2003-040 To authorize the execution of a Lease Agreement between the Township of Oro-Medonte and Point-to-Point Communications Ltd.
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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BY-LAW NO. 2003-040
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A LEASE AGREEMENT
BETWEEN BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND
POINT-TO-POINT COMMUNICATIONS LTD.
WHEREAS the Municipal Act, 5.0. 2001, c.25, Section 8, provides the authority for a
municipality to enter into agreements respecting the use of Township property;
AND WHEREAS the Council of the Township of Oro-Medonte deems it necessary and
desirable to pass a By-law to authorize the Mayor and Clerk to execute a Lease
Agreement with Point-to-Point Communications Ltd.
NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte
enacts as follows:
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1.
That a Lease Agreement be entered into in accordance with the words and
terms set out in the Lease Agreement attached hereto as Schedule '1', and
forming part of this bylaw;
2. That the Mayor and Clerk are hereby authorized to execute the said Lease
Agreement on behalf of the Corporation and affix thereto the Corporate Seal.
3. That this By-law shall come into force and take effect on the final passing
thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 7TH DAY OF MAY, 2003.
BY-LAW READ A THIRD AND FINAL TIME THIS 7TH DAY OF MAY, 2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Ma r, J. Neil Craig .
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38 Hooper Road, Barrie, Ontario L4N 8Z9
Tel: (705) 721-9877 .. Fax: (705) 721-1021 ..1-800-721-9877
COMMUNICATIONS
Bracebridge Office: (705) 645-9216 .. 1-800-290-0599 .. Fax: (705) 645-1754
Concord Office: (800) 461-5614
LEASE AGREEMENT
Between
ORO-Medonte (Township of) (Owner)
and
Point to Point Communications Ltd (Lessee)
38 Hooper Road, Barrie, Ontario
Schedule "1" to
By-law No. 2003-040
Page 1 of 3
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WHEREAS the lessee has applied to the Township of Oro-Medonte to enter into an
agreement to install communications equipment on the existing HorseShoe Valley Zone
II water tower"
AND WHEREAS the said technical information is accurate to the best of our ability as
per Schedule "A"
AND WHEREAS the Lessee agrees to the terms and conditions set in this lease
agreement and will abide by them, as per Schedule "B"
e The rent applicable to this lease is set at the amount of$ 1500.00 per annum or
$ 125.00 per month plus applicable taxes.
The rent is due on the first day of each month and payment sent to the ORO-Medonte
(Township of) at Box 100 Oro Station, Ontario LOL 2XO. A 2% interest charge will be
incurred after 30 days.
First and last months payments will be made at the point of lease commencing and annual
payments can also be made is lesser so desires.
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March 14, 2003
Date
@ MOTOROLA
M Authorized Two-Way
Radio Dealer
Schedule "1" to
By-law No. 2003-040
Page 2 of 3
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SCHEDULE 'A'
Applicant Company Name: Point to Point Communication Ltd.
Address: 38 Hooper Road Barrie, Ontario
Postal Code: L4N-1B7
Telephone: (705) 721-9877
Fax: (705) 721-1021
Company Representative: Bryon MacKinnon
Type of Service: (ie: Paging, Personal, Trunking, Data etc,,)
Wireless High Speed Internet
e Frequency(s): 5.7Ghz
Transmitter(s) Manufacturer: Motorola
Receiver(s) Manufacturer: Motorola
Model: Canopy
Model: Canopy
Overall Equipment Cabinet Dimensions: Width: 20"
Depth: 20" Height: 72"
Total AC Power Requirements: (one) 120Vac 15amp outlet
Combined / Multicoupled into Existing Antenna System: Yes _ , No (X)
ower: 1.0 Watt
/312 Yi'JA.-J
Print
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j}OIZIL 1~3
Date
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SCHEDULE 'B'
Schedule "1" to
By-law No. 2003-040
Page 3 of 3
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. Each installation shall be covered by its own "Industry Canada" license
agreement in which shall be specified the applicable technical, operation, and legal
conditions. A copy of the license must be posted with the equipment in the shelter.
. Lease agreements for the usage of the property shall normally be for a term of ~
years, with the options for a further 1 years at a rate to be negotiated. No sub leasing
of tower site by Point to Point Communications Ltd. is permitted without the consent
of the property owner.
. All installations on the property are subject to approval of both plan and
installation. Frequency intermodulation studies may have to be performed at the
expense of the lesser before installation.
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. The lessee shall be responsible for the adjustment and maintenance of all of its
equipment, unless other provision is made in a separate agreement. Alllessee
equipment in the site shall be in proper working order and kept neatly within the
leased area as to not cause interference to other property within the site. The owner
of the site holds the right to terminate services if interference in not appropriately
corrected or responded to.
. Amounts payable under a lease agreement may be made adjustable for the effects
of price inflation and or extra consumption of hydro.
. The right of access to the property will be granted to the lessee maintaining
equipment within the shelter. Keys to the shelter will be distributed in good faith that
the site is only accessed by the names given in the application, duplication of access
by other parties without notifications to the owner will cause immediate termination
of the set agreement.
Keys will be issued to Bryon MacKinnon & service personnel of Point to Point
Communications who will be responsible for the keys & all actions of other parties on
this property to whom the keys are issued to, as third parts or service personnel.
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. Every expense incurred by Oro-Medonte (Township of) as a result of the
installation, maintenance or testing of the licensee's equipment shall be payable by
the lessee, together with an administration charge of 15% of the amount payable.
. The lessee must hold a minimum of one million dollars in liability insurance
along with their own personal equipment insurance.