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Intent to Dispose of a Property to Southwestco Wireless, Inc., DBA Verizon Wireless_Hearing Copyrighted October 1, 2018 City of Dubuque Public Hearings # 2. ITEM TITLE: Intent to Dispose of an Interest in Real Property Owned by the City of Dubuque by Lease Supplements Between the City of Dubuque, lowa and Southwestco Wireless, Inc. D/B/A Verizon Wireless SUMMARY: Proof of publication on notice of public hearing to consider disposal of an interest in real property owned by the City of Dubuque by Lease Supplements between the City of Dubuque, lowa and Southwestco Wireless, Inc. D/B/A Verizon Wireless, and the City Manager recommending approval. RESOLUTION Disposing of an interest in real property owned by the City of Dubuque by Lease Supplements between the City of Dubuque, lowa and Southwestco Wireless, Inc. D/B/A Verizon Wireless SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Intent to Dispose of an Interest in Real Property to City Manager Memo Southwestco Wireless-NNM Memo Staff Memo Staff Memo DBQ Key West SC1 -- Lease Supplement Supporting Documentation DBQ Key West SC3 -- Lease Supplement Supporting Documentation DBQ Asbury SC7 -- Lease Supplement Supporting Documentation Master Lease Agreement Small Cells 5-10-18 Supporting Documentation Resolution Disposing Resolutions THE CTTY OF Dubuque �" ui��eNe�ary DUB E 'il��i;' Masterpiece on the Mississippi Z°°' Z°'Z 2013 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Intent to Dispose of an Interest in Real Property Owned by the City of Dubuque by Leases between the City of Dubuque, lowa, and Southwestco Wireless, Inc. d/b/a Verizon Wireless DATE: September 25, 2018 Information Services Manager Chris Kohlmann, Traffic Engineer David Ness and Greater Dubuque Development Corporation Sustainable Innovations Consultant David Lyons recommend the City Council approve the disposition of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, lowa, and Southwestco Wireless, Inc. d/b/a Verizon Wireless, which will add three small cell locations. In May 2018, a Master Lease Agreement for Verizon to deploy "small cell" infrastructure in Dubuque in the future was approved by the Dubuque City Council. The referenced infrastructure will use small wireless communication devices to enhance capacity in Dubuque to handle the increasing number of users and mobile devices. These devices will be linked by fiber to existing towers and transmission facilities. From assuring signal strength for emergency vehicle runs to improving reception strength in high population/traffic areas to handling the needs of large public gatherings that occur more and more often in Dubuque, this increase in capacity will be important forfuture growth and safety. The City has been successful in engaging the largest incumbent, Verizon Wireless, and developing a strategy for improving mobile capacity. The first step is to improve the existing tower and antenna infrastructure Verizon uses within the community. This step assists in accelerating the deployment of new"small cell" technology capable of better serving Dubuque's growing needs. This request proposes the following three (3) small cell locations. 1 . A pole located at 3564 Digital Drive in Dubuque Technology Park. 2. A pole located at 2701 Rockdale Road. 3. The southwest corner of the intersection of Rosemont Street and Creston Street. This site provides for a new pole at the referenced location allowing City access to Verizon poles for the co-location of City equipment such as traffic cameras. The City would receive $150 annually for each pole. In consideration for the electrical service provided, for each year during the lease term, the City will receive a flat rate of$1 ,500.00 for power consumption for one of the sites and the other two sites will have an electrical meter. I concur with the recommendation and respectfully request Mayor and City Council approval. 1 t�.�JC��'�*'1 �Na, f��t,�-t/st.t�a._ Mic ael C. Van Milligen � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Chris Kohlmann, Information Services Manager David Ness, Traffic Engineer David Lyons, Sustainable Innovations Consultant, Greater Dubuque Development Corp. 2 Dubuque THE CITY OF � DT T� � All-AmericaCitv U Masterpiece on the Mississippi 1 I I I Ial �oo�.,a,z.zo,3.�o,� TO: Michael C. Van Milligen, City Manager FROM: Chris Kohlmann, Information Services Manager David Ness, Traffic Engineer David Lyons, Sustainable Innovations Consultant - GDDC SUBJECT: Intent to Dispose of an Interest in Real Property Owned by The City of Dubuque By Leases Between The City Of Dubuque, lowa And Southwestco Wireless, Inc. D/B/A Verizon Wireless DATE: September 24, 2018 INTRODUCTION As a small metropolitan area, Dubuque faces significant challenges to continue to grow its economy and its community. People want to live where there is world class technology and connectivity. Companies and families won't move to or stay in communities where there isn't such technology and connectivity. The perception of Dubuque is that technological access and connectivity is limited and that where it is available - the speed, cost and choice are not competitive with leading communities across the region and the world. While that perception is presently centered on data/broadband issues, with Dubuque kick-starting successful efforts to move forward, the conversation spreads to mobile connectivity as part of the overall technological access and connectivity conversation as well. From specific safety concerns by the City—for Fire and EMS mobile devices experiencing signal loss in route to a call—to area concerns by neighborhoods for unreliable service during portions of the day, to specific concerns by business regarding additional investments they are being required to make to keep their customers' mobile phones connected, there is evidence of a growing wireless saturation problem in Dubuque. DISCUSSION In May 2018, a Master Lease Agreement for Verizon to deploy "small cell" infrastructure in Dubuque in the future was approved by the Dubuque City Council. The referenced infrastructure will use small wireless communication devices to enhance capacity in Dubuque to handle the increasing number of users and mobile devices. These devices will be linked by fiber to existing towers and transmission facilities. From assuring signal strength for emergency vehicle runs to improving reception strength in high population/traffic areas to handling the needs of large public gatherings that occur more and more often in Dubuque, this increase in capacity will be important for our future growth and safety. We have been successful in engaging the largest incumbent, Verizon Wireless, and developing a strategy for improving mobile capacity. The first step is to improve the existing tower and antenna infrastructure they use within the community. This step assists in accelerate the deployment of new "small cell" technology capable of better serving Dubuque's growing needs. This request proposes the following three (3) small cell locations. The DBQ Key West Tower Site SC1 Supplement to the Master Lease Agreement proposes placement of small cell and associated equipment placement on a pole located at 3564 Digital Dr. Dubuque, IA. The Equipment Space and Antenna Space are as shown on attached document SC1 Exhibit 1 . The DBQ Key West Tower Site SC3 Supplement to the Master Lease Agreement proposes placement of small cell and associated equipment placement on a pole located at 2701 Rockdale Road, Dubuque, lowa. The Equipment Space and Antenna Space are as shown on attached document SC3 Exhibit 1 . The DBQ Asbury Tower Site SC7 Supplement to the Master Lease Agreement proposes placement of replacement pole, a small cell and associated equipment located in the public right-of-way at the southwest corner of the intersection of Rosemont Street and Creston Street. The Equipment Space and Antenna Space are as shown on attached document SC7 Exhibit 1 . The DBQ Asbury Tower Site SC7 Supplement provides for a new pole at the referenced location allowing City access to Verizon poles for the co-location of City equipment such as traffic cameras. BUDGETIMPACT The City would receive $150 annually for each pole. In consideration for the electrical service provided, for each year during the lease term, the City will receive a flat rate of$1 ,500.00 for power consumption for The DBQ Asbury Tower Site SC7. For sites DBQ Key West SC1 and DBQ Key West SC3 Southwestco Wireless Inc. D/B/A Verizon Wireless will furnish and install an electrical meter at each site and will pay the utility company directly. ACTION REQUESTED Attached are proposed Lease Supplements, Exhibits, maps and design drawings for DBQ Key West SC1 , DBQ Key West SC1 and DBQ Asbury SC 7 small cell projects. 2 We would respectfully request approval on the proposed intent to dispose of an interest in real property owned by the city of Dubuque by lease between The City of Dubuque, lowa and Southwestco Wireless, Inc. D/B/A Verizon Wireless through adoption of the enclosed resolution. CC: Crenna Brumwell, City Attorney Barry Lindahl, Senior Counsel Steve Brown, Engineering Kerry Bradley, Engineering 3 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: September 21, 2018, and for which the charge is $53.81. cC tmoCt/vvvkt ()(14) Subscribed to before me, a ► otary Public i nd for Dubuque County, Iowa, this '3, ' day oL j ' , 20/y . Notary Public in and for Dubuque County, Iowa. RY KWESTERMEYER mmission Number 154885 My Commission Exp. Feb. 1, 2020 CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given ,that the City Council of the City,'. of Dubuque„ Iowa, will hold ;a public hearing on the. 1st day of Octo- ber 2018 at 6:00 p.m. in the Historic Federal Building, 350, West 6th Street, second, floor, Dubuque, Iowa, . at which meeting the City Council proposes to dispose of an interest in the following, de - .scribed real property by lease supplement to Southwestco; Wireless, Inc. d/b/a -Verizon Wireless (Verizon) Property at 3564 Digi tal Dr. Dubuque, IA; Property at 270 Rockdale Road, Dubu que, IA; and Public right-of-way at the southwest corner of the i intersection of Rosemont Street and Creston Street At the meeting, the City Council will re- ceive oral and written comments from any resident or property owner of said City to the above action. Writ- ten comments regard- ing the above public hearing may be ',sub- miffed` to the City Clerk's Office, City Hall, 50 W. 13th Street, on or before said:time,of public hearing. I Copies+ of supporting documents, for the' pub- h lic hearings are. on file in the City Clerk's Of• fice and may be viewed during normal working - C hours. Any visual-. or )earl p Mg -impaired persons needing special assis- tance•or persons with special + accessibility O needs should contact" the City.' Clerk's' Office at (563) , 589-4100 or.D TTY 563), 690-6678 at d least 48 hours prior to i the meeting. Dated this 14th day of t September2018. z Kevin S. Firnstahl, CMC, City Clerk '1 it 9/21 r RESOLUTION c NO. 279-18.. INTENT TO DISPOSE I OF AN INTEREST' IN 1 REAL PROPERTY p OWNED BY THE CITY C OF DUBUQUE•r:' BY o LEASES BETWEEN p THE CITY OF DUBU- : S QUE, IOWA AND h SOUTHWESTCO WIRE- 0 LESS, INC.. D/B/A o VERIZON WIRELESS t Whereas,: the City: of c Dubuque, Iowa (City) is w the owner: of the real q property described as follows: a Property at 3564 Digi- 0 tal Dr. Dubuque, IA; Property at 2701 Rockdale. Road, Fi Dubuque, IA; and c Public right-of-way at 1 of the ; intersection :of Rosemont Street and Creston Street (the Properties) ";,and,L,- Whereas, _,City; and Southwestco Wireless, Inc. d/b/a Verizon Wireless (Verizon), en- tered into a Master - Lease Agreement>dat ed May; '10; 20181;(the Agreement), which - granted Verizon ther right to lease certain City property for the purposes: and subject to the conditions set forth, in,the Agreement; and Whereas, Verizon de- sires to ',lease certain spaces, on and within the Properties as shown on.SC1 Exhibit 1 -Site, Plan of Premises; SC3 Exhibit 1 -Site Plan of Premises;, and SC7 Exhibit 1 -Site. Plan of Premises, attached to the Lease . Supple- ments; and Whereas, City; andl Verizon have tentative - y: agreed; to• the Lease Supplements,•attached ereto; and Whereas, the• City Council• believes it is in the best interest of; the ity of Dubuquetoap,-- P the Lease.Sup lements. NOW, THEREFORE,' BE IT RESOLVED'` BY •JIE '-CITY COUNCIL, OUNCIL F THE . CITY .;--OF? DUBUQUE, IOWA: Section -1 The City of ubuque intends to ispose of its interest n the. Properties; by., Lease Supplements be - ween City and Veri- on; and Section 2. The City Clerk is; hereby aautho- ized and directed to ause this Resolution and a notice to be pub shed as :prescribed( by owa Code 364.7.; of a ublic hearing on. the itys intent to dispose f its `interest in the roperties by Lease upplements, to be eld on the •lst day of ctober'.'2018, at '.6:00 o cickp.fm.:at`the His - uric Federal Building, ouncil Chambers, 350 . '6th Street, •Dubu. ue, Iowa. Passed, approved' and dopted this 17th day September 2018. ' • Roy D Buol, Mayor Attest:•Kevin;5. rnstahl„CMC, ity Clerk t 9/21 ' the southwest ,corner RESOLUTION NO. 295-18 DISPOSING OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE SUPPLEMENTS BETWEEN THE CITY OF DUBUQUE, IOWA AND SOUTHWESTCO WIRELESS, INC. D/B/A VERIZON WIRELESS Whereas, the City of Dubuque City (City) and Southwestco Wireless, Inc. d/b/a Verizon Wireless (Verizon) entered into a Master Lease Agreement dated May 10, 2018 (the Agreement), which granted Verizon the right to lease certain City property for the purposes and subject to the conditions set forth in the Agreement; and Whereas, Verizon desires to lease a part of the City property as shown on DBQ Key West SC1 Exhibit 1, DBQ Key West SC3 Exhibit 1 and DBQ Asbury SC7 Exhibit 1 (the Premises); and Whereas, City desires to lease the Premises to Verizon pursuant to the Lease Supplements, attached hereto; and Whereas, the City Council, by Resolution No. 279-18 dated September 17, 2018 declared its intent to dispose of City interest in Premises; and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on September 17, 2018 at 6:00 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, the City Council has determined that it would be in the best interests of City to enter into the Lease Supplements and lease the Premises to Verizon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque approves Lease Supplements between City and Verizon and the lease of the Premises to Verizon. Section. The Mayor is authorized and directed to sign the Lease Supplement on behalf of the City of Dubuque. Passed, approved and adopted this 1St day of October 2018.. i✓ uis Del T o, Mayor Pro Tem Attest: Kevi itS. Firnstahl, C C, City Clerk LEASE SUPPLEMENT This Lease Supplement ("Supplement"), is made this day of , 20_ between the City of Dubuque, Iowa, whose principal place of business is 50 West 13th Street, Dubuque, Iowa 52001 lr"Lessor"), and Southwestco Wireless, Inc. d/b/a Verizon Wireless, whose principal place of business is One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("Lessee"). 1. Master Lease Agreement. This Supplement is a Supplement as referenced in that certain Master Lease Agreement between the City of Dubuque, Iowa and Southwestco Wireless, Inc. d/b/a Verizon Wireless, dated May 10, 2018 (the "Agreement"). All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. Premises. Lessor hereby leases to Lessee certain spaces on and within Lessor's replacement Pole located in the public right-of-way at the southwest corner of the intersection of Rosemont Street and Creston Street, Dubuque, Iowa including, without limitation, Equipment Space and Antenna Space above the light arm on the Pole, as well as Cabling Space within the interior of the Pole. The Equipment Space and Antenna Space are as shown on Exhibit 1, attached hereto and made a part hereof. 3. Term. The Commencement Date and the Term of this Supplement shall be as set forth in Paragraphs 3 and 5 of the Agreement. 4. Consideration. Lease payments under this Supplement shall be $150.00 per Pole, per year, payable in annual installments as set forth in Paragraph 3 of the Agreement. Lease payments shall be delivered to Lessor at 50 West 13th Street, Dubuque, Iowa 52001. 5. Power Charges. In consideration for the electrical service, for each year during the Term Lessee shall pay Lessor a flat rate of $1,500.00 for its power consumption (the "Power Charge"). The annual Power Charge shall be paid in annual installments, and shall commence and be paid concurrently with the lease payments pursuant to Paragraph 4 above. Lessor shall have the right, no more frequently than once each calendar year, to provide Lessee with information sufficient to demonstrate, to Lessee's reasonable satisfaction, that the actual costs for the electrical service utilized by Lessee exceed the Power Charge. In the event the Parties mutually agree that the costs of the electrical service utilized by Lessee exceed the Power Charge, the Parties shall negotiate, in good faith, an increase to the Power Charge and shall amend this Supplement to reflect the same. 6. Site Specific Terms. a. Replacement Pole Installation by Lessee. Lessee agrees to construct, at its cost, the Lessor's replacement Pole according to the location, size and specifications contained within the final construction drawings as approved in writing by Lessor. Lessee agrees that the Pole will be constructed in a good and workmanlike manner in accordance with the approved plans and specifications unless otherwise approved in writing by Lessor, which approval shall not be unreasonably withheld, conditioned or delayed. Lessee acknowledges and agrees that Lessor Page 1 of 3 JOBQ Asbury SC7 - Lease Supplement (GL# 457546) CORE/0762186 2998/141433215.1 may lease unused space on the Pole and in the public right-of-way to other lessees, subject to Paragraph 11 of the Agreement. [Signature Page Follows] Page 2 of 3 DBQ Asbury SC7 - Lease Supplement (GL# 457546) CORE/0762186,2998/141433225.1 IN WITNESS WHEREOF, the Lessor and the Lessee have executed this Supplement effective the day and year first above written. LESSOR: City of Dubuque, Iowa By: L"-1/ Name: Roy '`I , Bnol Title: Mayor Date: October 1 , 2018 LESSEE: Southwestco Wireless, Inc. d/b/a Verizon Wireless By: Name: Title: Date: Page 3 of 3 )BBQ Asbury SC7 - Lease. Supplement (GL# 457546) CORE/07621862998/ 141433225.1 EXHIBIT 1 Site Plan of Premises (See Attached) Exhibit 1 Page 1 of 3 DBQ Asbury SC7 - Lease Supplement (GL# 457546) CORE/0762186.2998/ 141433225.1 I ; ` I � 1 ' 1 �� ; �� ; � ` � � � ; � � � � � � ! � , � � , I � � � � � �� i � � i � --� � � ------------------------------------ � _ �� 0 W �� k� � PII&1C PoGHf OF MY1Y W C � z 0 � � n = v E�ibit 1 Page 2 of 3 DBQ Asbury SC7-Lease Supplement(GL#457546) CORE/07621862998/141433225.1 LESSEE ANTENNA TOP OF POLE HEIGHT 26.0' AGL IFSSEE EQUIPMENT SPACE $P 0 22,3' AOL LESSOR LIGHT— LESSOR REPLACEMENT POLE GROUND ELEVATION 0.0' AGL Exhibit 1 Page 3 of 3 DBQ Asbury SC7 - Lease Supplement (GL# 457546) CORE/0762186.2998/ 1414332155.1 STREET SIGNS DBQ ASBURY SC7 ' , SITE NAME: ! SITE NUMBER: � ATN/DATE MASTER LEASE AGREEMENT ' C� This Master Lease Agreement(the"Agreement") made this�ay of 20 („ between the City of Dubuque, lowa, with its principal offices located at 50 West 3`h Street, Dubuque, lowa 52001, hereinafter designated LESSOR, and Southwestco Wireless, Inc. d/b/a Verizon Wireless, with its principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920(telephone number 866-862-4404),hereinafter designated LESSEE. LESSOR and LESSEE are at times collectively referred to hereinafter as the"Parties"or individually as the"Party." ' RECITALS WHEREAS, LESSOR is the owner of, or holds a leasehold or other possessory interest in, certain properties, utility poles and/or facilities, which are located within the geographic area of a license held � by LESSEE to provide wireless services issued by the Federal Communications Commission (the "FCC � License");and WHEREAS, LESSEE desires to install, maintain and operate "small wireless facilities,"as that term is defined in Chapter 8C of the lowa Code, as amended (the "lowa Cell Siting Act"), and related communications equipment on certain of LESSOR's properties, utility poles and/orfacilities;and WHEREAS, LESSOR and LESSEE desire to enter into this Agreement to define the general terms and conditions which would govern their relationship with respect to particular sites at which LESSOR may wish to permit LESSEE to install, maintain, and operate small wireless facilities and related communications equipment;and WHEREAS, LESSOR and LESSEE acknowledge that they wil) enter into a lease supplement ("Supplement"), in substantially the form attached hereto as Exhibit A, with respect to each particular location or site on which the LESSOR agrees to allow LESSEE to install, maintain,�and operate small wireless facilities and related communications equipment;and WHEREAS, LESSOR and LESSEE desire to improve and expand communications coverage and services in the City of Dubuque, lowa;and WHEREAS, the Parties acknowledge that different related entities may operate or conduct the business of LESSEE in different geographic areas, and as a result, each Supplement may be signed by LESSEE's affiliated entities as further described herein, as appropriate based upon the entity holding the � FCC License in the subject geographic location. . NOW THEREFORE, in consideration of the mutual covenants contained herein, and intending to be legally bound hereby,the Parties agree as follows: 1. PREMISES. Pursuant to all of the terms and conditions of this Agreement and the applicable Supplement, and subject to LESSEE's compliance with any permitting requirements imposed pursuant to the lowa Cell Siting Act, LESSOR agrees to lease to LESSEE certain space as available and described in the applicable Supplement upon LESSOR's utility poles (the "Poles") and/or surrounding real and/or personal property (LESSOR's Poles, personal property and surrounding real property are hereinafter sometimes collectively referred to as the "Property"), for the installation, operation and maintenance of small wireless facilities and related communications equipment;together