Nextel on water towerRESOLUTION NO. 13-00
A RESOLUTION OF THE CII~' OF DUBUQUE APPROVING OF A LEASE BETWEEN THE
CITY OF DUBUQUE, IOWA, AND NEXTEL WIP LEASE CORP, FOR lttE INSTALLATION
AND OPERATION OF A WIRELESS TELECOMMUNICATION ANTENNA FACILITY.
WHEREAS, the City Council of the City of Dubuque, Iowa encourages the expansion of
wireless telecommunication 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
WHEREJNS, Nextel WIP Lease Corp. is the holder of a current Federal Communications
Commission license to provide certain wireless telecommunication services for sale in and
around the City of Dubuque, and
WHEREAS, Nextel WIP Lease Corp. 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 on or near a water storage tank owned by the
City of Dubuque, identified as site W-5, and located at 4Z26 Pennsylvania Avenue in
Dubuque, and
WHEREAS, the City of Dubuque desires to lease to Nextel WIP Lease Corp. certain space on
top of the site W-5 water tank, along with adjacent ground space~ for the purpose of
installation and operation of a wireless telecommunication facility, and
WHEREAS, representatives of Nextel WIP Lease Corp. and of the City of Dubuque have
negotiated terms for such a lease, a copy of which is attached hereto, which the City
Council finds beneficial to the community.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA:
Section 1. That the attached lease is hereby approved and the City Manager is
authorized to sign and administer this lease on behalf of the City of Dubuque, provided
that the lease is amended to include a provision permitting the City to direct Nextel to
de-energize the transmitter(s) within a reasonable period of time after notice from the
City to accommodate maintenance and repair of the water tank by City employees or
subcontractors.
Passed, approved and adopted this 17th day of January, 2000.
Terrance M. Duggan, Mayor
Attest:
Mary A. Davis, City Clerk
CITY OF DUBUQUE, IOWA
MEMORANDUM
December 15, 1999
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Lease of Space to Nextel WIP Lease Corp
Cable Franchise Administrator Merrill Crawford is recommending that a public
hearing be set for January 17, 2000 to consider leasing space on the City water
tank site at 4136 Pennsylvania Avenue, to Nextel Corp, to support a wireless
telecommunication antenna facility.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~chael C Van~lhgen
MCVM/j
Attachment
CC.'
Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Merrill Crawford, Cable Franchise Administrator
CITY OF DUBUQUE, IOWA
MEMORANDUM
December 14, 1999
MEMO TO: Michael C. Van Milligen, City Manager
FROM: Merrill Crawford, Cable Franchise Administrator
SUBJECT: Proposed Lease of Space to Nextel WIP Lease Corp. for a Telecommunication
Antenna Facility On The Pennsylvania Avenue Water Tank.
INTRODUCTION: The purpose of this memorandum is to recommend that a public heating be
set for the January 17, 2000 City Council meeting to consider leasing space on the City's water
tank site W-5, located at 4136 Pennsylvania Avenue, and adjacent ground space, to Nextel WIP
Lease Corp., a Delaware Corporation, dPo/a/Nextel Partners, to support a wireless
telecommunication antenna facility.
BACKGROUND: Representatives of Nextel Partners, a wireless business telecommunications
service provider, have proposed leasing space on top of the City's Water Tank at 4t36
Pennsylvania Avenue, and adjacent ground space, to support communication antennae, cable,
and an equipment shelter as a part of a wireless network they are extending into the Dubuque
area. Research has determined that an existing communication tower not far fxom that site is
unable to safely support the facility. This water tank is identified as site W-5 in the catalog of
City properties we have previously evaluated for such a purpose.
Highlights of the Proposed Lease
Nextel would be permitted to attach a set of antennas to an existing railing or other approved
mounting brackets on top of the tank, and to extend transmission cables down the existing
service ladder to the ground. Nextel would also construct and maintain an equipment shelter on
the ground to house transmission equipment, and would pay ail utility costs associated with the
operation. Antennas would be painted to match the water tower, and the placement and facade of
the equipment shelter would be coordinated with the design of the City's new booster station
planned for the site. Any future changes would be subject to City approval.
