Wireless Netowrk License Agreement_DMASWA and Radio DubuqueMasterpiece on the Mississippi
Dubuque
had
NI- America City
'I 1 1 I'
2007
TO Mike Van Milligen, City Manager
FROM Bob Green, Water Department Manager
DATE March 23, 2012
SUBJECT Water Meter Wireless Network Equipment Lease Agreement in Partnership with the Dubuque
Metropolitan Area Solid Waste Agency and Radio Dubuque of Dubuque, Iowa
INTRODUCTION
As part of the water meter change out project there are needs to install collector antenna's to transmit water data to Utility
Billing at City Hall for processing
DISCUSSION
During the construction of the water system it was determined that a collector antenna would need to be installed by the
landfill to communicate water meter data to and from our water meters in this area
In evaluating this area for collector antenna site it was discovered that Radio Dubuque of Dubuque, Iowa has a tower on the
Dubuque Metropolitan Area Solid Waste Agency property and further research found that the Solid Waste Agency was
planning to install equipment on this same tower for their needs
In discussing both our needs with Radio Dubuque resulted in the proposed attached lease agreement between The City of
Dubuque, The Dubuque Metropolitan Area Solid Waste Agency and Radio Dubuque, Inc
The Dubuque Metropolitan Area Solid Waste Agency is to approve their part of this lease agreement during their March 28,
2012 board meeting
ACTION TO BE TAKEN
I am requesting your support on this agreement that it be submitted to the City Council for their review and approval Staff
and I are available to discuss and answer questions you may have
Prepared by
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Attachment
Jenny Larson, Budget Director
Barry Lindahl, City Attorney
Ken TeKippe, Finance Director
Chris Kohlmann, Information Services Manager
TOWER LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA,
THE DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY
AND
RADIO DUBUQUE, INC.
This Tower Lease Agreement ( "the Agreement ") made and entered into as of the
day of y4 1..f`L„ , 2012, by and between Radio Dubuque, Inc.
( "Lessor ") whose dddress for the purpose of this Agreement is 346 West 8th St.,
Dubuque, Iowa 52001, and the City of Dubuque, Iowa, whose address for the purpose
of this Agreement is 50 West 13t Street, Dubuque, Iowa 52001, and the Dubuque
Metropolitan Area Solid Waste Agency ( "DMASWA "), whose address for the purpose of
this Agreement is 925 Kerper Court, Dubuque, Iowa (collectively, "Lessees ").
Lessor is the owner of a broadcast tower ( "the Tower ") and transmitter building
( "the Building ") (collectively, "the Leased Premises ") located on real property leased to
Lessor by DMASWA ( "the Radio Dubuque Leased Premises ") in Section 6, Table
Mound Township, of Dubuque County with an address of 14647 Route 20. Lessees
desire to utilize a portion of the Tower and a portion of the Building on the terms and
conditions set forth herein.
Therefore, for and in consideration of the mutual promises herein contained, the
rental set forth in Section 5 below and other good and valuable consideration, the
sufficiency of which is hereby acknowledged, Lessor and Lessees agree as follows:
SECTION 1. LEASE OF TOWER_. Lessor leases unto Lessees and Lessees rent and
lease from Lessor (a) a designated space on the Tower for the location of Lessees'
equipment and (b) a portion of the Building, as shown on Exhibit A attached hereto.
SECTION 2. GRANT OF EASEMENT. Lessor grants to Lessees easement of rights
over and across the Radio Dubuque Leased Premises for the purpose of access to the
Tower and the Building as required for the installation, maintenance, and operation of its
equipment. Lessees shall have full access to the Tower over, across, and through the
Radio Dubuque Leased Premises at all times, twenty -four (24) hours per day during the
term of this Lease.
SECTION 3. PRIOR APPROVAL. Lessees shall receive from Lessor prior approval
of any person, firm, or corporation hired by Lessees to provide services in connection
with the installation of the equipment on the Tower and subsequent maintenance
thereof. Lessees agree that they shall not use any personnel to provide such services
without receiving prior approval from Lessor. Such access shall not be unreasonably
denied.
