BY-LAW 91-13 A By-Law to authorize the execution of an agreement

f
BY-LAW
91-13
A By-Law to authorize the execution
of an agreement
Corporation
of the County of Hastings and Rentx Corporation.
between
the
WHEREAS the Corporation
of the County of Hastings is desirous of
entering into an agreement
with Rentx Corporation
for the rental of space in
the City of Belleville
to accommodate
the Social Services Department.
Joint
AND WHEREAS this agreement
is recommended
by the Hastings County
Social Services Committee
and the Finance and Property Commlttee:
orders
THEREFORE
and enacts:
the Council
of the Corporation
of the County
of Hastings
That the Warden and Clerk are hereby authorized
to execute an agree1.
ment and any amendments thereto on behalf of the Corporation
of the County
of Hastings with Rentx Corporation.
2.
That the Warden and Clerk are hereby authorized
to take
steps necessary to effectuate
the carrying out of the provisions
That this By-Law
3.
passing thereof.
shall
come into
PASSED IN OPEN COUNCIL,
this
force
and take
effect
31st day of January,,
any and all
of this By-Law.
on the day of
199.1.
July
4, 1991
Mr. Richard R. Ketcheson
Barrister
and Solicitor
212-l/2 Front Street
Belleville,
Ontario
K8N 222
Dear Mr. Ketcheson:
RE:
Social Services Lease
610 Dundas Street East,
Enclosed
for registration
which has been duly
triplicate,
Belleville
is the above noted lease,
executed by the County.
Yours truly,
Wm. Bouma, A.M.C.T.
Clerk-Treasurer&Administrator
WB/mm
Encls.
in
RICHARD
BARRISTER
R.
KETCHESON
TELEPHONE
FACSIMILE
AND SOLICITOR
2121/~FRONl
(613) odd-1 1221
(613) WOO478
STREET
BELLEVILLE,
ONTARIO
CANADA
KIN 122
June 28th,
1991.
The Corporation
of the
County of Hastings,
County Administration
Buildings,
Postal Bag 4400,
Belleville,
Ontario.
Attn:
Mr. Wm. Bouma
Dear Sirs:
Re:
Corporation
Services
Lease
610 Dundas Street
East,
Social
Belleville
I enclose in triplicate
Lease between
and the County of Hastings.
Please
the county sign
seal and return
have the authorized
signing
all copies on page 6, affix
them to me for registration.
Yours
very
Rentx
officers
of
the corporate
truly,
RICHARD R. KETCHESON
RRK/nw
Encls.
DELIVERED BY HAND
.F.Y
...
;
,-T"'
..
CLERK-TREASURER
JULZ-1991
ADMNSTRATOR
..
.
. *J.,
Newaome and Gilbert, Limited
Form 1034
made the
Commercial Lease
Page I ofx 8
1st
at
#hwlltfP
af
June
day of
one thousand nine hundred and
IllP
ninety-one
Blplrt
of
iAurt1ta
%iP#BPD Art
PvtluPPlt
RENTX
‘MARINE
CORPORATION
(RELLEVILLE)
hereinafter
and
PARIS
LTD.
called the “Lessor”
OF THE FIRST
-
and -
THE CORPORATION
OF
COUNTY
OF HASTINGS
hereinafter
THE
called the “Lessee”
OF THE SECOND
PREMISES
PART
PART
WITNESSETH
that in consideration of the rents, covenants and agreements hereinafter
reserved and contained on the part of the said Lessee, to be paid? observed and performed, the said
Lessor has demised and leased and by these prcscnrs doth dcnusc and lease unto the said Lessee
ALL THOSE CERTAIN
PREMISES excluding any part of the external walls known
anddescribedas
the
municipal
premises
located
at 610 Dundas
Street
East in the City of Belleville,
containing
6,600
square feet and being a portion
of the lands described
in
Schedule
"A" appended hereto
and more particularly
shown
on a floor
plan prepared
by Gregg Gordon, Architect,
revised
to and including
December llth,
1990.
TO HAVE
TERhf
AND
TO HOLD
----------------------FIVE
the said demised prcmiscs for and during
(5)
years-----------------------
to be computed from the
day of
1st
June
and from thenceforth ensuing and to be fully completed and ended on the
day, of
RENTAL
May
the term of
1991
31st
1996.
YIELDING
AND PAYING THEREFOR
yearly and every year during the said term
hereby granted, unto the said Lessor, the sum of ---SEE
SCHEDULE
rrR@r---------in equal monthly instalments pr&
Ontario
per annum, payable at par at Relleville,
--------------------each in advance on the
1st
day of each and every month during the said term, the first payment to be made on the
1st
June, 1991.
day of
The said Lessee covenants with the said Lessor to pay rent.
BUSINESS
TAXES
AND to pay all business taxes in respect of the business carried on by the Lessee in and
upon or by reason of their occupancy of the premises hereby demised;
..
.
KBPAIRS
Newsome and Gilbert,
Form 1035
Limited
AND to repair (reasonable wear and tear, and damage by fire, lightning
excepted) ;
Commercial
Lease
Page 2ofX
and tempest only.
AND that the said Lessor may enter and view state of repair;
AND that the said Lessee wilt repair
according
to notice in wrifing
(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);
ASSlGNhlENT
AND the said Lessee covenants with the said Lessor, its successors and assigns:
TYPl? OF
IWSINEiS
THAT the said demised prcmiscs will not, during the said term, bc at any time used for any
(a)
other purpose than that of general
off ices.
FISTURES
AND THAT no fixtures, goods or chalMs of any kind will, cxccpt -in the ordinary course
(b)
of business, be removed from the demised premises during the term hereby demised or at any time
thereafter without the written consent of the Lessor, its successors or assigns, being first had and
obtained, until all rent in arrears as welt as all rent to bccot~~edue during the remainder of the term
hereby granted shall have been fully paid, or the paynlcnt thcrcof secured to .thc satisfaction of the
Lessor or its assigns.
ELECTRIC
POWER
THAT the Lessee will not, during the said term or at any time prior or subsequent thereto,
(c)
purchase, acquire or use any electric current for lighting or other purposes except from the company
or corporation which shall for the time supply the Lessor with electric current for such purposes in
the said building; the intention being that without the written consent of the Lessor, there shalt be
only one system of electric lighting in the said building.
THE Lessee hereby covenants to pay all charges for electric energy (for light and power)
(d)
and gas used by the Lcsscc in the demised premises.
PARTITIONS,
ALTERATIONS
THAT if the Lessee shall during the said term desire to affix or erect partitions, counters
(4
or fixtures in any part of the walls, floors or ceilings of the demised premises, it may do so at its own
expense at any time and from time to time provided that the Lcsscc’s rights to make such al&rations
to the dcmiscd prcmiscs shall bc subject to the following condiGons:(I) THAT before undertaking any such alterations, the Lessee shall submit to the Lessor a
plan showing the proposed alterations and shalt 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) THAT such alterations wilt not be of such kind or extent as to in any manner weaken the
structure of the building after the alterations arc complctcd or reduce the value of the
building.
THAT,
except as herein provided the Lessee will not erect or afix or remove or change
(0
the location or style of any partitions or fixtures, without the written consent of the Lessor being
first had and obtained.
THAT, at the expiration of the term hereby granted, or any renewal thereof, all fixtures
k)
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 from the
demised prcmiscs first paying to the Lessor the cxl~nsc of such taking down and making good all
damage occasioned to the demised prcmiscs by Ihc taking down or removal thereof.
BANKRUPTCY
OR
1NSOLVENCY
THAT, if the term hereby granted or the goods and chattels of the Lessee or any assignee
(h)
or sub-tenant shall be at any time seized or taken in execution or attachment, or if the Lessee or
any such assignee or sub-tenant shall mnkc an &gnmcnt
for the bcncfit 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 Salts Act, in respect of goods
on the premises, or being a company shall become subject to any legislative enactment relating to
liquidation or winding up, either voluntary or compulsory, the said term shalt immediately become
forfeited and void, and an amount equivalent to the next ensuing lhrcc months’ rent shall be at once
due and payable.
