HomeMy WebLinkAboutPD 24-10
cis Report To
Planning & Development
PICKERING Committee
ReportNumber: PD 24-10
Date: July 5, 2010 97
From: Neil Carroll
Director, Planning & Development
Subject: Proposed Wireless Cell Tower Installation
TM Mobile Inc. (Telus)
Lease of City lands located on unopened Road Allowance - Sideline 16
(North side of Old Taunton Road, East of Brock Road)
Duffin Heights Neighbourhood
City of Pickering
Recommendation:
1. That Report PD 24-10 of the Director, Planning & Development be received;
2. That the Mayor and the Clerk be authorized to execute a lease agreement with
TM Mobile Inc. (Telus) substantially on the terms set out in this Report, and to
the satisfaction of the Director, Corporate Services & Treasurer and the Solicitor
for the City;
3. That the Director, Planning & Development be authorized to provide Industry
Canada with a letter-of support for this Cell Tower installation, located on
unopened road allowance (Sideline16) on the north side of Old Taunton Road,
east of Brock Road, following execution of a lease agreement; and,
4. Further, that the appropriate officials of the City of Pickering be authorized to give
effect thereto.
Executive Summary: TM Mobile Inc. (Telus) currently provides cellular
communication service from an existing 60 metre high cell tower located at 1755 Old
Taunton "Road (William Jackson Drive). City Council supported the installation of the
tower in 1999 with a condition that Telus enter into an agreement with the City
respecting the removal of the tower at such time as the subject lands are proposed for
redevelopment.
The lands supporting the existing tower are now contained within the Lebovic draft plan
of subdivision within the Duffin Heights Neighbourhood, recently approved by the
Ontario Municipal Board for residential development. Consequently, it is necessary that
the existing facility be removed.
Report PD 24-10 July 5, 2010
Subject: Proposed Wireless Cell Tower Installation Page 2
98
Telus is proposing to remove the existing installation and construct a 65 metre high
tri-pole cellular tower on lands designated "Open Space System - Natural Area" owned
by the City located nearby on the north side of Old Taunton Road just west of the
intersection with Taunton Road. The site is a section of unopened road allowance,
Formally Sideline 16. The proposed site is located approximately 600 metres east of
the current tower and comprises an area of approximately 0.08 ha. (see Location Map,
Attachment #1).
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.
Removal of the current installation will facilitate the implementation of development in
the Duffin Heights Neighbourhood, allow residentially designated lands to be used more
efficiently, and the new installation will provide service to both new residents and the
Durham Region Police Services. Further, 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 supports
the terms and conditions contained in the proposed lease, subject to review and
approval by the Director, Corporate Services & Treasurer and the Solicitor for the City to
ensure the City's interests are protected.
Financial Implications: Telus has agreed to pay the City an annual rate of $20,000
plus HST for each of the 10 years of the term of the lease.
Sustainability Implications: Maintenance of the wireless coverage at this location
will provide existing and future business and community communication capability and
will ensure that the Durham Regional Police communications network remains
undisturbed.
1.0 Background:
1.1 Removal and Relocation of the Existing Tower was Previously
Contemplated
Telus currently provides cellular communication services from an existing cell
tower located at 1755 Old Taunton Road (William Jackson Drive) now owned by
Lebovic Enterprises Limited. The tower was constructed in 1999 at a time when
development in the Duffin Heights Neighbourhood was a more distant
consideration. This facility also serves as part of the Durham Regional Police
Services network.
Report PD 24-10 July 5, 2010
Subject: Proposed Wireless Cell Tower Installation Page 3
9
The City supported the installation of the tower with a condition that Telus enter
into an agreement with the City respecting the removal of the tower at such time
as the lands are proposed for redevelopment. The lands covered by the
agreement have recently been approved for residential development by Order of
the Ontario Municipal Board (dated February 4, 2010) which approved a Draft
Plan of Subdivision SP-2008-08 and Zoning By-law Amendment A 16/08 with the
City's support. In accordance with the spirit of the registered agreement, the City
sent a letter to Telus on March 9, 2010 requesting that the tower be removed.
