THIS LEASE (this "Lease") dated this 28th day of September, 2013
Landlord Name of Landlord Address (hereinafter called the "Landlord") of THE FIRST PART
Tenant Nameof Tenant Address (hereinafter called the "Tenant") of THE SECOND PART
IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant, the Tenant leasing those premises from the Landlord and the mutual benefits and obligations set forth in this Lease, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties to this Lease (the "Parties") agree as follows:
1 - Definitions
1.1 When used in this Lease, the following expressions will have the meanings indicated:
a. "Additional Rent" means all amounts payable by the Tenant under this Lease except Base Rent, whether or not specifically designated as Additional Rent elsewhere in this Lease;
b. "Building" means all buildings, improvements, equipment, fixtures, property and facilities from time to time located at Commercial Premises Address, as from time to time altered, expanded or reduced by the Landlord in its sole discretion;
c. "Common Areas and Facilities" mean:
i. those portions of the Building areas, buildings, improvements, facilities, utilities, equipment and installations in or forming part of the Building which from time to time are not designated or intended by the Landlord to be leased to tenants of the Building including, without limitation, exterior weather walls, roofs, entrances and exits, parking areas, driveways, loading docks and area, storage, mechanical and electrical rooms, areas above and below leasable premises and not included within leasable premises, security and alarm equipment, grassed and landscaped areas, retaining walls and maintenance, cleaning and operating equipment serving the Building; and
ii. those lands, areas, buildings, improvements, facilities, utilities, equipment and installations which serve or are for the useful benefit of the Building, the tenants of the Building or the Landlord and those having business with them, whether or not located within, adjacent to or near the Building and which are designated from time to time by the Landlord as part of the Common Areas and Facilities;
d. "Leasable Area" means with respect to any rentable premises, the area expressed in square feet of all floor space including floor space of mezzanines, if any, determined, calculated and certified by the Landlord and measured from the exterior face of all exterior walls, doors and windows, including walls, doors and windows separating the rentable premises from enclosed Common Areas and Facilities, if any, and from the centre line of all interior walls separating the rentable premises from adjoining rentable premises. There will be no deduction or exclusion for any space occupied by or used for columns, ducts or other structural elements;
e. "Premises" means the office space at Commercial Premises Address.
f. "Proportionate Share" means a fraction, the numerator of which is the Leasable Area of the Premises and the denominator of which is the aggregate of the Leasable Area of all rentable premises in the Building.
2 - Leased Premises
2.1 The Landlord agrees to rent to the Tenant the office space municipally described as Commercial Premises Address, (the "Premises") . The Premises will be used for only the following permitted use (the "Permitted Use"): The Tenant will use the Premises solely for general office purposes and to comply with applicable laws, bylaws, and regulations relative to the Premises and to the business carried on.
2.2.Neither the Premises nor any part of the Premises will be used at any time during the term of this Lease by Tenant for any purpose other than the Permitted Use.
2.3 No pets or animals are allowed to be kept in or about the Premises or in any common areas in the building containing the Premises. Upon thirty (30) days notice, the Landlord may revoke any consent previously given under this clause.
2.4 Subject to the provisions of this Lease, the Tenant is entitled to the non-exclusive use of the following 1 parking space along the south side of the building Premises: The Strata bylaws requires parking of the unit vehicles to be in their location(s) and must not infringe on other tenant's parking spaces. (the "Parking"). Only properly insured motor vehicles may be parked in the Tenant's space.
2.5 The Tenant shall not change locks to the unit without prior written permission from the Landlord. If the locks are changed a copy of the key(s) must be provided to the Landlord.
3 - Term
3.1 The term of the Lease commences on Start Date and ends on End Date.
3.2Upon 15 days notice, the Landlord may terminate the tenancy under this Lease if the Tenant has defaulted in the payment of any portion of the Rent when due.
3.3 Upon 15 days notice, the Landlord may terminate the tenancy under this Lease if the Tenant fails to observe, perform and keep each and every of the covenants, agreements, stipulations, obligations, conditions and other provisions of this Lease to be observed, performed and kept by the Tenant and the Tenant persists in such default beyond the said 15 day notice.
