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Home My WebLink AboutOES 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 0]1 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 ... :",' j,- 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 ;."', ("~ ;""'\ Subject: Amendment to Lease Agreement TELUS Communication Site ON 1256 Sideline 24 North of Highway 407 '~ ,.:.... Page 3 , - '~) ~ 1 ,)1 ,1/ . ''-/ r..tJJl[J./'--~ 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 ;' CORP0227-07/01 revised ~ . I I REPOfO # OE~ 1~-()1 I I ! " \. ,/ ',1 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 II II II i I 11 I II II II II II II I I \ 7 407 .,j- N w Z .....I W o (f) N N w Z .....I W o (f) ATTACHMENT FOR OPERATIONS & EMERGENCY SERVICES REPORT PROPOSED EXPANSION OF COMMUNICATIONS TOWER SITE ~ 'L REPORTtt DES Ig-07 ___"J_.3-_ AMENDMENT TO SITE LEASE ON 1256 ,,..... ro, r-- ,.1 J 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. i~~ r\f ~ ! () REPOKI f> Ot. ~ I ~ -07 ~:,.,,3-_- !'" r. ~ <' ',} l) 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: -2.. iU RtPORl tt De;, 1~-o1 ,.3.__ l"!EN",'..; ,., - IwW r " ~ ~ ' '" .... u t tfJ Telus proposed new location of 11' x 15' Shelter. Need to extend compound. Existing Telus compound, I :/ I ~ I I - - - - _I Road all wance between Lo 24 and 25 C ncession 5 o D Existing Empty Lot Existing Entrance N ~ en a: CD - ~ CD 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-'