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HomeMy WebLinkAboutPD 26-11 City Report To Planning & Development Committee PICKERIlyG Report Number: PD 26-11 Date: September 6, 2011 3 From: Neil Carroll Director, Planning & Development Subject: Proposed Wireless Cell Tower Installation Public Mobile Lease of Country Lane Road Allowance (South limit of Country Lane, between Highwayl and Highway 407, Lots 20 and 21, Concession 5) City of Pickering Recommendation: 1. That the Mayor and the Clerk be authorized to execute a lease agreement with Public Mobile substantially on the terms set out in Report PD 26-11, and to the satisfaction of the Director, Corporate Services and Treasurer and the City Solicitor; 2. That Public Mobile be advised that City Council has no objection to the proposed 40 metre high cell tower installation within the Country Lane road allowance (being part of Lots 20 and 21, Concession 5), based on the design and other details submitted with this request;.and 3. Further, that the appropriate officials of the City of Pickering be authorized to give effect thereto. Executive Summary: In November 2010, Public Mobile submitted a proposal to construct a 40 metre high tri-pole lattice cell tower on City owned lands at the south limit of the Country Lane road allowance between Highway 7 and Highway 407. Since the submission of the initial proposal, Public Mobile has completed its public consultation process, in accordance with Industry Canada requirements. The applicant has advised that no public comments were received and are requesting that City Council provide a statement of concurrence in support of the installation. City staff are supportive of the proposed installation. There do not appear to be acceptable opportunities to co-locate this installation in the immediate area, the location minimizes the visual impact of the tower, and staff are satisfied that the proposed installation will not preclude future development of the employment lands in this area of the Seaton Community. Report PD 26-11 September 6, 2011 Subject: Proposed Wireless Cell Tower Installation Page 2 94 Staff support the lease of City lands for this purpose at this location for a term of ten years (with one ten-year right of extension) and at an annual rate of $20,000 plus HST. Funds generated through the lease of the lands will assist the City financially. The terms of the lease are generally consistent with a recent lease entered into by the City for a similar installation. Staff generally support the terms and conditions contained in the proposed lease, subject to review and approval by the Director, Corporate Services and Treasurer and the City Solicitor to ensure the City's interests are protected. Financial Implications: Public Mobile has offered to pay the City an annual rate of $20,000 plus HST for each of the ten years of the term of the lease. Sustainability Implications: Enhancement to the wireless coverage at this, location will'improve business and community communication capability. 1.0 Background: In November 2010, Public Mobile submitted a proposal to install a 40 metre high cell tower at the south limit of the City-owned Country Lane road allowance, adjacent to Highway 407 (see Location Map - Attachment #1). 1.1 The Proposal The proposed,installation is a 40 metre high tri-pole lattice communication tower and related ground cabinet. The compound and tower are proposed to be sited within the boulevard of the turning circle at the south limit of Country Lane. The base of the proposed tower is approximately 2.4 metres wide. The tower and associated ground cabinet will be located in a fenced compound measuring approximately 6.0 metres by 10.0 metres. The access to the tower and compound will be from Country Lane (see Applicant's Submitted Plan - Attachments #2 and #3). 1.2 Property Description Country Lane is a City road located southwest of Brougham, extending southwards from Highway 7. The road terminates in a turning circle adjacent to Highway 407. The lands on either side of Country Lane between Highway 7 and Highway 407 are owned by the Province of Ontario (Infrastructure Ontario). Lands south of Highway 407 in this vicinity are also owned by the Province. The nearest residence is approximately 260 metres from the proposed tower site. The lands between Highway 7 and Highway 407 are currently zoned Rural Agricultural, but are designated Natural Heritage System and Prestige Employment Lands in the Central Pickering Development Plan. Report PD 26-11 September 6, 2011 Subject: Proposed Wireless Cell Tower Installation Page 3 q5 2.0 Discussion: 2.1 Required Public Notification has been completed Planning & Development staff are currently in the process of developing a protocol respecting the installation of cell towers for City Council's consideration. In the absence of a City protocol, applicants must follow Industry Canada requirements as outlined in Client Procedures Circular (CPC) 2-0-03 Issue 4, entitled "Radiocommunications and Broadcasting Antenna Systems". The Industry Canada requirements for public consultation require the proponent to consult with the land use authority, and the public within a radius of three times the tower height, measured from the tower base or the outside perimeter of the supporting structure. For structures 30 metres or more in height, proponents are required to place a notice in the local community newspaper circulating in the area. Based on the proposed 40 metre tower height, the proposed installation required notification to the two adjoining property owners within a 120 metre radius. The applicant has indicated that they have provided written notification to the two adjoining property owners (both provincial government agencies) and placed a notice of the proposed installation in the February 7, 2011 edition of the Pickering News Advertiser. They also confirmed that no public comments were received as a result of the public notification process (see Applicant's Site Selection and Public Consultation Report - Attachment #4). 2.2 Co-location opportunities have been examined The installation and creation of separate, stand alone, radio communication towers and broadcasting facilities is discouraged unless all other co-location options have been explored and are considered unfeasible. There are currently two cell towers in the immediate area that were examined as potential candidates for co-location with Public Mobile. The applicant has advised that the existing cell towers are located outside of their 300 metre search area and that they are currently at their engineering capacity. The applicant has also advised that the proposed tower would be suitable for future co-location with other carriers. 2.3 Council Resolutions In May 2011, City Council passed Resolution 102/11 requesting Industry Canada to cease consideration of communication towers in any residential area of Pickering in order to establish criteria for all matters pertaining to land use for the installation of these towers (see Council Resolution 102/11 - Attachment #5). This resolution was a response to a number of cell tower installations that were erected without municipal and\or. public consultation, specifically a proposed tower installation under 15 Metres at 1820 Whites Road. The Whites Road proposal precipitated an earlier Council Resolution in April 2011 requesting that Industry Canada reverse approval of the tower and amend its policies to require municipal consultation on all installations, regardless of height (see Council Resolution 87/11 - Attachment #5). Report PD 26-11 September 6, 2011 Subject: Proposed Wireless Cell Tower Installation Page 4 The applicant has provided confirmation that this proposed installation has been publicly circulated in accordance with Industry Canada's requirements and the proposal is now before Committee and Council for consideration. In view of the public consultation and Council engagement associated with this proposal, and as this proposed installation is not within a residential area, the processing of this application through this report is not considered contrary to Council's Resolutions. 2.4 Proposed Tower Location is acceptable Staff support the proposed location of this cell tower facility. The proposed tower and equipment compound are to be located at the south limit of Country Lane which is approximately 260 metres from the nearest residential dwelling. The compound can be accessed directly from Country Lane. As the tower is proposed at the end of a public road adjacent to Highway 407, no additional screening is recommended for this installation. The proposed location of the cell tower and compound have been examined against the proposed prestige employment and natural heritage system land use designations in the Central Pickering Development Plan. A provision in the draft lease allows the City, in any second term of lease, to require Public Mobile to move or alter their equipment if the City requires the lands for development, therefore the proposed cell tower installation will not preclude the development of the adjacent lands for future employment uses. The Toronto and Region Conservation Authority (TRCA) is also requesting a permit prior to installation. Staff recommend that City Council approve the recommendations in this report as the proposed installation is not located in proximity to incompatible and\or sensitive land uses and will not preclude the future development of the lands for future employment uses in accordance with the Central Pickering Development Plan. 3.0 Staff Support the Proposed Terms of the Lease Public Mobile has provided a draft of the proposed lease for the City's review, and has offered to pay the City an annual rate of $20,000 plus HST for each of the 10 years of the term of the lease, with an additional ten-year extension to be exercised at the discretion of Public Mobile (see Proposed Lease Agreement - Attachment #6). The lease is generally consistent with a recent lease entered into by the City for a similar installation in Duffin Heights. The proposed terms and conditions (other than remuneration) must still be reviewed and approved by the Treasurer and City Solicitor prior to execution, should Council approve the leasing of the lands for this purpose. All required conditions from affected agencies, including TRCA and MTO, will be addressed prior to finalizing the lease. Report PD 26-11 September 6, 2011 Subject: Proposed Wireless Cell Tower Installation Page 5 97 Attachments: 1. Location Map 2. Applicant's Submitted Plan - Site Layout 3. Applicant's Submitted Plan Tower Elevation , . 4. Applicant's Site Selection and Public Consultation Report 5. Council Resolutions 6. Proposed Lease Agreement Prepared By: Approved/Endorsed By: Tyler Barnett Neil Carro , RPP Senior Planner -Site Planning Director, 131 1 & D velopment (&Ld Marg Wouters, MCIP, RPP Everett Buntsm Manager, Development Review Director, Community Services & Urban Design TB:Id Copy: Chief Administrative Officer Director, Corporate Services & Treasurer City Solicitor Recommended for the consideration of Pickering City C ciI 012 l1 Tony Prevedel, P.Eng. Chief Administrative Officer E ATTACHltr ENIT # TO REPORT 0 PD 20-11 98 BROU HOMY ORCKM MCA APPROXIM TE LO ATION OF CELL IGH~ R ( O.Om HIGHWAY 4 7 HOMY Q" City of Pickering Planning & Development Department PROPERTY DESCRIPTION Concession 5 Road Allowance between LOT 20 & 21 07\ OWNER City of Pickering DATE June 29, 2011 DRAWN BY JB FILE No. Installation # 37 - Public Mobile SCALE 1:10000 CHECKED BY TB H a oureu• T.wn.t Ent.rpAu. Ine, and Ib .u pli.r.. All MOht. R--dn PN-RUR 2000 MPAC and IV .u Ii.n. All A ht. R...rv.d. Net a la o} Surv ATTACHMENT # Z TO REPORT # PD_ 9 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN PUBLIC MOBILE INSTALLATION (SOUTH LIMIT OF COUNTRY LANE) I HCMAY He. 7 ' xsv..ue..vc 1A-nw wvr.:..e: s ec a VN .aw.] Ml ' „r3 -i °Ttr..ml I P1 r I ~ I I ¢ ri i t I W II , I P ~J I I! ~l I li I J ry I.- rl Z I s 11 0 U 1 I j'_a I - 1 I ~i ly I' ' a I 11 li ii ~ I COMPOUND DETAIL I k~ I I e y } it ri~~ I ~ i• { V I f`i I "Ilk Q 1 I t ~ I~ r I 1 I i e U ~ .eKn>a, ~ rr <sy ioocrl-`>t e.rr I I I~',,,_ta { J li CHWAY 140.407 { THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, APRIL 13, 2011. 100 ATTACHMENT # 3 TO REPORT PD_ INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN PUBLIC MOBILE INSTALLATION (SOUTH LIMIT OF COUNTRY LANE) 'f O 1 ar THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, APRIL 13, 2011. ATTACHMENT To 1 01 REPORT # PD SITE SELECTION AND PUBLIC CONSULTATION REPORT for NEW TELECOMMUNICATIONS FACILITY Prepared for: The City of Pickering Prepared by: Public Mobile Friday, August 12, 2011 To REPUR 1 # PD 27-77- 102 TABLE OF CONTENTS 1. Introduction & Jurisdictional Context 2. Site Justification 3. Collocation on existing tower(s) 4. Common Design Guidelines and Public Mobile's Response 3. Location 4. Description of Antenna System 5. Health, Safety & the Environment 6. Public Circulation Package and Comments List of Maps and Figures Figure 1 - Evolution of a Cellular Network Figure 2 - Evolution of a Cellular Network Figure 3 - Evolution of a Cellular Network Figure 4 - Changing Tower Profile over Time Figure 5 - Minimum Separation of Antenna Figure 6-. Co-location Figure 7 - Co-location Arial View Figure 8 - Tower Twist and Tilt Figure 9 - Tower Loading Figure 10 - Proposed Site Map Figure 11 - Tower design and elevation according to site survey Figure 12 - Newspaper Article: Original Template Figure 13 - Newspaper Article: As listed Figure 14.1 - Public Circulation Brochure Side 1 Figure 14.2 - Public Circulation Brochure Side 2 Figure 15 - Circulation Map Map 1 - Proposed Site Relative to Existing Towers Map 2 - Location Map Showing Distance to Nearest Residential Dwelling REPORT # PD_ ro TO 103 1. Introduction & Jurisdictional Context In recognition of the Federal Government's exclusive jurisdiction and in an attempt to promote balance, Industry Canada requires that proponents of telecommunication facilities consult with land use authorities as part of their licensing process. The requirement to consult can be found in Industry Canada's document, Client Procedure Circular CPC-2-0-03. According to the CPC, the purpose of consultation is to ensure that land use authorities are aware of significant antenna structures and/or installations proposed within their boundaries so antenna systems are deployed in a manner which considers local surroundings. Consultation must respect the Federal Government's exclusive jurisdiction and specifically does not give a municipality the right to veto the proposal. General information relating to antenna systems in available on Industry Canada's Spectrum Management and Telecommunications website http://strategis.ic.gc.ca/antenna As a result of the Federal Government's exclusive jurisdiction, this proposed wireless facility does not require permitting of any kind. Similarly, zoning by-laws and Site Plan approvals do not apply to our facilities. Public Mobile attests that the radio antenna system described in this Site Selection package is excluded from environmental assessment under the Canadian Environmental Assessment Act. Notwithstanding the Federal Government's exclusive jurisdiction, Public Mobile is committed to consultation with the Local Land-use Authority. In this case, the City of Pickering does not have an existing Telecommunications Antenna/ Tower and Related Structures procedure. This package is intended to provide the necessary information as required by this policy for the Local Land-use Authority (City of Pickering) to review and provide a Letter of Recommendation. 1 0 ATTACHMENT # TO REPORT # PO 2. Site Justification A radio antenna and a tower are the two most important parts of a radiocommunication system. The antenna is needed to send and receive signals for the radio station. The tower raises the antenna above obstructions such as trees and buildings so that it can send and receive these signals clearly. Each radio station and its antenna system (including the tower) provide radio coverage to a specific geographic area, often called a cell. The antenna system must be carefully located to ensure that it provides a good signal over the whole cell area, without interfering with other stations and can "carry" a call as the user moves from cell to cell. Q C.Z.7i.Y7t7n~nrx~ C~IL+ ~jr ~ I:~:i r z cs - - Continueus wireless service G Each cell enly serwas a fixed numbe, of calls Figure 1 If the station is part of a radio telephone network, the number of stations needed also depends on how many people are using the network. If the number of stations is too small, or the number of users increases people may not be able to connect to the network, or the quality of service may decrease. m~ ~QD Figure 2 ATTACHMENT # TO REPORT 105 # PD -/I As the number of users exceed the capacity of the radio station to receive and send calls the coverage area for the cell shrinks and the shrinkage between cells create coverage holes. As demand increases for mobile phones and new telecommunication services, additional towers . are required to maintain or improve the quality of service to the public and restore contiguous wireless service. • f uJ V w.~ ~lV:.•.J W C3~i.~ ~itj~[j I • ~ C!T_-~II17f7➢ J • !r's7el[I~~* { . • r Figure 3 In this case, Public Mobile's RF Engineering department has determined the need for a Personal Communication Services (PCS) upgrade to adequately provide contiguous coverage and service to our existing and future customer base in and around the developing area along the 407 and Highway 7 corridors. Currently, our network is burdened by a combination of poor voice and data quality in this very large area. In some cases, the coverage is so poor that a handset would be unable to place a mobile call at all in the subject location and surrounding area. The result of this situation is on-going customer complaints, high "dropped call" rates, and in extreme circumstances, the potential inability to place a mobile call that may be absolutely critical in an emergency situation. Based on Public Mobile's RF Engineering team, a location was chosen on the road allowance at the southernmost end of Country Lane Road, just north of the 407. The location is on a road allowance owned by the City of Pickering. 