Regular Council Agenda Packet 2015-03-09Table of Contents
Agenda 2
Regular Council Minutes 2015-02-26
Regular Council Minutes 2015-02-26 6
Application for Consent/ Minor Variance (B15-05-7 & A15-01-7),
Dave & Cindy Mendler- 113 Brock St E.
B15-05-7 & A15-01-7 (CASPO 2015-59)14
2015 Premier's Award for Agri-Food Innovation Excellence
Program
2015 Premier's Award for Agri-Food Innovation
Excellence Program 27
Aurora Council Resolution-Bill 52-Protection of Public
Participation Act
Aurora Council Resolution-Bill 52-Protection of Public
Participation Act 29
Agriculture More Than Ever
Agriculture More Than Ever 31
Agriculture More Than Ever Attachments 33
Report DCS 15-15 Airport Hangar Land Lease (Canadian
Harvard Aircraft Association)
Report DCS 15-15 Airport Hangar Land Lease
(Canadian Harvard Aircraft Association)54
Lease-Canadian Harvard Aircraft Association 58
By-Law 3887 69
OPS 15-05 Results for Tender # T2015-001 Camdon Court /
Third St. Reconstruction
OPS 15-05 Results for Tender # T2015-001 Camdon
Court / Third St. Reconstruction 70
By-Law 3887
By-Law 3887 74
Confirming By-Law
Confirming By-law 3886 75
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1. Call to Order
2. Adoption of Agenda
Moved By: Seconded By:
Proposed Resolution #1
THAT the Agenda as prepared for the Council meeting of Monday, March 09, 2015, be
adopted.
3. Moment of Silence
4. Disclosures of Pecuniary Interest and the General Nature Thereof
5. Adoption of Council Minutes of Previous Meeting
5.1. Minutes of the Meeting of February 26, 2015
Regular Council Minutes 2015-02-26
Moved By: Seconded By:
Proposed Resolution #2
THAT the Minutes of the Council Meeting of February 26, 2015, be approved.
6. Planning Applications
6.1. Application for Consent/ Minor Variance (B15-05-7 & A15-01-7), Dave & Cindy Mendler-
113 Brock St E.
B15-05-7 & A15-01-7 (CASPO 2015-59)
Moved By: Seconded By:
Proposed Resolution #3
THAT Council advise the Oxford County Land Division Committee that the Town
supports the proposal to sever the subject property, described as Part Block A, Plan 507
The Corporation of the Town of Tillsonburg
COUNCIL MEETING
Monday, March 09, 2015
6:00 PM
Council Chambers
200 Broadway, 2nd Floor
AGENDA
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March 9, 2015 Council Meeting – Agenda - 2 -
in the Town of Tillsonburg, municipally known as 113 Brock Street East, subject to the
conditions set out in Report No: CASPO 2015-59.
7. Information Items
7.1. 2015 Premier's Award for Agri-Food Innovation Excellence Program
7.2. Aurora Council Resolution-Bill 52-Protection of Public Participation Act
8. Reports from Departments
8.1. Chief Administrative Officer
8.1.1. CAO 15-07 Agriculture More Than Ever
CAO 15-07 Agriculture More Than Ever
Agriculture More Than Ever Attachments
Moved By: Seconded By:
Proposed Resolution #4
THAT the Report CAO 15-07, Membership Agriculture More Than Ever, be
received for information;
AND THAT the Town of Tillsonburg become an agvocate/partner by becoming a
member of Agriculture More Than Ever and entering into the Official Partnership
Agreement.
8.2. Development and Communication Services
8.2.1. Report DCS 15-15 Airport Hangar Land Lease (Canadian Harvard Aircraft
Association)
Report DCS 15-15 Airport Hangar Land Lease (Canadian Harvard Aircraft
Association)
Lease-Canadian Harvard Aircraft Association
By-Law 3887
Moved By: Seconded By:
Proposed Resolution #5
THAT Council receive Report DCS 15-15 Airport Hangar Land Lease (Canadian
Harvard Aircraft Association);
AND THAT a By-Law be brought forward and the Mayor and Clerk be authorized
to enter into a lease agreement with the Canadian Harvard Aircraft Association
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March 9, 2015 Council Meeting – Agenda - 3 -
for the lease of land for four buildings totalling 13,558 square foot at the
Tillsonburg Regional Airport for a twenty (20) year term expiring on December
31, 2034 subject to the terms and conditions contained within the lease
agreement.
8.3. Operations
8.3.1. OPS 15-05 Results for Tender # T2015-001 Camdon Court / Third St.
Reconstruction
OPS 15-05 Results for Tender # T2015-001 Camdon Court / Third St.
Reconstruction
Moved By: Seconded By:
Proposed Resolution #6
THAT Council receive Report OPS 15-05, Results for Tender # T2015-001
Camdon Court / Third St. Reconstruction;
AND THAT Council award Tender # T2015-001 to Greenfield Contracting of
Sarnia, Ontario at a cost of $525,049.29 (net HST included), the lowest bid
received satisfying all Tender requirements;
AND THAT a by-law authorizing the Mayor and Clerk to enter into the agreement
with Greenfield Contracting for the reconstruction of Camdon Court and Third
Street be brought forward for Council consideration.
9. Notice of Motions
9.1. Notice of Motions
9.2. Notice of Motion for which previous Notice was given.
Moved By: Councillor Adam Seconded By:
Proposed Resolution #7
THAT Staff provide a report regarding the feasibility of the leaf pick-up program;
AND THAT the purchase of the leaf loader be reviewed and brought forward for
Council discussion.
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March 9, 2015 Council Meeting – Agenda - 4 -
10. By-Laws
By-Laws from the Meeting of Monday, March 09, 2015
Moved By: Seconded By:
Proposed Resolution #8
THAT By-Law 3887, to authorize a Lease Agreement between the Corporation of the Town
of Tillsonburg and the Canadian Harvard Aircraft Association;
AND THAT By-law 3886 to confirm the proceedings of Council at its meetings held on the
9th day of March, 2015, be read for a first and second time and this constitutes the first and
second reading thereof.
Moved By: Seconded By:
Proposed Resolution #9
THAT By-Law 3887, to authorize a Lease Agreement between the Corporation of the Town
of Tillsonburg and the Canadian Harvard Aircraft Association;
AND THAT By-Law 3886 to confirm the proceedings of Council at its meetings held on the
9th day of March, be given third and final reading and the Mayor and the Clerk be and are
hereby authorized to sign the same, and place the Corporate Seal thereunto.
11. Items of Public Interest
12. Adjournment
Moved By: Seconded By:
Proposed Resolution #10
THAT the Council Meeting of Monday, March 09, 2015 be adjourned at _____ p.m.
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ATTENDANCE
Mayor Stephen Molnar
Deputy Mayor Dave Beres
Councillor Maxwell Adam
Councillor Penny Esseltine
Councillor Chris Rosehart
Councillor Brian Stephenson
Regrets:
Councillor Jim Hayes
Staff:
David Calder, CAO
Donna Wilson, Town Clerk
Kevin De Leebeeck, Director of Operations
Rick Cox, Director of Parks and Recreation Services
Darrell Eddington, Director of Finance
Jeff Bunn, Deputy Clerk
1. Call to Order
The meeting was called to order at 4:30 p.m.
2. Adoption of Agenda
The Agenda was amended to include the Employee Recognition Ceremony at 4:30 p.m.
Moved By: Councillor Rosehart Seconded By: Councillor Esseltine
THAT the Agenda as prepared for the Council meeting of Thursday, February 26, 2015, be
adopted as amended.
Carried.
3. Employee Recognition Ceremony
The Corporation of the Town of Tillsonburg
COUNCIL MEETING
Thursday, February 26, 2015
4:30 PM
Council Chambers
200 Broadway, 2nd Floor
Minutes
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February 26, 2015 Council Meeting – Minutes - 2 -
The Mayor and Senior Management presented staff with recognition certificates and pins for
5 years to 30 years of service.
Council took a recess at 4:47 p.m.
Council reconvened at 6:00 p.m.
4. Moment of Silence
5. Disclosures of Pecuniary Interest and the General Nature Thereof
6. Adoption of Council Minutes of Previous Meeting
6.1. Minutes of the Meeting of February 9, 2015
February 9, 2015 - Council Minutes
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
THAT the Minutes of the Council Meeting of February 9, 2015, be approved.
Carried.
7. Delegations and Presentations
7.1. 190th of Tillsonburg Founding - Patty Phelps
Patty Phelps appeared before Council to share the “Settler’s Pledge” and the 190 Log
Cabin initiative to celebrate the 190th founding of the Town of Tillsonburg. Ms. Phelps
informed Council that 190 small “build-your-own log cabins” are available for free to the
public as part of the 190th celebrations.
8. Special Shareholder Meeting, Tillsonburg Hydro Inc.
Moved By: Councillor Adam Seconded By: Deputy Mayor Beres
THAT Council move into a Special Meeting of the Shareholder of Tillsonburg Hydro Inc.
Carried.
Council moved into a special meeting of the Shareholder at 6:17 p.m.
8.1. Shareholder Nominating Committee Report (THI Appointments)
The Shareholder circulated report THI NC 15-01 as prepared by the Shareholder
Nomination Committee (attached to the minutes).
Moved By: Councillor Esseltine Seconded By: Councillor Rosehart
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February 26, 2015 Council Meeting – Minutes - 3 -
WHEREAS in accordance with Report CAO 15-06 entitled Tillsonburg Hydro Inc.
Shareholder Nomination Committee, a recommendation was made to the shareholder to
establish a Shareholder Nominating Committee to consider appointments to fill the two
vacancies on the Board of Directors of Tillsonburg Hydro Inc.;
AND WHEREAS the Shareholder of Tillsonburg Hydro Inc. at its meeting of February 9,
2015 established a Shareholder Nominating Committee comprised of Mayor Molnar,
Councillor Esseltine and Councillor Rosehart;
AND WHEREAS the Shareholder Nominating Committee has met and reviewed the
applications received for the two vacancies on the Tillsonburg Hydro Inc. Board of
Directors;
NOW THEREFORE BE IT RESOLVED that the Shareholder Nominating Committee
recommends to the shareholder the appointment of Mark Rosehart and Daniel Rasokas
to the Tillsonburg Hydro Board of Directors;
AND THAT the term of the two Directors appointed this date, being February 26, 2015
shall be until the 2015 Tillsonburg Hydro Inc. Annual General Meeting.
Carried.
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT the Special Meeting of the Shareholder of Tillsonburg Hydro Inc. be adjourned.
Carried.
Council resumed the regular meeting at 6:22 p.m.
9. Public Meetings
9.1. ZN 7-15-01- Town of Tillsonburg Non-Profit Housing Corporation
CASPO 2015-50 (ZN 7-15-1)
Report Mapping
Eric Gilbert, Development Planner, appeared before Council and presented Zone
Change Application ZN 7-15-01.
