This document shall be the Offer to Lease between:
OFFER
TO LEASE
This
document shall be the Offer to Lease between:
|
LANDLORD:
|
1141648
ONTARIO LIMITED
|
|
TENANT:
|
SOLAR
ROOFING SYSTEMS INC.
|
|
PROPERTY:
|
000
XXXXXX XXXXXX, XXXX # 0, XXXXXX, XXXXXXX
|
| TO: |
1141648
ONTARIO LIMITED (Landlord)
|
| WE: |
SOLAR
ROOFING SYSTEMS INC. (Tenant)
|
hereby
offers to lease from the Landlord, through Royal LePage Your Community
Realty
and its agent, Xxxxxx Xxxxx, ("Agent") upon the following terms and conditions,
approximately 9,593 (nine thousand, five hundred and ninety three) square
feet of rentable area (herein referred to as the "Unit # 1"
) (the
"Premises") located
at 000 Xxxxxx Xxxxxx, Xxxx # 0
Xxxxxx,
Xxxxxxx with Xxxxxx Street frontage
attached hereto as Schedule "A" of this Offer.
| 1. |
Term:
|
The
Term
of the Lease (herein after referred to as the "Term") shall be for a
period
of
36 (thirty six) months. Landlord and Tenant agree that the Tenant's Lease
shall commence MARCH lst,
2004
and run through to and include FEBRUARY 28th,
2007.
| 2. |
Use:
|
The
Premises shall be used for general offices, showroom, manufacturing and
warehouse
distribution .
| 3. |
Schedules:
|
It
is
agreed by all parties to this Offer that the following Schedules form part
of
this Offer to Lease and Lease:
Schedule
"A"
-
the
'"Premises" of the subject space;
Schedule
"B"
-
the
completed condition of the Premises as provided
by the Landlord;
Schedule
"B"(i)
-
truck door location;
| 4. |
Legal
Advice:
|
The
parties to this herein Offer to Lease acknowledge that Royal LePage Your
Community
Realty, Realtor and its agent advises and recommends that they obtain
legal
advice, tax advice, and any other pertinent information from their own legal
counsel,
accountants, engineers or any other advisory counsel prior to the execution
of this Agreement. Royal LePage Your Community Realty, Realtor and its
agent
further declare that no information provided by them is to be construed
as
legal,
tax, environmental or engineering advice.
PAGE
1 of 13
OFFER
TO LEASE
This
document shall be the Offer to Lease between:
|
LANDLORD:
|
1141648
ONTARIO LIMITED
|
|
TENANT:
|
SOLAR
ROOFING SYSTEMS INC.
|
|
PROPERTY:
|
000
XXXXXX XXXXXX, XXXX # 0, XXXXXX, XXXXXXX
|
| 5. |
Agency:
|
The
parties to this transaction hereby acknowledge that Royal LePage Your
Community
Realty, Realtor through its agent is in a Dual Agency relationship, by
representing both the Landlord and Tenant with regard to the property known
municipally
as 000 Xxxxxx Xxxxxx, Xxxx "0" Xxxxxx, Xxxxxxx. The Landlord and Tenant
have acknowledged before entering into any offer negotiations, and consenting
to the Dual Agency relationship hereby release Royal LePage Your Community
Realty and its agent, Xxxxxx Xxxxx from any duties of confidentiality regarding
this transaction.
| 6. |
Lease:
|
| (a) |
This
Offer and the acceptance thereof, shall constitute a binding agreement
by
the
parties to enter into the Lease of the Premises. The Lease shall
be drawn
by
the Landlord with amendments thereto which may be required to reflect
the
provisions
of this Offer. In the event that the terms of this Offer conflict
with
the
terms of the Lease, the terms of this Offer shall prevail to the
extent of
such
conflict and the Parties hereto shall be governed by the terms and
conditions
herein contained.
|
| (b) |
The
heirs, executors, administrators, successors and assigns of the
undersigned are
bound by the terms hereof. This Agreement shall be read with such
changes
of gender or number as may be required by the
context.
|
| (c) |
Upon
execution of this Offer, the Lease of the premises shall be delivered
by
the Landlord's solicitor to the Tenant's solicitor. The Lease shall
incorporate all the terms and conditions agreed to in this Offer.
