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HomeMy WebLinkAbout2003-099 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2003- 099 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and The Regional Municipality of Durham, to enter into a lease agreement for space at the proposed Courtice Fire Station located at 2611 Trulls Road, Courtice, Ontario. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, The Regional Municipality of Durham and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. 23rd June By-law read a first and second time this day of , 2003. By-law read a third time and finally passed this 23B<ay of Jun~ 2~. ::--=-,:.:_ ~'_:--'j:::;'-'-:~/ -:-~_. John- ~.: >"'"t-c ./ '/> -,-_.'.---S The Regional Municipality of Durham Works Department July 18, 2005 The Corporation of the Municipality of Clarington 40 Temperance Street. Bowmanville, Ontario L 1 C 3A6 Attention: 105 CONSUMERS.DRIVE PO BOX 623 Dear Sir: WHITBY ON L1 N 6A3 CANADA 905-668-7721 Re: Fax:905-668-2051 E-mail: works @region.durham.on.ca www.region.durham.on.ca C.R.Curtis,P.Eng.,MBA Commissioner of Works Heather Keyzers, A.M.C.T. Administrative Assistant to the Clerk Lease Agreement between The Corporation of the Municipality of Clarington and the Regional Municipality of Durham for approximately 2000 square feet of office space located at 2611 Trulis Road, Courtice for the Durham Regional Police Service Our File: LEA-C-5 With regard to the above-mentioned premises; enclosed herewith for your files is the lease agreement, which has been executed by the.Regional Chair and Clerk. We thank you for your co-operation with regard to this matter. Yours truly, Lorie Mutton-Verbrugghe Real Estate Division Enclosure cc: D. Simpson, Property Manager, Durham Police Service "Service Excellence for our Communities" 100%Post Consumer LEASE AGREEMENT THIS LEASE is made as of the 29th day of March, 2005 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the"Landlord") -and - THE REGIONAL MUNICIPALITY OF DURHAM (the "Region") ARTICLE I INTERPRETATION Section 1.01 Definitions In this Lease: (a) Business Day" means any day of the week except Saturday, Sunday or any statutory or civic holiday observed in the Province of Ontario; (b) "Building" means the building municipally known as 2611 Trulls Road, Courtice, Ontario, situated in the Regional Municipality of Durham and more particularly described in Schedule "A'; (c) "Commencement Date" means the 1St day of April 2005; (d) "Common Areas" means the areas of the Building outlined in yellow on the floor plan attached as Schedule"C" hereto and all parking spaces, driveways, sidewalks and landscaped open spaces which are not parking areas designated on the plan attached as Schedule "D" hereto for the exclusive use of employees and invitees of either of the Landlord's Emergency Services Department or the Durham Region Police Services Board; (e) "Lease" means this lease as it may be amended from time to time in accordance with the provisions hereof, (f) "Leasehold Improvements" means all fixtures, improvements, installations, alterations and additions from time to time made, erected or installed by or on behalf of the Region in the Premises including those improvements set out in Schedule "B'; (g) "Premises" means that part of the first(1S)floor of the Building outlined in blue on the floor plan attached as Schedule "C" containing approximately Two Thousand (2000)square feet of Rentable Area; (h) "Rent" means the rent payable pursuant to Section 4.01; (i) "Rentable Area of the Premises" shall be computed by measuring to the finished surface of the Premises side of any corridor and other permanent walls, to the centre of partitions that separate the Premises from adjoining premises, and to the inside finished surface of the dominant portion of the permanent outer walls of the Building, with no deductions for columns and projections necessary to the Building; (j) "Sales Taxes" means all sales taxes, value added taxes and any other taxes imposed on the Landlord or the Region in respect of the Rent or the provision of any goods or services by the Landlord to the Region under this Lease; and -2- (k) "Term" means the term of this Lease as set out in Section 3.01 and any extension or renewal thereof. Section 1.02 Headings The division of this Lease into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. Section 1.03 Schedules The following Schedules are incorporated into and form part of this Lease: Schedule "A"- Legal Description Schedule "B"- Not Used Schedule"C" - Floor Plan of the Building Schedule "D"- Plan Showing Designated Parking Spaces Section 1.04 Severabilit All of the provisions of this Lease are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force. Section 1.05 Number Wherever a word importing the singular number only is used in this Lease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Section 1.06 Governing Law This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Section 1.07 Entire Agreement This Lease constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. ARTICLE II GRANT AND USE Section 2.01 Grant In consideration of the performance by the Region of its obligations under this Lease, the Landlord leases to the Region the Premises together with the non-exclusive right to use Common Areas for the Term and covenants to observe and perform all of the covenants and obligations to be observed and performed by the Landlord under this Lease. In consideration of the performance by the Landlord of its obligations under this Lease, the Region takes the Premises on lease from the Landlord and covenants to pay the Rent and to observe and perform all other covenants to be observed and performed by the Region under this Lease. 