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I-Wireless Cell Tower Request_Madison ParkTHE CITY OF DUB E Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: I-Wireless Request for Cell Tower in Madison Park DATE: April 16, 2008 Dubuque A~An~rieal~tY 2007 At the March 3, 2008 City Council meeting, the City Council tabled the request for a lease to place an I-Wireless cell tower in Madison Park pending the receipt of additional information and action by the Zoning Board of Adjustment. On March 27, 2008, by a 5-0 vote, the Zoning Board of Adjustment voted to approve the conditional use permit with the following conditions: 1. That a 10 foot by 15 foot flag is flown; and 2. That the recommendation of the Historic Preservation Commission dated February 22, 2008 and noted as Exhibit A be enforced. I-Wireless has indicated that the flag pole will be 24 inches in diameter and 50 feet in height. The main points of the lease include: • Term of Lease: 5 years with options for 5 additional 5-year renewals; • $1,300 per month; $15,600 per year; • Rent would increase 15% each renewal year (5 years); • Flagpole would be 50-feet high with a decorative fence around the pole; • Equipment would be located on the southwest property line of the park; • The flagpole would be lighted; • City would be responsible for proper display and purchase of the flag; and • Construction would be done in the spring. I respectfully recommend Mayor and City Council approval of the lease with two amendments already agreed to by I-Wireless. The City usually displays flags that are 4" X 6" at a cost of $50. A 10 X 15 foot flag will cost $220. Assuming that up to three flags will be needed per year; the amendment would increase the annual lease payment from $15,600 per year to $16,110 per year. Also, I-Wireless would be responsible to initially install the vegetation and landscape around the flagpole and the fence around the electrical equipment required by the Historic Preservation Commission. V Mic ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager Gil Spence, Leisure Services Manager ;fd~~l Dubuque THE CITY OF ~~ DUB E ~"~~~~ ~_~ . Masterpiece on the Mississippi 2007 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager`"~ SUBJECT: I-Wireless Request for Cell Tower in Madison Park DATE: April 14, 2008 Introduction This memorandum provides an update to the application of I-Wireless to the Zoning Board of Adjustment for a conditional use permit for property located at Madison Park to allow a wireless communications facility using a flag pole and equipment compound in Madison Park, which is in an R-2 Two-Family Residential zoning district. Background At the February 21, 2008 meeting, the Historic Preservation Commission recommended approval of the project as presented with conditions described in the attached Exhibit A. At~the February 28, 2008 meeting, the Zoning Board of Adjustment (ZBA) tabled the request by I-Wireless to allow the applicant to submit additional renderings and information for the proposed site in Madison Park accurately depicting height and width of the proposed flag pole (cell tower). The Board also requested that staff measure a tree and adjacent concrete monument for reference and provide the information at the next Board meeting. -Wireless also went before the City Council at their March 3, 2008 meeting regarding the lease of property at Madison Park. The City Council tabled the public hearing to allow the ZBA to finish its review of the request. The City Council had concerns regarding construction on the bluff, the size of the proposed flag pole (cell tower) and the need for more accurate renderings of the proposed flag pole (cell tower). Discussion On March 27, 2008, the ZBA held a second public hearing on the I-Wireless application. One neighbor spoke in opposition, asking that Madison Park be used only as a park with no commercial applications. Attached to this memorandum is documentation provided by I-Wireless at the March 27 ZBA meeting that indicated that the flag pole will be 24 inches in diameter and 50 feet in height. The agent for I-Wireless, Andy Anderson, provided the enclosed photo renderings of the proposed flag pole for the Board's review. I-Wireless Request for Cell Tower in Madison Park Page 2 The ZBA also requested that staff provide measurements of the tree and monument that appear in I-Wireless photos of Madison Park. The tree's diameter at 4 feet above grade is 22 inches. The monument's base is 48 inches wide and the center portion is 31 inches wide. ZBA Decision By a vote of 5 to 0, the ZBA voted to approve the conditional use permit, with the following conditions: 1) That a 10 foot by 15 foot flag is flown; and 2) that the recommendation of the Historic Preservation Commission dated February 22, 2008 and noted as Exhibit A be enforced. Please contact me with any questions or for further information. Attachments cc Gil Spence, Leisure Services Manager ~-X~~T Planning Services Department City Hall 50 West 13+~ Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 589-6678 TDD planning@ci ofdubuque.org THE CITY OF DuB E Masterpiece on the Mississippi February 22, 2008 Andy Anderson I-Wireless 5000 Tremont Ave. -Suite 105 Davenport, IA 52807 RE: Courtesy Design Review -Madison Park Flag Pole and Equipment Compound Dear Mr. Anderson: Thank you for presenting the proposed flag pole and equipment compound which will service as a wireless communication facility in Madison Park. Consistent with our discussion at the February 21, 2008 Historic Preservation Commission (HPC) meeting, the HPC recommends the project as presented noting the following: 1. The area surrounding the flag pole should be screened with a year round vegetation to conceal the lighting fixtures. Fencing is not needed to surround the flagpole. 2. Apowder-coated, black, wrought iron style metal fence should be installed around the electrical equipment on the northeast, northwest, and southwest sides of the compound area with the existing chain link fence to remain on the remaining side. Year round landscaping should be installed on the outside of the fencing. 3. Construction shall not damage the existing trees in the park. Thank you for your efforts in preserving the historical appearance of the park. If you have any questions, please do not hesitate to contact the Planning Services Department. Sincerely, Matthew Lundh Vice-Chairperson, Historic Preservation Commission Enclosures cc: Mayor and City Council Zoning Board of Adjustment Michael Van Milligen, City Manager Barry Lindahl, City Attorney Gil Spence, Leisure Services Manager No.: 08-fi420-VEM ~~ ~ ~~ Date: 3!5!08 Communications By: HAC Corporation Customer: t WIRELESS Site: HilitoD - 40' Monopole at 90 mph Wind with 0" ice and 40 mph Wind with 0.75" ice per ANSI/TIA-222-G-2005. PRELIMINARY -NOT FOR CONSTRUCTION- Grade Two (2) #4 ties within top 5" of concrete I~~I Dia. r_____I r-----I I I I I F------I I I I I I I L-----I I I I I I I I 1! ~ -----I I I I I I I r-----I I i I I I I I------I Notes: 1), Concrete shaft have a minimum Z_ 28-day compressive strength of T ~ 4000 PSI, in accordance with ACE 318-02 4 c 2). Rebar to conform to ASTM specification A615 Grade 60. 3). All rebar to have a minimum of 3" concrete cover. 4}. All exposed concrete corners to be chamfered 314". 5). The foundation design is based on presumptive clay soil as defined in ANSI/TIA- 222-G. It is recommended that a soil analysis of the site be performed to verify the soil parameters used in the design, I I ~ r_____I 4---°--J--a ~-~--~ ~ --a- ~, 7.~., ELEVATION VIEW (5.45 Cu. Yds. each) (1 REQUIRED) Rebar Schedule per Pad and Pier (16) #7 vertical rebarw/hooks at bottom Pier w/#4 ties, two within top 5" of top of pier then 12" C/C Pad (8) #B horizontal rebar evenly spaced each way to and bottom (32 Total) Information contained herein is the sots property of Sabre Communications Corporation, constitutes a trade secret as defined by Iowa Code Ch. 550 and shall not be reproduced, copied or used m whole or part for any purpose whatsoever without the prior written consent of Sabre Communications Corporation 2701 Murray SI - P O Box 656 -Sioux City, IA 57 t D2-D656 -Phone 712.258 6690 -Fax 712.258 8250 POLE SPECIFICA710NS POLE HBCNT 39.00 FEET TAPER .0000 IN/FT POLE SHAPE 18 SIDED POLYGON ORIENTA110N Fl.AT-FLAT Elev DESCRIFTON Lev Ot R. Future APPURTENANCE ANTENNA 1 1 39.00 Cdluior 1 Currier 2P) t00mph w 3 44.00 PCS%085-79-X0 1 43.OD FLAG 12%18 Lord Can Wnd OLF Rod. Factor wnd ` DESCRIPTION m YM Ica Gust Cf e 1 3s Gusted TNnd 90.0 1.20 1,10 .65 34.7 2) 3e Coated Wind 0.9 90.0 .90 7.t0 .65 34.7 S) 3s Custad Wmd@7ce 40.0 1.20 .75 1,10 1.20 4.3 70 65 6 4 Service Loads 60 0 1 00 7 6 . . . . Res Bass Read D7sp m id Sh N OEF7 SWAY d C A om _ loa ase x eor DESCRIPTION k' s k s ft-k R d 1) b Cured TRnd 3.8 3.0 96 .2 .46 2) 3s Gusted Wiled 0.9 2.8 3.0 89 .2 .46 3) 3a Gusted Wind6iee 5.6 .6 16 0 .OB 4 Service Loads 3.2 .8 22 .1 .i1 i) ANIENNA FEED LWES RUN INSIDE POLE z) THE NONOPOLE WAS DESIGt1ED RI ACCORDANCE WITN ANSI/ilA-222-C, STRUCTURE 17.A55 0, FJ(POSURE CAIECORY G TOPOGRAPHIC CAIECORY L Cdlula 7 Currier ( ) t00mph w 6x72 ACCE550 1 D'360' I ~~ ~ 61 0.9373111dE5 1 ~ + ISS!