HomeMy WebLinkAbout84-122
.,
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 84-122
being a by-law to authorize the execution
of a rental agreement with Orono Showcase
Co-Operative
THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS
AS FOLLOWS:
That the Mayor and Clerk are hereby authorized to execute, on behalf
of the Corporation of the Town of Newcastle, and seal with the
Corporation's Seal, a rental agreement between the Orono Showcase
Co-Operative and the said Corporation, dated the
day of
1984, which agreement is attached hereto
and marked Schedule "A."
By-law read a first and second time this 9th day of October 1984.
By-law read a third time and finally passed this 9th day of October 1984.
L-/'4~A4
v ayor ,
~.~.
er
, Fill NO..~:1;~:."._.J
-
Y'
<;,.
" Commercial Lease.
. ('GP).......I UCi. D). . PlIrIlla .....Iled
Ot_ &. D",ho.. Limlt.d To,oft'o
"i.t.n 10 th. hllOI ',01......
F_ I6O-t6t
1Chis jndrnturr
made the 6th day of November
one thousand nine hundred and eighty-four
In ~ut'ualUt of tbe g,bort ~otml of 'lea'el act
}Settueen
THE CORPORATION OF THE TOWN OF NEWCASTLE,
. . .
hereinafter c:alled the "Lessor"
OF THE FIRST PART
-and-
ORONO SHOWCASE CO-OPERATIVE
,,-.
hereinafter called the "Lcs.sec"
OF THE SECOND PART
......
WITNESSETH that in consideration of the rents, covenants and agreements hereinafter
reserved and contained on the part of the said Lessee. to be paid. observed and perfonned. tho said
Leuor has demised and leased ~ by thClC presents doth demise and lease unto the said Leucc
ALL THOSE CERTAIN PREMISES excluding any part of the external walls known
and described as a portion of the Orono Hydro Electric Building
shown in red on schedule attached hereto.
Tema
TO HAVE AND TO HOLD the said demised prCmises for and during the term of
to be computed from the 1st day of January 1985
and from thenceforth ensuing and to be fully completed and ended on the 31st
day of December 1985 ..
BeAlaI
hereby grant , e said Lessor, the IUID of
per annum, payable at par at
in equal monthly instalrncntl of
day
each in the
.f ..w. aad overy ....th during the aald ....... the ~
day of
ThG ..aid L""G ':>>'t.l&nts with ~ laid Lcaor to P-' fen" . .
BuIlD...
Taxe.
AND to pay all business taxes in respect of the business carried on by the Lessee in and
upon or by rcaaon of their occupancy of the prcnUses hereby demised;
~NO'C~{b.j_~-~L~'_~~~
Gr~'Y r!o.t:"{:c{~eJ
, t,
.
FlUE 1l L'UJ II ON I. li2J J:JOlJ
. J r II/\. Y MAN. I 1111 1:1111 r
,
. V
,rJ
~ ,.l.. ....
p~ ~
~
/1
l' 1 A ~ (1.
~ q 0 l.>>. ~ .
r
FIHE I)I-:P^HI MEN r
//
"3 '.(" " ....
~ .JI',
. f tEl ,
. . \~\~~)
..,.. ,. I
.1.. "
~~~. .
i:"~'\ .. . t, "
J
II' '.1.....'...,1 l"
11..1.1111111 II .1
I \I: I:'..
\I 11.1'11. ':11
1111',11" ';'~ .... I ',II"
<
TOWN OF NEWCASTLE
3~
..
. ".", II:
, ~"I\ " l'
> -.J,.f,:~,e e,J
7' .G.'"
(;.(tJ~flA~
o ~r,( .
2f'''' lS
G,,,S
, SJ
sOo. '
~fflC[.
'", I~
.,.0
.IJ. ,.,,..,
'L .~
~
htJUY
--._..........~.._-_...- ............ ......... ........ ..--... .....
l)}J!? k
~ .,. II r Gr
. . ~:._--:._]
. , .
.,,' "m'vI N 1 lor. III urN!; WI' II YOU
....~c)
Ld~ ..
l ....10.. ·
1--: O.
~. ..
11:I...
....
(II v
~. ''(!JR''''
I-t~ D p.()\\)~ .
j \-- 1.;11 I"
, .
. ~,
I 41 f
r~
,\I)
=t
~,
i~
I
I
j
.
Page 2(a)
YIELDING AND PAYING THEREFOR during the months of January. February.
March, April, May, June, July, August, September, October, November
and December in the year 1985 the sum of $243.00 each in advance on
the 1st day of each and every month during the said term. the first
payment to be made on the 1st day of January 1985.
The said Lessee covenants with the said Lessor to pay rent.
Conul1crdl\l Lcasc-Pol:.c 2.
c.........,.,.. I!OC'. I),., A Durb.... 1.I",IIft!
0,.. L O.."hD'" l'"'ot~,f
"~""n 1;:.0.......
Repair
A..i9nm.nl
BUline..
Filllur..
Electric:
Power
Alte ra ti onl.
