4357 Schedule A - Telecommunications Site Lease AgreementTELECOMMUNICATIONS SITE LEASE AGREEMENT
Site (legally described on Schedule "A"): Hwy 3 & Talbot Rd.
THIS AGREEMENT made thisE'.day of October 2019.
I. IN CON SID ERA TION of $2.00. the receipt of which Landlord
acknowledges. Landlord leases to Tenant the premises shown on Schedule "B"
at the Site described above, including the following:
(check appropriate box(es))
~ Land comprised of approximately 356 square meters.
0 Building interior space of approximately ___ square ___ _
0 Building e>.1erior space for attachment of antennas
0 Building interior space for attachment of antennas 0 Space required for cables and wires
0 Rooftop space
~ Access reee to be constructed by Tenant
0 Space for generator and/or connector boxes
0 Other
together with the non-exclusive right of unrestricted use of the rest of the Site
for purposes of access, staging, construction, installation, removal and repair
of telecommunications facilities, and connections to the appropriate utilities,
fibre optic and telephone facilities ("access and utility rights").
2. TERM of 5 years beginning on December 1~, 2019 ("Commencement
Date").
3. RENT shall be paid annually in advance in the amount of Fifteen
Thousand Dollars ($15,000.00) plus HST, if applicable, starting on the first day
of the month following the beginning of construction. Landlord confirms that
its HST Number is 126587195 RT000 1 and acknowledges that payment ofrent
is contingent upon such number being accurate and correct. Commercial realty
taxes attributed directly to the premises shall be payable by the Tenant.
4. EXTENSION of the initial term of this agreement is hereby granted to
Tenant for 3 additional 5 year ex1ension periods unless Tenant provides
Landlord written notice of its intention not to ex1end at least 60 days prior to
the expiration of the then current tem1. Rent for each ex1ension term shall be
rent payable during the preceding term increased by 10%.
5. USE of the premises and access and utility rights by Tenant shall be for
the purpose of installing, removing, replacing, relocating, maintaining,
supplementing and operating, at its sole e>.-pense, telecommunications facilities
and equipment for the provision of telecommunication services. Where
applicable. Tenant may connect its equipment and provide telecommunication
services by wireless, cables and/or wires to the equipment of other occupants at
the Site.
6. UTILITIES required for the operation of the telecommunications
facilities shall be the sole responsibility of Tenant. and electrical consumption
shall be determined by: (check appropriate box(es))
0 included in rent or not applicable
~ separate meter with direct invoices from local utility, if available
0 check meter installed by Tenant, with invoices from Landlord based on
meter readings and Tenant's share of Landlord's electrical bill
7. EQUIPMENT, towers, poles, shelters, cabinets, pedestals, antennas and
mounts shall remain the personal properry of Tenant and shall be removed by
Tenant upon expiration or termination of this agreement and the premises shall
be restored to its original condition, reasonable wear and tear excepted. Tenant
shall not be required to remove conduits, concrete foundations or roof piers at
the end of the term. If the term ofthis agreement reaches its natural expiry and
Tenant intends to decommission its site upon the premises, or if Tenant
exercises its termination right under Section 10 of this agreement, Landlord
may, at its option, choose to retain the tower structure (with all equipment
removed from it) for its own use. 1n such event, Landlord shall advise Tenant
at least 15 days prior to Tenant's scheduled decommission date of such election.
8. NOTICES shall be in writing and sent by mail, postage prepaid, deemed
received 3 days after mailing or by facsimile transmission, deemed received on
date transmitted, to the address or facsimile number of the party set forth below.
9. ASSIGNMENT of this agreement by Tenant may be made to any
corporate affiliate(s), principal lenders or a purchaser of part or all of Tenant's
assets. Assignment or transfer of this Agreement or an interest therein by the
Landlord may be made to its principal lenders or a purchaser of the Site. All
other assignments require the other party's consent, at its sole discretion. Tenant
may permit use of all or any portion of the premises and access and utility rights
by others for telecommunications purposes.
10. TERMINATION of this agreement may be exercised by Tenant at any
time on 30 days' notice without further liability if Tenant cannot obtain all
necessary rights, postponements 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, or if for any other reason
( e.g., interference with Tenant's 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 costs (including legal costs) and loss to person or
4006580-00089667. DOCX:3 Ont -TSA -Rev 22-Apr 12, 2018
Location Code: C6580
property which arise out of the unlawful or negligent use and/or occupancy of
the premises by such indemnifying party. Tenant shall maintain during the term
and any e>.1ensions, public liability and property damage insurance coverage of
not less than $2,000,000 and upon notice Landlord shall be added as an
additional insured and provided with evidence of coverage.
12. HAZARDOUS SUBSTANCES: Landlord represents that it has no
knowledge of any substance on the Site that is identified as hazardous, toxic or
dangerous in any applicable federal, provincial or local law or regulation.
Landlord shall be responsible for any pre-existing contamination of the Site.
Landlord and Tenant shall not introduce or use any such substance on the Site
in violation of any applicable law.
