HomeMy WebLinkAbout87-23The Corporation of the Town of Newcastle
By-law No. 87- 23
Being a by-law to authorize the entering
into of a lease with N.W. King.
The Municipal 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 between N.W. King and the
Corporation dated the day of January, 1987, which lease
is attached hereto and marked Schedule "X".
By-law read a first time this 26th day of January, 1987.
By-law read a second time this 26th day of January, 1987.
By-law read a third time and finally passed this 26 day of
January, 1987.
Clerk
z L•••�i,
Cmunlercial I ense, alla N'hUme.d.
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1'•r,i4h1 111M. M.
r,hl.,, In Ih, t'00
F nnd— U.lt,�1 Fnrm IIriO•sGd
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tuade the 26th day of January
one Illousand nine hundred and eighty-seven
3111 jbirollance of the 6Ijort.10rillo of Renoto act
a
�i;etlueeft
N.W. KING, of the City of Oshawa, in the
Regional Municipality of Durham, in Trust,
hereinafter called the "Lessor"
OF THE FIRST PART
and
THE CORPORATION OF THE TOWN OF NEWCASTLE
;
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hereinafter called the "Lessee"
OF THE SECOND PART
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WITNIiSSE'1'II that in consideration of the rents, covenants and agreements heulinafter
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1'esC 1'VC11 and contained MI tI1C hart of the said I.CSSCC, t0 IIC •Ilald ObsCl'\'Cd att(I pCffel'1IIf 11, lute Si11t1
Lemor has deinised and leased and by the-se doth dCInISC and le IIntO tI1C said f.r«er
presents
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ALL ruosE cElt'rn1N PIZEbtlsls cxclndin nny part of the external walls knimil
described Church Street, 8owmanvi�lle, Ontario, in the Town
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and as 152
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Newcastle (formerly the Town of aowmanville) In the Regional Municipality
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of Durham
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TO HAVE AND TO HOLD the said demised premises for and (hiring the teen of
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One (1t Year
to be computed rota the 1st day of February 19 81
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and from thenceforth ensuing and to be fully completed and ended on the 1st
day of January Ig 88 1
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trental
YIELDING AND PAYING THEREFOR yearly and every year during the said teen
hereby granted, unto the said Lessor, the sun 4L set.ferth in Schedule "A" attached hereto;
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adV:1nCC UIl tIIC
=-f-1cl-=--y onth during the said tcrnl, It to br. made on thr
The said Lessee covenants with the said Lessor to pay rent.
Business
Taxes
AND to pay all business taxes in tespect of the business carried on by the Lessee, in and
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upon or by r son of their occupancy of the Incinisrs liceeby demised;
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Commercial Lease—Page 2.
fuorrlrla loot, r))ro k 1)mhrm Llmlled
D,r 6 D.,hem Balled
Form 660.660
Repair AND to repair (reasonable wear and tear, and damage by fire, lightning and tempest only
excepted) ;
AND that the said Lessor may enter and view state of repair;
AND that the said Lessee will repair according to notice in writing (reasonable wear and
tear and damage by fire, lightning and tempest excepted);
AND that they will leave the premises in good repair (reasonable. wear and tear and
damage by fire, lightning and tempest only excepted);
Assignment AND will not assign or sub -let the whole or any part of the demised prcusiscs without leave;
the Lesser lu•rchy waives and renounces the henelit of any present or future act of the Legislature
of Ontario which would allow the Lessee to assign or sub -let this lease, without leave'of the Lessor.
AND the said Lessee covenants with the said Lessor, its successors and assigns:
Business (a) THAT the said demised premises will not, during the said term, be at any tittle used for any
other purpose than that of
Fixtures (b) AND THAT no fixtures, goods or chntlels of any kind will, except in the ordinary course
of business, be removed front the demised premises during the terut herchy demised or at any lime
thereafter without the written consent of the Lessor, its successors or assigns, being first had and
obtaiurd, until all rent in arrears as well as all rent to hcconie due during the remainder of the ileo
hereby granted shall have been idly paid, or the payment thereof secured to the satisfaction of the
Lessor or its assigns.
Electric (c) THAT the Lessee will not, during the said Terni or at any little prior or subsequent theirlo,
Power purchase, acquire or use any electric current for lighting or other purposes except front 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.
(d) THE Lessee hereby covenants to pay all charges lot- electric energy (for light and power)
and gas used by the Lessee in the demised premises.
Alterations, (e) THAT if the Lessee shall during the said term desire to affix or erect partitions, counters
Paditiom, 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 lime and front time to tittle provided that the Lessee s rights to make such alterations
to the demised premises shall be subject to the following conditions:—
( I ) THAT before undertaking any such alterations, the Lessee 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 force
affecting the demised premises,
(3) TIIAT 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 of any partitions or fixtures, without the written consent of the Lessor being
first had and obtained.
(g) THAT, at the expiration of the tern 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 front 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.
Bankruptcy (h) THAT, if the term hereby granted or the goods and chattels of the Lessee or any assignee
or or sub -tenant shall be at any time seized or taken in execution or attachment, or if the Lessee or
Insolvency any, such assignee or sub -tenant shall make an assignment for the benefit of creditors or shall
become bankrupt or insolvent, or make a proposal to its creditors, or without the consent 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 Io
liquidation or winding up, either voluntary or compulsory, the said term shall immediately become
forfeited and void, and all amount equivalent to the next ensuing three months' rent shall be at once
due and payable.
Rules and (i) TIIAT the Lessee and its clerks, servants and agents will at all butes during the occupanry
Regulations of the demised premises observe and conform to such reasonable rules and regulations as shall he
made by the Lessor front time to time including the rules and regulations set forth in Schedule "A"
hereto and of which the Lessee shall be notified, such rules and regulations being deemed to Ile,
incorporated in and form part of these presents.
Remodelling (j) 'THAT, in the event of the Lessor desiring at any time during the term, or any renewal
and Sale thereof, to reniodel.tbe said building, orally part thereof, or to take clown the said building, the
Lessee will on receiving six months' notice in writing, surrender this lease and all the remainder of
the tern, if any, then yet to come and unexpired, as from the day mentioned in such notice, and
will, subject nevertheless to like provisions hereinbefore contained thereupon, vacate the premises
and yield up to the Lessor the peaceable possession thereof. I'1 IS UNDERSTOOD that the said
six I11onths notice need not expire at the end of any year or at the end of any month, and in the
event of the clay fixed for termination of lite lease expiring on some tither day than the last clay of
a month, the rent for such month shall be apportioned for the broken period.
11' 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
t I `
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er. A Mfi.. n„dl.d
Commercial J.ease—Page 3. Form BfO.fff
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t•nvy, l.Al 1001, Dr. A onrlum IAmI1N1
of Municipal icipal Governments then the Lessor shall have the right notwithstanding anything IICI'elll
contained it) tel'llllnale this lease upon giving three months notice ill wf'I llllg l(1 lI1C lessee of his
Lesser.. bonus of three rnontll5 relit, ill which latter
intention so to do 111• by paying the said a
event, the Lessee undertakes to vacate the said premises al the expiration 11f thirty (at)) days flolll
premises
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the delivery of such notice.
Protective TfIE LESSEE agrees to pay the cost of any installations, additions, m alterations to the
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installations said premises that the Lessor may be required to make by any Municipal, Provincial or oiler
by system used by the Lessees, for the
governing authority, or requested any private protective
security and protection of the Lessee and his employees and liis or their effects including but not
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so as to limit tile foregoing installations, additions and alterations for fire and theft protection and
all such Installations, additions, or alterations shall forthwith become tile property of the Lessor.
Dbtress AND the Lessee further covenants )ronlises and agrees with the Lesser that nutleitl•
Province of Ontario, none of the goods
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standing any present or future Act of the Legis attire of the
or chattels of the, Lessee at any time during the continuance of the term hereby created ml the said1
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demised premises shall be exempt frons levy by distress for rent in arrears by the Lessee as provided
for by tile said Section of %aid Act, and that upon any claim being made for such exemption by the
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Lessee or on distress beingMade b the Lessor, this covenant and agreement Inay be pleaded as an
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estoppel against the Lessein an action brought to test the right to the levying upon any such glxlds
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N�'1 c'r
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as are named exempted in the said Section, the Lessee waiving as he lie, docs all and e%
as
benefit that or might have accrued to him under and by virtue of the said section of the said.
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could
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act but for the above covenant.
The Lessor covenants with the Lessee for quiet enjoyment.
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The Lessor further covenants with the Lessee as follows:
Taxeeand (a) '1'o pay all taxes and rales, municipal, parliamentary or otherwise, including water rates
Ilalee f(11' the normal supply of cold water to the said premises, assessed against the denllsed pl'e'llisi's of
the Lessor or Lessee on account thereof saving and excepting any business taxes and taxes upon
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property or income of the Lessee, license fees, or other taxes imposed upon the property,
�urrsonal
)usiness or income of the Lessee;
PROVIDED THAT;
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(i) IN 'I7IE EVENT' of the Lessee being assessed as a Separate School Suppm'ter, will by
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reason thereof the amount of the taxes payable on the said premises bring increased over
the amount payable on an assessment as n Public Schnot Supporter, then and ill such event
the Lessee covenants and agrees with the Lessor to payy to tbr. Lessor the amount of sorb
increase upon demand being made therefor in writing by the Lessor. It is unclerstoml and
agreed that such increase shall be payable by the Lessee notwithstanding the fact that :d
the tinge such demand is made, the Lcsscc may have ceased to be a tenant of the Lessor.
In the event of the Lessee failing to pay to the Lessor the aulount of sllcfl increase olloo
demand as herein provided, then the Lessor shall (lave 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 i[ there shall be all
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increase in municipal taxes payable by the landlord over the amount shown by the
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immediately last tax bill issued by the municipality, in which IIIc demised premises aro
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
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any such increase in municipal taxes shall be deemed to be part of the rent reserved here
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under and all the remedies available to the Lessor relating to rent both hereunder and it
law shall apply, mutatis i nitandis, thereto.
Healing (b) To heat the said premises between the. I''ith clay of October and the Ist day of May next
ensuing in each year in such manner as to keel) the said premises at a rCasonablC temperature for
thexcasonable use thereof by the Lessee during reasonable business hours except during the making
of repairs, and in case the boilers, engines, pipes, or other apparatus or any of them used in effecting
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the heating of the said demised premises shall at any time become uicapable of heating said
premises as aforesaid, or be damaged or destroyed, to repair said d. age or replace said boilers,
engines, pipes or apparatus or any of them or (at the option of the Lessor) substitute other healing
apparatus therefor within a reasonable ,time, provided, however, Ihat the Lessor shall not be liable
for indirect or consequential damages for personal discomfort or illness arising from any default
of the Lessor;
heeeu (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 n( the
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slain 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 tinge.—•
PROVISO for re-entry by the said Lessor on non-payment of rent or non-perforornlllce
of covenants.
Voidance of 11' IS EURTII1:R DECLARED AND AGRI'KD that in case the said premises or any
Lewes part thereof, become and remain vacant and unoccupied for the period of fifteen days, or he used by
Improper written
an other person or persons, or for an other nlrulse than as above provided, without the
Improper Y P I Y I I
Uq consent of the Lessor', this lease shall, at tile option of the Lessor, cease and be Vold, and the teem
hereby created expire and be at an end, anything hereinbefore to the contrary notwithstanding
and the proportionate part of the. currcut rent shall thereupon become immediately clue and
payable, soli the Lessor nary 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 teras;
or in such case instead of determining this lease as aforesaid and re-entering upon the drnlised
premises, the Lessor may tike possession of the demised premises, or any part or parts thereof, and
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let and manage, the sank and grant any lease or leases thereof upon such terms :is to the Lessor
;
or its assigns may appear to be reasonable, and demand, collect, receive and distrain for all rental
Commercial Lease—Page 4. or. d e.". 1i I
., 'i Form 650.656
rnpyruht 1901, n)e A
Ihnlmin I.Imll.a
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Witten sllall become payable in respect thereof, and apply tile sant tell after deducting:Ill
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expenses incnl•1'el in connection whit the demised premises ,till in the collection Of till; said "'"I
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including reasonable commission for the collection thereof and the management of the drulised
premises, upon the rent hereby reserved, and the Lessor and its assigns and every such agl`Ill
acting ns af(11'l`sn,<1 fl-out little to little, Shall in so acting be the agents of the Lessee, Who alone shall
he responsible for their acts, and the Lessor and its assigns shall not be accountable for any ulunrys
except those actually received, notwithstanding any act, neglect, onlission or default or any such
agent acting as aforesaid.
