HomeMy WebLinkAbout94-60
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW #94-60
Being a By-law to authorize the execution of a Leasing
Agreement between the Corporation of the Municipality of
Clarington and her Majesty the Queen in right of Ontario
as represented by the Management Board of Canada for the
rental of the Probation Offices in the premises located
at 132 Church Street, Bowmanville, Ontario.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on
behalf of the Corporation of the Municipality of Clarington
with the Corporation Seal, a Leasing Agreement with her
Majesty the Queen and said Corporation.
2. THAT this agreement attached hereto as Schedule "A" form'part
of this By-law
By-law read a first and second time this 11th day of April, 1994.
By-law read a third time and finally passed this 11th day of April,
1994.
14!~~~a..J
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BETWEEN:
AND:
OFFICE LEASE (SEMI-GROSS)
L-5142
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
hereinafter called the "LANDLORD"
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO AS REPRESENTED BY THE
CHAIR OF THE MANAGEMENT BOARD OF CABINET
hereinafter called the "TENANT"
A portion of the Ground Floor
132 Church Street
Bowmanville, Ontario
LIC IT5
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1
SUMMARY
Definitions
Premises
Term
Section 1.1
Section 4.1
Section 4.2
Section 4.3
Section 4.4
Section 4.5
Section 4.6
Section 4.7
Section 4.8
Section 4.9
Section 4.10
Section 4.11
Section 4.12
Section 4.13
Section 4.14
Section 4.15
Section 4.16
Section 4.17
Section 4.18
Section 5.1
Section 5.2
Section 5.3
Section 5.4
Section 5.5
Section 5.6
Section 5.7
Section 5.8
Section 5.9
Section 5.10
Section 5.11
Section 5.12
Section 5.13
Section 5.14
Section 5.15
Section 5.16
Section 5.17
Section 5.18
Section 5.19
OFFICE LEASE
TABLE OF CONTENTS
PAGE
. . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . 1-2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-6
ARTICLE'1
PREMISES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
ARTICLE 2
TERM
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
ARTICLE 3
ANNUAL RENT
Annual Rent . . . . . . . . . . . . . . . . . . . . . . . .. 7
ARTICLE 4
TENANT'S COVENANTS
Rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
Operating Cost Adjustment . . . . . . . . . . . . . . .. 8
Business Taxes ....................... 8
Compensation for Damage ................ 8
Notice of Defect ...................... 8
Entry by Landlord ..................... 8
Assign or Sublet ...................... 8
Use of Premises . . . . . . . . . . . . . . . . . . . . . .. 8
Not to Affect Insurance .. . . . . . . . . . . . . . . .. 8
Tenant's Compliance with Laws. . . . . . . . . . . .. 8
Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
Nuisance .. . . . . . . . . . . . . . . . . . . . . . . . .. 9
Tenant's Indemnity. . . . . . . . . . . . . . . . . . . .. 9
InsuranCe Acknowledgement . . . . . . . . . . . . . .. 9
Exhibiting Premises .................... 9
Facilitate Cleaning ..................... 9
Construction Lien . . . . . . . . . . . . . . . . . . . . .. 9
Premises Repair ....................... 9
ARTICLE 5
LANDWRD'S COVENANTS
Quiet Enjoyment ................'....... 9
Landlord's Taxes . . . . . . . . . . . . . . . . . . . . . . . 9
Services and Facilities . . . . . . . . . . . . . . . . . .. 10
Access ............................ 11
Repair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Telephone Installation and
Communications Systems . . . . . . . . . . . . . . .. 11
Tenant Improvements. . . . . . . . . . . . . . . . . .. 11
Landlord Improvements. . . . . . . . . . . . . . . . . .. 11
Energy Conservation . . . . . . . . . . . . . . . . . . .. 12
Indemnity .......................... 12
Compliance with Laws . . . . . . . . . . . . . . . . . .. 12
Insurance . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
No Environmental Contaminants. . . . . . . . . . . .. 13
Environmental Contaminants . . . . . . . . . . . . . .. 13
Notification of Environmental Contaminants ..... 14
Warranty . . . . . . . . . . . . . . . .'. . . . . . . . . . . 14
Asbestos ........................... 14
Additional Services . . . . . . . . . . . . . . . . . . . .; 15
Consent and Approval . . . . . . . . . . . . . . . . . .. 15
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Section 5.20
Section 5.21
Section 6.1
Section 6.2
Section 6.3
Section 6.4
Section 6.5
Section 6.6
Section 6.7
Section 6.8
Section 6.9
Section 6.10
Section 6.11
Section 6.12
Section 6.13
Section 6.14
Section 6.15
Section 6.16
Section 6.17
Section 6.18
Section 6.19
Section 6.20
Section 6.21
Section 6.22
Section 6.23
Section 6.24
Section 6.25
Section 6.26
Section 6.27
Section 6.28
SCHEDULES
SCHEDULE" A"
SCHEDULE "B"
SCHEDULE "C"
SCHEDULE "D"
SCHEDULE "E"
SCHEDULE "F"
SCHEDULE "G"
SCHEDULE "H"
SCHEDULE"!"
SCHEDULE "J"
SCHEDULE "K"
SCHEDULE "L"
SCHEDULE"M"
SCHEDULE "N"
SCHEDULE "0"
PAGE
Waste Management and Recycling Program. . . . .. 15
Parking . .' . . . . . . . . . . . . . . . . . . . . . . . . . . 15
ARTICLE 6
PROVISOS
Overholding .................. . . . . . . . 16
Trade Fixtures, Furniture . . . . . . . . . . . . . . . .. 16
Signs ............................. 16
Unavoidable Delays .................... 16
Right-of-Way ........................ 17
Common Parking . . . . . . . . . . . . . . . . . . . . .. 17
Early Occupancy ...................... 17
Damage and Destruction ................. 17
Leasehold Improvements by Landlord
at Request of Tenant . . . .. .............. 18
Removal of Leasehold Improvements . . . . . . . . .. 18
Re-Entry ........................... 18
Landlord's Default . . . . . . . . . . . . . . . . . . . .. 18
Op~on ~o Extend ...................... 18
ArbItration . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Non-Waiver ......................... 19
Non-Disturbance Agreement ............... 19
Notices ................. . . . . . . . . . . . 19
Entire Agreement. . . . . . . . . . . .. . . . . . . . .. 19
Registration ......................... 19
Severability ......................... 20
Interpretation ... ~ . . . . . . . . . . . . . . . . . . . . 20
Headings and Captions .................. 20
Effect of Lease ....................... 20
Survival of Agreement . . . . . . . . . . . . . . . . . . . 20
Binding on Tenant ..................... 20
Governing Law ......... ~ . . . . . . . . . . . . . 20
Time of Essence ...................... 20
Freedom of Information . . . . . . . . . . . . . . . . . . 21
LEGAL DESCRIPTION OF THE LANDS
FLOOR PLAN
FRIABLE MATERIAL
OPERATING COSTS
REPORT
STATEMENT OF OPERATING COSTS
ELECTRICAL REQUIREMENTS
HVAC SYSTEM
WASTE MANAGEMENT
AND RECYCLING PROGRAM
CONSERVATION OF ENERGY
SHOULD THE TENANT UNDERTAKE TENAJ'IT'S
IMPROVEMENTS
SHOULD THE LANDLORD UNDERTAKE
TENANT'S IMPROVEMENTS
COMMUNICATIONS SYSTEM
NON-DISTURBANCE AGREEMENT
HOUSEKEEPING SERVICES SPECIFICATIONS
,.
L-5142
THIS LEASE made in sextuplicate as of the first day of September, 1993
IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(herein called the "Landlord")
- and -
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO AS REPRESENTED BY THE
CHAIR OF THE MANAGEMENT BOARD OF CABINET
(herein called the "Tenant")
SUMMARY
The following is a summary of certain provisions, which are part of, and are referred to in
subsequent provisions of this Lease. Any conflict or inconsistency between these provisions and the
provisions contained elsewhere in this Lease will be resolved in favour of the provisions contained elsewhere
in this Lease:
(b) Annual Rent:
132 Church Street
Bowmanville, Ontario
LIC IT5
$9,852.00
(a) Address of Premises:
$821.00 payable monthly, based on $12.00 per square foot per year of
the Rentable Area of the Premises, being 821 square feet.
(c) Term:
five (5) years
(d) Extension Option:
one (1) extension term of five (5) years, exercisable upon six (6)
months' notice to the Landlord.
(e) Commencement Date:
September 1, 1993
(t) Address of Landlord:
40 Temperance Street
Bowmanville, Ontario
LIC 3A6
With rent cheques to
be made payable to:
The Corporation of the Municipality of Clarington
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(g) Address, of Tenant:
c/o Director, Leasing Services Branch
Property Management Division
Management Board Secretariat
Fifth Floor
Ferguson Block
77 Wellesley Street West
Toronto, Ontario, M7 A IN3
(h) Base Operating Costs:
The Proportionate Share of actual Operating Costs per square foot of
the Rentable Area of the Premises for the twelve (12) month period
commencing on January 1, 1993 and ending on December 31, 1993 in
the amount of $5.00 for each square foot of the Rentable Area of the
Premises.
(i) Occupant Ministry:
Ministry of the Solicitor General
G> Parking:
The Tenant (and persons utilizing the services of the Occupant
Ministry) is entitled to the use of three (3) outdoor parking spaces
designated for the exclusive use of the Tenant by the Landlord located
in the Parking Areas, the cost of which is included in the Annual Rent.
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DEFINITIONS
In this Lease and in the Schedules to this Lease, the following words or phrases have the following
meanings:
"Additional Rent" means all charges or sums of money payable by the Tenant under the provisions
of this Lease. Additional Rent is due and payable with the next monthly instalment of Annual Rent unless
otherwise provided herein, but in any event is not payable as part of Annual Rent.
," Additional Services" means all services supplied by the Landlord in addition to those required to
be supplied by the Landlord to the Tenant pursuant to this Lease, except for any services which the Landlord
elects to supply to all of the tenants of the Building, the cost of which is included in the Operating Costs
for the Building.
"Agreement to Lease" is comprised of the Offer to Lease dated April 19, 1994 of the Landlord,
which was accepted by the Tenant on May 30, 1994.
"Annual Rent" means the rent payable by the Tenant to the Landlord pursuant to Article 3 of this
Lease.
"Architect" means the independent, arm's length architect, surveyor or professional civil engineer,
from time to time named by the Landlord.
"Authority" means any governmental authority, quasi-governmental authority, agency, body or
department whether federal, provincial or municipal, having or claiming jurisdiction over the Premises or
,the Building, or the use thereof.
"Base Operating Costs" shall be the Proportionate Share of actual Operating Costs per square foot
of the Rentable Area of the Premises for the twelve (12) month period commencing on January 1, 1993 and
ending on December 31, 1993 in the amount of $5.00 for each square foot of the Rentable Area of the
Premises.
"Base Rent" means the amount of $7.00 for each square foot of the Rentable Area of the Premises
payable by the Tenant pursuant to the terms of this Lease.
"Building" means the building having the municipal address of 132 Church Street, Bowmanville,
Ontario, LIC IT5 erected on the Lands, from and including the lowest floor or level of the Building to and
including the roof of the Building, the Common Areas and Facilities, the Parking Areas and the areas and
facilities exclusively serving the Building, which areas and facilities may include, without limitation, lobbies,
foyers and vestibules, sidewalks, storage and mechanical areas, Mechanical and Electrical Services, janitor
rooms, mail rooms, telephone rooms, rooms for the Mechanical and Electrical Services, stairways,
escalators, elevators, truck and receiving areas, driveways, loading docks and corridors. Where the context
requires, "Building" includes all buildings of the Landlord on the Lands.
"Business Day" means any day which is normally considered a regular day of business for most
government offices for the Province of Ontario.
"Commencement Date" means the date set out in Article 2 of this Lease for the beginnillic.ofithe
Term.
"Common Areas and Facilities" means those areas, facilities, utilities, improvements, ~uip,en~
and installations in the Building which are not leased to tenants of the Building, and which serve()r are:.f9r
the benefit of the Building and are located within the Building or on the Lands, including all areas, fa(}~~~,~~
utilities, improvements, equipment and installations which are provided by the Landlord for the ,use or
benefit of all the tenants, their employees, customers and other invitees in common with others entitled to
the use and benefit thereof in the manner and for the purposes permitted by this Lease.
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"Contemplated Use" means the use set out in Section 4.8 of this Lease.
"Cost Period" means the period of time for the first Cost Period commencing on the Commencement
Date and ending on December 31, 1993 and, thereafter, each Cost Period shall consist of consecutive
periods of twelve (12) calendar months commencing on January 1 and ending on December 31, except in
respect of the last Cost Period, which shall terminate on the expiration or earlier termination of this Lease,
as the case may be.
"De-escalation" means the amount in any Cost Period by which the Base Operating Costs exceed
the Proportionate Share of Operating Costs.
"Environmental ConUiminants" means the Environmental Contaminants described in Section 5.16
of this Lease.
"&calation" means the amount in any Cost Period by which the Proportionate Share of Operating
Costs exceeds the Base Operating Costs.