3.4 Should the Tenant remain in possession of the Premises with the consent of the Landlord after the natural expiration of this Lease, a new tenancy from month to month will be created between the Landlord and the Tenant which will be subject to all the terms and conditions of this Lease but will be terminable upon either party giving 30 days notice to the other party.
4 - Rent
4.1 Subject to the provisions of this Lease, the Tenant will pay a base rent of Amount, payable per month, for the Premises (the "Base Rent").In addition to the Base Rent, the Tenant will pay the applicable GST to the Landlord.
4.2 The Tenant will pay the Base Rent on or before the first of each and every month of the term of this Lease to the Landlord at Landlord Addressby postdated cheques made payable to Landlord Name, or at such other place as the Landlord may later designate.
4.3 If the start date of the Lease does not fall on the first of the month then the Base Rent plus applicable and GST will be pro-rated.
4.4 The Tenant will be charged an additional amount of 1.5% of the Rent for any late payment of Rent.
5 - Operating Costs
5.1 The Landlord and/or Strata will be responsible for paying the following operating costs:
a. repairs and replacements to the Building and any component of the Building;
b. provision, repair, replacement and maintenance of heating, cooling, ventilation and air conditioning equipment throughout the Building;
c.all outdoor maintenance including landscaping and snow removal;
d.operation and maintenance of parking areas; and
e.preventive maintenance and inspection.
5.2 For any rent review negotiation, the basic rent will be calculated as being the higher of the Base Rent payable immediately before the date of review and the Open Market Rent on the date of review.
6 - Use and Occupation
6.1 The Tenant will use and occupy the Premises only for the Permitted Use and for no other purpose whatsoever. The Tenant will carry on business under the name of Tenant Name and will not change such name without the prior written consent of the Landlord, such consent not to be unreasonably withheld. The Tenant will open the whole of the Premises for business to the public fully fixtured, stocked and staffed on the date of commencement of the term and throughout the term, will continuously occupy and utilize the entire Premises in the active conduct of its business in a reputable manner on such days and during such hours of business as may be determined from time to time by the Landlord.
6.2 The Tenant covenants that the Tenant will carry on and conduct its business from time to time carried on upon the Premises in such manner as to comply with all statutes, bylaws, rules and regulations of any federal, provincial, municipal or other competent authority and will not do anything on or in the Premises in contravention of any of them.
7 - Security Deposit
7.1 On execution of this Lease, The Tenant will pay the Landlord a security deposit equal to the amount of Deposit Amount (the "Security Deposit") to be held by the Landlord without interest. Upon execution of this Lease the Security Deposit shall be due immediately. The Landlord will return the Security Deposit to the Tenant at the end of this tenancy, less such deductions as provided in this Lease but no deduction will be made for damage due to reasonable wear and tear.
7.2 The Tenant may not use the Security Deposit as payment for the Rent.
7.3Within 30 days after the termination of this tenancy, the Landlord will deliver or mail the Security Deposit less any proper deductions or with further demand for payment to: Tenant Address, or at such other place as the Tenant may advise.
8 - Quiet Enjoyment
8.1 The Landlord covenants that on paying the Rent and performing the covenants contained in this Lease, the Tenant will peacefully and quietly have, hold, and enjoy the Premises for the agreed term.
9 - Distress
9.1 If and whenever the Tenant is in default in payment of any money, whether hereby expressly reserved or deemed as rent, or any part of the rent, the Landlord may, without notice or any form of legal process, enter upon the Premises and seize, remove and sell the Tenant's goods, chattels and equipment from the Premises or seize, remove and sell any goods, chattels and equipment at any place to which the Tenant or any other person may have removed them, in the same manner as if they had remained and been distrained upon the Premises, all notwithstanding any rule of law or equity to the contrary, and the Tenant hereby waives and renounces the benefit of any present or future statute or law limiting or eliminating the Landlord's right of distress.
10 - Overholding
10.1 If the Tenant continues to occupy the Premises without the written consent of the Landlord after the expiration or other termination of the term, then, without any further written agreement, the Tenant will be a month-to-month tenant at a minimum monthly rental equal to twice the Base Rent and subject always to all of the other provisions of this Lease insofar as the same are applicable to a month-to-month tenancy and a tenancy from year to year will not be created by implication of law.
