVERSITIES IN TIIE FINANCIAL CONDITION OF Com an
OR ITS RELATED COMPANIES.
EXCEPT AS EXPRESSLY STATED I IE IN,THIS LETTER OF CREDIT SETS FORTII IN
FULL THE TERMS OF OUR UNDERTA G AND SUCH UNDERTAKING SHALL NOT
IN ANY WAY BE MODIFIED,AMENDED,OR AMPLIFIED BY REFERENCE TO ANY
DOCUMENTS,INSTRUMENT,OR AGREEMENT REFERRED TO HEREIN OR IN WHICH
THIS LETTER OF CREDIT IS REFERRED TO OR THIS LETTER OF CREDIT RELATES,
AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN
BY REFERENCE ANY DOCUNIENT,INSTRUMENT,OR AGREEMENT.
THIS CREDIT IS SUBJECT TO 11IE "UNIFORM CUSTOMS AND PRACTICE FOR
DOCUMENTARY CREDITS,"(1)93 REVISION),INTERNATIONAL CHAMBER OF
CONINIER('E PUBLICATION NO.500 AND TO TIIE PROVISIONS OF FLORIDA LAW.IF
A CONFLICT BETWEEN 'HIE UNIFORM CUSTOMS AND PRACTICE FOR
1 ca‘e and t.)pcd•isIng A gi C-C111C111 Exhibit D-2
DOCUMENTARY CREDITS AND FLO A LAW SHOULD ARISE,FLORIDA LAW
SHALL PREVAIL.
SINCE -LY,
BANK
AUTIIO ED SIGNATU
lease and Operating Agreement Exhibit D-3
Exhibit E
CONSTRUCTION ESCROW ACCOUNT
MEMORANDUM OF AGREEMENT
THIS AGREEMENT,made and entered into this day of 1998,by and between the State of Florida,
Department of Transportation,hereinafter referred to as "DEPARTMENT"and the State of Florida,Depa ent of
Insurance,Division of Treasury,hereinafter referred to as "TREASURY"and ,hereinafter
referred to as the "PARTICIPANT".
WITNESSETH
WHEREAS,the DEPARTMENT will use the following number to identify 's agreement with the parties:
State Project No:,hereinafter eferred to as the "PROJECT".
WHEREAS,the DEPARTMENT and the PARTICIPANT entered into a Lease
Agreement (LA)dated ,1998 wherein DEPARTMENT and the Participant agreed to certain condition
WIIEREAS,the parties to this AGREEMENT mutually agreed that it would he in the best interest of tire
DEPARTMENT and the PARTICIPANT if an escrow account were established to provide cash security to the
Department fur the performance of certain construction obligations of the PARTICIPANT under the LA.
NOW THEREFORE,in consideration of the picinises and the covenants contained herein the parties agree
to the following:
1.An initial posit in the amount of (Dollar amount spelled out)will he made by
the PARTICIPANT into an interest-bearing escrow account.Said escrow account will be opened by the
DEPARTMENT in the name of the Florida De artmcnt of Trans ortation with the Department of Insurance,
Division of Treasury,Bureau of Collateral Securities.Such account will he opened and shall be deemed to be an
asset of DEPARTMENT.
2.Other deposits will he made only by the PARTICIPANT as necessary to cover additional items as
may he required by the LA.
3.All deposits shall be made payable to the De )artment of Insurance Revenue Processin and
mailed to the DEPARTMENT's Office of Comptroller for appropriate processing at the following address:
Florida Department of "Fransportat on,Office of Comptroller
Apalachee Parkway,Suite E
Tallahassee,Florida 32311
ATIN:JPA Coordinator
A copy of the Agreement shall accompany the deposits.
d.The DEPAREMENT's Comptroller andior his designees shall he the sole signatories on the escrow
account with Department of Insurance and shall have sole authority to authorize withdrawals from said account.
rase nd Operating Agreement Exhibit L.-I
S.Unless instructed otherwise by the parties hereto,all interest accumulated in the escrow account
shall remain n the account for the purposes of the construction Work as defined in the LA.
6.The TREASURY agrces to provide written confirmation of receipt of funds to the
DEPARTMENT.
IN WITNESS WHEREOF,the parties hereto have caused these presents to he executed by their duly authorized
officers,and their official seals hereto affixed,the day and year first above written.
PARTICIPANT:
BY:
ADDRESS:
The TREASURY Office further agrees to provide periodic reports to the DEPARTMENT.
PART ICIPAN I 'S FEDERAL TAX LD.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COM PTROL LER
BY:
TITLE:
STATE OF FLORIDA
DEPARTMENT OF INSURANCE,DIVISION OF TREASURY
BY:
TITLE:
ATFEST:
FITLE:
catic and Operating Agreement Faiiihit E-2
Surveillance Services
Roadway-Oriented Surveillance Technolo ies
Video Detecnon/Image processing
Microwave Radar
Ultrasonic Detectors
Loop Detectors*
Wide Area Radar
Toll Violation Enforcement Systems*
Closed-Circuit Television Camera Systems*
Vehicle-Rased Surveillance 'Pechnolo ies
Cellular Telephony*
GI'S Transceivers
Automatic Vehicle Identification (AVI)!Autornatic Vehicle Location (AVE)
Advanced Vehicle Control System (AVCS)
Commercial Vehicle Operations (CVO)
Pavement and Weather Surveillance
Road Weather Information Systems
Traveler Information Services
En-Route Information Technolo ies
Ifighway Advisory Radio*
Variable Message Signs
In-Vehicle Information/Guidance Systems
I ease and Operating Agre
EXHIBIT F
Current and Proposed ITS Initiatives
e t Exhibit F-1
Mayday Calling Systems
I Iandheld Traffic Information Devices
Enter enc Incident Re ortin Technolo les
Motorist .Aid Call Boxes*
Toll Revenue Collection Systems
Electronic Toll Collection Systems*(e.g.,SunPassT")
Communication S .stems/Technolo ics
Honda Fiber Network
Spread Spectrum Radio Technologies
6 Ghz Digital Microwave System*
800 MHz Trunkcd Radio Systems
l�tese systernshechnoloeics are currently deployed.
I „case and Operating Arteernent Exhibit F-2
FFN RIGHT-OF-WAY MANAGEMENT PLAN
EXHIBIT C
RIGHT-OF-WAY NIANAGENIENT PLAN
This material is an excerpt from a document for the proposed Florida Fiber Network (FFN)procurement
currently under development by the DOT.The objective for this Exhibit is to advise the LESSEE,
Sublessees,and any of their subcontractors of either currently planned or anticipated future DOT projects
that may have an impact on site placement or site construction activities.Cross-references to other Sections
or Appendices made herein are relative to the FFN RFP document,not this AG EMENT.The optional
alignments set out in G.1.9.are not available under this Wireless Lease and Operating Agreement.
This information is intended to give the Proposer an idea of the known constraints and conditions associated
with the DOT limited access rights-of-way (WW)however,the information presented herein is not
represented by the DOT to be 100(1'0 accurate and complete.The information presented indicates the
current state of the limited-access facilities to the best knowledge of the DOT.The information presented
here addresses only longitudinal conflicts--those that run parallel to the limited access facility.The
Proposer should be aware that utility conflicts may occur wherever the limited access facility crosses over
or under another facility.All fiber optic cable/conduit placement shall he done in accordance with the
DOT Utility Accommodation Manual.
The Contractor shall he responsible for locating (both vertically and horizontally)and coordinating with all
utilities,including DOT owned utilities,and for obtaining all permits necessary for construction of the
FFN.The DOT will assist the ('ontractor in identifying utility owners who may possibly have facilities
within the limited-access right-of-way.Ilowever,the Contractor will be solely responsible for restoration
of service and any damage or loss of revenues to other utilities that arise due to the FFN's construction
activities.As described in Section 1.28,the DOT will provide assistance to the Contractor for the
installation of the FFN on non-limited access roadways to provide the required connectivity to DOT
District Offices.The assistance provided by the DOT may include:assisting the Contractor in obtaining
permits,attendance at public hearings,or assisting with right-of-way use permits for other facilities to
provide optional services proposed by the ('ontractor.