391M Section 2.02— Parkin The Landlord shall provide twelve (12) designated parking spaces outlined in blue on the plan attached as Schedule"D" hereto, for the exclusive use of employees of the Durham Regional Police Services Board and their invitees at no additional cost to the Region. If all or part of the parking areas are made available to the occupants, tenants or their invitees of the Building as part of the Common Areas, then the Region, its employees, invitees and employees of the Durham Regional Police Services Board shall be entitled to use such parking areas, or any portion thereof, in common with the other tenants of the Building and others entitled to the use thereof. The Region acknowledges that the designated parking spaces outlined in red on the aforesaid plan are for the exclusive use of employees and invitees of the Landlord's Emergency Services Department. Section 2.03 Use of Premises The Premises shall be used only for general office purposes for the business operations and activities of the Region as a Community Police Centre and for no other purpose without the prior written consent of the Landlord. Section 2.03 Nuisance The Region shall not carry on any business or do or suffer any act or thing which constitutes a nuisance or which is offensive or an annoyance to the Landlord or other occupants of the Building. ARTICLE III TERM Section 3.01 Term The term of this Lease is ten (10)years from the Commencement Date. Section 3.02 Renewal Not later than six (6) months prior to the expiration of the Term, the Region may give the Landlord notice in writing stating that the Region wishes to renew this Lease for a further ten (10)years upon the same terms and conditions, except Rent, as are herein contained. The amount of rent to be paid by the Region during the renewal term, shall be the amount that the parties may agree is the then current rent, as of the date which is six (6) months prior to the commencement of the renewal term for comparable unimproved office premises in the vicinity of the Premises taking into consideration the incidence of tenant's inducements and allowances in the relevant market area. If three (3) months prior to the end of the Term, either the Landlord has given written notice to the Region that the Landlord does not wish to renew this Lease or the Landlord and the Region have not agreed in writing to the amount of the rent to be paid during the renewal term which is desired by the Region, this Lease shall terminate on the expiration of the Term. Section 3.03 Overholding If the Region remains in possession of the Premises after the expiry of the Term, there shall be no tacit renewal of this Lease or the Term, notwithstanding statutory provisions or legal presumption to the contrary, and the Region shall be deemed to be occupying the Premises as a tenant from month to month at the Rent in effect during the last month of the Term and otherwise upon the same terms, covenants and conditions as are set forth in this Lease insofar as they are applicable to a monthly tenancy. ARTICLE IV RENT Section 4.01 Rent The Region shall pay to the Landlord as rent during the first year of the Term in lawful money of Canada the sum of Thirty-Eight Thousand Nine Hundred Dollars ($38,900) per annum in equal monthly instalments of Three Thousand Two Hundred and Forty-One Dollars and Sixty 1KJE Seven Cents ($3241.67)each on the first day of each calendar month during the Term, the first of such payments to be made on the Commencement Date or on the first day of the calendar month next following the Commencement Date if the Commencement Date is not on the first day of a calendar month. If the Commencement Date is not the first day of a calendar month, then rent for such month shall be pro-rated on a per diem basis, based upon a period of 365 days. The rental rate shall be adjusted annually in accordance with the Consumer Price Index(CPI). Section 4.02 Construction of Premises If the Premises or any part thereof are not ready for occupancy on the Commencement Date, then Rent shall abate for that portion of the Premises which is untenantable and full Rent shall only be payable when the entire Premises are ready for occupancy. Section 4.03 Measurement and Adiustment The Landlord acknowledges that the Rent has been calculated based on an annual rate of Nineteen Dollars and Forty-Five Cents ($19.45) per square foot of Rentable Area of the Premises. The Landlord, at its expense, shall deliver to the Region an architect's certificate within three (3) months of the Commencement Date, certifying the actual Rentable Area of the Premises and that of the Building. If the Rentable Area of the Premises is more or less than 2000 square feet, then Rent shall be adjusted accordingly provided, however, that under no circumstances shall the Rent be increased to more than 102% of the Rent set out in Section 4.01. Section 4.04 Sales