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HomeMy WebLinkAbout09 101 KCMC Amended Lease Agreement (SBGHC) By-Law e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT II !Siiu,. ,,""~ @ BY-LAW NO. 2009 -101 BEING A BY-LAW TO AMEND BY-LAW NO. 2003 - 018; 'BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT WITH SOUTH BRUCE GREY HEALTH CENTRE TO ALLOW FOR THE CONSTRUCTION OF THE KINCARDINE COMMUNITY MEDICAL CLINIC' WHEREAS Sections 11 (1) and (2) of the Municipal Act, 2001, S.O. 2001, c. 25 as amended gives broad authority to lower-tier municipalities to provide any service or thing that the municipality considers necessary or desirable for the public and authorizes lower-tier municipalities to pass by-laws respecting health, safety and well-being of persons and services and things that the municipality is authorized to prclVide under subsection (1); AND WHEREAS pursuant to the said Municipal Act, Section 8 (1) and 9 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 a municipality 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 with the passage of By-law No. 2003-018, the Council of The Corporation of the Municipality of Kincardine entered into a lease agreement with the South Bruce Grey Health Centre for Part of Lot 18, Concession 'A', Municipality of Kincardine, (former Township of Kincardine), County of Bruce to allow for the construction of the Kincardine Community Medical Clinic; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it expedient to amend the lease agreement with the South Bruce Grey Health Centre to include a further portion of the landlord's real property being Part of Lot 18, Concession 'A' Municipality of Kincardine, (former Township of Kincardine), County of Bruce, subject to the terms and conditions more particularly set out in the attached Schedule 'A'; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Council of The Corporation of the Municipality of Kincardine enter into an amended lease agreement with the South Bruce Grey Health Centre for an additional portion of land, being Part of Lot 18, Concession 'A', Municipality of Kincardine, (former Township of Kincardine), County of Bruce. 2. That the Mayor and CAG be authorized and directed to execute, on behalf of The Corporation of the Municipality of Kincardine, the lease agreement with the South Bruce Grey Health Centre, attached hereto as Schedule "A" and forming part of this By-law and to affix the corporate seal of the Municipality of Kincardine. e e e e Page 2 KCMC Amended Lease Agreement (SBGHC) By-law By-law No. 2009 - 101 3. That the Mayor and CAO be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine, the Lease Agreement with South Bruce Grey Health Centre and attached to this by-law as Schedule "A". 4. That this By-law shall come into full force and effect upon the Ministry of Health approving the final form of the lease. 5. That this By-law may be cited as the "KCMC Amended Lease Agreement (SBGHC), By-law". TIME this 2nd day of July, 2009. ~ ~O~ilO Clerk ALLY PASSED this 2nd day of July, 2009. ~. 't;~k~tlOD THIS LEASE AMENDING AGREEMENT made this 22 day of June, 2009 in pursuance of the Short Forms of Leases Act: BETWEEN SOUTH BRUCE GREY HEALTH CENTRE hereinafter called Lessor /Landlord of the First Part -and - THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called Lessee/Tenant of the Second Part WHEREAS by a Lease dated the 1 day of January, 2003, a copy of which is attached hereto as Schedule "A" (the "Lease "), the Landlord leased to the Tenant the premises (the "Premises ") more fully described in the Lease and being Part of Lot 18, Concession A, in the Geographic Township of Kincardine, now the Municipality of Kincardine as shown on Schedule "A" to said Lease and outlined in red therein for a term of 100 years from January e, 2003, upon and subject to the terms and conditions set forth in the Lease. AND WHEREAS the Landlord and the Tenant have agreed that a further portion of the Landlord's real property being Part of Lot 18, Concession A, in the Geographic Township of Kincardine, now the Municipality of Kincardine as outlined in red on Schedule "B" attached hereto (the "Additional Premises ") shall be leased to the Tenant on the terms and conditions more particularly set out in this Agreement. NOW THEREFORE for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Landlord and the Tenant hereby agree as follows: 1. Demise Page 2 ( 1)The Landlord hereby leases the Additional Premises to the Tenant, to have and to hold during the term (the "Additional Premises Term ") commencing July 1 2009 (the "Additional Premises Commencement Date "), and ending on the same date of the Lease unless terminated earlier pursuant to the Lease or the provisions set out hereunder. ( 2)The Tenant takes the Additional Premises on lease from the Landlord and covenants to pay the Rent and to observe and perform all the covenants and obligations to be observed and performed by the Tenant pursuant to this Lease Amending Agreement. 2, Rent The Tenant shall pay the sum of $2.00 on the execution of this Lease. 3. Purpose of this Lease Amending Agreement (a)The Lessee shall construct on the Additional Premises, a building of approximately 6,300 square feet to be used as an addition to its existing Medical Centre for the provision of Health Care related business and services (hereinafter called the "Medical Clinic Addition "). (b)The Medical Clinic Addition shall be constructed in accordance with detail plans and specification submitted to and approved by the Lessor prior to the Commencement of Construction. (c)The Lessor acknowledges the that operation of the Medical Clinic Addition will be under the control of the Lessee and will be sublet to the persons who will be occupying the building for its intended purpose. (d)The Lessor hereby consents to the Lessee's subletting the premises without the consent of the Lessor provided that the Lessor retains the right to approve the nature of all business and services performed or supplied from the Medical Clinic Addition, such approval to be obtained by the Lessee in advance of the completion of any sub - leases. 4. Duties of Tenant in Construction Page 3 The Tenant shall perform and comply with the following covenants and requirements in the construction of the Medical Clinic Addition. (a)The Medical Clinic Addition shall be constructed in all respects in accordance with the Detail Plans except in so far as any requirements hereof have been waived or varied by the Landlord in writing. (b)The Medical Clinic Addition shall be located on the Additional Premises as shown on the site plan attached hereto as Schedule "C" (consisting of two pages) and the Additional Premises and the Premises shall be graded, paved and landscaped in accordance with said Schedule. (c)All necessary building permits shall be obtained and all municipal by -laws and legal requirements pertaining to the conduct of the work shall be complied with. (d)The construction work shell be conducted expeditiously in a good and workmanlike manner and otherwise in accordance with the provisions of this Lease Amending Agreement, and the Lease, (e)The Tenant, through the Tenant's Architect, shall properly supervise the work. (f)Any contractor engaged on the work shall be required to observe all provisions of its contract as approved by the Tenant and to furnish and maintain all security, indemnity, insurance and performance bonds required by the contract. (g)The Landlord and its agent and engineers shall at all times have the right to inspect the work and to protest to the Tenant or to its architect or engineer any default or non - compliance with this Lease Amending Agreement, and the Tenant shall forthwith deal with the protest and remedy any default or non - compliance. (h)The Landlord may require the Tenant at its own expense to submit at reasonable intervals certificates of the Tenant's Architect