Fiber optic cable/conduit placement constraints are illustrated in the figures and tables that follow.The
information presented is based on the DOT adopted five-year work program and the year 2020 cost
feasible plan.The Proposer is cautioned that the five-year work program represents projects that are
currently funded.The 2020 plan however,is not funded and contains a "wish list"of projects.Copies of
the DO F's adopted 10-year interstate program and flue 20-year cost feasible program are available for
approximately $60 each (plus shipping,handling and tax)from Kinko's Copy Center --phone:(904)68 I -
6221.These maps show anticipated construction projects that may impact fiber placement.A copy of
these maps will be on display during the pre-proposal conference.It shall he the Contractor's
responsibility to insure that their work is coordinated with the DOT's work program so that Interstate and
Turnpike System construction projects are not negatively impacted by the construction of the FFN."I he
Department will provide one set of available construction plans upon request by the Contractor.
raw and (tpertriing Agreement F,thibit G-1
al Requirements And Information
he Contractor shall place the fiber in a ten (10)foot wide utility strip to be approved by the
nent and generally located adjacent to the RAV line on the side of the roadway indicated in Figures
ugh D8.Where this is not feasible,the Contractor shall place the fiber as far as possible from the
.nes.Unless otherwise approved by DOT and FIRVA,fiber optic cable/conduit will not be
in the median.Above-ground structures will not he permitted within the clear zone.The
tor shall accomplish all work with the minimum possible disturbance to the area.Especially in
or other environmentally sensitive areas,the Contractor shall take whatever steps are feasible to
the impact to the environment.
ely 40 microwave towers exist statewide within the limited-access WW.The Proposer should be
IA extensive subterraneous grounding systems exist around these towers.These tower grounding
must he field located prior to digging to avoid damage to the tower grounding system.
major anticipated Interstate construction projects arc as follows (from 2020 cost feasible plan):
all of Interstate 4,from Tampa to Daytona.will he widened within a twenty -year planning
.The segment from Tampa to Orlando is anticipated to have high-speed rail installed in the
.e 95,from the Georgia State line to Interstate 4 will be widened to six lanes.
lions of Interstate 75 that are currently four lanes between the Georgia State line and the Turnpike
lige will be widened to six lanes within five years.
om US 19 in Jefferson County to US 90 \Vest of Tallahassee will he widened to six lanes.
•,),from Interstate 10 to Interstate 95 will be widened to six lanes.
ncnt may he obligated from a previous agreement to relocate existing telecommunications fiber
:ilities from the CSX railroad corridor between \Vest Palm Beach and Miami to accommodate
improvements.It is anticipated that these fiber optic facilities may be placed in the 1-95 right-of-
these facilities arc placed by the Contractor,the Contractor may place these relocated facilities top-
a common trench with the FFN and their commercial network.The deployment of these facilities
.ion that may result in a more favorable evaluation of the Technical Proposal.Additional details on
onal deployment is contained in Appendix XXX.
District One
igator Alley)in Collier County,a recreational access is being planned for the north side of the
(westbound traffic lanes)between milepost 51.1 and 51.9.It is currently scheduled for
lion letting in May,1997.
harlotte County,a weigh -m-motion \VIM)station exists on the cast and west sides of the
as a part of the Advantage 1-75 project.('al-des for the AVI equipment and the \VIM equipment
fun the right-of-way between nuleposts 9.9 and 10.5 on the cast side and between mileposts 10.1
on the west side.The Contractor will be responsible for held-locating these cables.
peranng Apcemeni Fxhihit (i 2
1-4 in Polk County is planned for new construction.The project is broken into nine sections.Section 1 is
scheduled to be let in September of 1997 with subsequent sections in the following years.The use of the
median for fiber placement in this corridor is specifically excluded due to the anticipated high-speed rail in
the median.Due to the extremely wide typical section anticipated for 1-4 in this area,cable placement at
the right-of-way fence would probably be the only feasible option.
The only known fiber optic installation along the right-of-way in District One is a fiber line that is located on
Alligator Alley that serves the rest area at mile post 63 (old mile marker 38).The line runs from SR 29 to
the rest area and was paid for by DOT but it is apparently operated and/or maintained by Sprint/United
Telephone.The District Utilities Office stated that it is located in the front slope.Field location will he
necessary.Additional interstate capacity improvement projects are listed in Table D.1.
G.1.2 District Two
No major longitudinal constraints arc known and any fiber placement would probably be workable.However,
the District prefers that the fiber he placed in the center of a ten (10)foot wide maintenance strip generally
located at the right-of-way line.District 2 does have two spare conduits for future fiber placement that
were installed as a part of the 1-295 reconstruction project.These conduits are for future use by the District
and should not he considered for use by the FFN Contractor.A listing of future projects that may impact
fiber placement is shown in Table 1).2.
The Fuller Warren Bridge (1-95)over the St.Johns River in Jacksonville is currently being replaced.'Fhe
project is expected to be under construction for approximately four years beginning in Fall 1996.The
existing bridge is a bascule bridge,therefore attaching to the bridge is not an option.The proposed bridge
will be a high-level bridge,thus bridge attachment will he possible.
G.1.3 District Three
No fiber placement constraints are known for Interstate 10.Future interstate widenings will be to the inside,
thus placement along the right-of-way line would be preferred.The only known constraint is that all of 1-
110 (connecting 1-10 to downtown Pensacola)is constructed on elevated structure.A listing of future
projects that may impact fiber placement is shown in Table D.3.
G.1.4 District Four
'Fhe Proposer is cautioned that future noise wall construction is anticipated along the R/W line.llowever,the
noise wall construction is not currently funded.Future HOV and auxiliary lane projects are anticipated
that would conflict with median or shoulder placement.A listing of other future projects that may impact
fiber placement is shown in fable 1).4.
A changeable message sign project is underway for 1-595.The project includes signs,sign structures,and fiber
optic communications along 1-595,and on the Sawgrass Expressway and the Turnpike in the vicinity of I-
595.A similar changeable message sign project is also expected for 1-95 in Broward County within the
next two years_
G.1.5 District Five
Lease and Operating Agreement Exhibit 0-3
The preferred placement would be in a ten (10)foot wide utility strip along the cast side right-of-way fence;
otherwise,cable placement should he outside of the ditch or in the backslope.At bridges,District 5
prefers guided bores across water crossings within the utility strip;otherwise,place conduit across bridge
tying to an inside bridge beam (i.e.,assume bridge will be widened both inside and to the outside).At
interchanges,prefer following limited access fencing,to arterial and then guided bore under roadway.
The District maintains fiber optic communications with the freeway surveillance systems in the 1-4 Orlando
metropolitan area and in the 14/1-95 Daytona Beach area.These fiber systems communicate with video
surveillance cameras,vehicle detection stations,and variable message signs.The DOT will assist the
Contractor in locating the existing fiber communications.
Where the District has rest areas ,assume there are water/sewer utilities between them;and where there is
highway lighting or sign lighting present,the Contractor shall coordinate directly with the appropriate
DOT Maintenance unit for location of the power supply cable.Future 1-4 widening from Polk County to
Volusia County will be from right-of-way line to right-of-way line (i.e..,plan includes HOV lanes and rail
corridor).Also,refer to Table D.5 for additional improvements (i.e..,interchange construction projects)
along the District's limited access facilities.
Along 1-75 in Marion County,an Advantage 1-75 project weigh-in-motion (WIM)station exists on both the
east and west sides.Cables for the AVI equipment and the WIM equipment exist within the right-of-way.
DOT will provide assistance to the Contractor in field locating these cables.
G.1.6 District Six
District 6 indicated that they do not anticipate any major utility conflicts in the R/\V.The District prefers that
the FFN fiber optic backbone be placed on the west side of 1-95.The District is currently working on a
fiber optic communication system for the Southeast Florida Intelligent Corridor System (ICS).The
proposed ICS communication system Nvill also be along the west side of the pavement.The distance
between the edge of the pavement and the centerline of the IC'S fiber trunk will vary from 30 to 100 feet.
The FFN fiber should he installed at least ten (10)feet farther to the west of the ICS fiber trunk.The
District proposes two major communication hubs for the ICS fiber system on 1-95 --at the Golden Glades
Interchange and at SR 836.A listing of future projects that may impact fiber placement is shown in Table
D.6.
A major multi-modal transportation center is currently being planned that may impact many of the limited
access roadways in the Dade County area.'Hie Miami Intermodal Center (MIC)is currently being
designed to link the Florida Overland express (FOX)terminal (high -speed rail),the Miami International
Airport,and other regional transportation services /providers.
G.1.7 District Seven
'Ile District indicated that no major existing constraints were known and that any fiber placement would
probably be acceptable.I lowever,the I-4 corridor is currently being reconstructed Provisions are being
included for I IOV lanes and high-speed rail in the median.Additionally,the north toll plaza for the
I ease and Operating Agrerrnent 1-xf-uttit
Sunshine Skyway Bridge (1-275)will be under construction in 1997-98.A listing of future projects that
may impact fiber placement is shown in Table D.7.
