CITY OF SOUTH SIOUX CITY, NEBRASKA · CITY OF SOUTH SIOUX CITY COUNCIL AGENDA March 26, 2007 2 4....

CITY OF SOUTH SIOUX CITY COUNCIL AGENDA March 26, 2007

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CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL – Excused Absence A current copy of the Open Meetings Act is posted on the north wall in the rear of the Council Chambers and is available for review by all citizens in attendance. The City of South Sioux City reserves the right to adjust the order of items on this agenda if necessary and may elect to take action on any of the items listed.

1. CONSENT AGENDA a. MINUTES of COUNCIL MEETING – March 12, 2007 http://www.southsiouxcity.org/egov/docs/1174595431_793762.pdf b. STANDING COMMITTEES REPORTS

Public Works Minutes - March 19, 2007 http://www.southsiouxcity.org/egov/docs/1174594978_952972.pdf Finance Minutes – March 23, 2007 http://www.southsiouxcity.org/egov/docs/1174673787_606903.pdf LEC Minutes - Hyperlink

c. Severe Weather Awareness Week – April 2-6 Hyperlink d. Animal Control Report FY Ending 2006 Hyperlink e. Spring Photo Contest Rules - Hyperlink f. PRESENTATION OF CLAIMS #2007- 06. This is a detailed list of bills for the various suppliers to

the City for goods and services. Hyperlink

2. COUNCIL AFFILIATED CLAIMS Hale and Bengtson claims will be voted on together. Ehrich and Hallstrom claims will be voted on together.

COUNCIL PERSON AFFILIATIONS

25691 SSC AREA CHAMBER OF COMM MAR05 LEG MTG HALE $10.00 25808-25802 SSC AREA CHAMBER OF COMM GOV DAY HALE $35.00

02/15/2007 MARRIOTT CORNHUSKER HOTEL Hale Motel Room NE League of Cities Conf. $239.16 SSC AREA CHAMBER OF COMME 3/12 LEGIS MEETING HALE $10.00 SSC AREA CHAMBER OF COMME 3/19 LEGIS MTG HALE $10.00

25801-25802 SSC AREA CHAMBER OF COMM GOV DAY BENGTSON $35.00

25791 AL BENGTSON REIM MI NLC FEB 2007 $154.42 25801-25802 SSC AREA CHAMBER OF COMM GOV DAY HALLSTROM $35.00

02/15/2007 MARRIOTT CORNHUSKER HOTEL Ehrich Motel Room NE League of Cities Conf. $266.56

TOTAL $795.14 3. PRESENTATION OF PETITIONS AND OTHER COMMUNICATION

a. Public Hearing for the 5-Year Annual Housing Agency Plan FY 2007 – The Public and City Council are invited to comment on items that they would like the City and the Housing Agency to address regarding housing in our community. Presentation of plan by Cindy Sahlfeld, Executive Director of the South Sioux City Housing Agency.

b. Public Hearing – Community Development Block Grant Application Hyperlink

http://www.southsiouxcity.org/egov/docs/1174595431_793762.pdf




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4. INTRODUCTION OF RESOLUTIONS AND ORDINANCES

c. Resolution – NE Community Improvement Program (NCIP) Intent to Enter Hyperlink d. Resolution – Pymt., Sid Dillon, Wahoo, NE; $27,173.97 – 2007 Silverado Water Dept. Pickup.

Public Works letter of recommendation is attached. Hyperlink e. Albenesius Contracting, Inc., Change Order Increase; $176,707.98 – Westside Water Loop.

Comes with a favorable recommendation from the Public Works Committee. Hyperlink f. Resolution – Pymt., Albenesius Contracting; $120,843.41 – Westside Water Loop Hyperlink g. Resolution – Pymt., Olsson Associates; $4,785.10 – 2nd Sewer Crossing Project Hyperlink h. Resolution – Pymt. Olsson Associates; $8,049.30 – 9th Ave. Paving Project Hyperlink i. Resolution – Pymt. Olsson Associates; $ 11,173.87 – E. 6th St. Paving Project Hyperlink j. Resolution – Pymt. Olsson Associates; $4,667.70 – Water Main Loop; $507.20 and 164th Water

Main Relocation;$3,760.60 = TOTAL $4,667.70 Hyperlink (2 invoices)

i. Resolution – Pymt. Olsson Associates; $4,970.00 - MO River Trail Project Hyperlink

5. MISCELLANEOUS AND OLD BUSINESS a. Approval of Olsson Associates for Engineering Consulting Services for Resurfacing Dakota

Ave. Project., STPAA05305(6), CN 31852 – Comes with favorable recommendation from Finance. b. Three Rivers Program c. Authorization to Advertise for Bids on 9th Ave. – Comes with a favorable recommendation from

the Public Works Committee. d. Conditional Use Permit at 114 E 24th Street – This would be to rebuild a single family dwelling in

the event this existing dwelling is damaged beyond 50% of the assessed value for financing purposes. Hyperlink Comes with a favorable recommendation from the Public Works Committee.

e. Verizon Lease Agreement and Right of Entry • Verizon Agreement – Redlined showing changes to 01-17-07 version Hyperlink • Verizon Agreement 03-22-07 UPDATED Version with changes and Right of Entry

Hyperlink f. Property on 17th

6. Economic Development Update 7. COMMENTS BY CITY ADMINISTRATOR AND COUNCIL MEMBERS CONCERNING CITY

DEPARTMENT, ORDINANCES AND STATUTES PUBLIC COMMENT PERIOD • Every citizen speaking at the meeting shall begin his or her remarks by stating his or her name and postal

address. • All citizens’ remarks shall be directed to the Mayor/Chairperson, who shall determine by whom any

appropriate response shall be made. • Individuals wishing to address the Mayor/Council are asked to limit their comments to five minutes. Upcoming Events

• Public Works Meetings –April 2 & 16, 2007 @ 5:00 p.m. Council Chambers • Council Meetings – Mar. 26 ,Apr. 9 & 23, 2007 @ 5:00 p.m., Council Chambers • Finance Meetings –Mar. 30, 2007 @ 12:00 Council Chambers • CDA Meetings – Mar. 28, 2007 @ 12:00 pm, City Hall Council Chambers • Governors’ Day – April 2, 2007 • Town Hall Meeting at Covington Elementary; April 2, 2007 @ 6:30 p.m. • Goodwill Industries Annual Dinner – April 19, 2007 6:30 p.m. @ Marina Center • Washington, DC Conference & Steak Dinner; April 23-26, 2007

Next Regular Council Meeting Monday April 9 , 2007 @ 5:00 p.m., City Hall Council Chambers 8. ADJOURNMENT

In 2020, South Sioux City is a vibrant community that provides a tremendous quality of life for all citizens defined by outstanding educational and employment opportunities. With our strong commitment to environmental stewardship, we are a recreational, cultural, economic, and technological hub of the Midwest.


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Claims

CLAIMS ORDER NO 2007-06 26-Mar-07 VENDOR DESCRIPTION AMOUNT

ABSOLUTE SCREEN ART BRIEF BAG-N WALSH $32.00

AIRGAS NORTH CENTRAL CYLINDER RENTALS $37.24

AJ PHILLIPS PUBLISHNG INC LETTERHEAD $432.00

AJ PHILLIPS PUBLISHNG INC BUSINESS CARDS-M HALE $75.00

ALL NATIVE OFFICE YELLOW HIGHLIGHTERS $12.98

ARAMARK SERVICES SHOP TOWELS, MAT $14.33

A-TEAM HEATING & COOLNG SERV PW OFFICE SYSTEM $141.50

BOSTWICK FENCING REP CHAIN-GATE OPEN-GAS Y $65.00

C & J BODY SHOP INC REPS-CAR #8 $229.50

CENTURY BUSINESS LEASING INC MONTHLY LEASE PAYMENT $70.00

CITY OF DAKOTA CITY ANNUAL JOINT MTG EXPENSE $375.00

CITY OF SIOUX CITY MIN WT USAGE $1,000.00

DAKOTA BUSINESS SYSTEMS KYOCERA LEASED EQUIP $262.00

DAKOTA COUNTY REGISTER FILING FEES $22.00

DAKOTA COUNTY STAR FEB PUBLICATIONS $867.28

DEPARTMENT OF ENERGY FEBRUARY POWER $50,266.47

ELECTRIC INNOVATIONS BLUE LAMPS-VET BRIDGE $882.75

FIVE STAR AWARDS VOL OF MONTH AWARD $54.75

FORD CREDIT VEH MONTHLY LEASE $339.12

FORD CREDIT MONTHLY VEH LEASE $349.81

GREAT PLAINS INTERNATIONA LABOR-REP TACH METER $293.28

HAWKINS INC WT PLANT CHEMICALS $962.68

HOME BUILDERS ASSOC OF ANNUAL MEMBERSHIP DUES $360.00

HOME BUILDERS ASSOC OF MARCH MEETING $12.50

HY VEE FOOD STORE MED SUPPLIES - RESCUE $35.49

IIMC REG-S MURRAY $545.00

INCODE-CMS ANNUAL SOFTWARE MAINT $15,118.00

J C ROOFING & INSULATING CLEAN OUT DRAIN-BRYAN SCH $150.00

JANITOR DEPOT INC TOWELING, GARB BAGS $122.36

JOES TOWING TOW B&G #1 TO C ZOOK $45.00

KEVIN HANSEN PLBG-WT METER-420 E 29TH $44.19

KNOEPFLER CHEVROLET REPS-CAR 5 $39.90

LEVINE CLEANERS CLEAN TABLECLOTH $55.00

LYLES GARAGE DOOR SERVICE REPS-EAST DOOR WT/SR SHP $66.14

LYLES GARAGE DOOR SERVICE SERV-COMPACTOR BLDG $60.00

MAIL HOUSE, INC MAIL UTIL BILLS $3,298.31

MIDAMERICAN ENERGY GAS SERV-WT/SR SHOP $1,210.24

MIDWEST OFFICE AUTOMATION TIME CLOCK SOFTWARE, CR $44.02

MIDWEST OFFICE AUTOMATION COPIER MAINT FEE $89.30

NE HHS REG & LICENSURE 2007 SWIM POOL PERMIT $100.00

NE HHS REG & LICENSURE 2007 SWIM POOL PERMIT $40.00

NE PUBLIC POWER DISTRIC FEBRUARY POWER $566,784.16

NE SALT & GRAIN STREET ICE SALT $1,968.18


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NE STATE OF HHS LABORATOR WT SAMPLES RESULTS $93.00

NETSYS+, INC COMPUTER ASSISTANCE $166.25

NETSYS+, INC COMPUTER ASSIST-BACKUPS $936.25

NOVELTY MACHINE & SUPPLY PUMP REPAIR-RIVERLIFT STA $4,691.82

OFFICE DEPOT RIBBONS $19.78

OFFICE DEPOT ENV, LABELS $86.68

OLSSON ASSOCIATES NETWORK CONSULTING-SCADA $227.51

OLSSON ASSOCIATES ENG SERV, ETC-12/31-1/27 $13,393.89

OLSSON ASSOCIATES ENG SERV ETC-1/28-3/10/07 $22,430.45

OPTIMIST CLUB-SOUTH SIOUX 6 MOS MEMBERSHIP-B BROWN $25.00

PERKINS OFFICE SOLUTIONS INK CARTRIDGES $44.97

PETERBILT OF SIOUX CITY CHECK FRAME-ST 5 $1,092.45

PITNEY BOWES INC POSTAGE MACHINE RENT $564.00

POWELL BROADCASTING MARCH MADNESS ADS $400.00

POWELL BROADCASTING MARCH MADNESS ADS $400.00

RAILROAD MGMT CO III LLC SANIT SR CROSS-5 YR AGREE $75.00

SAPP BROS PETROLEUM GAS, DIESEL FUEL $4,841.63

SAPP BROS PETROLEUM GAS, DIESEL FUEL $3,331.10

SIOUX CITY BLUE PRINT PRINTS, SPEC-MO RIVER TRA $235.72

SIOUX CITY TRANSIT BUSING SUBSIDY $3,862.50

SIOUX EQUIPMENT GAS PUMP REPAIRS $307.19

SSC AREA CHAMBER OF COMME 3/12/ LEGIS MTG-GIESE $10.00

SSC AREA CHAMBER OF COMME 3/12 LEGIS MEETING HALE $10.00

SSC AREA CHAMBER OF COMME 3/12 LEGIS MEETING HEDQUIST $10.00

SSC AREA CHAMBER OF COMME 3/12 LEGIS MTG MCNAMARA $10.00

SSC AREA CHAMBER OF COMME 3/19 LEGIS MTG HALE $10.00

SSC AREA CHAMBER OF COMME 3/19 LEGIS MEETING HEDQUIST $10.00

ST LUKES CENTER- OCC HEALTH DRUG TEST-O'TOOL $61.00

ST LUKES CENTER- OCC HEALTH DRUG TEST-ACCIDENT $90.00

THE PAPER CAN 4 RECYCLE PICKUPS $60.00

TODD MASTERS ROCK CRUSHIN SNOW PUSH, CONCRETE $2,367.50

TORCO-REMFG INC REP ALTERNATOR-RES 99-1 $118.50

T'S 2 PLEEZE VOLLEYBALL TROPHIES $450.00

UNITED PARCEL SERVIC, INC SENT PACKAGE $38.96

WM BASS ADVERTISING MEDIA, PRODUCTION BILLIN $3,458.00

WRENNS PLUMBING & HEATING I/D-REPLACE PIPE, REP LEA $4,407.40

TOTAL $715,309.03 CHECKS SINCE MAR 12TH MEETING

25687 CHARLES CARSON REIM INV MI FEB 2007 $133.38

25688 DAKOTA CO TREASURER DEC CITY SALES TX $62,116.24 25689-25690 PETTY CASH MISC EXPJAN THRU MAR2007 $220.15

25691 SSC AREA CHAMBER OF COMM MAR05 LEG MTG MCNAMARA $10.00

25691 SSC AREA CHAMBER OF COMM MAR05 LEG MTG HALE $10.00

25692 SSC VOLUNTEER FIRE DEPT FEB07 FIRE & RESCUE CALLS $1,160.00

25693 CENTRAL CAMPUS LEASE GYM-FALL VBALL LEAGUE $1,450.00

25694 DANIEL H TORRES JR SLAND CR UN DPA 407 E 20TH $5,000.00


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25695 LINDA UTHE REIM MI DEC06 THRU MAR 2007 $28.32