Witter and
AND IT IS FURTHER DECLARED AND AGREED THAT the Lessor shall not 1w
Gas Damage
liable for any daninge to any property at any tinge upon the demised pielllses arising hon, gas•
steam, water, rain or snow, which clay leak into, issue or (low front any part of the said building.
or front the gas, water, steam or drainage pipes or plumbing works of the same or front any ollivi
place or quarter or for any damage caused by or attributable to the condition Or arrallgenient of any
electric or other wires in the said building.
99
The Lessee shall be liable for any damage done by reason of waterbeing left running
therein.
front the taps in the demised premises or from gas permitted to escape
Bisksof
AND the Lessor shall not be responsible for any personal injury w'hifh shall he suslainrl
Injury
by the Lessee or an employee, customer, or other person who tray be upon the, demised pivin ISI`s
oI in the said building, or the entrances or appurtenances thereto. All risks of any such injw c
being assumed by the Lessee, who shall hold the Lessor harmless and indemnified therefroul.
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II Notice of
THE Lessee shall give, the Lessor prompt written police of any accident of other defect in
Accident
the sprinkler system, water pipes, gas pipes or healing apparatus, telephone, electric or other (wires
oil any part of the premises.
i Insurance
Tf IE Lessee covenants with the said Lessor that his said business to be so carried On in Ill'
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said building will not be of such a nature as to increase the insurance risk on the said prenlisns on
rause the Lessor to pay an increased rate of insurance mwiuuis on tela ;all 1 remises by rrasnn
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theicof and it is distinctly understood that in case said Business so caltied on the Lessre is OI
becomes of such a nature to increase the insurance risk or causes the Lessor and/or other ocropanls
f
o[ the said building to pay an increased rate of insurance prenliuuls, that the Lessee will ham limy
to lime pay to the Lessor the increased amount of insurance preniunls which tit(, said LCSRmalit
Other occupants of the said building have to pay in consequence thereof; provided that the I—ser
covenants that he will not carry on or permit to be carried on any business in the said buildill�rr Which
may slake coi(I or voidable any insurance held by the Lessor or tile. other occupants of lute said
building.
I Business
PROVIDED that the Lessee will not do or perulit anything to be (Ione on the said
not to be a
Nuisance
Ill ciltises or perulit or keep anything therein which may be annoying to the Less()'- or olhrt
Occopants of the Said building OI' Wlllch elle said Lessor Illay (ICCn, to Ile 1 nuisance and Illal 1111
machinery shall be used therein which shall cause any unglue vibration in or to the Said prrmisrs
and that in case of the Lessor of any other occupants of [lie said building reasonably complaining
that any machinery or operation or process is a nuisance to it or them or which causes any under
t. ;'•I
vibration or noise In the sai(I trewises plat a on reccivin 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 thrnl
or conflict with any of the rule and regulations of the Board of Health or with any Statute of
municipal by-law.
' sign
AND IT IS HEREBY FURTHER AGREED by and between the said Lessor and the said
Lessee that Ito sigh, advertisement of notice shall be inscribed, painted or affixed by tile sal(j 1.l`SSI`l•
;
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on any part of the outside of inside Of the building whatever, unless of stied inan let-, color, size :Illli
style and in spirit places upon or in said building asshall be first designated by (lie Lessor. and.
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furtliciinore, the Lessee, on ceasing to be Lessee of the demised premises, will, before relm it
ills goods all([ fixtures (gout the said premises, cause any sigh as afol'CSaid til be relllo% nr
obliterated al 1115 own expense ,till 1❑ R WOI'kinallike manner to the satisfaction of the lessor.
Elevator
Till, Lessor undertakes to Maintain elevators in said building which are to be run coling
the ordinary business hours of every business day of the year, but not during public holidays oi'
Sundays, except at the option of the Lesson'.. 7lle Lessee shall, subject to the Lessor's rules and
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regulations, havC free use of such elevators in cononon with others lawfully using dile Sallie, but tilt`
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Lessee and Its employees and all other persons using any such elevator shall d(1 SO ,it Its, 1115, ilei'
or their sole risk, and under no ci rct unstalices shall the Lessor be held responsible for any (1, Ili gt`
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or injury happening to any person whilst using such elevator, or occasioned to any persoll
by such elevator of any appurtenances and whether such damage or injury shall happen by reason
of the act, omission of- negligence or otherwise of the Lessor, or any of its employdes, servants,
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agents or otherwise howsoever.
