Cell Tower RFP

REQUEST FOR PROPOSALS
FORA
WIRELESS COMMUNICATIONS SUPPORT
FACILITY OWNER OPERATOR
st.petersburg
wwwstpete.oru
Cell Tower - RFP 62nd Avenue Northeast V2c

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TABLE OF CONTENTS
SECTION I: BACKGROUND AND GENERAL INFORMATION
SECTION II: TOWER REQUIREMENTS
SECTION III: SITE PLAN & CONDITIONS
SECTION IV: SUBMISSION REQUIREMENTS
SECTION V: MINIMUM SELECTION CRITERIA
SECTION VI: REVENUE PROJECTIONS
SECTION VII: COMPARITIVE SELECTION CRITERIA
SECTION VIII: CITY APPROVALS
SECTION IX: LOGISTICS
SECTION X: LEASE
SECTION XI: USE RESTRICTIONS
SECTION XII: GROUNDING
SECTION XIII: FACILITY
SECTION XIV: ACCESS, PARKING AND UTILITY NEEDS
SECTION XV: EQUIPMENT BUILDING
SECTION XVI: EMERGENCY POWER
SECTION XVII: SITE SECURITY
SECTION XVIII: TOWER CAMOUFLAGE OPTIONS
SECTION XIX: ENVIRONMENTALLY RESPONSIBLE PRACTICES AND MATERIALS
SECTION XX: REGULATORY PROCESS
SECTION XXI: DEFINITIONS
SECTION XXII: GENERAL OBLIGATIONS

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SECTION XXIII: INSURANCE
SECTION XXIV: ACCEPTANCE OF LEASE AGREEMENT, SPECIFICATIONS AND

OTHER REQUIREMENTS
SECTION XXV: ACCEPTANCE OF THE REP, SPECIFICATIONS AND OTHER

REQUIREMENTS
SECTION XXVI: PROPOSAL SUBMITTAL
SECTION XXVII: AWARD OF AGREEMENT
SECTION XXVIII: DATA COLLECTION
SECTION XXIX: TRADE SECRETS - EXEMPTIONS TO PUBLIC RECORDS DISCLOSURE
APPENDIX A: LEASE AGREEMENT
APPENDIX B: AERIAL PHOTOGRAPH OF THE SITE
APPENDIX C: A SURVEY OF THE SITE (to be provided later)
APPENDIX D: SPECIAL EXCEPTION APPLICATION
APPENDIX E: BID BOND FORM
APPENDIX F: PUBLIC CONSTRUCTION BOND

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SECTION I BACKGROUND AND GENERAL INFORMATION
A. PURPOSE
The City of St Petersburg (“City”) is issuing this Request For Proposals (“RFP”) for a
qualified wireless facilities provider(s) or wireless facilities and communication service
provider(s) (“Provider”) interested in designing, permitting, constructing, operating,
maintaining and owning a wireless communications support facility (“WCSF”) to be
constructed on land leased from the City located immediately east of 1160 Sixty Second
Avenue Northeast, on property owned by the City, for the purpose of providing
improved wireless voice and data services to the general public and public safety
employees in northerly northeastern St. Petersburg.
B. LOCATION OF THE TOWER
The Tower is to be constructed on that property is shown below as the “Subject Site,”
herein after referred to as premises (“Premises”). The approximate Global Positioning
System (“GPS”) coordinates of the Premises are N2749.762 and W08236.861. The City
will require the Provider to have the Premises surveyed by a registered and licensed
Florida land surveyor, during the Due Diligence Period described in Section III A below.
The purpose of having a survey, hereinafter referred to as “Survey”, of the Premises
prepared is to develop an exact legal description of the Premises to be incorporated in
the Lease attached hereto as Appendix “A.” The City will work with the Provider and
the surveyor to define the area needed to provide the Required Services. That will be
the area to be surveyed and become the Premises. The Survey will be certified to the
City and Provider by the surveyor. Five (5) originals of the signed and sealed Survey
will be provided to the City by the surveyor together with an electronic TIFF file of the
final Survey and a WordTM file containing the final legal description.

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C. COVERAGE CAPACITY:
Providers responding to this RFP shall propose a tower of such height, capacity and
structural integrity that it will be capable of providing reliable coverage in the area
within the following boundaries, Fourth Street North easterly to Tampa Bay and from
83rd Avenue North/Northeast southerly to 40th Avenue North and 38th Avenue Northeast
(“Target Area”).
The Provider should indicate in their Proposal the anticipated signal strength levels
(coverage) in the Target Area using standard industry cell location techniques and
antenna locations on the proposed Tower. The City understands this information is
theoretical and may vary significantly in actual practice.
SECTION II TOWER REQUIREMENTS
The Tower will at a minimum be a one hundred and fifty (150) foot high monopole, owned,
operated and managed by the Provider selected by the City. Said Tower shall be of sufficient
diameter to accommodate six (6) wireless communication service providers’ antenna arrays and
cables at antenna locations on the Tower to be determined.
The monopole shall be of continuous taper, with no exposed flange joints, such as a slip-joint
style design. The monopole shall meet TIA/EIA standard 222-F Structural Standards for Steel
Antenna Towers and Antenna Supporting Structures, or subsequent revision if adopted as a
standard prior to the commencement of the design phase. The Provider selected by the
selection committee shall construct a foundation compatible with these specifications. All
foundation and tower designs must prepared, signed and sealed by a structural engineer who is
licensed, certified and registered in the state of Florida as a professional engineer and shall be
submitted to City for approval during the Due Diligence/City Approval process. The Tower
and all related structures must conform to the State of Florida FLA RS 222 E or most current
version of the wind loading requirements. The above approvals are in addition to the approval
of the Federal Aviation Administration (“FAA”).
All security surveillance systems and any modification thereto must obtain the written approval
of the City, in its sole and absolute discretion, prior to installation or modification. There shall
be no visual access into the Northeast Waste Water Treatment Plant (“Treatment Plant”) from
any tower site audio and/or video security systems. The Provider shall supply the City’s
Treatment Plant, at the sole cost and expense of the Provider, with a direct connection to all site
security surveillance and site audio and/or video security systems prior to the system “going
live.” Any cabling necessary for the connection to the Treatment Plant will be brought to the
easterly perimeter of the Treatment Plant, via a secure underground conduit.
A. TOWER DESCRIPTION:
The City is seeking proposals from qualified Providers to design, engineer, construct,
own, operate, manage and maintain a new 150-foot mono-pole telecommunications
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tower together with the necessary support equipment and structures, related
infrastructure and improvements (“Tower”) whose purpose is to provide reliable
wireless voice and data service to the Target Area. Current zoning allows towers up to
150 feet high and the City will be a co-applicant (as property owner) with the Provider
to obtain the required approvals.
The successful Provider will design, engineer and construct, own, operate, manage and
maintain the Tower and its associated building(s) and all site improvements within the
approximate 150 foot by 225 foot footprint, hereinafter referred to as the “Premises” and
generally illustrated in Appendix “B” attached hereto and forming a part hereof by
reference. The Provider will be responsible for the installation of all equipment
necessary to support Tower operations together with the necessary underground
connections to public utilities from 62nd Avenue Northeast. Final designs for the Tower
and all other site improvements shall be submitted to the City by the Provider and shall
be subject to approval by the City, in its sole and absolute discretion.
B. TOWER OPTIONS:
The Provider may also submit an option to construct a wireless communications tower
in excess of 150 feet tall. Any proposed Tower in excess of 150 feet tall will require a
height variance in addition to the approval process required for a 150 foot tall Tower.
The height variance will be reviewed at that time of submittal and if that proposal is
selected, a public hearing will be scheduled to consider the height variance.
C. RIGHTS TO THE TOP OF THE TOWER:
The City reserves the right to use the top ten (10) feet of the Tower to install, operate and
maintain a transmitter for the City owned and operated Channel 35 public information
television channel and any emergency broadcasting or public service transmitters and
receivers it considers appropriate. The City also reserves the right to attach all
associated cabling to the Tower to link the transmitters and receivers to the ground
based operational equipment, power supply sources and grounding devices. These
reserved rights shall be assignable by the City in its sole and absolute discretion.
D. CITY OWNED EQUIPMENT BUILDING:
The City reserves the right to construct, access, operate and maintain a ten (10) foot by
ten (10) foot equipment building within the secured portion of the Premises to house the
equipment necessary to operate any City owned equipment, located on the Tower. The
City will work with the successful Provider to ensure that the City improvements to the
site do not adversely impact the ability of the Provider to supply the required services.
These reserved rights shall be assignable by the City in its sole and absolute discretion.

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SECTION III SITE PLAN & CONDITIONS
The Provider shall submit a site plan (“Site Plan”) that has been prepared in accordance with
all applicable requirements, including but not limited to those found in Chapter 16, of the City’s
Land Development Regulations (“LDR’s”). The LDR’s are available at
http://www.stpete.org/development/Land Development Regs.asp. Even though not required
by the LDR’s, the City desires to have the Premises landscaped with “native” plant materials.
The Tower base must be setback twenty five (25) feet from the front property line, seven and
one half (7½) feet from each side and twenty (20) feet from the rear property line. The secured
area containing the Tower and building(s) shall consist of a surface of gravel or shell. The
Tower and improvements shall be encompassed by a solid fence (no chain link) with a lockable
gate at a maximum height of eight (8) feet. Access shall be from 62nd Avenue Northeast only
and shall be via a paved apron to be constructed by the successful Provider. The interior of the
“fenced in” portion of the Premises shall have a minimum of three parking spaces.
For the purposes of estimating foundation design and cost, the City has no detailed information
indicating the nature of the soil or subsurface of the Premises. The tower foundation design
must be approved by a Florida licensed and registered Professional Engineer. The Provider
shall secure soil arid core samples at their own cost. A copy of the all geological testing and
reports concerning the Premises shall be provided to the Real Estate and Property Management
Department (“REPM”) Department. All Providers should refer to the “Due Diligence” and
“Conditions of the Premises” portions of this RFP found in Section III A and B.
The Site Plan shall illustrate the area of disturbance during the site work for the installation of
the access driveway, the utility connections, communications building(s), and construction of
the one 150-foot monopole tower. Detailed landscaping, fencing and any other features
customary to such an installation or necessitated by the use of this site shall also be included on
the Site Plan. As described elsewhere in this RFP, temporary driveway preparation will be
necessary from 62nd Avenue Northeast. The Provider shall submit to the City a profile drawing
showing any improvements to the Premises that will be visible above the top of the fence.
Within the fenced in portion of the Premises, the Provider shall construct a hard-packed (non-
paved) surface on which vehicles can access the secured portion of the Premises and park. The
Premises shall be graded in such a way that stormwater runoff from the premises does not
negatively impact the Treatment Plant, schools or surrounding neighborhoods and shall be
landscaped with “native” materials in a manner that is in keeping with the facility’s
surroundings. A suitable solid fence with a lockable gate shall be installed. The visual
character of the completed facility will be given consideration in selecting the successful
Provider. Any removal of non-native vegetation from the Premises and replacement with
appropriate native materials by the Provider will be viewed favorably by the City.

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A. DUE DILIGENCE PERIOD:
The Provider will have one hundred and twenty (120) days from the date that a lease
with the Provider is approved by City Council to conduct any necessary testing or
evaluation of the Premises and complete the Development Review Commission and Site
Plan approval process required by the City as described in Section VIII. In the event that
any of the testing determines that a condition exists on the Premises that would make it
financially urifeasible for the Provider to supply the Required Services or the Provider is
unable to obtain any of the required approvals from the City or other governmental
agency, the Provider may terminate the Lease with no further liability.
B. CONDITION OF THE PREMISES:
1. The City is unaware of any environmental conditions that may adversely impact
the Premises. The Provider may elect to retain a properly qualified environmental
consulting firm to conduct an environmental site assessment of the Premises. Should
the Provider decide to have an environmental site assessment of the Premises
conducted, said environmental site assessment shall be done at the sole cost and expense
of the Provider.
2. The City is unaware of the presence of any archeologically significant artifacts or

other materials on the Premises that could adversely impact development. The Provider
may choose, at its sole cost and expense, to retain a properly qualified archeological
resource assessment firm to conduct an evaluation of the Premises.
3. The City is unaware of any adverse geological conditions that would negatively
impact the development potential of the Premises. The Provider may want to, at its sole
cost and expense, retain a properly qualified engineering firm to conduct a geological
evaluation of the Premises.
4. A copy of all reports and work product generated for the Provider concerning
the environmental, archeological and geological condition of the Premises shall be
provided to the City within ten (10) days of their completion.
SECTION IV SUBMISSION REQUIREMENTS
A. Interested Providers will submit proposals for consideration by the City in accordance
with the schedule found in Section XXVI of this RFP. Proposals are to be received by the City
on or before the submission date. Any proposals received after the submittal time and date will
not be accepted.
Minimum Submission Requirements of proposals include:
1. Name, company name, address and telephone number of the Provider, a detailed
breakdown of the ownership of the company and any holding companies.
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2. Name, company name, address and telephone number of a contact person that is
authorized to negotiate on behalf of Provider.
3. All Providers shall submit a detailed resume of qualifications. The resume shall
include any information regarding technical, financial, and administrative capability to
execute the project that the Provider considers pertinent to the City’s determination of
its competence relating to the project. Additionally, the resume should include evidence
of at least five (5) years successful experience with the design, engineering, construction,
operation and maintenance of wireless towers and ground facilities. The Provider will
provide written descriptions of comparable facilities that they have constructed and
names, titles, and contact information of people benefiting from the construction, either
property owners, tenants, or other parties in interest to the facilities. By submitting
these names, the Provider grants the City permission to contact these references to
discuss the Providers performance.
4. A detailed project proposal containing any pertinent information that will assist
the evaluation committee in selecting the Provider that will design, construct, maintain
arid operate the Tower in a manner that is most beneficial to the City. Suggested
information that the Provider would want to include, but not be limited to, special
features, alternative design options, terms and/or conditions, schedule of completion,
maintenance and any exclusions in the proposed scope.
5. A detailed site plan showing how the Premises is to be developed with plans of
the proposed Tower that have been prepared by a Florida licensed professional engineer
or architect. A detailed list of materials, including but not limited to, building
specifications, plans and landscaping materials, fencing, tower specifications and plans,
other materials and finishes are required. The Provider is encouraged to submit items
that meet the City’s Environmentally Preferable Purchasing (“EPP”) program standards.
6. The ability to provide construction insurance or a bond to secure the completion

of the project.
7. The Provider will submit to the City, with the other materials required by this
REP, an affidavit acknowledging that the City will not participate in the funding of the
construction, maintenance or operation of the Tower or any of the improvements to the
Tower or Premises, except those owned by the City.
SECTION V MINIMUM SELECTION CRITERIA
At a minimum, Provider must include the following materials in order for their proposal to be
considered:
1. Those items identified in the “Minimum Submission Requirements” and other

requirements outlined in Section IV.
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2. A representative list of previous projects arid references.
3. Any other information the Provider determines would be helpful m the City’s
evaluation of their proposal.
4. Optional changes to the site design or structures or equipment that may result in
improvements in any or all of the following areas: reduced impact on the community,
improved appearance, improved cost or efficiency, improved safety, reliability or an
increased revenue stream to the City.
5. Bid Bond Requirements:
a. A Bid Bond in the amount of $50,000 per the attached form as found in
Appendix “E”. The Bidder may submit a bid guarantee in a form satisfactory to
the City, with a surety company qualified to do business in the State of Florida
and conditioned upon faithful performance by the principals of the agreements
contained in the bid. In lieu of a bid bond, the Bidder may submit an irrevocable
letter of credit, cash, certified check, or a treasurer’s or cashier’s check issued by a
responsible bank or trust company payable to the City of St. Petersburg.
The bid deposit shall be paid into the funds of the City of St. Petersburg, Florida,
as liquidated damages if the Bidder fails to execute the written Agreement and
furnish the required Agreement security bond within 10 consecutive calendar
days following written notice of the award of the Agreement.
The cash, certified check, treasurer or cashier check of the Unsuccessful Bidders
will be returned to the parties submitting same after the execution of an
Agreement, or in the event that all the bids are rejected.
b. A Payment & Performance Bond in the amount of $1,000,000 per the