25696-25708 LEC CLAIMS $0.00

25709 DENNIS FISCHER UTIL DEPOSIT REFUND $52.10

25710 MARISOL VALDILLEZ UTIL DEPOSIT REFUND $12.27

25711 SHAIA L PAULSON UTIL DEPOSIT REFUND $29.62

25712 ASHLEY L UNKEL UTIL DEPOSIT REFUND $21.05

25713 PASS LLC UTIL DEPOSIT REFUND $17.30

25714 RIGOBERTO ARREOLA UTIL DEPOSIT REFUND $37.55

25715 JANET ARRINGTON UTIL DEPOSIT REFUND $68.51

25716 ROBERT JOHNSON UTIL DEPOSIT REFUND $36.36

25717 CHRISTOPHER M MCCURRY UTIL DEPOSIT REFUND $50.04

25718 JOEL J GREVE UTIL DEPOSIT REFUND $69.21

25719 UMULKHAYR HUSSEIN UTIL DEPOSIT REFUND $60.70

25720 RAHMA ABDI UTIL DEPOSIT REFUND $44.34

25721 TRESSA M SMITH UTIL DEPOSIT REFUND $84.07

******* INTERNAL REVENUE SERVICE FED/FICA WH MAR PAYROLL $36,465.97 25722-25786 PREV APPROVED CLAIMS $0.00

25789 PREV APPROVED RESOLUTION $14,762.00

25790 CITY OF SOUTH SIOUX CITY USP PY $73.49

25791 AL BENGTSON REIM MI NLC FEB 2007 $154.42 25792 DAK CO INTERAGENCY TEAM YOUTH GRP 3RD QTR PY $1,250.00 25793 EVERTEK INTERNET BILLING MAR-APR 2007 $1,001.49 25794 LEC CLAIMS $0.00 25795 TCA INC BDP COLLECT FEE FEB2007 $1,498.48 25796 SHARON K LEACH SURV BENEFITS-FINAL PY $2,093.69

25797 AFLAC ACC/CANCER/DIS INS PREM $385.62

25798 COLLECTION SERVICE CENTER WITHHOLDING $224.30

25799 LANCE HEDQUIST REIM THRU 3/13/2007 $43.31

25800 CITY OF SO SIOUX CITY INS FLEX PLAN $1,029.00 25801-25802 SSC AREA CHAMBER OF COMM GOV DAY GIESE,MCN,MUR,HEDQ $140.00

SSC AREA CHAMBER OF COMM GOV DAY HALE $35.00

SSC AREA CHAMBER OF COMM GOV DAY BENGTSON $35.00

SSC AREA CHAMBER OF COMM GOV DAY HALLSTROM $35.00

******* NE DEPT OF REVENUE FEB07 SALES & USE TX $69,660.16

25803 CITY OF DAKOTA CITY SH/FEB07/KENO/SARATOGA SITE $240.05

25804 NEBRASKA FOREST SERVICE BROWN/TREE CITY AWARD CNF $15.00

25805 WAYNE AREAS CHAMBER OF COMM GIESE LUNCHEON 3/16/2007 $7.00

25806 NEBRASKALAND CONF BLDG INSP MEMBERSHIP-ZIMM/CONLEY $115.00

******* INTERNAL REVENUE SERVICE FED/FICA WH MAR PAYROLL $39,312.68

25808 SSC VOLUNTEER FIRE DEPT REG 6 FIRE SCHOOL MAY2007 $575.00

Total $239,862.87 Purch Card Transactions 02-03-2007 THRU 03-02-2007 Tran Date Vendor Name Description Amount 02/19/2007 A.J PHILLIPS PUBLISHING UPS shipping $12.40


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02/19/2007 ABBOTT AIRPORT PARKING N Incode Conference-Murray $24.00 02/19/2007 ABBOTT AIRPORT PARKING N Airport parking for Incode Seminar $24.00 02/09/2007 ACME OYSTER HOUSE NEW ORL KaBOOM Conf Meal- Lunch $13.00 02/22/2007 ADVANCE AUTO PARTS #5754 SOLENOID SWITCH B & G #1 $6.70 02/23/2007 ADVANCE AUTO PARTS #5754 WEATHERSTRIP ADHESIVE FOR SHOP $2.98 02/23/2007 ADVANCE AUTO PARTS #5754 PARTS FOR B & G #1 $3.54 02/26/2007 ADVANCE AUTO PARTS #5754 BRAKE PADS FOR POLICE 8 $26.88 02/28/2007 ADVANCE AUTO PARTS #5754 WHEEL NUTS FOR POLICE 8 $5.90 02/28/2007 ADVANCE AUTO PARTS #5754 WHEEL NUTS FOR STOCK $5.90 02/28/2007 ADVANCE AUTO PARTS #5754 SWITCH $12.31 02/13/2007 AMBASSADOR HOTEL KaBOOM Conf Hotel $359.46 02/09/2007 AMERIPRIDE LINEN&APP SVS Mats $38.29 02/13/2007 AMPCO PARKING EPPLEY AIRF Airport Parking $21.00 02/06/2007 BEST BUY 00007922 MEMORY FOR CITY HALL RECEIVER $128.38 02/09/2007 BEST BUY 00007922 SURGE PROTECTOR FOR W 6TH LIFT STATION $142.30 02/13/2007 BEST BUY 00007922 OFFICE EQUIPMENT $37.44 02/21/2007 BEST BUY 00007922 BATTERY BACKUP FOR DANIELS LANE LIFT STAT $117.99 02/05/2007 BOMGAARS 1 SEAFOAM TUNEUP, GASOLINE ANTIFREEZE $7.37 02/26/2007 BOMGAARS 1 HEATER FOR OIL FURNACE $32.09 02/05/2007 BUFFALO ALICE INC Badger Lunch $24.75 02/05/2007 CARQUEST 01017730 DIESEL TRUCK PIPE ADAPTER $49.89 02/05/2007 CARQUEST 01017730 HALOGEN LITES FOR STOCK $27.08 02/15/2007 CARQUEST 01017730 STOCK ITEMS $47.96 02/26/2007 CARQUEST 01017730 TURN ROTORS, BRAKE PADS $63.67 03/01/2007 CARQUEST 01017730 FUEL FILTER FOR ST 18 $9.15 03/01/2007 CARQUEST 01017730 2 FUEL FILTERS FOR STOCK $18.30 02/23/2007 CASEYS GNRL STRE 2090 HEDQ NITC MTG $20.69 02/12/2007 CASEYS GNRL STRE 2722 HEDQ HWY MTG $34.66 02/13/2007 CASEYS GNRL STRE 2722 GAS WHILE PUMPS WERE DOWN-FIBER #14 $20.00 02/13/2007 CASEYS GNRL STRE 2722 GAS WHILE PUMPS WERE DOWN-MAINT #4 $50.48 02/20/2007 CASEYS GNRL STRE 2722 HEDQ VEH FUEL $19.82 03/02/2007 CASEYS GNRL STRE 2722 HEDQ-NPPD MTG $35.64 02/12/2007 CDW GOVERNMENT HAND HELD COMPUTER-DANNY B $569.99 02/22/2007 CDW GOVERNMENT KEYBOARD $155.64 03/01/2007 CDW GOVERNMENT TOOL KIT $69.83 02/05/2007 CHEESECAKE FACTORY #106 NPZA CONF MEAL $19.00 02/16/2007 CHEMCO INC Paper products $94.62 03/01/2007 CHILI'S GRI30200003020 MEALS-CHICAGO-SWEEPER SCHOOL $27.93 02/08/2007 CIRCLE S 1 10042646 HEDQ NECC MTG $27.99 02/15/2007 CIRCLE S 1 10042646 GAS WHILE PUMPS WERE DOWN-B&G#3 $69.50 02/27/2007 CIRCLE S 1 10042646 GAS-PERSONAL VEH-TO OMAHA-SWEEPER SCHOOL $30.00 02/12/2007 COCHON KaBOOM Conf Meal- Supper $36.00 02/28/2007 COFFEE POT CAFE INC Prime Bio Lunch $37.25 02/26/2007 CONCRETE PRODUCTS CO CONCRETE BLOCKS-SECURITY CAMERA WEIGHTS $13.91 02/26/2007 CRACKER BARREL #365 HEDQ-NITC MTG $10.36 02/26/2007 CRACKER BARREL #365 NPZA CONF 2 MEALS $20.41 02/05/2007 DAILY GRIND Class Expense $90.00 02/23/2007 DAILY GRIND Miscellaneous $55.93


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03/01/2007 DAILY GRIND HEDQ-NPPD MTG $16.50 02/26/2007 DAKOTA PC WAREHOUSE COMPUTER FOR C HOVEY $459.00 03/02/2007 DIMITRI'S MEDITERRENEA MEALS-CHICAGO-SWEEPER SCHOOL $64.22 02/12/2007 DIS*DISNEY MOVIE CLUB Materials $225.42 02/26/2007 EDEN CONSULT K9 program software $509.00 02/16/2007 ENTERPRISE RENT-A-CAR Training & Tuition $105.26 03/02/2007 GIORDANO'S JACKSON MEALS-CHICAGO-SNOWSTORM-SWEEPER SCHOOL $53.57 02/09/2007 GUARANTEE OIL CO INC WASHER SOLVENT, FILTERS FOR STOCK $35.70 02/14/2007 GUARANTEE OIL CO INC FILTERS FOR STOCK $31.16 02/19/2007 GUARANTEE OIL CO INC 2 BATTERIES FOR STOCK $146.80 02/23/2007 HARLEY DAVIDSON CAFE Gerkin-K9 Handler Training-Las Vegas-meal-reimbursed expense $34.31 02/05/2007 HAROLDS PHOTO CENTER 17 LAB PHOTO FINISHING $160.49 02/19/2007 HILTON HOTELS DFW LAKE Lodging for Incode Seminar $386.01 02/19/2007 HILTON HOTELS DFW LAKE Incode Conference-Murray $386.01 02/20/2007 HOFBRAUHAUS Gerkin-K9 Handler Training-Las Vegas-meal-reimbursed expense $63.81 02/15/2007 HOLIDAY INN GIESE- LODGING LEAGUE MTG $146.40 02/15/2007 HOLIDAY INN BENGTSON LODGING LEAGUE CNF $166.06 02/15/2007 HOLIDAY INN HEDQ -LODGING LEAGUE MTG $146.40 02/26/2007 HOLIDAY INNS LODGING NPZA CONF L TODD & K ZIMMERMAN $371.10 02/26/2007 HOLIDAY INNS LODGING NPZA CONF $148.44 02/26/2007 HOLIDAY INNS LODGING NPZA CNF A. WILSON $276.85 02/26/2007 HOLIDAY INNS LODGING NPZA CONF $148.44 02/26/2007 HOLIDAY INNS LODGING NPZA CONF $148.44 02/26/2007 HOLIDAY INNS LODGING NPZA CONF $148.44 02/15/2007 HUNGRYS NORTH Prime Bio Dinner $94.14 02/26/2007 HYVEE FOOD&DRUG1620S66 ROLLS, DONUTS-SNOW REMOVAL CREW $11.98 02/27/2007 HYVEE FOOD&DRUG1620S66 Supplies $48.79 02/28/2007 HYVEE FOOD&DRUG1620S66 DONUTS-SNOW REMOVAL CREW $8.99 02/22/2007 IND TOOL & MACH CO. DRILL BITS, PLASTIJC BOXES, NUTRUNNER $59.60 02/12/2007 INTERSTATE BBQ - B5 FOOD KaBOOM Conf Meal- Supper $12.28 02/14/2007 INT'L ASSN OF CHI01 OF 01 IACP membership dues $100.00 02/22/2007 INT'L CODE COUNCIL INC ZIMM-INSPECTION MEMBERSHIP $100.00 02/05/2007 JACK'S UNIFORMS & EQUI taser holster for 228, taser for 229 $839.90 02/08/2007 JACK'S UNIFORMS & EQUI Heinemann - 2 shirts w/emblems sewn, pants $91.10 02/08/2007 JACK'S UNIFORMS & EQUI Heinemann - black TDU pant $35.95 02/12/2007 JACK'S UNIFORMS & EQUI Gonzalez - 2 shirts w/emblems sewn on $78.30 02/12/2007 JACK'S UNIFORMS & EQUI 40 3-volt lithium batteries $78.00 02/19/2007 JACK'S UNIFORMS & EQUI taser holster for 229, 2 spare magazines $99.75 02/26/2007 JACK'S UNIFORMS & EQUI Gonzalez - taser cartridge holder, flashlight & holder $68.85 02/05/2007 JOES DEPARTMENT STORE INC Floor cleaner $25.94 02/07/2007 JOES DEPARTMENT STORE INC Ratchet extension $7.75 02/08/2007 JOES DEPARTMENT STORE INC HEAT TAPE-OIL BURNING FURNACE-MAINT $28.44 02/08/2007 JOES DEPARTMENT STORE INC BUNGEE CORDS $15.34 02/09/2007 JOE'S DEPT STORE INC MOTOR OIL $3.46 02/09/2007 JOE'S DEPT STORE INC CAR WASH BRUSH SET $10.88 02/13/2007 JOE'S DEPT STORE INC GLOVES, GREASE $46.46 02/21/2007 JOE'S DEPT STORE INC EXTENSION CORD FOR ST DEPT $60.44 02/22/2007 JOE'S DEPT STORE INC Floor cleaner & ice melt $35.58


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02/23/2007 JOE'S DEPT STORE INC BATTERIES $13.84 02/27/2007 JOE'S DEPT STORE INC TARP $34.94 03/02/2007 JOE'S DEPT STORE INC SNOW PLOW PARTS $6.93 03/02/2007 JOE'S DEPT STORE INC FLASHLIGHT $16.88 03/02/2007 JOE'S DEPT STORE INC GLASS TREATMENT FOR TRUCKS $9.54 02/12/2007 KAHILL'S Specialty Protien Investers Dinner 7 people $379.79 02/15/2007 LOVE AND WAR IN TEXAS meal - incode seminar $16.50 02/15/2007 LOVE AND WAR IN TEXAS Incode Conf.Dinner Murray $15.65 02/05/2007 LOWE'S #1695 FAUCET MOUNTING-ST DEPT LUNCH ROOM $41.54 02/05/2007 LOWE'S #1695 BULB CHANGER $21.38 02/08/2007 LOWE'S #1695 CIRCUIT BREAKER, LUG-OIL BURN FURNACE-MAINT $14.46 02/12/2007 LOWE'S #1695 CIRCUIT BREAKER $16.55 02/12/2007 LOWE'S #1695 TOOL $5.27 02/12/2007 LOWE'S #1695 ELEC SUPPLIES FOR WATER DEPT $43.75 02/26/2007 LOWE'S #1695 LUMBER $19.65 03/02/2007 LOWE'S #1695 VISE GRIP $11.75 02/26/2007 MAGGIES CONOCO10044675 fuel $32.70 02/22/2007 MARILYNS COFFEE SHOP Gerkin-K9 Handler Training-Las Vegas-meal-reimbursed expense $10.70 02/22/2007 MARILYNS COFFEE SHOP Gerkin-K9 Handler Training-Las Vegas-meal-reimbursed expense $9.76 02/23/2007 MARILYNS COFFEE SHOP Gerkin-K9 Handler Training-Las Vegas-meal-reimbursed expense $7.76 02/26/2007 MARILYNS COFFEE SHOP Gerkin-K9 Handler Training-Las Vegas-meal-reimbursed expense $9.63 02/14/2007 MARRIOTT CORNHUSKER F/B HEDQ 35EXPRESSWAY MTG $70.50 02/16/2007 MARRIOTT CORNHUSKER F/B Training & Tuition $23.33 02/15/2007 MARRIOTT CORNHUSKER HOTEL Ehrich Motel Room NE League of Cities Conf. $266.56 02/15/2007 MARRIOTT CORNHUSKER HOTEL Hale Motel Room NE League of Cities Conf. $239.16 02/16/2007 MARRIOTT CORNHUSKER HOTEL Training & Tuition $99.68 02/16/2007 MARRIOTT CORNHUSKER HOTEL Training & Tuition $99.68 02/09/2007 MENARDS 3065 Bulbs $21.12 02/23/2007 MID TOWN HOLIDAY INN NPZA CONF 2 MEALS $10.55 02/26/2007 MID TOWN HOLIDAY INN NPZA CONF 1 MEAL $20.10 03/01/2007 NADA USED CAR GUIDE Materials $70.00 02/14/2007 NEBRASKA NOTARY ASSOCIATI Notary state fee, bond & stamp for 206 $95.15 02/14/2007 NEBRASKA NOTARY ASSOCIATI Notary state fee, bond & stamp for 213 $95.15 02/14/2007 NEBRASKA NOTARY ASSOCIATI Notary state fee, bond & stamp for 210 $102.05 02/14/2007 NEBRASKA NOTARY ASSOCIATI Notary state fee, bond & stamp for 222 $95.15 02/12/2007 NEW ORLEANS INT'L AIRPORT KaBOOM Conf Transportation $12.93 02/26/2007 NORTHEAST NEBRASKA PUBLIC Tower power $83.19 03/01/2007 NORTHEAST NEBRASKA PUBLIC Tower power $99.54 02/26/2007 O'DELL ELECTRIC MATERIAL FOR SCHOOL CAMERAS $5.50 02/23/2007 OFFICE DEPOT #1090 keyboard drawer, labels, printer ribbons, 3x5 memo notebooks $136.43 02/12/2007 OREILLY AUTO 00003947 TRAILER PLUG ADAPTER ON B & G #14 $14.99 02/12/2007 PAYPAL REGISTRATION-CITYWORKS USER CONFERENCE $375.00 02/07/2007 PFLANZ ELECTRONICS RECORDER FOR CITY HALL $640.93 02/07/2007 PUMP & PANTRY #3 fuel - car #4 - Grand Island - K9 training $32.56 02/12/2007 PUMP & PANTRY #3 fuel - car #4 - Grand Island - K9 training $21.24 02/15/2007 QUICK D'S 00802934 Training & Tuition $23.76 02/19/2007 REFURB EXPRESS INC Typewriter $159.90 02/28/2007 REFURB EXPRESS INC CREDIT TO LEC 254 -$159.90


9

02/28/2007 RIGEL AIRPORT SERVICES MEALS-CHICAGO-SWEEPER SCHOOL $18.73 02/20/2007 ROS Copy paper & organizer $168.95 02/28/2007 ROS File pockets; toner $96.18 03/02/2007 ROS Label maker tapes $46.13 02/16/2007 SALTWATER WILLYS Incode Conf-Murray&Walsh-Dinner $30.38 02/16/2007 SALTWATER WILLYS meal - incode seminar $31.00 02/14/2007 SEARS NUTSETTER, SCREWDRIVER SET $35.82 02/23/2007 SEARS CLAMP $64.19 02/15/2007 SHELL OIL 30108220786 HEDQ LEAGUE CONF $21.20 02/13/2007 SHELL OIL 93002979216 fuel - car#2 $24.66 02/14/2007 SHELL OIL 93002979216 fuel car #12 $24.00 02/14/2007 SHELL OIL 93002979216 fuel car #5 $22.00 02/14/2007 SHELL OIL 93002979216 fuel - car #4 - Grand Island - K9 training $42.99 02/14/2007 SHELL OIL 93002979216 fuel car #1 $25.30 02/14/2007 SHELL OIL 93002979216 GAS FOR SEWER 2 WHILE PUMPS DOWN $67.00 02/14/2007 SHELL OIL 93002979216 fuel - car#10 $31.11 02/14/2007 SHELL OIL 93002979216 fuel car #19 $33.71 02/15/2007 SHELL OIL 93002979216 fuel - car#2 $25.04 02/15/2007 SHELL OIL 93002979216 GAS WHILE PUMPS WERE DOWN $27.10 02/15/2007 SHELL OIL 93002979216 DIESEL FUEL FOR WT BACKHOE - #3 $38.00 02/15/2007 SHELL OIL 93002979216 GAS WHILE PUMPS WERE DOWN-WT #1 $48.02 02/15/2007 SHELL OIL 93002979216 fuel car #12 $19.00 02/16/2007 SHELL OIL 93002979216 GAS WHILE PUMPS DOWN-MAINT #1 $31.00 02/16/2007 SHELL OIL 93002979216 fuel car #5 $32.12 02/16/2007 SHELL OIL 93002979216 GAS FOR SEWER 2 WHILE PUMPS DOWN $61.00 02/16/2007 SHELL OIL 93002979216 GAS WHILE PUMPS WERE DOWN-WT #2 $51.00 02/16/2007 SHELL OIL 93002979216 fuel - car#12 $26.00 02/16/2007 SHELL OIL 93002979216 fuel - car #4 - Grand Island - K9 training $35.80 02/16/2007 SHELL OIL 93002979216 fuel car #9 $39.00 02/16/2007 SHELL OIL 93002979216 fuel - car#1 $31.84 02/19/2007 SHELL OIL 93002979216 fuel inspection vehicle $38.80 02/19/2007 SHELL OIL 93002979216 fuel - car#12 $29.15 02/21/2007 SHELL OIL 93002979216 fuel - car#3 $34.50 02/21/2007 SHELL OIL 93002979216 fuel - car#10 $31.88 02/22/2007 SHELL OIL 93002979216 GAS FOR SEWER 4 $67.01 02/22/2007 SHELL OIL 93002979216 fuel car #5 $11.00 02/22/2007 SHELL OIL 93002979216 fuel - car#10 $22.13 02/22/2007 SHELL OIL 93002979216 GAS FOR SEWER 3 $71.00 02/22/2007 SHELL OIL 93002979216 fuel - car#12 $19.00 02/27/2007 SHELL OIL 93002979216 BREAKFAST-SNOW REMOVAL CREWS $82.51 03/01/2007 SHELL OIL 93002979216 BREAKFAST-SNOW REMOVAL CREW $66.17 02/23/2007 SIOUX CITY FOUNDRY COMPAN HEADGEAR $15.83 02/12/2007 SIOUX CITY WTR00004218 COMPUTER NETWORK SWITCH $30.00 02/19/2007 SIOUX CITY WTR00004218 CABLE $128.00 02/19/2007 SIOUX SALES COMPANY Heide - gloves $34.95 03/01/2007 SIOUXLAND HYDRAULIC INC HOSE FITTINGS $43.48 02/09/2007 SOUTH DAKOTA MAGAZ Materials $19.00 02/05/2007 SOUTHWESTAIR Airfare for David BlighStreetsweeper Trng $114.30


10

02/05/2007 SOUTHWESTAIR Airfare for Mike Mast Streetsweeper Trng $114.30 02/14/2007 SPRINT PCS AFF #2904BR CHARGER FOR CELL PHONE $32.09 02/23/2007 SQUARE TIRE Service $18.00 02/07/2007 STAPLES 00107623 PRINTER INK, MARKER $51.96 02/12/2007 STAPLES 00107623 CABLE FOR WT DEPT $26.73 02/12/2007 STAPLES 00107623 strapping tape, storage tape, daily journal for 209, brown envelopes $51.26 02/12/2007 STAPLES 00107623 SOFTWARE $85.59 02/14/2007 STAPLES 00107623 CLEANING SUPPLIES $27.78 02/16/2007 STAPLES 00107623 PLUMBING LIC SUP INSPECTIONS $7.47 02/19/2007 STAPLES 00107623 KEYBOARD $74.89 02/23/2007 STAPLES 00107623 OFFICE SUPPLIES $58.81 02/26/2007 STAPLES 00107623 ORGANIZER $42.79 02/26/2007 STAPLES 00107623 Phone Case $21.39 02/26/2007 STAPLES 00107623 CAMERA, BATTERY, SOFTWARE $120.64 03/01/2007 STAPLES 00107623 Label maker; computer mouse $110.06 03/01/2007 STAPLES 00107623 KEY BOARD $51.32 03/02/2007 STAPLES 00107623 DVDS $13.89 02/22/2007 STAR TREK Gerkin-K9 Handler Training-Las Vegas-meal-reimbursed expense $40.01 02/14/2007 STEFFEN, INC CREDITED OFF-IN PUT WRONG $5,835.00 02/14/2007 STEFFEN, INC 12 QTS HYDRAULIC OIL $90.00 02/15/2007 STEFFEN, INC 12 V COIL - B & G #1 $58.35 02/15/2007 STEFFEN, INC CREDIT-PUT IN WRONG AMOUNT FOR CHARGE -$5,835.00 02/19/2007 STEFFEN, INC CUTTING EDGE FOR B & G #3 $82.68 02/09/2007 TARGET 00018002 CELL PHONE CASE $13.90 02/12/2007 TARGET 00018002 Materials $101.03 03/01/2007 TARGET 00018002 BATTERIES $10.26 02/07/2007 TELEDYNE ISCO INC PRINTER PAPER $148.00 02/28/2007 THE OLIVE GARD00014571 MEALS-CHICAGO-SWEEPER SCHOOL $43.32 02/07/2007 TITAN MACHINE BLADE FOR BACKHOE BUCKET $218.19 02/23/2007 TREASURE ISLAND CIRQ TKTS Gerkin-K9 Handler Training-Las Vegas-show-reimbursed expense $209.00 02/23/2007 TREASURE ISLAND ISLA Gerkin-K9 Handler Training-Las Vegas-meal-reimbursed expense $52.02 02/23/2007 UNCLE ED'S STEAKHOUSE NPZA CONF 5 MEALS $127.00 02/16/2007 UNITEDSTATESFLAG.COM 2 US & 2 Nebr. flags $142.00 02/05/2007 USPS 3066480776 certified mail $13.92 02/05/2007 USPS 3066480776 Postage $3.48 02/07/2007 USPS 3066480776 Postage $9.39 02/08/2007 USPS 3066480776 Postage $4.53 02/09/2007 USPS 3066480776 Postage $1.11 02/12/2007 USPS 3066480776 Postage $24.91 02/13/2007 USPS 3066480776 POSTAGE FOR WATER SAMPLES $5.00 02/13/2007 USPS 3066480776 Postage $5.85 02/16/2007 USPS 3066480776 Postage $15.67 02/19/2007 USPS 3066480776 Postage $7.77 02/19/2007 USPS 3066480776 Postage $5.86 02/21/2007 USPS 3066480776 Postage $82.86 02/21/2007 USPS 3066480776 WATER SAMPLES POSTAGE $4.20 02/22/2007 USPS 3066480776 certified mail $5.84 02/23/2007 USPS 3066480776 Postage $1.51


