HomeMy WebLinkAbout14 070 Airport Hangar Lease Agreement (Ian Brown) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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•
, � N PALIIY OF KINCP
BY -LAW
NO. 2014 - 070
BEING A BY -LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT
FOR THE RENTAL OF LAND AT THE KINCARDINE MUNICIPAL AIRPORT
(Ian Brown)
WHEREAS Sections 11 (1) and (3) of the Municipal Act, 2001, S.O. 2001, c. 25
as amended gives broad authority to lower -tier municipalities to provide any
service or thing that the municipality considers necessary or desirable for the
• public and respecting matters within the sphere of jurisdiction of transportation
systems, other than highways;
AND WHEREAS pursuant to the said Municipal Act, Section 8 (1) and 9 provide
that the powers of a municipality under this or any other Act shall be interpreted
broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate and to enhance the
municipality's ability to respond to municipal issues and has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its
authority under this or any other Act;
AND WHEREAS it is deemed expedient to enter into a lease agreement with Ian
Brown for the rental of land to house an airplane hangar at the Kincardine
municipal airport located at1987 Highway 21, R.R. #2 Kincardine, Ontario;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Corporation of the Municipality of Kincardine enter into a lease
• agreement with Ian Brown for the rental of land to house an airplane
hangar at the Kincardine municipal airport located at 1987 Highway 21,
R.R. #2 Kincardine, Ontario.
2. That the Mayor and Chief Administrative Officer be authorized and directed
to execute, on behalf of the Council of The Corporation of the Municipality
of Kincardine, the lease agreement with Ian Brown attached hereto as
Schedule `A', and to affix the corporate seal.
3. This by -law shall come into full force and effect upon its final passage.
4. This by -law may be cited as the "Airport Hangar Lease Agreement (Ian
Brown) By -law ".
READ a FIRST and SECOND TIME this 14th day of May, 2014.
READ a THIRD TIME and FINALLY PASSED this 14th day of May, 2014.
1111 Dovr,„
,)Mayor Clerk
This is Schedule " " to By -Law
No 2O i 4 -0 l passed the 1 day
of ra3,9 20 ( -¢-
This LEASE made this day of C C J , 2014.
In Pursuance of the SHORT FORMS OF LEASES ACT, R.S.O. 1990, Chapter
S.11.
BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
(hereinafter called the "Landlord ")
and
IAN BROWN
(hereinafter called the "Tenant ")
WHEREAS the Landlord is a Municipal Corporation in the Province of Ontario
incorporated pursuant to the Municipal Act, 2001;
AND WHEREAS the Landlord is the Owner of the lands located at 1987 Highway
21, R.R. #2, Kincardine, Ontario N2Z 2X4 ( "Airport Land ") and the Tenant wishes
to lease from the Landlord a portion of the Airport land identified in the sketch
attached hereto and marked as Schedule "A" for the purpose of constructing and
erecting a Hangar, hereinafter referred to as the "Leased Lot ";
IN CONSIDERATION of the rents reserved and covenants and agreements
contained in this lease on the part of the Tenant, the Landlord leases to the Tenant
for the term and upon the conditions in this lease the Leased Lot, together with a
right of way, marked as "right of way" on "Schedule A ".
1. GRANT OF LEASE
(a) The Landlord leases the Leased Lot, which includes the right of way,
to the Tenant:
(i) For the Term set forth in Section 2;
(ii) At the Rent set forth in Section 4; and
(iii) Subject to the conditions and in accordance with the
covenants, obligations and agreements contained herein.
(b) The Landlord covenants that it has the right to grant the leasehold
interest in the Leased Lot free from encumbrances except as
disclosed on title.
2. TERM
(a) The Landlord leases to the Tenant the Leased Lot for the term of
Twenty (20) years, commencing on the 1st day of June
2014 and ending on the 31S day of May 2034, hereinafter referred to
as "the Term ".
