.

Requesters Copy

Access Request No.:

Page Count: Z3

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 Committee entitled 'Process for the
Approval and Execution of Leases, Licenses and Other Agreements Wiithin the Parks, Forestry and Recreation Division (City Wide)" adopted as amended by City Council on
March 6 7 and 8 2001

Prepared By:

Brian Majcenic

Branch & Ward:

Parks Branch. Ward 6

Date Prepared:

July 1, 2015

Phone No.:

(416) 392-1485

Date Required By:

ASAP

File Reference:

Purpose:

To obtain authority to enter into two License Agreements with Empire Communities (2183lake Shore Blvd)
ltd (the "Licensee'') whiQ1 will consist of a Crane Swing Agreement and ari Agreement for the use of Tiebacks both of which will be used in the construction of a condominium development directly adjacent t~
parkland owned by the Toronto Region Conservation Authority and managed by the City.
.

location:

PIN: 076240125, directly adjacent to 2183lake Shore Blvd West, collectively shown in the attached
Schedule "A" (ihe "licensed Area~)

Financial Implications: Net revenue generated to the City will be $101 ,631 .04 for the Crane Swing Agreement and $45,931 .92 .for the
Tieback Agreement plus all and any applicable taxes for the term of the agreements.
Recommendations:

1.

2.

3.
Comments:

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,
Authority. be granted to enter into a license Agreement for the use of construction tie-backs with
Empire Communities (2183lake Shore Blvd) Ltd; and

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

thereto.

Empire Communities (2183 lake Shore Blvd) ltd approached Parks, Forestry and Recreation to enter into
two separate Agreements which are included under one OAF . .
Agreement #1
The licensee
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~me
terms and conditions.

will

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)

(2)

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 available in Operating Budge) (Acct. No.

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

Terms and Conditions approved by the Operating District are:
(a) Attached;
(b) Above;
OR

(3)

General Indemnity:

D
0

(4)

Environmental Indemnity:

O.equired

(5)

Insurance:

[X]

(a) To Be Obtained;

(b) To Be Given:

OR

(c) N/A

D o t required (Specify reason):

As per agreement

Amount Per Occurrence: S 5,000,000.00

MILLION:

Other Financial Details:

a) N/A

(c) N/A

Q NIA
~Type(s) :

(6)

D
0

Qo

OR

Q e s: if so. who pays ?

b)

R-Pian required:

c)

Other costs (fixturing, improvements): S

Aggregate: $

- - - - -- MILLION

_ _ _ _ _ _ Payable b y ? - - - - - - - - - - - - - - - - - - - - -

5
D

Leases, lic~nses 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 at market rates, and where the total revenue received is $500,000.00 or less.

i, g~2:~~~~;:~~-r ~,~~~:.~:~~~~~~~gt~~,t ~;~~~~ : ~~-~,~~~:H~D.hi~.~i-~~~rtr~~~:~!M~-~~~lttl?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/l icensee;

(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 at market rates and where the total revenue
received is $500.000.00 or Jess.

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

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

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

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

~;~~~~~f~1~~~~!~?:r:-r.;~~~-~-~~~~.~~!~7~~~~;!!~~E~~!e~r[~~~!5~~t.~~~I~~~~~it

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 at market rates , where the revenue received is $100,000.00 in total or less .
.

Title

Recommended/
Approved

Date
/

~ ~ -

~/cf/t)

Ryan Glenn,
Manager
Director,
Ann Ulusoy
General Manager,
1
Janie Romoff

~J ~-j l 'i

Councillor:

Mark Grimes

Councillor EA:

Kim Edgar

Contact Name:
Contact By:

Phone:

Councillor concurs:

r1f'4Lillo 111~ .