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February 26, 2015 Council Meeting – Minutes - 4 -
The agent for the applicant, Josh Warkentin, provided additional details to support the
application.
No one appeared in opposition of the application.
Council passed the following resolution:
Moved By: Councillor Adam Seconded By: Deputy Mayor Beres
THAT Council approve the zone change application submitted by Town of Tillsonburg
Non-Profit Housing Corporation, whereby the lands described as Part Lot 381, Plan 500,
Town of Tillsonburg, known municipally as 31 Maple Lane are to be rezoned from ‘High
Density Residential Zone (RH)’ to ‘Special High Density Residential Zone (RH-sp)’.
Carried.
10. Mayor
10.1. MRY 2015-02 County Council Update
MYR 15-02 County Council Update
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
THAT Council receives report MYR 15-02 as information.
Carried.
11. Quarterly Reports
11.1. FIN 15-09 Fourth Quarter Financial Results
FIN 15-09 Fourth Quarter Financial Results
2014 Actual Variances - Q4
The Director of Finance indicated a detailed report regarding the $450,000 in
vacation accrual will be brought forward to the March 23, 2015, regular meeting
for Council’s review.
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
THAT Council receives report FIN 15-09 2014 Fourth Quarter Financial results as
information.
Carried.
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February 26, 2015 Council Meeting – Minutes - 5 -
11.2. FIN 15-10 Fourth Quarter Finance Department Results
FIN 15-10 Fourth Quarter Finance Department Results
Moved By: Councillor Rosehart Seconded By: Councillor Esseltine
THAT Council receives report FIN 15-10 2014 Fourth Quarter Finance
Department results as information.
Carried.
11.3. FRS 15-03 Fourth Quarter Fire Department Results
FRS 15-03 Fourth Quarter Fire Department Results
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
THAT Council receives report FRS 15-04 Fourth Quarter Fire & Rescue Services
Results as information.
Carried.
11.4. DCS 15-14 Fourth Quarter Building, Planning, By-Law Services Results
DCS 15-14 Building, Planning, By-Law Services Annual Report
Staff are to provide Council with the number of parking infractions issued and
revenue gained from underground enforcement at the mall.
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
THAT Council receive Report DCS 15-14 Fourth Quarter Building, Panning, By-
Law Services Report as information.
Carried.
11.5. OPS 15-04 Fourth Quarter Operations Services Results
OPS 15-04 Fourth Quarter Operations Services Results
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT Council receive Report OPS 15-04, 2014 Fourth Quarter Operations
Services as information.
Carried.
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February 26, 2015 Council Meeting – Minutes - 6 -
11.6. DCS 15-12 Fourth Quarter Economic Development Results
DCS 15-12 Fourth Quarter Economic Development Results
Moved By: Councillor Adam Seconded By: Councillor Esseltine
THAT Council receive Report DCS 15-12 Fourth Quarter Economic Development
Report as information.
Carried.
11.7. RCP 15-09 - Fourth Quarter Recreation, Culture and Parks Services Results
RCP 15-09 - 2014 Fourth Quarter Recreation, Culture and Parks Service Results
Moved By: Councillor Adam Seconded By: Councillor Esseltine
THAT Council receives Report RCP 15-09 - 2014 Fourth Quarter Recreation,
Culture and Parks Services Results for information.
Carried.
12. Reports from Departments
12.1. Development and Communication Services
12.1.1. DCS 15-13 Lease of Airport Office Space - Accessibility
DCS 15-13 Lease of Airport Office Space - Accessibility
2013 Accessibility Review - Airport
Letter of Opinion - Gray & Fick Ltd
DCS 15-11 Lease of Airport Office Space (Deferred from February 9, 2015)
Lease Agreement - Airport Office Space
Council noted that the restrooms at the airport do not have automatic doors and
therefore needs to be omitted from the Accessibility Advisory Committee’s facility
review.
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
THAT Council receive Report DCS 15-13 Lease of Airport Office Space –
Accessibility as information.
Carried.
Moved By: Councillor Stephenson Seconded By: Councillor Esseltine
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February 26, 2015 Council Meeting – Minutes - 7 -
THAT Council receive Report DCS 15-11 Lease of Airport Office Space;
AND THAT Council approve the lease of office space in the Air Terminal Building
Basement to the Tillsonburg Flying School for the period of January 1, 2015 and
ending December 31, 2019 at a price of $260 per month plus Harmonized Sales
Tax (H.S.T.), subject to the terms and conditions contained in this report;
AND THAT a By-Law be brought forward for Council consideration.
Carried.
13. Notice of Motions
Councillor Stephenson withdrew his motion. Staff were directed to inform the legion that a
Flag Policy exists within the Town and that legion may forward notice to the Town upon the
passing of a member of the legion and who served in the Canadian Forces.
Councillor Adam provided a Notice of Motion:
THAT Staff provide a report regarding the feasibility of the leaf pick-up program;
AND THAT the purchase of the leaf loader be reviewed and brought forward for Council
discussion.
14. By-Laws
By-Laws from the Meeting of Thursday, February 26, 2015
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT By-Law 3882, to amend Zoning By-Law No. 3295 (ZN 7-15-01, Town of Tillsonburg
Non-Profit Housing Corporation) (Schedule A, By-Law 3882 Explanatory Note, Key Map);
AND By-Law 3883, to authorize a Lease Agreement between the Corporation of the Town of
Tillsonburg and Danny Richer;
AND By-Law 3884, to authorize a Lease Agreement Between the Corporation of the Town
of Tillsonburg and Tillsonburg Flying School;
AND By-Law 3885 to confirm the proceedings of Council at its meetings held on the 26th
day of February, 2015, be read for a first and second time and this constitutes the first and
second reading thereof.
Carried.
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February 26, 2015 Council Meeting – Minutes - 8 -
Moved By: Deputy Mayor Beres Seconded By: Councillor Adam
THAT By-Law 3882, to amend Zoning By-Law No. 3295 (ZN 7-15-01, Town of Tillsonburg
Non-Profit Housing Corporation) (Schedule A, By-Law 3882 Explanatory Note, Key Map);
AND By-Law 3883, to authorize a Lease Agreement between the Corporation of the Town of
Tillsonburg and Danny Richer;
AND By-Law 3884, to authorize a Lease Agreement Between the Corporation of the Town
of Tillsonburg and Tillsonburg Flying School;
AND By-Law 3880, to adopt the Town of Tillsonburg Public Engagement Policy &
Guidelines;
AND By-Law 3885 to confirm the proceedings of Council at its meetings held on the 26th
day of February, 2015, be given third and final reading and the Mayor and the Clerk be and
are hereby authorized to sign the same, and place the Corporate Seal thereunto.
Carried.
15. Items of Public Interest
16. Adjournment
Moved By: Councillor Esseltine Seconded By: Councillor Stephenson
THAT the Council Meeting of Thursday, February 26, 2015be adjourned at 7:50 p.m.
Carried.
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Report No: CASPO 2015-59
COMMUNITY AND STRATEGIC PLANNING
Council Date: March 9, 2015
Page 1 of 7
To: Mayor and Members of Tillsonburg Council
From: Eric Gilbert, Development Planner, Community and Strategic Planning
Application for Consent & Minor Variance
B15-05-7; A15-01-7 – Dave & Cindy Mendler
REPORT HIGHLIGHTS
Applications for consent & minor variance propose to sever one new vacant residential lot
for a single detached dwelling and retain a lot for a similar use.
Application also proposes to obtain relief from Section 6.2 – Table 6.2 of the Town’s Zoning
By-law to reduce the minimum required lot depth of the severed parcel from 32 m (105 ft) to
31.83 m (104.4 ft), and reduce the minimum required rear yard depth of the retained lot from
12 m (39.4 ft) to 5.7 m (18.7 ft) to facilitate the consent.
Planning staff recommend approval of the application as it complies with the policies of the
Provincial Policy Statement and the consent infilling policies of the Official Plan.
DISCUSSION
Background
OWNERS:
Dave & Cindy Mendler
113 Brock Street East
Tillsonburg ON N4G 2A1
LOCATION:
The subject lands are described as Part Block A, Plan 507 in the Town of Tillsonburg. The
lands are located on the southwest corner of Brock Street East and Maple Lane, and are
municipally known as 113 Brock Street East.
OFFICIAL PLAN:
Schedule “T-1” Town of Tillsonburg
Land Use Plan
Residential
Schedule “T-2”
Town of Tillsonburg
Residential Density Plan
Low Density Residential
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Report No: CASPO 2015-59
COMMUNITY AND STRATEGIC PLANNING
Council Date: March 9, 2015
Page 2 of 7
TOWN OF TILLSONBURG ZONING BY-LAW:
Existing and Proposed Zoning: Low Density Residential Type 1 Zone (R1)
EXISTING USE OF SUBJECT PROPERTY: Residential
PROPOSED USES: Lot to be Severed: Single Detached Dwelling
Lot to be Retained: Single Detached Dwelling
SERVICES: Municipal water and sanitary services exist for the lot to be retained, and are
available for the lot to be severed.
ACCESS: Paved, local roads (Brock Street East, Maple Lane)
PROPOSAL:
Area
Frontage
Depth
SEVERED LOT
531.2 m2 (5 717.8 ft2)
16.76 m (55 ft)
31.83 m (104.4 ft)
RETAINED LOT
1040 m2 (11 195 ft2)
30.48 m (100 ft)
33.48 m (109.8 ft)
The purpose of the Application for Consent and Minor Variance is to create one new residential
building lot and retain one lot for similar use. The lot to be severed by will cover an area of
531.2 m2 (5 717.8 ft2), is located south of the existing single detached dwelling and contains no
buildings or structures. It is proposed that a single detached dwelling will be constructed on the
lot to be severed. The lot to be retained will cover an area of 1040 m2 (11 195 ft2) and contains
an existing single detached dwelling (circa. 1954) with attached garage.
In addition, the applicant has requested relief from Section 6.2 – Table 6.2: R1 Zone Provisions
– Lot Depth, to reduce the minimum lot depth of the severed lot from 32 m (105 ft) to 31.83 m
(104.4 ft), and Section 6.2 – Table 6.2: R1 Zone Provisions – Rear Yard Depth, to reduce the
minimum rear yard depth of the retained lot from 12 m (39.4 ft) to 5.7 m (18.7 ft).
Plate 1 - Location Map with Existing Zoning, shows the location of the subject lands and the
existing zoning in the immediate vicinity.
Plate 2 – 2010 Air Photo, shows the subject property and the existing development in the
immediate area.
Plate 3 – Applicant’s Sketch, illustrates the dimensions of the proposed lot to be severed and
retained.
