HomeMy WebLinkAboutC2016-592 - 12/20/2016 - Approved ANTENNA SPACE LEASE AGREEMENT
This Lease Agreement (the "Lease") is made and entered into effective as of the
first (1st) day of November 2016 by and between ONE SHORELINE PLAZA, LLC, a
Delaware limited liability company having its principal office at 800 N. Shoreline Blvd.,
Suite 1950, 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 (the "Building"),
as shown on Exhibit "A", which is attached hereto and incorporated herein by this
reference (the "Roof Space") and an exclusive lease to an equipment room (the
"Equipment Room") described on Exhibit "D" attached hereto and incorporated herein
by this reference, which Lease shall include the right to place transmitters, receivers and
antennas, along with other necessary ancillary equipment, as described on Exhibit "B",
which is attached hereto and incorporated herein by this reference, on the Roof Space
for purposes of operating a radio transmission system for police, fire, ambulance and
other public operations for itself and other authorized governmental agencies. Lessee
shall solely and continuously use the Roof Space for such purposes during the entire term
of this Lease. The exact location for the placement of the antennas, transmitters and
receivers is shown on Exhibit"A". The legal description for the land underlying the Building
is set forth in Exhibit "C" attached hereto and incorporated herein by this reference.
Lessee shall have the responsibility for all costs, fees and expenses associated with the
placement, installation, repair, maintenance and removal of its equipment on the Roof
Space, in the Equipment Room, or elsewhere, as shall have been agreed upon in
advance ad in writing by Lessor, in and around the Building (other than tenant spaces)
and/or its common areas.
2. Term. The term of this Lease shall be for Ten (10) years (the "Original
Term") beginning on the 1st day of March 2016 (the "Commencement Date") and, unless
sooner terminated pursuant to this Lease, continue for a period of ten (10) years plus the
period, if any, between the Commencement Date, if it falls on a day other than the first day of
the month, and the first day of the first full calendar month in the Original Term.
2A. Options to Extend. Lessee shall have the option to extend the term of this
Lease for five (5) options (each, an "Option," and collectively, the "Options") of two (2)
years each (individually, the"First Option Term,"the "Second Option Term,"the"Third
Option Term," the "Fourth Option Term," and the "Fifth Option Term," and collectively
referred to as the "Option Terms"), subject to the following terms and conditions: (a) in
order to exercise an Option, Lessee (through its City Manager) must give written notice
(the "Exercise Notice") of such election to Lessor no later than one hundred and twenty
(120) days prior to the expiration of the Original Term the First Option Term, the Second
Option Term, the Third Option Term or the Fourth Option Term, as applicable. If timely
notification of exercise of an Option is not given, then such Option (and any remaining
unexercised Option(s)) shall automatically expire and be rendered void and of no further
2016-592
12/20/16
M2016-164
One Shoreline Plaza LLC
INDEXED
force or effect; (b) no default by Lessee under this Lease, beyond any applicable notice
and cure period, shall have occurred and be continuing on the date Lessor receives an
Exercise Notice; (c) except for the provisions hereof granting the Options and except for
the amount of Rental payable during the Option Terms, all of the terms and conditions of
this Lease shall apply during the Option Terms; (d) except for the Options, Lessee shall
have no further right or option to extend the term of this Lease; (e) a later Option cannot
be exercised unless an earlier Option has been timely exercised; (f) the amount of Rental
payable during each of the Option Terms shall be as set forth in Section 3 hereof.
3. Rent. Lessee agrees to pay Lessor, in advance and without prior notice,
demand, deduction or offset, at Lessor's place of business on or before the first day of
each and every month of the term of the Lease, as may be extended, a monthly rental
(the "Rental") rate fee as set forth below:
Base rental fee will be $515.00 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 $685.00
per month per antenna and antenna mount. The base rooftop microwave dish antenna
rental fee will be $1,715.00 per month for each six (6) foot diameter microwave dish and
$2,060.00 per month for each eight (8) foot diameter microwave dish.
The current installation will consist of the following items resulting in the
following monthly rental fee:
10—800 MHz. cabinets or repeaters consisting of a transmitter and receiver
X $515.00 per cabinet per month:
$5,150.00/month
2 - Microwave cabinets consisting of a transmitter, receiver and ancillary
multiplex equipment X $515.00 per cabinet per month:
$1,030.00/month
2- Cabinets consisting of two - 5 channel transmitter combiners and one -
16 channel receiver multicoupler X $515.00 per cabinet per month:
$1,030.00/month
3 - Antennas consisting of two antennas for the transmit system and one
antenna for the receive system X $685.00 per two-way antenna per month:
$2,055 00/month
1 -Six foot diameter microwave dish antenna at$1,715.00 per dish antenna
per month:
$1,715/month
1 Eight foot diameter microwave dish antenna at $2,060.00 per dish
per month
$2,060.00/month
TOTAL INITIAL INSTALLATION
MONTHLY RENTAL FEE $13,040.00/month
Lessee will, in writing, notify Lessor of any new equipment that will
be installed by Lessee on the Roof Space or in the Equipment Room. With such written
notification, Lessee will inform Lessor when the new equipment will be installed, its
calculation of the increased monthly rental fee and the date such increased monthly rental
fee will take effect. Lessor, its agents and representatives will, upon no less than one (1)
business day prior notice to Lessee, have the right to audit the equipment. In the event
Lessor disagrees with Lessee's calculation of the increased monthly rental fee, it shall
notify Lessee of same and Lessor's calculation thereof; provided, however, pending
resolution of any dispute between Lessor and Lessee concerning such increased monthly
rental fee, Lessee shall be required to pay the higher amount until such dispute is resolved
and any overpayment or underpayment resulting from such resolution shall be reconciled
by Lessor and Lessee within ten (10) business days after the date of such resolution.
At Lessee's sole cost and expense, a watt-hour meter will be installed to the
primary power input to the Equipment Room. Power consumption will be read on a
monthly basis and Lessor will, as additional rent, invoice Lessee (separately from any
other rooftop or antenna lease fee rates)for the power consumed; each such invoice shall
be paid by Lessee without deduction or offset within ten (10) days after Lessees receipt
of each such invoice. Lessee's obligation to pay each such invoice by Lessee is in
addition to its obligation to pay monthly rental fees. Lessor shall not permit subsequent
lessees to attach any equipment on the load side of Lessee's watt-hour meter. Except to
the extent caused by the gross negligence or willful misconduct of Lessor, no interruption
in the power provided hereunder shall render Lessor liable in any respect for damages to
either person or property nor relieve Lessee from fulfillment of any covenant or agreement
in this Lease. If any of Lessee's equipment fails because of a loss of electrical power,
Lessee shall have no claim for damages on account of any interruption in electrical
service occasioned thereby or resulting therefrom. Notwithstanding the foregoing, Lessor
shall have the right to shut down electrical service to the Building (including to Lessee's
equipment) in connection with any repair, upgrade or maintenance operation conducted
for the Building without liability to Lessee for damages provided that Lessor shall, except
in the event of an emergency, give Lessee five (5) days' written notice and further
provided that any such shut down, to the extent feasible, will be performed outside of
normal Building business hours. Lessor shall have no responsibility to provide emergency
or "backup" power to Lessee, it being understood and agreed that the provision of any
emergency or"backup" power shall be the sole responsibility of Lessee.
Lessee hereby acknowledges that late payment by Lessee of Rental will cause
Lessor to incur costs not contemplated by this Lease, the exact amount of which will be
extremely difficult to ascertain. Late payments will be subject to the Texas Prompt
Payment Act
3A. Rental Adjustment. The monthly rental fee from the anniversary date of this
Lease to December 31st of such calendar year shall be as set forth in Section 3 of this
Lease. Effective on the first (1st) day of January of the calendar year immediately
following the anniversary year of the execution of this Lease and each January first (1St)
of each year during the term of this Lease, as may be extended, the monthly rental fee
shall be increased, on a compounded and cumulative basis, by three percent (3%) per
annum .
