HomeMy WebLinkAboutCS 25-17mm Report to
DICKERING
Executive Committee
Report Number: CS 25-17
Date: December 4, 2017
From: Marisa Carpino
Director, Community Services
Subject: The Wellness. Health Centre Ltd.
- Lease Agreement
- File: A-1440
Recommendation:
1. That the Mayor and the City Clerk be authorized to execute the Lease Agreement set out in
Attachment 1 to this report, pursuant to which The Wellness Health Centre Ltd. will be
permitted to operate the "Wellness Spa" at the Pickering Recreation Complex from January
1, 2018 to December 31, 2022, subject to minor revisions as may be required by the
Director, Community Services and the Director, Corporate Services & City Solicitor.
2 That the appropriate officials of the City of Pickering be authorized to take the necessary
actions as indicated in this report.
Executive Summary: The Wellness Health Centre Ltd. has an existing Lease Agreement
with the City of Pickering to operate the Wellness Spa for the period of January 1, 2013 to
December 31, 2017. The Wellness Spa includes approximately 700 square feet of space on the
2nd floor of the Pickering Recreation Complex.
The Community Services Department recommends that a renewal agreement be initiated with
The Wellness Health Centre Ltd.
Financial Implications: The revenue generated through 2018 rental payments made by The
Wellness Health Centre Ltd., from January 1, 2018 to December 31, 2018 will be $15,375.00 (plus
HST). This is an increase of 5.5% from the rate in 2017 of $14,568.12 (plus HST).
Please note that for each successive year of this renewal lease, the annual rent shall increase by
an amount equal to any increase in the Consumer Price Index for Ontario as established by
Statistics Canada for the period between October and November of the previous year of the
renewal lease.
Discussion: The Wellness Health Centre Ltd. provides spa services that include massage
therapy, skin care, facials, body wraps, waxing, laser hair removal, pedicures, manicures and the
sale of wellness -oriented products/reflexology. Spa services, provided by The Wellness Health
Centre Ltd. are supervised by a duly licensed health professional and registeredto provide
wellness services in the Province of Ontario.
Report CS 25-17 December 4, 2017
Subject: The Wellness Health Centre Limited Page 2
On May 5, 2003, Council enacted By-law #6130103 to authorize the execution of an amending
Lease Agreement with the Pickering Sports Medicine & Wellness Centre to lease space at the
Pickering Recreation Complex for the operation of the Wellness Centre and Wellness Spa. The
Lease Agreement was renewed for the period of January 1, 2009 to December 31, 2013.
In 2013, the Pickering Sports Medicine Centre and the Wellness Spa separated into 2 distinct
businesses owned and operated by different proprietors. As a result, individual Lease
Agreements were prepared for both Angela Dye Physiotherapy Professional Corporation and The
Wellness Health Centre Ltd., owned by Sonia Fernandes and Grace Brito, The 2 businesses
have been operating autonomously with separate Lease Agreements for the period of January 1,
2013 to December 31, 2017.
The Wellness Health Centre Ltd., offers services that are compatible with the City's mandate to
encourage the development of balanced and healthy lifestyles contributing to the well-being of
both mind and body. The Wellness Heath Centre Ltd. has operated in a professional manner that
has satisfied the City.
As such, the Community Services Department recommends that the Lease Agreement included
as Attachment 1 be initiated for a 5 year term beginning January 1, 2018 and ending December
31, 2022.
Attachments:
1. Lease Agreement
Prepared. By:
Jody Morris
Approved/Endorsed By:
Marisa Carpino
Manager, Facility Programs & Administration Director, Community Services
MC:jm
Recommended for the consideration
of Pickering City Council
Tony Prevedel, P.Eng.
Chief Administrative Officer
11700-, 2..or7
This Lease made in duplicate this
Between:
.. - EP CS Q5-21
day of , 2017.
The Wellness Health Centre Ltd.
(the "Tenant")
-and-
The Corporation of the City of Pickering
(the "Landlord")
Now therefore this agreement witnesseth 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 hereby Leases to the Tenant during the
term of this agreement (hereinafter referred to as the "Lease") one room containing
approximately 750 square feet located in the central core area on the second floor of
the Pickering Recreation Complex located at 1867 Valley Farm Road, Pickering,
Ontario to operate a wellness health centre (hereinafter referred to as the "Premises").