Water
THE, Lessor agrees to pay for normal water collsinned oil tile said premises but in ([Ie
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event of any abnormal consumption of water eitherby reason of the character of the business ca)lird
on by the Lessee or by the use of mechanical or other contrivances the Lessee consents to the
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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.
Plate
THE Lessee agrees at his own expense to replace any plate glass or other glass that has
Glass
been broken or removed (luring the tent of the within lease or of any renewal thereof and will
during the said teen keep the plate glass fully insured in sonic company approved by the Lessor.
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• Fres
PROVIDED that if (luring til(: te•m herein or any renewal thereof the prcmisrs shall hr
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destroyed or damaged by fire or the elements then the following provisions shall apply:
(a) If the diff raised 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
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happening of such injury, then the teen hereby granted shall cease and be at an end to all intents
r
Dr. 6 Dinh- lhviwd
Lease f,.
d1,10Commercial
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-1 age
Form 650-666
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1`npyrl.hl 1084. urn A Dmhnm limited
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SCHEDULE OF RULES AND REGULATIONS FORMING PART OF THE WITHIN LEASE
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I. The ddrwnikfl, entrnnren. rh•vnlorn. MflIIWIYa sand rnrrlJorA of the bulldlnR shall n0l be "Intended by all IrnnnU .r .aril
building.
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by lLrm for any other poo l,onc than for Ingress and eRrcne Go nail from Ihcir rapecllve and no lenanl nholl place or allow to b,
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pinced In the hnllwaym, ,rridnra n stairways any waste Police, dust, garbage, refuse or any thing whelerer that .hill lend to make
16rm am,enr ...Iran, untidy .r filthy.:
2. The flour, sky-lhcht. and windows that reflect or admit light Into p-ageways r Into pny piece In the sold building
Abell not he covered or nixucled by any of the tenant., rid n. awnings shall be put over any window; the water closets mnA other water
nppnrndtn slmll n I be unset for any purpnne other than those for which they were constructed, and no ew .pings, rubbleh, reRn, ashen or
other eubminnee shall be thrown t ierrho, and any damage resulting to them from misuae .ludl be borne by the tenant by whom or by
,
who,. employee the dam.ge son. council.
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3. All window signs, Interior signm end algnm on Ripon doors must be approved In writing by the lessor before the Leuee engages
• six. emlraeloe to point ..Id sign., and all much eIxna shall be painted In the form previously w approved by the Lenear.
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t. In "event that the Le -or provides and Inmt.lix inPublle Dl ref tory 11 -rd .oil, the ..In entrance to the bulldtng, the
lennnt's or trnnntr ns tie or name. hnll Ine plaeed on the sold Hoard al the expense of such tenant or tenants, am* to be charged
to the truent or tennnln In the month's bill for rent next rendered, and shall be recoverable a rent.
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6. I[ tiny sign• adverlieemenl or notice .hall be Inscribed, painted or aMxed by the Lemsee on or to any part of the sold building
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whnleven then the tenon. nhnll be al liberty to enter n veld Premises end pull down and lake away any such sign, advertisement or
notice, and the rxnrnnr thereof shall be payable by the I..-.
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6. If by r,a,on of any .Ileraliunx which the Leasee may mnke .r msy Dtrmll to he made, with or without the conArnt
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tit Ih l,esnor, In an "art
1 rt of the Aemlmed prernlnes or to any lure. In the Jembeol prem 0. the pddillon of any equlDmenl or Ihr';I
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use o[ any mnlerlai which the lenne.e. Ile emPloyeee 0r other Persons permleted by the Lessee to be on the premlees msy use or .keePa.". In
the sold prendmen, 0r 'any hnntte In the lyPe of o.cunnncy of the deminmd Premise. which the Lessee mnYY mnke or Dermlt M he medr,
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Throe Is any Incrrnne In Ihu Immnrnnrc prcnJumn pnynhle byy the boon.r on any fire Inmurane! whish msy be b. egret ar which the Iwnsor
11.1 y heren(ter pinro upon the LuilJlig f which the dentlseJ premints form n part, the Lessee o re.s M pny to the lantaor the amoanl
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of much Incrra.e, and the Parties agree that a statement by the Insurance broker of the Lessor o[ the amount of such Increase shill be
anal and binding upon the parties.