attached Appendix “F”. In lieu of a Public Construction Bond, the Bidder may
submit an irrevocable letter of credit, cash, certified check, treasurer’s or cashiers
check issued by a responsible bank or trust company payable to the City of St.
Petersburg.
c. Prior to the Provider or any of its employees, agents, representatives,

contractors, subcontractors or volunteers accessing the Premises, the Provider
shall execute a Hold Harmless Agreement in favor of the City, whereby the
Provider, its employees, agents, representatives, contractors, subcontractors or
volunteers shall defend at its expense, pay on behalf of, hold harmless and
indemnify the City, its officers, employees, agents, invitees, elected and
appointed officials and volunteers from and against any and all claims, demands,
liens, liabilities, penalties, fines, fees, judgments, losses and damages (whether or
not a lawsuit is filed) including, but not limited to, costs, expenses and attorneys’
fees at trial and on appeal (collectively, “Claims’) for damage to property or
bodily or personal injuries, including death at any time resulting there from,
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sustained by any person or persons, which damage or injuries are alleged or
claimed to have arisen out of or in connection with, in whole or in part, directly
or indirectly from accessing the Premises and surrounding property.
6. A set of detailed plans for the Tower and all other improvements to the Premises.
7. Revenue projections for the twenty (20) year term of the Lease.
SECTION VI REVENUE PROPOSALS
All Providers must submit a separate and sealed Revenue Proposal to the City simultaneously
with the submission of their response. All projected revenues required in this RFP shall be
carried out through the conclusion of the initial twenty (20) year term of the lease. The Revenue
Proposal may be in the form of a fixed monthly amount as well as the proposed percentage of
the lease revenue the City will receive. The minimum acceptable revenue proposal will contain
a monthly lease fee to be paid to the City for the use of the land, plus any changes in lease
payments based on the number of subtenants occupying the Tower or on the revenue obtained
by the Provider from Subtenants.
SECTION VII COMPARATIVE SELECTION CRITERIA
The proposals will be evaluated based on the factors set forth in this RFP arid may be reduced to
three or less Providers. Discussions may be conducted with these Providers to further clarify
the Citys requirements and the Providers proposal. Providers may be required to make
presentations.
The City may elect to select the Provider without discussions. Therefore, each initial offer
should contain the Provider’s best terms from a cost or price and technical standpoint.
The ranking of proposals may be completed by a selection committee made up of City staff in
accordance with City Procurement procedures.
1. The City will evaluate each proposal according to the Providers ability to
provide the required level of service, design, engineer, construct and maintain the
facility based on a combination of revenue, qualifications, proposed features, structures
and materials, and other information it deems relevant to its decision. A minimum of
• five (5) years experience in constructing, owning, operating, managing and maintaining
similar facilities is required.
2. The City’s selection of a Provider will be based on its determination that a

particular Providers’ proposal best suits the following goals: the plans are of superior
technical quality, comply with City Codes, are clear and concise and will result fri a
facility that can be operational no later than the agreed written date of Completion of
Construction and the facility will have capacity for the provision of wireless services
(voice and data) and generate revenue for the City.
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3. Demonstrated ability to accomplish the project by a target date of April 19, 2010.
4. A proposal where the equipment located thereon is as unobtrusive as possible.

All base station equipment shall be installed within the building(s). Graphics
illustrating that the tower and the ground equipment are visually compatible with the
surrounding area and open space should be submitted with the Proposal.
5. Creative alternatives that reduce the visual impact of the facility without
compromising its performance, revenue or reliability are desirable, and may be
submitted as options to the proposal.
6. Proposals should minimize the demand on ground space.
7. The Tower shall be designed in such a manner that it permits expansion to

accommodate future subtenants with minimal or no disruption to Tower operations.
8. The proposal should maximize revenue to the City form Tower operations.
9. Any Provider who has agreements in place with AT&T Wireless and VERIZON
to sublease available tower space at market rates will be considered advantageous. A
Provider whose proposal commits to aggressively pursue subleases with AT&T Wireless
and Verizon will also be considered advantageous.
10. The City of St. Petersburg reserves the right to reject, at any time during the
selection process, any arid all proposals which, in its sole and absolute discretion, are
determined to not be responsive to the RFP or otherwise not to be in the City’s best
interest. The City reserves the right to accept a proposal even though it may not be
completely responsive.
11. Following the conclusion of the City’s evaluation of the responses to the REP,
REPM representatives will finalize a Lease with the selected Provider. The lease will be
similar to the one incorporated herein as Appendix “A.”
SECTION VIII CITY APPROVALS
After the Lease has been executed by the Provider, REPM will present the Lease to the City
Council of the City of St. Petersburg for consideration and if approved, subsequent execution by
the Mayor or his designee.
The Premises are located on land that has a neighborhood suburban zoning and is located
within two hundred and fifty (250) feet of residential property; it will require review by the
City’s Development Review Commission (“DRC”) as development of the Premises as a wireless
communications facility is classified as a special exception (“SE”). A blank SE application is
attached hereto as Appendix “D.”
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As the Premises is City owned property, the City will be a co-applicant to the SE application.
While the City may address specific questions the Provider may have, completion of the SE
application, payment of any fees, and the preparation of the SE application and any required
attachments will be the responsibility of the Provider, at its sole cost and expense.
The DRC meets monthly on the first (1st) Wednesday of each month. Processing of a SE
application through the DRC requires approximately six (6) weeks. There is $900.00 non
refundable application fee that must be paid to the City, by the Provider, at the time that the SE
application is submitted. The Provider will also be required to submit with the SE application, a
site plan demonstrating compliance with City Code section, 16.50.480.3, including fencing,
landscaping, driveway and parking.
The SE application must also include an illustration of the proposed Tower and a map showing
the areas to be served by the tower. Property owners and neighborhood associations within
two hundred (200) feet of the Premises will be notified by the Provider of the proposed SE and
invited to the DRC meeting at which the subject SE will be considered.
The DRC meeting, as a public hearing, will provide neighborhood businesses, occupants and
residents the opportunity express their support or opposition to the project. The DRC can
approve the SE application, approve it with conditions or deny the application. A denial by the
DRC may be appealed to the City Council.
In addition to the SE approval process described above, a height variance must be sought for
any proposed tower exceeding a height of one hundred and fifty (150) feet. The height variance
would be reviewed at that time and considered at the public hearing as a special exception.
SECTION IX LOGISTICS
1. The City desires to have the new facility fuily operational by April 19, 2010
(“Completion of Construction”).
2. The Provider should be prepared to file an application for the Tower with the
DRC within two (2) weeks of the approval of the Lease for the Premises with the
selected Provider by City Council and the preliminary acceptance of the site plan and
Tower design by City staff.
3 The City is very interested in having AT&T Wireless and VERIZON as wireless
communication service providers located on this Tower. The Provider, if not AT&T
Wireless and or VERIZON, needs to be able to accommodate AT&T Wireless and
VERIZON as subtenants on the Tower.

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SECTION X LEASE
The Provider must certify in this section that it has read and understands the terms of the Lease
that is attached hereto as Appendix “A.”
SECTION XI USE RESTRICTIONS
Use of the site is limited to the wireless communications services for which the facility is being
constructed. It is intended to be an un-manned site used only for the transmission and
reception of the wireless communications provided by the Provider and its subtenants. Only
those activities directly related to the operation and maintenance of the communications
systems structures and utilities at the site are permitted. Any addition or modification to the
uses that may be desired by the Provider in the future will require an amendment to the Lease
and may be subject to approval by City Council and the Mayor as City policies may require, in
its sole and absolute discretion.
The Provider will be responsible for the removal, at its sole cost and expense, of all antennae,
antennae mounting hardware, feed line(s) and other equipment associated with any service
provider, either at the termination of their lease, or when they discontinue their use of the
facility, whichever comes first. No unused or removed antennas or cable may be stored at the
site. A performance guarantee to ensure this occurs will be required.
Operation of the tower shall not interfere with the Treatment Plant operation, or any of its
communication systems.
The operation of the tower shall include security measures that prevent ‘hacking’ into the
Treatment Plant communication system, i.e., SCADA system.
SECTION XII GROUNDING
The Provider shall supply and install a complete grounding system to protect the tower, the
building, and its internal and external equipment. The Provider shall design the grounding
system, submit documentation of its design and obtain City approval prior to its installation.
The completed grounding system shall be tested and the test results shall be submitted to the
City for approval. Appropriate buss bar points of connection shall be available for the radio
installers to conveniently make, properly route, and reliably connect to the grounding system in
conformance with grounding specifications.
SECTION XIII FACILITY
1. The Provider will coordinate with the City to develop a final site plan for the
Premises including the underground installation of all utilities, ingress & egress,
parking, fencing, security and lighting. All site illumination shall be installed in such a
way as to minimize its impact on the surrounding residential neighborhoods. Any FAA

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required lighting shall be installed in complete compliance with all applicable FAA
guidelines and regulations.
2. The Provider will provide the City with signed and sealed engineering drawings
sufficient to demonstrate compliance with the design criteria found in this RFP and all
other applicable regulations and all requirements of the permitting process, and
construct the Tower and all other improvements necessary to comply with all the
requirements of this RFP.
3. Provide the City with copies of all analyses, such as structural, soil, conservation,
and the like, necessary for the permitting and construction of the Premises. This shall
include defining the area of the site to be disturbed by activities associated with the
construction of the Tower and related improvements.
4. Provide the City with signed and sealed detailed as-built construction drawings
incorporating the originally approved design and all subsequent modifications to the
approved site plan and construction drawings adopted through out the project, both
electronically and in hard copy forms, within forty-five days of the receipt of a final and
unconditional Certificate of Completion by the City.
SECTION XIV ACCESS, PARKING AND UTILITY NEEDS:
The Provider shall be responsible for the construction of a temporary gravel access driveway
from 62nd Avenue Northeast to the Premises. This will be a temporary driveway until the
installation of a permanent paved driveway can be completed toward the conclusion of
construction activities. It will be necessary, depending on construction scheduling, for the
Provider to coordinate this access with the Engineering Department. All necessary permits
must be obtained from the City, County, State or other governmental agency at the sole cost and
expense of the Provider. The Provider shall install an underground two (2) inch utility conduit
from inside the secured portion of the Premises to 62nd Avenue Northeast for the exclusive use
of the City.
The Provider shall be responsible for the underground installation of all utilities, including but
not limited to, electrical and telephone in a sufficient capacity to serve all uses anticipated on
the site (six potential wireless service providers). Connections will be made to nearby utility
lines on 62nd Avenue Northeast in a manner that is most appropriate for the site. All necessary
permits must be obtained from the City and paid for by the Provider.
Access to the site through the Treatment Plant is prohibited. Access must be via a separate
permitted entrance off of 62’ Avenue Northeast. The driveway connecting the secured portion
of the Premises to 62nd Avenue Northeast shall be of such a length and width that it provides an
adequate vehicular stacking area for three (3) commercial service vehicles.
No hazardous materials may be stored on sight except in those quantities that are normally
maintained in connection with the approved use of the Premises. The Provider shall supply the
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Treatment Plant and St. Petersburg Fire & Rescue (“SPF&R”) with a listing of all hazardous
materials to be present on the Premises and their location on the Premises together with copies
of the manufactures safety data sheet (“MSDS”) for all hazardous materials present on the site,
prior to placement of the hazardous materials on the site. Copies of the universal hazardous
materials warning signs shall be posted on the entrance to the secured portion of the Premises
notifying the applicable Public Safety agencies of the existence of the hazardous materials. In
side the secured portion of the Premises the Provider shall clearly post the location(s) of the
hazardous materials.
The site must be developed so as to minimize the impact to vehicular traffic on 62nd Avenue
Northeast from vehicles entering and exiting the Premises. There shall be a minimum of three
(3) parking spaces in the secured portion of the Premises.
SECTION XV EQUIPMENT BUILDING:
The City desires a single equipment building to accommodate all service providers in lieu of
separate “cabinets” or structures. The Provider shall supply a pre-cast concrete shelter, or
equivalent, with a textured finish in keeping with the surrounding area. Provisions shall be
made for heating and cooling needs of the equipment. The Equipment building shall consist of
one (1) building capable of fitting within the portion of the Premises designated as the fences in
and secured area and providing sufficient space for six (6) wireless service providers. The finish
and trim of the building shall be approved by the City. An elevated prefabricated concrete
structure is considered desirable for its ruggedness. The building shall be equipped with tile
floors, interior lighting, air conditioning system, an electrical distribution panel, transient
voltage surge suppression, safety and security alarm systems, and internal ground system to be
bonded to an external ground system.
Recognizing the trend in the industry for individual equipment shelters for wireless providers,
Provider(s) may submit an alternate plan showing individual equipment enclosures. Each
enclosure must meet all code requirements, and be similar in structure, color and shape. All
standby power systems must meet the requirements in the emergency power section of this RFP
as found in Section XVI, Emergency Power.
SECTION XVI EMERGENCY POWER:
There shall be a single emergency standby power generator capable of supporting all of
equipment in the equipment building, except any City operated equipment. This generator
shall be located in the northwest corner of the fenced and secured portion of the Premises and
in a separate building within a sound reduction enclosure. The exhaust shall be fully muffled
and be directed to the northwest, in such a way as to minimize the impact on the surrounding
residential neighborhoods and schools. The generator noise level shall comply with the
requirements of Chapter 11 of the St. Petersburg City Code as amended.

