Lease of Vacant Jefferson Parish Property

BID NUMBER- 50–00144265 Lease of Vacant Jefferson Parish Property BID DUE: March 12, 2024 AT 2:00 PM ATTENTION VENDORS!!! Please review all pages and respond accordingly, complying with all provisions in the technical specifications and Jefferson Parish Instructions for Bidders and General Terms and Conditions. All bids must be received on the Purchasing Department’s eProcurement site, www.jeffparishbids.net, by the bid due date and time. Late bids will not be accepted. Jefferson Parish Purchasing Department 200 Derbigny Street General Government Building, Suite 4400 Gretna, LA 70053 Purchasing Specialist II Name: SHANNA FOLSE Purchasing Specialist II Email: sfolse@jeffparish.net Purchasing Specialist II Phone: 504-364-2680 http://www.jeffparishbids.net/ mailto:

rel="no-follow" href="mailto:sfolse@jeffparish.net">sfolse@jeffparish.net BID SPECIFICATION BID #50-00144265 LEASE CONTRACT FOR WIRELESS COMMUNICATIONS FACILITIES The Parish of Jefferson is soliciting bids from qualified companies interested in leasing Jefferson Parish property for the purpose of installing wireless communications facilities in accordance with Sec. 2-877.3 of the Code of Ordinances of Jefferson Parish. Sealed Bids will be received electronically through our E-Procurement site at www.jeffparishbids.net until 2:00 p.m., March 12, 2024 and publicly opened thereafter. At no charge, bidders may submit via Jefferson Parish’s electronic procurement page by visiting www.jeffparishbids.net to register for this free site. 1. BACKGROUND On June 2, 1999, the Jefferson Parish Council passed Sec. 2-877.3 of the Code of Ordinances authorizing the Parish of Jefferson, or any sub districts within the Parish, to lease its property for the installation of equipment and/or towers related to the wireless transmission of intelligence. Jefferson Parish is now seeking bids from qualified companies who can comply with requirements of that ordinance and who have an interest in leasing certain Jefferson Parish property for the purposes of installing wireless communications facilities. 2. SCOPE OF LEASED PROPERTY The scope of the property to be leased is as follows: (Please see the attached Exhibit "A" for a full legal description of these properties) A. Land Space. A portion of raw, unimproved property on Estelle Playground for construction of a monopole and other appurtenant structures for operating a wireless communications tower. B. Access and Utility Right of Way. Access road to be used to get to the land space where the tower and other structures are to be constructed. Will also provide right of way for utilities. GPS Coords: Lon. 90o05’49.30”W Lat. 29o49’05.40”N 3. LEASE CONTRACT The successful bidder will be required to execute a lease which is similar in form and requirements to that attached hereto as Exhibit “B." The initial term of the lease shall be five (5) years with four (4) five-year options to renew. The minimum acceptable bid for the lease of the location specified in paragraph No. 2 shall be, at a minimum, in conformity with the appraisal(s) attached hereto and marked as Exhibit “C." No bid shall be considered unless it meets or exceeds the market value, i.e. the appraised price. http://www.jeffparishbids.net/ http://www.jeffparishbids.net/ The successful bidder shall provide insurance as required by the general conditions presented in this specification and the form lease attached as Exhibit "B" including workers' compensation, commercial general liability and owner's protective liability and builders risk insurance. Further, the successful bidder shall be responsible for payment of all fees including appraisals, property abstracts, attorney fees and other costs directly associated with preparation of the lease and equipment specifications. Such fees shall be due and payable at the time of execution for the lease agreement. Such fees are estimated to be approximately $8,000.00 to $10,000.00 The successful bidder shall be obligated to obtain written approval of the Parish for any and all subleases for co-location purposes with other communications entities and to share proportionate sub-lease revenues with the Parish receiving a minimum of 40% of such revenues. In connection with sub-leases for co-location, the sublessees will be required to execute a lease similar in form to the attached exhibit and to bear any and all costs as specified above. 4. SPECIFICATIONS Specifications for the leased sites are attached as Exhibit "D" showing the exact location of each antenna, equipment shelter and for other equipment to be installed at each location and the space available for the installation. All construction and/or related installations have been approved by the heads of the departments managing the above property. All constructions and/or related installations must be installed in accordance with the specifications attached as Exhibit "D." 5. EXISTING USE The subject property is currently vacant land. 6. LOCATOR MAP A locator map is attached hereto as Exhibit “E." 7. PROPOSAL REQUIREMENTS The Bidder shall carefully read the general conditions provided by the specifications. The Bidder shall state any exceptions to the general conditions, and the reasons for the exception. Note that the Parish is extremely reluctant to grant exceptions from the general conditions. The Bidder shall demonstrate that it has the requisite financial ability and technical experience in the wireless communications field, and shall furnish proof of same. BID SPECIFICATION WITH EXHIBITS LEASE CONTRACT FOR WIRELESS COMMUNICATIONS FACILITIES • Exhibit A - Legal description of Parish property to be leased for wireless communication facility and antenna site. • Exhibit B - Lease Contract • Exhibit C - Appraisal • Exhibit D - Specifications for leased site • Exhibit E - Locator Map ESTELLE PLAYGROUND CELL TOWER SITE EXHIBIT A LEGAL DESCRIPTIONS: 30' ACCESS & UTILITY SERVITUDE A CERTAIN PIECE OR PARCEL OF LAND LOCATED IN TOWNSHIP 14 SOUTH, RANGE 23 EAST, PARISH OF JEFFERSON, STATE OF LOUISIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF HWY 3134 AND THE APPARENT NORTH LINE OF THE PARENT TRACT, MARKED BY A 2" PIPE FOUND; THENCE S30 ̊26'01"W A DISTANCE OF 137.65 FEET TO THE POINT OF BEGINNING FOR THE 30 FOOT WIDE ACCESS AND UTILITY SERVITUDE; THENCE N81 ̊04'33"E A DISTANCE OF 235.29 FEET TO A POINT; THENCE S07 ̊57'01"E A DISTANCE OF 42.79 FEET TO A POINT ON THE NORTHERN LINE OF THE PROPOSED LAND SPACE; THENCE ALONG SAID LINE S82 ̊02'59"W A DISTANCE OF 30.00 FEET TO A POINT ON SAID LINE; THENCE LEAVING SAID LINE N07 ̊57'01"W A DISTANCE OF 12.28 FEET TO A POINT; THENCE S81 ̊04'33"W A DISTANCE OF 204.77 FEET TO A POINT; THENCE N08 ̊55'27"W A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; CONTAINING 7426.9 S.F, (0.170 ACRE), BEING SUBJECT TO ALL SERVITUDES AND RESTRICTIONS THAT MAY BE OF RECORD. 50' X 84.5' LAND SPACE FOR CELL TOWER AND EQUIPMENT A CERTAIN PIECE OR PARCEL OF LAND LOCATED IN TOWNSHIP 14 SOUTH, RANGE 23 EAST, PARISH OF JEFFERSON, STATE OF LOUISIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF HWY 3134 AND THE APPARENT NORTH LINE OF THE PARENT TRACT, MARKED BY A 2" PIPE FOUND; THENCE S30 ̊26'01"W A DISTANCE OF 137.65 FEET TO A POINT; THENCE N81 ̊04'33"E A DISTANCE OF 235.29 FEET TO A POINT; THENCE S07 ̊57'01"E A DISTANCE OF 42.79 FEET TO A POINT ON THE NORTHERN LINE OF THE PROPOSED LAND SPACE; THENCE N82 ̊02'59"E A DISTANCE OF 10.00 FEET TO A 1/2" IRON ROD SET AND THE POINT OF BEGINNING; THENCE S07 ̊57'01"E A DISTANCE OF 84.50 FEET TO A 1/2" IRON ROD SET; THENCE S82 ̊02'59"W A DISTANCE OF 50.00 FEET TO A 1/2" IRON ROD SET; THENCE N07 ̊57'01"W A DISTANCE OF 84.50 FEET TO A 1/2" IRON ROD SET; THENCE N82 ̊02'59"E A DISTANCE OF 50.00 FEET BACK TO THE POINT OF BEGINNING; CONTAINING 0.097 ACRE (4,225 SQUARE FEET), AND IS SUBJECT TO ALL SERVITUDES AND RESTRICTIONS THAT MAY BE OF RECORD. Exhibit B 1 LEASE AGREEMENT This Lease Agreement (“Agreement’) is entered into as of this ____ day of _________, 2024, (the “Effective Date”) by and between the Parish of Jefferson (“LESSOR”), represented herein by _____________________, Council Chairperson, duly authorized to act by Resolution No. __________, adopted on the ____ day of _________, 2024, and ______________ (“TENANT”), authorized to do and doing business in the Parish of Jefferson, State of Louisiana, represented herein by ___________, its _______________, duly authorized to act by virtue of the resolution attached hereto. I. TERM (a) This Agreement shall be for an Initial Term of 5 (five) years to commence on the date the Premises are Ready for Occupancy or the date TENANT begins construction on the Premises, whichever is sooner (the “Commencement Date”). For the purposes of this Agreement, “Ready for Occupancy” shall mean the earlier of: (i) the date on which all certificates, permits and other approvals required by any federal, state or local governmental authorities for the operation of TENANT’S equipment on LESSOR’S property are obtained, or (ii) one hundred and eighty (180) days from the Effective Date; provided however, if TENANT has used its best efforts to secure the necessary certificates, permits and approvals and they have not been obtained within such one hundred and eighty (180) day period, but said certificates can be obtained within one hundred and eighty (180) additional days, then TENANT shall have such additional period of time (not to exceed one hundred and eighty (180) days) as is reasonably necessary to obtain the necessary certificates, permits and approvals so long as TENANT diligently and continuously pursues them. In no event, however, shall the Commencement Date occur more than three hundred sixty (360) days from the Effective Date of the Agreement. (b) TENANT shall have the option to extend the term of this Agreement for four (4) additional 5 (five) year terms. The option for the first extended term shall be deemed automatically exercised without notice by TENANT