IE-Mail: X I Memo: jOther:

1Yes: X

Comments:

UG - 7 20~fJ~u

1No:

'

1/ {./'V
J

Return To:

Brian Majcenic
Business Services. PF&R
Metro Hall. 24th Floor

--

Consultation with other Branches and/or Divis ions:

Branch I Division:

Parks Branch

Branch I Division:

Legal

Contact Name:

Donna Kovach is

Contact Name:

Lisa Strucken

Comments:

Proceed with Agreement

Comments:

6
SCII EDlJ LE "A"

Location Map

7
SCHEDULE "8"

Approximate Area: 11.123 Square Feet

8
SCJIEI>ULE "C"
Appmximah! Area: 17,.U7 ScJuare Feet

Page 1 of 1

9
Brian Majcenic- RE: Empire Communities- License Agreement

From:
To:
Date:
Subject:

Kim Edgar <kedgar@toronto.ca>

Brian Majcenic <bmajcen@toronto.ca>
04/13/2015 1:22PM
RE: Empire Communities - License Agreement

Hi Brian,
If Parks and TRCA are satisfied w ith the conditions, then Councillor Grimes has no concerns.
Thanks,
Kim

From: Brian Majcenic [mailto:bmajcen@toronto.ca]

Sent: April-13-15 12:28 PM
To: Councillor Grimes
Cc: Kim Edgar
Subject: Empire Communities- License Agreement

Good afternoon Councillor,

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 tiebacks 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 area
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
t. 416-3 92-1485 I e. bmajcen@toronto.ca

I City of Toronto

9
file:///C:/Users/bmajcen/AppData/Local/Temp/XPgrpwise/552BC2FDCOTSEC1EDCOl...

04/13/2015

10

~TDRDNm

,\nna Kinastowski, ll.A., LL.Il."

City Solicitor
Lcgai .Serviccs

Metro Hall. 26th Fl.. Stn. 1260

55 John Street
Toronto. ON MSV 3C6
Tel. 416-392-8047

Fa.'( 416-397-5624
Cert!f/ed by the Luw Sac:iety tu u Specialist in
;1/unicipa/l.aw: Local Government ! Laud

Use Planning & lJevelopment

Rtply lo:
Td :
Fax:
f: Mail:

Lisa Srruckcn

File No. <154-2200-5960.12

~J6 . )92-S'il8

~16.-3 92 - 1017

lslntck<~!f tonmto . ca

BY nEGULAR MAIL
June 4, 2013

Lori Colussi, Manager, Leases & Risk Management

Toronto and Region Conservation Aurhority
5 Shoreham Drive
Downsvicw ON MJV I S4
Dear Ms. Colussi:

Re:

Lease Agreement between City of Toronto, Empire Communities Ltd., and Toronto
and Region Conservation Authority

Enclosed please tind one fully executed original copy of the above-noted Licence agreement tor
the above_;noted matter, for your records.

Yo~ truly, 1 :f ...--- -

't':/1/ t/i:.t_t.,fd/\__;
.

p"{; c( /L..//

Lisa Strucken
/Encl.

10

,_.

11

~.TORONTO

,\nna Kinastowski. 0.,\ .. LL.B.*

City SPiicitor
I.ega I S~:rvicc~
Metm Hall. 26th Fl.. Stn. 1260
55 John Strl!~:t
Toronto, ON !\:15V 3C6

Td. -ll6-392-ll0<17
Fax -116-397-5624
+ <<Irtrlied hy tire Law Socii! I}' a.! a Spedali.vt in
.\luniCTpa/ f.uw: Lotal Ucm~mment / Laird

l \e Plan11i11g & D.:ve/opment

r,,:
I'd '

r.l~a Sttuckcn

Fa~:

.llli-\92-llll 7

l{~ply

E-Mail:

Hu.l'l2-~5

File No.

M -1-21llll-~')110. 12

IK

lstrlickc~!?-'toronto.~a

BY REGULAR MAIL
June 4. 2_0 13

Daniel Guizzctti
President
Empire Communities
125 Villarboit Crescent

Vaughan ON L4K 4K2

Dear Mr. Guizzetti:

1-te:

Lease Agreement between City ofToronto, Empire Communities Ltd., and Torordo
and Region Conservation Authority

Enclosed please lind one fully executed original copy of the above-noted Licence agreement tor
the above-noted matter, tor your records.