106 ATTACHMENT # TO REPORT # Pi 3. Collocation on existing tower(s) Public Mobile strongly supports co-location on existing towers and structures. The use of existing structures minimizes the number of new towers required in a given area and is generally a more cost effective way of doing business. However tower infrastructure is a finite resource and over time most towers reach their engineered maximum. This normally results when more than two carriers occupy the same tower as illustrated below. g Alterations to g Further alterations c original antennas = to original antennas include: direction, o „ azimuth, etc. LL LL Implemented Futures Addition of Alterations to original r t „ - 2nd Wireless Carrier v 2nd Wireless Carrier antennas s Additional Netwok S Technologies/Equipment 2001 2004 2009 Initial Single Carrier Tower Profile over Tower a period of time Figure 4 MINIMUM SEPARATION Minimum 1 metre separation between antennas required Towers are limited in terms of both allowable + space and engineering capacity. Each antenna array 4 i requires a separation of vertical space so they do not I A.. create interference with each other see.fi re 5 i Interference with other antennas occur when there is less than 1 metre separation. The signal quality is reduced. Figure 5 ATTACHMENT # TO 1 0 7 REPORT # PD___ Generally a meter separation is standard, however, the closer the carrier frequency's are on the radio spectrum the more vertical separation is required. Because Bell, TELUS and Rogers operate is close proximity in the radio spectrum separation distances between antennas can be as much as 10 meters. Each successive carrier who requests space on a tower receives a lower and lower location. The impact on second and third tower co-locaters because the antennas are line-of-site is that the broadcast radius also shrinks. The location that the carrier achieves on the collocated site results in an uneven distribution of coverage from a site effecting the location of the surrounding sites for each carrier. As you can see in figures 6 and 7 below demonstrate this effect. The 1 S` carrier is able to locate its next tower further away from the collocated tower that either the 2"d or 3rd carrier. Q.ya . ~ : ~ lsr~..:tr.~41 cs tl 3C•Jt1 ~ i • ct"iT%J t i ~~1L~5 : • . C] IiZ L-'.7J~LT7 Q~+7;~ ~tT:~11 fi~1WT,0 U- fix} i ~r J , Figure 6 • • • o 6ZW %b W C~~j{[~X~•IA~ ^ o YQ,Zi s i CTL1~~C•~1 Y~iT!~•::TiZ~a ~~.jC•ZT,rIL~.l7 : r . /a'L~'~X~~l•7~~~~•]!bX!1GX•] • ^ ~Q~] ~+3(lJ a • ~•?CK•]1L•I•~3~+3 l ~1, i4 `~F 1 j - '1 ~ G NOON TiMw i. 7. j}1 ~ 1 ;1 Figure 7 III ATTACHMENT # TO 108 REPORT Engineering capacity is a second limiting factor on how much equipment can be placed on a tower. The more equipment on a tower, the more wind and ice loading on the tower causes it to twist and tilt. Tilting has a direct impact on service quality of the tower. Since the signal is broadcast by line of sight the more it tilts the more the signal area changes causes some areas to move in and out of coverage. Dropped calls and unpredictable coverage is the result. TILTING OF TOWER Wind loadina causes towers to twist a WIND -.c e WIND t woo The more equipment on a tower, the more the tower tilts. The more equipment on a tower, the more the tower twists. Tower Tilt causes the signals to be aimed away from the Twisting of towers causes the signals to be aimed away from target coverage area. The signal quality is reduced. target coverage area. The signal quality is reduced. Figure 8 Twisting of towers also causes the signals to be aimed away from target coverage area. The signal quality is further reduced. Towers that are loaded with antennas beyond the tensile strength of the steel both twist and tilt. A tower that is appropriately loaded operated within its specified parameters and twist and tilt is kept within operating norms. Overloading a tower can result in unacceptable tower operations or in some very rare cases tower failure. i F i ATTACHMENT # '4 TO 109 REPORT # PQ_ RESULTS OF OVERLOADING A TOWER TOWER LOADING 1 WIND 1 WIND 1 A tower is designed to support its equipment load and withstand A tower is designed to support and withstand site specific loading. Exceeding the limits will compromise the tower's wind and/or ice loading that is speck to the site. structural integrity. Unfortunately do to the low rise residential nature of the proposed site neither co-location nor rooftop installations are viable options. While there are two existing towers in the area, see map below, neither is suitable to support the proposed facility. Tower A is unsuitable for co-location as it is government owned and operated facility which prohibits private telecommunication carrier occupation. Tower B is suitable for co-location; however the height available on the tower, approximately 20 metres and its extreme distance from the original search ring (over 1 kilometer) will not meet the minimum line-of-sight requirements as identified by Public Mobile engineers. ~ I 1 Map 1 - Proposed Site Relative to Existing Towers ATTACHMENT # 1 1 0 REPORT # pQTO 4. General Tower Design Guidelines and Public Mobile's Response The following is a table outlining the City of Pickering design guidelines (general and for self supporting towers) and Public Mobile's response to each in this particular case. GENERAL PRINCIPLES PUBLIC MOBILE'S RESPONSE Co location is the preferred option for Public Mobile strongly supports co-location on existing accommodating new telecommunications towers and structures. The use of existing structures facilities as is locating other towers adjacent minimizes the number of new towers required in a to existing towers or hydro transmission given area and is generally a more cost effective way of. towers doing business. There are no co-location opportunities within the search area of the proposed tower nor are there existing towers, transmission or otherwise. There is a tower owned by the Coast Guard approximately 877 metres from the proposed location. This tower is too far outside Public Mobile's coverage requirements and is at engineering capacity as described previously. So co-location is not an option on this tower. It should be noted that the proposed tower would be suitable for future co-location with third parties. Avoid locations that are sensitive to The tower is not in close proximity to any of these residential areas, historic sites, features. environmentally sensitive areas and hazard lands Avoiding areas of topographic prominence The proposed site location elevation is approximately 198.2 metres above sea level which corresponds with the average geographic elevation of the area. Care shall be taken in the placement, style There are no buildings immediately adjacent to the and colour of antenna and equipment proposed site. Furthermore the site and design of the shelters on or adjacent to existing buildings. proposed tower are proposed to be as noninvasive as possible. Tower lighting and colour will be dependent on Nav and Transport Canada location and height approval. Maintaining appropriate setbacks from road The proposed tower has been sited- on existing road allowances. allowance. The location was specifically chosen in order to minimize the visual impact of the tower. The nearest existing residential development is 260 metres away from the proposed tower location. (see map 2 below). ATTACHMENT # 7 TO 3. Location REPORT # PD_ The proposed site will be located on: PART OF ROAD ALLOWANCE BETWEEN 'LOTS 20 AND 21 CONCESSION 5 Full Legal Description: FIRSTLY ; RDAL BTN LTS 20 & 21 CON 5 PICKERING; SECONDLY PT LT 20 CON 5 PICKERING AS IN P143448; PICKERING Tower Centre Co-ordinates: 43 54'44.4"N 79 06'52.1"W An aerial photo of the proposed site is shown in Map 1. The 40 m tripole and a 203.6 sq.m fenced compound and is not accessible to the general public. f II y ~ 26-i. ✓'w C j ! ~ ~ - ..s..;.. - -~•yr-~ _ -y~ 'ems ~y F• e a K.