Agenda - General Committee - 20040420TOWN OF AURORA
GENERAL COMMITTEE
AGENDA
NO, 04-13
TUESDAY, APRIL 20, 2004
7:00 P.M.
COUNCIL CHAMBERS
AURORA TOWN HALL
PUBLIC RELEASE
16/04/04
TOWN OF AURORA
GENERAL COMMITTEE MEETING
AGENDA
NO. 04-13
Tuesday, April 20, 2004
Councillor West in the Chair.
DECLARATIONS OF PECUNIARY INTEREST
H APPROVAL OF AGENDA
RECOMMENDED:
THAT the content of the Agenda as circulated by the Corporate Services
Department be approved as presented.
III DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
IV ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
V DELEGATIONS
Mr. John Sanderson, President and CAO of Aurora Hydro (pg. 1)
Connections Ltd./ Director of Borealis Hydro Electric Holdings Inc.
and Mr. Gary Schneider, Manager - Transmission Approvals, System
Development, Hydro One
Re: Overview of Supply Facility Plan
Ms Patricia Robertson, Chief Executive Director, York Region (pg. 4)
Neighbourhood Services Inc.
Re: Request for Council to Consider Recommendations to Stabilize
the Financial Solvency of the Crescentbrook Farms Child Care Program
General Committee Meeting No. 04-13
Tuesday, April 20, 2004
Page 2 of 5
Mr. Sam Zimmerman, Principal, Transportation Planning (pg. 31)
Re: York Region Rapid Transit Upcoming Construction Activities
Mr. Viktors Jaunkalns, Representing NORR Limited (pg. 32)
Re: Aurora Recreation Complex Design Concept
VI CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Vll OTHER BUSINESS, COUNCILLORS
Vlll ADJOURNMENT
General Committee Meeting No. 04-13 Page 3 of 5
Tuesday, April 20, 2004
AGENDA ITEMS
1. ADM04-010 - 2003 Annual Report (pg. 44)
2.
9
3
5.
RECOMMENDED:
THAT the attached 2003 Annual Report for the Town of Aurora be
received as information.
CS04-014 - Request for Exemption from Licensing By-law
RECOMMENDED:
(pg. 84)
THAT Council exempt Boyz Toyz Corporation from Sections 16
and 17 of the Town's Place of Amusements By-law to permit staff
to proceed with the licensing of the corporation.
LS04-014 - 2004 Community Grant Requests
RECOMMENDED:
(pg. 88)
THAT the 2004 Grant requests including Community Grants and
Special Events Grants totalling $80,210 be approved for
distribution as outlined herein upon approval of the 2004 Budget.
PL04-048 - Transfer of Servicing Allocation
RECOMMENDED:
(pg. 95)
THAT Servicing Allocation for 58 units be transferred from St.
John's Road Development (D12-00-1A) to Preserve Homes (D12-
01-5A).
PL04-046 - Modifications to the Precedent Industrial/Commercial
Subdivision Agreement
RECOMMENDED:
THAT Report PL04-046 be received for information; and
(pg. 98)
THAT the modifications to the Precedent Industrial/Commercial
Subdivision Agreement be endorsed by Council; and
General Committee Meeting No. 04-13
Tuesday, April 20, 2004
Page 4 of 5
THAT Staff be directed to use the Precedent Industrial/Commercial
Subdivision Agreement as the basis for all industrial/commercial
subdivisions henceforth.
6. PW04-019 - Proposed Ten Year Capital Road Reconstruction (pg. 164)
Program (2005 - 2014)
RECOMMENDED:
THAT Council receive Report No. PW04-019 regarding the
Proposed Ten Year Capital Road Reconstruction Program (2005-
2014) as information; and
THAT the Proposed Ten Year Capital Road Reconstruction
Program (2005-2014) presented in Report No. PW04-019 be
approved, in principle, subject to future budget deliberations; and
THAT staff be requested to report further on the matter of long term
funding and overall pavement condition of the Town's roads prior to
initiation of the 2005 budget process; and
THAT staff be directed to submit to Council, from time to time, all
reports necessary to implement the revised Ten Year Road
Reconstruction Program (2005-2014).
7. LS04-016 -Aurora Historical Society Request (pg. 171)
RECOMMENDED:
The Church Street School Management Committee recommends:
THAT the Church Street School Reserve be increased to reflect a
balance of $311,000; and
THAT these funds be committed to the internal renovations of the
Church Street School; and
THAT $140,000 be allocated from the Church Street School
Reserve as part of the 2004 Budget for renovations to the ground
floor of Church Street School.
General Committee Meeting No. 04-13 Page 5 of 5
Tuesday, April 20, 2004
8. Memorandum from Councillor Hogg (pg. 178)
Re: Revised Draft Terms of Reference - Finance Advisory Committee
RECOMMENDED:
THAT the Draft Terms of Reference for the Finance Advisory
Committee be approved.
9. Memorandum from Ms Colleen Abbott, CEO, Aurora Public Library (pg. 186)
Re: Municipal Information
THAT the memorandum from Ms Colleen Abbott be received from
information.
Hydro One Networka Inc.
483 Hay Street Tel: (416) 345-5918
North Tower, 15`" Floor Fax: (416) 345-5424
Toronto, Ontario MSG 2P5
www.HydroOne.com
Gary Schneider
Manager - Transmission Approvals
System Development
April 5, 2004
Dennis Kelly
Clerk's Department
Regional Municipality of York
17250 Yonge Street,
Newmarket, Ontario, UY 6Z1
CORP. SERVICES* .DEpT.
COPIES CIRCU ,t ry4 'D TO:,
Members of Council
C.A.O.
Directors
Other
Re: Hydro One Transmission Line Project in York Region
APR 0 7 2004
hydroone
Hydro One is initiating a planning and stakeholder consultation process regarding a proposed transmission line
project in York Region. The project would see the construction of a new transmission line on an existing
transmission corridor, extending from Hydro One's Parkway transformer station (TS) in Markham to Hydro
One's Armitage TS in Newmarket. The new line will replace an existing line on the transmission corridor.
The new transmission lire is required to ensure the reliable delivery of electricity to customers in York Region.
The new line will also allow the York Region electric utilities to expand their electricity distribution systems to
keep pace with continuing economic growth. The need for the project has been confirmed by the Independent
Electricity Market Operator, and by the York Region utilities and Hydro One in a joint planning study completed
last year.
The proposed transmission line and the alternatives that were considered will be the subject of an environmental
assessment. The project also requires Ontario Energy Board approval. Through these review and approval
processes, Hydro One plans to host a series of public information centers to obtain stakeholder input on the
project, and to address any identified project effects through subsequent project planning activities. I and other
Hydro One staff are currently meeting with Regional and municipal staff in the Region regarding the project. We
would be willing to brief the Regional Council on this critical infrastructure project, should you determine a need
for a briefing.
Additional information describing the project can be found in the attached briefing note. If you have any
questions about the project, please give me a call.
Sincerely,
Gary Schneider
^F Rrra
�"
Hydro One Transmission Line Project from
Parkway TS in Markham to Armitage TS in Newmarket
Summary
• Existing transmission facilities delivering electricity to northern York Region are expected to reach
capacity by the winter of 2005/6. Hydro One proposes to address this need through the constriction
of a 24 km transmission line on an existing transmission corridor from Parkway transformer station
(TS) in Markham to Armitage TS in Newmarket. The proposed transmission line will replace an
existing line on the corridor.
• The proposed transmission line will extend through the municipalities of Markham, Whitchurch -
Stoufville, Richmond Hill, Aurora and Newmarket, and will allow the York Region electric s
to expand their distribution systems to keep pace with continuing economic gro tE.0 - � � b
APR 0 7 2004
B�groun-- - ---ADI1II11"yN'6-9 HATION --
• Transmission of electricity to the northern York Region communities of Aurora, Newmarket and the
surrounding rural area is currently provided by an existing transmission line from Claireville TS in
Woodbridge to Armitage TS in Newmarket.
• From Armitage TS, electricity is distributed to various stations owned by Aurora Hydro, Newmarket
Hydro and Hydro One, where it is stepped down to lower voltages and distributed to customers
(homes, businesses, farms, etc.).