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N. oaten. mnehinro y. Muhmum,, heavy merchandise ,r moything Ilohla to Injure or destroy any part of the building shall
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hot take.,-,. m It wilhmtl the consent or the Leanor In writing. and it.. I-nr. shall In .II epees retain the power to Ilmlt the welRht and
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Ind Irate the place where su.h rife r the like Is to stand, and the cost of repnlrtna pny end all damage done to the hulldlnR by laking
In or putting out much fe or the like or during the time it In In or on the premlmee. shill be paid for on demand Ly the tenant who no
causes it. No le ... t .hail lond any floor beyond Its reasonable weight carrying capacity ar set forth In the munlcdpd or other code.
applicable to the building.
B. In order !hot the demined premises may be kept In a good slate of preservation and cleanliness, the tenant shall during the
continuance of Its lease permit the janitor or caretaker of the Leawr to take charge of and clean the demised Premises.
B. No tenant shelf employ any person or persons oother lhnn the janitor or caretalor of the lessor for thelurpose of such
lenning or of taking charge of sold premises, It Leiria understood and .greed that the Lessor hill be In no wine responsibe to any tenan t
far any los. of property from the demined premines, however occurring, or any dnmage done to the turn or other effects of any tenant
by the Janitor or caretaker or any of Its employee..
10. The Leon -hall have the right M enter the demined Preminem at reesonrt6le hours In the day to examine the name or to mnke
n.fh rtpelra mad olternUonssit hall deem necennary for the safety and prenervnthm n[ the building. andole. during the three months
previnun In the expiration of the Jenna of the itprenlne., to exhibit the set premisea to be lel and Dut upon Ikem Its usual n0llce
'For Rrnt", which said notice hall not be removed by any tenant.
11. Nothing shall be thrown by the tenant., their clerks or servants, out of the windows or doers or down the passage. and
sky -light. of if,. building.
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12. No anhoaln shall be kept In or about the premises.
13. If the Lennce denires telegraph or telephone, tall bell or other Private signal eonnectlom, the l,eeanr reserves the right to
direct the fl.Clrlf1a11R or the. workmen as to where and how the Tres are to be Introduced, and without Duch directions no boring or
cutting for wires .hall take place. No other w•Ires of any kind shall be Introduced wlthoul the written consent of the Lessor.
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14. No ono shall time tLe lenmed premise. for nleeping apnrlments or residential portion,$.
I6. Tcnnnle nod !heir employer., shall ..I make or commit any Improper notes In the building, or In any way Interfere withor
annoy other lennnla or !home having business with them.
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16. All to onto must oMrrve strict care not to allow their windows to remain open so p, to aim t rain or snow, or so as to
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interfere with the henting of the building. Th tennis neglecting this rule will be remponeible for any Injury ranked to the property of
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other tenon to or to the 1 roptrty of the Leman, by Ruth e.relesserno. The lesser, when closing office. for bus nems, day or evening. .hall
.lane all whulnwe end Inrk all d,mrs.
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17. The Lenore agree, not to piece any addllional locks upon any doors of the demised premlees end not to permit eny duDllenle
key. to be made Therefor, but to one only addlUonRI keys obtained from the Lessor, at the expense of the Leasee. end to surrender to
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Iexsor on the lermhmtion of the leave all keys of the said premise.,
16. The. teener nhnll ghe to the Ginner prompt written notice o[ any aelldent or any defeat In the water pipes, gas DID., heating
nppmentun, telephone or electrie IS I, or other wire. In any part of amid building.
IB, No Infla munbde oils or other Inflammable, dangerous or expkulve materials shall be kept or permitted to be kept In the
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d.mised premlees.
20, The caretaker will have . charge of all redinlor. and will give all Infemetlan for the management of the same. and the
Lenaec Atoll Rive to the tenor prompt written notice of any pendent to or defect. In the water pipe@ or heating apparalua.
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21. N0 bicycle. or other vehicles shall he brought within the buliding or upon the I-sor's properly. Including any lane or
courtyard.
22, Nothing obell he 0.-1 on the mdaide of windows or projections of the demixed premisen, No air-conditioning equipment mhell
be placed at tho window, of the demised premises without the. convent In writing of the Leswr.
23. Spikes, honks, nnllm, screw, or knobs shall not be put Into the walls or woodwork.
24. No freight, :furniture or tinckages will be received in the building or carried up or down In the elevator between the hours of
B a.m. and 6 p.m.
