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HomeMy WebLinkAboutLEG 07-18C(y o/ DICKERING Report to Council Report Number: LEG 07-18 Date: December 10, 2018 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Harry Vale Farms - Lease Agreement — Renewal - File: L-4630-002-18 Recommendation: 1. That Report LEG 07-18 respecting the City's lease agreement with Harry Vale at Highway 7 and Sideline 32, Pickering for the purpose of the operation of a farm be received; 2. That the said lease agreement be renewed for an additional two years ending December 31, 2020, and that the Farm Lease, substantially in the form set out in Attachment 3 to this Report, be executed by the Mayor and City Clerk, subject to such minor revisions as are satisfactory to the Director, Corporate Services & City Solicitor; and 3. That the appropriate City officials be authorized to take the necessary actions as indicated in this Report. Executive Summary: In 2017, the City purchased a portion of farm land from Ontario Infrastructure and Land Corporation ("10"), being approximately 50.7 acres, consisting of approximately 45.78 effective (arable) acres. At the time of the purchase, the lands were leased by Harry Vale for the purpose of the operation of a farm pursuant to a Farm Lease dated April 18, 2013 between 10 and Harry Vale (Attachment 1). A portion of that lease was assigned to the City and is expiring on December 31, 2018 (Attachment 2). Staff have received a request from Harry Vale for a lease renewal. Staff recommend to Council that a new lease be entered into between the City and Harry Vale granting a renewal for a two year term expiring on December 31, 2020. The new lease will be terminable by the City on six months' notice at any time during the renewal term (provided that the termination date is outside the growing season). The rental rate remains unchanged from the rental rate for the final year of the term under the assigned portion of the current lease. A two year renewal will not interfere with the future use of this site as part of the Seaton District Park. Financial Implications: The recommended lease renewal for Harry Vale will generate $4,225.04 per year ($397.86 per month), plus HST, for the two year term. The rental rate remains unchanged from the rental rate for the final year of the original term. The rental rate is comprised of rent for each effective acre at a rate of $92.29 per acre. LEG 07-18 December 10, 2018 Subject: Harry Vale Farms Lease Page 2 Discussion: In 2017, the City purchased a portion of farm lands from 10, being approximately 50.7 acres consisting of approximately 45.78 effective (arable) acres. At the time of the purchase, the lands were leased by Harry Vale for the purpose of the operation of a farm pursuant to a Farm Lease dated April 18, 2013 between 10 and Harry Vale (Attachment No. 1). A portion of that lease was assigned to the City and is expiring on December 31, 2018. Harry Vale has requested a lease renewal. The current lease was assigned to the City by 10 (Attachment No. 2). To give effect to the renewal, staff recommend that the City enter into a new lease with Harry Vale substantially in the form set out in Attachment No. 3 to this Report. The term of the new lease will be two years from January 1, 2019 to December 31, 2020. The lands which are subject to the lease will, in future, form a part of a new Seaton District Park. These lands are located in the extreme north west corner of the Seaton Development Area, near the Innovation Corridor. Development of the Seaton District Park will not be required within the next two years, so the lease renewal will not interfere with the improvement or use of the future District Park. Attachments: 1. 2013 Farm Lease between Ontario Infrastructure and Lands Corporation and Harry Vale 2. Notice of Partial Assignment of Lease. 3. Prepared 2019 Farm Lease between the City and Harry Vale. PreApprov:.d/Endorsed By: Candace .shos; B.A. (Hans.), M.A., J.D. Assistant Solicitor CT:ks Paul Bi Directo Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer Da 3, 2_0 /8 ate Services & City Solicitor Rental Unit: A73,u3B Land ATTACHMEK LTO REPORT# AEC) 04 -Aiit + : CE Lease ID: M73356 Property Code: J N708g, File ID: P664 RegionN1RWL - LAND FARM LEASE (Land Only) THIS'Lease made In quadruplicate as of April 1, 2013. IN PURSUANCE OFTHE SHORT FORMS OF LEASES ACT OF ONTARIO BETWEEN: PREMISES TERM RENT • AND: • HER MAJESTY THEQUEEN rTN RIGHT OFONTARIO A5 REPRESENTED BY TJHE MINISTER OF • • /NFRASTRUCTURE, AS REPRESENTED BY ONTARIO INFRASTRUCTURE AND LANDS CORPORATION 'herein called the "landlord." .HARRY VALE • 53. COULCLIFF BOULEVARD PORTPERRY, ON L9L 1,8 ;herein called the "Tenant" • . WITNESSETH that in consideration of the rents reserved and the covenants and agreements herein contained to be paid; observed .and performed by the. Tenant, 'the Landlord hereby leases to. the Tenant approxiinately 1.69.656 ares with 75.14 -effective acres more or lessr.as shown on the -site plan attached hereto as ScheduleA",:being Part of L�1 33, Concession 6,.City of Pickering, gionalMunicipalityofDurharn1n the.Province of Ontario.. The Landlord has agreed to provide the lands (herein 'called the'Premisesn) to theTenant in an -"asig" condition. a§of the Cornmencement Date: The Tenanthasagreecl toaccept the Premises in such .conclition; TO HAVE.ANO TO HOLD the Lands for and during theterm, (herein called the "Term"), of five (5) years Ohinimenting on January 1,2014, (herein called the Cornmencement Date") and ending:on December ,31, 2018, :unless terMinated earlier pursuant tothe provisions Of . this Lease. YapINGANp PAYING therefor, cluringthe first year of theterro the sum of $6,161.48 per annumt MIA -HSI -Of $80099 for a total of $5,962.47, commending on January 1, 2014, in laWfuttnoney of Canada tO the: La ndlord, OntariciInfrastructure and Lands Co tooratiOn. c/o, DEL ManagernentSolutrons Inc „310 liwy#7,..Green River; R.R. 1, Locust Hill, Ontario, LOH 31.30, or at such .other place as the Landlord shell hereafter.designate in writing'. *The Rent payable under this tease for the -first year is comprised of rent for each effective reat a rate. of PRA) per -acre as more particularly set Out in Schedule ".13" attached hereto.. It is agre.edarittunderStOocl that, exceptas expresSly set out in this Leese; the Tenaotshall not be required to pay any -Rent or other costs associated with the 'Tenant's occupancy of any non port' on. ofthe Lands. IftheTerrn cornMences on any dayoth er than the first Or ends On :any day Other:than the last dayof. a rhOrith,. rent (herein called the "Rent") for the fractions of a month at thecommencement and at the. end Of the Term shall be adjusted pro rata. INTENT OF PARTIES a) 1t S the intent ofthepartiesthat, exceptasexpresSly herein set:out, this Lease shall be absolutely net. to the Landliord and the -Landlord Shall not be respOnsiblefOr any expenses or obligations of any kind Whatsoever in respect of, lir attributable to, the Lands; and • b) 1tisgreed andunderstood that this Lease is•deemed to not be a residential lease arid . thatthe proVisions of -the Residential Te.nanclesAct, 2006 or anysuccessoi-to, and •any other legislatiOn applicable to residential tenancies in Ontario, shall notapply to:This:Lease. 2, TENANTS COVENANTS The Tenant covenants with the Landlord as follows: • PAY RENT 1. To pay Rent in accordance with the provisions of this Lease, TAXES 2. a) If, as a result of .a special assessment of the Premises due to any additions or improvements to the Premises by the Tenant or resulting from the Tenant's use and/or UTILITIES occupation of the premises, ,the assessed value of the Premises increases, to pay to the Landlord Within thirty (30) days of receipt of notice therefor, an amount, either in one lump sum or in. installments as may be determined by the Landlord, equal to the :difference between .the assessed value of the Premises following such additions, improvements, use and/or occupation of the premises and the assessed value of the Premises prior to such additions or improvements and use andJor occupation of the premises; and b) To pay to the Landlord an amount equal to any and all goods and services taxes, sales taxes, value added taxes, business transfer taxes, or any other taxes with respect to Rent payable by the Tenant to the Landlord under this Lease, or in respect to' the rental of space under this Lease, whether characterized as a goods and services tax, sales tax, value added'tax, business transfer tax, or otherwise (herein called "Sales Taxes"). The amount of the Sales Taxes payable by the Tenant shall be paid to the Landlord atthe same time as the arrrounts to which Sales Taxes apply are payable to the Landlord under the terms of this Lease or upon demand at such other time or times as the Landlord from time to time determines: NotWithstanding any other provision in this Lease, the amount payable by the Tenant under this Tenant's Covenant 2(b) shall be deemed not to be Rent, but the Landlord shall have' all of the same remedies and rights of recovery of such amount as it has for recovery of Rent under this Lease. a) To pay all charges for all fuel and electricity used or consumed on the Premises; and b) To pay all charges for water used or consumed on the Premises, provided that the water supply system serving the Premises is hooked up to a municipal water system. USE OF PREMISES 4. a) To use the Premises for the purpose of the operation of a farm, and for no other or improper purpose, and b) Not to change the type of use permitted under Tenant's Covenant 4(a) of this Lease without the prior written consent of the Landlord, which consent may be unreasonably withheld; and , c) To ensure that the Tenants use of the Premises is subject to any Landlord's rules and regulations in place from time to time as per Schedule "D" attached hereto. REPAIRS 5. To maintain the Land, at the Tenant's expense in good repair and tenantable condition throughout the Term, and to perform all other :repairs that are not the express responsibility of the Landlord hereunder, and make good any defect or want of repair and/or replacement promptly upon receipt of written notice thereof from the Landlord; and ENTRY BY LANDLORD 6, a) To:permit the Landlord, its servants or agents, to enter upon the Premises at any reasonable time throughout the Term for the purpose of either inspecting or making repairs, alterations or improvements to the Premises; and b) To permit the _Landlord, its servants or agents, to enter upon the Premises at any reasonable time throughout the Term forthe:purpose of inspecting, investigating, testing, surveying or any other activity relating to;the improvement or development of the premises including the management of wood lots, the harvetin and sale of firewood and *timber and the removal and sale oftopsoil, stone, gravel, oil, gas or minerals (together herein called' the "Natural Resources".); and c). The Landlord shall not be liable or responsible: in any way to the Tenant for any act, fault, breach or omission of the Landlord, its servants and agents or for any occurrence, or for any cause•Whatsoever, as a result of any entry by the Landlord under this Tenant's Covenant 6, except that the:Landlord:shalt compensate the Tenant, in accordancewith the provisions of Schedule "C" attached hereto, for any damage to the Tenants crops resulting from such entry by the Landlord; and d) It is further agreed and understood that such entry by the Landlord Shall. 'not ,be deemed to be a re-entry pursuant to Proviso 10 of this Lease. COMPENSATION FOR DAMAGE 7. To make good or compensate the Landlord for any damage to the Premises caused by the negligent, reckless or wilful conduct of the Tenantssenrants, agents, employees, licensees or invitees. NOTICE OF DEFECT S. To give the Landlord immediate .notice of any accident 'to or defect in the water system,_ electrical system, heating; ventilating. and air-conditioning sysm or :any other system .serving the Premises which the Landlord is obligated to repair. ASSIGN OR SUBLET 9. Not to assign this Lease or sublet the whole or any part of the Premises or mortgage, pledge, charge or otherwise encumber this Lease or the Premises or any part thereof • (herein collectively called a "Transfer') without the prior written consent of th:e Landlord, which.consentmaybe unreasonably withheld. The Landlord shall, within thirty:(30) days after receipt o1 notice from the Tenant of its'req nest for.consent to a Transfer accompanied by .all such information, -materials and documentation .as :the. Landlord shall reasonably require in order to make -a -decision regarding such request for consent,-notifythe Tenant in: writing either: a)• That .it consents or does not consent to the Transfer requested by the Tenant hereunder; or b). That it elects to'terminatethis:Lease in preference to giving orrefusing itsconsentto such Transfer. Willa Landlord elects to terminate this Lease, the Term -and the tenancy Hereby created shall expire, without liability to the Landlord, on the ninetieth (90th) day after such notice is. given, and the Teriantshall, within such ninety (90) dayperibd, vacate the Premises -and surrender them to the Landlord with the": Landlord; having the right to re- enter and repossess the Premises discharged of this Lease and to expel all persons and remove all property therefrom. All Rent shall be due and payable by the Tenant without reduction or abatement until such expiration date. The foregoing shall be subject to the exception' that the Tenant May, by notice: delivered tpthe Landlord within fifteen i(1.5) days after receipt from' the :Landlord of a notice ofterniinatioh pursuant to the provisions of this Tenant's Covenant 9; elect to .continue this Lease: as to all of the Premises and not.to. assign or sublet, in"Which event such notice of termination shall be void.. NOT TO AFFECT INSURANCE 10. a) :Not to do or omit, orperrnit to be tione:or.omitted, on the Premises anything which shall cause the rate of insurance upon :the Buildings to be. increased and if the rate of insurance upon the Buildings shall be increased by'reason of anything done oroniitted, or permitted to be done or omitted bythe Tenant, or anyone permitted bythe Tenantto be upon -the Premises,, the Tenantshall, on demand, pay to the Landlord the amount of such increase; and b) To permit.the Landlord, its servants or agents, to enter upon "the Premises at any reasonable tirriethroughouttheT-erm to removeanyarbcleor remedyany:conditionwhich, in the opinion of the Landlord, acting reasonably,. leads or -would be likely to lead to the cancellation of any policy of insurance as carried by the Landlord, provided that such entry by the Landlord shall not be deemed to be a re-entry pursuant to Proviso 1-13.0f this Lease and further provided that the Landlord, when exercising its rights of entry under this Tenant's Covenant 10(b), --Shall use its best-efforts to: minimize any interference with the Tenant's:use and enjoyment of the Premises. TENANTS COMPLIANCE W1TH LAWS 11, To comply with all provisionsof law including, without limitation, all federal and provincial legislative. enactments, municipal zoning and:building by-lawsand any federal, provincial or municipal regulations -which relate -to the Tenants use .oroccupatioh .ofthe Premises: or to the making of any repairs, replacements, additions, changes, substitutions- or improvements that relate to such use or occupation by the. Tenant, including, without limitation, the require.mentto keep the Premises clear of noxious weeds in accordance with the provisions.of the Weed Control Act, R.S.O. 19.90,:c.W.5, as.amended,.oranysuccessor act. ANIMALS 12. To contain, confine and control any livestock. or other animals of, or in the,caresof;-the Tenants at all times throughbut the Term, and to maintain, at the Tenant s'eXpens , ,any-: fences and enclosures required for such purpose, and to ensure that all such'livestock-or other animals are cared for and treated in accordance with :the minimum standards.': required by all applicable requirements of any relevant Authority, including, -.without. :limitation, :the provisions ofthe Ontario Society for .the Prevention of.Cruelt sto.Aoimals Act, R.S.O. 1990, c..0.36, as amended, :or any successor act. ACCESS 13, To keep any lanes, roadways or yards serving the Premises :open at all limes to permit vehicular ingress aand egress for all persons.entitled thereto, including, without limitation, ,all, rights of way running over the Lands, whether ornot registered on title, In piace for the benefit of owners and .users Of -lands adjacent to or nearby the Lands. WASTE 14, a) Not to permit any waste, damage, •disfiguration or injury to the Premises or to the fixtures and equipment of the Buildings or any overloading of the fioors of the Buildings; and b) To ensure. the .prompt disposal of all waste accumulated in any portable sewage systerri located. on, or serving the Premises, as would a reasonably prudent owner of similar lands. NUISANCE 15. Not to use or permit the use of any part of -the Premises for any dangerous, noxious or offensive trade or business or cause or permit any nuisance in, at or on the Premises. TENANT'S INDEMNITY 16. To indemnify and save harmless, the Landlord against and from any and all •claims, including, without limitation, all claims for bodily injury or property damage arising from the conduct of any work or by or through any act or omission of the Tenant or any assignee, subtenant; agent, contractor,servant, ernployee; invitee or licensee of the Tenant, and against and from all costs, counsel fees, expenses and liabilities incurred inor about: any such claim or any action or proceeding "brought thereon. EXHIBITING PREMISES 17, To permit the Landlord, its servants or agent, to exhibit the Premises to prospective tenants at any reasonable time during the last six (6) months of the Term, and, if so required by the Landlord to permit the :Landlord to erect such signs on the Premises advertising the :Premises for rent at any time during .such portion of the Term, as the Landlord may deem appropriate. CONSTRUCTION LIEN 18. Not to suffer or permit during the Term any construction liens or other liens for work, labour; services or materiais ordered by the Tenant or for the cost of which the Tenant may be in any wayobllgated, to attach to the Premises and that whenever any such liens. shall attach or claims therefore shall be filed, the Tenant shall, within five (5) days after the Tenant has notice of the claim or lien, procure the discharge thereof by payment or by giving security or in such other manner as is or may be required or permitted bylaw. The Tenantfurthercovenants that whenever and so often as a certificate of action is registered relating to any of the diens referred to in this Tenant's Covenant 18, the Tenant shall, within ten (10) days after the Tenant has notice of the registration of such certificate of action, have the same Vacated, AUTO STORAGE 19. Not to store or house, or permit the storage or housing of., any automobiles, trucks, tractors orother equipment having internal-combustion engin.es:in any Building otherthan those Buildings specifically designated for such purpose. NATURAL RESOURCES 20. To safeguard and protect all Natural Resources on the Premises 'in their natural state, including providing fencing Where necessary to restrain persons or doniestic:animals from any use or trespass thereon, and not to remove or permit the removal of Natural Resources from the Premises without the prior written consent of the Landlord, including, without limitation, the: cutting of any trees. FALL PLOUGHING 21. In -the event that this Lease is cancelled by the Landlord or the Tenantpursuant to Proviso 12 of this Lease,'. to permit, upon receipt of written notification from the Landlord, access to the Premises for the purpose of fall:ploughing byfuture tenants of the Premises, providing that such access :does not occur until .after the conclusion of .the. harvest season, the duration of such season tobe determined by the Landlord, acting reasonably. PEST CONTROL 22. To spray the Premises where required with pesticides, as would a .reasonably'prtudent owner of a similar farm operation, in accordance with the requirements of anyAuthority„ including, without limitation, the Pesticides Act, R.S.O. 1990, c.P.11, as amended, orany :"- successor act. INSURANCE 23. a) To obtain and maintain, at the Tenants expense, throughout the Ternn.:and,any renewal thereof: i) "All perils" insurance on the full replacement cost thereof, insuring alt:property. of the Tenant, property for which the Tenantis legally liable or property installed by the landlord on behalf of the Tenant, including -any improvements, alterationsor additions of the Tenant; and ii) Comprehensive general liability insurance written on a comprehensive :basis with inclusive limits of not less than Two Million Dollars ($2,00.0,000..00) per occurrence, orsuch.hi,gher limits as the Landlord may reasonably require from time to time; and b) All of the foregoing insurancepolicies shall contain provisions for cross -liability and shall be taken out and kept in full force and effect in the names of the Landlord and the Tenant, as their respective interests may appear. All of the policies shall contain an undertaking by the insurers to notify the. Landlord in writing not less than thirty (30) days prior to any material change, cancellation or termination. The Tenant agrees to deliver certificates .of insurance issued by the insurance underwriter or, if requested by the Landlord, complete certified copies of policies of insurance to .the .Landlord within thirty (30.) days after the placing of the required insurance. ENVIRONMENTAL CONTAMI- NANTS. 24. .a) To use its continuing effort throughout the.Term and any renewal thereofto ensure that no part of the Premises is used, without limitation, to generate, manufacture, refiner treat, transport; store, handle, dispose of, transfer or produce any Environmental Contaminant(."Environmental .Contaminant' includes any hazardous or toxic substances or • materials, including, without limitation,, products of waste, contaminants, pollutant, dangerous substances, 'noxious. substances, toxic substances, hazardous' wastes, flammable, explosive or improperly handled friable materials including asbestos, PCBs and substances or any:other materials declaredor defined to behazardous, toxic, contaminant or pollutant in or pursuantto any law of any authority), except if required in the Tenant's use of the Premises, and then only in strict :compliance with all' applicable laws of any relevant authority, including, without limitation, entironmental, land use, .occupational health and safety laws, regulations, requirements, 'permits and by-laws;. and b) To notify the Landlord immediately in the event that the Tenant receives notice of any violation of any environmental law orthat any order of an .administrative tribunal or any authority is made or is proposed to be made against the Tenant in respect of any Environmental Contaminarit in, on or near the Preniises, and to notify the Landlord irnrnediatelyof any discharge,_release or discovery• ofany Environmental Contaminantin or on any part of the Premises; and c) It is agreed and understood .that .any Environmental Contaminant approved for use for farming purposes by Agriculture .Canada or any other relevant authority shall be excluded from the requirements of this Tenants. Covenant 24, provided that the useof such Environmental Contaminant on the Premises. is approved of in writing in advance by the Landlord, such approval not to be unreasonably withheld, and further provided .that such use is to be for the sole purpose of operating a farm underthe terms and conditions of this Lease. 