with the non- CORE/0762186.2998/134631729.8 e ligh[ of Ingress and egress fmm a publi[ rigM1bo4wag sevm �1) tlrys a week, twenry bw �34� M1OYn 1a aay, ov¢p YndPf anE�broYgb�h¢ProOP�N�O antl frOm�b¢ Pf¢mk¢5 �a5 M1¢rPlnahPr d¢Metl�lof tM1e purpore o!mstelhtion, operetlon en0 malntenence o! tFSSEFs small w'rreles fanlTles antl mlatatl i�a(ions equipmenp subje�I �o mmpllana wi�M1 applioable Laws (as tleFlneJ In Varag�apb II Mlow�nTM1e space leasetl by LESSOR [o LE4EE tlescribetl in [M1e appllcable Supplemen� Is M1ereinaher �onem.ery ,ek„ea m a: me ^v�em�:��. me r,emrse: mav mmae, wunom um¢ano�, �ena�n zoace on [M1e gmuntl ��M1e "Equipment Space") on IM1e Pmperty. antl spare on �M1e Pole 5uH1[ien� !o� tM1e nslalla[ion, opera�ion ana main�enance of antennas and olM1er equiOmenl (IM1e "Antenm Spa<e") as desnibetl in [M1e Sup0lemmt No[wi[M1s�antling anylM1ing in any Supplemen[ �o IM1e wnVary� �M1e a,em�.e, ��ae� earn s�pv�eme�c .nan '�na�ae s��n aad�no�ai �oaa �e s:ary nr me m:�ananon, operation antl maintenanoe of wire; oabley ron0ui�s, antl pipes ([M1e "Cabling Space") mnning be[ween antl among [M1e variom potlions of �M1e 4remisee antl �o all neressary eletlrioal antltelepM1one u[ili�g cable, anJ �iber somces Iora�eG wRM1ln [M1e Vropehy. If Mere are no� mff¢ien� ebRric and [elepM1one � ulldy, cable, orflbersourcesbcatetlontM1e4mpertgLE550RagreeslogranlLE55EE,m(M1elowluHli[y, . o� Obe�orcahle pmvl0eq tM1e figM1� �o Inrtall any utllitles, able, antllber oq tM1mugM1, oveq and untler tM1e Propetly necessary for LE4EE to opea[e i�s mmmunioa�iore taoili�y, provitletl �M1e bca�ion of tM1ose utilRle; cablq antl fiMr sM1all be as reasonably tlesigna�etl by LESSOR antl pmvitletl PortM1er Iba[ [M1ere is mfflcienl available space 'm tM1e Vremises as tle[erminetl by LESSOR In i�s sale tliscre(io4 reaxonablV applied LESSOR sM1all tle[ermine wM1e�M1er�M1e Fremises sougM1[ by LEREE is Gmpehy of IM1e LEROR, anE sM1all timely naify LESSEE if a xurvey ro establlsh tM1e limlb of tM1e Premises is requlred if sucb a xurvey ix requiretl, LESSEE may pmvide �M1e survey a� i�s own ros� or may bave LESSOP provltle [M1e survey antl reimburzeLE550Pfo��hem9s�be�eol. 2 CONOITION OF FRO4ERtt LESSOP shall Eelive� �M1e P�emises to LESSEE In a mntlRion reatly for LE4EE9 mns[mRion o! Rs impmvements and clean and &ee of tleb�is. LESSOP re0resents anaw anlstoLE55EE�M1a( asoRM1eEHeclrveDa�eMea[M1Sup0lemen�, andmnHnuing�brougM1outtM1e Term las M1ereinaXer tleflnetl) of ea�M1 Sup0lemenC (a� t�e Voles are In gootl aon0ltlon antl xtmclurally untl; (b� �M1e Gmperty is ompliance wi�b all Wws, 'mdutling any ap011wb1e bulltling mtles, regula(iony or ortllnanas [M1aI may exii[ wl[M1 rega�tl �o tM1e Polez, or any part tM1ereoP, antl �c) LESSOR will a sis[ LE4EFs vestiga[ion of �he �rpOeM �o tle[e�mine wM1e�he� o not lead-baseJ painq � asbes�os, o� o�M1e� M1aza�dous�subAanms �ai �M1a� �erm may be tlePmetl untler any applirable fetle�al, s�a�e o� lo[al law) are presen[ on tM1e Grem6es. If a breaoM1 of tM1e represen�a�ions antl warran[ies � conlained In �his FamgnpM1 2 is tlkcwerea a[ any time tluring �M1e Term of a particular SupPlemenp I LESSOR sM1all, O�mptly afier rerelp� M writlen no�ice fmm LE4EE se[[ing brtM1 a tlescriplion of �he breach, reRlly IM1e noncompllance a[ LESSOR's expense or pmvitle LESSEE wi[M1 a reasonably zul[able al�emaMesi�e. 3. TEPM' PENTAL. (a) Tbls Agree en� sM1all ba br a (e�m M �wenry (30� years [ naing upon �be eou[ion M1ereof by bo�h Parties. Ea[M1 Supplemen[ sM1all be elfec[ive as o! [M1e tlah of execu[ion by botb Farties �tbe "Flf tive Oate'f, p�ovltletl M1oweoeq [M1e Ini�ial �erm of eaoM1 Supplemen[ sM1all be for Im �30� years antl sM1all mmmena on �M1e �nt day of �he mon�M1 following [M1e tlay tM1at LESSEE en<¢s Ini[alla�lon o!i�s equipmenl on IM1e Premises �[M1e "Camm¢nam¢n[ Oa[e"�, a[ wMCM1 time lease paymentx sM1all mmmence antl be tlue at a total annual rental of $SSO.W per Golq to be Oald ually on �he Commenttmen[ Da�e antl on or bebre eacM1 anniversary ot�M1e CommencemeM DMe, n advantt, to tM1e payee tlesignatetl by LEROR in [M1e Supplemen[, o��o su[M1 o[M1er persoq firm or plare 1 Cfly of�ubuyoq IA� Smell Cell MLA(CL p45]545) [DP&NrvlldnID9M13oqn19P � as LESSOR may, tmm [ime[o �ime, tlesigna(ein wri�ing a[ Ieaslninery �90� tlaysln ativana ofanylease Oaymen� da�e by no[i<e given In acmrtlan�e wpM1 PangqpM1 1] below. LESSEE sFall notity LESSOR prior � �o-0eginning anlnstalla[on by oalling, oremailin& �M1e Ciry's Public Works �epartmen� at �563) 589� . 4350 �pM1one) or publioworNs@cityoftlubuque.org �email� a� leasl 30 M1ours prior to [ enaing Ins�alla[ion, antl LESSOR antl LESSEE agree [M1at �M1ey sM1allacknowletlgein wrRingtM1e Commen[emen[ �a[e of eacM1 Supplement LESSOP antl LESSEE aoknowletlge antl agree[M1a[�M1e Ini[ial lease Oaymen[fo� eacM1 Supplemen[ may no[ aoWally be sen� by LESSEE un�il nmery �90� tlays ahe� [M1e wtl��en acknowleJgemen[of[M1e Commenremen� �a�e. �b� Upon agreemen� of �M1e Partiey LESSEE may pay lease paymen�s by eleRmni< Pondi Vanife� anJ In �M1a[ even�, LESSOP agre¢s [o prwitle [o LESSEE lunk rou[ing inbrma[ion Po� �M1a[ ' pwpase u0a� requei[MLESSEE. � (c� For any pa�lyto wFom leaze paymen6 are to be matle, LESSOa orany suxesmrin 'mlerest of LESSOR M1ereby agreei ro pmvitle [o LESSEE �i� a om0le�etl, a en� v ot In�emaL Revenue Servire Form W-9, or equivalen[; �ii� mmple�e andfully ere[u�etlstate andeb[aIwRM1M1oltling lorms it requiretl; antl (iii) otM1er tlocume�rtMion [o ve�ify LESSOR's o�m[M1 o�Fe� party'sIIgM[o receN¢ r¢n�alasisreasonablyreques�etlbyLE55EE. RenlalsM1allaamelna[roNan[ewhM1 [M1isAgreemenpbu� LESSEE sM1allM1aae no obliga[ion [o tlellverlease paymm6 untiltM1e reques[ed do<umen[a�lon M1as been IveJ by LESSEE. Upon receipl of [M1e reques�etl tlommmla(ion, LESSEE ihall delive� �M1e acauetl leaze paym¢n�s as tlireo(etl by LESSOP. (tl) LESSEESM1allberes0onsibleb� paymen[ ofanyOe�mltappllca�lonleesrequiretlby�M1e LESSOP4 mtle o!ortllnances, as amentl¢d, pulSuant�0 5¢ttiOn SC]A3�Q�1) Of�h¢ IOwa Cell $I�ing AR. az amentled �� . 0. EIfRRIfAL � (a) LESSORSM1aII, a[all �imestluring[M1eTermofeaoM1SupplemmqM1ave [M1eoOPortumry[o � provltle elMtlaal s antl telepM1one s wi�M1in tM1e Premises. In [ nsitle�atlon for lea�tl[alservlce usage by LESSEE, oM1ages br electnralfservia sM1all be paid by LESSEE In acmrJance wi[M1 tM1e ce�mi of[M1¢ applirable Supplemenp wM1icM1 may 'mclutle a spe�rfled charge payable ro LESSOP . unde� [Fe Supplemen[ In atltli�ion [o [M1e lease paymen�s payable [M1ereunde[ If n eletlncal o ttlepM1oneservlcelsavailablea[�M1ePremisesLESSEEwiIlM1ave[M1eop�ionrosupO�Yandlns�allseMreat . i�s expense aHerapprooal by�M1e LESSOP antl�M1e u(iliry pmvitler. �b� LESSEE sM1all be perminetl at anytima tluring tM1a iarm (az tlaflnetl hereln� of eaaF Supplamen[ [olns[all, maln[aln, enJ/orprooltle eccau (o antl u a of, as naoazsary (dming any pow In[e�rv0�lon a� �be Premises�, a �empoary p�we antl a (em0o�ary ins�alla�ion ofany o[M1er � ervlces antl equipmen[ requlmtl (o kaep LESSEE4 mmmuM[aHonslatlNy opea[lonal, elong wi�M1 all r¢IateJ equipmen[ antl appurtenanres wi[M1ln �he Premises, o ehewM1er n [M1e Pmperty In u[M1 . oca[ions as reasonablyaOP/ovetl by LESSOR LESSEE sM1allM1avelM1erigM1� �eins�allcontlui[s conne[[Ing [be [emporary pow antl lbe ttmpo�ary ins�allapon ol any otM1er s¢ antl equipmen[ re0uired �o keep LESSEEScc ca[ions faciliry ope�a�ional, and related appurtenances �o [M1e � Premises. All�em0o2rylns[alla[onsmus[beremovetlwRM1intM1irry�30� daysolpowenesuming � l Wy of WM1�quq iA-9me11 C`all A9.A(OL W59545J vxvmaidra�nenvm�tt5a � i 5. E%TENSIONS EacM1 Supplemen� SM1allautoma�lcally be e�ende0 lortwo �3) atltlplonal five (5) year �e�ms unless LESSEE �ermina[es [M1e Supplemen[ attM1e ena of tM1e [M1en curtent [erm by glving LESSOq wdtten rolae of�he In�en�to[erminatt a[ leart[M1ree (3� mon[M1s prio�ro tM1e entl of[Fe iM1en current te�m. The imtlal rerm antl all eaensions untler a SuOPlement sM1all be mllenivep referretl to M1ereln as �be "Te�m'. NotwitM1rtanding anNhing M1e�ein, aher �M1e ex0�ra�ion of[M1I5 AgreemeM, hs - ce�ms antl wndl[lons zM1all survive antl govem wi�M1 resOeR[a any remaining Supplemenls in eHect mtil � tbelrexplraHom��e�minatlon. � 6. USF GOVERNMENiAL NPPPOVAIS LESSEE sM1all use [M1e Fremisesfo� [M1e puryose of onshuRln& maln[alnln& �QPaitlng an0 open[ing a ica�loni la[iliry antl us incltlen�al tM1erero, LESSEE fiallM1av¢ �be �igM1p wi�bou� anyin[rease0i'nlease paymenl; to re01a[e, repaig add or othern�lze modiry Its uci0cies, flber or cable, equipment, antennas antl/or mntluits o anv portion mereor, zna me rreo�eme: wer wnirn me ea�ioma�o orR,aoe:, wneme, me eawomeoo, zmenoz:, ondui[so� freque respe�iFletlo� ro[ onanyexFibitattacM1etl [oaSupplemenqtlwinglM1eTe�m; pmviaed, bowever�ma�aany aaaicions ro me mmmunicaeion taciiM�nae wowa exreea xne vowme�nc Ilmi[a[ions for a small wireless faciliry as tleFlnetl by Yc[ion 8C3.10A of [M1e lowa @II Si�ing AR, as enJetl, must be rrviewetl antl apprwetl by LE40A prior�o installa[ion. If a new permi[ or appmval untler[M1e lowa CeIISRing Atl is requiretl for mcM1 atltlRional equipmenq aJtlltional lease paymen�s may berequireEN sktentwitM1appllaableLaw. ItisuntlerstmdandagreetltM1atLE55EPsability . �ouSetM1e4reml¢5kron�ingentuponLE4EEobtalningaker[M1eexeautiontlateo�eacM1Supplemen[all o� [M1e rerti&a�es, permLLsantl otM1erapprovak �mlleRively �M1e "Gav¢rnm¢n[alFppravali'� tM1a� may be requlretl by any Federal, State m Local autM1onties, as well as a satislaRory vole simRural analysis tM1atwillpermi� LE55EE useof[M1e 4remises asse[lortM1 abov¢ LE40RSM1allmopera�e wRM1 LESSEEini6 effoh (o ob�ain tM1e Govemmen�al Appmvak, and sM1all (ake no aRion wM1ioM1 would ativersely affeR[M1e itatuso![M1ePropertywRM1respeRto [M1ep�oOosetluse[M1ereofbyLE55EE LEAEESM1aIIM1ave[M1erigM totermina�e tM1e applicable Supplementi[ (I� any otlM1e appGca[ions for Governmen[alApprwals is Mally refetletl, (I) any Governmen�el Appmval is uetl to LFSSEE k oanoele4 expires, lapses, o otM1erwise wltM1tlrawn m [erminatetl by go�emmenlal autM1oriry; (Ii1� LE55EE de�emiines tM1a[ �M1e Governmen�al Approva6 may not be ob�alnetl in a [imely m r, �iv� LE55EE tle�ermines [M1a� �M1e PrPm15¢sis nOlOngPr�ecM1nlfally mmpatiblefori6 u5e; or �v� LE4EE, ini�5 SOIe tllscrefion, de�ermines tM1at �M1e use ot tM1e Fremises is obsole[e or unnecessary. No(ice of LESSEFs exercise of Rs rlgM1� to cermina[e sM1all be gioen to LESSOR In acmrtlance wi�M1 [M1e no[ioe pmoisions srt fortM1 In PoragrapM1 1] and SM1all be effMive upon tM1e mailing of[M1at notice by LESSEE, or upon sucM1 later tla[e as tlesigna[etl , by LESSEE. Alllease paymen�s paitllo [M1e �ermination Jate SM1all be re[ainetl by LESSOR. Upon wcM1 [erminMioq IM1e appllcable Supplement SM1all be of m furtM1erfora o�eHetl exrep[�o [M1e eaten� of tM1e ' representationy warmn0e5, antllntlemni0es made by eacM1 Party �o �M1e qbertFereuntler. O�M1e�wise, � Me LE4EE sM1all M1aoe no lurtM1er obliga�lons for lease paymen6 to LESSOR for [M1e [emiinrtetl � . Supplement Il requirea by appli�able Law, LESSEE sM1all regisler wi[M1 lowa One Call by [allirig 1-BW� 292-8909, wi(M1submissionoftlommenta�ion [oLESSOftwM1mrereived LESSEEo� ksron�nttorsSM1all � responsible PorcomO�e[ing any Peiml[ ro Woikin Flght�o}Way aOPllca[ionsantl asso[ia[etl �ees, as requiretlbytM1eLE55oa'saotleofortllnanaes,asmayGom[metotlmebeamended. ]. INDEMNIFlGTON. Sublett to Vare�apM1 8 below, b Ihe ex�en� allowed by law, ea[M1 Party sM1all tlefend, indemnl/y antl M1oltl [M1e o�M1erM1armless against any tlaim ofllabiliry or bss fmm Oarsonal Injury o� property Oamage resul[ing lrpm or ansing ou� of�M1e negligence or wilHul miswntlutl ot [M1e Indemnitying Partg i[s em0loyees, mn[nttors or ageMs, excep[ to IM1e extent rvcM1 claims or 4 CtiryofOubuq�IA- SmWIGJlb�4(GLHG5956� . � I aamase� maveea�em, orca�:eaneme �es��ae�� ,w�nmim�:m�e��oorme ��mem��reecanv, a, �v emnioree+, mn�aaors a� asem,. me '��aemn�nea vam w�n p�o.me me maemmhma vam wrtn o�ompq w��nen �once or a�y wram daim cwered W miz maemnmcano�; p��aea ma� a�ytan�re or me maem�mee vam m n�o�me a�v :�rn �on<e o� m pro�me m n�ompcp, .nan �o� rer�e�e me Intlemnllying pahyfmm Its IntlemNfi<ation obligaHons In respeR of m<h [lalm, axcap�ro Iha eManttM1e Intlemmtying PatlV �^ es[abllsM1 atlual p�e�udlce anJ dire<[ damagez ai ezW[ tM1ereof The Intlemnifletl PaM K'ill rooperate appropriately wRM1 [M1e InJemnl(ying 4arty In w ceRlon wltM1 �M1e Intlemnifying Patly/s tlefense of su[M1 claim. The Intlemnitying pahy zM1all tle(end any Intlemnl0etl Par1%. at tM1e intlemmfietl Pary/s request againit any olaim wtth ro nsel re nably 5a�i5faRory �o �M1e IntlemnffietlParty. Theintlemm(ying4artysM1allno� SeVleortompm anyzucM1tlalmo�wnsentto �M1e enVy ot any�utlgmen� wRM1out tM1e prlo�wnpem m�SeM of eaaM1 -n'demnlfletl Patly antl wpM1ou� an unronJi�ional.release of all clalms by eacM1 tlalman�or plalnfR In favor of ea<M1 IntlemnrfleE Party. 8. INSURANCE. IfSSEE agrees aI i6 own [os� antl expense (o pmvitle 'mm�ance as se� fortM1 In �M1e attacM1etl Inmrance XM1etlule q as sucM1 SCM1etlule may tmm [ime [o �ime be amentletl by LESSEE antl LESSOR LESSEE acknowletlges tM1a[ LE5500.is a member of[M1e lowa Communi(ies Asmrana � . Pool (ICAF� antl IfSSEE a<knowletlges �M1M Lf5500.'s In erage is subjeR [o tFe ierms of If5500.'S ICAP Agreemmt Lf55EE agrees [Fa[ i�s appmval a(any pmposetl amentlmen[ro�he coverage limi6 in Insurance SCM1etlule A will noI be unreasonably wRM1M1eltl, mntlkionetl, or tlelryetl. LFSSOR antl � LESSEE eacM1 agree �M1aI R will intlutle �M1e o�M1er 4arty as an atltli�ional inmretl as [M1eir in�eres6 may appearuntlerlM1lsAgre menL . 4 LIMITNTIONOFLIA9ILITV. Exoep� forintlemni��'a�ionpursuant[oVaragnpM1s )anE30, vlolation ot law, neRM1er vatly sM1all be Ilable to tM1e o[M1er, o any oliM1eir respeRive agenis, � , 2presenG�ives, employees for any losl rev e, los� pmfb, loss ot �ecM1nology, rigM16 0 ncitlental, punifve, intlireo�, specialorwnsequen�ialtlamages, lossoftla[a, orin�ermp�ionrorelosseof use of servire, eren itativisetl of�M1e p�ssibilhy olmcM1 tlamages. � 10. TE0.MINAlIONBVLE4EE. NoIwRM1SlantlinganylM1ingtotFemntrarymn�ainetlAerein, provitletl LESSEE Is noI in tlHaul[ M1ereuntler beyontl a0P11[able no(ire antl cure pe�iod; LESSEE shall M1ave [he �igM1t[o[erminatt eacM1 Supplemmt upon giving a� leart tM1�ee (3� montM1s O�io�w�itten no[la �o LESSOP. . 11. INTEPFERENCE LESSEEagrees[oins[allequipmen� oflM1erypeantlfrequenrywM1lcM1will not cause M1armful 'm�erterence wM1ICM1 Is meamnble in a[rortlance wi�M1 Ihen exis[ing intlus(ry 4antlaltl5 �o any equipmen[of LESSOP o�othe��enan[5 of tM1e Propepy wM1ich exBtetl on tbe Pmpetly ptlo�to [M1e dace �he appll[able Supplement B m[etl by [M1e Garties, or �o any publlc satery m ca�ions . equipmen� ownetl by ��e LESSOR. Ine[M1e even� any aRer-ins�alletl LESSEFs equipmm[ auses wcM1 Interterence,anJ aker LESSOR M1as no�ilietl LESSEE ot m[M1 'mlerterena by a wntten mmmunica(ion antl rall ro LESSEE's Network Ope�aHons Center at (�900� 26q-6Q0�, LEAEE wlll take all mmmercially nable s�eps n uary �o w�rect antl ellmina�e [M1e inRrterenw, inoluJing but no[ Ilmpetl �o, a[ LESSEPS oplion, powering tlown SucM1 intertering equipment antlla�er powering up sucM1 in�ertering equipmen� for Inte�mRlen� �estlng. If �M1e In�erference mn9nues br a pe�lotl In ofJ9 M1ours followingsucM1no[ifira[ion, l£SSOPSM1aIIFave�be �igMtorequlreLEREE�o �eduttpo%we and/o� ope�a�ion un�ll SuoM1 �ime LESSEE can aHetl repairs �o �he In�edering epuipment LESSOP will notabe en�itled to termina�e a Sup0lement untler Pang�apM1 19 as long as LESSEE I5 making a gmJ fai[M1 effotl to remetly tM1e In�erterence hsue, exapt in cM1e caxe of an immedlare tM1reat ro the O�bllc M1ealtM1, safery, 5 6q o[Oobuyue,lA�� Small Gll MLA(CL'd4595<� weltare �ausetlbyinleRerenawi[M1 �M1eLE550R'spubllcsatetymmmumaa[ionseqWpmenG LESSOR � agrees tM1a� LESSOR antl/o� any o[M1er users M tM1e Propehy wM10 mrtently M1ave o� in �M1e fuNre �ake � possession of �M1e Pmperty will be permittetl to ins[all only sucM1 equipment [M1a� Is of �M1e �ype antl frequenry wM1i[b will no� cause M1a�mPol intederence wM1ioM1 Is urable in ¢ortlan�e wilM1 �M1en . exirting Intlus�ry s�antlartls �o [M1e tM1en existing eQuipmen[ of LESSEE. It LESSEE tleRrmines, in i�s nable Jiscretiory [M1a[ LE40R'S equipmen( or any o[M1er uSeYs equipment permltted bp LESSOP li s ng inlederence, LE550R sM1all, upon wril(en mmmunication antl a aall fmm LESffE to LESSOR's network managemen[ cen�er, a� �563� 589A38q [ake all steps necessary to.mrrect antl ellminate tM1e In�erterence, inaluding aausing o[M1er users causing sucM1 in�erFerenre to rorrec[ and ellmina[e tM1e InttrFefPncP. I!thP InttrkfPnre wntNUPSlOf d p¢rlOtl In ¢Xf¢55 Of 48 M1OUlSlOIIOWIng tM1P nO�HICa00n, LESSOR sM1all, o�5M1a0 reqWre any o�be� uSeHq reduce powe� and/w aease ope�atlons until mah �Ime � a5LE550P, ortM1eMM1e�useq [aneHetlrepalrsto�M1eln[erferingequipmenLibeGartiesacknowletlge [M1a tFere wlll no[ be an adepuate remedy at law fm nonmmpliantt wttM1 the provisio� o! tM1k Paragra0h ana �berMore, el�ber PaM sM1all M1ave �M1e tlgM1[ �o e0ui�able remetlle; mcM1 as, wl�boW � limi�ation, injunttive rellef antl s0earflc pedormance. � 12. REMOVALATENDOFTERM LESSEEfiaIl, wi�M1lnninery�90) daysaherexpi2(ionof[M1e Term, or any eadmr ttrmination o! a Supplement, remwe Ics equi0ment, mntluity flxWres and all pers nal pmperty antl res�ore tM1e Premises [o ks o�iginal rontli[ioq re nable w antl (ea� and ualry tlamage ex[epled LESSOP agrees antl a�knowletlges [M1aI all T [M1e equipmenq mntlui6, fixfures and penonal pmpe�ry of LESSEE sM1all �emaln [Fe personal 0/opehV o<<ESSEE antl LESSEE sFall M1ave tM1e �igFl (o re ve [M1e sa e a[ any Ome during [M1e Te�m, wbe�be� o� m� saltl I�ems a nsidered Ilxcures and anachments to real propeny mJer aOPllcable Laws. I( tM1e timelor remwal es LESSEE �o remain on [M1e Premises ahe�[e�mina�lon M�M1e SuOPlemen�, LESSEE sM1all pay �en� a� � tM1e�M1en-PxiS�ingmontM1ly2�P, OfOntM1eexirtingmOn�MyOro-�a�dbd5i5ifba5PdU00nalOngPfOaymP�t ie,m, ��ni :�m eme a: me remo�ai oi me a��e��a :n�a�,e rn�re: a�a du a=,sooai o�oa=nv =,e �omvie�ea. 13. IMENiIONALd�ELETE�. 10. RIGHIIOFONSALE. If, a(any[imadutlng�beTermofany5u0VlemenpLE5500.detltles: �1) [o sell or [ransfer all or any patl of [M1e PmpeM o� [M1e Poles [M1ereon �o a purtM1aser olbe� [M1an LESSEE, or �ii)[o grant to a �M1irtl party by easement o�o[M1e�legal 'mslmment an In�e�ert in �M1a� portion � o! �M1e Vmpehy o�mpietl by LESSEE, o a larger portion IM1ereof, tor IM1e puRose of ope�a�ing antl ain[ainingmmmunioa�ionzbcilitiesorr�M1emanagem vFereo( �M1a[ saleo�g2niolaneazemmtor Interest tM1ereln sM1all be subjetl to iM1e Supplement�,nantl any m�M1 purcM1aser or Uansferee must erogmre LESSEE's rigM1�s M1ereuntler antl untler tM1e ttrtns of �M1e affeRetl Supplemen1�s�. If LESSOP mple[es any sucM1 sale, transfeq orgran[tles�nbetl 'm tM1ls ParagrapM1 wRM1ou� exe[u[ing an assignmen[ o(tM1e Supplemm[ in wM1I�M1 [M1e [M1i�tl party ag�ees In wrHing[o assume all obllgatlons of LESSOP untler �M1e Sup0lement [M1en LESSOR sM1all no� be releasetl fmm ps obllga�ions [o LESSEE untler IM1e Sup0lemenp antl LESSEE sM1all M1ave tM1e rigM1� to look ro LE550R antl tM1e �bird patly for [M1e full perfo�manre ol the Supplement � 15. OV ET EWOYMENiAND REFRESENTAiONS. IfSSOP [wenanK [hat Lf4EE, on paying tM1e lease paymen[5 antl perlorming tFe mvenants M1ereln and in a Sup0lemen[, SM1all peaceably anE quietly have, M1oltl antl enjoy �M1e Vremisex LESSOR represen(s antl w ran�s [o LESSfE as of tM1e exe[u[ion Ja(e o(eacM1 Supplemen[, and �wenan�s during t�e Te�m, �M1at LESSOR Is selied o!gooJ antl 6 G'ry ofOubuque, lA-9maII Gll b➢.A(�L p45]545) sulfi�len[ ftle and In[e�es� [o �he 4ropeM1y, antl hm full au�ho�lry �o en[er in[o and exeoute �he � Supplemmt LESSOR NrtM1er m an�s tluring �he Term [M1a� Ihere a o Ileny jutlgmen6 0 Impetllmen�s o� �itle on [M1e Pmpetly, o� aHe[�Ing LESSOP'S Ii�le to �he same and tM1at there are no . nanq easememi or rei[tlRbns �ba� O�evem or aMersely alfett �he use or o[[upanq ot [M1e I 4remises by LE4GE as pmvided 'm Ihls Agre ment and in ihe applicable Su001emm(�5�. 16. ASSIGNMENT, TM1Is Ag�eement antl eacM1 Supplemen[ untler i[ may, wRM1 no�ice to LESSOP� be sold, asslgnetl or hamferreJ by[M1e LEREE wi�hou[ any approval or mnsent ot[M1e LESSOR[o �he LESSEES printl0al, aKlla[es� suqsltllatles o! I[s principal, o� �o any en�iry wM1ioh acquires all o zubstamlally all o! LESSEPz asrets 'm [M1e market tl�netl by IM1e FCC In whifi ihe v�perlY � �^�atetl by on M a mergeg a[qulil�lon or Mher buslnezi reorganlzafon. Ai�o MM1er parties,Nb Agreemen� antl ach Sup0lemen� may nM be soltl, asslgnetl o� �2nsfen¢d wdbou� �he w�IRen aomen� M �hel£S50R, wblcbmnsemwillnolbe unreasona0lywFbheld, tlelayMonontli�ioned No [M1angeols�o<k ownersM1ip, . partnersM1ipinbres[ormnlmlofLE55EEortransferuponOaMersM1lporcor0o�atetll5solutionMLEREE ,nan m�mwce a� a::�s�mem ne�e�m.,. ll. NOTIC�. AIl noti¢s hereuntler must be In wnting antl are vafitlly grven rf sent by cetlrfietl mail, reWm receiplrequested orbym <ialmu�iep pmaitletl [M1ecou�ler'sregula�builneii 6 Jelivery service antl pmvitletl PortM1e� �hat R g a�rantees tlellvery to tM1e atltlressee by [he entl MIM1e exibus ss tlaylollowingtM1e murieh receip� fmmtM1esentleq atltlressetl asfollows (orro anyotM1er a0tlressiM1attM1eGarty�o be notifetlmav M1avetlesignatedtothesentlerbvlikenotice�: LESSOR: Ciryof�ubuque, lowa . A([entio¢ CM1yManage� . 50 Wex[ 13'°Shee[ . Oubuque, lowa 53001 LESSEE' SouNwes[mWireless, lnc. � J/b/a Venzon Wireless � Atten[ion: Ne�work 0.eal ESIa�e � 180Wa5M1Ing�onValley0.oatl . � � Betlminrteq Newlersey0]921 Notice SM1all be eHe[INe upon aRual rereip[ or reNsal as SM1own on �M1e receip� oblainetl pursuant�o�he bregoing 18. RFC00.01NG. If�eduerted byLE55EE� 1E550PagreeSroexecNea Memoran0um ofeacM1 SupplementwM<M1LESSEEmayremMwltM1tM1eappmpria[erecortlingoffloer. iM1etla[ese� tortM1intM1e Mem 2ndum o! Lease I5 for remrtling purpos s onry antl bems no reference to cammenremen� o! el[M1er��M1e ierm orleasepaymenls. . 