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3. RENEWAL
(a) Provided always it is agreed between the parties:
(i) If the Tenant is not in arrears of the payment of Rent and has
not breached the covenants contained herein at the time of
the expiration of the Term granted by this Lease then, the
Landlord shall, upon the written request of the Tenant
received by the Landlord at least six (6) months prior to the
termination of the Lease, grant to the Tenant a renewal of the
Lease for a further term of five (5) years upon the same terms
and conditions as are contained in this Lease save and except
with respect to Rent and Additional Rent; provided that the
Rent and Additional Rent for the renewal Lease shall be
agreed upon by the parties and further provided that, in the
event that the Landlord and Tenant cannot agree upon the
amount of Rent to be paid by the Tenant during the term of
the renewal Lease within thirty (30) days of the
commencement of the new term under the renewal Lease
then the issue of Rent only is to be determined at the instance
of either party under the Arbitrations Act in force from time
to time in the Province of Ontario through a single arbitrator
whose award is subject to appeal to a Judge in Court and from
a Judge in Court to the Ontario Court of Appeal.
(ii) The Tenant may assign this Lease to a third party so long as
the conditions set forth in Section 16 herein have been
satisfied.
(iii) Notwithstanding any term or condition contained herein, this
contract shall be null and void if the Leased Lot falls Within
and /or conflicts with the Landlord's future expansion and
development plans and then the following shall apply:
(a) The Tenant shall vacate the Leased Lot within twelve
(12) months of receiving written notice from the
Landlord that the Landlord requires the Leased Lot for
future expansion and /or development purposes;
(b) If the Landlord terminates this Agreement for this
reason, the Landlord shall reimburse the Tenant the
Tenant's actual cost to construct the Hangar, as
determined by receipts provided by the Tenant to the
Landlord divided by the Term of the Lease multiplied
by the remaining number of years left until the end of
the Term;
(c) The payment referred to in paragraph 3(iii)(b) above
shall become due and payable by the Landlord to the
Tenant within fifteen (15) business days from the
date the Tenant has vacated the Leased Lot and has
given the Landlord notice of same so long as the
Tenant has provided the Landlord with all receipts
necessary to calculate the amount outstanding;
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(d) After receiving the Notice referred to in paragraph
3(iii)(a) above, and until the Tenant vacates the Leased
Lot, the Tenant shall continue to pay Rent and
Additional Rent unless agreed otherwise by the
Landlord and the Tenant;
(e) If the Tenant fails to vacate the Leased Lot within
twelve (12) months from receipt of Notice in
paragraph 3(iii)(a) above, then the Landlord shall be
permitted to enter onto the Leased Lot and take
possession of the Hangar and any items not removed
by the Tenant and the Landlord shall be deemed to be
the owner of the Hangar and the property and any
obligation on the part of the Landlord to pay the Tenant
a monetary amount pursuant to paragraph 3(iii) shall
be null and void; and,
(f) Nothing in this Section prevents the Landlord from
pursuing the Tenant for Rent, Additional Rent, Interest
and /or Costs.
4. RENT
(a) "Rent" means the amounts payable by the Tenant to the Landlord
pursuant to this Section and includes Additional Rent.
(b) The Tenant covenants to pay to the Landlord, during the Term of this
Lease, without abatement or set -off, rent as follows:
(i) a base rent of $0.33 per square foot plus HST for the Leased
Lot payable at the commencement of the Term of this Lease
and the 1St day of month thereafter;
(ii) For the purposes of calculating Rent pursuant to paragraph
4(b)(i), the Leased Lot shall include the surrounding two (2)
feet on all sides of the exterior sides of the Hangar, and the
apron area;
(iii) The parties agree that the square footage of the Leased Lot
has been calculated and confirmed by each of the parties;
(iv) On the anniversary date of the Commencement of this Lease,
and each year thereafter, the base rent, referred to in
paragraph 4(b)(i) herein, shall be increased in proportion to
the increase in the Ontario Consumer Price Index as
published by Statistics Canada for the immediately preceding
calendar year and this new base rent shall become Rent due
and payable under this section; and
(v) All Rent payable by the Tenant shall be paid in advance,
without prior demand, to the Landlord.
(c) The Tenant hereby acknowledges that the foregoing Rent payable is
solely for the Leased Lot, which is comprised of the land and the use
of the right of way, and the Tenant further acknowledges and agrees
that the Rent provided for by this Lease shall be payable whether or
not a Hangar is erected on the Leased Lot and the Rent is payable,
due and owing by the Tenant even in the event that the Hangar is
partially damaged or totally destroyed. There shall be no abatement
of Rent.
