2021-053 Schedule ATILLSONBURG AIRPORT HANGAR LEASE
This Lease is made this 30 day of April, 2021 (the "E ffective Date ").
BETWEEN
TH E CORPORATION OF THE TOWN OF TILLSONBURG
(the "Landlord ")
·and -
Euclid Benoit
3525 Mossley Drive
Mossley. Ontario
NOL 1VO
(the "Tenant")
WHEREAS the Land lord owns all and singular that certain parcel or tract of land and premises situated.
lying and being in the Township of South West Oxford in the County of Oxford. being compromised of:
PT LT 3-4 CON 7 DEREHAM; LT 5-6 CON 7 DEREHAM; PT LT 7 CON 7 DEREHAM PT 1. 2, 3 . 4 & 5.
41R2877 , PT 2& 3, 41R 27 14 , PT 1, 2& 3, 41R4343, PT 1, 2 , 3& 4. 41R4545 ; srr 406551 ; SOUTH -WEST
OXFORD ;
PIN : 00016-0089 (LT); LRO #41 ;
municipal address being 244411 Airport Road , T illsonburg . ON N4G 4H1 ;
referred to herein as the "Property'', the "A irport " or the "Tillsonburg Airport" up on which is located the
Tillsonburg Airport which is owned and operated by the Landlord.
In consideration of the covenants , agreements. warranties and payments herein set forth and provided for,
the sum of two dollars ($2.00) paid by each party to the other and other good and val uable co ns ideration ,
the receipt and s uffi ciency of which is hereby acknowledg ed , th e Parties hereto respectively covenant and
agree as follows :
1. LEASED PREMISES
(1) The Le ased Premises s hall co nsist of a portion of the Tillsonburg Airport identified as 50%
of Hangar G9 (56 ft by 60 ft) on th e plan attached as Schedule "A". being the area upon
which the Tenant's airplane hang ar shall be located plus one (1) metre of land extended
beyond the exterior perimeter of the Te nant 's airplane hanga r building (the "Le ased
Premises").
(2) Notwithsta nding th e above, the Landl ord reserves the right to assign an alternate lot to the
Tenant on thirty (30) days' written notice at any time prior to the commencement of
co nstru ction of the Tenant's hangar.
(3) The Landlord cove nants an d agrees to the construction by the Tenant of an airplane
hangar on the Leased Premises being a Hangar, (the "Hanga r") subje ct to the provisions
of Sched ule "B". The Te nant shall complete the construction of the Hangar at its so le cost
and expense.
(4) The Landlord covenants and ag r ees that the Hangar on the Leased Premises is not own ed
by the Lan dlord but is owned by th e Tenant.
2. GRANT OF LEASE
(1) Th e Landlord leases th e Lea sed Premises to the Tenant:
(a) at the Rent set forth in Section 3;
(b) for th e Term set forth in Sect ion 4 ; and
(c) su bject to the conditions and in accordance with th e covenants . ob lig ations and
agreements herein including schedu les.
(2) The Landlord covenants th at it has the right to grant the leasehold interest in the Leased
Premises free from encumbrances except as disclosed on title.
3 . RENT
(1)
(2)
eans the amounts payable by the Tenan t to the Landlord pursuant to this Section
i eludes Additional Rent.
enant covenants to pay to the Land lord , during th e Term of this Lease rent as follows
Tenant 's I nitials a
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(the "Base Rent"): for every year of the Term, the total sum of $504.00 per annum (based
upon $0.30 per square foot of Hangar building area) plus H .S.T., and any other applicable
seNices tax which may accrue on account of the Landlord collecting rent , payable yearly
in advance. Base Rent shall commence on th e first day of th e Te rm . If the first day of the
Term is not January 1 st then Base Rent for the first year of the term s hall be prorated until
Dece mber 3 1 of the initial year. Base Rent sha ll then be due on 151 day of the year
comm encing on January 1 ". 20 22 and every 1" day of January thereafter. The Parties
furth er ag re e that the Landlord may, in their sole and abso lute di sc retion , incre ase the Base
Rent annua ll y in acco rdan ce with the Town of Tillsonburg Rates and Fees Bylaw . as
amended. If the square footage of the Hangar on th e Leased Premises expands then the
Base Rent shall according ly increase in proportion to th e additiona l square footage. Note
existing Hangar is 56 ft . by 60 ft . shared by two part ies equally .
(3) The Tenant furth er covenants to pay all other sums required by this Lease to be paid by it
and agrees that all amounts payable by the Tenant to the Landlord or to any other party
pursuant to the provisions of this Le ase sha ll be deemed to be add itiona l rent ("Additional
Rent") whether or not speci fically designated as such in this Leas e.
(4 ) The Land lord and the Tenant agree that it is their mutual intention that thi s Lease shall be
a completely ca refree net lease for th e Landlord and that the Landlord shall not, during the
T erm of thi s Lease , be re quired to make any payments in respect th e Lease d Premises
other than charges of a kind personal to the Landlord (such as inco me and estate taxes
and mortgage payments) and to effect the said intention of the parties the Tenant promises :
(a) to pay as Addition al Rent: business taxes, real estate taxes and li ce nses if
appl ica ble;
(b) to pay all annua l fees in accord ance with th e Town of Tillsonburg Rates and Fees
Bylaw , as amended, as Additiona l Rent for such expenses in curred by the
Land lord for the maintenance and seNicin g of the Airport; and ,
(c) to pay the Landlord a one -tim e cap ital re covery c harge , ba sed on actual s, for the
Land lord to co nstruct the associated hangar apron , if app lica ble ; and , (Not
Applicable I Existing Hangar)
(d) to pay for or provide seNicing an d ma intaining th e Leased Prem ises and th e
Hang ar and sha ll in clude the fo ll owing :
(i) all util iti es and seNices in cluding, bu t not limited to , electricity , water,
sewage , natural gas and propane. The Tenant acknowledges th at
co nn ec ti on fees for uti liti es and seNices are entirely at the Tenant's cos t.
Further , th e Tenant acknowledges that nothi ng in thi s Lease, in cluding in
thi s arti cle, is a warranty, covenant or represe ntati on by th e Landl ord to
provide connections, utilities or seNices to th e Leased Premises or th at
the seNi ces or utilities ca n be extended to the Leased Premises ;
(ii) snow removal and land scap ing on the Lea sed Premises in clud ing cutting
th e grass and wee d co ntrol of th e Le ase d Premises including th e one (1)
metre area around the perimeter of th e Hangar ;
(iii) all repair, seNice and maintenance to the Hang ar in cluding reaso nable
wear and tea r ; and ,
(iv) to pay airp ort infrast ru cture fees in accordan ce with the Town of
Ti llsonburg Rates a nd Fees By law , as amen ded. (Not Applicable I
Existing Hang ar)
(5) The Tenant hereby agrees to indemnify and protect th e Landlord from any liability accruin g
to the Landlord in respect of the expen ses payab le by the Tena nt as provided fo r herei n .
