TABLE OF CONTENTS
REPORTS OF THE STANDING COMMITTEES
AND OTHER COMMITTEES
As Considered by
The Council of the City of Toronto
on March 4, 5 and 6, 1998
CORPORATE SERVICES COMMITTEE
REPORT No. 2
1Interim Purchasing By-law
2Retention of Outside Counsel
3Honoraria for Councillors Appointed to Agencies, Boards and Commissions
4Approval to Extend a Contract with a Former Employee
5110 Lombard Street Request for Occupation of City-Owned Property at Below Market Rates Gilda's Club
Greater Toronto (Downtown Ward 24)
6410 Queens Quay West and Permanent Office Accommodation for Harbourfront Corporation (1990)in an
Addition to York Quay Centre (Ward 24 - Downtown)
7Proposed Sale of Surplus, City-Owned Vacant Land South Side of Searle Avenue, Roll No. 05 3 110 00300
File No. 77-227-12 (North York Spadina - Ward 8)
8Proposed Closure and Sale of Dalkeith Drive and One-Foot Reserve(North York Centre South - Ward 9)
766
9Expropriation of Property InterestsSheppard SubwayYonge, Bayview and Bessarion Stations
10Expropriation of LandSheppard SubwayDr. Samir Barsoum573 Sheppard Avenue East
11Part of One-Foot Reserve Abutting Askin Street (Closed) between Highway No. 401 and Bridgeland
Avenue, North York
12Lease of Ground Floor Space at 111 Wellesley Street East,City of Toronto (Ward - Downtown)
13Consent for Refinancing Leasehold Interest,Soccer City (Etobicoke) Inc.(Markland-Centennial - Ward 4)
14Parkland Dedication RequirementSeneca College of Applied Arts & Technology 1750 Finch Avenue East -
Permit No. B-9704254File No. 97-031-02 FA57 (Seneca Heights - Ward 12)
15Parkland Dedication Requirement 800 Sheppard Avenue West Permit No. B-97-04797 File No. 97-036-02
FA57 (North York Spadina - Ward 8)
16Parkland Dedication RequirementGranite Peak Developments Inc.East Side of Upwood AvenueFile No.
96-001-S UDSB-1220 (North York Humber - Ward 6)
17Procedure - Reporting to the Former City Council of North York Regarding Payment of Parks Levy for
Properties Valued Over $1,000,000.00
18Tax Arrears - Rochelle Litman16 Portsmith Road, NY No. 08 2 011 00100RCS - AT40
19Other Items Considered by the Committee
City of Toronto
REPORT No. 2
OF THE CORPORATE SERVICES COMMITTEE
(from its meeting on February 16, 1998,
submitted by Councillor Dick O'Brien, Chair)
As Considered by
The Council of the City of Toronto
on March 4, 5 and 6, 1998
1
Interim Purchasing By-law
(City Council on March 4, 5 and 6, 1998, amended this Clause:
(1) to provide that quotations and tender calls over $1.0 million shall be reported to the appropriate Standing Committee
of Council and/or Community Council, and subsequently submitted to Council for approval;
(2) by adding to Recommendation No. (3) of the Corporate Services Committee the words "within two months", so that
such recommendation shall now read as follows:
"(3) that the Chief Administrative Officer be requested to develop a City-wide fair wage policy, such policy to include a
mechanism for enforcement, within two months."; and
(3) by adding thereto the following:
"It is further recommended that the Bid Committee be requested to submit a report to Council, through the Corporate
Services Committee, by the end of 1998, on how the Bid Committee has been operating.")
The Corporate Services Committee recommends:
(1) the adoption of the report (February 3, 1998) from the Chief Financial Officer and Treasurer, subject to
amending Part (3) of the Section embodied therein, entitled "Reporting/Awarding", by adding after the words
"Standing Committee of Council", the words, "and/or Community Councils", so that the aforementioned Part (3)
shall now read as follows:
"(3) Quotation and Tender calls over $2.5 million - reported to the appropriate Standing Committee of Council
and/or Community Councils for awarding and to Council for information.";
(2) that the Chief Financial Officer and Treasurer be requested to include in her forthcoming report ethical issues,
Canadian Content and any other provisions included in any purchasing policy of any of the former six Area
Municipalities or Metro; and that the report not only indicate the seven processes used by the former municipalities
and Metro, but what is deemed to be best practices; and
(3) that the Chief Administrative Officer be requested to develop a City-wide fair wage policy, such policy to include
a mechanism for enforcement.
The Corporate Services Committee submits the following report (February 3, 1998) from the Chief Financial
Officer and Treasurer:
Purpose:
To provide for the continued efficient operation of the procurement function of the City pending the development and
adoption of comprehensive long term policies and by-laws of the amalgamated City.
Source of Funds:
N/A
Recommendations:
It is recommended that:
(1) authority be granted, in the interim, for the former municipalities to continue the use of the standard form of contracts
and general conditions that were in use prior to 1998 with any necessary modifications;
(2) that a form of quotation request to be used be developed, pending the development and approval of full procurement
policies, where appropriate in securing bids for the supply of goods and services, such form to be based upon policies
approved by Council;
(3) the Chief Financial Officer and Treasurer report to Council, through the Corporate Services Committee, as soon as
possible on uniform procurement policies;
(4) authority be granted for the introduction of a Bill in Council in the form of the draft by-law attached as Appendix "A"
providing for the award of bids pursuant to quotation requests and tenders where the award is to the lowest bidder meeting
the specifications and requirements and does not exceed $2.5 million;
(5) that the reporting/awarding structure outlined in this report be adopted; and
(6) the appropriate City officials be authorized and directed to take the actions necessary to give effect thereto.
Council Reference/Background/History:
Council, at its meeting on January 2, 6, 8 and 9, 1998, enacted By-law No. 7-1998. This By-law, the Interim Financial
Control By-law, provided for a delegation to the Chief Administrative Officer to make commitments and expend funds
provided in the estimates and approved capital projects of up to $500,000.00 in any single contract. The By-law provides
that the Chief Financial Officer and Treasurer may designate various City officials with signing authority within this overall
limit.
The procedure and policies followed by the seven constituent municipalities of the City of Toronto not only varied from
one municipality for the next but also, particularly in the case of tender contracts, varied among departments in the same
municipality.
Although staff is working to develop consistent procedures and policies to be followed throughout the City, it is clear that
these may only be developed over time. The approach to such development must, however, be organized. Moreover
operations must have continuity and efficiency in the interim.
Although Bill 103 provides for the continuation of the by-laws of the constituent municipalities in the applicable
jurisdiction until repealed by City Council, and although some practices authorized by these by-laws will, of necessity,
continue in the short run, there are purchasing functions which must be standardized and instituted as soon as possible if
operations are to be carried out efficiently on behalf of the whole City. In the circumstances, some policy decisions are best
made and followed now pending the rationalization, development, debate and decision of Council on these policies for the
longer term. These policies include Fair Wage, Canadian Content and others. In the long run it may also be appropriate to
develop further policies such as, for example, those addressing environmental issues.
The terms and conditions of the quotation form will have to be standardized. So also will the form of contract for
construction and other capital projects and the general conditions therefor. The process for calling tenders and awarding
purchase orders and contracts needs to be made uniform and consistent throughout all operating units within the City, and
with overall policies and procedures respecting expenditures and the procurement and the disposal of goods, property and
services.
Pending a comprehensive report to Council on all these matters, it is appropriate that interim steps be taken to ensure
continuity and efficiency in the operation of the purchasing function on behalf of the City.
In respect to quotations, a standard form of quotation request will be developed to be used on behalf of the City, where
appropriate, in securing bids for the supply of goods and services. This form should be based upon those heretofore used in
the former municipalities with the best practices selected from each. In respect of contracts for Capital Works projects, the
forms heretofore used may continue to meet operational requirements with appropriate modifications. Ultimately, policies
respecting the use of a standard form of construction contract and general conditions will be adopted. Accordingly, a
recommendation to this effect is made in this report.
Lastly, the seeking of bids and quotations, and generally carrying out the procurement process, must continue without
interruption throughout the amalgamation process. Since the award of the vast majority of contracts is made to the lowest
bidder meeting the specifications and requirements, the award itself is an administrative decision which may properly be
delegated to staff so long as Council is satisfied that procedures are in place ensuring an open, fair and competitive process
providing reasonable access to potential bidders, and the opportunity to supply goods and services or carry out construction
contracts on behalf of the City through a fair, transparent, open and competitive process which is fairly administered.
Attached is a form of proposed by-law which will enable a Contract Awards Committee, composed of staff, to award
contracts to the lowest bidder, where such award is within the approved estimate or the amount approved by Council and
the amount of the award is $2.5 million or less.
Reporting/Awarding:
The proposed by-law will allow the following reporting/awarding structure:
(1) Quotation and Tender calls in the amount of $500,000.00 or less - awarded by the Chief Administrative Officer or
designate.
(2) Quotation and Tender calls over $500,000.00 and up to $2.5 million - reported to Bid Committee for awarding. Prior to
each meeting of the Bid Committee, the agenda for the meeting together with the minutes of the last previous meeting will
be distributed to each member of Council, each member of the Bid Committee, the Purchasing Agent, the City Solicitor
and other appropriate City officials.
(3) Quotation and Tender calls over $2.5 million - reported to the appropriate Standing Committee of Council for awarding
and to Council for information.
Conclusion:
To ensure continuity and efficiency in the purchasing function on behalf of the City, it is recommended that authority be
granted for the introduction of a Bill in Council in the form of the draft by-law, attached as Appendix "A".
Contact Name:
Nick Kristoffy, 392-7051.
________
APPENDIX "A"
City of Toronto
Draft By-law
Interim Purchasing By-law
To establish interim procedures and authority for the procurement of goods and services.
WHEREAS it is necessary and expedient to establish a procedure and authority for the calling of bids and the award of
contracts pending the development and adoption of comprehensive by-laws establishing financial controls and procurement
policies;
The Council of the City of Toronto HEREBY ENACTS as follows:
1. Definitions
In this by-law:
"Award" means the acceptance of a Tender, either by the Bid Committee pursuant to the terms of this by-law or by Council
in adopting the recommendation of a Standing Committee of Council;
"Approved by Council" means, in relation to a funding approval, an approval by the adoption of the interim and current
estimates or an approval of a Project to be funded by the issuance of debt or from a reserve;
"Bid" means a Quotation or a Tender;
"Bid Committee" means the committee established under section 3 of this by-law;
"Call" means a call for Tenders;
"Project" means the construction, repair or demolition of any improvement of real property including all costs normally
associated therewith or any other work or undertaking;
"Purchasing Agent" means the official carrying out the purchasing function on behalf of the City and includes his or her
designate;
"Quotation" means an offer to supply goods or services at a price fixed as to the total amount or on a unit basis, or both;
"Request" means a request for Quotations; and
"Tender" means an offer to construct a Project at a price fixed as to total amount or on a unit basis, or both.
2. Purchasing Agent
(1) The Purchasing Agent shall be responsible for
(a) the publication and delivery of notice to the public of all Requests and Calls issued on behalf of the City;
(b) determining the method of publication and delivery of notice to the public to promote awareness of the Call or Request
and competition for the Award;
(c) scheduling, in consultation with the Clerk, the place, date and time for the receipt and opening of Tenders and
Quotations and the making of Awards;
(d) determining whether the Bid Committee has authority to make an Award for the purposes of issuing Requests and Calls
and reporting thereon;
(e) reporting to the Bid Committee on all Bids where the Bid Committee has authority to make an Award;
(f) reporting on all Bids which may not be awarded by the Bid Committee to the appropriate Standing Committee of
Council in consultation with the City official who initiated the Request or Call;
(g) generally monitoring, supervising and reporting to the Corporate Services Committee as required from time to time on
the purchasing process.
(2) The Purchasing Agent shall be authorized to determine, in consultation with the City Solicitor where necessary, the
appropriate form and method by which all goods and services shall be procured on behalf of the City unless otherwise
directed by Council.
3. Bid Committee
(1) There is hereby established a Bid Committee comprised of the following officials:
(a) the Chief Financial Officer and Treasurer or his or her designate;
(b) the Chief Administrative Officer or his or her designate;
(c) any City official who initiated the Call or Request that is before the Committee at any given meeting or part thereof, or
his or her designate; and'
(d) the City Clerk or his or her designate.
(2) The City Clerk shall not have a vote but shall act as the chair of the Bid Committee.
(3) A City official referred to in clause 3(1)(c) is only entitled to vote in respect of the particular Call or Request which the
City official initiated.
(4) The Purchasing Agent shall provide advice and support to the Bid Committee.
(5) The City Solicitor, or his or her designate, shall provide legal advice to the Bid Committee when required.
(6) A quorum of the Bid Committee shall be 2 voting members.
(7) All business and decisions of the Bid Committee shall be conducted and made at meetings open to the public.
4. Duties of the City Clerk
The City Clerk shall be responsible for
(a) Maintaining minutes of each meeting of the Bid Committee, and
(b) distributing, prior to each meeting of the Bid Committee, the agenda for the meeting together with the minutes of the
last previous meeting to each member of Council, each member of the Bid Committee, the Purchasing Agent, the City
Solicitor and other appropriate City officials.
5. Duties of the Bid Committee
(1) Tenders received by the Clerk in the location specified in the Call before the time stipulated therein for the close of
Tenders shall be opened at a meeting of the Bid Committee and the names of the Bidders and the prices offered by each, or
a summary thereof, shall be read aloud and recorded by the Chair of the Bid Committee.
(2) Quotations received by the Purchasing Agent in the location specified in the Request before the time stipulated therein
for receipt shall be opened by the Purchasing Agent at the time and location specified in the Request and the names of the
bidders and the prices bid shall be read out by the Purchasing Agent. All bidders and other interested members of the public
shall be entitled to be present when the names of the bidders and their prices are read.
