FOIA - 2183 Lake Shore Blvd W. - Complete (2013-2015)

8/17/2019 FOIA - 2183 Lake Shore Blvd W. - Complete (2013-2015)

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equester•s Copy

Access Request No :

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M fonoNIO

DELEGATED APPROVAL FORM

TRACKING NO.:

2015-12

Approved

Pursuant to the Delegated Authority

contained

in

Clause

No. 4 of Report No. 2 of the Economic Development and Parks Comm ittee entitled 'Process for the

Approval and

Ex

ecution

of

Leases

,

Licenses and Other Agre

e

ments Wiithin

the Par

ks,

For

estry

and

Recreation

Division

(City Wide) adop

t

ed

as

amended

by

C

it

y Council on

March 6 7 and 8 2001 ·

Prepared By :

Date Prepared:

Date Required By:

Purpose:

location:

Brian Majcenic

Branch & Ward: Parks Branch. Ward 6

July 1, 2015

Phone No

.:

(416) 392-1485

ASAP

File Reference:

To

obtain authority to enter into two License Agreements wi

th

Empire Communities

2183lake

Shore Blvd)

l td (the Licensee'') whiQ1 will consist of a Crane Swing Agreement and ari Agreement for the use of Tie

backs both of which will be used in the construction of a condominium development directly adjacent

parkland owned by the Toronto Region Conservation Authority and managed by the City. .

PIN: 076240125, directly adjacent to 2183lake Shore Blvd West, collectively shown in the attached

Schedule A (ihe licensed r e a ~

Financial Implications: Net revenue generated to the City will be $101 ,

631

.04 for the Crane Sw ing Agreement and $45,931 .92 .for the

Tieback Agreement plus all and any applicable taxes for the term of the agreements.

Recommendations:

1. Authority be granted to enter into a two (2) year and eight (8) month license Agreement with an

approximate commencement date

of

November 1, 2015 with Empire Communities (2183

lake

Shore

Blvd) ltd for the Crane Swing used in conjunction with the condominium development,

2. Authority.be granted to enter into a

license

Agreement for the use of construction tie-backs with

Empire Communities 2183lake Shore Blvd) Ltd ; and ·

3. The appropriate City Officials be authorized and directed to take the necessary action to give effect

thereto. ·

Comments:

Empire Communities (2183 lake Shore Blvd) l td approached Parks, Forestry and Recreation to enter into

two separate Agreements which are included under one OAF . .

Agreement 1

The licensee

w ll

be operating a crane from the property adjacent to the licensed Area, the span of which will

encroach over the licensed Area by 11,123 square feet as shown on the attached Schedule B , for a P.eriod

of 32 months with an approximate commencement date

of

November 1, 2015. The licensee will have tt\e

option

of

extending this Agreement on a month to month basis upon the expiry of the term under the

s ~ m

terms and conditions.

Agreement

2 .

The licensee requires a license Agreement for .construction tiebacks within the licensed Area as part of

construction for the new condominium development directly adjacent to the licensed Area. The total plane

area of the tie-back encroachment is 17,427 square feet as shown delineated in red on the attached Schedule

C . The Agreement for the tie-backs c:;ontemplates a one-time charge.

The proposed terms are fair and reasonable and Parks staff supports this proposal.

Pre Conditions to Approval:

(1) Funds:

a) None required ; ·

b)

Council has approved the project,

and

lunds are available

in

the Capital Budget

Acd

. No. -.,..-...,....,..,..-...,.....,..,.----) ;

OR

c) Council approved an a,ppropriation for specified purpose, and funds ava ilable in Operating Budge) (Acct. No.

d) Specific Council approval of funding: details(e.g. contingency): · ·

(2) Terms and Conditions approved by the Operating District are:

[X]

(a) Attached;

D

(b)

Above; OR

D

c)

N/A

General Indemnity:

0 a) To Be Obtained ; 0 b)

To

Be Given:

OR 0 (c) N/A

3)

(4) Environmental Indemnity:

O equ i red

ot

equired (Specify reason

):

IA

y p e s As per

agreement

(5) Insurance:

Amount Per Occurrence: S 5,000,000.00

(6) Other

Financial Details:

MILLION:

Aggregate:

$

MILLION

- -

) N/A

b)

R-Pian required : o OR es :

c) Other costs (fixturi

ng

, improvements) : S

______

ayable

by

if so. who pays

?


6/34

D

5

Leases, l i ~ n s e s and/or operating agreements including encroachments (subject to the approval of the Toronto

Region and Conservation Authority where necessary (excluding permits and park event licenses) where the City is

the Licensor/Lessor: if the term is more than 3 years and no more than 10 years (inclusive

of

renewal periods); and

if

payment

due

to the Citv is

t

market rates, and where the total revenue received is 500,000.00

or

less.

~ ~ ~ ~ ~

~ g t ~ ~ r t r ~ ~ ~ ~ ~ ~ l t t l ? r

(1 Leases, licenses and/or operatinq aqreements includinq encroachments (subject to the approval of the Toronto

Authority where necessary), (excluding permits and park event licenses) where the City is the Lessor/licensor:

,

\

(a) consent to assignments by the tenant/licensee;

(b) notices

of

lease and sublease;

(c) consent/non disturbance agreements;

(d) if the term is three (3) years or less, if payment que to the City is

t

market rates and where the total revenue

received is 500.000.00 or Jess.

D

(2) issuance of Requests For Proposals and Requests for Expressions of lnterestfor agreements

under

the

jurisdiction of the Parks, Forestry and Recreation Division and selection of the successful proponent.

D

(3) leases, licenses, and /or operating agreements where the City manages parkland owned by others for a term no

more than ten (10) years, inclusive of renewals, excluding encroachments on parkland.

~ ~ ~ ~ ~ f ~ 1 ~ ~ ~ ~ ~ ~ ~ ¥ ~ ~ ~ ~ ~

~ ~ E ~ ~ § e

[ ~ ~ ~ 5 ~ ~ t ¥ ~ ~ ~ ~ ~ i t

D

Leases, licenses ahd/or operating agreements for the Parks, Forestry and Recreation Division in the form of

agreements including encroachments (subject to the approval of the Toronto Region Conservation Authority)

where the City is the Lessor/Licensor if the term is three (3) years

or

less, inclusive

of

renewal periods; and if

payment to the City is t market rates, where the revenue received is 100,000.00 in total or less

.

Title Date

Recommended/ Councillor:

Mark Grimes

Approved

Councillor

EA

:

Kim Edgar

/

Ryan Glenn,

~ / c f / t )

·

-·

Contact

Name

:

Manager

Contact By : Phone: IE-

Mail

: XIMemo: jOther:

Director,

r1f 4Lillo 1 1 ~ .

Councillor

concurs

:

1Yes

: X

I

1No :

Ann Ulusoy

General Manage

r,

1

U

-

2

f ~ u

Comments :

Jan

ie Romoff

1 {./ V

J

--

Return To: Brian Majcenic

Business Services. PF&R

Metro Hall. 24th Floor

Consultati

on with

other Branches and/or Divis ions:

Branch

Division :

Parks Branch

Branch

Di

vision:

Legal

Contact

Name

:

Donna Kovach

s Contact

Name

:

Lisa Strucken

Comments: Proceed with Agreement

Comments

:

5


7/34

S II EDlJ LE

A

Location Map


8/34

SCHEDULE 8

pproximate Area: 11 123 Square Feet


9/34

SCJIEI>ULE C

Appmximah Area:

7

.U ScJuare Feet


10/34

9

Brian Majcenic RE: Empire Communities License Agreement

From:

To:

Date:

Subject:

Hi

Brian,

Kim Edgar

Brian Majcenic

04/13/2015 :22PM

RE: Empire Communities License Agreement

If Parks and TRCA are satisfied w ith the condit ions, th en Councillor Grimes has no concerns.

Thanks,

Kim

From: Brian Majcenic

[mailto

:[email protected]]

Sent: April-13-15 12:28 PM

To: Councillor Grimes

Cc: Kim Edgar

Subject: Empire

Communities

License Agreement

Good afternoon Councillor,

Page 1 of 1

The Business Services

unit of

the

Parks

Forestry and Recreation Division

is

currently in the process

of

formalizing three

agreements with Empire Communities 2183 Lake Shore Blvd) Ltd for the use of parkland adjacent to 2183 Lake Shore Blvd.

