HomeMy WebLinkAbout020883 RES - 03/06/1990A RESOLUTION
AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE AGREEMENTS WITH
GULF COAST BROADCASTING AND SHORELINE VENTURE, LTD., FOR THE
PURPOSE OF HOUSING ANTENNAS FOR THE NEW RADIO SYSTEM FOR
POLICE, FIRE, EMS, AND OTHER MUNICIPAL SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager is hereby authorized to
execute the following lease agreements for the purpose of housing
antennas for the new radio system for police, fire, EMS, and other
municipal services: (1) with Gulf Coast Broadcasting substantially
as set forth in the attached Exhibit A, and (2) with Shoreline
Venture, Ltd., substantially as set forth in the attached Exhibit B.
ATTEST:
fivy t-,�
City Secretary
APPROVED: 27
DAY OF
HAL GEORGE, CITY ATTORNEY
By
aT-
Assl tant City At -
u
ORD-RES\90018
orney
MAYOR
THE CITY OF CORPUS CHRISTI
, 19 9 C
MICROFILMED
THE STATE OF TEXAS
COUNTY OF NUECES
( )
( )
( )
LEASE AGREEMENT
THIS AGREEMENT OF LEASE made and entered into this
day of , 19 , is by and between GULF COAST BROADCAST-
ING, hereinafter called Lessor, and the City of Corpus Christi,
hereinafter called Lessee.
WHEREAS, Lessor is the operator of that certain television
broadcasting tower located on County Road 61 (Violet Road) 2.94
miles south of Violet, Nueces County, Texas, latitude 27 degrees
44' 28" North, longitude 97 degrees 36' 08" West (the "Tower"),
and has the authority to lease locations on the Tower, and facil-
ities adjacent to the Tower, to persons desiring to broadcast
from the Tower on terms and conditions to Lessor, and
WHEREAS, Lessee desires to lease a location on the Tower.
NOW, THEREFORE, Lessor and Lessee agree as follows:
1. Lessor hereby leases to Lessee the location on the
Tower more particularly described on attached Exhibit A
("Lessee's Tower Location") for the purpose of operating a radio
communications system for police, fire, ambulance, and other
public operations for itself and other governmental entities.
Lessee shall only be permitted to place the equipment described
on Exhibit A on the Tower at Lessee's Tower Location unless
Lessor agrees, in writing, to permit additional equipment to be
placed at Lessee's Tower Location. Prior to the installation or
repair of any equipment or materials on the Tower, Lessee shall
obtain the approval of Lessor with respect to the materials to be
used and the individual and/or contractor who will be doing the
installation or repair work. In addition to Lessee's Tower
Location, Lessor agrees to provide Lessee with the use of a
private control room, approximately 210 square feet, in the
building adjacent to the Tower ("Lessee's Control Room").
Lessee's Control Room will have an external door and primary
power wiring. All improvements to Lessee's Tower Location or
Lessee's Control Room deemed necessary by Lessee shall be
Lessee's responsibility and shall become the property of Lessor
at the termination of the lease. Upon ninety (90) days prior
written notice to Lessee, Lessor may require Lessee to relocate
Lessee's Tower Location and Lessee's Control Room to alternative
locations on the Tower or in the building as reasonably required
by Lessor in connection with the operation of Lessor's television
station or in connection with the operation of the Tower to a
location substantially as suitable for Lessee's operations as the
original location.
EXHIBIT "A'
2. Lessee agrees to pay Lessor rental for the use of
Lessee's Tower Location and Lessee's Control Room at the rate of
one thousand three hundred twenty Dollars ($1,320.00) per month,
in advance, on or before the tenth day of each month during the
term of this lease. Payment shall begin on the earlier of (i)
the installation date of Lessee's equipment on the Tower or (ii)
six (6) months after the date of this agreement.
3. Lessor and Lessee agree that the broadcasting frequen-
cies to be used by Lessee shall be those frequencies described in
Exhibit B ("Lessee's Frequencies"). Lessor shall not use any
other frequencies without the prior written consent of Lessor.