(3) The Bid Committee is authorized to make an Award if all of the following conditions are met:
(a) the Purchasing Agent, after consulting with the City official who has initiated the Call or Request, has recommended
the Award in the report submitted under paragraph 2(e);
(b) the amount of the Award is equal to or less than the funding Approved by Council and is equal to or less than $2.5
million;
(c) the Award is to the lowest bidder whose Bid meets the specifications and requirements set out in the Request or the
Call;
(d) there is no written objection to the Award filed with the Bid Committee before the Award is made;
(e) the terms and conditions of the contract between the Bidder and the City created by the Award are determined as at the
time the Bid is opened without the necessity of further negotiations between the parties other than minor clarification of the
contract terms; and
(f) all voting members of the Bid Committee who are present at the meeting vote in favour of the Award.
6. Standing Committee
(1) If all the conditions in subsection 5(3) are not met or where the Bid Committee does not make an Award that it is
authorized to make, the Bid shall be referred to the standing committee of Council responsible for the program or service to
which the Call or Request is related, in accordance with the provisions of By-law No. 23-1998 (the Procedural By-law) as
amended from time to time.
(2) Bids referred to a standing committee of Council shall be reported upon to the standing committee by the Purchasing
Agent and the City official on whose behalf the Request or Call was made and, where necessary, the City Solicitor.
(3) A standing committee of Council to which a Bid is referred under section (1) is authorized to make an Award if the
amount is equal to or less than the funding approved by Council.
(4) Awards made by a standing committee under subsection (3) shall be reported to Council for information.
7. Access to Bids
The contents of any bid shall be made available to the public, on request, to the extent required by the Municipal Freedom
of Information Protection of Privacy Act.
8. Transition
(1) The provisions of this by-law apply notwithstanding any monetary limits on the authority to make financial
commitments pursuant to the provisions of By-law No. 7-1998, a by-law "To confer certain authorities and responsibilities
with respect to the appropriation and commitment of funds and the payment of accounts of the City of Toronto and other
related matters".
(2) Subsection 14(3) of the said By-law 7-1998 is amended by adding at the end "except for By-law No. , a by-law "To
establish interim procedures and authority for the procurement of goods and services."
(3) The provisions of this by-law prevail over any by-law of the councils of the former municipalities of Metropolitan
Toronto, Toronto, North York, Scarborough, East York, Etobicoke and York to the extent of any conflict.
ENACTED AND PASSED this Day of ,A.D. 1998
Mayor City Clerk
(Corporate Seal)
2
Retention of Outside Counsel
(City Council on March 4, 5 and 6, 1998, adopted this Clause without amendment.)
The Corporate Services Committee recommends the adoption of the report (January 28, 1998) from the City
Solicitor.
The Corporate Services Committee reports, for the information of Council, having requested the City Solicitor to submit a
report to the Corporate Services Committee on a policy with respect to:
(a) fees paid to outside legal counsel;
(b) the retention of outside services including legal counsel and consultants; and
(c) employee reimbursement of legal fees incurred in relation to the performance of their duties, including costs with
respect thereto.
The Corporate Services Committee submits the following report (January 28, 1998) from the City Solicitor:
Purpose:
The purpose of this report is to seek authority from Council to retain the law firms of Reble, Ritchie, Green & Ketcheson,
and Loopstra, Nixon & McLeish to complete legal work, provided to the former City of Etobicoke and the Borough of East
York, already in progress, and to provide supplementary legal services related to work originating from the aforementioned
former municipalities, as deemed appropriate by the Lead Solicitor.
Funding Sources, Financial Implications and Impact Statement:
On a combined basis, the seven municipalities amalgamated into the new City of Toronto expended approximately $4.0
million annually for outside legal services. As part of a budget reduction exercise for the Transition Team and subsequently
the Chief Financial Officer and Treasurer, the Legal Services Review Team, consisting of the Solicitors for all of the old
municipalities, recommended a reduction of $1,646.0 million in estimated outside counsel expenditures to achieve in part
the Corporate budget reduction target for 1998, and to reduce reliance on external providers by using in-house resources for
routine legal matters. Sufficient funds remain in the proposed consolidated legal services operating budget's outside counsel
account to retain the two law firms in addition to meeting the projected 1998 financial obligations of the City of Toronto to
other law firms currently retained to complete work in progress for the former cities and borough.
Recommendations:
It is recommended that:
(1) the law firm of Reble, Ritchie, Green & Ketcheson be retained for a maximum of 12 months, retroactive to January 1,
1998, to complete matters for which they currently have carriage on behalf of the former City of Etobicoke, in addition to
providing supplementary legal services as deemed appropriate by the Lead Solicitor;
(2) the Lead Solicitor report back to Council in the last quarter of the year on the transition of legal work from Reble,
Ritchie, Green & Ketcheson to Legal Services staff, and the continued retention of the firm in 1999;
(3) authority be granted to enter into a retainer agreement with Reble, Ritchie, Green & Ketcheson in a form and content
satisfactory to the Lead Solicitor for an amount not to exceed $930,000.00;
(4) the law firm of Loopstra, Nixon and McLeish be retained for a maximum of 12 months, retroactive to January 1, 1998,
to complete matters for which they currently have carriage on behalf of the former Borough of East York, in addition to
providing supplementary legal services as deemed appropriate by the Lead Solicitor;
(5) the Lead Solicitor report back to Council in the last quarter of this year on the transition of legal work from Loopstra,
Nixon, and McLeish to Legal Services staff, and the continued retention of the firm in 1999;
(6) authority be granted to enter into a retainer agreement with Loopstra, Nixon, and McLeish in a form and content
satisfactory to the City Solicitor for an amount not to exceed $312,000.00; and
(7) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Council Reference/Background/History:
Reble, Ritchie, Green & Ketcheson:
For many years the former City of Etobicoke has received legal services from a private law firm. In the past 17 years, the
firm of Reble, Ritchie, Green & Ketcheson (formerly Reble, Townend) has provided all legal services for the former City
with the exception of employment law work which was undertaken by the law firm of Hicks Morley Hamilton Stewart
Storie.
The law firm of Reble, Ritchie is managing currently an active case load of 1,012 files on behalf of the former City. These
files include prosecutions, tax collections, real estate and general files for all departments of the former municipality.
The firm employs the equivalent of three lawyers, two secretaries and one law clerk to undertake legal work for the former
City.
To effect the efficient completion of legal work already in progress, and to facilitate the smooth transition of new work to
the City of Toronto Legal Services, it is recommended that the Lead Solicitor be granted authority to enter into a retainer
agreement with the firm of Reble, Ritchie, Green & Ketcheson for the period not to exceed 12 months, retroactive to
January 1, 1998, for an amount not to exceed $930,000.00. It is further recommended that the Lead Solicitor report back to
Council in the last quarter of this year on the transition of legal work from Reble, Ritchie, Green & Ketcheson to City of
Toronto Legal staff, and the continued retention of the firm in 1999.
Loopstra, Nixon & McLeish:
The firm of Loopstra, Nixon & McLeish was appointed as counsel to the former Borough of East York by by-law in 1986.
The firm is currently working on an active East York case load of 461 files including matters dealing with by-law
enforcement, building code prosecutions, encroachment issues, engineering, planning and development matters, real estate,
general litigation and various other issues.
The firm estimates that it employs the equivalent of two full-time lawyers, a part-time law clerk or articling student, plus
two full-time legal secretaries to undertake work on behalf of the former Borough of East York.
To ensure the efficient completion of work already in progress, and to facilitate the smooth transition of new work to the
City of Toronto Legal Services, it is recommended that the City Solicitor be granted authority to enter into a retainer
agreement with the firm of Loopstra, Nixon and McLeish for the period not to exceed 12 months, retroactive to January 1,
1998, for an amount not to exceed $312,000.00.
It is further recommended that the City Solicitor report back to Council in the last quarter of this year on the transition of
legal work from the firm to City of Toronto Legal Services, and the continued retention of the firm in 1999.
Comments and/or Discussion and/or Justification:
The Solicitors Review Team, consisting of the head solicitors for each of the former cities, borough and Metropolitan
government, in its report to the Transition Team recommended that the new City of Toronto employ a mix of in-house and
outside legal resources as the most cost efficient method for providing legal services to the new City of Toronto. The
Solicitors Team recommended a re-allocation and refocus of total resources as a result of the amalgamation of legal
services, as follows:
(a) a reduction on the reliance of external providers for routine matters;
(b) an enhancement of internal expertise in areas such as labour and employment law, environmental law and negligence
defence where some of the old municipalities relied exclusively on external providers; and
(c) a refocus of external providers to deal with highly specialized practice areas and periods of peak demands.
Since the outside law firms have been actively involved in the matters currently being handled by them for the former City
of Etobicoke and Borough of East York, and keeping in mind that a restructuring process will be undertaken to consolidate
legal services in the coming months, it is my recommendation that these firms complete the work being done at present by
them, and that the need for any further legal services being provided to the City of Toronto, upon completion of such work,
be the subject of a further report to Council in the latter quarter of this year.
Conclusion:
The retention of the two firms will allow for the completion of work currently in progress, and facilitate a smooth transition
to the new City of Toronto Legal Services.
Contact Name:
H.W.O. Doyle, Tel: 392-8040
3
Honoraria for Councillors Appointed
to Agencies, Boards and Commissions
(City Council on March 4, 5 and 6, 1998, struck out and referred this Clause back to the Corporate Services Committee for
further consideration, together with the following motions:
Moved by Councillor Balkissoon:
"That the foregoing Clause be amended by inserting in Recommendation No. (1) of the Corporate Services Committee,
after the word 'honoraria', the words 'expense allowances', so that such recommendation shall now read as follows:
'(1) no additional honoraria, expense allowances, or stipends be provided for Members of Council who are appointed to
act as Chairs or Members of Agencies, Boards or Commissions;'."
Moved by Councillor Kinahan:
"That the foregoing Clause be amended:
(1) by deleting the word 'additional' from Recommendation No. (1) of the Corporate Services Committee; and
(2) to provide that the application of this policy as it pertains to the Toronto and Region Conservation Authority be
referred to the Commissioner of Corporate Services for report thereon to the Corporate Services Committee.")
The Corporate Services Committee recommends that:
(1) no additional honoraria or stipends be provided for Members of Council who are appointed to act either as
Chairs or Members of Agencies, Boards or Commissions; and
(2) in the last year of this term of Council, a citizen committee be established composed of people knowledgeable in
compensation and municipal government, including representatives from the Board of Trade of Metropolitan
Toronto and the Labour Council of Metropolitan Toronto, to report on a salary structure for Members of Council,
for the consideration of the in-coming Council in the year 2001; and that the Chief Financial Officer and Treasurer
and the Chief Administrative Officer be requested to report to the Corporate Services Committee on the provision
of funding for outside consultants to assist the aforementioned citizen committee.
The Corporate Services Committee reports, for the information of Council, having requested the Commissioner of
Corporate Services to submit a report to the Corporate Services Committee on a policy to provide assistance to Councillors'
offices to provide for extended disability, overtime by administrative assistants, vacation, maternity/paternity/adoption
leave and severance allowances.
________
The Corporate Services Committee reports, for the information of Council, having had before it a communication
(February 15, 1998) from the City Clerk referring, amongst other things, the following motions to the Corporate Services
Committee:
(a) Moved by Councillor Adams:
'That Council adopt the following recommendation:
"It is recommended that the Special Committee be requested to consider the provision of assistance to Councillors' offices
in the event of extended disability or sickness of office staff and other related matters, including severance allowances."'
(b) Moved by Councillor Flint:
'That Part (2) of the following motion by Councillor Moscoe be amended to provide that the salary paid to Members of
Council be no higher than $79,500.00 and that this sum not include any tax-free component; and, further that if Provincial
legislation precludes this, then the sum be lowered accordingly.'
(c) Moved by Councillor Jones:
'That Council adopt the following recommendation:
"It is recommended that no additional honoraria or stipends be provided for Members of Council who are appointed to act
either as Chairs or Members of Agencies, Boards and Commissions." '
(d) Moved by Councillor Minnan-Wong:
'That Council adopt the following recommendation:
"It is recommended that, in the event City Council cannot achieve a zero percent tax increase, Members of Council receive
a penalty of ten percent in their own salaries."'
(e) Moved by Councillor Moscoe:
"That Council adopt the following recommendations:
'It is recommended that:
(1) the question of the fourth assistant (clerical) for Members of Council be referred to the Special Committee
recommended by the Mayor for further consideration;
(2) Recommendation 11 of the final report of the Toronto Transition Team be adopted, and further that the question of
salaries for Members of Council be reviewed by the Corporate Services Committee at its first meeting, with the premise
that the salaries be pegged at the average salary of a Member of the Provincial legislature (including the work on
Committees but excluding the salaries of Cabinet Ministers); and
(3) in addition, the Corporate Services Committee be requested to review the personal expense allowances of Members of
the Ontario Legislature, in order to establish a reasonable expense allowance for Members of Council."; and
(f) Moved by Councillor Davis:
"That City Council appoint a Blue Ribbon Panel of six ratepayers, representing each of the former Area Municipalities, the
membership of which shall be determined by the Corporate Services Committee, and that the sole responsibility of the
Panel be to make recommendations to Council, through the Corporate Services Committee, regarding remuneration for the
Mayor and Members of Council."
4
Approval to Extend a Contract with a Former Employee
(City Council on March 4, 5 and 6, 1998, struck out and referred this Clause back to the Commissioner of Corporate
Services for further consideration and report thereon to the Corporate Services Committee.)
The Corporate Services Committee recommends the adoption of the confidential report (February 3, 1998) from the
Commissioner of Corporate Services requesting approval to extend a contract with a former employee, which was
forwarded to Members of Council under confidential cover.
(City Council on March 4, 5 and 6, 1998, had before it, during consideration of the foregoing Clause, a confidential
communication (February 16, 1998) from the City Clerk forwarding a confidential report (February 3, 1998) from the City
Solicitor.)