The agreements are

for

the use

of

a crane swing, construction t iebacks and caissons associated with a condominium

development at 2183 Lake Shore Blvd. The parkland is owned by

the

Toronto and Region Conservation Authority and is

managed by the City under the current management agreement between the

TRCA

and the City please

see

the ar

ea

delineated in green on the attached). The term

of

the crane swing agreement will tommence on May

1

2015 and expire on

December 31, 2017 with the option, if necessary, of continuing in overhold on a

month

to

month

basis.

As the

parkland in question is located in Ward

6

I am seeking your concurrence on this matter so that we may proceed

with the approval process.

Please let me know if you have any questions

or

concerns.

Thank

You

Brian

Brian Majcenic

Business Services

I

Parks, Forestry+ Recreation

I

City

of

Toron

to

t.

416 -392-1485 I e [email protected]

9

file:///C:/Users/bmajcen/AppData/Local/Temp/XPgrpwise/552BC2FDCOTSEC1EDCOl... 04/13/2015


11/34

1

~ T D R D N m

BY

nEGULAR

MAIL

June 4, 2013

Rtply

lo

:

Lisa

Srruckcn

Td

: ) 9 2 - S i l 8

Fax

:

1 0 1 7

f:

· Mail:

l n t c k < ~

t o n m t o

Lori

Colussi, Manager, Leases & Risk Management

Toronto and Region Conservation Aurhority

5 Shoreham Drive

Downsvicw ON MJV I S4

Dear Ms. Colussi:

,

\nna

Kinastowski, ll.A., LL.Il.

City

Solicitor

Lcgai .Serviccs

Metro

Hall. 26th Fl.. Stn. 1260

John Street

Toronto. ON MSV 3C6

Tel. 416-392-8047

Fa. (

416-397-5624

• Cert f/ed by the Luw Sac:iety tu u Spe cialist in

;1/unicipa/l.aw: Lo

cal

Government aud

Use

Planning

lJ

eve

lopm

e

nt

File

No

< 54 -2200-5960 .12

Re: Lease Agreement between City

of

Toronto, mpire Communities Ltd. ,

and

Toronto

and Region Conservation Author ity

Enclosed please tind one fully executed original copy of the above-noted Licence agreement tor

the above noted matter, for your records.

o ~ truly,

1

f ·

j

t : 1

·/ t/i:.t_t.,fd/\

·

p {; c L. / / .

Lisa Strucken

/Encl

1


12/34

11

·

~

T O R O N T O

BY

REGULAR MAIL

June 4. 2_

13

Daniel Guizzctti

President

Empire Communities

125

Villarboit

Crescent

Vaughan

ON L4K 4K2

Dear Mr. Guizzetti:

l { ~ p l y r, ,:

I d

'

F a ~ :

E-

Mail:

r

Sttuckcn

H u · . l ' l 2 - ~ 5 IK

.llli-\92-llll 7

l s t r l i c k c

t o r o n t o . ~ a

,

\nna

Kinastowski.

0.,\ .

LL.B.

City

SPiicitor

I ega I ~ : r v i c c ~

Metm

Hall. 26th Fl.. Stn. 1260

55 John S t r l ~ : t

Toronto, ON \:15V 3C6

Td. -ll6-392-ll


13/34

:''

.

.

.

·

·

·

-

.

12

TBIS

LEASE

AGREEMENT

made

in

quadruplicate

this

lat day

ofFebruary,

2013

BETWEEN:

CITYOF TORONTO

(hereinaft«

called

the Landlord' )

--

of he First

l art; ·

EMPIRE COMMIJNITIES (2183 LAKESHOBB BLVD.)

LTD. .

(lurcinafter

called the

wreDIIJf }.

of

ho

Seccmd Part;

-aDd·

TORONTO

AND

REGION CON8DVATIONAll I HORirY

(hcreinaihr called

tD8 Authority )

of

ho

l hUd Part.

WlTlUSSES THAT:

WBER.EAS Hmnber Bay Parlt

East

(the

PIII'kj in the City

of Toronto

~ owned

by the

.,..

Authority

and-

managal

on itB ·

bclWf by

tha L1Ddlord

D

an

agn.wnmt dated the

October 11, 1972 t h e ~ A g r e e m m t j ; aod ·

AND

WBEREAS.tba

1 1 D f t 8 1 e n t ~ does not allow the ~ to ease

or

cJispoao of

·

the

lands

without thD

prior

wriUm

approval oftbc Authotlty; and

AND WHEREAS the

Lmdlord,

with

the amsent of

the

AllthorJty, has agtaed to

h::uc

a

portion

of

1ha

Park, as

outJiDed in

red

on the

sketch attached

to

tbis Agreement as

ScluXJule ~ A ~

(the

Leued Premfiel ) to the TeJUIDt

for

the pmpose .·of ccmatroctiDg

and

opemtiDg a

oondominium

sales office and

assooiated

plllking lot, on the terms and conditions set

out in

this

Agreement; .

IN

CONSIDERATION

of the premises and of

the

covenants

hereina:fter oontaiDed, the

parties

hereto hereby mutuallyagree as mUows:

1.

(1) (a)

. t o the

teau

oftheManagemeat.Aanemat·

aod

aaapatfor the

Authority, tho LancDord hereby leases the Leased

l'remiJel

to the Teaut

1Dr

the

purpose

of

COD8tnlctiag and

opendiDg a

condmuiniiDil Biles

oflice

and ·

associated pmkins lot.and :fbr no otha purpose. ·mr a

TCIDl

o ~ (3} Yean,

commencing on

tho date

.upon

which

a

lmilding palit for tho iJalea office is

i s ~

by the City (t:ho

Bnildfng

Pmmitll).

which

the parties.

antidpatQ

will

occur

12


14/34

13

on

or about

March 1, 2013

and

expiring three years

later,

on

the

terms and

conditions set out in bls Agreement

(b)

The

Tenant does

not

have

the

right

to usc

anY

land

owned

by

the

Ludlord or the Authori ty beyond the boundary of he Leued Premises.

(2) lbc Schedules attached to

this

.AgnBntmthave the same force and effect as

lf1hc

infbrmation contaiDed therein were contained in

the

body

of

his Agreement

2. (1) The Teliant sball pay

Rent as follows:

(a)

OJie

·

Hundred. and Twenty-Three Thousand Dollms ($123,000.00) per .

annum

plus HST

as described in

section 19 of his Agreement, fur a tom

of

One

HUDdied and Thirty-Eight ThouSand N me Htmdmi and

N mcty

N me. Dollm

($138,9,90.00)

per

annnm,

payable

in advmcc

monthly

instalments

of

Eleven

.

Thousand

Five

Hundred

and

Eighty-

Two

DoJlars

and

Fifty ceota

($11

,582.50),

commencing

on

the

date Upon which the

Building Permit

is

issued;

PLUS

(b)

Additional

Rent consisting

of

any

and all charges

whatsoever

relating

to

theLeased

Premia•

or the Taumt 1 use thereat:

emtJt

1hose which ue

the

respoDSJ.Dility

of he

Landlord

as specificaD.y set out in

this

Agrcc:ment

(2) The Landlord eovenanm

with

the TeJUUlt that i he Taumt pays the Reot and

Additional

Rant

hardJy

n:sca:ved

lmd

ptdbtml

ita

CCMID8Ids

and

obligatiODB ·

~ c:ontained, the TeiUIDt aha quietly

and

peiualbly po88t'l88 and .enjoy the

Leased.J remlsell for the Term

without

any intm.ruption t disturbance fiomn the

LIIDdlord

or any other

penon

lawfully claiming

JDdar

it, except

as

otherwise set

out in

this

Agreement. .

3. (1) 1beTenant covenants with

the

Landlord:

(a)

to pay the

Rent

and

Additional

Rent;

(b) to pay all taxes. including any HST and

real

pioperty t us i f applicable,

rates, duties, levies, aessmenta and imposUions whatsoever, whether

municipal, parliamentary

or otherwise lev.i.ad,

charged

or assessed

1lpOD.

the

Leased

Prellllses and

where the

Leated

Premfaes

is assessed

for

· separate school support by reason of the Tenant s occupation ·of the

Leased Premises or of any

person

claiming lllldar

tho

e u n ~

t

pay to

the Landlord

or, as it

may direct, the

excess

taxes

resol1ing from such

support;

13


15/34

14

3

(c) to

pay

all

taxes in

respect

of

the business

carried

on

by

the Temmt

at.

or

levied.by reason of he Tenant'• occupation ot; the

eued

Pl'emlaes;

(d) to ammge

for,

and pay

to

the

appropriate

.

uppliers,

all

costa

(including

penalties) of supplying

tba

Leased Pl'emfles with heat, water, electrical

power, gas, telephone services, heating fuel and any other

services

or

utilities desired

y

the Tenant;

(e)

at

its

sole

czpcose,

to operate, maintain and keep

the

Leased

Premiles

and

all

t1 1rt

buildings,

fences,

imptovem 2lt& and fixtures

therein and

all

electrical and telephone outleta and conduits in

good

condition and repair, including, w:ithom·

limitatiOn,

.all stmctma1

repairs:

and

rePaiD - replacement of all

electrical,

mecbanical,

plumbing,

heating. veotUation

and

air conditioning ~ e t and systems

of the

buildings, and

grass

cutting

and

snow removal;

{f tbat the General Manager

of

Parks, Fousb:y ·

and

ReCreation or ·his

designate (the General Manager )or the Audtorfty may cater and view

the state

of epair

upon reasonable notice to

the Tenant,

exceptin he case

of

a re8l or peii.Wived

emergency,

whcn.oo notice is and shall

have the tight to conduet soil and other: tests as

the

Gena1d Manager

or

the

Authority, in their sole

discretiou. deems necessary

or

appropriate.

