Amendment of Grant Agreement
- 243 Coxwell Avenue - Royal Canadian Legion
The Toronto Community Council recommends that Council authorize the amendment
of the grant agreement made as of 7th of October, 1997 by:
(1)deleting the requirement that the parking lot be signed in such a way that the
members of the public will know that it is available for public use;
(2)inserting a requirement that any signage at the parking lot at 243 Coxwell Avenue
may not exclude or restrict any member of the public from parking at the lot at any
time; and
(3)inserting a requirement that the parking lot be fully available to the public for
parking at any time at no charge.
The Toronto Community Council submits the following joint report (August 27, 1998)
from the City Solicitor, the Chief Financial Officer and Treasurer and the Chief
Administrative Officer:
Purpose:
To advise Council of the current status of the grant approved by the Council of the former
City of Toronto at its meeting held on September 22 and 23, 1997 and to seek instructions in
respect of the proposed amendment of the grant agreement, the terms of which were
authorized by the Council at its meeting held on October 6 and 7, 1997.
Funding Sources, Financial Implications and Impact Statement:
At its meeting held on September 22 and 23, 1997 the Council of the former City of
Toronto authorized a grant in the amount of $10,000.00 to the Royal Canadian Legion
(Baron Byng Memorial Hall Corporation) hereafter referred to as ("the Legion") to allow for
the drainage repairs and repavement of the parking lot at 243 Coxwell Avenue. Although a
grant agreement was executed by the former City of Toronto and the Legion the grant has
not been disbursed. No source of funds for the grant was identified by the Council of the
former City of Toronto. If the grant is to be disbursed at this time funds will be required to
be provided.
Recommendations:
That Council decide whether or not to authorize the amendment of the grant agreement
made as of the 7th of October, 1997 to delete the requirements that:
(1)the parking lot will be available for use by all members of the public, not just seniors and
legion members, and;
(2)the parking lot be signed in such a way that members of the public will know that it is
available for public use.
Council Reference/Background/History:
The Council of the former City of Toronto at its meeting held on September 22 and 23,1997
by its adoption, as amended, of Clause 58 of Executive Committee Report No.21 authorized
a grant of $10,000.00 to the Legion to allow for the drainage repairs and repavement of the
parking lot at 243 Coxwell Avenue on condition that the parking lot be open to the public,
that a grant agreement be entered into with the Legion and that the terms of the grant
agreement be considered at the Council meeting of October 6,1997. Release of grant funds
was subject to the completion of a Declaration Form regarding the adoption of the then City
of Toronto's Non-Discrimination Policy.
By the adoption of communication 49 as set out in Minute Number 24.95 the Council of the
former City of Toronto, at its meeting held on October 6 and 7, 1997, approved the terms
and conditions of the grant agreement which included, among others, that the parking lot be
available for use by all members of the public, not just seniors and legion members and that
the lot be signed in such a way that members of the public know that it is available for
public use, and that no fee be charged for parking on the lot. The grant agreement also
provides that the grant funds would not be disbursed until execution of the agreement by
both parties and the grantee's compliance with the Service Equity Program of the City. (i.e.
execution of the Declaration Form regarding Non-Discrimination Policy).
The grant agreement was executed by both parties. However the Legion did not execute and
return the Declaration of Non-Discrimination Policy form which was forwarded to it by
letter dated December 23, 1997. As stated above the execution and return of that form was a
precondition to the release of the grant funds. However I should advise that on August 25,
1998 I was provided with a copy of a report from the then Commissioner of Corporate
Services, dated September 16, 1997, which was submitted to Council as a communication
item at its meeting of October 6 and 7, 1997. The report listed organizations which had
adopted the former City of Toronto's Non-Discrimination Policy and had filed a Declaration
Form to that effect. Royal Canadian Legion (Coxwell) is on the list attached to the report.
I am advised that the Accounting Services division of the Finance Department has no
record of the grant having been disbursed.
Comments and/or Discussion and/or Justification:
Councillor Jakobek has received correspondence dated July 22, 1998 from the President of
the Legion outlining the Legion's concerns with respect to the conditions of the grant in
particular those conditions that require that the parking lot be open to the public and signed
in such a way that members of the public know that the parking lot is available for public
use. Councillor Jakobek has requested that I report on the matter.
The Legion in its correspondence to Councillor Jakobek advises that its evening rentals are
affected due to the use of its parking lot by others. In particular it advises that the parking lot
behind the stores on Coxwell Avenue now charges for parking, the customers of a bingo hall
on Coxwell Avenue have been told that the Legion parking lot is public, and that the
landlord of an adjacent building has advised its tenants that they have parking on the Legion
lot. It also advises that the three handicap spaces on the lot are being abused by the public
and that handicapped veterans are being forced to walk a considerable distance to the
building entrance.
As I understand the Legion's correspondence it is requesting relief from the provisions of
the grant agreement which require it to provide public parking and to provide signage that
indicates that the lot is available for public use.
Conclusions:
If so advised Council could authorize the amendment of the grant agreement made as of the
7th day of October, 1997 to delete the requirements that the lot be available for use by all
members of the public, not just seniors and legion members and that the lot be signed in
such a way that members of the public know that it is available for public use.
Contact Name:
Dolores M. Morrell
Legal Services
392-7234
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The Toronto Community Council reports for the information of Council, also having had
before it a communication (September 25, 1997) from the Assistant City Clerk, of the
former City of Toronto, forwarding Clause 58 contained in Report No. 21 of the Executive
Committee, titled "Grant Request - Parking Lot Repairs - 243 Coxwell Avenue (Ward 10)",
which was adopted, as amended by City Council at its meeting on September 22 and 23,
1997, a copy of which is on file in the office of the City Clerk.