RULES AND
REGULATIONS
REhlODELLING
AND SALE
THAT, in the cvcnt of the Lessor desiring at any time during the term, or any rcncwal
(j)
thereof, to rcmodcl the said building, or any part thereof, or to take down the said building, the
Lessee will on receiving six months’ notice in writing, surrender this lease and all the remainder of
the term, if any, then yet to come and unexpired, as from the day mentioned in such notice, and
will, sub.ject nevertheless to the provisions hcreinbeforc contained thereupon, vacate the premises
and yield up to the Lessor the ~x~ccnl~lc possession thcrcof. 1T IS UNDERSTOOD
that the said
six months’ notice need not expire at the end of any year or at the end of any month, and in the
event of the day fixed for termination of the lease expiring on some other day than the last day of
a month, the rent for such month shall be apporfioncd for the broken period.
IT IS AGREED bctwccn the Parties hcrcto th..: in the cvcnt of a sale of the said premises
or if the said premises be expropriated or condcmncd by any Department of the Federal, Provincial
8
Newsome and Gilbert,
Form 1036
Commercial
Lease
l’age 3 oft
Limited
or Municipal Governments then the Lessor shall have the rigllt nolwithstanding
anything herein
contained to terminate this lcasc upon giving three months’ notice in writing to the Lessee of his
intention so to do or by paying the said Lcsscc a bonus of three months rent, in which latter
event, the Lessee undcrtakcs to vacate the said premises at the expiration of thirty (30) days from
the delivery of such notice.
PROTECTIVE
INSTALLATIONS
6
DISTRESS
AND the Lessee further covenants, promises and agrees with the Lessor that notwithstanding any present or future Act of the Lcgislaturc of the Province of Ontario, none of the goods
or chattels of the Lcssce at any tilnc during (hc conlinuancc. of the term hereby created on the said
demised premises shall bc exempt from Ic\vy by distress for rent in arrears by the Lessee as provided
for by the said Section of said Act, and that upon any claim being made for such .exemption by the
Lessee or on distress being made by the Lessor, this covenant and agreement may be pleaded as an
estoppel against the Lcsscc in any action brought to trst the right to the levying upon any such goods
as arc named cxcmptcd in the said Scc(ioIl, lllc Lrsscc waiving as IIC hcrchv does all and cvcry
benefit that could or might have accrued to him under and by v’irtuc of the &id section of the said
act but for the above covenant.
The Lessor covenants with the Lcsscc for cluict enjoyment.
The Lessor further covenants with the Lcsscc as follows:
TAXES
RATES
To pay all taxes and rates, municipal, parliarnrntary or otherwise, including water rates
(4
for the normal supply of cold water to the said prcmisq asscsscd against the demised premises of
the Lessor or Lessee on account Lhcreof saving and excepting any business taxts and taxes upon
personal property or income of the Lessee, license fees, or otllcr taxes imposed upon the property,
business or income of the Lcssce;
AND
PROVIDED
THAT;
(i)
IN THE EVENT of the Lessee being assessed as a Scparatc School Supporter, and by
reason thereof the amount of the taxes payable on the said prcmiscs being increased ovel
the amount payable on an assessment as a Public School Supporter, then and in such event
the Lessee covenants and agrees with the Lessor to pay to the Lessor the amount of such
increase upon demand beins madc tllrrrfor in writing by the Lessor. It is understood and
agreed that such incrcasc sllnll bc payabI0 by Llio LCWX Iiotwitllslantlirl~
Lhc fact that at
the time such demand is made. the Lessee may have ceased to bc a tenant of the Lessor.
In the event of the Lessee fail&g to pay to the Lessor the amount of such increase upon
demand as herein provided, then the Lessor shall have the same rights and remedies for
collection thcrcof as for the rent in arrears.
(ii) THE LESSEE covenants and agrees to and with the Lessor that if there shall be an
increase in municipal taxes payable by the landlord over the amount shown by the
immediately last tax bill issued by the municipality
in which the demised premises are
situate prior to the date of this lcasc the Lcsscc will pay any such increase apportioned
over the term of the within lease and the renewal (if any) hcrcinbcfore provided and that
any such increase in municipal taxes shall be deemed to be part of the rent reserved hereunder and all the remedies available to the Lessor relating to rent both hereunder and at
law shall apply, mutatis mutnndi~, thcrclo.
and
air
condition
r
r
.,
xt
tb) . . To hent/thc said premises ~S~-&W+IW
m
in such manner as to keep the said premises at a rcasonablc tcmpcrature for
the reasonable use thereof by the Lessee during reasonable business hours except during the making
of repairs, and in case the boilers, cngincs, pipes, or olhcr apparatus or any of tllctn uacd in cffccting
the heating of the said demised premises shall at any time hccome incapable of heating said
premises as aforesaid, or bc damaged or destroyed, to repair said damage or replace said boilers,
engines, pipes or apparatus or any of them or (at the option of the Lessor) substitute other heating
apparatus thcrcfor within a rcasonnblc tinic, provided, liow0~,
that fllc Lessor shall not bc liable
for indirect or conscqucntinl damngcs for pcrsonnl discomfort or illness arising from any default
of the Lessor;
HEATING
ACCESS
To give the Lcsscc, his ngcnts, &rks, servants and all persons transac&lg
(c)
Lcssec, in common with other persons, tllc right to cnlcr (IIc tlcniiscd prcmiscs
main cntrancc on
and free use of the stairway and passages from the street to the said premises
times, subject to rules and regulations in regard to the said building as may be
to time.
PROVISO
of covenants.
VOIDANCE
OF
LEASE
VACANT
OR
IMPROPER
USE
.
for re-entry
by the said Lessor on non-payment
business with the
by means of the
at all reasonable
passed from time
of rent or non-performance
IT IS FURTHER
DECLARED
AND AGREED that in case the said premises or any
part thereof, become and remain vacant and unoccupied for the period of fifteen days, or be used by
any other person or persons, or for any other purpose than as above provided, without the written
consent of the Lessor, this lease shall, at the option of the Lessor, ccasc and be void, and the term
hereby created expire and be at an end, anything hrreinbcforc to the contrary notwithstanding
and the proportionate part of the current rent shnl! Illcrc*upon brcoruc ilnmcdin~cly tluc and
payable, and the Lessor may rc-cntcr and take possession of the premises as though the Lessee
or other occupant or occupants of said prcmiscs were holding over after the expiration of the term;
or in such case instead of determining this lcasc as aforesaid and rc-cntcring upon the demised
pmliiscs, the Lessor may take possession of the dcmiscd l)rrmisc~s, or any part or parts thereof, and
let and rnnnagc. the same and grant any 1~~~s~
or Irn-:s tllc.rcof IIIWI such tcrII)s as lo the Lessor
or its assigns may appear to bc rcasonal)Ic, and demand, collect, receive and distrain for all rental
8
’
..
Newsome and Gilbert,
Form 1037
Commercial
Lease
Page 4 of & 0,
Limited
which shall become payable in respect thcrcof, and apply the said rentals after deducting all
expenses incurred in connection with the dcllliscd prcnliscs and in the collection of the said rent
including reasonable colllnlission for the colh:ctioIr thcrcof and the lnanagcmcnt of the demised
premises, upon the rent hereby reserved, and the Lessor and its assigns and cvcry such agent
acting as aforesaid from time to time, shall in so acting bc the agents of the Lessee, who alone shall
be responsible for their acts, and the Lessor and its assigns shall not bc accountable for any moneys
except those actually received, notwithstanding
any act, ncglcct, olnission or default or any such
agent acting as aforesaid.
WATER AND
GAS DAMAGE
AND IT IS FURTHER
DECLARED
AND AGREED THAT the Lessor shall not be
liable for any damage to any property at any tinrc upon the demised premises arising from gas,
steam, water, rain or snow, which may Icak into, issue or flow from any part of the said building,
or from the gas, water, steam or drainage pipes or plulnbing
works of tllc same or from any other
place or quarter or for any damage caused by or attributable to the condition or arrangcmcnt of any
electric or other wires in the said building.
The Lessee shall bc liable for any danqc
dons. by IXWOI~ of water being left running
from the taps in the demised prcmiscs or from gas prrmittctl to cscapc therein.
RISKS OF
INJURY
AND the Lessor shall not bc rcsponsiblc for any personaI injury which shall be sustained
by the Lcssce or any cmploycc, custonlt*r, or other person who may bc upon the dcmiscd premises
or in the said building or the entrnnccs or appurlrnnnccs thcrcto. Ail risks of any such injury
being assumed by the Lessee, who shall llold the Lessor harmless and indcnmified therefrom.
NOTICR OF
ACCIDENT
THE Lessee shall give the Lessor prompt written notice of any accident or other defect in
the sprinkler system, water pipes, gas pipes or Ilcnting apparatus, tclcphonc, clcctric or other wires
on any part of the premises.
INSURANCE
THE Lessee covenants with the said Lessor that llis said business to be so carried on in the
said building will not be of sllch a nature as to incrcasc lhc insurance risk on the said prcmiscs or
cause the Lessor to pay an increased rate of insurance prclniutns on the said premises by reason
thereof and it is distinctly understood that ii1 cast said business so carried on by the LCSSWis or
becomes of such a nature to incrcasc the insurance risk or cause’s tile Lessor and/or other occupants
of the said building to pay an incrcascd rate of insurance premiums, that the Lcssec will from time
to time pay to the Lessor the increased amount of insurance premiums which the said Lessor and
other occupants of the said building have to pay in conscqucnce thcrcof; provided that the Lessee
cdvenants that he will not carry on or permit to bc carried on any business in the said building which
may make void or voidable any insurance held by the Lessor or the other occupants of the said
building.
BUSINESS
NOT TO BE A
NUISANCE
PROVIDED
that the Lessee
will
riot
do or pcrwit
anything
to be done on the said
premises or permit or keep anythinq therein which may bc annoying to the Lessor or other
occupants of the said buildinq or which the said Lessor may deem to be a nuisance and that no
machinery shall be used the&n which shall cause any undue vibration in or to the said premises
and that in case of the Lessor or any other occupants of the said building reasonably complaining
that any machinery or operation or process is a nuisance to it or them or which causes any undue
vibration or noise in the said premises, that upon receiving notice thereof, the said Lessee will
immediately abate such nuisance. The said Lessee covenants not to obstruct or interfere with the
rights of the Lessor or other occupants of the said building or in any way injure or annoy them
or conflict with any of. the rule and regulations of the Board of Health or with any Statute or
municipal by-law.
&bet+vI,,,...,,id
notice shall be inscribed, painted or allixcd by the said LCSSCC
hatever unless of such manner, color, size and
SIGN
ELEVATOR
ence or otherwise of the Lessor, or an
WATER
THE Lessor agrees to pay for normal water consumed on the said premises but in the
event of any abnormal consumption of water either by reason of the character of the business carried
on by the Lessee or by the use of mechanical or other contrivances the Lessee consents to the
installation of a water meter at his own cxpcnse, if necessary, and further agrees to pay for the
excess water consumed on the said premises.
PLATE
GLASS
A-e------e
been broken or rcmovec
dd
FIRE
PROVIDED
that if during the term her& or any rcn&al thcrcof the premises shall be
destroyed or damaged by fire or the elements then the following provisions shall apply:
ur
:
.
.
S
*
or of any renewal thereof and will
r.
If the dmiscd prcmiscs shall bc so hntlly injwtl nr to lx wlit for occupancy, and as to
(a)
be incnpnblc of bring repaired with rcnaon:~blc cliligc*nrr witllin ow hundt4 and twunty dnyr of the
happening of such injury, then the term hcrcby grant4 shall ccasc and bc at an end to all intents
.
‘.
Newsome and Gilbert.
Form 1038
Limited
Commercial
Lease
Page5ofx
and purposes from the date of such damage or destruction, and the Lcsscc shall immediately surrender
the same, and yield up possession of tllc demised prcmiscs to the Lessor, and the rent from the time
of such surrender shall be apportioned;
If the demised premises shall be capable, with reasonable diligence, of being repaired and
(b)
rendered fit for occupancy within OJIC hundred and twenty days from the happening of such
injury
as aforesaid, but if the damage is such as to render the demised premises wholly unfit for
occupar~cy,
then the rent hereby reserved shall not run or accrue after such injury, or while the
process of repair is going on, and the Lessor shall repair the same with all reasonable speed, and
the rent shall recommence immediately after such repairs shall be completed.
If the demised premises shall be repaired within orlc hundred and twenty days as aforesaid,
(c)
and if (he tfn~nngc is such that 01c said prcl~lisrs arc cnpablr of bcin! partially used, then until such
hnla~c shrill hnvc LWCJ~
rcpaircd, the rent shall nbntc itI tl~c proportmn that the part of the demised
prenuses rendered unlit for occupancy bears to the whole of the demised premises.
NO ARATELIENT
OF RI-N1
THEN< shall bc 110nlntctlwnt
from or reduction of tllc rent due hereunder, nor shall the
be cntitlcd to dmmgcs, ~osscs,costs or dishurscrnlents frown t11c Lessor during the term hereby
si)rinklcr systems, partial or
hy or 011 mxount 0C fire-, ( c-Kx-~~~ as :I~MW),
wnlf*r,
crcntcd on, cnusrtl
temporary failurc or stoppage of heal, light, elevator, live stenln or plumbing scrvicc in or to the
said premises or building, whether due to acts of Cod, strikes, accidents, the making of alterations,
repairs, renewals, improvcmcnts, structural changes to the said premises or buildings or the equipment
or systems supplying thr said scIviccs, or from n11y cause whntsocvcr; provided that the said failure
or stoppage bc remedied within a reasonable time.
RIGHT TO
SHOW
PREMISES
THAT the Lessee will permit the Lessor to exhibit the demised premises during the last
of the term to any prospective tenant and will permit all persons having written
three nionllis
authority thcrcfor to view the said prcmiscs at all reasonable I~ours.
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 Lessee, be given by a writing left at the
demised premises or mailed by registered maii addressed to the Lessee at the demised premises,
and if intended for the Lessor by a writing lclt at Ihc premises of the Lessor at 610 Dundas St.
OK such other address as the lessqs may,in wrc~+c~gndkect.
East,
Belleville
an
or mailed by registered mail addressed to the Lessor at the Lessor’s sal prenuses,
shall be deemed to have. been given at the time it was delivered or mailed, as the case may be.
OVER
IIOL.I)ING
PROVIDED
furtllcr and it is hcrchy n~rrctl tlmt slm~ltl 11lc I,csscc hold over after the
lhrrcnflw
ncrq)l
rent
for liitr said preIuiscs,
the Lcsscc shall
expiration of this kisc n~itl the Lrssors
hold the said premises as a lnonthly tenant only of tile Lessors but subject in all other respects
to the terms and conditions of this lease.
The words importing the singular number o~dy shall inch& the plural, and vice versa, and
words importing the mnsculinc gcndcr sha11 include the feminine gcndcr, and words importing
persons shall include firms and corporations and vice vcrsn.
Unless the context otherwise required, the word “Lessor” and the word “Lessee”
wherever used herein shall be construed to include and shall mean the executors, administrators,
iuccessors and/or ,assigns of the said Lessor and Lesser, rrspcctivcly, and when there are two or more
Lessees bound by (he same covenants herein contained, their obligations shall be joint and several.
LCSSCC
the option
to renew this, Lease
on the
and conditions
from June lst,
1996
to May 31st,
2001, save and except
for the rent payable
which rent shall
be as set out in Schedule
"A" appended
hereto.
THE
Lessee
shall
same
terms
have
THE Lessor agrees to maintain
entrance
for the handicapped.
at
its
THE Lessee shall
spaces for staff
and
and the Lessor shall
for the exclusive
use
of Hastings
and those
thereat.
have the exclusive
20 parking
spaces
erect
a sign that
of the Corporation
persons conducting
THE Lessee shall
surface
mounted sign.
be permitted
to
own expense
an
use
of 40 parking
for clientele
such spaces are
of the County
business
install
an exterior
8
Page 6 of
8
THE premises
shall
contain
a fire
sprinkler
system
at all times and the Lessor agrees to comply with all
relevant
municipal,
provincial
and federal
building
codes.
these
IN WITNESS WHEREOF the
presents.
parties
hereto
have executed
REWTX CORPORATION
mus
MARIRE (BELLEVILLE)
LTD.