Transmission Need
• Increased Transmission Capacity — Current load forecasts indicate that the capacity of the existing
transmission line supplying electricity to northern York Region will be exceeded by the winter of
2005/06. This means that if a transmission outage occurs during the winter peak period, the other
area transmission facilities may be unable to reliably supply the customers in northern York Region,
which could result in power interruptions.
• While operational measures such as load transfers to other transmission facilities in the area will be
implemented to prevent any customer supply interruptions, these may not be sufficient to address the
problem.
Transmission Solution
• To address the problem, a new 24 km transmission line from Hydro One's Parkway TS in Markham
to Hydro One's Armitage TS in Newmarket is proposed. The new transmission line will replace an
existing line on the transmission corridor.
The local utilities in Markham, Richmond Hill, Vaughan, Aurora and Newmarket have all signed off
on a joint planning study that recommends the new transmission line. The Independent Market
Operator has also recommended the new line in its latest 10 Year Outlook (issued March 31, 2004).
000002 April 5, 2004
Approvals and Public Consultation
• This transmission solution is subject to Environmental Assessment approval and Ontario Energy
Board approval.
• Hydro One is working with regional and municipal staff and will work with interested stakeholders in
the area to identify and address any effects of the project on the loc al communities. Hydro One will
host a series of public information centers in the affected area to obtain stakeholder input on the
project. These information centers are planned for the April to June 2004 timeframe.
• Through initial consultation with reg ional and municipal staff, the following potential effects of the
project have been identified and will be addressed by Hydro One through subsequent stakeholder
consultation:
- Nearby Landowner Effects — The existing transmission corridor passes through residential and
commercial areas in Markham, north of Parkway TS, and in Aurora and Newmarket, south of
Armitage TS. Hydro One will work with regional staff, municipal staff and interested
landowners in the vicinity of the transmission corridor to build understanding of the need for the
project and to address any identified project effects.
- Environmental Effects — The proposed transmission line crosses the Oak Ridges Moraine. Hydro
One will work with regional staff, municipal staff, and other interested stakeholders through the
environmental assessment process to address any identified effects of the project on the
environment.
- Easements — Hydro One's existing easements on the transmission corridor are being assessed to
determine Hydro One's rights on the transmission line corridor. New easement agreements are
expected to be required.
Planned In -Service Date
• The proposed transmission line is planned to be in -service by late 2006, assuming that all required
approvals and easement rights are obtained in a timely manner. Any delays in these processes will
impact on the in-service date for the new line.
000003 April 5, 2004
I7Cffw OT�wcuT� Ar . rIA1Iw1� wow. o�ww
OFFICE MEMO
To: Bob Panizza, Municipal Clerk/Director of Corporate Services
From: Allan D. Downey, Director of Leisure Services
Subject: Delegation Request - York Region Neighbourhood Services Inc.
Date: Friday, April 16, 2004
Please place on the agenda the attached correspondence received by York Region
Neighbourhood Services Inc. requesting delegation status forTuesday, April 20th General
Committee meeting.
I have attached the existing Agreement for Council's information purposes.
Thank you,
Allan D. Downey,
Director of Leisure Services.
ADD/dp
APR-16-20Q4 09:51 AM YNS
9059538241 P.01
YORK LEGION
NEIGHBOURHOOD
SERVICES INC.
17705 Leslie Street, Suite 202, Newmarket, Ontario 7 3E3 a email: yns@soeialenterprise.ca
Tel: (905) 895.0809 • Toll Free: 1.866-243.9925 • Fax: (905) 9534241
Allan Downey
Director of Leisure Services
The Town of Aurora
100 John West Way
Box No. 1000
Aurora, ON L4G 6J1
Fax: (905)726 4734
Dear Mr, Downey
York Region Neighbourhood Services Inc is pleased to report that the now called Crescentbrook harms
Child Care Program has been expanded over the last three years to its present licensed capacity of 30 child
care spaces. By providing families with the flexibility of part time care the Crescentbrook program now
serves 36 children, 29 of those children reside in Aurora, 3 children have parents who work in Aurora and
the remaining 4 are residents of Newmarket and northern Oak Ridges,
Despite multiple challenges with the facility and terrible reputation left by the last operator York Region
Neighbourhood Services with support from the Town have created a vibrant quality program that provides
much needed child care spaces to the residents of Aurora,
In addition to its primary use as a child care, YNS has also operated some Ontario Early Years programs
and has supported a program called Children's Bridge to make use of the contra on Saturday, Children's
Bridge is a support group for families that have adopted children from China.
We are now in our third year of operation and we are continuing to incur an operating loss, The foe
structure of the program has been created to meet the needs of general income level families and allows
YNS to offer service to families who are being supported by the RegionalSubsidy Program. As such we
must look to reduce our overhead costs to reach solvency.
I am respectfully requesting delegation status to address council on Tuesday April 20, 2004 and secure
councils permission to meet with you to review the financial operation of the centre slid determine Options
to reduce costs. I would then request that council receive this report and consider recommondations to
stabilize the financial solvency of the Crescentbrook Program.
Sincerely, / / /
Patricia Robertson
Chief Executive Director
Boys & Girls Club of York Region • Meatorprlse • Ontario Bony Years Centres
internationally Trained Professional Services • Licensed Child Care Services
Community Service Infd�ridi n ei0 of Christmas . Youth at Risk Services
vase Youth Pre•Employment Se i8es Trannslations • York Region Supervised Access
95 Allaura Boulevard
This Lease made as of the 21" day of August, 2001 in pursuance of the Short
Forms of Leases Act, between:
THE CORPORATION OF THE TOWN OF AURORA
(the "Landlord")
of the first part,
- and —
YORK REGION NEIGHBOURHOOD SERVICES INC.
(the "Tenant")
of the second part,
Witnesses that whereas the Landlord is seized of an estate in fee simple of the Lands, as
hereinafter defined;
Now therefore in consideration of the Rents, covenants and agreements herein contained, the
Landlord and the Tenant agree as follows:
ARTICLEI- INTERPRETATION
1.01 Definitions
In this Lease:
(a) "Additional Rent" means all sums of money or charges required to be paid by the
Tenant under the Lease except Minimum Rent whether or not designated as
Additional Rent or payable to the Landlord;
(b) "Building" means any building or structure located on the Lands and all other
improvements constructed upon the Premises;
(c) "Capital Improvements" or repairs of a "Capital Nature" means any structural
repairs or additions to the Building or any repairs to the outside surface, including
the roof, of the Building, any repair, replacement of capital assets including
heating, plumbing and electrical systems;
(d) "Effective Date" means September 1, 2001;
(e) "Lands" means the lands and premises described on Schedule A hereto;
000006
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(f) "Lease" means this agreement and the terms and conditions set out herein as
amended from time to time;
(g) "Lease Year" means a period of twelve (12) consecutive calendar months; the first
Lease Year shall begin on the Commencement Date if such day is the first day of
a calendar month; if not, then the first Lease Year shall begin on the first day of
the calendar month next following the Commencement Date, each succeeding
Lease Year shall begin on the anniversary date of the first day of the first Lease
Year.
(h) "Minimum Rent" means the sums payable by the Tenant to the Landlord as set
out in Section 3.01;
(i) "Operating Costs" means all costs directly or indirectly associated with the
operation and maintenance of the Premises, including without limitation, Taxes,
heat, electricity, gas, water, other utilities, maintenance, repairs, and Landlord's
property insurance related to the Premises but shall specifically exclude any
management, administrative or supervisory fees, the Landlord's income taxes, any
type of depreciation, interest on debt or capital retirement of debt, costs of any
repairs and replacements of a capital nature, costs of structural repairs or
replacements, expenses in respect of damage to the Building to the extent that the
Landlord is entitled to reimbursement by proceeds of insurance, any costs or
expenses directly charged to the Tenant by the Landlord pursuant to any other
provision of this Lease;
(j) "Premises" means as at the date hereof, the whole of the Building and the whole
of the Lands;
(k) "Rent" means all amounts payable by the Tenant to the Landlord hereunder,
including Minimum Rent and Additional Rent;
(1) "Taxes" means all taxes, rates, assessments, duties, levies and charges
whatsoever, whether municipal, education, parliamentary or otherwise, levied,
imposed or assessed by any taxing authority against the Lands and the Building or
either of them or upon the Landlord in respect thereof of from time to time levied,
imposed or assessed in the future in lieu thereof but specifically excluding the
following taxes: capital and place of business taxes assessed against the
Landlord, capital gains taxes, corporate income, profit or excess profit taxes
assessed against the income of the Landlord, business taxes levied against the
business carried on by the Landlord and any local improvement rates and special
utilities levies, fees or charges imposed, assessed, levied or charged which are
directly associated with initial construction of the building on the Premises;
(m) "Term" means the term of this Lease as provided in Section 2.02 and any period
of overholding unless earlier terminated or surrendered but excluding any period
where the Lease has been partially surrendered or deemed to be partially
rii r
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surrendered pursuant to section 15.12 as to the part or parts so surrendered or
deemed to be partially surrendered.
1.02 Schedules
The schedules of this Lease are a part of it and consist of:
Schedule A — legal description of the Lands.
1.03 Number and Gender
The necessary grammatical changes required to make the provisions of this Lease apply
in the plural sense where the Tenant comprises more than one entity and to corporations,
associations, partnerships or individuals, males or females, in all cases will be assumed as though
in each case fully expressed.
1.04 Headings and Captions
The article numbers, article headings, section numbers and section headings are inserted
for convenience of reference only and are not to be considered when interpreting this Lease.
1.05 Obligations as Covenants
Each obligation of the Landlord or the Tenant expressed in this Lease, even though not
expressed as a covenant, is considered to be a covenant for all purposes.
1.06 Entire Agreement
This Lease contains all the representations, warranties, covenants, agreements,
conditions and. understandings between the Landlord and the Tenant concerning the Premises or
the subject matter of this Lease.
1.07 Governing Law
This Lease shall be interpreted under and is governed by the laws of the Province of
Ontario and the laws of Canada applicable therein.
1.08 Construction
If any provision of this Lease is illegal or unenforceable it shall be considered separate
and severable from the remaining provisions of this Lease, which shall remain in force and shall
be binding as though the said provision had never been included.
ARTICLE II - DEMISE AND TERM
2.01 Demise and Term
The Landlord hereby leases and demises the Premises to the Tenant for the Term at the
Rent and on the terms and conditions stated in this Lease.
2.02 Term
(a) The Tenant shall have and hold the Premises for and during the Tenn which shall
be, unless sooner terminated or surrendered (or in respect of that part of the Premises in respect
of which a partial surrender or surrenders or deemed partial surrender or surrenders occurs),
pursuant to the provisions of this Lease, from the Effective Date for a period of five (5) Lease
Years with a five (5) year renewal option.
(b) Notwithstanding the term provided for above, it is expressly understood and
agreed that either party herein shall have the right to unilaterally terminate this Lease during the
Term at any time, and without cause or breach, upon giving the other party one hundred and
twenty (120) days advance notice in writing. In the event that the Landlord chooses to terminate
this lease pursuant to this subsection, the Landlord agrees to pay to the Tenant within 120 days of
said termination, less any amounts which may be outstanding to the Landlord under this Lease,
the Depreciated Fair Market Value, as determined in accordance with this Section, of such
leasehold improvements as shall exist on the property on the last day of the Term.
(c) The depreciated fair market value of the leasehold improvements shall be
established by A.A.C.I. or equivalent, accredited professional appraisers and within 14 days of
receipt of notice of termination or 60 days prior to the end of the Term, whichever occurs first,
each party shall appoint an accredited professional appraiser (and the Landlord's may be such
accredited professional appraiser employed by it) to report on the value of the Leasehold
Improvements; the Landlord and the Tenant shall cause their respective appraisers to deliver
their reports on the value of the Leasehold Improvements to the other party within 30 days of the
date of being appointed;
(d) If the accredited professional appraisers are appointed to determine the value of
the Leasehold Improvements in accordance with this section, the depreciated fair market value
shall be determined as follows:
(i) if the average of the two appraisals is less than 10% greater than the
lowest appraisal, the average of the two appraisals shall be deemed to be
the "Depreciated Fair Market Value" of the Leasehold Improvements; but
(ii) if the average of the two appraisals is more than 10% greater than the
lowest appraisal, a third accredited professional appraiser will be selected
by the two appraisers and retained equally by the Landlord's appraiser and
the Tenant's appraiser, and the third appraiser shall select one of the two
earlier appraisals as most clearly representative of the "Depreciated Fair
-5-
Market Value" and the selected appraisal shall be deemed to be the
"Depreciated Fair Market Value" of the Leasehold Improvements.
2.03 Overholdine
If the Tenant remains in occupation of the Premises after the expiration of the Term
hereby granted without a written agreement to the contrary, there is no tacit renewal of this Lease
notwithstanding any statutory provision or legal presumption to the contrary and the Tenant shall
not be deemed to be a tenant from year to year, but shall be a monthly tenant at a rental
equivalent to one twelfth the annual payment of Minimum Rent herein provided for, payable in
advance, and all the terms and conditions hereof, so far as applicable, shall apply to such
monthly tenancy. Nothing herein shall imply however, that the Tenant is permitted to remain in
the Premises from and after expiry of the Term.
2.04 Option to Extend
The Tenant shall not be entitled to extend the Term of this Lease.
ARTICLE III - RENT
3.01 Minimum Rent
The Tenant covenants to pay to the Landlord, its successors and assigns, without
deduction, compensation or set off, Minimum Rent in the amounts as setout on the attached
Schedule `B",which forms a part of this Lease during the Term payable in advance on the
Effective Date and thereafter on the first day of each month during the Term.
3.02 Interest on Amounts in Default
If the Tenant fails to pay when due and payable any amount of Rent, the unpaid amount
will bear interest calculated and payable monthly from the due date to the date of payment at the
rate of the aggregate of 3 per cent and the prime rate from time to time charged by any chartered
bank or trust company of the Landlord to its most creditworthy commercial customers.
3.03 Payments
If any payments required to be made under this Lease by the Tenant to the Landlord are
not paid at the time provided in this Lease, they will be deemed to be and will be collectable as
Rent with the next instalment of Rent falling due and all of the Landlord's remedies for non-
payment of Rent hereunder shall apply thereto, but nothing in this Lease limits any other remedy
of the Landlord in respect thereto.
a0001,V
Isom
ARTICLE IV - GENERAL COVENANTS
4.01 Covenants of Tenant
The Tenant covenants with the Landlord:
(a) to pay Rent,
(b) to observe and perform all the covenants and obligations of the Tenant under this
Lease; and
(c) to not cut down any live trees or vegetation, except grass and weeds, on the
property.
4.02 Covenants of Landlord
The Landlord covenants with the Tenant:
(a) for quiet enjoyment;
(b) to observe and perform all the covenants and obligations of the Landlord under
this Lease; and
(c) at all times to permit free, uninterrupted and unobstructed rights of ingress to and
egress from the Premises to be enjoyed by the Tenant, its servants, workers,
invitees, employees, vehicles, supplies and equipment.
ARTICLE V - TAXES AND CHARGES
5.01 Overatine Costs
The Tenant covenants with the Landlord to pay as Additional Rent all Operating Costs,
excluding municipal or education Taxes, but including water and sewer charges, promptly when
due, direct to the appropriate authority, including the Landlord.
5.02 Net Lease
It is the intention of the parties hereto that this Lease and Minimum Rent payable
hereunder be, except as expressly provided for herein, net and carefree to the Landlord.
Operating Costs shall if not paid direct to a third party authority, be collectable as Additional
Rent and shall be payable forthwith on demand.
5.03 Business Taxes
The Tenant covenants to pay all Taxes levied in respect of any business carried on by the
Tenant, its subtenants, licensees or other occupants claiming under the Tenant of the Premises or
in respect of the use and occupation thereof (including license fees).
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5.04 GST
The Tenant shall pay to the Landlord all GST, if any, assessed or charged or payable in
respect of the payment of Rent hereunder. For the purposes of this clause, all GST which is
payable in respect of any Rent shall be considered to be due by the Tenant to the Landlord on the
same date as such Rent is so due.
ARTICLE VI - USE OF THE PREMISES
6.01 Use of Premises
The Tenant covenants that the Premises will not be used for any purpose other than as a
day nursery facility offering care for children subject to all requirements of the day nurseries act
and or other community service programs as approved by the Landlord andsubject to all other
requirements of this Lease. Notwithstanding the foregoing and for greater certainty, the
Premises will not be used for sleeping accommodation or care between the hours of 11 p.m. and
6 a.m.
6.02 Liens. etc.
The Tenant will not permitany lien, certificate of pending litigation, judgement or
certificate of any court or any mortgage, charge or encumbrance of any nature whatsoever to be
imposed on title to the Lands and, if any such matter is registered on title to the Lands due to the
Tenant's actions or inactions, the Tenant will discharge the same within 10 days after receipt of
notice thereof from the Landlord, failing which the Landlord shall be entitled to make such
payment or take such action as may be expedient to discharge it and the Tenant shall
immediately reimburse the Landlord for its costs thereof.
6.03 Waste and Nuisance
The Tenant will not commit or permit any waste or injury to the Premises including the
Leasehold Improvements and trade fixtures therein or any overloading of the floors thereof.
6.04 Condition of Premises
The Tenant will not permit the Premises to become untidy, unsightly or hazardous or
permit unreasonable quantities of waste or refuse to accumulate therein.
6.05 Apalicable Laws
The Tenant will comply at its own expense with allzeseht'and future laws (the "Laws")
of any governmental or quasi -governmental (including fedha' 1, provincial and municipal) in
force or regulations, requirements, by-laws or orders (including without limitation
Environmental Laws defined in Article XVI) pertaining to the operation and use of the Premises,
the condition of the Leasehold Improvements, trade fixtures, furniture and equipment installed
by the Tenant therein and the making by the Tenant of any repairs, changes or improvements
therein and will use and occupy the Premises in a safe and careful and proper manner so as not to
contravene any Law.
ARTICLE VII - REPAIRS AND MAINTENANCE
7.01 Tenant's Obligations
Except after damage described in Article IX, the Tenant covenants to maintain at
its expense the Premises in a state of good repair and shall make such repairs and replacements
excluding reasonable wear and tear and damage described in Article IX which the Landlord
elects or is obliged to repair or replace, and will be responsible for all snow removal on the
Premises,. The Landlord may, in the presence of a representative of the Tenant, enter the
Premises at all reasonable times to view the state of repair and if it is determined that
maintenance or repairs are required to be done by the Tenant, then the Tenant shall effect that
maintenance or repairs, failing which the Landlord may make such repairs and charge the Tenant
for same. The Tenant covenants to pay the charges for such repairs forthwith upon receipt of
invoices for same. The Tenant shall be responsible for the maintenance and repair of its own
equipment and fixtures.
The Tenant shall not be responsible for the costs of repairs which arise as a result of the
negligence of the Landlord and those for whom the Landlord is at law responsible; and any other
repairs for which the Landlord is responsible under the Lease.
7.02 Construction Liens
The Tenant shall comply with all of the provisions of the Construction Lien Act, R.S.O.
1990, c. 30 as it has and may be amended from time to time and other statutes from time to time
applicable to any work done or improvements made to the Premises by or on behalf of the
Tenant, including any steps necessary to ensure that no lien shall attach to the Building or the
Lands. If by reason of any default hereunder, such construction lien for work, labour, services or
materials supplied to or for the Tenant shall be registered on title to the Lands or notified to the
Landlord, the Tenant shall within ten (10) days after receipt of notice thereof from the Landlord
procure the discharge thereof including any certificate of action registered in respect of any lien
failing which, the Landlord shall be entitled to make such payment or take such action as may be
necessary or expedient to discharge such lien and the Tenant shall forthwith pay on demand and
as Additional Rent indemnify and save harmless the Landlord from any costs it incurs as a result
of such lien.
ARTICLE VIII - CHANGES AND ALTERATIONS
8.01 Changes and Alterations
The Tenant shall not make or permit to be made any alterations, material changes or
additions to the Premises without the prior written approval of the Landlord which approval may
sE
not be unreasonably withheld. The request of the Tenant for any such approval shall be
accompanied by an adequate description of the contemplated work and, where appropriate,
working drawings and specifications thereof and evidence that the Tenant has obtained, at its
expense, all necessary consents, permits, licences and inspections from all governmental and
regulatory agencies having jurisdiction. All work to be performed in the Premises shall be
performed by competent contractors and subcontractors. All such work shall be performed in
accordance with any reasonable conditions and regulations if any, imposed by the Landlord,
including that it may supervise the work, and must be completed in a good and workmanlike
manner in accordance with the description of the work approved by the Landlord.
8.02 Signs
No sign, advertisement or notice shall be inscribed, painted or affixed on any part of the
outside or inside of the Building whatsoever, without the consent of the Landlord which may be
unreasonably or arbitrarily withheld.
8.03 Locking System
Neither the Landlord nor the Tenant shall during the Term; alter or cause to be altered
the locking system on the Building except by mutual consent. No additional locks shall be
placed upon any gate or door or any other improvement on the Lands without the consent of the
Landlord. The Landlord hereby consents to the installation of an alarm system on the premises,
at the sole expense of the Tenant. The Tenant hereby covenants to provide the Landlord with the
current deactivication code(s) from time to time. The Tenant may remove the alarm system upon
the termination ofthis Lease.
8.04 Access
The Landlord shall have access to the Premises on twenty four hours advance notice
during any day of the Term.
ARTICLE IX - INSURANCE
9.01 Tenant Insurance
At all times during the Term, the Tenant shall maintain at its own expense:
(a) commercial general public liability insurance against claims for personal injury or
death and property damage or loss arising out of all operations of the Tenant on
the Premises protecting both parties to an inclusive limit of not less than five
million dollars ($5,000,000.00) per occurrence;
(b) all risk direct damage insurance on its chattels, (including but not limited to
equipment, vehicles, computer hardware and sditware, office equipment,
furniture, fixtures and leasehold improvements) on or in the Premises; and
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(c) other insurance in amounts and upon terms reasonable for a prudent tenant to
provide and particular to this Tenant's undertakings.
The Tenant will see that there is delivered to the Landlord, copies or certificates of the
policies in force from time to time and the Tenant further agrees to deliver to the Landlord copies
of renewal policies or certificates,
If the Tenant fails to insure or file with the Landlord satisfactory proof of insurance, the
Landlord may, without notice to the Tenant, effect such insurance and recover any premiums
paid therefor from the Tenant on demand. If the Tenant fails to take out or keep in force any
policy of insurance, the Landlord may do so and pay the premium, and any such premium shall
be deemed to be and will be collectible by the Landlord from the Tenant as Additional Rent.
This insurance shall protect the Landlord and the Tenant to an amount not less than $2,000,000
per occurrence and each shall be an additional insured and loss payee in the insurance policy.
The insurance policy or policies shall contain a cross -liability clause protecting the Landlord.
The Tenant's insurance certificates and policies will each contain a clause that the insurer will
not cancel or change or refuse to renew the insurance without the Landlord first having received
not less than thirty (30) days' written notice.
9.02 Increase in Landlord's Insurance Premiums
The Tenant shall not do, or permit to be done, anything on the Premises or bring or keep
anything therein which will in any way increase the risk of fire or the rate for insurance on the
Building, or on property kept therein, except such increases which are directly attributable only
to the use of the Premises in accordance with Section 6.01,or conflict with the laws relating to
fires or with the regulations of the Fire Department or with any insurance policy upon the
Building or any part thereof, or conflict with any of the rules or ordinances of the Department of
Health or with any statute or municipal by-law.
9.03 Cancellation of Insurance
The Tenant shall not by its act or omission cause any policy of insurance relating to the
Premises to be cancelled or the Premises or any part thereof to be made uninsurable. In the event
the Tenant so causes such insurance policy to be cancelled or so causes the Premises to be made
uninsurable then the Landlord may at its option (provided it has provided reasonable written
notice to the Tenant and the Tenant has failed to commence or having commenced, is not
diligently proceeding to cure the situation, and subject to force majeure) either (a) terminate this
Lease and following such termination the Tenant shall forthwith deliver up vacant possession of
the Premises to the Landlord in the condition they are required to be maintained hereunder or (b)
at the Tenant's expense enter upon the Premises and remedy the condition.
9.04 Evidence of Insurance
The parties shall forthwith after request by the other provide evidence satisfactory to it
of the insurance required to be carried by it hereunder from time to time.
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ARTICLE X - DAMAGE OR DESTRUCTION
10.01 Damage or Destruction
(a) In the event of damage to or destruction of the Premises or access or services
essential to its use by the Tenant, then to the extent that the Premises or any
substantial part thereof are rendered not reasonably capable of use by the Tenant
for the purposes described in section 6.01, the Rent provided to be paid hereunder
or a proportionate part thereof, according to the nature and extent that the
Premises are rendered not reasonably capable of such use, shall abate until the
Premises or such part or parts thereof are again reasonably capable of such use
and shall have been repaired; provided, however, that in the event that 50% or
more of the Building is damaged and the Premises is incapable of being repaired
using reasonable diligence within the earlier of ninety (90) days from the date of
the damage or destruction or by the date of termination of this Lease, then either
the Tenant or the Landlord may terminate this Lease on written.notice given to the
other within forty-five (45) days after the occurrence of such damage or
destruction.
(b) Upon termination of this Lease, as provided in this article, in addition to the
abatements to which the Tenant is entitled as aforesaid, Rent and any other
liabilities of the Tenant shall be apportioned and be paid to the date on which the
damage or destruction occurred and the Tenant shall forthwith deliver up
possession of the Premises in accordance with this Lease.
(c) The certificate of the Landlord's professional, licensed architect or engineer as to
the length of time required while using reasonable diligence to rebuild or restore
the Premises, shall be conclusive and binding upon the Landlord and the Tenant.
(d) Unless this Lease is terminated as aforesaid, the Landlord, will repair such
damage with all reasonable diligence to the extent of the insurance proceeds
available.
10.02 Notice to Landlord
The Tenant shall give the Landlord prompt written notice of any accident or other defect
in the plumbing, electrical, telephone, gas, heating, air conditioning or other service systems in
the Building of which it becomes aware.
ARTICLE XI - INDEMNITY
11.01 Tenant's Indemnitv
The Tenant covenants to indemnify and save harmless the Landlord and its officers,
employees, agents.and Council Members, from all claims, actions, costs and losses of every
nature relating to the Premises including, without limitation, reasonable legal fees and
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disbursements arising during the Term or any renewal, extension or overholding thereof if any,
and caused by the Tenant or those for whom it is at law responsible. The foregoing indemnity
relates to all claims, actions, costs, damages, liabilities, expenses or losses arising out of:
(a) a breach of or non-compliance with a covenant, agreement or condition on the
part of the Tenant contained in this Lease;
(b) injury to a person, occurring in or about the Premises, including death resulting
from the injury; and
(c) any other loss or injury or property damage arising from or out of this Lease or
any occurrence on the Premises thereof, the Tenant's occupancy of the Premises
or occasioned thereby or in part by any act or omission of the Tenant or those for
whom it is responsible.
The obligations of the Tenant to indemnify the Landlord under the provisions of this
section are to survive the termination of this Lease in respect of every event occurring during the
Term, or renewal, extension or period of any overholding, if any.
The Landlord covenants to indemnity and save harmless the Tenant from all claims,
actions, costs or losses of every nature including, without limitation, reasonable legal fees and
disbursements caused by the Landlord or those for whom it is legally responsible. The
obligations of the Landlord to indemnify the Tenant are to survive the termination of the Lease in
respect of every event occurring during the Term or renewal, extension or period of overholding,
if any.
Except to the extent the same is caused by the Landlord or by the other persons for
whom and in respect of which the Landlord is in law responsible:
(a) the Landlord, its agents, servants and employees, will not be liable or responsible
in any way for any personal or consequential injury of any nature whatsoever that
may be suffered or sustained by the Tenant or any employee, agent, customer,
invitee or licensee of the Tenant or any other person who may be upon the
Premises or for any loss of or damage or injury to any property belonging to the
Tenant or to its employees or to any other person while such property is on the
Premises and in particular (but without limiting the generality of the foregoing
and subject to the qualifications aforesaid), the Landlord shall not be liable for
any damage or damages of any nature whatsoever to any such property caused by
the failure, by reason of a breakdown or other cause, to supply adequate climate
control, or by reason of the interruption of any public utility or service, or in the
event of gas steam, water, rain or snow which may leak into, issue or flow from
any part of the Building or from the water, steam, sprinkler, or drainage pipes or
plumbing works of the same, or from any other place or quarter;
(b) the Landlord, its agents, servants, employees or contractors, will not be liable for
any damage suffered to the Premises or the contents thereof by reason of the
Landlord, its agents, servants, employees or contractors, entering upon the
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Premises to undertake any examination thereof or any work therein as permitted
hereby or in the case of any emergency except loss or damage caused by the
wilful or negligent misconduct by the Landlord or any persons authorized by the
Landlord in the course of such entry or where the Landlord or persons authorized
by the Landlord have not used their best efforts to minimized interference with
the Tenant's use and enjoyment of the Premises.
ARTICLE XII - SUBLETTING AND ASSIGNING
12.01 Assigning or Subletting
The Tenant shall not assign (whether by operation of law or otherwise) this Lease or
sublet or otherwise part with possession of the Premises, or any part thereof, without the prior
written consent of the Landlord which consent may be unreasonably or arbitrarily withheld
notwithstanding any statutory or other provision of law to the contrary. No assignment or
sublease shall relieve the Tenant of its obligations hereunder. Any assignee or subtenant shall, at
the Landlord's option, enter into an agreement with the Landlord whereby it agrees to be bound
by the provisions of this Lease. The Tenant will pay the Landlord's reasonable costs for
reviewing any request for a consent hereunder and the preparation of all documentation to be
entered into with the assignee, mortgagee, transferee or subtenant. Notwithstanding the
foregoing, the Tenant may on notice to the Landlord, but without penalty, assign this Lease to
any related, affiliated or sister corporation or entity.
ARTICLE XIII - IN DEFAULT
13.01 Tenant's Default
Where the Tenant fails to perform or comply with any covenant, term or condition in
this Lease to be performed or complied with by the Tenant, and the failure continues (a) in the
case of payment of Minimum Rent or other payments deemed to be Rent for 10 days after the
receipt of written notice from the Landlord, and (b) in case of any other covenant, term or
condition of this Lease, for 10 days after receipt of written notice from the Landlord of the
default where the Tenant has not cured or has not begun to cure and is not diligently proceeding
to cure the default, the Landlord may enter and take possession of the Premises with or without
terminating this Lease. In taking possession of the Premises, the Landlord may remove all
persons and property from the Premises and such property may be removed and stored in a
public warehouse or elsewhere at the cost of and for the account of the Tenant, all without
service of notice or resort to legal process and without being considered guilty of trespass or
becoming liable for loss or damage occasioned thereby.
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13.02 Bankruptcy or Insolvency
If the Term or any of the goods and chattels of the Tenant on the Premises at any time
during the Term are seized or taken in execution or attachment by a creditor of the Tenant, or if
the Tenant or a guarantor or indemnifier of this Lease makes an assignment for the benefit of
creditors or a bulk sale from the Premises or if a receiver -manager is appointed to control the
conduct of the business on or from the Premises, or if the Tenant becomes bankrupt or insolvent
or takes the benefit of any act now or hereafter in force for bankrupt or insolvent debtors, or if
any order is made for the winding -up of the Tenant, or if the Premises, without the prior written
consent of the Landlord, are used by any other person than those entitled to use them under the
terms of this lease, or if the Tenant, without the prior written consent of the Landlord, abandons
the Premises, the then current month's rent and the next ensuing three (3) months' rent
immediately will become due and payable as accelerated rent and the Landlord may re-enter and
take possession of the Premises as though the Tenant or the servants of the Tenant or any other
occupant of the Premises were holding over after the expiration of the Term and this Lease, at the
option of the Landlord, shall forthwith become forfeited and determined. In every one of the
cases above mentioned the accelerated rent will be recoverable by the Landlord in the same
manner as the rents hereby reserved and as if rent were in arrears and the option will be
considered to have been exercised if the Landlord or its agents give notice to that effect to the
Tenant.
13.03 Rieht to Relet
If the Landlord re-enters, as herein provided, it may either terminate this Lease or it may
from time to time without terminating the obligations of the Tenant under this lease, make
alterations and repairs considered by the Landlord necessary to facilitate a reletting, and relet the
Premises or any part thereof as agent of the Tenant for such term or terms and at such rental or
rentals and upon.such other terms and conditions as the Landlord in its reasonable discretion
considers advisable. Upon each reletting all rent and other money received by the Landlord from
the reletting will be applied (a) to the payment of indebtedness other than rent due hereunder
from the Tenant to the Landlord (b) to the payment of costs and expenses of the reletting
including brokerage fees and solicitor's fees and costs of the alterations and repairs and (c) to the
payment of rent due and unpaid hereunder. The residue, if any, will be held by the Landlord and
applied in payment of future rent as it becomes due and payable. If the rent received from the
reletting during a month is less than the rent to be paid during that month by the Tenant, the
Tenant will pay the deficiency to the Landlord. The deficiency shall be calculated and paid
monthly. No re-entry by the Landlord shall be construed as an election on its part to terminate
this lease unless notice of that intention is given to the Tenant. Despite a reletting without
termination, the Landlord may elect at any time to terminate this Lease for a previous breach.
13.04 Remedies Cumulative
The Landlord may from time to time resort to any or all of the rights and remedies
available to it in the event of any default hereunder by the Tenant, either by any provision of this
lease or by statute or the general law, all of which rights and remedies are intended to be
cumulative and not alternative, and the express provisions hereunder as to certain rights and
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remedies are not to be interpreted as excluding any other or additional rights and remedies
available to the Landlord by statute or the general law.
13.05 Waiver
The waiver by the Landlord of a breach of a term, covenant or condition of this lease
shall not be considered to be a waiver of a subsequent breach of the term, covenant or condition
or another term, covenant or'condition. The subsequent acceptance of rent by the Landlord will
not be considered to be a waiver of a preceding breach by the Tenant of a term, covenant or
condition of this lease, regardless of the Landlord's knowledge of the preceding breach at the
time of acceptance of the rent.
ARTICLE XIV - SURRENDER OF THE PREMISES
14.01 Surrender of the Premises
Leasehold Improvements made by the Tenant or made by the Landlord on the Tenant's
behalf shall immediately upon their placement be and become the property of the Landlord
without compensation therefor to the Tenant. Except in the ordinary course of business, no
Leasehold Improvements, trade fixtures, furniture or equipment shall be removed from the
Premises either during or at the expiration or sooner termination of the Term without the prior
written consent of the Landlord. Upon the termination of this lease the Tenant will leave the
Premises in a state of good repair, reasonable wear and tear excepted.
ARTICLE XV - MISCELLANEOUS
15.01 For Rent and For Sale Sians
The Landlord may within six (6) months before the expiration of the Term, exhibit the
Premises to prospective tenants and, place on the Premises a notice of reasonable dimensions
stating that the Premises are for rent. The Landlord may, at any time during the Term, place on
the Premises a notice of reasonable dimensions stating that the Premises are for sale.
15.02 Entry by Landlord
Notwithstanding any other provisions of this Lease, the Landlord may enter the
Premises after forty-eight (48) hours written noticefor the purpose of inspecting same and for
such other purpose as the Landlord may consider necessary for the protection of its interest under
this Lease and for the purpose of showing the Premises to prospective purchasers and
mortgagees.
15.03 Notices
(1) Any notice or communication to be given under this Lease shall be in writing,
may be delivered personally or pre -paid registered mail. charges prepaid as described below, and
shall be deemed t6 have been validly and effectively given and received if delivered personally,
.c,
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from
on the date of such delivery, or on the fifty business day following the day on which the notice is
mailed, on the date received unless in either case such notice or communication is received as the
case may be after 3:00 p.m. local time or on a day other than a Business Day (being Monday
through Friday both inclusive except for statutory holidays in the Province of Ontario) in which
case such notice or communication shall be deemed to be received on the next Business Day.
Any such notice or communication shall be addressed to the parties hereto at their addresses set
out below (or such other address for a party as may be designated by such party from time to
time by notice):
Landlord: The Corporation of the Town of Aurora
100 John West Way, P.O. Box 1000
Aurora, Ontario, L4G 6J1
Attention: Bob Panizza, Director of Corporate Services/Town Clerk
Tenant: York Region Neighborhood Services Inc.
95 Allaura Boulevard
Aurora, Ontario,
(2) Such notice or communication may also be mailed in Canada by prepaid
registered mail addressed to the party at the above address or such other addresses designated by
the party from time to time in which case it shall be deemed to have been delivered on the fourth
Business Day after mailing.
15.04 Successors and Assigns
This Lease shall enure to the benefit of and be binding upon the successors and assigns
of the Landlord and the permitted successors and permitted assigns of the Tenant, as the case
may be.
15.05 Waiver
If the Landlord shall overlook or excuse any default by the Tenant of any obligation
hereunder this shall not operate as a waiver of such obligation in respect of any continuing or
subsequent default and no waiver shall be effective unless expressed in writing. The acceptance
of Rent by the Landlord from the Tenant or any other entity will not be considered to be a waiver
of a breach by the Tenant of its obligations hereunder regardless of the knowledge of the
Landlord of the breach at the time of acceptance of the Rent.
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15.06 Force Maieure
If and to the extent that either the Landlord. or the Tenant shall bona fide be prevented,
delayed or restricted in the fulfillment of any obligation hereunder other than the payment of rent
or other moneys due because of any cause beyond the control of the party affected thereby which
prevents the performance by such party of any obligation hereunder and not caused by its default
and not avoidable by the exercise of reasonable effort including, without limitation, strikes,
labour disturbances, civil disturbance, acts, orders, legislation, regulations or directives of any
government or public authority, acts of a public enemy, war, riot, sabotage, earthquake, fire,
storm, hurricane, flood, explosion or act of God, it shall be deemed not to be a default in the
performance of such obligation and any period for the performance of such obligation shall be
extended accordingly and the other party to this Lease shall not be entitled to compensation for
any inconvenience, nuisance or discomfort thereby occasioned.
15.07 Status Statement
The Tenant will at any time, and from time to time upon not less than twenty (20) days'
prior notice, execute and deliver to the Landlord or as the Landlord may direct a statement in
writing certifying that this lease is unmodified and in full force and effect (or if modified, stating
the modification and stating that the same is in full force and effect as modified) the amount of
the fixed minimum rent and any other amounts then being paid hereunder, the dates to which by
instalment or otherwise such rent and amounts and other charges payable hereunder have been
paid, the particulars and amounts of insurance policies on the Premises in which the interest of
the Tenant is noted, whether or not there is any existing default on the part of the Landlord of
which the Tenant has notice, whether or not there are any set -offs, defence or counterclaims
against enforcement of the obligations to be performed by the Tenant under this lease and as to
any other matter pertaining to this lease as to which the Landlord reasonably requests
certification. It is agreed that any such statement delivered pursuant to the provisions of this
section may be conclusively relied upon by any prospective purchaser or purchasers or any
Mortgagee or prospective Mortgagee save as to any default on the part of the Landlord, of which
the Tenant giving such statement does not have knowledge at the date thereof.
15.08 Subordination and Attornment
(a) This Lease and the Tenant's rights hereunder are, and will at all times (provided
the encumbrancer enters into a non -disturbance agreement with the Tenant which
shall be provided without charge to the Tenant and shall be in form and content
satisfactory to the Tenant acting reasonably) be, subordinate to all mortgages,
trust deeds or the charge or lien resulting from, or any instruments of, any
financing, refinancing or collateral financing (collectively, an "Encumbrance")
and to any advances thereon and renewals or extensions thereof from time to time
affecting the Premises or any part thereof and the Tenant will, upon receipt of the
non -disturbance agreement and written request, execute and deliver, without
charge, any docutYtent requested by the Landlord to confirm the foregoing. The
Tenant will also, if requested, attorn to (i) the holder of any Encumbrance, or any
representative, receiver or receiver -manager appointed or designated by such
holder, and (ii) any purchaser, transferee or disposee of the Premises (or any part
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of it) or of any ownership or equity interest in the Premises (or any part of it),
including any purchaser at a foreclosure sale or any sale under a power of sale
under any Encumbrance, provided such encumbrancer, representative, receiver,
receiver manager, purchaser, transferee or disposee assumes the obligations of the
Landlord in this Lease.
(b) The form and content of any document requested under Section 15.08(a) will be
that reasonably required by the Landlord, the holder of the Encumbrance or the
purchaser, transferee or disposee, as the case may be subject to the Tenant's
reasonable charges, and the Tenant will negotiate in good faith and execute and
deliver any such document to the Landlord.
15.09 Registration
The Tenant will not register this lease, but nevertheless if the Tenant desires to register a
notice of this lease the Landlord will execute a notice or acknowledgement sufficient for the
purpose in such form as the Landlord shall have approved and which shall describe only the
parties, the Premises and the Term.
15.10 Accord and Satisfaction
No payment by the Tenant or receipt by the Landlord of a lesser amount than the amount
of rent herein stipulated will be considered to be other than on account of the earliest stipulated
rent, nor will an endorsement or statement on a cheque or in a letter accompanying a cheque or
payment as rent be considered to be an accord or satisfaction, and the Landlord may accept a
cheque or payment without prejudice to the Landlord's right to recover the balance of the rent or
pursue any other remedy.
15.11 No Partnershi
The Landlord does not in any way or for any purpose become a partner of or joint
venturer or a member of a joint enterprise with the Tenant. Notwithstanding the foregoing, the
Landlord may participate with the Tenant for the purposes of securing government funding from
time to time.
15.12 Vacatin2/Deemed Surrender
If, from time to time during the Tenn, the Tenant ceases to occupy the Premises, the
Landlord may give thirty days' written notice to the Tenant that it intends to terminate the lease,
whereupon the Tenant may within such 30 day notice period, respond to the Landlord by written
notice that it still needs the Premises, and giving reasons for the vacancy. If the Tenant does not
respond or having responded does not reoccupy the Premises within a reasonable period of time,
(having regard to the reason given for the vacancy) or if the reasons given are not reasonable, the
Landlord shall be entitled to reoccupy the Premises and thereafter the Tenant shall have no
further right of occupancy or possession of the Premises,. the Tenant shall have no claims,
including claims for costs, or other recourse against the Landlord under the terms of this Lease or
otherwise and it shall be deemed a surrender of this Lease and the Lease shall be considered to
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be at an end and terminated. The Tenant shall also have the right from time to time to surrender
the Lease.
15.13 Amendment to be in Writine
No alteration, amendment, change or addition to this lease will bind the Landlord or the
Tenant unless in writing and signed by them.
15.14 Joint and Several Liability
If two or more individuals, corporations, partnerships or other business associations (or a
combination of two or more) are the Tenant, the liability of each individual, corporation,
partnership or other business association to pay rent and perform all other obligations hereunder
shall be joint and several. If the Tenant is a partnership or other business association the
members of which are by virtue of statute or general law subject to personal liability, the liability
of each member shall be joint and several.
15.15 Counterpart Execution
This Lease may be executed in one or more counterparts, each of which shall be deemed
an original and all of which, taken together shall constitute one and the same instrument.
15.16 Leasehold Improvements
The Tenant covenants and agrees that all improvements made to the Premises, including
the construction and placement of mobile or temporary structures shall, immediately upon the
termination of this Lease or the expiry of the Term, whichever shall occur first in time, become
the property of the Landlord without compensation therefor to the Tenant with the exception of
any alarm system installed by the Tenant, and accordingly, the Tenant is not entitled to remove
any fixtures located on the Premises at any time during the currency of this Lease without the
written consent of the Landlord, except the said alarm system.
ARTICLE XVI - ENVIRONMENTAL OBLIGATIONS
16.01 Definitions
As used herein:
(a) "Environmental Laws" means all applicable federal, provincial, regional,
municipal or local statutes, regulations or by-laws or any legally enforceable
policies, codes, guidelines or directives issued by any governmental authority
including without limitation, the Ministry of the Environment, the Ministry of
Consumer and Commercial Relations or the Technical Standards and Safety
Authority relating to pollution or protection of human health or the environment.
as they may be amended from time to time. Without limiting the generality of the
foregoing, "Environmental Laws" shall include the Guideline.
20 -
(b) "Guideline" shall mean the Guideline for Use at Contaminated Sites in Ontario
issued by the Ministry of the Environment revised February, 1997.
(c) "Hazardous Substances" means any substance or material that is prohibited,
controlled or regulated under any Environmental Laws, including without limiting
the generality of the foregoing, any paints, solvents, PCBs, asbestos,
contaminants, pollutants, dangerous substances, toxic substances, designated
substances, controlled products, wastes, Hazardous materials, dangerous goods or
petroleum, its derivatives, by-products or other hydrocarbons, fumes, acids, alkali
or toxic chemicals in liquid, gaseous or solid form.
(d) "Release" has the meaning contained in any Environmental Law and includes,
without limitation, any release, spill, emission, leak, pumping, injection,
abandonment, deposit, disposal, discharge, dispersal, leaching, migration,
pouring, emptying, escape, dumping, spraying, burying, incinerating, seeping or
placing of Hazardous Substances, including the movement of Hazardous
Substances through, on, under or in the air, soil, subsurface strata, surface water
or groundwater.
(e) "Remediate" means the treatment, excavation, removal or disposal of any part or
parts of the Premises in order to remove Hazardous Substances therefrom and
Remediation has a corresponding meaning.
16.02 Environmental Compliance
(a) The Tenant shall conduct all of its operations on the Premises in strict compliance
with all Environmental Laws and shall not, except as permitted pursuant to
Environmental Laws, cause or permit to be caused by any act, practice or
omission or by negligence or otherwise any adverse effect on the natural
environment, as such terms may be defined or applied under Environmental
Laws. Without limiting the generality of the foregoing, the Tenant shall obtain all
licences, permits, certificates of approvals and approvals, if required, under all
Environmental Laws for its operations on the Premises.
(b) The Tenant shall not cause or allow any Hazardous Substances to be used,
generated, stored or disposed of, under or about or transported from the Premises
except in strict compliance with all Environmental Laws and only in such
amounts as are reasonably necessary in connection with the permitted use of the
Premises under this Lease and using all necessary and appropriate precautions
with respect to such Hazardous Substances. The Tenant shall obtain all licences,
permits, certificates of approval, approvals and generator registrations required
under Environmental Laws with respect to all such Hazardous Substances.
(c) The Tenant shall provide copies to the Landlord of all licences, permits,
certificates of approval, approvals and generator registrations required under this
Section within ten (10) days of demand therefor by the Landlord, provided that
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receipt or review of same by the Landlord shall not obligate the Landlord to take
any action hereunder with respect to any conditions on the Premises.
(d) The Tenant shall not use any existing underground storage tanks located in any
part of the Premises for any purpose without the Landlord's prior written consent
which shall not be unreasonably withheld, and the Tenant shall not install or
construct any underground storage tanks in any part of the Premises unless it first
obtains the Landlord's prior written consent which may be unreasonably withheld
and in the event such consent is granted the Tenant shall comply with all
applicable laws including, without limitation, ensuring adequate secondary
containment for any spills is constructed around any such tanks.
(e) The Tenant shall not permit any waste to accumulate at the Premises other than in
compliance with Environmental Laws and shall ensure all such waste is removed
by a licenced hauler in compliance with all Environmental Laws.
The Landlord may, at any time and from time to time, inspect the Premises and the
Tenant's records to determine whether the Tenant is fully complying with Environrnental Laws
and its environmental obligations under this Lease. The Landlord may also, at any time and
from time to time, inspect the Premises to evaluate the environmental risk. Where the Landlord
reasonably considers it necessary, the inspection may be performed in whole or in part by experts
and may include sampling, monitoring and other tests, all performed at the Landlord's expense.
If the Landlord's inspection discloses a breach of Environmental Law or a fact situation which
could reasonably be anticipated to result in a breach of Environmental Law, the Landlord will
have the right to take whatever steps are reasonably required to rectify such breach or prevent
such breach from occurring, as the case may be. Where the Landlord has either carried out an
order thereto or has cleaned -up or restored a discharge or has otherwise incurred any expense or
damage relating to an environmental problem caused by the Tenant or its employees, suppliers,
invitees, customers or those for whom it is responsible in law, the Tenant will indemnify the
Landlord for all costs incurred by the Landlord with respect thereto together with a reasonable
administration fee. The provisions of this Article XVI will survive the termination of the Lease
in respect of every event occurring during the Term, renewal, extension or overholding.
16.03 Hazardous Substances
The Landlord represents and warrants the following:
a) to the best of the Landlord's knowledge, the Premises are not and have not
in the past been used for storage, manufacture or sale of Hazardous
Substances or for any activity involving Hazardous Substances;
b) the Landlord has not ransported, or caused to be transported, any
Hazardous Substances to or from the Premises;
c) the Landlord has not received and is not aware of any order or notification
from any federal, provincial, regional county or municipal agency or
authority relating to Hazardous Substances, in or near the Premises.
OO; 26
-22-
The Landlord shall indemnify, defend and hold harmless the Tenant and the Tenant's
parent company and their respective officers directors, employees, shareholders and agents from
and against any and all liability arising from any and all losses, costs, expenses, damages, claims,
demands, litigation or governmental action involving any of the following:
a) any breach of the representations and warranties contained in this Section;
b) the presence of Hazardous Substances on or in the Premises, unless such presence
is due solely to the acts of the Tenant occurring after the Effective Date; and
c) the migration of Hazardous Substnaces from the Premises to any other property
unless such migrating substances were located on or in the Premises immediately
prior to such migration due solely to the acts of the Tenant.
- 23 -
In witness whereof the Landlord and Tenant have executed this agreement as of the date
first written above.
0, iis's
� Ci. 1111411 ✓ _�
jCumrni[cze NiiL
THE CORPORAMN OF TAE TOWN OF
AURORA
By: t
Name: T. Jone c/s
Title:
Name: HI.- Tan
Title: CLERK
We have authority to bind the Corporation.
By: Z.
Name: PH 7-r4 i c i/f Ida F,t�¢ Vsor �/s
Title: �xEcurty� pi✓��cr�r2
By:
Name:
Title:
We have the authority to bind the Corporation
=
Schedule A to a Lease dated as of August 21, 2001 between The Corporation of the Town of
Aurora as Landlord and York Region Neighbourhood Services Inc., as Tenant
The Lands: Part of Lot 77, Concession 1, E.Y.S. Town of Aurora, Regional Municipality
of York designated as Lot 26, RCP 10328.
Error! Unknown document property name.
`'f� 0029
6►AII
Schedule `B"
The Tenant shall pay rent in the following amounts for the following periods:
September 1, 2001 to August 31, 2002 $2050.00 per month;
September 1, 2002 to August 31, 2003 $2100.00 per month;
September 1, 2003 to August 31, 2004 $2150.00 per month;
September 1, 2004 to August 31, 2005 $2200.00 per month;
September 1, 2005 to August 31, 2006 $2250.00 per month;
September 1, 2006 to August 31, 2007 $2300.00 per month;
September 1, 2007 to August 31, 2008 $2350.00 per month;
September 1, 2008 to August 31, 2009 $2400.00 per month;
September 1, 2009 to August 31, 2010 $2450.00 per month;
September 1, 2010 to August 31, 2011 $2500.00 per month.
McCarthv 76traidt TDO-RED #810791 ' / v. 2
Clark, Carol
From: yetti@sympatico.ca
Sent: Friday, April 16, 2004 11:13 AM
To: Clark, Carol
Cc: Ewart, Karen; sam.zimmerman@dmjmharris.com
Subject: Aurora - April 20th Committee of the Whole Meeting
Hi Carol,
As per our conversation, I am forwarding details with regards to the
Committee of the Whole meeting on April 20th at 7:00 p.m. Sam Zimmerman, Prinicpal,
Transportation Planning will be making the presentation. The presentation will focus on
YRTP's upcoming construction activities which will begin in May. The presentation will be
5 minutes in length. I will be forwarding the CD by April 19th as you requested. Could you
please ensure that there is a laptop and a projector for the presentation. Also could you
provide me with the version of power point you are using. Thanks in advance.
Regards,
Yetti Williams
Associate Director, Communications
York Region Rapid Transit Plan
905 886-6767 ext 2234
IfLGOA O�ICANT AC ■ GII&I IAML' l%B--MV lw
OFFICE MEMO
To: Bob Panizza, Municipal Clerk/Director of Corporate Services
From: Allan D. Downey, Director of Leisure Services
Subject: Presentation by NORR Limited
Date: Friday, April 16, 2004
Please place on the Agenda for Tuesday, April 20th General Committee meeting a
Presentation by NORR Limited outlining the Design Concept and associated budget for
the new Recreation Centre.
Thank you,
Allan D. Downey,
Director of Leisure Services.
ADD/dp
April 16, 2004
Mr. Allan Downey, Director of Leisure Services
The Corporation of the Town of Aurora
100 John West Way
Aurora, Ontario
L4G 6J1
Dear Sir,
Re: New Recreation Complex
Class C Estimate for the New Recreation Complex
Further to our last Building Committee meeting, we are pleased to provide the following
overview of the Class C construction estimate provided by NORR Architects &
Engineers and our cost consultant A.W. Hooker & Associates.
The April 12, 2004 Class C estimate for construction and related site works based on the
current Schematic Design by the project Architect is as follows:
$19,125,000
Other estimated project costs are:
Construction Contingency $ 950,000
Professional Fees $ 1,735,000
Permits & Legal Fees $ 20,000
Furniture & Equipment $ 200,000
Estimated Project Total Cost $22,030,000
In comparison to the Project Total Cost presented to Council on February 24, 2004, the
current estimate demonstrates a less than one half percent (.005%) increase in
comparison to the approved budget of $21,981,000.
-z-
Conclusions
Our collective project team is confident that significant contingencies in design and
construction for both the building structure and site works have been allowed for and that
during the course of design development, savings can be realized to lower project costs in
line with the budget amount of $21,981,000
Yours truly,
Gary D Stanhope
Senior Project Manager
81186-3168
FIGURE 1
000035
FIGURE 2
FIGURE 3
GARDENITERRACE
CHILDREN'S AREA
FOR TODDLERS AND
PRE-SCHOOLERS
ADMINISTRATION
OFFICES
PHASE 7 -PUBLIC
GARDEN/TERRACE I
FUTURE LOCATION
FOR GYMNASIUM
POOL SERVICES
MECHANICAL AND
ELECTRICAL SPACE
ABOVE
I REFRIGERATION, STORAGE
AND ELECTRICAL ROOM
210E PADS
AND SPECTATOR SEATING
12 TEAM CHANGE ROOMS
2 OFFICIALS ROOMS
FIRSTAIDROOM
MAIN ENTRY
PUBLIC AREA
SNACK BAR, STORAGE AND
PRO SHOP
WARM VIEWING AREAS
PUBLIC WC'S
MEETING ROOM
POOLAREA
EIGHTLANE 25m POOL
LEARNING POOL
LEISURE POOL AND SLIDE
POOL CHANGE ROOMS
MALE, FEMALE AND FAMILY
E E E
AURORA RECREATION COMPLEX
Pr ellminary plan
Apd12004
NORR LIMITED ARCHITECTB AND ENGINEERS MACLENNAN JAUNKALNB MILLER ARCHITECTS
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