EXHIBIT 6.9
COMMERCIAL LEASE
This lease is made in duplicate between:
Xx. X. Xxxxxxxxxx (Landlord)
Site 000 X.X. #0
Xxxxxxxxx, X.X. X0X 0X0
and
Xx. Xxxx Xxxxxx dba Xxxxxxxxxxxx.xxx
Xxxxx 0000 - 000 Xxxxxxx Xxxxxx
Xxxxxxxxx, X.X., X0X 0X0
(Tenant)
The landlord and tenant hereby agree as follows:
1. The landlord hereby grants the Tenant a lease of the premise at:
0000 Xxxxxxxxxxxx Xxxx
Xxx 0 Xxxx 0000 Xxxxxxx 00
Xxxxx Xxxx District
The premise was previously known as the "The Barn Furniture Ltd. And has a
rentable area of 7200 square feet.
2. The term of this lease commences on September 1, 1999 and ends on September
1, 2000. If the tenant continues in occupation of the Premise with the
consent of the Landlord after expiry of the term of this lease, the tenant
shall be deemed to be leasing on a month to month basis but otherwise on
the same terms as set out in this lease.
3. The tenant may use the Premise for General Office, Storage and Retail.
4. (a) The tenant shall pay the Landlord a rent of $1650.00 per month in
advance on or before the first of each month commencing on September 1,
1999 with the rent for any broken portion of a calendar moth in which this
lease terminates being prorated.
(b) The tenants shall pay to the Landlords, on demand, 100% of the total
costs reasonably incurred by the Landlords including, but not limited to
legal fees, of curing any default of the Tenant under this lease, including
but not limited to enforcing payment of rent and regaining lawful
possession of the premises.
5. The following services and expenses are the sole responsibility and expense
of the Tenants:
1
Hydro
Heating Oil
Garbage
6. The following services and expenses are the sole responsibility and expense
of the Landlord:
Taxes
Building Insurance
Lawnmowing
Water - so long as there is not a separate meter
for the tenants premises. If a separate meter
is installed the tenants shall pay their own water cost.
7. The Landlord shall also be solely responsible for repairs or improvements
to the structure and to the exterior of the building.
8. Any services and expenses relevant to the use by the Tenants of the
Premises and not mentioned in this lease are the responsibility and expense
of the tenant.
9. The Landlords covenant with the Tenant that so long as the Tenant complies
with the terms of this lease, the Tenant may occupy and enjoy the Premises
without any interruption from the Landlord.
10. The landlord is not liable for any damage to the Tenant's property or for
any injury to any person in or coming to or from the Premises, however
caused, and the Tenants agree to indemnify the Landlord against the
financial consequences of any such liability. In this regard, the Tenant
shall purchase and maintain public liability insurance in the amount of no
less than one million dollars ($1,000,000.00) and shall provide proof of
this insurance to the landlord on request.
11. The Landlord may terminate this lease for any one of the following or any
other cause permitted by law:
(a) fifteen day's arrears of rent;
(b) the bankruptcy of insolvency of the Tenant;
(c) a material change in the use of the Premises by the Tenant and, in
particular (without limiting the generality of this provision), any change
that affects the Landlord's building insurance or that constitutes a
nuisance;
(d) any unauthorized assignment or subletting of this lease by the Tenants;
(e) substantial damage to or destruction of the Premises;
2
(f) any significant wilful or negligent damage to the Premises caused by
the Tenant or by persons permitted on the Premises by the Tenant.
12. The Tenants may not assign or sublet the Premises, in whole or in part, or
allow the Premises to be used by any other person without the written
consent of the Landlord, which consent may not be unreasonably withheld.
13. The Tenants shall keep the Premises in a reasonable state of repair and
cleanliness. The Landlord agrees that the Tenants may alter and improve the
interior of the building to suit their requirements.
14. At the end of the lease, the Tenant shall deliver vacant possession to the
Landlord of the Premises in the same condition as at the commencement of
the lease, reasonable wear and tear expected.
15. Any written notice required or permitted to be given by this lease is
sufficiently given if sent in proper form by ordinary mail to the last
known address of the party for whom the notice is intended. Any written
notice sent by ordinary mail in accordance with this paragraph is deemed
for the purposes of mailing unless actually received before. Nothing in
this paragraph prevents giving written notice in any other manner
recognized by law.
16. In this lease, words importing the singular include the plural, and vice
versa, and importing the masculine gender include the feminine, and
importing an individual include a corporation and vice versa. This lease
binds and benefits the parties and their respective heirs, successor, and
permitted assigns.
17. If not in default under this lease, the lessee shall have the right to
renew this agreement for a further one year under the same terms and
conditions excepting rent which shall increase by 10% to $1815.00 per
month.
SIGNED, SEALED AND DELIVERED
By the lessor in the presence of
Xxxxxxxxxxxx.xxx, Inc.
Vancouver, B.C. /s/ A.R. Timcke
--------------------------------------
President
The Tenant
/s/ (Illegible)
--------------------------------------
ATTESTED TO ONLY XXXXXXX X. XXXXXXXX
NO ADVICE REQUESTED NOTARY PUBLIC
AND NONE GIVEN 000 00xx Xxxxxx
Xxxxxxxxx X.X. X0X 0X0
3
SIGNED, SEALED AND DELIVERED
By the lessee in the presence of
/s/ Illegible
--------------------------------------
The Landlord
/s/ (Illegible)
--------------------------------------
ATTESTED TO ONLY XXXXXXX X. XXXXXXXX
NO ADVICE REQUESTED NOTARY PUBLIC
AND NONE GIVEN 000 00xx Xxxxxx
Xxxxxxxxx X.X. X0X 0X0
4