3. LANDLORD'S COVENANTS The Landlord covenants with the Tenant as follows: QUIET ENJOYMENT 1. For quiet enjoyment. REALTY TAXES 2. To pay,. subjectto.the provisions of Tenant's Covenant2(a), all taxes (including any grants in .lieu of taxes,as applicable) and rates whether municipal, parliamentary or otherwise, levied against the Premises, or against the Landlord on account thereof, REPAIR 3. Not applicable LANDLORD'S INDEMNITY 4. To indemnify and save harmless theTenantagainstand from anyand all claims= including; withoutiimitation, all claims for bodily injury or.property damage arising froth the conduct of any work or by or through any act or omission of the Landlord .or any assignee, sublandlord,agent, contractor, servant, employee, invitee or licensee of the{Landlord and against and from all costs, counsel fees, expenses and liabilities incurred in oraboutariy such claim or.any-action or proceeding. brought thereon, save and except'for anydaniage. arising from the negligent act or omission of the Tenant or those for whom theTenant is, in law, responsible. LANDLORD'S COMPLIANCE • WITH LAWS 5. To comply With all provisions of law including, without limitation, all federal and provincial legislative enactments, municipal zoning and building by-laws and any federal, provincial or municipal regulations which relate to the Premises or to the use or occupationthereof or to the making of any repairs, replacements, additions, changes, substitutions or improvements of or to the Premises or any part: thereof. INSURANCE ACKNOWLEDGE- MENT 6. SUPPLY OF WATER :MAINTENANCE OF RIGHTS .OF WAY 4. The Tenant acknowledges that the Landlord in respect of damage to the Premises is self insured and in respect of third party liability maintains a comprehensive blanket policy of insurance, and, therefore, shall not require the Landlord to obtain any additional insurance. 7. Where the water supply system serving the Premises is hooked up to a municipal water system or well and will be maintained at the Tenant's expense, pursuant to Tenant's Covenant 5, reasonable wear and tear excepted. 8. To maintain all rights of way and other roadways located on lands owned by the. Landlord adjacent to the Lands in good repair and operable condition throughout the Term and any renewal' thereof, to ensure that' the Tenant, its servants, agents, employees, licensees and invitees, shall be provided with satisfactory access• to the Premises in common with all others entitled to the use thereof. PROVISOS LANDLORD'S DEVELOPMENT RIGHTS 1. PERSONAL PROPERTY OVERHOLDING FDCiURES The Landlord shall have the right to improve and develop the Premises, including the management of Natural Resources, at any time throughout the Term. The Landlord's rights under this Proviso 1 include, without limitation; the right to grant easements and rights of way over the Premises, provided that the Landlord shall compensate the Tenant for all damage to crops suffered by the Tenant resulting from the exercise of the Landlord's rights under this Proviso 1, in accordance with the provisions of Schedule "C" attached hereto. The Tenant covenants to cooperate with the Landlord to the extentrequired by the Landlord in respect of the Landlord's granting of easements and rights-of-way as contemplated under this Proviso 1, including, without limitation, giving a partial surrender of this Lease with respect to the portion of the Premises _affected by the grant of any such easements and rights-of-way. 2. a) Ali personal property of the Tenant of any kind or description whatsoever, stored or otherwise located on the .Premises, shall remain on the Premises at the sole risk of the Tenant and the Landlord shall not be liable for any claims resulting from damage to, or loss of, such personal property; and b) All personal property of any kind or description left on the Premises as of the date of termination of this Lease, whether by passage of time or otherwise, shall be deemed to have been abandoned by the Tenant unless prior written arrangements have been made between the parties. The Landlord has the right to dispose of any :such abandoned personal .property without notice or compensation to the Tenant, and the Landlord shall be entitled to recover from the Tenant its reasonable costs of disposing of such abandoned personal property. 3. If the Tenant, with the consent of the Landlord, remains in possession of the Prerriises after the date fixed for the expiration of the Term or any renewal thereof without any further written agreement, the Tenant shall be deemed to be a tenant from fih'oritli4o month at the monthly rental reserved by this Lease and otherwise on 'the terms, and conditions contained in this Lease except as to length of tenancy. 4. a) The Tenant may, at any time during the Term or any renewal thereof, remove any fixtures installed by it on the Premises; and b) The Tenant will compensate the Landlord for any damage caused to the Premises by such removal. ' UNAVOIDABLE • DELAYS :5 :RIGHT OF WAY 6: ALTERATIONS 7. NOTICE OF ALTERA 1IQNS 8. REMOVALOF Al-TERATIQNS: 9. D.EF4ULT In the event that -the Landlord pr the.Tenant shall be•delayed or hindered in or prevented from the performance of any act required: hereunder by reason of strikes:, lockouts, labour .trouble, •civil commotion, riots, insurrection, war, inability to procure tabour, materials or services; actsof.God, weather, ,power.feilures, restrictive laws or regulations or any other .reason beyond the reasonable control of the Landlord or the Tenant, es the case may be, then performance of such act shall be excused for the period of the delay .and the time allotted for the performance ofany:such act.shall be extended for a period of timeequai•to the.period of such delay: If the Premises are now or hereafter served by any alley, easement or right -of way,, the Tenant, her servants, agents; employees,. licensees :and invitees shall have 'full .right of ingress:and egress over such alley, easement or right-of-way in common with all .others entitled thereto. The Tenant may, at its own expense, make such alterations, additions:and.irnprovetnents to the: Premises as it may consider necessary from time•to time. during •the Term subject to the .prior written consent of the Landlord. No alterations.shall be made to the frame or permanent structure of the 13uildings;.and no 'contour changes or other changes to the grading or level shall be made tothe Lands. The Tenant shall give the Landlord notice of itsantention to -ma ke.alterations, additions or. .improvements to the.Prerriises and, upon request, shall supply the 'Landlord with plans of the. proposed alterations, :additions or improvements. • -a) The Tenant: may, at its option, remove anyalterations, additions or improvements. made by it.in the Premises; and b:) The Tenant will compensate the Landlord for any damage caused to the Premises by the removal of such alterations, additions or improvements. 1A,. a) Each of the:following shall be en event of default of the Tenant: 1) Whenever the Tenant defaults on the payment of'any Rent and such default continues for fifteen (15) days -after notice to the Tenant df. such :default; or 11) Whenever the Tenant defaults on the performance of any of its .obligations under this Lease; or. If the Tenant.is adjudicated to be insolvent or makes an assignment for the benefit of creditors or in bankruptcy oris declared 'ban krupt, Or takes the benefit of .any legislation in:force for bankrupt pr insolvent debtors. or. -if any proceedings are taken by :or against the. Tenant under any winding -up legislation; :or if the Tenant makes or attempts to make a sale in bulk of any of its assets, wherever situated; Other than a bulk•saie made: to a transferee permitted under Tenants :Covenant9 of thisLease; or iv) If the Tenant vacates• or abandons or 'attempts to vacate or abandon the Premises or any portion thereof (which .does not include temporary vacancy or.non- use for a longer period, where necessary to accommodate the tarrying out of renovations on the.Premises). b) Upon any event of:default of the Tenant as' further provided in Proviso 10(a), in addition to any other remedy which the Landlord may have by this Lease or at law or in equity, the Landlord :may, at its option: 1) re-enter :and :take possession of the Premises and the Term shall.be,foifeited• and void in such event; and/or 11) enter the Premises as agent of the Tenant, .either by force or otherwise,_:• Without being liable for any prosecution therefor and without being deemed tAhave terminated this Lease, and re -let the Premises or:any part thereof as theagentof the Tenant, and receive the rent therefor to be applied on account of the Rent; :and/or ill) exercise :its right of distress and the Tenant hereby waives any present or future limitation on the Landlord's right of distress. In event that the Landlord chooses to exercise its remedies under this .Proviso 10, the Landlord may, in addition to any other rights or remedies it has pursuant to this Lease or at law,. expel all persons and remove all property from the Premises and that such property may, at the Landlord's option, be removed and sold or disposed of by the Landlord by public auction or otherwise, :and either in .bulk ix by individual item, or as the Landlord in its sole discretion niay decide, and the Tenant agrees that the proceeds of such sale or disposition shall be applied by the Landlord firstly, to the payment of any indebtedness other than Rent due hereunder from the Tenant to the Landlord; and secondly, to the payment of Rent due and unpaid hereunder. TENANTS DEFAULT 11. If the Tenant defaults in the observance or performance of any of its covenants or agreements contained in this Lease, the Landlord may, at its option and upon such reasonable notice as the circumstances warrant, remedy such default and deduct the reasonable cost of such action from the Rent. CANCELLATION 12. a) The Landlord shall have the rightto cancel this Lease or to reduce the acreage of the Lands leased under this Lease at any time during the Term by giving the Tenant not less than six (6) months prior written notice of cancellation or reduction, as the .case may be, provided that the effective elate of such "cancellation or reduction shall be at any time between September 30th and March 31st of the following calendar year and further provided that, in the case of cancellation by the Landlord, the Tenant shall deliver