January 4, 1999
To:Corporate Services Committee
From:Joe Halstead, Commissioner
Economic Development, Culture and Tourism
Subject:Licence - Portion of George Chater Park (Premises No. 471 Windermere Avenue), Ward 19 (High Park)
Purpose:
To license to the owners of 471 Windermere Avenue, a portion of George Chater Park, for driveway purposes and to
permit the installation of fencing at the south limit of the licensed lands by the Licensee.
Financial Implications:
This licence will generate revenue of One Hundred Dollars ($100.00) per year for a ten (10) year term.
Recommendations:
1. Authority be granted to license to Martin Paul Shewchuk and Eleanor Rose Shewchuk, the owners of No. 471
Windermere Avenue, a portion of George Chater Park, for driveway purposes, subject to the terms and conditions noted in
this report.
2. The Licensees be granted permission to erect a boundary fence along the south limit of the licensed land as noted in this
report, subject to approval from the appropriate City officials, with the design of such fence to be approved by the
Commissioner of Economic Development, Culture and Tourism.
3. The appropriate City of Toronto officials be authorized to take whatever action is necessary to give effect to the
foregoing.
Council Reference/Background/History:
City Council, on April 17, 1979, by adoption of Item 2 of Executive Committee Report No. 23, authorized the acquisition
of subway lands Block W-14 (Durie Street to Windermere Avenue) for public park purposes.
Metropolitan Council, on June 8, 1979, by adoption of Item 17 of Metropolitan Parks, Recreation and Property
Committee Report No. 9, Metropolitan Executive Report No. 19 authorized the sale to the City of Block W-14, subject to
subsurface easements for the Bloor Street West subway structure.
City Council, on August 12, 13, 14, 1991, by adoption of Clause No. 13 of Executive Committee Report No. 18, entitled
"Lease - Public Park Land Adjacent to 471 Windermere Avenue - George Chater Park" authorized the granting of a lease
to Terry and Irene Cord, the owners of 471 Windermere Avenue at that time, a portion of George Chater Park, for
driveway purposes, including permission to erect a boundary fence along the south limit of the leased land, subject to
certain conditions.
Terry and Irene Cord sold 471 Windermere Avenue to Martin Paul Shewchuk and Eleanor Rose Shewchuk and it is
proposed that there be a similar lease between themselves and the City.
Comments and/or Discussion and/or Justification:
Martin Paul Shewchuk and Eleanor Rose Shewchuk request that the City license a portion of George Chater Park to them
for driveway purposes and that they also be permitted to install fencing along the south limit of the licensed land.
As noted above, similar terms in the form of a lease between the City and the previous owners of 471 Windermere
Avenue were authorized by City Council in 1991. However, that lease was not executed before the owners sold the
property to Martin Paul Shewchuk and Eleanor Rose Shewchuk. Mr. Shewchuk for at least the past four years has been
receiving bills from the City and making annual payments of One Hundred Dollars ($100.00) in return, apparently in
keeping with the lease terms negotiated with the previous owners. City Legal Services have recommended that the
document take the form of a licence to further remove the transaction from being characterized as a residential tenancy.
Staff having reviewed this matter in consultation with the Realty Services Section of City Property, Martin Paul
Shewchuk and Eleanor Rose Shewchuk. Agreement has been reached in principle to grant this licence to Martin Paul
Shewchuk and Eleanor Rose Shewchuk on the same terms and conditions as noted below which City Council approved on
August 12, 13, 14, 1991. The revised contract will reflect the new Corporate structure.
1.The lands to be licensed include only the 6.63 foot wide by 80.33 foot long strip of parkland, to a depth of 1.5 metres,
over which the existing driveway runs, including the lands subject to the existing right-of-way in favour of 471
Windermere Avenue.
2.The wrought iron fencing will be installed the length of the 80.33 foot long strip only. The Licensee will be responsible
for all costs relating to the installation and maintenance of the fencing and maintenance of the licensed land.
3.The design and installation of the fence is subject to approval by the Commissioner of Community Services.
4.The Licensee shall pay to the City an annual fee of One Hundred Dollars ($100.00).
5.The Licensee shall be responsible for all taxes.
6.The term of the licence shall be for ten (10) years with an additional ten (10) year option at the discretion of the City.
7.The annual fee is to be reviewed and adjusted, if necessary, by City staff at the end of the first ten (10) year period.
8.The Licensee shall not assign or sub-license without permission of the City, provided that such consent may,
notwithstanding any statutory provision to the contrary, be arbitrarily and unreasonably refused by the City in its sole and
uncontrolled discretion.
9.The Commissioner of City Works Services will provide a sketch of the licensed land, to be appended to the licence.
10.No building or structure whatsoever shall be erected upon the licensed lands and no excavation of the licensed lands
will be carried out without the permission of the City except, as herein provided, the boundary fence which shall be
installed and maintained by the Licensee.
11.The Licensee will not prune or remove or damage in any way, or permit or allow to be pruned or removed or damaged
in any way, any trees located in or adjacent to the licensed lands during the installation of the boundary fence and/or
during the term of the licence.
12.The Licensee will not claim or hold the City responsible for any damage whatsoever caused to any driveway surface
located within the licensed lands as a result of trees existing adjacent to the licensed lands.
13.Any further driveway improvements involving the licensed lands shall be subject to the approval of the City.
14.The Licensee will maintain at all times, throughout the term of this licence, a home liability insurance policy
providing third party and bodily injury, including property damage coverage, in an amount of not less than Two Million
Dollars ($2,000,000.00) per claim with a premises liability (which assumes any legal liability of the City of Toronto in
relation to the insured's premises and lands licensed by the insured from the City of Toronto). This policy shall include
the City of Toronto as an additional insured and contain a cross liability or severability of interest clause. The Licensee
shall provide the City with a certificate of insurance to establish the Licensee's insurance coverage in effect from time to
time.
15.The Licensee shall indemnify and save harmless the City from any loss, costs, expense or damage to any person as a
result of this licence.
16.In the event that the licensed lands are required for municipal purposes, the licence may be terminated by the City at
any time by giving the Licensee one month's notice in writing.
17.Upon expiration of this licence or termination thereof by the City, as aforesaid, the Licensees shall, at their own
expense, remove any improvements located on the licensed lands and relocate the fence from the south limit of the
licensed lands to the south limit of 471 Windermere Avenue.
18.Any other terms and conditions deemed necessary by the City Solicitor to protect the interests of the City.
Real Estate Division staff of the former Municipality of Metropolitan Toronto has been notified in accordance with the
terms of the sub-surface agreement and has advised that it has no objections to the construction of the aforementioned
fence.
Conclusion:
There is no objection to this proposed licence to provide Martin Paul Shewchuk and Eleanor Rose Shewchuk with
vehicular access to their garage, which is situated in their backyard and to erect a boundary fence along the south limit of
the licensed lands.
Contact Name:
Mario Zanetti
Parks and Recreation Division
392-7252
Joe Halstead
Commissioner Economic Development, Culture and Tourism
