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2005-41 Ordinance
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2005-41 Ordinance
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Last modified
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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subject to any restrictions, and all other terms an d conditions, set forth in the Lease, an d <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 />One Thousand Five Hundred ($1,500.00) Dollars per month directly to AT &T, which <br />amount shall be divided equally between AT &T and the City of North Olmsted, and <br />which shall increase annually in accordance with the applicable provisions of said Lease. <br />In addition, Subtenant agrees to make a one -time payment to the City of North Olmsted <br />in the amount of Nine Thousand ($9,000.00) Dollars in consideration of hereof and in <br />further consideration of the exemption granted in Paragraph 3. Said one -time payment <br />shall be made to the City immediately upon the City's execution of this Consent <br />Agreement. <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 has subleased <br />a portion of the site located in the City of North Olmsted, the County of Cuyahoga, and <br />the State of Ohio, more particularly described as a twenty (20') by sixteen (16') area <br />containing approximately 320 square feet situated at 3000 Clague Road, together with the <br />non - exclusive right for ingress and egress, on foot or motor vehicle, including trucks, and <br />for the installation and maintenance of the aforesaid communication facilities and <br />equipment. <br />2 <br />
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