The Lease

The Lease

This is a copy of the lease for The Chelsea building. We advise you to review and to use a photocopy of your own lease if making a submission for any legal purpose.

ARTICLE 1 – DEMISE

1.01  WITNESSETH THAT in consideration of inter alia the covenants and agreements  hereinafter reserved and contained on the part of the Lessee to be observed and  performed, the Lessor hereby demises and leases unto the Lessee subject to the terms, covenants and conditions as herein after set forth, each of the Suites known by the suite numbers as more particularly set forth in Schedule A hereto and as each are shown on the the Explanatory Plans numbered as set forth in Schedule A hereto and filed at the Vancouver Land Registry Office on this day 16th of day of May, 1974 (hereinafter  called the “Suites”)   TOGETHER WITH the right in common with the Lessor and the  lessees of all suites in  the Building and all others having the like right to use for purposes  only of access  to and egress from the Suites, the entrance hall, staircases, corridors and  elevators in the Building and to use the laundry rooms and storage facilities (as  may be designated by the Lessor) in the Building for the purposes for which they are designed.

ARTICLE 2 - TERM

2.01 TO HAVE AND TO HOLD the same unto the Lessee for the term commencing  on the 1st day of May, 1974 and ending on the 31st day of December, 2073,  (hereinafter called the “Term”)

ARTICLE 3 – BASE YEAR

3.01   Note:  this section deals with the monthly maintenance fees for year 1974 only.  As the fees differ from building to building, we have removed the paragraph from this copy of the lease. 

ARTICLE 4 – LESSEE’S COVENANTS

The Lessee covenants with the Lessor:

Rent:

4.01 To pay rent:

Utility Charges:

4.02 To pay all charges for light and power supplied, provided to or made available for use in each of the Suites.

Repairs:

4.03 To repair and maintain each of the Suites including all doors, windows, walls, floors and ceilings thereof and  all bathtubs and toilets therein and to keep the same in a state of good repair, reasonable wear and tear and such damage as insured against. By the Lessor only excepted; to permit the Lessor, its agents or employees to enter and view the state of repair; to repair according to notice in writing except as aforesaid and to  leave each of the Suites in good repair except as aforesaid.

Waste and Nuisance:

4.04 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury or damage to any of the Suites or the Building or to any fixtures or appurtenances thereof,  or which may be or become a nuisance or interference to any other occupants of the Building.

Increase of Insurance Premiums:

4.05 Not to permit or suffer anything to be done or kept in any of the Suites which will increase the rate of fire insurance on the Building.

Compliance with Laws:

4.06 To comply with all requirements of all governmental authorities applicable to the  use and occupancy of each of the Suites and with all laws, ordinances, rules and  regulations of any governmental authority or of any Board of fire underwriters of  the Lessor’s insurance agents with respect to such use and occupancy.

Assignment or Subletting:

4.07 Not to assign, sub-let or part with possession of any of the Suites or any part thereof without the Lessor’s prior consent in writing, such consent not to be unreasonably withheld.  No such consent shall be required in the case of any Mortgage by way of Sub-Lease of any of the Suites hereof granted by the Lessee, or any assignee of the Lessee, favour of the Lessor.

Alterations:

4.08 Not to make or permit to be made any alteration in the construction or  arrangement of any of the Suites without previous written consent of the Lessor  not without like consent to cut, alter or injure any of the floors, walls, ceiling  timbers, wiring or plumbing to any of the Suites.

4.09 To use each of the Suites for the purposes of a private residence only

Entry by Lessor:

4:10  To permit the Lessor, its servants or agents to enter each of the Suites for the purpose of making any repairs, alterations or improvements to each of the Suites inconvenience, nuisance or discomfort occasioned thereby

Rules and Regulations:

4.11 To observe and perform the rules and regulations forming Schedule B hereto and  such further reasonable rules and regulations as the Lessor may from time to time  adopt and of which written notice shall have been given to Lessee.

ARTICLE 5 – LESSOR’S COVENANTS

The Lessor covenants with the Lessee:

Quiet Enjoyment:

5.01 For quiet enjoyment.

Heat:

5.02 To provide heat to all common areas of the Building and to each of the Suites  (unless any of the Suites contain or are equipped with an independent heating  system) to an extent sufficient to maintain a reasonable temperature there in at all  times except during the making of repairs.

The maintaining of structure:

5.03 To keep in good repair and condition the foundations, outer walls, roofs, spouts  and gutters of the Building, the common areas therein and the plumbing, sewage  and electrical systems therein.

To Light, Heat and Cleaning:

5.04 To keep the entrances, halls, staircases, corridors, and other like areas in the  Building clean and properly lighted, heated and the elevators properly lighted and  in good working order.

To Provide Staff:

5.05 The Lessor shall provide or engage the services of such staff as may be requisite  for the proper care and servicing of the Building.

