HomeMy WebLinkAboutPD 21-09
7 5
REPORT TO
-City °0 PLANNING & DEVELOPMENT
COMMITTEE
Report Number: PD 21-09
Date: July 6, 2009
From: Neil Carroll
Director,. Planning & Development
Subject: Proposed Rogers Wireless Cell Towner Installation and Land Lease
Sideline 34, Between Regional Road 27 (Whitevale Road) and Highway 407
City of Pickering
Recommendation:
1. That Report 21-09 of the Director, Planning & Development, requested by City
Council through Correspondence CORR 29-09, be received;
2. That a By-law be enacted to authorize the Mayor and the Clerk to execute a
Lease Agreement with Rogers Wireless ("Rogers"), substantially on the terms set
out in this Report, in a form satisfactory to the City Solicitor and the Director,
Corporate Services & Treasurer and Rogers Wireless for those lands consisting
of part of the road allowance between Lots 34 and 35, Concession 5 (Sideline 34,
north of Regional Road 27 (Whitevale Road)), for the purposes of installing and
maintaining communications equipment; and,
3. Further, that the Director, Planning & Development. be authorized to provide
Industry Canada with a letter of support for this cell tower installation, on
Sideline 34 between Regional Road 27 (Whitevale Road) and Highway 407,
following the execution of the lease agreement.
Executive Summary:
Rogers wishes to enter into a lease agreement with the City of Pickering to construct a
40 metre (131 feet) monopole cell tower on the unopened road allowance known as,
l
Sideline 34. Rogers is proposing an initial lease ;term of five years with three renewal
periods of five years each, for a potential twenty year lease period. City staff are
supportive of the terms and remuneration contained in the proposed lease as it is
consistent with a recent lease for another cell tower installation in the City.
The proposed location was selected with sensitivity to the Whitevale Heritage District.
The City land proposed to be leased is not anticipated to be required for municipal
purposes during the proposed term of lease.
Report PD 21-09 July 6, 2009
Subject: Proposed Rogers Wireless Cell Tower Page 2
Installation and Land Lease 76
Financial Implications:
Rogers has offered to pay the City an annual rate of $20,000.00 plus GST, with Canada
Consumer Price Index adjustments, for each of the five years of the term of the lease
with three renewals periods of five years each.
Sustainability Implications:
Enhancement to the Rogers wireless coverage at this location will improve business
and community communication capability.
1.0 Background
1.1. Rogers Wireless Service Requires Enhancement
Rogers Wireless submitted a letter to the City Clerk dated March 13, 2009
outlining its proposal to build and expand its infrastructure to satisfy growing
demand for reliable wireless service (see Attachment #1). Rogers advises that
the vicinity of Highway 407 and the York-Qurham Line is currently an area of
poor wireless coverage for the Rogers' network.
In order to improve wireless coverage, Rogers proposes to construct a monopole
structure having a height of 40 metres, on the unopened road allowance known
as Sideline 34, north of Regional Road 27 (Whitevale Road). Radio equipment is
proposed to be housed in a shelter measuring approximately 3.0 metres by 4.9
metres at the base of the tower. The pole and shelter are proposed to be located
in a fenced compound measuring approximately 16.5 metres by 18.0 metres (see
Attachments #2 & #3). This installation is similar to the cell tower installation
(Telus) located at Sideline 24 and Highway 407.
Rogers has explored opportunities to co-locate the proposed equipment on
existing towers in the area but have determined that there are no existing
structures in the immediate area that could be utilized to meet the criteria for the
Rogers network.
1.2 Site was selected with sensitivity to Wh~tevale Heritage District
During preconsultation with Rogers, it was clear that the required coverage area
for the proposed tower would place it in close proximity to the Hamlet of
Whitevale. It was impressed upon Rogers that the final location of this structure
must be sensitive to the Whitevale Heritage District and be located in a manner
to minimize its visual impact.
i
Report PD 21-09 July 6, 2009
Subject: Proposed Rogers Wireless Cell Tower Paige 3
Installation and Land Lease
77
Rogers responded to this concern by siting the proposed installation 600 metres
north of Regional Road 27 (Whitevale Road) on the unopened road allowance
known as Sideline 34. This location minimizes the visual impact of the cell tower
on the Hamlet of Whitevale and surrounding area (see Attachment #2). Rogers
provided photo simulations of the proposed installation from various angles to
illustrate the limited exposure this installation would have on the Whitevale
Heritage District. Copies of these photo simulations and letter were previously
forwarded to Mayor and City Council, as Council Correspondence (CORR 29-09),
which was referred to the Director Planning & Development for report. Copies of
the photo simulations are available for viewing in the Planning & Development
Department.
