4335 ATT01 - Lease Agreement between E & E McLaughlin Ltd and the Town re_ 8 Ross Street (Summer Place)LEASE AGREEMENT
Dated August 11, 2019
BETWEEN E&E McLaughlin Ltd.
AND
P.O. Box428
Tillsonburg, Ontario
N4G4H8
(here in after referred to as the "Tenant")
Town ofTillsonburg
200 Broadway, Suite 204
Tillsonburg, Ontario
N4G SA7
(hereinafter referred to as the "Landlord")
THE LANDLORD AND TENANT HEREBY AGREE to enter into a lease agreement
containing the following terms and conditions:
PREMISES 1. The demised Premises consists of the building known municipally as 8
Ross Street, Tillsonburg, Ontario or "Summer Place".
USE 2. The Premises shall be used by the Tenant for the following purpose(s):
Recreation Centre
Or for any other lawful use. The Landlord covenants that to the best of its
knowledge, there are no lawful restrictions that prohibit the Tenant's Use as
described.
TERM 3. The Lease shall be for an initial Term of TEN (10) Years
RENTAL
ADDITIONAL
Commencing on the...1..::._ Day of September 2019. and
Terminating on the 31st Day of August 2029.
In the case that the Lease is executed prior to the commencement date, the
Tenant shall take early possession of the Premises with all Terms and
Conditions of this agreement being in full force and effect.
4. The Tenant shall pay, in advance, a FIXED rate of $1.00 per annum throughout
the Term of the Lease, and any renewals.
RENTAL 5. It is agreed by the Parties that the Premises are rented on a Gross Basis and
TENANT
COSTS
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the intention of the Parties is that the Rent shall include the following:
Property Taxes, Building & Liability Insurance, Utilities and Grounds
Maintenance.
6. The Tenant shall pay such business taxes and any taxes which are personal in
nature with respect to its property or income; its own telephone services; and
costs to insure the Premises for liability and contents.
UTILITIES 7. Utilities are the sole responsibility of the Landlord. Utilities include, but not
REPAIRS 8.
SIGNAGE 9.
ASSIGNMENT 10.
LEASE BACK 11.
SCHEDULES 12.
BINDING
AGREEMENT 13.
TENANT'S
WORK
Page 12
14.
limited to, water, sewer, electricity, heating and cooling ( as applicable).
The Tenant shall maintain the whole of the demised Premises in good order, as
a prudent owner would do, and shall make all needed repairs with due
diligence, including, but not limited to the following; electrical, plumbing,
windows, doors, HVAC system, roof, foundation and outside walls.
The Tenant, at its own expense, may erect signage, subject to the Landlord's
approval, which approval shall not be unreasonably withheld.
The Tenant shall have the right to sublease or assign all or any part of the Premises
at any time, subject to Landlord's consent (not to be unreasonably withheld,
conditioned or delayed), except that no consent shall be required for subleases or
assignments to affiliates or subsidiaries of the Tenant, The Tillson burg Rowing
Club, or the Tillsonburg Sea Scouts. All funds received from the Sub-Tenant(s) will
be used strictly in the renovation and building maintenance of the Premises.
The Landlord wilt Lease back the public bathrooms within the Premises for
$5,000.00 per year plus HST payable to the Tenant on the commencement of each
Lease Year. The Landlord will control the access to the public washrooms and be
responsible for the janitorial services, and toiletry supplies. It is agreed that the
Landlord will continue to use the Premises as a source of power for the aerators in
Lake Lisgar. The upper portion of the Premises will be available to the Landlord
during the months of July & August to operate a Summer Camp at no additional
charge. During this time the Landlord is responsible for janitorial services and is
required to store all supplies in an office made available on site as to accommodate
other activities when the camp is not in operation.
The Schedules attached hereto shall form an integral part of this Agreement, and
consist of the following:
Schedule "A" -A Sketch of the Premise
The Tenant acknowledges having inspected the property prior to executing this
Agreement. The Parties agree that this Lease sets out the entire agreement and
understanding of the Parties.