Partitionl.
Elc:.
r
Bankruptcy
or
Inlol"ency
Rul.. anel
Re9ulotiona
Hemodemng
anel Sol.
AND to repair (reasonable wear and tear, and damage h). fire, lightning and tempest only
cxcepted) ;
AND that the said Lcssor may cnter a;\(1 view stale 0' repair;
AND that the said Lessee will rep3ir 3ccordin#: III notin~ ill writinJt (rt':uonable wear and
tear :\Od damage by fire, lightning and tempcst l!xct'pu~d):
ANn that they will lea\'e the premises in good It'pair I n'asonahlt, wear and It'ar and
damaRc' hy lirt', li~htnin~ and lempl'st only excepted);
AND will nOI assi!{n (II' sub. let the whole ur .IIIY pari of tll(' demised prl'JlJises witholl.t Ica\'e;
the Lc'sset' hl'reb\' wai,.es ;nd rc'nounces the benclit of any prest'nt or fUlllre act of the Leglslalure
IIf Olllario ,,'hidl would allow the Lessee 10 assign or suh.lt'l this least', withouI lea,.e of the Lc'ssor.
AND the said l.t'SSel' rO\.cnants wilh Ihe said Lessor, ils successors :'"u assigns:
\ a ) THAT the said demised Pl'emises will not, dllrin~ thc said term, he at any time used (or an)'
IIthc'" pllrpo5l' th:ln that of
ib) AND THAT no fixtures, goods or chattels of any kind will, except in the ordinary course
of business, be removed from the demised premises during the term hereb~ demis~d or at any time
thereafter without the written consent of the Lessor, its successors or assIgns, beang nrst had and
obtained until all rent in arrears as well as all rent to become due during the remainder of the term
herebr g:'anted shall h:l\"c been fully paid, or the payment thereof secured to the satisfaction of the
LessOl' or its assigns.
(c ) THAT the Lessee will not, during the said term or at any time prior or subsequent thereto,
purchase, acquire or use any electric current for lighting or other purposes except from the compa~y
or corporation which shall (or the time supply the Lessor with electric current for such purposes an
the said building; the intention being that without the written consent of the Lessor, there shall be
only one system of electric lighting in the said building.
(do)- ---'fH Fr-L-essee-hereby- cmemrnts ~JY.k 7 all-<.fta1'!;es..(~".te~er~f(er-Hg.h...~
..~ ~~~-br-(-he-I:,estce'..... the-deMtIeO-JM"Mtt&ot.-
(c) THA T if the Lessee shall during the said term desire to affix or erect partitions, counters
or fixtures in any part of the walls, floors or ceilings o( the demised premises. it may do so at its own
expense :It any time and from time to time provided that the Lessee's rights to make such alterations
10 the dcmised premises shall be subject to the following conditions:-
( I) THAT be(ore undertaking any such alterations, the Lessee shall submit to the Lessor a
plan showing the proposed alterations and shall obtain the approval and consent o( the
Lessor to the same.
(2) THAT all such alterations shall conform to all buildin~ by.laws, if any, then in force
affecting the demised premises.
(3) THAT such alterations will not be of such kind or extent as to in any manner weaken the
structure of the building after the alterations arc completed or reduce the value of the
building.
(f) THAT, except as herein provided the Lessee will not erect or affix or remove or change
the location or style of any partillons or fixtures, without the written consent of the Lessor being
first had and obtained,
(g) THAT, at the expiration of the term hereby granted, or any renewal thereof, all fixtures
belonging to the Lcssee shall remain upon the demised premises until taken down by the Lessor,
and the Lessee shall forthwith, upon the same being taken down, remove the same from the
demised premises first paying to the Lessor the expense of such taking down and making good all
damage occasioned to the demised premises by the taking down or removal thereof.
(h) THAT, if the term hereby granted or the goods and chattels of the Lessee or any assignee
or sub. tenant shall be at any time seized or taken in execution or attachment, or if the Lessee or
any such assignee or sub-tenant shall make an assignment for the benefit of creditors or shall
become bankrupt or insolvent, or make a proposal to its creditors, or without the consent ot the
Lessor being first obtained in writing, shall make a sale, under the Bulk Sales Act, in respect of goods
on the premises. or being a company shall become subject to any legislative enactment relating to
liquidation or winding up, either voluntary or compulsory, th~ said term shall immediately become
forfeited and void, and an amount equivalent to the next ensuing three months' rent shall be at once.
due and payable.
(i ) THAT the Lessee and its clerks, servants and agents will at all times during the occupancy
of the demised premises observe and conform to such reasonable rules and regulations as shall be
made by the Lessor from time to time includinJ."t the rules and regulations set forth in Schedule "A"
hereto and of which the l.essee shall be notified, such rules and regulations being deemed to be
incorporated in and form part of these presents.
