NICC/AT&T Easement Agreement
tJ
~t4
L~
PresUknt
RobertJ. Denson
Secretary to President
and Board
Janet Bullerman
Trustees
Linus Rothmeyer
President
Calmar
Dr. Kenneth Reimer
VIce President
Elkader
Ross Edwards
Fredericksburg
Jim Anderson
Decoroh
Jean Sharff
Oelwein
RobertLeMay
Dyersville
EmilMi1œStackis
Dubuque
Larry Blatz
Dubuque
Ronda Kirkegaard
Dubuque
Northeast Iowa Community College
Calmar 8 Peosta 8 Dubuque 8 Oelwein 8 Manchester 8 New Hampton
February 29,2000
Mayor and City Council
City of Dubuque
50 W, 13th Street
Dubuque, IA 52001-4845
Dear Mayor and City Council Members:
As President ofthe Northeast Iowa Community College Board of Trustees,
I would like to express our support for the cooperative effort between NICC
and the City of Dubuque in bringing ICN fiber to NICC's Dubuque Center.
The new Iowa Communications Network video classroom at the Dubuque
Center will enable the College to offer more classes to citizens of your city.
It is the mission of Northeast Iowa Community College to respond to
changing educational needs. One demonstrated need is for college classes
closer to where students live, and this cooperative project between the City
and NICC will help us meet that need.
Sincerely,
¿~1 Ç} Bif~
Linus F, Rothmeyer
President
Board of Trustees
0. a
a
0":;:: :::: :0
L: "'"
CT ::<;J !Ïl
ç I :;
m
c': :11
0" """
~ -~ <
5> O? m
0 0
CD :-
w
Office of the President, P. O. Box 400, Calmar, IA 52132
Phone 319-562-3263 or 1-800-728-2256, ex!. 201 FAX 319-562-3719
Internet densonr@nicc.cc.ia,us
RESOLUTION NO. 108-00
A RESOLUTION OF THE CITY OF OUBUQUE APPROVING OF AN EASEMENT
AGREEMENT BETWEEN THE CITY OF OUBUQUE, IOWA AND AT&T CABLE SERVICES
FOR THE INSTALLATION AND OPERATION OF A FIBER OPTIC COMMUNICATION
CABLE WITHIN SPECIFIC SECTIONS OF CITY -OWNED CONDUIT.
WHEREAS. the City Council of the City of Dubuque, Iowa encourages the extension
of the distance learning capabilities and services of the Iowa Communications Network
(ICN) to schools, colleges, libraries, government, and other public entities within
the corporate 1 imits of the City of Dubuque, and
WHEREAS. Northeast Iowa Communl ty College (N. I. C. C) has invested cons i derab 1 e
resources and institutional commitment to the remodeling and maintenance of a Dubuque
Downtown Learning Center which will lnclude an ICN distance-learning classroom. and
WHEREAS, pursuant to its franchi se and other agreements with the City of
Dubuque, AT&T Cable Services installed and maintalns optical fiber links between the
Iowa Communications Network point-of-presence at 1515 W. 3rd St. and schools, colleges,
libraries and other public entities throughout the City, and
WHEREAS. representatives of the City, ICN, N. I .C.C., and AT&T propose a physical
route and terms of an Easement Agreement to connect the N. I. C. C. Downtown Learni ng
Center to the Iowa Communications Network Vla AT&T optical fiber. including an
approximate 500 ft. segment within City-owned conduit from the Dubuque Law Enforcement
Center WLEC) and the N.I.C.C. Learning Center, and
WHEREAS. the City Council fl nds the terms of the proposed Easement Agreement to
be reasonable, fair to all parties and beneficial to the community.
NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Sect ion 1. That the attached Easement Agreement 1 s hereby approved and the Ci ty
Manager is authori zed to sign and admi nl ster thi s agreement on beha If of the Ci ty of
Dubuque.
PASSED. APPROVED and ADOPTED this 20th day of March. 2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne Schneider. City Clerk
.
EASEMENT AGREEMENT
The CITY OF DUBUQUE, lOW A, an Iowa municipal corporation, (hereinafter referred
to as "Grantor"), whose mailing address is City Hall, Dubuque, Iowa. in consideration of one
dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, does hereby grant and convey on the terms and conditions set forth herein. to
AT&T CABLE SERVICES, INC., (hereinafter referred to as "Grantee"), an easement for the
installation and maintenance of one fiber optic cable in the conduit installed and maintained by
the Grantor located on the land described on Exhibit A attached hereto (Easement Premises), for
the purposes of providing service to the Northeast Iowa Community College facility at 7th Street
& Town Clock Plaza, Dubuque, Iowa.
