May 13, 1999

To:North York Community Council

From:Commissioner of Corporate Services

Subject:REQUEST TO LICENCE - PARKLAND

AIRCRAFT NOISE MONITORING SYSTEM

ACACIA AVENUE

(WARD NO. 6 - NORTH YORK HUMBER)

Purpose:

To obtain authority for entering into a licence agreement with the Greater Toronto Airports Authority for licensed use of the Toronto and Region Conservation Authority parkland in the installation of an aircraft noise monitoring system.

Financial Implications:

The licence will generate a total income of $1,200.00 for the whole term of three (3) years.

Recommendations:

It is recommended, subject to the approval of the Toronto and Region Conservation Authority, that:

(1)authority be granted to enter into a licence agreement with the Greater Toronto Airports Authority for the premises described and based on the terms and conditions contained herein and in a form acceptable to the City Solicitor; and

(2)the appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.

Background:

The Metropolitan Toronto and Region Conservation Authority, authorized by Order in Council P.C. 1925-2042 dated August 27, 1975, entered into a licence agreement with the Minister of Transport, representing Her Majesty the Queen in right of Canada for licensed use of the subject parkland property which is located on the west side of Acacia Avenue in the former City of North York, having an area of approximately 1.48 square metres (16 square feet) and being 4 feet by 4 feet in dimension. The licence was for a period from January 1, 1979 to March 31, 1981 at a nominal fee of $1.00 per annum for the installation of a pole-mounted sound recording equipment to monitor the noise level of the aircraft. The licence was renewed continuously and was changed to a yearly licence as from April 1, 1990.

The former Metropolitan Corporation was managing the subject parkland for the Metropolitan Toronto and Region Conservation Authority under a management agreement. From November 27, 1989, the subject licence renewal was subject to the consent of the Metropolitan Corporation until the licence, effective with the renewal as of April 1, 1994, was transferred to the Metropolitan Corporation. The last licence was for a term of three (3) years, expired March 31, 1999 and included an annual licence fee of $300.00. Either party could terminate the licence at any time upon giving ninety (90) days' prior written notice to the other.

Comments:

Upon being advised by the staff of the Parks and Recreation Division of the Economic Development, Culture & Tourism Department that it has no objection in licencing the property for a further period, negotiations have been conducted with Francine Donaldson of the Greater Toronto Airports Authority. It is agreed that, subject to the approval of City Council and the Toronto and Region Conservation Authority, the City of Toronto will enter into a licence agreement with the Greater Toronto Airports Authority based on the following terms and conditions:

1.Location:

Vacant land on the west side of Acacia Avenue;

2.Licensed Area:

Approximately 1.49 square metres (16 square feet), with approximately 4 feet by 4 feet in dimension;

3.Term:

Three (3) years commencing April 1, 1999 and expiring March 31, 2002,

4.Licence Fee:

April 1, 1999 - March 31, 2000

- $350.00 per annum, net, payable annually in advance,

April 1, 2000 - March 31, 2001

- $400.00 per annum, net, payable annually in advance;

April 1, 2001 - March 31, 2002

- $450.00 per annum, net, payable annually in advance;

plus all applicable taxes and assessments of every kind whatsoever of any amounts in lieu thereof and any cost related to the licensed area;

5.Termination:

Either party shall have the right to terminate the licence at any time upon giving at least ninety (90) days' prior written notice to the other;

6.The Licensee shall use the licensed area for the pole mounted sound recording equipment for monitoring aircraft noise only;

7.The Licensee shall not assign or sublet without the prior written consent of the City of Toronto, subject to the approval of the Toronto and Region Conservation Authority;

8.The Licensee shall, at its own expense, connect Bell Cable and Hydro electric power to the pole;

9.The Licensee shall pay all charges (including penalties) for utilities supplied to the licensed area directly to the supplier thereof;

10.If the Licensee holds over after the expiration of the Term, prior written consent has to be obtained from the City of Toronto, subject to the approval of the Toronto and Region Conservation Authority, and the Licensee shall be a monthly licensee only;

11.If the Licensee holds over after the expiry of the Term without the prior written consent of the City of Toronto, subject to the approval of the Toronto and Region Conservation Authority, the Licensee shall pay double the amount of the licence fee set out in paragraph (4) hereto;

12.The Licensee shall, at its own expense and in the names of the Licensee, the City of Toronto and the Toronto and Region Conservation Authority, maintain in force insurance coverage with respect to the licensed area and its use and occupation and shall provide the City of Toronto with certificate(s) of policy of an insurance company for:

(i)inclusive coverage for legal liability for bodily injury, death, property damage in the amount of not less than $3,000,000.00 per occurrence; and

(ii)insurance against loss by such insurable hazards;

Every policy of insurance shall provide cross-liability coverage together with a waiver of subrogation in favour of the City of Toronto and the Toronto and Region Conservation Authority;

13.(i)The Licensee shall at all times indemnify and save harmless the City of Toronto and the Toronto and Region Conservation Authority 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 Workplace Safety and Insurance Act, made or brought against, suffered by or imposed on the City of Toronto and the Toronto and Region Conservation Authority or its property in respect of any loss, damage or injury to any person or property (including, without restriction, employees, agents and property of the Licensee, the City of Toronto and the Toronto and Region Conservation Authority) directly or indirectly arising out of, resulting from or sustained as a result of the Licensee's occupation or use of, or any operation in connection with the licensed area or any fixtures or chattels thereon;

