Proposed Lease Agreement Between the City of Dubuque and Comelec Internet Services_HearingCity of Dubuque
City Council Meeting
Public Hearings # 5.
Copyrighted
November 15, 2021
ITEM TITLE: Proposed Lease Agreement Between the City of Dubuque and
Comelec Internet Services
SUMMARY: Proof of publication on notice of public hearing to consider City Council
approval of a lease with Comelec Internet Services for space on the 3rd
Street Water Tower, and City Manager recommending approval.
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
RESOLUTION Approving the disposal of an interest in real property
owned by the City of Dubuque by Lease Supplement between the City of
Dubuque, Iowa and Comelec Internet Services, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
Comelec Lease Agreement-MVM Memo
Comelec 3rd Street Water Tower Lease Memo to the
City Manager
Resolution Approving Lease and Ground Space
Agreement
West 3rd - Comelec Lease Agreement
Comelec calculator of annual payments with inflation
Type
City Manager Memo
Staff Memo
Resolutions
Supporting Documentation
Supporting Documentation
THE CITY OF
Dubuque
DUB E
All -America City
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Masterpiece on the Mississippi
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zoo�.*o 13
2017202019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Lease Agreement Between the City of Dubuque and Comelec
Internet Services
DATE: November 10, 2021
Information Services Manager Chris Kohlmann, Civil Engineer II Dave Ness and
Sustainable Innovation Consultant David Lyons recommend City Council approval of a
lease with Comelec Internet Services for space on the 3rd Street Water Tower. The
term of the lease would be 15 years. Comelec would pay an annual lease of $8,400.00
which is increased 3% annually. Comelec will be responsible for removing the old radio
tower, previously used by JULE Transit, which is no longer of value or use to the City
and which needs to be removed from the property to allow for other future uses of the
space.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell City Attorney
Cori Burbach, Assistant City Manager
Dave Ness, Civil Engineer II
Chris Kohlmann, Information Services Manager
David Lyons, Sustainable Innovation Consultant
THE CITY OF
DUB TE
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Dave Ness, Civil Engineer II
Chris Kohlmann, Information Services Manager
David Lyons, Sustainable Innovation Consultant
Dubuque
IIFlmeriw Cft
2007-2012.2013
2017*2019
SUBJECT: Proposed Lease Agreement Between the City of Dubuque and Comelec
Internet Services
DATE: November 9, 2021
INTRODUCTION
This memo is requesting consideration for a new Lease with Comelec for space on the
3rd Street Water Tower.
T_T6] 20]:19111 z I ki
Comelec Internet Services is a locally owned and operated telecommunication and
internet services provider. It is contemplating expansion of its wireless supported
services and would like to lease space on the 3rd Street Water Tower to accomplish
that objective. Comelec and the City have a successful history of collaborations under
their existing Master Shared Service Agreement.
DISCUSSION
There are multiple communication providers with equipment located on the City's 3rd
Street Water Tower. Comelec has provided the City's Water Department with an
engineering review and installation outline for a potential new installation and are ready
to proceed. The term of the lease would be 15 years. Comelec also contemplates re-
using existing infrastructure that was left behind by an earlier lessee. Comelec would
pay an annual lease of $8,400.00 which is increased 3% annually.
In addition, Comelec will be responsible for removing the old radio tower, previously
used by JULE Transit, which is no longer of value or use to the City and which needs to
be removed from the property to allow for other future uses of the space. Also, it is
anticipated that Comelec will enter into a lease for space at a future date in the
telecommunications but previously used for the public safety emergency radio system at
that site when that building can be made ready by the City.
BUDGETIMPACT
Entering into this lease should have a positive budgetary impact on the City as it will
generate new lease revenue and help the City avoid the cost of the old radio tower
removal.
ACTION REQUESTED
Approval of this lease would support the City's Broadband Acceleration Initiative while
generating new revenue to the City. Please review this memo and the proposed lease
and let us know if you have any questions. We would respectfully request approval of
the lease agreement with Comelec Internet Services through adoption of the enclosed
resolution. Thank you.
CC Crenna Brumwell, City Attorney
Barry Lindahl, Senior Counsel
Steve Brown, Project Engineer
Chris Lester, Water Department
Prepared by Chris Kohlmann, Information Services Manager, 1300 Main St Dubuque IA 52001 (563)-589-4280
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13'h St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 405-21
APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY
THE CITY OF DUBUQUE BY LEASE SUPPLEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND COMELEC INTERNET SERVICES, LLC
Whereas, the City of Dubuque, Iowa (City) is the owner of the real property
described as follows:
Property at 1575 West Third Street, Dubuque, IA, legally described as Lots 23 & 24 of the
Finley Home Addition in Dubuque, Iowa, Dubuque County, Iowa (the Property)
; and
Whereas, City and Comelec Internet Services, LLC entered into a Master Lease
Agreement dated April 1, 2019 (the Agreement), which granted Comelec the right to lease
certain City property for the purposes and subject to the conditions set forth in the
Agreement; and
Whereas, Comelec desires to lease certain space on the Water Tower on the
Property as shown on Exhibit B; and
Whereas, City and Comelec have tentatively agreed to the Lease Supplement,
attached hereto: and
Whereas, the City Council, by Resolution No. 383-21 dated November 1, 2021
declared its intent to dispose of City interest in Premises; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque
to approve the Lease Supplement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Water Tower & Ground Space Lease Agreement between the City
and Comelec Internet Services is hereby approved, and the Mayor is authorized to
execute said Water Tower & Ground Space Lease Agreement on behalf of the City of
Dubuque.
