Worksite Lease Agreement

Sheppard Avenue Subway - Bayview Station

Owner: Vincenzo and Vincet Picano

577 Sheppard Avenue East

(North York Centre South - Ward 9)

 The Corporate Services Committee recommends the adoption of the following report (April 14, 1998) from the Commissioner of Corporate Services:

 Purpose:

 To authorize the execution of a Worksite Lease required for the construction of the Sheppard Subway.

 Funding Sources, Financial Implications and Impact Statement:

 Financing has been previously approved by Council and is available in Capital Account No. TC-392.

 Recommendations:

 It is recommended that:

(1)authority be granted for the Commissioner of Corporate Services to accept the Worksite Lease and execute it on behalf of the Corporation; and

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

 Council Reference/Background/History:

 By the approval of Clause No. 2 of Report No. 9 of The Management Committee (as amended) on March 8 and 9, 1994, and subject to a further report regarding funding, Metropolitan Council approved construction of the Sheppard Subway to Don Mills Road. By the approval of Clause No. 2 of Report No. 14 of The Management Committee (as amended) on April 20, 1994, Metropolitan Council authorized the debenture funding to commence the project. Finally, Metropolitan Council, by its adoption of Clause No. 2 of Report No. 21 of the Financial Priorities Committee on September 25 and 26, 1996, as amended, approved the completion of the Sheppard Subway Project.

 Comments and/or Discussion and/or Justification:

 As part of the construction of the Sheppard Subway, a lease agreement is required from the property at 577 Sheppard Avenue East for the temporary relocation of the driveway in order to facilitate the construction of the Bayview Station. The lands for the construction have been previously acquired. The lease is required for a three year period, commencing on January 1, 1998, with an option to renew for a further one year period. The demised area is described as follows: (a)an irregular shaped strip of land across the subject property=s entire Sheppard Avenue East frontage, shown cross-hatched on the sketch attached;

 Copies of the draft survey plan, prepared by J. D. Barnes Limited and sketch are on file with the City Clerk.

 Negotiations have been conducted with the owner and an agreement has been reached as to compensation. The particulars of the property and the property requirements are summarized as follows:

Owner:Vincenzo and Vincet Picano

 Location:The subject property is located on the south side of Sheppard Avenue East, between Kenaston Gardens and Barberry Place, immediately east of Don Mills Road and known municipally as 577 Sheppard Avenue East.

 Legal Description:Part of Lot 15, Concession 2 E.Y.S., in the City of North York, Municipality of Metropolitan Toronto.

 Property Description:A single family residential holding, improved with a detached brick sidesplit, with 58 feet of frontage on Sheppard Avenue East.

 Area of Requirements:The demised area covers 71 square metres (765 square feet) and is shown cross-hatched on the attached sketch.

 Rent:$1,810.00 for the three year term; $603.00 for the one year option plus reasonable legal fees and other costs.

 Conclusion:

 In my opinion, the terms and conditions of the lease as detailed herein are fair and reasonable.

 Contact Name:

 Mr. Douglas F. Warning

Acting Director, Real Estate (392-8165)

 (A copy of the sketch attached to the foregoing report was forwarded to all Members of Council with the April 27, 1998, agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)