HomeMy WebLinkAboutLEG 03-15 c'ty 00 Report to
Executive Committee
I ERING
• Report Number: LEG 03-15
Date: February 9, 2015
From: Paul Bigioni
Director, Corporation Services & City Solicitor
Subject: D'Angelo (P.&G.) Homes Limited Lease Renewal
- 935 Dillingham Road, Pickering
- File: L-4100-002-14
Recommendation:
1. That Report LEG 03-15.respecting the City's lease renewal with D'Angelo (P.&G.)
Homes Limited at 935 Dillingham Road, Pickering be received;
2. That the term of the said lease be extended for an additional two years ending
March 31, 2017, and that a lease renewal letter be executed by the Mayor and City
Clerk substantially in the form set out in Attachment 1 to this Report; and
3. That the appropriate City officials be authorized to take the necessary actions to
implement these recommendations.
Executive Summary: The City leases approximately 4,400 square feet of space at
935 Dillingham Road, Pickering (the "Premises") from D'Angelo (P. & G.) Homes
Limited (the "Landlord"). The Premises are used by the City for vehicle and equipment
storage. The Premises are required because the existing Operations Centre lacks
sufficient storage space.
Financial Implications: The recommended lease renewal would obligate the City to
pay rent at a rate of$21,300.00 per year ($1,925.00 per month), plus applicable taxes,
for the two year term. The rental rate has not been increased.
Discussion: By a lease dated December 28, 2010, the City rented the
Premises from the Landlord for a term of four months. The purpose of the lease was for
the storage of vehicles and equipment. The additional storage space was necessary
because there was insufficient storage space available at the Operations Center. The
lease contained a renewal option for an additional three year term. The renewal option
was exercised and the term of the lease was extended to March 31, 2014, with a
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Report LEG 03-15 February 9, 2015
Subject: D'Angelo (P.&G.) Homes Limited Lease Renewal Page 2
renewal option for an additional year. The further one year renewal option was
exercised, and the lease term is now set to expire on March 31, 2015.
Staff anticipate that construction of the City's new Operations Centre will be completed
toward the end of 2016. In the interim, the additional storage space is still required.
9 p q
Staff therefore recommend that Council approve a further two year extension of the
term of the lease to accommodate the City's need for storage space until such time as
the new Operations Center is ready for occupancy.
The renewal term would be from April 1, 2015 to March 31, 2017 at the rate of$5.25 per
square foot. The total annual rent payable would be $23,100.00 plus applicable taxes.
To give effect to the foregoing, it is recommended that the City execute a lease renewal
letter substantially in the form set out in Attachment 1 to this Report.
Attachments:
1. Lease Renewal Letter
2. 2013 Lease Renewal Agreement
P - ,ared/Endorsed By:
Pau ':4i
Dir:cto Co 'orate Services & City Solicitor
PB:ks
Recommended for the consideration
of Pickerin. A Cou ci
, //
Tony Prevedel, P.Eng. .
Chief Administrative Officer
CORP0227-07/01 revised
16
ATTACHMENT# / TO REPORT# LE-67
of / 0 g.-6-
plAtigriocor m
Angelo(V&G)Anus Frnifeb
Pats web
January 21,2015
City of Pickering
One the Esplanade,
Pickering, Ontario,
L1V 6K7 .
Dear Sir or Madam:
RE: Unit#2-935 Dillingham Road, Pickering,Ontario
Lease extension with D'Angelo(P&G)Homes Limited
The Leased Premises is an area 4400 square feet. .
3rd Extended Term options $Per!sgft Yearly Monthly+TM1+HST
1.)April 1,2015 to March 31,2017 $5.25/sqft - $23,100.00 $1,925.00
4th Extended Option to Renew
Upon expiry of the term in 2017,the Tenant shall have an additional option to renew for two(1)
Year term at a rental rate to be negotiated at least six(6) months prior to renewal.
Additional Rent .
Estimated for 2015 CAM $9,591.96 $799.33
Estimated for 2015 Realty Taxes $7,656.00 $638.00
Common Area Maintenance and Realty Taxes are only estimated for 2015. Common Area
Maintenance and Realty Taxes are subject to adjustment on an annual basis based on actual
cost.All adjustments are made at our fiscal period April 30th and after accountants comments are
made.
L.M.R on Deposit as of November 13,2014 is$3,799.43
Our BN#is 86972 1837
Please advise us at your earliest convenience if these are acceptable terms.
Yours very truly,
D'Angelo P.&G.)Homes Limited . Corporation of the City of Pickering
f
Per: `,_/, 'tea Per.
Ras- ne Parete Name:
. Title: Date of acceptance
Upon acceptance we will prepare the extension agreement for execution.
If not renewing,we need to be advised no later than January 31st, 201.5
•
1255 TERWILLEGAR AVE.,UNIT 202,OSHAWA,ONTARIO L11 7A4 TEL:65-571-0085 FAX:905-571-4357 Email:dangelohomes @on.aibn.com
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Ws-61•
•
•
•
(2od) ATTACHMENT# TO REPORT#
Renewal Agreement • /
.of. ?
LEASE AGREEMENT •
THIS INDENTURE dated the 15th day of November,201-3.
•
•
BETWEEN: D'Angelo(P.&G.)Homes Limited •
a company Incorporated under the laws of the Province of Ontario.,
•
•
•
hereinafter referred to as`Landlord'
-and- •
• Corporation of The City of Pickering
• a company incorporated under the laws of the Province of Ontario.
hereinafter referred to as"Tenant
WHEREAS by the original Lease dated December 28th, 2010, D'Angelo (P: & G.) Homes
Limited, as Landlord,did lease to Corporation of the City of Pickering,as Tenant,the premises
municipally known as 935 Dillingham Road, Pickering, Ontario L1C•3W9 consisting ale ground
• floor of 4400 square,feet(the"Premises"or the"Demised Premises"),for a term ending April 30;
•
2011,herein attached as Appendix"I' •
•
AND WHEREAS the Lease,was further amended by Lease Renewal Agreement dated April 21a,
2011 between the Landlord and the Tenant,the said Lease,as amended,was further extended
for a three years term ending March 31,2014,herein attached as Appendix"II" •
AND WHEREAS the Lease contains second option to'renew for a one(1)further term of one(1)
year,and the Tenant is desirous of exercising its second option to renew the term ending March
31,2015 subject to certain amendments to the lease.
AND WHEREAS the original Lease Agreement and the aforesaid Lease Renewal Agreements as
amended from time to time by the agreements referred to hereinabove, is hereinafter collectively
referred to as the'Lease';
AND WHEREAS the parties hereto agree that the Lease is in full force and effect.
•
NOW THEREFORE BE IT AGREED BETWEEN THE PARTIES AS FOLLOWS: •
The term of the.Lease shall be amended and extended for a further term of one (1) year,
commencing April 1,2014 and each and every one of the provisions of the Lease are to remain in
full force and effect up to and including March 31,2015'save and except the parties hereto agree
to amend the Lease effective from April 1,2014 as follows:
•
1. . Delete the first paragraph of section 2 of the Lease and replace with the following:
•
TO HAVE AND TO HOLD the Demised Premises for and during a term of one (1)year to
• commence on April 1,2014 and thenceforth next ensuing and fully to be completed and ended on
March 31,2015(sometimes hereinafter referred to as'Second Renewal Period"). •
2. Delete the first paragraph of section 3 of the Lease and replace with the following:
YIELDING AND PAYING THEREFORE unto the Landlord, its successors and assigns(at such
place or places as the Landlord shall designate from time to time in writing)yearly and every year
throughout the Second Renewal Period hereby demised a Minimum Rent equal to:
•
•
DURING THE PERIOD APRIL 1.2014 TO MARCH 31.2015: •
A) TWENTY-THREE THOUSAND ONE HUNDRED DOLLARS ($23,100.00)
PER ANNUM PAYABLE IN EQUAL CONSECUTIVE MONTHLY
• INSTALLMENTS OF ONE THOUSAND NINE HUNDRED AND TWENTY-
FIVE DOLLARS-00/100($1,925.00)EACH,IN ADVANCE'ON THE FIRST •
DAY OF EACH MONTH..
•
18 •
2
3. For greater certainty;Harmonized Sales Tax(HST),and any new or replacement sales
tax or goods and services tax,is in addition to the payment of Rent,including Minimum Rent and
additional rent. The Tenant is responsible for and shall pay to the Landlord when Rent payments
are due,all HST and any replacement sales tax or goods and services tax thereon. Any and all •
references in the Lease to payment of GST,including,without limitation,with respect to payment
of GST in addition to any payment of rent,shall include any and all sales taxes including,without
limitation,GST and/or HST which came into effect on July 1,2010.
4. The parties hereby acknowledge and confirm that they have been advised to receive
Independent legal,tax and accounting advice and acknowledge that they have either obtained
such independent legal,tax and accounting advice and representation or have agreed to waive
the requirement thereof.
5. The parties acknowledge that they each have the right,power,and authority to execute
this Lease Agreement.
6. This Lease Agreement shall enure to the benefit and shall be binding upon the parties
hereto and their representatives,permitted successors and permitted assigns respectively.
7.. All other terms and conditions in the Lease,as previously amended,shall remain the
same,enure to the benefit of and be binding on the parties herein.
IN WITNESS WHEREOF THE PARTIES HERETO TO HAVE SET THEIR HANDS AND SEALS.
<C"
DATED at Oshawa,Ontario,this I`f day of 201-.c
Witness: • D'ANGELO(P.&G.)HOMES LIMITED
Name:Grace D'Angelo
Title: President
I have authority to bind the corporation.
DATED-at Pickering,Ontario,this day of.V Gam'n u (( ,201
CORPORATION OF THE CITY OF PICKERING
Witness:
Per
•
David Ryan,Mayo
Per. )
Debbie Shields,City Clerk:
We have the authority to bind this corporation.
2
19
•
Appendix "II" •
Lease Renewal Agreement
LEASE RENEWAL AGREEMENT
THIS INDENTURE dated the 21st day of April,2011,to be effective as of April 1`r,2011.
BETWEEN: D'Angelo(P.&G.)Homes Limited
a company incorporated under the laws of the Province of Ontario.,
hereinafter referred to as'Landlord'
•
-and-
Corporation of the City of Pickering
a company incorporated under the laws of the Province of Ontario.
hereinafter referred to as'Tenant'
WHEREAS by a Lease dated December 28th, 2010, D'Angelo (P. & G.) Homes Limited, as
Landlord, did lease to Corporation of the City of Pickering,as Tenant,the premises-municipally
known as 935 Dillingham Road,Pickering,Ontario L1C 3W9 consisting of a ground floor of 4400
square feet(the"Premises'or the'Demised Premises"),for a term ending April 30,2011,herein
attached as Appendix
AND WHEREAS the original lease contains one(1)option to renew for a.one(1)further term of
three(3)years,and the Tenant is desirous of exercising its first option to renew the term of the •
Lease,subject to certain amendments to the original lease.
