HomeMy WebLinkAbout05 150 LE Agree Merlin Simex
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THE CORPORATION OF THE MUNICIPALITY OF KINCA INE
BY-LAW
NO. 2005 -150
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A LEAS AGREEMENT
WITH MERLIN SIMEX PROFESSIONAL SERVICES FOR RE TAL SPACE IN
THE MUNICIPAL ADMINISTRATION CENTRE AT 1475 CO CESSION 5,
MUNICIPALITY OF KINCARDINE
WHEREAS Section 110 of the Municipal Act, 2001, S.O. 2001, c. 25 authorizes
that municipalities may enter into agreements for the provis on of municipal
capital facilities and that those agreements may allow for t e lease of the
facilities;
AND WHEREAS pursuant to the said Municipal Act, 2001,. 25 ections 8 and 9
(1) provides municipalities with powers of a natural person to enable them to
govern their affairs as they consider appropriate under this or an other Act;
AND WHEREAS the Council for the Municipality of Kinc rdine deems it
advisable to enter into a lease agreement with Merlin Si ex Professional
Services in consideration of the rents, covenants and oblig tions stipulated
therein;
NOW THEREFORE the Council for the Municipality of Kincar ine ENACTS as
follows:
That the Municipality of Kincardine enter into a lease agreement with
Merlin Simex Professional Services, for the rental of mmercial office
space at the Municipal Administration Centre, 1475 Concession 5,
Municipality of Kincardine in consideration of rents, covenants and
obligations;
1.
2. That the Mayor and CAO be authorized to sign, 0 behalf of the
Municipality of Kincardine, the Lease Agreement wi h Merlin Simex
Professional Services attached to this by-law as Schedul "A";
3. That this By-law shall come into full force and effe t upon its final
passage.
4. That this By-law may be cited as the "Municipal Admi istration Centre,
(Merlin Simex Professional Services) Lease Agreement ( 005), By-law".
READ a FIRST, SECOND, and THIRD time and FINALLY ASSED this 21st
day of September, 2005.
~þ/~
Mayór
(
·
BETWEEN:
THIS LEASE made as of theób day of~ (' ~ 200
IN PURSUANCE OF THE SHORT FORMS OF LEASES CT.
This i Schedule n JL n to By-Law
THE CORPORTION OF THE MUNICIPALITY OF¡. C~d the a.. day
-,::>'"/') 20(Y.)
_I:Y
Clerk
(hereinafter called the "Landlord")
OF THE F
- and -
MERLIN SIMEX PROFESSIONAL SER
(hereinafter called the "Tenant")
OF THE SECO
In consideration of the rents, covenants and obligations stipulated herein e Landlord and the
Tenant have agreed to enter into a Lease of the Premises being that p of the building (the
"Building") shown outlined in red on the sketch annexed hereto as Schedul "A" which building
is located on the lands and premises (the "Real Property") being part of Lots 29 and 30,
Concession "A", Township of Kincardine (now Municipality of Kincardi e), County of Bruce,
designated as Parts I and 2 on Reference Plan 3R-5856.
1. GRANT OF LEASE
(a) The Landlord leases the Premises to the Tenant;
(b)
2. RENT
(a)
(b)
(i) at the Rent set forth in Section 2;
(ii) for the Term set forth in Section 3; and
(iii) subject to the conditions in accordance with the cov ants, obligations and
agreements herein.
The Landlord covenants that he has the right to grant the I hold interest in the
Premises free from encumbrances except as disclosed on ti e.
Rent means the amounts payable by the Tenant to the L dlord pursuant to this
Section, and includes additional rent.
The Tenant covenants to pay to the Landlord, during the T of this Lease Rent
in the amount of TWO THOUSAND, FOUR HUNDRED SEVENTY-FIVE
DOLLARS (2,475.00) payable in equal month instalments of TWO HUNDRED
AND SIX DOLLARS AND TWENTY FIVE CENTS ($2 .25), each in advance
on the 1st day of each and every month, the first paymen to be made on the 1 st
day of October, 2005 and the last such payment to be ade on the 1 st day of
September, 2006.