The

General

Mimagcr and

the Auth4U'ity sball JJiake reasoDable efforts DOt to

disb,ub

the

Tt'JIWlt's

operations duringsuch

aceess;

(g) to use the Leued Premiaea

only

as a sales centre and

associated

parldng

lot for·condominioms

to

be consfructed on the Tea.ant'a adjacent

land

at

2183

Lake

Shore

Boulevard West;

(h) not to

stOle

or

permit

to

be .stQred in contravention of he nvironmintal .

Protection A ct (Ontario) or any other

applicable

legislation. any explosive

or

flmnmable

substances; pollutanta,

contamiuBDfB

or hazardmJa or

environmentally sensitive

materials at the eased

Pramilet

athfir

than the

fuel

in

the fuel

tanks

of

motor

vehicles,

or

bearing

fuel

fur the

buildings in

a safe storage tank

Within

.

he

buildings;

(i) not to install any equipment

or

carry

on

any operation

at

the Leased

Pre:mfaea in

such

a

way as

.

to

increase the

insatance

risk, and

the

udlord

acknowledges

that the cmrcm:t use in

accordance

with the

provisions of this

g r e e m e n ~

does

not

constitote

an

increase

in

the

insurance risk;

(j)

to

ensure

that nothing

is done or kept

at

or on

the

Leased Premfln which

is or may

be

a

nuisance,

or cmy on any activity or do

anything

else which

causes disturbance to or

iDtmfcres with

the users or occupants of any

neighbouring

property,

or

which

in the reasonable opinion

of

the

14


16/34

15

4

Landlord may

cause damage to

the Leased Premflea

ar

any

neighbouring property, and without limiting

the genem1ity

of the

foregoing, the

release

from the Leased

Premlsel

of ten

(1

0) or

more

balloons

within

any 24-hour period

shall

be considered a nuisance

and

.the

Tenant shall not engage

in

sucli activity at

anytime;

(k) to comply 81 its sole expf.21Se, with

·all

Federat Provincial

and

Municipal

laws, .

by-laws,

roles, regulations, directives

and policiea ·

(includin

Without limitation. the A a:essibility

for

ntarians with

Duabilides

ct

and

the

City's

Actessibility standatds

for

Customer S e r v i ~ Training

RequirementS Policy. zoning by-la.wlf, ·building codeS,_

he

Ontario

Fire

Code. the

EIMronmental

Protection Act and any other

legislatiqn) ~

the eaed

_..a and/or its

operation

and

uso

y

the Tenant and those authorized

by

or under the Tenant, including · he

obtaining

of

an ~ r i r permits

and

licences, to submit

proofof

such

compliance

at

the

request

of

the

General and

to

indemnify

and

save

the Landlord and the Authority a r m l ~ s fi:om any liability

or

cost

sUffered by it as a result oithe Tenant's failure to

CQID ply;

(1) to

ensure

that no ashes, refuse, garbage or othar loose or objectionable

material accmnuiate on the ·Leued P r e m i s e ~

and

to keep the

eued

Premises clean 8IId tidy; - ·

>(:.

(m) i heLandlord electa to ietain

the

building.

to

leavetha

eaed

PremJaes

(including

an b u i l d i n W ~ and

-

BVAC,

electrical, mecbanical, plumbing

and

other ilystems i he building is

retained

by . h City) in a lltDto of good

repair

and

.in

good working Ordet' upon

the

eXpiry or

other

termination of·

this

Agreement

or

any l'CiicwBl

thcreot:

subject only

to

reasonable wear

and

tear;

~

(n)

.not to assign, sub--lease

ot

otherwise part with possession of

all oi any

portion of this Agreement or the Leased PremiBes without

the

prior

written consent of

he

LmdlonJ,

which eonscot

maynot

be ami1nnily

and

l1Jll'e880ll8bly

withheld; .

· ' (o) upon the expiry or other temrination of this Agreement or any nmewa1

thcrmt: at the Tenant s own risk arid e x p c m s ~ to nmove

ftom the

Leased

Premlaea

within

Sixty (60) Days

{Ninety (90)

days

i

he removal is of a

st:riJctmBl

natme1

all chattels belonging to the

Tmum.t,

(imd

any or

all

structural

or

othei-

improvements

to

the

Leased

Premises;

but

only i

so

requested by the General Manager), with all d a m a g e ~ i any; caused

y

such removal made

goOd

y the Teaant,

and

to leave the Leased

Premises in good repair, reasonable wear

and

teat only excepted, and free

of all

waste matcrial/debrislmbbisb, ·all to the reasonable satisfaction of

the General Manager; and ·

15


17/34

16

s

(p) to take at its

own

expense

all

measures necessary to ensure to the General

Manager's satisfaction that any municipal service

or

public utility now or

in

the future on t llilder the Leased Premises, is adequately protected

against

damage

impairment, destroction or loss that is caused by or

contnouted to by the Tenant or its 1J Se of he Leased Premises.

2)

The

Tenant

Shall supply

all

fire· extinguishers required

within

the Leased

Premises in accordance ~ t h

all Fire

and Safety Regulation, and shall

arrange

·at

its sole cost and

expense

fur a

monthly inspeCtion

of all such fire extinguishers.

The Tenant sba1l

keep

a log book of inspections at the Leased Pre:mises, and

shall

produce

them for

the

Generai Mana8,er's inspection

when required.

(3)

The

Tenant shall be responsible for the removal and

cost

of removal

of

all

garbage

arising om of

its

use ofthe Leased Premises.

4)

Th.e Tenant shall be responsible for all grass cutting, 18.llLhlcaping and snow and

.ice

removal

within

the

Leased

PreDlises.

·

(5) The Tenant agrees

to accept the Leased Premises

in

as

is

condition,

agrees

·that the lease

hereby

granted·

is

based

on

the condition

ofthe Leased Premises as

it currently exists, and shall

not

require the Lu1«1Iord to petfonn or pay for any

·

work

in relation to the Leased Premtses except as

specificBlly

set out in

this

Agreement.

(6) The

Tenant

shall, at its sole risk and

expense,

determine the existence

of

any

contaminants, asbestos

or other hazardous

milterialS

(the ''Hazardous

Materials )

on

the Leased Pl'emiJes and remove ormanage

same,

i caused y theTenmt or

those

for whom

the

Tenant is

responsible in

law

as required by and

in

c9mpliance with all applicable

laws.

The

Tenant shall indemnify and

save

batmless the Landlord and the Authority·of and from

any

and all manner

of

.

cla.ims,

demands, losses,

costs, charges,

actions and otherproceedings

whatsoever

made or brought again:st, suffered y or imposed on the Landlord. the Authority

or their property

in

respect of any loss; damage or injury (including fatal injury)

to any

person or

property

(including without restriction, employees; aget:rts

and

p r p ~

of

the a n d l o ~ Authority or of the

Tenant) directly

or indirectly

arising out .of: rc:sultmg

from,

or

sustained

as a s u l t

of

any

of tbe

Tenant's

acts

or omissions relating

to

the Hazardous

a t e r i a l s ~

The Tenant shall

give

the

Landlord a copy of all reports prepared in the review or finding

of

my

Hazardous Materials.

4. 1) · The Landlord agrees to provide, at its sole expense, appropriate electrical

service, appropriate metered water service and appropriate sanitary sewer to

within

.

two metres of the proposed building, provided, however, that the Tenant

shall be responsible for the cost

of

the connections.of such services (and for any

repairs thereto

or replacements

thereof) to the sales office

from

that point on.