• r >,r r 1. ~ / Z ~ • ~ • R .i a t. r ' R. ter. N ~t3- "-`~•~a ~d xs~ , ,.Z;~; Map 2 - Distance to nearest residence I ATTACHMENT #-4-/ TO 7J REPORT # 4. Description of Antenna System Height: 40 m Type: Tripole Simulated Images: Please refer to Figure 11 (below) for a photo showing a typical 40m self support tower. The installation will respect good engineering practices including structural adequacy at all times. ELEVATION PLAN NOT TO SC&E f T 3. A9 [ 1. ~ Figure 11: Tower design and elevation according to site survey w ATTACHMENT # 4 TO REPORT # PD- 2 5. Health, Safety and the Environment Industry Canada requires that all radio stations be operated within the guidelines established by Health Canada's Radiation Protection Bureau in its obligation, Limits of Exposure to Radiofrequency Fields at Frequencies from 10 kHz - 300GHz. This document is also known as Safety Code 6. In this case, Public Mobile's RF Designer, Junaid Ahmed, attests that the radio antenna system described in this submission package will be installed and operated on an ongoing basis so as to comply with Health Canada's Safety Code 6, as may be amended from time to time, for the protection of the general public. Moreover the proposed site complies with the Federal guidelines for environmental assessment (EA) exemption under regulation SOR/2007-108. A signed attestation to that effect has been attached below. i i I ATTACHMENT # REPOR7 # P _ TO 5 Canadian Environmental Assessment_Attestation Regulation SOR/2007-108 (the exclusion list regulations, 2007) provides in Section 20 that the proposed construction of a radiocommunication antenna and its supporting structure are exempt from the requirements of the Canadian Environmental Assessment Act provided it meets the circumstances set out in Clause 20. That Clause reads as follows: 20. (1) The proposed construction, installation, operation, expansion or modification of a radiocommunication antenna and its supporting structure I (a) if (i) the antenna and supporting structure are either affixed to a building or located entirely within 15 m of a building, or (ii) the antenna, its supporting structure, or any of its supporting lines has a footprint of no more than 25 M; (b) if the project is not to be carried out within 30 m of a water body; and I if the project does not involve the likely release of a polluting substance into a water body. (2) The proposed construction, installation, operation, expansion or modification of a radiocommunication antenna and its supporting structure within 30 m of a water body if (a) the antenna and its supporting structure are affixed to a building; (b) the project results in an antenna with a height no more than the greater of 5 m and a height equal to 25% of the height of the building to which it is affixed; and I the project does not involve the likely release of a polluting substance into a water body. (3) The proposed construction, installation, operation, expansion or modification of a radiocommunication antenna and its supporting structure that are affixed to a physical work other than a building if the project (a) results in an antenna with a height no more than the greater of 5 m and a height equal to 25% of the height of the physical work to which it is affixed; and (b) does not involve the likely release of a polluting substance into a water body. Similarly, Regulation SOR/2007-108 provides an exemption for buildings from the requirements of the Canadian Environmental Assessment Act provided it meets the circumstances set out in Clause 7. That Clause reads as follows: 7. The proposed construction, installation, operation or modification of a building, other than a building to be used exclusively for one or more of the purposes set out in subsection 6(2), if ATTACHMENT #e TO REPORT # Pp Z (a) the construction or installation does not result in a building with a footprint greater than 100 m2 or a height greater than 5 m; (b) the project is not to be carried out within 30 m of a water body; and the project does not involve the likely release of a polluting substance into a water body. I attest that the radiocommunication antenna, its supporting structure and associated building proposed to be located at Part of the Road Allowance Between Lots 20 and 21 Concession 5, in Pickering complies with the aforementioned exemptions. Sincerely, James Kennedy RPP, MCIP I ATTACHMENT # TO REPORT # PD 6. Public Circulation Package and Comments Project specific information was provided to the affected public under both the Industry Canada consultation guidelines and the City of Pickering's guidance. Multiple avenues of participation were used during this project. In addition to information brochures, which were provided to individuals within the circulation radius of 3 times the tower height or 120 metres, a newspaper advertisement inviting comment was also taken out in the February 7/2011 edition of the Pickering News Advertiser. For your reference please see the public circulation package (newspaper article, public brochure and circulation map) included below. ATTACHMENT #-J/ REi'OR7 TO # PD PUBLIC NOTICE~.._. a PROPOSED WIND MOBILE 40-METRE STEEL TRI-POLE TELECOMMUNICATIONS TOWER SUBJECT: ANY PERSON may make a written submission to the individuals listed below by Thursday, March 17, 2011 with respect to this matter. • Wireless steel tri-pole tower, 40 metres tall and will occupy PLEASE TAKE NOTICE as the approval of this site and its design is under an area of 0.02 hectares. the exclusive jurisdiction of the Government of Canada through Industry Canada, the City of Pickering has no jurisdiction in this matter other than as • Location: At the southern a commenting body to Industry Canada and the applicant. most end of Country Lane Rd. between lots 20 and 21 in the ADDITIONAL INFORMATION relating to the proposed Tower and site is City of Pickering; Site is available for review between 8:30 am and 4:30 pm, Monday to Friday at the located approximately 450m City of Pickering municipal offices. Further information may also be south of hwy 7 and 1.5km obtained through the following contacts: west of sideline 24. Public Mobile - on contract to: City of Pickering contact: • Part of the Road Allowance between lots 20 and 21, FONTUR International Inc. Tyler Barnett Concession 5, City of 30 East Beaver Creek Road Senior Planner Pickering, Regional Suite 104 City of Pickering Municipality of Durham Richmond Hill, ON L4B 1J2 One the Esplanade, Pickering, ON L1 V 6K7 • The facility will include 1 Fax: 866-234-7873 lattice tri-pole tower and 1 Email: Tel: 905-420-4660 ext. 2042 radio cabinet as well as ON PCK0562.publicmobile.info@ Email: fencing around the base of fonturinternational.com tbarnett@cityofpickering.com the tower. The tower will provide wireless and data SITE LOCATION MAP services. KEY PLAN (NOT TO SCALE) a A ~,Zf 1 7 Z_ ccS~~C . O_ HIGHWAY No 7 N - O a t.Jl 0 SITE v E.T.R. HIGHWAY No 407 o: x 0 w Figure 12 - Newspaper Article: Original Template ATTACH ENT #____'5-/ TO REPGRT # PD~.Z~//q 19 acrz_ . PUBLIC-NOTICE - ' PROPOSED WIND MOBILE 40-IIAETRE STEELTRI-POL'E TELECOMMUNICATIONS TOWER SUBJECT . • careless steel tri-pale tower 40 metres tall.and"ANYPER$ONmaymakeavrrittensubmission will occupy.art area of 0 02 hectares.: to the.;individuals listed below by Thursday, • Location At the southern most end of Country Marc ti`17, 2 1with-respect to this matter. Lane Rd. between lots 20.ani 21 m the City of PLEASE TAKE NOTICE as the approval of Pickering;: She is:located approxlmatelyA50r`rj this' :6 and its design is under the exclusive south of hwy 7 and 1.5km west of sideline 24 tunsdiction of -the Government of Canada • Part of the Road Allowance between lots 20 and through Industry Canada, the City of Pickering 21, Concession 5, City of Pickering, Regional has no jurisdiction in this matter other than as Municipality of Durham a commenting body to Industry Canada and ` • The facility will include 1 lattice tri-pole tower the applicant. and- 1 radio cabinet as well as fencing.around.. ADDITIONAL INFORMATION relating to the the base of the tower. The tower will provide proposed Tower and-site isavailable forreview g wireless and data services. between 8:30 am and 4:30 pm, Monday to ' Friday` at the . City of . Pickering municipal SITE LOCATION MAP offices. Further information may also be u obtained through the following contacts: K _tAlhll { PublIc Mobite - on contract to: y. a FONTUR International Inc. a ,30 East Beaver Creek Road s Suite 104 y r 7. Richmond Hill, ON L4B 1J2 Fax: 866-234-7873 - Email: ONPCK0562.publicmobile.info@ 3 fonturinternational.com City of Pickering contact: €t.tt wpvo Tyler Barnett Senior Planner City of Pickering , One the Esplanade, 55t~ Pickering, ON L1V 6K7 m Tel: 905-420-4660 ext. 2042 --Email: tbarneft@cityofpickering.com Figure 13 - Newspaper Article: As listed ATTACHtviENT ~TO What about health & sofety? ' How do I aet involved? Health cnd safety are paramount to Public Mo- ( Public Moble is comrniffed to public consultation. bile. HeclfhConoda has established elecko- I You are invited to provide comments to Public M0- ` magnetic expostte gtldeines, known asSafety I I bile about this proposal by mci, electronic mrnT or j QQQ i Code 6, to ensure the sofa operation of wireless fox In order to ensure your comments are consd- Public antenna installations. Public Mobile ensures erect pa v u ' day, March t tres red byelaw at business Thurs- tfat all of its facliies operate well below the you mus 7,2011 to: MOBILE' allowable limits measured, taking info account ; oil pre-ekisfing sources and combined effects of T-ONTUR Inierrmtional addifional comer coaocatons: in fact, this site 30 East Beaver Creek Road, Suite 104 will be thousands of times below the allowable Mchmard Kill, ON L46 1 J2 j I-snifs. Fox: 866-234-7&3 I Email: i i OWPublic Mobile attests that the radio antenna, OFPCK0562pub'FCrrxffioentaQCtordurmtaratxmol.cam Community system described in this notificaion package willbecorutructed-+n compliance Wth the No- Your Industry Canada contact floral Buildreg Code of Corrado which includes : N otifi c ati o n oilapplicableCSARatio Communicatons . Regulations. ATTENTION: Tower