Communications Facility License Agreement: NCWPCS MPL 29 - Year Sites Tower Holdings LLC (Louis Murphy Park Cell Tower)City of Dubuque
City Council
Copyrighted
July 20, 2026
ITEMS SET FOR PUBLIC HEARING # 1.
ITEM TITLE: Communications Facility License Agreement: NCWPCS MPL
29 — Year Sites Tower Holdings LLC (Louis Murphy Park Cell
Tower)
SUMMARY: City Manager recommending City Council hold a public
hearing on August 3, 2026, on the Communications Facility
License Agreement by and between the City of Dubuque and
NCWPCS MPL 29 — Year Sites Tower Holdings LLC.
RESOLUTION Setting A Public Hearing To Consider The
Communications Facility License Agreement By And
Between The City Of Dubuque And NCWPCS MPL 29 — Year
Sites Tower Holdings LLC For Real Property Located In The
City Of Dubuque, Iowa
SUGGUESTED Receive and File; Adopt Resolution(s), Set Public Hearing for
DISPOSITION: August 3, 2026
ATTACHMENTS:
1. MVM Memo Communications Facility License Agreement_ NCWPCS MPL 29 —
Year Sites Tower Holdings LLC (Louis Murphy Park Cell Tower)
2. Staff Memo —Louis Murphy Park Cell Tower _07-07-2026
3. Approving Lease Set PH Resolution _07-07-2026
4. Notice of Public Hearing_Cell Tower Lease_07-07-2026
5. Communications Facility License Agreement _NCWPCS MPL 29 0 Years Sites
Tower Holdings LLC - 1700 S. Grandview Ave.
Page 788 of 1061
Dubuque
THE CITY OF
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Communications Facility License Agreement: NCWPCS MPL 29 — Year
Sites Tower Holdings LLC (Louis Murphy Park Cell Tower)
DATE: July 14, 2026
Senior Counsel Barry Lindahl is recommending City Council hold a public hearing on
August 3, 2026, on the Communications Facility License Agreement by and between the
City of Dubuque and NCWPCS MPL 29 — Year Sites Tower Holdings LLC.
Material terms in the new agreement include the following:
• New license agreement format
• Proposed Rent: $40,000 plus CPI but not to exceed 5%
■ Current Rent: $29,315.94 plus 3.5% or CPI
• 5-year term commencing October 10, 2026; 4 5-year extensions
• Colocation fee is 50% of colocation revenue, 25% for existing Verizon fee
• Updated bond and insurance requirements
I concur with the recommendation and respectfully request Mayor and City Council
approval.
1�,A� 4 V��-
Mic ael C. Van Milvligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Barry Lindahl, Senior Counsel
Page 789 of 1061
THE CITY OF
DUB TEE
Masterpiece on the Mississippi
BARRY A. LINDAHL, ESQ.
SENIOR COUNSEL
MEMO
To: Michael C. Van Milligen
City Manager
DATE: July 20, 2026
Dubuque
AII•Ameriea City
2007-2012.2013
2017*2019
RE: Communications Facility License Agreement: NCWPCS MPL 29 — Year
Sites Tower Holdings LLC (Louis Murphy Park Cell Tower)
Attached is a resolution setting a public hearing on the Communications Facility License
Agreement by and between the City of Dubuque and NCWPCS MPL 29 — Year Sites
Tower Holdings LLC.
In 2001, the City of Dubuque leased property in Louis Murphy Park to Telecorp Realty,
L.L.C. for the construction and installation of a cellular radio -communications antennae
facility. The site now includes ground space and access easements, a 190' monopole
wireless communications tower, 12 panel antennae located on the tower and related
cables, and equipment cabinets. See attached photos. The lease with extensions expires
October 29, 2026.
AT&T acquired Telecorp Realty, L.L.C. in 2001. The lease was eventually assigned to
NCWPCS MPL 29 — Year Sites Tower Holdings LLC and is managed and operated by
CCATT LLC, a subsidiary of Crown Castle International.
The City of Dubuque has a number of cell tower leases. See Attachment. Many of the
leases date back to the early 2000s and were often on terms drafted by and favorable to
the cell companies.
We retained the services of the law firm of Best Best and Krieger, a nationally recognized
consulting firm for cell tower agreements. We were particularly interested in the current
market rate for cell tower agreements. We discovered that our cell tower leases were
generating less than market rate lease payments.
Based on discussions with the consultant, we also concluded that any new cell tower
agreements should be license agreements rather than leases. The consultant provided a
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org
Page 790 of 1061
draft of a Communications Facility License Agreement which we now intend to use for
new cell towers and renewals.
Attached is the first opportunity to implement the new Communications Facility License
Agreement with the lessee of the Louis Murphy Park cell tower: NCWPCS MPL 29 — Year
Sites Tower Holdings LLC.
Material terms in the new agreement include the following:
• New license agreement format
• Proposed Rent: $40,000 plus CPI but not to exceed 5%
■ Current Rent: $29,315.94 plus 3.5% or CPI
• 5-year term commencing October 10, 2026; 4 5-year extensions
• Colocation fee is 50% of colocation revenue, 25% for existing Verizon fee
• Updated bond and insurance requirements
I recommend that the attached Resolution setting a public hearing on the the
Communications Facility License Agreement be submitted to the City Council for
consideration and adoption.
cc: Crenna Brumwell, City Attorney
Jim Bousley, Project Manager
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL tsteckle@cityofdubuque.org
Page 791 of 1061
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OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL tsteckle@cityofdubuque.org
Page 794 of 1061
CELL TOWER LIST
Address:
Lessee:
Start Date:
Expiration Date:
3rd Street Water Tower
1525 W. 3rd
AT&T
5/21 /2001
6/13/2041
1575 W. 3rd
T-Mobile
9/8/1999
9/30/2029
1575 W. 3rd
Comelec Internet
Services, LLC
10/27/2021
2036
1574 W. 3rd
Dubuque Cellular
Telephone L.P. d/b/a
United States Cellular
Wireless Communications
2/1/1999
1/31/2034
Murphy Park
1700 S. Grandview
NCWPCS MPL 29
8/2/2001
8/2/2026
Pennsylvania Avenue Water Tower
4136 Pennsylvania Ave.
T-Mobile Central LLC
2/18/2008
2038
Madison Park
1824 N. Main Street
GrainComm III
4/23/2008
2038
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL tsteckle@cityofdubuque.org
Page 796 of 1061
Prepared by Barry A. Lindahl, Senior Counsel, 300 Main St., Ste 330, Dubuque, IA 52001, (563) 589-4113
Return to Barry A. Lindahl, Senior Counsel, 300 Main St., Ste 330, Dubuque, IA 52001, (563) 589-4113
SETTING A PUBLIC HEARING TO CONSIDER THE COMMUNICATIONS FACILITY
LICENSE AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND NCWPCS
MPL 29 — YEAR SITES TOWER HOLDINGS LLC FOR REAL PROPERTY LOCATED
IN THE CITY OF DUBUQUE, IOWA
WHEREAS, the City of Dubuque, Iowa (City) has tentatively entered into a
Communications Facility License Agreement with NCWPCS MPL 29 — Year Sites Tower
Holdings LLC (the License Agreement), subject to City Council approval, under which
NCWPCS MPL 29 — Year Sites Tower Holdings LLC will be granted a license for
following -described real property on in Dubuque County, Iowa (the Property):
Lots 10, 11, 12 and 13 of Rowan's Addition in the City of Dubuque, Iowa, according
to the recorded plat thereof
Locally known as 1700 South Grandview Ave., Dubuque, Iowa 52003
; and
WHEREAS, the City Council finds that it is in the best interest of the City of
Dubuque to approve the License Agreement, subject to the required public hearing.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, AS FOLLOWS:
SECTION 1. The City Clerk is hereby authorized and directed to cause this
Resolution and a Notice to be published as prescribed by Iowa Code Section 364.7 of a
public hearing on the City Council's intent to approve the proposed License Agreement,
to be held on the 3rd day of August, 2026 at 6:30 p.m., to be held at 350 West 6t" Street,
for the purpose of receiving public input and comment regarding the proposed License
Agreement between the City of Dubuque and NCWPCS MPL 29 — Year Sites Tower
Holdings LLC.
SECTION 2. The City Council will meet at said time and place for the purpose of
taking action on the matter of authorizing the Lease Agreement by and between the City
of Dubuque, Iowa and NCWPCS MPL 29 — Year Sites Tower Holdings LLC.
SECTION 3. The City Clerk is hereby directed to cause at least one publication to
be made of a notice of said meeting, in a newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in said City, said
publication to be not less than four days nor more than twenty days before the date of
said meeting.
Passed, approved and adopted this 20th day of July, 2026.
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Attest:
Adrienne N. Breitfelder, dity Clerk
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public
hearing on the 17t" day of August, 2026, at 6:30 p.m., in the Historic Federal Building,
350 W. 61" Street, 2nd floor, Dubuque, Iowa, at which meeting the City Council proposes
to consider the Communications Facilities License Agreement by and between the City
of Dubuque, Iowa and NCWPCS MPL 29 — Year Sites Tower Holdings LLC for the real
property legally described as follows:
Lots 10, 11, 12 and 13 of Rowan's Addition in the City of Dubuque, Iowa, according to
the recorded plat thereof
Locally known as 1700 South Grandview Ave., Dubuque, Iowa 52003
At the meeting, the City Council will receive oral and written comments from any
resident or property owner of said City to the above action. The official City Council
agenda will be posted the Friday before the meeting and will contain public input
options. The agenda can be accessed at https://dubugueia.portal.civicclerk.com/ or by
contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org.