{ON CIXIFR' s i // e 7 n ~\ / a ~ ffi7 I ~ . I L 1 ~ ~ ~ ~ _~ d 4 ~`.__ i ~ ._._ _ ~__ - 7ro ~ ~ dA 't R j a ~ I ~ ! L ~ u . ~ ~ ~ y n J '~ t II to ~ I ~'.. \\. /~ II.790 dA ESTIMATED STRUCTURE WEIGHT= 2.4 Kips I WIRELESS Sabre Hilltop.-~eQ ' N"°'s"-~° IA284 70x2$ ACCESS O 36g78ff p, sy 40.00 MONOPOLE k 2&75' R d BASE 75' ihi r a~i. a n 6 Bolts .75 'I ° P 00-0000 32ZE DRA1RFic N0. RBY zsis ° ewi c % `° ~'a° DAxe oSFA 08 A 08-6420-PE r r or _ DBAWR ~ - N6F6RB RC$ DBAMINC SCA!$ P AGE ~! C~CCI~ JDS N.T.S. 1 ,.. Sabre Towers & Poles a,r.d.nd Selr.4rpporti.gTmrer; Man{wk; PROPOSAL HP Antenna Srrr~a rid Twnky Iwallriau Prepared (or: I WIRELESS Proposal No: 4135 NORTHWEST URBANDALE DRIVE Date: URBANDALE, IPi 50322 Site: 6420-VEM rch 5, 2008 FlagpolelHilltop, [A ifIA284 SABRE FLAGPOLE Quantity of one (1) Sabre Monopole with a 10' cylinder. The flagpole has a steel height of 40' with a top mounted cylinder for an overall height of 50'. The overall height of this flagpole includes the foundation projection. The flagpole will be-eighteen-sided and tapered in design with a top diameter of 24.00" and a base diameter of 24.00" . The monopole will be designed for a basic wind speed of 90 mph with 0" radial ice, 40 mph with 0.75" radial ict - in accordance with ANSi/TIA-222-G. Revision'G Parameters: oStructure Class II . OExposure Category C oTopographic Category 1 ""'Rsfer to Notes section for defntitions njRevrsion G parameters. •ra~ n..,....,t....:n N..Ld......~ rn ~,.,,.,~~ r1,. fnllnwina enninmenh - - ' ____~r___ ANTENNA MODEL ..__ - RADOME C-Line Tx. LINE SIZE ~ - ~Q' AZIMUTH TO - A`ITENNA MOUNT (DESIGN) ANTENPiA.j'tOUVT rROYIDF.D Qom NUDtBER YES NO Eiav. TYlE GHz NORTH YE9 NO I 3 PCSXOR5-l9-xQ Panel X 45' (3) NIA Unknown 0)Celiutar 1 Camer(2P) 1tMmph X Antennas 1 S/8" wlflar ITEM I FLAGPOLE MATERIALS AND THREE-SECTOR SUSAN ................................ S , • Materials to be provided include: Complete monopole steel and hardware Anchor bolts and templates, (6) bolts 39" long. (1) Cellular 1 Carrier (2P) 100mph w/flag Gold ball and truck assembly United States flag (12' x ] 8') Halyard and galvanized cleat Stainless steel snap swivels Two (2) 6" x 12" access ports with J hooks (see notes) Two (2) 10.5" x 25.5" access ports (see notes) TIA Grounding Kit P.E. certified pole and foundation design (sec notes) Final erection drawings ITEM II PAINT • Factory Applied Aliphatic Polyurethane Paint (see notes) ......................... S FLAGPOLE FREIGHT TO DUBUQUE COUNTY, IOWA ............................................. S ANCHOR BOLT FREIGHT TO DUBUQUE COUNTY, IOWA ........................ ............... S 2101 Murray Street - P.O. Box 658 -Sioux City, IA 51102-0658 - 712.258.6690 -Fax 712.279.0814 o''abre ~~ CommunicaEions Corporation No.: 08-6420-VEM Date: 315108 By: HAC Customer: t WIRELESS Site• Hilltog - 40' Monopole at 90 mph Wind with 0" ice and 40 mph Wind with 0.75" ice per ANSIffiA-222-G-2005. PRELIMINARY -NOT FOR CONSTRUCTION- Grade ~ Dia. ICI ~~ ~-----, =1111 1 ~ ~-111111= Two.(2)#4ties I _____~ within top 5" of concrete I I I ~ L_____I I I I I I I 4 I __ I c j ---I I 1 f4 1 I ~ I I r-----I I I ~ I t L_____I I I _ I I ~ ~-----1 I I ~_ 6-.-~__J__.M1__L__ __ __ _ ELEVATION VIEW (5.45 Cu. Yds, each) (1 REQUIRED) Notes: 1). Concrete shall have a minimum 28-day compressive strength of 4000 PSI, in accordance with AC1318-02 2). Reber to conform to ASTM specification A615 Grade 60. 3}. All rebar to have a minimum of 3" concrete cover. 4}, All exposed concrete corners to be chamfered 3/4". 5). The foundation design is based on presumptive clay soil as defined in ANSIffIA- 222-G. It is recommended that a soil analysis of the site be performed to verify the soil parameters used in the design. Reber Schedule per Pad and Pier (16) #7 vertical rebar w/hooks at bottom Pier wl#4 ties, two within top 5" of top of pier then 12" CiC Pad (8) #8 horizontal rebar evenly spaced each wa top and bottom (32 Total) Information contained hereto is the sole property of Sabre Communications Corporation, constitutes a trade secret as defined by Iowa Code Ch. 550 and shall not be reproduced, copied or used in whole or part for any purpose whatsoever without the prior written wnsent of Sabre Communkat~ans Coryorahon 2101 Murray St - P O Box 658 -Sioux City, IA 57102-0658 -Phone 712.258 6690 -Fax 712.258 825D TAPER .0000 IN/Ff POLE SHAPE 18 Sd>ED POLYGON Elev DESCRIPTION Lev Ot fc Future APWRTENANCE ANTENNA 1 1 79.00 Ceaulor 1 Carciet 2P t00mpN w 3 44.00 PCSX086-19-XO 1 43.D0 MC 12X18 2) 3a Gusted Wind 0.9 90.0 .90 1.10 .65 34.7 3) 3s Gusted WmdMee 40.0 1.20 1 .76 1.10 1.20 4.3 4) Servke toads 60.0 1.00 7.10 65 8.6 toad Co Ras time React Disp OTpp A kd Sh M DEF S se DESCRIPTION x e k s k a om WAY T, R-k R d 1) 3a Gusted Wmd 3.8 3A 96 .2 .46 2) 3a Gusted Wind 0.9 2.8 3.0 !34 .2 .46 3) 3a Gusted Windddcs 6.B .B 76 a .08 4 Servitt Loads _ 3.2 .8 22 .1 ,fl 1) ANTENNA FEED ONES RUN INSIDE POLE 2) 1HE MONOPOLE WAS DESIONEO IN ACCpiDANCE VAlH ANSI/11A-222-0, STRUCTURE CLASS R, EXPOSURE CATEGORY C. TOPOGRAPHIC CA1F.cORY 1. Cellular 1 Comer (2~) f00mph w 6x12 ACCE550 10'360' G 3 'a S a 6 I.C. R ESTIMATED STRUCTURE WEIGHT= 2.4 Kips I WIRELESS ~$abre Hilltop.-~BQ ' YOMei~~ IA284 0 36D761r M «, ~,. 40.00 MONOROLE 26.75' Rnd BASE .76' Tlddc ~"°"°'etlYV `~si01 B emtaaeset(^oen 00-00000 say axATratc No. Rev 2A~" eai co-de aAYE osw,a~ A 08-6420-PE CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the City Council of Dubuque, Iowa, will con- duct apublic hearing at a meeting to commence at 6:30 p.m., on the 3rd day of March, 2008, in the His- toric Federal Building, 350 West 6th Street, to consid- er approval of the disposal of an interest in real prop- erty owned by the City of Dubuque by lease agree- ment between the City of Dubuque and Iowa Wire- less Services, LLC for the installation and operation of a wireless telecommuni- cation antenna facility. (Copy of supporting docu- ments are on file in the City Clerk's Office and may be viewed during working hours). Written comments re- garding said disposal by lease agreement may be submitted to the .City Clerk's Office on or before time of public hearing. At said time and place of public hearing, all interest- ed citizens and parties will be given an opportunity to be heard for or against the vacating and disposal of said property. Any visual or hearing im- paired persons needing special assistance or per- sons with special accessi- bility needs should contact the City Clerk's Office at (563) 589-4120 or TDD (563) 690-6678 at least 48 hours prior to the meeting. Published by order of the day of February, Jeanne F. Schneider, CMC, City Clerk STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: February 22, 2008, and for which the charge is $15.46. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of , 20 Notary Public in and for Dubuque County, Iowa. ~~~ MAF,'/ K. WESTERMEYER i~-~~`';;,,~.? CornmisSion R'~~n?bt~r 954885 ~,~_<.