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2005-41 Ordinance
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2005-41 Ordinance
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12/26/2013 10:42:40 AM
Creation date
12/18/2013 9:01:16 AM
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North Olmsted Legislation
Legislation Number
2005-41
Legislation Date
4/19/2005
Year
2005
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EXHIBIT I <br />CONSENT AND APPROVAL OF <br />THE CITY OF NORTH OLMSTED, OHIO, AND <br />ADDITIONAL OBLIGATIONS OF SUBTENANT RELATING TO <br />THE SITE SUBLEASE IDENTIFIED IN <br />THE MASTER SERVICES AGREEMENT <br />BY AND BETWEEN <br />AT &T WIRELESS SERVICES, INC. <br />AND <br />CLEVELAND PCS REALTY, LLC dba <br />NORTHCOAST PCS <br />WHEREAS, by and through Ord. No. 97 -41, the City of North Olmsted, Ohio <br />authorized and thereafter on July 28, 1997, the Mayor entered into an Option and Lease <br />Agreement (hereinafter "Lease ") with AT &T Wireless PCS, Inc., dba AT &T Wireless <br />Services (hereinafter "AT &T "), to provide real property within Clague Park for the <br />construction of a monopole cellular tower and associated equipment facilities; and <br />WHEREAS, pursuant to Paragraph 17 of said Lease, the City as Landlord, and <br />AT &T as Tenant, provided for the City's approval of sublease agreements between <br />AT &T and subtenants for the purpose of collocating antennae on the Clague Park <br />monopole cellular tower and, if necessary, to lease additional real property for associated <br />equipment facilities, upon the negotiation of rents therefore; and <br />WHEREAS, AT &T (to be known in the future as New Cingular Wireless <br />Services) entered a Master Wireless Facility Site Lease Agreement ( "Master <br />Agreement ") with Cleveland PCS Realty, LLC dba Northcoast PCS (hereinafter <br />"Northcoast "), dated July 1, 2004, together with a Site Sublease Exhibit dated January <br />24, 2005, a copy of which is attached hereto as Attachment A, and which identifies and <br />describes the proposed placement of Northcoast's antennae and related service equipment <br />at the Clague Park site; and <br />WHEREAS, pursuant to Paragraph 17 of said Lease, it is the intent and desire <br />of the City to consent to and approve of the Site Sublease between Northcoast and <br />AT &T, upon the incorporation of the terms and conditions of said Lease and as further <br />acknowledged herein; and <br />NOW, THEREFORE, in consideration of the mutual promises, covenants, <br />undertakings, and other consideration set forth herein, the parties hereto agree as follows: <br />1. Consent. The City of North Olmsted, Ohio, identified as "Landlord" in <br />the Lease with AT &T, identified as "Tenant," dated July 28, 1997, does hereby consent <br />to and approve of the Master Agreement, including the referenced Site Sublease, by and <br />between AT &T and Northcoast, identified as "Subtenant" herein, which Site Sublease is <br />attached hereto as Attachment A. The City's consent and approval of the Site Sublease is <br />1 <br />
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