2022-078 Schedule ATILLSONBURG AIRPORT HANGAR LEASE
This Lease is made this 12th day of December, 2022 (the "Effective Date").
BETWEEN
THE CORPORATION OF THE TOWN OF TILLSONBURG
(the "Landlord")
-and-
Mark Kniss
104 Crosier Street, Delhi Ontario
(the "Tenant")
WHEREAS the Landlord owns all and singular th at certain parcel or tract of land and premises situated ,
lying and being in the Township of South West Oxford in the County of Oxford, being comprom ise d of:
PT LT 3-4 CON 7 DEREHAM; 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; SfT 406551 ; SOUTH-WEST
OXFORD;
PIN : 00016-0089 (LT); LRO #41 ;
municipal address being 244411 Airport Road , T ill so nburg , ON N4G 4H1 ;
referred to herein as the "Property", the "Airport" or the "Ti ll sonburg Airport" upon which is located the
Tillsonburg Airport which is owned and operated by the Landlord.
In cons id eration of the co venants, agreements, warranties and paym en ts herein set forth and provid ed for,
the sum of two dollars ($2.00) paid by each party to the other and other good and valu able co nsideration ,
th e receipt and s ufficiency of which is hereby acknowledged, the Parties hereto respectively co venant a nd
ag re e as fo ll ows:
1. LEASED PREMISES
(1) T he Leased Premises shall co nsist of a portion of the Tillson burg Airport identifi ed as
Taxiway C1 Lot 9 on the plan attached as Schedu le "A", being the area upon which th e
Tenant's airp lane hangar shall be located plus one (1) metre of land extended beyond th e
ex terior perimeter of the Tenant's airplane hangar bui ldin g (the "Leas ed Premises").
(2) Notwithstanding th e above , the Land lord reserves th e right to assign an alternate lot to the
Tenant on thirty (30) days' written notice at any t ime prior to th e co mm encement of
co nstruction of the Tenant's hangar.
(3) The Landlord covena nts and agrees to the constructi on by the Tenant of an ai rpl a ne
han gar on the Leased Premises being a Hangar, (the "Hangar") subject to th e provisions
of Schedule "B". The Tenant shall comp lete th e construction of th e Hang ar at its sole cost
an d expense.
(4) The Land lord co venant s and agrees th at th e Hangar on th e Le ase d Premises is not own ed
by th e Land lord but is owned by th e T enant.
2. GRANT OF LEASE
(1) Th e Landlord leases th e Leased Premises to th e Tena nt :
(a) at th e Rent set forth in Section 3;
(b) for th e Term set fo rth in Section 4 ; and
(c) subj ect to th e co nditions and in accordance with th e co ve na nts, obliga tion s and
agreements herein in cluding sc hedules.
(2) The Landlord co venants that it has th e right to grant the lea se hold interest in th e Leased
Pre mi ses free from enc umbrances except as disclose d on titl e .
3. RENT
(1) Re nt mea ns th e am ounts payab le by th e Tenant to the Landlord purs uant to thi s Secti o n
and inc lud es Ad dition al Re nt.
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in advance. 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 th en be due on 1'1 day of the year
commencing on January 151 , 2023 and every 1'1 day of January thereafter. T he Parties
further agree that the Landlo rd 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 the 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 spe cifically 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 no t, during th e
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 taxes , 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 in curred by th e
Landlord for th e maintenance and se rvicing of the Airport ; and,
(c) to pay the Landlord a one-time capital recove ry charge , based on actuals, for th e
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, bu t not limited to , electricity, water,
sew age, natural gas and propane. The Tenant acknowledges that
connection fees for utilities and serv ices are entirely at th e Tenant's cost.
Further, the Tenant acknowledges that nothing in this Lease , including in
thi s articl e, is a warranty , co ve nant or representation by the Landlord to
provide connections, utilities or services to the Leased Premises or that
the services or utilities can be extended to the Leased Premises;
(ii) snow removal and landscaping on the Leased Premises including cutting
the grass and weed control of the Leased Premises including the one (1)
metre area around the perimeter of the Hangar:
(iii) all repair , se rvi ce and mainte nance to th e Hang ar in c ludi ng reasonable
wear and tear; and,
(iv) to pay airport infrastructure fees in accord a nce with the Town of
Till so nburg Rates and Fe es Bylaw , as a mend ed.
(5) The Tenant hereby agrees to indemnify and protect the Landlord from any liability accruing
to the Landlord in respect of the expenses payable by the Tenant as provided for herein.
(i) The Tenant on behalf of itself/him se lf/herself/themselves, its/his/her/their
heirs, executors, adm inistrators and assigns , in c ludin g its /his/her/their
successors in title, hereby covena nts and agrees to ind emnify and sa ve
harml ess the La ndlord from all actions, cause of actions, sui ts, claim s,
demand s, damages, lo sses, costs, c harges and ex pe ns es of every nature and
kind wh atsoever by whom soe ver make brought or pro secuted, incl uding lega l
fees, which the Landlord may in c ur or have to pay, which may arise either
directly or indirectly by reason of any activity, actions , performance,
negligence or non-pe rformance of th e Tenant, its employees, servants,
agents, contractors, subcontractors, architect , land scape architect, eng in eer,
surveyor, planner, co nsult ant, project ma nager or any oth er person the Ten a nt
is responsible for at law during th e duration of thi s Agreem ent; in executing
th e Works und er thi s Agree men t; by reason of install ation of an y Works
required under thi s Agre e ment; by the fa ilure of th e T ena nt to co mpl ete th e
in stall ation of th e Work s required und er this Agreement ; because of or o n
account of th e own e rship , constru ction , use existence, or maintena nce of th e
property described in the Agreement ; by the exercise of the Tenant's powers
under thi s Agree men t ; th e construction, maintenance or th e improper or
inadequ ate co nstruction , installation and /o r maintenan ce of th e Works ; any
act or om ission of sa id partie s whil e un dertakin g th e Works ; or by reason of
th e neglect of the Tenant or its e mpl oyees, serv ants, age nts, contractors,
sub co ntractors or oth ers for whom th e Tenant is res pon s ibl e at law.
