HomeMy WebLinkAboutCS 27-18DICKERING
04
Report to
Executive Committee
Report Number: CS 27-18
Date: September 11, 2018
From: Marisa Carpino
Director, Community Services
Subject: Pickering Sports Medicine & Wellness Centre
- Lease Amending Agreement
- File: A-1440-001
Recommendation:
1. That the Mayor and the City Clerk be authorized to execute the Lease Amending Agreement
with Angela Dye Physiotherapy Professional Corporation carrying on business as Pickering
Sports Medicine & Wellness Centre as set out in Attachment 1 to this report, subject to minor
revisions as may be required by the Director, Community Services and the Director,
Corporate Services & City Solicitor.
2. That the appropriate officials of the City of Pickering be authorized to take necessary actions
as indicated in this report.
Executive Summary: The City of Pickering has an existing Lease Agreement with Angela
Dye Physiotherapy Professional Corporation carrying on business as Pickering Sports Medicine &
Wellness Centre (the "Wellness Centre") for the period of January 1, 2018 to December 31, 2022.
The Wellness Centre consists of one room Iodated on the second floor of the Pickering Recreation
Complex totaling 1,420 square feet.
In recent years, Angela Dye has expressed a need for additional space in order to expand the
existing Wellness Centre and meet the demands of her growing clientele. At the time, the rooms
adjacent to the Wellness Centre were operated by the City for recreation/leisure programs and
private rentals; the Arts Studio was dedicated for municipal arts programming to the west; and
meeting room number 1 was utilized for City run recreation/leisure programs, particularly camps,
and private rentals to the east.
However, with the recent consolidation of arts programming into one single "Arts Studio" located
on the first floor of the Pickering Recreation Complex (formerly known as the Pottery Studio), the
dedicated Arts Studio on the second floor of the Pickering Recreation Complex has now become
available for other municipal recreation/leisure programs and private rentals. This new flex space,
adjacent to the Wellness Centre, has enabled staff to consider Angela Dye's request to expand.
To that end, staff reviewed the annual utilization rate of meeting rooms number 1, 2 and 3 located
on the second floor of the Pickering Recreation Complex and have determined that the number of
bookings for meeting room number 1 can be reasonably accommodated in meeting room number
2 and/or 3, or in the new flex space formerly occupied by the dedicated Arts Studio. This
reallocation of permits would result in no displaced customers, no cancelled programs and no lost
CS 27-18 September 11, 2018
Subject: Pickering Sports Medicine & Wellness Centre Page 2
rentals or revenues. In fact, by expanding the Wellness Centre into meeting room number 1 by
approximately 673 square feet, the City would realize additional annual revenues.
As such, the Community Services Department recommends that the Lease Amending Agreement
as set out in Attachment 1 be initiated with Angela Dye Physiotherapy Professional Corporation
carrying on business as the Pickering Sports Medicine & Wellness Centre for premises totaling
approximately 2,093 square feet located on the second floor of the Pickering Recreation Complex
ending December 31, 2022.
Financial Implications: The annual tenant base rent payable to the City of Pickering will
increase from $28,700 plus HST (for current premises of approximately 1,420 square feet) to
$42,906.50 plus HST (for expanded premises of approximately 2,093 square feet).
The cost to construct the new demising wall and all leasehold improvements are the responsibility
of the Wellness Centre. All leasehold improvements must comply with the Ontario Building Code
and the City shall be provided with a copy with all permit applications for the works.
Discussion: For nearly two decades, the Wellness Centre has leased space on the
second floor of the Pickering Recreation Complex to operate a sports medicine out-patient clinic
with the services of physiotherapy, massage therapy and a visiting Orthopedic Surgeon. The
business is owned by Angela Dye, Registered Physiotherapist and services are implemented by
health care professionals.
The Wellness Centre brings in approximately 15,000 annual patient visits in a room of
approximately 1,400 square feet. Since it opened in 2001, the Wellness Centre has evolved from
a small "one physiotherapist clinic" to a multi -disciplinary clinic with an expanded staff including
four Registered Physiotherapists, two Registered Kinesiologists, two Registered Massage
Therapists and two Physiotherapy Assistant staff.
The majority of the clientele at the Wellness Centre is comprised of people who have had surgery
and/or recovering from injuries/accidents, often seniors over the age of 65. Physiotherapists on
staff are designated authorizers with the Ministry of Health and Long Term Care (MOHLTC) for
the prescription of mobility aids including walkers, scooters and wheelchairs. The Wellness
Centre also provides physiotherapy services to Canadian soldiers though their relationship with
Veteran Affairs Canada and they are a registered physiotherapy provider with the Federal Interim
Health.Program that services both refugees and individuals who are seeking asylum in Canada.
In 2014, the Wellness Centre received an OHIP billing licence which has substantially increased
the number of annual patient visits. It was a very competitive process with only 70 clinics selected
across Ontario, among approximately 700 applicants. Especially since receiving the new OHIP
billing licence, the Wellness Centre treats vulnerable seniors and people who need these services
but would otherwise not be able to afford them. The increased clientele and staff has resulted in
limited space for treatments areas, document storage (a requirement for registered therapists of
Ontario), office space and waiting area.
CS 27-18 September 11, 2018
Subject: Pickering Sports Medicine & Wellness Centre Page 3
As a result, Angela Dye has requested additional leased space from the City in order to expand
her business and meet the needs of her clients. This additional space will enable the Wellness
Centre to offer programs and services that are currently not available in the facility and are very
limited in Durham Region:
1. Multiple Spinal Disorders/Pathologies: The addition of a traction bed to provide more
effective treatment of the spinal conditions that commonly affect an aging population and
are contributory to deteriorating function.
2. Pelvic Floor Rehabilitation for both men and women: The Wellness Center has the clinical
physiotherapy expertise to provide treatment of pelvic floor conditions associated with
aging and other medical conditions.
3. Neurological Rehabilitation: The addition of parallel bars and other related rehabilitation
equipment to provide rehabilitation services for patients with Multiple Sclerosis, Parkinson's
Disease as well as Stroke who have limited outpatient options.