to LESSOR, unless TENANT gives LESSOR written notice of its intention not to exercise such extension option at least six (6) months prior to the end of the Initial Term. For each subsequent extension term option, TENANT must give LESSOR written notice of its intention to exercise such option at least six (6) months prior to the end of the then-current term. Should TENANT fail to provide LESSOR with such notice, this Agreement shall terminate at the end of the then-current term. II. PREMISES LESSOR hereby leases to TENANT for the installation, operation, maintenance and storage of a wireless communication antenna and related equipment that certain portion of a parcel of property in the Parish of Jefferson, State of Louisiana, all as more fully shown on the attached site plan marked as Exhibit “A-1, Specifications” and legal description marked as Exhibit “B-1, Description of the Property” (the “Premises”). TENANT acknowledges that the lease entered herein is only for a portion of the property described on Exhibit “B-1, Description of the Property". III. RENT (a) The rent for first year of the Initial Term shall be ______________ and No/100 Dollars, per year, payable in equal monthly installments of _________ and No/100 Dollars, in advance, on or before the first day of the month, to LESSOR at the address for LESSOR stated in Section X or such other person, firm or place as LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. The first payment of rent will be due on the Commencement Date and shall be pro-rated for the portion of that calendar month remaining, plus the following month. The rent will be payable monthly in advance for the remainder of the term of the Agreement. The rent will increase five percent (5%) per annum, compounded annually during each year of the Initial Term and the first extended term. (b) Six (6) months prior to the expiration of the first extended term and any additional extended term, LESSOR shall provide TENANT with an appraisal of the Premises by a Parish- Exhibit B 2 approved qualified appraiser familiar with the market value of the lease of sites for the installation of wireless communication antennae and/or towers. Said appraised new market value of the Premises shall be the rent for the following duly-exercised extended term; provided however, in the event that this appraisal is lower than the rent during the last year of the expiring extended term, the rent for the first year of the next extended term shall be five percent (5%) more than the rent for the last year of the expiring term and shall increase five percent (5%) per annum, compounded annually during each year of each extended term. All appraisal fees are to be paid by TENANT. If TENANT does not approve of the appraisal, TENANT shall notify LESSOR in writing at least three (3) months prior to the expiration of the then current extended term, and the Agreement shall expire at the end of the then current term. (c) Rent shall be increased proportionally to any increase in space necessitated by additions to the TENANT’S improvements described in Section IV. (d) TENANT shall pay to LESSOR, in addition to monthly rentals, any and all increases in the maintenance and/or renovation costs to the Premises and the surrounding property of any type, which are incurred by LESSOR and which result from TENANT’S antenna system, light pole(s), and/or related equipment and buildings and/or use of the Premises. (e) LESSOR specifically waives the lessor’s privilege and pledge, provided by the Louisiana Civil Code and other authorities, upon the TENANT’S equipment and improvements on the Premises. As consideration for such waiver, TENANT agrees to deposit with LESSOR a sum equal to one-half (1/2) of the annual rent for the first year of the Initial Term as security for payment of the rental and other charges under the terms of this Agreement. Said security deposit will be returned to TENANT at the termination or expiration of the Agreement less any amounts of unpaid rent or other charges or expenses owed by TENANT to LESSOR. LESSOR will hold TENANT’s security deposit in an interest-bearing account, and interest thereon shall accrue to LESSOR. (f) All taxes and assessments on the Premises directly resulting from any installation or modification of TENANT’S property shall be the responsibility of the TENANT. (g) No improvements made by TENANT shall be deemed to be for the benefit and immediate use of LESSOR in order that no mechanic’s or other liens for such improvements shall be allowed against LESSOR’S estate. In the event liens are filed against LESSOR’S estate, TENANT shall post a proper bond or discharge any lien encumbering the premises as a result of work and/or activities done by or authorized by TENANT within ten (10) days after TENANT becomes aware of the existence of a lien. TENANT shall be responsible for all costs and attorney fees related to any such liens. IV. SPECIFICATIONS OF IMPROVEMENTS AND WORKS (a) Antenna, Equipment. See attached plans, identified as Exhibit “A-1, Specifications” showing location and details of installation of antenna(s), monopole(s), masts, etc. (b) Equipment Shelter. See attached plans, identified as Exhibit “A-1, Specifications” showing location and details of equipment shelter and peripherals. (c) Utility Easement. See attached plans, identified as Exhibit “A-1, Specifications” showing location and details of utility easement, if applicable. (d) The plans and specifications for all of TENANT’S improvements shall be approved and stamped by a professional engineer licensed to practice in the State of Louisiana and shall be drawn to scale. V. OPERATION OF THE EQUIPMENT AND ACCESS TO THE LOCATION (a) LESSOR grants TENANT the right for ingress and egress to the Premises, seven (7) days a week, twenty-four hours (24) a day, on foot or motor vehicle, including trucks for Exhibit B 3 installation and maintenance of utility wires, cables, conduits and pipes, over, under or along a right of way as necessary to secure the electric power, telephone or any other utilities that shall be required to install and operate TENANT’S antenna(s) on LESSOR’S property, all as shown on Exhibit “A-1, Specifications”. TENANT shall be solely responsible for all expenses related to any construction, permits, etc. related to the implementation of TENANT’S access required for the installation, operation or maintenance of TENANT’S equipment. In addition, TENANT shall be solely responsible for any and all lights or any other warning devices or other safety items, including but not limited to fencing, warning and identification signage and lighting, required by the Federal Aviation Agency, the Federal Communications Commission or any other federal, state or local authority because of the installation, operation or maintenance of TENANT’S equipment located anywhere on the Premises. (b) The positions on and/or the parcel leased by LESSOR to TENANT are to be used only for the installation, maintenance, and operation, all at TENANT’S sole expense, of the following wireless communication equipment and associated antennas: Wireless communication antenna systems and associated equipment consisting of antenna arrays (i.e., one or more antennas with their associated support equipment, interconnected, which comprise a single system), plus cabling, brackets, generator(s) equipment shelter, electrical service, fencing and any and all supporting structures for such systems and equipments, etc., are to be located on LESSOR’S property as described in Exhibit “A-1, Specifications”. The antenna systems will be mounted as shown on plans identified as Exhibit “A-1, Specifications”. LESSOR grants to TENANT the right to survey the property, to take measurements, make calculations, and to note other structures, setbacks, uses or other information as deemed by TENANT to be relevant and pertinent, as such information relates to LESSOR’S property. Cost for all such work shall be borne by TENANT. (c) In addition, TENANT shall be responsible for the following: (1) To install, at its sole expense, a lockable gate across the above described right of ingress and egress sufficient to properly secure the enclosure surrounding the TENANT’S improvements on the leased location. (2) To properly secure, lock, and maintain said gate at all times during the term of this Agreement. (3) To provide to LESSOR, at TENANT’S sole expense, with keys to said locks and gate. (4) To ensure that TENANT use of the Premises does not interfere with the security, use and/or maintenance of the facility and/or any operations of any type by LESSOR on the Premises and surrounding property. (5) To install, at TENANT’S sole expense, an electrical power source, feeder lines and meter, etc., for the operation and maintenance of TENANT’S equipment. TENANT shall provide a separate meter for the electricity needed to power TENANT’S equipment. In the event that TENANT requires an electric power supply different from the power currently available on the leased location, the TENANT shall so notify the LESSOR, in writing, indicating the specifications of TENANT’S additional requirements. LESSOR shall utilize its normal contractor to affect the construction and implementation of said requirements as may be allowed by local jurisdictions. TENANT shall be responsible for costs associated with said work and LESSOR shall pass through to the TENANT all costs associated with TENANT’S additional requirements. LESSOR shall invoice TENANT for said costs on the first day of the month following completion of such work at which time said invoices shall become due and payable within ten (10) days of the mailing of such invoice to TENANT; said invoice shall include a reasonable handling fee not to exceed ten (10) percent of the total charge. Exhibit B 4 (6) To provide security and safety fencing around their equipment. (7) To provide and maintain landscaping where appropriate within the Premises. (d) If at any time during the term of