Passed, approved, and adopted this 15th day of November 2021.
ekLI
Roy D. B I, Mayor
Attest:
G+?tom. 4 ")Z,�4
Adrienne N. Breitfelder, City Clerk
EXHIBIT B
SITE PLAN
City:
Site Number:
Site Name:
WATER TOWER & GROUND SPACE LEASE
This Water Tower and Ground Space Lease (the "Lease") is made and entered into this
Jam" day of Umr 2021, by and between THE CITY OF DUBUQUE, IOWA, acting by
and through its City Manager, whose address is 50 W. 13th Street, Dubuque, IA 52001-
4845, hereinafter referred to as "Lessor", and Comelec Internet Services, LLC., an
Iowa limited liability company, having an address a 4190 Pennsylvania Avenue,
Dubuque, Iowa 52002
Background
A. Lessor is the owner in fee simple of a parcel of land located in the City of Dubuque,
Dubuque County, State of Iowa, legally described on the attached Exhibit A (the "Owned
Premises"), on which a water tower (the "Tower") is located. The street address of the
Owned Premises is 1575 West Third Street, Dubuque, IA 52001.
B. Lessee desires to lease space on the top of the Tower for the installation and
operation of a microwave communication antenna facility, which shall include Antenna(s),
connecting cables and appurtenances (collectively, "Wireless Telecommunication
Antenna Facility") for use in connection with its communication business.
C. Accordingly, the parties are entering into this Lease on the terms and conditions
set forth below.
Agreement
In consideration of their mutual covenants, the parties agree as follows:
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1. Leased Premises.
Lessor leases to Lessee and Lessee leases from Lessor a portion of the Owned
Premises, consisting of (i) space on the Tower, (ii) easements for ingress/egress and
utilities as shown on the Site Plan/Legal Description attached as Exhibit A (collectively,
the "Leased Premises"). Lessee intends to locate its antenna on the Water Tower as
more fully described on the attached Exhibit B. Lessee may not add additional equipment
and/or antenna(s) from that shown on Exhibit B without the prior written approval of
Lessor.
This Lease is not a franchise pursuant to state, local, or federal law, nor is it a permit to
use the right-of-way. Any such franchise or permit must be obtained separately.
2. Term.
The initial term of this Lease shall commence on the date specified on the commencement
letter by the Lessor sent from the Lessee (the "Commencement Date") and end on the
fifteenth Anniversary of the Commencement Date.
3. Rent.
a. Lessee shall pay to Lessor as annual rent for the Leased Premises the sum of
eight thousand four hundred dollars ($8,400.00) (the "Base Rent"). Lessee shall pay
Lessor Base Rent for the first year on the Commencement Date, and for each year
thereafter on the Anniversary of the Commencement Date, unless the Base Rent is
abated pursuant to Section 16 herein. Base Rent shall be increased annually as
described in Section 3(b) herein.
b. The Base Rent shall be increased annually effective as of each Anniversary of the
Commencement Date by an amount of three percent (3%) of the previous year's Base
Rent.
4. Use of Premises.
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a. Lessee shall use the Leased Premises for the installation, operation, and
maintenance of its Microwave Telecommunication Antenna Facility for the transmission,
reception and operation of a communications system and uses incidental thereto and for
no other uses. Lessor may permit others to use other portions of the Tower or Owned
Premises. Lessee may NOT sublease space on the Tower or Owned Premises to any
other entity.
b. Lessee shall, at its expense, comply with all present and future federal, state, and
local laws, ordinances, rules and regulations (including laws and ordinances relating to
health, radio frequency emissions, radiation and safety) in connection with the use,
operation, maintenance, construction and/or installation of the Microwave
Telecommunication Antenna Facility on the Leased Premises.
c. Lessee shall, at its expense, remove the existing radio tower identified in Exhibit B. .
Prior to commencing removal of the tower, Lessee shall provide Lessor for review and
approval a Removal Specifications Plan which shall include, but is not limited to, a
detailed description of the removal process, proposed contractors, public safety
procedures and certification that all local state and federal requirements are or will be met
during the removal process.
d. (1) The Microwave Telecommunication Antenna Facility is agreed to be
Lessee's property and shall never be considered fixtures to the real estate. Upon
termination of the Lease, the Lessee shall remove the Microwave Telecommunication
Antenna Facility and any underground improvements from the Leased Premises within
ninety (90) days. Such removal shall be done in a workmanlike and careful manner and
without interference or damage to any other equipment, structures or operations on the
Leased Premises, including use of the Leased Premises by Lessor or any of Lessor's
assignees or Lessees. If, however, Lessee requests permission to not remove all or a
portion of the improvements, and Lessor consents to such non -removal, title and liability
to the affected improvements shall thereupon transfer to Lessor and the same thereafter
shall be the sole and entire property of Lessor, and Lessee shall be relieved of its duty to
otherwise remove same.
(2) Upon removal of the improvements (or portions thereof) as provided in Section
4(d)(1) herein, Lessee shall restore the affected areas of the Leased Premises to the
conditions which existed prior to this Lease, reasonable wear and tear excepted.