It is
further agreed by all parties
to this agreement that the Lease of the premises shall be executed
within
60 days of receipt by the Tenant.
|
| (d) |
The
Tenant acknowledges and agrees that it is intended that the Lease
shall be
a
completely care-free net lease to the Landlord, and, except as expressly
set out in this Offer and in the Lease, the Landlord is not responsible
during the Term
for any costs, charges, expenses and outlays of any nature whatsoever
arising
from or relating to the Leased premises or the use and occupancy
thereof
or the contents thereof, or the business carried on therein, and
the
Tenant
shall pay all charges, impositions, costs and expenses of any nature
or
kind
relating to the Leased Premises excepting capital costs and the
Landlord's
income tax expenses which are the responsibility of the
Landlord.
|
| 7. |
Renewal
Options:
|
Upon
at
least THREE (3) months and not more than SIX (6) months prior
written notice to the Landlord prior to the expiry of the initial term of
the Lease, and provided the Tenant is not in default under the terms of the
Lease, the Tenant shall have ONE (1) further term of up to THREE (3) years
of renewal on the same terms and conditions as the Lease, save as to any
further Option to renew and save and except as to the total Minimum (Base)
rent during such renewal term. The Landlord agrees that the Minimum (Base)
Rent for the renewal term shall be set at the then current market rate at
the time of said renewals, for comparable industrial space in the Town of
Aurora but shall not be less than the Minimum (Base) Rent of the last year
of the Tenant's term. After the Tenant exercises its option to renew, if the
Landlord and Tenant cannot mutually agree upon the Minimum (Base) rent within
thirty (30) days prior to the expiry date of the initial term, Tenant shall
be
allowed to revoke its renewal option or upon the mutual consent of the Landlord
and Tenant at an equally shared cost, the Minimum (Base) Rent shall be
determined pursuant to the terms of the Arbitration Act of Ontario, or any
successor legislation within a thirty (30) day period of agreement to proceed
with arbitration.
PAGE 2 of
13
OFFER
TO LEASE
This
document shall be the Offer to Lease between:
|
LANDLORD:
|
1141648
ONTARIO LIMITED
|
|
TENANT:
|
SOLAR
ROOFING SYSTEMS INC.
|
|
PROPERTY:
|
000
XXXXXX XXXXXX, XXXX # 0, XXXXXX, XXXXXXX
|
| 8. |
Subletting
of the premises:
|
| (a) |
The
Tenant shall be allowed to assign, sublet or part with the possession
of
the leased premises or any part thereof during the Tenant's term
of the
Lease and any of its renewal options, with the prior written
consent of the Landlord. Such consent shall not unreasonably
or
arbitrarily withheld and/or delayed. In the event that the Tenant
assigns
or sublets the leased premises such assignment or subletting shall
not
release or relieve the Tenant from its' obligations to fully perform
all
of the terms, covenants and conditions of the
Lease.
|
| (b) |
It
is further agreed that upon the mutual written consent of the Tenant
and
Landlord, that any of the Tenant's space which may become available
for
lease by the Tenant, may be returned to the Landlord to lease in
his sole
discretion. The Lease shall be amended with the relative changes
to
incorporate this paragraph and
section.
|
|
(c)
|
It
is further agreed that if the Tenant finds a suitable Sub tenant
for any
of it's space, if mutually agreed upon, the Landlord at his discretion,
and with the written consent of the Tenant, may enter into a
direct lease with the new Tenant. The Lease shall then he amended
with the
relative changes to incorporate this paragraph and
section.
|
| 9. |
Rent,
Deposit monies and additional
rent:
|
| (a) |
Tenant
agrees to remit rent payments to the Landlord on the 1st day of
each and every month of the Tenant's Lease and its renewal options.