25. All gl..,, locks rid lrinumlnk In or upon the doua or wlndown of the demised premises shall be kept whole and whenever any
part thereof Omit become broken• the none shall be immediately replaced or repaired under the direction and to the vatbfaction of the
len,or, and such replacements and repairs .hall he Peld for by the Lessee.
2R. No heavy equipment f nny kind shall be moved within the building without skid. being placed under the same, and without
the e.nnent of the Lessor in writing.
27. Any alterations, odd111onn, renewals or changes made In the partitions or divisions of the room. or linoleum floor* during the
currencyn[ thin Icner .bell. If made at the equent of the Le.eve, be done by the Le.wr at the expense of the Lessee, and shall be subject
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to the approval In writing end direction of the Leeeor.
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2B. The Iesnor shall not be liable for any damage to any property at any time n the demised premises, nor for the theft of any
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of the nl,l p -party. nn hall It. he 11 able for an escape or leakage of smoke. Rns, water, rain or snow, howsoever council oar for nny
of
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to the property the I,eence.
29. Any Perron entering upon the roof of the building does on at his own rink.
iJryrf '.
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$0. The Lenore shall not enter Into any eonlrnct with any person or persons or corporstlane for the purpnne of supplying towel,,
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noon or manilny nupplit.. etc., lee or spring wnta•r, oaten. the nnid person ur person. or rtioratlons agree that the time and Pince of
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delivery of ouch article. and the eIevnt,r service to be used In connection therewith Dhall be eobject to such rules and regulation. as
the Lee.tir mny from time to time prescribe.
91. Tomato, their axenls and employees ahail not lake Good Into the elevator or Into public or rented portions of the building
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onleme ouch f00d In carried In covered receptacles approved by the lessor In writing. J
92. The le,eor reserves the right to realrlet the use of the demised Premises to the Lemmas and/or its employees titer 6 p.m.
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36, No lennnt shall make n Ivor -to -door canvass of the building for the purpose of selling any products or services to the other
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tenants without the written consent of the Lexmor.
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64. No tennnt shall be permitted to do cooking or to operate cooking apparatus except In a portion of the building rented for the
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purpose.
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U. '['he I -D., hall have the right 10 mnke such other and further rennnemhle rules and regnlallon. and to niter. Rmend or
cancel nil rules rind reguintlunn an in it, Judgment may from time to time he needed for the Anfety, care and cleanllarms of the building and
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for the premervation of gaol order therein and the home .hall be kind nail obmcrved by the lenanl., their clerks and servants. The Lcsnnr
may from time to time waive any of much rules and regulations u applied to particular tenants and Is not liable to the Leasee for breather
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thereof by other tenant.,
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Dr. & MA.. limfl.d
Commercial Lase—Page u, corm sso.sss
O'm"lml Ml. Ule A 1) ham Umltrd
and purposes from the date of such damage or destruction, and the Lessee shall inunediately still rr
the same, and yield up possession of the demised premises to the Lessor, and the rent [roil the. time
of such surrender shall be apportioned;
(b) If the demised premises shall Ile capable, with reasonable diligence, of being wpairrd and
rendered fit for occupancy within one hundred and twenty days flotn the happening of such
injury as aforesaid, but if the damage is such as to render the demised premises wholly unlit 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 dhr 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 Ile repaired within one hundred and twenty days as aforesaid,
and if the damage is suds that the said premises are capable of being partially used, then until such
damage shall have been repaired, the rent shall abate in the proportion that the part of the demised
premises rendeed unfit for occupancy bears to the whole of the demised premises.
No Abatement THERE shall be no abatement from or reduction of the rent clue hereunder, nor shall ill(-
of
heof Rent Lessee hr entitled to damages, losses, costs or disbursements from the Lessor during the term herel'
created on, caused by or on account of fire, (except as above), water, sprinkler systems, partial elr
temporary failure or stoppagge of heat, light, elevator, live steams or plumbing service lit or to the
said premises or building, whether elle to acts of God, strikes, accidents, the making of alterations.
repairs, renewals, improvements, structural changes to tile, said premises of buildings or the equipment
or systems supplying the said services, or from any cause whatsoever; provided that the said faillue
or stoppage be remedied within a reasonable time.