(j) THA T, in the event o( the Lessor desiring at any time durin~ the term, or any renewal
thereof, to remodel the said building, or any part thercof, or to take down the said building, the
Lessee will on receiving six months' notice in writing, surrender this lease and all the remainder or
the term, if any, then yet to come and unexpired, as (rom the day mentioned in such notice, and
will, subject ne\'ertheless to the provisions hereinbefore contained thereupon, vacate the premises
and yield up to the Lessor the peaceable possession thereof. IT IS UNDERSTOOD that the said
six months' notice need not expire at the end o( any year or at the end o( any month. and in the
event of the day fixed for termination of the lease expiring on some other day than the last day of
a month, the rent for such month shall be apportioned for the broken period.
IT IS AGREED between the Parties hereto that in the event o( a sale of the said premises
or if the said premises be cxpropriated or condemned by any Department ot the Federal, Provincial
Commercial .Lease-Page 3.
Caf7r\I>> UtI. D,. 6 IN-. u.IUd
D,t &. O."h"... Lilll.f,d
For", 6:.0.'!.(.
Prot.CU....
l...taUadou
Dl.lre..
Tax.. _cI
Ral..
r-
HecdlDg
Acce..
VoldaDce oJ
Lecue
Vac:cmlor
Improper
u..
or Municipal Governments then the Le~r shall have .the, righ~ n~twit~~anding anything herei.n
contained to terminate this lease upon glVlng three months nottce In writing to t~e Les~ee of hIS
intention so to do or by paying the said Less= a bonus of three months' rent. In which latter
event. the Ipsee undertakes to vacate the said premises at the expiration of thirty (30) days from
the delivery of such notice. .
TIlE LESSEE agrees to pay the cos~ of any installations, addi~i~ns. or alt~ra~ions to the
said premises that the Lessor may be required to make by any Munaclpal, ProVinCIal or other
governing authority, or requested by any ~rivate protective system us~ by th~ Le~es. for the
security and protection of the Lessee and hIS employees and hiS or theIr effects mcludmg .but not
so as to limit the foregoing installations, additions and alterations for fire and theh protectaon and
all such lnstallations, additions, or alterations shall forthwith become the property of the Lessor.
AND the Lessee further covenants, promises and agrees with the Lessor that notwith.
standing any present or future Act of the Legislature of the Province of Ontario, none of the goods
or chattels of the Lessee at any time during the continuance of the term hereby created on the .said
demised premises shall be exempt from levy by distress for rent in arrean by the Lessee as prOVIded
for by the said Section of said Act, and that upon any claim being 'made for such exemption by the
Lessee or on distress being made by the Lessor, this covenant and agreement may be pleaded as an
estoppel against the Lessee in any action brought to test the right to the levying upon any such goods
as are named exempted in the said Section, the Lessee waivin$ as he hereby docs all and every
benefit that could or might have accrued to him under and by vIrtue of the said section of the said
act but {or the above covenant.
The Lessor covenants with the Lessee lor quiet enjoyment.
The Lessor further covenants with the Lessee as follows:
(a) To pay all taxes and rates, municipal, parliamentary or otherwise, including water rates
for the normal supply of cold water to the said premises, assessed a~ainst the denlised premises of
the Lessor or Lessee on account thereof saving and excepting any business taxes and taxes upon
personal property or income of the Lessee, license fees, or other taxes imposed upon the property,
business or income of the Lessee;
PROVIDED THAT;
(i) IN THE EVENT of the Lessee being assessed as a S.eparate School Supporter, and by
reason thereof the amount of the taxes payable on the said premises being increased over
the amount payable on an assessment as a Public School Supporter, then and in such event
the Lessee covenants and agrees with the Lessor to pay to the Lessor the amount of such
increase upon demand being made therefor in writing by the Lessor. It is undentood and
agreed that such increase shall be payable by the Lessee notwithstanding the fact that at
the time such demand is made, the Lessee may have ceased to be a tenant of the Lessor.
In the event of the Lessee failing to pay to the Lessor the amount of such increase upon
demand u herein provided, then the Lessor shall have the same rights and remedies for
collection thereof as for the rent in arrean.
(ii) nIE LESSEE covenants and agrees to and with the Lessor that if there shall be an
increase in municipal taxes payable by the landlord over the amount shown by the
immediately last tax bill issued by the municipality. in which the demised premises are
lituate prior to the date of this lease the Lessee wJlI pay any such increase apportioned
over the term of the within ,lease and the renewal (if any) hereinbefore provided and that
any such increase in municipal taxes shall be deemed to be part of the rent reserved here-
under and all the remedies available to the Lessor relating to rent both hereunder and at
Jaw shall apply, mutatis mutandis, thereto.