Yours truly,
(_.:

. ...

r.isa Strucken
/ Encl.

c.t:.: Patrick :VIcCabe;. Parks. For\:siry & Rccr~ation

t i l .l:C.; I<F J)lnnl! l ,~tlt.!t hi Ewplh. ,!wt~ l . .~ill' ~h.~

11

12

TBIS LEASE AGREEMENT made in quadruplicate this lat day ofFebruary, 2013

BETWEEN:
CITY OF TORONTO

(hereinaft called the "Landlord'")

..
~-

--

of the First l'art;

EMPIRE COMMIJNITIES (2183 LAKESHOBB BLVD.)

LTD.

f':''.' .

(lurcinafter called the wreDIIJf'}.

II .

oftho Seccmd Part;

-aDd

J'.

--

TORONTO AND REGION CON8DVATION All'I'HORirY

(hcreinaihr called tD8 "Authority")

oftho l'hUd Part.

i .

J
J.'

J
J

J
J

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 ~ 1D an agn.wnmt dated the

October 11, 1972 (the~Agreemmtj; aod

AND WBEREAS.tba M11Dft81""ent~ does not allow the L~ to lease 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 mutually agree as mUows:

1.

(1)

(a) . ~to the teau oftheManagemeat.Aanemataod 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 of~ (3} Yean,
commencing on tho date.upon which a lmilding palit for tho iJalea office is
is~ by the City (t:ho "Bnildfng Pmmitll). which the parties.antidpatQ will occur

I
12

13

on or about March 1, 2013 and expiring three years later, on the terms and
conditions set out in tbls Agreement

The Tenant does not have the right to usc anY land owned by the
Ludlord or the Authority beyond the boundary of the Leued Premises.

A (b)

2.

(2)

'lbc Schedules attached to this .AgnBntmt have the same force and effect as lf1hc
infbrmation contaiDed therein were contained in the body of this Agreement

(1)

The Teliant sball pay Rent as follows:

x (a)

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

annum plus HST as described in section 19 of this Agreement, fur a tom1
of One HUDdied and Thirty-Eight ThouSand N"me Htmdmi and N"mctyN"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

the Leased Premia or the Taumt'1 use thereat: emtJt 1hose which ue
the respoDSJ.Dility ofthe Landlord as specificaD.y set out in this
Agrcc:ment

(2)

The Landlord eovenanm with the TeJUUlt that if the

Taumt pays the Reot and

Additional Rant hardJy n:sca:ved lmd ptdbtml ita CCMID8Ids and obligatiODB
h~ c:ontained, the TeiUIDt aha11 quietly and peiualbly po88t'l88 and .enjoy the
Leased .J'remlsell for the Term without any intm.ruption ot disturbance fiomn the
LIIDdlord or any other penon lawfully claiming lJDdar it, except as otherwise set
out in this Agreement.
.
3.

(1)

1be Tenant covenants with the Landlord:

(a)

(b)

to pay the Rent and Additional Rent;

to pay all taxes. including any HST and real pioperty taus if 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 Teun~ tD pay to
the Landlord or, as it may direct, the excess taxes resol1ing from such
support;

13

14
3
(c)

to pay all taxes in respect of the business carried on by the Temmt at. or
levied.by reason of the Tenant' occupation ot; the Leued Pl'emlaes;

(d)

to ammge for, and pay to the appropriate.suppliers, 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 by 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:ithomlimitatiOn, .all stmctma1 repairs:
and rePaiD - replacement of all electrical, mecbanical, plumbing,
heating. veotUation and air conditioning ~eat 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 repair upon reasonable notice to the Tenant, except in the 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 during such aceess;

(g)

to use the Leued Premiaea only as a sales centre and associated parldng
lot forcondominioms 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 the Environmintal

