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3469 Schedule "A" - To Enter into a Lease Agreement with David Brandon (Tillsonburg Flying School)S^ Agreement to Lease Form5iiAssociate* Commetxial - Short Form for use in fhe Provlnce of Ontario This Agreement to Lease dated this... 3.r^...... .................................................................. day of.M?y. ............................................. 20..1.0............. TENANT Dayiid^^ ••••••"••••Ipyjpg'gQY^a'mes'df alfTenahts}*' LANDLORD T!?.?. .. . ....................................................................................... ...... ......^ The Tenant hereby offers to lease from the Landlord the premises as described herein on the terms and subject to the conditions as set out in this Agreement. 1. PREMISES: The "Premises" consisting of approximately..!.^.. ....... ........ ...square..???!-... .................. ...more or less on the. S^............. floor of the(feet/metres) ov^^ West Oxford ................................. ......^ Province of Ontario, as shown outlined on the plan attached as Schedule "A..............". 2. USE: The Premises shall be used only for..?.^^ 3. TERM OF LEASE: The Lease shall be for a term of.. .................................... .years ./........................... months commencing on the..!.?................................. ctayofJ?S?.............^ 4. RENTAL: At a rental of $..M?P.'PP........ ...................................... per annum, payable 1 stmonthly in advance, on the....................................... day of each month during the said term, plus GST/HST. 5. DEPOSIT AND PREPAID RENT: The Tenant delivere..yP.9?A9^(Herewith/Upon acceptance/as otherwise described in this Agreement) by negotiable cheque payable to..T!?.?..Corporation of.the Town of Tillsonburg »Deposit Ho|der« in the amount of..F!y.e.Hm(ired Twenty Canadian dollars (Can$..r.f~.V.:~.r...............................) to be deposited and held in trust as security for the faithful performance by the Tenant of all terms, covenants and conditions of the Agreement and after the earlier of occupancy by the tenant or execution of the Lease to be applied by the Landlord against the .5I?I................ ....... and. .!?.„...........................month's rent and GST/HST. If the Agreement is not accepted, the deposit is to be returned to the Tenant without interest or deduction. For the purposes of this Agreement, "Upon Acceptance" shall mean that the Tenant is required to deliver the deposit to the Deposit Holder within 24 hours of the acceptance of this Agreement. The parties to this Agreement hereby acknowledge that, unless otherwise provided for in this Agreement, the Deposit Holder shall place the deposit in trust in the Deposit Holder's non-interest bearing Real Estate Trust Account and no interest shall be earned, received or paid on the deposit. 6 ADDITIONAL TERMS Lease includes: Utilities, wireless internet access, and furnishings (desk and chair); Includes a maximum of two airplane tiedowns, the second of which must be approved by the Airport Manager prior to use; and, The use of the boardroom for ground school with actual dates/times subject to approval by the Airport Manager with the request made at least one week prior to use. SCHEDULES: The Schedules attached hereto shall form an integral part of this Agreement to Lease and consist of: Schedulefs)..^..*™.^?............................... ....7. 8. IRREVOCABILITY: This offer shall be irrevocable by.^.^L.......................until..?................... PM on the...?L.......................................(Landlord/Tenant) day of..y??y.................................................................... ...,20.. 7.V...................after which time if not accepted, this Agreement shall be null andafter which time if not accepted, this Offer shall be null and void and all monies paid thereon shall be returned to the tenant without interest or deduction. It is further understood that all representations by the Landlord or any of the Landlord's representatives are set out in this Agreement. 9. NOTICES: The Landlord hereby appoints the Listing Brokerage as agent for the Landlord for the purpose of giving and receiving notices pursuant to this Agreement. Where aBrokerage (Tenant's Brokerage) has entered into a representation agreement with the Tenant, the Tenant hereby appoints the Tenant's Brokerage as agent for the purpose of givingand receiving notices pursuant to this Agreement. Where a Brokerage represents both fhe Landlord and the Tenant (multiple representation), the Brokerage shall not be entitled or authorized to be agent for either the Tenant or the Landlord for the purpose of giving and receiving notices. Any notice relating hereto or provided for herein shall be in writing. In addition to any provision contained herein and in any Schedule hereto, this offer, any counter-offer, notice of acceptance thereof or any notice to be given or received pursuant to this Agreement or any Schedule hereto shall be deemed given and received when delivered personally or hand delivered to the Address for Service provided in the Acknowledgement below, or where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX No. .:..-.!. .............. (For delivery of notices to Landlord) FAX No^. ............................... (For delivery of notices tojenant) INITIALS OF TENANTS(S): (JQ & ^) INITIALS OF LANDLORD(S): © 2010, Ontario Real Estate Association ("OREA"). All rights reserved. This form was developed by OREA for the use and reproduction of te members and licenseesonly. Any other use or reproduction is prohibited except with prior written consent of OREA. Do not alter when printing or reproducing the standard pre-set portion. Form 511 Rev. 03/2010 Page 1 of 2 WEBFomis™ Mar/2010 10. EXECUTION OF LEASE: The Lease shall be prepared by the Landlord at the Landlord's expense, in accordance with the terms and conditions of this Agreementsubject to minor adjustments. The Lease will be signed and executed by both parties hereto prior to the commencement of work on the premises by either partyana prior to occupancy by the Tenant. 1 1. AGREEMENT IN WRITING: If there is any conflict or discrepancy between any provision added to this Agreement (including any Schedule attached hereto) and anyprovision in the standard pre-set portion hereof, the added provision shall supersede the standard pre-set provision to the extent of such conflict or discrepancy.This Agreement, including any Schedule attached hereto, shall constitute the entire Agreement between Landlord and Tenant. There is no representation, warranty,collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender ornumber required by the context. 