"Landlord" means the Landlord and its duly authorized representatives. '
"Landlord's Taxes" means all taxes, rates, duties, levies and assessments whatsoever whether
municipal, provincial or federal, charged upon the Building and the Lands, or upon the Landlord on account
thereof, including all taxes, rates, duties, levies, impost charges and assessments for local improvements,
education and schools and all taxes, grants or assessments which may in future be levied in lieu of
"Landlord's Taxes" as hereinbefore defined, and including any local improvement charges or levies directly
or indirectly related to the development of the Building. Landlord's Taxes include, without limitation, realty
taxes, business taxes of the Landlord, corporation taxes, capital taxes, excise taxes, Sales Taxes, income
taxes, Commercial Concentration Tax, or any other taxes or assessments levied against the Landlord, the
Building, the Lands, or the Rent.
"Lands" means the lands underneath or directly adjacent to the Building as more particularly
described in Schedule "A" attached hereto.
"Lease" means this agreement and all the terms, covenants and conditions set out herein, as amended
from time to time in accordance with Section 6.18 of this Lease.
"Leasehold Improvements" means all items generally considered as leasehold improvements
including, without limitation, all installations, alterations, and additions from time to time made, erected or
installed in the Premises by or on behalf of the Tenant, or any previous occupant of the Premises and any
initial Tenant's leasehold improvements installed by the Landlord pursuant to Schedule ilL" attached hereto.
"Market Rental" means, at any given time, the then current market rental rate as' indicated by
market comparables, being leases and offerings, with comparable terms (including, without limitation, the
length of the term and the frequency of adjustments in rent, if any) entered into at arm's length with
comparable tenants for Unimproved office premises of comparable size, effective age, quality and use in
comparable buildings in the vicinity in which the Building is located, taking into account the incidence of
tenant inducements and allowances or initial rent-free or reduced rent periods then prevailing in the relevant
market areas, and making the necessary adjustments for any differences.
"Mechanical and Electrical Services" include, but are not limited to, all mechanical, ~~Wc~,
dnrlnage,lighting,incinerating, ventilation,arr-conditioning, elevating ,heating,pumping,sprinkling,~~,
p~umbing and other mechanical and electrical systems installed in or used in the operation of theiBuilCing
and the Lands.
"Normal Business Hours" means those hours and days considered by the Occupant Ministq:lOiibc
its normal business hours.
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"Occupant Ministry" means the Ministry of the Solicitor General.
"Operating Costs" has the meaning provided in Schedule "0" attached hereto.
"Parking Areas" means the improvements constructed from time to time, in or as part of the
Building and the Lands for use as parking facilities for the tenants of the Building and their employees,
servants and invitees, and the areas and facilities that are appurtenant solely to those improvements, but
excluding the parking areas, driveways, loading areas and other parts of the service area forming part of
the Premises and available exclusively to the Tenant. The Landlord shall designate the minimum number
of the parking spaces comprising the Parking Areas prescribed by the relevant Authority for the sole and
exclusive use of the disabled.
"Person", if the context allows, includes any person, firm, partnership or corporation, or any group
of persons, firms, partnerships or corporations or any combination thereof.
"Premises" means the premises containing a Rentabl~ Area, which, as of the Commencement Date,
has been deemed to be 821 square feet and occupying a portion of the ground floor of the Building. If the
Premises are entirely self-enclosed, their boundaries extend (a) to the inside finished surface of the
permanent outer walls; and (b) from the top surface of the structural sub floor to the bottom surface of the
suspended ceiling. If the Premises have no suspended ceiling abutting the demising walls and are open to
the ceiling or the bottom surface of the structural ceiling of the Building, the boundaries of the Premises
extend from the top surface of the structural sub floor to the height of the demising walls. The location of
the Premises is outlined on the plan attached hereto as Schedule "B".
"Proportionate Share" means the ratio of the Rentable Area of the Premises to the Rentable Area
of the Building which, at the Commencement Date, has been calculated to be six point nine three percent
(6.93%). This percentage is subject to adjustment from time to time, according to any change in the
Rentable Area of either of the Premises or the Building, the Landlord to notify the Tenant of any change
in the Rentable Area of the Building as soon as practicable and provide the Architect's certificate of the
Rentable Area of either of the Premises or the Building, as the case may be, within thirty (30) days
thereafter, reflecting such change.
"Rent" means the aggregate of Annual Rent and Additional Rent.
"Rentable Area of the Building" shall be deemed, for the purposes of this Lease and any extensions
or renewals thereof, to be 11,842 square feet.
"Rentable Area of the Premises" shall be deemed, for the purposes of this Lease and any extensions
or renewals thereof, to be 812 square feet.
"Sales Taxes" means all business transfer, multi-usage sales, sales, goods and services, use,
consumption, 'value-added or other similar taxes imposed by the Government of Canada upon the Landlord,
or the Tenant, or in respect of this Lease, or the payments made by the Tenant hereunder or the goods and
services provided by the Landlord hereunder including, without limitation, the rental of the Premises and
the provision of administrative services to the Tenant hereunder.
"Stl1lcture" means the foundation, roof (including the roof membrane), exterior wall assemblies,
including weather walls and bearing walls, sub floor and structural columns and beams of the Building, all
plumbing, drainage, Mechanical and Electrical Services and equipment leading up to, from and up.cla-the
Building, and any other portions of the Building normally considered to be part of the structural .,0.' f
a building, or where the repairs or replacements thereto are normally considered a major capital expe
"Tenant" means, where the context allows, the servants, employees, agents, invitees andlicep.&~
of the Tenant, and any other governmental agency, ministry, corporation or department over wholllthe
Tenant may reasonably be expected to exercise control. It is understood and agreed that the Chaii.ofl.the
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Management Board of Cabinet by his/her representative is the only person entitled to bind the Tenant
contractually.
"Term" means the term of this Lease set out in Article 2 of this Lease.
"Trade Fixtures" means the personal chattels installed prior to the Commencement Date, at the
Commencement Date or during the Term by or on behalf of the Tenant, in, on or which serve, the
Premises, for the sole purpose of the Tenant carrying on its trade in the Premises pursuant to Section 4.9
of this Lease and which Trade Fixtures the Tenant is permitted to remove only to the extent permitted by
the terms of this Lease, but Trade Fixtures do not include Leasehold Improvements of the Tenant.
"Unimproved" means: (i) full completion of exterior and interior finishes on all perimeter walls
with standard finishes associated with the Building; (ii) finished demising walls and entrance doors with
locking hardware; (ill) fully balanced distribution of the Mechanical and Electrical Services to base building
standards; (iv) level finished concrete floor; and (v) new or "as new" fmished T-bar ceiling, but shall
exclude the Building security system and equipment related thereto installed by the Tenant or on the Tenant's
behalf.
"Utilities" means all gas, electricity, water, sewer, steam, fuel oil, power, signal equipment and
other utilities used in or for the Building or the Premises, as the case may be.
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ARTICLE 1
PREMISES
In consideration of the rents reserved and the covenants and agreements herein
contained to be paid, observed and performed by the Tenant, the Landlord
hereby leases to the Tenant the Premises for the Term, together with the
non-exclusive right to use the Common Areas and Facilities and any Parking
Areas together with all others entitled thereto.
ARTICLE 2
TERM
TO HA VE AND TO HOLD the Premises for and during the Term of five (5)
years, commencing on September 1, 1993 (the "Commencement Date") and
ending on August 31, 1998, unless previously terminated pursuant to the
terms of this Lease.
Either party shall have the right to cancel this Lease at any time during the
Term by giving the other party no less than three (3) months' prior written
notice of termination.
ARTICLE 3
ANNUAL RENT
The Tenant hereby covenants to pay to the Landlord as Annual Rent, during
the Term, the sum of Nine Thousand Eight Hundred and Fifty Two
($9,852.00), in equal monthly installments of Eight Hundred and Twenty One
($821.00), based upon the annual rate of Twelve ($12.00) per square foot of
the Rentable Area of the Premises.
The Annual Rent is based on an annual rental charge of $12.00 for each
square foot of the Rentable Area of the, Premises, which is comprised of
$7.00 for each square foot for the Base Rent and $5.00 for, each square foot
for Base .operating Costs.
The parties acknowledge that, except as may be expressly provided in this
Lease, the Annual Rent is not subject to adjustment at any time during the
Term and that, in addition to the Tenant's obligation to pay Annual Rent, the
Tenant shall either pay Escalation or receive De-escalation in accordance with
Schedule "D" attached to this Lease.
It is agreed and understood that the Annual Rent shall commence to be
payable on September 1, 1993.
Annual Rent shall be payable to the Landlord in lawful money of Canada, in
advance in equal monthly installments on the first' day of each and every
month during the Term at such place as the Landlord shall hereafter designate
in writing. If the Term commences on any day other than the first day of a
month or ends on any day other than the last day of a month, Annual Rent for
the fractions of a month at the Commencement Date and at the end of the
Term shall be adjusted pro rata. Rental payments shall, unless otherwise
agreed upon by the parties, be made by the T~nant by direct deposit as further
directed by the Landlord. The Landlord covenants to provide the Tenant with
a minimum of fifteen (15) days' prior written notice of a change in either the
payee of the Rent or the account number of the bank account of the payee to
which payments of Rent are being directed.
The Tenant hereby certifies that the Premises leased hereunder are leased by
the Chair of the Management Board of Cabinet for the use of the Crown in
Right of Ontario and are therefore not subject to the federal Goods and
Services Tax. This provision applies only where HER MAJESTY THE
QUEEN in right of Ontario as represented by the Chair of the Management
Board of Cabinet is the Tenant.
ARTICLE 4
TENANT'S
COVENANTS
The Tenant covenants with the Landlord as follows:
Section 4.1
Rent
To pay Rent in accordance with the provisions of this Lease.
- 7 -
Section 4.2
Operating
Cost Adjustment
Section 4.3
Business Taxes
To either pay Escalation or receive De-escalation in accordance with Schedule
"0" attached hereto.
To pay all taxes levied upon the business assessment, if any, resulting from
the Tenant's use or occupation of the Premises.
Section 4.4
Compensation for
Damage
To make good or compensate the Landlord for any damage to the Premises
caused by negligent, reckless or wilful misconduct of the Tenant's servants,
agents, employees, licensees or invitees.
Section 4.5
Notice of Defect
To give the Landlord notice, as soon as reasonably possible, of any accident
to or defect in the Mechanical and Electrical Services, or any other system or
part of the Premises which the Landlord is obligated to repair.
Section 4.6
Entry by Landlord
To permit the Landlord to enter the Premises at any reasonable time after
delivering two (2) Business Days' prior written notice to the Tenant's
designated representative, for the purpose of inspecting the Premises and
making permitted repairs to the Premises.
If the Tenant is not present to permit an entry by the Landlord to the Premises
at the time that entry is necessary by reason of an emergency, then the
Landlord, without any notice to the Tenant, may forcibly enter the Premises
to remedy such emergency.
Section 4.7
Assign or Sublet
Not to assign this Lease or sublet the Premises without the prior written
consent of the Landlord, such consent not to be unreasonably withheld. The
Landlord acknowledges and agrees that the following does not constitute an
assignment or sublet and does not require the Landlord's consent therefor:
the use or occupation of all or part of the Premises by any governmental
agency, ministry, corporation, department or Person affiliated with the
Tenant.
Notwithstanding anything to the contrary contained in this Lease, the Landlord
shall be liable for any loss, damages, costs, and expenses incurred by the
Tenant (including solicitors' fees) in respect thereof as a result of the
Landlord unreasonably withholding or unduly delaying its consent to an
assignment, subletting or other transfer proposed by the Tenant hereunder.
Section 4.8
Use of Premises
To use the Premises for office purposes and all other uses ancillary thereto
only, in accordance with all laws, regulations, by-laws, policies or procedures
of any Authority. '
Section 4.9
Not to Affect
Insurance
Not to do or omit or permit to be done or omitted on the Premises anything
which shall cause the insurance premiums for the Building to be increased and
if the insurance premiums for the Building shall be increased by reason of
anything done or omitted or permitted to be done or omitted by the Tenant or
anyone permitted by the Tenant to be upon the Premises, the Tenant shall,
within five (5) Business Days after receipt of notice from the Landlord setting
out in reasonable detail the cause for such increased premiums, pay to the
Landlord the amount of such increase.
Section 4.10
Tenant's Compliance
with Laws
To comply with all codes and, regulations and any federal, pfOi'
municipal laws, regulations and codes of any relevant Authoritywhicf1!retate
to the Tenant's use or occupation of the Premises or to the m~ng ~~any
repairs, replacements, additions, changes, substitutions or improvet:qeqfS~
relate to such use or occupation by the Tenant.
- 8 -
Section 4.11
Waste
Not to do or allow any waste, damage, disfiguration or injury to the Premises
or the fixtures and equipment forming a part thereof or permit any
overloading of the floors thereof.
Section 4.12
Nuisance
Not to use or permit the use of any part of the Premises for any dangerous,
noxious or offensive trade or business or cause or permit any nuisance in, at
or on the Premises. The Landlord acknowledges and agrees that the
Contemplated Use does not contravene this Section.
