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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2005 — 42 <br />BY: Mayor O'Grady <br />AN ORDINANCE AUTHORIZING THE MAYOR TO CONSENT <br />TO A SUBLEASE BETWEEN AT&T WIRELESS PCS, INC., <br />(AKA NEW CINGULAR WIRELESS SERVICES, INC.) AND <br />FIBERTOWER CORPORATION, PROVIDING FOR <br />FIBERTOWER CORPORATION TO COLLOCATE ON THE <br />MONOPOLE AT CLAGUE PARK, AND DECLARING AN <br />EMERGENCY. <br />WHEREAS, this Council previously adopted Ord. No. 97 -41 authorizing the Mayor to enter <br />into a Lease Agreement with AT &T Wireless PCS, Inc. [hereinafter, "AT &T Wireless "] for the <br />purpose of leasing city -owned land at Clague Park to AT &T Wireless for the construction of a <br />monopole for wireless telecommunication transmissions; and <br />WHEREAS, said Lease provided that both the City and AT &T Wireless would encourage <br />collocation of other wireless telecommunication providers at locations on the monopole not being <br />used by AT &T Wireless, and that any rent derived from such collocation subleases of tower space <br />on the monopole would be divided evenly between the City and AT &T Wireless; and <br />WHEREAS, FiberTower Corporation, a Delaware Corporation [hereinafter "FiberTower "], <br />has proposed to enter into a Site Sublease with AT & T Wireless to collocate on the AT &T Wireless <br />monopole at Clague Park; and <br />WHEREAS, it is the desire of this Council to authorize the Mayor to consent to the proposed <br />Site Sublease between AT &T and FiberTower Corporation, and to authorize installation of <br />FiberTower's microwave satellite dishes on the monopole at the Clague Park site; and <br />NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: <br />SECTION 1: That the Mayor is hereby authorized to consent, on behalf of the City of North <br />Olmsted, to the Site Sublease between AT &T Wireless PCS, Inc. and FiberTower Corporation, <br />authorizing FiberTower Corporation to collocate on the Clague Park monopole. A copy of said <br />Consent to and Approval of said Site Sublease is attached hereto as Exhibit 1. <br />SECTION 2: That the Council, acting pursuant to Section 1151.07 of the Codified <br />Ordinances of the City of North Olmsted, authorizes installation of FiberTower Corporation <br />microwave satellite dishes and related equipment on the monopole at the Clague Park site as <br />provided for in the sublease, subject, however, to the issuance of any and all necessary building and <br />engineering permits. <br />1 <br />