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If multiple equipment enclosures are proposed the plan shall include details and requirements
for emergency power for each enclosure and the Providers tenant sublease agreement(s) must
include sound limiting requirements for the standby power systems.
All standby power systems shall be installed in such a way as to minimize the impact to
surrounding residential neighborhoods, schools and businesses.
SECTION XVII SITE SECURITY:
The Provider must provide their assurance that all employees, consultants, service contractors,
and subcontractors working on or at the site have successfully passed background checks prior
to working on site. Persons with one or more of the following criteria shall not be allowed
access to the site: a) Be listed on the FBI’s list of suspected terrorists, b) Have an outstanding
arrest warrant against them, c) Be convicted of a first or second degree felony, and d) Been
convicted for drugs or lewd and lascivious behavior. Proper uniforms and identification are
required and must be displayed at all times when on the Premises so that anytime anyone is on
the site they can be readily and easily identified.
All vehicles accessing the site must clearly display the name of the company they are working
on site for.
All video security surveillance systems must be approved by the City prior to installation.
There shall be no visual access into the Treatment Plant by any security system.
SECTION XVIII TOWER CAMOUFLAGE OPTIONS:
The City prefers a camouflaged Tower such as palm or evergreen tree, but also needs maximum
number of providers to be on the tower. Responses should analyze their ability to the add
camouflage to tower and impact to number of providers, structural impacts on the tower, costs
and potential improvements to wireless service with and without camouflage.
SECTION XIX ENVIRONMENTALLY RESPONSIBLE PRACTICES AND

MATERIALS:
It is the policy of the City of St. Petersburg to purchase recycled and environmentally preferable
goods and services. This includes products and services that utilize recycled material, reduce
toxicity and pollution, conserve energy, conserve water and prevent waste. This policy will be
carried out consistent with the City’s obligations and purpose, and with an overall intent to
obtain competitive prices to provide value to the taxpayers.
The Provider shall purchase all construction materials with the highest recovered (recycled)
material content level practical, meeting at least the United States Environmental Protection
Agency recycled products requirements. The Provider is responsible for complying with all

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Environmental Laws as described herein. The Provider must provide or utilize Energy Star or
other energy efficient products where practicable.
SECTION XX REGULATORY PROCESS:
The City and the Provider will be co-applicants for zoning approval. A public hearing will be
required by the DRC as a special exception use because the location is within 250’ of residential
property. Adjacent neighborhood associations and individual property owners within 200’ will
receive notice of the application for zoning approval, from the Provider. The Provider(s) must
participate in all public hearings and neighborhood association meetings related to the
construction of the tower.
Application materials are to be prepared by the Provider, at the sole cost and expense of the
Provider and shall include a search of available data including the impact of the proposed
tower on current and proposed wireless service for this area and include maps evaluating
existing and proposed wireless service coverage. Application materials will include detailed
site plan with tower and equipment location, fencing, landscaping and driveway access. The
Provider is responsible for any and all costs associated with the preparation of the application
and its presentation to all applicable agencies.
The application will be reviewed by DRC at a regularly scheduled monthly meeting; typically
elapsed time between application and meeting is approximately 6 weeks. With DRC approval,
a construction permit application for the site and tower will be submitted by Provider to the
City. The City’s signature on the application is required on application as property owner.
Construction permit applications for the site and tower will be reviewed within 12 working
days
SECTION XXI DEFINITIONS:
Antenna Location: Mounting location on the tower for a single panel antenna array or one or
more whip anteru-tas. The location is usually described by the vertical aperture on the tower
assigned to particular antennas.
Bond: Surety bond shall be issued from a bonding company licensed to do business in the State
of Florida, and listed on the State of Florida Treasurer’s list of approved bonding companies.
Contact: Person designated by a Provider to interface with City of St. Petersburg, Fl.
Final Design: Fully engineered design, certified by a licensed engineering firm signed and
sealed by Professional Engineer registered in the State of Florida and approved in advance by
the City of St. Petersburg, Florida, including, but not limited to:
• mechanical drawings

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• description and assessment of methods of mounting to tower, including
• associated engineering certifications and guarantees to ensure safety and security

structural assessments, including static load and wind-load assessments utility cable
-
routing
• ground structure details, including overall site plan and elevation drawings/photos from
enough perspectives to see all proposed structures, concrete foundation/pad details
• enclosure(s) description (drawings and/or photos), building plans showing plot plan
• elevation drawings, landscaping, fencing and lighting
Ground Structures: shall mean buildings, enclosures utility poles, cableways, fences and/or
other elements related to the facility which are located within the designated parcel but are not
mounted on the tower.
Hazardous Substances: shall mean all hazardous and toxic substances, wastes or
materials, all pollutants or contaminants, asbestos, or other similar substances, and all raw
materials containing such substances which are regulated under any Environmental Laws (as
defined below) and includes, but is not limited to, all petroleum based substances such as
gasoline and oil based products. As such, reference to “Hazardous Substances” is not limited to
substances which necessarily are “hazardous or toxic” but includes any substances regulated
under any Environmental Laws whether or not those substances are “hazardous or toxic”.
Environmental Laws: means any and all federal, state, local, and municipal laws, rules,
regulations, statutes, ordinances, and codes regulating, relating to or imposing liability or
standards of conduct concerning, any Hazardous Substances or environmental protection or
environmental health arid safety, as now or may at any time hereafter be in effect, including
without limitation: the Clean Water Act also known as the Federal Water Pollution Control Act
(“FWPCA”), 33 U.S.C. Section 1251 et seq.; the Clean Air Act (“CAA”), 42 U.S.C. Section 7401 et
seq.; the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”), 7 U.S.C. Section 136 et
seq.; the Surface Mining Control and Reclamation Act (“SMCRA”), 30 U.S.C. Section 1201 et seq.;
the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42
U.S.C. Section 9601 et seq.; the Superfund Amendment and Reauthorization Act of 1986
(“SARA”), Public Law 99-499, 100 Stat. 1613; the Emergency Planning and Community Right to
Know Act (“ECPCRKA’), 42 U.S.C. Section 11001 et seq.; the Resource Conservation and
Recovery Act (“RCRA”), 42 U.S.C. Section 6901 et seq.; the Toxic Substances Control Act, 15
U.S.C. § 2601 through 929 (“TSCA”); the Florida Resource Recovery and Management Act,
Section 403.701, et seq., Florida Statutes; the Pollutant Spill Prevention and Control Act, Section
376.011-376.17 and 376.19-376.21, Florida Statutes; and the Occupational Safety and Health Act,
as amended (“OSHA”), 29 U.S.C. Section 655 and Section 657, and Chapters 376 and 403, Florida
Statutes; together, in each case, with any amendment thereto.

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Panel Antenna Array: A group of one or more wireless directional antennas mounted in
a single antenna location, and typically associated with a single personal wireless service
license.
Personal Wireless Service: Any service licensed by the Federal Communications Commission
to provide Personal Wireless Services as defined by 47 USC §334 (c)(7)(C)(i).
Proposal: A sealed bid by the Provider submitted in accordance with the conditions
established in this Request for Proposal (“RFP”).
Provider: Any party, whether a wireless communications service provider or other

experienced, qualified party capable of designing, constructing and managing a multi-tenant
monopole who responds to this RFP.
Provider Revenue Proposal: A sealed bid listing a proposed monthly lease fee for the use of the
land for the facility, which may contain fixed fees and/or percentages of sublease revenue.
Radio Frequency Communications: Any communications that employ the radio frequency
spectrum to communicate without wires through free space.
Wireless Communications Service Provider: A person or entity who holds a Federal

Communications Commission license to operate a radio frequency communications system that
may lease the Premises from the City for the purpose of owning, maintaining and operating a
wireless communications tower.
Response: A proposal submitted in reply to this RFP.
Subtenant: A wireless communication service provider who holds a Federal

Communications Commission license to operate a radio frequency communications system and
has entered into a valid sublease with the Tower Owner to occupy space on the tower.
Site Coordination: The cooperative effort of the successful Provider to design and engineer a
solution that accommodates the City of St. Petersburg, Fl with the greatest number of potential
tenants.
Successful Provider: A Provider who replies to this RFP and meets all the requirements as
described herein and is selected by the selection committee to enter into a lease with the City for
the Premises.
Tower: The new Tower (monopole), to be located immediately east of 1160 62 Avenue
Northeast within the City of St. Petersburg, Florida.
Tower Owner: The Provider selected by the selection committee who will construct and
own the tower and related facilities.

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Utility: Wired telecommunications provider, electric company, cable company, natural
gas company, or other provider whose service is delivered via pipes, wires or cables.
Whip Antenna: A vertical antenna with omni directional radiation characteristics,

designed to transmit and/or receive wireless communications.
SECTION XXII GENERAL OBLIGATIONS:
The successful Provider will be responsible for complying with all terms and conditions
contained within the Lease with the City, in addition to all other Local, State and/or Federal
rules which may apply. The Tower Owner will be responsible for obtaining and maintaining all
required permits, licenses or other like requirements for the operation of a wireless
communications tower fri the state of Florida.
The successful Provider must be an active legal entity, licensed to do business in the State of
Florida, within fifteen (15) days of approval of the Lease by City Council.
SECTION XXIII INSURANCE:
Prior to the commencement of Tower site preparations and construction, the successful
Provider will be responsible for acquiring the appropriate insurance coverage as required by
the Lease and generally addressed as follows:
The Provider shall provide the City with a Commercial General Liability Policy written by a
company that is authorized and licensed to conduct business in the State of Florida and is
approved by the City. The insurance company shall be at minimum A- rated by A.M. Best (or
similar), approved by the City’s Risk Management Department. The required insurance shall
not be provided by a “Risk Retention Group or Pool.”
Minimum Limits
Bodily Injury and Property Damage Liability
$1,000,000 per occurrence
$2,000,000 aggregate
Workers’ Compensation and Employers Liability

Workers’ Compensation: Per State of Florida Statutory requirements employers Liability:
$100,000 each accident: $100,000 per employee for Disease and $500,000 for all diseases.
Fire Legal Liability with limit of $100,000.
Commercial Automobile Liability with $1,000,000 Combined Single Limit.
Personal Property Insurance for all risks of loss of tenant owned contents at this location.

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All Commercial General Liability policies must include the City of St. Petersburg, it’s officers,
agents, employees and volunteers as “Additional Insureds” under its policies and must be
endorsed to the applicable policy.
The insurance coverage and limits are set at the sole discretion of the City of St Petersburg and
are subject to change or revision as the need arises.
SECTION XXIV ACCEPTANCE OF LEASE AGREEMENT, SPECIFICATIONS AND

OTHER REQUIREMENTS:
In this section, list any exceptions taken to the Lease Agreement (see Appendix “A”),
specifications, or other requirements listed in the Lease. You must reference the Lease section
where exception is taken, a description of the exception, and the proposed alternative, if any.
The Lease Agreement and all terms, conditions, specifications and other requirements of this
Lease shall be deemed accepted by the Provider unless objected to in accordance with this
Section XXIV.
SECTION XXV ACCEPTANCE OF THE RFP, SPECIFICATIONS AND OTHER

REQUIREMENTS:
In this section, list any exceptions taken to the RFP, specifications, or other requirements listed
in this RFP. You must reference the RFP section where exception is taken, a description of the
exception, and the proposed alternative, if any. The RFP and all terms, conditions,
specifications and other requirements of this RFP shall be deemed accepted by the Provider
unless objected to in accordance with this Section XXV.
SECTION XXVI PROPOSAL SUBMITTAL
1. PROVIDER REGISTRATION: All Providers must be registered with the Florida

Division of Corporations to do business within the State of Florida prior to award of an
agreement. All Providers must be registered with the City as a supplier prior to award of an
agreement. The City online Supplier Registration Form is available on the City’s website at
www.stpete.org/purchase/index.asp.
SUBMITTAL PACKAGES: Providers shall submit one (1) unbound and six (6) bound copies
of its proposal. To ensure consistency each hard copy proposal must be in 8 1/2 x 11 inch format
bound and clearly labeled. The proposal should be individually tabbed for each of the items
listed in Section ‘/11 and include page numbers. The CD-ROM, electronic version of the hard
copy original proposal shall be in pdf or MicroSoft Office format. Both the hard copy(s) and
electronic copy(s) shall clearly identify the Provider and the RFP number. The electronic version
should be a continuous document file.
2. DELIVERY: Proposals shall be delivered in hand or by mail to the following address:

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HAND DELIVERY BY MAIL
CITY OF ST. PETERSBURG CITY OF ST. PETERSBURG

Real Estate & Property Management Department Real Estate & Property Management Department
ATTN: Don Crawford ATTN: Don Crawford
One 4th Street North Ninth Floor
— Post Office Box 2842
Saint Petersburg, Florida 33701 Saint Petersburg, Florida 33731-2842
Proposals shall be and clearly marked on the face of the submittal packet:
PROPOSAL FOR 62h1d1 AVENUE NORTHEAST WIRELESS

COMMUNICATIONS TOWER
4. SCHEDULE:
Issue Request for Proposal: Friday, January 16, 2009
Legal Notice: Sunday, January 18, 2009
Last day for questions by Providers: Monday, February 17, 2009
Proposals due by 3:00 P.M.: Friday, February 27, 2009
Select wiiming RFP on or before: Friday, March 27, 2009
Finalize Lease Negotiations: Friday, May 1, 2009
Presentation to City Council: (estimated) Thursday, June 4, 2009
Due Diligence Period Begins: (upon approval of City Council) Thursday, June 4, 2009
Due Diligence Period Ends: (120 days) Friday, October 2, 2009
Construction of the Tower Begins no later than: Monday, October 19, 2009
Tower is completed and fully operational:( six (6) months) Monday, April 19, 2010
5. DEADLINE:
Proposals must be submitted to the City of St Petersburg, Real Estate and Property
Management Department, Attn. Don Crawford, One 4th Street North Ninth Floor, St. —
Petersburg, Florida not later than 3:00 P.M., local time, Friday, February 27, 2009.
Proposals received after 3:00 P.M., local time, Friday. February 27, 2009, will NOT be
considered. The City is not responsible for failure of the United States Post Office,

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Page 23 of 69
private courier, or any other delivery means to deliver a proposal to the appointed place
at the specified time in order to be considered.
6. FINALIST: Finalists may be selected from the qualified proposals and shall be
notified by mail. The finalists may be required to submit additional details.
7. CITY RESERVATIONS: The City reserves the right to:
Modify or otherwise vary the terms and conditions of this RFP at any time prior to
opening date and time, including but not limited to, deadlines for submission, schedules
and proposal requirements.
Waive irregularities in the proposals.
Reject or refuse any or all proposals, or to cancel and withdraw this RFP at any time.
Negotiate with any or all Providers in order to obtain terms most beneficial to the City.
Accept the proposal(s), which, in the City’s sole and absolute discretion, best serves the
interests of the City.
8. CITY CONTACT INFORMATION: Those Providers and parties interested in

submitting a proposal may contact Don Crawford, Administrative Services Officer, Real Estate
and Property Management Department, City of St Petersburg, Municipal Services Center, One
Fourth Street North (9th Floor), Saint Petersburg, Florida or by mail to Post Office Box 2842,
Saint Petersburg, Florida 33731-2842 or by telephone (727) 893-7500 or by email to
donald.crawford@stpete.org. (Note: To assure a timely response, all first time emails should be
preceded with a phone call to avoid being caught in the City’s “SPAM” blocking software).
PLEASE VISIT WWW.STPETESHINES.COM FOR NEWS, QUESTIONS, RESPONSES AND
OTHER INFORMATION ON THIS RFP.
9. COLLUSION: More than one proposal from the same Provider under the same
or different names will not be considered. Reasonable grounds for believing that a Provider is
submitting more than one proposal will cause the rejection of all proposals in which the
Provider is involved. Those proposals will be rejected if there is reason for believing that
collusion exists among Providers, and no participant in such collusion will be considered in any
future proposals for the operation of a Tower for the next six months following the date of the
Proposal submission.
10 DISCLAIMER: The estimate of Premises is believed to be reliable; however,

Providers should rely on their own experts for counsel in this regard. All proposals submitted
to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes.
11. BINDING OFFER: A Providers’ submittal shall remain valid for a period of 150 days
following the Proposal deadline and will be considered to be a binding offer to perform the
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required services. The submittal shall not be modified except for clarifications, and best and
final offers that have been requested and accepted by the City. The submission of a Proposal
shall be taken as prima facie evidence that the Provider has familiarized itself with the contents
of this REP.
12. REQUESTS FOR INTERPREPATION OR CLARIFICATION: No interpretation or

clarification of the REP will be made by a Provider orally. If discrepancies or omissions are
found by any prospective Provider or there is doubt as to the true meaning of any part of the
REP, a written request for clarification or interpretation must be submitted in writing,
addressed to the City of St Petersburg, Real Estate and Property Management Department,
Attn: Don Crawford, One 4th Street North, Ninth Floor, Saint Petersburg, Fl, 33701. E-mail
request for interpretations will be accepted for this project. The email address is
donald.crawford@stpete.org. It is the responsibility of the Provider to verify the City received
any e-mail requests. To be given consideration, such requests must be received by Tuesday,
February 17, 2009. All such interpretations and any supplemental instructions will be in the
form of a written addendum which, if issued, will be posted to the REP website. It is the
responsibility of the Provider to check the REP website for any updates. Failure of the Provider
to check the website for updates for any such addendum or interpretation shall not relieve said
Provider from any obligation contained therein.
13. PUBLIC ENTITY CRIMES: 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 goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be 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 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed
on the Convicted Vendor List.
SECTION XXVII AWARD OF THE AGREEMENT
An award shall be made to the responsible Provider whose proposal is determined to be the
most advantageous to the City, taking into consideration price arid the evaluation factors set
forth in this RFP, subject to approval by the City Council of the City of St. Petersburg, Florida.
SECTION XXIII DATA COLLECTION
Pursuant to Florida Statute 119.071 Social Security Numbers collected from Providers are used
for identification, verification arid tax reporting purposes.

