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Master Lease Agreement - Southwestco Wireless, Inc./Verizon_Small Cell Copyrighted March 19, 2018 City of Dubuque Action Items # 3. ITEM TITLE: Master Lease Agreement-Southwestco Wireless, Inc. D/B/A Verizon Wireless SUMMARY: City Manager recommending approval of a Master Lease Agreement with Southwestco Wireless, Inc. d/b/a Verizon Wireless to deploy"small cell" infrastructure in Dubuque in the future. Greater Dubuque Development Corporation Sustainable Innovations Consultant David Lyons will provide a PowerPoint presentation. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File, listen to presentation; Approve ATTACHMENTS: Description Type Southwestco Wireless Master Lease Agreement-NNM City Manager Memo Memo Master Lease Agreement Between the City of Dubuque and Southwestco Wireless, Inc. memo to the City Staff Memo Manager Verizon Master Lease Agreement Supporting Documentation Verizon Master Lease Agreement Insurance Schedule Supporting Documentation A Cell Siting Act- State Statute Supporting Documentation Powerpoint Presentation Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Proposed Master Lease Agreement Between the City of Dubuque and Southwestco Wireless, Inc. d/b/a Verizon Wireless DATE: March 14, 2018 Information Services Manager Chris Kohlmann, Traffic Engineer David Ness and Sustainable Innovations Consultant David Lyons recommend City Council approval of a Master Lease Agreement with Southwestco Wireless, Inc. d/b/a Verizon Wireless to deploy "small cell" infrastructure in Dubuque in the future. This infrastructure will use small wireless communication devices to enhance capacity in Dubuque to handle the increasing number of users and mobile devices. These devices will be linked by fiber to existing towers and transmission facilities. The Master Lease Agreement does not actually "lease" any specific property. The Master Lease Agreement only provides the process for the carrier and City to collaborate on the placement of the small cells, when appropriate, on City poles. Any lease of specific property pursuant to this Master Lease Agreement will require a public hearing and future council approval. The Master Lease Agreement is non-exclusive, and the City would receive $150 annually per pole. The Master Lease Agreement also gives the City access to Verizon poles for the co-location of City equipment. I concur with the recommendation and respectfully request Mayor and City Council approval. �� Mic ael C. Van Milligen �� MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Chris Kohlmann, Information Services Manager David Ness, Traffic Engineer David Lyons, Sustainable Innovations Consultant 2 Dubuque THE CITY OF � DT T� � All-AmericaCitV U 1IIIII Masterpiece on the Mississippi 200].0%2.2013.201] TO: Michael C. Van Milligen, City Manager FROM: Chris Kohlmann, Information Services Manager David Ness, Traffic Engineer David Lyons, Sustainable Innovations Consultant - GDDC SUBJECT: Proposed Master Lease Agreement Between the City of Dubuque and Southwestco Wireless, Inc. D/B/A Verizon Wireless DATE: March 13, 2018 INTRODUCTION According to Pew Research Center on Internet and technology February 8, 2018, data volume and dependence on mobile devices for communications and information continues to rise exponentially. From retail to banking, consumers preference for mobile as the "channel of choice" is clear. As a small metropolitan area, Dubuque faces significant challenges to continue to grow its economy and its community. People want to live where there is world class technology and connectivity. Companies and families won't move to or stay in communities where there isn't such technology and connectivity. The perception of Dubuque is that technological access and connectivity is limited and that where it is available - the speed, cost and choice are not competitive with leading communities across the region and the world. While that perception is presently centered on data/broadband issues, with Dubuque kick-starting successful efforts to move forward, the conversation spreads to mobile connectivity as part of the overall technological access and connectivity conversation as well. From specific safety concerns by the City—for Fire and EMS mobile devices experiencing signal loss in route to a call—to area concerns by neighborhoods for unreliable service during portions of the day, to specific concerns by business regarding additional investments they are being required to make to keep their customers' mobile phones connected, there is evidence of a growing wireless saturation problem in Dubuque. BACKGROUND In digging deeper into this issue, it appears to have much in common with the broadband discussion. The community is served primarily by long-term incumbent carriers with the need for investment to accelerate to meet consumer demand. At the same time the new players in the mobile market have not expressed any significant interest in investing in communities like Dubuque (where market opportunity is considered relatively small and barriers to entry such as entrenched competition, administrative process and topography are considered relatively large.) DISCUSSION Upon analysis, the near-term answer for Dubuque lies in creating momentum for incumbent carriers to upgrade their existing infrastructures to recognize: (1) the growth of users in the Dubuque market; (2) the growth of devices in the Dubuque market; and (3) the new patterns of utilization within the community. The longer-term answer lies in public/private collaborations with both existing and new carriers to bring down the costs of introducing additional capacity and innovation to the Dubuque market (like broadband planning.) We have been successful in engaging the largest incumbent, Verizon Wireless, and developing a strategy for improving mobile capacity. The first step is to improve the existing tower and antenna infrastructure they use within the community. Council approved one expansion in January and a second expansion is under negotiation. The second step was to accelerate the deployment of new "small cell" technology capable of better serving Dubuque's growing needs. ACTION REQUESTED Attached is a proposed Master Lease Agreement for Verizon to deploy "small cell" infrastructure in Dubuque in the future. This infrastructure will use small wireless communication devices to enhance capacity in Dubuque to handle the increasing number of users and mobile devices. These devices will be linked by fiber to existing towers and transmission facilities. From assuring signal strength for emergency vehicle runs to improving reception strength in high population/traffic areas to handling the needs of large public gatherings that occur more and more often in Dubuque, this increase in capacity will be important for our future growth and safety. The Master Lease Agreement does not actually "lease" any specific property. The Master Lease Agreement only provides the process for the carrier and City to collaborate on the placement of the small cells, when appropriate, on City poles. Any lease of specific property pursuant to this Master Lease Agreement will require a public hearing and future council approval. The Master Lease Agreement is non-exclusive, 2 and the City would receive $150 annually per pole. The Master Lease Agreement also gives the City access to Verizon poles for the co-location of City equipment. We would respectfully request your approval and would ask that you forward this information to the Dubuque City Council and recommend their approval. CC: Crenna Brumwell, City Attorney Barry Lindahl, Senior Counsel Jane Smith, EAII Engineering 3 SITE NAME: SITE NUMBER: ATN/DATE MASTER LEASE AGREEMENT This Master Lease Agreement(the "AgreemenY') made this_day of 20_, between the City of Dubuque, lowa, with its principal offices located at 50 West 13`h Street, Dubuque, lowa 52001, hereinafter designated LESSOR, and Southwestco Wireless, Inc. d/b/a Verizon Wireless, with its principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920(telephone number 866-862-4404), hereinafter designated LESSEE. LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party." RECITALS WHEREAS, LESSOR is the owner of, or holds a leasehold or other possessory interest in, certain properties, utility poles and/or facilities, which are located within the geographic area of a license held by LESSEE to provide wireless services issued by the Federal Communications Commission (the "FCC License"); and WHEREAS, LESSEE desires to install, maintain and operate "small wireless facilities," as that term is defined in Chapter 8C of the lowa Code, as amended (the "lowa Cell Siting AcY'), and related communications equipment on certain of LESSOR's properties, utility poles and/or facilities; and WHEREAS, LESSOR and LESSEE desire to enter into this Agreement to define the general terms and conditions which would govern their relationship with respect to particular sites at which LESSOR may wish to permit LESSEE to install, maintain, and operate small wireless facilities and related communications equipment; and WHEREAS, LESSOR and LESSEE acknowledge that they will enter into a lease supplement ("SupplemenY'), in substantially the form attached hereto as Exhibit A, with respect to each particular location or site on which the LESSOR agrees to allow LESSEE to install, maintain, and operate small wireless facilities and related communications equipment; and WHEREAS, LESSOR and LESSEE desire to improve and expand communications coverage and services in the City of Dubuque, lowa; and WHEREAS, the Parties acknowledge that different related entities may operate or conduct the business of LESSEE in different geographic areas, and as a result, each Supplement may be signed by LESSEE's affiliated entities as further described herein, as appropriate based upon the entity holding the FCC License in the subject geographic location. NOW THEREFORE, in consideration of the mutual covenants contained herein, and intending to be legally bound hereby, the Parties agree as follows: 1. PREMISES. Pursuant to all of the terms and conditions of this Agreement and the applicable Supplement, and subject to LESSEE's compliance with any permitting requirements imposed pursuant to the lowa Cell Siting Act, LESSOR agrees to lease to LESSEE certain space as available and described in the applicable Supplement upon LESSOR's utility poles (the "Poles") and/or surrounding real and/or personal property (LESSOR's Poles, personal property and surrounding real property are hereinafter sometimes collectively referred to as the "Property"), for the installation, operation and maintenance of small wireless facilities and related communications equipment; together with the non- CORE/07 621 8 6 299 8/1 3 4 63 1 7 29.8 exclusive right of ingress and egress from a public right-of-way, seven (7) days a week, twenty four (24) hours a day, over, under and through the Property to and from the Premises (as hereinafter defined) for the purpose of installation, operation and maintenance of LESSEE's small wireless facilities and related communications equipment, subject to compliance with applicable Laws (as defined in Paragraph 22 below). The space leased by LESSOR to LESSEE described in the applicable Supplement is hereinafter collectively referred to as the "Premises". The Premises may include, without limitation, certain space on the ground (the "Equipment Space") on the Property, and space on the Pole sufficient for the installation, operation and maintenance of antennas and other equipment (the "Antenna Space") as described in the Supplement. Notwithstanding anything in any Supplement to the contrary, the Premises under each Supplement shall include such additional space necessary for the installation, operation and maintenance of wires, cables, conduits, and pipes (the "Cabling Space") running between and among the various portions of the Premises and to all necessary electrical and telephone utility, cable, and fiber sources located within the Property. If there are not sufficient electric and telephone utility,cable, or fiber sources located on the Property, LESSOR agrees to grant LESSEE, or the local utility, or fiber or cable provider, the right to install any utilities, cable, and fiber on, through, over, and under the Property necessary for LESSEE to operate its communications facility, provided the location of those utilities, cable, and fiber shall be as reasonably designated by LESSOR and provided further that there is sufficient available space in the Premises as determined by LESSOR in its sole discretion, reasonably applied. LESSOR shall determine whether the Premises sought by LESSEE is Property of the LESSOR, and shall timely notify LESSEE if a survey to establish the limits of the Premises is required. If such a survey is required, LESSEE may provide the survey at its own cost or may have LESSOR provide the survey and reimburse LESSOR for the costs thereof. 