Written comments on the public hearing may be submitted to the City Clerk's Office by
email at ctyclerk@cityofdubuque.org or by mail to City Hall, 50 W. 13t" St., Dubuque, IA
52001, before the scheduled hearing. The City Council will review all written comments
at the time of the hearing.
Documents related to the public hearing are on file in the City Clerk's Office and may be
viewed Monday through Friday between 8.00 a.m. and 5:00 p.m.
Individuals requiring special assistance should contact the City Clerk's Office as soon
as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or
(800) 735-2942.
Published by order of the City Council given on the 3rd day of August, 2026.
Adrienne N. Breitfelder, CIVIC, City Clerk
Page 799 of 1061
Dubuque Site Name:
Licensee Site Name: LOUIS MURPHY PARK RAWLAND
Licensee Site No.: 844409
CITY OF DUBUQUE
COMMUNICATIONS FACILITY LICENSE AGREEMENT
(NCWPCS MPL 29 - Year Sites Tower Holdings LLC —1700 South Grandview Ave,
Dubuque, IA 52003)
THIS LICENSE AGREEMENT ("License") is dated and made effective as of the date of
the last party to sign, by and between the City of Dubuque, an Iowa municipal corporation with
its principal offices located at 50 W. 13th Street, Dubuque, IA 52001 ("City"), and NCWPCS
MPL 29 - Year Sites Tower Holdings LLC, a Delaware limited liability company, by and
through CCATT LLC, a Delaware limited liability company, its attorney in fact, with a mailing
address of 2000 Corporate Drive, Canonsburg, PA 15317 ("Licensee"). City and Licensee are
sometimes referred to in this License Agreement individually as a "Party" or jointly as "Parties."
The term "License" used in herein means this License Agreement and any amendments to this
License Agreement as may be executed between the Parties in accordance with the terms herein.
Licensor and Licensee are parties to that certain Telecommunications & Ground Space
Lease dated August 2, 2001 (the "Original Agreement"), whereby Licensee leases the Licensed
Area (defined below) from City. City and Licensee desire to replace the Original Agreement with
this License upon expiration of the Original Agreement on October 9, 2026.
In consideration of the mutual covenants contained herein and intending to be legally
bound hereby, the Parties hereto agree as follows:
LICENSE
Section 1. Subject to the terms and conditions hereinafter set forth, City grants
Licensee a license to install, operate mid maintain its Communications Facility, as particularly
described in Exhibit B hereto, on a portion or portions of that certain real property owned by the
City located at 1700 South Grandview Avenue, Dubuque, IA 52003 and as legally described in
Exhibit A attached hereto ("Property") as designated and approved -by City. The site plan attached
as Exhibit C depicts the specific dimensions, appearance, equipment, including generators, and
approved location of the Communications Facility on the Property to be used by Licensee under
this License ("Licensed Area"). The Licensed Area includes (i) approximately six thousand eight
hundred seventy-four (6,874) square feet of designated surface ground space and one hundred
ninety (190) feet above ground; and (iii) access and utility routes all as depicted in Exhibit C.
Notwithstanding City's approval of Licensee's use of the Licensed Area or the Property, nothing
in this License may be deemed to grant, convey, create, or vest in Licensee a real property
ownership interest in land. The term "Communications Facility" as used in this License shall
include all antennas, facilities, structures, foundations, pads, cables, conduits and equipment and
utilities that Licensee erects, installs and/or uses on or under the Property, as authorized and listed
in Exhibit B, as may be modified from time to time in accordance with this License.
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Dubuque Site Naive:
Licensee Site Name: LOUIS MURPHY PARK RAWLAND
Licensee Site No.: 844409
All Parties acknowledge that City, in executing this License, is acting only in its proprietary
capacity as the owner of the Properly and Licensed Area, and not in any regulatory fashion.
Licensee shall not consider this License as approval of any applicable permits, licenses or other
governmental approvals required for the construction or operation needed for the use described
herein.
Section 2. Access License. Licensee shall have the right of non-exclusive ingress and
egress to the Licensed Area, seven (7) days a week, twenty-four (24) hours a day, via foot or motor
vehicle via the access area delineated as such in Exhibit C, in order to install, operate, and maintain
the Communications Facility, subject to the limitations set forth below. Prior to accessing the
Licensed Area, Licensee shall provide both written notice to the City Manager by email to
etymgr@cityofdubuque.org, and by phone at (563) 589-4110 at least twenty-four (24) hours in
advance, except in the event of a bone fide emergency affecting the health, safety, and welfare of
the Property's occupants or the operational integrity of the Communications Facility, in which
case Licensee shall provide notice to City as soon as reasonably possible after such emergency
access. All access to the Licensed Area by Licensee shall be subject in each instance to all permits,
ordinances, as well as any local, state, and federal laws ("Laws") in addition to this License. City
shall keep the street access to the Licensed Area reasonably clear of snow and ice as soon as
reasonably practicable after each snowfall. Further, when City's access to a site is established
through an access easement over third party property to the Property ("Access Easement"), nothing
herein shall be deemed to be a representation or warranty by City that its interest or other rights to
use the Access Easement is sufficient to permit its use for Licensee's purposes, and Licensee shall
be deemed to gain only those rights to use as are properly in City and as City may have the
undisputed right and power to give Licensee. Licensee assumes the risk of any challenge, claim,
litigation or damage, asserted in connection with Licensee's use of the Access Easement for ingress
and egress to the Property and releases City from any and all responsibility, claim, damage, related
to or in connection with Licensee's use of the Access Easement, except to the extent such
challenge, claim, litigation or damage is caused by willful misconduct of City or person(s) acting
under City. if City's continued use of the Access Easement is challenged or threatened in any way
by Licensee's use of the Access Easement, upon notice from City, Licensee shall cease ingress
and egress to the Property until such time as the challenge or threat to City's continued use of the
Access Easement is resolved which may require Licensee to obtain any necessary approvals,
licenses or easements from the third -party property owner at its sole cost and expense.
Section 3. Permitted Use. Licensee may transmit and receive communication signals
and install, operate and maintain the Communications Facility in the Licensed Area in accordance
with the site plan and dimension sketch of the Communications Facility in Exhibit C hereto.
Licensee may remove, repair or perform like -for -like replacements of its Communications Facility
without City's prior consent, subject to the access rules in this License and provided such like -for -
like replacements consist only of swapping out of equipment and/or antennas of the same or
substantially similar size, dimensions, shape, and color. Licensee may not install any other
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Page 801 of 1061
Dubuque Site Name:
Licensee Site Name: LOUIS MURPHY PARK RAWLANB
Licensee Site No.: 844409
facilities or equipment of any kind that is not otherwise described in Exhibit B and depicted on
Exhibit C or otherwise intensify, expand, or alter its use of the site or the Communications Facility
without City's prior written consent which shall not be unreasonably withheld, conditioned or
delayed. Licensee acknowledges that the primary purpose of the Property is to serve as a valuable
asset to the community of Dubuque and the City itself, and Licensee's use of the Property shall be
subject to City's paramount rights ("Paramount Rights") to use the Property for any and all current
and future uses necessary for City's municipal needs. If City determines that Licensee is physically
interfering with such use, City shall notify Licensee and Licensee shall cease such physical
interference within twenty-four (24) hours; provided that the rights granted to Licensee by this
License, and Licensee's exercise of any rights granted by this License, shall not be deemed
physical interference. In case of an emergency, City may take steps to eliminate such physical
interference without prior notice to Licensee and Licensee shall reimburse City for any and all
reasonable costs incurred to eliminate such physical interference within thirty (30) days following
receipt of an invoice together with invoices and receipts documenting such costs.
Section 3.1. Any required permits or approvals for the Communication Facility
shall be obtained and/or maintained by Licensee at Licensee's sole expense. Furthermore, it is
understood and agreed that Licensee obtained, prior to construction of Communication Facility,
all of the certificates, permits, authorizations, and other approvals required by any federal, state,
or local authorities (collectively, the "Governmental Approvals"; individually, a "Governmental
Approval"). All Parties acknowledge that the City executes this agreement solely as the landlord
for the property, not as a regulatory authority. City agrees to reasonably cooperate with Licensee
in obtaining and maintaining, at Licensee's expense (including reimbursement of City's reasonable
attorney and administrative fees, if any), any Governmental Approvals required for, or
substantially required by, Licensee's use of the Licensed Premises; provided that City shall bear
no responsibility or liability under this License for Licensee's inability to make use ofthe Licensed
Area for the Communication Facility due to a failure to obtain any required permit, authorization,
or approval.
Section 4. License Term; Renewal Term. The initial term of this License shall be
five (5) years ("Initial Term"), commencing on October 10, 2026 (the "Effective Date"). The Initial
Term of this License shall expire at Midnight on the day before the fifth (5th) anniversary of the
Effective Date. Unless Licensee gives written notice of its intention not to extend the License to
City at least six (6) months prior to the end of the Initial Term or Renewal Term, as applicable and
then in effect, and provided Licensee is not in default under this License, this License shall
automatically be extended upon the expiration of the Initial Term, or Renewal Term, as applicable,
for four (4) additional terms of five (5) years each ("Renewal Term"), subject to all terms and
conditions of this License. The Initial Term and Renewal Term shall be collectively known as the
"Term".