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SECTION XXIX TRADE SECRETS - EXEMPTIONS TO PUBLIC RECORDS
DISCLOSURE
All proposals (including all documentation and materials attached to proposals or otherwise
submitted in connection with this RFP) submitted to the City are subject to public disclosure
pursuant to Chapter 119, Florida Statutes. Statutory exemption for “trade secrets” may be
available.
If your proposal contains information that constitutes a “trade secret,” all material that qualifies
for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as
“TRADE SECRETS EXEMPTION,” with your firms name and the proposal number marked on
the outside. The City will not accept proposals when the entire proposal is labeled as a trade
secret or confidential.
“Trade Secret” means the whole or any portion or phase of any formula, pattern, device,
combination of devices, or compilation of information which is for use, or is used, in the
operation of a business and which provides the business an advantage, or an opportunity to
obtain an advantage, over those who do not know or use it. ‘Trade Secret” includes scientific,
technical, or commercial information, including any design, process, procedure, list of
suppliers, list of customers, business code, or improvement thereof. Irrespective of novelty,
invention, patent ability, the state of prior art, and the level of skill in the business, art, or field
to which the subject matter pertains, a trade secret is considered to be:
a. Secret;
b. Of value;
c. For use or in use by the business; and
d. Of advantage to the business, or providing an opportunity to obtain an
advantage, over those who do not know or use it when the owner therefore takes
measures to prevent it from becoming available to persons other than those
selected by the owner to have access thereto for limited purposes.
Please be aware that the designation of an item as a “Trade Secret” by you may be challenged in
court by any person or entity. By your designation of material in your proposal as a “Trade
Secret” you agree to defend the City, its employees, agents and elected and appointed officials
against all claims and actions (whether or not a lawsuit is commenced) related to your
designation of material as a “Trade Secret” and to hold harmless the City, its employees, agents
and elected and appointed officials for any award to a plaintiff for damages, costs and
attorneys’ fees, and for costs and attorneys’ fees (including those of the City Attorney’s office)
incurred by the City by reason of any claim or action related to your designation of material as a
“Trade Secret”.

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APPENDIX “A”
(Lea-ye — Attached)
BASE AGREEMENT SEHING FORTH THE MINIMUM REQUIREMENTS FOR THE PROJECT
The attached document is the base lease agreement (“Lease”) which when combined with its
Exhibits as defmed in the Lease Agreement will constitute the agreement between the Provider
and the City.
The City reserves the right to add or modify the terms and conditions at any time prior to the
final execution of the Lease. The Provider will be given the opportunity to take exception to
any additional or modified terms or conditions of the Lease in the same manner as set forth in
the Proposal Requirements.

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LEASE AGREEMENT
Between
The City of St. Petersburg, Florida, a Municipal corporation
And
Lessee
(62d AVENUE NORTHEAST CELLULAR COMMUNICATION TOWER SITE LEASE)
THIS LEASE AGREEMENT (‘Lease”), made and entered into this day of
2009, by and between the City of St. Petersburg, Florida, a municipal corporation
(‘City”), whose post office address is Post Office Box 2842, St. Petersburg, Florida 33731-2842,
and a corporation, (“Lessee”), whose post office
address is (collectively,
,
“Parties”)
WITNESSETH:
NOW THEREFORE in consideration of ten dollars ($10.00) and other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged and the promises
and covenants contained herein including the exhibits attached hereto, the Parties agree as
follows:
1. PREMISES: The City leases to the Lessee and Lessee leases from the City the
following described property (“Premises”) subject to the terms, provisions, conditions, and
limitations set forth and described in this Lease, to wit:
A portion of: LOT_, BLOCK SUBDIVISION

according to the map or plat thereof as recorded in Plat Book Page, -
of the public records of Pinellas County, Florida, (as legally described in

Exhibit “A” and illustrated in Exhibit “B,” attached hereto and forming apart
hereof by reference, being a portion of that property identified as Pinellas
County Parcel Identification Number: ).
2. SURVEY & LEGAL DESCRIPTION: The Lessee shall have a registered and licensed
Florida Surveyor prepare both the legal description and a survey, both of which shall be
prepared for and certified to the City of St. Petersburg, at the sole cost and expense of the
Lessee. The survey shall be prepared in an eight and one half (8½) inch by eleven (11) inch
output size in a Tagged Image File format. The legal description and survey shall both be
provided to the City in an electronic file together with five (5) signed and sealed hard copies
of the final versions of each.
3. TERM: The term of this Lease (Term) shall be for ( ) years, commencing
on the day of 2009, (“Commencement Date”) and
ending at midnight on the day of 20. (“Expiration
Date”)
Cell Tower - RFP - 62nd Avenue Northeast V2c

- Page 28 of 69
4. RENEWAL TERM: This Lease may be renewed or extended at the end of the Term for
an additional term of sixty (60) months (‘Renewal Term”) upon mutual agreement as to
terms and conditions by the Parties, provided that the Lessee is not in default of any part of
this Lease at the time of notification of its intent to renew and remains so through the end of
the Term, which consent shall be in the sole and absolute discretion of the City. The Lessee
shall express its desire to renew by giving notice in writing to the City at least one hundred
and eighty (180) days prior to the last day of the Term. If prior agreement on the terms and
conditions of the Renewal Term cannot be reached within the one hundred eighty (180) day
period, this Lease will terminate on the last day of the Term. Renewal of this Lease is
subject to approval by the City Council of the City of St. Petersburg and must comply with
all applicable provisions of the City Charter, City Code and City policies and procedures.
5. DUE DILIGENCE PERIOD: Lessee shall have one hundred and twenty (120)
days, beginning on the date that this Lease is approved by the City Council of the City of St.
Petersburg (“City Council”) to carry out its due diligence activities (“Due Diligence
Period”), to apply for and obtain applicable governmental permits and approvals, and to
enter upon the Premises, and conduct any necessary testing, analysis or evaluation
including but not limited to geological, engineering and environmental tests to determine
the suitability of the Premises for the Permitted Use as defined in paragraph 8 of this Lease
at Lessee’s sole cost and expense. If, in the sole and absolute opinion of Lessee, the Premises
are not suitable for the Permitted Use, or Lessee determines that the operation of a
communications facility on or within the Premises would not be in Lessee’s best interest,
Lessee shall have the right at any time prior to the expiration of the Due Diligence Period to
terminate this Lease by sending written notice of termination to City. Upon termination the
City and Lessee shall be released from all obligations hereunder, except for those obligations
existing at the time of termination or which specifically survive such termination, provided
Lessee shall restore the Premises to the same or better condition as existed on the
commencement of the Due Diligence Period.
6. RENTS AND FEES:
6.1. Lessee covenants and agrees to pay City on or before the first day of each month during
the Term, in advance and without notice, demand, setoff or counterclaim the rent of
($ ), plus applicable tax, per month
(“Rent”) for the first twelve (12) months of the Term, without notice, demand, setoff or
counterclaim. Upon the anirtiversary date of the Commencement Date, Rent shall be
increased in accordance with the calculations set forth in Exhibit “C” attached hereto and
made a part hereof. It shall be the responsibility of the Lessee to calculate annual
increases in Rent and adjust the Rent payments accordingly without notice. In no event
shall Rent be decreased.
6.2. Any fees or other charges payable hereunder shall be paid to City as additional rent
(“Additional Rent”). Additional Rent shall be due and payable on the tenth (10tl) day of
the month following the month in which the Additional Rent was incurred. This
provision shall survive expiration or earlier termination of this Lease.
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6.3. All Rent and Additional Rent shall be paid promptly when due to the City at the address
provided for the City m Paragraph 42, NOTICES. Any payments of Rent or Additional
Rent made and accepted more than five(5) days after the day of the month in which they
are due shall be considered delinquent and shall include a late fee equal to five (5%)
percent of the delinquent amount. All unpaid delinquent amounts shall be subject to
monthly interest charges of 1.5 % on the unpaid balance. The amounts payable under
this Lease for the payment of interest or any other payment in the nature of, or which
would be considered as interest or other charge for the use or loan of money shall not
operate to produce a rate that exceeds such limitation. Any excess charged over such
limitation will not be payable and the amount otherwise agreed to be paid shall be
reduced by the excess so that such limitation will not be exceeded, and in the event any
such payment is paid by Lessee or received by City whereby such limitation is exceeded,
the amount of the excess shall constitute and be treated as a payment on Lessee’s
account, unless Lessee shall notify City in writing that Lessee elects to have such excess
sum refunded to it.
6.4. Upon default, breach of condition, or the termination of this Lease, the Rent hereunder
for the entire rental period, accrued and unpaid Additional Rent, if any, and any other
indebtedness payable under the provisions of this Lease shall become immediately due
and payable.
6.5. All Rent calculated in accordance with this paragraph shall be rounded upward to the
nearest whole dollar.
7. SECURITY DEPOSIT: Lessee, concurrently with the execution of this Lease, has
deposited with the City the sum of Ten Thousand and No/100 Dollars ($10,000) (‘Deposit”),
the receipt of which is acknowledged by the City. This sum shall be retained by the City as
security for Lessee’s payments under this Lease. If at any time Lessee defaults in any
provision of this Lease, the City shall have the right to use the Deposit, or as much of it as
may be necessary, to pay any Rent or Additional Rent in default, any expense incurred by
the City in curing any default by Lessee, any damages incurred by the City by reason of
Lessee’s default, or, at termination or expiration of this Lease, to pay for any physical
damage to the Premises or fixtures and equipment on the Premises owned by the City.
Upon demand by the City, Lessee shall immediately pay to the City sufficient monies to
replenish the Deposit. Upon expiration or earlier termination of this Lease, the City may
retain the Deposit at its option in liquidation of any damages it suffers by reason of the
Lessee’s default. If the Deposit is not used for any of the above purposes, it shall be
refunded to the Lessee within sixty (60) days of the expiration or earlier termination of this
Lease. The Lessee shall not be entitled to interest on the security Deposit.
8. PREMITTED USE OF PREMISES: The Premises shall be used by Lessee, to, construct,
repair, maintain, replace and operate a cellular communications tower (“Tower”) including
but not limited to equipment, building(s) and appurtenant facilities on or in the Premises
(“Improvements”), and for no other purpose. (“Permitted Use”)
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8.1. The Tower shall be of new construction with wind loading design in accordance with
FLA RS 222 E or latest revision. The Tower shall be a maximum height of 250 feet above
ground and shall require a height variance.
8.2. The City and Lessee shall mutually agree on the location of the Tower on the Premises:
9. INTERFERENCE: In the event that the Lessee’s use of the Premises shall be determined to
in any way to interfere with the operation of the City’s Northeast Waste Water Treatment
Plant or other City facilities, or their communications systems, the Lessee shall immediately
take whatever action necessary to remedy said interference to the satisfaction of the City.
10. COMMENCEMENT OF CONSTRUCTION: The Lessee shall, at its sole cost and
expense, commence and diligently pursue construction of the Improvements by the
mobilization of the Lessee’s contractor on the Premises, including equipment and personnel
necessary to begin site preparation and construction of Improvements no later than
Monday, October 19, 2009 (“Commencement of Construction”).
11. COMPLETION OF CONSTRUCTION: The construction of the Improvements shall

be completed not more than one hundred and eighty (180) days after the Commencement of
Construction or no later than Monday, April 19, 2010 as evidenced by the issuance of a final
and unconditional Certificate of Completion (“Completion of Construction’).
12. CITY ADMINISTRATIVE AND REGULATORY APPROVAL OF SITE PLAN: Prior

to Commencement of Construction, Lessee’s shall submit a site plan to the City and receive
City administrative and regulatory approval.
12.1. Administrative Approval The City shall have not less than twenty (20) days
from receipt thereof to disapprove the site plan. Any disapproval shall contain the
specific changes desired by the City to obtain its administrative approval. Lessee shall
submit the revised site plan to the City, and the City shall have ten (10) days from receipt
of the revised site plan to disapprove the revised site plan. The City’s failure to
disapprove the site plan within the applicable twenty (20) day period or ten (10) day
period shall constitute City’s administrative approval of the site plan. Following such
City administrative approval, unless any change is required by the City of St.
Petersburg’s Development Services Department, Lessee shall not change the site plan in
any substantial, material respect without the prior written consent of the City, which
consent shall not be unreasonably withheld or delayed. If the City and Lessee are unable
to agree upon a site plan, the Lessee shall have the option of terminating this Lease upon
written notice to City and upon such termination; City and Lessee shall be released from
all obligations hereunder, except for those obligations existing at the time of termination
or which specifically survive such termination.
12.2. Regulatory Approval The City’s administrative approval is in addition to

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any approvals required by the St. Petersburg City Code and federal, state, and local laws,
ordinances and regulations.
13. PAYMENT AND PERFORMANCE BOND: Prior to Commencement of

Construction, Lessee shall require its general contractor to secure a payment and
performance bond which shall name the City as the obligee/owner in accordance with
Section 255.05, Florida Statutes.
14. UTILITIES: Lessee shall have the right to install, utilities including but not limited to,
electricity, telephone, water, gas, sewerage, cable service, garbage and trash collection, if
any, associated with its use of the Premises at its sole cost and expense. Lessee shall obtain
all required permits at its sole cost and expense. All utilities installed by or for Lessee shall
be installed underground, if possible, and clearly marked in the ingress/egress area to the
Premises.
15. FEES AND TAXES: Lessee shall pay all fees, taxes and all existing or future franchise
fees, if any, levied on the Premises or its contents, and deliver to the City the appropriate
receipts which demonstrate payment thereof. It is understood that this shall include, but
not be limited to, income tax, real property tax personal property tax, sales tax and storm
water fees.
16. CONDITION OF PREMISES: Lessee has inspected the Premises and accepts the
condition of the Premises in “as is” condition. The City has made no representations,
statements, or warranties, either expressed or implied, as to the condition of the Premises, or
as to its fitness for a particular use.
16.1. The City and its officers, employees and agents shall not be responsible or liable
at any time for:
16.1.1. Pollution of any kind existing on, in or under the Premises, except as provided in
Paragraph 20, ENVIRONMENTAL COMPLIANCE.
16.1.2. Any defect in the surface or subsurface of the Premises.
16.1.3. Any loss of life, or injury or damage to any person or to any property or business
of Lessee or those claiming by, through or under Lessee, caused by, or resulting
from:
16.1.3.1. defects, latent or otherwise, in the Premises;
16.1.3.2. pollution of any kind existing on, in or under the Premises;
16.1.3.3. the bursting, breaking, leaking, overflowing or backing up of water,

steam, gas, or sewage from pipes in or on the Premises, or the running,
seeping, rising or falling of water in, on or over the Premises, or the existence
of snow or ice, in or on the Premises;