Right to THAT the Lessee will permit the Lessor to exhibit the demised premises during the last
Show three, months of the term to any prospective tenant and will permit all persons having written
Premises authority therefor to view the said premises at all reasonable hours.
Notices 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 Lessec, be given by a writing left at the
drulised premises or mailed by registrrrd 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 nailed 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 Ile.
Over PROVIDED further and it is hereby agreed that should the Lessee hold over after (lite
r(olding expiration of this lease and the Lessors thereafter accept rent for the said prensises, the Lessee shall
hold the said prensises as a monthly tenant only of the Lessors but subject in all other respects
to the terns and conditions of this lease.
The words importing the singular number only shall inchsde the Aural, and vice versa, and
words importing the masculine gender shall include the feminine gender, and words importing
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 (he executors, administrators,
successors and/or assigns of the said Lessor and Lessee, respectively, and when there are two or mole
Lessers bound by the same covenants herein contained, their obligations shall be joint and several.
Gln Ujtjle�o Uf)ereo( the parties hereto have executed these presents.
SIGNED, SEALED and DELIVERED
In the presence of
N.W.Ing
THE CORPORATION OF THE TOWN OF NEWCASTLE
Per:
ayor
Per:
Clerk
3,
or of the of
In the
To Wit:
make oath and say:
I. THAT I was personally present and did see the within or annexed Instrument and a
Duplicate thereof duly signed, sealed and executed by
the part
2. That the said Instrument and Duplicate were executed by the said part
14 at the
of
3. That I know the said part
4. That I am a subscribing witness to the said Instrument and Duplicate
SWORN before me at the
of
in the
of
this day of 13
A Commissioner, etc.
AFFIDAVIT AS TO LEGAL AGE AND MARITAL STATUS
PROVINCE OF ONTARIOI/WE............. ............ ........._:..................... .....................,..........
COUNTYOF • of the...................................................................................of
sl,lk.o.I To Wit: ) in the County of.......................................................................................................................................................
wn d. end
puts .0 in the within instrument named, make oath and say that at the time of the execution of the within
.nd InuLL instrument,
t. I was of the full age of twenty-one years;
II Allorn
fee footnotol
e.
2. And that
who also executed the within instrument of the full age of twenty-one years
3. I was legally married to the person named therein as my wife/husband;
4. I was unmarried/divorced/widower.
SWORN before me at the.............................................................................
of. . ........................................................................................................................................
inthe .......................................................
....................:......................................................
this_.................................................. day of.................................,......................
A.U. 19
A Commissioner for taking Affidavits, etc.
NOTE: If Attorney, substitute in space provided "I am Attorney for........................(State name)......................,
one of the parties named therein and he/she was of the full age of twenty-one years."
thereto.
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thereto.
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SCHEDULE "A"
During the first year of term hereof, namely from February 1st, 1987
to ,January 31st, 1988, the Lessee shall pay to the Lessor an annual rental of
SIXTEEN WOUSAND THREE HUNDRED EIGHTY DOLLARS ($16,380.00) payable in equal
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monthly installments of THIRTEEN HUNDRED AND SIXTY-FIVE DOLLARS ($1,365.00) due i
on the 1st day of each and every month from and including February 1st, 1987 to
and including January 1st, 1988; this rate being 2,520 square feet @ $6.50 per
square feet;
1. The Lessee shall have the right and option to renew the within lease
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upon maturity on a month to month basis upon the same terms and conditions save •`"y`y
and except as to rental amount, which shall be in equal monthly installments of
FOURTEEN HUNDRED AND SEVENTY DOLLARS ($1,470.00) due on the first day of each
and every month from and including February 1, 1988. A notice of renewal shall
be served in writing upon the Lessor at least three (3) months prior to the y,
expiry date of the lease herein.
2. The Lessee shall have the right to terminate the contract upon three (3)
months written notice to the Lessor.
3. For greater certainty the parties hereto acknowledge and agree that the
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Lessee shall pay in respect of the premises all taxes and municipal rates,
including local improvements, all costs of heating, lighting, water, sewer, all
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utilities.
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4. The Lessee shall in respect of the premises maintain the same inside and
out including the grass and removing the snow as required.
5. The above financial terms will be encorporated into the attached
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Commercial Lease by Dye and Durham Co. Ltd., Form No. 650-656.
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att
G� it t
The Corporation of the Town of Newcastle
- By -law -No. -87- --
Being a by-law to authorize the entering