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2005-42 Ordinance
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2005-42 Ordinance
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12/26/2013 10:43:15 AM
Creation date
12/18/2013 9:01:16 AM
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North Olmsted Legislation
Legislation Number
2005-42
Legislation Date
4/19/2005
Year
2005
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attached hereto as Attachment A. The City's consent and approval of the Site Sublease is <br />subject to any restrictions, and all other terms and conditions, set forth in the Lease, and <br />as further addressed herein. Subtenant agrees to be responsible for any and all costs <br />arising out of or related to any and all activities and installations permitted herein, unless <br />incurred by Tenant, including temporary installation on and operation and removal of <br />equipment on the Site, but under no circumstances shall the City be responsible for any <br />such costs. Further, Subtenant agrees to pay all City building and engineering permit <br />fees, inspection deposits, and other charges imposed upon utility companies, pursuant to <br />the City's ordinances. <br />2. Rents. As provided for in the Site Sublease and pursuant to Paragraph 17 <br />of the Lease, Landlord agrees to accept and Subtenant agrees to pay rent in the amount of <br />Three Hundred Dollars ($300) per month directly to Landlord, which rent shall be <br />payable in advance at the beginning of each calendar quarter in quarterly payments of <br />Nine Hundred Dollars ($900). Said rent shall increase annually in accordance with the <br />applicable provisions of said Lease. Tenant hereby waives any claim it may have under <br />the Lease, or otherwise, for a share of said rent by Subtenant. <br />3. Commencement. The Subtenant may commence installation of <br />communication equipment and facilities at the Site, subject to any restrictions imposed by <br />the Site Sublease, upon the effective date of the Landlord's consent and approval herein, <br />the advancement and receipt of rent payment required herein, and the issuance of any and <br />all necessary building or engineering permits. Subtenant acknowledges that it shall <br />diligently apply for and obtain all necessary building and engineering permits, and the <br />City therefore waives implementation of any separate and additional administrative <br />review by City Council, as provided for in Section 1151.07 of the Codified Ordinances of <br />the City of North Olmsted. <br />4. Access. Subject to all restrictions, and other terms and conditions, <br />contained in the Lease between Landlord and the Tenant, Landlord approves of and <br />grants Subtenant access to the Site to perform the activities and install equipment <br />permitted by the Site Sublease, and shall retain reasonable access to the Site during the <br />term of the Site Sublease, which term shall remain subject to the term of the Ground <br />Lease. Subtenant's rights are limited to the installation, maintenance, and operation, <br />without cost to Landlord, of only those communications facilities and equipment <br />described in the Site Sublease. Subject to the terms of the Lease, Subtenant shall also <br />have non - exclusive right for ingress and egress to the Site, on foot or motor vehicle, <br />including trucks, and for the installation and maintenance of its microwave satellite <br />dishes and related equipment. <br />5. Removal of Property. Subtenant agrees that it shall, upon the conclusion <br />of the term of its Site Sublease, remove any and all equipment installed on the Site, repair <br />any and all damage to the Site that might have been caused in connection with any of the <br />activities permitted, normal wear and tear excepted, and will return the Site to the <br />condition it was in before Subtenant's entry onto the Site. In the event any equipment <br />2 <br />
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