1999 036 Ordinance - Laserfiche WebLink

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ORDINANCE NO. 99-36 INTRODUCED BY: Mayor Rinker and Council as a Whole AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO CONSENT TO A SUBLEASE OF THE TOWER LOCATED AT 610 S.O.M. CENTER ROAD BETWEEN AIRTOUCH COMMUNICATIONS, INC. AND AMERICAN TOWER CORPORATION WHEREAS, the Council of the Village of Mayfield entered into an contract, on or about November 18, 1996, which was subsequently amended in March of 1997, with Northern Ohio Cellular Telephone Company, n.k.a. Newpar d.b.a. Airtouch Cellular ("hereinafter "Airtouch"), forthe lease of the premises located at 610 S.O.M. Center Road, Mayfield Village, Ohio 44143; and WHEREAS, Airtouch was granted the ability to sublease the premises only with consent of the Village (see, Lease dated November 18, 1996, paragraph 6(2)); and WHEREAS, Airtouch Communications, Inc. wishes to enter into a sublease with American Tower Corporation for the purposes of constructing, installing, operating, managing, maintaining, and marketing towers owned by Airtouch Communications, Inc. and making further improvements to such sites; and WHEREAS, the Council of the Village of Mayfield wishes to consent to a sublease between Airtouch Communications, Inc. and American Tower Corporation; and WHEREAS, a copy of the sublease between Airtouch Communications, Inc. and American Tower Corporation is attached hereto as Exhibit A and incorporated herein by reference, and will be maintained by the Director of Finance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF MAYFIELD VILLAGE, OHIO, THAT: SECTION 1. The Mayor is hereby and herein authorized to consent to the sublease between Airtouch Communications, Inc. and American Tower Corporation forthe property located at 610 S.O.M. Center Road and more commonly known as the "Airtouch Tower." Such consent has been granted pursuant to the terms and conditions of the ground lease dated November 18,1996, and as subsequently amended, between Northern Ohio Cellular Telephone Company n.k.a. Newpar d.b.a. Airtouch Cellular and the Village of Mayfield. SECTION 2. Such consent has been given based upon the condition that this sublease will not change or amend any terms, covenants, conditions, or provisions of the lease, and that tenant, Airtouch will continue to remain liable underthe lease terms agreed to on November 18, 1996, and as subsequently amended. Further, the Village of Mayfield, in consenting to this sublease, does not consent to any further sublease or transfer, other than that which has been explicitly consented to herein.