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(3) All costs and expenses for the removal and restoration to be performed by Lessee
pursuant to Section 4(d)(1), (2) herein shall be borne by Lessee, and Lessee shall hold
Lessor harmless from any portion thereof.
e. The Lessee shall, at its cost and expense, be required to execute and file with the
Lessor a bond in an amount of $25,000 to assure the faithful performance of the terms
and conditions of this Lease. The full amount of the bond or security shall remain in full
force and effect throughout the term of the Lease and/or until any necessary site
restoration is completed to restore the site to a condition comparable to that, which existed
prior to Lessee's improvements.
5. Waiver of Lessor's Lien.
Lessor acknowledges that Lessee may or has entered into a financing arrangement
including promissory notes and financial and security agreements for the financing of the
Microwave Telecommunication Antenna Facility (the "Collateral") with a third -party
financing entity (and may in the future enter into additional financing arrangements with
other financing entities). In connection therewith Lessor (i) consents to the installation of
the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii)
agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy,
attachment, or distress for any Rent due or to become due and that such Collateral may
be removed at any time without recourse to legal proceedings.
6. Construction Standards.
The antenna(s), connecting cables and appurtenances of the Microwave
Telecommunication Antenna Facility shall be installed on the Leased Premises in a good
and workmanlike manner without the attachment of any construction liens. Per the Lessor
approved and signed construction drawings, Lessor may require Lessee to paint, shield
and/or screen, the lessee improvements including painting the antennas and painting
and/or shielding the coaxial cables in a manner consistent with the color of the Tower and
require additional landscape screening.
7. Installation of Equipment.
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a. Lessee shall have the right, at its sole cost and expense, to install, operate
and maintain its Microwave Telecommunication Antenna Facility on the Leased
Premises, as described on Exhibit B, in accordance with good engineering practices and
with all site standards, statutes, ordinances, rules and regulations now in effect or that
may be issued thereafter by the Federal Communications Commission or any other
governing bodies. Lessee shall communicate and coordinate with Lessor all construction
activities for the initial installation. Lessor will require that Lessor personnel be on site to
observe the initial installation activities. Lessee agrees to reimburse the Lessor for the
personnel expense for only the initial installation activities at a rate of $85.30 per hour.
Lessee shall pay the invoiced fees within thirty (30) days of receipt of said invoice. Total
charges by Lessor shall not exceed Three Thousand Two Hundred dollars ($3,200.00).
b. Lessee's installation of such a Microwave Telecommunication Antenna Facility
shall be done according to plans approved by Lessor, whose approval shall not be
unreasonably withheld, conditioned or delayed. Any damage done to the Tower, the
Railing and/or other structures by Lessee or its contractors or representatives during
installation and/or operations shall be repaired or replaced immediately at Lessee's
expense and to Lessor's reasonable satisfaction. In connection with the installation and
operation of the Microwave Telecommunication Antenna Facility, Lessee shall not make
any penetrations of walls or roof of the Tower without Lessor's prior written consent.
C. Within thirty (30) days of the completion of the initial installation of the Microwave
Telecommunication Antenna Facility, Lessee shall provide Lessor with an inspection
report showing the installation is in compliance with the Construction Drawings, and
Exhibit B. Lessee shall also within such thirty (30) day period, at Lessee's sole expense,
deliver to Lessor a certification from an Iowa certified professional engineer that the
installation is in all respects in accordance with Exhibit B. If any regulatory agency
requires the Lessor to provide as -built drawings for any work undertaken by Lessee on
Lessee's own equipment, then Lessee shall provide Lessor with required as -built
drawings within forty-five (45) days of notification by Lessor for the need of such drawings.
8. Maintenance.
a. Lessee shall, at its own expense, maintain the Leased Premises and any
equipment on or attached to the Leased Premises in a safe condition, in good repair and
in a manner suitable to Lessor so as not to conflict with the use of, or other leasing, of the
5
Vent Cap or Railing or other portions of the Tower by Lessor. Lessee shall not interfere
with the use of the Vent Cap or Railing, the Tower, related facilities or other equipment of
other lessees.
b. Lessee shall have sole responsibility for the maintenance, repair, and security of
its equipment, personal property, leasehold improvements, and omnidirectional
antenna(s), connecting cables, and appurtenances of the Microwave Telecommunication
Antenna Facility, and Lessee shall keep the same in good repair and condition during the
term of the Lease, and as such Lease terms may be renewed and extended.
C. Lessee shall keep the Leased Premises free of debris and anything of a
dangerous, noxious or offensive nature or which would create a hazard or undue
vibration, heat, noise or interference.
d. In the event the Lessor or any other lessee undertakes painting, construction,
repair or other alterations on the Vent Cap or Railing or the Tower, Lessee shall take
reasonable measures at Lessee's cost to cover Lessee's equipment, personal property,
leasehold improvements, and antenna(s), connecting cables, and appurtenances of the
Microwave Telecommunication Antenna Facility and protect such from paint and debris
fallout which may occur during the painting, construction or alteration process. Lessor
shall notify Lessee at least ninety (90) days prior to any construction, painting, repair or
other alterations begun by Lessor or any other lessee, unless said construction, painting,
repair or alterations must be made on an emergency basis, in which case Lessor shall
notify Lessee as soon as practicable. Unless resulting from negligent actions or omissions
of, or willful misconduct of, Lessor, its employees, agents or contractors, Lessor shall not
be liable for any damage or lost revenue incurred by Lessee from such painting,
construction, repair or alterations. Equipment and or Antenna(s) to be temporarily
relocated from tank during time of repairs be at NO expense to the Lessor. Lessor shall
take reasonable actions to provide space satisfactory to Lessee in the location in order
for Lessee to operate temporary microwave facilities during the course of any
maintenance that cannot be completed without Lessee's relocation. Lessor shall take all
reasonable steps possible to ensure that Lessee is off the Tower for the minimum length
of time possible.
