June 7, 1999
To:Administration Committee
From:Commissioner of Corporate Services
Subject:197 Yonge Street - Proposed Encroachment Agreement (Ward 24- Downtown)
Purpose:
To obtain authority for the City to enter into an encroachment agreement with Corby Distilleries Limited.
Financial Implications:
The standard one-time fee of $350.00 will be generated.
Recommendations:
It is recommended that:
(1)authority be granted to enter into an encroachment agreement with Corby Distillieries Ltd. subject to the terms and
conditions as set out in the body of this report;
(2)that the City Solicitor be authorized to prepare the necessary documentation; and
(3)the appropriate officials be authorized and directed to take the necessary action to give effect thereto.
Background:
Corby Distilleries will be affixing a set of murals to the north and south faces of its building located at 193 Yonge Street.
As part of this procedure, they propose to attach lighting to the rooftop of the building in order to illuminate the murals
after dark.
The proposed roof top lights will extend into the air space of the City-owned building at 197 Yonge Street. Accordingly,
Corby Distilleries Ltd. is requesting the City's permission to encroach into its air space.
Comments:
I have no objection to the encroachment provided:
(1)Corby Distilleries Ltd. agrees to:
a)payment of a one-time administration fee for $350.00;
b)provide a general indemnity;
c)provide a comprehensive general liability, all risks insurance in the amount of $2,000,000.00 per occurrence, and other
insurance satisfactory to the Chief Financial Officer and City Treasurer;
(2)the term of the encroachment shall be the earlier of the lifetime of the encroachment or the City or any future owner
providing seven (7) days written notice to remove the light fixtures;
(3)the design of the lights and extent to which they extend into the City's air space shall be subject to the Commissioner
of Corporate Services approval in her absolute discretion; and
(4)any other terms and conditions the City Solicitor may deem necessary.
It is noted that a report on the possible sale of this property is also being considered by the Administration Committee and
the approval of this request for an encroachment will not impact on the sale of the property.
Conclusion:
I am of the opinion that the request for an encroachment is reasonable.
Contact Name:
Vinette Brown, Property Manager, Telephone No. 392-7138, Fax No.392-1880, E-mail vbrown@toronto.ca,
(ac99092.wpd)
Margaret Rodrigues
Commissioner of Corporate Services
