Form A19 LEASE Standard form of Conveyances Act. $.N.B. 1980, ¢. $-12.2, 8.2 The parties to this lease are. Town of Saint Andrews, a town corporate, duly incorporated organized and subsisting under and by virtue of the Municipalities Act, Revised Statutes of New Brunswick, 1973, Chapter M-22, the “lessor” - And = The Kiwanis Club of St. Andrews, N.B., a body corporate under the laws of the Province of ‘New Brunswick, having its head office in the Town of St, Andrews and Province of New Brunswick, the “lessee” A survey plan (No. 2-2190 Murphy Surveys (1990) Limited) attached hereto as Schedule “D” forms part of this lease. The lessor leases to the lessee the premises described in Schedule “A” attached hereto on the following conditions: Duration: Eight (8) Years, Eleven (11) Months Date of Commencement: June 1, 2003 Date of Termination: April 30, 2012 Rent: 31.00 per calendar year Payments Dates: ‘The First (1%) day of September, 2003 and the first day of September every year thereafter. Place of Payment: Town Hall, 212 Water Street, St. Andrews, ‘New Brunswick This lease contains the covenants and conditions which are set out in: (a) the Leases Regulation — Standard Forms of Conveyances Act and set out in Schedule “B” attached hereto, (b) Schedule “C” attached hereto; Dated on June 9, 2003. SIGNED, SEALED AND DELIVERED By John Craig, Mayor, and John Borsella, Town Clerk of the Town of Saint Andrews d ) SIGNED, SEALED AND DELIVERED) By Dr. John Allen, President, and Kurt ) Gumushel, Secretary of The Kiwanis Club) of St Andrews, N.B, Incorporated. ) “ ) in the presence of _ A cS a ) ) ) ) > ) ) ) )SCHEDULE “A” LEGAL DESCRIPTION All that cestain lot, piece and parcel of land situate lying and being in the Towa of Si. Andrews, County of Charlotte and Province of New Brunswick and being more particularly described as follows, Beginning at a survey marker on the west limits of Water Street at Indian Point in St. Andrews having a New Brunswick Grid (NAD83 CSRS) coordinate of 2457678.878 Easting and 7341380.166 Northing; THENCE along a curve to the right having a radius of 210.893 metres and an arc length of 46.795 metres, being subtended by a chord on an azimuth of 162 degrees 45 minutes 04 seconds for a distance of 46.700 metres along the west limits of water street to a point; THENCE on an azimuth of 169 degrees 06 minutes 28 seconds for a distance of 13.351 metres along the west limits of water street to a point, THENCE along a curve to the right having a radius of 214.073 metres and an arc length of 8.789 metres, being subtended by a chord on an azimuth of 170 degrees 17 minutes 02 seconds for a distance of 8.789 metres along the west limits of water street to a survey marker, THENCE on an azimuth of 207 degrees 10 minutes 08 seconds for a distance of 37.622 metres along the Town of St. Andrews Kiosk property to a survey marker; THENCE on an azimuth of 159 degrees 18 minutes 44 seconds for a distance of 51.394 metres along the Town of St. Andrews Kiosk property to a point on the west limits of Water Street; THENCE on an azimuth of 194 degrees 54 minutes 21 seconds for a distance of 20.475 metres along the west limits of water street to a point; THENCE along a curve to the right having a radius of 61.994 metres and an arc length of 34.237 metres, being subtended by a chord on an azimuth of 210 degrees 43 minutes 38 seconds for a distance of 33.804 metres along the west limits of water street to a point, ‘THENCE along a curve to the right having a radius of 51.069 metres and an arc length of 118.963 metres, being subtended by a chord on an azimuth of 316 degrees 51 minutes 36 seconds for a distance of 93.832 metres along the Town of St, Andrews property presently leased to the Kiwanis Club of St. Andrews as described in a document registered in the Charlotte County Registry Office as Document No, 109641 in Book 379 on Page 614 registered on July 11,1988, ‘THENCE on an azimuth of 4 degrees 21 minutes 42 seconds for a distance of 99.797 metres along the east boundary of the said Kiwanis Club of St. Andrews; THENCE on an azimuth of 56 degrees 07 minutes 56 seconds for a distance of 83.595 metres to the Place of Beginning;SCHEDULE “B” COVENANTS AND CONDITIONS, LESSOR SSEE Town of Saint Andrews The Kiwanis Club of St. Andrews, N.B. Incorporated 11. The lessee shall pay rent. 12. The lessee shall maintain the premises in good repair. 13. The lessee shall permit the lessor to inspect the premises 14, The lessee shall not alter the premises without the lessor’s consent. 15. The lessee shall use the premises for agreed purposes only. 16. The lessee shall not assign or sublet without the lessor’s consent 17. The lessee shall comply with all laws, 18, The lessee shall deliver vacant possession upon termination of the lease. e< 20. The lessee shall pay public utilities Wp 21. The lessee shall not do any act to increase insurance premiums. 23. The lessee shall provide public liability insurance. 28. The lessee shall conduct his business in a reputable manner. 26. On breach of any convent the lessor may recover all costs fiom the lessee as rent. 27. The lessor may re-enter the premises on the insolvency of the lessee 28. The lessor promises to the lessee quiet enjoyment of the premises 30.1 The lessee shall pay real property taxes. 32. The lessee may remove fixtures. 33, The lessee has an insurable interest in improvements made by him 38. The lessor is not responsible for injury to person or property upon the premises unless due to the negligence of the lessor. 39. The lessee may install signs with the lessor’s consent, 40. All disputes are to be settled by arbitration. 41. Condonation, excuse or overlooking of any default does not operate as waiver 42. All lessee’s insurance policies shall contain a waiver of subrogation.SCHEDULE “C” ADDITIONAL COVENANTS AND CONDITIONS Additional Lessee’s Covenants: ‘The lessee covenants and agrees with the lessor as follows’ 1. Assignment: That the lessee will not assign the term hereby granted or sever the same or sublet the demised premises or any part thereof without the written consent of the lessor. 2. Care and Maintenance: As is appropriate for the uses herein agreed, the lessee undertakes to keep the site clean, free from refuse, and shall use the demised premises in a manner that directly or indirectly is beneficial to the inhabitants of the Town of Saint Andrews and no purely profit oriented business shall be carried on or from the demiised premises. The lessee shall promptly respond to any notices or directions received from the Town of Saint Andrews, Department of the Environment or any other agency acting for of on behalf of a government. 3. Public Liability Ins The lessee covenants with the lessee’s covenant number 23 in Schedule “B” hereof shall be in the minimum amount of Two Million Dollars ($2,000,000). 1. The lessor hereby gives to the lessee an option to renew this lease at the expiration thereof Yb for a further term of twenty-four (24) years upon the same terms and conditions as are contained herein except this provision for renewal and the amount of rent reserved which shail be agreed upon atthe time of renewal or, fuling agreement, shall be settled by arbitration; the lessee may exercise its option to renew by giving notice of acceptance to the lessor not later than thee (3) months prior to the date of termination of this lease. 2. The lessee agrees to abide by By-law No.03-8 which states the following condition: That Parcel B depicted in schedule “D” not to be used for camping/tenting/RV-ing activities, Mutual Covenants; 1. Agreed Purpose: The agreed purpose referred to in lessee’s covenant number 15 in Schedule “B” hereof is for the purposes of construction and operation of a tenting and trailer park, and related activities. v Notices: Unless otherwise prescribed by the lessor or lessee, notices and correspondence to the lessor and the lessee may be delivered personally to the office of the lessor or lessee, ftcsimile or e-mail or may be sent by prepaid registered mail to the lessor at: 212 Water Street, St. Andrews, N.B., ESB [B4 And to the lessee by the prepaid registered mail to the lessee at: 550 Water Street, St. Andrews, N.B., BSB 2R6 3. This agreement shall enure to the benefit of and be binding upon the parties hereto, their respective successors and assigns.