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Report No: CASPO 2015-59
COMMUNITY AND STRATEGIC PLANNING
Council Date: March 9, 2015
Page 3 of 7
Application Review
2014 Provincial Policy Statement
The Provincial Policy Statement (PPS) directs that Ontario’s long-term prosperity, environmental
health and social well-being depend on wisely managing change and promoting efficient land
use and development patterns. Efficient land use and development patterns support strong,
liveable and healthy communities, protect the environment as well as public health and safety,
and facilitate economic growth. In support of these provincial interests and goals, settlement
areas shall be the focus of growth and their vitality and regeneration shall be promoted.
Section 1.4.3 of the PPS directs that planning authorities shall provide for an appropriate range
of housing types and densities to meet projected requirements of current and future residents of
the regional market area by:
permitting and facilitating all forms of residential intensification and
redevelopment and all forms of housing required to meet the social, health and
well-being requirements of current and future residents;
promoting densities for new housing which efficiently use land, resources,
infrastructure and public service facilities and support the use of alternative
transportation modes;
establishing development standards for residential intensification, redevelopment
and new residential development which minimize the cost of housing and
facilitate compact form while maintaining appropriate levels of public health and
safety.
Official Plan
The lot to be retained and lot to be severed are designated 'Low Density Residential' in the
County of Oxford Official Plan. Low density residential districts are those lands that are
primarily developed or planned for a variety of low-rise, low density housing forms including both
executive and smaller single-detached dwellings, semi-detached, duplex and converted
dwellings, street-fronting townhouses and other, similar development. Within areas designated
Low Density Residential, it is intended that there will be a mixing and integration of different
forms of housing to achieve a low overall density of use.
The policies of Section 8.2.4.1 (INFILL HOUSING) indicate that in order to efficiently utilize the
designated residential land and municipal servicing infrastructure, infill housing will be supported
in Low Density Residential Areas. The County Land Division Committee and Town Council will
ensure that proposals for infill development are consistent with policies contained in Section
8.2.4.1.1 and 8.2.4.1.4.
Official Plan policies respecting Street Oriented Infill permit new residential housing into an
established streetscape pattern only if the proposal is deemed to be consistent with the
characteristics of existing development on both sides of the street. The policies also require
that the proposal is consistent with street frontage, setbacks and spacing of existing
development within a two block area on the same street.
All infill proposals are subject to the following additional criteria:
the location of vehicular access points, the likely impact of traffic generated by the
proposal on Town streets and potential traffic impacts on pedestrian and vehicular safety
and surrounding properties is acceptable;
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Report No: CASPO 2015-59
COMMUNITY AND STRATEGIC PLANNING
Council Date: March 9, 2015
Page 4 of 7
existing municipal services and public facilities will be adequate to accommodate the
proposed infill project;
stormwater run-off from the proposal will be adequately controlled and will not negatively
affect adjacent properties;
adequate off-street parking and outdoor amenity areas will be provided;
the extent to which the proposed development provides for the retention of any desirable
vegetation or natural features that contribute to the visual character of the surrounding
area;
the effect of the proposed development on environmental resources and the effects of
environmental constraints on the proposed development will be addressed and
mitigated;
consideration of the potential effect of the development on natural and heritage
resources and their settings;
compliance of the proposed development with the provisions of the Zoning By-Law of
the Town and other municipal by-laws.
Zoning By-law
The subject property is zoned ‘Low Density Residential Type Zone (R1)’ which permits a single
detached dwelling and a home occupation.
The provisions of the ‘R1’ zone require a minimum lot depth 32 m (105 ft), and rear yard depth
of 12 m (39.4 ft). The applicant is proposing a lot depth for the severed parcel of 31.83 m
(104.4 ft) and rear yard depth for the retained parcel of 5.7 m (18.7 ft). This relief is required
due to the curvature of Maple Lane, and because the rear yard and interior side yard will be
interchanged as a result of the severance. According to the Zoning By-law, the lot frontage is
considered to be the shortest width of a lot that has frontage on to an improved road. In the
case of this application, the frontage was originally along Brock Street East but as a result of the
severance, the frontage will be measured along Maple Lane. The applicant is not proposing
any further development of the retained lot.
Single detached dwellings are permitted in the ‘R1’ zone. The lots to be severed and retained
as well as the existing single detached dwelling and attached garage on the retained lands
appear to comply with all other provisions of the ‘R1’ zone.
Agency Comments
The County of Oxford Public Works Department provided the following comments:
A new set of water and sanitary services will be required for the lot to be severed.
Connection fees will apply.
Town of Tillsonburg Staff can confirm whether the existing sanitary lateral to the lot to be
retained does not conflict with the proposed lot to be severed.
No building permit shall be issued until separate water and wastewater services are
provided for the lot to be severed and payment of these services has been received by
the County of Oxford Public Works Department. This condition can be cleared by
payment for the required services or entering into a Severance Agreement with the area
municipality. A copy of the DRAFT Severance Agreement, which addresses the above
requirements, must be provided to the satisfaction of the County of Oxford Public Works
department prior to clearing the condition.
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Report No: CASPO 2015-59
COMMUNITY AND STRATEGIC PLANNING
Council Date: March 9, 2015
Page 5 of 7
The Town of Tillsonburg Building Services Department offered the following comments:
Subject to approved grading plans for the severed and retained parcels including
verification that adjacent parcels to the west will not be adversely affected.
Provide copies of updated building location surveys upon approval.
Geotechnical report should be provided to determine recommended Underside of
Footing elevations for the proposed dwelling on the lot to be severed.
The Town of Tillsonburg Engineering Department offered the following comments:
The severed parcel shall be serviced with a new sanitary and storm private drain
connection and water service as per County and Town Standards.
A preliminary lot grading certificate shall be completed by a qualified firm and forwarded
to the Town for review and acceptance. Drainage of adjacent properties shall not be
affected.
The applicant shall be responsible to relocate any existing service encountered that
crosses over the severed parcel from the retained parcel.
A borehole / test hole shall be conducted on the severed parcel by a qualified
geotechnical engineer to determine existing ground water levels, and recommend
Underside of Footing elevations for the proposed structure.
Servicing of the severed lot may be more difficult due to the high groundwater table in
the area and the increased depth of the sanitary sewer on Maple Lane/ Hyman Street.
Tillsonburg Fire Services, Town Development Commissioner and the Ontario Provincial Police
indicated that they had no concerns or objections with the proposed consent.
Public Consultation
Notice of the application was circulated to neighbouring property owners on February 20, 2015.
As of the date of this report, concerns regarding the proposed severance had been raised by a
neighbouring property owner, however, no details regarding the concerns had been provided.
Planning Analysis
The development proposal seeks to create a new lot for residential development in south-
central Tillsonburg. Planning staff is of the opinion that the proposal will result in an efficient use
of municipal services on residentially designated lands in Tillsonburg. In this respect, the
development proposal is consistent with the 2014 Provincial Policy Statement policies for
intensification and redevelopment within a settlement area.
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Report No: CASPO 2015-59
COMMUNITY AND STRATEGIC PLANNING
Council Date: March 9, 2015
Page 6 of 7
With regard to the relevant Official Plan policies for Low Density Residential areas, an analysis
of the existing characteristics of residential development within the immediate area was
undertaken by Planning staff. For street-oriented infill development, the policies of Section
8.2.4.1.1 permit such development where the proposal is deemed to be consistent with the
characteristics of existing development on both sides of the same street, and is consistent with
street frontage, setbacks and spacing of existing development within a two-block area on the
same street.
In this instance, the subject lands are located in the original phase of the Annandale
Subdivision, which was approved in 1952. Lots within this plan are characterized by a variety of
lot sizes and shapes due to the proximity of the Otter Creek Valley, and as such the existing low
density residential development has a number of variations in lot frontage, lot depth, and shape.
This Office is satisfied that the proposed severed parcel and the lot being retained are of a
frontage, shape and area generally consistent with the characteristics of development in the
immediate area. The current proposal would create an infilling lot that would be in keeping with
the existing type and characteristics of development along Maple Lane and Parkwood Drive.
The lands on the opposite side of Maple Lane exhibit a lot pattern very similar to what is being
proposed through this application, and have similar spacing and setbacks. The retained lands,
being a corner lot, will have the same approximate front yard depth as the dwelling proposed to
be constructed on the lot to be severed. Therefore, it is the opinion of staff that the application
conforms to the Official Plan policies for infill housing in the Town of Tillsonburg.
The subject lands are located in an area characterized by low density residential development.
It appears that the proposed severance will be consistent in setbacks and spacing of the
existing development in the immediate residential area. Although the dwelling on the retained
lot will have a reduced rear yard depth, Planning staff are of the opinion that the existing
dwelling will have no further impacts on neighbouring properties and the present amenity area
will remain to the south of the dwelling.
Further, it is the opinion of staff that the applicant’s request to reduce the lot depth for the
severed lands can be considered minor in nature as the average lot depth is impacted by the
curvature of Maple Lane, and any future dwelling must comply with the required rear yard depth
to provide adequate amenity area. The proposed reduction to the rear yard depth for the
retained lands can be considered minor in nature and desirable for the area as the dwelling is
existing and the applicant is not proposing further development on the site.
No objections with respect to the proposed lot creation were raised during agency circulation.
Due to the presence of a high groundwater table, the Town Engineering Department and Town
Building Services Department have requested a report from a qualified geotechnical engineer
be submitted with recommendations of the elevations of footings for a new dwelling on the lot to
be severed. It is recommended that this be included as a condition of approval.
In light of the foregoing, it is the opinion of this Office that the proposed severance appears to
comply with the policies of the Official Plan and the 2014 Provincial Policy Statement, is
acceptable from a planning perspective and can be given favourable consideration subject to a
number of conditions.
19
Report No: CASPO 2015-59
COMMUNITY AND STRATEGIC PLANNING
Council Date: March 9, 2015
Page 7 of 7
RECOMMENDATION
Whereas the variances requested are minor variances from the provisions of the Town of
Tillsonburg Zoning By-law No. 3295, are desirable for the appropriate development or
use of the land, buildings or structures, are in keeping with the general intent and
purpose of the County of Oxford Official Plan, and are in keeping with the general intent
and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and
Whereas the proposed severance is consistent with the Provincial Policy Statement and
maintains the intent and purpose of the Official Plan, it is recommended that Town
Council advise the Land Division Committee that Council supports the proposal to sever
the subject lands, subject to the following conditions:
1. The owners enter into a Severance Agreement with the Town of Tillsonburg, to the
satisfaction of the Town.
2. The owners shall provide a preliminary lot grading plan for the lot to be severed
and the lot to be retained, to the satisfaction of the Town Engineering Department.
3. The owners shall provide a report from a qualified geotechnical professional
engineer, to determine existing ground water levels, and recommend Underside of
Footing elevations for the proposed structure, to the satisfaction of the Town
Engineering Department.