(i) The Tenant on beha lf of itse lf/h im self/herse lf/themselves , its/his/her/their
heirs. exec ut ors. administrators and assigns, including its/his/her/their
successors in titl e, he reby covena nts and ag rees to indemnify and save
harm less th e Land lord from all action s , cause of actions , suits . cl aims ,
demands , dam ages, losses, costs , c harg es and expenses of every nature and
kind whatsoever by whomsoever make bro ught or prosecuted , inc luding legal
fees , wh ich th e Landl ord may in cu r or have to pay, wh ich may ar ise either
directly or indirectly by re ason of any activity, actions , performance,
negligence or non-p erformance of the Tenant, its employees, se N ants ,
agents, co ntractors . sub con tractors, arch itect, landscape architect , engin ee r ,
s uNeyor , plann er, co nsultant, project m anager or any other person the Tenant
is responsib le for at l aw durin g the duration of thi s Agre ement ; in executi ng
th e Wor ks und er this Ag reement ; by reaso n of installation of any Works
required under this Agreemen t; by the fa ilure of the Tenant to co mplete th e
ins tallation of th e Works required und er this Agreement; because of or on
account of th e owner ship , const ru cti on, use existence. or mai ntenan ce of the
propert y described in the Agreement ; by th e exe rcise of the Tenant's powers
under this Agreemen t; the co nstructio n, maintenan ce or the improp er or
inadequ ate co nstruc tio n, in stallation and/or maintenance of th e Works ; any
act or omiss ion of said parties while undertaking the Works ; or by reason of
the neg ect of th e Tenan t or its emp loyees, seNants , age nts , contracto r s,
Tenant 's 1niti a1s,£_f___
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subcontractors or others for whom th e Tenant is responsibl e at law .
(ii) Without limiting the generality of the foregoing , the Tenant agrees to indemnify
and save harmless the Landlord for any issues re la ted to the alteration of any
grade or existing level construction, the maintenance or repair of any taxiway
within the Airport , or by reason of the failure , neglect or omission of the Tenant
to do anything agree d to be done pursuant to this Agreement or by reason of
any act or omission of th e Tenant, in cluding failure of the Tenant to comply
with the Construction Act.
(6) Additional Rent shall be payable yearly in advance on the same dates stipulated for
paym ent of Base Rent in Section 3 (2).
(7) All payments to be made by the Tenant pursuant to this Lease are to be in Ca nadian funds
by bank draft, money order or cheque payable to the Landlord and shall be delivered to
the Landlord at the Landlord 's address for service set out in Section 17 or to such other
place as the Landlord may from time to time direct in writing .
(8) All Rent in arrears and all sums paid by the Landlord for expenses incurred which should
have been paid by the Tenant shall bear interest from the date paym ent was due , or made,
or expense in curred at a rate per annum equal to the prime commercial lending rate of the
Landlord's bank plus two (2) per cent.
(9) The Tenant acknowledg es a nd agrees that th e payments of Rent and Additional Rent
provided for in thi s Lease s hall be made without any dedu ction for any reason whatsoever
unle ss expressly allowed by the terms of this Lease or agreed to by the Landlord in writing
and no partial payment by the Tenant whi ch is accepted by the Landlord shall be
considered as other than a partial payment on account of Rent owing and shall not
prejudice the Landlord's right to recover any Rent owing .
4. TERMS AND POSSESSION
(1) The Tenant shall have possession of th e Lea se d Premises for a period of twenty yea rs ,
eight months (the "Term "), commencing on the 30 day of April , 2021 and ending on th e 151
day of January, 2042.
(2) The Tenant shall pa y any and all co nn ecti on cos ts for hydro , gas, water, heating , air-
co ndition ing and for all other services and utilities as may be provided to the Leased
Premises . The Tenant s hall arrange with the local authority for co nn ecti on of gas,
electri city and water in th e name of th e Te nant. Nothing in this pa rag rap h or l ease is a
warranty or represe ntation by the Lan dl ord that an y utilities or services are extended to the
Leased Premises or ca n be extended to the Lea sed Premises.
(3 ) Subj ect to the Landlord 's rights under this Lease, and as long as th e Tenant is in good
stan ding , th e Landl ord covenants that the Tenant sha ll have quiet e njoym ent of th e Leased
Premises during the Term of thi s Lease without any interrupti on or disturbance from the
Landlo rd or any other pers o n or persons lawfully claiming through the Landlo rd .
5. ABATEMENT OF RENT DURING CONSTRUCTION PERIOD (Not Applicable I Existing
Hangar)
(1) So long as th e Lease has been fully executed, the Tenant ha s provided th e Landlord with
proo f of t he T enants insurance, and th e Tenant ha s pai d th e fir st and la st month's Rent to
be held as a dep os it , th e Land lord sha ll provide th e Tenant with possession of the Leased
Premises for a period of up to s ix (6) months co mmencing on th e Effective Date for the
purposes of co nstru ct ing th e Hanga r on th e Leased Premises . All term s of the Lease shall
be applicable from the Effective Date save and except f or the payment of Rent , Ba se Rent
an d Add itional Re nt wh ich s hall be payable as of th e first d ay of the month of occupancy
of the Hang ar or the exp iry of the s ix (6) month co nst ructio n period wh ic hever occurs first.
(2 ) In the event th e Tenant has not co mpl eted construction of the H angar within the s ix (6)
mont h co nstru ction period, th e Landl ord , in it s so le and absolute discretion. may extend
th e co nstru cti on period upon wr itten request of th e Tenant or terminate this Lease of which
th en the Tenant's deposit provided in Section 5 (1) would be forfei ted .
6. ASSIGNMENT
(1)
La nd lord 's lniti a
The Tenant s hall not ass ign th is Lease or sublet th e whole or any part of the Leased
Pre mi ses unless th ey first obtai n the consent of th e Lan dlo rd in writing. which co nsent shall
not unrea sona bly be withh e ld and provided th e sub-Tenant andfor assignee signs a written
acknowledgement that hefs he will be bound by the terms , co nditions and rul es as provid ed
fo r i this Lease. T he Te nant here by waives its r ig ht to the benefit of any present or future
Ac of th e Legisla ture of Ontario whi ch would permit th e Tena nt to assig n th is Leas e o r
s u let the Lea sed Premi ses without the Landlord 's co nse nt.
