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ORDINANCE NO. 2001- 05 <br />PAG E 2 <br />SECTION 1. <br />The Mayor is authorized and directed to negotiate and enter into the Consent <br />and Use Authorization Agreement in a form substantially similar to that attached hereto <br />and incorporated herein at Exhibit A with American Tower Delaware Corporation, <br />authorizing consent for three new tenants to sublease a portion of the premises, those <br />tenants being Bell South Wireless, Cleveland PCS Realty LLC and Metricom, Inc. <br />SECTION 2. <br />Such consent has been given based upon the conditions as set forth in the <br />Consent and Use Authorization Agreement which will not change or amend any terms, <br />covenants, conditions or provisions of the lease with Verizon and American Tower <br />Delaware Corporation and both parties will remain liable under the lease terms agreed <br />to on November 18, 1996 and as subsequently amended in March of 1997. <br />SECTION 3. The Village of Mayfield, in consenting to this Agreement and the <br />incorporated subleases to Bell South Wireless, Cleveland PCS Realty LLC, and <br />Metricom, Inc. does not consent to any further sublease or transfer, other than that <br />which has been explicitly consented to herein. <br />SECTION 4. The Council finds and determines that all formal actions of this <br />Council relating to the adoption of this Ordinance have been taken at open meetings of <br />this Council; and that deliberations of this Council and of its committees, resulting in <br />such formal action, took place in meetings open to the public, in compliance with all <br />statutory requirements including the requirements of Section 121.22 of the Ohio <br />Revised Code. <br />SECTION 5. This Ordinance is hereby declared to be an emergency measure <br />immediately necessary for the health, safety and welfare of the residents of Mayfield <br />Village, Ohio. It shall, therefore, take effect immediately upon the passage by the <br />affirmative vote of not less than five (5) members elected to Council and approval by the <br />Mayor or otherwise at the earliest time allowed by law. <br />iLIAM M QUARDT <br />Council Pr ' ent <br />2