Lease with Lacombe Flying Club

  THIS AGREEMENT made in duplicate this 27 day or January, A.D. 1975 between:

                        TOWN OF LACOMBE, hereinafter called “the Town"    

                                                                   Of the First Part,

                                      — and —

                        THE LACOMBE FLYING CLUB, incorporated under the
                        Societies Act of the Province of Alberta,
                        hereinafter called “the Club”.        

                                                   Of the Second Part

  WHEREAS the ‘Town' is the owner of the lands described as follows:

Lots A and B, Plan 5530 M.C. in the Province of Alberta, acquired by the Town for the purpose of an Airport and additional lands adjacent thereto,

Lot A, Plan 5530 M.C,, Lot. B, Plan 4462RS and adjacent lands more recently acquired and included in Plan of Survey presently under preparation by Clark, Swanby & Grant.

AND WHEREAS the Club s desirous of using and operating the said lands for an airport.

NOW, therefore, in consideration of the foregoing, and in consideration of the rentals to be paid and covenants and undertakings to be performed hereunder it is understood and agreed between the parties as follows:

1. The Town does hereby lease and grant the said lands unto the Club for a period of Twenty—five (25) year from the 1st day of April, A.D. l975 and thereafter from year to year unless the Town shall have notified The Club on or before the 1st day of October in any year that the said lands will         not be available to the Club for the following rental year. Provided, however, that the Town shall have the right to terminate the within Lease upon not less than three months notice in writing delivered to the Secretary of the Club expiring at the end of a rental year.

2. The rental payable by the Club to the Town shall be the sum of One ($1.00) Dollar per year, payable in advance on or before the 1st day of April in each and every year during the term hereby created and any extension or renewal thereof.

3. The Club shall, during the term hereby created pay all municipal taxes levied against the said lands.

4.  The said lands shall be used for only an airport or for other purposes reasonably and ordinarily associated with the operation of an airport

5.  The said airport shall be open to use as such by members of the public and shall not be for the exclusive use of members of the Club.

6.  The said lands shall be kept in a neat and orderly condition, and grass, brush and weeds shall be kept under reasonable control by the Club.

7. The Club shall maintain the said airport and the said lands in reasonable condition for use b? all aircraft which might reasonably be expected to use the same, and shall indemnify and save harmless the Town if; any claim for damages or otherwise which may be made against the said Town by reason of the Town's ownership of the said lands.

8. Any improvements created upon the said lands by the Club or by any person with the permission or approval of or by arrangement with the Club, shall remain the separate property of the Club or of the said person as the ease may be, and shall be removed from the said lands at the conclusion of the term hereby created, or within One (I) month from the date of termination of the Lease pursuant to Paragraph 9 of the within agreement, as the case may be.   Provided, however that the Town will grant a reasonable extension of this time if weather conditions are such that the removal within this period would be impossible or unduly expensive,

9, If at any time the Club is in default in the performance of any of its obligations under this agreement, or shall fail to maintain the said lands in suitable condition for use as an airport, or if the said lands shall at any time be used principally  by the Club for any other use than as an airport, the Town may, in any year, on not less than 30 days notice in writing mailed by ordinary mail addressed to the Club at Lacombe, Alberta, terminate the within Lease at the time mentioned in the said notice.

10. The Club may at any time, upon not less than thirty (30) days notice in writing to the Town delivered or mailed to the office of the Secretary—Treasurer of the Town? terminate the within lease, such termination to be effective as of the date referred to in such notice,

11. The Club shall not, without the written permission of the Town, first had and obtained, assign or transfer any of its rights or obligations hereunder, or assign the within term or any part thereof, and shall not sublet any portion of the said land to any other person or organization except for construction of hangars or for some other purpose directly connected or associated with the use of the said lands as an airport.

12, The Club shall not use the said lands or any part thereof or per the same to be used for any purpose which would or might constitute a nuisance to the owners or occupiers of adjoining lands,

13.Without the approval of the Council of the Town, first had and obtained the Club shall not undertake any construction or installation of buildings or equipment or institute any other improvement of the said lands by way of levelling, surfacing or otherwise nor permit any other person to   do so,

14.The provisions of the within agreement shall apply mutatis mutandis to any extension or renewal of the period of the within Lease.

IN WITNESS WHEREOF Lacombe Flying Club has caused these presents to be executed by its proper officers in that behalf and Town of Lacombe has caused to be affixed its corporate seal as attested to by its proper signing officers.