Lessor agrees that if the broadcasting signal of any other lessee
of a location on the Tower who was not a lessee on the Tower
prior to the date of this agreement interferes with Lessee's
equipment, Lessor will require such lessee to take the necessary
action to eliminate such interference or, in the alternative,
shall have such lessee remove its equipment from the Tower.
4. Lessee agrees that if Lessee's equipment or broadcast-
ing emissions causes interference to any equipment of Lessor or
of any other lessee who was using the Tower prior to the date of
this agreement, Lessee will take necessary action to eliminate
such interference or, in the alternative, shall remove its equip-
ment from the Tower.
5. Lessee shall promptly comply with all federal, state
and local legal and regulatory requirements which apply to its
radio transmittal and use and occupancy of Lessee's Tower Loca-
tion and Lessee's Control Room.
6. Lessor agrees to maintain and service the Tower in good
repair and in conformity with all federal, state and local legal
and regulatory requirements including, without limitation, all
maintenance and inspection of the Tower and maintenance of the
inspection log required by 90.441 of the Federal Code of Regula-
tions for the Federal Communication Commission, but Lessor shall,
in no event, be liable to the Lessee for any loss or damage
sustained to the transmitting antenna or transmitter, receiver,
or any other equipment of Lessee that may be on the property or
connected to the Tower, except such loss or damage resulting from
the willful or negligent acts of Lessor, its agents, servants and
employees. In no event shall Lessor be liable for any losses to
Lessee in connection with any interruption in Lessee's ability to
broadcast from the Tower regardless of the reason for the inter-
ruption. If Lessor is responsible for such interruption and if
Lessor is unable to cure the interruption within thirty (30) days
after receipt of written notice from Lessee, Lessee's sole remedy
shall be to terminate this lease.
7. The term of this lease shall begin on the first day of
tiugust, 1990, and shall continue for a period of ten (10) years.
Unless terminated by either party by at least 90 days written
notice to the other prior to the end of the lease term or any
extension thereto, the lease shall be extended for additional
terms of two (2) years each. In addition to any alternative
remedies available by law to Lessor, Lessor shall have the right
to immediately terminate this lease in the event of a material
breach by Lessee of any of Lessee's obligations set forth in this
lease agreement, where Lessee has been given written notice of
said breach and has failed to cure within thirty (30) days there-
from.
8. Provided that Lessee has paid Lessor all amounts owing
by Lessee to Lessor arising on account of this lease agreement,
Lessee shall have the right to remove any and all of its equip-
ment from the leased premises and the Tower upon termination of
this lease agreement.
9. Lessee's obligations under this lease beyond its cur-
rent budget year are subject to appropriations by the City Coun-
cil.
IN TESTIMONY WHEREOF, witness our hands this day of
, 19
ATTEST:
GULF COAST BROADCASTING COMPANY
By:
Name:
Title:
ATTEST: CITY OF CORPUS CHRISTI
By:
LESSOR
Name:
Title:
LESSEE
HIBIT "A" ATTACHMENT TO A LEASE BETWEEN GULF COAST BROADCASTING
COMPANY AND THE CITY OF CORPUS CHRISTI DATED
LESSEE'S TOWER LOCATION
SCHEDULE OF EQUIPMENT TO BE MOUNTED ON THE TOWER
1. BOGNER BMR12 ANTENNA TO BE MOUNTED ON THE SOUTHEAST LEG AT
850 FEET USING ROHN VY4041A MOUNTING BRACKETS AND FED WITH
1 5/8" LDF CABLE.
2. BOGNER BMR12 ANTENNA TO BE MOUNTED ON THE SOUTHEAST LEG AT
810 FEET USING ROHN VY4041A MOUNTING BRACKETS AND FED WITH
7/8" LDF CABLE.
3. TOWER PREAMP LEG MOUNTED NEAR ITEM 2.
4. MARK 6' GRID MICROWAVE ANTENNA MODEL 21A72G2 MOUNTED AT 315
FEET ON THE WEST LEG OF THE TOWER AND FED WITH 1 5/8" AIR
HELIAX.
