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HomeMy WebLinkAboutC2006-289 - 7/5/2006 - NA TOWER LEASE AGREEMENT Ihis Tower Lease Agreement ("Lease") is made and entered in to this ;2. q day of June, 2006, by and between South Texas Public Broadcasting System, hereinafter called Lessor and The City of Corpus Christi Solid Waste Services Department. hereinafter called Lessee. WHEREAS, Lessor is the o\\-ner and operator of one certain broadcast tower (the "Tower") and associated transmitter building ("the Building") located at North Latitude 27039' 12", West Longitude 970 33' 55" in Nueces County, Texas; and WHEREAS, Lessee desires to lease a location on the Tower; NOW, THEREFORE, Lessor and Lessee agree as follows: I Lessor hereby leases to Lessee the locations on the Tower more particularly described on attached Exhibit "A" ("Lessee's Tower Locations"), Lessee shall be permitted to place only the equipment described on Exhibit "A" on the Tower, at Lessee's Tower Locations unless Lessor agrees, in writing, to permit additional equipment to be placed at Lessee's Tower Locations, Prior to the installation or repair of any equipment or material on the Tower, Lessee shall obtain the approval of Lessor with respect to the materials to be used and the individual or contractor who will be doing the installation or repair work and shall obtain the approval of a time schedule. Such individual or contractor shall have insurance reasonably required by Lessor. Lessor agrees to lease to Lessee space within the building to house transmission equipment listed in Exhibit "B", Lessee's equipment mounted on the Tower, and in the Building, shall not be considered fixtures and may be removed by the Lessee within a reasonable time after termination of this lease .2 Lessee agrees to pay the Lessor rental for the use of Lessee's Tower Location and Building space the sum of $600 per month, in advance, on or before the tenth day of each month during the Initial Term (as defmed below) of this lease, and to perform items and services listed in Exhibit "C". Rental shall begin on the date that the Tower crew commences installation of the equipment on the Tower. Payments for the first month and last month, if less than the entire calendar month, shall be prorated. During the initial term, and during any renewal terms, of the Lease, the rental shall be adjusted annually by the change in the Consumer Price Index from the Previous Year. Lessor and Lessee agree that the transmission frequency to be used by Lessee shall be 5.725-5.850GHZ. Lessor agrees that if the transmission 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 Lease interferes with the Lessee's emission or signal, 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 (this provision does not apply to any interference from Lessor's signal). The existence or nonexistence of interference with Lessee's emissions or signals shall be subject to the reasonable detennination of Lessee. 4. Lessee agrees that if Lessee' s equipment or emissions cause interference to any broadcast emissions or signal of Lessor, Lessee will take necessary action to eliminate such interference or, in the alternative, shall remove its equipment from the Tower, in which event Lessee shall have the right immediately to terminate this lease upon written notice to Lessor. The existence or nonexistence of interference by Lessee's equIpment or emissions with Lessor's emissions or signal shall be determined by Lessor. in its sole and absolute discretion, and such determination shall be final and binding on Lessee. " Lessee shall promptly comply with all federal, state and local legal and regulatory requirements, which apply to its transmission and use and occupancy of Lessee's Tower Location and Building space. Lessee is solely responsible for said compliance and for any fmes or penalties imposed on Lessee by federal. state, and local agencies h Lessee agrees promptly to obtain a written engineering report, from Structural Systems Technolol!v.Inc.. addressed 10 each of Lessor and Lessee stating that the structural integrity of the Tower 2006-289 07/05/06 South Texas Broadcasting System Page] of3 ~"""..,... -,~ with the mcreased load lmposed by Lessee's equipment and materials will be maintained and the Tower will be capable of supporting the increased load. If improvements are required to be made to the Tower to ensure such structural integrity, Lessee shall have the option (a) to make such improvements at its own expense through contractors and suppliers reasonably acceptable to Lessor; or (b) immediately to terminate thlS lease by notice to Lessor without any consideration whatsoever to Lessor. In no event shall Lessee install any of its equipment .jr materials on the Tower unless and until any improvements specified in the engineering report have been completed to the satisfaction of Lessor. Lessor agrees to mamtain and service the Tower in conformity with all federal, state and local legal and regulatory requirements including, without limitation, all maintenance and inspection of the Tower. Lessor shall not be liable to the Lessee for any loss or damage sustained to the transmitting antennas, transmitters, receivers or any other equipment of Lessee that may be on the property or connected to the Tower unless such damage is caused by Lessor's negligence. In no event shall Lessor be liable for any losses to Lessee in connection with any interruption in Lessee's ability to transmit or receive from the T ower regardless of the reason for the interruption. If Lessor is responsible for such interruption and if Lessor is unable to cure the mterruption within (30) thirty days after receipt of written notice from Lessee, Lessee's sole remedy shall be to terminate this lease immediately by written notice to Lessor. .