May 4, 1998

 To:Corporate Services Committee

 From:Commissioner of Corporate Services

 Subject:Licence Agreement - Parking Use

Encroachment on Road Allowance in Front and East Side of

3140-3150 Dufferin Street (Ward No. 8 - North York Spadina)

  Purpose:

 For authority to enter into a licence agreement for encroachment use of road allowance for parking purposes, as per attached location map.

Funding Sources, Financial Implications and Impact Statement:

 The licence will generate a total income of $10,500.00 for the whole term of five (5) years.

 Recommendations:

 It is recommended that: (1)authority be granted to enter into a licence agreement with John Farquhar McLennan, the owner of the property of 3140-3150 Dufferin Street, North York, and J.K. McLennan Developments Limited, to encroach for parking purposes on land which is to be gratuitously conveyed to the City of Toronto as road allowance for future widening of Dufferin Street, based on the terms and conditions set out in this report and in a form acceptable to the City Solicitor; and

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

Council Reference/Background/History:

 J.K. McLennan Developments Limited has applied for site plan approval to permit the existing retail uses within the building currently on site of 3140-3150 Dufferin Street, in the former North York. This application is subject to site plan control that allows the City of Toronto to request a gratuitous conveyance of a strip of land along the Dufferin Street frontage of the property for future road widening. The strip of land is approximately 111.9 square metres (1,204.52 square feet) in area.

Comments and/or Discussion and/or Justification:

 As the subject area has been used for customer parking purposes by the property of 3140-3150 Dufferin Street, the Works and Emergency Services, Transportation Services Division has agreed to allow encroachment use for such purposes, subject to payment of a market rent. Negotiation has been conducted with Mark Altin of Mark E. Atlin, Barrister & Solicitor at 845 St. Clair Avenue West, 4th floor, Toronto, Ontario M6C 1C3, the Solicitor acting on behalf of J.K. McLennan Developments Limited, and agreement has been reached to enter into a licence agreement with John Farquhar McLennan, owner of the property of 3140-3150 Dufferin Street and J.K. Mclennan Developments Limited, subject to the following terms and conditions:

 1.Location: Road allowance on the west side of Dufferin Street along the east frontage of 3140-3150 Dufferin Street, North York.

 2.Licensed Area: Approximately 111.9 square metres (1,204.52 square feet).

 3.Term: Five (5) years, the date of commencement to be determined after transfer of the licensed area to the City of Toronto.

 4.Licence Fee: $2,100.00 per annum, net, payable annually in advance, plus all applicable taxes and assessments of every kind whatsoever of any amounts in lieu thereof and any cost related to the licensed area.

 5.Damage Deposit:

 (i) The Licensee agrees to pay a damage deposit of $5,000.00, either by certified cheque or letter of credit from a major bank with no interest payable to the Licensee on the deposit; and (ii)To be returned to the Licensee without interest at the expiry of the Term or any renewal or extension thereof provided that the licensed area is left in a condition satisfactory to the Commissioner of Works and Emergency Services, Transportation Services Division, failing which the deposit shall be used for the purpose of such clean up and repair to any damage.

 6.Termination:

 Either party shall have the right to terminate the licence at any time upon giving at least six (6) months= prior written notice to the other.

 7.The Licensee shall use the licensed area for car parking use and not for any other purposes.

 8.The Licensee shall not assign or sublet without the prior written consent of the Commissioner of Works and Emergency Services, Transportation Services Division.

 9.The Licensee shall, at its own expense, install the Aauthorized parking@ or Astaff parking@ signs at the reserved parking spaces as specified by and to the unfettered satisfaction of the Commissioner of Works and Emergency Services, Transportation Services Division.

 10.The Licensee shall pay all charges (including penalties) for utilities supplied to the licensed area directly to the supplier thereof.

 11.The Licensee shall, at its own expense and in the name of the Licensee and the City of Toronto, maintain in force insurance coverage with respect to the licensed area and its use and occupation and shall provide the City of Toronto with certificate(s) of policy of an insurance company for:

 (i)inclusive coverage for legal liability for bodily injury, death, property damage in the amount of not less than $3,000,000.00 per occurrence; and

 (ii)insurance against loss by such insurable hazards.

 Every policy of insurance shall provide cross-liability coverage together with a waiver of subrogation in favour of the City of Toronto. 12.(i)The Licensee shall, at all times, indemnify and save harmless the City of Toronto from and against any and all manner of claims, demands, losses, costs, charges, actions and other proceedings whatsoever, including those under or in connection with the Workers= Compensation Act, made or brought against, suffered by or imposed on the City of Toronto or its property in respect of any loss, damage or injury to any person or property (including, without restriction, employees, agents and property of the Licensee or of the City of Toronto) directly or indirectly arising out of, resulting from or sustained as a result of the Licensee=s occupation or use of, or any operation in connection with the licensed area or any fixtures or chattels thereon; and

 (ii)The Licensee shall, at all times, indemnify and save harmless the City of Toronto from and against any and all claims, demands, losses, costs, charges, actions and other proceedings whatsoever under the Construction Lien Act in connection with any work done for the Licensee at or on the licensed area and shall promptly see to the removal from the registered title to the licensed area of every claim for lien and certificate of action having to do with such work.

 13.The Licensee shall, at its own expense, be responsible for compliance with all Municipal, Provincial and Federal laws, including, without limitation, the Environmental Protection Act and other environmental legislations, permits, rules and regulations and shall obtain all the necessary permits and licences that may be required for the use of the licensed area and shall save the City of Toronto harmless from any Licensee=s failure to so comply.

 14.The Licensee shall accept the licensed area in its existing condition and shall be responsible, at its own expense, for all repairs and maintenance.

 15.The Licensee shall, at its own expense, ensure that no ashes, refuse, garbages or other loose objectionable materials will accumulate on the licensed area and to keep the licensed area clean and tidy.

 16.The Licensee shall not make addition and alteration to the licensed area including surfacing, grading or landscaping to the licensed area without the prior written consent of the Commissioner of Works and Emergency Services, Transportation Services Division.

 17.The Licensee shall not install, erect or remove any fence(s), sign(s), structure(s) and fixture(s) on the licensed area without the prior written consent of the Commissioner of Works and Emergency Services, Transportation Services Division.

 18.No storage or use of hazardous materials or environmentally sensitive materials will be permitted.

 19.The Licensee shall, at its own expense, cut the grass on and surrounding the licensed area to the satisfaction of the Commissioner of Works and Emergency Services, Transportation Services Division.

 20.The Licensee shall, at its own expense, keep the licensed area and sidewalks in and around the licensed area free and clear of obstructions and in the case of sidewalks, to keep them free and clear at all times of snow and ice. 21.The Licensee shall protect all services of public works and/or utilities easement(s) that may encumber the licensed area and shall be liable for any damage to such by its action(s) or omission(s).

 22.The Licensee shall not install any equipment or carry on any operation on the licensed area in such a way as to increase the insurance risk.

 23.The Licensee shall ensure that nothing is done or kept at or on the licensed area which is or may be a nuisance, or which will cause disturbance or interfere with the users or occupants of any neighbouring property, or which in the opinion of the Commissioner of Works and Emergency Services, Transportation Services Division may cause damage to the licensed area or any neighbouring property.

 24.(i)The City of Toronto and any of its employees, agents and contractors shall have the right, on at least twenty-four (24) hours= advance notice to the Licensee, or in the case of emergency or pressing urgency without advance notice, provided that the Licensee is notified thereof as soon as may be convenient thereafter, to enter on the licensed area for the purpose of maintenance, repair or construction with or without all the necessary gear and equipment as the Commissioner of Works and Emergency Services, Transportation Services Division deems necessary, and the Licensee hereby authorizes such entry and acknowledges that the Commissioner of Works and Emergency Services, Transportation Services Division shall be the sole judge of any emergency or pressing urgency as aforesaid; and

 (ii)The Licensee shall ensure that once any notice of entry is given to the Licensee, the licensed area is cleared of all persons and vehicles during the performance of the work therein referred to, other than as authorized by the Commissioner of Works and Emergency Services, Transportation Services Division.

 25.At the termination of the licence, the Licensee shall, at its own expense, remove any fixtures and chattels belonging to the Licensee, including equipment(s), fixture(s), attachment(s), apparatus(s), appliance(s), structure(s) and debris, and repair all damages caused by such removal and by its use and occupation of the licensed area expeditiously, and to the satisfaction of the Commissioner of Works and Emergency Services, Transportation Services Division.

 26.Upon acceptance of this proposal, the Licensee shall provide the City of Toronto proof of its proper legal name. If the Licensee is a corporation, such proof shall include a copy of the corporation=s Articles of Incorporation and/or Articles of Amendment, if any.

 27.Notwithstanding any clause contained or not contained in the proposal, the Licence Agreement shall be in a form and content acceptable to the City Solicitor. 28.The proposal shall be subject to the approval of the City of Toronto Council as well as such approval as may be required under the City of Toronto Act, 1997, and the concurrence of the Toronto Works and Emergency Services, Transportation Services Division, if required.

 Conclusions:

 In my opinion, the above terms and conditions are fair and reasonable and they are acceptable to the Works and Emergency Services, Transportation Services Division.

 Contact Name:

 Mr. Tony Pittiglio, Manager of Property Services; Telephone No.: (416)392-8155; Fax No.: (416)392-4828; E-mail address: anthony_pittiglio@metrodesk.metrotor.on.ca

   Margaret Rodrigues

Commissioner of Corporate Services

 KK/wvm