3454 To enter into a lease agreement with The County of OxfordTHE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3454
A BY-LAW to enter into a lease agreement with The County of Oxford
WHEREAS The Town of Tillsonburg is desirous of entering into an agreement with The
County of Oxford for the purposes of entering into a lease for a parcel of land
approximately 20 (twenty) square meters in dimension and referred to as the Tillsonburg
Water Reservoir.
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
1. THAT the lease agreement attached hereto forms part of this by-law;
2. THAT the Mayor and CAO be hereby authorized to execute the attached lease
agreement on behalf of the Corporation of the Town of Tillsonburg.
READ A FIRST AND SECOND TIME THIS ��If�_DAY OF September, 2010.
READ A THIRD AND FINAL TIME AND PASSED THIS
20100
r r — Stephen Molnar
Clerk — Donna Hemeryck
�2-1 'j 4, DAY OF September,,
THIS AGREEMENT made in triplicate. this ,� day of �--� : ( �-� , 2010
p
BETWEEN
COUNTY OF OXFORD
Herein referred to as "the County"
And
THE CORPORATIC)N OF THE TOWN O.�{ TILLSONBURG
Herein referred tc► as "the Town"
WITNESSES that in accordance with the conditions herein contained, the County hereby
leases to the Town a parcel of land approximately 20 (twenty) square meters in dimension
within the lands owned by the County and referred to as the Tillsonburg Water Reservoir as
shown on schedule `A' attached hereto. This agreement will remain in place for a period of
gcling of this agreement and continuing until the .� 1 s
20 years commencing on the date of Si
day of�_.Z()30.
THE COUNT' COVENANTS WITH THE T()WNN AS FOLLOWS:
1. To allow the "Town to construct on the leased land described herein, a self-
supporting communications tower. The tower shall not in any event exceed a height
of 36 (thirty-six) meters and shall be constructed in accordance with any and all
applicable By-laws, Codes, St-tindards and regulations governing the construction of
such structures in the Province of Ontario.
2. To allow the Town to install a s � orage building, not to exceed 19 (nineteen) square
meters in total area for the purpose of holding equipment related to the operation
and maintenance of the Town's communication tower.
I To maintain the grounds surrc-)unding the leased lands, including a service lane to be
kept clear of snow and other encumbrance where reasonably possible as per the
schedule currently in place for the County.
4. The County will provide the Town with 60 days written notice prior to the
installation of any future communication tower, either by the County or a partner
agency, on the adjacent lands.
THE TOWN COVENANTS WITH THE COUNTY AS FOLLOWS:
5. To obtain County approval for The structure and associates storage building with
respect to location prior to construction.
6. To pay rent in the amount of $5100.00 per annum payable in advance on the first day
of each year.
7. To pay all taxes and rates (including hydro and telephone) incurred through the
construction, operation and maintenance of its tower, storage building and related
equipment.
8. To maintain and operate the tower, storage building and its associated equipment in
accordance with all applicable legislation, by-laws, regulations, standards (CSA and
otherwise).
9. The `Lown is responsible for all scheduling, coordination, management and costs
incurred in the relocation of its existing equipment from the County of Oxford
COIN tower, to the tower to be constructed by the Town.
10. To permit the County to enter toe lands for the purpose of inspection or review, by
the County or its agents at any reasonable time as may be deemed necessary to assure
compliance with the terms of this agreement.
11. To use the land only for the purposes and functions of the Town as described in this
agreement.
12. To indemnify and save the County harmless against any from any and all claims
arising from any act or omission of the Town or its agents or employees, relating to
the occupation of the land.
13. To advise the County in writi i€), 60 days prior to the installation of any equipment on
the Town owned tower that alight conflict with the operation or effectiveness of the
County owned tower situated on adjacent lands.
14. To ensure its activities and those of its agents and employees do not in any way
introduce: Environmental Containinants to these, or any surrounding lands owned by
the County or any other persons. Any such occurrence or suspected occurrence is to
be reported to the County immediately and without delay.
15. To remedy any default in the observance or performance of any conditions of this
agreement, or to make a written response, within 30 days of receipt of written notice.
PRM�TISOS
16. The term of the lease may be e.Xtended for 2 (two) additional periods of 10 (ten)
years each following the initial 20 (twenty) year lease period. A Lease Extending
Agreement will be used for each period of extension, with terms, covenants and lease
rates to be reviewed at each renewal.
17. The Town continues to main.t -in ownership, responsibility and control for any Town
owned assets installed at the 'T'i_llsonburg Water Reservoir site prior to the
implementation of this agree_ rent.
18. The County maintains the right to operate a communication tower at the site, as well
as the right to construct subsequent replacement towers or additional towers at the
site, as dictated by the needs of the County.
19. At any time during the term of this agreement, the Town may decide, on 6 months
notice to vacate the land, at ,�vfaich time the Town shall dismantle all equipment
including its tower and storage building, along with any supporting structure.
20. This document constitutes the entire agreement between the County and the Town
and may not be modified except by subsequent agreement in writing between the
parties.
21. All correspondence to the County shall be addressed as required to the following
address:
County of Oxford
21 Reeve Street, Box 1614
NYoodstock, ON
I\I4S 7Y3
Attention: CAO
22. All correspondence to the Town of Tillsonburg shall be addressed to the following
address:
T own of Tillsonburg
200 Broadway, 2nd Floor
Tillsonburg, ON
N4G 5A7
Attention: CAO
IN WITNESS WHEREOF the parties have caused this agreement to be signed by their
respective sign-i'ng officers and sealed with their corporate seals:
County of Oxford
The Corporation of The
Town offillso
,OLrg
or — il.
`�,tephen Molnar
CAO KELLEY COULTER