AND WHEREAS the Tenant has requested to the Landlord to permit the Tenant to have an
additional option to renew for a further term of one(1)year and the Landlord has agreed to allow
the Tenant to have an additional term of one(1)year so that,provided that the Tenant is not in
default,the Tenant will have one(1)remaining option to renew for one(1)year,after the Tenant
has exercised its option to renew the Lease from April 1,2011 to March 31,2014,in accordance
with this Lease Agreement;
•
AND WHEREAS the original Lease Agreement and the aforesaid Lease Renewal Agreement as
amended from time to time by the agreements referred to hereinabove,is hereinafter collectively
referred to as the'Lease';
AND WHEREAS the parties hereto agree that the Lease is in full force and effect
NOW THEREFORE BE IT AGREED BETWEEN THE PARTIES AS FOLLOWS:
The term of the Lease shall be extended for a further term of three(3)years,commencing April 1,
2011 and each and every one of the provisions of the Lease are to remain in full force and effect.
up to and including March 31,2014 save and except the parties hereto agree to amend the Lease
effective from April 1,2011 as follows:
1; Delete the first paragraph of section 2 of the Lease and replace with the following:
TO HAVE AND TO HOLD the Demised Premises for and during a term of three (3)years to
• commence on April 1,2011 and thenceforth next ensuing and fully to be completed and ended on
March 31,2014(sometimes hereinafter referred to as'First Renewal Period').
2. Delete the first paragraph of section 3 of the Lease and replace with the following:
YIELDING AND PAYING THEREFORE unto the Landlord,its successors and assigns(at such
place or places as the Landlord shall designate from time to time in writing)yearly and every year
throughout the First Renewal Period hereby demised a Minimum Rent equal to:
DURING THE PERIOD APRIL 1.2011 TO MARCH 31.2014:
A) TWENTY TWO THOUSAND DOLLARS ($22,000.00) PER ANNUM '
PAYABLE IN EQUAL CONSECUTIVE MONTHLY INSTALLMENTS OF
ONE THOUSAND EIGHT HUNDRED AND THIRTY THREE DOLLARS-
33/100 ($1,833.33) EACH IN ADVANCE ON THE FIRST DAY OF EACH
MONTH.
20 ` 1
2
3. The fourth(4th)paragraph of Section 2 of the Lease Agreement is hereby deleted and the
following shall be inserted in its place:
(a) PROVIDED the Tenant is not in default in the observance and performance of
any of the covenants,provisos and agreements in this Lease on its part to be paid,observed and
performed of which due notice of default has been given by the Landlord to the Tenant at the time
of the Tenant's notice of election to,renew this Lease is given to the Landlord,the.Landlord will at
the expiration of the First Renewal Period,and upon the written request of the Tenant,mailed by
registered mail or delivered to the Landlord not later than September 30,2013 grant to the Tenant
a renewal for a further term of 12 month (hereinafter referred to as the "Second Renewal
Period")commencing April 1,2014 upon the same terms and conditions as are amended herein
save and except for the Minimum Rent,which minimum rent is to be agreed upon(the"Second •
Renewal Minimum Rent")for the Demised Premises. >
Notwithstanding anything contained herein to contrary, the Minimum Rent for the Second
Renewal Term shall be determined using the current fair market values for equivalent commercial
premises in the area where the Demised Premises are located; however, the Minimum Rent
during any portion of the Second Renewal Term shall not be less than the Minimum Rent paid
during the First Renewal Term.
In the event that the Landlord and the Tenant are unable to agree upon the Second Renewal
Minimum Rent,the same shall be determined by Arbitration in accordance with the provisions of
the Arbitration Act,1991,of Ontario,as amended.
Pending agreement of the parties as to the new Minimum Rent,or its determination by arbitration,
the Tenant shall continue to pay the Minimum Rent payable during the last year of the First
Renewal Period,and upon the new Minimum Rent being established shall forthwith adjust the
Minimum Rent retroactive to the commencement of the Second Renewal Period.
Notwithstanding anything contained in this section,the Minimum Rent shall be determined using
current fair market values for equivalent commercial premises in the area where the Demised
Premises as located.
Notwithstanding the above, if the Tenant does not provide the Landlord with written notice to
exercise the option to•renew as set out above,the Landlord shall advise the Tenant in writing in
which case the Tenant shall have a further ten(10)days from receipt of the Landlord's notice to
exercise its Lease renewal. •
4. For greater certainty,Harmonized Sales Tax(HST),and any new or replacement sales
tax or goods and services tax,is in addition to the payment of Rent Including Minimum Rent and
additional rent. The Tenant is responsible for and shall pay to the Landlord when Rent payments
are due,all HST and any replacement sales tax or goods and services tax thereon. Any and all
references in the Lease to payment of GST,including,without limitation,with respect to payment
of GST in addition to any payment of rent,shall include any and all sales taxes including,without
limitation,GST and/or HST which came into effect on July 1,2010.
5.. The parties hereby acknowledge and confirm that they have been advised to receive
independent legal, tax and accounting advice and acknowledge that they have either obtained
such independent legal,tax and accounting advice and representation or have agreed to waive
the requirement thereof.
6. The parties acknowledge that they each have the right,power,and authority to execute
this Lease Agreement
7. This Lease Agreement shall enure to the benefit and shall be binding upon the parties
hereto and their representatives,permitted successors and permitted assigns respectively.
8. All other terms and conditions in the Lease,as previously amended,shall remain the
same,enure to the benefit of and be binding on the parties herein. .
•
•
fir,
21
•
3
IN WITNESS WHEREOF THE PARTIES HERETO TO HAVE SET THEIR HANDS AND SEALS.
DATED at Oshawa,Ontario,this day of ! 2011.
Witness: D'ANGELO(P.&G.)HOMES LIMITED
/, ( i fi
xi-e-e- A LA-134'
NahGrace D'Angelo
Title: President
I have authority to bind the Corporation.
•
•
DATED at Pickering,Ontario,this 6 day of Dn a, ,2011.
CORPORATION OF THCITY OF PICKERING -
Witness: •
`.Per. ,
David Rya
•
Per. !J• h�3-�
Debbie Shields,City Clerk
We have the authority to bind this corporation.
3
•
•
•
22 - •
APPENDIX I
THIS INDENTTURE made the 28th day of December,2010.
•
IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT.
•
BETWEEN: -
D'ANGELO(P.&G.)HOMES LIMITED(Company incorporated under the laws of Ontario)
Hereinafter called the"Landlord",
OF THE FIRST PART;
-and-
CORPORATION OF THE CITY OF PICKERING
Hereinafter called the"Tenant"
OFTHE SECOND PART;
WITNESSETH:
Demise I. That in consideration of the rents,covenants and agreements hereinafter reserved and contained on
the part of the Tenant to be paid,observed and performed,the Landlord does hereby demise and lease unto
the Tenant that designated portion of the building erected,or to be erected,upon the lands and premises
known as 935 Dillingham Road,Pickering, Ontario, and being Municipally known as the Region of
Durham (hereinafter called the "Leased Premises" or "Demised Premises') containing an area of
approximately 4400 square feet,herein set out in Schedule"A",marked in red.
The legal description for the lands on which the Demised Premises on Plan con BF PT Lot 19,now RP
RD 139 Part 2 known as 933-941 Dillingham Road,Pickering,Ontario L1W 1Z7
The area of the Leased Premises means the area expressed in square feet of all floors in the Leased
Premises measured from the exterior face of the exterior walls,doors and windows,and from the centre
line of all interior walls separating the leased Premises from adjacent premises.
The Tenant shall have the right in common with the others entitled thereto to use the driveways
and parking areas appurtenant to the Building,provided the Landlord shall have the right from time to time
to make such changes and improvements or alterations as the Landlord may decide in respect of the
common outside areas,including the right to change the location and layout of the parking areas. All
common outside areas shall be subject to this Lease and the reasonable rules and regulations made from
time to time by the Landlord.
Term 2. To have and to hold the Leased Premises for and during the term of(4)Four months to be
computed from the 1" day of Jenrisry, 2011 and from the thenceforth next ensuing and fully to be
completed and ended on the 30th day of April,2011;with the option to renew for a further(1)one term of
(3)three years at a rate to be negotiated,subject to the provisions herein set after.Save and except the
period from December 22nd,2010 to December 31,2010 will be a gross rent free period.
Provided however, that if the Leased Premises, or any part thereof are not ready on the
commencement date of the term,due to the failure of the Landlord to complete construction or to make
available the services which it is hereby obligated to furnish,no part of the rent or only the proportionate
part thereof in the event the Tenant shall occupy a part of the Leased Premises shall be payable for the
period prior to the date when the entire Leased Premises are ready for occupancy,and the full rent shall
accrue only after such last mentioned date,and the Tenant hereby agrees to accept any such abatement of
rent in full settlement of all claims which the Tenant might otherwise have reason of the Leased Premises
not being ready for occupancy on the commencement date of the term.
Provided further,however,that when the Landlord has completed construction of the Leased '
Premises and made available the aforesaid services,the Tenant shall not be entitled to any abatement of
rent for any delay in occupancy due to the Tenant's failure to complete the installations and other work
required for its purposes,or due to any other reason,nor shall the Tenant be entitled to any abatement of
rent for any delay in occupancy if the Landlord has been unable to complete construction of the Demised
Premises by reason of the Tenant's failure to complete the installation and other work required for its
Purposes. .
THE PARTIES agree that the Tenant shall have the option to renew the Lease,upon expiry on the
term in 2011,for one(1)additional term of three(3)years. The rental during these renewed terms shall be
the fair market rent,to be agreed upon by the Landlord and the Tenant In the event that such agreement is
not reached within ninety(90)days prior to the end of the existing term,the matter shall be referred to
arbitration pursuant to the Arbitration Act of Ontario. The option to renew is to be exercised by the Tenant
in writing to the Landlord six(6)months prior to the expiration of the then existing term of the Lease.
jrg
1 tag'. c-x t 110 t 23
Ran 3. Yielding and paying therefore yearly and every year during the term hereby granted without any
deduction,defalcation,or set-off whatsoever,the sum of$22,000.00(Twenty-two Thousand Dollars—
xac/100)per annum of lawful money of Canada(based on annual rate of$5.00 per square foot of the Leased
Premises)payable in advance in equal consecutive monthly installments of$1,833.33(One Thousand Eight
Hundred and Thirty-three Dollars—33/100)during the term of January 1,2011 to April 30,2011.