Term of the lease would be 20 years, with two optional 5-year extensions.
Nextel w~)uld pay to the City an annual rent beginning at $12,000 and escalated annually by the
greater of 3 percent or the percentage increase of the CPI. In the unlikely event of an early
termination of the lease, the Lessee would pay an additional amount equal to 50 percent of the
rent due for the year in which early termination occurred. In addition, the company would
provide a performance bond in the amount of $10,000 during the term of the lease in case costs
were incurred by the City in removing abandoned antennas or equipment. Also, any wireless
communication services the City of Dubuque chose to purchase from Nextet wotdd be at the
most favorable rate given any of the company's similarly-situated customers.
With the exception of the specific description of the premises and details of facility placement
and attachment, the terms of this proposed lease are identical to those ora lease to Nextel which
the City Council approved on September 7, 1999.
Water Plant Manager Bob Green is currently reviewing Nextel's proposed site plan, antenna &
support facility specifications, and other details.
RECOM34[ENDED ACTION: The Recommended Action is that a public hearing regarding the
proposed lease to Nextel WIP Lease Corp. be set for the agenda of the January 17, 2000 City
Council meeting.
cc: Bob Green, Water Plant Manager
CITY Of DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE is hereby given that the Dubuque City Council will conduct a public hearing at
a meeting to commence at 6:30 o'clock P.M. on January 17, 2000 in the Public Library
Auditorium for the purpose to consider leasing space on the City's water tank site W-5,
located at 4136 Pennsylvania Avenue, and adjacent ground space, to Nextel WlP
Lease Corp, a Delaware Corporation, d/b/a Nextel Partners, to support a wireless
telecommunication antenna facility, Term of the lease would be for 20 years with two
optional 5 year extensions. (Copy of supporting documents are on file in the City
Clerk's Office and may be viewed during normal working hours.)
Written comments regarding above lease may be submitted to the City Clerk's Office on
or before said time of public hearing.
At said time and place of public hearing all interested and citizens and parties will be
given an opportunity to be heard for or against said lease.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (319) 589`4120 or
TDD (319) 589-4193 in the Human Rights Department at least 48 hours prior to the
meeting.
Published by order of the City Council given on the 20 day of December, 1999.
ltl/7
Mary A. Davis CMC
City Clerk
CITY Of DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE is hereby given that the Dubuque City Council will conduct a public hearing at
a meeting to commence at 6:30 o'clock P.M. on January 17, 2000 in the Public Library
Auditorium for the purpose to consider leasing space on the City's water tank site W-5,
located at 4136 Pennsylvania Avenue, and adjacent ground space, to Nextel WIP
Lease Corp, a Delaware Corporation, d/b/a Nextel Partners, to support a wireless
telecommunication antenna facility, Term of the lease would be for 20 years with two
optional 5 year extensions. (Copy of supporting documents are on file in the City
Clerk's Office and may be viewed during normal working hours.)
Written comments regarding above lease may be submitted to the City Clerk's Office on
or before said time of public hearing.
At said time and place of public hearing all interested and citizens and parties will be
given an opportunity to be heard for or against said lease.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (319) 589-4120 or
TDD (319) 589-4193 in the Human Rights Department at least 48 hours prior to the
meeting.
Published by order of the City Council given on the 20 day of December, 1999.
ltl/7
Mary A. Davis CMC
City Clerk
,; DEO-~O-99 ~ON 03~12 P~ TELEGRfiPH HEI~LD
F~ ~I0, 3195885782
?, 07
NOTICE is hereby giv~
C~tv O~t~'s Office an~
~i~ed d~ng n0~al
hours-) -
pub[ia
hea~g
needit~g spe-
} of
Office the
-fDD at
to the
m~e,?n -
I ubl ~ed by order of the Oity
CoUnCil given on ~e 20 day o[
December, 1999,
Mary A, D~V[s, City CleCk
It 1/7
CITY OF DUBUQUE, IOWA
MEMORANDUM
January 12, 2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT:
Proposed Lease Space to Nextel WlP Lease Corp. for a
Telecommunications Antenna Facility on the Pennsylvania Avenue
Water Tank
Cable TV Administrator Merrill Crawford is recommending execution of a lease to
Nextel WlP Lease Corporation for a Telecommunications Antenna facility on the
Pennsylvania Avenue water tank.
The annual lease payment would be ~ 12,000 with an escalation clause for a period
of 20 years, with two optional 5-year extensions.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
M~hael C Van Mdhgen
MCVM/dd
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
TRAISER -] 0/'''
ASSOCIATES, P.A. MATTHEW J. TRAISER
ATTORNEYS AT LAW
14321 NICOLLET AVENUE SOUTH
SUITE 400
BURNSVILLE, MINNESOTA 55306
PHONE: (952) 435-6090
FAX: (952) 435-6 ! 77
June 1, 2000
City of Dubuque
Arm: City Manager
50 West 13t~ Street
Dubuque, IA 52001
RE: Water Tower and Ground Space Lease between Nextel WIP Lease Corp.
and the City of Dubuque.
Dear City Manager,
For your records, enclosed please find a photocopy of the recorded Memorandum of
Lease document between Nextel WIP Lease Corp. and the City of Dubuque.
Sincerely,
Traiser & Associates, P.A.
Matthew Traiser, Esq. ~
Site I.D.
City: W-5
Nextel: IA-574P-C
WATER TOWER & GROUND SPACE LEASE
This Water Tower and Ground Space Lease (the "Lease") is made and entered into
this day of ,2000, 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 Nextel WIP Lease Corp., a Delaware
corporation, d/b/a Nextel Partners, whose address is 4500 Carillon Point, Kirkland, WA
98033, 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"), on which a water tower (the "Tower") is located. The street address of
the Owned Premises is 4136 Pennsylvania Avenue, Dubuque, IA 52002.
B. Lessee desires to lease space on the top of the Tower and ground space below,
or adjacent to, the Tower (the "Ground Space") for the installation and operation ora cellular
radio-telephone communication antennae facility, which shall include omnidirectional
antennae, an equipment building, connecting cables and appurtenances (collectively,
"Wireless Telecommunication Antennae 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 fi.om Lessor a
portion of the Owned Premises, consisting of(i) space on the Tower, (ii) sufficient
Ground Space below, or adjacent to, the Tower to place its equipment building, and
(iii) easements for ingress/egress and utilities as shown on the Site Plan/Legal
Description attached as Exhibit B (collectively, the "Premises"). Lessee intends to
locate its 'antennae on the circular railing as more fully described on the attached
Exhibit C. Lessee may not add additional equipment and/or antennae fi.om that shown
on Exhibit C without the prior written approval of the Lessor.
Lessor reserves the right to require Lessee to relocate its antennae and
equipment to other locations on the railing or Tower. Lessee shall complete the
relocation of its antennae, connecting cables and appurtenances within thirty (30) days
after receiving written notice from Lessor. The relocation shall be at the Lessor's
expense, and such expense shall be approved by Lessor.prior to Lessee's relocation.
If such relocation does not meet Lessee's RF requirements or interferes with Lessee's
transmission, reception and operation of its communications system and uses
incidental thereto, Lessee may terminate this Lease in accordance with Section 19
herein.
This Lease is not a franchise pursuant to state, local, or federal law, nor is it a
permit to use the rights-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 twentieth anniversary
of the Commencement Date. Lessee shall have the option to renew this Lease for up
to two (2) 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 Premises the sum of
twelve thousand dollars ($12,000) (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, unless the Base
Rent is abated pursuant to Section 18 herein. Base Rent shall be increased
annually as described in Section 3(c) herein.