19. DEFAOLiANOREMEDIES � �a� IftM1erebabreachCyavartywitM1respeRroanyoftM1epm softM1lsAgree enqor untlertM1e provisions of an Intlividual5upplement[M1e nonbreacM1ing Varty sM1all grve�M1e breacM1ing PaM wri[[en notiw of[M1a[ breach Ahe� rei0� oftM1e written nopre, �he b�eaaM1ing 4arly SM1aIIM1ave [M1lrty � (3��dayslnwM1kF �ocure �M1ebreacM1repmoitletl �bebrea<hingFartysballM1aaesu<M1ex�ended0enotlas ] qiyaf Wbnqoe,]A-Smoll Coll MV�(�L pq5954� mav ee reqmrea eevo�a me m�rcv 1301 aays �r me ereacnme vanv mmmen�e:me are w¢nm vne mmv �30� tlay-periotl antl [M1ereaker mn�inuously antl tliligen�ly pursues [M1e cure [o romple�ion, bu� In no vent more than Nnery (90� aalentla�days ahe� rereip[ of wrh[en no[ia. TM1e non-0reacM1ing Party may nM m31n[3N dlry 3Ri00 Of ¢!f¢R dny �PTPdI¢5lOf dPfdYlt dgdi�ff[h¢ b�Pdchl�g Pdfly u�l¢51 d�d u��ll tM1e breacMng Parry bm falled ro [ure tM1e breach wtthin the time permds pmvitletl in [M1is Paragrapb. NotwitM1stantling [M1eloregoing [o tM1e mnvary, u fiall be a tlefaWl untler thls Agreement, or untler an Intllvltlual5upplemen[ R LESSOR fally wl�M1ln BReen �15� tlays ahe� reaipl of w�R[en noHce of mch breach, m Oarto�m an obligaHon requiretl m be perto�metl by LESSOR, antl rf tM1e faiWre m cerform thac obliga(ion inttrferes wrtM1 LESSEE's ablliry �o mntlutl i�s business 'm �he Premises; provitletl, boweveg tha� if IM1e na(ure of LESSOR's obligation ii m�M1 IM1at more [M1an fiheen (15� afler no[i�e is reasonably required for i6 pedormana, cben it sM1all not be a tlefautt untler cM1is Pgreement or iM1e applicable Supplement if cerformance Is mmmen�etl wicM1in mch fhem �35� tlay penotl antl tM1ereaher dlligently pursuetl to mmpletion, but in enc m re cban tM1irty (30� ralentlar tlays aher ai0� of wrR[en no[ia. LE5500. antl LESSEE agree tM1a� a default untle� an Individual5upplemen[ tloeseno� mns�iWle a tlefaultuntler[M1isAgreement . �b) In �M1e evenl ot a tletautt by eilM1er Patly witM1 respeol to a ma�enal prwision of [M1is Ggreemenp wi[M1oul limi�ing �M1e non-0Haul�ing Party i^ IM1e eaertise of any rigM1� or remetlywM1icM1 [M1e on-tlefaWOng 4arty may M1ave by reason of �M1at tlehult tM1e nondetauping Party may [ermina�e tM1e appll�'able Supplement antl/or pursue any remetly now or M1ereafle� ayslable �o �M1e non Jefaul[ing Partyuntle��heLawso��uJlclalJen5lonsoftM1es�a�elnwMaM1 [M1ePremisesareloaateJ. FurtM1epupon a tlMaWp �he nomtlefaulOng Party may a� Its optlon (bu[ wRhout obllga0on [o tlo so�, pedorm tM1e tlMaulting Party's duty or obllga�lon on tM1e tlefauping 4arty'S beM1al[ Inalutling but not Ilmi[etl [o �M1e ob�aining of reaxonably requlred Inswance pollales. iM1e rosb anJ expemes olany sucM1 pertormanw by tM1e nondefaWling Patly iM1all be tlue antl payable by LM1e tlefaul�ing Party upon In ce [M1eretor; pmvltletl, M1ow onJl�lonpre[etlen[[o �M1enon-tlefauhingVarty'sablllry[oreroe�rmcM1ms�s, I[ mus[ M1ave pmvltletl�M1e tlefauking Varty wi�M1 tM1ree (3� Jays prior wri��en no�ice of �M1e in�m[ [o � pe,fo�m su<M1 Outy or obllga[lon on [M1e tlehul�ing 4arty4 beM1aR, antl [M1e tlefaul[ing Party must M1ave falletl to are sucM1 tlury or obliga�ion wi�M1in saitl no�ioe periotl. 30. ENVIqONMENiAL LESSEE fia0 mnJUR ih buslness in mmpllanw wi�M1 all applioable laws goveming tM1e protetllon of �M1e e en� o employee M1eal[M1 anJ satery ("EH&5 Laws"�. LE4EE fiall intlemnHy antl M1o10 M1armless�M1e LESSOR from alalms �o tM1e ertent resul[Ing from LESSEFs viola�ion of any ap0litible EH&5 Laws o� ro tM1e e»ent tM1a� LESSEE [auses a release of any regula�etl � su�stance m �M1e e enL LESSOR sM1all intlemnity antl M1oltl M1armless LESSEE tmm all tlaims . esul�ingfmm �M1eviola[ionofanyappliwbleEH&SLawso�areleaxeofanyregula�etlsubstanceto �M1e en� ex[ep[ [o �be eetent resul[ng from [M1e aRivl[les of LESSEE. TM1e 4arties remgnize tM1a[ � - LESSEEI'sonlyleasingasmallportionofspaaonLE5500.'sPmpetlyantl/orPoles, antl [M1a[ LESSEEsball no� be respomible for any envimnmen[al mntli[ion o�issue ex�ep�[o [M1e ex[m[ resul[ing fmm LESSEE's � specific accivities antl responsibilitlex. In the e ent tM1at LESSEE e unrers any bazar0ous subsUnces ena� m �oe . ,�u t�m �u aa�m�es, �essee may �emaa�e iu�faan�nes �o aw�a ,urn na�mo�: � substances m a mucually agreeable lo<ation. 31 USUALTYorEMER6ENCV. (a) In tM1e eoenl of tlamage by fire o� o�be� casualTy �o IM1e Pole o� Prem6ei tM1at canno� reasonably be expecte0 to be repairetl wrtM1'm fohy-Me �65) tlays following same oq if the Property Is 8 QryolOubuquc,IA- SmaIIGJIMLA(GLW51547 � . � tlamagetl by fre o�MM1ertasuahy io IM1a� m<M1 damage may reasonabry be expetletl ro tlismp[ LEAEFS opera�lons a� [M1e Premises for more [M1an forlµMe �65) Oays, �M1en LESSEE may, a[ any �Ime following u�M1 flre or o[M1er casualry, pmvitletl LE5500. M1as no[ romple[etl [M1e res�ora�ion requiretl [o Oe�mR LE4EE �o resume i6 opea[ion a� �M1e Premises, reloca[e i[s faoili�ies �o a muW ally agreeable loca�ion or �ermina[e [M1e Supplemen� upon ikeen �15� tlays priorwritten no�ice �o LESSOP. Any mcM1 no�i[e of hrmina[ion sM1all rause[M1e Supplementlo expire wRM1[M1e same lorce antl effe�[ as [M1ougM1 [M1e datt se� fOrtM1 'm su[M1 noti[P were�M1e tlafe ongindlp seI as[M1e expild[ion tla�e of IM1P$uOGlemen[and tM1P Pdrties sM1all meke en apP��P^a[e etlfus[menp as o(sucM1 [erminetlon tle[e� wI�M1 reryec[to paymen(s tlueio[Ae otM1eruntler[M1eSupplement No�wi�M1s[anding[M1ebregoin&lheleasepaymmlssM1allabatetlu�inglM1e perio0 of repair tollowing moM1 fire or o�M1er aasualry in pmportion to[M1e tlegree to wM1icM1 LESSEE's use ol�he Premises ls impalretl. (b) NotwitM1standing any provision M iM1ls Pgreement otM1erv+lse, In iM1e ca of a mergency�ausetllry'mlederen[e, failureof�2Hlq5ignalo�Slree� ligM1�s, Oowerdi5mp�lon, acc10en� o� o�M1er unbreseen evmt wM1i�M1 multl impa�I pubf¢ FeahM1 and sakry, �M1e LE5500. will att �o O�oteR public M1eaI�M1 antl safery ofils citizeny and ro pMec[ publla and p�lva�e praperty. LESSOR wlll make every reasonable eHort[o mo�tlina�e Its emergenq res0onse wRM1 tM1e LESSEE by contatting LESSEE a[ LESSEPs Ne�wo�kOpe�a�ionSCen�erat �BW) 364-6620). 22. PGPLI(ABLELPWS. �a� Ouring [M1e Te�m, LESSOP SFall mainbin [M1e PropeM anE [M1e Poles In ompllana witM1 all appli<able laws, mlex, regulacions, ortllnances, Eirealves, m nan6. enty zoningantllantl use regulations, antl rexcritlions ofreroM, Oermits, bulltlingecoEes, anOetM1e requlre en�s of any appllcable fre In untlerw�i�e� o ra�ing bureaq n effen o wM1icM1 may M1ereahermme 'mro efka �inlutling, witbout Ilmitation, law regulating M1ezerOous subs�encesl (�IlecWely "lawa'�. LFSSOR sM1ell M1eve no msponslblliry ro maln�aln 1£SSEE's mmmunica[ions equipment LESSEE sM1all, 'm respeo� (o �he mntlition of [M1e P�emises antl a[ LESSEFs sole ms[ antl expense, comply with: (a) all lawx rela(ing solely ro �SSEE's . speci�cantluniquenaWreofuseoftM1ePremises; antl �b) �otM1eeqen� appli<able�oLESSEE, aII builtlingcotlesrequiringmotlifica(ions �otM1ePremisesdue�olM1elmprovemen�56eingma0eby � LFSSEE in[M1e Premises. �b� TM1Is Agree en� tloes no�Ilmi(any �igM1[s Lessee may M1avein accd�dmce wpb applioable Laws to Install i[s o n poles in �Fe public �igMs-ol-way o� [o a��acM1 Lenee's equipmml�o[M1lr6paM1y Poles lo a�ed In �M1e rigM1[sahway so long as mcM1 atlion mmplies wRM1 ap0liwble Laws. I! LESSEE Ins[alls I�s own �les in IM1e publlc rigM1[af-way, IM1e pahies may muWally agree to allow [M1e LESSOR [o mllocah publlc safery [ unlcatlons equipmen[ on mcM1 poles pmvitletl �M1ati) LESSEEreasonably tle[erm nesa[M1atr�M1e els su(fioient spaa antl 9mttmal wpaapy on tM1e poles; antl li) �M1e patlies exemh a muNally sa�isfa�rory rolbca6on agree enq provitletl, M1ow p [M1a� �M1e LE5500. may no[ mntlilion iIs approval o� anV �equir¢tl permitfor [M1eins[alla�ioo of�be LESSEE's polesin [he publi[ (gM1lsoLway upon [he LESSEPS agreement �o pmvi0e space on LESSEFs poles for Ihe I£SSOP'S use. TM1Is Pgre enlSM1allin nowayliml� orwarve ei�M1er �arty's pre5en� mtuNre ngM16 untlerappllcable laws If, afler�M1etla�eof[M1isAgreemen�, �be�IgM1tSorobligaHonsofei�M1e� Partyarema[erially � preemp[e0 or xupersetletl by cM1anges In laws, �M1e Parties agree to amentl �M1e Agreemen� �o re�ect[M1ecM1angeinlaw5. 9 � U' yofOubuque, lA-4maIICaIINilA(�[p45954� 23. AUTHOP2E� ENTITIES. Thii Agreemen� Ii en�ered In�o by [M1e Varlles eacM1 on i�s own � � � beM1alf and for tM1e benellt oE �1� any entlry In wMaM1 iM1e Party tllreRly or intlireRly M1oltls an eeuiry or mua.mee.e,r, Ol a�v emin wmu� ao-eary o� ��m�anry nm�a� aq�av�.•�mnar m�a,e:� �n me eam; � o.l'��qa�ye�mva'�reeiyo� '��e'�remy��ae,�ommo� �om,oiwrcnmevannea�neanvandeacnorone � en[I�lei Jexalbetl above are reterretl ro M1erein as an "Au[M1arizetl Entiry". No obllga�ion is inm�red o� Gablllry azaep�eJ by any Au[M1orizetl fn�iry un�il �M1at Au�M1onzetl En[iry en[ers In�o a sice s0etlfia ' SupplemenL Only �M1e4artyantl [M1eAu�M1orizedEn�i�yerecu�inga5u0Plemen� are �es0ontlblefo� [M1e obliga�ions antl liabili[ies rela[etl [M1ere�o a sing untle� �ba[ Sup0lemen[ and �Ns AgreemenL PII ira�ions antl Invoiaes rela�ing[o a Supplemen[ mus� be tlire[ttd�o[he PutM1otlietl En[Iry 4gning [M1eSupplement AtlHaul� byanyPu[M1orizetlEn[Rywillnolmns�iN�eorserveasabasisk�adelaW[ by anyo[M1erAu�M1onzetl En�iry no[a parly�o[M1e appli�able Supplemen[. � 34. MISCELIANEOUS. This Agreemen[ antl �M1e Supplemm6 IM1a[ may be exeautttl !rom �imeto (imebereuntle�wn�alnallagree en�s, pmmisesantluntlers�antlingsbetween �beLE550Rantl � [M1e LESSEE rega�ding �his Ransattlon, ntl n oral agreemenp promises o untlers[antlings sM1all be binding u0on el[M1e� [he LESSOR or [M1e LESSEf In any tlispu�e, mnlmversy or pmaeetling. Thls Agreemen[may no[ be amentletl or varietl excep[in a wri(ing signetl by all Parties. Thii Ag�eemen� fiall e»end ro antl bintl �M1e M1eirs,�personal represen[atives, suaessors antl assigns here[o. TM1e fallure of ei�be� 0atlyrolnsls� uponshlRpertormanaeotanyof[M1e[ermsormntli�ionsoRM1iiPg�ee en[ orto any o! I�i tlgbts M1e�euntler sM1all no� waive su�M1 rigM1[s antl mcM1 party sM1all bave [M1e tlgb[ [o enfo c uaM1 �IgM1�i a[ any [Ime. TM1e pertorman�e of �M1is Agre ent v aaM1 Sup0lemen[ sM1all be govemetl intt�pretttl, mnitmetl antl regula[ed by tM1e laws of[M1e s�a�e In wM1'cM1 Ibe P�emixei is lo[atetl wi[M1outreferenaetoi[xabolceoflawrules. 35. 4UBOCRECORDS. LESSEEaaknowletlges [M1a[ Informa�lonsubmi��etl[o�M1eLE550Rmay be open [o public 'mspeRion untle� S�att Law. LEAEE may Itlen[fy informa�ion, sucM1 as [ratle secrels, pmprie(ary finan�ial remNs, mstome� Info�ma[on or �ecM1nical informa�ion, submi��etl (o �M1e LESSOP onfitlmlial. LESSEEshallprominentlymarkanyinforma[ionforwM1icM1i[ �IaimsmnOden[ialirywi[b [M1e word "Confltlen�ial" o aab Oage of sucM1 'mforma[ion prior[o submi��ing mch info�ma[ion �o [M1e LESSOP. The LESSOR sM1all trea� any informa(ion so marketl as mnfden[ial un[il [M1e LESSOR recelves any reques� fp�ditlosureofsuaM1lnforma�ion. IntM1eeven� LE550Rls �equei[etl0�/ an[ �o, orrequiretl by, appOmblelawregulation, orlegaloratlminlstativepro ssmtllscbseanymnBtlennelmformation, � LESSOR sM1all promp��y no[fy LE4EE In wri(ing wi�M1in 5 businesi tlays of re[elving any sucM1 requesp, duding a wpy of tM1e requesp a� Verimn Wireless - West TerrRory, A¢enlion: Peal Es�ate Manager, 10801 BusM1 Lake Poatl, Bloomingoq Minneso�a 55430, so that LESSEE may apply !or a pm�eRive � � orJer or o[M1er appmprirte �emetly N [be event tM1a[ LESSEE Joes noI �ake any aRion to stop mab tllstlos rob�ainapm�ettNeo�damnrerningsucM1tllstlomrewilM1inSbusinessdaysaftt� LE550R provid¢5 Yfh no�ICP [o LESSEE, LESSOR may tlistlOSP �b! re0uP5t¢d inbima�lOn WMcM1 may Intlutle onfltlen�al Inbrma[ion wi[M1ou� any IlabilRy ro LESSOR. LE550 R agrees[o PornlsM1 onty[M1a� pohion of onfltle�Rial 'mforma(ion sough[ o� ativlsetl try munsel [o be legally required In �M1e even� �ha� LESSEE tloes (ake any aRion �o s�op xu[M1-dkalosure or ob�ain a pmlMive ortlep LE5500. agrees �o [wpem�e wi[M1 LESSfE bu[a� no cosl o�erpenses of eny kind to LFSSOR. iM1e LFSSOR relalns �M1e flnel tlls[re�lon to tletermine wM1elM1er ro release IM1e requestetl mnfitlential 'mformation, in acmrtlan�e witM1 applicable lawx. 10 O�yof➢ubuqu¢,IA� 6maIIGl1A1LA(CL#45954� (9eN0/61�A6�uaN�3a��RVA ' 36. STRURUREPECONORIONING PEPAIq qEPaCEMENT . �a) Fmm [ime [o [imq LESSOR pain6, re ontli[ions, or o[M1erv.�ise impmvez o � mpairs IM1e Poles In a subslan[ial waV ("Reaantli[ianing Work"�. LESSOP SM1all re nabty � mope�a�e wi�h LESSEE b [a�ry out Pemndl�loning Woh 3Rlvl�les In a mannertM1a[ m nlmizes , In�erferen(ewitM1LE55EPsapO�ovetlu5eof�M1ePremise5. � �b) Prio� b rommencing PemndlHoning Wo�k, LESSOP shall O�ovlde LESSEE wi[M1 �oe ieu man � ne�v 1so1 aav: armr w�me� �orce. uoon rvma ma� �or�, n :nan ee � L[sseF: soie re:pon:leNoy w proJde atlequa�e m ez mero r otM1e�wi:e protect LESSEE§ equipmenl fmm �M1e w seque of the Remndi�ianingVWo�k ��lutling but not mped to pefn� antl tlebrk felloutnLF5500.`mmrvas[he dghl to mquim LE4EE to �amove all of � LESSEE's e0ulpmen� from (M1e Polee antl Premises tluring PemntlRioning Work, pmvitletl tM1e requlrement [o remove LESSfEY equipmenl is con[ainetl 'm [M1e wri��en notirn �equi�etl by �Ms ParagrapM1. ([) �u�ing LESSON'z Rerontlitioning Work LESSEE may main�ain a �emporary ca�ionslaa0l�y on [M1e Property. or aker approoal by LESSOR, on any lantl ownetl o� on�mlle�tl �W �eswe -in tne �iciniry ot me ampeM� i< <ne vmpeny win no� a modare LESSEFS ttmpaary [ t'a�iore laoility, or rf [M1e �arties c no� agree a<�m0o�ary lo(ation, ihe LESSEE,oatmisn'zole option, eM1all M1aoe iM1e rigM1taco terminate tM1e aOPlicable � Supplemen� upontM1irty�30� dayswtlVen no�ice�o LESSOP. (G� LESSEE may reques[ a motlifica[ion of LFSSORs pmoetlures for carrying ou� � Rewntlhioning Wo�k In o�tle� �a retluce �M1e interterenre wRM1 LESSEFs e of�M1e Premizez. If LESSOP agreei to �he modlfiaa�loq LESSEE eM1all be responsible forallreasonablein[remen�al ros� rela�etl m fie modfi[atlon. �e) Il �M1e Poles neeJto be replacetl �"Repla<emen[ Work"�, LESSOP sM1all 0/ovlde � LESSEE wi�h a[ leas[ nlnery�90� day9 wri��en no�ice[o remooe Rs equipment LESSOP sM1allalso O�omp[ly no�ity LESSEE wM1en �M1e Voles M1ave been replawtl antl LESSEE maV �e�ins[all I�s � equipmenL Dwing LESSOq's Replacemen� Work, LESSEE may main�ain a �empaary (a�ions fa[Illry on [M1e Propehy, or aker appmval by LESSOR, o any lantl o ned o . on�mlled by LESSOR In �he v Inl�y of [M1e Pmpehy. If �M1e �m�rry wnll no� a motlace LFSSEE's [amporary co unlca6ons hclLry or It [M1e Vartles c noI agree o a`[mpaary bca[lon, �M1e LESSEE, aI iIs mle o0�lory shall M1ave [M1e �IgMeto [erminate [M1e appliable s�vo�eme�c �po�m'�m 130� dayx wane� �or�m�essoa. � 1f1 ir me roies �eea m ee reva��ea me m :m�m, aamem: o omer aamaae . . �"P¢palrWorP�, LESSORSM1allno[ify LESSEE �o removei6 equi0men� azzoonasrposslble. In (M1e vent o! an emergenry, LESSOR sM1all ron�att LESSEE by �eleOMone a[ LESSEPs Ne�work Opera[ions Centt� a� �800� 364-6630� prior (o removing LESSEFs equipment Ona �M1e Goles M1ave been replacetl o repairetl, LESSOR wlll promp[ly no[i(y LESSEE i[ c ins[all i�s � a0ui0menL Dwing LESSOR's Repair WoM, LE4EE may main�ain a �em0o�ary ro t'a�iom tacili�y on [M1e Property, o� afier approval by LESSOR, on any lantl ownetl o m n�mlled by LESSORIn [M1eviciniryoftM1ePmpeM� If�M1ePropetlywlllno� attnmmoda[eLE55EE's[emporary mmmumca�ionsfacility, orif�M1e Partiescanro[ agree a �emporary bca�ion, orif�M1e Pole�s� 11 . QlyofDW�quqlA� 5me11CeI�MW(aL `H59545J tARFN&itlrtaMA�HnlIR9B � . f � �oe ee .epa6ea o, ren�a=ea wun'�� m'�m 1301 aays, iessee, a� n: :oie a:�reno�, snau na�e �M1e rigM1t�o�erminate�Fe a0P0[able Supplement upon�M1iny 130� tlays written no�ire�o LESW P. Howeveg at LESSEE'S sole op�ion, wi�M1in [M1lrty (30� tlayi aftt� ��e casualty tlamage, LESSOR . ust provitle LESSEE wi�M1 a replaament SuOPIemeM �o lease spa[ at a n w b<a[ion upon wM1ICM1 tM1e Panies muWally agree. TM1e lease Oaymen�s Oayable mJer [M1e n replaamen� Supplement will no� be greatt� than �Fe lease paymen�s payable untler tM1e (ermina�etl Supplement TM1e new replaament SuOPlemen� shall M1ave an Ini[ial teim otive �5� yea ; and s�all M1ave eMereion[erms as pmvitletl in PangnpM1 5 ol�hls Pgreemen[. � [SIGNNTUREPAGEFOLWWS] � � [Balanreo)po9eintentionoltylhblank] . ID Q�y ofOWuqva�IA-$me0 Call MLA(�LNV5950� IN WITNESS WHEREOF, the Parties have executed this Agreement effective the day and year first above written. � LESSOR: City of Dubuque, I wa B l� � �� . , , y' c Name: Ro D. Buo1 Title: Mayor Date: March 19 , 2018 LESSEE: Southwestco Wireless,Inc. ' d/b/a Verizon Wireless By � � Name: - Jatnes'R. Martin Title: direrfor-.Network �ield Engineerin9 Date: ��) �� 13 City of Dubuque,IA-Small Cell MLA(GL#457545) CORE/0762186.2998/134631729.8 STINSON LEONARD STREET Transmittal Memo To: From: City of Dubuque, Iowa Attention: City Manager 50 West 13th Street Dubuque, Iowa 52001 Cathy Huntley Stinson Leonard Street LLP 1201 Walnut, Suite 2900 Kansas City, MO 64106 Date: December 6, 2018 Re: Cathy A. Huntley 816.691.3346 DIRECT 816.412.1196 DIRECT FAX cathy.huntley@stinson.com DBQ Key West SC3 & DBQ Key West SC1 — Fully Executed Lease Supplements Enclosed please find the below listed documents for the above referenced site: 1. One (1) copy of the fully executed Lease Supplement for DBQ Key West SC3; and 2. One (1) copy of the fully executed Lease Supplement for DBQ Key West SC1. Please retain these documents for your file. Feel free to contact Verizon Wireless (866) 862-4404 with questions. STINSONLEONARD.COM 1201 WALNUT STREET • KANSAS CITY, MO 64106 816.842.8600 MAIN • 816.691.3495 FAX LEASE SUPPLEMENT This Lease Supplement ("Supplement"), is made this day of Dec- , 20 between the City of Dubuque, Iowa, whose principal place of business is 50 West 13th Street, Dubuque, Iowa 52001 ("Lessor"), and Southwestco Wireless, Inc. d/b/a Verizon Wireless, whose principal place of business is One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("Lessee"). 1. Master Lease Agreement. This Supplement is a Supplement as referenced in that certain Master Lease Agreement between the City of Dubuque, Iowa and Southwestco Wireless, Inc. d/b/a Verizon Wireless, dated May 10, 2018 (the "Agreement"). All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. Premises. Lessor hereby leases to Lessee certain spaces on and within Lessor's Property located at 2701 Rockdale Road, Dubuque, Iowa, including, without limitation, Equipment Space and Antenna Space on the Pole. The Equipment Space and Antenna Space are as shown on Exhibit 1, attached hereto -and made a part hereof. 3, Term. The Commencement Date and the Term of this Supplement shall be as set forth in Paragraphs 3 and 5 of the Agreement. 4. Consideration. Lease payments under this Supplement shall be $150.00 per Pole, per year, payable in annual installments as set forth in Paragraph 3 of the Agreement. Lease payments shall be delivered to Lessor at 50 West 13th Street, Dubuque, Iowa 52001. 5. Power Charges. LESSEE shall furnish and install an electrical meter at the Premises for the measurement of electrical power used by LESSEE at the Premises and LESSEE shall pay the utility company directly. 6. Site Specific Terms. a. Replacement Pole Installation by Lessee. Lessee agrees to construct, at its cost, the Lessor's replacement Pole according to the location, size and specifications contained within the final construction drawings as approved in writing by Lessor. Lessee agrees that the Pole will be constructed in a good and workmanlike manner in accordance with the approved plans and specifications unless otherwise approved in writing by Lessor, which approval shall not be unreasonably withheld, conditioned or delayed. Lessee acknowledges and agrees that Lessor may lease unused space on the Pole and in the public right-of-way to other lessees, subject to Paragraph 11 of the Agreement. Page 1 of 3 DBQ Key West SC3 - Lease Supplement (GL# 484023) CORE/0762186.2998/142089218.1 IN WITNESS WHEREOF, the Lessor and the Lessee have executed this Supplement effective the day and year first above written. LESSOR: City of Dubuque, owa By: Name: Title: Date: Mayor . Buol October 1, 2018 LESSEE: Southwestco Wireless, Inc. d/b/a Verizon Wireless By: Name: Ror IMPAR) Mgeles Title: Director -Network Field Engineering Date: /1.13/40 /e— Page 2 of 3 DBQ Key West SC3 - Lease Supplement (GL# 484023) CORE/0762186.2998/ 142089218.1 EXHIBIT 1 Site Plan of Premises (See Attached) Page 1 of 3 DBQ Key West SC3 - Lease Supplement (GL# 484023) CORE/0762186.2998/142089218.1 Page 2 of 3 DBQ Key West SC3 - Lease Supplement (GL# 484023) CORE/0762186.2998/142089218.1 TOP OF LIGHT HEH;NT 40.8' AGL 1 1 LESSEE ANTENNA SPACE. - **-4"1 I TOP OF PQLE HEIGHT 35.9' AML LESSEE EQUIPMENT SPACE ----""--"I= 4 i .GROUND ELEVATION 0.0' AGL LESSOR REPLACEMENT POLE LESSOR LIGHT DBQ KEY WEST SC3 Page 3 of 3 DBQ Key West SC3 - Lease Supplement (GL# 484023) CORE/0762186.2998/142089218.1 LEASE SUPPLEMENT This Lease Supplement ("Supplement"), is made this 3 day of GeG- , 20, between the City of Dubuque, Iowa, whose principal place of business is 50 West 13th Street, Dubuque, Iowa 52001 ("Lessor"), and Southwestco Wireless, Inc. d/b/a Verizon Wireless, whose principal place of business is One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("Lessee"). 1. Master Lease Agreement. This Supplement is a Supplement as referenced in that certain Master Lease Agreement between the City of Dubuque, Iowa and Southwestco Wireless, Inc. d/b/a Verizon Wireless, dated May 10, 2018 (the "Agreement"). All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. Premises. Lessor hereby leases to Lessee certain spaces on and within Lessor's Property located at 3564 Digital Drive, Dubuque, Iowa, including, without limitation, Equipment Space and Antenna Space on the Pole. The Equipment Space and Antenna Space are as shown on Exhibit 1, attached hereto and made a part hereof. 3. Term. The Commencement Date and the Term of this Supplement shall be as set forth in Paragraphs 3 and 5 of the Agreement. 4. Consideration. Lease payments under this Supplement shall be $150.00 per Pole, per year, payable in annual installments as set forth in Paragraph 3 of the Agreement. Lease payments shall be delivered to Lessor at 50 West 13th Street, Dubuque, Iowa 52001. 5. Power Charges. LESSEE shall furnish and install an electrical meter at the Premises for the measurement of electrical power used by LESSEE at the Premises and LESSEE shall pay the utility company directly. 