of the standing of the work, the existence and extent of any Page 4 faults or defects, the value of the work then done and to be done under any contract, the amount owing to any contractor and the amounts paid or retained by the Tenant on any contract, and the Tenant shall also, whenever requested by the Landlord, furnish copies of certificates furnished to it by contractors or by the Tenant's Architect in connection with construction. (i)The Tenant shall promptly pay all proper accounts for work done or materials furnished under all contracts which it has entered into relating to the construction of the Medical Clinic Addition, but this shall not prevent the Tenant from retaining any amounts claimed due which the Tenant's Architect has not certified to be due, or which are properly and reasonably retained to secure the performance of any work or the correction of any defect or which in the opinion of the Tenant's Architect are reasonably retained in anticipation of damages arising from any contractor's default, or which are required to be retained under provisions of the Construction Lien Act, R.S.O 1990, c.30 and amendments thereto. (j)The Medical Clinic Addition shall be substantially completed on or before February 1 2011 or such other date as may be agreed to in writing by the parties. (k)The Tenant shall complete all work consisting of finishing the interior of space to be occupied by Lessees (and including work that was excluded from the Detail Plans and from the construction contracts as being then unascertained and dependent upon Lessees' requirements) and all other work necessary fully to complete the Medical Clinic Addition as soon as the work can be completed with the use of all reasonable diligence after leases or agreements to lease with Lessees have been entered into and the work has been ascertained. 5. Fire and Liability Insurance During Construction (a)The Tenant shall effect or shall cause its contractor or contractors to effect prior to the commencement of construction of the Medical Clinic Addition, and shall maintain and keep in force until the insurance required under this Agreement has been effected, insurance: (i)protecting both the Tenant and the Landlord (without any rights of cross claim or subrogation against the Landlord) against claims for personal injury, death or property Page 5 damage or other third party or public liability claims arising from any accident or occurrence upon, in or about the lands (being those described in this Lease Amending Agreement, the Lease and the Landlord's real property) from any cause, including the risks occasioned by the construction of the Medical Clinic Addition, and to an amount of not less than $5,000,000.00 for any personal injury, death, property or other claims in respect of any one accident or occurrence; and (ii)protecting both the Tenant and the Landlord from loss or damage (without any rights of cross claim or subrogation against the Landlord) to the Medical Clinic Addition and Medical Clinic and all fixtures, equipment, improvements and building materials on the lands (being those described in this Lease Amending Agreement and the Lease) from time to time, both during and after construction (but which may be by policies effected from time to time covering the risk during different phases of construction) against fire, all other perils from time to time customarily included in the usual extended coverage endorsements upon fire policies applicable to similar properties during construction and effected in Ontario by prudent owners, and other perils as the Landlord may reasonably require to be insured against, excluding earthquakes and hurricanes, to the full insurable value thereof at all times to be computed upon a replacement cost basis with deduction only of the cost of excavation and foundations and of the value of building materials from time to time on the site but not incorporated in the Medical Clinic Addition and Medical Clinic if and to the extent the building materials are at the risk of the contractor or contractors and not at the risk of the Tenant and in any event in an amount sufficient to prevent the Landlord being deemed a co- insurer. (b)The proceeds of insurance which may become payable under any policy of insurance effected pursuant to the Lease shall be payable to a trustee, and shall be available to finance repair and reconstruction. (c)All the provisions of the Lease respecting insurance which are of general application apply to the insurance during construction of the Medical Clinic Addition required by this paragraph. 6. Early Termination Page 6 It is agreed that the Medical Clinic Addition shall be substantially completed as defined by the provisions of the Ontario Construction Lien Act by the 1 day of May, 2011, failing which this Lease Amending Agreement shall terminate without further liability to the parties and the land all improvements existing as of the date shall revert to the sole ownership of the Landlord without claim or payment of compensation to the Tenant and the Tenant shall surrender possession of the lands and buildings to the Landlord. 7. Miscellaneous (1)From and after the Additional Premises Commencement Date, the Additional Premises shall become a part of the Premises and shall continue as such during the remainder of the term of the Lease and all the terms, covenants and provisions of the Lease shall apply to the Additional Premises (save and except as provided herein) to the intent that the Lease shall be read and construed as if the Additional Premises had been included as part of the Premises from and after the Additional Premises Commencement Date. (2)The parties, agree, from time to time, to do or cause to be done all such things, and shall execute and deliver all such documents, agreements and instruments reasonably requested by another party, as may be necessary or desirable to complete the transaction contemplated by this Lease Amending Agreement and to carry out its provisions and intention. (3)This Agreement shall enure to the benefit of and be binding upon the parties and their legal representatives, heirs, executors, administrators, successors and permitted assigns, as the care may be. Page 7 IN WITNESS WHEREOF the parties hereto have executed this Agreement. SOUTH BRUCE GREY HEALTH CENTRE -64 Per: •.= Witness airman /President < Per �i, > _ _ = t t • CEO /Secretary We have authority to bind the Corporation. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE C • = Per ___ �— Witness Ma - 4 – Larry Kraem r Per: CAO – Murray Clarke We have authority to bind the Corporation. • Certified to be a true and complete copy of By-Law No. a l - l R passed THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE by the Council of The Corporation of the Municd ality of Kincardine Ks, ,' on the day of "r (j3t to rl j �irxlznoo \I n 1% r 0 4- Melanie Hogeveen Deputy Clerk B Y -LAW Municipality of Kincardine .1r I \ l D ,CT) NO. 2003 — 18 Date A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT WITH SOUTH BRUCE GREY HEALTH CENTRE TO ALLOW FOR THE CONSTRUCTION OF THE KINCARDINE COMMUNITY MEDICAL CLINIC WHEREAS THE Municipal Act, 2001, S.O. 2001, c. 25, Section 117, allows municipalities to acquire and develop land for the purpose of leasing the land to health care professionals; AND WHEREAS the Council for the Corporation of the Municipality of Kincardine deems it advisable to construct a community medical clinic for the residents of the Municipality; AND WHEREAS the Council for The Corporation of the Municipality of Kincardine deems It advisable to enter into a 100 year lease agreement with South Bruce Grey Health Centre for part of Lot 18, Concession A, Municipality of i Kincardine, (former Township of Kincardine), County of Bruce to allow for the construction of the Kincardine Community Medical Clinic; . NOW THEREFORE the Council for 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 South Bruce Grey Health Centre. 2. That the Mayor and CAO be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine, the Lease Agreement with South Bruce Grey Health Centre and attached to this by -law as Schedule „ 3. That this By-law shall come into full force and effect upon the Ministry of Health approving the final form of the lease. 4. That this By -law may be cited as the 'Kincardine Community Medical Clinic Lease Agreement, By -law". READ a FIRST, SECOND, and THIRD time and DEEMED TO BE PASSED this 5 day of February, 2003. 4 gun ___. - _ - -- I yo Clerk This Indenture 'e in duplicate, the Pday o&January, 2003 Iwpurbu.a,wce of the Short Forww of Lea4e4-A 3etweenv SOUTH BRUCE GREY HEALTH CENTRE hereinafter called the Lessor /Landlord of the First Pun; -and — THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE • hereinafter called the L.-we/Tenant of the Second Part. W itnesseth that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the pan of the Lessee Or Lessor Both demise and lease unto the said Lessee the lands and premises described in Schedule A attached the Municipality of Kincardine (farmer Town of Kincardine), County of Bruce for use and occupation only for the purposes hereafter described. TO HAVE AND HOLD the said demised premises for a period of ONE HUNDRED (100) YEARS from the I °day of larwary, 2003 yielding and paying therefore unto the said Lessor the sum of $2.00 and other good and valuable consideration on the execution of this lease, in advance (POSE OF THE Lys SF (a) The Lemee shall construct on the lands, a building of approximately 15,000 square feet to be used as a Medical Centre for Ire provision of Health Care related business and services (hereinafter called the Medical Clinic). (b) The Medical Clinic shall be constructed in accordance with detail plans and specifications submitted to and approved by the Lessor prior to the commencement of construction. lc) The Lessor aeknowledges that the operation of the Medical Clinic will be under the control of the Lessee and will be sublet to persons who will be occupying the building for its intended purpose. (d) The Lessor hereby consents to the Lessee's subletting the premises without the consent of the Lessor provided that the Lessor retains the right to approve the nature of all business and services performed or supplied from the building, such approval to be obtained by the Lessee in advance of the completion of any sub - leases. • .TIES OF TENANT tN CONSTRUCTION The Tenant shall perform and comply with the following covenants and requirements in the construction of the Medical Clinic: (n) The Medical Clinic shall be constructed in all respects in accordance with the Detail Plans except in so far as any requirements hereof have been waived or varied by the Landlord in writing; (b) All necessary building permits shall be obtained and all municipal by -laws and legal requirements pertaining to the conduct of the work shall be complied with; (c) The construction work shall be conducted expeditiously in a good and workmanlike manner and otherwise in accordance with the provisions of this lease; tut The Tenant, through the Tenant's Architect, shall properly supervise the work; (e) Any contractor engaged on the work shall be required to observe all provisions of its contract as approved by the Tenant and to furnish and maintain all security. indemnity, insurance and performance bonds required by the contract; (f) The landlord and its agents and engineers shall at all times have the right to inspect the work and to protest to the Tenant or to its architect or engineer any default or noncompliance with This lease, and the Tenant shall forthwith deal with the protest and remedy any default or non - compliance; The Landlord may require the Tenant at its own expense to submit at reasonable intervals certificates of the Tenant's Architect of the standing of to work, the existence and extent of any faults or defects, the value of the work then done and to be done under any eontracI, the amount owing to any contractor and the amounts paid or retained by the Tenant on any contract, and the Tenant shall also, whenever requested by the Landlord, furnish copies of certificates furnished to it by contractors or by the Tenant's Architect in connection with construction; 2 (h) The Tenant shall promptly pay all proper accounts for work done or materials furnished under all contracts which it has entered into relating to the construction of the Medical Clinic, but this shall not prevent the Tenant from retaining any amounts claimed due which the Tenant's Architect has not certified to be due, or which are properly and reasonably retained to secure the performance of any work or the correction of any defect or which in the opinion of One Tenant's Architect are reasonably retained in anticipation of ranges arising from any contractor's default, or which are required to be retained under provisions of the Construction Lien Act, ,.0. 1990 c.30. .�1 (i) The Medical Clinic shall be substantially completed on or before ( J r , 200:Tor such other date as may be agreed to in writing by the parties. 0) The Tenant shall complete all work consisting of finishing the interior of space to be occupied by Lessees (and including work that was excluded front the Detail Plans and from the construction contracts as being then unascerlained and dependent upon Lessees' requirements) and all other work necessary fully to complete the Medial Clinic as soon as the work can be completed with the use of all reasonable diligence after leases or agreements to lease with Lessees have been entered into and the work has been ascertained. PIREAND LIADJLT1'JNSURAN .0 URJNG CONSTRUCTJON (a) The Tenant shall effect or shall cause its contractor or contractors to effect prior to the commencement of construction of the Medical Clinic, and shall maintain and keep in force until the insurance required under this agreement has been effected, insurance: (i) protecting bath the Tenant and the Landlord (without any rights of cross claim or subrogation against the Landlord) against claims for personal injury, death or property damage or other third party or public liability claims arising from any accident or occurrence upon, in or about the Lands and from any cause, including the risks occasioned by the construction of the Medical Clinic, and to an amount of not less than S5.000.000.00for any personal injury, death, property or other claims in respect of any one accident or occurrence; and (ii) protecting both the Tenant and the Landlord from loss or damage (without any rights of cross claim or subrogation against the Landlord) to the Medical Clinic and all futures, equipment, improvements and building materials an the Lands from time to time, both during and after construction (but which may be by policies effected from time to time covering the risk during different phases of construction) against fire, all other perils from time to time customarily included in the usual extended coverage endorsements upon fire policies applicable to similar properties during construction and effected in Ontario by prudent owners, and other perils as the Landlord may reasonably require to be insured against, excluding earthquakes and hurricanes, to the full insurable value thereof at all times to be computed upon a replacement cost basis with deduction only of the cost of excavation and foundations and of the value of building materials from time to time an the site but not incorporated in the Medical Clinic if and to the extent the building materials are at the risk of the contractor or contractors and not at the risk of the Tenant and in any event in an amount sufficient to prevent the Landlord being deemed a co-loaner. (b)The proceeds of insurance which may become payable under any policy of insurance effected pursuant to this agreement shall be payable to a trustee, and