1.3 Use of Sideline 34 for Municipal Road purposes is not anticipated for the
term of the lease
The unopened road allowance known as Sideline 34 (between Regional Road 27
(Whitevale Road) and Highway 407) is not in use beyond an access for
agricultural uses. Rogers will be required to construct an access road
600 metres north from Regional Road 27 (Whitevale Road) for installation and
maintenance of the proposed tower and compound. This access road will be
gated at the compound.
City staff have confirmed that improvements to Sideline 34 to a municipal
standard is not being proposed or recommended during the term of the lease.
The improvements to the unopened road allowance will consist of a gravel road
only to the extent necessary to accommodate vehicles required to service the cell
tower installation and will not impact the existing agricultural access.
The lands proposed to accommodate the installation are designated "Protected
Countryside" in the Provincial Greenbelt Plan. Consequently, Sideline 34 is not
required to service urban development. However this designation permits the
establishment of infrastructure serving national, provincial and inter-regional
needs provided the planning, design and construction practices minimize the
negative impacts and disturbance of the a isting landscape. The lands are
located outside the Natural Heritage Syst:m. Through staffs review of the
detailed compound proposed layout, any disturbance to existing vegetation on
the unopened road allowance will be minimized.
1.4 Public notification requirement for Cell Towers
Planning & Development Department staff are currently in the process of
developing a protocol respecting the installation of antenna facilities for City
Council's consideration. In the absence of a City protocol the Land Use
Consultation Process defaults to Industry Canada's Spectrum Management and
Telecommunications CPC (Client Procedures Circular) 2-0-03 Issue 4.
Report PD. 21-09 July 6, 2009
Subject: Proposed Rogers Wireless Cell Tower Page 4
Installation and Land Lease
78
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. Industry Canada also requires proponents of antenna
supporting structures greater than 30 metres in height, to place a notice in a local
community newspaper circulating in the proposed area.
Based on the proposed 40 metre tower height, the proposed installation would
require notification to three adjoining property owners. Rogers, at the request of
City staff, copied the Whitevale and District Residents Association in the proposal
letter it sent to the City Clerk dated March 13, 2009, extending the notification
requirements beyond the mandated radius. Peter Rodrigues, on behalf of the
Whitevale and District Resident Association, has expressed opposition to the
installation due to the impact on the heritage district.
Rogers has confirmed that it has not initiated public consultation beyond that
described above. Rogers indicated that they typically do not commence their
formal public notification process until they have an agreement with the
landowner (City).
1.5 Staff Support the Proposed Terms of the Lease
Rogers has forwarded a draft of the proposed lease for review. Rogers has
offered to pay the City an annual rate of $20,000.00 plus GST, with Canada
Consumer Price Index adjustments, for each of the five years of the term of the
lease with three renewals periods of five years each. A copy of the draft lease is
attached to this report (see Attachment #4).
The proposed terms, conditions and remuneration contained in the proposed
lease are consistent with a recent lease with Telus Mobility for a similar
installation, at Highway 407 and Sideline 24, which was approved by City Council
earlier this year (2009).
The proposed lease has been reviewed by Planning & Development staff, and
the Division Head, Municipal Property & Engineering whom concur with the terms
and conditions. Therefore it is appropriate to enact a by-law to execute the
lease.
Attachments:
1. Letter from Rogers Wireless, dated March 13, 2009
2. Location Map
3. Proposed Site Plan
4. Draft Lease Agreement
Report PD 21-09 July 6, 2009
Subject: Proposed Rogers Wireless Cell Tower Page 5
79 Installation and Land Lease
Prepa Approved/Endorsed By:
Tyl ett Neil Carro
Senior Planner - Site Planning Director, Planning & Development
Lynda Tayl Andrew C. Allison
Manager, Development Review City Solicitor
TB:ld
Copy: Chief Administrative Officer
(Acting) Chief Administrative Officer
Director, Corporate Services & Treasurer
Recommended for the consideration
of Pickering City C uncil
T a J. Quinn, R
ic, M
Chief Administrative er
i
ATTACHMENT # M
REPORT # PD---Z).-0'7
0 R®G E RS" Rogers Wireless Partnership
8200 Dixie Road p 0
Brampton, Ontario L6T OC1 80
March 13, 2009 "V
rVED
City of Pickering E+ E I
w~iarys M
Pickering Civic Complex MAR 1 8 ?009
One The Esplanade
Pickering, ON LIV 6K7 CITY OF PICKERING
P NNING AND
DEVELO MENT DEPARTMENT
Attention: Debi Wilcox - Clerk
Re: Proposed Rogers Communications Ind. Installation - Road Allowance
Between Lots 34 and 35. Concession 5'
Dear Ms. Wilcox:
I would like to outline in this letter a proposal by Rogers Communications to install a
wireless communications site on City owned land. It would be greatly appreciated if you
would kindly ensure that this request is circulated to the appropriate City officials in order
that Rogers can receive a formal response from the City. I have also enclosed a copy of
our proposed site plan and photo simulations showing the proposed installation.