Tenant's Init ial s il
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(2) The consent of the Landlord to any ass ignment or subletting shall not operate as a waiver
of the necessi ty for consent to any subsequent assignment or subletting.
(3) Any consent given by the Landlord to any ass ignment or other disposit ion of the Tenan t's
interest in this Leas e or in the Leased Premises shall not reli eve the Tenant from its
obligations under this lease , includ ing th e obligation to pay Rent, Base Rent and Additional
Rent as provided for herein .
(4) If all or more than 50% of the shares in the Tenant should be sold , assigned or transferred
in any manner to a person other than the Tenant , then such transferee shall be bound by
the term s and conditions of this Lea se.
7. USE
(1) During the Term of this Lea se the Leased Premises shall not be used for any purpose other
than as an aircraft hangar for th e storage , repair and operation of airplanes, without the
express consent of the Landlord given in writing . The Tenant shall not co nstruct a new
hangar or any other building on the Leased Premises except in acco rdance to the terms of
this Lease .
(2 ) The Tenant shall not do or permit to be done at th e Leased Premises anything which may:
(a) co ntravene any Airport use, standards , or tenant policy as established by the
Landlord from time to time ;
(b) cause damag e to the Leased Premises ;
(c) cause injury or annoyance to occupants of neighbouring premi ses ;
(d) make void or voidable any insurance upon the Leased Premises;
(e) constitute a breach of any by-law , status, order or regulation of any municipal ,
provincial or othe r competent authority relating to the Tillsonburg Airport , the
Leased Premises includ ing any septic bed or other property, equipment or
appurtenances; and ,
(f) create an environmental hazard . The Tenant shall not store, allowed to be stored
or do anything that creates hazardo us wa ste or toxic material as defined by the
Environmental Protection Act or any related or successor legislation . If an order is
made by any level of government, inc lud ing all agencies, crown co rporations .
municipa l bodi es , or a court is made as a result of the Tenant's, or its serva nts ,
director s, employees , invitees , customers or age nts, actions or in action under thi s
Article or Article 7(2)(e) above or as a re sult of the septic bed sys tem used by the
T enant then th e Tenant shall sa tisfy the term s of such order includ in g, but not
limited to , paying all costs of th e work required and shall ind em nify and save th e
Landlord harmless from any cos ts, includ ing lega l cos ts, if th e Landlord s uffer s any
dam ages or pays any costs associated with such order .
(3) The Tenant shall:
(a) not interfe re in th e use of the Airport or any other use of th e Property . T he Tenant
acknowledges that there are other uses of the Property and it shall not interfere in
any other use of th e Property . The T enant further acknow ledges that there are
other Tenants and user s of th e Airport and it shall not unreaso nably interfere in th e
use or operation of the Airp ort in any mann er nor shall it do , or allow to be do ne by
any of its invitees. custome rs, employee s or agen ts, anything th at would ca use or
co nsti tute a nui sa nce , sa fety violation or hazard to any oth er Tenant or any user
of the Airport who ar e act ing reasonably ;
(b) co mply with all federal and pro vincial transportatio n guidelines , regu lati ons , rul es .
by-laws, sta tutes , directives and any other such matter that gove rn s the flight . use
or opera tion of airc raft;
(c) not block or obstruct the ta x iways or runway and permit the ingress and egress to
adjace nt hangars , aprons and parking areas;
(d ) not conduct any major repa irs to any moto r vehicle of any kind other than an aircraft
or any ve hic le or machinery ancillary to or connected with aircraft ;
(e) not perform aircraft repair or mai ntenance outside of the Leased Premises ;
(f) not sta rt any aircraft in th e Hangar;
(g) not sto re any items on th e Lease d Premises , surrounding Property or in the H ang ar
ot her than aircraft an d related aircraft items except as spec ifica lly permitted in this
ag ree ment ;
(h) not store any flamm ab le products in side th e Ha ng ar or on the Leased Premises
with the excepti on of fu el or necessa ry a ircraft related products ;
(i) notify the La ndlord of any public activities and/or events no less th an thirty (30)
days before such activity an d/or ev ent with a pproval by th e Land lord , in its sole
and absolute discretion and su ch app roval not to be unreasonab ly withheld ;
U) co mply with all ru les and regulations of th e Airport and ensure the co mp liance of
all the Tenant's co ntra ctors . employe es , agents , c ustomers and invitees ; and ,
(k) provid e proof of documentation showing c urrent and proper insurance cove rage of
any aircraft stor ed insid e th e Hangar.
(4) Tenant covenants and agrees that the Land lord may req uire th e adjustment in the
ort lea ses and as such may dema nd the Tenant move the Hanga r and the location of
Tenant 's Initi al s il__
5
the Leased Premises. The Landlord shall compensate the Tenant for any expenses in
moving the Hangar as agreed between the Parties.
(5) The Tenant sha ll be permitted to construct and maintain one (1) aircraft hangar (the
'Works") on the Leased Premises as fo llows: (Not Applicable I Existing Hangar)
(a) the dimensions of the Existing Hangar is 56 feet by 60 feet for a tota l floor area of
3360 , the half of the hangar for this lease agreement is 28 feet by 60 feet for a total
floor area of 1680 square feet ,
(b) the style of the Hangar shall be either a po le barn style build ing or a metal frame
building: (Not Applicable I Existing Hangar)
(c) the siding, siding colour, roof colour , hanger number, and height of the building wi ll
be maintained in accordance with current Airport standards as approved by the
Land lord ; (Not Applicable I Existing Hangar)
(d) the hangar apron sha ll be constructed of a hard surface (i.e. asphalt or concrete)
with a minimum 300 mm (12") structural sub-base to the satisfaction of the
Land lord; (Not Applicable I Existing Hangar)
(e) any construction or renovation sha ll comply with the construction requirements of
the Land lord in its sole and absolute discretion including the construction
requirements detailed in Schedu le "B" to this Le ase and all applicable building code
standards and by-laws of the municipality in whi ch the Leased Premises are
located and any fe deral or provincia l statute s, rule s or regulations ; (Not
Applicable I Existing Hangar)
(f) prior to the commencement of constru ction , the Tenant shall submit , at its sole
cost, a s ite plan and drainag e/grading pl an whi ch shall includ e, but not limit ed to ,
the in formation required in this Article 7(5) of this Lease and the proposed floor
e levation, which all shall be subject to the approva l of th e Landlord ; (Not
Applicable I Existing Hangar)
(g) the Tenant agrees to maintain the lot grading during and after construction and
erection of the Hangar and sha ll co mply with the l ot grading and drainage
requirements of the Landlord at the sole cost of the Tenant : (Not Applicable I
Existing Hangar)
(h ) obtain all necessary permits, as applicab le, at the expense of the Tenant; and.