Each on the first day of each month in each year during the term hereby granted,together with additional
rent hereinafter reserved in paragraph 7&Schedule"B'forming part of this lease agreement.
If the term commences on any day other than the first,or ends on any other day than the last day
of the month,rent for the fractions of a month at the commencement and at the end of the term of shall be
adjusted pro-rata
Use of
Premises 4. The Tenant shall have the rights to use and occupy the Leased Premises only for the storage of
Works Department equipment and related items and an office and for no other purpose,provided the •
Tenant,in the use and occupation of the Leased Premises and in the prosecution or conduct of any business
therein,shall comply with all requirements of all laws,orders,ordinances,rules and regulations of any
Federal,Provincial or Municipal authorities and with any direction or certificate of occupancy issued
pursuant to any law by any public officer or officers. The Tenant covenants that it will not use or permit to
be used any part of the Leased Premises for any dangerous,noxious or offensive trade or business,and will
not cause or maintain any nuisance in,at or on the Leased Premises,or cause or permit the Leased Premises
to be used for the purpose of any bankrupt,liquidation or auction sale.
Payment 5. All payments are required to be made by the Tenant under or in respect of this lease shall be made
to the Landlord at the Landlord's office at Unit#la,
1255 Terwillegar Ave
Oshawa,Ontario •
L1J 7A4
Or such agent or agents of the Landlord or at such other place as the Landlord shall hereafter from time to
time direct in writing to the Tenant
Deposit 6. Landlord acknowledges receipt of$3,559.12(Three Thousand Five Hundred & Fifty Nine
Dollars—12/100)from the Tenant to be held by the Landlord as security for the due performance by the
Tenant of all its covenants and obligations on its part herein contained and to be applied to the damages
resulting from default by the Tenant or any of its covenants and obligations hereunder,or towards the
payment of reduction of any claim of the Landlord against the Tenant;provided that the Tenant is not in
default or in breach of any of its covenants or obligations,and has not been declared bankrupt,then the
aforesaid deposit shall be applied on account of the last month's rent due hereunder.
Tenants 7. The Tenant covenants and agrees to and with the Landlord as follows:
(a) to pay rent as aforesaid;
(b) (I)The Tenant will(I)pay as additional rent to the Landlord or the taxing authorities as
the Landlord directs in each and every year during the Term and within the times
provided for by the taxing authorities all taxes,including local improvement rates,impost
charges or levies,rates,duties and assessments whether general or special,that may be
levied,rated,charges or assessed against the Leased Premises or any part thereof from
time to time on the basis of a separate assessment by any taxing authority, whether
federal, provincial, municipal, school or otherwise, and any taxes payable by the
Landlord which are imposed in lieu of;or in addition to any such real property-taxes;
(2)to pay the Landlord within ten(10)days after demands a Proportionate Share,(based
on a ratio,the numerator of which is the area of the Leased Premises and the denominator
of which is the total area of all leaseable premises in the building),of all taxes,including
local improvement rates impost charges or levies,rates,duties and assessments,whether
general or special that maybe levied,rated,charged or assessed against the parking areas,
entrances and exits,pedestrian walkways,roadways,service areas or any parts thereof
and any other common areas and facilities of in or appurtenant to the Building or any
part thereof from time to time and any taxes payable by the Landlord which are imposed
in lieu of or in addition to such,real property taxes;
(3)provide the Landlord within ten(10)days after demand with a copy of any separate
tax bills an separate notices of assessment for the Leased Premises;
(4)upon request,promptly deliver to the Landlord,receipts for payment of all such taxes
paid to any such taxing authorities,as aforesaid and furnish such other information in
connection therewith as the Landlord reasonably requires.
(II)If in any year during the Term,there is not a separate assessment made by any taxing
authority with respect to the Leased Premises,the Tenant shall pay,as additional rent in
each such year during the term and within ten(10)days after demand,to the Landlord,a
proportionate share(as herein before defined)of all taxes including local improvement
rates,impost charges or levies,rates duties and assessments,whether general or special
which may be levied, rated charged, or assessed against the Building, including all
leasable premises therein,and the lands on which the Building is situated and the parking
areas,entrances and exits,pedestrian walkways,roadways,service areas or any part eN,
24 2 a a _ �
thereof and all other common areas and facilities of in or appurtenant to the Building
and any taxes payable by the Landlord which are impose in lieu of or in addition to any
such real property taxes.
In case of paragraph 7(b)(1)
(2)and paragraph 7(b)(II),prior to the commencement of the term of this Lease and to
the commencement of each calendar year thereafter which commences during the term,
the Landlord shall estimate the amount of taxes and the Tenant's Proportionate Share
thereof as herein before set forth for the ensuing calendar year or(if applicable)broken
portion thereof as the case may be,to become payable under this Lease,and notify the
Tenant in writing of such estimates.The amount so estimated shall be payable in equal
monthly installments in advance over the calendar year or broken portion thereof in
question, each such installment being payable on each monthly rental payment date
provided in paragraph 2 hereof Notwithstanding anything herein contained to the
contrary,in the event that at the time when the payment of the dais taxes,interim or final,
installment or otherwise,is due,the Landlord shall not have on deposit a sufficient sum
to pay the full amount of such taxes,the Tenant shall forthwith upon demand pay its
Proportionate Share,as aforementioned,of the amount of any deficiency to the Landlord.
When the taxes for the calendar year or broken portion thereof in question become finally
determined,the Landlord shall recalculate the Tenants Proportionate Share accordingly.
If the Tenant has overpaid such Proportionate Share,the Landlord shall credit any such
excess paid as against any future amount to be paid(save with respect to the final lease
year when,in such event,the Landlord shall refund any excess paid),but is any balance
remains'unpaid, the Landlord shall fix monthly installments for the then remaining
balance of such calendar year or broken portion thereof such that,after giving credit for
installments paid by the Tenant hereunder on the basis of such estimate,the Tenant's
entire Proportionate Share will have been paid during such calendar year or broken
portion thereof but if for any reason the taxes are not finally determined within such
calendar year or broken portion thereof the parties shall make the appropriate re-
adjustment when such taxes become finally determined. Neither part may claim a re-
adjustment in respect of the Tenant's Proportionate Share of taxes based upon any error
of estimation,determination or calculation thereof unless claimed in writing prior to the
expiration of one year to which any taxes relate. The Tenant at all reasonable times prior
to the expiration of one year after the calendar year to which any taxes relate,upon
reasonable notice to the Landlord, shall be entitled to inspect.the Landlord's records
(including copies of tax bills)and statements pertaining to such taxes and the calculation
of Tenant's Proportionate Share.
•
Business (c)Tenant shall pay the Landlord,on demand as additional rent in the proportion that
Taxes on buildings area(based on outside measurements of buildings erected on the lands)all
Common business taxes,if any,from time to time payable by Landlord(or by any corporation that
Areas may provide the same)in respect of the parking areas,entrances,roadways,service areas,
or any part thereof from time to time. Tenant shall have a similar right to inspect
Landlord's records pertaining to such bnsinrss taxes as set forth in paragraph 7 (b)
hereof
Tenant's (d)Tenant shall pay,in each and every year during the term,as additional rent,and
discharge within twenty(20)days after same shall become due and payable,all taxes,
rates,duties,and assessments and other charges that may be levied,rated,charged or
assessed against or in respect of all improvements,equipment and facilities of the Tenant
on or in the Demises Premises(whether installed by the Tenant or by the Landlord on
behalf of the Tenant)and every tax and license fee in respect of any and every business
carry on thereon or therein in respect of the use or occupancy thereof by the Tenant(and
every subtenant or licensee),whether such taxes,rates,duties,assessments and license
fees are charged by any municipal,parliamentary,school or other body during the term
hereby drmised, and will indemnify and keep all loss, costs, charges and expenses •
occasioned by,or arising from any and all such taxes,rates,duties,assessments,license
fees and any all such taxes which may in future be levied in lieu of such taxes; and any
such loss,costs,charges and expenses suffered by the Landlord may be collected by the
Landlord as rent with all rights of distress and otherwise as reserved to the further
covenants and agrees that upon written request of the Landlord,the Tenant will properly
deliver to it for inspection receipts for payment of all taxes,rates,duties,assessments and
other charges in respect of all improvements,equipment and facilities of the Tenant in or
in the Demised Premises which were due and payable up to one month prior to such
Separate request,and in any event will furnish to the Landlord,if requested by the Landlord before
School the 21"day of October in each year covering payments for the proceeding
Taxes year. If the Tenant or any subtenant or licensee of the Tenant shall pay to the Landlord,
as additional rent,so soon as the amount of the separate school taxes are ascertained,any
amount by which the amount of the separate school taxes exceed the amount which
would have been payable for school taxes had such election not been made.
wicks (e)Tenant shall pay as the same become due respectively all charges for public and
private utilities,including without limitation water,gas,electrical power or energy,steam
or hot water used upon or in respect of the Demised Premises and for fittings,machines, •
apparatus,meters or other things leased in respect thereof and for all work or services '
performed by any corporation or commission in connection with such utilities.
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Appeal (f)Tenant shall have the right to contest,by appropriate legal proceedings,at its own
expense and so long as the Landlord is not involved in any cost, loss or penalty
•
whatsoever,the validity of any tax,rate(including local improvement rates),assessment
or other charges referred to in paragraph 7(b),(c),(d)or(e)hereof
Operating (g)In this paragraph 7(g)
(I) 'Operating Costs"means the total amount paid or incurred,regardless
of when payable,whether by Landlord or others on behalf of Landlord,
for operating and maintaining the building of which the Demised
Premises form a part as.a first-class industrial building so as to give
high character and distinction and shall include,without limiting the
generality of the forgoing,all monies paid or incurred to persons,firms,
companies or corporations employed in the maintenance of the said
building all costs of repairs required for such maintenance,the costs of
providing hot and cold water,electricity,gas,steam or other public or
private utility not otherwise payable by Tenant, the cost of window
cleaning, fire, casualty, liability and other insurance, telephone and -
other public utility costs,•of service contracts with independent
contractors,remuneration to manage agents,the cost of audit fees for
the calculation of rental adjustments under this Lease,the total cost of
operating, maintaining, cleaning (including snow and ice removal
and/or clearance), supervising, policing, repairing and replacing the
exterior parking areas,common areas,landscaped areas and facilities,
salaries, expenses'and costs applicable to the capital cost or
replacement of mechanical equipment within the building or
appurtenances thereof(if any)and all other expenses paid or incurred
by the Landlord in connection with the maintenance or operation and
management of the said building and the services connected herewith
including,but not limited to a management fee,
charged at the rate of fifteen percent
(15%)of all Operating Costs.