Purpose of Rogers Proposed Telecommunicatiog Installation
Rogers is proposing to build and expand tho necessary infrastructure to satisfy the
enormous and growing demand for high quality„ reliable wireless service. The vicinity of
Highway 407 and the York Durham Line is known to be an area of poor wireless
coverage for Rogers' network.
In order to improve Rogers' wireless service to the aforementioned vicinity, a new
antenna site is required.
Rogers Site Requirements - - 4 1
iS' IJ CArE'p-0,1-1...
A monopole structure measuring 40 metres in height is require for-Rogers to meet its
wireless coverage objectives. Radio equipment is proposed tot e ouse m
measuring approximately 3 metres x 4.9 metres at the base of &-to-w-F -M- vela-ate
shelter are located in a fenced compound measuring approxinY 16.5 metres x 18 1
metres. 3 ux -r s rr~
FILE rY'iA -H ~ ~ 3
a.DTION
WIRELESS CABLE TV • INTERNET HTME PHONE RETAIL • PUBLISHING • BROADCASTING
ATTACHMENT # TO
RENORT # 11, 21 -Iff
ROG ERS"
81
Site Selection Process
The selection of a wireless telecommunications site works similar to fitting a piece into a
puzzle. In this case, the puzzle is a complex radio network, situated in a rural setting.
Client demand, radio frequency, engineering principles, local topography and land use
opportunities work in concert with one another to direct the location of our sites. To
achieve a reliable wireless network, Rogers tries to provide a seamless signal to alleviate
gaps in coverage and capacity. It is gaps in Coverage that are responsible for dropped
calls and unavailable service to clients.
Once an area is identified as potentially meeting all of the above criteria, the surrounding
neighbourhood is reviewed for existing structures that Rogers can utilize. for the
placement of its equipment and antennas. Gencrally, this includes multi-storey buildings
and towers owned by other wireless carriers that can support our antennas. Within the
search area identified as meeting the criteria for Rogers' network, there are no existing
structures which could be utilized.
In the course of attempting to secure a site for Rogers, it was found that the City of
Pickering has an unutilized road allowance that is located within Rogers' search
parameters. This is the Road Allowance between Lots 34 and 35, Concession 5 (east of
York Durham Line and north of Whitevale Road.) Rogers has approached City staff with
a proposal to lease a portion of this unused road allowance for our communication site for
ten years with two renewals periods of five years each.
Rogers wasinformed by City of Pickering staff that the Hamlet of Whitevale (located
over 1 kilometre to the East of the proposed site; location) is a Heritage District. Meetings
were held with staff from the Planning & Development, Municipal Property &
Engineering and, Legal Services departments in attendance in order to discuss the
proposal. It was impressed upon Rogers that this is a sensitive area. Rogers has therefore
made efforts to mitigate the visual impact of the proposed site while, still providing
improvement to the local wireless service.
Ideally, the best location for the site would have been close to Whitevale Rd., thereby
limiting the costs associated with - constructing road access and the installation of
electrical supply. Given the input and advice from City staff during the meetings which
were held, the location of the site has been pushed 600 metres north of Whitevale Rd. to
reduce the impact on the Hamlet of Whitevale and surrounding areas.
A study was undertaken and photo simulations ;were prepared that illustrate the tower, at
this location, will not be visible from within the Hamlet of Whitevale. The Photo
letter.
Simulation package forms part of this
ATTACHMENT # TO
0 ROGERS" RENOR7 # PD Of- O
Land Use Consultation Process
Wireless facilities are exclusively regulated by the Federal Government and as a result are
not required to obtain municipal permits of any kind.