(i) the Tenant shall be responsible for and pay the cost of all r epa ir, renovati on. and
maintenance and nothing in this Lease shall render the Land lord responsib le for
any s uch cos ts. (Not Applicable I Existing Hanga r)
(6) T he Landl ord acknowledges that it has granted access to th e Tena nt for th e Tenan t to
maneuver its aircraft from the Hangar to th e adjacent taxiway and runway of th e Airport .
Further, the Landlord hereby grants to th e Tenan t, it s successors and ass ign s, free and
uninter rupted access in . over, upon , across or through the Hangar a pron area, define d as
5 metres wide and 7 metres from the front of the H anga r to the adj ace nt taxiway G2 to the
West. The Landlord grant s to the Tenant the ri ght to enter up on the Hanga r apron ar ea at
all tim es and to pass and re-pass th er eon as ma y be r eq uired by th e T enant , an d its
li ce nsees. successors. assigns , servants , agents, emp loyees an d contractors including all
necess ary veh icles, equipment and mach in ery, from time to time , for th e purposes of
insta lling, maintaining , replacing , a nd reconstru cting a suitable surface treatment to the
Hang ar apron as approved by the Landlord in its so le and absolute discretion . Any cost of
insta lling, r emoving , maintaining , replacing and /o r reconstru cting th e Hangar apron s hall
be at the sole expense of the Tenant without contribution of th e Landlord . The Tena nt
cove nants th at it shall not co nduct such work to the Hangar apron without first obtaining
th e co nse nt of the Landlord and such c on s ent shall not be unrea sonably withheld . The
Tenant hereby r eleases the Landlord from any and every clai m whi ch may or mi ght ari se
out of the proper exe rcise by th e Te nant of any of th e rights granted here in .
8 . CONSTRUCTION IMPLEMENTATION SCHEDULE (Not Applicable I Existing Hangar)
(1 )
(2)
(3)
Landlord's lni
T he Tenant here by und ertakes to complete th e work herein in accord ance with the
timeframes set out in the Sched ule "C" (the "Co nstruct ion Sched ul e"). T he Tena nt sha ll
s ubmit a proposed constru ction schedule which shall be subject to ame ndm ents and
approva l by th e Landl ord and attached hereto as Schedule "C". A variance to the
time fram es wi ll only be allowed if approved in writing by th e Landlord . Failure to co mp ly
may result in the Tena nt bei ng in defaul t of thi s Agreement and th e Landl ord may seek
remedy pursuant to this Agreement.
The Land lord appro ved work shall be ca rri ed ou t by the Tenant in a proper an d professional
manner so as to do as littl e dam age or disturbance as poss ibl e to th e Airp ort land s or th e
Airport's infrastructure. The Tena nt shall r epair and make goo d all damage and disturbance
that may be ca used to the Airport lands or the Airport's infr as tru cture. to th e sa ti sfaction of
the Landlord , act in g reasonably, at the sole expe nse of th e Tenant .
rin g co nstructio n, th e works to be ca rri ed out by th e Tenant, shall be ma intai ned in all
~spects in a state of good repair by the Tena nt, including keeping the site in a sound , nea t,
afe and clean co ndition to the sa ti sfaction of the Land lord . If the site is not kep t in a state
T enant 's lniti al sil__
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of good repair , upon seven (7) bus iness days written notice to the Tenant (or such shorter
time as may be required in the case of an emergency or other urgent matters or as
otherwise provided herein), the Landlord shall have the right to do any work necessary to
fulfill this condition and all costs incurred by the Landlord shall be re covered from the
Tenant and may be recovered as Additiona l Rent.
9. REPAIR AND MAINTENANCE
(1) The T enant co venants that during the te rm of this Lea se and any re newal thereof, the
Tenant shall keep the Lea sed Premises and Hangar in good condition in cluding all
alterations and additions made thereto , and shall , w ith or without notice, promptly make all
needed repairs and all necessary repla cements as would a prudent owner. The Te nant
sha ll be re sponsible for all wear and tear to the Hangar and shall affect all repairs as
necessary. Save and accept th e Landlord's, or its agent 's, contractor's and employee's
negligence or intent iona l actions, at no t im e is the Landlord responsib le for any repa i rs or
damage to the Hangar or the Leas ed Premises .
(2) The Tenant shall permit the Landl ord or a person authorized by the Land lord to enter the
Leased Premises including the Hangar to examine th e cond ition thereo f and view the state
of repair at reasonable times:
(a) and if upon such examination repairs are found to be necessary, written notice of
the repairs required sha ll be given to the Tenant by or on behalf of th e Landlord
and the Tenant shall make the necessa ry repa irs within the time specified in the
notice ; and ,
(d) if the Tenant refuse s or neg le cts to keep the Leased Premises inc lu ding the
H angar in good r epa ir the Landlord may, but shall not be obliged to , make any
necessary repairs , and shall be perm itted to enter the Leased Prem ises and
Hangar, including by its servants or agents , for the purpose of effecting th e repa irs
without being liable to the Tenant for any loss, damage or inconvenience to the
Tenant in connection with the Land lord's entry and repairs. If the Landlord makes
such repairs the Tenant sha ll pay the cost of them imm ed iately as Additional Rent.
(3) Subject to any renewal , upon th e expiry of th e Term or other determination of thi s Lease
the T ena nt ag rees to surre nd er peaceably the Leased Pr em ises to th e Landlord in a state
of good repair and s ubject to the conditions co ntain ed in th is Articl e 9(3). The Tenant may
remove the Hanga r provid ed th e Tenant places th e Leased Premises back into a similar
co nditio n as it was in prior to th e cons truction of th e H angar eve n if t he constru ction of th e
Hangar predated this Lease. At any tim e during the Term , expiry of the Term, if an Act of
Default occurs or upon termination of thi s Lea se if the Tenant is in arrears of any rent
whatsoever the Tenant ag r ees th at th e Landlord shall be permitted to register such lien on
the H angar under th e Personal Property Security Act and possession of th e Han gar w ill
not be obtained by th e Tenan t until the li en is pa id i n full with all accrued interes t and le gal
fees .
(4) The Tenant shall imm ediate ly give writte n noti ce to the Landlord of any substa ntial damage
that occurs to th e Leased Premises in cluding th e H angar from any ca use.
(5) T he Tenant hereby agrees that at no tim e is the Land l ord respons ib le for any d amage,
including damage to property or persona l injury, as a re sult of th e Tenant's use of th e
Leased Premises, Airport o r Property and the Te nant hereby waives an y ca use of action
in l aw , equity or by statute as against the Landlord for any loss . The Tenant acknowledges
that it shall not ins titute any claim or make any demand agai nst th e Land lord , or anyone
that m ay claim indemnity from th e La ndlord , for any perso nal injury or damage to propert y,
including aircraft, as a result of th e Tenant's use (including storage) of th e Hangar, Airport
or Property. T he T ena nt acknowledges that the use of the Airport, Hangar or Property is
at its own r isk.