5
110 Lombard Street
Request for Occupation of City-Owned Property at Below Market
Rates Gilda's Club Greater Toronto (Downtown Ward 24)
(City Council on March 4, 5 and 6, 1998, amended this Clause by striking out the recommendation of the Corporate
Services Committee and inserting in lieu thereof the following:
"It is recommended that:
(1) the Clause be received; and
(2) the Commissioner of Corporate Services be requested to explore the possibility of the purchase of this property by
Gilda's Club Greater Toronto and report thereon to the next meeting of the Corporate Services Committee, scheduled to be
held on March 30, 1998.")
The Corporate Services Committee recommends the adoption of Recommendations Nos. (2) and (3) embodied in the
report (January 30, 1998) from the Commissioner of Corporate Services.
The Corporate Services Committee reports, for the information of Council, having requested the Commissioner of
Corporate Services to submit a report to Council for its meeting scheduled to be held on March 4, 1998, on offers made to
purchase this property in the last two years, and to also include in the report an up-to-date appraisal of the property, such
report to be considered in-camera.
The Corporate Services Committee submits the following report (January 30, 1998) from the Commissioner of
Corporate Services:
Purpose:
To obtain authority to enter into an Occupancy Agreement for the occupation of 110 Lombard Street by Gilda's Club
Greater Toronto for a term of three years. This occupation is being sought under the previous City of Toronto policy
governing the occupation of City-owned space at below market rates.
Financial Implications:
The cost of the allocation of 110 Lombard Street to Gilda's Club Greater Toronto will be foregone rent in the amount of
approximately $105,000.00 per annum.
Gilda's Club has agreed to pay the realty taxes, operating costs and maintenance for the building and will undertake certain
restoration work at their cost (to include upgrading the electrical system, staircase and sprinkler system where necessary
and render the building wheelchair accessible).
Recommendations:
It is recommended that:
(1) the Corporate Services Committee consider the request from Gilda's Club Greater Toronto for occupancy of City-owned
space at 110 Lombard Street at below market rates;
(2) should the Corporate Services Committee choose to support this request, the Corporate Services Committee recommend
to City Council the following;
(i) that the Commissioner of Corporate Services be authorized to allocate the use of 110 Lombard Street to Gilda's Club
Greater Toronto for a term of three years subject to the execution of an Occupancy Agreement, in form and content
acceptable to the City Solicitor and the Commissioner of Corporate Services and subject to Gilda's Club Greater Toronto
agreeing to share the use of 110 Lombard Street with The Emma Foundation; and
(ii) that the grant through the provision of City-owned space at below market rent be deemed to be in the interest of the
City; and
(3) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Background:
City Council, at its meeting held on October 26, 27 and 28, 1992, adopted a policy governing the Occupation of
City-Owned Space at Below Market Rates. A request has been received by Gilda's Club Greater Toronto for the occupation
of 110 Lombard Street under this policy.
At its meeting of December 8, 1997, City Council gave interim consideration to this request and adopted Clause No. 42 of
Report No. 25 of the City of Toronto Executive Committee. By doing so, City Council endorsed the use of 110 Lombard
Street by Gilda's Club Greater Toronto. City Council also directed that the Commissioner of Corporate Services report back
to the new City Council as early as possible on the allocation.
Comments:
Gilda's Club is a free, non-profit non-residential support community for people with cancer, their families and friends. This
organization has locations in New York and Florida with facilities in development in Chicago, Detroit, Seattle, Nashville,
Ohio, Iowa and London, England. Gilda's Club is named in honour of the late Gilda Radner (deceased 1989), who launched
her comedy career in Toronto at "The Second City", 110 Lombard Street (see area map attached as Appendix 1).
Gilda's Club has agreed to pay the realty taxes, operating costs and maintenance for the building and will undertake certain
restoration work at their cost (to include upgrading the electrical system, staircase and sprinkler system where necessary
and render the building wheelchair accessible).
110 Lombard Street has been declared surplus to the City's needs and was scheduled to be offered for sale. However, given
the relationship between this property and the late Gilda Radner, Council may wish to consider the retention of the property
and allocate the use of the property to Gilda's Club Greater Toronto.
Since receiving this request from Gilda's Club Greater Toronto, a request from The Emma Foundation has been received
for the occupation of City-owned space at below market rates. This organization is seeking approximately 3,000 square
feet. The Emma Foundation is a non-profit organization named for Emma Yang, a recent recipient of a bone marrow
transplant. In 1996, at the age of six months, Emma was diagnosed with Omenn's Syndrome, a form of severe combined
immunodeficiency. After Emma's diagnosis, the media followed Emma's parents search for a bone marrow donor and drew
attention to the high cost of locating a donor and the need for an expanded bone marrow doner registry.
The mandate of The Emma Foundation is threefold:
(1) to help people with immunological illnesses;
(2) to support basic and clinical research related to immunological illnesses; and
(3) to promote organ (including bone marrow) donations.
Given that the work of The Emma Foundation and Gilda's Club Greater Toronto are complimentary, a shared use
arrangement for 110 Lombard Street may result in the City being able to support both of these groups while achieving an
overall higher use of 110 Lombard Street. Both Gilda's Club Greater Toronto and The Emma Foundation support a shared
use arrangement of 110 Lombard Street. Staff are currently reviewing the application from The Emma Foundation and if
this group meets the criteria for occupation of City-owned space at below market rates, I will report back on this matter.
The appropriate policies and procedures governing the occupation of City-owned space at below market rates in the new
City of Toronto are currently being reviewed by staff. It is anticipated I will be submitting a policy and procedures report on
this matter to the next meeting of the Corporate Services Committee.
Conclusions:
Gilda's Club has demonstrated its adherence to the previous City of Toronto's policy governing the occupation of
City-owned space at below market rates as set out on the completed application form, attached as Appendix No. 2. The
request of Gilda's Club was reviewed and considered in consultation with the Healthy City Office and the City Treasurer.
Please refer to staff comments which are set out on Page 5 of the above-mentioned application form.
Contact Name:
Bonnie G. Duncan, Tel: 416-392-1861, Fax: 416-392-1880
(cs98012)
(A copy of the Appendices attached to the foregoing report are on file in the office of the City Clerk.)
(City Council on March 4, 5 and 6, 1998, had before it, during consideration of the foregoing Clause, the following report
(February 27, 1998) from the Commissioner of Corporate Services:
Purpose:
To provide City Council, in Camera, with information on offers made to purchase 110 Lombard Street in the last two years
and to provide information on the current appraised value of 110 Lombard Street.
Financial Implications:
Not applicable.
Recommendation:
That this report be received for information purposes.
Background:
At its meeting held on February 16, 1998, the Corporate Services Committee gave consideration to a report from the
Acting Executive Commissioner of Corporate Services dated January 30, 1998, regarding a request from Gilda's Club
Greater Toronto for the occupation of 110 Lombard Street and requested the Commissioner, Corporate Services, to submit
a report to Council, for its meeting on March 4, 1998 on offers made to purchase 110 Lombard Street in the last two years
and to also include in the report an up-to-date appraisal of the property, such report to be considered in-camera.
Comments:
Offers Received In Writing:
At its meeting held on October 16 and 17, 1995, City of Toronto Council declared the property at 110 Lombard Street
surplus to its requirement and authorized the Acting Deputy Commissioner of City Property to offer the property for sale.
In April, 1996, the property was offered for sale utilizing internal staff resources. The availability of the property was
advertised in the newspaper and a deadline of May 21, 1996 was established for the receipt of offers. Although 14 proposal
packages were distributed to interested parties, only one offer was received and the offer was from the tenant of the
property, Mentor Hosts Limited. The offer was in the amount of $400,000.00 and was a standard cash real estate offer with
a closing stipulated approximately three months after acceptance.
As this offer was substantially less than the estimated market value at the time, a report was submitted to City Council
which recommended against the acceptance of the offer and authorization was sought to continue to negotiate with Mentor
Hosts Limited to attempt to achieve a value which reflected market value. Negotiations ensued over an extended period and
although Mentor Hosts Limited continued to express interest in purchasing the facility, we were unable to achieve an
acceptable offer. These negotiations culminated in a letter from Mentor Hosts Limited dated January 9, 1997 wherein they
continued to express their interest in the property but advised that they were only prepared to pay $400,000.00 for the
property.
By that time Mentor Hosts Limited had announced their intentions of relocating to 56 Blue Jays Way, and it was decided to
defer the marketing of the property pending the determination of when Mentor Hosts Limited would vacate the premises
and at that point, to actively remarket the property on a vacant possession basis.
On June 27, 1997, Mentor Hosts Limited provided us with a notice that they would be vacating the premises effective
December 31, 1997. In August 1997, an interest was expressed by Gilda's Club in pursuing the leasing/acquisition of the
property. Gilda's Club presented us with a written draft offer which provided two alternatives for their ultimate acquisition
of the property.
The first alternative was a lease to purchase option which incorporated the following terms and conditions:
Term: 7 years, commencing January 31, 1998
Rental Rate: Year 1 - rent-free for fixturing and conversion
Years 2, 3 and 4 - $30,000.00 per annum, gross
Years 5, 6 and 7 - $40,000.00 per annum, gross
Option to Purchase: An option to purchase the building, for a cash purchase price of $775,000.00, to be exercised no later
than the fourth anniversary during the term of the lease. 75 percent of the rent paid to the date of purchase would be
credited against the option price.
The second option was an acquisition option which was provided on the following basis.
Purchase Price: $875,000.00
Deposit: $25,000.00, by certified cheque, at the time the Offer to Purchase is submitted.
Closing Date: August 1, 1998. May be accelerated by the Purchaser on 15 days written notice.
Balance Due on Closing: $50,000.00
Vendor-Take-Back-Mortgage:
(a) Principal Amount: $800,000.00
(b) Term: 25 years being due July 31, 2023.
(c) Interest Rates: (i) first 5 years - interest-free
(ii) second five years - the lower of 3 percent per annum, calculated annually, or the TD Prime Commercial Lending Rate
as set on the fifth anniversary of the commencement of the VTB
(iii) interest rate over the balance of the term of the mortgage (15 years - the lower of 5 percent per annum, calculated
annually, or the TD Prime Commercial Lending Rate as set on the fifth anniversary of the commencement of the VTB
(d) Principal Payments: (i) fifth anniversary of the commencement of the mortgage - $100,000.00
(ii) tenth anniversary of the commencement of the mortgage - $125,000.00
(iii) fifteenth anniversary of the commencement of the mortgage - $150,000.00
(iv) twentieth anniversary of the commencement of the mortgage - $175,000.00
(v) twenty-fifth anniversary of the commencement of the mortgage - payment of the principal balance in the sum of
$250,000.00
(e) Interest Payment Schedule: Semi-Annually
(f) Right to Occupy Pending Closing: Permission to occupy the premises, as a tenant, from the date an offer to purchase is
accepted by the City until the date the agreement is completed.
These options were reviewed by staff and neither of the options represented fair market value for the property. Gilda's
Club was advised that, notwithstanding the City did not, as a rule, process the sale of properties on an individual basis as
opposed to a public offering, neither of the offers represented fair market value.
At that point in time, Gilda's Club decided to pursue the potential leasing of the property through the City's non-profit
leasing policy. Gilda's Club provided information in accordance with the City's policy and on December 8, 1998, the
former City of Toronto Council considered their request and the former City Council requested that the Commissioner of
Corporate Services report back to the new City Council as early as possible on the allocation. Hence a report was
submitted to the Corporate Services Committee for their meeting on February 16, 1998.
It is noted that on September 16, 1997, Mr. Andrew Alexander, a Director of Gilda's Club, contacted City staff and
discussed a possible acquisition by Gilda's Club in the amount of $850,000.00 for 110 Lombard Street on behalf of Gilda's
Club. As Gilda's Club was pursuing the leasing of the property pursuant to the City's non-profit policy and as this amount
did not represent fair market value, it was agreed that this matter would not be further pursued.
Appraisal:
A staff appraisal of the current market value of 110 Lombard Street has been completed. It is the opinion that 110 Lombard
Street has a market value of approximately $1,100,000.00 as of February 19, 1998.
Conclusion:
None of the offers received represented fair market value for 110 Lombard Street, which has been appraised at
$1,100,000.00.
Contact Name:
Doug Stewart, Telephone No. 392-7202, Fax No. 392-1880, E-mail - dstewart@city.toronto.on.ca (con98002).)
6
410 Queens Quay West and Permanent Office Accommodation for
Harbourfront Corporation (1990)
in an Addition to York Quay Centre (Ward 24 - Downtown)
(City Council on March 4, 5 and 6, 1998, adopted this Clause without amendment.)
The Corporate Services Committee recommends the adoption of the following report (February 2, 1998) from the
Commissioner of Corporate Services:
Purpose:
To secure City Council approval to exchange the revenue from the sale of 410 Queen's Quay West for renovations and
construction to York Quay Centre, to provide for Permanent Office accommodation for Harbourfront Corporation (1990)
not previously contemplated, and to secure a firm deadline date for the payment of $3.0 million due the City from Queen's
Quay West Land Corporation and which is allocated for parks development.
Funding Implications:
No funding required. Guaranteed deadline date established for the payment of $3.0 million due to the City upon future sale
of QQWLC property at BQ7.
Recommendations:
It is recommended that:
(1) the proposal submitted by Queen's Quay West Land Corporation involving an exchange of the site at 410 Queen's Quay
West for office space constructed on top of the York Quay Centre as discussed in this report be approved subject to the
details of the arrangements being satisfactory to the Commissioner of Corporate Services;
(2) the City Solicitor be authorized to make the necessary changes to the Implementation Agreement to incorporate the
required provisions of the proposal detailed in this report;
(3) City staff report upon the completion of the Queen's Quay West Land Corporation limited proposal call on the results of
the proposal call process; and
(4) the appropriate City officials be authorized and directed to take the necessary action to give effect to the foregoing.
