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<br />Ordinance No. 2002-40 <br />Page 2 <br />WHEREAS, it is the desire of this Council to authorize the Ma.yor to consent to the proposed <br />subleass betwcen AT&T ana Sprintcom, and to further authorize the Mayor to enter into a ground <br />lease with Sprintcom to provide Sprintcom with a site at Clague Park for the construction of a service <br />building to house its wireless telecommunications equipment; <br />NOW THEREFORE, BE IT ORDAIIVED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, C4UNTY OF CUYAHOGA AND STATE OF OHIO: <br />SECTION 1: That the Mayor is hereby authorized and directed to consent, on behalf of the <br />City of North Olmsted, to the subtease between AT&T Wireless PCS, Inc. and Sprintcom, Inc., for <br />tower space at the Clague Park monopole. A copy of said sublease is attached hereto as Exhibit A. <br />SECTION 2: That the Mayor is hereby further authvrized and direded to emer, on behalf of <br />the City of North Olmsted, iYrto a ground leaase with Sprintcom, Inc., providing for the lease of ground <br />space at Clague Park for the purpose of constructing a service building to house wireless <br />telecommunications equipment. Said ground lease shail be substazrtially in accordance with the terms <br />and conditions of the "Optian Agreement PCS Site A.greement" document which is attached hereto <br />as Exhibit B. <br />SECT70N 3: That this Ordinance is hereby declared to be an emergency measure immediately <br />necessary for the preservation of the public health, safety and welfare, and for the further reason that <br />it is immediately necessary to authorize said sublease and ground lease in order meet Nextel's <br />pressing construction schedule, and further provided it receives the affirmative vote of two-thirds of <br />all members of Council, it sha11 take effect and be in force immediately upon its passage and approval <br />by the Niayor. <br />?i <br />PASSED: c? o a <br />?- <br />First Reading: <br />Secortd Reading: `?-- <br />Third Reading_ <br />Commrttee: 7?- <br />; <br />EST: , <br />BARBARA L. SFMAN; <br />Cderk of Council <br />APPROVED: G7&_ /?; 7?L <br />/ <br />MAYOR NORMAN . MUSIAL <br />115lOMAS E. O'GRADY <br />President of Couneid <br />APPROVED AS TO LEGAL FORM: <br />Prepared bv Law Department 3/1 S/02 <br />JAMES M. DUBELKD <br />Director of Law <br />