HomeMy WebLinkAbout22 160 Kincardine Family Health Organization Hawthorne Community Clinic Lease Agreement (2022) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2022 – 160
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT
WITH KINCARDINE FAMILY HEALTH ORGANIZATION FOR RENTAL SPACE
IN THE HAWTHORNE COMMUNITY CLINIC
WHEREAS Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provide that the powers of a municipality under this or any other Act
shall be interpreted broadly so as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality’s ability to respond to municipal issues and has the
capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to enter into a lease agreement with Kincardine Family Health
Organization in consideration of the rents, covenants and obligations stipulated
therein;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into a lease
agreement with Kincardine Family Health Organization for the rental of
office space and examination rooms located at the Hawthorne Community
Clinic, 1201 Queen Street, Municipality of Kincardine, more particularly set
out in Schedule “A”, in consideration of rents, covenants and obligations.
2. That the Mayor and CAO be authorized to sign and execute, on behalf of
The Corporation of the Municipality of Kincardine, the Lease Agreement
with Kincardine Family Health Organization, attached to this by-law as
Schedule “A”, and to affix the corporate seal as required.
3. That this by-law shall come into full force and effect upon its final passage.
4. That this by-law may be cited as the “Kincardine Family Health
Organization Hawthorne Community Clinic Lease Agreement (2022) By-
law".
READ a FIRST and SECOND TIME this12th day of October, 2022.
READ a THIRD TIME and FINALLY PASSED this 12th day of October, 2022.
Mayor Clerk
HAWTHORNE COMMUNITY CLINIC
THIS LEASE made as of the '2Th day of OCALl , 2022.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
(hereinafter called the"Landlord")
- and —
KINCARDINE FAMILY HEALTH ORGANIZATION
(hereinafter called the"Tenant")
WHEREAS the Landlord has constructed the Hawthorne Community Clinic (the "HCC" or
the "Building") located at 1201 Queen Street, Kincardine, Ontario, for the purposes of
attracting qualified medical practitioners to its community and to provide such practitioners
with a modern facility from which to operate their medical practices;
AND WHEREAS the Tenant is a Family Health Organization ("FHO") consisting of a group
of family physicians working together to provide primary medical care to the local
community who wish to rent part of the HCC;
NOW THEREFORE for Two Dollars ($2.00) and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the Landlord and the
Tenant agree as follows:
TERMS OF LEASE
Premises
1.1 In consideration of the rents, covenants and agreements of the Tenant to be paid,
observed and performed, the Landlord hereby leases to the Tenant certain office
space and examination rooms located in the HCC as more particularly set out in
the Exhibit "A" attached hereto (the "Premises"). The intent being that each
physician will have access to one office and two examination rooms for patient care.
In additional to the Premises, the Tenant has a right in common with other tenants
to utilize the walkways, stairs, corridors, lobbies, washrooms and other common
areas forming part of the HCC (the "Common Areas") for purposes associated with
and ancillary to the Tenant's occupancy of the Premises.
5166788
5167550.1 1 I "
Nature of Right
1.2 The Tenant is hereby granted exclusive use and enjoyment of the Premises
for the term herein. In addition, the Tenant is hereby granted a non-exclusive
use and enjoyment of the Common Areas for the term herein in conjunction with
such other persons as the Landlord may now or hereinafter determine in its sole
discretion may enjoy the right to use the Common Areas, all subject to
reasonable limits as established by the Landlord.
1.3 If approved in writing by the Landlord, the Tenant may sublease the Premises to
physicians not part of the FHO.
Term
1.4 The Tenant is entitled hereby to have and to hold the Premises for and during
the term of five (5) years commencing on August 3, 2022 and ending on the
August 3, 2027 ("the term").
Overholding Tenant
1.5 if the Tenant continues to occupy the Premises after the termination of
this Agreement, with the consent of the Landlord and without any further written
agreement, the Tenant shall be a yearly tenant.
Renewal
1.6 In the event that the Tenant is not in breach of this Agreement, the Tenant shall
have the right to renew the term hereof for an additional five (5) years ("new
term") upon giving the Landlord not less than three (3) months' prior notice
thereof. The new term will be on the same terms and conditions set out herein
and rent shall commence based on the amount paid in year 5, as adjusted in
accordance with section 1.9.
Right of Termination
1.7 Either party herein shall have the right to terminate this Agreement, without
penalty, upon giving the other party not less than 60 days' notice in writing.
Rent
1.8 The Tenant shall pay unto the Landlord the sum of seven hundred and twenty one
dollars and fifty-eight cents ($721.58) plus HST per month for each physician
within the Kincardine FHO during the term of this Agreement. In all cases, the
rental payments shall be made on or in advance of the first day of the respective
5166788.2
5167550.1 2 I
month. The Tenant agrees to update the Landlord within five (5) days if there has
been a change to the number of physicians in the Kincardine FHO.
1.9 The above noted rent shall increase by the Ontario Consumer Price Index(CPI)
to be calculated at the end of each calendar year.
1.10 Notwithstanding anything contained herein, the terms of this Lease may be
modified or adjusted for a particular physician tenant should that physician enter
into a separate Physician Incentive Agreement with the Municipality of
Kincardine.
COVENANTS OF THE TENANT
The Tenant hereby agrees to fully and faithfully comply with all of the covenants of
the Tenant as set out below:
Pay rent
2.1 To pay rent in a timely manner in accordance with the provisions of this
Agreement.
2.2 If the Tenant fails to pay any Rent when the same is due and payable, such
unpaid amount shall bear interest at the same rate as is charged on overdue
taxes by the Municipality, with such interest to be calculated from the time such
Rent becomes due until paid by the Tenant.
Use of Premises and Special Uses with Landlord Permission
2.3 The Premises shall be used only for the purposes of the Tenant conducting their
practice of medicine and shall not be utilized for any other purpose or purposes
without the express consent of the Landlord in writing. The Landlord shall own
all chattels located in the HCC premises except where a letter identifies those
owned by an individual physician or by the Family Health Organization. The
Tenant agrees to not remove any of the HCC chattels in order to facilitate a
medical turnkey environment for all physicians, now and in the future.
2.4 The Tenant agrees to adhere to the Municipality of Kincardine's policies and
procedures as it relates to tangible capital assets and the purchase of goods and
services procured by the Municipality of Kincardine.
5166788.2
5167550 1 3 I
Landlord's Access
2.5 To permit the Landlord and its agents at all reasonable times and upon advanced
notice to enter the Premises for the purpose of showing the Premises or to
inspect the condition thereof.
Return of Premises on termination
2.6 The Tenant shall, at the termination of the term unless otherwise arranged with
the Landlord, peacefully surrender the Premises unto the Landlord in good and
substantial repair and condition, reasonable wear and tear excepted.
Comply with all Laws
2.7 The Tenant shall comply with the requirements of all applicable laws, by-laws,
regulations and orders at any time in force during the term hereof and affecting
the condition, equipment, maintenance, use or occupation of the Premises.
Insurance and Indemnity
2.8 The Tenant shall, at their expense obtain and keep in force during the term of the
Lease:
i. Commercial General Liability Insurance satisfactory to the Landlord and
underwritten by an insurer licensed to conduct business in the Province of
Ontario. The policy shall provide coverage for Bodily Injury, Property
Damage and Personal Injury and shall include but not be limited to:
1. A limit of liability of not less than $ 5 Million/occurrence with an
aggregate of not less than $ 5 Million
2. Add the Corporation of the Municipality of Kincardine as an additional
insured with respect to the operations of the Named Insured
3. The policy shall contain a provision for cross liability and severability
of interest in respect of the Named Insured
4. Non-owned automobile coverage with a limit not less than
$2,000,000 and shall include contractual non-owned coverage(SEF
96)
5. Products and completed operations coverage
6. Broad Form Property Damage
7. Contractual Liability
8. Hostile fire
9. The policy shall provide the Landlord with thirty (30)days prior notice
of cancellation
ii. Tenants Legal Liability Insurance:
5166788 2
5167550.1 4 I '"
Tenant's legal liability insurance for the actual cash value of the building and
structures on the demised premises, including loss of use thereof;
iii. Each policy will provide that the insurer will not have any right of subrogation
against the Landlord on account of any loss or damage covered by such
insurance or on account of payments made to discharge claims against or
liabilities of the Landlord or Tenant covered by such insurance. The cost or
premium for each and every such policy will be paid by the Tenant.