SECTION 4. TERM. The term of this Agreement shall be from the 4, day
2012, to midnight on the *-" day of A fphh'L , 2015 ( "the Initial Term "). The
03232012maq
Agreement shall automatically renew for consecutive three -year terms ( "the Renewal
Terms ") unless either party gives the other notice of termination in writing at least sixty
(60) days prior to the end of the Initial Term or any Renewal Term.
SECTION 5. RENT. Lessees agree to pay Lessor annual rent of $3,240 (Three
Thousand Two Hundred Forty dollars) in twelve equal monthly payments of $270
beginning on the I .tday of Ho 9 y , 2012, and on the / Eriday of each month
thereafter during the Initial Term. payment of the rent will be shared by Lessees and
divided between Lessees according to the actual location of Lessees' equipment and
the corresponding costs. Based on the projected placement of Lessees' equipment,
City will pay $125 /month and DMASWA will pay $145 /month, equaling a total monthly
rent in the amount of $270 and a total annual rent in the amount of $3,240. The annual
rent for each year after the Initial Term shall be adjusted by the percentage increase, if
any, in the Consumer Price Index for All Urban Consumers, U.S. City Average, All Items
published by the Bureau of Labor Statistics of the U.S. Department of Labor in effect on
the commencement date of each year as compared to the Consumer Price Index in
effect on the commencement date of the immediately preceding one -.year period.
SECTION 6. RELOCATION OF EQUIPMENT. If Lessor requires Lessees to relocate
their equipment to other locations on the Leased Premises, Lessees shall complete the
relocation of their equipment within thirty (30) days after receipt of written notice from
Lessor. The relocation shall be at Lessor's expense and such expense shall be
approved by Lessor. If such relocation does not meet Lessees' Radio Frequency
requirements or interferes with Lessees' transmission, reception and operation of its
communications system and uses incidental thereto, Lessees may terminate this
Agreement in accordance with Section 11 herein.
SECTION 7. USE OF LEASED PREMISES.
7.1. Lessees shall use the Leased Premises for the installation, operation and
maintenance of radio communications systems and uses incidental thereto, including
but not limited to transmission and reception of radio communications.
7.2 Lessees' equipment used in connection with the installation, operation and
maintenance of radio communications systems is Lessees' personal property and shall
never be considered fixtures to the Leased Premises. Upon termination of this
Agreement, Lessees' equipment shall remain Lessees' personal property and shall be
removed by Lessees in accordance with Sections 11 and 16 of this Agreement.
7.3 Lessees' equipment is described in Appendix A of this Agreement.
SECTION 8. FCC COMPLIANCE. Lessees shall at all times comply with all the rules,
regulations, and requirements of the Federal Communications Commission (FCC). The
failure by Lessees to so comply shall constitute a default.
SECTION 9. INSTALLATION — MAINTENANCE.
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9.1 Lessees, with respect to the installation, maintenance, and repair of their
equipment, agree that:
1) Lessees shall not damage the Leased Premises;
2) Lessees shall not interfere with the maintenance of Lessor's Tower or
tower lighting system or any other equipment now installed on the Leased
Premises;
3) Lessees shall not interfere with the operation of Lessor's radio broadcast
system located at the Leased Premises. In an event that there is any such
interference, if Lessees are unable to promptly remove such interference, then
their use of equipment and the Tower shall terminate immediately upon Lessor's
notice to Lessees, provided Lessees are allowed thirty (30) days from the date of
such notice to remove all of Lessees equipment from the Leased Premises and
this Agreement shall immediately terminate upon such removal;
4) Lessees will provide and maintain the necessary equipment to deliver its
information to the transmitting facility on a full -time basis; and
5) Lessees shall at all times comply with all other state, federal, and local rules
and regulations.
9.2. Lessor, with respect to the installation, maintenance, and repair of the Leased
Premises agree that Lessor shall notify Lessees at least thirty (30) 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 Lessees as soon as practicable.