~~.z.. ~~`~` ~~,~mm~xr,. ,-.:5. i, 2(111 - Preparers Gil D. Spence Address: 2200 Bunker Hill Rd Phone: (563) 589-4263 RESOLUTION NO. 136-08 A RESOLUTION OF THE CITY OF DUBUQUE APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND IOWA WIRELESS SERVICES, LLC FOR THE INSTALLATION AND OPERATION OF A WIRELESS TELECOMMUNICATION ANTENNA FACILITY WHEREAS, the City Council of the City of Dubuque, Iowa encourages the expansion of wireless communication services to its citizens, businesses and institutions while at the same time minimizing safety and aesthetic concerns posed by the construction of new towers and monopoles in residential areas; and WHEREAS, Iowa Wireless Services, LLC is the holder of a current Federal Communications Commission License to provide certain wireless communication services for sale in and around the City of Dubuque; and WHEREAS, Iowa Wireless Services, LLC desires to expand its signal coverage area and enhance the quality and capacity of its technical infrastructure by installing and operating a wireless telecommunication antenna facility in Madison Park owned by the City of Dubuque and located at 1824 North Main Street in Dubuque, Iowa; and WHEREAS, the City of Dubuque desires to lease to Iowa Wireless Services, LLC certain space in Madison Park along with adjacent ground space for the purpose of installation and operation of a wireless telecommunication facility; and WHEREAS, representatives of Iowa Wireless Services, LLC and of the City of Dubuque have negotiated terms for such a Lease Agreement which the City Council finds beneficial to the community; and WHEREAS, on March 3, 2008, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in real property and overruled all objections thereto; and WHEREAS, The City Council believes it is in the best interests of the City of Dubuque to approve the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Lease Agreement between the City of Dubuque and Iowa Wireless Services, LLC is hereby approved and the City Manager is authorized to sign and administer the Lease Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 21St day of April , 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk PK Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 Return Document to: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 MEMORANDUM OF LEASE This Memorandum of ..Lease is dated for reference purposes the 7th day of August, 2008. The City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, with an office at 50 West 13t" Street, Dubuque, Iowa 52001- 4845, (hereinafter referred to as "Lessor") and Iowa Wireless Services, LLC, an Iowa Corporation with an office at 4135 NW Urbandale Drive, Urbandale, Iowa 50322 (hereinafter referred to as "Lessee"), entered into the Madison Park Ground Space Lease ("Lease") on the 23rd day of April, 2008, for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing is set forth in the Lease. 2. The term of the Lease is for five (5) years commencing on August 6, 2008 ("Commencement Date"), and terminating on the fifth (5t") Anniversary of the Commencement Date with five (5) successive five (5) year options to renew. 3. The Land which is the subject of the Lease is described in Exhibit A annexed hereto. The portion of the Land being leased to Lessee (the "Premises") is described in Exhibits A and B annexed hereto. fi= ~~ ~.~ Michael C. Van Milligen, City Manager ...- ./. .Jeanne F. Schneider, City Clerk Site ID i Wireless-IA-0284 MADISON PARK GROUND SPACE LEASE This Ground Space Lease (the "Lease") is made and entered into this~day of ,~r ~ , 2008, by and between THE CITY OF DUBUQUE, IOWA, acting by and through its City Manager, whose address is 50 W. 13th Street, Dubuque, IA 52001-4845, hereinafter referred to as "Lessor", and Iowa Wireless Services, LLC d/b/a: i-wireless, whose address is 4135 NW Urbandale Drive, Urbandale, Iowa 50322 hereinafter referred to as "Lessee". Background A. Lessor is the owner in fee simple of a parcel of land located in the City of Dubuque, Dubuque County, State of Iowa, legally described on the attached Exhibit A (the "Owned Premises"). The street address of the Owned Premises is 1824 North Main Street, Dubuque, IA 52001. B. Lessee desires to lease ground space for the installation of a 50' flag pole on which to operate a cellular radio-telephone communication flag pole facility, AN area for an equipment building, and connecting cables and appurtenances (collectively, "the Cell Tower Facility") for use in connection with its communication business. C. Accordingly, the parties are entering into this Lease on the terms and conditions set forth below. Agreement In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. Lessor leases to Lessee and Lessee leases from Lessor a portion of the Owned Premises, consisting of (i) space for the flag pole, (ii) sufficient ground space close to the flag pole on which to place its equipment shelter, and (iii) easements for ingress/egress and utilities as shown on attached Exhibit A, Legal Description of the Owned Premises, Exhibit B, Survey, and Exhibit C, Site Plan (collectively, the "Leased Premises"). Lessee may not add additional equipment and/or flag pole(s) from that shown on Exhibit C without the prior written approval of Lessor. This Lease is not a franchise pursuant to state, local, or federal law, nor is it a permit to use the right-of-way. Any such franchise or permit must be obtained separately. 2. Term. The Initial Term of this Lease shall commence on the date the building permit is approved (the "Commencement Date") and end on the fifth Anniversary of the Commencement Date. Lessee shall have the option to renew this Lease for up to five 042208ba1 (5) additional terms of five (5) years each, 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. 3. Rent. a. Lessee shall pay to Lessor as annual rent for the Leased Premises for the Initial Term the sum of sixteen thousand one hundred ten dollars ($16,110) (the "Base Rent"). Lessee shall pay Lessor Base Rent for the first year on the Commencement Date, and for each year thereafter on the Anniversary of the Commencement Date during the Initial Term. After the Initial Term, rent shall be increased 15% with each five-year renewal term as shown on the attached Rent Schedule, Exhibit F. b. Lessee shall pay Lessor a late payment charge equal to five percent (5%) of the late payment for any payment not paid when due. Any amounts not paid when due shall bear interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by law. c. To the extent that Lessor desires to purchase cellular telephone service from Lessee, Lessee shall offer this service to Lessor at the most favorable rate and terms that Lessee then offers to any other similarly-situated customers. 4. Use of Premises. a. Lessee shall use the Leased Premises for the installation, operation, and maintenance of its Cell Tower Facility for the transmission, reception and operation of a communications system and uses incidental thereto and for no other uses. b. Lessee shall, at its expense, comply with all present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to health, radio frequency emissions, radiation and safety) in connection with the use, operation, maintenance, construction and/or installation of the Cell Tower Facility on the Leased Premises. Lessor agrees to reasonably cooperate with Lessee in obtaining, at Lessee's expense (including reimbursement of Lessor's reasonable attorney and administrative fees, if any), any federal licenses and permits required for, or substantially required by, Lessee's use of the Leased Premises. c. (1) The flag pole and equipment are agreed to be Lessee's personal property and shall never be considered fixtures to the real estate. Upon termination of the Lease, the Lessee shall remove the flag pole and equipment and any underground improvements from the Leased Premises within ninety (90) days. Such removal shall be done in a workmanlike and careful manner and without interference or damage to any other equipment, structures or operations on the Leased Premises, including use of the Leased Premises by Lessor or any of Lessor's assignees or Lessees. If, however, Lessee requests permission to not remove all or a portion of the improvements, and 2 Lessor consents to such non-removal, title to the affected improvements shall thereupon transfer to Lessor and the same thereafter shall be the sole and entire property of Lessor, and Lessee shall be relieved of its duty to otherwise remove same. (2) Upon removal of the improvements (or portions thereof) as provided in Section 4(c)(1) herein, Lessee shall restore the affected areas of the Leased Premises to the conditions which existed prior to this Lease, reasonable wear and tear excepted. (3) All costs and expenses for the removal and restoration to be performed by Lessee pursuant to Section 4(c)(1), (2) herein shall be borne by Lessee, and Lessee shall hold Lessor harmless from any portion thereof. 5. Waiver of Lessor's Lien. Lessor acknowledges that Lessee has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Cell Tower Facility (the "Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith Lessor (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 6. Construction Standards. The flag pole and equipment of the Cell Tower Facility shall be installed on the Leased Premises in a good and workmanlike manner without the attachment of any construction liens. 