It is my understanding that the City of Pickering is in the process of developing policies
and protocols respecting the installation of cell tower facilities in accordance with
Industry Canada's recommendation. In the absence of such policy the Land Use
Consultation Process defaults to Industry , Canada's Spectrum Management and
Telecommunications CPC (Client Procedures Circular) 2-0-03 Issue 4,
http•//www is 2c ca/eic/site/smt-gst.nsf/eno/sfO4777.html a copy, of which has been
provided as part of this proposal letter package.
Within this Industry. Canada document, the process for public consultation and
notification is outlined. It is noted that proponents must provide a notification package to
the local public within a radius of three times the tower height, measured from the tower
base or the outside perimeter of the supporting structure.
In the case of Rogers proposed installation, this would preclude notice beyond the two
adjoining property owners. By copying the Whitevale and District Residents Association
in this proposal letter, Rogers is extending the notification significantly beyond the
mandated radius.
Conclusion
This proposal gives way to a positive opportunity for the City of Pickering. Rogers'
proposed installation will provide industry leading 3.5G wireless voice and data service to
the area surrounding York Durham Line and, Highway 407 including the Hamlet of
Whitevale. In addition, the City of Pickering will receive revenue for the leased land
which is otherwise not being utilized.
Rogers has agreed to move the tower location significantly north of Whitevale Rd.
thereby, limiting the impact that the site would, have on the Whitevale Heritage District.
Photo simulations have been prepared that demonstrate the effectiveness of the selected
location.
Rogers believes that the location will have minimal impact on the neighbourhood while
providing improved service to the surrounding area due to the elevation, interactions with
the existing wireless network, and line-of-site requirements.
ATTACHMENT # TO
REPORT # PO '
OROGERS'
83
Rogers looks forward to working with the City of Pickering to ensure that its real estate
and land use processes are respected. Rogers looks forward to receiving the City's
comments in the very near future.
Yours truly,
ROGERS COMMUNICATIONS INC.
Terri D. Daniels
New Site Development
Network Implementation
Tel (647) 747-4909
Cell (416) 567-3467
Fax (647) 747-4600
terri.danicls,c rci.ro erg s.eom
cc. Whitevale & District Residents Association
L
ATTACHMENT # 2 TO
REPORI # PD '09 84
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City of Pickering Planning & Development Department
PROPERTY DESCRIPTION PART OF ROAD ALLOWANCE BETWEEN LOTS 34 AND 35, CONCESSION 5
OWNER CITY OF PICKERING DATE APR. 30, 2009 DRAWN BY JB
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FILE No. ROGERS WIRELESS CELLULAR INSTALLATION SCALE 1:10000 CHECKED BY DB N
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ATTACHMENT # TO
REPURT # PD Ll 19
8 5 INFORMATION COMPILED FROM APPLICANTS
SUBMITTED PLAN
CELLULAR TOWER! INSTALLATION
(SIDELINE 34 & WHITEVALE ROAD)
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THIS MAP WAS PRODUCED BY THE CITY OF'IPICKERING PLANNING &
DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES
DIVISION MAPPING AND DESIGN, MAY 26.2009.
TELECOMMUNICATIONS SrrE AGREEMENT ATTACHMENT # TO
Site (legally described on Schedule "A'): Road Allows= sham Lots 34 d 35 Location Code: C3278 REPORT # PD
Concession 5
19. HAZARDOUS SUBSTANCES: Landlord represents that it has no knowledge
THIS AGREEMENT made this _ day of - 2009. of any substance on the Site that is identified as hazardous, toxic or dangerous in Q L
soy applicable federal, provincial or local law or regulation. Landlord shall $c 86
1. IN CONSIDERATION of $2.00, the receipt of which Landlord responsible for any preexisting contamination of the Site. Landlord and Tenant
acknowledges, Landlord leases to Tenant the premises and access rights shown on sisill not introduce or use any such substance on the Site in violation of'siny
Schedule "B" at the Site described above in follows: applicable law.
(check appropriambox(es))
P. MISCELLANEOUS: -
® Land comprised of approximately 297 square metres (4) Tenant upon paying the rent shall have quiet possession of the premises.. .