SECTION 10. EQUIPMENT UPGRADES. Lessees may update or replace their
equipment from time to time with the prior written approval of Lessor. Such approval
shall not be unreasonably withheld. Any change in equipment locations initiated by the
Lessees on the Leased Premises shall be approved in writing by the Lessor.- Lessees
shall submit to Lessor a proposal for any such replacement equipment and any
supplemental materials for Lessor's evaluation.
SECTION 11. PREMISES ACCESS.
11.1 Lessees shall have 24- hour /7 -day access to the Leased Premises by means
reasonably designated by Lessor, in order to install, operate and maintain their radio
communications systems.
11.2 Upon twenty -four (24) hours prior written notice to Lessees, and with an escort
provided by Lessees, Lessor shall be allowed access to Lessees' equipment at
reasonable times to examine and inspect the same for safety reasons or to ensure that
Lessees' covenants are being met.
SECTION 12. EARLY TERMINATION.
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12.1 If, within thirty (30) days after the equipment is operational, Lessor determines
that the transmission of Lessees' information causes a deterioration of the pre- existing
quality of Lessor's transmissions or Lessees determine that Lessor's, transmission
facilities provide an inadequate range or quality of signal to reliably serve Lessees'
customers, then any party may terminate this Agreement by giving the other parties
twenty (20) days written notice. Lessees shall have thirty (30) days to remove all of
Lessees' equipment from. the Leased Premises and this Agreement and all terms
thereof shall terminate upon such removal.
12.2. If, at any point during the term of this Agreement, Lesees' equipment becomes
non - operational due to interference caused by Lessor or Lessor's transmissions,
Lessees shall have the right to terminate this Agreement by giving Lessor twenty (20)
days written notice to Lessor. Lessees shall have thirty (30) days to remove all of
Lessees' equipment from the Leased Premises and this Agreement and all terms
thereof shall terminate upon such removal.
12.3 If any part of the Leased Premises or any portion thereof is altered, damaged or
destroyed, through no fault or negligence of Lessees, so as to materially hinder effective
use of either the Tower or the Building, Lessees may elect to terminate this Agreement
by giving twenty (20) days written notice to Lessor. Lessees shall have thirty (30) days
to remove all of Lessees' equipment from the Leased Premises and this Agreement and
all terms thereof shall terminate upon such removal.
SECTION 13. INDEMNITY AND INSURANCE.
13.1. City and DMASWA each agree to indemnify Radio Dubuque, Inc. and hold Radio
Dubuque, Inc. harmless from any claim which may arise against Radio Dubuque, Inc.
by reason of any action or occurrence by City or DMASWA respectivley, their agents or
employees attributable to the installation, operation, maintenance, or removal of City's
and DMASWA's equipment including, but not limited to, any damage to property or the
injury of any person. Accordingly, City and DMASWA hereby accept the Leased
Premises in their "as is" condition for all purposes including, but not limited to, the
installation and maintenance of equipment at the Leased Premises. This
indemnification clause shall include any liability or obligation of Radio Dubuque, Inc.
arising_ out of any claim by City or DMASWA or any person, firm, or corporation
providing services at the Leased Premises and the premises on which same is located
under the authority or with the permission of Lessees.
13.2. City agrees to indemnify DMASWA and hold DMASWA harmless from any claim
which may arise against DMASWA by reason of any action or occurrence by City, its
agents or employees attributable to the installation, operation, maintenance, or removal
of City's equipment including, but not limited to, any damage to property or the injury of
any person. This indemnification clause shall include any liability or obligation of
DMASWA arising out of any claim by City or any person, firm, or corporation providing
services at the Leased Premises and the premises on which same is located under the
authority or with the permission of City.
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13.3. DMASWA agrees to indemnify City and hold City harmless from any claim which
may arise against City by reason of any action or occurrence by DMASWA, its agents or
employees attributable to the installation, operation, maintenance, or removal of
DMASWA's equipment including, but not limited to, any damage to property or the injury
of any person. This indemnification clause shall include any liability or obligation of City
arising out of any claim by DMASWA or any person, firm, or corporation providing
services at the Leased Premises and the premises on which same is located under the
authority or with the permission of DMASWA.
