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ORDINANCE NO. 2005-21 <br />INTRODUCED BY: Mayor Rinker and Council as a Whole <br />AN EMERGENCY ORDINANCE CONSENTING TO <br />THE CO-LOCATION OF FIBERTOWER AS A TENANT <br />ON THE 610 S.O.M. CENTER TOWER <br />? <br />WHEREAS, this Council of the Village of Mayfield entered intQ,?;?i contract on <br />or about November 18, 1996, which was subsequently amended in March, 1997, <br />with Northern Ohio Cellular Telephone Company n/k/a New Par, d/b%a:;Air Touch <br />Cellular, now referred to as Verizon (herein after, "Verizon"), for the lease..of the <br />premises located at 610 S.O.M. Center Road, Mayfield Village, Ohio, 44143; and <br />WHEREAS, Verizon was granted the ability to sublease the premises only <br />with the consent of the Village (see Lease dated November 18, 1996, Paragraph <br />6, Subparagraph 2); and <br />WHEREAS, Verizon entered into a sublease with American Tower <br />Delaware Corporation for the purposes of constructing, installing, operating, <br />managing, maintaining and marketing cellular towers owned by Verizon and <br />making further improvements to such sites; and <br />WHEREAS,` the Council of the Village of Mayfield consented to the <br />sublease between Verizon and American Tower Delaware Corporation on October <br />18, 1999; and WHEREAS, American Tower Delaware Corporation and the Village of <br />Mayfield entered into a Consent and Use Authorization Agreement pertaining to <br />the co-location of additional tenants on the tower and related rental amounts due <br />and owing'for such co-location; and <br />WHEREAS, pursuant to this Consent and Use Authorization Agreement, <br />the Village of Mayfield agrees to the co-location of Fibertower upon the tower and <br />the rental amount per year to be charged for such location of Seventy-Five <br />Hundred ($7,500.00) dollars, along with the completion of an RH Hazard Survey of <br />the Tower site within 30 days of this consent in accordance with Paragraph 8 of <br />tMe Consent of Use Authorization Agreement. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF MAYFIELD <br />VILLAGE, OHIO THAT: <br />SECTION 1. The Mayor and council authorize and consent to the co-location of <br />Fibertower as a tenant upon the 610 S.O.M. Center Tower.