THE CORPORATION OF THE COUNTY
OF HASTINGS
Page 7 o'f 8
.
,
' .
.
',
SCHEDULE I(,,,
ALL AND SINGULAR that
premif3es,
situato,
certain
lying
parcel
and king
or'tract
of land and
in the City
of Belleville,
in the County of liastings,
and being composed of part of Lot 12,
I
in Concesflion 1, of the mwnship of Thurlow,
now in the City of
Belleville,
and which
particularly
dcscribcd
PREMISING that
aotronomic
east
said
and relating
limit
of north
all
COMMENCINGat a point
which
limit
Highways Deposited
Plan
measured southerly
along
corner
East has i anr.I
.
58 minutc6 30 occonds
81 dcgrccs
bearings
with‘the.northerly
east
of land may be more
of Dundas Street
herein
as follows;
of the cast
limit
of Dundas Street
fi701,
said
the east
of said
*,
thereto;
may be located
BEGINNING at the intersection
north
or tract
as follows:
the north
boaring
parcel
East as 6hown on
point
limit
of said Lot 12
being
distant
of said
lot
Lot 12 according
6689.29
feet
12 from the
:
.
to Dcpositcd
Plan 21R-2050;
t. 1;
.,;. . .. THENCE south
81 degrees
.
. -..::*
58 minutes
:'.'*,-.bf
300 feet
to a survey, post,
:*.
commencement;
THENCE'north
north
limit
planted
81 degrees
said
point
58 minutes
of Dundas Street
at its
30 seconds west a
intersection
the point
30 seconds east
East,
with
being
300.0
the said
di6tanCe
feet
of.
along
said
to a survey
cast
limit
post
'
of
Lot 121
-.
THENCE north
said
00 minutes
30 seconds west along
of Lot,
G50.0 feet
to a survey
71 degrees
59 minutes
30 seconds west,
eaot limit
THENCE south
. . feet,
north
18 degrees
more or less,
18 degrees
to a survey
00 minutes
post
planted
post
the
planted;
295.46
in a line
drawn
I
30 seconds west from the point
of commencement;
THENCE south
18 degrees
more or less
to the said
.
.
:.
.:
.
I
..
..
00 minutes
point
30 seconds
east,
of commencement.
598.0 feet
~
.
,
l
’
’
&I
Page'8
.
of 8
.
<
SCHEDULE "B"
The rent payable
during
the term
and any renewal
thereof
shall
be as follows:
of
this
Lease
June l/91
- May 31/94
:
June
l/94
- May 31/95
:
10.50/sq.ft.
per
annum
June
l/95
- May 31/96
:
ll.OO/sq.ft.
per
annum
June
l/96
- May 31/97
:
11.50/sq.ft.
per
annum
June l/97
- May 31/98
:
12.00/sq.ft.
per annum
June
l/98
- May 31/99
:
13.00/sq.ft.
per annum
June
l/99
- May 31/2000
:
14.00/sq.ft.
per
annum
June
l/2000
:
15.00/sq.ft.
per
annum
- May 31/2001
The L'essee
realty
taxes,
operating
share
shall
and maintenance
exceed
$2.50
term.
The Lessee
increases
in
per
of
currency
of
square
immediately
pro-rated
share
gas charges
expenses
the
per annum
total
based
on its
the
year
of
shall
also
pay any proportionate
such costs
from
year
lease
feet
at
the
of additional
rear
of
the
first
to year
have the
or its
percentage
sum,not
in
this
and
such
foot
shall
of all
building,
square
The Lessee
4,000
pay its
hydro-electricity,
heat,
of occupancy
$ lO.OO/sq.ft.
option
renewal
space
within
available.
,*-.
to
the
.
thereafter.
during
lease
adjacent
premises,
to
the
up to
to and
when and if
June
1st
RENTX CORPORATION
MARINE- (BELLEVILLE)
and PARIS
LTD.
-TO-
THE CORPORATION OF THE
COUNTY OF HASTINGS
Xewsome
and Gilber+
Limited-Form
1034
RICHARD R. KETCHESON,
Barrister
& Solicitor,
212% Front
Street,
Belleville,
Ontario.
K8N 222
(613)
966-1123
Courtesy of
RICHARD R. KETCHESON
212% Front St.
Belleville, Ontario
K8N 222
(613) 966-1123
R. KETCHESON
RICHARD
BARRISTER
AND
SOLICITOR
212ti
FRONT
STREET
BELIJWILLE,~NTARIO
May 8th,
The Corporation
of
County
of Hastings,
1991.
the
Social
Sstvicsa, Dept.,
Poet&l Bag 4400,
Belleville,
Ontario.
K8lq 3A9
Attnr
Mr. Eric
Fry
Dear Sirs r
Re:
your
Social Services
Less6 610 Dutldss Sttsqt .I&ut
I enclose three umpiee
approval
and/or comments.
of
the
tease
draft
If all appeats to be in otdsr,
please
60 that I caa pasa it on tu tbs landlords
for
conrideration
and ex&cmtion.
for
1st ms know
Tbede are a number of other matters
of concern.
I reczommsnd tbaP the County’e
inaursrs
bs plecsd on notics
of your cbangs of addossar to ensure that adequate coverage
is available.
Bsfbre
taking
possssrrion,
I recommend that
a list
of outatasding
uncompleted
matters
be prepared and
the landlorda’
undettaking
(In writing)
be obtainsd
to
snouts that these matters
will
bs completed
to your
satisfaction.
Lastly,
ae the Offer to Lease providee
that
the premises
shall
comply with ,811 relevant
municipal,
provincial
and fudesal
building
codes, you may wish to
have all nscseaaty
inspections
completed
and approvals
recsivsd
before tak$mg possscmim.
I appreciate
that
there
is a strong desire
to
take porrsssion
of the prsmiesa before tbs actual
commsucsment of the Lsase.
I recently
noticed
that the premises do
not appear to be substantially
complsted.
You should be
. . . . . . .
2
-2-
satisfied
that all construction
will
be completed
before
occupancy;
otherwise,
the Landlords'
written
undertaking
to complete
these matters
within
a specified
period
of
time should be obtained
before occupancy.
If it is intended
that the Lease be placed before
County council
at its next meeting,
please let me know so
that I can endeavour
to have the L.andlords
sign later
this
week.
Property
enclose.
occupied
the rent
Lease or
I have just received
a letter
from Pinnacle
Management dated May 6th, a copy of which I
It is now indicated
that the space being
plus storage
of 316 sq. ft..
is 6,750 sq. ft.
to be calculated
on the basis of the Offer to
the actual
space being occupied?
Yours
very
truly,
RICHARD R. KETCHESON
Per: (h%
RRK/nw
Encls.
DELIVERED BY HAND
Mr. Wm. Bouma,
Clerk Administrator
cc:
5
Is
May 6, 1991
Richard
212 l/2
Ketcheson
Front Street
BeZ ZeviZZe, Ontario
Dear Rick:
As you may already
know we have been asked by Paris Marine
property
at 610 Dundas Street,
BeZZeviZZe Ltd. to manage their
Property
Management
East
in BeZZeviZZe and on May 1, Pinnacle
started
in this capacity.
At our meeting with the owners we were asked to do a final
measurement
of the space to be occupied
by your client
the
Corporation
of Hastings
Social
Services.
The space has measured
out to 6, 750 sq. ft.
plus
a storage
area
of 316 sq. ft.
totalZing
7,066.
WouZd you please advise your client
of the change in sq. footage
so the monthly
rent may reflect
this
increase.
The cheques wi 1.1
still
be made payable
to Paris Marine BeZZeviZZe Ltd.,
only they
should be sent c/o Pinnacle
Property
Management,
199 Front
Street,
K8N 5H5, aZong wi th any
BeZ Zevi ZZe, Ontario
correspondance.
Also,
find enclosed
a drawing
prepared
our measurements
of the aforementioned
by our draftsman
showing
area.
Thanking you in advance for your co-operation
in this matter
and
assistance
in this matter
or you have
if I can be of any further
any need for a property
management firm,
please call.
Yours
truly,
Stephen J. La Morre
Manager.
Newsome and Gilbert. Limited
Form 1034
made the
1st
one thousand
at
Commercial
Lease
page 1 ofx
uf
pttrBU#ttTP
June
day of
nine hundred
ninety-one
and
QP
uf
&lrlltB
Bqurt
RENTX
‘MARINE
EPmlPB
Tut
and
CORPORATION
(BELLEVILLE)
PARIS
LTD.
hereinafter
called
“Lessor”
the
OF THE
-
FIRST
PART
SECOND
PART
and -
THE
CORPORATION
OF
COUNTY
OF HASTINGS
THE
hereinafter
called
“Lessee”
the
OF THE
PREMISES
8
WITNESSETH
that in consideration
of the rents, covenants and agreements hereinafter
reserved and contained on the part of the said Lessee, to be paid? observed and performed, the said
Lessor has demised and leased and by these presents doth demise and lease unto the said Lessee
ALL
THOSE
CERTAIN
PREMISES
excluding
any part
of the external
walls
known
premises
for
the term
anddescribedas the municipal
premises
located
at 610 Dundas
Street
East in the City of Belleville,
containing
6,600
square feet and being a portion
of the lands described
in
Schedule
"A" appended hereto
and more particularly
shown
on a floor
plan prepared
by Gregg Gordon, Architect,
revised
to and including
December llth,
1990.
TO
TERM
HAVE
AND
TO
HOLD
the said demised
(5)
----------------------FIVE
to be computed
from
and’from
thenceforth
day of
May
hereby
granted,
per annum,
AND
PAYING
at par at
THEREFOR
June
day of
and ended on the
yearly
---SEE
Belleville,
---------------------
1991
31st
and
every
month
during
the
day of
with
and every year during the said term
SCHEDULE
“B’‘--em
-_____
Ontario
each in advance
The said Lessee covenants
BUSINESS
TAXES
years-----------------------
1st
ensuing and to be fully completed
unto the said Lessor, the sum of
payable
day of each
1st
of
1996.
YIELDING
RENTAL
the
and during
said
in equal monthly
on the
term,
June,
the
first
1st
payment
instalments
to be made
prbr
on the
1991.
the said Lessor to pay rent.
AND to pay all business taxes in respect of the business carried
upon or by reason of their occupancy of the premises hereby demised;
on by the Lessee in and
:
Newsome and Gilbert,
Form 1035
Limited
Commercial
Lease
Page zofx
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);
REPAIRS
ASSIGNMENT
AND the said Lessee covenants with the said Lessor, its successors and assigns:
TYPE
OF
(a)
THAT
the said demisrd prcmiscs will not, during the said term, be at any time used for any
thn tht 0f general
off ices.
HUSINESS
otlicr
FIXTURES
AND THAT no fixtures, goods or chattels of any kind will, except in the ordinary course
(b)
of business, be removed from the demised premises during the term hereby demised or at any time
thereafter without the written consent of the Lessor, its successors or assigns, being first had and
obtained, until all rent in arrears as well as all rent to become due during the remainder of the term
hereby granted shall have been fully paid, or the payment thereof secured to the satisfaction of the
Lessor or its assigns.
ELECTRIC
THAT the Lessee will not, during the said term or at any time prior or subsequent thereto,
(cl
purchase, acquire or use any electric current for lighting or other purposes except from the company
or corporation which shall for the time supply the Lessor with electric current for such purposes in
the said building; the intention being that without the written consent of the Lessor, there shall be
only one system of electric lighting in the said building.
THE Lessee hereby covenants to pay all charges for electric energy (for light and power)
Cd)
and gas used by the Lessee in the demised premises.
POWER
ptttp0sc
PARTITIONS,
ALTERATIONS
THAT if the Lessee shall during the said term desire to affix or erect partitions, counters
(e)
or fixtures in any part of the walls, floors or ceilings of the demised premises, it may do SO at its own
expense at any time and from time to time provided that the Lessee’s rights to make such alterations
to the demised premises shall be subject to the following conditions:( 1) 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) THAT such alterations will not be of such kind or extent as to in any manner weaken the
structure of the building after the alterations arc completed or reduce the value of the
building.
THAT, except as herein provided the Lessee will not erect or affix or remove or change
(0
the location or style of any partitions or fixtures, without the written consent of the Lessor being
first had and obtained.
THAT, at the expiration of the term hereby granted, or any renewal thereof, all fixtures
k)
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 from the
demised premises first paying to the Lessor the cxpcnse of such taking down and making good all
damage occasioned to the demised premises by the taking down or removal thereof.
BANKRUPTCY
OR
INSOLVENCY
THAT, if the term hereby granted or the goods and chattels of the Lessee or any assignee
(h)
or sub-tenant shall bc at any time seized or taken in execution or attachment, or if the Lessee or
any such assignee or sub-tenant shall make an assignment for the benefit of creditors or shall
become bankrupt or insolvent, or make a proposal to its creditors, or without the consent of the
Lessor being first obtained in writing, shall make a sale, under the Bulk Sales Act, in respect of goods
on the premises, or being a company shall become subject to any legislative enactment relating to
liquidation or winding up, either voluntary or compulsory, the said term shall immediately become
forfeited and void, and an amount equivalent to the next ensuing three months’ rent shall be at once
due and payable.
RULES
AND
REGULATIONS
in Schedule “A”
REMODELLING
AND SALE
THAT, in the event of the Lessor desiring at any time during the term, or any renewal
(j)
thereof, to remodel the said building, or any part thereof, or to take down the said building, the
Lessee will on receiving six months’ notice in writing, surrender this lease and all the remainder of
the term, if any, then yet to come and unexpired, as from the day mentioned in such notice, and
will, subject nevertheless to the provisions hereinbefore contained thereupon, vacate the premises
and yield up to the Lessor the peaceable possession thereof. IT IS UNDERSTOOD
that the said
six months’ notice need not expire at the end of any year or at the end of any month, and in the
event of the day fixed for termination of the lease expiring on some other day than the last day of
a month, the rent for such month shall be apportioned for the broken period.
IT IS AGREED bctwccn the Parties hereto tll,: in the cvcnt of a sale of the said prcmiscs
or if the said premises be expropriated or condemned by any Department of the Federal, Provincial
8
:
Commercial
Lease
Page 3OR
Newsome and Gilbert, Limited
Form 1036
or Municipal
Governments
then the Lessor shall have the right notwithstanding
anything
herein
contained
to terminate
this lease upon giving three months’ notice in writing
to the Lessee of his
intention
so to do or by paying the said Lessee a bonus of three months’ rent, in which latter
event, the Lessee undertakes to vacate the said premises at the expiration
of thirty (30) days from
the delivery of such notice.
PROTECTIVE
INSTALLATIONS
so as to limit
DISTRESS
t
AND the Lessee further covenants,
promises and agrees with the Lessor that notwithstanding any present or future Act of the Lcgislaturc
of the Province of Ontario, none of the goods
or chattels of the Lessee at any time during the continuance
of the term hereby created on the said
demised premises shall be exempt from levy by distress for rent in arrears by the Lessee as provided
for by the said Section of said Act, and that upon any claim being made for such exemption
by the
Lessee or on distress being made by the Lessor, this covenant and agreement may be pleaded as an
estoppel against the Lessee in any action brought to test the right to the levying upon any such goods
RS are named cscmptrd
in the said Srction, the Lessrc wnivinq as he licrc*bv does all and cvcry
benefit that could or might have accrued to him under and by v’irtue of the &id section of the said
act but for the above covenant.
The Lessor covenants
The Lessor further
TAXES
RATES
AND
with
covenants
the Lessee for quiet
with
enjoyment.
the Lessee as follows:
To pay all taxes and rates, municipal,
parliamentary
or otherwise, including
water rates
(a)
for the normal supply of cold water to the said premises, assessed against the demised premises of
the Lessor or Lessee on account thereof saving and excepting
any business taxes and taxes upon
personal property or income of the Lessee, license fees, or other taxes imposed upon the property,
business or income of the Lessee;
PROVIDED
(i)
THAT;
IN THE EVENT
of the Lessee being asscsscd as a Separate School Supporter,
and by
reason thereof the amount of the taxes payable on the said premises being increased over
the amount payable on an assessment as a Public School Supporter,
then and in such event
the Lessee covenants and agrees with the Lessor to pay to the Lessor the amount of such
increase upon demand being made thcrcfor in writing by the Lessor. It is understood and
agreed that such increase shall be payable by the Lrssee notwithstanding
the fact that at
the time such demand is made, the Lessee may have ceased to bc a tenant of the Lessor.
