2010-144 Ordinance - Laserfiche WebLink

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CITY OF NORTH OLMSTED ORDINANCE NO. 2010 -144 BY: Mayor Kennedy AN ORDINANCE AUTHORIZING THE MAYDR TO ENTER INTO A LEASE AND AMENDED EASEMENT WITH THE CITY OF CLEVELAND AND A LEASE WITH CLEAR WIRELESS, LLC. PROVIDING FOR THE LOCATION OF CERTAIN CELL ULAR TELECOMMUNICA TION EQ UIPMENT ON CITY OWNED PROPERTY, AND DECLARINGANEMERGENCY. WHEREAS, the Village of North Olmsted via authority granted in Ord. No. 717, enacted on or about the 6`" day of May, 1947 granted an easement to the City of Cleveland on the 20th day of May, 1947 allowing for the location of a water tower on two parcels of property owned by the Village and sited at the northwest corner of the intersection of Mill Road and Dover Center Road; and WHEREAS, the City of Cleveland in 2010 engaged in negotiations with Clear Wireless, LLC. to allow for the location of certain cellular telecommunication equipment on the water tower itself; and WHEREAS, support equipment for cellular communication devices located on the water tower will be located within the easement and on property owned by the City of North Olmsted. WHEREAS, in order to accommodate the location of Clear Wireless, LLC. On the water tower, the City of North Olmsted negotiated a lease with Clear Wireless, LLC. and the City of Cleveland wherein the City will receive one-half of the monthly rental fee of $2,500.00; and WHEREAS, it is the desire of this Council, based upon the review and recommendation of the Director of Law, to authorize the Mayor to sign a lease with the City of Cleveland and Clear Wireless LLC. allowing the location of telecommunication equipment on city properly; to further authorize the Mayor to enter into an Amended Easement Agreement, if necessary, with the City of Cleveland; and to authorize installation of Clear Wireless LLC. equipment at the heretofore described property as further described by detailed site plans on file; and NOW THEREFORE, BE IT ORDAINED 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 lease agreement with Clear Wireless LLC and a lease agreement and Amended Easement Agreement, if necessary, with the City of Cleveland, a copy ofwhich lease is attached hereto as Exhibit 1, with only such changes therein as are not substantially adverse to the City and which are approved by the Mayor and the Director of Law. The character of any such changes as not being substantially adverse to the City shall be evidenced conclusively by the execution of the lease agreement by the Mayor and the approval of the agreement by the Director of Law.