❑ Building interior space of approximately square Landlord shall not cause interference or permit others to interfere with or impair
the quality of the telecommunications services being rendered by Tenant from the
❑ Building exterior space for attachment of antennas
Site. Landlord shall c=ure that other carriers granted space on the Site co-
Building interior space for attachment of antennas ordinate site access and antenna placement with Tenant through Tenant's standard
❑ Space required for cables and wires collocation procedures and conditions to ensure there is no interference or
❑ Rooftop space impartment and Tenants quiet possession of the premises is protected. Tenant
slWl have 24 hours a day, 7 day a week access to the premises subject to
® Access road to be constructed by Tenant Landlords reasonable security requirements and access cards and/or keys provided
❑ Space for generator and/or connector boxes by Landlord at Tenant's expense.
® More particularly described in Schedule "B"
(b) Prior to initial installation, Tenant shall supply Landlord with plans and/or
together, with the nonexclusive right of unrestricted access thereto and sorveys as applicable (collectively the "plans'), which plans shall become
connections to the appropriate utilities, fibre optic and telephone facilities ("access schedules and form part of this agreement. Tenantb plans for changes to the
rights'). 'telleeommuniatian facilities shall also become schedules and form part of this
agreement. Landlord shall, at Tenants expense, assist and cooperate with Tenant _
2. TERM of 5 years beginning on October 1, 2009 ("Commencement Date'). in obtaining governmental approvals for Tenants permitted uses. Landlord shall
r Jamism and Tenant shall use the Site in compliance with all applicable laws, by-
3. REM shall be paid annually in advance in the amount of Twenty lows, rules and regulations of the appropriate jurisdictions pertaining to the
Thousand Dollars($20,000.00) plus any amount for value added tax, provincial eavnonment, health, welfare and occupational safety.
sales tax, federal goods and services tax, harnom ed tax, or any other tax payable
in relation to the. rent ('Taxer), if applicable, starting on the first day of the (e) Landlord and/or its agent represents and wa=nts that it has full authority
month following the beginning of oonstmction ("Rent Start Dow"). For any period to enter into and sign this agreement and bind landlord accordingly.
prior to the Rent Start Date, Tenant shall pay landlord monthly the sum of One
Hundred Dollars (5100.00) plus Taxes. Landlord confirms that its GST Number (d) This agreement contains all agreements, promises and understandings
is 8108078593, and acknowledges that payment of rent is contingent upon such between Landlord and Tenant. All fissure plans shall become schedules and farm
number being accurate and correct. Commercial malty taxes attributed directly to Port of this agreement.
the premises shall be payable by the Tenant
(q) The terms and conditions of this agreement shall extend to and bind the
4. EXTENSION of the initial term of this agreement is hereby granted to heirs, representatives, successors and assigns of landlord and Tenant.
Tenant for 3 additional 5 year extension periods unless Tenant provides landlord
written notice of its intention not to extend at last 60 days prior to the expiration (A Landlord shall permit Tenant or its contractors full access to the Site and
of the then current tern. premises, in advance, for the purpose of satisfying itself; at its own expense, as to
the appropriate conditions for the intended tau of the premises, provided Tenant
shill repair any damage caused by any tests or inspections.
arbinu+ea-Isgislation.
(S) If Tenant remains in possession at end of term(s), Tenant shall be a
Rest for the extension period shall be the changes to the Canadtao Cowaser mommy temant at the then curers rat
Price Index ("CPI') for each of the years since the beginning date of the
preceding term. The CP1 Increases will be compounded aonaally. The rat (h) This agreement shall be governed by the laws of the province in which the
for tub extension term will not be less than the rest for the preceding term. She is located. Invalid provisions are severable and do not impair the validity of
the balance of this agreement. Landlord agrees to keep this agreement and its
5. USE of the premises and access and utility rights by Tenant shall be for the tgrms strictly confidential and not disclose them unless compelled by law.
purpose of installing, removing, replacing, relocating, maintaining, supplementing
and operating, at its sole expense, telecommunications facilities and equipment for If. ADDITIONAL PROVISIONS: Sec Schedule C attached, if applicable.
the provision of telecommunication services. Where applicable, Tenant may Landlord
connect its equipment and provide telecommunication services by wireless, cables and/or wires to the equipment of other occupants at the Site. The Corporation of the City of Pickering
Pickering Civic Comply
6. UTILITIES required for the operation of the telecommunications facilities One The Esplanade
shall be the sole responsibility of Team, and electrical consumption shall be Pickering, ON Ll V 6K7 Facsimile No. (905)
determined by: (check appropriarebox(er)) Attention: -
❑ included in rent or not applicable Ppr
• ® separate meter with direct invoices from local utility, if available, e:
❑ check meter installed by Tenant, with invoices from landlord based on Ittle:
meet readings and Tenant's share of Landlord's electrical bill
I/M1Ve have
7. EQUIPMENT, towers, poles, fencing, shelters, cabinets, pedestals,
antem is and mounts shall remain the personal property of Tenant and shall be Tenant
removed by Tenant upon expiration or termination of this agreement and the Rogers Communi Inc.