(6) The Tenant hereby forever releas es th e Landlord from any and all claims in law , equity or
by st atute as a result of any intentional or negligent acts of any oth er Tenant and/or user
of the Prope rty and/or Airport, or th eir agents , contractors , invite es , custom er s or
employees that m ay cause death, personal injury or property loss to the Tenant or its
agents , customers, employees, co ntractors or in vitees.
10 . ALTERATIONS AND ADDITIONS
(1) If the Te nant, during th e Term of this Lease or any re ne w al of th e Lease, desires to make
any alte rati ons or additions to t he Lease d Pr emises, incl uding but not li mi ted to; erecting
partitions , attaching equipme nt , and installi ng necessary furnishing s or addition al
eq uipment of t he Tenant's busine ss but not including erecting a new hangar or an y other
accessory building , th e Tenant may do so at his own expense provided that any and all
alter on s or additions to th e Leased Premises m ade by the Tenant must comply with any
· eme nt of the Land lord includ ing Schedule "B'' and all appli ca ble bu ilding cod e
dard s and by-laws of the municipality in which the Leased Premises are loca ted and
T enant 's I nitial s il
7
any fed eral or provincial statutes , rules or regulations .
(2) The Tena nt shall pay Rent at the rate prescribed in paragraph 3 above based upon the
area of the Hangar subsequent to any addition or alteration.
(3) The Tenant sha ll be responsible for and pay the cost of any alterat ions , additions ,
installations or improvements that any governing authority , municipal. provincial or
otherwise , may require to be made in , on or to the Leased Premises.
(3) No sign. advert isement or notice shall be insc ribed , painted or affixed by the Tenant, or
any other person on the Tenant's behalf. on any part of the outside of the Hangar unless it
is located along the facade of the Hangar's front and provided it co mplies with the
Landlord's signage requirements and with all applicable laws, by-laws and regulations and
is in good workmanlike manner. No other sign , advertisement or notice shall be erected
unless it has been app ro ved in every respe ct by the Landlord in writing .
(4) The Tenant agrees . at its own expense and by wh atever means may be necessary,
immediately to obta in th e relea se or di sc harge of any encumbrance that may be registered
aga inst the Landlord 's property in connection w ith any additions or alterations to the
Leased Premises made by the Tenant or in connection w ith any other act ivity of the Tenant.
(5 ) The Tenant shall , at his own expense, if requested by the Landlord , remove any or all
additions or improvements made by th e Tenant to the Lea se d Premises during the Term
and sha ll repair all damage caused by the insta ll ation or th e removal or both.
(6) The Tenant sha ll not bring onto the Leased Premises or any part of the Leased Premises
any mac hinery , equipment or any other th ing that might in the op inion of the Land lord , by
reason of its hazardous nature , we ight, size or use , damage the Leased Premises or the
Property . If the Leased Premi ses or Property are damaged the Tenant shall restore the
Leased Premises or Property immediately or pay to the Lan dlord the cost of restoring the
Leased Pre mises or Property.
11. INSURANCE
(1) The Tenant covenants to keep the Landlord i ndemnified and save harmless the Landlord
at all tim es ag ainst all claims , suits , procedures, actions and demands (including but not
li mited to all lega l cos ts) whatsoever an d howsoever arising by any person , entity or
corporation whether in respect of dam age, loss or dea th to pers on or property, arising out
of or occasion ed by th e maintenance . use or occupancy of th e Leased Premises, Airport
and Property or th e s ubletting or assignment of same or any part thereof. And the Tena nt
furth er cove nants to ind emnify the Landlord wi th respect to any encumbrance on or
damage to the Lease d Premises occas ioned by or ari sing from th e act, defa ult. or
negligence of th e Tenant, its office rs, agents, serva nt s, emp loyees, contracto rs,
c ustomers , in vitees or licensees . The Tenant agrees th at the forego ing indemnity shall
s urvive the termination of this Lease notwith standing any provisions of th e Lease to the
contrary.
(2) T he Tenant shall ca rry ins urance in it s own name in suring against th e risk of damage to
the Te nant's property and the Hang ar within th e Lease d Premi ses caused by fire or other
peril s.
(3) The T ena nt shall ca r ry suc h genera l li abi lity and property damag e insuran ce includ ing
personal injury and prop erty dama ge co verage with at least two million ($2,000 ,000 .00)
doll ars in limits of each occurrence wi th respect to the Leased Pr emises and T enant's
occupation of the Leased Premises . Such in sura nce po licy s hall co nt ain no airport site
exclusion .
(4) All in surance po licies in this Section 11 includin g this Article shall nam e the Landl ord .
wh ere applica ble, as an in sured and l oss payee an d th e policy shall in clude a cross -liability
end orse ment. All po lic ies shall be appli ca ble as primary in surance, taking precede nce
over any other in sura nce protection owned by the Landlord . The Te nant s hall ins ure that
each in surance poli cy co ntai ns a waiver of subrogatio n rig ht s which th e in surer may have
aga inst the Land lord and the persons for whom is lega ll y res ponsib le.
(5) Upon demand of the La ndlo rd , the Tenant s hall provide a co py of any a nd all poli cies of
in surance including renewa ls and terms of suc h polic ies to th e Landlord . If any policy of
in surance is ca nce led the Te nant shall inform th e Landlord with out delay of such
cance llation and sha ll obta in a replacement policy without delay on th e same term s as set
out in this Section 11 . Under no circum stances shall delivery of and review by the Landl ord
of any ce rtifica te set forth or any ins urance polic y or any other proof of exis te nce of th e
in surance co vera ge release th e Tena nt of its obligations to take out insurance in strict
comp liance with th e present provisions or consti tute a wa iver in favour of th e Te nan t of any
of the Landlord's r ig hts.
