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Acquisition of 196 Manor Road East
(Ward 22 - North Toronto)
The Administration Committee recommends the adoption of the following report (July 7, 1999) from the Chief Administrative Officer and Acting Commissioner of Corporate Services:
Purpose:
To advise City Council of the findings of the environmental assessment of this property and to report on the costs associated with the closing of this real estate transaction.
Financial Implications:
Total costs of the transaction, based on a nominal sum consideration for the property, are estimated to be $100.00.
Recommendations:
It is recommended that:
(1) the City Solicitor, in consultation with the Executive Director of Facilities and Real Estate, be authorized to complete the acquisition of 196 Manor Road East, for a nominal consideration, in accordance with the terms and conditions set out in this report and in a form satisfactory to the City Solicitor;
(2) 196 Manor Road East be placed under the jurisdiction of the Commissioner of Economic Development, Culture and Tourism; and
(3) the appropriate City officials be authorized to take the necessary action to give effect thereto.
Background:
City Council, at its meeting held on July 29, 30 and 31, 1998, adopted Clause No. 37 of Report No. 11 of The Corporate Services Committee, and authorized, in principle, the acceptance of the donation of the property municipally known as 196 Manor Road East on the basis that the City would designate the site as City Green Space and that the Club will continue to operate and maintain the premises during the existence of the Club on a permit basis from the City. Recommendation No. (4) of this report requested the Commissioner of Corporate Services, in consultation with the Commissioner of Economic Development, Culture and Tourism, report further on the findings of the Environmental Audit and the actual costs associated with the transaction. Legal issues relative to the Club’s process and authority to donate the property to the City was resolved and staff are now in the position to report on Council’s request.
Comments:
Pinchan Environmental, an environmental consultant firm, was retained by the City and provided an environmental report which concluded that no environmental conditions exist on the property that warrant further investigations or activities. This report was reviewed by City Staff and found to be acceptable.
In addition, the City Solicitor was contacted and has advised that based on an examination of the Letters Paten and By-law No. 23 of the Glebe Manor Lawn Bowling Club Limited ("Club"), the Club has power to convey the property to the City.
Total Transaction Cost:
Normal transaction costs involve the payment of Land Transfer Tax ("LTT"), GST and registration costs, such costs are typically the responsibility of the purchaser. In this instance, the transaction is a donation of property to the City for nominal consideration.
I have consulted with Finance and Legal staff respecting the payment of LTT and GST and the consensus is that, as this is a gift to the City for a nominal amount, neither LTT nor GST will be payable. The costs to register this transaction would likely not exceed $100.00. However, it should be noted that the Minister of Finance for the Province and/or the Receiver General for Canada might view this transaction as being more than a nominal consideration and might assess an amount other than nominal sum amounts for the respective LTT and GST payable.
Conclusion:
The environmental consultant concluded that no environmental conditions exist on the property that warrant further investigations or activities. The total costs of the transaction would likely involve only registration costs not exceeding $100.00.
Contact Name:
Ron J. Banfield, Telephone - 392-1859, Fax - 392-1880, E-mail - rbanfiel@toronto.ca.
(A copy of the map attached to the foregoing report was forwarded to all Members of Council with the July 13, 1999, agenda of the Administration Committee and a copy thereof is also on file in the office of the City Clerk.)
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