.
RESERVING, however, unto the Grantor, its successors and assigns, the right to
construct, place, operate, maintain, alter, repair, replace, renew, improve and remove the said
conduit or other City facilities above, below and on the surface of the Easement Premises,
including, without limitation, transmission by conduit, fiber optics, cable, wire or other means of
electricity, voice data. video, digitized information, or other materials or information, pipelines,
utility lines including the right of ingress and egress in any manner and further reserving unto
Grantor, its successors and assigns, all right and privilege of ingress and egress to said Easement
Premises as Grantor, its successors and assigns may require to investigate and remediate
environmental contamination and hazards, and further reserving the right and privilege to use
said land for any and all purposes not inconsistent with Grantee's use as set forth herein; and
THIS GRANT IS SUBJECT TO THE FOLLOWING CONDITIONS:
I. Grantee shall bear the costs of removal, relocation or reconstruction of any
improvements, or other facilities, the removal, relocation or reconstruction of which is made at
Grantee's request and made necessary by reason of Grantee's use of the Easement Premises.
2. Grantor also reserves the right to use the Easement Premises in any other manner
which is consistent with the rights granted to Grantee hereunder. The Easement Premises are
subject to any other permits, leases, licenses or other grants which Grantor has made or may
make affecting any of its property. Grantor also reserves the right to grant to any other person or
entity the permission to construct, maintain, use, operate, relocate, reconstruct and renew such
facilities as Grantor may, from time to time, determine to allow within the Easement Premises, so
long as any such transfer does not unreasonably interfere with the rights of Grantee granted
hereunder. Grantee shall, at its own cost and expense, make adjustment with any other lessee or
licensee of Grantor for any improvements that may be required to be relocated, reconstructed, or
destroyed by reason of the construction or maintenance of the Easement Premises.
.
3. Grantee shall not use or dispose of any toxic or hazardous substances or materials on
or near the Easement Premises, and Grantee shall obey all federal, state, and local laws and
regulations, including, but not limited to, those related in any way to toxic or hazardous
materials. Grantee assumes all responsibility for any environmental damage created by any
activity of Grantee and Grantee hereby indemnifies and agrees to hold Grantor harmless from any
.
",
liability, claim, costs or damages related to any environmental liability arising out of Grantee's
activities under this Agreement. This indemnification applies to all causes of action of any kind
whatsoever, including those under Comprehensive Environmental Response, Compensation, and
Liability Act, (CERCLA), or Resource Conservation and Recovery Act, (RCRA), or any other
applicable federal, state or local law or ordinance.
4. If at any time the use of the Easement Premises for the purposes of serving Northeast
Iowa Community College should be abandoned or discontinued by the Grantee its successors or
assigns, this easement shall cease. Grantee shall surrender or cause to be surrendered to that
Grantor or its successors or assigns, the peaceable possession of the Easement Premises, and title
to the Easement Premises shall remain in the Grantor or its successors or assigns, free and clear
of all rights and claims of the Grantee. Any cables or other equipment installed in the Easement
Premises shall not be removed and shall become the property of Grantor.
.
.
5. ASSUMPTION OF LIABILITIES.
a.
By accepting this Agreement, Grantee hereby assumes all risk and agrees to
indemnify and hold Grantor harmless from and against any liability, claim, cost,
or damage on account of personal injury to or death of any persons whomsoever,
or damage to or destruction of property to whomsoever belonging, including but
not limited to property of the Grantor arising from or growing out of acts or
omissions. negligent or otherwise, of Grantee, its successors, assigns, licensees,
invitees, or whomsoever is using the Easement Premises in accordance with
permission granted hereunder. Nothing in this indemnity provision shall be
construed to require Grantee to indemnify Grantor against any claims for which
indemnity is precluded by law.
b.