(b) To heat the said premises between the J5th day of October and the ht day of May next
ensuing in each year in such manner as to keep the said premises at a reasonable temperature for
the reasonable use thereof by the Lessee during reasonable business houn except during the making
of repairs, and in case the boilen, engines, pipes, or other apparatus or any of them used in effecting
the heating of the said demised premises shall at any time become IDcapable of heating said
premises u aforesaid, or be damaged or destroyed, to repair said damage or replace said boHen,
engines, pipes or apparatus or any of them or (at the option of the Lessor) substitute other heating.
apparatus therelor within a reasonable time, provided, however, that the Lessor shall not be liable
for indirect or consequential damages for penonal discomfort" or illness arising from any default
of the Lessor;
(c) To give the Lessee, hi. agents, clerks, servants and all persons transacting business with the
Lessee, in common with other penons, the right to enter tbe demised premises by means of the
main entrance on
and free use of the stairway and passages from the street to the said premises at all reasonable
tim~s. subject to rules and regulations in regard to the said building as may be passed from time
to time.
PROVISO for re.entry by the said Lessor on non. payment of rent or non-performance
of covenants.
IT IS FURTHER DECLARED AND AGREED that in case the said premises or any
part thereof, become and remain vacant and unoccupied for the period of fifteen days, or be used by
any other person or persons, or for :lny other purpose than as above provided, without the written
consent of the Lessor, this lease shall, at the option of the Lessor, cease and be void, and the tenn
hereby created expire and be at an end, anything hereinbefore to the contrary notwithstandinft
and the proportionate part of the current rent shall thereupon become immediately due and
payable, and the Lessor may re.enter and take possession of the premises as though the Lessee
or other occupant or occupants of said premises were holding over after the expiration of the term;
or in such case instead of d"'ermining this lease as aforesaid and re.entering upon the demised
premises, the Lessor may take possession of the demised premises, or any part or parts thereof, and
let and manage. the same and grant any lease or lea.~es thereof upon such terms as to the Lessor
or its assigns may appear to be reasonable, and demand, collect, receive and distrain for all rental
Cop"I,hl UGI. Dr. " Durham L1mll.d
Water I;IDd
Gaa DCllDage
Rlab of
laJury
Nolice 0'
Accideat
WUraDC.
Buaia...
nollo b. a
Nulal;lDce
SllJ1I
r
Eleyalor
Water
Pial.
Gla..
nr.
which shall become payable in respect thereof, and apply the, said rentals ,after deduct.iog all
expenses incurred in conne~ti?n with the demis~d premises and 10 the collection ol the said ~ent
including reasonable commission lor the collection thereof and .the m.anagement of the demised
premises, upon !he rent .hereby .reserved, .and the, Lessor and Its assigns and every such agent
acting as aloresald from time to time, shall 10 so acting be the agents ol the Lessee, who alone shall
be responsible for their acts, and the . Lessor ~nd its assigns shall not b~ ~ccountablc lor any moneys
except those actually received, notwithstanding any act, neglect, omiSSion or default or any such
agent acting as aforesaid.
AND IT IS FURTHER DECLARED AND AGREED THAT the Lessor shall not be
liable for any damage to any property at any time upon the demised premises arisin~ lrof!' ~as,
steam water rain or snow which may leak into, issue or flow lrom any part of the saId bUilding,
or fr~m the gas water ste~m or drainage pipes or plumbing works ol the same or lrom any other
place or quarte; or for 'any damage caused by or attributable to the condition or arrangement of any
electric or other wires in the said building.
The Lessee shall be liable for any damage done by reason of water being lelt running
from the taps in the demised premises or from gas permitted to escape therein.
AND the Lessor shall not be responsible for any personal injury which shall be sustained
by the Lessee or any employee, customer, or other person who may be upon the demised premises
or in the said building or the entrances or appurtenances thereto. All risks of any such injury
being assumed by the Lessee, who shall hold the Lessor harmless and indemnified therefrom.
THE Lessee shall give the Lessor prompt written notice of any accident or other defect in
the sprinkler system, water pipes. gas pipes or heating apparatus, telephone, electric or other wires
on any part of the premises.
THE Lessee covenants with the said Lessor that his said business to be so carried on in the
said building will not be of sllch a nature as to increase the insurance risk on the said premises or
cause the Lessor to pay an increased rate of insurance premiums on the said premises by reason
thereof and it is distinctly understood that in case said business so carried on by the Lessee is or
becomes of such a nature to increase the insurance risk or causes the Lessor and/or other occupants
of the said building to pay an increased rate of insurance premiums, that the Lessee will from time
to time pay to the Lessor the increased amount of insurance premiums which the said Lessor and
other occupants of the said building have to pay in consequence thereof; provided that the Lessee
covenants that he will not carry on or permit to be carried on any business in the said building which
may make void or voidable any insurance held by the Lessor or the other occupants of the said
building.
PROVIDED that the Lessee will not do or permit anything to be done on the said
premises or peooit or keep anything therein which may be annoying to the Lessor or other
occupants of the said buildmg or which the said Lessor may deem to be a nuisance and that no
machinery shall be used therein which shall cause any undue vibration in or to the said premises
and that in case of the Lessor or any other occupants of the said building reasonably complaining
that any machinery or operation or 'process is a nuisance to it or them or which causes any undue
vibration or noise in the said premISes, that upon receiving notice thereof, the said Lessee will
immediately abate such nuisance. The said Lessee covenants not to obstruct or interfere with the
rights of the Lessor or other occupants of the said building or in any way injure or annoy them
or conflict with any of the rule and regulations of the Board of Health or with any Statute or
municipal by-law.