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. The Base Rent shall be increased annually effective as of each
anniversary of the Commencement Date by an amount equal to the greater of
three percent (3%) of the previous year's Base Rent or the percentage increase
in the CPI for the 12 months prior to the adjustment date. "CPI" means the
2
Consumer Price Index for All Urban Consumers, U.S. City Average, All Items,
issued by the Bureau of Labor Statistics for the United States Department of
Labor (1982-84 = 100). If the CPI is converted to a different standard
reference base or otherwise revised, the adjustment set forth in this paragraph
shall be made with the use of the conversion formula published by the Bureau
of Labor Statistics.
d. 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 Premises for the installation, operation, and
maintenance of its Wireless Telecommunication Antennae Facility for the
transmission, reception and operation of a communications system and uses
incidental thereto and for no other uses. Lessee may erect and operate three
(3) rod-type omnidirectional antennae. Lessor may permit others to use other
portions of the Tower or Owned Premises.
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 Wireless Telecommunication Antennae Facility on the
Premises. Lessor agrees to reasonably cooperate with Lessee in obtaining, at
Lessee's expense (including reimbursement of Lessors reasonable attorney and
administrative fees, if any), any federal licenses and permits required for, or
substantially required by, Lessee's use of the Premises.
(1) The Wireless Telecommunication Antennae Facility is 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 Wireless Telecommunication Antennae Facility and any
underground improvements from the Premises within ninety (90) days.
Such removal shall be done in a wormlike and careful manner and
without interference or damage to any other equipment, structures or
operations on the Premises, including use of the 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
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 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 Wireless Telecommunication Antennae 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 omnidirectional antennae, equipment building,
connecting cables and appurtenances of the Wireless Telecommunication Antennae
Facility shall be installed on the Prcmfises in a good and workmanlike manner without
the attachment of any construction liens. Lessor reserves the right to require Lessee
to paint the antennae in a manner consistent with the color of the Tower.
7. Installation of Equipment.
a. Lessee shall have the right, at its sole cost and expense, to install,
operate and maintain its Wireless Telecommunication Antennae Facility on the
Premises, as described on Exhibit 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.
4
b. Lessee's installation of such a Wireless Telecommunication Antennae
Facility shall be done according to plans approved by Lessor, whose approval
shall not be unreasonably withheld. Any damage done to the Tower, the
railing and/or other structures by Lessee or its contractors or representatives
during installation and/or operations shall be repaired or replaced immediately
at Lessee's expense and to Lessor's reasonable satisfaction. In connection with
the installation and operation of the Wireless Telecommunication Antennae
Facility, Lessee shall not make any penelrations of walls or roof of the Tower
without Lessor's prior written consent.
c. Within thirty (30) days of the completion of the initial installation of the
Wireless Telecommunication Antennae Facility, Lessee shall provide Lessor
with as-built drawings of the Wireless Telecommunication Antennae Facility
and the improvements installed on the 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 antennae located on the Tower.
8. Equipment Upgrade. Lessee may update or replace the antennae from time to
time with the prior written approval of Lessor, whose approval shall not be
unreasonably withheld, provided that the replacement antennae are not greater in
number or size than the existing antennae and that any change in antennae locations
on the railing of the Tower is approved in writing by the Lessor. Lessee shall submit
to Lessor a proposal for any such replacement antennae and any supplemental
materials for Lessor's evaluation.
9. Maintenance.
a. Lessee shall, at its own expense, maintain the Premises and any
equipment on or attached to the Premises in a safe condition, in good repair
and in a manner suitable to Lessor so as not to conflict with the use of, or other
leasing, of the railing or other portions of the Tower by Lessor. Lessee shall
not interfere with the use of the railing, the Tower, related facilities or other
equipment of other lessees.
b. Lessee shall have sole responsibility for the maintenance, repair, and
security of its equipment, personal property, leasehold improvements, and
omnidirectional antennae, equipment building, connecting cables, and
appurtenances of the Wireless Telecommunication Antennae 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 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.
d. In the event the Lessor or any other lessee undertakes painting,
construction, repair or other alterations on the railing or the Tower, Lessee
shall take reasonable measures at Lessee's cost to cover Lessee's equipment,
personal property, leasehold improvements, and omnidirectional antennae,
equipment building, connecting cables, and appurtenances of the Wireless
Telecommunication Antennae Facility and protect such from paint and debris
fallout which may occur during the painting, construction or alteration process.