4 Security Deposit. The sum of Five Thousand and no/100 Dollars
($5,000.00) previously deposited by Lessee with Lessor as a security deposit shall be
retained by Lessor upon execution of this Lease 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 after receipt of written demand by Lessor. No part of
the security deposit shall be considered to be held in trust, to bear interest or to be
prepayment for any monies to be paid by Lessee under this Lease.. Further, Lessor shall
not be required to keep the security deposit separate from its general accounts.
5. Number of Antenna Structures. Lessor grants permission to Lessee to
install and operate on the Roof Space the antenna structures listed on Exhibit"B". Lessee
is responsible for providing all equipment and modification of the equipment to be placed
upon the Roof Space that is necessary to its operation. Lessor is only responsible to
provide the Roof Space and one (1) equipment room as depicted on Exhibit "D". Lessee
is expressly and solely responsible for all costs, fees and expenses relating to any
modification (including electrical), installation, or maintenance of the Roof Space and
Equipment Room related to this Lease. Lessee shall, at its sole cost and expense, install
and maintain all air conditioning and heating equipment required by it in the Equipment
Room. All manner and type of installations shall first be approved in writing by Lessor.
As an inducement by Lessee to Lessor, it is expressly understood by Lessee and Lessor
that the Roof Space and the Equipment Room is leased to Lessee under this Lease in
their current"AS IS"and "WHERE IS"condition 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 of the
Building in a manner such that their placement will not materially interfere with the
operation and performance of the Lessee's e. Lessee, however, will not unreasonably
withhold concurrence of antenna system placement upon the Roof Space.
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 of the Building.
7. Attachments to Roof by Lessee. Lessee shall, at its sole cost and expense,
maintain any equipment on/in or attached to the Roof Space in a safe condition and in
good order, repair and condition, and in a manner suitable to Lessor so as not to conflict
with the use of the roof of the Building by Lessor, or by any other company using the roof
of the Building and so as not to interfere with the working use of facilities currently thereon
or may hereafter 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 first approve in writing. Further, Lessee
covenants that it shall coordinate the color of all exterior equipment with the Lessor, which
shall be subject to Lessor's prior written approval.
8. Interference. Lessor agrees to, in all future leases of the roof of the Building
similar to this Lease, require other lessees to perform intermod studies to determine if
there will be any material interference with Lessee's use of the Roof Space, and if any
such study determined that potential for such material interference exists, Lessor will
require the subsequent lessee(s) to provide adequate protection against such material
interference.
Lessee agrees to install equipment of types and frequencies which will not cause
interference to Lessor or other lessees or Lessor's property, antenna site and/or
equipment room. In the event Lessee's equipment causes such interference through
improper functioning of equipment or any other cause within the reasonable control of
Lessee, 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, including, if necessary, ceasing operation of such
equipment until it can be made to function properly and not cause any such interference.
Further, Lessee agrees, upon report of interference to other equipment located within the
Building or upon the exterior of the Building, to verity 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.
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 Building. 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) -110dBc 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 "0", attached hereto, is the Antenna Site Technical Standards.
9. Access. Lessor agrees that Lessee shall have access to the Roof Space
and/or equipment located thereon for the sole and limited purpose of installing,
maintaining, operating and removal of Lessee's equipment, and Lessor further agrees to
grant Lessee ingress and egress to the Roof Space during normal business hours of the
Building during the Original Term and any extensions thereof. Lessee shall further have
emergency access to the Roof Space at all times, provided, however, oral notification is
first given to Lessor or any security personnel of the Building.All access to the Roof Space
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 Space.
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, including 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. Maintenance and Operating of Roof. Lessor reserves to itself, its
successors, and assigns, the right to maintain the roof of the Building, including the Roof
Space, and to operate its facilities in such manner as will best enable it to fulfill its own
services to lessees of the Building.
12. 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 term 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 and related
cabling and wiring within fifteen (15) days thereafter and Lessee shall repair any and all
damage caused by said removal (within fifteen (15)days of such expiration or termination.
Any of Lessee's property remaining on the Roof Space 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 actual
cost of removal to Lessee plus fifteen percent (15%) for Lessor's overhead costs to do
such work. Lessee's obligations under this Section 12 shall survive the expiration or
earlier termination of this Lease.