this Agreement, the Premises are abandoned by TENANT for a period of over sixty (60) days, LESSOR shall have the option to terminate the Agreement as abandoned. Within thirty (30) days of LESSOR’S notice of such termination, TENANT shall remove its equipment from the Premises. If said equipment is not removed by TENANT, LESSOR has the option to disconnect and remove said equipment, after providing TENANT with ten (10) days written notice of LESSOR’S intent to remove such equipment. LESSOR is not responsible for any damages to or loss of TENANT’S removed equipment and TENANT shall be responsible to reimburse LESSOR for removal and storage costs of equipment removed by LESSOR. Further, LESSOR shall not be responsible for any loss of profits or other business losses of any type resulting from the removal of TENANT’S equipment. (e) TENANT shall use the Premises only for the purpose of constructing, maintaining and operating a wireless communication facility and uses incidental thereto, consisting of a building or buildings as necessary now or in the future to shelter telecommunications equipment and all necessary connecting appurtenances, as detailed in Exhibit “A-1, Specifications”. A security fence shall be placed around the perimeter of the Premises (not including any access easement); said fence may be chain link construction, wood or similar but comparable construction at the option of LESSOR. All improvements, including but not limited to safety requirements, shall be at TENANT’S expense. TENANT will maintain the Premises in a reasonable condition. Any multi-use structure constructed by TENANT on the Premises for the location of TENANT’S equipment shall be maintained by TENANT, unless otherwise agreed in writing. (f) TENANT shall obtain prior written consent from LESSOR to add to or alter the antenna, antenna system, buildings, or other facilities and/or equipment described and/or shown on Exhibit “A-1, Specifications” except for upgrades to equipment which do not result in any increase in the size, or location, of such equipment. Prior written consent shall also not be required in the event of an emergency. Except as outlined in Section XI, TENANT shall obtain prior written permission from LESSOR before entering into a sublease to another entity of any portion of the Premises including a sublease on a Parish structure or on a structure constructed by TENANT on LESSOR’S property. (g) Interference with Equipment. (1) LESSOR has no responsibility regarding the licensing, coordination of the location of the antenna or functioning of any of TENANT’S equipment located on the Premises. (2) All frequency interference inquiries and complaints regarding interference shall be to the Federal Communications Commission and shall be the sole responsibility of TENANT. (3) TENANT shall not in any way interfere with the LESSOR'S use of the Premises for any legitimate purpose including the installation of communication equipment; however, such communication equipment shall not interfere with the functioning of TENANT'S equipment installed on the Premises prior to the installation of LESSOR'S equipment. (4) LESSOR shall in no way be responsible for the detection or removal of equipment that may interfere with the operation of TENANT'S equipment and TENANT shall have no recourse whatsoever against LESSOR for such interference. TENANT'S sole remedy for such interference shall be to report the alleged interfering operator to the Federal Communications Commission or any other applicable regulatory agency. (5) Nevertheless, LESSOR shall require any future tenant to test its equipment before permanently installing it on the Premises to ascertain that said equipment will not cause interference with the operation of the equipment of LESSOR'S existing tenants Exhibit B 5 at that time. Any future tenant's equipment shall not be allowed to be permanently installed on the Premises until said future tenant has furnished written certification to any existing tenant that requests proof that such tests have shown that the equipment of said future tenant will not cause interference with the operation of existing tenant(s)' equipment. It will be the sole responsibility of existing tenant(s) to request said certification from future tenant(s). (6) Under no circumstances shall LESSOR be responsible for any loss of profits or other business losses of any type resulting from interference in the operation of TENANT'S equipment by the operations of other equipment on the same location or on any other location. (h) TENANT hereby covenants that it shall bring onto the Premises no hazardous substances, hazardous wastes, pollutants, asbestos, polychlorinated biphenyls (PCBs), petroleum or other fuels (including crude oil or any fraction or derivative thereof) or underground storage tanks (collectively, “Environmental Hazards”) other than those substances permitted by law and necessary to operate TENANT’S facility including emergency generators, if any. For purposes of this Agreement, the term “hazardous substances” shall be defined in the Comprehensive Environmental Response, Compensation, and Liability ACT. (42 U.S.C. Section 6901 et seq.) (RCRA) and any regulations promulgated pursuant thereto. The terms “pollutants” shall be defined in the Clean Water Act (33 U.S.C. Section 1251 et seq.), and regulations promulgated pursuant thereto. TENANT agrees to indemnify, save and hold harmless LESSOR, its successors and assignees, and their respective present and future officers, employees and agents (collectively, the “Indemnitees”) from and against any and all liabilities, penalties, fines, forfeitures, demands, damages, losses, claims, causes of action, suits, judgments, and costs and expenses incidental thereto (including, but not limited to, the cost of defense, settlement, and reasonable attorney’s fees) that the Indemnitees may hereafter suffer, incur, be responsible for or disburse as a result of: (a) any governmental action, order, directive, administrative proceeding or ruling; (b) personal or bodily injuries (including death) or damage (including loss of use) to any property (public or private); (c) cleanup, remediation, investigation or monitoring or any pollution or contamination of or adverse effects on human health or the environment; or (d) any violation or alleged violation of laws, statutes, ordinances, orders, rules or regulations of any governmental entity or agency directly or indirectly caused by or arising out of any Environmental Hazards existing on or about the Premises but only to the extent that any such existence is caused by the activities of TENANT’S officers, directors, employees, agents, or invitees. This provision shall survive the termination or expiration of this Agreement. VI. LIABILITY/INSURANCE/INDEMNITY (a) TENANT, prior to occupying the Premises or commencing work, shall provide, at its own expense, proof of the following insurance coverage by insurance companies authorized to do business in the State of Louisiana. Insurance is to be placed with insurers with an A.M. Best rating of no less than A:VI. This requirement will be waived for worker’s compensation coverage placed with companies who participate in the State of Louisiana Worker’s Compensation Assigned Pool or the Louisiana Worker’s Compensation Corporation. (1) Worker’s Compensation Insurance: As required by Louisiana State Statute exception; employer’s liability limit shall be $1,000,000.00 per occurrence when work is to be over water and involves maritime exposures, otherwise this limit shall be no less than $500,000.00 per occurrence. (2) Commercial General Liability Insurance with a Combined Single Limit per occurrence for bodily injury and property damage. This insurance shall include coverage for bodily injury and property damage, and indicate on the certificate of insurance the following: (i) Premises-operations; (ii) Broad form contractual liability; (iii) Products and completed operations; (iv) Use of contractors and sub-contractors; (v) Personal Injury; (vi) Board form property damage; Exhibit B 6 (vii) Explosion, collapse and underground (XCU) coverage. “COMBINED SINGLE LIMITS:” GENERAL CONTRACTS – $1,000,000.00 NEW CONSTRUCTION/RENOVATIONS – $1,000,000.00 (3) Business Automobile Liability Insurance with a Combined Single Limit of $500,000.00 per occurrence for bodily injury and property damage, unless otherwise indicated. This insurance shall include coverage for bodily injury and property damages for the following: (i) Any automobiles; (ii) Owned automobiles; (iii) Hired automobiles; (iv) Non-owned automobiles; (4) Fire and Extended Coverage Insurance with a Combined Single Limit of $500,000.00 per occurrence with LESSOR as well as the Parish of Jefferson as additional insured(s). (b) LESSOR has the right but not the obligation to review and approve all certificates of insurance prior to the signing of this Agreement. (c) An umbrella policy or excess may be used to meet minimum requirements. All property losses to LESSOR’S property for which TENANT is responsible, shall be payable to LESSOR and adjusted with the Jefferson Parish Risk Management Department. (d) Should there be a material change in TENANT’S insurance policies as required in this Agreement during the term of this Lease, TENANT shall give LESSOR thirty (30) days notice as to said changes and will submit a certificate of insurance naming LESSOR as an additional insured. (e) Failure of TENANT to take out and/or maintain insurance shall not relieve TENANT from any liability under this Lease, nor shall the insurance requirements be construed to conflict with the obligations of TENANT concerning indemnification. (f) In the event that TENANT fails to maintain the insurance required by this agreement, LESSOR shall have the option, but not the obligation, to purchase said required insurance and TENANT shall be obligated to reimburse LESSOR for the cost of said insurance within thirty (30) days of receipt of written