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HomeMy WebLinkAbout78-28 . . .. .0. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO. 78-28 being a by-law to authorize the Town to enter into an agreement with Her Majesty, the Queen, as represented by the Minister of Government Services for the Province of Ontario The Council of the Corporation of the Town of Newcastle enacts as follows: 1. The Mayor and Clerk be authorized to execute under the Corporate Seal of the Town of Newcastle, an Agreement in the form annexed hereto as. ~.schedule"A". READ A FIRST, SECOND AND THIRD TI~m and finally passed this 10th day of April, 1978. G. B. Mayor SEAL J. H. Clerk .;1'- , @ Ontario . Ministry of Government Services Area code 416 Telephone Ferguson Block Queen's Park Toronto Ontario 965-4777 M7A lN3 REALTY SERVICES BRANCH 13th Floor 78 05 01 REGISTERED Corporation of the Town of Newcastle 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: Mr. K. Degroot Gentlemen: . Re: Ministry of the Attorney General Offer to Renew Lease Provincial Court, Police and Fire Building Church Street, BOWMANVILLE Our File: L-1739 I wish to advise you that your Offer to nenew Lease dated April 11, 1978, in the amount of $31,452.00 per year or $2,621.00 per month, for a period of five years commencing January 1, 1978, has been approved and is hereby accepted. If further information is required with respect to the legal documentation, please contact Mr. J. Shantora, Solicitor, 9th floor, Ferguson Block, Queen's Park, Toronto, or phone 965-1141. PGM/gz - Leasing . . ~: 3. 4. 5. . (j)' Ontario Ministry of Government Services Ar If"-~~ Offer To Lease ~ ((Iv'+- File No. L-1739 t/WE The Corporation Newcastle of the Town . h E.egionalJ~hmict' pality In t e~muuKo Durham of being the owner(s) of the Premises situated on L~tsl59, 160. 161 & 162 Re$. Plan John Grant's Plan . Blk. "Q"f Regional MUnl.Ctl'a1:-(Schedules"B-l" & "B-2") Municipality of Bowmanv~lle in the~~t of ~ Y Durham hereby offer to lease to Her Majesty the Queen as represented by the Minister of Government Services for the Province of Ontario the said premises more fully described as follows, and according to the following terms and conditions: Address of premises Provincial Court, Church Street, Bowm.anville Identification of area (room number) Entire 2nd floor (Schedule "A") plus connnon area on ground Total gross demised areA offered (square feet) 5,242 square. feet. floor Total rent being fllf~JO, 87.5. iJ-0 per year payable ($ ~i~~rtt~nthlY in advance). Tenancy to be for a period of 5 years with the right to the Province to renew demised area for a further period of ~ years, at the same rental and under the same conditions for the period of renewal only. day of January 1978 provided demised area Payment of rent to commence on 1st is available for occupancy on that date. 6. Facilities and services to be supplied at JrnMour expense as owner(s), cost of which is included in the above- noted rent: 20-:-23 Celsius . (a) Heat to a temperature oIm degrees ~between the 15th day of September and the 15th day of May during the term of the lease and any other times of the year if necessary for comfortable occupancy. (b) Satisfactory toilet facilities for male and female employees to comply with the requirements of The Industrial Safety Act, R.S.O. ~~~U. 1971, Chapter 43. (c) Premises to comply with all provincial requirements or regulations and municipal by-laws. (d) To supply hot and cold water to the said demised premises. (e) Suitable janitor service including the washing of windows inside and outside at least 6 times per year, the daily sweeping of floors and the washing and waxing of such floors at least once a week, the daily emptying of waste baskets, the keeping in proper repair and condition of the washrooms, the furnishing of washroom supplies, and daily dusting of furniture. (0 Adequate electric light fixtures, replacement of electric bulbs, fixtures, electric neon tubes, including all maintenance and parts thereto, together with all charges for electric power and electric light. (g) The removal of snow and ice from the sidewalks adjacent to the said premises and the parking lqt in connection therewith, and all private walks to the said premises; (h) The replacement, in case of breakage, of glass or plate glass windows, with glass of the same kind and quality, save where such damage or breakage has been occasioned by servants or agents of the Province. (i) The provision of designated parking space for 9 cars at (location) bes ide bui lding. (j) ~Kl!m>>m~t1JQ>>>>>>XJOOmXlOOQ.fx~ (k) Complete air-conditioning of premises, including maintenance of same. (1) Schedules "A", "B-I", "B-2", "C", "D", "E", and "F" are attached to and form part of this Offer. .# .7. The Province shall have the right to assign. the lease or sublet the whole or any part of the demised premises, subject to approval of the lessor, which approval will not be unreasonably withheld. 8. The Province at its option may remove its fixtures during or on termination of the lease. 9. If required l/WE agree to execute a lease to be drawn by the Ministry of Government Services on its usual form. (See Schedules "E" and "F".) 10. This offer i:; open for acceptance by registered mail up to and including day of A.D., 19 _ , and UPON ACCEPTANCE by registered mail, shall constitute an agreement bipding to both parties. 11. We acknowledge that no verbal promises have been made by any agent of the said Ministry. Witness my hand and seal this II "--day of HIM-- Signa&ila~~t;~~~ ~l III m:WCASllE .ITNESS REMARKS Date Assistant Director. MGS.40 (1Q.74) SCHEDULE "A" Attached to and forming part of an Offer ,to Lease (# L-173~ ) dated between Her Majesty the Queen in the right of . Ontario as represented by the Minister of Government Services ("Tenant") and The Corporation of the Town of Newcastle ("Landlord"). '. 13 OW M F\}.:) VI Ll..~' COU.R..1 / ?Ot./C E ,(_f/I2.G COM I'J-.EX' = c.. 0 l..-\ (G.'\. (tOOM N;Z ,,.. I I Lf' 1 -/::: ~ =: ~:X' - ::::::::: '. / 1ft, , A\ ~ ~ .. STPr II<. < '7' \ror~Ic.E' I.V ft. .(-:- 17." ~ '15~ wR" :rlA.J.~~'.s , O~FIC~ ()f'f:,e ( f' ;.. ',' 16 Cc..eollJN frrr'-V .. " .! ---- 1-v BB Y , r . ~ ~ HAl-l.. 51 " } f II t? I l- . I . ~ l'" k ~. "" j , Cot.{ (C -r eo 0 M 4'1 A.....ec.. .. \ - , . - . " 'j A '\ 'A7 .. k hAD'E$ l' 13' (,v,R. .. Ii . .1 I. (... E C,AL. Alp V' .. , .. " < :t 5''A/ '> ,0/ ..~ 'p .. . '. C 1It1~CIt S .,i(G^c- r "~n- {l;) Jc/!,t.t: ~ r JO,/F.' ?(()~; /'Ipit 4-0, u( elff;,..e~ A. of T.; . ,l-e~/;'''J' ~o -1=lool-J ~~~:~~::;~~'~:21::::.r!-~~~ ~.M ~~!;~!l-~-:;~::.~1!,,3::.~ . .' . -- ,I SCHEDULE II B" -1 :Attached to and forming part of an Offer to Lease (# ) dated L-1739 between Her t-tajesty the Queen in the right of Ontario as represented by the M' . l.nl.ster of Government Services ("Tenant") and The Corporation of the Town of Newcastle ("Landlord"). ..... o DCGcription of Lund to be included in Shared ~ccommodation Agreem~nbo . . . . o ..... . 