(II) "Proportionate Share"means the ratio which the area of the Demises
Premises bears to the total rentable area of the building of which the
Demised Premises form a part
During the term of this lease,the Tenant shall pay as additional rent to the Landlord its
Proportionate Share of Operating Cost Prior to the commencement of the term of this
lease and of the commencement of each fiscal period selected by the Landlord thereafter
which commences during the term,the Landlord shall estimate the amount of Operating
Costs and the Tenant's Proportionate Share of Operating Costs for the ensuing fiscal
period of(if applicable)broken portion thereof as the case may be,and notify the Tenant
in writing of such estimate. The amount so estimated shall be payable in equal monthly
installments in advance over the fiscal period or broken portion thereof in questions each
such installment being payable on each monthly rental payment date provided in
paragraph 3 hereof. The Landlord may from time to time alter the fiscal period selected,
in which case,and in the case where only a broken portion of a fiscal period is included
within the term,the appropriate adjustment in monthly payments shall be made. From
time to time during a fiscal period,the Landlord may re-estimate the amount of Operating
Costs and the Tenant's Proportionate Share thereof for.such fiscal period or broken
portion thereof,in which event the landlord shall notify the Tenant in writing of such re-
estimate and fix monthly installments for the then remaining balance of such fiscal period
or broken portion thereof such that,after giving credit for installments paid by the Tenant
on the basis of the previous estimate or estimates,the Tenant's entire Proportionate Share
of Operating Costs will have been paid during such fiscal period or broken portion
thereof As soon as practicable after the expiration of each fiscal period,the Landlord
shall make a final determination of Operating Costs and of the Tenants Proportionate
Share of Operating Costs for such fiscal period or(if applicable)broken portion thereof
and notify the Tenant,and the parties shall make the appropriate re-adjustment
Neither party may claim a re-adjustment in respect of the Tenant's Proportionate Share of
Operating Costs based upon any error of estimations,determination or calculation thereof
unless claimed in writing prior to the expiration of one year after the fiscal period to
which the Operating Costs relate. Upon request made within reasonable time after
receipt of each such notice,the Tenant shall be entitled to inspect a statement disclosing
in reasonable detail the particulars of Operating Costs and the calculation of the
Proportionate Share thereof and the books and records of the Landlord pertaining thereto.
Repel= (h)Tenant,at its own expense,shall maintain and keep the Demised Premises and every
part thereof in good order and condition and promptly make all needed repairs and
replacements including, but not limited to repairs and replacements to all fixtures,
machinery and equipment which are the property of the Landlord and contained in the
Demised Premises(reasonable wear and tear,and damage by fire lightning and tempest
only accepted)and,without limiting the generality of the foregoing,the Tenant shall keep
y
el)
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the Demised Premises well painted,clean and in such condition as a careful owner would
do.
Fairy to (i)That it shall be lawful for the Landlord and its agent,at all reasonable times during the
View said term,to enter the Demised Premises to inspect the condition thereof Where an
State of inspection reveals repairs are necessary.The Landlord shall give to the Tenant notice in
Repair writing and thereupon the Tenant will,within sixty(60)days from the date of deliver of
the notice,make the necessary repairs in a good and workmanlike manner and at its own
expense.
Compliance (j)That it will promptly comply with all requirements of all applicable statutes,laws,by-
with laws ate, laws,rules,regulations,ordinances and orders from time to time in force during the term
hereof whether municipal,parliamentary or otherwise,including all lawful requirements
of the local Board of Health,Police or Fire Departments and Municipal authorities,and
with every applicable regulation, order and requirement of the Canadian Fire
Underwriters Association,or any body having a similar function,or of any liability or fire
insurance company by which the Landlord and Tenant or either of them maybe insured
at any time during the term hereof
12555 (k)And further,that the Tenant will at the expiration or sooner determination of the said
Premises term,peaceably surrender and yield up unto the Landlord the said premises hereby.
in good demised with the appurtenances together with all buildings or erections which at any time
Repair during the said term shall be made therein or thereon,in good and substantial repair and
condition, reasonable wear and tear and damage by fire, lightning and tempest only
excepted.
Heating (1) To heat, at its own expense from heating equipment originally supplied by the
Landlord, the Demised Premises to a degree sufficient to protect the said Demises
Premises and their contents from damage by cold or frost,and to operate,maintain,repair
and/or replace,if necessary,at its own expense,the said heating equipment. In this
regard the Tenant will,at its own expense,obtain and keep in good standing during the
term of this lease a maintenance and service contract on the heating equipment issued by
an approved mechanical contractor,and shall supply the Landlord with a copy of such
contract.
Assignment (m)That it will not assign,sublet or part with possession of the Demised Premises or any
And part thereof or share the occupation of the Demised Premises or any part thereof without
Subletting the Landlord's written consent, which consent shall not be unreasonably withheld;
provided that no assignment, subletting, licensing or parting with possession of the
Demised Premises shall in any way release the Tenant,or any Guarantor hereof from its
or their obligations under the terms of this Lease.
Nuisance (n)That it will not do or omit or permit to be done or omitted upon or about the Demised
Premises anything which shall be or result in a nuisance or menace to the Landlord or
other tenants of the building of which the Demised Premises form a part.
Insurance (o)Tenant shall pay its proportionate share of the cost of insuring as more particularly set
forth in paragraph 7(g)hereof
In addition, the Tenant covenants and agreed that in the event the Tenant's use and
occupation of the Demised Premises,whether or not the Landlord has consented to the
same,causes any increase in premiums for fire and extended coverage insurance,rental,
boiler,casualty and other types of insurance carried by the Landlord form time to time on
the building of which the Demised Premises form a part,above the rate for the lease
hazardous type of occupancy legally permitted in the Demised Premises,the Tenant shall
pay the additional premium on the policies aforementioned caused by reason thereof In
such event,the Tenant shall also pay any additional premium on the rent insurance
policies that may be carried by the Landlord for the Landlord's protection against rent
lost through fire or other casualty.
If notice of cancellation shall be given respecting any insurance policy or any insurance
policy on the said building or any part thereof shall be cancelled or refused to be renewed
by an insurer by reason of the use of the occupation of the Demised Premises by the
Tenant whether or not the Landlord has consented to such use and occupation,the Tenant
shall forthwith remedy or rectify such use or occupation upon being requested to do so in
writing by the Landlord and if the Tenant shall fail to so forthwith,the Landlord may,at
its option,determine this Lease forthwith by leaving upon the Demised Premises notice
in writing of termination and thereupon rent and any other payment for which the Tenant
is liable under this Lease shall be apportioned and paid up in full to the date of such
determination of the Lease, and the Tenant shall immediately deliver up vacant
possession of the said premises to the Landlord.
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Additional Bills for additional premiums as aforementioned shall be rendered by the Landlord to the
Premiums Tenant at such times as the Landlord may elect,and shall be due from and payable by the
Tenant when rendered and the amount thereof shall be deemed to be and paid as
additional rent.
Plate Tenant agrees to replace,at its own expense,any plate glass or other glass that has been
Glass broken or removed during the term of the Lease or any renewal thereof and will during
the said term keep the plate glass fully insured,pay the premium for such insurance and
provide the Landlord with a certificate of such plate glass insurance.
Damage to (p)In the event of any damage to the Leased Premises by any cause,to give notice in
Leased writing to the Landlord of such damage forthwith upon the same becoming known to the
Premises Tenant.
Business Taxes etc., (q)Tenant agrees to pay all business taxes,if applicable,its own income taxes,capital
taxes,goods and services taxes,license fees,and any other taxes or fees imposed by any •
government authority having jurisdiction in respect of the business carried on by the
Tenant in and upon or by reason of their occupancy of the premises hereby demised.
Tenant's authority to Let (r)That the Tenant has good right,full power and absolute authority from the Landlord
the Demised Premises according to the true intent of this indenture.
•
Landlord's 8. The Landlord covenants and agrees to and with the Tenant as follows:
Covenants
Quiet (a)For.quiet enjoyment.
Enjoyment
Maintrnanrp (b)To maintain and keep in good repair(at the expense of the Tenant as set forth in
paragraph 7(g)hereof)the parking areas,common areas and landscaped areas;to provide
reasonably adequate snow clearance to permit ingress and egress to the Demised
Premises and parking areas.
Taxes (c) Subject always to the provision of paragraphs 7(b),(c)and(d)hereof;to pay all
taxes(including local improvement rates), rates, duties and assessments that may be
levied, rated, charged or assessed against the said lands and buildings in which the
Demised Premises are situate,and to pay all business taxes in respect of the common
areas(if any)as set forth in paragraph 7(c)hereof but excepting Tenant's taxes and
license fees as set forth in paragraph 7(d)hereof. •
Insurance (d)Subject always to the provisions of paragraph 7(g)and(o)hereof,to maintain in full
force and effect during the term of this Lease fire insurance with extended coverage
endorsement on the building in responsible insurance companies in an amount such as
would be carried by a prudent owner of a similar building.
Landlord's (e)That the Landlord has in it good right,full power and absolute authority to let the
Authority Demised Premises with appurtenances according to the true intent of this indenture.
To let
Seizure 9. It is hereby expressly agreed that,in case,without the written consent of the Landlord,
And Bankruptcy the Demised Premises shall become and remain vacant or not used for a period of thirty(30)days
while the same are suitable for use by the Tenant,or be used be any other person than the Tenant,
or in case the term hereby granted or any of the goods and chattels of the Tenant shall be at any
time seized or taken in execution or in attachment by any creditor of the Tenant,or the Tenant
shall make any assignment for the benefit of creditors or give any bill of sale without complying
with the Bulk Sales Act(Ontario),or become bankrupt or insolvent,or take the benefit of any Act
now or hereafter in force for bankrupt or insolvent debtors or any Order shall be made for the
winding up of the Tenant,then and in every such case the then current month's rent and the next
ensuing three(3)month's rent shall immediately become due and payable,and,at the option of the
Landlord, this Lease shall cease and determine and the said term shall immediately become
forfeited and void,in which event the Landlord may re-enter and take possession of the Demised
Premises was or were holding over after the expiration of the term without any right whatever.
No 10. It is hereby expressly agreed that notwithstanding the benefit of any present of future
Exceptions Statute taking away or limiting the Landlord's right of distress none of the goods and chattels of
For the Tenant on the Demised Premises at any time during the dais term shall be exempt from levy by
Distress distress for rent in arrears.