5. MARK 6' GRID MICROWAVE ANTENNA MODEL 21A72G2 MOUNTED AT 175
FEET ON THE NORTHEAST LEG OF THE TOWER AND FED WITH 1 5/8"
AIR HELIAX.
6. ALL HARDWARE AND MISCELLANEOUS ACCESSORIES NORMALLY
ASSOCIATED WITH THE INSTALLATION OF A TRUNKING RADIO SYSTEM.
ALL HARDWARE AND MOUNTING TO BE COMPLETED AS SPECIFIED ON GENERAL
ELECTRIC DRAWINGS #MBP 82416 FIGURES 32, 32A, 32B, 32C.
Gulf Coast Broadcasting Company City of Corpus Christi
by by
-XHIBIT "B" ATTACHMENT TO A LEASE BETWEEN GULF COAST BROADCASTING
COMPANY AND THE CITY OF CORPUS CHRISTI DATED
LESSEE'S FREQUENCIES
ALL FREQUENCIES IN MEGAHERTZ
PRIMARY REPEATER FREQUENCIES
TX FREQ
856.2375
857.2375
858.2375
859.2375
860.2375
856.7125
857.7125
858.7125
859.7125
860.7125
SECONDARY REPEATER FREQUENCIES
TX FREQ
856.4375
857.4375
858.4375
859.4375
860.4375
856.9375
857.9375
858.9375
859.9375
860.9375
MICROWAVE CONTROL FREQUENCIES
2139.6
2134.8
2189.6
2184.8
2141.2
6565
6645
6855
2194.4
2144.4
2147.6
2197.6
2191.2
6735
6775
6615
REC FREQ
811.2375
812.2375
813.2375
814.2375
815.2375
811.7125
812.7125
813.7125
814.7125
815.7125
REC FREQ
811.4375
812.4375
813.4375
814.4375
815.4375
811.9375
812.9375
813.9375
814.9375
815.9375
Gulf Coast Broadcasting Company City of Corpus Christi
by by
ANTENNA SPACE LEASE AGREEMENT
This Lease Agreement (the "Lease") is made and entered into
this day of February, 1990 between SHORELINE VENTURE, LTD.,
having its principal office at 800 N. Shoreline Blvd., Suite 2800,
South Tower, Corpus Christi, Texas 78401, hereinafter referred to as
"Lessor", and THE CITY OF CORPUS CHRISTI, having its principal 'office
at 1201 Leopard Street, Corpus Christi, Texas 78401, hereinafter
referred to as "Lessee".
1. Leased Premises. Lessor grants a non-exclusive lease to
Lessee for a portion of the roof of the South Tower of One Shoreline
Plaza Building, as shown on the attached Exhibit "A", which is attached
hereto and incorporated herein by reference for all pertinent purposes
(the "Roof") and an exclusive lease to an equipment room described on
Exhibit "D" attached hereto and incorporated herein, which Lease shall
include the right to place the transmitters, receivers and antennas,
along with other necessary ancillary equipment, as described on the
attached Exhibit "B", which is incorporated herein by reference for all
pertinent purposes, on the Roof for purposes of operating a radio
transmission system for police, fire, ambulance and other public
operations for itself and other government entities. The Lessee shall
continuously use the Roof for such purposes during the entire term of
the Lease. The exact location for the placement of the antenna's,
transmitters and receivers is shown on Exhibit "A". The legal
description for One Shoreline Plaza is set forth in Exhibit "C"
attached hereto and incorporated herein by reference for all pertinent
purposes. Lessee shall have the responsibility for all costs
associated with the placement and installation of equipment on the Roof
or anywhere in and around the One Shoreline Plaza Building.
2. Term. The term of this Lease shall be for Ten (10)
years beginning on the 1st day of January, 1990 (the "Commencement
Date"). Lessee shall have the option to extend the term of this Lease
for Five (5) options of Two (2) years each, each of which may be
exercised on written notice by Lessee through its City Manager to
Lessor at least One Hundred Twenty (120) days prior to the commencement
of the option period for which notice is given.