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Dubuque Site Natne:
Licensee Site Name: LOUIS MURPHY PARK RAWLAND
Licensee Site No.: 844409
Section 5. License Fee; Increases; Late Payments. Commencing on the first day of
the month immediately following the Effective Date, Licensee shall pay City on or before the fifth
(5a') day of each October during the Term in advance, Forty Thousand and 00/100 Dollars
($40,000.00) ("License Fee"), at the address set forth above. In any partial month occurring after
the Effective Date, the License Fee will be prorated. Each year on the anniversary of the Effective
Date (the "Adjustment Date"), the annual License Fee shall increase annually based on the
Consumer Price Index published by the Bureau of Labor and Statistics of the United States
Department of Labor for all Urban Consumers, US City Average, All Items, Not Seasonally
Adjusted, Base Period 1982 84=100 ("CPI-U") indicator and shall be determined by dividing the
CPI-U indicator, published three (3) months prior to the Adjustment Date, by the CPI-U indicator
published one (1) year and three (3) months prior to the Adjustment Date, and multiplying the
resultant number by the annual License Fee amount of the most recent License Fee. In no event
shall the increase in the License Fee for any one (1) year period exceed five percent (5%) of the
most recent License Fee. In the event of a decrease in the CPI-U indicator, the License Fee will
increase by an amount equal to two percent (2%) over the amount of the License Fee in effect
immediately prior to such increase. The License Fee shall be payable without offset or deduction
by check sent to City's address specified below or to any other person or firm as City may, from
time to time, designate in writing at least sixty (60) days in advance of any License Fee due date.
If, at any time, Licensee fails to make timely payment within five (5) days following receipt of
written notice from City, interest shall accrue on the past due amount at the rate of five percent
(5%) per month or the maximum allowable by law, whichever is less, until the License Fee and all
accumulated interest is paid in full. This right to collect interest is in addition to all rights of City
to terminate this License for non-payment pursuant to Section 8 of this License.
Section 6. Holdover. If the Communications Facility or any part thereof is still on the
Property, or Licensee is still conducting any activities or operations on the Property, or is otherwise
using the Property without a written agreement with City after expiration of the License Term,
such possession or use shall be deemed a holdover use under the same terms and conditions of this
License, except that the License Fee shall be one hundred fifty percent (150%) of the License Fee
in effect at the expiration of the License Term and shall be payable it) advance in equal monthly
installments. Nothing contained herein shall grant Licensee the right to holdover after the
expiration of the License Term and notwithstanding the payment of license fees during the
holdover period, City shall have the right to require Licensee to vacate the Property at any time
upon thirty (30) days written notice.
Section 7. Intentionally omitted.
Section 8. City's Termination. In addition to other rights of termination and
revocation City has under this License, City may terminate this License prior to expiration of the
License Term in any of the following circumstances:
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Page 803 of 1061
Dubuque S ite Name:
Licensee Site Name: LOUIS MURPHY PARK RAWLAND
Licensee Site No.: 844409
Section 8.1 By giving Licensee twenty-four (24) months prior written notice, if
City determines in its sole discretion that the Licensed Area is necessary for the exercise of its
Paramount Rights at the Property or City decides to sell or otherwise dispose of its fee ownership
of the Property. Upon notice of termination under this Section, City shall make a good faith effort
to permit Licensee to relocate the Communications Facility to another of City's sites prior to
termination of the License, provided Licensee assumes all costs of any such relocation.
Section 8.2 If Licensee fails to pay the License Fee when due, City may, after
giving ten (10) days prior written notice to Licensee, terminate this License and seek other
remedies, as appropriate, under the laws of the State of Iowa, unless Licensee cures such default
by payment of the License Fee and accrued interest charges within such ten (10) day notice period.
Section 8.3 If Licensee fails to perform or observe any non -monetary terms or
conditions of this License, City may, after giving thirty (30) days prior written notice to Licensee,
terminate this License and seek other remedies, as appropriate, under the laws of the State of Iowa,
unless Licensee cures such default within such thirty (30) day notice period; provided that if the
nature of the cure requires more than thirty (30) days to cure, Licensee shall have such additional
time as reasonable necessary if Licensee commences the cure within the thirty (30) day period and
thereafter, diligently and continuously pursues cure to completion. Further, if City in its reasonable
discretion determines that the Communications Facility is in a state of disrepair which imminently
endangers the health and safety of City employees and other users of the Property, City may take
steps to address the situation immediately without prior notice to Licensee, provided that City shall
thereafter notify Licensee of the situation and steps taken to address the situation, and Licensee
shall reimburse City for its actual costs incurred to take such action within thirty (30) days
following receipt of an invoice together with documentation evidencing such costs.
Section 9. Licensee's Limited Termination Right. It is understood and agreed that
Licensee's ability to use the Property is contingent upon Licensee continually maintaining in full
force and effect, after the Effective Date, all the certificates, permits, and other approvals that are
required by any federal, state, or local authorities. In the event that any certificate, permit, license,
or approval issued to Licensee is canceled, expires, lapses, or is otherwise withdrawn or terminated
by any governmental authority so that Licensee is unable to use the Property for its intended
purposes, Licensee may terminate this License upon ninety (90) days written notice to City, except
that those terms that by their nature survive termination such as Licensee's obligations to remove
the Communications Facility and restore the Property, and the indemnity obligation shall survive
in accordance with the terms of this License. Licensee may terminate this License at any time for
any or no reason upon twenty-four (24) months' written notice to City.
Page 5 of 27
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Page 804 of 1061
Dubuque Site Name:
Licensee Site Name: LOUIS MURPHY PARK RAWLAND
Licensee Site No.; 844409
Section 10. Licensee's Installation, Ownership, Operation and Maintenance; FCC
Regulations, Emissions Testing; Compliance with Law.
Section 10.1 Licensee shall install, construct and maintain the Communications
Facility in accordance with this License and all Governmental Approvals.
Section 10.2 It is expressly understood and agreed that any and all fixtures and
equipment of whatsoever nature at any time constructed or placed on the Property by Licensee
shall be and remain the personal property of Licensee. Licensee shall have the right at any time
during the License Term to remove any and all fixtures and equipment owned or placed by
Licensee in, under, or upon the Licensed Area.
Section 10.3 Licensee, at Licensee's sole cost and expense shall keep and
maintain, or cause to be kept and maintained, the Communications Facility in a state of good
appearance and repair, reasonable wear and tear excepted. Upon City's written request, Licensee
shall complete all such work required to conform to this Section at its sole expense within thirty
(30) days of receipt of such notice. If Licensee fails to timely comply with this Section, City may
complete or cause to be completed the work, and Licensee shall reimburse City for such invoiced
costs within thirty (30) days of receipt of such invoice together with documentation evidencing
such costs.
Section 10.4 Licensee shall, at its sole cost and expense, protect, replace and
provide any landscaping required in its permits to shield the Communications Facility on the
Property and shall promptly replace any City landscaping damaged by Licensee's activities. Upon
City's written request, Licensee shall complete all such work at its sole expense within thirty (30)
days of receipt of such notice. If Licensee fails to timely comply with this Section, City may
complete or cause to be completed the work, and Licensee shall reimburse the City for such
invoiced costs within thirty (30) days of receipt of such invoice together with documentation
evidencing such costs.
Section 10.5 Licensee shall, at its sole cost and expense, repair any damage it may
cause to the Property, access areas, means of ingress or egress, or any Access Easement. Upon
City's written request, Licensee shall repair any such damage at its sole expense within thirty (30)
days of receipt of such notice. If Licensee fails to timely comply with this Section, City may
complete or cause to be completed the work, and Licensee shall reimburse City for such invoiced
costs within thirty (30) days of receipt of such invoice together with documentation evidencing
such costs.
Section 10.6 The parties acknowledge and agree Licensee has a separate meter
installed for Licensee's electrical power consumption and Licensee shall be solely responsible for
payment of all of its electrical utility costs. No other connection is authorized by this License, and
no other fuels of any type shall be used or stored by Licensee within the Licensed Area, except for
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Dubuque Site Name:
Licensee Site Name: LOUIS MURPHY PARK RAWLAND
Licensee Site No.: 844409
fuel contained within the internal gas tanks of the two (2) existing generators and any existing fuel
storage containers, without the advance written consent of City. If other fuels are used, Licensee
shall provide onsite containment with prior approval by City.
Section 10.7 In addition to compliance with specific laws otherwise described in
this License, Licensee shall comply, and will ensure that its contractors and representatives will
comply, with all applicable regulations and requirements of the FCC and the Iowa Utilities Board,
and all other applicable federal, state and local laws, ordinances, rules and regulations, including
health and safety requirements, pertaining to the construction, installation, operation and
maintenance of the Communications Facility and work on the Property during the License Term,
and in conjunction with any activities undertaken on the Property by Licensee either prior to the
Effective Date, or after expiration of this License. Applicable requirements of the federal
Occupational Safety and Health Administration (OSHA) and the Iowa Division of Occupational
Safety and Health (Iowa -OSHA), whichever is stricter, shall be adhered to at all times during any
activities on the Property by Licensee and its contractors or other representatives. Licensee shall
have a safety and injury prevention program in place for the construction, installation, operation
and maintenance of the Communications Facility and work on the Property, if required by laws or
regulations. If required by law or regulation, a copy of any such program shall be on the Property
at all times.
Section 11. Removal & Restoration. Within ninety (90) days of expiration or earlier
termination of the License, Licensee shall (1) remove all of the Communications Facility at its sole
expense and (2) repair any damage to the Licensed Area caused by such removal and shall return
the Licensed Area to the condition which existed before the Effective Date, reasonable wear and
tear excepted. Notwithstanding the above, prior to the expiration or earlier termination of the
License, City may retain any structures, conduits, or other improvements at the Property installed
or placed by Licensee or at Licensee's direction by mutual agreement with Licensee. If the
Licensee fails to timely remove its Communications Facility and restore the Licensed Area as
required by this Section, the City may, upon sixty (60) days' written notice to Licensee, complete
or cause to be completed the work, and Licensee shall reimburse the City for such invoiced costs
within thirty (30) days of receipt of such invoice together with documentation evidencing such
costs.