Issue - Part of the Rood Allow' Once Ba4reen Lois 20 and 21, Pickering, ON- Regulotoryandconsultativeprocedures fortel- ONPCK0562 i For a 40m Telecommunications ecornmunicaliors antennas can be found in ' Tower Industry Carade's CPC 2-0.03 Issue 4. Torw*0 DW,k;l o6ce Room' 0M, 41h Floor i Public Mobile attests that the rodio antenna 55 St- Clair Avenue East system described in this n otficoion package Toronto, ON WT 1 M2 will comply with Transport Canada /NAV Cara- Telepfane:416-973M15 i Located at daaeronauficolsafety requirements. Public Fmc416-954-3553 Mobile has mode all neceuary applications to Email: spectrum toron'o Sic-ac.ca TronspodConadaandNAV Canada and will ; Part of the Road Allowance undertake to provide these requirements when Your land use authority contact I Between Lots 20 and 2,1, they are made available. Pickering, Ontario The proposed facility would include one locked, Tyler Barnett, Senior Planner alomaedandelectronically monitored mechcn- DevebpmentRevievr i icai eauipment shelter. Fencing would be in- City of Pickering stalled around the base of the tower and One The Esplanade i Pickering, ON L I V 6K7 Public Mobile Site Code locked gate cers point. Tel- 905-42G4660 ext-21142 ' lacked gate access pant. Ema ON PC K0562 ul: !barnetfs~ritvofaickerno.com For more information General information from IrxAistryCarada: http-//straiegis-ic.gc-caloreternci Healfh Canado's Safety Code 6: hfpJMwww-ic.oc,cafe0c/site/sort-osi.mf/en/ 00590ehirnl Figure 13.1 - Public Circulation Brochure, side 1 ATTACHMENT # TQ REPQR7 4 PQ 210,//= 1 21 Your local land use authority ; Why is a new tower required? What will it look like? I In recognition of the Federal Government's exdu- A radio cnienno end tower are the two most im- Public Mobile is proposing a 40m steel monopole live Wisdiction and in on attempt to promote bol- partant ports of a radio communicafion system. tower to improve upon the overall poor coverage ante. IndustryCorw=b requires fhai proponents of i The antenna is needed fo send and receive sig- in your area. telecoarnunicafion facilities consult with land use I rots for the radio station. The tower raises the on- authorities as part of their licensing process. The fenny above obsfructions such as frees and build- Below is an image of a tower similar to the one pro- requirement to consult can be found in Industry ings so that it can send and receive these signals posed. Canado's document, Client Procedure Circular clearly, Each radio station and its antenna system (CPC) 2-0-03. The purpose of consultation, as cut- 6ncluding the tower) provide radio coverage to a lined in CPC 2.0-03, is to ensure that land use au- specific geographic dreo, often called o cell. The thorities are aware of significant antenna structures antenno system must be carefully located to en- and/or installations proposedwilhin their bourda- sure that it provides o goodsignal over the whole r riesandthat antenna systems aredeptayedina cell area, without interfering with other stations. In manner which considers local surroundings. areas where there we many cells, the antennas I~ I do not need to be very high. Where the cells are Consultation must respect the Federal Govern- larger, the antennas must be higher above the ment's exclusive jurisdiciionand.specificctydoes ground level in order to provide good radio cover- h { not give a municipality the right to veto the pro- age for the whole area. posal. As a result, this proposed wireless facility do es notrequirepermitting ofaanykird.Similarly, In this case, Public Mobile has determined the I '~1tyl mnirg7 by-laws and site plan approvals do not ap• need for new antennas in the area in order to ad- tofhesefacilities. equaiely provide contiguous coverage and ser- Ply vice to our future customer base in the along the Notwithstanding the Federal Government's exalu, 407 corridor between Brock Rd. and the 24th 5ide- sive jurisdiction, Public Mobile is camrriffted to corn j line. Public Mobile close this site In order to avoid sultation viith the local land use auifority (The City problematic situations for our future customers ~i. of Pickering). The city does not have a council- such as poor voice and data quality, dropped adopted protocol or policy related to this proposal- coils, or even the inability to place a mobile call in ! I('~ This public notificaton has been designed to pro the sLd*cf area. vide all the necessary information as required by Industry Canada to those properties that fail within KEY PLAN the notification radius. (LTTO CALE) Wh ere will it be located? & Z The proposed site of the tower is at the southern most end of Country Lane between lots 20 dud 21 WHWAY No 7Q m * ; 3i concession 5, between Brock Rd and the 2tfh5ide- { w t' " line, j The geographic coordinates for the site are: G"] Latitude (NAD83) N 43°54'44.63" ~Z - • - Longitude (NAD83) W 79°6'5226" n 5~ S Public Mobil estrongly supports co-location onexst- E.T.A. wCHWAY No e07 What about the environment? ing towers and structures. The use of existing strut Lures rninimires the number of new towers required c Public Mobile attests ttsat its radio antenna system in a given area and is generally a more cwt effeo- described in this rofifcation package will comply five way of doing business. Unfortunately in this I case, there were no exising structures in the arec with the Carodran Environmental Assessment Act, to be considered, as this facility is excluded from assessment. I Figure 13.2 - Public Circulation Brochure, side 2 ATTAICH fEN f i V 2 2 REPoRz # SUBJECT PROPERTY PLAN sr-Am 1:70.000 0 N HOMY No. 7 r----------- it II I . fl 11 it - II i1 - 11 Paopos~vo r 11 ILDOUPOUNO !~S P•tlY ~ 11 tip f 4Ql~ ! 1 120 rR NOTM1Z AMOK PAWS ! I F:OU PIROPOSED TPOPOLE 11 A tl a1 PW 21 ; x2-0065 PW 2M2-0006 It ll~ J I~ it u if 1! it 11 ` I. fl g if a$ li 11 11 t! 11 11 I[ It IL 11 It It fl If I{ II ---J L_-- - - WMEVALE RM ~ ROAD ALt7W44CE WOSEN C0f4*ASS M 4 A90 5 Figure 14- Circulation Map Er~T - V 0 123 az rachr~ P© Notification in writing was sent to: REPORT ; Her Majesty The Queen In Right Of Ontario As Represented By The Minister Of Public Infrastructure Renewal (C/O 7 Queen's Park Crescent, 7th floor, Toronto, Ontario, M7A 1 Y7) with respect to PT LTS 21 & 22 CON 5 PICKERING;. PICKERING, REGIONAL MUNICIPALITY OF DURHAM And Ontario Land Corporation (C/O 1 Dundas Street West, Suite 2000, Toronto, ON M5G 21,5) with respect to PT LTS 19 & 20 CON 5 PICKERING 1 FT RES PL530 LYING ON SLY LIMIT OF DONNALEA AVE PL530 PICKERING AS IN D101249 EXCEPT PT 2, 40R5682, PTS 1 & 2, 40R10518, PT 1 40R4340, PT 1, 40R4339, P143488; PICKERING No responses were received. Please note that the deadline for public comment was March 17/2011. On March 18/2011, 0 comments or concerns had been addressed by the public regarding this proposal. ATTRCHMENt # 5 To REPORT ~ PD ~ ~,-1 ~ 1 24 Excerpt from April 18 2011 Council'Minutes Resolution #87/11 Moved by Councillor O'Connell Seconded by Councillor Ashe WHEREAS. the City of Pickering was recently informed that Industry Canada has approved a cell phone tower at 1820 Whites Road-, Amberlea Presbyterian Church without any consultation with the City of Pickering; and WHEREAS the Federal Government through Industry Canada, refuses to recognize the important role that municipalities play in regards to local land use matters and specifically where cell phone towers may be situated; and WHEREAS local residents residing in the Amberlea/Foxhollow Neighbourhood are outraged, having become aware,through 3rd party information that such an intrusion can be erected in a residential community; NOW THEREFORE BE IT RESOLVED that the Federal Government through Industry Canada be advised that the City of Pickering objects to the installation of a cell phone tower at 1820 Whites Road and that they reverse its approval and enter into discussions with the City of Pickering in order to find a more appropriate location; AND FURTHER that the Federal Government be required to amend their policies. and procedures for the approval of cell phone and radio towers to allow for local municipalities consultation on all applications and to not approve applications objected to by the local municipality; ri AND FURTHER that consultation takes place through the Federation of Municipalities on establishing guidelines to assist Industry Canada in setting criteria,that can be used by municipalities to assess each application submitted for .towers; AND that a copy of this motion be forwarded to FCM to be included for endorsement at its annual meeting AND that copies of this resolution be sent to Dan McTeague, MP for Pickering/Scarborough East, the Honourable Tony Clement, Minister of Industry, and the Honourable Gary Goodyear, Minister of State (Science and Technology). Carried Unanimously on a Recorded Vote - i 4TTACHMINIT # 5 To 1 2 5 P" 0,1111 # PLC p Jl Excerpt from May 16th 2011 Council Meeting Minutes Resolution #102/11 Moved by Councillor O'Connell Seconded by Councillor Ashe WHEREAS On April 18, 2011 the Council for the Corporation of the City of .Pickering formally opposed the installation of a