Definitions
In this Lease,
(a) "Commencement Date" means January 1, 2018;
(b) "Lease" means this lease as it may be amended from time to time;
(c) "Premises" means the space as set out in Schedule "A" containing
approximately 750 square feet located in the central core area on the
second floor of the Pickering Recreation Complex to operate a wellness
spa located at 1867 Valley Farm Road, in the City of Pickering, Regional
Municipality of Durham;
(d) "Term" means the term of this Lease as set out in Section 1.0; and
(e) "Rent" means the rent payable pursuant to Section 2.0.
1.0 Term
1.0 The Term of this Lease (hereinafter referred to as the "Term") shall commence on
the 1st day of January, 2018 and shall end on the 31st day of December, 2022,
provided that the Tenant shall have the option thereafter of one (1) additional five
1
(5) year Term on the provision that at least two (2) months prior written notice of
the renewal period is given by the Tenant to the Landlord of the Tenant's intent to
renew the Lease and provided further that the Tenant shall have been a Tenant in
good standing throughout the entire Term of the Lease determined solely by the
Landlord and provided further there has been no breach of any provisions of the
Lease at any time by the Tenant. Each successive renewal shall be based on the
same Terms and conditions as set out herein, save and except for the amount of
rent payable. Rent payable for the renewal term shall be as mutually agreed upon
by both the Landlord and the Tenant at least one(1) month prior to the
commencement of the renewal Term. Failing such mutual agreement, this Lease
shall be at an end and the Tenant shall vacate the Premises upon expiration of the
original Term.
1.1 Upon the expiration of the Term, or if the Landlord shall become entitled to
Terminate and shall declare this Lease to be terminated pursuant to any provisions
hereof, the Tenant shall surrender to the Landlord possession of the premises and
all of the fixtures and improvements erected thereon (all of which the Tenant
acknowledges to be the property of the Landlord without any claim by or
compensation to the Tenant), all the lights of the Tenant under this Lease shall
terminate (but the Tenant shall notwithstanding such termination, be liable to the
Landlord for any loss or damage suffered by the Landlord by reason of any default
of the Tenant).
1.2 No early termination of possession of the premises shall release the Tenant from
its obligations under the Terms herein unless such termination is consented to by
the Landlord in writing.
2.0 Base Rent
2.1 The Tenant shall pay base rent to the Landlord in the amount of $15,375.00 per
annum ($1,281.25 per month) plus applicable HST for the first year of the Term of
the Lease.
2.2 For each successive year of the Term, the annual rent shall increase by an
amount equal to any increase in the Consumer Price Index for Ontario as
established by Statistics Canada for the period between October and November of
the previous year of the Term.
2.3 Rent shall be payable monthly. Prior to the commencement of each year of the
Term, the Tenant shall provide to the Landlord, twelve (12) post-dated cheques,
dated the first day of each and every month of the ensuing year, made payable to
The Corporation of the City of Pickering.
3.0 Taxes
3.1 The Tenant covenants that it shall pay all taxes, if applicable, license fees and all
other taxes or grants paid in lieu thereof or in addition thereto against or
attributable to all leasehold improvements, equipment and facilities and the
Premises and the operation of the Tenant's business thereon.
3.2 In the event of the failure of the Tenant to make any such payments called for in
this paragraph directly to the relevant authority, the Landlord may make any such
payment and any amounts so paid by the Landlord shall be payable by the Tenant
to the Landlord forthwith upon demand and shall be considered by the Landlord
and the Tenant to be rent for the purposes of this Lease.
4.0 Payment of Rent
4.1 The Tenant covenants that at the times and in the manner provided in this Lease,
it will pay in lawful money of Canada to the Landlord, at the address of the
Landlord set out herein or at such other place as the Landlord may designate from
time to time, the rent hereby reserved and all other amounts payable by the
Tenant pursuant to the Terms of this Lease (all of which other amounts it is hereby
agreed between the parties are payable as additional rent and recoverable by the
Landlord from the Tenant as rent including HST and all applicable taxes and the
facility usage fee), without any deduction or set-off whatsoever, or any abatement
except as expressly provided under this Lease.
4.2 If the Tenant fails to pay, when same is due and payable, any rent and all other
amounts payable by the Tenant pursuant to the herein Lease, such unpaid
amounts shall bear interest from the due date thereof to the date of payment at a
rate per annum which is two (2) percentage points in excess of the minimum
lending rate to prime commercial borrowers current at the due date charged by
any Canadian chartered bank designated by the Landlord from time to time,
subject to annual compounding.