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(d) 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 as agreed to by the Landlord in writing.
(g) The Tenant acknowledges that there will be a charge for aircraft tie -
down fees and said fees will be deemed Additional Rent. The parties
agree that the Tenant will not be charged aircraft tie -down fees until
the Hangar is substantially complete.
(h) Any and all payments to be made by the Tenant pursuant to this
Lease shall be delivered to the Landlord at the Landlord's address
for service set out in Section 26 or to such other place as the
Landlord may from time to time direct in writing.
(i) No partial payment by the Tenant which is accepted by the Landlord
shall be considered as other than a partial payment on account of
Rent or Additional Rent owing and shall not prejudice the Landlord's
right to recover any Rent or Additional Rent owing.
5. TAXES
(a) The Tenant covenants to pay, as and when they fall due, all
municipal taxes, including charges levied or imposed on the Leased
Lot on any improvements thereon.
(b) The Landlord, at its sole option, may pay the taxes referred to herein
on behalf of the Tenant and collect such money from the Tenant as
Additional Rent.
(c) The assessment of municipal taxes is determined through the
Municipal Property Assessment Corporation (MPAC). The Tenant is
expected to pay taxes based on the assessed value of their Hangar
and the Leased Lot the hangar occupies.
6. UTILITIES
(a) The Tenant shall pay all utilities with respect to the Leased Lot. The
Tenant covenants to pay, as and when they fall due, all charges for
installation and use of electricity and water, or any other utilities as
may be deemed necessary, which may be supplied to the Leased
Lot. All services are to be underground.
(b) The Tenant shall be responsible for the electricity use and energy
costs of his own Hangar. Based on readings of the central hangar
electrical meter, the hangar owners group will disburse charges to
the individual hangar owners and provide a consolidated payment for
energy charges to the Landlord.
(c) The Tenant will submit an electrical design plan to the Landlord for
its review and approval prior to installation. The Landlord's approval
will not be unreasonably withheld and will make best efforts to
support the Tenant's proposal.
(d) If the Tenant or hangar owners group defaults on payment of the
utilities referred to herein, the Landlord, at its sole option, may pay
the outstanding utilities on behalf of the Tenant and collect such
money from the Tenant as Additional Rent, including interest and any
costs incurred by the Landlord.
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7. TENANT TO ERECT IMPROVEMENTS
(a) From and after the execution of this lease by the parties hereto, the
Tenant shall proceed with due diligence to prepare engineered plans
and drawings for the improvement of the Leased Lot. Said
application and drawings /plans shall contain such detail as the
Landlord may reasonably require.
(b) Notwithstanding any other requirements of the Landlord, the
improvements shall meet the following criteria:
(i) the structural design of the hangar must be certified by a
professional engineer and designed in accordance with the
drawings referred to in paragraph 7(a) above;
(ii) uniformity of design with existing buildings, including roof style
and window size and location;
(iii) compliance with height restrictions, as required by the
Comprehensive Zoning By -Law, and must comply with
applicable I.L.S. and TP 312 O.L.S. requirements;
(iv) exterior colours for the entire Leased Lot, to conform with
existing buildings;
(v) metal siding;
(vi) grading to be in accordance with the engineered drawings.
The Tenant shall be responsible for the preparation of the site
for construction, including excavating, filling, grading and
drainage plan as approved by the Landlord;
(vii) all hangers must have main entrance aircraft doors and one
3'8" x 6'8" man access steel door and there shall be the
capability of performing an emergency door opening should
the permanent power supply be unavailable. This will require
a portable generator that could be used to power the door
operating electric or hydraulic system.
(viii) the two foot perimeter around the Hangar shall consist of
granular material, as per the Landlord's specifications and
requirements;
(ix) any landscaping shall conform to the Landlord's requirements
and specifications and any applicable legislation, bylaws, etc;
and
(c) The Tenant shall submit drawings /plans referred to in paragraph 7(a)
herein to the Landlord for review and approval prior to any
construction. The Landlord's approval shall not be unreasonably
withheld.
(d) The Tenant shall not commence any improvements to the Leased
Lot without the prior written approval of the Landlord.
(e) All construction of improvements, including excavation, grading,
landscaping, etc. shall be done at the sole expense of the Tenant.