4. Geriatric Rehabilitation: Slow stream rehabilitation programs are limited in the community
but essential for older residents who have had surgeries or extended hospital stays.
Specialty programs that focus on spatial awareness, proprioception, balance and vestibular
rehabilitation would be possible with expanded space.
With the recent consolidation of arts programming into one single "Arts Studio" on the first floor of
the Pickering Recreation Complex, the former Arts Studio on the second floor of the Pickering
Recreation Complex has now become available for City recreation/leisure programs and private
rentals. This new flex space, strategically located adjacent to the Wellness Centre, has allowed
staff to consider Angela Dye's request to expand.
To that end, staff reviewed the utilization rate of meeting rooms number 1, 2, and 3 located on the
second floor of the Pickering Recreation Complex and have determined that the number of annual
bookings for meeting room number 1 can be reasonably accommodated in meeting room number
2 or in the new flex space afforded by the formerly dedicated Arts Studio (now vacated). This
reallocation of permits would result in no displaced customers, no cancelled programs and no lost
rentals or revenues. In fact, by expanding the office suite of the Wellness Centre by an additional
673 square feet into meeting room number 1, the City would realize additional annual revenues
through the amending lease agreement.
The Wellness Centre offers services that are compatible with the City's mandate to encourage the
development of balanced and healthy lifestyles contributing to the well-being of both mind and
body. They also promote the City's personal training program to support their patients' ongoing
health and rehabilitation. The Wellness Centre has operated in a professional manner that has
satisfied the City.
CS 27-18 September 11, 2018
Subject: Pickering Sports Medicine & Wellness Centre Page 4
As such, the Community Services Department recommends that the attached Lease Amending
Agreement be initiated with Angela Dye Physiotherapy Professional Corporation carrying on
business as the Pickering Sports Medicine & Wellness Centre for premises of approximately
2,093 square feet located on the second floor of the Pickering Recreation Complex ending
December 31, 2022.
Attachments:
1. Lease Amending Agreement
Prepared/Approved/Endorsed By:
Marisa Carpino, MA
Director, Community Services
:mc
Recommended for the consideration
of Pickering City Council
Tony Prevedel, P.Eng.
Chief Administrative Officer
443. 7 201e
ATTACHMENT/WO REPORT#„ice? 6.18
Lease Amending Agreement
This Lease Amending Agreement is made as of the day of , 2018.
Between:
Angela Dye Physiotherapy Professional Corporation carrying on business as
Pickering Sports Medicine & Wellness Centre
(the "Tenant")
- and -
The Corporation of the City of Pickering
(the "Landlord")
WHEREAS pursuant to a lease dated January 11, 2018 between the Landlord
and the Tenant, a copy of which is attached hereto as Schedule "A" (the "Lease"), the
Landlord leased to the Tenant those premises being one room containing
approximately 1,400 square feet located in the Pickering Recreation Complex located at
1867 Valley Farm Road, Pickering, Ontario;
AND WHEREAS the Landlord and the Tenant have agreed to amend the Lease
as hereinafter set forth;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of
the sum of Two Dollars ($2.00) now paid by each party to the other, and for other good
and valuable consideration (the receipt and sufficiency of which are hereby
acknowledged), the parties hereto agree as follows:
1. The foregoing recitals are true in substance and fact and are incorporated
herein.
2. The Lease is hereby amended as follows:
(a) The first paragraph of the Lease is deleted in its entirety and replaced with
the following:
"Now therefore this agreement witnesseth that, in consideration of the
rents, covenants and agreements hereinafter reserved and contained on
the part of the Tenant to be paid, observed and performed, the Landlord
hereby leases to the Tenant during the term of this agreement (hereinafter
referred to as the "Lease") one suite containing approximately 2,093
square feet located in the Pickering Recreation Complex located at 1867
Valley Farm Road, Pickering, Ontario to operate a sports medicine &
wellness centre (hereinafter referred to as the "Premises")."
(b) The "Definitions" Section is amended by deleting the definition of
"Premises" and replacing it with the following:
"Premises" means one suite as set out in Schedule "A" containing
approximately 2,093 square feet located at the Pickering Recreation
Complex to operate a sports medicine & wellness centre at 1867 Valley
Farm Road, in the City of Pickering, Regional Municipality of Durham."
(c) Section 2.1 is amended by adding the following:
"This rental rate shall apply until October 1, 2018. From and after October
1, 2018, the Tenant shall pay base rent to the Landlord in the amount of
$42,906.50 per annum ($3,575.54 per month) plus applicable H.S.T. for
the remainder of the Term of the Lease."
(d) Schedule "A" of the Lease shall be deleted and replaced with the
"Premises Floor Plan" as set forth in Schedule "B" to this Lease Amending
Agreement.
3. The Landlord shall form one new opening, no larger than 4 feet wide, in the wall
between the existing leased space, identified as Physio Suite on the Premises
Floor Plan, and the additional lease space, identified as Meeting Room 1 on the
Premises Floor Plan, at a location to be agreed upon by the Tenant and the
Landlord. The Landlord shall construct a new demising wall between the
additional lease space, identified as Meeting Room 1 on the Premises Floor
Plan, and Meeting Room 2, as identified on the Premises Floor Plan. The
demising wall will be constructed of metal studs and drywall on both sides and
will be finished with paint. Should the Tenant require electrical outlets in the
demising wall, the Landlord shall install electrical outlets, subject to the Electrical
Safety Code, O.Reg. 164/99 and electrical panel capacity (collectively, the
"Landlord's Work"). The Landlord shall commence the Landlord's Work upon
written confirmation of the location of the wall opening as described above and
details of any electrical requirements in the demising wall. The Landlord shall
use commercially reasonable efforts to complete the Landlord's Work within 6
weeks following commencement thereof. The Tenant shall remain in occupancy
of the Premises during the completion of the Landlord's Work and such
occupancy shall be non-exclusive, and will be shared with the Landlord and the
Landlord's contractors, sub -contractors, servants, agents and employees.