(ii) With out limiting th e generality of th e foregoing, th e Tenant agrees to ind emnify
and sa v e harml ess th e Landl ord for any issues related to th e alterat ion of a ny
grade or ex istin g level co nstructi on, th e maintenance or repa ir of any ta xiway
within th e Airport, or by reason of th e failure, neg lect or omission of the Ten a nt
to do anythin g ag reed to be don e pursuant to this Agreement o r by reas on of
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any act or omission of the Tenant , including failure of the Tena nt to comply
with the Construction Act.
(6) Additional Rent shall be payable yearly in advance on the same dates stipulated for
payment of Base Rent in Section 3 (2).
(7) All payments to be made by the Tenant pursuant to this Lease are to be in Canadian funds
by bank draft, money order or cheque payable to the Landlord and shall be delivered to
the Landlord at the Landlord 's address for service set out in Section 17 or to such other
place as the Landlord may from time to time direct in writing.
(8) All Rent in arrears and all sums paid by the Landlord for expenses incurred wh ich should
have been paid by the T enant shall bear interest from 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 shall be made without any deduction for any reason whatsoever
unless expressly allowed by the terms of this Lease or agreed to by the Land lord in writing
and no partial payment by the Tenant which is accepted by th e Landlord shall be
considered as other than a partial payment on account of Rent owing and shall not
prejudice the Landlord 's right to recover any Rent owing.
4. TERMS AND POSSESSION
(1) The Tenant shall have possession of the Leased Pre mises for a period of twenty years,
two months (the "Term"), commencing on the 1'1 day of November, 2022 and ending on
the 3 1'1 day of December, 2042.
(2) The Tenant shall pay any and all connection costs for hydro , gas, water, hea ting , air-
cond itioning and for all other services and utilities as may be provided to the Leased
Premises. The Tenant shall arrange with the loca l authority for connection of gas ,
electricity and water in the name of the Tenant . Nothing in this paragraph or le ase is a
warranty or representation by the Landlord that any utilities or servi ces are extended to th e
Leased Prem is es or can be exte nded to th e Leased Prem is es.
(3) Subject to the Landlord 's rights under this Lease , and as long as the Tenant is in good
standing, the Landlord covenants that the Tenant shall have quiet enjoyment of th e Leased
Premises during the Term of this Lease without any interruption or disturbance from the
Landlord or any other person or persons lawfully cla im ing through the Landlord .
5. ABATEMENT OF RENT DURING CONSTRUCTION
(1) So long as th e Lease has been fully execute d , the Tenant has provided th e Lan dlord with
proof of th e Tenants insurance , a nd th e Tenant has pa id th e first and last month's Re nt to
be held as a deposit, the La ndlord shall provide th e Tenant with possession of the Le ased
Premises for a period of up to six (6) months commencing on the Effective Date for the
purposes of constructing the Hangar on the Leased Premises. All terms of the Lease shall
be applicable from the Effective Date save and except for the payment of Rent , Base Rent
and Add itiona l Rent which shall be payable as of the first day of the month of occupan cy
of the Hang ar or th e expiry of th e six (6) month construction period which ever occurs first.
(2) In th e event th e Tenant has not co mpl eted construction of th e Hangar within th e six (6)
month construction period, th e Landlord, in its so le and abso lute di scretion, may ex tend
th e cons tru cti on period upon writte n requ est of the Te nant or termin ate thi s Lease of whi ch
then th e Tenant's deposit provided in Section 5 (1) would be forfeited .
6. ASSIGNMENT
(1) Th e Tenant shall not assign thi s Lease or s ubl et th e whole or any part of the Leased
Prem ises unless th ey first obtain th e con sent of th e Landlord in writing , whi ch con se nt s hall
not unrea so nab ly be withheld and provid ed th e sub -Tenant and /or assign ee signs a writt en
acknowledg ement th at he/sh e will be bound by th e terms, cond iti ons and rules as provid ed
for in thi s Lease . The Tenant he reby waiv es its right to th e benefit of any presen t or future
Act of the Legislature of Ontario which would permit th e Tenant to assign this Lease or
s ublet th e Leased Premi ses without the Landlord's co nsent.
(2) Th e co ns e nt of th e Landlo rd to any ass ignment or sublettin g shall not operate as a wa iv er
of the necess ity for co nse nt to any sub sequent assig nm ent or s ubl etting .
(3) Any co nse nt gi ven by th e Land lord to any ass ignment or other di spos ition of the Tenant's
interest in thi s Lease or in th e Lease d Premises shall not re li eve th e Tenant from its
ob li gations und er thi s lease , includin g th e obli gation to pay Rent , Bas e Rent and Add iti onal
Rent as provid ed for he re in .
(4) If a ll or more than 50% of th e shares in th e T ena nt sho ul d be so ld , ass igned or transferred
in an y ma nn er to a person other th an th e Tenant , then such transferee shall be bound by
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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 estab lished by the
Landlord from time to time ;
(b) cause damage to the Leased Premises;
(c) ca use 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, equ ipment or
appurtenances; and ,
(f) create an environmental hazard . The Tena nt shall not store, allowed to be stored
or do anything that creates ha za rdous waste or to xic material as defined by the
En vironm ental Protection Act or any related or successor legislation . If an order is
made by any level of government, including all agencies, crown corporation s ,
municipal bodies, or a co urt is made as a result of th e 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 fro m any costs , including legal costs , if the Landl ord suffers any
damages or pays an y costs associated with such order.