Taxes The Region shall pay to the Landlord all applicable Sales Taxes at the same time as the amounts to which such Sales Taxes apply are payable to the Landlord under the terms of this Lease. Section 4.05 Manner of Pavment The Region shall make all payments of Rent by way of cheque made payable to the Landlord (or to such other person as the Landlord may designate by notice) at the address specified in Section 12.05 (or such other address as the Landlord may designate by notice). Section 4.06 Charges The Landlord agrees to pay all charges, impositions and outlays of every nature and kind relating to the Premises and the Building except as expressly set out in this Lease. The Landlord shall pay the cost of water, electricity, heat, garbage removal,janitorial services and snow and ice removal during the Term. The Region shall pay the cost of telephone, facsimile transmission and computer services which serve the Premises. ARTICLE V MAINTENANCE, REPAIRS AND ALTERATIONS Section 5.01 Maintenance and Repair of Premises Except as otherwise provided in this Lease, the Region, at its sole cost and expense, shall maintain and keep in a good and substantial state of repair the Premises and make all necessary repairs thereto, save and except structural repairs and other repairs which are the responsibility of the Landlord in accordance with the terms of this Lease. Section 5.02 Landlord's Maintenance and_Repair The Landlord, at its sole cost and expense, shall maintain and keep or cause to be maintained and kept in good and substantial state of repair the Building (but excluding the Premises to the extent that the Region is obliged to repair and maintain same)and all parking spaces,walkways and other Common Areas used in connection therewith, and all utilities and services necessary for the operation of the Building consistent with the standards of a careful and prudent owner having regard for the Building's size, age and location. The Landlord shall use its best efforts to minimize the disruption to the Region's business operations during any such maintenance or repair. -5- Section 5.03 Notice of Damage The Region shall give the Landlord notice of any damage to or defect of which it becomes aware in the electrical system, heating, ventilating, air-conditioning and plumbing systems or any other system or part of the Premises which the Landlord is obligated to repair and maintain. Section 5.04 Alterations to Premises The Region shall be permitted at any time or times, at its sole cost and expense, to paint and decorate the Premises, and place such interior signing as it desires and such exterior identification signage as is approved by the Landlord. In addition, the Region shall be permitted to make such Leasehold Improvements as it requires provided that such Leasehold Improvements are first approved by the Landlord, and are not of a nature to endanger the structure or reduce the value of the Premises or the Building and provided further that they are made by the Region in conformity with all statutes, regulations or by-laws of any federal, provincial or municipal authority applicable thereto. The Region shall give the Landlord notice of its intention to make any Leasehold Improvements and, upon request, shall supply the Landlord with copies of the plans for the proposed Leasehold Improvements. Section 5.05 Liens The Region shall ensure that no lien or claim for lien is registered against any portion of the Building or against the Landlord's or the Region's interest therein for services or materials supplied at the request of the Region. If a lien or claim for lien is registered or filed, the Region shall, within thirty(30) days after it has received notice from the Landlord, procure the discharge thereof, failing which the Landlord, at its option, may discharge the lien or claim for lien by paying the amount claimed to be due into court and the amount so paid shall be paid forthwith by the Region to the Landlord. Section 5.06 Removal of Leasehold Improvements The Region, at its option, may remove any Leasehold Improvements which it has installed provided it restores the Premises, as nearly as possible, to the state they were in before such Leasehold Improvements were made. It is agreed, however, that the Region shall not be required to remove any Leasehold Improvements upon the expiry of the Term. Upon the expiry of the Term, all Leasehold Improvements remaining on the Premises shall become the property of the Landlord without compensation to the Region. ARTICLE VI INSURANCE AND INDEMNITY Section 6.01 Region's Insurance The Region, at its sole cost and expense, shall take out and maintain: (a) insurance upon property owned by it which is located in the Premises; and (b) commercial general liability insurance pertaining to the Region's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises and Common Areas, such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than five million dollars ($5,000,000.00)for claims arising out of one occurrence. Section 6.02 Landlord's Insurance The Landlord, at its sole cost and expense, shall take out and maintain the following forms of insurance on or in respect of the Building in such amounts and with such deductibles as a prudent owner of a similar building would insure having regard for the Building's size, age and