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HomeMy WebLinkAboutResolution - 2019-R0238 - CCATT LLC - 07/09/2019 Resolution No. 2019-R0238 Item No. 6.9 July 9,2019 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Lease Agreement by and between the City of Lubbock and Lubbock MPL Tower Holdings, LLC, a Delaware limited liability company, by and through CCATT LLC, a Delaware limited liability company, for the lease of property located at Pump Station No. 10 at the intersection of 82nd Street and Memphis Avenue, Lubbock, TX, and related documents. Said Lease Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on July 9- 2019 rIAM JEFF IFFIT , MAYOR P. O YEM ATTEST: Rebe ca Garza, City Secre i APPROVED AS TO CO ENT: Jesica WEachern, Assistant City Manager APPROVED AS TO FORM: elli Leisure, Assistant City Attorney ccdocs(RESIcasc Agrml-LCAT 6.3.19 Resolution No. 2019-R0238 STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § LEASE AGREEMENT THIS LEASE AGREEMENT(this"Lease"or this "Agreement") is entered into on the 9th day of July , 2019 by THE CITY OF LUBBOCK (referred to herein as "Lessor"), a Home Rule Municipality of Lubbock County,Texas, and LUBBOCK MPL TOWER HOLDINGS LLC, a Delaware limited liability company, by and through CCATT LLC, a Delaware limited liability company, its attorney in fact (referred to herein as"Lessee"). WITNESSETH: WHEREAS, Lessor owns, controls, and operates a parcel of land in the City of Lubbock, County of Lubbock, State of Texas, (hereinafter the portion of the Land subject to this Lease is referred to as the "Property'); and WHEREAS, Lessee desires to lease a portion of the Property for the purpose of providing telecommunication services. NOW THEREFORE, for and in consideration of the mutual promises, covenants, terms and conditions, both general and special, as hereinafter set forth, Lessor hereby grants to Lessee the exclusive rights and privileges hereinafter described and, Lessee agrees to accept the duties, responsibilities and obligations as hereinafter set forth. Site Name: MELONIE PARK Business Unit#: 857000 1 ARTICLE ONF LEASE OF DESCRIBED PREMISES: Lessor, upon mutual execution of this Lease, does lease and demise to Lessee, upon the terms and conditions contained herein, the following portion of Property (the "Leased Premises"): The Property is located at Pump Station No. 10 at the intersection of 82nd Street and Memphis Avenue, Lubbock, Texas. The Leased Premises being more particularly described and illustrated in Exhibit"A", which is attached hereto and made part hereof for all purposes. Lessor and Lessee are parties to that certain Lease Agreement dated July 13, 2009, by and between Lessor and Lessee's predecessor in interest, AT&T Mobility Texas, LLC (the "Original Lease"). Lessor and Lessee agree that upon the Effective Date of this Lease, the Original Lease is amended by deleting it in its entirety and restating the Original Lease as provided for in this Lease. ARTICLE TWO TERM;_ The term of this Lease shall be for ten (10) years and shall begin upon execution of this Lease. ARTICLF, THREE USE OF PROPERTY: The Lessee is granted for the stated term, and for no other purpose,the exclusive use of the Leased Premises specifically identified on Exhibit "A" as the "Proposed Leased Premises", outlined in red, and approximately 34 feet by 42 feet in size, with the area of approximately 1,414 square feet, for the purpose of installing, maintaining, repairing, replacing, removing, and operating a wireless communication facilities, including: utility lines, transmission lines, and Site Name: MELONIE PAR[{ Business Unit#: 857000 2 equipment shelter or cabinet, electronic equipment, radio transmitting, and receiving antennas and supporting structures in connection with the provision of telecommunications services(hereinafter collectively referred to as "Lessee's Facilities"). ARTICLE FOUR RENTALS AND PLACE OF PAYMENT: A. RENTAL 1. Monthly Rents Due: The Lessee shall pay to the Lessor as rental an annual license fee, initially in the amount of twenty-four thousand ($24,000.00), which amount will increase three percent (3%) annually throughout the term. If Lessee enters into any sublease or license with a Broadband Tenant(each a"Broadband Sublease"),Lessee shall pay to Lessor a monthly fee for such Broadband Sublease equal to One Thousand and No/100 Dollars per month ("Broadband Sublease Fee"). The first payment of the Broadband Sublease Fee shall be due on the first day of the month following the commencement date of the applicable Broadband Sublease, and each subsequent payment shall be due on the first day of each month thereafter. Thereafter, the