(3) The Tenant shall :
(a) not interfere in th e us e of th e Airport or any other use of th e Property. The Tenant
acknowledges that there are other uses of the Property and it shall not interfe re in
any other use of the Property. The Tenant further acknowledges that th ere are
other Tenants and users of the Airport and it shall not unreasonab ly interfere in the
use or operation of the Airport in any manner nor shall it do , or allo w to be done by
any of its invitees , cus tom ers, employees or agen t s, anything that would cause or
constitute a nuisance, safe ty viol ation or haza rd to any oth er Tenant or any user
of th e Airport who are acting reasonably ;
(b) comply with a ll federal and provincial transportation guidelin es, regulation s , rules ,
by-law s, st atutes, directives and any other such matter th at governs the flight , use
or operation of aircraft;
(c) not block or obstruct the ta xiways or runway a nd permit the ingress and eg ress to
adjacent hangars , aprons and parking areas;
(d) not co ndu ct any major repairs to any motor veh icle of an y kind other than an aircraft
or any veh ic le or machinery anci ll ary to or con nected with aircraft;
(e) not perform aircraft repair or maintenance outside of the Leased Prem ises ;
(f) not start any a ircraft in th e Hangar;
(g) not store any items on th e Leased Premises, surroundin g Prope rty or in th e Ha ngar
oth e r th an aircra ft and re lated aircraft item s exce pt as specifically perm itted in thi s
ag reement ;
(h) not store any flammable products in side the Hangar or on the Leased Premises
with the exceptio n of fuel or necessa ry airc raft related products ;
(i) notify th e Land lord of a ny public activ ities and/or events no less than thirty (30)
days before such activity and/or event with approval by the Land lord, in it s sole
and absolute di scretion and such approval not to be unreasonably w ithheld ;
Ul comply with a ll rul es and regulations of th e Ai rp ort and ensure th e compli ance of
all th e T enant's con tractors , employees, age nts, customers a nd invitees; and ,
(k) pro vi de proof of docum e ntati on show in g c urrent and prop er in s urance coverage of
any aircraft stored in side th e Hang ar.
(4) Th e Tenant co venants and ag rees th at the Landlord may req uire the adjustment in th e
Airport leases and as such may demand the Tenant move th e Hangar and th e location of
th e Leased Prem ises . The La ndlord sha ll co m pensate the Tenant for a ny ex penses in
movi ng th e Hang ar as agree d between the Partie s.
(5) T he Te nant shall be permitted to co nstru ct and ma intain one (1) a ircraft hang ar (th e
"W orks") on th e Leased Prem ises as foll ows:
(a) th e dimensions of the Hang ar sha ll be 6 0 feet by 60 f eet for a tota l floor area of
3,600 square fe et;
(b) the styl e of th e Hang ar shall be eith er a po le barn styl e bui lding or a meta l frame
building ;
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(c) the siding, siding colour, roof colour, hanger number, and height of the building will
be maintained in accordance with current Airport standards as approved by the
Landlord ;
(d) the hangar apron shall be constructed 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 the construction requirements of
the Landlord in its sole and absolute discretion including the construction
requirements detailed in Schedule "B" to this Lease and all applicable building code
standards and by-laws of the municipality in which the Leased Premises are
located and any federal or provincial statutes, rule s or regulation s;
(f) prior to the commencement of construction, the Tenant shall subm it, at its sole
cost, a site plan and drainage/grading plan which shall include, but not limited to ,
the information req uired in thi s Article 7(5) of this Lease and th e proposed floor
elevation , which all shall be subject to the approval of th e La ndlord ;
(g) the Tenant agrees to ma intain th e lot grading during and after construction a nd
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 Tenant; and,
(i) the Tenant shall be responsible for and pay the cost of all repair, renovation , and
maintenance and nothing in this Lease shall render the Landlord respo nsible for
any such costs .
(6) The Landlord ack nowledges th at it ha s granted access to the T enan t for the Tenant to
maneuver its aircraft from the Ha ng ar to the adj ace nt taxiway and runway of the Airport.
Furthe r , 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
19 metres wide and 6.5 metres from the front of the Hangar to the adjacent tax iway. The
Landlord grants to the Tenant the right to enter upon the Hangar apron area at all times
and to pass and re-pass th ereo n as may be requ ired by the Tenant , and its licensees,
successors, ass igns , servants, age nts , emp loy ees and con tractors including al l necessary
vehicles, equipment and machinery, from tim e to time, for the purposes of in stalling ,
maintaining, replacing, a nd recons tru cting a suitable surface trea tm ent to the Ha ng ar apron
as approved by th e Landlord in its so le and absol ute discretion . An y cost of in stalling ,
removing , maintaining, replacing and/or reconstru cting th e Hang ar apron sha ll be at th e
sole expense of the Tenant without contribution of the Landlord. Th e Tenan t covenants
that it shall not conduct such work to the Hangar apron without first obtaining the consent
of the Landlord and such consent shall not be un reaso nably withheld . The Tena nt hereby
releases the Landlord from any and every c laim which may or might arise ou t of the proper
exercise by th e Tenant of any of th e rights granted here in .
8 . CONSTRUCTION IMPLEMENTATION SCHEDULE (Not Applicable I Existing Hangar)
(1) T he Tenant hereby undertakes to comp lete the work herein in accordance with th e
tim eframes set out in the Schedule "C" (the "Construction Schedule"). The Tenant shall
submit a proposed construction schedule which shall be subject to amendments and
approval by the Landlord a nd attached here to as Sc hedule "C". A variance to the
timeframes will only be allowed if approved in writing by the Landl ord. Fa ilure to comp ly
may res ult in the Tenant bei ng in default of this Ag reement and the Landlord may seek
remedy pursuant to thi s Agreeme nt.
(2) T he Landlord appro ved work shall be carried out by th e Ten ant in a proper and professiona l
manner so as to do as little damage or disturbance as possible to th e A irport lands or th e
A irport's infrastru cture. The Tena nt shall repair and make good a ll damage and disturbance
that may be ca us ed to th e Ai rport lands or the Airport's infra structure , to the satisfaction of
the Landlord , acting re asonably , at the sole expe nse of the Tenant.