13. 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 at 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
Equipment Room 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 therein and upon the Roof Space without liability or 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 Lessor 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.
14. 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, including its monetary obligations, Lessor may, after written notice and
ten (10) 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 Space and the Equipment Room or terminate the Lease and accelerate the balance
of payment due under this Lease for the then remaining balance of the term of this Lease.
In the event that Lessor is required to act on behalf of Lessee in event of default, Lessee
shall remain responsible for all costs, fees and expenses to cure said default. Lessee
shall be obligated to pay all costs, fees and expenses incurred by Lessor as a result of
Lessee's default, including the cost of removing equipment, restoring the Roof Space and
the Equipment Room to its prior condition, costs of collection, and reasonable attorney's
fees for enforcing the Lessor's rights under this Lease. In addition, Lessor shall have the
right to pursue all other remedies available to Lessor under applicable law by reason of
Lessee's default under this Lease.
15. 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, via overnight mail or by personal delivery, 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: One Shoreline Plaza, LLC
800 N. Shoreline Boulevard
Suite 1950 South
Corpus Christi, Texas 78401
LESSEE: City of Corpus Christi
321 John Sartain
Corpus Christi, Texas 78401
Attention: Chief of Police
16. Quiet Enjoyment. Lessor covenants and agrees with Lessee that upon
Lessee paying the Rentals and observing and performing all of the terms, covenants and
conditions on Lessee's part to be observed and performed under this Lease, Lessee may
peacefully and quietly enjoy the non-exclusive use of the Roof Space for the use permitted
herein and the use of the Equipment Room, subject nevertheless to the terms and
conditions of this Lease.
17. Entire Agreement, Severability. This Lease, inclusive of the exhibits,
embodies the entire agreement between the parties concerning the subject matter hereof.
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.
18. 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 (but this
reference to assigns shall not be deemed to act as a consent to an assignment of this
Lease by Lessee).
19. 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.
20. Casualty Loss. In the event the roof of the Building is damaged or destroyed
by fire, earthquake, hurricane, rain, wind or other casualty, then, to the extent of, and
conditioned upon the receipt of, insurance proceeds that Lessor actually receives, Lessor
shall use commercially reasonable efforts to restore the roof of the Building; however, in
the event Lessor is unable to restore the roof of the Building within six (6) months after
the damage is sustained, then Lessor or Lessee shall have the option to terminate this
Lease by giving the other party written notice of termination. Rentals shall proportionately
abate during the period that Lessee is unable to use the Roof Space for the purposes
described and permitted in this Lease.
21. 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, Lessor and Lessee hereby
agree that Lessee may, upon no less than ten (10) business days' prior written notice to
Lessor, elect to terminate this Lease, provided, however,. as consideration for such early
termination, Lessee shall, concurrently with its election to terminate this Lease hereunder,
pay to Lessor as liquidated damages, one (1)year's Rental as is then currently due under
this Lease. The parties hereto expressly agree and acknowledge that Lessor's actual
damages in the event of such termination by Lessee would be extremely difficult or
impracticable to ascertain and that the above-stated amount of the represents the parties'
reasonable estimate of such damages. The payment of such amount as liquidated
damages is not intended as a forfeiture or penalty. Lessee's obligations hereunder shall
survive the termination of this Lease.
22. Care of Premises. Lessee agrees to pay Lessor, in addition to all other
amounts payable by Lessee under this Lease, the cost of repair or damage caused to the
Building and its common areas or any contents therein during the installation,
maintenance, 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.
Lessee's obligations under this Section 22 shall survive the expiration or earlier
termination of this Lease.
23. Transfers by Lessor. Lessor shall have the right to transfer and assign, in
whole or in part, all its rights and obligations hereunder and in the Building, in such event
and upon such transfer, Lessor shall be released from any further obligations under this
Lease, and Lessee agrees to look solely to such successor in interest of Lessor for the
performance of such obligations.