Section 12. Prior Communications Facilities on Property, City Communications
Systems; Non-interference.
Section 12.1 Licensee acknowledges and understands that there may be
communications facilities on Property that predate the Original Agreement belonging to one or
more third -parties (referred to as the "Prior User(s)") that has entered into an agreement(s) (the
"Prior Use Agreements)") with City, pursuant to which the Prior User(s) has(ve) been permitted
to install and operate communications equipment on the Property. Where applicable, Licensee
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Dubuque Site Name:
Licensee Site Name: LOUIS MURPHY PARR RAWLAND
Licensee Site No.: 844409
represents and warrants that prior to the execution of this License, Licensee has determined that
the Prior Users present no material interference with Licensee's intended use within the Licensed
Area.
Section 12.2 Licensee shall operate the Communications Facility in a manner that
will not cause harmful interference to (i) City's use of the Property, or (ii) any communications
equipment operated and/or owned by the Prior User(s) as of the Effective Date, provided that the
Prior User(s) operates its communications equipment in accordance with applicable law and the
terms of the Prior Use Agreement(s). If Licensee's Communications Facility causes such harmful
interference, Licensee will immediately take all reasonable steps necessary to correct and eliminate
the interference, including but not limited to, at Licensee's option, powering down such interfering
equipment and later powering up such equipment for intermittent testing. If such interference
cannot be corrected or powered down within two (2) days after Licensee is advised in writing of
such interference, City may require that Licensee cease (or cause the cessation of) operation of the.
interfering equipment until such interference can be so corrected at which time the operation of
such equipment may resume.
Section 12.3 Licensee further acknowledges that City assumes no risk or liability
for any interference with Licensee's use of the Property which results from the operation of
communications equipment on the Property by the Prior User(s) under the Prior Use Agreement(s)
and agrees that City shall be held harmless from claims due to any such interference, pursuant to
the indemnification terms set forth in Section 16 herein; provided that City shall use reasonable
efforts to resolve interference to Licensee's Communication Facility caused by Prior User(s).
Section 12.4 City reserves the right to license other portions of the Property to
third -parties during the License Term and City will impose substantively similar non-interference
obligation upon such third -parties. If the new -third party equipment on the Property causes
harmful interference with the Communications Facility, Licensee shall use reasonable efforts to
resolve the interference issues in cooperation with the owner and operator of the new equipment
without involving City personnel. If any such subsequent users cannot correct such harmful
interference within two (2) days of Licensee's written notification thereof to City, City shall
require such new third -party to power down the interfering equipment until such interference is
eliminated, and Licensee may terminate this License upon written notice to City and obtain a
refund of prepaid unused amo-unts of the License Fee, or seek injunctive or other legal relief
against/from such subsequent third -party users. The refund shall be Licensee's sole and exclusive
remedy and recovery as against City for any interference, and Licensee hereby waives any other
rights or remedies it may have at law or in equity against City related thereto. The Parties
recognize and agree that it is the intention of this Section 12 that City not become embroiled in
any disputes or proceedings between Licensee and any other users of the Property, and/or expend
funds as a result thereof.
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Dubuque Site Name:
Licensee Site Name: LOUIS MURPHY PARK RAWLAND
Licensee Site No.: 844409
Section 12.5 Nothing contained in this Section 12 or elsewhere in this License is
intended to confer any rights or remedies under, or by reason of this License on, or waive any
claims against, or adversely affect any rights of, any person or entity other than the Parties hereto.
Section 13. Performance Bond. On or before the Effective Date, Licensee shall obtain
a faithful performance bond, in the amount of One Hundred Thousand and 001100 Dollars
($100,000.00), from a bond company duly licensed to do business in the State of Iowa in favor of
City (the "Bond"). The Bond shall secure (1) Licensee's removal of its equipment from the
Licensed Area following the expiration or earlier termination of the License, and (2) the recovery
of any unpaid sums duly owed to City under this License. The Bond shall be maintained in force
by Licensee throughout the License Term. Licensee agrees to deliver to City a copy of the Bond
prior to commencement of construction activities on the Licensed Area (or if the License is a
renewal for a previously constructed facility, prior to full execution of the License). Prior to the
commencement of any Renewal Term, City and Licensee shall review the amount of the Bond to
assess whether the amount of the Bond is reasonably sufficient to cover then current removal and
restoration costs. If it is reasonably determined to be insufficient, Licensee shall obtain and
maintain in force a Bond for such additional amount that City reasonably determines to be
sufficient.
Section 14. Environmental.
Section 14.1 For purposes of this License, the term "Hazardous Substances"
means: (a) any substance, products, waste, or other material of any nature whatsoever which is or
becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), 42 United States Code Section 9601 et seq.; the
Resources Conservation and Recovery Act, 42 United States Code Section 6901 et seq.; the
Hazardous Materials Transportation Conservation and Recovery Act, 42 United States Code
Section 1801 et seq.; the Clean Water Act, 33 United States Code Section 1251 et seq.; the Toxic
Substances Control Act, 15 United States Code Section 2601 et seq.; all as amended; or any other
federal, state, or local statute, law, ordinance, resolution, code, rule, regulation, order or decree
regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous
Substance, now or at any time hereinafter in effect; (b) any substance, product, waste or other
material of any nature whatsoever which may give rise to liability under any of the above statutes
or tinder any statutory or common law theory based on negligence, trespass, intentional tort,
nuisance or strict liability or under any reported decisions of a state or federal court; (c) petroleum
or crude oil, other than petroleum and petroleum products which are contained within regularly
operated motor vehicles; and (d) asbestos.
Section 14.2 Except as otherwise specifically permitted under the terms of this
License, Licensee shall not use, create, generate, store, deposit, dispose of or allow any Hazardous
Substances on, tinder, about or within the Property or Licensed Area in violation of any federal,
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Dubuque Site Name:
Licensee Site Name: LOUIS MURPHY PARK RAWLAND
Licensee Site No.: 844409
state, or local law, rule, regulation, order, decree or other requirement listed in this Section 14.
Batteries for emergency power and fuel for temporary generators during power outages may only
be used or stored on -site with the prior written approval of City. On site use, but not storage, of
ordinary paints, solvents and similar substances commonly used in small quantities and necessary
for maintenance of Licensee's Communications facility are excepted from the preceding
prohibition of use by Licensee of Hazardous Substances on the Licensed Area and the Property,
so long as Licensee complies with all applicable federal, state and local laws rules and regulations
governing the use of such items.
Section 14.3 Unless listed in Exhibit B, no underground or above ground storage
tanks shall be installed on Licensed Area.
Section 14.4 City or its officers, employees, contractors, or agents shall at all
times have the right to go upon and visually inspect the Licensed Area and the operations
conducted thereon to assure compliance with the requirements herein stated. This inspection may
also include taking samples for chemical analysis of substances and materials present and/or
testing soils on the Licensed Area and taking photographs. Except in case of emergency, City will
not enter the Licensed Area without providing Licensee with seventy-two (72) hours' notice and
the opportunity to have a representative present.
Section 14.5 Licensee shall, within forty-eight (48) hours of the discovery by
Licensee of the release of, or believed release of, a Hazardous Substance (as defined herein) by
Licensee, give written notice to City in the event that Licensee knows or has reasonable cause to
believe that any release of Hazardous Substance has come or will come to be located on, under,
about or within the Licensed Area. The failure to disclose in a timely manner the release of a
Hazardous Substance by Licensee, including but not limited to, an amount which is required to be
reported to a state or local agency pursuant to law shall be grounds for termination of this License
by City in addition to actual damages and other remedies provided by law. Licensee shall
immediately clean up and completely remove all Hazardous Substances placed by Licensee on,
under, about or within the Licensed Area or the Property, in a manner that is in all respects safe
and in accordance with all applicable laws, rules and regulations.
Section 14.6 In the event a release of Hazardous Substances on the Property by
Licensee are discovered, Licensee shall disclose to City the specific information regarding
Licensee's discovery of any Hazardous Substances placed on, under, about or within the Licensed
Area or the Property by Licensee, and provide written documentation of its safe and legal disposal.
Section 14.7 Breach of any of these covenants, terms, and conditions, and
Licensee's failure to cure within thirty (30) days of Licensee's receipt of written notice from City,
shall give City the authority to either immediately terminate this License or to shut down
Licensee's operations thereon, at the sole discretion of City. In either case, Licensee will continue
to be liable under this License to remove and mitigate all Hazardous Substances placed by Licensee
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Dubuque Site Naine:
Licensee Site Name: LOUIS MURPHY PARK RAWLAND
Licensee Site No.: 844409
on, under, about or within the Licensed Area or the Property. Licensee shall be responsible for,
and bear the entire cost of removal and disposal of, all Hazardous Substances introduced to the
Licensed Area or the Property by Licensee during Licensee's period of use and possession of the
Licensed Area. Upon termination of this License, Licensee shall, in accordance with all laws,
remove from the Licensed Area any equipment or improvements placed on the Licensed Area by
Licensee that may be contaminated by Hazardous Substances.