(3) During construction, the works to be carried out by th e Tenant, shall be maintained in all
respects in a state of good repa ir by th e Tenant, in c luding keeping the site in a so und , nea t,
sa fe and c lea n cond iti on to the sa tisfaction of th e Landlord . If the site is not kept in a state
of good repair, up on seven (7) busin ess days written notice to th e Tenant (or such shorter
tim e as may be required in th e case of an emergency or oth e r urgen t ma tt ers or as
oth erw ise provid ed here in ), th e Landlord sha ll have th e right to do a ny wo rk necessary to
fulfill this cond ition and all costs in curred by the Landlord shall be recovered from th e
Tenant and may be recovered as Add itional Rent.
9. REPAIR AND MAINTENANCE
(1) The Tenant co venants that during th e term of thi s Lease and any renewal thereof, th e
Tena nt shall keep th e Leased Premi ses and Hangar in good co nd ition in clu ding a ll
alterati ons and additions made th e reto , and sha ll , with or without noti ce, promptly make all
nee ded repa irs and a ll necessa ry replacements as would a prud e nt owner. T he Tena nt
s hall be responsibl e for all wea r and tear to th e Ha ngar and s hall affect all repairs as
necessa ry . Sa ve and accept th e Landlord 's, or its agent's , co ntrac tor's and employee's
neg li gence or intention a l action s, at no tim e is the Land lord responsible for any repa irs or
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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, w ritten 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 Add itional 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 La nd lord in a state
of good repair and subject to the conditions contained in this Article 9(3). Th e Tenant may
remove the Hangar provided the Tenant places the Leased Premises back into a similar
co ndition as it was in prior to the construction of the Hangar even if the construction of th e
Hangar predated this Lease. At any time during the Term, expiry of the Term , if an Act of
De fault occurs or upon term ination of this Lease if the Tenant is in arrears of any rent
whatsoever the Tenant agrees that the Landlord 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 Tenant until the lien is paid in full with all accrued interes t and legal
fees .
(4) Th e Tenant shall imm ediately give written notice to the Landlord of any substantial damage
that occurs to th e Leas ed Premises including the Hangar from any ca us e.
(5) The Tenant hereb y agrees that at no tim e is the Land lord responsible for any damage ,
including damage to property or personal injury, as a res ult of th e Tenant's use of th e
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 loss. The Tenant acknowledges
that it shall not institute any claim or make any demand against the Landlord, or anyone
that may claim indemnity from the Landlord , for any personal injury or damage to property,
including aircraft, as a res ult of the Tenant's use (including storage) of the Hangar, Airport
or Property. The Tenant acknowledges that the use of th e Airport, Ha ng ar or Property is
at its own ri sk.
(6) T he Tenant hereby forever releases th e Landlord from any and a ll c laims in law , equity or
by statute as a result of any intentional or negligent acts of any other Tenant 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 Tenant or its
agents, customers , employees , contractors or invitees .
10. ALTERATIONS AND ADDITIONS
(1) If th e Tenant , during th e Term of thi s Lea se or an y rene wal of th e Lease , desires to make
any alte rati on s or addition s to the Lease d Premises , including but not limited to ; erectin g
partitions, attaching equipment, and installing necessary furnishings or additional
equipment of the Tenant's business but not including erecting a new hangar or any other
accessory building, the Tenant may do so at his own expense provided that any and all
alteration s or add itions to th e Leased Premises mad e by the Tenant must comp ly with any
requirement of th e Landlord in cluding Schedule "B" and all app li ca bl e bui lding code
sta nd a rd s and by-laws of th e municipality in which the Leased Pre mises are located and
any federal or provin c ia l statutes, rule s or regulations .
(2) The Tenant shall pay Rent at th e rate prescribed in paragraph 3 above based upon th e
area of th e Hang ar subseq ue nt to any add ition or alterati on .
(3) The Tenant shall be responsible for and pay the cost of a ny alterati ons, additions ,
installation s or improvements that any governing a uth ority , municipal , pro vin cia l or
otherwise, may require to be made in , on or to the Leased Premises.
(4) No sign , advertis ement or notice shall be in scribed , painted or affi xe d by th e Tenant , or
any oth er person on th e Tenant's beh alf, on a ny part of th e outs id e of th e Hangar unl ess it
is lo ca ted a long th e faca de of th e Hangar's front and pro vi ded it co mpli es with th e
Land lord's signage requ ire ments and with a ll applica bl e law s, by-law s and reg ul ation s and
is in good workm anlike mann er. No oth er s ign , adve rti se ment or notice sha ll be erected
unless it has been approved in e very respect by th e La ndl ord in writing .
T enant's Ini ti als ·~kf;u,u.•om£:•s rn)
7
(5) Th e Ten ant agrees, at its own expense and by whatever mea ns may be necessa ry ,
imm ed iately to obtain th e release or di scharge of any e ncumbrance th at may be registered
against the Landlord's property in connection with any addition s or alteratio ns to the
Leased Premises made by the Tenant or in con nection with any other activity of the Tena nt.
(6) The Tenant shall , at his own expe nse, if req uested by th e Landlord , remove any or a ll
additions or improveme nts made by the Tenant to th e Leased Premises during th e Term
and shall repair all damage ca used by th e in stallation 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 th e opinion of th e La ndlord , by
reaso n of its hazardous nature, weight , size or use , da mage the Leased Premises or the
Property. If the Le ased Prem ises or Prop e rty are damaged th e Tenant shall restore the
Leased Prem ises or Property imm ed iately or pay to the Landlord the cost of res torin g th e
Leased Prem ises or Prope rty .
