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<br />CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2006 -139 <br />BY: Mayor O'Grady <br />AN ORDINANCE AUTHORIZING THE MAYOR TO CONSENT <br />TO A SITE LEASE BETWEEN T-MOBILE CENTRAL, LLC <br />AND CINGULAR WIRELESS LLC (FKA AT&T WIRELESS <br />PCS, INC.) TO COLLOCATE ON THE MONOPOLE <br />CELLULAR TOWER AT CLAGUE PARK; AND FURTHER <br />AUTHORIZING THE MAYOR TO ENTER INTO A GROUND <br />LEASE WITH T-MOBILE CENTRAL, LLC, TO PERMIT <br />ADDITIONAL AREA FOR TELECOMMUNICATION <br />EQUIPMENT, AND DECLARINGANEMERGENCY. <br />WHEREAS, this Council previously adopted Ord. No. 97-41 authorizing a Lease Agreement <br />with AT&T Wireless PCS, Inc. for the purpose of leasing city-owned land at Clague Park to AT&T <br />Wireless for the construction of a monopole for wireless telecommunication transmissions; and <br />WHEREAS, said Lease provided and encouraged collocation of other wireless <br />telecommunication providers on the monopole, subj ect to space limitations, and that any rent derived <br />from such collocation subleases of tower space on the monopole would be divided equally between <br />the City and AT&T Wireless, which has since been merged with Cingular Wireless LLC; and <br />WHEREAS, T-Mobile Central LLC., dba T-Mobile, has entered into a Site License <br />Agreement (SLA) with Cingular Wireless LLC to collocate on the monopole at Clague Park in <br />exchange for monthly rent, half of which would be directed to the City, and solicits the City's <br />consent to said sublease; and <br />WHEREAS, T-Mobile Central LLC., dba T-Mobile, also proposes to enter into a separate <br />Ground Lease Agreement with the City of North Olmsted, to reconfigure, expand and improve the <br />equipment compound, in exchange for additional monthly fees exclusively to the City, and upon <br />installation of site improvements, fencing and landscaping as shown on detailed site plans; and <br />WHEREAS, it is the desire of this Council, based upon the review and recommendation of <br />the Directors of Law and Public Safety, to authorize the Mayor to sign the Consent to the proposed <br />Site License Agreement (SLA) between T-Mobile and Cingular, to further authorize the Mayor to <br />enter into a separate Ground Lease Agreement with T-Mobile, and to authorize installation of T- <br />Mobile equipment at the Clague Park site as described by detailed site plans; and <br />NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: <br />SECTION 1: That the Mayor is hereby authorized to enter into and sign, on behalf of the <br />City of North Olmsted, a Consent and Approval of the Site Lease Agreement (SLA) betwee., T- <br />Mobile Central LLC and Cingular Wireless LLC, providing for T-Mobile to collocate on the Clague <br />Park monopole, a copy of which is attached hereto as Exhibit 1.