Section 15. Insurance. During the Term of this License, Licensee and its contractors,
subcontractors, consultants or sub -consultants shall pay for and maintain in full force and effect
all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by
the Iowa Insurance Commissioner to do business in the State of Iowa and rated not less than "A-
VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or
his/her designee at any time and in his/her sole discretion. The following policies of insurance are
required subject to City's right to revise the coverage limits during the Tenn upon notice to
Licensee:
Section 15.1 COMMERCIAL GENERAL LIABILITY insurance which shall be
at least as broad as the most current version of Insurance Services Office (ISO) Commercial
General Liability Coverage Form CG 00 01 and include insurance for "bodily injury," "property
damage" and "personal and advertising injury" with coverage for premises and operations
(including the use of owned and non -owned equipment), products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the License) with
limits of liability of not less than the following:
$2,000,000 per occurrence for bodily injury and property damage
$1,000,000 per occurrence for personal and advertising injury
$4,000,000 aggregate for products and completed operations
$4,000,000 general aggregate
Section 15.2 COMMERCIAL AUTOMOBILE LIABILITY insurance which
shall be at least as broad as the most current version of Insurance Service Office (ISO) Business
Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non -owned
automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than
$2,000,000 per accident for bodily injury and property damage.
Iowa Code.
Section 15.3 WORKERS' COMPENSATION insurance as required under the
Section 15.4 EMPLOYERS' LIABILITY insurance with limits of liability of not
less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each
employee.
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Dubuque Site Name:
Licensee Site Name: LOUIS MURPHY PARK RAWLAND
Licensee Site No.: 844409
Section 15.5 EXCESS Liability insurance with limits of liability of $5,000,000 per
occurrence and $5,000,000 aggregate.
Section 15.5 PROPERTY insurance against all risks of loss to the
Communication Facility, at full replacement costs with no coinsurance penalty provision which
may be wholly or partially self -insured.
Section 15.6 In the event Licensee purchases an Umbrella or Excess insurance
policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall
"follow form" or be just as broad and afford no less coverage than the primary insurance
policy(ies).
Section 15.7 Licensee shall be responsible for payment of any deductibles
contained in any insurance policies required hereunder and Licensee shall also be responsible for
payment of any self -insured retentions. Any deductibles or self -insured retentions must be
declared to the City Manager or his/her designee in his/her sole discretion. At no time shall City
be responsible for the payment of any deductibles or self -insured retentions.
Section 15.8 All policies of insurance required hereunder shall be endorsed to
provide thirty (30) calendar day written notice of cancellation be given to City except for non-
payment of premium. Upon issuance by the insurer, broker, or agent of a notice of cancellation,
Licensee shall furnish City with a new certificate and applicable endorsements for such policy(ies).
In the event any policy is due to expire during the term of this License, Licensee shall provide a
new certificate, and applicable endorsements, evidencing renewal of such policy not less than five
(5) calendar days prior to the expiration date of the expiring policy.
Section 15.9 The General Liability and Automobile Liability insurance policies
shall be written on an occurrence form. The Licensee's General Liability (including ongoing
operations and completed operations) and Automobile Liability insurance policies shall naive City,
its officers, officials, employees, agents and volunteers as an additional insured. All such required
policies of insurance shall be endorsed so Licensee's insurance shall be primary and no
contribution shall be required of City, its officers, officials, employees, agents or volunteers. Any
Workers' Compensation insurance policy shall contain a waiver of subrogation as to City, its
officers, officials, employees, agents and volunteers. The Licensee's Property insurance policy
shall name the City as a loss payee as its interest may appear. The coverage(s) shall contain no
special limitations beyond standard on the scope of protection afforded to City, its officers,
officials, employees, agents and volunteers.
Section 15.10 With respect to the Commercial General Liability, Automobile
Liability and Worker's Compensation insurance policies required under this License, Licensee and
its insurers shall waive all rights of contribution, recovery and subrogation against City, its officers,
officials, employees and agents on account of any injury, death or property damage to any person,
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Dubuque Site Name:
Licensee Site Name: LOUIS MURPHY PARK RAWLAND
Licensee Site No,: 844409
including any injury or death to the Licensee, its principles, officers, employees, agents,
contractors, subcontractors, consultants, sub -consultants, invitees, or Licensee's property or the
property of others under Licensee's care, custody and control. Licensee shall give notice to its
insurers that this waiver of subrogation is contained in this License. This requirement shall survive
expiration or termination of this License.
Section 15.11 Licensee shall furnish City with all certificate(s) and applicable
endorsements effecting coverage required hereunder. All certificates and applicable
endorsements are to be received and approved by the City prior to City's execution of this
License. Upon request of City, Licensee shall immediately provide City with a complete copy of
any insurance policy required under this License, including all endorsements, with said copy
certified by the underwriter to be a true and correct copy of the original policy at a mutually
agreeable location. This requirement shall survive expiration or termination of this License.
Section 15.12 If at any time during the life of this License or any extension,
Licensee or any of its contractors, subcontractors, consultants or sub -consultants fail to maintain
any required insurance in full force and effect, all work under this License shall be discontinued
immediately, until notice is received by City that the required insurance has been restored to full
force and effect. Any failure to maintain the required insurance shall be sufficient cause for City
to terminate this License. No action taken by City hereunder shall in any way relieve Licensee of
its responsibilities under this License. -
Section 15.13 The fact that insurance is obtained by Licensee shall not be deemed
to release or diminish the liability of Licensee, including, without limitation, liability under the
indemnity provisions of this License. The duty to indemnify City shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Licensee. Approval or
purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the
liability of Licensee, its principals, officers, agents, employees, persons under the supervision of
Licensee, vendors, suppliers, invitees, consultants, sub -consultants, subcontractors, or anyone
employed directly or indirectly by any of them.
Section 15.14 Intentionally omitted.
Section 16. Indemnification. To the furthest extent allowed by law, Licensee shall
indemnify, hold harmless and defend City and its officers, officials, employees, agents and
volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether
in contract, tort or strict liability, including but not limited to personal injury, death at any time
and property damage, including damage by fire or other casualty) incurred by City, Licensee, or
any other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out
of Licensee's, or its contractors or subcontractors': (i) occupancy, maintenance and/or use of the
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Dubuque Site Name:
Licensee Site Name: LOUIS MURPHY PARK RAWLAND
Licensee Site No.: 844409
Licensed Area and/or Communications Facility; or (ii) performance of, or failure to perform, this
License. Licensee's obligations under the preceding sentence shall apply to any negligence of
City, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused
by or negligence, or by the willful misconduct, of City or its officers, officials, employees, agents
or volunteers.
Section 16.1 Licensee's occupancy, maintenance and use of the Licensed Area
and Communications Facility shall be at Licensee's sole risk and expense. Licensee accepts all
risk relating to Licensee's: (i) occupancy, maintenance and/or use of the Licensed Area and/or
Communications Facility; and (ii) the performance of, or failure to perform, this License. City
shall not be liable to Licensee or Licensee's insurer(s) for, and Licensee and its insurer(s) hereby
waives and releases City from, any and all loss, liability, fines, penalties, forfeitures, costs or
damages resulting from or attributable to an occurrence on or about the Licensed Area in any way
related to the Licensee's operations and activities. Licensee shall immediately notify City of any
occurrence on the Premises resulting in injury or death to any person or damage to property of any
person.
Section 17. Jurisdiction and Venue. This License shall be construed in accordance
with and governed by the laws of the State of Iowa. Any legal action or proceeding brought to
interpret or enforce this License, or which in any way arises out of the Parties' activities undertaken
pursuant to this License, shall be filed and prosecuted in the appropriate Iowa State Court in the
County of Dubuque, Iowa. Each Party waives the benefit of any provision of state or federal law
providing for a change of venue to any other court or jurisdiction including, without limitation, a
change of venue based on the fact that a governmental entity is a Party to the action or proceeding,
or that a federal right or question is involved or alleged to be involved in the action or proceeding.
Section 18. Entire Agreement; Amendment. This License constitutes the entire
understanding between the Parties with respect to the subject matter hereof, superseding all
negotiations, prior discussions and agreements made prior to the date hereof. In the event there is
an existing lease or license between Licensee (or its predecessor -in -interest) and City covering the
Licensed Area, it is agreed and understood that this License shall supersede and replace said prior
lease or license as of the Effective Date of this License. This License may not be modified except
in a writing executed by both Parties.
Section 19. Paragraph Heading and Construction. The section headings contained
in this License shall not be considered to be a part hereof for purposes of interpreting or applying
this License, but are for convenience only.
Section 20. Binding on Successors; No Third -Party Beneficiaries. This License, and
all of the provisions hereof, shall be binding upon and inure to the benefit of the Parties hereto and
their respective heirs, successors, and assigns. No customer, other person or entity other than the
Parties shall be deemed to be a third -party beneficiary hereof, and nothing in this License, either
Page 14 of 27
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Dubuque Site Name:
Licensee Site Name: LOUIS MURPHY PARK RAWLAND
Licensee Site No.: 844409
express or implied, is intended to confer upon any customer or other person or entity, other than
the Parties and their respective successors and assigns, any rights, remedies, obligations or
liabilities under or by reason of this License.
Section 21. Independent Contractors. Licensee's contractors, agents and
representatives are independent contractors of Licensee, and are not employees or independent
contractors of City while on the Property, or while engaged in any work on the Property, including
the construction, installation, maintenance or operation of the Communications Facility.
Section 22. Limited Assignment/ Sub -licensing.
Section 22.1 This License, or the license interest of Licensee in the Property, shall
not be assigned by Licensee except with the prior written consent of City, which consent may not
be unreasonably withheld, conditioned or delayed.
Section 22.2 Licensee may, without City's consent but upon at least sixty (60)
days prior written notice to City, from time to time assign this License in its entirety (i) to any
entity which has, directly or indirectly, a fifty-one percent (51%) or greater interest in Licensee (a
"Parent"), or to any entity in which Licensee or a Parent has a fifty-one percent (519/6) or greater
interest. Any such assignment shall not be effective unless and until the assignee delivers
documentation to City evidencing a written assumption of all Licensee's obligations under this
License.
Section 22.3 Licensee may sublicense the Licensed Area to any qualified third -
party communications provider consistent with this License and subject to the advance written
consent of City, which consent may not be unreasonably withheld, conditioned or delayed. Upon
execution of such sublicense after the Effective Date, Licensee shall pay City as additional rent
fifty percent (50%) of all rental, license or similar payments actually received by Licensee from
such sublicensee (excluding any reimbursement of taxes, construction costs, installation costs, or
revenue share reimbursements) ("Collocation Fee") within thirty (30) days after receipt of said
payments by Licensee. The Collocation Fee shall be paid in the same manner and subject to the
same requirements and conditions as the License Fee. However, in no event shall the combined
Collocation Fee for all sublicensees be less than Ten Thousand Dollars ($10,000) per annum unless
no sublicensees are installed at the Premises. This minimum amount shall be adjusted through the
term of this License in the same manner as the License Fee. Moreover, in the event that such
sublicensee requires additional ground space outside of the Premises, it shall enter into a separate
license with City to do so or this License may be amended to provide for such additional space;
provided that Licensee shall have no obligation to pay the Collocation Fee for any sublicensee that
enters into a separate license with City. In addition, commencing on the Effective Date, Licensee
shall pay City a Collocation Fee of twenty-five percent (25%) of the monthly license rent paid by
existing sublicensee Verizon Wireless. As of the Effective Date, Verizon Wireless pays Licensee
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Dubuque Site Name:
Licensee Site Name: LOUIS MURPHY PARK RAWLAND
Licensee Site No.: 844409
Fourth Thousand One Hundred Twenty -Five and 02/100 Dollars ($4,125.02) per month, and
Licensee will pay City a 25% Collocation Fee for Verizon Wireless based on this amount.
Section 22.4 Any attempted or unauthorized assignment or sub -license shall be
void and shall be cause for default of this License at City's discretion. The acceptance of License
Fees by City from any person other than Licensee or an authorized assignee shall not be deemed
to be a waiver by City of any provision hereof. Consent to one assignment shall not be deemed
consent to any subsequent assignment.
Section 22.5 Requests for consent to assignments shall be submitted to City to
the address set forth in Section 24 ("Notice").
Section 23. Attorneys' Fees. Should either Party institute arbitration or legal or other
proceedings against the other for or on account of its failure or refusal to perform or fulfill any of
the covenants or conditions of this License on its part to be performed or fulfilled, then the
prevailing Party in a non -appealable final decision on the merits shall receive from the other Party
attorney's fees and costs as adjudged reasonable by the arbitrator, or court.
Section 24. Notice. All notices, requests, and demands hereunder will be given in
writing by first class, certified or registered mail, return receipt requested, or by a nationally
recognized overnight courier, postage prepaid, to be effective when properly sent and received,
refused or returned undelivered. Notices, requests and demands will be addressed to the Parties as
follows:
If to Licensee:
NCWPCS MPL 29 - Year Sites Tower Holdings LLC
Legal Department
Attn: Network Legal
208 S. Akard Street
Dallas, TX 75202-4206
If to City:
Water Tower Leases:
Water Operations Supervisor
1902 Hawthorne St. Dubuque, IA 52001
563.589.4291
wtrpintgcityofdubuque.org.
with a copy to:
City of Dubuque
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51031.00009144466269.102172026bal
With a copy to:
CCATT LLC
Attn: Legal - Real Estate Dept.
2000 Corporate Drive
Canonsburg, PA 15317
Page 815 of 1061
Dubuque Site Name:
Licensee Site Name: LOUIS MURPHY PARK RAWLAND
Licensee Site No.: 844409
Attn: City Manager
50 W. 13th St.
Dubuque, IA 52011
(563) 589-4113
cityattorney@cityofdubuque.org
All Other Leases:
City of Dubuque
Attn: City Manager
50 W. 13th Street
Dubuque, IA 52001
(563) 589-4110
gtymgr@cityofdubgque.org
Either Party may change the address or persons to which notices are to be sent to it by giving thirty
(30) days' prior written notice of such change to the other Party in the manner provided herein.
Section 25. Counterparts. This License may be executed in counterparts, each of
which shall be deemed to be an original.
Section 26. Representations and Warranties. Each Party represents and warrants that
this License constitutes a legal, valid and binding obligation of such Party, and is enforceable
against such Party in accordance with the terms set forth in the License. Licensee acknowledges
and agrees that Licensee is not entitled to relocation assistance, or any other benefits under the
Uniform Relocation Assistance Act, or any other applicable provision of law upon termination of
this License.
Section 27. NO WARRANTY
LICENSEE'S RIGHT TO USE THE LICENSED AREA AND THE PROPERTY IS STRICTLY
ON AN "AS IS" BASIS WITH ALL FAULTS. CITY MAKES NO REPRESENTATION OR
WARRANTY OF ANY KIND AS TO THE PRESENT OR FUTURE CONDITION OF OR
SUITABILITY OF THE PROPERTY OR THE LICENSED AREA FOR LICENSEE'S USE
AND DISCLAIMS ANY AND ALL WARRANTIES EXPRESS OR IMPLIED WITH RESPECT
TO THE PHYSICAL, STRUCTURAL, OR ENVIRONMENTAL CONDITION OF THE
PROPERTY, AND LICENSED AREA AND THE MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. LICENSEE IS SOLELY RESPONSIBLE FOR INVESTIGATION
AND DETERMINATION OF THE CONDITION AND SUITABILITY OF THE PROPERTY,
AND LICENSED AREA FOR LICENSEE'S INTENDED USE.
Section 28. Taxes. City hereby provides notice and Licensee acknowledges that this
License may create a possessory interest and Licensee may be subject to property taxes levied on
such interest. Licensee shall pay, when due, all personal property taxes, fees and assessments,
Page 17 of 27
51031.00009144466269.102172026ba1
Page 816 of 1061
Dubuque Site Name:
Licensee Site Name: LOUIS MURPHY PARK RAWLAND
Licensee Site No.: 844409
assessed against the Licensed Area and the Communications Facility and shall reimburse City for
any increase in real property or possessory interest taxes levied against the Property directly
attributable to the improvements constructed by Licensee on the Licensed Area only for so long
as this License has not expired of its own terms or is not terminated by either Party.
Section 29. Time. Time is of the essence of this License.
Section 30. Incorporation of Recitals. All of the recitals hereof are incorporated by
this reference and are made a part hereof as though set forth at length herein.
Section 31. Survival. All terms that by their nature should. survive termination of this
License shall survive, including but not limited to payment of amounts owed and indemnification
obligations.
Section 32. The following exhibits are incorporated in this License:
Exhibit A Property- Legal Description
Exhibit B Description - Communications Facility (Equipment List)
Exhibit C Licensed Area (Site Plan)
Section 33. Binding Authority/Authorized Representatives. Each of the Parties
represents and warrants that it has the full right, power, legal capacity, and authority to enter into
and perform its obligations hereunder and that those obligations will be binding upon that Party
without the approval or consent of any other person or entity. Each person executing this License
represents and warrants he/she has been duly authorized to execute the same.
[Signatures Follow on Next Page]
Page 18 of 27
51031.00009144466269.102172026ba1
Page 817 of 1061
Dubuque Site Name:
Licensee Site Name: LOUIS MURPHY PARK RAWLAND
Licensee Site No.: 844409
IN WITNESS WHEREOF, the Parties hereto have executed this License as of the day
and year first written above.
"City":
"Licensee":
CITY OF DUBUQUE NCWPCS MPL 29 - Year Sites
Tower Holdings LLC,
a Delaware limited liability company
By: CCATT LLC,
a Delaware limited liability company
Its: A*orney In Fact
IN
City Manager
Name: Mandy Hebert
Title: Mar Real Estate
Date: 0 6/2g lfdz6
Page 19 of 27
51031.00009%44466269.102172026ba1
Page 818 of 1061
Dubuque Site Name:
Licensee Site Name: LOUIS MURPHY PARK RAWLAND
Licensee Site No.: 844409
Exhibit A Property- Legal Description
Lots 10, 11, 12 and 13 of Rowan's Addition in the City of Dubuque, Iowa, according to the
recorded plat thereof.
Page 20 of 27
51031.00009144466269.102172026ba1
Page 819 of 1061
Dubuque Site Name:
Licensee Site Name: LOUIS MURPHY PARK RAWLAND
Licensee Site No.: 844409
Exhibit B
Description - Communications Facility (Equipment List)
AT&T(18G')
Antennas
ntnNNFAt-tnR[R
;Moo6L I"OUIM CL I")
MITENRA CBIIFERLINE(I-T)
iAZIMUMM
w5-IOMLA MOUNT C1A55
N 0 U H T 9M'VPUF10I?