vacant possession of the Premises on or before the effective date of such cancellation. In the event that the Landlord decides to reduce the tillable acreage of the Lands, the Rent shall be reduced on a pro rata basis as of the effective date ofsuch cancellation and the Tenant will be compensated for any of crops resulting from such reduction of tillable acreage in accordance with Schedule "C" attached hereto. In the event that the Landlord sells, conveys or otherwise transfers its interestin the Premises, the Landlord's successor. in title shall have all the rights and obligations of the Landlord under this Lease, including the right to cancel this Lease or reduce the area of the Lands leased hereunder, as further provided for in this,Proviso 12, and b) The Tenant shall have the right to cancel this Lease at any time during the Term by giving the Landlord no less than six (6) months prior written notice, provided that the Landlord receives prior written notice of such cancellation from the Tenant on or before September 1st of any :calendar year and further provided that the effective date of cancellation of this Lease pursuant to such notice accompanied by the provision by the Tenant of vacant possession of the Premises shall be any time between December 1st of the same calendar year and March 31st of the following calendar year, unless .otherwise agreed by the Landlord, and .) During an Overhold period, the Tenant will be deemed a monthly tenant and the ndlord or the Tenant shall have the right to cancel the tenancy of the Lands leased Under this Lease at any time by giving not less than, thirty (30) days prior written notice of cancellation or reduction, pursuant to Commercial Tenancies Act. NON -LIABILITY OF LANDLORD 13 The Landlord shall not, in any way whatsoever, be liable or responsible in any way for any personal injury or death that may be suffered or sustained by the Tenant or any employee of the Tenant or any other person who may be upon the :Premises or for any :loss of or damage or injury to any goods or chattels whatsoever belonging to the Tenant or his employees or to any other person while such goods and •Chattels :are on the Premises, and, for greatercertainty and without limitation, the Landlord shall not be liable for damage to any .goads and chattels caused by steam, water or snow which may leak into, issue or flow from any part -of the Buildings orfrom the water, stearri, sprinkler or :drainage pipes or plumbing works:of the Buildings orfrom any other place or any otheradjacent lands or for any other damage caused by, or attributable .to, the condition or arrangement of any electrical or other wiring comprising any electrical systems serving the Premises.: NON -WAIVER 14 No condoning, excusing or overlooking by the Landlord or Tenant of any defaulti;breach:or non -observance by the Tenant or the Landlord at any time or times in respect cif 'any covenant, proviso or condition herein contained: shall operate as a waiverofthe Landlord's or the Tenant's rights hereunder in respect of any continuing:or subsequent defaults brreach or non -observance, or so as to defeat or affect in any way the rights of the Landlord or•:the Tenant herein in respect ofany such continuing or subsequent default or breath, and no waiver shall be inferred from orimplied by anything done or omitted by the Landlord or the Tenant, save only an express waiver in writing. NOTICES ENTIRE AGREEMENT REGISTRATION SEVERIBILIiY INTERPRE- TATION 15. Any notice required or contemplated by any provision of this.Lease shall be given in writing enclosed in a sealed envelopeaddressed in the case of notice to the. Landlord, Ontario Infrastructure and Lands Corporation in care of DEL Management Solutions :Inc., 310 Highway 7, Locust Hill, Ontario L0H 110 and in the case of notice to the Tenant to the address shown on the first page;andmailed, faxed, by courier and/or registered and postage prepaid. The time of giving of such :notice shall be -conclusively deemed to be the third business day after the day of such mailing. Such notice shall also be sufficiently given if and when the same shall be delivered, in the case of notice to the Landlord to an authorized legal agent and, in the case of notice to the Tenantto an executive officer of the Tenant at the above -noted addresses. Such notice; if personally delivered, shall be conclusivelydeemedto have been given and received at the time of such delivery. 16.. The Tenant and the Landlord acknowledges that there are no covenants, representations, warranties, agreements or conditions, expressed or implied, collateral or otherwise, forming part of or in any way affecting or relating to this Lease save as expressly set out in this Lease and that this Lease constitutes the entire agreement betweeh the Landlord and the Tenant and may not be modified except as herein explicitly provided or except by subsequent. agreement in writing of equal formalityhereto executed by the Landlord and the Tenant. Schedules "A", "B'', "C" and "D" attached hereto form part of this Lease. 17.. The Tenant may, at its option and at its sole cost and expense,register a notice of this Lease in the applicable Land Registry Office, provided that the form of such notice shall be subject to the priorwritten approval of the Landlord. 18. The Landlord and the Tenant agree that all of the provisions.of this Lease are to be construed as covenants and agreements as though the words importing such covenants and agreements Were used in each separate paragraph hereof.. Should any,provision or provisions of this Lease be illegal or not enforceable, it or they shall be considered separate end severable .from this Lease and its remaining provisions shall remain in force and be binding -won the parties:hereto, asthoughthe said provision or provisions had neverbeen included. 19. The words "herein", "hereof, "hereby", "hereunder", "hereto", "hereinafter", and similar expressions refer to this Lease and not to any particular paragraph, section or other portion thereof, unless there is something in the subject matter or context inconsistent therewith. HEADINGS AND CAPTIONS 20: The headings and captions appearing in the margin of. this Lease have been inserted as a matter of convenience and for reference only and in no way define, limit .orenlarge the scope or meaning of this Lease nor any of the provisions hereof, EFFECT OF LEASE 21. This Lease and everything herein contained shall operate to the benefit of any, and be binding upon, respective:successors, assigns and other legal representatives as the case may be .of each of the parties hereto subject to the granting of consent by the=Landlord.as provided herein to any assignment or sublease, and every reference herein to any party hereto shall include the successors, assigns and other legal representatives of such party. LAWS OF ONTARIO 22. BINDING ON LANDLORD 23. FREEDOM OF INFORMATION This -Lease shall' be governed and -construed in accordance with the laws of the Province of Ontario, This Lease shall not be binding upon the Landlord until it has been .executed by_the Ontario Infrastructure and Lands Corporation, acting as agent on behalf of Her Majesty. the, Queen,: in right of Ontario as represented by the 'Minister of Infrastructure. • 24, The Landlord, having a responsibility under the Freedom .of Information and Protedtion df Privacy.Act, R.S.O,.1990, c.F.31, as amended, or any successoract, is hereby grantedthe permission and authority by the Tenant to release a copy of this Lease, or any'portion thereof, upon the request of the Information and Privacy Commissioner. THE REMAINDER OF THIS PAGE IS. INTENTIONALLY LEFT BLANK SIGNED, SEALED AND DELIVERED in the presence of: EXECUTED BY the Tenant. on this L2- day of Peri( ,2013 .► ' _ WA- Per: 1) '1 D lA9 Witness Sign. ture HARRY VALE 4tELNie:k Print Witness ame SIGNED, SEALED AND DELIVERED EXECUTED BY the Landlord on this 3l day of i , 2013 HER MAJESTY THE QUEEN, IN RIGHT OF ONTARIO, AS REPRESENTED BY THE MINISTER OF INFRASTRUCTURE, AS REPRESENTED BY ONTARIO INFRASTRUCTURE AND LANDS CORPORATION Per: i 564-4A1v77-14" ...1.11ce-President, Asset Management Central Region Fr/1' Authorized Signing Officer t SCHEDULE "A" • Lease ID: M73356 F116 ID: P664 RenWI Unit ID: A71038 Part of Lot 33, Concession .City af Pickering, Regional Municipality of. Durham. and containing approximately 75,14 effective acres in an area containing a .total of approximately 102,656 acres or less and hown hatched in blue .on.the map bdOw. SCHEDULE "B" Lease ID: M73356 File ID: P664 Rental Unit ID: A71038 RENT: JANUARY 1, 2014 TO DECEMBER 31, 2014 Land $513.46 per month plus HST of $66.75 for a monthly total of $580.21 (75.14 effective acres at a rate of $82.00 per acres) MONTHLY RENT EFFECTIVE JANUARY 1, 2014: $580.21 RENT: JANUARY 1, 2015 TO DECEMBER 31, 2015 (with a 3% increase over prior year) Land $528.86 per month plus HST of $68.75 for a monthly total of $597.61 MONTHLY RENT EFFECTIVE: JANUARY 1, 2015: $597.61 RENT: 3ANUARY 1, 2016 TO DECEMBER 31, 2016 (with a 3% increase over prior year) Land $544.73 per month plus HST of $70.81 for a :monthly total of $615.54 MONTHLY RENT EFFECTIVE JANUARY 1, 2016: $615.54 RENT: JANUARY 1, 2017 TO DECEMBER 31, 2017 .(with a 3% increase over prior year) Land $561,07 per month. plus HST of $72.94 for a monthly total of $634.01 MONTHLY RENT EFFECTIVE JANUARY 1, 2017: $634.01 RENT: JANUARY 1, 2018 TO DECEMBER 31, 2018 (with a 3% increase over prior year) Land $577.90 per month plus HST of $75.13 for a monthly total of $653.03 MONTHLY RENT EFFECTIVE JANUARY 1, 2018: $653.03 SCHEDULE"C" COMPENSATION FOR CROP DAMAGE Where crops have been damaged by the Landlord, her servants or agents or any other person or persons authorized byte Landlord, damages shalt be paid for any cultivated crop on the following basis: For each acre of damaged. crop, an amount equal to the returns of one hundred (100) .bushels of Ontario No. 2 yellow corn af:: a price per bushel quoted in The Globe and Mail newspaper on the date the damage was: incun-ed, SCHEDULE"D" DEFINITION OF A FARM A property that is presently being used for, or is capable of, growing forages, field crops or the pasturing of livestock which is eligible for assessment as Farm Land under the Assessment Act, and the Tenant possessing a current and valid Farm Business Registration number. RULES OF GOOD FARM PRACTICE 1. The Tenant agrees to carry out proper cultivation practices in compliance with recognized crop production methods. 2. All manure shall be promptly removed from the immediate barn area and shall not be placed or be permitted to tie against the walls of any buildings on the said 'property. 3. Areas under cultivation must be tilled and fertilized annually and shall be seeded down in a good and workmanlike manner with a mixture of, legumes and grasses equivalent to the current ':Feld Crop Recommendations for Ontario" published by the Ministry of Agriculture and Food. Crops shall be rotated as required in accordance with recognized standards so as to prevent impoverishment or depreciation of the soil's productivity. 4. All straw and manure arising out of the farm operations must be utilized in fertilizing the areas under cultivation or grazing in each and every year of the lease, including the last year. It must not be removed from the property or otherwise disposed of without the approval of the landlord in writing. 