0 o. · ALL lillD S IUGULl\R that certain pnrcel or truct of land and premi~l~ci: 0 : l'>i t.u..1te, lying und being in the TO\'ffi of Dm:mr:1nville, in. · ~ . ..... dlc County of Durham, in tbeProvince of Ontario, and · 0 . . .. . bc.:in~J composed of: Lots 1:'1), 160, 161 unc1 1.6? in nloclc "QII .. ar:co.:c.1.ing to a 9lun of the VillalJe of IJo\.:m<:lI1vil1e by John Gr~nt, P.L.S., rcqiGtered in the Rcgict:ry Office f0r the Registry Divioion of the ~'1oot Riding of the County of Durhali\ on 1\pril /.0, 1052, the b:mndaries of the G~i~ parcel beingdeocribeJ asfollowOI PREr1ISING th~t the bearingo arc aDtronomic, dorived f:rom 0DDervation on polnrlG Clnd referred t.O tho meridlan t:hrongh the Gouth- eaJt~rly corner of Lot 162, Dlock IIQII, uccordinCJ to the snid 1?lCln by John Grant, P.L.S., and relntin<] nll bearingo herein thereto; COMMENCING ~t the south-easterly corner of the sain Lot 162; THENCE north cnvcnteen degrceo, fifty-five minntes; fort.y second~ eo.::;t (n. 17055' .10" E.) alon'] the Gouth-el'l.Gtcrly limit oC: the G;:lid Lot 162, one hundred and' ci}~t.y-three nnd sC.v'enty-five one-hundrc(ltho feet (163.,75') to the north- ca::;tcrly corner of the caid Lot 162; THENCE north ncvcnty-one degreca, forty-three minnten, twenty sccon(lc \'lest (n. 71\) 43 I 20 II H.) alonC] t.ho north-enoterly lip.Lt of the said Lata 16~, 161, 160 lmc1 J.59, t.HO hundred (\n'\ fifty-nine and seventy-Deven one-hun(lrcclthn feet (2SI). 77 I) to the north-\"ooterly corner of tho suid Lot l59; THENCE SO\1 th nineteen degrecn, nine minutes, thirt.y oecondo ",lest U~. l<)v 0<)1 3011 \-1.) nlonC] the north-\,'ester.ly limit of the _ suic} Lot 159, one hunc1rcll and sixty-f:our and eight one- 11',murec1thn feet (1611.00') to the south:,,\-lcoterlycorner of' t.he cLlid Lot 159; THENCE sou~h r:;eventy-onc deqree3, forty-~cvcn minute3, tvTenty seconds e;:lst (S. 710 1171 2011 Eo) ulong the north-easterly limi t of Church street nD shO\-m on the Dilid plan by John Gri:1nt, P.L.S., tuo hundred nnd nixt:y-th:ree and nineteen one-hundredths feet (2G3.19') to the point of commencement. AND DE3I(;l'li\TED AS Part 1 on Ontnrio Depnrtment of Public HorK.s Plun of Survey Number 40~-201L. September 2~, 19G9. .~ AI/I 1// {/I Lv . Ul/ ~ A. -1:'. nappich, Ont.:Llr io Lunu Surveyor.. ,.... ~ Q) ~ .u .u 0 c: ell ell ~ .u c: .r:: Q) ,.... Ol) ~ ..... s.. ..;.;. Q) CI) 0\ .r:: Q)' .t"') .u 0 ,... ..... .-4 c: > I ..... s.. ~ Q) c: U) Q) ~ Q) .u ......... ;j c: 0- Q) OJ E CI) Q) ell .r:: s.. N Q) .u Q) I ~ > E=l >. 0 0 .u ~ .u CI) ILl Q) ~ I-< ...., 0 .....:l ill <0 :::> 4-l ;:;: ... 0 ~ Q) ILl 0 s.. .u ::x:: OJ en u c: ::c ~.... U) ell c: c: ..... ~ Q) ~ 0 Q) ~ Q) .u .u .r:: s.. Q) .u <tl .D Po >. .D Ol) c: ~ ..... Q) e .u s.. c: 0 Q) 4-l CI) Q) ~ s.. c: Po <tl Q) 0 s.. .u CI) <tl ~ Q) 0 .r:: ..... 0 s.. <tl CU .u .u .u c: < 0 - ~ ,.. 0 .-4 ~ c: III i\- ......... I Q) .-.I .u ~ CI) CU 0 ~ ~ ~ Q) Z S ~ _! 0 ~ I- 0 ..J 0 .... E-l ~ Q) .r:: ... .u <: ~ ~ 0 ~ c: ~ 0 ~ ..... .u CU s.. 0 Po s.. 0 u Q) .r:: E-l "tl c: III . I LOT 1661 ~ ~ "" 1: ~ ~ !~ ... LOT 165 LOT 164 I 1n5/funvml NO I S1.,.. I . ~'1"'''c..r.... / 8~ICI( st..UU: . 0 5'" + ... h..... .' ,,"1">' I I N7lo43 10' w .. <: 1'. 11I1 t: - <: ~ " ~ a> .. 1O-S I '.. No,tflw..,.,ly (.or,...' , I Lot l~~ ~ .. ~. (j) ..., 01 !:Q .. !2 0' ;;: c t i I- ~ ! 0 ;;; ..J ~ ! oG'f.. el,; O'(\~ , j I Sot"lll-."e'\J Com.' r Lol 159 +t.O.IO' - :...-- ... ~ '", o o '" Z J'." N710 417' 20.W -l:l .. .. IBI" ). ",' r. I" .. , 0 I R- <<"0_1 It (!)"., ~ --r.,.. V . Ij 1/. ..~~'::-."\ I. "0' I I ) ELEVATED wATER TAN~ I . - C ~;:;~.;.:.. II .~.I .r'i I ' '~j ~ i\". 'j ; /i l.U. , - ~. ... s'.......ort I~ . I .-... /. ~I ~ a;~~~ ~s~/: ~I:~ ~-l ij: . (,P .. 091_. 1 ~ -l; : .. '.AI. 6)03~.1 .~ J 'I""'~~O- I ....1 ' ) - ~ ..... ~ :I~ _ I : 'ol~ "'l , . <': :;1 >e';,li , ~ E . I ~. ~ l~ I ~:'"_~- I __e,.. . ','; I 'r----i- , d I- .:.. ,.all 0 ~I~ :1: ~ _..~~ ~~- . 131.7 i. ~.. c; '" -' III -'~z q:o~ ~ '.J ~ 0"'0 ZxZ ~..,::> ~-o ::Ea<lL ... ~tE -''''a< ~N~ <l .., ::E ~ o III e":h'~. ~ 1.0$ ..tIt.....,- . j.'S'S CHURCH LOT 74f18 GR I I t-L-Instrument .. I- ~ o ..J C .. E ~ .. ~ 6S 60' STREET 163 -I: ;, ! ';.1 .1 I! J II I ~'. ! ll~~~ LOT 244 N! N4/308 7t",<'t 1'. 64, .., ~ttu~Q'I.l'ly Cornel' LOI 162 ?\"p.~ N (!) lCl cr. ~ cr. "> <: o. :;:: I- o ..J <; .. E ~ .. ..!; PART I AREA=o. 983AC SClIJftIIO&t..I,. Co",., lot 162 _. 6400' \ \ ,-~--- 'on 263 19' ,i l'IIOO~U' '" ~ '0 .. :r. L_ .c, c, ~ , \ PLAN SHOWING LOTS 159,160, 161 AND 162 BLOCK "Q" JOHN GRANTS PLAN TOWN OF BOWMANVILLE COUNT Y O. DURHAM SCOI~. III"'"h = 30 fer' 1969 15 r- w w a::: r- ef) SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THt.T I Tnot Irll~ survey onCl plOnar! COHeet OM In occordOftCe ""llh lh~ 5U1~Y!a Att and Tt\e R~9,sh1 At, and tr.! tegulof1onS m.ode tMreund~f 2 The sutv!:'{wos completed on the 4 m day 0' s.,Ofembtr' I~('> Sep1embe' 2'2.1969. L.LL4/L___ /- Jl H'>-l _ On!O'''' Land Su,...yor z o ef) > o I I I T ft.s plan is pre po'ed ,n i I I I -I i J BEARING REFERENCE - BeounQs ore O!lfrononllCto,rl~d from observotion on Polori$ and referred to the metl.d...o~ t'htouqtl the Souf't\eosterty . corner of LeI 162, BlOCk O. JotnGlOnl. Plan Town 01 - BoNmonv1lle occordonce wllh my tnstruCftortS. Ld~ - -~~~-- 1- - ---- j G. ~ ~"I':;Hj 0"'0"0 OePI at Pub"" .,.,o,ks 49 50' IOO~- denotes. Carl F FleIschman Ot S 1106 - deno1e~ Merrdl O.8ro"n 0 L S PIon- denole. pion 01 .urvey oa.ed Ap,,1 9. 19&9 by l>\e...1I D. e,own Ol. S I Survey .P"'\1 Chiel' J H W o"'mol>d~~l O<o..n by: G. S. Wallo,.. E.am -. ..''''''''.... ONTARIO DEPARTMENT 8UC WORKS Torontot OntariO Septemb.. 22 J969 404 - 201 L !If , '1~.J 1.J ~~ ~ }'y l ~~_.~ \ ,,t.. l~l' ~- . f' :( _t'.. _.. ~., tJ , .".{..",: ). _1..' ~ v: '\~~ ~(>.' ~J ;:.~ .) ,tr <\.. .1 l.~..\~ ~ ft~~] f~~l !;a.'~ "y _'OJ .",J.. ~..' ,-1; I . .,-;-',. .' (~ #._> ; J ( ~~1; ~~-~ +~ ,-'", ~;"c ..~ ~r:, ~'''1 ~.. ......... ~;r..t~. ..J! .A~~- ,,~,..' ~ . '"'.1" ~ "<.~o ~". .;r~-. '."";" ~. - : fi:,\~ ....e: -1.'; '\ ',.J' ~ ,.. r... ~,:~.. ~(~;~ f ~- ~t , ......1; I \t-"r. I "" ......" . "," t !. 't.;:> i $.;~\. i~ ~\ .' , '.. to" . . ., ., .' SOlEDULE "c " . Attached to and fonning part of an Offer to Lease (N L-1739 ) dated between Her Majesty the Queen in the right of Ontario as represented by the ~linister of Govennnent Services ("Tenant") and The Corporation of the Town of Newcastle ("Landlord") . OPERATING COST ESCALATION The lease will contain an escalation clause 'for operating expenses, with the base costs as outlined belm'l. This clause is to cover items concerning the operation of the building only and is not to include costs of any capital nature. The categories will be limited to the following:, Operating Costs **Hydro **Gas Hot and Cold Water Janitorial Services **Air Conditioning Washroom Supplies Insurance Base Costs Per Square Foot Per Annum $0.45 0.42 11 0.08 e-.44" .4 .( 0.67 ,0.24 Maintenance of Equipment 0 . 09 Maintenance of lawns and landscaping Snow Removal Window Cleaning Security (if any) Total Operating Expenses per ~ :::: :::g::r mmum ~2.~o/q;1 The landlord will, no later than sixty (60) days of the eA-piry of any lease year, provide an itemized financial statement indicating the actual expenses (of the above categories only) incurred during the relevant lease year. The tenant will pay, to the landlord, the amotmt of the increase over and above, the base costs, up to a maximum amotmt derived by multiplying the base costs by the percentage of increase reflected by Statistic Canada Consumer Price Index*. The percentage of increase is to be obtained by deducting the 1977 Index figure from the Index figure for the relevant year and calculating ~le resulting figure as a percentage of the 1977 Index. The maximum amoWlt of the operating cost escalation is calculated from the total of the above noted operating base costs. The utili ties identified a,bove with "**" will be exempted from this limitation if legislation, during the respective lease year,pennits an increase higher 'than that denoted by the Consumer Price Index. The tenant will pay only escalation on the base costs appertaining to the demised premise In the event that the operating costs in any lease year are below the operating base costs, tIle'landlord shall refund the difference to the tenant. E.'<AMINATI ru OF ACCOUNTS The tenant will be given the right to periodically examine the landlord's Books of Accotmt and check relevant documents to determine the correctness of the statements submitted. She may do so at Her discretion but upon prior arrangements with the landlord. REAL ESTA'IE TAXES If, during the term of the lease, through a cllange of legislation, the premises become taxable, the tenant will annually pay to the landlord those taxes applicable to the demised premises only. The landlord will invoice the tenant wi thin sixty (60) days of the expiry of the relevant lease year and substantiate the expense by the submission of receipted invoices or copies thereof. ' *For the putpose of calculating the maximum amotmt of operating cost escalation, Statistic Canada Consumer Price Index will be used as reflected in the monthly periodical, "Bank. of Canada Review", Table 62, "Services Excluding Shel ter". ' Signatur~~~$[~C;~~ ..&I::~~'~ - --~:D"~~, ',~,,',,".""r: '" ~ .' Reference No.. L-1739 SCHEDULE liD" . ..- Attached to and forming part of an Offer to Leas~.from The Corporation of the Town of Newcastle (as Landlord) to Her Majesty" the, Queen, in the .right of Onta'rio, as 'represented by the Mihister of Government S~rvices (as Tenant) dated XI/WE The Corporation of the. Town of New- c~s1}~ing owners of the property, Municipally known as Church Street, Bowmanville do hereby. grant permisaionto the Tenant to tender for and to undertake and to complete all the leasehold improvements to be effected within the demised premises both prior to commencement and during tenure of the lease or any renewal of or extension to the lease. There will be no requirement, on our part, with respect to union or non-union affiliations of the employees of the Tenant's chouen contractor. . *This permission is granted on the condition that the Tenant use the services of the Landlord's consultant for the electrical and mechanical work. Present consultant is: Name: Address: Telephone: . . It is to be understood that the Tenant will indemnify and save harm~ less 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 actor omission of the Tenant or any assignee, sub-tenant, agent, contractor, servantl employee, invitee, or licensee of the Tenant, and against and from allcost~, counsel fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon. . . .... I t~t.~i&AS1\l. · ~ '''?::;H frY 61--:. Signed f ~~ /~V'!-tL~dlOrd) //.-~. - ~./ · Delete if not applicable ./ ~_:_:",~~...::_~__~~_:..:.-:;. ,!~:.:...t:~~"::.~: ,L. '!:;'l-"'A.J_;"'~.-.... .", ""--1 ~ - ~ -.,..--..r..... ~ ----~--.-~:J...""'. __ ..__,_____ _ ...__~~__ ~-~j'-.;-- -""',;fli'Jlt of"'''::'.:' _~'!~..........o..I".",,,,,,..,"-:-....,,.......~_._..;......n:.~. ~~-;-...~---r:':"''''-~.::~1_:'J:''- SCHEDULE "E" . Attached to and forming part of an Offer to Lease (# L-1739) dated between Her Majesty the Queen in the right of Ontario as represented by the Minister of Government Services (Tenant) and The Corporation of the Town of Newcastle (Landlord). GENERAL CONDITIONS A. In accordance with clause 9 of the "0ffer to Lease", both parties agree to use the Ministry of Government Services Standard Lease form, attached here- to as Schedule "F", subject to an adjustment of all special conditions con- tained in this "0ffer to Lease", together with the following amendments: Landlord's Covenants Paragraph 5 delete. . Paragraph lO(f) delete. Paragraph lO(g) delete the words "in accordance with the provisions of Schedule "E" attached hereto". B. Any furniture and equipment belonging to the landlord and presently being used by the tenant will continue to be used by the tenant for the full term of this lease oi any subsequent renewals. C. It is understood and agreed that if the prem~ses are no longer required for Provincial purposes, the tenant shall have the right to terminate the said lease upon six months' notice, in writing, to the landlord. D. This agreement will supersede and replace any previous agreement either ~ written or implied. <<' ,'. ...., "' ...... ~i i~i~~CASTlE &DitruiUihWii'1 WI ~~..., L ..oui Signature~~~rOJL- f~v0U~ SCHEDULE "F" L - Attached to and forming part of an Offer to Lease (# L-1739) dated between Her Majesty the Queen in the right of Ontario as represented by the Minister of Government Services (Tenant) and The Corporation of the Town of Newcastle (Landlord). THIS LEASE made in quadruplicateas of the One Thousand Nine Hundred and Seventy day of IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT BETWEEN: herein called the "landlord" OF THE FIRST PART AND: HER MAJESTY THE QUEEN in right of Ontario as represented by the Minister 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 of the landlord's building, herein called the "building", located at which premises are more particularly described as follows: and shown outlined in red on the floor plan attached hereto as Schedule "A". A legal description of the building site is attached hereto as Schedule "B". TERM TO HAVE AND TO HOLD the premises for and during the term, herein called the "term", of commencing on the ending on the day of day of 19 19 and RENT YIELDING AND PAYING therefor yearly and every year during the term to the landlord the sum of per year of lawful money of Canada to be paid in advance in equal monthly instalments of on the first day of each and every month during the term to the landlord at or at such other place as the landlord shall hereafter designate in writing. The first of such payments to be made II - 2 - on the day of , 19 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. TENANT'S COVENANTS The tenant covenants with the landlord as follows: 1. To pay rent in accordance with the provisions of this lease. 2. To pay all taxes levied upon the business assessment, if any, resulting from the tenant's use or occupation of the premises. 3. 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. 4. 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 system or part of the premises which the landlord is obligated to repair. 5. 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. 7. To use the premises for purposes only and for no other purpose without the prior written consent of the landlord. 8. 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. 9. 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. ~ 10. 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 premises or to the use or occupation thereof or to the making of any repairs, replacements, addi tions, .changes, substitutions or improvements of or to the premises or any part thereof. 11. 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. " - 3 - . 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. 13. 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 any assignee, subtenant, agent, contractor, servant, 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. 14. To permit the landlord to exhibit the premises to prospective tenants during normal business hours during the last three (3) months of the term upon receipt of reasonable notice. 15. To leave the premises in a reasonably tidy state at the end of each business day to facilitate the landlord's janitorial services. . 16. Not to suffer or permit during the term hereof any mechanics' 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 as 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 law; and the tenant further covenants that whenever and so often as a certificate of action is registered relating to any of the liens referred to in the preceding sentence, the tenant shall within thirty (30) days after the tenant has notice of the registration of such certificate of action have the same vacated. . - 4 - LANDLORD'S COVENANTS The landlord covenants with the tenant as follows: 1. For quiet enjoyment. 2. 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. 3. 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. 4. To maintain the premises in good repair and tenantable condition during the term and make good any defect or want or repair promptly upon receipt of notice from the tenant with a minimum of disruption to the tenant's business. 5. The premises have been renovated in accordance with the provisions of the Offer to Lease submitted by the landlord on 6. To pay all charges for water and electricity supplied to the premises. 7. To heat the premises. 8. To effect the prompt removal of snow and ice from the sidewalks, steps, roads and parking areas serving the premises at its expense. 9. To permit the tenant to effect the installation of telephone and inter-communication apparatus in the premises. 10. 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: a) an adequate electrical system including fixture. and outlets together with the initial installation and any replacement of bulbs, fluorescent tubes, starters and ballasts; b) a heating system suf~icient to maintain a reasonable temperature (20-23 degrees Celsius) in the premises during the heating season (15th September to 15th May) and at other times of the year if required for comfortable occupancy; 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; d} a water system capable of supplying hot and cold water to the premises and 'the washrooms serving the premises; e} washroom facilities tor male and female employees o~ the tenant in accordance with the requirements - 5 - established by the Industrial Safety Act, s.o. 1971, c.43, as amended, and the regulations made thereunder and any other applicable provincial or municipal requirements, and the provision of all washroom supplies; f) an automatic elevator system during normal business hours (0800-1800) Monday to Friday and at other times as may be required, except when repairs are being made, to permit ingress to and egress from the premises. Such elevators shall be available to the tenant, her servants, agents, employees and all persons having business with the tenant on a common use basis; and g) janitorial service for the premises in accordance with the provisions of Schedule "E"attached hereto including the provision of all cleaning materials. 11. 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. 12. 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 o~casioned by the tenant, her servants or agents. 13. To provide and maintain designated parking facilities for the tenant for automobiles PROVISOS 1. If the tenant, with the consent of the landlord, remains in possession of the premises after the date fixed for the expiration of the term or any 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 the terms and conditions contained in this lease except as to length of tenancy. 2. a) the tenant may at any time during the term or any renewal thereof remove any fixtures installed by her in the premises; and b) the tenant will compensate the landlord for any damage caused to the premises by such removal. 3. a) the tenant may erect such signs on the premises as she considers necessary for the proper conduct of her business; b) all such signs shall be removed from the premises at the end of the term or any renewal thereof; and c) the tenant shall compensate the landlord for any damage caused to the premises by the removal of signs. 4. 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 t - 6 .,.. further time as may be acceptable to the tenant, then this lease will be null and void 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 posses- sion of the premises. 5. In the event that the landlord shall be delayed or hindered in or prevented from the performance of any act required of the landlord 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 failure; restrictive laws or regulations or any other reason beyond the reasonable control of the landlord, 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 time equal to the period of such delay. 6. If the premises are now or hereafter served by any alley, easement or right-of-way, the tenant, 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. 7. If the premises are now or hereafter served by common parking facilities, the tenant, her servants, agents, employees, licensees and invitees shall have full right to use such parking facilities in common with all others entitled thereto. 