location: (a) Not Used a M. (b) "all perils" insurance on the Building (including the foundations and excavations and other parts of the structure)and the equipment contained in or servicing the Building, in an amount at least equal to the full replacement cost thereof, insuring all property of the Landlord, property for which the Landlord is legally liable or property installed by or on behalf of the Landlord and the leasehold improvements; (c) comprehensive general liability insurance including personal injury, broad form contractual liability, owners'and contractors' protective, contingent employers' liability, employers' liability, medical payments, products liability, completed operations, non-owned automobile liability, all coverages with respect to the Building and the use of the Common Areas and facilities; and (d) other forms of insurance as would be carried by a prudent owner of a similar building. All insurance carried by the Landlord shall contain a waiver of any right of subrogation which the Landlord's insurers might have against the Region and against those for whom the Region is in law responsible whether any such damage is caused by the act, omission or negligence of the Region or those for whom the Region is in law responsible. Section 6.03 Insurance Risks The Region shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the Landlord's insurance policies in force from time to time covering or relevant to any part of the Building or which would prevent the Landlord from procuring such policies with companies acceptable to the Landlord. If the occupancy of the Premises, the conduct of business in the Premises or any acts or omissions of the Region in the Premises or any other portion of the Building causes or results in any increase in premiums for any of the Landlord's insurance policies, the Region shall pay such increase to the Landlord. Section 6.04 Indemnification Each of the Landlord and the Tenant shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors'fees on a solicitor and client basis)to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the Landlord or the Region, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or wilful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. ARTICLE VII DAMAGE AND DESTRUCTION Section 7.01 Damage to Premises 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, then Rent shall immediately abate until such time as the Premises have been restored to tenantable condition, provided that reasonable written particulars of the damage or destruction resulting from fire on the occurrence of other insurable peril shall be given by the Region to the Landlord before any such abatement of Rent takes place. If in the reasonable opinion of either the Landlord or the Region the Premises are so badly damaged that they cannot be restored to tenantable condition within 120 days, then either the Landlord or the Region may terminate this tenancy within thirty(30)days of such damage or destruction upon notice to the other party. -7- Section 7.02 Partial Damaae If at any time during the Term the Premises are damaged to such an extent that only part thereof is tenantable, then Rent shall immediately abate in proportion to that 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, conditional on the reasonable written particulars referred to in Section 7.01 be given by the Region to the Landlord. If the Landlord does not begin to restore the Premises within fourteen (14) days of the occurrence of the damage or having commenced the restoration of the Premises does not proceed to complete it with reasonable dispatch, the Region may terminate this tenancy upon fourteen (14) days notice to the Landlord. This section does not apply in a case where damage to the Premises has been caused by a person who has been detained by employees of the Durham Region Police Services Board. Any such damage to the Premises shall be repaired by the Region at its expense as soon as is reasonably practicable after the occurrence of the damage. Forthwith thereafter the Region shall give the Landlord reasonable particulars of the damage and the repairs that have been made to the Premises by the Region. ARTICLE VIII ACCESS AND ENTRY Section 8.01 Riaht of Ent The Region agrees to permit the Landlord and authorized representatives of the Landlord to enter the Premises during normal business hours for the purpose of inspecting the same on prior notice to the Region (except in an emergency where no notice shall be required), and the Region shall arrange for such entry at a time convenient to both parties. The Landlord shall use its best efforts to minimize the disruption to the Region's business operations during any such entry. Section 8.02 Access If the Premises are now or hereafter served by an alley, easement or a right-of-way, the Region, its 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. The Region, its servants, agents, employees, licensees and invitees shall have full right to use the parking facilities in common with all others entitled thereto at no additional cost or expense. The Region shall have access to the Premises at all times (except in an emergency)at no additional cost or expense. The Landlord acknowledges that the Region will have access to and make use of the Premises twenty-four(24) hours a day, seven (7)days a week. Section 8.03 Exhibiting Premises The Landlord shall only be permitted to exhibit the Premises to prospective tenants during normal business hours during the last six (6) months of the Term upon 24 hours' prior notice to the Tenant. ARTICLE IX REMEDIES ON DEFAULT Section 9.01 Landlord's Riaht to Re-Enter If the Rent or any other amounts payable to the Landlord under this Lease shall remain unpaid for fifteen (15) days after the Region has received notice thereof, then it shall be lawful for the Landlord at any time thereafter to re-enter the Premises. Section 9.02 Landlord's Riaht to Remedy Default In addition to all other remedies the Landlord may have under this Lease and in law, if the Region is in default of any of its obligations under this Lease other than the payment of Rent, and such default has continued for a period of thirty(30)days after receipt of notice by the Region (or such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the Landlord will not be required to give notice), the Landlord,without prejudice to any other rights which it may have with respect to such default, may remedy such default and the cost thereof shall be added to the Rent due on the next succeeding date on which Rent is payable. Section 9.03 Region's Right to Remedy Default In addition to all other remedies the Region may have under this Lease and in law, if the Landlord is in default of any of its obligations under this Lease and such default has continued for a period of thirty(30) days after receipt of notice by the Landlord (or such longer period as may reasonably be required in the circumstances to cure such default, except in an emergency where the Region will not be required to give notice), the Region, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the cost thereof to the Region shall forthwith be paid by the Landlord to the Region. Section 9.04 Waiver No condoning, excusing or overlooking by either party of any default, breach or non-observance by the other at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of such party'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 Region 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 Region save only an express waiver in writing. ARTICLE X PRIORITY OF LEASE Section 10.01 Sale of Buildin The Landlord shall not sell, assign or otherwise transfer all or any part of its interest in the Building unless such sale, assignment or transfer is made subject to this Lease and all of the rights of the Region hereunder. Section 10.02 Subordination The Region shall not be required to subordinate this Lease to any mortgagee, chargee or other encumbrancer unless the Landlord has first obtained from any such mortgagee, chargee or other encumbrancer a non-disturbance agreement in form acceptable to the Region whereby such encumbrancer agrees that, so long as the Region is not in default under any of the terms and conditions of this Lease, the Region will not be disturbed in its possession of the Premises and to provide further that said mortgagee, chargee or encumbrancer, in the event that it goes into possession of the Premises, shall be bound by all of the terms and covenants of this Lease. The Landlord covenants to make its best efforts to obtain a non-disturbance agreement from any existing mortgagee. ARTICLE XI LANDLORD'S COVENANTS, REPRESENTATIONS AND WARRANTIES Section 11.01 Landlord's Covenants The Landlord, at its sole cost and expense, shall: (a)(i) except as otherwise provided in this Lease, operate, supervise, repair, maintain and clean the Building and the Common Areas and facilities used in connection therewith in a manner consistent with the standards of a prudent owner having regard for the Building's size, age and location; and (ii) provide janitorial service for the Premises including the following twice weekly: - replace light bulbs that do not function - sweep, wash and disinfect floors and baseboards - clean and disinfect washroom fixtures including but not limited to toilets, urinals grab bars, sinks and faucets, soap dispensers, door handles, mirrors - check corners for cob webs and clean as necessary take out garbage and recycling and replace empty garbage bags empty all mats dust and/or polish desks, cabinets,tables, phones, computers, photocopiers, fax machine clean finger prints and marks from light switches,doors and walls as required clean inside windows twice yearly, and supply janitorial supplies and equipment necessary to the performance of the above janitorial services, provided that should the Region approve and make a request to the Landlord to change to the janitorial service provided for herein respecting the frequency or content of the service,and the Landlord agrees in writing to the requested change,the parties hereto agree that the Rent for the Premises will be adjusted to reflect the actual cost of the requested change in the janitorial service;and (b) without limiting the generality of the foregoing,supply and install the following services and facilities on or for the Premises: an adequate electrical system including fixtures and outlets together with the initial installation and replacement, if necessary, of bulbs,fluorescent tubes,starters and ballasts; 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)and at other times of the year if required for comfortable occupancy; an air conditioning system sufficient to cool the Premises as required throughout the year to maintain a temperature suitable for comfortable occupancy(20-23 degrees Celsius); (iv) Not used (v) washroom facilities in Room 45 shown on the floor plan attached as Schedule"C" hereto for male and female employees and Invitees of the Region (including a handicapped accessible male and female washroom on every floor to be occupied by the Region)in accordance with the requirements established by the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended,and the regulations made thereunder and any other applicable provincial or municipal requirements, provided an appropriate supply of products such as toilet paper,paper towels and hand soap for use in the washroom facilities in Room 45 shown on the floor plan attached as Schedule"C"shall be the responsibility of the Landlord; (vi) maintenance of the exterior of the Building and the Common Areas and Including the landscaped open space, parking areas,driveways and walkways in good repair; (vii) snow and ice removal; (viii) one(1)two (2)-inch conduit from the communications tower at the location outlined in green on the plan attached as Schedule"D"hereto to Room 43 shown on the floor plan attached as Schedule"C"hereto for the future use; (ix) twelve(12)lockers in the locker room (Room 55 shown on the floor plan attached as Schedule"C"hereto), provided that the Landlord's cost of doing so is paid by the Region to the Landlord forthwith after written request to do so is given by the Landlord to the Region;and (x) conduit originating from Room 43 shown on the floor plan attached as Schedule "C°hereto for two (2)duplex receptacles,one (1)telephone connection and two (2)CAT-S network data connections at each workstation,and conduit reasonably required by the Region for surveillance and monitoring equipment for interview rooms, alarm systems and Key-fob entry system; - 10- provided that the Region at its sole cost and expense shall supply and install in the Premises and the Common Areas, as the case may be, at its cost: (1) all furnishings and equipment required for the Region's exclusive use and for the Common Reception area and Community Meeting Room (Rooms 46 and 47 on the floor plan attached as Schedule "C" hereto), (2) all telephone hardware and cable, (3) all data cable security system hardware and cable, (4) key-fob entry system hardware and cable, and (5) all surveillance and monitoring hardware and cable required for interview rooms (Rooms 52 and 53 shown on the floor plan attached as Schedule"C" hereto), and provided further that the Region at its sole cost and expense shall supply and install in the Community Meeting Room (Room 47 on the floor plan attached as Schedule"C" hereto)all appropriate furnishings and equipment with the exception of a refrigerator for the Dining and Kitchen area (Room 22 on the floor plan attached as Schedule"C" hereto)which the Landlord shall supply and install and for which the Region shall reimburse the Landlord for 50 per cent of its cost. Section 11.02 Quiet Enioyment The Landlord shall permit the Region to peaceably possess and enjoy the Premises during the Term without any interference from the Landlord, or any person lawfully claiming by, from or under the Landlord provided the Region is not in default, provided that the Landlord may install, use and maintain at its sole cost and expense voice and data connections to and for distribution with the Building from Room 43 shown on the floor plan attached as Schedule"C" hereto. Section 11.03 Landlord's Representations and Warranties The Landlord represents and warrants to the Region that: (1) to the best of the Landlord's ability and/or knowledge, there has not been, is not now and will not at any time during the Term be any Environmental Contaminant("Environmental Contaminant" includes any hazardous or toxic substances or materials, including without limitation, products of waste, contaminants, pollutants, dangerous substances, mould, noxious substances, explosive or improperly handled friable materials including asbestos, PCBs and substances or any other materials declared or defined to be hazardous, toxic, contaminant or pollutant in or pursuant to any law of any authority) located, stored, manufactured, refined, disposed of, produced, processed or incorporated in or on any part of the Building or the surrounding lands; (a) it has good and marketable title to the Building and is lawfully entitled to grant and is capable of granting to the Region a valid lease for the Premises; (b) there is.no law, by-law, regulation, direction or notice of any governmental authority having jurisdiction or any registered restriction or agreement against the title to the Building which would prevent the use of the Premises by the Region for purposes set out in this Lease; and (c) the electrical, heating, ventilating, air-conditioning and plumbing systems servicing the Premises are in a good state of repair as of the Commencement Date. The Landlord shall indemnify and save harmless the Region from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors'fees on a solicitor and client basis)to which the Region shall or may become liable by reason of any misrepresentation or breach of any warranty by the