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'?..;, . Ordinance No. 2000-130 Page 2 WHEREAS, after negotiations between the City Administration and Nextel, Nextel has proposed enter into a sublease with AT&T in order to collocate on the Clague Park monopole, subject to the consent of the City, and further has proposed to enter into a direct ground lease with the City for the purpose of having a site at Clague Park for the construction of a service building to house its wireless telecommunications equipment; and WHEREAS, it is the desire of this Council to authorize the Mayor to consent to the proposed sublease between AT&T and Nextel, and to further authorize the Mayor to enter into a ground lease with Nextel to provide Nextel with a site at Clague Park for the construction of a service building to house its wireless telecommunications equipment; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1: That the Mayor is hereby authorized and directed to consent, on behalf of the City of North Olmsted, to the sublease between AT&T Wireless PCS, Inc. and Nextel West Corp. for tower space at the Clague Park monopole. A copy of said sublease is attached hereto as Exhibit A. SECTION 2: That the Mayor is hereby further authorized and directed to enter, on behalf of the City of North Olmsted, into a ground lease with Nextel West Corp., providing for the lease of ground space at Clague Park for the purpose of constructing a service building to house wireless telecommunications equipment. Said ground lease shall be substantially in accordance with the terms and conditions of the lease document which is attached hereto as Exhibit B. SECTION 3: That a11 rent or other payment paid directly to, or directly received by, the City of North Olmsted pursuant to either the said sublease between AT&T Wireless PCS, Inc. and Nextel West Corp., or the ground lease between Nextel West Corp. and the City of North Olmsted, shall be designated, in accordance with Ord. No. 97-74, to the City Recreation Fund; and further that any other payment by Nextel arising out of either the said sublease or ground lease, whether characterized as rent, a payment, consideration, or by any other name, proposed to be paid to a third party or parties, shall be paid, or designated, only as approved and directed by Council. SECTION 4: That this Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public health, safety and welfare, and for the further reason that it is immediately necessary to authorize said sublease and ground lease in order meet Nextel's pressing construction schedule, and further provided it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor.