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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
?
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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
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S II EDlJ LE
A
Location Map
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SCHEDULE 8
pproximate Area: 11 123 Square Feet
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SCJIEI>ULE C
Appmximah Area:
7
.U ScJuare Feet
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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
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
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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
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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
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:''
.
.
.
·
·
·
-
.
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
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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;
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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
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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 ·
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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.
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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
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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
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(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.
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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
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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
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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.
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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.
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(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:
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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
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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.
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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
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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.
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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
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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
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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,.,