Lessee shall notify Lessor at least thirty-five (35) days prior to any
construction, painting, repair or alterations begun by Lessee to the Wireless
Telecommunication Antennae Facility, the railing or the Tower, unless such
construction, painting, repair or alterations must be made on an emergency
basis, in which case Lessee shall notify Lessor as soon as practicable. Lessor
shall notify Lessee at least thirty (30) days prior to any construction, painting,
repair or other alterations begun by Lessor or any other lessee, unless said
construction, painting, repair or alterations must be made on an emergency
basis, in which case Lessor shall notify Lessee as soon as practicable. Unless
resulting from negligent actions or omissions of, or willful misconduct of,
Lessor, its employees, agents or contractors, Lessor shall not be liable for any
damage incurred by Lessee from such painting, construction, repair or
alterations.
10. Premises Access.
a. Lessee shall have 24- hour/7-day access to the Premises by means
reasonably designated by Lessor, subject to notice requirements to Lessor in
Section 9(b) herein, in order to install, operate and maintain its Wireless
Telecommunication Antennae Facility.
b. Lessee shall have reasonable access to the Tower in order to install,
operate and maintain its antennae, connecting cables, and appurtenances.
Lessee shall have access to such Tower only with the prior written approval of
Lessor. Lessee shall request access to the Tower twenty-four (24) hours in
advance, except in an emergency. Lessee shall have unrestricted access to its
equipment building without the requirement of supplying Lessor with prior
written notice.
6
c. Upon twenty-four (24) hours prior written notice to Lessee, and with an
escort provided by Lessee, Lessor shall be allowed and granted access to
Lessee's equipment building at reasonable times to examine and inspect the
same for safety reasons or to ensure that the Lessee's covenants are being met.
d. Lessor shall keep the street access to the Premises reasonably clear of
snow and ice as soon as is practicable after each snowfall.
11. Utilities. Unless the Premises is immediately adjacent to public rights-of-way
for ingress, egress, and utilities, Lessor hereby grants to Lessee the following
described Easement Parcels appurtenant to the Premises:
Use: Access. Width: 20'; Approximate length: as needed per survey between
Premises and the public road known as Pennsylvania Avenue over traveled
ways.
Use: Utilities. Width: 10'; Approximate length: As needed per survey
between the Premises and suitable utility company service connection points.
Lessor agrees to make such direct grants of easement as the utility companies
may require.
Lessee shall, at its expense, separately meter charges for the consumption of
electricity and other utilities associated with its use of the Premises and shall timely
pay all costs associated therewith.
12. RF Interference
a. Non-interference by Lessee. The Wireless Telecommunication
Antennae 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
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 antennae, transmitters, receivers, or
other radio or electronic transmitting or receiving equipment located on the
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
irmnediately 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 fi-om RF interference caused or potentially caused by
subsequent users or lessees of the Premises or changes in its use. Except for
the Protected Users, Lessor, and its successors and assigns, shall not use, allow
or permit the Premises to be used in any manner which will materially impair
the use of the Wireless Telecommunication Antennae Facility hereafter erected
or located upon the 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 fi-om any such transmitters,
equipment, antennae, or dishes permitted on the Premises by Lessor, other than
the Protected Users, to the facilities or equipment of Lessee installed on the
Premises, then Lessor shall immediately cause such transmitter, equipment,
antennae 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.
13. Monetary Default bv 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 mn during which Lessee shall undertake and diligently
pursue a cure of the default. Such grace period shall automatically be extended for
an additional 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 fi-om 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 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
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 Wireless Telecommunication Antennae
Facility in accordance with Section 4(c) hereof and pay Lessor Additional Rent in the
mount of fifty percent (50%) of the annual rent for the year in which such
termination occurs. Re-entry and taking of possession of the 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:
a. Lessee must receive all necessary local, state, and federal governmental
approvals and permits relating to Lessee's intended use of the 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 Premises are capable of being suitably engineered to
accomplish Lessee's intended use of the Premises; and
c. Lessee's title insurer must determine that Lessor owns good and clear
marketable title to the land underlying the Premises, and that such title is free
from encumbrances and restrictions which would interfere with Lessee's
intended use of the 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 Wireless Telecommunication Antennae Facility in
accordance with Section 4(c) herein.