8. 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. 9. 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 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. 10. If at any time 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 ~ourteen (141 days notice to the landlord. , 11 L , . II II -7- 11. 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. 12. The tenant shall give the landlord notice of her 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. 13. a) the tenant may, at her option, remove any 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 restore the premises, as nearly as possible, to the state they were in before such altera- tions, additions or improvrnents were made. 14. Where the landlord's consent is required by this lease to any act of the tenant such consent shall not be unreasonably w.i thheld and shall be communicated to the tenant within fourteen (14) days of the receipt of a request for such consent. 15. 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 tenantnotice requiring the tenant to pay the arrears or remedy the default within Thirty (30) days of receipt of notice. If the tenant fails to pay the arrears or remedy the default within such period, the landlord may re-enter the premises and take possession of the premises and the term hereby granted shall thereupon be terminated. 16. If the premises are not fully completed in 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. 17. If the landlord defaults 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. II /I II 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 years, b) the tenant shall give notice to the landlord of her intention to renew this lease at least Months prior to the end of the term; and c) the terms and conc~tions of this lease shall apply during the renewal term with the exception of this proviso for renewal. . . . 20. 21. - 8 .,.. 19. 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, RSO 1970, c.25 or any successor Act. Each party shall appoint an arbitrator at least sixty (60) days before the expiration of the term and the appointed arbitrators shall jointly choose a third arbitrator to create a board of three arbitrators, the majority . decision of which shall be binding upon the parties. If either party shall refuse to appoint an arbitrator within ten (10) days of being served with written notice of arbitration by the other party, then the arbitrator first appointed shall, at the request of the party appointing him, proceed to determine such rental rate as if he were a single arbitrator appointed by both parties. If two arbitrators are appointed and they fail, within ten (10) days of the appointment of the second of them, to agree upon the appointment of the third arbitrator, then upon the application of either party the third arbitrator shall be appointed by a Judge of the 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. No condoning, excusing or overlooking by the landlord or tenant of any default, breach or non-observance by the tenant or the landlord at any time or times in respect of any covenant, proviso or condition, herein contained shall operate as a waiver of the landlord's or the tenant's rights hereunder in respect of any continuing or subsequent default, breach or non-observance, or so as to defeat or affect in any way the rights of the landlord or the tenant herein in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the landlord or the tenant save only express waiver in writing. All rights and remedies of the landlord contained in this lease shall be cumulative and not alternative. 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 and in the case of notice to the tenant to her in care of Realty Services Branch, Ministry of Government Services, Ferguson Block, 77 Wellesley Street West, Toronto, Ontario, M7A IN3, 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. Such notice shall also be sufficiently given if and when the same shall be delivered, in the case of notice to the landlord to 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. 22. The tenant acknowledges that there are no covenants, representations, warranties, agreements or conditions., expressed or iIrJplied, collateral or otherwise, formin9 part of or in an~ wa~ affecting or relating to this :~ ' ': Il I, I II II ~ il II Ii iI ., I I . - 9 II II Ii lease save as expressly set out in this lease and the relevant agreement to lease and that this lease con- stitutes 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. 23. 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. 24. The landlord and the tenant agree that all of the provisions of this lease are to be construed as cove- nants 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. 25. The words "herein", "hereof", "hereby", "hereunder", "hereto", "hereinafter", and similar expressions 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. 26. This lease and everything herein contained shall operate to the benefit of and be binding upon the respective successors, assigns and other legal repre- sentatives 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 assignement or sublease, and every reference herein to any party hereto shall include the successors, assigns and other legal representatives of such party. 27. This lease shall not be binding upon the tenant until it has been executed by or on behalf of the Minister of Government Services. IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THIS LEASE. SIGNED, SEALED AND DELIVERED in the presence of G~i'~jU ~~.~ ~j ~..J ~.; itH oj j~tWCASrLE ~ ~-/ )/R'/6A--- Per: f c-a--nJ/.- v~~ HER MAJESTY ~UEEN in right of Ontario as represented by: MINISTER OF GOVERNMENT SERVICES DATED as of and- HER MAJESTY THE QUEEN in right of Ontario as represented by the Minister of Government Services Parliament Buildings Queen's Park Toronto, Ontario. M7A IN3 L'E A S E Director, Legal Branch Ministry of Government Services 9th Floor, Ferguson Block Toronto, Ontario. M7A IN3 . .:_,=-- .-=-~=.==--=~;.;.;;;:-;.;'c,=,:::;:~~-_.~----- ---~-="'-====---=-==~-==--=-.~:=..-;.;-:_.o=,-,,~---_..---_._~'---==--=-=-==-.=-______. e ... ----- c- . ,.------. e ..