Broadband Sublease Fee shall escalate increase three percent (3%) annually throughout the term of the Broadband Sublease. If any Broadband Sublease expires or terminates for any reason, Lessee shall no longer be obligated to pay a Broadband Sublease Fee for such Broadband Sublease. Notwithstanding anything in this paragraph to the contrary, Lessor shall not be entitled to a Broadband Sublease Fee for the anchor tenant, AT&T, or any successors and/or assignees of such anchor tenant. As used herein, "Broadband Tenant" shall mean any subtenant which is a Commercial Mobile Radio Service ("CMRS") provider (as defined in 47 C.F.R. §20.3) engaged primarily in the business of providing wireless telephony services to its customers. Site Name: MELONIE PARK Business Unit#: 857000 3 • a) Within fourteen (14) days of executing a new sublease regarding the Leased Premises subject to this agreement, Lessee shall notify Lessor of the new sublease. • b) If Lessor is not notified in accordance with this agreement and Lessor becomes aware of new sublease tenants, Lessee, upon notice from Lessor, shall immediately forward a copy of the new sublease, all past-due fees due for new sublease tenant occupation, and an additional twenty percent (20%) fee for the total of all total past-due fees. 2. Fees for Amendment: Submittals for the proposed amendments once a lease has been established will be one thousand dollars ($1,000.00) due upon submission of any and all amendments to the current,agreed Lease. All wireless equipment upgrade submittals will require a fee of seven hundred and fifty dollars ($750.00) due up submission of all the paperwork, plans, and specifications for the proposed improvements. If the upgrades require an amendment in addition to the equipment upgrades, then a fee of one thousand dollars ($1,000.00) will be collected upon submission. B. PAYMENT All payments that become due and payable by the Lessee under this Agreement shall be mailed to the Lessor at the following: Office of the Managing Director Engineering, P.O. Box 2000 Lubbock, Texas 79457 For any late payment, Lessee shall pay Lessor a late payment charge of ten percent (10%) of the total amount of rental payable. Site Name: MELONIE PARK Business Unit#: 857000 4 ARTICLE FIVE OBLIGATIONS OF THE CITY: A. CLEAR TITLE The Lessor covenants and agrees that upon execution of this Lease, Lessor is owner ofthe Leased Property and has good title, free and clear of all liens and encumbrances having priority over this Lease, and that the Lessor has full right and authority to lease the Property described in this Agreement. B. CONDITIONS AND MAINTENANCE OF LEASED PREMISES The Lessor shall assume responsibility for the condition of the Leased Premises and shall assume responsibility for maintenance, upkeep, or repairs necessary to keep the Leased Premises in a safe and serviceable condition. ARTICLE SIX OBLIGATION OF LESSEE: A. LESSEE'S AUTHORITY Lessee warrants that it has frill authority to enter into and perform this Lease. B. NET LEASE This Lease shall be without cost to the Lessor for the installation,maintenance and removal of Lessee's Facilities. It shall be the sole responsibility of the Lessee to keep, maintain, repair,and operate the Lessee's equipment, and all improvements and Facilities placed on the Leased Premises be at Lessee's sole cost and expense. C. MAINTENANCE Tile Lessee shall, at its own expense, provide maintenance for all the Lessee's Facilities. Site Name: MELONIE PARK Business Unit#: 857000 5 D. PROPERTY PERMANENTLY AFFIXED TO PROPERTY Any property belonging to Lessee which becomes permanently attached to the Leased Premises shall become the property of the Lessor upon termination of this Lease, whether upon expiration of the initial term, any extension thereof, or earlier under any provision of this Lease. Title to Lessee's Facilities shall remain with Lessee as same shall not be deemed fixtures but rather personal property of Lessee. To the fullest extent permitted by law, Lessor does hereby waive any and all liens and security interest, in and to Lessee's Facilities whether arising under statute, common law, contract or otherwise, located in, upon or about the Property. Lessee or the holders of purchase money security interests in and to Lessee's Facilities shall be granted access to the Property for removal at any time during the term or subsequent to the expiration of this Lease Agreement for the removal of same without the need to recourse to legal proceedings. E. UTILITIES Lessee shall draw electricity by sub-teeter and other utilities from the existing utilities on the Property or obtain,at its sole cost and expense,separate