2006-03-27_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaireCity of S
Common Co
Monday, Mi
Common Cot
int John
ncil Meeting
ch 27, 2006
icil Chamber
Supplemental Agenda
1.1(a) (Committee of the Whole) Aqu<
3.1 Saint John Harbour Clean -up
9.3 Additional input to 336 Westmorl,,
13.3 Committee of the Whole Report
13.4 City Market Lease of Space Stal
Centre — YM -YWCA 10.2(4)(d)
ind Rd
� Nominating Committee
C
City of Sa nt John
Seance du con eil communal
Le lundi 27 nars 2006
Salle du consi it communal
L'ordre du jour 4upplementaire
1.1(a) comite plenier - Aquatic Centre — YM- CA 10.2(4)(d)
3.1 Travaux de nettoyage du port
9.3 Information supplementaire - 336 Westm Hand Rd.
13.3 Rapport du comite plenier - comite des candidatures
13.4 Location d'espace 'C' au marche municipal
3 1
Common Council Resolution — aint John Harbour Clean -up
March 27, 2006
Submitted by Mayo Norm McFarlane
Whereas Common Council has establish d Harbour Clean Up as the City's
Priority as far back as 1993, and;
Whereas the City of Saint John is nearing completion of the detailed design work for
major components of this Harbour Clean Up Progr am, and;
Whereas on Friday, March 24, 2006, Prir ie Minister Stephen Harper and Premier
Lord visited our community and confirmed their su port to a joint funding agreement not to
ten years, and;
One
Whereas previous discussions related to Ihis project, estimated to be in excess of 1,88
Million, were based on a 50 %, 25% and 25% cost sharing formula between the Federal, Provincial
and Municipal Governments respectively, and;
RESOLVED That the City of Saint John A rite to both the Premier and Prime Ministe
thanking them for personally and publicly reiterating their Governments' commitment to Sain John
Harbour Cleanup, and;
That the Prime Minister and Premier be n
City Manager in an effort to finalize the necessary
to date so as to allow for the initial tender calls to I
quested to direct their officials to contact t le
agreement, consistent with the discussion held
e issued this spring.
i�
March 27, 2006
To: Mayor and Council
Re
Continuation of the Homle Depot Development
I would like to express my opinion re arding the continuation of the HC me
Depot Development by stressing the mplementation of this project as soon
as possible. Not only because of it's positive implications to the tax base in
our city but also as a positive sign fo augmenting the profitability oft the
businesses around our area, which directly influences the employment
element in any organization small or arge.
I hope council could help us achieve growth in business by accepting he
continuation of this development.
Sincerely,
Eli
Elie Elmajian
President
SOMERSET IN V ESTM -ENTS LT
BUS: (506) 632 -0022 550 SOMERSET STREET F.
P.O BOX 5
3 SAINT OHN, N.B.
E2 3X 1
P,
March 27, 2006
City of Saint John
P.O. Box 1971
Saint John, NB
E21- 41-1
ATTN• Mayor and Council
As a tax payer, business owner, and de
continue to support development in the
through future development is the only
)er of Somerset Technology P4
of Saint John. Growing the tax
ion to our city's budget problerr
When a private developer is willing to inv st millions of dollars in €1 del
our city; I believe we should do everythin we can to make certain the
goes ahead and that we do not lose the t x revenue to another area.
Somerset Investments Ltd. supports Hoi
as well as the jobs and business growth
this development in our community.
Sincerely,
SOMERSET INVESTMENTS LTD.
Bruce J. Dowd
Management proposed
irtunities that could be c
(505) 633.0251
we
in
by
Saint John
Construction Associatio Inc.
Phone: (5116 634-1747
Fax (506 655 -0651
EmaikdcaCa7 bnet nb.ca
253 GERMAIN STREET _ • SAINT JOHN • NEW BRUNSWICK • 21. 207
March 27, 2006
Mayor and Common Council
City of Saint John
P.O. Box 1971
Saint John, New Brunswick
Your Worship and Council.
The Saint John Construction. Association,
economic development projects such as the s
wishes to advi.sc Council of its support
:mentioned proposal.
As we understand it, the scope of the project clucompasses a 53 acre area of Commercial
development including anew four lane road frorn Westmorland Road to Rothcsay A.vcnue
address traffic flow.
The project itself is privately financed and wi] I airing several economic bene8ta to the Ci .
Over the duration, of the project, it will provide approximately five hundred ( 500 ) construe .o
opportunities and could provide :several hundred ermanent full time and part time jobs in th
commercial sector.
The development will serve to increase the ctl
Saint John. The proposed roadway, as part of the
incoming and outgoing users.
Trusting this will be beneficial to your
Yours Truly,
Stephen Beattesy
Director of Labour ReTations
Saint John Construction Association, ,Inc.
r . Adams, Horizon ManagCment
�C AFFIIIATC4 WITH CONSTF
l /pM X95 AFRIUATED WrrH CANADIAN
Fbundgd 1056
.1 tax base and. revenues to the Cary
will help a] leviate traffic concerns
on the topic.
ASSOCIATION OF NEW 6RUNi5WI01(
ILICTION ASSOCIATION, OTTAWA, ONT.
03- 26 -'06 19:52 FROM -F5C Flooring & Con
1190 Fairville
New Brunswi
Tel: (506) 635 -3064 Fax (506)
FAX
DATE: 3 -25 -06
15066350510 T -069 P401/003 F -695
•.�
Aevard, Saint John,
Canada, E2M 5T7
5-0510 Email: ,jprocca @nbnet.nb.ca
SHEET
FAX TO: Terrence Totten; Mayor & Counc it FAX NO 658 -2802
FAX FROM: John Rocca
The number of pages in this transmission is 3 including the cover sheet. If all pages are
not received please contact John 63 5-3 0 Q.
Terry
Enclosed is a self explanatory le ter we have sent Jim Baird.
Would you please be so kind as o have a copy distributed to the
Mayor and Council or let me know to whom we should address it
to ensure the Mayor and Counci receive it before they vote on the
item.
Regards
John
03- 26 -`06 19;52 FROM -FSC Flooring & Con
Cile't'daled
15066350510 T -069 P002 /003 F -695
1190 Fairville Blvd P.O. Box 3188, Stn, B
Saint John, New Bru swi.k. Canada E2M 4X8
Tel: (506) 636-8820 • Fax: (506) 6 5 -0510 • Email: jprocca @nbnet.nb.ca
Via Fax only 632 -6141
March 25, 2006
Mr. Jim Baird
Commissioner
Planning & Development
The City of Saint John
10'h Floor, City Ball
15 market Square
Saint John N.B., E2L 4L1
Dear Mr. Baird,
RE: Proposed Rezoning o Horizon Management Lands —
Westmorland Road
In the March 23, 2006 edition of the Tel
said:
"It's been six years we've been v
have not gone there. And they
retailer's perspective, it's behi►
That's not where they want to
What they want is to be on top
of the other box stores, their a
The huge tract of available la:
best suited for wholesaler, he
auto parts seller that
We don't know if you were accurately qu
that you, Common Council and the gener
conclusion that the Horizon Management
attractive to retailers and that if their appl
will bypass Saint John and the City will
including the property taxes they pay.
we want to assure you, Common Council
conclusion is wrong. Where are a numbe
attractive to very large retailers
Rothesay Avenue, the lands on i
Journal you are alleged to
ling, and the retailers
n't go there. From a
the shopping center.
the plateau, within site
a competition, says Mr. Baird.
behind McAllister Place wou.14 be
tys, such as the Car Quest
opened in the area."
:)ted, but if you were, we are cone
d public may draw the erroneous
lands are the only lands in that aj
cation is rejected, retailers like C
ose the benefits of having them,
and the general public that such a
of other sites in the area that are
the large tract, of Irving owned I
Drive. If these and other sites we
m
03- 26 -'06 19:53 FROM -FSC Flooring & Con 1 15066350510 T -069 P003/003 F -695
properly marketed and supported by the
as the Horizon Development site will attar
So, we strongly disagree with the conclu.
Commerce drive. Retailers do want to to(
actively negotiating with retailers larger i
expressed a serious interest in taking an
We would be happy to meet with you an
return on the significant investment it ha,
Drive and the significant investment it's
Road to make Commerce Drive the gatev
But we also want to ensure that the Hori2
on its own merits. It should not be rejecte
attractive locations in the area for large z
be approved out of fear that the City will
taxes they pay.
Yours truly.
Ltd.
Cc Mayor and Council
Terrence Totten
.y, they would attract retailers
t them.
n that retailers do not want to
:e there. We know because we
3 smaller than Rome Depot ti
depth look at that area.
I discuss how the City can maxim
made in the servicing of Cornmer
tbout to make to upgrade Lock Lo;
►ay to the area's shopping district.
c)n Development application is cox
d simply because there are other
id small retailers any more than it
lose high profile retailers and the l
2
much
on
the
3�
a
7:1
C�
2a
cd
5
v
ec
�--1
Fn--I
I--1
F---1
.O
0
c�
V\
"-mo
03
I
V 0
O • CCs
Im
OD
m
m
ca
r--1
03
"C$
Ct
C
os
V
b
d'
1e
w.00
*IMS,
,4 � ��
.,,,104
0
Ri; Cr
a
"O�tb,. red•
�a
49
Cd
O (�
O
O
C)
V 4"a,
rA-
y
o�
�o
m
N
W
Q
'O ue,dw"4,
O
.�
W
O
O
O
5
O
U
O
Qb'
5
M
W
Q
H
.-0
Cd
O
Cd
V1
O
to
0)
J
cu
F-
M
W
Q
H
.-0
Cd
O
Cd
V1
O
46,
'bb
5
�a
a
M
�n
W
Q
O
a
w
U
w
w
H
a
w
A
w
U
W
O
U
�
. � .
.� .
Q /
CD
�LA
2 �
ƒ.
%
. �
(
-10,0#
± � 7
� � ■
! � ƒ
. P&
�¥ /
�
( �
J
{
7
¥�,$.
�
/
�
�
I
t;
r4oi
�
\ƒ
:
v l�'
. u
t
�
21
�
�
�
�
�
�
�
�
�
�
�
�
�
�
�
�
�
�
�
�
�
�
�
�
�
�
a
CID
a�
c
c
a
1¢
N
t�
is
'a
E
Y
h
� d
i
i
�a
. "J",QPV
c
R'? G
4�
J
IQ&A
OW pt
NA
I'D-1J
E
0
_4'
z
0
H
U
W
W
H
�
� k �$
� lim
�
co
o
� \\�
Ek
s:
%
%
�
%.
�
{
r 2� I
& y ;
«,
f�
�
�
�
4
��.
~k,Y)O#
Rip .fQ
A
+ *b
o
IDO DW.
�
±�
.�
vr-� »
2
&�
�
. �
�
�
�
:
k
�
�
�
. �
�
0
CA
�
�
�
�
�
�
�
�
�
.. �
�
M
M
rT�
Wn
H
a
Q
a
x
W
o
W
Q
O
W
w
v�
a
�
a
�
U
0.1
�.
W
Q
W
U
W
O
U
w
O
W
H
O
ai
w
Q
w
0
x
0
x
w
M
r•
n
i- -
f
� N
r •<�
a
N
W
Q
d
lot
L.
5
1 i•:
J wl_ L
Ll ill-
i- 4--J= ;
W
U
�
t
ra
I
-
�
W
U
Q
N
M
r•
n
i- -
f
� N
r •<�
a
N
W
Q
d
lot
L.
5
1 i•:
J wl_ L
Ll ill-
i- 4--J= ;
t
ra
I
-
M
r•
n
i- -
f
� N
r •<�
a
N
W
Q
d
lot
L.
5
1 i•:
J wl_ L
I-A 1
5�
7�
as
0
Cd
0
Cd
+5
A
z
0
co'
>
u
0
U
M
. .... ....
A
z
0
co'
>
u
0
U
M
U
soft
�O
0)
0
U O
�v
� O
N i
,Waft
CL i
r
� V
. ,
O
O
O
0
SIMON
U
i
t
U
i
as
MINOR
'21
mo
Som
4)
V
O
V
Law
O
4)
0)
2
MOONS
AW
tv
v
O
O
O
i
O
waft
O
0
L
O
O
4)
MV
ME
4)
ME
4w
.SEEM
c
to
AW
Los
O
Lam
Lam
vw
V
V
■ IMEN
Ism
.N
0
cc
L
.co
4)
13
U)
i
O
t
O
4w
MW
Lu
V
U)
nW
F�
F--1
U
a
0
a
a
a
a
U
W
F--1
1
W
z
0
N
W
w
H
O
H
W
t �
'3 S
.t v-1 lr
N
t
iA-
Ak
, ry ti Z7
Cr
A m
may` �.
fi
.0 C
w ea
qym ^ 7
Si C Q F x+ ro
1".�I "'�' "� C.. y+`•7� ^}CC, gyp X103
$ v t r
r t Fur ufia4u4 Y
'q"�� vF vi
8
n
•
r W
U
�z
U w
j Q
_p
1 ... 0
O C7 Cy
LO e3 CV
S ;4HEM NI N IlVA3 1�3
w
w
to '
o
g
o
O
F-
cn
o'
w
a
o
w
0
z
0
U
w
i
7i
z
0
z
a
G]
o
0
w
z
{�
z
Q
H
z
w
w
w
w
z
LL
o
w
w
{a
(D
�
z
IL
G�
jr
w
Z
LL
D
Y
zi
0
w
:5
w
Q
cz.
�
Ov
J
1 ... 0
O C7 Cy
LO e3 CV
S ;4HEM NI N IlVA3 1�3
BOO
d6SA) mod
SIM :K) Wl
I
LL
pw
Km
i1Nri
117AIT
ta
ra
4
1t
I
74�3 S
10.2(4)(b)
March 23, 2006
Deputy Mayor Michelle
Members of Common C
Members of Council,
Re: Nominating t
The Nominating t
recommendations:
That C. Swanton be
of three years ending
That Councillor S. Cha
term of one year ending
That Mayor N. McFar
Industrial Parks on a
March 27, 2007.
Rer Ily y submitted,
Mayor Norm McFarlan4
Chairman
Grand Bay -W
9
".NT JOHN
The City of saint John
P.O. Box /C.P. 1971
Saint John, NB /N. -B.
