HomeMy WebLinkAbout04 153 Professional Develop
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THE CORPORATION OF THE MUNICIPALITY OF KINC INE
BY-LAW
NO. 2004-153
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BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A LEA E AGREEMENT
WITH PROFESSIONAL DEVELOPMENTAUDIAGNOSTIC C UNSELLlNG
SERVICES FOR RENTAL SPACE IN THE MUNICIPAL ADM NISTRATION
CENTRE, 1475 CONCESSION 5, MUNICIPALITY OF KI CARDINE
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 Secti ns 8 and 9 (1)
provides municipalities with powers of a natural person to enabl them to govern
their affairs as they consider appropriate under this or any other ct;
AND WHEREAS the Council for The Corporation of thr.MuniciPality of
Kincardine deems it advisable to enter into a lease agreement ith Professional
Developmental/Diagnostic Counselling Services in considerat on of the rents,
covenants and obligations stipulated therein;
NOW THEREFORE the Council for The Corporation of th Municipality of
Kincardine ENACTS as follows:
1. That the Municipality of Kincardine enter into a leas agreement with
Professional Developmental/Diagnostic Counselling ervices, for the
rental of commercial office space at the Municipal Adm nistration· Centre,
1475 Concession 5, Municipality of Kincardine in consi eration of rents,
covenants and obligations.
2.
That the Mayor and CAO be authorized to sign, n behalf of the
Municipality of Kincardine, the Lease Agreement ith Professional
Development/Diagnostic Counselling Services (attached Schedule "A").
3. That this By-law shall come into full force and eft: ct upon its final
passage.
4. That this By-law may be cited as the "Municipal Adm nistration Centre,
Professional Developmental/Diagnostic Counselling Services Lease
Agreement, and By-law".
READ a FIRST, SECOND, and THIRD time and FINALLY PA SED this 6th day
of October, 2004.
~«.k
Mayor .-'
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BETWEEN:
THIS LEASE made as ofthea:L day ofS:-~004
IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT.
THE CORPORTION OF THE MUNICIPALITY OF KINCARDINE/1.
This ·s Schedule" t:1- " to By-Law
(hereinafter called the "Landlord") OF THE OD!1;:3 the L?liday
of 2004.
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PROFESSIONAL DEVELOPMENTAL~&'NOSTIC
COUNSELING SERVICES
(hereinafter called the "Tenant")
OF THE SECOND PART
In consideration of the rents, covenants and obligations stipulated herein the Landlord and the
Tenant have agreed to enter into a Lease of the Premises being that part of the building (the
"Building") shown outlined in red on the sketch annexed hereto as Schedule "A" which building
is located on the lands and premises (the "Real Property") being parts of Lots 29 and 30,
Concession "A", Township of Kincardine (now Municipality of Kincardine), County of Bruce,
designated as Parts 1 and 2 on Reference Plan 3R-5856.
I.
GRANT OF LEASE
(a) The Landlord leases the Premises to the Tenant;
(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 covenants, obligations and
agreements herein.
(b) The Landlord covenants that he has the right to grant the leasehold interest in the
Premises tree ftom encumbrances except as disclosed on title.
2. RENT
(a) Rent means the amounts payable by the Tenant to the Landlord pursuant to this
Section, and includes additional rent.
(b) The Tenant covenants to pay to the Landlord, during the Term of this Lease Rent
in the amount of FOUR THOUSAND, NINE HUNDRED AND FIFTY
DOLLARS (4,950.00) payable in equal month instalments of TWO HUNDRED
AND SIX DOLLARS ($206.00), each in advance on the 1" day of each and every
month, the first payment to be made on the 1st day of November, 2004 and the last
such payment to be made on the 1" day of October, 2006.
(c) The Tenant further covenants to pay to the Landlord GST on the Rent. The
amount of GST shall be calculated in accordance with the applicable legislation
and shall be paid at the same time as the rent to which the GST applies is payable
to the Landlord under this Lease. The Landlord shall have the same rights and
remedies on non-payment of GST as it has for rent in arrears under this Lease.
(d) All payments to be made by the Tenant pursuant to this Lease shall be delivered
to the Landlord at the Landlord's address for service set out in Section 16 or to
such other place as the Landlord may ftom time to time direct in writing.