11 . INSURANCE
(1) The Tenant covenants to keep the Landlord ind em ni fied and sa ve harm less t he Landlord
at al l times against all claims, suits, procedures , actions and demands (inc lud ing but not
limited to all lega l costs) wha tsoever and howsoe ve r arising by any perso n, entity or
co rporation wheth er in respect of damage, loss or death to person or property , arising out
of or occasion ed by the ma in tenance , us e or occup ancy of th e Le ased Prem ises, Airport
and Property or th e sub letting or ass ignme nt of same or any part th e reof. And th e Te nant
furth e r co venants to in dem nify th e Landlord wit h respec t to a ny encumb ra nce on or
damage to th e Leased Premises occasioned by or arisin g from th e act, default, or
negligence of th e Ten an t , its officers, agents, servants, emp loyees , co ntractors,
c ustom ers, invitees or li censees. The T ena nt agrees that the forego ing indemnity shall
survive th e termination of this Lease notwithstanding a ny provisions of th e Lease to th e
contra ry .
(2) The Tena nt shall ca rry in su ran ce in it s own name in surin g again st th e risk of damag e to
th e Tenant's property a nd t he Hangar within th e Lease d Prem ises ca used by fire or oth er
peril s.
(3) The Tenant shall carry such general liability and property damage insura nce including
personal injury and property damage coverage with at least two million ($2,000 ,000.00)
dollars in limits of each occurrence with respect to th e Leased Premises an d Tenant's
occupati o n of th e Leased Pre mises. Suc h insurance po li cy sha ll contain no airp ort s ite
exclu sion .
(4) A ll in sura nce poli cies in this Secti on 11 in cl ud ing this Article shall nam e the Landlo rd,
where app li cabl e, as an in sured and loss payee a nd th e po li cy shall in c lud e a cross-liability
endorsement. All poli cies shall be applica ble as primary in sura nce, taking prece dence
over any other insuran ce protection owned by th e La ndlord . The Tena nt shall insure th at
each insurance policy contains a waiver of subrogation rights which th e insurer may have
aga in st the Landlord and the persons for whom is lega lly responsible.
(5) Upon demand of th e Land lord, th e Te nant shall pro vide a copy of any and all policies of
in sura nce in cludin g re newa ls and term s of such policies to th e La ndlord . If any po li cy of
in surance is ca nce led th e Te nant shall in form th e Landl ord without delay of s uc h
ca ncell ati o n and shall obtai n a replace ment po li cy without delay o n th e same te rm s as set
out in thi s Secti on 11 . Under no circum stances sha ll de livery of and revi ew by th e Landlord
of an y ce rtifi cate set forth o r any in surance po li cy or a ny oth er proof of exi stence of th e
in su ran ce co verage release th e Tenant of its obl igat ions to take out in surance in stri ct
co mpli ance with th e present provi sions or constitute a waiver in fa vour of th e Te nant of any
of th e La nd lord's rights .
12. ACTS OF DEFAULT AND LANDLORD'S REMEDIES
(1) An Act of Defaul t has occurred wh en :
(a) th e Tenant has fa il ed to pa y Re nt for a peri od of 45 co nsecutive days fro m th e date
th at paym ent wa s req uired to be pa id to th e La ndl ord ;
(b) the Tenant has breached its covenants or failed to perform a ny of its ob li gations
under thi s Lease for a peri od of 45 co nsecutive days and :
(i) th e Landlord has given ten (10) days' notice specifyi ng th e nature of th e
default a nd th e steps requi red to correct it ; and,
(ii) th e Te nan t has fail ed to co rrect th e d efault as req ui red by the noti ce ;
(c) th e Tenant has:
(i) become bankrupt or in solv ent or made an ass ignment for th e benefit of
La ndlord 's Ini t i a l s~ T enant 's In itia ls mk!J •"12
·
102
J
1".tr.£s!l
credito rs ;
(ii) had its property seized or attached in satisfaction of a judgm en t ;
(iii) had a re ce iver appointed;
(iv) committed any act or neglected to do anything with the result that a
Construction Lien or other encumbrance is reg istered against the
Landlord's property ; or,
(v) taken action with a view to dissolutio n or liquid ation;
(d) any required insurance policy is cancelled or not renewed by rea so n 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 purpos es of this section the Parties ag ree that the term s
"vacant and "uno ccupi ed" sha ll mean no us e or utilization of the Hangar
and/or no storage of necessary tools , implements or equipment in the
Hangar; or,
(ii) is used by any o ther person or person s, or for any other purpose than as
provided for in this Lease without th e written consent of th e Landlord ;
(f) failure to install or remedy faulty work,
if, in th e opinion of the Landlord th e Tenant:
is not proceed ing or ca us ing to be proceede d th e works required in
co nnection with this Agreement within thirty (30) days' of notice gi ven; or
ii. is improperly performing the works ; or
iii. has neglected or abandoned before the completion , or un rea sonably
delayed the same, so that conditions of this Ag reem ent are being violated or
carelessly executed or being ca rried out in bad faith ; or
iv . has neglected or refu se d to re new or again perfo rm s uch work as may be
rejected by the Landlord as defective or un suitabl e; or
v . has defau lted performance of the terms and co ndition s of th is agreement ;
th en, in any su ch in stan ce, th e Landlord sha ll promptly notify th e Tenant, in writing, of suc h
default or neglect and if such notification be without effect within ten (10) busin ess days
after such notice , the Landlord shall thereupon have fu ll authority and power to purchase
materials and employ worke rs and machines for the proper comp letion of the works at th e
cos t and expense of th e Tenant. The cost of such work sha ll be ca lculated by the Landlord
whose decision shall be fin a l and be paid to th e Landlord by th e Tenant on
demand . Should paym en t no t be rece iv ed following th e iss uance of an invoice from th e
Landlord , th e Landlord shall coll ect sa me as Addi tional Re nt in add iti on to any oth er
remedy ava il abl e to th e Lan dlord .
It is fu rth er understood and agreed between th e parties hereto th at such entry upon th e
Premise shall be as an agent for the Tenant and sha ll not be deemed, for any purp oses
wh atsoever, as an acceptance of the works by th e Landlord.