AND IT IS HEREBY FURTHER AGREED by and between the said Lessor and the said
Lessee that no sign, advertisement or notice shall be inscribed, painted or affixed by the said Lessee
on any part of the outside or inside of the building whatever, unless of such manner, color. size and
style and in such places upon or in said building as shaJl be first designated by the Lessor, and,
furtheooore, the Lessee, on ceasing to be Lessee of the demised premises, will, before removing
his goods and fixtures from the said premises, cause any sign as aforesaid to be removed or
obliterated at his own expense and in a workmanlike manner to the satisfaction of the Lessor.
TIlE Lessor undertakes to maintain eleva.tors in said building which are to be run during
the ordinary business houn of every business day of the year, but not during public holidays or
Sundays, except at the option of the Lessor. The Lessee shall, subject to the Lessor's rules and
regulations, have (ree use of such elevaton in common with others lawfully using the same, but the
Lessee and its employees and all other persons using any such elevator shall do so at its, his, her
or their sole risk, and under no circumstances shall the Lessor be held responsible (or any damage
or injury happening ro any person whilst using such elevator, or occasioned ~ any person
by such elevator or any appurtenances and whether such damage or injury shall happen by reason
of the act, omiss.ion or negligence or. otherwise of the Lessor, or any of its employees, servants,
agents or otherwIse howsoever. .
THE Lessor agrees to pay for normal water consumed on the said premises but in the
event o( any abnoooal consumption of water either by reason of the character of the business carried
on by the Lessee or by the use of mechanical or other contrivances the Lessee consents to the
installation of a water meter at his own expense, if necessary, and (urther agrees to pay for the
excess water consumed on the said premises.
THE Lessee agrees at his own expense to replace any plate glass or other glass that has
been broken or removed during the teoo of the within lease or of any renewal thereof and will
during the said term keep the plate glass (ully insured in some company approved by the Lessor.
PROVIDED that if during the teoo herein or any renewal thereof the premises shall be
destroyed or damaged by fire or the elements then the following provisions shall apply:
(a) If the demised premises shall be so badly injured as to be unfit for occupancy and as to
be incapable of bei~g.repaired with reasonable diligence within one hun~red and twenty days of the
happemng of such lnJury, then the term hereby granted shall cease ana be at an end to all intents
-\
Commercial Lease-Pllge 5.
COPrTl,b. IHI. DI. .. Durh... LIMn...
No Abat.ment
01 R.nl
Rlgbllo
Show
Pre mi...
Nolic:.,
Oy.,
lfold.ing
\
0,. .. O...ho.... l.",i'.~
Form "O.5~'
and purposes from the date of such damage or destruction, and the Lessee shall immediately surren.der
the same, and yield up possession .of the demised premises to the Lessor, and the rent from the lime
of such sltrrender shall be apportioned; . . . "
(b) . If the demised premises shall be capable, wIth reasonable diligence, of bemg r,epaared and
rendered fit for occupancy within one, hundred and twenty days ,from the. happemng of such
injury as aforesaid, but if the damage IS such as to render the demised prem!se,s wholly u~fit for
occupancy, then the rent hereby reserved shall not run, or accrue ah,er such inJury, or while the
process of repair is going on, and the Lessor shall repaIr the same WIth all reasonable speed, and
the rent shall recommence immediately after such repairs shall be completed, ,
(c) If the demised premises shall be repaired within one hundred and twenty days as a(~resatd,
and j( Ihe damage is such that the said premises are c~pable of bein~ partially used, then untt! s.uch
damage shall have been repaired, the rent shall abate In the proportl~n that th~ part of the demised
premises rendered. unfit for occupancy bears to the whole of the del1l1sed premlscs.
THERE shall be no abatement from or reduction of the rent due hereunder, nor shall the
Lessee be entitled to damages, losses, costs or disbursements (rom the Lessor during the tenn hereby
created on, caused by or on account of fire, (except as above), water, sprinkler systems, Pilrtial or
temporary failure or stoppage of heat, light, elevator, live steam or plumbing service in or to the
laid premises or building, whether due to acts of God, strikes, accidents, the making of alterations,
repain, renewals, improvements, structural changes to the said premises or buildinKs or the equipment
..r systems supplying the said servicCJ, or from any cause whatsoever; provided that the said failure
or stoppage be remedied within II reasonable time.
TIlAT the Lessee will pennit the Lessor to exhibit the demised premises during the last
three months of the term to any prospective tenant and will permit all persons having written
authority therefor to view the said premises at all rea~onable hours.
THAT any notice which either of the parties is required or permitted to give pursuant
to any provision of this lease may, if intended for the Lessee, be given by a writing left at the
demised premises or mailed by registered mail addressed to the Lessee at the demised premises,
and if intended fOf the Lessor by a writing ,crt at the premises of the Lessor at
or mailed by registered mail addressed to the Lessor at the Lessor's said p'remises, and such notice
shaU be deemed to have. been given at the time it was delivered or matled, as the case may be.