Canada E21- 41-1
www.saintjohn.ca
on and
1
I
Recomme datio *s
having me on March 23, 2006 makes the foll wing
ppointed to the 3aint John Development Corp. for a term
rch 27, 2009.
e be appointed o the of U town Saint John for a
pp l3oard P
kpri12007.
ane and Counc llor Gi Tait be appointed to Saint ohn
interim basis or a term not to exceed one year a ding
More our past/
r your future I
• Quispamsis
iotre pass06
votre avenir
• St. Martins • Saint John
REPORT TO CO
M & C — 2006 -44
February 23, 2006
His Worship Mayor Norrr McFarlane
Members of Common Council
Your Worship and Councillors:
SUBJECT: Lease of S ace
Stall No. - The City
BACKGROUND:
Vera Bochar has been op rating a store
Market since October 20 ( 1. The space
Venture's under the operating name of
In the course of negotiati
g with Ms. Bo
obvious the tenant had too
much overhe,
at best. The tenant's current
sales could i
operating costs. David Drummond
and n
scenarios and options, fin
lly agreeing tl
necessary to ensure long term
viability fi
conversely was looking to
secure additic
MON COUNCIL
vn as the Baking Stone in the City
brm rly operated by Hunter
's C untry Kitchen.
ar ov r the past year, it had become
and h�r financial situation was tenuc
t justi y the existing space and relates
Boc ar worked through the various
a downsized operation would be
n the tenant's perspective. The landl
d stall) space to meet customer demar
The tenant's arrears had reached $14,000 00 by he time lease negotiations start
in earnest. The City asked Ms. Bochar to stabli h an electronic banking set up,
which she agreed to so as to ensure paym nts of rent would be timely. The
automatic withdrawals were NSF for 5 o the not 7 months. Hence the tenant'
arrears are approximately $24,000.00 tod y.
The lease negotiations ai:
space right -sized so as to
sales and to help the tena
landlord.. The new rent s
year term would still lea`
d to accompl
sure it's over
deal with it's
Ms. Bochar
a couple of items; to get the tenant':
rd would be more in line with the
tstan�ding arrears obligations to the
with, the arrears repayment over the
i a rent obligation which is
City of Saint John
Report to Common Council
John enter i
Page 2
February 23, 2006
City Market with Vera
1
significantly lower than t h
current situati
c
n. The model for rolling
g arrears into a
rent stream did not anticipate
arrears reach
ng $24,000; it was based on arrears of
$14,000. Mrs. Bochar recently
provided th
City with a certified cheque in the
amount of $10,000 to redu
e the arrears to
the on inally discussed amount.
The attached Lease is high
iighted by a redi
iced area of 400 s£, a term of 5 years
with rents that range from
21.00 psf to $29.00psfand
a repayment of arrears in
the order of $7.00 psf forte
entire term. A,
3 month rent free period is offered in
the lease to offset costs to
e incurred by the
tenant to remerchandising the newly
demised space. The landlo
d for its part is
emisi g the new space and relocating
services to accommodate t
e tenant. The r
maind r of the Lease is standard.
The purpose of this report is to seek Coularket.
il's concurrence to enter into a lease
with Vera Bochar for Stall C in the City
i
RECOMMENDATION:
1. That The City of S int John accept the suit render of Lease for Stall "B"
from the Lessee, Vera Bochar, and
2. that The City of Saint
John enter i
to a lease
of space for Stall "C" in Th(
City Market with Vera
Bochar upon
the terms
and conditions as set out ii
the Draft Lease attached
hereto; and
3. that the City initiate
a change to "
he By
aw Relating to the Market in
The City of Saint John"
by amending
sect�on
5(2) by adding following
5(2)(g), Section 5(
) (h) "Stall C"
and
4. further that the Mayor and (
once finalized, or any other
3ectfully submitted,
R. Baird, MCIP
"TRIED
Terrence Totten, F.C.A.
City Manager
be authorized to sign the Leas ,
ired to finalize this transactiorl.
BY -LAW NUMBER
A BY -LAW RELATING TO THEMARKET IN
THE CITY OF SAINT JOHN
Be it enacted by the Common C uncil of the
City of Saint John as follows:
A By -law of The City of Saint Jon entitled "A
By -law Relating to the Market In The City of Saint
John ", enacted on the 18th day of May, A.D. 2005 is
hereby amended as follows:
1 Amending Section 5(2) by adding
immediately after subsection 5(2)(g):
(h) Stall C
IN WITNESS WHEREOF the City of S
caused the Common Corporate Seal of th
be affixed to this by -law the
A.D. 2006 and signed by.
Mayor
Commot
First Reading
Second Reading
Third Reading
the following I
1
tint John has
said City to
day of
ARRETE NUMERO
A ETE CONCERNANT LE MAI
THE CITY OF SAINT JOH
l e conseil communal de The Cit}
re:
'arretd concernant le march6 d
t Jon ddcrdtd le 18 mai 2005, est t
modification du p,
de ce qui suit immddi
(h) Kiosque C
DE QUOI The City of Saint Jol
eau communal sur le pr&
2006, avec
� lecture =
e lecture
he lecture -
DE
of Saint John
The City of
difi6 comme
ie 5(2) par
t apres Palinda
i a fait apposer
;nt arretd le
les signatures
1.01 Definitions
In this lease:
a) "Additi
Lessor
LEASE FORS ALL S ACE
CITY MJkRKET
I
BOCHAR/T1tE BAKING STONE
Rent" means all and +y monies required to be paid by the Lessee to the
x or pursuant to the terns of this L ase, save only for Gross Rent;
b) "Architect' shall mean the archite t from time to time named by the Lessor or at the
option of the Lessor, the Lessor's general contractor. Any certificate provided by the
Architect d called for by the to of thi Lease shall be final and binding on the
parties hereto;
c) "Commencement Date" means a ate determined in accordance with the provisions of
Section 2. 3;
d) "Common Areas" means those ar
installatior s in the City Market wh
the Lessor to be leased to tenants
improvements, equipment and insl
Market whether or not located in
designated from time to time by
limiting the generality of the fore
entrances and exits thereto and all
driveways truckways, delivery p:
interior structural elements and
comprising the City Market, pa
pedestrian stairways, ramps, electi
service and janitor rooms and gz
systems, columns, pipes, electric
provision of heating, ventilating o
Common Areas and all other in
related thereto as well as the struc
all open and enclosed malls, cc
corridors, furniture, first aid and
nurseries, childcare play areas a
elevators, ublic washrooms, musi
e) "C.P.I." ans the Consumer Pri
in substift tion for the Consumer
designatec by the Lessor, if it is
by any si Lccessor thereof or ar
agency);
is, faciliti s, utilities, improvements, equipment and
h from tir ie to time are not designated or intended by
'the City Market, and those areas, facilities, utilities,
lations w iich serve or are for the benefit of the City
adjacent o or near the City Market and which are
to Lessor as part of the Common Areas. Without
aing, Co on Areas includes all parking areas, all
tructural elements thereof, access roads, truck courts,
sages, the roof, exterior weather walls, exterior and
)earing walls in the building and improvements
kage pick--up stations, loading and related areas,
al, telephone, meter, valve, mechanical, mail storage
eries, fire preventions, security and communication
1, plumbing, drainage, any central system for the
ur conditioning to leaseable premises or any enclosed
allations, equipment or services located therein or
res housing installations, including but not limited to
its and arcades, public seating and service areas,
r information stations, auditoria, conference rooms,
d related kitchen and storage facilities, escalators,
systems and any atrium seating/food court;
Index (Al Items) for Canada (or any index published
ice Index or any other replacement index reasonably
longer published) published by Statistics Canada (or
other governmental agency, including a provincial
f) "Atrium ating/Food Court" mea is those portions of the Common Areas designated by
the Lessor from time to time for use in support of the operations of any group of premises
providing quick food service to ustomers of the City Market and includes, without
limiting the generality of the foregoing, pub is table and seating areas, waste collection
facilities and other areas, facilities ind equipt ient intended for such use;
g) "Gross R
ceipts" means the tot;
conducte
upon or from the Lease
for cash,
heques, credit, charge
not be lin
ited to, amounts receive
the aniou
it of all orders taken of
they are f
lied, whether such sales
or by an
vending device. Intei
included,
d bank or collection
will not b
deducted. A credit or
price in
month in which it take
I of all gross sales and receipts from all business
l
Premises, whether or not by the Lessee, and whether
;count, a hange or otherwise, and shall include, but
i or receiN able from the sale of goods or services and
received at the Leased Premises regardless of where
be made a a sales desk or counter, over the telephone
;st, instalment ' finance charges and deposits will be
gency ch ges and uncollectible amount or bad debts
nstalment sale will be considered as a sale for the full
place. i oss Receipts shall not include:
Lease for Stall Sp ace — City
Vera Bochar/TI Le Baking
Schedule "C"
-Pa e2-
i. sales for which the custot ter has re
sale was included in Gross Receipts;
ii. sales of merchandise in exchange
extent the original sale f the retu
Receipts;
iii. H ST and any other sales, e, excise
collected from customers t the point
added to the selling price and shoes
paid by the Lessee to such governme
iv. d ( livery charges;
a refund, provided that the original
returned merchandise, but only to the
d merchandise was included in Gross
or gross receipts tax directly on sales and
A sale, provided that the amount thereof is
i and/or collected as a separate item, and
tal authority;
v. trwisfers of merchandise tween sto�es of the Lessee or returned to suppliers of
the Lessee, but only if su transfer r return is not for the purpose of reducing
Gross Receipts.
h) "HST" means harmonized sales taxes, valr
transfer taxes or other similar taxe however
thereof,
i) "Hazardous Substances" means any coi
potentially dangerous substance, r oxious
flammable explosive or radioac ive ma
asbestos, CB's or any other subs ances o;
hazardous, toxic, contaminants or pollutar
provincial or municipal statute, by- aw or re
j) "Lessor" includes the Lessor and it success
k) "Lease" means this indenture of It ase and
shall also include any agreements entered
indenture fiorn time to time;
l) "Leased P emises" means the pre ises lea-
in Section 2.01 hereof. Save as m (ntioned
shall extend from the top surface of the sti
structural ceiling. If the Leased Premises h;
rather are open to the ceiling of d e City N
Premises extend from the tops ace of
demising walls;
led taxes, multi-stage taxes, business
are characterized and any taxes in lieu
ninant, pollutant, dangerous substance,
stance, toxic substance, hazardous waste,
al, urea formaldehyde foam insulation,
aterials that are declared or defined to be
in or pursuant to any applicable federal,
and assigns;
udes any riders and schedules hereto and
i which have the effect of amending this
to the Lessee as referred to and described
)w, the boundaries of the Leased Premises
ural subfloor to the bottom surface of the
no ceiling abutting the demising walls, but
cet building, the boundaries of the Leased
structural subfloor to the height of the
m) "Lease Year" shall mean a periol of time, the first Lease Year commencing on the
Commenc went Date and ending c n the 313` clay of December in the calendar year of the
Commencement Date. Thereaftet Lease Years shall consist of consecutive periods of
twelve cal ndar months ending in each case on December 3151, save for the last Lease
Year of th Term which shall terrr inate upon the expiration or earlier termination of this
Lease, as t ie case may be;
n) "Gross R t" means the annual mss Rent ayable by the Lessee pursuant to Section
3.01;
o) "Operating Costs" means the tot it cost an expense incurred in owning, operating,
maintain' maintainir g, managing and adm' iistering t ie City Market and the Common Areas,
specifically including without li iting the generality of the foregoing, any capital or
place of ownership taxes levied aj ainst the lessor or any owners of the City Market on
account o their interest in the City Market, in an amount equitably allocated to the City
Market by the Lessor; gardening and landscaping charges; the cost and expenses of
taking out the insurance described in Section 9.03; cleaning, snow removal, garbage and
waste collection and disposal; ligl ting, electj 'city, public utilities, loud speakers, public
address an d musical broadcasting stems anc any telephone answering service used in or
serving d a City Market, and th cost of electricity and maintenance for any signs
designatec by the Lessor as part of the Con mon Areas; policing, security, supervision
and traffic control; salaries and be tefits of at supervisory and other personnel employed
in connec ion with the City Mar et and m agement office rent imputed to the City
Market b the Lessor, acting r asonably; Management Fee, the cost of providing
additional parking or other Co on Areas or the benefit of the City Market, whether
such costs be Taxes or other type iDf costs; toe costs and expenses of environmental site
reviews d investigations, removal and/or lean -up of Hazardous Substances from the
Common Areas; the cost of the rental of any equipment and signs and the costs of
Lease for Stall Sp ce — City Market
Vera Bochar/TIr e Baking Stone
Schedule "C"
I
-Pa 3-
supplies us d in the maintenance d operation of the City Market and the Common
Areas; accounting and audit fees in urred in the preparation of the statements required to
be prepared. and supplied by the LeE sor under the terms of this Lease; hearing, ventilating
and air conditioning of the Common Areas; all repairs and replacements to and
maintenance and operation of the I 'ity Mark and the Common Areas; depreciation or
amortization of the costs, includi g repair and replacement, of all maintenance and
cleaning equipment, master utility i Leters, and all other fixtures, equipment, and facilities
serving or comprising the City Mar et or the Common Areas; which are not charged fully
in the Lease Year in which they at incurred, from the earlier of the date when the cost
was incurred or the Commencemet Date, at rates on the various items determined from
time to time by the Lessor in accor ce with ound accounting principles;
p) "Proportionate Share" means a fraction, the niumerator of which is the Rentable Area of
the Leased Premises and the denominator o which is the Rentable Area of the City
Market;
q) "Rent" me ns all Gross Rent and Additional nt payable pursuant to the terms of this
Lease;
r) "Rentable krea of the Leased Prer iises" me s the area expressed in square feet of all
floors of tht Leased Premises measured from:
i. Ch.- exterior face of all exterior walls, doors and windows;
ii. th exterior face of all interior walls, doors and windows separating the Leased
Pi emises from Common A reas; if any; and
iii. th centre line of all ' terior walls separating the Leased Premises from
ac joining leasable premise .
The Renta le Area of the Leased Premises 'ncludes all interior space whether or not
occupied t y projections, structure or columns, structural or non - structural, and if the
store front is recessed from the le use line, the area of such recess for all purposes lies
within the Zentable Area of the Le sed Premises.
s) "Rentable Axea of the City Market means the area in square feet of all rentable premises
in the City Market set aside for le sing by Lessor from time to time, except for any
occupancy as designated by the Lessor for which there is no Gross Rent payable.
Provided however that the Less shall credit to Operating Costs any contributions
received in respect of such Oper ting Costs from the occupants of any of the areas
excluded from the Rentable Area if the City Market in accordance with this definition.
