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2016-102 By-law to authorize the execution of a second renewal and amending co-location agreement with Rogers Communications Inc.The Corporation of the Township of Oro-Medonte By-law No. 2016-102 A By-law to Authorize the Execution of a Second Renewal and Amending Co -Location Agreement with Rogers Communications Inc. Whereas the Municipal Act, 2001, S. 0. 2001, c.25, Section 224, as amended, provides that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council. And Whereas the Township of Oro-Medonte entered into a Co -Location Agreement with Rogers Wireless Inc. dated March 2, 2006. And Whereas the Township of Oro-Medonte entered into a First Renewal and Amending Co -Location Agreement with Rogers Wireless Inc. dated January 14, 2011. And Whereas the Council of The Corporation of the Township of Oro-Medonte has determined to enter into a Second Renewal and Amending Co -Location Agreement with Rogers Communications Inc. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: That the Mayor and Clerk are hereby authorized to execute the Second Renewal and Amending Co -Location Agreement with Rogers Communications Inc. dated May 4, 2016, attached hereto as Schedule "A" and forming part of this By-law. 2. This by-law shall take effect on the final passing thereof. By-law read a First, Second and Third time, and Passed this 22nd day of June, 2016. The Corporation of the Township of Oro-Medonte r, H.S. Wishes n Licensee Site Name: OROMED FD NORTH Licensee Site Number/Location Code/Lease ID: N/A WHEREAS: Licensor Site Name: Hwy 11 & Orillia South Licensor Location Code: C 1986 SECOND RENEWAL AND AMENDING AGREEMENT DATED this 4th day of May, 2016 A. The Licensor and the Licensee entered into an agreement dated the 2nd day of March, 2006 (the "Co -location Agreement"); and B. The Licensor and the Licensee entered into a First Renewal and Amending Agreement dated the 14th day of January, 2011 and; C. The Licensor and the Licensee are desirous of amending the Co -location Agreement. THEREFORE IN CONSIDERATION OF the covenants, terms, conditions and agreements contained herein, the Licensor and the Licensee agree to enter into this Second Renewal and Amending Agreement and hereby incorporate by reference the Co -location Agreement for such purpose subject only to the following modifications: 1. The Basic Terms of the Co -location Agreement are hereby amended by deleting the wording with respect to the Commencement Date and substituting the following in its place: Commencement Date: January 1, 2016 2. The Basic Terms of the Co -location Agreement are hereby amended by deleting the wording with respect to extensions and substituting the following in its place: Extensions(s): 1 x 5 years (Jan.1, 2021— Dec. 31, 2025) 3. The Basic Terms of the Co -location Agreement are hereby amended by deleting the wording with respect to the Initial Term and substituting the following in its place: Initial Term: January 1, 2016 to December 31, 2020 4. Schedule "2" of the Co -location Agreement is hereby deleted and replaced with the Schedule "2" attached to this Second Renewal and Amending Agreement. 5. The parties to this Second Renewal and Amending Agreement acknowledge that all of the foregoing recitals are true and correct both in form and in substance. 6. The parties hereto agree and acknowledge that all other terms and conditions contained in the Co - location Agreement remain in full force and effect and that the Co -location Agreement is valid and subsisting and has not been modified in any way except as provided for herein. 7. All capitalized terms herein shall have the same meaning ascribed to them in the Co -location Agreement. 