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Jon Christensen
Guelph Council Record

Committee of the Whole · July 03, 2024 · Item 7.2

Deputy Chief Administrative Officer of Public Services execute the 10-year lease agreement with Guelph Youth Music Centre from August 1, 2024 to July 31…

Main motion under the agenda item Not for Profit Facility Lease Renewals - 2024-306

Carried (13 to 0)

13 in favour, 0 against — unanimous

What was voted on

The motion in its exact words, as recorded in the minutes.

That the Deputy Chief Administrative Officer of Public Services execute the 10-year lease agreement with Guelph Youth Music Centre from August 1, 2024 to July 31, 2034. That the Deputy Chief Administrative Officer of Public Services execute the 20-year lease agreement with Royal City Tennis Club Corporation from July 1, 2024 to June 30, 2044. That the Deputy Chief Administrative Officer of Public Services execute the 10-year lease agreement with Navy League, Guelph Branch, from August 1, 2024 to July 31, 2034.

Moved by Councillor Allt, seconded by Councillor Goller.

How the room voted

In favour (13)

  • Allt
  • Billings
  • Busuttil
  • Caron
  • Caton
  • Chew
  • Downer
  • Gibson
  • Goller
  • Guthrie
  • Klassen
  • O'Rourke
  • Richardson

Who spoke to it

The following delegates spoke: Samantha Zimmerman and Liz Sandals

What council was given

The staff reports and correspondence attached to this item. The summaries are written automatically, so you can tell what a document is without opening a ninety-page PDF.

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What was said

1,423 words from the meeting recording, transcribed automatically. Times are from the start of the recording.

Read the debate(click to open)

1:12:56we have three not-for-profit facility lease renewals.

1:13:02So we have the Guelph Youth Music Center

1:13:05and the Royal City Tennis Club

1:13:09and the Navy League Guelph Branch

1:13:11and we have two delegations

1:13:14on the Guelph Youth Music Center one.

1:13:16So I have Samantha Zimmerman and then Liz Sandals.

1:13:22Or are you coming up together?

1:13:30So you're doing your five minutes together, are you?

1:13:33Okay, and you know that five minutes

1:13:35and then 30 seconds beforehand,

1:13:37there'll be a beep of your warning.

1:13:40Thank you.

1:13:41And you'll be pleased to know

1:13:42that I don't plan to take nearly that long.

1:13:44Okay.

1:13:46So your worship chair, downer, counselors,

1:13:51thank you so much for the opportunity

1:13:53to speak to council

1:13:54on behalf of the Guelph Youth Music Center.

1:13:57I'm speaking to you with my chair of the board

1:14:02of the Guelph Youth Music Center hat on

1:14:04and I'd like to introduce Samantha Zimmerman,

1:14:08who is our executive director of the GYMC.

1:14:12And Dana has provided you with an excellent background note

1:14:18on what's been going on with the GYMC lease.

1:14:22So I'm not going to bore you by repeating that.

1:14:25What I wanted to do was specifically address the issue

1:14:30that is before you, which is the term of the lease.

1:14:34So the old lease that we have come out of during COVID

1:14:39is, was actually a 20 year lease.

1:14:44And in that 20 year lease,

1:14:47which, you know, it started off in clause 2.1,

1:14:52identifying that it was a 20 year lease.

1:14:55And then in clause two sub two,

1:14:57it went on to say,

1:14:59the tenant shall have a right to renew this lease

1:15:04for an additional 10 years

1:15:06on the same terms and conditions as the existing lease.

1:15:10And then in clause 2.3, it went on to say,

1:15:14the lease shall be terminated upon the tenant

1:15:17giving one year written notice.

1:15:21So the,

1:15:24that's how the, that's how the old lease started off.

1:15:27It then went on to become a very odd lease

1:15:31because it turns out that the old lease began

1:15:36before the renovations and rehabilitation

1:15:39of the old building that we're in

1:15:41had actually been completed.

1:15:43So the old lease spends a lot of time talking

1:15:46about the responsibilities of the GYMC

1:15:49to do things like exterior cladding,

1:15:53provide windows, provide a roof,

1:15:58a whole electrical wiring system, plumbing the building.

1:16:02It is not your standard lease.

1:16:04So when the city and GYMC looked down at renewing it

1:16:09for the new lease,

1:16:12we both agreed that the old terms

1:16:15are totally inappropriate.

1:16:17So we've been doing a lot of work to come up

1:16:20with new wording that makes more sense for a,

1:16:24you know, a normal lease.

1:16:25Cause what we used to have was not a normal lease.

1:16:28And I think we're getting down to, you know,

1:16:31the final adjustments to the wording for a new lease.

1:16:36But what has happened in the meantime is I think council

1:16:39has indicated a preference for no more than five year renewals.

1:16:44And we have a clause that says you can renew for 10 years.

1:16:48So quite simply, we are here to ask you

1:16:51to please approve 10 year renewal

1:16:54that we had agreed to 20 or so years ago.

1:16:58So that's what we are here for.

1:17:01If any of you are interested in knowing what we're up to,

1:17:06this is sort of some hot off the press postcards

1:17:09telling you what we do.

1:17:11I'll leave them here if it's okay with councillor Downer.

1:17:15I can get the clerk or somebody to distribute

1:17:18to anyone who is interested,

1:17:20but that gives you a bit of an idea what we do.

1:17:22But Sam and I would be happy to answer

1:17:25any questions you might have.

1:17:27Okay, thank you.

1:17:28Are there any questions of the delegations?

1:17:31Councillor Halt.

1:17:33Thank you very much chair downer.

1:17:34Just a quick question for Ms. Sandals.

1:17:38What I'm getting from what you're saying is

1:17:41that it's new wording, but essentially

1:17:44the substance is the same.

1:17:46You're just having problems with the old wording

1:17:48because it was a fairly convoluted or confusing

1:17:51lease structure, is that correct?

1:17:53I wouldn't even say that the substance is exactly the same

1:17:57because I think it would be fair to say

1:18:00that the city would like to see this read more

1:18:03than like a lease that you have as a standard lease

1:18:07for other properties that you're renting out

1:18:09to nonprofits.

1:18:10So I think the wording will be,

1:18:16it isn't going to look like the old wording,

1:18:19but I think the intent of the wording stays the same.

1:18:23We will continue to operate the building

1:18:26as the Guelph use music center for the sorts of purposes

1:18:30that are covered in this and we'll sort out

1:18:35in the lease who is responsible for what

1:18:37and that's being updated to reflect the current language

1:18:42that you would have for other properties

1:18:47in terms of who's responsible for what.

1:18:49Is it the landlord, that's you or the tenant, that's us.

1:18:52Okay.

1:18:53And if the city staff wants to jump in at some point

1:18:57and correct me, that's fine,

1:18:58but that would be my interpretation.

1:19:01I think I saw Ms. Clark Bush nodding her head.

1:19:04Yes or no?

1:19:05Truth or consequences?

1:19:10Why don't I wait till the,

1:19:13and then the other question, my understanding is,

1:19:16is that you do not wish a five year lease,

1:19:18but if I'm correct, the recommendation in front of us

1:19:20is for a 10 year lease.

1:19:22It is for a 10 year lease, yes.

1:19:24That's why we're here is because we do not want

1:19:27a five year lease, we do want a 10 year lease,

1:19:30very definitely.

1:19:31If for no other reason, aside from the fact that,

1:19:34the old lease says you can renew for 10 years,

1:19:39from a planning point of view as a non-profit

1:19:43and wanting to do some upgrades,

1:19:46it makes much more sense from a business longevity

1:19:50organizational point of view to be able to do that

1:19:53for 10 years.

1:19:55Then seeing that, I'll be happy to move the motion.

1:19:58We're just gonna wait till we have delegations.

1:20:01Are there any other questions of the delegation?

1:20:03Okay, thank you.

1:20:05Thank you very much, Chair.

1:20:08Okay, so Councillor Allt, you wanna put the motions,

1:20:11all three of them on the floor?

1:20:13Okay, seconded by Councillor Goller.

1:20:16Are there any questions of staff?

1:20:18Did you wanna confirm?

1:20:20Shall we ask, you wanna ask a question?

1:20:24And we'll have Deputy CEO,

1:20:26Clark Bush first answer Councillor Allt's question

1:20:30from the delegate.

1:20:31Is that your understanding as well?

1:20:34Through the chair and Ms Evans is coming down,

1:20:35yes, that nothing stated was incorrect,

1:20:37just for clarification.

1:20:39What is before you is a 10 year lease,

1:20:41that does not need to be stated.

1:20:43It is before you because we only have delegated authority

1:20:45to do five years, and so it is before you,

1:20:49so notwithstanding the delegation,

1:20:52it is before you recommended by staff to be a 10 year lease

1:20:54for the Guelph Youth Music Centre.

1:20:55Great, thank you.

1:20:57Okay, Mirka, through you, you had a question?

1:20:58Yeah, thank you, and through you, Chair.

1:21:00Can I just ask through you to Deputy CEO,

1:21:03Clark Bush, that does this mean that the delegated authority

1:21:07is still in place and that this is just a one off,

1:21:11or applying to 10 year renewal of this,

1:21:14you would still have to come back again to council?

1:21:17Through the chair, we have delegated authority

1:21:19for five years for all lease renewals,

1:21:21and that is remaining the same.

1:21:22And so we are before you today with three lease renewals,

1:21:26two that are at 10 years, one that is at 20,

1:21:30which is a bit of a difference

1:21:31because they're not for profit organization,

1:21:33they're not for asset market rent.

1:21:34And so the delegated authority is remaining the same,

1:21:38which is the five year.

1:21:40We bundled all three of these together

1:21:42because they're the only ones that we knew were coming up.

1:21:45And so hopefully we're one and done for this year,

1:21:48and this is the only time that you will see us,

1:21:50but we have left the,

1:21:52we have not brought forward a recommended change

1:21:54to the delegated authority at this time.

1:21:57Okay, and you answered the next part of my question,

1:21:59so thank you very much.

1:22:01Great.

1:22:02Are there any other questions?

1:22:04Any comments?

1:22:05Great, thank you.

1:22:06So I'll go to the vote.

1:22:09Is there anyone opposed to the motions?

1:22:13That passes.

1:22:14Thank you.

1:22:17So we're gonna go on to 7.3,

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