(ii)The Licensee shall at all times indemnify and save harmless the City of Toronto and the Toronto and Region Conservation Authority from and against any and all claims, demands, losses, costs, charges, actions and other proceedings whatsoever under the Construction Lien Act in connection with any work done for the Licensee at or on the licensed area and shall promptly see to the removal from the registered title to the licensed area of every claim for lien and certificate of action having to do with such work;

14.The Licensee shall, at its own expense, be responsible for compliance with all Municipal, Provincial and Federal laws, including, without limitation, the Environmental Protection Act and other environmental legislations, permits, rules and regulations and shall obtain all the necessary permits and licences that may be required for the use of the licensed area and shall save the City of Toronto and the Toronto and Region Conservation Authority harmless from any Licensee's failure to so comply;

15.The Licensee shall accept the licensed area in its existing condition and shall be responsible, at its own expense, for all repairs and maintenance;

16.The Licensee shall, at its own expense, cut the grass on and surrounding the licensed area to the satisfaction of the Commissioner of Economic Development, Culture and Tourism Department, Parks and Recreation Division;

17.The Licensee shall, at its own expense, ensure that no ashes, refuse, garbages or other loose objectionable materials will accumulate on the licensed area and to keep the licensed area clean and tidy;

18.The Licensee shall not make addition and alteration to the licensed area including surfacing, grading or landscaping to the licensed area without the prior written consent of the Commissioner of Economic Development, Culture and Tourism Department, Parks and Recreation Division and the approval of the Toronto and Region Conservation Authority;

19.The Licensee shall not install, erect or remove any structure(s) and fixture(s) on the licensed area without the prior written consent of the Commissioner of Economic Development, Culture and Tourism Department, Parks and Recreation Division and the approval of the Toronto and Region Conservation Authority;

20.No storage or use of hazardous materials or environmentally sensitive materials will be permitted;

21.The Licensee shall protect all services of public works and/or utilities easement(s) that may encumber the licensed area and shall be liable for any damage to such by its action(s) or omission(s);

22.The Licensee shall not install any equipment or carry on any operation on the licensed area in such a way as to increase the insurance risk;

23.The Licensee shall ensure that nothing is done or kept at or on the licensed area which is or may be a nuisance, or which will cause disturbance or interfere with the users or occupants of any neighbouring property, or which in the opinion of the Commissioner of Economic Development, Culture and Tourism Department, Parks and Recreation Division may cause damage to the licensed area or any neighbouring property;

24.The City of Toronto and the Toronto and Region Conservation Authority and any of its employees, agents and contractors shall have the right, on at least twenty-four (24) hours' advance notice to the Licensee, or in the case of emergency or pressing urgency without advance notice, provided that the Licensee is notified thereof as soon as may be convenient thereafter, to enter on the licensed area for the purpose of maintenance, repair or construction with or without all the necessary gear and equipment as the Commissioner of Economic Development, Culture and Tourism Department, Parks and Recreation Division deems necessary, and the Licensee hereby authorizes such entry and acknowledges that the Commissioner of Economic Development, Culture and Tourism Department, Parks and Recreation Division shall be the sole judge of any emergency or pressing urgency as aforesaid;

25.At the termination of the licence, the Licensee shall, at its own expense, expeditiously remove the sound recording equipment, the pole and all connections from the licensed Area including any fixtures and chattels belonging to the Licensee, as well as debris, repair all damages caused by such removal and by its use and occupation of the licensed area, and restore the land to its original condition, all to the satisfaction of the Commissioner of Economic Development, Culture and Tourism Department, Parks and Recreation Division;

26.Upon acceptance of this proposal, the Licensee shall provide the City of Toronto proof of its proper legal name. If the Licensee is a corporation, such proof shall include a copy of the corporation's Articles of Incorporation and/or Articles of Amendment, if any;

27.Notwithstanding any clause contained or not contained in the proposal, the Licence Agreement shall be in a form and content acceptable to the City of Toronto Solicitor; and

28.The proposal shall be subject to the approval of the City of Toronto Administration as well the Toronto and Region Conservation Authority, and the concurrence of the Commissioner of Economic Development, Culture and Tourism, Parks and Recreation Division; if required.

It is noted that although this matter could normally be dealt with through the delegated authority process, it is being submitted to North York Community Council at the request of the Ward Councillor to permit both the community and the Airport Authority an opportunity to make presentations to Community Council.

Conclusion:

The above terms and conditions are fair and reasonable and are acceptable to the staff of the Parks and Recreation Division of the Economic Development, Culture and Tourism Department. The renewal of this licence should be subject to the Community Council process.

Contact Name:

Karen Kwong, Valuator-Negotiator; Telephone No. (416)392-5840; Fax No. (416)392-4828; E-mail address: karen_kwong@metrodesk.metrotor.on.ca. (nyc99085.wpd)

Margaret Rodrigues

Commissioner of Corporate Services

KK/