Taxes:

5.06 To pay taxes.

Elevators:

5.07 To provide passenger elevator service except during the making of repairs.

Fire Insurance:

5.08 To keep the Building insured against loss and damage by fire, lightning or  tempest or any additional peril defined in standard fire insurance additional peril  supplemental contract which insurance to the best of the ability of the Lessor shall  be to the full insurable value of the Building excluding foundations and  excavations.

Public Liability Insurance:

5.09  To maintain a policy or policies of general public liability insurance against claims for bodily injury, death or property damage arising out of the use and occupancy of the Building in such amount as the Lessor may from time to determine.

Cablevision:

5:10 To the extent that the service is available to provide cable vision and front door  intercommunication service to Suites in the Building.

Prior Charge:

5:11 To observe and perform all the terms, covenants, provisions and agreements contained in any prior charge and without, restricting the generality of the foregoing, to make all payments of money required to be made  thereunder  their due dates. Prior charge shall include any mortgage now constituting a  charge upon the Lands and Building.

ARTICLE 6 – INTERRUPTION OF SERVICES

6.01 The Lessor does not warrant that any service or facility provided by it in  accordance with the provisions of this will be free from interruption by reason of  causes beyond the reasonable control of the Lessor including without limiting the  generality of the foregoing, maintenance, repairs, renewals, modifications, strikes,  riots, insurrections, or disputes, accidents, fuel shortages, government  intervention, force majeure and Acts of God.  No such interruptions shall be  deemed to be a disturbance of the Lessee’s enjoyment of any of the Suites nor  render the Lessor liable to injury or in damages to the Lessee nor relieve the  parties from their obligations under this Lease.

ARTICLE 7 – OPERATING EXPENSES

Definition of Operating Expense:

7.01 “Operating Expenses” in this Lease means the total amount paid or payable by the Lessor in the performance covenants herein contained (save and except those contained in Article 5.11) and includes but  without restricting generality of the foregoing the amount paid or payable by the  Lessor in connection with the maintenance, operation and repair of the Building,  expenses in heating the common areas of the Building and each of the Suites therein, less any of the Suites are equipped with their own individual and  independent heating system in which event they shall be payable by the Lessee of any such suite.), and providing hot and cold water, elevator maintenance, electricity, window cleaning, fire, casualty liability and other insurance, utilities, service and maintenance contracts with independent contractors or property  managers, water rates and taxes, business licences, janitorial service, building maintenance service, resident manager’s salary (if  applicable) and legal and accounting charges and all other expenses paid or incurable by the Lessor in connection with the Building, the common property therein or the Lands. “Operating Expenses” shall not include any amount directly chargeable by the Lessor to any Lessee or LesseesThe Lessor agrees to exercise prudent and  reasonable discretion in incurring Operating  Expenses,  consistent with its duties hereunder.

Estimate of Operating Expenses:

7.02 Prior to commencement of each calendar year during the Term other than the  Base Year, the Lessor shall forward to the Lessee an estimate of the Operating  Expenses for such calendar year based on prior years experience and the Lessee  shall pay to the Lessor on the first day of each and every month during such calendar year, One-Twelfth (1/12th ) of the Lessee’s share of such estimated  Operating Expenses.

Actual Operating Expenses:

7.03 In the event that the actual Operating Expenses in any calendar year exceed the  estimated Operating Expenses for the calendar year, the Lessee agrees to pay,  within Thirty (30) days of written demand by the Lessor the Lessee’s share of such excess, and in the event that the actual Operating Expense in any calendar year is less than the estimated Operating Expenses for that year, the Lessee’s share of operating expenses for the following year shall be reduced accordingly.  The actual Operating Expenses shall be calculated by the Lessor for each calendar  year and shall be clarified by the auditors of the Lessor in accordance with  generally accepted accounting principles.

Definition of Lessee’s Share:

7.04 “Lessee’s Share” in this Lease means the ratio which the area of each of the suites  bears to the total area of all suites in the Building, which ratio is hereby agreed  to be in percentage terms and as applicable to each suite as set forth in Schedule A  hereto.

ARTICLE 8 - PROVISOS

Provided always and it is hereby agreed as follows:

Damage by Fire:

8.01 In the event of damage to the Building by fire or other casualty against which the  Lessor has covenanted to insure, the Lessor agrees that it will with reasonable  diligence repair the Building or the part thereof so damaged to the extent of the  proceeds payable in respect of the insurance therefore.

Performance of Lessees Covenants:

8.02 If the Lessee shall fail to perform any covenant or condition of this Lease on his  part to be performed, the Lessor may (but shall not be obligated so to do) perform  such covenant or condition as agent of the Lessee and all amounts paid by the  Lessor in respect thereof and all costs, damages and expenses suffered or incurred  by the  Lessor in respect thereof shall be due  and payable by the Lessee to the  Lessor on demand as rent and the Lessor may exercise any remedy in respect of  the recovery of any such amounts as it might for rent in arrears.

