HomeMy WebLinkAbout83-51
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AMENDEO BY
BY-LAW,9.1..:9f.L
AMENDED BY ~ L::
q'l - !:::>J
BY-LAW #J.it........ll
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 83-51
being a by-law to authorize the execution
of a Lease Agreement between The Corporation
of the Town of Newcastle and the Orono Downtown
Business Improvement Area Board of Management
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
Seal, a Lease Agreement between The Orono Downtown Business Improvement
Area Board of Management and The Corporation, for the premises known as
The Orono Hydro Electric Building, Orono, Ontario, dated the Twenty-Eighth
Day of February 1983, which is attached hereto as Schedule IIAII.
By-law read a first and second time this 28th day of March 1983.
By-law read a third and final time this 28th day of March 1983.
//
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/' .yg ~-<-L<-/
Mayor /
Seal
~~
Clerk
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--
CQjllmercial Lease.
Copyrlaht 19G4, D)', " Durham JJmltecl
4
~ ~XJb'
Oy. & Durham limited, Toronto
Printen to the Legal Prof.ssion
Form 650-656
,
1this ~ndrnturr
made the 28th day of February,.
one thousand nine hundred and eighty-three.
In ~ursuante of tbe &bort :Jf orms of '}leases ad
Jiettueen
THE CORPORATION OF THE TOWN OF NEWCASTLE,
. ,
hereinafter called the "Lessor"
OF THE FIRST PART
- and -
ORONO DOWNTOWN BUSINESS IMPROVEMENT
AREA BOARD OF MANAGEMENT,
~ ~
hereinafter called the "Lessee"
OF THE SECOND PART
Pre..u.e.
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 performed, the said
Lessor has demised and leased and by these presents doth demise and lease unto the said Lessee
ALL THOSE CERTAIN PREMISES excluding any part of the external walls known
andd~ribedas a portion of the Orono Hydro Electric Building
shown in red on schedule attached hereto.
Term
TO HAVE AND TO HOLD the said demised premises for and during the term of
to be computed from the 1 s t day of Ullrch J LI L Y
and from thenceforth ensuing and to be fully completed and ended on the 31 s t
day of December 19 84
1983
Rental 'fIELDINC AND PAYINC THEREFOR yearl} and every 'Year dtil'lng the satd tefJR
hereby grant, he said Lessor, the sum of
per annum, payable at par at in equal monthly instalments of
each in
uay of each and every month during the said
day of
the
ent to be made on the
Buline..
Tczxel
AND to pay all business taxes in respect of the business carried on by the Lessee in and
upon or by reason of their occupancy of the premises hereby demised;
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Page 2 (a)
YIELDING AND PAYING THEREFOR during the months of llaI:Gh, April.,
Hay, Jl1rle, July, August, September, October, November and December
in the year 1983 the sum of $125.00 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 March, 1983; and thereafter during
the months of January, February, March, April, May, June, July,
August, September, October, November and December, 1984 the sum
of $140.00 each in advance on the 1st day of each and every month
during the said term.
The said Lessee covenants with the said Lessor to pay rent.
>.
Conllllcl't:inl Lcasc-Pagc 2.
Dye &. Durhom l"',d",d
Form 6;-,0.6;".6
Repair
eop)Ti.ht HICI. 1>,.. Ie I>urbanl Llmltfll
Assignment
BusinelS
Fixtures
Elec:tric:
Power
Alterations,
Partitions,
Elc:.
BankruplC:y
or
Insolvenc:y
Rules and
Requlations
Remodel1lnq
and Sale
AND to repair (reasonable wear and tear, and damage hy fire, lightning and tempest only
excepted) ;
AND that the said Lessor may enter and view state o~ repair;
AND that the said Lessee will repair accordin~ tn notice in writin~ (reasonable wear and
leal' and damage by fire, lightning and tempest excepted):
AND that they will leave the premises in ~o()d n'pair (n'asoll:lblt, we:lr :lnd tear and
dam:lg(' by fil'<.', li~htllin~ :lnd temp('st only excepted):
AN)) will not assign 01' sub-let the wholc or .IllY part of th(' dClllised premises withou.t leave;
Ihe Lessee h<.'l'ebv waives and I'('nounces the beneHt of :IllY present 01' future act of the Legislature
of Olltal'io whidl would allow the Lesse(~ to assign or sub-I('t this Icasl', without leave of the Lessor.