(2) When a n Act of Defau lt on the part of th e Tenant has occurred :
(a) the current year's Re nt to ge th er with the next yea rs' Re nt shall be come due and
payab le immed iately ; and,
(b) th e Landl ord shall have th e ri ght to termin ate t his Lease a nd to re-enter th e Leased
Prem ises and deal with th em as it may choose.
(3) If, because a n Act of Default has occurred, the Land lord exe rcises its right to termin ate thi s
Lease and re-e nter th e Leased Prem ises prior to th e end of th e Term , the Tena nt sha ll
neverth eless be li ab le for paymen t of Re nt a nd a ll other amounts payable by th e Tenant
in acco rd a nce with th e provision s of the Lease until th e Landlord has re-let the Leased
Premi ses or o th erwise dea lt with th e Leased Premises in such manner that the cessati on
of pa ym en ts by th e T enan t wi ll not res ult in loss to th e Landl ord and th e Te na nt agrees to
be lia bl e to th e Land lord , until th e end of th e T erm of thi s Lease for paym ent of any
diffe re nce between th e amoun t of Rent hereby agreed to b e paid for th e Term hereby
granted a nd th e Rent any new T enant pays to th e Lan dlord .
(4) If when a n Act of Defau lt has occurred , th e Landlord chooses no t to terminate th e Lease
and re -en ter the Leased Premi ses, th e Landl ord shal l have th e ri ght to take an y and a ll
necessary steps to rectify a ny or all Act s of Default of the Tenant and to charge th e co sts
of suc h rectificati on to th e Te na nt and to recover th e costs as Re nt.
(5) If, whe n an Act of Defa ult has occurred, th e Landlord chooses to waive its rig ht to exe rcise
th e re medies available to it und er thi s Lease or at law th e waive r sha ll not con stitut e
c ondonation of th e Act of De fault , nor shall th e waiver be plea ded as an es toppel against
th e Landlord to prevent his exercising his remedies with respect to a sub seq uent Act of
Defa ult . No covenant, term , or condition of thi s Lease shall be deem ed to have been
wa ived by the Landlord unl es s th e waiver is in writing and signed by the Landlord .
Land lord 's Initi a l s ~-Tenant's I ni ti al s mk 1.11~12'2013 1 ~4SES1J
9
13. TERMINATION UPON NOTICE AND AT END OF TERM
(1) If the Leased Premises and/o r Property are subject to an Agreement of Purchase and Sale :
(a) The Landlord s hall ha ve the right to terminate this Le a se, notwithstanding th at the
Term ha s not expired, by giving nin ety (90) days' notice (the "Notice") in writing to
the Tenant and , at the Tenant's option, the La ndlord 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 Premi ses provided th e
Landlord pays to the Tenant a bonus of $500.00. For th e purposes of this Article
and Articles 13(3) a nd 13(4) fair market valu e shall be determined as of th e date
of th e issu ing of the Notice.
(2) If the Ten a nt rema in s in possession of th e Leased Pre mi ses after termination of this Leas e
as aforesaid and if the Landlord then accepts Rent for the Leased Prem ises from th e
Tenant, it is agreed that such overholding by the Tenant and acceptance of Re nt by the
Landlord shall create a monthly tenancy only but th e te nancy shall remain subject to all th e
terms and conditions of thi s 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 th e n e ith er Party may terminate the lease upon sixty (60 ) days written
noti ce to the other party and the Tenant shall comply with Articles 9(3) a nd 10(5) of this
Lease.
(3) Oth er than a termination of this Lease in accordance with Article 13(1) of thi s Lease, th e
Landlord shall , at any time and notwithstand i ng that the Term ha s not expired, hav e th e
unqualified right to terminate this Leas e upon one year's prior written notifica tion (the
"Notice") if the Lea sed Premises are required fo r any reaso n or purpose of the Landlord in
which eve nt th e Landlord shall pay to the Tenant th e fair market value for the Hangar, if
erected by th e T enan t, un less th e Tenant agrees to remo ve th e Ha ng ar and comply with
Art icles 6(3) and 7(5) of th is Lease, and th e Tenant shall provide s uch vacant possession
upon th e exp iry of the Notice provided th e Land lord pays to th e Tenant a bon us of $500.00.
(4) The Parties agree that it is the ir mutual inte ntion th at at th e end of the Term of thi s Lease
th e lease shall be renewed upon such conditions and terms as agreed between th e Parties.
Th e Parties further agree tha t although it is their mutual intention to renew th e lease
nevertheless either party may decide not to renew the lease for any reason . Th e Parti es
acknowledg e th at upon such re newal all terms and co nditions shall be negotiated between
the Parties . If th e Parties do not re new thi s Lease then th e Parties agree th at the Landlord
sha ll be gran ted th e Right of First Refusal to purchase th e Hang ar (th e "Op tion"). The
Tena nt covenan t s th at it will not sell th e Hangar, or an y part thereof, to any pe rson , firm or
corporation , with out first providing th e Landlord to exercise its Opti on as set out in th e te rm s
of thi s paragraph. Up on the Tenant receivin g a bona fid e offer in writin g (th e "Th ird Party
Offer") th e Te nant shall deliver to the Airport Office, 244411 Airport Road , Township of
So uth-West Oxford, Ontario , a copy of the Third Party Offer and the La ndlord shall have
twenty business days (the "Notice Period ") from the date of re ceipt of the Third Party Offer
to exe rcise th e Op tion to match th e Third Party Offer. If th e Landlord exercises its option
in the Notice Pe ri od then it mu st inform th e Tenant at th e Property in writin g that it will
purc hase th e Tenant's interest in th e Hangar on the sa me term s and condit ions, or more
fa vourab le terms to th e Tena nt at th e Landl ord's discretion , as conta ined in th e T hird Pa rty
Offer (th e "Land lord 's Offer"). If th e Landlord exercises its Op ti on in th e Notice Period th en
the Tena nt mu st se ll th e Hanga r to th e Land lord upon th e terms and co nditions as
co nta in ed in th e Landl ord 's Offer. If th e Landlord does not exercise its opti on in th e Noti ce
Period th en th e Tenant s hal l be at liberty to accept th e Third Party Offer pro vi ded that th ere
are no mod ifi ca tions to th e T hird Pa rty Offer. If any modi fi ca tion s are made to th e Third
Party Offer then th e Landlo rd sha ll be permitted to exercise it s option pursu an t to the terms
of thi s pa rag raph. Fo r the purpose of this paragraph , if th e Tena nt is a corpora ti on, th e
word "sell ", in add iti on to its ord in ary mea nin g, s ha ll be deemed to mean and includ e a sa le
or disposition of th e corporate shareholdin g of th e Te nant by th e person or persons wh o ,
at th e date of th e co mm ence ment of th e lease hold s or hold a majority of the corporate
shares . Subject to th e co nditions contain ed in Articl e 4 of thi s Agreement, th e Pa rti es ag ree
th at prior to th e exp iry of th is Lease if th e Tenant seeks to assign thi s Leas e to a third party
then th e Landlord will ag ree to exa mine a proposa l to extend th e term of thi s Lease
however nothin g in this parag rap h shall requ ire th e La ndlord to accept any amendm ent of
the term or new t erm .