8. This Second Renewal and Amending Agreement shall be binding upon and shall enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 9. The parties acknowledge having specifically requested that this agreement as well as other documents relating thereto be drawn up in the English language only. Les parties reconnaissent avoir sp6cifiquement exig6 que ce contrat de meme que tous les documents s'y rattachant soient r6dig6s uniquement en langue anglaise. DATED this 4th day of May, 2016 LICENSEE: Township of Oro Medonte Fire Department Title: I have authority to bind the Corporation. Per: Name: Title: I have authority to bind the Corporation. LICENSOR: Rogers Communications Inc. Per: Name: Title: I have authority to bind the Corporation O SIN 1,4Z a W Per: ` j� -ra WOeu R®GESS REAL ESTATE Licensee Site Name: OROMED FD NORTH Licensee Site Code: N/A Schedule "2" Equipment List, Licensee Fees and Additional Costs Date: May 4, 2016 Licensee: Township of Oro Medonte Fire Department Licensor: Rogers Communications Inc. Prepared By: Tatyana Moro Licensor Site Name: Hwy. 11 Orillia South Licensor Site Code: C1986 Item No. Antenna Make & Model Antenna Dimensions (size) Elevation Fee Start Date d-mmm-yy) Number of Antennas Comments RF1 SRL210C 4 Paging 0.58 x 6.096 60m 3/1/2006 1 RF2 Comprod 425-70 Yagi 30m 3/1/2006 1 RF3 4 (d-mmm-yy Annually) RF4 HAF Annual Head Agreement Fee 3/1/2006 RF5 Monthly $253.75 (Increased by 1.5% CPI RF6 from $250.00 2. Microwave Antenna: Item Antenna Make No. & Model Fee Number Dish Start Date of Diameter (size) Elevation d-mmm-yy) Antennas Comments MW1 Fee Start Date d-mmm-yy) MW2 F1 MW3 RF1 MW4 1 3. Additional Feeder Line: Item No. Feeder Line Type Connecting to (Antenna Item #) Length Fee Start Date d-mmm-yy) Number of Additional Lines Comments F1 LDF4-1 RF1 3/1/2006 1 F2 LDF4-1 RF2 3/1/2006 1 F3 4 (d-mmm-yy Annually) F4 HAF Annual Head Agreement Fee 3/1/2006 4. Land/Access Item No. Fee Description Size of Start Date equipments ace (d-mmm-yy) Number of Cabinets Comments 1 FLR 24"x24" 3/1/2006 1 4 s .ft., 13.6 floor area 2 15.4 2 3 Start Date 4 No. 5. Power Information Item Description No. Fee Voltage Start Date (d-mmm-yy) Number of Phases Estimated monthly power consumption Comments 1 AC 120 3/1/2006 1 15.4 2 Start Date 3 No. 4 (d-mmm-yy Annually) Monthly Licensee Fee: 6. Landlord Head Agreement Fee $ 702.92 Total Head Agreement Fee/Annum: Included in the Monthly License Fee Additional Costs: Documentation Preparation Charge: (one time charge) N/A Notes: 1. Fee excludes any structural reinforment and/or reconstruction costs. 2. Fee excludes any costs for realignment/optimization/relocation costs for existing occupants antennas and lines. 3. Fee excludes any applicable Property Tax or other Provincial and Federal taxes. 4. Fee excludes any utility charges FORM APPROVED TO CONTENT ,),to DEAL ESTATE Fee Frequency Item Description Start Date (Monthly or No. (d-mmm-yy Annually) Comments HAF Annual Head Agreement Fee 3/1/2006 Monthly $253.75 (Increased by 1.5% CPI from $250.00 Total Head Agreement Fee/Annum: Included in the Monthly License Fee Additional Costs: Documentation Preparation Charge: (one time charge) N/A Notes: 1. Fee excludes any structural reinforment and/or reconstruction costs. 2. Fee excludes any costs for realignment/optimization/relocation costs for existing occupants antennas and lines. 3. Fee excludes any applicable Property Tax or other Provincial and Federal taxes. 4. Fee excludes any utility charges FORM APPROVED TO CONTENT ,),to DEAL ESTATE Licensee Site Name: OROMED FD NORTH Licensee Site Number/Location Code/Lease ID: N/A 011 4, 1 DUMNI Licensor Site Name: Hwy 11 & Orillia South Licensor Location Code: C1986A SECOND RENEWAL AND AMENDING AGREEMENT DATED this 4th day of May, 2016 A. The Licensor and the Licensee entered into an 8. This Second Renewal and Amending agreement dated the 2nd day of March, 2006 Agreement shall be binding upon and shall enure to the (the "Co -location Agreement'); and benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. B. The Licensor and the Licensee entered into a First Renewal and Amending Agreement dated the 14th day of January, 2011 and; C. The Licensor and the Licensee are desirous of amending the Co -location Agreement. THEREFORE IN CONSIDERATION OF the covenants, terms, conditions and agreements contained herein, the Licensor and the Licensee agree to enter into this Second Renewal and Amending Agreement and hereby incorporate by reference the Co -location Agreement for such purpose subject only to the following modifications: 1. The Basic Terms of the Co -location Agreement are hereby amended by deleting the wording with respect to the Commencement Date and substituting the following in its place: Commencement Date: January 1, 2016 2. The Basic Terms of the Co -location Agreement are hereby amended by deleting the wording with respect to extensions and substituting the following in its place: Extensions(s): i x 5 years (Jan.1, 2021— Dec. 31, 2025) 3. The Basic Terms of the Co -location Agreement are hereby amended by deleting the wording with respect to the Initial Term and substituting the following in its place: Initial Term: January 1, 2016 to December 31, 2020 4. Schedule "2" of the Co -location Agreement is hereby deleted and replaced with the Schedule "2" attached to this Second Renewal and Amending Agreement. 