9. Premises Access.
C
a. Lessee shall have 24-hour/7-day access to the Leased Premises by means
reasonably designated by Lessor, subject to notice requirements to Lessor in Section 9(b)
herein, in order to install, operate and maintain its Microwave Telecommunication
Antenna Facility.
b. Lessee shall have reasonable access to the Tower in order to install, operate and
maintain its antenna, connecting cables, and appurtenances. Lessee shall have access
to such Tower only with the prior written approval of Lessor. Lessee shall request access
to the Tower twenty-four (24) hours in advance, except in an emergency.
10. Utilities.
Unless the Leased Premises is immediately adjacent to public right-of-ways for ingress,
egress, and utilities, Lessor hereby grants to Lessee the following described Easement
Parcels appurtenant to the Leased Premises:
Use: Access. Width/Length:
Use: Utilities. Width/Length
Lessee shall, at its expense, separately meter charges for the consumption of electricity
and other utilities associated with its use of the Leased Premises and shall timely pay all
costs associated therewith.
11. RF Interference.
a. Non-interference by Lessee. Lessee warrants that its use of the Lease Area will
not interfere with the existing radio frequency uses on the Property, as long as the existing
radio frequency user(s) operate and continue to operate within their respective
frequencies and in accordance with all applicable laws and regulations.. Lessee agrees
to immediately cure any such RF interference caused by Lessee's equipment or, if such
RF interference cannot immediately be cured, to temporarily reduce power or cease the
offending operations, if so demanded by Lessor on the ground of RF interference, until a
cure at full power is achieved.
b. Non-interference by Lessor. Lessor covenants to use Lessor's best efforts to
protect Lessee from RF interference caused or potentially caused by subsequent Users
or Lessees of the Leased Premises or changes in its use.
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12. Monetary Default by Lessee.
Lessee shall be in default of this Lease if Lessee fails to make payment of rent, or any
other sums, when due and such failure continues for fifteen (15) days after Lessor notifies
Lessee in writing of such failure.
13. Non-monetaN Default by Lessee.
If one of the parties fails to comply with any non- monetary provision of this Lease which
the other party claims to be a default hereof, the non -defaulting party shall serve written
notice of such default upon the defaulting party, whereupon a grace period of 30 days
shall commence to run during which the defaulting party shall undertake and diligently
pursue a cure of the default. Such grace period shall automatically be extended for an
additional thirty (30) days, provided the defaulting party makes a good faith showing that
efforts toward a cure are continuing.
14. Cure or Termination by Lessor.
a. In the event of any default of this Lease by Lessee, the Lessor may at any time,
after giving notice, cure the default for, and at the expense of the Lessee. If Lessor is
compelled to pay, or elects to pay, any sum of money or incurs any expense, the sums
or expenses so paid by Lessor, with all interest, costs, and damages, shall be deemed
Additional Rent due from the Lessee to Lessor on the first day of the month following their
payment by Lessor.
b. If Lessor at any time fails to perform any of its obligations under this Lease or does
not make repairs that are needed to protect the health, safety, and welfare of the Lessee,
Lessor or Lessor's other Lessees, Lessee shall have the right, but not the obligation, upon
giving the Lessor at least two (2) days prior written notice of its election to do so (except
in the event of emergency, when no prior notice shall be required) to perform such
obligations on behalf of and for the account of Lessor, and to take all necessary action to
perform such obligations. Lessee's costs and expenses incurred in performing such
obligations of Lessor shall promptly be reimbursed by Lessor with interest at the highest
rate allowable by applicable law.
N.
C. Subject to Paragraph 13, In the event of default of this Lease by Lessee, or if
Lessee loses its FCC license for any reason, including, but not limited to, non -renewal,
expiration, or cancellation, Lessor shall have the right, at its option, in addition to and not
exclusive of any other remedy Lessor may have by operation of law, without any further
demand or notice, to re-enter the Leased Premises and eject all persons therefrom, and
terminate this Lease. Lessor shall give Lessee thirty (30) days notice of its exercise of its
right of termination of this Lease. Such notice of termination shall be given to Lessee in
writing by certified mail, return receipt requested, and shall be effective upon receipt of
such notice. All prepaid rent payments received by Lessor from Lessee shall be retained
by Lessor. Upon termination of this Lease, Lessee shall remove the Microwave
Telecommunication Antenna Facility in accordance with Section 5(c) hereof.
15. Lessee's Conditions Precedent. This Lease and Lessee's obligations hereunder,
including the obligations to pay rent, are expressly conditioned upon and subject to the
following:
a. Lessee must receive all necessary local, state, and federal governmental
approvals and permits relating to Lessee's intended use of the Leased Premises; Lessor
agrees to cooperate with Lessee in obtaining all such approvals and permits;
b. Lessee's technical reports must establish to Lessee's exclusive satisfaction that
the Leased Premises are capable of being suitably engineered to accomplish Lessee's
intended use of the Leased Premises; and
C. Lessee's title insurer must determine that Lessor owns good and clear marketable
title to the land underlying the Leased Premises, and that such title is free from
encumbrances and restrictions which would interfere with Lessee's intended use of the
Leased Premises or would impair Lessee's ability to pledge the leasehold estate as
collateral to secure debt financing.