Such
remittance shall be either electronic bank transfer or post-dated
cheques
(if cheques, the Tenant agrees to submit same to the Landlord each
and
every year on the anniversary date of the
lease).
|
| (b) |
Tenant
acknowledges that the "Additional Rent" also referred to as T.M.I.
(realty
taxes including business taxes, maintenance including grass cutting
and
snow plowing, and insurance) at the time of this Offer to Lease was
estimated to be $1.60 (one dollar and sixty cents) per square foot
for
2003 and is subject to adjustment upon assessment of the completed
property by the Town of Aurora.
|
| (c) |
It
is agreed that the Tenant's "Additional Rent" (T.M.I.) shall be calculated
on the Tenant's proportionate share of the building and proportionate
share of the maintenance of the
"Property".
|
| (d) |
Landlord
agrees to provide the Tenant with an accounting of the calculation
of the
Tenant's proportionate share of "Additional Rent" (T.M.I.) upon initial
assessment of same, then semi-annually, or in the event of an adjustment
to the taxes and/or insurance, a copy of said adjustment within 14
days of
receipt of same by the Landlord.
|
PAGE 3 of
13
OFFER
TO LEASE
This
document shall be the Offer to Lease between:
|
LANDLORD:
|
1141648
ONTARIO LIMITED
|
|
TENANT:
|
SOLAR
ROOFING SYSTEMS INC.
|
|
PROPERTY:
|
000
XXXXXX XXXXXX, XXXX # 0, XXXXXX, XXXXXXX
|
|
|
(e)
|
Landlord
and Tenant agree that the Tenant's Lease shall commence MARCH
1st, 2004 and run through and include FEBRUARY 28th,
2007 but the Tenant shall have Minimum (Base) rent free occupancy
from the
waiver of all conditions and receipt of deposit monies, in this offer
to lease for Tenant's fixturing to the Premises. Landlord and Tenant
agree
that the Tenant shall pay, over and above the Minimum (Base) rent
to the
Landlord, T.M.I. and all applicable G.S.T. for the term of the
Tenant's lease and any renewal options thereof commencing Feb 1,
2004. Tenant shall pay utilities from date of occupancy to the end
of the
term.
|
| (f) |
Landlord
and Tenant agree that if the Landlord's work is not completed in
the
Premises
at the time of waiver of all conditions, the tenant shall be allowed
to have
partial occupancy of the offices for fixturmg. The T.M.I. and utilities
shall
be pro-rated to the partial occupancy until the Landlord's work is
completed.
|
| (g) |
Landlord
and Tenant agree that the Minimum (Base) rent shall be net and
carefree
to the Landlord and shall be exclusive of all T.M.I. Tenant shall
pay
all
expenses over and above the Minimum (Base) rent herein provided for,
which
shall be collected as "Additional
Rent".
|
| (h) |
Landlord
and Tenant agree that the deposit cheque submitted with this Offer
to
Lease shall have the deposit money designated from "first month
of the
Lease"
directed toward first rents
due.
|
| (i) |
The
Tenant covenants that all rents from the commencement of the
Lease term
will
be paid and continue to be paid prior to the execution of the
Lease.
|
| 10. |
Calculation
of deposit monies:
|
|
(a)
|
Landlord
and Tenant agree that the rental for the term of the Lease shall
be as
follows:
|
Year I $
5.00
per sq. ft. Minimum (Base) rent
Year
II
$
5.00 per
sq. ft. Minimum (Base) rent
Year III
$
5.25
per sq. ft. Minimum (Base) rent
|
(b)
|
Landlord
and Tenant agree that the Tenant's leased space shall be calculated
on
9,593 square feet and shall be subject to re-measurement within 30
days of
the
completion of the Tenant's Unit. The Landlord and Tenant, if mutually
agreed,
may measure the Tenant's space together upon completion of the
demising
of the unit and at that
time, agree upon the square footage. In the event
that agreement cannot be reached, the method of measuring square
feet
shall
be that adopted by the Canadian Institute of Quantity Surveyors or
a
Certified
Architect, whichever is agreed upon by both the Tenant and Landlord.