ERICSSON
: AIR 6412 B77G 077M 20240625
186
ISO
d0 PLATFORM MOUNT
Mld•MouPt
ERICSSON
; KRE lot 249711
186
1B9
50 PLATFORM 140LINT
Mld-MOURt
KMW COI'INUNICATIONS
' EPBQ-654LBH8-L3
166
l89
60 ' PLATFORM MOUNT
MO'MOuOt
ERICS50N
AIR 6472 B770 B77F1_20240625
186
1891
160 PLATFORM MOUNT
Mid-H.mk
ERICSSON
KRE 161.140711
ISO-
l89
100 PLATFORM MOUNT
Mid•MOunt
KNW CONMUNICA7IONS
- EPB(i•654LSH8-L2
t66 :
ISO
110 PLATFORM MOUNT
MId•Mount
ERICSSON
AIR 6472 B77G B77M 30240525
196
189
$00 PLATFORM MOUNT
M1Id-Mount
ERICSSON
KRE 10124971/
t66
189
200 PLATFORM MOUNT
Mid -Mount
KMW COMMUNICATIONS
ERBQ•654LBH8-L2
LOB
189
310 PLATFORM MOUNT
Mid-Moont
TOwar mounted Equipment
T 6 MANUIRMoft _MODEL
AMOUNT CL DT) wV. cb1FeRLINP (rr)
kAFJDE6 OlI a11FExlIA MOUwra
iMOUNT CLASS
BASE STATION ERICSSON
' 4494 85/(112
166
189 Yo
BASE STATION ERICSSON
4490 RSI812
' ISO,
189 I YW
1
1
DAGE STATION NPUMON
4490851012
t
18d
IN Ye.
THE FRICSSDN
48909251666
ISO
159 I YOF
SS
4
THE ERIC550N
' 48900251806
]9B
1B9 "I
THE ERICSSON
7 4890 B25IS66
j 186
169 Y"
i
1
BASE STATION ER)C550N
, RADIO 4494 4961420629
I
ISO
189 ,Yes
t
i
i
BASE STATION FRIC5SON
RADIO 4g944101420829
? log.
IN iYes
BASS STATION ERIC5BON
= RADIO 41V4 44014 10029
}
JOB
100 yes
JUNCTION BOX RAYCAP
DC64E-60•I8.8C
18d
189 i Y"
I
JUNCTION BOX RAYCAP
DC6-4E-60.18.8C
188 `
1Go Yes
NONE
)UNCNON 80X ''�, RAYCAP
DC9.4E-60-24-8C-EY_22D506
186 :
189 Yes
Feedllnas
rm6 114nuvzcru2ER
NOOtl
110MlrIAL
S1L'E (IN) MOUNT CL(TF)
ATFACI(I0 COITERIDIE Irr)
!LL88IM(FT)
WCO,IOUR>
COAX ANDREW
tl,)F.740A
- I+3/8
'156 j
SB9 ;
239: NO
COAX - ANDREW
i (07-50A
1-3/0
186 j
Sd9 i
239: NO
COAX ANDREW
i WF7.50A
. I.518
165 !
180 .
239 No
COAX ANDREW
i
WF7•SOA
1-5/8
265
10 :
239 NO
COAX ANDREW
.LDF7.50A
1.5/8
:185
189 `
239 MO
COAX ANDREW
i LDF7.504
7 1.5/8
186
M19
239 No
)
POWER COMI45COPE
PWRT•644 8,JT0299507
; yue
.106 !
180 ;
239 no
POWER COMI4SCOPE
I DWRT•696.9 JO240507
US
186 I
18p !
239 No
POWER COMMSCOPE
PWRT•606.9.10240507
714
LOG
1tP
239 No
POWER _. C0141,15COPE
➢WU-606-9_20240507
718
186 i
189
239 No
FIBER CCMIa5COPE
RFFT•36SM0EID3•XMFi
0/8
186
189 i
239: No
FIRER -. CONMSCOPE
RFFT 40SM1.001•XMX
318
186
ISO !
239 No
Page 21 of 27
51031.00009144466269.102172026ba]
Page 820 of 1061
Dubuque Site Name:
Licensee Site Name: LOUIS MURPHY PARK RAWLAND
Licensee Site No.: 844409
Verizon (170')
Antennas
II.'IVfnLTUFEC. MOLE_
FIOUtIT Cl if T ATITEH'U CENT —In,
CUSTOMER MOUNT
ERICSSON AIR 6449 677
170
171
90 PLATFORM MOUNT
R4A WIRELESS MX06FTTa65-02_CCIV2
170
171
90 PLATFORM MOUNT
IMA WIRELESS MX06FIT865-02_CCIV2
170
171
90 PLATFORM MOUNT
ERICSSON AIR 6449 877
170
171
220 PLATFORM MOUNT
X-M WIRELESS MX06FIT865-02_CCIV2
170
171
220 PLATFORM MOUNT
)MA WIRELESS MX06F1T865.02_CCIV2
170
171
220 PLATFORM MOUNT
ERICSSON AIR 6449 877
170
171
320 PLATFORM MOUNT
JMA WIRELESS MX06FITB65.02_CC1V2
170
271
320 PLATFORM MOUNT
Jr -IA WIRELESS MX06m865.02_CCIV2
170
171
320 PLATFORM MOUNT
Tower Mounted Equipment
MOVIIT ORIEIRATICrI
Mid -Mount
Mid -Mount
Mid -Mount
Mid -Mount
Mid -Mount
Mid -Mount
Mid-Mo,mt
Mid -Mount
Mid -Mount
BASE STATION ERICSSON
4449 V2
170
171 Yes
BASE STATION ERICSSON
4449 V2
170
171 Yes
BASE STATION ERICSSON
4449 V2
170
171 Yes
BASE STATION ERICSSON
9043 V2
170
171 Yes
BASE STATION ERICSSON
8943_VZ
170
171 Yes
BASE STATION ERICSSON
SS43_VZ
170
171 Yes
JUNCTION BOX RAYCAP
RCMDC-6627-PF-46
170
171 Yes
Feedlines
Il0r
I- IVILL 5'JE'I'I,
I400R CL tTI
ATTACHED CENTERLIIIE LFn LE'I'TM
,I III CO`ru—
HYBRID COMMSCOPE
HFT1209-24S26
1-1/4
170
170
220 NP
HYBRID COMMSCOPE
HFT1208-24526
1-114
170
179
220 NP
AT&T (141')
Antennas
11—FACTI-1 111—
--c- 1,
AMHOTH
CU>10'iER MOVE` CUSS
_ UIIT
COMMSCOPE SHPX4-IIW
140
240
136 PIPE MOUNT
Mid -Mount
Tower Mounted Equipment
i, c M4I,V,!V UF£F'.
MODEL
MOUNT L1 JfT1
114E CENTEIRIE ITT)
LOCATED ON Aumil A MOul-
IIOVIIT _$$
BASE STATION NOKIA
UST ODU
140
140 Yas
BASE STATION NOKIA
UBT ODU
140
140 Yes
F4edilnes
ILO.—L S12E [IN
MOVHT CL tFTJ ATTACHED CEIREALRIE 1-1
LEtiG i tCI III COHDVI'`
COAX
COMMSCOPE
CHT-400
3/8
140
140
190 NP
COAX
COM145COPE
[14T-400
318
140
140
190 No
FIBER
OPTICAL CABLE CORP.
SINGLE -MODE FIBER CABLE
5/16
140
140
190 No
FIBER
OPTICAL CABLE CORP.
SINGLE -MODE FIBER CABLE
5/15
140
140
190 No
Page 22 of 27
51031.00009144466269.1O2172O26bal
Page 821 of 1061
Dubuque Site Name:
Licensee Site Name: LOCHS MURPIIY PARK RAW LAND
Licensee Site No.: 844409
Dish Network (128') — pending termination
Antennas
FIANUFACTURCR MUOEL MOUNT tt(Pn ANTENMA CENIE mE (PTI
)MA WIRELESS MX06FA0665-21 129
)MA WIRELESS MI(06FR0669-2I 129
)MA WIRELESS MX06FR000-21 129
lUWef Mounted Ee1A ant
AUMuM CUSTOMER MOIRR CUSS MOUNT MISHAROM
130 0 - PLATFORM MOURT Mid -Mount
130 220 PLATFORM MOUNT Mid -Mount
130 240 PLATFORM MOUNT Rl&Mount
TYPE
MANUFACRIREIR
j IAOnA. 1,10MAt a (FT)
TMF CEPRHRIME
(FT} LOCATED ON AUMMA 140tM7
THE
: FWITSU
i TA08025�13004
Ull
134 I Yes
TMF
iFUNIZU
! TA9B025-13634
129
130 Yes
YMF
Iulmlil
TA08025-B604
129 i
130 YFA
THE
j FWMU
TACE025-0605
129 j
130 ! Yes
THE
I TWITBU
TMA025-2605
.129
130 j YRs
THE
TWTTSU
TA0025-B605 i
229
130 T!9
9tJNOT10N fl0X
RAYCtiP
' RDIDC-9181-PF-46
729 !
.130 "S6s
Feedllnes
T F
MANUFACTURER
IIOU L IM)KNAL SIZE (1111
MOUNT CL (FT)
ATTACHED CFINERUNC (FTI LKMN (Ft)
NYBRID
M. -
CU12PEF19P6XXX f-3f2
129 ; Y90
Its CO`A)U[T'1
le0 No
Ground Based Eauip><ment
Structure-190' Monopole, measurine approximately 19TY with appurtenances
AT&T —Kohler Diesel Generator (4'xl0' Lease Space)
Verizon—MTU Diesel Generator (51x8' Lease Space)
AT&T-8'xl8'2" Lease Spa
Verizon-18'x23' Lease Space
Dish Network-6'xl0' Lease Space — pending termination
Page 23 of 27
51031.00009W4466269.102172026ba1
Page 822 of 1061
Dubuque Site Naive:
Licensee Site Name: LOUIS MURPHY PARK RAWLAND
Licensee Site No.: 844409
;Exhibit C Licensed Area Depiction (Site Plaza)
SURVEYED
AREA-.