5.0 Use
5.1 The Tenant shall use the premises only for the purpose of a wellness spa, which
scope of services will include massage therapy, skin care, facials, body wrap,
manicures, pedicures, waxing, laser hair removal, eye -lash extensions and the
sale of wellness -oriented products/reflexology.
5.2 The Tenant covenants that it will not provide any other services, other than those
identified in 5.1 above, without first obtaining the prior written consent of the
Landlord, which consent may not be unreasonably withheld.
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5.3 The Tenant covenants that it will provide, at its sole expense, visible signage in its
reception area throughout the Term of this Lease that identifies to its clients the
services it provides and stating that the services are independent of the Landlord.
The signage shall be approved by the Landlord prior to being displayed.
5.4 The Tenant shall provide to the Landlord a copy of a standardized written waiver
which shall state that the scope of services being provided by the Tenant are
independent of The Corporation of the City of Pickering. Such waiver shall be
provided to the Landlord for approval prior to the commencement of the Tenant's
business being conducted on the premises. The Tenant shall further provide such
waiver to the Tenant's clients and patients prior to providing or delivering any
services.
5.5 Services provided by the Tenant shall be supervised by a duly licensed health
professional and registered to provide wellness services in the Province of Ontario.
Each employee and contracted service provider of the Tenant shall be duly
licensed to carry out any service to be provided by such employee and contracted
service provider as may be provided by any statute or regulation of any legislative
authority.
6.0 Sale of Products
6.1 The Tenant covenants that it shall only sell product lines that are wellness -
oriented. Such products include the following:
a) bottled water 16.5 oz.; and,
b) skin care products.
6.2. The. Tenant covenants that it will not provide for resale any product other than
those identified in 6.1 above, without first obtaining the prior written consent of the
Landlord, which consent may not be unreasonably withheld.
6.3 The Landlord reserves the right to restrict the sale of any items which the
Landlord, in its sole discretion, considers distasteful and/or not in the best interest
of the general public.
7.0 Hours of Operation
7.1 The Tenant covenants to operate its business only on those days when the
Pickering Recreation Complex is open to the public. The Tenant shall operate
within the same operating hours as the Pickering Recreation Complex's operating
schedules, which operating schedules shall be determined solely by the Landlord
from time to time.
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7.2 The Tenant acknowledges that the Landlord reserves the right to alter the
operating schedules and further acknowledges that the Landlord will not be
responsible for any losses or damages including any lost revenues and/or
additional expenses incurred by the Tenant due to operating schedule changes
and/or Pickering Recreation Complex closures, for any reason whatsoever.
7.3 In addition to scheduled closings, the Pickering Recreation Complex shall be
closed or have reduced operating hours on the following holidays:
• New Year's Eve closed at 12:00 noon;
• New Year's Day;
• Family Day closed at 5:00 pm;
• Good Friday;
• Easter Sunday;
• Victoria Day;
• Canada Day;
• Civic Holiday;
• Labour Day;
• Thanksgiving;
• Christmas Eve closed at 12:00 noon;
• Christmas Day;
• Boxing Day; and
• any other holiday declared by the Landlord.
8.0 Utilities/Telephone Service
8.1 The Landlord shall supply heat, hydro, water and air-conditioning to the premises
at its sole expense.
8.2 The Landlord reserves the right to prohibit the Tenant from installing or using any
equipment that requires increased voltage, which may result in additional costs to
the Landlord.
8.3 The installation, removal and daily supply of telephone service shall be at the
Tenant's sole expense.
9.0 Leasehold Improvements
The Tenant is responsible for construction, painting, decorating, maintenance,
replacement, repair and insurance of the Tenant's leasehold improvements,
equipment, fixtures and facilities on the premises and shall abide by the Terms as
provided for in paragraph no. 11 herein.
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10.0 Entry to the Premises
10.1 The Landlord shall provide the Tenant with keys to the premises. The Tenant shall
not, without prior written consent of the Landlord, change the lock on the premises
or place additional locks upon the door of the premises and shall not permit any
duplicate key to be made.
10.2 The Tenant acknowledges that the Landlord will keep in its possession keys that
would provide access tothe premises by the Landlord in the event it becomes
necessary to enter the premises during a time when the Tenant's business is not
operating.