7. Installation of Equipment. a. Lessee shall have the right, at its sole cost and expense, to install, operate and maintain its Cell Tower Facility on the Leased Premises, as described on Exhibits A, B and C, in accordance with good engineering practices and with all site standards, statutes, ordinances, rules and regulations now in effect or that may be issued thereafter by the Federal Communications Commission or any other governing bodies. b. Lessee's installation of such a flag pole and equipment shall be done according to plans approved by Lessor, whose approval shall not be unreasonably withheld. c. Within thirty (30) days of the completion of the initial installation of the Cell Tower Facility, Lessee shall provide Lessor with as-built drawings of the Cell Tower Facility and the improvements installed on the Leased Premises, which show the actual location of all equipment and improvements consistent with Exhibit C. Said drawings shall be accompanied by a complete inventory of the building and all equipment and flag pole located on the Tower. 3 d. Lessee shall install year-round vegetation around the flagpole to screen the lighting fixtures. Lessee shall submit plans to Lessor for Lessor's approval. Lessor agrees to maintain the vegetation after installation. e. Lessee shall provide at its expense for the lighting of the flag pole. f. Lessor shall be responsible for the proper display of any flags on the flag pole, including replacement flags and replacement light bulbs for lighting and the actual display of the flag according to established flag etiquette. g. Apower-coated, black wrought-iron style fence shall be installed by Lessee around the electrical equipment on the northeast, northwest, and southeast sides of the Leased Premises with the existing chain link fence to remain. Year-round landscaping shall be installed on the outside of the fencing. Lessee shall submit plans to Lessor for Lessor's approval. h. Prior to the commencement of any construction, Lessee shall provide Lessor with a report from an engineer that the construction will not cause any damage to the adjacent bluff. i. Lessee shall not during any construction required by this Lease damage any existing trees in Madison Park or the adjacent bluff. 8. Equipment Upgrade. Lessee may update or replace the flag pole from time to time with the prior written approval of Lessor, whose approval shall not be unreasonably withheld, provided that the replacement flag pole are not greater in number or size than the existing flag pole and that any change in flag pole location is approved in writing by the Lessor. Lessee shall submit to Lessor a proposal for any such replacement flag pole and any supplemental materials for Lessor's evaluation. 9. Maintenance. a. Lessee shall, at its own expense, maintain the Leased Premises and any equipment on or attached to the Leased Premises in a safe condition, in good repair and in a manner suitable to Lessor. b. Lessee shall have sole responsibility for the maintenance, repair, and security of its equipment, personal property, and flag pole of the Cell Tower Facility, and Lessee shall keep the same in good repair and condition during the term of the Lease, and as such Lease terms may be renewed and extended. c. Lessee shall keep the Leased Premises free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or interference. 10. Premises Access. 4 a. Lessee shall have 24-hour/7-day access to the Leased Premises in order to install, operate and maintain its Cell Tower Facility. b. Lessor shall keep the street access to the Leased Premises reasonably clear of snow and ice as soon as is practicable after each snowfall. 11. Utilities. Unless the Leased Premises is immediately adjacent to public right-of- ways for ingress, egress, and utilities, Lessor hereby grants to Lessee following Easement Parcels appurtenant to the Leased Premises shown on Exhibit C. Lessee shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall timely pay all costs associated therewith. 12. RF Interference. a. Non-interference by Lessee. The Cell Tower Facility shall be installed and operated in a manner which does not cause radio frequency interference ("RF interference") to the operations of any Protected User. "Protected User" shall mean any existing User or Lessee of the Leased Premises listed on Exhibit D attached hereto, which Lessor hereby warrants to Lessee is an accurate listing of the frequencies, orientation, placement, height, location, and description of all existing flag pole(s), transmitters, receivers, or other radio or electronic transmitting or receiving equipment located on the Leased Premises. Lessee agrees to immediately cure any such RF interference caused to a Protected User by Lessee's equipment or, if such RF interference cannot immediately be cured, to temporarily reduce power or cease the offending operations, if so demanded by Lessor on the ground of RF interference, until a cure at full power is achieved. b. Non-interference by Lessor. Lessor covenants to use Lessor's best efforts to protect Lessee from RF interference caused or potentially caused by subsequent Users or Lessees of the Leased Premises or changes in its use. Except for the Protected Users, Lessor, and its successors and Assignee, shall not use, allow or permit the Leased Premises to be used in any manner which will materially impair the use of the Cell Tower Facility hereafter erected or located upon the Leased Premises by Lessee or allow any use in any way as shall cause any destructive or conflicting interference with the radio, telephone, or communication signals to and from the facilities or equipment of Lessee. If any harmful RF interference shall result from any such transmitters, equipment, flag pole(s), or dishes permitted on the Leased Premises by Lessor, other than the Protected Users, to the facilities or equipment of Lessee installed on the Leased Premises, then Lessor shall immediately cause such transmitter, equipment, flag pole or dish to be discontinued from operation until such interference is eliminated. If Lessor cannot eliminate such RF interference, Lessee may terminate this Lease in accordance with Section 20 herein. 5 13. Monetary Default by Lessee. Lessee shall be in default of this Lease if Lessee fails to make payment of rent, or any other sums, when due and such failure continues for ten (10) days after Lessor notifies Lessee in writing of such failure. 14. Non-monetary Default by Lessee. If Lessee fails to comply with any non- monetary provision of this Lease which Lessor claims to be a default hereof, Lessor shall serve written notice of such default upon Lessee, whereupon a grace period of 30 days shall commence to run during which Lessee shall undertake and diligently pursue a cure of the default. Such grace period shall automatically be extended for an additional thirty (30) days, provided Lessee makes a good faith showing that efforts toward a cure are continuing. 15. Cure or Termination by Lessor. In the event of any default of this Lease by Lessee, the Lessor may at any time, after giving notice, cure the default for, and at the expense of the Lessee. If Lessor is compelled to pay, or elects to pay, any sum of money or incurs any expense, the sums or expenses so paid by Lessor, with all interest, costs, and damages, shall be deemed Additional Rent due from the Lessee to Lessor on the first day of the month following their payment by Lessor. In the event of default of this Lease by Lessee, of if Lessee loses its FCC license for any reason, including, but not limited to, non-renewal, expiration, or cancellation, Lessor shall have the right, at its option, in addition to and not exclusive of any other remedy Lessor may have by operation of law, without any further demand or notice, to re-enter the Leased Premises and eject all persons therefrom, and terminate this Lease. Lessor shall give Lessee ninety (90) days notice of its exercise of its right of termination of this Lease. Such notice of termination shall be given to Lessee in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice. All prepaid rent payments received by Lessor from Lessee shall be retained by Lessor. Upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other. In the event of termination, Lessee shall remove the Cell Tower Facility in accordance with Section 4(c) hereof and pay Lessor Additional Rent in the amount of fifty percent (50%) of the annual rent for the year in which such termination occurs. Re-entry and taking of possession of the Leased Premises by Lessor shall be construed as an election on Lessor's part to terminate this Lease. If termination occurs for any reason during the twentieth year of the term, or during either of the two optional five-year extensions of the term, the amount of the Additional Rent due upon termination shall be zero. 16. Performance Bond. To secure the timely performance by Lessee of all terms, covenants and conditions of this Lease, Lessee shall provide Lessor with a performance bond in an amount not less than ten thousand dollars ($10,000) and in a form mutually satisfactory to the parties. 