At the time of measurement, the calculation of the square footage
for
rents shall be calculated and adjustment of rents made to the date
of
occupancy
by the Tenant.
|
YEAR
I & II OF THE LEASE:
9,593
sq.ft. x $ 5.00 per sq.ft. Minimum (Base) rent.
=
$47,965,00 per annum
= $
3,997.00 per month
PAGE 4 of
13
OFFER
TO LEASE
This
document shall be the Offer to Lease between:
|
LANDLORD:
|
1141648
ONTARIO LIMITED
|
|
TENANT:
|
SOLAR
ROOFING SYSTEMS INC.
|
|
PROPERTY:
|
000
XXXXXX XXXXXX, XXXX # 0, XXXXXX, XXXXXXX
|
|
9,593
sq.ft. x $1.60 per sq.ft. T.M.l.(estimate)
|
=
|
$
|
15,348.30
|
per
annum
|
||||||
|
|
=
|
$
|
1,279.00
|
per
month
|
||||||
|
TOTAL
ANNUAL GROSS RENT
|
=
|
$
|
63,313.80
|
|||||||
|
7%
G.S.T.
|
=
|
$
|
4,431.96
|
|||||||
|
TOTAL
ANNUAL GROSS RENT
|
=
|
$
|
67,745.76
|
|||||||
|
TOTAL
MONTHLY BASE RENT
|
=
|
$
|
5,645.48
|
|||||||
|
YEAR III
OF THE LEASE:
|
|
|||||||||
|
9,593
sq.ft. x $ 5.25 per sq.ft. Minimum (Base) rent
|
=
|
$
|
50,363.25
|
per
annum
|
||||||
|
=
|
$
|
4,196.93
|
per
month
|
|||||||
|
9,593
sq.ft. x $1.60 per sq.ft. T.M.I.(estimate)
|
=
|
$
|
15,348.80
|
per
annum
|
||||||
|
=
|
$
|
1,279.00
|
per
month
|
|||||||
|
TOTAL
ANNUAL GROSS RENT
|
=
|
$
|
65,712.05
|
|||||||
|
7%
G.S.T.
|
=
|
$
|
4,599.84
|
|||||||
|
TOTAL
ANNUAL GROSS RENT
|
=
|
$
|
70,311.89
|
|||||||
|
TOTAL
MONTHLY BASE RENT
|
=
|
$
|
5,859.32
|
**NOTE:
The estimate of the T.M.I. amount in the above is for calculation purposes
only.
| (c) |
The
deposit calculated on the first month of the first year's rent and
the
last 2 months'
of the last year of rent is to be held by the Landlord without interest
as
security for the faithful performance by the Tenant of all
the terms, covenants
and conditions of this Offer and after execution of the Lease to
be
applied
against the first month's Minimum (Base) Rent, the last month's
Minimum
(Base) Rent, and the balance to be held by the Landlord as a security
deposit.
|
Total
deposit monies submitted to Royal LePage Your Community Realty (to be
held
in
trust) upon the waiver of all conditions of this Offer to Lease are as
follows:
|
first
month's rent (T.M.I. + G.S.T.) included
|
$
|
5,645.48
|
||
|
last
month's rent (T.M.I. + G.S.T.) included
|
$
|
5,859.32
|
||
|
last
month's rent (T.M.I. + G.S.T.) included
|
$
|
5.859.32
|
||
|
$
|
17,364.12
|
| 11. |
Insurance:
|
| (a) |
The
Tenant agrees to maintain, at its'
own expense, normal Tenant insurance covering
Tenant's contents and liability for its business operations on the
Premises.
