Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60H - Division of Facilities Management › Chapter 60H-9 - LEASE OR SUBLEASE OF STATE OWNED PROPERTY FOR E911 SYSTEM WIRELESS COMMUNICATIONS FACILITY › Section 60H-9.005 - Negotiation of Lease Agreement

Current through Reg. 50, No. 138; July 16, 2024
(1) After
				the Provider obtains written notification of Preliminary Determination from the
				Owner Agency and Managing Agency that the identified property is Available, the
				Provider shall submit to the Department a written request to initiate the
				review of the lease agreement and to initiate negotiations of the lease fee.
				Copies of the request shall be sent to the Owner Agency and the Managing
				Agency. Such request shall attach the proposed lease agreement for the
				identified State-owned Property including any additional language requested by
				the Managing Agency regarding security, access or other site-specific issues
				necessary to protect the Managing Agency's interests and copies of the
				Preliminary Determination documents. The process of negotiating the terms and
				conditions of the lease agreement shall be done simultaneously with the
				preparation by the Provider of those materials required to be submitted to the
				Owner Agency and Managing Agency pursuant to subsection
				 60H-9.004(9),
				F.A.C.
(2) Upon receiving a
				proposed lease agreement with written notification(s) of Final Determination,
				the Department shall review for sufficiency, identify missing information
				required of the Provider and enter into negotiations with the Provider when the
				lease agreement is completed. Upon notification by the Department of incomplete
				documentation to negotiate a lease agreement, the Provider shall have 90 days
				to complete the remaining requirements as defined by the Department in
				accordance with Rule Chapter 60H-9, F.A.C. A completed proposed lease agreement
				shall address conditions and technical specifications, as described below. The
				date and time of receipt of the written request for Preliminary Determination
				of Availability by the Department will determine the order of review of each
				specific site for the lease agreement.
(3) When the proposed lease agreement request
				is found to be complete, copies of the completed request shall be provided to
				the Owner Agency and the Managing Agency. The Owner Agency and the Managing
				Agency shall provide to the Department any objections to the proposed lease
				agreement within thirty (30) days of receipt of such notice. Any objections by
				the Owner Agency or Managing Agency shall be considered in lease agreement
				negotiations by the Department. Objections shall be provided by registered mail
				to:
Department of Management Services
Facilities Program Director
Division of Facilities Management and Building
				  Construction
4050 Esplanade Way
Suite 380
Tallahassee, Florida 32399-0950
(4) The Department shall negotiate each
				proposed lease agreement as follows:
(a) All
				leases or subleases for use of telecommunications facilities on State-owned
				Property not excluded as set forth in Rule
				 60H-9.003, F.A.C., shall be
				approved by the Department. The Department's approval must be obtained in
				accordance with this rule chapter for each lease agreement pursuant to Section
				 365.172(11)(e),
				F.S., for all State-owned Property not excluded as set forth in Rule
				 60H-9.003, F.A.C.
(b) Lease agreements shall take into account
				the specific site, the type of facility proposed, and the technical and leasing
				requirements of the proposing Provider, as well as any additional language
				required by the Managing Agency regarding security, access or other
				site-specific issues necessary to protect the Managing Agency's interests. The
				lease agreement shall address terms and conditions and technical
				specifications, including the following subjects, as applicable under the facts
				pertaining to each proposed location:
1.
				Definition of the lease type as to land for a tower, building rooftop or
				collocation on existing vertical structure;
2. The parties to the agreement;
3. Description of the real property or
				structures being leased to the Provider;
4. Notice requirements, including
				addresses;
5. Description of
				easements for access rights and utilities for the Provider to the State-owned
				Property;
6. Defined time for terms
				and any extended terms of the Lease Agreement;
7. Termination provisions;
8. Defined requirements for any fees and
				payments under the lease agreement, including clearly defined rental terms,
				rent escalation amounts and other necessary fees;
9. Provider requirements for payment of all
				required taxes, obtaining all required permits, and providing a Project Manager
				to coordinate with all government entities;
10. Defined terms for assignment and
				subleasing under the Lease Agreement;
11. Defined terms and conditions for
				subleasing or licensing tower space for collocation of other Providers'
				equipment;
12. Requirements for
				installation, maintenance and repairs of installed equipment by the
				Provider;
13. A statement regarding
				compliance with regulatory requirements of all regulatory agencies;
14. A statement defining ownership of real
				and personal property;
15.
				Requirements for notification for approval of all material modification of the
				facilities on leased property and the potential for additional rent;
16. Requirements for collocation of
				additional wireless communications equipment and services;
17. Requirements for equipment removal at
				termination of lease agreement or abandonment and restoration of
				property;
18. Requirements for
				entry by Sublessor to subleased property and fire and casualty damage
				responsibilities;
19. Requirements
				for security and subcontractor or subcontractor agent access;
20. Requirements regarding asbestos
				containment;
21. Requirements for
				tower removal performance bonds;
22. Requirements regarding compliance with
				Chapter 119, F.S., the Florida Public Records Act;
23. Requirements for dispute
				resolution;
24. Requirements for
				the prevention of radio frequency interference by the parties;
25. Requirements for insurance, general
				liability, Workers' Compensation, commercial auto liability and owner's
				contractor coverage;
26.
				Requirements for indemnification by the Provider arising out of the lease or
				sublease, and assistance of investigation;
27. Requirements regarding default under the
				lease agreement, cure provisions, remedies upon default, and termination of the
				lease agreement;
28. General
				requirements covering authority of the parties, permitting, governing law,
				severability, commencement and effective dates;
29. Requirements for maintenance and repairs
				of the facilities of the Provider;
30. Requirements for tower lighting, marking,
				and signage;
31. Requirements for
				inspection of the property and buildings and other necessary due diligence
				activities by the Provider;
32.
				Requirements for utility service to service Provider's facilities;
33. Conditions precedent and subsequent for
				all required governmental approvals by Provider, and continued technical
				compatibility, and termination rights associated therewith;
34. Rights of the parties upon sale of the
				underlying property;
35. A
				description of environmental conditions of the underlying property or building
				and responsibilities for remediation of environmental conditions;
36. Condemnation provisions;
37. Casualty provisions;
38. Waiver of liens and rights of Provider to
				finance or collateralize its facilities;
39. Covenant of quiet enjoyment in favor of
				Provider;
40. Recording
				provision;
41. Successors in
				interest;
42. Force
				majeure;
43. Proper exhibits,
				including a site plan of the leased property, diagrams of proposed tower or
				antenna installation, survey of the leased property and technical
				specifications of the proposal;
44.
				A copy of any lease agreement on the property currently in place, including
				leases with the Board of Trustees of the Internal Improvement Trust Fund;
				and
45. Signatures of the parties
				required to execute the lease agreement.
(c) The Department shall negotiate reasonable
				fees for leasing State-owned property that reflect the market rate for the type
				of facility or geographic location of the property. Rental rate will be derived
				from use of set rate schedules, and other reasonable means of determining fair
				market value for the specific location and placement in question and as
				described in subsection (5) below. Distribution of Lease Agreement proceeds
				between the Owner Agency and Managing Agency shall be defined in and pursuant
				to the Lease Agreement. In cases of a Lease Agreement between a Provider and an
				Owner Agency, the Owner Agency shall receive 100% of the proceeds.
(d) If agreement is reached, the Department
				will circulate the negotiated Lease Agreement among the Owner Agency, Managing
				Agency and Provider for final signature and execution.