16


18/34

17

5

6

(2) The Lamllord

shall traiJsfi r

or

assign t the

Tenant any warranties or

guanmtees

in relation to the Landlord • wOik _as set. out in subsection (1) above, where

possible and

applicable.

(1)

The

'l'CD8Dt may

provide

cxtemaJ.

signs,

approved by

the

General Manager, to

idimtifythe Leased Premises to the public. The Tenant

shall

also have the right

to pot up or

c:idu Jit

upon .nterior parts of the Leased l remites. signs, notices,

notice boards, or other dcrlices advertising any scheme or business 1lildmtaking

pertaining to

the

TeJUmt l business, subject

to prior writtm

approval

of

the

General Manager.

·

(2) The

Tenant

shall

refrain from putting

up

or

exhibiting llp il any external part of

the Leaaecl PremtJei, any other sign, notiee, notiee board, painting, desigu. or

other

device advertising

any business

undertaking

or

scheme without the

prior

written

eonaent of he ~ Manager.

(3)

All

signs must be

.of

l l size,

design

·and construction aatisfBctory to

the

General

Manager, acting

e s o n b l y ~ aod must c:omply

with all laws

and by-laws relating

to signs. -

*

(4)

The

Teaant shall not pmsue .stand-alone advertising sigoage opportunities

and

sponsoxsb.ips

with 1bbd parties without the prior written consant

ofthe

Gaaera1

Manager.

.wbich may

be uDreasonably and ·

m.bitrarily witbheld, at his sole

discretion.

6.

- (1)

The TIIUIDt

covcmants

with

the

l dmdlord that no 1mw

will

be cut down or

otherwise removed fiom. tha Leued

P.temlll•

by1he Teamt or those fur

whom .

the

TeDaDt

is·

at law. esponsible, without

1he

prior

mitten

r;oxmcot

of

he

Gcncra1

Manager, and that

all

due

care will be

taken

by

the

TeaaD.t to ensure that no trees

on the

Leaed

.Premilel or on adjacent lands oWned

by

the Ladlord wDl

be

damaged by the Tenant

or

those for whom the

Teuat

s

at

law l e The

Tenant

may,

at

its

sole

expense,

prone trees as necessary in accordanco with good

arboricultmal

practice

(2)

The

Landlord shall d:ete:nnine which trees. i any,

are

to

be removed. The

Teau t

shall be

responsible for

the cost

of trees removed at the

tCquest of the

Tenant, and the Landlord

shall

be responsible for the cost

oftrccs removed at

the

Landlord s

discretion. The

Temuit sba be responsible fur obtaining any

. pmmits necessary

fur

the removal or relocation ofany 1rees.

(3) In the event that any trees are damaged or destroyed by the conduct of he Tenant

or those

for

whom the Tenant is at law responsible, the Teaant

shall

compensate

the Landlord

for such damage

by

an amount

to

be established by the Gencnl

Manager in consiiltation with

the

Tenant and

based

upon

the Jnternational

Society

of Arborlculture Tree Evaluation formula. Any su.cll willful damage,

destruction or tree removal shall permit the General Manager to terminate this

17


19/34

18

7

Agreement

upon

sixty {60) days'

notice in writing unless

tho

Tenant

has

remedied

the i t u t i o n within that

time

period

7.

(1)

The

Tenaut

coverulnts

agrees

not

to

make any

changes

alterations,

renovations,

additions

or

extensions,

stroctUral or otherWise (includin& without

limitation,

bindscaping

changes,

all ofwhich

are hereinafter

collectively

called

the

Work ) in and

to

the Leued Premlselllilless:

(a)

the Work shall be such

as Will

1:\0t

when completed,

aigoificantly

diminish

the value

or utilityof

he

Leased

Premises;

(b) any Work whidl involves

stroctura1

or sobstantial changes, alterations,

additions,

extensions

or rebuilding& Bha1l be

commenced

only after

detailed

plans have

first been submitted

to

aod approved by the Genand

Manager and the C i t y ~ Director ofComnnmity Planning.

Etobiooke

York

Disnict

or

his

designate

(the

Ditector )

in

writing,

whose approval

shall

not be umeasonably withheld or delayed

(and fbllowing

such

·

approvat by

the Gcnenl Manager

to

be called the Building's Plans and

Specifications . . In particular,

issues relating to

aA::CeSS

pmking,

landscaping, building location, servicing.

drainage and grading

must be

resolved

to

the satisfitction

of

the Genflral Manager and

the

Dhectm;

(c) all Worlc shall be constructed expeditiously, in a

good

and

worltmanljko,.

manner, in:

compliance

With

detailed

plans approved by the General

Manager and the Directorand in compliance with all applicable. municipal

by-laws and Other laws, regolmons ·

and

requirements of all authorities

havin

jmisdi.cti

indudin

an

buil.-1: ...... and fire codes

material

on, g . •

rules,

e g u l t i ~

3bmdards,

laws

and

by--laws

whether

Fedcnd,

Provincial

or Municipal, relating

t design.

construction

and

safety, applicable at

the

time the

Wmk:

are

made;

. (d) all the costs of the Wmk shall be paid

by

the Tenant when dne_(subject

only

to the retention of my

am OUDts

which are requi:n:d to

be

withheld

under

the Co1J.ftl uction ien

Act (Ontmio)

or

b i ~ the TenBDt•s architect ·

has certified areproperly to be retained in

order

to

secure

due perfmmancc

ofthe

work).

(2)

f he

Tenant elects to

proceed with

the

Work, then

it shaD do so

at

i1s sole cost

and

expense

and without cost

to

the

Landlord

and

the

Work

shaD

be cOn stmcted

in

a first class manner and in accordance with the Building's Plans and

Specifications. Upon

commcnmnent

of the Work, the Teamt

shaD diligently

proceed to

fully complete

them, subject to Unavoidable Delays.

(3) Prior to tendering the Wolk, the Tmumt shall submit

in

writing.

for

the

consideration BOd approVal of he General Mimagcr and the Director,

full, detailed

tender

drawings

and

specifications

along with a site safety plan. ny

and

all

18


20/34

19

(4)

(5)

(6)

8

changes

to

the approved plans, drawings and specifications must

be

approved

by

the

General Manager,

acting reasonably.

The Tewmt or its general contractor

shall

obtain a notice

of

project as rcquiied

under

the Occupational

Health

and

Stifety Act

and

provide a copy

of it

to

the

General a n a g e r ~

The Tenant

acknowledges

and agrees

that

the

Landlord and

the

Av:thority are

not the

CODStru.ctor

of he .

Wodc,

fur the purposes

of

he

~ Health

and

Safety

Aci

f he ·CitY or

the

Authority are deemed

to

be

1he

c:onstroctor, the

Tenut shall indemnify and save the City

and

the Authority harmless from any

liabilityor costs suffered

by the

City

or the Authority as a result

thcreot:

The TeJWtt shall perform the Work,. or cause t to be performed, in a good and

worlrerJike

·manner, aDd shall

comply,

ai1d shall

cause its

project/construction .

manager

and

cPiltracfnrs

to

comply

strictly

with

all

laws,

by-Jaws,

roles

and

regulations

ofthe City fmcluding, without limitation, the Landlord • Fair Wage .

Policy i f applicable, the Accessibility for ntarimrs with

Dlsabilitla

ct

and 1he

City a Accessibility

Standards

for Customer

Smvice Training R.c:quirem.mts

Policy), the Province of Ontario, the Gowmimmt of Omada and ·all other bodies

or their 3UCCeSS01 9 authorized to make any laws, by-laws, roles, and regulations

governing the use or

OCQlplltion

ot;·and/or the

Work at the

Leued

r e m i s e ~

the

staff mnployed by the Teaat or.anything in OODDfldion and

shall

obtain and

pay for

all

necessary pemrlts and

licmses.

8.

(1) The Teaant acknowledges that i f as a condition to the issuance of a building

permit

for

the

Woik

there are any

levies

or charges

to

be paid to the

LudliJrd

or

any

other

tuing

authority,

or

any

development

charges

o

be

paid

purSuant

to

the

Development Chmga Act (Ontario) or IUlY l e g i s l a t i ~

that

all sach

levies and charges are to be paidby the Temmt. ·

X (2)

The

Tenant, at its sole expense, sbaD obtain all necessary planning approvals and

agreements

with

any

authorities

and utilities relating

specifically

1D

the

buildings

so

as to be

in

a position to obtain a n building peanit

Each

party shall execute

all such reasonable agreem.e:¢8 as may

be

p:qUested

by the other and

shall

do so

without delay.