~ The initial term nnitial Term") of this lease shall begin on the date of commencement of installation of Lessee's equipment on the Tower, which is the same date the rental obligation begins as set out in paragraph 2 hereof. The Initial Term of this lease shall be ten years from that date. Thereafter, Lessee shall have the option to renew this lease for an additional five-year period by giving written notice to Lessor of the intention to renew not less than 30 days prior to the end of the Initial Term. If Lessee has renewed for the five-year term, Lessee shall have a second option to renew the lease at the end of the first optional five-year renewal, by giving written notice to Lessor at least 30 days prior to the end of such first five-year five-year renewal term. During any renewal term, all of the terms and provisions set forth in this lease shall be applicable; provided, however, that the rent during any renewal term shall be adjusted by the amount of the change in the consumer price index between the date of commencement of the prior term and the date of the renewal term 9 At any time during the Initial Term or any renewal term of this lease, the Lessee may terminate the lease as follows: ! a) in the event Lessor breaches the Lease and fails to cure such breach within thirty (30) days of written notice from Lessee of such breach, Lessee may terminate the Lease on thirty (30) days written notice to Lessor; or, (b) for any reason (or no reason) on 180 days prior written notice to Lessor so long as Lessee is not 1ll default under the Lease; or. (c) in the event the FCC determines that this lease violates any law, regulation or rule, upon written nOHce from Lessee. (d) in the event the property is transferred, sold or reverts to other ownership during the "Initial Term" or in any subsequent renewal term, termination shall only be for cause without the mutual consent of all parties. to. At any time during the Initial Term or any renewal term of this lease, Lessor may terminate this Lease as follows: (a) in the event Lessee breaches the Lease and fails to end such breach within thirty (30) days of written notice from Lessor of such breach, Lessor may terminate the Lease on thirty (30) days written notice to Lessee; or, (b) for any reason (or no reason) on 180 days prior written notice to Lessee so long as Lessor is not then ill default under the Lease; or, Page 2 of3 ~._- L) in the event the FCC determines that this lease violates any law, regulation or rule, upon written notIce from Lessor d) in the event the property is transferred, sold or reverts to other ownership during the "Initial Term" or in any subsequent renewal term, termination shall only be for cause without the mutual consent of all parties. I I. Lessee shall bear all costs required to install and maintain Lessee's equipment. Lessee shall also be responsible for all costs incurred in removing Lessee's equipment when the lease is terminated, and shall not damage the Tower or the Building in connection with such removal. 12. Lessee and Lessor will notify each other promptly in writing of any legal action or claim arising in connection with tbls lease. I 3. Lessor makes no warranties or representations, express or implied, to Lessee, and Lessee accepts the Tower, the Tower Location, Building and grounds area, to the extent leased hereunder, in "AS IS. WHERE IS" condition. ! 4. Lessor and Lessee each retain certain rights as to the other, and waive other rights as to the other. If either, through negligence, causes damage to equipment, of the other, the party causing such loss shall be liable to the other for such monetary damages. However, neither party shall be liable to the other for loss of income or any other or consequential damages or punitive or exemplary damages. Either party having a right to recover monetary damages against the other under this shall also have the right to recover reasonable attorneys fees. I 5. Each part) agrees to indemnify, defend and hold the other party harmless, to the extent permitted by law. from and against any and all claims, damages or liability, including attorneys fees, from any claim of bodily injury or property damage made by any employee, contractor or invitee of such party, when such claim is made against the other party to this lease, whether such claim is based upon contributory or sole negligence of the party being indemnified. i 6. The provisions herein contained constitute the entire understanding between the Lessee and the Lessor with respect to the subject matter of this lease. No waiver, modification or addition to the terms of this lease shall be valid unless in writing and signed by the parties. No waiver by either party or the breach of any provision of this lease shall be deemed to be a waiver of any preceding or succeeding breach of the same of similar character. Either Lessor or Lessee shall have the right to assign its rights and obligations under this lease, upon thirty days notice to the other, but any assignment is subject to all the terms of this lease. SIgned this ) day of June, 2006 Lessor: SOUTH TEXAS PUBLIC BROADCASTING SYSTEM INC. By: )~ (-.- ~~LL/4~ Don Dunlap, President ~llYtd.~bm:~ 5/~1JltJ /'J~ ~f\i '. OciiInas A_t~. CIy Anomer Pet ~ ~ttofney Lessee: CITY OF CORPUS CHRISTI By~~:-..~>-~!-A...../~~ ""Ioq/~ Ronald F. Massey, Assistant City ~ger Page 3 01'3 .....,.. .c_ EXHIBIT"' A" Lessee's Tower Locations Proxim TsunamI GX200 ethernet Bridge and a McGabriel QF4-52-N-RK 4ft.MIW dish wiRadome at 140ft., fed with one LMR-400 transmission line. Proxim TsunamI GX200 ethernet Bridge and a McGabriel QF4-52-N-RK 4ft.MIW dish w/Radome at 150ft., fed with one LMR-400 transmission line. Three Terabeam Marquee Ethernet bridges with 12"x14"x 3.25" flat panel antennas, one each on Southeast, Northeast, and West legs at 60ft., fed with on Cat-5E cable. Three Terabeam Marquee Ethernet bridges with 12"x14"x 3.25" flat panel antennas, one each on Southeast, Northeast, and West legs at 50ft., fed with on Cat-5E cable. Three Terabeam Marquee Ethernet bridges with 12"x14"x 3.25" flat panel antennas, one each on Southeast, Northeast, and West legs at 40ft., fed with on Cat-5E cable. ......-- .. ,.... EXHIBIT "B" Buildim~ Equipment List Data communications equipment cabinet Transmitter & Receiver equipment associated to antennas listed in Exhibit "A" Wi-Fi transceiver Network Switch Uninterruptible Power Supply Access Control Panel for Motorized Gate System ~.,..- EXHIBIT "C" Exchan~e of Services lnstall & Maintain Automatic Motorized Gate at Private Entrance to the KEDT Transmitter Facility at its intersection with County Road 20. Replace & Maintain 6ft. security fencing at KEDT Transmitter facility. Ongoing maintenance of driveway surface into KEDT Transmitter Facility. Ongoing maintenance of grounds at the KEDT Transmitter Facility (Control grass & weeds). Access to the Clty WI-Fl network.