Section 4.13
Tenant's Indemnity
Save and except for any damage arising from the negligent act or omission of
the Landlord or any Person for whom it is in law responsible, to indemnify
and save harmless the Landlord from and against any and all claims,
including, without limitation, all claims for bodily injury or property damage
arising from any act or omission of the Tenant or any assignee, subtenant,
agent, contractor, servant, employee, invitee or licensee of the Tenant and
from and against all costs, counsel fees, expenses and liabilities incurred in
connection with any such claim or any action or proceeding brought thereon.
Section 4.14
Insurance
Acknowledgement
The Landlord acknowledges that the Tenant in respect of damage to the
Building and the Premises is self-insured and in respect of third party liability
maintains a comprehensive blanket policy of insurance, and therefore shall not
require the Tenant to obtain any additional insurance coverage.
Section 4.15
Exhibiting Premises
To permit the Landlord to exhibit the Premises to prospective tenants during
Normal Business Hours during the last six (6) months of the Term upon
receipt of twenty-four (24) hours' prior notice.
Section 4.16
Facilitate Cleaning
To leave the Premises in a reasonably tidy state at the end of each Business
Day to facilitate the Landlord's janitorial services.
Section 4.17
Constroction Lien
Not to suffer or permit during the Term hereof any construction liens or other
liens for work, labour, services or materials ordered by it or for the cost of
which it may be in any way obligated, to attach to the interest of the Landlord
in the Premises or the Lands, and that whenever and so often as any such
liens shall attach or claims therefor shall be filed, the Tenant shall, as soon
as reasonably possible after the Tenant has notice of the claim or lien, procure
the discharge thereof by payment or by giving security or in such other
manner as is or may be required or permitted by law and the Tenant further
covenants that whenever and so often as a certificate of action is registered
relating to any of the liens referred to in the preceding sentence, the Tenant
shall, as soon as reasonably possible after the Tenant has notice of the
registration of such certificate of action, have the same vacated.
Section 4.18
Premises Repair
To maintain and keep, at its sole cost and expense, the interior of the
Premises and any part thereof, including all Leasehold Improvements, in good
order and condition and to promptly make all needed repairs and replacements
thereto, except for: (i) reasonable wear and tear; and (ii) any damage to the
Premises caused by defects or weaknesses to the Structure.
ARTICLE 5
LANDLORD'S
COVENANTS
The Landlord covenants with the Tenant as follows:
Section 5.1
Quiet Enjoyment
Section 5.2
Landlord's Taxes
For quiet enjoyment.
To pay all Landlord's Taxes, if any.
- 9 -
~
\.
Section 5.3
Services and
Facilities
To provide and operate the following services and facilities for the Premises
as expressed below, at the Landlord's expense, and maintain at the Landlord's
expense, such services and facilities in good repair (and, if necessary, replace
same) during the Term:
(a) Utility Systems
All utility systems and facilities including water, fuel and electricity,
and including all charges for Utilities used or consumed within the
Premises.
(b) Electrical Systems/Lenses, Bulbs and Related Equipment
An electrical system which is satisfactory for the Tenant's purposes
including fixtures and outlets together with the initial installation and
ongoing replacement of bulbs, fluorescent tubes and ballasts during the
Term, and all maintenance and parts thereof, as more particularly set
out in Schedule "G" attached hereto.
(c) Thermal Conditions and Air Quality
A heating, ventilation and air-conditioning system which is satisfactory
for the Tenant's purposes, as more particularly set out in Schedule "Hit
attached hereto.
(d) Water System
A water system capable of supplying hot and cold water to the
Premises and the washrooms serving the Premises.
(e) Washrooms
Fully equiped washroom facilities for male and female employees of
the Tenant in accordance with the requirements established by the
Occupational Health and Safety Act, RS.O. 1990, c.O.l, as amended,
. and the regulations made thereunder, or any successor act, and the
provision of all washroom equipment and supplies reasonably
necessary; in the opinion of the Tenant, for the use and operation of
such washroom facilities, including, without limitation, a sink, vanity,
toilet bowl, paper towel dispenser, garbage pail, soap dish and toilet
paper dispenser.
Notwithstanding the foregoing, the Tenant shall not require the
Landlord to effect any alterations to the washroom serving the Premises
so as to ensure that such washroom is in compliance with requirements
of the the Ontario Human Rights Code.
(f) Exterior, Common Areas
Maintenance of the exterior of the Building, the landscaped grounds of
the Lands, the Parking Areas and walkways of the Building and the
Common Areas and Facilities of the Building in good repair and
first-class condition and the prompt removal of snow and ice.
(g) Life Safety
Establishment of a workable emergency evacuation program. The
program applicable to Government occupants must be submitted for
review to the Management Board Secretariat, Property MJ1,Ilage
Branch, Safety Section.
(h) Glass Replacement
Prompt replacement in case of breakage, of all plate glaSs~~<~.~.~~
glazing materials of the Building, including without limitation, that
which demises the Premises, with material of the same kind.cutdj q~~jty
- 10-
as that which may be damaged or broken, save where such damage or
breakage has been occasioned by the Tenant, its servants or agents.
(i) Building Security
The provision of Building security in accordance with the Landlord's
standard practice, as would a reasonably prudent landlord of a similar
building.
(j) Housekeeping Services
Housekeeping service for the Premises, as more particularly set out in
Schedule "0" attached hereto, including the provision of waste removal
services and all cleaning materials and washroom supplies.
Section 5.4
Access
To permit the Tenant, its agents, invitees and those having business with any
or all of them, full and uninterrupted access to the Building seven (7) days per
week twenty four (24) hours per day during the Term, including access for
disabled persons. The Landlord covenants and agrees to provide all services
and facilities required to be provided by it hereunder (including without
limitation, light, water, fuel, electricity, plumbing, heating, ventilation and
air-conditioning) during Normal Business Hours and to permit the Occupant
Ministry to make its own arrangements with the Landlord for the provision
of such services and facilities outside of Normal Business Hours, including
invoicing and payment of the charges therefrom.
Section 5.5
Repair
Subject to: (i) the obligations of the Tenant outlined in Section 4.18 of this
Lease; (ii) the provisions of Schedule "0" attached hereto; and (iii) the
provisions of Section 6.8 of this Lease, to maintain the Building and the
Structure in good repair and tenantable condition during the Term and make
good any defect or want of repair and/or replacement promptly upon notice
thereof with a minimum of disruption to the Tenant's business. The Landlord
also covenants to repair any damage to the Premises, the Leasehold
Improvements, or any part thereof, caused by any defects or weaknesses to
the Structure.
Section 5.6
Telephone
Installation and
Communications
Systems
Section 5.7
Tenant
Improvements
To permit the Tenant to effect the installation of telephone and
inter-communication apparatus in the Premises. The Building is to have the
facilities as set out in Schedule "M" attached hereto.
To grant permission to the Tenant to tender for and complete, at the Tenant's
sole cost and expense, such Leasehold Improvements to the Premises as it
may consider necessary from time to time during the Term or any extension
thereof, in accordance with Schedule "K" attached hereto and subject to the
prior written consent of the Landlord, which consent shall not be
unreasonably withheld or delayed. No Leasehold Improvements shall be
made to the Structure unless the Tenant has obtained specific approval from
the Landlord therefor.
Section 5.8
Landlord
Improvements
That the Building, including, without limitation, the Parking Areas, the whole
of the Structure and all other improvements, facilities and base building
systems appurtenant thereto (except for the initial Tenant's Leasehold
Improvements required prior to occupation) shall be completed by the
Landlord prior to the Commencement Date. The Landlord further.~venan~,
and agrees that, unless it fully complies with the terms and condi~o~~)~t~M~
below, at no time during the Term shall it commence any furthercon~troctioq
or alterations to the Building which will have the effect of:
(a) altering any part of the Structure;
(b) interfering with the business operations of the Tenant;
- 11 -
(c) interfering with ingress to or egress from the Premises; or
(d) causing noise or other nuisances which might interfere with the
Tenant's business operations.
unless the Tenant otherwise consents, the Tenant's consent therefor not to be
unreasonably withheld.
In the event that the Landlord intends to commence any construction relating
to items (a)-(d) inclusive outlined in this Section 5.8, in or around the
Building at any time during the Term, such construction shall be subject to the
following terms and conditions:
(i) the Landlord shall deliver written notice to the Tenant, including
complete and detailed plans and specifications of the planned
construction, at least six (6) months prior to the commencement of
construction. In the event that the planned construction is intended to
occur within the first six (6) months of the Term, the Landlord shall
deliver such notice, including the complete and detailed plans and
specifications, to the Tenant.as soon as possible;
(ii) the Landlord must receive the prior written approval of the Tenant and
of any required Authorities;
(ill) all construction must be completed promptly and in a good and
workmanlike manner, and must not interfere with the use of the
Premises or any part thereof by the Tenant and wherever possible,
must be completed outside of Normal Business Hours, unless the
Tenant agrees otherwise; and
(iv) all Utilities and other base building systems must continue to be fully
operative during aily period of construction and the Landlord shall be
responsible for any damages or costs incurred by the Tenant to the
extent caused or contributed to by any interruption of such Utilities or
systems.
Section 5.9
Energy
Conservation
To adhere as closely as possible to the energy conservation procedures set out
in Schedule "J" attached hereto.
Section 5.10
Indemnity
To indemnify the Tenant and save it harmless from and against all losses,
claims, actions, damages, costs, liabilities and expenses (together the
"Claims") in connection with loss of life, personal injury, damage to property
(including any portion of the Building and its equipment, machinery, services,
fixtures and Leasehold Improvements) or any other loss or injury arising from
or out of the conduct of any work by the Landlord, the provision of any
service by the Landlord or any act or omission of the Landlord or those for
whom the Landlord is at law responsible or by anyone permitted to be in the
Building by the Landlord. The Landlord will also indemnify the Tenant and
save it harmless from and against all Claims resulting from the existence or
improper handling of any Environmental Contaminant which is or has been
located, stored or incorporated in or on any part of the Building. If the
Tenant is, without fault on its part, made a party to any litigation commenced
by or against the Landlord, then the Landlord will protect, indemnify and
hold the Tenant harmless and pay all expenses and reasonable legal fees
incurred or paid by the Tenant in connection with such litigation.
Section 5.11
Compliance With
Laws
To Comply with all provisions of law including, without lim~~tion,all
enactments, by-laws and any regulations of any Authority whichre1~~.~0~~
Premises or to the use or occupation thereof or to the making ofan~r~rs~
replacements, additions, changes, substitutions or improvements/of or to the
Premises or any part thereof. The Landlord agrees not to bring o~comw~nce
any application with the respective Authority to change the respeot.i.~~.~~~~
the Premises and Lands, or the zoning of the Lands, without th~ Tenant's
prior written consent.
- 12 -
..
Section 5.12
Insurance
At all times throughout the Term, to obtain and maintain:
(a) broad form boiler and machinery insurance on a blanket repair and
replacement basis with limits for each accident in an amount of at least
the replacement cost of all Leasehold Improvements, contents and of
all boilers, pressure vessels, air-conditioning equipment and
miscellaneous apparatus owned or operated by the Landlord or by
others on behalf of the Landlord in the Building and on the Lands;
(b) "all risks" insurance (including flood and earthquake) on the Building
(including the foundations and excavations and other parts of, the
Structure) and the equipment contained in or servicing the Building and
on the Lands, in an amount at least equal to the full replacement cost
thereof, insuring all property of the Landlord, property for which the
Landlord is legally liable or property installed by or on behalf of the
Landlord and the Leasehold Improvements; ,
(c) comprehensive general liability insurance including personal injury,
broad form contractual liability, owners' and contractors' protective,
contingent employers' liability, employers' liability, medical payments,
products liability, completed operations, non-owned automobile
liability, all coverages with respect to the Building, the Lands and the
use of the Common Areas and Facilities. Such policies shall be written
on a comprehensive basis with inclusive limits of not less than Ten
Million Dollars ($10,000,000.00) per occurrence or such higher limits
as the Tenant may reasonably require from time to time; and
(d) other forms of insurance as would be carried by a prudent owner of a
similar building.
All of the foregoing insurance policies shall contain a waiver of any
subrogation rights which the Landlord's insurer may have against the Tenant
and those for whom the Tenant is at law responsible, whether the damage is
caused or contributed to by their act, omission or negligence and shall not
make provision for co-insurance. All of such policies shall be taken out and
kept in full force and effect in the names of the Landlord and the Tenant, as
their respective interests may appear and shall contain a cross-liability clause.
None of the policies shall be invalidated as respects the interest of the Tenant,
or those for whom the Tenant is at law responsible, by reason of any breach
or violation of any warranties, representations, declarations or conditions
contained in the policies. All of the policies shall contain an undertaking by
the insurers to notify the Tenant in writing not less than thirty (30) days prior
to any material change, cancellation or termination. If requested by the
Tenant, the Landlord agrees to deliver certificates of insurance of the
underwriting insurance company or complete certified copies of policies to the
Tenant within thirty (30) days after the placing of the required insurance. No
review or approval of such insurance documentation by the Tenant shall
derogate from or dimiriish the Tenant's rights or the Landlord's obligations
as contained in this Lease.
Section 5.13
No Environmental
Cont.aminants
To use its continuing effort throughout the Term and any extension thereof to
ensure that no part of the Building or Lands is used, without limitation,
(either by the Landlord or all other tenants in the Building), to generate,
manufacture, refine, treat, transport, store, handle, dispose of, transfer or
produce any Environmental Contaminant, except in strict compliance with all
applicable requirements of any relevant Authority, including, without
limitation, environmental, land use, occupational health and safety laws,
regulations, requirements, permits and by-laws.
Section 5.14
Environmental
Contaminants
To remove any Environmental Contaminant located on or in~eB~i1ding
whether or not known to the Landlord as of the date of execution~f(this
Lease, and whether or not resulting from any act, omission, or negli~~~
the Landlord or those for whom it is in law responsible, whichi t
contained in accordance with all applicable requirements of atlY .... teJev(lfiJ
Authority. If any such Environmental Contaminant is not removed forthwith
- 13 -
by the Landlord, the Tenant shall be entitled, but not required, to remove the
same on the Landlord's behalf, and the Landlord shall reimburse the Tenant
for the cost thereof.
Section 5.15
Notification of
Environmental
Contaminants
To notify the Tenant immediately in the event that the Landlord receives
notice of any violation of any environmental law or that any order of an
administrative tribunal or any Authority is made or is proposed to be made
against the Landlord in respect of any Environmental Contaminant in, on or
near the Lands or Building, and to notify the Tenant immediately of any
discharge, release or discovery of any Environmental Contaminant which is
not contained in accordance with all applicable requirements of any relevant
Authority, in or on any part of the Building or Lands.
Section 5.16
Warranty
The Landlord: (i) represents and warrants that there has not been and is not
now; and (ii) covenants to ensure that there will not be, at any time during the
Term, any Environmental Contaminant ("Environmental Contaminant"
includes any hazardous or toxic substances or materials, including without
limitation, products of waste, contaminants, pollutants, dangerous substances,
noxious substances, toxic substances, hazardous wastes, flammable, explosive
or improperly handled friable materials including asbestos, PCBs and
substances or any other materials declared or defined to be hazardous, toxic,
contaminant or pollutant in or pursuant to any law of any Authority) located,
stored, manufactured, refined, disposed of, produced, processed or
incorporated in or on any part of the Building or the Lands, except in
accordance with Section 5.13 of this Lease. In the event that there is any
Environmental Contaminant in the Premises, the Building, or on the Lands,
which is not handled in accordance with Section 5.13 of this Lease, the
Tenant may terminate this Lease if the Landlord is unwilling or unable to
cleanup or decommission such within a reasonable time of becoming aware
of such Environmental Contaminant.
The Tenant's termination of this Lease by reason of the Landlord failing or
being unwilling to clean up the Environmental Contaminant shall be without
prejudice to the Tenant's right to claim for damages against the Landlord
arising out of such failure or refusal as aforesaid.
The Landlord further represents and warrants that as of the Commencement
Date and throughout the Term and any extension thereof, all Mechanical and
Electrical Services and equipment serving the Premises are and will be in
good working order and condition and satisfactory for the carrying on of the
Tenant's business in and from the Premises.
The Landlord further covenants and agrees that as of the Commencement Date
(i) there shall not be any by-laws (the "By-Laws"), including, without
limitation, any restrictive covenants, development agreements, zoning or other
ordinances or regulations of any Authority which will prevent the Tenant from
conducting its business operations in and from the Premises in accordance
with this Lease; (ii) the Landlord shall have complied with all such By-Laws
in connection with the construction of the Building and every part of the
Premises; and (iii) all such By-Laws shall have permitted the erection and
shall permit the continual operation of the Building and every part of the
Premises, in accordance with this Lease. In the event that any of the
By-Laws prohibit or prevent the Tenant from using any part of the Premises
for the Contemplated Use, the Tenant may, on thirty (30) days' prior written
notice, terminate this Lease, without prejudice to the Tenant's rights to claim
for damages against the Landlord arising out of any By-Law prohibiting or
preventing the Tenant's use of the Premises as aforesaid.
Section 5.17
Asbestos
Notwithstanding anything to the contrary contained in this ~~,~t~
material times, including, but not limited to, any times during ""hich,eittter
the Landlord or the Tenant are making any Leasehold Improvemel')ts orpther
improvements, additions or renovations in or about the Premi~/,p~;.~~
Building, or at any times when any maintenance or repairs of any kiqd are,
being carried out in or about the Premises or the Building, th~. .~l~td
agrees to take all measures, at the Landlord's sole cost and expense, to
- 14 -
comply as soon as possible with all applicable requirements of any relevant
Authority relating to the use or presence of asbestos in the Building, or any
part thereof, of which the Premises form part. Failing such compliance by
the Landlord, the Tenant may, atthe Tenant's sole option, on thirty (30)
days' prior written notice to the Landlord, either terminate this Lease or take
all reasonable measures, at the Landlord's sole cost and expense, to comply
with all such requirements of any relevant Authority, to deduct the costs and
expenses incurred thereby from the Rent and to recover the balance, if any,
after such deduction, from the Landlord. The Landlord shall in no case
withhold its consent to the making of any Leasehold Improvements to the
Premises by the Tenant because of the cost to it of compliance with all such
applicable r~uirements of any relevant Authority pertaining to asbestos
related to, or resulting from, such Leasehold Improvements.
The Landlord acknowledges that the Building has no friable material, as
indicated in Schedule "C" attached hereto.
Section 5.18
Additional Services
(a) If the Tenant requires any Additional Services to be performed in or
relating to the Premises, it shall so advise the Landlord in writing, and
the Landlord shall, as soon as reasonably possible, perform or provide
any such Additional Services. Provided however, the Landlord shall
not be required to provide such Additional Services, if to do so would:
(i) seriously interfere with the reasonable enjoyment of the other
tenants of their respective premises or the Common Areas and
Facilities;
(ii) jeopardize or impede the Landlord's financing of the Building
and/or Lands; or
(Hi) cause the Building or its services and Common Areas and
Facilities not to be of the Building standard.
(b) The Tenant shall pay for Additional Services. If the Tenant disputes
or contests the calculation of any cost or expense incurred by the
Landlord or on the Landlord's behalf in performing or providing such
Additional Services as set out in the Landlord's invoice therefor, it
shall notify the Landlord and the Landlord shall, upon receipt of such
notice, ,have its senior financial officer prepare a statement of
calculation with respect to such Additional Services which shall be
delivered to the Tenant within ten (10) days of the Tenant's request
therefor. Any further dispute shall be submitted to arbitration in
accordance with the provisions of the Arbitration Act, S. O. 1991, c.1?,
as amended, or any successor act.
Section 5.19
Consent and
Approval
That the Landlord and each Person acting for or on behalf of the Landlord
making a determination, designation, calculation, estimate, conversion or
allocation or in giving an approval or consent under this Lease, will act
reasonably, promptly and in good faith and each accountant, architect,
engineer or surveyor, or other professional Person employed or retained by
the Landlord will act in accordance with the applicable principles and
standards of that Person's profession.
Section 5.20
Waste Management
and Recycling
Program
To cooperate with the Tenant's waste management and recycling program,
pursuant to the provisions set out in Schedule "I" attached hereto. This
section shall not apply in the event that there is not a recycling program
within the municipality where the Building is located.
Section 5.21
Parking
To provide and maintain three (3) outdoor parking spaces (the "'arijJ1g
Spaces") designated for the exclusive use of the Tenant, its servan~ or .~1'lts,
located in the Parking Areas, the cost of which is included intb.~.~~nu
Rent. The Landlord agrees to enforce all rules and regulations relapng.to e
Parking Spaces and Parking Areas and to ensure that the Tenant ba$freeand
uninterrupted use thereof.
- 15 -
ARTICLE 6
PROVISOS
Section 6.1
Overholding
If the Tenant, with the consent of the Landlord, remains in possession of the
Premises after the date fixed for the expiration of the Term or any extension
thereof without any further written agreement, the Tenant shall be deemed to
be a tenant from month to month at. the monthly rental rate payable by the
Tenant during the last month of the Term of this Lease and on the terms and
conditions contained in this Lease except as to the length of the Term.
Section 6.2
Trade Fixtures
Furniture
(a) The Tenant may at any time during the Term, on termination, or any
extension thereof, remove or replace any Trade Fixtures installed by
or on its behalf in the Premises or install new Trade Fixtures therein.
(b) The Tenant will compensate the Landlord for any damage caused to the
Premises by the removal of Trade Fixtures.
(c) The Tenant shall have the continuous right during the Term or any
extension thereof to move in or out of the Premises any of its furniture,
personal effects, chattels and any business equipment.
Section 6.3
Signs
(a) The Tenant may erect such signs on the Premises and Lands in
accordance with the Building standard and in accordance with
municipal laws, as it considers necessary for the proper conduct of its
business.
(b) All such signs may be removed from the Premises at the end of the
Term or any extension thereof.
(c) The Tenant shall compensate the Landlord for any damage caused to
the Premises or Building, if applicable, by the removal of signs, save
and except that caused by local weather and ambient conditions.
(d) The Landlord shall provide adequate space on the directory of the
Building and that of each floor of the Premises and on any pylon sign
of the Building for the Tenant's signage requirements, which signage
may be required to be in both the English and French languages. The
Tenant shall 'provide the Landlord with the specifications of its signage
requirements before the Commencement Date, and from time to time,
as required by the Tenant.
Section 6.4
Unavoidable Delays
Notwithstanding anything in this Lease, if either party is bona fide delayed or
hindered in or prevented from the performance of any term, covenant, or act
required hereunder by reason of strikes or labour trouble; inability to procure
materials or services; power failure; restrictive governmental laws or
regulations; riots; insurrection; sabotage; rebellion; war; act of God; or other
reason whether of a like nature or not which is not the fault of the party
delayed in performing work or doing acts required under the terms of this
Lease (but excluding the inability to perform because of financial difficulties
or lack of funds), then the performance of that term, covenant or act is
excused for the period of the delay and the party delayed will be entitled to
perform the term, covenant or act within the appropriate time period after the
expiration of the period of 'the delay. If any of the events or problems
referred to in this Section 6.4 occur and either party contemplates that it will
be bona fide delayed or hindered in or prevented from the perform~eeLof
term, covenant or act required hereunder by reason thereof, SUC~i~~...~~
forthwith deliver written notice to the other, with full and detaile(i ~~ular.
setting out the nature of such event or problem and the period ipf the: d~y
contemplated by the party giving notice for the performance of an}'suchi~,
covenant or act required hereunder.>"
- 16-
Section 6.S
Right-of-Way
If the Premises are now or hereafter served by any alley, easement or
right-of-way, the Tenant, its servants, agents, employees, licensees and
invitees shall have full right of ingress and egress over such alley, easement
or right-of-way in common with all others entitled thereto.
Section 6.6
Common Parking
In the event that all or part of the Parking Areas are made available to the
tenants of the Building as part of the Common Areas and Facilities, then the
Tenant, its employees and invitees shall, in addition to the Parking Spaces,
be entitled to use the Parking Areas, or any portion thereof, in common with
the other tenants of the Building and others entitled to the use thereof.
Section 6.7
Early Occupancy
Section 6.8
Damage and
Destmction
INTENTIONALLY DELETED
If, at any time during the Term, the Building shall be damaged or destroyed,
either in whole or in part, by fire or other peril insured against by the
Landlord, then, and in every such event:
(a) If the damage or destruction to the Building is such that, in the opinion
of the Tenant's architect to be given to the Landlord within twenty (20)
days of the date of the occurrence of such damage or destruction (the
"Date of Damage"), the Premises are rendered partially unfit for
occupancy or impossible or unsafe for use or occupancy, then the Rent
shall abate as of the Date of Damage in proportion to the part of the
Premises which is rendered unfit for occupancy or impossible or unsafe
for use or occupancy, and Rent will not be payable again until such
time as the Premises and the Leasehold Improvements have been fully
restored by the Landlord to their condition as of the Commencement
Date.
(b) If the damage or destruction to the Building is such that, in the opinion
of the Tenant's architect to be given to the Landlord within twenty (20)
days of the Date of Damage, the Premises are rendered wholly unfit
for occupancy or impossible or unsafe for use or occupancy, or that
reasonable or convenient access is prevented thereto, and if, in either
event, the damage, in the opinion of the Tenant's architect to be given
to the Landlord within twenty (20) days of the Date of Damage, cannot
be repaired with reasonable diligence within one hundred and twenty
(120) days of the Date of Damage, then either the Landlord or the
Tenant may terminate this tenancy within twenty (20) days following
the date of the giving of the Tenant's architect's opinion, upon written
notice to the other party, in which event this Lease and the Term
hereby demised will cease and be at an end as of the date of such
damage or destruction and the Rent shall be apportioned and paid in
full to the Date of Damage.
(c) In the event that neither the Landlord nor the Tenant shall terminate
this Lease in accordance with the provisions of Subsection 6. 8(b) of
this Lease, then the Landlord shall repair the Premises, the Leasehold
Improvements and the Building with all reasonable speed and the Rent
hereby reserved shall abate from the Date of Damage until the date that
either the Premises and Leasehold Improvements are restored to their
condition as of the Commencement Date or reasonable and convenient
access is restored thereto.
(d) If the damage or destruction is such that, in the opinion of the Tenant's
architect to be given to the Landlord within twenty (20) df.\ys(of(.th~.
Date of Damage, the Premises are rendered wholly unfit fo~;~~~~y
or if it is impossible or unsafe to use and occupy the Premises,.. ~<l if,
in either event, the damage, in the opinion of the Tenant's/architec~to
be given within twenty (20) days from the Date of Dam~e, ~be
repaired with reasonable diligence within one hundred and tW~,~~l~g).
days of the Date of Damage, then the Rent shall abate from the Date
of Damage until the date the Premises and Leasehold Improv~1'Den.ts;p'e
restored to their condition as of the Commencement Date, provided that
- 17 -
the Landlord shall repair the Premises and the Leasehold Improvements
with all reasonable speed.
(e) The decision of the Tenant's architect as to the time within which the
damage or destruction to the Premises, the Leasehold Improvements or
the Building can or cannot be repaired, the extent of the damage, or the
state of tenantability of the Premises, as the case may be, shall be final
and binding upon the parties.
(t) Notwithstanding anything contained in this Section 6.8, if the Landlord
does not commence to repair or restore the Premises, the Leasehold
Improvements or the Building within fifteen (15) days of the date of
delivery of the Tenant's architect's opinion, or, having commenced the
repair or restoration of the Premises, the Leasehold Improvements or
the Building does not continue to complete same with reasonable
dispatch, the Tenant may terminate this Lease upon fifteen (15) days'
prior notice to the Landlord, in which case, this Lease and the Term
hereby demised shall cease and be at an end as of the date of such
damage or destruction and the Rent shall be apportioned and paid in
full to the date of such damage or destruction.
Section 6.9
Leasehold
Improvements by
Landlord at request
of Tenant
If so requested by the Tenant, the Landlord agrees to undertake the
installation of the Tenant's Leasehold Improvements during the Term or any
extension thereof, pursuant to the provisions of Schedule ilL" attached hereto.
Section 6.10
Removal of
Leasehold
Improvements
The Tenant may, but shall not be required to, at any time during the Term,
on termination or on any extension thereof, at its sole option, remove or
replace any Leasehold Improvements or alterations made or installed in the
Premises by it, or by the'Landlord pursuant to Schedule "L" attached hereto.
Section 6.11
Re-Entry
If the Rent hereby reserved, or any part thereof, shall be in arrears or if the
Tenant shall make default in the observance or performance of any of the
Tenant's covenants or agreements contained in this Lease and such arrears or
default shall continue for a period of fourteen (14) days, then the Landlord
may give the Tenant notice requiring the Tenant to pay the arrears or remedy
the default within thirty (30) days of receipt of notice or such longer period
as is reasonably required under the circumstances. If the Tenant fails to pay
the arrears or to commence to remedy the default within such period, the
Landlord may, in addition to any other remedies the Landlord may have,
either in this Lease or at law, re-enter the Premises and the Term hereby
granted shall thereupon be terminated.
Section 6.12
Landlord's Default
If the Landlord defaults in the observance or performance of any of its
covenants or agreements contained in this Lease, the Tenant may, at its option
and upon such reasonable notice as the circumstances warrant, remedy such
default and deduct the reasonable cost of such action from the Rent payable
under this Lease.
Section 6.13
Option to Extend
(a) The Tenant shall be entitled to extend this Lease for one (1) further
term of five (5) years. This extension shall be upon the same terms
and conditions of this Lease except that there shall be no further right
of extension and except for the Base Rent, which shall for each
extension term be based upon: (1) the Rentable Area of the Premises;
and (2) the Market Rental as of the date which is six (6) mOQ~sprior
to the commencement of the extension term. The Base Rent h
extension term shall be determined by mutual agreement a$ 0
which is six (6) months prior to the expiry of the Term, orifailin#s~h
agreement, by arbitration in accordance with Section 6..14 of this
Lease.
(b) The Tenant shall give written notice to the Landlord of its $xtep$ipniof
this Lease atleast six (6) months prior to the end of the Term.
- 18 -
Section 6.14
Arbitration
If the parties are unable to agree upon the Base Rent to be charged during the
extension term provided for in this Lease, they shall submit the dispute to
arbitration in accordance with the provisions of the Arbitration Act, S. O.
1991, c.17, as amended, or any successor act. Each party shall appoint an
arbitrator and the appointed arbitrators shall jointly choose a third arbitrator
to create a board of three arbitrators, the majority decision of which shall be
binding upon the parties. If either party shall refuse to appoint an arbitrator
within thirty (30) days of being served with written notice of arbitration by
the other party, then the arbitrator first appointed shall, at the request of the
party appointing him, proceed to determine the Base Rent as if he were a
single arbitrator appointed by both parties. In such cases the single arbitrator
shall receive and consider written or oral submissions from both parties. If
two arbitrators are appointed and they fail, within ten (10) days of the
appointment of the second of them, to agree upon the appointment of the third
arbitrator, then upon the application of either party the third arbitrator shall
be appointed by a Judge of the Ontario Court (General Division). Each party
shall pay the fees and expenses of the arbitrator appointed by it and one-half
of the fees and expenses of the third arbitrator.
Section 6.15
Non-Waiver
No condoning, excusing or overlooking by the landlord or Tenant of any
default, breach or non-observance by the Tenant or the landlord at any time
or times in respect of any covenant, proviso or condition herein contained
shall operate as a waiver of the landlord's or the Tenant's rights hereunder
in respect of any continuing or subsequent default, breach or non-observance,
or so as to defeat or affect in' any way the rights of the landlord or the
Tenant herein in respect of any such continuing or subsequent default or
breach, and no waiver shall be inferred from or implied by anything done or
omitted by the landlord or the Tenant save only an express waiver in
writing.
Section 6.16
Non-Disturbance
Agreement
The landlord shall obtain, at any time during the Term, upon written request
of the Tenant and at the landlord's sole cost and expense, a non-disturbance
agreement in the form attached hereto as Schedule "N" from every head
landlord, mortgagee or other encumbrancer of the lands.
Section 6.17
Notices
Any notice required or contemplated by any provision of this Lease shall be
given in writing enclosed in a sealed envelope addressed in the case of notice
to the landlord to the address set out in Paragraph (t) of the Summary and
in the case of notice to the Tenant to the address set out in Paragraph (g) of
the Summary; and delivered personally or by facsimile or mailed by either
registered or signature mail and postage prepaid. The time of giving of notice
by either registered or signature mail shall be conclusively deemed to be the
third Business Day after the day of such mailing. Such notice, if personally
delivered or if delivered by facsimile, shall be conclusively deemed to have
been given and received at the time of such delivery.
Section 6.18
Entire Agreement
The Tenant and the landlord acknowledge, that there are no covenants,
representations, warranties, agreements or conditions, expressed or implied,
collateral or otherwise, forming part of or in any way affecting or relating to
this Lease save as expressly set out in this Lease and that this Lease and the
Schedules hereto constitute the entire agreement between the landlord and the
Tenant and may not be modified except as herein explicitly provided or except
by subsequent agreement in writing of equal formality hereto exec9~byth~
Landlord and the Tenant Schedules "A" "B" "C" "0" "E":"P" "G"
. "" ........~...:':..~....... ......(../~
"H", "I", "JtI, tlK", "L", "M", "N" and "0", which are attaCheatoidii$i
Lease, form part of this Lease.
Section 6.19
Registration
The Tenant may, at its option, register this Lease or a Notice of. tI11s,~
in the applicable land Registry or land Titles Office and the Landlord\Vill
- 19 -
cooperate with the Tenant to facilitate the registration and execute all
documentation required for such purpose.
Section 6.20
Severability
The Landlord and the Tenant agree that all of the provisions of this Lease are
to be construed as covenants and agreements as though the words importing
such covenants and agreements were used in each separate paragraph hereof.
Should any provision or provisions of this Lease be illegal or not enforceable,
it or they shall be considered separate and severable from this Lease and its
remaining provisions shall remain in force and be binding upon the parties
hereto as though the said provision or provisions had never been included.
Section 6.21
Interpretation
The words II herein " , "hereof", II hereby II , "hen;under", "hereto",
"hereinafter", and similar expressions refer to this Lease and not to any
particular paragraphs section or other portion thereof, unless there is
something in the sU9ject matter or context inconsistent therewith. In no event
shall this Lease be interpreted as a net lease and the Tenant shall only be
responsible for costs and expenses specifically set out herein.
Section 6.22
Headings and
Captions
The headings in this Lease have been inserted as a matter of convenience and
for reference only and in no way define, limit or enlarge the scope of
meaning ,of this Lease nor any of the provisions hereof.
Section 6.23
Effect of Lease
This Lease and everything herein contained shall operate to the benefit of any
and be binding upon the respective successors, assigns and other legal
representatives, as the case may be, of each of the parties hereto subject to the
granting of consent by the Landlord as provided herein to any assignment or
sublease, and subject to the provisions of Section 6.24 of this Lease, every
reference herein to any party hereto shall include the successors, assigns and
other legal representatives of such party.
Section 6.24
Survival of
Agreement
Neither the execution of this Lease nor the occupancy of the Premises by the
Tenant waives the obligations of the Landlord or the Tenant to comply fully
with and to perform the terms, covenants and conditions of the Agreement to
Lease. The provisions of the Agreement to Lease shall survive until waived
expressly, are performed, or are otherwise satisfied. Any waiver by either
the Landlord or Tenant of a condition or the performance of any obligation
of either of them under the Agreement to Lease shall be effective only if in
writing.
In the event of a conflict between the provisions of the Agreement to Lease
and those of this Lease, such provisions of this Lease shall prevail.
Section 6.25
Binding on Tenant
This Lease shall not be binding upon the Tenant until it has been executed by
or on behalf of the Chair of the Management Board of Cabinet.
Section 6.26
Governing Law
This Lease shall be governed by and construed in accordance with the laws
of Ontario.
Section 6.27
Tim~ of Essence
Time sh~l be of the essence hereof.
- 20-
Section 6.28
Freedom of
Information
The Landlord acknowledges, agrees and consents to the release by the Tenant
of this Lease and any information contained herein.
IN WITNESS WHEREOF the parties hereto have executed this Lease.
SIGNED, SEALED & DELIVERED
- 21 -
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THE CORPORA TION OF THE
MUNICIPALITY OF CLARINGTON
Per:
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO AS REPRESENTED BY THE
CHAIR OF THE MANAGEMENT BOARD
OF CABINET
Per: ~C(
W. Stephen Gray .
Manager, East and North Region
Leasing Services Branch
Authorized Signing Officer
SClIEDULE "A"
LEGAL DESCRIPTION OF THE LANDS
,
,
..
\.
,
ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being
in the Municipality of Clarington, in the Regional Municipality of Durham (formerly in the
Town of Bowmanville, in the County of Durham), and Province of Ontario, being composed of
Lots 159, 160, 161 and 162 in Block "Q" according to a plan of the Village of Bowmanville by
John Grant, P.L.S., registered in the Registry Office for the Registry Division of the West
Riding of the County of Durham on' April 20, 1852, the boundaries of the said parcel being
described as follows:
PREMISING that the bearings are astronomic, derived from observation on polaris and referred
to the meridian through the southeasterly comer of Lot 162, Block "Q", according to the said
plan by John Grant, P.L.S., and relating all bearings herein thereto;
"-
"
COMMENCING at the southeasterly comer of the said Lot 162;
THENCE north 170 55' 40" east along the southeasterly limit of the said Lot 162, 163.75 feet
to the northeasterly comer of the said Lot 162;
THENCE north 710 42' 20" west along the northeasterly limit of the said Lots 162, 161, 160
and 159, 259.77 feet to the northwesterly comer of the said Lot 159;
THENCE south 19009' 30" west along the northwesterly limit of the said Lot 159, 164.08 feet
to the southwesterly comer of the said Lot 159;
THENCE south 710 47' 20" east along the northeasterly limit of Church Street as shown on the
said plan by John Grant, P.L.S., 263.19 feet to the point of commencement;
and as shown on Ontario Department of Public Works Plan of Survey Number
404-201 L.
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SCHEDULE "c"
NOTIFICATION OF TIlE PRESENCE OF
FRIABLE MATERIAL CONTAINING ASBESTOS
IN BUILDINGS CONTAINING PREMISES LEASED BY THE
CHAIR OF TIlE MANAGEMENT BOARD OF CABINET
RE: REGULATION RESPECTING ASBESTOS ON CONSTRUCTION
PROJECTS AND IN BUILDING AND REPAIR OPERATIONS
MADE UNDER THE OCCUPATIONAL HEALTH AND SAFETY
ACT. ONTARIO REGULATION 654/85
LOCATION: A portion of the Ground Floor
132 Church Street
Bowmanville, Ontario
LIC IT5
LEASE NO: L-5142
[
]
There is friable material in the Building. "Friable material" means
material that when dry can be crumbled, pulverized or powdered by hand
pressure and includes such material that is crumbled, pulverized or
powdered.
[
]
The friable material contains asbestos.
[
]
The friable material does not contain asbestos.
[
o
There is no friable material in the Building.
Location(s) of Asbestos within the Buildioa:
Types of Asbestos
Notification prepared by:
Date:
1. In this Schedule:
SCHEDULE "D"
OPERATING COSTS
(YEAR END)
(a) "Operating Costs" means:
(1) subject to the provisions contained in the remainder of this Lease, the
costs of the Landlord, without duplication or profit, for operating,
maintaining, repairing and insuring the Building and Lands, including the
following:
(A)
(B)
(C)
(0)
(E)
(F)
(G)
(H)
(I)
(1)
(K)
cleaning and janitorial expenses for the Building including
washroom, cleaning supplies, contractors and window cleaning (for
all parts of the Building);
the cost of collection and removal of garbage and waste;
landscaping and maintenance of all outside or enclosed areas,
including snow and ice removal;
the cost of light fixtures maintenance and fluorescent tube, light
bulb and ballast replacement, save and except the replacement of
such ballasts that have been affected by the presence of PCBs, and
in such instance or instances, the cost of such replacement
(including labour and installation) shall be at the Landlord's sole
expense, and shall not be included in the calculation of Operating
Costs;
Building security expenses and policing, supervision, and security;
operation, maintenance and repairs in respect of any elevators,
escalators and motorized equipment within the Building;
communications, sound and visual systems;
all Utilities supplied to the Building including hot and cold water,
gas, electricity and sewer charges, net of recoveries;
all insurance which the Landlord is obliged to obtain under the
Lease;
(L)
consultants~ fees directly related to the reduction or control of
increases in Operating Costs of the Building and accountants' fees
incurred in compliance with the provisions of the Lease;
rental of cleaning equipment, snow removal equipment, trucks,
maintenance equipment and tools;.
reasonable salary of the on-site manager where his/her entire
duties relate to the management of the Building (or are
proportionally based on the time spent there), plus the cost of other
on-site support staff working only on the business of managing the
Building (excluding officers, secretarial, clerical and accounting
staff of the Landlord); and
a management fee not to exceed twelve per cent (12 %) of theCo$ts
referred to in subparagraphs (A) to (L) inclusive hereo~ but
excluding those amounts received by the Landlord for Sales Taxes
in respect of the costs referred to in subparagraphs (A) to:~)
inclusive hereof, Additional Services, and any administration~
management and supervision fee charged to tenants in respect..of
construction or work on their respective premises in the Buildin.g.
(M)
(2) Operating Costs shall be reduced by the following to the extent otherwise
included in Operating Costs and to the extent actually received by the
Landlord:
(A) proceeds of insurance and damages paid by third parties or the
amount that would have been received had the Landlord
maintained all insurance policies required to be maintained by it
pursuant to the terms and conditions of this Lease;
(B) repairs or replacements to the extent that the cost of the same is
recovered by the Landlord pursuant to original construction and/or
equipment warranties;
(C) amounts recovered from tenants on account of any Additional
Services provided to them by the Landlord in addition to those
generally available to all tenants of the Building; and,
(0) any cost savings due to more efficient use of energy within the
Building.
(3) Operating Costs shall exclude the following:
(A) wages, salaries and payroll costs of anyone not doing work
associated with maintaining, repairing and cleaning the Building
and the Lands;
(B) any cost of original planting of trees, flowers and foliage, or grass,
or preparation of feature areas;
(C) (i)
any cost of major resurfacing (as opposed to sealing
and patching) of any part of the Parking Areas;
(ii) any costs of additional curbing to the original
Parking Areas, or the cost of improving the original
quality of the Parking Area materials; and
(iii) any costs of new Parking Areas, signing or traffic
control equipment;
(0) any costs of repairs to any part of the Parking Areas caused by
structural problems or poor original construction;
(E) (i)
any capital costs of the equipment for the Building;
any major replacement of parts which materially
extend the life of the elevators or Mechanical and
Electrical Services, including the boiler;
(F) costs for any repair and/or replacements to the Structure;
(G) the costs of rental of equipment which would normally be part of
the capital costs associated with construction of the Building (e.g.
fire monitoring systems);
(ii)
(H) market research and legal fees;
(I) any Rent imputed by the Landlord to any part of the Building
including, but not limited to, any Rent imputed to a Building
management office, boiler room, sprinkler room, service ~,
equipment area or other Building area or facility, or deprecUj,tiflt
of office furniture and equipment;
(1) Landlord's Taxes, including, but not limited to, any income taxes,
corporation taxes, capital taxes, Commercial Concentration Tax,
business taxes (other than those business taxes payable byttle
Tenant, if any) or any other similar taxes imposed or levied byahy
Authority whatsoever, and any penalties relating to the late
payment of Landlord's Taxes;
(K) all fines, suits, claims, demands, actions, costs, charges and
expenses of any kind or nature for which the Landlord is or may
become liable by reason of any neglect or wilful act or omission
on the part, of the Landlord or those for whom it is in law
responsible, or by reason of any breach, violation or
non-performance by the Landlord of any of the covenants, terms
or provisions contained in the Lease;
(L) costs or expenses incurred in rebuilding or replacing the Structure
of the Building or the Premises or in constructing or renovating
any part of the Building;
(M) costs or expenses incurred in the repair of defects in the
construction of any part of the Building;
(N) costs or expenses arising from the negligence of any Person;
(0) costs or expenses incurred to satisfy the requirements of any other
tenant;
(P) costs or expenses to the extent that such costs or expenses are
attributable to any other leasable premises or to any area, facility,
utility, improvement, equipment or installation forming a part of
the Building but not generally and usually enjoyed by the Tenant,
its employees and invitees;
(Q) costs or expenses with respect to which proceeds of any insurance
maintained by the Landlord are paid to the Landlord or any
mortgagee, or debenture or bondholder;
(R) costs or expenses incurred with respect to any matter for which the
Landlord has agreed to indemnify and save the Tenant harmless;
(S) original acquisition and construction costs or expenses;
(T) ground rent; ,
(U) depreciation, amortization and interest on and capital retirement on
debt or other financing with respect to the Building and the Lands;
(V) any costs or expenses incurred by the Landlord as a result of any
default of other tenants in the Building;
(W) any costs or expenses incurred to satisfy the renewal or extension
requirements of the Tenant undertaken by the Landlord; and
(X) any costs or expenses relating to the existence or to the cleanup
and/or decommission of the Lands and the Building from the
presence of any Environmental Contaminant, or as a result of any
spill of any Environmental Contaminant on or in any part of the
Building or Lands.
2. Operating Costs are to be determined in accordance with generally accepted accounting
principles consistently applied unless otherwise noted within the definition of Operating
Costs.
3. INTENTIONALLY DELETED
4. Within ninety (90) days after the end of each Cost Period, commencing at the end
first Cost Period, the Landlord shall deliver to the Tenant a statement in the form
in Schedule "F" attached to the Lease (the "Statement"), which shall be reported
a professional public accountant. Such report of the accountant shall be in the
set out in Schedule "E" attached to the Lease and shall also contain the
summary and calculations:
(a) the Operating Costs incurred during the Cost Period;
(b) the Escalation or De-escalation for the relevant Cost Period; and
(c) the amount, if any, payable by the Tenant to the Landlord or from the Landlord
to the Tenant, as the case may be, under Paragraphs 7 and 8 hereof.
In the event that the Landlord fails to deliver the Statement to the Tenant within nine (9)
months from the end of a Cost Period, the Tenant shall not be responsible for the
payment of any amount under Paragraph 8 for that Cost Period.
5. The Tenant shall have the right to dispute the Statement, reports and Operating Costs
referred to therein.
6. The Landlord will maintain full records of all Operating Costs together with all proper
tender calls, quotations, contracts, correspondence, invoices, receipts and vouchers
relating to such Operating Costs and will make them available for audit and inspection
by the Tenant at no cost to the Tenant and will allow the Tenant to make copies and take
extracts therefrom and at no cost to the Tenant will furnish to the Tenant any information
which may reasonably be required from time to time in connection with such records.
7. If there is De-escalation for a Cost Period, the Landlord shall pay to the Tenant, within
sixty (60) days after receipt of the Statement in respect of the Cost Period, or upon
conclusion of any arbitration of a dispute with respect to Operating Costs, the De-
escalation. If the Tenant does not receive such sum as aforesaid, the Tenant shall have
the right to offset such sum as against the Rent.
8. If there is Escalation for a Cost Period, the Tenant shall pay to the Landlord, within sixty
(60) days after receipt of the Statement for the Cost Period or upon conclusion of any
arbitration of a dispute with respect to Operating Costs, the Escalation..
9. In the event of any dispute with respect to the nature or amount of Operating Costs, the
matter in dispute will be referred to and determined by arbitration, in which case, the
payment by the Tenant to the Landlord of any disputed amount will be made following
the conclusion of arbitration proceedings. The arbitration of any dispute referred to in
this Schedule "D" shall be conducted by a single arbitrator in accordance with the
provisions of the Arbitration Act, S.O. 1991, c.17, as amended, or any successor act.
...
SCHEDULE "E"
LANDLORD'S REPORT ON STATEMENT OF OPERATING COSTS
In accordance with the terms and conditions of the Lease dated September 1,
1993, between The Corporation of the Municipality of Clarington (Landlord) and Her Majesty
the Queen in right of Ontario as represented by the Chair of the Management Board of Cabinet
(Tenant) for the leasing of the Premises described in the Lease L-5142, we have prepared a
Statement of Operating Costs for the year ending , 19_ as required to
be provided by the Landlord to the Tenant in such form as required pursuant to Paragraph 4 of
Schedule "D" attached to the Lease.
This Statement of Operating Costs has been prepared in all material respects, in
accordance with generally accepted accounting principles and with the terms and conditions of
the Lease L-5142.
Signature of a Professional Public Accountant
City and Date
...
SCHEDULE "F"
STATEMENT OF OPERATING COSTS
OPERATING EXPENSES for the year ending
Landlord's Name
The Corporation of the Municipality of Clarington
Building Location
A portion of the Ground Floor
132 Church Street
Bowmanville, Ontario
LIC ITS
L-5142
MBS Lease No.
A.
Cleaning Expenses
Payroll, Benefits
Contract Services
Supplies and Materials
Trash Removal
Other
Total Cleanine
B.
Repairs/Maintenance
Payroll, Benefits
Elevator Contracts/Materials
HV AC Contracts/Materials
Electrical Contracts/Materials
Plumbing
Fire and Life Safety
Other
Total Re.pairs/Maintenance
C.
Utilities
Electricity
Gas
Fuel Oil
Water
Sewer
Total Utilities
D.
Roads/Grounds/Security
RIG Payroll, Benefits
RIG Contract Services
Other
Security Payroll, Taxes, Benefits
Security Contract Services
Other
Total Roads/Grounds/Security
$0.00
0.00
0.00
0.00
0.00
$0.00
$0.00
0.00
0.00
0.00
0.00
0.00
$0.00
$0.00
0.00
0.00
0.00
0.00
$0.00
0.00
0.00
$0.00
'.
E.
Administrative
Payroll, Benefits
Management Fees
Professional Fees
General Office Expense
Other
Total Administrative
$0.00
0.00
0.00
0.00
0.00
$0.00
F.
Parkine Qperations
(If no separate agreement has been entered into between the Landlord and the Tenant for
Parking)
Total Parking Operations
$0.00
0.00
$0.00
Cleaning
Maintenance
TOTAL (A-F I~CLUSIVE)
$0.00
G.
Building Insurance
$0.00
Total Building Insurance
$0.00
TOTAL (A-G INCLUSIVE)
$0.00
'.
SCHEDULE "G"
ELECTRICAL REQUIREMENTS
Electrical requirements shall be provided to meet standards outlined in Section 5.3 of the Lease
and as follows:
1. Electrical Power
1.1 Distribution system and utilization voltages must be 600 volts, 3 phase, 4 wire or
208/120 volts, 3 phase, 4 wire and available within the Building for mechanical
equipment.
1.2 Emergency power including supply for exit lighting, stairwell lighting, fire alarm
and other systems to be in accordance with all relevant legislation, codes and
regulations.
1.3 Powered electrical panelboards with a minimum capacity of 42 circuits, each ready
for feeds on each floor with the capacity to provide 120 volt dedicated circuits.
1.4 Landlord to supply, in addition to the lighting system, 44 watts of power per
rentable square metre at the panelboards for the Tenant's use. Each transformer
supplying a panelboard to which desktop computers' are to be connected, shall be
derated to 70% of its nameplate rating exclusive of any allowance for future loads,
to allow for harmonic currents. The neutral conductors of the feeders from the
transformer to the panelboards shall have twice the current rating of the phase
conductors.
1.5 Special grounding for computer or other electronic equipment is not required unless
specifically described elsewhere in the Lease or the Agreement to Lease.
1.6 All existing wiring within the Premises shall be removed back to the panelboards.
1.7 Each floor or part floor of the Premises shall be equipped with local switches for
lighting control.
2. Levels of Dlumination
The levels of illumination shall be in accordance with IES recommendations and the listed
levels below shall represent the minimum average maintained conditions and in the case of
office and working space shall be:
Arm
Office spaCe without VDT (Visual
Data Terminals) use, reading tasks
Office space with VDT use*
(provide local task lighting to
provide minimum 500 lux where
reading tasks performed)
Level (in Lux)
500 (at desktop)
300 (at desktop)
Covered parking
200 (at floor)
100 (at floor)
50 (at pavement)
100 (at entrance)
10 (at pavement)
Lobbies, storage, washrooms
Circulation areas, stairs
Exterior parking
* Provide VDT area lighting in accordance with IES recommendations as to ceiling
brightness as well as lighting level.
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SCHEDULE "H"
HV AC SYSTEM
1. The Landlord shall keep all parts of the Premises heated with artificial heat to a proper
and reasonable temperature and provide air-conditioning, ventilation, and humidification
in accordance with the following standards.
1.1 Heating shall maintain an indoor temperature of 22 degrees Celsius + 1 degree Celsius
temperature of 22 dry bulb.
1.2 The air-conditioning system shall maintain an indoor temperature of not more than 24
degrees Celsius dry bulb with a 2 degrees Celsius upswing in the summer with outside
peak design temperatures as indicated ih "Climate Information for Building Design in
Canada 1975" (Supplement No.1 of the National Building Code of Canada).
1.3 The ventilation system shall supply a minimum of 10.0 litres per second of outside air
per 10.0 square metres of net floor area at all outside conditions. (Based on 100 square
feet floor area per person and 20 cfm per person fresh air for office spaces as per
ASHRAE standard 62-1989).
1.4 The humidification system shall maintain a minimum of 20% relative humidity at
outside conditions below minus 5 degrees Celsius, and a minimum of 25 % relative
humidity at outside conditions above minus 5 degrees Celsius. The Building envelope
must contain a suitable vapour barrier when humidification is required.
1.5 The carbon dioxide concentration shall not exceed 800 PPM at all locations.
1.6 The Landlord shall ensure that all control settings are checked prior to the beginning
of each Business Day and after any temporary office closure periods such as weekends
or statutory holidays, to ensure that proper environmental conditions are met.
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SCHEDULE "I"
WASTE MANAGEMENT AND RECYCLING PROGRAM
The Government of Ontario Recycling Program is as follows:
1. Waste in premises leased by the Tenant will be separated by employees of the Occupant
Ministry into five (5) categories (herein referred to as "Source Separated Recyclable
Materials") :
1.1 Fine Paper
1.2 Newspaper
1.3 Glass and metal, and food and beverage containers
1.4 Disposable Waste
1.5 Cardboard
Note: The number of categories may be increased or materials within categories changed.
2. The Tenant will provide the following equipment to assist the Landlord in the collection
of Source Separated Recyclable Materials:
2.1 Desk-top collection containers to be placed on each individual's desk, and to be
emptied by the Tenant.
2.2 Metal floor bins for the central collection of newspapers and fine papers.
2.3 Reusable burlap bags to line the metal floor bins.
2.4 Blue boxes for the collection of glass and metal food and beverage containers.
3. Source separation will be carried out by employees of the Occupant Ministry in the
following manner:
3.1 Collecting of fine paper in desktop containers.
3.2 Depositing fine paper in strategically located floor containers marked "The Paper
Saver" .
3.3 Depositing newspapers in strategically located floor containers marked "The
Newspaper Saver".
3.4 Depositing glass, and metal, food and beverage containers into strategically
located "Blue Box II containers.
3.5 Depositing all other waste into existing waste bins at each work station.
4. All 5 categories listed in Section 1 hereof will be collected in accordance with existing
housekeeping and maintenance routines (Le. containers dumped daily by cleaning staff).
The five (5) categories will be kept separate and distinct in the Landlord's holding area
for pickup of recyclables. The Landlord agrees to collect, store and remove all Source
Separated Recyclable Materials from the Premises on a regular basis, and as required
for the purposes of recycling.
5. The remaining waste, as described in Category 1.4 of Section 1, will be handled in the
usual manner for the Premises and Building.
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SCHEDULE "J"
CONSERVATION OF ENERGY AND WATER
In view of the Tenant's policy of conservation of energy and water, the Landlord covenants to
adhere under the Lease, wherever possible, to the following procedures;
1. Liehtin~
Energy consumed for lighting shall be reduced by removing non-essential lamps and fixtures
and by applying non-uniform lighting standards to existing lighting systems. During working
hours, overhead nominal levels in lux shall be:
1.1 Service area bf public areas
1.2 Circulation areas within office space,
but not at workstations or comparable space
1.3 Normal office work, reading, writing, etc.
or comparable task
150
300
500
Reduction in overhead lighting shall be accomplished with minimum deviation from the
specified levels. Where the "heat of light II technology is used, consideration shall be given to
the additional cost and energy requirements of an alternative source of heat. Off-hour and
exterior lighting shall be eliminated, except where it is essential for safety, security or heating
of purposes.
2. Heating and Cooline
Energy consumed for heating and cooling shall be reduced:
2.1 During the heating season, temperature control devices for general office space shall
be to maintain 70-72 degrees Fahrenheit (21-22 degrees Celsius) during working hours
and not more than 65 degrees Fahrenheit (18 degrees Celsius) during non-working
hours. Temperatures in warehouses and similar space shall be adjusted lower than the
65-68 degrees Fahrenheit (18-20 degrees Celsius) depending on the type of occupancy
and activity in the space.
2.2 During the cooling season, temperature control devices for general office space shall
be set to maintain 76-78 degrees Fahrenheit (24-26 degrees Celsius) during working
hours and up to 86 degrees Fahrenheit (30 degrees Celsius) during non-working hours.
3. Water
3.1 Landscape Architectural Considerations:
3.1.1 . Use drought-tolerant plants when designing the landscape.
3.1.2 Consider sub-surface drip irrigation systems.
3.1.3 Where feasible, store rain water in settling ponds to be used for irrigation.
3.1.4 Avoid, where feasible, creating large paved areas around buildings.
3.2 Mechanical Considerations:
3.2.1 Use reduced flow rate type plumbing fixtures (Max 0.189 L/sec.(3 US-GPM) per
shower head).
3.2.2 Consider utilizing metering type valves, to limit duration of water flow in
3.2.3 Use low flow water closets with not more than 13 litres per flush.
4. Cleaning (where cleaning is carried out under direction of the Landlord)
The Landlord shall ensure that all office lights in the Building are switched off promptly .",t
6:00 p.m. each night except on portions of floors where employees of the Occupant Ministry,
other tenants of the Building or cleaning staff are working. Office lights are to be switched
off on the floors or portion of a floor as cleaning is completed. Cleaning to be scheduled in
such a manner as to optimize the energy saving for heating, cooling and lighting.
"
SCHEDULE "K"
SHOULD TENANT UNDERTAKE TENANT'S IMPROVEMENTS
The Landlord does hereby grant permission to the Tenant to tender for and to undertake and to
complete any Leasehold Improvements to be effected within the Premises both prior to
commencement and during the Termor any extension thereof, provided such Leasehold
Improvements do not affect the Structure and that where such Leasehold Improvements may
affect the Mechanical and Electrical Services, the Tenant agrees to use the Landlord's
professional engineers as consultants if so required by the Landlord. The Tenant will give the
Landlord written notice of its intention to make Leasehold Improvements and upon request shall
supply the Landlord with plans of the proposed Leasehold Improvements. The Tenant will
obtain the prior written approval of the Landlord for any Leasehold Improvements, which
approval will not be unreasonably withheld. The Landlord will co-operate with the Tenant's
contractors and if required, provide the Tenant with existing professionally prepared plans of the
Structure and Mechanical and Electrical Services.
There will be no requirement, on the part of the Tenant, with respect to union or, non-union
affIliations of the employees of the Tenant's chosen contractor.
This permission is granted on the condition that the Tenant use the services of the Landlord's
consultant for any Leasehold Improvements which affect the Mechanical and Electrical Services.
Present consultant is:
Name:
Address:
Attn:
Telephone:
Fax:
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SCHEDULE "L"
SHOULD THE LANDWRD UNDERTAKE TENANT'S IMPROVEMENTS
If so requested by the Tenant, the Landlord agrees, at no additional charge to the Tenant
whatsoever, to assume the responsibility for coordinating the construction of the Tenant's
Leasehold Improvements based on plans to be supplied by the Tenant or to be prepared by the
Landlord under the supervision of the Tenant. In undertaking this responsibility, the Landlord
agrees to obtain a minimum of five (5) competitive quotations from contractors, two (2) of which
may, at the option of the Tenant, be nominated by the Tenant, and in doing so shall include a
statement in the request for quotations from potential contractors that the lowest quotation will
not necessarily be accepted. Such quotations will be obtained in a manner prescribed by the
Tenant and will provide a breakdown of major component costs to the extent considered
necessary by the Landlord and the Tenant for purposes of evaluation.
When the Landlord undertakes to coordinate the construction of the Leasehold Improvements
at the request of and on behalf of the Tenant, and where such work is paid for by the Tenant
exclusive of any agreed upon rental payment, such work will be considered an item of "public
work" and will be subject to the provisions of the Construction Lien Act, R.S.O. 1990, c.C.30,
as amended, or any successor act.
Upon completion of an item of "public work" on behalf of the Tenant, the Landlord agrees to
provide:
(a) A Workers' Compensation Board Certificate of good standing; and
(b) A Management Board Secretariat Statutory Declaration form (MBS 2608), duly
completed and notarized.
Final payment for the item of "public work" by the Tenant will be held pending receipt of these
documents.
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SCHEDULE"M"
COMMUNICATIONS SYSTEMS
1. The Building shall have in place an adequate telephone conduit riser and space for the
installation of a telephone system similar to P ABX or SL- 5, requiring a minimum of 2" conduits.
2. The Landlord shall provide a communications room on each floor, complete with 19.2 mm
thick plywood backboard and one duplex reaeptacle on a dedicated circuit.
"
SCHEDULE "N"
NON-DISTURBANCE AND ATTORNMENT AGREEMENT
FILE #L-5142
THIS AGREEMENT made as of the first day of September, 1993.
BETWEEN:
(the "Mortgagee")
OF THE FIRST PART
- and -
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS
REPRESENTED BY THE CHAIR OF THE MANAGEMENT BOARD
OF CABINET
(the "Minister")
OF THE SECOND PART
WHEREAS:
A. The Corporation of the Municipality of Clarington (the "Landlord") is the owner of certain
lands and premises situate in the Municipality of Clarington, in the Regional Municipality of
Durham, more particularly described in Schedule "A" attached hereto (the "Lands") and has
granted a Charge/Mortgage of Land thereon to the Mortgagee (the "Mortgage") which was
registered on the day of , 19 in the Land Registry Office for the Registry Division of
Durham (#40).as Instrument Number
B. The Minister is the tenant under an offer to lease submitted by the Landlord, as landlord,
on Apri119th, 1994 and accepted by the Minister, as tenant, on May 30, 1994 (the II Agreement
to Lease"), pursuant to which the Landlord leased to the Tenant certain premises in the building
(the "Building") located on the Lands being Ground Floor floor thereof more particularly
described and shown in the Agreement to Lease (the "Premises") for a term (the "Term") and
on and subject to the conditions set forth therein, a copy of which has been delivered to the,
Mortgagee.
C. The Agreement to Lease provides that the Landlord and the Minister, as tenant, shall enter
into a lease in the form attached to the Agreement to Lease (the "Lease").
D. The Mortgagee and the Minister desire to confIrm their agreement with respect to the
Mortgage, the Agreement to Lease and the Lease.
NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained,
and intending to be legally bound, the Mortgagee and the Minister hereby agree and covenant
as follows:
1. The Mortgagee represents and warrants to the Minister that the Mortgage is unamended, ill
full force and effect and in good standing as at the date of this Agreement and there is no def.ult
thereunder.
2. The Minister represents and warrants to the Mortgagee that the Agreement to Lea$e is
unamended, in full force and effect and in good standing as at the date of this Agreementand
that the Landlord and the Minister are not in default thereunder.