(e)
The Tenant agrees to pay in advance to the Landlord at the commencement of the
Term the first and last months' Rent payable under Section 2(b) of this Lease.
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(f)
All Rent in arrears and all sums paid by the landlord for expenses incurred which
should have been paid by the Tenant shall bear interest ftom the date payment
was due, or made, or expense incurred at a rate per annum equal to the prime
commercial lending rate of the Landlord's bank plus two (2) per cent.
(g) The Tenant acknowledges and agrees that the payments of Rent provided for in
this Lease shall be made without any deduction for any reason 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 the Landlord shall be
considered as other than a partial payment on account of Rent owing and shall
not prejudice the Landlord's right to recover any Rent owing.
3. TERM AND POSSESSION
(a) The Tenant shall have possession of the Premises for a period of two (2) years
commencing on the 1st day of November, 2004 and ending on the 31st day of
October 2006: (the "Term").
(b)
Subject to the Landlord's rights under this Lease, and as long 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 without any interruption or
disturbance ftom the Landlord or any other person or persons lawfully claiming
through the Landlord.
(c) If the Tenant fails to take possession of the Premises or to open for business on or
before the date specified for commencement of the Term 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 Tenant, and to recover
ftom the Tenant the cost of all work done by the Landlord on behalf of the
Tenant.
4. COMMON FACILITIES AND SERVICES
(a)
The Tenant, together with and in common with all others entitles thereto and their
respective officers, agents, servants, employees, contractors, customers, Invitees
or licensees, shall be entitled to the use and benefit of the Common Facilities.
The Tenant shall not unreasonably block or in any manner hinder the Landlord or
other persons who may be authorized by the Landlord to utilize the Common
Facilities ftom so doing. The landlord may, in his discretion from time to time
permit certain persons to have the exclusive use of portions of the Common
Facilities to the exclnsion of the Tenant and other persons.
(b) As part of this Lease, the Landlord shall supply at his expense the utilities for the
Premises being electricity, water, heat and air-conditioning and shall further be
responsible for the elevator, existing security system, snow ploughing, lawn
maintenance, custodial services to the Building and garbage collection and
removal.
(c)
For the purposes of this Lease, ''Common Facilities" means all common areas and
utilities ftom time to time furnished or designated (and which may be changed) by
the Landlord for the use in common, in such manner as the landlord may permit,
of tenants of premises in the Building and all others entitled to access and their
respective officers, agents, servants, employees, contractors, customers, invitees
or licensees, including, without limitation, parking areas, access roads, driveways,
entrances and exits, sidewalks, ramps, landscaped areas, building entrances,
lobbies, stairways, elevators, passageways and washrooms.
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5. ASSIGNMENT
(a) The Tenant shall not assign this Lease or sublet the whole or any part of the
. Premises unless he first obtains the consent of the Landlord in writing, which
consent shall not unreasonably be withheld;
(i) and the Tenant hereby waives his right to the benefit of any present or
future Act of the Legislature of Ontario which would allow the Tenant to
assign this Lease or sublet the Premises without the Landlord's consent.
(b) The consent of the Landlord to any assignment or subletting shall not operate as a
waiver of the necessity for consent to any subsequent assignment or subletting.
(c) any consent granted by the Landlord shall be conditional upon the assignee,
sublessee or occupant executing a written agreement directly with the Landlord
agreeing to be bound by all the terms of this Lease as if the assignee, sublessee or
occupant had originally executed this Lease as Tenant.
(d) Any consent given by the Landlord to any assignment or other disposition of the
Tenant's interest in this Lease or in the Premises shall not relieve the Tenant ftom
his obligations under this Lease, including the obligation to pay Rent and
.' Additional Rent as provided for herein.