(c) The Tenant further covenants to pay to the Landlord G T on the Rent. The
amount of GST shall be calculated in accordance with th applicable legislation
and shall be paid at the same time as the rent to which the ST applies is payable
to the Landlord under this Lease. The Landlord shall ha e the same rights and
remedies on non-payment of GST as it has for rent in arre under this Lease.
(d)
All payments to be made by the Tenant pursuant to this
to the Landlord at the Landlord's address for service set
such other place as the Landlord may from time to time .
ase shall be delivered
ut in Section 16 or to
ct in writing.
(e) The Tenant agrees to pay in advance to the Landlord at th commencement of the
Term the first and last months' Rent payable under Sectio 2(b) of this Lease.
·
(t)
All Rent in arrears and all sums paid by the landlord for exp
should have been paid by the Tenant shall bear interest fro
was due, or made, or expense incurred at a rate per ann
commercial lending rate of the Landlord's bank plus two (2)
Page #2
ses incurred which
the date payment
equal to the prime
er cent.
(g) The Tenant acknowledges and agrees that the payments of ent provided for in
this Lease shall be made without any deduction for any reas n whatsoever unless
expressly allowed by the terms of this Lease or agreed to by the Landlord in
writing; and
(i) no partial payment by the Tenant which is accepted by e Landlord shall be
considered as other than a partial payment on account of ent owing and shall
not prejudice the Landlord's right to recover any Rent 0 ·ng.
3. TERM AND POSSESSION
(a) The Tenant shall have possession of the Premises for a p 'od of one (1) years
commencing on the I st day of October, 2005 and endin on the 30th day of
September 2006: (the "Term").
(b) Subject to the Landlord's rights under this Lease, and as 1 ng as the Lease is in
good standing the Landlord covenants that the Tenants shall have quiet enjoyment
of the Premises during the Term of this Lease withou any interruption or
disturbance from the Landlord or any other person or pers ns lawfully claiming
through the Landlord.
(c) If the Tenant fails to take possession of the Premises or to 0 en for business on or
before the date specified for commencement of the T of this Lease, the
Landlord shall, in addition to any other remedies, have the right to terminate this
Lease upon twenty-four (24) hours written notice to the enant, and to recover
from the Tenant the cost of all work done by the Lan ord on behalf of the
Tenant.
4. COMMON FACILITIES AND SERVICES
(a) The Tenant, together with and in common with all others titles thereto and their
respective officers, agents, servants, employees, contracto , customers, Invitees
or licensees, shall be entitled to the use and benefit of e Common Facilities.
The Tenant shall not unreasonably block or in any manner . der the Landlord or
other persons who may be authorized by the Landlord t utilize the Common
Facilities from so doing. The landlord may, in his dis 'on from time to time
permit certain persons to have the exclusive use of po ions of the Common
Facilities to the exclusion of the Tenant and other persons.
(b) As part of this Lease, the Landlord shall supply at his ex e the utilities for the
Premises being electricity, water, heat and air-conditioni g and shall further be
responsible for the elevator, existing security system, ow ploughing, lawn
maintenance, custodial services to the Building and age collection and
removal.
(c) For the purposes of this Lease, "Common Facilities" m all common areas and
utilities from time to time furnished or designated (and w ch may be changed) by
the Landlord for the use in common, in such manner as e landlord may permit,
of tenants of premises in the Building and all others enti led to access and their
respective officers, agents, servants, employees, contract rs, customers, invitees
or licensees, including, without limitation, parking areas, ccess roads, driveways,
entrances and exits, sidewalks, ramps, landscaped ar ,building entrances,
lobbies, stairways, elevators, passageways and washroom .
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Page #3
5. ASSIGNMENT
(a) The Tenant shall not assign this Lease or sublet the whol or any part of the
Premises unless he first obtains the consent of the Landlo d in writing, which
consent shall not unreasonably be withheld;
(i) and the Tenant hereby waives his right to the bene t of any present or
future Act of the Legislature of Ontario which woul allow the Tenant to
assign this Lease or sublet the Premises without the L dlord's consent.