The Tenant is taking over the Premises in a "as is" condition. The Tenant is aware
of the presence of mould in the Premises and acknowledges receipt of the mould
assessment report completed by Caskanette Udall Consulting Engineers dated July
31st, 2018. The Tenant agrees to complete the remediation work required in order
to make the Premises safe to occupy. The Landlord agrees to give the Tenant
$60,300 allocated by Tillson burg Town Council to demolish the Premises, less the
funds already spent by the Landlord for testing and initial remedial work. These
funds are now intended for the renovation of the Premises by the Tenant and will
only be used for the Premises. Furthermore, the Landlord will waive or pay for any
building permits that are associated with the building.
SUCCESSORS
& ASSIGNS 15. The heirs, executers, administrators, successors & assigns of the undersigned are
bound by the terms and conditions of this agreement.
RENEWAL 16.
QUIET
ENJOYMENT 17.
LANDLORD's
WORK 18.
If the Landlord and Tenant mutually agree to extend the Lease, there will be .2.
options for additional term(s) of .2 years (each). The Rent for the Renewal term(s)
shall remain the same as the original Lease throughout this and any other renewal.
The Landlord covenants that in consideration for the Rent the Tenant shall have
quiet enjoyment of the Premises during the Term of this Lease without any
interruption or disturbance from the Landlord or any other person or persons
lawfully claiming through the Landlord
Neither the Tenant, nor any persons for whom it is responsible for at Law, shall,
without prior written approval from the Landlord:
(a) place or erect any new or additional structure on the
Municipal Lands;
(b) dig on or intentionally alter the surface of the Municipal Lands;
(c) leave any litter or refuse on the Municipal Lands;
(d) park any vehicle on the Municipal Lands, other than on a
temporary basis in the designated public parking areas.
INSURANCE 19. Throughout the term of this Lease, The Tenant shall obtain and maintain the
insurance shown below:
INDEMNIFICATION
(a) Third party general liability insurance covering all use of the
Premises by Tenant in an amount not less than Five Million
($5,000,000.00) dollars, and shall name the Landlord as an
additional insured with respect to The Tenant's rights and
obligations under this Agreement; and,
(b) The Tenant will provide the Landlord with evidence of the
insurance as described above, promptly upon request. Such
certificate shall be delivered within thirty (30) days of
commencement ofthisAgreement.
& WAIVER 20. Both the Tenant and the Landlord shall indemnify and hold harmless each
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other from and against all liability, loss, claims, demands, costs and
expenses, including reasonable legal fees, occasioned wholly or in part by
any negligence or acts or omissions of the Landlord or Tenant, its officers,
agents, licensees, employees, invitees or those for whom it is otherwise
TERMINATION
responsible for at Law, arising out of any cause whatsoever through its
use of the Premises. This section shall survive the termination of this
Agreement.
CLAUSE 21. Both the Landlord and the Tenant have the right to terminate the Lease
agreement with 12 months written notice. If the Landlord choses to
terminate the agreement, the Landlord shall be responsible to reimburse
the Tenant for any expenses regarding the mould abatement or building
renovation that was not offset from the monies collected by way of sub-
rent or initial funds received from the Landlord.
Signature Page to follow ...
Page 14
THE TENANT HEREBY ACCEPTS THE TERMS AND CONDITIONS OF THIS AGREEMENT:
E&E McLaughlin Ltd.
--z 'LF~ ~ ., -J..-Date 0#-!) / 2 /J1
Tenant (ftrthorized Official) 1/J
Name:~~~ WCJ.-<f
Title: ~~ n,~ CJ.,u:l,,,r;~
Per ________________ Date ___ _
Tenant (Authorized Official)
Name:
Title:
The Town of Tillsonburg
'.~\G -~ ~uthorized Official) Date /J I Cf I ,5 / /;) {) C)l 'j
, me,Stephen B. Molnar ~ ,
Title: Mayor
Per r--Lw (. ljJ,/2_
Landl'b-ri(Authorized Official) / , 1 L J
Name: 9efl-mt-Wi-l-s-efl. .l._c /? o.. UY/ 1/-Z
Title: 8e-rk O..-{pu/;1 c /.,r 1k
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Date~5/ /~ ,POI 9
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Schedule A
The Premises