In the event of the Lessee failing to pay to the Lessor the amount of such increase upon
demand as herein provided,
then the Lessor shall have the san~c rights ancl rcmcdies for
collection thrrcof as for the rent in nrrcnrs.
(ii)
HEATING
ACCESS
THE LESSEE
covenants and agrees to and with the Lessor that if there shall be an
increase in municipal
taxes payable by the landlord
over the amount shown by the
immediately
last tax bill issued by the municipality
in which the demised premises are
situate prior to the date of this lease the Lcssec will pay any such incrcasc apportioned
over the term of the within lease and the renewal (if any) hereinbefore
provided and that
any such increase in municipal
taxes shall be deemed to be part of the rent reserved hereunder and all the remedies available to the Lessor relating to rent both hereunder and at
law shall appl , mutatis mutandis, thereto.
an 4 air
condition
xt
To heat/the said premises @
in such manner as to keep the said premises at a reasonable temperature
for
the reasonable use thereof by the Lessee during reasonable business hours except during the making
of repairs, and in case the boilers, engines, pipes, or other apparatus or any of them used in effecting
the heating of the said dcmiscd premises shall at any time become incapable
of heating said
premises as aforesaid, or be damaged or destroyed, to repair said damage or replace said boilers,
engines, pipes or apparatus or any of them or (at the option of the Lessor) substitute other heating
apparatus thcrcfor within a rcasonablc time, providrd.
howcvcr, that the Lessor shall not be liable
for indirect or conscclrlcntial
daiiqcs
for prrsonal cliscolllfort
01’ illness arising ~IYUII any default
of the Lessor;
To give the Lessee, his agents, clerks, servants and all persons transacting
(cl
Lessee, in common with other persons, the right to cntcr the dcmiscd prcmiscs
main entrance
business with the
by means of the
on
and
free use of the stairway
and passages from the street to the said premises at all reasonable
times, subject to rules and regulations
in regard to the said building as may be passed from time
to time.
PROVISO
of covenants.
VOIDANCE
OF
LEASE
VACANT
OR
IMPROPER
USE
for re-entry
by the said Lessor on non-payment
of rent or non-performance
IT IS FURTHER
DECLARED
AND AGREED
that in case the said premises or any
part thereof, become and remain vacant and unoccupied for the period of fifteen days, or be used by
any other person or persons, or for any other purpose than as above provided, without the written
consent of the Lessor, this lease shall, at the option of the Lessor, cease and be void, and the term
hereby created expire and be at an end, anything
hereinbeforc
to the contrary
notwithstanding
and the proportionate
part of the current
rent shal ! thcrcupon
become immcdiatcly
due and
payable, and the Lessor may rc-enter and take possrssion of the premises as though the Lessee
or other occupant or occupants of said premises were holding over after the expiration
of the term;
or in such case instead of determining
this lease as aforcsjid
and re-entering
upon the demised
premises, the Lessor may take possession of the dcmiscd prcmiscs, or any part or parts thereof, and
let and nmqe~
thr same and grant any Icasr or lcn-:r tllcrrof capon such terms as to the Lessor
or its assigns may appear to be rcasonablc, nncl ctcmand, collect, receive and distrain for all rental
8
Newsome and Gilbert, Limited
Form 1037
Commercial
Lease
Page 4of&
8
which shall become payable in respect
thereof, and apply the said rentals after deducting all
expenses incurred in connection with the demised premises and in the collection of the said rent
including reasonable commission for the collection thereof and the management of the demised
premises, upon the rent hereby reserved, and the Lessor and its assigns and every such agent
acting as aforesaid from time to time, shall in so acting be the agents of the Lessee, who alone shall
be responsible for their acts, and the Lessor and its askigns shall not bc accountable for any moneys
except those actually received, notwithstanding
any act, neglect, omission or default or any such
agent acting as aforesaid.
WATER AND
GAS DAMAGE
AND IT IS FURTHER
DECLARED
AND AGREED THAT the Lessor shall not be
liable for any damage to any property at any time upon the demised premises arising from gas,
steam, water, rain or snow, which may leak into, issue or flow from any part of the said building,
or from the gas, water, steam or drainage pipes or plumbing works of the same or from any other
place or quarter or for any damage caused by or attributable to the condition or arrangement of any
electric or other wires in the said building.
The Lessee shall be liable for any damage doncb by reason of water being left running
from the taps in the demised premises or from gas permitted to escape therein.
RISKS OF
INJURY
AND the Lessor shall not be responsible for any personal injury which shall be sustained
by the Lessee or any employee,
custonler,
or other
person
who
may
be upon
the demised premises
or in the said building or the entrances or appurtenances thereto. All risks of any such injury
being assumed by the Lessee, who shall hold the Lessor harmless ancl indemnified therefrom.
NOTICE OF
ACCIDENT
THE Lessee shall give the Lessor prompt written notice of any accident or other defect in
the sprinkler system, water pipes, gas pipes or hrating apparatus, telcphonc, electric or other wires
on any part of the premises.
INSURANCE
THE Lessee covenants with the said Lessor that his said business to be so carried on in the
said building will not be of such a nature as to increase the insurance risk on the said premises or
cause the Lessor to pay an increased rate of insurance premiums on the said premises by reason
thereof and it is distinctly understood that in case said business so carried on by the Lessee is or
becomes of such a nature to increase the insurance risk or causes the Lessor and/or other occupants
of the said building to pay an increased rate of insurance premiums, that the Lessee will from time
to time pay to the Lessor the increased amount of insurance premiums which the said Lessor and
other occupants of the said buildin g have to pay in consequence thereof; provided that the Lessee
cdvenants that he will not carry on or permit to be carried on any business in the said building which
may make void or voidable any insurance held by the Lessor or the other occupants of the said
building.
BUSINESS
NOT TO BE A
NUISANCE
PROVIDED
that the Lessee will not do or permit anything to be done on the said
premises or permit or keep anythin
therein which may bc annoying to the Lessor or other
occupants of the said building or which the said Lessor may deem to bc a nuisance and that no
machinery shall be used the&in which shall cause any undue vibration in or to the said premises
and that in case of the Lessor or any other occupants of the said building reasonably complaining
that any machinery or operation or process is a nuisance to it or them or which causes any undue
vibration or noise in the said premises, that upon receiving notice thereof, the said Lessee will
immediately abate such nuisance. The said Lessee covenants not to obstruct or interfere with the
rights of the Lessor or other occupants of the said building or in any way injure or annoy them
or conflict with any of the rule and regulations of the Board of Health or with any Statute or
municipal by-law.
SIGN
color size and
ELEVATOR
WATER
THE Lessor agrees to pay for normal water consumed on the said premises but in the
event of any abnormal consumption of water either by reason of the character of the business carried
on by the Lessee or by the use of mechanical or other contrivances the Lessee consents to the
installation of a water meter at his own expense, if necessary, and further agrees to pay for the
excess water consumed on the said premises.
PLATE
GLASS
S
1
:
FIRE
PROVIDED
that if during the term herein or any renewal thereof the premises shall be
destroyed or damaged by fire or the elements then the following provisions shall apply:
If the demised premises shall be so badly injured as to be unfit for occupancy, and as to
(a)
be incapable of beinS repaired with rcasonablc diligc-ncr within one 1111ndrccland twenty days of the
happening of such iiljury, then the term hcrcby granted shall WLSOand bc at an end to all intents
.
Newsome and Gilbert.
Form 1038
Commercial
Lease
Page 5 of q(
Limited
and purposes from the date of such damage or destruction, and the Lessee shall immediately surrender
the same, and yield up possession of the demised premises to the Lessor, and the rent from the time
of such surrender shall be apportioned;
If the demised premises shall be capable, with reasonable diligence, of being repaired and
(b)
rendered fit for occupancy within one hundred and twenty days from the happening of such
injury as aforesaid, but if the damage is such as to render tile demised premises wholly unfit for
occupancy, then the rent hereby reserved shall not run or accrue after such injury, or while the
process of repair is going on, and the Lessor shall repair the same with all reasonable speed, and
the rent shall recommence immediately after such repairs shall be completed.
