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.
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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.
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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. _