Landlord under this Section 11.03. - 11 - ARTICLE XII MISCELLANEOUS Section 12.01 Signs (a) Subject to Section 5.04, the Region may erect such signs on the premises in accordance with the Building's standards and in accordance with municipal laws as it considers necessary for the proper conduct of its business. All such signs shall be removed from the Premises at the end of the term or any renewal thereof and the Region shall compensate the Landlord for any damage caused to the Premises or Building, if applicable, by such removal, save and except that caused by local weather and ambient conditions. The parties acknowledge that the Landlord will supply and install a pedestal sign and a read-o-graph type sign illustrated on the drawing attached as Schedule "E" hereto at the front of the Building at the Landlord's sole expense. The sign will identify the location of the Durham Regional Police Service Courtice Community Police Office and the Landlord's Emergency Services Department's facility. It may display such other information that the Landlord considers to be appropriate. (b) The Landlord shall provide adequate space on the directory of the Building and that of each floor of the Premises and on any pylon sign of the Building for the Region's signage requirements. The Region shall provide the Landlord with the specifications of its signage requirements before the commencement date, and from time to time, as required by the Region. Section 12.02 Rules and Regulations The Region shall comply with all reasonable rules and regulations adopted by the Landlord in relation to the Building provided such rules and regulations (a)do not conflict with any of the provisions of this Lease and that to the extent of any conflict the provisions of this Lease shall prevail; (b) are effective only upon notice to the Region; and (c)are of uniform application to all tenants of the Building. Section 12.03 Compliance with Laws The Region, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction)which relate to the use or occupation of the Premises by the Region or the making of any repairs or Leasehold Improvements to the Premises by the Region. Section 12.04 Delay Notwithstanding anything to the contrary contained in this Lease, if either party is bona fide delayed or hindered in or prevented from the performance of any term, covenant or act required hereunder by reason of strikes, labour troubles, inability to procure materials or services, power failure, restrictive governmental laws or regulations, riots, insurrection, sabotage, rebellion,war, act of God, or other reason whether of a like nature or not which is not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such term, covenant or act is excused for the period of the delay, and the party so delayed shall be entitled to perform such term, covenant or act within the appropriate time period after the expiration of the period of such delay, provided that nothing herein contained shall in any way excuse the Region from the prompt payment of Rent or any other payments required by this Lease. Section 12.05 Notice Any notice, demand or other communication (in this section, a"notice") required or permitted to be given or made under this Lease shall be in writing and shall be sufficiently given or made if: (1) delivered in person during normal business hours on a Business Day and left with a receptionist or other responsible employee of the relevant party at the applicable address set forth below; (a) sent by prepaid first class mail; or - 12- (b) sent by any electronic means of sending messages, including telex or facsimile transmission,which produces a paper record ("Electronic Transmission")during normal business hours on a Business Day; in the case of a notice to the Landlord,addressed to it at: Municipality of Clarington 40 Temperance Street Bowmanville, ON L1 C 3A6 Attention: Lou-Ann Birkett, Purchasing Manager Telecopier No.: (905)623-3330 and in the case of a notice to the Region, addressed to'it at: 605 Rossland Road East, P.O. Box 623 Whitby, Ontario L1 N 6A3 Attention: Regional Clerk Telecopier No.: (905)668-9963 with a copy to: Works Department Real Estate Division 605 Rossland Road East, P.Q. Box 623 Whitby, Ontario L1 N 6A3 Telecopier No.: (905)668-2051 Each notice sent shall be deemed to have been received: (1) on the day it was delivered; (a) on the third Business Day after it was mailed (excluding each Business Day during which there existed any general interruption of postal services due to strike, lockout or other cause); or (b) on the same day that it was sent by electronic transmission,or on the first Business Day thereafter if the day on which it was sent by electronic transmission was not a Business Day. Either party may change its address for notice by giving notice to the other party as provided in this section. Section 12.06 Status Statement The Region, at the request of the Landlord and upon not less than thirty(30)days'prior notice, shall execute and deliver a statement in writing certifying that this Lease is unmodified and in full force (or, if modified,stating the modifications),the amount of Rent payable,the dates to which any amount provided in this Lease to be paid by the Region to the Landlord has been paid and stating whether or not there is any existing default under this Lease