3. Rent. Lessee agrees to pay Lessor at Lessor's place of
business on or before the first day of each and every month of the term
of the Lease a monthly rental (the "Rental") rate fee as set forth
below:
Base rental fee will be $150.00 per month per cabinet.
A "cabinet" is defined as that piece of equipment that transmits a two-
way radio signal along with its receiver counterpart or that piece of
equipment that combines transmitters and its receiver multicoupler
counterpart. The base rooftop two-way antenna rental fee will be
$200.00 per month per antenna and antenna mount. The base rooftop
microwave dish antenna rental fee will be $500.00 per month for each
six (6) foot diameter microwave dish and $600.00 per month for each
eight (8) foot diameter microwave dish.
EXHIBIT "B"
The initial installation will consist of the following
items resulting in the following monthly lease fee:
10 - 800 MHz. cabinets or repeaters consisting of a
transmitter and receiver X $150.00 per cabinet per month
$1,500/ month
2 - Microwave cabinets consisting of a transmitter,
receiver and ancillary multiplex equipment X $150.00 per cabinet per
month
$300.00/ month
2 - Cabinets consisting of two - 5 channel transmitter
combiners and one - 16 channel receiver multicoupler X $150.00 per
cabinet per month
$300.00/ month
3 - Antennas consisting of two antennas for the transmit
system and one antenna for the receive system X $200.00 per two-way
antenna per month $600.00/ month
1 - Six foot diameter microwave dish antenna at $500.00
per dish antenna per month $500.00/ month
1 - Eight foot diameter microwave dish antenna at
$600.00 per dish per month $600.00/ month
TOTAL INITIAL INSTALLATION
MONTHLY RENTAL LEASE FEE $3,800.00/ month
After installation of the initial equipment, Lessee
will, in writing, notify Lessor of any new equipment that will be
installed on the Building. With such notification, Lessee will inform
Lessor when the new rental Rate will take effect and at what specific
date. Lessor or his representatives will have the right to audit the
equipment given prior notice to Lessee.
At Lessee's expense, a watt-hour meter will be installed
to the primary power input to Lessee's Premises. Power consumption
will be read on a monthly basis and Lessor will invoice Lessee
(separately from any other rooftop or antenna lease fee Rates) for the
power consumed. Lessor shall not permit subsequent lessees to attach
any equipment on the load side of Lessee's watt-hour meter.
4. Security Deposit. Five Thousand and no/100 Dollars
($5,000.00) to be paid by Lessee upon execution of this Agreement for
the faithful and diligent performance of Lessee's covenants and
obligations hereunder. Such security deposit may not be used by Lessee
as a credit against rentals due under the Lease. In the event Lessor
must draw from Lessee's security deposit in order to perform for
Lessee, Lessee shall replenish such amount within ten (10) days. Such
security deposit shall be held interest free.
2
5. Number of Antenna Structures. Lessor grants permission
to Lessee to install and operate on the Roof the antenna structures
listed in Section 3. Lessee shall furnish its own antennas, lines,
fittings and any other equipment necessary for the installation of its
equipment. Lessee is responsible for providing all equipment and
modification of the Roof necessary to its operation. Lessor is only
responsible to provide the Roof area and one (1) equipment room as
shown on Exhibit "D". Lessee is expressly responsible for all expenses
relating to any modification (including electrical), installation, or
maintenance of the Roof or building related to this Lease. Lessee
shall, at its expense, install and maintain all air conditioning and
heating equipment required by it. All manner and type of installations
shall first be approved by Lessor. As an inducement by Lessee to
Lessor, it is expressly understood by Lessee and Lessor that the Roof
is leased to Lessee "AS IS" and "WITH ALL FAULTS" and that Lessor
expressly disclaims all warranties, express or implied (except for
title), including but not limited to habitability, suitability and
fitness for a particular purpose. Lessor agrees to place, and require
subsequent lessees to place any additional antennas on the Roof in a
manner such that their placement will not interfere with the operation
and performance of the Lessee's system. Lessee will not unreasonably
withhold concurrence of antenna system placement.