Background:
The property at 410 Queen's Quay West, also known as MLQ4 (see attached Appendix 1), has been the subject of various
Agreements which have addressed the future disposition of the property and which have been affected by the fact that
Harbourfront Corporation (1990) has its main offices in this building.
An October 6, 1992, Letter Agreement between Queen's Quay West Land Corporation, the City and the Queen in Right of
Canada addressed this property. There are no parks interests identified with respect to this parcel in the Agreement. The
Agreement contemplated that the site, excluding the TTC loop lands and substation, will be developed by Rampart. The
TTC interests would be conveyed to Metro, subject to any necessary easements.
Provision is also made to convey the western side of the parcel for dedication as a public road.
A Letter Amending Agreement, dated June 8, 1994, amended the October 6, 1992, Letter Agreement and had the effect of
providing the City with a level of control over 410 Queen's Quay West in order to replace the arrangements in place with
Rampart in conjunction with Parcel SQ2 for which the City was to receive substantial capital funds for the improvements
of parklands in Harbourfront. It generally provided for the sale and conveyance of MLQ4 (other than the loop lands
transferred to Metro) at the City's direction by QQWLC to a third party subject to a series of conditions. The net proceeds
of the sale, less commissions, legal/proposal call fees, demolition or mothballing, shall be paid to the City upon receipt by
QQWLC from the purchaser. It is noted the foregoing Letter Agreements are part of the Harbourfront Implementation
Agreement and are referenced as such in the recommendations in this report.
As the June 8, 1994, Letter Amending Agreement was not sufficiently detailed and as a result of City Council adopting the
Monaghan Report on July 2, 1996, it was agreed that the arrangements relative to 410 Queen's Quay West should be further
amended. Accordingly, City Council, at its meeting held on April 14, 1997, Executive Committee Report No. 13, Clause
26, approved a series of refinements to the agreement between the City of Toronto and QQWLC with respect to the
disposition of this property. The agreement implementing the revised agreement has been prepared and executed by the
City and QQWLC. The main components of this agreement are as follows:
(1) The property is to remain in the ownership of the Federal Government and QQWLC will administer property
management facilities.
(2) The City has the right at any time on or before December 31, 2000, to require QQWLC to sell the property and the net
proceeds go to the City.
(3) A detailed procedure is in place for the sale of the property which provides the City with rights to review and agree to
the sale.
(4) If Harbourfront Corporation (1990) vacates prior to March 31, 2001, then the sale process is automatically
implemented.
(5) QQWLC is to fund, without interest, the operating cash flow deficiency, from April 1, 1996, to the date the property is
sold, including Harbourfront Corporation's share of operating costs, from April 1, 1997.
(6) QQWLC is to pay the realty tax from its own financial sources until March 31, 1999, and the realty taxes are to be
included in the cash flow deficiency from April 1, 1999.
(7) Upon sale, the accumulated amount of the cash flow deficiency and costs for administering the sale are to be deducted
from the sale price and the net proceeds go to the City.
QQWLC through its agent, Canada Lands CLC Corporation, submitted in late 1997 a proposal to accelerate the disposal of
410 Queen's Quay West which would also result in a long term solution to the office needs of Harbourfront Corporation
(1990). The proposal incorporates an exchange of the site at 410 Queen's Quay West for office space constructed on top of
the York Quay Centre now owned by the City and leased to Harbourfront for office and programming purposes. This
proposal was submitted to City Council on December 8, 1997, and they instructed that appropriate staff continue to review
the proposal in terms of potential benefits to the City and, due to the urgency of this matter, report further to the new City
Council in January, 1998 on such analysis and next steps.
Discussion:
The Proposal:
The main components of the current QQWLC proposal are:
(1) that QQWLC, subject to the City being satisfied with the terms and conditions, make arrangements to transfer 410
Queen's Quay West to a third party in exchange for the third party delivering on a turnkey basis an addition on the second
floor of the York Quay Terminal Building. A proposal for the relocation of Harbourfront's offices to a second floor addition
at York Quay Centre had been previously developed. The prior and current proposal both comply with the existing zoning
for the York Quay Centre and the prior proposal indicated that Harbourfront's office needs could be accommodated in
24,000 square feet of new space plus 2,800 square feet of existing offices (total is 26,800 square feet) over the York Quay
Centre. They currently occupy a total of 31,169 square feet in existing offices in 410 Queen's Quay West and 2,800 square
feet of office space in York Quay Centre. The design from the prior proposal needs to be updated to ensure that it
accommodates Harbourfront's office requirements.
(2) QQWLC will write off the accumulated operating cash flow deficiency for Harbourfront's use of 410 Queen's Quay
West as at December 31, 1997, in the approximate amount of $300,000.00.
(3) Harbourfront Corporation (1990) will become responsible for the operating cash flow deficiency for 410 Queen's Quay
West effective January 1, 1998, and QQWLC will pay to Harbourfront $200,000.00 to offset the 1998 operating cash flow
deficiency.
(4) QQWLC will pay to the Harbourfront Foundation $100,000.00 upon amendment of the current Agreement, such funds
to be used towards the cost of moving Harbourfront Corporation (1990) into their new space.
(5) QQWLC to pay up to $50,000.00 towards engineering and architectural studies.
(6) QQWLC to agree to a deadline date for a payment to the City detailed later in this report.
Planning Considerations:
Planning staff have advised that, in their view, the relocation of Harbourfront's offices to the York Quay Centre is
consistent with the zoning for the site. In addition, the development of 410 Queen's Quay West for predominately
residential purposes will meet the objectives of the Harbourfront Plan for this site. Planning staff have indicated that they
feel the site originally contemplated for the development and shown as Block A (including the park area) on attached
Appendix 2 has the ability to accommodate up to the as of right density of 19,000 m² within the height limit. They have
also indicated there may be opportunities to improve previous development schemes for this site including the amelioration
of noise concerns for both the site and surrounding area and the creation of a superior built form and overall development
by incorporating Blocks B and C and the City-owned TTC loop and hydro substation area shown cross-hatched on
Appendix 2. Planning staff would be pleased to meet with prospective purchasers to discuss development opportunities for
this site.
Process:
QQWLC proposes to issue a Request for Expression of Interest to solicit interested developers who are capable of this type
of transaction. Once interest is established, a limited Proposal Call will be issued which shall include financial qualifiers.
The REI and RFP would provide developers with an opportunity to propose a development on only Block A or to
incorporate all of the lands in MLQ4 subject to all necessary TTC and hydro rights.
Guaranteed Payments:
As part of this transaction, QQWLC has also agreed to amend the Harbourfront Implementation Agreement to guarantee a
deadline date for a payment owed by QQWLC to the City.
The Implementation Agreement currently requires QQWLC to make a payment of $3,000,000.00 to the City upon the sale
of BQ7 and a payment of $10,500,000.00 upon the sale of YQ4. QQWLC, as part of this transaction, has agreed to amend
the Agreement to require the $3,000,000.00 payment to be made on the earlier of the sale of BQ7 or within 12 months of
the date of transfer of 410 Queen's Quay West to a third party. QQWLC has also advised it will use its best efforts to enter
a sale transaction by June 1999 for YQ4.
Financial Analysis of Proposal:
The financial aspects of this proposal can be viewed from two perspectives:
(1) The first is to compare the respective value that a third party developer would be receiving versus the cost to that
developer or in other words the market value of 410 Queen's Quay West as compared to the construction costs of the office
construction/renovation on the second floor of the York Quay Centre. The appraisal services of Bosley, Farr Associates
Limited were retained and the current market value for development purposes of 410 Queen's Quay West is estimated to be
in the range of $4.3 to $4.7 million on an as is basis.
The second aspect of this comparison involves determining the costs associated with the renovations to York Quay Centre.
The renovations to the York Quay Centre include both the renovation/construction of office space and overall
improvements to the York Quay Centre including the roof structure and new HVAC systems. Staff of Facilities
Management have reviewed the feasibility study prepared in 1993 for the addition and renovation to York Quay Centre
prepared by the architects, Natalie Scott Brown, in conjunction with their engineering consultants and Eastern Construction
who estimated the construction costs.
Staff have also had this 1993 study reviewed by an independent architect, Paul Jurecka to:
(1) anticipate changes that have come about since 1993;
(2) assess report considerations in terms of the value added to the building; and
(3) compare 1993 construction dollars to costs today.
His preliminary report has indicated that today's construction and renovation costs for York Quay Centre will likely be in
the $4.7 million range.
(2) Should the City decide not to proceed, and instructs QQWLC to sell at some future date, the following simple
illustration highlights the net sale proceeds the City will hypothetically receive under this scenario.
Assumed closing date of December 31,1998
Assumed as is sale price: $ 4,500,000.00
Accumulated operating deficit (33 months) ($ 500,000.00)
Broker's Commission at 3% and other sale costs ($ 150,000.00)
Net proceeds due City: $3,850,000.00
The net result in this situation would be the City receiving $3,850,000.00 cash and the office needs of Harbourfront
Corporation (1990) would not be resolved.
Benefits of Proposal:
This proposal has various benefits to the City as follows:
(1) A long term office space solution is found for Harbourfront. It should be noted that the City is not required to provide
this space, but may be expected to contribute towards it if needed in the future. Should this space not be required at some
point in the future it could not be considered attractive office space from a private market perspective. However, the
demands for community use and service space in the Harbourfront area continue to grow with each new residential
development and this type of space would be suitable to accommodate those needs.
(2) York Quay Centre, a City-owned building, will experience substantial capital improvement.
(3) Construction of the second floor at York Quay Centre and residential development at 410 Queen's Quay West will
result in one time economic benefits and, in the case of 410 Queen's Quay West, ongoing realty taxes will be generated
once the site is redeveloped.
(4) Harbourfront operating costs for the new space will be substantially reduced from their current operating costs due to
downsizing from 33,969 sq. ft. to 26,800 sq. ft. and higher building efficiencies.
(5) Harbourfront will achieve certain organizational efficiencies due to closer proximity to the Programming Lands and
staff being located on one floor.
(6) The ongoing level of subsidy on an operating cash flow deficiency basis and the need to do deferred
repairs/replacements at 410 Queen's Quay West will be eliminated.
(7) Environmental concerns related to asbestos in 410 Queen's Quay West will be eliminated.
(8) Needed repairs to the roof of York Quay Centre and the inefficient HVAC systems will be implemented in a cost
effective way.
(9) The objectives of the Harbourfront Plan for 410 Queen's Quay West will be achieved through predominately residential
development of this site.
(10) The City will secure a guaranteed payment date for the payment of the $3,000,000.00 due from BQ7.
(11) There appears to be significant financial advantages to the City in this proposal.
Timing:
There is a need for urgency with respect to implementing the proposal due to the following reasons:
(1) The construction on the York Quay Centre must be timed in order that the main Harbourfront summer season is not
affected.
(2) QQWLC has indicated it is prepared to absorb the accumulated operating cost deficit to December 31, 1997, and to
provide $200,000.00 to Harbourfront for operating cost deficit during the construction of the space on top of the York Quay
Centre.
(3) It is necessary to secure the transaction while the residential real estate market is strong.
(4) The environmental concerns with the building at 410 Queen's Quay West should be addressed as soon as possible.
(5) Deferring needed repairs to both York Quay Centre and 410 Queen's Quay West will be costly.
Conclusion:
The review of the QQWLC proposal indicates there are many advantages to the proposal. It would appear the City is
receiving fair consideration for its interest in the MLQ-4 site. There is also a benefit to the City in establishing a deadline
date for the payment of the $3,000,000.00 owed by QQWLC relative to BQ7. It would be appropriate to approve the
proposal and instruct staff to report back to City Council upon finalization of the limited Proposal Call by QQWLC and
instruct the City Solicitor to make the necessary amendments to the Implementation Agreement.
Contact Name:
Greg Wallans, Telephone - 392-7135, Fax - 392-1880, E-mail - gwallans@city.toronto.on.ca
(A copy of Appendices 1 and 2 referred to in the foregoing report is on file in the office of the City Clerk.)
(Mayor Lastman, at the meeting of City Council on March 4, 5 and 6, 1998, declared his interest in the foregoing Clause,
in that his wife owns a condominium unit in close proximity to 410 Queens Quay West.)
7
Proposed Sale of Surplus, City-Owned Vacant Land
South Side of Searle Avenue
Roll No. 05 3 110 00300
File No. 77-227-12 (North York Spadina - Ward 8)
(City Council on March 4, 5 and 6, 1998, adopted this Clause without amendment.)
The Corporate Services Committee recommends the adoption of the following report (February 4, 1998) from the
Commissioner of Corporate Services:
Purpose:
To dispose of the subject lands, located east of Dufferin Street between Finch Avenue West and Sheppard Avenue West,
see map in Appendix 'A'.
Recommendations:
It is recommended that:
(1) the Corporation declare the subject parcel surplus;
(2) the Functional Lead, Real Estate, be authorized to market the property by direct sale to one or both of two adjoining
owners; and
(3) the appropriate City officials be authorized to do all things necessary to give effect thereto.
Comments:
The subject property is located on the south side of Searle Avenue and was acquired in 1965 on the registration of a
Certificate of Tax Arrears.
It is located in a R4 zone and does not meet the minimum requirements for residential development in this area.
Recently, the adjoining owners on both the east and west side have expressed an interest in buying all or part of the site.
Each party is aware of the other's interest.
The Technical Advisory Committee (North York dated October 22, 1997) gave their concurrence that the property be sold.
An appraisal has been prepared by S. Spera and Associates and gives a value opinion of $73,125.00 as of January 14, 1998.
The premise is that the City-owned property has value but only in contribution to the privately owned adjoining parcels.
However, notwithstanding the value opinion, the actual sale price will be relative to the level of need of the prospective
purchaser(s) given that they are the only market.
Contact Name:
Vic Codato, Tel. (416) 395-6732, Fax (416) 395-6703)
(A copy of Appendix "A" referred to in the foregoing report is on file in the office of the City Clerk.)
