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August 20, 1999

To:Administration Committee

From:Acting Commissioner of Corporate Services

Subject:Sale of 80 Turnberry Avenue

(Ward 21 - Davenport)

Purpose:

To authorize the sale of the property known municipally as 80 Turnberry Avenue.

Financial Implications:

Revenue of $2,607,000.00 less real estate commission (3%), and the usual adjustments on closing is anticipated.

Recommendations:

It is recommended that:

the Acting Commissioner of Corporate Services or the Executive Director of Facilities and Real Estate be authorized to accept the Offer to Purchase in the amount of $2,607,000.00 as submitted by 1298396 Ontario Limited;

the Chief Financial Officer in consultation with the Acting Commissioner of Corporate Services be authorized to direct a portion of the sale proceeds on closing to fund the expropriation of 11 Hounslow Heath Road;

the City Solicitor be authorized and directed to take appropriate action to complete the transaction and be further authorized to amend the closing date to such earlier or late date considered reasonable; and

the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Background:

80 Turnberry Avenue is a vacant site of approximately 3.78 acres in the St. Clair West/Weston Road area. The site was acquired by the former City of Toronto in April 1994 for non-payment of taxes.

Details of the property are set out below:

Property Address:80 Turnberry Avenue

Legal Description:Part of Township Lot 35, Concession 3 from the Bay, City of Toronto,

being Parts 1-4 inclusive, Plan 64R-16034

Lot Size:83.82 metres (257 feet) frontage on the north side of Turnberry

Avenue, 224.33 metres (736 feet) depth

Zoning:I3D5

Improvements:None

The property was offered for sale through JDF Realty Ltd. in November 1998. Eight (8) offers were received. Two of those offers were substantially higher than the remaining proposals. A series of amendments to the two highest offers led to the Corporate Services Committee directing staff to provide each of the eight prospective purchasers one final opportunity to submit a final offer. Of the eight original offerors, three responded to the City's invitation to resubmit an offer. All contained the same condition that the purchasers be permitted to conduct a site investigation during a 45 day due diligence period.

At the meeting held on March 2, 3 and 4, 1999, Council accepted the highest offer to purchase from 1298396 Ontario Limited in the amount of $2,707,000.00. After having undertaken additional soil testing and during the due diligence period the purchaser exercised its right to terminate the agreement advising that the results of their site investigation revealed the cost of site clean-up exceeded their expectations. They did agree to provide staff with a copy of their consultants environmental report and the estimated costs of site remediation.

It was determined by staff that, in order to expedite the process, the original eight offerors should once again be permitted to bid on the property. However, as full environmental information was now available, the Agreement of Purchase and Sale was amended to reflect a fully unconditional sale. With the permission of the consultants and the owner of the environmental report staff advised the original eight offerors of the availability of the property and of the further environmental report which was made available for review prior to the submission of offers. An information package including an "offer to purchase" form was sent to each with a further invitation to bid on the property. Three offers were received by the deadline date August 19, 1999 and are summarized on the following page.

The highest offer from 1298396 Ontario Limited is recommended for acceptance. The offer is summarized as follows:

Purchaser:1298396 Ontario Limited

Amount of Offer:$2,607,000.00

Deposit:$500,000.00

Intended Use:Residential redevelopment

Acceptance Date Deadline:October 28, 1999

Closing Date:45 days from acceptance date

Conditions:None

Commission:Three (3) percent plus G.S.T. payable on closing of the transaction.

Conclusions:

Completion of this transaction as detailed herein is considered fair and reflective of market value.

Contact Name:

Roland Mayr, Facilities & Real Estate (416)392-1166, Fax No.: (416)392-1880. (ac99132)

Brenda Glover

Acting Commissioner of Corporate Services

80 TURNBERRY AVENUE

Summary of Offers Received February 23, 1999
Offer Purchaser Offering Price Deposit Closing Conditions

1.

1298396Ontario Limited $2,607,000.00 $500,000.00 45 days after acceptance None

2

Green Banner Developments Ltd. $2,050,000.00 $205,000.00 30 days after acceptance None

3

John Paul Cruz In Trust $1,200,000.00 $120,000.00 Oct. 29, 1999 Agreement subject to approval by Purchasers Solicitor 10 business days after acceptance by City

 

   
Please note that council and committee documents are provided electronically for information only and do not retain the exact structure of the original versions. For example, charts, images and tables may be difficult to read. As such, readers should verify information before acting on it. All council documents are available from the City Clerk's office. Please e-mail clerk@toronto.ca.

 

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