(e) If the party originally entering into this Lease as Tenant, or any party who
subsequently becomes the Tenant by way of assignment or sublease or otherwise
as provided for in this Lease, is a corporation then;
(i) the Tenant shall not be entitled to deal with its authorized or issued capital or
that of an affiliated company in any way that results in a change in the
effective voting control of the Tenant unless the Landlord first consents in
writing to the proposed change;
(ii) if any change is made in the control of the Tenant corporation without the
written consent of the Landlord then the landlord shall be entitled to treat
the Tenant as being in default and to exercise the remedies stipulated in
paragraph 11 (b) of this Lease and any other remedies available in law;
(iii) the Tenant agrees to make available to the Landlord or his authorized
representatives the corporate books and records of the Tenant for
~ inspection at reasonable times.
6. USE
(a) During the Term of the Lease the Premises shall not be used for any purpose other
than commercial office purposes.
(b) The Tenant shall only make such reasonable use of the utilities 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 Premises anything which may:
(i)
(ii)
(iii)
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(v)
constitute a nuisance;
cause damage to the Premises;
cause injury or annoyance to occupants of neighbouring premises;
make void or voidable any insurance upon the Premises;
constitute a breach of any by-law, statute, order or regulation of any
municipal, provincial or other competent authority relating to the
Premises.
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7. REPAIR AND MAINTENANCE
(a)
The Tenant covenants that during the tenns of this Lease and any renewal thereof
the Tenant shall keep in good conditi()fi the Premises including all alterations and
additions made thereto, and shall, with or without notice, promptly make all
needed repairs and all necessary replacements as would a prudent owner;
(i) but the Tenant shall not be liable to effect repairs attributable to reasonable
wear and tear, or to damage caused by fire, lightning or storm.
(b) The Tenant shall permit the Landlord or a person authorized by the Landlord to
enter the Premises to examine the condition thereof and view the state of repair at
reasonable times:
(i) and if upon such examination repairs are found to be necessary, written
notice of the repairs required shall be given to the Tenant by or on behalf
of the Landlord and the Tenant shall make the necessary repairs within the
time specified in the notice;
(ii) and if the Tenant refuses or neglects to keep the Premises in good repair
the Landlord may, but shall not be obliged to, make any necessary repairs,
and shall be permitted to enter the Premises, by himself or his servants or
agents, for the purpose of effecting the repairs without being liable to the
Tenant for any loss, damage or inconvenience to the Tenant in connection
with the Landlord's entry and repairs.
(A) and if the Landlord makes repairs the Tenant shall pay the cost of
them immediately as Additional Rent.
(c) Upon the expiry of the Term or other determination of this Lease the Tenant
agrees peaceably to surrender the Premises, including any alterations or additions
made thereto, to the Landlord in a state of good repair, reasonable wear and tear
and damage by fire, lightning and storm only expected.
(d) The Tenant shall immediately give written notice to the Landlord of any
substantial damage that occurs to the Premises ftom any cause.
8. ALTERNATIONS AND ADDmONS
(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 not limited to: erecting
partitions, attaching equipment, and installing necessary furnishing or additional
equipment of the Tenant's business, The Tenant may do so at his own expense, at
any time and trom time to time, if the following conditions are met:
(i) before undertaking any alteration or addition the Tenant shall submit to
the Landlord a plan showing the proposed alterations or additions and the
Tenant shall not proceed to make any alteration or addition unless the
Landlord has approved the plan, and the Landlord shall not unreasonably
or arbitrarily withhold his approval;
(A) and items included in the plan which are regarded by the
Tenant as "Trade Fixtures" shall be designated as such on
the plan;
(ii) any and all alterations or additions to the Premises made by the Tenant
must comply with all applicable building code standards and by-laws of
the municipality in which the Premises are located.
(b)
The Tenant shall be responsible for and pay the cost of any alterations, additions,
installations or improvements that any governing authority, municipal, provincial
or otherwise, may require to be made in, on or to the Premises.
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(c) No sign, advertisement or notice shall be inscribed, painted 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 located unless the sign,
, advertisement or notice has been approved in every respect by the Landlord.
(d) All alterations additions to the Premises made by or on behalf of the Tenant, other
than the Tenant's Trade Fixtures, shall immediately become the property of the
Landlord without compensation to the Tenant.
(e) The Tenant agrees, at his own expense and by whatever means may be necessary,
immediately to obtain the release or discharge of any encumbrance that may be
registered against the landlord's property in connection with any additions or
alterations to the Premises made by the Tenant or in connection with any other
activity of the Tenant.
(f) If the Tenant has complied with his obligations according to the provisions of this
Lease, the Tenant may remove his Trade Fixtures at the end 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 Premises by the removal
of the Tenant's Trade Fixtures.
. (g) Other than as provided in paragraph 8(f) above, the Tenant shall not, during the
term of this Lease or any time thereafter remove ftom the Premises any Trade
Fixtures or other goods and chattels of the Tenant except in the following
circumstances:
(i) the removal is in the ordinary course of business:
(ii) the Trade Fixture has become unnecessary for the Tenant's
business or is being replaced by a new or similar Trade Fixture; or
(iii) the Landlord has consented in writing to the removal;
but in any case the Tenant shall make good any damage caused to the Premises by
the installation or removal of any Trade Fixtures, equipment, partitions,
furnishings and any other objects whatsoever brought onto the Premises by the
Tenant.
(h) The Tenant shall, at his own expense, if requested by the Landlord, remove any or
all additions or improvements made by the Tenant to the Premises during the
Term and shall repair all damage caused by the installation or the removal or
.1 both.
(i) The Tenant shall not bring on to the Premises or any part of the Premises any
I machinery, equipment or any other thing that might, in the opinion of the
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Landlord, by reason of its weight, size or use, damage the Premises or overload
the floors of the Premises:
(i) and if the Premises are damaged or overloaded the Tenant shall restore the
Premises immediately or pay to the Landlord the cost of restoring the
Premises.
9. INSURANCE
(a) The Tenant covenants to keep the Landlord indemnified against all claims and
demands whatsoever by any person, whether in respect of damage to person or
property, arising out of or occasioned by the maintenance, use or occupancy of
the Premises or the subletting or assignment of same or any part thereof. And the
Tenant further covenants to indemnify the landlord with respect to any
. encumbrance on or damage to the Premises, the Building and the Common
Facilities occasioned by or arising ftom the act, default, or negligence of the
Tenant, its officers, agents, servants, employees, contractors, customers, invitees
or licensees:
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(i)
and the Tenant agrees that the foregoing indemnity shall survive the
termination of this Lease notwithstanding any provisions of this Lease to
the contrary.
(b)
The Tenant shall carry insurance in his own name to provide coverage with
respect to the risk of business interruption to an extent sufficient to allow the
Tenant to meet his ongoing obligations to the Landlord and to protect the Tenant
against loss of revenues.
(c) The Tenant shall carry insurance in his own name insuring against the risk of
damage to the Tenant's property within the premises caused by 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 Fixtures, decorations and
improvements.
(d) The Tenant shall, during the term of this lease, provide, at his own expense, and
keep in full force and effect, in the names of the Landlord and the Tenant, public
liability insurance applying to all operations of the Tenant and which shall include
bodily injury liability and tenants' legal liability with respect 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 DOLLARS per occurrence and
with a cross liability clause. All policies of insurance required to be maintained
under this provision shall be with a company or companies licensed to do
business within the Province of Ontario and approved by the Landlord. The
Tenant shall furnish the Landlord with certificates or other acceptable 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 located, are damaged or
destroyed, in whole or in part, by fire or other peril, then the following provisions
shall apply;
(i)
if the damage or destruction renders the Premises unfit for occupancy and
impossible to repair or rebuild using reasonable diligence within 120 clear
days ftom the happening of such damage or destruction, then the Tenn
hereby granted shall cease ftom the date the damage or destruction
occurred, and the Tenant shall immediately surrender the remainder of the
Term and give possession of the Premises to the Landlord, and the Rent
ftom the time of the surrender shall abate;
(ii) If the Premises can, with reasonable diligence, be repaired and rendered fit
for occupancy within 120 days ftom the happening of the damage or
destruction, but the damage renders the Premises wholly unfit for
occupancy, then the rent hereby reserved shall not accrue after the day that
such damage occurred, or while the process of repair is going on, and the
Landlord shall repair the Premises with all reasonable speed, and the
Tenant's obligation to pay Rent shall resume immediately after the
necessary repairs have been completed;
(iii) If the leased Premises can be repaired with 120 days as aforesaid, but the
damage is such that the leased Premises are capable of being partially
used, then until such damage has been repaired, the Tenant shall continue
in possession and the Rent shall abate proportionately.