utility service from any utility company that will provide service to the Property. Any easement necessary for such power or otherutilities will be at a location acceptable to City and the servicing utility company. Lessee shall have the right to install an ernergency gasoline, butane, diesel or other fuel-powered generator(s) on the Property, at Lessee's sole costs and expense, and Lessee covenants that such installation and use shall be in compliance with any applicable federal, state or local environmental, health, fire, community awareness, safety laws, or other applicable laws or regulations, now or hereafter enacted or promulgated by any governmental authority or court ruling having jurisdiction over the Property, including, without limitation, any applicable guidelines promulgated by the Environmental Protection Agency. Lessee agrees that it will reimburse Lessor for any increase in Site Name: MELONIE PARK Business Unit#: 857000 Lessor's insurance premiums directly attributable to any such installation or use by Lessee. The Lessee shall assume and pay for all costs or charges for metered utility services provided to Lessee during the initial term hereof, and any subsequent extension. Following the initial installation of the Lessee's Facilities, Lessee agrees not to install any equipment on the Property or change the frequency, power, or type of its existing equipment on the Property without first submitting to Lessor a written proposal regarding the proposed configuration and obtaining the written consent of Lessor,which consent shall not be unreasonably withheld, delayed, or conditioned if: (i) the proposed installation or changed, altered, or improved frequency,power, or type of equipment is a use that does not requite additional Property space beyond the existing Property space or impose any increased stresses or loads on the Property in excess of applicable engineering standards; (ii) said installation or changed, altered, or improved frequency, power, or type of equipment is authorized bylaw and is to be made or installed in accordance with good engineering practices;or (iii) the proposed configuration does not interfere with the transmitters, receivers and equipment of other subtenants or licensees existing on the Property or on the Property at the date when Lessor receives the aforementioned written proposal. F. CONSTRUCTION PROPERTY No construction pertaining to the Lessee's Facilities shall commence until Lessee has submitted its construction and installation plans and list of contractors and subcontractors to Lessor in writing. Such plans and list have been approved in writing by Lessor, such approval not to be unreasonably withheld, conditioned or delayed. Lessee shall not alter any plans so approved Site Name: MELONIE PARK Business Unit#: 857000 7 I--- ,1-1 without following the same procedures. Lessee shall be responsible for grounding all external and internal wiring and cabling installed by Lessee. Lessee shall obtain Lessor's prior written approval of such grounding plans. In the event any such plans are not approved or rejected within thirty (30) days of submittal, same shall be deemed approved. Lessee must give 48 hours' notice before their requested date to be on the property for maintenance or construction activities unless an emergency occurs. All work shall be between the hours of 8:00 a.rn. to 5:00 P.M. unless it is an emergency, and the Lessor has been notified, and has approved the exception. At all times during the term of this agreement, Lessee's and its subtenants right of access to the Leased Premises, is subordinate to that of Lessors, but at no time shall Lessor unreasonably withhold said right of access. G. PERFORMANCE TESTS Lessee agrees that if Lessee's Facilities cause any measurable adverse interference with the operations of existing wireless communications users at the Property whose use predated the Original Lease, Lessee shall cause the elimination of such interference in a prompt and timely manner. If such measurable adverse interference by Lessee's Facilities with existing communications equipment which predated the Original Lease cannot be eliminated within reasonable length of time, but not to exceed forty-eight (48) hours after notice, Lessee shall cause the interference to cease except for brief tests necessary for the elimination of the interference. Lessor shall not knowingly permit the installation or operation of other improvements, inclusive of telecommunications equipment upon the Property which interferes with the operation and use of Lessee's Facilities. Lessor shall cause any agreement for future use of the Property by subsequent users