2. CONDITION OF PROPERTY. LESSOR shall deliver the Premises to LESSEE in a condition ready for LESSEE's construction of its improvements and clean and free of debris. LESSOR represents and warrants to LESSEE that as of the Effective Date of each Supplement, and continuing throughout the Term (as hereinafter defined) of each Supplement: (a) the Poles are in good condition and structurally sound; (b) the Property is in compliance with all Laws, including any applicable building codes, regulations, or ordinances that may exist with regard to the Poles, or any part thereof; and (c) LESSOR will assist LESSEE's investigation of the Property to determine whether or not lead-based paint, asbestos, or other hazardous substances (as that term may be defined under any applicable federal, state or local law) are present on the Premises. If a breach of the representations and warranties contained in this Paragraph 2 is discovered at any time during the Term of a particular Supplement, LESSOR shall, promptly after receipt of written notice from LESSEE setting forth a description of the breach, rectify the non-compliance at LESSOR's expense or provide LESSEE with a reasonably suitable alternative site. 3. TERM; RENTAL. (a) This Agreement shall be for a term of twenty (20) years commencing upon the execution hereof by both Parties. Each Supplement shall be effective as of the date of execution by both Parties (the "Effective Date"), provided however, the initial term of each Supplement shall be for ten (10) years and shall commence on the first day of the month following the day that LESSEE commences installation of its equipment on the Premises (the "Commencement Date"), at which time lease payments shall commence and be due at a total annual rental of $150.00 per Pole, to be paid annually on the Commencement Date and on or before each anniversary of the Commencement Date, in advance,to the payee designated by LESSOR in the Supplement, or to such other person,firm or place 2 City of Dubuque,IA- Small Cell MLA(GL #457545) CORE/07 621 8 6 299 8/1 3 4 63 1 7 29.8 as LESSOR may, from time to time, designate in writing at least ninety (90) days in advance of any lease payment date by notice given in accordance with Paragraph 17 below. LESSEE shall notify LESSOR prior to beginning an installation by calling, or emailing, the City's Public Works Department at: (563) 589- 4250 (phone) or publicworks@cityofdubuque.org (email) at least 24 hours prior to commencing installation, and LESSOR and LESSEE agree that they shall acknowledge in writing the Commencement Date of each Supplement. LESSOR and LESSEE acknowledge and agree that the initial lease payment for each Supplement may not actually be sent by LESSEE until ninety (90) days after the written acknowledgement of the Commencement Date. (b) Upon agreement of the Parties, LESSEE may pay lease payments by electronic funds transfer and in that event, LESSOR agrees to provide to LESSEE bank routing information for that purpose upon request of LESSEE. (c) For any party to whom lease payments are to be made, LESSOR or any successor in interest of LESSOR hereby agrees to provide to LESSEE (i) a completed, current version of Internal Revenue Service Form W-9, or equivalent; (ii) complete and fully executed state and local withholding forms if required; and (iii) other documentation to verify LESSOR's or such other party's right to receive rental as is reasonably requested by LESSEE. Rental shall accrue in accordance with this Agreement, but LESSEE shall have no obligation to deliver lease payments until the requested documentation has been received by LESSEE. Upon receipt of the requested documentation, LESSEE shall deliver the accrued lease payments as directed by LESSOR. (d) LESSEE shall be responsible for payment of any permit application fees required by the LESSOR's code of ordinances, as amended, pursuant to Section 8C.7A.3(c)(1) of the lowa Cell Siting Act, as amended. 4. ELECTRICAL. (a) LESSOR shall, at all times during the Term of each Supplement, have the opportunity to provide electrical service and telephone service access within the Premises. In consideration for electrical service usage by LESSEE, charges for electrical service shall be paid by LESSEE in accordance with the terms of the applicable Supplement, which may include a specified charge payable to LESSOR under the Supplement in addition to the lease payments payable thereunder. If no electrical or telephone service is available at the Premises LESSEE will have the option to supply and install service at its expense after approval by the LESSOR and the utility provider. (b) LESSEE shall be permitted at any time during the Term (as defined herein) of each Supplement, to install, maintain, and/or provide access to and use of, as necessary (during any power interruption at the Premises), a temporary power source and a temporary installation of any other services and equipment required to keep LESSEE's communications facility operational, along with all related equipment and appurtenances within the Premises, or elsewhere on the Property in such locations as reasonably approved by LESSOR. LESSEE shall have the right to install conduits connecting the temporary power source, and the temporary installation of any other services and equipment required to keep LESSEE's communications facility operational, and related appurtenances to the Premises. All temporary installations must be removed within thirty (30) days of power resuming. 3 City of Dubuque,IA- Small Cell MLA(GL #457545) CORE/07 621 8 6 299 8/1 3 4 63 1 7 29.8 5. EXTENSIONS. Each Supplement shall automatically be extended for two (2) additional five (5) year terms unless LESSEE terminates the Supplement at the end of the then current term by giving LESSOR written notice of the intent to terminate at least three (3) months prior to the end of the then current term. The initial term and all extensions under a Supplement shall be collectively referred to herein as the "Term". Notwithstanding anything herein, after the expiration of this Agreement, its terms and conditions shall survive and govern with respect to any remaining Supplements in effect until their expiration or termination. 6. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. LESSEE shall have the right, without any increase in lease payments, to replace, repair, add or otherwise modify its utilities, fiber or cable, equipment, antennas and/or conduits or any portion thereof, and the frequencies over which the equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached to a Supplement, during the Term; provided, however, that any additions to the communication facility that would exceed the volumetric limitations for a small wireless facility as defined by Section 8C.2.10A of the lowa Cell Siting Act, as amended, must be reviewed and approved by LESSOR prior to installation. If a new permit or approval under the lowa Cell Siting Act is required for such additional equipment, additional lease payments may be required in a manner consistent with applicable Law. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon LESSEE obtaining after the execution date of each Supplement all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities, as well as a satisfactory Pole structural analysis that will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain the Governmental Approvals, and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. LESSEE shall have the right to terminate the applicable Supplement if: (i) any of the applications for Governmental Approvals is finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) LESSEE determines that the Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that the Premises is no longer technically compatible for its use; or (v) LESSEE, in its sole discretion, determines that the use of the Premises is obsolete or unnecessary. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in accordance with the notice provisions set forth in Paragraph 17 and shall be effective upon the mailing of that notice by LESSEE, or upon such later date as designated by LESSEE. All lease payments paid to the termination date shall be retained by LESSOR. Upon such termination, the applicable Supplement shall be of no further force or effect except to the extent of the representations, warranties, and indemnities made by each Party to the other thereunder. Otherwise, the LESSEE shall have no further obligations for lease payments to LESSOR for the terminated Supplement. If required by applicable Law, LESSEE shall register with lowa One Call by calling 1-800- 292-8989, with submission of documentation to LESSOR when received. LESSEE or its contractors shall be responsible for completing any Permit to Work in Right-of-Way applications and associated fees, as required by the LESSOR's code of ordinances,as may from time to time be amended. 7. INDEMNIFICATION. Subject to Paragraph 8 below, to the extent allowed by law, each Party shall defend, indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or 4 City of Dubuque,IA- Small Cell MLA(GL #457545) CORE/07 621 8 6 299 8/1 3 4 63 1 7 29.8 damages may be due to, or caused by, the negligence or willful misconduct of the indemnified Party, or its employees, contractors or agents. The indemnified Party will provide the indemnifying Party with prompt, written notice of any written claim covered by this indemnification; provided that any failure of the indemnified Party to provide any such notice, or to provide it promptly, shall not relieve the indemnifying Party from its indemnification obligations in respect of such claim,except to the extent the indemnifying Party can establish actual prejudice and direct damages as a result thereof. The indemnified Party will cooperate appropriately with the indemnifying Party in connection with the indemnifying Party's defense of such claim. The indemnifying Party shall defend any indemnified Party, at the indemnified Party's request, against any claim with counsel reasonably satisfactory to the indemnified Party. The indemnifying Party shall not settle or compromise any such claim or consent to the entry of any judgment without the prior written consent of each indemnified Party and without an unconditional release of all claims by each claimant or plaintiff in favor of each indemnified Party. 8. INSURANCE. LESSEE agrees at its own cost and expense to provide insurance as set forth in the attached Insurance Schedule A, as such Schedule may from time to time be amended by LESSEE and LESSOR. LESSEE acknowledges that LESSOR is a member of the lowa Communities Assurance Pool (ICAP) and LESSEE acknowledges that LESSOR's insurance coverage is subject to the terms of LESSOR'S ICAP Agreement. LESSEE agrees that its approval of any proposed amendment to the coverage limits in Insurance Schedule A will not be unreasonably withheld, conditioned, or delayed. LESSOR and LESSEE each agree that it will include the other Party as an additional insured as their interests may appear under this Agreement. 9. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs 7 and 20, or a violation of law, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service,even if advised of the possibility of such damages. 10. TERMINATION BY LESSEE. Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, LESSEE shall have the right to terminate each Supplement upon giving at least three (3) months prior written notice to LESSOR. 11. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of LESSOR or other tenants of the Property which existed on the Property prior to the date the applicable Supplement is executed by the Parties, or to any public safety communications equipment owned by the LESSOR. In the event any after-installed LESSEE's equipment causes such interference, and after LESSOR has notified LESSEE of such interference by a written communication and a call to LESSEE's Network Operations Center at ((800) 264-6620), LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LESSEE's option, powering down such interfering equipment and later powering up such interfering equipment for intermittent testing. If the interference continues for a period in excess of 48 hours following such notification, LESSOR shall have the right to require LESSEE to reduce power, and/or cease operations until such time LESSEE can affect repairs to the interfering equipment. LESSOR will not be entitled to terminate a Supplement under Paragraph 19 as long as LESSEE is making a good faith effort to remedy the interference issue, except in the case of an immediate threat to the public health, safety, 5 City of Dubuque,IA- Small Cell MLA(GL #457545) CORE/07 621 8 6 299 8/1 3 4 63 1 7 29.8 or welfare caused by interference with the LESSOR's public safety communications equipment. LESSOR agrees that LESSOR and/or any other users of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE. If LESSEE determines, in its reasonable discretion, that LESSOR'S equipment or any other user's equipment permitted by LESSOR is causing interference, LESSOR shall, upon written communication and a call from LESSEE to LESSOR's network management center, at (563) 589-4280, take all steps necessary to correct and eliminate the interference, including causing other users causing such interference to correct and eliminate the interference. If the interference continues for a period in excess of 48 hours following the notification, LESSOR shall, or shall require any other user to, reduce power and/or cease operations until such time as LESSOR, or the other user, can effect repairs to the interfering equipment. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance. 12. REMOVAL AT END OF TERM. LESSEE shall, within ninety (90) days after expiration of the Term, or any earlier termination of a Supplement, remove its equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable Laws. If the time for removal causes LESSEE to remain on the Premises after termination of the Supplement, LESSEE shall pay rent at the then-existing monthly rate, or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the antenna structure, fixtures and all personal property are com pleted. 13. INTENTIONALLY DELETED. 14. RIGHTS UPON SALE. If, at any time during the Term of any Supplement, LESSOR decides: (i) to sell or transfer all or any part of the Property or the Poles thereon to a purchaser other than LESSEE, or (ii) to grant to a third party by easement or other legal instrument an interest in that portion of the Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, that sale or grant of an easement or interest therein shall be subject to the Supplement, and any such purchaser or transferee must recognize LESSEE's rights hereunder and under the terms of the affected Supplement(s). If LESSOR completes any such sale, transfer, or grant described in this Paragraph without executing an assignment of the Supplement in which the third party agrees in writing to assume all obligations of LESSOR under the Supplement, then LESSOR shall not be released from its obligations to LESSEE under the Supplement, and LESSEE shall have the right to look to LESSOR and the third party for the full performance of the Supplement. 