13.4. City and DMASWA shall keep in force their memberships in the Iowa
Communities Assurance Pool or maintain with an insurance company authorized to do
business in the State of Iowa a policy of comprehensive public liability insurance in
which the limits of coverage for property damage and bodily injury shall not be less than
$1,000,000 per accident, which City and DMASWA shall name Radio Dubuque, Inc. as
an additional insured. Such insurance shall provide coverage against the indemnity
provision set forth above. City and DMASWA shall deliver a certificate of insurance to
Radio Dubuque, Inc. before entering upon the Leased Premises.
13.5. Radio Dubuque, Inc. shall defend, indemnify, and hold harmless City and
DMASWA, their agents and employees from and against any and all claims of any kind
arising out of or related to Radio Dubuque, Inc.'s negligence under this Agreement.
13.6. City shall defend, indemnify, and hold harmless Radio Dubuque, Inc. and
DMASWA, their agents and employees from and against any and all claims of any kind
arising out of or related to City's negligence under this Agreement.
13.7. DMASWA shall defend, indemnify, and hold harmless Radio Dubuque, Inc. and
City, their agents and employees from and against any and all claims of any kind arising
out of or related to DMASWA's negligence under this Agreement.
SECTION 14. ASSIGNMENT AND SUBLETTING. This Lease may not be assigned
or the premises sublet without the prior written approval of Lessor. Said written
approval shall not be unreasonably withheld.
SECTION 15. MECHANIC'S LIENS. Neither Lessees nor anyone claiming by,
through, or under Lessees shall have the right to file or place any mechanic's lien or
other lien of any kind or character whatsoever upon the Leased Premises or upon any
building or improvement located thereon.
SECTION 16. LIMITATION OF LIABILITY. Under no circumstances shall any party
be liable to another party for any indirect, special, or consequential damages including,
but not limited to, any claim for loss of business.
SECTION 17. TERMINATION AND DEFAULT.
17.1. Upon the default in payment of rent or upon any other material default by
Lessees, this Agreement may at the option of Lessor, be cancelled and forfeited on
thirty (30) days written notice by Lessor to Lessees.
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17.2. The rights granted herein shall be in addition to and not in limitation of any other
rights, or remedies available to the Lessor.
SECTION 18. ENTIRE AGREEMENT. This Agreement constitutes the entire
Agreement of the parties hereto and shall supersede all prior agreements.
SECTION 19. BINDING EFFECT. All covenants, conditions and provisions of this
Agreement shall inure to the benefit of and be binding upon the parties hereto and their
respective successors and assigns.
SECTION 20. MODIFICATIONS. This Agreement may not be modified, except in
writing, signed by the party against whom such modification is sought to be enforced.
SECTION 21. ATTORNEY'S FEES. In any action on this Agreement at law or in
equity, the prevailing party shall be entitled to recover the reasonable costs of its
successful case, including reasonable attorney's fees and costs of appeal.
SECTION 22. NON - WAIVER. Failure of Lessor or Lessees to insist on strict
performance of any of the conditions, covenants, terms or provisions of this Agreement
or to exercise any of their rights hereunder shall not waive such rights, but each party
shall have the right to enforce such rights at 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 another after a breach of this Agreement shall not be deemed a waiver of
such breach unless expressly set forth in writing.
SECTION 23. APPLICABLE LAW AND VENUE. This Agreement shall be governed
by the laws of the State of Iowa and venue for any action with respect to this Agreement
shall be in Dubuque County, Iowa.
SECTION 24. MISCELLANEOUS.
24.1 Lessor and Lessees represent that each, respectively, has full right, power and
authority to execute this Agreement.
24.2 If any term of this Agreement is found to be void or invalid, such invalidity shall
not affect the remaining terms of this Agreement, which shall continue in full force and
effect.