1.2 Telus is Proposing to Reconstruct a Tower on Nearby Lands Owned by the
City
Telus approached the City to discuss opportunities to construct a new tower in
the immediate area, as this location is important to its coverage area with
particular emphasis on the communication service provided to Durham Regional
Police Services. Staff reviewed land holdings in the Duffin Heights
Neighbourhood and provided Telus with potential sites that would not interfere
with future neighbourhood development plans. Telus selected a site on lands
owned by the City and designated "Open Space System - Natural Area", being.
part of an unopened road allowance (Sideline 16) on the north side of Old
Taunton Road. This site meets Telus technical requirements and is proposed to
support a 65 metre high tri-pole cellular tower and associated equipment
compound (see Applicant's Submitted Site Plan and Proposed Cell Tower
Elevation, Attachments #2 and #3). Staff have recommended to Telus, that
should City Council authorize the installation; that the tower be painted white in
colour to mitigate the impact of its appearance.
1.3 Use of Sideline 16 for Municipal Road Purposes is not anticipated
The unopened road allowance known as Sideline 16 (between Old Taunton Road
and Taunton Road) is currently vacant. Access to the site is provided from Old
Taunton Road (William Jackson Drive). Improvements to the unopened road
allowance will consist of a gravel access only to the extent necessary to
accommodate vehicles required to service and install the cell tower facility. This
access road will be gated at the compound. Staff have confirmed that
improvements to Sideline 16 to municipal standards are not proposed or
recommended.
1.4 Co-location opportunities have been examined
The only facility identified in the immediate area that could potentially
accommodate Telus needs is located on the south side of Old Taunton Road,
close to its intersection with Taunton Road. Telus has confirmed that this
installation was investigated and cannot accommodate its equipment or meet its
technical requirements.
i
Report PD 24-10 July 5, 2010
Subject: Proposed Wireless Cell Tower Installation Page 4
100
In order to reduce the need for additional towers, staff requested that Telus make
provision for this proposed facility to accommodate additional carrier(s). Telus
has confirmed that this structure has been designed to accommodate an
additional carrier. A specific request was made to Telus to initiate a contact with
Bell Mobility, which currently has a tower located on 2695 Brock Road (Kahn
Auction Barn), to discuss the opportunity to co-locate the Bell equipment on this
new tower. Telus advise that it contacted Bell but they declined due to the length
of their current lease. Staff will continue discussions with Bell Mobility as the
continued existence of a tower on the Kahn Auction Barn lands may impact the
development of this area of the Duffin Heights Neighbourhood as set out in the
Council approved plan. Telus remains willing to accommodate a co-location with
Bell or another carrier.
1.5 Telus is required to,conduct Public notification of this proposal
Even though Telus currently operates a cell tower facility in the immediate area,
Industry Canada has confirmed the proponent must follow the requirements for
public consultation. The Planning & Development Department is currently in the
process of developing a protocol respecting the installation of antenna facilities
for 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.
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. Based on the proposed 65 metre tower height, the
proposed installation would require notification to three adjoining property
owners. Further, as this proposed installation exceeds 30 metres in height,
Industry Canada requires the proponent to place of a notice in a local community
newspaper circulating in the proposed area. Telus has confirmed that it has not
yet initiated public consultation. Proponents typically do not commence a public.
notification process until they have secured an agreement with the landowner.
1.6 Staff Support the Proposed Terms of the Lease
Telus provided a draft of the proposed lease for the City's review, and has agreed
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 10 year extension to be exercised at the
discretion of Telus. A copy of the proposed lease is attached to this report (see
Proposed Lease - Attachment #4).
The lease is generally consistent with a recent lease entered into by the City for a
similar installation. The proposed terms and conditions (other than remuneration)
must still be reviewed and approved by the Director, Corporate Services &
Treasurer and the Solicitor for the City prior to execution, should Council approve
to lease the lands for this purpose.
i
Report PD 24-10 July 5, 2010
Subject: Proposed Wireless Cell Tower Installation Page 5
Attachments:
1. Location Map
2. Applicant's Proposed Site Plan
3. Applicant's Proposed Cell Tower Elevation
4. Proposed Lease Agreement
in Y: Approved/Endorsed By:
r Neil Carr
- Site Planning Director, PI g & Development
Richa d Holbor Everett untsma
Divi 'on Head, Engineering Services Director, Operations & Emergency Services
TB:ld
Copy: Chief Administrative Officer
Director, Corporate Services & Treasurer
Recommended for the consideration
of Picker' City ncil.
