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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 1 P' 1 ~A\G 1 1 1 1 ' 1 O.R.C. 1 y 1 1 1 PROPOS D O.R.C. ELLULAR T WER LOCAT N MADRAS CAPITAL GROUP i WHITE - LINE ' NC FARMS w W w ITEVALE Z w 1 U1 MADRAS i CAPITAL I1 O.R.C. GROUP i WHITEVA RUAU IlfefE4/1f.E CENME 1 1 1 i i 1 i Q i O i ~ i Q i z i ° i Q i i i i 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 7 FILE No. ROGERS WIRELESS CELLULAR INSTALLATION SCALE 1:10000 CHECKED BY DB N C Teronel E.Wpr.ees Ine. and He .uCPliers. All rights Reserved Nol o Pbn of umey. PN-RUR 2005P MPAO: . one ib su lien. All rl hte Rewrw.1. Not o ten of Su ATTACHMENT # TO REPURT # PD Ll 19 8 5 INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN CELLULAR TOWER! INSTALLATION (SIDELINE 34 & WHITEVALE ROAD) I~ III ~i ri~M I PRPPPOSED CELL I I TOWER LOCATION I ' log r ,ol ,"'-120 LLJ FROM PROPOSED COMPOUND I z I sI I - ELEVATION PLW I ~ - - w, w wuc I F- C'7 Q II I Z ..o.~. E wrt caaw ws{c, ro =I E m r , W ' OBI Z I lIww 11. O . O I i f OAD- 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