4. The owners provide a building location survey, to the satisfaction of the Town
Building Services Department.
5. The County of Oxford Department of Public Works advise the Secretary-Treasurer
of the County of Oxford Land Division Committee that all financial requirements of
the County of Oxford with respect to provision of water and sewer services to the
subject property have been complied with. This condition can be cleared by
payment for the required services or entering into a Severance Agreement with
the area municipality. A copy of the DRAFT Severance Agreement, which
addresses the above requirements, must be provided to the satisfaction of the
County of Oxford Public Works department prior to clearing the condition.
6. The Clerk of the Town of Tillsonburg advise the Secretary-Treasurer of the Land
Division Committee that all requirements of the Town of Tillsonburg have been
complied with.
SIGNATURES
Authored by: Original Signed By Eric Gilbert, MCIP, RPP, Development Planner
Approved for submission: Original Signed By Gordon K. Hough, MCIP, RPP, Director
20
March 2, 2015
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
510
Notes
NAD_1983_UTM_Zone_17N
25 Meters
Environmental
Protection/Flood Overlay
Flood Fringe
Floodway
Environmental Protection (EP1)
Environmental Protection (EP2)
Zoning
Floodlines/Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Zoning (Displays 1:16000 to
1:500)
21
January 30, 2015
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable. This is not a plan of survey
Legend
250
Notes
NAD_1983_UTM_Zone_17N
13 Meters
Environmental
Protection/Flood Overlay
Flood Fringe
Floodway
Environmental Protection (EP1)
Environmental Protection (EP2)
Zoning
Floodlines/Regulation Limit
100 Year Flood Line
30 Metre Setback
Conservation Authority
Regulation Limit
Regulatory Flood And Fill Lines
Zoning (Displays 1:16000 to
1:500)
limits_polygon
22
C:
AREAS:
PARCEL "A'' -1040.1 SQUARE METRES
PARCEL "B" = 531.2 SQUARE METRES
/
{20
/
~.j\.
"0" ~~
10 ~ "'"" ~ ~·~ !J01' ,~pLA~I ~ ~:\
--------------SCALE 1:200 0 5 10 METRES 15
METRIC DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN
BE CONVERTED TO FEET BY DIVIDING BY 0.3048
2 11:01:31 AM, KIP1
~ ~ 0
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" 0 ~
l l-1-l
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1
SKETCH
PART OF PARCEL
REGISTER PLAN 507
TOWN OF TILLS BURG
COUNTY OF OXFORD
CAUTION
-THIS SKETCH WAS COMPILED FROM DAT A AS SHOWN ON A PLAN OF SURVEY
BY J.F. WESTON O.L.S DATED JULY 23rd 1986
-THIS IS NOT A PLAN OF SURVEY OR SURVEYOR'S REPORT AND SHALL NOT
BE USED FOR TRANSACTION OF FINANCING PURPOSES
-DO NOT CONVEY FROM THIS PLAN
OCTOBER 25, 2012
ZONE (R1) LOW DENSITY RESIDENTIAL
PARCEL "A'' TO BE RETAINED
ZONE PROVISION PROPOSED BY-LAW
LOT AREA {SQUARE METRES 1040.1 610.00
LOT FRONTAGE (CORNER LOT) 30.48 19.00
LOT DEPTH 33.48 32.00
FRONT YARD 7.62 7.50
EXTERIOR SIDE YARD 7.40 7.50
REAR YARD 5.7 12.00
INlERIOR SIDE YARD 11.90 1.20
LOT COVERAGE 17.8% 33 "
ZONE (R1) LOW DENSITY RESIDENTIAL
PARCEL "B" TO BE SEVERED
ZONE PROVISION PROPOSED BY-LAW
LOT AREA (SQUARE METRES 531.2 495
LOT FRONTAGE 16.76 15.00
LOT DEPTH 31.83 AVERAGE 32.00
DENOTES TO BE SEVERED
DENOTES TO BE RETAINED
KIM HU D SUR YIN LTD.
ONT ARIO LAND SURVEYOR
30 HARVEY STREET, TILLSONBURG, ONTARIO, N4G 3J8
PHONE: 519-842-3638 FAX: 519-842-3639
PROJECT: 12-10219SKETCH REFERENCE: FILE DISK No.
23
Site Photos
B15-05-7; A15-01-7 (Dave & Cindy Mendler)
Figure 1 – View of Lot to be Severed (facing west from Maple Lane)
Figure 2 –View of Severed Lands (facing southwest from Maple Lane)
24
Site Photos
B15-05-7; A15-01-7 (Dave & Cindy Mendler)
Figure 3 – View of Retained Lands (facing south on Brock Street E.)
Figure 4 – View of Severed Lands and Building on Retained Lands (facing northwest on Maple Lane)
25
Site Photos
B15-05-7; A15-01-7 (Dave & Cindy Mendler)
Figure 5 – View of Retained Lands (facing west on Maple Lane)
26
27
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February 24, 2015 DELIVERED BY E-MAIL
ALL ONTARIO MUNICIPALITIES
Re: Town of Aurora Council Resolution of February 10, 2015 Motion (e) Councillor Thompson; Re: Bill 52, the Protection of Public Participation Act
Please be advised that this matter was considered by Council at its Council meeting held on
February 10, 2015 and in this regard Council adopted the following resolution:
WHEREAS the Provincial Government has recently introduced “Bill 52, Protection
of Public Participation Act, 2014”; and
WHEREAS Bill 52 seeks to amend the Courts of Justice Act, the Libel and Slander Act and the Statutory Powers Procedure Act in order to protect expression on matters of public interest; and
WHEREAS Bill 52 is commonly referred to as Anti-SLAPP legislation and is
intended to enact many of the recommendations put forward by the Anti-SLAPP Advisory Panel of 2010; and
WHEREAS SLAPP litigation, an acronym for Strategic Lawsuits Against Public
Participation, is a tactic which is often viewed as a means to silence, intimidate
and deter people from participating in discussions on matters of public interest; and
WHEREAS the Province has stated that the ability to freely participate in public
discussion about matters of public interest, without fear of retribution, is
fundamental to a fair and democratic society. NOW THEREFORE BE IT HEREBY RESOLVED THAT the Town of Aurora express
its support for Bill 52 which should help protect and encourage freedom of
expression on matters of the public interest and discourage the use of the courts
in ways that unduly limit that freedom; and BE IT FURTHER RESOLVED THAT the Mayor be requested to write a letter and
forward this resolution to the Honourable Kathleen Wynne, Premier of Ontario,
Chris Ballard, MPP for Newmarket-Aurora, and to the Association of Municipalities
of Ontario (AMO); and
Legal & Legislative Services Stephen M.A. Huycke
905-726-4771 shuycke@aurora.ca
Town of Aurora 100 John West Way, Box 1000 Aurora, ON L4G 6J1
29
3
0
STAFF REPORT
CAO
Report Title: Membership – Agriculture More Than Ever
Report No.: CAO 15-07
Author: David Calder
Meeting Type: COUNCIL MEETING
Council Date: MARCH 9, 2015
Attachments:
LETTER FROM THE CHAIR OF THE DEVELOPMENT COMMITTEE
AGRICULTURE MORE THAN EVER
GET INVOLVED WITH AGRICULTURE MORE THAN EVER
OFFICIAL PARTNERSHIP AGREEMENT
RECOMMENDATION:
THAT the Report CAO-7-15 , Membership Agriculture More Than Ever, be received for
information;
And That the Town of Tillsonburg become a agvocate/partner by becoming a member of
Agriculture More Than Ever and entering into the Official Partnership Agreement.
EXECUTIVE SUMMARY
At its meeting of February 9, 2015, Council directed the CAO to report back on the request of the Town of Tillsonburg Development Committee to become partner on the Agriculture More than
Ever initiative as a way of showing support for the Agricultural sector.
BACKGROUND According to the web site (www.agriculturemorethanever.ca) Agriculture More Than Ever is “an
industry-driven cause to improve perceptions and create positive dialogue about Canadian
Agriculture. It aims to shine a spotlight on the facts, stories and people that make the industry
special”. The Development Committee is recommending that the Town of Tillsonburg, based on
its agricultural roots become an “agvocate” under the Agriculture More Than Ever community. The information on the web site indicates that “an agvocate is an individual or group that actively
promotes agriculture in respectful and meaningful ways.” As an agvocate there are three actions
that are encouraged by a partner being:
31
• I passionately believe agriculture is a modern, dynamic industry with value that needs to
be better understood, recognized and advanced among industry stakeholders and the
general public.
• I’ll look for opportunities to talk about the optimism and importance, and celebrate
opportunities the industry has to offer.
• I’ll promote Canadian ag in a credible and meaningful way, to dispel myths and tell my
story – today and in the future.
Additional information regarding Agriculture More than Ever is attached to this report.
There is no cost to being an agvocate/partner but there is an Official Partnership Agreement with
Farm Credit Canada (FCC) that would have to be signed by the Town. A copy of the Agreement is attached for information.
CONSULTATION/COMMUNICATION
This initiative has come forward from the Economic Development Committee for Council’s
consideration. Contact was made with Agriculture More Than Ever for information about the organization.
COMMUNITY STRATEGIC PLAN IMPACT
Not applicable.
FINANCIAL IMPACT/FUNDING SOURCE
None.
Page 2 / 2 CAO
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STAFF REPORT
DEVELOPMENT AND COMMUNICATION SERVICES
REPORT TITLE:
AIRPORT HANGAR LAND LEASE (CANADIAN HARVARD AIRCRAFT ASSOCIATION)
Report No.: DCS 15-15
Author: ANNETTE MURRAY
Meeting Type: COUNCIL MEETING
Council Date: MARCH 9, 2015
Attachments:
RECOMMENDATION:
“THAT Council receive Report DCS 15-15 Airport Hangar Land Lease (Canadian
Harvard Aircraft Association);
AND THAT the Mayor and Clerk be authorized to enter into a lease agreement with
the Canadian Harvard Aircraft Association for the lease of land for four buildings totalling 13,558 square foot at the Tillsonburg Regional Airport for a twenty (20)
year term expiring on December 31, 2034 subject to the terms and conditions contained within the lease agreement.”
EXECUTIVE SUMMARY
The purpose of this report is to obtain Council approval for a land lease with the Canadian
Harvard Aircraft Association in order to maintain their ongoing presence at the Tillsonburg
Regional Airport.
At Council’s February 9, 2015 meeting. CHAA representatives provided an overview of their
organization and the impact they have at the Tillsonburg Regional Airport as well as
throughout the Province of Ontario. As part of their presentation, CHAA indicated that they
have limited financial means and requested that their annual lease payment be kept at the same rate (“status quo”) based on their limited funding. Staff are recommending phased-in
lease terms based on their charitable organization status, limited ability to pay, and benefits
they provide to the Airport.