Provided falher that in determinin the fraction that is the Lessee's Proportionate Share,
if the Lea d Premises consists of ny of the oregoing excluded categories, the Rentable
Area of th t category will be inclu ed in the ]Rentable Area of the City Market;
t) "Rules and Regulations" means th ( rules and regulations adopted and promulgated by the
Lessor from time to time acting reo sonably, including those listed on Schedule "D ";
u) "City Mar cet" means the lands at d premise known by the civic address 47 Charlotte
Street, Sa' it John, New Brunswick, as such lands and premises may be altered, expanded
or reduce from time to time and the buildings, improvements, equipment and facilities
erected thereon or situate from time to time rein;
v) "Taxes" rr eans all duties, real pro.3erty taxes, charges, assessments and payments, from
time to tin Le levied, assessed or im osed upon the City Market or any part thereof or upon
the Lessor by reason of its owners rip of the City Market, by any taxing authority. Taxes
shall also include any penalties, late payment or interest charges imposed by any
municipality or other taxing authority as a result of the Lessee's late payments of any
taxes or irstalments thereof. For 1 reater certainty "Taxes" shall exclude any penalties or
interest incurred by the Lessor as i result of its failure to pay Taxes in a timely manner,
except T es shall include any int rest in res ect of a deferral of payment in accordance
with souni accounting practices it permitted by statute or pursuant to an agreement with
the taxing authority; and (ii) incorr e, profit or excess profits taxes of the Lessor;
w) "Lessee" ineans the party named Lessee in this Lease; and
x) "Term " mans the period referred o in Section 2.03.
Lease for Stall Sp ice — City Market
Vera Bochar/Tl a Baking Stone
In the event the Leased Premises is re- i4easured the Lessee shall pay all rents based on a
maximum square footage of T (400 ft2).
2.02 Use of Common Areas
The use and occupation by the Lessee ofthi Leased Premises shall entitle the Lessee to the use in
common with all others entitled thereto of the Gommon Areas, subject however, to the terms and
conditions of this Lease and to reasonable rules and egulations for the use thereof as prescribed from time
to time by the Landlord.
2.03 Term of Lease
TO HAVE AND T D HOLD the Leased Pri mises for md during the term of Five (5) years to be
computed March 1, 2006 and fully to be completed and ended on February 28, 2011 save as hereinafter
provided for earlier terminal on.
PROVIDED THAI' if there is any Lessor'E Work or essee's Work to be performed prior to the
Lessee opening for business in the Leased Premises r the Leas d Premises are occupied by a third party as
of the date of this Lease, the Commencement Date st all be the earlier o£
a) forty-five (45) days after the Lcssor has delivered vacant possession of the Leased
Premises the Lessee notwithstai iding that he Lessor may still, during such forty-five
(45) day p riod, be completing its ork; or
b) the opening by the Lessee to the pi blic of its business in the Leased Premises.
Notwithstanding y change in the Commencement Date calculated in accordance with the
preceding provisions here. the Terms shall expire n the dal set for such expiry in the first paragraph of
this Section 2.03, subject al ays to earlier terminatic n as provided for in this Lease.
PROVIDED THA upon the Lessor or it!
Premises are available for he commencement of
possession of the Leased P emises and shall occul
inventory, at its own risk, for a period of ** ( * *) da
for business to the public in the Leased Premises, f
save for the obligation of die Lessee to pay for all
Leased Premises dureng th period of such fixturin
notice until the Commence em Date be a tenant in
agreements as are contained in this Lease, mutatis n
FURTHER PROV ED THAT NOTWIT
the Lessor is unable to deliver vacant possession
including but not limited to the holding over or retc
the lack of completion of any repairs, improveme
Lessee's occupancy of the Leased Premises, thei
extended to correspond with the period of delay at
diminution of Rent (excep that Rent shall not co.
Premises is given by the Lessor to the Lessee) nor
obligations hereunder be al fected. However, if the
Premises to the Lessee wit six (6) months of th
terminate this Lease by wri ten notice to the Lessee
of no effect whatsoever. Aiy deposit paid by the L
deduction, and neither part shall have any further I
Architect giving notice to the Lessee that the Leased
e Lessee's Work, the Lessee shall immediately take
same fo the purpose of fixturing and installeng its
s after receipt of such notice or until the Lessee opens
,e of the payment of Gross Rent, and Additional Rent
itility charges used by the Lessee or consumed in the
, and shall during the period from the giving of such
he Leased Premises subject to the same covenants and
STANDING ANYTHING TO THE CONTRARY, if
the Leased Premises to the Lessee for any reason,
tion of possession of any other lessee or occupant, or
s or alterations required to be completed before the
the time for commencement of the Term shall be
the Lessee shall not be entitled to any abatement or
mence to be payable until possession of the Leased
all the va Lidity of this Lease or the parties' respective
-essor dos not give vacant possession of the Leased
date of tt is Lease, then the Lessor may, at is option,
nd in sue] event this Lease shall be null and void and
;see to die Lessor shall be returned without interest or
bilitv to tie other.
Schedule
"C"
- Paj
e4-
ARTI
LE II
GRANT, TERA
I AND IN
ENT
2.01 Leased Premises
(a) In consideratior
of the rents, covenants
nd agreen
lents hereinafter reserved and contained on
the part of the Les
a to be paid, observed
and performed,
the Lessor demises and leases to the
Lessee and the Lessee
leases from the Lessor,
the Leased
Premises. The Leased Premises are
presently designated
as Stall C in the City 1v
arket in th
City of Saint John, in the County of Saint
John and province
of New Brunswick, and
are shown
outlined in red on Schedule "A" attached
hereto. Stall C contains
a Rentable Area
f approximately
Feet (400 112).
In the event the Leased Premises is re- i4easured the Lessee shall pay all rents based on a
maximum square footage of T (400 ft2).
2.02 Use of Common Areas
The use and occupation by the Lessee ofthi Leased Premises shall entitle the Lessee to the use in
common with all others entitled thereto of the Gommon Areas, subject however, to the terms and
conditions of this Lease and to reasonable rules and egulations for the use thereof as prescribed from time
to time by the Landlord.
2.03 Term of Lease
TO HAVE AND T D HOLD the Leased Pri mises for md during the term of Five (5) years to be
computed March 1, 2006 and fully to be completed and ended on February 28, 2011 save as hereinafter
provided for earlier terminal on.
PROVIDED THAI' if there is any Lessor'E Work or essee's Work to be performed prior to the
Lessee opening for business in the Leased Premises r the Leas d Premises are occupied by a third party as
of the date of this Lease, the Commencement Date st all be the earlier o£
a) forty-five (45) days after the Lcssor has delivered vacant possession of the Leased
Premises the Lessee notwithstai iding that he Lessor may still, during such forty-five
(45) day p riod, be completing its ork; or
b) the opening by the Lessee to the pi blic of its business in the Leased Premises.
Notwithstanding y change in the Commencement Date calculated in accordance with the
preceding provisions here. the Terms shall expire n the dal set for such expiry in the first paragraph of
this Section 2.03, subject al ays to earlier terminatic n as provided for in this Lease.
PROVIDED THA upon the Lessor or it!
Premises are available for he commencement of
possession of the Leased P emises and shall occul
inventory, at its own risk, for a period of ** ( * *) da
for business to the public in the Leased Premises, f
save for the obligation of die Lessee to pay for all
Leased Premises dureng th period of such fixturin
notice until the Commence em Date be a tenant in
agreements as are contained in this Lease, mutatis n
FURTHER PROV ED THAT NOTWIT
the Lessor is unable to deliver vacant possession
including but not limited to the holding over or retc
the lack of completion of any repairs, improveme
Lessee's occupancy of the Leased Premises, thei
extended to correspond with the period of delay at
diminution of Rent (excep that Rent shall not co.
Premises is given by the Lessor to the Lessee) nor
obligations hereunder be al fected. However, if the
Premises to the Lessee wit six (6) months of th
terminate this Lease by wri ten notice to the Lessee
of no effect whatsoever. Aiy deposit paid by the L
deduction, and neither part shall have any further I
Architect giving notice to the Lessee that the Leased
e Lessee's Work, the Lessee shall immediately take
same fo the purpose of fixturing and installeng its
s after receipt of such notice or until the Lessee opens
,e of the payment of Gross Rent, and Additional Rent
itility charges used by the Lessee or consumed in the
, and shall during the period from the giving of such
he Leased Premises subject to the same covenants and
STANDING ANYTHING TO THE CONTRARY, if
the Leased Premises to the Lessee for any reason,
tion of possession of any other lessee or occupant, or
s or alterations required to be completed before the
the time for commencement of the Term shall be
the Lessee shall not be entitled to any abatement or
mence to be payable until possession of the Leased
all the va Lidity of this Lease or the parties' respective
-essor dos not give vacant possession of the Leased
date of tt is Lease, then the Lessor may, at is option,
nd in sue] event this Lease shall be null and void and
;see to die Lessor shall be returned without interest or
bilitv to tie other.
Forthwith, upon the Conan
shall execute an acknowled
The Lessee shall I
end of the rent -free peril
thereafter all payments of
otherwise specified herein.
2.04 Option to Renew
The Lessee shall l
the then prevailing market
than six (6) months prior tc
3.01 Gross Rent
The Lessee shall
per square foot of Leased I
advance on the first day of
Year 1
Year 2
Year 3
Year 4
Year 5
3.01.1 Back Rent
In addition to the
Dollars ($7.00) per square
Lessee shall pay this am(
monthly in advance, accon
Every year durin
The Lessee shall
Dollars per square foot per
3.02 Reports by Lesse
Lease for Stall Sp ice — City Market
Vera Bochar/Tl a Baking Stone
Sched le "C"
I
Pale 5 - I
nt Date being det4rmined in accordance with the foregoing, the Lessee
of same on Lesso s usual fiat,
all Gross Rent and Ad itional R t calculated on a per diem basis, from the
to the last day of the onth in hich the Commencement Date occurs and
at shall be made on th first day f each month throughout the Term unless
,e the option to renew is Lease f r a further one (1) term of five (5) years at
to by providing written notice of i intention to renew to the Lessor no later
ie expiration of the Initi 1 Term.
III
RENT
y annual Gross Rent to
the averag
amount of Twenty-Five ($25.00) Dollars
;mises. The Gross Rent
shall be paid
in equal monthly instalments, monthly in
ich and every month. A
cording to
the following schedule:
$700.00 monthl
($21.00 per
square foot)
$766.60 monthl
($23.00 per
square foot)
$533.33 monthl
($25.00 per
square foot)
$900.00 monthl
($27.00 per
square foot)
$966.66 monthl
($29.00 per
square foot)
ross Rent, The Lessee hall pay t the Lessor an additional amount of Seven
of per annum plus HST in lieu of ack Rent for the duration of the term. The
it on the first day of each and very month in equal monthly instalments,
g to the following sche ule:
the term hereof - $233 33 monthly ($7.00 per square foot)
gn a Promissory Note n the amount of $14,000.00, the equivalent of Seven
mum for the term herec f as back rent.
a) The Lessee shall submit to the Le
calendar month during the Term
end of thc Term, at the place th
signed by the Lessee showing the
fractional month, if any) and the
such Leas Year;
b) On or bef are the 60`s day follown
Year of tile Term) the Lessee shz
and scope as the Lessor reasonat
during the preceding Lease Year,
the Lessee. The Lessee will m
reporting of Gross Receipts wit
consent sliall not be unreasonably
c) In addition to any other reports re
to the Lessor a statement of th
particular week in respect of whi,
acknowle ged that such weekl
promotions or other special activi
r on or before the 10h day following the end of each
i including the 10`s day of the month following the
fixed for the payment of Rent, a written statement
ount of Gross Receipts for the preceding month (and
count of Gross Receipts for all preceding months of
the end of each Lease Year (including the last Lease
submit to the Lessor a statement in such form, style
determines, showing the amount of Gross Receipts
hich statement shall be duly certified to be correct by
change its procedure relating to any aspect of its
,ut the prior written consent of the Lessor, which
red by is Section 3.02, the Lessee shall also supply
ipproxi ate amount of Gross Receipts during any
such a s atement is requested by the Lessor, it being
gtatemer t will be requested during weeks when
are beii ig carried on in the City Market.
Lease for Stall Sp ice — City Market
Vera Bochar/Tl a Baking Stone
Sched le "C"
- Paj e6-
3.03 Audit (Mandatory When rent calculation b sed on Lei see's sales)
At its option, the Lessor may cause, at any r asonable t me upon five (5) days' prior written notice
to the Lessee, a complete audit to be made of the Lessee's entire business affairs and records relating to the
Leased Premises for the per. od covered by any star( ment issued by the Lessee pursuant to Section 3.02.
Any information obtained b the Lessor as a result of such au ( it shall be held in strict confidence by the
Lessor.
3.04 Rent Past Due
If the Lessee fails t pay, when the same is due and p yable, any Gross Rent, Additional Rent or
other amount payable by the Lessee under this Lease such unp id amounts shall bear interest from the due
date thereof to the date of p yment, compounded in thly at tht rate equal to four (4) percentage points in
excess of the Prime Rate. I i
3.05 Deposit
The Lessor ackno ledges receipt of Zerc Dollars $00.00) which it will apply towards the
payment of Gross Rent for the first and last months o the Term except that the Lessor may apply all or part
of the amount retained for application towards the la t month's Gross Rent as compensation for any loss or
damage arising from the br ach by the Lessee of y provisions of this Lease. This right will not be
construed to limit the Lessor's other rights under this Lease or at law or to limit the amount recoverable by
the Lessor for damages in respect of breaches by the Lessee of this Lease. If the Lessor uses all or part of
the deposit for the last mon h's Gross Rent as prov ded above, the Lessee will, upon notification by the
Lessor, pay to the Lessor the amount required to reii nburse it for the amounts so applied. The Lessor will
not be required to pay interest to the Lessee on any o the amounts paid to the Lessor or retained by it under
this section. The Lessor may deliver the aforesaid c eposit to any purchaser of the Lessor's interest in the
City Market or any part thereof, whereupon the Lessor will immediately be discharged from any further
liability with respect to the deposit. The Lessee A ill not ass gn or encumber its interest in the deposit
except in connection with a permitted Transfer, in hich case the Lessee's interest in the deposit will be
deemed to have been assign d to the permitted Trans eree as of a date of the Transfer.
3.06 Pre - Authorized
The Lessee may articipate in a pre -at
authorized to debit the Lessee's bank account each
amount equal to the Gross Rent and Additional
generally any amount payable provisionally pursua
In the event the Lessee opts to participate in the pri
of application which is the same or similar to Schec
within five (5) days of presentation. In lieu of f
Lessor shall be entitled to require the Lessee to p
monthly postdated cheques for each such Lease YE
Rent payable on a monthl basis, and, if applical
provisions of this Lease on an estimated basis.