11

02/28/2007 USPS 3066480776 Postage $12.28 03/01/2007 USPS 3066480776 certified mail $4.64 03/01/2007 USPS 3066480776 Postage $4.53 02/19/2007 VINTAGE TERM A-DFW-AIRPT Incode Conference-Murray $20.71 02/05/2007 WAL-MART #1332 Bulbs $13.06 02/07/2007 WAL-MART #1332 film developing, batteries $21.20 02/08/2007 WAL-MART #1332 Batteries $47.82 02/09/2007 WAL-MART #1332 Materials $75.60 02/09/2007 WAL-MART #1332 2 READERS FOR RECORDER AT CITY HALL $59.42 02/09/2007 WAL-MART #1332 READER FOR RECORDER AT CITY HALL $29.72 02/23/2007 WAL-MART #1332 LIQUID SOAP $4.18 02/28/2007 WAL-MART #1332 film developing $11.20 02/22/2007 WHISKEY CREEK STEAKHOUSE NPZA CONF 2 MEALS $42.29 02/07/2007 WILMES HARDWARE HANK CLIPS, BATTERY CLAMPS $9.18 02/07/2007 WILMES HARDWARE HANK PAINT, PAINT SUPPLIES FOR LIFT STATIONS $79.35 02/09/2007 WILMES HARDWARE HANK SUPPLIES $19.37 02/09/2007 WILMES HARDWARE HANK BLDG MAINT SUPPLIES $57.98 02/12/2007 WILMES HARDWARE HANK vehicle maint car #12 - epoxy glue $8.74 02/13/2007 WILMES HARDWARE HANK ELBOW-B ST WATER TOWER $7.14 02/16/2007 WILMES HARDWARE HANK WHITE SPRAY PAINT $5.39 02/16/2007 WILMES HARDWARE HANK LADDER $58.97 02/16/2007 WILMES HARDWARE HANK PIPE, ELBOW-1ST AVE WT TOWER $20.77 02/22/2007 WILMES HARDWARE HANK LITE BULBS FOR LIFT STATIONS $16.68 02/23/2007 WILMES HARDWARE HANK GRAFFITI COUPON REDEMPTION PROGRAM $47.98 03/01/2007 WILMES HARDWARE HANK SUPPLIES $11.59 02/07/2007 WM SUPERCENTER PROTECTANT, AIR FRESHNERS $37.65 02/12/2007 WM SUPERCENTER Printer Cart. $37.28 02/28/2007 WM SUPERCENTER Belt dressing & oil $9.43 03/01/2007 WM SUPERCENTER printer ink $50.85 02/27/2007 WORLD ALMANAC EDUCATN Materials $21.95 02/06/2007 WW GRAINGER 768 OUTSIDE LITES FOR CITY HALL $28.80 02/09/2007 WW GRAINGER 768 HEATER-BLDG BY SALT BIN $34.11 02/09/2007 WW GRAINGER 768 WALL PACK W/LAMP FOR WT/SR BLDG $108.22 02/09/2007 WW GRAINGER 768 WALL PACK W/LAMP FOR WT/SR BLDG $108.23 02/12/2007 WW GRAINGER 768 WALL PACK LITE FOR WT/SR SHOP $108.23 02/12/2007 WW GRAINGER 768 WALL PACK LITE FOR WT/SR SHOP $108.22 02/12/2007 WW GRAINGER 768 MAT-LIFT STATION & 1/2 COST WT/SR SHOP $93.42 02/12/2007 WW GRAINGER 768 MAT-WT/SR SHOP-1/2 COST $31.14 02/19/2007 WW GRAINGER 768 TIME DELAY FUSES $160.00 02/21/2007 WW GRAINGER 768 TIME DELAY FUSES $200.00 02/22/2007 WW GRAINGER 768 SAFETY GLASSES $9.95 02/27/2007 WW GRAINGER 768 LITES FOR CITY HALL $3.35 02/26/2007 ZOOZACRACKERS Gerkin-K9 Handler Training-Las Vegas-meal-reimbursed expense $38.89 Total $19,028.47

End Claims


12

CDBG NOTICE OF PUBLIC HEARING ON APPLICATION FOR

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ______________________________________________________________________________________

NOTICE IS HEREBY GIVEN THAT the City of South Sioux City will hold a public hearing concerning an application to the Department of Economic Development for a Community Development Block Grant on March 26, 2007 at 5:00 p.m. in the City Hall Council Chambers, 1615 1st Avenue, South Sioux City, NE. This grant is available to local governments for community development activities.

The City of South Sioux City, Nebraska is requesting $250,000 for street and drainage improvements from 13th Street to 17th Street and from Dakota Avenue to C Street. The drainage improvements will be along 15th Street, 16th Street, and 17th Street from Dakota Avenue to B Street. The street improvements will be along 15th Street, 16th Street, and 17th Street from Dakota Avenue to B Street. Water main replacements will be made on 15th Street, 16th Street and 17th Street from Dakota Avenue to B Street. There will be $165,500 for (0230) Street Improvements, $22,500 for (0300) Water Improvements, $54,500 for (0370) Drainage Improvements, and $7,500 for (0181) Grant Administration. The City will contribute $220,000 of Sales Tax funds and $132,000 of Water Capital Improvement funds for the project. All of the CDBG funds will benefit low and moderate income people in the project area. No people will be displaced as a result of this project.

The grant application will be available for public inspection at the office of the city clerk, 1615 1st Avenue, South Sioux City, NE. All interested parties are invited to attend this public hearing at which time you will have an opportunity to be heard regarding the grant application. Written testimony will also be accepted at the public hearing scheduled for 5:00 p.m., March 26, 2007, 1615 1st Avenue, South Sioux City, NE. Written comments addressed to Lance Hedquist, City Administrator, at 1615 1st Avenue, South Sioux City, NE 68776, will be accepted if received on or before March 23, 2007.

Individuals requiring physical or sensory accommodations including interpreter service, Braille, large print, or recorded materials, please contact Lance Hedquist, City Administrator, at 1615 1st Avenue, 402-494-7511, no later than March 23, 2007.

End CDBG Animal Control Report

South Sioux City Animal Control 2006Annual Report

20 February 2007 To: The Honorable Mayor and City Council; The Purpose of this report is to provide you with history, statistics, and general information regarding the Animal Control Program during 2006. It also reflects some changes that were implemented in the operation of your services. In January 1, 2006, Frank Abramo was hired as an Animal Control Officer for South Sioux City Animal Control. In March 2006, Frank Abramo took over as contract holder for South Sioux City Animal Control Program.

Attached you will find numbers and graphs that are reflective of activities generated by the Animal Control Program during 2006. Our prime directive is to reduce citizen complaints and we feel that the numbers are reflective of this. This was accomplished by increasing street patrol hours, providing heavy visibility to the public and consciously using enforcement methods such as verbal warning and targeting problem areas with patrol to avoid impoundments and to decrease the overcrowding at the facility. I would like to thank the Mayor and City Council for allowing us to serve your citizens and we hope that our efforts create a better and safe environment for their pets. Sincerely, Frank Abramo Frank Abramo Director


13

Total Calls for Service

Animal at Large 938

Animal Welfare 38

Dog Bites 18

Barking Dogs 27

Live Traps Set 127

Animal License 72

Total 1220

Animal Impounded

Dogs Impounded 213

Cats Impounded 136

Welfare Impoundments 2

Animal Quarantines 9

Total 360

Wild Animals Relocated

Bats 2

Opossums 45

Raccoons 67

Rabbits 1

Skunks 13

Turtles 1

Total 129

Statistical Comparison Between the Years 2004, 2005 and 2006.

End Animal Control Report


14

Photo Contest Rules-Only residence or people employed in South Sioux City can submit a photo -Only photos taken this spring, 2007 are eligible. -No professional photographs or professional photographers -City of South Sioux City council members and city employees are not eligible. -The mayor and city council will pick 5 of the best submissions, and the citizens can vote for their favorite at the library, through a form on the website, or via the newsletter. -You can win only once per year. End Photo Contest Rules LEC Minutes

CITY/COUNTY LAW ENFORCEMENT CENTER SOUTH SIOUX CITY/DAKOTA COUNTY

MINUTES OF THE REGULAR MEETING OF THE BOARD March 13, 2007

Call to Order: The meeting was called to order by Co-Chair Eric Bertness at 5:04 p.m. The meeting was held at the Law Enforcement Center in South Sioux City, Nebraska. Pledge of Allegiance Open Meeting Act: Co-Chairman Bertness directed everyone’s attention to the open meeting act documents posted conspicuously in the back of the room. Roll Call: Bill Engel Absent Jason Bowman Present Dave Heck Present Bill McLarty Present Eric Bertness Present John Sanders Absent Also present: Lance Hedquist and Kristin Sell Disposition of Members’ Absence: A motion was made by Bill McLarty, seconded by Dave Heck, to excuse John Sanders from the meeting as he had called to advise he had a prior obligation. Nothing was heard of Bill Engel’s absence. Roll call vote; John Sanders Absent Bill Engel Absent Jason Bowman Yes Dave Heck Yes Bill McLarty Yes Eric Bertness Yes All members present were in favor of the motion and it was so carried.


15

Action on Consent Agenda Items: Bill McLarty made a motion to approve the consent agenda items; seconded by Jason Bowman. Roll call vote; Jason Bowman Yes Dave Heck Yes Bill McLarty Yes

John Sanders Absent Bill Engel Absent Eric Bertness Yes All members present were in favor of the motion. Old Business: None New Business: There was brief discussion regarding grounds maintenance equipment that Director Foust advised will be needed soon. Further discussion was deferred to the April meeting. Board Members’ Comments: None Director’s Comments: None Comments from the Floor: None Fire Chiefs’ or Representatives’ Comments: None Ad Hoc Committee Members’ or Representatives’ Comments: None Next Regular Meeting: April 10, 2007 at 5:00 P.M. Adjournment:

At 5:17 P.M. Dave Heck moved to adjourn; seconded by Bill McLarty.

______________________________ Co-chairman Minutes are not official until signed by Board Co-chairperson. End LEC Minutes


16

Severe Weather Awareness Week

End Severe Weather Awareness Week


17

Cond. Use Permit Request

CITY OF SOUTH SIOUX CITY COUNCIL AGENDA

March 26, 2007 18

End Cond. Use Permit


19

NCIP Resolution

RESOLUTION 2007-__

RESOLUTION DECLARING THE CITY TO BE AN OFFICIAL ENTRANT IN THE NEBRASKA COMMUNITY IMPROVEMENT PROGRAM.

WHEREAS, local municipal and county government must provide leadership for improving community

and economic development efforts; and,

WHEREAS, community and economic development needs can best be determined and solved through a

cooperative effort between elected officials and the citizens they represent; and,

WHEREAS, the Nebraska Community Improvement Program, administered by the Nebraska Department

of Economic Development, has been reviewed and found to be a means to improve our community; and,

WHEREAS, the City Council of South Sioux City, Nebraska do hereby pledge their full support,

endorsement, and cooperation in carrying out the requirements of the NCIP.

NOW THEREFORE, BE IT RESOLVED,

that the City of South Sioux City, Nebraska urges its citizens to join this effort and hereby declares this City

to be an official entrant in the NCIP for the year of 2007.

PASSED AND APPROVED THIS 26th DAY OF MARCH, 2007.

_______________________________________ MAYOR

ATTEST: ____________________________________ CITY CLERK ( S E A L ) End NCIP Resolution


20

Water Dept. Pickup

End Water Dept. Pickup


21

Albenesius Change Order for Westside Water Loop OLSSON ASSOCIATES, Consulting Engineers CHANGE ORDER NO. 2 109 West 11th Street South Sioux City, Nebraska 68776 Date of Issuance: March 19, 2007 PROJECT: Westside Water Loop

South Sioux City, Nebraska OA Project No. 2005-1421

CONTRACTOR: Albenesius Contracting, Inc. CONTRACT DATE: August 23, 2006 AMOUNT OF ORIGINAL CONTRACT: $1,136,036.50 You are directed to make the changes noted below in the subject contract: See Attached Sheet

The changes result in the following adjustment of Contract Price and Contract Time: Contract Price Prior to This Change Order…………………………………………………$1,195,238.03 Net Increase/ Decrease Resulting from this Change Order…………………………………. $176,707.98 Current Contract Price Including this Change Order………………………………………..$1,371,946.01 Contract Time Prior to this Change Order/Calendar Days - Substantial Completion……...January 1, 2007 Net Increase Resulting from This Change Order/Calendar Days…………………………. 212 days Current Contract Time including this Change Order/Calendar Days - Substantial Completion August 1, 2007 End Albenesius Change Order for Westside Water Loop


22

Albenesius Pymt OLSSON ASSOCIATES

CERTIFICATE OF PAYMENT NO. 5

109 W. 11th Street South Sioux City, NE 68776 Date of Issuance: March 26, 2007 Project: Westside Water Loop Project No. 2005-1421 South Sioux City, Nebraska Contractor: Albenesius Contracting, 1050 Joseph's Way Box 93, Jackson, Nebraska 68743

DETAILED ESTIMATE Description Unit Prices Extensions

SEE ATTACHMENT PLEASE REMIT PAYMENT TO: Albenesius Contracting

Value of Work

Completed: $1,194,637.81

Value of Materials

Stored: $115,216.27 Original Contract Cost: $1,136,036.50 Approved Change Orders: No. 1 $59,201.53 No. 2 $176,707.98 No. Total Contract Cost: $1,371,946.01 Value of completed work and materials stored . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,309,854.08 Less retained percentage ( 1 %) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $13,098.54 Net amount due including this estimate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,296,755.54 Less: Estimates previously approved: No. 1 784,839.77 No. 5 No. 2 250,129.18 No. 6 No. 3 91,911.58 No. 7 No. 4 49,031.60 No. 8 Total Previous Estimates: $1,175,912.13

NET AMOUNT DUE THIS

ESTIMATE $120,843.41 End Albenesius Pymt.