AND the said Lessl'e covenants with the said Lessor, its successors amI assigns:
\:1) THA T the said demised premises will not, during the said terlll. he :It any time used for any
otlwr purpose than that of
(b) 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 hereby demised or at any time
thereafter without the written consent oC the Lessor, its successors or assigns, being first had and
obtained, until all rent in arrears as well as all rent to become due during the remainder oC the term
. hereby granted shall have been fully paid, or the payment thereof secured to the satisfaction of the
Lessor or its assigns,
(c) THAT the Lessee will not, during the said term or at any time pdor or subsequent thereto,
purchase, acquire or use any electric current for lighting 01' other purposes except from the company
or corporation which shall for the time supply the Lessor with electric current for such purposes in
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,
(o-!- ---'rHS-L-essee-herebr ecnremmts ~l'araH-charges-Ce1~li.te-flftet'gy-fC&~Hgft,"~'.ri
oft Ad- gos ~~-br~fle-l:,es!Ce'~ the -de",i5e&-~eIMi&o&,-
(e) THA T if the Lessee shall during the said term desire to affix or crect partitions, counters
or fixtures in any part of the walls, floors or ceilings of the demised premises, it may do so at its own
expense at any time and from time to time provided that the Lcssee's rights to make such alterations
to the dcmised premises shall be subject to the (ollowing conditions:-
( I) THAT before undertaking any such alterations, the Lcssee shall submit to the Lessor a
plan showing the proposed alterations and shall obtain the approval and consent of the
Lessor to the same,
(2) THAT all such alterations shall conform to all building by-laws, if any, then in (orce
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 are 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 oC any partitIons or fixtures, without the written consent of the Lessor being
first had and obtained.
(g) THAT, at the expiration oC the term hereby granted, or any renewal thereof, all fixtures
belonging to the Lessee 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 Crom 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 01' 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 Cor the benefit of creditors or shall
become bankrupt or insolvent, or make a proposal to its creditors, or without the consent of 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, the 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 includin~ the rules and regulations set forth in Schedule "A"
hereto and o( which the Lessee shall be notified, such rulcs and regulations being deemed to be
incorporated in and (orm part of these presents.
(j) THA T, in the event of 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
Lessce will on receiving six months' notice in writing, surrender this lease and all the rcmainder of
the term, if any, then yet to come and unexpired, as from the day mentioned in such notice, and
will, subject nevertheless 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 of any year or at the end of any month, and in the
event of the day fixed Cor termination oC the lease expiring on some other day than the last day of
a month, the rent Cor such month shall be apportioned for the broken period,
IT IS AGREED between the Parties hereto that in the event of a sale of the said premises
or if the said premises be expropriated or condemned by any Department of the Federal, Provincial
Commercial Lease-Page 3.
cGPmlb& INt. D,. " Durbaa LIIIlI&ed
Dy. & Durham L;m;l.d
Form 6:.0..65(;
Prot.cU..
Inalcdlation.
Di.Ir...
Tax.. cmd
Rale.
Heating
Acce..
V oiclance of
Lease
Vaccmt or
Improper
U..
or Municipal Governments then the Lessor shall have the right notwithstanding anything herein
contained to terminate this lease upon giving three months' notice in writing to t~e Les~ee of his
intention so to do or by paying the said L~ a bonus of three months' rent, m which latter
event, the ~ undertakes to vacate the said premises at the expiration of thirty (30) days from
the delivery of such notice.
THE LESSEE agrees to pay the cost of any installations, additions, or alterations to the
said premises that the Lessor may be required to make by any Municipal, Provincial or other
governing authority, or requested by any private protective system used by the Lessees, for the
security and protection of the Lessee and his employees and his or their effects including ~ut not
so as to limit the foregoing installations, additions and alterations for fire and, theft protectIon and
all such installations, 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 arrears 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 waiving as he hereby does 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 for the above covenant.
