Tell City Council To VOTE NO

on October 5th

Moving Forward after the October 5, 2016 “YES” Vote to Assign the Lease from Tuggs to Cara

Thank you to the Beaches Community for your overwhelming support over the last few weeks to send a strong message to City Hall.

We are disappointed with the decision of City Council to grant the consent and assign the lease at the Beaches Restaurant from Tuggs to Cara.   Once again the deal was done in camera and behind the scenes. And once again the interests of the tenant were put ahead of our community.

 

Free the Beaches will meet next week to review the decision. Although we lost an historic opportunity we established a strong grass root base and we have a community that very much wants new options and direction to focus its energy.  We still have lots of energy and direction to move.  Thank you again to all the residents who wrote city councillors and the mayor.  More to come.

 

Six years ago the City of Toronto signed away our Beach restaurants, food concessions and parkland.

The city cut an untendered deal with Tuggs Inc., (Tuggs) giving it exclusive rights to the sale of all food, drink and merchandise along the waterfront and in all four parks.

Plus, the rights to any sponsored events in Kew Gardens, Woodbine Beach Park, Ashbridges Bay and Beaches Park. Beachers, and indeed Torontonians were outraged then; we still are now.

Many groups have not been able to come to terms with the tenant to use our parklands, such as a Farmers’ Market, the Beaches Jazz Festival, a Christmas Market, and many other community initiatives. The exclusive lease has been an enormous loss for our community and all of Toronto.

But for the first time an historic opportunity has presented itself. Tuggs has asked city council to provide consent to sublease the restaurant to Cara Operations Limited – the largest restaurant franchise in Canada.

A NO VOTE could mean a lot of things.

It could possibly prove an historic opportunity to renegotiate and revisit the lease.

If the tenant is unhappy with a NO VOTE it could possibly sue the city on the grounds that the withholding of consent is arbitrary and unreasonable.

The politicians stated that the sole source contract was to keep out franchises. Voting YES further shatters public faith.

There is a LIEN against the tenant for unpaid taxes.

writ2

 

  • The tenant has a WRIT OF EXECUTION FILED AGAINST IT for unpaid Ontario taxes. The city MUST VOTE NO.
  • The tenant did not get the required consent for making alterations. This violates the lease. The city can VOTE NO
  • That the tenant did not obtain prior written consent as required by the lease. The city can VOTE NO.
  • That it is not unreasonable as the lease was specifically sole sourced to this tenant. The city can VOTE NO.
What is this document?

This legal document is called a “WRIT OF EXECUTION”. It means that TUGGS has been sued by the Ontario Ministry of Revenue for unpaid taxes. It means everything that it is part of the lease – the parklands, the parking spaces, the restaurants, the concession stands –  can be “seized” by the sheriff’s office.  It means the lease is violated. It means that City Council cannot agree to  switch the lease over to Cara. City Council cannot be complicit in helping TUGGS not pay its taxes by switching the lease.  City Council cannot approve a request from its tenant TUGGS while TUGGS is in default of its lease. The lease says you have to pay your taxes. All tenants have to pay their taxes.

The tenant may decide not to stay. This means that a full public tender could really happen with full community engagement. Or that the city could begin a conversation to remove the PARKLANDS from the lease and work out some other compromise and settle with the tenant.

Imagine if community groups, farmers’ markets, charitable events, music festivals felt they could use our public parklands again without hindrance.

 

Thank you for your support. More than 1,200 people submitted this form to 44 councillors, which is over 53,900 emails sent to City Hall.

City Council Votes on Wed. October 5. Tell them to VOTE NO


Send an email to 44 City Councilors and Mayor John Tory

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(you can use this message, revise it, or write your own - see below)


 

Things to Tell City Council

Following is suggested content for City Hall.

Cut and paste any of the following, or create your own message.

  • The tenant did not obtain prior written consent as required by the lease
  • It is not unreasonable as the lease was specifically sole sourced to this tenant
  • Our politicians stated that the sole source contract was to keep out franchises. Voting YES further shatters public faith and public integrity. No more secret deals at City Hall.
  • Councillor McMahon promised that going forward all would be transparent and there would be no back room deals on her watch.
  • Mayor Tory promised business at city hall would be done openly.
  • Make the assignment public. Who benefits from the assignment? These are public assets.
  • Voting YES sends the worse message to all city tenants; they can breach a lease and be rewarded for it. It sets the worst possible precedent.
  • Cara Foods – the largest restaurant franchise in Canada – will now control our prime public spaces with no negotiation of terms with the city. It is a rip-off for the taxpayers and the city.
  • It is not arbitrary or unreasonable for the City to VOTE NO.
  • The City has an obligation to keep the public promises it made; to enforce the provision of the lease. If the tenant is unable to keep its promises and contracts let the tenant be released and put this prime space out for public tender with full transparency. Let entrepreneurs bring their vision and creativity to the Beach and let the public reclaim their space and bring back our festivals and community and charitable events that we can be fully engaged in our city spaces – not expelled as the case is now.
More You Can Do

MORE YOU CAN DO – IMAGINE
An open transparent process. Accountability to residents and taxpayers.

Sign the petition

Write a letter to council that will be added to the Oct. 5 agenda. clerk@toronto.ca

Address your email to clerk@toronto.ca
Subject line: Item 2016.GM14.10, Request for City Consent – Assignment and Sub-Lease by Tuggs Incorporated to Cara Operations Limited of 1681 Lake Shore Boulevard East.
Send it BEFORE Sept. 28 as all agenda items must be submitted one week before the council meeting which is October 5th.
Tell Councillors:
1. No more secret deals at City Hall.
2. Voting “yes” shatters public faith. We were promised no large franchises.
3. Councillor McMahon promised that going forward all would be transparent and there would be no back room deals on her watch.
4. Mayor Tory promised business at city hall would be done openly.
5. Make the assignment public. Who benefits from the assignment? These are public assets.
6. Voting YES sends the worse message to all city tenants; they can breach a lease and be rewarded for it. It sets the worst possible precedent.
7. Cara Foods – the largest restaurant franchise in Canada – will now control our prime public spaces with no negotiation of terms with the city. It is a rip-off for the taxpayers and the city.
8. It is not arbitrary or unreasonable for the City to VOTE NO. The City has an obligation to keep the public promises it made; to enforce the provision of the lease. If the tenant is unable to keep its promises and contracts let the tenant be released and put this prime space out for public tender with full transparency. Let entrepreneurs bring their vision and creativity to the Beach and let the public reclaim their space and bring back our festivals and community and charitable events that we can be fully engaged in our city spaces – not expelled as the case is now.

That is what a NO VOTE could mean. But city council will not VOTE NO unless you tell them.

In The News

‘Free the Beach’ vows to keep the pressure on council

by  Anna Killen – The residents’ group which formed to oppose the reassignment of Tuggs Inc.’s lease to Cara Operations Limited – and capitalize on the 2007 Tuggs lease being thrust into the spotlight – says it plans to continue to put pressure on elected...

Sick of secret deals

by Martin Gladstone – On October 5, 2016 Toronto City Council voted ‘Yes’ (21 Yes, 14 No, and 9 Absent) to assign the sole-sourced former Boardwalk Café from the current tenant Tuggs Incorporated (Tuggs) to Cara Operations Limited (Cara), the largest restaurant...

Group pressures council to ‘vote no’ to Tuggs deal

Lara O’Keefe and Anna Killen – A group of Beach residents who want the city to take action against Tuggs Inc., the leaseholder who holds exclusive food and beverage rights to the Lakeshore eatery complex at Woodbine Park as well as other Beach park...

Foulidis blames financial struggles for Cara deal

Owner of boardwalk restaurant property claims large debts in divorce documents. By DAVID RIDER City Hall Bureau Chief – Foulidis blames financial struggles for Cara deal – Fri., Sept. 30, 2016  The owner of Tuggs Inc. wants the city to reassign part of his...

Group aims to block Beaches lease transfer

BY KEVIN CONNOR, TORONTO SUN – A group in the Beaches has started a petition to stop restaurateur George Foulidis from subleasing a prime waterfront location to a food-chain giant. Tuggs Inc. requires city council approval to assign the lease to the large food...

Beach restaurant lease back up for debate at City Hall

TORONTO – Sue-Ann Levy – A city committee will be asked Tuesday to approve transferring a controversial restaurant lease with Tuggs Inc. on a prime stretch of the eastern waterfront to catering giant Cara Foods. And despite the terms of the original city...

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