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Olsson’s 2nd Sewer Crossing Pymt.


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End Olsson’s 2nd Sewer Crossing Pymt.


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Olsson’s 9th Ave. pymt.


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End Olsson’s 9th Ave. pymt.


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Olsson’s E. 6th St Paving Pymt.


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End Olsson’s E. 6th St. Paving Pymt.


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Pymt. Olsson’s for Water Main


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31


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End Olsson’s Water Main Pymt.


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Olsson’s Pymt. For MO River Trail

End Olsson’s pymt. for MO River Trail


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Verizon Redlined Lease Showing Changes of the 1/17/07 Version SITE NAME: SCYC Raymond Park SITE NUMBER: _____________ MOSS & BARNETT/3/23/07

OPTION AND WATER TOWER LEASE AGREEMENT This Agreement made this ______ day of __________________, 200__, between City of South Sioux City, Nebraska, with its principal offices located

at 1615 First Avenue, South Sioux City, Nebraska 68776, Tax ID # __________________, hereinafter designated LESSOR and Sioux City MSA Limited Partnership d/b/a Verizon Wireless, with its principal offices located at One Verizon Way, Basking Ridge, New Jersey, 07920, hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively referred to hereinafter as the “Parties” or individually as the “Party”.

LESSOR is the owner of that certain real property located at 2513 B Street, in the City of South Sioux City, County of Dakota, State of Nebraska, and legally described on Exhibit “A” attached hereto and made a part hereof (the entirety of LESSOR’s property is referred to hereinafter as the “Property”). LESSEE desires to obtain an option to lease a portion of that certain space (“the Tower Space”) on the LESSOR’s tower, (hereinafter referred to as the “Tower”) and a portion of said Property being described as a 18 by 36 foot parcel containing approximately 648 square feet together with a parcel of land (the “Land Space”) sufficient for the installation of LESSEE’s equipment building; together with the non-exclusive right (the “Right of Way”) for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a right-of-way extending from the nearest public right-of-way, B Street, to the Land Space; and together with any further rights of way (the “Further Rights of Way”) over and through the Property between the Land Space and the Tower Space for the installation and maintenance of utility wires, poles, cables, conduits, and pipes. The Tower Space, Land Space, Right of Way and Further Rights of Way, if any, are substantially described in Exhibit “A”, attached hereto and made a part hereof and are collectively referred to hereinafter as the “Premises”.

NOW THEREFORE, in consideration of the sum of Five Hundred and No/100 Dollars ($500.00), to be paid by LESSEE to the LESSOR, which LESSEE will provide within thirty (30) days after full execution of this Agreement, the LESSOR hereby grants to LESSEE the right and option to lease said Premises including a right-of-way for access thereto, for the term and in accordance with the covenants and conditions set forth herein.

The option may be exercised at any time within twelve (12) months of the date on which this Agreement is fully executed. If the option has not been so exercised, it shall be automatically extended for one additional period of twelve (12) months, unless LESSEE gives written notice to the LESSOR of the intent not to extend prior to the end of the initial option period. If the option is extended, LESSEE shall make an additional payment of Five Hundred and No/100 Dollars ($500.00) to LESSOR. The time during which the option may be exercised may be further extended by mutual agreement in writing. If during said option period, or during the term of the lease, if the option is exercised, the LESSOR decides to subdivide, sell or change the status of the Property or the property contiguous thereto, the LESSOR shall immediately notify LESSEE in writing so that LESSEE can take steps necessary to protect LESSEE’s interest in the Premises.

This option may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal; to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization; or to any entity which acquires or receives an interest in the majority of communication towers of the LESSEE in the market defined by the Federal Communications Commission in which the Property is located. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder.

Should LESSEE fail to exercise this option or any extension thereof within the time herein limited, all rights and privileges granted hereunder shall be deemed completely surrendered, this option terminated, and LESSOR shall retain all money paid for the option, and no additional money shall be payable by either Party to the other.

LESSOR shall cooperate with LESSEE in its effort to obtain all certificates, permits and other approvals that may be required by any Federal, State or Local authorities which will permit LESSEE use of the Premises. LESSOR shall take no action which would adversely affect the status of the Property with respect to the proposed use by LESSEE.

The LESSOR shall permit LESSEE, during the option period, free ingress and egress to the Premises to conduct such surveys, inspections, structural strength analysis, subsurface soil tests, and other activities of a similar nature as LESSEE may deem necessary, at the sole cost of LESSEE.

LESSOR agrees to execute a Memorandum of this Option and Water Tower Lease Agreement (“Memorandum”) which LESSEE may record with the appropriate Recording Officer. The date set forth in the Memorandum is for recording purposes only and bears no reference to commencement of either term or rent payments.

Notice of the exercise of the option shall be given by LESSEE to the LESSOR in writing by certified mail, return receipt requested. Notice shall be deemed effective on the date it is posted. On the date of such notice the following agreement shall take effect:

WATER TOWER LEASE AGREEMENT 1. PREMISES. LESSOR hereby leases to the LESSEE a portion of that certain space (“the Tower Space”) on the LESSOR’s water tower,

hereinafter referred to as the “Tower”, located at 2513 B Street, in the City of South Sioux City, County of Dakota, State of Nebraska, and legally described on Exhibit “A” attached hereto and made a part hereof (the entirety of LESSOR’s property is referred to hereinafter as the “Property”), together with a parcel of land (the “Land Space”) sufficient for the installation of LESSEE’s equipment building; together with the non-exclusive right (“the Right of Way”) for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility

Deleted: __________________


35

wires, poles, cables, conduits, and pipes over, under, or along a right-of-way extending from the nearest public right-of-way, B Street, to the Land Space; and together with any further rights of way (the “Further Rights of Way”) over and through the Property between the Land Space and the Tower Space for the installation and maintenance of utility wires, poles, cables, conduits, and pipes. The Tower Space, Land Space, Right of Way and Further Rights of Way, if any, are substantially described in Exhibit “A”, attached hereto and made a part hereof and are collectively referred to hereinafter as the “Premises”.

In the event any public utility is unable to use the Right-of-Way or Further Rights of Way, the LESSOR hereby agrees to grant an additional right-of-way(s) either to the LESSEE or to the public utility at no cost to the LESSEE. LESSOR hereby grants permission to LESSEE to install, maintain and operate the radio communications equipment, antennas and appurtenances described in Exhibit “B” attached hereto. LESSEE reserves the right to replace the aforementioned equipment with similar and comparable equipment provided said replacement does not increase tower loading of said Tower.

2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and Premises, and said survey shall then become Exhibit “C” which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit “A”. Cost for such work shall be borne by the LESSEE.

3. TERM; ELECTRICAL.

a. This Agreement shall be effective as of the date of execution by both Parties, provided, however, the initial term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined) at which time rental payments shall commence and be due at a total annual rental of Nineteen Thousand Three Hundred Twenty and No/100 Dollars ($19,320.00) to be paid in equal monthly installments on the first day of the month, in advance, to LESSOR or to such other person, firm or place as LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date by notice given in accordance with Paragraph 24 below. Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE. The Agreement shall commence based upon the date LESSEE commences installation of the equipment on the Premises. In the event the date LESSEE commences installation of the equipment on the Premises falls between the 1st and 15th of the month, the Agreement shall commence on the 1st of that month and if the date installation commences falls between the 16th and 31st of the month, then the Agreement shall commence on the 1st day of the following month (either the “Commencement Date”). LESSOR and LESSEE agree that they shall acknowledge in writing the Commencement Date. LESSOR and LESSEE acknowledge and agree that initial rental payment(s) shall not actually be sent by LESSEE until thirty (30) days after a written acknowledgement confirming the Commencement Date. By way of illustration of the preceding sentence, if the Commencement Date is January 1 and the written acknowledgement confirming the Commencement Date is dated January 14, LESSEE shall send to the LESSOR the rental payments for January 1 and February 1 by February 13.

b. LESSOR shall, at all times during the Term, provide electrical service and telephone service access within the Premises. If permitted by the local utility company servicing the Premises, LESSEE shall furnish and install an electrical meter at the Premises for the measurement of electrical power used by LESSEE’s installation. In the alternative, if permitted by the local utility company servicing the Premises, LESSEE shall furnish and install an electrical sub-meter at the Premises for the measurement of electrical power used by LESSEE’s installation. In the event such sub-meter is installed, the LESSEE shall pay the utility directly for its power consumption, if billed by the utility, and if not billed by the utility, then the LESSEE shall pay the LESSOR thirty (30) days after receipt of an invoice from LESSOR indicating the usage amount based upon LESSOR’s reading of the sub-meter. All invoices for power consumption shall be sent by LESSOR to LESSEE at Verizon Wireless, PO Box 182727, Columbus, OH 43218. LESSEE shall be permitted at any time during the Term, to install, maintain and/or provide access to and use of, as necessary (during any power interruption at the Premises), a temporary power source, and all related equipment and appurtenances within the Premises, or elsewhere on the Property in such locations as reasonably approved by LESSOR. LESSEE shall have the right to install conduits connecting the temporary power source and related appurtenances to the Premises.

4. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional five (5) year terms unless LESSEE terminates it

at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term.

5. EXTENSION RENTALS. The annual rental for the first (1st) five (5) year extension term shall be increased to Twenty-two Thousand Two Hundred Eighteen and No/100 Dollars ($22,218.00); the annual rental for the second (2nd) five (5) year extension term shall be increased to Twenty-five Thousand Five Hundred Fifty and No/100 Dollars ($25,550.00); the annual rental for the third (3rd) five (5) year extension term shall be increased to Twenty-nine Thousand Three Hundred Eighty-three and No/100 Dollars ($29,383.00); and the annual rental for the fourth (4th) five (5) year extension term shall be increased to Thirty-three Thousand Seven Hundred Ninety and No/100 Dollars ($33,790.00).

6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year extension term this Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least three (3) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of five (5) years and for five (5) year terms thereafter until terminated by either Party by giving to the other written notice of its intention to so terminate at least three (3) months prior to the end of such term. Annual rental for each such additional five (5) year term shall be equal to one hundred fifteen percent (115%) of the annual rental payable with respect to the immediately preceding five (5) year term. The initial term and all extensions shall be collectively referred to herein as the “Term”.

7. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. All improvements, equipment, antennas and conduits shall be at LESSEE’s expense and the installation shall be at the discretion and option of LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached hereto, during the Term. It is understood and agreed that LESSEE’s ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other approvals (collectively the “Governmental Approvals”) that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests and structural analysis which will permit

Deleted: Ten

Deleted: 10,000

Deleted: ______________.

Deleted: Eleven

Deleted: Five

Deleted: 11,500

Deleted: Thirteen Thousand Two Hundred

Deleted: 13,225

Deleted: Fifteen

Deleted: Seventeen

Deleted: Four

Deleted: 17,490

Deleted: Two

Deleted: Eight

Deleted: 15,208


36

LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) LESSEE determines that such Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that any soil boring tests or structural analysis is unsatisfactory; (v) LESSEE determines that the Premises is no longer technically or structurally compatible for its use, or (vi) LESSEE, in its sole discretion, determines that it will be unable to use the Premises for its intended purposes, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE’s exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE, or upon such later date as designated by LESSEE. All rentals paid to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder. Otherwise, the LESSEE shall have no further obligations for the payment of rent to LESSOR.

8. INDEMNIFICATION. Subject to Paragraph 9 below, each Party shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other Party, or its employees, contractors or agents.

9. INSURANCE. The Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Parties, or either of them. These waivers and releases shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation. All such policies of insurance obtained by either Party concerning the Premises or the Property shall waive the insurer’s right of subrogation against the other Party.

a. LESSOR and LESSEE each agree that at its own cost and expense, each will maintain commercial general liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $500,000 for damage or destruction to property in any one occurrence. LESSOR and LESSEE each agree that it will include the other Party as an additional insured.

b. In addition, LESSOR shall obtain and keep in force during the Term a policy or policies insuring against loss or damage to the Tower at full replacement cost, as the same shall exist from time to time without a coinsurance feature. LESSOR’s policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and earthquake unless required by a lender or included in the base premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Tower required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance.

10. LIMITATION OF LIABILITY. Except for indemnification pursuant to paragraphs 8 and 30, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.

11. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the Commencement Date provided that three (3) months prior notice is given to LESSOR.

12. ACCESS TO TOWER. LESSOR agrees the LESSEE shall have free access to the Tower at all times for the purpose of installing and maintaining the said equipment. LESSOR shall furnish LESSEE with necessary means of access for the purpose of ingress and egress to this site and Tower location. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of LESSEE or persons under their direct supervision will be permitted to enter said Premises.

13. TOWER COMPLIANCE. LESSOR covenants that it will keep the Tower in good repair as required by all Laws (as defined in Paragraph 34 below). The LESSOR shall also comply with all rules and regulations enforced by the Federal Communications Commission with regard to the lighting, marking and painting of towers. If the LESSOR fails to make such repairs including maintenance the LESSEE may make the repairs and the costs thereof shall be payable to the LESSEE by the LESSOR on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws. If the LESSOR does not make payment to the LESSEE within ten (10) days after such demand, the LESSEE shall have the right to deduct the costs of the repairs from the succeeding monthly rental amounts normally due from the LESSEE to the LESSOR.

No materials may be used in the installation of the antennas or transmission lines that will cause corrosion or rust or deterioration of the Tower structure or its appurtenances. All antenna(s) on the Tower must be identified by a marking fastened securely to its bracket on the Tower and all transmission lines are to be tagged at the conduit opening where it enters any user’s equipment space.

14. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of LESSOR or other lessees of the Property which existed on the Property prior to the date this Agreement is executed by the Parties. In the event any after-installed LESSEE’s equipment causes such interference, and after LESSOR has notified LESSEE in writing of such interference, LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference,


37

including but not limited to, at LESSEE’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will LESSOR be entitled to terminate this Agreement or relocate the equipment as long as LESSEE is making a good faith effort to remedy the interference issue. LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance.

15. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or within ninety (90) days after any earlier termination of the Agreement, remove its building(s), antenna(s), equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable Laws. If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed.

16. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph 15 herein, unless the Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds over in violation of Paragraph 15 and this Paragraph 16, then the rent then in effect payable from and after the time of the expiration or earlier removal period set forth in Paragraph 15 shall be increased to one hundred and ten percent (110%) of the rent applicable during the month immediately preceding such expiration or earlier termination.

17. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Term (i) to sell or otherwise transfer all or any portion of the Property, whether separately or as part of a larger parcel of which the Property is a part, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Tower and/or Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, with or without an assignment of this Agreement to such third party, LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the same terms and conditions of such offer. If LESSEE fails to meet such bona fide offer within thirty (30) days after written notice thereof from LESSOR, LESSOR may sell or grant the easement or interest in the Property or portion thereof to such third person in accordance with the terms and conditions of such third party offer. For purposes of this Paragraph, any transfer, bequest or devise of LESSOR’s interest in the Property as a result of the death of LESSOR, whether by will or intestate succession, shall not be considered a sale of the Property for which LESSEE has any right of first refusal.

18. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (i) to sell or transfer all or any part of the Property or the Tower thereon to a purchaser other than LESSEE, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Tower and/or Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, such sale or grant of an easement or interest therein shall be under and subject to this Agreement and any such purchaser or transferee shall recognize LESSEE’s rights hereunder under the terms of this Agreement. To the extent that LESSOR grants to a third party by easement or other legal instrument an interest in and to that portion of the Tower and/or Property occupied by LESSEE for the purpose of operating and maintaining communications facilities or the management thereof and in conjunction therewith, assigns this Agreement to said third party, LESSOR shall not be released from its obligations to LESSEE under this Agreement, and LESSEE shall have the right to look to LESSOR and the third party for the full performance of this Agreement.

19. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises.

20. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants during the Term that there are no liens, judgments or impediments of title on the Property, or affecting LESSOR’s title to the same and that there are no covenants, easements or restrictions which prevent or adversely affect the use or occupancy of the Premises by LESSEE as set forth above.

21. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a written acknowledgment in the case provided in Paragraph 3. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, in law or in equity.

22. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the Laws of the State in which the Property is located.

23. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE’s principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE’s assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the LESSOR, which such consent will not be


38

unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder.

24. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier’s regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier’s receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice):

LESSOR: City of South Sioux City Attn:

1615 First Avenue South Sioux City, Nebraska 68776

LESSEE: Sioux City MSA Limited Partnership d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate

Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 25. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representative, successors and assigns of the Parties hereto.

26. SUBORDINATION AND NON-DISTURBANCE. LESSOR shall obtain not later than fifteen (15) days following the execution of this Agreement, a Non-Disturbance Agreement, as defined below, from its existing mortgagee(s), ground lessors and master lessors, if any, of the Property. At LESSOR’s option, this Agreement shall be subordinate to any future master lease, ground lease, mortgage, deed of trust or other security interest (a “Mortgage”) by LESSOR which from time to time may encumber all or part of the Property, Tower or right-of-way; provided, however, as a condition precedent to LESSEE being required to subordinate its interest in this Agreement to any future Mortgage covering the Tower or Property, LESSOR shall obtain for LESSEE’s benefit a non-disturbance and attornment agreement for LESSEE’s benefit in the form reasonably satisfactory to LESSEE, and containing the terms described below (the “Non-Disturbance Agreement”), and shall recognize LESSEE’s right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement beyond applicable notice and cure periods. The Non-Disturbance Agreement shall include the encumbering Party’s (“Lender’s”) agreement that, if Lender or its successor-in-interest or any purchaser of Lender’s or its successor’s interest (a “Purchaser”) acquires an ownership interest in the Tower or Property, Lender or such successor-in-interest or Purchaser will (1) honor all of the terms of the Agreement, (2) fulfill LESSOR’s obligations under the Agreement, and (3) promptly cure all of the then-existing LESSOR defaults under the Agreement. Such Non-Disturbance Agreement must be binding on all of Lender’s participants in the subject loan (if any) and on all successors and assigns of Lender and/or its participants and on all Purchasers. In return for such Non-Disturbance Agreement, LESSEE will execute an agreement for Lender’s benefit in which LESSEE (1) confirms that the Agreement is subordinate to the Mortgage or other real property interest in favor of Lender, (2) agrees to attorn to Lender if Lender becomes the owner of the Tower or Property, (3) agrees to give Lender copies of whatever notices of default LESSEE must give LESSOR, (4) agrees to accept a cure by Lender of any of LESSOR’s defaults, provided such cure is completed within the deadline applicable to LESSOR, (5) agrees to not pay rent more than one month, or one year in the event rent is paid annually, in advance and (6) agrees that no material modification or material amendment of the Agreement will be binding on Lender unless it has been consented to in writing by Lender. LESSOR and LESSEE agree that, for the purposes of Paragraph 26, nonmaterial amendments or modifications shall include, but shall not be limited to, the following: (i) any extension of the term of the Agreement, (ii) any addition to, alteration, modification, or replacement of LESSEE’s equipment, (iii) any relocation of LESSEE’s equipment, (iv) any increase in the rent, and (v) any decrease in the rent, provided however, that such an amendment shall become material should the decrease in rent result in rent lower than the amount then prescribed by the unamended Agreement. In the event LESSOR defaults in the payment and/or other performance of any mortgage or other real property interest encumbering the Property, LESSEE, may, at its sole option and without obligation, cure or correct LESSOR’s default and upon doing so, LESSEE shall be subrogated to any and all rights, titles, liens and equities of the holders of such mortgage or other real property interest and LESSEE shall be entitled to deduct and setoff against all rents that may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such defaults.

27. RECORDING. LESSOR agrees to execute a Memorandum of this Water Tower Lease Agreement (“Memorandum”) which LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum is for recording purposes only and bears no reference to commencement of either the Term or rent payments.

28. DEFAULT.

a. In the event there is a breach by LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days in which to cure any non-monetary breach, provided LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the breach within the time periods provided in this Paragraph.

b. In the event there is a breach by LESSOR with respect to any of the provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written notice of such breach. After receipt of such written notice, LESSOR shall have thirty (30) days in which to cure any such breach, provided LESSOR shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSOR commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSEE may not maintain any action or effect any remedies for default against LESSOR unless and until LESSOR has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if LESSOR

Deleted: LESSOR: [Insert Lessor Name and Address]¶¶


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fails, within five (5) days after receipt of written notice of such breach, to perform an obligation required to be performed by LESSOR if the failure to perform such an obligation interferes with LESSEE’s ability to conduct its business on the Property; provided, however, that if the nature of LESSOR’s obligation is such that more than five (5) days after such notice is reasonably required for its performance, then it shall not be a default under this Agreement if performance is commenced within such five (5) day period and thereafter diligently pursued to completion.

29. REMEDIES. Upon a default, the non-defaulting Party may at its option (but without obligation to do so), perform the defaulting Party’s duty or obligation on the defaulting Party’s behalf, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non-defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. In the event of a default by either Party with respect to a material provision of this Agreement, without limiting the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of such default, the non-defaulting Party may terminate the Agreement and/or pursue any remedy now or hereafter available to the non-defaulting Party under the Laws or judicial decisions of the state in which the Premises are located; provided, however, LESSOR shall use reasonable efforts to mitigate its damages in connection with a default by LESSEE. If LESSEE so performs any of LESSOR’s obligations hereunder, the full amount of the reasonable and actual cost and expense incurred by LESSEE shall immediately be owing by LESSOR to LESSEE, and LESSOR shall pay to LESSEE upon demand the full undisputed amount thereof with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws. Notwithstanding the foregoing, if LESSOR does not pay LESSEE the full undisputed amount within thirty (30) days of its receipt of an invoice setting forth the amount due from LESSOR, LESSEE may offset the full undisputed amount, including all accrued interest, due against all fees due and owing to LESSOR until the full undisputed amount, including all accrued interest, is fully reimbursed to LESSEE.

30. ENVIRONMENTAL.

a. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Tower or Property, unless such conditions or concerns are caused by the specific activities of LESSEE in the Premises.

b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR’s sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: a) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non-compliance results from conditions caused by LESSEE; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Tower or Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE.

31. CASUALTY. In the event of damage by fire or other casualty to the Tower or Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE’s operations at the Premises for more than forty-five (45) days, then LESSEE may, at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon fifteen (15) days prior written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. Notwithstanding the foregoing, the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEE’s use of the Premises is impaired.

32. CONDEMNATION. If as a result of any condemnation of the Premises or Tower, LESSEE, in LESSEE’s sole discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt LESSEE’s operations at the Premises for more than forty-five (45) days, LESSEE may, at LESSEE’s option, to be exercised in writing within fifteen (15) days after LESSOR shall have given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15) days after the condemning authority shall have taken possession) terminate this Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to the total rentable area of the Premises. In the event that this Agreement is not terminated by reason of such condemnation, LESSOR shall promptly repair any damage to the Premises caused by such condemning authority.

33. SUBMISSION OF AGREEMENT/PARTIAL INVALIDITY/AUTHORITY. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such Party has the full right, power and authority to enter into and execute this Agreement on such Party’s behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement.

34. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property and all structural elements of the Premises in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits,


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building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) (collectively “Laws”). LESSEE shall, in respect to the condition of the Premises and at LESSEE’s sole cost and expense, comply with (a) all Laws relating solely to LESSEE’s specific and unique nature of use of the Premises (other than general office use); and (b) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises.

35. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration.

36. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement.

37. PAINTING OF WATER TOWER. In the years that LESOR paints the water tower, LESSEE’s equipment shall remain intact on the tower and will not be required to be removed during painting. LESSE agrees to pay LESSOR an additional rent of Two Thousand Five Hundred and No/100 Dollars ($2,500.00) each year (not to exceed once every ten years) that the water tower is actually painted. LESSOR must inform LESSEE in writing of LESSOR’s intention of paining the water tower at lease six months prior to the painting taking place. LESSOR shall also send an invoice to LESSEE at lease six months prior to LESSEE’s payment of additional rents.

38. REAL ESTATE TAXES. LESSEE shall pay as additional rent any documented increase in real estate taxes levied against the leased Property which are directly attributable to the improvements constructed by LESSEE. LESSOR shall provide to LESSEE a copy of any notice, assessment or billing relating to real estate taxes for which LESSEE is responsible under this Agreement within ten (10) days of receipt of the same by LESSOR. LESSEE shall have no obligation to make payment of any real estate taxes until LESSEE has received the notice, assessment or billing relating to such payment as set forth in the preceding sentence. In the event LESSOR fails to provide to LESSEE a copy of any real estate tax notice, assessment or billing within the ten (10) day period set forth herein, LESSEE shall be relieved of any obligation or responsibility to make payment of real estate taxes referred to in the notice, assessment or billing which was not timely delivered by LESSOR to LESSEE.

LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any real estate tax assessment or billing for which LESSEE is wholly or partly responsible for payment under this Agreement. LESSOR shall reasonably cooperate with LESSEE in filing, prosecuting and perfecting any appeal or challenge to real estate taxes as set forth in the preceding sentence, including but not limited to, executing any consent to appeal or other similar document.

IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals as of the day and year first below written. LESSOR: City of South Sioux City, Nebraska By: _________________________________ Name: ______________________________ Its: _________________________________ Date: _______________________________

LESSEE: Sioux City MSA Limited Partnership d/b/a Verizon Wireless By: ______________________________

Howard H. Bower Its: Midwest Area Vice President-Network Date: ________________________________

Acknowledgments on following page The remainder of this page intentionally left blank

ACKNOWLEDGMENTS LESSOR ACKNOWLEDGMENT

[Insert Lessor State Acknowledgment Here] LESSEE ACKNOWLEDGMENT

STATE OF INDIANA ) ) ss. COUNTY OF HAMILTON )

On this ______ day of ______________, 200__, before me, the undersigned, a Notary Public in and for the State of Indiana, duly commissioned and sworn, personally appeared Howard H. Bower, to me known to be the Midwest Area Vice President - Network of Sioux City MSA Limited Partnership d/b/a Verizon Wireless, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Sioux City MSA Limited Partnership d/b/a Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Print or Type Name: Notary Public in and for the State of Indiana

My appointment expires: Exhibit “A”

(Legal Description) Page 1 of 2

Lots Two (2), Three (3), Four (4), Five (5) and Six (6), Block Two (2) and that part of 25th Street, all in Railway Addition, Dakota County, commonly known as First Railway Addition to South Sioux City, Dakota County, Nebraska.

Exhibit “A” (Sketch of Property) Page 2 of 2

Deleted: Five

Deleted: 5000

Deleted: _____________________

Deleted: _____________________

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Sketch to come shortly. Exhibit “B”

(Radio Communications Equipment, Page 1 of 1Antennas and Appurtenances) Twelve (12) antennas at 102 foot centerline above ground level, Twelve (12) cable lines from equipment to antennas, equipment building with communications/power supply equipment, telephone and electrical facilities, and all associated equipment and appurtenances related to the aforementioned antennas, lines, equipment and facilities.