G.1.8 Turnpike District
"[here is a 54 inch water re-use line operated by a private contractor for Orange County located between
milepost 258 and 267.It is located close to the ION line for the Southbound roadway.
Florida Gas has a 30 inch gas main approximately 36 feet from the edge of the -Southbound shoulder pavement
in the Southbound direction from milepost 242 to milepost 249.Also,there is a 24 inch and a 26 inch
main between milepost 254 and 263 that is located 36 feet from the edge of the NB pavement.A Florida
Gas easement runs along the east side of the Turnpike mainline roadway from approximate milepost 152
south to milepost 4X.The gas line crosses under the Turnpike and continues on the west side of the
Turnpike to the Golden Glades Interchange.
Utilities are also located in the vicinity of Turnpike service plazas.Where available,the service plazas are
connected to municipal water and sewer systems.The following are known potential utility conflicts in the
vicinity of Turnpike service plazas:
•At the Turkey Lake service plaza,utilities cross from the plaza to the R/W line at approximately milepost
263 and travel north,near the RIW line for the northbound travel lanes,up to milepost 265.
•At the Okahurnpka service plaza (Milepost 299),utilities cross from the median to near the northbound
R/W line at milepost 300.The water line exits the R/W at milepost 301.1 and the sewer exits at milepost
304.5.
An AT&T casement runs along the median of the mainline Turnpike (Milepost OX-4X and 47-309).The
easement is 14 feet wide between Golden Glades and Ft.Pierce and 12 feet wide from Ft.Pierce to
Wildwood.It is important to note that the AT&T facilities cross the right-of-way at bridge crossings.'['he
Contractor will be responsible for coordination with AT&T for exact location of their facilities.
The Tamiami Toll Plaza (Milepost 24)will he under construction from 1997 through 2000.This project
involves construction of sound walls along the right-of-way line and involves construction of two new
mainline plazas and two ramp plazas.The fiber in this area should be placed just in front of the sound
walls.Note that the sound walls will be completed early in the construction process.
With the exception of those areas of potential conflict described above,the preferred placement of the ITN is
generally in a ten (10)foot wide utility strip along the western right-of-way line for most of the Turnpike.
A listing of future projects that may impact fiber placement is shown in Table 1).8.
The Turnpike District has identified areas of contamination at its service plazas.This information is set out in
the Contamination Assessment Reports (CARS)compiled for each site.The CARS can be reviewed in
their entirety at the offices of Post,Buckley,Schuh &Jernigan located at 1560 Orange Avenue,Suite 700,
Winter Park.Horid-a 32789.The contact person is Nick Vitali at (407)647-7275.
(.1.9 Optional Alignments
ease and Operattne Agi cernen1 F xhibit 0-5
The Contractor has the option of utilizing the following R/\Vs for its own telecommunications initiatives in
addition to the 2,000 miles already indicated.If the Contractor plans to utilize these optional R/Ws,the
Contractor shall be required to meet the same minimum requirements as specified in this REP.The
optional roadways are illustrated in Appendix C,Sheet C-2.
6.1.9.1 Dade County Expressway Authority
The Dade County Expressway Authonty (DCEA)is responsible for the following roadways in the Miami
metropolitan area:
•Gratigmy Parkway (SR 924);
•Airport Expressway (SR 112);
•Dolphin Expressway (SR 836 -also known as the East -West Expressway);
•Don Shula Expressway (SR 874);and
•Snapper Creek Expressway (SR 878).
Note:SR 836 (from the present terminus at the HEFT to 1-95)is not optional,it is re uired.(Sec Appendix C).
Most of the future projects known to affect these nghts-of-way are listed in Section D.6 of this Appendix.
The existing toll plaza at SR 836 is planned to be widened sometime in the foreseeable future,although no
construction date has been set.A new toll plaza may also be constructed for SR 836 westbound that will
be placed at a location west of the existing plaza and east of LeJeune Road.
G.1.9.2 Tampa -Hillsborough County Expressway Authority
The Tampa -11illsborough County Expressway Authority (THC EA)manages the South Crosstown
Expressway in the Tampa area (SR 618).TI ICEA prefers that the fiber he placed on the south side of
the roadway.Future projects on the Crosstown include future reconstruction from Nebraska Avenue to
50th Street and a proposed connection to 1-4 (between the 22nd and 39th Street interchanges).There may
he sonic environmental conflicts in the vicinity of the 39th Street interchange.
6.1.10 Placement of Structures within the 12/W
Details on structures to be located within the R/W arc specified in Technical Section 2.0,"Outside Plant
Requirements"and in Appendix E,"Outside Plant Typicals".In all circumstances,all above ground
structures shall be located outside of the clear zone.The State desires that repeater stations be located
based on the following heirarchy:
along the right-of-way limits at a location that is accessible from conventional (non -Bruited access)public
roads;
microwave tower buildings or tower premises;
in rest areas/service plazas;
•within interchange areas (preferably outside of the ramps).
Maintenance activities related to the repeater station shall have no impact on the normal traffic flow on the
highway.
Lease and 0 .rating Agiterncnt Exhibit C,1,
If none of the options listed above are feasible,the Contractor may utilize precast underground vaults in the
frontslope provided that the manhole opening can he mounted flush with the ground surface and not
present any haz„ards to the motoring public or hardships to maintenance operations.
G.1.11 Access Management Plan
The Proposer will he required to submit an Access Management Plan as a part of their Technical Proposal.
The Access Management Plan will detail how maintenance workers will typically access the network (both
the FFN and the Contractor's commercial network)and how their vehicles will typically access the
location.The intent of this plan is to address how the Contractor will access the network structures to do
system maintenance once the system is in place (i.e.change out equipment in the equipment huts).This
plan is separate from the Maintenance of Traffic plans that will address Contractor access to the work site
during construction.The following list indicates desirable methods of access to the fiber network
facilities:
•from conventional roads that parallel the limited-access facility:
•from rest areas or service plazas;
•from weigh stations;
•from the conventional roadways that cross the limited -access facility.
DOT and FHWA desire that access to the network directly from the limited-access roadway be minimized.
The Contractor will be required to submit a detailed,site-specific,Access Management Plan for each phase
of construction for review and approval by DOT and FIIWA prior to the pre-construction conference for
that phase.Access by any means other than the desired methods listed above will require approval in
advance from DOT and FIIWA.
'raw and Operdung Agretmcnt Exhibit G-7
Antici ated Construction Pro'ects (District One)Table G.1
I ease and Operating Agreement I:Ynimt l S
Facility County Location Description
1-75 Collier Golden Gate Boulevard New Interchange
1-75 Collier Pine Ridge Road Interchange modifications
1-75 Lee South of Alico Rd to
North of SR 80
Addition of two general purpose
lanes in median
1-75 Lee Alico Rd Interchange modification
1-75 Lee Daniels Parkway Interchange modification
1-75 Lee Colonial Boulevard Interchange modification
1-75 Lee SR 82 Interchange modification
1-75 Lee SR 80 Interchange modification
1-75 Lee SR 78 Interchange modification
1-75 Sarasota Jacaranda Road to SR 681 Addition of two general purpose
lanes in median
1-75 Sarasota /University Parkway Interchange modification
Manatee
1-4 Polk Hillsborough County line
to Osceola County line.
Addition of two general purpose
lanes,four 110V lanes and
provisions (in median)for high-
speed rail.
14 Polk US 27 Interchange modification
1-4 Polk US 98 Interchange modification
Antici ated Construction Pro'ects (District Two)Table G.2
Description
Reconstruction of roadway,
parking facilities &treatment
plant.
Construct new microwave
towers for the motorist aid call
box system.
Realignment of Eastbound off
ramp.
Major interchange
improvements.
New northbound &southbound
ramps.
New northbound and
southbound ramps and building.
Improve drainage facilities.
Add 2 general use lanes.
Lease and Operas mg Agreement F 'chant 6-9
Reconstruct weigh station.
Construct Advantage 1-75
system.Construct wetland
mitigation improvements.
Interchange improvements
Construct new microwave
towers for motorist-aid call box
system from Flag ler County line
to 1 -295 south,and from 1-295
north to Georgia State line
Addition of two general use
lanes.
Facility County Location
I-10 Baker Baker County Rest Area
1-10 Madison
Suwannee
1-10 Duval US 301
1-75 Alachua SR 222 (NW 39th Ave)
1-75 Alachua Payne's Prairie Rest Area
1-75 Suwannee Suwannee County Rest
Area
1-75 .Alachua from Marion County line
to SR 222
1-75 Columbia from Alachua County line
Suwannee to Georgia State line
11amilton
1-75 Ilamilton White Springs Weigh
Station
1-95 Duval J.Turner Butler Blvd.