---- . Ministry of Government Services LEGAL BRANCH (j) Ontario REGISTERED Area code 416 Telephone 965-1141 June 27, 1978 The Corporation of the Town of Newcastle 40 Temperance St. Bowmanville, Ontario LIC 3A6 Dear Sirs: RE: Renewal of Lease Ministry of the Attorney General Provincial Court Police and Fire Building Church Street, Bowmanville Our File: L-l739 We enclose herewith one fully executed copy of: - [iJ lease - 0 agreement -0 9th floor Ferguson Block Queen's Park Toronto Ontario M7A lN3 in respect of the captioned premises for your records. Encl. Is1 Yours truly, /J1f/~ B. V. Ciach (Mrs.) Manager Property Section L _1739 , THIS LEASE made in quadruplicate as of the First day of January , One Thousand Nine Hundred and Seventy-Eight. IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT BETWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE in the Regional Municipality of Durham herein called the "landlord" OF THE FIRST PART AND: HER MAJESTY THE QUEEN in right of Ontario as represented by the Minister 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 Provincial Court, police and Fire Building, Church Street, Bowmanville, ontario, which premises are more particularly described as follows: the entire second floor of the building comprising 487 square meters (5242 square feet) of space plus common ground floor areas. II i A legal description of the building site is attached hereto as Schedule "An. TERM TO HAVE AND TO HOLD the premises for herein called the "term", of Five commencing on the First day of ending on the 31st day of and during the term, Years January, 1978 and December, 1982. RENT YIELDING AND PAYING therefor yearly and every year during the term to the landlord the sum of $31,452.00 per year of lawful money of Canada to be paid in advance in equal monthly instalments of $2,621.00 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 \ ,i II - 2 - on the First day of January , 1978. 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. TENANT'S COVENANTS The tenant covenants with the landlord as follows: 1. To pay rent in accordance with the provisions of this lease. 2. To pay all taxes levied upon the business assessment, if any, resulting from the tenant's use or occupation of the premises. 3. 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. 4. 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 system or part of the premises which the landlord is obligated to repair. 5. 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. 7. To use the premises for Court Room purposes only and for no other purpose without the prior written consent of the landlord. 8. 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. 9. 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. 10. 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 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. 11. 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. ,\ il 'I II \1 II !\ \\ , ; I ,I Ii 1\ \ ,I 'I il Ii Ii \1 I I I , ; II !! \ I 11 II II 'i Ii - 3 - 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. 13. 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 any assignee, subtenant, agent, contractor, servant, 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. 14. To permit the landlord to exhibit the premises to prospective tenants during normal business hours during the last three (3) months of the term upon receipt of reasonable notice. 15. To leave the premises in a reasonably tidy state at the end of each business day to facilitate the landlord's janitorial services. 16. Not to suffer or permit during the term hereof any mechanics' 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 as 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 law; and the tenant further covenants that whenever and so often as a certificate of action is registered relating to any of the liens referred to in the preceding sentence, the tenant shall within thirty (30) days after the tenant has notice of the registration of such certificate of action have the same vacated. . I II I I \ II II II il II Ii \ I I I 17. To pay an annual operating cost adjustment in accordance with Schedule "B" attached. II 1\ 'i II Ii II I I Ii ,I :! 1\ ~ \ l! ! ~ b) a heating system sufficient to maintain a reasonable temperature (20-23 degrees Celsius) in the premises during the heating season (15th September to 15th May) I'! and at other times of the year if required for comfortable .i occupancy;' il H !: \i I jl II II II il ,; - 4 - LANDLORD'S COVENANTS The landlord covenants with the tenant as follows: 1. For quiet enjoyment. 2. 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. 3. 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. 4. To maintain the premises in good repair and tenantable condition during the term and make good any defect or want or repair promptly upon receipt of notice from the tenant with a minimum of disruption to the tenant's business. i. ~~!~~~::~fR~~: ~~~:rr~:o~~::~ ::b~~~~~~~;~tt~tP ....h~ 6. To pay all charges for water and electricity supplied to the premises. 7. To heat the premises. 8. To effect the prompt removal of snow and ice from the sidewalks, steps, roads and parking areas serving the premises at its expense. 9. To permit the tenant to effect the installation of telephone and inter-communication apparatus in the premises. 10. 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: a) an adequate electrical and outlets together with any replacement of bulbs, and ballasts; system including fixture. the initial installation and fluorescent tubes, starters 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; d) a water system capable of supplying hot and cold water to the premises and the washrooms serving the premises; e) washroom facilities for male and female employees of the tenant in accordance with the requirements , (1 I !I , ., 'I II \i :1 Ii I I I I I I i I ! :j 'r ~ ! I Ii 1\ 'i II !I H I' Ii - 5 - established by the Industrial Safety Act, 5.0. 1971, c.43, as amended, and the regulations made thereunder and any other applicable provincial or municipal requirements, and the provision of all washroom supplies; hours (0800-1800) Monday to Friday and at as may be required, except when r are being made, to permit ingress to and from the premises. Such elevators e available to the tenant, her servan ents, employees and all persons having . ; and ( g) janitorial service for the premises -ineludin<J~ the provision of all cleaning materials. 11. 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. 12. 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. 13. To provide and maintain designated parking facilities for the tenant for nine automobiles beside building. PROVISOS L If the tenant, wi ththe ~onsent of the landlord, remains in possession of the premises after the date fixed for the expiration of the term or 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 the terms and conditions contained in this lease except as to length of tenancy. 2. a) the tenant may at any time during the term or any renewal thereof remove any fixtures installed by her in the premises; and 3. b) the tenant will compensate the landlord for any damage caused to the premises by such removal. c)* a) the tenant may erect such signs on the premises as she considers necessary for the proper conduct of her business; b) all such signs shall be removed from the premises at the end of the term or any renewal thereof; and 4. 