3453 To enter into an agreement with Spectrum Communications.THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3453
A BY-LAW to enter into an agreement with Spectrum Communications.
WHEREAS The Town of Tillsonburg is desirous of entering into an agreement with
Spectrum Communications, whereas Spectrum Communications agrees to construct a
Communications Tower and Equipment Building and once constructed, give sole ownership
of these structures to the Town.
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
1. THAT the agreement attached hereto forms part of this by-law;
2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement
on behalf of the Corporation of the Town of Tillsonburg.
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READ A FIRST AND SECOND TIME THIS z�� DAY OF September, 2010.
READ A THIRD AND FINAL TIME AND PASSED THIS DAY OF September
2010.
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— Stephen Molnar
Clerk — Donna Hemeryck
— Stephen Molnar
Clerk — Donna Hemeryck
THIS AGREEMENT made in triplicate this 15Th day of September , 2010
BETWEEN
SPECTRUM C0NIMUICATIONS
Herein referred to as "Spectrum
And
THE CORPORATION OF THE TOWN OF TILLSONBURG
Herein referred to as "the Town"
WITNESSES that in accordance with the conditions herein contained, Spectrum hereby agrees
to construct a Communications Tower and Equipment Building and once constructed, give
sole ownership of these structures to the Town on a parcel of land approximately 20
(twenty) square meters in dimension 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
19 years commencing on the date of signing of this agreement and continuing until the 13th
day of September 2029.
SPECTRUM COVENANTS WITH THE TOWN AS FOLLOWS:
1. To construct on the 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, Standards and
regulations governing the construction of such structures in the Province of Ontario.
2. To install an equipment 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.
3. Share 50°/o of the cost to maintain the communications tower and the storage
building. Maintenance costs for the Town's portion greater than $300 annually will
require the mutual consent of both parties.
4. Share 50% of the cost for electrical power and the cost to purchase and maintain a
standby generator on site.
5. To use the land only for the purposes and functions approved by the Town as
described in this agreement.
6. To indemnify and save the Town harmless against any from any and all claims_ arising
from any act or omission of Spectrum or its agents or employees, relating to the
occupation of the land.
7. To advi-Se the Town in writing 60 days prior to the installation of any equipment on
the Town owned tower that might conflict with the operation or effectiveness of the
communications tower owned by the County of Oxford situated on adjacent lands.
8. To ensure its activities and those of its agents and employees do not in any way
introduce Environmental Contaminants to these, or any surrounding lands owned by
the County of Oxford or any other persons. Any such occurrence or suspected
occurrence is to be reported to the Town immediately and without delay.
9. 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.
THE TOWN COVENANTS WITH SPECTRUM AS FOLLOWS:
10. To allmx7 Spectrum to install privately owned equipment up to a maximum of 500/o of
the design load limit of the tower.
11. Share 50% of the cost to maintain the communications tower, the storage building
and the grounds surrounding the same, including a service lane to be kept clear of
snow and other encumbrance where reasonably possible. Maintenance costs for the
Town's portion greater than $300 annually will require the mutual consent of both
parties.
12. Share 50% of the cost for electrical power and the cost to purchase and maintain a
standby generator on site.
13. To pay all rent, taxes and insurance for the lands on which the tower and building is
constructed.
PROVISOS
14. All capital purchases required to be installed or to maintain the tower and storage
building must be jointly agreed to by both parties.
15. The terra of the lease may be extended 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.
16. At any tLme during the term of this agreement, the Town may decide, on 6 months
notice to vacate the land, at which time Spectrum shall dismantle all privately owned
equipment from the tower and the storage building. The agreement shall cease to
exist between the parties six months following the day the town provides written
notice to Spectrum. Being that Spectrum is investing the up -front capital for project,
the Town will reimburse Spectrum $2100.00 for each year outstanding until the 19th
year.
17. In the event that a dispute arises or disputes arise between the parties which cannot
be resolved, the parties shall submit the dispute or disputes to arbitration using the
procedure set out in the Municipal Arbitraions Act, R.S.O. 1990, c. M - 48, as amended.
18. In the event that a dispute or disputes is submitted for arbitration, the decision or
decisions of the arbitrator shall be final and binding upon the parties to this
agreement.
19. In the event that arbitration cannot be conducted using the procedure set out in the
Munitipal Arbitrations Act, the parties shall select a single arbitrator, and in the absence
of agreement on an arbitrator, the arbitrator shall be nominated by a justice of the
Superior- Court of Justice of the Ontario Courts under the procedure set out in the
Arbitration ..Act, S.O. 1991, c. 17, as amended.
20. This document constitutes the entire agreement between the Town and Spectrum
and may not be modified except by subsequent agreement in writing between the
parties.
21. All correspondence to Spectrum Communications shall be addressed as required to
the following address:
;)pectrum Communications Ltd.
'79 Wellington Street
London, ON
N6B 2K4
Attention: Gord Mayhew, President
22. All correspondence to the Town of Tillsonburg shall be addressed to the following
address:
Town of Tillsonburg
'?00 Broadway, 2nd Floor
Tillsonburg, ON
N4G 5A7
Attention: CAO
IN WITNESS WHEREOF the parties have caused this agreement to be signed by their
respective signing officers and sealed with their corporate seals:
Spectrum Communications Ltd.
or ayhew, Pre ident
The Corporation of The
Town of Till oviburg
or - Stephen Molnar
CLERK - DONNA HEMERYCK