to contain interference language substantially similar to that contained in this Section G. Lessee,Lessee's employees,agents and subcontractors are hereby granted the right of Ingress and egress to and from, on or across the Property twenty-four (24) hours a day, seven (7) days a Site Name: MELONIE PARK Business Unit#: 857000 8 week, at no charge, to obtain entry into the Property for the purpose of constructing, installing, operating,maintaining and repairing those parts of the Lessee's Facilities as are ground-based. Such access shall be as shown on Exhibit A. Lessee shall not, without at least twenty-four (24) hours prior notice to Lessor, perform, or arrange to be performed, normally scheduled installation, maintenance or repair of the Lessee's Facilities on the Tower. In the event of emergency, where Lessee cannot reasonably comply with the foregoing access notification procedures, Lessee shall have the right to access the Leased Premises as is reasonably necessary, and Lessee shall, within twenty-four (24) hours following actual notice of emergency access, inform Lessor of(i) the date and time of emergency and (ii)the nature of the event requiring emergency access. H. CODE COMPLIANCE Lessee agrees that all of Lessee's Facilities constructed pursuant to the terms of this Lease shall be designed, constructed, and maintained in compliance with the Buildings and Buildings Regulations and Zoning ordinances of the City of Lubbock,Texas. If requested by Lessee, Lessor, in its proprietary capacity as the Property owner, will reasonably cooperate in executing, at Lessee's sole cost and expense, all documents required by any governmental authority in connection with any development of, or construction on, the Leased Premises, including docurnents necessary to petition the appropriate public bodies for certificates, permits, licenses and other approvals reasonably necessary to utilize the Leased Premises for the purpose of constructing, maintaining and operating communications facilities, including without limitation,tower structures, antenna support structures,cabinets, meter boards, buildings, antennas, cables, equipment and uses incidental thereto. Lessor agrees to be named applicant in its proprietary capacity as the Property owner if requested by Lessee. Lessor shall be entitled to no further consideration with respect to any of the foregoing matters. I. REPAIRS Site Name: MELONIE PARI{ Business Unit#: 857000 9 Lessee shall perform all repairs necessary or appropriate to keep Lessee's Facilities on or about the Property or located on any appurtenant rights-of-way, or in access to the Property in a good and tenantable condition. Damage resulting from the acts or omissions of Lessee shall be repaired by Lessee, at Lessee's cost and expense unless otherwise provided herein. J. GOVERNMENTAL REGULATION Lessee shall be responsible for compliance with all marking and lighting requirements of the Federal Aviation Administration ("FAA") and the Federal Communications Commission ("FCC"), and Lessee shall pay for the reasonable costs and expenses therefor (including for any lighting automated alarm system). K. LIGHTING If lighting requirements apply, and a lighting automatic system has been installed by Lessor, Lessor shall allow Lessee to bridge-in to the system to permit a parallel alarm or to install a second alarm if a bridge would interfere with City's alarm. Notwithstanding anything to the contrary in this paragraph,the responsibility for compliance with FAA and FCC requirements shall remain with Lessee as provided. L. SURRENDER AND REMOVAL OF LESSEE'S FACILITIES At the expiration or termination of this Lease for any reason, Lessee shall remove the Lessee's Facilities, restore the Property to substantially the sarne condition existing on the Commencement Date, except for ordinary wear and tear, and surrender to City the Property. Lessee's Facilities left on the Property after sixty (60) days from the expiration or termination of the Lease shall be deemed abandoned and shall be subject to disconnection, removal and disposal by Lessor. In such event, and upon written demand therefore, Lessee shall pay to Lessor the disconnection, removal and storage expenses incurred by or on behalf of Lessor. If the Lessee's Site Name: MELONIE PARK Business Unit#: 857000 10 authority,to ensure the safe and orderly conduct of Lessor's and Lessee's operations on the Leased Premises. O. PROHIBITION OF SUBLEASES AND ASSIGNMENTS Except as to parent, subsidiary or any affiliate, the Lessee will not assign, sublet, sell, hypothecate, or otherwise transfer this lease, or any portion of the Leased Premises without the prior written