Page 24 of 27
51031.00009144466269.102172026ba1
SITE SL
FOR TFiEcOaI
PRW��i�roR�sy: cr
F
Page 823 of 1061
Dubuque Site Name:
Licensee Site Name: LOUIS MURPHY PARK RAWLAND
Licensee Site No.: 844409
SITE
ITE SURVEY
G[QCA.APIdC COpRQiNA7E3 OF
SURVEYED FOR TE: LI~CORP COMMUNICATIONS. INC. Lo"lvaEr w '213' os{1�
LAn1L0�Er N q=.
iSRQF'RIE7pR{S): CIiY 0� ;UBUGUE E�tv�r,pt� y s
ECT (RAVi
3,1E BENOWUP.R,
pA vMf W Powa PAIL
or P
Wl.ATLC AMOY. SQ' NUN
O Rdpd5id 7dWCg1
d - 784 EtEYu y a..{
CCNTER OP 1'ROPOSCD TOWJRR
U' d, {1lEsiR TO GF
N07i 41
_
Ft •d • In
Koma roc ev
$ -" '' v 1• d ti..� •o.,, SET 1/2" Rob. .
Co40
E g�►
Mjw
3
fo
Pr
63
+ � UTILITY EASEM N
Llu
UTITLITY B•4Si F r
SURVEY
'6
6CAR.6 M i'BET
Page 25 of 27
51031.00009\44466269.102172026ba1
SAO►6
rivdty♦
i�8 b9n th Chera Tragon� �yar 9 ri
LEA.da' ia•q •}.7^ � d9' aut• g�7.�`, 11• N ?s�3�•• tA'a
J 75.iLa' a7.1e• ' '$3.,�y T9.69• x ar it s
1@Y.
ax ; it- W
Page 824 of 1061
Dubuque Site Name:
Licensee Site Name: LOUIS MURPHY PARK RAWLAND
Licensee Site No.: 844409
y�QSW1OWEA GENERAL
ABACI
1 B]) 1J T I RCNT�TiT�AS °�N1NP°AT RFE S? pN, v�w a iirFOR TyEAS€w R taulOaG r�
t�AAVg ANC10C pN �TIVIJyrlf'
7) SURv°r : rpq LEw.[ PURPO5C5 rt 4IOrILO T BE N'L11 foR
rTRACENAEArr S TKE SERVENT TEh£a+ENT 09 A6,rA(�NT pwlt�-CART
J) 7rJ5 SLRVET WAS PREP G FDA tdf CN i1.� ARDJErT IN y' CIVIL FJiC)NEEF[�
Ct.IEN7' S 5GOPE OF 4rQf►yt RE Y€NTi ABw M ASG4ROARCE wiT1i TF� q+
RCC SPON31SUTr OR LU101LTTY SIME�NTI4 1 C"ONSULTJNG ASSUW.1, No fit`
TWS DRAMI7G (CW ANY PART R€ E'A OR OTr1CRW7SE% F41F A"- LSE CF � 1' &
OF A 5[O OF WORK R.ED, R ' PT ACCO�D�hGE NITN Tfi YEokS I
4) SET 1/2'E ORAA W Br 071,01 FOR TOWER RETAILS. NAND SIIRVEYIt+I
S) SET I!2" CIA x ,10- R€r7AR W/ VELLO* PLASTIC CAP 2()0 $. YAW 57
414674 Ai LEASL CGANER$ W&E3% OFrLryep= +KDCAIEQ 6) rW MAGNETIC OE: IVATITIV WAS CgrAIR0 FAO'd T!C NATION(.L 0[pQHTSICAL CRtSt£a', 1p 5011 DATA C€NTER T:e' THE NATIONAL OCEANIC I"p ATYOIPH0R1C ADNMi'hATIDN,
THE VAILF LISTED 15 rnR Y'd BATE OF %HVEY. LOCAL ATTpAC71OTT AM7 P71- tS16) aC6a59C OR VAP)ACLCS IAT EXIST. `
PROPRIEMR'S LEGAL DESCRIPTION (SERViEN1' TiENg"N7r pAk (575) 906 Gy
(0 EDFOLLLLOWWG MAY 3E ASBREVVATED, 1 frmhrlt PRCi+fiE S cOLALETE DESCAPTON) TElBCdRP CO_M.ii
NP jNIJA THIS P"JECT IS LOCATED IN MJRPHT PAAY. %HICH IS A CITY PARK it IS l i C014WISE4 Cf SEVEPAL PARCELS LEGAL I SCR IPTIOSS kERE AP /,fi`�
AVAl119LE TO THE SlfltitrYDB trJFE NOTE I AM 7 AfloVE)
LEGAL DESCRIPTION OF PROPOSED LEASE PARCEL 4401 W-SIORH NEWT
° COAENCIRI: AT TN{ #43.4t IfST CORNER SIr7E Sit
AAI O: FIClh PLAT. nJIY 1NCLIlOED NRA� THr EAST 50 PART O OF LOT 4 SP' HILL A„OOIT:Cl,
CILClxxtE en:uty .. .__� %ORl4.l NG A PART ar 7M rt1-.. ... rT57 nti 159A[S
0 ALi7uvG A"IS0.ii0 feor �RAOIU= CVRVEEr: TIENCE "ORTpwS'CItLy tos es
'CFIFJI[I 9EAA114 or vaRtw a,•tT3'21•• WE T VjO '-ETERLTI V..KWEOR
F iSRADIl51^,'Li vf73C61r.'Ave SOUTCE STtRLY ERLY M.07 rCEr "ALONE
OP NORTH T1'o]'04` REST 55 52 FEfiTt�ikILRWit Th A Ll M 0,,,R7 $&A
SECT- TiI4%C£ AORTw ]0•T3']9" TEST• - LO F Er, T 3Y 33" ACS
L1�E 1"RTH 4%'09'21- A€ST, i?-Da FEET• Fer O THE POINT OF
f ,WnT, 1}C}RT:Fer11EMt SDLITFt 54142' 17" EAST, 94.7R F-.&Ti Tht C Oz"
rY— MATH avow71" NEST. 05.n rE:T�rOsii
CC¢IldnNa C0NTAINING S°74 AUUARE rEV. (O. T;r ACM F CR LESS
LEGAL DESCRfP17UN OF ACCESS & tmLITY BASBNENT
TK M7[141. INC CF A 24 FOOT WIDE EASEIftir POR ACMW AV UTIL IT'
SEiRVICE TO THE AW,_ oESollato "A5€ AREA IS DESCRIKIII AS,
0WA-NC1NG AT TIN. NONTI.WST CDAWR Or TIS EAST 5O iCET CE
lI 2. '�1 +Z PART GrDG ITw �I rcFn%Iw. �KATi Imo' 1^'CL%ASD IN
ARA FOIAtI -
g00T ql!ST.
00 fool
T-
- TIE
ANO
" CSLT.ME INC AT TM NORTRAEST MIRUN R OF Tt% EAST aIO fE£1 OF LOT 2,
A PART OF AOOITION' AN OFr ICIAr. PLAT, NOW Iw-.,TRUED IN 00 FWWiN0
az ar rt" A S1CIi0,6�G rlt�Er , rMEPOINTTOP EE'OIINNII,4T:mlN� Soj7#1
0]•tJ" t5" EAST, 323.53 FEET, TO THE TC1GiNUt Dw THE STREET A.tl_W, LINE.
AJ3VA ES SMOWN AT _'>!'FNCE ONLY
SIIE A 1� Oi[M�ATktOtV m1T PARK
IORA LAW .REOURE5 AT LL£EAS) 46 HOURS
ADVANCE KOTICE �'F A C%C�1VAt
DCaaS, IgJiFy aGWAOONE -CALL SEAV#CE N artY/TOINNSFi cnr OF etEUO:C
1/4 SCG-TWP-ANo 61 : lEj, SEG
urvgy bqa Conwi trimni9DO South cdS►Feye; t
rI ��)986-504RDotc at iietsy 'Ncrk_ O
FAY ISTF OR-1-ncon
LC
STARK A. ►ACVURPkY, IOWA LIC. NO 1 7CP'� WE
Y QC NS[ RE rWAt Dpp i e I gCEt�[�ER 31, 2402
CII tONAL PAGES CCRT61EO TR UNL S$ IN to
HERE)
Page 26 of 27
S 1031.00009\44466269.102172026ba1
' A6Tlt
,.s mrtTr r.xrr.y-ym'T
tl r>tr r..l. r/Omf• 4 in
arlml r. a rmtm atu rar
ll6Jara� Cf Wsn4i1 M .A
Ir tXi wPailAJr1
tl1rl4Tar mr,1A'd I, R 11
rimrali.'et f.i .iw
SrTbsL L'S d
tl 7r'g1•Iµ P.SII.
b rz., 0—
A6A. 6an ar Xrg5alAp
TR1 fa.p &ICP:t
'N Trw Ilru
IPI 'r�anc 1alllb
4 v � C>nar rWlwf;q j
e-00-.2E. OIHUM CO
!.SASE
Ir.ASEIMEYT
6/2 7/O1
SURVEY
ylrlml.r,2 ,
I1'BQ®?9OA
MURPHY PARE 0
•�Eir'S e.:�'$
DUnuQt;F... to
ias7a
Mrall
Page 825 of 1061
Dubuque Site Naine:
Licensee Site Name: LOUIS NIURPITY PARK RAWLAND
Licensee Site No.: 844409
The current fenced compound is shown in the depiction below but doesn't describe the entire
Licensed Area as shown on the survey above:
14
. . . . . . . . . . . . . .
. - - - - - - - - - -
----------
t
0.
r
eM,
.............
IF
Page 27 of 27
51031.00009\44466269.102172026baI
Page 826 of 1061