notice of demand for said reimbursement. (g) LESSOR acknowledges that TENANT is or may be a self-insurer with respect to all or a substantial portion of the risks commonly insured against under standard fire and extended coverage and commercial general liability insurance policies. Notwithstanding any provision of the Agreement to the contrary, so long as TENANT or any subsidiary, or principal or other affiliate thereof, and has a substantial net worth, TENANT shall not be required to obtain or maintain any insurance policies otherwise required of TENANT under this Agreement and any such insurance as may be, from time to time, maintained by TENANT will be for the sole and exclusive benefit of TENANT in furtherance of its risk management and self insurance policies and programs. TENANT must produce to LESSOR financial statements and/or other documentation proving its net; said documentation shall be approved by the Jefferson Parish Risk Management Department before such a TENANT is acknowledged by LESSOR as self- insured. (h) To the fullest extent permitted by law, TENANT shall protect, defend, indemnify and save LESSOR, its agents, officials, employees, servants, including volunteers, or any firm, company, organization, or individual, or their contractors, or sub-contractors for whom LESSOR may be contracted, harmless from and against any and all claims, demands, loss or destruction of property, actions, and causes of actions of every kind and character, including but not limited to claims based on negligence, strict liability, and absolute liability which may arise in favor of any Exhibit B 7 person or persons on account of illness, disease, loss of property, services, wages, death or personal injury resulting from TENANT’S operations on LESSOR’S property, regardless whether others may be wholly, concurrently, partially, or solely negligent, or strictly liable, or absolutely liable or otherwise at fault, and regardless of any defect in the premises, equipment, or materials, irrespective of whether same pre-existed this agreement, except damages arising out of injuries to, or property claims of, third parties caused by the negligence of LESSOR, its agents, officials, employees. Further, TENANT shall indemnify LESSOR for all reasonable expenses and attorneys’ fees incurred by LESSOR in establishing the right to indemnity pursuant to the provisions of this section. (i) TENANT, at TENANT’S option, may obtain title insurance (“Leasehold Policy”) on the leased parcel and parcel upon which the right of way is situated. LESSOR, at TENANT’S expense, shall cooperate with TENANT’S efforts to obtain such title insurance policy by executing documents or obtaining requested documentation as required by the title insurance company. (j) While in the performance of services or carrying out other obligations under this Agreement, the TENANT shall be acting in the capacity of an independent contractor and not as an employee of the LESSOR. The LESSOR shall not be obliged to any person, firm or corporation for any obligations of the TENANT arising under this agreement. (k) LESSOR shall indemnify TENANT only for damages to its antenna or equipment caused by the negligence of LESSOR, its agents and employees and LESSOR will take reasonable and prudent precautions to prevent damage to TENANT’S antenna system, i.e., notify TENANT when maintenance work is scheduled to be performed on the leased premises. LESSOR has no responsibility for damage to TENANT’S equipment and/or operations caused by third parties, including persons who may be on LESSOR’S premises by virtue of said premises being public property. In no event shall LESSOR be liable for any interruption of TENANT’S business or services. TENANT shall assume the risk and have no cause of action against LESSOR and/or third parties for damages to its equipment caused by usual and expected uses of the leased premises. (l) TENANT will be responsible for any and all damages, losses and expenses and will indemnify LESSOR against and from any discovery by any persons of any and all hazardous wastes generated, stored, or disposed of as a result of TENANT’S installation, use or occupancy of LESSOR’S property. (m) LESSOR will not be responsible for any damages, losses, and expenses whatsoever suffered by TENANT and will not indemnify TENANT against and/or from discovery by any persons of such hazardous wastes generated, stored, or disposed of on the aforementioned property whether before, during or after the term of this Agreement. (n) TENANT shall certify that the proposed installation shall comply with all applicable industrial, electrical, safety, and building codes and regulations and with all applicable state, federal, or local regulations, present and future, concerning the effects of radio frequency emissions. TENANT’S failure to remain in compliance with said regulations shall be a breach of this Agreement. VII. TERMINATION Exhibit B 8 (a) It is understood and agreed that TENANT shall apply for and make a good faith effort to obtain all certificates, permits and other approvals required by any federal, state or local authorities for the operation of TENANT’S equipment on LESSOR’S property. In the event, that during the term(s) of this Agreement, any such certificates, permits or other approvals should be finally rejected, or any such certificate, permit, license or approval issued to TENANT is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority, TENANT shall have the option, but not the obligation to terminate this Agreement. (b) Written notice of LESSOR’S exercise of its right to terminate and the termination date shall be given to TENANT. Except as provided in subsection (e) below, all rentals paid to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall become null and void and all the parties shall have no further obligations, including the payment of money, to each other. (c) TENANT, upon termination of this Agreement, shall, within forty-five (45) days, remove its personal property, improvements, fixtures, and equipment from the Premises and shall restore the Premises to its original above-grade condition, reasonable wear and tear excepted. Upon LESSOR’S written request to TENANT, TENANT shall leave the foundations for the equipment shelter and for the tower as well as the security fence. If a multi-use structure is being removed and the multi-use structure has replaced a prior structure on LESSOR’S property (e.g., a monopole with lights has replaced a prior light standard), TENANT shall have the option to replace the multi-use structure (e.g., a light standard/monopole) with a replacement structure (e.g., a light standard) which shall serve the function(s) of the original structure and this structure shall become the property of LESSOR. If such time for removal causes TENANT to remain on the Premises after termination of this Agreement, TENANT shall pay rent at the then- existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal is completed. (d) Should LESSOR, at any time during the term of this Agreement, (i) desire to transfer or convey all or any part of the Premises to a third party or (ii) desire to use the Premises for any purposes other than those provided for in Section II, then LESSOR shall have the right to terminate this Agreement upon six (6) months advance notice to TENANT; provided, however, that TENANT shall be afforded the opportunity to re-locate to a mutually acceptable site on the same or other property of LESSOR under such terms and conditions to be agreed to by the parties. All costs of TENANT’S re-location shall be borne solely by TENANT. (e) If TENANT and LESSOR do not agree to TENANT’S re-location on LESSOR’S property, and TENANT is required to vacate LESSOR’S property, LESSOR will owe a refund to TENANT as follows: (1) If TENANT is required by LESSOR to vacate the Premises within one (1) year of the Commencement Date, LESSOR will refund one hundred per cent (100%) of the monthly periodic payments that LESSOR has received from TENANT through the date that TENANT is given notice to vacate the Premises; (2) If TENANT is required by LESSOR to vacate the premises within two (2) years of the Commencement Date, LESSOR will refund forty-five per cent (45%) of the monthly periodic payments of rent that LESSOR has received from TENANT through the date that TENANT is given notice to vacate the Premises; (3) If TENANT is required by LESSOR to vacate the premises within three (3) years of the Commencement Date, LESSOR will refund thirty per cent (30%) of the monthly periodic payments of rent that LESSOR has received from TENANT through the date that TENANT is given notice to vacate the Premises; (4) If TENANT is required by LESSOR to vacate the premises within four (4) years of the Commencement Date, LESSOR will refund fifteen per cent (15%) of the monthly periodic payments of rent that LESSOR has received from TENANT through the date that TENANT is given notice to vacate the Premises; Exhibit B 9 (5) If TENANT is required by LESSOR to vacate the premises within five (5) years of the Commencement Date, LESSOR will refund five per cent (5%) of the monthly periodic payments of rent that LESSOR has received from TENANT through the date that TENANT is given notice to vacate the Premises. (6) If TENANT is required by LESSOR to vacate the premises later than five (5) years following the Commencement Date, LESSOR shall not make any refund of the monthly periodic payments of rent to TENANT. (7) Under no circumstances shall LESSOR be required to refund to TENANT more than LESSOR has received from TENANT in monthly periodic payments of rent under this Agreement through the date that TENANT is given notice to vacate LESSOR’S Premises. (f) Under no circumstances shall LESSOR be responsible for any loss of profits or other business losses of any type resulting from the termination of this Agreement before the expiration of the term of this Agreement. (g) If the whole of the Premises, or