Dubuque Cellular Telephone, L.P. — Second Amendment to Lease Agreement 1575 West Third St.City of Dubuque
City Council Meeting
ITEM TITLE:
SUMMARY:
Copyrighted
September 3, 2024
Consent Items # 08.
Dubuque Cellular Telephone, L.P. — Second Amendment to Lease
Agreement for Equipment Upgrades and Extended Term for Cell Tower
Located at 1575 West Third Street
City Manager recommending City Council approval of a Second
Amendment to the Lease Agreement with Dubuque Cellular Telephone,
L.P. for the cell tower site lease on the City's property located at 1575
West Third Street Dubuque, IA 52001.
RESOLUTION Approving the Second Amendment to Lease
Agreement by and between the City of Dubuque and Dubuque Cellular
Telephone, L.P. for equipment upgrade and extended term
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Amendment No. 2 Supporting Documentation
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
AIFberka city
2007.2012.2013
2017*2019
SUBJECT: Dubuque Cellular Telephone, L.P. — Second Amendment to Lease
Agreement for Equipment Upgrades and Extended Term for Cell Tower
Located at 1575 West Third Street
DATE: August 27, 2024
City Engineer Gus Psihoyos is recommending City Council approval of a Second
Amendment to the Lease Agreement with Dubuque Cellular Telephone, L.P. for the cell
tower site lease on the City's property located at 1575 West Third Street Dubuque, IA
52001.
Dubuque Cellular Telephone, L.P. has requested to increase the antenna count from
fourteen (14) to fifteen (15) antennas. This Amendment will also include an additional
five (5) year extension and an increased rent rate for the additional antenna. The rent
will increase to $34,349.00 per year upon full execution of the Amendment. Rent will
continue with the yearly increase of the greater of CPI or 3% per the Lease Agreement.
The current Lease Agreement expires on January 31, 2029. With the additional five (5)
year term this Lease Agreement will then expire on January 31, 2034.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Barry Lindahl, Senior Counsel
Jennifer Larson, Chief Financial Officer
Marie Ware, Leisure Services Director
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: August 21, 2024
RE:
Dubuque
kard
Al-Amedcaatr
2007 • 2012 • 2013
Dubuque Cellular Telephone, L.P. — Second Amendment to Lease
Agreement for Equipment Upgrades and Extended Term for Cell Tower
Located at 1575 West Third Street
INTRODUCTION
The purpose of this memorandum is to recommend approval of a request from Dubuque
Cellular Telephone, L.P. to increase the antenna count from fourteen (14) to fifteen (15)
antennas to the cell tower site lease on the City's property located at 1575 West Third
Street Dubuque, IA 52001.
DISCUSSION
Dubuque Cellular Telephone, L.P. has requested to increase the antenna count from
fourteen (14) to fifteen (15) antennas. This Amendment will also include an additional
five (5) year extension and an increased rent rate for the additional antenna.
The current Lease Agreement expires on January 31, 2029. With the additional five (5)
year term this Lease Agreement will then expire on January 31, 2034. The attached
Amendment has been reviewed by Senior Council Barry Lindahl.
BUDGET IMPACT:
The rent will increase to Thirty -Four Thousand Three Hundred Forty -Nine Dollars and
00/00 ($34,349.00) per year upon full execution of the Amendment. Rent will continue
with the yearly increase of the greater of CPI or 3% per the Lease Agreement.
ACTION TO BE TAKEN
I respectfully request the approval of the attached Second Amendment to Lease
Agreement with Dubuque Cellular Telephone, L.P.
cc: Barry Lindahl, Senior Counsel
Gus Psihoyos, City Engineer
Jennifer Larson, Budget Director
Marie Ware, Leisure Services Manager
Prepared by Tracy Schadle City of Dubuque Engineering 50 W. 13'" St. Dubuque, IA 52001 (563) 589-4270
Return to Adrienne N. Breitfelder City Clerk City of Dubuque, 50 W. 131h St. Dubuque, IA 52001 (563) 589-4100
RESOLUTION NO. 267 - 24
APPROVING THE SECOND AMENDMENT TO LEASE AGREEMENT BY AND
BETWEEN THE CITY OF DUBUQUE AND DUBUQUE CELLULAR TELEPHONE, L.P.
FOR EQUIPMENT UPGRADE AND EXTENDED TERM
WHEREAS, The City of Dubuque, Iowa and Dubuque Cellular Telephone, L.P.
entered into a Lease Agreement dated February 1, 1999, as amended, for the cell tower
site at 1575 West Third Street (the Site); and
WHEREAS, Dubuque Cellular Telephone, L.P. has requested an amendment to
the Lease Agreement to increase the antenna count from fourteen (14) to fifteen (15)
antennas at the Site as set forth in the attached Second Amendment; and
WHEREAS, the Second Amendment will also extend the Lease Term an additional
five (5) years and the Lease Agreement will expire on January 31, 2034; and
WHEREAS, the Second Amendment also approves an increase rent rate for the
additional antenna and extended term for the Lease Agreement.
WHEREAS, the City Council finds that it is in the best interest of the City of
Dubuque to approve the Second Amendment.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, AS FOLLOWS:
SECTION 1. The Second Amendment to the Lease Agreement attached hereto is
hereby approved.
SECTION 2. The City Manager is hereby authorized and directed to sign the
Second Amendment on behalf of the City of Dubuque.
Passed, approved and adopted this 3rd day of September 2024.