17. Lessee's Conditions Precedent. This Lease and Lessee's obligations hereunder, including the obligations to pay rent, are expressly conditioned upon and subject to the following: 6 a. Lessee must receive all necessary local, state, and federal governmental approvals and permits relating to Lessee's intended use of the Leased Premises; Lessor agrees to cooperate with Lessee in obtaining all such approvals and permits; b. Lessee's technical reports must establish to Lessee's exclusive satisfaction that the Leased Premises are capable of being suitably engineered to accomplish Lessee's intended use of the Leased Premises; and c. Lessee's title insurer must determine that Lessor owns good and clear marketable title to the land underlying the Leased Premises, and that such title is free from encumbrances and restrictions which would interfere with Lessee's intended use of the Leased Premises or would impair Lessee's ability to pledge the leasehold estate as collateral to secure debt financing. 18. Abatement of Rent Pending Conditions. Lessee shall have no obligation to pay rent until all the Conditions Precedent have been satisfied or waived, and rent which would otherwise be due for the intervening time pending satisfaction of the Conditions Precedent is hereby excused and forgiven. 19. Option to Terminate. Lessee shall have the unilateral right to terminate this Lease at any time by giving written notice to Lessor of Lessee's exercise of this option and paying Lessor an amount equal to fifty percent (50%) of the annual rent for the year in which such termination occurs as Additional Rent. Upon such termination, Lessee shall remove the Cell Tower Facility in accordance with Section 4(c) herein. 20. Alteration, Damage or Destruction. If the property or any portion thereof is altered, damaged or destroyed, through no fault or negligence of Lessee, so as to materially hinder effective use of the Cell Tower Facility, Lessee may elect to terminate this Lease, without paying Additional Rent to Lessor, upon thirty (30) days written notice to Lessor. In such event, Lessee shall remove the Cell Tower Facility from the Leased Premises in accordance with Section 4(c), less any alteration, damage or destruction hindering effective use of the property. This Lease and Lessee's obligations hereunder shall terminate upon Lessee's fulfillment of Section 4(c), at which time Lessee shall be entitled to reimbursement of any prepaid rent. 21. Condemnation. In the event the Owned Premises are taken by eminent domain, this Lease shall terminate as of the date title to the Owned Premises vests in the condemning authority. In the event a portion of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days written notice to the other party. In the event of any taking under the power of eminent domain, Lessee shall not be entitled to any portion of the reward paid for the taking and the Lessor shall receive full amount of such award. Lessee shall hereby expressly waive any right or claim to any portion thereof although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Leased Premises, shall belong to Lessor. Lessee shall 7 have the right to claim and recover from the condemning authority, but not from Lessor, such compensation as may be separately awarded or recoverable by Lessee on account of any and all damage to Lessee's business and any costs or expenses incurred by Lessee in moving/removing its equipment building, personal property, flag pole, connecting cables, appurtenances, and other leasehold improvements. 22. Mutual Indemnification. a. Lessee's Indemnification. Lessee agrees to hold Lessor, its officers and employees, harmless, indemnify them, and, at Lessor's option, defend them from and against all liability, damages, losses, costs, causes of action, charges and expenses, including reasonable attorney fees, which they may sustain, incur or be liable for arising out of or related to Lessee's use or occupancy of the Leased Premises and its facilities. b. Lessor's Indemnification. Unless resulting from negligent actions or omissions of, or willful misconduct of, Lessee, its employees, agents or contractors, Lessor agrees to hold Lessee harmless and indemnify it, and, at Lessee's option, defend it from and against all liability, damages, losses, costs, causes of action, charges and expenses, including reasonable attorney fees, which Lessee may sustain, incur or be liable for arising out of or related to Lessor's use or occupancy of the property and buildings of which the Leased Premises and the easement parcels are a part. Lessee acknowledges, however, that Lessee may sustain substantial consequential damages if damage to the property or the equipment on the Leased Premises or the access easement parcel occurs or its use is interrupted. Because of these substantial, potential damages, Lessee covenants with Lessor that in no event and/or under no circumstances shall Lessor, or its officers, directors, members, or employees, be liable to Lessee or to any other person or entity for consequential damages relating to or arising out of Lessee's use and/or occupancy of the Leased Premises or the access easement parcel, regardless of whether those consequential damages arise out of, relate to, or are caused by Lessor's negligent actions or omissions. 23. Insurance. Lessee shall provide such insurance as is required by the Insurance Schedule attached hereto as Exhibit D. 24. Environmental Warranty. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or within the Owned Premises in violation of any law or regulation. Lessor represents, warrants and agrees (1) that neither Lessor nor, to Lessor's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or within the Owned Premises in violation of any law or regulation, and (2) that Lessor will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Material on, under, about or within the Owned Premises in violation of any law or regulation. Lessor and Lessee each agree to defend, indemnify and hold harmless the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs 8 (including reasonable attorneys' fees and costs) arising from any breach of any representation, warranty or agreement contained in this paragraph. As used in this paragraph, "Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by the State in which the Owned Premises is located to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. This paragraph shall survive the termination of this Lease. 25. Holding Over. Any holding over after the expiration of the term hereof, with the consent of the Lessor, shall be construed to be a tenancy from month to month at two (2) times the rents herein specified (prorated on a monthly basis) and shall otherwise be on the conditions herein specified, so far as applicable. 26. Subordination. Lessee agrees to subordinate this Lease to any mortgage or trust deed which may hereafter be placed on the Leased Premises, provided such mortgagee or trustee thereunder shall ensure to Lessee the right to possession of the Leased Premises and other rights granted to Lessee herein so long as Lessee is not in default beyond any applicable grace or cure period, such assurance to be in form reasonably satisfactory to Lessee. If requested by Lessee, Lessor agrees to use Lessor's best efforts to assist Lessee in obtaining from any holder of a security interest in the land underlying the Leased Premises anon-disturbance agreement in form reasonably satisfactory to Lessee. 27. Acceptance of Premises. By taking possession of the Leased Premises, Lessee accepts the Leased Premises in the condition existing as of the Commencement Date. Lessor makes no representation or warranty with respect to the condition of the Leased Premises and Lessor shall not be liable for any latent or patent defect in the Leased Premises. 