Protection A.ct (Ontario) or any other applicable legislation. any explosive

or flmnmable substances; pollutanta, contamiuBDfB or hazardmJa or

environmentally sensitive materials at the Leased Pramilet athfir than the
fuel in the fuel tanks of motor vehicles, or bearing fuel fur the buildings in
a safe storage tank Within.the 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
Ludlord acknowledges that the cmrcm:t use in accordance with the
provisions of this Agreemen~ 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

15
4

Landlord may cause damage to the Leased Premflea

ar

any

neighbouring property, and without limiting the genem1ity of the

foregoing, the
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;

release

(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 Ontarians with Duabilides Act
and the City's Actessibility standatds for Customer Servi~ Training
RequirementS Policy. zoning by-la.wlf, building codeS,_the Ontario Fire
Code. the EIMronmental Protection Act and any other' ~
legislatiqn) ~g the Leaed ,_..a and/or its operation and uso by
the Tenant and those authorized by or under the Tenant, includingthe
obtaining of an ~rirY . permits and licences, to submit proof of such
compliance at the request of the General ~ and to indemnify and
save the Landlord and the Authority harml~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 Premise~, and to keep the Leued
Premises clean 8IId tidy;

">(:. (m)

ifthe Landlord electa to ietain the building. to leavetha Leaed PremJaes

(including buildinW~ and-BVAC, -electrical, mecbanical, plumbing and
other ilystems if the building is retained by.thO 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 the LmdlonJ, which eonscot may not 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 expcms~ to nmove ftom the Leased

an

Premlaea within Sixty (60) Days {Ninety (90) days if the 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 if so
requested by the General Manager), with all damage~ if any; caused by
such removal made goOd by 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

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 at 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 the Leased Premises.

(2)

The Tenant Shall supply all fire extinguishers required within. the Leased
Premises in accordance ~th 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 Lu11Iord to petfonn or pay for any
work in relation to the Leased Premtses except as specificBlly set out in this
Agreement.

(6)

4.

(1)

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 or manage same, if caused by the Tenmt 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 other proceedings whatsoever
made or brought again:st, suffered by 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
prop~ of the Landlo~ th~ Authority or of the Tenant) directly or indirectly
arising out .of: rc:sultmg from, or sustained as a ~sult of any of tbe Tenant's acts
or omissions relating to the Hazardous Materials~ The Tenant shall give the
Landlord a copy of all reports prepared in the review or finding of my
Hazardous Materials.

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

17
6

(2)

The Lamllord shall traiJsfi,r or assign tD the Tenant any warranties or guanmtees
in relation to the Landlord' wOik _as set. out in subsection (1) above, where

possible and applicable.

5.

(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:idu1Jit upon .interior 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)

(3)

The Tenant shall refrain from putting up or exhibiting llpOil 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 ofthe G~ Manager.

All signs must be .of ll size, design and construction aatisfBctory to the General
acting reasonably~ aod must c:omply with all laws and by-laws relating
to signs.
-

Manager,

'*

(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 by 1he Teamt or those fur whom .
the TeDaDt is at law.responsible, without 1he prior mitten r;oxmcot of the 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 is at law ~le. 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. if 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 sba11 be responsible fur obtaining any
. pmmits necessary fur the removal or relocation of any 1rees.

(3)

In the event that any trees are damaged or destroyed by the conduct of the 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

18
7

Agreement upon sixty {60) days' notice in writing unless tho Tenant has
remedied the ~ituation 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 of which 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 utility ofthe 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 City'~ 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 the Genflral Manager and the Dhectm;

of

(c)

. (d)

all Worlc shall be constructed expeditiously, in a good and worltmanljko,.

manner, in: compliance With detailed plans approved by the General
Manager and the Director and in compliance with all applicable. municipal
by-laws and Other laws, regolmons and requirements of all authorities
having jmisdi.ction, induding an buil.-1:
....... and
fire. codes. material ~~
~
rules, tegulati~ 3bmdards, laws and by--laws whether Fedcnd, Provincial
or Municipal, relating to design. construction and safety, applicable at the
time the Wmk: are made;
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 Lien .Act (Ontmio) or wbi~ the TenBDts architect
has certified are properly to be retained in order to secure due perfmmancc
ofthe work).

