Read section 4.3 starting on pdf page 18. The original infrastructure, with the exception of leased sites, was totally turned over to Com-Net.
https://www.dms.myflorida.com/conte...00/725-001-01-1_Service_and_Access_Agreement_[EXECUTED_9-28-00].pdf
Section 4.3 Conveyance of Assets
In order to allow COM-NET to execute its duties and obligations, the STATE will convey to COMNET
all rights, and interests in the assets and properties descnbed below:
A. DMS Owned Tangible Equipment: All DMS Owned Tangible Equipment listed in
Schedule D is to be conveyed AS IS;
B. Existing Towers Potentially Available for Assignment The STATE will use its best
efforts to convey its rights and interests in the communications sites identified in
Schedule E and provide ground leases as set forth below. Upon conveyance, COM-NET
will assume the sites AS IS, including liabilities and expenses of the sites (subject to the
rights of any existing tenants as appropriate) and will market and share revenues
received from these sites, per provisions of Section 8.4, for a period of not less than 50
years.
The STATE will use its best efforts to:
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Service Agreement
COM-NET Service and Access Agreement State of Florida
(I) Assign all underlying ground leases or other instruments of conveyance to
transfer rights necessary to operate and market the towers;
(2) Make modifications to the ground leases as needed;
(3) Execute any reasonable instruments of conveyance necessary to effect such
conveyances including assignment agreements, certificates of estoppel, etc.;
(4) Have underlying property owners maintain a zero rental or nominal lease rate;
(5) Execute an Interagency Agreement by and among relevant agencies.
In consideration of the conveyances, COM-NET has reduced the amount of the
STATE's required initial contribution by $20,000,000 and will provide the STATE with
a purchase credit, for goods and services such as those in the Long Term Purchase
Agreement, of $300,000 per tower site conveyed to COM-NET, up to an aggregate
amount of$25,500,000. Nothing herein shall nullifY the STATE's obligation to use its
best efforts to convey all of the tower sites included in Section I.3E.
C. Additional State-owned Sites: The STATE shall use its best efforts to identifY
additional STATE-owned wireless communications sites for potential conveyance to
COM-NET under this agreement.
The STATE will be given consideration for such wireless communications sites in the
fonn of a purchase credit for goods and services such as those in the Long Term
Purchase Agreement, at mutually agreed upon amounts. Conveyance of any additional
sites will not be subject to the aggregate amount in Section 4.3B.
The STATE concurrently with its conveyance of any equipment shall receive from COM-NET an
appropriate security interest in such equipment, subject to any purchase money security interest
COM-NET grants to a third party.
At its option, the STATE may repurchase any of the conveyed towers 50 years from the date of
conveyance, for the sum of $ I per tower. Upon repurchase of the towers, the STATE agrees to
extend services to Third Party Subscribers and Tenants and maintain the towers as required. COMNET
will execute any reasonable instruments of conveyance as required.