The Lessor covenants with the Lessee for 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 demised 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 THA Tj
(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 understood 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 as. herein provided, then the Lessor shall have the same rights and remedies for
collection thereof as for the rent in arrears.
(ii) THE 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
situate prior to the date of this lease the Lessee will 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
law shall apply, mutatis mutandis, thereto.
(b) To heat the said premises between the 15th day of October and the 1st 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 hours except during the making
of repain, and in case the boilers, engines, pipes, or other apparatus or any of them used in effecting
the heating of the said demised premises shall at any time become mcapable of heating said
premises as. aforesaid, or be damaged or destroyed, to repair said damage or replace said boilen,
engines, pipes or apparatus or any of them or (at the option of the Lessor) substitute other heating'
apparatus therefor within a reasonable time, provided, however, that the Lessor shall not be liable
for indirect or consequential damages for penonal discomfort' (lr illness arising from any default
of the Lessor; ,
(c) To give the Lessee, his agents, clerks, servants and all persons transacting business with the
Lessee, in common with other persons, the right to enter the 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
times, subject to rules and regulations in regard to the said building as may be passed from time
to time.
PROVISO for re.ently 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 :1Oy 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 term
hereby created expire nnd be at an end, anything hereinbefore to the contrary notwithstandin~
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 dl"termining 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 :my 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
COP1rl,ht 196t. Dr. " Durham Limited
"\,nlll \J.nJ.!,..I;
Water and
Gcu Damag.
Blab of
InJury
Nolic. of
Accid.nt
In.uranc.
Bu.in...
not to b. a
Nul.anc.
Sign
EI..,ator
Wat.r
Plat.
Gla..
Fir.
which shall become payable in respect thereof, and apply the said rentals. after deduct!ng all
expenses incurred in connection with the demised premises and in the collectIOn of the said ~ent
including reasonable commission for the collection thereof and .the m.anagement of the demised
premises, upon the rent hereby reserved, and the Lessor and Its assigns and every such agent
acting as aforesaid from time to time, shall in so acting be the agents of the Lessee, who alone shall
be responsible for their acts, and the Lessor and its assigns shall not be accountable for 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 shaH not be
liable for any damage to any property at any time upon the demised premises arising from gas,
steam. water, rain or snow, which may leak into, issue or flow from any part of the said building,
or from the gas water, steam or drainage pipes or plumbing works of the same or from 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 left 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 such 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 pennit 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 {>rocess 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 nile 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 shall be first designated by the Lessor, and,
furthennore. 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.
THE Lessor undertakes to maintain elevators in said building which are to be run during
the ordinary business hours 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 free use of such elevators in common with others lawfuHy 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 for any damage
or injury happening to any person whilst using such elevator, or ocCasioned to any person
by such elevator or any appurtenances and whether such damage or injury shall happen by reason
of the act, omission 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 of any abnonnal 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 further 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 term of the within lease or of any renewal thereof and will
during the said tenn keep the plate glass fully insured in some company approved by the Lessor.
PROVIDED that if during the term herein or any renewal thereof the premises shall be
destroyed or damaged by fire or the elements then the following provisions shaH apply:
(a) If the demised premises shall be so badly injured as to be unfit for occupancy, and as to
be incapable of being repaired with reasonable diligence within one hundred and twenty days of the
happenmg of such injury. then the tenn hereby granted shall cease and be at an end to all intents
"'
Commercial Lease-Page 5.
Copyrl.h& 190', Drl .. Durham Limited
07' & Durham Li,nil.d
Form 660-656
No Abatement
of Rent
Right to
Show
Premi.e.
Notice.
0....,
Holding
and purposes from the date of such damage 0: destructi?n, and the Lessee shall immediately surre~der
the same, and yield up possession .of the demised premises to the Lessor, and the rent from the time
of such sQrrender shall be apportioned; . . . ..
