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Proposed Master Agreement and Intent to Dispose of Property to ICN, 1515 W. 3rd Street_Initiate Copyrighted March 18, 2019 City of Dubuque Items to be set for Public Hearing # 1. ITEM TITLE: Proposed MasterAgreementand Intentto Disposeofan I nterest in Real Property Owned by the City of Dubuque by Lease Agreement between the City of Dubuque and the State of lowa, Telecommunications and Technology Commission. SUMMARY: City Manager recommending that the City Council set a public hearing for April 1 , 2019, on the MasterAgreement for Shared Use Projects and Lease Agreement for space within a City telecommunications facility located at 1515 W. 3rd Street between the City and the State of lowa, Telecommunications and Technology Commission, operating as the lowa Communications Network(ICN). RESOLUTION of Intent to dispose of an interest in real property owned by the City of Dubuque by leases between the City of Dubuque, lowa and the lowa Communications and Technology Commission SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing forApril 1 , 2019 ATTACHMENTS: Description Type Communications and Technology Commission Lease- City Manager Memo MVM Memo Proposed MSA and Lease City of DBQ and ICN Staff Memo Memo to the City Manager MSA and Lease Agreement between the City of Dubuque and the lowa Communications and Supporting Documentation Technology Commission (ICN) Resolution Requesting Public Hearing for Intentto Resolutions Dispose of Real properly by Lease ICN THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Proposed Master Agreement for Shared Use Projects and Intent to Dispose of an Interest in Real Property Owned by the City of Dubuque by Lease Agreement between the City of Dubuque and the lowa Communications and Technology Commission (ICN) DATE: March 12, 2019 Information Services Manager Chris Kohlmann, Civil Engineer II Dave Ness and Sustainable Innovation Consultant Dave Lyons recommend the City Council set a public hearing for April 1 , 2019, on the Master Agreement for Shared Use Projects and Lease Agreement for space within a City telecommunications facility located at 1515 W. 3�a Street between the City and the State of lowa, Telecommunications and Technology Commission, operating as the lowa Communications Network. I concur with the recommendation and respectfully request Mayor and City Council approval. ��JV'vr�"\ �Gtn.r //��{/L�t� 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 Dave Ness, Civil Engineer II David Lyons, Sustainable Innovation Consultant 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 Dave Ness, Civil Engineer II David Lyons, Sustainable Innovation Consultant SUBJECT: Proposed Master Agreement for Shared Use Projects and Intent to Dispose of an Interest in Real Property Owned By The City Of Dubuque By Lease Agreement between the City of Dubuque and the lowa Communications and Technology Commission (ICN) DATE: March 11 , 2019 INTRODUCTION The purpose of this memo is to request approval of a Master Agreement for Shared Use Projects and a Lease Agreement for space within a City telecommunications facility located at 1515 W. 3�d Street between the City and the State of lowa, Telecommunications and Technology Commission operating as the lowa Communications Network (collectively the "ICN") BACKGROUND The ICN is authorized by lowa Code Chapter 8D to operate a communications network in the State of lowa to meet the broadband needs of education, government, public safety, healthcare and other statutorily defined entities. The ICN has previously leased space at a telecommunication's "huY' located within the grounds of the 3�d Street water tower. The ICN lease has lapsed and needs to be renewed. In addition, the ICN has expressed interest in collaborating with the City of Dubuque to share broadband infrastructure, similar to the existing Master Agreements the City has entered into with private broadband carriers. DISCUSSION In 2016 the City of Dubuque undertook its Broadband Acceleration Initiative. The Initiative focuses on public/private collaborations and includes a comprehensive strategy to reduce the cost and time required for broadband expansions in Dubuque. One effort within that strategy is the use of"Master Sharing Agreements", where an overall legal, structural and financial relationship is established between the City and broadband providers and approved by City Council for co-location and fiber optic and conduit builds. While the ICN may only serve a statutorily designated set of clients, assisting the ICN in reducing costs and accelerating access, while preserving City right- of-way, is consistent with the overall strategy of the City's Initiative. The first "shared use" undertaking is attached to the Master Agreement as Exhibit C and is a lease of space within an existing City facility. Pursuant to the terms of the proposed Lease, the City would provide continued use of the facility to ICN and ICN would provide the City with broadband capacity (estimated value of$1 ,057.50 per month), waive associated fees and allow the ICN's backup generator to provide emergency power to the City equipment now being co-located at that facility. BUDGETIMPACT Approval of this request would have a positive budgetary impact to the City. Presently the City receives an annual lease payment of$300.00 from the ICN. The annual value of the new lease in broadband services, power and backup power is estimated at $19,200.00. Additionally, the approval of the Master Agreement for Shared Use Projects would allow the City and ICN to more easily enter into future collaborations. ACTION REQUESTED Please review this Memo, attached Agreement and Lease. We would respectfully request your approval of the Master Agreement for Shared Use Projects and request a public hearing 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 the ICN through adoption of the enclosed resolution. Thank you. CC Crenna Brumwell, City Attorney Steve Brown, Engineering Denise Irhig, Water Department Manager Barry Lindahl, Senior Counsel 2 Prepared by Barry A. Linda!, Esq. 300 Main St., Ste. 330, Dubuque IA 52001-6944, 563-583-4113 Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 99-19 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASES BETWEEN THE CITY OF DUBUQUE, IOWA AND THE IOWA COMMUNICATIONS AND TECHNOLOGY COMMISSION (ICN) Whereas, the City of Dubuque, Iowa (City) is the owner of the real property described as follows: That part of Lot 2 of Finley Home Addition No. 2 in the City of Dubuque, Dubuque County, Iowa, shown on Exhibit A, on which is located a 20 ft. x 20 ft. wooden -frame construction building (locally known as1515 W. 3rd Street) (the Leased Premises) ; and Whereas, City and the ICN intend to enter into a Master Lease Agreement dated March 11, 2019 (the Agreement), which grants the ICN the right to lease certain City property for the purposes and subject to the conditions set forth in the Agreement; and Whereas, the ICN desires to lease certain spaces on and within the Leased Premises; and Whereas, City and ICN have tentatively agreed to the Lease, attached hereto; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to approve the Lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 031219ba1 Section 1. The City of Dubuque intends to dispose of its interest in the Leased Premises by Lease between City and ICN. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code 364.7 of a public hearing on the City's intent to dispose of its interest in the Leased Premises by Lease Supplements, to be held on the 1St day of April 2019, at 6:00 o'clock p.m. at the Historic Federal Building, Council Chambers, 350 W. 6th Street, Dubuque,Iowa. Passed, approved and adopted this 18th day of March 2019. Attest: Kevin. Firnstahl, CM', City Clerk F:\Users\tsteckle\Lindahl\Resolutions\ICN_IntentToDispose-SetPublicHearing_031819.docx 2 Roy D. Buol, Mayor EXHIBIT A •THE LEASED PREMISES 3 ,A►GREEfVIENT 17-121 IVI/aSTER AGREEIVIENT FOR SHARIED USE PROJECTS THIS AGREEMENT is made by and between �he Sfiate of lowa, lowa Telecommunications and Technology Commission operating the lowa Communications Network, (collectively the "ICN") and the City of Dubuque, lowa ("City"), a municipal corporafiion organized and existing under the laws of the State of lowa. ICN and City may also be refierred fio as the"Parties" or"Party" as the context allows. In, consideration of the mutual covenanfis contained in this Agreement, the sufficiency of which is acknowledged, the parties agree as follows: This Agreement sets forth the initial terms and conditions which will apply fio the ICN and City relating to the shared installation, use, and maintenance ofi communications facilifiies and services wifihin the City of Dubuque, I owa. SECTION 1. IDENTITY OF THE PARTIES. 1.1 The lowa Telecommunica�ions and Technology Commission operating the lowa Communications Network is authorized by lowa Code Chapter 8D to operate a communications network in the State of lowa. The lowa Communications Nefiwork's address is 400 East 14t" Street, Grimes State Office Building, Des Moines, lowa 50319. 1.2 The City ofi Dubuque is a municipality and political subdivision ofi the State of lowa incorporated in accordance with the relevant provisions of lowa law. The City's Administrafiion Offices location is: 50 West 13tn Street. Dubuque, lowa 52001. SECTION 2. DEFINITIONS. The following words shall have the meanings set forth below. Words in the singular shall be held to include the plural and vice versa. 2.1 "Agreement" means this document and any amendments to this document or any ofiher documents specifiically incorporated into this Agreement by reference. 2.2 "Cable Locates" or "Locates" means the identification of utilities through the lowa One Call Cent�r (IOC) pursuant to lowa Code chapter 480. 2.3 "Dark Fiber" means a number of fibers, normally expressed in number of glass sfirands unless otherwise stated, between two specified locations that have no optronics or elecfironics attached to it, thus no light/communications signal being transmitfied through the fiber. 2.4 "Designated Fiber" shall mean the Fiber as identified in each Arnendment, Appendix and Exhibit. 2.5 "Cifiy" means the City of Dubuque lowa. 2.6 "City Duct" means a buried conduit or HDPE duct, and associated h�ndholes etc, for the purpose of enabling the installation of one or more fiber opfiic sfirands installed by, owned by (joinfily or individually) or allocafied ; fio fihe City, identified on fihe Exhibit(s} attached here�o. � � 2.7 "City Equipment" means facilities or equipment provided, owned or installed by City in, around or on the Designated Fiber. 2.8 "Fiber" means a glass strand or strands which is/are protected by a color-coded buffer tube and which is/are used to transmifi a communication signal along fihe glass strand in the form of pulses of light. 2.9 "Fiber Segment" means the length of similar fiber and fiber count between designated access splice points. 2.10 "ICN" means collecfiively the lowa Telecommunications and Technology Commission operafiing the lowa Communications Network. 1 2.11 "ICN Network" means the communications system operated by fihe ICN, as such systems exist now, and as ifi is modified from time fio time. 2.12 "IRU" or "Indefeasible Right of Use" means the exclusive, unrestrictive and indefeasible right of use the relevant capacity(including equipmenfi, fibers or capacity) for any legal purpose. 2.13 "Lit Fiber" means fiber-optic cable which is actively carrying a signal. 2.14 "Link Segment" means a specified length of fiber optic cable connecting two points. It may be a specifiied portion of a larger fiber optic cable nefiwork or it may be fihe entire network. 2.15 "OTDR" means Opfiical Time Domain Refilectometer which is the optical-fiber fiesfi insfirument capable ofi measuring loss characfieristics and displaying faults, splices, and ofiher fiiber events in single mode and multi-mode optical fibers. 2.16 "Other Fiber Owners or Lessees" means all others, either now or in the future, that obtain ownership of or lease rights to Dark Fiber strands or sheath. 2.17 "Propo�tional Share" shall mean the number of Fibers, fior each the ICN and City, within the sheath. 2.18 "Re-locafie" shall mean when it is necessary to Re-locate a current fiber facility to a different location. 2.19 "Resfioration" shall refer to restoring fiber optic cable to service after damage or cut incident. 2.20 "Route Maintenance" related to cable and the route/right of way (ROW) shall refer to repair ofi areas ofi exposed cable or degraded ROW, for example due to erosion or poor manner ofi initial installation. 2.21 . "State" means fihe State of lowa and all of its agencies, boards, and commissions, including fihe ICN. 2.22 "SUP" shall mean Shared Use Project as identified and described in each Amendment added to the Agreement. 2.23 "Conduit Pathway" means a buried conduit or HDPE duct, and associated handholes, etc., for the purpose of enabling the installation of one or more fiiber optic cables. Conduit and duct may be used infierchangeably. SECTION 3. SCOPE �F WORK. 3.1 Scope ofi Services. Each SUP performed under this Agreemenfi must be set forth, in wrifiing, in a Scope of Services document, that will be incorporated into this Agreement via an Amendment to this Agreement, which shall be signed by both Parties. 3.1.1 Each SUP Scope ofi Services document shall at a minimum identify and address the following: ■ City Project Number ■ Location of the project � Description of the project o Specific end points o Length of segment o Line drawings ■ Duration of the term for the project. � Fiber and duct roufie, fiber count, Fiber allocation and identification of addifiional parties involved, if any. ■ Fiber and duct map ■ Responsibilities of each Party, including supply and installation. ■ Ownership ofi the fiiber and duct ■ Fiber maintenance responsibility o If the ICN or the City are not providing maintenance and restoration, the amendment shall identify the service provider and the service levels for advance notice of maintenance activity and restoration times, in the event of a cable cut. ■ Fiber repairs and restoration 2 ; ; , � Telecommunication Services related fio the SUP ■ Project financials (costs and obligations) � Which Party bears cosfi fior future locates � Which Party bears cost fior future relocates � Proposed start and completion dafies 3.2 Amendments to Scope ofi Services and Specifiications. The par�ies agree that a SUP Scope of Services document referenced in sections 3.1 and 3.1.1 and the specifiications contained therein may be revised, replaced, amended or deleted at any time during the term ofi this Agreement to reflect changes in service or perFormance sfiandards only upon the mutual written consent of the parties. 3.3 Industry Standards. All splicing services rendered pursuant fio this Agreemenfi shall comply with the Standards set forfih on Exhibit A afitached ("Splicing, Tesfiing and Acceptance Standards for single mode fiber") which is incorporated into this Agreement by refierence. All other services rendered pursuant fio fihis Agreement shall be performed in a professional and workmanlike manner in accordance with the terms of fihis Agreement and with generally accepted industry standards of perfiormance for similar tasks and projects, including SUDAS (Statewide Urban Design and Specifications). Any services performed in violation of these sfiandards will be corrected at no cost to the affected Party, such that the services are rendered in the above-specified manner. 3.3.1 As a general practice, the Designated -Fiber optic cable shall be buried versus aerial, unless determined by mutual agreement of the parties, to be more economically feasible fior short sections; i.e. rock area. 3.4 ICN and City Contact procedures are listed in Exhibifi B, Maintenance and Support Contacts and On Call Procedures, which are attached and incorporated into this Agreement by reference. Upon the addition of each SUP Scope of Services document fio the Agreement pursuanfi to sections 3.1 and 3.1.1, the Parties shall review the , infiormation confiained in Exhibit B and update the information if necessary. 3.5 Non-Exclusive Rights. This Agreemenfi is not exclusive. The ICN and Cifiy reserve fihe righfi to select other Vendors to provide services similar or identical to the services referenced in this Agreement or set forth in the Scope of Services documenfis referenced in sections 3.1 and 3.1.1 of fihis Agreement during fihe term of this Agreement. 3.6 ICN Properfiy. Except as provided in a specific project attachment, the Cifiy shall not, and shall not permit others, to rearrange, disconnect, remove, atfiempt to repair, or otherwise fiamper wifih any ICN prope�ty without the written consenfi of the ICN. The Parties agree that no parfiy ofiher than the ICN or a contractor under the direct supervision of the ICN shall be permitted fio perform maintenance or splicing on the Fiber. 3.7 City Equipment. Unless otherwise specified within an SUP Scope ofi Services document, fihe City shall have sole responsibilifiy for installation, testing and operation of City Equipmenfi. Unless otherwise specified within an SUP Scope of Services document the ICN shall not be responsible for the operation or maintenance of any City Equipment. Unless otherwise specified within an SUP the ICN shall not be responsible for the transmission or reception of communications or signals by City Equipment or for fihe qualifiy of, or defecfis in, such transmission or reception. SECTION 4: COMPENSATION. 4.1 Payment Terms. Upon completion of the services, du�ies and responsibilities that a party is required to provide under a SUP Scope of Services document referenced in sections 3.1 and 3.1.1, each party shall submit itemized invoices to the other party that identify the services provided in connection with the Scope of Services documenfi and the amount claimed for the services provided. All approved invoices will be paid in arrears and in conformance with lowa Code. Either party may vary the terms of this provision by paying the invoice in less than 60 days as provided in lowa Code. However, an election fio pay in less than 60 days shall not act as an implied waiver of lowa Code. Any sums owed by fihe other Party shall be itemized and added to the invoice prior to submission. If either Party disputes the amount of any invoice, the Party will notify the other party of the dispute within 30 days of receipt of fihe invoice. Paymenfi ofi the disputed amount may be withheld until the dispute is resolved. � 3 � � �'1 � 4.2 The Compensafiion secfiion of each SUP Scope of Services document incorporated into this Agreement via Amendment under secfiion 3.1 and 3.1.1 above shall be reviewed thereafter, afi least, 36 months from the initial date ofi execution. 4.2.1 When reviewing fihe Compensation section of each Amendment the value of services (e.g., locate services, internet bandwidth) and infrastructure (e.g., fiiber optic cable, conduit) provided by ICN and City, both one-time and ongoing, shall be considered. 4.3 ICN agrees to execute the City of Dubuque "Lrcense For Nonfranchised Communications System In the Public Right-�f-Way" and to pay fihe onetime fee of $200. ICN projects separate from this Agreement will be required fio follow the Communications Systems in the Public Right of Way procedures, rules, regulafiions and fee schedules. SECTION 5: TERM. This Agreement is effective upon signature ofi all parties and will continue fior 20 years or until eifiher Party provides nofiice as detailed in Section 10. SE�TION 6. COLLOCATION. To the exfient that City wishes to colloca�e equipmenfi in any ICN facility, the Par�ies shall enter into a separate collocafiion agreemenfi for each site. SECTION 7. EXCLUSION OF WARRANTIES. THE PARTIES MAKE NO WARRANTY TO EACH OTHER OR ANY OTHER ENTITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE INSTALLATI�N, DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS, USEFUL LIFE, FUTURE ECONOMIC VIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE DESIGNATED FIBER, ANY FIBERS, OR THE SYSTEM, CJR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. SECTION 8. INDEMNIFICATION. 8.1 The ICN and the City shall, only to the extent consistent with Arfiicle VII, Section 1 ofi the lowa Constitution and lowa Code Chapters 669 and 670, indemnify and hold each other harmless firom and against any and all costs, expenses, losses, claims, damages, I�abilities, settlements and judgments arising directly out of fihe negligence or wrongful acfis or omissions of any employee of the ICN or the City, respectively, while acfiing within the scope ofi the employee's office of employment in connection with the performance ofi this Agreement. 8.2 Nothing contained herein shall operafie as a limitation on the righfi of either party hereto to bring an action fior damages against any third party, including indirecfi, special or consequential damages, based on any acts or omissions of such third party as such acts or omissions may affect the construction, operafiion or use of the Designated Fiber or the ICN Network; provided, however, that each parfiy hereto shall assign such rights or claims, execufie such documents and do whatever else may be reasonably necessary fio enable fihe other party to pursue � any such action against such fihird party. SECTIO�1 9. LIMITATION OF LIABILITY. Notwithsfianding any provision of this Agreemenfi to the contrary, in no event shall either party be liable to the other par�y for any special, incidental, indirect, punitive or consequential damages, whether foreseeable or not, arising out of, or in connection with, transmission interruptions or problems, or any interrupfiion or degradation of service, including, but not limited to, damage or loss of property or equipment, loss of profits or revenue, cost of capital, cost of replacement services, or claims of customers, whether occasioned by any construction, reconstruction, relocation, repair or mainfienance performed by, or failed fio be per�ormed by, the other party or any ofiher cause whatsoever, including, without limitation, breach ofi contracfi, breach of warranty, ' negligence, or strict liability all claims for which damages are hereby specifically waived. � SECT10�110. TERMINATION. 