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2018-055 Resolution
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2018-055 Resolution
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6/22/2018 4:26:02 PM
Creation date
6/22/2018 4:01:41 PM
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North Olmsted Legislation
Legislation Number
2018-055
Legislation Date
6/19/2018
Year
2018
Legislation Title
TowerCo 2013 LLC Lease Agreement
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CITY OF NORTH OLMSTED <br />RESOLUTION NO. 2018 — 55 <br />BY: Mayor Kennedy <br />A RESOL UTIONA UTHORIZING THE MA YOR TO ENTER INTO ANOPTION <br />AND LEASE AGREEMENT WITH TOWERCO 2013 LLC TO PROVIDE FOR <br />A MONOPOLE CELLULAR TOWER LOCATED AT THE RECREATION <br />CENTER PROPERTY, AND FURTHER AUTHORIZING THE MAYOR TO <br />EXECUTE ALL NECESSARY DOCUMENTS, AND DECLARING AN <br />EMERGENCY. <br />WHEREAS, the City of North Olmsted has received and reviewed a proposal from TowerCo. <br />2013 LLC ("TowerCo.") to construct a monopole cellular tower on City property, to be located <br />generally north of the Recreation Center, with space to accommodate four (4) carriers at a height not <br />to exceed one hundred and forty feet (140'), as well as a secure ground compound for equipment; <br />and <br />WHEREAS, TowerCo. proposes an Option and Ground Lease Agreement, a copy of which is <br />attached hereto as Exhibit A, in order to secure a tower location, which location is consistent with <br />the Recreation Master Plan, and subject to review by the Planning and Design Commission; and <br />WHEREAS, TowerCo. proposes to compensate the City at the rate of $1,500.00 per month <br />and to pay additional rent of $800 per month for each co -locator, which revenue will continue to <br />increase at 2% annually during the renewal term; and <br />WHEREAS, it is the desire of Council to authorize the Mayor, on behalf of the City of North <br />Olmsted, to enter into an Option and Ground Lease Agreement, with an initial term of five (5) years <br />and followed by four (4) additional renewal terms of five (5) years each; and <br />NOW THEREFORE, BE IT RESOLVED 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, an Option and Ground Lease Agreement with TowerCo. 2013 LLC, for the <br />purpose of permitting the construction of a cellular monopole tower of not more than one hundred <br />and forty feet (140'), at a location generally north of the Recreation Center subject to final plan <br />approval by the City, for a term of up to twenty-five (25) years, as set forth by Exhibit A, subject to <br />only such changes therein as are not substantially adverse to the City and which are approved by the <br />Mayor and the Director of Law. The character of any such changes as not being substantially <br />adverse to the City shall be evidenced conclusively by the execution of the lease agreement by the <br />Mayor and the approval of the agreement by the Director of Law. <br />SECTION 2: That this Resolution is hereby declared to be an emergency measure <br />immediately necessary for the public health, safety and welfare to expedite the substantial federal, <br />state and local review and approval process prior to construction; and further provided it receives the <br />affirmative vote of two thirds of the members of Council, it shall take effect upon its approval by the <br />Mayor. <br />
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