(b) . If the demised premises shall be capable, With reasonable dlhgence, of bemg r.epaued 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 premises wholly unfit for
occupancy, then the rent hereby reserved shall not run or accrue after 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 aforesaid,
and if the damage is such that the said premises are capable of bein~ partially used, then until such
damage shall have been repaired, the rent shall abate in the proportion that the part of the demised
premises rendered unfit for occupancy bears to the whole of the demised premises.
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 from the Lessor during the tenn hereby
created on, caused by or on account of fire, (except as above), water, sprinkler systems, partial 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,
repairs, renewals, improvements, structural changes to the said premises or buildin~s or the equipment
or systems supplying the said services, or from any cause whatsoever; provided that the said failure
or stoppage be remedied within a reasonable time.
TIIAT 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 reasonable 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 for the Lessor by a writing left at the premises of the Lessor at
or mailed by registered mail addressed to the Lessor at the Lessor's said premises, and such notice
shall be deemed to have been given at the time it was delivered or mailed, as the case may be,
PROVIDED further and it is hereby agreed that should the Lessee hold over after the
expiration of this lease and the Lessors thereafter accept rent for the said premises, the Lessee shall
hold the said premises as a monthly tenant only of the Lessors but subject in all other respects
to the tenns and conditions of this lease.
The words importing the singulal' number only shall include the plural, and vice versa and
words importing the masculine gender shall include the feminine gender, and words impdrting
persons shall include firms and, corporations and vice versa.
Unless the context otherwise required, the word "Lessor" and the word "Lessee"
wherever used herein shall be construed to include and shall mean the executors administrators
successors and/or assigns of the said Lessor and Lessee, respectively, and when there'are two or mor~
Lessees bound by the sanie covena~ts herein contained, their obligations shall be joint and several.
Tn.e, J:,e~'$'ee" s'ha.ll not. permit any person or persons to gain
ae.ce"' tfu:ough.' the demtsed pJ;emises to any portion of the
t>u~ldt~g of' which th,e 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
presenl:s.
SIGNED, SEALED and DELIVERED
In the presence of
)
)
)
)
)
)
)
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~ ORONO DOWNTOWN BUSINESS IMPROVE-
) MENT AREA BOARD OF MANAGEMENT
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THE CORPORATION OF THE TOWN
~,AST,q
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'1Mryorl
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( lerk)
C~mmereial Lease-Page 6.
Cop7rlcht 1944, 1>y. a: Durham LlmUed
Oy. & Durham limit.d
Form 860-858
SCHEDULE OF RULES AND REGULATIONS FORMING PART OF THE WITHIN LEASE
1. The sidewalks._ entrances; elevators. stairways and corridors of. the buil~ing shall not be obstructed by any tenants or used
by them for any other purpose than for inlrl'.... and elrl'ess to and from their respective offices, and no ten...t shall place or allow to be
placed in the hallways. corridors or stairways any waste paper, dust, garbage, refuse or any thing whatever that sh&ll tend to make
them appear unclean. untidy or filthy;
2. The lIoors. sky-lights and windows that rellect or admit light Into passageways or into any place In the said building
shall not be covered or obstructed by any of the tenants. and no awnlnp shall be put over any window: the water closets and other water
apparatus shall not be used tor any purpose other than those for which they were constructed, and no sweepings, rubbish. rags, ash.. or
other substance shall be thrown therein, and any damage r..ultlng to them from misuse shall be bome by the tenant by whom or by
whose employee the damage was caused.
3. All window signs. Interior signs and sllrDs on glass doors must be approved In writing by the Lessor before the Lessee engag..
a sign contractor to paint said signs. and all such signs shall be painted In the form prevlousl,. so approved b,. the Lessor,
4. In the event that the Lessor provides and Installs a Public Directory Board Inside the main entrance to the building. the
tenant's or tenants' name or names shaD be placed on the said Board at the expense of such tenant or tenants, same to be charged
to the tenant or tenants In the month's bill for rent next rendered. and shall be recoverable a. rent.
6, If an,. .Ign, advertisement or notice .hall be Inscribed, painted or affixed by the Lessee on or to an,. part of the said building
whatever, then the Lessor shall be at libert,. to enter on said premises and pull down and take awa,. any such sign. advertisement 01'
notice, and the expense thereof shall be payable b,. the Lessee.
8, If by reason of any alteration. which the Lessee may make or may permit to be made. with or without the consent
of the Lessor. to any part of the demised p~lses or to any fixture. In the demised premises. the addition of any equipment 01' the
use of any material which the Lessee, Its employee. or other persons permitted by the Lessee to be on the premises may use 01' keep In
the said premises. 01' any change In the type of occupancy of the demised premises which the Lessee may make 01' permit to, be made,
there Is any Increase In the insurance premiums payable by the Lessor on any fire Insurance which may be in effect 01' which the Lessor
m&7 hereafter place upon the building of which the demised premises form a part, the Lessee alrl'ees to pa,. to the Lessor the amount
of such Increase. and the parties alrl'ee that a statement by the Insurance broker of the Lessor of the amount of such Increase shall be
final and blndlng UPOlll the parti..,
7, No ut... machinery, equipment. heaV)' merchandise 01' anything liablll to Injure or d..troy any part of the bulldlng shall
be taken Into it without the consent of the Lessor In writing. and the Lessor shall in all C&SelI retain the power to limit the weight ...d
Indlcate the place where such safe or the like I. to stand, and the coat of repairing any and all damage done to the bUilding by taking
in or putting out such safe 01' the like or during the time It Is In 01' on the premises, .hall be paid for on demand by the tenant who so
causes It, No tenant shall \oed any lIoor beyond Its reasonable weight carrying capacity as .et forth In the municipal 01' other codes
applicable to the building.
8, In order that the demised premises may be kept In a good state of preservation and cleanlin.... the tenant .hall during the
continuance of Its lease permit the janitor or caretaker of the Lessor to take charge of and clean the demised premises.
9. No tenant shall employ any penon or penon. other than the janitor or caretaker of the Lessor for the purpose of such
cleaning or of taking charge of said premlaea. It being understood and agreed that the Le880r shall be In no wise re.pon.lble to any tenant
for any loss of property from the demised premises. however occurring. or any damage done to the furniture or other effects of any tenant
by the janitor or caretaker or any of its employees.
10. The Lessor shall have the right to enter the demised premises at reasonable hours In the day to examine the same or to make
such repairs and alterations as it shall deem necessary for the safety and preservation of the building. and also during the three months
previous to the expiration of the lease of the demised premises. to exhibit the said premises to be let and put upon them Its usual notice
"For Rent". which said notice .hall not be removed by any tenant.
11. Nothing .haIl be thrown by the tenants. their clerks or servants, out of the window. or doors or down the passages and
sky-lights of the bulldlng.
12, No anlmala shall be kept In or about the premises,
13. If the Lessee desires telegraph or telephone. call belloI' other private sllrDal connection.. the Lessor reserves the right to
direct the electricians or other workmen as to where and how the wires are to be Introduced, and without such directions no boring or
cutting for wires .hall take place. No other wlr.. of any kind shall be Introduced without the written con.ent of the Le.sor.
14, No one .hall use the leased premises for sleeping apartments or residential purposea,
16. Tenants and their employees shall not make or commit any improper noise In the building. or In any way Interfere with or
annoy other tenants or those having buslneas with them,
18. All tenants must observe .trlct care not to allow their windows to remain open so as to admit rain 01' snow, or so as to
Interfere with the heating of the bulldlng, The tenants neglecting this rule will be r..pon.lble for any Injury caused to the property of
other tenants or to the property of the Lessor by such careleuness. The Leuee, when closing offices for buslneu, day or evening, shall
close all windows and lock aD doors,
17. The Lessee agrees not to place any additional locks upon any doors of the deml.ed premises and not to permit any duplicate
keya to be made therefor; but to use only addltlonal keys obtained from the Le880r. at the expense, of the Lessee, and to .urrender to
Lessor on the termination of thd lease all keys of the said premise..
