86-49
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COUNTY OF ELGIN
By-Law No. 86-49
"BEING A BY-LAW TO AUTHORIZE THE WARDEN AND CLERK TO SIGN A
LEASE WITH THE ·ONT ARlO SECONDARY SCHOOL TEACHERS' FEDERATION,
DISTRICT 35."
WHEREAS the Corporation of the County of Elgin
wishes to lease unused space in their new Administration
Building at 450 Sunsßt Drive, ::;t ,''rlìorna¡;;,+ .. and
WHEREAS The Ontario Secondary School Teachers'
Federation, District 35, has agreed to lease an area on the
second floor of the said Administration Building, under certain
terms and conditions.
NOW THEREFORE the Warden and Clerk are hereby
authorized to sign a lease with The Ontario Secondary School
Tèachers' Federation, District 35, setting forth the various
conditions under which they will occupy space at 450 Sunset
Drive, a copy of which is attached as an Appendix.
READ a first time this 24th day of September, 1986.
READ a second time this 24th day of September, 1986.
READ a third time and finally passed this 24th day of September. 1986
1-. ~_c'/'~
G C. Leverton,
Clerk
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THIS LEASE made the 24th day of September 1986
BET WE EN:
THE CORPORATION OF THE COUNTY OF ELGIN
having its Administration Offices at
450 Sunset Drive, St. Thomas, Ontario
herein called the "Land1ord
of the FIRST PART
- and -
ONTARIO SECONDARY SCHOOL TEACHERS' FEDERATION, DISTRICT 35
herein called the nTenant II
of the SECOND PART
WITNESSETH that in consideration of the rents reserved
and the covenants and agreements herein contained on the part of
the Tenant, the Landlord leases to the Tenant the office
numbered 226 and 228 on the second floor of the County Building
(herein referred to as the building) situate at 450 Sunset
Dr i ve St. Thomas, Ontario together with:
i) the use of the following fixtures and fittings therein
(see Appendix IIA" if applicable); and
ii) the use in common with other persons entitled thereto the
washrooms situate on the first floor of the building; and
iii the use in common with other persons entitled thereto of
the entrance hall, staircases and corridors in the
building for the purpose of ingress and egress to and
from the said offices; and
iv the use of two (2 ) parking spaces in an area to be
designated by the Landlord
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for a term of five (5) years commencing on- 'the 1st 'day of
January, 1987 at a rent of $4,440.00 per year payable monthly in
advance in installments of $370.00 each, the first of such
installments to be paid on or before the 1st day of January,
1987.
1. TENANT I S COVENANTS
The Tenant hereby covenants with the Landlord as follows:
1.1 to pay the rent hereby reserved in the manner and on the
days specified herein;
1.2 to pay when due all charges for electricity, gas and water
supplied to the said offices in the event such charges are
separately levied on the Tenant, and to pay all and any
business tax levied on the Tenant;
1.3 to use the said offices for business or professional uses
only and not to permit them to be used as a workshop or
manufactory or for the purpose of conducting an auction
sale thereon;
1.4 not to use the said Offices or permit them to be used for
any purpose which may render the insurance on the building
void or voidable or which might cause the premium for such
insurance to be increased;
1.5 not to use the outer walls or windows in the said offices
for any notice or nameplate and to exhibit its name in form
and character approved by the Landlord on the directory
board in the entrance hallway to the building, and on the
glass of the outer doors of the offices only;
1.6 not to part with possession of the said offices or any part
thereof without the prior consent of the Landlord
1.7 to a1.~ow the janitor employed by the Landlord and the
cleaners under his direction to enter the 'said offices for
the purpose of cleaning them on any day after normal
business hours; -
1.8 not to make any alterations or additions to the said
offices without the prior consent of the Landlord and to
keep the said offices and the windows and the fixtures and
fittings therein in good repair, reasonable wear and tear
only excepted and to deliver them up in such condition on
termination of this lease. This covenant to maintain does
not extend to the outer walls or roof of the building which
shall, be the Landl,ord's sole responsibility to maintain,
but the Tenant shall pay to the Landlord the cost of
repairs to the outer walls and roof occasioned by the use
of the offices by the Tenant or those for whom he is
responsible;
1.9 to permit the Landlord and its agents at all reasonable
times during the business hours to enter and view the state
of repair of the said offices and promptly to repair and
maintain them in accordance with any. notice so to do given
by the Landlord or its agents.
2. LANDLORD'S COVENANTS
The Landlord hereby covenants with the Tenant as follows:
2.1 to permit the Tenant so long as he pays the rent reserved
herein and complies with his covenants to use the said
o;Efices without interference from the Landlord or those
claiming under or in trust for it
·
said offiçes other than those covenanted to be paid by the
Tenant;
2.3 ) its own expense hot and cold the
to supply at water to
washbasins and the toilet.s in the building;
2.4 to keep the common areas in the building clean and well-
lighted;
2.5 to mainta'in the common areas and the outer walls and roof
of the building in proper structured repair;
2.6 to employ a competent janitor and cleaners to keep the said
offices reasonably cleaned and dusted;
2.7 to keep the buildings and the said offices insured against
loss or damage by fire and to rebuild and reinstate them
whenever damaged by fire. If as a result of fire,' the said
offices are unfit for carrying on the Tenant's business the
rent reserved herein shall abate until the said offices are
once again fit for the Tenant's business. If part only of
the said offices are unfit for the Tenant's business the
rent shall abate pro rata until the whole of the said
offices are once more fit for the Tenant's business.
3. PROVISOS
Provided always and it is hereby agreed as follows:
3.1 The Landlord may determine this lease and re-enter the said
offices:
3.1.1 if any installment of rent or any part thereof is in
arrears for fifteen 15 days whether formally
demanded or not
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2.2 to pay all present and future rates and taxes' in
said offices other than those covenanted to be paid by
Tenant;
2.3 to, supply at its own expense hot and cold water to the
washbasins' and the toilets in the building;
2.4 to keep the common areas in the building clean and well-
lighted;
2.5 to maintain the common areas and the outer walls and roof
of the building in proper structured repair;
2.6 to employ a competent janitor and cleaners to keep the said
offices reasonably cleaned and dusted;
2.7 to keep the buildings and the said offices insured against
loss or damage by fire and to rebuild and reinstate them
whenever damaged by fire. If as a result of fire, the said
offices are unfit for carrying on the Tenant's business the
rent reserved herein shall abate until the said offices are
once again fit for the Tenant's business. If part only of
the said offices are unfit for the Tenant's business the
rent shall abate pro rata until the whole of the said
offices are once more fit for the Tenant's business.
3. PROVISOS
Provided always and it is hereby agreed as follows:
3.1 The Landlord may determine this lease and re-enter the said
offices:
3.1.1 if any installment of rent or any part thereof is in
arrears for fifteen 15 days whether formally
demanded or not
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3.1. 2 if the Tenant shall be adjudicated bank1t:'upt or
judged to be insolvent, or if a receiver or trustee
of the Tenant's property be appointed or if the
Tenant shall file a petition in bankruptcy or
insolvency, as if an execution or attachment shall
be issued against the Tenant or any of the Tenant's
property whereby the said offices or any part
thereof may be taken or occupied by someone other
than the Tenant, and
3.1.3 if the Tenant shall breach any of his covenants
herein
3.1.4 in the event that damage to the building caused by
fire is so extensive that in the sole opinion of the
Landlord it cannot be restored within sixty (60)
days of the event, the Landlord may at its option
determine this lease on giving to the Tenant within
thirty (30 ) days after such fire, lightning or
tempest notice in writing of its intention so to do
and thereupon rent and any other payments for which
the Tenant is liable under this lease shall be
apportioned and paid to the date of such fire,
lightning or tempest and the Tenant shall
immediately deliver up possession of the premises to
the Landlord
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IN WITNESS WHEREOF, the Parties have hereunto set
their hands and seals
THE CORPORATION OF THE COUNTY OF ELGIN
; Warden
Clerk
ONTARIO SECONDARY SCHOOL TEACHERS
FEDERATION, DISTRICT 35
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