Ae 4 J,"e 22 Zo1O
Tony revedel, P. Eng.
Chief Administrative Officer
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PROPERTY DESCRIPTION Sideline 16 Road Allowance Duffin Heights
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ATTACHMENT # TO
1 0 4 REPORT # PD
INFORMATION COMPILED FROM APPLICANTS
SUBMITTED
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THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING &
DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES
DIVISION MAPPING AND DESIGN, June 16, 2010.
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ATTACHMENT # TO
Applicant's Proposed Lease REPC)RI # PD File: ON0923
Without Appendices 105
SITE LEASE
This Lease is made on this 13th day of April, 2010
BETWEEN: The Corporation of the City of Pickering (the "Lessor") and TM Mobile Inc. ("TELUS")
The Lessor 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 Lessor has agreed to grant to TELUS 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 TELUS to the Lessor, the Lessor hereby leases to TELUS
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 and D attached
hereto, the whole forming the lease between the parties (the "Lease").
The Lessor grants to TELUS 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 TELUS as
a telecommunications service provider;
(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;
(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, and to register such easements, servitudes and rights of ways as are
necessary to give effect thereto, 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 July 1, 2010 (the "Commencement Date") and ending
on the day immediately preceding July 1, 2020 and any extension term as provided herein (the "Term").
Address of the Lessor: THE CORPORATION OF THE CITY OF
One The Esplanade PICKERING
Pickering, Ontario L 1 V 6K7
Attention: Richard Holbome / Tyler Barnett
Facsimile: 905-420-7648
Telephone: 905-420-4660 [Authorized signatory]
GST Registration Number: R108078593 [Title]
Address of TELUS: TM MOBILE INC.
200 Consilium Place, Suite 1600
Scarborough, Ontario M1H 3J3
Attention: Real Estate Department
Facsimile: 1-800-788-6622 Donald Allan
Telephone: 1-800-815-5715 Manager, Real Estate
Emergency 24 hour 1-800-391-1391
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ATTACHMENT # TO Twenty Thousand
REPORT # PQ- 2q-16 Dollars and Zero File: ON0923
106 Cents($20,000)
TERMS AND CONDITIONS
1. Rental Rate. For the rights granted by the Lessor to TELUS, TELUS shall pay to the Lessor rent in the amount of
ecrrts(SH,6A8.99) per annum (the "Rent") plus any applicable provincial sales tax and goods and services 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 TELUS to the
Lessor under the terms of this Lease, shall be tendered at the address of the Lessor specified herein, or at such other address as may be duly notified to
TELUS by the Lessor.
2. Rieht of Extension. The Lessor hereby grants to TELUS the right to extend the initial term of this Lease for one (1) further and consecutive period of
ten (10) years. Such extension shall take effect automatically and without further notice, unless TELUS 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 fair market value as agreed between the
parties in the ninety (90) days prior to the expiration of the immediately preceding term, or in the absence of such agreement, 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 TELUS. If, at any time during the Term, a structure, building or other obstruction of any nature blocks, deflects or interferes in any
way with the signals sent from the Site or received at the Site, or if TELUS determines that installing or operating the Shelter or the Equipment: (i) is or has
become commercially impractical; or (ii) is or has become impossible due to a law, regulation or government decision or order, TELUS may terminate this
Lease without damages or penalty upon sixty (60) days prior written notice to the Lessor. In the event of such termination, the Lessor shall refund to TELUS
any rent paid in advance for any period of time subsequent to the effective date of termination.
4. Covenants of TELUS.
(a) Safety and Maintenance - TELUS shall install, operate, and maintain its Equipment and the Shelter, in a good, safe and workmanlike manner.