14. ACKNOWLEDGMENT BY TENANT
(1) The Te na nt ag rees th at it wi ll at any tim e or times durin g th e Te rm , upon be in g giv en at
least forty -e ight (48) hours pri or written notice , ex ecute and de liver to th e Land lord a
statemen t in writin g cert ifying :
(a)
Land lord 's In it ia ls -!2-*.-
th at thi s Lease is un mod ifi ed and is in full force a nd effect (o r if modified
st ating the mod ifica ti ons and confirmi ng th at th e Lease is in fu ll force and
Tenant 's Initial s mk(J•ni;.ioniG.-.srni
10
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) partic ulars of any prep ayment of Ren t or security deposits; and,
(f) particu la rs of any sub tena nci es.
15 . SUBORDINATION AND POSTPONEMENT
(1) This Lease and a ll the righ ts of the Tenant under this Lease are subject and s ubordinate
to any and all charges against the land , build ings or improveme nts of wh ich the Leased
Premises form part, whether the charge is in th e nature of a mortg age, trust deed , li en o r
any other form of charge arising from th e fin ancing or re-financing, in clud ing extensions or
renewals, of th e Landlord's in terest in th e Property.
(2) Upon the request of the Landlord the Tenant will execute any form required to subordin ate
this Lease and the Tenant's rights to any such charge, and w ill , if required , attorn to the
holde r of the charge.
(3) No su bordination by the Tenant shall have the effect of permitting th e holder of any cha rg e
to disturb the occupation and possession of the Lea sed Premises by the Tenant as long
as the T ena nt performs his ob li gations und er this Lease.
16. RULES AND REGULATIONS
The Tenant agrees on behalf of itself and a ll person s entering th e Leased Premises with th e
T enant's authority or permission to abid e by such reasona ble rul es, standard s and regu lations of
the Airport and/or Property which sha ll form part of this Lease and as the Landlord may make
and/or amend from time to time.
17. NOTICE
(1) An y noti ce req uired o r permitted to be g iven by o ne pa rty to th e oth er pursuant to th e terms
of thi s Lease may be give n
To th e Landlord at:
Tillsonburg Regional Airpo rt
Attn : Airp ort Ad ministrator
2444 11 A irport Rd
South -West Oxford, O n
N4 G 4 H1
Fax: 5 19-842-34 4 5
To the Tenant at the Leased Prem ises or a t:
Mark Kn iss
104 Crosier Street, Delhi O ntari o
(2) The above addresses m ay be c ha nged at a ny time by giving te n (10) days written notice.
(3) Any notice given by one party to th e oth er in accordance with th e provi sion s of thi s Lease
sha ll be deemed conc lu si vely to ha ve b ee n received on the date delivered if the no ti ce is
served persona ll y or seve nty-tw o (72) hours after mail ing if th e noti ce is mail ed .
18 . REG ISTRATION
T he Tenant shall not at any tim e reg ister notice of or a copy of thi s Lease on title to th e Prop erty of
which th e Leased Prem ises form part witho ut conse nt of th e Landlord .
19. INTERPRETATION
(1) The words importing th e sin gu la r numbe r o nly sha l l i nclude the plura l , and vi ce versa, a nd
words importing th e mascu li ne, fe minine or ne utral gender shall in c lud e th e other genders,
and words im portin g pe rsons s hall in clud e firms a nd corporation s a nd vi ce versa.
(2) Unl ess th e context oth e rwise req uires , th e word "Landlord " and th e word "Tenan t" wh e re ver
used herein shall be co nstru ed to in c lude th e executors, administrators, successors a nd
a ss ign s of th e Landlord and Te nant, r espectively .
(3) Whe n th ere are two or more Tenants bound by th e same cove na nts here in contain ed , th e ir
L and lord 's Init i a l s~ . , nok1Jm l l,i0ll16:4~£S"I) Tenant 's l 111t ials ___ _
II
obligations shall be joint and several.
20 . MISCELLANEOUS
(1) Unless otherwise stipulated , parking , if appli cabl e, 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 succe ssor legislation . Th e parties further
agree that the arbitrator sha ll be jointly chosen and the arbitrator shall have the ability to
award costs of the arbitration. This clause shall not apply if th e Tenant is in default under
th e terms of th e Lease which include but are not limited to :
(a) its obligations to pay Rent , Base Ren t and/or Additional Ren t ;
(b) non-repair or maintenance of the Leased Premises ;
(c) subleased the Leased Premises wit hout the authorization of the Landlord ,
acting reasonably ;
(d) changed its use of the Leased Pre mises; or,
(e) used the Leased Premises in any manner contrary to Arti cle 7 .