15. QUIET ENJOYMENT AND REPRESENTATIONS. LESSOR covenants that LESSEE, on paying the lease payments and performing the covenants herein and in a Supplement, shall peaceably and quietly have, hold and enjoy the Premises. LESSOR represents and warrants to LESSEE as of the execution date of each Supplement, and covenants during the Term, that LESSOR is seized of good and 6 City of Dubuque,IA- Small Cell MLA(GL #457545) CORE/07 621 8 6 299 8/1 3 4 63 1 7 29.8 sufficient title and interest to the Property, and has full authority to enter into and execute the Supplement. LESSOR further covenants during the Term that there are no liens, judgments or impediments of title on the Property, or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions that prevent or adversely affect the use or occupancy of the Premises by LESSEE as provided in this Agreement and in the applicable Supplement(s). 16. ASSIGNMENT. This Agreement and each Supplement under it may, with notice to LESSOR, be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal, or to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the FCC in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement and each Supplement may not be sold, assigned or transferred without the written consent of the LESSOR, which consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder. 17. NOTICES. All notices hereunder must be in writing and are validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or to any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: City of Dubuque, lowa Attention: City Manager 50 West 13`h Street Dubuque, lowa 52001 LESSEE: Southwestco Wireless, Inc. d/b/a Verizon Wireless Attention: Network Real Estate 180 Washington Valley Road Bedminster, New Jersey 07921 Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 18. RECORDING. If requested by LESSEE, LESSOR agrees to execute a Memorandum of each Supplement which LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the Term or lease payments. 19. DEFAULTANDREMEDIES. (a) If there is a breach by a Party with respect to any of the provisions of this Agreement, or under the provisions of an individual Supplement, the non-breaching Party shall give the breaching Party written notice of that breach. After receipt of the written notice, the breaching Party shall have thirty (30) days in which to cure the breach, provided the breaching Party shall have such extended period as 7 City of Dubuque,IA- Small Cell MLA(GL #457545) CORE/07 621 8 6 299 8/1 3 4 63 1 7 29.8 may be required beyond the thirty (30) days if the breaching Party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion, but in no event more than ninety (90) calendar days after receipt of written notice. The non-breaching Party may not maintain any action or effect any remedies for default against the breaching Party unless and until the breaching Party has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement, or under an individual Supplement if LESSOR fails, within fifteen (15) days after receipt of written notice of such breach, to perform an obligation required to be performed by LESSOR, and if the failure to perform that obligation interferes with LESSEE's ability to conduct its business in the Premises; provided, however, that if the nature of LESSOR's obligation is such that more than fifteen (15) after notice is reasonably required for its performance, then it shall not be a default under this Agreement or the applicable Supplement if performance is commenced within such fifteen (15) day period and thereafter diligently pursued to completion, but in no event more than thirty (30) calendar days after receipt of written notice. LESSOR and LESSEE agree that a default under an individual Supplement does not constitute a default under this Agreement. (b) In the event of a default by either Party with respect to a material provision of this Agreement, without limiting the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of that default, the non-defaulting Party may terminate the applicable Supplement and/or pursue any remedy now or hereafter available to the non-defaulting Party under the Laws or judicial decisions of the state in which the Premises are located. Further, upon a default, the non-defaulting Party may at its option (but without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting Party's behalf, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non-defaulting Party shall be due and payable by the defaulting Party upon invoice therefor; provided, however, as a condition precedent to the non-defaulting Party's ability to recover such costs, it must have provided the defaulting Party with three (3) days prior written notice of the intent to perform such duty or obligation on the defaulting Party's behalf, and the defaulting Party must have failed to cure such duty or obligation within said notice period. 20. ENVIRONMENTAL. LESSEE shall conduct its business in compliance with all applicable laws governing the protection of the environment or employee health and safety ("EH&S Laws'). LESSEE shall indemnify and hold harmless the LESSOR from claims to the extent resulting from LESSEE's violation of any applicable EH&S Laws or to the extent that LESSEE causes a release of any regulated substance to the environment. LESSOR shall indemnify and hold harmless LESSEE from all claims resulting from the violation of any applicable EH&S Laws or a release of any regulated substance to the environment except to the extent resulting from the activities of LESSEE. The Parties recognize that LESSEE is only leasing a small portion of space on LESSOR's Property and/or Poles, and that LESSEE shall not be responsible for any environmental condition or issue except to the extent resulting from LESSEE's specific activities and responsibilities. In the event that LESSEE encounters any hazardous substances that do not result from its activities, LESSEE may relocate its facilities to avoid such hazardous substances to a mutually agreeable location. 21. CASUALTYorEMERGENCY. (a) In the event of damage by fire or other casualty to the Pole or Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the Property is 8 City of Dubuque,IA- Small Cell MLA(GL #457545) CORE/07 621 8 6 299 8/1 3 4 63 1 7 29.8 damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE may, at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, relocate its facilities to a mutually agreeable location or terminate the Supplement upon fifteen (15) days prior written notice to LESSOR. Any such notice of termination shall cause the Supplement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of the Supplement and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under the Supplement. Notwithstanding the foregoing, the lease payments shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEE's use of the Premises is impaired. (b) Notwithstanding any provision of this Agreement otherwise, in the case of an emergency caused by interference, failure of traffic, signal or street lights, power disruption, accident or other unforeseen event which could impact public health and safety, the LESSOR will act to protect public health and safety of its citizens, and to protect public and private property. LESSOR will make every reasonable effort to coordinate its emergency response with the LESSEE by contacting LESSEE at LESSEE's Network Operations Center at(800) 264-6620). 22. APPLICABLE LAWS. (a) During the Term, LESSOR shall maintain the Property and the Poles in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, laws regulating hazardous substances) (collectively "Laws"). LESSOR shall have no responsibility to maintain LESSEE's communications equipment. LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with: (a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises; and (b) to the extent applicable to LESSEE, all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. (b) This Agreement does not limit any rights Lessee may have in accordance with applicable Laws to install its own poles in the public rights-of-way or to attach Lessee's equipment to third-party poles located in the rights-of-way so long as such action complies with applicable Laws. If LESSEE installs its own poles in the public right-of-way, the parties may mutually agree to allow the LESSOR to collocate public safety cameras or communications equipment on such poles provided that: i) LESSEE reasonably determines that there is sufficient space and structural capacity on the poles; and ii) the parties execute a mutually satisfactory collocation agreement; provided, however, that the LESSOR may not condition its approval of any required permit for the installation of the LESSEE's poles in the public rights-of-way upon the LESSEE's agreement to provide space on LESSEE's poles for the LESSOR's use. This Agreement shall in no way limit or waive either Party's present or future rights under applicable Laws. If, after the date of this Agreement, the rights or obligations of either Party are materially preempted or superseded by changes in Laws, the Parties agree to amend the Agreement to reflect the change in Laws. 9 City of Dubuque,IA- Small Cell MLA(GL #457545) CORE/07 621 8 6 299 8/1 3 4 63 1 7 29.8 23. AUTHORIZED ENTITIES. This Agreement is entered into by the Parties each on its own behalf and for the benefit of: (i) any entity in which the Party directly or indirectly holds an equity or similar interest; (ii) any entity which directly or indirectly holds an equity or similar interest in the Party; or (iii) any entity directly or indirectly under common control with the Party. Each Party and each of the entities described above are referred to herein as an "Authorized Entity". No obligation is incurred or liability accepted by any Authorized Entity until that Authorized Entity enters into a site specific Supplement. Only the Party and the Authorized Entity executing a Supplement are responsible for the obligations and liabilities related thereto arising under that Supplement and this Agreement. All communications and invoices relating to a Supplement must be directed to the Authorized Entity signing the Supplement. A default by any Authorized Entity will not constitute or serve as a basis for a default by any other Authorized Entity not a party to the applicable Supplement. 24. MISCELLANEOUS. This Agreement and the Supplements that may be executed from time to time hereunder contain all agreements, promises and understandings between the LESSOR and the LESSEE regarding this transaction, and no oral agreement, promises or understandings shall be binding upon either the LESSOR or the LESSEE in any dispute, controversy or proceeding. This Agreement may not be amended or varied except in a writing signed by all Parties. This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns hereto. The failure of either party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights hereunder shall not waive such rights and such party shall have the right to enforce such rights at any time. The performance of this Agreement via each Supplement shall be governed interpreted, construed and regulated by the laws of the state in which the Premises is located without reference to its choice of law rules. 25. PUBLIC RECORDS. LESSEE acknowledges that information submitted to the LESSOR may be open to public inspection under State Law. LESSEE may identify information, such as trade secrets, proprietary financial records, customer information or technical information, submitted to the LESSOR as confidential. LESSEE shall prominently mark any information for which it claims confidentiality with the word "Confidential" on each page of such information prior to submitting such information to the LESSOR. The LESSOR shall treat any information so marked as confidential until the LESSOR receives any request for disclosure of such information. In the event LESSOR is requested pursuant to, or required by, applicable law,regulation,or legal or administrative process to disclose any c onfidential information, LESSOR shall promptly notify LESSEE in writing within 5 business days of receiving any such request„ including a copy of the request, at Verizon Wireless - West Territory, Attention: Real Estate Manager, 10801 Bush Lake Road, Bloomington, Minnesota 55438, so that LESSEE may apply for a protective order or other appropriate remedy. In the event that LESSEE does not take any action to stop such disclosure or obtain a protective order concerning such disclosure within 5 business days after LESSOR provides such notice to LESSEE, LESSOR may disclose the requested information which may include confidential information without any liability to LESSOR. L E SS O R agrees to furnish only that portion of confidential information sought or advised by counsel to be legally required. In the event that LESSEE does take any action to stop such disclosure or obtain a protective order, LESSOR agrees to cooperate with LESSEE but at no cost or expenses of any kind to LESSOR. The LESSOR retains the final discretion to determine whether to release the requested confidential information, in accordance with applicable laws. 10 City of Dubuque,IA- Small Cell MLA(GL #457545) CORE/07 621 8 6 299 8/1 3 4 63 1 7 29.8 26. STRUCTURE RECONDITIONING, REPAIR, REPLACEMENT. (a) From time to time, LESSOR paints, reconditions, or otherwise improves or repairs the Poles in a substantial way ("Reconditioning Work"). LESSOR shall reasonably cooperate with LESSEE to carry out Reconditioning Work activities in a manner that minimizes interference with LESSEE's approved use of the Premises. (b) Prior to commencing Reconditioning Work, LESSOR shall provide LESSEE with not less than ninety (90) days prior written notice. Upon receiving that notice, it shall be LESSEE's sole responsibility to provide adequate measures to cover or otherwise protect LESSEE's equipment from the consequences of the Reconditioning Work, including but not limited to paint and debris fallout. LESSOR