2021-065 Schedule ATILLSONBURG AIRPORT HANGAR LEASE
This Lease is made this 14 day of June, 2021 (the "E ffective Date").
BETWEEN
THE CORPORATION OF THE TOWN OF TILLSONBURG
-and -
Nathan Bain and Emily Crombez
93 Windham Road #3
Norwich Ontario
NOJ 1PO
(the "Landlord")
(the "Tenant")
WHEREAS the Landlord owns all and singular that certain parcel or tract of land and premises situated ,
lying and being in the Township of So uth West Oxford in the County of Oxford , being compromised of:
PT LT 3-4 CON 7 DERE HAM; LT 5-6 CON 7 DEREHAM ; PT LT 7 CON 7 DEREHAM PT 1 , 2, 3, 4 & 5,
41 R2877 , PT 2 & 3 , 41 R2714, PT 1, 2 & 3, 41 R4343, PT 1. 2 , 3 & 4 , 41 R4545; SIT 406551 ; SOUTH -WEST
OXFORD;
PIN: 00016-0089 (LT); LRO #41 ;
municipal address being 244411 Airport Road, Tillsonburg , ON N4G 4H1 ;
referred to herein as the "Property", the "Airport" or the "Tillsonburg Airport" upon which is located the
Tillsonburg Airport which is owned and operated by the Landlord.
In consideration of the covenants, agreements , warranties and payments herein set forth and provided for,
the sum of two dollars ($2.00) paid by each party to the other and other good and valuable consideration,
th e receipt and sufficiency of whi ch is hereby acknowledged , the Parties hereto respectively covenant and
agree as follow s:
1. LEASED PREMISES
(1) The Leased Premises shall consist of a portion of th e Tillsonburg A irport id entified as
Taxiway G1 Lot 6 on the plan attached as Sched ul e "A", being the area upon which th e
T enant's airpl ane hangar s hall be located plus one (1) metre of land extend ed beyond the
exterior perimeter of th e Tenant's airplane hangar building (the "Lea sed Premises").
(2) Notwithsta nding the above, th e Landlord reserves th e right to assign an a lte rnate lot to the
Tenant on thirty (30) days' written notice at any time prior to the commencement of
constru ctio n of th e Tenant's hangar.
(3) T he Landlord cove nants and agrees to th e constru ction by the Tenant of an airplane
hangar on the Leased Premises being a Hangar, (the "Hangar'') su bject to the provi sions
of Schedule "B''. The Tenant shall complete the construction of the Hangar at its so le cost
and expense.
(4) The Landlord covenants an d ag re es th at th e Han gar on the Leased Premises is not owned
by the Landlord but is owned by the Tenant.
2. GRANT OF LEASE
(1) The Landlord leases the Leased Premises to the Tenant:
(a) at the Rent set forth in Section 3 ;
(b) for th e Term se t forth in Section 4; and
(c) subjec t to the co nditions and in accordance with the covenants, obligations and
agreements here in including schedules .
(2) The Landlord covenan ts that·it has th e right to grant the leasehold inte rest in th e Leased
Premises free from encumbrances except as disclosed on titl e.
3. RENT
(1) Rent means the amounts payable by the Tenant to the Landlord pursuant to this Section
and includes Additional Rent.
(2) The Ten t cove nants to pay to the Landlord . during the Term of thi s Lease rent as follows
(the "B e Rent"): r every year of the Term. the total sum of $1080 .00 per annum (base d
T enan t 's In iti al s (,C A -
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upon $0.30 per square foot of Hangar building area) plus H.S .T., and any other applicable
services tax which may accrue on account of the Landlord collecting rent , payable yearly
in advan ce. Base Rent shall commence on the first day of the Term. If the first day of the
Term is not January 1 •1 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 151 day of the year
commencing on January 151 , 2022 and every 1•1 day of January thereafter. The Parties
further agree that the Landlord may, in their sole and absolute discretion , increase the Base
Rent annually in accordance with the Town of Tillsonburg Rates and Fees Bylaw, as
amended. If the square footage of the Hangar on th e Leased Premises expands then the
Base Rent shall accordingly increase in proportion to the additional square footage.
(3) The Tenant further covenants to pay all other sums required by this Lease to be paid by it
and agrees that all amounts payable by the Tenant to the Landlord or to any other party
pursuant to the provisions of this Lease shall be deemed to be additional rent ("Additional
Rent") whether or not specifically designated as such in this Lease.
(4) The Landlord and the Tenant agree that it is their mutual intention that this Lease shall be
a completely carefree net lease for the Landlord and that the Landlord shall not , during the
Term of this Lease , be required to make any payments in respect the Leased Premises
other than charges of a kind personal to the Landlord (such as income and estate taxes
and mortgage payments) and to effect the said intention of the parties the Tenant promises :
(a) to pay as Additional Rent: business tax es, real estate taxes and licenses if
applicable;
(b) to pay all annual fees in accordance with the Town of Tillsonburg Rates and Fees
Bylaw, as amended, as Additional Rent for such expenses incurred by the
Landlord for the maintenance and servicing of the Airport; and,
(c) to pay the Landlord a one-time capital recovery charge, based on actuals . for the
Landlord to construct the associated hangar apron, if applicable ; and,
(d) to pay for or provide servicing and maintaining the Leased 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 propane . The Tenant acknowledges that
connection fees for utilities and services are entirely at th e T enant 's cost.
Further, the Tenant acknowledges that nothing in this Lea se, including in
this article. is a warranty, co v ena nt or representation by the Landlord to
provide connecti ons. utilities or services to the Leased Premises or that
the services or utilities can be extended to the Lea sed Premises;
(ii) s now removal and landscaping on th e Leased Premises including cutting
the grass and weed control of the Leased Premises inc luding th e one (1)
metre area around the perimeter of the Hangar;
(iii) all repair, se rvi ce and maintenan ce to th e Hangar in cluding reason able
wear and tear; and,
(iv) to pay airport infrastructure fees in accordance with the Town of
Till sonburg Rates and Fees Bylaw, as amended.