3. The Minister hereby agrees that the Agreement to Lease and the Lease are now, and shall
at all times continue to be, subject and subordinate in every respect to the Mortgage and to all
renewals, modifications, consolidations, replacements and extensions thereof and agrees that if,
and for so long as the Mortgagee becomes a mortgagee in possession or realizes on its security
"
by entering into ownership, possession or control of the Building and the Lands (together the
"Project"), it shall attorn to the Mortgagee as a tenant upon the terms of the Agreement to Lease
and the Lease. The Mortgagee hereby agrees with the Minister that for so long. as the Minister
is not in default under either of the Agreement to Lease or the Lease beyond the period of time
thereunder permitted for rectification of the default:
(a)
the Minister's possession of the Premises and the Minister's rights and privileges under
the Agreement to Lease and the Lease, or any extensions or renewals thereof which may
be effected in accordance with any option therefor in the Agreement to Lease and the
Lease, shall not be diminished or interfered with by the Mortgagee other than in the
lawful exercise of the Landlord's covenants and rights contained in the Agreement to
Lease and the Lease; and
all of the Minister's rights and privileges under the Agreement to Lease and the Lease,
including, without limitation, its rights of possession of the Premises and any rights of
extension or renewal of the Agreement to Lease and the Lease and all of the covenants
and obligations of the Landlord under the Agreement to Lease and the Lease, shall be
binding upon the Mortgagee if, and only for so long as, it becomes a mortgagee in
possession or realizes on its security by entering into ownership, possession or control of
the Project notwithstanding any default under the Mortgage.
4. This Agreement shall not prevent or inhibit dealings between the Minister and the Landlord
concerning the Agreement to Lease and the Lease, including any amendments, waivers,
assignments, sublets or agreements affecting the Agreement to Lease and the Lease.
(b)
5. This Agreement may not be modified orally or in any other manner than by an agreement
in writing signed by the parties hereto or their respective successors in interest.
6. This Agreement shall enure to the benefit of and be binding upon the parties hereto, their
respective successors and assigns.
7. Any notice or communication to be given hereunder shall be deemed to have been
sufficiently and effectively given if sent by either personal service or pre-paid registered mail
to the party for which it is intended as follows: '
(a)
To the Mortgagee:
(b)
To the Minister:
Leasing Services Branch
Property Management Division
Management Board Secretariat
5th Floor, Ferguson Block
77 Wellesley Street West
Toronto, Ontario
M7A'lN3
Attn: The Director
The date of receipt of any such notice shall be the date of delivery of such notice of service if
service is made personally or the third (3rd) business day after sending by pre-paid registered
mail. Any party may from time to time notify the other of a change in address which thereafter,
until changed by like notice, shall be the address of such party for all purposes of ..this
Agreement. The Minister agrees to deliver to the Mortgagee, simultaneously with delivety.to
the Landlord, a copy of any notice delivered by the Minister to the Landlord to the effect that .;
the Landlord has breached either of the Agreement to Lease or the Lease in a material way.
8. The parties hereto agree that they will from time to time at the reasonable request of the
other party execute and deliver such instruments, conveyances and assignments and take ..sucl1
further action as may be required pursuant to the terms hereof to accomplish the purposes of this
Agreement.
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9. The parties acknowledge that the recitals set forth above are true and accurate in all respects.
IN WITNFSS WHEREOF the parties hereto have executed this Agreement.
SIGNED, SEALED & DELIVERED
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Per:
Name:
Title:
Authorized Signing Officer c.s.
Per:
Name:
Title:
Authorized Signing Officer
HER MAJESTY THE QUEEN IN RIGHT
OF ONTARIO AS REPRESENTED BY
THE CHAIR OF THE MANAGEMENT ..
BOARD OF CABINET
Per:
W. Stephen Gray
Manager, East and North Region
Leasing Services Branch
Authorized Signing Officer
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SCHEDULE "0"
HOUSEKEEPING SERVICES SPECIFICATIONS
These specifications are designed to represent the recommended frequency of services
anticipated, but are subject to specific site and weather conditions, with the fundamental criterion
being that there be no visible soil on the Premises at the commencement of Normal Business
Hours.
1. ENTRANCES. MAIN LOBBY AND HALLWAYS
1.1 NIGHTLY SERVICES
1.1.1
1.1.2
1.1.3
1.1.4
1.1.5
1.1.6
1.1.7
1.1.8
1.1.9
1.1.10
Non-carpeted flooring will be swept using a dust-preventive method,
washed and spray-buffed.
Matting will be thoroughly vacuumed.
All lobby carpet will be vacuumed and spot-cleaned.
All entrance glass will be cleaned on both sides.
All metal door frames will be wiped clean.
All finger marks and smudges will be removed from walls, table tops,
reception desks, directory boards, and interior glazing.
All horizontal surfaces such as furniture, ledges, heating apparatus, and
similar surfaces will be wiped.
All waste receptacles will be emptied and cleaned, pursuant to the
provisions of Schedule "I".
Furniture will be brushed or spot-wiped as appropriate.
Cigarette butts, matches etc will be swept and removed from outside
walkways, steps and landings.
1.2 PERIODIC SERVICES
1.2.1 Non-carpeted flooring will be stripped and refinished twice each year,
with such service recorded by the Landlord or its representative.
1.2.2 All floor grilles in entrances will be lifted and the recess thoroughly
cleaned weekly.
1.2.3 All fabric furniture will be vacuumed weekly.
1.2.4 Carpeted flooring will be professionally steam cleaned once each year.
1.2.5 All windows will be washed inside and outside twice per year.
2. ELEVATOR LOBBIES
2.1 NIGHTLY SERVICES
2.1.1 Non-carpeted flooring will be swept using a dust-preventive methOd,
washed and spray-buffed.
2.1.2 All carpeted floors will be thoroughly vacuumed wall-to-waIt
spot-cleaned, spots being defined as a maximum of three inch~
diameter.
2.1.3 All waste receptacles will be emptied and cleaned, pursuant tathe
provisions of Schedule "I".
2.1.4 Drinking fountains will be cleaned with a germicidal agent and polished.
.
." .
2.1.5 All doors will be cleaned and damp-wiped.
2.1.6 Finger marks and smudges will be removed from walls, glass, signs, and
elevator call button panels.
2.1. 7 Elevator doors and frames will be damp-wiped.
2.2 PERIODIC SERVICES
2.2.1 Non-carpeted floors will be stripped and refinished twice each year, with
such service being recorded in the daily logbook by the Landlord.
2.2.2 High dusting of door frames, ledges, and similar surfaces, will be
performed every two weeks.
2.2.3 Carpeted flooring will be professionally steam cleaned once each year.
2.2.4 All windows will be washed inside and outside twice per year.
3. ELEVATORS
3.1 NIGHTLY SERVICES
3.1.1 All carpets will be thoroughly vacuumed and spot-cleaned.
3.1.2 Walls, glass, and metal work will be cleaned and polished.
3.1.3 Door tracks will be vacuumed and wiped.
3.1.4 Doors and door frames on all floors will be damp-wiped.
3.2 PERIODIC SERVICES
3.2.1 Elevator tracks will be brushed and polished weekly.
3.2.2 Carpeted flooring will be professionally steam cleaned once each year.
3.2.3 All windows will be washed inside and outside twice per year.
4. WASHROOMS
4.1 NIGHTLY SERVICES
4.1.1 Floors will be swept, washed, and rinsed using a germicidal agent.
4.1.2 All basins, toilet bowls, and urinals will be washed and disinfected.
4.1.3 Both sides of all toilet seats will be washed and disinfected.
4.1.4 Paper towel and sanitary disposal receptacles will be emptied and cleaned.
4.1.5 All mirrors, counters, shelves, and exposed plumbing will be cleaned and
polished.
4.1.6 All toilet tissue holders, soap dispensers, towel dispensers, and sanitary
napkin or tampon dispensers will be replenished.
4.2 PERIODIC SERVICES
4.2.1 Partitions and tile walls will be washed monthly.
4.2.2 Floors will be machine-scrubbed monthly.
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4.2.3 Lights and grilles will be cleaned monthly.
4.2.4 Partitions, tile walls, and dispensers will be damp-wiped with a germicidal
agent weekly.
tli"
5. COFFEE STATIONS AND KITCHENS
5.1 NIGHTLY SERVICES
5.1.1 Sinks and counter tops will be cleaned with a, germicidal agent and
polished.
5.1.2 Finger marks and smudges will be removed from doors, walls, and
cupboards.
5.1.3 The exterior of appliances will be wiped clean.
5.1.4 Table tops, and chairs, will be wiped clean.
5 .1.5 All waste receptacles will be emptied and cleaned. The exterior of waste
receptacles will be cleaned and liners replaced, pursuant to the provisions
of Schedule "I".
5.1.6 Non-carpeted floors will be swept and damp-mopped.
5.1. 7 Carpeted floors will be thoroughly vacuumed and spot-cleaned, spots
being defined as a maximum of three inches in diameter.
5.2 PERIODIC SERVICES
5.2.1 Bases of tables will be wiped clean weekly.
5.2.2 Dusting of horizontal surfaces beyond six feet in height will be performed
monthly.
5.2.3 Fabric furniture will be vacuumed monthly.
5.2.4 Non-carpeted floors will be spray-buffed weekly, stripped and refinished
twice each year.
5.2.5 Carpeted flooring will be professionally steam cleaned once each year.
6. OFFICE AREAS
6.1 NIGHTLY SERVICES
6.1.1 All non-carpeted flooring will be swept using a dust-preventive method;
spillages will be removed.
6.1.2 All carpeting will be vacuumed in traffic lanes, meaning the area of
movement by an employee to and from his/her desk, and litter will be
picked up in any other area.
6.1.3 All waste paper receptacles will be emptied, with liners replaced as
necessary and if applicable, pursuant to the provisions of Schedule "I".
6.1.4 All ashtrays will be emptied and wiped clean.
6.1.5 All furniture, window ledges, and work station partitions will be dusted
to the level of five feet.
6.1.6 Finger marks and smudges will be removed from walls, glazing, and
cabinets.
6.1. 7 Telephones will be dusted.
6.1.8 All entrance doors will be locked during and after housekeeping
6.2 PERIODIC SERVICES
6.2.1 Non-carpeted floors will be spray-buffed weekly, stripped and refinished
twice each year.
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6.2.2
6.2.3
6.2.4
6.2.5
6.2.6
6.2.7
6.2.8
6.2.9
6.2.10
6.2.11
6.2.12
6.2.13
6.2.14
Carpeted floors will be thoroughly vacuumed weekly: wall-to-wall,
comers and edges, desk wells, and shall be spot-cleaned weekly, spots
defined as having a maximum diameter of three inches.
Vertical surfaces, such as sides of desks, tables, filing cabinets, and
equipment will be hand dusted weekly.
Wall hangings (except artwork), tops of doors, high ledges and cabinets,
exit signs, wall clocks and similar items will be dusted once per month.
All fabric chairs will be whisked or vacuumed monthly.
Telephones will be wiped clean monthly with a germicidal agent.
All kickplates, pushplates, and similar metal will be cleaned weekly.
All waste receptacles will be washed monthly.
Blinds/drapes will be dusted/vacuumed twice annually, as appropriate.
Window ledges will be damp-wiped weekly.
Wax, scuff marks, or dust will be removed from baseboards weekly.
Interior glazing will be washed, on both sides, twice each year.
Recycling receptacles will be emptied and relined as required.
Carpeted flooring will be professionally steam cleaned once each year.
7. STAIRWELLS AND LANDINGS
7.1 NIGHTLY SERVICES
7.1.1 Stairs and landings will be policed for litter and spills.
7.1.2 All doors and hardware will be dusted, and fmger marks removed.
7.2 PERIODIC SERVICES
7.2.1 All stairs and landings will be damp-mopped weekly and washed monthly.
7.2.2 If applicable, landings will be spray-buffed weekly, refinished as
necessary to maintain an optimum appearance, stripped and refinished
annually.
7.2.3 All baseboards, handrails, ledges, interior doors, kick and push plates,
handles and door knobs, and light fixtures will be dusted monthly.
8. RECEIVING AREAS
8.1 NIGHTLY SERVICES
8.1.1 Litter will be picked up and waste removed, pursuant to the provisions of
Schedule "I".
8.1.2 Flooring will be swept and damp-mopped.
8.2 PERIODIC SERVICES
8.2.1 Flooring will be thoroughly washed weekly.
"
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9. JANITORIAL ROOMS AND FACILITIES
These facilities (including their doors, frames, kick and push plates, handles, knobs,
floors, ceiling grilles, shelving, vertical and horizontal surfaces, baseboards, light
fixtures) must be maintained to reflect the same standards established in the Building
for comparable areas. Janitorial contractor's materials and equipment must be stored
in an orderly and neat fashion and no accumulation of dirty rags or other debris will
be permitted.
10. GROUNDS
10.1 Landscaping and maintenance of all outside or enclosed areas.
10.2 Removal of snow and ice including dirt, dust or other loose or
objectionable materials from sidewalks, including municipal sidewalks if
applicable, driveways and parking lots to ensure the safety of the public
and the unhindered flow of vehicular traffic.
11. INSPECTION
The Tenant will have the right to inspect the Building to ensure that the work is being
performed to the Tenant's satisfaction.
DATED: September I, 1993
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THE CORPORA nON OF THE MUNICIPALITY
OF CLARlNGTON
{
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- and -
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO AS REPRESENTED BY THE CHAIR
OF THE MANAGEMENT BOARD OF CABINET
Parliament Buildings
Queen's Park
Toronto, Ontario. M7A IN3
LEASE
Director, Legal Branch
Management Board Secretariat
8th Floor, 77 Wellesley Street West
Ferguson Block, Queen's Park
TORONTO, Ontario. M7 A IN3
L-5142
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