5. The parties to this Second Renewal and Amending Agreement acknowledge that all of the foregoing recitals are true and correct both in form and in substance. 6. The parties hereto agree and acknowledge that all other terms and conditions contained in the Co - location Agreement remain in full force and effect and that the Co -location Agreement is valid and subsisting and has not been modified in any way except as provided for herein. 7. All capitalized terms herein shall have the same meaning ascribed to them in the Co -location Agreement. 9. The parties acknowledge having specifically requested that this agreement as well as other documents relating thereto be drawn up in the English language only. Les parties reconnaissent avoir sp6cifiquement exig6 que ce contrat de meme que tous les documents s'y rattachant soient r6dig6s uniquement en langue anglaise. DATED this 4th day of May, 2016 LICENSEE: Township of Oro Medonte Fire Department Per: Name: Title: /A -YO A I have authority to bind the Corporation. Title: 7trccko(' (arflr%It SDt�jL,,/CA, ClL I have authority to bind the Corporation. LICENSOR: Rogers Communications Inc. Per: Name: Title: I have authority to bind the Corporation FORM APPROVED TO CONTENT Per: /r.�f� dam ROGERS REAL ESTATE Licensee Site Name: OROMED FD NORTH Licensee Site Code: N/A Schedule "2" Equipment List, Licensee Fees and Additional Costs Date: May 4, 2016 Licensee: Township of Oro Medonte Fire Department Licensor: Rogers Communications Inc. Prepared By: Tatyana Moro Licensor Site Name: Hwy.11 Orillia South Licensor Site Code: C1986 Item No. Antenna Make & Model Fee Antenna Start Date Dimensions size Elevation d-mmm- Number of Antennas Comments RF1 SRL210C 4 Paging 0.58 x 6.096 60m 3/1/2006 1 RF2 Comprod 425-70 Yagi 30m 3/1/2006 1 RF3 3/1/2006 1 F3 RF4 d-mmm-yy Annually) RF5 HAF Annual Head Agreement Fee RFI Monthly $253.75 (Increased by 1.5% CPI 2. Microwave Antenna: Fee Number Item Antenna Make Dish Start Date of No. & Model Diameter size Elevation d-mmm- Antennas Comments MW1 MW2 MW3 MW4 3. Additional Feeder Line: Item No. Feeder Line Type Connecting to Antenna Item # Length Fee Start Date d-mmm- Number of Additional Lines Comments F1 LDF4-1 RF1 3/1/2006 1 F2 LDF4-1 RF2 3/1/2006 1 F3 4. d-mmm-yy Annually) F4 HAF Annual Head Agreement Fee 3/1/2006 4_Land/Access Item No. Fee Description Size of Start Date equipment/space d-mmm- Number of Cabinets Comments 1 FLR 24"x24" 3/1/2006 1 4 s .ft., 13.6 floor area 2 15.4 2 3 Start Date 4 No. 5_ Power Information Item Description No. Fee Voltage Start Date d-mmm- Number of Phases Estimated monthly power consumption Comments 1 AC 120 3/1/2006 1 15.4 2 Start Date 3 No. 4. d-mmm-yy Annually) Monthly Licensee Fee: 6. Landlord Head Agreement Fee $ 702.92 Total Head Agreement Fee/Annum: Additional Costs: Documentation Preparation Charge: Included in the Monthly License Fee (One time charge) N/A Notes: 1. Fee excludes any structural reinforment and/or reconstruction costs. 2. Fee excludes any costs for realignmentloptimization/relocation costs for existing occupants antennas and lines. 3. Fee excludes any applicable Property Tax or other Provincial and Federal taxes. 4. Fee excludes any utility charges FORM APPROVE® TO CONTENT Per. TES;' ROG REAL ESTATE Fee Frequency Item Description Start Date (Monthly or No. d-mmm-yy Annually) Comments HAF Annual Head Agreement Fee 3/1/2006 Monthly $253.75 (Increased by 1.5% CPI 1 from $250.00 Total Head Agreement Fee/Annum: Additional Costs: Documentation Preparation Charge: Included in the Monthly License Fee (One time charge) N/A Notes: 1. Fee excludes any structural reinforment and/or reconstruction costs. 2. Fee excludes any costs for realignmentloptimization/relocation costs for existing occupants antennas and lines. 3. Fee excludes any applicable Property Tax or other Provincial and Federal taxes. 4. Fee excludes any utility charges FORM APPROVE® TO CONTENT Per. TES;' ROG REAL ESTATE