Tenant's Attestation Final


TENANT’S ATTESTATION

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:

  1. The Tenant leases the Leased Premises from CMHC, as Landlord, pursuant to a Lease Agreement. The current term of the Lease is effective as of  , and the Tenant is committed to the Lease and its duration.
  2. The Tenant is aware of its gross monthly rent amounts for a portion or all of the period from April 1st 2020 to March 31st 2021 (the “Target Months”), calculated in accordance with the Program requirements, are fully and accurately set forth in the Rent Reduction Agreement entered into by the Tenant.
  3. The gross monthly rent amounts for the Target Months, calculated in accordance with the Program requirements, are fully and accurately set forth in the rent reduction agreement. The Tenant’s Reduced Rent Reduced rent will be due on the 1st day of each month through post-dated cheques which must be provided to CMHC within 10 business days of being enrolled in the Program.
  4. Rent Reduction Amount Criteria: To the best of its knowledge, based on available information, the Tenant is experiencing and/or has experienced financial hardship evidenced by a decline in the gross monthly revenues of the Tenant (at the entity level) of the below, and anticipates such impacts to continue during the Target Months:

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)

Eligibility criteria:

    1. Must hold a current Lease with CMHC as Landlord, and be a registered Non-Profit organization (must be registered as of March 31st 2020 or earlier) whereby no other for-profit business is conducted by the Tenant at the Leased Premises; and
    2. Must have experienced between 30%-100% loss in annual gross revenues for the period of April 1st 2020 – March 31st 2021 compared to pre-COVID-19 emergency gross revenues for the period from April 1st 2019 – March 31st 2020*. Eligibility will initially be determined based on actual and projected future monthly gross revenues submitted at the time of the Application.**

Category 2 – Gross Rent Reduction of 75% (for all other tenants)

Eligibility criteria:

    1. Must hold a current Lease Agreement with CMHC as Landlord; and
    2. Must have experienced between 30%-100% loss in annual gross revenues for the period of April 1st 2020 – March 31st 2021 compared to pre-COVID-19 emergency gross revenues for the period from April 1st 2019 – March 31st 2020*. Eligibility will initially be determined based on actual and projected future monthly gross revenues submitted at the time of the Application.**

*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:

 

Date: 

October 27, 2020

Address of Leased Premises:

 

 

Email:  

Phone:   

 

 

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:

  1. Collection of Corporate Information and Personal Information (collectively, the “Information”). The Landlord (and parties working on its behalf or collaborating with the Landlord to administer the Program, where applicable) may collect information about the Tenant including information about any business legal entity (“Corporate Information”) and “Personal Information” (meaning any information about an identifiable individual, which may also include the Personal Information of the Tenant or sub-tenants, that is recorded in any form), from or through the Application. In addition, the Landlord may collect Corporate Information that is presently in its possession arising out of, or in connection with, the Tenant’s prior or existing relationship(s) with the Landlord. If any of the collected Information changes or becomes inaccurate, the Tenant must promptly notify Landlord in writing of the change. The Tenant agrees to participate in surveys conducted by the Landlord or any of its representatives and agents.

  2. Use and Disclosure of Information.
  3. a) The Tenant agrees that the Information collected in connection with an Application may be used or disclosed for the following purposes:
  • to assess the Tenant’s eligibility under the Program;
  • to assess the Application, including for prioritization of applications received;
  • for any purpose related to the provision, servicing, administration, assignment, financing and enforcement of any applicable loan to be advanced under the Program;
  • for Information verification and due diligence purposes, including to detect and protect CMHC from errors and fraud;
  • for analytics, policy analysis, data analysis, auditing and research by CMHC and its representatives;
  • for evaluation and efficient administration of the Program; and
  • for use by CMHC for any purpose related to the National Housing Act (Canada).
  1. b) Upon submission of the Application, the Landlord and parties working on its behalf or collaborating with the Landlord, where applicable, are authorized to collect, process and store the Information and disclose it, on a need to know basis, for the purposes outlined in subsection 2(a) above, to:
  • employees of CMHC and the employees of any applicable parties in the administration of the Program; and/or
  • the office of the Minister responsible for CMHC.
  1. Proprietary and/or Confidential Information. All Information regarding the terms and conditions and financial and/or technical aspects of the proposal by the Tenant that are proprietary or confidential in nature have been and will be marked “PROPRIETARY” or “CONFIDENTIAL” when submitted to the Landlord. Proprietary and confidential markings shall be included beside each item or at the top of each page containing Information that the Tenant wishes to protect from disclosure. The Landlord will make all reasonable efforts to protect the documents of the Tenant and Information so marked from disclosure. Notwithstanding the foregoing, (i) the Landlord shall have no liability of any kind to the Tenant or any other party, based on inadvertent or unintentional disclosure of proprietary or confidential Information; and (ii) the Landlord is authorized to disclose proprietary or confidential Information, on a need to know basis, to the parties listed in subsection 2(b). The Tenant has been advised that as a Crown corporation, CMHC is subject to federal legislation including the Access to Information Act and the Privacy Act. In certain specific circumstances, Information submitted to the Landlord by the Tenant may be required to be disclosed pursuant to federal legislation. In such cases, to the extent reasonably possible and permitted under the law, the Landlord will make efforts to advise The Tenant of the required disclosure prior to releasing the Information.

  2. Contact. The Landlord and parties working on its behalf are each authorized to contact any person listed in the Application to consider any Tenant’s eligibility for the financial support requested or in connection with the administration of the Program and may send such person(s) information by email or other means of communication.

  3. Verification and Credit Inquiries. Where applicable to determine creditworthiness for financial support in the form of payment plan or any other form of rent relief, the Tenant authorizes the Landlord to: (i) obtain business credit reports or individual credit reports or both, where applicable (for example, on sole proprietors, surety/guarantors, for-profit corporate entities, not-for-profit organizations) to perform a credit check and verify information provided by or on behalf of the Tenant and to assess the Tenant’s application; and (ii) make any other inquiries required, including without limitation, obtaining corporate and business information, to assess the Tenant’s application.

  4. Integrity Checks. The Tenant authorizes the Landlord to conduct general integrity and criminal record checks and other similar screening (“Integrity Screening”) of the Tenant to assess the Tenant’s eligibility for receipt of financial support under the Program. The Landlord may additionally require Integrity Screening to be performed on any parties affiliated with the Tenant, including without limitation, its directors, shareholders and beneficial owners shall cause to be delivered to the Landlord consents to such Integrity Screening being performed duly signed by such affiliated parties, if requested by the Landlord.

  5. Acknowledgement. The Tenant acknowledges that: (i) any acknowledgement of receipt of the submitted Application shall not constitute an approval of the application or a guarantee that the Tenant will receive any financial support; (ii) the Application and any other submitted materials will not be returned to the Tenant; and (iii) the Tenant is not entitled to any compensation for any work related to, or materials supplied in connection with, the Application.

  6. Release. By creating or attempting to create an Application to the Landlord under the Program, and upon submission of an Application, the Tenant applying or purporting to apply for the Program releases and forever discharges the Landlord from any and all actions, causes of action, allegations, suits, debts, costs, claims and demands of whatsoever kind or nature arising out of, or in connection with, the Tenant’s Application or attempted application made in connection with the Program, including the assessment, evaluation and any selection process and any use of this website. The Landlord is not responsible for applications that are lost, late, misdirected or delayed for any reason, including for any failure of the website or technical malfunctions related thereto.

  7. Access to Information and Privacy Statement. Where Personal Information is collected, the collection, use and disclosure of Personal Information shall be in accordance with the federal Privacy Act. The Privacy Act provides individuals with a right to access their Personal Information that is under the control of CMHC, to request corrections of their Personal Information and to file a complaint to the Privacy Commissioner of Canada regarding CMHC’s handling of Personal Information. Please direct any questions, comments, concerns, requests for Personal Information or complaints to CMHC’s Access to Information and Privacy Office at (613) 748-2501 or visit our website at https://www.cmhc-schl.gc.ca/en/about-cmhc/corporate-reporting/transparency/access-to-information-and-privacy-protection.

  8. Headings for Convenience Only. The headings used in these terms and conditions are intended for convenience or reference only and do not affect the interpretation of the provisions of these terms and conditions.

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Granville Island Administration https://admin.granvilleisland.com
Signature Certificate
Document name: Tenant's Attestation Final
lock iconUnique Document ID: 57ad8816409c644a70ae7cf092648e048d215134
Timestamp Audit
September 9, 2020 1:49 pm PDTTenant's Attestation Final Uploaded by CMHC Granville Island - [email protected] IP 24.80.115.232
September 15, 2020 10:45 am PDTCovid Rent Relief - [email protected] added by CMHC Granville Island - [email protected] as a CC'd Recipient Ip: 24.80.115.232