Tenant's Attestation Final
TO: Canada Mortgage and Housing Corporation (“CMHC” or the “Landlord”)
RE: Application for CMHC Granville Island Covid-19 Rent Relief Program (the “Program”) in respect of the relevant Leased Premises
The Tenant hereby declares and confirms the following on the express understanding that CMHC is relying on this Attestation in making a determination of eligibility of the Tenant under the Program:
In the table below, please select which category is applicable, and identify which months during the Target Months your financials (actuals or estimates based on past performance and current conditions) align with each category:
Category 1 – Gross Rent Reduction of 100% (for registered non-profit organizations)
Category 2 – Gross Rent Reduction of 75% (for all other tenants)
*Tenants who have less than a 30% annual gross revenue loss for the Target Months (period from April 1st 2020 – March 31st 2021) compared actual gross revenues from April 1st 2019 – March 31st 2020 will not be eligible for the Program and the difference between the Tenant’s Reduced Rent and the Contract Rent for the Target Months will become payable to CMHC by September 30th, 2021.
**Eligibility in accordance with the revenue loss thresholds will be reconciled by CMHC following the end of the Program based on actual annual gross revenues for the Target Months (period from April 1st 2020 – March 31st 2021). In the event of ineligibility, the Tenant will be required to pay the difference between the Tenant’s Reduced Rent and the Contract Rent for the Target Months to CMHC by no later than September 30th, 2021. Where the Tenant is a new business which commenced operations after April 1st, 2019, impacts to annual gross revenues will be evaluated based on average projected annual gross revenues for April 1st 2020 – March 31st 2021, review and acceptance of which will be at the sole and unfettered discretion of CMHC.
Monthly Rent Reduction Category chosen
5. The Tenant agrees to make all commercially reasonable efforts to operate its business and maximize its gross revenue earning potential during the Target Months.
6. The Tenant shall immediately notify CMHC of any business interruption insurance proceeds and/or non-repayable proceeds of federal or provincial government programs targeted at assistance instituted in response to the COVID-19 emergency received or receivable by the Tenant for the Target Months.
7. The Tenant is not the subject of any actual or pending insolvency proceeding and has not made any filing for relief or protection under the Bankruptcy and Insolvency Act (Canada), the Companies’ Creditors Arrangement Act (Canada) or any other bankruptcy or insolvency legislation of any jurisdiction.
8. The Tenant is not and is not controlled by an individual holding federal or provincial political office. The Tenant is not and is not owned by any person that promotes violence, incites hatred, or discriminates on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered; provided that the foregoing statement does not apply, in the case of any Tenant that is a publicly-listed company, to any person that holds publicly listed securities in the Tenant that do not constitute a controlling interest (or to the ultimate parent of that person). No portion of the Leased Premises is used for any activity or undertaking which is criminal in nature.
9. All of the terms and provisions of this Tenant’s Attestation shall survive and remain in full force and effect in accordance with their terms, notwithstanding the performance or termination of the Agreement (including the terms and conditions included therein) or the repayment, satisfaction or discharge of all obligations under the Agreement (including the terms and conditions included therein) and the Program.
10. Any notice required or permitted to be made to the Tenant pursuant to this Tenant’s Attestation or the Program shall be sufficiently given if delivered by electronic transmission at the email address below, by personal delivery or by regular mail to the Tenant at the Leased Premises.
11. The Tenant agrees to participate in monthly gross revenue reporting requirements and post-financial support surveys conducted by CMHC or any of its representatives or agents. The Tenant acknowledges that providing false or misleading information to CMHC on this Tenant’s Attestation or otherwise in connection herewith may result in a determination by CMHC that the Tenant is not eligible to receive financial or other benefits through CMHC and may expose the Tenant to remedies under the Agreement and at law to recover any benefits obtained. In the event that, during the Target Months, this Tenant’s Attestation or anything contained herein should become untrue in any material respect, the Tenant shall disclose the same to CMHC.
In accordance with the Application Terms and Conditions set forth in Schedule “A” below, the Tenant hereby gives its consent to the collection, use, disclosure, retention, handling and processing of its personal information and/or corporate information by CMHC or its third-party service providers with respect to determining its eligibility or receipt of financial assistance or other benefits from CMHC under the Program. The Tenant’s personal information is protected under the provisions of the Privacy Act (Canada) and the Access to Information Act (together the “ATIP Legislation”), and it cannot be used or disclosed to other organizations unless it is done strictly in accordance with the Application Terms and Conditions and in accordance with the ATIP Legislation. The Tenant has also the right under ATIP Legislation to protection of and access to its personal information. For further information, please refer to the Application Terms and Conditions. For questions or comments regarding this consent request or to access, update or correct personal information provided hereunder, the Tenant can use the contact information provided on the Program website.
Legal Name of Tenant’s Business (as indicated on the Tenant’s Lease Agreement):
Name of Authorized Signatory:
October 27, 2020
Address of Leased Premises:
Schedule “A” – Application Terms and Conditions
By submitting an application (“Application”) to Canada Mortgage and Housing Corporation, as lessor, (“CMHC” or the “Landlord”) for financial support under the CMHC Granville Island Rent Relief Program (the “Program”), the Tenant, as lessee, (the “Tenant”) hereby acknowledges and agrees to the following terms and conditions:
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Your legal name
Your email address
If you have questions about the contents of this document, you can email the document owner.
Document Name: Tenant's Attestation Final
Agree & Sign