Public 11. It is hereby expressly agreed that the Landlord shall not in any event whatsoever be liable
Liability 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 Demised
Premises or for any loss or damage or injury to any property belonging to the Tenant or to its
employees or to any other person while such property is on the Demised Premises and, in
particular(but without limiting the generality of the foregoing),the Landlord shall not be liable for
any riamage to any such property caused by steam,water,rain or snow which may leak into,issue
or flow from any part of the said building or adjoining premises or from the water, steam,
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sprinkler or drainage pipes or plumbing works of the same or from any other place or quarter or
for any damage caused by or attributable to the condition or arrangement of any electrical or other
wiring or for any damage by anything done or omitted to be done by any Tenant..
lndemnificarion 12. It is hereby expressly agreed that the Tenant will indemnify and save harmless the
Of Landlord Landlord from and against all liabilities,fines,suits,claims,demands,costs and actions of any
kind or nature whatsoever to which the Landlord shall or may become liable for,or suffer by •
reason of any breach, violation or non-performance by the Tenant of any covenant, term or
provision hereof,or by reason of any injury,loss,damage or death resulting from,occasioned to
or suffered by any person or persons,or any property by reason of any act,neglect or default on
the part of the Tenant,or any of its agents,customers,employees,servants,contractors,licensees
or invitees,in or about the Demised Premises or any part violation,damage to property,loss, -
injury or death occurring during the term of this Lease shall survive any contrary notwithstanding.
Holding 13. It is hereby expressly agreed that,if the Tenant shall continue to occupy the Demised
Over Premises after the expiration of this lee e,with or without the consent of the Landlord,and
without any further written agreement,the Tenant shall be a monthly tenant at a monthly rental
herein reserved and otherwise on the terms and conditions herein set forth,except as to the length
of the tenancy.
In such case the Tenant agrees to give the landlord when terminating from the premises
not less than sixty(60)days written notice to vacate the premises,based on a calendar month,and
to be delivered to the Landlord's office at 1255 Terwillegar Ave.,Oshawa,Ontario L1J 7A4.
Overloading 14. It is hereby expressly agreed that the Tenant will not bring upon the Demised Premises or
any part thereof any machinery equipment,article or thing that by reason of its weight,size or use
might damage the floors of the Demised Premises and that if any damage is caused to the Demised
Premises by any machinery equipment,article or thing or by overloading or by any act,neglect or
misuse on the part of the Tenant or any of its servants,agents,employees or any person having
business with the Tenant,the Tenant shall forthwith repair the same or pay to the Landlord the
cost of making good the same.
Post-dates 15. The covenants to provide the Landlord on or before the commencement of each Lease
Year during the Tenn of this Lease or any renewal thereof with a series of two(2)post-dated
cheques for payment of the monthly rent plus HST owing under the term of this Lease.
Payments. 16. It is hereby expressly agreed that in the event of failure of Tenant to pay any taxes,rates,
Deemed insurance,premiums or other charges which it has herein covenanted to pay,the Landlord may
Rent pay the same and shall be entitles to charge the sums so paid to the Tenant who shall pay them
forthwith on demand;and Landlord,in addition to any other rights,shall have the same remedies
and may take for the recovery of all such sums as it might have and take for the recovery of rent in
arrears under the terms if this Lease;all such payments required to be made under the terms of this
Lease shall be deemed rent.
•
Evidence of Payment 17. It is It is hereby expressly agreed that the Tenant shall from time to time at the request of
the Landlord produce to the Landlord satisfactory evidence of the due payment by the Tenant of
all payments required to be made by the Tenant under this Lease.
No abatement of rant 18. There shall be no abatement from or reduction of the rent due hereunder,nor shall the
Tenant be entitled to damage,losses,costs or disbursements from the Landlord during the term
hereby created on, caused by or on account of fire,(except as above)water,sprinkler systems,
partial or temporary failure or stoppage of heat,light,elevator,live steam or plumbing services in
or to the said premises or building whether due to acts of God,strikes,accidents,the making of
alterations,repairs,renewals,improvements,structural changes to the said premises or buildings
or the equipment or systems supplying the said services,or from any cause whatsoever.provided
that the said failure or stoppage be remedied within a reasonable time damage with all reasonable
speed.
Event of Default 19. On each occurrence of default in the payment of Rent,the Tenant shall further pay to the
Landlord on demand in addition to the aforesaid interest an administration fee equal to the of(i)
Two Hundred Dollars($200.00)and ill two percent(2%)of the amount of Rent in default.
The Tenant shall pay to the Landlord forthwith upon demand all costs incurred by the
Landlord,including,without limitation,legal expenses on a solicitor and his client basis arising as
a result of any default in Tenant's obligations under the Lease.
N.S.F.cheques 20. The Tenant agrees that in the event any of its cheques payable to the Landlord are
returned by the bank marked"Insufficient Fund"(NSF),the Tenant will be liable to the Landlord
in the amount of$100.00 for each cheque.
Interest on Monies 21. All arrears of rent any monies paid by the Tenant hereunder shall bear interest at the rate
in Default which is two percent(2%)in excess of the current rate charged by the Landlord's bank for the
prime commercial lending rate from the time such arrear become due until payment of same to the
Landlord but only upon the demand of the Landlord..
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Loading and 22. It is hereby expressly agreed that all loading and unloading of merchandise,supplies,
Unloading materials,garbage and other chattels shall be affected only through or by means of such doorways
or corridors as the Landlord shall designate. .
Blocking access (i) The Landlord covenants and agrees that the access of the Tenant's premises is
not to be blocked or restricted in the event the Tenant herein notifies the Landlord that the
Tenants access is being blocked or restricted.The Landlord shall immediately have a
towing company monitor and remove the vehicle causing the block or restriction at the
vehicle owner's expense.If the Tenant is blocking any access to or fore from the building
the same will apply as mentioned above.
Refuse 23. It is hereby expressly agreed that the Tenant will keep the Demised Premises and every
part thereof in a clean and tidy condition and will not permit waste paper,garbage,ashes or waste
or objectionable material to accumulate thereon.
Demised 24. It is hereby expressly agreed that whenever in this Lease reference is made to the
Premises Demised Premises or leased premises it shall include all structures,improvements and erections in •
Defined or upon the Demised Premises or any part thereof from time to time.
•
Fixtures 25. Provided all rent due or to become due under the terms of this Lease is fully paid,Tenant
may remove its fixtures;provided further that the Tenant shall not remove or carry away from the
Demised Premises any building or any plumbing,heating or ventilating further that the Tenant
shall make good any damage caused by such removal of fixtures.
Re-entry 26. Proviso for re-entry by the said Landlord on non-payment of rent or non-performance of
covenants.
The above powers may be exercised,whether demand for the rent has been made or not. Provided •
that notwithstanding anything herein before contained,the Landlord's right of re-entry hereunder
for non-payment of rent,non-performance of covenants,seizure or forfeiture of the said term shall -
become exercisable immediately upon such default being made. Provided further that upon such
re-entry by the Landlord under the terms of this paragraph or any other provision or provisions of
this Lease,the Landlord may,in addition to any other remedies to which the Landlord may be
entitled,at its option,at any time and from time to time re-let the Demised Premises or any part or
parts thereof for the account of the Tenant or otherwise and receive and collect the rents therefor,
applying the same first to the payment of such expenses as the Landlord may have incurred in
recovering possession of the Demised Premises,including legal expenses and solicitor's fees and
for putting the same into good order or condition or preparing or altering the same for re-rental
and all other expenses,commissions and charges paid,assumed or incurred by the Landlord in or
about re-letting the premises and then to the fulfillment of the covenants of the Tenant hereunder.
Any such re-letting herein provided for may be for the remainder of the term as originally granted
or for a longer or shorter period. In any such case and whether or not the Demised Premises or
any part thereof be re-let,the Tenant shall pay to the Landlord the rental hereby reserved and all
other sums required to be paid by the Tenant up to the time of termination of the Lease or of
recovery of possession of the Demised Premises by the Landlord, as the case may be, and
thereafter the Tenant covenants and agrees,if required by the Landlord,to pay to the Landlord
until the end of the term of this Lease the equivalent of the amount of all rentals hereby reserved
and all other sums required to be paid by the Tenant hereunder,less the net avails of re-letting,if
any,and the same shall be due and payable by the Tenant to the Landlord on the days herein
provided for payment of rental the Tenant shall pay to the Landlord the amount of the deficiency
then existing.
•
Inspect 27. Provided that during the term hereby created any person or persons may inspect the said
Premises premises and all parts thereof at all reasonable times,on providing a written order to that effect
signed by the Landlord or its agents.
Notices 28. Provided that the Landlord shall have the right during the term of this Lease to place
For Sale upon the Demised Premises a notice stating that the Demised Premises are not for sale and shall,
Or To Let within three(3)months from the termination of the said term,have the right to place upon the
Demised Premises a notice stating that the Tenant will not remove such notice or permit to be
removed.
Removal 29. Provided that in case of removal by the Tenant of goods or chattels of the Tenant from
Of good off the premises,the Landlord may allow the same for thirty(30)days in the same manner as is
provided for in the Tenant Protection Act ILO June 17,1998
Alteration, 30. That if the Tenant shall during the said term desire to the affix or erect partitions, •
Partitions Etc., counters,or fixtures in any part of the walls,floors or ceilings or the Demised Premises,
it may do so at its own Expense at any time and from time to time provided that the
Tenant's right to make such alterations to the Demised Premises shall be subject to the
following conditions:
(a) That before undertaking any such alterations,the Tenant shall submit to the Landlord
a plan showing the proposed alterations and shall obtain the approval and consent of
the Landlord to the same.
(b) That all such alterations shall conform to all building by-laws,if any of them in force
• affecting the Demised Premises.
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(c) That such alteration will not be of such kind or extent as to in any manner weaken
the structure of the building after the alterations are completed or reduce the value of
the building.
(d) That,except as herein provided the Tenant will not erect or affix or remove or
change the location or style of any partitions or fixtures,without the written consent
of the Landlord being first had and obtained.
Improvements 31. Any alteration,erection or improvement placed or erected upon the Demised Premises
shall become a part thereof and shall not be removed and shall be subject to all the provisions of
this Lease. No alteration,erection or improvement shall tie made or erected upon the Demised
Premises without the prior written consent of the Landlord.
Protective 32. The Tenant agrees to pay the costs of any installations,additions or alterations to the said
premises that the Landlord may be required to make by any Municipal, Provincial or other
governing authority,or requested by any private protective system used by the Tenant,for the
security and protection of the Tenant and his employees and his or their effects including but not
so as to limit the foregoing installations,additions or alterations for fire and theft protection and
all such installations,additions,or alterations shall forthwith become the property to the Landlord.
Fin 33. Provided, and it is hereby expressly agreed, that if and whenever during the hereby
demised the building of which the Demised Premises form a part shall be destroyed or damaged
by fire,lightning,or tempest,or any of the perils normally insured against under the provisions of
standard extended coverage fore insurance policies,then,and in every such event
(a)If the damage or destruction of the building of which the Demised Premises form a
part renders seventy-five(75%)or more of the said building wholly unfit for occupancy
or impossible or unsafe for use and occupancy,the Landlord may,at its option,terminate
this Lease by giving to the Tenant notice in writing of such termination,in which event,
this Lease and the term hereby demised shall cease and be at an end as of the date of such
destruction or damage,and the rent all other payments for which the Tenant is liable
under the terms of this Lease shall be apportioned and paid in full to the date of such
destruction or fire.
