My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
2017-10 Resolution
Document-Host
>
City North Olmsted
>
Legislation
>
2017
>
2017-10 Resolution
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
8/14/2017 10:51:44 AM
Creation date
2/23/2017 10:55:08 AM
Metadata
Fields
Template:
North Olmsted Legislation
Legislation Number
2017-10
Legislation Date
2/21/2017
Year
2017
Legislation Title
Clague Park Cell Tower Lease
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
5
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
actually received by Lessee trorn such Subtenant (excluding any reimbursement of taxes, construction costs. <br />installation costs, revenue share reimbursement or other expenses incurred by Lessee) (the "Additional Rent'') within <br />thirty (30) days after receipt of said payments by Lessee. Lessee shall have no obligation for payment to Lessor of <br />such share of rental, license or similar payments if not actually received by Lessee Lessee shall have sole discretion <br />as to whether, and on what terms, to sublease, license or otherwise allow occupancy of the Property and there shall be <br />no express or implied obligation for Lessee to do so. Notwithstanding anything herein to the contrary. Lessor <br />acknowledges that revenue derived from the Lessee (ATT) or an affiliate, its successors or assigns of ATT shall be <br />excluded from Additional Rent. <br />Such Additional Rent described herein shall be paid for the existing subtenants, Sprint Com Inc. or its <br />affiliates, successors and assigns (Sprint) and T-Mobilc Central LLC or its affiliates, successors or assigns (T -Mobile), <br />who are currently located on the communications facility (Existing Subtenants), as well as for those Subtenants with <br />whom Lessee enters a sublicense agreement tollowing execution of the Lease Amendment. The Lease Amendment <br />shall include language clarifying how the payment of Additional Rent from Existing Subtenants shall be made. Sprint <br />shal l continue to pay the Additional Rent to Lessor via direct payment. T -Mobile and any future Subtenants shall pay <br />the Lessee directly for use of the communications facility, and Lessee shall then be responsible to pay such Additional <br />Rent to the Lessor. T -Mobile currently has a separate lease for use of ground space directly with the Lessor. <br />Notwithstanding the above, T -Mobile will pay the Lessor directly for payments due under its separate lease. <br />Such revenue share provisions shall replace any revenue share provisions currently in the Lease including <br />without limitation section 17. <br />2e. The Lessee will reasonably comply with applicable city codes and regulations including <br />Chapter 1151 of the City of North Olmsted 'Zoning Code. <br />21'. Lessor shall lease to Lessee an additional four hundred five (405) square feet of real property as <br />generally depicted on Exhibit A (Additional Lease Area) and to be specifically described by a survey to be obtained <br />by Lessee. Upon construction of the improvements in the Additional Lease Area, within 180 days of the executed <br />Lease Amendment, the rent shall increase by an amount equal to Four Hundred Five Dollars ($405.00) per month. <br />Following such increase, the rent shall continue to adjust pursuant to the terms of the Lease. The Lease Amendment <br />will modify the existing lease area to include the additional lease area. <br />2g. If Lessor receives an offer from any person or entity that owns towers or other wireless <br />telecommunications facilities (or is in the business of acquiring Lessor's interest in the Lease area) to purchase fee <br />title, an easement, a lease, a license, or any other interest in the lease area, or Lessor's interest in the lease area, or an <br />option for any of the foregoing, Lessor shall provide written notice to Lessee of said offer, and Lessee shall have a <br />right of first refusal to acquire such interest on the same terms and conditions in the offer, excluding any terms or <br />conditions which are (i) not imposed in good faith or (ii) directly or indirectly designed to defeator undermine Lessee's <br />possessory or economic interest in the Premises. If Lessor's notice covers portions of Lessor's parent parcel beyond <br />the Premises. Lessee may elect to acquire an interest in only the Property, and the consideration shall be pro -rated on <br />an acreage basis. Lessor's notice shall include the prospective buyer's name, the purchase price and/or other <br />consideration being offered, the other terms and conditions of the offer, the due diligence period, the proposed closing <br />date and, if a portion of Lessor's parent parcel is to be sold, leased or otherwise conveyed, a description of said portion. <br />If the Lessor's notice shall provide for a due diligence period of less than sixty (60) days, then the due diligence period <br />shall be extended to be sixty (60) days fi•om exercise of the right of first refusal and closing shall occur no earlier than <br />fifteen days thereafter. If Lessee does not exercise its right of first refusal by written notice to Lessor given within <br />thirty (30) days, Lessor may convey the property as described in the Lessor's notice. If Lessee declines to exercise its <br />right of first refusal, then the Lease shall continue in full force and effect and Lessee's right of first refusal shall survive <br />any such conveyance. Lessee shall have the right, at its sole discretion, to assign the right of first refusal to any person <br />or entity, either separate from an assignment of the Lease or as part of an assignment of the Lease. Such assignment <br />may occur either prior to or after Lessee's receipt of Lessor's notice and the assignment shall be effective upon written <br />notice to Lessor. Notwithstanding anything contained to the contrary herein, this Right off, irst Refusal is specifically <br />limited to the Lease area only and does not apply to a sale of the parent parcel of which the lease area is a portion. <br />3. Furthermore, the Lessee will cooperate with Lessor in conjunction with Chapter 1151 of the City of <br />North Olmstead building code to ensure all regulations are met. <br />
The URL can be used to link to this page
Your browser does not support the video tag.