6. Frequencies. Lessee agrees that it shall not change the
initial frequencies as specified on Exhibit "B" attached hereto without
Lessor's prior written approval, which shall not be unreasonably
withheld, and which purpose is to avoid a conflict with the operations
of existing or subsequent lessees.
7. Attachments to Roof by Lessee. Lessee shall, at its own
expense, maintain any equipment on/in or attached to the Roof in a safe
condition and in good repair, and in a manner suitable to Lessor so as
not to conflict with the use of the Roof by Lessor, or by any other
company using the Roof and so as not to interfere with the working use
of facilities thereon or to be placed thereon. Lessee covenants that
it will use only industry standard light-weight mesh microwave dishes
and Class A hurricane mounting, for all exterior installations, which
Lessor must approve. Further, Lessee covenants that it shall
coordinate the color of all exterior equipment with the Lessor, which
shall be subject to Lessor's approval.
8. Interference. Prior to installation of the equipment,
Lessee agrees to perform an intermod study in order to determine if
there will be interference with existing site equipment and
frequencies, and if potential exists, Lessee will provide adequate
protection against such interference creation. Lessor agrees to, in
all future leases of the rooftop similar to this Lease, require other
lessees to perform intermod studies to determine if there will be
interference with Lessee's use of the Roof, and if potential exists,
subsequent lessee will be required to provide adequate protection
against such interference creation.
3
Lessee agrees to install equipment of types and frequencies
which will not cause interference to Lessor or other lessee of Lessor's
property, antenna site and/or equipment room. In the event Lessee's
equipment causes such interference through improper functioning of
equipment, Lessee will make best efforts to eliminate the interference.
Further, Lessee will take such action as deemed appropriate to minimize
the effect of interference until such time as interference can be
eliminated. Further, Lessee agrees, upon report of interference to
other equipment within the building, to verify within forty-eight (48)
hours of the report that all of Lessee's equipment is operating within
FCC guidelines and rules as set forth herein. Lessor agrees to put in
future leases similar interference provisions to protect Lessee.
Notification in writing of spectral impurity beyond
herein imposed limits will also constitute interference, and the Lessee
will immediately take all steps necessary to correct the problem. If
the problem cannot be corrected within the limits specified herein, the
Lessee agrees to remove its equipment from the site. Further, Lessee
will take such action as deemed appropriate to minimize the effect of
interference until such time as interference can be eliminated.
Spectral impurity is defined by the following:.
All transmitting and receiving equipment shall, at
a minimum, meet or exceed applicable FCC Rules and
Regulations and all appropriate EIA standards,
including the most current revisions at the time of
installation of RS -152 and RS -204
All transmitter -generated third -order
intermodulation products shall be attenuated at
least 70 dB, relative to the level of the
extraneous mixing signal.
The transmitter side -band spectrum shall be
attenuated to a level no greater than:
(1) -100 dBc at +/- 25 kHz from the carrier
(2) -110 dBc at +/- 1 MHz and beyond from the
carrier
(dBc denotes decibel level below carrier
• amplitude level)
The Antenna Site Technical Standard will be adhered too
without any exceptions. Exhibit "D", attached hereto, is the Antenna
Site Technical Standards.
9. Access. Lessor agrees that Lessee shall have access to
the Roof and/or equipment for the purpose of installing, maintaining
4
and operating Lessee's equipment, and Lessor further agrees to give
Lessee ingress and egress to the Roof during normal building hours
during the continuation of this Lease and any renewals thereof. Lessee
shall further have emergency access to the Roof at all times. All
access to the Roof shall be coordinated through Lessor's security
personnel. It is agreed, however, that only authorized engineers,
employees, contractors, sub -contractors, and agents of Lessee, FCC
inspectors, or persons under their direct supervision of Lessee, will
be permitted access to the Roof.
10. Compliance with Statutes and Regulations. Antennas,
wires, appliances and equipment of Lessee shall be erected and
maintained in accordance with the requirements and specifications of
the safety codes of the State of Texas, or any amendments or revisions
thereof, and in compliance with any rules or orders now in effect, or
that hereafter may be issued by the Federal Communications Commission,
or any other governmental or municipal entity having authority over the
same.
11. Rent Adjustment. Beginning on the first day of the
second Lease Year (hereinafter defined as from the Commencement Date
anniversary to one full year later) and continuing each Lease Year
thereafter for the remainder of the Lease, the monthly rental shall be
adjusted as hereinafter provided. On the first day of the second year
of the Lease and every year thereafter, the Rental payable by Lessee
shall be increased by five percent (5%) per year.
12. Maintenance and Operating of Roof. Lessor reserves to
itself, its successors, and assigns, the right to maintain the Roof and
to operate its facilities in such manner as will best enable it to
fulfill its own service to Lessee.
13. Indemnification and Insurance. Lessee shall indemnify
Lessor, Stark Properties Management, Inc. (as Lessor's authorized
agent), and any other agents or affiliates of Lessor as requested by
Lessor against any and all claims and demands for damages to property
and injury or death to persons, including any payments made under any
workmen's compensation law or any plan for employee's disability and
death benefits, which may arise out of or be caused by the
installation, maintenance, presence, use or removal of Lessee's
equipment, or by any act of Lessee on or in the vicinity of the Roof
described hereunder.
It being understood that Lessee is self-insured, Lessee
covenants hereunder as an inducement to Lessor and a condition
precedent to Lessor's performance hereunder, Lessee represents and
warrants that it can and will protect and hold harmless Lessor and
Lessee from and against any and all claims, demands, actions,
judgments, costs, expenses and liabilities which may arise or result,
directly or indirectly, from Lessee's use of the Roof, except such
liability as shall arise out of the willful negligence of Lessor.
5
14. Rights to Equipment. Any and all machinery, equipment
and trade fixtures installed by Lessee shall remain personalty
notwithstanding the fact that it may be affixed or attached to the
realty, and shall, during the terms of this Lease or any extension or
renewal thereof, belong to and be removable by Lessee. Lessee may, at
its election, remove said equipment on or before the expiration of the
term of this Lease. Upon expiration or termination of this Lease,
Lessee shall remove said equipment within fifteen (15) days and Lessee
shall repair any damage caused by said removal (within fifteen (15)
days of expiration or termination). Any of Lessee's property remaining
on the Roof fifteen (15) days after the expiration or termination of
this Lease, which Lessor does not require Lessee to remove, shall
become the property of Lessor, free of any claim by Lessee or any
person claiming through Lessee. If Lessee fails to remove equipment
after receipt of written notice from Lessor, Lessor has the right to
have such equipment removed and charge back the cost of removal to
Lessee plus fifteen percent (15%) for Lessor's overhead costs to do
such work.
15. Lessor Lien. Lessor shall have at all times, a lien for
all rentals and other sums of money becoming due hereunder from Lessee
upon all goods, wares, equipment fixtures, furniture and other personal
property of Lessee situated on the above described premises, and such
property shall not be removed therefrom without consent of Lessor until
all arrearages and rent as well as any and all other sums of money then
due to Lessor hereunder shall first have been paid and discharged.
Upon the occurrence of any default and the lapse of any applicable cure
periods as hereinafter set forth, Lessor shall have the option, in
addition to any other remedies provided herein or by law, to enter upon
the premises with or without the permission of Lessee and take
possession of any and all goods, wares, equipment, fixtures, furniture,
and other personal property of Lessee situated on the premises without
liability for trespass or conversion, to sell the same with or without
notice at private or public sale, with or without having such property
at the sale, at which Lessor or its assigns may purchase, and to apply
the taking or possession and sales of the property as a credit against
any sums due by Lessee to Lessor. Any surplus shall be paid to Lessee,
and Lessee agrees to pay any deficiency forthwith. Alternatively, the
lien hereby granted may be enforced by Landlord in any other manner
provided by law. The statutory lien for rent is not hereby waived, the
express contractual lien herein granted being in addition and
supplementary thereto.