5. Commercial fertilizer shall be applied in all seeding including intertilled crops and the Landlord shall have the right to require the application of adequate quantities of commercial fertilizer as indicated by soil analysis. 6. The responsibility for control of noxious weeds as laid down in the Weed Control Act of Ontario shall rest upon the Tenant and the Landlord shall have the right to have the weeds destroyed at the expense of the Tenant. 7. All seed grain sown shall be of a quality equivalent to or better than the "Commercial" grade as defined by the Seeds Act, Canada Department of Agriculture. 8. AU orchard, fruit, shade or ornamental trees on the property shall be carefully pruned and cared for as often as they may require it and protected from horses, cattle or sheep, 9. All woodlots, beaver or muskrat swamps, watersheds, ponds nr springs shall be preserved in their natural state and where necessary fenced to restrain persons or domestic animals from use and trespass thereon. 10. The Tenant shall keep all underdrains, ditches or watercourses open and free from obstructions and in good running order and the Tenant shall exercise normal erosion control. 11. The Tenant agrees that the number of head of livestock kept on the property shall at all times be in proper relationship to the acreages cropped and/or grazed. (i.s://10.ro. - services.cbre.opm 1.877,5904509g , • - •• - ipkettsVsel,ejaVitratiiiii ••?'Ontario Infrastructure Ontario PionertyServices :8arvicesrde gestion Witrimeubles DEL Management Solutions Z10 'Highway 7, RR 1 Locust Hill,. ON 1.0H 1J9 .905,472 73130 Tel 405 4722784 Fax July 17, 2017 Mr, 'Harry Vale 30 Roy Harper Avenue • Aurora, ON L4'01/4 1•••••;1•1118 *SY. 4W -4U 4.21liar*Y1411*.•.- CBRE.Lirnited 10 -Rropeity and Land iVlanagement,ServIces 18-K.Irig Street East, State 1100 Toronto; ON M5C1C4 1:04I,Sitt Clotypi ATTACHMENT& TO REPORT# LE:61 ..f. , Dear Mr: Vale: RE: 'Partial Assignment.of Lease by Landlord Part of Lot 33, Concession. 6, City of Pidcering Rental Unit: A71038 File ID:- P664 • Lease ID; M73356 .Please be :advised that. the Landlord,- Ontario InfrastructUre and Lands Corporation CIO") has sold 'a portion of your leased property to The .Corporation of the City of Pickering (the I'City") and therefore a portion -of your lease (50.7 total acres with 4.5..78. effective .acres) was: assigned fo the City, as shown shaded ingold and hatched in black the enclosed map. .PleaSe find enclosed a Notice of a :Partial Assignment of Leate-(the "Notice") by. Landlord for -the above mentioned property; • In addition to the Notice, .enclosed you .will .find. tWo: scheduleSsdetailirig your rental payments. One schedule details the rental payments thatare payable to the sCity and the other details. thepayments that are still payable to 10. Since your rent has been paid Until December 31, 2017, effective January 1, 2018, your rental payment. to 10 will be $1.89:93 per month and your payment to the City will be $38.28 per month. .please review the enclosed Notice and. rent .schedules and if further:information: is reqUired; :please :contact the undersigned at 905-472-7300 extension 228: ?ours truly, 'DEL Management Solutions Inc. Donna _M. Kerr Senior Property Manager 'Encl: Four (4) Paul .Bigioni, City Of Pickering NOTICE OF PARTIAL ASSIGNMENT OF LEASE BY LANDLORD TO: Harry Vale (the "Tenant") 30 Roy Harper Avenue Aurora, ON L4G 0V4 Reference: M73356, A71038, S664 ONTARIO. INFRASTRUCTURE AND. LANDS CORPORATION. (the "Landlord") hereby gives notice that by a Partial Assignment of Lease, with respect to the lease dated .the 18th day of April, 2013 and made between' the Landlord and the Tenants (the "Lease"), and under which the Tenant holds certain lands and premises as .identified in the Lease and on the terms and conditions contained in such Lease, the Landlord has assigned all rights and obligations of the Landlord under the Lease to The Corporation of the City of Pickering. This Notice constitutes a direction to pay a .portion of the rent (as detailed in the attached 'schedules) henceforth due under the said lease to the Corporation of the City of Pickering at: The Corporation of the City of Pickering Legal Services One The Esplanade Pickering, ON L1V 6K7. ATTENTION: Paul Bigio.ni commencing with the rent due on the 1st day of September, 2017, and 'for so doing this shall be your good and.sufficient authority. All other .lease related. inquiries including requests for maintenance (where applicable) can be directed to: Paul .Bigioni at the City of Pickering Telephone: (905) 669-5571 x .220 DATED at Toronto this 17th day of July, 2017. HER MAJESTY THE QUEEN, IN RIGHT OF ONTARIO, AS REP.RESENTED BY THE MINISTER OF INFRASTRUCTURE, AS REPRESENTED BY ONTARIO INFRASTRUCTUR.E AND LANDS CORPORATION Per: ,,��■-.�.. ...1.---- Grah Martin \-- Vice :President— Seaton Development Ontario PIN 263870019 M m51766 m73356 no lease transfered lands Park Teranet_Parcels For Illustrative Purposes Only Areas to be confirmed by Survey Date: 4/22/2016 125 250 500 Meters Name: PIN 263870019 and Park Schedule B Harry Vale Partial Assignment of Lease M73356 Lands retained by 10 After the sale to the City of Pickering, the lease contains a balance of approximately 42.61 total acres with 22.51 effective acres more or less. Jan 1/17 to Dec 3.1/17 $ 168:08 per month plus HST $168,08 plus HST Jan 1/18 to Dec 31/18 $173.12 per month plus HST $173.12 $.21..85 $ 189.93 Total Due per month for 2017 plus HST .$ 22.51 $195.63 Total Due per month for 2018 Schedule B - Harry Vale Partial Assignment of Lease M733.56 City of Pickering Transfer area contains approximately 50.7total acres with approximately 45.78 effective acres more or less. Jan 1117 to Dec 31/17 (3% increase over 2016). $ 341.84 per month plus HST $ 341.84 plus HST $ 44.44 $ 386.28 Total Due per month for 2017 Jan 1/18 to Dec 31/18 (3% increase over 2017). $ 352.09 per month plus HST $ 352.09 plus HST $ 45.77 $. 397.86 Total Due per month for 201.8 Tenant pays rent in advance and has paid :all rent due up to December.31, 2017. ***10 adjustment to City of Pickering is $386.28 x. 9 = $3,476.52 (April to Dec• 2017) ATTACHMENT# 3 TO REPORT# el pR-- 1 .of. L Farm Lease (Land Only) This Lease is made as of the day of November, 2018. Between: Premises The Corporation of the City of. Picked (the "Landlord") -and- .rFr Harry Vale -k, (the "Tenent`4) sn' In consideration of the rents reserved andqh: .covenants and agreements herein contained to be paid, observed and performe`-d b the Tenant, the Landlord leases to the Tenant approxi a eIy50.7 acres'with,45.78 effective acres more or less, as shown on the site plan attachedd as ,Schedules"A (the "Premises"), being a portion of the lands legally descr bed a Pa► of Lots 3�3 and 34, Concession 6, Pickering, designa V Part 4, An 40 2872 (the' "Lands"). The Landlord has agreed to prow deif e-Premis . the Tenaritln an as -is condition as of the Commencement TheTenanitas agreed to accept the Premises in such condition. .sti� 2. Term3 � — - =-- term o t}isLeasersall be two (2) years (the "Term") commencing on enuary 1, 20119 (.the "G'ominencement Date") and ending on December 31, Y2020, unless terftk ated earlier pursuant to the provisions of this Lease. 3. Ren (1) Theenanl= shall pay to the Landlord as Rent throughout the Term the Sym_T, sumof4;'225.04 per annum, plus HST of $549.26, for a total of $4,774:30, commencing on January 1, 2019, in lawful money of Canada and as more particularly set out in Schedule "B" (the "Rent"). The Rent ' payable under this Lease is comprised of rent of each effective acre at a' rate of $92.29 per. acre. (2) If the Term commences on any day other than the first day of a calendar month or ends on any day other, than the last day of a calendar month, Rent for the fractions of a month at the commencement and at the end of the Term shall be pro -rated on a per diem basis based upon 365 days. (3) It is agreed and understood that, except as expressly set out in this Lease, the Tenant shall not be required to pay any Rent or other costs associated with the Tenant's occupancy of any non -workable portion of the Lands. 4. Intent of Parties (1) Itis the intent of the parties that, except as expressly set out herein, this Lease shall be absolutely net to the Landlord and the Landlord shall not be responsible for any expenses or obligations of'any kind whatsoever in respect of, or attributable to, the Premises, (2) The parties agree that this Lease is deemed to not be -a residential lease andthat the provisions of the Residentral Tenancies Act406, S.O. 2006, c. 17, or any successor acts, and any other legislation applicable to residential tenancies in Ontario shall not applyto this Lease 5. Taxes (1) If, as a result of a special assessment of the,Premises due to any additions or improvements to the Premises by the Tenant or resulting from the Tenant's use and/or occupation of thePremises, the assessed value of the Premises increases; the Te,an t shallpay, to the Landlord within thirty (30) day"s of receipt of nonce from the=Landlord, an amount, either in one lum , sum or inlinstalmehts3as may be determined by the Landlord, equal to the difference between_the assessed value of the Premises following such additions,improvements, use and/or occupation of the Premises and the assessed value of the Premises prior to such additions impYrovernents and use and/or occupation of the Premises. The Tenant,shal! pay to the Landlord an amount equal to any and all goods and servicestaxes, sales taxes, value added taxes, business transfer taxes, or any'other taxes with respect to Rent payable by the enant to the landlord under this Lease, or in respect to the rental of land under this Lease, whether characterized as a goods and services tax, sales tax, value added tax, business transfer tax, or otherwise (collectively, "Sales Taxes"). The amount of Sales Taxes payable by the Tenant=shall be paid to the Landlord at the same time as the amounts to which Sales Taxes apply are payable to the Landlord under the terms of this Lease or upon demand at such other time or times as the Landlord from time to time determines. Notwithstanding any other provision in this Lease, the amount payable by the Tenant under this Section shall be deemed not to be Rent, but the Landlord shall have all of the same remedies and rights of recovery of such amount as it has for recovery of Rent under this Lease. (3) The Tenant shall pay, subject to the provisions of (1) above, all taxes (including any grants in lieu of taxes, as applicable) and rates whether municipal, provincial or otherwise, levied against the Premises, or against the Landlord on account thereof. 6. Utilities (1) The Tenant shall pay all charges for all fuel and electricity used or consumed on the Premises. (2) The Tenant shall pay all charges for water used or consumed on the Premises, provided that the water supplyrstem =servicing the Premises is hooked up to a municipal water systerti„} Use of Premises (1) The Premises shall be used only1for_the purpose of the operation of a farm, and for no other or improper purposeowithout the prior written consent of the Landlord,which consent may be unreasonably withheld. (2) The Tenant's use of the-,Premts-es shall be in accordance with any Landlord's rules and regufations ►npla ce from time to time and as per The Tenant shall maintain the PremiseVat the Tenant's expense, in good repair and tenantable condition-throughoutth =Term, and perform all other repairs that are not the express responsibility of"the Landlord hereunder, and make good any ect or want repair and/or replacement promptly upon receipt of written iotice thereof` from the Landlord. 