If the demised premises shall be repaired within one hrmdred and twenty days as aforesaid,
(cl
and if the damage is such that the said premises arc cnpablc of bc~in~ partially used, then until such
d.a.nla.gcshall have been rcpaircd, the rent shall abate in tllc proport’ion that the part of the demised
premlscs rendered unfit for occupancy bears to the whole of the demised premises.
NO ARATEMENT
OF RENT
THERE shall be no abatement from or reduction of the rent due hereunder, nor shall the
Lessee bc cntitlcd to damages, losses, costs or disburscmcnts from the Lessor during the term hereby
created on, caused by or on account of firr, (ruccpt as nhovc), water, sprinkler systems, partial or
temporary failure or stoppage of heat, light, etcvator, live steam or plumbing service in or to the
said premises or building, whether due to acts of God, strikes, accidents, the making of alterations,
repairs, renewals, improvements, structural changes to the said premises or buildings or the equipment
or systems supplying the said services, or from any cause whatsoever; provided that the said failure
or stoppage be remedied within a reasonable time.
RIGHT TO
SHOW
PREhlISES
THAT the Lessee will permit the Lessor to exhibit the demised premises during the last
three months of the term to any prospective tenant and will permit all persons having written
authority thercfor to view the said premises at all rcasonablc Ilours.
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 Lessee, be given by a writing left at the
demised premises or mailed by registered mail addressed to the Lessee at the demised premises,
and if intended for the Lessor by a writing lclt at the premises of the Lessor at 610 Dun&s
St.
East, Belle~ille
or such other address as the Lesso may in wr'ti
g direct.
or malted by reglstered mail addressed to the Lessor at the Lessor’s sal*ii premises, anhsuc! notlce
shall be deemed to have. been given at the time it was delivered or mailed, as the case may be.
OVER
IIOLDING
PROVIDED frlrthcr and it is hrrcby ngrcctl that sl~ould the I,esscc hold over after the
expiration of this lcnsc and Lhc Lessors thereafter accept r(‘nt for the said prcmiscs, the Lessee shall
hold the said premises as a monthly tenant only of the Lessors but subject in all other respects
to the terms and conditions of this lease.
The words importin g the singular number only shall include the plural, and vice versa, and
words importing the masculine gender shall include the fcmininc 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 the executors, administrators,
successors and/or assigns of the said Lessor and Lessee, respectively, and when there are two or more
Lcssecs bound by the same covenants herein contained, their obligations shall be joint and several.
THE Lessee shall
have the option
to renew this Lease
on the same terms
and conditions
from June lst,
1996
to May 31st,
2001, save and except for the rent payable
which rent shall
be as set out in Schedule
"A" appended
hereto.
THE Lessor agrees to maintain
et-itrance for the handicapped.
THE Lessee
shall
spaces for staff
and
and the Lessor shall
for the exclusive
use
of Hastings
and those
thereat.
have
the
at
its
exclusive
20 parking
spaces
erect
a sign that
of the Corporation
persons conducting
THE Lessee shall
be permitted
surface
mounted sign.
to
own expense
an
use of 40 parking
for clientele
such spaces are
of the County
business
install
an exterior
a
Page 6 of 8
THE premises
shall
contain
a fire
sprinkler
system
at all times and the Lessor agrees to comply with all
provincial
and federal
building
relevant
municipal,
codes.
these
IN WITNESS WHEREOF the
presents.
parties
hereto
have executed
REWTX CORPORATION
per:
I have the authority
bind the corporation
PARIs MARINE (BELLEVILLE)
to
LTD.
per:
I have the authority
bind the corporation
to
THE CORPORATION OF THE COUNTY
OF HASTINGS
per:
per:
Page 7 of 8
SCIIEDULE "A"
ALL AND SINGULAR that
premises,
in
lying
situate,
the County
1, of
the
Belleville,
and which
particularly
dcscribcd
PREMISING that
east
the
bearing
Wwnship
north
limit
bearings
herein
which
of
limit
of
#701,
measured
southerly
along
the
Plan
of
said
the
Dundas
Plan
corner
of part
now in
tract
of
of Lot
the
land
Street
12,
City
of
may be more
east
Lot
30 seconds
"
as follows;
cast
point
limit
of
East
of
distant
said
12 according
said
Lot
12
as shown on
being
limit
',
has : an'..'
thereto;
Street
said
East
58 minutes
may be located
Deposited
east
or
81 dcgrccs
Fiighways
north
City
Thurlow,
of Dundas
intersection
the.northerly
the
land and
I
of Belleville,
composed
of
parcel
north
COMMENCING at a point
with
in
of
as follows:
all
BEGINNING at the
or'tract
and being
said
of
and relating
parcel
and being
of Hastings,
in Concession
astronomic
certain
lot
6689.29
12 from
the
to Deposited
21R-2050;
* THENCE south 81 degrees 513 minutes
,,I:,
.
. '.
'. Of 300 feet to a survey.post,
said
l,\!.
30 seconds
point
west
being
a distance
the
point
of.
along
said
commencement;
THENCE'north
north
limit
planted
Lot
81 degrees
of Dundas
at its
Street
intersection
East,
with
30 seconds
east
300.0
to
the
feet
said
east
a survey
post
of
limit
12;
THENCE north
said
58 minutes
east
18 degrees
of Lot,
limit
THENCE south
71 degrees
feet,
more
or less,
north
18 degrees
00 minutes
30 seconds
650.0
to a survey
feet
59 minutes
to a survey
00 minutes
west
30 seconds
post
west
post
west,
planted
30 seconds
along
the
planted;
295.46
in
a line
from
the
drawn
point
of commencement;
. *
: ‘.
THENCE south
18 degrees
more
to
or
less
the
said
00 minutes
point
of
30 seconds
commencement.
east,
598.0
feet
feet
Page 8 of 8
SCHEDULE "B"
The rent payable during
the term
and any renewal thereof
shall
be as follows:
of this
Lease
$ lO.OO/sq.ft.
per
annum
June l/91
- May 31/94
:
June l/94
- May 31/95
:
10.50/sq.ft.
per annum
June l/95
- May 31/96
:
ll.OO/sq.ft.
per annum
June l/96
- May 31/97
:
11.50/sq.ft.
per
annum
June l/97
- May 31/98
:
12.00/sq.ft.
per
annum
June l/98
- May 31/99
:
13.00/sq.ft.
per annum
June l/99
- May 31/2000
:
14.00/sq.ft.
per annum
:
15.00/sq.ft.
per annum
June l/2000
- May 31/2001
The Lessee
realty
taxes,
operating
share
shall
heat,
exceed
$2.50
term.
The Lessee
increases
in
per
4,000
immediately
available.
based
on its
year
shall
also
pay any proportionate
such costs
from
year
feet
at the
of additional
rear
of
first
to year
have the
or its
percentage
the
in
lease
and
such sum not
foot
shall
of all
building,
square
of this
square
total
share
gas charges
expenses
of the
The Lessee
currency
pro-rated
hydro-electricity,
and maintenance
of occupancy
pay its
option
renewal
space
the within
to
of the
thereafter.
during
the
to lease
up to
adjacent
to and
premises,
when and if
Dated
19 91
June 1st
REMTX CORPORATION
MARINE (BELLWILLE)
and PARIS
LTD.
-TO-
THE CORPORATION OF THE
COUNTY OF HASTINGS
aummPrfi#l EPz.tSP
Newsome
and
RICHARD
Gilberf
R.
Limited-Form
1034
KETCHESON,
Barrister
& Solicitor,
212% Front Street,
Belleville,
Ontario.
K8W 222
(613)
966-1123
.
.
\
‘
.-
OFFER
TO
LEASE
TO:
RENTX CORPORATION
FROM:
THE CORPORATION OF THE COUNTY OF HASTINGS
THE CORPORATION OF THE COUNTY OF HASTINGS (Department of
hereby
mises
City
to lease
of Belleville,
of the
lands
1990,
6,600
described
The term
shall
on March
31,
following
the
and being
"A" appended
plan
pre-
terms:
The lessee
this
in
to and including
commence on April
1996.
pre-
lease
1, 1991 and end
shall
on the
for
have the
same terms
those
and
exceptions
herein.