13. MISCELLANEOUS:
(a) Tenant upon paying the rent shall have quiet possession of the premises.
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 Site. Landlord shall ensure tl1at other carriers granted space on the Site co-
ordinate site access and antenna placement with Tenant through Tenant's
standard collocation procedures and conditions to ensure there is no
interference or impairment and Tenant's quiet possession of the premises is
protected. Tenant shall have 24 hours a day, 7 day a week access to the premises
subject to Landlord's reasonable security requirements and access cards and/or
keys provided by Landlord at Tenant's expense.
(b) Prior to initial installation, Tenant shall supply Landlord with plans
and/or surveys as applicable ( collectively the "plans"), which plans shall
become schedules and form part of this agreement. Tenant's plans for changes
to the telecommunications facilities shall also become schedules and form part
of this agreement. Landlord shall, at Tenant's e>.-pense, assist and co-operate
with Tenant in obtaining governmental approvals for Tenant's permitted uses.
Landlord shall maintain and Tenant shall use the Site in compliance with all
applicable laws, by-laws, rules and regulations of the appropriate jurisdictions
pertaining to the environment, health, welfare and occupational safety.
( c) Landlord and/or its agent represents and warrants that it has full authority
to enter into and sign this agreement and bind Landlord accordingly.
( d) This agreement contains all agreements, promises and understandings
between Landlord and Tenant. All future plans shall become schedules and
form part of this agreement.
(e) The tern1s and conditions of this agreement shall ex1end to and bind the
heirs, personal representatives, successors and assigns of Landlord and Tenant.
(I) Landlord shall permit Tenant or its contractors full access to the Site and
premises, in advance, for the purpose of satisfying itself, at its own expense, as
to the appropriate conditions for the intended use of the premises, provided
Tenant shall repair any damage caused by any tests or inspections.
(g) lf Tenant remains in possession at end of term(s), Tenant shall be a
monthly tenant at the then current rent.
(h) This agreement shall be governed by the laws of the province in which
the Site is located. Invalid provisions are severable and do not impair the
validity of tl1e balance of this agreement. Landlord agrees to keep this
agreement and its terms strictly confidential and not disclose them unless
compelled by law.
(i) A short form lease ornotice oflease may be registered on title at Tenant's
expense.
(j) If a matrimonial home is located at the Site, Landlord's spouse hereby
consents to the agreement.
(k) ADDITIONAL PROVISIONS: See Schedule "C" attached,
Landlord
Town ofTillsonburg
200 Broadway, Suite 204
Tillsonburg, ON N49::6A7
Attention:
·-, . IAc.,-
~'Qr-'
Facsimile No.519-842-9431
Per:~--
Nan1e:.i:)o,..__r-.c... L_)._L50,.._
Title:-i-ow,-,.. Cltzr-k_
I/We have authority to bind the Corporation.
Tenant
Rogers Communications Inc.
c/o Cushman Wakefield
One Mount Pleasant Rd., 2nd Floor
Toronto, Ontario /"\
M4Y2Y5 / I FacsimileNo.(416)935-7799
Per: ---:-:;,L.----.:=--.¼------
Name:
Title:
I have authority to bind the Corporation.
SCHEDULE "A"
LEGAL DESCRIPTION OF LANDLORD'S LANDS ("SITE")
Site: C6580-Hwy 3 & Talbot Rd
ProQertv Identifier: 00025-0510 (LT)
Part Lot 8 Concession 12, designated as Part 2, 41R6801 Less Part 1, 41R6966; Tillsonburg/Dereham; the Land Titles Division of the
Oxford Land Registzy Office (No. 41).
4006580-00089667.DOCX:3 Ont -TSA-Rev 22-Apr 12, 2018
SCHEDULE "B"
DESCRIPTION OF PREMISES
(including access rights)
If this agreement is executed with a sketch plan attached as Schedule "B", the Landlord hereby authorizes the Tenant, if it should
elect, to substitute a plan (the "Plan") of the premises certified correct according to a field survey by a land smveyor, for the sketch
attached hereto as Schedule "B", provided however that the Tenant shall be under no obligation to do so. The Plan, if attached, shall
form part of this agreement and shall define the premises. Nothing in the Plan shall limit or detract from other access and utility rights
granted in this agreement.
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CONCESSION 12
GEOCR;.PHIC TOMISHIP OF OEREH.:,J,I
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SCHEDULE "C"
ADDITIONAL PROVISIONS
The first 30 metres from the ground of the tower shall be for the installation of Landlord's equipment and Tenant shall mount its
equipment on the remaining portion of the tower. Either party may request permission from the other to mount antennas and related
equipment in the other's zone which approval shall be granted provided that it is determined, acting reasonably, that such installations
will not interfere with the other party's existing or future installations.
Landlord will execute Tenant's standard Co-Location Agreement prior to installation of Landlord's equipment. In no event shall
Landlord be required to pay fees for its use of the tower but it shall be responsible for payment of its own electrical consumption thereon.
4006580-00089667.DOCX:3 Ont -TSA-Rev 22-Apr 12, 2018