(f) The Tenant shall discharge, at his own expense, any lien filed
against the Leased Lot or the Airport land in respect of work carried
out to and upon the Leased Lot, and the Tenant shall pay any legal
or other costs, fees or disbursements howsoever incurred by the
Landlord in connection with such lien. The Landlord may, at its sole
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option, discharge such liens by paying into court or otherwise and
such amounts, including any costs incurred by the Landlord to do so,
are recoverable by the Landlord from the Tenant as Additional Rent.
(g) Within six (6) months of the commencement of this lease, the
Tenant shall commence the construction of a hangar on the Leased
Lot and shall complete the construction within twelve (12) months
of the commencement of this lease. Upon completion, all
improvements constructed upon the Leased land shall be vested in
the Tenant. If the construction of the said hangar is not completed
within the said twelve (12) month period, this lease shall terminate
at the end of such period and, notwithstanding any other term to the
contrary, the Tenant shall have thirty (30) days in which to remove
any partially constructed hangar on the demised premises. If not
removed within such period, any partially constructed hangar or the
remains thereof shall become the property of the Landlord.
(h) In the event that the Tenant refuses or neglects to renew the Lease
after the expiration of the Term of the Lease in accordance with the
provisions of Section 3 herein, the Tenant shall, within one hundred
and twenty (120) days, or anther date as agreed upon due to
circumstances such as weather, after the expiration of the term of
this Lease, remove any building and /or improvements erected upon
the Leased Lot (including any plumbing, heating, ventilating plant or
other building service) solely at the cost of the Tenant. Alternately,
the Tenant may negotiate with the Landlord for the Landlord to
purchase the hangar however if a sale to the Landlord cannot be
achieved within thirty (30) days, the hangar will be publicly sold by
the Landlord with all debts from said hangar being paid by the sale
proceeds, including any costs incurred by the Landlord associated
with the public sale, and any balance remaining will be forwarded to
the former owner.
8. MAINTENANCE AND REPAIR
(a) The Tenant agrees to operate, maintain, and keep the premises in
such good order and condition both inside and out as they would be
kept by a reasonably careful and prudent owner and promptly make
all needed repairs and replacements as shall be reasonably
necessary including, without limiting the generality of the foregoing,
the roof, foundations and appurtenances including fixtures, facilities
and equipment belonging to and forming part of the premises;
provided, however, that the foregoing obligations of the Tenant shall
include repairs required by reasonable wear and tear.
(b) The Tenant shall not allow any refuse, garbage or any other loose or
objectionable materials to accumulate on or about the Leased Lot,
and will at all times keep the Premises in a clean and wholesome
condition and shall be responsible for the removal of all garbage or
loose or objectionable material on the said Premises.
(c) The Tenant shall permit the Landlord or a person authorized by the
Landlord to enter onto the Leased Lot and any buildings thereon, with
twenty -four (24) hours notice, to examine the condition thereof and
view the state of repair at reasonable times:
(i) 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, but not less than thirty -six (36) hours;
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(ii) if the Tenant refuses or neglects to keep the Premises in good
repair the Landlord may, but shall not be obliged to, make any
necessary repairs, and shall be permitted to enter the
Premises, by himself or his servants or agents, for the
purpose of effecting the repairs without being liable to the
Tenant for any Toss, damage or inconvenience to the Tenant
in connection with the Landlord's entry and repairs;
(iii) if the Landlord makes repairs the Tenant shall pay the cost of
the repairs to the Landlord within fifteen (15) days of receipt
of proof of the cost of the repairs; and
(iv) if the Tenant refuses to pay the costs of repair, the Landlord
shall be entitled to take any steps necessary, as against the
Tenant, to recover the costs of repair, including interest and
legal costs.
(d) In the event of loss, damage or partial Toss or damage to the Hangar,
the Tenant shall replace or repair the Hangar with due diligence and
dispatch. In the event that the Tenant fails to repair or replace with
due diligence and dispatch the Landlord has the right to rebuild,
repair or demolish and remove, at the Landlord's sole discretion, the
Hangar and any costs incurred by the Landlord in relation thereto
shall be payable by the Tenant as Additional rent; provided that,
notwithstanding any other provision to the contrary, in the event of
substantial damage or total Toss which the Tenant neglects or refuses
to repair or rebuild with due dispatch and diligence, the Landlord shall
have the unilateral right to terminate this Lease and shall take any
steps deemed necessary to restore the premises to a reasonable
state, which includes the right to demolish the Hangar, and the
Landlord shall be entitled to take any steps necessary, as against the
Tenant, to recover its costs, including interest and legal costs.