such portion thereof as will make the Premises unusable by TENANT for the purposes herein leased, are condemned by any legally constituted authority for any public use or purpose, then this Agreement shall terminate as of the date when possession of the Premises is taken by public authorities, and TENANT’S rental shall be accounted for as between LESSOR and TENANT as of that date. Any lesser condemnation shall in no way affect the respective rights and obligations of LESSOR and TENANT hereunder. (h) Default by TENANT (1) In the event there is a default by TENANT with respect to any of the provisions of this Agreement or its obligations hereunder, including the payment of rent, LESSOR shall give TENANT written notice of such default. Thereafter, TENANT shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in which to cure any non-monetary default; provided, however, that TENANT shall have such extended period as may reasonably be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and TENANT commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against the TENANT unless and until the TENANT has failed to cure the same within the time periods provided in this paragraph; however, if TENANT is in default of the same or substantially similar obligation under this Agreement two (2) times during the term of this Agreement, then TENANT shall be in default under this Agreement without any notice or opportunity to cure if, during the remainder of the term of this Agreement, TENANT again violates or fails to comply fully with the same or any other substantially similar provisions of this Agreement. At LESSOR’s option, default by TENANT shall entitle LESSOR to accelerate this Agreement under which all rent unpaid on the then current term shall become immediately due. (2) Should TENANT be in default hereunder, LESSOR shall have the option, without further notice or putting in default, such notice being hereby waived, of invoking any or all of the following rights or remedies: (i) proceeding for all past due rent and damages caused by such default, reserving its right to proceed later for the remaining rent payments becoming due hereunder and to enforce later its legal remedies hereunder, and, at LESSOR’s option, proceeding for specific performance and/or injunctive relief; or (ii) proceeding for all past due rent and damages caused by such default, declaring all unpaid installments of rent for the entire term of this Agreement immediately due and payable, and proceeding to enforce its rights and remedies hereunder; or (iii) proceeding for all past due rent and damages caused by such default and canceling and terminating this Agreement. All rights and remedies of LESSOR under this Agreement shall be cumulative, and none shall exclude any other rights or remedies granted in this Agreement or allowed by law. (i) TENANT will give LESSOR immediate notice of any damage to the Premises caused by fire, flood, wind, storm, or other act of nature or by civil commotion (“Casualty”). If Exhibit B 10 the Premises are damaged or destroyed to such an extent that it is no longer usable by TENANT and if such damage or destruction cannot be repaired within ninety (90) days, then either TENANT or LESSOR will have the right, at its option, to terminate this Agreement by notice to the other given within thirty (30) days after the date of the damage or destruction. If either party elects to terminate this Agreement as aforesaid, then this Agreement will come to an end on the date of the Casualty with the same effect as if such date were the original termination date hereof, and all rent will be paid by TENANT through the date of the Casualty. If the Premises are damaged or destroyed by Casualty, but this Agreement is not terminated either because the damage or destruction is not sufficiently extensive to give either party that right or because the parties elect to retain this Agreement in effect, then TENANT will perform repairs or restoration to the Premises at TENANT’s cost. TENANT’s rent will be abated during the period repairs or restoration are performed by TENANT, not to exceed one hundred and eighty (180) days from the date of the Casualty, in an amount that is proportionate to the portion of the Premises, if any, that cannot be used for TENANT’s purposes. TENANT will have no claim against LESSOR in tort, contract or otherwise arising from or as a result of the destruction or any damage to the Premises or any property contained therein, by any Casualty, or from a termination of this Agreement in accordance with this Article. (j) In any case, LESSOR will not be liable for damages suffered by TENANT, its agents, assigns or customers resulting from delay in repair to the Premises after damage or destruction prevents TENANT'S use of Premises. TENANT further agrees to hold harmless and indemnify LESSOR for any claim resulting from or caused by the interruption of use of the Premises by TENANT when such interference results from damages or destruction caused by fire, wind or other act of nature. VIII. WARRANTIES LESSOR assures that LESSOR is seized of good and sufficient title and interest to the Premises. LESSOR further assures that there are no other liens, judgments or impediments of title on the Premises. It is agreed and understood that this Agreement contains all agreements, promises and understandings between the LESSOR and TENANT and that no verbal or oral agreements, promises or understandings shall be binding upon either the LESSOR or TENANT in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the parties. IX. SIGNAGE TENANT shall not place or cause to be placed on the Premises any sign or exterior indication other than those required by federal, state and local law and in addition, one (1) small name plate of not more than two (2) square feet on which the TENANT’S name and twenty-four hour emergency telephone number(s) only are clearly stated. Said sign shall be required for safety purposes. X. NOTICES All notices hereunder must be in writing and shall be deemed validly given if sent by a nationally recognized overnight carrier or by certified mail, return receipt requested, and shall be effective upon mailing. All notices shall be addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): TENANT: LESSOR: Jefferson Parish Attorney’s Office Exhibit B 11 Property Section 1221 Elmwood Park Blvd., Suite 701 Jefferson, LA 70123 XI. ASSIGNMENT (a) TENANT may not sublet, assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of LESSOR, which consent shall not be unreasonably withheld; provided that: (i) TENANT is not in default of any of its obligations under this Agreement, (ii) all terms and conditions of the proposed assignment or sublease shall be provided to LESSOR in advance, (iii) the proposed sublease or assignment requires the sublessee or assignee to use the Premises for the same purposes as are required in this Agreement and under the same terms and conditions as contained in this Agreement, (iv) LESSOR shall be entitled to Forty Percent (40%) of all revenue received by TENANT from any such assignee or subtenant during the Initial Term of this Agreement, (v) LESSOR shall be entitled to Forty Percent (40%) of all revenue received by TENANT from any such assignee or subtenant during any extended term of this Agreement, and (vi) such assignment or transfer shall not relieve LESSOR from any of its obligations under this Agreement and the proposed sublessee or assignee agrees that it will be solidarily bound with TENANT to LESSOR for the full performance of all of TENANT’s obligations under this Agreement. LESSOR’s portion of revenue from any assignee or subtenant described above shall be in addition to the rent owed by TENANT as stated in Section III. (b) Notwithstanding the foregoing subsection (a), TENANT may assign its interest to its principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of TENANT’S assets in the market defined by the Federal Communications Commission in which the Premises is located by reason of a merger, acquisition or other business reorganization. In addition, TENANT may assign, mortgage, pledge, hypothecate or otherwise transfer, without LESSOR’S consent, TENANT’S interest in this Agreement to any financing entity or agent on behalf of any financing entity to whom TENANT has obligations for borrowed money or in respect of guaranties thereof, has obligations evidenced by bonds, debentures, notes or similar instrument, or has obligations under or with respect to letters of credit, banker’s acceptances and similar facilities or in respect of the guaranties thereof. (c) LESSOR may assign all or any part of its interest in this Agreement upon written notice to TENANT. XII. APPLICABLE LAW AND CHOICE OF FORUM This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Louisiana and the parties hereto submit to the jurisdiction of the 24th Judicial District Court for the Parish of Jefferson, State of Louisiana. XIII. SEVERABILITY If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions shall be binding upon the parties and shall be enforceable as though said invalid, illegal or unenforceable provisions were not contained herein. XIV. BINDS ALL SUCCESSORS This Agreement shall extend to and bind the heirs, personal representatives and successors of the parties hereto. IN WITNESS WHEREOF, the parties hereto have signed on the dates indicated below. PARISH OF JEFFERSON (LESSOR): [...] (TENANT): Exhibit B 12 _____________________________ ______________________________ By: _________________________ By: __________________________ Its: Council Chairperson Its: __________________________ Date: ______________ and Authorized Representative Date: ______________ Exhibit B 14 ACKNOWLEDGMENT STATE OF LOUISIANA PARISH OF JEFFERSON BE IT KNOWN that on the day indicated below, before me, the undersigned notary public, personally came and appeared, __________________________, who executed the foregoing agreement by and between the Parish of