10.1 Termination for Cause. In the event a breach ofi this Agreement occurs, the non-breaching party may give written notice, pursuant to section 11.8, to the party that committed fihe breach, which notice shall advise that party of the specific fiacts and circumstances that constitute a breach of the Agreemenfi and further advise the party thafi it has 30 days to cure or correcfi the breach. Ifi the breach is not cured or corrected at the end of this 30 day period, the non-breaching party shall have fihe right to terminate this Agreement at the end of a 180 day period, which period shall start upon writfien notice, delivered to the party in breach pursuant to section 11.8, of the parfiy's infiention to terminate the Agreement in 180,days. 4 10.2 Termination for Change in Law. Either party, ICN or City, shall have the righfi to terminate fihis Agreement withoufi penalty by giving 18� days' written nofiice to fihe other party if one of the following events occurs: (a) Adequafie funds are not appropriated or granted to allow the party to operate as required to fulfill its obligations under this Agreement; (b) Funds are de-appropriated or not allocated or if funds needed by the party, at the party's sole discrefiion, are insufficienfi for any reason; (c) The ICN's authorization to operate is withdrawn or there is a mafierial change in the programs administered by the IC�1; or(d) The ICN's duties are substantially modified. 10.3 Non-Availabilifiy of Funds. Notwithstanding any other provisions of this Agreement, if funds anticipated for fihe fulfillment of this contract are at any time not forthcoming or insufficient, either through fihe failure of the Federal Government or of the State ofi lowa fio appropriate funds or through discontinuance or material alteration of the program under which funds were provided, then City shall have the righfi to terminate this Agreemenfi without penalty. 10.4 Disposifiion of Fiber Optic Cable. Ifi City and ICN are the only Parties within the fiber sheath and in the event that a Party elec�s to permanently terminate the use of its Designated Fiber referenced in any document that has been attached to this Agreemenfi or incorporafied into this Agreement by reference, the cable sheath and associated components, splicing hardware and any installed underground conduit, all ifiems previously described � will be considered to be abandoned and ownership shall be offered to the ofiher Party afi no cosfi. If either Party abandons the Fiber, fihe receiving Party shall be responsible for all costs associated with mainfienance and operafiion of the cable, including all costs associated wifih any subsequent cable abandonment by the receiving Party. 10.4.1 If either party enters bankruptcy or is sold, fihe terminating party will ensure fihafi the new owner of fihe Duct and or Fiber Assefi recognizes the rights of the remaining party. The remaining par�y will be offered fihe opfiion to negotiate an agreement with the new owner or terminate this Agreement. SECTION 11. CONTRACT ADMINISTRATION. �1.1 Amendments. This Agreement may be amended in writing from time to time by mutual consent of the parties. All Amendments to this Agreement must be in writing and signed by bofih the ICN and City. 11.2 Third Party Beneficiaries. There are no third party beneficiaries to this Agreement. This Agreemenfi is intended only to benefifi the ICN and City. 11.3 Choice of Law and Forum. The laws of the State of lowa shall govern and determine all matters arising out of or in connection wifih this Agreement without regard to fihe choice ofi law provisions of lowa law. In the event any judicial proceeding is commenced in connection with this Agreement, the exclusive jurisdiction for the proceeding shall be brought in Polk County District Court for the State of lowa, Des Moines, lowa. This provision shall not be construed as waiving any immunity to suit or liability including without limitation sovereign immunifiy in State or Federal court, which may be available to the ICN, the City, or the State of lowa. 11.4 Integration. This Agreement, any scope of Services document, Schedule, Addendum, Amendment, Rider or Exhibit attached fio this Agreement or incorporated infio this Agreement by reference, represents fihe entire Agreement between the parties and neither party is relying on any representation that may have been made which is not included in this Agreement. 11.5 Not a Joint Venture. Nothing in this Agreement shall be consfirued as creating or constituting the relationship of a par�nership, joint venture, (or other associafiion ofi any kind or agent/principal relationship) be�ween the parties hereto. No party, unless otherwise specifically provided for herein, has the authority to enter into any agreement or create an obligation or liability on behalfi of, in fihe name of, or binding upon another party to this Agreemenfi. 11.6 Supersedes Former Agreements. This Agreement supersedes all prior Agreements between the ICN � and CITY for the Fiber and services provided in connection with this Agreement. 11.7 VVaiver. Any breach or default by either party shall not be waived or released other than by wrifiing signed by the other party. Failure by either party at any fiime to require performance by the other par�y or to claim a breach of any provision of the Agreement shall not be consfirued as affecfiing any subsequenfi breach or the right fio require performance with respect thereto or to claim a breach with respecfi thereto. 5 11.8 Notices. Any and all notices, designafiions, consents, offers, acceptances or any other communication provided for herein shall be given in writing by registered or certified mail, return receipt requesfied, or by receipted hand deliver, by Federal Express, courier, or other similar and reliable carrier which shall be addressed to each par�y as set forth as follows: � If fio the ICN: ICN —Confiracting 400 Easfi 14th Street Grimes State Office Building � Des Moines, lowa 50319 If to CITY: City Clerk City of DubuqueContact Name, Contact Tifile 50 West 3rd St. Dubuque, lowa 52001 Streefi Address C i ty, I owa, Z i p Each such notice shall be deemed to have been provided at the earliest of fihe following: (a) at the time it is actually received; or(b) in the case of overnight hand delivery courier or services such as Federal Express with guaranteed next day delivery, within one day; or(c) in the case of regisfiered U.S. Mail, within five (5) days; or when verified by automated receipfi or electronic logs if senfi by facsimile or email. Copies of such notice fio each party shall be provided separately. From fiime to time, the parties may change fihe name and address of a party designated to receive notice. Such change of fihe designafied person shall be in writing to the other party and as provided herein. 