Grantee shall not create or permit any condition on the Easement Premises that
could present a threat to human health or to the environment. Grantee shall
indemnify and hold harmless Grantor from any suit or claim, costs or obligations
with respect to any environmental condition caused by, contributed to, or
aggravated by Grantee's presence on and use of the Easement Premises or
Grantee's violation of any laws, ordinances, regulations or requirements
pertaining to solid or other wastes, weeds, chemicals, oil and gas, toxic, corrosive,
or hazardous material, air, water (surface or groundwater) or noise pollution, and
the storage, handling, use or disposal of any such material. Grantee shall bear the
expense of all practices or work, preventative or remedial, which may be required
because of the Grantee's use of the Easement Premises. Grantee shall also give
Grantor timely notice of all measures undertaken by or on behalf of Grantee to
investigate, remediate, respond to or otherwise cure such release or violation
caused by Grantee. If Grantor receives notice from Grantee or otherwise of a
release or violation of environmental laws which occurred or is occurring as a
result of Grantee's use of the Easement Premises Grantor may require Grantee to,
-2-
.
.
.
at Grantee's sole expense, take timely measures to investigate, remediate, respond
to, or otherwise cure such release or violation as caused by Grantee. Nothing in
this indemnity provision shall be construed to require Grantee to indemnifY
Grantor against any claims for which indemnity is precluded by law.
6. The Easement hereby granted is non-exclusive, and Grantor reserves the right to use
the property in any manner which is consistent with the rights granted hereunder.
7. Grantee will pay any taxes, charges, or assessments that may be levied or assessed
against it as a result of any facilities installed by Grantee under this Agreement.
8. INSURANCE.
a.
Grantee agrees to obtain, to keep in force and effect, and to pay premiums on
worker's compensation insurance for those of its employees who are concerned in
any way with Grantee's performance under this Agreement.
b.
Grantee will furnish Grantor with valid Certificates of Insurance for liability
insurance as set forth in the attached insurance schedule in advance of any activity
on Grantor's property. All of the above insurance policies and certificates, except
for worker's compensation, must name the Grantor as an additional insured.
9. Grantor make no warranties as to its title, nor does Grantor undertake to defend the
peaceable possession, use or enjoyment of the property by Grantee.
10. Grantor reserves the right to cross over the Easement Premises at any point for the
purpose of construction or maintenance.
11. All notices hereunder to be given by one party to the other may be given by letter
from the party or its agent or attorney and forwarded by Certified Mail, Return Receipt
Requested, postage prepared, addressed to the other party at that party's mailing address above
stated or at such address as may later be given in writing.
12. Each party signing this document represents that he or she has authority to bind
hislher respective entity.
13. Any violation of any term or condition of this Agreement shall entitle the Grantor to
terminate the Agreement after providing Grantee a 30-day notice of the violation and 30 days to
cure the violation.
Subject to the foregoing provision, this Agreement and all of the covenants and promises
herein shall inure to the benefit of and be binding upon the parties hereto, and their respective
successors and assigns.
-3-
e
.
.
CITY OF DUBUQUE, IOWA
BY:
STATE OF IOWA, )
)ss:
COUNTY OF DUBUQUE)
This instrument was acknowledged before me on the - day of
2000, by Michael C. Van Milligen, City Manager, City of Dubuque, Iowa.
Notary Public for the State of Iowa
Residing at
My commission expires:
STATE OF IOWA
)
)ss:
)
COUNTY OF DUBUQUE
This instrument was acknowledged before me on the - day of
2000, by
Notary Public for the State of Iowa
Residing at
My commission expires:
-4-
I "
I .~
DLEC
(Y)
I---
RAMP
<=)
f'-.
.........
Nice
'BLDG.
'\
l
RAMP
TOWN CLOCK PLAZA
<=)
f'-.
.........
Exhibit A
Easement Premises
Showing the proposed route of conduit
and fiber optic cable from the Dubuque
Law Enforcement Center under Iowa
and 8th Streets, alongside the Iowa Street
Parking Ramp and under the alley to the
Northeast Iowa Community College
Downtown Learning Center.
Proposed Route:
Other City Fiber:
.
.
.
EASEMENT AGREEMENT
The CITY OF DUBUQUE, lOW A, an Iowa municipal corporation. (hereinafter referred
to as "Grantor"), whose mailing address is City Hall, Dubuque, Iowa. in consideration of one
dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, does hereby grant and convey on the terms and conditions set forth herein. to
AT&T CABLE SERVICES, INC., (hereinafter referred to as "Grantee"). an easement for the
installation and maintenance of one fiber optic cable in the conduit installed and maintained by
the Grantor located on the land described on Exhibit A attached hereto (Easement Premises), for
the purposes of providing service to the Northeast Iowa Community College facility at 7'h Street
& Town Clock Plaza, Dubuque, Iowa.