PROVIDED further and it is hereby agreed that should the Lessee hold over after Ihe
expiration of this lease and the Lessors thereafter accept rent for the said premises, the Lessee shan
hold the said premises as a monthly tenant only of the t..cssors b~t subject in all other respec~
to the tenns and conditions of this lease.
The words importing the singular number only shall include the plural, and vice versa and
words importing the masculine gender shall include the feminine gender, and words impc;rting
penons shall include fimu and corporations and vice versa.
Unless the context otherwise req~ired, the word "Lessor" and the word '-Lessee"
wherever used herein shall be construed to include and shall mean the executors administrators
successors and/or usigns of the said Lessor and Lessee, respectively, and when there'are two or mor~
L~sseC$ ~und by Ule same covcnal\~' herein contained, their obligations shall be joint and several.
Th.e :J:,e~see shall not. permi t any person or persons to gain
acces'~. through. the demised p+emises to any portion of the
~u!ldi!lg of. which the demised 'premises form a part.
The Lessee shall be responsible for snow removal and provision
of all leasehold improvements.
IN WITNESS WHEREOF the parties hereto have executed these presents.
THE CORPORATION OF THE TOWN OF
.~ NEW STLE
pe~~~~
ayor
-/-~~~
)
)
)
)
)
)
)
)
)
)
)
~-~~""~~ )
"\, , '\ )
,~ )
~.. 1 ness )
~"d:""\ ~oA - ~~)
~-~, ~
.~', ok~
Jltness ___m..... -- )
SIGNED, SEALED AND DELIVERED
In the presence of
ORONO SHOWCASE CO-OPERATIVE
Per: 3/-~ld &4YLU/
?I -1 . /'
. .ff6k;U! J;:U7'ce~
C/ Treasurer
,1
LUhn~~et:::f::rr
Commercial Lease-Page 6.
Cop,rlab& nit. Dy. " Durb&m L1mllod
Dy. & O.rhom li..iled
Form 'iO.UI
SCHEDULE OF RULES AND REGULATIONS FORMING PART OF THE WITHIN LEASE
I. Th~ aldew.lke. entr.nce.; el"".toro. .Ialrw.)'. .nd eorrldo", ol th~ bulld'n.. .hall not "" olntructed b)' an)' ten.nto or uaed
b,. them for an)' other purpoee than for In..r.... and e..re.. to and lrom their re.pectlve officea. and no tenlllllt .h.1I place or allow to ""
placed In the h.llwa,.. eorrldoro or alalrwa)'a any wute p.per. du.t. prba..e. refute or any thin.. whatner that ah&ll tend to m.ke
th~m .ppear uncl~an. unUdy or IlIthy;
2. The llooro. .k)'.II..hta and window. th.t rellect or admit lI..ht Into p......ew.,.. or Into .ny place In the Mid bulldln..
.hall not be covered or obotructed by .ny of th~ ten.nta. and no awnlnp .h.1I be put over any window; the w.ter cloacta and other w.ter
appafatu. .hall not be uaed for any purpoee other than tho.., for which the, w~re con.tructed. and no .weepln.... rubbl.h. ra.... ..hea or
other .ubltance .hall be thrown therein. and an, d.map reaultln.. to th~m from ml.uae .hall be bome by the tenant II)' whom or by
whOle emplo,ee the d.m...e w.. cauaed.
a. All window .I..n.. I..terlor .1..... and .1..... on ..I... doo", mUll be approYed In wrlUn.. b)' the Leoaor ""fore tbe ~. enp....
a .1.... contractor to paint Mid .1...... .nd all .uch .1..... allall be painted In the lonn prnloualy 10 approved by the Le....r.
4. In the eYent that tbe Leoaor provldeo .nd In.IaIl. a Publlo Directory Board In.lde the m.ln entrance to the bulldln... the
tena..t'. or ten.nta' name or n.me. .haD be placed on th~ Mid Board at the e"pen... of .ucb ten.nt or tenanta. aame to be char..ed
to tbe tenant or tenanta In the mon\.h'. bill lor rent nut nnd~red. and .hall "" rceoverable .. rent,
i. If any .1..... .dvertl..,ment or noUce .haD .... InlCrlbed. painted or affi"ed by the Leuee on or to a..y part ol the Mid bulldln..
whatever. then the Leoaor .hall "" at llbert)' to enter on Mid pnml_ and pull down and lake aw.y any .uch Ii..... advertleemeDt or
notice. and the upen.. thereof ahall "" pQ'abl~ by the Le._.
