3617 Schedule "A" - Lease Agreement - David Brandon operating as Tillsonburg Flying SchoolTHIS AGREEMENT made in quadruplicate this I D day of May, 2012.
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG,
hereinafter called the Lessor, of the First Part,
-and-
David Brandon, operating as the Tillsonburg Flying School,
hereinafter called the Lessee, of the Second Part,
AND WHEREAS the Lessor owns the Tillsonburg Municipal Airport, including the Air Terminal Building,
AND WHEREAS the Lessor is desirous of renting office space in the air terminal building to a qualified
operator to provide flight training services at the Tillsonburg Municipal Airport;
NOW THEREFORE THE PARTIES, in consideration of the mutual covenants and agreements hereinafter
set out, hereby agree as follows:
1. DEFINITIONS
a. "Office Premises" shall mean the Tillsonburg Municipal Airport auxiliary office space to
which this Agreement applies,
b. "Facility" shall mean the Air Terminal Building in its entirety.
2. LEASE TERM
The Lease Term is effective January 1, 2012 and ending December 31, 2014, unless terminated under
the provisions of Paragraphs 20 or 21, as applicable.
The Lease Term can be extended for an additional one (1) year upon receipt by the Lessor of written
notice thirty (30) days prior to lease expiration and subject to approval by the Lessor in their sole and
absolute discretion. If accepted by the Lessor within forty-five days, the same rates and terms shall
apply except that the contract be amended to extend the termination date.
3. RENT
The Lessor agrees to pay a gross lease amount of $2,760 per year ($230 per month), which includes the
156 square foot office, utilities, wireless internet access, furnishings (desk and chair), a maximum of one
airplane tiedown, and the occasional use of the boardroom for ground school but does not include
phone service.
4. ESCALATION
The gross lease amount shall be fixed, save and except an instance where the Lessor experiences a
significant increase in the costs related to the provision of the space. In this instance, the Lessor may, in
their sole and absolute discretion, pass the whole or a portion of these costs on to the Lessee by
providing sixty (60) days notice of the increases in writing.
5. HOURS OF OPERATION
The Lessee will be permitted to establish their own hours of operation and a key and passcode will be
provided to enable this operation.
6. TELEPHONE
The lessee may install a business line and point of sale machine at his/her expense. An existing system
has been installed in terminal and any connections will be made through this system.
The Airport telephone is for airport usage with only limited usage allowed.
7. WALLS
Walls are for airport usage. No advertising or paraphernalia are to be put on walls or hung from ceiling
without approval by the Airport Manager, in their sole and absolute discretion.
8. FACILITY CHANGES
No changes, installation of signage, renovations or capital improvements shall be made by the Lessee to
the office including walls and furniture without the written consent of the Lessor.
9. OTHER BUSINESSES
No other businesses are to be operated in conjunction with the flight school without prior approval by
the Lessor in their sole and absolute discretion.
10. REGULATION COMPLIANCE AND LEGISLATION
The Lessee shall ensure all services and products provided in respect to this Contract are in accordance
with and under authorization of all applicable authorities (Municipal, Provincial and Federal); including
but not limited to:
• The Occupational Health and Safety Act and its regulations
• The Workplace Safety & Insurance Act
• The Environmental Protection Act (Ontario) and its Regulations
The Lessor reserves the right to request authentic copies from the Lessee of any documentation
relevant to the aforementioned compliance requirements. Failure to provide may result in the
termination of the lease.
11. WORKPLACE SAFETY AND INSURANCE BOARD (WSIB)
If applicable, the Lessee shall be required to supply a Certificate from the Workplace Safety and
Insurance Board prior to the start of the contract and upon fourteen (14) days notice, if requested in
writing, during the life of the contract. The Certificate shall indicate that all of the assessments the
Contractor or any Subcontractor is liable to pay under the Worker's Safety Insurance Board Act or
successor legislation have been paid and that they are in good standing with the Board.
12. W.H.M.I.S. REQUIREMENTS
The Lessee must supply a supplier label and appropriate Material Safety Data Sheet under the
W.H.M.I.S. legislation and Hazardous Material Protection Act for all controlled products to be used in
conjunction with the lease and operation of the concession. Any controlled goods supplied without
appropriate data sheet and proper labeling will not be allowed on site and will be immediately removed
by the Lessee from the premises.
13. INSURANCE
The Lessee will maintain and pay for Commercial General Liability Insurance, which coverage shall
include premises and all operations to be performed by the Lessee, his/her employees, and/or agents.