6. Site Specific Terms. a. Replacement Pole installation by Lessee. Lessee agrees to construct, at its cost, the Lessor's replacement Pole according to the location, size and specifications contained within the final construction drawings as approved in writing by Lessor. Lessee agrees that the Pole will be constructed in a good and workmanlike manner in accordance with the approved plans and specifications unless otherwise approved in writing by Lessor, which approval shall not be unreasonably withheld, conditioned or delayed. Lessee acknowledges and agrees that Lessor may lease unused space on the Pole and in the public right-of-way to other lessees, subject to Paragraph 11 of the Agreement. Page 1 of 3 ]BQ Key West SC1 - Lease Supplement (GL# 484021) CORE/0762186.2998/142089027.1 IN WITNESS WHEREOF, the Lessor and the Lessee have executed this Supplement effective the day and year first above written. LESSOR: City of Dubuque, Iowa By: Q� Name: Rovl/D. Buol Title: Date: Mayor October 1, 2018 LESSEE: Southwestco Wireless, Inc. d/b/a Verizon Wireless By: Name: Title: Rommel Angeles Director -.Network Field Engineering Date: /0/1 Page 2 of 3 DBQ Key West SC1 - Lease Supplement (GL# 484021) CORE/0762186.2998/142089027.1 LEASE SUPPLEMENT AND DBQ KEY WEST SC1 EXHIBIT 1 Page 3 of 3 DBQ Key West SC1-Lease Supplement(GL#484021) cox�o7621s6.299s/1a2os9o27.1 EXHIBIT 1 Site Pian of Premises (See Attached) Page 1 of 3 DBQ Key West SC1 - Lease Supplement (GL# 484021) CORE/0762186.2998/142089027.1 c ��uc MONT r rraof Page 2 of 3 DBQ Key West SC1 - Lease Supplement (GL# 484021) CORE/0762186.2998/142089027.1 NORTH /I\ DBQ KEY WEST SC1 TOP OF POLE HEIGHT - 35.2' AGL _„__ i--- L 1 L_ -.L 35.1' ACL ` LESSOR LIGHT MINA SPACE 1 _I ,/,---LESSEE EQUIPMENT SPACE LESSOR REPLACEMENT POLE -----V-LESSEE -_J GROUND ELEVATION I J , 4) 0.0' IDL DBQ KEY WEST SC1 Page 3 of 3 DBQ Key West SC1 - Lease Supplement (GL# 484021) CORE/0762186.2998/142089027.1 f EXHIBIT A . LEASE SUPPLEMENT ! This Lease Supplement ("Supplement"), is made this day of , 20_ between the City of Dubuque, lowa, whose principal place of business is 50 West 13th Street, Dubuque, lowa 52001 ("Lessor"), and Southwestco Wireless, Inc. d/b/a Verizon Wireless, whose principal place of business is One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920("Lessee"). 1. Master Lease A�reement. This Supplement is a Supplement as referenced in that certain Master Lease Agreement between the City of Dubuque, lowa and Southwestco Wireless, Inc. d/b/a Verizon Wireless,dated ; 20J (the "Agreement"). All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. - 2. Premises. Lessor hereby leases to Lessee certain spaces on and within Lessor's Property located at<INSERT SITE ADDRESS>, including, without limitation, approximately( )square feet of Equipment Space, and Antenna Space on the Pole. The Equipment Space, Antenna Space and Cabling Space are as shown on Exhibit 1, attached hereto and made a part hereof. 3. Term. The Commencement Date and the Term of this Supplement shall be as set forth in Paragraphs 3 and 5 of the Agreement. 4. Consideration. Lease payments under this Supplement shall be $150.00 per Pole, per year, payable in annual installments as set forth in Paragraph 3 of the Agreement. Lease payments shall be delivered to Lessor at 50 West 13th Street, Dubuque, lowa 52001. 5. Power Char�es. [Complete as applicable for metered service or flat rate power charges.] (Alternate Provision for Metered Service: If permitted by the local utility company serving the Premises, LESSEE shall furnish and install an electrical meter at the Premises for the measurement of electrica/power used by LESSEE at the Premises and LESSEE shall pay the utility company directly.J (Alternate Provision for Flat Rate: In consideration for the electrical service,for each year during the Term LESSEE shall pay LESSOR a flat rate of $1,500.00 for its power consumption (the "Power Charge"). The annual Power Charge shall be paid in annual installments, and shall commence and be paid concurrently with lease payments pursuant to Paragraph 4 above.J 6. Site Specific Terms. (Include any site-specific terms) ,. .. . , .. EZchibit��A�� ;,.:;,,. : . Page 1 of 8 . , , - ,. � � City of Dubuque,IA-Small Cell MLA(GL#45Z545) ` • � CORE/0762186.2998/134631729.8 IN WIiNE55 WHE0.EOF, [he��sso�and [M1e Lessee M1ave exealetl [M1is 5upplemen[ effeRive [M1e dayandyearflrstabove written. LESSOP: .. . Cityol�ubuque, lowa � By. E%HIBIT ONLY—NOT PoR EXE[OTION Name: Title: oace: LFSSEE: SoutM1weStw W ireless� lnc. tl/b/a Verizon Wireless By. E%XIBIT ONLY—NOT FOq EXECUTION I Nam I Title' oaxe . � . xxnmlra. . � . . . .... . PZKe4 a(8 . . . . . . . . GLyaf�ubuyue, lA-SmaIICCIING (CL;A9£6£) � � . � IEx��a�, � Site Plan M Pr¢mises . � � � . . SxM1ilnt"A" . . � � Pegn3Mfl � � � � Q'ryof�Wuqu4IA—Sma11Ca11MLA(�LnWSISJ� . . CARF/O]HA184D9&U14�IR9.B . . • i INSUqpNCE5CHE0ULEA � � (atGCM1ed) . � tlxFibi!"d" . . . . . PegcJofA . . . . � Clryofllolmqua,]A—SmvI1CeIIb4B(CL%dP5q5) . . � . . U�NY/Ov621H6]Y9dlUn6]IT19.a City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A 1. shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I upon the lease, license, or permit commencement. All lessees of City property and right of way licensees or permittees shall submit an updated certificate annually. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Eg: Project # or lease of premises at or construction. of or.right of way permitted location and description 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and all insurers shall have a rating of A- or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the ' Department of the City of Dubuque. 4. The lessee, licensee, or permittee shall be required to carry the coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required coverage shall not be deemed a waiver of such requirements by the City of Dubuque 5. Failure to obtain or maintain the required insurance shall be considered a material breach of the Lease, license, or permit. 6. All required endorsements shall be attached to certificate. 7. Lessee, licensee, or permittee shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Lessee, licensee, or permittee agrees that it shall be liable for. the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the lessee, licensee, or permittee. Page 1 of 4 Schedule A Lessees of City Property; Right Of Way Licensees or Permittees July 2017 OORELi03188290&4307702€64 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A (Continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $3.000,000 Products -Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $2,000,000 Each Occurrence $2000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form or its substantial equivalent 2) Include ISO endorsement form CG 25 04 'Designated Locations) General Aggregate Limit." 3) Be primary and noncontributory. 4) Include Preservation of Governmental Immunities Endorsement (Sample attached). 5) Deletes any fellow employee exclusion. 6) Include the City of Dubuque, Including all its elected and appointed officials, its employees.and volunteers, boards, commissions as an additional Insured as their interest may appear under this Agreement which includes ongoing operations and completed operations equivalent to CG2010 and CG2037. 7) Policy shalt include Waiver of Subrogation in favor of the City. B) WORKERS` COMPENSATION 8. EMPLOYERS LIABILITY Statutory benefits coverinj all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85 as amended. Coverage A Coverage B Statutory -State of Iowa Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Polley Limit -Disease $500,000 Polley shall Include a Waiver of Subrogation in favor of the City Page 2 of 4 Schedule A Lessees of City Property; Right Of Way Licensees or Permittees Jury 2017 OOPFI07e21012WP 17.179®a.c City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees ( INSURANCE SCHEDULE A (Continiued) C) PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT `yes _* no Evidence of property coverage provided: _ yes Included the City of Dubuque as Lender Loss Payable. E) RIGHT-OF-WAY WORK ONLY: UMBRELLA/EXCESS $2,000,000 * yes _ no Umbrella/excess liability coverage must be at least following form with the underlying policies included herein. Page 3of4 COR60103100288813G7700034 Schedule A Lessees of City Property; Right Of Way Licensees or Permittees July 2017 � � � PRESERVATIONOFGOVENNMENTALIMMUNITIESEN�ONSEMENT � . ...i .. . � � 1. ' Nonwaiver of Govemmentel Immuntiv. TM1e insurer expressty egrees and s�ales �hat [M1e� � .. .. purcM1ase of[M1is policy entl �M1e inclutlin9 of�M1e City of �ubuque, lowe as en AdtliGonal Insuretl � - � �- tlaesnotweiveenyoftM1etlefensesofgovemmenblimmunityaveilable �o �M1eCityaf �ubuqua � � � . untler Cotle of lowa Section 6]0.4 es tl is now exisls antl as i[ may be amendetl Gom time � b [ima 2. Cleims Cove e. TM1e insurer further agrees �M1a� [M1ls policy of insurence sM1all cover . only [M1ose claims no�esubjecl to [M1e tlefense of govemmen�el immunityunderihe Cade of lawe Seclion 6]0.4 as it now exis�s and as d may be amentletl fiom �ime �o time. TM1ose claims no� � subjed �o Cotle of lowa Sedion 6]0.4 sM1all be wveretl by �M1e �erms antl contlitions of iM1ls . insursnce policy. 3. Assetl'on T GovemmeM ImmunlN. The Ciry M �ubuque, lowa shall be responsible for sserting a�ry tlefense of govemmental Immun�ly, and may tlo so ai any time antl sM1all do w upon �M1¢ fimelywfi�l2nRq1@SfO��M12In5Urel. - 4. Non-0enial of Coveraae. TM1e insurer sFall not deny coverage untler tM1is policy and Oia r sM1all ro� tleny any of�M1e ngMs and bene�ita acwing �o iM1e Clty ot�ubuque, lowa undar �his policy for re s of govemmen�al Immuniry unless antl uMil a coutl M competen[ junstlidion M1as mletl m favor M[M1a de�anse(s) of govammaMal Immunly assahed by Oie Ciy of �ubuque, lowa. � No OtM1er CFanoe in Policv. The above preservaiion of govemmeMal immuntlies sM1all not MM1erwise cM1ange or alter iM1e coveage available untler�M1e policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AN� CHECK BOXES) LEASE SUPPLEMENT This Lease Supplement("SupplemenY'), is made this_day of 20_between the City of Dubuque, lowa, whose principal place of business is 50 West 13`" Street, Dubuque, lowa 52001 ("Lessor"), and Southwestco Wireless, Inc. d/b/a Verizon Wireless, whose principal place of business is One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("Lessee"). 1. Master Lease A¢reement. This Supplement is a Supplement as referenced in that certain Master Lease Agreement between the City of Dubuque, lowa and Southwestco Wireless, Inc. d/b/a Verizon Wireless, dated May 10, 2018 (the "AgreemenY'). All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. Premises. Lessor hereby leases to Lessee certain spaces on and within Lessor's Property located at 3564 Digital Drive, Dubuque, lowa, including, without limitation, Equipment Space and Antenna Space on the Pole. The Equipment Space and Antenna Space are as shown on Exhibit 1, attached hereto and made a part hereof. 3. Term. The Commencement Date and the Term of this Supplement shall be as set forth in Paragraphs 3 and 5 of the Agreement. 4. Consideration. Lease payments under this Supplement shall be $150.00 per Pole, per year, payable in annual installments as set forth in Paragraph 3 of the Agreement. Lease payments shall be delivered to Lessor at 50 West 13`"Street, Dubuque, lowa 52001. 5. Power Char¢es. LESSEE shall furnish and install an electrical meter at the Premises for the measurement of electrical power used by LESSEE at the Premises and LESSEE shall pay the utility company directly. 6. Site Specific Terms. a. Replacement Pole Installation bv Lessee. Lessee agrees to construct, at its cost, the Lessor's replacement Pole according to the location, size and specifications contained within the final construction drawings as approved in writing by Lessor. Lessee agrees that the Pole will be constructed in a good and workmanlike manner in accordance with the approved plans and specifications unless otherwise approved in writing by Lessor, which approval shall not be unreasonably withheld,conditioned or delayed. Lessee acknowledges and agrees that Lessor may Page 4 of 3 DBQ Key West SC1-Lease Supplement(GL#484021) cox�o7621s6.299s/1a2os9o27.1 lease unused space on the Pole and in the public right-of-way to other lessees, subject to Paragraph 11 of the Agreement. Page 5 of 3 DBQ Key West SC1-Lease Supplement(GL#484021) cox�o7621s6.299s/1a2os9o27.1 IN WITNE55 WHEREOF,the Lessor and the Lessee have executed this Supplement effective the day and year first above written. LESSOR: City of Dubuque, lowa By: Name: Title: Date: LESSEE: Southwestco Wireless, Inc. d/b/a Verizon Wireless By: Name: Title: Date: Page 6 of 3 DBQ Key West SC1-Lease Supplement(GL#484021) cox�o7621s6.299s/1a2os9o27.1 EXHIBIT 1 Site Plan of Premises (See Attached) Page 1 of 3 DBQ Key West SC3-Lease Supplement(GL#484023) cox�o7621s6.299s/1a2os921s.1 / , _ , � . . � . f� � w .y ��_ y � � ::�� := � . � . , . . . � _ . y _ , . . . . . . . / . �LL �:-W W.W:W:W:-LL , � . � � . � . , . . . . . / �:y :��LL:=:=:= . , u . 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II NORTH .. � ,LL.'.� , . � . � .. .. .. . � DBQ KEY WEST SC1 Page 2 of 3 DBQ Key West SC3- Lease Supplement(GL#484023) CORE/07621862998/142089218.1 35.2' AGL TOP OF L1GHf HOGHf 35.1' AGL LESSOR LIGHT �LESSEE ANTENNA SPACE i ' I I � i -----J �-- --� ; ; � I �LESSEE EQUIPMENf SPACE � I�/ � � L-- --J LESSOR REPLACEMENr POLE GROUND ELEVATION 0.0' AGL DBQ KEY WEST SC1 Page 3 of 3 DBQ Key West SC3- Lease Supplement(GL#484023) CORE/07621862998/142089218.1 Page 4 of 3 DBQ Key West SC3-Lease Supplement(GL#484023) cox�o7621s6.299s/1a2os921s.1 LEASE SUPPLEMENT AND DBQ KEY WEST SC3 EXHIBIT 1 Page 5 of 3 DBQ Key West SC3-Lease Supplement(GL#484023) cox�o7621s6.299s/1a2os921s.1 LEASE SUPPLEMENT This Lease Supplement("SupplemenY'), is made this_day of 20_between the City of Dubuque, lowa, whose principal place of business is 50 West 13`" Street, Dubuque, lowa 52001 ("Lessor"), and Southwestco Wireless, Inc. d/b/a Verizon Wireless, whose principal place of business is One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("Lessee"). 1. Master Lease A¢reement. This Supplement is a Supplement as referenced in that certain Master Lease Agreement between the City of Dubuque, lowa and Southwestco Wireless, Inc. d/b/a Verizon Wireless, dated May 10, 2018 (the "AgreemenY'). All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. Premises. Lessor hereby leases to Lessee certain spaces on and within Lessor's Property located at 2701 Rockdale Road, Dubuque, lowa, including, without limitation, Equipment Space and Antenna Space on the Pole. The Equipment Space and Antenna Space are as shown on Exhibit 1,attached hereto and made a part hereof. 3. Term. The Commencement Date and the Term of this Supplement shall be as set forth in Paragraphs 3 and 5 of the Agreement. 4. Consideration. Lease payments under this Supplement shall be $150.00 per Pole, per year, payable in annual installments as set forth in Paragraph 3 of the Agreement. Lease payments shall be delivered to Lessor at 50 West 13`"Street, Dubuque, lowa 52001. 5. Power Char¢es. LESSEE shall furnish and install an electrical meter at the Premises for the measurement of electrical power used by LESSEE at the Premises and LESSEE shall pay the utility company directly. 6. Site Specific Terms. a. Replacement Pole Installation bv Lessee. Lessee agrees to construct, at its cost, the Lessor's replacement Pole according to the location, size and specifications contained within the final construction drawings as approved in writing by Lessor. Lessee agrees that the Pole will be constructed in a good and workmanlike manner in accordance with the approved plans and specifications unless otherwise approved in writing by Lessor, which approval shall not be unreasonably withheld,conditioned or delayed. Lessee acknowledges and agrees that Lessor may Page 6 of 3 DBQ Key West SC3-Lease Supplement(GL#484023) cox�o7621s6.299s/1a2os921s.1 lease unused space on the Pole and in the public right-of-way to other lessees, subject to Paragraph 11 of the Agreement. Page 7 of 3 DBQ Key West SC3-Lease Supplement(GL#484023) cox�o7621s6.299s/1a2os921s.1 IN WITNE55 WHEREOF,the Lessor and the Lessee have executed this Supplement effective the day and year first above written. LESSOR: City of Dubuque, lowa By: Name: Title: Date: LESSEE: Southwestco Wireless, Inc. d/b/a Verizon Wireless By: Name: Title: Date: Page 8 of 3 DBQ Key West SC3-Lease Supplement(GL#484023) cox�o7621s6.299s/1a2os921s.1 EXHIBIT 1 Site Plan of Premises (See Attached) Page 1 of 3 DBQ Asbury SC7-Lease Supplement(GL#457546) CORE/07 621 8 6 299 8/1 41 43 3 225.1 \ Mqq��KFT'�o "�s�c\ R��F ��+r � \ � \ � \ ` ` \ \ �asnNc wauc M6Hf OF IMY If6 . � . . . 1. . . . � . . . . . . . . Il . . . . / ..., .'..,�.�...�•..�.. .�...,, ,�- . . .. ..'/. .. �. . . . . . . �. �. .�. . . . . .. .�. lF.S501t flEAACEIEAf PIXE � .� . . . . ..� � . . . O . . , . .. . ..� , . . . . . r . �� .� -� - - . . �� . � sr: . '�.".. ..".,�........,' � �...."�' . .. ..'. �,1,.; . . . . Il. � �'��.t q� . � £ , O� � � . . �� NORTH . . � � ;�_ " (� r O � � � � ° �� DBQ KEY WEST SC3 Page 2 of 3 DBQ Asbury SC7-Lease Supplement(GL#457546) CORE/07621862998/141433225.1 TOP OF L1GHT HOGHf 40.8' AGL r , LESSOR LIGHT i i L6SFE ANfENNA SPACE � I i i TOP OF POLE HOGHf 35.9' AGL r-- --� i i iI i LESSEE EQUIPMENf SPACE�; I L__ __J LESSOR REPLACEMEN� POLE GROUND ELEVATION � 0.0'AGL DBQ KEY WEST SC3 Page 3 of 3 DBQ Asbury SC7-Lease Supplement(GL#457546) CORE/07621862998/141433225.1 LEASE SUPPLEMENT AND DBQ ASBURY SC7 EXHIBIT 1 Page 4 of 3 DBQ Asbury SC7-Lease Supplement(GL#457546) CORE/07 621 8 6 299 8/1 41 43 3 225.1 LEASE SUPPLEMENT This Lease Supplement("SupplemenY'), is made this_day of 20_between the City of Dubuque, lowa, whose principal place of business is 50 West 13`" Street, Dubuque, lowa 52001 ("Lessor"), and Southwestco Wireless, Inc. d/b/a Verizon Wireless, whose principal place of business is One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("Lessee"). 1. Master Lease A¢reement.This Supplement is a Supplement as referenced in that certain Master Lease Agreement between the City of Dubuque, lowa and Southwestco Wireless, Inc. d/b/a Verizon Wireless, dated May 10, 2018 (the "AgreemenY'). All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement,the terms of this Supplement shall govern.Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. Premises. Lessor hereby leases to Lessee certain spaces on and within Lessor's replacement Pole located in the public right-of-way at the southwest corner of the intersection of Rosemont Street and Creston Street, Dubuque, lowa including, without limitation, Equipment Space and Antenna Space above the light arm on the Pole, as well as Cabling Space within the interior of the Pole. The Equipment Space and Antenna Space are as shown on Exhibit 1, attached hereto and made a part hereof. 3. Term. The Commencement Date and the Term of this Supplement shall be as set forth in Paragraphs 3 and 5 of the Agreement. 4. Consideration. Lease payments under this Supplement shall be $150.00 per Pole, per year, payable in annual installments as set forth in Paragraph 3 of the Agreement. Lease payments shall be delivered to Lessor at 50 West 13`"Street, Dubuque, lowa 52001. 5. Power Char¢es. In consideration for the electrical service, for each year during the Term Lessee shall pay Lessor a flat rate of $1,500.00 for its power consumption (the "Power Charge'). The annual Power Charge shall be paid in annual installments,and shall commence and be paid concurrently with the lease payments pursuant to Paragraph 4above. Lessor shall have the right, no more frequently than once each calendar year,to provide Lessee with information sufficient to demonstrate, to Lessee's reasonable satisfaction, that the actual costs for the electrical service utilized by Lessee exceed the Power Charge. In the event the Parties mutually agree that the costs of the electrical service utilized by Lessee exceed the Power Charge,the Parties shall negotiate, in good faith,an increase to the Power Charge and shall amend this Supplement to reflect the same. 6. Site Specific Terms. a. Replacement Pole Installation bv Lessee. Lessee agrees to construct, at its cost, the Lessor's replacement Pole according to the location, size and specifications contained within the final construction drawings as approved in writing by Lessor. Lessee agrees that the Pole will be constructed in a good and workmanlike manner in accordance with the approved plans and specifications unless otherwise approved in writing by Lessor, which approval shall not be Page 5 of 3 DBQ Asbury SC7-Lease Supplement(GL#457546) CORE/07 621 8 6 299 8/1 41 43 3 225.1 unreasonably withheld,conditioned or delayed. Lessee acknowledges and agrees that Lessor may lease unused space on the Pole and in the public right-of-way to other lessees, subject to Paragraph 11 of the Agreement. [Signature Page Follows] Page 6 of 3 DBQ Asbury SC7-Lease Supplement(GL#457546) CORE/07 621 8 6 299 8/1 41 43 3 225.1 IN WITNE55 WHEREOF,the Lessor and the Lessee have executed this Supplement effective the day and year first above written. LESSOR: City of Dubuque, lowa By: Name: Title: Date: LESSEE: Southwestco Wireless, Inc. d/b/a Verizon Wireless By: Name: Title: Date: Page 7 of 3 DBQ Asbury SC7-Lease Supplement(GL#457546) CORE/07 621 8 6 299 8/1 41 43 3 225.1 EXHIBIT 1 Site Plan of Premises (See Attached) 8 I ; ` I � 1 ' 1 �� ; �� ; � ` � � � ; � � � � � � ! � , � � , I � � � � � �� i � � i � --� � � ------------------------------------ � _ �� 0 W �� k� � PII&1C PoGHf OF MY1Y W C � z 0 � � n = v 9 LESSEE ANTENNA SPACE � � � � � � � � TOP OF POLE HEIGHT ' 26.0' AGL �-- - --, LESSEE EQUIPMENT SPACE� ; i �I TOP OF LIGHT HEIGHT L__ _ __J 22.3' AGL LESSOR LIGHT STO P STREEf SIGNS LESSOR REPLACEMENT POLE GROUND ELEVATION 0.0' AGL DBQ ASBURY SC7 10 Kevin Firnstahl From:Luis Del Toro Sent:Monday, October 01, 2018 10:17 PM To:Mike Van Milligen; Kevin Firnstahl Subject:Fw: Our Wireless Tech Is Unsafe. FIVE US gov't agencies have tried to warn us. From: frank belcastro <fpbelcast@gmail.com> Sent: Monday, October 1, 2018 7:40:07 PM To: Brett Shaw; David T. Resnick; Jake A. Rios; Kate Larson; Luis Del Toro; Ric W. Jones; Roy D. Buol Subject: Fwd: Our Wireless Tech Is Unsafe. FIVE US gov't agencies have tried to warn us. ---------- Forwarded message --------- Sorry. The talk time has expired. Substitute this: From: BG <thinkcivic@gmail.com> Date: Wed, Sep 26, 2018 at 5:03 AM Subject: Our Wireless Tech Is Unsafe. FIVE US gov't agencies have tried to warn us. To: BG <thinkcivic@gmail.com> For 30 years the FCC has pretended that human exposure risks from wireless tech come solely from wireless radiation's heating of body tissue. ('If it isn't starting to cook you, it isn't hurting you.') THIS IS AN OUT-AND-OUT LIE. Big Telecom gets a pass by using this claim in order to proliferate endless consumer devices which, without raising your temperature, cause serious biological harm. "Thousands of studies which show biological harm from RF radiation are not even considered by the government agencies that are supposed to ensure safety." Warnings shown below go back a long way. But, as the linked Harvard ethics report says, the FCC has long been 'captured' by the telecom industry. The FCC is totally controlled by corporate interests. (The Cellular Telecom lobbying group meets with the FCC "500 times a year".) SEE ESPECIALLY THE HARVARD ETHICS EBOOK REPORT. https://takebackyourpower.net/5-us-government-agencies-have-tried-to-warn-us-about-wireless- harm ,,,, this ebook report from the Harvard Ethics Department clearly identifies that the FCC is a captured agency. This is the same with virtually all other western countries’ agencies responsible for wireless and health. 1 At least 5 other agencies have tried to warn us 1. Environmental Protection Agency (EPA), 1993: The FCC’s exposure standards are “seriously flawed.” (Official comments to the FCC on guidelines for evaluation of electromagnetic effects of radio frequency radiation, FCC Docket ET 93-62, November 9, 1993.) Environmental Protection Agency (EPA), 2002: Norbert Hankin of the EPA’s Office of Air and Radiation, Center for Science and Risk Assessment, Radiation Protection Division, wrote: “The FCC’s current \[radio frequency/microwave\] exposure guidelines, as well as those of the Institute of Electrical and Electronics Engineers (IEEE) and the International Commission on Non-ionizing Radiation Protection, are thermally based, and do not apply to chronic, non- thermal exposure situations…. The generalization by many that the guidelines protect human beings from harm by any or all mechanisms is not justified…. There are reports that suggest that potentially adverse health effects, such as cancer, may occur…. Federal health and safety agencies have not yet developed policies concerning possible risk from long-term, non-thermal exposures.” 2. Food and Drug Administration (FDA), 1993: “FCC rules do not address the issue of long-term, chronic exposure to RF fields.” (Comments of the FDA to the FCC, November 10, 1993.) 3. National Institute for Occupational Safety and Health (NIOSH), 1994: The FCC’s standard is inadequate because it “is based on only one dominant mechanism — adverse health effects caused by body heating.” (Comments of NIOSH to the FCC, January 11, 1994.) 4. Amateur Radio Relay League Bio-Effects Committee, 1994: “The FCC’s standard does not protect against non-thermal effects.” (Comments of the ARRL Bio-Effects Committee to the FCC, January 7, 1994.) 5. The U.S. Department of Interior, 2014: “Study results have documented \[bird\] nest and site abandonment, plumage deterioration, locomotion problems, reduced survivorship, and death…. The electromagnetic radiation standards used by the Federal Communications Commission (FCC) continue to be based on thermal heating, a criterion now nearly 30 years out of date and inapplicable today.” 2 -- -------------------------------------------------------------------------------------------------------------------- ~~Sent from a hardwired computer --no wireless whatsoever-- for the sake of you, me, and the bees.~~ Use it up Wear it out. Make it do Or do without. BG thinkcivic@gmail.com "Take Back Your Power", video available free online Click here to report this email as spam. 3 Kevin Firnstahl From:Luis Del Toro Sent:Monday, October 01, 2018 10:17 PM To:Mike Van Milligen; Kevin Firnstahl Subject:Fw: 5G From: Lindsey Mescher <lmescher@hotmail.com> Sent: Monday, October 1, 2018 7:59:50 PM To: Roy D. Buol; Ric W. Jones; dresnick@cityofdubuque; bshaw@cityofdubuque; Luis Del Toro; Kate Larson; Jake A. Rios Subject: 5G To Whom It May Concern, Please please do NOT bring 5G towers to dubuque! They are soooo dangerous & cause cancer. It’s one huge experiment that I do not want to be apart of. However if these towers are placed we have no option but to be apart of it. Please reconsider!!!!! Sincerely, Dr. Lindsey topping Sent from my iPhone Click https://www.mailcontrol.com/sr/iHpLXeICZFDGX2PQPOmvUvS5rTYx7V31po9A76w5cmLHKsAqoErSvKHgLj+4UTJy22PsB YcHX5f3Y22mGO5KhQ== to report this email as spam. 1 Kevin Firnstahl From:Luis Del Toro Sent:Monday, October 01, 2018 10:16 PM To:Mike Van Milligen; Kevin Firnstahl Subject:Fw: NO to Verizon 5G Small Cell Transmitters From: Mary Loney Bichell <maryl@infowebsystems.com> Sent: Monday, October 1, 2018 4:26:47 PM To: Roy D. Buol; Ric W. Jones; David T. Resnick; Brett Shaw; Luis Del Toro; Kate Larson; Jake A. Rios Subject: NO to Verizon 5G Small Cell Transmitters Hi Everyone, I encourage you all to look for alternatives to Verizon’s transmitter proposal. We need to look for options that do NOT increase our citizen’s exposure to radiation, in fact, we SHOULD be trying to limit our exposure. Furthermore, as Dubuque County has a high incidence of cancer, a committee (made up of medical and environmental professionals) should be appointed to investigate possible causes. Regards, Mary Loney Bichell th 595 W. 11 Street Dubuque, IA 52001 Click here to report this email as spam. 1 Kevin Firnstahl From:Luis Del Toro Sent:Monday, October 01, 2018 10:16 PM To:Mike Van Milligen; Kevin Firnstahl Subject:Fw: Regarding 5G Small Cell transmitters in Dubuque Forwarding. From: Jim Earles <yogaspectrum@yahoo.com> Sent: Monday, October 1, 2018 3:09:04 PM To: Roy D. Buol Cc: Ric W. Jones; David T. Resnick; Brett Shaw; Luis Del Toro; Kate Larson; Jake A. Rios Subject: Regarding 5G Small Cell transmitters in Dubuque Dear Council Members: My name is Jim Earles and I live in Dubuque. It has come to my attention that this evening's Council Meeting will include a public hearing on three new Verizon 5G Small Cell transmitter locations, proposed for Dubuque. While I will be unable to attend tonight's meeting, I would like to strenuously object to any sort of presence of 5G transmitters in Dubuque. 5G is an unnecessary technology which will add considerable strain to the health and well-being of Dubuque residents, as well as animals and the environment. There are major concerns about how this new technology will impact human health, privacy, property values and issues of local internet control. Technology providers may frame this as being nothing more than a technological update, but it has serious and possibly irreversible ramifications. Are you aware that there is an international effort of concerned scientists, doctors and environmental organizations, all working to stop the implementation of 5G technology? You may learn more at https://www.5gspaceappeal.org/the-appeal/. I quote the following from the aforementioned appeal: "Telecommunications companies worldwide, with the support of governments, are poised within the next two years to roll out the fifth-generation wireless network (5G). This is set to deliver what is acknowledged to be unprecedented societal change on a global scale. We will have “smart” homes, “smart” businesses, “smart” highways, “smart” cities and self-driving cars. Virtually everything we own and buy, from refrigerators and washing machines to milk cartons, hairbrushes and infants’ diapers, will contain antennas and microchips and will be connected wirelessly to the Internet. Every person on Earth will have instant access to super-high-speed, low- latency wireless communications from any point on the planet, even in rainforests, mid-ocean and the Antarctic. "What is not widely acknowledged is that this will also result in unprecedented environmental change on a global scale. The planned density of radio frequency transmitters is impossible to envisage. In addition to millions of new 5G base stations on Earth and 20,000 new satellites in space, 200 billion transmitting objects, according to estimates, will be part of the Internet of Things by 2020, and one trillion objects a few years later. Commercial 5G at lower frequencies and slower speeds was deployed in Qatar, Finland and Estonia in mid-2018. The rollout of 5G at extremely high (millimetre wave) frequencies is planned to begin at the end of 2018. "Despite widespread denial, the evidence that radio frequency (RF) radiation is harmful to life is already overwhelming. The accumulated clinical evidence of sick and injured human beings, experimental evidence of damage to DNA, cells and organ systems in a wide variety of plants and animals, and epidemiological evidence that the major diseases of modern civilization—cancer, heart disease and diabetes—are in large part caused by electromagnetic pollution, forms a literature base of well over 10,000 peer-reviewed studies. 1 "If the telecommunications industry’s plans for 5G come to fruition, no person, no animal, no bird, no insect and no plant on Earth will be able to avoid exposure, 24 hours a day, 365 days a year, to levels of RF radiation that are tens to hundreds of times greater than what exists today, without any possibility of escape anywhere on the planet. These 5G plans threaten to provoke serious, irreversible effects on humans and permanent damage to all of the Earth’s ecosystems. "Immediate measures must be taken to protect humanity and the environment, in accordance with ethical imperatives and international agreements." In conclusion, I would like to point out that Dubuque has done such a commendable job of formulating and implementing sustainability initiatives. While no city is perfect, we truly do have much to be proud of here! I hope that you will continue to make us proud by following the Precautionary Principle--in the absence of scientific consensus that an action or policy is not harmful, the burden of proof that it is not harmful falls on those taking an action. Sincerely, Mr. Jim Earles 2811 Buena Vista St. Dubuque Click https://www.mailcontrol.com/sr/0uy23kqPoH3GX2PQPOmvUoZ6CX!kCKjT8GrfJAXCawYlTpfxZRw!I4Ifkhp042Q2hKcOtpi bKctkxH4nYzTQYQ== to report this email as spam. 2 Kevin Firnstahl From:Luis Del Toro Sent:Monday, October 01, 2018 10:16 PM To:Kevin Firnstahl; Mike Van Milligen Subject:Fw: 5G vote Forwarding. From: Hannah Bildstein <hmzbornik@yahoo.com> Sent: Monday, October 1, 2018 1:57:11 PM To: Luis Del Toro Subject: 5G vote Councilman Del Toro - I see that the second item under the Public Hearings on the agenda for tonight's City of Dubuque meeting involves leasing land to Verizon, which I am told is for 5G towers to be placed. I am not in support of these new towers. From the little bit I understand, there are major concerns about the safety of the 5G technology...on our health and the natural environment. There are other concerns about privacy, property values, and possible internet controls, but my main concern is that we, as a population, are becoming a science/medical experiment with some of these "advances," for which we don't know the long term effects. Below are a few links that discuss these concerns: https://www.newsweek.com/migratory-birds-bee-navigation-5g-technology-electromagnetic-radiation-934830 https://www.cbsnews.com/news/5g-network-cell-towers-raise-health-concerns-for-some-residents/ https://sanfrancisco.cbslocal.com/2018/01/25/consumerwatch-5g-cellphone-towers-signal-renewed-concerns-over- impacts-on-health/ https://www.westonaprice.org/health-topics/environmental-toxins/microwave-radiation-coming-lamppost-near/ I implore you to not support the installation of this new technology, of which we have yet to know the long term results on our health and the environment. We are technically outside the city limits (south of Key West, in Southern Hills), but are near Digital Drive, which I understand is a proposed location for one tower. Thank you for your consideration, Hannah Bildstein Click here to report this email as spam. 1 Kevin Firnstahl From:Luis Del Toro Sent:Monday, October 01, 2018 10:15 PM To:Mike Van Milligen; Kevin Firnstahl Subject:Fw: Please say NO to Verizon 5G Small Cell Transmitters Forwarding. From: Cynthia Cechota <healthbyingestion@hotmail.com> Sent: Monday, October 1, 2018 10:16:00 AM To: Roy D. Buol; Ric W. Jones; David T. Resnick; Brett Shaw; Luis Del Toro; Kate Larson; Jake A. Rios Subject: Re: Please say NO to Verizon 5G Small Cell Transmitters ps. For an objective perspective, please see this article: https://www.westonaprice.org/health-topics/environmental-toxins/microwave-radiation-coming-lamppost- near/ Microwave Radiation Coming to a Lamppost Near You - The ... In an exceptionally short period of time, cellular technologies have become a dominant fixture of modern-day life. When the first clunky cell phones became commercially available in the \[…\] www.westonaprice.org From: Cynthia Cechota Sent: Monday, October 1, 2018 9:53 AM To: rdbuol@cityofdubuque.org; rjones@cityofdubuque.org; dresnick@cityofdubuque.org; bshaw@cityofdubuque.org; ldeltoro@cityofdubuque.org; kmlarson@cityofdubuque.org; jrios@cityofdubuque.org Subject: Please say NO to Verizon 5G Small Cell Transmitters Dear Council Members: Please do not allow Verizon or any other wireless technology company to expose Dubuque, including humans, pets, wildlife, and crops to the intense microwave radiation of this new technology. Send a message to all cellular companies that before they introduce a major health concern, they need to research ways to protect our health, and the health of our planet. Personally, I'd rather have slower data than cancer!!! And please consider Sustainable Dubuque in your decision, as well as the folks who live and work in the three areas this technology would be installed. 1 Thank you for listening. Cynthia Cechota 8 Lindberg Terrace Click here to report this email as spam. 2 Kevin Firnstahl From:Luis Del Toro Sent:Monday, October 01, 2018 10:15 PM To:Mike Van Milligen; Kevin Firnstahl Subject:Fw: 5G tower by Creston St near my home Forwarding email received. From: Bryan Blair <structupuncture01@yahoo.com> Sent: Monday, October 1, 2018 2:37:42 AM To: Roy D. Buol; Ric W. Jones; David T. Resnick; Brett Shaw; Luis Del Toro; Kate Larson; Jake A. Rios Subject: 5G tower by Creston St near my home Hello, I am writing to let you know of my opposition to placing 5G towers in the neighborhood near our home on Creston St and in residential neighborhoods in general. I live on Creston St and am very concerned about the plans to place the 5G tower so close to my home. While I love technology (I have a Bachelors in Biomedical Engineering) and fast Internet speeds and wireless access, I do not believe we can ignore the bad effects of 5G on our health and community. Thousands of studies link low-level wireless radio frequency radiation exposures to a long list of adverse biological effects including causing cancer as well as:  DNA single and double strand breaks  oxidative damage  disruption of cell metabolism  increased blood brain barrier permeability (this means many synthetic chemicals and natural toxins that normally cannot get into the brain will then be able to gain entry and cause damage!)  melatonin reduction (melatonin allows us to sleep well and is an important anti-inflammatory antioxidant that protects our brain and neurological system. It also protects against cancer, cardiovascular disease, diabetes, and many other conditions)  disruption to brain glucose metabolism  generation of stress proteins There is additional science on 5G technology which tells us that if we put this tower in my neighborhood, we can expect increases in diseases and medical conditions that affect: our skin (skin diseases and cancers) our eyes (cataracts) our hearts (arrhythmias) our immune systems 1 It is also scientifically linked to antibiotic resistance in bacteria. This means that our immune systems will be weaker and the bacteria better able to survive our antibiotic treatments. Generally speaking, the closer you are to a 5G tower, the more you will experience these detrimental affects. There are more vulnerable citizens who have medical conditions that make them more susceptible to the adverse effects of 5G wireless technology. More and more people are having these issues so this problem will only get bigger. We need to deal with 5G in a thoughtful manner to protect ALL citizens. I myself am EMF sensitive and I have two children who have growing brains that are especially vulnerable to the adverse health effects known to occur from 5G technology. There are several additional children living even closer to where this tower is planned to be placed. I recognize that there are limitations that the FCC has put in place. But please note that: 1. The FCC is staffed by former members of the telecommunication industry and they are effectively indemnified against adverse health impacts when the “acceptable” limits of radiation are exceeded. 2. We need to take action and create policies that protect our citizens as much as is in our power to overcome this. We need to create a formal policy to limit and prohibit the installation of devices in residential neighborhoods. Just like we need to protect our citizens from lead in the water, we need to protect citizens from getting cancer and other health issues that science shows us result from 5G technology. It will save money and lives to plan ahead and not wait until citizens are dying from this technology before we take action. The people most susceptible to these adverse health impacts are the youngest among us because their blood- brain barrier has not been fully developed yet. This is why all across America citizens are uniting to fight against this technology. Please be a leader for other communities and do what is right to protect our citizens. This technology isn’t necessary. The risk benefit ratio of putting these close to people’s homes tells us it is too dangerous. Please quickly scan these two links to see the growing list of communities taking action to protect their citizens. http://wifiinschools.com/uploads/3/0/4/2/3042232/schools_and_organizations_wifi.pdf http://www.parentsforsafetechnology.org/worldwide-countries-taking-action.html Thank you in advance for taking the time to learn about my concerns. Sincerely, Katie Blair 3895 Creston St. Dubuque, Iowa 52002 2 Kevin Firnstahl From:Citizen Support Center <dubuqueia@mycusthelp.net> Sent:Monday, October 01, 2018 8:06 PM To:Kevin Firnstahl Subject:"Contact Us" inquiry from City of Dubuque website Contact Us Name: Carol Simon Address: Ward: Phone: 5635998750 Email: cleeenlaundry@yahoo.com City Department: City Council Message: I am against the proliferation of 5G towers thru out Dubuque. The convenience is not worth the risk or questionable risk to the safety of the families living near these towers. Click here to report this email as spam. 1 Kevin Firnstahl From:Citizen Support Center <dubuqueia@mycusthelp.net> Sent:Sunday, September 30, 2018 11:38 PM To:Kevin Firnstahl Subject:"Contact Us" inquiry from City of Dubuque website Contact Us Name: Carla kaufman Address: Ward: Phone: Email: Cjane319@yahoo.com City Department: City Council Message: I would like to voice my opposition to the 5 G small cell translators being installed. My mother lives in the middle of town, and has an Autoimmune disease. 5G has been liked to lowering immune systems. The issue is that 5G towers could exacerbate health symptoms already suspected as a result of exposure to electromagnetic fields. Those symptoms can include fatigue, headaches, sleep problems, anxiety, heart problems, learning and memory disorders, ringing in the ears and increased cancer risk, according to the EMF Safety Network. It’s important to know that in 2011, the World Health Organization’s International Agency for Research on Cancer classified Radiofrequency radiation a potential 2B carcinogen and specified that the use of mobile phones could lead to specific forms of brain tumors. Many studies have associated low-level RFR exposure with a litany of health effects, including: DNA single and double-strand breaks (which leads to cancer) oxidative damage (which leads to tissue deterioration and premature aging) disruption of cell metabolism increased blood-brain barrier permeability melatonin reduction (leading to insomnia and increasing cancer risks) disruption of brain glucose metabolism generation of stress proteins (leading to myriad diseases) The new 5G technology utilizes higher-frequency MMW bands, which give off the same dose of radiation as airport scanners. The effects of this radiation on public health have yet to undergo the rigours of long-term testing. Adoption of 5G will mean more signals carrying more energy through the high-frequency spectrum, with more transmitters located closer to people’s homes and workplaces– basically a lot more (and more potent) RFR flying around us. This is a massive health experiment on the citizens. This needs to be stopped. The SF Bay area has has enacted an urgency ordinance to regulate “small cell” towers with the intent to do more work and studies to craft a permanent ordinance within the next year. The urgency ordinance has standards to limit and prohibit the installations of devices in residential neighborhoods. As a progressive city, I think Dubuque should follow that model. Click here to report this email as spam. 1 Kevin Firnstahl From:Ric W. Jones Sent:Wednesday, October 03, 2018 11:49 AM To:Kevin Firnstahl; Mike Van Milligen Subject:FW: Cell Tower Did not appear to be copied to you. Ric Jones City Council Member City of Dubuque, Iowa 50 West Thirteenth Street Dubuque, Iowa 52001 563 556 3490 From: Brett Shaw Sent: Wednesday, October 3, 2018 10:45 To: kerryelliott8 <kerryelliott8@aol.com> Cc: Roy D. Buol <rdbuol@cityofdubuque.org>; Ric W. Jones <rjones@cityofdubuque.org>; David T. Resnick <dresnick@cityofdubuque.org>; ideltoro@cityofdubuque.org; Kate Larson <kmlarson@cityofdubuque.org>; Jake A. Rios <jrios@cityofdubuque.org> Subject: Re: Cell Tower Kerry, The council agenda is controlled solely by the Mayor and City Manager. This is to say that for a reversal on this decision to occur that either the Mayor or City Manager will need to direct that it be added for formal discussion. Only 1 more vote was required to stop this. It passed 4-3. The most likely swing vote of the 4 members who voted in favor is Jake Rios. I’d recommend calling him to discuss the matter. 