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2994 To authorize the Mayor and Clerk to execute a lease agreement for the lease of portions of the lands to be used for agricultural purposes.CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 2994 BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE A LEASE AGREEMENTS FOR THE LEASE OF PORTIONS OF THE LANDS TO BE USED FOR AGRICULTURAL PURPOSES WHEREAS pursuant to the Short Forms of Leases Act, the Landlord and Tenant Act and Amendments the Town of Tillsonburg has offered to lease Municipal owned vacant land for agricultural purposes; AND WHEREAS the Council of the Corporation of the Town of Tillsonburg reached an agreement setting out the terms and conditions of the leases. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. THAT the Agreements attached hereto and forming part of this By-law setting out the terms and conditions to lease a portion of the Municipal owned vacant lands more specifically described as follows: (a) Lands south of Highway No.3, being Part of Lots 1 and 2, Concession 5 N.T.R., Town of Tillsonburg, consisting of approximately 31 acres. (b) Lands north of Highway No.3 south of DDM, being Part of Lots 1 & 2, Concession 6 NTR, Part 2 41 R-3536, Town of Tillsonburg, consisting of approximately 25 acres.. (c) Lands north of Highway No.3 between Burton Rubber and Cayuga Materials, being Part of Lots 2 & 3, Concession 5 NTR, Part 2 41R-3421, Town of Tillsonburg, consisting of approximately 15 acres. (d) Lands south of CN Rail and west of CP Rail south of Rouse Street and south of Vesuvius, being Part of Lot 8, Concession 4 NTR, Part 3 MTC Plan P-4091-7, Part 2, MTC Plan P- 4091-7, Part 4, MTC Plan P-4091-9 and Part Lot 9, Concession 3 NTR, Part 6 MTC Plan P-4091-9, consisting of approximately 26 acres. (e) Lands at the Tillsonburg Airport, situate, lying and being in the Township of South West Oxford formerly the Township of Dereham in the County of Oxford and Province of Ontario and consisting of Part of Lots 4, 5, 6 and 7, Concession 7, containing 297 acres more or less of agricultural productive lands. (f) Lands at the Tillsonburg Airport, situate, lying and being in the Township of South West Oxford formerly the Township of Dereham in the County of Oxford and Province of Ontario and consisting of Part of Lots 4, 5, 6 and 7, Concession 7, containing 53.47 acres more or less of agricultural productive lands. 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreements marked as Schedule "A", Schedule "B", Schedule "C" and Schedule "D"on behalf of the Corporation. READ A FIRST AND SECOND TIME this 10th day of DECEMBER,2001. READ A THIRD TIME AND FINALLY PASSED this 10th day of DECEMBER,2001. MAYON' ULERK Agricultural Land Rental Agreement -- Airport -- DeBoer Schedule "D" to By-law No. 2994 AGREEMENT made in duplicate this 10th day of December, 2001. BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG Hereinafter called the Lessor - OF THE FIRST PART - and JOHANNES & WILKJE DEBOER Hereinafter called the Lessee - OF THE SECOND PART - - 1 - WHEREAS the Lessor is the sole administrator of all those parcels or tracts of land comprised in the Tillsonburg Airport, situate, lying and being in the Township of South West Oxford formerly the Township of Dereham in the County of Oxford and Province of Ontario and consisting of Part of Lots 4, 5, 6 and 7, Concession 7, containing 356.29 acres more or less of agricultural productive lands. AND WHEREAS the Lessee is desirous of renting said lands and premises for agricultural purposes for a term commencing in the spring of year 2002 to expiration upon harvesting of crops in the fall of year 2004 subject to the conditions hereafter set forth in this Agreement. AND WHEREAS the Lessor is desirous of renting the said land and premises as aforesaid to the Lessee for the term aforesaid, subject to the conditions hereinafter set forth. 1. NOW THEREFORE THIS INDENTURE WITNESSETH that the Lessee covenants with said Lessor that the Lessee shall pay rent as set out below, to the Lessor by two payments each year during the tenn of this agreement. The first payment of which will constitute 50% of the annual rental fee and shall be due and payable on or before the start of cultivation and the remaining 50% of the annual rental fee not later than November 30th of each year that this indenture remains in force for the lands administered by the Lessor being Part of Lots 4, 5, 6 and 7, Concession 7, in the Township of South West Oxford, formerly Township of Dereham in the County of Oxford and Province of Ontario. a) The lands in excess of those required for airport purposes, comprising of some 53.47 acres at a rental rate of $6,790.69 per annum. 