11 - Additional Rights on Reentry
11.1 If the Landlord reenters the Premises or terminates this Lease, then:
a. notwithstanding any such termination or the term thereby becoming forfeited and void, the provisions of this Lease relating to the consequences of termination will survive;
b. the Landlord may use such reasonable force as it may deem necessary for the purpose of gaining admittance to and retaking possession of the Premises and the Tenant hereby releases the Landlord from all actions, proceedings, claims and demands whatsoever for and in respect of any such forcible entry or any loss or damage in connection therewith or consequential thereupon;
c. the Landlord may expel and remove, forcibly, if necessary, the Tenant, those claiming under the Tenant and their effects, as allowed by law, without being taken or deemed to be guilty of any manner of trespass;
d. in the event that the Landlord has removed the property of the Tenant, the Landlord may store such property in a public warehouse or at a place selected by the Landlord, at the expense of the Tenant. If the Landlord feels that it is not worth storing such property given its value and the cost to store it, then the Landlord may dispose of such property in its sole discretion and use such funds, if any, towards any indebtedness of the Tenant to the Landlord. The Landlord will not be responsible to the Tenant for the disposal of such property other than to provide any balance of the proceeds to the Tenant after paying any storage costs and any amounts owed by the Tenant to the Landlord;
e. the Landlord may relet the Premises or any part of the Premises for a term or terms which may be less or greater than the balance of the term of this Lease remaining and may grant reasonable concessions in connection with such reletting including any alterations and improvements to the Premises;
f. after reentry, the Landlord may procure the appointment of a receiver to take possession and collect rents and profits of the business of the Tenant, and, if necessary to collect the rents and profits the receiver may carry on the business of the Tenant and take possession of the personal property used in the business of the Tenant, including inventory, trade fixtures, and furnishings, and use them in the business without compensating the Tenant;
g. after reentry, the Landlord may terminate the Lease on giving 5 days written notice of termination to the Tenant. Without this notice, reentry of the Premises by the Landlord or its agents will not terminate this Lease;
h. the Tenant will pay to the Landlord on demand:
i. all rent, Additional Rent and other amounts payable under this Lease up to the time of reentry or termination, whichever is later;
ii. reasonable expenses as the Landlord incurs or has incurred in connection with the reentering, terminating, reletting, collecting sums due or payable by the Tenant, realizing upon assets seized; including without limitation, brokerage, fees and expenses and legal fees and disbursements and the expenses of keeping the Premises in good order, repairing the same and preparing them for reletting; and
iii. as liquidated damages for the loss of rent and other income of the Landlord expected to be derived from this Lease during the period which would have constituted the unexpired portion of the term had it not been terminated, at the option of the Landlord, either:
i. an amount determined by reducing to present worth at an assumed interest rate of twelve percent (12%) per annum all Base Rent and estimated Additional Rent to become payable during the period which would have constituted the unexpired portion of the term, such determination to be made by the Landlord, who may make reasonable estimates of when any such other amounts would have become payable and may make such other assumptions of the facts as may be reasonable in the circumstances; or
ii. an amount equal to the Base Rent and estimated Additional Rent for a period of six (6) months.
12 - Renewal of Lease
12.1 Upon giving written notice no later than 60 days before the expiration of the term of this Lease, the Tenant may renew this Lease for an additional term. All terms of the renewed lease will be the same except for this renewal clause.
13 - Landlord Chattels
13.1 The Landlord agrees to supply and the Tenant agrees to use and maintain in reasonable condition, normal wear and tear excepted, the following chattels:
a. Chattel 1
14 - Tenant Improvements
14.1 The Tenant will obtain written permission from the Landlord before doing any of the following:
a. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
b.painting, wallpapering, redecorating or in any way significantly altering the appearance of the Premises;
c. removing or adding walls, or performing any structural alterations;
d. changing the amount of heat or power normally used on the Premises as well as installing additional electrical wiring or heating units;
e.placing or exposing or allowing to be placed or exposed anywhere inside or outside the Premises any placard, notice or sign for advertising or any other purpose; or
f.affixing to or erecting upon or near the Premises any radio or TV antenna or tower.
15 - Utilities and Other Costs
15.1 The Tenant is responsible for the direct payment of the following utilities and other charges in relation to the Premises: electricity, natural gas, water, telephone, Internet and cable.