1-95 St.Johns
Duval
Nassau
1-95 Duval Lem Turner to Ileckscher
Dr.
Facility County Location
1-95 Duval Fuller Warren Bridge
over St..lohns River
1-95 Duval from 1-295 to north of
Emerson St.
1-95 Duval J.Turner Butler Blvd.
1-95 Nassau Rest Area/Welcome
Station
1-95 St.Johns Rest Area (southern)
1-95 St.Johns Rest Area (CR 210)
1-95 Duval from SR 115 to Georgia
Nassau State line
1-95 St Johns from Flag ler County line
Duval to Greenland Rd.
1-95 Duval
1-295 Duval Buckman Bridge over SI.
Johns River
1-295 Duval from SR 21 to I-10
1-295 Duval I-10 interchange
1-295 Duval from Buckman Bridge to
US 17
1-295 Duval from I-10 to 1-95 north
I case and Operaune Agreement FAH)t (i 10
Description
Replace existing bascule bridge
with eight lane high-level bridge.
Addition of two general use
lanes.
Add loop ramp in NW quadrant
of interchange.
Construct new building,parking
and ramps.
Construct new building,
parking,treatment plant and
ramps.
Construct new building,parking
and ramps.
Addition of two general-use
lanes.
Addition of two general-use
lanes.
1-295 Interchange modification.
Widen bridge to 8 lanes.
Widen to 6 lanes.
Reconstruct interchange.
Construct noise walls along WW
line -both directions.
Addition of two general-use
lanes
Anticipated Construction Projects (District Three)Table G.3
ease and Operating Agreement Exhibit G-11
Facility County Location Description
1-10 Jefferson from US 19 to US 90 west Addition of two general-use
Leon of Tallahassee lanes.
Gadsden
1-10 Leon Capital Circle NE Interchange modification
1-10 Santa Rosa Avalon Blvd.Interchange modification
1-10 Escambia Scenic Highway Interchange modification
1-10 Escambia 1-110 Interchange modification
1-10 Escambia US 29 Interchange modification
1-10 Escambia Pine Forest Interchange modification
1-10 Escambia 9th Avenue New interchange construction
1-10 Santa Rosa
Escambia
from Ward Basin to US 29 Addition of two general-use
lanes.
1-110 Escambia from Cervantes St.to 1-10 Addition of two general-use
lanes.
1-110 Escambia Chase St.Interchange modification
1-110 Escambia Fairfield Dr.Interchange modification
Anticipated Construction Projects (District Four)Table G.4
Facility County I,ocation Description
1-95 Broward from Dade County line to Apply SE Florida Intelligent
Palm Beach Martin County line Corridor System features.
1-95 Palm Beach from Linton Blvd.to PGA Build ultimate roadway cross
Blvd.section (eight general use lanes
and two 110V lanes).Apply
Intelligent Corridor System
features.
1-595 Broward from US 441 to Pine Operational and Safety
Island Road Improvements
1-595 Broward from 1-75 to 1-95 Apply SE Florida Intelligent
Corridor System features.
1-95 St.Lucie from SR 70 to SR 60 Addition of two general use
Indian lanes.
River
ease and Operating Agreement Exhtbit G-12
Anticipated Construction Projects (District Five)Table G.5
I ease and ()lx-ranng Agreement Exhibit (.;-13
Facility County Location Description
1-4 Osceola CR 532 Interchange Develop into full interchng (9n30-
142075147339)
1-4 Osceola SR 417 Interchange New Inter-cling for Western Beltway
1-4 Osceola World Drive Ext/CD Rd's New Interchng &CD Rd's for Est
&SR 417 (under const)(92130.
1426:5147334)
1-4 Osceola US 192 Interchng Interchng reconstruction (92130-
/5147335)
1-4 Osceola Osceola Pkwy Interchange New Interchng
1-4 Orange Republic Dr Interchange New Interchng (under const)(75280-
1410/5107266)
1-4 Orange Conway Rd Interchange New Interchng (75280-3408/5147232)
1-4 Orange J Young Pkwy Interchng Intercling,reconstruction (75280-
/5147265)
1-4 Orange SR 408/EW Expwy Interchng reconstruction (75280-
Interchng /5147262)
1-4 Seminole SR 436 Interchng reconstruction
1-4 Seminole ('R 46A/Paola New Interchng (77160-2436/5148828)
1-4 Seminole SR 417 Interchange New Interchng for Eastern
Bei(V(a y(77160-2439/5148840)
1-4 Seminole ITS 17-92/Orange Interchng reconstruction (77160-
/5148849)
1-4 Volusia SR 472 /Ilowland Interchng Add ramps &extend to Ilowland
(79110-1402/5149472)
1-4 Osceola Polk Co to liS 192 Widen to 6 lanes (92130-1402/5147325)
1-4 Seminole SR 434 to Lk Mary Blvd Widen to 6 lanes (under const)(77160-
301/5145825)
1-4 Seminole I,k Mary Blvd to 1.,S 17/92 Widen to 6 la lieS(77160-1404/5148847)
Anticipated Construction Projects (District Five)Table G.5 Continued
1 ease and Operating Agreement f xhtnt G-14
Facility County Location Description
1-4 Orange/1-4 110V Interim Project Add reversible IIOV lane from
Seminole South St to SR 436
1-4 District US 27 to SR 44 Widen to 6 +2 IIOV Lanes &rail
corridor/St Johns Bridge
Replacement (I-4 Master Plan)
1-4 Volusia SR 44 to 1-95 Widen to 6 lanes (1-4 Master Plan)
1-75 Sumter Resurfacing Resurfacing 4 lanes Polk to Marion
1-95 Brevard Micco Rd Interchange New Interchng (MP°2020)
1-95 Brevard Grant Rd Interchange New Interchng (5tPo 2020)
1-95 Brevard SR 514/Malabar Interchange Interchng reconstruction (70220-
2433/5140652)
1-95 Brevard Palm Bay Rd Interchange Interchng reconstruction (1tpo 2020)
1-95 Brevard US 192 Interchange Interchng reconstruction (itP0 2020)
1-95 Brevard Pineda ('swy Interchange Interchng reconstruction (NIPO 2020)
1-95 Brevard Wickham Rd Interchange Interchng reconstruction Intro 2020)
1-95 Brevard Viera Blvd Interchange New Interchange (70220-1501/5140640)
1-95 Brevard Port St John Interchange New Interchange (70225-3413/5140616)
1-95 Volusia Pioneer 'Frail Interchange New Interchange (MPO 2020)
1-95 Brevard SR 520 to SR 528 Resurface (70225-3409/5140649)
1-95 Brevard SR 528 to SR 514 Widen to 6 lanes (atro 2020)
1-95 Volusia 11th St to SR 40 Widen to 6 lanes (79002-2436/5149509)
1-95 Volusia 1-4 to Flagler Co Widen to 6 lanes (79002-15149512)
Anticipated Construction Projects (District Six)Table G.6
lease and Operattng Agrerincrit Lxhihrt G-15
Facility County Location Description
1-75 Dade from SR 826 to 11EFT Apply SE Florida Intelligent
Corridor System features
1-95 Dade from US I to Broward Apply SE Florida Intelligent
County line Corridor System features
1-95 Dade SR 836 Interchange modifications
1-195 Dade from 1-95 to Alit.Apply SE Florida Intelligent
Corridor System features
SR 836 Dade NW 137 Ave to HEFT New 6 lane extension and
interchange (87200-157416111860)
SR 836 Dade NW 37th Ave Interchange reconstruction
SR 836 /Dade SR 836 to SR 112 along New 6-lane expressway
SR 112 LeJeune Road
SR 836 /
SR 112
Dade Central Blvd /NW 21st St
interchange
Interchange reconstruction
SR 836 Dade Westbound between NW New toll collection facility
72nd Avenue and 57'h Avenue
SR 836 Dade LeJeune Road interchange Interchange reconstruction
SR 112 Dade Terminus interchange Interchange reconstruction
Anticipated Construction Projects (District Seven)Table G.7
Facility County Location Description
1-4 Hillsborough from 1-275 to Polk County Widen to 6 lanes
line
1-75 Hillsborough from Fowler Avenue to SR Widen to 6 lanes
Pasco 50
Ilernando
1-275 Hillsborough from Bcarss to 1-75 Widen to 6 lanes
1-275 Ilillsborough Commerce Parkway New interchange construction
1-275 Pinellas from South of Gandy to Addition of two auxiliary lanes
Roosevelt
1-275 Pinellas from Roosevelt to Big Island Addition of two lanes
Gap
1-275 Ilillsborough 1-4 Interchange modifications
se and Operatrng Agreement Enhibit tr-I 6
Anticipated Construction Projects (District Eight)Table G.8
I and Operating Agreement Exhibit 6-17
Facility County Location Description
HEFT Dade MI'0 (US I)Interchange modifications (provide
for movements to and from the
north).