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16.1.3.4. acts of God or the elements; or
16.1.3.5. any defect or negligence in the occupancy, construction, operation or use

of the Improvements, as hereinafter defined, on, in or under the Premises.
16.1.3.6. defects in the surface or subsurface of the Premises.
16.2. Failure of Lessee to discover Hazardous Substances on, in or under the Premises
shall not excuse Lessees performance hereunder, provided however, that if Lessee
discovers any Hazardous Substances, as hereinafter defined, on, in or under the
Premises before the Commencement of Construction, Lessee may unilaterally terminate
this Lease at no cost to City or Lessee (except for Rent and other amounts payable under
this Lease that come due prior to such termination) by providing City with written
notice of such termination.
16.3. Lessee acknowledges that there is a stormwater retention pond (“Pond”) on the
Premises and that the Lessee’s Improvements shall be designed so that they have no
adverse impact on the Pond. Any cost associated with redesign or modification to the
Pond due to the Lessee’s Improvements to the Premises will be at the sole cost arid
expense of the Lessee.
16.4. Lessee’s site plan for the construction and installation of the Improvements and
access road shall minimize the impact to the existing native vegetation and wildlife
currently on the Premises.
16.5. Lessee acknowledges that there may be areas of “wetlands,” “preservation” or

archeological significance located on the Premises. During the Due Diligence Period, the
Lessee at its sole cost and expense shall have a Phase I Environmental Site Assessment
(“Phase I”) conducted according to ASTM standards to investigate the environmental
status of the Premises, and an Archeological Investigation of the Premises to determine
past uses of the Premises. Copies of the Phase I and the Archeological Investigation
shall be delivered to the City in accordance with the provisions of Paragraph 42,
NOTICE, for review by City.
17. LESSEE’S MAINTENANCE OBLIGATIONS: Lessee shall assume full responsibility for
all maintenance, repair and reconstruction of the Improvements on the Premises. Lessee
shall provide the City with a Tower inspection report every two years, which has been
prepared signed and sealed by a structural engineer who is licensed, certified and registered
in the state of Florida as a professional engineer, on the anniversary date of the completion
of the Tower. Lessee shall correct all deficiencies identified in the report immediately.
Lessee shall assure that the Premises and improvements are maintained so as to meet all
requirements of any City, County, State, Federal and Federal Communications Commission
(“FCC”) Laws and regulations applicable to the Premises, and shall have a duty to warn all
persons who enter on the Premises of any dangerous conditions thereon.
18. RETURN OF PREMISES ON EXPIRATION OR TERMINATION: Lessee shall, on or

before the Expiration Date of this Lease, or its earlier termination of this Lease, remove all
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Improvements, goods and effects of Lessee, repair any damage caused by such removal and
surrender and deliver up the Premises, in good order, condition and repair, ordinary wear
and tear excepted. Any property not removed within thirty (30) days after the Expiration
Date or the date of earlier termination of this Lease, may, in the sole discretion of the City,
be deemed to have been abandoned by Lessee, and may be retained or disposed of by City,
as City shall desire. Lessee shall provide an environmental site assessment report showing
no contamination of the Premises within sixty (60) days after the Expiration Date or earlier
tennination.
19. PROHIBITED USE: The Premises shall not be used for the manufacture or storage of
flammable, explosive or hazardous substances, nor shall any occupation or other use be
allowed which, in the sole discretion of the City, is deemed hazardous to persons or to the
Premises or which will increase the City’s cost for insurance. The Premises shall not be used
for the storage of flammable, explosive or Hazardous Substances, as hereinafter defined,
except those used in conjunction with the Permitted Use that are to be stored in a locked and
sequestered in a location and manner acceptable to the City. The Lessee shall provide the
Real Estate and Property Management Department (“REPM”) and St. Petersburg Fire and
Rescue (“SPF&R”) with a listing of all Hazardous Substances, as hereinafter defined, to be
used and stored on the Premises which are to be accompanied by the Manufacturers Safety
Data Sheet (“MSDS”) for review and approval, at the City’s sole discretion, not less than
twenty (20) days prior to the commencement of the Term or Renewal Term. The Lessee
shall notify REPM and SPF&R of any new flammable, explosive or Hazardous Substances,
as hereinafter defined to be used on the Premises not less than twenty (20) working days
prior to the anticipated delivery of the new substances to the Premises accompanied with
the MSDS for said new substances for review and approval, at the City’s sole discretion.
20. ENVIRONMENTAL COMPLIANCE:
20.1. The term “Hazardous Substances” shall mean all hazardous and toxic substances,
wastes or materials, all pollutants or contaminants, asbestos, or other similar substances,
and all raw materials containing such substances which are regulated under any
Environmental Laws (as defined below) and includes, but is not limited to, all petroleum
based substances such as gasoline and oil based products. As such, reference to
“Hazardous Substances” is not limited to substances which necessarily are “hazardous or
toxic” but includes any substances regulated under any Environmental Laws whether or
not those substances are “hazardous or toxic”.
20.2. The term “Environmental Laws” means any and all federal, state, local, and
municipal laws, rules, regulations, statutes, ordinances, and codes regulating, relating to
or imposing liability or standards of conduct concerning, any Hazardous Substances or
environmental protection or environmental health and safety, as now or may at any time
hereafter be in effect, including without limitation: the Clean Water Act also known as
the Federal Water Pollution Control Act (“FWPCA”), 33 U.S.C. Section 1251 et seq.; the
Clean Air Act (“CAA”), 42 U.S.C. Section 7401 et seq.; the Federal Insecticide, Fungicide,
and Rodenticide Act (“FIFRA”), 7 U.S.C. Section 136 et seq.; the Surface Mining Control
and Reclamation Act (“SMCRA”), 30 U.S.C. Section 1201 et seq.; the Comprehensive
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Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.s.c.
Section 9601 et seq.; the Superfund Amendment and Reauthorization Act of 1986
(“SARA’), Public Law 99-499, 100 Stat. 1613; the Emergency Plam’iing and Community
Right to Know Act (“ECPCRKA’), 42 U.S.C. Section 11001 et seq.; the Resource
Conservation and Recovery Act (“RCRA”), 42 U.S.C. Section 6901 et seq.; the Toxic
Substances Control Act, 15 U.S.C. § 2601 through 929 (“TSCA”); the Florida Resource
Recovery and Management Act, Section 403.701, et seq., Florida Statutes; the Pollutant
Spill Prevention and Control Act, Section 376.011-376.17 and 376.19-376.21, Florida
Statutes; and the Occupational Safety and Health Act, as amended (“OSHA’), 29 U.S.C.
Section 655 and Section 657, and Chapters 376 and 403, Florida Statutes; together, in each
case, with any amendment thereto.
20.3. The Lessee shall not use, store, generate, transport, dispose, release or discharge
any Hazardous Substances in or upon the Premises, or knowingly permit any subtenants
or other persons or entities occupying the Premises to engage in such activities in or
upon the Premises. However, the foregoing provision shall not prohibit the use, storage,
maintenance, transportation to and from or handling within the Premises of substances
customarily used iii the operation of the Premises or subtenants’ business, provided: (i)
such substances shall be used, stored, maintained, transported, handled and disposed of
only in accordance with Environmental Laws, (ii) such substances shall not be released
or discharged in or upon the Premises in violation of Environmental Laws, and (iii) for
purposes of removal and disposal of any such substances, Lessee shall be named as the
owner and generator, obtain a waste generator identification number, and execute all
permit applications, manifests, waste characterization documents and any other
required forms.
20.4. The Lessee shall promptly notify City of: (i) any enforcement, cleanup or other
regulatory action taken or threatened by any governmental or regulatory authority with
respect to the presence of any Hazardous Substances in or upon the Premises or the
migration thereof from or to other property, (ii) any demands or claims made or
threatened by any party relating to any loss or injury resulting from any Hazardous
Substances in or upon the Premises, and (iii) any matters where City is required by
Environmental Laws to give a notice to any governmental or regulatory authority
respecting any Hazardous Substances in or upon the Premises. Lessee shall provide the
City with copies of all correspondence and documents concerning any of the above
matters.
20.5. If any Hazardous Substances are released, discharged, or disposed of by Lessee

or any other occupant of the Premises in violation of Environmental Laws, Lessee shall
immediately, properly and in compliance with Environmental Laws clean up and
remove the Hazardous Substances from the Premises and any other affected property.
Such cleanup and removal shall be at the Lessee’s sole expense. Lessee shall provide the
City with copies of all correspondence and documents concerning any such cleanup and
removal, including but not limited to the final approval of Lessee’s actions by any
governmental or regulatory authority.

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20.6. Lessee shall defend, pay on behalf of, indemnify and hold harmless City, its
officers, directors, agents, or employees from and against all claims, damages, expenses
(including reasonable attorneys’ fees), liabilities and all other obligations including,
without limitation, third party claims for personal injury or real or personal property
damage (collectively, “Environmental Claims”) arising from or connected with the
violation of any Environmental Laws by Lessee or other occupants of the Premises
except to the extent any of the foregoing Environmental Claims are attributable to the
violation of Environmental Laws by City, its officers, directors, agents or employees.
20.7. City shall be liable for Hazardous Materials in violation of Environmental Laws
from, to, at, in, on, or under the Premises or from use or operation of the Premises prior
to the Commencement Date of this Lease, and City or any other City sublessees,
licensees, employees, agents, representatives, contractors, or subcontractors shall not
thereafter cause, through action or inaction, and if they cause they shall be liable for, any
Hazardous Materials from, to, at, in, on, or under the Premises in violation of any
Environmental Law, and City or any other City sublessees, licensees, employees, agents,
representatives, contractors, or subcontractors shall be liable for any and all Hazardous
Materials not thereafter used, moved, or stored in conformity with all Environmental
Laws, ordinances of the City, and the National Fire Protection Association (‘NFPA’)
Code, local fire codes and regulations as they may be amended from time to time.
21. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who
are exposed to it over time. Levels of Radon that exceed federal and state guidelines have
been found in buildings in Florida. Additional information regarding Radon and Radon
testing may be obtained from your county public health unit.
22. REPLACEMENT LOCATION: The City is under no obligation to locate or provide a

replacement location under any circumstances, including but not limited to, substantial
damage to the existing improvements by fire, flood, hurricane, tornado, earthquake or other
form of natural disaster, or termination of this Lease.
23. IMPROVEMENTS TO PREMISES: Lessee shall not make or permit to be made any
Improvements without, in each case, first obtaining the written approval of the City. Lessee
shall make Improvements at its sole cost and expense. Lessee shall provide three signed
original sets of all plans and specifications (“Plans”) for any Improvements to be
constructed,. The Plans shall be prepared and signed and sealed by a professional engineer,
licensed and registered by the state of Florida. The Plans shall be submitted, reviewed and
approved, in accordance with the procedure set forth in Paragraph 12, CITY
ADMINISTRATIVE AND REGULATORY APPROVAL OF SITE PLAN prior to the
commencement of construction or installation of said Improvements. Lessee shall comply
with the requirements of Paragraph 13, PAYMENT AND PERFORMANCE BOND for the
construction of any Improvements. Lessee shall deliver three (3) original signed and sealed
sets of all “As Built” plans to the City within thirty (30) days after completion of said
construction or installation.
Cell Tower RFP 62nd Avenue Northeast V2c

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24. LIFE SAFETY ISSUES: If, at any time during the Term, or any Renewal Term, the City
reasonably believes that a situation exists on the Premises that imposes an immediate threat
of bodily harm or death to any users or occupants of the Premises or adjacent property
(“Life Safety Issues”), City shall have an immediate right, but not the duty, to correct the
Life Safety Issue and the reasonable costs and expenses incurred by City in correcting the
Life Safety Issue shall be due and payable to City by Lessee as Additional Rent.
25. SUBSTANTIAL DAMAGE: If the Premises are damaged substantially by fire, flood or
other cause so as to render the Premises untenable, either party may terminate this Lease
without further liability other than those liabilities existing at termination.
26. CONDEMNATION:
26.1. Lease Termination If, during the Term, or any Renewal Term, and subject to
the rights of the affected Residents, the whole of the Premises are condemned or taken in
any manner for public use, or if a portion of the Premises are condemned or taken in any
manner or degree to an extent that the Premises are not suitable, as determined by
Lessee and City in their reasonable discretion, for the Intended Use, then, in either event,
Lessee or City may elect to terminate this Lease as of the date of the vesting of title in the
condemning authority. As used in this Lease, a condemnation or taking includes a deed
given or transfer made in lieu thereof.
26.2. Award Any award received as a result of any condemnation action

against any part of the Premises shall first be applied to the portion of the condemnation
award attributable to the City’s interest in the part of the Premises taken, and then to the
Lessee for that portion of the condemnation award attributable to the loss of Lessee’s
leasehold in the Premises, the Improvements, its business losses, and its relocation costs.
27. RIGHT OF ENTRY: The City shall have the right, at all reasonable times, to enter and
inspect the Premises as the City may reasonably desire.
28. INDEMNIFICATION:
28.1. The Lessee shall defend at its expense, pay on behalf of, hold harmless and
indemnify the City, its officers, employees, agents, invitees, elected and appointed
officials and volunteers (collectively, “Indemnified Parties”) from and against any and
all claims, demands, liens, liabilities, penalties, fines, fees, judgments, losses and
damages (whether or not a lawsuit is filed) including, but not limited to, costs, expenses
and attorneys’ fees at trial and on appeal (collectively, “Claims”) for damage to property
or bodily or personal injuries, including death at any time resulting there from,
sustained by any person or persons, which damage or injuries are alleged or claimed to
have arisen out of or in connection with, in whole or in part, directly or indirectly:
28.1.1. The ownership, occupancy or use of the Premises by the City or Lessee.
28.1.2. The performance of this Lease (including future changes and amendments

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thereto) by Lessee, its employees, agents, representatives, contractors,
subcontractors or volunteers, including but not limited to the Lessee’s duty to
maintain and warn of dangerous conditions set forth in Paragraph 17, LESSEE
MAINTENAINCE OBLIGATIONS, of this Lease;
28.1.3. The failure of Lessee, its employees, agents, representatives, contractors,

subcontractors or volunteers to comply and conform with any applicable law,
statute, ordinance or regulation now or hereinafter in force, including, but not
limited to violations of the Americans with Disabilities Act of 1990 (“ADA”) and
any current or future amendments thereto; or
28.1.4. Any negligent, reckless or intentional act or omission of the Lessee, its
employees, agents, representatives, contractors, subcontractors or volunteers,
whether or not such negligence is claimed to be either solely that of the Lessee, its
employees, agents, representatives, contractors, subcontractors or volunteers or to
be in conjunction with the claimed negligence of others, including that of any of the
Indemnified Parties.
28.2. The purchase of insurance coverage required by this Lease, or otherwise, shall
not relieve Lessee from the requirements of this paragraph.
29. INSURANCE: Commencing on the first day of the Term and continuing for the duration
of the Term and any Renewal Term, Lessee shall maintain insurance in accordance with this
paragraph. All of the insurance required under this paragraph, shall be effected under
enforceable policies issued by insurers licensed to do business in the State of Florida,
recognized by the State Insurance Department and be rated ‘A-” or better by a rating agency
such as A.M. Best or its equivalent. Such policy or policies shall include products-
completed operations and contractual liability coverage or endorsements shall have the
following minimum limits:
29.1. Lessee Obligation. The Lessee, as of the commencement of the Due Diligence
Period, shall, from that time until the expiration or earlier termination of this Lease,
maintain at Lessee’s cost, the following insurance for the leased Premises and where
applicable the leasehold improvements:
29.1.1. Commercial General Liability: A Commercial General Liability Insurance

Policy protecting the City against all claims or demands that may arise or be
claimed on account of Lessee’s use of the Premises in an amount of at least
$1,000,000 for injuries to persons in one accident and $2,000,000 general aggregate,
$1,000,000 for injuries to any one person, $1,000,000 for damages to property; and
$5,000 medical. Commercial General Liability limits may, from time to time, be
adjusted at the discretion of the City to reflect the then current, generally
acceptable policy limits.
29.1.2. Fire Legal Liability with limit of $1,000,000.
29.1.3. Commercial Automobile Liability with $1,000,000 Combined Single Limit.