(2)

If the 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 the General Mimagcr and the Director, full, detailed
tender drawings and specifications along with a site safety plan. Any and all

18

19
8
changes to the approved plans, drawings and specifications must be approved by
the General Manager, acting reasonably.

(4)

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 Manager~

8.

(5)

The Tenant acknowledges and agrees that the Landlord and the Av:thority are
not the CODStru.ctor of the.Wodc, fur the purposes of the 0~ Health and
Safety Aci. If theCitY or the Authority are deemed to be 1he c:onstroctor, the
Tenut shall indemnify and save the City and the Authority harmless from any
liability or costs suffered by the City or the Authority as a result thcreot:

(6)

The TeJWtt shall perform the Work,. or cause it 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 if applicable, the Accessibility for Ontarimrs with Dlsabilitla Act 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 Premise~, the
staff mnployed by the Teaat, or.anything in OODDfldion ~ and shall
obtain and pay for all necessary pemrlts and licmses.

(1)

The Teaant acknowledges that if 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.to be paid purSuant to the
Development Chmga Act (Ontario) or IUlY ~ legislati~ that all sach
levies and charges are to be paid by the Temmt.

(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
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 if the 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 the Leued Premllet
and will not thereby tetter my of its statutory or ot1mr powma or mandates. The
Tenant sbal1 perform all obHgations 1llldcr any SDCh agreement as applicable to

mn

the buildings at no cost 1D tha Landlord or tbe A1dhodty, except to the emm
otherwise expressly provided herein and the fai1t1re 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

20

tL (3)

The Tenant shall not be entitled tD do further Work to the Leased Premises or
expand or renovate the buildings without the prior written approval of the 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 tO provide (or
the Tenant shall cause its general contractor or construdion manager to provide)
to the General Manager each ofthe fOllowing:
(a)

a Labout and Material Payment Bond, in the amount of 500/e of the value
of the WOrk, fur the d1ie 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
direct contract with tf:ac TtDI.dt's comractor;
removal of registered lien claims aod ccmficatcs of action :fromtitle 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 the value of tho W~ 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)

(5)

(6)

if 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 of any part thm:eo( and for tbo vacating of any valid lien claims
or Certificates of Action related to theWork. The letter of credit shall be
released 11pon the expiry ofthe lien claim period.

The Tenant shall provide an assignment of each constmction contract to the

Landlord. as security for the Tenmts obligation to perfonn the Worlc, on the
Landlord's standard :fucn.
All construction contracts shall provide fur property damage and liability
insurance satisfactory to the Landlord

20

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 Manager~ if 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 Manager~ and include a plan to limit and mitigate
interruptions, to the General Manager's satisfactiOn.

9.

(10)

The Landlord's staff designated by the General Manager and the Director shall
be permitted acce5s to the Leued Premises at all times during construction.

(11)

The TeiWit agrees to complete the W ark in compliancewith 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
required permits,

(1)

The Temmt shall be solely responsible fur any and ..U costs ~ liabilities
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 in 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 Managar wi1b 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.

). (2)

The Tenant and ita consultants and contmctoiS me bound by the City of 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 ofthe General Manager.

(3)

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
constructio~ material tnmBportation or dming any aspect of the Work. The

21

______22 .
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.

11.

(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. All matarials lind'equipment must
be stored within thC hoarding area. The Landlord shall not.be liable fur any
materials or equipment stored at the .L eased Premise&. The locatibn and type of
hoarding .barriers provided must be approved by the appropriate staff of the
Landlord. The.LandlJrd shall have the right to inSpect the construction site at
any time, without prior notice.

(2)

The TeJUUit shall ensure that a site safety and hoarding pl~ acCess to the
construction site, the loCation of hoarding. all signa, no&es; barriers and other
related site safety measures .are 8pptoved by the GenaraJ. M.anagcr before being
installed or imp1emeofl:d in or around the Pmt:.