S. If II)' r......n ol any alteration. which the Leuee may make or may permit to .... mad~. with or without th. conaant
of the Leoaor. to .ny part of the demlaed pr_l.... or to an)' lI"ture. In th. domloed preml..... the addition of .ny equipment or the
u.., of .ny m.terl.1 which the Le....... 110 emplo)'eeI or other perlOn. permitted by th~ Leuee to be on the premloea m., "ee or keep In
the Mid pr.ml..... or .ny chanllC In the type of occupancy ol the deml.ed preml.... which th. Leo.ee may make or permit to be made.
there I. an)' Incr_ In the In.ur.nc~ premium. pa)'abl. by the Le.lOr on any lire In.ur.nce whIch ma, be In e<<ect or which the Leuor
m., hereafter pia"" upon the buildln.. of which the demloed preml.81 form .. p.rt, \.he Leuee 'lITCC' to p., to the Leuor the amount
of .uch Incree..,. .nd the p.rtle. ...ree \.hilt . .Iatament by th. In.uranee broker of the Leuor of the amount of .uch Incr_ .hall be
IInal .nd blndln.. "POll the p.rtlee.
't. No Mfea. m.chlnery. equipment. h...., merch.ndl.. or an)'thln.. lI.bl. to Injure or deetroy .n, P.rt of the bulldln.. aha"
be Iaken Into It without the conoent of the Leuor In wrltln... .nd \.ha Leuor ah.1I In all c.... retain the power to limit tha wel..ht IIIId
Indicate the pl.ce where .uch Mfe or the like I. to ltand. and tha coat of np.lrI.... .ny .nd .11 dam...e done to the bulldlntr by takln..
In or puttln.. out .uch .ate or the like or durin.. the time It I. In or on the preml..,.. .h.1I be paid for on demand b)' th. ten.nt who 10
caUl.. It. No tenant .hall load any lIoor l>e7ond Ita r_nabl. wel..ht carryln.. capacity .. e<< for\.h In the municipal or other __
applicable to the bulldln...
8. In order that the demloed preml_ m., be kept In a llOod ltata ot pr_natlon .nd eleanlln.... 'he tenant lhall durin. the
conUnuance of Ita 1_ pennlt the janitor or caretaker of th. Leuor to take eharee of and clean the demloed preml....
II. No ten.nt .hall emplo)' any p.non or perlOn. other \.han the janitor or caretaker ol the Leoaor for the purpOM of weh
clean In.. or of takintr eha....e o( Kid preml_ It beln.. undenlDod and .a-reed th.t the LeolOr ahall .... In no wl.e re.pon.lble to any tenant
(or any I"". of property from the demloed preml..... howenr oeeurrln... or Ilny dama,. don. to tha furniture or o\.her ellceta of any tenant
b, the janitor or canlaller or any ol Ita .mplo,....
10. The Leuor .hall h.ve the rllrht to enter tbe demloed premlte. at realOn.ble houre In the d.y to e"amlne the Mm~ or to mall.
.uch repair. .nd .Iteratlona a. It .h.1I deem neceooary (or the Mfely .nd preeerv.Uon of the bulldln... .nd .Iao durlnlr the three montha
prevlou. to the uplratlon of the Ie... ol the deml.ed preml.... to exhibit the Mid premloea to be let and put upon them Ita \llual notice
"For Rent". whleh Mldnotlee .hall not be r_ed II)' .n, tenant.
II. Nothln.. .hall be thrown b, the tenanta. th.lr cler'" or oervanta. out of the window. or doo", or down the p_..ee and
.ky.llehta of tbe bulldln...
12. No animals .hall be kept In or about the preml_
ts. It the Leuee deolr" telell'r&ph or telephone. c.1I bell or other prlv.te .1.....1 eonnectlon.. the Leuor re...rveo the rllrht to
direct the electrician. or other workmen .. to where and how the wire. are to be Introduced. and without .uch direction. no borln.. or
cultln.. for wire. .h.1I take place. No other wlree of .n, kind .hall be Introduced wl\.hout the written conoent of th. Leuor.
14. No on. ah.1I _ the leaaed praml_ for .Ieepln.. ap.rtmenta or roaldentl.1 pur_
16. Ten.nte and their employeea ahall not make or commIt .n, ImproPer noI... In the bulldlne. or In any wa, Interfera wIth or
anno, other tenant. or thoae ha.ln.. bUlln... wl\.h them.
18. All ten.nte mUlt <>bee",e .trlct can not to allow their window. to remain open 10 .. to admit r.ln or mow. or 10 .. to
Interfer~ with the heatln.. of the bulldln... The tenant. ne..lectln.. thl. rula will be reopon.lble for an)' Injury e.ueed to the property o(
other tenanta or to the property ot the Leaaor b, .ueh earel...n.... Th. Leeaee. when eloaln.. ofllc:ea for bu.ln.... day or e..nlne. .h.1I
cloae all window. and lock aU doo",.
1'1. The Leo.... ........ not to pl... any addltlon.1 Ioc... upon any doo", of the demleed preml.e. .nd not to permit any duplicate
keJ'l to be made there(or; but to uae only additional key. obtained from \.ha Leuor. at the expen... of the Le..... and to .urrender to
Leoaor on the term....atlon of the I..ee all ke,. of tha Mid premlee..