(b) Taxes, Rates and Assessments - TELUS 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 TELUS on or from the Premises.
(c) Electricity Charges - TELUS 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 Lessor's
invoices for electricity based on the submeter readings and the actual tolls of the local utility. The Lessor is responsible for reading the submeter once every three
months and invoicing TELUS accordingly no less frequently than on an annual basis, failing which TELUS may fully discharge its obligation to compensate the
Lessor 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 - TELUS 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 - TELUS 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.
(f) Interference - TELUS covenants that TELUS' operation of its radio system(s) shall not cause material interference or degradation of any other signals
lawfully transmitted or received within or on the Premises. TELUS shall use all reasonable efforts to correct such interference or degradation, where reasonably
demonstrated, upon receiving written notice from the Lessor.
(g) Insurance - TELUS 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 Lessor shall be included as an additional
insured in all such policies, but solely with respect to liability arising out of the operations of TELUS at the Premises. At the Lessor's reasonable request, TELUS
shall provide a memorandum of insurance confirming that policies as required herein are in force, and shall notify the Lessor of the cancellation of any such policy.
5. Covenants of the Lessor.
(a) Quiet Possession - The Lessor covenants that TELUS shall peaceably and quietly hold and enjoy the Site and its appurtenances, subject to the terms and .
conditions of this Lease. The Lessor shall not make any change to the Premises and its appurtenances that could adversely affect access to or use of the Site by
TELUS at any time throughout the duration of this Lease without the prior written consent of TELUS, which consent may not be unreasonably withheld.
(b) Access - The Lessor shall provide to TELUS 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.
(c) Emergency Power - The Lessor shall allow TELUS to install electrical connections to the Lessor's emergency power generator on the Premises for
emergency use by TELUS in the case of any failure of public electrical service to the Site. TELUS shall have the right to install and operate an emergency power
generator on the Premises, 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. TELUS shall pay all costs attributable to such installation and operation.
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(d) Premises Maintenance - The Lessor hereby agrees to provide not less than thirty (30) days prior written notice to TELUS 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 Lessor
further agrees to meet on-site with TELUS 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 Lessor further agrees to make a reasonable effort to inform TELUS as soon as
possible of an emergency situation that may have an adverse effect on the Shelter or the Equipment.
(e) Interference - The Lessor 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
Lessor shall provide TELUS with sixty (60) days written notice of the proposed new installation, and TELUS 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 Lessor 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
TELUS as described above and must refrain from installing and operating any such equipment until TELUS has determined, acting reasonably, that no material
interference with the operation of the Equipment will result. The Lessor 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.
6. TELUS' Eauiament. The Equipment and the Shelter shall remain at all times the personal and moveable property of TELUS, 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. TELUS shall have the right to make
alterations or improvements or both at the Site at any time during the Term including, but are 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 TELUS.
7. Lessor not Liable. Except for the negligent acts or omissions or the willful and wrongful acts or omissions of the Lessor or the Lessor's employees or
those persons authorized by the Lessor to be on the Premises, the Lessor shall not be liable to or indemnify TELUS for any inconvenience to the operations of
TELUS at the Site, or damage to the Equipment or the Shelter, or injury to any person occupying the Site.
8. TELUS not Liable. Except for the negligent acts or omissions or the willful and wrongful acts or omissions of TELUS or TELUS 's employees and
those persons authorized by TELUS to be on the Premises, TELUS shall not be liable to or indemnify the Lessor for any costs incurred or losses or damages
or injury suffered by the Lessor.
9. Confidentiality. Except as otherwise provided herein, the parties agree that all information relating to the use of the Premises pursuant to this Lease is
confidential and proprietary, and shall not be disclosed to any third party unless required by lawful authority. Each party will take all reasonable steps to
protect the confidentiality of such information, and in particular shall hold the terms and conditions of this Lease in the strictest confidence. This provision
shall survive any termination or expiration of this Lease.