24. Transfers by Lessee. Lessee shall not transfer, convey, mortgage, pledge,
hypothecate, or encumber Lessee's interest under this Lease or grant any license,
concession, or other right to occupancy of any portion of the Roof Space or the Equipment
Room without the prior written consent of Lessor, which may be granted or withheld in
Lessor's sole discretion. The prohibitions specified in this Section 24 shall be in addition
to, and independent of, any other provisions of this Lease and shall be construed to
include, without limitation, any such prohibited transfers occurring by operation of law.
Any attempt by Lessee to accomplish a transfer prohibited by the provisions of this Lease,
without having obtained the prior written consent of Lessor thereto, shall be void and of
no force or effect and may, at the option of Lessor, constitute a material default hereunder.
25. Environmental. Lessee will be responsible for all obligations of compliance
with any and all environmental and industrial hygiene laws, including any regulations,
guidelines, standards, or policies of any governmental authorities regulating or imposing
standards of liability or standards of conduct with regard to any environmental or industrial
hygiene conditions or concerns as may now or at any time hereafter be in effect, to the
extent resulting from Lessee's activities now conducted upon the Roof Space and the
Equipment Room.
26. Subordination. This Lease and any extension or renewal hereof are
expressly made subject and subordinate to any mortgage, deed of trust, ground lease,
underlying lease or like encumbrance affecting any part of the Building or any interest of
Licensor therein which is now existing or hereafter executed or recorded, any present or
future modification, amendment or supplement to any of the foregoing, and to any
advances made there under(any of the foregoing being a "Superior Interest") without the
necessity of any further documentation evidencing such subordination; provided,
however, that the holder of any such Superior Interest shall agree not to disturb Lessee's
rights under this Lease upon foreclosure or other transfer of interest. Subject to the
foregoing, Lessee shall, upon Lessor's request, execute and deliver to Lessor a document
evidencing the subordination of this Lease to a particular Superior Interest. If the interest
of Lessor in the Building is transferred to any person ("Purchaser") pursuant to or in lieu
of proceedings for enforcement of any encumbrance, Lessee shall, at the Purchaser's
election, attorn to the Purchaser and this Lease shall continue in full force and effect as
a direct agreement between the Purchaser and Lessee on the terms and conditions set
forth herein.
27. Limitation of Liability. Lessee shall neither assert nor seek to enforce any
claim for breach of this Lease, or otherwise, against any of Lessor's assets or against the
assets of Lessor's members or managers, other than the equity interest of Lessor in the
Building, and Lessee agrees to look solely to such interest for the satisfaction of any
liability of Lessor under this Lease, it being specifically agreed that in no event shall
Lessor, any affiliate of Lessor or any member or manager (which terms shall include,
without limitation, any of the officers, trustees, partners, beneficiaries, joint ventures,
members, managers, or other principals or representatives thereof, disclosed or
undisclosed) ever be personally liable for any such liability.
28. Damages. Notwithstanding anything to the contrary contained in this
Lease, in no event shall Lessor be liable to Lessee for any special, incidental,
consequential or punitive damages, all such damages being hereby fully waived by
Lessee.
29. Condemnation. If the whole or substantially the whole of the Building or
should be taken for any public or quasi-public use, by right of eminent domain or otherwise
or should be sold in lieu of condemnation, then this Lease shall terminate as of the date
when physical possession of the Building is taken by the condemning authority. If less
than the whole or substantially the whole of the Building are thus taken or sold, Lessor
(whether or not the Roof Space is affected thereby) may terminate this Lease by giving
written notice thereof to Lessee; in which event this Lease shall terminate as of the date
when physical possession of such portion of the Building are taken by the condemning
authority. All amounts awarded upon a taking of any part or all of the Building shall belong
to Lessor and Lessee shall not be entitled to and expressly waives all claims to any such
compensation.
30. No Implied Waiver. Failure of a party to insist at any time on strict
performance of any of the conditions, covenants, terms or provisions of this Lease or to
exercise any option, right, power or remedy contained herein shall not be construed as a
waiver or a relinquishment thereof for the future. No payment by Lessee or receipt by
Lessor of a lesser amount than the monthly rental fee due under this Lease shall be
deemed to be other than on account of the earliest monthly rental fee due hereunder, nor
shall any endorsement or statement on any check or any letter accompanying any check
or payment as monthly rental fee be deemed an accord and satisfaction, and Lessor may
accept such check or payment without prejudice to Lessor's right to recover the balance
of such monthly rental fee or pursue any other remedy available to Lessor under this
Lease and applicable law.