1 option available to us would be for a council member to request reconsideration during the council notes section of the next council meeting. This won’t gain traction if at least 4 members do not express support of this. This is where direct contact with Jake, Ric, Roy or David will be necessary. 1 of them will have to deviate from their current position. I will raise the request but need you and others to make a concerted push with the aforementioned council members in advance of this. Does this make sense? If need be we can talk over the phone. Thank you, Brett On Oct 2, 2018, at 9:06 PM, kerryelliott8 <kerryelliott8@aol.com> wrote: 1 I am aware the vote was passed to place cell towers in my neighborhood. I am begging you to reconcider, not only for the reasons I mention in my previous email. Also for the fact not a single one of us were informed prior to the vote taking place. This to me is unfair and not politically correct!! I encourage your response to me and my fellow neighbors! Thank you, Kerry Elliott 3980 Creston St. Dubuque, IA 52002 Sent via the Samsung Galaxy S7, an AT&T 4G LTE smartphone -------- Original message -------- From: kerryelliott8 <kerryelliott8@aol.com> Date: 10/1/18 5:51 PM (GMT-06:00) To: rdbuol@cityofdubuque.org, rjones@cityofdubuque.org, dresnick@cityofdubuque.org, bshaw@cityofdubuque.org, ideltoro@cityofdubuque.org, kmlarson@cityofdubuque.org, jrios@cityofdubuque.org Subject: Cell Tower I am writing you in regards to the 5g cell tower placement near my home on Creston St. I am opposed to the placement of cell towers being placed in my neighborhood. The health risks that would be effected are not worth a tower being placed in a neighborhood like Creston and any other for that matter. The location of schools and parks near by would also have negative effects to our families and children. My fellow neighbor Katie Blair, had emailed you as well with more detail of the negative health risks caused by these towers. Please take our request into consideration when voting on this. Thank you, Kerry Elliott 3980 Creston St. Dubuque, IA. 52002 Sent via the Samsung Galaxy S7, an AT&T 4G LTE smartphone Click here to report this email as spam. 2 Kevin Firnstahl From:Luis Del Toro Sent:Saturday, October 06, 2018 8:21 PM To:Jake A. Rios; Mike Van Milligen; Kevin Firnstahl Subject:Fwd: 5G service is coming – and so are health concerns over the towers that support it - CBS News Sharing with you Mike and Kevin. Added you Jake as they had your email incorrect. Sent from my iPad Begin forwarded message: From: David Burrows <dburrows@shaffer-burrows.com> Date: October 6, 2018 at 7:34:44 PM CDT To: rdbuol@cityofdubuque.org, rjones@cityofdubuque.org, dresnick@cityofdubuque.org, bshaw@cityofdubuque.org, ldeltoro@cityofdubuque.org, kmlarson@cityofdubuque.org, jrios@cityofdubuqe.org Subject: 5G service is coming – and so are health concerns over the towers that support it - CBS News 5G service is coming – and so are health concerns over the towers that support it CBS News The wireless industry is in a race to roll out 5G service. The network is supposed to be up to 100 times faster than current data speeds, but it requires cellphone tower equipment to be closer to users than before. Wireless companies in the U.S. say they'll have to install about 300,000 new antennas – roughly equal to the total number of cell towers built over the past three decades. That's causing outrage and alarm in some neighborhoods, as antennas go up around homes. The linke d imag e cann ot … AT&T says it will try to use existing infrastructure, like street lights, to install the new antennae required for 5G service. CBS News At a lab in New York, Verizon invited CBS News' Tony Dokoupil to meet some of the entrepreneurs developing tools to run on the next generation of wireless technology. Jonathan Reeves, the CEO of Arvizio, said 5G service is extremely 1 important to his company's mission. His product allows users in different locations to interact with 3D images projected through a lens. "Today, we can do this using Wi-Fi technology, and we can do it using landline technology. But of course you're then tied to particular locations. With 5G, now we can begin to extend this. So we can actually begin to start doing this on building sites. We can start doing it on the factory floor. So it really opens up a whole new world," Reeves said. But before that world can become reality, this one needs to change. 5G requires the installation of new equipment across the U.S. Every wireless company is working to build its own 5G network. The linke d imag e cann ot … Melissa Arnoldi, president of technology and operations for AT&T CBS News Melissa Arnoldi, who leads AT&T's efforts, said if it's not already in your neighborhood, it's coming. She said 5G uses high-frequency waves that support faster speeds but don't travel as far as current wireless frequencies. So instead of relying on large cellphone towers spread far apart, they need "small cell" sites that are much closer together. "We're going to use our existing infrastructure today. Whether it's light poles, whether it's street lights. So we're going to make sure that we don't make it obtrusive to our customers and to the citizens," Arnoldi said. Yet some don't share the enthusiasm. "The cell towers are called small cell towers, but they are not so small when they are in your front yard," said Donna Baron. She is protesting plans to convert light poles in her Montgomery County, Maryland, neighborhood into small cell sites. "This will cause cancer," Baron said. She was one of several people who raised health concerns about the radiation emitted by the equipment at a government hearing last month. Cell phone equipment does emit radiation but research on its health effects has been inconsistent. According to the National Cancer Institute, "A limited number of 2 studies have shown some evidence of statistical association of cell phone use and brain tumor risks… but most studies have found no association." The linke d imag e cann ot … CBS News If Baron loses the fight, she said she'll consider moving. Either way, she fears property values could plummet when 5G equipment pops up. "It could drop 20 percent," she said. "For that house, that house, that house. And then pretty soon you go around the curb and there's another cell tower. They're all through this neighborhood. So it's going to devastate the neighborhood." Arnoldi insists her workers are focused on safety, pointing out they live and work near this equipment, too. Although she doesn't have any 5G antennae in her neighborhood yet, she said it's coming soon and she's "absolutely" comfortable with that. Wireless carriers have announced plans to roll out 5G service to a handful of cities later this year. But to really take advantage, you'll need a 5G-enabled device, which probably won't be available until next year. Sent from my iPad Click here to report this email as spam. 3 Kevin Firnstahl From:Luis Del Toro Sent:Saturday, October 06, 2018 8:22 PM To:Mike Van Milligen; Kevin Firnstahl; Jake A. Rios Subject:Fwd: Why 5G cell towers could affect your health | Komando.com Same as the last email. Sent from my iPad Begin forwarded message: From: David Burrows <dburrows@shaffer-burrows.com> Date: October 6, 2018 at 7:35:59 PM CDT To: rdbuol@cityofdubuque.org, rjones@cityofdubuque.org, dresnick@cityofdubuque.org, bshaw@cityofdubuque.org, ldeltoro@cityofdubuque.org, kmlarson@cityofdubuque.org, jrios@cityofdubuqe.org Subject: Why 5G cell towers could affect your health | Komando.com Why 5G cell towers could affect your health By Mark Jones, Komando.com 1 Are you excited about the upcoming 5G technology? This, of course, is the fifth generation wireless broadband technology that is on the way. It operates with a 5Ghz signal and will offer super-fast speeds when compared to 4G networks. Unfortunately, there could be some negative health effects that come along with this new technology. Why is 5G technology causing health concerns? The reason some people are worried about negative effects of 5G technology is all the new cell towers that are going up. Millions of new towers are being installed all across the U.S. by wireless carriers. They are needed to provide faster speeds that come with 5G. 2 Adam Koeppe, VP of Network Planning at Verizon said, "5G technology innovation is rapidly evolving. Network density is increasing to meet the demands of customers, and following the FCC's aggressive action on 5G spectrum, the time is right to deliver the next generation of broadband services with 5G." With millions of new cell towers comes an increase in generated radio frequencies (RF). Some people are worried that this will increase the potential of getting cancer. Fears have been circulating for years about cellphones possibly causing cancer from RF and electromagnetic field (EMF) exposure. With the increased use of smartphones over the years, those fears have grown. Over 230 scientists from 41 nations have signed an International EMF Scientist Appeal. The appeal talks about serious concerns of increased exposure to EMF based on a number of recent scientific publications that link low levels of wireless radiation to health problems. These scientists are asking for stronger regulations and publicly funded studies on health effects from cell towers. This could help confirm or debunk the fears people have. According to the American Cancer Society (ACS), these fears are unfounded. The ACS said, "Cellphones work by sending signals to (and receiving them from) nearby cell towers using RF waves. This is a form of electromagnetic energy that falls between FM radio waves and microwaves. Like FM radio waves, microwaves, visible light, and heat, RF waves are a form of non-ionizing radiation. "They don't have enough energy to cause cancer by directly damaging the DNA inside cells. RF waves are different from stronger (ionizing) types of radiation such as x-rays, gamma rays, and ultraviolet (UV) light, which can break the chemical bonds in DNA. "At very high levels, RF waves can heat up body tissues. But the levels of energy given off by cellphones are much lower, and are not enough to raise temperatures in the body." What do you think? Do additional cell towers concern you? Leave a comment and tell us your thoughts. 3 Windows users must do this one thing to deal with dangerous Spectre chip flaw With hardware and software vendors scrambling to issue patches and fixes to protect consumers from the massive chip flaws Spectre and Meltdown, it hasn't really been smooth sailing. The updates are buggy and they’re even causing systems to fail. To counteract these issues, Microsoft has just issued another emergency fix for Windows systems and you probably won't like what it actually does. Click here to find out what this latest emergency Windows patch does for you. Next Story Source: CBS  Smartphone/Tablets/Computers  Technology  5G network  cell network  health Sent from my iPad Click here to report this email as spam. 4 Kevin Firnstahl From:Luis Del Toro Sent:Saturday, October 06, 2018 8:22 PM To:Mike Van Milligen; Kevin Firnstahl; Jake A. Rios Subject:Fwd: California Community Mounts a Fight Against 5G Infrastructure Sent from my iPad Begin forwarded message: From: David Burrows <dburrows@shaffer-burrows.com> Date: October 6, 2018 at 7:37:02 PM CDT To: rdbuol@cityofdubuque.org, rjones@cityofdubuque.org, ldeltoro@cityofdubuque.org, kmlarson@cityofdubuque.org, jrios@cityofdubuqe.org, dresnick@cityofdubuque.org, bshaw@cityofdubuque.org Subject: California Community Mounts a Fight Against 5G Infrastructure California Community Mounts a Fight Against 5G Infrastructure Residents in San Rafael have launched a pre-emptive effort to prevent telecoms from installing small cell antennas throughout the city. by Keri Brenner, The Marin Independent Journal / August 22, 2018 1 Small cell antenna installations, similar to this one, are becoming increasingly popular in cities across the country. Shutterstock/kriang phromphim (TNS) — San Rafael residents have launched a campaign to block cellphone companies from attempting to build 5G towers in Marin. The 5G towers, which would allow for faster and higher-capacity video streaming and other transmissions, could exacerbate health symptoms already suspected as a result of exposure to electromagnetic fields, Vicki Sievers, of the EMF Safety Network, told the San Rafael City Council on Monday. 2 According to the EMF Safety Network website, those symptoms can include fatigue, headaches, sleep problems, anxiety, heart problems, learning and memory disorders, ringing in the ears and increased cancer risk. “We’ve experienced 2G, 3G, 4G and now, on the horizon, is a fifth generation called millimeter wave technology,” Sievers said after her presentation that brought standing applause from about 20 people at the packed meeting. “Around the world, doctors and scientists are gravely alarmed about the biological and physiological effects of that technology.” Sievers said no permits for 5G so-called “small cell” towers have been issued in Marin as of yet — though they have in other Bay Area cities — and she suspects they are being planned in San Rafael and Marin. “\[We want\] amendments to the current telecommunications ordinance — which has not been reviewed since 2004 — that protect residential areas, schools and parks through setbacks and attention to power profiles,” Sievers said in an email Tuesday. According to Sievers, San Anselmo, Fairfax and Mill Valley are working on strengthening their cell tower ordinances. “Our effort has to do with making pre-emptive strikes before Verizon, AT&T \[and others\] actually make formal applications to each town and city,” Sievers said. “There are no applications in San Rafael to date, but there surely have been permits granted and installations begun in other Bay Area cities.” In May, Verizon was forced to withdraw its application to build two “small cell” towers in Sebastopol after four months of heavy opposition by residents and attorneys for the EMF Safety Network. “Several of us San Rafael residents went to the (San Rafael) council on Feb. 20 (when the Sebastopol issue arose), urging them to prevent such debacles here,” Sievers said. San Rafael Mayor Gary Phillips said Tuesday he was not aware of any ongoing activity to strengthen or upgrade cell tower regulations in the city and there were no immediate plans for further discussion. “It kind of came a little bit out of the blue,” he said of Monday’s presentation. 3 EMFs include wireless radiation emitted by cell towers, cell and cordless phones, smart meters, smart grid, Wi-Fi and computers, power lines, fluorescent lights, indoor wiring and other electronic devices, according to the EMF Safety Network. According to the U.S. Centers for Disease Control and Prevention, the jury is still out on the health risks of exposure to EMFs. “Studies have shown that some workers exposed to high magnetic fields have increased cancer rates,” the CDC reported on its website. “But such associations do not necessarily show that EMF exposures cause cancer (any more than the springtime association of robins and daffodils shows that one causes the other). Scientists have looked carefully at all the EMF evidence, but they disagree about the health effects of EMFs except to say that better information is needed.” According to the website whatis5g.info, the 5G “small cell” tower “will include the higher millimeter wave frequencies never before used for internet and communications technology. These waves do not travel easily through buildings so 5G will require millions of new cell towers. The wireless telecom industry is aggressively seeking to outfit nearly every lamppost and utility pole around the country with a wireless ‘small cell’ antenna beaming hazardous radiation next to, or into our homes, 24/7.” San Rafael resident Chandu Vyas said Monday he is wary of EMFs after a health challenge about five years ago. He said he developed severe and constant headaches after a smart meter was installed at his home. The headaches went away after he “opted out” and had the smart meter at his property removed. “I don’t want to go through the same health problem again,” he told the City Council. “I ask your help.” Kiah Bosy of Chi Home Design showed the council how her EMF meters ratcheted up to high pitch when she walked toward a TV screen in front of the council chambers. “It’s serious,” she said. “We’re microwaving each other.” ©2018 The Marin Independent Journal (Novato, Calif.) Distributed by Tribune Content Agency, LLC. 5G Stories Mapped by City and State 4 See the big picture of how government agencies are utilizing 5G by exploring our Government Technology editorial database geographically visualized by location and date. MORE FROM Network SPONSORED ARTICLES Sent from my iPad Click here to report this email as spam. 5 Kevin Firnstahl From:Luis Del Toro Sent:Saturday, October 06, 2018 8:20 PM To:Mike Van Milligen; Kevin Firnstahl Cc:Ric W. Jones Subject:Fwd: Verizon Transmitter at Creston & Rosemont Sharing with you Mike and Kevin. Added you Ric as they had your email incorrect. Sent from my iPad Begin forwarded message: From: David Burrows <dburrows@shaffer-burrows.com> Date: October 6, 2018 at 7:19:09 PM CDT To: rdbuol@cityofdubuque.org, rjone@cityofdubuque.org, dresnick@cityofdubuque.org, bshaw@cityofdubuque.org, ldeltoro@cityofdubuque.org, kmlarson@cityofdubuque.org, jrios@cityofdubuqe.org Subject: Verizon Transmitter at Creston & Rosemont We are writing to you all to object to Verizon’s 5G small cell transmitter going in at the above location. We are also concerned why the neighborhood was not given a chance to comment on this issue. We live at 1750 Rosemont. We have read that these towers pose significant health issues that affect our skin, eyes, hearts, immune systems and antibiotic resistance to bacteria. We have read that children are in particular danger. We are also told to expect a 20% drop in property values. We were not given any notice of this and we fear the council has sold out citizen interests. We are appalled at how this has come about. Shame on you! David & Lori Burrows 1750 Rosemont St. Dubuque, IA 563-599-0995 Sent from my iPad Click https://www.mailcontrol.com/sr/gjR54EV1G!bGX2PQPOmvUrwS+HatjSAf9ofBQgY7xf4vMmu+XGqQzRJs NjmCnRegfblKpgp6gSqU8yB5sLY89Q== to report this email as spam. 1 Kevin Firnstahl From:Luis Del Toro Sent:Sunday, October 07, 2018 9:14 PM To:Mike Van Milligen; Kevin Firnstahl Subject:Fw: Viote on Oct 1st to allow Verizon to put a cell tower in our neighborhood From: susydinger@mchsi.com <susydinger@mchsi.com> Sent: Sunday, October 7, 2018 8:11:14 PM To: Roy D. Buol; Ric W. Jones; David T. Resnick; Brett Shaw; Luis Del Toro; Kate Larson; Jake A. Rios Subject: Viote on Oct 1st to allow Verizon to put a cell tower in our neighborhood Our name is Jim and Sue Denlinger, we live at 3915 Creston St Dubuque, Iowa 52002. I am asking that you as city council members reconsider your vote to place a cell tower by Verizon in our neighborhood. First of all I am wondering why we did not receive any kind of notice from the City of Dubuque asking for our in put before you as Council members voted on this? That seems that would have been the right thing to do? I have been informed that this 5G small cell transmitter can be harmful to our health and that of our children and grandchildren. I can't believe that you would want one of these towers in your backyard. Because of the health risks are home values could also decrease,because new buyers might not want a cell tower near them. I would think that these towers if needed at all could be put in a different area rather then in a neighborhood. Wouldn't fiber optic cabling be safer and smarter and more reliable then a harmful 5G cell tower? Again we are asking that you reconsider your vote at your next meeting and I think that it is your duty to keep us more informed before you do something like this rather then after. Sincerely Jim and Sue Denlinger Click https://www.mailcontrol.com/sr/Ue45dnX0w3fGX2PQPOmvUjD8rK3oGsFSXAg0G+jhv+rApLu3GczFnwbDRveHzaEPHopS h987b5vunSc2+gYjXA== to report this email as spam. 1 Kevin Firnstahl From:Cori Burbach Sent:Monday, October 08, 2018 9:53 AM To:City Council Cc:Kevin Firnstahl Subject:Citizen correspondence re: 5G cell towers Good morning City Council members, The following message was submitted via WebQA to a City department. We have let the resident know that his/her concern has been passed on to City Council. Please let me know if you have any questions. Thank you, Cori On 10/1/2018 10:39:24 PM, christinalemmon@yahoo.com wrote: Please do not allow 5G cell towers near homes or businesses. We have corn field in Iowa...LOTS of them. Put the toes in corn fields instead of risking so many lives! Email address: christinalemmon@yahoo.com Cori Burbach Assistant City Manager City of Dubuque th 50 W 13 St Dubuque IA 52001 563-589-4110 www.cityofdubuque.org 1 Kevin Firnstahl From:Luis Del Toro Sent:Sunday, October 07, 2018 5:08 PM To:Mike Van Milligen; Kevin Firnstahl Subject:Fw: 5G small cell transmitter locations From: Katrina Wilberding <wilberd@mchsi.com> Sent: Sunday, October 7, 2018 4:33:36 PM To: Roy D. Buol; Luis Del Toro; Ric W. Jones; Kate Larson; David Resnick; Jake A. Rios; Brett Shaw Subject: 5G small cell transmitter locations Dubuque City Council Members: In the past, I have worked with many of you as we have supported and worked with area businesses. I strive to be well- informed and empathetic to both sides of an issue. I have 2 comments about the locations of the new 5G small cell transmitter towers. #1- I was disappointed and angry to learn that residents near one of the proposed locations were given such little notice. We cannot expect participation and support from residents when communication is neither timely nor open. I was happy to see the week’s pause to try to correct this. #2- As long as there