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 *2. c) any furniture and equipment belonging to the landlord and presently being used by the tenant will continue to be used by the tenant for the full term of this lease or any subsequent renewals. I I I i , I il 1\ I I I: II 1: il Ii I: H I' II II i\ " ,I II \1 ! \ I I ii I I I I II 11 \1 I: II i' t ~ ;i 'I II r II II Ii il II II II 11 r ,I I' ,I II II - 6 .,... further time as may be acceptable to the tenant, then this lease will be null and void 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 posses- sion of the premises. 5. In the event that the landlord shall be delayed or hindered in or prevented from the performance of any act required of the landlord 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 failure; restrictive laws or regulations or any other reason beyond the reasonable control of the landlord, 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 time equal to the period of such delay. 6. If the premises are now or hereafter served by any alley, easement or right-of-way, the tenant, 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. 7. If the premises are now or hereafter served by common parking facilities, the tenant, her servants, agents, employees, licensees and invitees shall have full right to use such parking facilities in common with all others entitled thereto. 8. 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. 9. 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 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. 10. If at any time 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 deter~ine this tenancy -upon ~ourteen (141 day-s notice to the landlord. I I I I II Ii I: .. . iI !, ., ,. Ii d il " I! i I I II 'I d II 1\ I I I \, . . : -7- 11. 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. 12. The tenant shall give the landlord notice of her 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. 13. a) the tenant may, at her option, remove any 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 restore the premises, as nearly as possible, to the state they were in before such altera- tions, additions or improvrnents were made. 14. 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) days of the receipt of a request for such consent. 15. 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 tenantnotioe requiring the tenant to pay the arrears or remedy the default within Thirty (30) days of receipt of notice. If the tenant fails to pay the arrears or remedy the default within such period, the landlord may re-enter the premises and take possession of the premises and the term hereby granted shall thereupon be terminated. 16. If the premises are not fully completed in 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. 17. If the landlord defaults 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. I 11 J I' I, I lB. 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 years, at the same rental; b) the tenant shall give notice to the landlord of her intention to renew this lease at least Three Months prior to the end of the term; and c) the terms and conditions of this lease shall apply during the renewal term with the exception of this proviso for renewal. 20. 21. - 8 ~ to be charged during the renewal term provided for i this lease, they shall submit the dispute to arbit tion in accordance with the provisions of the Arbitr 10ns Act, RSO 1970, c.25 or any successor Act. Ea party shall appoint an arbitrator at least sixty 0) days before the expiration of the term and th appointed arbitrators shall jointly choose a thi arbitrator to create a board of three arbitrators he majority decision of which shall be bindin upon the parties. If either party shall refuse to ppoint an arbitrator within ten (10) days of bein erved with written notice of arbitration by t other party, then the arbitrator first appoint shall, at the request of the party appointing him, oceed to determine such rental rate as if he were single arbitrator appointed by both parties. If wo arbitrators are appointed and they fail, wit' ten (10) days of the appointment of the second 0 hem, to agree upon the appointment of the third itrator, then upon the application of either ty the third arbitrator shall be appointed by a Jud of the Supreme Court of Ontario. Each party sh pay the fees and expenses of the arbitrator ointed by it and one-half of the fees and expenses ~ke ~ftira arbi~ra~6~. No condoning, excusing or overlooking by the landlord or tenant of any default, breach or non-observance by the tenant or the landlord at any time or times in respect of any covenant, proviso or condition, herein contained shall operate as a waiver of the landlord's I or the tenant's rights hereunder in respect of any , continuing or subsequent default, breach or non-observance,1 or so as to defeat or affect in any way the rights of I the landlord or the tenant herein in respect of any I such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything I done or omitted by the landlord or the tenant save only \1 express waiver in writing. All rights and remedies of II the landlord contained in this lease shall be cumulative L 'I and not a1 ternati ve. II !i 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, LlC 3AG and in the case of notice to the tenant to her in care of Realty Services Branch, Ministry of Government Services, Ferguson Block, 77 Wellesley Street West, 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. 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 executive officer of the landlord, 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. 22. The tenant acknowledges that there are no covenants, representations, warranties, agreements or conditions 0, expressed or implied, collateral or otherwise, formin~ part of or in anY' waY' affectin~ or relating to this li i ~ ji 'I i ~ 11 il " I, l! iI Ii II I, il II II \1 I' Ii II !' I I I, II ~ ! >I II iI il II I: - 9 - \ I il \; \ i I 'I I, Ii I . , . lease save as expressly set out in this lease and the relevant agreement to lease and that this lease con- stitutes 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. 23. 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. 24. The landlord and the tenant agree that all of the provisions of this lease are to be construed as cove- nants 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. 25. The words "herein", "hereof", "hereby", "hereunder", "hereto", "hereinafter", and similar expressions 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. 26. This lease and everything herein contained shall operate to the benefit of and be binding upon the respective succes~ors, assigns and other legal repre- sentatives 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 assignement or sublease, and every reference herein to any party hereto shall include the successors, assigns and other legal representatives of such party. 