WORKSITE LEASE AGREEMENT and

PERMANENT EASEMENT AGREEMENT

OWNER: YMCA OF GREATER TORONTO

567 SHEPPARD AVENUE EAST

SHEPPARD AVENUE SUBWAY - BAYVIEW STATION

 Purpose:

 To authorize the execution of an Agreement of Purchase and Sale; a Worksite Lease Agreement and a Permanent Easement Agreement required for the construction of the Sheppard Subway.

 Funding Source, Financial Implications and Impact Statement:

 Financing has been previously approved by Council and is available in Capital Account No. TC-392.

 Recommendations:

 It is recommended that:

 (1)authority be granted to enter into an Agreement of Purchase and Sale, Worksite Lease Agreement and Permanent Easement Agreement with YMCA of Greater Toronto ("YMCA") on the terms and conditions herein; and

 (2)the appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.

 Council Reference/background/History:

 By the approval of Clause No. 2 of Report No. 9 of the Management Committee (as amended) on March 8 and 9, 1994 and subject to further report regarding funding, Metropolitan Council approved construction of the Sheppard Subway to Don Mills Road. By the approval of Clause No. 2 of Report No. 14 of the Management Committee (as amended) on April 20, 1994, Metropolitan Council authorized the debenture funding to commence the project. Finally Metropolitan Council, by its adoption of Clause No. 2 of Report No. 21 of the Financial Priorities Committee on September 25 and 26, 1996, as amended, approved the completion of the Sheppard Subway Project.

 Comments and/or Discussion and/or Justification:

 As part of the construction of the Sheppard Subway, various property interests are required from the YMCA property at 567 Sheppard Avenue East to facilitate the construction of the Bayview Subway Station. The interests are required for the following purposes:

 1.The fee simple interest for the construction of a subway entrance building and two subway vent structures;

 2.A sub-surface fee interest for the proposed Bayview Station box structure;

 3.A permanent easement for the relocation of Bell Canada and Consumers Gas utilities; and

 4.A worksite lease for a construction staging area. The lease is required for a three year period, commencing on February 1, 1998 with the right to renew for four (4) successive periods of three (3) months each.

 The property interests are located across the subject property's entire Sheppard Avenue East frontage and parking area and are illustrated on the sketch attached.

 A copy of the draft survey plan, prepared by J.D. Barnes Limited (No. 94-21-413-40E) is on file with the City Clerk.

 Negotiations have been conducted with the owner and an agreement has been reached as to compensation. The particulars of the property and the property requirements are summarized as follows:

 Owner:YMCA of Greater Toronto

 Location:The subject property is located on the south side of Sheppard Avenue East just east of Bayview Avenue and known municipally as 567 Sheppard Avenue East.

 Legal Description:Part of Lots 6 and 9, Registered Plan No. 3439 in the City of Toronto (formerly the City of North York).

 Property Description:The subject property is an irregular shaped parcel of approximately 3.32 acres improved with a YMCA facility of approximately 52,184 square feet with both surface and underground parking facilities.

 Area of Requirements:The fee simple interest covers an area of 5,802 square feet and is shown as Parts 5, 7 and 9 on the attached sketch.

 The sub-surface fee interest covers an area of 936 square feet and is shown as Parts 6 and 8 on the attached sketch.

 The permanent easement covers an area of 5,533 square feet and is shown as Part 3 on the sketch.

 The worksite lease covers an area of 25,296 square feet and is shown as Parts 3, 4, 10 and 11 on the sketch.

 Compensation:1. Fee Simple Interest$56,000.00

 2. Sub-surface Fee Interest$ 1,360.00

 3. Permanent Easement$26,700.00

 4. Worksite Lease$2,169.00 for the full three (3) year period and $723.00 for each three (3) month renewal period.

 5. Reasonable legal fees and other costs.

Conclusions:

 In my opinion, the terms and conditions of the various property interests are fair and reasonable.

 Contact Name and telephone Number:

 Mr. D. F. Warning (392-8165)

Acting Director of Real Estate

 Commissioner of Corporate Services