12. ACTS OF FAULT AND LANDLORD 'S REMEDIES
Tenan t's l nitial g
8
(1) An Act of Default has occurred wh en :
(2)
(3)
(a) the Tenant has failed to pay Rent for a period of 45 consecutive days from the date
that payment was req uired to be paid to the Landlord ;
(b) the Tenant has breached it s covenants or failed to perform any of its obligations
und er this Lease for a period of 45 consecutive days and:
(i) the Land lord has given ten (10) days' notice speci fy in g the nature of th e
default and the steps requi red to co rre ct it; and ,
(ii) the Tenant has failed to correct the default as requi red by the notice;
(c) th e Tenant has:
(i) become bankrupt or insolvent or made an ass ign ment for the benefit of
creditors;
(i i) had its property seized or attached in satisfaction of a judgment;
(i ii) had a receiver appointed ;
(iv) committed any act or neglected to do anything with the result that a
Cons tru ction Lien or oth er encumbrance is registered against the
Landlord 's property ; or,
(v) taken action with a view to dissolution or liquidation ;
(d) any required insurance policy is cance lled or not renewed by reason of the use or
occupati on of the Leased Premises , or by rea son of non -payment of premiums ;
(e ) the Leased Prem ises :
(i) has becom e vacant or rema in unoccupied for a period of 180 consecut ive
days. For the purposes of this section the Parties agree that the terms
"vacant and "unoccupied" s hall mean no use or utilization of the Hangar
an d/or no storage of necessary tools , implem ents or equipme nt in th e
Hangar; o r,
(ii) is used by any other person or persons , or fo r any other purpose th an as
provided for in this Lea se without th e written consent of th e Landl ord ;
(f) failure to in stall or remedy faulty work ,
if, in the opi nion of th e Landlord the Te nant :
i. is not proceeding or ca using to be proceeded th e works r eq uired in
connecti on with this Agreem ent within thirty (30) days of notice given; or
ii. is imprope rl y performing the work s; or
iii. ha s neg lected or abandoned before th e co mpleti on , or un reaso nably
del ayed th e sa me, so that conditions of thi s Agree ment are bei ng violated or
carelessly executed or being carried out in bad faith ; or
iv . has negle cted or refused to renew or aga in perform such work as may be
rejected by th e Landlord as defe ct ive or uns uitable; or
v. has defaulted performance of th e terms and co nditions of thi s ag ree men t;
th en , in any s uch i nstance , the Landlord shall promptly notify the Te nant, in wr iting , of suc h
default or neglect an d if such notifi ca tion be without effect wi thin ten (10) bu siness days
after such noti ce, th e Landl ord shall th ereupon have full authority and power to purchase
mate rials and employ workers and machin es for th e proper co mp le ti on of the work s at th e
cos t and expense of the Te nant. Th e cost of such work s hall be ca lculated by th e Landlord
whose decision shall be fina l and be pa id to the Landlord by th e Tenant on
demand . Sho uld payment not be received foll owing th e i ss uance of an invoice from the
Landlord , th e Landlord shall co llect sa me as Add itiona l Rent in addition to any other
re medy ava il abl e to the Landlord .
It is furth er under stood a nd ag reed between th e parties hereto that s uc h entry upon the
Premise shall be as an agent for th e Te nant and shall not be dee med , for any purpose s
wh atsoever, as an acceptance of th e wo rk s by th e Landlo rd .
When an Act of Default on the part of the Tenant has occurred :
(a) th e c urrent year's Rent toge ther with th e ne xt years' Rent s hall beco m e due an d
payable immediate ly ; and ,
(b) th e Land lord shall have th e ri ght to terminate this Lease and to re -e nter the Leased
Pr em ises and deal w ith them as it may choose.
If, because an Act of De fau lt has occurred , th e Land lord exerci ses its right to terminate thi s
Lease and re -en ter the Lea sed Premises prior to th e end of th e T erm . th e Tenant shall
neverthele ss be liable for payment of Rent and all other amounts payabl e by the Tenant
·corda nce with th e provisions of th e Lease unti l th e Landlo rd has r e-let th e Leased
ises or oth erwise dea lt with th e Leased Pre mises in su ch man ner that the cessa ti on
ayme nt s by th e Tena nt will not result in loss to the Landlo rd and the Tenant agrees to
Tena nt"s In itial s il
9
be li able to th e Landlord , until th e end of the Te rm of this Lease for payment of any
difference betwe en the amount of Rent hereby agreed to be paid for the Term hereby
granted and the Rent any new Tenant pays to the Landlord.
(4) If when an Act of Default has occurred , the Landlord chooses not to terminate the Lease
and re-e nter the Leased Premises, the Landlord s hall have the right to take any and all
necessa ry steps to rectify any or all Acts of Default of the Tenant and to charge the costs
of such rectification to the Tenant and to rec over the costs as Rent.
(5) If, when an Act of Default has occurred , the Landlord chooses to waive it s right to exercise
the remedies available to it under this Lea se or at l aw the waiver shall not co ns titute
co nd onati on of the Act of Default, nor shall the wa iver be pleaded as an estoppel against
the Landlord to prev ent his exercising his remedi es with re spect to a subsequent Act of
Default. No covenant , term , or co ndition of this Lea se shall be deemed to have been
waived by the Landlord unle ss the waiver is in writing and signed by the Landlord.
13. TERMINATION UPON NOTICE AND AT END OF TERM
(1) If th e Lea se d Premi ses and/or Property are subject to an Agreement of Purchase and Sale:
(a ) The Landlord shall have the right to terminate this Lease, notwithstand ing that the
Term has not expired, by giving ninety (90) days ' notice (the "Notice ") in writing to
the Tenant and , at the Tenant's option, the Landlord shall pay to the Tenant the
fair market valu e for the Hangar or the Tenant agrees to rem ove th e Hangar and
co mply with Articles 9(3) and 10(5) of this Le ase . Upon expiry of the Notice th e
Tenant shall provide vacant po ssession of the Leased Premises provided the
Landlord pays to the T enant a bonus of $500.00. Fo r the purposes of this Article
and Articles 13(3) and 13 (4) fair market value shall be determined as of the date
of the issuing of the Notice.
(2) If the Tenant remains in possession of th e Leased Premises after termination of this Lease
as aforesai d and if the Landlord th en accepts R ent for the Leased Premises from the
T enant , it is agreed that such overholding by the Tenant and acceptance of Rent by th e
Landlord sha ll create a monthly tenancy only but the ten ancy shall remain subje ct to all the
terms and co nd itions of thi s Lease exce pt those regarding the Term . T he Pa rt ies agree
th at if the Term is not renewed th en upon expiry of the T erm or if the Tenant is an
ove rholding tenant th en ei th er Party may terminate th e lease upon s ixty (60) d ays wr itt en
notice to th e oth er party and the Tenant shall comply with Art icles 9(3) and 10(5) of this
Le ase.
(3) Oth er than a termination of this Lease in accordance wi th Artic le 13(1) of th is Lease , the
Landlord sha ll . at any time and notwith sta nding that th e Term ha s not expired , have th e
unqualified ri ght to terminate thi s Lease upon one year's prior written notifica ti on (the
"Noti ce") if th e Leased Premises are req uired for any reason or purpose of th e Lan dlord in
which event the Landl ord shall pay to the Tena nt the fai r mark et value for th e Hangar, if
er ected by the Tenant, unless the Tenant agrees to remove th e Hanga r an d comply with
Artic les 6(3) and 7(5) of this Lease , and the Tenant s hall provide suc h v aca nt possession
upon the expiry of the Notice provided the Landlord pays to the T enant a bonus of $500.00 .