10.3 The Tenant covenants and agrees that upon the Landlord becoming entitled to re-
enter the premises under any of the provisions of this Lease, the Landlord in
addition to all other rights shall have the right to enter the premises as the agent of
the Tenant either by force or otherwise, without being liable for any prosecution
therefore and to relet the premises as the agent of the Tenant, and to receive the
rent therefore and, as the agent of the Tenant, to take possession of any furniture
or other property on the premises and to sell same at public or private sale without
notice and to apply the proceeds of such sale and any rent derived from reletting
the premises upon account for the rent and additional rent and facility usage fees
under this Lease and the Tenant shall be liable to the Landlord for the deficiency, if
any.
11.0 Alterations & Improvements
11.1 The Tenant covenants not to make or erect in or to the premises any installations,
alterations, additions or partitions without submitting drawings and specifications to
the Landlord and without obtaining the Landlord's prior written consent in each
instance, which consent shall not be unreasonably withheld. The Tenant must
further obtain the Landlord's prior written consent to any change or changes in
such drawings and specifications submitted as aforesaid. such work may be
performed by contractors engaged directly by the Tenant provided a written
contract is approved in writing by the Landlord and subject to all reasonable
conditions which the Landlord may impose; without limiting the generality of the
foregoing, any work performed by or for the Tenant shall be performed by
competent workers whose labour union affiliations are not incompatible with those
of any workers who may be employed by the Landlord, its contractors or
subcontractors' the Tenant shall pay, when due, the costs of all such work and of
all materials, labour and services involved therein provided that any such
payments may be withheld pursuant to the provisions of Construction Lien Act
(Ontario). The workmen performing works on the premises shall provide
satisfactory evidence of insurance to the Landlord prior to commencing any works
on the premises.
11.2 The contractor shall obey all federal, provincial and municipal laws, acts,
ordinances, regulations, orders -in -council and by-laws which could in any way
pertain to the work outlined in the contract or to the employees of the Tenant.
Without limiting the generality of the foregoing, the contractor shall satisfy all
applicable statutory requirements imposed by the Occupational Health and Safety
Act and Regulations made thereunder.
11.3 The Tenant covenants that it will not suffer or permit any mechanics or other liens
for work, labour, service or materials ordered by it or the cost of which it may be in
any way obligated to pay to attach to the premises and that, whenever and so
often as any such liens shall attach or claims therefore shall be filed, the Tenant
shall, within twenty (20) days after the Tenant has notice of the claim for lien,
procure the discharge thereof by payment or by giving security or in such other
manner as may be required or permitted by law.
11.4 The Tenant acknowledges that all renovations and constructions to the premises
become part of the premises and shall be deemed to be the property of the
Landlord. Renovations and constructions are not to be dismantled or destroyed at
either the end or termination of the Lease.
11.5 All alterations, renovations and new construction must be approved by the
Landlord and must be completed under the authority of a building permit issued by
the Landlord. All related permit fees and costs including the provision of any
diagrams, architectural plans and architectural fees are at the expense of the
Tenant.
12.0 Maintenance
12.1 The Tenant covenants and agrees to keep and maintain during the Term and to
deliver up at the end of the Term (or such earlier or later Termination of this Lease
as is provided for herein), the premises in a state of good maintenance,
cleanliness and repair. The Tenant covenants to permit representatives of the
Landlord on site at any time for the purpose of inspection and to determine
compliance with this provision.
12.2 The Tenant will covenant that it will be responsible for maintenance of its own
property and equipment.
12.3 The Landlord reserves the right to close sections of the premises, or the whole
area of the premises, as required for maintenance from time to time. The Tenant
shall have no right to claim for any losses or damages to the Tenant arising from
such closures by the Landlord.
12.4 The Landlord reserves the right to enter and view the state of maintenance and
repair of the premises. the Tenant agrees to repair according to notice in writing
any deficiencies, and in the event the Tenant neglects to make said repairs and
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carry out the necessary maintenance with five (5) days of such notice by the
Landlord, the Landlord may enter the premises and make such repairs and carry
out such maintenance at its option and at the expense of the Tenant, which sum
must be paid by the Tenant within ten (10) days after receiving notice in writing
from the Landlord of the costs incurred by the Landlord. In the event the Tenant
neglects to pay such costs as set out in writing, such expense may be set off
against the security deposit held by the Landlord.
12.5 The Landlord shall give the Tenant 24 hours notice with respect to the inspection
and maintenance of the premises (except in an emergency, in which case, the
Landlord shall give such notice, if any, as is practicable).
13.0 Garbage Removal
The Tenant shall be responsible, at its own expense, for the daily removal of its
garbage from the premises to a location designated by the Landlord, with the
exception of any medical wastes, in which case the Tenant shall be responsible for
both the safe removal and disposal of such medical wastes from the premises.
14.0 Signs
14.1 The Tenant shall not display any sign, picture, advertisement, notice or lettering
on the inside or outside of the Pickering Recreation Complex facility without the
prior written consent of the Landlord, which consent may not be unreasonably
withheld.
14.2 The parties agree that the Landlord will provide an area in the main lobby of the
Pickering Recreation Complex for the Tenant to display a sign at the Tenant's sole
expense in accordance with Section 14.1 above, advising the patrons of the
Pickering Recreation Complex of the Tenant's operations and its location within
the Pickering Recreation Complex, noting thereon that the Tenant's operation is a
service supplied independent of the Landlord.
14.3 The Landlord reserves the right to have the Tenant immediately remove, upon
written notice, any sign, picture, advertisement, notice or lettering on the inside of
the premises, which the Landlord at its sole discretion considers inappropriate or
offensive, or in contravention of this Lease or any other Agreement to which the
Landlord may be bound.
14.4 The Tenant covenants that any additional advertising within the Pickering
Recreation Complex shall be subject to the parties hereto entering into an
advertising agreement, which agreement will be subject to additional costs to the
Tenant for such a service.
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15.0 Rules and Regulations
15.1 During the Term of this Lease, the Tenant agrees to comply with the various rules
and regulations, policies and procedures, as amended from time to time, put in
place by the Landlord, including but not limited to the Landlord's Harassment
Policy.
15.2 The parties agree that the Landlord shall be entitled from time to time, to establish
reasonable rules and regulations with respect to the use of the premises, hours of
operation and common areas used by the Tenant, its employees and all persons
visiting or doing business with it including rules relating to the parking of vehicles in
connection with the Tenant's business. The Tenant, its employees and all persons
visiting or doing business with it agree to comply with all such rules and
regulations and to fully co-operate in avoiding obstruction and/or conflict with the
operation and services of the Pickering Recreation Complex and third parties. The
Tenant, its employees and all persons visiting or doing business with it agree to
alter or modify their use of the Pickering Recreation Complex and common areas
when so requested by the Landlord from time to time.
16.0 Indemnity of Tenant
16.1 The Tenant covenants to indemnify the Landlord against any and all claims,
actions, damages and liability (including, without limiting the generality of the
foregoing, all claims for personal injury, death and/or property damage) and also
damages arising from any breach of this Lease by the Tenant or from any act or
omission of the Tenant or those for whom the Tenant is at law responsible in or
around the premises and against all costs incurred in connection with any such
claim, except as provided in Section 17 .below.
17.0 Indemnity of Landlord
17.1 The Landlord shall not be liable for any Toss or damage to any property belonging
to the Tenant or to any other persons or for any injury to any person while such
person or property is on the premises unless such loss, damage or injury is
caused directly by the negligence of the Landlord, or those for whom the Landlord
is at law responsible.
18.0 Insurance
18.1 Prior to occupying the premises, the Tenant shall, at its own expense, shall
provide:
(a) Commercial General Liability Insurance, identifying The Corporation of the
City of Pickering as an additional insured, including coverage for bodily injury
including death, personal injury, property damage, contractual liability,
Tenant's legal liability, non -owned automobile liability, on an occurrence
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basis with respect to the business carried on at the premises and the
Tenant's use and occupancy of the premises, with coverage for any one
occurrence of not less than $5,000,000, and shall contain a cross liability,
severability of insured clause to protect the Landlord in respect of claims by
the Tenant as if the Landlord was separately insured;
(b) All risk property insurance covering the leasehold improvements, trade
fixtures, furniture and equipment in the premises for not less than the full
replacement cost thereof. The policy shall contain a waiver of subrogation
clause in favour of the Landlord;
(c) Professional malpractice insurance in the amount of not less than $2,000,000
per claim. Such insurance shall provide coverage for all services in the
rendering of, or failure to render, professional services in connection with the
Lease. Upon termination of the Lease the policy the policy shall remain in
force for twelve (12) months;
(d) A certificate of insurance coverage in a form satisfactory to the Landlord,
prior to the Tenant taking possession of the premises, which insurance
coverage shall be kept in full force and effect throughout the Term of the
Lease and any renewal(s) thereof.
18.2 The Tenant covenants with the Landlord that the Tenant, in its use and
occupation of the premises, will not do or omit or permit to be done or omitted
anything which shall cause any insurance premium of the Landlord to be
increased, and if any insurance premium shall be so increased, the Tenant shall
pay to the Landlord forthwith upon demand the amount of such increase. If notice
of cancellation or lapse shall be given respecting any insurance policy of the
Landlord or if any insurance policy shall be cancelled or refused to be renewed by
an insurer by reason of the use or occupation of the premises or any part thereof,
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 do so
the Landlord may, at its option, terminate this Lease forthwith by notice in writing
and the Tenant shall immediately surrender possession of the premises to the
Landlord and thereupon rent and all other amounts for which the Tenant is liable
under this Lease shall be apportioned and paid in full to the date of surrender;
provided that the Tenant shall have the right to replace such cancelled insurance
at any time prior to the Landlord's notice of Termination. If the premises are at
any time destroyed or damaged as a result of fire, the elements, accident or other
casualty, not caused by the Tenant, rendering the premises untenantable and, if
in the opinion of the Landlord the premises cannot be rebuilt or repaired within
sixty (60) days of the damage, the Landlord and the Tenant may mutually agree to
terminate this Agreement and thereupon the Tenant will pay all applicable rent
due and additional fees owing to the Landlord, which rent and fees will be
apportioned and paid to the date of the damage.
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18.3 If the premises are at any time destroyed or damaged as a result of fire, the
elements, accident or other casualty, not caused by the Tenant, rendering the
premises untenantable and, if the opinion of the Landlord, the premises can be
rebuilt or repaired within sixty (60) days of the damage, the Landlord shall
commence to repair or rebuild the premises to the extent only as the premises
existed prior to the date of this Lease (not including the Tenant's improvements)
and only to the extent of the insurance proceeds actually received by the
Landlord.
19.0 Deliveries
19.1 The Landlord has the right to restrict the hours of deliveries to the Tenant at its
sole discretion,
20.0 Disclaimer
20.1 The Tenant agrees to provide each client with a written notice that the Tenant's
services are being provided independent of The Corporation of the City of
Pickering and to obtain a written acknowledgment from the patient/client releasing
The Corporation of the City of Pickering from any claims arising from the Tenant's
services.
21.0 Complex Fitness RoomlCardio Annex and Pool
[intentionally deleted]
22.0 Notice
22.1 The Landlord has the right, notwithstanding Section 1 herein, to cancel this Lease
without cause or for any reason by giving the Tenant six (6) months written notice
of its intention to cancel. The Landlord shall not be liable for costs or damages of
any kind caused to the Tenant by such cancellation.
22.2 Wherever notice is permitted or required to be given hereunder by either party
hereto, it must be given in writing and is sufficiently given if served personally on
an officer of the party to whom notice is being given, delivered by facsimile to the
telephone number below with confirmation of receipt or if mailed by registered mail
postage prepaid addressed to the Tenant at:
and
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and to the Landlord at:
The Corporation of the City of Pickering
Civic Complex
One The Esplanade
Pickering, ON L1V 6K7
Attention: City Clerk
Fax: 905.420.9685
or to such other address as either party may designate by notice given from time
to time in accordance with this paragraph.
22.3 Any notice given personally shall be conclusively deemed to have been given and
received on the date of service.
22.4 Any notice mailed as aforesaid shall be conclusively deemed to have been given
and received on the third day following the date on which it is mailed as aforesaid
provided that if there is a disruption or threatened disruption in the postal service in
the postal area through which such notice must be sent, notice must be given
personally or by means of printed electronic or printed telephonic communications.