This insurance coverage shall be subject to limits of not less than One Million Dollars ($1,000,000.00)
inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof for
any one occurrence.
The Corporation of the Town of Tillsonburg shall be named as an additional insured in respect of all
operations performed by or on behalf of the Lessee.
The Lessee shall provide a copy of any and all policies of insurance including renewals and terms of such
policies to the Lessor. The Insurance Policy shall not be altered, cancelled or allowed to expire or lapse,
without thirty (30) days prior written notice to the Lessor.
The Lessee shall be entirely responsible for the cost of any deductible.
14. LOSS OR DAMAGES
It is the Lessee's responsibility to maintain appropriate controls over the storage and safekeeping of
property belonging to the Lessee and/or their staff; including, but not limited to, all inventory and
monies maintained on the premises. The Lessor will not be liable for any loss or damage to the Lessee's
property stored on the premises, for any reason.
The Lessee shall also indemnify and save harmless the Lessor from and against all claims, demands, loss,
cost, damages, actions, suits or other proceedings by whomsoever made, brought or prosecuted by, or
attributed to any such damages, injury or infringement as a result of activities under this Contract.
15. DAMAGE CLAIMS
The Lessee shall be responsible for all damages caused by it, its employees, agents, any workers or
persons employed by it, or under its control, or arising from the execution of the Work, or by reason of
the existence, location, or condition of Work, or of any materials, plant or machinery used thereon or
therein, or goods supplied in execution of the Contract, or which may happen by reason of their failure
or the failure of those for whom they are responsible, to do or perform any or all of the several acts or
things required to be done by them under the Contract.
16. INDEMNIFICATION
The Lessee shall indemnify and save harmless the Lessor from and against all claims, demands, loss,
cost, damages, actions, suits or other proceedings by whomsoever made, brought or prosecuted by, or
attributed to any such damages, injury or infringement as a result of activities under this Contract.
17. EMERGENCY TELEPHONE NUMBER
The Lessee shall provide the Lessor with the name(s) and telephone number(s) of his/her
representative(s) who can be contacted on a 24-hour basis in case of an emergency during the term of
the Contract.
18. TOWN NOT EMPLOYER
The Lessee agrees that the Corporation of the Town of TillsonburgortheTillsonburg Regional Airport
are not to be understood as the employer to the flight school operator nor to the flight school
operator's personnel or staff for any work, services, or supply of any products or materials that may be
part of this contract.
19. NON-TRANSFERRABLE
This contract is not assignable, in whole or in part, except by written permission provided by the Town
of Tillsonburg in their sole and absolute discretion. Execution of the "Office Rental Agreement" is not to
be deemed as reason for provision of preferential treatment to the lessee in his/her use of the airport,
nor is there to be any inference, that the Lessor is under an obligation to enter into any other
agreements with the Lessee related to the airport. The Lessor will give equal consideration to all public
users of the facility including the Lessee.
20. TERMINATION OF THE CONTRACT FOR CAUSE
In the event of any material default in this agreement by the Lessee that is within the reasonable control
of the Lessee, the Lessor shall have the right to provide written notice of such default and demand that
the deficiency of program be rectified within five (5) working days or such longer period as may be
agreed upon by the Lessor. If the said default is not rectified or steps are not take to rectify the
situation according to the agreed upon plan, the Lessor shall be entitled to issue a written notice of
termination for cause with no less than thirty (30) days notice and all commissions outstanding shall be
payable to the Lessor within thirty (30) days from termination.
21. TERMINATION FOR CONVENIENCE
This agreement can be terminated by either party by giving notice, in writing, sixty (60) days prior to the
termination date or the expiration of the lease term. If this clause is invoked, all outstanding monies
shall be payable within thirty (30) days of termination.
22. INTERPRETATION
The terms and provisions of the Agreement shall be in accordance with the laws of the Province of
Ontario.
23. FORCE MAJEURE
Neither party shall be held liable for non-performance or damages if caused by events of Force Majeure,
which, without limiting the generality thereof, includes fires, floods, unusually severe weather or Acts of
God, and are beyond the reasonable control of a party, provided same shall not apply to delay or excuse
any financial obligation.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals.
SIGNED, SEALED AND )
DELIVERED in the )
Presence of ) THE CORPORATION OF THE
) TOWNOFTILLSONBURG
DATE
DONNA WILSON
CLERK
THE LESSEE
/'
DATE
DATEDAVID BRAN DON
OWNER
I have the authority to bind the corporation
THE LESSEE
APPENDIX A - AIR TERMINAL BUILDING FOOTPRINT WITH OFFICE SPACE