(4) The Parti es agree th at it is their mutual intention that at th e end of the Te rm of thi s Lease th e
lease shall be renewed upon such co nditions and term s as agreed betwee n the Parties . The
Parties further agree th at alth oug h it is their mutual intention to renew th e lease neverthel ess
either party may decide not to renew the lease for any rea so n. The Parties acknowledge that
upon such renewa l all terms and co nd it ion s shall be negotiated betw een the Pa rti es. If th e
Parties do not renew thi s Lease then th e Parti es agree that th e Landlord shall be granted the
Right of First Re fu sa l to purchase th e Hangar (the "O ption "). The T ena nt co venants th at it will
not sell the Hangar, or any part th ereof, to an y pe rson, firm or corporation , without first providing
th e Lan dlord to exercise its Option as set out in th e terms of this paragraph. Upon the T enant
re ce iving a bona fid e offer in writing (the "Third Party Offer'') the T enant shall deliver to th e
A irport O ffi ce, 244411 A irport Roa d, T ownsh ip of So uth -W es t Oxford, Ontario, a copy of the
Third Party Offer and the Land lord shall have twenty business d ays (th e "N otice Period ") from
the date of receipt of the Third Party Offer to exercise the Option to match th e T hird Party Offer.
If the Land lord exercises its opti on in th e N ot ice Period th en it mu st inform the Tenant at the
Property in writing th at it will purc ha se the Te nant's interes t in the Han ga r on the same terms
and condi ti ons. or more favourable ter ms to th e Te nant at the Landl ord 's discretion , as
co nt ained in the T hird Party Offer (the "Land lord's Offer''). If the Landlord exercises its Option
in th e Noti ce Period then the Tenant must sell th e Hangar to th e Landlord upon the terms and
cond itions as con tained in the Landlord 's Offer. If th e Land lord does not exercise its op ti on in
the Notice Period then the Tenant s hall be at lib erty to acce pt the Third Party O ffer provided
that there are no modifi cations to the Third Party Offer. If any modifications are mad e to the
Third Party Offer then th e Land lord s hall be permitted to exercise its option pursuant to the
terms of this paragraph. For th e purpose of this paragraph , if the Tenant is a corporat ion . the
word "s el ", in addition to its ordin ary meaning , s hall be deemed to mean and inc lud e a sa le or
disposi · of the co rporate sha reholding of th e Tenant by the person or persons who, at the
date e co mm encement of the lease holds or hold a majority of the co rporate shares .
T ena n t's Initia ls il__
10
Subject to the conditions contained in Article 4 of this Agreement. the Parties agree that prior
to the expiry of this Lease if the Tenant seeks to assign this Lease to a third party then the
Landlord will agree to examine a proposal to extend the term of this Lease however nothing in
this paragraph shall require the Landlord to accept any amendment of the term or new term .
(5) G9 hangar is jointly owned by two parties . each party has the first right of refusal of sale of their
half of the hangar to the other party prior to the Town being able to exercise it's rig ht to refuse
the sale to another party. The Town reserves the right to refuse either party if said party is in
legal proceeding against the Town .
14. ACKNOWLEDGMENT BY TENANT
(1) The Tenant agrees that it will at any time or times during the Term , upon being given at
leas t forty-eight (48) hours prior written notice , exec ute and deliver to the Landlord a
statement in writing certifying :
(a) that this Lease is unmodified and is in full force and effect (or if modified
stating the modifications and con firming that the Lease is in full force and
effect as modified);
(b) the amount of Rent being paid ;
(c) the dates to which Rent has been paid ;
(d) other charges payable under this Lease which have been paid ;
(e) particulars of any prepayment of Rent or security deposits ; and,
(f) particulars of any sub tenancies .
15. SUBORDINATION AND POSTPONEMENT
(1) This Leas e and all the rights of the Tenant under this Lease are subject and subordinate
to any and all charges against the land . buildings or improvements of which the Leased
Premises form part , whether the charge is in the nature of a mortgage , trust deed , lien or
any other form of charge arising from the financing or re -fina ncing , including extensions or
renewals , of the Landlord 's interest in the Property.
(2) Upon the request of the Landlord the Tenant will execute any form requi red to subordinate
this Lease and the Tenant's rights to any such c harge, and will , if required , attorn to the
holder of the charge.
(3) No subord ination by the Tenant sha ll have the effect of permitting the hold er of any charg e
to disturb th e occupation and pos sess ion of th e Leased Premise s by th e Tena nt as long
as the Tenant performs his obligations under this Lea se .
16. RULES AND REGULATIONS
The Tenant agrees on behalf of itse lf and all persons entering th e Lea se d Premises with the
Tenant's authority or permission to abide by such reasonable rule s , standards and reg ulati ons of
the Airport and /or Property which s hall form part of this Lea se a nd as the Landlord may make
and/or amend from time to time.
17. NOTICE
(1) Any notice required or permitted to be given by one party to the other purs uant to the terms
of this Lea se may be given
To th e Landlord at:
Tillsonburg Reg ional Airport
Attn: Airport Administrator
244411 Airport Rd
So uth-West Oxford , On
N4G 4H1
Fax: 519-842-3445
To th e Tenant at th e Leased Pr em ises or at:
Euclid Benoit
3525 Mossley Drive
Mossley , Ontario
NOL 1VO
(2) The above addresses may be changed at any time by giving ten (10) days written notice.
(3) Any notice given by one party to th e othe r in acco rdan ce with th e provi si ons of th is Lease
sha ll be dee med co nc lu sively to have been received on the date delivered if the noti ce is
ed personally or seventy-two (72) hours after mailing if the notice is mailed .
T enant's I ni ti als il
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18. REGISTRATION
The Tenant shall not at any time register notice of or a copy of this L ease on title to the Property of
which the Leased Premises form part without consent of th e Landlord.
19. INTERPRETATION
(1) The words importing the singular number only shall include the plural, and vice versa. and
words importing the masculine , feminine or neutral gender shall include the other genders.
and words importing persons shall include firms and corporations and vice versa.
(2) Unless the context otherwise requires , the word "Landlord" and the word 'Tenant" wherever
used herein shall be construed to include the executors, administrators, successors and
assigns of the Landlord and Tenant, respectively.
(3) When there are two or more Tenants bound by the same covenants herein contained, their
obligations shall be joint and several.
