13.RELEASE OF AGREEMENTS AND SECURITIES REQUIRED

PURSUANT TO CITY OF YORK ACT, 1994.

 Solicitor, York Civic Service Centre

(April 3, 1998)

 Purpose:

 The purpose of this report is to obtain Council=s direction concerning the release of agreements and securities required pursuant to the City of York Act, 1994 as a condition to the issuance of demolition permits pursuant to that legislation.

 Funding Sources, Financial Implications and Impact Statement:

 There are no financial implications.

 Recommendations:

 (1)That the Chief Building Official and his/her designates be authorized to execute a release of any agreement made with the owner of lands pursuant to Section 5 of the City of York Act, 1994 when foundation work pursuant to a building permit has been completed on lands to which such agreement relates; and

 (2)When such agreement has been released, the Chief Financial Officer and Treasurer be authorized to release any securities held pursuant to such agreement.

 Council Reference/Background/History:

 By-law No. 3102-95 designates the former City of York as an area of demolition control pursuant to the City of York Act, 1994. The combined effect of that by-law and the Act is to prohibit the demolition of the whole or any part of a building or structure unless the person doing the demolition holds,

 a)a demolition permit issued under Section 33 of the Planning Act;

b)a building permit to construct or erect a new building on the site;

c)a building permit to add to or alter the building or structure to be partly demolished; or

d)a demolition permit issued by Council under the private legislation.

 As a condition of issuing a demolition permit under the private legislation, Council is authorized to require the owner to enter into an agreement with the City relating to beautification@ of the land, and is authorized to require securities to guarantee completion the beautification measures. However, the obligation to beautify the lands only becomes effective on a date specified in the agreement, which may not be earlier than 365 days after the demolition of the building. The intent of this provision is clearly that if the lands are redeveloped in that period, the requirements of the agreement are no longer in effect. The former City of York entered into a number of beautification agreements. Recently, the City received the first request for a release of an agreement and related securities provided pursuant to the Act on the basis that the lands have been redeveloped and the beautification measures are no longer required.

 At the time of the enactment of By-law No. 3102-95, no policies were established specifying under what circumstances beautification agreements and related securities would be released.

 Comments and/or Discussion and/or Justification:

 As the obvious intent of the City of York Act, 1994 is only to require beautification measures up until the time that a new building is constructed on the lands, it is reasonable to release agreements requiring beautification measures and related securities when a new building is being constructed on the lands. The Chief Building Official advises that completion of foundation work pursuant to a building permit is an appropriate point at which to release such agreement and securities.

 Conclusions:

 It is reasonable to authorize the release of a beautification agreement and related securities when redevelopment is proceeding on the lands to which the agreement relates and that development has proceeded to the point of completion of foundation work as confirmed by the Chief Building Official or his or her designate.

 Contact Person:

 George McQ. Bartlett

Solicitor, York Civic Service Centre

(416) 394-2531

(416) 394-2904 (Fax)