It :is

however,.

expressly lllldCntood

that

i f

he

Ladlord or

the

Authority are

requested to

exCICUtc any planning applications or

pemrlts,

they

shall

do so in their capacity only as the owner or manager

of

he

Leued

Premllet

and will

not

thereby tetter

my of

its statutory

or

ot1mr powma

or mandates. The

Tenant

sbal

perform

all obHgations

1llldcr

any

SDCh

agreement

as

applicable to

the

buildings at no cost 1D tha

Landlord or

tbe A1dhodty, except to

the emm

otherwise expressly provided herein and the

fai t re

by the Tenant to perfbr.m

.U

such

obligations

under

.

any such

agreement shall constitute

a default under this

Agreement The Tenant

shall

pay all municipal and regional levies

and

sitm1ar

charges relating

to the Leased

Premisea.

19


21/34

20

t (3) The Tenant shall

not

be entitled t do further

Work to

the Leased Premises or

expand

or renovate

the

buildings

without

the prior

written approval of he

Gcn.cral

Manager

and the Director,

including

without limitation,

approval of

the

plans,

drawings,

sketches

and

specifications oftheproposed Worlc. The approval ofthe

General

Manager

and

the Director

shall be conditional upon

the

Tenaat

agreeing

to

such amendments if any) to

this

Agreement as shall

be

required_ in all of

the

circumstances, to

give

effect to

this

section.

(4)

'Where the

value of

any consfmction

in relation

to

the Leaaed Property exceeds

250,000.00

in

value

the General Manager

may

require the Tenant

O

provide (or

the Tenant ·shall cause its general contractor or

construdion manager

to

provide)

to the General

Manager

each

of

he fOllowing:

(a) a Labout and Material Payment Bond,

in

the amount

of

500/e of he value

of

the

WOrk,

fur

the d ie and

proper payment

of

those .having

direct

contracts

with the TeiWlt's

contractor

fur

labour,

material and/or

services

in

comiection

with the Work and/or

those having direct contracts

with those persons mdirect contract with tf ac TtDI.dt's comractor;

removal

of

egistered lien

claims

aod ccmficatcs ofaction :from ·title

to

the

Leased

Premfses; and

full raimbumelitent of the

LandlOrd

and

1he

Tenant for an 1iabi1i1;y aod paymems tO

such

persons in con:n.cction

with

the Work on the LaDdloi'd's standanl form;

(b) a Pe:rfonnance Bond, in the amount of SOOA of he value of ho ~ fur

the due

and

proper petformance of the construction

of

the

Work:

on

the

L1111dlord's sfluJdard form; md

(c) a

Statutory

Declaration

ofPaid

Tax

and

Assessments

(verlfyingpaymant

of

all Workplace Insurance and Corpmations Tax levies, u applicahle};

and

(d) i

required

by the General

Manag.;r,

an unc:onditiQDal and Urevocable

nwolving letter

of credit in

fkwut

of the

Laadlonl and on the

Landlord s

standard funD in

an atr10lD1t equal

to

100 of all

con1racts

enteral into

by

the Tenant for

tho

supply of sarviCClB and materia1a for ..

the purpose of providing sccmity for

completion

of the Work and/or

removal ofany part thm:eo( and

for

tbo vacating

of

any valid lien claims

or

Certificates ofAction related

to

theWork. The letter

of

credit shall be

released11pon the expiry of he lien claim period.

(5) The Tenant shall provide

an

assignment of each constmction contract to the

Landlord.as security for the Tenmt•s obligation ·to perfonn the

Worlc, on

the

Landlord's standard

:fucn.

6) All construction contracts

shall

provide

fur

property

damage

and liability

insurance satisfactory to the Landlord

20


22/34

21

10

(7) The Tenmt shall

not

award

the

contract

for

the

Wotk except

to

a coniractor that

complies

with

any policies of the

Landlord as

they may be introduced and

am.ended from time to time, and the Tenant shall provide

proof

of such

compliance

to

the

General

a n a g e r ~

i

required

prior

to

the

award

of

such

conaact

·

(8)

The

Lmdlonl slwil

be permitted uccess to

the Leased Prenrlsea

at

ali reasonable

times

for the purpose of

viewing

and/or inspecting the

Work and

constmcti.on

thereof.

·

(9)

The Tenant shall co--ordinate any

interfilcing

with existing site

services,

site

access and utilities

at

the Park

to avoid

service intm:J: I..tpf.ions

that

could

adversely

affect

the existing operations

at

the Park. The Work shall

not

unreasonably

· · disrupt the operation and IIUlinUmance of the

Park.

Any disruptions shall

first

be

approved by the General

a n a g e r ~ and

include a

plan to

limit

and mitigate

interruptions,

to the

General

Manager's satisfactiOn.

(10)

The

Landlord's staff designated by the General Manager and the Director

shall

be

permitted acce5s to

the LeuedPremises at

all times during

construction.

(11) The

TeiWit

agrees

to

complete

the

W

ark in

compliance·

with the tenns.of this

Agreement.

the

approVed plans and

specifications and

in

accordance

with all

zoning

and

plmming by-laws BDd

the Ontario

Building Code. The Tenant shall

be solely responsible fur the Work, includiD.g obtaining all

building

and any other

requiredpermits,

9. (1) The Temmt ·shall be solely responsible

fur

any and U costs liabilities

.

2)

(3)

associatt:d

with

the

transporta1ion

of

constmction

materials

to

the

Leased

P:remfsel.

The Teunt

shaU

be l CSpOD81 blc to f:llSln'a that aD materials and

any

equipment used for constmction are

moved

to the Leased

Premllel

n socb. a

manner tliat

t:hen:l is

no

damage to

mdsting

~ 1rec

canopies

and/or roadwap

and

pathways.

The

Teunt

shall provide

the

·

General

Managarwi1b a

detailed

site

and

transport

plan that includes

the

height

of any

materials

and equipment

used

during fransportation

and co.nstmction.

The LIUldlord shall provide clear access

to

the Leased Premises

from the

cmtrance

to

the Park. ·

The

Tenant

and ita consultants and contmctoiS me

bound

by the

Cityof

Toronto,

Parks, Forestry Recreation 'Tree Protection Policy

and

Specifications for

Construction

Near Trees

and Infonnation About:

The

Agreement for Con1mctors

to

Perform Arborlcultural Services

in

City

Owned

Trees . All

plans,

specifications,

tender

documents and directions

to

projcxt contractors must

comply

with these

policies, to

the

satisfitction of he General

Manager.

The

TeiUIDt shall be responsible to provide protection to any and all trees that

may

be potentially damaged, as determfuM

by

the .

General

Manager,

during

c o n s t r u c t i o ~ material tnmBportation or dming any aspect

of

the

Work. The

21


23/34

____ 2 .

11

location ami

type

of

tree protection provided must

be

approved

by the General

Manager. There

shall be

no

wade performed or

storage

of any inateri.als

in the

tree protection

zones.

10. (1)

The

Tenant

shall ensure that

the

construction site

is

secure and

meets all sa.fety

and building code requirements,

including the erection

of

appropriate constmction

hoarding.

barriers,

sigoage

and safety lighting. Allmatarials lind'equipment must

be stored within

thC hoarding

area.

The Landlord

shall

not.be liable fur

any

materials

or equipment stored

at

the .

easedPremise&.

The

locatibn and type of

hoarding .

barriers

provided

must

be

approved by

the

appropriate staff

of

the

Landlord. The.

Landl«Jrd

shall have

the

right to inSpect the

construction

site t

any time without

prior notice.

(2) The

TeJUUit

shall

ensure

that a site safety and hoarding p ~ acCess to the

construction

site, the

loCation of hoarding. all

signa, no es; barriers and other

related

site

safety

measures

.

re

8pptoved

by

the

GenaraJ.

M.anagcr

before being

installed or

imp1emeofl:d

in oraround the Pmt:.

(3)

I M

TeDIIDt

shall,

at

its soie make p

any roadways,

pitb.ways, trees

.

and

landscaping as

a

result

of

he

Work, aud

shall

msto.n:

the Plu:k.

to

its

original

condition, except where changed.

and

agreed

to in accordance with

this

Agreement,

.:fOlloWingcompletion of

the

Work, to tba

satiafiaion

of1hc

Ocncral

Manager, acting masonably.

The

roadwa}'l aDd pldhwa}'l aball be cleaned

regularly daring

construction to

the

satisfilction. of the

GeD.eml Managar,

acting

rea30118bly.

(4)

The

Tenant shall ensure that the Construction site is kept in a clean and

ordaiy

state

at

all

times.

