1997 007 Ordinance - Laserfiche WebLink

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State: Ohio City: Mayfield Village Cell I.D.:CL-007-OS THIS LEASE IS THE PROPERTY OF: AT&T Wireless PCS, Inc. 25000 Great Northern Corporate Center I Suite 444 N. Olmsted, OH 44070 OPTION AND TOWER LEASE AGREEMENT THIS OPTION AND TOWER LEASE AGREEMENT (this "Agreement") is entered into this day of , 1997, ("Effective Date's between AT&T Wireless PCS, Inc., by and through its agent fireless PCS, Inc., a Delaware Corporation, dba AT&T Wireless Services ("Tenant") and Village of Mayfield, an Ohio municipal corporation ("Landlord"). a. In consideration of a fee of $1,500.00 (the "Option Fee"), paid to Landlord by Tenant within thirty (30) business days after execution of this Agreement, and other good and valuable consideration, the receipt and sufficiency of which aze acknowledged, Landlord grants Tenant an "Option" to lease certain space on Landlord's comminications tower and ground space adjacent thereto (the "Premises"), as described in Exhibit B, being a portion of the real property (the "Property"), as described in Exhibit A and owned by Landlord. b. This entire agreement is understood to be compatible with and subject to the Landlord's Lease Agreement with Nextel entered into on October 16, 1995. 2. The "First Option" of 12 months shall commence on the Effective Date and may have an "Extension" of 12 additional months by written notice to Landlord during the First Option period and accompanied by an additional fee of $2,750.00. 3. a. During the First Option and any Extension(s), Landlord grants Tenant a license to go upon the Property and Premises for, and agrees to cooperate with Tenant in, obtaining and maintaining zoning approvals, licenses, tests and permits for construction, maintenance and operation of Tenant's Antenna Facilities, provided same are at Tenant's expense and do not bind Landlord, the Premises or the Property if the Option is not exercised. No construction of facilities or of the tower will take place during the Option Period._ Tenant shall restore the premises and indemnify and defend Landlord against loss or damage from exercise of this lease. The "Antenna Facilities" include all improvements, personal property and related facilities for Tenant's "Permitted Use" which includes the transmission and reception of radio communication signals. After exercise of the Option, Tenant may construct, maintain, repair, replace or remove the Antenna Facilities, including sleeves, conduit and cable across the Property to serve the Premises, no part of which shall become a fixture and all of which shall remain the personal property of Tenant, and maybe mortgaged by Tenant. Landlord waives