16. Abatement of Rent Pendin Conditions.
Lessee shall have no obligation to pay rent until all the Conditions Precedent have been
satisfied or waived, and rent which would otherwise be due for the intervening time
pending satisfaction of the Conditions Precedent is hereby excused and forgiven.
0
17. Option to Terminate.
Lessee shall have the unilateral right to terminate this Lease at any time by giving at least
three (3) months prior written notice to Lessor of Lessee's exercise of this option. Lessee
shall not be entitled to any refund of the Rent upon such termination, and Lessee shall
remove the Microwave Telecommunication Antenna Facility in accordance with Section
4(c) herein. Such notice of termination shall be given to Lessor in writing by certified mail,
return receipt requested, and shall be effective upon receipt of such notice.
18. Alteration, Damage or Destruction. If the Vent Cap or Railing or Tower or any
portion thereof is altered, damaged or destroyed, through no fault or negligence of
Lessee, so as to materially hinder effective use of the Microwave Telecommunication
Antenna Facility, Lessee may elect to either operate a temporary telecommunications site
on the premises until the tower is rebuilt or terminate this Lease. In such event, Lessee
shall remove the Microwave Telecommunication Antenna Facility from the Leased
Premises in accordance with Section 4(c), less any alteration, damage or destruction
hindering effective use of the Vent Cap or Railing or Tower. This Lease and Lessee's
obligations hereunder shall terminate upon Lessee's fulfillment of Section 4(c), at which
time Lessee shall be entitled to reimbursement of any prepaid rent.
19. Condemnation.
In the event the Owned Premises are taken by eminent domain, this Lease shall terminate
as of the date title to the Owned Premises vests in the condemning authority. In the event
a portion of the Leased Premises is taken by eminent domain, either party shall have the
right to terminate this Lease as of said date of title transfer, by giving thirty (30) days
written notice to the other party. In the event of any taking under the power of eminent
domain, Lessee shall not be entitled to any portion of the reward paid for the taking and
the Lessor shall receive full amount of such award. Lessee shall hereby expressly waive
any right or claim to any portion thereof although all damages, whether awarded as
compensation for diminution in value of the leasehold or to the fee of the Leased
Premises, shall belong to Lessor. Lessee shall have the right to claim and recover from
the condemning authority, but not from Lessor, such compensation as may be separately
awarded or recoverable by Lessee on account of any and all damage to Lessee's
business and any costs or expenses incurred by Lessee in moving/removing its, personal
property, antenna, connecting cables, appurtenances, and other leasehold
10
improvements.
20. Mutual Indemnification.
a. Lessee's Indemnification. Unless resulting from negligent actions or omissions of,
or willful misconduct of, Lessor, its employees, agents or contractors, Lessee agrees to
hold Lessor, it's officers and employees, harmless and indemnify them, and, at Lessor's
option, defend them from and against all liability, damages, losses, costs, causes of
action, charges and expenses, including reasonable attorney fees, which they may
sustain, incur or be liable for arising out of or related to Lessee's use or occupancy of the
Leased Premises and its facilities.
b. Lessor's Indemnification. Unless resulting from negligent actions or omissions of,
or willful misconduct of, Lessee, its employees, agents or contractors, Lessor agrees to
hold Lessee, it's officers and employees, harmless and indemnify it, and, at Lessee's
option, defend it from and against all liability, damages, losses, costs, causes of action,
charges and expenses, including reasonable attorney fees, which Lessee may sustain,
incur or be liable for arising out of or related to Lessor's use or occupancy of the property
and buildings of which the Leased Premises and the easement parcels are a part.
21. Insurance.
Lessee shall provide such insurance as is required by the Insurance Schedule attached
hereto (Exhibit C). The limits of liability required to be maintained hereunder may be
increased or decreased by mutual consent of the parties, which consent shall not be
unreasonably withheld by either party in the event of any factors or occurrences including
substantial increases in the level of jury verdicts or judgments or the passage of state or
federal or other governmental regulations which would materially increase or decrease
either parties' exposure to risk.
22. Environmental Warrantv.
Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material
on, under, about or within the Owned Premises in violation of any law or regulation. Lessor
represents, warrants and agrees (1) that neither Lessor nor, to Lessor's knowledge, any
third party has used, generated, stored or disposed of, or permitted the use, generation,
11
storage or disposal of, any Hazardous Material on, under, about or within the Owned
Premises in violation of any law or regulation, and (2) that Lessor will not, and will not
permit any third party to use, generate, store or dispose of any Hazardous Material on,
under, about or within the Owned Premises in violation of any law or regulation. Lessor
and Lessee each agree to defend, indemnify and hold harmless the other and the other's
partners, affiliates, agents and employees against any and all losses, liabilities, claims
and/or costs (including reasonable attorneys' fees and costs) arising from any breach of
any representation, warranty or agreement contained in this paragraph. As used in this
paragraph, "Hazardous Material" shall mean petroleum or any petroleum product,
asbestos, any substance known by the State in which the Owned Premises is located to
cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that
is identified as hazardous, toxic or dangerous in any applicable federal, state or local law
or regulation. This paragraph shall survive the termination of this Lease.
23. Holding Over.
Any holding over after the expiration of the term hereof, with the consent of the Lessor,
shall be construed to be a tenancy from month to month at one hundred and twenty-five
percent (125%) times the rents herein specified (prorated on a monthly basis) and shall
otherwise be on the conditions herein specified, so far as applicable.