4.01 Taxes Payable by the Lessor
The Lessor shall 1
or any part thereof subje
Lessee. However, the Les
law, by -law, regulation or
fullest extent permitted by
4.02 Taxes Payable by
a) The
orized payment plan whereby the Lessor will be
onth frou time to time during each Lease Year in an
,nt payab e on a monthly basis, and, if applicable,
to the prc visions of this Lease on an estimated basis.
authorized payment plan, the Lessee shall sign a form
e "D- I ", o give full force and effect to the foregoing
pre -auth rized payment plan referred to above, the
>ent at the beginning of each Lease Year a series of
for the aggregate of the monthly payments of Gross
any am unt payable provisionally pursuant to the
FUA
y all Taxes which are le "ed, rated
always to the provisio is of this
r may defer payment o any such
•dinance in connection ith the It
w, so long as it diligently prosecui
charged or assessed against the City Market
Lease regarding payment of Taxes by the
Faxes or defer compliance with any statute,
ying of any such Taxes in each case to the
s any contest or appeal of any such Taxes.
shall during the Tertn pay, without any deduction, abatement or set -off
all Taxes levied, laid fr assessed on or against the Leased Premises;
b) In the cas of assessments for l0 1 improv ents or betterments which are assessed or
imposed uring the term and wh h may b law be payable in instalments, the Lessee
shall only be obligated to pay suc instahnen s as same fall due during the Term, together
with inter st on deferred payment
Lease for Stall S ace —City Market
Vera Bochar a Baking Stone
Sched le "C"
- Pake7-
c) In any suit or proceeding of any kind or nature arising or growing out of the failure of the
Lessee to keep any covenant cent fined in th is Article, the certificate or receipt of the
department, officer or bureau charl ed with cc llection of the Taxes, showing that the tax,
assessment or other charge affecting the Leased Premises is due and payable or has been
paid, shall be prima facia evidence that such tax, assessment or other charge was due and
payable as a lien or charge against i he Leased Premises or that it has been paid as such by
the Lessor
d) The Lessee, if allowed by the tax' authority shall have the right to contest or review by
legal proceedings or in such in er as the Lessee in its opinion shall deem advisable
(which prc ceedings or other steps I aken by the Lessee shall be conducted diligently at its
own expense and free of expense to the Lessor) any and all Taxes levied, assessed or
imposed u on or against the Lease Premises or Taxes in lieu thereof required to be paid
by the Les 3ee hereunder. No such ontest shell defer or suspend the Lessee's obligations
to pay the Taxes as herein provided pending the contest, but if by law it is necessary that
such pa ent be suspended to pre erve or perfect the Lessee's contest, then the contest
shall not a undertaken without tiere being first deposited with the Lessor a sum of
money equal to twice the amount f the Tax ,-s that are the subject of the contest, to be
held by the Lessor as an indemnity to pay sue Taxes upon conclusion of the contest and
all costs thereof that maybe impos d upon the Lessor or the Leased Premises. Any costs
associated with an appeal unde aken by the Lessor, the Lessee shall pay their
proportionate share of such costs;
e) The Lessee upon request of the L ssor will promptly exhibit to the Lessor all paid bills
for Taxes which bills after inspection by the ssor shall be returned to the Lessee.
4.03 HST Payable by Lessee
The Lessee shall pay to the Lessor all HST n Rent and any other HST imposed by the applicable
legislation on the Lessor or Lessee with respect to th s Lease, in the manner and at the times required by the
applicable legislation. Such. amounts are not consic eration for the rental of space or the provision by the
Lessor of any service under this Lease, but shall be feemed to be Rent and the Lessor shall have all of the
same remedies for and rights of recovery of such ar iounts as it has for recovery of Rent under this Lease.
If a deposit is forfeited to the Lessor, or an amount becomes payable to the Lessor due to a default or as
consideration for a modification of this Lease, and tl te applicable legislation deems a part of the deposit or
amount to include HST, the eposit or amount will be increased and the increase paid by the Lessee so that
the Lessor will receive the full amount of the forfeited deposit or other amount payable without
encroachment by any deemed HST portion.
4.04 Business Taxes and Other Taxes of Lessee
Ii
The Lessee shall pay to the lawful taxing a critics, � hen the same becomes due and payable:
a) all taxes, aces, duties, assessmeml i and othe charges that are levied, rated, charged or
assessed a ainst or in respect of al improve ents, equipment and facilities of the Lessee
on or in th e Leased Premises; and
b) every tax d license fee which is evied, rat d, charged or assessed against or in respect
of any business carried on in the eased Pre ises or in respect of the use or occupancy
thereof
whether in any case any suc taxes, rates, duties, a;
by any federal, provincial, municipal or other body.
5.01 Utilities
The Lessee shall p y all utilities directly t
that a Lessee leases cooler space with the Leased P
proportionate share of any utility consumed.
license fees are rated, charged or assessed
V
the utilityl company, on a metered basis. In the event
miser, the Lessee shall pay to the Lessor the Lessee's
I
Lease for Stall S ace — City Market
Vera Bochar a Baking Stone
Sche le "C"
-P e8-
ARTI LE VI
MERCHANTS ASSOCI TION
6.01 Merchants'
If and when an as ociation or corporation f merchants or lessees (the "Association") is formed
comprising tenants of the City Market, the Lessee A ill forthwith become a member of such Association or
if such an Association has already been formed, the Lessee shall forthwith become a member thereof and
the Lessee shall retain its membership in such Association during the entire Term and shall abide by all
rules, regulations, by -laws decisions, directions, dues and assessments of the Association. Such
Association shall in no way affect the rights of the essor and any by -laws, rules and regulations of such
Association shall at all times be subject to the prior proval of the Lessor.
6.02 Promotion Fund
The Lessee shall play to the Lessor an
twelve (12) monthly instalments each instalment
CONDUCT OF
7.01 Use of Leased
equal to 6% of annual Gross Rent to be paid in
on the 1' day of each month during the Term.
VII
TENANT
a) The Leased Premises shall be u ed continuously, actively and diligently for the sole
purpose o 7a bakery, where the following products and services may be sold: breads,
rolls, bagels, pastries, cakes, for s, cookies, cupcakes, pies, tea biscuits, cream puffs,
squares, liabetic bakery proilticts, jams, jellies, preserves, baking utensils, cook
books, hi rd and soft liquorice, plain anc I candied popcorn, candy and chocolate
related gi It packages, crackers a id bread c rumbs, oils and vinegars, herbs for bread
dips, lunch specialities, fresh baked focac Jas , onion/cheese topped baked desserts,
small selection of essential oils/ 'tchen so ps, cooking magazines, New Brunswick
products related to whole food v ellness w ich can be used for gift baskets as related
to main product lines and other elated products as approved by the Deputy Market
Clerk.
The Lessee will not use or permit or st ffer the us of the Leased Premises or any part thereof
for any other business or purpose. In connection with the business to be conducted by the
Lessee on the Leased Premises, the LA ssee shall only use the advertised name "The Baking
Stone" and will not change the advert sed name of the business to be operated in the Leased
Premises without the prior written con ent of the Lessor.
The Lessee shall not introduce new 3roduct li es, or offer new services to its customers
without fast obtaining the written consent of the Lessor. The Lessee acknowledges that it
would be reasonable for the Lessor to ithhold it consent if the introduction by the Lessee of
such product line or service would compete with the business of other tenants in the City
Market or infi7nge on exclusive covenants granted by the Lessor.
Unless otherwise specifically set out irt this Lease to the contrary, nothing contained in this
Lease shall: i) confer upon the Les see the exclusive right to sell or provide in the City
Market any o the products or services permitted to be sold or provided from the Leased
Premises purl ant to this Section 7.01; nor (ii) prevent the Lessor from leasing any other
premises in th City Market to any otl Let tenant(s) carrying on a business which is similar in
whole or in part to the business pertained to be carried on from the Leased Premises pursuant
to this Section 7.01.
b) The Lessee acknowledges that i continued occupancy of the Leased Premises and the
regular cc nduct of business there' i are of utr iost importance to neighbouring tenants and
to the Lessor in the renting of s ace in the City Market, the renewal of other leases
therein, the efficient and econorn c supply of services and utilities, and in the character
and quali y of other tenants in C.e City M ket. The Lessee therefore covenants and
agrees that throughout the Tem it will occupy the entire Leased Premises, comply
strictly with the provisions of I ection 7.01 and not vacate or abandon the Leased
Premises at any time during the Term. The Lessee acknowledges that the Lessor is
executing this Lease in reliance thereupon and that the same is a material element
inducing the Lessor to execute this Lease. The Lessee further agrees that if it vacates or
Lease for Stall S ace — City Market
Vera Bochar/T le Baking Stone
Sched ile "C"
-Pa e9-
abandons he Leased Premises or fails to so conduct its business therein, or uses or
permits or suffers the use of the U ased Premises for any purpose not specifically herein
authorized and allowed, the Lessee will be in breach of the Lessee's obligations under the
Lease, and then, without constituting a waiver of the Lessee's obligations or limiting the
Lessor's remedies under this Le e, all Rent reserved in this Lease will immediately
become due and payable to the Le or unless 4taranteed to the satisfaction of the Lessor.
The Lessor will have the right, wi hout prejudice to any other rights which it may have
under this Lease or at law, to obtaft an injunction requiring the Lessee to comply with the
provisions of this Section 7.01(b).
7.02 Conduct and Opei ation of Business
The Lessee shall occupy the Leased Prei aises frorr and after the Commencement Date and
thereafter shall conduct continuously and actively business set out in Section 7.01, in the whole of the
Leased Premises. In the conduct of the Lessee's busi iess pursu t to this Lease the Lessee shall:
a) operate its business with due dilig nce and e ftciency and maintain an adequate staff to
properly serve all customers; own, ' stall and keep in good order and condition free from
liens or rights of third parties, fixt ires and a ( uipment of first class quality; and carry at
all times stich stock of goods and i aerchandis,- of such size, character and quality as will
produce the maximum volume of sales from the Leased Premises consistent with good
business practices;
b) conduct it business in the Leased Premises during such hours and on such days as the
Lessor fro in time to time requires r permits and at no other time. However the Lessee is
not required or permitted to carry on its business during any period prohibited by any law
regulating the hours of business. I f the Lessee fails to open on the Commencement Date
or during the days and/or hours equired by the Lessor, then in addition to all other
amounts of Rent payable under Lease the Lessee shall pay as Additional Rent to the
Lessor upon demand as liquidated damages a id not as a penalty, an amount equal to two
hundred fifty dollars ($250.00) p r day for each and every day that the Lessee is in
default. When not open for business the security of the Leased Premises is the sole
responsibility of the Lessee;
c) keep displ iys of merchandise in thc display ' dows (if any) of the Leased Premises, and
keep the display windows and signs (if any) in the Leased Premises well -lit during the
hours the ssor designates from t' me to time acting reasonably;
d) stock in tl a Leased Premises only merchandise the Lessee intends to offer for retail sale
from the eased Premises, and not use any portion of the Leased Premises for office,
clerical oi other non - selling pu ses exce t minor parts reasonably required for the
Lessee's business in the Leased Pr mises;
e) abide by Ell rules and regulations and general policies formulated by the Lessor, acting
reasonably, from time to time relat ng to the delivery of goods to the Leased Premises;
f) not allow r cause to be committ any waste upon or damage to the Leased Premises or
any nuisance or other act or thing hich disturbs the quiet enjoyment of any other lessee
in the Ci Market or which unre onably disturbs or interferes with or annoys any third
party, or which may damage the C ty Market;
g) not allow r cause to be done any act in or about the Common Areas or the City Market
which in tie Lessor's opinion, act ng reasonably, hinders or interrupts the City Market's
flow of tr, ffic in any way, obstructs the free movement or parties doing business in the
City Mar t;
h) not allow nr cause business to be solicited it. any part of the City Market other than the
Leased Pr mises, nor display any merchandise outside the Leased Premises at any time
without e prior written consent o the Lessor;
i) use the name designated for the ity Market by the Lessor from time to time and all
insignia or other identifying nam s and m ks designated by the Lessor in connection
with the advertising of the busin conduct in the Leased Premises. Notwithstanding
the forego ' g the Lessee will not quire any rights in such names, marks or insignia and
upon the Lessor's request the Les a will abandon or assign to the Lessor any such rights
which the Lessee may acquire y operati n of law and will promptly execute any
documents required by the Lessor o give effgct to this subparagraph (i);
j) not install or allow in the Leased remises any transmitter device nor erect any aerial on
the roof of any building forming art of the (City Market or on any exterior walls of the
Lease for Stall Sp�ce — City Market
Vera Bochar/T a Baking Stone
«C„
-Pag 10-
Leased Pre rnises or in any of the C mmon Areas. Any such installation shall be subject
to removal by the Lessor without tice at an r time and such removal shall be done and
all damage as a result thereof shall a made good, in each case, at the cost of the Lessee,
payable as Uditional Rent on dem d;
k) not use any travelling or flashing lights signs or any loudspeakers, television,
phonograph, radio or other audiovisual or mechanical devices in a manner so that they
can be heard or seen outside of the Leased Preimises without the prior written consent of
the Lessor. If the Lessee uses any such equ pment without receiving the prior written
consent of the Lessor, the Lessor shall bee titled to remove such equipment without
notice at at y time and such remova shall bed one and all damage as a result thereof shall
be made g od, in each case, at th cost of e Lessee, payable as Additional Rent on
demand;
1) not install or allow in the Leased P emises any equipment which will exceed or overload
the capacit of any utility, electrica I or mecha iical facilities in the Leased Premises or of
which the essor has not approved If the Lessee requires additional utility, electrical or
mechanica facilities, the Lessor y in its sole discretion if they are available elect to
install them at the Lessee's expens ( and in accordance with plans and specifications to be
approved iii advance in writing by I ne Lessor;
m) not bring i tpon the Leased Premiss any machinery, equipment, article or thing that by
reason of its weight, size or use, r tight in the opinion of the Lessor, acting reasonably,
damage th Leased Premises or o erload the floors of the Leased Premises. Any such
machinery equipment, article or ding shall be subject to removal by the Lessor without
notice at any time and such removal shall be done and all damages as a result thereof
shall be made good, in each case, the cost of the Lessee, payable as Additional Rent on
demand;
n) observe and comply with all feceral, provincial or municipal laws pertaining to or
affecting the Leased Premises, the Lessee's use of the Leased Premises or the conduct of
any business in the Leased Premises, or the making of any repairs, replacements,
alterations additions, changes, sibstitutiorLs or improvements of or to the Leased
Premises, and the regulations of a ay insurance underwriters in respect of the insurance
maintained by the Lessor in respec of the City Market, and carry out all modifications to
the Leased Premises and the Le see's conduct of business or in use of the Leased
Premises which may be required 4 any such uthorities.