54
BACKGROUND INFORMATION
The Canadian Harvard Aircraft Association has been a tenant at the Tillsonburg Regional
Airport since they moved to the airport from Woodstock in 1988. The land lease agreement
terms were as follows:
• The Hangar One lease contract is dated 15th of August 1973 and has a lease
term of 20 years (Aug 14th, 1993) with a renewal option to August 14th, 2013. The terms of this agreement included an annual land lease fee of $1;
• The Hangar Two lease contract is dated 16th of June 1981 for a lease amount of
$401.28 (with a yearly CPI increase) per year for 25 years;
• The land lease amendment for the west portable unit was signed on 28th of
March 1992 at a land lease rate of 11 cents per SF (with a yearly CPI increase);
• A letter dated May 13, 1997 provided a copy of a resolution extending the lease
to 2013.
The Canadian Harvard Aircraft Association is an all-volunteer driven group with over 700
members worldwide. They are a registered charity and Class B museum and have been at
the Tillsonburg Regional Airport since 1988. Their events attract many visitors to the airport. Annual fuel purchases for CHAA are consistently over 17,000 litres. Fuel purchases
in 2014 reached 25,895 litres, which made it the second highest year for CHAA for fuel
purchases from Tillsonburg Regional Airport. Their pilots and volunteers are regular
SkyWay Café patrons all year round.
Staff brought forward Report DCS 14-04 at an in camera council meeting on January 13,
2014, seeking council direction to offer special terms and conditions to the Canadian
Harvard Aircraft Association (CHAA). However, Council did not agree to the terms and conditions presented by staff and subsequently staff were asked to seek out other options.
Since then, staff have been negotiating with CHAA representatives to explore alternative
solutions.
In terms of CHAA’s request to keep the status quo in terms of annual rent, this request is
not supportable based on the need for the airport to grow revenues and maintain the
airport infrastructure.
Hence, staff is recommending a phased in approach to bringing CHAA up to the standard
airport hangar land lease rate. This is based on CHAA’s limited ability to pay, their
significant contribution to airport activity and their status as a large fuel purchaser.
CONSULTATION/COMMUNICATION
Staff has discussed this proposal with the Canadian Harvard Aircraft Association and they
are agreeable to this approach as it enables them to better plan for the increase in costs to the organization.
Page 2 / 4 CAO
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FINANCIAL IMPACT/FUNDING SOURCE
The Canadian Harvard Aircraft Associations currently pays $763.56 for Hangar 2 and $1 for
Hangar 1.
Based on the footprint of the four buildings owned by CHAA, the lease amounts are
calculated as follows:
• Hangar 1 – 4,200 square foot x $0.29 = $1,218 annually;
• Hangar 2 – 7,832 square foot x $0.29 = $2,271.28 annually;
• Portable (East) –800 square foot x $0.29 = $232.00 annually; and,
• Portable (West) –726 square foot x $0.29 = $210.54 annually.
In order to mitigate the impact of the increased lease amount to CHAA as a charitable organization, a phased-in approach to the lease amount is being proposed for Council’s
consideration. The phased-in approach would start payments at $1,000 in 2015 with an
increase of $250 per year for the next 12 years until the full lease amount is reached in
2027.
Table 1 outlines the proposed phased in rate over the 20 year lease period. Table 1
Lease Year Lease Amount
2015 1,000
2016 1,250
2017 1,500
2018 1,750
2019 2,000
2020 2,250
2021 2,500
2022 2,750
2023 3,000
2024 3,250
2025 3,500
2026 3,750
2027 3,931.82
2028 3,931.82
2029 3,931.82
2030 3,931.82
2031 3,931.82
2032 3,931.82
2033 3,931.82
2034 3,931.82
HST is payable in addition to the lease amounts.
Page 3 / 4 CAO
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If CHAA were to pay the full amount for the lease period, the Town would receive a total of
$78,636 in revenue whereas the phased-in approach provides the Town with $59,955 in
revenue, which is a reduction of $18,682. Either amount is substantially more than the
total of $15,291.20 that would have been received over a 20 year period at the previous lease rate.
The land lease revenue would be allocated to the Airport budget.
Page 4 / 4 CAO
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L E A S E
(AIRPORT – LAND LEASE FOR HANGAR)
Made this _____ day of , 2014. B E T W E E N
THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter referred to as the “Lessor”)
- and -
CANADIAN HARVARD AIRCRAFT ASSOCIATION.
(hereinafter referred to as the “Lessee”) WHEREAS
The Lessor owns property legally described as Lots 5 & 6 and Part of Lots 2, 3, 4 and 7,
Concession 7 Dereham (the “Property”) in the Township of South West Oxford, County of Oxford, Province of Ontario. Contained on the Property is an airport (the “Airport”), agricultural lands and
buildings ancillary to the use of the Airport.
The Lessee is desirous to lease from the Lessor a portion of the Property being:
(a) 60 feet wide by 70 feet deep comprising of approximately 4,200 square feet (Hangar 1);
(b) 88 feet wide by 89 feet deep comprising of approximately 7,832 square feet (Hangar 2);
(c) Portable office space of 25 feet wide by 32 feet deep comprising of approximately 800 square feet (East Portable);
(d) Portable office space of 22 feet wide by 33 feet deep comprising of approximately 726
square feet (West Portable);
as marked on Schedule “A” (the “Premises”) containing existing airplane hangars (the “Hangars”) and portable office buildings (the “Portables”). The Lessor acknowledges that the Hangar and
Portable are not owned by the Lessor but by the Lessee.
In consideration of the covenants, agreements, warranties and payments herein set forth and provided for, the Parties hereto respectively covenant and agree as follows:
1. GRANT OF LEASE
(1) The Lessor leases the Premises to the Lessee:
(a) At the Rent set forth in Section 2;
(b) For the Term set forth in Section 3; and (c) Subject to the conditions and in accordance with the covenants, obligations and
agreements herein.
(2) The Lessor covenants that it has the right to grant the leasehold interest in the Premises free from encumbrances except as disclosed on title.
2. RENT
(1) Rent means the amounts payable by the Lessee to the Lessor pursuant to this Section
and includes Additional Rent.
(2) The Lessee covenants to pay to the Lessor, during the Term of this Lease, phased-in rent as follows (the “Base Rent” is calculated based upon $0.2900 per square foot of
building area multiplied by the total building footprint of 13,558):
Lease Year Lease Amount
2015 1,000
2016 1,250
2017 1,500
2018 1,750
2019 2,000
2020 2,250
2021 2,500
2022 2,750
2023 3,000
2024 3,250
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2
2025 3,500
2026 3,750
2027 3,931.82
2028 3,931.82
2029 3,931.82
2030 3,931.82
2031 3,931.82
2032 3,931.82
2033 3,931.82
2034 3,931.82
For every year of the Term, the lease amount plus H.S.T., and any other applicable services tax which may accrue on account of the Lessor collecting rent, payable yearly in
advance. Base Rent shall commence on the first day of the Term. If the first day of the Term is not January 1st then Base Rent for the first year of the term shall be prorated until
December 31 of the initial year. Base Rent shall then be due on 1st day of the year commencing on January 1st, 2015 and every 1st day of January thereafter. The Parties
further agree that the Lessor may, in their sole and absolute discretion, increase the Base Rent annually by the Consumer Price Index for the Province of Ontario as established by
Statistics Canada for the previous calendar year. The Parties agree that all increases in the Base Rent by the Consumer Price Index shall be cumulative. If the square footage of
the Premises expands then Base Rent shall accordingly increase in proportion to the additional square footage.
(3) The Lessee further covenants to pay all other sums required by this Lease to be paid by
it and agrees that all amounts payable by the Lessee to the Lessor or to any other party pursuant to the provisions of this Lease shall be deemed to be additional rent (“Additional
Rent”) whether or not specifically designated as such in this Lease.
(4) The Lessor and the Lessee agree that it is their mutual intention that this Lease shall be a completely carefree net lease for the Lessor and that the Lessor shall not, during the
Term of this Lease, be required to make any payments in respect the Premises other than charges of a kind personal to the Lessor (such as income and estate taxes and
mortgage payments) and to effect the said intention of the parties the Lessee promises: (a) To pay as Additional Rent: business taxes, real estate taxes and licenses if
applicable; (b) To pay $100.00 annually for each hangar as Additional Rent for such expenses
incurred by the Lessor for the maintenance and servicing to the Airport. The Parties further agree that this amount may, in the Lessor’s sole and absolute
discretion, be increased annually by the Consumer Price Index for the Province of Ontario as established by Statistics Canada or its successor organization, for
the previous calendar year. The Parties agree that all increases in the Additional Rent by the Consumer Price Index shall be cumulative; and,
(c) To pay for or provide servicing and maintaining the Premises and the Hangar and shall include the following:
(i) All utilities and services including, but not limited to, electricity, water,
sewage, natural gas and/or propane. The Lessee acknowledges that connection fees for utilities and services are entirely at the Lessee’s cost.
Further, the Lessee acknowledges that nothing in this Lease, including in this article, is a warranty, covenant or representation by the Lessor to
provide connections, utilities and/or services to the Premises or that the services and/or utilities can be extended to the Premises;
(ii) Snow removal and landscaping on the Premises including cutting the grass and weed control within one (1) metre of Premises, if applicable;
and, (iii) All repair, service and maintenance to the Hangar including reasonable
wear and tear;
(5) The Lessee hereby agrees to indemnify and protect the Lessor from any liability accruing to the Lessor in respect of the expenses payable by the Lessee as provided for herein;
(6) Additional Rent shall be payable yearly in advance on the same dates stipulated for
payment of Base Rent in Section 2 (2).
(7) All payments to be made by the Lessee pursuant to this Lease are to be in Canadian funds by bank draft, money order or cheque payable to the Lessor and shall be delivered
to the Lessor at the Lessor’s address for service set out in Section 14 or to such other place as the Lessor may from time to time direct in writing.
(8) All Rent in arrears and all sums paid by the Lessor for expenses incurred which should have been paid by the Lessee shall bear interest from the date payment was due, or
Lessor’s Initials __________ Lessee’s Initials __________
59
3
made, or expense incurred at a rate per annum equal to the prime commercial lending
rate of the Lessor’s bank plus two (2) per cent.
(9) The Lessee acknowledges and agrees that the payments of Rent and Additional Rent provided for in this Lease shall be made without any deduction for any reason
whatsoever unless expressly allowed by the terms of this Lease or agreed to by the Lessor in writing and no partial payment by the Lessee which is accepted by the Lessor
shall be considered as other than a partial payment on account of Rent owing and shall not prejudice the Lessor’s right to recover any Rent owing.