11.9 Cumula�ive Righfis. The various rights, powers, options, elections and remedies of either party, provided in this Agreement, shall be construed as cumulative and no one of them is exclusive ofi fihe ofihers or exclusive of any rights, remedies or priorities allowed either party by law. Nothing in �his Agreement shall be construed as affecfiing, impairing or limiting the equitable or legal remedies to which either party may be enfiifiled as a result of any breach of this Agreement. 11.10 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the invalid portion shall be severed from fihis Agreement. Such a determinafiion shall not afFect the validity or enforceability of any other part or provision of this Agreement. 11.11 Obligations beyond Agreement Term. This Agreement shall remain in full force and effecfi to fihe end of the specified term or unfiil fierminated or canceled pursuant to this Agreement. 11.12 Aufihorization. Each party fio this Agreemenfi represents and warrants to fihe other that it has the right, power and authority to enter into and perform ifis obligafiions under fihis Agreemenfi and that it has taken all requisifie action (corporate, stafiufiory, or otherwise) to approve execution, delivery and performance of this Agreement. This Agreement constitufies a legal, valid and binding obligation upon the parties in accordance with its terms. 11.13 Successors in Interest. All the terms, provisions, and conditions ofi fihe Agreement shall be binding upon and inure to the benefiit of the parties hereto and their respective successors, assigns, and legal representatives. 11.14 Counterparts and Facsimile Signatures. The parties agree that this Agreemenfi has been or may be executed in several counterparts, each of which shall be deemed an original and all such counterparts shall fiogefiher constitute one and the same instrument. The parties further agree that the signatures on this Agreement or any �amendment or schedule may be manual or a facsimile signature of the person authorized to sign the appropriate document. All authorized facsimile signatures shall have the same force and effect as if manually � signed. ! 11.15 Taxes: Sfiate and Local. The parties are tax-exempt entities and no payment will be made for any taxes for any purpose. 11.16 Assignm�nfi and Delegation. Neither parky to this Agreement shall assign, transfer or convey this agreement in whole or in part without the prior wrifiten consent ofi the other party. 6 11.16.1 In the evenfi of any assignment or change in ownership, neither party shall be required to provide services to unauthoriZed or approved users, nor does one party have the ability fio obligate the other party to responsibilifiies without their written approval. SECTION 12. EXECUTIQN. IN WITNESS WHEREOF, in consideration of the mutual covenants set for�h above and for other good and valuable consideration, fihe receipt, adequacy and legal sufficiency of which are hereby acknowledged, fihe parties have enfiered into �he above Agreement and have caused fiheir duly aufihorized representatives to execute this Agreement. iovv�►co IVICA IONS NE ORK �.� � ;, � �� ey. � � Printed name: Mark W.`� ohnson . Title: ICN Chief Operating OfFicer Date: ��"�/�"�� CIT'Y OF DUBUQUE ey: Printed name: Tifle: Dafe: 7 EXHIBIT A SPLICING, TESTING AND ACCEPTA�ICE STANDARDS for Single Mode Fiber 1. All splices will be performed with an industry-accepted fusion splicing machine as per IC�1 splicing specifiicafiions. 2. Splices will be qualifiied during the initial construction by fihe core alignment system on the fusion splicer. 3. Affier end-to-end (site-to-site) connectivifiy on the fibers, the installing contractor will complete bi-direcfiional span testing. These measurements will be made after all cable installation acfiivities are complete for each span. Connecfiors will be cleaned as necessary fio ensure accurate measurements are taken. • Installed loss measurements at 1550nm will be recorded using an industry accepted laser source and power mefier. Continuity testing (checking fior"frogging") will be done on all fiibers concurrently. • OTDR traces will be taken at 1550nm and splice loss measurements will be analyzed. Bell Core format will be used on all traces, unless both parties agree to another OTDR format. • All testing, power levels and OTDR traces will be conducted at 1550nm. • Installing Agency will pay for fihe testing at the 1550 level. • �TDR traces shall be saved in a standard file naming convention. One set of OTDR traces will be pravided to each the CITY and the ICN via electronic formafi. 4. The splicing standards are as follows: • The objective loss value of the connector and its associated splice will be 0.50 dB or less. • The objective for each Fiber within a span shall be an average bi-directional loss of 0.15 dB or less for each splice. For example, if a given span has 10 splices, each Fiber shall have a total bi- directional loss (due to the 10 splices) of 1.5 dB or less. Individual bi-directional loss values for each splice will be reviewed for high losses. • The aforementioned standards are objectives, not the basis for acceptance. The accepfiance standard for each Fiber per span shall be calculated as follows: Span Loss = a (span distance in kilometers) + b (0.15 dB/splice) + c (0.50 db/connector) Where: a= maximum fiber loss in dB per kilometer for fihe specific fiber fiype/manufacfiurer at 1550nm b= number of splice locafiions for the span c= number ofi connectors for the span V 5. All connector splices will be protected with heat shrinks. Buffer fiubes/ribbons will not be splifi across more than one splice tray. An industry accepted splice enclosure will be used on all splices. FIBER STANDARDS Rl�1"E: Single mode fiber shall meet the SMF-28 standard. Ifi the fiber to be used is existing fiber, previously installed prior to 1996, the ICN will require the manufacture date of fihe fiiber to ensure compatibility with the balance of the associafied fiber and installation equipment. NOTE. Mulfiimode fiiber shall meet the ISO 11801 standard .The ICN will need to know what classification of MM fiiber it is, OM1 (62.5/125), OM2 (50/125),,or OM3 (Laser-Optimized 50/125). IVOTE: As stated in 3.3.1 As a general practice, the Designated Fiber optic cable shall be buried versus aerial, unless determined by mutual agreement of fihe parties, to be more economically feasible for short sections; i.e. rock area. 8 � EXHIBIT B Maintenance �nd �upport Contacts and On Call Pracedures 1. Points of Cantact. The Parki�s �gree ta provide point� of cant�ct for purpases of efficient managemenfi of this Agreem�nt, in accardance with the fallowing. 