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Home My WebLink About06 038 Agree The Coast FM e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2006 - 038 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH 1191827 ONTARIO INC. (THE COAST FM) TO FACILITATE THE PLACEMENT OF ANTENNAS ON THE WARD 1 WATER TOWER, MUNICIPALITY OF KINCARDINE AND WHEREAS the Municipal Act, 2001, 5.0. 2001, c. 25 Sections 8 and 9 (1) provides municipalities with powers of a natural person to enable them to govern their affairs as they consider appropriate under this or any other Act; AND WHEREAS 1191827 Ontario Inc. (The Coast FM) is a commercial radio business operating from the Municipality of Kincardine; AND WHEREAS the Council for The Corporation of the Municipality of Kincardine deems it advisable to enter into an agreement with 1191827 Ontario Inc. (The Coast FM) to facilitate the placement of antennas on top of the Municipality of Kincardine Ward 1 Water Tower in order to accommodate radio broadcasts from the Municipality; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine enter into an agreement with 1191827 Ontario Inc. (The Coast FM), to facilitate the placement of radio antennas on top of the Ward 1 Water Tower, Municipality of Kincardine in consideration of rents, covenants and obligations as set out in the agreement. 2. That the Mayor and CAO be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine, the Agreement with 1191827 Ontario Inc. (The Coast FM) attached hereto as Schedule "A". 3. That this by-law shall come into full force and effect upon its final passage. 4. That this by-law may be cited as the "Coast FM (2006) Water Tower Agreement, By-law". READ a FIRST, SECOND, and THIRD time and FINALLY PASSED this 15th day of March, 2006. ~(--tf Mayor A - ~ ~->- .. AGREEMENT THIS AGREEMENT made as of the /ó"yL.Jday of ~ ,2006 This is Scbedu1e rt iL .. to ~ BETWEEN: No. passed 1he.cr::: Clay of ~OO<-. 'àø-. '/r'øL~ Clerk The Municipality of Kincardine Mayor Hereinafter called "Kincardine", -and- 1191827 Ontario Inc. The Coast FM 807 Queen Street Kincardine On. Hereinafter called ''The Coast" WHEREAS: A. Kincardine owns and operates a water tower for the municipal water system in the town of Kincardine (the "tower") on the property being: i) Roll Number 41 08220003 10401, P 61 Pt lots 0 & T P3R3680 part 3 RP 3R3885 B. The Coast FM is in the commercial radio business, broadcasting from downtown Kincardine as far as Port Elgin to the North and Goderich to the South and wishes to place antennas on top of the tower to facilitate their services. 1. TERMINATION AT WILL Either party may terminate this Agreement at any time upon the giving of 180 days notices of such termination. The notice shall be given by registered mail (in which case the 180 day period commences upon the date of mailing) to Kincardine at 1475, Concession 5, RR#5, Kincardine, Ontario, N2Z 2X6 and to The Coast FM at , or by delivering in person to Chief Administration Officer, (Companies Branch, Ministry of Consumer and Commercial Relations) of The Coast FM. In the case of such personal delivery, the 180 notice period shall commence on the date of delivery. 2. THE COAST FM RIGHTS The Coast FM may have access at all reasonable times to and from the tower, and may use up to 35 feet of space on the top of the tower, to erect, hold and maintain the following equipment On the Kincardine tower, The Coast FM will install a 35 foot pole and 4 bay radio antenna. The gross weight for all necessary equipment shall not exceed more than 175 pounds on the tower. The Coast FM further agrees to secure existing equipment at the tower location to ensure the safety of Kincardine employees and Kincardine residents. All work is to be completed at no monetary cost to Kincardine. The Coast FM may further use " -.jo. .., up to 4 square feet of space in the enclosures at the bottom of the tower to place its equipment which it may connect by a power line, transmission line, low voltage control and data lines to the antennas, provided that such power line, transmission line, location and method of attachment are approved by the Kincardine Public Works Manager. 3. PAYMENT FOR HYDRO USE The Municipality of Kincardine shall pay hydro use not to exceed more than $50.00 annually at the Kincardine Water Tower, the balance is to be paid by The Coast FM. 4. THE COAST FM'S OBLIGATIONS The Coast FM agrees to pay $1,000.00 per year for the use of the Kincardine Water Tower which will be put into a maintenance reserve for the water tower. S. INTERFERENCE The Coast FM shall not cause any interference to the broadcast or reception quality to any of Kincardine or other users of the Tower space as of the date of this agreement. If there is any interference to the broadcast or reception quality at any time of Kincardine or any other licensee of space on the tower and Coast FM cannot remedy it, as of the date of this agreement, then Kincardine may give notice as provided for above, of the immediate termination of this agreement to be effective upon the giving of the notice of termination. 6. ASSIGNABILITY The Coast FM may not assign this agreement without the approval and consent of Kincardine. 7. OTHER TERMINATION This agreement shall terminate immediately if the tower becomes damaged so as to make the continued use of the tower impractical or impossible for the purposes of The Coast FM. Further, there shall be no obligation whatsoever upon Kincardine to effect repairs or to carry out maintenance to the Tower in order to make such use by The Coast FM practical or possible at anytime. Kincardine shall not be responsible for any damage or loss which may be incurred by The Coast FM due to such use being made or becoming impractical or possible. 8. OWN RISK It is agreed and understood that The Coast FM's antenna(s), equipment and lines placed on the Tower shall be there at the sole and only risk of The Coast FM. Kincardine shall not be responsible for them in anyway, including the provision of any security, whatsoever, with the exception only of willful and deliberate damage caused by employees of Kincardine. 9. REMOVAL If this Agreement is terminAted pursuant to the 180 day notice, and if The Coast FM has not removed its antenna(s), equipment and lines upon the expiration of such notice, then any of the said iterns remaining on the property of Kincardine shall be deemed abandoned and may be dealt with by Kincardine as it sees fit. If this agreement is terminated immediately, then The Coast FM shall have 30 days ~alcu1ated from the day of such termination to effect such ~ _"Þ. .f;J. removal failing which any items remaining shall be deemed abandoned and may be dealt with by Kincardine as it sees fit 10. REAL PROPERTY TAX IMPLICATIONS In the event there are any municipal, county or education tax implications arising as a result of the exercise of rights of The Coast FM under this Agreement, then any such burden shall be borne by and paid by The Coast FM either directly or by way of reimbursement to Kincardine. 11. LIABILITY The Coast FM shall be liable for any damage to the Tower arising out of or in connection with its exercise of its rights under this Agreement. Kincardine shall not be liable to The Coast FM for any interference, or inconvenience caused by damage to any part of the Tower, or by repairs, alterations, improvements or construction to the Tower. 12. INSURANCE During the term of this Agreement, The Coast FM shall provide and keep in force for the benefit of Kincardine, a general liability insurance in an amount of not less than $2,000,000.00 in respect of injury to or death of anyone person or property damage connected with the exercise of the rights of The Coast FM pursuant to this agreement. IN WITNESS WHEREOF the parties hereto have signed under the hands of their proper officers duly authorized in that behalf. KINCARDINE Per: ~£. A Mayor Glenn R. Sutton per::J" c_ À.:ç:~.~AA.r:7fJ CAO John deRosenroll Date: /YI1f1tc.H ~1.~. Date: fV\r->.,.-c ~ '2-Yc {p. 1191827 Ontario Inc. (The Coast FM) Per: D~ FM Chris Grossman I have authority to bind the corporation Date: fh.,..¿ 2 '? ~ /1.... ~ L· , WITNESS Print Name:~~~ ~ff'r"'\ Signature: