Signed Contract_Master Lease Agreement with Dubuque Cellular Telephone Copyrighted
April 19, 2021
City of Dubuque Consent Items # 12.
City Council Meeting
ITEM TITLE: Signed Contract(s)
SUM MARY: First Amendment to Master Lease Agreement with Dubuque Cellular
Telephone, L.P.; Lease Agreement with Dubuque Water Sports Club.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Lease Agreement with Dubuque Water Sports Club Supporting Documentation
Master Lease Agreement with Dubuque Cellular Supporting Documentation
Telephone
FIRST AMENDMENT TO MASTER LEASE AGREEMENT
This AMENDMENT TO MASTER LEASE AGREEMENT(this"AmendmenY') is made as of the date
of the last signature below("Effective Date") between the City of Dubuque, lowa (`Git�'or
"Licensor') and, Dubuque Cellular Telephone, L.P., a Delaware limited partnership("USCOC").
WITNESSETH:
WHEREAS, City and USCOC entered into Master Lease Agreemenf("Agreement"}on October 31,
2019; and
WHEREAS, City and USCOC desire to amend the Agreement as set forth in this Amendment; and
WHEREAS, All other provisions of the Agreement are reiterated, reaffirmed, unchanged, and remain
in full force and effect.
NOW,THEREFORE, in consideration of the mutual covenants contained herein and intending to be
legally bound hereby,the Parties hereto agree as follows:
1. Section 23 af the cuRent Agreement is amended to read:
PUBLIC RECORDS. LESSEE acknowledges that information submitted to the
LESSOR may be open to public inspection under State Law. LESSEE may idenfify
informatian, such as trade secrets, proprietary financial records, customer information
or technical information, submitted to the LESSOR as confidential. LESSEE shall
prominently mark any information for which � claims confidentiality with the word
"Canfidential" on each page of such information prior to submitting such information
to the LESSOR. The LESSOR shall treat any information so marlced as confidential
unti! the LESSOR receives any request for disclosure of such informatian. In the
event LESSOR is requested pursuant to, or required by, applicable law, regulatian, or
legal or administrative process to disclose any confidential info�rnation, LESSOR shall
promptly notify LESSEE in writing within five (5) business days of receiving any such
request, including a copy of the request, at Dubuque Cellular Telephone, L.P., Attn:
Real Estate Lease Administration, 6410 W. Bryn Mawr Avenue, Chicago, IL 60631,
so that LESSEE may apply for a protective order or other appropriate remedy. In the
event that LESSEE does not take any ac#ion to stop such disclosure or obtain a
protective order conceming such disclosure within forty-eight (48) hours after
LESSOR provides such notice to �ESSEE, LESSQR may disclose the requested
information which may include confidential information without any liability to
LESSOR. LESSOR agrees to fumish only that portion of confidential information
sought or advised by counsel to be legally required. In the event that LESSEE does
take any action to stop such disclosure o�obtain a protective order, LESSOR agrees
to cooperate with LESSEE but at no cost or expenses of any kind to LESSOR. The
LESSOR retains the final discretion to determine whether to release the requested
confidential infoRnation, in accordance with applicabie laws.
2. Section 24(�of the current Ag�eement is amended to read:
If the Poles need to be repaired due to storm, accidents or other damage
("Repair Work"), LESSOR shali notify LESSEE to remove its equipment as soon
as possible. In the event of an emergency, LESSOR shall contact LESSEE by
telephone at LESSEE's Network Operations Center at (800-510-6091) prior to
removing LESSEE's equipment. Once the Potes have been replaced or
repaired, LESSOR wili promptly notify LESSEE it can reinstail its equipment.
During LESSOR's Repair Work, LESSEE may maintain a temporary small cell
communications facility on the Property or after approval by LESSOR, on any
land owned or controlled by LESSOR in the vicinity of the Property. If the
Property will not accommodate LESSEE's temporary small cell communications
facifity, or if the Parties cannot agree on a temporary location, or if the Pole(s)
cannot be repaired or replaced within thirty (30) days, LESSEE, at its sole
discretion, shall have the right to terminate the applicable Supplement upon thirty
(30) days written notice to LESSQR. However, at LESSEE's sole option, within
thirty (30) days after the casualty damage, LESSOR must provide LESSEE with
a replacement Supplement to lease space at a new location upon which the
Parties mutually agree.
(fHE REMAINDER OF THIS PAGE INTENTIONA�LY LEFf BLANK]
jsignature page follows)
IN WITNESS WHEREOF,the duly authorized�epresentatives of the parties hereto have executed
this Agreement as of the dates below.
IICENSOR: City of Dubuque, lowa USCOC: Dubuque Celiular Telephone, L.P.
By: United States Cellular Operating Company of
Dubuque
Its: General Partner
������ �?��� ����U
Sigr ature Signature
Michael Van Milligen t�`licheLle.. �������a�.,
Plichael Van Milligen Name
City Manager �,�ctqer' - 5ma.t(. �lts
City Manager Title �
April 9, 2021 �j- I a- 2 02. �
Date Date