16. Default. In the event Lessee fails to comply with any
of the provisions of this -Lease, including the specifications herein
mentioned, or default in any of its obligations under this Lease,
Lessor may, after written notice and fifteen (15) days opportunity to
cure monetary default and thirty (30) days opportunity to cure non -
monetary default, at its option, either terminate Lessee's right to
possession of the Roof or terminate the Lease and accelerate the
balance of payment due under the Lease. In the event that Lessor is
required to act on behalf of Lessee in event of default, Lessee shall
6
remain responsible for all costs to cure said default. Lessee shall be
obligated to pay all costs incurred by Lessor as a result of Lessee's
default, including the cost of removing equipment, restoring the Roof
to its prior condition, costs of collection, and attorney fees for
enforcing the Lessor's rights.
17. Attorney's Fees. In the event of any action filed in
relation to this Lease, the prevailing party shall be entitled to
recover from the other party reasonable attorney's fees and other costs
of litigation.
18. Manner of Giving Notice. Any notice to be given under
this Lease shall be mailed to the party to be notified at the address
set forth herein, by registered or certified mail with postage prepaid,
and shall be deemed given when so mailed or shall be hand -delivered to
the party to be notified. Any demand or notice to either party may be
given to the other party by addressing the written notice to:
LESSOR: Shoreline Venture, Ltd,
800 N. Shoreline Blvd.
Suite 2800 South
Corpus Christi, Texas 78401
LESSEE: City of Corpus Christi
P. O. Box 9277
Corpus Christi, Texas 78469
Attention: City Manager
19. Quiet Enjoyment. Lessor covenants and agrees with
Lessee that upon Lessee paying the rent and observing and performing
all the terms, covenants and conditions on Lessee's part to be observed
and performed, Lessee may peacefully and quietly enjoy the Roof,
subject nevertheless to the terms and conditions of this Lease.
20. Entire Agreement, Severability. This Lease embodies the
entire agreement between the parties. If any provision herein is
determined invalid by a court with proper jurisdiction, it shall be
considered deleted from this Lease, and shall not invalidate the
remaining provisions of this Lease.
21. Parties Bound by Agreement. Subject to the provisions
hereof, this Lease shall be extended to and bind the successors and
assigns of the parties hereto.
22. Construction. Should any provision of this Lease
require judicial interpretation, the Court shall not apply the
presumption that the terms hereof shall be more strictly construed
against the party who drafted the Lease, it being understood that both
parties hereto have participated in the preparation of the Lease.
7
23. Casualty Loss. In the event the Roof is damaged or
destroyed by fire, earthquake, hurricane, rain, wind or other casualty,
the Lessor shall use reasonable efforts to restore the Roof; however,
in the event Lessor is unable to restore the Roof within six (6) months
after the damage is sustained, then Lessee shall have the option to
terminate this Lease by giving Lessor written notice of termination,
Rent shall abate during the period that Lessee is unable to use the
roof for the purposes described in this Lease.
24. Appropriations. Lessee's obligations under this Lease
beyond its current budget year are subject to appropriations by the
Corpus Christi City Council; however, in the event that appropriations
for future years are not approved, Lessee shall pay to Lessor as
liquidated damages, one (1) year's Rental as is then currently due.
25. Care of Premises. Lessee agrees to pay Lessor, in
addition to the other amounts set forth herein, the cost of repair or
damage caused to One Shoreline Plaza or any contents therein during the
installation, repair, or removal of Lessee's equipment. Lessee agrees
to cover the elevator floor area of the 28th floor upon installation,
repair or removal of Lessee's equipment and to take other precautionary
measures within the building as Lessor shall notify Lessee to take
during the installation, maintenance and removal of equipment.
IN WITNESS WHEREOF, the parties have executed this agreement
on the day and year first above written.
LESSOR: LESSEE:
SHORELINE VENTURE, LTD.