9. INSURANCE
(a) The Tenant shall put in effect and maintain in its name, and at its own
expense, all the necessary and applicable insurance that would be
considered appropriate for a prudent Tenant undertaking this type of
operation for the period during which this Lease is in effect with
insurers acceptable to the Landlord, said insurance shall include,
(i) General Liability Insurance for third party bodily injury,
personal injury and property damage to an inclusive limit of
not less than Two Million Dollars ($2,000,000.00) per
occurrence.
(ii) The Corporation of the Municipality of Kincardine shall be
named as an additional insured;
(iii) Cross liability insurance;
(i) Contractual liability insurance;
(ii) Tenant's Legal Liability insurance; and
(iii) A thirty (30) day written notice of cancellation.
(b) The Tenant shall provide the Landlord with a valid Certificate of
Insurance as evidence of the above -noted coverage upon signing of
this Lease. The Tenant shall provide the Landlord with any renewal
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replacement certificates as may be necessary during the term of the
Lease.
(c) Within seventy -two (72) hours of a request by the Landlord, the
Tenant shall produce evidence of valid insurance coverage in
accordance with the terms noted herein, failing which this Lease shall
become null and void and the Tenant shall immediately vacate the
Leased Lot and the Landlord shall become the owner of the Hanger
and any property which has not been removed by the Tenant.
11. QUIET ENJOYMENT
(a) The Landlord covenants that so long as the Tenant is not in default
under the terms of this Lease, the Tenant shall have quiet enjoyment
of the Leased Lot.
12. INDEMNIFICATION
(a) The Tenant agrees to indemnify and save and hold harmless the
Landlord from and against all suits, judgments, claims, demands,
expenses, actions, causes of action and losses and for any and all
liability for damages to property and injury to persons (including
death) which may be brought against the Landlord or to which the
Landlord may incur, as a result of, or arising out of, or in relation to,
any duties and obligations that the Tenant has under this Agreement
and /or any breach of the terms of this Agreement by the Tenant.
13. USE OF LEASED LAND OUTSIDE OF BUILDING
(a) The uncovered portion of the Leased Lot shall not be used except for
aircraft taxiways.
(b) The exterior of the Leased Lot shall be maintained at all times in a
neat and tidy condition and if not so maintained, may be maintained
by the Landlord and the expense for such maintenance is
recoverable as Additional Rent from the Tenant within fifteen (15)
days of receipt of proof of the cost.
14. SERVICE ROAD AND TAXIWAY
(a) Construction of any required service roadway /taxiway between the
Tenant's lot line and the airport-paved finger taxiway is at the
Tenant's expense.
15. LANDLORD'S MAINTENANCE
(a) The Landlord shall be responsible for all outside maintenance to the
Airport Lands, excluding the Leased Lot, which shall be the
responsibility of the Tenant to maintain.
16. RIGHT TO ASSIGN
(a) The Tenant may assign this lease to a third party, provided that, the
Landlord has provided prior written consent and so long as all terms
of the Lease Agreement have been complied with and the Sub-
tenant signs an acknowledgment that they shall be bound by this
Lease Agreement.
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(b) The Tenant's Right to assign does not imply or grant to the Tenant
any right to rent or sub -lease space in a private hangar.
17. RIGHT TO INSPECT
(a) The Landlord will, in writing to the Tenant, designate a Municipal
Representative for actions covered by this clause.
(b) Upon twenty -four (24) hours written notice to the Tenant, the
Tenant shall permit the Landlord's Municipal Representative access
to the hangar for inspection.
(c) The Tenant shall provide the Municipal Representative with a key to
be secured in the Airport office, such key providing hangar access
via the man door referenced in Section 7(b)(vii).
18. GASOLINE AND OIL STORAGE
(a) The Tenant shall not store or use any hazardous or flammable
substances on the Lease Lands, including but not limited to,
gasoline, or any other flammable material, with the exception of
engine oil or fuel normally kept on -board an aircraft/vehicle.
(b) The Tenant covenants not to keep any oil on the premises other than
for the Tenant's own use.
19. INTEREST ON AMOUNTS OWING
(a) All Rent, Additional Rent and any other sums paid by the Landlord
for expenses incurred which should have been paid by the Tenant
and all of which are in arrears, shall bear compounded interest from
the date payment was due at a rate of 1.25 percent per month.
20. PERMITTED USE OF LEASED LOT
(a) The Tenant acknowledges that, in accordance with the present Site
Plan Agreement with the Municipality of Kincardine, the permitted
use of the Leased Land is Aircraft Storage.
(b) Commercial operations such as charter operators, flight schools,
aircraft rental or leasing, aircraft repair, avionics repair, avionics
sales, aircraft parts sales, aircraft refinishing, aircraft manufacturing,
aircraft parts manufacturing, gasoline and oil sales, car rentals, food
sales are prohibited on the leased Land.
(c) The Tenant shall not do or permit to be done at the Leased Lot
anything which may:
i. cause damage to the Airport Lands, including the Leased Lot;
ii. cause injury or annoyance to occupants of neighbouring
premises;
iii. make void or voidable any insurance upon the Leased Lot;
and
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iv. constitute a breach of any by -law, statute, order or regulation
of any municipal, provincial or other competent authority
relating to the Leased Lot.
21. RULES AND REGULATIONS
(a) The Tenant agrees to observe and abide by any and all applicable
rules, regulations and laws, including but not limited to those
regulations provided by Transport Canada in TP -312E Aerodrome
Standards and recommended practices.
22. ACTS OF DEFAULT AND LANDLORD'S REMEDIES
(a) An Act of Default has occurred when:
(i) the Tenant has failed to pay Rent for a period of fifteen (15)
consecutive days, regardless of whether demand for payment
has been made or not;
(ii) the Tenant has breached its covenants or failed to perform
any of its obligations under this Lease; and the Landlord has
given notice specifying the nature of the default and the steps
required to correct it; and the Tenant has failed to correct the
default as required by the notice;
(iii) the Tenant has;
a. become bankrupt or insolvent or made an assignment
for the benefit of Creditors;
b. had its property seized or attached in satisfaction of a
judgment;
c. had a receiver appointed;
d. 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
e. without the consent of the Landlord, made or entered
into an agreement to make a sale of its corporation,
with a view to winding up, dissolution or liquidation; or
f. made a sale in bulk of all or a substantial portion of its
assets, other than in conjunction with an assignment or
sublease approved by the Landlord.
(iv) any insurance policy is canceled or not renewed by reason of
the use or occupation of the Premises, or by reason of non-
payment of premiums; or
(v) the Leased Lot;
a. becomes vacant or remains unoccupied for a period of
forty -five (45) consecutive days and the Tenant has failed
to pay Rent; or
b. are 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.
(b) When an Act of Default on the part of the Tenant has occurred:
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(i) the current month's rent together with the next three (3)
months' rent shall become due and payable immediately;
and,
(ii) the Landlord shall have the right to terminate this Lease and
to re -enter the Premises and deal with them as it may choose.
(c) If, because an Act of Default has occurred, the Landlord exercises
its right to terminate this Lease and re -enter the Premises prior to the
end of the Term, the Tenant shall nevertheless be liable to the
Landlord for payment of Rent owed along with all other amounts
payable by the Tenant in accordance with the provisions of this
Lease until the Landlord has re -let the Premises or otherwise dealt
with the Premises in such manner that the cessation of payments by
the Tenant will not result in loss to the Landlord:
(i) and the Tenant agrees to be liable to the Landlord, until the
end of the Term of this Lease for payment of any difference
between the amount of Rent hereby agreed to be paid for the
Term hereby granted and the Rent any new tenant pays to the
Landlord.