consent of Lessor's Managing Director Engineering, such consent not to be unreasonably withheld, delayed, or conditioned. P. INDEMNIFICATION AND INSURANCE LESSEE SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF LESSEE, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. TO THE EXTENT PERMITTED BY LAW, LESSOR SHALL INDEMNIFY AND SAVE HARMLESS LESSEE AND ITS OFFICERS,AGENTS,AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,ALL EXPENSES OF LITIGATION,COURT COSTS,AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF Site Name:MELONIE PARI{ Business Unit#: 857000 12 1--� 1 LESSOR, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. The Lessee shall maintain insurance at all times that this Lease is in effect, at Lessee's sole expense and with an underwriter authorized to do business in the State of Texas and acceptable to the City, against claims of general liability, automobile liability and worker's compensation resulting from Lessee's business activities on the Premises. General Liability: Lessee's insurance shall contain broad form contractual liability with a combined single limit of a minimum of $500,000 each occurrence and in the aggregate and shall include the following: • Bodily Injury and Property Damage • Broad Form Contractual Liability • Personal Injury and Advertising Injury • Fire Legal Liability • Products and completed operations Business Automobile Liabilitv: Lessee's insurance shall contain a combined single limit of at least$500,000 per occurrence for Bodily Injury and Property Damage any and all vehicles owned, used or hired. Workers' Compensation and Employers Liability Insurance: Lessee shall obtain workers' compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Lessee shall maintain said coverage throughout the term of this Lease and shall comply with all provision of Title 5 of the Texas Labor Code to ensure that the Lessee's Contractor and Lessee maintains said coverage. Any termination of workers' compensation Site Name: MELONIE PARK Business Unit#: 857000 13 insurance coverage by Lessee or any cancellation or non-renewal of workers' compensation insurance coverage for Lessee shall be a material breach of this contract. The contractor may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the Lessee's policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. Employer's Liability with limits of at least $500,000 each accident, $500,000 by disease policy limit, and $500,000 by disease each employee shall also be obtained and maintained throughout the term of this Lease. Other Insurance Requirements: Lessee agrees to waive its right of recovery against City of Lubbock for all claims and suits against City of Lubbock, which are or may be covered by the above-described insurance coverages. In addition, its insurers, through policy endorsement, waive their right of subrogation against City of Lubbock for all claims and suits. The certificate of insurance must reflect waiver of subrogation endorsement. Lessee further waives its right of recovery, and its insurers also waive their right of subrogation against City of Lubbock for loss of its owned or leased property or property under its care, custody, or control. Lessee's insurance policies through policy endorsement must include wording, which states that the policy shall be primary and non-contributory with respect to any insurance carried by City of Lubbock. The certificate of insurance described below must reflect that the above wording is included in evidenced policies. All policies required above (excluding Workers' Compensation) shall include a severability of interest endorsement and shall name the City of Lubbock as an additional insured with respect to work performed under this Lease. Severability of interest naming City of Lubbock as an additional insured shall be indicated on the certificate of insurance described below. Site Name: MELONIE PARK Business Unit 11: 857000 14 \1__� 1�1. Lessee shall provide a Certificate of Insurance to the City of Lubbock as evidence of the required insurance coverage. The policies will provide for 30 days' notice of cancellation for any reason other than non-payment of premium, in which event a ten-day notice shall apply. A copy of the required endorsements and waivers of subrogation shall be included in the certificate. ARTICLE SEVEN TERMINATION. CANCELLATION: A. TERMINATION This Lease shall terminate at the end of the full term hereof, and Lessee shall have no further right or interest in any of the Property, Leased Premises,or improvements hereby demised. B. CANCELLATION Either party shall be in default under this Lease if the party fails to perform any material