8
Proposed Closure and Sale of Dalkeith Drive and One-Foot Reserve
(North York Centre South - Ward 9)
(City Council on March 4, 5 and 6, 1998, adopted this Clause without amendment.)
The Corporate Services Committee recommends the adoption of the following report (February 4, 1998) from the
Commissioner of Corporate Services:
Purpose:
To dispose of the subject lands, located east of Yonge Street between York Mills Road and Lawrence Avenue East, see
map in Appendix 'A'.
Recommendations:
It is recommended that:
(1) staff be directed to proceed with the road closure and sale in accordance with the requirements of the Municipal Act;
(2) Council fix the sale price for the subject road allowance and one-foot reserve at $550,000.00 plus all costs associated
with road closure and sale;
(3) the City accept the offer to purchase from Sergei Rozin and Maia Rozin and the appropriate City officials be authorized
to execute such agreement;
(4) the other abutting property owner at 113 Donwoods Drive (Thomas Butt) be given right of first refusal to purchase the
west half of the subject road allowance and one-foot reserve at $275,000.00 plus his share of costs associated with road
closure and sale;
(5) Council fix the date by which the other abutting property owner at 113 Donwoods Drive (Thomas Butt) must exercise
his right to purchase the west half of the subject road allowance and one-foot reserve at $275,000.00 plus his share of costs
associated with road closure and sale at 4:30 p.m. on April 3, 1998, by which date he must execute an agreement of
purchase and sale, failing which the City shall be entitled to sell the west half of the subject road allowance in accordance
with the provisions of the Municipal Act;
(6) if the other abutting property owner at 113 Donwoods Drive (Thomas Butt) executes the agreement by the date fixed by
Council, the appropriate City officials be authorized to execute such agreement;
(7) the proceeds from the sale be credited to account No. 007-435-0000-9110; and
(8) the appropriate City officials be authorized to do all things necessary to finalize this matter.
Council Reference/Background/History:
Please refer to extract of Clause 1 of the Development and Economic Growth Committee Report No. 6 dated September
29, 1997, adopted, as amended, by North York City Council on October 6, 1997, by Resolution No. 97-17.
Comments:
On October 6, 1997, North York City Council gave consideration to a joint report from the City Solicitor, the Deputy
Commissioner of Finance and the Deputy Treasurer concerning the closure and sale of the subject property.
Staff recommended the acceptance of an offer to purchase from the abutting property owner at 1 Knightswoods Road
(Sergei Rozin and Maia Rozin) - the offer was for the entire parcel of land. It was considered to be fair, equitable and in the
City's best interest to accept.
Dalkeith Drive being an open road allowance must be closed and disposed of in accordance with the requirements of the
Municipal Act. The Act stipulates that each abutting property owner has the right of first refusal to purchase the land to its
middle line.
There is one other property owner abutting the subject road allowance. He resides at 113 Donwoods Drive (Thomas Butt).
The offer from the Rozin's and the recommendations to Council address Mr. Butt's right of first refusal to purchase half of
the subject road allowance.
At the Council meeting on October 6, 1997, Mr. Butt made a presentation proposing that the City sell him half of the
subject property at 10 percent to 15 percent of the appraised value, subject to a restrictive covenant being registered on title
to prohibit any development on the land until arrangements are made to remove the covenant at some future date.
This proposal was not acceptable to Council, however, they referred the matter back to staff to try to negotiate a tri-party
agreement between the City and abutting owners.
In accordance with Council's directive, staff contacted the abutting property owners to attempt to negotiate such an
agreement. On December 8, 1997, Mr. Butt submitted the following proposal:
"Thank you for this opportunity to present my option for the future of the Dalkeith Road allowance as discussed at our last
meeting.
The background to this option reflects the historical use of this road allowance. One third of the allowance has been used
by 113 Donwoods Drive, one third has been used by 1 Knightswood Drive and the remaining third has been used by local
residents to access the golf course. I propose that this split be used to dispose of the Dalkeith Road Allowance.
I am prepared to pay one third of the identified $550,000.00 cost for the third of this property that I have maintained over
the past fifteen years. I assume that Sergi Rozin would also be supportive as he is willing to purchase half of the road
allowance to augment his property at 1 Knightswood Drive. The remaining third would continue to be "owned" by the
community as an access route to the golf course, especially in the winter for cross-country skiing. There would be no
expectation on North York to provide any maintenance as this access route has been used by the community for over forty
years without requiring formal maintenance by the City or the neighbours.
Wayne Long, Chair of the Property and Development Committee of the York Mills Valley Association, is very supportive
of this option. He suggests that all three parties sit down with your team to finalize this arrangement. I believe that this
approach will allow full discussion among the parties affected by the sale of Dalkeith and ensure a quick solution for all
concerned.
Regardless of the outcome of this approach to the disposal of the Dalkeith Road allowance, I remain committed to
purchasing the one third of this property that I have maintained over the years. As discussed at our meeting, I am sure that
this option falls within the realm of possible options that the Council suggests be explored by staff.
I appreciate that you must review both options with the staff of the Economic and Development Committee. Following
your deliberations, I am sure that Wayne Long, Sergi Rozin and I could meet and finalize an appropriate solution very
quickly.
Thank you again for the opportunity to discuss these options with you over the past weeks and I look forward to a mutually
successful conclusion to this process of disposing of the Dalkeith Road allowance".
Staff and members of the Development and Economic Growth Committee subsequently gave consideration to the
foregoing proposal and found that it was unacceptable, as the former City of North York did not wish to retain any part of
the unimproved subject road allowance.
Mr. Butt has been informed that staff will now be recommending the disposal of the subject property in its entirety as was
originally proposed.
Conclusion:
The subject land be disposed of in its entirety at market value.
Contact Name:
Wayne O'Brien, Telephone: (416) 395-6847, Fax (416) 395-6703
(A copy of Appendix "A" referred to in the foregoing report is on file in the office of the City Clerk.)
9
Expropriation of Property Interests
Sheppard Subway
Yonge, Bayview and Bessarion Stations
(City Council on March 4, 5 and 6, 1998, adopted this Clause without amendment.)
The Corporate Services Committee recommends the adoption of the following report (February 2, 1998) from the
Commissioner of Corporate Services:
Purpose:
To seek approval for the expropriation of property interests required for the construction and operation of the Sheppard
Subway at Yonge, Bayview and Bessarion Stations.
Funding Sources, Financial Implications and Impact Statement:
Financing has previously been approved by Council and is available in Capital Account No. TC-392.
Recommendations:
It is recommended that:
(1) Council, as approving authority, approve the expropriation of the property interests detailed herein;
(2) authority be granted to take all steps necessary to comply with the Expropriations Act (the "Act") including, but not
limit to, the preparation and registration of an Expropriation Plan and the service of Notices of Expropriation, Notices of
Election as to the date for compensation, and Notices of Possession;
(3) the Commissioner of Corporate Services, Chief Administrative Officer or other appropriate staff, be authorized to sign
the Notices of Expropriation and Notices of Possession, and that authority be granted to make formal offer of compensation
pursuant to Section 25 of the Act in the amount of the appraised value, on behalf of the City;
(4) leave be granted for the introduction of the necessary Bill in Council to give effect thereto; and
(5) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.
Council Reference/Background/History:
The previous Metropolitan Council, by its adoption of Clause No. 2 of Report No. 21 of The Financial Priorities
Committee on September 25th and 26th, 1996 (as amended) approved the completion of the Sheppard Subway Project.
Metropolitan Council also authorized the initiation of expropriation procedures for property interests required for the
construction and operation of the Sheppard Subway at Yonge, Bayview and Bessarion Stations.
Notices of Application for Approval to Expropriate Land were served upon the registered owners of the properties
identified in the Schedule, set out herein, in accordance with the Expropriations Act. Any interested party requiring a
Hearing of Necessity had thirty (30) days from the date of service of the Notice to request a Hearing. None of the owners
served requested such a Hearing.
Comments and/or Discussion and/or Justification:
Council, in order to finalize the expropriation of the property interests, must approve the expropriation and must register
within three (3) months after the granting of approval, an Expropriation Plan and serve the registered owners within thirty
(30) days after the date of registration of the plan with a Notice of Expropriation. Possession of the lands cannot be
obtained until ninety (90) days after the Notice of Expropriation, and only if an offer of compensation is served upon the
owner.
All owners have been contacted and settlements are being negotiated. However, because of the timing, the expropriations
should be approved in order to ensure that there is no delay in obtaining possession of the properties. In some
circumstances the owners are willing to negotiate an Agreement of Purchase and Sale; however, to protect the interests of
their commercial tenants, they require that the expropriation be approved.
Conclusions:
The expropriation of the lands described on the schedule is considered fair, sound, and reasonably necessary and should be
approved.
Contact Name:
Douglas F. Warning,
Acting Director, Real Estate Division (392-8165).
________
10
Expropriation of Land Sheppard Subway
Dr. Samir Barsoum 573 Sheppard Avenue East
(City Council on March 4, 5 and 6, 1998, adopted this Clause without amendment.)
The Corporate Services Committee recommends the adoption of the following report (February 2, 1998) from the
Commissioner of Corporate Services:
Purpose:
To authorize the execution of Minutes of Settlement with respect to the expropriation of the property interests required for
the Sheppard Subway project.
Funding Sources, Financial Implications and Impact Statement:
Financing has previously been approved by Council and is available in Capital Account No. TC-392.
Recommendations:
It is recommended that:
(1) authority be granted to enter into Minutes of Settlement with Dr. Samir Barsoum, Natalie Barsoum, and Christine
Barsoum, in trust, on terms and conditions detailed 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. 1 of Report No. 16 of the Financial Priorities Committee (as amended) on October 8 and 9,
1997, the previous Metropolitan Council approved the expropriation of the property located at 573 Sheppard Avenue East.
Comments and/or Discussion and/or Justification:
The Barsoum property located at 573 Sheppard Avenue East comprises a brick, single family residence located at the
southeast corner of Tennyson Gardens and Sheppard Avenue East and is used as a dental office by Dr. Samir Barsoum. The
site contains an area of 5,970 square feet with frontage on Tennyson Gardens of 42.7 feet and frontage on Sheppard Avenue
East of 139.96 square feet.
Since the expropriation of the property, staff have diligently negotiated a settlement agreement with Dr. Barsoum. Pursuant
to the provisions of the Expropriations Act, the owner is entitled to compensation for the market value of the property,
disturbance damages including legal fees and moving expenses, and business loss.
Agreement has now been reached with the owners with respect to a full and final settlement of all claims arising from the
expropriation in the amount of $650,000.00.
The proposed settlement has been reviewed by staff of the Corporate Services Department, Office of the City Solicitor, and
the TTC. The settlement is considered reasonable by all parties involved.
Conclusions:
The proposed settlement agreement with respect to the expropriation of the property at 573 Sheppard Avenue East is
considered fair and reasonable.
Contact Name:
Douglas F. Warning,
Acting Director, Real Estate (392-8165).
11
Part of One-Foot Reserve Abutting
Askin Street (Closed) between Highway No. 401 and
Bridgeland Avenue, North York
(City Council on March 4, 5 and 6, 1998, adopted this Clause without amendment.)
The Corporate Services Committee recommends the adoption of the following report (February 2, 1998) from the
City Solicitor:
Purpose:
The purpose of this report is to obtain authorization to convey to Her Majesty the Queen, in right of the Province of
Ontario, as represented by the Minister of Transportation for the Province of Ontario a portion of a one-foot reserve laid out
on Plan of Subdivision 2233 NY.
Funding Sources, Financial Implications and Impact Statement:
There are no municipal costs associated with this matter.
Recommendations:
It is recommended that:
(1) Council declare that the subject lands are surplus to the needs of the City and that the conveyance of the subject lands
being part of the One-foot Reserve, Plan 2233 NY, designated as Part 3 on Reference Plan 64R-15303, be approved; and
(2) the appropriate City officials be authorized and directed to take the necessary actions to give effect thereto.
Council Reference/Background/History:
A request has been received from Ontario Realty Corporation on behalf of the Ministry of Transportation for the
conveyance of the subject one-foot reserve to the Ministry of Transportation. A sketch of the subject lands is attached.
Ontario Realty Corporation is in the process of selling the Ministry's surplus lands on Bridgeland Avenue just west of
Dufferin Street, which transaction is scheduled to close on March 27, 1998. It appears that this one-foot reserve runs
north/south through the Ministry's parcel and as a result, Ontario Realty Corporation has requested this conveyance in order
to facilitate the sale of the Ministry's lands.
Comments and/or Discussion and/or Justification:
The one-foot reserve was conveyed to the City as part of the registration of Plan of Subdivision Number 2233 in all
likelihood to control access to Askin Street from the abutting lands. Askin Street is now part of the land holdings of the
Ministry of Transportation and is no longer required for road purposes. The Ministry of Transportation has indicated that
these lands are surplus and will be sold. As the one-foot reserve is no longer necessary to control access to Askin Street, it
should be conveyed to the abutting owner, Ministry of Transportation, for nominal consideration.
Conclusions:
It is appropriate to convey this land to the abutting owner to be sold in conjunction with surplus Ministry of Transportation
lands.
Contact Name:
Catherine M. Conrad, Senior Solicitor, North York
Telephone: 395-7061
Fax: 395-7056
(A copy of the map attached to the foregoing report is on file in the office of the City Clerk.)
12
Lease of Ground Floor Space at 111 Wellesley Street East,
City of Toronto (Ward - Downtown)
(City Council on March 4, 5 and 6, 1998, adopted this Clause without amendment.)
The Corporate Services Committee recommends the adoption of the following report (January 28, 1998) from the
Commissioner of Corporate Services:
Purpose:
To lease the subject property to 1133708 Ontario Limited.
Funding Sources, Financial Implications and Impact Statement:
This lease will generate revenue of approximately $132,000.00 plus realty taxes for the term of the lease.