1.1 The ICN's primary point of cantact for the City is the ICN �ervice Desk: Phone 1-800-572-3940. The ICN NOC is staffed 24x7x365 days� ye�r. 1.2 �ity of Dubuque Cant�cts Chris Kahlmann, Manager Information �ervices Dep�rkment City of C►ubuque 1300 Main Street Dubuque, lowa 52�01 Phane: 563-589-4281 Email: ckohlmanCa�cityofdubuque.orq' Escorted Access reque�t line (twenty-four(24) hours per day, seven (7) days per week): ICN phone: Ta be provided in �ny�pplic�ble Praject Statement �ifiy phane: Nan-Emergency Dispatch 563-589-4415 D�ve Ness, 563-589-1722 or send email to: Dness a�cityofdubuque.org 1.3 The P�rties shall provide natice af any change in the respectiv� paint(s) af contact within 15 warking days by notificafiion via writfien media. 1.4 Requests for service and information sent by City employees who are not specified point(s) of confiact and/or r�ceived by ICN employees who are not specifie�d painfi(s) of contact in �ectian 1.2 will be verified by the proper canfiacfis af both parties before acfiion is fiaken. 2. Trouble Reporting and Resolution. The ICN shall provide for the following trouble reporting and resolution prac�dures: 2.1 The ICN network is monifiar�d 24 hours per day, 7 days per week, utilizing a c�ntralized control cen�er fvr re�l-time status and alarm condition�. The ICN network operations and maint�nance �re �pplicable ta all servic�s delivered by the I�N. The ICN Service Desk is the point of contact far trauble reparting. �all � locally 1-515-725-4400 or toll free 1-800-572-3940. Phanes are �nswered 24 hours per day. Following are �ervice standard� relative ta operatians and management of the netwark 2.1.1 Network �urveillance. The ICN shall observe, manitor, analyz� and repart on all operations of the ICN Netwark. The I�N will identify network failures, troubles ar degradatian af service on the ICN fiber. The ICN will manitar the fiber path, but nat City fiber traffic. The ICN will notify the Cifiy point(s) of contact of ICN netwark failures, traubles ar degradation of service. Locate and dispatch technicians when the ICN network experiences failures, firoubles, or equipment degr�datian. Troubles and adverse netwark conditions are reported ta the I�N M�intenance �upervisar for escalation or assist�nce in trouble shoating the problem that has been idenfiified. 2.1.1.1 Trouble Ticketing and Escalation Fallaw-up. Trouble tickets are opened within 1 Q minutes of �ny trouble reported by City, st�ff, or vendors. Troubles generated by network surveillance are opened within 20 minutes on major alarms ar daily thresholds. 2.1.1.2 All network outages (i.e. fiber cuts) and platfarm outages (i.e. video platform, internet and firewall)will follow current ICN Standard Procedures for escalation and resolution. 9 2.2 Scheduled Maintenance Activities. Unless expressly stafied elsewhere in this Agreement, all Parties whose network traffic may be impaired or affected during the scheduled mainfienance will be notified 3 business days before a routine scheduled maintenance window will take place. In the event that an "Emergency Maintenance Window" is required, fihe ICN will give City as much advanced notice as possible. An emergency maintenance window is defined as repair work that is required to restore service thafi is not performing to engineered standards. If the scheduled.maintenance day or time needs to be altered for�ity, every e�fort will be made to accommodafie the request. The ICN will provide notification (via the ICN � MaintList e-mail server system) ofi scheduled mainfienance acfiivities to City points of contacfi as maintenance windows are scheduled. City must provide the ICN with valid contact names and telephone numbers for daytime and after-hours contact. City musfi also submit their point of contact information for the ICN to add to the MaintLisfi e-mail distribution system. Routine maintenance is scheduled to be worked between fihe hours of midnight and 6:00 AM and is not resfiricted to any one day of fihe week or weekend. The ICN will make every effort to assure fihat the least amount of disrupfiion of service to our customers as the result of maintenance work being performed. The ICN also reserves the right to perform network maintenance as required for fihe common good of all users ofi the ICN network. Any maintenance activity fihat affects only one ICN cusfiomer will be scheduled and approved jointly with the a�fected customer. All other maintenance work will be performed by the ICN within ifis own discretion, within the timeframes stated within this section and within the notification guidelines also stated in this section, including the guidelines related to emergency maintenance. 2.3 Cable Locates. When any contractor or citizen of lowa begins any type of excavating, they are required fio infiorm the lowa One Call Center (IOC). IOC will determine the location and call all utilities fihat may be afifected. Based on the IOC notification, the ICN will dispatch from the locate desk maintenance personnel to the affecfied site. Such maintenance personnel will verbally clear the situation, physically mark fihe location, and/or stand by the construcfiion site during digging. Measures to be used are determined by the proximifiy of the proposed digging to ICN/City cable. � 2.4 Notification of Service Impairments. Ifi service disruptions or degradafiion of service of any type is defiected fihrough network surveillance, the ICN Service Desk will no�ify City point of contact or City Help Desk via phone or via written media, including electronic mail, on the disruption as soon as identified and affected cusfiomers are determined. The ICN Service Desk will give updates on reported or detected service disruptions or degradation as follows: 2.4.1 Customer updates will be given as requested for Network Outages (including fiber cuts) and Platform Outages (i.e. Internet) during the standard business hours of 8:00 AM until 5:40 PM � Monday thru Friday. The customer can request continued updates for after hours if a contact name and telephone number is provided. 2.4.2 Cifiy is required to notify fihe ICN Service Desk at 515-725-4400 or 800-572-3940, of any planned outages that will impact the ICN and its abilifiy to provide service to City or other authorized users. This notification musfi be provided at least 5 business days befiore the work is to be done unless it is an emergency. 2.4.3 24x7 access to City, buildings, building demarcation points, communication closets, equipment rooms, and other locations where ICN delivers either ICN or LEC services is required to be provided by Cifiy to ICN technicians to insure service guarantees and response times to repair. Access may be arranged via the City Service Desk. Advance notice will be required for escorfied access. If 24 x 7 access is nofi available to ICN fiechnicians, ICN service guarantees and response fiimes to repair will not be honored. Escorted Access will be provided to fihe ICN on a 24 x 7 basis. If ICRI access fio City facilifiies is necessary due to a Cifiy request or requirement, the ICN shall not be charged an escort fee. 2.5 Due to the urgent nature, trouble calls shall be made to the ICN Service Desk via telephone: 2.5.1 Local (within Des Moines calling region) at 515-725-4400. 2.5.2 Outside Des Moines calling region at 1-800-572-3944. 