(3)

'I'M TeDIIDt shall, at its soie ~ make pd any roadways, pitb.ways, trees
.and landscaping ~ as a result of the Work, aud shall msto.n: the Plu:k. to its
original condition, except where changed .and agreed to in accordance with this
Agreement, .:fOlloWing completion 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 sba1l 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 ot 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.

(1)

Neither the Landlord nor.tbe Authoiity slui1l be responsible or liable, in any

form whatsoever, for damage.or theft.to 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 Landlord ftom any~ liability~

(2)

The TeJUUit sbaU ICpOit, or cause to be reported, aJiy and aD accidents, mishaps and

other unusual occur:rences, involving the Leased~ the Work, or the Park
or any part thereof: or any proj~construction manager, contractor or employee of
the Tenant tn the General Manager in writing within twemy-ibiJr (24) hours ofthe
happening thereof; on appropdate report fonns satisfilctory 1o the Gencml Manager.

22

23 .
12

12.

{3)

The Tenant acknowledges and agrees that the Landlord and the Authority are
not a party to, nor arc they bound by, 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 as a third party in any
dispute between the Tenant and its consultants or
of its supplierS or sobcoiitntctors-, and in the event the Landlord or the Authority is so named, the
Tenant sba1l indemnifY the Landlord and the Authority as a result thereof

( 5)

Upon substantial completion of the Work, the Tenant shall provide to the General
Manager two (2) sets of reproducible "as-builf drawings of the field house (to be
provided in a form satisfactory to the ~eral Manager), along with copies of all
guarantees, warranties, suJ)pliers lists and.any operational manuals.

(6)

The Tenant shall be responsible for eilSUrlngthat any deficiencies are corrected
and warranty work is completed to the GeneJ.1!). ~s satisfaction.

{1)

Bullding~in-Course-of..COnst.ruclion Jnsunmce

any

(a)

Prior to the commencement of any constru.ctio~ the Tenant or the general

contractor is required to effect, maintain or cause to be maintained 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 the project); including 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 the 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: If 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)
(2)

The policies of insurances will include the Tenant and the Authority as
additional insureds.

Commercial General liability.

23

24
13

(3)

(a)

The Tenant sball, at all times during the Term of this 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,
deathor property damage arising in connection wllh b Leased Premfsea
or out of the operations of the Tenant or its~ sUbconfmct.oni in.
on or about the Leued ~es. jndcmilifying and insuring the Tenant,
tbe Landlord and the Authority and their employees and all others for
w1... at,_.
.....
~1...
i\lllts
.wml each of1...
wem JS
JA" respol1Slible m
151Ai,U amo
... and
. to such
. exteot
.
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 ay
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 sev~ of interest clause aDd cover bodily injury and
property damage coverage. The policy Will include the Laudlord and the
Authority as additional insureds.

(a}

Each of the po~es of iDsurau.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'
prior written notice to the Landlord.

(b)

The Teautsball 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 ofthe 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 the Teamt or of othem located
on the Leased Pre......., nor sha1l they be IC8p0l1Sl"ble for any loss of or
~to any property of the Tmuint or others ftom any~ whatsoever.

(e)

All pOlicies of insurance shall be issued by im insurance company approved

by~ Landlord and authorized by 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 this Agreement.

13.

The Tenant shall:

24

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 hired by 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)

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 litigation,
including the payment of money into comt and/or the purchase of bonds,
ifnecessary;

- (b)

at the option and forthwith upon notification from the General Manager or
the City SoliCitor so to do, defend any such liens, claims and actions with
legal counsel (~'Counsel.,) 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 intereSts of the Landlord or the
Authority, forthwith provide cash funds to enable the LandlOrd or the
Authority to retain Counsel of its choice to do so; and

(c)

14.

fully indemnify the Landlord and the Authority in relation to any such
claims, expenses, costs and civil liability.

(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 lmurance Act, 1997, the Occupational
Health and Safety Act or any successor legislation), made or brou8b,t against,
suffered by or imposed on the Landlord, the Authority or their property .in
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, sub~cont:ractom, 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 Lien
Act or any successorlegislation related to any work performed by or at the direct

25

26
15

or indirect request of the Teaant at the .L eued 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.
(

15.