(5) T he Tenant he reby agrees to ind emnify and protect the Landlord from any liability accruing
to the Landlord in respect of the expe nses payable by the Tenant as provided for herein .
(i) The Tenant on behalf of itself/him se lf/herself/themse lves, its/his/her/th ei r
heirs , executors. administrators an d assigns, including its/his/her/their
successors in title, hereby covenants and agrees to indemnify and save
harmless the Landlord from all actions, cause of actions , suits , claims,
demands, damages, losses, cos ts , charges and expen ses of every nature and
kind whatsoever by whomsoever make brought or prosecuted , including lega l
fees , which the Landlord may incur or have to pay, which may arise ei th er
directly or indirectly by re aso n of any activity, actions , performance.
neg lig ence or non-perfo rmance of the Tenant, its employees, servants ,
agents , co ntractors, s ubcontra ctors, architect. land scape architect, engineer,
surveyor, planner, cons ultant , project m anag er or any oth er per son the Tenant
is responsible for at law during the duration of this Agreement ; in executing
the Works und er this Agreement; by reason of installation of any Works
required und er this Agreement; by the failure of the Tenant to co mplete the
installatio n of the Works required under this Agreement; because of or on
account of th e ownership, construction , use existence , or maintenance of the
property described in the Agreement ; by the exerc ise of the Tenant's powers
under this Ag re ement; the co nstruction , maintenance or the improper or
inadeq uate co nstructi on. installation and/or maintenance of the Works ; any
act or omission of said parties while undert aking th e Works; or by reaso n of
the neglect of th e Tenant or its employees, servants, agents, contractors ,
subco ntractors or others for whom the Tenant is responsible at law .
(ii) Without limiting th e generality of the foregoing , the Tenant agrees to indemnify
and save harm less the Landlord for any issues related to th e altera tion of any
gr e or ex·sting level constru ction , th e maintenance or r epair of any t ax iway
T enant 's In iti als t:,C /'...:--
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within the Airport, or by r easo n of the failure , neglect or omission of the Tenant
to do anything agreed to be done pursuant to thi s Agreement or by reason of
any act or omission of the Tenant. including failure of the Tenant to comply
with th e Construction Act.
(6) Additio nal Rent shall be payable yearly in adva nce on th e same dates stipulated for
payment of Base Rent in Sect ion 3 (2).
(7) All payments to be mad e by the Tenant pursuant to this Lease ar e to be in Ca nadian funds
by bank draft, money order or chequ e payable to the Landlord and shall be d e livered to
th e Landlord at the Landlord 's address for service set out in Section 17 or to s uch oth er
pla ce as the Landlord may from tim e to time direct in writing.
(8) All Rent in arrears and all sums paid by the Landlord for expenses incurred which should
have been paid by the Tenant shall bear interest fro m the date payment was due, or made ,
or expense incurred at a rate per annum equal to the prime commercial lending rate of the
Landlord's bank plus two (2) per cent.
(9) The Tenant acknowledges and agrees that the payments of Rent and Additional Rent
provided for in this Lease s hall be made without any deduction for any rea son whatsoever
unless expressly allowed by the terms of thi s Lease or agreed to by the Landlord in writing
and no partial payment by the Tenant whi ch is accepted by the Landlord shall be
considered as other than a partial payment on account of Rent owing and s hall not
prejudice the Landlord 's right to recover any Rent owing.
4. TERMS AND POSSESSION
(1) The Tenant shall have possess ion of the Lea se d Premises for a period of twenty years , six
months (the "Term"), commencing on the 14 day of June , 2021 an d e nding on th e 1" day
of January, 2042.
(2) The Tenant shall pay any and all connection costs for hydro , gas, water, heating , air-
conditioning and for all other services and utiliti es as may be provid ed to the Leased
Premises. The Tenant s hall arrange with the local authority for connection of gas,
electri city and water in the name of the Tenant . Nothing in this paragraph or lease is a
warranty or representation by the Land lord th at any utiliti es or services are extended to the
Leased Premises or ca n be extended to the Lea sed Premises.
(3) S ubject to the Landlord 's rights und er this Lease , and as long as the Tenant is in good
s tan ding , th e Land lord covenants that the Tenant s hall have quiet enjoyment of th e Leased
Premises du ring the Term of this Lease without any interrupti on or disturbance from th e
Landlord or any other person or persons lawfu lly cl aiming through th e Landlord .
5. ABATEMENT OF RENT DURING CONSTRUCTION
(1) So long as the Lease has been fully executed , th e Tenant has provided th e Landlord with
proof of the Tenant s in surance , and th e Tenant has paid the first and last month 's Re nt to
be held as a deposit , th e Landlord sha ll provide the Tenant with possession of the Leased
Premises for a period of up to six (6) months commencing on the Effective Date for the
purposes of constru ct ing the Hang ar on the Lea sed Premises. All terms of th e Lease s hall
be applicable from th e Effective Date save and except for th e payment of Re nt, Base Rent
and Additiona l Re nt which s hall be payable as of th e first day of th e month of occupancy
of th e Hangar or the expiry of the six (6) month co nstru ction period whichever occurs first.
(2) In the event the Tenant has not co mpleted co nstru cti on of the Han gar within the six (6)
month co nstru ction peri od, the Landlord , in its so le and abso lute discretion. may exten d
the co nstru ct ion period up on written r eq uest of the T enant or terminate th is Lease of which
then th e Tenant's deposit provided in Section 5 (1) would be forfeited .
