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ORDINANCE NO. 2001-05 <br />INTRODUCED BY: Mayor Rinker and Council as a Whole <br />AN EMERGENCY ORDINANCE <br />AUTHORIZING A CONSENT AND USE AUTHORIZATION <br />AGREEMENT WITH AMERICAN TOWER <br />DELAWARE CORPORATION <br />WHEREAS, the Council of the Village of Mayfield entered into a contract on or <br />about November 18, 1996 which was subsequently amended in March of 1997, with <br />Northern Ohio Cellular Telephone Company, nka New Par dba Airtouch Cellular now <br />referred to as Verizon, (hereinafter,"Verizon"), for the lease of the premises located at <br />610 S.O.M. Center Road, Mayfield Village, Ohio 44143; and <br />WHEREAS, Verizon was granted the ability to sublease the premises only with <br />the consent of the Village (see lease dated November 18, 1996, Paragraph 6 <br />Subparagraph 2); and <br />WHEREAS, Verizon entered into a sublease with American Tower Delaware <br />Corporation for the purposes of constructing, installing, operating, managing, <br />maintaining and marketing cellular towers owned by Verizon and making further <br />improvements to such sites; and <br />WHEREAS, the Council of the Village of Mayfield consented to the sublease <br />between Verizon and American Tower Delaware Corporation on October 18, 1999; and <br />WHEREAS, American Tower Delaware Corporation has requested the Village's <br />consent for three additional tenants known as Bell South Wireless, Cleveland PCS <br />Realty LLC and Metricom, Inc., to be located as tenants on the tower; and <br />WHEREAS, the Council of the Village of Mayfield wishes to consent to the <br />location of Bell South Wireless, Cleveland PCS Realty LLC and Metricom, Inc., as <br />tenants on the tower; and <br />WHEREAS, due to the nature of the agreements between the Village, Verizon <br />and American Tower, negotiation, of the rental amounts for the location of the above <br />referenced tenants was required, which has been evidenced in an Agreement; and <br />WHEREAS, a copy of the Consent and Use Authorization Agreement evidencing <br />the parties agreements for such rental amounts is attached hereto as Exhibit A and <br />incorporated herein by reference. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF MAYFIELD <br />VILLAGE, OHIO, THAT: