HomeMy WebLinkAbout22 058 Authorized Inspection Services Inc. Lease Agreement (2022) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2022 - 058
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT
WITH AUTHORIZED INSPECTION SERVICES 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 Morson International Inc.
(Canada) 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 Authorized Inspection Services 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 Authorized Inspection Services 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 “Authorized Inspection Services Inc.
Lease Agreement (2022) By-law".
READ a FIRST and SECOND TIME this 21st day of March, 2022.
READ a THIRD TIME and FINALLY PASSED this 21st day of March, 2022.
Mayor Clerk
THIS LEASE made as of the 1st day of April 2022
IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
(hereinafter called the "Landlord")
OF THE FIRST PART
-and-
AUTHORIZED INSPECTION SERVICES 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.
Renewal rate = $17.01 per square foot x 1,500 square feet) + HST
(b) The Tenant covenants to pay to the Landlord, during the Term of this Lease
annual rent in the amount of TWENTY FIVE THOUSAND FIVE HUNDRED
AND FIFTEEN DOLLARS ($28,831.95 which includes Harmonized Sales Tax
(HST) payable in equal monthly instalments of TWO THOUSAND FOUR
HUNDRED AND TWO DOLLARS AND SIXTY-SIX CENTS ($2,402.66),
each in advance on the 1 st day of each and every month, the first payment to
be made on the 1st day of April, 2022 and the last such payment to be made
on the 1 st day of March, 2023.
*The above noted rent shall increase by the CPI to be calculated at the end of
each 12-month period.
(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.
(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.
(e) The Tenant agrees to pay in advance to the Landlord at the commencement
of the Term the first and last months' Rent payable under Section 2(b) of this
Lease.
(f) All Rent in arrears and all sums paid by the landlord for expenses incurred
which should have been paid by the Tenant shall bear interest from the date
payment was due, or made, or expense incurred at a rate of 1.25% per
month.
(g) The Tenant acknowledges and agrees that the payments of Rent provided for
in this Lease shall be made without any deduction for any reason whatsoever
unless expressly allowed by the terms of this Lease or agreed to by the
Landlord in writing; and
(i) No partial payment by the Tenant which is accepted by the Landlord shall
be considered as other than a partial payment on account of Rent owing
and shall not prejudice the Landlord's right to recover any Rent owing.
3. TERM AND POSSESSION
(a) The Term shall commence, and the Tenant shall have possession of the
Premises for a period of one (1) year commencing on the 1 st day of April, 2022
and ending on the 31st day of March, 2023: (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) Tenant shall have the right to renew this lease for an additional term of one year
on providing written notice to the Landlord prior to expiry of the above Term
however the rent for such renewal may increase by CPI as set out above in 2(b).
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
its 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 its 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 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 it first obtains the consent of the Landlord in writing, which
consent shall not unreasonably be withheld;
(i) And the Tenant hereby waives its 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 its 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 in any way that results in a change in the effective voting control of
the Tenant, other than an internal reorganization within the Authorized
Inspection Services Inc., 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 its authorized
representative's relevant information from 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;
(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 for the
purpose of maintenance of the Premises, 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, flood, or
storm, or repairs or replacements of a capital nature, including repairs or
replacements of the roof, exterior components, windows, HVAC systems,
and structural elements of the Building.
(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.
(e) Except for the obligation of the Tenant to maintain the leased Premises during
the Term, the Landlord agrees to maintain, repair, and replace all parts and
systems of the building including all Common Areas as a prudent owner would
do.
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;
(A)And items included in the plan which are regarded by the Tenant as
"Trade Fixtures" shall be designated as such on the plan;
(ii) Any and all alterations or additions to the Premises made by the Tenant
must comply with all applicable building code standards and by-laws of the
municipality in which the Premises are located.
(b) The Tenant shall be responsible for and pay the cost of any alterations,
additions, installations or improvements that any governing authority, municipal,
provincial or otherwise, may require to be made in, on or to the Premises.
(c) No sign, advertisement or notice shall be inscribed, painted or affixed by the
Tenant, or any other person on the Tenant's behalf, on any part of the inside or
outside of the Building in which the Premises are located unless the sign,
advertisement or notice has been approved in every respect by the Landlord.
(d) All alterations additions to the Premises made by or on behalf of the Tenant,
other than the Tenant's Trade Fixtures, shall immediately become the property
of the Landlord without compensation to the Tenant.
(e) The Tenant agrees, at his own expense and by whatever means may be
necessary, immediately to obtain the release or discharge of any encumbrance
that may be registered against the landlord's property in connection with any
additions or alterations to the Premises made by the Tenant or in connection
with any other activity of the Tenant.
(f) If the Tenant has complied with his obligations according to the provisions of this
Lease, the Tenant may remove his Trade Fixtures at the end of the Term or
other termination of the Lease and the Tenant covenants that he will make good
and repair or replace as necessary any damage caused to the Premises by the
removal of the Tenant's Trade Fixtures.
(g) Other than as provided in paragraph 8(f) above, the Tenant shall not, during the
term of this Lease or any time thereafter remove 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.
(h) The Tenant shall, at his own expense, if requested by the Landlord, remove any
or all additions or improvements made by the Tenant to the Premises during the
Term and shall repair all damage caused by the installation or the removal or
both.
(i) 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 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 its own name to provide coverage with
respect to the risk of business interruption to an extent sufficient to allow the
Tenant to meet its ongoing obligations to the Landlord and to protect the Tenant
against loss of revenues.
(c) The Tenant shall carry insurance in its 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 its 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. 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 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 LANDLORDS 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 its 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)Taken action, if the Tenant is a corporation, with a view to winding up,
dissolution or liquidation;
(iv)Any insurance policy is cancelled or not renewed by reason of the use or
occupation of the Premises, or by reason of non-payment of premiums;
(v) The Premises;
(A)Become vacant or remain unoccupied for a period of thirty (30)
consecutive days; or
(B)Are not open for business on more than thirty (30) business days in
any twelve (12) month period or on any twelve (12) consecutive
business days;
(C)Are used by any other person or persons, or for any other purpose
than as provided for in this Lease without the written consent of the
Landlord.
(b) When an Act of Default on the part of the Tenant has occurred:
(i) The current month's rent together with the next three months' rent shall
become due and payable immediately;
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-
(i) No covenant, 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.
12JERMINATION 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 it 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;
(f) Particulars of any sub tenancies; and,
(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 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 5th Concession
RR #5
Kincardine, Ontario N2Z 2X6
to the Tenant at the Premises or at:
1475 5th Concession
RR #5
Kincardine, Ontario 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.
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 February 2023.
Such renewal shall be on the same terms and conditions and the rent shall be as
set out in section 3(c) above.
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
GerrV Glover
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Gerry Glover, Mayor
Roxana Baumann uIIWlllllµ
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Roxana Bauman, Acting Chief Administrative
Officer
AUTHORIZED INSPECTION SERVICES INC.
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Zoran Priboj
(I have the authority to bind the Corporation)
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, skylights 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.
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.
Schedule A
To Lease made between
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
(the Landlord)
-and-
AUTHORIZED INSPECTION SERVICES
(the Tenant)
As outlined below, the area to be leased total 1,500 square
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