A copy of the insurance with the Landlord/Mortgagee indicated as
a
named
insured, shall be submitted to the Landlord by the Tenant. Liability
coverage
shall not be less than two million Canadian dollars. ($2,000,000
Cdn.).
|
PAGE
5 of
13
OFFER
TO LEASE
This
document shall be the Offer to Lease between:
|
LANDLORD:
|
1141648
ONTARIO LIMITED
|
|
TENANT:
|
SOLAR
ROOFING SYSTEMS INC.
|
|
PROPERTY:
|
000
XXXXXX XXXXXX, XXXX # 0, XXXXXX, XXXXXXX
|
| (b) |
The
Landlord shall carry all risk insurance coverage for the Leased Premises.
Tenant shall pay it's proportionate share of the Landlord's insurance
premium in
the "Additional Rent" or T.M.I.
|
| (c) |
Before
the Tenant shall be entitled to or permitted to enter into possession
of
the Leased Premises, the Tenant shall deliver to the Landlord a
certificate or certificates
of insurance as referred to in this Section (a) of this Offer to
Lease.
|
| 12. |
Utilities:
|
| (a) |
The
Tenant shall pay its'
own hydro, gas, water, heating cost, air conditioning costs,
security monitoring costs, cable costs and all other services and
utilities as
may be provided to the leased premises. The Tenant shall, for the
term of
its lease
and any of its' renewal options arrange with the local authorities
for
connection
of any and all utilities in the name of the
Tenant.
|
| (b) |
The
Landlord and Tenant agree that any and all air conditioning units,
gas
furnace,
plumbing, existing hydro panels, thermostats, floor drains and any
other
utilities and mechanicals in the Tenant's leased premises are in
a state
of
good repair and working as of the date of occupancy and five 5 (five)
business
days thereafter.
|
| (c) |
The
Landlord agrees that the Tenant shall have it's own gas, hydro and
water
meter
along with its own air conditioning and heating unit in the offices,
and
that
said utilities shall not be shared with any other
tenants.
|
| (d) |
Landlord
and Tenant agree that the servicing and maintenance of the mechanical
units during the term of the Tenant's Lease and any of its renewal
options, shall be provided by the Landlord and shall be included
in the
T.M.I. and
collected as "Additional Rent". Landlord and Tenant agree that in
the
event
of total failure of same requiring replacement, the Landlord shall
incur
this as a capital cost, at his sole expense provided that such failure
is
not the result
of misuse or negligence of the
Tenant.
|
|
(e)
|
In
the event that a mechanical unit which was the property of the Landlord
on
the date of occupancy continues to fail at least 3 times within a
6 (six)
month period,
and requires repair costs over $600.00 per repair, the Landlord and
Tenant
shall each have the right to receive up to 2 assessments from qualified
engineers
or licensed maintenance companies, on replacing the Unit or continuing
to maintain said unit. If the majority of the reports indicate
replacement,
then the Landlord shall replace the Unit at his sole cost as a
capital
expense. It is further agreed that upon written notification by Tenant
to
Landlord
of said Unit failure, Tenant and Landlord agree to have assessments
completed
within five (5) business days of receipt of Landlord's notification
and
replacement or repair of unit at Landlord's cost, completed within
10
business
days of receipt of assessment reports.
|
| (f) |
Where
applicable, the Landlord shall notify the Tenant of available
extended
warranty
and/or insurance coverage for mechanical units and service
contracts.
The
Tenant shall be allowed to purchase said coverage at Tenant's
sole
discretion
and cost.
|
PAGE
6 of
13
OFFER
TO LEASE
This
document shall be the Offer to Lease between:
|
LANDLORD:
|
1141648
ONTARIO LIMITED
|
|
TENANT:
|
SOLAR
ROOFING SYSTEMS INC.
|
|
PROPERTY:
|
000
XXXXXX XXXXXX, XXXX # 0, XXXXXX, XXXXXXX
|
| 13. |
Leasehold
Improvements:
|
| (a) |
The
Tenant shall have the reasonable right to make alterations and
installations
at its' own expense from time to time during the term of the Lease,
any of its' renewal options or any renewal thereof, provided it has
the
prior
written consent of the Landlord, which consent is not to be unreasonably
withheld
or delayed, and provided further that any and all alterations and
installations
to the Leased premises shall be at the sole option and expense of
the
Tenant. Tenant shall be responsible for all permits and approvals
for any
and
all repairs and alterations to its' leased premises and agrees that
all
said repairs
and alterations shall be done in good workmanlike
manner.