is ANY health question, this should not be allowed in residential areas. I have not reviewed all the science on either side of this question. But I have had extensive, nearly life long experience being an exception to what mainstream medical science says is the rule. And I have seen how many times these rules have been adjusted and sometimes reversed. It is important to remember that the earliest science reports are funded by the pockets that expect to be filled. Early anecdotal evidence is often the impetus for further study. Regardless of the science involved, since there is a legitimate concern by affected residents and relocation is only an inconvenience to the business involved, the city should not appear to “regulate” but work with the business to find another location. Katrina Wilberding 563-580-7357 Juggling Hassles since 1989 Click here to report this email as spam. 1 Kevin Firnstahl From:Roy D. Buol Sent:Wednesday, October 10, 2018 6:13 AM To:Mike Van Milligen Subject:Fwd: counter argument FYI Sent from my iPhone Begin forwarded message: From: frank belcastro <fpbelcast@gmail.com> Date: October 9, 2018 at 9:39:31 PM CDT To: "Brett M. Shaw" <bshaw@cityofdubuque.org>, "David T. Resnick" <dresnick@cityofdubuque.org>, "Jake A. Rios" <jrios@cityofdubuque.org>, "Kate M. Larson" <kmlarson@cityofdubuque.org>, Luis Del Toro <ldeltoro@cityofdubuque.org>, "Ric W. Jones" <rjones@cityofdubuque.org>, roy buol <rdbuol@cityofdubuque.org> Subject: counter argument https://www2.gov.bc.ca/gov/content/health/about-bc-s-health-care-system/office-of-the-provincial- health-officer/current-health-topics/radiofrequency-and-health/smart-meter-and-cancer-risk-statement Click here to report this email as spam. 1 1 Kevin Firnstahl From:Luis Del Toro Sent:Thursday, October 11, 2018 11:13 AM To:Mike Van Milligen; Kevin Firnstahl Subject:Fw: 5G tower opposition From: Abigail Tebbe, D.C. <ATebbe@hfwmail.net> Sent: Thursday, October 11, 2018 10:46:20 AM To: Roy D. Buol; Ric W. Jones; David T. Resnick; Brett Shaw; Luis Del Toro; Kate Larson; Jake A. Rios Subject: 5G tower opposition Hello, I am just writing all of you with my concerns for the implementation of the 5G towers in DBQ. • 5G poses greater public health risks than previous generations of wireless technology. ‐‐ Science shown 5G will cause an increase of cancer and other conditions that affect our skin, our eyes, our hearts and our immune systems ‐‐ 5G is scientifically linked to antibiotic resistance in bacteria, which means antibiotic treatments will be less effective ‐‐ Children are most susceptible because their blood‐brain barrier has not been fully developed • Scientists worldwide are calling for a halt to the 5G rollout. In 2017, over 180 scientists and doctors issued a declaration calling for a moratorium on the increase of 5G cell antennas citing human health effects and impacts to wildlife. • There is a safer alternative. Worldwide, many regions invest in safer and smarter fiber optic cabling all the way to each home, rather than antennas in front yards. Wired fiber‐optic connections are safer, faster, more reliable, provide greater capacity, and are more cyber‐secure. • Telecommunications companies are putting their profits above our health. Politically connected telecommunications giants like Verizon say that local regulation isn’t appropriate for small cells and they want to cut local governments’ say in the process. They cite limits put in place by the FCC, but the FCC is staffed by former members of the telecommunications industry. • Our local government is not being transparent or taking these health concerns seriously. The City Council did not give adequate notice to residents before voting to allow installation of a 5G tower in our backyard. They also voted in March to sign a 20‐year contract with Verizon, giving the company power to install “similar towers” at any time, without input or questions from citizens. Thank you for your time and consideration in this matter Dr. Abby Tebbe Health From Within Dubuque 4855 Asbury Rd. Ste. 6 Dubuque Iowa 52001 (563) 556‐6252 (office) (563) 343‐6825 (cell) 1 Kevin Firnstahl From:Luis Del Toro Sent:Wednesday, October 10, 2018 4:56 PM To:Kevin Firnstahl Subject:Fw: 5G Network in Dubuque From: Jade Angelica <jadeangelica@gmail.com> Sent: Wednesday, October 10, 2018 10:46:15 AM To: Roy D. Buol; Brett Shaw; Kate Larson; Jake A. Rios; Luis Del Toro; David T. Resnick; Mike Van Milligen; Ric W. Jones Subject: 5G Network in Dubuque Dear Mayor Buol, Council Members, and Mr. Van Milligan, As a concerned citizen, I am writing to you to voice my objection to the installation of a 5G network in Dubuque. The safety of this type of technology is still unproven, and a vote to confirm a 5G netowrk will be putting all of us at risk. To support this position, I include this 2018 article from the Environmental Working Group. https://www.ewg.org/news‐ and‐analysis/2018/07/despite‐health‐concerns‐fcc‐and‐states‐clear‐way‐next‐generation‐wireless#.W74Ysy_Mzq0 In one of his communications, Councilman Jones stated: “ As a health care professional and as a City Councin Member, I adhere to the primary rule of Medicine: ‘First, do now harm.’ I understand your concerns and fears and I am confident that we are not doing harm.” I’m not sure where this confidence comes from, but I fear it is wrong‐headed. In the Spring, I met with my primary care doctor, Angela Kelley, DO at Dubuque’s Grand River Medical Clinic. I took her an article about how chemicals in the environment are causing all kinds of health problems. Her reply was, “Yes, I know. And the next thing we have topay attention to is reactions to EMFs in the environment.” I was surprised, because I thought I was educating her! But health risks from exposure to technology radiation is something Dubuque doctors are already aware of. And I share my personal experience. In 2015 I spent 3 months in Tulsa, OK, staying with someone who had wifi in her home and working in an office with wifi everywhere. While I was there I experienced tachycardia ‐ a rapid heart rate caused by a problem with the heart’s electrical system. When I came home to my house, where I do not have wifi or a smart phone (my cell phone is a flip phone that I turn on very rarely, such as in the car when I am lost or running late), the tachydardia eventually subsided. In case you don’t already know, as Alliant Energy is preparing to install Smart Meters on homes in Dubuque, they are following the lead of power companies throughout the country; they are giving individual citizens the opportunity to OP‐ Out of having a smart meter installed on our homes. I am already on this OP‐Out list. You also might not know that the town of Fairfield, IA blocked the installation of Smart Meters throughout the entire town. My concern about the installation of a 5G network in Dubuque, especially given the prevalance of the location of the towers, is that you will be taking away the rights of citizens like me who desire to protect ourselves from EMF exposure, and who are responsibly making decisions to do so. If your intention as leaders of the city of Dubuque is honestly to exercise your powers in ways that do no harm to the citizens, voting “no” on this 5G network is the only responsible thing to do. Sincerely, 2 Jade Angelica 775 Groveland Place Dubuque, IA 52001 Rev. Dr. Jade Angelica, MDiv., DMin. Interfaith Spiritual Direction & Alzheimer's Inspiration jadeangelica@gmail.com www.healingmoments.org www.jadeangelica.com 563-582-4724 "Our whole business in this life is to restore to health the eye of the heart whereby God can be seen." ~Augustine of Hippo Click here to report this email as spam. 1 Kevin Firnstahl From:Luis Del Toro Sent:Wednesday, October 10, 2018 5:00 PM To:Kevin Firnstahl; Mike Van Milligen Subject:Fw: 5G at Creston and Rosemont From: Irene Bassler <mindylou6@gmail.com> Sent: Monday, October 8, 2018 11:33:20 AM To: Brett Shaw; David T. Resnick; Jake A. Rios; Kate Larson; Luis Del Toro; Ric W. Jones; Roy D. Buol Subject: 5G at Creston and Rosemont rdbuol@cityofdubuque.org rjones@cityofdubuque.org dresnick@cityofdubuque.org bshaw@cityofdubuque.org ldeltoro@cityofdubuque.org kmlarson@cityofdubuque.org jrios@cityofdubuque.org October 8, 2018 Greetings to all, It has been brought to my attention that the city of Dubuque is in the process of planning the implantation of placing 5G towers in residential neighborhoods, particularly Creston and Rosemont Sts. This peaked my interest since my grandchildren live on Creston St and my husband and I are considering moving back into the city. I also know there is much controversy regarding the safety regarding 5G towers so I decided to do a little of my own research. After much reading of lots of materials both pro and con I have to admit I am very concerned about your decision to place these towers in residential neighborhoods. Why would you place our community, especially our young parents and our young children so close to the potential dangers of 5G? This is not just some concern of a few “overly concerned left winged environmentalists” ‐‐ from my research and understanding this is a concern of worldwide scientists. It doesn’t take much time to research this issue and find all of the information that suggests we must S‐L‐O‐W down and reconsider where we are placing these towers. It is my understanding you have signed a 20 year contract and “can’t get out of it” – but you should be able to decide where to place the towers. I also know enough to know that if I want to place a structure on my property I have to submit in writing my plans and then get permission from not only my neighbors but also the city and the Zoning Board. But you, the city council can just place possible dangerous 5G towers any place you want next to anybody’s property – and not send letters to inform the residents that are closest to the tower – how fair is that? With all due respect I suggest it is not fair to your citizens. I am respectfully asking you to reconsider placing 5G towers in any residential neighborhoods as it may just affect my grandchildren – or yours for that matter. Please review any of the below websites that I reviewed to obtain my information.  https://www.electricsense.com/12399/5g‐radiation‐dangers/  https://www.gemalto.com/mobile/inspired/5G 2  https://www.defendershield.com/5g‐technology‐safe‐emf‐radiation‐emissions  https://www.cbsnews.com/news/5g‐network‐cell‐towers‐raise‐health‐concerns‐for‐some‐residents  https://www.dailymail.co.uk/health/article‐5784487/The‐roll‐5G‐wireless‐service‐massive‐health‐experiment‐public‐ health‐expert‐warns‐a.html  https://www.radiationhealthrisks.com/5g‐cell‐towers‐dangerous/ Sincerely, Mindy Bassler, 13774 Surrey Lane Dubuque IA 52002 Click here to report this email as spam. 1 Kevin Firnstahl From:Luis Del Toro Sent:Wednesday, October 10, 2018 4:58 PM To:Kevin Firnstahl; Mike Van Milligen Subject:Fw: a certain model From: frank belcastro <fpbelcast@gmail.com> Sent: Tuesday, October 9, 2018 9:33:13 PM To: Brett Shaw; David T. Resnick; Jake A. Rios; Kate Larson; Luis Del Toro; Ric W. Jones; Roy D. Buol Subject: a certain model Fear of fire hazard causes removal of thousands of smart meters  https://www.cbc.ca/news/canada/toronto/fear‐of‐fire‐hazard‐causes‐removal‐of‐thousands‐of‐smart‐meters‐ 1.2928314 Click here to report this email as spam. 1 Kevin Firnstahl From:Luis Del Toro Sent:Wednesday, October 10, 2018 4:58 PM To:Kevin Firnstahl; Mike Van Milligen Subject:Fw: studies From: frank belcastro <fpbelcast@gmail.com> Sent: Tuesday, October 9, 2018 9:36:28 PM To: Brett Shaw; David T. Resnick; Jake A. Rios; Kate Larson; Luis Del Toro; Ric W. Jones; Roy D. Buol Subject: studies http://emfsafetynetwork.org/smart‐meters/ Click here to report this email as spam. 1 Kevin Firnstahl From:Luis Del Toro Sent:Wednesday, October 10, 2018 4:58 PM To:Kevin Firnstahl; Mike Van Milligen Subject:Fw: counter argument From: frank belcastro <fpbelcast@gmail.com> Sent: Tuesday, October 9, 2018 9:39:31 PM To: Brett Shaw; David T. Resnick; Jake A. Rios; Kate Larson; Luis Del Toro; Ric W. Jones; Roy D. Buol Subject: counter argument https://www2.gov.bc.ca/gov/content/health/about‐bc‐s‐health‐care‐system/office‐of‐the‐provincial‐health‐ officer/current‐health‐topics/radiofrequency‐and‐health/smart‐meter‐and‐cancer‐risk‐statement Click here to report this email as spam. 1 Kevin Firnstahl From:Luis Del Toro Sent:Wednesday, October 10, 2018 4:59 PM To:Kevin Firnstahl; Mike Van Milligen Subject:Fw: scholarly article From: frank belcastro <fpbelcast@gmail.com> Sent: Tuesday, October 9, 2018 9:27:30 PM To: Brett Shaw; David T. Resnick; Jake A. Rios; Kate Larson; Luis Del Toro; Ric W. Jones; Roy D. Buol Subject: scholarly article https://www.computer.org/csdl/mags/sp/2009/03/msp2009030075‐abs.html Click here to report this email as spam. 1 Kevin Firnstahl From:Luis Del Toro Sent:Wednesday, October 10, 2018 4:59 PM To:Mike Van Milligen; Kevin Firnstahl Subject:Fw: smart meter privacy concerns From: frank belcastro <fpbelcast@gmail.com> Sent: Tuesday, October 9, 2018 9:26:04 PM To: Brett Shaw; David T. Resnick; Jake A. Rios; Kate Larson; Luis Del Toro; Ric W. Jones; Roy D. Buol Subject: smart meter privacy concerns https://smartgridawareness.org/privacy-and-data-security/how-smart-meters-invade-individual- privacy/ The principal privacy and security concerns surrounding installation of residential smart meters are (1) smart meters will reveal the activities of people inside of a home by measuring their electricity, gas, or water usage frequently over time, and (2) that inadequate cyber security measures surrounding the digital transmission of smart meter data will expose it to misuse by authorized and unauthorized users of the data. More specifically, the Electronic Privacy Information Center (EPIC), a non-profit group, has listed on its website the following potential privacy consequences of smart grid and smart meter systems: Click here to report this email as spam. 1 Kevin Firnstahl From:Luis Del Toro Sent:Wednesday, October 10, 2018 4:55 PM To:Kevin Firnstahl; Mike Van Milligen Subject:Fw: 5G tower From: Mgindorf <mgindorff@aol.com> Sent: Wednesday, October 10, 2018 12:31:37 PM To: Luis Del Toro Subject: 5G tower Please reconsider the vote to bring 5G towers to Dubuque. More studies need to be done about it’s dangers. Sincerely, Margie Gindorff Sent from my iPhone Click https://www.mailcontrol.com/sr/53fRYcBc!!rGX2PQPOmvUgfUspOYWKRbHaFCxT5j1jjq8QDCoJKg3nyZII05oOW231qvvy XL5RMhR!AbTPK7tQ== to report this email as spam. 1 Kevin Firnstahl From:Luis Del Toro Sent:Wednesday, October 10, 2018 4:55 PM To:Kevin Firnstahl; Mike Van Milligen Subject:Fw: 5G CELL TOWER AT THE INTERSECTION OF CRESTON/ROSEMONT- OPPOSE From: Karin Harbin <karin@x‐grain.com> Sent: Wednesday, October 3, 2018 8:44:01 AM To: Roy D. Buol; Ric W. Jones; David T. Resnick; Brett Shaw; Luis Del Toro; Kate Larson; Jake A. Rios Subject: 5G CELL TOWER AT THE INTERSECTION OF CRESTON/ROSEMONT‐ OPPOSE My name is Karin Harbin and I live at 1805 Rosemont St. here in Dubuque. It has been brought to my attention that there is an approved 5G Cellphone Transmitter that is going to be installed on the corner of Creston and MY Street of Rosemont. I am in opposition to this being installed in a residential neighbor, especially mine. As residents, we were not notified DIRECTLY that this was up for approval and should have been. I certainly respect the fact that we all want faster and better internet/cell service but certainly I am not willing to put my family’s health at risk to do so. Yes, there has been testing done that says it is safe‐ but it is my understanding that most of those tests that were done to get this technology approved was not done by independent consultants and is biased. I understand by the sounds of it that these 5G Transmitters will be installed in our community. However, PLEASE consider moving this cell transmitter out of residential areas which will better limit our exposure to this potentially harmful effects of this new and stronger technology. I do plan to do some additional research on this, my family and my neighbors do not wish to be the guinea pigs for “trying this out” in our community. I appreciate your consideration of this change of its location. Thank you! Karin Harbin Click here to report this email as spam. 1 Kevin Firnstahl From:Luis Del Toro Sent:Wednesday, October 10, 2018 4:57 PM To:Kevin Firnstahl; Mike Van Milligen Subject:Fw: Installation of 5G transmitter at Creston/Rosemont From: jerry hermsen <jk29hermsen@gmail.com> Sent: Monday, October 8, 2018 12:23:09 PM To: rdbual@cityofdubuque.org; Ric W. Jones; David T. Resnick; Brett Shaw; Luis Del Toro; kmalarson@cityofdubuque.org; Jake A. Rios Subject: Installation of 5G transmitter at Creston/Rosemont Dear council members, We are writing you to express our concern about your recent vote to allow installation of the 5G transmitter on the corner of Creston/Rosemont street. We live at 3860 Creston St. and we are concerned about the possible health risk with this new technology. We are also disappointed that we were not informed about this installation before your vote. We ask that you each reconsider your vote to place this cell tower in our neighborhood. Thank you for your time and your willingness to serve on the city council. Sincerely, Jerry and Kris Hermsen Click here to report this email as spam. 1 Kevin Firnstahl From:Luis Del Toro Sent:Wednesday, October 10, 2018 4:45 PM To:Kevin Firnstahl; Mike Van Milligen Subject:Fw: 5g transmitter Rosemont st From: Rudiger, Sue <SRudiger@medline.com> Sent: Wednesday, October 10, 2018 4:26:37 PM To: Roy D. Buol; Ric W. Jones; David T. Resnick; Brett Shaw; Luis Del Toro; Kate Larson; Jake A. Rios Subject: 5g transmitter Rosemont st I live at 1784 Rosemont St and it has been brought to my attention that a 5g transmitter will be installed at the corner of Creston and Rosemont St. This is just a few houses down from my family and at first I wasn’t concerned until I did some reading up on it. I have been in this Neighborhood for 18 years and I have seen a lot of families come and go and recently with great joy I have seen a lot of new families moving in. Ones that are recently married and expecting children, Ones with young Children and ones that have young grandchildren. Of what I have read, these towers can be very dangerous and create many health risks with lengthy exposure. Once the 5g is installed we as residents have no say towards the upgrades to 6g, 7g for a period of twenty years. I honestly think if this 5g transmitter is as dangerous as I have read, I am a little disappointed that this was approved to be installed without our knowledge. Not only would it put us in the neighborhood at risk but the fact that there is a school in that same area that can expose hundreds of kids to the many health risks. I am sure with today’s technology, there is a safer alternative. Since I have lived in my home, I have dealt with high school kids parking in my driveway, high school kids sitting on my front steps and incredible amounts of garbage in my yard. The neighborhood came together and we were able to make our street a permit parking street and all that went away. Then I dealt with the endless days and nights of the new construction of Hempstead in my backyard. One night included concrete being cut at 11:00 pm. I was patient and dealt with the noise and have even learned to accept the giant bright lights in my backyard, but to be honest with you this really scares me. I don’t want my family and the people I love in this neighborhood to be at risk of any health problems. I hope you will take our little community in to consideration and reverse the vote. Thank you for your time, Sue Rudiger Account Service Rep Medline Industries, Inc. www.medline.com 866‐497‐0655 Ext.6368636 (Phone) 866‐341‐6757 (Fax) 800‐351‐1512 (Fax Orders) srudiger@medline.com 1 Kevin Firnstahl From:Luis Del Toro Sent:Wednesday, October 10, 2018 4:56 PM To:Kevin Firnstahl Subject:Fw: Concern regarding the installation of 5G cell transmitters for the city From: Coni Stephenson <coni.stephenson@gmail.com> Sent: Tuesday, October 9, 2018 9:27:09 PM To: Roy D. Buol; Ric W. Jones; David T. Resnick; Brett Shaw; Luis Del Toro; Kate Larson; Jake A. Rios Subject: Concern regarding the installation of 5G cell transmitters for the city Dear Mayor Buol and Council Members, I feel a great need to share my concern about the planned installation of the 5G cell transmitters for our city. I am a nurse for 38 years and also live with the diagnosis of MS. I have worked for the last 8 years to avoid toxins and anything that could cause worsening of my MS. I have read the information provided by both sides of this situation and I feel as our mayor and council that you need to strongly reconsider the installation of these transmitters in our neighborhoods, potentially causing unnecessary illness for the people of our city. While the initial installation is not in my neighborhood, if you move ahead with this, it will eventually be coming to all our neighborhoods, with many people having no idea of their potentially ill effects. Information indicates that letters calling for a moratorium on 5g technology have been submitted by doctors and professors from around the world to various lawmakers urging that this technology has very real potential dangers and should not be rushed into implementation. I feel until you have reviewed all the information for all the potential side effects that again could make our city and the people in the neighborhoods of installation ill, that you consider an appeal or a re-vote prior to the 10/15/18 Council Meeting. This could be to get the tower moved to an area away from our neighborhoods. I am asking you this as a nurse and a citizen of Dubuque, that you have been voted in to improve and protect our city. Sincerely, Coni Stephenson 645 Duggan Dr., Unit B Dubuque, IA 52003 coni.stephenson@gmail.com Ph: 563-599-6572. Click here to report this email as spam. 1 Kevin Firnstahl From:Luis Del Toro Sent:Thursday, October 11, 2018 8:43 PM To:Kevin Firnstahl; Mike Van Milligen Subject:Fw: Halt 5G From: Julie Haufe <jhaufe@stateraintegrated.com> Sent: Thursday, October 11, 2018 7:28:01 PM To: bshaw@cotyofdubuque.org; David T. Resnick; Jake A. Rios; Kate Larson; Luis Del Toro; Roy