Jefferson and _____________________________, and declared and acknowledged that s/he is an authorized representative of the Parish of Jefferson (as “LESSOR”), and that s/he executed said instrument of her own free will and deed for the uses, benefits and purposes therein expressed, after having read the instrument in full. COUNCIL CHAIRPERSON: WITNESSES: _______________________________ _______________________________ Print name: _________________________ _______________________________ Print name: SWORN TO AND SUBSCRIBED BEFORE ME, THIS ____ DAY OF ______________, 2024. _______________________________ NOTARY PUBLIC Name: _________________________ Bar/Notary No. __________________ Commission Expires: _____________ CORPORATE RESOLUTION EXCERPT FROM MINUTES OF MEETING OF THE BOARD OF DIRECTORS OF INCORPORATED. AT THE MEETING OF DIRECTORS OF ____________________________________ INCORPORATED, DULY NOTICED AND HELD ON _________________________, A QUORUM BEING THERE PRESENT, ON MOTION DULY MADE AND SECONDED. IT WAS: RESOLVED THAT _________________________________________, BE AND IS HEREBY APPOINTED, CONSTITUTED AND DESIGNATED AS AGENT AND ATTORNEY-IN- FACT OF THE CORPORATION WITH FULL POWER AND AUTHORITY TO ACT ON BEHALF OF THIS CORPORATION IN ALL NEGOTIATIONS, BIDDING, CONCERNS AND TRANSACTIONS WITH THE PARISH OF JEFFERSON OR ANY OF ITS AGENCIES, DEPARTMENTS, EMPLOYEES OR AGENTS, INCLUDING BUT NOT LIMITED TO, THE EXECUTION OF ALL BIDS, PAPERS, DOCUMENTS, AFFIDAVITS, BONDS, SURETIES, CONTRACTS AND ACTS AND TO RECEIVE ALL PURCHASE ORDERS AND NOTICES ISSUED PURSUANT TO THE PROVISIONS OF ANY SUCH BID OR CONTRACT, THIS CORPORATION HEREBY RATIFYING, APPROVING, CONFIRMING, AND ACCEPTING EACH AND EVERY SUCH ACT PERFORMED BY SAID AGENT AND ATTORNEY-IN- FACT. I HEREBY CERTIFY THE FOREGOING TO BE A TRUE AND CORRECT COPY OF AN EXCERPT OF THE MINUTES OF THE ABOVE DATED MEETING OF THE BOARD OF DIRECTORS OF SAID CORPORATION, AND THE SAME HAS NOT BEEN REVOKED OR RESCINDED. SECRETARY-TREASURER DATE 1 | P a g e Revised 10 22 2020 STANDARD INSURANCE REQUIREMENTS FOR BIDDING PURPOSES All required insurance under this bid shall conform to Jefferson Parish Resolution No. 113646 or No. 113647, as applicable. Contractors may not commence any work under any ensuing contract unless and until all required insurance and associated evidentiary requirements thereto have been met, along with any additional specifications contained in the Invitation to Bid. Except as where otherwise precluded by law, the Parish Attorney or his designee, with the concurrence of the Director of Risk Management or his designee, may agree on a case-by- case basis, to deviate from Jefferson Parish’s standard insurance requirements, as provided in this Section. Vendors requesting deviation therefrom shall submit such requests in writing, along with compelling substantiation, to the Purchasing Department prior to the bid’s due date. Any changes to the insurance requirements will be reflected in the bid specifications and addenda. Prior to contract execution and at all times thereafter during the term of such contract, contractors must provide and continuously maintain all coverages as required by the foregoing Resolutions, and the contract documents. Failure to do so shall be grounds for suspension, discontinuation or termination of the contract. For bidding purposes, bidders must submit with bid submission a current (valid) insurance certificate evidencing the required coverages. Failure to comply will cause bid to be rejected. The current insurance certificate will be used for proof of insurance at time of evaluation. Thereafter, and prior to contract execution, the low bidder will be required to provide final insurance certificates to the Parish which shall name the Jefferson Parish, its Districts Departments and Agencies under the direction of the Parish President and the Parish Council as additional insureds regarding negligence by the contractor for the Commercial General Liability and the Comprehensive Automobile Liability policies. Additionally, said certificates should reflect the name of the Parish Department receiving goods and services and reference the respective Jefferson Parish bid number. JEFFERSON PARISH REQUIRED STANDARD INSURANCE  WORKER’S COMPENSATION INSURANCE As required by Louisiana State Statute, exception; Employer's Liability, Section B shall be $1,000,000 per occurrence when Work is to be over water and involves maritime exposures to cover all employees not covered under the State Worker’s Compensation Act, otherwise this limit shall be no less than $500,000 per occurrence. Note: If your company is not required by law to carry workmen’s compensation insurance, i.e. not a Louisiana company, sole employee of the company, then bidders must request a workmen’s compensation insurance declaration affidavit prior to the bid opening date. This insurance declaration affidavit must be fully completed, signed, properly notarized and submitted with the bid. A scanned copy may be submitted with the bid; however, the successful bidder must submit the original affidavit in its original format and without material alteration upon contract execution. Failure to comply will result in the bid submission being 2 | P a g e Revised 10 22 2020 rejected as non-responsive. The Parish reserves the right to award bid to the next lowest responsive and responsible bidder in this event.  COMMERCIAL GENERAL LIABILITY Shall provide limits not less than the following: $1,000,000.00 Combined Single Limit per Occurrence for bodily injury and property damage.  COMPREHENSIVE AUTOMOBILE LIABILITY Bodily injury liability $1,000,000.00 each person; $1,000,000.00 each occurrence. Property Damage Liability $1,000,000.00 each occurrence. Note: This category may be omitted if bidders do not/will not utilize company vehicles for the project or do not possess company vehicles. Bidder must request an automobile insurance declaration affidavit prior to the bid opening date. This insurance declaration affidavit must be fully completed, signed, properly notarized and submitted with the bid. A scanned copy of the completed, signed and properly notarized affidavit may be submitted with the bid; however, the successful bidder must submit the original affidavit in its original format and without material alteration upon contract execution. Failure to comply will result in the bid submission being rejected as non-responsive. The Parish reserves the right to award bid to the next lowest responsive and responsible bidder in this event. DEDUCTIBLES - The Parish Attorney with concurrence of the Director of Risk Management have waived the deductible section of the Terms and Conditions for all Invitations to Bid, until further notice. UMBRELLA LIABILITY COVERAGE An umbrella policy or excess may be used to meet minimum requirements. FOR CONSTRUCTION AND RENOVATION PROJECTS: The following are required if selected below. Such insurance is due upon contract execution. ☐ OWNER’S PROTECTIVE LIABILITY To be for the same limits of liability for bodily injury and property damage liability established for commercial general liability. ☐ BUILDER’S RISK INSURANCE The contractor shall maintain Builder’s Risk Insurance at his own expense to insure both the owner (Parish of Jefferson) and contractor as their interest may appear. Market Rent Report Proposed Cell Tower Site- Vacant Land 5801 Leo Kerner Boulevard/Highway 3134 Marrero, Jefferson Parish, Louisiana 70072 Report Date: April 11, 2023 FOR: Jefferson Parish Attorney's Office Ms. Nicole M. Tomba 1221 Elmwood Park Boulevard Jefferson, Louisiana 70123 Client Number: Valbridge Property Advisors | 2030 Dickory Avenue, Suite 200 New Orleans, LA 70123 504.541.5100 phone Valbridge File Number: 504.541.5107 fax LA01-23-0056-000 valbridge.com Exhibit C © 2023 VALBRIDGE PROPERTY ADVISORS | South Louisiana 2030 Dickory Avenue, Suite 200 New Orleans, LA 70123 504.541.5100 phone 504.541.5107 fax valbridge.com April 11, 2023 Andrew Miles 504.541.5106 amiles@valbridge.com Ms. Nicole M. Tomba Senior Assistant Parish Attorney Jefferson Parish Attorney's Office 1221 Elmwood Park Boulevard Jefferson, Louisiana 70123 RE: Market Rent Report Proposed Cell Tower Site- Vacant Land 5801 Leo Kerner Boulevard/Highway 3134 Marrero, Jefferson Parish, Louisiana 70072 Dear Ms. Tomba: In accordance with your request, we have performed a market rent appraisal of the above referenced property. This appraisal report sets forth the pertinent data gathered, the techniques employed, and the reasoning leading to our value opinions. This letter of transmittal does not constitute an appraisal report and the rationale behind the value opinion(s) reported cannot be adequately understood without the accompanying appraisal report. The subject property, as referenced above, is located at 5801 Leo Kerner / Lafitte Parkway on a portion of Lot A, Lower Estell Plantation Subdivision and is further identified as tax parcel 9430008054. The subject site is a 0.1-acre or 4,225-square-foot parcel. THIS IS THE PROPERTY INTRODUCTION PANEL The analyses, opinions, and conclusions were developed, and this report was prepared in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation; the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute; and the requirements of the client. The client in this assignment is Jefferson Parish Attorney's Office and the intended of this report Jefferson Parish Attorney's Office and no others. The intended use is for market rent. The value opinions reported herein are subject to the definitions, assumptions, limiting conditions, and certifications contained in this report. The findings and conclusions are further contingent upon the following extraordinary assumptions and/or hypothetical conditions, the use of which might have affected the assignment results: Ms. Nicole M. Tomba Jefferson Parish Attorney's Office © 2023 VALBRIDGE PROPERTY ADVISORS | South Louisiana Extraordinary Assumptions:  None Hypothetical Conditions:  None The Market Rent conclusions are based on the analysis in the following report and presented in the following table: Respectfully submitted, Valbridge Property Advisors | Andrew B. Miles, Jr. Senior Appraiser Louisiana Certified General Real Estate Appraiser #G1337 PROPOSED CELL TOWER SITE- VACANT LAND TABLE OF CONTENTS © 2023 VALBRIDGE PROPERTY ADVISORS | South Louisiana Page i Table of Contents Cover Page Letter of Transmittal Table of Contents ....................................................................................................................................................................... i Summary of Salient Facts ....................................................................................................................................................... ii Aerial and Front Views ............................................................................................................................................................ iii Location Map ............................................................................................................................................................................. iv Introduction ................................................................................................................................................................................. 