(b) The consent of the Landlord to any assignment or subletting hall not operate as a
waiver of the necessity for consent to any subsequent assi ent or subletting.
(c) any consent granted by the Landlord shall be condition upon the assignee,
sublessee or occupant executing a written agreement direct y with the Landlord
agreeing to be bound by all the terms of this Lease as if the signee, sublessee or
occupant had originally executed this Lease as Tenant.
(d) Any consent given by the Landlord to any assignment or 0 er disposition of the
Tenant's interest in this Lease or in the Premises shall not re ieve the Tenant from
his obligations under this Lease, including the obligati n to pay Rent and
Additional Rent as provided for herein.
(e)
If the party originally entering into this Lease as Ten
subsequently becomes the Tenant by way of assignment or
as provided for in this Lease, is a corporation then;
, or any party who
ublease or otherwise
(i) the Tenant shall not be entitled to deal with its authoriz or issued capital or
that of an affiliated company in any way that result in a change in the
effective voting control of the Tenant unless the Lan ord first consents in
writing to the proposed change;
(H)
if any change is made in the control of the Tenant
written consent of the Landlord then the landlord s
the Tenant as being in default and to exercise the
paragraph 11 (b) of this Lease and any other remedi
rporation without the
I be entitled to treat
emedies stipulated in
available in law;
(iH) the Tenant agrees to make available to the LandI rd or his authorized
representatives the corporate books and record of the Tenant for
inspection at reasonable times.
6. USE
(a) During the Term of the Lease the Premises shall not be u for any purpose other
than commercial office purposes.
(b) The Tenant shall only make such reasonable use of the 'lities supplied to the
Premises as would a reasonable tenant using the Premises for commercial office
purposes.
(c) The Tenant shall not do or permit to be done at the Premis anything which may:
(i) constitute a nuisance;
(ii) cause damage to the Premises;
(Hi) cause injury or annoyance to occupants ofneighbo
(v)
constitute a breach of any by-law, statute, ord
municipal, provincial or other competent au
Premises.
or regulation of any
rity relating to the
(iv) make void or voidable any insurance upon the Pr
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Page #4
7. REPAIR AND MAINTENANCE
(a) The Tenant covenants that during the terms of this Lease an any renewal thereof
the Tenant shall keep in good condition the Premises inclu . g all alterations and
additions made thereto, and shall, with or without notice promptly make all
needed repairs and all necessary replacements as would a p ent owner;
(i)
and if upon such examination repairs are found to
notice of the repairs required shall be given to the T
of the Landlord and the Tenant shall make the necess
time specified in the notice;
by the Landlord to
the state of repair at
(i) but the Tenant shall not be liable to effect repairs attri utable to reasonable
wear and tear, or to damage caused by fire, lightning or st rm.
(b)
The Tenant shall permit the Landlord or a person authoriz
enter the Premises to examine the condition thereof and vie
reasonable times:
e necessary, written
ant by or on behalf
repairs within the
(ii)
and if the Tenant refuses or neglects to keep the Pr
the Landlord may, but shall not be obliged to, make
and shall be permitted to enter the Premises, by hi
agents, for the purpose of effecting the repairs with
Tenant for any loss, damage or inconvenience to the
with the Landlord's entry and repairs.
ises in good repair
y necessary repairs,
elf or his servants or
t being liable to the
enant in connection
(A) and if the Landlord makes repairs the Tenan shall pay the cost of
them immediately as Additional Rent.
(c)
Upon the expiry of the Term or other detennination of
agrees peaceably to surrender the Premises, including any
made thereto, to the Landlord in a state of good repair,
and damage by fire, lightuing and storm only expected.