During such period of shared occupancy, the parties shall co-operate with one
another so as to ensure each party is able to complete its respective obligations
but the Tenant hereby acknowledges and agrees that, in the event of a conflict,
the completion and scheduling of the Landlord's Work shall take precedence.
Notwithstanding anything contained in this Lease Amending Agreement to the
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contrary, the Landlord's occupancy of the Premises as provided for herein shall
not be deemed to be a re-entry of the Premises and shall not constitute a breach
by the Landlord of its obligation for quiet enjoyment under the Lease, as
amended hereby. The Tenant shall be responsible, at its sole cost and expense,
for the relocation and/or the removal of any or all of its fixtures, furniture and
equipment from or within the Premises in order to accommodate the Landlord's
Work and the performance thereof.
4. The Landlord will submit to the Tenant an invoice for all costs incurred by the
Landlord arising from the Landlord's Work and the Tenant shall pay the invoice
submitted by the Landlord within 15 days of receipt of said invoice.
5. Save and except as expressly provided in Section 3 above, the Landlord shall
have no obligation to construct any leasehold improvements in the Premises, or
give any other inducements of any kind in connection with the Tenant's
continued occupancy thereof.
6. The Landlord reserves the right, during the construction of any leasehold
improvements, to enter the Premises for the purpose of inspection of the work.
7. The parties agree that this Lease Amending Agreement shall be conditional
upon the Landlord receiving an executed personal acknowledgement by Angela
Dye, guarantor under the Guarantee of the Lease, prepared in the form attached
hereto as Schedule "C".
8. Except as hereby amended, the parties confirm that the terms, covenants and
conditions of the Lease remain unchanged and in full force and effect.
9. It is understood and agreed that all terms and expressions when used in this
Lease Amending Agreement, unless a contrary intention is expressed herein,
have the same meaning as they have in the Lease.
10. This Lease Amending Agreement, including any Schedules attached hereto,
constitutes the entire agreement between the parties and may not be amended
or modified in any respect except by written instrument signed by the parties
hereto.
11.This Lease Amending Agreement may be executed in several counterparts,
and/or by facsimile or email transmission, each of which shall constitute an
original and all of which, taken together, shall constitute one and the same
instrument.
12.This Lease Amending Agreement shall be governed by and construed in
accordance with the laws of the Province of Ontario.
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13. If any covenant, obligation or provision contained in this Lease Amending
Agreement, or the application thereof to any person or circumstance, shall, to the
any extent, be invalid or unenforceable, the remainder of this Lease Amending
Agreement or the application of such covenant, obligation or provision to persons
or circumstances other than those as to which it is held invalid or unenforceable
shall not be affected thereby and each covenant, obligation or provision of this
Lease Amending Agreement shall be separately valid and enforceable to the
fullest extent permitted by law,
14.This Lease Amending Agreement shall enure to the benefit of and be binding
upon the parties hereto and their respective heirs, executors, administrators,
successors and permitted assigns, as the case may be.
In witness whereof the parties have duly executed this Lease Amending Agreement as
of the date first written above.
Angela Dye Physiotherapy Professional
Corporation carrying on business as
Pickering Sports Medicine & Wellness Centre
Name:
Title:
I have the authority to bind the Corporation.
The Corporation of the City of Pickering
David Ryan, Mayor
Debbie Shields, City Clerk
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Schedule "A"
Lease
See attached.
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This Lease made in duplicate this / day of
Between:
, 2013.
Angela Dye Physiotherapy Professional Corporation carrying on business as
Pickering Sports Medicine & Wellness Centre
(the "Tenant")
-and-
The Corporation of the City of Pickering
(the "Landlord")
Now therefore this agreement witnesseth that, in consideration of the rents, covenants
and agreements hereinafter reserved and contained on the part of the Tenant to be
paid, observed and performed, the Landlord hereby Leases to the Tenant during the
term of this agreement (hereinafter referred to as the "Lease") one room containing
approximately 1,400 square feet located in the Pickering Recreation Complex located at
1867 Valley Farm Road, Pickering, Ontario to operate a wellness centre (hereinafter
referred to as the "Premises").
1.0 Term
The term of this Lease (hereinafter referred to as the "Term") shall commence on the
1st day of January, 2013 and shall end on the 31st day of December, 2017, provided
that the Tenant shall have the option thereafter of one additional five year Term on the
provision that at least two (2) months prior written notice of the renewal period is given
by the Tenant to the Landlord of the Tenant's intent to renew the Lease and provided
further that the Tenant shall have been a Tenant in good standing throughout the entire
Term of the Lease deTermined solely by the Landlord and provided further there has
been no breach of any provisions of the Lease at any time by the Tenant. Each
successive renewal shall be based on the same Terms and conditions as set out herein,
save and except for the amount of rent payable. Rent payable for the renewal Term
shall be as mutually agreed upon by both the Landlord and the Tenant at least one
month prior to the commencement of the renewal Term. Failing such mutual
agreement, this Lease shall be at an end and the Tenant shall vacate the Premises
upon expiration of the original Term.
1.1
Upon the expiration of.the Term, or if the Landlord shall become entitled to
Terminate and shall declare this Lease to be Terminated pursuant to any
provisions hereof, the Tenant shall surrender to the Landlord possession of the
Premises and all of the fixtures and improvements erected thereon (all of which
the Tenant acknowledges to be, the property of the Landlord without any claim by
or compensation to the Tenant), all the lights of the Tenant under this. Lease shall
Terminate (but the Tenant shall notwithstanding such Termination, be liable to
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the Landlord for any loss or damage suffered by the Landlord by reason of any
default of the Tenant).
1.2 No early Termination of possession of the Premises shall release the Tenant
from its obligations under the Terms herein unless such Termination is
consented to by the Landlord in writing.
2.0 Base Rent
2.1 The Tenant shall pay. base rent to the Landlord in the amount of $25,200.00 per
:annum ($2,100.00 per month) plus applicable H.S.T. for the first year of the Term
of the Lease.