HEFT Dade MI'0-13 (US 1 to Quail
Roost Drive)
Widening from 4 to 6 lanes on the
inside.
HEFT Dade MP 26 New interchange at NW 12th Street.
HEFT Dade MP 26-39 (SR 836 to 1-75)Widening from 4 to 6 lanes on the
inside.
HEFT Dade MP 39 (I-75)Interchange modifications.
Mainline Broward MP 49 (Holly-wood Blvd)Interchange modifications.
Mainline Broward MP 63 (Commercial Blvd)Interchange modifications.
Mainline Palm Beach MP 75-116 (Glades Road to
Indiantown Road)
Widening from 4 to 6 lanes on the
outside.
Mainline Palm Beach MP 96 (SR 80)New interchange construction.
Mainline Martin MP 130 Thomas K.Manuel Bridge
maintenance.
Mainline Orange MP 251 (Eastern Beltway)New interchange construction.
Mainline Orange MP 254-272 (US 441-SR 50)Widening from 4 to 6 lanes on the
outside.
Mainline Orange MP 267 (Western Beltway)New interchange construction.
Sawgrass Broward Vicinity of Sunrise Toll
Plaza
New interchange for new sports
arena.
Beeline Orange Orangewood Blvd.Interchange improvements.
Beeline Orange International Drive.Interchange improvements.
Beeline Orange 1-4 to International Airport Widening from 4 to 6 lanes.
The following rates are expressed as a percentage of
gross revenue to be credited to the Department for each
year of the Agreement.
EXHIBIT II
TE STRUCTURE
I ypes:
(1)Sub-leases or licenses of spaces on pre-existing structures
(2)Sub-leases or licenses of spaces on structures constructed by the Proposer
(3)Sub-leases or licenses of structure sites to 3rd parties for tower construction
(4)Sub-leases or licenses of spaces at Department Office Buildings,Construction Yards,
and Maintenance Facilities
lease and Orcr2tinp Agreement I-xhihrt 11-1
Year Percentage
Types T
1 -3
Year
e 4 T
1
Percentage
es Type 4
-3
1 60 15 16 41 15
2 55 15 17 41 15
3 43 15 18 41 15
4 40 15 19 41 15
5 41 15 20 41 15
6 41 15 21 41 15
7 41 15 22 41 15
8 41 15 23 41 15
9 41 15 24 41 15
10 41 15 25 41 15
11 41 15 26 41 15
12 41 15 27 41 15
13 41 15 28 41 15
14 41 15 29 41 15
15 41 15 30 41 15
A.Definitions
EXHIBIT I
SCHEDULE OF INTELLIGENT TRANSPORTATION SYSTEMS (ITS)
SERVICES INCLUDING INCIDENTAL EQUIPMENT
1."Communications Link(s)"shall mean the communications network formed by the
installation of Land Line Communications Link(s)and/or Wireless Communications Link(s).
2."Land Line Communications Link(s)"shall mean land-line communications services
provided by the local telephone company which may include,but are not limited to:ISDN,
full or fractional T1 and T3 lines,Frame Relay,and POTS lines.
3."Wireless Communications Link(s)"shall mean wireless communications provided through
the use of cellular and/or PCS devices for use in voice and data communications.
4."Operations Center"shall be defined as the location that data from field ITS devices flows to
for use in managing and monitoring the DOT's roadways.
5."I1ARS"shall mean Highway Advisory Radio Systems.These are low-power (s:10 1,V)AM
transmitter station(s)operating between 750 KI Iz and 1700 KI i7 used for distributinghighwaytravelandroadconditionstothegeneralpublic.The messages transmitted from the
base transmitters are updated by either a human operator calling the site and providing,
deleting or scheduling messages,or by direct computer download from the Operations Center
to the transmitter.Typically,there is a Land line Communications Link and a possible
backup Wireless Communications Link for communications to the transmitter.These systems
shall include the transmitter equipment,flashing beacon equipment,Land Line
Communications Link and/or Wireless Communications Link,and spare pans/equipment for
the transmitter and sign equipment.
6."VID Systems"or "VMS"shall mean Video Image Detection Systems.These systems use
machine vision technologies to extract real-time traffic flow data (e.g.,volume,occupancy,speed,and length)by using microprocessor -based hardware and software to analyze video
images of the roadway.These systems typically consist of the field detector equipment,Land
Line Communications Link(s)from the field detectors to the Operations Center,the data
processing equipment located at the Operations Center,and spare parts/equipment for this
system.
7."CCTV Camera Systems"shall mean Closed-Circuit TeleVision camera systems.These
systems typically consist of the CCTV camera,the Land Line Communication Link(s)from
the camera(s)to the Operations ('enter,video switching,display control workstation,display
equipment inside the Operations ('enter,and spare parts!equipment for this system.8."VMS Systems"shall be defined as Variable Message Sign (VMS)Systems.These systemsprovidedynamicinformationtomotoristsregardingavarietyofroadwayconditions:
congestion,diversion,transit operations,general guidance intimation,maintenance and
construction work sites,and roadway status.'The electronic signs are normally full-matnx
signs,with the pixels typically consisting of reflective LFD flip-disk,reflective flip-fiber,orfullLEDtechnologies.The systems consist of the electronic sign(s)normally mounted on a
sign structure (e.g.,sign bridge or cantilever structures),the VMS computer control
equipment at the Operations ('enter,the Communications Link(s)between the VMS and
Operations Center,and spare pal tsiequipment for the system.
I ease arid (4x:rating Agreement Exhibit
9."Upgrades-shall be defined as the replacement of equipment to newer,state-of-the-art
equipment and/or the possible expansion of the current system by the addition of more
equipment and Communications Links.
10.The 'TARS,VII)Systems,CCTV Camera Systems and VMS Systems Services provided
under this AGREEMENT shall not include the ongoing services of LESSEE's personnel.
B.Services
Services that the DOT may choose from,at its option,are the following:
I.Video Image Detection Systems (V1DS)
2.Ilighway Advisory Radio Systems (IIARS)
3.VMS Systems
4.Upgrades of Systems installed and equipment provided
5.Attachment of DOT ITS-related equipment to LESSEE Telecommunications
Facilities.
6.Other Services mutually agreed to by DOT and LESSEE
I ease and Operating Agreement Exhibit 1-2
THE LOCATION OF DI
The following list of district office buildings,mainte ce yards,subyards and construction yards While an attempt at
listing all property being 1 ed by the DOT from the Trus of the Inte Improvement Trust Fund may not include all
such properties,for additional information pl e 1 the District Right-of-Way Administrator lis on ibit B.
District One Properties
District Office
801 N.Broadway
ow,FL 33830
Polk County
Mainte ce Facility
2740 Highway 60 West
ow,FL 33830
Polk County
Maintenance Facility
Highway 60 t
ow,FL 33830
Polk County
Maintenance Facility (sub-yard)
SR 33 at 1-4
Polk City,FL
Polk County
Maintenance Facility
SR 70 West &er S
ia,FL 33821
oto County
Mainte ce Facility (sub-yard)
CR 661,1 mile north of SR 70
ia,FL 33821
oto County
Materials Lab
5321 Tice Street
Ft.Meyers,FL 33905
County
Mainte ce Facility2981NEPineIsland Road
Cape Coral,FL33909
County
Maintenance Facility
880 West Devils Garden 'ye
Labelle,FL 33935
Hendry County
EXIIIBIT J
O ICE BUILDINGS,ANCE Y S,SUBY S AND
CON RU ION Y S.