10 � i ; ; 2.6 Customer Requested Escalations: 2.6.1 Other ICN inquiries, including but not limited to billing, account history, sfiatus of service installation, and existing services in production, are to be addressed to ICN Customer Service and Support(CSS) Phone 1-877-426-4692. 2.6.2 The ICN shall provide for trouble and inquiry resolution as fiollows: The ICN shali respond within 1 business day of an City escalation request wifih updates, plans and/or resolutions followed by written or electronic confirmation of the updates, plans and/or resolutions within 3 business days. 2.6.3 Other inquiries, as noted in 2.6.1 above, within 3 business days after receipt of the inquiry by the ICN, the ICN and City shall mutually agree upon the path to fihe inquiry resolution. 2.7 City and the ICN will conduct periodic review of problems and develop procedures for outage and problem discussion and service improvement efforts. Examples include but are not limited to: chronic and recurring problems and major oufiages. 1� I � i EXHIBIT C LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA(City) AND THE IOWA C�MMUNICATIONS AfVD TECHNOLOGY COMMISSION (ICN) SECTION 1. PREMISES: City leases space to ICN wifihin the following real esfiate: That parfi of Lot 2 of Finely Home Addifiion No. 2 in the Cifiy of Dubuque, Dubuque County, lowa, shown on Exhibit � A, on which is located a 20 ft. x 20 ft. wooden-frame construction building (1515 W. 3rd Street, Dubuque, lowa) (the "Leased Premises") fiogether with all improvements thereon, and all righfis, easements and appurtenances therefio belonging, fior the duration of fihe Lease, on the condition that ICN performs as provided in this Lease Exhibit. SECTION 2. DURATI�N: The Lease shall be effective upon signature of the Master Agreement For Shared Use Projects, 17-121 and continue for a three year term unless terminated by either par�y, per Exhibit C, Section 9. or Section 10. of the Master Agreement For Shared Use Projects. At the end of the initial three year term, the lease shall be reviewed and renewed for an additional fihree year period, upon mutual written agreement of the parties. SECTION 3. RENT: The Parties have agreed fio exchange services for rent at "fiair market value". In exchange for the leased space, ICN agrees to provide commercial and backup power to the City equipment and also provide internet access to fihe City, as detailed below. City allocated costs: • Rack space, the City MRC is$500 per rack(ICN has installed 3 racks= total MRC of$1,500.00) ICN allocated costs: � • Commercial &emergency power, each 20 amp circuit has a value of$300 MRC, see section 7.4 for detail. • Internefi access, 300Mb (MRC of$1,057.50) o Internet access will be handed off in fihe leased space, with Cat6 cable terminated with RJ5 jack o Pricing includes the port o ICN will waive the new service installation fee of$500NRC SECTION 4. POSSESSION AND USE: 4.1 Although the previous lease, #13-048, has expired, fihe parties confiinued operating under the previously agreed upon terms and ICN is now allowed to continue use of the Leased Premises, under this exhibifi, until either party terminates the Lease. 4.2 ICN acknowledges that this is a non-exclusive lease and City may lease Leased Premises to ofiher tenants. ICN may use fihe Leased Premises only �o house and operate equipment for its fiber optic and electronic communications system. Any use of the Leased Premises may not conflict with fihe present use of adjacent property owned by City. ICN may install and operate additional electronic equipment within the Leased Premises; in a manner which does not conflicfi or interfere with City's use of the Leased Premises, and which does not conflict wifih the use or operation of the Leased Premises by City's other tenants. 4.3 ICN must comply with all present and future federal, stafie, and local laws, ordinances, rules, and regulations in connection with the use, operation, maintenance, construcfiion and installation of additional equipment. 4.4 ICN must pay for all utilifiies and services which are used by ICN on the Leased Premises. 4.5 ICN agrees and acknowledges no assignment or subletting, either voluntary or by operation of law, will be effective without the prior wrifiten consent of City. . SECTION 5. COVENANT OF QUIET ENJOYMENT: As long as ICN pays the rents reserved by fihis Lease and performs and observes all fihe covenants and provisions hereof, ICN may quietly enjoy the Leased Premises and have unobstructed access fio fihe Leased Premises by means reasonably designafied by City. 12 SECTION 6. CARE AND MAINTENANCE: 6.1 ICN ufiilizes the Leased Premises as is. 6.2 ICN may make no structural changes or alfierafiions wifihout the prior written consent of City. Any sfiructural changes or alfierations or construction must be made by ICN in a legal and careful manner and wifihout infierfierence or damage to any other equipment, structures or operations on �he Leased Premises, including use ofi the Leased Premises by City or any assignees or other ICNs. 6.3 ICN musfi keep its facilities within the Leased Premises in a reasonable, safe, serviceable, clean and presenfiable condition. ICN has sole responsibility for the maintenance, repair, security of ifis equipment, personal proper�y, and improvements, including all changes, alterations or additions ordered by any lawfully constitufied government authority, directly related to ICN's use of the Leased Premises. SECTION 7. GENERATOR: ICN previously installed and shall be allowed to continue operation of a liquid propane fueled generator, 500 gallon fuel storage tank, fuel supply lines, power supply cables, transfer switch and related equipment and facilities, (hereafiter collectively identified as "the Generator") on the Leased Premises or elsewhere on Lot 2 of Finley Home Addition No. 2 to provide emergency power for the Leased Premises: 7.1 Ifi a replacement generator is needed, ICN agrees to provide, for City's inspection and approval, a written plan detailing �he proposed physical and technical specifiications and proposed specific location of the Generator and its components. 7.2 ICN must provide, fior City's approval, a list ofi parties, if other than ICN's employees, including the address and contact phone numbers, authorized to enter fihe Leased Premises to maintain, test or service the Generator. 7.3 The installation and operation of the Generator must be per�ormed by properly licensed technicians and must be in accordance wifih applicable sections ofi all federal, state and local laws, including but not limited to the International Fire Code, National Electric Code, and National Electric Safety Code. 7.4 The Generator is installed and sized in such a manner as to supply adequate emergency power to existing ICN circuits of the building on the Leased Premises, including those feeding ICN's and City's equipmenfi within the Leased Premises. ICN agrees to provide City access to commercial and emergency power as long such access does nofi create any defirimental effect to the ICN equipment or service. The ICN and the City agree fio coordinafie the installation and connectivity of fihe fiollowing power feeds: , 7.4.1 Commercial power, City may insfiall a sub panel to be fed by the ICN commercial power panel. 