iv. Primary Coverage:
The Tenant's insurance shall be primary coverage and not additional to and
shall not seek contribution from any other insurance policies available to the
municipality.
v. Certificate of Insurance:
The Tenant shall provide a Certificate of Insurance evidencing coverage in
force at least 10 days prior to contract commencement and upon request
from the Landlord throughout the term of this Lease and any renewal or
overholding.
Telecommunications
2.9 The Tenant shall be responsible for all telecommunications (including phone,
internet, broadband and cable) operating charges.
Indemnification
2.10 The Tenant shall defend, indemnify and save harmless the Corporation of the
Municipality of Kincardine, its elected officials, officers, employees and agents
from and against any and all claims of any nature, actions, causes of action,
losses, expenses, fines, costs (including legal costs), interest or damages of
every nature and kind whatsoever, including but not limited to bodily injury,
sickness, disease or death or to damage to or destruction of tangible property
including loss of revenue or incurred expense resulting from disruption of
service, arising out of or allegedly attributable to the negligence, acts, errors,
omissions, misfeasance, nonfeasance,fraud or willful misconduct of the Tenant,
its physicians, directors, officers, employees, agents, contractors and
subcontractors, or any of them, in connection with or in any way related to the
delivery or performance of this Agreement. This indemnity shall be in addition
to and not in lieu of any insurance to be provided by the Tenant in accordance
with this Agreement and shall survive this Agreement.
5166788 2
5167550 1 5 1
Damages
2.11 The Tenant shall not do or permit any waste, damage, or injury to the Premises
or the fixtures and equipment thereof and shall take every reasonable precaution
to protect the Premises from danger of fire, vandalism, water damage or the
elements.
Right of re-entry
2.12 The Tenant hereby agrees that the Landlord may re-enter the Premises after
fifteen (15) business days' written notice to the Tenant of non- payment of rent
or non-performance of covenants, subject to the provisions of this Agreement.
Insolvency or Abandonment
2.13 If the Tenant makes assignment for the benefit of creditors or takes the benefit
of any Act for bankrupt or insolvent debtors, or if a receiving order is made
against the Tenant, or an order is made for the winding up of the Tenant, or any
insurance policy is cancelled or not renewed by reason of the use or occupation
of the Premises or by reason of non-payment of premiums, or if the Premises
shall become vacant for a period of thirty (30) consecutive days, or be used by
any other persons than such as are entitled to use them under the terms of this
Agreement,then the Landlord may re-enter and take possession of the Premises
and, upon immediate notice, terminate this Agreement.
Remedies of the Landlord
2.14 If the Tenant fails to perform or observe any covenants herein, which failure
continues for fifteen (15)days after the Tenant's receipt of written notice thereof,
the Landlord shall have the following remedies, which are cumulative and not in
the alternative and which are without prejudice to any other rights or remedies it
may have:
(a) The Landlord may enter the Premises and perform the Tenant's obligation
on behalf of the Tenant, without liability for any loss or damage to the
Tenant's goods, chattels or business caused in so doing. Any reasonable
expenses incurred by the Landlord thereby shall be paid by the Tenant
forthwith and shall be recoverable in the same manner as rent; and
(b) The Landlord may by written notice terminate this Agreement, in which
case rent and any other payments for which the Tenant is liable shall be
apportioned and paid in full to the date of termination, together with the
expenses of the Landlord attributable to the termination, and the Tenant
shall immediately deliver up possession of the Premises.
5166788.2
5167550 1 6 I
COVENANTS OF THE LANDLORD
The Landlord hereby agrees to fully and faithfully comply with all of the covenants of the
Landlord which are set out below:
Quiet enjoyment
3.1 Provided the Tenant performs all its covenants in this Agreement,the Tenant shall
have quiet enjoyment of the Premises.
Insurance
3.2 The Landlord shall insure the Premises against such perils and in such amount
as necessary, in the opinion of the Landlord,to protect the Landlord's interests in
the Premises.
Damaae or destruction
3.3 If the Premises or any portion thereof are damaged or destroyed by fire or by
other casualty, the rent shall abate in proportion to the area of that portion of the
Premises which, in the opinion of the Landlord's architect or professional
engineer, is thereby rendered unfit for the purposes of the Tenant until the
Premises are repaired or rebuilt to the Landlord's satisfaction, and the Landlord
shall repair or rebuild the Premises. Rent shall recommence to be payable one
(1) day after the Landlord notifies the Tenant that the Premises are repaired or
rebuilt; provided, however, that the Landlord and tenant's right of termination in
section 1.7 continues to apply and either party may terminate this Agreement,
without penalty, upon giving the other party not less than 60 days' notice in
writing.
Electrical Facilities
3.4 The Landlord shall be responsible for the cost of supplying the Premises with
electric power.
Supply of Water/Sewer Services
3.5 The Landlord shall be responsible for the cost of water and sewer charges supplied
to the Premises.
5166788.2
5167550.1 7 I
Supply of Heating/Air Conditioning
3.6 The Landlord shall at its sole expense supply adequate heat and air conditioning
to the Premises.
Elevator
3.7 The Landlord shall maintain the elevator in the HCC.
Repairs and Maintenance
3.8 The Landlord shall at all times and at its own cost and expense maintain and
repair the Premises and Building (including replacements of capital aspects of
the Premises and Building where necessary) to a similar quality as the original
work, including:
• all building repairs and capital improvements greater than $500
• repairing and replacing the roof,
• repairing and maintaining the exterior facade of the building,
• replacing its plumbing, heating, lighting, water and ventilation
systems and major repairs thereto,
• replacement of broken windows,
• cleaning the exterior windows,
• replacement of light fixtures(ballasts,etc.),
• pest control,
• flooring and carpeting,
• fire extinguishers,
• elevator maintenance,
• disposal of non-hazardous garbage and refuse on a regular basis,
including the provision of bag tags, and
• repainting the walls should this be requested by the Tenant and
approved by the Landlord.
3.9 The Landlord shall give the Tenant at least five (5) business days' prior notice of
any repairs or replacements to, or which would otherwise affect the normal conduct
of any business operations in, the Premises (except in the case of an emergency
posing imminent risk of material harm to persons or property, in which event the
Landlord shall only be required to give such notice as is reasonable under the
circumstances).
3.10 If, in the Tenant's reasonable judgment, the Landlord's repairs would materially
interfere with or disrupt the normal conduct of any business operations in the
5166788 2
51675501 8 l -
Premises, the Landlord shall perform such repairs only after the regular hours of
operation of Tenant. The Landlord shall take such measures in this regard as are
reasonable in its opinion to minimize disruption to the Tenant's activities but shall
not be responsible for loss or harm occasioned thereby.