23.0 Default
23.1 It is hereby expressly agreed that if and whenever the rent or any additional rent
or fees hereby reserved or any part thereof shall not be paid on the day appointed
for payment thereof, whether lawfully demanded or not, or in case of breach or
non -observance or non-performance of any of the covenants, agreements,
provisos, conditions or rules and regulations on the part of the Tenant to be kept,
observed or performed after two (2) business days after written notice of default
has been given by the Landlord to the Tenant, or in case the premises shall be
vacated or remain unoccupied for five (5) days or in case the Term shall be taken
in execution or attachment for any cause whatever, then and in every such case,
it shall be lawful for the Landlord thereafter to enter into and upon the premises or
any part thereof in the name of the whole and the same to have again, repossess
and enjoy as of its former estate, anything in this Lease contained to the contrary
notwithstanding. ,
24.0 Bankruptcy
24.1 In the event that the premises shall be used by any person other than the Tenant
or for any other purpose than that for which the same were let without the prior
written consent of the Landlord or in the case the Term or any of the goods and
chattels of the Tenant shall be at any time seized in execution or attachment by
any creditor of the Tenant or the Tenant shall make any assignment for the benefit
of creditors or any bulk sale or become bankrupt or insolvent or take the benefit of
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any act now or hereafter in force for bankrupt or insolvent debtors, or, if the
Tenant is a corporation and any order shall be made for the winding -up of the
Tenant, or other Termination of the corporate existence of the Tenant, then in any
such case this Lease shall, at the option of the Landlord, cease and desist and the
Term shall immediately become forfeited and void and the Landlord may reenter
and take possession of the premises as though the Tenant or other occupant or
occupants of the premises was or were holding over after the expiration of the
Term without any right whatever.
25.0 Distress
25.1 The Tenant waives and renounces the benefit of any present or future statute
taking away or limiting the Landlord's right of distress, and covenants and agrees
that notwithstanding any such statute none of the goods and chattels of the
Tenant on the premises at any time during the Term or any renewal thereof shall
be exempt from levy by distress for rent in arrears.
26.0 No Waiver
26.1 No condoning, excusing or overlooking by the Landlord or the Tenant of any
default, breach or non -observance by the other at any time or times in respect of
any covenant, proviso or condition herein contained shall operate as a waive of
the Landlord's or the Tenant's rights hereunder in respect of any continuing or
subsequent default, breach or non -observance, or so as to defeat or affect in any
way the rights of the Landlord or the Tenant herein in respect of any such
continuing or subsequent default or breach and no waiver shall be inferred from or
implied by anything done or omitted by the Landlord or the Tenant save only
express waiver in writing. All rights and remedies of the Landlord and the Tenant
in this Lease contained shall be cumulative and not alternative.
27.0 Compliance with Laws
27.1 The Tenant covenants to comply, at its own expense, with all present and future
provisions of law concerning the premises including, without limiting the generality
of the foregoing all laws, ordinances, requirements, order, directives, permits, rules
and regulations of all governmental authorities.
27.2 The Tenant acknowledges that it has taken all reasonable steps to satisfy itself
that the proposed use of the premises complies with applicable laws and
regulations. The Tenant shall not hold the Landlord responsible for any losses or
damages incurred by the Tenant should it be determined that the proposed use is
not permitted under the applicable laws and regulations.
13
28.0 Assignment
28.1 This Lease and possession of the premises shall not be assigned, sublet or
otherwise transferred in whole or in part by the Tenant to any other party without
first obtaining written consent of the Landlord which consent may be unreasonably
withheld.
29.0 Governing Law
29.1 This Lease shall be governed and construed in accordance with the laws of the
Province of Ontario.
30.0 No Registration of Notice
30.1 The Tenant covenants that it will not register this Lease or any notice thereof
against the title to the premises.
31.0 Guarantee
31.1 The parties agree that this Lease Agreement shall be conditional upon the
Landlord receiving an executive personal guarantee by Sonia Fernandez and
Grace Brio -Rochford prepared in the form attached hereto as Schedule "B".
32.0 Entire Agreement
32.1 The parties acknowledge that this Lease sets forth the entire Agreement between
them with respect to the premises and that there are no promises, representations
or undertakings other than as set out herein. Any offer to Lease or Agreement to
Lease entered into by the Landlord and Tenant prior to the execution of this Lease
shall be deemed to have been merged and extinguished in this Lease. This Lease
shall not be amended or cancelled except by agreement in writing executed by all
parties hereto.
33.0 Inspection
33.1 The Landlord or any employee or agent of the Landlord shall have the right during
business hours of the Tenant or at any time during an emergency as determined
by the Landlord, to enter the premises for any of the following purposes:
(a) to examine the state of maintenance, repair and decoration of the premises
and the equipment and fixtures therein; and
(b) to show the premises to prospective Tenants during the last three (3)
months of the Term.
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34.0 Year End Statements
34.1 The Tenants shall within sixty (60) days after the end of each year Term of the
herein Lease Agreement, provide the City with a financial statement for that
previous Term of the total Operating Expenses and Gross Revenue of their
business operation.