1 Scope of Work ............................................................................................................................................................................ 3 City and Neighborhood Analysis ........................................................................................................................................ 5 Site Description ....................................................................................................................................................................... 10 Subject Photographs ............................................................................................................................................................. 15 Assessment and Tax Data ................................................................................................................................................... 17 Market Analysis ....................................................................................................................................................................... 18 Highest and Best Use Analysis .......................................................................................................................................... 20 Market Rent Analysis ............................................................................................................................................................ 21 General Assumptions and Limiting Conditions .......................................................................................................... 37 Certification – Andrew Miles .............................................................................................................................................. 42 Addenda .................................................................................................................................................................................... 45 Glossary ................................................................................................................................................................................. 46 Qualifications ...................................................................................................................................................................... 54 Valbridge Property Advisors Information / Office Locations ........................................................................... 56 PROPOSED CELL TOWER SITE- VACANT LAND SUMMARY OF SALIENT FACTS © 2023 VALBRIDGE PROPERTY ADVISORS | South Louisiana Page ii Summary of Salient Facts Property Identification Property Name Proposed Cell Tower Site- Vacant Land Property Address 5801 Leo Kerner Boulevard/Highway 3134 Marrero, Jefferson Parish, Louisiana 70072 Latitude & Longitude 29.817567, -90.094458 Census Tract 278.19 Tax Parcel Number 9430008054 Property Owner Jefferson Parish Site Zoning Suburban Residential District/Commercial Parkway Overlay Zone (R-1B with CPZ Overlay) FEMA Flood Map No. 22051C0275F Flood Zone X Gross Land Area 0.097 acres Usable Land Area 0.097 acres Valuation Opinions Highest & Best Use - As Vacant Develop with income producing infrastructure such as a communications tower or billboard. Reasonable Exposure Time Less than 12 months Reasonable Marketing Time Less than 12 months PROPOSED CELL TOWER SITE- VACANT LAND AERIAL AND FRONT VIEWS © 2023 VALBRIDGE PROPERTY ADVISORS | South Louisiana Page iii Aerial and Front Views AERIAL VIEW FRONT VIEW PROPOSED CELL TOWER SITE- VACANT LAND LOCATION MAP © 2023 VALBRIDGE PROPERTY ADVISORS | South Louisiana Page iv Location Map PROPOSED CELL TOWER SITE- VACANT LAND INTRODUCTION © 2023 VALBRIDGE PROPERTY ADVISORS | South Louisiana Page 1 Introduction Client and Intended Users of the Appraisal The client in this assignment is Jefferson Parish Attorney's Office and the intended user of this report is the Jefferson Parish Attorney's Office. Under no circumstances shall any of the following parties be entitled to use or rely on the appraisal or this appraisal report: i. The borrower(s) on any loans or financing relating to or secured by the subject property, ii. Any guarantor(s) of such loans or financing; or iii. Principals, shareholders, investors, members or partners in such borrower(s) or guarantors. Intended Use of the Appraisal The intended use of this report is to estimate market rent. Real Estate Identification The subject property is located at 5801 Leo Kerner Boulevard/Highway 3134, Marrero, Jefferson Parish, Louisiana 70072. The subject property is further identified by the tax parcel 9430008054. Legal Description A certain portion of ground located on Lot A, Ames Farms Subdivision, Lower Estelle Plantation in Section 7, Township 14 South, Range 23 East, Section 55, Range 24 East, Sections 1 and 40, Township 15 South, Range 23 East, and Section 49, Township 15 South, Range 24 East, Jefferson Parish, Louisiana Use of Real Estate as of the Effective Date of Value As of the current date of value, the subject was a vacant parcel of land. Use of Real Estate as Reflected in this Market Rent Appraisal The current opinion of value for the subject property reflects use as a ground lease for a communications (cell tower. Ownership of the Property According to Public Records, title to the subject property is vested in Jefferson Parish. History of the Property Ownership of the subject property has not changed within the past three years. Type and Definition of Value The appraisal problem is to develop an opinion of the market rent of the subject property. Market rent is defined as the “the most probable rent that a property should bring in a competitive and open market under all conditions requisite to a fair lease transaction, the lessee and lessor each acting prudently and knowledgeably, and assuming the rent is not affected by undue stimulus. Implicit in this definition is the execution of a lease as of a specified date under conditions whereby:  Lessee and lessor are typically motivated; PROPOSED CELL TOWER SITE- VACANT LAND INTRODUCTION © 2023 VALBRIDGE PROPERTY ADVISORS | South Louisiana Page 2  Both parties are well informed or well advised, and acting in what they consider their best interests;  Payment is made in terms of cash or in terms of financial arrangements comparable thereto; and  The rent reflects specified terms and conditions typically found in that market, such as permitted uses, use restrictions, expense obligations, duration, concessions, rental adjustments and revaluations, renewal and purchase options, frequency of payments (annual,  monthly, etc.), and tenant improvements (TIs).”1 Please refer to the Glossary in the Addenda section for additional definitions of terms used in this report. Valuation Scenarios, Property Rights, and Effective Dates of Report Opinion Opinions of value for the subject property were developed under the following valuation scenarios: Date of Report The date of this report is April 11, 2023. List of Items Requested but Not Provided  All information requested has been provided Assignment Issues Assumptions and Conditions of the Appraisal This appraisal assignment and the opinions reported herein are subject to the General Assumptions and Limiting Conditions contained in the report and the following extraordinary assumptions and/or hypothetical conditions, the use of which might have affected the assignment results. Extraordinary Assumptions  None Hypothetical Conditions  None 1 Appraisal Institute, The Dictionary of Real Estate Appraisal, (7TH ed.). Chicago, Illinois: Appraisal Institute. Valuation Scenario Effective Date of Value Market Rent Estimate March 30, 2023 PROPOSED CELL TOWER SITE- VACANT LAND SCOPE OF WORK © 2023 VALBRIDGE PROPERTY ADVISORS | South Louisiana Page 3 Scope of Work The elements addressed in the Scope of Work are (1) the extent to which the subject property is identified, (2) the extent to which the subject property is inspected, (3) the type and extent of data researched, (4) the type and extent of analysis applied, (5) the type of appraisal report prepared, and (6) the inclusion or exclusion of items of non-realty in the development of the value opinion. These items are discussed as below. Extent to Which the Property Was Identified The three components of the property identification are summarized as follows:  Legal Characteristics - The subject was legally identified via public records, and client supplied documents.  Economic Characteristics - The subject property economic characteristics were identified via information provided by the client, public records, market surveys, discussions with market participants, and the files of Valbridge Property Advisors..  