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
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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,
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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
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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
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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.