35.0 Severability
35,1 Should any provision or provisions of this Lease be illegal or not enforceable, it or
they shall be considered separate and severable from the Lease and its remaining
provisions shall remain in force and be binding upon the parties hereto as though
the said provision or provisions had never been included.
36.0 Enurement
36.1 This Lease shall enure to the benefit of, and be binding upon, the parties hereto
and their respective representatives, successors or assigns except as herein
otherwise expressly provided.
37.0 Guarantees
37.1 The Landlord has entered into this lease in reliance upon the Guarantees
attached hereto as Schedule "B".
In witness whereof the parties have hereunto affixed their respective seals under the
hands of their proper officers duly authorized in that behalf.
Witness:
The Wellness Health Centre Ltd.
Per:
Sonia Fernandes
Authorized Signing Officer
Per:
Grace Brito-Rochford
Authorized, Signing Officer
15
The Corporation of the City of Pickering
Per:
David Ryan
Mayor, City of Pickering
Authorized Signing Officer
Per:
Debbie Shields
City Clerk, City of Pickering
Authorized Signing Officer
16
Schedule "A"
OPEN TO BELOW
ygdLEASE AREA
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SCHEDULE A
PICKERING RECREATION COMPLEX
1867 VALLEY FARM ROAD
PARTIAL SECOND FLOOR PLAN
NOT TO SCALE
NORTH
Schedule "B"
Guarantee
Landlord: The Corporation of the City of Pickering
Tenant: The Wellness Health Centre Ltd.
Leased Premises: Pickering Recreation Complex
Lease Dated': as of January 1, 2018
Guarantors: Sonia Fernandes and Grace Brito-Rochford
Address of Guarantors: Grace Brito-Rochford
1007 Coldstream Drive
Oshawa, ON L1 K 0J8
Sonia Fernandes
1583 Rockaway Street
Oshawa, ON L1 K 0C9
1. In consideration of the sum of one dollar ($1.00) now paid by the Landlord to the
guarantors and other valuable consideration (the receipt of which is hereby
acknowledged), the guarantors covenant with the Landlord that the Tenant shall
duly perform and observe each and every covenant, proviso, condition and
agreement in the Lease on the part of the Tenant to be performed and observed,
including the payment of rent and all other amounts agreed to be paid or payable
under the Lease on the days and at the times and in the manner therein specified
and that if any default be made by the Tenant, whether in payment of rent or other
amounts from time to time falling due thereunder as and when they become due
and payable or in the performance or observance of any of the covenants,
provisos, conditions or agreements which under the terms of the Lease are to be
performed or observed by the Tenant, the guarantors shall forthwith pay to the
Landlord on demand such rent and other amounts in respect of which such default
shall have occurred and all damages resulting from the non -observance or non-
performance of any such covenants, provisos, conditions or agreements.
The guarantors each covenant with the Landlord that the guarantors are jointly and
severally bound with the Tenant for the fulfillment of all obligations of the Tenant
under the Lease. In the enforcement of its rights thereunder, the Landlord may
proceed against the guarantors or either of them, as if they were each named as a
Tenant in the Lease.
3. The guarantors hereby waive any right to require the Landlord to proceed against
the Tenant or to proceed against or to exhaust any security held from the Tenant
or to pursue any other remedy whatsoever which may be available to the Landlord,
before proceeding against the guarantors or either of them.
4. None of the following, or any combination thereof, shall release, discharge or in
any way change or reduce the obligations of either guarantor under this
Guarantee:
(a) neglect or forbearance of the Landlord in endeavoring to obtain payment of
the rent or the amounts required to be paid under the Lease, as and when
due;
(b) delay by Landlord in enforcing performance or observance of the covenants,
provisos, conditions or agreements to be performed or observed by the
Tenant under the Lease;
(c) any extension of time given by the Landlord to the Tenant, or any other act or
failure to act of or by the Landlord;
(d) the Landlord permitting or consenting to any assignment or encumbering of
the Lease by the Tenant or any subletting by the Tenant;
(e)
(f)
(g)
the bankruptcy or insolvency of the Tenant;
the dissolution of the Tenant; and
the disclaimer of the Lease pursuant to the provisions of any statute.
5. Capitalized terms used but not defined herein shall have the meaning ascribed
thereto in the Lease.
6. Each guarantor is jointly and severally liable for the performance of all obligations
imposed upon the guarantors hereunder.
Signed, Sealed and Delivered
In the presence of:
)
)
)
)
) Sonia Fernandes
)
)
)
Grace Brito-Rochford