HomeMy WebLinkAbout22 006 Zuul Lease Agreement (2022) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2022 - 006
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT
WITH ZUUL INC. FOR RENTAL SPACE IN THE MUNICIPAL
ADMINISTRATION CENTRE
WHEREAS Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provide that the powers of a municipality under this or any other Act
shall be interpreted broadly so as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality’s ability to respond to municipal issues and has the
capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to enter into a lease agreement with Zuul Inc. in consideration
of the rents, covenants and obligations stipulated therein;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into a lease
agreement with Zuul Inc. for the rental of commercial office space at the
Municipal Administration Centre, 1475 Concession 5, Municipality of
Kincardine in consideration of rents, covenants and obligations.
2. That the Mayor and CAO be authorized to sign and execute, on behalf of
The Corporation of the Municipality of Kincardine, the Lease Agreement
with Zuul Inc., attached to this by-law as Schedule “A”, and to affix the
corporate seal as required.
3. That this by-law shall come into full force and effect upon its final passage.
4. That this by-law may be cited as the “Zuul Lease Agreement (2022) By-
law".
READ a FIRST and SECOND TIME this 10th day of January, 2022.
READ a THIRD TIME and FINALLY PASSED this 10th day of January, 2022.
Mayor Clerk
This is Schedule " A "to By-!-w
No. ! -act, passed I-:s /044—
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of tr� r J -2-7-
THIS
LEASE made as of the IDS day of A.n41202YZ
IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT.
BETWEEN: THE CORPORTION OF THE MUNICIPALITY OF KINCARDINE
(hereinafter called the "Landlord")
OF THE FIRST PART
- and-
ZUUL INC.
(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.
1. 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 free from 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.
Rate = $16.80 per square foot x 212.5 square feet + HST (per year)
(b) The Tenant covenants to pay to the Landlord, during the twenty-four
month term of this Lease rent in the amount of SEVEN THOUSAND, ONE
HUNDRED AND FORTY DOLLARS ($7,140.00) plus Harmonized Sales
Tax (HST), payable in equal monthly instalments of TWO HUNDRED
NINTY SEVEN DOLLARS AND FIFTY CENTS ($297.50), PLUS HST
each in advance on the 1st day of each and every month, the first
payment to be made on the 1st day of February, 2022 and the last such
payment to be made on the 1st day of January, 2024.
*The above noted rent shall increase by the CPI to be calculated at the
end of each 12 month period, if applicable.
(c) The amount of HST shall be calculated in accordance with the applicable
legislation and shall be paid at the same time as the rent to which the HST
applies is payable to the Landlord under this Lease. The Landlord shall
have the same rights and remedies on non-payment of HST as it has for
rent in arrears under this Lease.
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(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 from time to time
direct in writing.
(a) 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 from the date payment was due, or made, or expense
incurred at a rate of 1.25% per month.
(e) 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 Twenty-
four (24) months commencing on the 1st day of February 2022 and ending
on the 31st day of January 2024: (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 from 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 from 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 from 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 exclusion 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 from 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
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exits, sidewalks, ramps, landscaped areas, building entrances, lobbies,
stairways, elevators, passageways and washrooms.
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 from 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) constitute a nuisance;
(ii) cause damage to the Premises;
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(iii) cause injury or annoyance to occupants of neighbouring premises;
(iv) make void or voidable any insurance upon the Premises;
(v) constitute a breach of any by-law, statute, order or regulation of any
municipal, provincial or other competent authority relating to the
Premises.
7. REPAIR AND MAINTENANCE
(a) The Tenant covenants that during the terms of this Lease and any renewal
thereof the Tenant shall keep in good condition 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 from any cause.
8. ALTERNATIONS AND ADDITIONS
(a) If the Tenant, during the Term of this Lease or any renewal of it, desires to
make any alteration or addition to the Premises, including but 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 from 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;
Page #5
(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) 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.
(c) 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.
(d) 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.
(e) 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.
(f) Other than as provided in paragraph 8(f) above, the Tenant shall not,
during the term of this Lease or any time thereafter remove from 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.
(g) 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 both.
(h) The Tenant shall not bring on to the Premises or any part of the Premises
any machinery, equipment or any other thing that might, in the opinion of
the 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
Page #6
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 from the
act, default, or negligence of the Tenant, its officers, agents, servants,
employees, contractors, customers, invitees or licensees:
(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 than TWO 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 from the happening of such damage
or destruction, then the Term hereby granted shall cease from 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 from 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 from 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
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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.
(c) There shall be no abatement from 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, from any cause
whatsoever.
11. ACTS OF DEFAULT AND LANDLORD'S REMEDIES
(a) An Act of Default has occurred when:
(i) the Tenant has failed to pay Rent for a period of 15 consecutive
days, regardless of whether demand for payment has been 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
Page #8
(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;
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 Term, 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-let 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 from 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:
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(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
sixty (60) clear days' notice in writing to the tenant; or
(ii) The Landlord may require the Tenant to vacate the premises within
sixty (60) days from payment by the Landlord to the Tenant of a
bonus equal to two months' rent,
(A) but payment of the said bonus shall be accompanied or
preceded by written notice from 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 two 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 from 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. 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 confirming 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) particulars of any sub tenancies.
(g) The Tenant shall have the right to terminate this Lease by giving sixty (60)
clear days' notice in writing to the Landlord.
14. 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
Page#10
arising from 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 form
required to subordinate this Lease and the Tenant's right to any such
charge, and will, if required, attorn to the holder of the charge.
(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.
15. 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 make from time
to time for the safety, care and cleanliness of the Building and the preservation of
good order in the Building and Common Facilities.
16. 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 Concession 5
Kincardine ON
N2Z 2X6
to the Tenant at the Premises or at:
1475 Concession 5
Kincardine ON
N2Z 2X6
(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.
17. REGISTRATION
The Tenant shall 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.
18. 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 shall be joint and several.
Page #11
19. OPTIONS TO RENEW
When not in default hereunder, the Tenant shall have the option of renewing this
lease by giving notice to the Landlord on or before the 1st day of December,
2019. Such renewal shall be on terms and conditions to the mutually agreed
upon by the Landlord and Tenant.
IN WITNESS WHEREOF the Landlord and the Tenant have executed this Lease.
SIGNED, SEALED AND DELIVERED
in the presence of ) THE CORPORATION OF THE
) MUNICIPALITY OF KINCARDINE (Landlord)
)
) Mayor— Gerry Glover
)
)
)
) Acting CAO — Roxana Baumann
)
)
)
) ZUUL INC.
) Keith Foster, Founder
(I have authority to bind the Corporation)
Page#12
SCHEDULE OF RULES AND REGULATIONS FORMING PART OF THIS LEASE
The Tenant shall observe the following Rules and Regulations (as amended,
modified or supplemented from 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 from 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 from 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 apparatus 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 shall use only additional keys obtained
from the Landlord, at the expense of the Tenant, and shall 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.
Page #13
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.
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 freight 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 apparatus.
20. The Landlord shall have the right to make such other and further reasonable
rules and regulations and to alter, amend or cancel all rules and regulations as in
its judgement may from time to time be needed for the safety, care and
cleanliness 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 from time to time waive any
of such rules and regulations as applied to particular tenants and is not liable to
the Tenant for breaches thereof by other tenants.
Page#14
Schedule A
To Lease made between
THE CORPORTION OF THE MUNICIPALITY OF KINCARDINE
(the Landlord)
And
ZUUL INC.
(the Tenant)
As outlined below, the area to be leased total 212.2 square feet.
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