(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 architect retained by the
Landlord.
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(c)
There shall be no abatement ftom or reduction of the Rent payable by the Tenant,
nor shall the Tenant be entitled to claim against the Landlord 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, ftom any cause whatsoever.
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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 made or not;
(ii) the Tenant has breached his covenants or failed to perform any of his
obligations under this Lease; and
(A) the Landlord has given notice specifying the nature of the default
and the steps required to correct it; and
(B) the Tenant has failed to correct the default as required by the
. notice;
(iii) the Tenant has;
(A) become bankrupt or insolvent or made an assignment for the
benefit of Creditors;
(B) had its property seized or attached in satisfaction of a judgment;
(C) had a receiver appointed;
(D) committed any act or neglected to do anything with the result that a
Construction Lien or other encumbrance is registered against the
Landlord's property;
(E) without the consent of the Landlord, made or entered into an
agreement to make a sale of its assets to which the Bulk Sales Act
applies;
.- (F) taken action, if the Tenant is a corporation, with a view to winding
up, dissolution or liquidation;
(iv) 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;
(v) the Premises;
(A) become vacant or remain unoccupied for a period of thirty (30)
consecutive days; or
(B) are not open for business on more than thirty (30) business days in
any twelve (12) month period or on any twelve (12) consecutive
business days;
(C) are used by any other person or persons, or 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 occurred:
(i) the current month's rent together with the next three months' rent shall
become due and payable immediately;
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or
(ii) the landlord shall have the right to terminate this Lease and to re-enter the
Premises and deal with them as he may choose.
(c) If, because an Act of Default has occurred, the Landlord exercises his right to
terminate this Lease and re-enter the Premises prior to the end of the Tenn, the
Tenant shall nevertheless be liable for payment of Rent and all other amounts
payable by the Tenant in accordance with the provisions of this Lease until the
Landlord has re-Iet the Premises or otherwise dealt with the Premises in such
manner that the cessation of payments by the Tenant will not 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 between the amount of
Rent hereby agreed to be paid for the Term hereby granted and the Rent
any new tenant pays to the Landlord.
(d)
The Tenant covenants that notwithstanding any present or 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 ftom levy by distress for Rent in
arrears;
(i) and the Tenant acknowledges that it is upon the express understanding that
there should be no such exemption that this Lease is entered into, and by
executing this Lease:
(A) the Tenant waives the benefit of any such legislative provisions
which might otherwise be available to the Tenant in the absence of
this agreement;
and
(B) the Tenant agrees that the Landlord may plead this covenant as an
estoppel against the Tenant if an action is brought to test the
Landlord's right to levy distress against the Tenant's property.
(e)
If, when an act of Default has occurred, the Landlord chooses not to terminate the
Lease and re-enter the Premises, the Landlord shall have the right to take any and
all necessary steps to rectify any or all Acts of Default of the Tenant and to charge
the costs of such rectification to the Tenant and to recover the costs as Rent.
(f) If, when an Act of Default has occurred, the Landlord chooses to waive his right
to exercise the remedies available to him under this Lease or at law the waiver
shall not constitute condonation of the Act of Default, nor shall the waiver be
pleaded as an estoppel against the Landlord to prevent his exercising his remedies
with respect to a subsequent Act of Default:
(i) No convenant, term, or condition of this Lease shall 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 TERM
(a)
If the Landlord desires at any time to demolish the Premises or any part thereof, to
an extent that renders continued possession by the tenant impracticable, or if the
Premises are expropriated or condemned by any competent authority:
(i)
The Landlord shall have the right to terminate this Lease by giving ninety
(90) clear days' notice in writing to the Tenant; or
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(ii) The Landlord may require the Tenant to vacate the premises within ninety
(90) days ftom payment by the Landlord to the Tenant of a bonus equal to
three months' rent,
(A) but payment of the said bonus shall be accompanied or preceded
by written notice ftom the Landlord to the Tenant advising of the
Landlord's intent to exercise this option
(b) The Tenant agrees to permit the Landlord during the last three months of
the Term of this Lease to display "For Rent" or "For Sale" signs or both at the
Premises and to show the Premises to prospective new tenants or purchasers and
to permit anyone having written authority of the Landlord to view the Premises at
reasonable hours.