24. Subordination.
Lessee agrees to subordinate this Lease to any mortgage or trust deed which may
hereafter be placed on the Leased Premises, provided such mortgagee or trustee
thereunder shall ensure to Lessee the right to possession of the Leased Premises and
other rights granted to Lessee herein so long as Lessee is not in default beyond any
applicable grace or cure period, such assurance to be in form reasonably satisfactory to
Lessee. If requested by Lessee, Lessor agrees to use Lessor's best efforts to assist
Lessee in obtaining from any holder of a security interest in the land underlying the
Leased Premises a non -disturbance agreement in form reasonably satisfactory to
Lessee.
25. Acceptance of Premises.
By taking possession of the Leased Premises, Lessee accepts the Leased Premises in
12
the condition existing as of the Commencement Date. Lessor makes no representation
or warranty with respect to the condition of the Leased Premises and Lessor shall not be
liable for any latent or patent defect in the Leased Premises.
26. Estoppel Certificate.
Upon at least ten (10) days prior written notice from Lessor, Lessee shall deliver to Lessor
a written statement certifying that (i) the Lease is unmodified and in full force, or if the
Lease has been modified, that the Lease is in full force as modified and the modifications
are then identified; (ii) the dates to which rent and other charges have been paid; (iii) so
far as the certifying party knows, Lessor is not in default under any provisions of the
Lease; and (iv) such other matters as Lessor may reasonably request.
27. Notices. All notices and correspondence shall be sent to the following:
Lessor: City Manager Lessee: Comelec Internet Services, LLC
City of Dubuque 4900 Pennsylvania Avenue
50 W. 13th Street Dubuque, IA 52002
Dubuque, IA 52001-4845
28. Assignment of Lease by Lessee.
Lessee may not assign, or otherwise transfer all or any part of its interest in this Lease or
in the Leased Premises without the prior written consent of Lessor, said consent not be
unreasonably withheld, conditioned or delayed; provided, however, that Lessee may
assign its interest to its parent company, any subsidiary or affiliate of it or its parent
company or to any successor -in -interest or entity acquiring fifty-one percent (51 %) or
more of its stock or assets, subject to any financing entity's interest, if any, in this Lease
as set forth in Paragraph 5 above. Lessor may assign this Lease upon written notice to
Lessee, subject to the assignee assuming all of Lessor's obligations herein, including but
not limited to, those set forth in Paragraph 5 above. Notwithstanding anything to the
contrary contained in this Lease, Lessee may assign, mortgage, pledge, hypothecate or
otherwise transfer without consent its interest in this Lease to any financing entity to whom
Lessee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has
13
obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has
obligations under or with respect to letters of credit, bankers acceptances and similar
facilities or in respect of guaranties thereof.
29. Binding Effect.
All of the covenants, conditions, and provisions of this Lease shall inure to the benefit of
and be binding upon the parties hereto and their respective successors and assigns.
30. Entire Agreement.
This Lease constitutes the entire Agreement between the parties and supersedes any
prior understandings or oral or written agreements between the parties respecting the
within subject matter.
31. Modifications.
This Lease may not be modified, except in writing signed by the party against whom such
modification is sought to be enforced.
32. Non -Waiver.
Failure of Lessor or Lessee to insist on strict performance of any of the conditions,
covenants, terms or provisions of this Lease or to exercise any of its rights hereunder
shall not waive such rights, but each party shall have the rights to enforce such rights at
any time and take such action as might be lawful or authorized hereunder, either in law
or equity. The receipt of any sum paid by one party to the other after a breach of this
Lease shall not be deemed a waiver of such breach unless expressly set forth in writing.
33. Property Taxes.
a. Lessee shall pay any taxes assessed on, or any portion of such taxes attributable
to, the Microwave Telecommunication Antenna Facility. Lessor shall pay when due, or
claim an appropriate exemption from, all real property taxes and all other fees and
assessments attributable to the land underlying the Leased Premises. However, Lessee
shall pay, as Additional Rent, any real property taxes or increase in real property taxes
14
levied against the Leased Premises which is directly attributable to Lessee's use of the
Leased Premises or any Lessee improvements thereof, and Lessor agrees to furnish
proof of such increase to Lessee.
b. Lessor's requests to Lessee for contribution or reimbursement of property taxes
should be submitted in writing to Lessee. All requests must be accompanied by a copy of
Lessor's paid,tax receipt. Lessee shall comply with requests for contribution by issuing a
check for Lessee's proportionate share made payable to the tax collector. Lessee shall
comply with requests for reimbursement by issuing a check to Lessor, provided that a
paid tax receipt accompanies such request.
C. Lessee shall have the right, but not the obligation, to pay Lessor's real estate taxes
on the underlying land if the same become delinquent, to ensure that Lessee's leasehold
interest does not become extinguished. Lessee shall be entitled to take a credit against
rent for the portion of Lessor's taxes which it was not Lessee's obligation to pay, as such
amount shall reasonably be substantiated.
34 Headings.
The headings of this Lease are for convenience only and shall not be considered as part
of the Lease for purposes of construction of the terms and conditions hereof.
35. Miscellaneous.
a. Lessor and Lessee represent that each, respectively, has full right, power, and
authority to execute this Lease.
b. This Lease shall be construed in accordance with the laws of the State of Iowa.
C. If any term of this Lease is found to be void or invalid, such invalidity shall not affect
the remaining terms of this Lease, which shall continue in full force and effect.
d. Lessor acknowledges that a Memorandum of Lease in the form annexed hereto
as Exhibit E will be recorded by the Lessee in the official records of Dubuque County,
Iowa.
