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<br />CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2002-40 <br />BY: MAYOR MUSIAL <br />ANORDINANCEAUTHORIZING THEMAFOR OF THE CITYOF <br />NORTH OI.MSTED TO CONSENT TO A SUBLEASE BETWEEN <br />AT&T WIRELESS PCS, INC., AND SFRINTC4M, INC., <br />PROVfDING FOR SPRIN7C4M, I1VC., TO COLLpCATE ON THE <br />MONOP4LEAT CLAGUEPARK, AND FURTHER AUTHORIZING <br />THE MAYOR TO ENTER INTO A GROUND LEASE WITH <br />SPA'IN7tCOM,INC., TOPROVIDEASITEA7'CLAGUEPARKFC)R <br />THE CONSTRUCTION OF A SERVICE BUILDING TO HDUSE <br />WIRELESS TELECOMvIUNICAT70NS EQUIPMENT <br />ASSOCIATED WITH THE USE OF THE MONOPOLE, AND <br />DECLARIIVG AN EMERGENCY <br />WHEREAS, this Council previously adopted Ord. No. 97-41 autiwrizing the 1Vlayar to enter <br />into a Lease Agreement with AT&T Wireless PCS, Ina [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 monppoie 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 VVireless; and <br />WHEREA.S, said Lease fiuther provided that the City was authorized to negotiate and enter <br />into sepazate ground lea.ses of City land with collocators on said monopole; and <br />WHEREAS, Sprintcom, Inc., a Kansas Cotporation [hereina.fter "Sprintcom"], has expressed <br />a desire to colloca.te on the AT&T Wireless monopole at Clague Park and, in addition, to lease <br />ground space there from the City to construct a service building to hous+e its wireless <br />tetecommunicatians equipment; and <br />WHEREAS, AT&T, pursuant to the temis of its tower lease with the City, has approved <br />Sprintcom as a collocating tenant on the rnonopole; and <br />WHEREAS, after negotiations between the City Administration and Sprintcom, Sprintcom <br />has proposed enter into a sublease with AT&T irt order to collocate on the Clague Park monopole, <br />subject to the consetrt of the City, and further has praposed to enter into a direct ground lease with <br />the City for the putpose of having a site at Clague Park for the construction of a service building to <br />house its wireless telecommunications equipment; and <br />? .... ,?.