Mainte ce Facility
Davis Boulevard
Naples,FL 34104
Collier County
Maintenance Facility
500 NW 9th S t
Ok ho ,FL 34972
Ok ho County
Mainte cc Facility
1 81st St
ta,FL 34243
Sarasota County
Mainte ce Facility (sub-yard)
SR 776 and US 41
Venice,FL
Sarasota County
Mainte ce Facility
4722 Kenilworth Boulevard
Sebring,FL 33870
Highlands County
Maintenance Facility
r View and US 41
Port Charlotte,FL
Charlotte County
Construction Office
5979 SR 37 South
eland,FL 33813
Polk County
District Two Properties
District Office
1901 South Marion Street
e City,FL 32056
Columbia County
Jacksonville U
2250 Irene Street
Jacksonville,FL 32236
Duval County
Palatka Resident Engineers Office
105 Yelvington Road
t Pala ,FL 32131
Put County
Cheifland Mainte ce
1820 South Young Boulevard
Chiefland,FL 32626
Levy County
Gainesville Mainte ce
5301 NE 39th Avenue
Gainesville,FL 32609
Alachua County
Jacksonville Maintenance
838 Ellis Road
Jacksonville,FL 32236
Duval County
e City M •to ce
1650 e Jeffrey Road
e City,FL 32055
Columbia County
Pe Maintenance
657 Plantation Road
Pe ,FL 32347
Taylor County
St.Augustine Maintenance
3 DOT Road
St.Augustine,FL 32095
St.Johns County
Jacksonville-Phillips Road Maintenance
5434 Phillips HighwayJacksonville,FL 32207
Duval County
lahan Sub-Yard
Route 2,Box I
lahan,FL 32011
Nassau County
Middleburg Sub-Yard
3446 CR 220
Middleburg,FL 32068
Clay County
Palatka Sub-Yard
3 DOT Road
St.Augustine,FL 32095
St.Johns County
District ree Properties
Pan a City Mainte ce/Construction Yard
3633 Highway 390
Pan a City,FL
Bay County
Blountstown Maintenance Yard
Route 1 Box 83
Blountstown,FL
Calhoun County
Pens la Mainte ce Yard
1651 t Nine Mile Road
Pe la,FL 32514
Es bia County
Carrabelle Maintenance Yard
1647 Highway 98 t
Carrabelle,FL
F in County
G nsboro Mainte ce Yard
2 miles south of G nsboro on SR 12
G nsboro,FL
Ga en County
Midway Mainte ce Yard
Route 1 Box 2860
Havana,FL
G den County
White City Mainte ce Yard
6709 Highway 71
Wewahitc ,FL 32465
Gulf County
Bonifay Construction ice
Route 3 Box 1260
Bonifay,FL
Holmes County
Mari a Mainte ce Yard
2956 State Co tio Road
Maria ,FL 3
Jackson County
Man Construction ce
360 Highway 90 North
Mari ,FL 32448
Jackson County
Monticello Maintenance Yard
CLOS
Jefferson County
Tallahassee Maintenance Yard
2612 Springhill Road
Tallahassee,FL
n County
Tower Site (Tallahassee)
2612 Springhill Road
Tallahassee,FL
n County
Crestview Office Site
1955 S.Ferdon Boulevard
Crestview,FL 32539
Okaloosa County
Crestview Maintenance Yard
2800 Goodwin Avenue
Crestview,FL 32539
Okaloosa County
Ft.Walton Maintenance Yard
75 Parkway SE
Ft.Walton,FL 32548
Okaloosa County
Milton Mainte ce Yard
6025 Old Bag Highway
Milton,FL 32583
Santa Rosa County
Sopchoppy Mainte ce Yard
55 McKenzie PI
Sopchoppy,FL 32358
Wakulla County
DeFuniak Springs Mainte ce Yard
45 N.Park St
DeFuniak Springs,FL 32433
Walton County
ville Mainte ce Yard
Highway 279 South
ville,FL 32427
Washington County
Chip ley Office Site
1074 Highway 90
Chip ley,FL 32428
Washington County
Pens la Lab
164 t Burgess Road
Pe cola,FL 3
Es bia County
Tallahassee R/W Field Office
2334 Christopher P1
Tallahas ,FL 32308
n County
'rict Four Properties
.rict IV H quarters
3400 West Commercial Blvd.
Ft.Lauder e,FL 33309-3421
Broward County
e #2612
Materials and R h Lab
14200 West S.R.84
Davie,FL 33325-5300
Broward County
e #U own
Belle Glade Mainte ce
2728 S.R.15
Belle Glade,FL 33403
Palm h County
e #2639
Fort Pierce rations Center
3603 01 der Avenue
Ft.Pierce,FL 34982-6594
Lucie County
se #2615
Fort Lauderdale
5548 N.W.9 Avenue
Ft.Lauder e 33309
Broward County
e #3742
Vero h Subyard
5025 41st St t
Vero ch,FL 32960
Indian River County
e #U o
(Part of Ft.Pierce
rations Center
Palm h rations Center
7 Forest Hill Blvd._
West Palm la,FL 33413-3342
Palm ch County
e #3914
Loxahatchee Storage Facility
Palm ch Engineers Office
1100 N.S.R.7
West Palm h,FL 33411
Palm h County
e #2712,#3757
ration Center)
District 5 Properties
Palm Bay Mainte ce Yard
1/2 mile
514
Brevard County
t of SR 507 &1/2 mile south of SR
Cocoa Mainte ce Yard
555 C p Road
Cocoa,FL
Brevard County
Tavares Mainte ce Yard
One mile south of Tavares and West of SR 19
e County
burg Maintenance Yard
1306 Deleon Ave.
burg,Fl
e County
a Construction Yard
1217 S.W.10th St.
a,FL
Marion County
a Mainte ce Yard
627 N.W.30th Ave.
a,FL
Marion County
a M 'to ce Yard South
420 dstr Road
Taft,FL
Orange County
Statewide Aluminum Shop
5730 t Colonial 've
Orlando,FL
Orange County
Kissimmee Mainte
P.O.Box 23
Kissimmee,FL
Os la County
ce Yard
Oviedo Mainte ce Yard
2 p Road
Oviedo,FL
Seminole County
Volusia ?viainte ce and Storage Yard at
Edgewater
Sec.32,Township 17S,
Volusia County
Daytona Construction Office
915 S.Clyde Morris Blvd.
Daytona h,FL
Volusia County
F.D.O.T.District'5 Office Site
719 South Woodland Blvd.
land,FL
Volusia County
ge 34E
--trict Six Properties
';strict Office
NW 11Ith Avenue
Miami,FL 33172
Dade County
North Dade Mainte ce Office and Yard
1655 NE 205th Te
North Mi i h,FL 33179
Dade County
South Dade Mainte ce ce and Yard
14655 SW 122nd Avenue
Mi •,FL 33186
Dade County
District PI *ng and
602 South Mi i Avenue
Miami,FL 33130
Dade County
Marathon Mainte ce Office and Yard
3490 Ove Highway
1''--athon,FL 33050
iroe County
g Pine Key S llite Yard
Key Boulevard
Big Pine Key,FL 3 2
Mo County
s Office
District 7 Properties
Sligh Ave Mainte ce Yard
5516 W.Sligh Ave
Tampa,FL
Hillsborough County
Pinellas Mainte ce Yard
5211 Ulmerton Road
Clearwater,FL
Pinellas County
Dade City Mainte
36339 SR 52
Dade City,FL
Pasco County
Frenchman's Cr Mainte ce Yard
6201 34th St.South
St.Petersburg,FL
Pinellas County
Plant City Mainte
1302 Spencer St.
Plant City,FL
Hillsborough County
Clearwater Resident Engineer
3204 Gulf to Bay Blvd.
Cl ater,FL
Pinellas County
District Seven ce
11201 N.McKinley Dr.
T pa,FL
Hillsborough County
Old Tampa Mainte
t 21st Ave.
Tampa,FL
Hillsborough County
ce Yard
ce Yard
T pa Mainte ce Yard
2820 lie Road
T pa,FL
Hillsborough County
ce Yard
Central Office Properties
Haydon Burns Building
605 Su ee S
Tallahassee,Florida 32399 50
n County
OT Central Warehouse
2715 NE 39th Avenue
Gainesville,Florida 32609
Alachua County
State of Florida Department of Transportation
AMEND NT
TO
LEASE AND OPE GAG E NT
FOR COM RCIAL W LESS LECO NICATIONS
Amendment Number 1 ndment Execution Date:
Consultant Name r r nc
Purpose of Amendment:han e t T hnical S efic ti ns
The terms of the above referen agreement,dated March 25,1999,are hereby amended asfollows:
1.In Paragraph 15 (Technical Specifications)on Page 3 of the Agreement,the term
"Exhibit B"is changed to "Exhibit A".
2.In the first paragraph of Section 1.2.11 (Equipment Enclosure)of lit A,the
second sentence is changed to read as follows:"Either a w in shelter(s)and/or
weatherproof cabinets will be permissible."In addition,the last sentence is deleted and
repla with the following:*For new tower locations up to four shelters will be allowed
as site conditions permit."