9. Entry by Landlor (1) e Tenant shall permit the Landlord, its servants or agents, to enter upon the Pr raises at any reasonable time throughout the Term for the purpose of"either inspecting or making repairs, alterations or improvements to the Premises. (2) The Tenant shall permit the Landlord, its servants or agents, to enter upon the Premises at any reasonable time throughout the Term for the purpose of inspecting, investigating, testing, surveying or any other activity relating to the improvement or development of the Premises, including the management of wood lots, the harvesting and sale of firewood and timber and the removal and sale of topsoil, stone, gravel, oil, gas or minerals (collectively, the "Natural Resources"). (3) 4 The Landlord shall not be liable or responsible in any way to the Tenant for any act, fault, breach or omission of the Landlord, its servants and agents or for any occurrence, or for any cause whatsoever, as a result of any entry by the Landlord under this Section, except that the Landlord shall compensate the Tenant in accordance with the provisions of Schedule "C" for any damage to the Tenant's crops resulting from such entry by the Landlord. (4) Entry pursuant to this Section by the Landlord s F3 a re-entry pursuant to Section 35 of this Leasee 10. Compensation for Damage is 4hot be deemed to be The Tenant shall make good or compensat&the Landlord for=any damage to the Premises caused by the negligent, reckless or wilful conduct of thejenant, its servants, agents, employees, licensesor invitees. 11. Notice of Defect The Tenant shall give the Landlor in the water system,' electrical sys system or any other system serv_ic_ng obligated to repair = 12. • Assigning and Sable mediate notice of any accident to or defect heating, ventilating and air-conditioning the Premises which the Landlord is The Tenant shall not ass n this Lease:or sublet the whole or any part of the age .plec ei charge or,otherwise encumber this Lease or the hereof (collectively, a "Transfer") without the prior written ofd, which consent may be unreasonably withheld. The ndlord shall withiinthirty (30) days after receipt of notice from the Tenant of its quest for consent to a Transfer accompanied by all such information, materials nd documentation _;as the Landlord shall reasonably require in order to make a ecision regarding such request for consent, notify the Tenant in writing: LI I (a) that it consents or does not consent to the Transfer requested by the Tenant, (b) that it elects to terminate this Lease in preference to giving or refusing its consent to such Transfer. If the Landlord elects to terminate this Lease, the Term and the tenancy hereby created shall expire, without liability to the Landlord, on the ninetieth (90th) day after such notice is given, and the Tenant shall, within such ninety (90) day period, vacate the Premises and surrender the Premises to the Landlord with the Landlord having the right to re -renter and repossess the Premises discharged of this Lease and to expel all persons and remove all property therefrom. All Rent shall be due and payable by the Tenant without reduction or abatement until such 5 expiration date. The foregoing shall be subject to the exception that the Tenant may, by notice delivered to the Landlord within fifteen (15) clays after receipt from the Landlord of a notice of termination pursuant to the provisions of this Section, elect to continue this Lease as to all of the Premises and not to assign or sublet, in which event such notice of termination shall be void. 13. Insurance (1) The Tenant shall obtain and maintain, at the. throughout the Term: ant's expense, (a) all perils insurance on the full replacement cost thereof, insuring all property of the Tenant, propert for which the Tenant is legally liable or property installe by the Landlord on behalf of the Tenant, including any improvements, alterationsor additions ofthe Tenant; and (b) comprehensive general liability insurance written on a comprehensive basis with inclusive limits of not less than Five Million Dollars ($5000,000 00) per occurrence, or such higher limits as the Landlord may require from time to time. (2) All of the foregoing insuranceshall-contain provisions for cross- liabilityyand shall betaken out aid kept in full force and effect in the names -of the Landlord and the Tenant, as their respective interests may appear; All of the policies shalfcontain an undertaking by the insurer to notify the Landlord° in writing not less than thirty (30) days prior to any erial change, cancellation or ttermination. The Tenant agrees to eliver certificates of insurance issued by the insurance underwriter or, if requested by the Landlord, complete certified copies of policies of insurance to the Landlord within thirty (30) days after the placing of the required insurance. (3) The Tenant acknowledges that the Landlord, in respect of damage to the Lands,, is self=insured and in respect of third party liability maintains a comprehensive blanket policy of insurance, and therefore shall not require the Landlord to obtain any additional insurance. (4) The Tenant shall not do or omit, or permit to be done or omitted, on the Premises anything which shall cause the Landlord's rate of insurance upon the Lands to be increased and if the Landlord's rate of insurance upon the Lands shall be increased by reason of anything done or omitted, or permitted to be done or omitted by the Tenant, or anyone permitted by the Tenant to be upon the Premises, the Tenant shall, on demand, pay to the Landlord the amount of such increase. (5) 6 The Tenant shall permit the Landlord, its servants or agents, to enter upon the Premises at any reasonable time throughout the Term to remove any article or remedy any condition which, in the opinion of the Landlord leads or would be likely to lead to the cancellation of any policy of insurance as carried by the Landlord, provided that such entry by the Landlord shall not be deemed to be are -entry pursuant to Section 35 of this Lease and further provided that the Landlord, when exercising its rights of entry under this Section, shall use its bestefforts to minimize any interference with the Tenant's use and enjoyment.,Tor the Premises. 14. Compliance with Laws The Tenant shall comply with all provisions of law including without limitation, all federal and provincial legislative enactments, municipal zoning-akd building by- laws and any federal, provincial or municipal regulations which relate to the Tenant's use or occupation of the Premises or to the jriaking of any repairs, replacements, additions, changes, substitutions or improvements that -"relate to such use or occupation by. the Tenant, including,without limitation, the requirement to keep the Premises clear of noxious weeds in accordance with the provisions of the Weed Contro i qct, E2.S.O. 1990, c, W.5, as amended, or any successor act. 15. Animals The Tenant ,shall/contain, confine and control any livestock or other animals of, or in the care of, the Tenant, at all times, throughout the Term, and to maintain, at the Tenant's expense, any fences and -=enclosures required for such purpose, and to=ensure that all•such- livestock or. other animals are cared for and treated in accordance with the _rninimum standards required by all applicable requirements any relevant authority, including, without limitation, the provisions of the Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. .36, as amended, or any successor act. 16. Access.. (1) The Tenantshall keep any lanes, roadways or yards serving the Premises open at all times to permit vehicular ingress and egress for all personsientitled thereto, including, without limitation, all rights-of-way running over the Lands, whether or not registered on title, in place for the benefit of owners and users of lands adjacent to or nearby the Lands. 7 (2) The Landlord agrees to maintain all rights-of-way and other roadways located on lands owned by the Landlord adjacent to the Lands in good repair and operable condition throughout the Term to ensure that the Tenant, its servants, agents, employees, licensees and invitees shall be provided with satisfactory access to the Premises in common with all others entitle to the use thereof. (3) If the Premises is now or hereafter served by any..teasement or right-of- way, the Tenant, its servants, agents, employees, _licensees and invitees shall have full right of ingress and egress over such easement or right-of- way in common with all others entitled thereto 17. Waste (1) The Tenant shall not permit any waste, damage, disfiguratign or injury to the Premises or to the fixtures and equipment :of any buildings_ ocated on the Premises or any overloading of the floors of such buildings:. (2) The Tenant shall ensure the prompt disposal of all waste accumulated in any portable sewage system located on, orservicing the Premises, as would a reasonably prudent ownerof similar=lands. 18. Nuisance The Tenantfshall not use or permit theause of any part of the Premises for any dangerous noxious or offensive trade oar business or cause or permit any nuisance in,at or on the Premises 19. Tenant's lndemnc" - s enant shall indemnify and save harmless the Landlord against and from any and all claims„ actions, losses, damages, costs and expenses, including, without limitatioril,clairri'S'ilfOr bodily injury, death or property damage and also damages arising frOinl any breach of this Lease by the Tenant or from any act or omission of the Tenant or those form whom the Tenant is at law responsible in or around the Premises arising from the Tenant's use and occupation of the Premises The Landlord shall not be liable for any loss or damage to any property belonging to the Tenant or to any other persons or for any injury to any person, including death, while such person or property is on the Premises, unless such loss, damage or injury is caused directly by the negligence of the Landlord, or those for whom the Landlord is at law responsible. 8 20. Non -Liability of Landlord The Landlord shall not, in any way whatsoever, be liable or responsible in any way for any personal injury or death that may be suffered or sustained by the Tenant or any employee of the Tenant or any other person who may be upon the Premises or for any loss of or damage or injury to any goods or chattels whatsoever belonging to the Tenant or its employees or to any other person while such goods and chattels are on the Premises and ;_for greater certainty and without limitation, the Landlord shall not beliable, forany damage to any goods and chattels caused by steam, water or snow which may leak into, issue or flow from any part of any buildings on the Premises or from the water, steam, sprinkler or drainage pipes or plumbing works of any buildings on the Premises or from any other place or any other adjacent lands or for any_ other damage caused by, or attributable to, the conditior=arrangement Wally electrical or other wiring comprising any electrical systems servicing the Premises. 