on the part of the Landlord of which the Region has notice. Section 12.07 Assignment and Subletting The Region shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the Landlord which may be unreasonably withheld. Section 12.08 Landlord's Consent Except as provided in section 12.07,where the Landlord's consent or approval is required by this Lease to any act of the Region,such consent or approval shall not be unreasonably withheld and shall be communicated to the Region within ten (10)days of the receipt of a request for such consent or approval,failing which the Landlord shall be deemed to have been given such consent or approval. - 13 - Section 12.09 Registration of Lease The Region may, at its option, register this Lease or a notice of this Lease in the Land Registry Office for Durham (No. 40) and the Landlord will co-operate with the Region to facilitate such registration. Section 12.10 Reasonableness The Landlord and any persons acting for or on behalf of the Landlord making a determination, designation, calculation, estimate, conversion or allocation under this Lease shall act reasonably, promptly and in good faith. Section 12.11 Successors and Assigns This Lease shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. IN WITNESS WHEREOF the parties have executed this Lease. LANDLORD: THE CORPORATION OF THE MUNICIPALITY REGION: THE REGIONAL MUNICIPALITY OF DURHAM C/S - 14- SCHEDULE "A' Legal Description 2611 Trulls Road, Courtice: Being Part Lot 30, Concession 2, now designated as Part 1 on Plan 40R-18206, in the Municipality of Clarington, Regional Municipality of Durham. - 15 - SCHEDULE "B" Not Used - 16- SCHEDULE "C" Floor Plan i i i I -)I) -goo _ !IT7R - 17 - SCHEDULE "D" Plan Showing Designated Parking Spaces I I 70.01m - N 18 09' 40• W KDREN1gN FOR 1H5 DRU"TAKEN FROM A BOUNDARY AND TOPOCRAPW SURVEY OR S PAW OF LOT 30,CONCMM 2 LLHICPAIM OF CLARRIGFON _ REXWWL MUNIMPAIBY OF D(JRHAM AS PREPARED BY., D010M FLEISDA lI PETFCCN 8d ONTARIO LAND SURV(YDIS cC AT LW Pall _ MAO ONTARM OF Dp5TR4S JOB No,2003-184 E, GRADE BAZIE ED F VAT TOYER DAZ AUCUSF 1fl,7003 voD� M REor,Rai b �T LAN IbCAPtW,-6EE A-LI WT.TW OIPPLIER O RELCYiTED DEM.RF1 N [I LI 6TORAGE iAVC R!REW w f - ^I Nyi LL &AD OOMAN-El PAD REW LA 1 '.liga-@ r t.lraa OERVKE . PAlOCK /MCT4S p° �y X100 �''Eb _ I PARTIED ,�•:.� '...., ,-.I .�4,.� _ ¢ O' :a.. W 'f�iC... � Ci 1 la{ 161b0 1EAY1-L1RT —T. yU 1 F� Op DRAM �e GlullD \. p1 L Ira, 0 COIL `P S V I CAICFETE P" .?W AREA T` - Zm � O � � 1 � 1 IFAVr vurr I N AOM44LT `05%9L014 4,•I E A K. t'• I _ n I' Rx W - Z 4r:1a9� N LANp6 IA -&EE A-LI 12 31 U+E CUR5 '+, r1� asa DEPREOOKN I5aa LJWDOGAPWG ,}Om MW LNIDSCAPPG -SEE A-LI RFARKWi®g cc>'IC I -SEE A-LI PARXlG 9 I,ypp � E / C41C APRN / L.4•m6CAPMG ` n50 IMIO n50 , 1 DM j 1xGR� ° A TG RECE Off d-LI COMMUITY TRN , �"°PE / nR ` POLICING CENTRE� f IRAIEV DAARI OLOP� IXNTNG �. / BULDNG AREA Bza s4 TREE / 1 C URTICE FIRE STATION NO. 4 / ,, 1ea5o ey.n1 i TAE /FN FLOOR ELEV. 133.50 / 6`R m a..-Ina I E INS 4EAVr DUfT S / I b T o � // // / . T - � 0 E N OR00 500 LIL-RI B Iq 0f 5y SlppE N k"- Ow.-IL.I t�l'EIER EX,FEE I'i �— I EwSTRG T m PAFX/G® One 1111.41 CONCRETE , Q, _CRL'W,�_ T60(71 / / / RMO DRdLfllur FLAG PCIEO m EX TREE Idl \ 3000 - Olp DIA � 5L0F'E 6r 111-OR - LL1LJ'1Ri4TTD 9 - "I IFAYT 1111 orb O Ob. On.-1a91 ]R00 616,1 LAI-0SCAPW. W AOALLLT E TNG T -SEE A-LI ca+C w D�Y�iAr Ts sLz N S ca c co f Y R QUI u Q A C1� "� XETa •q�, pOpR r^ u I EMOTIG 88.80 N 18 03' 40• W •4 0 8 DR°w�uT �N -�-^ — _ �_ - \ h 4 OOX IEl AWI N - - - E> - ' IX-0M RTDRO ' - - - - - - - - - IrAPAA axrm m 6&4 Iff1 WA.6 ^� �I ��,op IXGN RTCwD OOSIfY,LI.fE DII IXm I IV500-R:V NRO OP EMTN'i 2sA0R-IEV 0.86 M D601lG 0t6TYG OJRB NI C Lti� ccNc ETE nam IX _ T ReU L L ' S �R 0 A D laLLRE OF A61114CT PAYED M4D - - - _ G$l Lf1E�F A019LALT P�YFU FUND S ROAD ALLOWANCE BETWEEN LOTS 30 AND 31 e 4 A� N x Ex{E D(-cal m DII-.r 0 20 m m FmTC OR m IXB� ® DOT 6TfG EJMTTG XTY A0LT T IX-W AOAT 6VE4T DRY I IX-R11 AI SCALE:1:200 SCHEDULE "E" Illustration Showing Pedestal Sign and Read-O-Graph Type Sign COURTICE FIRE DEPARTMENT• 5FT•61NCH. D/F ILLUMINATED PYLON -NWL DWG#G05DO149 REV REV DESCRIPTION DATE I OF I DWG FILE NAME: Q MOVED READO BESIDE LOGO,NEW GRAPHIC,SHORTER OAH TO 5'-6'. T.H.MAR 16/05 COURTICEJIREJ7 TJOFTDFJLLUMJ'YLON Q PROJECT NAME: A A LOCATION: COURTICE,ON 5'-5" - COLORS: AS NOTED 2' 0' 7-5'-87RAME 2. NOTES: `DESIGN WIND LOAD:30 PSF "ROLLED SECTIONS B PLATES TO BE CSA G40.21-44W. TO RECEIVE 3 ROWS OF HSS TO BE 640.21-50W. 8" READO LETTERS lei •ANCHOR BOLTS TO BE 44 KSI MIN.YIELD. MOUNTING BOLTS TO BE ASTM A325. - and F,,e Semces ALL WELDS TO BE CSA W59. =I "WELDERS TO BE CERTIFIED UNDER W47.1. 2'-1116" lV � N7 •SOIL TO BE MOIST TO DRY WITH BEARING CAPACITY OF PSF.. BE 2 •CONCRETE TO BE 25 MPA®2B DAYS. LATERAL SOIL PRESSURE OF 200 PSF/FT. PLANT MANAGER: Q - o PRODUCTION COORDINATOR: PRODUCTION MANAGER: .� —� SALESPERSON/COORDINATOR: DALE COTTON TCUSTOMER 24 APPROVAL: DESIGN HEAD APPROVAL: DRAWN&REVIEWED BY: A.K. DATE: DEC13/04 SCALE:N.T.S. II'-4"I/D POLES II'-8"C/C POLES — PROVINC FRONT/BACK VIEW 375 Frankcom St.Ajax,Ont.L1S IR4 THIS WORK HAS BEEN DESIGNED FOR CONSTRUCTION BY AND IS THE SOLE PROPERTY OF, PROVINCIAL SIGN SYSTEMS. ANY REFERENCE OR CREDIT FOR THIS WORK MUST RECEIVE PRIOR WRITTEN APPROVAL. TEL:(905)428-1791 FAX:(905)428-1790