3.11 The Tenant shall give Landlord prompt notice of any defects in the Building or
the Premises.
a) The Landlord shall proceed with due diligence, and in accordance with the
restriction in s. 3.10, to make repairs to any defects in the Building or the
Premises that in the opinion of the Landlord acting reasonably are significant
in nature and relate either to the health and safety of the Tenant, its staff,
employees, agents or invitees and or that materially interfere with the ability
of the Tenant to operate its business at the Premises or due to an emergency,
within fifteen (15) business days after receiving notice of same. If Landlord
fails after fifteen (15) business days' notice to proceed with due diligence to
make repairs that in the opinion of the Landlord acting reasonably are
significant and relate either to the health and safety of the Tenant, its staff,
employees, agents or invitees and or that materially interfere with the ability
of the Tenant to operate its business at the Premises or due to an emergency,
and only if the failure to perform such repairs actually increases the risk to
the health and safety of the Tenant, its staff, employees, agents or invitees
or materially interferes with the ability of the Tenant to operate its business in
the Premises or to respond to an emergency, then the Tenant acting
reasonably may make such repair or repairs at the expense of the Landlord,
and the expenses actually incurred by Tenant in making said repairs, shall
be paid to Tenant by the Landlord within thirty (30) days after a copy of a bill
or statement is provided to the Landlord. In the event the Landlord does not
reimburse Tenant for any amounts payable to Tenant hereunder within thirty
(30) days after Tenant's demand therefor, which demand shall be
accompanied by actual documents or invoices supporting the expenses
incurred by the Tenant, the Tenant shall have the right (in addition to any
rights and remedies to which it may be entitled under this Lease, at law, or in
equity) to set-off such amounts against Rent.
3.12 The Landlord shall proceed with due diligence, and in accordance with the
restriction in s. 3.10,to make repairs of all defects that in the opinion of the Landlord
acting reasonably are non-significant and that do not relate to the health and safety
of the Tenant, its staff, employees, agents or invitees and or that do not materially
interfere with the ability of the Tenant to operate its business at the Premises or
are not an emergency, within forty-five (45) business days notice of same being
delivered to the Landlord. If the Landlord fails after forty-five (45) business days'
notice to proceed with due diligence to make repairs of the defects that in the
opinion of the Landlord acting reasonably are non-significant, then the Tenant
acting reasonably may make such repair or repairs at the expense of the Landlord,
and the expenses actually incurred by Tenant in making said repairs, shall be paid
5166788.2
5167550.1 9
to Tenant by the Landlord within thirty (30) days after a copy of a bill or statement
therefor is provided to the Landlord. In the event the Landlord does not reimburse
Tenant for any amounts payable to Tenant hereunder within thirty (30) days after
Tenant's demand therefor, which demand shall be accompanied by actual
documents or invoices supporting the expenses incurred by the Tenant,the Tenant
shall have the right (in addition to any rights and remedies to which it may be
entitled under this Lease, at law, or in equity)to set-off such amounts against Rent.
3.13 The Landlord shall not be responsible for loss or damages arising from its
obligations in this Agreement respecting repair, maintenance or replacement in
relation to the Premises if the Tenant refuses to provide the Landlord with
reasonable access for repairs and maintenance as per section 3.9.
3.14 The Tenant shall at all times and at its own cost and expense maintain and repair
the interior of the Premises and the Common Areas to the quality of the original
work for all minor building repairs less than $500.
Janitorial Services
3.15 The Tenant shall be responsible for the cost of janitorial services, cleaning and
other supplies incurred in order to clean and maintain the Premises and the
Common Areas within the HCC. This includes cleaning of the interior floors, walls
and windows.
Furniture, Fixtures and Other Equipment
4.1 In an effort to provide a turn-key solution to attract and retain physicians to
Kincardine, the Landlord agrees to fund the following equipment, subject to the
annual budgeting process:
• telecommunications capital costs (telephone system, computers,
printers, servers)
• medical equipment including examination tables, diagnostic
equipment, medical instruments, etc.
• Office furniture, filing cabinets, patient seating
• Kitchen appliances
4.2 For greater clarity, the following consumable items are specifically excluded from
the above listing and are the full and complete responsibility of the Tenant and/or
practicing physicians:
• Consumable medical supplies including first aid supplies, surgical
masks, bandages, gauze, antiseptic wipes, or any other disposable
supplies.
• Protective equipment including gloves, face masks, scrubs,etc.
5166788.2
51675501 10 I
• Office supplies and stationery, including printer cartridges
4.3 All equipment, furniture, fixtures, and other capital assets purchased by the
Landlord will remain the property of the Landlord and will be added to the
Municipality of Kincardine's tangible capital asset registry. The Tenant shall not
dispose of any assets without the prior approval of the Landlord and must complete
the required documentation for capital asset disposal and tracking.
4.4 The Tenant shall meet annually with the Municipality of Kincardine to review the
facility and develop a capital program for consideration in the annual budget
process. All requests are subject to approval in the capital and operating budget
as determined by Council.
Grou ndskeepinq
4.5 The Landlord shall maintain and repair the grounds forming part of the HCC to
standards acceptable to the Landlord, including;
• pruning and removal of trees and shrubs, except that no live tree or
shrub shall be removed by the Tenant without the prior approval of
the Landlord,
• cutting the grass,watering the landscaping, and
• pickup and disposal or leaves, waste and other debris
Snow Removal
4.6 The Landlord shall provide snow removal including roadways and sidewalks
forming part of the HCC to standards acceptable to the Landlord.
Tenant's Obligation to Advise Landlord
4.7 The Tenant shall report all damage and all conditions which might create a hazard
to users of the Premises as soon as possible to the Landlord.
PARKING AND ACCES4
Parking
5.1 The Tenant acknowledges that the Landlord leases the HCC through a long-term
lease from the South Bruce Grey Health Centre, which includes use of the
surrounding land for parking. The Tenant specifically acknowledges that the
parking lot is owned and regulated by the South Bruce Grey Health Centre.
5166788 2
51675501 11 i
Access
5.2 In addition to the rights granted in this Agreement, the Tenant and its invitees
shall have a right in the nature of a licence, together with other persons from
time to time entitled thereto, to use the Common Areas and to use such
driveways and laneways as may be required to access the HCC and the Premises
in conjunction with the permitted uses of the Premises by the Tenant.
SIGNS AND IMPROVEMENTS
Signs, Flags and Fixtures
6.1 The Tenant shall not erect on, fix or fasten to the Premises any sign, antenna or
fixture of any kind whatsoever without advance written permission from the
Landlord.The Landlord acknowledges that the Tenant shall be permitted to erect
a sign notifying the public of the Tenant's presence at the HCC, in accordance
with any applicable laws or municipal by-laws and with the prior written approval
of the Landlord.
Alterations by the Tenant
6.2 Except as provided for in Sections 3.11 through 3.13 above, the Tenant shall not
make any installation, alteration, addition or improvement to the Premises
without first obtaining the Landlord's approval in writing, which approval shall
be in the Landlord's sole discretion. Any such works shall be subject to all
provisions of this Agreement.
Dealing with Improvements on Termination
6.3 Upon termination of this Agreement, the Tenant shall surrender the Premises
together with all installations, alterations, additions, fixtures or anything in the
nature of a leasehold improvement made thereon. Notwithstanding the forgoing,
upon termination, the Landlord may require the Tenant to remove its installations,
alterations, additions, fixtures, or anything in the nature of a leasehold
improvement and to make good any damage caused to the demised Premises
by such installation or removal.
No Landlord Obligation to Repair
6.4 The Landlord shall be under no obligation to repair or maintain any installations,
alterations, additions, fixtures of the Tenant or anything in the nature of a
leasehold improvement.
Landlord Right to Reconstruct
5166788.2
5167550.1 12 I
6.5 Should the Landlord determine in its sole discretion to renovate or reconstruct
the HCC, the Common Areas or the Premises, the Tenant agrees to provide the
Landlord and its agents with access to the Premises (with reasonable notice) for
the purpose of such work and for all purposes necessary or incidental thereto. The
Landlord shall take such steps as it deems necessary to minimize disruption to
the activities of the Tenant during the renovation or reconstruction. If, in the
Tenant's reasonable judgment, the Landlord's renovations or reconstruction
would materially interfere with or disrupt the normal conduct of any business
operations in the Premises, the Landlord shall perform such repairs only after
the regular hours of operation of Tenant.
GENERAL PROVISIONS
Priority of Head Lease
7.1. The Tenant acknowledges that the Landlord leases the HCC through a long-term
lease from the South Bruce Grey Health Centre (the "Head Lease"). The Tenant
further acknowledges that the Head Lease was approved by Municipality of
Kincardine By-law No. 2003-18 and runs for a 100-year term, commencing
in February 2003. In the event that the Head Lease is terminated for any reason,
the Tenant's rights under this Agreement shall also be terminated and in such
an event the Tenant shall indemnify and hold the Landlord harmless in
accordance with section 2.8 of this Agreement. The terms and conditions of the
Head Lease shall have priority over the terms of this Lease. In the event that the
Head Lease is changed the Tenant shall agree to be bound by the new terms of
the Agreement.
Notices
7.2 The Landlord's representative for administration of this Agreement and all
decisions related thereto is set forth herein. All notice given or required to be
given under this Agreement shall be in writing, signed by the party giving notice
and personally delivered or transmitted by facsimile transmission or by electronic
transmission to the Landlord at:
Municipal Administration Centre
1475 Concession 5, R.R.#5,Kincardine, Ontario,
Attention: CAO,
Fax No.: (519) 396-8288;
Email: cao@kincardine.ca
and to the Tenant at:
5166788.2
5167550 1 13 I
1201 Queen Street, Kincardine, Ontario;
Attention: Physician Recruiter/Clinic Manager Email:
Fax No.: (519) 396-8434.
Email: physicianrecruitment@kincardine.ca
Any notice or document so given shall be deemed to have been received on the
date of personal delivery or electronic transmission or on the next business day
if transmitted by facsimile transmission.Any party may from time to time by notice
given as provided above change its address for the purposes of this clause.
Assignment or Subletting
7.3 The Tenant shall not be entitled to assign or sublet the whole or any part of the
Premises to another party without the prior written consent of the Landlord and
without the assignee and/or subletter agreeing in writing to be bound by the terms
of this Agreement. The Tenant hereby waives and renounces the benefit of any
present or future act of the Legislature of Ontario which would allow the Tenant
to assign or sublet this Lease without the written consent of the Landlord.
No waiver of default
7.4 No condoning or delay by the Landlord in respect of any default, breach or non-
observance by the Tenant of any covenant in this Agreement operates as a
waiver of the Landlord's rights under this Agreement.
Entire agreement
7.5 There are no covenants, representations, warranties, agreements or conditions,
express or implied, collateral or otherwise,forming part of or in any way affecting
this Agreement.
Registration
7.6 The Tenant shall not register this Agreement.
Severability
7.7 If any clause or parts thereof in this Agreement are determined to be
unenforceable, they shall be considered separate and severable from the
Agreement and the remaining provisions of the Agreement shall remain in full
force and effect.
Successors
5166788.2
5167550.1 14 I
7.8 This Agreement shall be binding upon and enure to the benefit of the parties
hereto and their heirs, successors and permitted assigns (as limited by the
provisions of this Agreement).
Attomment
7.9 This Agreement is governed by the laws in force in the Province of Ontario and
Dominion of Canada, as applicable, and the parties hereto attorn to the
jurisdiction of the court of Ontario.
Headings
7.10 Headings are inserted for the convenience of the parties only and are not to be
considered when interpreting this Agreement.
