2001 023 Ordinance - Laserfiche WebLink

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Oct 22 01 09:41a Diemert & Rssociates ? `7 ORDINANCE NO. 2001- INTRODUCED BY: Mayor Rinker and Council as a Whole (440)442-0825 p.2 AN EMERGENCY ORDINANCE CONSENTING TO THE CO-LOCATION OF VOICESTREAM PCS fl CORP. AS A TENANT ON THE 610 S.O.M. CENTER TOWER ;0 WHEREAS, the Council of the Village of Mayfield entered into a contract on or about November 18, 1996, which was subsequently amended in March, 1997, with Northern Ohio Ceflular Tefephone Company n/k/a New Par, d/b/a Air Touch Cellular, now referred to as Verizon (herein after, "Verizon"), for the lease of fihe premises lacated at 610 S.O.M. Center Road, Mayfield Village, Ohio, 44143; and WHEREAS, Verizon was granted the ability to sublease the premises only with the consent of the Village (see Lease dated November 18, 1996, Paragraph 6, Subparagraph 2); and , WHEREAS, Verizon entered into a sublease with American Tower Delaware Corporation for the purposes of constructing, installing, operating, managing, maintaining and marketing cellular towers owned by Verizon and making further improvements to such sites; and WHEREAS, The Council of the Village of Mayfiefd consented to the sublease between Verizon and American Tower Delaware Corporation on October 18, 1999; and WHEREAS, American Tower Corporation and the Village of Mayfield entered into a Consent and Use Authorization Agreement pertaining to the co-location of additional tenants on the tower, related rental amaunfi due and owing for such co-location; and WHEREAS, pursuant to this Consent and Use Authorization Agreement, the Village of Mayfie,fd agrees to the co-location of VoiceStream PCS 11 Corp. upon the tower and the rental amount per year to be charged for such location of Seventy-Five Hundred ($7,500.00) dollars. NOW, THEREFORE, BE 1T ORDAINED BY THE COUNCIL OF MAYFIELD VILLAGE, OHIO, THAT: SECTION 1. The Mayor and Council authorize and consent to the co-location of VoiceStream PCS Il Corp. as a tenant upon the 610 S.O.M. Center tower. SECTION 2. Such consent has been given based upon the conditivns as set forth in the Consent and Use Authorization Agreement which does not change or amend any terms, covenants, conditions or provisions of the Lease Agreemertt between Verizon and American Delaware Corporation and which is specifically incorporated into the Consent and Use Authorization Agreement requiring both Verizon and American