15
e. In any case where the approval or consent of one party hereto is required,
requested or otherwise to be given under this Lease, such party shall not unreasonably
delay or otherwise withhold its approval or consent.
f. All Riders and Exhibits annexed hereto form material parts of this Lease.
g. This Lease may be executed in duplicate counterparts, each of which shall be
deemed an original.
END OF AGREEMENT
(Signature Page Follows Next)
16
Signature Page
IN WITNESS WHEREOF, the parties hereto bind themselves to this Ground Lease as of
the day and year first above written.
Lessor:
The City of Dubuque, Iowa
By: r/
Roy Buol
Mayor
Lessee:
LESSEE:
Comelec Internet Services, LLC
Printed:
Title:
Date: AO -..�?— o9, I
17
ATTEST:
By �Z� /7 64k64
Adrienne Breitfelder
City Clerk
EXHIBIT A
LEGAL DESCRIPTION
Lots 23 & 24 of the Finley Home Addition
in Dubuque, Iowa.
18
EXHIBIT B
SITE PLAN
19
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A
Lessee shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the
coverage required in Exhibit I prior to 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. Lease Agreement dated
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa 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 Finance Department of the City of Dubuque.
4. The lessee, licensee, or permittee shall be required to carry the minimum coverage/limits, or
greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required
minimum 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. Whenever a specific ISO form is referenced the current edition of the form must be used unless
an equivalent form is approved by the Director of Finance and Budget. The lessee, licensee, or
permittee must identify and list in writing all deviations and exclusions from the ISO form.
8. If lessee's, licensee's, or permittee's limits of liability are higher than the required minimum limits
then the lessee's, licensee's, or permittee's limits shall be this agreement's required limits.
9. 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.
10. Lessee, license & permittees shall be responsible for deductibles and self -insured retention and
for payment of all policy premiums and other costs associated with the insurance policies
required below.
11. All certificates of insurance must include agents name, phone number and email address.
12. The City of Dubuque reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required by this Schedule at any time.
13. The City of Dubuque reserves the right to modify these requirements, including limits, based on
changes in the risk or other special circumstances during the term of the agreement, subject to
mutual agreement of the parties.
Page 1 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees April 2021
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 $2,000,000
Products -Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
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 CG 00 01 or business
owners form BP 00 02. All deviations from the standard ISO commercial general
liability form CG 0001, or Business owners form BP 00 02, shall be clearly
identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General
Aggregate Limit."
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement (Sample
attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10
(Ongoing operations) or its equivalent.
6) Policy shall include Waiver of Right to Recover from Others Endorsement.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A Statutory�State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer
�P
If, by Iowa Code Section 85.1A, the lessee, licensee, or permittee is not required to
purchase Workers' Compensation Insurance, the lessee, licensee, or permittee shall
have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability
Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as
required by Iowa Code Section 87.22. Completed form must be attached.
Page 2 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees April 2021
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A (Continued)
C) POLLUTION LIABILITY
Coverage required: —Yes —*—No
Pollution liability coverage shall be required if the lessee, contracting party, or permittee
has any pollution exposure for abatement of hazardous or contaminated materials
including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs.
Pollution product and completed operations coverage shall also be covered.
Each occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 2010.
(Ongoing operations) or its equivalent and CG2037(completed operations) or
its equivalent.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
D) PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT
* Yes No
Evidence of property coverage provided: _ Yes
Include the City of Dubuque as Lender Loss Payable.
E) RIGHT-OF-WAY WORK ONLY:
UMBRELLAIEXCESS $1,000,000
* Yes No
The General Liability, Automobile Liability and Workers Compensation insurance
requirements may be satisfied with a combination of primary and Umbrella or Excess
Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of
the primary policies, it shall include the same endorsements as required of the primary
policies including Waiver of Subrogation AND Primary and Non-contributory in favor of
the City.
F) FLOOD INSURANCE
Yes * No
If Required Coverage $
Page 3 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees April 2021
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
Please be aware that naming the City of Dubuque as an additional insured as is required by this
Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code
sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent
form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting
any defense of governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Chani a in PDliGV. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 4 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees April 2021
Exhibit E
Memorandum of Lease
Prepared by and upon recording please return to:
Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001
MEMORANDUM OF WATER TOWER & GROUND SPACE LEASE
This Memorandum of WATER TOWER & GROUND SPACE LEASE is
made this day of 2021 between by and between THE CITY OF
DUBUQUE, IOWA, 50 W. 13th Street, Dubuque, IA 52001-4845, hereinafter referred to
as "Lessor", and Comelec Internet Services, LLC, 4190 Pennsylvania Avenue, Dubuque,
Iowa 52002 hereinafter referred to as "Lessee".
1. LESSOR and LESSEE entered into a Water Tower & Ground Space Lease (the
"Agreement") on , 2021 for an initial term of fifteen (15) years,
commencing on the Commencement Date and ending on the fifteenth Anniversary
of the Commencement Date.
2. Lessor owns the property as further described on Exhibit A attached hereto ("Owned
Premises"). Lessor leases to Lessee and Lessee leases from Lessor a portion of
the Owned Premises, consisting of (i) space on the Tower, Lessee intends to
locate its antenna on the Tower as more fully described on the attached Exhibit B.