(d) The Tenant covenants that notwithstanding any present or future Act
of the Legislature of the Province of Ontario, the personal property of
the Tenant during the term of this Lease shall not be exempt from
levy by distress for Rent in arrears:
(i) and the Tenant acknowledges that it is upon the express
understanding that there should be no such exemption that
this Lease is entered into, and by executing this Lease:
(ii) the Tenant waives the benefit of any such legislative provisions
which might otherwise be available to the Tenant in the
absence of this agreement; and
(iii) the Tenant agrees that the Landlord may plead this covenant
as an estoppel against the Tenant if an action is brought to
test the Landlord's right to levy distress against the Tenant's
property.
(e) If, when an Act of Default has occurred, the Landlord chooses not to
terminate the Lease and re -enter and repossess the Leased Lot, the
Landlord shall have the right to take any and all necessary steps to
rectify any or all Acts of Default of the Tenant and to charge the costs
of such rectification to the Tenant and to recover the costs as Rent
and Additional Rent.
(f) If, when an Act of Default has occurred, the Landlord chooses to
waive its right to exercise the remedies available to it under this
Lease or at law the waiver shall not constitute condonation of the Act
of Default, nor shall the waiver be pleaded as an estoppel against
the Landlord to prevent it from exercising its remedies with respect
to a subsequent Act of Default.
(g) 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.
23. BINDING EFFECT
(a) This lease is binding on, extends to and ensures to the benefit of the
parties hereto and their successors and assigns.
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24. AMENDMENTS TO THE AGREEMENT
(a) The Chief Administrative Office is authorized by the Municipality of
Kincardine to execute this agreement and to make any minor
changes deemed necessary to this agreement.
(b) Any major changes to this agreement are conditional on the approval
of Council for the Municipality of Kincardine and shall be adopted by
the passing of a By -Law.
(c) Any changes to the Agreement must be approved in writing by both
parties.
25. INTERPRETATION
(a) The words importing the singular number only shall include the
plural, and vice versa, and words importing the masculine gender
shall include the feminine gender, and words importing persons shall
include firms and corporations and vice versa.
(b) Unless the context otherwise requires, the word "Landlord" and the
word "Tenant" wherever used herein shall be construed to include
the executors, administrators, successors and assigns of the
Landlord and Tenant, respectively.
(c) when there are two or more Tenants bound by the same covenants
herein contained, their obligations shall be joint and several.
26. NOTICE
(a) Any notice required or permitted to be given by one party to the other
pursuant to the terms of this Lease may be given in writing via mail
or facsimile to:
The Landlord at: Municipality of Kincardine
1475 Concession 5
R.R. #5
Kincardine, ON
N2Z 2X6
Facsimile: 519- 396 -8288
The Te not at the Premises or at:
��
26r) 5 Hwy. 21
Tiverton, ON
NOG 2T0
(b) The above addresses and or facsimile numbers may be changed at
any time by giving ten (10) days written notice.
(c) Any notice given by one party to the other in accordance with the
provisions of this Lease shall be deemed conclusively to have been
received on the date delivered if the notice is served personally or by
facsimile or seventy -two (72) hours after mailing if the notice is
mailed.
Airport Lease
12I age
27. TERMINATION CLAUSE
(a) Notwithstanding the Term of this Lease, it is agreed by the parties
that either party shall have the right to terminate this Lease at any
time prior to its expiry date upon providing a minimum of twelve (12)
months written notice to the other party.
(b) If the Tenant remains in possession of the Premises after termination
of this Lease as aforesaid and if the Landlord then accepts Rent for
the Premises from the Tenant, it is agreed that such over holding 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.
28. COUNTERPART
(a) This lease may be executed in counterpart.
In Witness of the foregoing covenants the Landlord and the Tenant have
executed this Lease.
DATED AT ,THIS –DAY OF ,2014
— , TENANT
*
Per
Witness K►rq. 1. w, aoJ an Brown
DATED AT KINCARDINE, THIS – DAY OF , 2014
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE,
LANDLt
Per sol■ , 1
arty - mer or
Per
Murray Clarke, CAO
We have authority to bind the Corporation
Airport Lease
13 Page
— -
Schedule A
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THIS IS NOT A PLAN OF SURVEY MUNICIPALITY OF KINCARDINE
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CROSS SECTION .
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KINCARDINE MUNICIPAL AIRPORT
PROPOSED BROWN HANGAR
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RUNWAY 13-31 (CODE 2, INST., N.P.) GENERAL LAYOUT AND SITE PLAN
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