End Verizon Redlined Lease Showing Changes of the 1/17/07 Version Final Draft of Verizon Lease Agreement and Right of Entry Agreement SITE NAME: SCYC Raymond Park SITE NUMBER: _____________ MOSS & BARNETT/3/23/07

OPTION AND WATER TOWER LEASE AGREEMENT This Agreement made this ______ day of __________________, 200__, between City of South Sioux City, Nebraska, with its principal offices located

at 1615 First Avenue, South Sioux City, Nebraska 68776, Tax ID # __________________, hereinafter designated LESSOR and Sioux City MSA Limited Partnership d/b/a Verizon Wireless, with its principal offices located at One Verizon Way, Basking Ridge, New Jersey, 07920, hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively referred to hereinafter as the “Parties” or individually as the “Party”.

LESSOR is the owner of that certain real property located at 2513 B Street, in the City of South Sioux City, County of Dakota, State of Nebraska, and legally described on Exhibit “A” attached hereto and made a part hereof (the entirety of LESSOR’s property is referred to hereinafter as the “Property”). LESSEE desires to obtain an option to lease a portion of that certain space (“the Tower Space”) on the LESSOR’s tower, (hereinafter referred to as the “Tower”) and a portion of said Property being described as a 18 by 36 foot parcel containing approximately 648 square feet together with a parcel of land (the “Land Space”) sufficient for the installation of LESSEE’s equipment building; together with the non-exclusive right (the “Right of Way”) for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a right-of-way extending from the nearest public right-of-way, B Street, to the Land Space; and together with any further rights of way (the “Further Rights of Way”) over and through the Property between the Land Space and the Tower Space for the installation and maintenance of utility wires, poles, cables, conduits, and pipes. The Tower Space, Land Space, Right of Way and Further Rights of Way, if any, are substantially described in Exhibit “A”, attached hereto and made a part hereof and are collectively referred to hereinafter as the “Premises”.

NOW THEREFORE, in consideration of the sum of Five Hundred and No/100 Dollars ($500.00), to be paid by LESSEE to the LESSOR, which LESSEE will provide within thirty (30) days after full execution of this Agreement, the LESSOR hereby grants to LESSEE the right and option to lease said Premises including a right-of-way for access thereto, for the term and in accordance with the covenants and conditions set forth herein.

The option may be exercised at any time within twelve (12) months of the date on which this Agreement is fully executed. If the option has not been so exercised, it shall be automatically extended for one additional period of twelve (12) months, unless LESSEE gives written notice to the LESSOR of the intent not to extend prior to the end of the initial option period. If the option is extended, LESSEE shall make an additional payment of Five Hundred and No/100 Dollars ($500.00) to LESSOR. The time during which the option may be exercised may be further extended by mutual agreement in writing. If during said option period, or during the term of the lease, if the option is exercised, the LESSOR decides to subdivide, sell or change the status of the Property or the property contiguous thereto, the LESSOR shall immediately notify LESSEE in writing so that LESSEE can take steps necessary to protect LESSEE’s interest in the Premises.

This option may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal; to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization; or to any entity which acquires or receives an interest in the majority of communication towers of the LESSEE in the market defined by the Federal Communications Commission in which the Property is located. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder.

Should LESSEE fail to exercise this option or any extension thereof within the time herein limited, all rights and privileges granted hereunder shall be deemed completely surrendered, this option terminated, and LESSOR shall retain all money paid for the option, and no additional money shall be payable by either Party to the other.

LESSOR shall cooperate with LESSEE in its effort to obtain all certificates, permits and other approvals that may be required by any Federal, State or Local authorities which will permit LESSEE use of the Premises. LESSOR shall take no action which would adversely affect the status of the Property with respect to the proposed use by LESSEE.

The LESSOR shall permit LESSEE, during the option period, free ingress and egress to the Premises to conduct such surveys, inspections, structural strength analysis, subsurface soil tests, and other activities of a similar nature as LESSEE may deem necessary, at the sole cost of LESSEE.

LESSOR agrees to execute a Memorandum of this Option and Water Tower Lease Agreement (“Memorandum”) which LESSEE may record with the appropriate Recording Officer. The date set forth in the Memorandum is for recording purposes only and bears no reference to commencement of either term or rent payments.

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Notice of the exercise of the option shall be given by LESSEE to the LESSOR in writing by certified mail, return receipt requested. Notice shall be deemed effective on the date it is posted. On the date of such notice the following agreement shall take effect:

WATER TOWER LEASE AGREEMENT 39. PREMISES. LESSOR hereby leases to the LESSEE a portion of that certain space (“the Tower Space”) on the LESSOR’s water tower,

hereinafter referred to as the “Tower”, located at 2513 B Street, in the City of South Sioux City, County of Dakota, State of Nebraska, and legally described on Exhibit “A” attached hereto and made a part hereof (the entirety of LESSOR’s property is referred to hereinafter as the “Property”), together with a parcel of land (the “Land Space”) sufficient for the installation of LESSEE’s equipment building; together with the non-exclusive right (“the Right of Way”) for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a right-of-way extending from the nearest public right-of-way, B Street, to the Land Space; and together with any further rights of way (the “Further Rights of Way”) over and through the Property between the Land Space and the Tower Space for the installation and maintenance of utility wires, poles, cables, conduits, and pipes. The Tower Space, Land Space, Right of Way and Further Rights of Way, if any, are substantially described in Exhibit “A”, attached hereto and made a part hereof and are collectively referred to hereinafter as the “Premises”.

In the event any public utility is unable to use the Right-of-Way or Further Rights of Way, the LESSOR hereby agrees to grant an additional right-of-way(s) either to the LESSEE or to the public utility at no cost to the LESSEE. LESSOR hereby grants permission to LESSEE to install, maintain and operate the radio communications equipment, antennas and appurtenances described in Exhibit “B” attached hereto. LESSEE reserves the right to replace the aforementioned equipment with similar and comparable equipment provided said replacement does not increase tower loading of said Tower.

40. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and Premises, and said survey shall then become Exhibit “C” which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit “A”. Cost for such work shall be borne by the LESSEE.

41. TERM; ELECTRICAL.

a. This Agreement shall be effective as of the date of execution by both Parties, provided, however, the initial term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined) at which time rental payments shall commence and be due at a total annual rental of Nineteen Thousand Three Hundred Twenty and No/100 Dollars ($19,320.00) to be paid in equal monthly installments on the first day of the month, in advance, to LESSOR or to such other person, firm or place as LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date by notice given in accordance with Paragraph 24 below. Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE. The Agreement shall commence based upon the date LESSEE commences installation of the equipment on the Premises. In the event the date LESSEE commences installation of the equipment on the Premises falls between the 1st and 15th of the month, the Agreement shall commence on the 1st of that month and if the date installation commences falls between the 16th and 31st of the month, then the Agreement shall commence on the 1st day of the following month (either the “Commencement Date”). LESSOR and LESSEE agree that they shall acknowledge in writing the Commencement Date. LESSOR and LESSEE acknowledge and agree that initial rental payment(s) shall not actually be sent by LESSEE until thirty (30) days after a written acknowledgement confirming the Commencement Date. By way of illustration of the preceding sentence, if the Commencement Date is January 1 and the written acknowledgement confirming the Commencement Date is dated January 14, LESSEE shall send to the LESSOR the rental payments for January 1 and February 1 by February 13.

b. LESSOR shall, at all times during the Term, provide electrical service and telephone service access within the Premises. If permitted by the local utility company servicing the Premises, LESSEE shall furnish and install an electrical meter at the Premises for the measurement of electrical power used by LESSEE’s installation. In the alternative, if permitted by the local utility company servicing the Premises, LESSEE shall furnish and install an electrical sub-meter at the Premises for the measurement of electrical power used by LESSEE’s installation. In the event such sub-meter is installed, the LESSEE shall pay the utility directly for its power consumption, if billed by the utility, and if not billed by the utility, then the LESSEE shall pay the LESSOR thirty (30) days after receipt of an invoice from LESSOR indicating the usage amount based upon LESSOR’s reading of the sub-meter. All invoices for power consumption shall be sent by LESSOR to LESSEE at Verizon Wireless, PO Box 182727, Columbus, OH 43218. LESSEE shall be permitted at any time during the Term, to install, maintain and/or provide access to and use of, as necessary (during any power interruption at the Premises), a temporary power source, and all related equipment and appurtenances within the Premises, or elsewhere on the Property in such locations as reasonably approved by LESSOR. LESSEE shall have the right to install conduits connecting the temporary power source and related appurtenances to the Premises.

42. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional five (5) year terms unless LESSEE terminates it

at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term.

43. EXTENSION RENTALS. The annual rental for the first (1st) five (5) year extension term shall be increased to Twenty-two Thousand Two Hundred Eighteen and No/100 Dollars ($22,218.00); the annual rental for the second (2nd) five (5) year extension term shall be increased to Twenty-five Thousand Five Hundred Fifty and No/100 Dollars ($25,550.00); the annual rental for the third (3rd) five (5) year extension term shall be increased to Twenty-nine Thousand Three Hundred Eighty-three and No/100 Dollars ($29,383.00); and the annual rental for the fourth (4th) five (5) year extension term shall be increased to Thirty-three Thousand Seven Hundred Ninety and No/100 Dollars ($33,790.00).

44. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year extension term this Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least three (3) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of five (5) years and for five (5) year terms thereafter until terminated by either Party by giving to the other written notice of its intention to so terminate at least three (3) months prior to the end of such term. Annual rental for each


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such additional five (5) year term shall be equal to one hundred fifteen percent (115%) of the annual rental payable with respect to the immediately preceding five (5) year term. The initial term and all extensions shall be collectively referred to herein as the “Term”.

45. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. All improvements, equipment, antennas and conduits shall be at LESSEE’s expense and the installation shall be at the discretion and option of LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached hereto, during the Term. It is understood and agreed that LESSEE’s ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other approvals (collectively the “Governmental Approvals”) that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests and structural analysis which will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) LESSEE determines that such Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that any soil boring tests or structural analysis is unsatisfactory; (v) LESSEE determines that the Premises is no longer technically or structurally compatible for its use, or (vi) LESSEE, in its sole discretion, determines that it will be unable to use the Premises for its intended purposes, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE’s exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE, or upon such later date as designated by LESSEE. All rentals paid to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder. Otherwise, the LESSEE shall have no further obligations for the payment of rent to LESSOR.

46. INDEMNIFICATION. Subject to Paragraph 9 below, each Party shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other Party, or its employees, contractors or agents.

47. INSURANCE.

a. The Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Parties, or either of them. These waivers and releases shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation. All such policies of insurance obtained by either Party concerning the Premises or the Property shall waive the insurer’s right of subrogation against the other Party.

b. LESSOR and LESSEE each agree that at its own cost and expense, each will maintain commercial general liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $500,000 for damage or destruction to property in any one occurrence. LESSOR and LESSEE each agree that it will include the other Party as an additional insured.

c. In addition, LESSOR shall obtain and keep in force during the Term a policy or policies insuring against loss or damage to the Tower at full replacement cost, as the same shall exist from time to time without a coinsurance feature. LESSOR’s policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and earthquake unless required by a lender or included in the base premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Tower required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance.

48. LIMITATION OF LIABILITY. Except for indemnification pursuant to paragraphs 8 and 30, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.

49. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the Commencement Date provided that three (3) months prior notice is given to LESSOR.

50. ACCESS TO TOWER. LESSOR agrees the LESSEE shall have free access to the Tower at all times for the purpose of installing and maintaining the said equipment. LESSOR shall furnish LESSEE with necessary means of access for the purpose of ingress and egress to this site and Tower location. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of LESSEE or persons under their direct supervision will be permitted to enter said Premises.

51. TOWER COMPLIANCE. LESSOR covenants that it will keep the Tower in good repair as required by all Laws (as defined in Paragraph 34 below). The LESSOR shall also comply with all rules and regulations enforced by the Federal Communications Commission with regard to the lighting, marking and painting of towers. If the LESSOR fails to make such repairs including maintenance the LESSEE may make the repairs and the costs thereof shall be payable to the LESSEE by the LESSOR on demand together with interest thereon from the date of payment at the greater of (i) ten percent


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(10%) per annum, or (ii) the highest rate permitted by applicable Laws. If the LESSOR does not make payment to the LESSEE within ten (10) days after such demand, the LESSEE shall have the right to deduct the costs of the repairs from the succeeding monthly rental amounts normally due from the LESSEE to the LESSOR.

No materials may be used in the installation of the antennas or transmission lines that will cause corrosion or rust or deterioration of the Tower structure or its appurtenances. All antenna(s) on the Tower must be identified by a marking fastened securely to its bracket on the Tower and all transmission lines are to be tagged at the conduit opening where it enters any user’s equipment space.

52. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of LESSOR or other lessees of the Property which existed on the Property prior to the date this Agreement is executed by the Parties. In the event any after-installed LESSEE’s equipment causes such interference, and after LESSOR has notified LESSEE in writing of such interference, LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LESSEE’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will LESSOR be entitled to terminate this Agreement or relocate the equipment as long as LESSEE is making a good faith effort to remedy the interference issue. LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance.

53. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or within ninety (90) days after any earlier termination of the Agreement, remove its building(s), antenna(s), equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable Laws. If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed.

54. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph 15 herein, unless the Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds over in violation of Paragraph 15 and this Paragraph 16, then the rent then in effect payable from and after the time of the expiration or earlier removal period set forth in Paragraph 15 shall be increased to one hundred and ten percent (110%) of the rent applicable during the month immediately preceding such expiration or earlier termination.

55. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Term (i) to sell or otherwise transfer all or any portion of the Property, whether separately or as part of a larger parcel of which the Property is a part, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Tower and/or Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, with or without an assignment of this Agreement to such third party, LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the same terms and conditions of such offer. If LESSEE fails to meet such bona fide offer within thirty (30) days after written notice thereof from LESSOR, LESSOR may sell or grant the easement or interest in the Property or portion thereof to such third person in accordance with the terms and conditions of such third party offer. For purposes of this Paragraph, any transfer, bequest or devise of LESSOR’s interest in the Property as a result of the death of LESSOR, whether by will or intestate succession, shall not be considered a sale of the Property for which LESSEE has any right of first refusal.

56. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (i) to sell or transfer all or any part of the Property or the Tower thereon to a purchaser other than LESSEE, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Tower and/or Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, such sale or grant of an easement or interest therein shall be under and subject to this Agreement and any such purchaser or transferee shall recognize LESSEE’s rights hereunder under the terms of this Agreement. To the extent that LESSOR grants to a third party by easement or other legal instrument an interest in and to that portion of the Tower and/or Property occupied by LESSEE for the purpose of operating and maintaining communications facilities or the management thereof and in conjunction therewith, assigns this Agreement to said third party, LESSOR shall not be released from its obligations to LESSEE under this Agreement, and LESSEE shall have the right to look to LESSOR and the third party for the full performance of this Agreement.

57. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises.

58. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants during the Term that there are no liens, judgments or impediments of title on the Property, or affecting LESSOR’s title to the same and that there are no covenants, easements or restrictions which prevent or adversely affect the use or occupancy of the Premises by LESSEE as set forth above.

59. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a written acknowledgment in the case provided in Paragraph 3. In the event any provision of the Agreement is found to be invalid or


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unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, in law or in equity.

60. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the Laws of the State in which the Property is located.

61. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE’s principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE’s assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder.

62. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier’s regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier’s receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice):

LESSOR: City of South Sioux City Attn:

1615 First Avenue South Sioux City, Nebraska 68776

LESSEE: Sioux City MSA Limited Partnership d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate

Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 63. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representative, successors and assigns of the Parties hereto.

64. SUBORDINATION AND NON-DISTURBANCE. LESSOR shall obtain not later than fifteen (15) days following the execution of this Agreement, a Non-Disturbance Agreement, as defined below, from its existing mortgagee(s), ground lessors and master lessors, if any, of the Property. At LESSOR’s option, this Agreement shall be subordinate to any future master lease, ground lease, mortgage, deed of trust or other security interest (a “Mortgage”) by LESSOR which from time to time may encumber all or part of the Property, Tower or right-of-way; provided, however, as a condition precedent to LESSEE being required to subordinate its interest in this Agreement to any future Mortgage covering the Tower or Property, LESSOR shall obtain for LESSEE’s benefit a non-disturbance and attornment agreement for LESSEE’s benefit in the form reasonably satisfactory to LESSEE, and containing the terms described below (the “Non-Disturbance Agreement”), and shall recognize LESSEE’s right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement beyond applicable notice and cure periods. The Non-Disturbance Agreement shall include the encumbering Party’s (“Lender’s”) agreement that, if Lender or its successor-in-interest or any purchaser of Lender’s or its successor’s interest (a “Purchaser”) acquires an ownership interest in the Tower or Property, Lender or such successor-in-interest or Purchaser will (1) honor all of the terms of the Agreement, (2) fulfill LESSOR’s obligations under the Agreement, and (3) promptly cure all of the then-existing LESSOR defaults under the Agreement. Such Non-Disturbance Agreement must be binding on all of Lender’s participants in the subject loan (if any) and on all successors and assigns of Lender and/or its participants and on all Purchasers. In return for such Non-Disturbance Agreement, LESSEE will execute an agreement for Lender’s benefit in which LESSEE (1) confirms that the Agreement is subordinate to the Mortgage or other real property interest in favor of Lender, (2) agrees to attorn to Lender if Lender becomes the owner of the Tower or Property, (3) agrees to give Lender copies of whatever notices of default LESSEE must give LESSOR, (4) agrees to accept a cure by Lender of any of LESSOR’s defaults, provided such cure is completed within the deadline applicable to LESSOR, (5) agrees to not pay rent more than one month, or one year in the event rent is paid annually, in advance and (6) agrees that no material modification or material amendment of the Agreement will be binding on Lender unless it has been consented to in writing by Lender. LESSOR and LESSEE agree that, for the purposes of Paragraph 26, nonmaterial amendments or modifications shall include, but shall not be limited to, the following: (i) any extension of the term of the Agreement, (ii) any addition to, alteration, modification, or replacement of LESSEE’s equipment, (iii) any relocation of LESSEE’s equipment, (iv) any increase in the rent, and (v) any decrease in the rent, provided however, that such an amendment shall become material should the decrease in rent result in rent lower than the amount then prescribed by the unamended Agreement. In the event LESSOR defaults in the payment and/or other performance of any mortgage or other real property interest encumbering the Property, LESSEE, may, at its sole option and without obligation, cure or correct LESSOR’s default and upon doing so, LESSEE shall be subrogated to any and all rights, titles, liens and equities of the holders of such mortgage or other real property interest and LESSEE shall be entitled to deduct and setoff against all rents that may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such defaults.

65. RECORDING. LESSOR agrees to execute a Memorandum of this Water Tower Lease Agreement (“Memorandum”) which LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum is for recording purposes only and bears no reference to commencement of either the Term or rent payments.


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66. DEFAULT.

a. In the event there is a breach by LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days in which to cure any non-monetary breach, provided LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the breach within the time periods provided in this Paragraph.

b. In the event there is a breach by LESSOR with respect to any of the provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written notice of such breach. After receipt of such written notice, LESSOR shall have thirty (30) days in which to cure any such breach, provided LESSOR shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSOR commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSEE may not maintain any action or effect any remedies for default against LESSOR unless and until LESSOR has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if LESSOR fails, within five (5) days after receipt of written notice of such breach, to perform an obligation required to be performed by LESSOR if the failure to perform such an obligation interferes with LESSEE’s ability to conduct its business on the Property; provided, however, that if the nature of LESSOR’s obligation is such that more than five (5) days after such notice is reasonably required for its performance, then it shall not be a default under this Agreement if performance is commenced within such five (5) day period and thereafter diligently pursued to completion.

67. REMEDIES. Upon a default, the non-defaulting Party may at its option (but without obligation to do so), perform the defaulting Party’s duty or obligation on the defaulting Party’s behalf, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non-defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. In the event of a default by either Party with respect to a material provision of this Agreement, without limiting the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of such default, the non-defaulting Party may terminate the Agreement and/or pursue any remedy now or hereafter available to the non-defaulting Party under the Laws or judicial decisions of the state in which the Premises are located; provided, however, LESSOR shall use reasonable efforts to mitigate its damages in connection with a default by LESSEE. If LESSEE so performs any of LESSOR’s obligations hereunder, the full amount of the reasonable and actual cost and expense incurred by LESSEE shall immediately be owing by LESSOR to LESSEE, and LESSOR shall pay to LESSEE upon demand the full undisputed amount thereof with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws. Notwithstanding the foregoing, if LESSOR does not pay LESSEE the full undisputed amount within thirty (30) days of its receipt of an invoice setting forth the amount due from LESSOR, LESSEE may offset the full undisputed amount, including all accrued interest, due against all fees due and owing to LESSOR until the full undisputed amount, including all accrued interest, is fully reimbursed to LESSEE.

68. ENVIRONMENTAL.

a. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Tower or Property, unless such conditions or concerns are caused by the specific activities of LESSEE in the Premises.

b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR’s sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: a) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non-compliance results from conditions caused by LESSEE; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Tower or Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE.

69. CASUALTY. In the event of damage by fire or other casualty to the Tower or Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE’s operations at the Premises for more than forty-five (45) days, then LESSEE may, at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon fifteen (15) days prior written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. Notwithstanding the foregoing, the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEE’s use of the Premises is impaired.

70. CONDEMNATION. If as a result of any condemnation of the Premises or Tower, LESSEE, in LESSEE’s sole discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt LESSEE’s operations at the Premises for more than forty-five (45) days, LESSEE may, at LESSEE’s option, to be exercised in writing within fifteen (15) days after LESSOR shall have given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15) days after the condemning authority shall have taken possession) terminate this Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were


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the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to the total rentable area of the Premises. In the event that this Agreement is not terminated by reason of such condemnation, LESSOR shall promptly repair any damage to the Premises caused by such condemning authority.

71. SUBMISSION OF AGREEMENT/PARTIAL INVALIDITY/AUTHORITY. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such Party has the full right, power and authority to enter into and execute this Agreement on such Party’s behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement.

72. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property and all structural elements of the Premises in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) (collectively “Laws”). LESSEE shall, in respect to the condition of the Premises and at LESSEE’s sole cost and expense, comply with (a) all Laws relating solely to LESSEE’s specific and unique nature of use of the Premises (other than general office use); and (b) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises.

73. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration.

74. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement.

75. PAINTING OF WATER TOWER. In the years that LESOR paints the water tower, LESSEE’s equipment shall remain intact on the tower and will not be required to be removed during painting. LESSE agrees to pay LESSOR an additional rent of Two Thousand Five Hundred and No/100 Dollars ($2,500.00) each year (not to exceed once every ten years) that the water tower is actually painted. LESSOR must inform LESSEE in writing of LESSOR’s intention of paining the water tower at lease six months prior to the painting taking place. LESSOR shall also send an invoice to LESSEE at lease six months prior to LESSEE’s payment of additional rents.

76. REAL ESTATE TAXES. LESSEE shall pay as additional rent any documented increase in real estate taxes levied against the leased Property which are directly attributable to the improvements constructed by LESSEE. LESSOR shall provide to LESSEE a copy of any notice, assessment or billing relating to real estate taxes for which LESSEE is responsible under this Agreement within ten (10) days of receipt of the same by LESSOR. LESSEE shall have no obligation to make payment of any real estate taxes until LESSEE has received the notice, assessment or billing relating to such payment as set forth in the preceding sentence. In the event LESSOR fails to provide to LESSEE a copy of any real estate tax notice, assessment or billing within the ten (10) day period set forth herein, LESSEE shall be relieved of any obligation or responsibility to make payment of real estate taxes referred to in the notice, assessment or billing which was not timely delivered by LESSOR to LESSEE.

LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any real estate tax assessment or billing for which LESSEE is wholly or partly responsible for payment under this Agreement. LESSOR shall reasonably cooperate with LESSEE in filing, prosecuting and perfecting any appeal or challenge to real estate taxes as set forth in the preceding sentence, including but not limited to, executing any consent to appeal or other similar document.

IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals as of the day and year first below written. LESSOR: City of South Sioux City, Nebraska By: _________________________________ Name: ______________________________ Its: _________________________________ Date: _______________________________

LESSEE: Sioux City MSA Limited Partnership d/b/a Verizon Wireless By: ______________________________

Howard H. Bower Its: Midwest Area Vice President-Network Date: ________________________________

Acknowledgments on following page

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ACKNOWLEDGMENTS LESSOR ACKNOWLEDGMENT

[Insert Lessor State Acknowledgment Here]

LESSEE ACKNOWLEDGMENT STATE OF INDIANA ) ) ss. COUNTY OF HAMILTON )

On this ______ day of ______________, 200__, before me, the undersigned, a Notary Public in and for the State of Indiana, duly commissioned and sworn, personally appeared Howard H. Bower, to me known to be the Midwest Area Vice President - Network of Sioux City MSA Limited Partnership d/b/a Verizon Wireless, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Sioux City MSA Limited Partnership d/b/a Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Print or Type Name: Notary Public in and for the State of Indiana My appointment expires:

Exhibit “A”

(Legal Description) Page 1 of 2

Lots Two (2), Three (3), Four (4), Five (5) and Six (6), Block Two (2) and that part of 25th Street, all in Railway Addition, Dakota County, commonly known as First Railway Addition to South Sioux City, Dakota County, Nebraska.

Exhibit “A” (Sketch of Property) Page 2 of 2

Sketch to come shortly.

Exhibit “B” (Radio Communications Equipment, Page 1 of 1 Antennas and Appurtenances)

Twelve (12) antennas at 102 foot centerline above ground level, Twelve (12) cable lines from equipment to antennas, equipment building with communications/power supply equipment, telephone and electrical facilities, and all associated equipment and appurtenances related to the aforementioned antennas, lines, equipment and facilities.

Project Name: SCYC Raymond Park

RIGHT OF ENTRY

The undersigned is the owner (“Owner”) of the property, premises or easement (the “Property”) described as follows:

Lots 2 through 6, and 25th Street, all located in Railway Addition, South Sioux City, Dakota County, Nebraska.

Consent. The Owner does hereby grant permission to Sioux City MSA Limited Partnership d/b/a Verizon Wireless and its agents, employees, consultants and representatives (herein individually and collectively referred to as “Verizon Wireless”), for a period of one hundred and eighty (180) days from the date of this consent, to enter onto the Property and contiguous property owned or controlled by the Owner for the purpose of performing an inspection of the Property, including surveys, a structural strength analysis, subsurface boring tests, an environmental site assessment, and any other activities as Verizon Wireless may deem necessary, at the sole cost of Verizon Wireless. In addition, Verizon Wireless may remove samples of the soil from the Property. The Owner shall not be responsible for the actions of Verizon Wireless’s employees or contractors while they are on the property.

Authority. The individual executing this consent on behalf of the Owner represents to Verizon Wireless that such individual is authorized to do so be requisite action of the Owner.

End Final Draft of Verizon Lease Agreement and Right of Entry Agreement

CITY OF SOUTH SIOUX CITY, NEBRASKA · CITY OF SOUTH SIOUX CITY COUNCIL AGENDA March 26, 2007 2 4....

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Transcript of CITY OF SOUTH SIOUX CITY, NEBRASKA · CITY OF SOUTH SIOUX CITY COUNCIL AGENDA March 26, 2007 2 4....