28. Estoppel Certificate. Upon at least ten (10) days prior written notice from Lessor, Lessee shall deliver to Lessor a written statement certifying that (i) the Lease is unmodified and in full force, or if the Lease has been modified, that the Lease is in full force as modified and the modifications are then identified; (ii) the dates to which rent and other charges have been paid; (iii) so far as the certifying party knows, Lessor is not in default under any provisions of the Lease; and (iv) such other matters as Lessor may reasonably request. 29. Notices. All notices and correspondence shall be sent to the following: Lessor: City Manager Lessee: Iowa Wireless Services City of Dubuque Attn: Jeff B. Patten 50 W. 13th Street Real Estate Manager Dubuque, IA 52001-4845 4135 Urbandale Drive Urbandale, Iowa 50322 9 30. Assignment of Lease by Lessee. Lessee may not assign, or otherwise transfer all or any part of its interest in this Lease or in the Leased Premises without the prior written consent of Lessor; provided, however, that Lessee may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor-in-interest or entity acquiring fifty-one percent (51 %) or more of its stock or assets, subject to any financing entity's interest, if any, in this Lease as set forth in Paragraph 5 above. Lessor may assign this Lease upon written notice to Lessee, subject to the assignee assuming all of Lessor's obligations herein, including but not limited to, those set forth in Paragraph 5 above. Notwithstanding anything to the contrary contained in this Lease, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Lease to any financing entity to whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 31. Binding Effect. All of the covenants, conditions, and provisions of this Lease shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 32. Entire Agreement. This Lease constitutes the entire Agreement between the parties and supersedes any prior understandings or oral or written agreements between the parties respecting the within subject matter. 33. Modifications. This Lease may not be modified, except in writing signed by the party against whom such modification is sought to be enforced. 34. Attorney's fees. In any action on this Lease at law or in equity, the prevailing party shall be entitled to recover the reasonable costs of its successful case, including reasonable attorney's fees and costs of appeal. 35. Non-Waiver. Failure of Lessor or Lessee to insist on strict performance of any of the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights, but each party shall have the rights to enforce such rights at any time and take such action as might be lawful or authorized hereunder, either in law or equity. The receipt of any sum paid by one party to the other after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing. 36. Property Taxes. a. Lessee shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Cell Tower Facility. Lessor shall pay when due, or claim an appropriate exemption from, all real property taxes and all other fees and assessments attributable to the land underlying the Leased Premises. However, Lessee shall pay, as Additional Rent, any increase in real property taxes levied against the 10 Leased Premises which is directly attributable to Lessee's use of the Leased Premises, and Lessor agrees to furnish proof of such increase to Lessee. b. Lessor's requests to Lessee for contribution or reimbursement of property taxes should be addressed to Iowa Wireless Services LLC 4135 Urbandale Drive, Urbandale, Iowa 50322, Attention: Real Estate Manager, Jeff B. Patten. All requests must be accompanied by a copy of Lessor's tax bill. Lessee shall comply with requests for contribution by issuing a check for Lessee's proportionate share made payable to the tax collector. Lessee shall comply with requests for reimbursement by issuing a check to Lessor, provided that a paid tax receipt accompanies such request. c. Lessee shall have the right, but not the obligation, to pay Lessor's real estate taxes on the underlying land if the same become delinquent, to ensure that Lessee's leasehold interest does not become extinguished. Lessee shall be entitled to take a credit against rent for the portion of Lessor's taxes which it was not Lessee's obligation to pay, as such amount shall reasonably be substantiated. 37. Headings. The headings of this Lease are for convenience only and shall not be considered as part of the Lease for purposes of construction of the terms and conditions hereof. 38. Miscellaneous. a. Lessor and Lessee represent that each, respectively, has full right, power, and authority to execute this Lease. b. This Lease shall be construed in accordance with the laws of the State of Iowa. c. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. d. Lessor acknowledges that a Memorandum of Lease in the form annexed hereto as Exhibit E will be recorded by the Lessee in the official records of Dubuque County, Iowa. e. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Lease, such party shall not unreasonably delay or otherwise withhold its approval or consent. f. All Riders and Exhibits annexed hereto form material parts of this Lease. g. This Lease may be executed in duplicate counterparts, each of which shall be deemed an original. END OF AGREEMENT 11 (Signature Page Follows Next) 12 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto bind themselves to this Ground Lease as of the day and year first above written. Lessor: The City of Dubuque, Iowa gy: ~ Michael .Van Milligen City Manager Lessee: Iowa Wireless Services, LLC • By: Name: Michael S. Haskins Title: CEO/COO ATTEST: By: Jeanne Schneider City Clerk 13 EXHIBIT A LEGAL DESCRIPTION OF THE OWNED PREMISES Lots 32, 33, and 34 of the Subdivision of Lots 676 and 677 in L.H. Langworthy Addition; Lot 5 of the Subdivision of Lot 674 in L.H. Langworthy Addition; Lot 1 of Lot 2 of the Subdivision of Lots 676 and 677 in L.H. Langworthy Addition; Lot 3 of Lot 3 of the Subdivision of Lots 676 and 677 in L.H. Langworthy Addition; and two (2) unnumbered Lots lying between Lots 677 and 678 in L.H. Langworthy Addition, all in the City of Dubuque, Iowa. 14 EXHIBIT B SURVEY 15 J ~ n'.` r ~ ~ k< r~~ w$~ „ e ~ ~ del ~ O ~~ ~ 3 ~.~ r • 3 .~ 2 ~ ~~~ ~ ~ ~~ w ~~ ~ ~ -~ ~~ a~ :~ ~ ~w ~ ~ wy ~ 8~ ~ dW ~ ~ ,.j{,~ ~ ft~ I ` ~ ~ 6 W ~ ~ ~ ~ ~ ~ ~ L ill ~ ~~C ~O ~ 6~ _ ~ ~ ~ a ~ iy r ` , ~ ~ W W W W j j. J ;} 9` ~ ~ n in ?. ~}7, C .~. ~ N ~ N ` ~}~ ~ x~~~ri°~ ~ 1 ~ ~~ ~ ` } f ~ J m ~ 230 NN.F S L. ~K jam + q p ppp ~ y'! .~i O 6 O O~+. M e, ~.on.o n.:~ ~ C® ~~ ~ - 1.1 J ~. c~ l _ 4 ~~ I Z J J i .! l l. ~ 1 _~ ~ ~ ,{~~ Y ~}~ J~ ~~{~~}jx~7'} ~e 1. '~~ C~ JR~v~i~Ht~n~wv~i~.~ _ ~ ~ 1 ~ W ~ T~w~~$$$~,Nn ' ~ ~ ~t {~ ` , J ~ W J J J J J.~ pp t0 + P ~ J J J-J I {i} ta ~~~ b~~~ b~a~~ •R41 y p^ ''llSS "` ~~~g ~ ~ y~7iaA~~ ~~ n W ~ sa~~ ~ Cs~ ~~~g ~ ~ ~ N ~rP w 6 n §a° ~ z .~'~ lS~~~B~~ 4 A~~'~~~6 ~R '3~ 8 ~ ~ ~b~ ~ ~ 8~,. ~ xb~ b " 'a~ ~ $ ~ ~w ~gg xRZi~b~ a b~~~~ ~ ~aq b 3g pb~fi * c~ ? ~ ~ ~ c § ~~ ~ ` ' b ~ ~~a~y~~~~~ ri ~b~~ y ~ ~~Rb1~y~~~ b .~~ aR ~ s!~~ ,~ ~ ~~ b ~ ^~w~~~~ 3 pppp FN ~ p ~M ~~e~ g ~ _ J ~ ~ ~~~~ ~A ~ ~~~~~a~~ s ~~~~~~ ~~ ~~~~~ ~_~~ m ~~~ 8~ ~~~k k ~ ~ 1!~ b ~# b~$ ~~ ~ _ff z a a r EXHIBIT C SITE PLAN 17 8L ~"~ nw ~tu^ n ono ~~JOww ~ ~ s m>w1 . 3=;L SfJDI'A13~ MfLF1/1 3Ud 1fIX' C G~" 7l dKlld~ idC 3Dd >y3MCrd ''4a 9011 ~D1N ]S ~ ]'HI O"II~fYi ONnO~11O 00>s h01t au+as 1W0111. JO ~If813"d~C" MOWI MOIL^1S !rlLOt a~`v~`w rrm~ asp ~ ~~~ ~ S am way qo-+r-c wJra ow ~c io-si-e ~144SC ,116 a1W.A !D /- Ll IOLJ16 Li io-ia-ll ~~~; ~~ Y'BLL}-YI ~(;1 11 H ,« ~~~~°~ ~ i SS~~~?~IPd~. N3h /.M ~YYJd3tl SLI'174iTJ 711Yd0 Id74Y'TILSM 1p/ GiW110711 SY NttM7f75 f !D I+Q~3 3ROIllJd tJl 1A1.SIl1LNQJ 111IJ--~-~.__ rd~t~ x~,~t~s ,gyp ll]1~199-~ ~ yam' .. rdA.; 3~IL ~M150Q 1N31135Y3 Artitf (L~i0.lOtld-~' 51tl9M. !fl Y91131dIAQv IQl~1 +gLL035 ut7Jr Jr 5,laiouoa ~r ~ / ggLYi`Y1SM 110.1 C3tlYl07tl SY XTNA'!US i6 IIOI~ ]~OIL~t iLL 1OL3YJLLI~O AA Y3tlM 351131 M3MOi ,9 ][ ,G 1~ ~j ~ l~d~d (dAl~ Ad 1.IGY` ~MLL ~`~ ~~ ~~ ~) Nb'lc s1~5 1 Y3Yf 35Y31 .ot ~ .e~ mso,nond 1 1 ~, JM~1 4 ~l-~/-~ -~P14q ,~ 9MLLSOG r I ~ Jk"~[;SY3 J.41lllf - / SSIJ3M tll90dCLd 1 rl .