Rent Arrears:

8.03 Any installment of rent or monies payable as rent not paid on the due date  shall without prejudice to any other rights of the Lessor arising from such breach bear  interest from the due date at the rate of Ten (10%) per annumor such rate as may  from time to time be prescribed by the Lessor until  paid.

Proviso for Re-entry:

8.04     Proviso for re-entry by the Lessor on non-payment of rent or non-performance of  covenants.

Non-Waiver:

8.05 No condoning, excusing or overlooking by the Lessor of any default, breach or  non-observance by the Lessee at any time or times in respect of any covenant, proviso or condition herein contained shall operate as a waiver of the Lessor’s rights  hereunder in respect of any continuing or subsequent default, breach or non-observance of or so as to defeat or affect in any way the rights of the Lessor herein  in respect of any such continuing or subsequent or breach and no waiver shall be inferred from or implied by anything done or omitted by the Lessor save express waiver in writing.  All rights and remedies of the Lessor in this  Lease contained shall be cumulative and not alternative.

Overholding:

8.06 If the Lessee shall continue to occupy any of the Suites after the expiration of this  Lease, and the Lessor shall accept the new tenancy thereby created shall be deemed to be a monthly tenancy and shall be subject to the covenants and conditions contained in this Lease insofar  as the same are applicable in a tenancy  from month to month  SAVE AND EXCEPT that the rental payable shall be as  determined by the Lessor.

Waiver of Subrogation:

8.07 Not withstanding anything in the contrary herein contained, the Lessor hereby  releases the Lessee from any and all  liability or responsibility to the Lessor or  anyone claiming through or under the Lessor by way of subrogation otherwise for  any less or damage to property caused by fire or any of the extended coverage  casualties insured against, even if such fire or other casualty shall have been  caused  by the fault or negligence of the Lessee or anyone for whom the Lessee  may be responsible.  PROVIDED HOWEVER this release shall be applicable and  in an effect only with respect to loss or damage occurring during such time as the  Lessor’s insurance policy shall contain a clause or endorsement to the effect that  any such release shall  not adversely affect or impair such in such insurance   policies or prejudice the right of the Lessor to recover thereunder.  The Lessor  agrees that it will request the  Lessor’s  insurance carriers to include in each of the  Lessor’s policies a suitable clause or endorsement  commonly known as a waiver  of subrogation endorsement.

Lease Subordinate:

8.08 This Lease is and shall be subject: and subordinate to any prior charge constituting a charge, lien or mortgage upon the Lands and Building.

ARTICLE 9 – DEFINITION  -  TAXES

9.01 “Taxes” in this Lease shall mean all taxes, rates, local improvement rates, duties, charges, levies and assessments of every nature and kind whatsoever, whether   municipal, provincial, federal or otherwise now charged or hereafter to be charged  upon or against the Lands and the Building or with the respect to the use and  occupancy of the Lands and the Building or the improvements, equipment,  machinery and fixtures brought therein or appertaining thereto.

ARTICLE 10 – SEPARATE LEASES

10.01 It is hereby declared and agreed between the parties hereto that each of the Suites    shall be held during the term separately from and independently of the other  Suites and shall not be affected by the breach of any of the covenants, stipulations or conditions  herein contained in respect of any others or other of the Suites and according each suite shall be held during the Term with the benefit of all rights  and privileges  appurtenant thereto as if suite had been demised to separate lessees  by separate leases in the form of this Lease.

ARTICLE 11 - NOTICES

11.01 Any notice required or contemplated by this Lease shall be sufficiently given by  personal delivery or by registered letter, postage pre-paid and mailed to the address of the party to whom such notice is to be given at the address such  party as given in this Lease or to such other address as either party may notify the other of in writing, during the term hereto and any such notice shall be effective  and shall be conclusively deemed to have been received as of the day of such personal delivery or as of the second business day after the day of such mailing.

ARTICLE 12  -  INTERPRETATION

12.01 The headings to the Articles and clauses of this Lease are for convenience only  and shall not constitute  a part  of this Lease.  The definition of any words used  in any Article of this Lease shall apply to such words when used in another Article hereof wherever the context is consistent.

ARTICLE 13 – BINDING ON HEIRS, ETC.

13.01 This Lease and everything herein contained shall endure to the benefit of and be  binding upon the heirs, executors, administrators, successors, assigns and other  legal  representatives as the case may be of each of the parties and every  reference herein to any party shall include the  heirs, executors, administrators,  successors, assigns or legal representatives of such party and where there is more  than one (1) Lessee or there is a female party, or corporation, the provisions hereto  shall be read with all grammatical changes thereby rendered necessary and all  covenants shall be deemed joint and several.

IN WITNESS WHEREOF  the Lessor and Lessee have duly sighed and executed these present at the City of Vancouver, of the day, month and year first above written.

The Corporate Seal of the Lessor

name of lessor 

Was hereunto affixed in the presence of:



This section contains the names of the lessor’s principals and the law firm they used   -

  

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