Physical Characteristics - The subject property physical characteristics were identified via . Extent to Which the Property Was Inspected An appraisal inspection of the subject property a general inspection of the property by the appraiser was completed on 3/31/2023. Type and Extent of Data Researched The following data was researched and analyzed: (1) market area data, (2) property-specific market data, (3) zoning and land-use data, and (4) current data on comparable listings and transactions. Professionals familiar with the subject market/property type were also interviewed. Type and Extent of Analysis Applied (Valuation Methodology) An estimate of market rent for the subject property was developed based on observing the subject property characteristics and researching comparable properties. The market rent estimate is a component of the Income Capitalization Approach that also involves occupancy, expense, and capitalization rate estimates. The objective of this assignment is a market rent analysis; therefore, the sales comparison approach, cost approach and non-pertinent components of the income capitalization approach were not developed. Appraisal Conformity and Report Type The analyses, opinions, and conclusions were developed and this report was prepared in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation; the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute; and the requirements of our client. This is an Appraisal Report as defined by the Uniform Standards of Professional Appraisal Practice under Standards Rule 2-2a. PROPOSED CELL TOWER SITE- VACANT LAND SCOPE OF WORK © 2023 VALBRIDGE PROPERTY ADVISORS | South Louisiana Page 4 Personal Property/FF&E All items of non-realty are excluded from this analysis. The opinion of market value developed herein is reflective of real estate only. PROPOSED CELL TOWER SITE- VACANT LAND CITY AND NEIGHBORHOOD ANALYSIS © 2023 VALBRIDGE PROPERTY ADVISORS | South Louisiana Page 5 City and Neighborhood Analysis NEIGHBORHOOD MAP Overview The subject is located in Marrero, Jefferson Parish. Neighborhood Location and Boundaries The subject neighborhood is suburban in nature bounded by Lapalco Boulevard to the north, the Harvey Canal / Intercoastal Waterway to the east, Crown Point, LA to the south, and Bayou Signette & Lake Salvador to the west. Transportation Access Within the immediate area of the subject property, transportation access helps define the character of its development. Major travel and commuter routes within the area of the subject property include LA Highway 3134 and Lapalco Boulevard. Access to the area is considered average. Road Improvements There are no major road improvements on-going. Neighborhood Land Use The subject neighborhood is located in an area with primarily residential land uses. An approximate breakdown of the development in the area is as follows: PROPOSED CELL TOWER SITE- VACANT LAND CITY AND NEIGHBORHOOD ANALYSIS © 2023 VALBRIDGE PROPERTY ADVISORS | South Louisiana Page 6 LAND USES Developed 50% Residential 60% Retail 3% Office 2% Industrial 0% Vacant 35% Total 100% Land Use Trends The neighborhood is not experiencing a change in land use. Nearby uses follow: Demographics The following table depicts the area demographics in Marrero within a one-, three-, and five-mile radius from the subject. PROPOSED CELL TOWER SITE- VACANT LAND CITY AND NEIGHBORHOOD ANALYSIS © 2023 VALBRIDGE PROPERTY ADVISORS | South Louisiana Page 7 Within a three-mile radius, the reported population is with a projected growth rate of approximately annually. There are 9,342 housing units within that three-mile radius. The growth rate is expected to be flat over the next year. Most of the housing is owner-occupied. Our research indicates that property values in the area are stable to increasing. Within a three-mile radius, the median household income is $67,853. Looking ahead, annual household income growth is projected at 3.1% per year. The average income figures suggest that the inhabitants are within the middle income brackets. Nuisances & External Obsolescence Neighborhood properties have adequate levels of maintenance. No adverse or unfavorable factors were observed. Neighborhood Life Cycle Most neighborhoods are classified as being in four stages: growth, stability, decline, and renewal. Overall, the subject neighborhood is in the stability stage of its life cycle. Neighborhood Demographics Radius (Miles) 1 Mile 3 Mile 5 Mile Population Summary 2020 Population 3,293 27,816 76,339 2022 Population Estimate 4,154 28,443 76,945 2027 Population Projection 4,183 28,012 75,735 Annual % Change (2022 - 2027) 0.1% -0.3% -0.3% Housing Unit Summary 2020 Housing Units 1,092 9,342 26,959 % Owner Occupied 90.8% 83.8% 74.9% % Renter Occupied 6.7% 11.6% 19.0% 2022 Housing Units 1,492 10,278 28,728 % Owner Occupied 93.2% 82.1% 74.4% % Renter Occupied 4.1% 14.5% 21.1% 2027 Housing Units 1,516 10,273 28,696 % Owner Occupied 93.1% 81.9% 74.6% % Renter Occupied 3.8% 13.9% 20.2% Annual % Change (2022 - 2027) 0.4% 0.0% 0.0% Income Summary 2022 Median Household Income Estimate $83,943 $67,853 $64,323 2027 Median Household Income Projection $92,665 $78,894 $75,496 Annual % Change 2.0% 3.1% 3.3% 2022 Per Capita Income Estimate $36,947 $29,477 $29,575 2027 Per Capita Income Projection $42,186 $33,749 $33,999 Annual % Change 2.7% 2.7% 2.8% Source: ESRI (ArcGIS) (Lat: 29.817567, Lon: -90.094458) PROPOSED CELL TOWER SITE- VACANT LAND CITY AND NEIGHBORHOOD ANALYSIS © 2023 VALBRIDGE PROPERTY ADVISORS | South Louisiana Page 8 Immediate Area Uses The below aerial photo exhibits the uses located in the subject’s immediate vicinity. IMMEDIATE AREA USES Source: Google Maps Uses along the subject’s 30' access easement from LA Hwy 3134 in the vicinity of the subject are primarily residential in nature. Recognized uses in the immediate area of the subject include Jefferson Parish Recreation facilities, the J.P. Sheriff’s Office, and single-family residential subdivisions with home occupations. As shown above, the density of uses in the area is relatively low. A drive of the neighborhood revealed that occupancies in the area are reasonably high but that turnover is common. Most users of properties are second generation or beyond. Analysis and Conclusions The neighborhood is characterized by established single-family subdivisions, several public recreation properties, and large swaths of undeveloped land. While residents tend to be satisfied with the PROPOSED CELL TOWER SITE- VACANT LAND CITY AND NEIGHBORHOOD ANALYSIS © 2023 VALBRIDGE PROPERTY ADVISORS | South Louisiana Page 9 neighborhood and the Parish is the metropolitan area’s economic engine, in-migration is forecast to be flat over the next calendar year. This is anticipated to remain for the foreseeable future. PROPOSED CELL TOWER SITE- VACANT LAND SITE DESCRIPTION © 2023 VALBRIDGE PROPERTY ADVISORS | South Louisiana Page 10 Site Description The subject site is located at Louisiana Highway 3134 (Leo Kerner / Laffite Highway) and Jefferson Parish Canal “C”. Access and egress are provided by an easement along the north bound side of LA Hwy-3134. The characteristics of the site are summarized as follows: Site Characteristics Gross Land Area: 0.10 Acres or 4,225 SF Usable Land Area: 0.10 Acres or 4,225 SF Usable Land %: 100.0% Shape: Rectangular Average Depth: 84.50 feet Topography: Level Drainage: Adequate Grade: At street grade Utilities: All are available Off-Site Improvements: Aggregate surfaced drive, overhead power and electric along Leo Kerner Hwy. Interior or Corner: Interior Signalized Intersection: No: Excess/Surplus Land: None Street Frontage / Access Frontage Road Primary Secondary Street Name: 30' access easment from LA Hwy 3134 Street Type: Servitude Frontage (Linear Ft.): 30.00 Number of Curb Cuts: 1 Traffic Count (Cars/Day): 4,4984,498 Additional Access Alley Access: No Water or Port Access: No Rail Access: No Flood Zone Data Flood Map Panel/Number: 22051C0275F Flood Map Date: 02-02-2018 Flood Zone: X; An area of minimal flood hazard, usually depicted on FIRMs as above the 500-year flood level. Flood Insurance is not considered mandatory in this Flood Zone. PROPOSED CELL TOWER SITE- VACANT LAND SITE DESCRIPTION © 2023 VALBRIDGE PROPERTY ADVISORS | South Louisiana Page 11 Portion in Flood Hazard Area: 100.00% Other Site Conditions Soil Type: Typical of the Area Environmental Issues: No environmental issues were noted at the time of inspection or disclosed by involved parties that would impact value. Easements/Encroachments: Right-of-Way easement and utility Earthquake Zone: not a known earthquake zone. Wetlands Classification: Not classified as wet. Adjacent Land Uses North: Drainage canal & undeveloped land South: Public recreation East: Undeveloped land & drainage canal West: State highway and residential subdivisions Site Ratings Access: Average Visibility: Average Zoning Designation Zoning Jurisdiction: Jefferson Parish Zoning Classification: R-1B with CPZ Overlay, Suburban Residential District/Commercial Parkway Overlay Zone General Plan Designation: Suburban Residential Permitted Uses: Homes, utility structures, land Zoning Comments: This district is intended for single-family low density living only. Uses are limited to single-family detached dwelling units and such necessary or desirable uses that are normally compatible with residential living. The special permitted use criteria are designed to service low density residential development to ensure compatibility and minimize impact on residences. Analysis/Comments on Site Site is located east of La Hwy 3134 and south of Jefferson Parish's Canal "C", on Parish land just north of Estell Playground and is located within the flood protection levee. The area west of Hwy 31334 is composed of densely populated single-family residential subdivisions and large tracts of undeveloped land.