D. Buol; Ric W. Jones Subject: Halt 5G Please vote no on 5G until more is known about its effect on humans and our environment. Scientist and doctors are concerned with this type of EMF increasing health risks. We do not need to create quicker data streaming at the risk of health to pregnant women, infants, children or anyone! Dubuque is a city maintaining beauty, history, and wildlife riverfront. It should be a clean city‐ including frequencies. Please consider what is best for Dubuque residents and it’s visitors! Thank you for your consideration in voting NO against 5G in Dubuque. Sent from my iPhone ‐‐ Julie Haufe, LMT Email Confidentiality Notice: The information contained in this transmission is privileged and confidential and/or protected health information (PHI) and may be subject to protection under the law, including the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA). This transmission is intended for the sole use of the individual or entity to whom it is addressed. If you are not the intended recipient, you are notified that any use, dissemination, distribution, printing or copying of this transmission is strictly prohibited and may subject you to criminal or civil penalties. If you have received this transmission in error, please contact the sender immediately by replying to this email and deleting this email and any attachments from any computer. Click here to report this email as spam. 1 Kevin Firnstahl From:Luis Del Toro Sent:Thursday, October 11, 2018 4:36 PM To:Mike Van Milligen; Kevin Firnstahl Subject:Fwd: 5G Technology Sent from my iPad Begin forwarded message: From: Angie Sorrell <iamangie70@me.com> Date: October 11, 2018 at 2:02:20 PM CDT To: rdbuol@cityofdubuque.org, rjones@cityofdubuque.org, dresnick@cityofdubuque.org, bshaw@cityofdubuque.org, ldeltoro@cityofdubuque.org, kmlarson@cityofdubuque.org, jrios@cityofdubuque.org Subject: 5G Technology To whom it may concern, I would like to request that you reconsider your vote concerning 5G installation in Dubuque and revote at your next meeting on October 15th. This technology is not safe and has been shown to contribute to enormous cancer growth. The industry science is “inconclusive,” however, the independent science tells us it is dangerous. Industry science is almost always skewed in order to make profit. I think the citizens of Dubuque, the visitors and/or workers of Dubuque deserve better. Will the city of Dubuque be paying citizens medical bills when they become ill from this 5G technology? How many lawsuits will be filed? Are you willing to risk your family’s health and would you put one of these towers in your front yard? I feel that we have more than enough EMF emitting, cancer causing, mental health impacting technology today with all of the cell phone towers, WiFI, smart meters, etc., do we really need to add more to an already toxic environment? https://mdsafetech.org/5g‐telecommunications‐science/ https://www.5gspaceappeal.org/the‐appeal https://sanfrancisco.cbslocal.com/2018/01/25/consumerwatch‐5g‐cellphone‐towers‐signal‐renewed‐ concerns‐over‐impacts‐on‐health/ https://arstechnica.com/tech‐policy/2018/10/cities‐will‐sue‐fcc‐to‐stop‐2‐billion‐giveaway‐to‐wireless‐ carriers/ Mr Jones stated during the last city council meeting that the radiation from the 5G towers won’t be harmful because it is not the ionizing kind. However, the science shows that non‐ionizing radiation has been found to be harmful for people even without heating (thermal) effects and that besides harming people’s health, it is also been found to be harmful to bees and other beneficial insects. 2 I don’t currently reside within the city of Dubuque, but will no longer bring my weekly business to Dubuque if these dangerous 5G towers are installed. I currently have a choice to avoid putting my family in harms way by no longer visiting the city of Dubuque, but it doesn’t seem as though the citizens of Dubuque are being given that option. Citizen’s wellbeing should come first, without citizens there is no business to be had. Thank you, Angie Sorrell Dyersville resident Click here to report this email as spam. 1 Kevin Firnstahl From:Luis Del Toro Sent:Thursday, October 11, 2018 8:44 PM To:Kevin Firnstahl; Mike Van Milligen Subject:Fw: Implementation of 5G From: Thomas Weitz <icancanoe@hotmail.com> Sent: Thursday, October 11, 2018 8:18:45 PM To: Roy D. Buol; Ric W. Jones; David T. Resnick; Brett Shaw; Luis Del Toro; jrois@cityofdubuque.org; Kate Larson Subject: Implementation of 5G Dear Mayor and Dubuque City Council Members, Please reconsider your decision to implement 5G. Yes, I am an "Alarmist" and for good reasons: • 5G poses greater public health risks than previous generations of wireless technology. ‐‐ Science shown 5G will cause an increase of cancer and other conditions that affect our skin, our eyes, our hearts and our immune systems ‐‐ 5G is scientifically linked to antibiotic resistance in bacteria, which means antibiotic treatments will be less effective ‐‐ Children are most susceptible because their blood‐brain barrier has not been fully developed • Scientists worldwide are calling for a halt to the 5G rollout. In 2017, over 180 scientists and doctors issued a declaration calling for a moratorium on the increase of 5G cell antennas citing human health effects and impacts to wildlife. • Decreased property values. Studies show property values drop up to 20% on homes near cell towers. Would you buy a home with a mini cell tower in the yard? • There is a safer alternative. Worldwide, many regions invest in safer and smarter fiber optic cabling all the way to each home, rather than antennas in front yards. Wired fiber‐optic connections are safer, faster, more reliable, provide greater capacity, and are more cyber‐secure. • Telecommunications companies are putting their profits above our health. Politically connected telecommunications giants like Verizon say that local regulation isn’t appropriate for small cells and they want to cut local governments’ say in the process. They cite limits put in place by the FCC, but the FCC is staffed by former members of the telecommunications industry. • Please be transparent and take these health concerns seriously. The residents of Dubuque deserve adequate notice and FULL DISCLOSURE of potential risks before a vote to allow installation of a 5G tower in our backyards. Please consider the following for additional research and keep mindful of the fact that over 75% of the non‐ industry studies show potential harm: https://www.bioinitiative.org/ 2 BioInitiative Report: A Rationale for a Biologically‐based ... An international working group of scientists, researchers and public health policy professionals (The BioInitiative Working Group) has released its report on electromagnetic fields (EMF) and health. They document serious scientific concerns about current limits regulating how much EMF is allowable from power lines, cell phones, and many other sources of EMF exposure in daily life. www.bioinitiative.org https://www.powerwatch.org.uk/ Powerwatch ‐ Home Powerwatch is a small non‐profit independent organisation with a central role in the UK EMF and Microwave Radiation health debate. We work with other like‐minded groups and with decision‐makers in government and business, promoting policies for a safer environment. www.powerwatch.org.uk https://www.emf‐portal.org/en EMF‐Portal | Home The internet information platform EMF‐Portal of the RWTH Aachen University summarizes systematically scientific research data on the effects of electromagnetic fields (EMF). www.emf‐portal.org http://www.justproveit.net/studies Studies | Prove‐It You may review the more than 5000 studies listed in these documents plus the searchable database below: www.justproveit.net It's one thing to be progressive and ahead of the curve, but not at the expense of the very lives you have been elected to serve. You cannot, MUST NOT, take this decision lightly and in haste without doing your due diligence. 3 Best regards, Tom Weitz, CHC 830 Kelly Lane Click here to report this email as spam. Kevin Firnstahl From:Citizen Support Center <dubuqueia@mycusthelp.net> Sent:Monday, October 15, 2018 10:11 PM To:Kevin Firnstahl Subject:"Contact Us" inquiry from City of Dubuque website Contact Us Name: kate stierman Address: 3375 ARROWWOOD LANE Ward: Phone: 5635909464 Email: kate_stierman@hotmail.com City Department: City Council Message: Council, I am in absolute disbelief that the sidewalks on JFK have failed. Unfortunately, I was at my daughter's conferences tonight and was not able to attend the discussion. Our family lives on Arrowwood Lane. For those of you who voted against this project, can you tell me, how would you have my 6 year old walk to school? We're too close for a bus. Our options for walking would be on 32nd street or on JFK, both without sidewalks. Our kids have gone to Eisenhower for 7 years, I've calculated at 50-cents a mile, I've invested about $3,400 into driving them so they stay safe. I'm lucky though. You see, I'm self employed, I work my schedule around my kids' school schedules and we have the means to drive them and keep them safe. What about the families in low income housing who are so dependent on walking these areas to access basic necessities like food that they have literally beaten a path into these yards? Where is the concern for them? I see them daily. Maybe they didn't all have the connections, time or means to show up tonight and advocate for themselves. If they're walking those roads to access groceries, I doubt getting downtown is accessible. Calling a safe place to walk an "amenity" is beyond insensitive, especially for those who walk to get food, we're not talking about tennis courts here. I think Dubuque citizens have a right to not risk getting hit by a car when walking to school or to get groceries. It's a pity that we don't take safety more seriously. It's a pity that a small few were able to block something that is so blatantly and desperately needed. I can tell you our neighborhood has taken note of tonight's outcome and the name of our ward representative for our next ballots. In the meantime, I seriously hope no one is injured or killed as a result of tonight's negligence. Kate Stierman Click here to report this email as spam. 1 Kevin Firnstahl From:Roy D. Buol Sent:Sunday, October 07, 2018 3:34 PM To:Mike Van Milligen Subject:Fwd: 5G service is coming – and so are health concerns over the towers that support it - CBS News Sent from my iPhone Begin forwarded message: From: David Burrows <dburrows@shaffer-burrows.com> Date: October 6, 2018 at 7:34:44 PM CDT To: rdbuol@cityofdubuque.org, rjones@cityofdubuque.org, dresnick@cityofdubuque.org, bshaw@cityofdubuque.org, ldeltoro@cityofdubuque.org, kmlarson@cityofdubuque.org, jrios@cityofdubuqe.org Subject: 5G service is coming – and so are health concerns over the towers that support it - CBS News 5G service is coming – and so are health concerns over the towers that support it CBS News The wireless industry is in a race to roll out 5G service. The network is supposed to be up to 100 times faster than current data speeds, but it requires cellphone tower equipment to be closer to users than before. Wireless companies in the U.S. say they'll have to install about 300,000 new antennas – roughly equal to the total number of cell towers built over the past three decades. That's causing outrage and alarm in some neighborhoods, as antennas go up around homes. The linke d imag e cann ot … AT&T says it will try to use existing infrastructure, like street lights, to install the new antennae required for 5G service. CBS News At a lab in New York, Verizon invited CBS News' Tony Dokoupil to meet some of the entrepreneurs developing tools to run on the next generation of wireless technology. Jonathan Reeves, the CEO of Arvizio, said 5G service is extremely 1 important to his company's mission. His product allows users in different locations to interact with 3D images projected through a lens. "Today, we can do this using Wi-Fi technology, and we can do it using landline technology. But of course you're then tied to particular locations. With 5G, now we can begin to extend this. So we can actually begin to start doing this on building sites. We can start doing it on the factory floor. So it really opens up a whole new world," Reeves said. But before that world can become reality, this one needs to change. 5G requires the installation of new equipment across the U.S. Every wireless company is working to build its own 5G network. The linke d imag e cann ot … Melissa Arnoldi, president of technology and operations for AT&T CBS News Melissa Arnoldi, who leads AT&T's efforts, said if it's not already in your neighborhood, it's coming. She said 5G uses high-frequency waves that support faster speeds but don't travel as far as current wireless frequencies. So instead of relying on large cellphone towers spread far apart, they need "small cell" sites that are much closer together. "We're going to use our existing infrastructure today. Whether it's light poles, whether it's street lights. So we're going to make sure that we don't make it obtrusive to our customers and to the citizens," Arnoldi said. Yet some don't share the enthusiasm. "The cell towers are called small cell towers, but they are not so small when they are in your front yard," said Donna Baron. She is protesting plans to convert light poles in her Montgomery County, Maryland, neighborhood into small cell sites. "This will cause cancer," Baron said. She was one of several people who raised health concerns about the radiation emitted by the equipment at a government hearing last month. Cell phone equipment does emit radiation but research on its health effects has been inconsistent. According to the National Cancer Institute, "A limited number of 2 studies have shown some evidence of statistical association of cell phone use and brain tumor risks… but most studies have found no association." The linke d imag e cann ot … CBS News If Baron loses the fight, she said she'll consider moving. Either way, she fears property values could plummet when 5G equipment pops up. "It could drop 20 percent," she said. "For that house, that house, that house. And then pretty soon you go around the curb and there's another cell tower. They're all through this neighborhood. So it's going to devastate the neighborhood." Arnoldi insists her workers are focused on safety, pointing out they live and work near this equipment, too. Although she doesn't have any 5G antennae in her neighborhood yet, she said it's coming soon and she's "absolutely" comfortable with that. Wireless carriers have announced plans to roll out 5G service to a handful of cities later this year. But to really take advantage, you'll need a 5G-enabled device, which probably won't be available until next year. Sent from my iPad Click here to report this email as spam. 3 Kevin Firnstahl From:Mike Van Milligen Sent:Sunday, November 04, 2018 7:26 AM To:Kevin Firnstahl Subject:FW: Why 5G cell towers could affect your health | Komando.com Attachments:Fwd: Why 5G cell towers could affect your health | Komando.com 1 Kevin Firnstahl From:Roy D. Buol Sent:Sunday, October 07, 2018 3:33 PM To:Mike Van Milligen Subject:Fwd: California Community Mounts a Fight Against 5G Infrastructure Sent from my iPhone Begin forwarded message: From: David Burrows <dburrows@shaffer-burrows.com> Date: October 6, 2018 at 7:37:02 PM CDT To: rdbuol@cityofdubuque.org, rjones@cityofdubuque.org, ldeltoro@cityofdubuque.org, kmlarson@cityofdubuque.org, jrios@cityofdubuqe.org, dresnick@cityofdubuque.org, bshaw@cityofdubuque.org Subject: California Community Mounts a Fight Against 5G Infrastructure California Community Mounts a Fight Against 5G Infrastructure Residents in San Rafael have launched a pre-emptive effort to prevent telecoms from installing small cell antennas throughout the city. by Keri Brenner, The Marin Independent Journal / August 22, 2018 1 Small cell antenna installations, similar to this one, are becoming increasingly popular in cities across the country. Shutterstock/kriang phromphim (TNS) — San Rafael residents have launched a campaign to block cellphone companies from attempting to build 5G towers in Marin. The 5G towers, which would allow for faster and higher-capacity video streaming and other transmissions, could exacerbate health symptoms already suspected as a result of exposure to electromagnetic fields, Vicki Sievers, of the EMF Safety Network, told the San Rafael City Council on Monday. 2 According to the EMF Safety Network website, those symptoms can include fatigue, headaches, sleep problems, anxiety, heart problems, learning and memory disorders, ringing in the ears and increased cancer risk. “We’ve experienced 2G, 3G, 4G and now, on the horizon, is a fifth generation called millimeter wave technology,” Sievers said after her presentation that brought standing applause from about 20 people at the packed meeting. “Around the world, doctors and scientists are gravely alarmed about the biological and physiological effects of that technology.” Sievers said no permits for 5G so-called “small cell” towers have been issued in Marin as of yet — though they have in other Bay Area cities — and she suspects they are being planned in San Rafael and Marin. “\[We want\] amendments to the current telecommunications ordinance — which has not been reviewed since 2004 — that protect residential areas, schools and parks through setbacks and attention to power profiles,” Sievers said in an email Tuesday. According to Sievers, San Anselmo, Fairfax and Mill Valley are working on strengthening their cell tower ordinances. “Our effort has to do with making pre-emptive strikes before Verizon, AT&T \[and others\] actually make formal applications to each town and city,” Sievers said. “There are no applications in San Rafael to date, but there surely have been permits granted and installations begun in other Bay Area cities.” In May, Verizon was forced to withdraw its application to build two “small cell” towers in Sebastopol after four months of heavy opposition by residents and attorneys for the EMF Safety Network. “Several of us San Rafael residents went to the (San Rafael) council on Feb. 20 (when the Sebastopol issue arose), urging them to prevent such debacles here,” Sievers said. San Rafael Mayor Gary Phillips said Tuesday he was not aware of any ongoing activity to strengthen or upgrade cell tower regulations in the city and there were no immediate plans for further discussion. “It kind of came a little bit out of the blue,” he said of Monday’s presentation. 3 EMFs include wireless radiation emitted by cell towers, cell and cordless phones, smart meters, smart grid, Wi-Fi and computers, power lines, fluorescent lights, indoor wiring and other electronic devices, according to the EMF Safety Network. According to the U.S. Centers for Disease Control and Prevention, the jury is still out on the health risks of exposure to EMFs. “Studies have shown that some workers exposed to high magnetic fields have increased cancer rates,” the CDC reported on its website. “But such associations do not necessarily show that EMF exposures cause cancer (any more than the springtime association of robins and daffodils shows that one causes the other). Scientists have looked carefully at all the EMF evidence, but they disagree about the health effects of EMFs except to say that better information is needed.” According to the website whatis5g.info, the 5G “small cell” tower “will include the higher millimeter wave frequencies never before used for internet and communications technology. These waves do not travel easily through buildings so 5G will require millions of new cell towers. The wireless telecom industry is aggressively seeking to outfit nearly every lamppost and utility pole around the country with a wireless ‘small cell’ antenna beaming hazardous radiation next to, or into our homes, 24/7.” San Rafael resident Chandu Vyas said Monday he is wary of EMFs after a health challenge about five years ago. He said he developed severe and constant headaches after a smart meter was installed at his home. The headaches went away after he “opted out” and had the smart meter at his property removed. “I don’t want to go through the same health problem again,” he told the City Council. “I ask your help.” Kiah Bosy of Chi Home Design showed the council how her EMF meters ratcheted up to high pitch when she walked toward a TV screen in front of the council chambers. “It’s serious,” she said. “We’re microwaving each other.” ©2018 The Marin Independent Journal (Novato, Calif.) Distributed by Tribune Content Agency, LLC. 5G Stories Mapped by City and State 4 See the big picture of how government agencies are utilizing 5G by exploring our Government Technology editorial database geographically visualized by location and date. MORE FROM Network SPONSORED ARTICLES Sent from my iPad Click here to report this email as spam. 5 Kevin Firnstahl From:Roy D. Buol Sent:Sunday, October 07, 2018 3:32 PM To:Mike Van Milligen Subject:Fwd: 5G Tower Sent from my iPhone Begin forwarded message: From: Foust History <brendafoust@gmail.com> Date: October 7, 2018 at 2:01:19 PM CDT To: rdbuol@cityofdubuque.org, rjones@cityofdubuque.org, dresnick@cityofdubuque.org, bshaw@cityofdubuque.org, kmlarson@cityofdubuque.org, jrios@cityofdubuque.org Subject: 5G Tower Good afternoon fellow citizens, As an educator at Hempstead High School and a concerned citizen, I feel compelled to share my disappointment when I learned that a 5G tower will be erected close to school and in a neighborhood setting. Since radiation can be emitted up to several hundred feet and over 180 scientists called for a moratorium on the these towers in 2017, I would like you to reconsider this action. There are almost 2,000 citizens at Hempstead High School when one considers students and staff. I am hopeful that you reconsider the placement of this tower and the impact it has on young, developing minds. This new technology needs to be managed with care and I do not feel a school or neighborhood setting is most appropriate. Thank you in advance for seriously considering my concerns, Brenda Foust -- Brenda Foust Twitter: @brendafoust Instagram: brendafoust Go Do Something Amazing! Click here to report this email as spam. 1