(3) In the event that any c lau se herein should be unenforceable or be declared invalid for any
reason whatsoever, suc h enforce a bility or invalidity shall not affe ct th e enforce ability or
validity of th e remaining portion s of th e covenants and su c h un e nforcea bl e or inv alid
portions shall be severable from the remainder of this Lease .
(4) This Lease shall be construed and enforced in accordance with the laws of th e Province of
Ontario . Any proceeding sh all be brought at the City of Woodstock in the County of Oxford ,
Ontario .
(5) Th e Ten a nt hereby agrees that it ha s had an opp ortunity to review th e terms of thi s Lease
and seek independ ent lega l advice .
(6) Should any provi sion of thi s Lease require judicia l interpretation or arbitrat ion, it is agree d
that the court or arbitrator interpreting or construing the same shall not apply a presumption
that th e terms thereof shall be more strictly construed against one party by reason of the
rul e of construction that a document is to be constru ed more strictly against th e party who
itself or through its ag ent prepared the same , it be agreed that both pa rti es have
participated in th e pre pa ration hereof.
(7) This Le ase and it's schedules con stitut es th e entire agreem ent between th e Parti es hereto
pertaining to th e subj ect matter hereof and s up ers edes all prio r and con te mporaneo us
agree ments, und ersta nding s, negotiation s a nd discuss ion s , wh eth er oral or written , of th e
parties and there are no warranties , representations or oth er 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 th e Parties.
(8) Th e Tena nt agrees th at it has not reli ed upon any representation , promise or w arranty of
th e La ndlord with res pect to th e condition of th e Lease d Pre mi ses , Ha ngar or any
repre sentati on or promise of the Landl ord to repa ir, renovate or oth e rwi se a lter th e Leased
Pre mi ses in any mann er pr io r to or aft er co mm enceme nt of th e Te rm . T he Pa rti es ag ree
that th e Leased Premi ses are be ing offered to th e Te nant in an "as is" co ndition . T he
Te nant sha ll not call on or demand the Landlord to perform any repairs or re no vations prior
to o r after it obtain s po ssession . The Tenant ackn owl edges that ii has performed its own
du e diligence in esta bli s hi ng th e state of repair of th e Leased Premises including th e
Ha ngar.
In Witn ess of th e fo rego in g covenants th e Landlo rd and th e T enant ha ve executed t hi s Lease .
Landlord
Land lord
Kyle Pratt, CAO
T he Corp ora ti on of th e Tow n of Till sonburg
T enant 's Init ia ls •rik (Ju•ll,m.3ic:4stsn
Witness
12
We have authority to bind the Corporation .
Per:
Mark Kniss
Nam e
Tenant
T enant's In iti als rr.k!J'"
17·'m"'45
l Sll
13
Sc hedu le "A"
THE "LEASED PREM ISES"
Taxi way C1 Lot 9
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Te nant 's In iti als "o(u,niuo231
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45 £sn
14
SCHEDULE "B" (Not Applicable I Existing Hangar)
CONSTRUCTION REQUIREMENTS
1. The Tenant shall construct an airplane hangar building with approximate dimensions of
XX feet wide by XX feet deep compromising a floor area of XXXX 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 Landlord a flat fee of $6 00 to administer the Airport De ve lopment
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 La ndlord in
its sole and absolute discretion, and ;
(d) to ensure all persons retained by th e Tenant have appropriate hea lth and safety
policies , insurance and W SIB coverage .
3. The Tenant shall provide to the Landlord the following in order to obtain an Airport
Development Permit and approval for use of the Leased Premises and hangar thereon:
(a) prior to construction, submission of:
1. all applicable fees ;
2. 2 copi es of a site plan showing the proposed loca tion of th e ha ng ar and
dim ensions to the adjacen t buildings ;
3. 2 copies of construction drawings (foundation plan, floor plan , building
elevations , diaphragm/truss bracing , anchorage, construction
details/finishes, etc.) stamped by a pro fessional engineer;
4. 2 copies of the tru ss drawings stamped by a professional eng in eer; and
5. Commitm ent to General Revi ews form co mpl eted by both the building
own er and professional eng in ee r ;
(b) prior to occupancy and acceptance:
1. inspec tion of th e construction and acce ptance of same by t he Landlord in
in respe ct of compliance with the OBC, the terms of this Airport Lease
and all policies and rul es regulating the Tillsonburg Airport; and
2. submi ssion of all site reports (fo otin g inspection , framing in spection ,
occupa ncy inspection) and a n occup ancy report from th e profess ion al
engin eer; and ,
(c) fin al approval :
1. provid e a fina l report (v erifying outsta nding items not co mpleted at
occupa ncy ha ve bee n co mpleted/corrected) from th e profess iona l
enginee r if appli cable.
4 . T he pa rti es co venant and ag ree th at th e Tenant is not required to obta in a building permit
from th e Town shi p of So uthwest Ox ford for co nst ruction of building s on th e Tillsonburg
Airport.
5. Th e Tenant co venants and ag rees th at failure to comp ly with th e provi sions of thi s
schedule shall be an eve nt of default of thi s Lease and in th e abse nce of remed ying s uc h
defa ult, shall permit th e Landl ord to termin ate thi s Lease and see k a ny and al l oth er
reco urse aga in st th e tenant in such in stan ce .
Land lord 's I nitial s~ T enan t 's Initials mk!J.n il.mrn:m !>n
15
SCHEDULE "C" (Not Applicable I Existing Hangar)
CONSTRUCTION SCHEDULE
Provided by the Tenant prior to execution of the lease agreement and approved b y the
Landlord .
Prel iminary Construction Schedule : Start of Construction Insert date
End of Construction Insert date
Note : Tenant has ex pressed that a detailed constru ctio n schedule will be provided once
contractor and Tenant have finalized .
T enant 's In iti al s ..-.k(J•~ll.lou it.:4Sr!.lJ