(b)If the damage or destruction is such that the portion of the building hereby demised is
rendered wholly unfit for occupancy or it is impossible or unsafe to use and occupy it and
if in either event the damage,in the opinion of the Landlord to be given to the Tenant
within thirty(30) days of the happening of such damage or destruction, cannot be
repaired with reasonable diligence within one hundred and eighty days(180)from the
happening of such damage or destruction,then either the Landlord or the Tenant may,
within five(5)days next succeeding the giving of the Landlord's opinion as aforesaid,
terminate this Lease by giving to the other notice in writing of such termination,in which
event this Lease and the term hereby demised shall cease and be any end as of the date
of such destruction or damage and the rent and all other payments for which the Tenant is
liable under the terms of this Lease shall be apportioned and paid in full to the date of
such damage or destruction;in the event that neither the Landlord nor the Tenant so
terminated this Lease,then the Landlord shall repair the said building with all reasonable
speed and the rent hereby reserved shall abate from the date of the happening of the
damage until.the damage shall be made good to the extent of enabling the Tenant to use
and occupy the Demised Premises.
(c)If the damage be such that the portion of the building hereby demised is wholly unfit
for occupancy or if it is impossible or unsafe to use or occupy it but if in either event the
damage,in the opinion of the Landlord to be given to the Tenant within thirty(30)days
from the happening of such damage,can be repaired with reasonable diligence within one
hundred and eighty(180)days from the happening of such damage then the rent hereby
reserved shall abate from the date of the happening of such damage until the damage
shall be made good to the extent of enabling the Tenant to use and occupy the Demised
Premises and the Landlord shall repair the damage with all reasonable speed.
(d)If in the opinion of the Landlord the damage can be made good as aforesaid within
one hundred and eighty(180)days of the happening of such damage or destruction and
the damage is such that the portion of the building hereby demised is capable of being
partially used for the purposes for which it is hereby demised,then until such damage has
been repaired,the rent shall abate in the proportion that the part of the portion of the
building hereby demised is rendered unfit for occupancy bears to the whole of the said
portion of the building hereby demised and the Landlord shall repair the damage with all
reasonable speed.
Expropriation 34.. It at any time during the term hereby demised,any public body or paramount authority
shall take or expropriate a portion of the common areas and facilities referred to in this Lease or
any portion of the Demised Premises not covered by buildings or structures,or shall take or
expropriate and easement or right under license in the nature of an easement over,upon or under a
portion of the said lands,and such taking or expropriation does not materially affect the Tenant's
use or enjoyment of the Demised Premises, then the whole of the compensation awarded or
9. 31
• . a
settlement for the lands so taken or expropriated,whether fixed by agreement or otherwise shall be
paid to or received by the Landlord and the Tenant hereby assigns,transfers and sets over unto the
Landlord all the rights,title and interest of the Tenant therein and thereto,and this Lease shall
thereafter continue in effect with respect to the Demised Premises without any abatement of rent
In the event that the taking or expropriation does materially affect the Tenant's use or enjoyment
of the Demised Premises,the whole of the compensation awarded or settlement,whether fixed by
agreement or otherwise,for the said lands so taken or expropriated,shall nevertheless be paid to
the Landlord,but the rent thereafter payable by the Tenant shall abate accordingly,and,in addition
• thereto,after payment of the amount to which the Landlord is entitled as aforesaid,the Tenant
shall be•entitles to that portion of the award or compensation granted by the expropriation body
relating or attributable to the Tenant's leasehold improvements so taken or expropriated. •
If the Landlord and the Tenant shall be unable to agree,within thirty(30)days after the amount of
compensation,award or settlement as aforesaid has been fixed, as to whether such taking or
expropriation materially affects the Tenant's use or enjoyment of the Demised Premises or as to
the extent to which the rent shall abate,then the same shall be determined by a single arbitrator,if
the parties can agree on one,and,failing such agreement,by a board of arbitration composed of
three arbitrators,one to be chosen by each of the parties hereto and the third to be chosen by the
two arbitrators selected by the parties. The determination of a majority of such arbitrators to
arbitration shall be carried out under the provisions of The Arbitration Act of Ontario.
In the event that such taking or expropriation so affects the Demised Premises as not to terminate
this Lease but as to require the reconstruction or replacement of some portion of the Demised
Premises,such reconstruction or replacement shall be carried out at the Landlord's expense in a
good and workmanlike manner and as expeditiously as reasonably practicable,provided the cost
thereof does not exceed the amount of the compensation awarded or fixed by agreement
otherwise.
Remodeling&Sale 35. In the event of the Landlord desiring at any time during the term,or any renewal thereof,
to remodel the said building,or any part thereo or take down the said building,the Tenant will
• on receiving six months'notice in writing,surrender this lease and all the remainder of the term,if •
any,then yet to come and unexpired,as from the day mentioned in such notice,and will subject
nevertheless to the provisions hereinafter contained thereupon,vacate the premises and yield up to
the Landlord the peaceable possession thereof. It is understood that the said six months'notice
need not expire at the end of any year or at the end of any month,and in the event of the day fixed
for termination of the lease expiring on some other day that the last day of a month,the rent for
such month shall apportioned for the broken period.
Ae mowledgement 36. The Tenant agrees that it will at any time or times during the Term,upon being given at
By Tenant least forty-eight(48)hours prior written notice,execute and deliver to the Landlord a statement in
writing addressed to the Landlord, any actual or proposed mortgagee, purchases, lessee or
assignee,as requested certifying.
• a) that this Lease is unmodified and is in full force and effect (or if modified stating the
modifications and confirming that the Lease in full force and effect as modified); •
b) the amount of Rent being paid;
c) the dates to which Rent has been paid
d) other charges payable under this Lease which have been paid;
e) particulars of any prepayment of rent or security deposits;and
I) particulars of any sub,tenancies •
Impossibility 37. It is understood and agreed that whenever and to the extent that the Landlord shall be
or unable to fulfill or shall be delayed or restricted in the fulfillment of any obligation hereunder in
Performance respect of the supply or provision of any service or utility or the doing of any work or the making
of any repairs by reason of being able to obtain material,goods,equipment,service or labour
required to enable it to fulfill such obligation,or by reason of Statute,law or Order in Council,or
any regulation or Order passed or made pursuant thereto, or by reason of the Governmental
Department or Office,or other authority required by thereby,or by mason of any other cause
beyond its control,whether of the foregoing character or not,the Landlord shall be relieved from
the fulfillment of such obligation and the Tenant shall not be entitled to compensation for any
inconvenience,nuisance or discomfort thereby occasioned.
•
Assignment .38. Landlord declares that it may assign its rights under this Lease to a lending institution as
By Landlord collateral security for a loan to the Landlord and in the event that such an assignment is given to
the Tenant by or on behalf of the Landlord,it is expressly agreed between the Landlord and the
Tenant that this Lease shall not be cancelled or modified for any reason whatsoever except as
provided for,anticipated or permitted by the terms of this Lease by law,without the consent in
writing of such lending institution.
The Tenant covenants and agrees with the Landlord that it will, if and whenever reasonable
required by the Landlord and at the Landlord's expense,consent to and become a party to any
instrument relating to this Lease which may be required by or on behalf of any purchaser,bank or
mortgagee from time to time of the said premises,provided always that the rights of the Tenant as
herein before set out be not altered or varied by the terms of such instrument or document
dlip /
3 2 10 :tom i n�
r
Subordination 39. Provided that this Lease and everything herein contained shall be deemed to be
subordinate to any charge or charges from time to time created by the Landlord with respect to the
building of which the Demised Premises form a part,by way of mortgage,and the Tenant hereby
covenants and agrees by the Landlord during the term hereof execute all documents and give all
further assurances to the holder or holders of such charges; provided however that no such
subordination by the Tenant shall have the effect of permitting the holder or holders of any
mortgage or lien or other security to disturb the occupation and possession by the Tenant of the
Demised Premises,so long as the Tenant shall perform all of the terms,covenants,conditions,
agreements and provisions contained in this Lease. •
limitation • 40. The term"Landlord"as used in this Lease so far as covenants or obligation on the part of
Of landlord the Landlord are concerned shall be limited to mean and include only the owner or owners at the
liability time in question of the demised premises,in the event of any transfer or transfers or ownership,
the Landlord herein named,and in case of any subsequent transfers or conveyances,the then
vendor or transferor,shall be automatically feed and relieved from and after the date of such
transfer or conveyance,of all personal liability as respects the performance of any covenants or
obligations on the part of the Landlord contained in this Lease thereafter to be performed provided
that;
(a)Any funds in the hands of such Landlord or the then vendor or transferor at the time
of such transfer in which the Tenant has an interest,shall be turned over to the purchaser
or transferee,and any amount then due and payable to the Tenant by the Landlord or the
then vendor or transferor under any provision of this Lease shall be paid to the Tenant;
and
(b)Upon any such transfer,the purchaser or transferee shall be deemed to have assumed,
subject to the limitations of this paragraph,all of the terms,covenants and conditions in
this Lease contained to be performed on the part of the Landlord;it is being intended
hereby that the covenants and obligations contained in this Lease on the part of the
Landlord shall subject as aforesaid,be binding on the Landlord, its successors and
assigns,only during and in respect of their respective successive periods of ownership.
Liens 41. If any mechanic's or other liens or order for the payment of money shall be filed against •
the Demised Premises by reason, or arising out of any labour or material, work or service
furnished to the Tenant or to anyone claiming through the Tenant,the Tenant shall,within fifteen
(15) days after notice to the.Tenant of the filing thereof cause the same to be discharged by
bonding,deposit,payment,Court Order or otherwise. The Tenant shall defend all suits to enforce
such lien or Order whether against the Tenant or the Landlord at the Tenant's own expense. The
Tenant hereby indemnifies the Landlord against any expense or damage as a result of such lien or
order.
Signs 42. The Tenant shall have the right from time to time during the term hereof to erect,paint
display,maintain,alter,change or renew advertising signs on the exterior and interior walls of the
Leased Premises;provided all such signs shall be dignified in appearance and shall be subject to
the consent in writing of the Landlord,such consent not to be unreasonably withheld;provided
further all such signs shall comply with the requirements of municipal and governmental
authorities.