2. IT IS further specifically agreed by and between the Parties hereto that the tenancy hereinbefore described shall commence with cultivation in the spring of year 2002 and terminate upon harvesting the crop in the fall of year 2004. 3. PROVISO for re-entry by the Lessor on non-payment or non-performance of covenants. Agricultural Land Rental Agreement -- Airport -- DeBoer Schedule "D" to By-law No. 2994 -2- 4. IT IS further specifically agreed by and between the Parties hereto that the Lessor shall have the right to sell, or lease for purposes other than agriculture, any part of parts of the subject lands and given immediate possession thereof, subject to the condition that if the Lessor sells, or leases for purposes other than agriculture, and requires possession of any of the subject lands on which an agriculture crop is growing, the Lessee shall be compensated for any and all expenses incidental to growing such corn or bean crop, and the loss anticipated from such crop grown on lands sold or leased for the current crop year, and the acreage leased pursuant to paragraph 1 hereof, shall be adjusted to take into account such share or lease throughout the balance of the term of the Lease. 5, IT IS further specifically agreed by and between the Parties hereto that the Lessor retains the right to sell or lease for purposes other than agriculture any lands except those on which the crop is being grown without notice or compensation to the Lessee. 6. IT IS further specifically agreed by and between the Parties hereto that the Lessor covenants with the Lessee for quiet enjoyment of the lands leased and the Lessee agrees to comply within the terms of Air Regulations as follows: a) Section 307 — No person shall knowingly use any airport for any purpose contrary to the conditions of issue of the airport licence; b) Section 313 -- No person shall allow any animal to run at large, discharge any firearm or obstruction that constitutes a menace to the safe operation of aircraft at or in the vicinity of the land or water surface of the airport. 7. IT IS further specifically agreed by and between the Parties hereto that the Lessee will not assign or sublet without leave and not to carry on upon the said premises any business other that the growing of corn or beans and it is further agreed that the crop shall be grown in pre -selected locations so as not to conflict with the safe operation of the airport. 8. IT IS further specifically agreed by and between the Parties hereto that the Lessee shall provide to the Lessor proof of liability insurance in an amount not less than $2,000,000, to protect both the Lessor and the Lessee with the Town of Tillsonburg named as an additional insured, from any claims or demands whatsoever which might result from the aforementioned use of the lands. 9. IT IS further specifically agreed by and between the Parties hereto that the Lessee covenants to cut all corn stalks on all lands rented under this Agreement following harvest of the crops leaving the lands in good condition. 10. IT IS further hereby agreed between the Parties hereto that if the term hereby granted, or any of the goods or chattels of the Lessee shall at any time during the said term be seized or taken in execution or in attachment by any creditor of the Lessee, or if the Lessee shall make any assignment for the benefit of creditors, or becoming bankrupt or insolvent debtors, the then current and next ensuing balance of rent shall immediately become due and payable and the said term shall, at the option of the Lessor, immediately become forfeited and determined and in such case, the Lessor may re- enter and take possession of the said lands as though the said lands was holding over after the expiration of the said term, Agricultural Land Rental Agreement -- Airport — DeBoer Schedule "D" to By-law No. 2994 -3- IT IS HEREBY declared and agreed that the expressions "Lessor" and "Lessee" wherever used in this indenture shall, when the context allows, include, be binding on and enure to the benefit of not only the Parties hereto, but also their respective executors, administrators and assigns. IT WITNESS WHEREOF the said Parties hereto have hereunto set their hands and seals. SIGNED, SEALED and DELIVERED In the presence of: THE CORPORATION OF THE TOWN OF TILLSONBURG Mayor -Iry Horton CAO/Clerk - David Morris ) F. Lessee - Johannes DeBoer "t Lessee-'ilk'J a DeBoer