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1995-053 To Enter into a Lease Agreement between Ceramica Tile Centre (Barrie) Ltd. for Office Facilities II !i II il If " II Ii :1 'I ;1 :1 " " 'i II il Ii II ,: II II II :, " II :i :i . I I Ii il I :1 :1 , , " ii " " Ii Ii ,: Ii ... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 95-53 Being a By-Law to Enter Into a Lease Agreement Between Ceramica Tile Centre (Barrie) Ltd. for Office Facilities WHEREAS the ontario Provincial Police (Community policing Division) desires to continue in the current office space facilities; NOW THEREFORE be it resolved that The Corporation of the Township of Oro-Medonte enacts as follows: 1. That the lease agreement between Ceramica Tile Centre (Barrie) Ltd. and The Corporation of the Township of Oro- Medonte for premises described as Lot 2, Plan 1195, Township of Oro-Medonte (formerly Oro), be accepted, effective April 1st, 1995. 2. That the Mayor and Clerk be authorized to execute said Lease Agreement, attached hereto as Schedule "A" and forming part of this By-law. 3. That this By-law shall come into full force and effect on its final passing thereof. READ a first and second time this 17th day of May , 1995. READ a third time and finally passed this 17th 1995. day of May THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE /, R J/ /" I / '" ~ j ". ~..ll:"-. Mayor, Ian Beard ~ /. .' J ", 1 L.. W dl)e.. A "AjZ",~,,/ " w4_L(;,,~,,~,~, '" ~ erk, Darlene Shoebridge . . - -...",F"",,'" '~ SCHEDULE "A" LEA S E 1. THIS INDENTURE, made this Day of , _ between CERAMICA TILE CENTRE (BARRIE) LTD., a corporate bodv havinq its head office in the Township of Oro in the Province of Ontario, hereinafter referred to as the Lessor, and Corporation of Township of Oro-Medonte, with its principal offices at Box 100, oro, Ontario, hereinafter referred to as the Lessee, WITNESSETH: 2. That the said Lessor, for the consideration hereinafter set forth, has demised, granted and leased, and by these presents does hereby demise, grant and lease unto the said Lessee, its subsidiaries, affiliates and successors office space in the premises described as follows: R.R. #1. Oro. Plan #1195. Lot 2. Township of Oro-Medonte (former Iv Oro) beinq approx. 475 Sq. ft. as shown on plan attached to this aqreement. Countv of Simcoe. Province of Ontario, with all the rights, privileges and appurtenances appertaining and belonging hereto, for the purpose of conducting an ontario Provincial Police Office therein. 3. TO HAVE AND TO HOLD the above described premises for a nine month period commencing on the 1st dav of April. 1995, and ending on the 31st dav of December. 1995. The Tenant shall have the right to renew the lease on size, terms and conditions to be negotiated or arbitrated at least 6 months prior to the end of this term. 4. The said Lessee hereby covenants and agrees to pay the said Lessor, or assigns, the sum of $425.00 Gross amount per month on the square footage deemed for the following month plus Goods and Services Tax per month. Payable as follows: prior to commencement of the first month and thereafter on or before the first day of each month thereafter, during the continuance of this lease; and last months rent deposit, to be paid on signing of lease and held . - '. ..,/..... PAGE 2 by the Landlord to be applied to the last month of the Lease. 5. The said Lessee agrees that it will not sub-let or allow any other person, firm or corporation to occupy the demised premises without first obtaining the written consent of the said lessor; 6. The said Lessee also covenants and agrees that at the expiration of this lease, it will surrender peaceable possession of the demised premises in as good condition as they were at the commencement of this lease, loss by fire from any cause or other casualty and ordinary wear and tear excepted; and, 7. Upon non-payment of the whole or any portion of said rent the time same becomes due and payable, as aforesaid, the Lessor may at its election either distrain for said rent due or declare this Lease at an end and recover possession of the demised premises as if the same were held by forcible detainer, and the said Lessee does hereby waive notice or such election, or of any demand for the possession of said premises (see item 11 of Addendum "A"); and, 8. It is further understood and agreed by and between the parties hereto that the Lessor will furnish heating, lighting and other utilities and/or facilities for the demised premises, including but not being limited to qas. electricity and water at the expense of the