2.2 For each successive year of the Term, the annual rent shall increase by an
amount equal to any -increase in the Consumer Price Index for Ontario as •
established by Statistics Canada for the period between October and November
of the previous year of the Term.
2.3 Rent shall be payable monthly. Prior to the commencement of each' year of the
Term, the Tenant shall provide to the Landlord, twelve(12) post-dated cheques,
'dated the first day of each and every month of the ensuing year, made payable to
The Corporation of the City of Pickering:
3.0 Taxes
3.1 The Tenant covenants that it shall pay all taxes, if applicable, license fees and all
other taxes or grants paid in lieu thereof or in addition thereto against or
attributable to all Leasehold improvements, equipment and facilities and the
Premises and the operation of the Tenant's business thereon.
3.2 In the event of the failure of the Tenant to make any such payments called for in
this paragraph directly to the relevant authority, the Landlord may make any such
payment and any amounts so paid by the Landlord shall be payable by the
Tenant to the Landlord forthwith upon demand and shall be considered by the
Landlord and the Tenant to be rent for the purposes of this Lease.
4.0 Payment of Rent
4.1 The Tenant covenants that at the times and in the manner provided in this Lease,
it will pay in lawful money of Canada to the Landlord, at the address of the
Landlord set out herein or at such other place as the Landlord may designate
from time to time, the rent hereby reserved and all other amounts payable by the
Tenant pursuant to the Terms of this Lease (all of which other amounts it is
hereby agreed between the parties are payable as additional rent and
recoverable by the Landlord from the Tenant as rent including H.S.T. and all
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applicable taxes and the facility usage fee), without any deduction or set-off
whatsoever, or any abatement except as expressly provided under this Lease.
4.2 If the Tenant fails to pay, when same is due and payable, any rent and all other
amounts payable by the Tenant pursuant to the herein Lease, such unpaid
amounts shall'bear interest from the due date thereof to the date of payment at a
rate per annum which is two (2) percentage points in excess of the minimum
lending rate to prime commercial borrowers current at the due date charged by
any Canadian chartered bank designated by the Landlord from time to time,
subject to annual compounding.
5.0 Use
5.1 The Tenant shall use the Premises only for the purpose of a wellness clinic,
which scope of services will include an orthopaedic surgeon, physiotherapy,
myofacial reLease, comprehensive cardiac rehab program, a kinesiologist,
occupational therapy, social work, chiropractic treatment, holistic nutritional
counselling, massage therapy, homeopathy, acupuncture, an orthotist and
bracing specialist and the sale of wellness -oriented products.
5.2 The Tenant covenants that it will not provide any other services, other than those
identified in 5.1 above, without first obtaining the prior written consent of the
Landlord, which consent may not be unreasonably withheld.
5.3 The Tenant covenants that it will provide, at its sole expense, visible signage in
its reception area throughout the Term of this Lease that identifies to its patients
the services it provides and stating that the services are independent of the
Landlord. The signage shall be approved by the Landlord prior to being
displayed.
5.4 The Tenant shall provide to the Landlord a copy of a standardized written waiver
which shall state that the scope of services being provided by the Tenant are
independent of The Corporation of the City of Pickering. Such waiver shall be
provided to the Landlord for approval prior to the commencement of the Tenant's
business.being conducted on the Premises. The Tenant shall further provide
such waiver to the Tenant's clients and patients prior to providing or delivering
any services.
5.5 Services provided by the Tenant shall be supervised by a duly licensed health
professional and registered to provide wellness services in the Province of
Ontario. Each employee and contracted service provider of the Tenant shall be
duly licensed to carry out any service to be provided by such employee and
contracted service provider as may be provided by any statute or regulation of
any legislative authority.
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6.0 Sale of Products
6.1 The Tenant covenants that it shall only sell product lines that are wellness -
oriented. Such products include the following:
• Braces
• cervical pillows
• lumbar back support
• tubing -therapeutic
• orthotics
• cervical collars
• seating products
• cervical hot packs
• tens machines _ portable
• bottled water 16.5 oz.
6.2. The Tenant covenants that it will not provide for resale any product other than
those identified in 6.1 above, without first obtaining the prior written consent of
the Landlord, which consent may not be unreasonably withheld.
6.3 The Landlord reserves the right to restrict the sale of any items which the
Landlord, in its sole discretion, considers distasteful and/or not in the best
interest of the general public.
7.0 Hours of Operation
7.1 The Tenant covenants to operate its business only on those days when the
Pickering Recreation Complex is open to the public. The Tenant shall operate
within the same operating hours as the Pickering Recreation Complex's
operating schedules, which operating schedules shall be determined solely by
the Landlord from time to time.
7.2 The Tenant acknowledges that the Landlord reserves the right to alter the
operating schedules and further acknowledges that the Landlord will not be
responsible for any losses or damages including any lost revenues and/or
additional expenses incurred by the Tenant due to operating schedule changes
and/or Pickering Recreation Complex closures, for any reason whatsoever.
7.3 In addition to scheduled closings, the Pickering Recreation Complex shall be
closed on the following holidays:
New Year's Eve
New Year's Day
Family Day
Good Friday
Easter Sunday
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Victoria Day
Canada Day
Civic Holiday
Labour Day
Thanksgiving
Christmas Eve
Christmas Day
Boxing Day
and any other holiday declared by the.Landlord.
8.0 Utilities/Telephone Service
8.1 The Landlord shall supply heat, hydro, water and air-conditioning to the Premises
at its sole expense.
8.2 The Landlord reserves the right to prohibit the Tenant from installing or using any
equipment that requires increased voltage, which may result in additional costs to
the Landlord.
8.3 The installation, removal and daily supply of telephone service shall be at
the Tenant's sole expense.
9.0 Leasehold Improvements
The Tenant is responsible for construction, painting, decorating, maintenance,
replacement, repair and insurance of the Tenant's Leasehold improvements,equipment,
fixtures and facilities on the Premises and shall abide by the Terms as provided for in
paragraph no. 11 herein.