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29.1.4. Worker’s Compensation! Employer’s Liability: Workers’ Compensation
Insurance in compliance with the laws of the State of Florida. Employers Liability
coverage with minimum limits of $100,000 each accident, $100,000 each employee
and $500,000 policy limit for disease.
29.1.5. Personal Property: Lessee shall be responsible for securing, at its own
expense, whatever insurance coverage it may desire on the contents of and
Improvements to the Premises and other personal property located on the
Premises.
29.1.6. Business Interruption Insurance: Lessee shall provide for Business

Interruption Insurance insuring that all sums payable under this Lease, including
but not limited to Rent and Additional Rent shall be paid to City if the
Improvements are destroyed by a risk which is insurable under a standard policy
of fire and extended coverage insurance with vandalism and malicious mischief
endorsements.
29.2. City as Additional Insured: All of the insurance required under this paragraph
of this Lease, shall be effected unider enforceable policies issued by insurers licensed to
do business in the State of Florida and be rated “A-” or better by a rating agency such as
A.M. Best or its equivalent. All policies except Worker’s Compensation policies, shall
name the City as additional insured, be in occurrence form, provide contractual liability
covering the liability assumed in this Lease and shall not exclude any activity that would
normally be associated with use of the Premises without the prior written consent of the
City which may be withheld by the City at its sole discretion. All policies shall provide
that they shall not be subject to cancellation or material change, which affect City, except
upon at least thirty (30) days prior written notice to City at the address set forth in
Paragraph 42 NOTICE of this Lease.
29.3. Lessee Reporting Requirement: Lessee shall provide City with executed
certificates of all insurance required by this Lease, including but not limited to any
endorsements, enhancements and exclusions, together with satisfactory evidence of the
payment of the premiums thereon prior to the Commencement Date and Lessee shall
maintain current certificates of insurance on file with City at all times during the Term or
any Renewal Term. Lessee shall deliver to the City a certificate showing renewal of
coverage not less than thirty (30) days prior to expiration of the term of such policies.
The Lessee shall provide copies of any of the required policies to the City on demand.
29.4. Failure of Lessee to Provide Insurance: If Lessee fails to furnish certificates

showing policies paid in full as provided in this Lease, the City may, after written notice
to Lessee and failure of Lessee to provide the certificate within ten (10) days of such
notice, obtain the insurance, and the premiums on that insurance shall be deemed
Additional Rent to be paid by the Lessee.
29.5. Notice of Claim: Lessee shall give prompt notice to City in case of fire or
accidents or other casualties on or about the Premises.

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30. LIENS:
30.1. Lessee shall never, under arty circumstances, have the power to subject the
Premises to any mechanics or materialman’s lien or other lien of any kind.
30.2. The City shall have a lien against all goods, equipment, furniture and other
personal property of Lessee kept on the Premises at any time during the Term, in the
aggregate amount of all rent, damages and the sums that may at any time be owed by
the Lessee to the City under this Lease. The City, in the event of any default by the
Lessee, may foreclose the lien. In that event, Lessee shall be obligated for all court costs
and reasonable attorney(s) fee(s).
30.3. The construction of all Improvements on the Premises shall be in accordance

with Paragraph 23, IMPROVEMENTS TO PREMISES and shall be in compliance with all
applicable laws and regulations. Lessee shall promptly pay all bills for labor and
materials furnished at the time they become due and payable. Lessee, as a condition
precedent to payment of a progress payment, shall require its general contractor to
obtain and deliver to the City receipts of payment and waivers from all subcontractors
and suppliers.
30.4. Lessee shall defend and hold harmless the City from any and all claim or
demand including reasonable attorney’s fees on the part of any person, firm, or
corporation performing labor or furnishing materials in connection with the construction
of any improvements on the Premises.
30.5. Lessee shall not engage in arty financing or any other transactions creating any
mortgages, mechanic’s or materialmen’s liens or any other encumbrances or liens or
claims of any kind upon the Premises or this Lease.
30.6. All persons, and business entities performing labor or furnishing materials in
connection with the construction of any Improvements on the Premises will look only to
Lessee for payment, and no lien or claim shall be allowed to attach the Premises. In the
event that Lessee shall fail and refuse to pay and discharge any amount of money that
may be due for labor performed in connection with the construction of Improvements to
the Premises, and such nonpayment shall continue for a period of ninety (90) days after
the City shall have given Lessee notice of such default, the City may, at its option declare
this Lease terminated. Provided, however, Lessee shall have the right in accordance
with Florida Statutes to post a surety bond, and have any such lien transferred to said
bond and such action by Lessee shall cure the default and City shall have no right of
termination. Upon termination of the Lease by reason of such default, all Improvements
placed on the Premises by Lessee shall become the property of the City and Lessee shall
have no further right, title or interest therein, and the City shall have the full right,
power and authority to enter upon the Premises and take possession of the
Improvements. In such event, Lessee shall not be entitled to compensation for the
Improvements.

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31. DEFAULT:
31.1. Default by Lessee:
31.1.1. Events of Default: Subject to Lessee’s right to notice and opportunity to cure
specified in subsection two (2) of this paragraph, Lessee shall be deemed to be in
default of its obligations under this Lease upon the occurrence of any of the
following:
31.1.1.1. Lessees failure to pay Rent or any other sums due under this Lease;
31.1.1.2. Lessee’s failure to perform any material covenant, promise or obligation

contained in this Lease;
31.1.1.3. The appointment of a receiver or trustee for all or substantially all of

Lessees assets;
31.1.1.4. Lessee’s voluntarily petition for relief under, any bankruptcy or

insolvency law;
31.1.1.5. The sale of Lessee’s interest under this Lease by execution or other legal
process;
31.1.1.6. The seizure, sequestration or impounding by virtue or under authority of

any legal proceeding of all or substantially all of the personal property or
fixtures of Lessee used in or incident to the operation of the Premises;
31.1.1.7. Lessees making an assignment of its assets for the benefit of creditors;
31.1.1.8. Any sale, transfer, assignment, subleasing, concession, license, or other

disposition prohibited under Paragraph 35, ASSIGNMENT AND SUBLEASE;
or
31.1.1.9. Lessee doing or permitting to be done anything that creates a lien upon
the Premises and shall fail to obtain the release of any such lien or bond off
any such lien as required herein.
31.1.1.10. Lessee abandons the Premises.
31.1.2. Notice; Right to Cure: Lessee shall only be deemed in default of this Lease
upon the Lessees failure to pay rent or any other monetary sum within ten (10)
days after it is due, or thirty (30) days after receipt of notice from the City of a
default of any other provision of this Lease, or if such default can not be reasonably
cured within such thirty (30) day period, then within such additional time up to
sixty (60) days as is reasonably necessary provided that the Lessee is continuously
and in good faith proceeds to cure such default.
31.1.3. City’s Remedies: In the event of a Default that is not cured in the time

- - Page 41 of 69
periods set forth above, the City shall have the right, but not the obligation, to
terminate this Lease and immediately take possession of the Premises and the
Development improvements without further notice to Lessee or any other person
or entity including but not limited to any contractor, sublessee, assignee, transferee,
or trustee. The City’s right to terminate is in addition to any other remedy that the
City may have in law or in equity including but not limited to, the right to seek
injunctive relief, all of which shall be cumulative.
31.1.4. No Waiver: The exercise by City of any right or remedy to collect rent or
enforce its rights under this Lease shall not constitute a waiver of, or preclude the
exercise of, any other right or remedy afforded City by this Lease or by statute or
law. The failure of City in one or more instances to insist on strict performance or
compliance with one or more of the covenants or conditions of this Lease, or to
exercise any remedy, privilege or option conferred by this Lease on or reserved to
City, shall not operate or be construed as relinquishment or future waiver of the
covenant or condition or the right to enforce it or to exercise that privilege, option
or remedy, but that right shall continue in full force and effect. The receipt by City
of rent, or any other payment or part of payment required to be made by Lessee,
shall not act to waive any other Rent or Additional Rent payment then due. Nor
shall receipt, though with the knowledge of the breach of any covenant or
condition of this Lease, operate as or be deemed to be a waiver of that default, and
no waiver by City of any of the provisions of this Lease or any of City’s rights,
remedies, privileges, or options under this Lease shall be deemed to have been
made, unless made by City in writing. No surrender of the Premises for the
remainder of the Term shall be valid, unless accepted by City in writing.
31.2. Default by City:
31.2.1. Events of Default: City shall be in default under this Lease if City fails to
perform any of its obligations or breaches any of its covenants contained in this
Lease and said default continues for a period of thirty (30) days after receipt of
written notice of such default from Lessee, or if such default can not be reasonably
cured within such thirty (30) day period, then within such additional time up to
sixty (60) days as is reasonably necessary provided that the City continuously and
in good faith proceeds to cure such default.
31.2.2. Lessee’s Remedies: Upon City’s default hereunder Lessee may exercise all
remedies available at law or in equity. All such remedies shall be cumulative and
non-exclusive.
32. ACCESS BY LESSEE: The Lessee shall access the Premises from Sixty Second (62’’)
Avenue Northeast only and shall not at any time access the Premises through the Northeast
Treatment Plant property. The City shall maintain Lessee’s ingress and egress to and from
the Premises uninterrupted at the level presently provided, except as otherwise set forth in
this Lease. The present level of ingress and egress recognizes the fact that there are at times
temporary suspensions of ingress and egress for construction projects or City co-sponsored
- - Page 42 of 69
or authorized special events. The number and duration of such interruptions shall be
determined by the City in its sole and absolute discretion.
33. EMERGENCY VACATION OF PREMISES: In the event the City notifies Lessee that a
condition exists, or will exist, that may create a hazard to humans on the Premises, Lessee
shall immediately cause the Premises to be vacated by all humans and shall insure that no
humans enter onto the Premises until such time as the City shall inform the Lessee that
there is no longer a threat to humans on the Premises. Nothing contained herein shall be
deemed to create a duty for the City to issue any such notifications. Neither Lessee, nor
anyone else utilizing the Premises, shall be entitled to any compensation for any losses
resulting from the City’s actions under this paragraph.
34. SUBLETTING BY LESSEE: The Parties acknowledge that Lessee is constructing the
Tower to accommodate more than one telecommunications carrier and that there is an
additional cost of designing and constructing the Tower to accommodate multiple carriers.
Lessee may sublet antenna or microwave dish space on the Tower, and ground space in the
Premises, ancillary to Tower space subleases, to telecommunications carriers, without the
City’s prior written consent. Lessee shall provide the City with fully executed copies of all
subleases, at least thirty (30) days prior to the commencement date of said subleases. If
Lessee sublets any portion of the Tower or Premises to any other telecommunications
carrier(s), any lump sum payments or rental payments made by such telecommunications
carrier(s) shall be shared in the following manner: i) lump sum payments up to thirty
thousand ($30,000.00) dollars shall be split between the City and Lessee on a 30/70 basis; ii)
lump sum payments in excess of thirty thousand ($30,000.00) dollars shall be split on a 40/60
basis between the City and Lessee; iii) sublet rent payments shall be split on a 40/60 basis
between the City and Lessee.
35. ASSIGNMENT OF LEASE BY LESSEE:
35.1. City Consent to Assignment: Lessee may not delegate performance under
this Lease, nor assign this Lease or any rights under this Lease without the prior written
consent of the City of St. Petersburg City Council (‘City Council”) which shall be
granted or withheld in the City Council’s sole and absolute discretion. Any such
purported delegation or assignment without the City Council’s consent shall be null and
void and shall constitute a material default of this Lease. Any purported involuntary
assignment or transfer of this Lease or transfer by operation of law, whether by
bankruptcy or insolvency, merger (whether as the surviving or disappearing entity),
consolidation, dissolution, reorganization, transfer of the Lessee or controlling interest of
the Lessee, or court order effectuating such assignment or transfer, or any other method,
shall be null and void and shall constitute a material default of this Lease unless such
underlying transaction is approved by the City Council which approval shall be in the
sole and absolute discretion of the City Council. If the City Council consents to an
assignment, the assignee shall:
35.1.1. Agree in writing to be bound by all of the terms and conditions contained in this
Lease.
- - Page 43 of 69
35.1.2. Assume all rights and obligations of Lessee under this Lease.
35.1.3. Deliver to City an assumption agreement in a form reasonably satisfactory to

City within sixty (60) days prior to the effective date of such assignment.
35.2. Subsequent Assignment: City Councils consent to any one assignment shall
not act as a waiver of the requirements of consent with respect to any subsequent
assignment.
35.3. Assignment and Release: No assignment shall release the assignor of any
obligation under this Lease. Each assignee, by assuming that status shall become
obligated to perform all terms, provisions and conditions set forth and described in this
Lease to be performed by Lessee.
36. ASSIGNMENT OF LEASE BY CITY: City shall have the right to assign its interest in this
Lease in conjunction with the sale or other disposition of the Premises. If City, or any
subsequent owner of the Premises, sells, transfers, or assigns the Premises, its liability for its
performance under this Lease shall end on the date of the sale, transfer, or assignment of the
Premises, and Lessee shall look solely to the purchaser, transferee, or assignee for the
performance of this Lease.
37. NON-APPROPRIATION: The obligation of the City to fund any expenditures

required by this Lease shall be limited to an obligation in any given year to budget,
appropriate arid pay from legally available funds, after monies for essential City services
have been budgeted and appropriated, sufficient monies for the funding of any
expenditures that are due during that year. Notwithstanding the foregoing, the City shall
not be prohibited from pledging any legally available non-advalorem revenues for any
obligations heretofore or hereafter incurred, which pledge shall be prior and superior to any
obligation of the City pursuant to this Lease.
38. FORCE MAJEURE: If Lessee is delayed or hindered in or prevented from the

performance required hereunder by reason of material shortages, strikes, lockouts, labor
troubles, failure of power, riots, insurrection, war, acts of God, or other reason of like nature
and not the fault of Lessee (‘Permitted Delay’), Lessee shall be excused for the period of
time equivalent to the delay caused by such Permitted Delay. Notwithstanding the
foregoing, any extension of time for a Permitted Delay shall be conditioned upon Lessee
seeking an extension of time by delivering written notice of such Permitted Delay to City
within ten (10) days of the event causing the Permitted Delay. The maximum period of time
that the Lessee may delay any act or performance of work due to a Permitted Delay shall
not exceed one hundred and eighty (180) days from the event causing the Permitted Delay.
39. CERTIFICATE OF GOOD STANDING: The Lessee shall annually provide City with
evidence that it is a duly organized and active The Lessee, shall maintain its
registered status and shall annually provide City with evidence that the is still
active and has complied with all the legal requirements to remain duly and legally
organized to operate within the State of Florida.