Attest:
Adrienne N. Breitfelder, City Clerk
Brad M. Cavanagh - or
Tenant site: Dubuque DT/355307
SECOND AMENDMENT
TO
WATER TANK & GROUND SPACE LEASE
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE CELLULAR TELEPHONE, LP
This Second Amendment to Water Tank & Ground Spacq Lease ("this
Amendment"), dated for reference purposes the 6 day of u4 , 2024,
is made and entered into by and between the City of Dubuque, loth, whose address is
50 W. 1311" Street, Dubuque, Iowa 52001-4845 ("Lessor") and Dubuque Cellular
Telephone, L.P., a Delaware limited partnership, having an address Attention: Real Estate
Lease Administration, 8410 West Bryn Mawr Avenue, Chicago, Illinois, 60631 ("Lessee").
WHEREAS, Lessor and Lessee entered into the Water Tank & Ground Space
Lease, dated February 1, 1999 ("the Lease"); and
WHEREAS, pursuant to the Lease, Lessor has leased to Lessee certain
attachment locations on Lessor's water tower for Lessee's cellular common carrier mobile
radio station operations and ground space (the "Site") located at 1575 West Third Street,
Dubuque, Iowa 52001.
WHEREAS, Lessee is requesting to modify its equipment ("Modifications") to
increase Lessee's antenna count from (14) fourteen to (15) fifteen antennas and the
Lessor is -agreeable to Lessee's request.
NOW, THEREFORE, in consideration of the terms of the Lease and this
Amendment, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Lessor and Lessee agree as follows:
Section 1. Section 2 is amended to read as follows: Lessee having exercised its
two additional five-year extensions is hereby granted an additional option to renew this
Lease for one (1) five-year term upon a continuation of all the same provisions hereof,
by giving written notice to Lessor of Lessee's exercise of this option at least sixty (60)
days before the expiration of the term then present at the time of such notice. If exercised,
the additional extension will result in a new expiration date of January 31, 2034.
Section 2. Section 3 (i) and (ii) are amended as follows:
(i) Effective the first full month after commencement of construction the
—Modifications, the rent will adjust to Thirty-four Thousand Three-Hundred-
1
Tenant site: Dubuque DT/355307
and Forty-nine Dollars and 00/100 ($34,349.00) per year. Future rent
increases will continue to increase as per the Lease.
(ii) The following sentence will be added to end of sub -section 3 a: Rent for
any partial year will be prorated.
Section 3. Section 4. a, is hereby amended to read as follows:
a. Lessee shall use the Premises for the installation, operation, and
maintenance of its Wireless Telecommunications Antenna Facility for the
transmission, reception and operation of a communications system and
uses incidental thereto and for no other uses. Lessee may erect and
operate_up toiifteen (15), panektype, directional antennas Lessor may
permit others to use other portions of the Catwalk or the owned
Premises.
Section 4. Lease Exhibit C-1 is hereby deleted and replaced with the attached
Exhibit C-2. Work will be completed in accordance with Dubuque DT (355307) Dubuque,
Iowa C-Band Addition Drawings + B5 Radio Replacement 128.5' Water Tank, dated
8/3/2023, sheets 1-16, rev.1.
Section 5. Except as amended herein, all other terms of the Lease as amended
remain unchanged and in full force and effect.
IN WITNESS
Amendment as of the
LESSOR:
CITY OF DUBUQUE,
By:
WHEREOF, Lessor and Lessee have executed this Second
last signature date below.
IOWA
Printed: Michael C. Van Milligen
Title: City Manager
90/0)y
Date:
LESSEE:
DUBUQUE CELLULAR TELEPHONE, LP,
By: United States Cellu/ar
Operatin omp ny of Dubuque
Its: Gener er
Printed:/4 ,l �V.�jhit
Title: VI a ('a'
Date: ."�I �' a ' 4J idt02
[NOTARY PAGE TO FOLLOW]
2
Tenant site: Dubuque DT/355307
STATE OF IOWA
COUNTY OF CCDUBUQUE
On this) day of , 2024, before me a Notary Public in and for the
State of Iowa, personally appeared Michael C. Van Milligen, to me personally known, who
being duly sworn, did say that he is the City Manager of the City of Dubuque, Iowa, a
Municipal corporation, created and existing under the laws of the State of Iowa, and that
the seal affixed to the foregoing instrument is the seal of said Municipal corporation, and
that said instrument was signed and sealed on behalf of said Municipal corporation by
authority and resolution of its City Council and said City Manager acknowledged said
instrument to be the free act and deed of said Municipal corporation by it and by him
voluntarily executed.
)
)
STATE OF ILLINOIS
COUNTY OF COOK
)
ST1EPHAgNIE A. VALENTINE
Ccmrtikr,ia;; MwJber,791714
My COWL Exp.
)
)
)
Notary Public
My commission expires y a2Qai
7
I, the underTign d, g.,r o ary public in and for the State and County aforesaid, do hereby
certify that IV1 la) / j})t 11%1t,Vt , Vice President, known to me to be the same
person whose name is subscribed to the foregoing Second Amendment to Water Tower
and Ground Space Lease, appeared before me this day in person and acknowledged
that, pursuant to his authority, he signed the said Amendment as his free and voluntary
act on behalf of the named Tenant limited liability company, for the uses and purposes
therein stated.
Given under my hand and seal this (2 day of
OFFICIAL SEAL
DENISE M DOYLE
1 NOTARY PUBLIC. STATE OF ILLINOIS
MY COMMISSION EXPIRES. 05/16/2027
My commission expires S - /4. &Z7
3
, 2024.
"ii--(--
Notary Public
Tenant site: Dubuque DT/355307
EXHIBIT C-2
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Tenant site: Dubuque DT/355307
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Tenant site: Dubuque DT/355307
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