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HomeMy WebLinkAbout020923 RES - 05/15/1990A 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, AND AMENDING RESOLUTION 20883 BY SUBSTITUTING THIS RESOLUTION THEREFOR. 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, and made part hereof, and Resolution No. 20883 is hereby amended by substituing this resolution therefor. ATTEST: U City Secretary MAYOR THE CITY OF CORPUS CHRISTI APPROVED: / D DAY OF fl HAL GEORGE, CITY ATTORNEY By ` . Assistant City At ORD-RES\90018 torney , 19 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. 2. Lessee agrees to pay Lessor rental for the use o. 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 August, 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: ATTEST: JUDY MARTIN NotaryNM STATE OF TEXAS My Comm. Exp. Mach 31.1990 GULF COAST -BROADCASTING, COMPANY B Name: T. Frank Smith. Jr. Title: President CITY OF CORPUS CHRISTI By: LESSOR Name: Title: LESSEE ^;,roved as io form: .;«ieorg� , �tyAttorney K J.(. Or,��1 . snt CL EXHIBIT "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 byA41-:-11-/%j ✓'' ( �/ by EXHIBIT "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 FREOUENCIES 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 �, r i - by // ( 0[ 7L/ �/'! / !G by ANTENNA SPACE LEASE AGREEMENT This Lease Agreement (the "Lease") is made and entered into effective the 15th day of May, 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. Teased 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 antennas, 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 tern of this Lease shall be for Ten (10) years beginning on the 15th day of May, 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. Tenant shall have a one time option to terminate this Lease by giving Landlord written notice (as provided herein) of such termination only during the period of April 15, 1992 through May 14, 1992. 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 he $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 he $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. 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. 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. A11 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 and operating Lessee's equipment, and Lessor further agrees to give 4 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. Ouiet 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 t❑ 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, Lassca 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., a Texas Limited Partnership By Kumagai Investment Corpus Christi, a Texas Limited Partnership, General Partner By Kumagai Properties Corpus Christi, Inc., a Texas corporation, a general partner By: Takayuki Euruta, President THE CITY OF CORPUS CHRISTI By - (Name) (Title) 8 �JSM �� P I R � 1 anIcilb mm t { c) Pi! ,r- ,.,.. i IE1 ^ n co i d� r f Kt. z 1'm� utLI ? \� 4 I i b D y r1 b._ [ i _ -J J j ro FLOw IN NJ ;cq?yx3 '77E; D L 3 A z r. Fm 1E" TC! L=213E .1-1CP:EM=.^IT _E_ rvEN LE-ECPEL1N Er.^_'_'EE. LTD. A:3 LESSEE Tu£ Ci"_ CF 0_R1 ---'_1S CHRISTI. F._ LES30P. EQUIPMENT AND FREQUENCIES _esdec _ h3_1 )i..erctc L'�� t'qi s-.1'7ar= on t1e f'o11owina frC_'.lanci.ss: Transn._- 1 857.4:75 DL =ecelver 1 811.4375 101,8 Tr_ ns:mi _ 85 .4375 P.e._eiver 3 31'3.4775 111-, Tra.lsm_r - 358.4375 Nrh _elver 7 813.4375 Mb: Trar,cn'.a 4 859.4377 Mh- P.eceiver 4 314.4375 Mhz Transmit 5 869.4375 Mhz Pe==1v5: 5 .15.4575 M417. Transnut E 856.9375 Mhz Receiver 5_311.9375 Mh- Transmit 7 857.9375 Mn - Receiver 7 812.9375 Mb - Transmit 8 858.9375 Mb: Receiver 8 813.9375 ?Il. Transmit .353.9375 M1.' P.eceiver 9 314.9375 Mh- Transmit 10 8617.9375 M1 Re... -2,317(=E 10 815 .9375 Mh- L_:::1EIT 'EN FADE 2 Ati ciit:cr.a] :Fs" ticii.An.t: 1,11_1-Cwave. Transmit -=-- _ Microw v. Eiecsive EXHIBIT "C" TO LEASE AGREEMENT BETWEEN SHORELINE VENTURE, LTD., AS LESSEE AND THE CITY OF CORPUS CHRISTI, AS LESSOR LEGAL DESCRIPTION Water Block Eight A (8A), Beach Portion of the City of Corpus Christi, Texas, according to the map or plat thereof recorded in Volume 50, Page 68 of the Map Records of Nueces County, Texas. D(3) 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 be 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 ;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. All 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 , 14-7 day of �';� , 19c i The above resolution was passed by the following vote: Betty N. Turner (4 37: Cezar Galindo Leo Guerrero (LlCtM Tom Hunt 4,72- j Edward A. Martin ( )(/2L' Joe McComb /ll Clif Moss (QC TC I Mary Rhodes 1ti3O/ Frank Schwing, Jr. (1`7 066