6. ASSIGNMENT
(1) The Tenant shall not assign thi s Lease or sublet th e whole or any part of th e Leased
Premises unl ess they first obtain the co nsent of th e Landlord in writing , which consent s hall
not unreasonably be wi thh eld and provided th e s ub -Tenant and/or assignee s igns a written
acknowledgement that he/she will be bound by th e terms . co ndition s and rules as provid ed
fo r in this Lease . The Tena nt hereby waives its right to the benefit of any present or future
Act of the Leg islature of Onta ri o whi ch would permit the Te nant to ass ig n thi s Lease or
s ubl et the Leased Prem ises without the Land lord's co nse nt.
(2) The consen t of the Landlord to any assig nment or su bl etting shall not operate as a waiver
of th e necessity for co nse nt to a ny su bseq uent assignme nt or s ubletting.
(3) A ny co nsent given by th e Landlord to any ass ign me nt or oth er disposition of the Tenant's
inter est in this Lease or in th e Leased Premises sha ll no t re li eve the Tenant from its
obligations und er this lease , in cluding the obli gat ion to pay Ren t. Base Rent and Additional
Re nt as provid ed for herein.
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(4) If all or more than 50% of the shares in the Tenant should be sold, assigned or transferred
in any manner to a person other than the Tenant, then such transferee shall be bound by
the terms and conditions of this Lease.
7. USE
(1) During the Term of this Lease the Leased Premises shall not be used for any purpose other
than as an aircraft hangar for the storage , repair and operation of airplanes , without the
express consent of the Landlord given in writing. The Tenant shall not construct a new
hangar or any other building on the Leased Premises except in accordance to the terms of
this Lease .
(2) The Tenant shall not do or permit to be done at the Leased Premises anything which may:
(a) contravene any Airport use, standards, or tenant policy as established by the
Landlord from time to time;
(b) cause damage to the Leased Premises ;
(c) cause injury or annoyance to occupants of neighbouring premises ;
(d) make void or voidable any insurance upon the Leased Premises;
(e) constitute a breach of any by-law , status, order or regulation of any municipal ,
provincial or other competent authority relating to the Tillsonburg Airport, the
Leased Premises including any septic bed or other property, equipment or
appurtenances; and,
(f) create an environmental hazard. The Tenant shall not store, allowed to be stored
or do anything that creates hazardous waste or toxic material as defined by the
Environmental Protection Act or any related or successor legislation . If an order is
made by any level of government, including all agencies, crown corporations .
municipal bodies , or a court is made as a result of the Tenant's , or its servants,
directors . employees, invitees . customers or agents, actions or inaction under this
Article or Article 7(2)(e) above or as a result of the septic bed system used by the
Tenant then the Tenant 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
Landlord harmless from any costs. including legal costs. if the Landlord suffers any
damages or pays any costs associated with such order.
(3) The Tenant s hall:
(a) not interfere in the use of th e Airport or any other us e of the Property. T he Te nant
acknowledges that there are other uses of th e Property and it shall not inte rfere in
any other use of the Property. The Tenant further acknowledges that there are
other Tenants 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
co nstitute a nuis ance . safety violation or hazard to any other Te nant 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 perform aircraft repair or maintenance outside of the Lea sed Premises;
(f) not start any aircraft in th e Hangar;
(g) not store any it ems on the Leased Premises, surro unding Property or in the Hangar
other than aircraft and related aircraft items except as specifically permitted in thi s
agreement ;
(h) not store any flammable products ins ide the Hangar or on th e Leased Premises
with th e exception of fu el or necessary aircraft related products;
(i) notify the Landlord of any public activities and/or ev ents no less than thirty (30)
days before such activity and/or event with approval by the Landlord , in its sole
and absolute discretion and such approval not to be unreaso nably withheld ;
0) comply with all rules and regulations of the Airport and ens ure the compliance of
all th e Tenant's contractors, employees , agents, customers and invitees ; and ,
(k) provide proof of documentation showing current and proper in suran ce cove rag e of
any aircraft stored inside the Hangar.
(4) The Tenant covena nts and agrees that the Landlord may require th e adjustment in the
Airport leases and as such may demand th e Tenant move the Hangar and the loca tion of
th e Leased Premises . The Landlord sha ll compensate the Tenant for any expenses in
moving the Hangar as agreed between the Parties .
(5) The T ena nt shall be permitted to co nstru ct and mainta in one (1) aircraft hangar (the
"Works") on the Leased Premises as follows :
(a) the dimensions of the Hangar sha ll be 60 feet by 60 fe et for a total floor area of
/\ /\Ztjuare feet;
Land lord's l nifl s w-T ena nt 's Initial s (,C ~
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(b) the style of the Hangar shall be either a pole barn style building or a metal frame
building ;
(c) the s iding , siding colour. roof colour, hanger number, and height of the build ing will
be maintained in accordance with current Airport standards as approved by the
Landlord ;
(d) th e hangar apron shall be co nstructed of a hard surface (i.e. asphalt or concrete)
with a minimum 300mm (12") structural sub-base to the satisfaction of the
Landlord ;
(e) any construction or renovation shall comply with th e co nstruc tion requirements of
the Landlord in its sole and absolute di scretion including the construction
requirem ents detailed in Schedule "B" to this Lease and all applicable building code
standards and by-laws of the municipality in whic h the Leased Premises are
located and any federal or provincial statutes. rules or regulation s;
(f) prior to the commencement of construction , th e Tenant shall submit , at it s sole
cost , a site plan and drainage/grading plan which shall include, but not limited to.
the information required in this Article 7(5) of this Lease and the propos ed floor
elevation , which all shall be subject to the approval of the Landlord ;
(g) the Tenant agrees to mainta in the lot grading during and after construction and
erection of the Hangar and shall comply with the lot grading and drainage
requirements of the Landlord at the sole cost of the Tenant ;
(h) obtain all necessary permits, as applicable, at the expense of the T enant ; and ,
(i) th e Tenant shall be responsible for and pay the cost of all repair, renovation , and
maintenan ce and nothing in thi s Lease shall render the Landlord responsible for
any such costs.