By Stark Properties
Management, Inc.,
Authorized Agent
THE CITY OF CORPUS CHRISTI
By: By:
James M. Kozak, President (Name)
(Title)
8
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EQUIPMENT AND FREQUENCIES
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. -a :_m_t 353.4375 Mhz
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TrarEm t 4 359.43'5 Mb-
Re_eiver 4 314.43'5 Mhz
Transmit 5 360.4375 Mhz
r.e_si-.7‘r 5 315.4375 Mhz
Transmit E 856.9375 Mhz
?ace:;.er 6 311.9375 Mhz
Transmit 7 857.9375
Receiver 7 812.9375 Mb -
Transmit 8 858.9375 Mh'
Receiver 8 913.9375 Mb'
Transmit 9 353.9375 Mhz
Deceiver 9 314.9375 Mh"
Transmit 10 960.9375 Mhz
Reramer 10 815.9375 Mh-
EXHIBIT "D"
ANTENNA SITE TECHNICAL STANDARDS
1. All transmitters operating in the range of 20 to 1300 MHz must
have a ferrite isolator with a minimum of 35dB rejection in the
reverse direction. This will be installed between the transmitter
and single bandpass cavity or bandpass, band -reject type of
duplexer combiner.
2. For those stations without bandpass, band -reject duplexer, a low
pass filter or single -stage bandpass cavity must be placed between
the isolator and the antenna system.
3. The transmission cable must be jacketed Heliax type cable only,
and secured by either stainless steel clamps or approved equal.
Excess transmission line must be removed.
4. Each transmission line shall be identified in three places with a
stainless steel tag that identifies the user/tenant and the
antenna position: (1) at the cabinet, (2) as it enters the roof
area and (3) at the antenna.
5. Cabling between the main antenna feedline, isolators, duplexers,
cavities, and the transmitter all must he double shielded RG -213
coaxial cable or Heliax type cable.
6. All radio equipment, excluding microwave, multiplex, transmitter
combiners, receiver multicouplers and ancillary equipment, must be
housed in RF tight metal enclosures, and securely bonded to the
common grounding system with t,6 AWG stranded conductor cable with
600 volt jacket. The cable shall be terminated with a compression
type lug and securely fastened to the cabinet with a 5/16"
diameter machine bolt and lockwasher.
7. A11 antennas will be fiberglass enclosed "pole type" antennas. No
bi-metallic loop antennas will be allowed. Only Celwave "Station
Master" fiberglass type antennas or Decibel Products, Inc., #DB -
258, Bogner BMR 12 or approved equals may be used.
8. All antennas and their associated support mounting structures must
be capable of surviving 112 mph winds.
9. The location and mounting of all antennas will be designated by
the site coordinator. This location will be shown on the Lease.
Changes must be approved in writing from the site coordinator.
Any antenna or cable failing to meet the above standards will be
removed from the Tower and/or building at the Lessee's expense.
D(1)
10. All transmission lines must be secured to structure members or
walls using stainless steel coaxial clamps. All cabling will be
installed plumb and true in a good and workmanlike manner.
11. On a 48-hour notice, stations will be made available for
inspection by the site coordinator to assure compliance with the
above standards.
12. The following information is essential for RF site coordination,
and must be provided. Any and all changes must have prior
approval and be reported to the site coordinator.
A. Frequency of all transmitters and receivers.
B. All transmitter powers and powers to antenna system.
C. Manufacturer and model number of the antenna.
D. Type and length of cable.
E. Type and model number of all RF devices used on the
transmission path to the transmitter and receiver. This will
include combiners, duplexers, cavities, isolators,
circulators, crystal filters, receiver multi -couplers, etc.
F. The name, address and phone number of the person or group
directly responsible for the day-to-day maintenance of the
station.
G. The name, address, and phone number of the person or group
directly responsible for the Lease agreement.
H. Items F. and G. along with the current FCC license will be
posted in a clear plastic holder on the cabinet of the
equipment. The plastic holder will be supplied by Spectrum
Engineering if requested.
D(2)
Corpus Christi, Texas
day of , 19
The above resolution was passed by the following vote:
Betty N. Turner I
Cezar Galindo /_
Leo Guerrero it 7 -
Tom Hunt
Edward A. Martin
Joe McComb /( 1
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
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