3.In the s nd pare ph of Section 2.2.1 (Tower Strength Review)of Exhibit A,the
last sentence which reads "Beam width for 8 ft (2.4 meter)dish is 0.65 d ees"is
deleted.In addition,the following sentence is added at the end of the p aph:"The
Department will consider relaxing the wind speed requirement from 120 MPH on a ebyebasisprovidedthattheLESSEEdevelopandagreetoanadequateplantomitigatethelossofcommunicationsshouldthetowerfair'.
4.In the Table of Turnpike Locations in Appendix B of Exhibit A,add the following
towers as being available for use by LESSEE.
Location Latitude Longitude TWRHT Ivfile Post
Orlando South 28-25-46 81-24-08 350 254
Kenansville 27-51-55 81-00-56 370 207
Legal Review
5.In the Table of MaintenancelConstruction Yard Locations in pendix B of Exhibit A,
delete the following towers as being available for use by LESSEE.
Contractual Services Review:
cept as hereby modified,amended,or changed,all of the terms and conditions of said original
agreements and any amendments thereto will remain in full force and eff .
STA OF FLO A Lode ar Towers Inc.
DEPAR OF SP RTATION
BY:BY:
Authorized Signature Authorized Signature
Name:Thomas F Ba r.Name:.test ./1*
Title:ore Title:/eb5/.
‘I 3v 17
Location Latitude Longitude TWRHT County
Ft.Myers 26-40-57 81-54-36 300
Perry 30-05-30 83-43-30 270 Taylor
Gainesville 29-46-18 81-40-05 450 Alachua
Daytona Beach 29-11-58 81-02-15 175 Volusia
Big Pine Key 24-04-28 81-21-40 205 Monroe
South Dade 25-37-53 80-23-09 320 Dade
Dade EOC 25-42-47 80-20-17 30 Dade
Tampa 28-03-00 82-24-54 180 Hillsborough
Quincy 30-3 3 84-33-40 60 sden
Dade City 28-21-11 82-12-55 60 Pasco
Plant City 28-01-48 82-08-05 60 Hillsborough
Skyway Bridge 27-42-15 82-40-50 18 Pinellas
SECOND AMENDMENT TO LEASE AND OPERATING AGREEMENT C..
This SECOND AMENDMENT TO LEASE ANDAPPE TING EMENT (the
"Second Amendment")is entered into and effective as of this 43 day of ,2003,by and between
the STATE OF FLO A DEPARTMENT OF T SPORTATION,an agency of the state of
Florida,(the "DOT')and LODESTAR TOWERS,INC.,a Florida corporation (the "Lessee").
A.By that certain State Of Florida Department Of Transportation Lease And Operating Agreement
For Commercial Wireless Telecommunications dated March 25,1999,as amended by that certain
Second endment bearing an amendment execution date of November 30,1999,(as amended,
the "Agreement"),DOT granted certain rights to Lessee to lease DOT Property,including,but
not limited to rights-of-way,to make such properties available to the wireless industry.
B.Lessee has been negotiating with various potential Sublessees/Licensees regarding the
opportunity to locate such potential Sublessees'/Licensees'wireless telecommunications facilities
on DOT Property pursuant to site agreements,which are subject to the terms and conditions of
the Agreement.
C.At least one potential Sublessee/Licensee has stated that certain of the insurance and other
provisions of the Agreement render the Agreement unacceptable to it in its current form to the
extent that the Agreement affects such Sublessee/Licensee,and therefore the parties hereto desire
to modify and amend the Agreement to make it more acceptable to potential
Sublessees/Licensees,all in accordance with the terms and conditions hereinafter provided.
NOW,THE FO ,for and in consideration of the sum of One Dollar ($1.00)and hand paid by
Lessee to DOT and other good and valuable considerations,the receipt and sufficiency of which are
hereby acknowledged,the Agreement is hereby amended as follows:
1.Amendment of Section X.A.
CIT S
a.Section X.A.of the A ement is hereby deleted in its entirety and replaced with the
following:
A.Descri tion of Insurance Re uired.The LESSEE shall,at its own
expense procure and maintain throughout the duration of this AG EMENT with
insurers which shall have and maintain throughout the period for which coverage is
required,a Best's rating of "A-"or better and a Financial Size Category of "VII"or better
according to A.M.Best Company,the types and amounts of insurance conforming to the
minimum requirements set forth herein.The LESSEE shall not commence Work or enter
upon the Premises,until the required insurance is in forced and a certificate of insurance
evidencing the existence of such insurance acceptable to the DOT has been provided to
and approved by the DOT.With respect to the Workers'Compensation Insurance,
General Liability Insurance,Automobile Liability Insurance and Professional Liability
Insurance,an appropriate Certificate of Insurance (which verifies inclusion of the DOT as
an Additional Insured in the General Liability Coverage and includes thirty (30)days
written notice of cancellation to DOT for all coverages)shall be satisfactory evidence of
insurance.With respect to Property Insurance,an appropriate Evidence of Property
Insurance form (ACO Form 27 or equivalent thereof)shall be satisfactory evidence of
insurance.With respect to all insurance requirements,upon fifteen (15)days'prior
written notice,DOT shall have the right to review,inspect and evaluate each policy
#4177 v4 FDOT Second Amendment
Rev.06/12/2003
(without copying such policies)to determine whether the policies required hereunder
conform to the requirements of this Agreement at the United States corporateheadquartersofLESSEE(or with respect to the review of such policies of aSublessee/Licensee,at the United States corporate headquarters of such
Sublessee/Licensee),DOT being under an obligation to maintain the confidentiality of
such insurance policies.Until such insurance is no longer required by this
AG EMENT,the LESSEE shall provide the DOT with renewal or replacementevidenceofinsuranceatleastten(10)days before the expiration or termination of suchpriorinsurance.
b.Section X.A.(iv)of the Agreement is hereby amended by deleting the followingsentencestherefrom:
"The DOT shall be an insured on this policy.The maximum deductible for any perilotherthanwindstormshallbeperoccurrence.The maximum deductible forwindstormshallbethegreaterof of the estimated insurable replacement value or"
c.Section X.A.(v)of the Agreement is hereby clarified by acknowledging that a vendor of
Lessee or Sublessee/Licensee actually performing engineering,architectural and/or land surveying work
and which provides professio liability insurance in the minim amount set forth in section X.A.(v)of
the Agreement and otherwise complies with the provisions thereof shall fulfill the obligation of the
Lessee and the Sublessee/Licensee to procure and maintain such insurance under this section.
2.Amendment of Section X.G.Section X.G. of the Agreement is hereby amended by the
insertion of the word "reasonably"between the words "to"and "adjust."
3.Amendment of Section XVILC.A new Section XVII.C.4 is added to the Agreement as follows:
"4.Notwithstanding anything in this Section XVII.0 or in Section VILB.2.
to the contrary,to the extent one or more Federal laws,statutes,rules,regulations or
judicial and administrative decisions may pre-empt the right of a state or local
gove ental authorities or agencies to regulate a particular matter,including,but not
limited to,radio frequency exposure limits and electro gnetic energy emissions,then
LESSEE and any Sublessees/Licensees shall not be obligated to comply with anystatutes,rules,regulations,judicial and a "istrative decisions of any state or local
governmental authorities or agencies to the extent that such matter is pre-empted byFederallaws,statutes,rules,regulations or judicial and administrative decisions."
4.Entire /Amendment.The Agreement (and all exhibits and prior amendments thereto),asmodifiedbythisSecondAmenent,contains the entire understanding of the parties with respect to the
matters covered by the A ement,and no other agreement,statement or promise made by any party or to
any employee,officer,or agent of any party which is not contained in this Agreement,as amended,shall
be binding or valid.No provision of this Second Amendment may be amended or added to except by an
agreement in writing signed by the parties hereto.
5.Successors and Assi ns.This Second Amendment shall be binding upon the successors,assignsandlegalrepresentativesoftheLesseeandtheDOT.
6.Governin Law.This Second Amendment and the performance hereunder shall be governed,interpreted,construed and regulated by the laws of the state of Florida.
2 #4177 v4 —FOOT Second AmendmentRev. 06/12/2003
7.Ileadin s.Headings in this Second endment are included for the convenience of reference
only and shall not constitute as a part of this Second Amendment.
R.Ca italized Terms.Capitalized terms not defined in this Second Amendment shall have the
meanings ascribed thereto in the Agreement.
9.Counter arts.This Second endment may be executed in any n ber of counterparts,each
of which shall be an original,but all of which taken together shall constitute one instrument.
IN WITNESS WHEREOF,the parties hereto have caused this Second endment to be
executed in their respective names,the day,month and year Second above written.