(d)
The Tenant shall immediately give written notice to
substantial damage that occurs to the Premises from any ca
's Lease the Tenant
terations or additions
onable wear and tear
Landlord of any
8. ALTERNATIONS AND ADDITIONS
(a) If the Tenant, during the Term of this Lease or any renewal of it, desires to make
any alteration or addition to the Premises, including but n t limited to: erecting
partitions, attaching equipment, and installing necessary . shing or additional
equipment of the Tenant's business, The Tenant may do so t his own expense, at
any time and from time to time, if the following conditions e met:
(i) before undertaking any alteration or addition the enant shall submit to
the Landlord a plan showing the proposed alteratio or additions and the
Tenant shall not proceed to make any alteration r addition unless the
Landlord has approved the plan, and the Landlord hall not unreasonably
or arbitrarily withhold his approval;
(A) and items included in the plan whic are regarded by the
Tenant as "Trade Fixtures" shall be esignated as such on
the plan;
(ii) any and all alterations or additions to the Premise made by the Tenant
must comply with all applicable building code s dards and by-laws of
the municipality in which the Premises are located.
(b) The Tenant shall be responsible for and pay the cost of an alterations, additions,
installations or improvements that any governing authority, municipal, provincial
or otherwise, may require to be made in, on or to the Prernis .
,
Page #5
(c) No sign, advertisement or notice shall be inscribed, paint or affixed by the
Tenant, or any other person on the Tenant's behalf, on any part of the inside or
outside of the building in which the Premises are loca ed unless the sign,
advertisement or notice has been approved in every respect b the Landlord.
(d) All alterations additions to the Premises made by or on behal of the Tenant, other
than the Tenant's Trade Fixtures, shall immediately becom the property of the
Landlord without compensation to the Tenant.
(e) The Tenant agrees, at his own expense and by whatever me s may be necessary,
immediately to obtain the release or discharge of any en brance that may be
registered against the landlord's property in connection ·th any additions or
alterations to the Premises made by the Tenant or in conn ction with any other
activity of the Tenant.
(t) If the Tenant has complied with his obligations according to the provisions of this
Lease, the Tenant may remove his Trade Fixtures at the en of the Term or other
termination of the Lease and the Tenant covenants that he will make good and
repair or replace as necessary any damage caused to the P . ses by the removal
of the Tenant's Trade Fixtures.
(g)
Other than as provided in paragraph 8(t) above, the Tenan
term of this Lease or any time thereafter remove from th
Fixtures or other goods and chattels of the Tenant ex
circumstances:
shall not, during the
Premises any Trade
t in the following
(i) the removal is in the ordinary course of bus in s:
(ii) the Trade Fixture has become unnecess for the Tenant's
business or is being replaced by a new or sim lar Trade Fixture; or
(Hi) the Landlord has consented in writing to the oval;
but in any case the Tenant shall make good any damage ca
the installation or removal of any Trade Fixtures,
furnishings and any other objects whatsoever brought ont
Tenant.
ed to the Premises by
uipment, partitions,
the Premises by the
(h) The Tenant shall, at his own expense, if requested by the L
all additions or improvements made by the Tenant to th Premises during the
Tenn and shall repair all damage caused by the installat on or the removal or
both.
(i) The Tenant shall not bring on to the Premises or any p of the Premises any
machinery, equipment or any other thing that might,' the opinion of the
Landlord, by reason of its weight, size or use, damage th Premises or overload
the floors of the Premises:
(i) and if the Premises are damaged or overloaded the enant shall restore the
Premises immediately or pay to the Landlord th cost of restoring the
Premises.
9. INSURANCE
(a) The Tenant covenants to keep the Landlord indenmified gainst all claims and
demands whatsoever by any person, whether in respect 0 damage to person or
property, arising out of or occasioned by the maintenan , use or occupancy of
the Premises or the subletting or assignment of same or an part thereof. And the
Tenant further covenants to indenmify the landlord with respect to any
encumbrance on or damage to the Premises, the Buil ng and the Common
Facilities occasioned by or arising from the act, default or negligence of the
Tenant, its officers, agents, servants, employees, contrac , customers, invitees
or licensees:
Page #6
(i) and the Tenant agrees that the foregoing indemni shall survive the
termination of this Lease notwithstanding any proviso ns of this Lease to
the contrary.
(b) The Tenant shall carry insurance in his own name to p vide coverage with
respect to the risk of business interruption to an extent su cient to allow the
Tenant to meet his ongoing obligations to the Landlord and protect the Tenant
against loss of revenues.