3. TERMS AND POSSESSION
(1) The Lessee shall have possession of the Premises for a period of twenty (20) years (the
“Term”), commencing on the 1st day of January 2015 and ending on the 31st day of December 2034.
(2) The Parties agree that the Term of this Lease may be renewed for one subsequent ten
(10) year term subject to approval by the Lessor in their sole and absolute discretion. The Base Rent in the renewal terms may be increased on the first day of the renewal term(s)
and annually each and every year, on the anniversary of the commencement of the term, by the Consumer Price Index for the Province of Ontario as established by Statistics
Canada for the previous calendar year. The Parties agree that all increases in the Base Rent by the Consumer Price Index shall be cumulative.
(3) Subject to the Lessor’s rights under this Lease, and as long as the Lessee is in good
standing, the Lessor covenants that the Lessee shall have quiet enjoyment of the Premises during the Term of this Lease without any interruption or disturbance from the
Lessor or any other person or persons lawfully claiming through the Lessor.
4. ASSIGNMENT
(1) The Lessee shall not assign this Lease or sublet the whole or any part of the Premises unless they first obtain the consent of the Lessor in writing, which consent shall not
unreasonably be withheld and provided the sub-lessee and/or assignee signs a written acknowledgement that he/she will be bound by the terms, conditions and rules as
provided for in this Lease. The Lessee hereby waives its right to the benefit of any present or future Act of the Legislature of Ontario which would permit the Lessee to
assign this Lease or sublet the Premises without the Lessor’s consent.
(2) The consent of the Lessor to any assignment or subletting shall not operate as a waiver of the necessity for consent to any subsequent assignment or subletting.
(3) Any consent given by the Lessor to any assignment or other disposition of the Lessee’s
interest in this Lease or in the Premises shall not relieve the Lessee from his obligations under this lease, including the 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 Lessee should be sold, assigned or transferred in any manner to a person other than the Lessee, then such transferee shall
sign a guarantee to be bound by the terms of this Lease.
5. USE
(1) During the Term of this Lease the Premises shall not be used for any purpose other than the storage, repair and operation of airplanes and all reasonably related functions,
including but not limited to the enjoyment of the Premises by the Lessee’s members for social gatherings and aviation education purposes, without the express consent of the
Lessor given in writing. The Lessee shall not construct a new hangar or any other building on the Premises except in accordance to the terms of this Lease.
(2) The Lessee shall not do or permit to be done at the Premises anything which may:
(a) Contravene the tenant policy as established by the Lessor from time to time. ;
(b) Cause damage to the Premises; (c) Cause injury or annoyance to occupants of neighbouring premises;
(d) Make void or voidable any insurance upon the Premises; (e) Constitute a breach of any by-law, status, order or regulation of any municipal,
provincial or other competent authority relating to the Premises, Septic Bed, Property or Airport; and,
(f) Create any environmental hazard. The Lessee shall not store, allowed to be stored or do anything that creates hazardous waste or toxic material as defined
by the Environmental Protection Act or any related or successor legislation. If any order is made by any level of government, including all agencies, Crown
corporations plus municipal bodies, or Court is made as a result of the Lessee’s, or its servants, directors, employees, invitees, customers or agents, actions or
Lessor’s Initials __________ Lessee’s Initials __________
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inaction under this Article or Articles 5(2)(e) or as a result of the septic bed
system used by the Lessee then the Lessee shall satisfy the terms of such order including, but not limited to, paying all costs of the work required and shall
indemnify and save the Lessor harmless from any costs, including legal costs, if the Lessor suffers any damages or pays any costs associated with such order.
(3) The Lessee shall:
(a) Not interfere in the use of the Airport or any other use of the Property. The
Lessee acknowledges that there are other uses of the Property and it shall not interfere in any other use of the Property. The Lessee further acknowledges that
there are other lessees and users of the Airport and it shall not unreasonably interfere in the use or operation of the Airport in any manner nor shall it do, or
allow to be done by any of its invitees, customers, employees or agents, anything that would cause or constitute a nuisance, safety violation or hazard to any other
lessee or any user of the Airport who are acting reasonably; (b) Comply with all federal and provincial transportation guidelines, regulations,
rules, by-laws, statutes, directives and any other such matter that governs the flight, use or operation of aircraft;
(c) Not block or obstruct the taxiways or runway and permit the ingress and egress to adjacent hangars, aprons and parking areas;
(d) Not conduct any major repairs to any motor vehicle of any kind other than an aircraft or any vehicle or machinery ancillary to or connected with aircraft;
(e) Not start any aircraft in the Hangar; (f) Not store any items on the Premises or in the Hangar other than aircraft and
related aircraft items except as specifically permitted in this agreement; (g) Not store any flammable products inside the Hangar or on the Premises with the
exception of fuel or necessary aircraft related products; (h) Notify the Lessor of any public activities and/or events no less than thirty (30)
days before such activity and/or event with approval by the Lessor, in their sole and absolute discretion and such approval not to be unreasonably withheld;
(i) Comply with all rules and regulations of the Airport and ensure the compliance of all the Lessee’s contractors, employees, agents, customers and invitees; and,
(j) Provide proof of documentation showing current and proper insurance coverage of any aircraft stored inside the Hangar.
(4) The Lessee acknowledges that the Lessor may require the adjustment in the Airport
leases and as such may demand the Lessee to move the Hangar and the location of the Premises. The Lessor shall compensate the Lessee for any expenses in moving the
Hangar as agreed between the Parties.
(5) The Lessee shall be permitted to maintain two (2) aircraft hangars and two (2) portable structures on the Premises as follows:
(a) The dimensions of the Hangars shall be 60 feet by 70 feet and 88 by 89 feet,
plus two auxiliary portable office buildings of 25 feet by 32 feet and 22 feet by 33 feet each;
(b) The siding, siding colour, roof colour and height of the building will be maintained in accordance with current Airport standards as approved by the Lessor;
(c) Any renovation shall comply with all applicable building code standards and by-laws of the municipality in which the Premises are located including the Township
of South West Oxford and any federal or provincial statutes, rules or regulations;
(d) The Lessee acknowledges and agrees to maintain the lot grading of the Property at the sole cost of the Lessee;
(e) Obtain all necessary permits at the expense of the Lessee as applicable; and, (f) The Lessee shall be responsible for and pay the cost of all repair, renovation,
and maintenance and nothing in this Lease shall render the Lessor responsible for any such costs.
(6) The Lessor acknowledges that it has granted access to the Lessee for the Lessee to
maneuver its aircraft from the Hangar to the adjacent taxiway and runway of the Airport. Further, the Lessor hereby grants to the Lessee, its successors and assigns, free and
uninterrupted access in, over, upon, across or through the hangar apron area, defined as sixteen point five (16.5) metres at the front and rear of the Hangar. The Lessor grants to
the Lessee the right to enter upon the hangar apron area at all times and to pass and repass thereon as may be required by the Lessee, and its licensees, successors,
assigns, servants, agents, employees and contractors including all necessary vehicles, equipment and machinery, from time to time, for the purposes of installing, maintaining,
replacing, and reconstructing a suitable, in the sole and absolute discretion of the Lessor, surface treatment to the hangar apron. Any cost of installing, removing, maintaining,
replacing and/or reconstructing the hangar apron shall be at the sole expense of the Lessee without contribution of the Lessor. The Lessee covenants that it shall not conduct
such work to the hangar apron without first obtaining the consent of the Lessee and such consent shall not be unreasonably withheld. The Lessee hereby releases the Lessor from
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any and every claim which may or might arise out of the proper exercise by the Lessee of
any of the rights granted herein. 6. REPAIR AND MAINTENANCE
(1) The Lessee covenants that during the term of this Lease and any renewal thereof the Lessee shall keep the Premises and Hangar in good condition including all alterations
and additions made thereto, and shall, with or without notice, promptly make all needed repairs and all necessary replacements as would a prudent owner. The Lessee shall be
responsible for all wear and tear to the Hangar and shall affect all repairs as necessary. Save and accept the Lessor’s, or its agents, contractors and employees, negligence
and/or intentional actions, at no time is the Lessor responsible for any repairs or damage to the Hangar and/or Premises.
(2) The Lessee shall permit the Lessor or a person authorized by the Lessor to enter the
Premises to examine the condition thereof 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 shall be given to the Lessee by or on behalf of the Lessor and the Lessee shall make the necessary repairs within the time specified in the
notice; and,
(b) if the Lessee refuses or neglects to keep the Premises in good repair the Lessor may, but shall not be obliged to, make any necessary repairs, and shall be
permitted to enter the Premises, by himself or his servants or agents, for the purpose of effecting the repairs without being liable to the Lessee for any loss,
damage or inconvenience to the Lessee in connection with the Lessor’s entry and repairs. If the Lessor makes such repairs the Lessee shall pay the cost of
them immediately as Additional Rent.
(3) Subject to any renewal, upon the expiry of the Term or other determination of this Lease the Lessee agrees to surrender peaceably the Premises to the Lessor in a state of good
repair and subject to the conditions contained in this Article 6(3) may remove the Hangar provided the Lessee places the Premises back into a similar condition as it was in prior to
the construction of the Hangar even if the construction of the Hangar predated this Lease. At any time during the Term, expiry of the Term, if an Act of Default occurs or
upon termination of this Lease if the Lessee is in arrears of any rent whatsoever the Lessee agrees that the Lessor shall be permitted to register such lien on the Hangar
under the Personal Property Security Act and possession of the Hangar will not be obtained by the Lessee until the lien is paid in full with all accrued interest and legal fees.
(4) The Lessee shall immediately give written notice to the Lessor of any substantial damage
that occurs to the Premises from any cause.
(5) The Lessee hereby agrees that at no time is the Lessor responsible for any damage, including damage to property or personal injury, as a result of the Lessee’s use of the
Premises, Airport or Property and the Lessee hereby waives any cause of action in law, equity or by statute as against the Lessor for any loss. The Lessee acknowledges that it
shall not institute any claim or make any demand against the Lessor, or anyone that may claim indemnity from the Lessor, for any personal injury or damage to property, including
aircraft, as a result of the Lessee’s use (including storage) of the Hangar, Airport or Property. The Lessee acknowledges that the use of the Airport, Hangar or Property is at
its own risk.
(6) The Lessee hereby forever releases the Lessor from any and all claims in law, equity or by statute as a result of any intentional or negligent acts of any other lessee and/or user
of the Property and/or Airport, or their agents, contractors, invitees, customers or employees that may cause death, personal injury or property loss to the Lessee or its
agents, customers, employees, contractors or invitees.
7. ALTERATIONS AND ADDITIONS
(1) If the Lessee, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Premises, including but not limited to; erecting
partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Lessee’s business but not including erecting a new hangar or any other
building, the Lessee may do so at his own expense provided that any and all alterations or additions to the Premises made by the Lessee must comply with all
applicable building code standards and by-laws of the municipality in which the Premises are located including the Township of Southwest Oxford and any federal or provincial
statutes, rules or regulations.
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(2) The Lessee shall be responsible for and pay the cost of any alterations, additions,
installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Premises.
(3) No sign, advertisement or notice shall be inscribed, painted or affixed by the Lessee, or
any other person on the Lessee’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 complies with the
Lessor’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 approved in every respect by the Lessor in writing.
(4) The Lessee agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be
registered against the Lessor’s property in connection with any additions or alterations to the Premises made by the Lessee or in connection with any other activity of the Lessee.
(5) The Lessee shall, at his own expense, if requested by the Lessor, remove any or all
additions or improvements made by the Lessee to the Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(6) The Lessee shall not bring onto the Premises or any part of the Premises any machinery,
equipment or any other thing that might in the opinion of the Lessor, by reason of its hazardous nature, weight, size or use, damage the Premises or the Property. If the
Premises or Property are damaged the Lessee shall restore the Premises immediately or pay to the Lessor the cost of restoring the Premises.
8. INSURANCE
(1) The Lessee covenants to keep the Lessor indemnified and save harmless the Lessor at
all times against all claims, suits, procedures, actions and demands (including but not limited to all legal costs) whatsoever and howsoever arising by any person, entity or
corporation whether in respect of damage, loss or death to person or property, arising out of or occasioned by the maintenance, use or occupancy of the Premises, Airport 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.
(2) 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.
(3) The Lessee shall carry such public liability and property damage insurance including personal injury and property damage coverage with at least two million ($2,000,000.00)
dollars in limits of each occurrence with respect the Premises and Lessee’s occupation of the Premises.
(4) All insurance policies in this Section 8 including this Article shall name the Lessor, where
applicable, as an insured and loss payee and the policy shall include a cross-liability endorsement.
(5) 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 in this Section 8.
9. ACTS OF DEFAULT AND LESSOR’S REMEDIES
(1) An Act of Default has occurred when:
(a) The Lessee has failed to pay Rent for a period of 45 consecutive days from the
date that payment has been requested by the Lessor;
(b) The Lessee has breached his covenants or failed to perform any of his obligations under this lease for a period of 45 consecutive days plus:
(i) The Lessor has given ten (10) days notice specifying the nature of the
default and the steps required to correct it; and, (ii) The Lessee has failed to correct the default as required by the notice;
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(c) The Lessee has:
(i) Become bankrupt or insolvent or made an assignment for the benefit of
creditors; (ii) Had its property seized or attached in satisfaction of a judgment;
(iii) Had a receiver appointed; (iv) Committed any act or neglected to do anything with the result that a
Construction Lien or other encumbrance is registered against the Lessor’s property; or,
(v) Taken action with a view to dissolution or liquidation;
(d) Any insurance policy is canceled or not renewed by reason of the use or occupation of the Premises, or by reason of non-payment of premiums;
(e) The Premises:
(i) Has become vacant or remain unoccupied for a period of 180
consecutive days. For the purposes of this section the Parties agree that the terms “vacant and “unoccupied” shall mean no use or utilization of
the Hangar and/or no storage of necessary tools, implements or equipment in the Hangar; or,
(ii) Is used by any other person or persons, or for any other purpose than as provided for in this Lease without the written consent of the Lessor.
(2) When an Act of Default on the part of the Lessee has occurred:
(a) The current year’s rent together with the next years’ rent shall become due and payable immediately; and,
(b) The Lessor shall have the right to terminate this Lease and to re-enter the Premises and deal with them as he may choose.
(3) If, because an Act of Default has occurred, the Lessor exercises his right to terminate this
Lease and re-enter the Premises prior to the end of the Term, the Lessee shall nevertheless be liable for payment of Rent and all other amounts payable by the Lessee
in accordance with the provisions of the Lease until the Lessor has re-let the Premises or otherwise dealt with the Premises in such manner that the cessation of payments by the
Lessee will not result in loss to the Lessor and the Lessee agrees to be liable to the Lessor, until the end of the Term of this Lease for payment of any difference between the
amount of Rent hereby agreed to be paid for the Term hereby granted and the Rent any new Lessee pays to the Lessor.
(4) If when an Act of Default has occurred, the Lessor chooses not to terminate the Lease
and re-enter the Premises, the Lessor shall have the right to take any and all necessary steps to rectify any or all Acts of Default of the Lessee and to charge the costs of such
rectification to the Lessee and to recover the costs as Rent.
(5) If, when an Act of Default has occurred, the Lessor chooses to waive his right to exercise the remedies available to him under this Lease or at law the waiver shall not constitute
condonation of the Act of Default, nor shall the waiver be pleaded as an estoppel against the Lessor to prevent his exercising his remedies with respect to a subsequent Act of
Default. No covenant, term, or condition of this Lease shall be deemed to have been waived by the Lessor unless the waiver is in writing and signed by the Lessor.
10. TERMINATION UPON NOTICE AND AT END OF TERM
(1) If the Premises and/or Property are subject to an Agreement of Purchase and Sale:
(a) The Lessor shall have the right to terminate this Lease, notwithstanding that the
Term has not expired, by giving ninety (90) clear days’ notice (the “Notice”) in writing to the Lessee and, at the Lessee’s option, the Lessor shall pay to the
Lessee the fair market value for the Hangar or the Lessee agrees to remove the Hangar and comply with Articles 6(3) and 7(5) of this Lease. Upon expiry of the
Notice the Lessee shall provide vacant possession of the Premises provided the Lessor pays to the Lessee a bonus of $500.00. For the purposes of this Article
and Articles 10(3) and 10(4) fair market value shall be determined as of the date of the issuing of the Notice.
(2) If the Lessee remains in possession of the Premises after termination of this Lease as
aforesaid and if the Lessor then accepts rent for the Premises from the Lessee, it is agreed that such overholding by the Lessee and acceptance of Rent by the Lessor shall
create a monthly tenancy only but the tenancy shall remain subject to all the terms and conditions of this Lease except those regarding the Term. The Parties agree that if the
Term is not renewed then upon expiry of the Term or if the Lessee is an overholding tenant then either Party may terminate the lease upon sixty (60) days written notice to the
other party and the Lessee shall comply with Articles 6(3) and 7(5) of this Lease.
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(3) Other than a termination of this Lease in accordance with Article 10(1) of this Lease, the
Lessor shall, at any time and notwithstanding that the Term has not expired, have the unqualified right to terminate this Lease upon one year’s prior written notification (the
“Notice”) if the Premises are required for any reason or purpose of the Lessor in which event the Lessor shall pay to the Lessee the fair market value for the Hangar, if erected
by the Lessee, unless the Lessee agrees to remove the Hangar and comply with Articles 6(3) and 7(5) of this Lease, and the Lessee shall provide such vacant possession upon
the expiry of the Notice provided the Lessor pays to the Lessee a bonus of $500.00.
(4) The Parties agree that it is their mutual intention that at the end of the Term of this Lease the lease shall be renewed upon such conditions and terms as agreed between the
Parties. The Parties further agree that although it is their mutual intention to renew the lease nevertheless either party may decide not to renew the lease for any reason. The
Parties acknowledge that upon such renewal all terms and conditions shall be negotiated between the Parties. If the Parties do not renew this Lease then the Parties agree that
the Lessor shall be granted the Right of First Refusal to purchase the Hangar (the “Option”). The Lessee covenants that it will not sell the Hangar, or any part thereof, to
any person, firm or corporation, without first providing the Lessor to exercise its Option as set out in the terms of this paragraph. Upon the Lessee receiving a bona fide offer in
writing (the “Third Party Offer”) the Lessee shall deliver to the Airport Office, 244411 Airport Road, Township of South-West Oxford, Ontario, a copy of the Third Party Offer
and the Lessor shall have twenty business days (the “Notice Period”) from the date of receipt of the Third Party Offer to exercise the Option to match the Third Party Offer. If
the Lessor exercises its option in the Notice Period then it must inform the Lessee at the Property in writing that it will purchase the Lessee’s interest in the Hangar on the same
terms and conditions, or more favourable terms to the Lessee at the Lessor’s discretion, as contained in the Third Party Offer (the “Lessor’s Offer”). If the Lessor exercises its
Option in the Notice Period then the Lessee must sell the Hangar to the Lessor upon the terms and conditions as contained in the Lessor’s Offer. If the Lessor does not exercise
its option in the Notice Period then the Lessee shall be at liberty to accept the Third Party Offer provided that there are no modifications to the Third Party Offer. If any
modifications are made to the Third Party Offer then the Lessor shall be permitted to exercise its option pursuant to the terms of this paragraph. For the purpose of this
paragraph, if the Lessee is a corporation, the word “sell”, in addition to its ordinary meaning, shall be deemed to mean and include a sale or disposition of the corporate
shareholding of the Lessee by the person or persons who, at the date of the commencement of the lease holds or hold a majority of the corporate shares. Subject
to the conditions contained in Article 4 of this Agreement, the Parties agree that prior to the expiry of this Lease if the Lessee seeks to assign this Lease to a third party then the
Lessor will agree to examine a proposal to extend the term of this Lease however nothing in this paragraph shall require the Lessor to accept any amendment of the term or new
term.
11. ACKNOWLEDGMENT BY LESSEE
(1) The Lessee agrees that he will at any time or times during the Term, upon being given at least forty-eight (48) hours prior written notice, execute and deliver to the Lessor 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 confirming 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 subtenancies.
12. SUBORDINATION AND POSTPONEMENT
(1) This Lease and all the rights of the Lessee under this Lease are subject and subordinate to any and all charges against the land, buildings or improvements of which the 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-financing, including extensions or
renewals, of the Lessor’s interest in the property.
(2) Upon the request of the Lessor the Lessee will execute any form required to subordinate this Lease and the Lessee’s rights to any such charge, and will, if required, attorn to the
holder of the charge.
(3) No subordination by the Lessee shall have the effect of permitting the holder of any charge to disturb the occupation and possession of the Premises by the Lessee as long
as the Lessee performs his obligations under this Lease.
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13. RULES AND REGULATIONS
The Lessee agrees on behalf of itself and all persons entering the Premises with the Lessee’s
authority or permission to abide by such reasonable rules and regulations of the Airport and/or Property which shall form part of this Lease and as the Lessor may make and/or amend from time
to time. 14. NOTICE
(1) Any notice required or permitted to be given by one party to the other pursuant to the terms of this Lease may be given
To the Lessor at:
Tillsonburg Regional Airport
Att: Airport Administrator 244411 Airport Rd
Tillsonburg, ON N4G 4H1 Fax: 519.842.9431
To the Lessee at the Premises or at:
Canadian Harvard Aircraft Association.
