FIRE DISPATCH AND COMMUNICATIONS SERVICES AGREEMENT AMENDING AGREEMENT

THIS AGREEMENT dated for reference the 30th day of April, 2018.

BETWEEN:

TOWN OF VIEW ROYAL 45 View Royal Avenue Victoria, B.C. V9B 1A6 (hereinafter called "View Royal") OF THE FIRST PART

AND:

THE CORPORATION OF THE DISTRICT OF SAANICH 770 Vernon Avenue Victoria, B.C., V8X 2W7 (hereinafter called “Saanich ”) OF THE SECOND PART

WHEREAS the parties hereto entered into a Fire Dispatch and Communications Services Agreement dated May 29, 2017 (herein called the “Fire Dispatch and Communications Services Agreement”) under which Saanich provides fire dispatch and communications services to View Royal;

AND WHEREAS the parties agreed to amend the Fire Dispatch and Communications Services Agreement by extending the term to March 31, 2018, pursuant to an Amending Agreement dated December 19, 2017 (the “First Amending Agreement”); and then to April 30, 2018, pursuant to a Second Amending Agreement dated April 12, 2018 (the “Second Amending Agreement”).

AND WHEREAS the parties have agreed to further amend the Fire Dispatch and Communications Services Agreement, as amended by the First Amending Agreement and the Second Amending Agreement, on the terms set out in this amending agreement (the “Third Amending Agreement”);

NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the premises, the terms and conditions hereinafter contained (the receipt and sufficiency of which is hereby acknowledged) the parties hereto covenant and agree each with the other as follows:

The Fire Dispatch and Communications Services Agreement, as amended by the First Amending Agreement and the Second Amending Agreement, is further amended as follows:

(a) by deleting section 2.1 and replacing it with the following: “2.1 This Agreement is for a term commencing on June 1, 2017 and terminating on December 31, 2018, subject to early termination in accordance with this Agreement.”

(b) by adding the following as section 2.3: “2.3 View Royal may terminate this Agreement before December 31, 2018 by providing Saanich with no less than sixty (60) days’ written notice.”

(c) by adding the following as section 2.4: “2.4 For the avoidance of doubt, View Royal acknowledges and agrees that Saanich will cease providing fire dispatch and communications services to View Royal upon the expiry or earlier termination of this Agreement.”
The fee payable by View Royal for the period of May 1, 2018 through December 31, 2018 shall be the sum of $50,730.00, and View Royal shall pay such amount to Saanich through the following instalments:

(a) $19,023.75 on or before May 1, 2018; (b) $19,023.75 on or before August 1, 2018; and (c) $12,682.50 on or before November 1, 2018.
In the event View Royal exercises its right to terminate the Fire Dispatch and Communications Services Agreement before December 31, 2018, as provided in section 2.3 of the Fire Dispatch and Communications Services Agreement, the fee payable by View Royal under section 2 of this Third Amending Agreement shall be adjusted on a pro rata basis as of the effective date of such termination, such that View Royal shall be liable only for the portion of the fee attributable to the period of time up to and including the effective date of termination.
Except as expressly amended by this Third Amending Agreement, the parties ratify and confirm the Fire Dispatch and Communications Services Agreement as amended by the First Amending Agreement and the Second Amending Agreement. The Fire Dispatch and Communications Services Agreement, the First Amending Agreement, the Second Amending Agreement, and this Third Amending Agreement shall be read and construed as one document.
This Third Amending Agreement may be executed in counterparts and when the counterparts have been executed by the parties, each originally executed counterpart, whether a facsimile, photocopy or original, will be effective as if one original copy had been executed by the parties to this Third Amending Agreement.

IN WITNESS WHEREOF the parties hereto have caused this Amending Agreement to be executed with effect the day and year first above written.

Executed by TOWN OF VIEW ROYAL this ___ day of ______________, 2018:

Mayor

Corporate Officer

Executed by THE CORPORATION OF THE DISTRICT OF SAANICH this ___ day of ______________, 2018:

Mayor

Municipal Clerk

END OF DOCUMENT