Recommendations:
It is recommended that:
(1) the City of Toronto enter into a lease agreement with 1133708 Ontario Limited on the terms and conditions outlined in
this report and in the form acceptable to the City of Toronto 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:
Metropolitan Council, by the adoption of Clause No. 26 of Report No. 30 of The Management Committee Report No. 30,
on July 7 and 8, 1993, approved the acquisition of the commercial portion of the property located at 111 Wellesley Street
East. The previous tenant of the ground floor space has since been terminated and the space containing approximately
111.48 square metres (1,200 square feet) of usable area is now vacant and available for lease to another tenant.
Comments and/or Discussion and/or Justification:
Negotiations were conducted with Mr. Suck-Kwon Yoon of 1133708 Ontario Limited, 100 Banmoor Boulevard,
Scarborough, Ontario M1J 2Z6, and agreement has been reached on the following terms and conditions:
(1) Leased Premises:
A ground floor commercial unit at the address municipally known as 111 Wellesley Street East, in the City of Toronto.
(2) Area of Leased Premises:
The useable area of leased premises is approximately 111.48 square metres (1,200 square feet).
(3) Lease Term:
Five (5) years from Commencement Date, with an option to renew for a further five (5) years, subject to the same terms and
conditions, except the net rent which shall be the then market rent.
(4) Commencement Date:
First day of the month following the execution of the Lease.
(5) Rent:
(i) Net Rent:
The greater of a base rent of $2,200.00 per month, net, or a percentage rent of 7 percent of the gross annual sales/revenue
when the gross annual sales/revenue exceeds $700,000.00.
The Tenant shall, at its expense, submit to the Landlord an audited statement of its gross annual sales/revenue at the end of
each 12-month period.
(ii) Additional Rent:
The Tenant shall pay all applicable taxes (including but not limited to realty and business taxes and G.S.T.) and all
operating expenses related to the operation and maintenance of the leased premises and proportionate share of operating
costs of the building and common areas, including but not limited to: cost of all utilities and services; garbage disposal;
exterior window cleaning (4 times a year); structural repairs, improvements, additions or alterations to the building and
installation, repair, maintenance and replacement of any electrical, mechanical, plumbing, heating, ventilation and
air-conditioning equipment and systems existing or which the Tenant may install.
(6) Use:
The leased premises shall not be used for any purpose other than a variety store. The Tenant, at its sole expense, shall
obtain necessary zoning, if required, for its intended use(s) and proof of such shall be submitted to the Landlord.
(7) Hours of Operation:
The Tenant's operation shall be conducted and open to the public within the following hours:
Monday through Sunday - 6:00 a.m. to 12:00 midnight.
(8) Washrooms:
The building's common washrooms are to be used by the tenant and its staff only. The tenant shall be responsible to secure
the access and prevent the use by the patrons of the store. The Tenant shall, at its expense, install and provide all necessary
washroom(s) for its patrons inside the leased premises, if required by law, and shall be responsible, at its sole expense, for
the repairs and maintenance of the washroom(s) within the leased premises.
(9) No smoking will be permitted in the leased premises and/or the building.
(10) Equipment:
The Tenant shall, at its sole expense, be responsible for the provision, installation, maintenance, and servicing of all
fixtures and equipment required for its business. The Tenant acknowledges and agrees that the existing fixtures and
equipment currently located with the Leased Premises do not belong to the City and may be removed at any time. If the
Tenant requires the use of similar equipment, it must obtain same at its sole expense. The landlord does not warrant that the
Equipment is in good working order or that it is fit for the purpose intended. The Tenant shall, at its sole expense and risk
satisfy itself as to the condition(s) of all existing Equipment and be responsible for the maintenance of such Equipment, and
shall indemnify the Landlord and save it harmless from any and all suits, claims, demands, actions, damages, liability, cost
suffered by the Tenant or the Landlord as a result of the Tenant's action(s) or omission(s) in connection to the use and
maintenance of the Equipment or the Equipment's presence at the leased premises.
(11) The Tenant shall accept the leased premises in an "as is" condition and the Tenant must satisfy itself, at its own
expense, that the Tenant's intended use complies with the existing Zoning By-Law(s), Building Code(s), Fire Code(s), and
all other applicable rules and regulations. The Tenant is to be responsible, at its sole expense, for any and all improvements
required, subject to clauses 12 and 23 herein.
(12) Tenant's Improvements/Maintenance:
(i) The Tenant, as of the Commencement Date, may, at its sole expense, repair, improve, or renovate the property to suit its
intended use subject to the written approval of the Commissioner of Corporate Services (hereinafter called "the
Commissioner");
the Tenant shall not install any signage or perform any repair, improvement, renovation, addition, decoration or
re-decoration or other work without first submitting detailed plans and specifications to the Commissioner for written
approval;
the Tenant warrants and will ensure that all improvements, building systems, equipment and all materials used shall
conform to all building codes, material codes, rules, regulations, standard laws and by-laws whether Federal, Provincial or
Municipal, relating to design, construction, safety;
in the event that any of the Tenant's work requires boring hole(s) on the ground for plumbing or piping purposes and/or any
works in connection with the heating/air conditioning system(s), such work(s) shall be co-ordinated with Landlord's
Facilities Management and at the Landlord's sole discretion, such work(s) shall be done by Landlord's contractor(s) at the
Tenant's expense;
the Tenant agrees to install, at its sole expense, any ventilation/exhaust system(s) deemed necessary by the Commissioner,
at its sole discretion acting reasonably; and
the Tenant shall not commence any work prior to the execution of the Lease;
(ii) upon expiry or early termination of the Lease, all leasehold improvements shall become the property of the Landlord.
At the sole discretion of the Landlord, the Tenant may be required, at its expense, to remove some or all leasehold
improvements and/or restore the leased premises to the condition as of the Commencement Date with all damages repaired
all to the satisfaction of the Commissioner;
(iii) upon expiry or early termination of the Lease, the Tenant agrees to waive any claim for compensation and/or
reimbursement for any of its improvement or maintenance costs; and
(iv) the Tenant shall at all times, at its own expense, keep the leased premises, its contents and all leasehold improvements
in a neat and tidy condition, painted and decorated, and in good and substantial repair subject to normal wear and tear. The
Tenant shall make all needed repair and replacements and perform all necessary painting, decorating, re-decorating , repairs
and replacement with due diligence and dispatch.
(13) Janitorial Services:
The Tenant shall, at its sole expense, provide all janitorial and cleaning services to the leased premises and remove any
excess debris in the common areas, as deemed necessary by the Commissioner, caused by its patrons or staff.
(14) No storage or use of hazardous or environmentally sensitive materials will be permitted on the leased premises.
(15) The Tenant shall protect all public works' services and/or utility easements that may encumber the property, and shall
be liable for any damage to such by its action(s) or omission(s).
(16) The Tenant shall ensure that nothing is done or kept at or on the leased premises which is or may be a nuisance, or
which causes disturbance, damage to or interference with normal usage of any adjoining property.
(17) The Tenant shall not install any equipment or carry on any operation at the leased premises in such way as to increase
the insurance risk.
(18) The Tenant shall obtain Liability Insurance of not less than $3,000,000.00 in amount, with the City of Toronto shown
as an additional insured and with Cross-Liability and Waiver of Subrogation clauses. Certificate of such Insurance shall be
provided to the Landlord, prior to execution of the Lease.
(19) During the term of the Lease and any renewal thereof, the Tenant shall be responsible, at its sole expense, for the
upkeep and maintenance of its portion of the walkways and areaways including clearing of obstructions, snow/ice clearing
and keeping areaways closed and properly guarded.
(20) During the term of the Lease or any renewal thereof, the Tenant, at its sole expense, shall be responsible for
compliance with all current Municipal, Provincial and Federal laws, by-laws, rules and regulations and shall obtain all
necessary permits and licences that may be required for the use and renovation of the leased premises and shall save the
Landlord harmless from any liability or cost suffered by the Tenant or the Landlord as a result of the Tenant's failure to so
comply. At the request of the Landlord, the Tenant shall be required to submit proof of such compliance.
(21) (i) The Tenant shall, at all times, indemnify and save harmless the Landlord 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 or any successor legislation) made or brought against, suffered by or imposed on the
Landlord or its property in respect of any loss, damage or injury (including fatal injury) to any person or property
(including, without restriction, employees, agents and property of the Landlord or of the Tenant) directly or indirectly
arising out of, resulting from or sustained as a result of the Tenant's occupation or use of the leased premises or any
operation in connection with the leased premises or any fixtures or chattels thereon; and
(ii) the Tenant shall, at all times, indemnify and save harmless the Landlord from and against any and all claims, demands,
losses, costs, charges, actions and other proceedings whatsoever under the Construction Lien Act, or any successor
legislation, in connection with any work done for the Tenant at or on the leased premises and shall promptly see to the
removal, from the registered title to the leased premises, of every claim for lien and certificate of action having to do with
such work.
(22) During the term of the Lease, the Tenant shall keep the leased premises in a neat and tidy condition; and at the
termination of the Lease or any renewal or extension thereof, the Tenant shall, at its sole expense, remove such fixture(s),
equipment and debris as the Landlord may require and repair all damage caused by its occupation and use of the leased
premises, reasonable wear and tear excepted.
(23) In the event that the Tenant is going to renovate the leased premises, at the sole discretion of the Commissioner, the
Tenant shall be required, at its sole expense, to provide the following:
(a) An estimate of the total cost of the proposed works;
(b) a revolving letter of credit as may be required from time to time in an amount or amounts sufficient to secure lienable
contracts entered into from time to time for the supply of services and materials to the property, in a form and content
satisfactory to the Commissioner and/or the City of Toronto Solicitor. It is understood that the revolving letter of credit will
be designed to provide the security as aforesaid throughout such phases of construction and/or renovation as may be
reasonably agreed between the Commissioner and the Tenant, provided, however, that subsequent phases of the
construction and/or renovation shall not commence until the Commissioner is satisfied that the previous phase has been
satisfactorily completed and all lienable contracts have been paid in full. In any event, an amount equal to 10 percent of the
initial amount of the letter of credit for each respective phase shall be held back for not less than 45 days following the
completion of each construction and/or renovation phase. The Landlord then shall examine title of the property and upon
satisfying itself of no registered lien(s) relative to the construction and/or renovation shall release the held back funds
forthwith;
(c) evidence of insurance coverage in an amount to be determined by the Finance Department, acting reasonably and in
form and content satisfactory to the City of Toronto Solicitor; and
(d) proof of performance, material and labour payment bond from its contractor(s).
(24) During the renovation period, the Tenant shall indemnify the Landlord from and against any and all manner of claims,
demands, charges and other proceedings whatsoever brought against directly or indirectly or imposed on the Landlord or its
property in respect of any loss, damage or injury (including fatal injury) to any person or property in connection with the
renovation of the leased premises in a form satisfactory to the Commissioner and/or the City of Toronto Solicitor.
(25) The Tenant shall not enter into any contracts lienable against leased premises or the Landlord's property for the supply
of services and/or materials to the property without the consent of the Commissioner.
(26) The Tenant shall not sublet or assign without written consent from the Landlord and such consent shall not be
unreasonably withheld.
(27) In the event the Lease is not executed by the Tenant within 6 months from the date of approvals by City Council of this
agreement, at the Landlord's sole discretion, this agreement may become null and void.
(28) Upon the earlier of the execution of the Lease or the Commencement of the Lease, the Tenant shall pay to the
Landlord the first month's rent and a deposit of an amount equal to three (3) months' rent. Such deposit may be paid by
certified cheque or Letter of Credit from a bank in a form satisfactory to the City of Toronto Solicitor, and it shall bear no
interest. The deposit is to be applied to costs incurred by the Landlord, in the event of the Tenant's default, including but
not limited to legal and administrative costs to collect rent in arrears, clean-up, repair and remediation of the leased
property.
(29) The Tenant, if so required by the Commissioner, shall, at its sole expense, provide satisfactory proof of financial
ability to operate a business on the leased premises and/or personally guarantee the covenants of the Lease.
(30) All documentation shall be in the Landlord's standard form and, notwithstanding any terms and conditions contained
or not contained in this proposal, shall be in a form and content satisfactory to the City of Toronto Solicitor.
(31) The City of Toronto will not pay any real estate commissions associated with this transaction.
Conclusions:
In my opinion, these terms and conditions are fair and reasonable.
Contact name and Telephone Number:
Mr. Tony Pittiglio (392-8155)
Manager of Property Services
(A copy of the maps attached to the foregoing report are on file in the office of the City Clerk.)
13
Consent for Refinancing Leasehold Interest,
Soccer City (Etobicoke) Inc. (Markland-Centennial - Ward 4)
(City Council on March 4, 5 and 6, 1998, adopted this Clause without amendment.)
The Corporate Services Committee recommends the adoption of the following report (January 28, 1998) from the
Commissioner of Corporate Services:
Purpose:
To authorize the appropriate City officials to provide consent as Landlord to Soccer City (Etobicoke) Inc., the City's
Tenant, to allow the Tenant to refinance its leasehold interest.
Funding Sources, Financial Implications and Impact Statement:
The proposed Consent Agreement provides that the City agree to a Waiver of Distraint where the Landlord (City)
specifically waives its right to distrain against the chattels and fixtures of the Tenant in favour of any rights which the bank
may have as security for the loan.
Recommendations:
It is recommended that:
(1) the appropriate City officials be authorized to take all steps necessary to consent to refinancing by Soccer City
(Etobicoke) Inc., of its leasehold interest, and agree to a Waiver of Distraint against the chattels and fixtures of the Tenant
in favour of the bank; and
(2) the requisite documentation be signed by the appropriate signing authorities for the City of Toronto.
Council Reference/Background/History:
By virtue of a long-term (25-year) ground lease, Soccer City (Etobicoke) Inc., constructed an indoor soccer facility at 5429
Eglinton Avenue West, in 1988 on land owned by the former City of Etobicoke.
A portion of Soccer City's private sector financing for the project was provided by a loan from the Business Development
Bank of Canada in 1988. At that time, the bank required a Waiver of Distraint from the City in order to protect its security.