- -
Page 44 of 69
40. CURRENT OFFICERS: Lessee shall provide City iii writing, during the Term, with the
name, title, address and telephone number of all of the Lessee’s officers, including but not
limited to Managers and Managing Members, within thirty (30) calendar days of their
election or appointment to office. Should any officers reside at more than one residence,
both addresses and telephone numbers shall be supplied to City.
41. SUCCESSORS AND ASSIGNS:This Lease shall bind the City and Lessee and their
respective successors or assigns.
42. NOTICE: All notices, requests, demands, or other communications hereunder shall be in
writing and shall be deemed to have been served as of the delivery date appearing upon the
return receipt if sent by certified mail, postage prepaid with return receipt requested, at the
address listed below, or upon the actual date of delivery, if hand delivered to the address
below. Either party may change the below-listed address at which it receives written
notices by providing notice of such change to the other party in accordance with this
paragraph.
To the City: To Lessee:
City of St. Petersburg

Real Estate & Property Management Department
Post Office Box 2842
Saint Petersburg, Florida 33731-2824
Ph. (727) 893-7500 Fax (727) 892-5465
With copy to: With copy to:
Refer to Real Estate & Property Management Lease File No.: L-1O8O when making any
inquiries to the City concerning this Sublease.
43. RELATIONSHIP BETWEEN PARTIES:The relationship between the Parties is that of

Landlord and Tenant.
44. COMPLIANCE WITH REGULATIONS: The Lessee will obtain, at its own cost and
expense, all required and necessary licenses and permits and comply with all laws and
regulations of the United States of America, including but not limited to Federal
Communications Commission (“FCC”), and the Federal Aviation Authority (“FAA”), the
State of Florida, County of Pinellas, and the City of St. Petersburg, Florida, as may pertain to
its use of the Premises. Copies of all Licenses and permits shall provide to the City within
fifteen (15) working days of receipt of same by Lessee.
- - Page 45 of 69
45. APPLICABLE LAW, VENUE AND JURISDICTION: This Lease shall be governed by and
be interpreted in accordance with the laws of the State of Florida. Venue for state court
actions shall be in Pinellas County, St. Petersburg Division. Venue for federal court shall be
in the Middle District of Florida, Tampa Division, unless a division is created in St.
Petersburg or Pinellas County, in which case the action shall be brought in that division.
Each party waives any defense of improper or inconvenient venue as to either court and
consents to personal jurisdiction in either court.
46. SEVERABILITY: Should any section or arty part of any section of this Lease be rendered
void, invalid, or unenforceable by arty court of law, for any reason, such determination shall
not render void, invalid, or unenforceable any other section or any part of any section in this
Lease.
47. NON-DISCRIMINATION: The Lessee shall not illegally discriminate against anyone,
in the use of the Premises.
48. HEADINGS: The section headings are inserted herein for convenience and reference
only, and in no way define, limit or otherwise describe the scope or intent of any provisions
hereof.
49. ENTIRE AGREEMENT: This Lease, including attachments hereto, if any, constitutes the
entire agreement between the City and Lessee. No change will be valid, unless made by
supplemental written agreement, executed and approved by the Parties.
50. RECORDABILITY: This Lease shall not be recorded in the public records by either
party. Following the execution of this Lease, either party, at its sole cost and expense, shall
be entitled to file a Memorandum of Lease in the Public Records of Pinellas County, Florida.
51. NO THIRD PARTY BENEFICIARIES: Persons or entities not a party to this Lease may not
claim any benefit hereunder or as third party beneficiaries hereto.
52. TIME: Time is of the essence in this Lease. Unless otherwise set forth in this Lease, time
periods herein shall not include Saturdays, Sundays, and state and national legal holidays,
and any time period provided for herein shall end at 5.00 p.m. local time.
53. CITY AS A MUNICIPAL CORPORATION: Nothing contained in this Lease shall be

interpreted to require the City to take any action or refrain from taking any action in its
capacity as a municipal corporation, including but not limited to the exercise of its police
and taxing powers.
54. APPROVAL: This Lease is subject to approval by the Mayor or his Designee, (or Mayor
and City Council) as the City policies and procedures require.
55. NO CONSTRUCTION AGAINST PREPARER OF LEASE: This Lease has been prepared
by the City and reviewed by the Lessee and its professional advisors. The City, Lessee and
Lessee’s professional advisors believe that this Lease expresses their agreement and that it
Cell Tower - RfP 62nd Avenue Northeast V2c

- - Page 46 of 69
should not be interpreted in favor of either the City or Lessee or against the City or Lessee
merely because of their efforts in preparing it.
56. DUE AUTHORITY: Each party to this Lease represents and warrants to the other party
that:
56.1. it is duly organized, qualified and existing entities under the laws of the State of
Florida, and
56.2. all appropriate authority exists so as to duly authorize the persons executing this
Lease to so execute the same and fully bind the party(ies) on whose behalf they are
executing.
57. AMERICANS WITH DISABILITIES ACT OF 1990: Lessee assumes all responsibility,
including but not limited to, financial, construction and physical modification costs,
provision of auxiliary aids, services and legal costs, for ensuring compliance with all aspects
of the Americans with Disabilities Act of 1990(”ADA”) and any amendments thereto,
including, but not limited to Title II, Structural and Title III, Programmatic Accessibility
Standards as well as any future additions.
58. CITY EOUIPMENT: In the event that the City requests use of the Tower in support of
City operations, Lessee shall permit the City to utilize said space at no cost or charge to the
City.
58.1. The City shall be responsible for the cost of all City owned equipment installed
on the tower or at the tower site, its installation arid maintenance.
58.2. All City equipment must meet Federal Communication Commission

requirements.
58.3. The City shall be responsible for the cost of all signal interference testing
required for the installation any equipment owned, operated or provided for the sole use
of the City.
59. SECURITY:
59.1. Security of Premises: Lessee at its sole cost and expense shall provide all
security for the Premises. Lessee’s officers, employees, agents, and guests shall comply
with all City security requirements, which shall be established at the sole and absolute
discretion of the City.
59.2. Security of Water Resource Operations: Lessee at its sole cost and expense
shall ensure that the integrity of the electronic and operational systems of the Water
Resources Department, including but not limited to the SCADA system are not
compromised.
60. NEIGHBORHOOD ASSOCIATION APPROVAL: Lessee shall be required to obtain

- - Page 47 of 69
the written approval of all Neighborhood Associations which are located within a radius of
(ten) 10 times the tower height from the boundary of the parent tract of the Premises.
61. CITY CONSENT AND ACTION:
61.1. Consent: For the purposes of this Agreement, any required written consent,
permission, approval or agreement by the City means the approval of the Mayor or his
designee unless otherwise set forth herein (‘Consent) and such Consent shall be in
addition to any and all permits and other licenses required by law or this Agreement.
61.2. Action: For the purposes of this Agreement any right of the City to take
any action permitted, allowed or required by this Agreement, may be exercised by the
Mayor or his designee, unless otherwise set forth herein.
62. LANDSCAPING OF THE PREMISES: Lessee shall landscape the Premises in a manner
consistent with the native vegetation of the surrounding area.
63. EMERGENCY CONTACTSFOR THE LESSEE: Lessee shall provide REPM and
SPF&R with the name, cellular communication device number and address (“Contact
Information”) for the person designated to be the local designee and local alternate to be
contacted 24/7 in the event of an emergency on the Premises. In the event that the Lessee
shall elect to select a new designee or alternate, they shall provide the REPM and SPF&R
with the Contact Information for the newly appointed designee or alternate.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

[Signature Pages and Exhibits to Follow]
Cell Tower RFP 62nd Avenue Northeast V2c

- - Page 48 of 69
IN WITNESS WHEREOF, the parties to this Agreement have set their hands and seals
as of the date(s) specified hereinafter.
WITNESSES: (as to City) CITY OF ST. PETERSBURG, FLORIDA
By:
Witness Signature Tish Elston
As its, 1st Deputy Mayor/City Administrator
Typed Printed or Stamped name
ATTEST:
Witness Signature
Typed Printed or Stamped name Eva Aridujar, City Clerk
(Affix Corporate Seal)
REVIEWED: REVIEWED AND APPROVED:
Bruce Grimes, Director George B. Cassady, Director

Real Estate & Property Management Water Resources
RISK MANAGEMENT APPROVAL
Cathryn J. Bernoskie, ARM, CPPT

Risk Manager
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
City Attorney or Designee City Attorney or Designee
By: By:
Assistant City Attorney Assistant City Attorney
Legal: 00093761.doc v. 3
PR’iRi

- - Page 49 of 69
.ANFAfti1LF,4SF ILI N.
WITNESSES: (as to Lessee) LESSEE:
By:
Witness Signature
Typed or printed name and title of the
person signing for the Lessee
ATTEST:
Witness Signature
By:
Typed Printed or Stamped name and title of

person attesting
(Affix Corporate Seal)

- - Page 50 of 69
EXHIBIT “A”
(Legal Description of the Premises — to be inserted prior to the Commencement Date)

- - Page 51 of 69
EXHIBIT “B”
(Survey of the Premises — to be inserted prior to the Commencement Date)

- - Page 52 of 69
APPENDIX “C”
(i\4ethod of Calculating the Annual Adjustment to Rent)
The adjusted new rate, if applicable, shall take effect on the first of the month following the
anniversary of the Commencement Date.
CPI ADJUSTMENT: Rent shall be adjusted annually by the City on each anniversary of the
Commencement Date (‘Adjustment Date”) by taking the then current Rent and (1) multiplying
it by the then published monthly Official Consumer Price Index (U.S. City Averages, All Items,
1982-84 equals 100) published by the Bureau of Labor Statistics, U.S. Department of Labor
(“CPI”), then (ii) divide the product by the CPI published at time of the previous adjustment or,
in the case of the first adjustment, the CPI in effect at the time the lease was approved by City
Council, and (iii) round the quotient up to the nearest whole dollar. The rounded quotient shall
be the monthly Rent for the twelve (12) months following the Adjustment Date. However, in no
event shall the adjustment be greater than 31/2 in any one adjustment. Notwithstanding the
foregoing, under no circumstances shall the Base Rent be adjusted downward.
CHANGE OF INDEX: In the event the Bureau of Labor Statistics should cease to publish
said Index in its present form and calculated on the present basis, the City shall have the right to
choose a similar index or an index reflecting similar changes in the cost of living.

- - Page 53 of 69
APPENDIX “D”
(Application for a Special Exception & Site Plan Review the Development Review Commission)

- - Page 54 of 69
Development Semicos
APPLICATION FOR SPECIAL EXCEPTION
AND SITE PLAN REVIEW BY THE

REVIEW COMMISSION
st.petersburg DEVELOPMENT
wwwstpote org -
NOTE: All applications are to be filled out completely and correctly and submitted in person (no fax or deliveries) to the
Zoning Division by the scheduled deadline date. It is necessary for the applicant (or person authorized to speak for the
applicant) to be at the meeting. )j revisions to the Site Plan will be processed later than 14 days prior to the
rneASng.
NOTE: IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT CORRECT INFORMATION. ANY MISLEADING,
DECEPTIVE, INCOMPLETE OR INCORRECT INFOR,MATION MAY INVALIDATE YOUR APPROVAL.
APPLICATION NO. SE- Plot Sheet No. Date_____________

APPLICANT (Title Holder)
Address ZIP Phone

Representative
Address_______________________________________________ ZIP Phone

Architect/Engineer
Address ZIP Phone

When Title Obtained
Legal Description
PIN Number(s) [County]:
General Location (Address):
Dote of Public Heoring: lIT IS NkECESSARY FOR APPLICANT AND/OR REPRESENTATIVE TO BE AT HEALING.)
The applicant, by filing this application agrees he/she will comply with all requirements of SedIon 1670040.1.4 & 16.70040.1.5
of the Land Development Regulations. TWELVE SITE PLANS ARE TO BE A1TACHED. PLEASE NOTE: A TREE SURVEY FOR ALL
TREES OVER 2” D.8.H, ON SITE MAY BE REQUIRED IF DEEMED APPLICABLE BY STAFF: CHECK WITH STAFF.
Fee for Special Exception Application (including Site Plan Review): $ 900.00
Fee for Each Related Variance: )Tach Variance) 75.00
Fee for Modification to Previously Approved Site Plan: 200.00
Concurrency Fee: 25.00
Receipt do. Signature

Title Holder/Owner
REQUEST: (Explain proposal in deigil, use back of sheet if necessary)
If VARIANCE)SI is (arel requested, list all Variances here, and WRITE A SEPARATE VARIANCE HARDSHIP JUSTIFICATION 01.1 A
SEPARATE SHEET. MERELY LIST VARIAt’ICE CATEGORIES BELOW:
2)
3)
City of St. Petersburg, EQ. Box 2842, St. Petersburg 33713 1727)893-7471
Page 55 of 69
— Development Services
Development Review
st.petersbur Commission Application
www.stpete.org Data Sheet
Please INSURE the following information is filled out, in its ENTIRETY FAILURE TO COMPLETE THIS FORM WILL
RESULT IN A DEFERRAL OF YOUR APPLICATION. RETURN this form WITH your plan and application to
Development Review Services Division, One Fourth Street North, St. Petersburg,
Florida 33701; (727)893-7471.
[SEE ZONING DISTRICT REGULATIONS FOR CODE REQUIREMENTS]

Project File Number
1) ZONE:
2) EXISTING USE (currently existing on site):
3) PROPOSED USE (existing + proposed, if different):
4) SITE AREA: sq. ft.; acres
5) VARIANCE(51 REQUESTED (Iist)
6) GROSS FLOOR AREA (total sq. ft. buildings):
Existing: sq. ft.
Proposed: sq. ft.
Permitted: sq. ft.
7) FLOOR AREA RATIO (total sq. ft. buildings divided by the total sq. ft. of entire site):
Existing:
Proposed:
Maximum Permitted:
8) BUILDING COVERAGE (1’ floor sq. ft. of building):*
Existing: sq. ft. = ( % of site)
Proposed: sq. ft. = ( % of site)
Maximum Permitted: sq. ft. = (_______

% of site)
*
Building coverage + paving + green space = 100% of site

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Page 56 of 69
Development Review Commission Data Sheet (continued)
9) OPEN GREEN SPACE (include all green space on site; do not include any paved areas):
Proposed: - sq. ft. = ( % of site)
10) INTERIOR OPEN GREEN SPACE OF THE VEHICULAR AREA (green space within parking lot and interior
of site; do not include perimeter landscaping):
Existing: sq. ft. ( % of vehicular area)
Proposed: sq. ft. ( % of vehicular area)
Ii) PAVING COVERAGE (including sidewalks [interior), DO NOT include buildings):
Existing: sq. ft. ( % of site)
Proposed: sq. ft. = ( % of site)
12) IMPERVIOUS SURFACE (total sq. ft. paving, walks and other hard surfaced areas, plus building coverage):
Proposed: sq. ft. ( % of site)
Maximum Permitted: sq. ft. % of site)
13) DENSITY Units per:
sq. ft. oracr p# of eIoe i# of dients (C. R.!Home)
Existing: Existing: Existing:
Proposed: Proposed: Proposed:
Maximum Permitted:
14a) PARKING SPACES: 141,) BICYCLE PARKING:
Existing: (includes handicapped) Existing: =% of vehicular parking
Proposed: (includes handicapped) Proposed: =% of vehicular parking
Mm. Req.: _(includes handicapped) Mm. Req.: =% of vehicular parking
*
Building coverage + paving + green space = 100% of site
-2-

- - Page 57 of 69
Development Review Commission Data Sh..t (continued)
15) BUILDING HEIGHT:
Existing: ft. ( stories)
Proposed: ft. ( stories)
Maximum Permitted: ft. ( stories)
1 5a) Does the height of the project exceed height requirements of either the City or County Airport Zoning Ordinance?
DYes DNa
1 Sb) Will the height of construction equipment (crones, pile drivers, etc.) exceed height requirements of City or County
Airport Zoning Ordinance? DYes UNo
16) How much of the site is the proposal altering/changing? sq. ft.
Note: See Drainage Ordinance for definition/clarification of alteration)
If yes, be aware that this triggers Drainage Ordinance compliance. Please submit drainage calculations to the
Engineering Deparfrnent for review at your eadiesl convenience. The DRC must approve all Drainage Ordinance
Variances.
1 7a) ONE HUNDRED YEAR FLOOD PLAIN (where applicable; specify reference datum):
Flood zone: (panel numberJ
Existing lowest floor elevation: ft.
Proposed lowest floor elevation: ft.
Required lowest floor elevation: ft.
1 7b) HURRICANE VULNERABILITY ZONE? DYes U No
Coastal High Hazard Zone? DYes C No
Hurricane Evacuation Zone? DYes U No; what zone_________________
18) PRESERVATION AREAS (where applicable):
Total: sq. ft. — acres
Maximum developable area permitted, 10% preservation area: sq. ft.
Proposed area being developed, altered or improved: sq. ft. = % of site
19) HISTORIC OR ARCHAEOLOGICAL RESOURCE on site or within 200 ft.? DYes C No
‘Building coverage + paving + green space = 100% of site

