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CITY OF NORTH OLMSTED <br />RESOLUTION NO. 2010 -102 <br />By: Mayor Kennedy <br />A RESOL UTION A UTHORIZING THE MA YOR TD ENTER INTO THE <br />FIRST AMENDMENT TO AN OPTION AND SITE LEASE AGREEMENT <br />WITH NEW CINGULAR WIRELESS PCS, INC. FOR THE EXTENSION OF <br />THE CELL ULAR TOWER LOCATED AT CLAGUE PARK, AND ALSO <br />CONSENTING TO A SITE LEASE AGREEMENT WITH CLEARWIRE IIS, <br />LLC FOR CONSTRUCTION OF TEN (10) FOOT EXTENSION, AND <br />DECLARING AN EMERGENCY. <br />WHEREAS, by and through Ordinance 1997-41, this Council authorized and the City of <br />North Olmsted, Ohio entered into an Option and Site Lease Agreement with AT & T Wireless PCS, <br />Inc.("Tower Agreement"), for the construction and maintenance of a 120' tall cellular <br />communications tower located at Clague Park, reserving to the City a 50% share of additional <br />revenue from future co-locators on the Tower; and <br />WHEREAS, over the years since the City has reviewed and approved plans for the addition <br />of several co-locators, including in some cases the expansion of ground lease space, such that the <br />Tower has been fully utilized at all available platform elevations and the City has realized revenue <br />accordingly (See for example, Ordinance No. 2006-139); and <br />WHEREAS, Clearwire US LLC has proposed that the City and AT&T permit extension of <br />the Tower an additional 10' beyond current height of 120' for Clearwire's installation; and <br />WHEREAS, the City has negotiated this First Amendment to Option and Site Lease <br />Agreement with New Cingular Wirelss PCS, Inc., as successor to AT&T, to permit extension beyond <br />120' by Clearwire and additional co-locators, and also to provide for the possible installation of City <br />emergency service and safety radio communications antennae, including 911 capacity, without <br />payment of rent by the City to AT&T, at elevations up to or exceeding 180'; and <br />WHEREAS, the City has benefited financially from the Tower Agreement, has utilized co- <br />locator revenues to make improvements at Clague Park and this First Amendment would not only <br />enhance future revenue but also provide cost saving potential upon installation of City emergency <br />radio communication antennae; and <br />WHEREAS, it is the desire of this Council to authorize the Mayor, on behalf of the City of <br />North Olmsted, to enter into said First Amendment to the Option and Site Lease Agreement with <br />AT&T Wireless PCS, Inc., and it is the further desire of this Council to approve and consent to the <br />Site Lease Agreement with Clearwire for the 10' extension of the cell tower at Clague Park; and <br />NO W, THEREFORE, BE IT RESOL VED B Y THE CO UNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: