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HomeMy WebLinkAbout88-96 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 88-96 being a by-law to authorize the Town of Newcastle to enter into an Agreement with Her Majesty. The Queen as represented by the Minister of Government Services for the Province of Ontario (Lease - 132 Church Street. Bowmanville) THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporationls Seal. an Agreement between Her Majesty The Queen as represented by the Minister of Government Services for the Province of Ontario, and the said Corporation dated the 1st day of September 1988, in the form attached hereto as Schedule ifNI. 2. THAT Schedule "AIf attached hereto forms part of this By-law. By-law read a first and second time this 27th day of June 1988 By-law read a third time and finally passed this 27th day of June 1988 ayor ~w~. t . . ~ . L-S142 THIS LEASE made in quintuplicate as of the First day of September, One Thousand Nine Hundred and Eighty-eight. IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT BETWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE herein called the "Landlord" AND: OF THE FIRST PART HER MAJESTY THE QUEEN in right of Ontario as represented by the Hinister of Government Services herein called the "Tenant" OF THE SECOND PART PREMISES WITNESSES that 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, herein called the "premises", forming part of the landlord's building, herein called the "building" located at 132 Church Street, Bowmanville, Ontario which premises are more par~icularly described as follows: The main floor comprising an area of 76.3 square metres (.821 square feet) of space. A legal description of the building site is attached hereto as Schedule "A". TERM - TO HAVE AND TO HOLD the premises for and during the term, herein called the "term", of five (5) years comm~ncing on the First day of September, 1988. RENT - YIELDING AND PAYING therefor yearly and every year during the term to the landlord the sum of $8,210.04 of lawful money of Canada to be paid in advance in equal monthly instalments of $684.17 on the first day of each and every month during the term to the landlord at 40 Temperance Street, Bowmanville, Ontario LIC 3A6 or at such other place as the landlord shall hereafter designate in writing. The first of such payments to be made on the Fifteenth day of November, 1988. If the term commences on any day other than the first or ends on any day other than the last day of a month, rent for the fractions of a month at the commencement and at the end of the term shall be adjusted pro rata. i' . I ~ PAY RENT 1. BUSINESS 2. TAXES COMPEHSA-' 3. TION FOR DM1AGE NOTICE OF 4. DEFECT ENTRY BY 5. LANDLORD ASSIGN OR SUBLET " USE OF 7. PREMISES BUILDING 8. NAME NOT TO 9. AFFECT INSURANCE TENANT'S 10. COt1PLIANCE WITH LAHS ~lASTE 11. NUISANCE - 2 - TENANT'S COVENANTS The tenant covenants with the landlord as follows: To pay rent in accordance with the ~rovi~ions of this lease. To pay all taxes levied upon the business assessment, if any, resulting from the tenant's use or occupation of the premises. To make good or compensate the landlord for any damage to the premises caused by the negligent, reckless or wilful conduct of the tenant's servants, agents, employees, licensees or invitees. To give the landlord immediate notice of any accident to or defect in the water system, electrical system, heating, ventilating and air-conditioning system or any other $y$tem or part of the premises which the landlord is obligated to repair. To permit the landlord to enter the premises at any reasonable time for the purpose of inspecting the premises and making necessary repairs to the premises. . 6. Not to assign this lease or sublet the premises without the prior written consent of the landlord, such consent not to be unreasonably withheld. To use the premises for office purposes only. and for no other purpose without the prior written consent of the landlord. Not to refer to the building by any name other than that designated from time to time by the landlord and to use the name of the building for the business address of the tenant but for no other purpose. . " Not to do or omit or permit to be done or omitted on the premises anything which shall cause the rate of insurance upon the bUilding to be increased and if the rate of insurance upon 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 on demand pay to the landlord the amount of such increase. To comply with all provisions of law inClUding, without limitation, all federal and provincial legislative enactments, municipal zoning and building by-laws and any federal, provincial or municipal regulations which relate to the Tenant's use or occupation of the premises or to the making of any repairs, replacements, additions, changes, substi tutions 'or improvements that 'relate to such use or occupation by the tenant. Not to do or suffer any waste, damage, disfiguration or injury to the premises or the fixtures and equipment thereof or permit any overloading of the floors thereof. 12. 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. To leave the premises in a reasonably tidy state at the end of each business day to facilitate the landlord's janitorial services. Not to suffer or permit during the term hereof any construction liens or other liens for work, labour, services or materials ordered by her or for the cost of which she may be in any way obligated to attach to the premises or to the buildings, structures, and equipment and that whenever and so often any such. liens shall attach or claims therefore shall be filed, the tenant shall within thirty (30) days 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 law1 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 within thirty.(30) days after the tenant has notice of the registration of such certificate of action have the same vacated. OPERATING " COST 17. To pay an annual operating cost adjustment in ADJUSTMENT accordance with Schedule "B". . , " . TENANT'S 13. INDEMNITY EXHIBITING 14. PREMISES FACILITATE 15. CLEANltfG CONSTRUCT- 16. ION LIEN -. ... 3 -:- To indemnify and save harmless the landlord against and from any and all claims, inClUding, without limiting the generality of the foregoing, all claims for bodily injury or property damage, arising from the conduct of any work or by or through any act or omission of the tenant or an assignee, subtenant, agent, contractor, serva~t, employee, invitee or licensee of the tenant and against and from all costs, counsel fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon.. Save and except for any damage arising from the negligence or act or omission of the landlord or any person for whom he is in law responsible. To permit the landlord to exhibit the premise's to prospective tenants during normal business hours during the last three (3) months of the term upon receipt of reasonable notice. The landlord, at its expense, shall reinstall the original counter into the leased premises. To pay all charges for water and electricity supplied to the premises. To heat the premises at its expense. To effect the prompt removal of snow and ice from the sidewalks, steps, roads and parking areas serving_.the premises at its expense. .. To permit the tenant to effect the installation of telephone and inter-communication apparatus in the premises. To provide and operate the following services and facilities for the premises at its expense and maintain the service systems in good repair during the term at its expense: ELECTRICAL a) an adequate electrical system including fixtures and SYSTEMS outlets together with the initial installation and any replacement of bulbs, fluorescent tubes, starters and ballasts, including all maintenance and parts thereto; . . OUIET ENJOYMENT I . REALTY 2. TAXES ACCESS 3. REPAIR 4. LEASEHOLD 5. It1PROVEMENT UTILITY 6. CHARGES HEAT 7. SNOW 8. REMOVAL TELEPHONE 9. INSTALLA- TION - 4 - LANDLORD'S COVENANTS The landlord covenants with the tenant as follows: For quiet enjoyment. To pay, subject to the provisions of this lease, all taxes and rates whether municipal, parliamentary or otherwise levied against the building and the land pertinent thereto or against the landlord on account thereof. To permit the tenant, her servants, agents, employees, licensees and invitees to have access to the stairways, elevators and passages within the building in common with all others entitled thereto for the purpose of ingress to and egress from the premises. To maintain the premises in good repair and tenantable condition during. the term and make good any defect or want of repair promptly upon receipt of notice from the tenant with a minimum of disruption to the tenant's business. HEATING b) a heating system sufficient to maintain a reasonable SYSTEM temperature (20-23 degrees Celsius) in the premises during the heating season (15th September to 15th Hay) and at other times of the year if required for comfortable occupancy; AIR-CONDI- TIONING S YSTEt1 c) an air-conditioning system sufficient to cool the premises when required during the months of June, July, .August and September to maintain a temperature suitable for comfortable occupancy, inClUding maintenance of same; VENTILATION d) a ventilation system that is sufficient to provide a SYSTEM constant supply of air that is filtered and either humidified or dehumidified and either heated or cooled as conditions may require for comfortable OCcupancy. WATER e) a water system capable of supplying hot and cold water SYSTEM to the premises and the washrooms serving the premises; HASHROOMS JANITORIAL SERVICE EXTERIOR, 10. COHMON AREAS GLASS 11. REPLACEMENT PARKING 12. LANDLORD'S 13. , INDEMNITY' LANDLORD'S.. 14. CO~1PLIANCE ~lITH LM1S LANDLORD'S' 15. INSURANCE - 5 - f) washroom facilities for male and female employees of the tenant in accordance with the requirements established by the Occupational Health and Safety Act, R.S.O., 1980, c. 321, anq the regulation made thereunder and any other applicable provincial or municipal requirements, and the provision of all washroom supplies1 g) janitorial service for the premises in accordance with the provisions of Schedule "C" attached hereto including the provision of all cleaning materials. To maintain the exterior of the building, the landscaped grounds of the bUilding, the parking lots and walkways of the building and the common areas of the building in good repair and clean condition. To promptly replace in case of breakage, all plate glass windows and other glass forming part of the demised premises,with glass of the same kind and quality as that which may be damaged or broken, save where such damage or breakage has been occasioned by the tenant, her servants or agents. To provide and maintain designated parking facilities for the tenant for three (3) automobiles located adjacent to the leased premises. To indemnify and ,save harmless the tenant against and from any and all cla,ims, including, without limiting the generality of the foregOing, all claims for bodily injury or property damage, arising from the conduct of any work or by or through any act or omission of the landlord or any assignee, sUblandlord, agent, contractor, servant, employee, invitee.or licensee of the landlord and against and from all costs, counsel fees, expenses and liabilities incurred in or about any such Claim or any action or proceeding brought thereon. To comply with all provisi~ns of law including, without limitation, all federal and provincial legislative enactments, municipal zoning and bUilding by-laws and any federal, prOvincial or muniCipal regulations which relate to the premises or to the use or Occupation thereof or to the making of any repairs, replacements, additions, Changes, substitutions or improvements of or to the premises or any part thereof. To obtain and maintain insurance on the building against loss or damage by fire and extended coverage peril&. The landlord further agrees to obtain and maintain comprehensive general liability insurance. Such insurance shall contain a waiver of subrogation by insurers against the tenant and any SUb-tenants of the tenant. . " OVERHOLDING 1. FIXTURES SIGNS ...: VACANT 4. POSSESSION ... UNAVOIDABLE 5. DELAYS RIGHT-OF- .6. HAY - 6 - PROVISOS 2. 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 Qr any renewal thereof without any further written agreement, the tenant shall be deemed to be a tenant from month to month at the monthly rental reserved by this lease and on the terms and conditions contained in this lease except as to length of tenancy. a} the tenant may at any time during the term or any renewal thereof remove any fixtupes installed by her in' the premises, and b) the tenant will compensate the landlord for any damage caused to the premises by such removal. a) the tenant may erect such signs on the premises as she considers necessary for the proper conduct of her businesS1 b) all such signs shall be removed from the premises at the end of the term or any renewal thereof; and 3. c) the tenant shall compensate the landlord for any damage caused to the premises by the removal of signs. This lease is conditional on the landlord delivering vacant possession of the premises to the tenant on the date fixed for the commencement of the term. In the event that the landlord is unable, for any reason, to deliver vacant'possession on that date or within such further time as may be acceptable to the tenant, then this lease will be null and v()id and any money paid by the tenant to the landlord in the form of a deposit or on account of rent will be immediately refunded to the tenant. In any event rent shall not be charged prior to the date on which the tenant accepts vacant possession of the premises. '~ In the event that the landlord or the tenant shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes; lockouts; labour trouble; civil commotion; riots; insurrection, war, inability to procure labour, materials or services; acts of God, weather, power failures, restrictive laws or regulations or any other reason beyond the reasonable control of the landlord or the tenant as the case may be, then performance of such act shall be excused for the period of the delay and the time allotted for the performance of any such act shall be extended for a period of tim& equal to the period of such delay. If the premises are now or hereafter served by any alley, easement or riqht-of-way, the teriant, her 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. . EARLY 7. OCCUPANCY DAMAGE- 8. PREMISES UNTENANT- ABLE DAMAGE- 9. PREMISES PARTIALLY TENANTABLE - 7 - If the premises are available for occupancy prior to the date set out in this lease for the commencement of the term, the tenant may, at her option, occupy the premises prior to such commencement date. In such event rent will be paid on a per diem basis and the parties will be governed by the terms and conditions of this lease. If at any time during the term the premises are wholly or partially destroyed by fire or other insurable peril so as to render them untenantable or prevent reasonable or convenient access thereto, the rent hereby reserved shall immediately abate until such time as the premises have been restored to the tenantable condition. If the premises are so badly damaged that they cannot be restored to tenantable condition within 120 days then the landlord or the tenant may determine this tenancy within Thirty (30) days of such damage or destruction upon notice to the other party. If at anytime during the term the premises are damaged to such an extent that only part thereof is tenantable, then the rent hereby reserved shall immediately abate in proportion to the part of the premises which is untenantable and full rent will not be payable again until such time as the premises have been fUlly restored. If the landlord does not begin to restore the premises within Fourteen (14) days of the occurrence of damage or having commenced the restoration of the premises does not proceed to complete it with reasonable dispatCh, the tenant may determine this tenancy upon Fourteen (14) days notice to the landlord. ALTERATIONS 10. The tenant may, at her own expense, make such alterations, additions and improvements to the premises as she may consider necessary from time to time during the term subject to the prior written consent of the landlord. No alterations shall be made to the frame or permanent structure of the building. NOTICE OF Ii. The tenant shall give the landlord notice of her ALTERATIONS. intention to make alterations, additions or improvements to. the premises and, upon request, shall supply the landlord with plans of the proposed alterations, additions or improvements. If so requested by the Tenant, the Landlord agrees to undertake the installation of the Tenant's improvements on behalf of the Province of Ontario (the Tenant) and where such work is paid for by the Province of Ontario exclusive of any agreed upon rental payment, such works will be considered an item of "public work" and will be subject to the provisions of the Construction Lien Act 1983 (Ontario Regulation 159/83). Upon completion of an item of "public work" on behalf of the Province (the Tenant), the Landlord agrees to provide: ALTERATIONS 12. BY LANDLORD AT REQUEST OF TENANT .- ~, . - 8 - a) A Worker's Compensation Board Certificate of good standing and b) A Ministry of Governm~nt Services Statutory Declaration Form (lo1GS 2608) duly completed and notarized. Final payment to the Landlord for said item of "p~b1ic work" by the Province of Ontario (the Tenant) will be held pending receipt of the said documents. REMOVAL qF 13. a) The tenant may, at her option, remove any ALTERATIONS alterations, additions or improvements "made by her in the premises; and b) If the tenant elects to remove any of, the alterations, additions or improvements made by her in the premises, she shall repair any damage ca~sed to the demised premises by such removal. . T Where the landlord's consent is required by this lease to any act of the tenant such consent shall not be unreasonably withheld and shall be communicated to the tenant within fourteen (14) aays of the receipt of a request for such consent. LANDLORD'S 14. 'CONSENT RE-ENTRY 15. NON- 16. COMPLETION BY LANDLORD LANDLORD'S 17. DEFAULT RENEtlAL 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) 9ays of receipt of notice. If the tenant fails tb pay the arrears or remedy the default within such periOd, the landlord may re-enter the premises and the term hereby granted shall thereupon be terminated. If the premises are not fully completed iq accordance with the Offer to Lease the tenant may, at her option, take possessiOn of the premises and complete them to her satisfaction. The reasonable cost of any work performed to complete the premises may be deducted from the rent payable under this lease. If the landlord tiefaults in the observance or performance of any of its covenants or Agreements. contained in this lease the tenant may, at her 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. , 18. a) If the tenant is not in default under this lease the landlord will at the expiration of the term grant a renewal for a further term of five (5) years, at a rental rate to be neqotiated; .;j ltl:tr /. . SCHEDULES PCRCHASE OF S::ILOING ~~O~~-WAIVER ARBITRATION -, NOTICES - 9 - b) The tenant shall give notice to the Landlord of her intention to renew this lease at least three (3) monthspr10r to the end of the term1 and c) The' terms and conditions of this lease, save as to the rental rate, shall apply during ~he renewal term with the exception of this proviso for renewal. Schedules "A", "B", and "C" attached hereto shall form pa~t'of this lease. 20. If the Ministry of Government Services purchaslels the said building, this lease shall become nu and void. 19. 21. 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 conditions, 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 express waiver in writing. 22. If the parties are unable to agree upon the rental rate to be charged during the renewal term provided for in this lease, they shall submit the dispute to arbitration in accordance with the provisions of the Arbitrations Act, R.S.O. 1980, c. 25 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 o~ which shall be binding upon the parties. If either party (~hall refuse to appoint an arbitrator within thirty (30) da s of being served with written notice or arbitration by t e other " party, then the arbitrator first appointed shall, at the request of the party appointing him, proceed to determine such rental rate as if he were a single arbitrator appointed by both parties. In such case 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) Qays 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 Supreme Court of Ontario. 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. 23. 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 40 Temperance Street, Bowmanville, Ontario L1C 3A6 and in the case of notice to the tenant to her in care of the Director, Leasing Services Branch, Ministry of Government Services, 77 Wellesley Street West, 5th Floor, Ferguson Block, Toronto, Ontario M7A lN3, and mailed registered and postage prepaid. The time of giving of such notice shall be conclusively deemed to be the third business day after the day of such mailing. a.)' '(\\,v~--r , tel \J ~. ENTIRE AGREEMENT REGISTRA- TION SEVERABI- LITY INTERPRE- TATION HEADINGS AND CAPTIONS EFFECT OF LEASE - 10 - Such notice shall also be sufficiently given if and when the same shall be delivered, in the case of notice to the landlord to an autporized agent and in the case of notice to the tenant to an executive officer of the tenant at the above-noted addresses. Such notice, if personally delivered, shall be conclusively deemed to have been given and received at the time of such delivery. 24. The tenant and the land~9.rd acknowledges 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 relatinif to this lease save as expressly set out in this lease and the relevant agreement to lease and that this lease constitutes 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 executed by the landlord. and the tenant. 25. The tenant may, at her option, register this lease or a notice of this lease in the applicable Land Registry or Land Titles Office and the landlord will cooperate with the tenant to facilitate the registration. 26. 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 the 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. 27. The words ."herein", "hereof", "hereby", "hereunder", "hereto", "hereinafter", and similar expr~ssions refer to this lease and not to any particular paragraph, section or other portion thereof, unless there is something in the subject matter or context inconsistent therewith. 28. The headings and captions appearing in the margin of this lease have been inserted as a matter of convenience and for reference only and in no way define, limit or enlarge the scope or meaning of this lease nor any of the provisions hereof. 29. 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 every reference herein to any party hereto shall include the successors, assigns and other legal representatives of such party. - 11 - BINDING OF 30. This lease shall not be binding upon the tenant until TENANT it has been executed by or on behalf of the Minister of Government Services. IN wllTNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THIS LEASE. SIGNED, in SEALED & DELIVERED) the presence of ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) in tness , THE CORPORATION N~ I OF THe: Tm-m OF MAYOR ~^^L~E~K HER MAJESTY THE QUEEN in right of Ontario as represented by the Minister of Government Services Per: E. Gregory Manager. Eastern Region " .------.--- ... -.. .... ..- . . . . .' SCHEDULE "A" ALL AND SINCULAR that certain parcel or tract of land and premises situate, lY1ng and being in the Town of Newcastle. 1n the Regional Municipality of Durham (formerly 1n the Town 0' Bowmanvllle. In the County of Durham). and PrOvince of Ontario, being compOsed . 0 f Lot s 1 S', 16 D, 161 and 162 1 n Bl 00 Ie "0 II ac 0 0 r din 9 to a plan of the Village of Bowmanville by John Crant. 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 0' the said parcel being described as 'ollow,: PREMISING that the bearing, are astronomlc, derived from observation on polaris and referred to the meridIan through t~e south-easterly corner Of Lot 162. Block "Q". according to ,the said plan by John Crant. P.l.S., and relating all bearings herein thereto. COHHENCINC ot the sOuth.eost.rly corn.r of the sold Lot 1621 TNENCE north S.vont..n d.g..... flftY.flve mlnut.s, forty seconds east (H. 17. 55' "0" E.) along the '. south-easterly limit of the said Lot 162. one hundred and sixty-three and seventY-five one-hundredths feet (16'.75') to the north-easterly corner of the said lot 162. THENCE north sev.nty-one degrees. forty-three minutes, twenty second. west (H. 71. ")' 20" W.) along the north-easterly limit of the said lots 16"2. 161. 160 and 159, two hundred and fifty-nine and seventy-seven one-hundredths feet (259.77') to the north-westerly corner of the said .Lot 159; " THENCE south nineteen degrees, nlne minutes, thirty seconds west (5. 19- 09' 30" W.) along the north-westerly limit of the said Lot 159. one hundred and sixty-four and eight one-hUndredths feet (164.08') to the south-westerly corner of the said Lot 159; THENCE South seventy-one degrees, forty-seven minutes, twenty seconds east (5. 71. ,.7' 20" E.) along the north-easterly limit of Chu~ch Street as shown on the said plan by John Grant, P.l.S., two hundred and sixty-three and nineteen one-hundredths feet (26).19') to the poInt of comMencement. AND DESIGNATED AS Part 1 on Onta~io Department-of Public Work, Plan of Survey Humber "04-201L. .. . : t " , SCHEDULE II B It OPERATING COST ADJUSTMENT 1, In thi.s schedul.: e) f) ;) a) Moperating costsll means the total amount paid by th.'landlord for the fOllowing suppli.. and seevice. to the .xt.nt only that they are supplled to and consumed in the bUilding. Janitorial .ervlces (cle.ning and supplies tor cl.aning), tu.l tOt h.ating, elevator maintenance (labour only), water, .l.ctricity not oth.rwise charg.abl. to tenant., air conditionin, .aintenanc. (labour only), heating equipm.nt'maint.nance (labour only), window cleanlng, fire, easualty and liability insuranc.coat., ,raaa cutting and tending of flOwer bed. only on the grounda formln,part of the landi, .now removal, ..curity s.rvice; provid.d that the operating COlt. as her.inbefoe. d.fin.d Ihall not include the coat. of in.t.llation, repalrl and r.pl.cem.nt of parta for iny of the Ibove ..ntioned seevic.s, any amounts directly ch.rg..bl. by the l.ndlord to any tenant or t.nlnts oth.r thIn op.ratint coat adjUlt..nt, the cost to cueephysical deterioration ana the coat of Iny r'Plir. to the extent cov.r.d by the proceeds of in.ur~nc. clai.. .Id. by the llndlo~dJ . . . . lIbuilding Ina the land p.rtin.nt th.r.t~- ...n. the ~otal ar'l ot the landloia'. building Ind the p.rcel of llnd upon which the building 15 situated. Th. area of the parc.l of llnd included in this description .houla be r...onabl. in r.lltion to th., building ana, in any ca.., .hould not, .xc.ed 110' of the I.ount of l.nd r.quir.d for the building cov.rai' und.e the .ppliclbl. zoning regulation.. Any portion of the total p.rcel which can b. .evered .hould not b. inolUd.d .. plrt ot the 1..... 'Th. lanalord will .ake th.n.c...ary adju.tm.nt to reflect I realonlbl. Ir.. ot the plrc.l ot land, lIbase y.ar" ..ans the p.riod of tw.lv. month. co..encing on the tirst day of January.. , 198..2.- and .xpiring~ on the ~1 st, d.y of 'December , 1'...6....-., and be ing the first annull fln.ncial .ccOunting p.riOd of the llna!ora aft.r the comm.nce..nt of the tera of ~hi. l~I.'; "Subs.qu.nt p.riod- m.ans ..ch successive p.riod of tw.lv. cons.cutiv. month. following the b... y.ar, the whole or part of which i, includ.d within the ter., "rentable ar.a- m.ans the re~~abl. ar.a of the pr..is.s calculat.d in accordanc. with the American St.ndacd M.thod oe eloo'f ..a.urement (BOHA a.v. Augu't/72) anca beingfoC' --the purpose of this lea.s. 76.5 ' square m.t.rs' ( 821' square feet): "total rentable area" m.ana the total r.ntabl. .r.a. of the buildin9, as it the building were .ntirely OCcupied 'by tenants renting whole floor., calcula~ed in accordanc. wlth the A..rlcan Stand.rd Method of floor .e..ur.m.nt (80MA a.v. AuguaC/72). Th. lobby and .ntrlnc.s on the grouna eloor used in common by ten.nts; and ..chanical 'equipment ar... .hall b. .xcluded ~rom the tor.goln9 calculations. For the purpose of this leas.th. tot.l r.nt.ble Irel is 1.100.1 square m.t.rs ( 11,842 .quare fee t) ; .proportionate ahare" means the fr,ction which hI' .. ~ts numerator the tentabl. area of the premls.. .1 calculat.d in 1(.) or as adjusted In J and haa a, its denomin.tor the total rentable acea of the building .. calculat.d in Icco~danc. with plragraph 2. , ~\ w, c} d) 7he calculation of the total rentable area of the building, wh.ther rented Or not, shall 'be determined upon co.pl.tlon of the building, and shall b. .djuSt.d ero. time to time to giv. .ffect to any structural or functional chang. aftectin9 the bUilding, I . ; The calculation ot the rentable ar.. oe the pre.i.e. .hall be adjusted !:om tim., to time to give eff.ct to .ny Itructural or functional change affecting the bUilding and whlch aff.ct. the r.nt.bl. Ir.a of the premlse. durin9 the t.rm ot the 1....; -. '. . .. 2 .. ~ . If the oper.ting costs for any subs.quent p.riod is more than the epecatin, co.t. for the ba.. yea~, the tenant Ihall pay the llndlord the ~roportlon.t. .h.r. of any .uch .,1cr..... Th'l.ndlord Ihall invoice the tenant tor ."Y .uch tncr.... one. . year, within sixtY" C601 d.ys . ~ollowln, the .na of the .ubs.qu.nt p.r10e in which Such incr.... occurs, anc the tenant .hall remit payment within Sixty (60) day. of rece~pt and ~erification of .uch invoice, ana time is to b. of the essence. Should the landloro fail to invoic. the tenant within the ..1d .ixty (60) days, :~e tenant shall have the priVilege of paying the amount due, .t its COnV&nlenCe, but within twelve months following receipt of the 1llvoice. If the operating costs for any SUbsequ."t p.riod is le.s than the opecItlng costs for the base year, the landlord shall p.y ~o the tenant tr.e proportion.te share of any ..ch olcr.... within .ixty (60) dlYs follOWIng the end of the subsequent period in which such decrelS. occurs. If only part of the final subaequent p.riod ia includ.d within the term, any sucn amount payable fqr such p.'iod ahall b. ba.ed upon the .mount payable foe the pr.ceding .ub.equent'pe,lod, sh.ll b. r.duced proportionately, and shall be payable .t tW. end of-the term. The landlord's statement for operating COSts must not include any expenses pertaining to: a) patking and gar.g. ar... for which the l.ndlord receive~ paym.nt for parking servic.s, and ,.. 0) Costs which SOlely b.n.fl~ one p~rticul.r r.ntabl. are. or group of \Occupants, Other than the t.n.nt. :~e ope'~ting co.ts of the base year .hall b. calculated as follows: . a) If the building was fully occupied by t.nant. during the whole of the :;'Ise ye.r, the oper~tin9 Costa for th..ba.e ye.r .hall be the op.rating co.ts incurr.d. D) If the CUlldlng was not fully OCCupied by tenants duting the whole of the ba.e ye.r, the operating co.ts incurr.d fOl the ba.e year shall b. adiust.d to r.flect full occupancy ~uling the whole of the base ye.c. ," C) Where any '.rvlce in the nature of op.rating cost., as h.reinbefore defined, i. p.rform.d in the bal. y.al und.r any fora of warranty at no cha~,. to the landlord, the u.ual COlt of .uch .ervlc. shall be ascettained and includ.d in op.rating COlts fot the ba.e ye.r. C~erating costs for any sub..quent period .hall be r..son.ble aa compared to the ba.. y.ar and, In any ca.., the incr.al. r.flect.d sh~ll not b. ~ore than the inere.seof the Conaume, Ptice Index for the s~me period, and shall ,be calculated I. follow.a* .) If the building was fully occupied by t.nants during the whole of the Subsequent p.riod, the operating co.t. incurred, .'. . 0) If the building was not tully occupi.d by tenants during the whole of the subsequent per led, the op',atine) .COlts tor luch .ubsequent per lod shall;be obtained by adjusting op.rating coata' incurred to reflect . full occup.ncy during the whole Of;th. lubsequent periOd, e) If there wa. no! ,xp.nditure In the ba.. y.ar foe any lte. of opecating ~Olt.prop"ly incurred in a aublequ.nt p.riod, . reasonable approximation of the coat 0' luch ite. shall be made, as it it had be.n incurred in the bal. y..e, and the t.nant'l proportionate Ihar. Ihall b. the difference betw..n this approximation .nd the actual ,xpenditur. for that lte. incurred in the subs.qu.nt petlod. * Utilities Excepted. "I :'" . .,;,.. : 1 . \ /) . , " - J - '.. ~ . ~~e landlord shall provide a complete itemized a~dited .tate.ent of the :ase year operating costs to the tenant within SlXty ('0) day. ot the end ~f the ba.e year, together with a statutorY.declarat~on by the landlord's audltor that all the provi.ions of SChedule" B "have been met. Itemiz..tion of the base year statement sha.ll 'Eie7s in 9) follo..,1n9_ ~he landlord's invoice for operating COlt adju.tment for each and every subsequent period shall be accompanied by an itemized audited .tate~ent of the operating costs for .uch s,ub.equent period, signed by the auditor and wi~b a .tatutory declacation by the landlord'. auditor that~ll the provlsions of Schedule "--L" have been. met. The ite.ization of the statement shall conform to the following twelve (12) categorie., if ap?licable: . . 