communications tower at 1820 Whites Road in the City of Pickering; and WHEREAS hundreds of area residents have signed a petition objecting to the installation of a communications tower at 1820 Whites Road and other City locations; WHEREAS the City of Pickering received a response from Industry Canada in regards to our request to relocate the proposed communications tower at 1820 Whites Road and have ordered all communication tower installations cease on this site until Industry Canada can review this matter; NOW THEREFORE BE IT RESOLVED the Council for the Corporation of the City of Pickering requests the Government of Canada cease further consideration of communication towers in any residential area of Pickering in order to commence discussions with the City of Pickering to establish criteria based on mutual respect for all matters pertaining to land use in the City of Pickering for the installation of communication towers throughout our community. AND THAT a copy of this resolution be sent to Durham Regional Council, Corneliu Chisu, MP Elect for Pickering/Scarborough East, Chris Alexander, MP Elect Ajax Pickering, the Honourable Tony Clement, Minister of Industry and the Honourable Gary Goodyear, Minister of State (Science and Technology). Carried Unanimously on a Recorded Vote 1 2 6 ATTi~C'r','4f~7_ 6_ i o RENUR l ft PO File: ONPCK0562 .SITE LEASE This Lease is made on this 1st day of September, 2011 BETWEEN: The Corporation of The City of Pickering (the "Landlord") and PUBLIC MOBILE RETAIL INC. ("TENANT") The Landlord represents and warrants that it is the owner or lessee of the real property described in Schedule "A" (the "Premises") or is the duly authorized agent of such owner or lessee and has the authority to enter into this Lease. The Landlord has agreed to grant to TENANT a lease of a portion of the Premises, being the area(s) described in Schedule "B" (the "Site"). NOW THEREFORE in consideration of the rent payable by TENANT to the Landlord, the Landlord hereby leases to TENANT the Site together with its appurtenances herein described, subject to the covenants and obligations contained in the attached Terms and Conditions, and to such further specifications as are contained in Schedules A, B, C, D and E attached hereto, the whole forming the lease between the parties (the "Lease"). The Landlord grants to TENANT for the duration of the Lease: (i) the right to construct, install, maintain and use on the Site such equipment, devices, and facilities (collectively, the "Equipment") as may be necessary or useful from time to time for the purpose of carrying on the business of TENANT as a telecommunications service provider as per Schedule "B"; (ii) the right to install concrete moorings as required in order to ensure the stability of certain exterior Equipment; (iii) the right to build, maintain, occupy and use on the Site such enclosed structures as are required from time to time for the purpose of housing any part of the Equipment (the "Shelter"), including the right to renovate for such purpose any interior space included in the Site shall not occupy or block the travelled portion of the Premises; (iv) the right to access the Site, the Equipment and the Shelter on a 24/7 basis, on, over and through the Premises, with personnel, vehicles and equipment, as required, provided that the TENANT shall not occupy or block the travelled portion of the Premises; and (v) the right to use the Site, including the Shelter and the Equipment, for the purpose of carrying on a telecommunications , business. TO HAVE AND TO HOLD for a term of ten (10) years commencing on September 1, 2011 (the "Commencement Date") and ending on the day immediately preceding September 1, 2021 and any extension term as provided herein (the "Term"). Address of the Landlord: THE CORPORATION OF THE CITY OF One The Esplanade PICKERING Pickering, Ontario L17 6K7. Attention: City Clerk Facsimile: 905-420-7648 Telephone: 905-420-4660 Mayor HST Registration Number: R108078593 Clerk Address of TENANT: PUBLIC MOBILE RETAIL INC. 1920 Yonge Street, Suite 400 Toronto, Ontario M4S 3E2 Attention: Real Estate Department 4of9 127 AT7ACU i:.,. JT 6 CO File: ONPCK0562 r ~~cPT # PD 2(v-11 - TERMS AND CONDITIONS 1. Rental Rate. For the rights granted by the Landlord to TENANT, TENANT shall pay to the Landlord rent in the amount of Twenty Thousand Dollars and Zero Cents ($20,000.00) per annum (the "Rent") plus any applicable provincial sales tax and harmonized sales tax, on or before the Commencement Date for the first year and the anniversary of the Commencement Date for each subsequent year during the Term. Rent, and any other amount payable by TENANT to the Landlord under the terms of this Lease, shall be tendered at the address of the Landlord specified herein, or at such other address as may be duly notified to TENANT by the Landlord. 2. Riuht of Extension. The Lessor hereby grants to TENANT the right to extend the initial term of this Lease for one (1) further and consecutive period often (10) years. Such extension shall take effect automatically and without further notice, unless TENANT gives notice to the Lessor, at least ninety (90) days prior to the end of the current term of this Lease, that it shall not exercise such right of extension. The extension term will be subject to the same terms and conditions as apply during the initial term except that the annual rent in such extension term shall be equal to the fee prevailing in the year immediately preceding the beginning of such extension term, changed by an amount equal to the change in the Canadian Consumer Price Index (all items) in the immediately preceding term. 3. Termination by TENANT. If, at any time during the Term, TENANT determines that operating the Site for the purposes declared herein is or has become commercially impractical, for any reason, TENANT may terminate this Lease without damages or penalty upon sixty (60) days prior written notice to the Landlord. In the event of such termination, the Landlord shall refund to TENANT any rent paid in advance for any period of time subsequent to the effective date of termination. 4. Covenants of TENANT. (a) Safety and Maintenance - TENANT shall install, operate, and maintain its Equipment and the Shelter, in a good, safe and workmanlike manner. (b) Taxes, Rates and Assessments - TENANT will pay as and when due all applicable taxes, rates and assessments, that are levied, charged or assessed with respect to any business carried on by TENANT on or from the Premises including, but without limiting the forgoing, realty taxes. (c) Electricity Charges - TENANT shall pay for the electricity charges attributable to the operation of the Equipment at the Site either by having installed a separately metered electrical service or, in circumstances where the local utility will not install a separate meter, by installing a submeter and paying the Landlord's invoices for electricity based on the submeter readings and the actual tolls of the local utility. The Landlord is responsible. for reading the submeter once every three months and invoicing TENANT accordingly no less frequently than on an annual basis, failing which TENANT may fully discharge its obligation to compensate the Landlord for electricity consumption by tendering payment of a reasonable estimate of the electricity charges for usage in the previous year. No claim may be made for electricity charges with respect to usage not invoiced more than one year in the past. (d) Government Regulation - TENANT shall, at its own expense, at all times ensure that the installation, operation and maintenance of its Equipment, and Shelter, comply with all required laws, directions, rules and regulations of relevant governmental authorities, including all applicable building codes, and Industry Canada and Transport Canada requirements. (e) Removal of Equipment - TENANT shall quit and surrender possession of the Site within ninety (90) days after the expiration or termination of this Lease and shall remove its Equipment and Shelter from the Premises within that time and the premises shall be restored to its original condition, reasonable wear and tear excepted. Tenant shall be required to remove conduits, concrete foundations (to one (1) metre below grade) upon expiration or termination of this Lease. (f) Interference - TENANT covenants that TENANT operation of its radio system(s) shall not cause material interference or degradation of any other signals lawfully transmitted or received within or on or over the Premises. TENANT shall use all reasonable efforts to correct such interference or degradation, where reasonably demonstrated, upon receiving written notice from the Landlord. (g) Insurance - TENANT shall at all times throughout the Term maintain insurance coverage for: (i) All-Risk Property loss covering the full insurable replacement cost of the Equipment and the Shelter without deduction for depreciation and with reasonable deductibles; and (ii) Commercial General Liability in an amount not less than Five Million Dollars ($5,000,000) per occurrence for bodily injury and property damage. The Landlord shall be included as an additional insured in all such policies, but solely with respect to liability arising out of the operations of TENANT at the Premises. At the Landlord's reasonable request, TENANT shall provide a memorandum of insurance confirming that policies as required herein are in force, and shall notify the Landlord of the cancellation of any such policy. Such insurance policy shall provide a waiver of Subrogation, a Severability of interests provision and not be cancelled except on not less than 30 days' written notice to the Landlord. 