7.03 Prohibited Activities
a) The Lease acknowledges that it i only one f many tenants in the City Market and that
therefore le Lessee shall conduct its busbiess in the Leased Premises in a manner
consistent with the best interests ol the City Market as a whole;
b) The Lessc r shall have the right to cause the Lessee to discontinue and the Lessee shall
thereupon forthwith discontinue t ie sale of any item, merchandise, commodity or the
supply of any service or the carryi g on of any business, any of which is either prohibited
by this Section 7.03 or which the Lessor, acting reasonably, determines is not directly
related to ffie business set out in Section 7.01 The Lessee will not allow or cause the use
of any part of the Leased Premises for any of the following businesses or activities:
i. the sale of secondhand goods or s his articles, insurance salvage stock, fire
s ile stock or bankruptcy ock;
ii. a sale of goods, except as may b specifically permitted by the provisions of
Section 7.01;
iii. auction, bulk sale (o er than a bulk sale made to an assignee or sublessee
pursuant to a permitted ssignmen or subletting hereunder), liquidation sale,
"going out of business" o bankruptcy sale, or warehouse sale;
iv. any advertising or selli g procedures which would, or any sale or business
conduct or practice which would, because of the merchandising methods or
ualiTy of operation likel to be use in either case in the Lessor's opinion, tend
to lower the character of he City M ket or harm or tend to harm the business or
reputation of the Lessor r reflect unfavourably on the City Market, the Lessor
L r other tenants in the City Market or tend to confuse, deceive, mislead or be
udulent to the public; or
v. � mail order business orla department store, junior department store or variety
Lease for Stall S #ace — City Market
Vera Bochar/T a Baking Stone
:.C>,
M
7.04 Hazardous Substances
The Tenant covenants
and agrees to utili
the Leas
manner so that no part of the
Leased Premises or
urroundinj
refine, treat, transport, store,
handle, dispose of, tr
fer, pro(
except in strict compliance
with all applicable fe
ral, provi
regulations, including, without
limitation, environm
ntal, land
laws, regulations, requirements,
permits, statutes,
)y-laws an
covenants and agrees to ind
mnify and save harmle
s the Less,
responsible from any and
all loses, costs, claims,
damages,
contributed to by any Hazardous
Substances which
are at any
part of the Leased Premises.
The Lessee hereby a
ees that)
shall have the right at the Lessee's
expense, payable
as Additic
of an invoice therefor, to conduct
such environmental
site n
necessary for the purpose of
ensuring compliance wi
this Sect
to this Section 7.04 shall s
ive the expiration or a
Tier tenpin
VIH
d Premises and operate its business in a
lands are used to generate, manufacture,
ice or process any Hazardous Substance,
cial and municipal statutes, by -laws and
se and occupational and health and safety
regulations. Further the Lessee hereby
r and those for whom the Lessor is in law
iabilities, expenses or injuries caused or
ime located, stored or incorporated in any
ie Lessor or its authorized representatives
ial Rent within fifteen (15) days of receipt
views and investigations as it may deem
m 7.04. The Lessee's obligations pursuant
tion of the Term.
ALTERATMONS AND REPAIRS AND
LESSOR'S CONTROL OF CITY MARKET
8.01 Installations by the Lessee
All equipment, fix es and improvements nstalledby the Lessee in the Leased Premises shall be
new or completely reconditioned. The Lessee shall i tot make any alterations, additions or improvements or
install or cause to be installed any trade fixtures, ex rior signs floor covering, interior or exterior lighting,
plumbing fixtures, shades or awnings or make any changes to the store front without first obtaining the
Lessor's written approval and consent. The Lessee shall present to the Lessor plans and specifications in
form, content and such detail as the Lessor may reasonably require for such work at the time approval is
sought. The Lessee cove its that any work that rr ty be done in respect of the Leased Premises by or on
behalf of the Lessee shall be done in such a manner s not to cc nflict or interfere with any work being done
or about to be done by the Lessor in or about the C ty Market whether such conflict or interference shall
arise in relation to labour ur ions or otherwise and Lessee sl kall obtain all requisite permits, licenses and
inspections in respect of any such work done by r on the Lessee's behalf. Notwithstanding anything
herein contained, the Lease shall make no alteratii ns, additic ns or improvements that are of a structural
nature or that would lessen a value or Rentable Ara of the Leased Premises or the City Market, or would
interfere with the usage of a Common Areas.
All alterations, de
orations, additions and
improve ents made by the Lessee or made by the
Lessor on the Lessee's behalf
by agreement and
r this Lease shall immediately upon installation or
affixation become the property
of the Lessor withol
it compensation therefor to the Lessee, but the Lessor
shall be under no obligation
to repair, maintain
or insure the alterations, decorations, additions or
improvements. Such altera
ions, decorations, addit
ons and improvements shall not be removed from the
Leased Premises without prior
consent in writing
from the Lessor. Upon expiration of this Lease, the
Lessee shall, at the option
f the Lessor, remove all
trade fix es and personal property and shall remove
all such alterations, decorations,
additions and imptDvements
end restore the Leased Premises as required
by the Lessor.
I
8.02 Maintenance and
Repair by the Lessee
The Lessee will at
all times keep the Leas
d Premises (including exterior entrances and all glass
and show windows) and al
partitions, doors, fix
es, equipment and appurtenances thereof (including
lighting, heating and plumb
ng fixtures, and the elec
rical and mechanical systems) in good order, condition
and repair (including periodic
painting or redecorat
ng and preventative maintenance as determined by the
Lessor and including such
repairs or replacements
as are required to keep the Leased Premises in good
repair and condition). All
foresaid maintenance,
pairs, restorations and replacements shall be in quality
and class equal to the original
work or installations.
it
8.03 Signs, Awnings,
The Lessee will ni
window of the Leased Pren
kind, and will not place or
window or door of the Leas
The Lessee further agrees to
or other thing as may be
foregoing, the Lessee shall
the exterior of the Leased P
of which the Leased Premiss
8.04 Surrender of
Subject to Article
wear and tear only excepte
termination of the Term the
Premises were in upon de
excepted, and shall surrend
the payment of Rent and sl
the Leased Premises. Shou
personal property shall be
otherwise disposed of by tl
therefor. The Lessee's oh
earlier termination of the T(
Lease for Stall S ce — City Market
Vera Bochar/T a Baking Stone
place or suffer to be
ses any sign, awning 4
naintain any decoratio
J Premises without firs
maintain such sign, au
3proved in good cond
taintain any signs or di
emises in a manner whi
form a part and which
Premises
0.01, the Lessee will 1
Without limiting the 1
,essee shall surrender th
✓ery of possession then
all keys for the Lease
11 inform the Lessor of
. the Lessee fail to remo
teemed to be abandon
Lessor without notice
gations to observe or 1
m of this Lease.
8.05 Lessee to Dischargle all Liens
The Lessee will
or filed against:
a) the City
b) the Les
Leased
le "C"
�12-
dated or
canopy c
lettering
obtaining
ing, canol
ion and r
plays of it
h is in ke(
maintained on any exterior door, wall or
r advertising matter or other thing of any
or advertising matter on the glass of any
he Lessor's written approval and consent.
y, decoration, lettering, advertising matter
:pair at all times, and in addition to the
goods or wares which may be seen from
ping with the character of the City Market
to enhance the business of the Lessee.
we the Lased Premises in good repair, reasonable
neraliry f the foregoing, at the expiration or earlier
Leased P emises in the same condition as the Leased
o under his Lease, reasonable wear and tear only
Premises to the Landlord at the place then fixed for
Il combin itions on locks, safes and vaults, if any, in
its fixtu es and personal property, such fixtures and
I by the essee and may be appropriated, sold or
r obligati n to compensate the Lessee or to account
rform thi covenant shall survive the expiration or
e that no construction or other
ket or any part of it; o
interest in the Leased remise:
or charge, or notice thereof, is registered
any of the leasehold improvements in the
by any person claiming by, through, under or agairst the Les ee or its contractors or subcontractors. If
such a lien or charge or noti a thereof is registered < ir filed an the Lessee fails to discharge it within five
(5) days after written notice from the Lessor, the Les sor may & scharge it by paying the amount claimed to
be due into court or directl to the claimant and the Lessee w 11 pay to the Lessor as Additional Rent on
demand all costs (including legal fees) incurred by the Lesso in connection therewith, together with an
administrative overhead chai ge of fifteen percent (15 Vol thereon l
8.06 Rules and
The Lessee will co
to time to amend or suppler
if any, shall be given to the
amendments and supplemer
Lease. The Lessor shall nc
provisions of such Rules ar
other lease of premises in d
provisions. All Rules and R
8.07 Maintenance and
The Lessor shall,
maintained and repaired, t
exterior weather walls, sub
If, however, the Lessor is t
Leased Premises or the C
employees, agents, invitee
subtenants, the Lessee shy
maintenance or repairs, tog
ply with the Rules an(
nt the Rules and Regt
essee, and the Lessee
provided that no Rt
be responsible to the
Regulations by any (
City Market and the 1
.ulations shall be enfo .
by the Lessor
bject to the other provi
structure of the City I
)or, roof, bearing walls
luired to maintain or re
y Market by reason o
suppliers, agents and
pay on demand as �
her with an administrati
egulatio s. The Lessor reserves the right from time
ions. Notice of such amendments and supplements,
rees ther upon to comply with and observe all such
or Regulation shall contradict any provision of this
,ssee for non- observance or violation of any of the
-r tenant of the City Market or of the terms of any
sor shall be under no obligation to enforce any such
d against the Lessee in a non - discriminatory manner.
.ons of th' Lease, maintain and repair or cause to be
larket, in luding without limitation, the foundations,
nd structural columns and beams of the City Market.
air any s ctural portions or any other portion of the
the negligent acts or omissions of the Lessee, its
servants of suppliers, licensees, concessionaires or
iditional Rent, the Lessor's costs for making such
e fee of fifteen percent (15 %) of such costs.
Lease for Stall SI ace — City Market
Vera Bochar a Baking Stone
Sched ile "C"
- Pae13-
8.08 Control of City Market by Lessor
The City Market d the Common Areas
management of the Lessor. Without limiting the ge
control, management and operation of the City Ma
and general policies with respect to the operation
throughout the Term to construct, maintain and op(
conditioning systems; provide supervision and po.
portion of the City Market to such extent as may in I
to prevent a dedication thereof or the accrual of an
and terminate easements or other agreements pertain
City Market; obstruct or close off all or any part of
or construction, employ all personnel, including si
operation, maintenance and control of the City Mai
time for merchandising, di lay, decorations, enter
special features or promotioi al activities; designate i
which loading and unloadi of goods shall be car
delivery or shipping of me chandise, supplies and
portions of the City Market; lesignate and specify tb
the manner and the times an I places at which same i
efficient and proper opera n of the City Market
pickup and disposal of re se and garbage instep
municipality, the Lessee sh ill use same at the Les
location, arrangement or t se of the City Marke
improvements in the City Aarket and make chan
improvements in the City Market and make change
such other acts in and to the City Market as in the u
be advisable for the more a cient and proper operas
Notwithstanding a ything to the contrary,
rights as set out in this S ction 8.08, the Com
whatsoever, the Lessor is not subject to any liabi
diminution or abatement o Rent nor is any alt,
constructive or actual evictic n, or a breach of any c
8.09 Lessor's Right to 1~ nter Leased Premises
re at all imes subject to the exclusive control and
xality of I he foregoing, the Lessor has the right in its
et and by the establishment of rules and regulations
>f the City Market or any part thereof at all times
ate lighting facilities and heating, ventilating and air
:ing services for the City Market; close all or any
e opinion 3fthe Lessor's counsel be legally sufficient
rights to any third party or the public; grant, modify
ig to the use and maintenance of all or any part of the
e City Mz rket for the purpose of maintenance, repair
rervisory ersonnel and managers necessary for the
et; use any part of the Common Areas from time to
driment and structures designed for retail selling or
e areas and entrances and the times in, through and at
ed out; control, supervise and generally regulate the
ixtures to and from the Leased Premises, and other
kind of container to be used for garbage and refuse in
to be placed for collection (if the Lessor for the more
,rovides or designates a commercial service for the
of or in addition to the service provided by the
:e's cost); from time to time change the area, level,
or any part thereof, construct other buildings or
:s to any part thereof, construct other buildings or
to any part of the City Market; and do and perform
of good usiness judgment the Lessor determines to
in of the ditv Market.
as a resul of the exercise by the Lessor of any of its
n Areas are diminished or altered in any manner
7 nor is t ie Lessee entitled to any compensation or
Lion or d minution of the Common Areas deemed
,Want for uiet enjoyment contained in this Lease.
a) It is not a re -entry or a breach lof quiet njoyment if the Lessor or its authorized
representatives enter the Leased Pr miser at reasonable times to:
i. a amine them;
ii. make permitted or
Leased Premises (i
installations in the
iii. excavate land adjacent or
extent reasonably poss
interfering with the Lesse
Lessor may take materia.
Rent will not abate or be
additions are being made
y interruption of busine
b) At any tirne during the Term, the
purchasers and during the six (6) 1
the Lessoi may exhibit the Lease
Leased Premises the usual notice "
where placed without molestation;
c) If the Lessee shall not be pers
Premises, at any time, when
permissible, the Lessor or the
may forcibly enter the same, v
and without in any manner affe
repairs, alterations, improvements or additions to the
the pipe 4l conduits, wiring, ducts, columns and other
remises) or the City Market or adjacent property; or
bjacent o the Leased Premises; in each case (to the
)le in the circumstances) without unreasonably
's busines operations in the Leased Premises, and the
into and on the Leased Premises for those purposes.
uced while the repairs, alterations, improvements or
The Lessor will take reasonable steps to minimize
resulting from any entry.
;ssor ma exhibit the Leased Premises to prospective
mths P. to the expiration of the term of this Lease,
Premises to prospective tenants and place upon the
o Let" w ich notice the Lessee shall permit to remain
y present o open and permit an entry into the Leased
any reason an entry therein shall be necessary or
sor's agents may enter the same by a master key, or
ut rendering the Lessor or such agents liable therefor,
g the obligations and covenants of this Lease;
Lease for Stall S ace' CO Market
Vera Bochar/ a Baking tone
Sche le C
-Pa e14-
d) Nothing in this Section contained,
the Lessox any obligation, respons
or repair of the City Market or
specifically provided.