3. The Commencement Date of the Agreement, of which this is a Memorandum, is
set forth in the Agreement.
4. The terms, covenants and provisions of the Agreement, the terms of which are
hereby incorporated by reference into this Memorandum, shall extend to and be
binding upon the respective executors, administrators, heirs, successors and
assigns of LESSOR and LESSEE.
IN WITNESS WHEREOF, the parties hereto bind themselves to this Ground Lease as of
the day and year first above written.
I
CITY OF DUBUQUE, IOWA
Barry A. Lindahl, Esq., Senior Counsel
STATE OF IOWA
: SS:
DUBUQUE COUNTY
On this day of , 20_, before me, a Notary Public in and for the State of
Iowa, in and for said county, personally appeared Barry A. Lindahl, to me personally
known, who being by me duly sworn did say that he is Senior Counsel of the City of
Dubuque, a Municipal Corporation, created and existing under the laws of the State of
Iowa and that said instrument was signed on behalf of said Municipal corporation by
authority and resolution of its City Council and said Senior Counsel acknowledged said
instrument to be the free act and deed of said Municipal Corporation by it voluntarily
executed.
Notary Public, State of Iowa
3
EXHIBIT A
LEGAL DESCRIPTION
Lots 23 & 24 of the Finley Home Addition in Dubuque, Iowa, Dubuque County, Iowa.
EXHIBIT B
SITE PLAN
r
Year
Payment Date
Payment
3% annual Inflator
1
12/1/2021
4,375.00
-
2
11/30/2022
4,506.25
131.25
3
11/30/2023
4,641.44
135.19
4
11/30/2024
4,780.68
139.24
5
11/30/2025
4,924.10
143.42
6
11/30/2026
5,071.82
147.72
7
11/30/2027
5,223.98
152.15
8
11/30/2028
5,380.70
156.72
9
11/30/2029
5,542.12
161.42
10
11/30/2030
5,708.38
166.26
11
11/30/2031
5,879.63
171.25
12
11/30/2032
6,056.02
176.39
13
11/30/2033
6,237.70
181.68
14
11/30/2034
6,424.83
187.13
15
11/30/2035
6,617.58
192.75
16
11/30/2036
6,816.11
198.53
17
11/30/2037
7,020.59
204.48
18
11/30/2038
7,231.21
210.62
19
11/30/2039
7,448.14
216.94
20
11/30/2040
7,671.59
223.44
117,557.89
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, 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:
11/05/2021
and for which the charge is 60.88
Subscribed to before me, a Notary c in and for
Dubuque County, Iowa,
this 5th day of November, 2021
Notary b c in and for Dubuqul County, Iowa.
JANET K. PAPE
` Commission Number 199559
My Comm. Exp. DEC 11, 2022
Ad text : CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council
will conduct a public hearing on the 15th day of November,
2021, at 6:30 p.m., in the Historic Federal Building, 350 W.
6th Street, 2nd floor, Dubuque, Iowa, at which meeting the
City Council proposes to dispose of the Citys interest in real
property pursuant to the Lease Supplement between the City and
Comelec Internet Services, LLC. A copy of the Lease Supplement
is on file at the Office of City Clerk, and may be viewed
Monday through Friday between 8:00 a.m. and 5:00 p.m.
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. The official agenda will be posted
the Friday before the meeting and will contain public input
options. The City Council agenda can be accessed at
https://cityofdubuque.novusagenda.com/AgendaPublic/ or by
contacting the City Clerks Office at 563-589-4100,
ctyclerk@cityofdubuque.org.
Written comments regarding the above public hearings may be
submitted to the City Clerk's Office via email at
ctyclerk@cityofdubuque.org or by mail to City Clerk's Office,
City Hall, 50 W. 13th St., Dubuque, IA 52001, before said
time of public hearing. At said time and place of public
hearings the City Council will receive any written comments.
Individuals with limited English proficiency, vision,
hearing, or speech impairments requiring special assistance
should contact the City Clerk's Office at (563) 589-4100, TDD
(563) 690-6678, ctyclerk@cityofdubuque.org as soon as
feasible. Deaf or hard -of -hearing individuals can use Relay
Iowa by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the 1st day
of November, 2021.
Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 383-21
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY
THE CITY OF DUBUQUE BY LEASE SUPPLEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND COMELEC INTERNET SERVICES, LLC
Whereas, the City of Dubuque, Iowa (City) is the owner of
the real property described as follows:
Property at 1575 West Third Street, Dubuque, IA, legally
described as Lots 23 & 24 of the Finley Home Addition in
Dubuque, Iowa, Dubuque County, Iowa (the Property)
; and
Whereas, City and Comelec Internet Services, LLC entered
into a Master Lease Agreement dated April 1, 2019 (the
Agreement), which granted Comelec the right to lease certain
City property for the purposes and subject to the conditions
set forth in the Agreement; and
Whereas, Comelec desires to lease certain space on the Water
Tower on the Property as shown on Exhibit B; and
Whereas, City and Comelec have tentatively agreed to the
Lease Supplement, attached hereto; and
Whereas, the City Council believes it is in the best
interest of the City of Dubuque to approve the Lease
Supplement.
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 Property by Lease Supplement between City and
Comelec.
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 Citys
intent to dispose of its interest in the Property by Lease
Supplement, to be held on the 15th day of November, at 6:30
oclock p.m. at the Historic Federal Building, Council
Chambers, 350 W. 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 1st day of November 2021.
/&/Roy D. Buol, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
It 11/5