premises shall be rtes=red to its original condition, reasonable wear and tar clo Rogers Real Estate Services
excepted Tenant shall be required to remove conduits, concrete foundations (to a 9ne Mount Pleasant Rd
level 1 metre below gmde) or roofpiers at the end ofthe term. Toronto, Ontario -
M4Y 2Y5 Facsimile No. (416) 935-3154
8. NOTICES shall be in writing and new by mail, postage prepaid, deemed Alnention: Manager, Real FataowOntano
received 3 days after mailing or by faaimiic ream nission, deemed received an
date transmitted, to the address or facsimile number of the party act frsth below. For
Now. Sherrie Barns
9. ASSIGNMENT of this agreement by Tenant may be made to any corporate Tide: Manager, Real Fabu[lourio
affiliate(s), principal lenders or a purchaser of par or all of Tem mes assets. All
other assignments require Landlords consent, acting reasonably. Tenant may I Nave authority to bind the Corporation.
permit use of all or any portion of the premises and access rights by others for
telecommunications purposes.
10. TERMINATION of this agreement may be exercised by Tenant at any time
on 30 days 'notice without flirther liability if Tema cannot obtain all necessary
rights, postponenunow and approvals required from its senior management, any
governmental authority and/or any third party to operate the telecommunications
facility on conditions satisfactory to Tenant, or if any such right or approval
expires, or is cancelled or terminated, of if for any other reason (e.g., interference
with Tenants signals, damage or destruction, site decommissioning) Tenant
determines, in its discretion, that it will no longer use the premises or access rights
. for its intended purpose. Upon termination, all prepaid rent shall be adjusted to the
date of termination. If Tenant defaults under this agreement and such default is not
being diligently remedied within 30 days after notice (force majeure excepted),
Landlord may terminate this agreement on 30 days' written notice.
11. INDEMNITY: Tenant and Landlord indemnify and hold the other harmless
against any and all can (including legal cats) and loss to person or property
which arise one of the unlawfd or negligent use and/or occupancy of the premises
by such indemnifying party. Tenant shall maintain during the term and any public
liability and property damage insurance coverage of not less than 52,000,000 and
upon notice Landlord shall be added as an additional insured and provided with
evidence ofcoverage.
Ont- TSA - Rev 19-July 21,2 a
ATTACHMENT # TO
SCHEDULE "A" REPORT # PD Z 09
LEGAL DESCRIPTION OF LANDLORD'S LANDS ("SITE")
87
Site: C-3278 - Hwy 7 Q Locust Hill
Road Allowance (East Side 30 VAdtevale Road), Pickering, Ontario
Property Identifier: 26386-0078 (LT)
Road Allowance between Lots 34 and 35 Concession 5; City of Pickering; Regional Municipality of Durham, The Land
Titles Division for the Durham Land Registry Office (No. 40)
III
j
Ont -1SA - Rev 18 -July 21,
ATTACHMENT #
SCHEDULE "B"
REPORT # PD 07-TO
DESCRIPTION OF PROUSES
pncluftg accm r t m)
88
Ont-JU-Re 18-July 21,2pO8
i
ATTACHMENT 01 TO
REPORT # PD
sCII]MUIX
87 ^ ADDITIONAL VROVISIONS
At any time following the tenth anniversary of the c cement Date, Landlord, upon no less than 365
days' written notice to Tenant (the "Notice Period") of i intention to carry out further development of
the Site and which development would, in the reasonable opinion of Landlord, be inhibited or made
substantially more expensive by reason of the existence of this agreement, shall have the right to
terminate this agreement and such termination shall be effective on the expiration of the Notice Period.
All rent or other charges paid by Tenant under the terms of this agreement shall be apportioned to the
termination date. Notwithstanding the foregoing, Landlord shall provide Tenant a reasonable
opportunity during the Notice Period to propose alternative locations for the re-location of Tenant's
equipment on the Site and upon the granting of such approval, Landlord shall enter into an agreement
with Tenant on the same terms and conditions contained,in this agreement (subject to variances created
by the development of the Site) for the unexpired portion of the term or extension term(s) pursuant to this
agreement.
DRAFf
Ont-M-Rev 18-July 21, 20 8