244411 Airport Rd, Box 175 Tillsonburg, ON N4G 4H5
(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 the other in accordance with the provisions of this Lease
shall be deemed conclusively to have been received on the date delivered if the notice is served personally or seventy-two (72) hours after mailing if the notice is mailed.
15. REGISTRATION
The Lessee shall not at any time register notice of or a copy of this Lease on title to the property
of which the premises form part without consent of the Lessor.
16. INTERPRETATION
(1) The words importing the singular number only shall include the plural, and vice versa, and words importing the masculine gender shall include the feminine gender, and words
importing persons shall include firms and corporations and vice versa.
(2) Unless the context otherwise requires, the word “Lessor” and the word “Lessee” wherever used herein shall be construed to included the executors, administrators,
successors and assigns of the Lessor and Lessee, respectively.
(3) When there are two or more Lessees bound by the same covenants herein contained, their obligations shall be joint and several.
17. 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 legislation. 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 clause shall not apply if the Lessee is in default under the terms of the Lease which include but are not limited to:
(a) Of its obligations to pay Rent, Base Rent and/or Additional Rent;
(b) Non-repair or maintenance of the Premises; (c) Subleased the Premises without the authorization of the Lessor, acting
reasonably; (d) Changed its use of the Premises; or,
(e) Used the Premises in any manner contrary to Article 5.
(3) This Lease, including any Schedule attached, shall constitute the entire agreement between the Lessor and Lessee. There is no representation, warranty, collateral
agreement or condition which affects this agreement other than expressed herein.
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(4) In the event that any clause herein should be unenforceable or be declared invalid for
any reason whatsoever, such enforce ability or invalidity shall not affect the enforce ability or validity of the remaining portions of the covenants and such unenforceable or invalid
portions shall be severable from the remainder of this Lease.
(5) This Lease shall be construed and enforced in accordance with the laws of the Province of Ontario. Any proceeding shall be brought at the City of Woodstock in the County of
Oxford, Ontario.
(6) The Lessee hereby agrees that they have had an opportunity to review the terms of this Lease and seek independent legal advice.
(7) Should any provision of this Lease require judicial interpretation or arbitration, it is agreed
that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by
reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties
have participated in the preparation hereof.
(8) This Lease constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements,
understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the Parties in
connection with the subject matter hereof, except as specifically set forth herein. No supplement, modification, waiver or termination of this Lease shall be binding unless
executed in writing by the Parties.
(9) The Lessee agrees that it has not relied upon any representation, promise or warranty of the Lessor with respect to the condition of the Premises, Hangar or any representation or
promise of the Lessor to repair, renovate or otherwise alter the Premises in any manner prior to or after commencement of the Term. The Parties agree that the Premises are
being offered to the Lessee in an “as is” condition. The Lessee shall not call on or demand the Lessor to perform any repairs or renovations prior to or after it obtains
possession. The Lessee acknowledges that it has performed its own due diligence in establishing the state of repair of the Premises including the Hangar.
In Witness of the foregoing covenants the Lessor and the Lessee have executed this Lease.
__________________________________
Lessor Stephen Molnar, Mayor
The Corporation of the Town of Tillsonburg I have authority to bind the Corporation.
__________________________________
Lessor Donna Wilson, Clerk
The Corporation of the Town of Tillsonburg I have authority to bind the Corporation.
Per:
____________________ _________________________ Witness
I have authority to bind the Corporation
____________________ _________________________ Witness
I have authority to bind the Corporation
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APPENDIX A - THE “PREMISES”
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3887
A BY-LAW to Authorize a Lease Agreement between the Corporation of the Town of Tillsonburg and Canadian Harvard Aircraft Association.
WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an lease
agreement with the Canadian Harvard Aircraft Association for four buildings totaling 13,558 square foot at the Tillsonburg Regional Airport for a twenty (20) year term expiring on December 31, 2034
subject to the terms and conditions contained within the lease agreement;
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
1. THAT the Lease Agreement attached hereto forms part of this by-law;
2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement on behalf
of the Corporation of the Town of Tillsonburg.
This by-law shall come into force and take effect immediately after the final passing hereof.
READ A FIRST AND SECOND TIME THIS 9th DAY OF MARCH, 2015. READ A THIRD AND FINAL TIME AND PASSED THIS 9th DAY OF MARCH, 2015.
___________________________ MAYOR – Stephen Molnar
___________________________ CLERK – Donna Wilson
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STAFF REPORT OPERATIONS SERVICES
Report Title: Results for Tender # T2015-001 Camdon Court / Third St.
Reconstruction
Report No.: OPS 15-05
Author: Kevin De Leebeeck, P.Eng., Director of Operations
Meeting Type: REGULAR COUNCIL
Council Date: MARCH 9, 2015
Attachments: NONE
RECOMMENDATION:
THAT Council receive Report OPS 15-05, Results for Tender # T2015-001
Camdon Court / Third St. Reconstruction;
AND THAT Council award Tender # T2015-001 to Greenfield Contracting of Sarnia, Ontario at a cost of $525,049.29 (net HST included), the lowest bid
received satisfying all Tender requirements;
AND THAT A By-Law authorizing the Mayor and Clerk to enter into the agreement with Greenfield Contracting for the reconstruction of Camdon Court and Third Street be brought forward for Council consideration.
SUMMARY
Tenders were called for the reconstruction of Camdon Court and Third Street as shown
in Figure 1. A total of nine (9) plan takers and eight (8) bids were received on February
26th 2015 with the lowest bid from Greenfield Contracting of Sarnia, Ontario for
$525,049.29 (net HST included).
The reconstruction of Camdon Court will involve the installation of new watermain, new
asphalt road surface including curb and gutter that will eliminate the need for road side
ditches and culverts. New sidewalk will also be constructed along the east side of
Camdon Court as well as on the north side of Virginia Avenue to provide a continuous
link of active transportation from Glendale Drive to Adams Avenue.
The reconstruction of Third Street will involve the installation of new sanitary sewers,
new asphalt road surface including curb and gutter that will eliminate the need for road
side ditches and culverts.
The tender was advertised on the Tillsonburg website, the Tillsonburg News and the Daily Commercial News. Results of the tender are summarized below:
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Bidder Location Bid Amount
1. Greenfield Contracting Sarnia, ON $ 525,049.29
2. 291 Construction Ltd. Dorchester, ON $ 601,838.76
3. Elgin Construction St. Thomas, ON $ 607,159.57
4. Omega Construction London, ON $ 608,045.00
5. Tri-Con Excavating London, ON $ 617,588.56
6. Viewcon Construction Woodstock, ON $ 645,396.26
7. Bre-Ex Ltd. London, ON $ 759,734.18
8. Euro Ex Construction Woodstock, ON $ 821,319.46
The above bids include net HST of 1.76% The lowest bid amount is comprised of $206,118.31 County and $318,930.98 Town
costs. The bids also included a $25,000 contingency allowance for advertising, material
testing, and any unforeseen expenses encountered during construction. Approval for
the watermain and sanitary sewer works has been received through Transfer of Review from Oxford County. The references for Greenfield Contracting were also satisfactory.
CONSULTATION/COMMUNICATION
An information letter was hand delivered to affected residents on January 27th 2015 advising of the reconstruction project and that a set of drawings were available for public viewing at the Customer Service Centre between the hours of 8am to 4pm from
January 27th to February 27th 2015. Staff were able to discuss the scope of work with
all but two (2) residents in the Camdon Court area on January 27th 2015. A total of
three (3) residents, all from the Camdon Court area, came to view the drawing set and provided additional comments, the majority of which are summarized below:
- Location of watermain,
- Location of sidewalk,
- Driveway culverts, and - Construction timing.
The watermain replacement will occur in the same location as the existing watermain
along the east side of Camdon Court. In order to minimize the amount of restoration
work, provide a continuous link of active transportation, service more residents, and to continue the same style of sidewalk within the subdivision, the new boulevard sidewalk will also be located along the east side of Camdon Court.
The roadway profile of Camdon Court is also being adjusted to improve surface
drainage that will eliminate the need for driveway culverts. The removal of driveway culverts is part of the scope of work including all required restoration works. It is anticipated that this project will be completed by late spring/early summer.
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COMMUNITY STRATEGIC PLAN IMPACT
Goal 3.3 of the Community Strategic Plan speaks to supporting the aging population and an active senior citizenship by retrofitting municipal infrastructure for universal
accessibility.
FINANCIAL IMPACT/FUNDING SOURCE
The Town budget component of funding is comprised of $150,907 from Taxation and $129,093 from Reserves for a total funding allocation of $280,000 resulting in a budget
shortfall of $38,930.98. Staff will try to mitigate this budget shortfall during the
construction of not only this project, but other capital projects planned for 2015, to
reduce any additional allocation from reserves or from the year-end consolidated surplus due to capital budget shortfalls.
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3887
A BY-LAW to Authorize a Lease Agreement between the Corporation of the Town of Tillsonburg and Canadian Harvard Aircraft Association.
WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an lease
agreement with the Canadian Harvard Aircraft Association for four buildings totaling 13,558 square foot at the Tillsonburg Regional Airport for a twenty (20) year term expiring on December 31, 2034
subject to the terms and conditions contained within the lease agreement;
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
1. THAT the Lease Agreement attached hereto forms part of this by-law;
2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement on behalf
of the Corporation of the Town of Tillsonburg.
This by-law shall come into force and take effect immediately after the final passing hereof.
READ A FIRST AND SECOND TIME THIS 9th DAY OF MARCH, 2015. READ A THIRD AND FINAL TIME AND PASSED THIS 9th DAY OF MARCH, 2015.
___________________________ MAYOR – Stephen Molnar
___________________________ CLERK – Donna Wilson
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3886
BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 9th
day of March, 2015
WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a
municipal corporation shall be exercised by its council;
AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal
powers shall be exercised by by-law;
AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of
Tillsonburg at this meeting be confirmed and adopted by by-law;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF
TILLSONBURG ENACTS AS FOLLOWS:
1. All actions of the Council of The Corporation of the Town of Tillsonburg at its special
meeting and regular meeting held on March 9, 2015, with respect to every report, motion,
by-law, or other action passed and taken by the Council, including the exercise of natural
person powers, are hereby adopted, ratified and confirmed as if all such proceedings were
expressly embodied in this or a separate by-law.
2. The Mayor and Clerk are authorized and directed to do all the things necessary to give
effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to
in the preceding section.
3. The Mayor and the Clerk are authorized and directed to execute all documents necessary
in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg.
4. This by-law shall come into full force and effect on the day of passing.
READ A FIRST AND SECOND TIME THIS 9TH DAY OFMARCH, 2015.
READ A THIRD AND FINAL TIME AND PASSED THIS 9TH DAY OF MARCH, 2015.
________________________________
Mayor – Stephen Molnar
________________________________
Municipal Clerk – Donna Wilson
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