(c) If the Tenant remains in possession of the Premises after termination of
this Lease as aforesaid and if the Landlord then accepts rent for the Premises ftom
the Tenant, it is agreed that such overholding by the Tenant and acceptance of
Rent by the Landlord shall create a monthly tenancy only but the tenancy shall
remain subject to all the terms and conditions of this Lease except those regarding
the Term.
13. GENERAL SHORT TERM TERMINATION
Due to the month-by-month nature of this lease either party (Landlord or Tenant) may
terminate this lease upon 30 days written pre-notice.
14. ACKNOWLEDGEMENT BY TENANT
The Tenant agrees that he will at any time or times during the Term, upon being given at
least forty-eight (48) hours prior written notice, execute and deliver to the Landlord a
statement in writing certifying:
(a) that this Lease is unmodified and is in full force and effect (or if modified stating
the modifications and confinning that the Lease is in full force and effect as
modified);
(b)
the amount of Rent being paid;
(c)
the dates to which Rent has been paid;
(d) other charges payable under this Lease which have been paid;
(e) particulars of any prepayment of Rent or security deposits; and
(f) particular of any subtenancies.
15. SUBORDINATION AND POSTPONEMENT
(a)
This Lease and all the rights of the Tenant under this Lease are subject and
subordinate to any and all charges against the land, buildings 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 ftom the financing or re-
financing, including extensions or renewals, of the Landlord's interest in the
property.
(b)
Upon the request of the Landlord the Tenant will execute any fonn required to
subordinate this Lease and the Tenant's right to any such charge, and will, if
required, attom to the holder of the charge.
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(c)
No subordination by the Tenant shall have the effect of permitting the holder of
any charge to disturb the occupation and possession of the Premises by the Tenant
as long as the Tenant performs his obligations under this Lease.
16. RULES AND REGULATIONS
The Tenant agrees on behalf of itself and all persons entering the 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 mske ftom time to time for the safety,
care and cleanliness of the Building and the preservation of good order in the Building
and Common Facilities.
17. NOTICE
(a)
Any notice required or permitted to be given by one party to the 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 with the provision of
this Lease shall be deemed conclusively to have been received on the date
delivered if the notice is served personally or seventy-two (72) hours after mailing
if the notice is mailed.
18. REGISTRATION
The Tenant sha1l not at any time register notice of or a copy of this Lease on title to the
Property of which the Premises form part without consent of the Landlord.
19. INTERPRETATION
(a) The words importing the singular number only shall include the plural, and vice
versa, and words importing the masculine gender shall include the feminine
gender, and words importing persons shall include fIrms and corporations and
vice versa.
(b) Unless the context otherwise requires, the word "Landlord" and the word
"Tenant" wherever used herein shall be construed to include the executors,
administrators, successors and assigns of the Landlord and Tenant, respectively.
(c) When there are two or more Tenants bound by the same covenants herein
contained, their obligations sha1l be joint and several.
20. OPTIONS TO RENEW
When not in default hereunder, the Tenant shall have the option of renewing this lease.
Such renewal shall be on terms and conditions to the mutually agreed upon by the
Landlord and Tenant.
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Page #11
IN WITNESS WHEREOF the Landlord and the Tenant have executed this Lease.
SIGNED, SEALED AND DELIVERED
in the presence of
g ~'b
~ ss"7
)The Corporation of the Municipality
)of Kincardine
~ b-~~
) Glenn R. Sutt n, Mayor
~ ~ \ "",-- ~ c-?v~ 0 1V>..~
) John deRosenroll, CAO
)
)
)Professional DevelopmentaUDlagnostic
)Counsellng Services
)
. ()( "'~
) lia A. Richman, Manager
) I HAVE AUTHORITY TO BIND THE
) CORPORATION
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Page #12
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SCHEDULE OF RULES AND REGULATIONS FORMING PART OF THIS LEASE
The Tenant shall observe the following Rules and Regulations (as amended, modified or
supplemented ftom time to time by the Landlord as provided in this Lease):
1. The sidewalks, entrances, elevators, stairways and corridors of the building shall not be
obstructed or used by the Tenant, his agents, servants, contractors, invitees or employees
for any purpose other than access to and ftom the Premises.