Lessor; and, 9. It is further understood and agreed by and between the parties hereto that if during the term of this lease, or any renewal thereof, the building or the demised premises are so injured or damaged by fire, or otherwise, that the same are rendered wholly unfit for occupancy and cannot be repaired within sixty days of the happening of such injury or damage; and, in such case, the Lessee shall pay the rent apportioned to the time of injury or damage and shall surrender the demised premised to the Lessor who may thereupon enter upon and repossess the same; but, if the injury or damage is such the demised premises can be repaired within sixty days thereafter, the Lessor may enter upon and repair the same with reasonable promptness, and this lease shall not be affected, except - " , 11,-' ;-. '( PAGE 3 that the rent shall be suspended while such repairs are being made; but, in case the injury or damage shall not render the demised premises unfit for occupancy, this lease shall not be affected, and the Lessor may enter upon the same and shall repair the demised premises with reasonable promptness; and, 10. It is further understood and agreed by and between the parties hereto that if the Lessee installs furniture, fixtures or other equipment with the written consent of the said Lessor, the said furniture, fixtures or other equipment may be detached and removed by the Lessee at the expiration of this lease by the lapse of time, or, otherwise, provided the rent or other charges upon the Lessee are fully paid: 11. It is further understood and agreed that during the term of this agreement or any extension or renewal thereof that the Lessor shall perform or cause to be performed any alterations, repairs, or replacements to the premises that are required by any Federal, state or Municipal authority. Should the Lessor fail to perform in compliance with said orders the Lessee may at its option cause the alterations, repairs or replacements to be made and reduce the rental due hereunder in the amount of the cost of said alterations, repairs, or replacements: 12. Lessee may at any time make such alterations, changes or improvements to the Demised Premises at its own cost as Lessee may deem necessary for the purpose of incorporating data processing, automatic or other electronic equipment into its normal business operation, provided they do not weaken the structure or lessen the value of the Demised Premises. Any such alterations, changes or improvements insofar as they do not involve the installation of trade fixtures, equipment, furniture or furnishings shall become a part of the realty of the Demised Premises and become the property of the Lessor at the termination of the Lease, or, at the Lessor's option, shall be removed by Lessee and any damage caused by such removal shall be repaired by Lessee to the satisfaction of the Lessor. . ~ i--; ; PAGE 4 Lessee will not allow any lien to attach to the Demised Premises as change or improvement. a result of the installation or removal of any such alteration, ADDENDUM "A" ATTACHED IS AN INTEGRAL PART OF THIS LEASE SIGNED, SEALED & DELIVERED in the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CERAMICA TILE CENTRE (BARRIE) LTD. PER: I have authority to bind the Corporation CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE t ftL~ lJ CiV.l Mayor Ian Beard 4t . ~ .; ,~. 9. The words "Lessor" and "Lessee" as used herein shall include plural as well as the singular. Words used in the masculine gender shall include the feminine and neuter. If there be more than one Lessee, the obligations hereunder imposed upon the Lessee shall be joint and several; 10. All of the provisions of this lease are to be constructed as covenants and agreements as though words importing such covenants and agreements were used in each separate paragraph hereof, and all such provisions shall be binding upon and ensure to the benefit of the parties hereto and their respective successors and assigns. 11. In respect to non-payment of paragraph 7, the Lessor must notify the Lessee of delinquency and the Lessee has 7 (seven) days to pay delinquent funds, subject to the interest penalties stated in item "6" of Addendum "A". 12. The Lessee will not be held liable for any remedial action required as it pertains to environmental contamination or pollutants as have been established or caused by any former Tenants or owners of the named premises. 13. The Lessor shall ensure prior to receiving the said rent, that all municipal taxes on Lot 2, Plan 1195, Township of Oro- Medonte (formerly Oro) remain current.