The

Tmumt

sba l

be

:R:SpODSl ble

for

the

timely and

safe

rmnoval

of all pbage

and

excess

constmction mat.eria1l.

The

T1 118llt

shall

ensure

that

no

ashes,

tefuse, garbage t other Ioo5e or objectionable material accumulate on the

Leased Premises

and

to keep the Leased Premfles

cleail and

tidy.

(5)

The TeDBDt shall not store any construction materials or

equipment

on the access

road to

the Park.

11. (1) Neither the andlord nor. be Authoiity

slui1l be

responsible or liable, in any

form whatsoever,

for

damage.

or

theft. o ·the Temmt's or the TeDIID.t'.s

agents'

equipment and/or personal property nom

any canse

wbatsoevar, including

without limitation, use, storage.

theft,

fire or

vandalism,

and

the

Tenant expressly

releases

the

andlord

ftom

n y ~

l i b i l i t y ~

(2) The TeJUUit sbaU ICpOit

or

cause to be reported aJiy and aD

accidents,

mishaps

and

other

unusual

occur:rences, involving the

e a s e d ~

the

Work, or

the

Park

or

any

part thereof: or

any

r o j ~ o n s t r u t i o n manager, contractor or employee of

the Tenant tn

the

General

Manager

inwriting within twemy-ibiJr

(24)

hours ofthe

happening thereof;

on appropdate

report

fonns satisfilctory 1o the

Gencml

Manager.

22


24/34

23

12

{3) The Tenant acknowledges and agrees that the Landlord and the Authority are

not a party to,

nor

arc they boundby, any contracts the Tenant enters into with its

consultants, suppliers, sub-contractors

or the

general

contractor.

(4) The Tenant sball not name the Landlord or the Authority

s

a third party in any

dispute between the Tenant and

its

consultants or

ny of

its

supplierS

or sob

coiitntctors-, and

in the event the Landlord or the Authority

is

so named, the

enant

sba1l indemnifY the Landlord and the Authority as a result thereof

( 5) Upon substantial completion of he

Work,

the Tenant shall provide to the General

Manager two

(2)

sets ofreproducible as-builf• drawings of he field house

(to

be

provided

in

a form

satisfactory to the

~ e r l

Manager),

along

with

copies

of all

guarantees, warranties,

suJ)pliers lists

and any operational manuals.

(6) The Tenant shall be responsible for eilSUrlng ·that any deficiencies are corrected

and warranty work is completed to the GeneJ.1 ). ~ satisfaction.

12. {1) B u l l d i n g ~ i n C o u r s e o f . . C O n s t . r u c l i o n Jnsunmce ·

(a) Prior to the commencement

of

any

o n s t r u . c t i o ~

the Tenant or the general

contractor is

required

to effect,

maintain or cause to

bemaintained and

kept

in furce, until

completion

of

such

work; a policy

of

insurance that

sba1l

cover

the building, fixtures,

equipment

and

building materials forming part

of the project, during different phases of the

Work;

on an all risks

repl.acement cost basis (amount

of

· he project); • ncluding coverage fur

reswtant damage :from error or design and faulty workmanShip,

and

to the

extent

available and as would be obtained by a prudent owner

of such

a

project

(b) Except as

to

any portion of he building under construction

which is

insured

by

the

insnrance covemge provided pumuant to

the above, the

Tenant

shall,

at

all times dwing the Term of this Agreement, insure and keep

insured

the

building and

all

other insurable property

belOnging

to the Tenant

and

ftom

time

to

time located on the Leased Premises,

in

an amount

of

not less

than

the

replilCelllent cost

thereof:

f

applicable,

and a separate

policy of

insurance is maintained for the boiler 8nd pressure vessels, the policies will

include a Joint Loss. Agreement between insurer.;. The boiler and

machinery

coverage shall

be

on

a repair and replacement basis, in an

amount

to

reflect the replacement

cost

of the building and the contents and

equipment

located on the Leased Premises.

(c) The policies of insurances will include the Tenant and the Authority

as

additional insureds.

(2) Commercial

General

liability.

23


25/34

24

13

(a) The Tenant sball, at all times

during

the Term of is

Agreement,

maintain

or

cause

to be maintajnM. .Commercial Genaral Liability on a .per

OCCU%mlCC basis, including broad

fuan

contmctualliability

and

non owned

automobile liability

inSurance

against

claims

:fur

personal

or

bodily

injury,

death·

or property

damage arising in

connection wllh

b Leased

Premfsea

or

out

of

the

operations of he Tenant or

t s ~

sUbconfmct.oni

in.

on or

about the Leued e s

jndcmilifying

and insuring

the Tenant,

tbe Landlord

and

the Authority

and their

employees and all

others

for

w1...-

ch f•1...

•

at _. ibl · · ..... i\lllts and to such

exteot

wml ea o wem JS JA

respol1Sl

e m 51Ai U amo . . . .

as a prudeot

owner

of

such

a property would carry (which

amount

sball

initially be not less; than Five Million Dollm:s ( 5,000,000) during

y

period

of

construction

IUld thereafter during the

Term

of1his Agreement, not

less than Two Million ·Dollars ( 2,000,000).·

'The

policy wi.11 also include a

cross-liability JUd s e v ~

of interest clause aDd

cover

bodily injury and

property

damage

coverage. The policy Will include the Laudlord and the

Authority as

additional insureds.

(3) (a} Each of he p o ~ s of Dsurau.ce provided pursuant

to

this Section. 12 shall

contain a

clause which

states that

the

insurer will not cancel or mataial

change the policy to ita expiration, whether by reASOll of non-payment of

pxaniwn.

non-fuHilm.cmt Ofcondition

.or

otherwise, except after

thirty

days'

priorwritten notice

to

the Landlord.

(b) The Teaut

·

sball

provide the Landlord with cmtificates oi

all

insurauce

policies, including at

the

nmewal or the rep1acemeot of the insurance

policies, without request or

demand

by the Landlord.

(c)

Neither

the

Landlord

uor

the

Authority

shall have

any

liability

whataoever

with

reaped to claims or damages resulting

from the TeD.JIIlt'•

use or

occupation of

he

Leased Premises.

(d) Neither the Laudloni nor the Authorlty sball be liable fur any death or

injury arising from, or out of any occmrencc in; upon. at, or relating

1D

the

Leased Premises or damage to property of

he Teamt or

ofothem located

on the

Leased

re . .... nor sha1l they be IC8p0l1Sl ble for any loss

of

or

~ t o any property of he Tmuintor

others

ftom a n y ~ whatsoever.

(e) All pOlicies of nsurance shall be issued by

im

insurance company approved

y ~ Landlord and authorizedby Jaw

to

carry on business in the Province

of

Ontario.

(f) The Landlord's Deputy City Manager

and

Chief Financial Officer. ading

reasonably.

may require

the type and/or amount

of insurance

coverage to

change ftom time to time during the

Term

of his Agreement.

13. The Tenant

shall:

24


26/34

25

14

(1)

take

all reasonable steps to ensure

that

no construction or other liens arising out of

the

Work are claimed or filed against title to the Park or

the

Leased

Premises

or

any

portion thereof: whether

same

are made or filed by a project/construction

manager hiredby

the Tenant

or otherwise; and ·

(2) in the event that

any

construction or other liens are :filed against title to

the

Park

or

the Leased Premlses or any portion{s) thereof: or any actions or other court

proceedings are

commenced

against

the Landlord

or the

Authority:

(a)

-

(b)

(c)

forthwith take

all

steps necessary to effect the removal from title of such

· liens,

IJ}ong

with any Certificates

of

Action or other evidence

of

itigation,

including the payment ofmoney into comt and/or the purchase ofbonds,

i ecessary;

at the option and forthwith upon notification from the

eneral

Manager or

the

City

SoliCitor

so to do, defend any

such liens, claims and actions with

legal

counsel

( ~ C o u n s e l . , )

acceptable

to

the

City

Solicitor or,

in

the event,

in the opinion of the City Solicitor,

of

either .

any

actual or potential

conflict betwecm

the interests of

the Tenant the Landlord, Authority or

those for whom they

are

at law

respoDSI ble,

or COunsel selected by the

Tenant is not fully

defending

the intere ts of the Landlord or the

Authority,

forthwith

provide

c sh

funds

to

enable

the LandlOrd or

the

Authority

to retain Counsel of

ts

choice to do so;

and

fully

indemnify

the

Landlord

and the Authority in relation

to any such

claims, expenses, costs and civil liability.

14.

· (1)

The

Tenant

shall at

all

times

indemnify and

save

bJum1ess

the

Landlord

and

the

Authority

of

and

from any

and all mamier of claims,

demands,

losses,

costs,

charges,

actions and

other proceedings

whatsoever

(including those

under or in

connection With the Wf rkplace Stifety and mur nce Act, 1997, the Occupational

Health

nd

Safety ct or

any

successor legislation), made or brou8b,t against,

suffered

by

or imposed on the Landlord,

the Authority

or their property

n

respect of any loss, damage or injury

fmcluding

fatal

injnry)

to any person

or

property

(including,

without limitation, employees, agents

and

property of the

Landlord the Authority or of the

Tenant

and/or non-payment ·

of

project/construction managers, s u b ~ c o n t : r a c t o m ,

consultants,

sub-consultants and

suppliers) dircctly or indirectly arising out

of,

resulting from or sustained as a

result of the Tenant s construction at, occupation or use

of,

or any operation in

connection

with,.

the

Leased

Premises or any fixtures or

chattels

thereon

(including

water left running,

gas

that escapes or

imperfect

or insufficient

installation of

any

construction or other improvement thereon).

(2)

The

Tenant shall

fully indemnify and

.

save

harmless

the

Landlord

and

the

Authority from and against all liens

and

other claims under the Construction

ien

ct

or

any

successorlegislation related to

any

work performed y or at the direct

25


27/34

26

15.

(1)

15

or indirect request of the Teaant at

the

.Leued Premiles,

and

shall at its own

expense see

to the

removal ftom the registered

title to

the

Leased Premlsa

and/or smrounding lanc:ls,

by

disclulrgc or

Older,

of any claim for

such lien

or

Certificate

of

Action

in

connection therewitb, lnotnptly

and

in

any event

within

Ten

(1 0)

.Days of

being notified in writing by the Landlord to·

do

so, failing

which the

Landlord

may

:e to

such removal in

compliance

with

any

relevant

legislation, and .recover

the

expense and all attendant costa from

the

Tenant as

Rent owing

and in

arrears.

Whenever

in

Agreement

it

is provided

that anything

be done or performed.

such provisions are subject to

an

Unavoidable

Delay

and

neither

the

Landlord

nor the Teuant,

as

the case may be, sball·be regarded as

being

in defimlt

in

1he

performance of any

obligation .

hereunder

during

1he period of

any Unavoidable

Delay relating

thereto and ·each of them sba1l notify the other of 1he

commenceinent, dl.l11dion

· and consequ.cru::e so filr as the same is

within

1he

knowledge

of

the party

in

question)

of

any

Unavoidable

Delay

affimng tho

performance of any of bl obligations hereunder. The provisions

of this

section

shall not operate to excuse

the

Tenant frOm

the

piompt payment of

Rent,

or any

other

paymenm required by

tbis

Agreement

In

particular,

the

Landlord shall not

be

responsible for

any

of he Teunt s loss of business or

serviceS

u a result ofa

strike by theLmdlord s employees

or contractors,

and the Tenant

aclmowledges

and agi ee8

that

it ·shall

not

be entitled to any compensation

or

abatement

of

Rent

as a result thereat:

(2) Unavoidable DelaY

is

defined as:

strikes;

inability to procure materials

or

semces; power or mechanical failure; fmry dc1ays or stoppages;

ice

breaking

operations; governmental laws,

regulations

m controls; r ~ war; act of God

or

other

reason

which is

net

the filblt of he party

delayed inperfmming work

or

doing

acts required under the Terms of bis Agreement.

16.

1)

f the

Tenant shall fail

to

observe

or

perfimn any

of

the

tmms, covenants

or

oonditions

o ~

Agreement

then, the Landlord shall

give tm

(1 0)

daya

written

notice

to

the

Tenant

setting

out the defBu1t in

reason mte

detail Such. en (10)

day period may be

abbreviated

m case ofan emergency or where the Landlord

determines, not acting unreasonably,

that the

breach is llllfficimtly

substantial

to

wammt

abbreviating the

notice period. f

he TeD8Dt does not cmrect

the defimlt

within such period. or

i f

correcting

the defim1t wauld

reasonably

1Bke more tban

the length of

such period,

or i f he Tenant

does

not commence

to couect

the

default

within

such

period

and

thereafter

diligently

Carry

ont

the

correction tmtil

completed, the

Landlord

may, but

sball not

be obliged to,

cm::rect

the dafault and

for

this

purpose

shall

have all rights of rc>-entry

as

may

be

necessary or

desirable.

The

Tenant

sba1l pay the

Landlord s

costs and expenses of cox:red:ing the

defimlt

·

immediately

upon

demand by the Landlord,

together

with a reasonable

allowance fur ovemead and administration, as Rent

owing

and in

attearB.

26


28/34

7

16

(2)

In

the event that

tho

out is

n

default of

any

.of its obligations or cowmmts

hereunder, the Landlord

shall

n

addition

to

any and all other remedies available

to it

l.1lldcr the law and

under

this

Lease

be

permitted to ru-eotcr

the Leased

Pre:mJses or any

part thereof

i f

he Tenant

bas

fililed

to tmnedy the

default

within

the required timeframe

and

at the option

of

the Landlord, this

Agreement

sball

be terminated

(3) f the Tenant makes an .assignment tbr the

benefit

of its creditors, or becomes

insolvent

or

commits

an act ·of bankruptcy as defined

by

the anlauptey and·

Insolvency

ct (or n y ~

legislation),

or makes

a

proposal to

the Teunt s

creditors

or makes

a

sale

under the

Bulk Sola ct (or

any

S1lC:CCSSQrlegi 1ation)

of

the goods and chattelS at the

~ e

Premisei without the Landlord s prior

written consent,

or

i f

the

Tenant is subjected to volUIJ.tary .or compulsory

liquidation, dissolution or winding-up, or if-the Leased Premflell becomes

b n d o n ~ then, at the option

of

the Landlord, the lease shall cease, the Tenn

shall

be

at

an

erid the

Rent

for

the

then

next

ensuing

tbree (3) months

sball

immediately becom e due and payable and the Landlord may. e-entar and take

possession.

(4)

Whenever

the

Landlord or the

A11thority

takes any proceectinp, does

my

woik,

or otherwise

incurs any expense

or takes

any

action

with respect

to

any dafimlt

by

the Teuu.t, and whether or not legal proceedings

are

begun n conaeqocuce of

such de im t and whether or not

this

Agreement

is

terminated, the Lmdlord or

the Authority shall be entitled to be paid

by the

TeilaDt

furthw.ith on

demand

n

addition to any other amounts

which.

may be payable or owing

hermmder,

all of

the

following:

(a)

the

cost

of

effecting

any

repairs

or

performjng

my

obligation,

together

with

a reasonable alloWBDce

fur ovmhead and

administration;

(b) court com,

collection costs, and

legal

fees

on

a solicitor and

client

basis;

and

{c) interest

on pa:yments overdue UDder the terms of this

Agreement

and on

any

monies

expended by

a party

in

consequence

by any de1im1t by

the

Teunt at a rate which is fuur (4%)

peroentage points

above

tha

prime rate

charged by the TD Canada

Trust

prevailing

from

time to time.

In addition, the Landlord or the Authority shall have the right to apply for an .

injunction, specific performance, a

mandatmy

order, or similarreliefftom a court

ofcompetent jurisdiction and/or to sue fur damages.

(5)

Notwithstanding

subsection 16(4), j

he

Teuat fails to p y

rtml ·property taxes

when due and payable, sucll unpaid amounts shall

bear

interest at the rate of one

and a quarter percent (1.25%)

per

moitth

until

paid

in

and

1be

interest charge

7


29/34

28

17

specified in

clause

(c) of

subsection

16(4)

shall

not apply to such unpaid

real

property

taxes.

17.

Nothing

contained

in

this

Agreement

aball be

deemed

or

COlJSt:rt e4

by

the

Landlord. the

Authority or

the

Tmuuat

or by

any other person as creating the xelationsbip

of

principal

and agent or partnership or joint

ventares

.between the u d l o r ~ the Authority and the

Tenant,

it

buing

understood

and agn;ed

tbat

none of the provisions contained

in

this

Article or this

Agreement

nor

any

acts of he Landlord

or

theTenmt

shall

be

damed

to

create

any relationship betWeen them

other

than

the

relationship

of Landloi'd

and

TenBD.t

18.