duty or obligations under this Lease and does not cure or remedy such failure to perform within thirty(30) days after receipt of written notice with respect thereto, provided, however,that if such failure to perform shall necessitate longer to cure than thirty(30) days, then such cure period shall be extended for such time as is reasonably necessary to cure such failure to perform, but only so long as such efforts to cure are commenced within fifteen (15) days after receipt of written notice from the other party and thereafter proceed diligently and in good faith. Notwithstanding the foregoing, in no event shall the time within which a party may cure a failure in the payment of money exceed a single, ten (10) day period, without extension. Upon the occurrence of a default,the non-defaulting party may pursue any and all remedies available under applicable law and any one or more of the following remedies, separately or concurrently or in any combination, without further notice or demand whatsoever: Site Name: MELONIE PARK Business Unit#: 857000 15 (i) Termination of this Lease by giving the defaulting party written notice of such termination in accordance with this section, in which event this Lease shall be terminated at the time designated in the notice; or (ii) The recovery from the defaulting party of all costs and expenses incurred by the non-defaulting party in enforcing its rights and remedies under this Lease, including reasonable attorneys' fees and expenses. No termination hereof shall release Lessee frorn any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or such later date when the improvements placed on the Leased Premises by Lessee are removed and said Property is restored to its original condition as hereinabove required. It is agreed that failure to declare this Lease terminated upon default for any of the reasons set forth above shall not be construed as a waiver of any of the Lessor's rights hereunder or otherwise bar or preclude Lessor from declaring this Lease cancelled as a result of any subsequent violation of any of the terms or conditions of this Lease. Lessee shall have the right, within one hundred twenty (120) days from full execution of this Lease Agreement,to terminate this Lease Agreement upon thirty(30)days prior written notice to Lessor, in the event Lessee is not satisfied with the results of title, environmental,technological or engineering testing or if all required governmental approvals are not obtained within such time period. Lessee shall have the right to terminate this Lease Agreement at any time upon one(1) year prior written notice to City without further obligation hereunder. Lessor may terminate this Lease at any time for convenience upon six (6) months written notice to Lessee. Site Name: MELONIE PARK Business Unit#: 857000 I H. LESSOR'S OPERATIONS Lessee does hereby represent, covenant, and warrant that Lessee, while enjoying the use of Leased Premises, shall not materially interfere with any ongoing operations, maintenance, or construction on or within the pump station property, within which the Leased Premises is located. Any unauthorized use or interference with the Lessor's property or operations shall be strictly prohibited and cause for termination of this Lease in accordance with Article Seven of this agreement. H. GOVERNANCE This Lease shall be construed under and governed by and in accordance with the laws of the State of Texas. I. DISPUTES The Lessor reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation,the right to seek any and all forms of relief in a court of competent jurisdiction.Further,the Lessor shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive,and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. Site Name: MELONIE PARK Business Unit#: 857000 t9 EXECUTED this 9th day of 201 . THE CITY OF LUBBOCK: LESSEE: BY: LUBBOCK MPL TOWER JEF limits RIFFITH, MAYOR PRO TEM HOLDINGS LLC, a Delaware limited liability company By: CCATT LLC, a Delaware ATTEST: limited liability company Its: Attorney in Fact By: Reb cca Garza, City Secret ry Name: Melanie Webb (Senior 1ransaUL1011 Mdjrnger APPROVED AS TO CONTENT: Title: Michael G. Keenum P.E., CFM, City Engineer/Director of Engineering ohn Turpin P.E. tstant City Engineer Capital Pro' and Design APPROVED AS TO FORM: 4 AellriLeisuAre, AssiLstant City Attorney Site Name: MELONIE PARK Business Unit#: 857000 20 .ham Exhibit A Leased Premises 00o - $t�I�r 3 YX\Vl N3 H, N Cd 0 cd •l- I N (V � CV CV N N N w If•'i {L 1� CO G� v'S+N O b 4= - � : a Q � 00 b Np O 0 v ,w. II: i vI "i,v uxoHx� I• ilk <a •! � � LL, � 0 lo� U EEHEM IAVSIHJW3W TI Site Name:Is ELONIE PARK Business Unit#:857000 21