STATE OF 0 "I OldiV
COUNTY OF
LODESTAR TOWERS,INC.
a Florida corporation
By:
Name:Dale .Carey
Its:President -Leasing Division
The foregoing instrument was ac nowledged before me this the day of
,2003,by ,as -i '2VY;sv
IAA est Towers,Inc.,who is personally known to e,and that he acknowledged executing the sa e"‘d)of Lodestar Towers,Inc.
.:.•'(<r*9.4 49 "''',,,..1.4`e.*01ARY 0 .::::.Notary Public
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3 #4177 v4 —FDOT Second Amendment
Rev.06/12/2003
Witness
itness
STATE OF FLORIDA
COUNTY OF LEON
1%1111111/04'`‘0000$Paw 4 4......e
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=.'"-Yr=—*....••••;*==•=#00050183 t o..*6•$^
sTO‘‘
Florida Department of Transportation
Comptroller's Office
FLORIDA DEPARTMENT OF TRANSPORTATION
an agency of the tate of Florida
By:ose breu
ecr ary
I hereby certify that on this day,before me,an officer duly authorized in the state of Florida
aforesaid and in the county aforesaid to take acknowledgements,personally appeared Jose Abreu,well-
known to me to be the Secretary of the Florida Department of Transportation,who is personally known to
me,and that he acknowledged executing the same on behalf of the State of Florida in the presence of two
subscribing witnesses freely and voluntary under authority duly vested in him by said state.
Witness my hand and official seal in the county and state last aforesaid this the day of
,2003.
Notary
Name:
Commission Number:
My commission expires:
FOR DOT USE ONLY
Contractual Service Office G eral Counsel's office
4
--0
114177 v4 -FDOT Second Amendment
Rev.06/12/2003
JEB BUSH
GOVERNOR
DATE:June 23,2003
JA:mb
FROM:Jose Abreu,Secretary
e art ent o rans ti
605 Suwannee Street
Tallahassee,FL 32399-0450
TO:Cris Speer,ssistant Secretary for Finance and Administration
Ken Mor field,Assistant Secretary for Transportation PolicySarahSrickland,Chief of Staff
COPIES:Executive Committe ers nnel,Legal
SUBJECT:DELEGATION OF AUTHORITY FOR SECRETARY JOSE ABREU
JOSE ABREU
SECRETARY
You are delegated signature and approval authority anytime during my
absence from the office.This dele ation will remain in effect until rescinded
b me.In the event all of you are out of the office,signature authority is
delegated to Ysela Llort,Marion Hart,Freddie Simmons and Annette Dann,
respectively.
Signature should be made in your name "for the Secretary of Transportation."
All documents requiring signature and/or approval under this delegation
should be forwarded to my office for proper coordination/logging prior to
signing.In addition,please ensure my office receives a "readin file"copy of
all correspondence (letters and memos)you sign for me.
www.dot.state.ff.us ECYCLE0 PAPER
'HI MD AMENDMENT TO LEASE AND OPERATING AGREEMENT
This THIRD AMENDMENT TO LEASE AND OPERATING AGREEMENT (the "Third
Amendment")is entered into and effective as of this -1`4-.clay of Aps-4 2004,by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,an agency of the state of Florida,(the "DOT')and LODESTAR TOWERS,INC.,a Florida corporation (the "Lessee").
RECITALS
A.By that certain State Of Florida Department Of Transportation I ,ease And Operating AgreementForCommercialWirelessTelecommunicationsdatedMarch25.1999,as amended by that certain
Amendment (Amendment Number I)bearing an amendment execution date of November 30,1999;and that certain Second Amendment dated as of August 1,2003 (as amended,the
"Agreement "),DOT granted certain rights to Lessee to lease DOT Property,including,but notlimitedtorights-of-way,to make such properties available to the wireless industry.
B.At the time of the entry into the Agreement,DOT and Lessee had intended that the permitted use
by the Lessee would encompass subleasing or licensing by Lessee to any subsequent person or
entity that wishes to construct and/or operate Communications Equipment on or from
Telecommunications Sites.
C.Given the emergence of new technologies and the use of wireless frequencies by entities which
under the terms of the Agreement are neither a Telecommunications Company nor a wireless
provider of mobile services,such other entities were inadvertently excluded from the scope of the
Agreement although such other entities also provide wireless services.
D.DOT incl Lessee now desire to broaden the express scope of the Agreement to include,in
addition to Telecommunications Companies and wireless providers of mobile services,anysubsequententitythatwishestoconstructand/or operate Communieations Equipment on or from
Telecommunications Sites,all in accordance with the terms and conditions hereinafter provided.
NOW,111ERFFORE,for and in consideration of the sum of One Dollar ($1.00)in hand paid byLesseetoDOTandothergoodandvaluableconsiderations,the receipt and sufficiency of which are
hereby acknowledged,the Agreement is hereby amended as follows:
I.Amendment of Section 1.3,Section 1.3 of the Agreement,the definition of
"Sublessees/Licensees,"is hereby deleted in its entirety and replaced by the following:
3."Sublessees/Licensees"shall mean the wireless providers of mobile
services,Telecommunications Companies and other entities transmitting and/or receivingwirelessorradiofrequencies,all using wireless technology,that have entered into
subleases or licenses with the LESSEE to place their Communications Equipment at a
Telecommunications Facility,DOT Structure or to construct a Telecommunications
Facility."
2.Amendment of Section III.C.Section 'FTC of the Agreement is hereby amended by appendingthefollowingtotheendofthesentence:and any other entity transmitting and/or receiving wireless or
radio frequencies."
3.Fntiret /Amendment.The Agreement (and all exhibits and prior amendments thereto),as
modified by this Third Amendment,contains the entire understanding of the parties with respect to the
matters covered by the Agreement,and no other agreement,statement or promise made by any party or to
h6906 v I IDC1r Third AmendmentRev.02/24/2004
any employee.officer,or agent of any parry which is not contained in this Agreement,as amended,shall
be binding or valid.No provision of this Third Amendment may be amended or added to except by an
agreement in writing signed by the parties hereto.
4.Successors and Assi ns,This Third Amendment shall be binding upon the successors,assigns
and legal representatives of the Lessee and DOT.
5.Covernin Law.This Third Amendment and the performance hereunder shall he governed.interpreted,construed and regulated by the laws of the state of Florida,
6.Ileadin s.Ileadings in this Third Amendment are included for the convenience of reference
only and shall nut constitute as a part of this Third Amendment.
7.Ca italized Terms.Capitalized terms not defined in this Third Amendment shall have the
meanings ascribed thereto in the Agreement.
8.Counter arts.This Third Amendment may be executed in any number of counterparts,each of
which shall be an original,but all of which taken together shall constitute one instrument.
IN WITNESS WHEREOF,the parties hereto have caused this Third Amendment to be executed
in their respective names,the day,month and year first above written.
STATE OF NORTH CAROLINA
COUNTY OF WAKE
LODESTAR 'TOWERS,INC.
a Florida corporation
By:
Name:Dale A.C rey
Its:President —Wireless D.ision
The foregoing instrument was acknowledged before me this the day ofk.rib -,2001,by Dale A.Carey,as President —Wireless Division for Lodestar Towers,
Inc.,who is personally known to me,and that he acknowledged executing the same on behalf of Lodestar
Towers,Inc.
.,iiiiinrje,o',fii,.,,.,'isSt C His,„.1,,,.,..-%Cs Ito •....;;...Notary Public..
$'44,0 :.3 _...0 riot-se
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Rev 412/24/2004
Witness
Witness
STATE OF FLORIDA
COUNTY OF LEON
I hereby certify that on this day,before me,an officer duly authorized in the state of Florida
aforesaid and in the county aforesaid to take acknowledgements,personally appeared Jostf!Abreu,well-
known to me to be the Secretary of the Florida Department of Transportation,who is personally known to
me,and that he acknowledged executing the same on behalf of the Slate of Florida in the presence of twosubscribingwitnessesfreelyandvoluntaryunderauthoritydulyvestedinhimbysaidstate.
Witness my hand and official seal in the county and slate last aforesaid this the day of
2004.
.••
Florida Department of Transportation
Comptroller's Office
FLORIDA DEPART I=TRANSPORTATION
an agency of the slat of Rork
13y:
Tose Ab u
Se •tar
Notary
Name:
Commission Number
My commission expires:
FOR DOT USE ONLY
-•--Contractual Service Office General Counsel's office
3 #(1.9(Y.,v l -FT.)[T Third Amencirrim
Rev.02/24/2004