20. MISCELLANEOUS
(1) Unless otherwise stipulated, parking, if applicable, in the common parking area shall be in
common and unreserved .
(2) If a dispute should arise between the Parties in the interpretation of this Agreement then
both parties agree that such dispute shall be referred to binding arbitration and be bound
by the result of such arbitration. The terms, form and procedure of the arbitration shall be
in accordance with the Arbitration Act or any successor leg is lation. The parties further
agree that the arbitrator shall be jointly chosen and the arbitrator shall have the ability to
award costs of the arbitration. This c lause shall not apply if the Tenant is in default under
the terms of the Lease which include but are not limited to:
(3)
(4)
(5)
(6)
(7)
(8)
(a) its obligations to pay Rent, Base Rent and/or Additional Rent;
(b) non-re pair or maintenance of the Leased Premises;
(c) subleased the Leased Premises without the authorization of the Landlord.
acting reasonab ly;
(d) changed its use of the Leased Premises; or,
(e) used the Leased Premises in any manner contrary to Article 7.
In the event that any clause herein s hould be unenforceable or be declared invalid for any
rea son whatsoever. such enforce ability or invalidity shall not affect the enforce ability or
validity of th e remaining portions of th e covenants and such unenforceab le or invalid
portions s hall be severable from the remainder of this Lease.
This Lease shall be construed and enforced in accordance with the laws of the Province of
Ontario. Any proceeding sha ll be brought at the City of Woodstock in the County of Oxford,
Ontario.
The Tenant hereby agrees that it has had an opportunity to review the terms of this Lease
and seek independent legal advice.
Should any provision of this Lease require judicial interpretation or arbitration. it is agreed
that the court or arbitrator interpreting or construing the same sha ll not apply a presumption
that the terms thereof shall be more strictly constru ed against one party by reason of th e
rule of construction that a document is to be cons trued more stric tly against the party who
itself or through its agent prepared the same , it be ag reed that both parties h ave
p articipated in the preparation hereof.
This Lease and its schedules constitutes the entire agreement between the Parties h ereto
pertaining to the subject matter hereof and supersedes all prior and contempora neous
agreements. understanding s, negotiations and discussions, whether oral or written , of the
p arties and there are no warranties. representation s or other agreements between the
Parties in connection with the subj ect matter hereof, except as specifically se t forth herein.
No supplement, modification, w aiver or termination of this Lease sh all be binding unless
executed in writing by the Parties.
The Tenant agrees that it has not relied upon any representation. promise or warranty of
th e Landlord with respect to th e co nd iti on of the Leased Premises, Hangar or any
representation or promise of the Landlord to repair, renovate or otherwise alter th e Leased
Premises in any manner prior to or after commencement of the Term. The Parties agree
that th e Leased Premises are being offered to th e Tenant in an "as is " condition. The
Tenant shall not call on or demand th e Land lord to perform any r epairs or renovations prior
to or er it obtains possession. T he Tenant acknowledges that it has p erform ed it s own
due lig ence in establi sh ing the s ta te of repair of the Leased Premises including the
Ha
T enant's Initials il
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In Witness of the foregoing covenants the Landlord and the Tenant have exec
Witness
Per:
Landlord
Stephen Molna r . Mayor
t~ Lafl(il()f(j
Michelle Smibert, Clerk
The Corporation of the Town ofTillsonburg
We have authority to bind the Corporation.
Name: Euclid Benoit
Tenant
T enant 's l nitia l slj
13
Schedule "A"
THE "LEASED PREMISES"
Taxiway G1/G2 Hangar G9
West Half of Hangar 28 x 60 ft
Tena nt 's Ini ti als il
14
SCHEDULE "B" (Not Applicable I Existing Hangar)
CONSTRUCTION REQUIREMENTS
1. The Tenant shall construct an airplane hangar building with approximate dimensions of
XX feet wide by XX feet deep compromising a floor area of XXXX square feet.
2 . The Tenant covenants and agrees. notwithstanding any other statute, regulation or
provision regarding the federal government's authority to regulate the aeronautics
industry , to :
(a) obtain from the Landlord an Airport Development Permit prior to construction ;
(b) to pay to the Landlord a flat fee of $600 to administer the Airport Development
Permit;
(c) to construct the airplane hangar, and any other building that may be permitted , to
the standard of the Ontario Building Code, 0. Reg . 332/12 as amended or
replaced from time to time (the "OBC") and to the satisfaction of the Landlord in
its sole and absolute discretion , and;
(d) to ensure all persons retained by the Tenant have appropriate health and safety
policies, insurance and WSIB coverage .
3. The T ena nt shall provide to the Landlord the following in order to obtain an Airport
Development Permit and approval for use of the Leased Premises and hangar thereon :
(a) prior to construction, submission of:
1. all applicable fees;
2. 2 copies of a site plan showing the proposed location of the hangar and
dimen sions to the adjacent buildings ;
3. 2 copies of construction drawings (foundation plan , floor plan, building
elevations. diaphragm/truss bracing , anchorage, construction
details/finishes, etc.) stamp ed by a professiona l eng in ee r ;
4. 2 copies of th e truss drawings sta mped by a professional engineer; and
5. Comm itment to General Reviews form completed by both the building
owner and professional engineer;
(b) prior to occupancy and acceptan ce :
1. in spection of the construction and acceptance of same by the Landlord in
in re spect of co mpliance with the OBC , the terms of this Airport Lease
and all policies and rul es regulating the Tillsonburg Airport; and
2. submiss ion of all site reports (footing inspection , framing inspection ,
occupancy inspe cti on) and an occ upancy report from the professional
engi neer; and ,
(c) final approval:
1. provide a final report (verifying outstanding items not comp leted at
occ upan cy have been completed/corrected) from the professiona l
engineer if appli cable.
4. The parties covenant and agree that the Tenant is not req uired to obtain a build ing permit
from th e Townsh ip of So uthwest Oxford for constructio n of buildings on the Tillsonburg
Airp ort.
5. The Tenant covenants and agrees that failure to comply with the provisions of th i s
schedule shall be an event of default of thi s Lease and in the absence of remedying such
default. shall permit the Landlord to term in ate this Lease and seek any and all other
r ecourse aga in st th e tenant in such instance.
T enant 's Initial s il
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SCHEDULE "C" (Not Applicable I Existing Hangar)
CONSTRUCTION SCHEDULE
Provided by the Tenant prior to execution of the lease agreement and approved by the
Landlord.
Preliminary Construction Schedule: Start of Construction Insert date
End of Construction Insert date
Note: Tenant has expressed that a detai led construction schedule will be provided once
contractor and Tenant have finalized .
T e nam 's Ini ti a ls _fl_