31. Governing Law. This Lease and the rights and obligations of the parties
hereto shall be interpreted, construed, and enforced in accordance with the internal laws
of the State of Texas.
32. Disclosure Of Interests. In compliance with Section 2-349 of the Corpus
Christi Code of Ordinances, Lessor shall complete the City's Disclosure of Interests form,
which is attached to this Lease as Exhibit E, the contents of which, as a completed form,
are incorporated into this Lease by reference as if fully set out in this Lease.
(For corporate businesses whose shares are publicly traded and listed on recognized
national or regional stock exchanges or over-the-counter markets, it shall be sufficient if
a current Securities and Exchange Commission Form 10-K is filed in lieu of the City's
Disclosure of Interests form.)
33. Certificate of Interested Parties. Lessor agrees to comply with Texas
Government Code section 2252.908 and complete Form 1295 Certificate of Interested
Parties as part of this Lease. Form 1295 requires disclosure of "interested parties" with
respect to entities that enter contracts with cities. These interested parties include: (a)
persons with a "controlling interest" in the entity, which includes: (i) an ownership interest
or participating interest in a business entity by virtue of units, percentage, shares, stock
or otherwise that exceeds ten percent (10%); (ii) membership on the board of directors or
other governing body of a business entity of which the board or other governing body is
composed of not more than ten (10) members; or (iii) service as an officer of a business
entity that has four (4) or fewer officers, or service as one of the four (4) officers most
highly compensated by a business entity that has more than four officers; and (b) a
person who actively participates in facilitating a contract or negotiating the terms of a
contract with a governmental entity or state agency, including a broker, intermediary,
adviser or attorney for the business entity.
Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf info_form1295.htm. The form must then be
printed, signed, notarized and filed with the City. (For more information, please review
the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html.)
34. Conflict of Interest. Lessor agrees to comply with Chapter 176 of the Texas
Local Government Code and file Form CIQ with the City Secretary's Office, if required.
(For more information and to determine if you need to file a Form CIQ, please review the
information on the City Secretary's website at http://www.cctexas.com/qovernment/citv-
secretary/conflict-disclosure/index.)
35. Estoppel. Each party to this Lease shall, upon twenty(20)days' prior notice
from the other party issued not more than two (2) times in any period of twelve (12)
consecutive months, execute, acknowledge, and deliver to the requesting party a
statement in writing (a) certifying that this Lease is unmodified and in full force and effect
(or, if modified, stating the nature of such modification and certifying that this Lease, as
so modified, is in full force and effect) and the date to which the Rental and other fees
and charges are paid, if any, and (b) acknowledging that there are not, to the certifying
party's knowledge without any obligation to investigate, any uncured defaults on the part
of the requesting party, or specifying such defaults if any are claimed.
IN WITNESS WHEREOF, the parties have executed this agreement on the date
and year first above written.
LESSOR: LESSEE:
ONE SHORELINE PLAZA, LLC, THE CITY OF CORPUS CHRISTI
a Delaware Imited liability company
By: By: jitivait c-A
Margie C. Rose
Nam '
erl a '' 4-- City Manager
Title: I / ATTEST:
Re ecca Huerta
City Secretary
-736/ 1
Date
APPROVED AS TO LEGAL FORM:
ktNt( (2-1`1,1
Buck Brice (Date)
Assistant City Attorney
For City Attorney
111121 1 A ►nun;"
Sy COUNCIL_ ... ..�.
SECRpTARV
exhibit i
r....,....„.......__.........,_.
1
s
w,.....ww...Aa..1.
i iqUNp
Nwyt�re
c*Kibit ]I
Par 2
J
•
•
D 1 �.
.00...11..
EXHIBIT "B"
TO
LEASE AGREMENT
BETWEEN SHORELINE VENTURE, LTD., AS LESSEE
AND THE CITY OF CORPUS CHRISTI, AS LESSOR
EQAUIPMENT AND FREQUENCIES
Lessee shall operate 15 transceivers on the following frequencies:
Transmit 1 811.4375 Mhz
Receiver 1 856.4375 Mhz
Transmit 2 811.9375 Mhz
Receiver 2 856.9375 Mhz
Transmit 3 812.4375 Mhz
Receiver 3 857.4375 Mhz
Transmit 4 812.9375 Mhz
Receiver 4 857.9375 Mhz
Transmit 5 813.4375 Mhz
Receiver 5 858.4375 Mhz
Transmit 6 813.9375 Mhz
Receiver 6 858.9375 Mhz
Transmit 7 814.4375 Mhz
Receiver 7 859.4375 Mhz
Transmit 8 814.9375 Mhz
Receiver 8 859.9375 Mhz
Transmit 9 809.1125 Mhz
Receiver 9 854.1125 Mhz
EXHIBIT "B"
PAGE 2
Transmit 10 809.3875 Mhz
Receiver 10 854.3875 Mhz
Transmit 11 809.9625 Mhz
Receiver 11 854.9625 Mhz
Transmit 12 810.2125 Mhz
Receiver 12 855.2125 Mhz
Transmit 13 810.4625 Mhz
Receiver 13 855.4625 Mhz
Transmit 14 813.7625 Mhz
Receiver 14 858.7625 Mhz
Transmit 15 814.7625 Mhz
Receiver 15 859.7625 Mhz
Additional equipment:
From Shoreline to Violet
Microwave Transmit 2426
Microwave Receive 2474
From Shoreline to PD
Microwave Transmit 2421.0
Microwave Receive 2462.5
EXHIBIT "C"
TO
LEASE AGREEMENT
BETWEEN ONE SHORELINE PLAZA, LLC, AS LESSOR
AND THE CITY OF CORPUS CHRISTI, AS LESSEE
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.
"EXHIBIT "0"
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.
"EXHIBIT "D"
PAGE 2
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 site coordinator if requested.
•
_ 7019'DIVISION
aF EXHIBIT E
Uhrisit
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
Corpus:Christi Code2-349,as amended, requires ail persons or firms seeking to do business
with the City to provid
e the foil' ng,informapor►. Every question. must be answered. If the
question isnot applicable,answer with' NA'. See next page for Filing Requirements,Certification
and Definitions. r
COMPANY NAME: } CJS„Sk ti rQ_P[aZA, tL
STREET ADDRESS:$t' hJ S it/4.7)116J• —1450S P.O.BOX: `�"
CITY:& t S Choi S i STATE: 71C ZiP: 7g3' T
FIRM IS: 1. Corporation 0 2. Partnership 0 3. Soto Owner
4. Asioctation 0 5. Other ri rf'ni u l I Co w`[f66rn
if additional space Is necessary,please use the reverse side of this page or attach separate sheet
1.State thenames at each'employee'of the City of Corpus Christi having an"ownership interest'
constituting 3%or mors of the ownership in the above named`arm!
Name X1,4 Job Title and City Department(if Known)
2. State the names of each "official' of the City of Corpus Christi having an `ownership interest"
constituting 3%or more of the ownership in the above named'firm.'
Name 4 Title
3. State the names of each'board member"of the City of Corpus Christi having an"ownership interest'
constituting 3%or more of the ownership in the above named'firm.'
Name Board,Commission or Committee
4. State the names of each employes or officer of a'consultant'for the City of Corpus Christi who
worked,.on any matter related to the subject of this contract and has an 'ownership interest"
constituting 3%or more of the owrnership In the above named*firm.
Name ./V14
Consultant
FILING REQUIREMENTS
If a:person who_'requests official acct on a matter knows that the requested,action will confer an
economic bene on any City official or employee that,*distinguishable:from the effect thatthe
action wig have on mtembera.of the pubiic in general or a substantial segment thereof,you shall
disclose hatfact in a signed writing to the City official,employee or body that has been requested
to act in the matter,unless the interest of the City official or employee in the matter Is apparent.