7.4.2 Emergency power, City may install a sub panel which will be fed by the ICN Genset. 7.5 Located outside the building, the Generator shall be equipped with suitable sound-dampening accessories made available or approved by the generator manufacfiurer, such as exhaust muffler, insulation-lined cabinet or enclosure, or a substitute approved by Cifiy, to reduce the level of sound reaching nearby private residences or pafiient rooms of the Finley Hospital. 7.6 Any future changes to the Generator size, location or configuration during the lease musfi be approved by C ity. 7.7 In the event ICN abandons or ceases to use the generator, ICN must, at the sole discretion of City, either: 7.7.1 Safely disconnect and remove the Generator and resfiore the Leased Premises to its condition prior to the installation; or 7.7.2 Transfer full ownership and control of fihe Generator to City, in exchange for which City will release ICN firom all further obligations related to ownership or operation of the Generator. 13 SECTION 8. DEFAULT, NOTICE OF DEFAULT: 8 .1 Events of Default. Each of fihe fiollowing constitute an event of default by ICN: (1) failure to pay rent when due; (2) failure to observe or perform any duties, obligafiions, agreements, or conditions imposed on ICN pursuant to the terms of this Lease; (3) abandonment of the Leased Premises by ICN by failing to engage in its usual and customary business activities on the Leased Premises for more than fifiteen (15) consecutive business days. 8.2 Notice of Defiault. In the event of a defaulfi, City and ICN must proceed as provided in Section 11.8 of the Master Agreement For Shared Use Projects. SECTION 9. TERMINATION OF LEASE: In addition to Section 10. TERMINATION of the Master Agreement For Shared Use Projects, the following sections are applicable; 9.1 For Cause by ICN. In fihe event City fails to observe and per�orm any covenant, condition or obligation created by this Lease, ICN musfi provide written notice to City requesfiing thafi fihe breach or noncompliance be immediately remedied. In the event that the breach or noncompliance continues fior thirty (30) days after the date ofi the written notice, ICRI may eifiher immediately terminate the Lease without additional written nofiice, or enforce the terms and conditions of this Lease by any legal or equifiable remedies. 9.2 For Cause by City. In the event ICN fails fio observe and perform any covenant, condifiion or obligation created by this Lease, City must provide written notice to ICN requesting that the breach or noncompliance be immediately remedied. In the event that the breach or noncompliance continues for thirty (30) days after the date of the written notice, City may either immediately cancel or forfeit this Lease without additional written notice, or enfiorce fihe fierms and conditions ofi this Lease by any legal or�quitable remedies. 9.3 Damage. In the evenfi of damage to the Leased Premises, so that ICN is unable fio conduct business on the Leased Premises, this Lease may be terminated at the option of eifiher party. Such terminafiion shall be effected by fien days' notice to the other party and the conditions if the condifiions of Section 9.4 met, bofih parties will thereafter stand released from all future obligations hereunder. 9.4 Upon termination of this Lease, ICN will surrender the Leased Premises to City wifihout fraud or delay and in good and clean condition, and repair. The Lease Premises must be in the same condition as its condition on fihe date of�his Lease except fior ordinary wear and tear or damage without fault or liability of ICN. z 14 ; a � Leased Premises for Lease Agreement between the City of Dubuque and the lowa Communications and Technology Commission (ICN) � � � ' h ; � � ` 3_..�., .,�.� . �„ y1 �9 ,i 2�,13 '�. 532& � :� � $T M��t t. ; `� � �d44�GE{'an.r s � '� � � �� r� � . ` "� " ��a,bw �'� � � . �, �-.:- ,. �. � ,.�-- ��. . -� � �+ w � ; ` r� �:_ � ,,,�,. �, � �°e �yt9 x � ,,, .� ,� �,� , ; „•` �� , � � � j�.A�a2 u+ x.,�` �p'-"�� 711g^a� ?'��~ ��, � �;y,'; 'St` m �' a �>� ; � �� i"3k94 .- W a . � `,�;, �� i � . � ,rnd . 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' � � `5 � : t-", . r� y': : �� z' � � 5 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 April 2019 at 6:00 p.m. in the Historic Federal Building, 350 We st 6th Street, second floor, Dubuque, Iowa, at which meeting the City Council proposes to dispose of an interest in the following described real property by Lease Supplements to the Iowa Communications and Technology Commission aka ICN: That part of Lot 2 of Finley Home Addition No. 2 in the City of Dubuque, Dubuque County, Iowa, shown on Exhibit A, on which is located a 20 ft. x 20 ft. wooden-frame construction building (locally known as1515 W. 3rd Street) At the meeting, the City Council will receive oral and written comments from any resident or property owner of said City to the above action. Written comments regarding the above public hearing may be submitted to the City Clerk’s Office, City Hall, 50 W. 13th Street, on or before said time of public hearing. Copies of supporting documents for the public hearings are on file in the City Clerk’s Office, and may be viewed during normal working hours. Any visual- or hearing-impaired persons needing special assistance or per- sons with special accessibility needs should contact the City Clerk’s Office at (563) 589-4100 or TTY 563) 690-6678 at least 48 hours prior to the meeting. Dated this 22nd day of March 2019. Kevin S. Firnstahl, CMC City Clerk 1t 3/22 RESOLUTION NO. 99-19 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASES BETWEEN THE CITY OF DUBUQUE, IOWA AND THE IOWA COMMUNICATIONS AND TECHNOL- OGY COMMISSION (ICN) Whereas, the City of Dubuque, Iowa (City) is the owner of the real property described as follows: That part of Lot 2 of Finley Home Addition No. 2 in the City of Dubuque, Dubuque County, Iowa, shown on Exhibit A, on which is located a 20 ft. x 20 ft. wooden-frame construction building (locally known as1515 W. 3 rd Street). (the Leased Premises); and Whereas, City and the ICN intend to enter into a Master Lease Agreement dated March 11, 2019 (the Agreement), which grants the ICN the right to lease certain City property for the purposes and subject to the conditions set forth in the Agreement; and Whereas, the ICN desires to lease certain spaces on and within the Leased Premises; and W hereas, City and ICN have tentatively agreed to the Lease, attached here- to; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to approve the Lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the Leased Premises by Lease between City and ICN; and Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code 364.7 of a public hearing on the City’s intent to dispose of its interest in the Leased Premises by Lease Supplements, to be held on the 1st day of April 2019, at 6:00 o’clock p.m. at the Historic Federal Building, Council Chambers, 350 W. 6th Street, Dubuque, Iowa. Passed, approved and adopted this 18th day of March 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA OFFICIAL NOTICE 1t 3/22 adno=66523EXHIBIT A - THE LEASED PREMISES