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