5. Covenants of the Landlord. (a) Quiet Possession - The Landlord covenants that TENANT shall peaceably and quietly hold and enjoy the Site and its appurtenances, subject to the terns and conditions of this Lease. The Landlord shall not make any change to the Premises and its appurtenances that could adversely affect access to or use of the Site by TENANT at any time throughout the duration of this Lease without the prior written consent of TENANT, which consent may not be unreasonably withheld. (b) Access - The Landlord shall provide to TENANT and its authorized representatives and agents such additional rights of access as are necessary from time to time to construct, install, maintain, repair, replace, reconfigure and operate the Equipment and the Shelter, including but not limited to the right to connect the Equipment to local utilities, to install underground or overhead telephone or power lines in any combination, and to install conduits for fibre or telephone cabling or both of them. 5 of 9 l 128 ATTACCH;.~:AT TO FE=IVRT # pL File: ONPCK0562 (c) Emergency Power - TENANT shall have the right to install and operate an emergency power generator on the Site, including such cabling as may be required to connect the generator to the Equipment, for its own use while public utility service is not available for any reason. TENANT shall pay all costs attributable to such installation and operation. (d) Premises Maintenance - The Landlord hereby agrees to provide not less than thirty (30) days prior written notice to TENANT of any repairs, additions or maintenance (collectively the "Work") to take place at the Premises, which may have an impact on the Shelter or the operation of the Equipment. The Landlord further agrees to meet on-site with TENANT and to make available the contractor(s) involved with the Work, not less than fifteen (15) business days prior to the commencement of the Work to review the Work and the related impact on the Shelter or the Equipment, except in the case of an emergency situation requiring immediate intervention to preserve the structural integrity of the Premises. The Landlord further agrees to make a reasonable effort to inform TENANT as soon as possible of an emergency situation that may have an adverse effect on the Shelter or the Equipment. . (e) Interference - The Landlord may subsequently to this Lease grant rights to third parties to install other or additional telecommunications transmission equipment on the Premises, provided that the operation of such other or additional equipment does not interfere with the operation of the Equipment. The Landlord shall provide TENANT with sixty (60) days written notice of the proposed new installation, and TENANT shall thereafter work with the installer and operator of the new equipment to ensure that the proposed new installation does not interfere with the operation of the Equipment. The Landlord shall, as a condition of the grant of any rights to third parties to install other or additional telecommunications transmission equipment, stipulate that such party must collaborate with TENANT as described above and must refrain from installing and operating any such equipment until TENANT has detemuned; acting reasonably, that no material interference with the operation of the Equipment will result. The Landlord shall include an interference clause substantially the same as this subsection in any instrument used to grant rights to third parties to install other or additional telecommunications equipment on the Premises. The TENANT shall cooperate reasonably with all such third parties. 6. TENANT' Equipment. The Equipment and the Shelter shall remain at all times the personal. and moveable property of TENANT, and not become fixtures, notwithstanding the attachment to any degree or in any manner of any part of the Equipment or the Shelter to the Premises. TENANT shall with written consent have the right to make alterations or improvements or both at the Site at any time during the Term including, but not limited to, the replacement, expansion, reconfiguration or addition of transmission facilities of any kind, towers and/or antenna mounts, equipment shelters and/or additional radio equipment as deemed necessary by TENANT. Notwithstanding anything else contained in this agreement no initial work alteration, improvement, replacement, expansion, reconfiguration or addition on the Site shall commence until the Landlord reviews and approves the plans and issues the Building Permit. 7. Landlord not Liable.. Except for the negligent acts or omissions or the willful and wrongful acts or omissions of the Landlord or the Landlord's employees or those persons authorized by the Landlord to be on the Premises, the Landlord shall not be liable to or indemnify TENANT for any inconvenience to the operations of TENANT at the Site, or damage to the Equipment or the Shelter, or injury to any person occupying the Site. 8. TENANT not Liable. Except for the negligent acts or omissions or the willful and wrongful acts or omissions of TENANT or TENANT's employees and those persons authorized by TENANT to be on the Premises, TENANT shall not be liable to or indemnify the Landlord for any costs incurred or losses or damages or injury suffered by the Landlord. 9. Confidentiality. Intentionally deleted. 10. Default. Either party may at its option and without further liability to the other party terminate this Lease:. (i) upon the material default by such other party in the performance of any of its covenants or obligations under this Lease, if such default is not remedied within thirty (30) days of the party in default receiving written notice of such default, or within such longer period as is reasonable in the circumstances so long as the party in default is diligently moving to implement remedial action; or (ii) subject to the rights granted by TENANT' financing arrangements, as authorized herein, if such other party becomes insolvent, ceases to do business as a going concern, is adjudged a bankrupt or made subject to the appointment of a receiver-manager, makes a general assignment for the benefit of creditors, or takes the benefit of any statute in force for the winding up or liquidation of business enterprises. 11. TENANT' Financine Arraneements. The Landlord acknowledges that TENANT has entered into, and will be entering into, certain financing arrangements which may require an assignment as security or hypothecation of TENANT' rights and obligations under this Lease, or the creation of security interests in the personal or moveable property of TENANT located at the Premises. The Landlord consents to any such assignment as security, hypothecation or grant of security interests, and to any transfers occurring on the enforcement of same. The Landlord shall, at the request of TENANT, acknowledge in writing the foregoing in such form as the relevant financier may reasonably require. For the purposes of this section, TENANT is executing this Lease for itself and as agent for the financiers with whom TENANT may be entering into financing arrangements from time to time as acknowledged herein. 12. Reeistration. Intentionally deleted. 13. Encumbrances. Intentionally deleted. 14. Assienment. Except as otherwise permitted herein, this Lease shall not be assigned by TENANT without the prior written consent of the Landlord, such consent not to be unreasonably withheld or delayed. The Landlord will be considered to be reasonably withholding its consent if it does so on the basis of any of the following factors, as determined by the Landlord: (a) the financial condition of the proposed assignee, or (b) the proposed assignee's lack of expertise or reputation with respect to the operation of equipment similar to the Equipment. The term "assignment" when used herein shall include bankruptcy or change in corporate control of the Tenant as well as seizure, realization or execution against this Lease or the Equipment by any creditor of the Tenant. In the event of a permitted assignment, the assignee shall agree to be bound by the terms of this Lease and the TENANT shall remain liable hereunder. Notwithstanding the foregoing, TENANT may, without consent of the Landlord: (i) assign its rights and obligations under this Lease to any affiliated entity including a partnership; (ii) sublet all or any portion of the Site and its appurtenances to any affiliated entity including a partnership; and (iii) license any portion of the Site and it's appurtenances to a third party, for use as a telecommunications site. Whenever the Landlord's consent is required by virtue of these provisions, such consent is deemed granted if Landlord does not respond within fifteen (15) days to the written request of TENANT for such consent. 