|
| (b) |
Landlord
agrees that the Tenant shall have the right at the end of the term
to
remove
the tenant's CHATTEL improvements provided that the Tenant restores
the
Premises to their current condition as of the date of occupancy and
to the
Landlord's
sole satisfaction.
|
| 14. |
Signs:
|
The
Tenant shall have the right at the Tenant's sole expense to install signs to
identify
the Tenant's business on the front of the building where "Delco" previously
had it's signage. Tenant agrees to submit signage design for the Landlord's
approval, such approval may not be arbitrarily or unreasonably withheld
and subject to all Municipal by-laws having jurisdiction thereto. All
signage
shall be with the Landlord's prior approval as to size and location, not to
be
unreasonably withheld. The Tenant may use its corporate colours and design
on
all
signage.
| 15. |
Maintenance
and Repair:
|
| (a) |
The
Landlord shall maintain and repair, as would a prudent owner of a
similar
building
(having regard to age, size and location), the roof (as a capital
improvement),
the structure of the building including, without limitation, the
foundations,
exterior walls and structural beams and parking lot (as a capital
improvement) at
the Landlord's
expense, provided that such repairs or maintenance are not caused
by
the negligence, carelessness or misuse of the Tenant, his equipment
or his
servants or invitees.
|
| (b) |
The
Tenant, in his "Additional Rent" shall at all times during the term
of the
Lease
and any of its renewal options, be responsible for it's
proportionate share
of maintenance and repair of the Premises including entrances, glass,
partitions,
doors and fixtures, overhead doors, walls, plumbing, ceilings,
floors,
hydro panels, floor drains and thermostats, all mechanical Units
and
utilities
located in or upon the Tenant's leased premises (Unit #
1). The
Tenant's
"Additional Rent" shall also be applied to its' proportionate share
of
all
snow removal, landscaping and grass cutting, continuing to keep
landscaping
and driveways, clean and tidy and in a good stale of
repair.
|
| 16. |
Tenant's
Conditions:
|
This
Offer is conditional for three (3) business days after execution of this Offer
upon
the
Tenant receiving Board of Directors approval for the herein lease of the
Premises.
Unless the Tenant gives notice in writing to the Landlord on or before
3:00
p.m.
of the final day of the condition that this condition has not been fulfilled,
this Offer shall become null an void. This condition is included for the
sole
benefit of the Tenant and may be waived at its' option by notice to the
Landlord
within the conditional time.
PAGE
7 of
13
OFFER
TO LEASE
This
document shall be the Offer to Lease between:
|
LANDLORD:
|
1141648
ONTARIO LIMITED
|
|
TENANT:
|
SOLAR
ROOFING SYSTEMS INC.
|
|
PROPERTY:
|
000
XXXXXX XXXXXX, XXXX # 0, XXXXXX, XXXXXXX
|
| 17. |
Landlord's
Conditions:
|
This
Offer is conditional for (3) business days after execution of this Offer upon
the
Landlord satisfying himself to his sole discretion, as to the credit worthiness
of the
Tenant. Tenant shall provide Landlord with all necessary bank information and
company information for said credit check upon execution of this Offer.