The Tenant acknowledges, covaumm and

agrees

that, ci:cept to the cx:tent otherwise

expressly provided in this Agreement

(1) it

is

intended that

during

the Term aod any m1eWBl tb.ereo

this

Agreanent shall

be

absolutely

net

and carefree

to

1be

Landlord

and

the

Aldhoritf,

(2) neither

the

Landlord nor

the

Anthority

are

iesponsible during the Term or

any

renewal

thmm

fur

any

costs, charges, impositions, expcmes

and

outlays ofmy

nature wbatsoevar arising

fiom

or relating to the ~ m and occupancy ·of

the Leued Premiset iJr any part tbarc:of or the cnutciils

of

he

lmildinga

or my

busin ... carried on t:berefi:om;

BDil

(3) the Taumt sbaJl. pay aU msts, charges, impositions, m:pc:mies, .outla)ls and

·

obligations of every

nature and

kind

relating to.or

affcctilig

the

Lealed

Premilel,

or any part thmmt; which may arise or become due

during

the Term, extramdinary

as well as ordinary,

and foreseen as well

as

1I1lfim:see.n, to the sama stem

as

i

he

Tenant

was the

sole

ow.Dcr

of

he

Leased

r e m i s e ~ and

n

withoUt

prior notice or

demand

and

without deduction, sUspeosiori. abatement, set-of(

oountar-claim or

compeosa1ion

whatSoever cx;cept asmay be expressly

provided

in

this Agreement

19. The Tenant sba1l pay to the Landlord

an

amount equal

to

any

BDd all harmonized sales

taxes, value added t a x ~

business-.

1ran.st Cr

taxes,

or

any

other

tax whether

imposed on the

LancDord or the TeD.aD.t with respect to Rent

payable

by the

Teunt

tmdar this

Agreement, or

in

eSpect of the lease

of

the

Leued

Premllea

under

this Agreement,

whether cbaracterized as barmonized sales fwtt

value

added tax, business

tnmsfm

tax or

otherwise (all ofwhich are collectively hereinafter refaned

to

as the liST )

it

being the

intention of

the

parties that the Landlord

sball

be ully reimbursed by the Teunt

with

respect

to

any

and

all HST.

The BIDomrt o

such HST

so

payable

·by

the

Tenant

shall be

calculated

on a reasonable

and

equitable basis

in accordance

with

the

applicable

legislation

and

sball be paid to

the

Landlord at the same

time

as the amounts

to which

such HST apply arc payable to the Landlord undar the terms of his .Agtec:ment or

upon

demand

or at

sw:h

other time or times

as

the Landlord :from time

to

time

reasonably

determines.

28


30/34

29

18

. .-l 20. Any

obligation

of he Tenant

which

is outstanding

and

unfnlfilled on

the

expiry or

other

t ~ o

of his Agreement or any

renewal h r e o ~

shall survive

until

fulfilled.

I

21

1)

f he ·

Tenant

continues to

use

the Leased

Premises after the

expiration

of this

Agreement, it

shall

be deemed to

be

a month-to-moth

tenant at the

express

will

of

the a n d l o r ~ terminable upon

at

least 30

days

notice.

2) f he Tenant

is obliged to

vacate the .Leased Premises

by

a certain date and fails

to. do so at a time when the Landlord or the

Authority

is legally obliged to

deliver

possession thereof to

a third party,

the

Tenant shall indemnify

the

Landlord

and

the

Authority

fully

for

all

losses suffered as a

result of such

failure

22.

1)

Any

notice pursuant to

any

of he provisions of his

Agreement

shall_e deemed

tO

have

been

properly giVen

ifdelivered in person, or mailed

y

prepaid

registered

post addressed:

a) in the cuse

of

notice

to

the Landlord, to:

General

Manager of

Parks, Forestry and Recreation

4th

Floor;

WestTower

CityHall 100 Queen Street

West

Toronto, Ontario M5H 2N2

Attention: Director ofManagement Services

b)

in

the ofnotice r the

Tenant,

to:

Empire

Communities

125 Vtllarboit

Ctescc:nt

Vaughan, Ontario IAK

4K2

Attention: Daniel

duizzetti,

President

c)

in

the case ofnotice to

the

Authority, to:

Toronto and Region Conservation Authority

5 Shoreham Drive

NorthYork

ON

M3N 184

Attention:

Mike

Fenning. Senior Manager, Property Services

or to such other

address

as either party

may

notifY the other o±: and in the case

of

mailing as aforesaid, such notice

shall be deemed

to have been received y the

addressee,

in the

absence of a major interruption

in postal

service affecting the

29


31/34

3

19

handling/dtilivcry thereat: on the tbird business day

(excluding

Saturdays n the

case

of he Landlord as addressee) next following

the

date

of

mailing.

(2) Where

either

party to this Agreement

has

notified

the other

in

writing of a

change

of address fur the purposes of

subsection

22(1) hereot the

address

set out in the

latest

such notice of ·change of address, shall replace and

supersede

any prior

address

of

he notifyingparty fur such

purposes.

23.

(1)

The

Tenant

slWl

pay to the audlord

and

the Authority

all oft1lcir

legal

costs,

on

a IJOlicitor-and-client basiS, .of

an

adions or.

othar

proceedings in

which

the

Landlord or

tht

Authority

porticipates

in

oonnection with

01

arising

ont of

the

obligations of

the Taumt

under

the

Agreement or

arising aut

of

the TeJUIIIt s

occupation of he eased PremJsa, except to 1be eXtent that the andlord.pr the ·

Authority is not successful therein: ·

24. (1) No condonation,

excusing or overlooking

by

the

Laudlnnt·or the Tmumt

of

any

defiwlt breach or

non-obser:vmce of the othet's

obligatiQttS

UDder this

Agree:mJmt

at any time or times shall affect the LandiOnl's·or

the

Tenant's remedies or

rights with respect

to

any subsequent (even i

by way

of

contitrmttion)

default.

breach

or

non--observance;. . .

(2) No waiver shall be ftom or implied by anything done t omitted by the

Landlord.

(3) Any written waiver by the Landlord shall

have

effect onlyin accordance with its

express

terms.

(4)

AU

righm

and remedies

of

the Landlord under

this

Agreement

shall be

cumulative

and

not alternative.

25. All dollar

amounts expressed

in

his

Agreement shallbe oflawful

money ofCa:J18:da.

26. Reference

in this

Agrecmeot to

tho singular

or masculine

or rnmtar shall be construed as

meaning plural orbodypolitic or cmpmate

and

vice versa

wh r

the context so requires.

21 This Agreemcat and riglrts and obligations of the parties hereto ·sbisll be iutmprcted in

accordance

with

the laws

of

he

P:rov.ince ofOntario.

28. Every

obligation of

the Lamllord or Tenant expressed

in

this

Agreement;

even though

not

expressed

as

a

covemmt,

shall

be a

oovcmant

for

all purposes.

The

word Tenant

shall

be deemed to meari

each and

every Person

or party

mentioned as

Temm.t

herein,

whether

one

or

more.

29.

Time .shall be of the essence

n all respects of his Agreement

3


32/34

31

20

30. f all or

any

part of any term covowmt orcondition

of

bis Agreement or the application

thereof to

any Person

or circwnstances

is

to any extent held or

rendered invalid,

.

unenforceable

or

illegal,

tbe

remainder of his Agreemant

or the

application

of

u h ~

covenant or condition to Persons or

circomsbmces

othar

tban

those with reSpect to.which

it

is

held

invalid,

mum:foiceable

or

illegal

shall

not

be

a:ffected

thereby

and

shall continne

to be appliQible and entbrceable to the

fullest

.emmt t t e d by law. ·

31. This Agreement

and

the

Schedules

attached hereto

and furtning

a

part e r e o ~ set fbrth all

the covenants, promises, ag:metnettts,

conditiOns

and undemtandings between

the

Landlord, the

Authority and Taant eonc«nittg

the

Leased Premises

and

there

are no

COWil8ntB, promises,

agreements, conditions or mulerstandings either

oral

.or wr:ittal, between them other than as ·

are

set furth

in

this A-greement

EXcept

as otherwise provided

hc:rcin

:no subsequent alteriltion

amendment,

change or addition t this

Agreement

shall

be binding upon the parties

llDless

in

writing

md signed by

each

of hem.

32. This Agreement Bhal

enure

to the ba efit of and e ~

upoD.

the parties

heretQ

and

their

respective successors

and

(where

applicable.

permittrrl)

assigns.

u t h ~ r i z e d by Me,.,

FOIA - 2183 Lake Shore Blvd W. - Complete (2013-2015)

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Transcript of FOIA - 2183 Lake Shore Blvd W. - Complete (2013-2015)