6 of 9 12 91 _1 File: ONPCK0562 L- r , UP u PD 15. Successors and Assigns. This Lease shall enure to the benefit of and be binding upon the successors and assigns of the Landlord and the successors and permitted assigns of TENANT, and no assignee or successor of the Landlord shall challenge the validity or enforceability of any provision of this Lease and every assignee or successor of the Landlord shall be bound by all the obligations of the Landlord hereunder. Upon a conveyance or assignment of its interest in the Premises, the Landlord shall provide TENANT with written notice of the identity of the successor or assign and the address at which the rent shall be tendered and notices given pursuant to the conveyance or assignment. 16. Overholding. In the event that TENANT remains in possession of the Site after the expiration of the Term, TENANT shall be deemed to be occupying the Site as a Tenant from month to month at the current monthly rent, or if the rent is payable annually, one twelfth (1/12) of the annual rent. The rent shall thereafter be payable monthly in advance on the first day of each month following the expiration of the Term, with all other rights and obligations of this Lease remaining in force to the extent they may apply to a month to month tenancy, subject to the proviso that neither party may terminate the month to month tenancy except by giving ninety (90) days written notice to the other party. No extension of the Term, nor any new Term, nor any tenancy from year to year will be created by implication of law through overholding. 17. Expropriation. Intentionally deleted. 18. Governing Law and Jurisdiction. The provisions of this Lease shall be governed by and interpreted in accordance with the laws of the province in which the Premises are located. The parties hereby attorn to the exclusive jurisdiction of the courts of that province. 19. Entire Lease; Survey. This Lease cancels and replaces all other agreements between the parties with respect to the Premises. This Lease contains the entire agreement between the Landlord and TENANT with respect to the Premises and expressly excludes all prior representations and discussions, either oral or written, between the parties other than those set forth in this Lease. Each parry acknowledges having obtained adequate explanation of the nature and scope of each of the clauses of this Lease, and having had the opportunity to consult legal counsel with respect thereto. Except as otherwise provided herein, this Lease may not be amended or modified except by written instrument executed by both parties. 20. Facsimile Transmissions, Notices. This Lease may be executed, amended or renewed by either party by facsimile transmission, and receipt of a copy of the document so executing, amending or renewing this Lease shall bind the transmitting party to all the terms and conditions contained therein. Any notice required or authorized by this Lease shall be deemed to have been properly given if by personal. delivery at any place, or by registered mail, courier or facsimile transmission to the address or fax number specified herein or to any other address or fax number duly notified by one parry to the other. 21. Severability. Any provision of this Lease that is determined to be void or unenforceable in whole or in part, shall be deemed unwritten and shall not affect or impair the validity or enforceability of any other provision of this Lease, which shall all remain binding on the parties. 22. Authorization. The Landlord hereby authorizes TENANT for the entire duration of the Term, to use the correspondence attached at Schedule "D" (the "Authorization Letter"), to obtain from any person, corporation or government authority, any information regarding the Premises that TENANT may require for the purposes of exercising its rights under this Lease, and the Landlord agrees to execute the Authorization Letter from time to time as reasonably requested by TENANT for these purposes., 23. Environmental. Landlord represents that it has no knowledge of any substance on the Site that is identified as hazardous, toxic or dangerous in any applicable federal, provincial or local law or regulation. Landlord shall be responsible for any pre-existing contamination of the Site. Landlord and Tenant shall not introduce or use any such substance on the Site in violation of any applicable law. 24. Redevelopment. Notwithstanding any term or provision to the contrary in this Lease, in the event Landlord intends to redevelop, subdivide, rezone, demolish, reconstruct or alter (collectively "Redevelop" or, as a noun, "Redevelopment") the Site or any portion thereof, then, to the extent necessary or convenient in connection with such Redevelopment, Landlord shall have the right, in its sole and absolute discretion, following the fifteenth (15th) anniversary of the Commencement Date, to require Tenant relocate its Equipment to another location on Landlord's Premises upon at least six (6) months prior written notice. In order to continue Tenant's operations from the Premises, Tenant shall have the right to (i) construct, install and maintain temporary facilities in or about the Premises, subject to the terms of the Lease, in such locations as will not interfere with any pre-existing tenants or any Redevelopment of the Premises; or (ii) relocate the Equipment to another portion of the Premises (which may be installed by the Tenant prior to the removal of the pre-existing Equipment to ensure a seamless continuation of the Tenant's telecommunication services at the Property) reasonably acceptable to Tenant and Landlord, similar in area and appropriateness for Tenant's continued operations from the Premises (the "Alternate Site") which will not interfere with the Redevelopment of the Premises. If, in Tenant's reasonable judgment, there is no Alternate Site suitable for the Equipment or Tenant's continued operations from the Premises, Tenant's sole and exclusive right and remedy shall be to terminate this Lease effective upon Landlord's receipt of written notice from Tenant. Within fifteen (15) days of receipt of notice of Landlord's intent to Redevelop the Premises, Tenant shall notify Landlord of its election to either (i) relocate its Equipment to another location on the Premises or (ii) terminate the Lease. Tenant and Landlord shall cooperate in good faith to schedule the relocation at a mutually agreeable time and in a mutually agreeable manner. 7 of 9 t ` ® C i TACI iJT 6 --TO FE;JGP7 # PQ 26-17 File: ONPCK0562 SCHEDULE"A" DESCRIPTION OF PREMISES Real property located in the City of Pickering, in the province of Ontario, known municipally as Part of the Road Allowance Between Lou 20 and 21 Concession 5 and with the following legal description: FIRSTLY ; RDAL BTN LTS 20 & 21 CON 5 PICKERING; SECONDLY PT LT 20.CON 5 PICKERING AS IN PI43448 ; PICKERING 8 of 9 131 A TAC? ,ENT TO RE~'OR E PD (o`ll File: ONPCK0562 SCHEDULE IDENTIFICATION OF SITE NOTE: Plan is not to scale. Boundary lines, easements, servitudes and rights of way identified in the plan are approximations which may be further specified in technical drawings or a survey, to be added as required through Schedule C. Plan is subject to all terms and conditions of the Lease. ~ N Y 13 R t i p~dl gy9 yPydp.p p€p.° 3(I O { ~~p} t! a ~d ~ P fl ! I { y # p i ~EI13~ b¢ioz 5~ b {i Rx tf F 1 € e Ay C U, 11 ""i @ Ili g l p I. #61~ K _,,j1 o~~Eg~ lig ~ !g 1#d I= E#i ~~lsfe: his s `p~~ ~I' 1 IJ F4u~ r y ~I ha - i I I' ; t. D i I I; t 1P, ' ~ .anm'YI' i ; I ~ L . # 77 ~ 8, ~ 1 I ~ ga ! y ~ I ~ P 7 t tf~'' of @K' €g l 4 'f r `Deb yG3k 59~°4g. ~i~ff a _N..l p ldz ~ 54q~ t y i f ~l ~I' 1'. ~ t { t Q esirVT~V TIC IV 9 a! is 41 # !i IF ti€ ¢ x #~~t ' 3ti~l (1 YN°a b 9 of 9 132 AIZACKh i;JT l/g TO File: ONPCK0562 SCHEDULE "C" TECHNICAL DRAWINGS OR SURVEY OF PREMISES AND SITE NOTE: Technical drawings and surveys are subject to all terms and conditions of the Lease. 11-his page initial.[) left blank inlention.1 I 4 r 10 of 9 [C 4 , 1 3 3 ATTACri,,'-'IT TO File: ONPCK0562 P'-P'01~7 # PD- SCHEDULE "D" AUTHORIZATION LETTER I FROM: THE CORPORATION OF THE CITY OF PICKERING One The Esplanade Pickering, Ontario L17 6K7 TO WHOM IT MAY CONCERN: Re: FIRSTLY ; RDAL BTN LTS 20 & 21 CON 5 PICKERING; SECONDLY PT LT 20 CON 5 PICKERING AS IN P143448; PICKERING Site: ONONPCK562 We/I, The Corporation of The City of Pickering, the owners of the above mentioned property, hereby give PUBLIC MOBILE RETAIL INC. (TENANT) and its agents permission to act as our agent to acquire the necessary permits, drawings and/or buildings structural blue-prints, hydro information from the public. utility and information from the municipality or other authorities concerned, needed to approve the construction of the telecommunications site at the address indicated above and as shown on the attached plans. i Sincerely, I Mayor Clerk I 1 of 9