Rule 43. The Tenant covenants'with the Landlord that the Tenant and its employees and all
And persons visiting or doing business with them on the on the Demised Premises shall be bound by
Regulations and shall observe and perform and reasonable rules and regulations made by the Landlord of
which notice in writing shall be given to the Tenant and all such Rules and Regulations shall be
deemed to be incorporated in and form any part of this Lease,herein set out in Schedule"C"
Notices 44. Any notice,request or demand herein provided for or given hereunder,if given by the .
Tenant to the Landlord shall be sufficiently given if mailed by registered mail,postage prepaid,to.
the Landlord at Unit 1A, .
1255 Terwillegar Avenue,
Oshawa,Ontario L11 7A4
Or fax to(905)571-4357
Any notice herein provided for or given herein under given by the Landlord to the Tenant
shall be sufficiently given if mailed as aforesaid addressed to the Tenant as follows:
City of Pickering
One the Esplanade .
Pickering,Ontario
LIV 6K7
. Attn:Legal Department
•
Any notice mailed as aforesaid shall be conclusively deemed to have been given on the
next business day following the day on which such notice is mailed as aforesaid. Either Landlord
or Tenant may,at any time,give notice in Writing to the other of any change of address of the
party giving such notice. From and after giving such notice,the address therein specifies shall be
deemed to be the address ofsuch party for the giving of such notice thereafter.
w2.)
11
( N 33
•
Waiver of 45. The failure of the Landlord to insist upon a strict performance of any of the agreements,
Breach terms,covenants and conditions hereof shall not be deemed a waiver of any rights or remedies that
the Landlord may have and shall not be deemed a waiver of any subsequent breach or default in
any such agreements,terms,covenants and conditions.
Net Lease 46. It is the intention of this Lease that the said rentals herein provided to be paid shall net to
the Landlord and clear of all taxes(except the Landlord's income taxes),costs and charges arising
from or relating to the Demised Premises and that the Tenant shall pay all charges,impositions
and expenses of every nature and kind relating to the Demised Premises and the Tenant covenants
with the Landlord accordingly.
Gender and 47. Words importing the singular number only shall include the plural and vice versa;words
Number importing the masculine gender shall include the feminine gender and vice versa; and words
importing persons shall include firms and corporations and vice versa.
Headings 48. The division of this agreement into sections and subsections and schedules and the insertion
of headings are for convenience of reference only and shall not affect the construction,intent or
interpretation of this agreement The section,subsection and schedule headings in this agreement
are not intended to be full or precise descriptions of the text to which they refer and are not to be
considered part of this agreement.
49. This indenture and everything herein contained shall extend to and bind and endure to the
benefit of the respective heirs,executors,administrators,successors and assigns(as the case
may be)of each and every of the parties hereto,subject to the consent of the Landlord being
obtained,as herein before provided,to any assignment or sublease by Tenant. All covenants
herein contained shall be deemed to be joint and several and all rights and powers reserved to
the Landlord may be exercised by either Landlord or its agents or representatives.
Mechanical 50. The Landlord warrants that all heating,plumbing,electrical,lighting and mechanical
installations systems will be in good repair and working order as of the date set for occupancy.
structural 51. The Landlord shall be responsible for major structural repairs,including those to the
Repairs walls,roof and floors unless damages are caused by the Tenant,its employees,contractors,agents, •
invitees or licensees. •
Environmental 52. The Landlord warrants that to the best of their knowledge,the premises does not contain
nor has it ever contained asbestos, PCB's (other than in any older light ballasts), urea
formaldehyde foam insulation or any other hazardous substance as defined by the Environmental
Protection Act of Ontario. The Tenant shall not permit any such material(s)to be brought onto the
Leased Premises.
•
Independent Legal
Advice 53. The Tenant represents and acknowledges that they have received independent legal
advice prior to signing this lease agreement
54. Set out in Schedule"I)",are obligations of the Landlord,known as Landlord's work,
herein forming part of this Lease agreement
55. Set out in Schedule"E",are obligations of the Tenant,known as Tenant's work,herein
forming part of this Lease agreement
56. A Rider consisting of two pages with paragraphs numbered consecutively"Rider 1"and
"Rider 2"is attached hereto and forms part of this Lease agreement
Guarantor 5,11—(a) :manta r----Irn-eensideratten-ef-the-gum-of pae-d .. .. ..._ _ .
Landlord to the Guarantor(s) and other valuable consideration the receipt wh • . is
acknowledged,the guarantor covenants with the Landlord that the Tenant shall dul = orm and
observe every covenant,proviso,condition and agreement in this Lease on the •.. of the Tenant
to be performed and observed,including the payment of rent and all oth • yments agreed to be
paid of payable under this Lease on the days and at the times and' manner herein specified,
and that if default is made by the Tenant,whether in payment rent or other sums from time to
time failing due hereunder as and when they become d payable or in the performance or
observance of any of the covenants,provisos, or agreements which under the terms of
this Lease are to be performed,or observed b Tenant,the Guarantor(s)shall forthwith pay to
the J Anrllord on demand the rent and o . sums in respect of which default has occurred and all
damages that may arise in cons .t. of the non-observance or non-performance of any of the
covenant,provisos,conditio. agreements.
(b)Enforcement. °.a Guarantor(s)covenants with the Landlord that the Guarantor(s)is jointly
and several} ..and with the Tenant for the fulfillment of all obligations of the Tenant under this
J race .. the enforcement of its rights hereunder the Landlord may proceed against the
G .- 'fibe-Guarau rmmder.
•ta./") .
0 • (
34 12 lO1 te2C l� Fti
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(o3_3. : t A _.... . .. _+ ..• .• r•.11 •1 ►..•i•1• • • . •Yom.. :1':ILIA 1.
Tenant or to proceed against or to exhaust any security held from the Tenant or to pursue an .11 er
remedy,which is available to the Landlord before proceeding against the Guarantor(s).
(d)Non-Waiver. No neglect or forbearance of the Landlord in endeavouring to•. .',payment of
the rent or other payments required be made under the provisions of this when they become
due,no delay.of the Landlord in taking any steps to enforce p .., or observance of the
- covenants,provisos or conditions contained in this Lease to be ..., ormed or observed by the
Tenant,no extension or extensions of time which may be given••the Landlord from time to time
. to the Tenant,and no other act or failure to act by the :..t. .releases,divch>+rges or in any way •
reduces the obligations of the Guarantor(s)under the: : :.tee contained in this paragraph 4.
(e)Termination. In the event of termination o I,'. Lease,except by surrender accepted by the
Landlord,or in the event of disclaimer of :- pursuant to any statute,then at the option of
the Landlord the Guarantor(s)shall ex-.- a new Lease of the premises between the Landlord as
Landlord and Guarantor(s)as T .:.i fora term equal in duration to the residue of the term
remaining not expired at the da• of termination or disclaimer. The Lease shall contain the same
Landlord's and Tenant's ob':ations and the same covenants,provisos,agreements and conditions
in all respects(includin• ..a provisos for re-entry)as are contained in this Lease.
(f)Application . The Guarantor(s)submits to the jurisdiction of the courts of the Province of
Ontario in:..action of proceedings by the Landlord to enforce its rights hereunder..
(g) ..ependent Legal Advice: The Guarantor(s)represent and knoedge that they have received
IN WITNESS WHEREOF the parties hereto have executed these presents. .
•
SIGNED,SEALED AND DELIVERED
D'ANGELO(P.&G.)HOMES LIMITED
In the presence of)
Per. 7,tit-t N (.-
4 Grace D'Angelo
�1‘+ President
I have the authority to bind the corporation
•
III
• WITNESS) - CORPORATION OF THE CITY OF PICKERING '
Per 0 // I, •
Tony Prevedel
I have the authority to bind the corporation
I
13 GA
tea. 5e c 35
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•
•
SCHEDULE"B"
FORMING PART OF THIS LEASE AGREMENT DATED December 28,2010
Term: January 1,2011 to April 30,2011
BETWEEN: D'ANGELO(P.&G.)HOMES LIMITED as Landlord
-and-
THE CORPORATION OF THE CITY OF PICKERING as Tenant
FOR PREMISES KNOWN AS: 935 Dillingham Road,Pickering,Ontario
Yearly Monthly
Basic Rent $22,000.00 $1,83333
Common Area Maintenance $ 9,108.00 $ 759.00
Realty Taxes $ 6.688.00 $ 557.34
SUB TOTAL $37,796.04 $3,149.67
Plus H.S.T. $ 4.913.52 $ 409.46
TOTAL $42,709.56 $3,559.12
The above computations are approximate figures only from January 1,2011 to April 30,2011
(save and except Basic rent from January 1,2011 to April 30th,2011)Therefore,upon
accumulation and payment for our fiscal period ending April,2011.The total amount of expenses
' will be determined at each of our fiscal periods.
The Tenant will then receive a statement of adjustment for that fiscal period,if any amounts owing
due to miscalculations as per Schedule"B",will be payable upon receipt.
The attached Schedule"B"are only approximate figures only and are NOT to be judged as actual
figures until our accountants comments are made.For the remaining years of the Term of the
Lease,these calculations will be revised based on paragraph 3&7 of the Lease agreement and the
procedure outlined hereinabove.
•
14 _ 37
SCHEDULE“C" -
•
SCHEDULE OF RULES AND REGULATIONS FORMING PART OF THE WITHIN LEASE
•
1. The sidewalks,entrances,elevators,stairways and corridors of the Building shall not be obstructed by
any Tenants or used by them for any other purpose than for ingress and egress to and from their respective
offices,and no Tenant shall place or allow to be placed in the hallways,corridors or stairways any waste •
paper,dust,garbage,refuse or any thing whatever that shall tend to make them appear unclean,untidy or
filthy,
2. The floors,skylights and windows that reflect or admit light into passageways or in to any place in
the said Building shall not be covered or obstructed by any of the Tenants,and no awnings shall be put over
any window;the water closets and other water apparatus shall not be used for any purpose other than those •
for which they were constructed,and no sweepings,rubbish,rags,ashes or other substance shall be thrown
therein,and any damage resulting to them from misuse shall be borne by the Tenant by whom or by whose
employee the damage was caused.
3. In the event that the Landlord provides and installs a Public Directory Board inside the main entrance
to the Building,the Tenants'name or names shall be placed on the said Board at the expense of such
Tenant or Tenants,same to be charged to the Tenant or Tenants in the month's bill for rent next rendered,
and shall be recoverable as rent.
4. All window signs,interior signs and signs on glass doors must be approved in writing by the Landlord
before the Tenant engages a sign contractor to paint said signs,and all such signs shall be painted in the
form previously so approved by the Landlord.
