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Oat 04 99 03:46p Diemert & Associates [4401442-0825 p.2 <br />eLarae ~~ <br />~..• die~rzertlaw@a,ol. com <br />~iairae ~ ~a.CCm <br />October 4, 1999 <br />The Honorable Bruce Rinker <br />Mayor of the Village of Mayfield <br />Members of Council <br />6621 Wilson Mills Road <br />Mayfield, Ohio 44143 <br />RE: Lease of Cellular Tower - 610 S.O.M. Center Road <br />Dear Mayor and Members of Council: <br />/clef~imrte <br />-/.~0~-!r~,2- 6800 <br />~~ <br />-/.~0~.~/<,2- 08.2.5" <br />At this time, I am in receipt of a letter dated September 23,1999 from Airtouch <br />Cellular. The purpose of this letter was to request the Village to consent to a sublease <br />of a portion of the tower located at 610 S.O.M. Center Road to American Tower <br />Corporation or one of ifs subsidiaries. Please note that this is not a,sublease to a new <br />sublessee, but a lease between Airtouch Cellular and American Tower Corporation for <br />American Tower Corporation to manage and market the tower itself. <br />The American Tower Corporation is a company which does business throughout <br />the United States and is listed on the New York Stock Exchange. It is in the business <br />of buying, leasing, and managing cellular towers. Currently, Airtouch Cellular is <br />engaged in an objective to decrease its involvement in area of real estate, such as, in <br />this case, the management of the tower located at 610 S.O.M. Center Road. <br />I have enclosed a copy of the sublease for your review and agree with Project <br />Manager of Site Development's, Jack Thompson, statement that this sublease will not <br />change or amend any terms, covenants, conditions, or provisions of the lease between <br />the Village and Airtouch, since Airtouch will continue to remain liable under the lease <br />agreement dated November 18, 1996 and amended thereafter on or about March of <br />1997. <br />(t is my opinion, and you are so advised, that because American Tower <br />Corporation is not a true sublessee of the tower, but a sublessee for purposes of <br />managing the tower, no additional rent should be required under the Village's lease <br />with Airtouch Cellular. <br />C~7Q. , ~ eJ . ~~SiG. <br />~, <br />