(6) The Landlord acknowledges that it has granted acce ss to the Tenant for the Tenant to
maneuver its aircraft from the Ha ngar to the adjacent taxiway and runway of the Airport.
Further, the Landlord hereby grants to the Tenant , its successors and assigns , free and
uninterrupted access in , over, upon , across or through the Hangar apron area , defined as
6 metres wide and 26 metres from the front of the Hangar to the adjacent taxiway . Th e
Landlord grants to the Tenant th e right to enter upon the Hangar apron area at all times
and to pa ss and re-pass thereon as may be required by the Tenant . and its licensees .
successors, assigns, servants, agents, employees and contractors including all ne cessa ry
vehicles, equipment and machinery, from time to time, for the purposes of in stalling ,
maintaining, repl acing , and reconstru cting a suitab le surface treatment to the Hangar apron
as approved by the Land lord in its so le and absolute discretion. Any cost of in stalling ,
removing , maintaining, repl acing and/or reco nstructing the Hangar apron shall be at th e
so le expense of the Tenant without co ntributi on of th e Landlord. T he Tena nt covenants
that it shall not conduct such work t o th e Hanga r apro n without first obta ining the consent
of the Landlord and such co nsent s hall not be unreaso nab ly withheld . T he Tena nt hereby
releases the La ndlord from any a nd every claim which may or might arise out of th e proper
exercise by th e Tenant of any of the right s granted herein.
8. CONSTRUCTION IMPLEMENTATION SCHEDULE
(1) The Ten ant hereby undertakes to co mplete the work herein in accordance with th e
tim efra mes set out in th e Sched ule "C" (th e "Co nstru ction Sched ule"). The Tenant shall
submit a proposed construction schedule which shall be subject to amendments and
ap proval by the Landlord and attached hereto as Sched ule "C". A variance to th e
tim efra me s will on ly be allowed if approved in writing by the Landlord . Failure l o comply
may re sult in the Tenant being in default of this Agreement and the Lan dl ord may seek
remedy pursuant to this Agreement.
(2) T he Landlo rd approved work s hall be carri ed out by th e Tenant in a proper and professional
manner so as to do as little damage or dis tu rba nce as possible l o the Airport lands or the
Airport's infrastru cture . The Tenant shall repa ir and make good all damage an d disturbance
that may be caused lo the Airport land s or th e Airport's infras tru cture , lo the satisfaction of
the Land lord , acting reasonably , at th e sole expense of th e Te nant.
(3) During construction, the works l o be ca rried out by the Tenant , sha ll be maintained in all
respects in a state of good repair by the Tenant, in cluding keepin g th e site in a sound , neat,
sa fe and clean co ndition to th e sa ti sfactio n of the Land lord . If the site i s not kept in a state
of good repair, upon seve n (7) bu siness days writte n notice to the T enant (or such s hort er
time as may be required in th e case of an emerg ency or other urge nt matters or as
otherwi se provided here in ), the Land lord s hall have the right to do any work neces sary l o
fulfill this cond ition and all costs incurred by the Land lo rd shall be recovered from th e
Tenant and may be re covered as Additional Rent.
9. REPAIR AND MAINTENANCE
(1) The Tenant covenants that during th e term of this Lea se and any ren ewa l the reof , th e
T enan t shall keep th e Leased Pr emises and Hang ar in good co ndition including all
alteratio ns and additions made thereto , and shall , with or without notice . promptly make all
needed repa irs an d all necessary repl aceme nts as would a prudent owner. The Te nant
s hall be responsible for all wear and tear to th e Hangar an d shall affect all repairs as
Landlord 's l ni 1ia l T enant 's l ni1i al s t ~ /'-0-
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necessary. Save and accept the Landlord 's, or its agent's, contractor's and employee's
negligence or intentional actions, at no time is the Landlord responsible for any repairs or
damage to the Hangar or the Leased Premises.
(2) The Tenant shall permit the Landlord or a person authorized by the Landlord to enter the
Leased Premises including the Hangar 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 Tenant by or on behalf of the Landlord
and the Tenant shall make the necessary repairs within the time specified in the
notice; and,
(b) if the Tenant refuses or neglects to keep the Leased Premises including the
Hangar in good repair the Landlord may, but shall not be obliged to, make any
necessary repairs, and shall be permitted to enter the Leased Premises and
Hangar, including by its servants or agents , for the purpose of effecting the repairs
without being liable to the Tenant for any loss. damage or inconvenience to the
Tenant in connection with the Landlord 's entry and repairs . If the Landlord makes
such repairs the Tenant 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 Tenant agrees to surrender peaceably the Leased Premises to the Landlord in a state
of good repair and subject to the conditions contained in this Article 9(3). The Tenant may
remove the Hangar provided the Tenant places the Leased 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 Tenant is in arrears of any rent
whatsoever the Tenant agrees that the Landlord shall be permitted to reg ister such lien on
the Hangar under the Personal Property Security Act and possession of the Hangar will
not be obtained by the Tenant until the lien is paid in full with all accrued interest and legal
fees.
(4) The Tenant shall immediately give written notice to the Landlord of any substantial damage
that occurs to the Leased Premises including the Hangar from any cause .
(5) The Tenant hereby agrees that at no time is the Landlord responsible for any damage ,
including damage to property or personal injury, as a result of the Tenant 's use of the
Leased Premises, Airport or Property and the Tenant hereby waives any cause of action
in law, equity or by statute as against the Landlord for any lo ss. The Tenant acknowledges
that it shall not in stit ute any claim or make any demand against the Landlord, or anyone
that may c laim indemnity from the Landlord, for any personal injury or damage to property,
including aircraft, as a result of the Tenant's use (including storage) of the Hangar, Airport
or Property. The Tenant acknowledges that the use of th e Airport, Hangar or Property is
at its own ri sk .
(6) The Tenant hereby forever releases th e Landlord from any and all claims in law , equity or
by statute as a result of any intentional or negligent acts of any other Tenant and/or use r
of the Property and/or Airport. or their agents, con tractors , invitees, customers or
employees that may cause death, personal injury or property loss to the Tenant or its
agents . customers , employees, contractors or invitees.
10. ALTERATIONS AND ADDITIONS
(1) If the Ten ant , during th e T erm of this Lea se or any renewal of the Lea se. de sires to make
any alterations or additions to the Leased Premises, in cluding but not limited to ; erecting
partitions, attaching eq uipment, and installing necessary furnishings or additional
eq uipment of th e Tenant's business but not including erect ing a new hangar or any other
accessory building, the Tenant may do so at his own expense provided that any and all
alterations or additions to the Lea sed Premises made by the Tenant must comp ly with any
req uirement of the Landlord in cluding Sched ule "B " and all applicable building code
standards and by-laws of th e munic ipality in which th e Leased Premises are located and
any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the
area of the Hangar subseq ue nt to any addition or alteration.
(3) The Tenan t sha ll be responsible for and pay the cost of any alterations, add itions.
installations or improvements that any governing authority, municipal, provincial or
otherwise , may require to be made in , on or to the Leased Premises.
(4) No s ign , advertisement or notice sha ll be inscrib ed , painted or affixed by th e Tena nt. or
any other person on the Tenant's behalf, on any part of the out side of the Hangar unless it
is located along th e fa cade of the Hangar's front and provided it compl ies with the
Land lord 's sig nage requirements and with a ll applicable laws, by-laws and regulations and
is in good workmanlike manner. No other sig n , advertisement or noti ce shall be erected
Tenant 's Initial s ~c /,_,_
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unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant ag re es , at its own expense and by whatever mea ns may be necessary,
immediately to obtain the release or discharge of any encumbrance that may be registered
against the Landlord's property in connection with any additions or alterations to the
Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord , remove any or all
additions or improvements made by the Tenant to the Leased Premises during the Tenn
and shall repair all damage caused by the installation or the removal or both .
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises
any machinery, equipment or any other thing that might in the opinion of the Landlord, by
reason of its hazardous nature, weight , size or use, damage the Lease d Premises or the
Property. If the Leased Premises or Property are damaged the Tenant shall restore the
Leased Premises or Property immediately or pay to the Landlord the cost of restoring the
Leased Premises or Property.
11. INSURANCE
(1) The Tenant covenants to keep the Landlord indemnified and save harmless the Landlord
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, los s or death to person or property , arising out
of or occasioned by the maintenance , use or occupancy of the Leased Premises, Airport
and Property or the subletting or assignment of same or any part thereof. And the Tenant
further covenants to indemnify the Landlord with respect to any encumbrance on or
damage to the Leas ed Premises occasioned by or arising from the act, default, or
neglig ence of the Tenant, its officers , agents, servants. employees , contractors ,
customers, invitees or licensees. The Tenant agrees that the foregoing indemnity shall
survive the termination of this Lease notwithstanding any provisions of the Lease to the
contrary.
(2) The Tenant shall carry in surance in its own name in su ring agai nst the ri sk of damage to
the Tenant's property and the Hangar within the Le ased Premises caused by fire or oth er
perils.
(3) The Ten ant s hall carry such general liability and property dam age insurance in cluding
personal injury and property damage cove ra ge with at least tw o million ($2 ,000,000.00)
dollars in limits of each occ urrence with respect to the Lease d Premises and Tenant's
occupation of the Leased Premises. Such insuran ce policy shall co ntain no airport site
exclusion .
(4) All insuran ce policies in this Sect ion 11 including this Article shall name the Landlord ,
where applicable , as an ins ured and lo ss payee and the policy shall includ e a cross-liab ility
endorse ment. All policies shall be applicable as primary ins urance , taking precedence
over any oth er insurance protection ow ned by th e Landlord. The Tenant shall insure that
each insurance policy con tain s a waiver of subrogation rights which the insurer may have
against the Landlord and the persons for whom is legally re spo nsible .
(5) Upon demand of the Landlord , the Te nant shall provide a copy of any and all policies of
in su ran ce including r enewa ls and term s of s uch policies to the Landlord. If any policy of
in surance is canceled th e Tena nt shall inform th e Landlord without delay of suc h
cance ll ation and sha ll obtain a replacement policy without delay on the same tenns as set
out in this Secti on 11 . Under no ci rc um stances sha ll delivery of and review by the Land lord
of any certifi ca te set forth or any in surance policy or any other proof of existence of the
in surance coverage release th e Tenant of its obligations to take ou t insurance in strict
compliance with th e present provisions or cons titute a waiver in favour of th e Tenant of any
of the Landlord 's rights .
12. ACTS OF DEFAULT AND LANDLORD 'S REMEDIES
(1) An Act of Default ha s occ urred when :
(a) th e Te nant has failed to pay Rent for a period of 45 consecutive days from th e date
that payment was required to be paid to the Landlord ;
(b) th e Tenant has breached its covenants or failed to perform any of its oblig at ions
under this Lease for a period of 45 consecu tive days and :
(i) the Landlord ha s given ten (10) days' notice spec ifying the nature of th e
default and the ste ps r equi red to co rre ct it; and ,
(ii) the Te nant has failed to co rrect th e default as required by th e notice;
(fv.7nthas:
Land lord 's lnitia.T-T enant's Ini tials lC /l:...
8
(i) become bankrupt or insolvent or made an assignment for the benefit of
creditors;
(ii) had its property seized or attached in s ati sfaction 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
Landlord's property; or,
(v) taken action with a view to dissolution or liquidation ;
(d) any required insurance policy is cancelled or not renewed by reason of the use or
occupation of the Leased Premises, or by reason of non-payment of premiums ;
(e) the Leased 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 th e
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 Landlord ;
(f) failure to install or remedy faulty work,
if, in the opinion of the Landlord the T enant:
i. is not proceeding or causing to be proceeded the works required in
connection with this Agreement within thirty (30) days' of notice given ; or
ii. is improperly performing the works ; or
iii. has neglected or abandoned before the completion, or unreasonably
delayed the same, so that conditions of this Agreement are being violated or
care lessly executed or being ca rried out in bad faith; or
iv. has neglected or refused to renew or again perform such work as may be
rejected by the Landlord as defective or unsuitable; or
v. has defaulted performance of the term s and conditions of this ag reement ;
then, in any s uch in stan ce, the Landlord s hall promptly notify th e Tenant , in writing, of such
default or neglect and if such notification be without effect within ten (10) business days
after such notice , the Landlord sha ll tl'iereupon nave fullauthority anef power to purchase
materials and employ workers and machines for the proper completion of the works at the
cost and expense of the T enant. The cost of such work sha ll be ca lculated by the Landlord
whose deci sion s hall be final and be paid to the Landlord by the Tenant on
demand. Should paym ent not be received following th e iss uance of an invoice from th e
Landlord , the Landlord sha ll co ll ect same as Additional Re nt in addition to any other
remedy available to the Landlord .
It is further understood and agreed between the parties hereto that such entry upon the
Premise shall be as an agent for the Tenant and shall not be dee med , for any purposes
whatsoever , as an accepta nce of the works by th e Landlord .
(2) When an Act of Default on the part of the Tenant has occurred:
(a) the current year's Rent together with the next years' Rent shall become due and
payable imm ed iately; and ,
(b) th e Landlord shall have the right to terminate this Lease and to r e-enter the Leased
Premises and deal with them as it may choose .
(3) If, because an Act of Default has occurred , the Land lord exercises its right to terminate this
Lease and re-en ter the Leased Prem ises prior to th e end of the Term, the Tenant shall
nevertheless be liable for payment of Rent and all other amounts payabl e by the Tenant
in accordance with the provisions of th e Lease until the Landlord has re-let th e Leased
Premises or otherwise dealt with the Leased Premises in s uch manner that the cessation
of payments by the Tenant will not resu lt in loss to the Landlord and the Tenant agrees to
be liable to th e Landlord , until the end of the Term of this Lease for payment of any
difference between th e amount of Rent hereby agreed to be paid for th e Term hereby
granted and the Rent any new Tenant pays to the Land lord.
(4) If when an Act of Default has occurred , the Landl ord c hooses not to terminate the Lease
and re-enter the Leased Premises, th e Landlord shall have the right to take any and all
necessary steps to rect ify any or all Acts of Default of the Tenant and to cha rg e the cos ts
of such rectification to the Tenant and to recover the cos ts as Rent.
(5) If, when an Act of Default has occurred, the Landlord cho oses to waive its right to exerc ise
the rem edies ava ilable to it und er this Lease or at law the waiver sha ll not constitute
condonation of th e Act of Default, nor sha ll the waiver be plead ed as an estoppe l against
the Landlor f?vent his exercis in g his remedies with re spect to a subseq uent Act of
T enant 's In it ial s tG A__::_
9
Default. No covenant , term , or condition of this Lease shall be deemed to have been
waived by the Landlord unless the waiver is in writing and signed by the Landlord .
13. TERMINATION UPON NOTICE AND AT END OF TERM
(1) If the Leased Premises and/or Property are subject to an Agreement of Purchase and Sale:
(a) The Landlord shall have the right to term inate this Lease . notwithstanding that the
Term has not expired, by giving ninety (90) days' notice (the "Notice ") in writing to
the Tenant and, at the Tenant's option, the Landlord shall pay to the Tenant the
fair market value for the Hangar or the Tenant agrees to remove the Hangar and
comply with Articles 9(3) and 10(5) of this Lease . Upon expiry of the Notice the
Tenant shall provide vacant possession of the Leased Premises provided the
Landlord pays to the Tenant a bonus of $500.00 . For the purposes of this Article
and Articles 13(3) and 13(4) fair market value shall be determined as of the date
of the issuing of the Notice.
(2) If the Tenant remains in possession of the Leased Premises after termination of this Lease
as aforesaid and if the Landlord then accepts Rent for the Leased Premises from the
Tenant, it is agreed that such overholding by the Tenant and acceptance of Rent by the
Landlord 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 Tenant is an
overholding tenant then either Party may terminate the lease upon sixty (60) days written
notice to the other party and the Tenant shall comply with Articles 9(3) and 10(5) of this
Lease.
(3) Other than a termination of this Lease in accordance with Article 13(1) of this Lease, the
Landlord 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 Leased Premises are required for any reason or purpose of the Landlord in
which event the Landlord shall pay to the Tenant the fair market value for the Hangar, if
erected by the Tenant, unless the Tenant agrees to remove the Hangar and comply with
Articles 6(3) and 7(5) of this Lease , and the Tenant shall provide such vacant possession
upon the expiry of th e Notice provided the Landlord pays to th e Tenant a bonus of$500.00.
(4) The Parties agree that it is their mutual intention that at th e end of the Term of this Lease
the lease shall be renewed upon such conditions and term s as agreed between the Parties.
