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CITY OF NORTH OLMSTED RESOLUTION NO. 2017 —10 BY: Mayor Kennedy A RESOL UTIONA UTHORIZING THE MA FOR TO ENTER INTO A LETTER AGREEMENT WITH CROWN CASTLE TO PROVIDE FOR THE MODIFICATION AND EXTENSION OF A LEASE AGREEMENT TO CONTINUE THE OCCUPANCY OF REAL PROPERTY FOR THE MONOPOLE CELLULAR TOWER LOCATED AT CLAGUE PARK, AND FUR THER A UTHORIZING THE MA YOR TO EXECUTE ALL DOCUMENTS NECESSARY TO AMEND AND EXTEND SUCH LEASE AGREEMENT. . WHEREAS, by and through Ord. 1997-41, this Council authorized and the City of North Olmsted, Ohio entered into a twenty-five (25) year Option and Site Lease Agreement with AT & T Wireless PCS, Inc., dated July 28, 1997, ("Lease"), for the construction and maintenance of a 120' tall cellular communications tower located at Clague Park ("Property"), providing for rental payments and a 50% share of additional revenue from future cellular co -locators on the Tower; and WHEREAS, the City has reviewed and approved plans for the addition of several co - locators, including in some cases the expansion of ground space and increase in Cell Tower height, such that the Cell Tower had been fully utilized at all available platform elevations and the City has realized revenue accordingly (See for example, Ord. No. 2006-139 and Ord. 2010-102); the Cell Tower height was originally established at 120' and extended by 10' in 2010, with additional authorization to increase to 180'; and WHEREAS, Crown Castle, successor in interest to AT&T Wireless PCS, Inc., as owner and operator of the Cell Tower, offers a Letter Agreement dated January 6, 2017, a copy of which is attached hereto, in order to obtain an option to modify and extend the 1997 Lease and to negotiate a Lease Amendment to be effective through August 31, 2052; and WHEREAS, as outlined by the Letter Agreement, Crown Castle proposes to compensate the City of North Olmsted for the Lease Amendment, including continuation of the 50% revenue sharing provision; the rent would increase in the current term and continue to increase at 3% annually; the ground space would be increased slightly in exchange for payment of additional rent payments in anticipation of additional co -locators; and WHEREAS, it is the desire of Council to authorize the Mayor, on behalf of the City of North Olmsted, to enter into said Letter Agreement which, in turn, requires negotiation and execution of the Lease Amendment through 2052, and it is the further desire of this Council to approve and consent to the Lease Amendment with Crown Castle for the Cell Tower at Clague Park; and NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1: That the Mayor is hereby authorized to enter into and sign, on behalf of the City of North Olmsted, a Letter Agreement with Crown Castle dated January 6, 2017, for the purpose of negotiating and executing a Lease Amendment to modify and extend the Lease dated July 28,