(c) The Tenant shall carry insurance in his own name insurin against the risk of
damage to the Tenant's property within the premises caused y fire or other perils
and the policy shall provide for coverage on a replacement cost basis to protect
the Tenant's stock-in-trade, equipment, Trade Fixture, decorations and
improvements.
(d) The Tenant shall, during the term of this lease, provide, at 's own expense, and
keep in full force and effect, in the names of the Landlord d the Tenant, public
liability insurance applying to all operations of the Tenant an which shall include
bodily injury liability and tenants' legal liability with respec to the occupancy by
the Tenant of the Premises. Such policies shall be written on a comprehensive
basis with limits of not less that ONE MILLION DOLLAR per occurrence and
with a cross liability clause. All policies of insurance req . ed to be maintained
under this provision shall be with a company or comp . es licensed to do
business within the Province of Ontario and approved by the Landlord. The
Tenant shall furnish the Landlord with certificates or other a ceptable evidence of
all such insurance promptly upon request.
10. DAMAGE TO THE PREMISES
(a) If the Premises or the building in which the Premises are 10 ted, are damaged or
destroyed, in whole or in part, by fire or other peril, then th following provisions
shall apply;
(i)
if the damage or destruction renders the Premises
impossible to repair or rebuild using reasonable dili
days from the happening of such damage or des
hereby granted shall cease from the date the
occurred, and the Tenant shall immediately surrend
Term and give possession of the Premises to the L
from the time of the surrender shall abate;
t for occupancy and
ce within 120 clear
ction, then the Term
age or destruction
the remainder of the
dlord, and the Rent
(ii) If the Premises can, with reasonable diligence, be r aired and rendered fit
for occupancy within 120 days from the happ . g of the damage or
destruction, but the damage renders the Premi es wholly unfit for
occupancy, then the rent hereby reserved shall not e after the day that
such damage occurred, or while the process of rep r is going on, and the
Landlord shall repair the Premises with all reas able speed, and the
Tenant's obligation to pay Rent shall resume i ediately after the
necessary repairs have been completed;
(iii) If the leased Premises can be repaired with 120 da as aforesaid, but the
damage is such that the leased Premises are cap Ie of being partially
used, then until such damage has been repaired, the Tenant shall continue
in possession and the Rent shall abate proportionatel .
(b) Any question as to the degree of damage or destruction or the period of time
required to repair or rebuild shall be determined by an ar hitect retained by the
Landlord.
,
Page #7
(c) There shall be no abatement from or reduction of the Rent p yable by the Tenant,
nor shall the Tenant be entitled to claim against the LandI rd for any damages,
general or special, caused by fire, water, sprinkler systems, partial or temporary
failure or stoppage of services or utilities which the Landlord is obliged to provide
according to this Lease, from any cause whatsoever.
11. ACTS OF DEFAULT AND LANDLORD'S REMEDIES
(a) An Act of Default has occurred when:
(i) the Tenant has failed to pay Rent for a period of 15 consecutive days,
regardless of whether demand for payment has been ade or not;
(ii) the Tenant has breached his covenants or failed t perform any of his
obligations under this Lease; and
(A) the Landlord has given notice specifying th nature of the default
and the steps required to correct it; and
(8) the Tenant has failed to correct the defau t as required by the
notice;
(iii) the Tenant has;
(A) become bankrupt or insolvent or made assignment for the
benefit of Creditors;
(B) had its property seized or attached in satisfac . on of a judgment;
(C) had a receiver appointed;
(D) committed any act or neglected to do anythi g with the result that a
Construction Lien or other encumbrance is registered against the
Landlord's property;
(E) without the consent of the Landlord, ma e or entered into an
agreement to make a sale of its assets to w . ch the Bulk Sales Act
applies;
(F) taken action, if the Tenant is a corporation, ·th a view to winding
up, dissolution or liquidation;
(iv) any insurance policy is cancelled or not renewed y reason of the use or
occupation of the Premises, or by reason ofnon-pa ent of premiums;
(v) the Premises;
(A) become vacant or remain unoccupied for period of thirty (30)
consecutive days; or
(8) are not open for business on more than (30) business days in
any twelve (12) month period or on any elve (12) consecutive
business days;
(C) are used by any other person or persons, 0 for any other purpose
than as provided for in this Lease without the written consent of
the Landlord.