reserves the right to require LESSEE to remove all of LESSEE's equipment from the Poles and Premises during Reconditioning Work, provided the requirement to remove LESSEE's equipment is contained in the written notice required by this Pa ra gra ph. (c) During LESSOR's Reconditioning Work, LESSEE may maintain a temporary communications facility on the Property, or after approval by LESSOR, on any land owned or controlled by LESSOR in the vicinity of the Property. If the Property will not accommodate LESSEE's temporary communications facility, or if the Parties cannot agree on a temporary location, the LESSEE, at its sole option, shall have the right to terminate the applicable Supplement upon thirty (30) days written notice to LESSOR. (d) LESSEE may request a modification of LESSOR's procedures for carrying out Reconditioning Work in order to reduce the interference with LESSEE's use of the Premises. If LESSOR agrees to the modification, LESSEE shall be responsible for all reasonable incremental cost related to the modification. (e) If the Poles need to be replaced ("Replacement Work"), LESSOR shall provide LESSEE with at least ninety (90) days' written notice to remove its equipment. LESSOR shall also promptly notify LESSEE when the Poles have been replaced and LESSEE may re-install its equipment. During LESSOR's Replacement Work, LESSEE may maintain a temporary communications facility on the Property, or after approval by LESSOR, on any land owned or controlled by LESSOR in the vicinity of the Property. If the Property will not accommodate LESSEE's temporary communications facility or if the Parties cannot agree on a temporary location, the LESSEE, at its sole option, shall have the right to terminate the applicable Supplement upon thirty (30) days written notice to LESSOR. (f) If the Poles need to be repaired due to storm, accidents or other damage ("Repair Work"), LESSOR shall notify LESSEE to remove its equipment as soon as possible. In the event of an emergency, LESSOR shall contact LESSEE by telephone at LESSEE's Network Operations Center at (800) 264-6620) prior to removing LESSEE's equipment. Once the Poles have been replaced or repaired, LESSOR will promptly notify LESSEE it can reinstall its equipment. During LESSOR's Repair Work, LESSEE may maintain a temporary communications facility on the Property, or after approval by LESSOR, on any land owned or controlled by LESSOR in the vicinity of the Property. If the Property will not accommodate LESSEE's temporary communications facility, or if the Parties cannot agree on a temporary location, or if the Pole(s) 11 City of Dubuque,IA- Small Cell MLA(GL #457545) CORE/07 621 8 6 299 8/1 3 4 63 1 7 29.8 cannot be repaired or replaced within thirty (30) days, LESSEE, at its sole discretion, shall have the right to terminate the applicable Supplement upon thirty (30) days written notice to LESSOR. However, at LESSEE's sole option, within thirty (30) days after the casualty damage, LESSOR must provide LESSEE with a replacement Supplement to lease space at a new location upon which the Parties mutually agree. The lease payments payable under the new replacement Supplement will not be greater than the lease payments payable under the terminated Supplement. The new replacement Supplement shall have an initial term of five (5) years, and shall have extension terms as provided in Paragraph 5 of this Agreement. [SIGNATURE PAGE FOLLOWS] [Balance of page intentionally left blank] 12 City of Dubuque,IA- Small Cell MLA(GL #457545) CORE/07 621 8 6 299 8/1 3 4 63 1 7 29.8 IN WITNESS WHEREOF, the Parties have executed this Agreement effective the day and year first above written. 13 City of Dubuque, IA - Small Cell MLA (GL #457545) CORE/0762186.2998/ 134631729.8 LESSOR: City of Dubuque, I•wa By: Name: Ro D. Buol Title: Mayor Date: March 19, 2018 LESSEE: Southwestco Wireless, Inc. d/b/a Verizon Wireless By Name: Title: Date: EXH I BIT A LEASE SUPPLEMENT This Lease Supplement ("SupplemenY'), is made this _ day of 20_ between the City of Dubuque, lowa, whose principal place of business is 50 West 13`h Street, Dubuque, lowa 52001 ("Lessor"), and Southwestco Wireless, Inc. d/b/a Verizon Wireless, whose principal place of business is One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("Lessee"). 1. Master Lease A¢reement. This Supplement is a Supplement as referenced in that certain Master Lease Agreement between the City of Dubuque, lowa and Southwestco Wireless, Inc. d/b/a Verizon Wireless,dated _, 20_, (the "AgreemenY'). All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. Premises. Lessor hereby leases to Lessee certain spaces on and within Lessor's Property located at<INSERT SITE ADDRESS>, including, without limitation,approximately (_) square feet of Equipment Space, and Antenna Space on the Pole. The Equipment Space, Antenna Space and Cabling Space are as shown on Exhibit 1, attached hereto and made a part hereof. 3. Term. The Commencement Date and the Term of this Supplement shall be as set forth in Paragraphs 3 and 5 of the Agreement. 4. Consideration. Lease payments under this Supplement shall be $150.00 per Pole, per year, payable in annual installments as set forth in Paragraph 3 of the Agreement. Lease payments shall be delivered to Lessor at 50 West 13`h Street, Dubuque, lowa 52001. 5. Power Char�es. [Complete as applicable for metered service or flat rate power charges.] (Afternate Provision for Metered Service: If permitted by the local utility company serving the Premises, LESSEE shall furnish and install an electrical meter at the Premises for the measurement of electrical power used by LESSEE at the Premises and LESSEE shall pay the utility company directly.] (Afternate Provision for Flat Rate: In consideration for the electrical service,for each year during the Term LESSEE shall pay LESSOR a flat rate of $1,500.00 for its power consumption (the "Power Charge"). The annual Power Charge shall be paid in annual installments, and shall commence and be paid concurrently with lease payments pursuant to Paragraph 4 above.] 6. Site Specific Terms. (Include any site-specific terms) E�ibit"A" Page 1 of 10 City of Dubuque,IA- Small Cell MLA(GL #457545) CORE/07 621 8 6 299 8/1 3 4 63 1 7 29.8 IN WITNE55 WHEREOF,the Lessor and the Lessee have executed this Supplement effective the day and year first above written. LESSOR: City of Dubuque, lowa By: EXHIBIT ONLY—NOT FOR EXECUTION Name: Title: Date: LESSEE: Southwestco Wireless, Inc. d/b/a Verizon Wireless By: EXHIBIT ONLY—NOT FOR EXECUTION Name: Title: Date: E�ibit"A" Page 2 of 10 City of Dubuque,IA- Small Cell MLA(GL #457545) CORE/07 621 8 6 299 8/1 3 4 63 1 7 29.8 EXHIBIT 1 Site Plan of Premises E�ibit"A" Page 3 of 10 City of Dubuque,IA- Small Cell MLA(GL #457545) CORE/07 621 8 6 299 8/1 3 4 63 1 7 29.8 INSURANCESCHEDULEA (attached) E�ibit"A" Page 4 of 10 City of Dubuque,IA- Small Cell MLA(GL #457545) CORE/07 621 8 6 299 8/1 3 4 63 1 7 29.8 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A 1. shall furnish a signed certificate of insurance to the City of Dubuque, lowa for the coverage required in Exhibit I upon the lease, license, or permit commencement. All lessees of City property and right of way licensees or permittees shall submit an updated certificate annually. Each certificate shall be prepared on the most current ACORD form approved by the lowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Eg: Project # or lease of premises at or construction of , or right of way permitted location and description 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and all insurers shall have a rating of A- or better in the current A.M. BesYs Rating Guide. 3. Each certificate shall be furnished to the Department of the City of Dubuque. 4. The lessee, licensee, or permittee shall be required to carry the coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required coverage shall not be deemed a waiver of such requirements by the City of Dubuque 5. Failure to obtain or maintain the required insurance shall be considered a material breach of the Lease, license, or permit. 6. All required endorsements shall be attached to certificate. 7. Lessee, licensee, or permittee shall require all subcontractors and sub-subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub-subcontractors. Lessee, licensee, or permittee agrees that it shall be liable for the failure of a subcontractor and sub-subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the lessee, licensee, or permittee. Page 1 of 4 Schedule A Lessees of City Property; Right Of Way Licensees or Permittees July 2017 COREO]621 86 299 8/1 3 6]]9203A City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A (Continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $3.000,000 Products-Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $2,000,000 Each Occurrence $2,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form or its substantial equivalent. 2) Include ISO endorsement form CG 25 04'Designated Location(s) General Aggregate Limit." 3) Be primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement (Sample attached). 5) Deletes any fellow employee exclusion. 6) Include the City of Dubuque, including all its elected and appointed officials, its employees and volunteers, boards, commissions as an additional insured as their interest may appear under this Agreement which includes ongoing operations and completed operations equivalent to CG2010 and CG2037. 7) Policy shall include Waiver of Subrogation in favor of the City. B) WORKERS' COMPENSATION 8. EMPLOYERS LIABILITY Statutory benefits covering all employees injured on the job by accident or disease as prescribed by lowa Code Chapter 85 as amended. Coverage A Statutory—State of lowa Coverage B Employers Liability Each Accident $100,000 Each Employee-Disease $100,000 Policy Limit-Disease $500,000 Policy shall include a Waiver of Subrogation in favor of the City Page 2 of 4 Schedule A Lessees of City Property; Right Of Way Licensees or Permittees July 2017 COREO]621 86 299 8/1 3 6]]9203A City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A (Continued) C) PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT yes _*_ no Evidence of property coverage provided: yes Included the City of Dubuque as Lender Loss Payable. E) RIGHT-OF-WAY WORK ONLY: UMBRELLA/EXCESS $2,000,000 _*yes no Umbrella/excess liability coverage must be at least following form with the underlying policies included herein. Page 3 of 4 Schedule A Lessees of City Property; Right Of Way Licensees or Permittees July 2017 COREO]621 86 299 8/1 3 6]]9203A PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunitv. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque. lowa under Code of lowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coveraqe. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of lowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of lowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunitv. The City of Dubuque, lowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non-Denial of Coveraqe. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, lowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, lowa. No Other Chanqe in Policv. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) COREO]621 86 299 8/1 3 6]]9203A 1 IOWA CELL SI'I'ING ACT, §SC.2 CHAPTER8C IOWA CELL SITING ACT Chapter repealed]vly 1,2022;see¢BC.9 SC.1 Short tifle. SC9 Utility poles. SC2 Definitions. SC9A Uniform rules for small wireless SC.3 Uniform rules and limitafions— facilifies—permit approval. applications. SC.4 Uniform rules —new tower SC9B Small wireless facilifies — applicafions. violafion and removal. SC.5 Uniform rules for certain gC9C Height limitafions. changes. gC.S Applicafion and construcfion. SC.6 Use of public lands for towers and transmission equipment. SC.9 Repeal. SC.1 Short title. This chapter shall be known and may be cited as the "Iowa Cell Siting Act". 2015 Acts, ch 120, §l, 10 SC.2 DeSnitions. For the purposes of this chapter,unless the conte� otherwise requires: 1. :9ppiicant" means any person engaged in the business of providing wireless telecommunications services or the wireless telecommunications infrastructure required for wireless telecommunications services and who submits an application. 2. :9pplication" means a request submitted by an applicant to an authority to construct a new tower, for the initial placement of transmission equipment on a wireless support structure, for the modification of an existing tower or existing base station that constitutes a substantial change to an existing tower or existing base station, or any other request to construct or place transmission equipment that does not meet the definition of an eligible facilities request. 3. :9uthority", used as a noun, means a state, county, or city governing body, board, agency, office, or commission authorized by law to make legislative, quasi-judicial, or administrative decisions relative to an application. :9uthority" does not include any of the following: a. State courts having jurisdiction over land use,planning, or zoning decisions made by an authority. b. The utilities division of the department of commerce. c. Any entities, including municipally owned utilities established under or governed by Title IX, subtitle 4 of the Code,that do not have zoning or permitting jurisdiction. 4. a. "Base station" means a structure or equipment at a fixed location that enables wireless communications licensed by the federal communications commission or authorized wireless communications between user equipment and a communications network. b. "Base station" does not mean a tower or equipment associated with a tower. c. "Base station" includes but is not limited to equipment associated with wireless communications seroices such as private, broadcast, and public safety services and unlicensed wireless services and fised wireless services such as microwave backhaul. d. "Base station" includes but is not limited to radio transceivers, antennas, coaxial or fiberoptic cable,regular and backup power supplies,and comparable equipment, regardless of technological configuration. e. "Base station" includes a structure other than a tower that, at the time the relevant application is filed with the state or local government, supports or houses equipment described in this subsection that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. f. "Base station" does not include any structure that at the time the relevant application Tue Feb 06 09:52:50 2018 Iowa Code 2018, Chapter 8C (15, 3) §SC.2,IOWA CELL SITING ACT 2 is filed with the state or local government does not support or house equipment described in this subsection. 