AR'
INSURANCE
ver, s all be deemed or construed to impose upon
or li bility whatsoever for the care, maintenance
part ereof, except as otherwise in this Lease
IX
9.01 Lessee's Insuranc i
a) The Lessee shall throughout the Term, at it own cost land expense, take out and keep in full force
and effect the following insurance:
i. All -ri k insurance upon prop rty owne by the Lessee or for which the Lessee is
legall liable (including, sign and plate glass) and which is located within the City
Mark .-t in an amount of not le s than the It replacement cost thereof,
ii. Coml rehensive General Lial ility with minimum limits of at least Two Million
Dollars ($2,000,000.00) or su h higher I imits as the Lessor may reasonably require
from ' e to time. This polic shall incl de:
a) The City added as an Ad ( itional Insured;
b) I riclusive limits for bodil injury an property damage;
c) Personal injury liability;
d) enant's Legal Liability;
e) Contractual Liability witl respect tol this Lease;
f) remises, Property and erations;
g) Completed Operations;
h) A Cross Liability Clause;
it A Thirty (30) days writt n notice c f Cancellation shall be given to the City of
Saint John.
iii. The Lessee shall also provide any other I orm of insurance as the Lessee or the Lessor
may easonably require from ime to time in form, in amounts and for insurance risks
agair st which a prudent ten would insure.
b) All policies shall t a taken out with reputab le and recc gnized insurers acceptable to the Lessor and
shall be in a form atisfactory from time to time to the Lessor. The Lessee agrees that certificates
of insurance of ea h such insurance polic3 will be delivered to the Lessor as soon as practicable
after the placing f the required ins uran e. All policies shall contain an undertaking by the
insurers to notify the Lessor in writing not less than durty (30) days prior to any material change,
cancellation or termination thereof,
c) The Lessee agrees that if the Lessee fails take out r keep in force any such insurance referred
to in this Section 9.01, or should any such nsurance rot be approved by the Lessor and should the
Lessee not rectify the situation immediate y after wraten notice by the Lessor to the Lessee, the
Lessor has the right without assuming y obligat on in connection therewith to effect such
insurance at the sole cost of the Lessee an all outlays by the Lessor shall be immediately paid by
the Lessee to the Lessor as Additional Re t without prejudice to any other rights and remedies of
the Lessor under this Lease.
9.02 Increase in
The Lessee will no
increase of premium for an}
the rate for the least hazard(
in default under this Sectioi
policies taken out or mainta
City Market or any part the
use or occupation of the U
Lessee shall forthwith rem(
Lessor, and if the Lessee
Lessor shall have the right
Lessee for any loss or dam
Lessee liable for any dama;
option determine this Lease
to do so, and thereupon Rei
be apportioned and paid in
equal to the Gross Rent pa;
immediately deliver up pos
the insurance rate on the
conclusive evidence of the
Premises. Bills for such ads
the Lessor may elect and s
thereof shall be deemed to b
9.03 Loss or Damage
The Lessor shall r
upon, at or relating to the
Leased Premises, nor shall
others from any cause wl
negligence of the Lessor, it
responsible. Without limiti
or damage to persons or F
water, rain, flood, snow m
plumbing works, roof or sr
tenants or persons in the Ci
by construction or by any pi
the Leased Premises shall b
the Lessor and save it harm
limitation, any subrogation
injury to the Lessee, its sen
the Leased Premises or to
corporation on or about the
of any utilities to the Lease(
Lease for Stall Sl ace — City Market
Vera Bochar a Baking Stone
Sched ile "C"
- Page 15-
Premium
allow or cause anything
insurance on the Leased
is type of occupancy leg
9.02 the Lessee shall p
ned by the Lessor, or if
;of shall be cancelled of
ised Premises or any ps
ly or rectify such use c
call fail to do so within
o enter the Leased Prer
ge occasioned by such
e or loss resulting from
brthwith by leaving upc
: and any other paymen
ill to the date of such do
able for a period of on(
ession of the Leased Pr
Leased Premises, shoo
several items and charg
itional premiums shall b
call be due from and p:
and be paid as Additioc
st be liable for any dea
'ity Market, or damage
t be responsible for an
atsoever, except any s
agents, servants or emr
.g the generality of the
operty resulting from I
leaks from any part of
)surface of any floor or
i Market or by occupan
vate, public or quasi -pu
so kept or stored at the
:ss from any claims axis
laims by the Lessor's ii
ants, agents, employees,
my property of the Le:
eased Premises caused
Premises.
9.04 Indemnification of the Lessor
The Lessee will it
actions, damages, liability :
property arising from or out
the Lessee of the Leased I
omission of the Lessee, it
invitees. In case the Lessor
or against the Lessee, then
and solicitors' and counsel
such litigation.
10.01 Total or Partial
If, during the T
damaged by any cause in
0 occur u
Premises
illy permi
y any res
my insura
refused t(
-t thereof
occupati
twenty-f(
ises and i
utry and i
such canc
i the Lean
for whic
erminatio.
(1) year
mises, a
ng the v
es which
rendered
fable by 1
ELI Rent.
the Leased Premises which shall cause any
r the City Market or any part thereof above
ed in the Leased Premises. If the Lessee is
lting additional premium on any insurance
ce policy upon the Leased Premises or the
be renewed by an insurer by reason of the
)r the acts or omissions of the Lessee, the
n upon request to do so in writing by the
ar (24) hours of such written request, the
:ctify the situation, without liability to the
;ctification, or shall be entitled to hold the
llation or refusal, or the Lessor may at its
d Premises notice in writing of its intention
the Lessee is liable under this Lease shall
of the Lease, and together with an amount
s liquidated damages, and the Lessee shall
;hedule issued by the organization making
rious components of such rate, shall be
lake the fire insurance rate of the Leased
)y the Lessor to the Lessee at such times as
ie Lessee when rendered, and the amount
i or injury arising from or out of any occurrence in,
o properiq of the Lessee or of others located on the
loss of or damage to any property of the Lessee or
-h death, injury, loss or damage results from the
)yees or c ther persons for whom the Lessor is in law
,regoing, the Lessor shall not be liable for any injury
•e, explosion, falling plaster, steam, gas, electricity,
the Leased Premises or from the pipes, appliances,
>eiling or from the street or any other place or other
of adjacent property thereto, or the public, or caused
lic work. All property of the Lessee kept or stored on
A of the Lessee only and the Lessee shall indemnify
cg out of y damages to the same, including, without
curers. In no event shall the Lessor be liable for any
mstomers and invitees or for any injury or damage to
ee, or to any property of any other person, firm or
ry an interruption, suspension or failure in the supply
mnify the Lessor, anc
save ha
I expense in connectic
n with k
F any occurrence in, up
on or at t
mises or any part die
reof, or
agents, contractors, a
uployees
.all, without fault on it,
part, be
Lessee shall protect
d hold
:s on a solicitor and cl
ent basis
ART LE X
kGE, DESTRUCTION AND
ruction of Leased Pr mises
the Leased Premises are exp
ct of which the Lesso is insun
less from and against any and all claims,
of life, personal injury and/or damage to
Leased premises, the occupancy or use by
- asioned wholly or in part by any act or
servants, licensees, or concessionaires or
ide a party to any litigation commenced by
harmless and shall pay all costs, expenses
curred or paid by them in connection with
mated or totally or partially destroyed or
the following provisions shall have effect:
a) If the Leased Pren
shall abate in part
occupancy by the
rendered wholly u:
either event until
Lessee's restoratio
b) Notwithstanding th
Architect shall be ii
within 180 days of
terminate this Leasi
such destruction or
and become null a
immediately surren
be apportioned and
and the Lessor may
Lease for Stall Sp ice — City Market
Vera Bochar/Tl a Baking Stone
Sched le "C"
- PaQ 16 -
;s are rendered partial .
ly, in the proportion t
;see bears to the whole
for occupancy by the
day following a rea:
following completion
provisions of subparal
capable of being reboil
to happening of such d
by notice in writing to
damage and in the evej
.d void from the date
er the Leased Premises
;hall be payable by the
•e -enter and repossess t
If the Leased Premises are capable of being rebu
happening of such damage r destruction or if wit]
10.01(b) the Lessor shall not give notice termi
promptitude proceed to rebuild and/or repair or re!
repair obligations under the Lease and the Lessee
Lessor's work and, within a reasonable period detc
restoration) complete the restoration of the Leased I
The certificate of the Ai
unfit for occupancy; (ii)
completion of repairs.
10.02 Total or Partial
In the event that
destroyed by fire or other c
or rebuilding will exceed
notwithstanding that the Le
to be exercised by notice
occurrence, to elect to canc
Term of this Lease shall e
vacate the Leased Premises
10.03 Abatement of
Notwithstanding
shall be limited to an an
insurance.
10.04 Expropriation
The Lessor and th
of the Leased Premises or
to at law. To the extent,
expropriated, the full proce
Lessee will assign to the '.
awards and will execute d
intention.
unfit for ccupancy by the Lessee, Gross Rent only
�t the part of the Leased Premises rendered unfit for
A the Lea 3ed Premises or if the Leased Premises are
essee the Zent hereby reserved shall be suspended in
nable per od (taking into account the extent of the
the Lessor's restoration;
iph (a), if the Leased Premises in the opinion of the
md/or repaired or restored with reasonable diligence
[ruction or damage, then the Lessor may at its option
re Lessee given within thirty (30) days of the date of
of such notice being so given this Lease shall cease
f such destruction or damage and the Lessee shall
nd all interest therein to the Lessor and the Rent shall
essee onl to the date of such destruction or damage
Leased Premises discharged of this Lease;
and/or repaired or restored within 180 days of the
the period of thirty (30) days referred to in Section
ling this Lease, the Lessor shall with reasonable
re the Leased Premises to the extent of the Lessor's
call immediately upon substantial completion of the
lined byte Lessor (given the extent of the Lessee's
;t shall bind the partie as to the i) extent to which the Leased Premises are
required to rebuild an or repair Or restore the Leased Premises; and (iii) due
of City
substantial portion of
ise, or in the event the
iy $250,000 or more
ed Premises may be m
writing delivered to
t and terminate this Le
)ire upon the third (3`
nd surrender the same
.ng herein before
equal to the am,
Lessee will co- operate
e City Market, so that e
iowever, that a part of
is that are paid or awarc
;ssor any rights that it
documents that the Le
e City Mirket shall be expropriated or damaged or
)sts as est mated by the Lessor of repairing, restoring
he procet ds of insurance available to the Lessor,
'fected, or in the event the Lessor shall have the right,
s Lessee within sixty (60) days from and after said
e. Upon he giving of such notice to the Lessee, the
day after such notice is given, and the Lessee shall
the Lesso .
ained, all abatements of Rent set out in this Article X
which the Lessor collects under any rental income
each other if there is an expropriation of all or part
may receive the maximum award that it is entitled
City Market, other than the Leased Premises, is
as a restilt, will belong solely to the Lessor, and the
r have or acquire in respect of the proceedings or
reasonably requires in order to give effect to this
XI
STATUS STATEMENT, SUBOF4DINATIQN AND ATTORNMENT
11.01 Status Statement
Within fifteen (15 days after request, tht Lessee *,ill sign and deliver to the Lessor a status
statement or certificate, stat' g that this Lease is in fi.11 force and effect, any modifications to this Lease, the
commencement and expiry Jates of this Lease, the ate to w ich Rent has been paid, the amount of any
prepaid Rent or deposits he d by the Lessor, whet h r there is any existing default and the particulars, and
any other information requ' d by the party requestir g it.
Lease for Stall Sp ice — City Market
Vera Bochar/Tl a Baking Stone
Sched le "C"
i
-Pag 17-
11.02 Power of Attorney
The Lessee hereby rrevocably appoints the Lessor as the attorney for the Lessee with full power
and authority to execute and deliver in the name of e Lessee any instruments or certificates required to
carry out the intent of Section 11,01 which the Lessee shall ha a failed to sign and deliver within fifteen
(15) days after the date of a N nitten request by the Le sor to exec to such instruments.
ARTICLE XII
TRANSFER I BY LESkE
12.01 Transfer Defined
"Transfer" means, ( ) an assignment, sale, c nveyance, sublease, or other disposition of this Lease
or the Leased Premises, or e ny part of them or any aterest in this Lease (whether by operation of law or
otherwise), or in a partners ip that is a Lessee un er this Lease, (ii) a mortgage, charge or debenture
(floating or otherwise) or other encumbrance of this I ease or the Leased Premises or any part of them, or of
any interest in this Lease or of a partnership, or partni rship interest, where the partnership is a Lessee under
this Lease, (iii) a parting with or sharing of posses 'on of all Dr part of the Leased Premises, and (iv) a
transfer or issue by sale, assignment, bequest, inh 'tance, operation of law or other disposition, or by
subscription of all or part of the corporate shares of he Lessee r an "affiliate" (as that term is defined on
the date of this Lease under the Canada Business Coi porations Act) of the Lessee which results in a change
in the effective voting control of the Lessee. "Trans eror" and `Transferee" have meanings corresponding
to the definition of "Transfer" set out above, (it being understood that for a Transfer described in clause (iv)
the Transferor is the person that has effective voting control before the Transfer and the Transferee is the
person that has effective vo "" g control after the Tra fer).
12.02 Consent Required
The Lessee will no allow or cause a Transfer, without the prior written consent of the Lessor in
each instance which consent may not be unreasonably withheld. Notwithstanding any statutory provisions
to the contrary, Lessor's co sent shall not be deem d to have been unreasonably withheld where Lessor
refuses consent to a Transl&r within twenty-four (4) months of either the Commencement Date or a
previous Transfer. Without limiting the generality c f the foregoing, no Transfer shall be effective and no
consent shall be given unlesE the following provision have been complied with:
i. There is no default of the obligatio s of the Lessee under this Lease;
I
ii. The Lease shall have given at le 3 t thirty () days' prior written notice of the proposed
Transfer and the effective date ther of to the Lessor;
iii. A duplicate original of the docum nts affecting the Transfer shall be given to the Lessor
within thirty (30) days after the ext cution and delivery thereof;
iv. The Transferee, except in the case f a Trans r described in Section 12.01(iv), shall have
assumed in writing with the Lesso the due and punctual performance and observance of
all the agreements, provisions, cov nants and conditions hereof on the Lessee's part to be
performed or observed from and a er the effe tive date of the Transfer.
The Lessee acknowledges that the factors oveming the granting of the Lessor's consent to any
Transfer may include, wit ut limitation, the restr ctive cla es entered into with other tenants by the
Lessor, the financial background, business history and the capability of the proposed Transferee in the
Lessee's line of business, and the nature of the busi ess practic s of the proposed Transferee. The consent
by the Lessor to any Transfer shall not constitutt a waiver of the necessity for such consent to any
subsequent Transfer. If a Transfer takes place, the 1essor may collect rent from the Transferee, and apply
the net amount collected to the Rent herein reservei 4 but no such action shall be deemed a waiver of the
requirement to obtain consent or the acceptance of he Trans f ree as lessee, or a release of the Lessee or
any Indemnifier from the further performance by th Lessee of covenants on the part of the Lessee herein
contained. Notwithstanding any Transfer, the Lesse shall remain fully liable under this Lease and shall
not be released from performing any of the obligatioi is of the Lessee under this Lease.
Any Transfer, if c nsented to by the Less r, may at the Lessor's option be documented by the
Lessor or its solicitors, and y and all legal costs a the Lessor's then - standard fee with respect thereto or
to any documents reflecting the Lessor's consent to he Transfer shall be payable by the Lessee on demand
as Additional Rent.
Lease for Stall Sliace — City Market
Vera Bocharr4e Baking Stone
„C„
18-
12.03 No Advertising of Leased Premises
The Lessee shall not print, publish, post, d' 3play or b adcast any notice or advertisement to the
effect that the Leased Premi es are for lease or for se le or otherwise advertise the proposed sale or lease of
the whole or any part of the eased Premises and sha 1 not permit any broker or other party to do any of the
foregoing, unless the complete text and format of a such notice, advertisement or offer is first approved
in writing by the Lessor. W thout in any way restric ing or limiting the Lessor's right to refuse any text or
format on other grounds, an i text or format propose I by the Lessee shall not contain any reference to the
rental rate of the Leased Premises.
DEFAULT
13.01 Right to Re -Enter
When
XIIl
a) the Lessee shall be in default in the payme t of any
such default shall continue for a period of fie (5) coi
b) the Lessee shall be n default of any of its c
of any term or conc ition of this Lease (oth
continue for a period of fifteen (15) con!
Lessor, acting reasc nably, determines after
specifying with reasonable particularity tb
remedied;
whether lawfully demanded or not and
ive days; or
,enants, o ligation or agreements under this Lease or
than its covenant to pay Rent) and such default shall
,utive days or such longer or shorter period as the
ve (5) days written notice by the Lessor to the Lessee
nature of such default and requiring the same to be
then and in any of such case
the then current month
Rent, to
ther with the Rent for the three (3) months
next ensuing shall immediately
become due and pa3
able, and at
the option of the Lessor, the Terms shall
become forfeited and void,
and the Lessor may wil
hout notice
or any form of legal process whatsoever
forthwith re -enter upon the Leased
Premises or any V
ul thereof
in the name of the whole and repossess and
enjoy the same as of its
former estate, anythinj
contained
in any statute or law to the contrary
notwithstanding, provided however,
that such forfeiti
re shall be
wholly without prejudice to the right of the
Lessor to recover arrears o
rent or damages for ami
y anteced
nt default by the Lessee of its covenants,
obligation or agreements w
der this Lease or any tei
in or cond
tion of this Lease and provided further that
notwithstanding any such fo
feiture the Lessor may s
absequend
y recover from the Lessee damages for loss
of Rent suffered by reason o
f this Lease having been
premature
y determined. In addition, the Lessor shall
have the right to remove an
sell the Lessee's goods
and chatte
s and trade fixtures and apply the proceeds
thereof to Rent due under the
Lease.
13.02 Right to Re-Let
Should the Lessor lect to re- enter, as hen
legal proceedings or pursuar t to any notice provided
from time to time without terminating this Lease, mo
order to re -let the Leased Premises, and re -let the
Lessee for such term or terri is (which may be for a
such rental or rentals and won such other terms ai
deem advisable; upon each - letting all rentals recei
first, to the payment of any indebtedness other tha
second, to the repayment of any reasonable costs an
and solicitors' fees and of costs of such alterations
same may become due and payable hereunder. 11
month be less than that to be paid during that month
deficiency to the Lessor. Such deficiency shall be ci
possession of the Leased Pr cmises by the Lessor sh
this Lease unless a written notice of such intention I
be decreed by a court of competent jurisdiction. N(
the Lessor may at any time thereafter elect to termi
Lessor at any time terminate this Lease for any bre
may recover from the Less a all damages it may i
recovering the Leased Premises, and including the
any, of the amount of Rent and charges equivalent i
Term hereof over the then reasonable rental value i
hereof, all of which amounts shall be immediately
determining the Rent which would be payable by tl
Rent for each year of the unexpired Tenn shall be
Rent and Percentage Rent yable by the Lessee fir,
in provided, or should it take possession pursuant to
or by law, it may either terminate this Lease or it may
cc such ab eration and repairs as may be necessary in
.eased promises or any part thereof as agent for the
,nn extending beyond the Term of this Lease) and at
3 conditions as the Lessor in its sole discretion may
ed by the essor from such re- letting shall be applied;
t rent due hereunder from the Lessee to the Lessor;
expenses of such re- letting, including brokerage fees
tnd repairs; third, to the payment of Rent due as the
such Reni received from such re- letting during any
y the Les ee hereunder, the Lessee shall pay any such
culated ar. d paid monthly. No such re -entry or taking
11 be cons Tued as an election on its part to terminate
given to the lessee or unless the termination thereof
withstand ng any such re- letting without termination,
late this L case for such previous breach. Should the
ch, in adc ition to any other remedies it may have, it
icur by re son of such breach, including the cost of
,orth at thc time of such termination of the excess, if
) Rent reserved in this Lease for the remainder of the
f the Leas d Premises for the remainder of the Term
due and r ayable from the Lessee to the Lessor. In
Lessee hereunder, subsequent to default, the annual
qual to th greater of (a) the average annual Gross
in the Cottmtencement Date to the time of default or
Lease for Stall Sp ice — City Market
Vera BochariTt a Baking Stone
Sched le "C"
-Pag 19-
during the preceding three O full calendar years, w 'chewer pe 'od is shorter; and (b) Gross Rent payable
hereunder, together with all Additional Rent which ould have been payable during the calendar year in
which this Lease was terminated, prorated over a full alendar yt ar, if required.
13.03 Legal Expenses
Incase suit shall be rought for recovery of ossession IF the Leased Premises, for the recovery of
Rent or any other amount die under the provisions of this Lei ise, or because of the breach of any other
covenant herein contained on the part of the Les e to be kept or performed and a breach shall be
established, the Lessee sha 1 pay to the Lessor 1 expense incurred therefor, including reasonable
solicitors' and counsel fees o i a solicitor and his clier t basis.
13.04 Bankruptcy
The Lessee covenai
the Leased Premises shall N
creditor of the Lessee or if ;
or business of the Lessee or
sale or, becoming bankrupt
bankrupt or insolvent debtc
Leased Premises shall with(
fifteen (15) days, or be uses
this Lease, or if the Lessee
the Leased Premises or to s
them from the Leased Prem
be sufficient goods on the L
then and in every such cas<
shall immediately become c
premises as though the Les;
were holding over after th
immediately without any r
determined, and in every on
the same manner as the Ri
deemed to have been exerci;
13.05 Lessor May Perfo
If the Lessee shall
Lease, the Lessor may fror
covenants or obligations, or
the Leased Premises or any
All expenses incur
together with an administra
Lessee to the Lessor on den
13.06 Waiver of Exemp
Despite any appli
inventory, furniture, equipr,
and (b) no lack of compliai
method of entry, giving of
where the Lessee owes arre
13.07 Remedies
No reference to
preclude the Lessor from
law or expressly provided
such remedy, but the L
independently or in combi
is and agrees that if the'
at any time during the I
receiver, interim receiv
f the Lessee shall make
ar insolvent, shall take
s or if any order shall
it the written consent of
by any other persons th
hall without the written
11 or dispose of goods r
;es so that there would i
ased Premises subject tc
the then current month
ie and be paid and the I
;e or the servants of the
expiration of the Ter
itice or opportunity for
of the cases above such
it hereby reserved and
;d if the Lessor or its ae
i Lessee's Covenants
ail to perform any of i
time to time at its di:
xy part thereof, and for
rt thereof as the Lessor
d and expenditures m
re fee equal to fifteen
id as Additional Rent.
ins from Distress
le Act, legislation or
t or other property at
with any requirement
:ice, appraising of goc
of Rent at the time of
r exercise of any spec
;rcising or invoking an
in this Lease. No such
ar may from time to
erm or any of the goods and chattels of the Lessee on
rm seized or taken in execution or attachment by any
r or recei er and manager is appointed for the assets
ny assigni rient for the benefit of creditors or any bulk
he benefit of any Act now or hereafter in force for
e made for the winding up of the Lessee, or if the
:he Lessor become and remain vacant for a period of
n such as are entitled to use them under the terms of
onsent of the Lessor abandon or attempt to abandon
chattels of the Lessee or to remove them or any of
it in the event of such abandonment, sale or disposal
iistress to satisfy the Rent above due or accruing due,
Rent and the next ensuring three (3) months' Rent
;ssor may re -enter and take possession of the Leased
-essee or any other occupant of the Leased Premises
L and the Term shall, at the option of the Lessor,
cure provided to the Lessee, become forfeited and
accelerate Rent shall be recoverable by the Lessor in
f Rent were in arrears and the said option shall be
its given otice to the Lessee as provided for herein.
or obligations under or in respect of this
brm or cause to be performed any such
may do such things upon or in respect of
;r requisite or necessary.
s by or on behalf of the Lessor under this Section,
5 %) per ent thereon, shall be forthwith paid by the
any legal
r equitable rule of law: (a) none of the
y time owned
by the Lessee is exempt from distress;
concerning
the day of the week, time of day or night,
or anything
else, will render any distress unlawful
he distress.
fic right or
remedy by the Lessor will prejudice or
other reniedy
in respect thereof, whether allowed at
remedy wi
11 be exclusive or dependent upon any other
time exercise
any one or more of such remedies
Lease for Stall Sp ice — City Market
Vera BocharM a Baking Stone
Sched le "C"
- Pag 20 -
ARTICLE XIV
14.01 Overholding
If the Lessee remai in possession of the Uased Pre ises after the end of the Term and without
the execution and delivery ol a new lease, there shall be no tacit renewal of this Lease and the Term hereby
granted, and the Lessee shal be deemed to be occur ing the L Lased Premises as a Lessee from month to
month at monthly rent payab a in advance on the first day of eaci month equal to the sum of
i. one and one half (1 /�) times the Gross Rent ayable d ng the last month of the Term; and
ii. one - twelfth of the Additional Rent paya a by the Lessee for the Lease Year immediately
preceding the last L ase Year of the Term;
and otherwise upon the sarr
terms and conditions
s are set
Term, and any right of renewal
mutatis mutandis.
14.02 Successors
This Lease applies I
o the successors and ass
gns of th
the heirs, executors, administrators
and permitted au
cessors
is more than one party named
as Lessee, they are join
y and sc
14.03 Waiver
Failure by the Less
r to require performan
of any
shall not be deemed to be a
waiver of such term, co
nant or
same or of any other term,
covenant or condition f.
Lrein cor
hereunder by the Lessor shall
not be deemed to be
waiver c
term, covenant or condition
of this Lease, other that
the failu
accepted, regardless of the Lessor's
knowledge of st
ch prece(
Rent. No covenant, term or
condition of this Lease
shall be
unless such waiver be in wri
ing by the Lessor.
14.04 Accord and
in this Lease, except as to duration of
;ssor and, if Article XII is complied with,
permitted assigns of the Lessee. If there
allv liable under this Lease.
n, covenant or condition herein contained
idition or of any subsequent breach of the
tied. The subsequent acceptance of Rent
my preceding breach of the Lessee of any
of the Lessee to pay the particular rent so
g breach at the time of acceptance of such
emed to have been waived by the Lessor,
No payment by th Lessee or receipt by I ie Lessor f a lesser amount than the monthly Rent
herein stipulated shall be deemed to be other than o i account f the earliest stipulated Rent, nor shall any
endorsement or statement or any cheque or any let er accompanying any cheque or payment as Rent be
deemed an accord and satisf iction, and the Lessor m iy accept such cheque or payment without prejudice to
the Lessor's right to recover the balance of such Ren or pursue any other remedy in this Lease provided.
14.05 Entire Agreement
This Lease sets forth all the covenants, I romises, E greements, conditions and understandings
between the Lessor and the Lessee concerning the I eased Prer uses and there are no covenants, promises,
agreements, conditions or representations, either ora or written, between them other than are herein and in
the said schedules and rid r, if any, set forth. xcept as 2erein otherwise provided, no subsequent
alteration, amendment, change or addition to this I ease shall be binding upon the Lessor or the Lessee
unless reduced to writing and signed by them.
ii
14.06 No Partnership
The Lessor does n t, in any way or for any urpose, b come a partner of the Lessee in the conduct
of its business, or otherwise or joint venturer or a m mber of a oint enterprise with the Lessee.
14.07 Force Majeure
In the event that either party hereto sha be delayed or hindered in or prevented from the
performance of any act re uired hereunder by rea on of s i es, lock -outs, labour troubles, inability to
procure materials, failure o power, restrictive gove ental la xs or regulations, riots, insurrection, war or
other reason of a like natur, not the fault of the pa ty delayed in performing work or doing acts required
under the terms of this Leas , then performance of s ich act sha 1 be excused for the period of the delay and
the period for the performa ice of any such act sha be extended for a period equivalent to the period of
such delay. Notwithstandi ag anything herein con ained, the provisions of this Section 14.07 shall not
operate to excuse the Les a from the prompt pa yment of Gross Rent, Additional Rent or any other
Lease for Stall Sp ice — City Market
Vera Bochar/TI a Baking Stone
Sched le "C"
- Pag 21 -
payments required by the terms of this Lease, nor entid the Lessee to compensation for any
inconvenience, nuisance or d scomfort thereby occasioned.
14.08 Notices
Any notice herein provided or permitted to be given by the Lessee to the Lessor shall be
sufficiently given if delivered personally to the Common Clerk, or if transmitted by telecopier or if mailed
in Canada, registered and postage prepaid, addressed to the Lessor at: C/O The Common Clerk, The City
of Saint John, P. O. Box 1971, 15 Market Square, Saint John, '4ew Brunswick, E2L 4L1, with a copy to
Real Estate Services, The City of Saint John, P. . Box 1971, 15 Market Square, Saint John, New
Brunswick, E2L 4L1, and any notice herein provide or permitled to be given by the Lessor to the Lessee
shall be sufficiently given if delivered personally to the party being given such notice or to a responsible
employee of the party being given such notice, or if transmitted by telecopier or if mailed in Canada,
registered and postage prepaid, addressed to the Lessee at 15 Crestline Road, Rothesay, N.B. E211
105. Any such notice giver as aforesaid shall be cc nclusively deemed to have been given on the day on
which such notice is delivert d or transmitted or on die third day that there is postal delivery following the
day on which such notice is i riailed, as the case may t e. Either party may at any time give notice in writing
to the other of any change o address of the party gi en such notice and from and after the giving of such
notice the address therein specified shall be deemed to include any request, statement or other writing in
this Lease provided or permitted to be given by the I essor to th Lessee or by the Lessee to the Lessor. If
there is more than one party named as Lessee, notice o one shall be deemed sufficient as notice to all.