(b) When an Act of Default on the part of the Tenant has oc
(i) the current month's rent together with the next ee months' rent shall
become due and payable immediately;
,
Page #8
or
(ii) the landlord shall have the right to terminate this Le
Premises and deal with them as he may choose.
(c) If, because an Act of Default has occurred, the Landlord ercises his right to
terminate this Lease and re-enter the Premises prior to the d of the Term, the
Tenant shall nevertheless be liable for payment of Rent d all other amounts
payable by the Tenant in accordance with the provisions 0 this Lease until the
Landlord has re-Iet the Premises or otherwise dealt with e Premises in such
manner that the cessation of payments by the Tenant will n result in loss to the
Landlord;
(i) and the Tenant agrees to be liable to the Landlord, until the end of the
Term of this Lease for payment of any difference b een the amount of
Rent hereby agreed to be paid for the Term hereby anted and the Rent
any new tenant pays to the Landlord.
(d) The Tenant covenants that notwithstanding any present r future Act of the
Legislature of the Province of Ontario, the personal property of the Tenant during
the term of this Lease shall not be exempt from levy by distress for Rent in
arrears;
(i) and the Tenant acknowledges that it is upon the exp ss understanding that
there should be no such exemption that this Lease i entered into, and by
executing this Lease:
(A) the Tenant waives the benefit of any such egislative provisions
which might otherwise be available to the T ant in the absence of
this agreement;
and
(B)
the Tenant agrees that the Landlord may pIe
estoppel against the Tenant if an action i
Landlord's right to levy distress against the T
this covenant as an
brought to test the
1's property.
(e) If, when an act of Default has occurred, the Landlord choos s not to terminate the
. Lease and re-enter the Premises, the Landlord shall have th right to take any and
all necessary steps to rectify any or all Acts of Default ofth Tenant and to charge
the costs of such rectification to the Tenant and to recover costs as Rent.
(t) If, when an Act of Default has occurred, the Landlord ch ses to waive his right
to exercise the remedies available to him under this Leas or at law the waiver
shall not constitute condonation of the Act of Default, n r shall the waiver be
pleaded as an estoppel against the Landlord to prevent his ercising his remedies
with respect to a subsequent Act of Default:
(i) No convenant, term, or condition of this Lease s I be deemed to have
been waived by the Landlord unless the waiver is in writing and signed by
the Landlord.
12. TERMINATION UPON NOTICE AND AT THE END OF TE
(a) If the Landlord desires at any time to demolish the Premis or any part thereof, to
an extent that renders continued possession by the tenant i practicable, or if the
Premises are expropriated or condemned by any competent uthority:
(i) The Landlord shall have the right to terminate this
(90) clear days' notice in writing to the Tenant; or
,
(ii)
The Landlord may require the Tenant to vacate the pr
(90) days from payment by the Landlord to the T
three months' rent,
Page #9
. ses within ninety
of a bonus equal to
(A) but payment of the said bonus shall be acco panied or preceded
by written notice from the Landlord to the T ant advising of the
Landlord's intent to exercise this option
(b) The Tenant agrees to permit the Landlord during the last months of
the Term of this Lease to display "For Renf' or "For Sale" signs or both at the
Premises and to show the Premises to prospective new ten ts or purchasers and
to permit anyone having written authority of the Landlord to . ew the Premises at
reasonable hours.
( c) If the Tenant remains in possession of the Premises after t ination of
this Lease as aforesaid and if the Landlord then accepts rent r the Premises from
the Tenant, it is agreed that such overholding by the Ten t and acceptance of
Rent by the Landlord shall create a monthly tenancy only ut the tenancy shall
remain subject to all the terms and conditions of this Lease e cept those regarding
the Term.