~~' '.,~ ``, 1- ~~~~ 011JSX3 1 710d un;ta 9~ Cd~J) ~Yis333d cola rldn]OIS 3L7~40'r-- EXHIBIT D INSURANCE SCHEDULE 19 INSURANCE SCHEDULE A INSURANCE REC>lUIREMENTS FOR TENANTS AND LESSEES OF CITY PROPERTY QR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE CITY OF DUBUQUE 1 All policies at insurance required hereunder shall be with an insurer authorized to do business m Iowa. All insurers shaA have a rating of A or better ~n the current A M Best Rating Guide 2. AI! Certifrcates of Insurance required hereunder shall provide a thirty {30) day natrce of canaellation to tha City of Dubuque, except for a ten { 10) day notrCe for non- payment, if cancellation is prior to the expiration date. 3. shalt furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 6 below. Such certrficates shall inck~de ao~ies of the foNotiving poNcy endorsements: a) Commercial General Lrabr~ty policy rs primary and non-contributing b) Commerpal General Lrabdity additional insured endorsement c) GovemmeMal bnrnunity Endorsements 4. Each certificate shall be submitted to the contracting department of the City of Dubuque. S. Parlors to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque, Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. _ shall ~ required to carry the following minimum coveragellimits or greater if required by law or other legal agreement: a) COMMERCIAL GENERAL LIABILITY General Aggregate Limit 52.000,000 Products-Completed Operations Aggregate Lwrtit 51,000,000 Personal and Advertising Injury Limit 51.000.000 Each Occurrence limit 51.000,000 Fire Damage Limit (any one occurrenae} S 50,000 Medical Payments S 5.000 This coverage shall be written on ~ occurrence. not a claams made Form. Form CG 25 Od 03 97 "Designated Location {s) General Aggregate Ltmr#' shah be included. All deviations or exc~r,sions from the standard ISO commercial general liability form CG 0001, or Business Owners form BP 0002, shall be clearly identifred 1 of 2 January 2006 20 INSURANCE SCHEDULE A {Continued) INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY PROPERTY OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE CITY OF DUBUflUE Governmental Immunity Endorsement identical or equivalent to form attached. Additional Insured Requirement: The City of Dubuque, including all its elected and appointed officials, ail its employees and volunteers, all its boards, commissions andJor authorities and their board members, employees and volunteers shall be named as an additional insured on General Liability Policies using ISO endorsement CG 24 26 0704 °Additional Insured - Designated Person or Glrgan~zatian," or it''s equvalent. - See Specimen b) WORKERS' COMPENSATKNrI S EMPLOYERS LIABILITY Statutory for Coverage A Employers Liability Each Acxident 5100.000 Each Empbyee -Disease 5100,000 Policy Limit -Disease 5500,000 c) UMBRELLA EXCESS LIABILITY l_I~,IOR OR,Q UA8ILITY Coverage to be determined on a case by cave bss-s by Finance Director. Completion Checklist [[~ Certificate of Liability Insurance (2 pages) [~ Designated Location(s) General Aggregate Lind CG 25 04 03 97 (2 pafles) [~ Additional Insured 20 26 O7 04 [~ Governmental Immunities Endt~rsernent 2 of 2 January 2008 21 ACORN CERTIFICATE 4F l1ABIL ITY INSURANCE z~,"' ~`o'; *~ (563) 123-6561 rlue {569) ft7-6549 Insura[lat A9+nDY >strNt Addx~a~ TNt; [2¢RTiF1CJ-TE !S IeLEUEO As A YATTpt OF NipIWAT1ON MOLDER. ATE OOEi NOT TlIE imp QR ALTER THE COVERA lElO1N Ci t S? Si Cady IPISUAER6 AFFORDp1O COVERAGIE NAN: • IIRMIIt® ~NSURERA iRSUranaa ..--- „ COl~,iy . _ ENSURER t . _ Y SLCMC , .. ..____- ;NSIAR(R C . ~. _ -. .. ; R R _ Cl SL Zi COd~ ~NSURERE •r~ T-IE PQLK:IES Of NSI1RAtICE L6TED EIEtOW WOVE lEEN sSSUEO TO THE INSURED NAND ABOVE FOR THE POLICY PERrOO INpCATED. NOTWtiHSTANOINGRNY R!O{/t1~ENT, TENT OR COIDRION Of ANY CONTRACT p1 OTHER OOCWENT wTw RESPECT TO 1NaCw THIS CERTIiICATp MAY SE ISSU£D OR MNY PERTAIN, THE IIANCE AFiO1mED BY TIE POWC+ES Ot.SCRlIEO HERGII b StNUECT TO Alt THE TERMS E><GlUS1ON3 ANO COMOIiIONS OF SUCIT PODS AGGREGATE urRTS SH(MN r1Ar IIhYE BEEN REDUCED BY wuo CLAMI5 _.~ __ TYlE as tww~c! r~0-rC~ ralrtEM ' orT! R~tmrn MT! ~wlYf DoBRaiuAa,nr ,. ,: ,~ , x,ooo,ooo x Cat c*wERAL ttte[ err ~ l ? 1. «awrr~r 50.000 1- x cuu-IS w»£ Q occuR ~.tc, «o~ ,N, ~; ! 5 . bDO aEa ! K,tY rWrr ! 1, 000.000 GtM1.Rh IG.~'.l.., . T ._~ . 000. a0O e~wiApoREOaTEtwlTSrrt~s~R . ~. s 1.000,000 ..~ v Y i IOC AUrollOSt~ tusrlY } caw+u+~cn s+.~Ke ;.-~ It 1 DO0.OO0 z iwY Aura . Ir • ""'~" A, . Ait OMMFO AUTOS ~ +, SpUll r INA.W f SCJ#CULFD A:ftDS IAl. irNie~; f NIRED A4ROS RON)I Y NAMl~ r E wLy+OrrN€b AUTOS ~ Ire. r,awv; ! SAM M:UrMtl OARrt~utltT7t WtU UN6T to AGGICENI ! M'TM ~~0 OrnrH INAk FA ". i All*~1 ONi Y Mi(I _ ! EIIOEflRtNRlLtA LMlMfTY Y : j OCCUR ~ CL/~N4~MDF t[. , tl [ ~ -_ . _. [ 1 DFOUtr~s: ~ ~~--- I Rr•lenrlow to - a A MCRKtM COtPE1E11T91 AIiD trnoYel~ tlASlutt z . i YWPROPRIETORpARTNEWExECUTIy[ I { Ltd»A4~?°trw"_ f ,_ 100,000 DFNCFRaEIMFR E[CIUDEM e n ti ti t 17~LTAM -ra frs't Q.1YFF t 100,000 vra a,. r w. [-ltat vla«s [on. r r CRSt A>~ nc~t+c~ ~ rrT t 500.000 ~ o7r1lR 1 oacR+now a oreuTlo~a~ouTlawnwlwK-!r![c-ullow! ADaw a ENDDRIrarewTrt~ECUL rRO~laDns City aL Oa6V~lli 3r liataA u r[~ adettiOMl antusad oe grfasrl liability policur vsanq Ito aneatrarnot foss CG 202b 47Oa 'Adds tlooal xnaucad-L>wrs~aacad t;rrrou a[ OrT1a>tTfsatian• or its aquivalant. Orearal Liabslaty iwliay to pxiasry i noe-aontrihnr~.+... Tba CC: 150 03!'7 •oaaiptrtad Looatianr^ t)anrral liability apgtapsta ltl[it t• tnclvdrd. Oovarnrnerratal 1=aitias ardar~r~rnt is ineludrel. ~,'~•_. lwOUID am d twE AtOYE oEtC111MD ItOI ICIi! !! CANCtItlD tMDIIE nIE Clt'y Ot '"`~""+tYd E1VriATRir OA9E 7wE#[OI, iME ItlUtld rIt1AN!R WILL F1MDGtYOIt TO YaK 50 it~st 13th Stzwt 30 DAYb rAUTTEw wo7r:e ro TiK /xRT»rea T[ waeen IwREO R1 TIE tEfT, BUT Dubaiquo ~ 2!- 52DO1 raRV11E TD DO t0 twau wrot[ w0 Ot1IOAr+Ow oR uAtlurY d ~nY ruwD unwl TwE • ~u~l~e®wlr~irraTrrE ACORO 26 (2001lOS- _ ~.__ - o AOORO CgAPORATION T yq TH8026dalaeloe AEIIS v+rvwwy.t.s.w..b d...saoz~.o» v.4r+r: 22 IMPORTANT M ele o.roFcMe holder w an ADOITIONAl INSURED, e» powcyl+es) ee~t be .ndo-aa A s orl the arklicaM don rwt oor,tsr -¢-ts Eo the ctrtifirrade border ~ eeu of such er+4as.m+sntts) 11 SU6ROGATfDN IS WAIVED, subject to ew ttr*ms and corfdrtana of Iha poMCy. cenam poMaes may requae an ertdpraement. A 6tatemad on era wrtiBClfte does not ronte~ ~a fo fhe CerUfidr~ Molder of fmiu of such erfdorsarmnt(s)_ DfSCLAIMER TM Cartii~cale of kfsurance on the reverse Bide of thn form does not oonatdule a corNrect between the issuing rnaurer(af, auefonzsd represanlalive w producer. and tM oertlBtate holder. nor does d afRrmatrvely or negahvely amend. exNrtd or alter the covenQe aRordsd by lM poNGts Igted tMreon At]ORO 261ZOatAil IMSOIS ra+oe; oe AMa pay. a z 23 POLICY NUMBER COMItI~RCUL GENERAL LIAfSILfTY CG 25 0~ 03 97 THIS ENDORSEMENT CHANGES THE PULICY. PLEASE REAQ IT CAREFULLY. DESIGNATED LOCATION~Sj GENERAL AGGREGATE LIMIT lrr~s endorsement mod+!•ies insurance provided under the faltawing COMMERCIAL GENERAL !.LABILITY COVERAGE PART SCHEDULE (If no entry appears above, ~nbrmatiors regwred to complete this ertdorsem~t w+a tae sn,owre ~n the Dedaratiorrs as appticstak to tt+~s ondorsernent } A. For ap sums +rh~ch ttlr inswed becomes iegarty Oblegite0 t0 pay as damages caused try 'accur- rences° under COVERAGE A ($ECTtON 1}, and for as medical sa~panses caused blr aeeaoerus ursoer COVERAGE C iSEGTION q, wheCh cart be attrtruted arty to operaDOns at a single desiy- natet! -tota6on• shaven in tr>s Schedule sibove- 1. A separate Designated Location Geneses A99tegate Lsm~t applies to each designated `lcacaDOn', and asat !emit is equal to Vse artuaurn of the General Aggregate Limit stsown rn the Declarations. Z. The Dss<g~ted Location Genaraf Aggregate Limit is the mast we will pay for the sum of all damages under COVERAGE A, except dam- ages because of "bodily injury" or 'property damage" included M the 'products-completed operaUOns hazard", and for medical expenses under COVERAGE C regardless of the num- ber of a. Insureds. h. Claims made or "sags` txaught; or e. Persons a organwtations making daims or banging 'suits' J. Any payments made under COVERAGE A far damages or under COVERAGE C far meriicat expenses shah reduce the Designated Loca- kan Genwat A+,~repate Lwmt fo. that de5eg- nate0 'tocat~or," Such payments ShatE rat -e. duce L+'1C Ger*erai Aggregate Lirnat st'own in Tt+e DectaraGans nor 3haM they redur;e any oases Desgna~d Location General Aggre- gate Um~t far any other designated "tac:ation' shaven in the Schedule ataove. 