5. "Coliocation"means the mounting or installation of additional transmission equipment on a support structure already in use for the purpose of transmitting or receiving radio frequency signals for communications purposes. 6. "Eiectric utility" means any owner or operator of electric transmission or distribution facilities subject to the regulation and enforcement activities of the Iowa utilities board relating to safety standards. 7. "Eligibie facilities request" means a request for modification of an existing tower or base station that does not substantially change the physical dimensions of the tower or base station and involves collocation of new transmission equipment,the removal of transmission equipment, or the replacement of transmission equipment. 8. "Existing tower"or"existing base station"means a tower or base station that has been reviewed and approved under the applicable zoning or siting process,or under another state or local regulatory review process. "Existing tower" includes a tower that was not reviewed and approved because it was not in a zoned area when it was built and lawfully constructed. 9. "Initial placement or instaliation"means the first time transmission equipment is placed or installed on a wireless support structure. 10. "Micro wireless facility"means a small wireless facility with dimensions no larger than twenty-four inches in length,fifteen inches in width,and twelve inches in height and that has an e�erior antenna, if any,that is no more than eleven inches in length. 11. a. "Site",in relation to a tower that is not in the public right-of-way,means the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site. b. "Site", in relation to support structures other than towers,means an area in proximity to the structure and to other transmission equipment already deployed on the ground. 12. a. "Small wireiess facility" means a wireless facility that meets the following requirements: (1) Each antenna is no more than six cubic feet in volume. (2) (a) All other equipment associated with the small wireless facility is cumulatively no more than twenty-eight cubic feet in volume. (b) For purposes of this subparagraph, volume shall be measured by the e�ernal displacement of the primary equipment enclosure, not the internal volume of such enclosure. An associated electric meter, concealment, telecommunications demarcation box,ground-based enclosures,battery backup power systems, grounding equipment,power transfer switch, cutoff switch, cable, conduit, and any equipment that is concealed from public view within or behind an existing structure or concealment may be located outside of the primary equipment enclosure and shall not be included in the calculation of the equipment volume. b. "Small wireiess facility"includes a micro wireless facility as defined in subsection 10. c. "Small wireiess facility" does not include any structure that supports or houses equipment described in this subsection. 13. "Substantial change" means a change in the existing support structure which results in one or more of the following: a. (1) Increase in the height of a tower, other than a tower in the public right-of-way,by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet,whichever is greater. (2) Increase in the height of existing support structures, other than a tower in subparagraph (1),by more than ten percent or more than ten feet,whichever is greater. (3) Height shall be measured from the original support structure in cases where deployments are or will be separated horizontally,such as on buildings'rooftops. Otherwise, height shall be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act, Pub. L. No. 112-96,Tit.VI. b. (1) Addition of an appurtenance to the body of the tower, other than a tower in the public right-of-way, that would protrude from the edge of the tower more than twenty feet, Tue Feb 06 09:52:50 2018 Iowa Code 2018, Chapter 8C (15, 3) 3 IOWA CELL SI'I'ING ACT, §SC.2 or more than the width of the tower structure at the level of the appurtenance,whichever is greater. (2) Addition of an appurtenance to an existing support structure,other than a tower under subparagraph(1),that would protrude from the edge of the structure by more than six feet. c. (1) Installation of more than the standard number of new equipment cabinets for the technology involved,but not to exceed four cabinets. (2) Installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the tower in the public right-of-way or base station. (3) Installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with a tower in the public right-of-way or base station. d. Excavation or deployment outside the current site. e. Defeat of concealment elements of the existing support structure. f. Noncompliance with conditions associated with the siting approval of the construction or modification of the existing support structure or base station equipment, except if the change is noncompliant only in a manner that does not exceed the thresholds identified in paragraphs "a" through"d". 14. "Tower" means a structure built for the sole or primary putpose of supporting an antenna and the associated facilities authorized or licensed by the federal communications commission. "Tower"includes structures constructed for wireless communications services, including but not limited to private, broadcast, and public safety services and unlicensed wireless services and fised wireless services,such as microwave backhaul,and the associated site. 15. "Transmission equipment" means equipment that facilitates transmission for a wireless communications service licensed or authorized by the federal communications commission, including but not limited to radio transceivers, antennas, coaxial or fiberoptic cable,and regular and backup power supply. "Transmission equipment"includes equipment associated with wireless communications services, including but not limited to private, broadcast, and public safety services, such as wireless local area network services and services utilizing a set of specifications developed by the institute of electrical and electronics engineers for interface between a wireless client and a base station or between two wireless clients,as well as unlicensed wireless services and fised wireless services,such as microwave backhaul. 16. "Utility poie" means a pole or similar structure owned or utilized in whole or in part by a public utility, municipality, wireless seroice provider, or electric utility that is designed specifically for and used to carry lines,cable,transmission equipment,or wires for telephone, wireless service,cable television, or electricity service,or for lighting,the vertical portion of support structures for traffic control signals or devices,signage,information kiosks,or other similar functions. 17. "�reiess facility" means equipment at a fixed location that enables the transmission of wireless communications or information of any kind between user equipment and a communications network,except that"wireiess facility"does not include coaxial or fiberoptic cable that is not immediately adjacent to,or directly associated with,a particular antenna. 18. "�reiess service" means any fised or mobile service using licensed or unlicensed wireless spectrum and provided using a wireless facility. 19. "�reiess service provider" means a provider of wireless service. 20. "�reiess support structure" means a structure that exists at the time an application is submitted and is capable of supporting the attachment or installation of transmission equipment in compliance with applicable codes, including but not limited to water towers, buildings,and other structures,whether within or outside the public right-of-way. "�reiess support structure" does not include a tower or existing base station. 2015 Acts, ch 120, §2, 10; 2017 Acts, ch 112, §l, 2 Se�ion applies to applimtions svbmitted on or after]vly 1,2015;2015 Ac[s,ch 12Q¢10 Subsection 3 amended NEW subsec[ion 10 and former subse�ion 10 remmbered as 11 NEW subsec[ion 12 and former subsec[ions 11-13 remmbered as 13-15 Subsection 14 amended and remmbered as 16 NEW subsec[ions 19-19 and former subsec[ion 15 remmbered as 20 Tue Feb 06 09:52:50 2018 Iowa Code 2018, Chapter 8C (15, 3) §SC.3,IOWA CELL SITING ACT 4 SC.3 Uniform rules and limitations—applications. In order to ensure uniformity across this state with respect to the consideration of every application, and notwithstanding any other provision to the contrary, an authority shall not do any of the following: 1. Require an applicant to submit information about,or evaluate an applicanYs business decisions with respect to, the applicanYs designed service, customer demand for service, or quality of the applicanYs service to or from a particular area or site, but may require propagation maps solely for the purpose of identifying the location of the coverage or capacity gap or need for applications for new towers in an area zoned residential. 2. a. Evaluate an application based on the availability of other potential locations for the placement or construction of a tower or transmission equipment. b. Require the applicant to establish other options for collocation instead of the construction of a new tower or modification of an existing tower or existing base station that constitutes a substantial change to an existing tower or existing base station. c. Notwithstanding paragraph"b",an authority shall require an applicant applying for the construction of a new tower to provide an explanation regarding the reason for choosing the proposed location and the reason the applicant did not choose collocation. The e�lanation shall include a sworn statement from an individual who has responsibility over placement of the tower attesting that collocation within the area determined by the applicant to meet the applicanYs radio frequency engineering requirements for the placement of a site would not result in the same mobile service functionality, coverage, and capacity, is technically infeasible, or is economically burdensome to the applicant. 3. Dictate the type of transmission equipment or technology to be used by the applicant or discriminate between different types of infrastructure or technology. 4. a. Require the removal of existing towers, base stations, or transmission equipment, wherever located, as a condition to approval of an application. b. Notwithstanding paragraph "a", the authority may adopt reasonable rules regarding removal of abandoned towers or transmission equipment. 5. Impose environmental testing, sampling, or monitoring requirements, or other compliance measures, for radio frequency emissions from transmission equipment that are categorically excluded under the federal communications commission's rules for radio frequency emissions pursuant to 47 C.F.R. §1.1307(b)(1). 6. Establish or enforce regulations or procedures for radio frequency signal strength or the adequacy of service quality. 7. Reject an application,in whole or in part,based on perceived or alleged environmental effects of radio frequency emissions,as provided in 47 U.S.C. §332(c)(7)(B)(iv). 8. Prohibit the placement of emergency power systems that comply with federal and state environmental requirements. 9. Charge an application fee,consulting fee,or other fee associated with the submission, review, processing, or approval of an application, unless the fee charged is in compliance with this section. Fees imposed by an authority or by a third-party entity providing review or technical consultation to the authority shall be based on actual, direct, and reasonable administrative costs incurred for the review, processing, and approval of an application. In no case shall total charges and fees exceed five hundred dollars for an eligible facilities request or three thousand dollars for an application for a new tower, for the initial placement or installation of transmission equipment on a wireless support structure, for a modification of an existing tower or existing base station that constitutes a substantial change to an existing tower or base station, or any other application to construct or place transmission equipment that does not constitute an eligible facilities request. An authority or any third-party entity shall not include within its charges any travel e�enses incurred in the review of an application for more than one trip to the authority's jurisdiction, and an applicant shall not be required to pay or reimburse an authority for consultant or other third-party fees based on a contingency-based or result-based arrangement. 10. Impose surety requirements, including bonds, escrow deposits, letters of credit, or any other type of financial surety, to ensure that abandoned or unused towets or transmission equipment can be removed, unless requirements are competitively neutral, Tue Feb 06 09:52:50 2018 Iowa Code 2018, Chapter 8C (15, 3) 5 IOWA CELL SI'I'ING ACT, §SC.4 nondiscriminatory, reasonable in amount, and commensurate with the historical record for local facilities and structures that are abandoned. 11. Condition the approval of an application on the applicanYs agreement to provide space on or near the tower,base station, or wireless support structure for authority or local governmental or nongovernmental services at less than the market rate for such space or to provide other services via the structure or facilities at less than the market rate for such services. 