20. Alteration. Damage or Destruction. If the railing or Tower 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 Wireless Telecommunication Antennae
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 Wireless Telecommunication Antennae Facility from the Premises in
accordance with Section 4(c), less any alteration, damage or destruction hindering
effective use of the railing or Tower. 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 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 Premises, shall belong to Lessor. Lessee
shall 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,
antennae, connecting cables, appurtenances, and other leasehold improvements.
22. Mutual Indemnification
a. Lessee's Indemnification. Unless resulting from negligent actions or
omissions of, or willful misconduct of, Lessor, its employees, agents or
contractors, Lessee agrees to hold Lessor harmless, indemnify it, and, at
Lessor's option, defend it from and against all liability, damages, losses, costs,
10
causes of action, charges and expenses, including reasonable attorney fees,
which Lessor may sustain, incur or be liable for arising out of or related to
Lessee's use or occupancy of the Premises and its facilities.
b. Lessor's Indemnification. Unless resulting fi.om 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 fi.om 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 Premises
and the easement parcels are a part.
Lessee acknowledges, however, that Lessee may sustain substantial
consequential damages if damage to the tower or the equipment on the 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 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.
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 (I) 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
(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,
11
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 Premises, provided such mortgagee
or trustee thereunder shall ensure to Lessee the right to possession of the 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
Premises a non-disturbance agreement in form reasonably satisfactory to Lessee.
27. Acceptance of Premises. By taking possession of the Premises, Lessee accepts
the Premises in the condition existing as of the Commencement Date. Lessor makes
no representation or warranty with respect to the condition of the Premises and Lessor
shall not be liable for any latent or patent defect in the 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:
City o f Dubuque
50 W. 13th Street
Dubuque, IA 52001- 4845
Nextel WIP Lease Corp.
4500 Carillon Point
Kirkland, WA 98033
Attention: Legal Department/
Site Lease Administrator
12
30. Assi~munent of Lease by Lessee. Lessee may not assign, or otherwise transfer
all or any part of its interest in this Lease or in the 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. Bindin~ 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 Am'eement. 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.
13
36. Property Taxes.
a. Lessee shall pay any personal property taxes assessed on, or any portion
of such taxes attributable to, the Wireless Telecommunication Antennae
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 Premises. However, Lessee shall pay, as Additional Rent,
any increase in real property taxes levied against the Premises which is directly
attributable to Lessee's use of the 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 Nextel WIP Lease Corp., 4500 Carillon
Point, Kirkland, WA 98033, Attention: Legal Department/Site Lease
Administrator. 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.
14
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 armexed
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. Ail 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
(Signature Page Follows Next)
15
Signature Page
IN WITNESS WHEREOF, the parties hereto bind themselves to this Ground
Lease as of the day a~,d year first above written.
Lessor:
The City of Dubuque, Iowa
By:
Michael C. Van Milligen
City Manager
ATTEST:
By:
Mary A. Davis
City Clerk
Lessee:
Nextel WIP Lease Corp
By:
Name:
Title:
16
ACKNOWLEDGMENTS
STATE OF IOWA )
)SS:
COUNTY OF DUBUQUE )
On this day of ., 2000, before me a Notary Public in and for the State
of Iowa, personally appeared Michael C. Van Milligen and Mary A. Davis, 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 insmanent 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
.2000.
Notary Public
My commission expires:
STATE OF )
)SS:
COUNTY OF __ )
I, the undersigned, a notary public in and for the State and County aforesaid, do
hereby certify that ., known to me as the same person whose name is
subscribed to the foregoing Ground Lease, appeared before me this day in person and
acknowledged that, pursuant to his authority, he signed the said Lease as his free and
voluntary act on behalf of ., for the uses and purposes therein
stated.
Given under my hand and seal this day of
.,2000.
Notary Public
My commission expires:
EXHIBIT A
Legal Description of the Owned Premises
Lot 2 of 2, A.C. Pfohl Place, Dubuque, Iowa
18
EXHIBIT B
Site Plan/Legal Description of The Premises
FOUND
iRON ROD
CAP
FOUND
[RON ROD
3AP #4850
PENNS~ FANI,4 A VENUE
EXIS~NG DRIVE
50'+ X 50,4.