21. Exhibiting Premises The Tenant shall permit the Landlord, its servanfs or agents, to exhibit the Premises to prospective tenants `at am reasonable: time during the last six (6) months of the Term and, if so required=by the Landlord, to permit the Landlord to erect such signs on the Premises edvertising the remises for rent at any time during such portion sof the Term, the Lan"dlord may deem appropriate. 22. Construction`en The Tenant agrees not to sufferor permitduring the Term any construction liens or other liens for work, labour; services,or materials ordered by the Tenant or for the cost ofM ich the Tenant may ben any way obligated, to attach to the ses a- at whenever such liens shall attach or claims therefore shall be ed, the Tenant shall, within five (5) days after the Tenant has notice of the claim or lien, procure the discharge thereof by payment or by giving security or in such :other manner as is or may be required or permitted by law. The Tenant further covenants that whenever and so often as a certificate of action is registered relatingto any of the liens referred to in this Section, the Tenant shall, within ten (10)days after the Tenant has notice of the registration of such certificate of action, have the same vacated. 23. Auto Storage The Tenant agrees not to store or house, or permit the storage or housing of, any automobiles, trucks, tractors or other equipment having internal combustion engines in any buildings on the Premises other than those buildings specifically designated for such purpose. 9 24. Natural Resources The Tenant agrees to safeguard and protect all Natural Resources on the Premises in their natural state, including providing fencing where necessary to restrain persons or domestic animals from any use or trespass thereon, and not to remove or permit the removal of Natural Resources from the Premises without the prior written consent of the Landlord, including, without limitation, the cutting of any trees. 25. Fall Ploughing In the event that this Lease is cancelled by the Landlord or`the Tenant pursuant to Section 36, the Tenant agrees to permit, upon receipt of written notification from the Landlord, access to the Premises for the purpose of fall,;_ ploughing by future tenants of the Premises, providing that such access does not occur until after the conclusion of the harvest season, the duration of such season to be determined by the Landlord. 26. Pest Control The Tenant shall spray the Premises where required with pesticides, as would a reasonably prudent owner of a similar farm operation, in accordance with the requirements of any authority, including, without limitation, the Pesticides Act, R.S.O. 1990, c P 1'I, as amended, or a'ny successor act. 27. Environmental Contamin (1) The Tenatftshal! use its=continuing effort throughout the Term to ensure at no part of the Premises isltused, without limitation, to generate, manufacture, refine, treat, transport, store, handle, dispose of, transfer or produce any Environmental Contaminant ("Environmental Contaminant" includes any;hazardors or toxic substances or materials, including, without limitation, products of waste, contaminants, pollutants, dangerous substances,; -)oxious substances, toxic substances, hazardous wastes, ammable, explosive or improperly handled friable materials including asbestos, 1?CBs and substances or any other materials declared or definedtobe hazardous, toxic, contaminant or pollutant in or pursuant to any law' or any authority), except if required in the Tenant's use of the Premises, and then only in strict compliance with all applicable laws of any relevant authority, including, without limitation, environmental, land use, occupational health and safety laws, regulations, requirements, permits and by-laws. 10 (2) The Tenant shall notify the Landlord immediately in the event that the Tenant receives notice of any violation of any environmental law or that any order of an administrative tribunal or any authority is made or is proposed to be made against the Tenant in respect of any Environmental Contaminant in, on or near the Premises, and to notify the Landlord immediately of any discharge, release or discovery of any Environmental Contaminant in, on or near any part of the Premises. (3) Notwithstanding the foregoing, it is agreed and:understood that any Environmental Contaminant approved for use for farming purposes by Agriculture and Agri -Food Canada or any otherrelevant authority shall be excluded from the requirements of this Section, provided that the use of such Environmental Contaminant on -The Premises isapproved of in writing in advance by the Landlord, such approval noftobe unreasonably withheld, and further provided that such use is to be for sole purpose of operating a farm under the terms and conditions of this Lease. 28. Quiet Enjoyment The Landlord shall permit the Tenant to peaceably_possess and enjoy the Premises throughout the Terrn without anyinterference from the Landlord, or any person lawfully claiming by, from or under.the Landlord provided the Tenant is not in default under the terms and conditions of this Lease. 29. Landlord's The Landlord shall have the right to improve and develop the*Premises, includin g the management of Natural Resources, at any time throughout the andlord'A, rights under this Section include, without limitation, the to grant easements and rights-of-way over the Premises, provided that the andlord shall compensate,the Tenant for ail damage to crops suffered by the nant resulting from the exercise of the Landlord's rights under this Section, in accordance with th&provisions of Schedule "C". The Tenant covenants to cooperate with the, Landlord to the extent required by the Landlord in respect of the Landlord's granting of easements and rights-of-way as contemplated under this Sectiotvincluditg, without limitation, giving a partial surrender of this Lease with respect to the portion of the Premises affected by the grant of any such easements and rights-of-way. 30. Tenant's Personal Property (1) All personal property of the Tenant of any kind or description whatsoever, stored or otherwise located on the Premises, shall remain on the Premises at the sole risk of the Tenant and the Landlord shall not be liable for any claims resulting from damage to, or loss of, such personal property. 11 (2) AU personal property of any kind or description left on the Premises as of the date of termination of this Lease whether by passage of time or otherwise, shall be deemed to have been abandoned by the Tenant unless prior written arrangements have been made between the parties. The Landlord has the right to dispose of any such abandoned personal property without notice or compensation to the Tenant, and the Landlord shall be entitled to recover from the Tenant its reasonable costs of disposing of such abandoned personal property 31. Overholding If the Tenant, with the consent of the Landlord, remains in possession of the Premises after the date fixed for the expiration.of the Term without any further written agreement, there shall be no tacit renewal of this Lease, .notwithstanding statutory provisions or legal presumption #o the contrary, and the Tenant shall be deemed to be a tenant from monthto month at the Rent in effect during the last month of the Term and otherwise on the same terms and conditions contained in this Lease except as to length of tenancy. 32. Fixtures The Tenant may, at any time during the Tern, remove Jany fixtures installed by it on the Premises, -and shall compensate old 'for any damage caused to the Premises by such removal. 33. Unavoidable$_ Delays In the event ti:_at,the Landlord or the Tenant shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labour trouble, dull commotion, riots, insurrection, war inability recurs labour, materials or services, acts of God, weather, power failures, estrictive laws orregulations or any other reason beyond the reasonable control the Landlord or4the Tenant, as the case may be, then performance of such cts_hall be excused?3for the'period of the delay and the time allotted for the performance of any_such act shall be extended for a period of time equal to the period ofi_such dela' 34. Alterations (1) The Tenant may, at its own expense, make such alterations, additions and improvements to the Premises as it may consider necessary from time to time during the Term subject to the prior written consent of the Landlord. No alteration shall be made to the frame or permanent structure of any buildings on the Premises, and no contour changes or other changes to the grading or level shall be made to the Lands. 12 (2) The Tenant shall give the Landlord notice of its intention to make alterations, additions or improvements to the Premises and, upon request, shall supply the Landlord with plans of the proposed alterations, additions or improvements. (3) The Tenant may, at its option, remove any alterations, additions or improvements made by it to the Premises, and the Tenant shall compensate the Landlord for any damage causedLto the Premises by the removal of such alterations, additions or improvements. 35. Default (1) Each of the following shall be an event _of default of the. Tenant: (a) whenever the Tenant defaults on the payment of aRent and such default continues for fifteen (15)_ days after noticeto the Tenant of such default; (b) whenever the Tenant defaults .6n -the performance of any of its obligations under this Lease; (c) if the Tenant is adjudicated to be insolvent or makes an assignment for the_benefit of creditors,in bankruptcy or is declared bankrupt, or takes the benefit of anylegislation in force for bankrupt or insolvent debtors or if any proceedings are taken by or against the Tenant udneryany windingup legislation, or if the Tenant makes or attempts to make a sale "n bulk of any of its assets, wherever situated, other than a 14 sale made to a transferee permitted under Section 12; or (d) if the TenantYvacates.or abandons or attempts to vacate or abandon the Premises or any portion thereof (which does not include temporary vacancy or non-use for a longer period where necessary to accommodate the carrying out of renovations to the Premises) (2) Upon ny event of default of the Tenant as further provided in (1) above, in addition to any other remedy which the Landlord may have by this Lease or at law or in equity, the Landlord may, at its option: (a) re-enter and take possession of the Premises and the Term shall be forfeited and void in such event; 13 (b) enter the Premises as agent of the Tenant, either by force or otherwise without being liable for any prosecution therefor and without being deemed to have terminated this Lease, and re -let the Premises or any part thereof as the agent of the Tenant, and receive the rent therefor to be applied on account of the Rent; and/or (c) exercise its right of distress and the Tenant -hereby waives any present or future limitation on the Landlord's right of distress. In the event that the Landlord chooses to exercise its remedies under this Section, the Landlord may, in addition to any otferights or remedies it has pursuant to this Lease or at law, -expel all persons and remove all property from the Premises and that such property may, at the Landlord's option, be removed and sold or disposed of by the Landlord, by public auction or otherwise, and either �n by bulk or individual item oras the Landlord in its sole discretion may decide, and the Tenant agrees that the proceeds of such sale or disposition shall be applied by the Landlord firstly, to the payment ofany indebtedness other than Rent due hereunder from the Tenant to the Landlord' and secondly, to the payment of Rent due and unpaid hereun (3) If the Tenant -defaults in the observance or performance of any of its covenants or agreements contained in this=Lease, the Landlord may, at its option upon such reasonable notice as the circumstances warrant, remedy sugh default and the cost thereof shall be added to the Rent due on the next succeeding; date on which Rent is payable. 36. Cance, The Landlord shallhave the right to cancel this Lease or to reduce the acreage of the Premises at any time and for any reason during the Term by giving the Tenant not less than six (6) months prior written notice of cancellationo - reduction, as the case may be, provided that the effective ate of such cancellation or reduction shall be at any time between eptember3bth of the same calendar year and March 31St of the following: calendar year and further provided that, in the case of cancellation by the Landlord, the Tenant shall deliver vacant possession of the Premises on or before the effective date of such cancellation. In the event that the Landlord decides to reduce the tillable acreage of the Premises,. the Rent shall be reduced on a pro -rated basis as of the effective date of such cancellation and the Tenant will be compensated for any Toss of crops resulting from such reduction of tillable acreage in accordance with Schedule "C". In the event that the Landlord sells, conveys or otherwise transfers its interest in the Premises, the Landlord's successor in title shall have all the rights and obligations of the Landlord 14 under this Lease, including the right to cancel this Lease or reduce the acreage of the Premies, as further provided for in this Section. (2) The Tenant shall have the right to cancel this Lease at any time during the Term by giving the Landlord no less than six (6) months prior written notice, provided that the Landlord received prior written notice of such cancellation from the Tenant on or before September 1st of any calendar year and further provided that the effective date of cancellation of this Lease pursuant to such notice accompanied ----'provision by the Tenant of vacant possession of the Premises,shall be any time between December 1st of the same calendar year and March 31st of the following calendar year, unless otherwise agreed by -the Landlord. (3) During an overhold period in accordance with Section1 the Tenant will be deemed a monthly tenant and the Landlord or the Tenant shall have the right to cancel the tenancy of the Premises at any time"by giving not less than thirty (30) days prior written notice of cancellation or=eduction, pursuant to the Commercial Tenant esAct R.S.O. 1990, c. L7, as amended, or any successor act. 37. Non -Waiver No condoning, excusing or overlooking by the Landlord or the Tenant of any default, breach or nen observance by the Tenantor the Landlord at any time or times in respect'of arty covenant, provision or condition herein shall operate as a waiver of the Landlord's or the Tenant's rights hereunder in respect of any continuing or subseque ►t default, breach or non -observance, or so as to defeat or affect in any way_;the rights of tthe Landlord or the Tenant herein in respect of a such continuing or subsequent -default or breach, and no waiver shall be erred fram.-ibr implied _by anything done or omitted by the Landlord or the enant, save=only, an express waiver in writing. 38. Notices Any notice required 3or contemplated to be given by any provision of this Lease shall bel i as follows: (a) to the Landlord at: Pickering Civic Complex, One The Esplanade, Pickering, ON L1V 6K7 Attention: Paul Bigioni, Fax No.: 905.9685; (b) to the Tenant at: Harry Vale Farms, 15 Fairgrounds Lane, Sunderland, ON LOC 1H0 Attention: Harry Vale, Fax No 15 (c) the time of giving such notice shall be conclusively deemed to be the third (3rd) business day after the day of such mailing; (d) such notice shall be sufficiently given if and when the same shall be delivered, in the case of notice to the Landlord, to an authorized legal agent and, in the case of notice to the Tenant, to an executive officer of the Tenant at the above -noted addresses; and • (e) such notice, if personally delivered, shall be conclusively deemed to have been given and received at the time of such delivery. 39. Entire Agreement The parties acknowledge and agree that there are no covenants, representations, warranties, agreements or conditions, express orimplied, collateral or otherwise, forming part of or in any way,izaffecting or retatmg to this. Lease save as expressly set out in this Lease andtthat this Lease constitutes the entire agreement between the Landlord and -=the Tenant and may not be modified except as herein explicitly provided=or=except by subsequent agreement in writing of equal hereto executed by the Landlord and the Tenant. Schedules "A", "B", "C'"xand "D" form part of this Lease. 40. Registration The Tenant_ to the Lands all' not register this Lease or any notice in respect thereof on title 41. Severability Tie parties agree that all of the provisions of this Lease are to be construed as covenants and nts agreemeas though the words importing such covenants and greements were used in peach separate paragraph hereof. Should any rovsion or provisions of this Lease be illegal or not enforceable, it or they shall be considered separate and severable from this Lease and its remaining provisions shall remain in force and be binding upon the parties as though the said provision or provisions had never been included. 42. Interpretation The words "herein", "hereof", "hereby", "hereunder", "hereto", "hereinafter", and similar expressions refer to this Lease and not to any particular paragraph, ,section or other portion thereof, unless there is something in the subject matter or context inconsistent therewith. 16 43. Headings The division of this Lease into sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. 44. Successors and Assigns This Lease and everything herein contained shall operate to the benefit of any, and be binding upon, respective successors, assigns and other legal representatives as the case may be of each of t subject to the granting of consent by the Landlord as provided herein to any assignment or sublease, and every reference .to any party shall includethe successors;. assigns and other legal representatives of such party. 45. Laws of Ontario This Lease shall be governed and construed in accordance with the laWs of the Province of Ontario. 46. Freedom of Information The Landlord, having a responsibility Information and Protection: of Privacy any successor act, is hereby granted �r to release a copy of this Lease, or an Information and Privacy Commission' ur, r the Municipal Freedom of qct, R.S.O 1`990, c. M56, as amended, or the permission and authority by the Tenant ,tportion thereof, upon the request of the In Witness Whereofrthe partes have executed this Lease. Signed at _ this day of November, 2018 Witness: Name: EXECUTED BY the Tenant on this of November, 2018 day Harry Vale 17 EXECUTED BY the Landlord on this day of November, 2018 The Corporation of the City of Pickering David Ryan, Mayot Debbie _hells, City Clerk 18 Schedule "A" Site Plan of the Premises Approximately 50,7 acres with 45.78 effective acres more or less and shown hatched in yellow on the map below, being a portion of the lands legally described as Part of Lots 33 and 34, Concession 6, Pickering, designated as Part 4, Plan 40R-28722. [map on following page] Ontario PIN 263870019 • IN m51766 m73356 0 no lease transfered lands Park %/ Teranet Parcels For Illustrative Purposes Only Areas to be confirmed by Survey Date: 4/22/2018 0 125 250 500 Meters Name: PIN 263870019 and Park 20 Schedule "B" Rent RENT: January 1, 2019 to December 31, 2019 Land $352.09 per month plus HST of $45.77 for a monthly total of $397.86 (45.78 effective acres at a rate of $92.29 per acr e)_N j3 Monthly Rent Effective January 1, 2019: RENT: January 1, 2020 to December 31, 2020 Land $397.86 $352.09 per month plus HST of $45 77 for a monthly toal: of $397.86 (45.78 effective acres at a rate_of $92.29 per acre) Monthly Rent Effective January 1, 2020: $397.86 21 Schedule "C" Compensation for Crop Damage Where crops have been damaged by the Landlord, its servants or agents or any other persons authorized by the Landlord, damages shall be paid for any cultivated crop on the following basis: For each acre of damaged crop, an amount equal to the returns'f one hundred (100) bushels of Ontario No. 2 yellow corn at a price per bushel, quoted in The Globe and Mail newspaper on the date the damage was incurred. 22 Schedule "D" Definition of a Farm A property that is presently being used for, or is capable of, growing forages, field crops or the pasturing of livestock which is eligible for assessment as farm land under the Assessment Act, R.S.O. 1990, c. A.31, as amended, or any successor act, Rules of Good Farm Practice 1 The Tenant agrees to carry out proper cultivationprac ces in compliance with recognized crop production methods. 2. All manure shall be promptly removed frohe immediate barn__area and shall not be placed or be permitted to lie a Premises. ams he walls of any buildings on the 3. Areas under cultivation must be tilled and fertilized' annually and shall be seeded down in a good and workmanlike manner with a mixture of legumes and grasses equivalent to the current "Agronomy Guide for FieldzCrops" published by the Ministry of Agriculture, Food and Rural Affairs Crops shall be rotated as required in accordance with redonized standards so as to prevent impoverishment or!depreciation o thesoil's productivity. 4. All straw and menure arising outof the farm operations must be utilized in fertilizing the areas under cultivation or grazing in each and every year of the Lease, including.the last year It must not be removed from the Premises or otherwise disposed of without the written'approval of the Landlord. 5. Commercial fertilizershall be applied in all seeding including intertiiled crops and e Landlord shall -have theright to require the application of adequate quantities commercial fertilizer as indicated by soil analysis. 6. The responsibility for control of noxious weeds as set out in the Weed Control Act, R S mO^. 1990, c. VV.5, as amended, or any successor act, shall rest upon the Tenant acid the Landlord shall have the right to have the weeds destroyed at the expense of the_Tenant. 7. -All seed grain sown shall be of a quality equivalent to or better than commercial grade standards as defined by the Seeds Act, R.S.C., 1985, c. S-8, as amended, or any successor act. 8. All orchard, fruit, shade or ornamental trees on the Premises shall be carefully pruned and cared for as often as they may require and protected from horses, cattle or sheep. 23 9. All woodlots, beaver or muskrat swamps, watersheds, ponds or springs shall be preserved in their natural state and where necessary, fenced to restrain persons or domestic animals from use and trespass thereon. 10. The Tenant shall keep all underdrains, ditches or watercourses open and free from obstructions and in good,running order and the Tenant shall exercise normal erosion control. 11. The Tenant agrees that the number of head of livestock kept on the Premises shall at all times be in proper relationship to the acreages cropped and/or grazed. _