12. Limit the duration of the approval of an application, except that construction of the approved structure or facilities shall be commenced within two yeats of final approval, including the disposition of any appeals, and diligently pursued to completion. 13. Discriminate on the basis of the ownership, including ownetship by the authority, of any property, structure, or tower when promulgating rules or procedures for siting wireless facilities or for evaluating applications. 2015 Acts, ch 120, §3, 10 Refe�red to in¢BC.4,BQ5 Se�ion applies to applimtions svbmitted on or after]vly 1,2015;2015 Ac[s,ch 12Q¢10 SC.4 Uniform rules—new tower applications. 1. An authority may exercise zoning,land use,planning,and permitting authority within the authority's territorial boundaries with regard to the siting of new towers, subject to the provisions of this chapter and federal law. 2. An applicant that proposes to construct a new tower within the jurisdiction of an authority that has adopted planning and zoning regulations shall submit the necessary copies and attachments of the application to the appropriate authority and comply with applicable local ordinances concerning land use and the appropriate permitting processes. 3. All records, documents, and electronic data in the possession or custody of authority petsonnel are subject to chapter 22. Disclosure of such records shall be consistent with applicable state law. 4. An authority, within one hundred fifty calendar days of receiving an application to construct a new tower, unless another date is specified in a written agreement between the authority and the applicant, shall comply with the following provisions: a. Review the application for conformity with applicable local zoning regulations, building permit requirements, and consistency with this chapter. An application is deemed to be complete unless the authority notifies the applicant in writing, within thirty calendar days of submission of the application, specifying the deficiencies in the application which, if cured, would make the application complete. The authority's timeframe to review the application is tolled beginning the date the notice is sent The authority's timeframe of one hundred fifry days for review of the application begins running again when the applicant cures the specified deficiencies. Following the applicanYs supplemental submission, the authority has ten days to notify the applicant that the supplemental submission did not provide the information identified in the original notice that specified deficiencies in the application. The authority's timeframe of one hundred fifty days to review the application is tolled in the case of second or subsequent notices in conformance with this paragraph. The authority shall not include deficiencies in a second or subsequent notice that were not delineated in the original notice. The authority's timeframe for review does not toll if the authority requests information regarding any of the considerations an authority may not consider as described in section SC.3. b. Make its final decision to approve or disapprove the application. c. Advise the applicant in writing of its final decision. 5. If the authority fails to act on an application to construct a new tower within the timeframe for review specified under subsection 4,the application shall be deemed approved. 6. A party aggrieved by the final action of an authority,either by its affirmative disapproval of an application under the provisions of this section or by its inaction, may bring an action for review in any court of competent jurisdiction. 2015 Acts, ch 120, §4, 10 Se�ion applies to applimtions svbmitted on or after]vly 1,2015;2015 Ac[s,ch 12Q¢10 Tue Feb 06 09:52:50 2018 Iowa Code 2018, Chapter 8C (15, 3) §SC.5,IOWA CELL SITING ACT 6 SC.5 Uniform rules for certain changes. 1. An authority may exercise zoning,land use,planning,and permitting authority within the authority's territorial boundaries with regard to an application for initial placement or installation of transmission equipment on wireless support structures,for modification of an existing tower or existing base station that constitutes a substantial change, or for a request for construction or placement of transmission equipment that does not constitute an eligible facilities request,subject to the provisions of this chapter and federal law. 2. An applicant that proposes an initial placement or installation of transmission equipment on wireless support structures, a modification of an existing tower or existing base station that constitutes a substantial change,or a request for construction or placement of transmission equipment that does not constitute an eligible facilities request, within the jurisdiction of an authority that has adopted planning and zoning ordinances, rules, or regulations shall submit the necessary copies and attachments of the application to the authority and comply with such applicable local ordinances,rules,or regulations concerning land use and zoning and the appropriate local permitting processes. 3. All records, including but not limited to documents and electronic data, in the possession or custody of authority personnel are subject to chapter 22. Disclosure of such records shall be consistent with applicable state law. 4. An authority, within ninety calendar days of receiving an application pursuant to subsection 2,unless another date is specified in a written agreement between the authority and the applicant,shall comply with the following provisions: a. Review the application for conformity with applicable local zoning ordinances,rules,or regulations,building permit requirements,and consistency with this chapter. An application is deemed to be complete unless the authority notifies the applicant in writing,within thirty calendar days of submission of the application, specifying the deficiencies in the application which, if cured,would make the application complete. The authority's timeframe for review is tolled beginningthe date the notice is sent The authority's ninety-day timeframe for review of the application begins running again when the applicant cures the specified deficiencies. Following the applicanYs supplemental submission,the authority has ten days to notify the applicant that the supplemental submission did not provide the information identified in the original notice that specified deficiencies. The authority's ninety-day timeframe to review the application is tolled in the case of second or subsequent notices in conformance with this paragraph. The authority shall not include deficiencies in a second or subsequent notice that were not delineated in the original notice. The authority's ninety-day timeframe for review does not toll if the authority requests information regarding any of the considerations an authority may not consider as described in section SC.3. b. Make its final decision to approve or disapprove the application. c. Advise the applicant in writing of its final decision. 5. If the authority fails to act on an application for an initial placement or installation of transmission equipment on wireless support structures, for a modification of an existing tower or existing base station that constitutes a substantial change, or for a request for construction or placement of transmission equipment that does not constitute an eligible facilities request within the review period specified under subsection 4,the application shall be deemed approved. 6. A party aggrieved by the final action of an authority,either by its affirmative disapproval of an application under the provisions of this section or by its inaction, may bring an action for review in any court of competent jurisdiction. 2015 Acts, ch 120, §5, 10 Se�ion applies to applimtions svbmitted on or after]vly 1,2015;2015 Ac[s,ch 12Q¢10 SC.6 Use of public lands for towers and transmission equipment. 1. In accordance with other applicable laws,when entering into a lease with an applicant for the applicanYs use of public lands, an authority shall offer the market rate value for use of that land. The term of the lease shall be for at least twenty years,but all or a portion of the land may be subject to release for public purposes afrer fifreen years. 2. a. If the authority and the applicant cannot agree on the market rate for lease of the Tue Feb 06 09:52:50 2018 Iowa Code 2018, Chapter 8C (15, 3) 7 IOWA CELL SITING ACT, §SC.7A public land and cannot agree on the process to derive the market rate, the appraisals of a three-person panel of appraisers shall determine the market rate. Each party will appoint one appraiser and the two appointed appraisers shall select a third appraiser. Each appraiser shall independently appraise the appropriate market rate for lease of the land. The market rate shall be set at the median value between the highest and lowest market rates determined by the three independent appraisers. However, if the median between the appraisals of the appraisers appointed by each party is greater than or less than ten percent of the appraisal of the appraiser selected by the two appraisers,then the appraisal of the appraiser selected by the two appraisers shall determine the rate for the lease. Each appraiser shall send a copy of the appraisal to the authority and the applicant. The authority shall use the appraisal process under this paragraph to determine the lease rate for purposes of this subsection. b. An authority shall approve or reject the lease rate as determined by the appraisal process pursuant to paragraph "a" within fifteen days following completion and receipt of the appraisals obtained pursuant to paragraph"a". The authority's failure to reject the lease rate as determined by the appraisal process within fifteen days constitutes approval of the lease rate determined pursuant to paragraph "a" as the market rate value for the use of the land for purposes of the lease between the authority and the applicant. c. The authority and applicant shall conclude the appraisal process within one hundred fifty calendar days from the date the applicant first offered a proposed lease rate to the authority. d. If using the three-person panel, each party shall bear the cost of its own appointed appraiser and equally share the cost of the third appraiser. 2015 Acts, ch 120, §6, 10 Se�ion applies to applimtions svbmitted on or after]vly 1,2015;2015 Ac[s,ch 12Q¢10 SC.7 Utility poles. Notwithstanding any provision to the contrary,an authority shall not mandate,require,or regulate the installation,location,or use of transmission equipment on a utility pole. 2015 Acts, ch 120, §7, 10 Se�ion applies to applimtions svbmitted on or after]vly 1,2015;2015 Ac[s,ch 12Q¢10 SC.7A Uniform rules for small wireless facilities—permit appmvaL 1. a. Except as provided in this section,an authority shall not prohibit or restrict the siting of a small wireless facility. b. For purposes of this section, "siting" means the mounting, installation, maintenance, modification, operation, or replacement of a small wireless facility on or adjacent to any of the following: (1) An existing tower,utility pole,wireless support structure,or other existing structure. (2) A new utility pole of a similar height and appearance as an existing utility pole and which is located within a five-hundred-foot radius of the existing utility pole. (3) A replacement utility pole of a similar height and appearance as an existing utility pole and which is located within a five-hundred-foot radius of the existing utility pole. 2. a. An authority that has adopted planning and zoning regulations shall authorize the siting of a small wireless facility within its jurisdiction and shall not require a person to obtain a special or conditional land use permit for any of the following: (1) For siting the small wireless facility in a public right-of-way or on an authority structure located outside of a public right-of-way to the e�ent that such structure is already in use as a wireless support structure by supporting non-authority communications equipment that involve e�ernal attachments, provided that such structure is not listed on the national register of historic places. (2) For siting the small wireless facility on an existing tower, utility pole, or wireless support structure, regardless of the location, except for on property zoned and used exclusively for single-family residential use or within a previously designated area of historical significance pursuant to section 303.34. b. A small wireless facility may be classified as a special or conditional land use where such small wireless facility is not sited in a manner as provided in paragraph"a". Tue Feb 06 09:52:51 2018 Iowa Code 2018, Chapter 8C (15, 3) §SC.7A,IOWA CELL SITING ACT S c. A person may install a new utility pole or wireless support structure in a public right-of-way subject to the provisions of this section. An authority may reasonably limit the number of new utility poles or wireless support structures, consistent with the protection of public health, safety, and welfare, and provided that such limitation does not have the effect of prohibiting or significantly impairing a wireless service provider's ability to provide wireless service within the area of a proposed new structure. However, an authority may require a person to obtain a special or conditional land use permit to install a new utility pole or wireless support structure for the siting of a small wireless facility on property zoned and used exclusively for single-family residential use or within a previously designated area of historical significance putsuant to section 303.34. 