/
/
ME"~ER
PHONE BOX
-?
WATER
TANK
APPROXIMATE
NEXTEL PAR]'NERS
-.,. ~ ~'-~.~ ~ -$890'2'5,.W 200.12 (20~00') ..... '---
" ..... MN
~ TN=TRUE NOR'~4
MN=MAGNETiC NORTH
FOUND
IRON ROD
CAP #¢850
TELCO.
PEDESTAL
FOUND
IRON ROD
CAP #4-850
0 20 40 80
SCALE IN FEET
19
EXItIBIT C
Equipment to be Placed on The Premises
One (1) 9' x 16' equipment shelter
Three omnidirectional rod antennae on the circular railing on top of the Water Tower
Each antenna approx. 12 feet in length, 3 inches in diameter, white in color.
Transmission lines from antennas to equipment (underground from water tower to
equipment shelter).
QTANK ROOF PI.AN
20
EXHIBIT D
Protected Users of The Premises
1. City of Dubuque
The City of Dubuque currently operates no antennae or transmission equipment on the W-5 water
tower.
21
INSURANCE SCHEDULE
1. Any policy of insurance or certificate of insurance required hereunder shall be with a carrier authorized to
do business in Iowa and a carrier that has received a rating of A or better in the current Best's Rating Guide.
2. Any policy of insurance required hereunder shall provide for a thirty-day notice to the City of any material
change or cancellation of the policy prior to its expiration date.
3. Lessee shall have its insurance agent or company certify in writing that any policy of insurance required
herein with an aggregate limit of liability has not been reduced by paid or reserved claims at the time of
issuance of policy or certificate.
4. Lessee shall furnish copies of the following policies to the City, with limits not less than the following, or
greater if required by law, and shall also furnish certificates of insurance fi.om all independent contractors or
subconlractors hired by Lessee or any independent contractor or subcontractor, which certificates shah provide
evidence of coverage for the following with limits not less than the following, or greater if required by law:
COMMERCIAL GENERAL LIABILITY:
General Aggregate Limit
Products - Completed Operation Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (any one occurrence)
Medical Payments
$2,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000
OR
Combined Single Limit
Medical Payments
$2,000,000
$ 5,000
Coverage is to include: occurrence form, premises/operations/products/completed operations coverage,
independent contractors' coverage, contractual liability, broad form property damage, personal injury, City of
Dubuque named as an additional insured with 30 days' written notice of change or cancellation.
EXHIBIT E
Site I.D.
City: W~5
Nextel: IA-574P-C
MEMORANDUM OF LEASE
CLERK: Please return this document to:
Nextel WIP Lease Corp.
4500 Carillon Point
Kirkland, WA 98033
Attention: Property Manager
This Memorandum of Lease is entered into on this day of ,2000, 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 13th Street, Dubuque, Iowa 52001-4845, (hereinafter referred to
as "Lessor") and Nextel WIP Lease Corp., a Delaware corporation with an office at 4500 Carillon Point,
Kirkland, WA 98033 (hereinafter referred to as "Lessee").
1. Lessor and Lessee entered into a Water Tower & Ground Space Lease ("Lease") on the day
of ,2000, for the purpose of installing, operating and maintaining a radio communications
facility and other improvements. All of the foregoing are set forth in the lease.
2. The term of the Lease is for twenty (20) years commencing on February 1, 2000
("Commencement Date"), and terminating on the twentieth Anniversary of the Commencement Date with
two (2) 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 Exhibit B annexed hereto.
23
City of Dubuque
City Administrator
50 W. 13th St.
Dubuque, IA 52001
(319)589-4110
EXHIBIT E
Site I.D.