Unless
the Landlord gives notice in writing to the Tenant on or before 3:00 p.m.
of
the
final day of the condition that this condition has notbeen
fulfilled, this Offer
shall become null an void. This condition is included for the sole benefit
of
the
Landlord and may be waived at its' option by notice to the Landlord within
the
conditional
time. Failing said condition all deposit monies shall be returned to the Tenant
without interest or penalty.
| 18. |
Completed
Condition of the Premises for
Tenant:
|
The
Landlord shall provide the Premises to the Tenant as per Schedule "B" of
this
Offer, attached hereto and forming part of this Offer to Lease and
Lease
| 19. |
Additional
Space Option:
|
| (a) |
Landlord
covenants that the Tenant shall have the first right to lease any
additional space on the Property located at 000 Xxxxxx Xxxxxx, Xxxxxx
which
may become available during the term of his Lease and any of its
renewal
options, under the same terms and conditions as the Tenant's current
lease save for the Minimum (Base) rent which is to be negotiated
at
the time of the Offer to Lease. Said option shall also include 000
Xxxxxx
Xxxxxx which at the time of this offer was leased to Instachange
Displays
Limited. This option shall be agreed to if no other Tenant has
been
given the same option. The Landlord covenants to notify the Tenant
in
writing of
any such available space. The Tenant shall have 4 (four) banking
days from such notice by the Landlord to notify the Landlord in
writing,
of
his intent to lease said additional space offered to the Tenant.
If the
Tenant's notice in writing is not received within 4 (four) banking
days,
the Landlord may proceed with the lease of the
space.
|
| (b) |
Landlord
and Tenant agree that should the Tenant exercise his option for
additional
space, such option would be incorporated as an amendment to the
Offer to Lease and Lease.
|
| 20. |
Rebates:
|
The
Landlord agrees should there be any rebates from the government. Ontario
Hydro,
or
any municipal or regional authorities, or related enery commission authorities
due to the tenant's nature of its business as an alternate source of
energy,
shall be credited to the Tenant.
| 21. |
Parking:
|
Landlord
agrees that the Tenant shall have 5 parking spaces in the front of the
building
for its use. Said parking area shall be shared with Unit #2, (currently
Chant
Construction) who also have 5 parking spaces in the front. All additional parking
shall be at the side and rear of the building known as 000 Xxxxxx Xx.,
Xxxxxx.
PAGE
8 of
13
OFFER
TO LEASE
This
document shall be the Offer to Lease between:
| LANDLORD: |
1141648
ONTARIO LIMITED
|
| TENANT: |
SOLAR
ROOFING SYSTEMS INC.
|
| PROPERTY: |
000
XXXXXX XXXXXX, XXXX # 0, XXXXXX, XXXXXXX
|
parking
shall be at the side and rear of the building known as 000 Xxxxxx Xx.,
Xxxxxx.
| 22. |
Electronic
Transmission:
|
The
Landlord and Tenant agree that the acceptance, refusal or manipulation of this
Agreement
can be transferred by FAX transfer, or similar electronic transfer, and that
communication by such means will be legal and binding.
IRREVOCABLE:
This
Offer to Lease is irrevocable until 3:00 p.m. on 9th JANUARY,
2004 after which
if
not accepted, it will become null and void.
TENANT:
With
authority, the undersigned hereby execute this Offer to Lease:
Dated
at
Aurora this 6 day of December 2003.
| SIGNED,
SEALED and
DELIVERED in the presence of: |
)
)
|
||
| ) | |||
 |
)
)
)
|
Per
|
 |
| ) |
SOLAR
ROOFING SYSTEMS INC.
|
||
| ) | |||
|
|
) |
Per
|
|
| ) |
SOLAR
ROOFING SYSTEMS
INC.
|
||
| ) |
LANDLORD:
With
authority, I/We hereby accept the above Offer to Lease and agree with Royal
LePage
Your Community Realty to pay in consideration of the procuring by the agent
of
this
Offer, the commission agreed upon plus G.S.T. Upon the above commencement date,
said
commission is then due and payable and may be deducted from the deposit, any
remaining balance to be paid forthwith.