24.3 In any case where the approval or consent of one party hereto is required,
requested or otherwise to be given under this Agreement, such party shall not
unreasonably delay or otherwise withhold its approval or consent.
24.4 All Riders and Exhibits annexed hereto form material parts of this Agreement.
24.5 This Agreement may be executed in duplicate counterparts, each of which shall
be deemed an original.
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24.6 All notices and correspondence related to this Agreement shall be sent to the
following:
Lessor: Radio. Dubuque, Inc.
Thomas Parsley
346 W. 8th St
Dubuque, Iowa 52001
Lessees: City of Dubuque, Iowa
Michael C. Van Milligen
City Manager
50 West 13th Street
Dubuque, IA 52001 -4845
Dubuque Metropolitan Area Solid Waste Agency
David T. Resnick Chairperson
925 Kerper Court
Dubuque, IA 52001 -4250
IN WITNESS WHEREOF, the parties have executed this Agreement on the day
and year first above written.
Lessees:
Lessor:
CITY OF DUBUQUE, IOWA RADIO DUBUQ INC.
inoyAlli
By: By: L't/ - ��.�A4 �
Michael C. Van Milligen Thomas Parsley
City Manager
DUBUQUE METROPOLITAN AREA
SOLID WASTE AGENCY
By: tiJ 60v --Ex
David T. Resnick, Chairperson
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EXHIBIT A
8
EXHIBIT B
Radio Equipment — Located at 50' on Tower
Mechanical Dimensions
Integrated Outdoor
Radio /Antenna (OB)
Indoor Injector
15 x 15 4 in (38 x 38 x 12 cm)
6 x 3 x 1 in (15 2 x 7.6 x 2.5 cm)
Radio
Frequency
5 725 -5 850 GHz license- exempt UNII & ISM Bands
Non - overlapping Channels ISM, UNII 5 x 20 MHz, 2 x 40
MHz * International Versions can operate between 4.9 -6.0
GHz. (Frequencies Depends on Local Regulations)
•
9
Weight
Camera Equipment Located at 55' - 70' on Tower
AXIS Q6035: Camera: 2.6 kg (5.7 Ib.), camera with drop - ceiling
mount: 3.2 kg (7.1 Ib.)
AXIS Q6035 -E: 3.5 kg (7.7 Ib.)
AXIS Q6035 -E
E
E
8
0232 mm (9.11
10
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
bierd
All-America City
1
2007
SUBJECT: Water Meter Wireless Network Equipment Lease Agreement in
Partnership with the Dubuque Metropolitan Area Solid Waste Agency and
Radio Dubuque of Dubuque, Iowa
DATE: March 23, 2012
Water Department Manager Bob Green recommends City Council approval of a Water
Meter Wireless Network Equipment Lease Agreement in partnership with the Dubuque
Metropolitan Area Solid Waste Agency and Radio Dubuque. This agreement will allow
the City of Dubuque to install a collector antenna on Radio Dubuque's tower located on
the Dubuque Metropolitan Area Solid Waste Agency property to transmit water data to
the Utility Billing Department from water meters in the area of the Dubuque Metropolitan
Area Solid Waste Agency property.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Bob Green, Water Department Manager
Water Meter Reading Equipment Located at 75' - 100' on tower
(1) The R450 Data Collector Wireless Network System (Antennae, Collector) receives,
stores, and communicates meter reading data from customers' R450 Meter Interface Unit
(MIU);
(2) The R450 Data Collector Wireless Network System utilizes frequencies in the 450 -470
MHz licensed band to receive meter reading data from the MIU;
(3) The R450 Mhz Antennae will be attached to tower located at the site at a height of
approximately 75' - 100' feet from the ground level. The antenna has a length of no greater
than 9';
(4) The R450 collector is preferably mounted with the network equipment in or by the data
rack
Antennae
AC -
powered
External)
AntennaE
ARB® FixedBaseTM AMI R450TM DATA COLLECTOR
11
Power input
R450
Data Collector