Statutory Powers
7.11 It is acknowledged that nothing in this Lease derogates from, interferes with, or
fetters the exercise by the Landlord of all of its rights and obligations as a
municipality(whether discretionary or mandatory), or imposes any obligations on
the Landlord in its role as a municipality, and the Landlord shall not be prevented
from or prejudiced in carrying out its statutory rights and responsibilities,
including its planning rights and responsibilities. Nothing in this Lease derogates
from, interferes with, or fetters the exercise by the Landlord' officers, employees,
agents, representatives or elected and appointed officials of all of their rights, or
imposes any obligations on the Landlord's officers, employees, agents,
representatives or elected and appointed officials, other than as expressly set
out in this Lease.
Counterpart
7.12 This Agreement may be executed in counterparts, no one copy of which need to
be executed by both the Tenant and the Landlord. A valid and binding contract
shall arise if and when counterpart execution pages are executed and delivered
by both the Tenant and the Landlord.
[remainder of the page intentionally left blank.Signature page follows.]
5166788.2
51675501 25 I -
IN WITNESS WHEREOF the parties hereto have executed this indenture by their
personal hands or by the hands of their proper signing officers duly authorized in that
regard as at the date first set above.
THE CORPORATION OF THE
MUNICIPALITY OF
KINCARDINE
Gerry -Stover, Mayor
ka kn - 6l4.
1€11Q C3e11CbGnibi -C-11 1,0
We have authority to bind the
Corporation
KINCARDINE FAMILY
HEALTH ORGANIZATION
Per. ,
K:2411*
Name:Dr Anleta , I i c4r.
Title: Lead ehySILtar F!-ro
I have authority to bind the Corporation
5166788.2
5167550.1 16 I
1,0115oemc,' OonnvsaIh 4II np w I,. „n.le D•c,ors o�mn D,.n �I -
I,u S ,ii r 4 '5 -v, -....
� I I r E ;i �I$3T rr� 1 11 i1 ��e I rl I I S T�..
4D D �0."4r r If - I;.
b 5 n nn I rs� 4' U l l I fxnu�ll �z k nr a/mck I
n1,j��
u
t .n { ryry ,
1' t'
-, 1 D I, �. v %g 7 , V 1� Y�"" m'" D .P i �,I �� �i m`�®� arc ,,,,,a«< ramn�e.
--ewn nn , H a 11 D [1- * 1 a .D
: D I . tl 1 EP t I
I � "
L FN :c L 7 1 I "`I E-, I I �F r 1
j'a e-�. ? is` 10 .,.k D d , r, .. $:'�,0 yr� I'.'TM' t 4 Fil , ;,� '- ,,.I .._.
1 �:
p' /' .,.•_..„
J
n4�a '' "Ri"z
U.
1 roc,,,,a F� } sn '
it
® ,,,. ?�, Ij( 21 re r y,,,� _ ' 2112 4 V I L r_J,. ,�i D ;1 r D
p F . ,e :�® i u�TYI e'l u_' .to, �wl el ' F " II ttiTT
{; ,~ % �%� 3 KIN
1 rr. .� ',, yA Ii":i"` k — - rwar/ REa , Ill
I.
n
: -,,;','1,.., " "S
- T ,rmugioIIII I
I Q� , L O7 �
n adn ev' r' IuarwmE �. ( .�"! *rri tiC C� �
y „ uu _—._ .w Sr.
0
i
r « ...s.... -1
1
! i, 8'4 I,-L-I_ 4Ii3 JLL1.;
i
IKINCARDINE COMMUNITY 1
ll MEDICAL CENTRE
KINCARDINE.ONTARIO
INTERIOR RENOVATIONS
I
{ BO, n/ev o 21
IPROPOSED PLAN
i UPPER LEVEL l
s Ja, 0813-1-A101
Schedule A page 2 of 2
j r,
1
1
N
N
/� / r 'o Archives i
/�� � � N, ,p , i _ ,o di, , ,.
Li
If ellilleG
jaq 1' I
V1.7m•IJ"/// canna ,
,Kitche
COMMON
Mil - II
—ma j
I , A.
!1 1 I; 1 1 II