The City of Etobicoke consented to the financing of the leasehold interest and the waiver.
The original loan of $300,000.00 has been mostly repaid and Soccer City is seeking new financing of approximately
$100,000.00 from the Business Development Bank. The Tenant is seeking the City's consent and the bank is again
requesting a Waiver of Distraint.
Comments and/or Discussion and/or Justification:
Refinancing is required for the continued operation of the indoor soccer facility which is well utilized by local soccer
enthusiasts.
The Municipality has agreed to similar requests in the past and the request is considered reasonable.
Conclusions:
The request by Soccer City (Etobicoke) Inc., for consent has been submitted by the Tenant pursuant to paragraph 16.05 of
its lease entered into with the former City of Etobicoke.
The request for consent and the attendant request for a Waiver of Distraint are deemed to be reasonable and acceptable.
Contact Name:
Frank Bedard, Telephone: (416) 394-8096 Fax: (416) 394-8895
14
Parkland Dedication Requirement
Seneca College of Applied Arts & Technology
1750 Finch Avenue East - Permit No. B-9704254
File No. 97-031-02 FA57 (Seneca Heights - Ward 12)
(City Council on March 4, 5 and 6, 1998, adopted this Clause without amendment.)
The Corporate Services Committee recommends the adoption of the following report (January 19, 1998) from the
Commissioner of Corporate Services:
Purpose:
To accept payment in lieu of parkland for a property appraised at more than $1 million, according to the procedures of the
former municipality of North York, for lands at Finch Avenue East and Highway No. 404, see map in Appendix 'A'.
Recommendations:
It is recommended that:
(1) the City accept the sum of $80,000.00 to satisfy the five percent cash in lieu requirement;
(2) these funds be credited to Account No. 007-420-0008-9110 (five percent cash contribution in-lieu of land);
(3) the Commissioner of Parks and Recreation of the former municipality of North York advise the applicant and the
Building Commissioner accordingly; and
(4) the appropriate City officials be authorized to do all things necessary to give effect thereto.
Comments:
In accordance with the administrative procedures of the former municipality of North York to be used for Section 42 of the
Planning Act, Council must approve the five percent and two percent cash-in-lieu contribution where the appraised value is
in excess of one million dollars.
The development proposed on the site is a fifteen storey student residence having 353 units and a gross floor area of
261,518 square feet. The development includes 86 parking spaces in close proximity to the building.
An appraisal report has been prepared by Rudi Pestl AACI, staff appraiser. The standard cash-in-lieu contribution of five
percent of the market value of the vacant land for this residential component of the project is $80,000.00. The cash-in-lieu
contributions are based upon an estimated value of $20,600,000.00 for the entire property, as if vacant, as of November 19,
1997. The value of the portion required for the development is $1,600,000.00.
The value expressed herein is valid for a period of three months from the date of acceptance of this report, after which time
the value is subject to review and possible revision by this Department.
Contact Name:
Rudi Pestl, Telephone: 395-6846, Fax: 395-6703.
(A copy of Appendix "A" referred to in the aforementioned report is on file in the office of the City Clerk.)
15
Parkland Dedication Requirement
800 Sheppard Avenue West
Permit No. B-97-04797
File No. 97-036-02 FA57 (North York Spadina - Ward 8)
(City Council on March 4, 5 and 6, 1998, adopted this Clause without amendment.)
The Corporate Services Committee recommends the adoption of the following report (January 19, 1998) from the
Commissioner of Corporate Services:
Purpose:
To accept payment in lieu of parkland for a property appraised at more than $1 million, according to the procedures of the
former municipality of North York, for land located on Sheppard Avenue West, east of the Allen Arterial Road.
Recommendations:
It is recommended that:
(1) the City accept the sum of $894.00 from the developer to satisfy the two percent cash-in-lieu requirement, and the sum
of $57,766.00 to satisfy the five percent cash in lieu requirement;
(2) these funds be credited to Account No. 007-420-0010-9110 (two percent cash contribution in-lieu of land) and to
Account No. 007-420-0008-9110 (five percent cash contribution in-lieu of land);
(3) the Commissioner of Parks and Recreation of the former municipality of North York advise the applicant and the
Building Commissioner accordingly; and
(4) the appropriate City Officials be authorized to do all things necessary to give effect thereto.
Comments:
In accordance with the administrative procedures of the former municipality of North York to be used for Section 42 of the
Planning Act, Council must approve the five percent and two percent cash-in-lieu contribution where the appraised value is
in excess of one million dollars.
The development proposed on the site is a six storey mixed use development comprising 2,850 ft2 (264.75 m2) of
commercial space and 73,683 ft2 (6,845.17 m2) of residential gross floor area, and containing 58 residential units. The total
gross floor area is 76,532 ft2 (7,109.82 m2). Parking is provided for 93 vehicles of which 6 are surface spaces and 87 are
underground.
An appraisal report has been prepared by Rudi Pestl AACI, staff appraiser. The standard cash-in-lieu contribution of two
percent of the market value of the vacant land for the commercial component of the proposed project is $894.00 and the
standard cash-in-lieu contribution of five percent of the market value of the vacant land for the residential component of the
proposed project is $57,766.00. The cash-in-lieu contributions are based upon an estimated value of $1,200,000.00 for the
subject property as of November 10, 1997.
The value expressed herein is valid for a period of three months from the date of acceptance of this report, after which time
the value is subject to review and possible revision by this Department.
Contact Name:
Rudi Pestl, Telephone: 395-6846, Fax: 395-6703
(A copy of the location map attached to the foregoing report is on file in the office of the City Clerk.)
16
Parkland Dedication Requirement
Granite Peak Developments Inc.
East Side of Upwood Avenue
File No. 96-001-S UDSB-1220 (North York Humber - Ward 6)
(City Council on March 4, 5 and 6, 1998, adopted this Clause without amendment.)
The Corporate Services Committee recommends the adoption of the following report (January 19, 1998) from the
Commissioner of Corporate Services:
Purpose:
To accept payment in lieu of parkland for a property appraised at more than $1 million, according to the procedures of the
former municipality of North York, for lands north or Lawrence Avenue West, west of Black Creek Drive, see map in
Appendix 'A'.
Recommendations:
It is recommended that:
(1) the City accept the sum of $84,500.00 from the developer to satisfy the five percent cash in lieu requirement;
(2) these funds be credited to Account No. 007-420-0001-9110 (five percent cash contribution in-lieu of land);
(3) the Commissioner of Parks and Recreation of the former municipality of North York advise the applicant and the
Building Commissioner accordingly; and
(4) the appropriate City officials be authorized to do all things necessary to give effect thereto.
Comments:
In accordance with the administrative procedures of the former municipality of North York to be used for Section 51 of the
Planning Act, Council must approve the five percent and two percent cash-in-lieu contribution where the appraised value is
in excess of one million dollars.
The subject property comprises 2.984 acres and is proposed to be subdivided into twelve semi-detached single family
residential lots for a total of 24 residences.
An appraisal report has been prepared by Rudi Pestl AACI, staff appraiser. The standard cash-in-lieu contribution of five
percent of the market value of the vacant land, for the proposed residential subdivision is $84,500.00. The cash-in-lieu
contributions are based upon an estimated value of $1,690,000.00 for the subject property as of December 8, 1997, being
one day prior to draft approval.
The value expressed herein is valid for a period of three months from the date of acceptance of this report, after which time
the value is subject to review and possible revision by this Department.
Contact Name:
Rudi Pestl, Telephone 395-6846, fax 395-6703
(A copy of Appendix "A" referred to in the foregoing report is on file in the office of the City Clerk.)
17
Procedure - Reporting to the Former City Council of North York
Regarding Payment of
Parks Levy for Properties Valued Over $1,000,000.00
(City Council on March 4, 5 and 6, 1998, adopted this Clause without amendment.)
The Corporate Services Committee recommends the adoption of the following report (February 4, 1998) from the
Commissioner of Corporate Services:
Purpose:
To eliminate the administrative procedure, established by the former City of North York, of requiring City Council
approval of the parks levy amount to be charged for projects where the property is valued over $1,000,000.00, in order to
expedite the issuance of building permits.
Source of Funds:
None
Recommendation:
It is recommended that the administrative procedure for the former City of North York requiring City Council approval of
the amount of the cash-in-lieu of properties valued at over $1,000,000 be discontinued.
Comments:
The former City Council of North York, when it introduced a parks levy by-law, established a procedure that all
cash-in-lieu amounts for the parks levy for a project be reported to City Council. Then, to improve processing times for
smaller projects, the Council on February 9, 1987, adopted the report of the Commissioner of Property to the Board of
Control dated January 13, 1987, regarding administrative procedures for the parks levy process. It delegated authority as
follows:
"The Commissioner of Property be delegated the authority to determine the amount of the cash-in-lieu of land in cases
where the appraised value is $1,000,000.00 or less without confirmation from City Council."
As a result of this process, three reports are included in the agenda for the Corporate Services Committee meeting of
February 16, as they are for properties valued at more than $1,000,000.00.
In all the other former municipalities, the Commissioner of Property or equivalent position was responsible for determining
the appraised value for all properties and no further approval was required. Deleting the requirement for approval by City
Council will expedite the issuance of building permits for projects on properties valued at over $1,000,000.00.
Contact Name:
Cathie Macdonald - Interim Lead Real Estate
(416)392-0449, Fax (416) 392-0029
18
Tax Arrears - Rochelle Litman
16 Portsmith Road, NY No. 08 2 011 00100
RCS - AT40
(City Council on March 4, 5 and 6, 1998, adopted this Clause without amendment.)
The Corporate Services Committee recommends the adoption of the following report (February 9, 1998) from the
Chief Financial Officer and Treasurer:
Purpose:
I am in receipt of a letter from Ms. Rochelle Litman who is requesting an Extension Agreement of the above property on
behalf of herself, pursuant to the provisions of the Municipal Tax Sales Act.
Funding:
None Required.
Recommendation:
It is recommended that Council enact the attached By-law to approve an extension of the redemption date to June 30, 1998,
in accordance with the provisions of the Municipal Tax Sales Act.
Issue
The last date of redemption on this property is March 26, 1998. The property owner is not in a position to pay the
cancellation price on or before this time. She has requested an extension of the period to pay the amount owing to June 30,
1998.
Discussion
The Municipal Tax Sales Act allows for a Tax Arrears Certificate to be registered on title when taxes are outstanding for
any part of three years. On March 26, 1997, a Tax Arrears Certificate was registered against the above property as taxes
from 1993 to 1996 inclusive were outstanding. At the time of the registration, the outstanding balance including all interest
to December 31, 1996, was $34,006.90. The balance owing at the expiry of the one year term, being March 26, 1998, is
$51,690.10.
The terms as set out for repayment of the tax arrears is the full amount outstanding payable on June 30, 1998, which will be
$52,966.06. By this extension of time, the full 1998 tax levy has been levied and pursuant to the Municipal Act, is due and
payable along with any additional registration costs or other charges that may be lawfully added to the taxes.
The Municipal Tax Sales Act permits a municipality to enter into an extension agreement with the property owners, subject
to such terms and conditions relating to payment as may be set out in it, but it cannot reduce the amount of the cancellation
price, or prohibit any person from paying the cancellation price at any time. If the agreement is not fulfilled by the owners,
then the lands are to be sold.
Conclusion:
It is recommended that the attached by-law be enacted to approve an extension of the redemption date to June 30, 1998.
Contact Name:
Margo L. Brunning
Director of Tax Revenue - North York Region
at (416) 395-6789
Fax Number (416) 395-6703
Internet Email Address:fi003mb@city.north-york.on.ca
________
Authority: Standing Committee
Report No. , Date: , 1998
Intended for first presentation to Council:
Adopted by Council:
CITY OF TORONTO
BY-LAW NO:
A by-law to authorize the execution of a tax arrears extension agreement pursuant to section 8 of the Municipal Tax Sales
Act, R.S.O., 1990, c. M.60.
The Council of the City of Toronto HEREBY ENACTS as follows:
1. The City of Toronto shall enter into an agreement with Rochelle Litman, the owner of the land described as Parcel 12-1,
Section M-1452, being Lot 12, Plan 66M-1452, being in the City of Toronto, in the Land Registry Office, against which
land the City registered a tax arrears certificate on the 26th day of March, 1996, to extend the time period in which the
cancellation price payable on this land is to be paid until June 30th, 1998.
2. This agreement shall be in substantially the same form and contain terms and conditions, subject to such amendments as
may be required by the Chief Financial Officer & Treasurer and City Solicitor, as set out in Schedule "A" attached hereto
and forming part of this By-Law.
3. The Clerk and Chief Financial Officer & Treasurer shall be authorized to enter into this agreement on behalf of the City.
4. This By-Law shall become effective as of the date of the final passing hereof.
ENACTED and PASSED by a majority of the members of the Council present and voting this day of , A.D. 1998.
MAYOR NOVINA WONG
CITY CLERK
SCHEDULE "A"
THIS AGREEMENT MADE IN DUPLICATE THIS 6TH, day of March, A.D., 1998
BETWEEN:
CITY OF TORONTO
Hereinafter called the "Corporation"
- AND -
Rochelle Litman
Hereinafter called the "Owner"
WHEREAS the Owner is the owner of the land in the City of Toronto described as the Parcel 12-1, Section M-1452, being
Lot 12, Plan 66M-1452, in the City of Toronto, as set out in Instrument No.A698594 registered in the Land Registry Office
for the Land Titles Division (66).
AND WHEREAS the Owner's land was in arrears of taxes on the 31st day of December, 1996 in the amount of $34,006.90
and a tax arrears certificate was registered in the Land Registry Office, as set out in Instrument No. E0695970, on the 26th
day of March, 1997 in respect of the Owner's land;
AND WHEREAS the Owner's land is in arrears of taxes on the 1st day of March, 1998 in the amount of $51,690.10;
AND WHEREAS under section 8 of the Municipal Tax Sales Act, R.S.O. 1990, c. M.60, a municipality may by by-law
authorize an extension agreement be entered into by the Corporation with owners to extend the period of time in which the
cancellation price in respect of the owners' land is to be paid;
NOW THEREFORE THIS AGREEMENT WITNESSES that, in consideration of the premises and of the covenants and
obligations hereinafter contained, it is hereby agreed as follows:
1. The Corporation hereby extends the period of time in which the cancellation price is to be paid to June 30th, 1998,
providing the Owner is not in default hereunder.