RESERVING, however, unto the Grantor, its successors and assigns, the right to
construct, place, operate, maintain, alter, repair, replace, renew, improve and remove the said
conduit or other City facilities above, below and on the surface of the Easement Premises,
including, without limitation, transmission by conduit, fiber optics, cable. wire or other means of
electricity, voice data, video, digitized information, or other materials or information, pipelines,
utility lines including the right of ingress and egress in any manner and further reserving unto
Grantor, its successors and assigns, all right and privilege of ingress and egress to said Easement
Premises as Grantor, its successors and assigns may require to investigate and remediate
environmental contamination and hazards, and further reserving the right and privilege to use
said land for any and all purposes not inconsistent with Grantee's use as set forth herein; and
THIS GRANT IS SUBJECT TO THE FOLLOWING CONDITIONS:
I. Grantee shall bear the costs of removal, relocation or reconstruction of any
improvements, or other facilities, the removal, relocation or reconstruction of which is made at
Grantee's request and made necessary by reason of Grantee's use of the Easement Premises.
2. Grantor also reserves the right to use the Easement Premises in any other manner
which is consistent with the rights granted to Grantee hereunder. The Easement Premises are
subject to any other permits, leases, licenses or other grants which Grantor has made or may
make affecting any of its property, Grantor also reserves the right to grant to any other person or
entity the permission to construct, maintain, use, operate, relocate, reconstruct and renew such
facilities as Grantor may, from time to time, determine to allow within the Easement Premises, so
long as any such transfer does not unreasonably interfere with the rights of Grantee granted
hereunder, Grantee shall, at its own cost and expense, make adjustment with any other lessee or
licensee of Grantor for any improvements that may be required to be relocated, reconstructed, or
destroyed by reason of the construction or maintenance of the Easement Premises,
3, Grantee shall not use or dispose of any toxic or hazardous substances or materials on
or near the Easement Premis<:s, and Grantee shall obey all federal, state, and local laws and
regulations, including, but not limited to, those related in any way to toxic or hazardous
materials. Grantee assumes all responsibility for any environmental damage created by any
activity of Grantee and Grantee hereby indemnifies and agrees to hold Grantor harmless from any
.
liability, claim, costs or damages related to any environmental liability arising out of Grantee's
activities under this Agreement. This indemnification applies to all causes of action of any kind
whatsoever, including those under Comprehensive Environmental Response, Compensation, and
Liability Act, (CERCLA), or Resource Conservation and Recovery Act, (RCRA), or any other
applicable federal, state or local law or ordinance.
4. If at any time the use of the Easement Premises for the purposes of serving Northeast
Iowa Community College should be abandoned or discontinued by the Grantee its successors or
assigns, this easement shall cease. Grantee shall surrender or cause to be surrendered to that
Grantor or its successors or assigns, the peaceable possession of the Easement Premises, and title
to the Easement Premises shall remain in the Grantor or its successors or assigns, free and clear
of all rights and claims of the Grantee, Any cables or other equipment installed in the Easement
Premises shall not be removed and shall become the property of Grantor.
.
.
5, ASSUMPTION OF LIABILITIES.
a.
By accepting this Agreement, Grantee hereby assumes all risk and agrees to
indemnifY and hold Grantor harmless from and against any liability, claim, cost,
or damage on account of personal injury to or death of any persons whomsoever,
or damage to or destruction of property to whomsoever belonging, including but
not limited to property of the Gfantor arising from or growing out of acts or
omissions, negligent or otherwise, of Grantee, its successors, assigns, licensees,
invitees, or whomsoever is using the Easement Premises in accordance with
permission granted hereunder, Nothing in this indemnity provision shall be
construed to require Grantee to indemnifY Grantor against any claims for which
indemnity is precluded by law,
b,
Grantee shall not create or permit any condition on the Easement Premises that
could present a threat to human health or to the environment. Grantee shall
indemnifY and hold harmless Grantor from any suit or claim, costs or obligations
with respect to any environmental condition caused by, contributed to, or
aggravated by Grantee's presence on and use of the Easement Premises or
Grantee's violation of any laws, ordinances, regulations or requirements
pertaining to solid or other wastes, weeds, chemicals, oil and gas, toxic, corrosive,
or hazardous material, air, water (surface or groundwater) or noise pollution, and
the storage, handling, use or disposal of any such material. Grantee shall bear the
expense of all practices or work, preventative or remedial, which may be required
because of the Grantee's use of the Easement Premises, Grantee shall also give
Grantor timely notice of all measures undertaken by or on behalf of Grantee to
investigate, remediate, respond to or otherwise cure such release or violation
caused by Grantee. If Grantor receives notice from Grantee or otherwise of a
release or violation of environmental laws which occurred or is occurring as a
result of Grantee's use of the Easement Premises Grantor may require Grantee to,
-2-
.