With
authority, the undersigned hereby execute this Offer to Lease:
Dated
at Aurora this 8th day of January 2004.
|
SIGNED,
SEALED and DELIVERED
in the presence of: |
)
)
|
||
| ) | |||
| ) |
|
|
|
| ) | |||
| ) | |||
 |
)
)
)
|
Per
|
 |
| ) |
1141648
ONTARIO LIMITED
|
||
| ) |
(I
have the authority to bind the
Corporation)
|
||
| ) |
PAGE
9 of
13
OFFER
TO LEASE
This
document shall be the Offer to Lease between:
| LANDLORD: |
1141648
ONTARIO LIMITED
|
| TENANT: |
SOLAR
ROOFING SYSTEMS INC.
|
| PROPERTY: |
000
XXXXXX XXXXXX, XXXX # 0, XXXXXX, XXXXXXX
|
TENANT:
I/WE
THE
UNDERSlGNED hereby acknowledge this date having received our signed
copy
of
this accepted Offer to Lease and authorize a copy to be forwarded to my
solicitor.
| per: |
 |
|
 |
|
SOLAR
ROOFING SYSTEMS INC.
|
DATE
|
||
LANDLORD:
I/WE
THE
UNDERSIGNED hereby acknowledge this date having received our signed copy
of
this accepted Offer to Lease and authorize a copy to be forwarded to my
solicitor.
| per: |
 |
|
 |
|
1141648 ONTARIO
LIMITED
(With authority to bind the Corporation) |
DATE
|
||
PAGE 10 of
13
OFFER
TO LEASE
This
document shall be the Offer to Lease between:
| LANDLORD: |
1141648
ONTARIO LIMITED
|
| TENANT: |
SOLAR
ROOFING SYSTEMS INC.
|
| PROPERTY: |
000
XXXXXX XXXXXX, XXXX # 0, XXXXXX, XXXXXXX
|
SCHEDULE
"A"
The
"Premises"
PAGE 11 of
13
OFFER
TO LEASE
This
document shall be the Offer to Lease between:
| LANDLORD: |
1141648
ONTARIO LIMITED
|
| TENANT: |
SOLAR
ROOFING SYSTEMS INC.
|
| PROPERTY: |
000
XXXXXX XXXXXX,XXXX # 0,XXXXXX,
XXXXXXX
|
Completed
Condition of Premises by
Landlord:
Xxxx #0,
000
Xxxxxx Xxxxxx, Xxxxxx, shall be completed by the Landlord at his sole
cost
prior
to
February 1st, 2004 and the following shall be included in the Minimum
(Base) rent for the Tenant:
|
|
(a)
|
all
overhead lighting in Tenant's leased space shall be in
good working order
with the warehouse ballasts free of exceptional
noise;
|
|
|
(b)
|
all
lights in the warehouse and the offices shall be in good
working
order;
|
|
|
(c)
|
all
plumbing fixtures shall be in good working
order;
|
|
|
(d)
|
the
warehouse floors shall be level and holes
filled;
|
|
|
(e)
|
a
new drive in door shall be installed as per Schedule B
"(i)" the size of
which shall be consistent with the current existing drive
in doors on the
building;
|
|
|
(f)
|
The
drive in door shall have an electric
motor;
|
|
|
(g)
|
The
small portable freestanding "room" in the warehouse shall
be left
for the Tenant's use;
|
|
|
(h)
|
The
Tenant shall have no less than 400
amps, three phase power for his use during the term of
the lease and any
renewal options,
|
|
|
(i)
|
The
unit shall be demised at the first column north from the
side warehouse
entrance glass door as per Schedule
"A";
|
|
|
(j)
|
Landlord
agrees to leave the wall mounted exhaust fan by the man
door in the
warehouse for the use of the
Tenant;
|
It
is
agreed that upon execution of this Offer and prior to commencement
of
construction, Landlord
and Tenant shall meet to discuss installation of drive in door and
demising wall
in
warehouse.
PAGE 12 of
13
OFFER
TO LEASE
This
document shall be the Offer to Lease between:
| LANDLORD: |
1141648
ONTARIO LIMITED
|
| TENANT: |
SOLAR
ROOFING SYSTEMS INC.
|
| PROPERTY: |
000
XXXXXX XXXXXX, XXXX # 0, XXXXXX, XXXXXXX
|
Schedule"
B"(i)
Truck
door location
PAGE 13
of 13
