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CITY OF NORTH OLMSTED <br />RESOLUTION NO. 2008 - 25 <br />BY: Mayor O'Grady <br />A RESOL UTION A UTHORIZING THE MAYOR OF THE CITY OF NORTH <br />OLMSTED TO ENTER INTO A SUBLEASE AGREEMENT WITH <br />CLEVELAND COMMUNICATIONS, INC, PROVIDING FOR THE CITY'S <br />OCCUPATION AND USE OF THE RADIO COMMUMCATIONS TOWER <br />LOCATED ON THE ROOOFTOP OF THE WESTBURY TOWER <br />APARTMENT BUILDING, AND DECLARING AN EMERGENCY. <br />WHEREAS, the Director of Public Safety, together with the advise and assistance of the <br />Department of Law, has negotiated a Sublease agreement to provide for the continued occupation <br />and use of a radio tower located on the rooftop of the Westbury Tower Apartment, for a <br />immediate term of Six months and in exchange for Rent of $1,500 per month; and <br />WHEREAS, Cleveland Communications, Inc., has historically secured and renewed a <br />Lease from Consolidated Management, Inc. for all rights to control and management of <br />communications facilities on the rooftop of the Westbury Tower Apartment and including <br />assertion of ownership of the tower itself; and <br />WHEREAS, the City has for many years and continues to maintain multiple and various <br />radio communications equipment and antennae on both the rooftop and tower premises controlled <br />by Cleveland Communications, and has maintained, improved and expanded these facilities by <br />and through both Cleveland Communications and other third party service companies, without <br />the benefit of formal agreements regarding the City's rights; and <br />WHEREAS, this Council is separately presented with a Release and Settlement <br />Agreement to resolve any existing dispute over eompensation due from the City for occupation <br />and use of the radio tower, proposed in conjunction with this Sublease to secure the City's <br />interest going forward; and <br />WHEREAS, it is the desire of this Council, while the Administration continues to review <br />the improvement of the radio communication systems, to authorize the Mayor to enter into this <br />Sublease agreement with Cleveland Communications, Inc., so as to eliminate any dispute over the <br />City occupation and use of the premises, and to preserve the City's vital radio communication <br />capacity; <br />NOW, THEREFORE, BE IT RESOL VED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA, AND STATE OF OHIO: <br />SECTION 1: That the Mayor be and he hereby is authorized to enter into a Sublease <br />agreement with Cleveland Communications, Inc., to provide for the City to occupy and use the <br />radio communication tower located on the rooftop of the Westbury Tower Apartment and <br />otherwise providing for the terms, conditions and property interests of the respective parties. <br />SECTION 2: That the said Sublease referred to in Section 1 above shall be in form and <br />substance consistent with the Sublease attached to this Ordinance as "Exhibit A," with only such <br />