3. a. (1) An authority may require a person to obtain a building, electrical, or public right-of-way use permit for the siting of a small wireless facility to the e�ent that such permit is of general applicability and does not deny access to site the small wireless facility in a public right-of-way. Notwithstanding this paragraph,an authority shall not require a petson to obtain a permit for the routine maintenance of a previously approved small wireless facility or the replacement of a previously approved small wireless facility with a facility of substantially similar height, weight, and wind and structural loading, provided, however, that an authority may require a person to obtain a permit to work in a public right-of-way or on an authority structure located outside of a public right-of-way with the same terms and conditions provided for other commercial projects or uses in the public right-of-way or on the authority structure. (2) (a) Except as provided in subparagraph divisions (b) and (c), an authority shall not impose any fee or require any application or permit for the installation,placement,operation, maintenance,or replacement of a micro wireless facility that is suspended on operator-owned cables or lines that are strung between existingutility poles in compliance with national safety codes. (b) An authority that has adopted a municipal or county code which requires an application or permit for the installation,placement,operation,maintenance,or replacement of a micro wireless facility may continue the application or permit requirement subsequent to July 1, 2017. (c) (i) An authority may require a single-use right-of-way permit for the installation, placement, operation, maintenance, or replacement of a micro wireless facility if any of the following conditions apply: (A) The work is contained within a highway lane or requires the closure of a highway lane. (B) The work disturbs the pavement, shoulder,ditch, or operation of a highway. (C� The work involves placement of a micro wireless facility on a limited access right-of-way. (D) The work requires any specific precautions to ensure the safety of the traveling public or the protection or operation of public infrastructure and such work was not authorized in,or will not be conducted in,the same time,place,or manner that is consistent with the approved terms of the existing permit for the facility or structure upon which the micro wireless facility is attached. (ii) For purposes of this subparagraph division, "highway"means the same as defined in section 325A.1. b. An authority shall not require a person to apply for or enter into an individual license, franchise, or other agreement with the authority or any other entity for the siting of a small wireless facility on a utility pole located in a public right-of-way. However, an authority may, through the conditions set forth in a permit obtained pursuant to this subsection, do any of the following: (1) Establish nondiscriminatory, competitively neutral and commercially reasonable rates, terms, and conditions for such siting, which rates, terms, and conditions shall comply with the federal pole attachment requirements provided in 47 U.S.C. §224 and any regulations promulgated thereunder. (2) Require compliance with the Iowa electrical safety code, the national electrical safety code, applicable fire safety codes, and any building code or similar code of general Tue Feb 06 09:52:51 2018 Iowa Code 2018, Chapter 8C (15, 3) 9 IOWA CELL SITING ACT, §SC.7A applicability for the protection of the public health,safety,or welfare that was adopted by an authority prior to the filing of the application. (3) Require that a small wireless facility reasonably match the aesthetics of an existing utility pole or wireless support structure that incorporates decorative elements. (4) Require compliance with section 306.46,subsection 1,and section 306.47. (5) Require that after the construction of a small wireless facility or new utility pole is completed in accordance with all conditions under which the permit is granted, which conditions shall be consistent with this section,the owner of the small wireless facility or new utility pole, or the owner's successor in interest, shall maintain the small wireless facility or new utility pole at the e�ense of the owner or successor and if the authority subsequently undertakes any maintenance, public improvement project, or reconstruction of authority property or equipment which requires the modification, relocation, or reconstruction of the small wireless facility or new utility pole, such work and the costs thereof shall be the responsibility of the owner or successor. If the praject necessitating the modification, relocation, or reconstruction of the small wireless facility or new utility pole is for a private commercial purpose, the authority may require the owner or successor to modify, relocate, or reconstruct the small wireless facility or new utility pole upon prepayment of the costs of such work by the private commercial entity whose project facilitates the need for such work. For purposes of this subparagraph, "new utility poie" means a new utility pole installed by a wireless service provider pursuant to this section solely for use as a wireless support structure and that is owned by the wireless seroice provider. c. Beginning with applications filed on or after September 1, 2017, an authority shall accept an application for,process,and issue a permit under this subsection as follows: (1) An applicant shall not be required to provide more information or pay a higher application fee, consulting fee, or other fee associated with the processing or issuance of a permit than the amount charged to a telecommunications service provider that is not a wireless service provider. The total amount of fees for processing or issuing a permit, including any fees charged by third parties, shall not exceed five hundred dollars for an application addressing no more than five small wireless facilities, and an additional fifry dollars for each small wireless facility addressed in an application in excess of five small wireless facilities. An applicant shall not be required to pay any additional fees or perform any services relating to the acceptance, processing, or issuance of a permit, nor provide any services unrelated to the siting of the small wireless facility or of a new, replacement, or modified utility pole on which a small wireless facility is sited. For purposes of this subparagraph, engineering and structural review are deemed to be related to the permitting of a small wireless facility. The total amount of fees shall be adjusted every five years to reflect any increases or decreases in the consumer price index,rounded to the nearest five dollars. (2) An authority shall approve or deny a permit application within ninety days following the submission of a completed application. Except as provided herein, an application shall be deemed approved if the authority fails to approve or deny the application within ninety days following the submission of a completed application. This period of time for the processing of an application may be e�ended upon mutual written agreement between the authority and the applicant. An applicant may address up to twenty-five small wireless facilities in a single application, provided, however, that a single application may only address small wireless facilities within a single two-mile radius consisting of substantially similar equipment to be placed on substantially similar types of wireless support structures or utility poles. In rendering a decision on an application addressing more than one small wireless facility, an authority may approve the application as to certain individual small wireless facilities while denying it as to others. An authority's denial of an individual small wireless facility or subset of small wireless facilities within an application is not a basis to deny the application as a whole. If an authority receives applications for the approval of more than seventy-five small wireless facilities within a single seven-day period, whether from a single applicant or from multiple applicants, the authority may notify an applicant submitting any additional siting applications during that seven-day period that the authority is invoking its right to an automatic thirty-day e�ension for any additional siting application submitted during that seven-day period. Tue Feb 06 09:52:51 2018 Iowa Code 2018, Chapter 8C (15, 3) §SC.7A,IOWA CELL SITING ACT 10 (3) (a) An authority may only deny a completed application if any of the following apply: (i) The application fails to include reasonable information required by the authority and in accordance with this subsection. (ii) The application does not comply with the Iowa electrical safety code, the national electrical safety code, applicable fire safety codes, or any building code or similar code of general applicability for the protection of the public health,safety,or welfare that was adopted by an authority prior to the filing of the application. (iii) The application would result in the authority being noncompliant with the federal Americans With Disabilities Act. (ro) (A) A licensed engineer selected by the applicant or the authority certifies that siting the small wireless facility as proposed would compromise the structural safety of, or preclude the essential purpose of,the utility pole or wireless support structure in the public right-of-way on which it is proposed to be sited and any of the following conditions apply: (I) The applicant fails to redesign the small wireless facility in a manner determined necessary by the engineer to make the existing utility pole or wireless support structure structurally sound for the siting of the small wireless facility. (II) The applicant fails to modify the utility pole or wireless support structure to make the structure structurally sound for the siting of the small wireless facility. (III) The applicant fails to replace the utility pole or wireless support structure with a utility pole or wireless support structure that is structurally sound for the siting of the small wireless facility. (I� The applicant fails to propose an alternative location for the siting of the small wireless facility. (B) If an applicant chooses to modify or replace a utility pole or wireless support structure to make the structure structurally sound for the siting of a small wireless facility,the applicant shall pay or advance to the authority the costs of modifying or replacing the utility pole or wireless support structure with a utility pole or wireless support structure that would safely support the small wireless facility and preserve the essential purpose of the utility pole or wireless support structure. (v) The application seeks approval of a new small wireless facility,utility pole,or wireless support structure that would impair, interfere with,or preclude the safe and effective use of facilities already located in the public right-of-way for pedestrian,vehicular,utility, or other authority public right-of-way purposes. (vi) The application seeks approval for the siting of a small wireless facility outside the public right-of-way that would impair, interfere with, or preclude the safe and effective use of an authority structure or property for a public purpose. (vii) The application seeks approval for the siting of a small wireless facility on a wireless support structure used exclusively for emergency communications equipment. (viii) The application seeks approval for the siting of a small wireless facility on a utility pole that is the vertical portion of a support structure for a traffic control signal or device, and the authority determines that the utility pole lacks sufficient space or load capacity for the proposed siting or the small wireless facility cannot be sited on the utility pole without impairing the public health, safety, or welfare. (b) An authority denying an application shall document the basis for the denial,including the specific code provisions or standards on which the denial is based, and provide the applicant with such documentation on or before the date the application is denied. (c) An applicant whose application is denied shall have an opportunity to cure any deficiencies identified by the authority as the basis for the denial and to submit a revised application within thirty days following the date of denial without paying an additional fee. The authority shall approve or deny a revised application within thirty days following submission. The authority shall not identify any deficiencies in a second or subsequent denial that were not identified in the original denial. (4) An authority shall not limit the duration of a permit issued for the siting of a small wireless facility in a public right-of-way pursuant to this subsection, and shall not limit the duration of a permit issued for the siting of a small wireless facility on an authority structure located outside of a public right-of-way to any period less than ten years,with one automatic Tue Feb 06 09:52:51 2018 Iowa Code 2018, Chapter 8C (15, 3) 11 IOWA CELL SITING ACT, §SC.7B five-year renewal, provided, however, that the owner of the small wireless facility may terminate the permit upon providing ninety days' notice to the authority. The construction of a small wireless facility permitted pursuant to this subsection shall commence no later than two years following the date that the permit is issued, or two years after any appeals are exhausted. (5) An authority shall not impose a moratorium on the processing or issuance of permits under this subsection. (6) An authority shall process and issue permits on a nondiscriminatory basis. An authority shall receive an application for,process,and issue a permit for the siting of a small wireless facility in a manner substantially comparable to the permitting of other applicants within the jurisdiction of the authority, and may not impose discriminatory licensing standards for persons siting small wireless facilities. 4. The annual recurring rate charged by an authority for the siting of a small wireless facility on an authority utility pole shall not exceed the rate computed by the federal communications commission for telecommunications pole attachments in 47 C.RR. §1.1409(e)(2). 