The lessee
currency
shall
of
adjacent
have the
this
up to 4,000
within
feet
Schedule
revised
save and except
contained
East
square
in
Architect,
to renew
premises,
shown on a floor
on the
conditions
the
as 610 Dundas Street
by Gregg Gordon,
11,
inspected
RENTX CORPORATION those
containing
option
3.
from
and more particularly
December
2.
having
known municipally
hereto
1.
Services)
offers
a portion
pared
Social
lease
square
feet
option
or its
during
the
renewal
to
of additional
to and immediately
at the
lease
space
rear
of the
premises.
The rent
to be paid
during
the
initial
term
shall
be as follows:
Apr.1/91-Mar.31/94
: $lO.OO/sq.ft.
per annum;
Apr.1/94-Mar.31/95
: $10.50/sq/ft.
per
annum;
Apr.1/95-Mar.31/96
: $ll.OO/sq.ft.
per
annum
and during
paragraph
the
renewal
1 herein
is
term,
exercised
if
the
shall
option
in
be:
Apr.1/96-Mar.31/97
: $11.50/sq.ft.
per
Apr.1/97-Mar.31/98
: $12.00/sq.ft.
per annum;
Apr.1/98-Mar.31/99
: $13.00/sq.ft.
per
annum;
Apr.1/99-Mar.31/2000
: $14.00/sq.ft.
per
annum;
$15.00/sq.ft.
per
annum
Apr.1/2000-Mar.31/2001:
annum;
-2-
4.
Rent
shall
be paid
Dundas
Street
day of
each and every
or its
renewal
tion
East
in
5.
taxes,
based
month
the
from
share
such
sum not
the
year
of
time
term.
increases
in
of
610
its
as Rentx
first
lease
Corpora-
to time.
pro-rated
share
of all
and gas charges
of occupancy
to exceed
the
at
on the
term
address
pay its
percentage
proportionate
during
hydro-electricity
building,
first
Corporation
of Belleville
such other
shall
heat,
on its
City
direct
The lessee
realty
the
or at
may in writing
to Rentx
$2.50
per
The lessee
of the
total
square
foot
shall
such costs
from
also
year
in
pay any
to year
thereafter.
The lessor
6.
agrees
tions
for
pared
by Gregg Gordon,
walls,
offices
carpet
and rooms
the
7.
entrance
for
provide
the
agrees
to
handicapped
parti-
floor
to paint
all
plan
all
pre-
interior
necessary
and install
and electrical
The lessor
necessary
shown on the
and supply
fixtures
all
Architect,
premises,
and air-conditioning
washroom
to erect
all
heating
necessary
outlets.
include
at
to comply
its
with
own expense
an
municipal
requirements.
8.
The lessee
colour
of carpet
of the
acceptance
shall
have the
right
to be used on the
premises
The lessee
shall
have the
parking
spaces
staff
and 20 parking
are
and the
for
of Hastings
10,
terior
for
lessor
the
shall
erect
exclusive
use of
and those
persons
The lessee
surface
select
the
within
14 days
hereof.
9.
tele
to
shall
mounted
exclusive
a sign
the
spaces
that
Corporation
conducting
be permitted
sign.
use of 40
for
such
clienspaces
of the
business
to install
County
thereat.
an ex-
-3-
11.
All
Gordon,
Architect
premises
shall
struction
construction
at
and federal
12.
This
offer
13.
This
binding
until
County
of the
ings
shall
Council
at its
meeting
Dated
of
if
system
and con-
municipal,
pro-
is
to be held
passed
on January
this
10th
Hastings
the
at the
County
meeting
of Hast-
31, .1991.
day of January,
THE CORPORATION OF THE
COUNTY OF HASTINGS
at Belleville
this
day of January,
1991.
RENTX CORPORATION
per:
it
and
1991.
Accepted
day
time.
be final
approving
of the
15th
whereupon
by the
Committee
the
by that
not
passed
By-law
p.m.
accepted
will
Corporation
at Belleville
The
until
11:59
not
is
Services
of the
lessor.
relevant
accepted,
and an enabling
by Gregg
codes.
hour
a Resolution
Social
all
be irrevocable
and void
if
of the
sprinkler
building
offer,
Joint
agreement
expense
with
1991 at the
become null
be supervised
a fire
comply
vincial
shall
the
contain
shall
of January,
shall
-.,.
,--.
_.-
$?F’
.
. . ..“..s
.*a...+.
._
*.
___c
___,-..-^,--_--_.__._
7
jf.<
_
--.*--
“--.
-
. .._....
-- -_..,...I...
-.._
-
_--...
-“--.
...
.
.
-4-
’
"
SCHEDULE "A"
ALL AND SINGULAR that
premi6es,
situate,
in the County
I
in Concession
lying
particularly
described
PREMISING that
said
all
BEGINNING at the
limit
81 degrees
bearings
which
land
12,
the City
of
may be more
Deposited
Plan
#701,
measured
southerly
along
the
said
east
Lot
has an'.
30 second6
.
as follows;
cast
limit
of Dundas Street
said
East
thereto;
of the
Highways
Plan
of Lot
now in
of
may be located
limit
of
of part
58 minute6
herein
intersection
corner
composed
or tract
and
of Belleville,
of Dundas Street
northerly
east
City
of Thurlow,
parcel
with‘the
north
the
of land
as follows:
COMMENCINGat a point
'I
.I
mwnship
of north
and relating
in
and being
the north
bearing
or tract
and being
1, of the
and which
east
parcel
of Hastings,
Belleville,
astronomic
certain
point
limit
of
East
said
12
as shown on
being
distant
of said
lot
12 according
Lot
to
6689.29
12 from
feet
the
*
Deposited
21R-2050;
I. s;;
81 degrees
'. :i..,,THENCE south
.
. :.s?' '.
.;' 1' of 300 feet to a survey
58 minutes
30 second6
post,
point
said
west
being
a distance
the point
of.
commencement;
THENCE north
north
limit
planted
Lot
81 degrees
of Dundas Street
at its
intersection
said
:
,
East,
with
30 seconds
east
300.0
to a survey
the
feet
said
east
along
limit
said
post
of
121
THENCE north
*.
58 minutes
east
18 degrees
limit
THENCE south
of Lot,
71 degrees
feet,
more or less,
north
18 degrees
00 minutes
30 seconds
650.0
to a survey
feet
59 minutes
to a survey
00 minutes
west
post
30 seconds
post
planted
30 seconds
west
west,
in
from
along
the
planted;
295.46
a line
drawn.
the point
of commencement;
THENCE south
18 degrees
more or less
to the
said
00 minutes
point
30 seconds
of commencement.
east,
598.0
feet
"
OFFER TO LEASE
TO:
RENTX CORPORATION
FROM:
THE CORPORATION OF THE COUNTY OF HASTINGS
RICHARD R. KETCHESON
Barrister
and Solicitor
212% Front Street
Belleville,
Ontario
K8N 222
(613)
966-1123
Solicitor
.
..-.-
..r
.
.
-
‘_ .
,‘,
,.,
-,.,...
for
.~
.
The Corporation
.
of the
County
of Hastings
.
R. KETCHESON
RICHARD
BARRISTER
AND
TELEPHONE
666
AREA
CODE
SOLICITOR
212%
FRONT
STREET
BELLEVIUE,~NTARIO
January
County
of Hastings,
County
Administration
Postal
Bag 4400,
Belleville,
Ontario
K8N 3A9
Attn:
Dear
Willem
Mr.
Mr.
Offer
meeting
December
Buildings,
Bouma
Hastings
County
I enclose
the
to Lease.
This offer
at my office
17, 1990.
I am sending
you and a copy to Mr.
comments.
Social
original
sets
with
out
Mr.
Services'
and
four
Lease
copies
of
the terms negotiated
DiRocco
and Mr. Fry
the original
Fry for his
Yours
a
at
on
a
and other
copies
to
approval
and/or
further
If all
appears
to be in order,
affix
the corporate
seal and
all
copies,
me for delivery
to Rentx Corporation.
very
RICHARD
RRK:gds
Encls.
1991
Bouma:
Re:
draft
10,
you should
sign
return
them to
truly,
R. KETCHESON
- I123
613