10.0 Entry to the Premises
10.1 The Landlord shall provide the Tenant with keys to the Premises. The Tenant
shall not, without prior written consent of the Landlord, change the lock on the
Premises or place additional locks upon the door of the Premises and shall not
permit any duplicate key to be made.
10.2 The Tenant acknowledges that the Landlord will keep in its possession keys that
would provide access to the Premises by the Landlord in the event it becomes
necessary to enter the Premises during a time when the Tenant's business is not
operating.
10.3 The Tenant covenants and agrees that upon the Landlord becoming entitled to
re-enter the Premises under any of the provisions of this Lease, the Landlord in
addition to all other rights shall have the right to enter the Premises as the agent
of the Tenant either by force or otherwise, without being liable for any
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prosecution therefore and to relet the Premises as the agent of the Tenant, and
to receive the rent therefore and, as the agent of the Tenant, to take possession
of any furniture or other property on the Premises and to sell same at public or
private sale without notice and to apply the proceeds of such sale and any rent
derived from reletting the Premises upon account for the rent and additional rent
and facility usage fees under this Lease and the Tenant shall be liable to the
Landlord for the deficiency, if any.
11.0 Alterations & Improvements
The Tenant covenants not to -make or erect in or to the Premises any
installations, alterations, additions or partitions without submitting drawings and
specifications to the Landlord and without obtaining the Landlord's prior written
consent in each instance, which consent shall not be unreasonably withheld. the
Tenant must further obtain the Landlord's prior written consent to any change or
changes in such drawings and specifications submitted as aforesaid. such work
may be performed by contractors engaged directly by the Tenant provided a
written contract is approved in writing by the Landlord and subject to all
reasonable conditions which the Landlord may impose; without limiting the
generality of the foregoing, any work performed by or for the Tenant shall be
performed by competent workers whose labour union affiliations are not
incompatible with those of any workers who may be employed by the Landlord,
its contractors or subcontractors' the Tenant shall pay, when due, the costs of all
such work and of all materials, labour and services involved therein provided that
any such payments may be withheld pursuant to the provisions of Construction
Lien Act (Ontario). The workmen performing works on the Premises shall provide
satisfactory evidence of insurance to the Landlord prior to commencing any
works on the Premises.
11.2 The contractor shall obey all federal, provincial and municipal laws, acts,
ordinances, regulations, orders -in -council and by-laws which could in any way
pertain to the work outlined in the contract or to the employees of the Tenant.
Without limiting the generality of the foregoing, the contractor shall satisfy all
applicable statutory requirements imposed by the Occupational Health and
Safety Act and regulations made thereunder.
11.3 The Tenant covenants that it will not suffer or permit any mechanics or other
liens for work, labour, service or materials ordered by it or the cost of which it
may be in any way. obligated to pay to attach to the Premises and that, whenever
and so often as any such liens shall attach or claims therefore shall be filed, the
Tenant shall, within twenty (20) days after the Tenant has notice of the claim for
lien, procure the discharge thereof by payment or by giving security or in such
other manner as may be required or permitted by law.
11.4 The Tenant acknowledges that all renovations and constructions to the Premises
become part of the Premises and shall be deemed to be the property of the
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Landlord. Renovations and constructions are not to be dismantled or destroyed
at either the end or Termination of the Lease.
11.5 All alterations, renovations and new construction must be approved by the
Landlord and must be completed under the authority of a building permit issued
by the Landlord. All related permit fees and costs including the provision of any
diagrams, architectural plans and architectural fees are at the expense of the
Tenant.
12.0 Maintenance
12.1 The Tenant covenants and agrees to keep and maintain during the Term and to
deliver up at the end of the Term (or such earlier or later Termination of this
Lease as is provided for herein), the Premises in a state of good maintenance,
cleanliness and repair. The Tenant covenants to permit representatives of the
Landlord on site at any time for the purpose of inspection and to determine
compliance with this provision.
12.2 The Tenant will covenant that it will be responsible for maintenance of its own
property and equipment.
12.3 The Landlord reserves the right to close sections of the Premises, or the whole
area of the Premises, as required for maintenance from time to time. The Tenant
shall have no right to claim for any losses or damages to the Tenant arising from
such closures by the Landlord.
12.4 The Landlord reserves the right to enter and view the state of maintenance and
repair of the Premises. The Tenant agrees to repair according to notice in writing
any deficiencies, and in the event the -Tenant neglects to make said repairs and
carry out the necessary maintenance with five (5) days of such notice by the
Landlord, the Landlord may enter the Premises and make such repairs and carry
out such maintenance at its option and 'at the expense of the Tenant, which sum
must be paid by the Tenant within ten (10) days after receiving notice in writing
from the Landlord of the costs incurred by the Landlord. In the event the Tenant
neglects to pay such costs as set out in writing, such expense may be set off
against the security deposit held by the Landlord.
12.5 The Landlord shall give the Tenant 24 hours notice with respect to the inspection
and maintenance of the Premises (except in an emergency, in which case, the
Landlord shall give such notice, if any, as is practicable).
13.0 Garbage Removal
The Tenant shall be responsible, at its own expense, for the daily removal of its garbage
from the Premises to a location designated by the Landlord, with the exception of any
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medical wastes, in which case the Tenant shall be responsible for both the safe removal
and disposal of such medical wastes from the Premises.
14.0 Signs
14.1 The Tenant shall not display any sign, picture, advertisement, notice or lettering
on the inside or outside of the Pickering Recreation Complex facility without the
prior written consent of the Landlord, which consent may not be unreasonably
withheld.
14.2 The parties agree that the Landlord will provide an area in the main lobby of the
Pickering Recreation Complex for the Tenant to display a sign at the Tenant's
sole expense in accordance with section 14.1 above, advising the patrons of the
Pickering Recreation Complex of the Tenant's operations and its location within
the Pickering Recreation Complex, noting thereon that the Tenant's operation is
a service supplied independent of the Landlord.
14.3 The Landlord reserves the right to have the Tenant immediately remove, upon
written notice, any sign, picture, advertisement, notice or lettering on the inside of
the Premises, which the Landlord at its sole discretion considers inappropriate or
offensive, or in contravention of this Lease or any other agreement to which the
Landlord may be bound.
14.4 The Tenant covenants that any additional advertising within the Pickering
Recreation Complex shall be subject to the parties hereto entering. into an
advertising agreement, which agreement will be subject to additional costs to the
Tenant for such a service.
15.0 Rules and Regulations
15.1 During the Term of this Lease, the Tenant agrees to comply with the various
rules and regulations, policies and procedures, as amended from time to time,
put in place by the Landlord, including but not limited to the Landlord's the
Harassment Policy.
15.2 The parties agree that the Landlord shall be entitled from time to time, to
establish reasonable rules and regulations with respect to the use of the
Premises, hours of operation and common areas used by the Tenant, its
employees and all persons visiting or doing business with it including rules
relating to the parking of vehicles in connection with the Tenant's business. The
Tenant, its employees and all persons visiting or doing business with it agree to
comply with all such rules and regulations and to fully co-operate in avoiding
obstruction and/or conflict with the operation and services of the Pickering
Recreation Complex and third parties. The Tenant, its employees and all persons
visiting or doing business with it agree to alter or modify their use of the Pickering
8
Recreation Complex and common areas when so requested by the Landlord
from time to time.
16.0 Indemnity of Tenant
The Tenant covenants to indemnify the Landlord against any and all claims, actions,
damages and liability (including, without limiting the generality of the foregoing, all
claims for personal injury, death and/or property damage) and also damages arising
from any breach of this Lease by the Tenant or from any act or omission of the Tenant
or those for whom the Tenant is at law responsible in or around the Premises and
against all costs incurred in connection with any such claim, except as provided in
section 17 below.
17.0 Indemnity of Landlord
The Landlord shall not be liable for any loss or damage to any property belonging to the
Tenant or to any other persons or for any injury to any person while such person or
property is on the Premises unless such loss, damage or injury is caused directly by the
negligence of the Landlord, or those for whom the Landlord is at law responsible.
18.0 Insurance
18.1 Prior to occupying the Premises, the Tenant shall, at its own expense, shall
provide:
(a) comprehensive general public liability insurance, identifying The Corporation
of the City of Pickering as an additional insured, including coverage for personal
injury, contractual liability, Tenant's legal liability, non -owned automobile liability,
death and property damage, on an occurrence basis with respect to the business
carried on at the Premises and the Tenant's use and occupancy of,the Premises,
with coverage for any one occurrence or claim of not less than $5,000,000, which
insurance shall protect the Landlord in respect of claims by the Tenant as if the
Landlord was separately insured;
(b) insurance in respect of fire and other perils covering the Leasehold
improvements, trade fixtures, furniture and equipment in the Premises for not
less than the full replacement cost thereof;
(c) malpractice insurance in the amount of not less than $2,000,000;
(d) a certificate of insurance coverage in a form satisfactory to the Landlord,
prior to the Tenant taking possession of the Premises, which insurance coverage
shall be kept in full force and effect throughout the Term of the Lease and any
renewal(s) thereof.
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18.2 The Tenant covenants with the Landlord that the Tenant, in its use and
occupation of the Premises, will not, do or omit or permit to be done or omitted
anything which shall cause any insurance premium of the Landlord to be
increased, and if any insurance premium shall be so increased, the Tenant shall
pay to the Landlord forthwith upon demand the amount of such increase. if notice
of cancellation or lapse shall be given respecting any insurance policy of the
Landlord or if any insurance policy shall be cancelled or refused to be renewed
by an insurer by reason of the use or occupation of the Premises or any part
thereof, the Tenant shall forthwith remedy or rectify such use or occupation upon
being requested to do so in writing by the Landlord and if the Tenant shall fail to
do so the Landlord may, at its option, Terminate this Lease forthwith by notice in .
writing and the Tenant shall immediately surrender possession of the Premises
to the Landlord and thereupon rent and all other amounts for which the Tenant is
liable under this Lease shall be apportioned and paid in full to the date of
surrender; provided that the Tenant shall have the right to replace such cancelled
insurance at any time prior to the Landlord's notice of Termination. If the
Premises are at any time destroyed or damaged as a result of fire, the elements,
accident or other casualty, not caused by the Tenant, rendering the Premises
untenantable and, if in the opinion of the Landlord the Premises cannot be rebuilt
or repaired within sixty (60) days of the damage, the Landlord and the Tenant
may mutually agree to Terminate this agreement and thereupon the Tenant will
pay all applicable rent due and additional fees owing to the Landlord, which rent
and fees will be apportioned and paid to the date of the damage.
18.3 If the Premises are at any time destroyed or damaged as a result of fire, the
elements, accident or other casualty, not caused by the Tenant, rendering the
Premises untenantable and, if the opinion of the Landlord, the Premises can be
rebuilt or repaired within sixty (60) days of the damage, the Landlord shall
commence to repair or rebuild the Premises to the extent only as the Premises
existed prior to the date of this Lease (not including the Tenant's improvements)
and only to the extent of the insurance proceeds actually received by the
Landlord.
19.0 Deliveries
The Landlord has the right to restrict the hours of deliveries to the Tenant at its sole
discretion.
20.0 Disclaimer
The Tenant agrees to provide each patient with a written notice that the Tenant's
services are being provided independent of The Corporation of the City of Pickering and
to obtain a written acknowledgment from the patient/client releasing The Corporation of
the City of Pickering from any claims arising from the Tenant's services.
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21.0 Complex Fitness Room/Cardio Annex and Pool
21.1 The Landlord covenants to allow the Tenant's patients to use the fitness room,
cardio annex, members' changeroom whirlpool, pool and pool area, in the
Pickering Recreation Complex only (collectively, the "Fitness Facilities"),
pursuant to sections 21.2, 21.3, 21.4 and 21.5 below.
21.2 The Tenant covenants that its patients will use the Fitness Facilities only during
their wellness clinic appointments and only under the direct supervision of a
uniformed wellness clinic therapist/healthcare provider. The Tenant
acknowledges and agrees that a group of patients shall be limited to three (3)
and all patients must be in visual contact with the wellness clinic
therapist/heaithcare provider.
21.3 Usage by the Tenant's patients for treatment purposes shall not adversely affect
the Landlord's members' use of any of the Fitness Facilities and as such the
Landlord reserves the right to limit the number of wellness clinic patients using
the Fitness Facilities at any one time.
21.4 Usage by the Tenant's patients of the Fitness Facilities shall be determined and
monitored by the Landlord. Usage by the Tenant shall be restricted by the
Landlord providing to the Tenant access privileges that will be used by the
Tenant each time one of the Tenant's patients/clients uses any of the above -
noted facilities. Usage fees are covered by monthly rent.
22.0 Notice
22.1 The Landlord has the right, notwithstanding section 1 herein, to cancel this Lease
for any reason by giving the Tenant six (6) months written notice of its intention to
cancel. the Landlord shall not be liable for costs or damages of any kind caused
to the Tenant by such cancellation.
22.2 Wherever notice is permitted or required to be given hereunder by either party
hereto, it must be given in writing and is sufficiently given if served personally on
an officer of the party to whom notice is being given, delivered by facsimile to the
telephone number below with confirmation .of receipt or if mailed by registered
mail postage prepaid addressed to the Tenant at:
Pickering Sports Medicine & Wellness Centre
1867 Valley Farm Road
Pickering, ON . LIV 3Y7
Attention: Angela Dye
Fax: 905.839.8806
and to the Landlord at:
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The Corporation of the City of Pickering
Civic Complex ,
One The Esplanade
Pickering, ON L1V 6K7
Attention: City Clerk
Fax: 905.420.9685
or to such other address as either party may designate by notice given from time
to time in accordance with this paragraph.
22.3 Any notice given personally shall be conclusively deemed to have been given
and received on the date of service.
22.4 Any notice mailed as aforesaid shall be conclusively deemed to have been given
and received on the third day following the date on which it is mailed as aforesaid
provided that if there is a disruption or threatened disruption in the postal service
in the postal area through which such notice must be sent, notice must be given
personally or by means of printed electronic or printed telephonic
communications.
23M Default
It is hereby expressly agreed that if and whenever the rent or any additional rent or fees
hereby reserved or any part thereof shall not be paid on the day appointed for payment
thereof, whether Iawfullydemanded or not, or in case of breach or non -observance or
non-performance of any of the covenants, agreements, provisos,conditions or rules and
regulations on the part of the Tenant to be kept, observed or performed after two (2)
business days after written notice of default has been given by the Landlord to the
Tenant, or in case the Premises shall be vacated or remain unoccupied for five (5) days
or in case the Term shall be taken in execution or attachment for any cause whatever,
then and in every such case, it shall be lawful for the Landlord thereafter to enter into
and upon the Premises or any part thereof in the name of the whole and the same to
have again, repossess and enjoy as of its former estate, anything in this Lease
contained to the contrary notwithstanding.
24.0 Bankruptcy
In the event that the Premises shall be used !DI/any person other than the Tenant or for
any other purpose than that for which the same were let without the prior written
consent of the Landlord or in the case the Term or any of the goods and chattels of the
Tenant shall be at any time seized in execution or attachment by any creditor of the
Tenant or the Tenant,shall make any assignment for the benefit of creditors or any bulk
sale or become bankrupt or insolvent or take the benefit of any act now or hereafter in
force for bankrupt or insolvent debtors, or, if the Tenant is a corporation and any order
12
shall be made for the winding -up of the Tenant, or other Termination of the corporate
existence of the Tenant, then in any such case this Lease shall, at the option of the
Landlord, cease and desist and the Term shall immediately become forfeited and void
and the Landlord may re-enter and take possession of the Premises as though the
Tenant or other occupant or occupants of the Premises was or were holding over after
the expiration of the Term without any right whatever.
25.0 Distress
The Tenant waives and renounces the benefit of any present or future statute taking
away or limiting the Landlord's right of distress, and covenants and agrees that
notwithstanding any such statute none of the goods and chattels of the Tenant on the
Premises at any time during the Term or any renewal thereof shall be exempt from levy
by distress for rent in arrears.
26.0 No Waiver
No condoning, excusing or overlooking by the Landlord or the Tenant of any default,
breach or non -observance by the other at any time or times in respect of any covenant,
proviso or condition herein contained shall operate as a waive of the Landlord's or the
Tenant's rights hereunder in respect of any continuing or subsequent default, breach or
non -observance, or so as to defeat or affect in any way the rights of the Landlord or the
Tenant herein in respect of any such continuing or subsequent default or breach and no
waiver shall be inferred from or implied by anything done or omitted by the Landlord or
the Tenant save only express waiver in writing. all rights and remedies of the Landlord
and the Tenant in this Lease contained shall be cumulative and not alternative.
27. Compliance with Laws
27.1 The Tenant covenants to comply, at its own expense, with all present and future
. provisions of Law concerning fhe Premises including, without limiting the
generality of the foregoing all laws, ordinances, requirements, order, directives,
permits, rules and regulations of all governmental authorities.
27.2 The Tenant acknowledges that it has taken all reasonable steps to satisfy itself
that the proposed use of the Premises complies with applicable laws and
regulations. The Tenant shall not hold the Landlord responsible for any losses or
damages incurred by the Tenant should it be determined that the proposed use
is not permitted under the applicable laws and regulations.
28.0 Assignment
This Lease and possession of the Premises shall not be assigned, sublet or otherwise
transferred in whole or in part by the Tenant to any other party without first obtaining
written consent of the Landlord which consent may be unreasonably withheld. .
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29.0. Governing Law
This Lease shall be governed and construed in accordance with the laws of the
Province of Ontario.
30.0 No Registration of Notice
The Tenant covenants that it will not register this Lease or any notice thereof against
the title to the Premises.
31.0 Guarantee
The parties agree that this Lease agreement shall be conditional upon the Landlord
receiving an executed personal guarantee by Angela Dye prepared in the form attached
hereto as Schedule A.
32.0 Entire Agreement
The parties acknowledge that this Lease sets forth the entire agreement between them
with respect to the Premises and that there are no promises, representations or •
undertakings other than as set out herein. Any offer to Lease or agreement to Lease
entered into by the Landlord and Tenant prior to the execution of this Lease shall be
deemed to have been merged and extinguished in this Lease. This Lease shall not be
amended or cancelled except by agreement in writing executed by all parties hereto.
33.0 Inspection
The Landlord or any employee or agent of the Landlord shall have the right during
business hours of the Tenant or at any time during an emergency as determined by the
Landlord, to enter the Premises for any of the following purposes:
(a) to examine the state of maintenance, repair and decoration of the Premises and
. the equipment and fixtures therein; and
(b) to show the Premises to prospective Tenants during the last three (3) months of
the Term.
34.0 Year End Statements
The Tenant shall within sixty (60) days after the end of each year Term of the herein
Lease agreement, provide the City with a financial statement for that previous Term of
the total operating expenses and gross revenue of its business operation.
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35.0 Severability
Should any provision or provisions of this Lease be illegal or not enforceable, it or they
-shall be considered separate and severable from the Lease and its remaining provisions
shall remain in force and be binding upon'the parties hereto as though the said
provision or provisions had never been included.
36.0 Enurement
This Lease shall enure to the benefit of, and be binding upon, the parties hereto and
their respective representatives, successors or assigns except as herein otherwise
expressly provided.
37.0 Guarantee
The Landlord has entered into this Lease in reliance upon the Guarantee attached
hereto as Schedule "A".
In witness whereof the parties have hereunto affixed their respective corporate seals
under the hands of their proper officers duly authorized in that behalf.
Angela Dye Physiotherapy Professional
Corporation carrying on business as Pickering
Sports Medicine & Wellness Centre
per:nr\it,:i.c:,
Name: t\ d
Title: / 4-c c: r C. 7-
have the authority to bind the Corporation
The Corporation of the Ci • f Pickering
per:
Name: David Ryan
Title: Mayor
per: •
Name: Debbie Shields
Title: City Clerk
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Schedule "A"
Guarantee
Landlord: The Corporation of the City of Pickering
Tenant: Pickering Sports Medicine & Wellness Centre
Leased Premises: Pickering Recreation Complex
Lease Dated: as of January 1, 2013
Guarantor: Angela Dye
Address, of Guarantor: 61 Beaufort Road
Toronto, ON M4E 1M8
1. In consideration of the sum of one dollar ($1.00) now paid by the Landlord to the
guarantor and other valuable consideration (the receipt of which is hereby
acknowledged), the guarantor covenants with the Landlord that the Tenant shall
duly perform and observe each and every covenant, proviso, condition and
agreement in the Lease on the part of the Tenant to be performed and observed,
including the payment of rent and all other amounts agreed to be paid or payable
under the Lease on the days and at the times and in the manner therein specified
and that if any default be made by the Tenant, whether in payment of rent or other
amounts from time to time falling due thereunder as and when they become due
and payable or in the performance or observance of any of the covenants,
provisos, conditions or agreements which under the terms of the Lease are to be
performed or observed by the Tenant, the guarantor shall forthwith pay to the
Landlord on demand such rent and other amounts in respect of which such default
shall have occurred and all damages resulting from the non -observance or non-
performance of any such covenants, provisos, conditions or agreements.
2. The guarantor covenants with the Landlord that the guarantor is bound with the
Tenant for the fulfillment of all obligations of the Tenant under the Lease. In the
enforcement of its rights thereunder, the Landlord may proceed against the
guarantor as if the guarantor was named as a Tenant in the Lease.
3. The guarantor hereby waives any right to.require the Landlord. to proceed against
the Tenant or to proceed against or to exhaust any security held from the Tenant
or to pursue any other remedy whatsoever which may be available to the Landlord,
before proceeding against the guarantor.
4. None of the following, or any combination thereof, shall release, discharge or in
any way change or reduce the obligations of the guarantor under this Guarantee:
16
(a) neglect or forbearance of the Landlord in endeavoring to obtain payment of
the rent or the amounts required to be paid under the Lease, as and when
due;
(b)
delay by Landlord in enforcing performance or observance of the covenants,
provisos, conditions or agreements to be performed or observed by the
Tenant under the Lease;
(c) any extension of time given by the Landlord to the Tenant, or any other act or
failureto act of or by the Landlord;
(d) the Landlord permitting or consenting to any assignment or encumbering of
the Lease by the Tenant or any subletting by the Tenant;
(e) the bankruptcy or insolvency of the Tenant;
(f) the dissolution of the Tenant;
(g) the disclaimer of the Lease pursuant to the provisions of any statute.
5. Capitalized terms used but not defined herein shall have the meaning ascribed
thereto in the Lease.
Signed,, Sealed and Delivered
In the presence of:
).
) _
) JJJ 1
) Angela Dy'
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Schedule "B"
Premises Floor Plan
See attached.
6
OPEN TO BELOW
LEASE AREA
SCHEDULE A
PICKERING RECREATION COMPLEX
1867 VALLEY FARM ROAD
PARTIAL SECOND FLOOR PLAN
NOT TO SCALE
NORTH
Schedule "C"
Acknowledgement of Guarantor
I, Angela Dye, hereby acknowledge that my Guarantee of the Lease (Schedule "B" to
the original Lease) remains in full force and effect and that my obligations under the
Guarantee extend to and include the additional obligations of the Tenant imposed by
the Lease Amending Agreement. I further acknowledge that the Lease Amending
Agreement does not release, discharge or in any way change or reduce my obligations
as guarantor under the Guarantee of the Lease, and that I am bound with the Tenant
for the fulfilment of all obligations of the Tenant under the Lease and the Lease
Amending Agreement.
Signed, Sealed and Delivered
In the presence of:
7
Angela Dye