15.2 The Tenant is responsible for the replacement cost of any electrical light bulbs, tubes and ballast.
16 - Insurance
16.1 The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss. The Tenant is advised that, if insurance coverage is desired by the Tenant, the Tenant should inquire of Tenant's insurance agent regarding a Tenant's Policy of Insurance. A copy of the insurance must be provided to the Landlord within 30 days of the start of the Term.
17 - Attorney Fees
17.1 All costs, expenses and expenditures including and without limitation, complete legal costs incurred by the Landlord on a solicitor/client basis as a result of unlawful detainer of the Premises, the recovery of any rent due under the Lease, or any breach by the Tenant of any other condition contained in the Lease, will forthwith upon demand be paid by the Tenant as Additional Rent. All rents including the Base Rent and Additional Rent will bear interest at the rate of Twelve (12%) per cent per annum from the due date until paid.
18 - Governing Law
18.1 It is the intention of the Parties to this Lease that the tenancy created by this Lease and the performance under this Lease, and all suits and special proceedings under this Lease, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Province of British Columbia, without regard to the jurisdiction in which any action or special proceeding may be instituted.
19 - Severability
19.1 If there is a conflict between any provision of this Lease and the applicable legislation of the Province of British Columbia (the 'Act'), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.
20 - Assignment and Subletting
20.1 The Tenant will not assign this Lease, or sublet or grant any concession or license to use the Premises or any part of the Premises. An assignment, subletting, concession, or license, whether by operation of law or otherwise, will be void and will, at Landlord's option, terminate this Lease.
21 - Care and Use of Premises
21.1 The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Premises or to any furnishings or other property supplied by the Landlord
21.2 Vehicles which the Landlord reasonably considers unsightly, noisy, dangerous, improperly insured, inoperable or unlicensed are not permitted in the Tenant's parking stall(s), and such vehicles may be towed away at the Tenant's expense. Parking facilities are provided at the Tenant's own risk. The Tenant is required to park in only the space allotted to them.
21.3 The Tenant will not make (or allow to be made) any noise or nuisance which, in the reasonable opinion of the Landlord, disturbs the comfort or convenience of other tenants.
21.4 The Tenant will not engage in any illegal trade or activity on or about the Premises.
21.5 The Landlord and Tenant will comply with standards of health, sanitation, fire, housing and safety as required by law.
22 - Damage to Premises
22.1 In case the Premises at any time during the Term be damaged by fire, water or other acts of nature so as to render the Premises unfit for the purpose of the Tenant the rent hereby reserved or a proportionate part according to the nature and extent of the damage sustained shall be suspended and abated until the Premises have been rebuilt or made fit for the purpose of the Tenant.
22.2 If in the opinion of the Lessee the premises cannot be rendered fit for the purpose of conducting the Lessee's business, within a period of two (2) months, the Lease shall be deemed terminated or at the option of the Landlord the term will come to an end and the Tenant shall cease to be held liable for payment for rent except such rent as shall have already accrued due and be entitle to be repaid any rent paid in advance for the balance of the period.
23 - Surrender of Premises
23.1 At the expiration of the lease term, the Tenant will quit and surrender the Premises in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and damages by the elements excepted.
24 - Hazardous Materials
24.1 The Tenant will not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire on the Premises or that might be considered hazardous by any responsible insurance company.
25 - Rules and Regulations
25.1 The Tenant will obey all rules and regulations posted by the Landlord regarding the use and care of the Building, parking lot and other common facilities that are provided for the use of the Tenant in and around the Building on the Premises.
26 - General Provisions
26.1 Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord's rights under this Lease in respect of any subsequent defaults, breaches or nonperformance and will not defeat or affect in any way the Landlord's rights in respect of any subsequent default or breach.
26.2 This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each party to this Lease. All covenants are to be construed as conditions of this Lease.
26.3 All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be Additional Rent and will be recovered by the Landlord as rental arrears.
26.4 Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other's acts, omissions and liabilities pursuant to this Lease.
IN WITNESS WHEREOF the Parties to this Lease have duly affixed their signatures under hand and seal, or by a duly authorized officer under seal, on this Day day of Month, Year.