The Parties further agree that although it is their mutual inten tion to renew the lease
nevert heless 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
th e Parties. If the Parties do not renew this Lease then the Parties agree that the Landlord
s hall be granted the Right of First Refusal to purchase the Hangar (the "O ption"). The
Tenant covenants that it will not sell the Hang ar, or any part thereof, to any perso n, firm or
corporation, without first providing the Landlord to exercise its Option as set out in the terms
of this paragraph . Upon the Tenant re ce iving a bona fide offer in writing (the "Third Party
Offer") th e Tenant shall deliver to the Airport Office, 244411 Airport Road, Town ship of
South-West Oxford, Ontario, a co py of the Third Party Offer and the Landlord shall have
twenty business days (the "Noti ce Period") from the date of receipt of th e T hird Party Offer
to exercise the Option to match the Third Party Offer. If the Landlord exercises its op tion
in the Notice Period then it must inform the Tenant at the Property in writing that it will
purcha se th e Tenant's interest in th e Hangar on the same terms and co nditions , or more
favourabl e term s to the Tenant at the Landlord 's discre tion , as contained in the Third Pa rty
Offer (the "Land lord's Offer"). If th e Landlord exe rcis es it s Option in th e Notice Period then
the Tenant must sell the Hangar to the Lan dlord upon the term s and co ndition s as
contained in the La ndlord 's Offer. If the Landlord does not exercise its option in th e Noti ce
Period then th e Tenant shall be at liberty to accept the Third Party Offer provided that there
are no modifica tions to the Third Party Offer. If any modifications are made to the Third
Party Offer then th e Landlord shall be permitted to exercise its option pursuant to the te rm s
of this paragraph. For the purpose of this paragraph , if the Tenant is a corpor ati on , the
word "se ll", in addition to its ordinary meaning , shall be deemed to mean and include a sa le
or disposition of the corporate shareholding of th e Tenant by the person or persons who ,
at th e date of th e commencement of th e lea se hold s or hold a majority of the co rporate
shares. Subj ect to th e conditions co ntain ed in Article 4 of this Agreement . th e Parties agree
that prior to the expiry of this Lea se if the Tenant seeks to assign this Lease to a th ird party
then the Landlord will agree to examine a proposal to extend the term of this Lea se
however nothing in thi s paragraph shall req uire th e Landlord to accept any amendment of
the term or new term.
14. ACKNOWLEDGMENT BY TENANT
(1) T he Tenant agrees that it will at any time or times during th e Term , upon being given at
least forty-eig ht (48 ) hours prior written notice . execute and deliver to the Landlord a
statement in writing certifying :
T enant 's I nitial s f,C ;'"'-.::.-
10
(a) that thi s Lease is unm odified 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) oth er charges payable under this Lease which have been paid;
(e) particulars of any prepayment of Rent or security deposits ; and ,
(f) particulars of any sub tenancies.
15. SUBORDINATION AND POSTPONEMENT
(1) This Lease and all the rights of the Tenant under this Lease are subject and subordinate
to any and all charges against the land , buildings or improvements of which the Leased
Premises fonm part . whether the charge is in the nature of a mortgage, trust deed , lien or
any other fonm of charge arising from the financing or re -financing , including extensions or
renewals , of the Landlord's interest in the Property.
(2) Upon the request of the Landlord the Tenant will execute any form required to subordinate
this Lease and the Tenant's rights to any such charge , and will, if required , attorn to the
holder of the charge.
(3) No subordination by the Tenant shall have the effect of permitting the holder of any charge
to disturb the occupation and possession of the Leased Premises by the Tenant as long
as the Tenant performs his obligations under this Lease.
16. RULES AND REGULATIONS
The Tenant agrees on behalf of itself and all persons entering the Leased Premises with the
Tenant 's authority or permi ss ion to abide by such reasonable rules , standards and regulations of
the Airport and/or Property which shall form part of this Lease and as the Landlord may make
and/or amend from time to time .
17. NOTICE
(1) A ny notice required or permitted to be given by one party to th e other pursuant to the term s
of this Lease may be giv en
To the Landlord at:
Tillsonburg Regional Airport
Attn: A irport Adm inistrator
244411 Airport Rd
So uth-West Oxford , On
N4 G 4H1
Fa x : 519-842-3445
To th e Tenant at the Lea se d Premises or at:
Nathan Bain an d Em ily Cr ombez
93 Windham Road #3
Norwich , Ontario
NOJ 1PO
(2) The above addresses may be change d at any tim e by giving ten (10) days written notice .
(3) Any noti ce given by one party to the other in accordance with the provisions of thi s Lease
shall be deemed conclusively to have bee n rece ived on the date delivered if th e notice is
served pe rsonally or seve nty-two (72) hours after mailing if th e notice is mailed.
18. REGISTRATION
The Tenant shall not at any time reg ister notice of or a copy of this Lease on title to the Property of
which th e Leased Premises fo rm part without co nsent of th e Landlord .
19. INTERPRETATION
(1) Th e word s importing the s ingul ar number only shall in clude th e plural , and vice versa , and
words importing the masculine. feminin e or neu tral gender s hall in clude th e other gend ers ,
and words importing persons shall in cl ud e firms and co rporati ons and vice versa .
(2) Unless th e co ntext otherwise req uires , the word "Landlord " and the word "Tenant" whereve r
Tenant 's Initi als f,C A_:_
II
used herein shall be construed to include the executors, administrators, successors and
assigns of the Landlord and Tenant , respectively.
(3) When there are two or more Tenants bound by the same covenants herein contained , their
obligations shall be joint and several.
20. MISCELLANEOUS
(1) Unless otherwise stipulated, parking, if applicable . in the common parking area shall be in
common and unreserved.
(2) If a dispute should arise between the Parties in the interpretation of this Agreement then
both parties agree that such dispute shall be referred to binding arbitration and be bound
by the result of such arbitration . The terms, form and procedure of the arbitration shall be
in accordance with the Arbitration Act or any successor 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 Tenant is in default under
the terms of the Lease which include but are not limited to:
(a) its obligations to pay Rent, Base Rent and/or Additional Rent;
(b) non -repair or maintenance of the Leased Premises ;
(c) subleased the Leased Premises without the authorization of the Landlord ,
acting reasonably;
(d) changed its use of the Leased Premises ; or,
(e) used the Leased Premises in any manner contrary to Article 7.
(3) 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.
(4) 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.
(5) The Tenant hereby agrees that it has had an opportunity to review the terms of thi s Lease
and see k ind ependent lega l advice.
(6) Should any provision of this Lea se req uire judicial interpretation or arbitration , it is agreed
that the court or arbitrator interpreting or construing the same shall not apply a presumptio n
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
itse lf or through its agent prepared the sa me , it be agreed that both parties have
participated in th e preparation hereo f.
(7) This Lease and it's schedules 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 warranti es, representations or other agreeme nts between the
Parties in co nnection with the subject matter hereof, except as specifically set forth herein .
No supplement. modification , waiver or termination of this Lease shall be binding unle ss
executed in writing by the Parties.
(8) The Tenant agrees that it has not relied upon any represe ntation , promise or warranty of
th e Landlord with respect to the co ndition of th e Leased Premises , Hangar or any
representation or promise of the Landlord to repair. renovate or otherwise alter the Lea se d
Premises in any manner prior to or after commencement of the Term. The Parties agree
that the Leased Premises are being offered to the Tenant in an "as is " condition. The
Tenant shall not call on or demand the Landlord to perform any r epairs or renovation s prior
to or after it obtains possession . The Tenant acknowledges that it has performed its own
due diligence in establishing the s tate of repair of the Leased Premises including the
Hangar.
Landlord
Stephen Molnar. Mayor
The Corporation of the Town of Till so nburg
Tenant 's Ini tia l s lC /..i_::....
Witne ss
12
Pe r :
M ..
v Landlord
Mi chelle Smibert, C lerk
The Corporation of the Town of Tillsonburg
We have authority to bind th e Co rp orati on.
&w&~k:-
Name
Tenant
Emily Crombez and Nat han Ba in
May 2812 1
T ena nt 's Initi al s lC 1,:.._
13
Schedule "A "
THE "LEASED PREMISES"
Taxiway G1 Lot 6
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lliE T"J"1.t. E•·'·hEE <
Design FFE to be determined on site
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DESIGN F.F E.. -27", '::'
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(60' X 6C')
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TAX I WAY G1 -L OT 6
PROPOS ED HANGAR
GRAD IN G PLAN
<:-":'-'nf ~l.f .. .,
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L •"dlocd '~ T e n a nt's Initi a ls " A.:.-
14
SCHEDULE "B"
CONSTRUCTION REQUIREMENTS
1. The Tenant shall construct an airplane hangar building with approximate dimensions of
60 feet wide by 60 feet deep compromising a floor area of 3600 square feet.
2. The Tenant covenants and agrees. notwithstanding any other statute , regulation or
provision regarding the federal government's authority to regulate the aeronautics
industry, to :
(a) obtain from the Landlord an Airport Development Permit prior to construction;
(b) to pay to the Land lord a flat fee of $600 to administer the Airport Development
Permit;
(c) to construct the airplane hangar, and any other building that may be permitted , to
the standard of the Ontario Building Code , 0. Reg. 332/12 as amended or
replaced from time to time (the "OBC") and to the satisfaction of the Landlord in
its so le and absolute discretion , and;
(d) to ensure all persons retained by the Tenant have app ropriate health and safety
policies , insurance and WSIB coverage.
3. The Tenant shall provide to the Landlord the following in order to obtain an Airport
Deve lopment Permit and approva l for use of the Leased Premises and hangar thereon:
(a) prior to construction, submission of:
1. all applicable fees;
2. 2 copies of a site plan showing the proposed location of the hangar and
dimensions to the adjacent buildings ;
3. 2 copies of constructi on drawings (foundation plan , floor plan , building
elevations, diaphragm/tru ss bracing , anchorage , construct ion
details/finishes , etc.) stamped by a profe ss ional engineer;
4. 2 copies of the truss drawings stamped by a professional engineer ; and
5. Co mmitment to Genera l Reviews form completed by both the building
owner and profe ss iona l engineer;
(b) prior to occupancy and acceptance:
1. inspection of the construction an d acceptance of same by the Land lord in
in respect of compliance with the OBC , the terms of this Airport Lease
and all poli cies and rule s regulating the Till sonburg Airport; and
2. s ubmission of all si te reports (footing inspection , framing inspection ,
occupancy in spection) and an occupancy report from th e professiona l
engineer; and ,
(c) final approval:
1. provide a final r eport (verifying outstanding items not co mpleted at
occupancy have be e n completed/corrected) from the profess ional
eng ineer if applicable.
4. The parties covenant and agree that th e Tenant is not required to obtain a building permit
from the Township of So uthwest Oxford for co nstru ction of buil din gs on the Tillsonburg
Airport.
5 . The Tenant covenants and agrees that failure to comply with the provisions of this
schedule sha ll be an event of default of this Lease and in the absence of remedying such
defau lt, shall permit th e Landlord to terminate thi s Lease and seek any and all other
reco urse against the tenant in such instance.
T enant 's Initial s t,C A.;..
15
SCHEDULE "C"
CONSTRUCTION SCHEDULE
Provided by the Tenant prior to execution of the lease agreement and approved by the
Landlord .
Preliminary Construction Schedule: Start of Construction -TBD
End of Construction -Prior to Winter
Note: Tenant has expressed that a detailed construction schedule will be provided to the
Town of Tillsonburg once the contractor and Tenant have finalized.
T enant 's Ini t ia ls l e A._:_