18, The Leasee shall give to the Lessor prompt written notice of any aecldent or any defect In the water pip.., gas pipe.. heating
apparatus. telephone or electric light, or other wlr.. In any part of said bulldlng.
19. No inllammable olla or other Inftammable. da!lgerOus or explosive materials shall be kept or permitted to be kept In the
demised preml...,
20, The caretaker will have. charge of all radiators and will give all Informatlo!l for the management of the same. and the
Lessee shall give to the Lesior prompt written notice ot any accident to or defects in the water pipes or heating apparatus,
21. No blcycl.. or other vehicles shall be brought within the buildIng or upon the Lessor's property. Includlng any lane or
courtyard.
22. Nothing shall be placed on the outslde of windows or projections of the demised premises. No air-conditioning equipment shall
be placed at the windows of the demised premises without the consent in writing of the Lessor.
23. Spikes, hooks. nalla. screws or knobll shall not be put Into the walls or woodwork.
24. No freight, furniture or packag.. will be received In the bulldlng or carried up or down In the elevator between the hours of
8 a.m. and 8 p.m.
26. All glas., locks and trimmlnp In or upon the doon or windows of the demised premises shall be kept whole and whenever any
part thereof shaD become broken, the same shall be Immediately replaced or repaired under the dlrectlon and to the satlafactlon of the
Lessor. and such replacements and repairs .hall be paid for by the Lessee.
.
28. No heaV)' equipment of any kind shall be moved within the building without skida being placed under the same, and without
the consent of the Lessor In writing.
27, Any alterations. addltlon., renewala or changes made In the partitions or divlalon. of the rooms or linoleum lIoors durinI' the
currency of thl. lease .haIl. If made at the request of the Lessee. be done by the Le880r at the expense of the Lessee, and shall be subject
to the approval In writing and dlreetion of the Lessor,
28. The Le.sor shall not be liable for any damage to any property at any time on the demIsed premises. nor for the theft of any
of the said property. nor shall It be liable for an escape or leakage of .moke, gas, water, rain or .now, howsoever caused. nor for any
accident to the property of the Lessee.
29, Any person entering upon the roof of the building doe. so at his own rl.k.
30, The Lessee shall not enter Into any contract with any person or penons or corporations for the purpo.e of suppl)'lng towel.,
soap or sanitary .upplies, etc.. Ice or spring water. unless the said penon or penons or corporation. agree that the time and place of
delivery of such artlcl.. and the elevator service to be used In connection therewith .hall be subject to such rule. and regulations as
the Lessor may from time to time prescribe.
31. Tenants. their agenta and employees shall not take food Into the elevator or Into public or rented portions of the building
unless .uch food Is carried In covered receptacl.. approved by the Lessor In writing.
32. The Lessor reserv.. the right to :reatrict the use of the demised premises to the Lessee and/or Its employees after 6 p.m,
33, No tenant shall make a door-~r eanvass of the building for the purpose of selling any products or service. to the other
tenanta without the written consent of the Lessor,
84. No tenant shall be permitted to do cooking or to operate cooking apparatus except in a portion of the building rented for the
purpose.
86. The Lesior shall have the right to make such other and further reasonable ruI.. and regulations and to alter. amend or
cancel all rules and regulations u In its judgment may from time to time be needed for the safety. care and cleanliness of the bulldlnlf and
tor the preservation ot good order therein and the same .hall be kept and observed by the tenants, their clerka and servants, The Lessor
may from time to time waive any of such rulea and regulations .. applied to particular tenants and is not liable to the Lessee for breaches
thereof by other tenants.
~
DATED
February 28th
1983
THE CORPORATION OF THE TOWN
OF NEWCASTLE
- and -
ORONO DOWNTOWN BUSINESS IMPROVEMENT
AREA BOARD OF MANAGEMENT
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Sims, Brady & McInerney
Barristers & Solicitors
117 King Street
Whitby, Ontario
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