5. a. An authority shall authorize the siting of a small wireless facility on an authority structure located outside of a public right-of-way to the same e�ent the authority authorizes access to such structures for other non-authority communications equipment that involve e�ernal attachments, and may authorize the siting even if the authority has not previously permitted such access. b. A siting authorized under this subsection shall be subject to reasonable rates, terms, and conditions as provided in one or more agreements between the authority and the wireless service provider. Notwithstanding chapter 480A,the annual recurring rate for such siting as charged by an authority shall not exceed the lesser of the following: (1) The amount charged for a similar commercial praject or use to occupy a similar area of space on similarly situated property. (2) The projected cost to the authority resulting from the siting. 6. A party aggrieved by the final action of an authority,either by its affirmative action on a permit, term or condition, or rate under the provisions of this section or by its inaction, may bring an action for review in any court of competent jurisdiction,except that if the final action of the authority was the denial of a conditional or special use permit pursuant to this section,the party must first seek review under section 335.13 or 414.10, as applicable. 7. This section only addresses an authority's approval of zoning and building permits and the rates for the use of public rights-of way and authority structures. This section shall not modify the rights and obligations of a nonauthority owner of a utility pole or a municipal utility that owns a utility pole,under 47 C.F.R. §1.1401 et seq.,and the Iowa electrical safety code. 2017 Acts, ch 112, §3; 2017 Acts, ch 170, §22 Refe�red to in¢BQ9C NEW sec[ion SC.7B Small wireless facilities—violation and removal. 1. A public utility that owns or controls a utility pole on which a small wireless facility is sited in alleged violation of this chapter or the Iowa electrical safety code shall notify the owner of the small wireless facility of the alleged violation,in writing or by any other method agreed upon by the parties in writing. The notice shall include the following information: a. The address and location where the alleged violation occurred. b. A description of the alleged violation. c. Suggested corrective action. 2. Upon the receipt of notice of an alleged violation, the recipient of such notice shall respond to the public utility within siYty days in writing or by any other method agreed upon by the parties in writing. The response shall include the following information: a. A statement disclosing whether or not the recipient of the notice is the owner of the small wireless facility at issue. Tue Feb 06 09:52:51 2018 Iowa Code 2018, Chapter 8C (15, 3) §SC.7B,IOWA CELL SITING ACT 12 b. A statement disclosing that the owner disputes that the alleged violation has occurred, if applicable. c. Aplan for corrective action if the owner does not dispute that the violation has occurred. d. A statement disclosing whether the violation has been corrected,if the owner does not dispute that the violation has occurred. 3. The owner of a small wireless facility in alleged violation of this chapter or the Iowa electrical safety code shall correct the alleged violation within one hundred eighty days after receiving notice of the violation unless, for good cause shown, a delay for taking corrective action is appropriate or if the parties otherwise agree in writing to e�end the time required to take corrective action. Good cause for a delay in corrective action shall include but is not limited to a dispute over whether the recipient of the notice is the owner of the small wireless facility at issue,a dispute over whether the alleged violation has occurred,or if taking corrective action within the required time frame is not possible due to circumstances which are beyond the control of the owner of the small wireless facility. The public utility and owner of the small wireless facility shall cooperate in determining an efficient and cost-effective solution to correct an alleged violation. 4. a. Notwithstanding subsections 1 through 3,in the event of an emergency,an authority or public utility shall contact the owner of the small wireless facility at issue and provide the owner with a reasonable opportunity, given the nature of the emergency, to alleviate such emergency or participate with the authority or public utility to make any repairs necessary to alleviate such emergency. If the owner of the small wireless facility does not respond in a timely manner, as determined by the authority or public utility given the nature of the emergency, the authority or public utility may remove or make alterations to the small wireless facility as necessary to ensure public safety. b. For purposes of this subsection, "emergency" means exigent and e�raordinary circumstances under which the physical or electrical failure of a utility pole,wireless support structure, or small wireless facility threatens imminent physical harm to persons or there is a substantial likelihood of imminent and significant harm to property. 5. If the parties cannot resolve a dispute after following the procedures provided in this section, any party may file an action concerning an alleged violation under this section in the district court for the county in which the violation is alleged to have occurred, for any appropriate remedy,including the removal of a small wireless facility deemed by the court to be in violation of this chapter or the Iowa electrical safety code. However,this section shall not preclude a party from bringing an action pursuant to the Iowa electrical safety code or 47 C.F.R. §1.1401 et seq., or the application of a dispute resolution process set forth in an applicable pole attachment agreement between the parties. 6. Nothing in this section shall be deemed to limit the ability of a public utility and the owner of a small wireless facility to voluntarily enter into a pole attachment agreement that establishes different terms for the siting of a small wireless facility or the resolution of a dispute regarding such a facility. 2017 Acts, ch 112, §4 NEW sec[ion SC.7C Height limitations. 1. A new, replacement, or modified utility pole or wireless support structure installed in a public right-of-way located within the city limits of an incorporated city for the purpose of siting a wireless facility,including a small wireless facility under the provisions of this chapter shall not exceed the greater of ten feet in height above the tallest utility pole existing on or before July 1, 2017, located within five hundred feet of the new, replacement, or modified utility pole in the same public right-of-way,or forty feet in height above ground level. Except as provided in section SC.7A, subsection 2, paragraph "c", an authority shall not require a special or conditional use permit for the installation of a utility pole or wireless support structure that complies with the height limitations of this subsection. 2. Notwithstanding subsection 1, a person may construct, modify, or maintain a utility pole or wireless support structure along,across,and under a public right-of-way in excess of Tue Feb 06 09:52:51 2018 Iowa Code 2018, Chapter 8C (15, 3) 13 IOWA CELL SI'I'ING ACT, §SC.9 the size limits provided in subsection 1,to the e�ent permitted by the authority's applicable zoning regulations. 3. A person shall comply with nondiscriminatory undergrounding requirements that prohibit wireless service providers from installing structures in a public right-of-way without prior zoning approval in areas designated as an underground district pursuant to a resolution or ordinance adopted by an authority prior to the date the application is filed or in areas zoned and used for single-family residential use, provided that such requirements shall not prohibit the replacement of existing structures. 4. Nothing in this section shall be deemed to limit the ability of a public utility to install a utility pole for the purposes of electric utility transmission or distribution within a public right-of-way subject to an authority's planning and zoning regulations. 2017 Acts, ch 112, §5 NEW sec[ion SC.B Application and construction. This chapter shall not be construed as: 1. Prohibiting an airport, aviation authority, or municipality from administering and enforcing airport zoning pursuant to the provisions of chapter 329 for the protection of navigable airspace. 2. Infringing upon the jurisdiction of a commission, as defined in section 303.20, to approve or deny applications for proposed alterations to e�erior features within an area designated as an area of historical significance. 3. Infringing upon the jurisdiction of a city or county, or any other entity authorized by statute, to approve or deny applications for proposed alterations to e�erior features of designated local historic landmarks. 2015 Acts, ch 120, §8, 10 Se�ion applies to applimtions svbmitted on or after]vly 1,2015;2015 Ac[s,ch 12Q¢10 SC.9 Repeal. This chapter is repealed July 1, 2022. 2015 Acts, ch 120, §9, 10; 2017 Acts, ch 112, §6 see�o�ame�aea Tue Feb 06 09:52:51 2018 Iowa Code 2018, Chapter 8C (15, 3) Dubuque 's Broadband Initiative : Mobile Telephony Mobile Is Exploding 0 Mobile phone ownership over time The ast mejorih-of�nericaus—90�—nmc owm a cellphone of some l:ind.The shai'e of�xnei'icaus that mcu smertphones is now-?7%, up fromjust 35�in Pew- Resea�rch CenteYs flrst sun-ec of smartphone omnersktip conducted iu zoii. cnan oam snare e�oaa i oo v� � r " _ so � — uneno�. — sm.,�nno�. And Its Not J ust the N u m ber of People The #ypical Amerf�an household contafns mul#iple connected devices "�� t�f � �.,�'_ �i�itiii; rr�i�ra tirri� 1��r ?�t�,r��;rr Mr.•d��n number ('l11Ttr7�t4S r7 ... ;.�r hnu5eh41d Srnart�hane � � Desktop or laptop computer � - � 1 Tablet � i �treaming medla deti��ce � � �� Any af these ' � 5 ��.�_ilF: .�.fr�y'111f1�: �11r:.Il.i 1��:1..c (C�C� �Ci �Ir'; Cet' 1_�::I� o�' :'� � ::�i�� v. '},:�*.!1. 'v�lJ'.;};�" �:�ir.;i'i�i_i_:l �:�r ",i. .. ;:� Fir� 14�. 51lllf._^. _�LII'.iY'.. . . I.:I.iY�,f Si�l�. ��-NOV. �� V1�1� PEW RESEARCH CENTER And We Use It For Everything �`v'� =_- -_: I � r_: � f t' � _ �_-•'y' _�-_ �_� � I "- _-1 '_I �-• 1 1 �- i:��"__3 t'• y .��'�� Pi c{'J1 �—�`��c I, �JE.-'fC: �fltl -r.�'O�la 32�a `��" 2 2��'o y 9�o i��=` _�, �`y ��}� [,� �`�►�', Fil� SNcd Sofh�vara Audio Sociai � .�� sharing brnwaing donYnload na�r�+or7o�-rg � � And We' re Using Mobile First � � � . . , iarrpnone rirsi ^ ihe United Siates, consumers tum most oftan to , � � . the'r smarf�hanes as a resource with 96 percPnt of �� __._C _ � -c r >> �.,etthi , J�r= f � , indmg 1;The Ma�arity of 911 Calls Are I��reasingly Received from Cellular Pho�es `' '" � �% � , .: ,.� �..> :SW 3fi.964.351 � . ' 3.50-.Bfi] 1.101,14fi 1.121 ,..ai a o�. Mema raro � wn w d �rte�m2ota. Wlrepne Cellular VOIP MLiS Teat m�911 ��npl/wwwmtllwnrLWowi�cnnr/RLfluuion/l014F/ And More and More Often It Is Only Mobile Figure. Percentages ot adults and children living in households with only wireless telephone service: United States, 2003-2016 Percent ]0 60.] 60 505 m rnt�dino �ti ta �._ �JE ,_ ,o� ccorly 40 30 Adultswith wireless service onty 20 10 0 Jan-Jun Jul-Dec Jan-Jun Jul-Dec .an-Jun Jul-Dec Jan-Jun lul-Dec Jan-Jun lul-Dec 2003 2009 2006 200] 2009 2010 2012 2013 2015 2016 No.ena�usareagea�aa�ao.eccn��m�e�are��ae�aye�s. �ATASOURCE: NCHS.Wnonal HeaI�M1 Nrerview5urvey. And Its Time To Think About Infrastructure �tic� -4��Y�'1 ••�,. ••..+.+ Y4irelea �ata traff� �Iov►rrng �cr�s� � �vircicss n�ta+�orks ha� �f��re�5�� rn�r� �har� � V � � • If traffic on Dubuque's streets had grown as fast as traffic on Dubuque's wireless systems, we'd need to handle 1,400,000 cars a day. It is not going to get any simpler Moe ,a ..e,�„o„o�. � �_ Mw��. ,.�,�.��.,, Dubuque's Strategy = Master Agreements and Master Planning • Leverage Capacity and Momentum of Our Fiber Assets • Proactively Identify Opportunities to Partner • Work Around State and Federal Pre-emptions as Effectively as Possible • Work to Monitor Coverage/Strength to Assure Equity and Resolve Gaps • Assure City's Costs are Covered �� yaN.e.w i,. , i� `��, � �i � E � Q Caolno AsburY _ " a.�r,�, �,� - �, � �� , . . _ �u� ..niu � N � a �8' � �. ��a D qu �:r" � � zo~ C� [a: a+om°n (� ze P� � P� -I CORE/0762186.2998/138035140.1 Signature Instructions for Small Cell Master License Agreement (Municipal Licensor) 1.Print 2 copies of the Agreement, in color and single-sided. Verizon Wireless does not accept 2-sided documents, and requires one original fully executed Agreement for its files. 2.Please do not fill in the date on Page 1 (which should be the date of the last signature to the Agreement) unless Verizon Wireless has already signed. 3.Please do not make any handwritten or typed changes within the Agreement. Verizon Wireless will not sign documents with interlineated changes. 4.Please sign within the signature block provided, and print the name and title of the signatory, and the date of signing. 5.The "Form of Supplement", attached as an Exhibit to the Small Cell Master License Agreement, does not need to be signed or dated by either party. This is the form of agreement which will be utilized for each small cell attachment. 6.Provide the Minutes from the City Council meeting approving the Agreement, and any related Resolution/Ordinance authorizing the execution of the Agreement. 7.Complete the IRS Form W-9 (attached). This form must be provided in order for Verizon Wireless to make the required payments under the Agreement. 8.Complete the Banking Set-Up Form (attached) if you want rent payments to be made by electronic funds transfer. A copy of a voided check must be provided with the completed form. 9.Please send all requested documents to the address listed below: Stinson Leonard Street LLP Attn: Anissa Christeson 1201 Walnut, Suite 2900 Kansas City, MO 64106 CORE/0762186.2998/138035140.1 CORE/0762186.2998/138035140.1 CORE/0762186.2998/138035140.1 CORE/0762186.2998/138035140.1 CORE/0762186.2998/138035140.1 CORE/0762186.2998/138035140.1 CORE/0762186.2998/138035140.1 CORE/0762186.2998/138035140.1