-3-

- - Page 58 of 69
Development Review Commission Data Sheet (continued)
20) LEVELS OF SERVICE on aH abutting roadways:
Name of Roadway Level of Service
21) WHAT IS THE ESTIMATE OF THE TOTAL VALUE OF THE PROJECT UPON COMPLETION?
$
22) Does the site meet concurrency requirements? UYes U No
23) Certificate of Concurrency number________________________
24) ALL SITE PLANS shall also include the following: (please check off if you have complied)
YOUR SITE PLAN MUST BE COMPLETE OR YOU MAY BE DEFERRED’!
U Vicinity map
U Submit eight copies (please fold to fit 8 1/21 x 1 1 “folder)
U North arrow
U Lot lines/property lines
U Drawn to scale (engineer’s scale no smaller than 1” 50’)=
U Show all existing and proposed structures

U Off-street parking, curbing, wheel stops, driveways, ingress/egress, pts.
U Street paving, curbs, sidewalks, intersections, medians, acceleration, deceleration lanes, left-turn lanes, bicycle
parking facilities
U Setbacks
U Internal walks/pedestrian circu latic’n
U Sign plans with sizes, style, color, materials, etc. indicated (for sign variance only)
U Exterior lighting (indicating direction of light orientation)
U Indicate all above-ground power lines with height
U Easements
U Buffer walls, fencing with elevation/height and material indicated
U Solid waste disposal method and location (trash containers)
U Storm water retention design, location, calculations
U Any unusual physical features
U Any other architectural or engineering feature/data as may be required
U Multiple building projects shall indicate time schedule
U Preservation area shall show boundary of the Preservation Area
U Topography, where unusual conditions or significant contouring exists or is proposed
U Legal description of site
U Landscape plan including: existing plant material with location, sizes and species noted; and pp plant
materials with location, sizes, and species noted; pj indication of method of watering and maintenance
U One reduced site plan and landscape plan 8 ½” x 11 to scale (kick & white).
U One reduced site plan and landscape plan 8 ½” x 11” to scale (c2icr).
U Elevations 8 1/21/ x 11 ‘to scale (color).
-4-
, City of St. Petersburg
Development Services
(
Application for
Certificate of Concurrency
st.petersburft Date ___
Site Pla:/SE Number Log Number____________

www..stpete.or
Other__________________________________________
Parcel No Sec_Twp_Rg__Subd Blk Lot________
I. GENERAL INFORMATION (filled out by aeplicant)
Owner Name & Address Representative Name & Address
Phone__________________________________ Phone__________________________________
Property Address and Legal Description
Is the subject property part of a previously approved site plan? LI Yes LI No

If yes, provide case number_________________________________
Is the subect property part of an approved DRI? LI Yes LI No
If yes, provide DRI name
TYPE OF ACTIVITY RESIDENTIAL:
New Construction New Single Family Units

Addition New Multi-Family Units
Change of Use Other New- Number of Units/Beds
Redevelopment
NON RESIDENTIAL:
Existing Use Proposed Use

Existing Bldg. Area (sq. ft.) Proposed Bldg. Area (sq. ft.)
Existing Use Proposed Use

Existing Bldg. Area (sq. ft.) Proposed Bldg. Area (sq. ft.)
Applicant (owner of properly) signature Date
If there are any questions regarding this application, please call the concurrency coordinator at 893-71 53. Please
jjg fill out the second portion of this form (opposite side).

- - Page 60 of 69
CITY STAFF USE ONLY - NOT FOR APPLICANT USE
II. SIMPLE CONCURRENCY DETERMINATION (filled out by Concurrency Coordinator)
A, Test Questions Yes No

1. Is the project located outside of Traffic Restriction and Concern Areas? U U
2. Is the project a single family home or a duplex? U U
3. Is the project located in the Transportation Concurrency Exception Area U U
(TCEA), or on approved DRI?
B. If the answer to ilfl of the above three questions is V, the project is approved for concurrency.
C. If the answer to all of the above questions is ,

refer application to the Planning Programs Division for complex
concurrency determination.
D. If the project is located in the TCEA on a major street that is operating at a LOS that is lower than the City’s
adopted standard, and is projected to generote more than 50 new p.m. peak hour trips, the projectshall require
special exception approval.
Reviewer Signature of Approval Date Amount Due
III. COMPLEX CONCURRENCY DETERMINATION (filled out by Concurrency Coordinator)
Traffic Study Required UYes UNo Public Utilities Review UYes UNo
-a-
Status of Fadflty/Service:
Traffic Acceptable —— . Recreation & Acceptable

Circulation Traffic Concern Open Space Unacceptable
Traffic Restriction
Solid Acceptable Drainage Dependent upon

Waste Unacceptable . final site plan
review
Mass Acceptable
Transit Unacceptable
Water Acceptable — Service

Supply Unacceptable Provider
Sanitary Acceptable Service

Supply Unacceptable Provider
Service
Area
Finding: Approved Conditionally Approved Denied
Comments:____________
$
Reviewer Signature Date Amount Due

- - Page 61 of 69
APPENDIX “E”
(Bid Bond Form Attached)

- - Page 62 of 69
Bid Bond
STATE OF FLORIDA
COUNTY OF PINELLAS
KNOW ALL MEN BY THESE PRESENTS:
That we,
(Name and Address of Company)
(hereinafter called and
‘Principal’)
(hereinafter called “Surety”) are held and firmly bound unto the City of St. Petersburg, Florida
(hereinafter called “City’) in the sum of Fifty Thousand Dollars ($50,000.00), lawful money of
the United States of America, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by
these presents:
WHEREAS, the “Principal”: contemplates submitting or has submitted a Proposal to the

City of St. Petersburg, Florida, for;
Wireless Communications Support Facility Owner Operator

Proposal dated January 16, 2009
WHEREAS, it was a condition precedent to the submission of said Proposal that a

certified check, cashier’s check or Bid Bond in the amount of five percent (5%) of the proposal be
submitted with said proposal as a guarantee that the Contractor would, if awarded the contract,
enter into a written contract with the City of St. Petersburg, Florida, and furnish a Performance
and Payment Bond in an amount equal to one hundred percent (100%) of the Proposal for the
performance of said contract, within ten (10) consecutive calendar days after written Notice of
Award of the contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if

the Proposal and the “Principal” herein be accepted and said “Principal” within ten (10)
consecutive calendar days after written Notice of Award, enter into a written contract with the
City of St. Petersburg, Florida, and furnish a Performance and Payment Bond in an amount
equal to one hundred percent (100%) of the Proposal, satisfactory to the City of St. Petersburg,
Florida, then this obligation shall be void; otherwise, the sum herein stated shall be due and
payable to the City of St. Petersburg, Florida, and the “Surety” herein agrees to pay said sum
immediately upon demand of said City of St. Petersburg, Florida, in good and lawful money of
the United States of America, as liquidated damages for failure thereof of said “PrincipaL
IN WITNESS THEREOF, the said

- - Page 63 of 69
(Name of Principal) as ‘Principal’ herein, has caused these presents to be signed in its name by
its
under its corporate seal, and the said
as “Surety’ herein, has caused these
presents to be fri its name by its
sigred
under
its corporate seal, the day of 2009.
NAME OF PRINCIPAL:
By:
(Signature)
(Please Print or Type Name)
(Title)
SEAL
ATTEST:
(Signature)
SURETY NAME
Attorney-in-Fact
SEAL
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
City Attorney (Designee) City Attorney (Designee)
By: By:
Real Estate & Property

Lease File No.: 09-6010
- -
Page 64 of 69
APPENDIX “F”
(PAl MEN 1. RI - Attached)
CeilTower- RPP-62ndAvenueNortheast-V2c Page65ofE9

PAYMENT & RERFORMANCE BOND
Bond #______________
(STATE OF FLORIDA)
(COUNTY OF )
(CITY OF )
KNOW ALL MEN BY THESE PRESENTS:
That we, (hereinafter called the “Principal’),

(Company Name)
located at
( )
(Principal Business Address) (Phone Number)
and
(hereinafter called the “Surety”),
(Surety Name)
located at
( )
(Surety Business Address) (Phone Number)
are held and firmly bound unto the City of St. Petersburg, Florida (hereinafter called the “City”)
located at One 4th Street North, St. Petersburg, FL 33701, phone: (727) 893-7500, in the penal
sum of: One Million Dollars ($1,000,000) for the payment of which we bind ourselves, our heirs,
personal representatives, successors, and assigns, jointly and severally, for the faithful
performance of a certain written agreement, dated the day of
entered into between the Principal and the City (“Contract”) for:
A Wireless Communications Support Facility located at immediately east of 1160 62nd Ave
Northeast, St. Petersburg, FL 33702
[Provide the project number, project description, and project location. If the contract number is
not the same as the project number, include the contract number as well.]
NOW, THEREFORE, THE CONDITIONS of this bond are such that, if the Principal shall (i) in
all respects comply with the terms and conditions of the Contract (the Contract being made a
part of this bond by reference), including but not limited to the guarantee and warranty
requirements, all obligations contained in the Contract Documents (as defined in the Contract)
and all modifications made to the Contract as therein provided, for the original term of the
Contract and any extensions which may be granted by the City, with or without notice to the
Surety; arid (ii) promptly make payments to all claimants, as defined in Section 255.05(1),
Florida Statutes, supplying labor, materials, or supplies used directly or indirectly in the
prosecution of the work provided for in the Contract; and (iii) pay the City all losses, damages,
liquidated damages, expenses, costs, and attorneys’ fees at trial and on appeal sustained by the
City due to a default by Principal under the Contract; and (iv) fulfill its obligations related to the
guarantee and warranty of all work and materials furnished under the Contract pursuant to the
- - Page 66 of 69
terms and conditions specified in the Contract, then this bond shall be void; otherwise, it shall
remain in full force.
This bond is meant to comply with all the requirements of Section 255.05, Florida Statutes,
and herewith incorporates all duties of a surety required by Section 255.05, Florida Statutes,
and all notice and time limitation provisions set forth in Section 255.05(2), Florida Statutes.
Any action instituted by a claimant under this bond for payment must be in accordance with
the notice and time limitation provisions set forth in Section 255.05(2), Florida Statutes.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract or to the work to be performed thereunder or
to the specifications accompanying the same shall in any way affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of
(Principal Name)
By: AFFIX SEAL

(Signature)
£Print or Type Name/Title)
ATTEST:
(Signature)
(Surety Name)
(Corporate Secretary)
By:
Attorney-in-Fact
(Printed Name of the Attorney-in-Fact)
SEAL
- - Page 67 of 69
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
City Attorney (Designee) City Attorney (Designee)
By: By:
Note: A copy of a power of attorney attested by the corporate secretary of the Surety
evidencing the Attorney-in-Fact named above is currently authorized to execute this bond on
behalf of the Surety must be attached to this bond.
Acknowledgment of Principal, if a Corporation
(STATE OF FLORIDA)
(COUNTY OF )
(CITY OF_______________ )
The foregoing instrument was acknowledged before me this day of 200,
by of
(Name and Title of Officer) (Name of Principal)
corporation, on behalf of said corporation. He/She is

(State of Corporation)
personally known to me or has produced as identification

(Type of Identification)
He/She warrants that he/she is authorized by the Board of Directors of said corporation to execute
the foregoing instrument.
NOTARY PUBLIC:
Sign: AFFIX NOTARY SEAL
Print/Type:

- -
Page 68 of 69
Acknowledgment of Surety,
(Where Executed by Attorney-in-Fact, as Agent)
(STATE OF FLORIDA)
(COUNTY OF )
(CITY OF________________ )
The foregoing instrument was acknowledged before me this day of , 200,
by
(Name of Attorney-in-Fact)
as Attorney-in-Fact for
(Name of Surety)
who is personally known to me or has produced

(Type of Identification)
as identification.
By virtue of a power of attorney from said corporation, a copy of which is attached hereto,
he/she is duly authorized to execute the foregoing instrument.
NOTARY PUBLIC:
Sign:
Print/Type:
SEAL

- - Page 69 of 69

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REQUEST FOR PROPOSALS

Cell Tower - RFP 62nd Avenue Northeast V2c

SECTION I: BACKGROUND AND GENERAL INFORMATION

SECTION II: TOWER REQUIREMENTS

SECTION III: SITE PLAN & CONDITIONS

SECTION IV: SUBMISSION REQUIREMENTS

SECTION V: MINIMUM SELECTION CRITERIA

SECTION VI: REVENUE PROJECTIONS

SECTION VII: COMPARITIVE SELECTION CRITERIA

SECTION VIII: CITY APPROVALS

SECTION IX: LOGISTICS

SECTION XI: USE RESTRICTIONS

SECTION XII: GROUNDING

SECTION XIII: FACILITY

SECTION XIV: ACCESS, PARKING AND UTILITY NEEDS

SECTION XV: EQUIPMENT BUILDING

SECTION XVI: EMERGENCY POWER

SECTION XVII: SITE SECURITY

SECTION XVIII: TOWER CAMOUFLAGE OPTIONS

SECTION XIX: ENVIRONMENTALLY RESPONSIBLE PRACTICES AND MATERIALS

SECTION XX: REGULATORY PROCESS

SECTION XXI: DEFINITIONS

SECTION XXII: GENERAL OBLIGATIONS

SECTION XXIV: ACCEPTANCE OF LEASE AGREEMENT, SPECIFICATIONS AND

SECTION XXV: ACCEPTANCE OF THE REP, SPECIFICATIONS AND OTHER

SECTION XXVI: PROPOSAL SUBMITTAL

SECTION XXVII: AWARD OF AGREEMENT

SECTION XXVIII: DATA COLLECTION

SECTION XXIX: TRADE SECRETS - EXEMPTIONS TO PUBLIC RECORDS DISCLOSURE

APPENDIX A: LEASE AGREEMENT

APPENDIX B: AERIAL PHOTOGRAPH OF THE SITE

APPENDIX C: A SURVEY OF THE SITE (to be provided later)

APPENDIX D: SPECIAL EXCEPTION APPLICATION

APPENDIX E: BID BOND FORM

APPENDIX F: PUBLIC CONSTRUCTION BOND

Cell Tower - RFP 62nd Avenue Northeast V2c

B. LOCATION OF THE TOWER

Cell Tower - RFP 62nd Avenue Northeast V2c

SECTION II TOWER REQUIREMENTS

C. RIGHTS TO THE TOP OF THE TOWER:

D. CITY OWNED EQUIPMENT BUILDING:

Cell Tower - RFP 62nd Avenue Northeast V2c

Cell Tower - RFP 62nd Avenue Northeast V2c

B. CONDITION OF THE PREMISES:

2. The City is unaware of the presence of any archeologically significant artifacts or

SECTION IV SUBMISSION REQUIREMENTS

Minimum Submission Requirements of proposals include:

6. The ability to provide construction insurance or a bond to secure the completion

SECTION V MINIMUM SELECTION CRITERIA

1. Those items identified in the “Minimum Submission Requirements” and other

5. Bid Bond Requirements:

b. A Payment & Performance Bond in the amount of $1,000,000 per the

c. Prior to the Provider or any of its employees, agents, representatives,

SECTION VI REVENUE PROPOSALS

SECTION VII COMPARATIVE SELECTION CRITERIA

2. The City’s selection of a Provider will be based on its determination that a

4. A proposal where the equipment located thereon is as unobtrusive as possible.