12. LEGAL, ACCOUNTING AND ENVIRONMENTAL ADVICE: The parties acknowledge that any information provided by the broker is not legal, accounting,tax or environmental advice, and that it has been recommended that the parties obtain independent professional advice prior to signing this document. 13. BINDING AGREEMENT: This Agreement and the acceptance thereof shall constitute a binding agreement by the parties to enter into the Lease of the Premises and to abide by the terms and conditions herein contained. 14. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms of this Agreement. SIGNED, SEALED AND DELIVERED in the presence of:IN WITNESS whereof I have hereunto set my hand and seal: (Witness) (Witness) [Tenant or Authorized Representative) David Brandon (Tenant or Authorized Representative) (Seal) (Seal) DATE. DATE... o (Witness)(Guarantor)(Seal)DATE.. We/I the Landlord hereby accept the above Offer, and agree that the commission together with applicable Goods and Services Tax (and any other tax as may hereafter be applicable] may be deducted from the deposit and further agree to pay any remaining balance of commission forthwith. SIGNED, SEALED AND DELIVERED in the presence of: (Witness)+ (Seal)(Witness) (Landlordor Authorized Representative)Clerk - Donna Hemeryck CONFIRMATION OF ACCEPTANCE: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally accepted by all parties at........... a.m./p.m. . this...............day of.............................. 20......... ......................................................(Signature of Landlord or Tenant) INFORMATION ON BROKERAGE(S) Listing Brokerage............... ................................................................................................................... Tel.No.. Co-op/Buyer Brokerage........................................................................................................................ Tel.No.. TILLSONBURG ACKNOWLEDGEMENT 1 acknowledge receipt of my signed copy of this accepted Agreement and 1 authorize the Agent to forward a copy to my lawyer. (Lanalora1) .....:n....|.... .......................................................................... ..DATE.......................(Landlord) ................................................................... Tel. No........................................... Tel. No. FAX No. 1 acknowledge receipt of my signed copy of this accepted Agreement and 1 authorize the Agent to forward a copy to my lawyer. ..........................................................................................DATE........................(tenant) ...........................................................................................DATE.......................(Tenant) ................................................................... Tel. No....................................... ... Address.......................................................................................................... ... Tel. No. FAX No. FOR OFFICE USE ONLY COMMISSION TRUST AGREEMENT To:Co-operating Brokerage shown on the foregoing Agreement to Lease:In consideration for the Co-operating Brokerage procuring the foregoing Agreement to Lease, I hereby declare that all monies received or receivable by me in connection with the Transactionas contemplated in the MLS Rules and Regulations of my Real Estate Board shall be receivable and held in trust. This agreement shall constitute a Commission Trust Agreement as definedin the MLS Rules and shall be subject to and governed by the MLS Rules pertaining to Commission Trust. DATED as of the date and time of the acceptance of the foregoing Agreement to Lease.Acknowledged by: (Authorized to bind the Listing Brokerage)(Authorized to bind the Co-operating Brokerage) © 2010, Ontario Real Estate Association ("OREA"). All rights reserved. This form was developed by OREA for the use and reproduction of its members and licensees only. Any other use or reproduction is prohibited except with prior written consent of OREA. Do not alter when printing or reproducing the standard preset portion. Form 511 Rev. 03/2010 Page 2 of 2 WEBFonDS™ Mar/2010 SCHEDULE "A" - PREMISES THIS IS SCHEDULE "A" to the Lease Agreement between __________________ and the Corporation of the Town of Tillsonburg. Per: David Brandon THE CORPORATION OF THE TOWN OF TILLSONBURG / v Lessor S John Lessif, Mayor The Corporation of the Town of Tillsonburg I have authority to bind the Corporation. Lessor Donna Hemercyk, Clerk The Corporation of the Town of Tillsonburg I have authority to bind the Corporation. SCHEDULE "B" - ADDITIONAL CONDITIONS This Schedule is attached to and forms part of the Agreement of Lease between: LESSEE: David Brandon , and LESSOR: The Corporation of the Town of Tillsonburg for the lease of 156 square feet of office space in the Tillsonburg Municipal Airport Air Terminal Building dated the 3rd day of May, 2010. INSURANCE The Lessee covenants to keep the Lessor indemnified against all claims and demands whatsoever by any person, whether in respect of damage to person or property, arising out of or occasioned by the maintenance, use or occupancy of the Premises and Property or the subletting or assignment of same or any part thereof. And the Lessee further covenants to indemnify the Lessor with respect to any encumbrance on or damage to the Premises occasioned by or arising from the act, default, or negligence of the Lessee, its officers, agents, servants, employees, contractors, customers, invitees or licensees. The Lessee agrees that the foregoing indemnity shall survive the termination of this Lease notwithstanding any provisions of the Lease to the contrary. The Lessee shall carry insurance in his own name insuring against the risk of damage to the Lessee's property and the Hangar within the Premises caused by fire or other perils. The Lessee shall carry such public liability and property damage insurance including personal injury and property damage coverage with at least one million ($1,000,000.00) dollars in limits of each occurrence with respect the Premises and Lessee's occupation of the Premises. All insurance policies in this Section 8 including this Paragraph shall name the Lessor, where applicable, as an insured and loss payee and the policy shall include a cross-liability endorsement. Upon demand of the Lessor, the Lessee shall provide a copy of any and all policies of insurance including renewals and terms of such policies to the Lessor. If any policy of insurance is canceled the Lessee shall inform the Lessor without delay of such cancellation and shall obtain a replacement policy without delay on the same terms as set out herein. THIS IS SCHEDULE "B" to the Lease Agreement between _________________ and the Corporation of the Town of Tillsonburg. David Brandon THE CORPORATION OF THE TOWN OF TILLSONBURG Lessor John Lessif, Mayor