.
.
at Grantee's sole expense, take timely measures to investigate, remediate, respond
to, or otherwise cure such release or violation as caused by Grantee, Nothing in
this indemnity provision shall be construed to require Grantee to indemni.tÿ
Grantor against any claims for which indemnity is precluded by law.
6, The Easement hereby granted is non-exclusive, and Grantor reserves the right to use
the property in any manner which is consistent with the rights granted hereunder.
7. Grantee will pay any taxes, charges, or assessments that may be levied or assessed
against it as a result of any facilities installed by Grantee under this Agreement.
8, INSURA.t\'CE.
a.
Grantee agrees to obtain, to keep in force and effect, and to pay premiums on
worker's compensation insurance for those of its employees who are concerned in
any way with Grantee's performance under this Agreement.
b,
Grantee will furnish Grantor with valid Certificates of Insurance for liability
insurance as set forth in the attached insurance schedule in advance of any activity
on Grantor's property, All of the above insurance policies and certificates, except
for worker's compensation, must name the Grantor as an additional insured.
9, Grantor make no warranties as to its title, nor does Grantor undertake to defend the
peaceable possession, use or enjoyment of the property by Grantee.
10. Grantor reserves the right to cross over the Easement Premises at any point for the
purpose of construction or maintenance.
II, All notices hereunder to be given by one party to the other may be given by letter
from the party or its agent or attorney and forwarded by Certified Mail, Return Receipt
Requested, postage prepared, addressed to the other party at that party's mailing address above
stated or at such address as may later be given in writing,
12, Each party signing this document represents that he or she has authority to bind
hislher respective entity.
13. Any violation of any term or condition of this Agreement shall entitle the Grantor to
terminate the Agreement after providing Grantee a 30-day notice of the violation and 30 days to
cure the violation,
Subject to the foregoing provision, this Agreement and all of the covenants and promises
herein shall inure to the benefit of and be binding upon the parties hereto, and their respective
successors and assigns,
-3-
.
.
.
a CABLE SERVICES
BY: áe/ J(J~
STATE OF IOWA
)
)ss:
COUNTY OF DUBUQUE)
This instrument was acknowledged before me on the S+ll day of 42-'1-1. '1
2000, by Michael C. Van Milligen, City Manager, City of Dubuque, Iowa.
~1- '-lÙ ¿¡~ > ¡;~kJ
Not~ Public for the State of Iowa -r.
Restdmg at--:f)u f2;, U 14 11. ¡:; , J.A
My commission expires: Jj-,;;;t.(-O-Z,
STATE OF /t.î1Jt'J
COUNTY OF Ip/It-
)
)ss:
)
as acknowledged before me on the loA- day of £,n';
It , '
T'
2000, by
kwJ- .~ æL~id I
Notary Publi~ fpr the Sta~e of / óu)/{../
Residing at !íU¡¡JI/U-t<.. (!.p .
My commission expires: f- 3/r !ClOt
DAWN D. ANCTIL
MY COMMISSION EXPIRES
AUGUST 31, 2001
-4-
'Ir
I
DLEC
.--<
(')
I--
RAMP
a
r--..
NICC
BLDG.
r--..
~
T
,
RAMP
TOWN CLOCK PLAZA
a
r--..
.--<
Exhibit A
Easement Premises
Showing the proposed route of conduit
and fiber optic cable from the Dubuque
Law Enforcement Center under Iowa
and 8th Streets, alongside the Iowa Street
Parking Ramp and under the alley to the
Northeast Iowa Community College
Downtown Learning Center.
Proposed Route:
Other City Fiber: