day of A.D., 1966.

Pres'ding Member of the Executive Council.

2426.

Approved and ordered this 9th day of August , A.D. 19 66.

At the Executive Council Chamber, Victoria, Lieutenant-Governor.

PRESENT:

The Honourable Mr. Bennett Mr. Peterson Mr. Black Mr. Bonner Mr. Williston Mr. Richter Mr. Gaglardi Mr. Loffmark Mr. Campbell Mr. Martin Mr. Chant Mr. Kiernan Mr. Mr.

, 4

To His Honour The Lieutenant-Governor in Council:

The undersigned has the honour to reports

in the Chair.

THAT the University of Victoria proposes to enter into an agreement with School District No. 61 (Greater Victoria) to lease certain premises, more particularly described in that agreement, a copy of which is attached hereto, for the use and occupation of School District No. 61 (Greater Victoria) for the purposes set forth in the agreement;

AND TO RECCMVEND THAT pursuant to the provisions of Section 35(2) of the Universities Act approval be granted to the University of Victoria to lease the said premises to School District No. 61 (Greater Victoria) in accordance with the terms and conditions of the said agreement.

DATED this ?-64 day of A.D., 1966.

st r o ucation.

APPROVE]) this

-93

TUTS INDZSTME made in duplicate this day of July, in tho

yam; of our Lord one thousand nine hundred and aL1ty-nix,

3S110.IIN:

UNT177.ESITY 07 V7CT017t, of the City of Victoria, in the novices of British Coluthis, (hereinafter called the "Lessor").

OP ra P17.23T PEET,

80120 07 BVICCL TRUSTEES OP SC' OTL DISTRICT N3. 61 (CBEATTR v1con7A), of 1030 Joan Cults:oat, in the City of Victoria, in tho Province of Britioh Columbia, (hereinafter called the "Unseen,

07 THE SECOND PAST.

WITNESSED& that in coneideretion of the =Ls, caeca =0 and

conditions hereinater respectively reserved and contained, the Looter dath demice

'and ln000 tato the Loseee thoes certain loads situate, 'yin and bamz La toe

?icsttclpatity of Stealth, in the Province of British Columbia, and more particup-

larly kagen and flamer/bed as that part of Lot One (1), Sectiocs Treaty-Inea (27)

land Thirty-one (31), Victoria Dix:riot, Plan 13012, EXCEPT that part thereof

1included within the boundarloo of Plan 18417 Wag to the Hoot of the Westerly

boundary of Lot Five (3), Plan 18417, and tho production Southerly of acid boun-

dary, AHD Lot "A" of Section Twanty-scven (27), Victoria =tact, Plam 13:02,

=Err that part thereof lacludod within the boundorios of Plan 13812, cod cartel

of the buildings eituate thereon !mown as the brima Building, the Caotorls Build

iag and Annomoe 5 end 7, all of which bade are outlived in red and which build-

Sago ore oho= end narked on the sketch plan attached berefo sad marked "A" end 1 1ferniaz part hereof, SUBJECT to the following tares, credit/coo, azreereate.

covantnto and provisos,

THE =X HERE07 shall be frce the 1st dsy of S:pm:bor, A.D.

1966 to the 30th day of June, A.D. 1968, YIXLDTNO Ara 74TLEG therefor to the 1 Lesoor the clear rental or sum of Seventy-throe Thounard Throe Hundred Thirty- ,

1

Itiree Dollars and thirty-throe Cents ($73,333.33) of lawful =way of Ccasda, pmy-

able on the following days and times, that L3 to Goy:

en Sepetebor let, 1966, the aim of $ loAco.co

On Dow:char let, 1966, the cum of 10 ,0C.'..03

On March let, 1967, the sum of 20,0C340

On June lot, 1967, the ate of 10,0:040

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Oa Soptentor lot, 1907, the aum of $ 10,C00.00

On Docember lot, 1967, tho sum of 10,C00.00

On March let, 1967, Cho sun of 10,07D.00

On June lot. 1763, tho gum of 3,333.33

PROVIVED and it in boraby caven=trad cad sgrood Ly and bet race

tha Lesaor and the L43244 that the Looser ohall an or bafora the lot day 0 fa-

c=ber, A.D. 1967, notify the L040434 1a writin: uhcchar or cot it wilt ramau the

term of tho Eerie harain grontod as heroine= provided mpom its termination on!

tho 30th day of Juno, A.D. 1968, and the Lestas in the avant that tho Lessor

ulabso to maw the said tern oholl motley the said Imssor in %main: on or

Wore the 31at day of Dots:mbar, A.D. 1007 whether or not it ittatda to renew tLe.

urn hornof as hereinafter provided. PLOVIDED NONEVER that any ranawad torn

c. rood to harela shall eaccad from the lot day of July, A.D. 1903 to tho 3Cth day

of Juno, A.D. 1969 at the some rental and upcn the soma terms cad cooditivne cod

subject to tha 04= covaaanta, provisos and sgraamonts an era heroin act forth,

save and sacept only for tbio eovonant for a ranowal of the torn.

AND TUE LESSEE CAIVENALT3 with the Locror to pay ram:, olactric

light, sap, talaphcae chargos and heating charges as boroinagtor proridad.

TUE LESSEE Ar.::ES to repair all damage to the domtood premises

i csasod by the Leases's uaa of same other than ordinary moor and tear cmd sow 43

homin opocifically excepted and on au:rendering pcoaoacion it will loavo the act 1 realness in good condition, allowance bait; made for damns mud by a:din:try

'roar or tear or fras defects therein. no L43200 4Z7 eaho ouch ropairs, alto:a-! riona or improvonento as it dooms dmairoble but subject novartholoso to the con-

sant of the Lessor, but tho Losoao azrams in concoction them-with cot to suffer

or pornit any liana to stand natant that dcained punt:co for work (lona or

ettsrisla supplied. Tho LOC= nay cater and vim, state of repair cod the Lassos

will repair acoordiog to notice, subject to the taro° hereof.

THE LESSEE COVENANTS with tho Lassos that it chs11 at its can

«panto hoop and maintain in Zood appoaranca tha copo:Zioial oral; of to la do

heroin denimd cad cnclouad in rod on the plan hereto annemal and ne:Led with tho

latter "A" in subscoatially the coma condition 43 the en= choll he at the coo-

a.Inconont of Cm torn and Cavaco:sea to royalr any daza7,0 cxzed the Iv tho

'%124 of the dealsod Undo and proolsoo by the Los000, its oar-cants or a;:ate or

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other parsons entering upon the said lands and premises for the purposes of the

Lessee.

THE LESSEE shall not assign this Lease or sublet the leaoed

premises.

THE LESSOR COVENANTS with the Lessee for quiet enjoyment.

IT IS UNDERSTOOD AND AGREED by and between the Lessor and the

Lessee 'chat the buildings situate en the donized lands and shown on Cho plan

marked Schedule "A" hereto and marked "Annex 6" and the "Young Building" are not

Included in the demised premieos (save to the extent hereinafter provided) and

that Annex 6 is let by the Lassies to a third party who has rights in =pact

thereof superior to those of the Leases heroin for ingress and egress over the

2.-2- 2 lands demised &RUUD& to provide access to the said Annex 6, and the Linens COTC110.2t3

and agrees not to interfere therewith.

AND PROVIDED that the Lessee has access to and unrestricted

iuse of the existing heating plants in the Young Building, and Annex 6 fortho pur-

, 1poses of generating heat to beat the Ewan; Building end the Paul Building situate

upon Lot Five (5), Plan 18417, adjoining the demised lands and ouch other build-

iings on the deniaed lends an shall require heat, PROVIDED that such hecting shall

be generated and supplied and the responsibility for the repair and mantenence

and upkeep of the said heating plants shall be as act forth is the schedule hereto

annexed and marked with the latter "B".

THE LESSEE COVENANTS with the Leaser to eat as caretaker of

the premises situate upon the said lands known and described as the Young Build -

ins in accordance with the provisions set forth in Schedule "C" hereto.

IT IS FURTHER AGREED by and between the Limo: and the Lsaacn

that the rent herein reserved shall include the hiring of the furniture and fix-

tures for the Ewing Building and such other buildings as shall include as.a part

of the demise furniture and ft:aurae, which will bo inventoried and a list

thereof signed by reprecentativen of the Lessor and Lesson, which list shall term

part of the within Lease and Agreement.

TUE LESSOR ILIDERTAKILS upon termination of the Lecce to deliver

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up tba said furniture and fixturca of the Larcor in an good rapair co it feand

them, roaronOhla war cad tear excepted, and to deliver vacant poste:mice of the

oald deziood loads and proaisec unto this LCGOOT ea the fn.:piratic= of the tarn

hereby grantod.

AND ILO that if the team haroby granted *ball bo at ony time

coined or taken La execution or in attachment by coy creditor of the Lonams or i

the Laosoo 'hall make any assivamont for the benefit of croditoro or becoeing

bankrupt or insolvent ahell to the benefit of any act that nay be in force for

bankrupt or insolvent debtors, the than current :ant shall imr.cdiatoly bore:*

duo sod payable and the odd tarn dell immodiately become forfeited cad void.

AND IT IS BERNDT DECLAIM) AND ACZED that in CAISO the prceiroo

betray domissd or any part cheroot *ball at any timo during the :Ira granted be

burned down or damaged by firs so ca to candor the oars unlit for the puapoca of

the Looseo, than and so often so the some ohall hcppcn the rant hereby =served

or a proportionate part thoroof according to the nature and astont of the injury

seataimad and all rosodiaa for recovering the cane shall be e=ptC16A1 zed i.bctod

until the said proxioca shall have been rebuilt or mode fit for the purraco of

the Lessee, PROVIDED HOWEVER that in ouch avant and co often aa the sera shall

happen the L4V20: 'hall not be compollod to =noir, roatora or rebuild the paid

building or building* or any part or parts tioracf but 'hall be entitled at its

own eels option to declare that's Preacats null cad void and the rent chall be

apportioned to the data of such loss cr donate cad Chase Prosants shall tho:oeft

have no force end efface.

AND ALSO that if the 1.32Lee shall hold ovor and the L0000r

shell accept rent after the expirction of the said term, the new tenancy thoreby

croctcd chall bo a tenancy from month to month and not a tenancy :roe year to ycer

and shall bo oubjact to the covenants and coaditiono heroin contained no far to

the sore are applicable to a tenancy frog =nth to month.

AND ALSO that ray adeitional covonaata, oaadittaao or agroc-

meats act forth is writing and attached hereto Oweher et the GO77C=JC2t of the

arid term or at any a.lbeacuont time and oi3nad or by the przttes here-J

to :shall be road and construed to ;other with cad an pert of Chia Leona =1 no- VID:D 12113478 the: when the cane shall bo ct variance mith printed in

this Lea= such additional covenants, canditicao and 03r:cm:ate chaIl bo dcomod

-S-

to supersede such printed clause.

PROVISO for re-entry by the Lesoor on nos-ptyeent of rent,

Whether lawfully demanded or not; or on non-performence of colAnaute; or

seizure or forfeiters of the said tern for any of the causes tferceeid.

IF AT ANY TIME during the tern hereby granted or any rtnevel

thereof the Lessor shall receive a bcua fide offer to purchase the demined lands

and promisee or Annex 6 or the Young Building or any part or parte thereof which ,

the Lessor *hell be willing to accept, tha Lerner shall in writiee forthvith tee-

ennicate such offer and its terns to the Lessee Who shall heve the right within

sixty (60) days of receipt of such notification to scree in writing to purchase

the said 1=44 and prenisee in respect of which such offer has been nada u;en

the sane terns and conditions as in the said offer can out, PROVIDED thtt if the

Lessee: shall not within the said period of sixty (60) dcys notify the Leaser of

its intention to purchase the said lands and prenisee in reap= of which such

offer has been received by the Lauer end bind itself by a good and sufficient

iustrunant in writing so to do within tho said period, the Lessor eaall be at

liberty to sell and dispose of the cans as it shall can fit.

IT IS FURTHER UNDERSTOOD AND AGREED by and between the parties

hereto that the rental herein agreed to ba paid is an annual rental in the anent

of Fifty-three Thousand Dollars (453,000.00) of lawful =nay of Canada per annum

and that in consideration of the poefornence of the covenants of the Lesson relat-

ing to caretaking of the promisee knein as the Yonne Building and the superficial

area of the said lands the Lessor has allowed the LMOC40 credit againot the annual

rental aforesaid in the amount of Thirteen Thousand Dollars ($13,000.00) par annum.

IT IS PURIM UNDERSTOOD AND AGREED by and between the partite!

hereto that the obligation of the Lessee to repair herein oat forth and described

shall not extoad to and include loss or densge by fire and explcoiee.

IN WITNESS WHEREOF the Corpotate Saelo of the parties berets

have been hereunto affixed in the presence of their officals theraweto duly

authorized on the day and year fire: above written.

The Covporato Seel of UNIVERSITY OY ) VICTORIA yaw hereunto affixed in the) presence of: )

) ) ) ) ) ) ) )

11:3 C.:1'0=e Seel of =Az 07 ) scam TLUSTEES CI SCUOCI. DISUICT ) NO. 61 (CRCATE2 VICTO:71) was hero—) onto affixed in the pronanca of: )

) ) ) )

Vice-Cha rman ) ) )

•

) ) )

Secretary-Treasurer

INFORMATION ❑ FILE 7/DOCUMENT PAGE

• or c- LIWC

O NOT AVAILABLE AT TIME OF FILMING.

O DOES NOT EXIST.

El/OVERSIZE 0 PLAN ❑ POOR QUALITY

NOT SUITABLE FOR FILMING, REFER TO - Lft)

O THE FOLLOWING DOCUMENT IS OF POOR QUALITY,

ALSO RETAINED IN HARD COPY, REFER TO

PROVINCE OF B.C. DO NOT PHOTOCOPY/USE BLACK PEN.

ARS 077 90 Jan. U2 1751

SCHMIZ "E"

This is Schedule "B" eatexad to end foreine a part of the attached leeem, setting forth the peovisLomu governing the uoo, control, nainteacece and operetioa of the beating systems in the Young Building and Annex 6 by the Leaete for the puepose of heating buildings situate upon the demised preeisea and the Paul Building:

1. The Le0244, its earvents and agents, shell have le=3 to and 1

from the heating plante situate in the buildings known as the Yocute Building and

Annex 6 for the purpose of generating and supplying heat to the Ewing Deildine,!

the Paul Building oituete upon adjoining promisee and such other buildings on the

danised lands requiring boat from such plants.

2. The Leaser shall pay the coats of boating Annex 6 aforesaid and 1

the Lessee shall once in each month render an account for the cost of ouch beet-'

ing to the Lessor which shall be paid by the Lessor.

3. The Lessee shall be at liberty to use the said heating ayetene

in the Young Building sad Annex 6 to generate haat for the Ewing Building and the

Paul Building aforoesid and such other buildings on the demised premisee co shall

require heat and shall be responsible for and ahall pay the cost of day-to-day

eperation thereof and maintenance and upkeep of the acid heating plants and &hall

pay the coat of all fuel used therein and will provide qualified parsoue to eeorl

ate the heating plants and carry out the necessary deeming, lubricating and

general maintenance of oil burners, boilers, filters and ventilating equiement

and the Lessee will repair all damage to the said building keowa as the Young

Building and to Annex 6 caused by the negligent or imeroper uza by the Leases of

the said heating pleats and any damego occasioned to the said buildings as a

result of the negligent or improeor ens of any part of the said buildings for the

purpose of operating the said plants or caused by the employees, servants or

agents of the Lessee or a person deliveriag fuel or otherwise serving the purposes

of the Lessee in =unction with such heating but subject as hereinafter provided.

4. The Lessor vill repair the beating plan= as required upon any

breakdown thereof or malfunction, which breakdown or malfumetien shall be due to

wear and tear of inherent fault therein.

S. The Lessor shall, in ttivin:: the notice borcinhzfoza red:x.7.1:d

to on or before the let day of December, A.D. 195?, stacieg uhether or not it

will renew the term of the add Lcane for any period after the :Tea dee of Alm:,

A.D. 1968, also notify the Lenece whether or not it Vila ell:At the Lz..;.7ta czezzz

to and use of the heating plant in the Yeeng Building for any period of

•

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beyond the 30th day of June, A.D. 1968, PgOVIDED HOUMA that nothing ha rein

or LA the said Leese contained shall be conacruod to rsquira the Loosor to porni

the use of the said heatin: plant as aforesaid beyoud the 30th day of Juno, A.D.

1968.

se:Tr:117r "c"

Thin is Schedulo "C" to the =need Lease settieg forth the terra and =dittoes ureier which the Looses will act as care:Seer for the building mitt:eta on the demised preaseo known as the Young Building:

1. In conlidorativa of the sun of Thirteen Thveannd Dollars

($13.000.00) d lawful matey of Canada per sesta paid or occounted for in the

marinas sat forth in the enacted Loose, the Lessee in addition to ito other cove-

nants heroin given and in the said Lowe, agrees to act as caretaker for the

Young Building upon the cc editions hereinafter expel:I:med.

2. The L63040 shall carry out daily inspection of the buildings

and will report to tho Looser any danago so found to the tad building. The

L43004 shall not be responsible to repair any ouch dentga but ohall be ratpon—

sible for loos or damage occaziotod to the cad building as a result of the fa/1=e

of the Lesseo to report damege found as aforesaid.

3. Tho Loops* shall not be liable ea a bales for the oafety or

for any dosage dote to the contents of the said building, being the propety of

the L4430T, save for its liability in the event of a failure to report doesge

known to it as a result of inspection made ao herelobefore provided.

4. The Wear shall be at liberty at any time during the term of

the said Loose or any rancaa thereof to toe and occupy such parts of the Young

Building as it shall determine save and except that it 41411 not in such use

I interfere with the L46000 in the performance of its covenants relating to the use

of the said heating plant and shall be at liberty to litenze other ;creme, grcupe

or orgenisations from time to tiro to use ouch ports of the Young Building as it

shall dotonate and when and co often its tho Lector shall uce or posit the usa

of any part or parts of the said Ycr.ng Building it shall vaimbureo the Lenace for

any coot or expcmoe occasioned to the Lewes by such use over end eh= the cceto

to uhich the Legatee would have been put in the parforeemco of its =tenets in

the said Lease in the absence of ouch use and in the event that to amount of

ouch ranburoomont =not be agreed upon from tine to tine bete/ton the Lcacor and

the Lessee, the amount shell be detorninod by a angle oehttrater if such erhitre-

tor can he rgeted upon by the Ltecor and the Lenceo and falliec, a-,recnont by

arbitration in accordance with the proviolona of the A:hi:ratite Act of the rro...ince

of Beitich Coluebie in rospuct of which each of the pottieo hsreto •hall ap;cint

one nooio:o and the too an chosca ehall appoint a third and a etjority of the

throe arbitrators so chosen shall bind the portico hereto ca the gee:nice of re-