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 TELUS' 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. TELUS' Financing Arraneements. The Lessor acknowledges that TELUS has entered into, and will be entering into, certain financing arrangements
which may require an assignment or hypothecation of TELUS' rights and obligations under this Lease, or the creation of security interests in the personal or
moveable property of TELUS located at the Premises. The Lessor consents to any such assignment, hypothecation or grant of security interests, and to any
transfers occurring on the enforcement of same. The Lessor shall, at the request of TELUS, acknowledge in writing the foregoing in such form as the relevant
financier may reasonably require. For the purposes of this section, TELUS is executing this Lease for itself and as agent for the financiers with whom TELUS may
be entering into financing arrangements from time to time as acknowledged herein.
12. Reeistration. TELUS may register a notice of lease or caveat or appropriate instrument in the land registry office of the province in which the Premises are
situated, stipulating TELUS 's interest, the Term, any rights to extend and, when applicable, a short form of lease, and the Lessor will execute any documents
required to effect such registration. Such registration may be effected on behalf of TELUS by an affiliated corporation, partnership or other entity as bare nominee
for registration purposes only, at TELUS' expense. The Lessor also agrees to obtain a non-disturbance agreement at TELUS' expense from any mortgagee on the
Premises in such form as TELUS may reasonably require.
13. Encumbrances. TELUS may, at its option, pay or discharge any arrears owing under any encumbrance upon the Premises which has priority over
the interest of TELUS under this Lease, or any arrears of any property taxes, local improvement charges and any other rates, duties, levies and assessments
levied or assessed by any competent government authority upon or in respect of the Premises or that affect the Premises in any way, in which event TELUS
shall be subrogated to the rights of the creditors of such discharged obligations and may, at its option, apply the rent or any other amounts owing to the
Lessor under this Lease to the repayment of any arrears so paid or discharged.
14. Assignment. Except as otherwise permitted herein, this Lease shall not be assigned by TELUS without the prior written consent of the Lessor, such
consent not to be unreasonably withheld or delayed. Notwithstanding the foregoing, TELUS may, without consent of the Lessor: (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 all or any portion of the Site and it appurtenances to a third party, for use as a telecommunications site. Whenever the
Lessor's consent is required by virtue of these provisions, such consent is deemed granted if Lessor does not respond within fifteen (15) days to the written request
of TELUS for such consent.
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15. Successors and Assigns. This Lease shall enure to the benefit of and be binding upon the successors and assigns of the Lessor and the successors and
permitted assigns of TELUS, and no assignee or successor of the Lessor shall challenge the validity or enforceability of any provision of this Lease and every
assignee or successor of the Lessor shall be bound by all the obligations of the Lessor hereunder. Upon a conveyance or assignment of its interest in the
Premises, the Lessor shall provide TELUS 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 TELUS remains in possession of the Site after the expiration of the Term, TELUS 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. If during the Term, the whole or any part of the Premises is expropriated, the Lessor shall not accept any award for compensation
without TELUS' written consent. TELUS shall be entitled to receive such part of the award as compensates for the loss of its interest in the leased Site.
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 Lessor and TELUS 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 party 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. TELUS may elect to obtain, at its discretion, technical drawings or a survey of
the Premises and the Site, and give written notice of such technical drawings or survey to the Lessor, which once so delivered shall replace and become Schedule
"C", and take precedence over the plans exhibited at Schedule "B".
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 party 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 Lessor hereby authorizes TELUS 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 TELUS may require for the
purposes of exercising its rights under this Lease, and the Lessor agrees to execute the Authorization Letter'from time to time as reasonably requested by TELUS
for these purposes.
23. Environmental. During the Term, the Lessor represents and warrants continuously that there are not contained, within or under the Premises, any toxic
material or hazardous substances or any other contaminants (collectively "Hazardous Substances") as defined under all applicable provincial or federal legislation,
regulation or orders of any kind. The Lessor shall indemnify and hold TELUS harmless from and against any liability arising from the presence of Hazardous
Substances on the Premises. TELUS shall have the right to conduct environmental testing at the Site at any time during the Term and to terminate this Lease
immediately without damages or penalty should the results of such environmental testing demonstrate the presence of Hazardous Substances at levels not
acceptable to TELUS acting reasonably. TELUS shall comply with all applicable provincial or federal environmental legislation, regulation or orders of any kind.
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