shall be available to finance repair and reconstruction. (c)All the provisions of this agreement respecting insurance which are of general application apply to the insurance during construction of the Medical Clinic required by this paragraph. O\VNERSHIP OF MEDICAL GLINI AND FIXTU ES '' -nom's ownership of Medical Clinic. The Landlord and the Tenant agree that the Medial Clinic and all other fixed improvements .ich the Tenant may construct upon the Lands from time to time are and shall be fixtures to the Lands and are intended to be and become the absolute property of the Landlord upon the expiration or termination of this lease, but shall be deemed, as between the Landlord and the Tenant during this lease, to be the separate property of the Tenant and not of the Landlord but subject to and governed by all the provisions of this lease applicable thereto notwithstanding the right of the Tenant; provided always that the Landlord's absolute right of property in the Medial Clinic and other fixed improvements upon the Lands which will arise upon the termination of this lease takes priority over any other interest in the Medical Clinic and fixed improvements which may now or hereafter be created by the Tenant, and that all dealings by the Tenant with the Medical Clinic or the fixed improvements which in any way affect title thereto shall be made expressly subject to this right of the Landlord, and the Tenant shall not assign, encumber or otherwise deal with the Medial Clinic or the fixed improvements separately from any permitted dealing with the leasehold interest under this lease, to the intent that no person who does not at the same time bold a like interest in the Medical Clinic and the fixed improvements shall hold or enjoy any interest in this lease acquired from the Tenant but the above proviso does not apply to subleases and agreements for leases permitted by this agmement. • nership of Tenant's hvmre,I. The provisions of this lease shall not be construed to prevent the Tenant from conferring on lessees or occupants of the Medical Clinic the right of property in, or the right to remove, fixtures or improvements which are of the nature of usual tenant's fixtures and non ally removable by lessees and which are not pan of the structure or any essential part of the Medical Clinic or any building services. The Tenant shall make good, or shall cause the Lessees to make good. all damage to the Medial Clinic or building service caused by any removal of Tenant's fixtures. Removal of Temples fixtures, Provided the Tenant is not in de fault hereunder, the Tenant may at or immediately before the expiration of the term of this lease, remove its furniture, chattels and other usual tenant's fixtures not forming any part of the structure Se Medical Clinic or any building services, and the Tenant may from time to time remove such tenant's fixtures in the ordinary .rse of its business or in the event of any reconstruction, changes and alterations of the Medical Clinic pursuant to this agreement provided that the Tenant shall, except upon the expiration of the tens at this lease, cause the Tenant's fixtures to be replaced will) fixtures having a value and utility at least equal to that of the fixtures so removed, considering the need to replace obsolete or defective fixtures and to substitute improved fixtures, and the consequences of any reconstruction, changes and alterations to the Medical Clinic. 3 • Compliance with by - iams. (a) Throughout the term of this lease the Tenant shall, without cost or expense to the Landlord, comply with all laws, by -laws, regulations and requirements of all government, municipal and other authorities having jurisdiction, including the requirements of the Board of Fire Underwriters and any body exercising similar functions, and whether compliance involves extraordinary measures, structural repairs or alterations. The Tenant shall likewise observe and comply with the requirements of avers under policies of public liability, pressure vessel, fire, and any insurance at any time covering the Medical Clinic, unless the ..luirenrents are unreasonable or involve a breach of any provision of this lease. (b)The Tenant has the right to contest the application or validity of any law, by -law, regulation or requirement affecting the Medical Clinic, without expense to the Landlord, and may defer compliance with any requirement provided that the delay is lawful, that it does not subject the Landlord to any penalty for failure to comply, and that it does not otherwise constitute a breach of this lease. The Tenant shall prosecute any proceedings taken by, it to contest the application or validity of any law, by -law, regulation or requirement affecting the Medical Clinic with due diligence. L AL '._• 1 'SAN y _IT _ A • Rent esrete taxes. (a) The Tenant shall pay before any Fine, penalty, interest or costs scene for the non - payment thereof (but subject to paragraph (d) hereof) all real estate taxes, assessments, rates and charges and other government impositions, general or special, ordinary or extraordinary, foreseen or unforeseen, of every kind (including assessments for local or public improvements and school taxes) which may at any time during the Term be imposed, assessed or levied in respect of the Lands, the Medical Clinic and all fixtures and improvements from time to time thereon, or which, however, imposed, might constitute a lien on the Lands or the Medical Clinic or any part thereof or a liability of the Landlord (all of which taxes, assessments, rates, charges and impositions are referred to in this paragraph as "Realty Taxes "). The Tenant may, nevertheless take advantage of any provisions of law whereby Realty Taxes may be paid by installments or deferred for some portion of the fiscal year to which they relate, provided that no fre, penalty or cost is incurred except accrued interest an the unpaid balance of the taxes. If any Realty Taxes relate to a fiscal period which extends beyond the expi ration of the Term, and the Tenant is obliged by the provisions of this paragraph to pay taxes, the Landlord shall, upon demand and proof of payment, reimburse the Tenant for that proportion of the Realty Taxes which relates to the :nod after the date of expiration of the Term. If the Tenant fails to pay any Realty Taxes, the Tenant shall pay any fine, penalty, .aterest and expense arising therefrom (b)Nothing in this paragraph requires the Tenant to pay any franchise, estate, inheritance, succession, capital levy or transfer tax of the Landlord, or any income, profits or revenue tax of the Landlord, or any tax imposed upon the rent received by the Landlord, or to pay business taxes assessed against and personal to the Lessees of the Medical Clinic but not assessed against the Tenant, the dlord, the Lands or the Medical Clinic unless they can constitute a lien or charge against the Lands or the Medical Clinic. (c) The Tenant shall furnish to the Landlord, within thirty days after payment of Realty Taxes is due, official receipts or other proof satisfactory to the Landlord evidencing the payment thereof. (d) The Tenant has the right to contest the amount or validity of all Realty Taxes imposed in respect of the Lands or the Medical Clinic, but this does not relieve the Tenant of its obligation to pay Realty Taxes or authorize the Tenant to defer payment of Realty Taxes, unless the deferment is lawful. If the Tenant wishes to take advantage of any lawful right to defer payment of any Realty Taxes pending the outcome of any proceedings taken by the Tenant to contest the taxes, and if the entire amount (including fines, penalties, interest and costs) for which the Tenant might become liable, if unsuccessful, exceeds SI,000.00 the Tenant shall deposit in the name of the Landlord in a trust account with any corporation authorized to transact the business of a trust company as the Landlord may direct in writing, as security for the payment of the Realty Taxes, a sum sufficient in the judgment of the Landlord to pay the Realty Taxes together with all fines, penalties, interest and costs in connection therrwilh and all amounts that might be assessed against or become a charge upon the Lands or the Medical Clinic or any part thereof as a result of the proceedings being taken by the Tenant, and the Tenant shall prosecute the proceedings with due diligence. Upon termination of the proceedings taken by the Tenant the sums deposited shall be applied to so much of the Realty Taxes (and any fines, penalties, interest and costs relating ;reto) as then remain unpaid, and any balance shall be repaid to the Tenant. If the money deposited at any time appears insufficient to the Landlord to pay the Realty Taxes and all fines, penalties, interest and costs relating thereto, the Tenant shall upon demand deposit the additional sum as the Landlord requires and if the sum proves insufficient to pay all Realty Taxes, fines, penalties, interest and costs, the Tenant shall forthwith pay any balance. Interest earned by any sum upon deposit under this paragraph shall be added to the sum on deposit. (e) If the Tenant is contesting in good faith the amount or validity of any Realty Taxes and has complied with the provisions of this paragraph and if it becomes necessary for the Landlord to join in or consent to the proceedings, the Landlord shall join or consent as required, and the Tenant shall indemnify the Landlord against all expense arising therefrom. Utility drnr¢es. The Tenant shall pay or cause to be paid when due all charges for gas, electricity, light, heat, power, telephone and other utilities and services used in or supplied to the Medical Clinic through out the Tema of this lease, and shall indemnify the dlord against any liability or damages pertaining thereto. INSURANCE l inbifin' insurance resnectinp Medical Clinic. The Tenant shall effect, not later than the completion of construction of the Medical Clinic, and shall keep in force during the Term insurance protecting both Landlord and Tenant (without any rights of cross claim or subrogation against the Landlord) against claims for personal injury, death, property damage, or third party or public liability claims arising from any accident or occurrence upon or in the Lands and the Medical Clinic, from any cause to an amount of not less than 510,000,000.00 (or from time to time such greater amounts as are sufficient, having regard to any de cline in the real value of the r'anadian dollar as determined from time to time by the Landlord acting reasonably, to afford equivalent protection) for personal try, death, property or other claims in respect of any one accident or occurrence. Pressure vessel insurance. The Tenant shall effect, not later than the completion of construction of the Medical Clinic, and shall keep in force during the Terrn, pressure vessel insurance protecting both Landlord and Tenant in respect of all steam boilers and other pressure vessels as the Landlord may from time to time deem it necessary to insure in the amount and in respect of the risks as are normally covered by prudent owners of similar properties in Ontario. -a- fire insmmtrce an Medicnf Cfinlc. The Tenant shall effect, not later than the completion of construction of the Medico) Clinic and shall keep in force throughout the Tenn, insurance on the Medical Clinic and all fixtures and improvements erected on the Lands in the joint names of Landlord and Tenant protecting both Landlord and Tenant (without any rights of cross claim or subrogation against the Landlord) from loss or damage caused by (a) fire and other perils as may from time to time be included in the standard fire insurance additional perils supplementary con tract generally available in Ontario; (b) risks nomnally insured against in Ontario for a building of construction, location and use similar to the Medical Clinic; and (c) risks which the Landlord may from time to time reasonably require to be insured against (except earthquakes and hurricanes). Insurance shall be for the full insurable value of the Medical Clinic and the replacement value of fixtures and improvements (exclusive of We cost of foundations) and shall in any case be for an amount sufficient to prevent the Landlord being considered a co- insurer with the insured. The policies of insurance effected under this paragraph shall, if the Tenant directs, include the interest of any mortgagees or encumbrancers of the Tenant's leasehold interest. Identity of insurers and pofica terms The terms of the policies required to he effected by'the Tenant under this paragraph or under any other provision of this lease, and the insurers issuing them, are subject to the approval of the Landlord, but the approval shall not be unreason ably withheld. Payment of Ion under fire policy. The parties agree as follows: (a) Where insurance proceeds under any fire insurance policy be come payable in an amount not exceeding [5100,000] they shall be paid to the Landlord or to the Landlord and any Tenant's encumbrancer jointly, the cost of work in progress shall be borne by the Tenant, and payment for the work shall be made to the Tenant in a lump sum on completion of the repairs. (b) If the Tenant fails to effect repairs in accordance with paragraph (a) within a reasonable time, the Landlord is entitled to effect the repairs itself, retain any insurance moneys against the cost, and recover any balance from the Tenant. tc) When at the time of the occurrence of the damage or the completion of its repair the Tenant is in default to the Landlord under this lease but the Landlord has not elected to forfeit the lease, the Landlord is entitled, out of any insurance moneys in its hands, or in the hands of the Landlord and any Tenant's encumbrancer jointly, to retain any moneys not paid over for the cost of repair against the rectification of the Tenant's default '1 Where the insurance proceeds payable exceed 5100,000.00 they shall be paid to a trustee on behalf of the Landlord, the Tenant I I Any encumbrancers of their interests, work in process shall be paid for in installments as progress payments out of the insurance proceeds, and provision shall be made to ensure that no increase in the cost over the amount of the original estimate shall fall on the Landlord or the trustee, so that the trustee at all times retains in its hands sufficient of the insurance proceeds to pay for the estimated cost of repair outstanding at the dale it makes any progress payment. (e) Before any contract is entered into by the Tenant or a Tenant's encumbrancer for the carrying out of any repair work pursuant to paragraph (d) above, copies of the estimates for all work and the contracts for the completion of the work shall be submitted to the trustee, and it shall distribute copies to the Landlord, the Landlord's encumbrancers, the Tenant, and the Tenant's encumbrancers as are not parties thereto. (1) Any progress payments to be made under this paragraph by the trustee to either the Tenant or a Tenant's encumbrancer shall not be made without the submission of a statement, certified by the architect of the party to whom the payments are to be made, stating the estimated cost to complete the work of repair at the date of the certificate, the amount claimed by individual contractors at that date, the amount owing on work already done, and the amount of any payments made at that date for work already done, and verifying the standard and quality of the work already done, and the trustee is required to retain in its hands at the date of any r rent an amount sufficient to pay the estimated outstanding cost of completion, even though that has the effect that the payment muse becomes less than the amount certified to be due. (g) In making any payment under this paragraph the trustee shall have regard to construction lien legislation applicable in the Province of Ontario and shall retain within its control for the period specified in the legislation the amount of any hold -back required. (h) In case of dispute over the outstanding cost or the filing of liens on the Medical Clinic or Lands arising out of the work of repair, the trustee for the Landlord where the insurance proceeds do not exceed 550,000.00 is not under any obligation to make or authorize any progress or lump sum payment until the dispute is settled or the lien discharged, as the primary duty of repair falls on the Tenant. (i) Where at the time of the occurrence of the damage or the completion of its repair the Tenant is in default under the temis of w 'icumbrance of its interest, the encumbrancer is subrogated to the rights and obligations of the Tenant. If this lease is forfeited, for whatever cause, all moneys remaining in the trustee's hands are payable to the Landlord. (k) The fees of the trustee shall be shared equally between the Landlord and the Tenant or those subrogated to them. (I) In case of any dispute as to the terms of any contract or the amount of any estimate or any matter relating to the actual work or repair, the dispute shall be decided by the Chief Building Official of the Municipality of Brockton, County of Bruce, whose decision shall be final. (m) In case of any dispute as to the teens of this paragraph apart from those in paragraph (I) above, the dispute shall be the subject of --Nitration in accordance with the Arbitration Act of the Province of Ontario. pro uriu and proof of insurance. The Tenant shall pay all premiums and costs of all insurance required to be effected by the Tenant under any provision of this lease, and shall from time to time keep on file with the Landlord certified copies of insurance policies, renewal contracts and other documents sufficient to show and establish accurately at all times the current status of policies in force, and in particular shall submit to the Landlord before the expiration of every current policy evidence of the renewal of the policy or the issuance of a replacement policy and of the payment of all premiums due for the renewal or replacement, and shall 5 promptly notify the Landlord of any cancellation or intended cancellation by any insurer of any policy or any circumstances known to the Tenant materially affecting its coverage. The Tenant shall not cancel any policy of insurance without the prior written consent of the Landlord. Each policy shall provide that no cancellation is effective without prior notice by the insurer to the Landlord. •11ord's debt to insure. If the Tenant defaults on any of its obligations under this lease regarding insurance including the salion to submit proof of insurance to the Landlord, the Landlord may, but is not obliged to, place any insurance at the cost and expense of the Tenant, or pay any arrears of premium, and any expense incurred by the Landlord shall be reimbursed to it by the Tenant on demand. DAMAGE OR DESTRUCTION OF MEDICAL CI JNIC Rebuildine with alterations. If the Medical Clinic is destroyed or damaged but in the opinion of the Tenant's Architect (as certified by him to the Landlord) it is practicable and economic to rebuild or restore the Medical Clinic with changes or alterations, and if the Tenant desires to make the changes or attentions, then notwithstanding the provisions of this agreement the Tenant may, in the course of repairing the damage or destruction, incorporate changes or alterations provided that the provisions of this agreement are complied with. Rent not to abate. The Tenant's obligation to pay rent and all other sums payable by the Tenant under the provisions of this lease is not affected, car shall rent abate or be diminished, in the event of damage to or destruction of the Medical Clinic or any fixtures or improvements upon the Lands, regardless of the cause or extent thereof, and the Tenant hereby waives the provisions of any stature or rule of law to the contrary now or hereafter in effect, it being the intent of this lease, which is essentially a lease of the Lands, that the Medical Clinic and all fixtures and improvements are at the risk of the Tenant. Termination by Tenant in certain events. If the Medical Clinic is destroyed or damaged, and in the opinion of the Tenant's Architect as certified to the Landlord either the estimated cost of repairing the destruction or damage exceeds the value of the Medical Clinic, due diligence of the destruction or damage exceeds six months, and if the destruction or damage has occurred after the expiration of ninetieth lease year, and if the Tenant is entitled to terminate and does terminate all existing leases and agreements to lease with ,..ssees and occupants of the Medical Clinic, and is not in default under this lease, the Tenant has the option by written notice given to the Landlord within ninety days after the occurrence of the destruction or damage to terminate this lease, the termination to take effect sixty days after the exercise of the option. On termination all proceeds of insunnoe payable in respect of the destruction or damage shall be paid as follows (and the trustee referred to in this agreement is hereby authorized to disburse any proceeds of insurance then held by it accordingly): ,a) The Tenant shall release all its right to and interest m the proceeds of insurance and shall cause all encumbrancers of its leasehold interest to release all their interest in the proceeds, and the Tenant shall pay to the Landlord any portions of the proceeds which it may have received in respect of the destruction or damage refereed to; (b) The trustee shall pay to the Landlord or to the Landlord's enctrmbnm:ers as the Landlord directs, all the proceeds of insur- ance in respect of the destruction or damage in its hands or which it may receive; and (c) The Tenant shall pay to the Landlord the amount, if any, by which the market value of the Lands and Medical Clinic in the state in which it was immediately before the destruction or damage exceeds the aggregate of the proceeds of insurance payable in respect of the destruction or damage received by the Landlord from the Tenant and the trustee, plus the market value of the Lands and Medical Clinic in the state in which it was immediately after the happening of the destruction or damage. In the event oC termination of this lease, rent and all other charges affecting the Lands shall be paid and adjusted to the date of termination It 'PAI The Tenant shall throughout the Term at its own expense (a) keep in good and tenant lake repair, as is fitting to a good quality office and commercial development, the Medical Clinic and all structures, improvements and fixtures at any time erected upon the Lands (including all building equipment, fixtures, elevators, heating, air-conditioning and plumbing apparatus, and the sidewalks, parking area and electric lighting fixtures and equipment) whether the repairs are interior or exterior, structural or non - structural, ordinary or extraordinary, foreseen or un foreseen, excepting from the standard of repair reasonable wear and tear to the extent only that reasonable wear and tear is not inconsistent with maintenance in good order and condition of the Medical Clinic generally. Repairs include replacements and renewals when necessary. All repairs made by the Tenant shall be equal in quality and class to the original work. To the extent that repairs involve structural or major portions of the building or a cost as estimated by the Tenant's Architect in excess of S 10,070.00, all the provisions of this agreement apply thereto, (b) maintain the Medical Clinic and all fixtures improvements from time to time on the Lands, including adjacent sidewalks, in a clean and orderly condition, free from any .mutation of dirt, Rubbish, water, snow and ice, and generally as is fitting to a good quality office and commercial development, (c) keep or cause to be kept in good order and condition, reasonable wear and tear excepted, all chattels located in or about the Medical Clinic and belonging to the Tenant, and (d) promptly upon notice in writing from the Landlord make and do all repairs. and .. maintenance which it has hereunder covenanted to perform. CHANGES AND Ar TERATIONS 1N MEDICAL CLINIC The Tenant has the right from time to time during the Term to make changes, alterations, additions, extensions or rebuildings, s•- •clural or otherwise (collectively called "Improvements") in and to the Medical Clinic as the Tenant thinks necessary, but subject . .e following conditions (which the Tenant covenants to observe and perform): (1) The Improvements shall be such as will not, when completed, diminish the value or utility of the Medical Clinic. or change its character as a good quality office and commercial development; (2) No Improvements shall be conunenced until the Tenant has obtained all building and other permits required by lawful authority; • • 6 (3) No Improvements which involve structural or substantial changes, alterations, additions, extensions or rebuildings to the Medical Clinic shall be commenced until detailed plans and specifications have first been submitted to and approved by the Landlord in writing, the approval not to be unreasonably withheld; '4) No Improvements involving a cost as estimated by the Tenant's Architect of more than 5100,000.00 and the Tenant shall obtain the estimate for any Improvements or repairs when requested by the Landlord shall he commenced until the Tenant has produced evidence in farm and substance satisfactory to the Landlord for the due completion of the improvements in accordance with all the provisions of this lease and the payment of their entire cost; (5) No improvement shall be commenced which involves any breach of the Tenant's obligation to Lessees or occupants of the Medical Clinic or any encumbrancer of the Tenant's leasehold interest; (6) Every improvement involving an estimated cost of more than 5100,000.00 shall be conducted under the proper supervision of the Tenant's Architect; • (7) Every improvement shall be constructed expeditiously, in good and workmanlike manner, in compliance with the detailed plans and specifications approved by the Landlord, and in compliance with all applicable municipal by -laws and other laws, regulations and requirements of all authorities having jurisdiction; (8) The cost of every improvement shall be paid by the Tenant when due subject only to the retention of any amounts which are required to be withheld under the provisions of the Ontario Construction Lien Ad or which the Tenant's Architect has certified are properly to be retained in order to secure due performance of the work; (9) The Tenant shall maintain fire and liability insurance during the construction of every improvement involving an estimated cost of more than 550,000.00 whenever the Landlord reasonably requires, sufficient to comply with the provisions of this • agreement; (10) The Landlord has the right to approve all construction contracts for Improvements involving an estimated cost of more than $100,000.00 and the provisions of this agreement thereto. CONSTRUCTION 1 BENS 'e Tenant shall not permit any lien under the Ontario Construction Lien Act or any like statute to be Filed or registered against t. ..ands, the Medical Clinic or any fauures or Improvements on the Lands, by reason of work, labour, services or materials supplied or claimed to have been supplied to the Tenant or anyone holding any interest in any part thereof through or under the Tenant. If any lien is at any time filed or registered the Tenant shall procure registration of its discharge within twenty days after the lien has come to its notice or knowledge; provided that if the Tenant desires to contest in good faith the amount or validity of any lien and has so notified the Landlord, and if the Tenant has deposited with the Landlord or with the trustee, or paid into court to the credit of any lien action, the amount of the lien claimed plus a reasonable amount for costs, then the Tenant may defer payment of the lien claim for a period of time sufficient to enable the Tenant to contest the claim with due diligence, provided always that neither to Lands nor the Medial Clinic or any part thereof nor the Tenant's leasehold interest therein thereby becomes liable to forfeiture or sale. The Landlord ray, but is not obliged to, discharge any lien filed or registered at any time if in the Landlord's judgment the Lands or the Medical Clinic or any part thereof or the Tenant's interest therein becomes liable to any forfeiture or sale or is otherwise in jeopardy, and any amount paid by the Landlord in so doing, together with all reasonable costs and expenses of the Landlord, shall be reimbursed to the Landlord by the Tenant on demand together with interest at the rate of 10 per cent per annum from the date incurred until paid, and may be recovered as rent in arrears. Nothing herein contained authorizes the Tenant, or implies any consent or agreement of the Landlord, to subject the Landlord's estate and interest in the Lands and Medial Clinic to any lien. • PECFTON BY LANDLORD inspection by Landlord. The Landlord, its employees and agents are entitled to inspect the Medical Clinic and all fixtures and Improvements upon the Lands at any time during usual business hours for the purpose of ascertaining then condition or state of repair or of verifying that the provisions of this lease are being complied with, and the Tenant shall, upon reasonable notice, permit access for this purpose. ASSIGNMENTS AND OTHER R h LNG BY D ORD Rivht of Landlord to assign or enetutbsi. Nothing contained in this lease prohibits or restricts the Landlord or implies any prohibition or restriction from assigning, syndicating, mortgaging, encumbering or otherwise dealing with its reversionary interest in the Lands and all its interest in the Medical Clinic under this lease, but subject always to this lease and the rights of the Tenant coder. Certificate by Tenant The Tenant shall promptly, whenever from time to time requested by the Landlord, execute an acknowledgment or certificate in favour of any actual or prospective purchaser, mortgagee or encumbrancer of the Landlord's interest, acknowledging or certifying the status of this lease, any modifications thereof, any breaches of covenant known to the Tenant and the state of the rent account, with the intent that any acknowledgment or certificate may be relied upon by any person to whom it is addressed. AS SIGNMENT AND OTHER DEALINGS BY TENANT Subleases Subject to the terms of this lease, it is agreed that the Tenant may without the consent of the Landlord sublet the Medical Clinic premises from time to time provided that all sub - leases are for purposes related to the use of the Medical Clinic as previously agreed. (2) The Tenant may nol without the prior written consent of the Landlord, assign the lease in its entirety to any other party. LIABILITY AND INDEMNITY OF LANDLORD Rxcmntian of Landlord from llableln. The Landlord is not liable or responsible in any way for personal or consequential injury of any kind that is suffered or sustained by the Tenant, or any employee, agent or invitee of the Tenant, or any other persons who may •n the Lands, or for any loss, theft, damage or injury to any property on the Lands however caused. Indemnity of Landlord br Tenant. The Tenant shall indemnify the Landlord against all claims by any person arising from the operation of the Medical Clinic or any defect or want of repair therein or any want of maintenance thereof or anything donc or omitted on or in the vicinity of' the Lands (including any adjoining sidewalks) or any other thing, whether arising from any breach or default or from any negligence by the Tenant, its