13. ACKNOWLEDGEMENT BY TENANT
The Tenant agrees that he will at any time or times during the T upon being given at
least forty-eight (48) hours prior written notice, execute and deli er to the Landlord a
statement in writing certifying:
(a) that this Lease is unmodified and is in full force and effect r if modified stating
the modifications and confirming that the Lease is in ful 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 pai
(e) particulars of any prepayment of Rent or security deposits; d
(t) particular of any subtenancies.
14. SUBORDINATION AND POSTPONEMENT
(a) This Lease and all the rights of the Tenant under this ase are subject and
subordinate to any and all charges against the land, buildin s or improvements of
which the Premises form part, whether the charge is in the nature of a mortgage,
trust deed, lien or any other form of charge arising fro the financing or re-
financing, including extensions or renewals, of the Lan lord's interest in the
property.
(b) Upon the request of the Landlord the Tenant will execute any form required to
subordinate this Lease and the Tenant's right to any suc charge, and will, if
required, attorn to the holder of the charge.
(c) No subordination by the Tenant shall have the effect ofp itting the holder of
any charge to disturb the occupation and possession of the remises by the Tenant
as long as the Tenant performs his obligations under this L e.
,
15. RULES AND REGULATIONS
Page #10
The Tenant agrees on behalf of itself and all persons entering e building with the
Tenant's authority or permission to comply with all reasonable rules and regulations that
form part of this Lease or that the Landlord may make from time t time for the safety,
care and cleanliness of the Building and the preservation of good rder in the Building
and Common Facilities.
16. NOTICE
(a) Any notice required or permitted to be given by one party to e other pursuant to
the terms of this Lease may be given.
to the Landlord at:
1475 5th Concession
RR#5
Kincardine, Ontario
N2Z 2X6
to the Tenant at the Premises or at:
Box 272-1475 Fifth Concession
Kincardine, Ontario
N2Z 2Y7
(b) The above addresses may be changed at any time by giving ten (10) days written
notice.
(c) Any notice given by one party to the other in accordance ·th the provision of
this Lease shall be deemed conclusively to have been eceived on the date
delivered if the notice is served personally or seventy-two (7 ) hours after mailing
if the notice is mailed.
17. REGISTRATION
The Tenant shall not at any time register notice of or a copy of thi Lease on title to the
Property of which the Premises form part without consent of the L dlord.
18. INTERPRETATION
(a) The words importing the singular number only shall incl
versa, and words importing the masculine gender shall . clude the feminine
gender, and words importing persons shall include firms and corporations and
vice versa.
(b) Unless the context otherwise requires, the word "Lan lord" and the word
"Tenant" wherever used herein shall be construed to . clude the executors,
administrators, successors and assigns of the Landlord and enant, respectively.
(c) When there are two or more Tenants bound by the s e covenants herein
contained, their obligations shall be joint and several.
19. OPTIONS TO RENEW
When not in default hereunder, the Tenant shall have the option f renewing this lease.
Such renewal shall be on terms and conditions to the mutuall agreed upon by the
Landlord and Tenant.
,
Page # 11
IN WITNESS WHEREOF the Landlord and the Tenant have execut
SIGNED, SEALED AND DELIVERED
in the presence of
af~'it:(l)LJL I}
Witn ss I
)THE CORPORATION
)MUNICIPALlTY OF
)
)
) Glenn R. Sutton, Ma or
).---
fi
Page #12
SCHEDULE OF RULES AND REGULATIONS FORMING PART F TmS LEASE
The Tenant shall observe the following Rules and Regulations (as
supplemented from time to time by the Landlord as provided in this Lease):
1. The sidewalks, entrances, elevators, stairways and corridors of the uilding shall not be
obstructed or used by the Tenant, his agents, servants, contractors, i vitees or employees
for any purpose other than access to and from the Premises.
2. The floors, sky-lights and windows that reflect or admit light into assageways or into
any place in the building shall not be covered or obstructed by the Tenant, and no
awnings shall be put over any window.
3. The toilets, sinks, drains, washrooms and other water apparatus shal not be used for any
purpose other than those for which they were constructed, and no sweepings, rubbish,
rags ashes or other substances, such as chemicals, solvents, noxio liquids or pollutants
shall be thrown therein, and any damage resulting to them from mis se shall be borne by
the Tenant by whom or by whose employees, agents, servants, con ctors or Invitees the
damage was caused.
