HomeMy WebLinkAboutOES 18-07
Citq o~
REPORT TO
Executive Committee
Resolution No. 113/07
Dated May 22, 2007
Report Number: OES 18-07
Date: May 14, 2007
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From:
Everett Buntsma
Director, Operations & Emergency Services
Subject:
Amendment to Lease Agreement
- TELUS Communication Site ON 1256
- Sideline 24 North of Highway 407
- File: A-2130
Recommendation:
1. That Report OES 18-07 of the Director, Operations & Emergency Services
regarding an amendment to the Lease Agreement for a TELUS communication
site in the City of Pickering be received; and
2. That the Mayor and Clerk be authorized to execute the Amending Agreement in
a form satisfactory to the City Solicitor and the Director, Corporate Services &
Treasurer with TM Mobile Inc. (TELUS) to allow TELUS to expand the area of
the compound and install an additional shelter on the existing communication
site.
Executive Summary: City of Pickering Council passed Resolution #104/03 Item #2
at the Council Meeting of June 23, 2003 authorizing the execution of a Lease
Agreement with TELUS for occupation of a remnant piece of road allowance (Sideline
24) for a communication compound including the installation and maintenance of
communication equipment. TELUS has approached the City and are requesting an
expansion to the compound area in order to install a second equipment shelter.
Financial Implications: Currently, TELUS pays an annual lease rate of $6000 plus
any taxes that are levied, charged or assessed upon the lands. The initial term is five
years and ends on August 31,2008 with options to extend.
TELUS has indicated a willingness to pay an additional $2000 annually for the
extension to the communication compound area, through an amending agreement.
Report OES 18-07
May 14,2007
Subject: Amendment to Lease Agreement
TELUS Communication Site ON 1256
r, . ~ Sideline 24 North of Highway 407
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Page 2
Sustainability Implications: The expansion to the existing site has less impact on
the natural environment than the creation of a new site. Investment in TELUS's existing
infrastructure increases the life cycle of the infrastructure similar to the City investing in
improvements or rehabilitation to its infrastructure.
Background: TM Mobile Inc. (TELUS) is the provider of communication service
for the Durham Regional Police Services. In 2003, TELUS requested and was granted
authority to enter into a lease agreement with the City of Pickering to construct a
communication compound to house an equipment shelter and a communication tower.
This new site was required to maintain and enhance communication service in the area.
TELUS pays the City of Pickering $6000 annually for occupation of the land which is
within the old alignment of Sideline 24 north of Highway 407. The City's Corporate
Services Department has advised that their annual payments are in good standing.
TELUS now requires additional space of 77.0M2 to expand the compound to construct
another equipment shelter (approximately 3.4M x 4.6M), in order to add capacity to their
IDEN service in the area which includes the Durham Regional Police Services.
Staff have reviewed the existing site and concur that an expansion to the compound
can be achieved in accordance with the site plan provided by TELUS.
TELUS has provided a draft amending agreement that has been reviewed by the City
Solicitor. Should Council agree to enter into an amending agreement, the terms of the
agreement will be finalized to the satisfaction of the City Solicitor, the Director,
Corporate Services & Treasurer, and TM Mobile Inc. (TELUS). The amending
agreement will have an annual lease rate of $2000, which is in addition to the annual
lease rate of $6000 for the original lease agreement.
Attachments:
1. Location Map
2. Draft Amending Agreement
CORP0227-07/01 revised
Report DES 18-07
May 14, 2007
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Subject: Amendment to Lease Agreement
TELUS Communication Site ON 1256
Sideline 24 North of Highway 407
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Page 3
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R~ ard W. Iborn, P. Eng.
Division Head
Municipal Property & Engineering
Everet
Director
Operations & Emergency Services
Prepared By:
RH:ds
Attachments
Copy: Chief Administrative Officer
Director, Corporate Services & Treasurer
Director, Planning & Development
City Clerk
City Solicitor
Recommended for the consideration of
Pickering Ci~ ouncil
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CORP0227-07/01 revised
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HIGHWAY 7
EXISTING
TELUS TOWER
SITE
HIGHWAY
ORIGINAL
ROAD
ALIGNMENT
OPERA nONS & EMERGENCY I
SERVICES DEPARTMENT
MUNICIPAL PROPERTY &
ENGINEERING DIVISION
SCALE: DIllE:
1:10000 APRIL 25/2007
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407
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ATTACHMENT FOR OPERATIONS
& EMERGENCY SERVICES REPORT
PROPOSED EXPANSION OF COMMUNICATIONS TOWER SITE
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'L REPORTtt DES Ig-07
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AMENDMENT TO SITE LEASE ON 1256
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THIS AMENDING AGREEMENT is made as of the 16thday of February, 2007.
BET WEE N: CITY OF PICKERING
("Lessor")
- and -
TM MOBILE INC.
("TELUS mobility")
BACKGROUND:
A) the parties entered into a site lease as of the 29th day of January 2003 (the "Lease");
and
B) the parties wish to amend the Lease as provided herein.
AGREEMENT:
NOW THEREFORE, in consideration of the mutual promises set out in this amending
agreement and for other valuable consideration, the receipt and sufficiency of which are
acknowledged by each party to this amending agreement, the parties hereto agree as
follows:
1. Amendment of Section 1:
The following sentences are inserted at the end of Section 1 of the Lease:
"In addition to the aforementioned rental rate (the "Original Rental Rate"); TELUS
mobility will pay to the Lessor a further sum of Two Thousand dollars
($2000.00) per annum (the "Additional Rental Rate") plus applicable provincial
sales tax and goods and services tax, effective the 01 day of May, 2007. The
Additional Rental Rate is payable to the Lessor by TELUS Mobility for the
expansion of the compound (the "Expanded Area") as shown on Schedule "B1"
attached hereto." TELUS will pay the pro rated amount of Two Thousand six
hundred and sixty seven dollars and sixty seven cents ($2,667.67) for the
amendment until August 31, 2008. The amendment will become part of the
Lease on September 01, 2008.
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2. Delete Schedule "B" and Insert Schedule "B 01".
3. Delete Schedule "c" the Survey and Insert Schedule "c" the Revised Survey
4. EXCEPT TO THE EXTENT expressly amended hereby, the Lease shall remain in full
force and effect in accordance with its terms.
IN WITNESS WHEREOF the parties hereto have executed this Amending Agreement as of
the date first above written.
TM MOBILE INC.
By:
James Kennedy
CITY OF PICKERING
By:
Name:
Title:
By:
Name:
Title:
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Telus proposed new location of 11' x 15'
Shelter. Need to extend compound.
Existing Telus compound,
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Road all wance between
Lo 24 and 25
C ncession 5
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Existing Empty Lot
Existing Entrance
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Existing Field
Highway 7
Site description and Sketch: Hwy 7 and 24th Sideline ~TELUS
24th Sideline
City of Pickering, ON mobility"
Notes: Plan not to scale. Antenna mount locations are "proposed only",locations are Schedule 8- 01
subject to change. ON1256
Notwithstanding any antenna mounts currently shown (or not shown),
Lease allows for modification, addition or reconfiguration. Drawn By: TC
Easements identified in the sketch are approximations to be confirmed on a Date Created: Feb 19,2007
survey. InitialsIJ-'