Proposed Licence Agreement - Prince Edward

Viaduct Parkette (Ward 23 - Midtown)

The Corporate Services Committee recommends the adoption of the report (May 12, 1998) from the Commissioner Economic Development, Culture and Tourism.

The Corporate Services Committee reports, for the information of Council, having forwarded a copy of the aforementioned report to the Toronto Community Council for comment thereon to the meeting of Council scheduled to be held on June 3, 1998.

The Corporate Services Committee submits the following report (May 12, 1998) from the Commissioner Economic Development, Culture and Tourism.

Purpose:

To secure Council authorization for the City to enter into a Licence Agreement with the Owner of 16 Castle Frank Crescent

Recommendations:

It is recommended that:

(1)City Council authorize the City to enter into a Licence Agreement between the City and the Owner of 16 Castle Frank Crescent, pertaining to the use by the Owner of approximately 48.15 metres squared of Prince Edward Viaduct Parkette as shown on the attached sketch; and

(2)the appropriate Civic officials be authorized to take the necessary action to give effect to the foregoing recommendation.

Comments:

The Owner of 16 Castle Frank Crescent is requesting permission to construct a fence around part of the park and enclose same for its own use. The arrangement is to be terminable at any time on 30 days notice.

Staff have reviewed the proposal and have determined that it will not impact negatively on City-owned trees and parkland and that this particular piece of parkland has very low to no public use at present. In addition, the proposed licence agreement would align the property lines and reduce the maintenance costs for some of the park.

Terms and Conditions:

(1)The term of the licence shall be from year-to-year for the sum of $1.00 per year payable prior to the date of commencement of each year of the term.

(2)The Owner shall covenant with the city as follows:

(a)The Owner will bear all costs associated with the maintenance of the parkland as well as any costs incurred by the City and/or any public utility company or system as a result of the presence of the Licence.

(b)The Owner will pay all property taxes assessed against or in respect of the subject lands during the term of the licence.

(c)The Owner will indemnify the City from and against all actions, suits, claims and demands which may be brought or made upon the City as a result of the Licence.

(d)The Owner shall not assign or sublet this licence without prior written consent of the City, which consent may be arbitrarily or unreasonably withheld.

(e)To use the subject lands for private open green space, including constructing, at the Owner=s expense, a fence, in conjunction with the property known municipally as 16 Castle Frank Crescent, and that in so using the land the Owner will fully comply with all lawful rules, regulation and by-laws of every municipal or other authority which in any manner affects the said lands. The Owner shall be responsible for providing a certificate of liability insurance in the amount of $1million in coverage and be responsible for maintenance of parkland during the term of the licence.

(f)That upon the expiration or sooner termination of the Licence, the Owners will, at their expense, remove the fence and restore the land to the condition it was in when the licence was entered into to the satisfaction of the Commissioner of Economic Development, Culture and Tourism.

(g)The Owner is not to put up or exhibit or permit to be put up or permit to be exhibited upon the subject lands any sign, notice, notice board, painting, design or advertisement without the prior consent in writing of the Commissioner of Economic Development and Culture, which consent may be arbitrarily or unreasonably withheld.

(h)That no building or structure whatsoever will be erected upon the subject lands other than a fence which is subject to the approval of Building and Inspections.

(3)The Owner agrees to provide City representatives access to the subject lands at any time for any purpose at the sole determination of the City.

(4)In the event that the subject lands or any part thereof are at any time required by the City for municipal purposes, which requirement shall be at the sole determination of the City, the City may terminate the agreement by giving to the Owners 30 days written notice.

The final terms and conditions of the Licence will be in a form and content satisfactory to the City Solicitor and the Commissioner of Economic Development, Culture and Tourism.

Conclusions:

The licence will not negatively affect the trees or parkland, and the area is located in a very low public use area. All present landscaping will be restored by the Owner at his cost upon expiration of the licence. As such, Parks and Recreation has no objection to the request from the Owner of 16 Castle Frank Crescent to seek permission to enter into a Licence Agreement.

Contact Name:

Anne Valliere, Parks Manager, East RegionTel: 392-7265 ext: 309

Mary Graham, Regional Director - EastTel: 392-1909 Fax: 392-6657

(A copy of the location maps attached to the foregoing report were forwarded to all Members of Council with the May 25, 1998, agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)