4.
In the event that the Landlord provides and installs a Public Direc
buildings, the Tenant's name shall be placed on the said Board
Tenant.
ry Board inside the
the expense of the
5. The Tenant shall not perform any acts or carry on any activity w 'ch may damage the
Premises or the common areas or be a nuisance to any other tenant.
6. No animals or birds shall be brought into the building or kept on the
7. The Tenant shall not mark, drill into, bore or cut or in any way amage or deface the
walls, ceilings or floors of the Premises. No wires, pipes or condui s shall be installed in
the Premises without prior written approval of the Landlord. No b adloom or carpeting
shall be affixed to the Premises by means of a non-soluble adhesive r similar products.
8.
No one shall use the Premises for sleeping apartments or resid
storage of personal effects or articles other than those required for
for any illegal purpose.
. aI purposes, for the
usiness purposes, or
9.
The Tenant shall not use or permit the use of any objectionable ad
as, without limitation, loudspeakers, public address systems, so
broadcast or television apparatus within the building which is in
visible outside of the Premises.
'sing medium such
d amplifiers, radio,
y manner audible or
10. The Tenant must observe strict care not to allow windows to rem' open so as to admit
rain or snow, or so as to interfere with the heating of the building. e Tenant neglecting
this rule will be responsible for any damage caused to the property of other tenants, or to
the property of the Landlord, by such carelessness. The Ten t, when closing the
Premises, shall close all windows and lock all doors.
11. The Tenant shall not without the express written consent of th
additional locks upon any doors of the Premises and shall not p t any duplicate keys
to be made therefor; but shall use only additional keys obtained fro the Landlord, at the
expense of the Tenant, and shall surrender to the Landlord on e termination of the
Lease all keys of the Premises.
12. No inflammable oils or other inflammable, toxic, dangerous or ex losive materials shall
be kept or permitted to be kept in or on the Premises.
13. No bicycles or other vehicles shall be brought within the Premises r upon the Landlord's
property, including any lane or courtyard, unless otherwise agreed' writing.
14. Nothing shall be placed on the outside of windows or projectio of the Premises. No
air-conditioning equipment shall be placed at the windows of the Premises without the
consent in writing of the Landlord.
,
Page #13
15. The moving of all heavy equipment and office equipment or fumi shall occur only
between 6:00 p.m. and 8:00 a.m. or any other time consented to by e Landlord and the
persons employed to move the same in and out of the building must be acceptable to the
Landlord. Safes and other heavy equipment shall be moved throu the Premises and
common areas only upon steel bearing plates. No deliveries req 'ring the use of an
elevator for freight purposes will be received into the building or c . ed in the elevators,
except during hours approved by the Landlord.
16. Canvassing, soliciting and peddling in the building is prohibited.
17. The Tenant shall first obtain in writing the consent of the Landlo to any alteration or
modification to the electrical system in the Premises and all uch alterations and
modifications shall be completed at the Tenant's expense by an electrical contractor
acceptable to the Landlord.
18. The Tenant shall first obtain in writing the consent of the Landlor to the placement by
the Tenant of any garbage containers or receptacles outside the Pr . ses or building.
19. The Tenant shall not install or erect on or about the Premises television antennae,
communications towers, satellite dishes or other such apparatus.
20. The Landlord shall have the right to make such other and further reasonable rules and
regulations and to alter, amend or cancel all rules and regulations as in its judgement may
from time to time be needed for the safety, care and cleanliness 0 the building and for
the preservation of good order therein and the same shall be kept and observed by the
Tenant, his employees, agents, servants, contractors or Invitees. Landlord may from
time to time waive any of such rules and regulations as applied to p . cular tenants and is
not liable to the Tenant for breaches thereof by other tenants.
,
Page #14
Schedule A
To Lease made between
THE CORPORTION OF THE MUNICIPALITY OF KlNC INE
(the Landlord)
And
MERLIN SIMEX PROFESSIONAL SERVICES
(the Tenant)
As outlined below, the area to be leased total 198 square fi
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