18. The Leeaee .h.1I ..lye to the Leaaor prompt written notice o( an, .uldent or .n, defect In tha watar plpee. .... plpa, heatlne
.pparatu.. telephone or electric lIeht. or other wlreo In any part of aa1d bulldln...
ltI. No Inllammable 011. or o\.her Inftammable. dan..ero... or upioaln materials ahall be kept or parmltted to be kept In the
deml'" praml_
20. Th. earetaker will have. cbar1re of all r.dl.tore and will ",,,a all Information for the m.napm...t of the Mme. and tha
r-- r- allall ",n to the Leuor prompt wrlttan notice of an, accld.nt to or c1efecta In the water pip.,. or heaUn.. apparatua.
21. No hlc:yelee or o\.her nhlelee ehall be bro....ht within the bulldln.. or upon the Leuor'. propert" Includln.. any Ian. or
eourtyard.
22. Nothlntr .hall "" pl.ced on the out.elde of window. or proJec:Uon. ol th. demloed preml_ No alr-eondltlonlnc equlpmant allall
be p~ at tha window. of \.he demloed preml_ without the conaent In wrlUn.. of tbe IAuor.
II. Spl..... boo.... nal'" acre... or bobe ehall not be put Into the walla or woodwork.
24. No frel..bt, furnIture or p.eka.... will be reeelftd In the bulldlne or carried up or down
and I p.m.
8 a.....
In the elevator betw..n the houre of
25. All &'1.... Ioc... and trlmmln... In or upon the doon or window. of the demloed preml... .h.1I be kept whole and when...er any
part thereof .hall become broken. the .....e .hall be Immedlatal, repl.ced or repaired under the direction and to the MtI.f.ction of \.h.
Leuor, and .uch repl.cemenh and repaln .hall be p.ld for by the Leuee. .
28. No he..., equipment of .ny kind ahall be moyed within the bulldln.. wIthout .IUde beln.. placed under the Mma. and without
the coneent of the IAuor In wrltln...
21. Any .lteratlon.. .ddltlon.. renew.l. or ehantr... made In th. p.rtltlon. or dlvl.lon. of the room. or linoleum f100re durin.. the
currency of thl. leaee .hall. If m.de .t the requeat of the Leuee. be don. b, the Leuor at the upen... of the Leuee. and .b.1I be .ubJect
to \.he appronl In wrltlntr .nd direction of the Leuor.
28. The LellOr .hall not be lI.ble (or any damap to ""y property .t .ny time on the demleed premloea. nor for the theft of .ny
of the Mid propert)'. nor .h.1I It be lI.ble for .n eacape or leakap of .moke. "". w.ter. rain or .no.... how_ver eauaed. nor for an)'
.uldent to the property of tha Leeaee.
211. An, penon enterin.. upon the roof of the bulldlne doe. 10 at hi. own rl.k.
30. The Leuee .hall not enter Into any eontract with any perlOn or penon. or eorpor.tlon. for the purpo... of .uppl)'lntr towel..
IOIP or Mnllary .upplle., etc.. Ice or .prlntr water. unle.. the Mid penon or perlOn. or eorpor.tlon. aeree th.t the Ume and place ol
delivery of .uch .rtlcleo .nd \.he elev.tor aervlc. to be uaed In eonnectlon therewith .hall be .ubJect to .uch Mlle. .nd r....l.tlon. ..
the Leuor ma, from time to time preacrlbe.
al. Tenanta. their .pnte .nd employ... .h.1I not take lood Into the el~vator or Into public or nnted portion. of tha bulldln.
un.... .uch food I. carried In conred r_placlee approYed by tha Leuor In wrlUn...
U. Tha IAuor reee"," the rleht to ....trlct the _ of tha demloed proml_ to \.h. I..eee and/or Ita employ_ altar I p.m.
aa. No ten.nt .h.1I make a door.to-door can...... of the build In.. for the purpoae of Mllln.. any producta or ee"l_ to the other
tenanta wltJlout the written co_nt ol tbe Leuor,
14. No tanant allall be permitted to do _ldn.. 01' to operata _IU.... apparatUl uccpt In a portion of the bulldln.. rented for the
p,",--
16. The Leuor .h.1I h.n the rI..ht to make &\Icb other and lurther r........ble ruleo and rell\ll.Uon. .nd to altar. .mend or
canc~1 .11 Mlleo .nd r~llUlaUon. u In Ita Jud.....ent ma, from time to time be needed for the Mfet)'. care and cle.nlln... of the bulldlnlf ...d
for the prewervaUon o( Jrood order therein and \.he ...... .hall be kept and ob...rved b, the tenant.. their clerq .nd lO",anta. The IAuor
may from Ume to time walft an, of .ueh rul.. and rquJatlona .. appUad to particular tenanta and I. not lI.ble to the Lauaa for breachea
the~f by other tenanta.
DATED
November 6th
1985
.
THE CORPORATION OF THE TOWN
OF NEWCASTLE
- and -
ORONO CO-OPERATIVE SHOWCASE
COMMERCIAL LEASE