5. If any sign,advertisement or notice shall be inscribed,painted or affixed by the Tenant on or to any
part of the said Building whatever,then the Landlord shall be at liberty to enter on said premises and pull
down and take away any such sign,advertisement or notice,and the expense thereof shall be payable by the
Tenant
6. If by reason of any alterations which the Tenant may make or may permit to be made,with or without
the consent of the Landlord,to any part of the Demised Premises or to any fixtures in the Demised
Premises,the addition of any equipment or the use of any material which the Tenant,its employees or other
persons permitted by the Tenant to be on the premises may use or keep in the said premises,or any change
in the type of occupancy of the Demised Premises which the Tenant may make or permit to be made,there
is any increase in the insurance premiums payable by the Landlord on any fire insurance which may be in
effect or which the Landlord may hereafter place upon the Building of which the Demised Premises form a
part,the Tenant agrees to pay to the Landlord the amount of such increase,and the parties agree that a
statement by the insurance broker of the Landlord of the amount of such increase shall be final and binding
upon the parties.
7. No safes,machinery,equipment,heavy merchandise or anything liable to injure or destroy any part of
the Building shall be taken into it without the consent of the Landlord in writing,and the Landlord shall in
all cases retain the power to limit the weight and indicate the place where such safe or the like is to stand,
and the cost of repairing any and all damage done to the Building by taking in or putting out such safe or
the like or during the time it is in or on the premises,shall be paid for on demand by the Tenant who so
■ causes it. No Tenant shall load any floor beyond its reasonable weight carrying capacity as set forth in the
municipal or other codes applicable to the Building. All glass,locks and trimmings in or upon the doors or
windows of the Demised Premises shall be kept whole and whenever any part thereof shall become broken,
the same shall be immediately replaced or repaired under the direction and to the satisfaction of the
Landlord,and such replacements and repairs shall be paid for by the Tenant
8. In order that the Demised Premises maybe kept in a good state of preservation and cleanliness,the
Tenant shall during the continuance of its lease clean the Demised Premises. No heavy equipment of any
kind shall be moved within the Building without skids being placed under the same,and without the
consent of the Landlord in writing. •
9. The Landlord shall have the right to enter the Demised Premises at reasonable hours in the day to
examine the same or to make such repairs and alterations as it shall deem necessary for the safety and
preservation of the Building,and also during the three months previous to the expiration of the lease of the
Demised Premises,to exhibit the said premises to be let and put upon them its usual notice"For Rent",
which said notice shall not be removed by any Tenant Any alterations,additions,renewals or changes
made in the partitions or divisions of the rooms or linoleum floors during the currency of this lease shall,if
made at the request of the Tenant,be done by the Landlord at the expense of the Tenant,and shall be
subject to the approval in writing and direction of the Landlord.
col
10. Nothing shall be thrown by the Tenants,their clerks or servants,out of the windows or doors or down
the passages and sky-lights of the Building.
•
38 15 � �
•
•
11. No birds or animals shall be kept in or about the premises nor shall the Tenants operate or permit to
be operated any musical or sound producing instrument or device inside or outside the premises which may
be heard outside the premises.
•
12. If the Tenant desires telegraph or telephone,call bell or other private signal connections,the Landlord
reserves the right to direct the electricians or other workmen as to where and how the wires are to be
introduced,and without such directions no boring or cutting for wires shall take place. No other wires of
any kind shall be introduced without the written consent of the Landlord.
13. No Tenant and/or person shall use the Leased Premises for sleeping apartments or residential
purposes,or for the storage of personal effects or articles other than those required for business purposes.
14. Tenants and their employees shall not make or commit any improper noise in the Building;or in any
way interfere with or annoy other Tenants or those having business with them.
15. All Tenants must observe strict care not to allow their windows to remain open so as to admit rain or
snow,or so as to interfere with the heating of the Building. Any injury or damaged caused to the Building
or its appointments,furnishings,heating and other appliances,or to any other Tenant or to the premises
occupied by any other Tenant,by reason of windows being left open,so as to admit rain or snow,or by •
interference with or neglect of the heating appliances,or by reason of any other misconduct or neglect upon '
the part of the Tenant or any other person or servant subject to him shall be made good by the Tenant in
whose premises the neglect,interference or misconduct occurred.
16. Nothing shall be placed on the outside of windows or projections of the demised premises. No air-
conditioning equipment shall be placed at the windows of the Demised Premises without the consent in
writing of the Landlord.
17. The Tenant shall not to place any additional locks upon any doors of the Building without the written
consent of the Landlord.
18. The Tenant shall give to the Landlord prompt written notice of any accident or any defect in the water •
pipes,gas pipes,heating apparatus,telephone or electric light,or other wires in any part of said Building.
19. No inflammable oils or other inflammable,dangerous or explosive materials shall be kept or -
permitted to be kept in the Demised Premises. Nothing shall be placed on the outside of windowsills or
projections.
20. The Tenant shall give the Landlord prompt notice of any accident to or any defect in the plumbing,
heating,air-conditioning,mechanical or electrical apparatus or any other part of the Building. The
caretaker will have charge of all radiators and will give all information for the management of the same,and
the Tenant shall give to the Landlord prompt written notice of any accident to or defects in the water pipes
or heating apparatus. The Landlord shall not be liable for any damage to any property at any time on the
Demised Premises,nor for the theft of any of the said property,nor shall it be liable for an escape or
leakage of smoke,gas,water,rain or snow,howsoever caused,nor for any accident to the property of the
Tenant.
21. No bicycles or other vehicles shall be brought within the said Building or upon the Landlord's •
property,including any lane or courtyard,except in the parking areas.
23. Spikes,hooks,nails,screws or knobs shall not be put into the walls or woodwork
24. No freight,furniture or packages will be received in the Building or carried up or down in the stairs
between the hours of 8 a.m.and 6 p.m.
25. It shall be the duty of the respective Tenants to assist and co-operate with the Landlord in preventing
injury to the Demised Premises to them respectively. •
26. Any person entering upon the roof of the Building does so at his/her own risk.
27. The Tenant shall not enter into any contract with any person or persons or corporations for the purpose
of supplying towels,soap or sanitary supplies,etc.,ice or spring water,unless the said person or persons or -
corporations agree that the time and place of delivery of such articles and the elevator service to be used in -
connection therewith shall be subject to such rules and regulations as the Landlord may from time to time
prescribe.
28. No Tenant shall make a door-to-door canvass of the Building for the purpose of selling any products or
services to the other Tenants without the written consent of the Landlord.
29. No Tenant shall be permitted to do cooking to operate cooking apparatus except in a portion of the •
Building rented for the purpose.
35. The Landlord shall have the right to make such other and further reasonable rules and regulations as
in its judgment and may from time to time be needful for the safety,care,cleRnliners and appearances of
the premises-and the Building,and for the preservation of good order therein,and the same shall be kept
and observed by the Tenants,their clerk and servants.
. i 1 •
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SCHEDULE"I)"
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LANDLORD'S WORK
The Landlord agrees and covenants that the following will be completed prior to the Tenant's
occupancy at no cost to the Tenant.
1.) All heating and electrical is in working order,
2.) Delivery of a set of keys •
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Q)
40 17 (��+
•
I ' I s
SCHEDULE"E"
TENANT'S WORK
The Tenant agrees and covenants that the following will be installed at the Tenant's expense
during the duration of the tenancy.
1.) 2-5 lbs ABC Fire extinguishers
2.) Install Alarm system
3.) Install Telephone system
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18 kV!" 41
•
RIDER 1
SURRENDER OF LEASED PREMISES
•
Notwithstanding anything contained within the Lease,all alternations,partitions,floor coverings
of any kind or nature,plumbing fixtures,hating and air-conditioning units shall remain the
property of the Landlord. All interior leasehold improvement will be the property of the Tenant at
the end of the term of the Lease.Upon the expiration of the Term or any renewal or extension of
this lease,or other termination hereof Tenant shall surrender the Leased Premises in good order,
condition and repair as Tenant is required to maintain the Leased Premises under the terms of this
Lease,save and except by unavoidable casualty,and Tenant shall remove all garbage and debris
from the Leased Premises and shall leave the Leased Premises to the Landlord all combinations of
locks,safes and vaults,if any,in the Leased Premises.
Notwithstanding the foregoing,or anything else in this Lease,the Tenant shall have the right to
make alterations and installations to the Demised Premises at its own expense from time to time
during the Lease term,with the consent of the Landlord. The Tenant shall not be required to
restore the Demised Premises to their original base building standard,but will leave the Demised
Premises in free and clear of debris and broom swept condition,reasonable wear and tear
excepted,upon termination of the Lease.Any additional alterations not consented to by the.
Landlord will,however,be removed by the Tenant at the Tenant's expense at the option of the
Landlord.
C.) C.--;
6i2\
4 2 19J
A
RIDER 2
1. The Tenant shall carry insurance in his own name to provide coverage with respect to the
risk of business interruption to an extent sufficient to allow Tenant to meet his ongoing
obligations to the Landlord and to protect the Tenant against loss of revenues.
2. The Tenant shall carry insurance in his own name insuring against the risk of damage to
the Tenant's property with the Demised Premises caused by fire or other perils and the
policy shall provide for coverage on a full replacement cost basis to protect the Tenant's
stock-in-trade,equipment,decorations and improvements.
3. The Tenant shall carry public liability and property damage insurance. The Tenant shall
provide the Landlord with a copy of this policy with a certificate of liability insurance
veering the Tenant in respect of the Demised Premises and its operations therein to the
extent of not less than Five Million dollars($5,000,000.00)inclusive of all injuries or
death to persons and damage to.property of others arising from anyone occurrence. The
Tenant shall ensure that in this policy,the Landlord shall be named insured and the policy
shall include a cross-liability endorsement.
4. The Tenant covenants that nothing will be done or omitted to be done whereby any
policy shall be canceled or the Demised Premises rendered uninsurable.
5. The Tenant covenants that he will indemnify and save harmless the Landlord from any
and all liabilities,fines suits,claims,demands,costs and actions or any kind or nature
whatsoever whether with respect to damage(s)and injury/mjuries to person(s)or property
for which the Landlord shall or may become liable for,or suffer arising out of or by
reason of any breach,violation or non-performance by the Tenant of any covenant,teen
or provisions hereof or by reason of the maintenance,use or occupancy of the Demised
Premises or the subletting or assignment of same or any part thereof or by reason of any
injury,loss,damage or death resulting from,occasioned to or suffered by any person or
persons,or any property by reason of any act,neglect or default with respect to the main
on the part of the Tenant,or any of its agents,customers,employees,servants,
contractors,assignees,licensees or invitees,in,about or in respect to the Leased Premises
or any part theeeo£ Such indemnification in respect of any such breach,violation,non-
performance,damage to property,loss,injury or death occurring during the Term of this
Lease shall survive any termination of this Lease notwithstanding any provisions of the
Lease to the contrary.
6. The Tenant shall provide the Landlord with proof of insurance coverage annually.
•
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• (11).
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