14.09 Place for Payment of Rent
The Lessee shall p the Rent. Including al Additiona Rent, at the office of the Lessor specified
in Section 14.08 or as such place or places as the Lessor may designate from time to time by notice in
writing: currently to the Cas ier's Office, City Hall, P. O. Box 1971, 15 Market Square, Saint John, New
Brunswick, E2L 4L1. i
14.10 Approval in Writing
Wherever the Lessor's consent is required to be given hereunder or wherever the Lessor must
approve any act or performance by the Lessee, such onsent or approval, as the case may be, shall be given
in writing by the Lessor before same and shall be dee ned to be effective.
14.11 Governing Law
The Lease is to be governed by and cons ed acco� ding to the laws of the Province of New
Brunswick.
14.12 Captions and Section Numbers
The captions, section numbers and article n unbers ap earing in this Lease are inserted only as a
matter of convenience and no way define, limit, c nstrue or escribe the scope or intent of such sections
or articles or of this Lease, nor in any way affect this ease.
14.13 Partial Invalidity
If any term, cove .
circumstance shall, to any
application of such term, cc
is held invalid or unenforce
Lease shall be separately va
14.14 No Option
The submission of
Leased Premises and this L
the Lessor and the Lessee.
14.15 Time To Be of the
t or condition of thi Lease or the application thereof to any person or
tent, be invalid or uE nforceabl , the remainder of this Lease and/or the
iant or condition to persons or circumstances other than those as to which it
e, shall not be affected thereby a ad each term, covenant or condition of this
and enforceable to the fullest extent permitted by law.
Lease for examinati does not constitute a reservation of or option for the
becomes effective a4 a Lease only upon execution and delivery thereof by
Time shall be of thel essence of this Lease.
Lease for Stall Sp Lce — City Market
Vera BochariTt a Baking Stone
Sched le "C"
- Paiz 22 -
14.16 Quiet Enjoyment
The Lessor covenan s with the Lessee for qu et enjoym nt.
14.17 Riders and Schedules
Schedules attached ereto form part of this Lease.
14.18 Basement Storage pace
Where the Leased Premises includes any area of basement storage space, notwithstanding any
provision herein contained, the Lessee acknowledg (s and agrees that water and sewer lines are located
within the basement area of the Leased Premises an I that them is a possibility that water and/or sewage
may escape from the lines Ets a result of breakage blockage, overflow or other cause, and may cause
damage to anything stored ii the basement area of he Lease Premises. The Lessee acknowledges and
agrees that if it chooses to store anything, whether b longing to it or to others, in the basement area of the
Leased Premises, it does so t its own risk and the L ssee hereby agrees to release and indemnify and save
harmless the Lessor from and against any and all ma er of act ons, suits, damages, loss, costs, claims and
demands of any nature whatsoever relating to or 'sing out of breakage, blockage, overflow or other
problem of the water or sewE ge lines.
14.19 Rent Free Period
The Lessor and the Lessee agree so long as he Lessee Is not in default under the Lease, the Lessee
will not be responsible for ross Rent for a period of three () months from and including Febraary -tt,
2006 to and including May 006. Utilities, Pron otion Funds/Merchants' Association dues are payable
during the Rent Free Period. 1
14.20 Lessor's Work
The Lessor will build:
a) a demising wall between the Stalls and C a� the location indicated on Schedule "A" and
ramp at the northwest comer of St 1 C;
b) relocate the sink, hot water tank an I water services; and
c) install electrical services sufficient to accommodate the Lessee's ovens and relocate fuse
box.
The Lessor's work shall be completed befolc the Lessee takes possession of the Leased Premises.
�� l y
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
RULES AND
All loading and unloading of goods shall be done only t such times, in the areas, and through the
entrances, designated for such purposes by tl e Landlord.
The delivery or shipping of merchandise, si pplies and fixtures to and from the Leased Premises
shall be subject to such controls as in the judgment of the Landlord are necessary for the proper
operation of the Leased Premises and/or the ity Market.
All garbage and ref ise shall be kept in the I ind of co miners specified by the Landlord and shall
not be burned in or bout the Leased Premises.
No radio, television, telegraphic or telephone or similar device and no water pipe, gas pipe or
electric wire shall b installed or connected without ob mining in each instance the written consent
of the Landlord. All such connections sb all be ins alled in accordance with the Landlord's
direction and witho t such direction no bo ' g or cuttin g for wires or pipes shall be permitted.
The Tenant will be equired to remain open or busines as follows:
a. Stalls shall be open for business at 11 rimes w ile the market is open to the public.
b. Year roun stands shall be open fc r business at all times while the market is open to the
public.
The plumbing facilities shall not be used for any o her purpose than that for which they are
intended, and no foreign substance of any kind shall be thrown therein, and the expense of any
breakage, stoppage or damage resulting from a violation of this provision shall be borne by the
Tenant.
The Tenant shall use at the cost of the Tenant I national recognized pest extermination
contractor.
The Tenant, its employees or agents, shall not mark, mint, drill or in any way deface any walls,
ceilings, partitions, floors, wood, stone or it n without the written consent of the Landlord.
Except as permitted in the lease to which se rules and regulations are annexed, the Tenant shall
not permit any cooling in the Leased Premi es without the written consent of the Landlord.
No aisle, sidewalk entry, passageway, eltvator or s aircase shall be obstructed or used by the
Tenant, its officers agents, servants, employees, con actors, customers, invitees or licensees for
any purpose other t ian ingress to and egres from the eased Premises.
The Tenant, its officers, agents, servants, a Tiployees, ontractors, customers, invitees or licensees
shall not bring in or take out, position, construct, install or move any safe or other heavy
equipment or Rumi ture without first obtair ing the consent in writing of the Landlord. In giving
such consent, the Landlord shall have the right in its sole discretion, to prescribe the weight
permitted and the position thereof, and 1he use and design of planks, skids or platforms to
distribute the wei irt thereof. All damage done to die City Market by moving or using any such
safe, heavy equipn Lent or fitmiture shall be repaired at the expense of the Tenant. The moving of
all equipment and I he furniture shall occur my during those hours when the City Market shall not
be open for busine s or any other time cons nted to by the landlord.
All persons entering and leaving the building in which the Leased Premises are situated must do
so during hours City Market is staffe by City M arket employees. The Landlord at its sole
discretion may determine the hours the Ci Market is staffed. Tenants shall register in books if so
required by the Landlord when accessing t e Market `after Market hours ". The Landlord is under
no responsibility for failure to enforce this le.
The Tenant shall n t place or cause to be p ced any additional locks upon any doors of the Leased
Premises without the approval of the La dlord an subject to any conditions imposed by the
Landlord.
No one shall use a Leased Premises for sleeping a artments or residential purposes, or for the
storage of person effects or articles othe than thos required for the purposes permitted by the
lease to which these rules and regulations a annexe
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
RULES AND
2
Subject to the Landl rd's providing such se ice, the Tenant shall permit window cleaners to clean
the windows of the Leased Premises from tir le to time and at reasonable times.
Any hand trucks, carryalls or similar appliar ces used in any building in the Shopping Centre shall
be equipped with rubber tires, side guards an such other safeguards as the Landlord shall require.
No animals or birds shall be brought into th Leased Premises except as permitted by the lease to
which these rules and regulations are annexe 1.
Except as permitted in the lease to which th(se rules d regulations are annexed, the Tenant shall
not permit the delivery of any food or bever ge to the Leased Premises without the approval of the
Landlord.
The Tenant shall t solicit business in th common areas or distribute any handbills or other
advertising matter ii i the common areas or it automobiles parked in the parking areas.
The Tenant may oidy sell merchandise th is approved by the Landlord through their lease or
otherwise.
The Tenant shall not keep or display any m rchandise on or otherwise obstruct the common areas
adjacent to the Leased Premises.
The Tenant shall not use or permit any of t le Leased remises to be used in such a manner as to
cause annoying noises or vibrations or offerl sive odour;.
The Tenant is resp nsible to remove garb ge from d ieir premises and deliver to the compactor
designated by the Landlord and to place the garbage in the compactor.
A set of plans must be presented and t e approva must be given by the landlord for any
improvements or painting, etc. to the stands (including signs).
Merchandise, displ ys, shelves, etc., are no to exceed the height of the bottom meat hook bars on
each stand.
No solid dividers are to be placed between a top and ottom meat hook bars.
Displays underneath the stands must be set ip 6" off tt e floor on legs or wheels so the floor can be
swept and washed own properly.
Covers are not to be placed over merchandise on stands without the prior approval of the
Landlord.
Signage is to be irl keeping with the historic character of the City Market and must meet the
following criteria:
Materials: A Vood and metal are cons idered to appropriate materials. Plastic may be used
provided that it locks like one of the accepi able materials. Internally- illuminated plastic faced box
signs will not be ac ceptable;
Number of Signs: Each tenancy w 11 be permitted one bench -top sign on each bench (7'-
0" length), or one projecting sign on each a sle -side th it identifies the business by name and type;
Bench -top Signs: 'These signs are the preferred primary form of signage. They must be
located Ito 2 inches above the top rail of the bench, and should display the business name. They
will consist of a 8' high by 6' -0" long nanow band of material with the lettering printed, painted,
composed of indiN idual raised letters, or lettering cut into the material and painted a contrasting
colour. The rear m iy not be used for signs a over ano Lher tenancy;
Projecting Signs: Projecting si may be use d and shall be constructed as two -sided
signs. They may only be located at a beJbpermitted post, and must be rigidly fastened in place. They shall
be vertical in proportion. The maximuze for pr ecting signs shall be 18" high x 12" wide.
Only one per tenancy per aisle side shal as Business identifications;
Lighted Signs: Not permitted;
Temporary Signs: Any number of signs adv C sing goods for sale, specials, etc. shall be
permitted. They ay not exceed 8.5" x 1 " in size, and must not excessively obscure the view
through the bench etween the first and las rail above the bench.
SCH
APPLICATION F
HEAD OFFICE OR PROPRIETORS NAME
E ^Dl°
R AGREEMENT
ACCOUNT RECEIVABLE NUMBER
STORE NAME AND NUMBER
DATE C
F LEASE
MONTHLY CHARGES
STORE ADDRESS
DATE OF LAST PAYMENT
HEAD OFFICE ADDRESS
BANK ACCOUNT NUMBER
TRANSIT NUMBER
BANK AND BRANCH
NAME IN WHICH ACCOUNT
STANDS IN BANK R
CORDS
SIGNING OFFICER SIGNATURE
REQU
I authorize
And /or
maintained with the financial
PAYMENT AUTHORIZATIC
'PLEASE ENCLOSEAN 1INSIGNED
EST FOR PRE-At
THORI2
D PAYMENTS
inafter referred to as the "Company'
the account of the undersigned
monthly, in accordance with the
monthly rentals as noted above.
YOUR BANK OR TRUST COMPANY"
(her
to debit
ted above,
of paying
EQUE FROM
institution indi
N below, for the purpose
SAMPLE Ch
�klJTH0R1ZAT10NT0H0N0
NAME OF BANK
RPAYMENTS
ADDRESS
You are hereby requested
another branch of your institution
behalf and made
by
and authorized to p
if it is tray
payable to
iy and debit my /our account at your office or at
ferred there; all cheques drawn on you on my
the Company or drawn on you
; and all amounts specified on any
requesting you to pay the Company of
is agreed that your treatment of each cheque
shall be the same as if it were signed by the
you to pay and credit such amount to the
re to pay shall give no liability on your part,
magnetic or computer
produced paper tares
In consideration of your
and /or tape and your rights
undersigned personally,
said Company Debiting
regardless of the loss or damage.
acting as aforesaid,
with respect to i
authorizing and requesting
my account and fail
If the financial institution indicated above is n t a bank in which THE BANK ACT OF CANADA
applies, "cheque" as unus d in this authorizatio shall incl de an "Order" that would be a cheque
within he meaning of section 165 in THE BILLS F EXCHA GE ACT (CANADA).
Any delivery of this authoozation to you will
(The signature appearing I below must be the
file of the financial institution identified above.)
DATE: I
by the undersigned.
as the signature appearing in the signature
AUTHORIZED SIGNATURES)
PROVINCE OF NEW BRUNSWICK
COUNTY OF
I,
JOHN
the Province of New Brunswick,
commissioned and swom, residing
HEREBY CERTIFY that on the
at the City of Sai t John, in the (
Brunswick, before me, personally c
named in the foregoing instrument
executed and
and purposes
ered the same as
n expressed and
_, a Notary Public in and for
Authority, duly appointed,
in the said Province, DO
of 2006
of Saint John and Province of New
and
for
wared Vera Bochar, the Lessee
vledged that she signed, sealed,
act and deed to and for the uses
IN TESTIMONY WHEREOF I, the
said Notary Public, have hereunto set
my hand and affixed my Notarial
Seal at the City of Saint John
aforesaid the day and year herein
above written.
ARY PUBLIC
VINCE OF NEW
NSWICK
A19
Forms of Conveyances Act, S.T' .B. 1980, c. 5 -12, s.2
The parties to this lease
The City of Saint John, having
its City Hall at
5 Market
Square, Saint John, New Brunswick, a
body corporate by Royal Charter,
confirmed and
amended
y Acts of the Legislative Assembly of
the Province of New Brunswick,
the "Lessor"
-and —
Vera Bochar, 47 Charlott
Street, Saint John, N
B, E2L 2117,
doing business under the name The
Baking Stone, the "Lessee"
The "Rules and Regulations"
attached hereto
Schedule
"D" and the Form attached hereto as
Schedule "D -1" form part
of this Lease.
The Lessor leases to the
essee the premises d
scribed in
Schedule "A" attached hereto on the
following conditions:
Duration:
5 years
Date of C
mmencement:
March 1,
2006
Date of Termination:
February
28, 2011
Payment
ates:
First day
of each and every month during
the term
hereof
Place of I
avment:
Cashier's
Office
This lease contains the
DATED
SIGNED, SEALED &
In the presence of
City Hall
Saint John, NB
and condition which ar� attached and set out in Schedule "C ".
THE CITY OF SAINT JOHN
N.M. MCFarlane, Mayor
J. Patrick Woods, Common Clerk
Commor Council Resolution:
, 2006.
Vera
d-
I
i�
3
O to
� Q
Z
K
A
0
.5,9'EZ
Z
J
O
U
(D
Z
J
J
� J
Q
(n J
Q
i
I
I
zl
�I
w I
U) I
WI
J I
a
Wl
1�
FQ
W
U
a
E
c
L
L"
W
5
z
U3
1
O �
O f
y
G
G t
w f
s p
J
m
w �•
a
5 � `
� � w
O I a
'v
Z
O l
C�
w
J
Q
U
O
I—
I—
O
cy-
z
W
Q
x
N
co
to
W
W
O
U
0