4. The iamts shavers ¢n the Declarations far Each Occurrence. Fire Damage and Medical Ex- pense contarue to apply. However, instead of being subject to the General Aggregate Limit shown in the Oeclsrations, such limps w<If be subject to the applicable Designated Location General Aggregate Llmit B. For all sums which tt~ insured becomes legally obligated to pay as damages caused by 'occur- rences" under COVERAGE A tSECTIOtV I}, acid for all medAeal expenses Geused by dCCida!nts under COVERAGE C !SECTION f}. vrh~Cl1 can- not be attributed only to operatrons at a sEngie designated 'loc:et~on" shown n t*ae Schedule etaove 1. An} aaymenss made uryQer COL~R/iGE A for cama$es or under COVERAGE G for nsetfical expenses shat reCUGe t~ amount ava~tabie urWer tf+e Genaraf AygteQate Gmat or Vie Products-Completed Uperatians Aggregate ~Rmrt. vrr~ctwewt~ rs atspkcataie ar^c 2. Such paymerts 'shad not reduce arty Desig- nates! Loca3~on Genaraf Aggregate Lama CG 25 8e 03 9T Fage i of 2 24 CG 23 Ot 03 g7 C. Wl-en Coverage far trab~isty arrr5rtg Out pf the 'prt~c3uCtS-COrrtplebi! OOereti~orrS hBiWd iS Prir wiled, any payments (ar damages ttecausa of `t>od~y rnJury' or "property damage" included in the "pro0u~ts-tomplated aperaGcsns hasrard" wiu reduce the Products-Completed gperations Ag- gregate Lim+t, and not reduce the Ganerai Ag- g-egata Limit rp- tltio l~esMgnated Lacauon Ge++- erat t-ggregaie Limit. d. Fix the purposes of this endorsement, tf,e t3efi- nitlons Section is amended by ere aclditton of the lollawing defmiUon~ 'LOCatian- rrre8r15 premrse3 InVV3tYO~ fl1B Sable O- connecting bts. or prenrnses whom oDnnCCLpn rs inter*upteC only by a street, roadway, w$terway or right-ol-way cal a railroad, E The praVisbrta of Limits Of tnsurancx (SECTION flt~ not othana'ise modified Dy >fi+S endorsement shah Continue to apply as Sdpt:ldteC Copyright. Insurance Serv~eg tJffoe. Enc., 1996 25 PgLICY NUMBER: COMMERCIAL GENERAL LIA81LtTY CG 20 2t10T 04 THIS ENDORSEMENT CHANGER THE POLICY. PLEASE READ !T CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION ThrS endorsement mod+fies insurance provided under the foliow~np COMMERCIAL GENERAL LIABILITY C©VERAGE PART scttEauLE ManNt pf Addidonsl Insured s W s The City of Dubuque, including ail its elected and appointed officials, all iht employees and volunteers, all hs bo2trds, commissions arxilor authorities and their board members, ert~Joyees and vokianlDeers tnforrnatron to taws ScxesCdWe A not shown above ~wrtr be shown ~n the DectaraUOns. Sectbn q -Who la An Insured is amended to in- clude as an additional rnsund the person(s) or pr- ganization{sl shown ir- the Schedule, but onty with respect to Liability for "bodily injury", "property dam- age" w 'personat and sdvanESwnq rn~ury" caused, m whale or in part. by your acts a emissions or ttse acts or or,uss+tl~r-s vt tt~ase acpr+y on your behaffi A. in the performance of your ongoing operations, or 8. M connection Mnih your premises owned by ar rented #o you. All forma and r:anditian5 of this policy atipty trnfsss modified by this endat^serrtent, CG 2iS 26 07 04 Includes oopyrightCd materiel of Lnsuranoe Serv+ceg t~flice, Inc. with p~misv+cm Rage 1 of 1 4 ISrJ ('roperlLss, iric ,20(10 26 CITY 4F DUBUQUE, 14WA G4VERNMENTAi. IMMUNITIES ENDORSEMENT 1. t+fonwaiver of Govemmentai Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the inGuding of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section fi70.4 as r< is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims eat subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as rt may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non-Denial of Coverage. The insurance career shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing io the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defenses) of governmental immunity asserted by the City of Dubuque. Iowa. No Other Change in Policv. The above preservation of govemmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN 27 EXHIBIT E MEMORANDUM OF LEASE 28 Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 Return Document to: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 MEMORANDUM OF LEASE This Memorandum of Lease is entered into this day of , 2008, by and between the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, with an office at 50 West 13t" Street, Dubuque, Iowa 52001-4845, (hereinafter referred to as "Lessor") and Iowa Wireless Services, LLC, an Iowa Corporation with an office at 4135 NW Urbandale Drive, Urbandale, Iowa 50322 (hereinafter referred to as "Lessee"). 1. Lessor and Leasee entered into the Madison Park Ground Space Lease ("Lease") on the day of , 2008, for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing is set forth in the Lease. 2. The term of the Lease is for five (5) years commencing on 2008, ("Commencement Date"), and terminating on the fifth (5t") Anniversary of the Commencement Date with five (5) successive five (5) year options to renew. 3. The Land which is the subject of the Lease is described in Exhibit A annexed hereto. The portion of the Land being leased to Lessee (the "Premises") is described in Exhibits A and B annexed hereto. 29 ACKNOWLEDGMENTS STATE OF IOWA ) )ss: COUNTY OF DUBUQUE ) On this:~~~ day of 1~i1., 2008, before me a Notary Public in and for the State of Iowa, personally appeared Michael C. Van Milligen and Jeanne Schneider, to me personally known, who being duly sworn, did say that they are the City Manager and City Clerk, respectively, 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 by authority and resolution of its City Council and said City Manager and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it and by them voluntarily executed. Given under my hand and seal this~~~day of ~i~, 2008. a ~P~~~ 8~r KEVIN S, FIRNS f AHL .f. COMMISSION N0.745295 MY COMMISSION EXPIRES ,ow,, 2/12/i0 STATE OF T~ >H14' ) )ss: COUNTY OF ~~ ~ ~" ) _~ No ry Public My commission expires: On this 23 day of /~/1 ~ 2008, before me, a Notary Public personally appeared MichaeC S. Haskins, to me personally known, who being by me duly sworn, did say that he is the CEO/COO of Iowa Wireless Services, LLC, a Delaware limited liability company, executing the foregoing instrument, that no seal has been procured by the corporation; that the instrument was signed on behalf of the corporation as by the authority of the Corporation's Board of Directors; and that as such officer acknowledged execution of the instrument to be the voluntary act and deed of the corporation and limited partnership by it and by them voluntarily executed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~"`"~ ~ JEFF B. PATTEN ~ r COMMI331pN NQ ~ 98255 * "' ' * MY COMMISSION E~IgES ~ow~ SEPTEMBER 2, ^~10 N ry bli My commis ion expires: ~_ 2 - Z ~`~ 30 EXHIBIT F RENT SCHEDULE 31 DESCRIPTION: 35 YEAR ESCALATING LEASE CALCULATOR Initial Lease Amount: $1,342.50 Escalator 15.00°/ Lease Length 30 YEAR MONTHLY ANNUAL TERM TTD 1 $ 1,342.50 $ 16,110.00 2 $ 1,342.50 $ 16,110.00 3 $ 1,342.50 $ 16,110.00 4 $ 1,342.50 $ 16.110.00 5 $ 1,342.50 $ 16,110.00 $ 80, 550.00 $ 80, 550.00 6 $ 1,543.88 $ 18.526.50 7 $ 1,543.88 $ 18, 526.50 8 $ 1,543.88 $ 18, 526.50 9 $ 1,543.88 $ 18, 526.50 11 $ 1, 775.46 $ 21, 305.48 12 $ 1, 775.46 $ 21, 305.48 13 $ 1, 775.46 $ 21, 305.48 14 $ 1, 775.46 $ 21, 305.48 15 $ 1,775.46 $ 21, 305.48 16 $ 2,041.77 $ 24,501.30 17 $ 2,041.77 $ 24,501.30 18 $ 2,041.77 $ 24, 501.30 19 $ 2, 041.77 $ 24, 501.30 20 $ .2,041.77 $ 24,501.30 21 $ 2,348.04 $ 28,176.49 22 $ 2,348.04 $ 28,176.49 23 $ 2,348.04 $ 28,176.49 24 $ 2,348.04 $ 28,176.49 25 $ 2,348.04 $ 28,176.49 26 $ 2,700.25 $ 32,402.96 27 $ 2,700.25 $ 32,402.96 28 $ 2,700.25 $ 32,402.96 29 $ 2, 700.25 $ 32, 402.96 32 Page 1 of 1 Jeanne Schneider -Madison Park Cell Phone antennae From: C D <adopted3plus5plus1@yahoo.com> To: <rdbuol@cityofdubuque.org> Date: 04/21/2008 12:27 PM Subject: Madison Park Cell Phone antennae Dear Mr Mayor, I am concerned about the prospect of placing a cell phone transmitter on Madison Park Hill. I live near the park and am concerned about the radio waves coming off of the proposed antennae (it doesn't matter how it is disguised) affecting the visitors of the park and residents that live near the area. Also this park, being one of the oldest parks in Dubuque, has a lot of History attatched to it. It is a beautiful park that we like to take strolls in but personally I know many of my neighbors as well as myself would think twice about walking so close to that tower. We even cringe at the thought of being so close to it.I wonder what the former mayors and dignitaries Mayors and dignitaries of long ago would think. I think and believe thatthere is a better place for I wireless to place there antennae/ transmitter. I just don't believe it should be in a historical public park such as Madison. Yours In Trust, Clint Dahlman 317 Klingenberg Terrace Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now. RECEIVED 08 APR 21 PM 1:24 City Clerk's Office Dubuque, IA file://C:\Documents and Settings\jschneid\Local Settings\Temp\XPgrpwise\480C91B9D.