agents, contractors, employees, invitees or licensees, or from any accident, injury or damage or any other cause; and the indemnity extends to all costs, counsel fees, expenses and liabilities which the Landlord may incur with respect to any claim. NOTICE$ Any notice, election, demand or exercise of option to which a party to this lease is entitled or required to give is deemed to have been duly given to any other party if in writing and delivered personally to some responsible officer of the patty; if to the Landlord, to the CEO of the Landlord, and if to the Tenant, to the Tenant in care of The Clerk of the Municipality of Kincardine at the Kincardine Municipal Office;. Notice is deemed to have been given seventy-two hours from the time when it was mailed. A party may from time to time change the address to which notice is to be sent by mail by giving written notice to the other parties hereto. COMPLIANCE WITH LAWS GENERALLY In addition to complying with the requirements of the lease, the Tenant shall ensure, in its and its Lessees' use and occupation of the Lands and Medical Clinic and other fixtures and Improvements on the Lands, and in the conduct of its business thereon, and in the maintenance and repair thereof, and as to all other matters or things pertaining to the Lands, compliance with all laws, by -laws, 'ales, orders and regulations of all governmental authorities having jurisdiction. 11T11 ITYFa SEMENTI I. The landlord agrees to grant to the Tenant easements for the purposes of installing and connecting to such utilities as may be required to service the Medical Clinic for its intended purpose and for future rights of access to maintain and repair the facilities located on, over or under the lament 2. The location of all such easements shall be at the discretion of the Landlord and the Tenant agrees any such easements will be located so they will not interfere with the Landlords use of the adjoining Hospital Facility. 3. The location of all such easements shall be described by a reference plan prepared by a qualified Ontario Land Surveyor and deposited at the Bruce County Registry Office. The costs of preparing and filing the plan shall be at the expense of the Tenant. 4. The Tenant agrees that at all limes it shall be responsible to maintain the facilities installed on the easement at its cost and shall return the lands to their original condition after any works have bean done which result in the disruption or change to the easement as granted by the Landlord. PIIYSICAL LINK TO HOSPITAL I It is acknowledged and agreed by the parties That the Landlord may at its discretion and when fl so desires, connect the Medical Clinic to :slating hospital building owned and operated by the Landlord. 2. The design, cost of construction and future maintenance of the physical link between the hospital and the Medical Clinic shall be at the eon of the Landlord, provided that the Tenant shall be consulted in advance and shall agree to the plans and location of the spidture and method of connecting to the buildings. EARLY TERMINATION �/' I. It is agreed that the Medi el fig shall be substantially completed as defined by the provisions of the Ontario Construction Lien Act by day of No 2003 the f da oc..a^' uN , failing which this lease shall terminate without further liability to the parries and the land and all improvements existing as of that date shall revert to the sole ownership of the Landlord tvithoul claim or paymentof compensation to the Tenant she Tenant shall surrender possession of the lands and buildings to the Landlord OTHER TERMINATION 1. Upon any other termination of this lease, either by expiry of the term of this lease or for any other reason, the land and all improvements existing as of the date of termination shall revert to the sole ownership of the Landlord without claim or payment of compensation to the Tenant and the Tenant shall surrender possession of the land and buildings to the landlord. APPROVAL BY THE MINISTER OF HEALTH 1 The obligations of the Landlord pursuant to this agreement are conditional on the approval of the Minister of Health as required by the Public Hospitals Act, R.S.O. 1990, Chapter P.40 s.s. 4(4) 2. Any work done and expenses incurred by she Tenant prior to such approval shall be at the risk of the Tenant. -d- 3. If such approval is not received the Tenant shall at its cost return the lands to the condition in which they existed prior 10 such work. THE LANDLORD SOUTH BRUCE S Y HEALTH CENTRE Authorized by resolution of the Board of Directors passed this /s. "< day Per. of Ocroerecse- , 2002- °") Chaiirrn: 'resident - Per: AD. . 3 CEO /Secretary ( ...) THE TENANT THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ' uthorized by By -law No. 2003 -ITC Per: r. ���`� --�_ r assed this 81^ = et� day of ructnj ,2003 `34IayoT Per: -- Cr' 7�,. - - c'� cam. C,.,� g�.�.r.s,. �, ���t • Schedule "A" to Medical Clinic Lease between South Bruce Grey Health Centre as Landlord and The Corporation of the Municipality of Kincardine as Tenant. q . c,. �. RI .1` . ,. Ri 0lC — N7/1f101 tiled C7 Ci � 1 N 1 1 3 li ro : T o A- N,Y11?1tlY nue — \\ • C f b !I � , , l ay � � N 7N' 7Y 00 [ 21712922 WWI $4.5 r- 71 -EMI) I A arroor 1 l 0 rl r d f !i z * c,Zt z , i 1 Ii''I "G , Ic' rn O ' < • mg- a � P � xD � -, 4 4 0 b 'D j i CI 8 i3O1 2 a.. i • q xi 0 LL .21 11 mA 7 P o LO /L0 L70'ON 0600 EO , 70/FL 562£96£6LS SOH AlHo BOOHS H1f10S • ---, PARKING CALCULATORS: .0, 0•43 , 3.04.1,2ZAREA eurce.gfo•efinica.olinovelle: = I PIN .73...,03 =s7o.r""'''.'"' .--0.526 (0) be.An5 .1 ...L.... X ,. L. ....... 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''" --- 1 V) j .: ARcNiTED, UNITED ..... -.... „, 71 P roLorgar '''''' 7 , f 4 ,0 Ex CB Ex 8 AREA -1H-4,, 15E14 '..‘t - -- •„ .-- --- -,. 21 ' ...., , _ , • '' i 'f,VIIS.•••.. 1• 1 "4-il,'• .=- C."3 ) C ) - 0 ”---"•-•'`.. ...-- -.„. • 1 rS' P.Ss° .I16;1=1:=7=•J= .fFEd`,I c.:,.•,,-r.....-..... 1 ' \ 1 ; r 0 .....___ , .- `... I ...• 1 , \ r•-<9 , - •-__ _ - SE ----„, , -.... , • .2a2 77 , 3 TYPICAL DECIDUOUS TREE PLANTING -----. _ I , 3 Veip of .1 0.86' -., 'I -41 r" /' r — : OP Of Lith-- L•ral N.T.S. - REGISTERED -------- . `.....--- / 21 ..., . • % . Sidewalk REGISTERED " - .-- 1 , . - - - t13 - 4 I: ,_ .../:, L 210 • 744 .1-1.7 '''syr;cium • eswarocAssotemo ••.........• 1 - ,- t '..--2•••••• ....-- - • — ----6i wt.... A= LTil onNEDDED SAM : s , ', • EsIks. ,. • - „ . . - - Aff r1.04. r vim. I . : SHRUGS 51.1 1, - ! '-- ' N '',. 9 mremiarmaEcrRirm. •--- . 1 \ ..• T oo 0 f L id.-- Ad ,",-jp itIELAIION AT / .. • . 21070 NI Chorley &Bisset Lid. N .. . • - ".'s • ' f .,* POOMED GUDE A1 Nowa: . . — ......-- ....(1...t i .._I 4 Consulting Engineers CONTAINER- ■ -- r" , '4>--s-fr2,'.--), , .. . . . , p.. Nk -;:-.0 i • :, , r kLt-.::?-0,,-r•s'e•••• •"°•"' ..-7-17 I ' . .. ----- -,_ • ,....._ ...„. / .. ......• _ • _ .. KINCARDINE COMMUNITY II• rl • \ k I n i MEDICAL CENTRE IFTgr 4 KINCARDINE. ONTARIO P ',I' — lailaialaito*Iiallaii= - -iallaiiallialailialial= al NOT, 1= ...IallElial= = . = T LANDSCAPING PLAN PUNTING NT< L-101 1:300 ESS.T.r, ......: ",'",.. .................... ..-..........,•°. •...., .• ; NOTE AS PER EOR MANTON NE. cONTANErs DNINSTURDED '" ....:,...‘n:7::1",..F.Z grer :r , ....------...z.r,,,ct rzrar..:....:.-...=.r.---4=-::::.4-.. .7. -- CUT Pa BOTTOM A. OUT 3■GE DEFORE MARTI. StRIOUDE 1 wa. 23 . 200, h rusncaorrariEREWMCOMPLUELY. .......r.,...Y..47ZiN ....rV, PUNT um .NlOvE wrINOV7 067oNol. ROOT MI- s I ...ASPER OTAMARD NCITTICULTURAL PRACTICE REMO. ROW. AND/OR EPIONEN ENANc.s. =' irsIrrsoPUL. 4=1.7jr. ,„„,,„, ,,,,,, P. NURSERY TNIS, PLASTIC OR MSTN_ D0 NOT TOP INRI. EWE ./. 4 Sari :....42 .4. ' r &' ' ' ' ..:, . .. .° TX:: i ill ' AS i n *". . LANDSCAPE PLAN AND 97` PLANTING DETPJLS .1 "44 7:11":77:=F..÷.." e. e ) TYPICAL SHRUB PLANTING AT GRADE EX.1372.1XJSZAX.C.T.F11...........= : • '''.. ........-.... 1 krir 0813-L-101