First Amendment to Lease Agreement by and Among The City of Dubuque, Iowa, Dubuque Metropolitan Area Solid Waste Agency, and Radio Dubuque, Inc.City of Dubuque
City Council Meeting
Consent Items # 011.
Copyrighted
June 3, 2024
ITEM TITLE: First Amendment to Lease Agreement by and Among The City of
Dubuque, Iowa, Dubuque Metropolitan Area Solid Waste Agency, and
Radio Dubuque, Inc.
SUMMARY: City Manager recommending City Council approval of the First
Amendment to Lease Agreement by among The City of Dubuque, Iowa,
Dubuque Metropolitan Area Solid Waste Agency, and Radio Dubuque,
I nc.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Lease Document Supporting Documentation
THE CITY OF
Dubuque
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All -America City
Masterpiece on the Mississippi
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: First Amendment to Lease Agreement by and Among The City of
Dubuque, Iowa, Dubuque Metropolitan Area Solid Waste Agency, and
Radio Dubuque, Inc.
DATE: May 29, 2024
Public Works Director Arielle Swift is recommending City Council approval of the First
Amendment to Lease Agreement by and among The City of Dubuque, Iowa, Dubuque
Metropolitan Area Solid Waste Agency, and Radio Dubuque, Inc.
The lease agreement by and Among the City, the Agency, and Radio Dubuque, Inc.
provides for access on the tower for:
• Water meter data collection equipment for the City of Dubuque.
• Camera Equipment to monitor the active landfill cell for the Agency.
Data relay equipment for both parties.
At their June 2023 regular board meeting, the Dubuque Metropolitan Area Solid Waste
Agency approved permitting activities related to the expansion of the landfill to include
the area currently occupied by a tower owned by Radio Dubuque, on land leased by
Radio Dubuque from the Agency. The current lease agreement for space on the tower
is renewed in three-year cycles. This amendment reduces the renewal term to one-year
annually on the anniversary date, unless notice to terminate is provided by either party
in writing at least sixty (60) days prior to the end of the current term.
The reduction in the renewal term offers the City and Agency flexibility to explore
options for the relocation of their respective equipment as the Agency works with Radio
Dubuque on relocation of their tower outside the proposed permitted expansion area.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
k�4
Mic ael C. Van Milligen
MCVM-sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Arielle Swift, Public Works Director
Chris Kohlmann, Chief Information Officer
Kenneth Miller, DMASWA Administrator
Joe Mayne, DMASWA Site Supervisor
Christopher Lester, Water Department Director
THE CITY OF
Dubuque
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All-Ameria Cif
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Masterpiece on the Mississippi
2007-2012.2013
2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Arielle Swift, Public Works Director
SUBJECT: First Amendment to Lease Agreement by and Among The City of Dubuque, Iowa,
Dubuque Metropolitan Area Solid Waste Agency, and Radio Dubuque, Inc.
DATE: May 24, 2024
INTRODUCTION
The purpose of this memorandum is to request approval of the First Amendment to Lease Agreement by
and Among The City of Dubuque, Iowa (City), Dubuque Metropolitan Area Solid Waste Agency (Agency),
and Radio Dubuque, Inc.
BACKGROUND
The lease agreement by and Among the City, the Agency, and Radio Dubuque, Inc. provides for access
on the tower for:
• Water meter data collection equipment for the City of Dubuque.
• Camera Equipment to monitor the active landfill cell for the Agency.
• Data relay equipment for both parties.
At their June 2023 regular board meeting, the Agency approved permitting activities related to the
expansion of the landfill to include the area currently occupied by a tower owned by Radio Dubuque, on
land leased by Radio Dubuque from the Agency. The current lease agreement for space on the tower is
renewed in three-year cycles.
DISCUSSION
At their April 26, 2024, regular board meeting, the Board of Directors approved a resolution authorizing
the Chairperson to execute the amended lease on behalf of the Agency. This amendment reduces the
renewal term to one-year annually on the anniversary date, unless notice to terminate is provided by either
party in writing at least sixty (60) days prior to the end of the current term.
The reduction in the renewal term offers the City and Agency flexibility to explore options for the relocation
of their respective equipment as the Agency works with Radio Dubuque on relocation of their tower outside
the proposed permitted expansion area.
REQUESTED ACTION
I respectfully request approval of the First Amendment to Lease Agreement by and Among The City of
Dubuque, Iowa, Dubuque Metropolitan Area Solid Waste Agency, and Radio Dubuque, Inc.
CC: Chris Kohlmann, Chief Information Officer
Kenneth Miller, DMASWA Administrator
Joe Mayne, DMASWA Site Supervisor
Christopher Lester, Water Department Manager
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FIRST AMENDIVIENT
TO
LEASE AGREEMENT
GY AND AMONG
THE CITY OF DUBUQUE, IOWA,
DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY
AND
RADIO DUBUQUE, INC.
This First Amendment to Lease Agreement, dated for reference purposes the
day of 6 /; , 2024, is made and entered into by and between the City of
Dubuque, Iowa (City), Dubuque Area Solid Waste Agency (DMASWA) and Radio
Dubuque, Inc.
Whereas, City and DMASWA, as Lessors, and Radio Dubuque, Inc., as Lessee,
entered into a Lease Agreement dated April 6, 2012; and
Whereas, Lessors and Lessee now desire to amend the Lease Agreement as set
forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
Section 1. Section 4 is amended to read as follows:
SECTION 4. TERM. The Term of this Agreement shall be from the 61h day of April
2012 to midnight on the 6th of May 2024 ("the Initial Term"). The Term shall automatically
renew annually on the 6th day of April unless either party gives the other notice in writing
at least sixty (60) days prior to the end of the current Term.
Section 2. AlI other terms and conditions shall remain in full force and effect.
CITY OF DUBUQUE, IOWA
By:
is Mayor��
DUBUQUE METROPOLITAN AREA SOLID WASTEAGENCY
By:
ft"s Ch'aira,erson
RADIO DU,B;I!JQUE, I
By /
lts Oener/al Ma