The.disclosure lshall also be made in a signed Writing filed with the City Secretary. [Ethic
Ordinanda Section 2449(dl•
CERTIFICATION
I certify-that alt information provided is true and correct as of the date of this statement,that I
have not knowingly Withheld'disclosure of any information requested, and that supplemental
statements *ill be promptly submitted the City of Corpus Christi,Texas,as changes occur.
Certifying,Person; Lex t e.(Z47 s `title: d(' ,; a 't 1
Signature, 9 Date:
Certifying Person: !, /09/a 1p
bEFINmONS
a.: 'Board member' A member ofany board,commission,or committee of the city,including the board
of any Corporation created by the city.
b: "Economic benefit'. An action that is likely to affect an economic interest If it is likely to have an effect
on thatinterest that is distinguishable from'Its effect on members of the public in general ors substantiai
segment
O.T,'Employee"` Any person employed by the city,whether under civil service or not,including part-time
empiayeea and emplo reel of any coloration created by the dty
d. 'Firm:• Any entity operated for economic gain,whether'professional,industrial or commercial,and
whether establishedto produce or with a product or-service,Including,but not limited to,entities
operated in the form`r of sole proprietorship,as self-employed person; partnership,corporation,joint
stock company,joint venture,receivership or trust,and entitles which for purposes of taxation are
treated as none-profit organizations.
e. 'Of coal'The°Mayor,members of the City Council,City Manager,Deputy City Manager,Assistant City
Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,
Texas.
f. 'Ownership Interest.' Legal or equitable interest,whether actually or constructively held, in a firm,
including when such interest is held through an agent,trust,estate,or holding entity, 'Constructively
,held'refers°to holdings or control established through voting trusts,proxies,or special terms of venture
or partnership agreements:
pl Consultant"Any person or firm,such as engineers and architects,hired by the City of Corpus Christi
for the purpose of professional consultation and recommendation.
'CtirriitiOATE OF INTEREsTeD PARTIES FORM 1295.
1ot1
Cbin to e i s d end S ifthere are interested patties. OFFICE USE;ONLY
Cotriplitte Nes 12, ,&and s if �patties.a are no lCEHIIFICATION OF:FILING
s '14tenetif businessentityfiling Wim,and the city,stateand country of the business entity's place Certificate Number
One Shoreline Plaza,LW X016-X31756
CoMits Odialit 15(United.States Date Flied:
I )1run of gev mirentelent%or slate agency that is a party to the contract for which the tarn is 11102/2016
eyaf .
Ciy� usChristi bate_ .,� . _.gad;
II/ ' 2011 _
Prooridelhe ident#ieetie i noteiter used by the(10V41011114$1111 entity'or state agency to track or identify the contract, . provide*
description ofth.serola ,goads,.oro property to be provided under the contract.
PPilO07t6
rooftop for antenna.equipment
4 Nature of interest
Name of Interested Party City,State,Country(place-of business) (check applicable)
Controlling ,intermediary
Ttab Laurtt Corpus Christi,TX United States X
mesh LLC Corpus Christi,TX United States X
,
5 Check onlyff thereis NO interested Party. rn
0 Aff0)AV ii I swear,or affirm,under penalty of perjury,thatthe above disebase is true and`correct
fE CRlsiA TERES
�` t of Texas
anmtasi r, ae
J.1!zat1/4...41,414642
..,(4...,„„. August)3,2016
•+++++""•"!" 'sr•■•�•
Signature ofauthorized agent of contracting business entity
AFFIX NCITARY STAMP ISM ABOVE ,{A�- -#1 licks
Sworn to and subscribed before me,by the saidtQJXQ.s ' • ,t l'"�""'~' ,this the. 1.141 day et, y „1 ti
lter
20 1 .0. "4 tc Certify(which,Witness myhand and seal of ofice.
if
),ie gi ( ( t,(( ) x ..(‘. itte rP t.Q. 1'"ea / Lfr
Signature;of officer administering oath Printed name of officer adrrinistedng:oath Tide of officer administering peril
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277