(1)

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, sballbe 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 ibl 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 the Teunt's loss of business or serviceS u a result of a
strike by theLmdlord's employees or contractors, and the Tenant aclmowledges
and agi'ee8 that itshall 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; rl~ war; act of God or
other reason which is
the filblt ofthe party delayed in perfmming work or doing
acts required under the Terms of tbis Agreement.

net

16.

(1)

If the Tenant shall fail to observe or perfimn any of the tmms, covenants or
oonditions of~ Agreement then, the Landlord shall give tm (1 0) daya written
notice to the Tenant setting out the defBu1t in reason.mte detail Such.ten (10)
day period may be abbreviated m case of an emergency or where the Landlord
determines, not acting unreasonably, that the breach is llllfficimtly substantial to
wammt abbreviating the notice period. If the TeD8Dt does not cmrect the defimlt
within such period. or if correcting the defim1t wauld reasonably 1Bke more tban
the length of such period, or if the 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

27
16
(2)

In the event that tho Tout is in default of any .of its obligations or cowmmts
hereunder, the Landlord shall in 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 if the Tenant bas fililed to tmnedy the default within
the required timeframe, and at the option of the Landlord, this Agreement sball
be terminated

(3)

If the Tenant makes an.assignment tbr the benefit of its creditors, or becomes
insolvent or commits an act of bankruptcy as defined by the Banlauptey and
Insolvency Act (or any~ legislation), or makes a proposal to the Teunt's
creditors or makes a sale under the Bulk Sola Act (or any S1lC:CCSSQrlegi!1ation) of
the goods and chattelS at the ~ed Premisei without the Landlord's prior
written consent, or if the Tenant is subjected to volUIJ.tary .or compulsory
liquidation, dissolution or winding-up, or if-the Leased Premflell becomes
abandon~ 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 become due and payable and the Landlord may.re-entar and take
possession.

(4)

Whenever the Landlord or the A11thority takes any proceectinp, does

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 in conaeqocuce of
such de1im1t and whether or not this Agreement is terminated, the Lmdlord or

my

the Authority shall be entitled to be paid by the TeilaDt furthw.ith on demand in

addition to any other amounts which. may be payable or owing hermmder, all of
the following:
(a)

(b)

the cost of effecting any repairs or performjng my obligation, together

with a reasonable alloWBDce fur ovmhead and administration;

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 similar relief ftom a court
of competent jurisdiction and/or to sue fur damages.

(5)

pay

Notwithstanding subsection 16(4), jf the Teuat fails to

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

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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:rt1e4 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 Ludlor~ 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 the Landlord or the Tenmt 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 of my
nature wbatsoevar arising fiom or relating to the ~me and occupancyof
the Leued Premiset iJr any part tbarc:of or the cnutciils of the lmildinga or my
busin.... carried on t:berefi:om; BDil

(3)

19.

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 ifthe
Tenant was the sole ow.Dcr of the Leased Premise~ and an withoUt prior notice or
demand and without deduction, sUspeosiori. abatement, set-of( oountar-claim or
compeosa1ion whatSoever cx;cept as may 'be expressly provided in this Agreement

The Tenant sba1l pay to the Landlord an amount equal to any BDd all harmonized sales
taxes, value added tax~ 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 IeSpect 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 of which are collectively hereinafter refaned to as the "liST") it being the

intention of the parties that the Landlord sball be "f ully reimbursed by the Teunt with
respect to any and all HST. The BIDomrt of such HST so payableby 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 this .Agtec:ment or upon
demand or at sw:h other time or times as the Landlord :from time to time reasonably
determines.

28

29
18

.,.-l

20.

Any obligation of the Tenant which is outstanding and unfnlfilled on the expiry or other
t~on of this Agreement or any renewal thcreo~ shall survive until fulfilled.

,I

21.

(1)

If theTenant 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 Landlor~ terminable upon at least 30 days notice.