27. This lease shall not be binding upon the tenant until it has been executed by or on behalf of the Minister of Government Services. 28. The tenant shall have the right to terminate this lease upon giving six months' prior written notice to the landlord. IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THIS LEASE. II SIGNED, SEALED AND DELIVERED in the presence of THE CORPORATION OF THE TOWN OF NEWCASTLE per:~4~,';ij <, ayor HER MAJESTY THE QUEEN in right of Ontario as represented by: \, Per: 1\ ,I il I' I 1\ . . . I, SCHEDULE "A" ALL AND SINGULAR that certain parcel or tract of land ad' situate 1 . db' . n premlses . ' Yl~g.an. elng In the Town of Newcastle, in the' Reglonal M~nlclp~llty of Durham (formerly in the Town of Bowmanvllle, In the County of Durham) and P . of Ontario ' rOVlnce br.in~r compbDed or Lots l~l), 160 J 161 ilncl 16? in Dloclc "QII-'" ar:coZ'<Jing to il 91an of the Villil<Jc of B::n.:manville by John Gront, P.L.S., registereu in the Regic~ry office fr)r t:h'3 Registry DiviDion of the \']eot p.iding of the County of DurhilIi\ on l\pril ?O, 1052, the b::lUndarieD of the saiJ parcel being deocribeJ uC followol PREMISING th~t the hearingo are ustronomic, dorived (rom nhoervation on polZlrl D Clnd re E erreu t.O the merid.lnn t:hro\.l<]h the sou th- eact.r:Jrly corner of Lot 162, Dlock "QII, accordinry to the said ~l{1n by John Grunt, P.L.S., und relntinl) all beilringD hereln thereto; COMMENCING ut the Douth-ousterly corner of the caio Lot 162; THENCE nor::1I ccwenteen dog reeD , f ifty-f i ve minut.os, fort.y seconds oact (n. 170 55' ,10" E.) alonl) the Dout.l1-e,\Dter1y limit o [ the suid Lot 162, one hundred and cL:ty-three and seventy-five one-hundredtho fcet (163.751) to the north- cuctcrly corner of the aaid Lot 162; THENCE north seventy-one de')rcco, forty-thrce m1.nntcfi, twcnty Dcconclc \'/ect (11. 710 43 I 20 II \'1.) a10nl) t.he north-caoterly lir;I,Lt of the suid Lotf.J 161, 161, 160 nnd lS0, tHO hundred ,\IV 1 fitty-nine and sevcnty-DeVOn one-hun(1rcdthS fcet (259.771) to the north-Hooterly corner of the Dilid Lot 159; THENCE south nineteen degrees, nine minutes, thirt.y aecondo ylost (:,;. 1<)1,) 0<)1 30" \-1.) u10n') tho north-\'10Dter.1y limit of the sC\.i.<1 Lot 159, one hunc1rec1 uncl sixty-four. om1 eight ono- 11'lrlurcc1l:ho feet (16<1.001) to the south-:-\'leoter1y corner of the cuid Lot 159; THENCE south Geventy-one degree3, forty-sevcnminutc8, twenty seconlls cust (So 710 1171 20" E.) olong the north-easterly limi. t of Church street aD shmm on t.hc 8i1id plun by John Gr.vnt, PoL.S., tHO Illmdrcd ond oixt:y-th:rec nnu nineteen one-hundredths feet (263.191) to thc point of co~nenccmonto AND DE3I(~l'li\TED AS Pilrt 1 on ontl\rio Department of Public \'lorKO Pliln of survey Number 40tl-201L. .~.\ .(\ ' 'v \ Sept:cmbe(' 21\, 19G9. ~t I I ~7 ( 1 (, J-J)'l ~ 1\. 1:'. Roprtch, Onturio Lund surveyor. ,,:':'~i..:-_~~"-~'~-"'.; '.,' .......:...... J .,:.....'" ~'i:";L ______-.,-"::."., ..!"'!!:":;:.i.~'A:".7i .~";'..'I.:.f""\;;....,~ '."G:~".":~.7 :- ", ~ ::-, ...".:..~ 1">' '. ~ . "~"'-'" ." L r..:+lJll':44i o..J';-': ilMT'o:-::lC'".--.;:r-.... ,-" '. . ,.\.1... , . SCHEDULE "B" OPERATING COST ESCALATION ~The base costs for escalation purposes a~e as set out below. '01is clause is to cover items concerning the operation ot the building only and is not to include costs of any capital nature. The categories ''Ii11 be limited to the following: Operating Costs **Hydro uGas Hot and Cold Water Janitorial Services **Air Conditioning Washroom Supplies Insurance Base Costs Per Square Foot Per Annum $0.45 0.42 0.08 C1-/.tk: If ., 0.67 ~ . Total Operating Expenses per 1/r:!r~T~1 square foot per annum ~ "2.. <lcJ' , ' The lroldlord will, no later than sixty (60) days of the e^~iry of any lease 'ear, provide an itemized financial statement indicating the actual e^~enses (of the above categories only) incurred during the relevffilt lease year. The tenant will pay, to the landlord, the amOlmt of the increase over and above . the base costs, up to a maximum amount derived by multiplying the base costs by the percentage of increase reflected by Statistic Canada Consumer Price Index*. The percentage of increase is to be .obtained by deducting the 1977 Index figure from the Index figure for the relevant year and calculating tlle resulting figure as a percentage of the 1977 Index. The maximum amount of the operating cost escal~tion is calculated from tlle total of the above noted operating base costs. . The utili ties identified a,bove with "**" will be exempted from this limitation if legislation, during the respective lease year, permits an increase higher than that denoted by the Consumer Price Index. The tenant will pay only escalation on the base costs appertaining to In the event that the operating costs in any lease year are below the -costs, the'landlord shall reflUld the difference to the tenant. E.)W.-tINATI ON OF ACCOUNTS The tenant will be given the right to periodically examine the landlord's Books of Account 'and check relevant documents to determine the correctness of the statements submitted. She may do so at Her discretion but upon prior arrangements with the landlord. REAL ESTATE TAXES If, during the term of the lease, through a cllange of legislation, the premises become taxable, the tenant will annually pay to the landlord those taxes applicable to the demised premises only. The landlord ,viII invoice the tenant wi thin sixty (60) days of the expiry of the relevant lease year and substantiate the expense by the submission of receipted invoices or copies thereof. . Maintenance of Equipment Maintenance of lawns and landscaping Snow Removal Window Cleaning Security (if any) Sewage O1.arges .0.24 0.09 . the demised premise operating base *For the purpose of calculating the maximum amount of operating cost escalation, Statistic Canada Consumer Price Index will be used as reflected in the monthly periodical, "Bank of Canada Review", Table 62, "Services Excluding Shel ~~X::f\ ~ ,~, ..,' Cfiai:i(;.ri,H, ., . ~~.. LA \4t\'t\,t\\)h.f _~U. I._U.UII'~.>~,". ~.....,., ..-"'( Signature~ h?~-//f14'i6~ ~v~ ,.. /'" (,''-''~~It.. tJ p;. ,1;;",1.''''''; olioit.--......lI&~.~;.%::.:..;r...';:;.:L: -:.~ S'':':':'':''l:'.io'',;. """oJ...~:. ':.t~ ...;..;;.._. ':=""d<>:;E'.m:..;; .r.:..r.~lOJ~"""".- ....-.....:.-.:JBf~s:...a.......-..-U:..._. .-:.~~. .' -- =-: .. . .- ,-- --,..-----. --.-.. --.---., -'- DATED as of January 1, 1978 = THE CORPORATION OF THE TOWN OF NEltVCASTLE and- HER MAJESTY THE QUEEN in right of Ontario as represented by the Minister of Government Services Parliament Buildings Queen's Park Toronto, Ontario. M7A IN3 LEASE Director, Legal Branch Ministry of Government Services 9th Floor, Ferguson Block Toronto, Ontario. M7 A IN 3 -.. . ._. ~----" -~.~ ~_':.;c~.;.=-';.=..,,=-'==--==:;:-=-;c.; _.",~..~------_._---'--"'" _. ,_",_"__'_~' __ _____n.____..____.._ . ._- __n._ =- .1..