2. Despite any of the provisions of this agreement, the Municipal Act, R.S.O. 1990, c. M.45, as amended, and the Municipal
Tax Sales Act, R.S.O. 1990, c. M.60, as amended, shall continue to apply to the collection and enforcement of all tax arrears
and all taxes, except that the Treasurer and the collector of taxes of the Corporation, without waiving the statutory rights
and powers of the municipality or of the Treasurer, shall not enforce collections of such tax payments by the sale of the
land, during the time that this agreement is in force, so long as the Owner is not in default hereunder.
3. The Owner agrees to pay the Corporation the sums indicated in Appendix 1 attached hereto and forming part of this
Agreement in accordance with the schedule of payments indicated thereon.
4. In the event that the Owner defaults in any payment hereunder or is in default of any covenant or condition hereunder
and such default continues for a period of seven (7) days, the Treasurer shall give the Owner a notice in writing to remedy
the default within a period of seven (7) days from the date of the said notice, and in the event that the Owner fails to
remedy the said default within such period, this Agreement shall become null and void and shall cease to be a subsisting
agreement as of the date of the default of payment, and, in any other case, as of the date of the Treasurer's notice in writing,
and the Owner shall be placed in the position that they were in prior to the entering into of the Agreement.
5. Despite the provisions of paragraph 1, the Owner, or any other person, may on or before June 30th, 1998, pay the balance
of the cancellation price and, upon receipt of the said payment by the Corporation, this agreement shall terminate and the
Treasurer shall forthwith register a tax arrears cancellation certificate.
6. In the event that the cancellation price is not paid by June 30th, 1998, then the Owner agrees to consent to and will not
object to the sale of the land by the City and shall consent to any court orders necessary to permit the City to sell the said
land.
7. This agreement shall extend to and be binding upon and enure to the benefit of the parties and to their respective
successors and assigns.
8. Any notice to be given to the parties hereto shall be sufficiently given if sent by registered or certified post to the
following addresses:
TO THE CORPORATION:
City of Toronto
(Formerly, City of North York)
Finance Department
5100 Yonge Street
North York, Ontario
M2N 5V7
ATTENTION: Mrs. Margo L. Brunning
TO THE OWNER:
Rochelle Litman
16 Portsmith Road
North York, Ontario
M2L 3W8
In WITNESS WHEREOF the Corporation has caused its Corporate seal to be affixed and attested to by its proper signing
officers in that behalf, and the Owner has hereto set their hands and seals as of the day and the year first above written.
SIGNED, SEALED AND DELIVERED
CITY OF TORONTO
per:
W.A. LICZYK
CHIEF FINANCIAL OFFICER & TREASURER
per:
NOVINA WONG
CITYCLERK
OWNER
IN THE PRESENCE OF:
per:
WITNESS ROCHELLE LITMAN
APPENDIX "1"
Calculation of Payments Required
Under Extension Agreement
AMOUNT
1. Outstanding taxes, penalty and interest
charges on TAX ARREARS CERTIFICATE
(to December 31, 1996) $34,006.90
2. Additional taxes levied & interest charges subsequent
to tax sale proceedings (includes 1998 interim levy only)
(January 1, 1997 - June 30, 1998) 18,959.16
Total Estimated Amount to be Paid
Under Extension Agreement $52,966.06
TO BE PAID AS FOLLOWS:
1. 1 payment on June 30, 1998 $52,966.06
$52,966.06
19
Other Items Considered by the Committee
(City Council on March 4, 5 and 6, 1998, received this Clause, for information.)
(a) Standing Committee Briefings.
The Corporate Services Committee reports having:
(1) requested the City Clerk to provide each member of the Corporate Services Committee with a copy of the
overhead presentation submitted by the Commissioner of Corporate Services, entitled "Briefing for Corporate
Services Committee"; and
(2) requested Members of the Committee who have any questions pertaining to the overhead presentation to make
their concerns known at the next meeting of the Corporate Services Committee scheduled to be held on March 30,
1998:
The Corporate Services Committee was again unable to receive the presentation from the Commissioner of Corporate
Services regarding the programs and services under the responsibilities of the Corporate Services Committee.
(b) Re-consideration of Claims,
47 Hounslow Heath Road,
213 Laughton Avenue,
19 Spring Grove Avenue.
The Corporate Services Committee reports having:
(1) requested the City Solicitor to submit a report to the Corporate Services Committee on the implications of a
general policy for paying claims arising from damage to private property by City-owned trees; and
(2) received the following communication and confidential report:
(i) (January 27, 1998) from Councillor Betty Disero, Davenport, advising that the owners of the captioned properties
submitted claims to the former City of Toronto for damages sustained on Monday, September 29, 1997, as a result of a
severe weather storm; attaching for information, correspondence relating to each claim; noting that notwithstanding the
evidence, it was the opinion of the Claims Clerk that "there is no liability on the part of the City and, therefore, unable to
give a favourable consideration to the claims"; further advising that as her constituents would like to appeal this decision,
requesting that this matter be placed on the agenda of the Corporate Services Committee for discussion.
(ii) (February 13, 1998) from the City Solicitor, submitting a confidential report respecting Tree Limb Claims.
________
The following persons appeared before the Corporate Services Committee in connection with the foregoing matter:
- Mr. John Damos;
- Mr. Linvol Folkes; and
- Mr. J. Manzan.
The following Members of Council appeared before the Corporate Services Committee in connection with the foregoing
matter:
Councillor Betty Desaro - Davenport; and
Councillor Dennis Fotinos - Davenport.
(c) Corporate Occupational Health and Safety Policy.
The Corporate Services Committee reports having referred the following report back to the Commissioner of
Human Resources with a request that she submit a further report to the Corporate Services Committee, such report
to include the policy that this Corporate Occupational Health and Safety Policy is replacing:
(February 16, 1998) from the Commissioner of Human Resources proposing a new Corporate Occupational Health and
Safety Policy for the City of Toronto; and recommending that:
(1) the new Corporate Occupational Health and Safety Policy be endorsed; and
(2) this policy be implemented across all City departments and posted in a conspicuous location in each workplace.
(d) Workers' Compensation - Transfer of the Former
City of York from Schedule 1 to Schedule 2.
The Corporate Services Committee reports having recommended to the Budget Committee and Council, the
adoption of the following joint report:
(February 16, 1998) from the Chief Financial Officer and Treasurer, and Commissioner of Human Resources proposing a
recommendation to create one uniform Workers' Compensation funding mechanism for the City of Toronto, as required by
the Workplace Safety and Insurance Board.
(e) High-Speed Network for the City of Toronto.
The Corporate Services Committee reports having:
(1) recommended to the Budget Committee and Council, the adoption of the report (February 2, 1998) from the
Commissioner of Corporate Services;
(2) requested the Chief Financial Officer to submit a report directly to Council for its meeting scheduled to be held
on March 4, 1998, clarifying the benefits to be achieved by implementing this high-speed fibre network; and
(3) requested the Special Committee to Review the Final Report of the Toronto Transition Team to consider a more
streamlined process for dealing with budget items that require Budget Committee approval prior to final approval
of the Operating and Capital budget and report thereon to Council:
(February 2, 1998) from the Commissioner of Corporate Services seeking approval to implement a High-Speed Fibre
Network to support the business and operating practices of the City of Toronto.
(f) Tax Manager 2000 - Purchase/Upgrade of Desktops.
The Corporate Services Committee reports having recommended to the Budget Committee, and Council that the
following report be approved in principle; and further, that the Commissioner of Corporate Services be requested
to submit a report directly to Council for its meeting scheduled to be held on March 4, 1998, on the relative merits
of purchasing versus leasing the workstations:
(February 2, 1998) from the Commissioner of Corporate Services seeking authority to acquire workstations for the
implementation of the new tax system for the City of Toronto; advising that this being part of the new tax system, it should
be funded through the Transition fund; and recommending that desktop workstations and upgrades to support the
implementation of the new Tax Administration System, Tax Manager 2000, be purchased; at a cost not to exceed
$150,000.00.
(g) Mapping Workstation Replacement.
The Corporate Services Committee reports having recommended to the Budget Committee and Council, the
adoption of the following report:
(February 2, 1998) from the Commissioner of Corporate Services seeking authority to purchase five new graphics
workstations for the Geomatics Service Section (Scarborough) to replace old, outdated equipment purchased in early, 1991;
advising that funding to be provided from the 1998 Information Technology capital account; and recommending that five
(5) graphics workstations be purchased for the Geomatics Section (Scarborough) to replace the existing RS6000
workstations at a total price not to exceed $42,000.00, including all applicable taxes.
(h) Capital Budget Funding for Facilities.
The Corporate Services Committee reports having deferred consideration of the following report until such time as
the Committee gives consideration to the Capital Budget:
(February 2, 1998) from the Commissioner of Corporate Services providing information on the funding required for capital
maintenance for the City of Toronto's facilities; and recommending that:
(1) funding, in the amount of $19.2 million be provided in the 1998 Capital Budget at a minimum to cover the critical
health and safety issues, conditions which, if not immediately addressed, could lead to costly damage and deterioration of
municipal properties, as well as to actions to eliminate conditions which lead to energy waste thus creating energy savings,
as identified in the body of this report; and
(2) the Commissioner of Corporate Services report to the Corporate Services Committee, within six months, on a
comprehensive long term strategy for the capital maintenance of all the property assets of the new City of Toronto,
including alternative funding arrangements.
(i) Renewal of Lease Agreements for a Children's Services
Division Field Office at 700 Lawrence Avenue West, Unit 226.
The Corporate Services Committee reports having withdrawn the following report at the request of the
Commissioner of Corporate Services having regard that the renewal of the lease agreement is no longer necessary as
the Children's Services Division Field Office presently located at 700 Lawrence Avenue West can be relocated to the
former City of York municipal building at 2700 Eglinton Avenue West:
(February 2, 1998) from the Executive Commissioner of Corporate Services respecting the lease renewal with Maron Land
Development Inc., for the use of 364.35 square metres (3,922 square feet) of space at Lawrence Square - 700 Lawrence
Avenue West.
(j) Renewal of Leases for Child Care Centres at O'Connor,
Emery and Shoreham Public Schools in North York.
The Corporate Services Committee reports having recommended to the Budget Committee and Council, the
adoption of the following report:
(January 30, 1998) from the Commissioner of Corporate Services respecting the renewal of leases with the Toronto
District School Board (formerly The Board of Education for the City of North York).
(k) 1997 Parking Tax Issuance - December.
The Corporate Services Committee reports having:
(1) requested the Chief Financial Officer and Treasurer to submit a report to the Corporate Services Committee
providing a geographic breakdown showing the locations where the parking tags were issued in 1997, based on the
six former Area Municipalities; and
(2) received the following report:
(January 16, 1998) from the Chief Financial Officer and Treasurer advising that Metropolitan Council, on February 17 and
18, 1993, adopted Clause No. 1 of Report No. 9 of the Management Committee, as amended, wherein it is recommended
"that the Metropolitan Treasurer submit a monthly report to the Management Committee on the operational results of
Parking Tag Operations regarding the number of tags issued and collected, staffing and expenditures and revenue and
deviations thereof, together with a projected total year position"; that this report reflects parking enforcement and collection
activities of the Corporation for the period ending December 31, 1997; attaching the following schedules:
Schedule 1 Monthly Tag Issuance, Collection Rate and Revenue for 1997;
Schedule 2 Collection Rate Activity for Tags Issued in Prior Years;
Schedule 3 Cash Collected Against Receivables for the Years 1989-1996;
Schedule 4 Trial Request and Conviction Rate Details; and
Schedule 5 Summary of Expenditures for Parking Tag Operations; and
recommending that this report be received for information.
(l) Results of the Election of Members to the Boards of Trustees of the
Metropolitan Toronto Police Benefit Fund and the Metropolitan
Toronto Pension Plan and to the Metropolitan Toronto Police
Benefit Fund Committee.
The Corporate Services Committee reports having received the following communication:
(January 16, 1998) from the Interim Contact, Metropolitan Toronto Police Benefit Fund and Metropolitan Toronto Pension
Plan, advising that The Boards of Trustees of the Metropolitan Toronto Police Benefit Fund and the Metropolitan Toronto
Pension Plan at their respective meetings held on January 16, 1998, had before them a report dated January 6, 1998, from
the City Clerk, advising of the results of the election to select the employee representative and the pensioner representatives
on the Board of Trustees of the Metropolitan Toronto Pension Plan, and the officer and pensioner representatives on the
Board of Trustees of the Metropolitan Toronto Police Benefit Fund and on the Police Benefit Fund Committee, to hold
office for the year 2000; and that the Boards, respectively, received the aforementioned report and directed that it be
forwarded to the Corporate Services Committee for information.
(m) 495 Sherbourne Street - Acquisition for a
Multi-Service Community Facility
(Ward 25 - Don River).
The Corporate Services Committee reports having recommended to the Budget Committee and Council, the
adoption of the following report:
(January 29, 1998) from the Commissioner of Corporate Services requesting City Council approval respecting the
acquisition of the property municipally known as 495 Sherbourne Street.
(n) Development of a Policy Manual.
The Corporate Services Committee reports having requested the City Clerk to develop a policy manual, for use by
Councillors and staff, that includes all policies developed by City Council.
Respectfully submitted,
DICK O'BRIEN,
Chair
Toronto, February 16, 1998
(Report No. 2 of The Corporate Services Committee, including additions thereto, was adopted, as amended, by City
Council on March 4, 5 and 6, 1998.)