1. a) b) c) d) e) f) C;) h) i)) ~ ) I() 1) . Janitorial (including cleaning and washroom supplie.) Hydro charge. Insurance Security service Water Alr conaltion!ng equipment maintenance (labour only) . Winco.., cll.n1n9 Elevator maintenance (labour only) Sno.., cemoval 'Heating (fuel) - specify oil, 9as, .team oc electricity) Heating equipment maintenance (labour only) . Crass cutting and tending of flower beds (labour only) _ no replacements). tne operAting cost adjustment should reflect only the lncre..e (or '.ieerease) "in the cost of the service. and SUpplies of the .tandard, Guallty Ind volume accounted for in the bas. y.ar. Any upgrading or lnerease in the standard or volume of serviCe. and ~upplle., in subsequent years, OVerthe-.tandard or volu.e of servlce. and'.uppliel of t~~~ase y.ar, will not be glven con.ideration ln .ub..quent years unless speclflC prlor written apprQval ha. b~en obtalned from the tenant.. The tenant .hall have the right to eXlmine.the landlord'. ~okl of aeeoant upon reasonable notice as a .ean. of verifying the itemized auditea state.ent of operating cost. 'Ubllitted by the landlord in SUpport of its claim for Operating cost adjustment with respect to both the bAse ~'ear anQ .'ub.equent pee 10d. ," ~ I! at any time during the term of thi. l.ase, or any cenewal thereof, fif:y per cent (50') or mOCe of the premlle. become unoccupied Ind vacant for perlod. 1n eXCe.s of thirty daYI, the landlord shall abate the rent Eo: any saving. ln janitorial or other 'ervlce. whlch r..ult fro. such vacancy_ Thi. Pcovision shall only apply where the vacant Irea can be lsolateo froll the rest of the preml.e. and no janitorial or other 3eC~lces are requirea. Where this .ituatlon exilts Ind where, for .r.a:ever reason., the landlord do.. not abate the rent accordingly, the ':.er.ant shall have the right to deduct her rea.onable ..tiNte of the a~.ount of the Ibatement from the rent payabl. under this lea.e aCiteement. S~ch abatement 1a not required to be effected at the ti.e ~f such vacancy, but .may take place at any time"Clucing the exiltenc:'e of the lease, when the tenant becomes aware of the .avings due to the vacancy_ 4 SCHEDULE .. C .. , . JANITOR SERVICE ~f!lces: Caily Cleaning g~?ty all waste baskets Em~:J and damp wipe all alh trays CU$~ all furniture and equipment :ust all window s111s, partition ledges and other horizontal surfaces Cust ~O? all tile floors using a dust control method Vacuum clean all carpeted areas Remove finger marks and smudges from all walls, doors, glals oact1tions and other surfaces - Washrooms) Daily Cleaning Clean all w~sh bowls, plumbin9 fixtures and mirrors Clean and disinfect toilet bowls and aeata and urinals E~pty waste receptacles Restock was-tOo. aupply dispensers hipe down t_~let partitions ~ash floors with:a disinfectant. detergent aolution Pub lic Ar eas: .' (Corridors, Main Lobby and Elevatorsj Daily Cleaning Sweep ana damp mop all. floors ~e~ove flnger marks and smudges from all glaaa, metal and painted surfaces Vacuum clean all carpe ~ areas ~wS: all furniture and equipment C\.st all window aills and other horizontal aurfaces :lean elevator door tracks Sweep, wash and spray buff all elevator floora Sta1:~ays: Oaily and Weekly Cleaning Sweep all stairs dally ca~p wipe all hand raillngs dally Wash stalrs weekly T1~e Floors: . Spca~ buff all tile floor surfaces twlce weekly Remove all wax and refinish at least three times per year ':.1:cets: . Steam clean all carpeted areas once a year Vertlcal Surfaces oth~r than walls: Cust weekly '...al1 Pictures: .', o\.;s: ....eeKly ....1 ncow's : ~ash 1n51de and outside at least six tJmes per year ~O~E: Daily 'Cleaning may be performed on either a Monday to Friday or Sunday to Thursday schedule. DATED as of September 1, 1988 THE CORPORATION OF THE TOWN OF NEWCASTLE / - and - HER MAJESTY THE QUEEN in right of Ontario as represented by the l-Hnister of Government Services Parliament Buildings Queen's Park Toronto, Ontario. M7A IN3 LEASE Director, Legal Branch Ministry of Government Services 3rd Floor, Ferguson Block 77 Wellesley Street West Queen's Park TORONTO, Ontario, M7A IN3 , L-Sl42 .. . . . ~..