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f CITY OF NORTH OLMSTED ORDINANCE NO. 2000-130 BY: COUNCILMAN MCKAY AND MAYOR MUSIAL .;r..? f AN ORDINANCE A UTHORIZING THE MAYOR OF THE CITY OF NORTH OLMSTED TO CONSENT TO A SUBLEASE BETWEEN AT&T WIRELESS PCS, INC., AND NEXTEL WEST CORP., PROVIDING FOR NEXTEL WEST CORP. TO COLLOCATE ON THE MONOPOLE AT CLAGUE PARK, AND FURTHER AUTHORIZING THE MAYOR TO ENTER INTO A GROUND LEASE WITH NEXTEL WEST CORP., TO PROVIDE NEXTEL WEST CORP. WITH A SITE AT CLAGUE PARK FOR THE CONSTRUCTION OF A SERVICE BUILDING TO HOUSE WIRELESS TELECOMMUNICATIONS EQUIPMENT ASSOCIATED WITH THE USE OF THE MONOPOLE, AND DECLARING AN EMERGENCY. WHEREAS, this Council previously adopted Ord. No. 97-41 authorizing the Mayor to enter into a Lease Agreement with AT&T Wireless PCS, Inc. [hereinafter, "AT&T Wireless"] for the purpose of leasing city-owned land at Clague Park to AT&T Wireless for the construction of a monopole for wireless telecommunication transmissions; and WHEREAS, said Lease provided that both the City and AT&T Wireless would encourage collocation of other wireless telecommunication providers at locations on the monopole not being used by AT&T Wireless, and that any rent derived from such collocation subleases of tower space on the monopole would be divided evenly between the City and AT&T Wireless; and WHEREAS, said Lease further provided that the City was authorized to negotiate and enter into separate ground leases of City land with collocators on said monopole; and WHEREAS, Nextel West Corp., a Delaware Corporation [hereinafter "Nextel"], has expressed a desire to collocate on the AT&T Wireless monopole at Clague Park and, in addition, to, lease ground space there from the City to construct a service building to house its wireless telecommunications equipment; and WHEREAS, AT&T, pursuant to the terms of its tower lease with the City, has approved Nextel as a collocating tenant on the monopole; and