(2)

If the 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 the provisions of this Agreement shall_be deemed tO
have been properly giVen if delivered in person, or mailed by prepaid registered
post addressed:

(a)

in the cuse of notice to the Landlord, to:

General Manager of Parks, Forestry and Recreation

4th Floor; West Tower
City Hall. 100 Queen Street West

Toronto, Ontario M5H 2N2

Attention: Director of Management Services

(b)

in the ~e ofnotice ro the Tenant, to:

Empire Communities

125 Vtllarboit Ctescc:nt

Vaughan, Ontario IAK 4K2

Attention: Daniel duizzetti, President

(c)

in the case of notice to the Authority, to:

Toronto and Region Conservation Authority

5 Shoreham Drive
North York 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 by the

addressee, in the absence of a major interruption in postal service affecting the

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30
19
handling/dtilivcry thereat: on the tbird business day (excluding Saturdays in the
case ofthe Landlord as addressee) next following the date ofmailing.

23.

(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 the notifying party fur such purposes.

(1)

The Tenant slWl pay to the Laudlord 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 the Leased PremJsa, except to 1be eXtent that the Landlord.pr the

Authority is not successful therein:

24.

(1)

No condonation, excusing or overlooking by the Laudlnntor 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'sor the Tenant's remedies or
rights with respect to any subsequent (even if by way of contitrmttion) default.
breach or non--observance;.
.
.

(2)

No waiver shall be ~ ftom or implied by anything done ot omitted by the

Landlord.

(3)

Any written waiver by the Landlord shall have effect only in 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 this Agreement shall be oflawful money ofCa:J18:da.

26.

Reference in this Agrecmeot to tho singular or masculine or rnmtar shall be construed as

meaning plural or body politic or cmpmate and vice versa
the context so requires.

21.

This Agreemcat and riglrts and obligations of the parties hereto sbisll be iutmprcted in
accordance with the laws of the P:rov.ince of Ontario.

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 in all respects ofthis Agreement

where

30

31
20
30.

If all or any part of any term, covowmt or condition of tbis Agreement or the application
thereof to any Person or circwnstances is to any extent held or rendered invalid,
.unenforceable or illegal, tbe remainder of this Agreemant or the application of such~
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 ~tted by law.

31.
This Agreement and the Schedules attached hereto and furtning a part bereo~ set fbrth all
the covenants, promises, ag:metnettts, conditiOns and undemtandings between the Landlord, the
Authority and Taant eoncnittg the Leased Premises and there are no COWil8ntB, promises,
agreements, conditions or mulerstandings, either oral.or wr:ittal, between them other than asare
set furth in this A-greement EXcept as otherwise provided hc:rcin, :no subsequent alteriltion,
amendment, change or addition t9 this Agreement shall be binding upon the parties llDless in
writing md signed by each ofthem.
32.

This Agreement Bhal1 enure to the ba1efit of and be~ upoD. the parties heretQ and
their respective successors and (where applicable. permittrrl) assigns.

Auth~rized by

Me,., k,

hohtM

= I I

SIGNED AND DELIVERED

as adopted by Ci7sf'lj>qonto Counci

on

~OJ/

)
)
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~----------~~~--~)

}
)
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Witness:
Print Name:

Witness;
Print Name:
Wltneis:
Print Name:

)
)
)
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)
)
)
)

City Clerk

EMPIRE COMMVNJ.TIES (1183

~)L1D

..,,

Peri Daniel Guizzetti

Presi.dent & CEO

Per:
J/We have authority to bind the Corpondion.
TORONTO AND REGION
CONSERVATION AlJTHORI'IY

Per:

-}~l'z:J!~
Kathy Stranks

Per:

Manager, Corporate Secretariat

1/We.-have authority to bind the Authority.

G:\LlG\III~UCD\654hr~l1r..plqC__...Ii!I\Acf.~l'eb21,ltll.dlc

AP~~~flS TO FOAM
/1 . ' .
...............
... . ---..............
For ANNA KINASTOWSKI

C ily Solicitor

31

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33