2. The floors, sky-lights and windows that reflect or admit light into passageways 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 shall 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, noxious liquids or pollutants
shall be thrown therein, and any damage resulting to them ftom misuse shall be borne by
the Tenant by whom or by whose employees, agents, servants, contractors or Invitees the
damage was caused.
4.
In the event that the Landlord provides and installs a Public Directory Board inside the
buildings, the Tenant's name shall be placed on the said Board at the expense of the
Tenant.
5. The Tenant shall not perform any acts or carry on any activity which 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 Premises.
7. The Tenant shall not mark, drill into, bore or cut or in any way damage or deface the
walls, ceilings or floors of the Premises. No wires, pipes or conduits shall be installed in
the Premises without prior written approval of the Landlord. No broadloom or carpeting
shall be affixed to the Premises by means of a non-soluble adhesive or similar products.
8. No one shall use the Premises for sleeping apartments or residential purposes, for the
storage of personal effects or articles other than those required for business purposes, or
for any illegal purpose.
9.
The Tenant shall not use or permit the use of any objectionable advertising medium such
as, without limitation, loudspeakers, public address systems, sound amplifiers, radio,
broadcast or television apparatns within the building which is in any manner audible or
visible outside of the Premises.
10. The Tenant must observe strict care not to allow windows to remain open so as to admit
rain or snow, or so as to interfere with the heating of the building. The 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 Tenant, when closing the
Premises, shall close all windows and lock all doors.
11. The Tenant shall not without the express written consent of the Landlord, place any
additional locks upon any doors of the Premises and shall not permit any duplicate keys
to be made therefor; but sha1l use only additional keys obtained ftom the Landlord, at the
expense of the Tenant, and sha1l surrender to the Landlord on the termination of the
Lease all keys of the Premises.
12. No inflammable oils or other inflammable, toxic, dangerous or explosive 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 or upon the Landlord's
property, including any lane or courtyard, unless otherwise agreed in writing.
14. Nothing shall be placed on the outside of windows or projections of the Premises. No
air-conditioning equipment shall be placed at the windows of the Premises without the
consent in writing of the Landlord.
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Page #13
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15. The moving of all heavy equipment and office equipment or furniture shall occur only
between 6:00 p.m. and 8:00 a.m. or any other time consented to by the 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 through the Premises and
common areas only upon steel bearing plates. No deliveries requiring the use of an
elevator for fteight purposes will be received into the building or carried 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 Landlord to any alteration or
modification to the electrical system in the Premises and all such 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 Landlord to the placement by
the Tenant of any garbage containers or receptacles outside the Premises or building.
19. The Tenant shall not install or erect on or about the Premises television antennae,
communications towers, satellite dishes or other such apparatns.
. 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
ftom time to time be needed for the safety, care and cleanliness of 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. The Landlord may ftom
time to time waive any of such rules and regulations as applied to particular tenants and is
not liable to the Tenant for breaches thereofby other tenants.
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Page #14
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Schedule A
To Lease made between
THE CORPORTION OF THE MUNICIPALITY OF KINCARDINE
(the Landlord)
And
PROFESSIONAL DEVELOPMENTAUDIAGNOSTIC COUNSELING SERVICES
(the Tenant)
Aß outlined below, the area to be leased tota1198 square feet.
~-~._.
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Mez:z:anine
IT 12'·6"
1'2°.6"
12'·6"
12'·6"
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16'
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OfficE
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DUlin/
Room
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Office
143
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Office Office. \' ~1fie. .>
156 146 / ./·F J~'
-I 21" 12' IT_
Mezzanine
~
25'
t2··6'"
\2'·6'"
'.Jumbe,s in ,ooms denoie s
!G 1'\ square /00110101 common 0'00 01
.1<incardílÏe·-,:,- Airporl' ßuilcli,ng 2nd Floor
SCALE: 1/16" ;::: I'
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