City:
Nexteh IA-574P-C
MEMORANDUM OF LEASE
CLERK: Please return this document to:
Nextel WlP Lease Corp. [
4500 Carillon Point
Kirkland, WA 98033
Attention: Property Manager
b '~rp~;I I ,2000, by and
This Memorandum of Lease is entered into on this
[~'tbday of
erween the Ciw of Dubuque, Iowa, a Municipal corporation, created and existing under the laws of the
State of Iowa, with an office at 50 West 13th Street, Dubuque, Iowa 52001-48'J5,'(hereinafter referred to
as "Lessor") and Nextel W1P Lease Corp., a Delaware corporation with an office at 4500 Carillon Point,
Kirkland, WA 98033 (hereinafter referred to as "Lessee").
l,%Lesspr and Lessee entered into a Water Tower & Ground Space Lease ("Lease") on the Ic~xi'h
day of . .~. ~ ~ ,2000, for the purpose of in§tailing, operating ahd maintaining a radio '
commumcafions facility and other improvements. All of the foregoing are set forth in the lease.
2. The term of the Lease is for twenty (20) years commencing on February 1, 2000
("Commencement Date"), and terminating on the twentieth Anniversary of the Commencement Date with
two (2) 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 Exhibit B annexed hereto.
k 5336-00
..... 21]Dt]MAY 17 PMI2:38
i(ATHY FLYRR THURLO'¢I ,_.~\ pO
COUIiTY RECORDER
DUBUEIUE CO., IO~¥A FEES
24
Site I.D.
City: W-5
Nextel: IA~574P-C
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of
the day and year above written.
LESSOR:
The City of Dubuglue0 Iowa
Name: Michael C. Van Milliken
Title: City Mana_oer
ATTEST:
~55J~anne Schneider
City Clerk
LESSEE:
Nextel WIP Lease Corp.
By: O~(~ q~-~
Title: Vice President
Date:
STATE OF IOWA )
COUNTY OF DUBUQUE )
SS.
Onthis ~'~ayof ,g~/~/g~ ,2000beforeme,~'/~,e~/~//~,~/5£9~et~//q.{B,~aNotary
Public in and for the/Sti(e of Iowa, personally appeared Michael C. Van Mitligen 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 ~em voluntarily executed.
TNESS and official al.
· Notary Public
My commission expires: /y"?-~/--O ff~
25
Site I.D.
City: W-5
Nextel: IA-574P~C
STATE OF
SS.
Public. personally appeared' ~,[l&'~-_, ~ ,,~-"~"~·. ' , ,~o me personall~m~wn, who
being by me duty affirmed did say ~[tl'~-~5~s°oiit~ktl[llflg ¥7~ ."0cox-~Jl~ o3~ of said
corporation and that said insla-ument was signed on behatf of the said corporation by authority of
its board of directors and the said corporation acknowledged the execution
of said instrument to be the voluntary act and deed o£said corporation by it voluntarily executed.
WITNESfi_~y hand and official seal...
Notary Pubhc
My commission expires: Ir>/t~_~
(SEAL)
26
Site I.D.
City:W-5
Nextel:IA-574P-C
IN WITNESSWHEREOF, the parties have executed thisMemorandumofLeaseasof
the day and year above written.
LESSOR:
The City of Dubuque, Iowa
By:
Name: Michael C. Van Milliken
Title: City Manager
Date:
ATTEST:
By:
Mary A. Davis
City Clerk
LESSEE:
Nextel WIP Lease Corp.
By:
Name:
Title:
Date:
STATE OF IOWA )
COUNTY OF DUBUQUE )
SS.
On this day of ,2000 before me, , a Notary
Public in and for the State of Iowa, personally appeared Michael C. Van Milligen and Mary A.
Davis, 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.
WRYNESS my hand and official seal.
Notary Public
(SEA )
My commission expires:
24
STATE OF )
SS.
COUNTY OF )
Site I.D.
City: W-2
Nextel: IA-574P-C
On this day of ,2000 before me, , Notary
Public, personally appeared , to me personally known, who
being by me duly affrrrned did say that that person is the of said
corporation and that said instrmnent was signed on behalf of the said corporation by authority of
its board of directors and the said corporation acknowledged the executiOn
of said instrument to be the voluntary act and deed of said corporation by it voluntarily executed.
WITNESS my hand and official seal.
Notary Public
My commission expires:
(SEAL)
25