203 Queens Quay West - Proposed Encroachment

Agreement - (Ward 24 - Downtown)

The Corporate Services Committee recommends the adoption of the following report (January19, 1999) from the Commissioner of Corporate Services:

Purpose:

To obtain authority for the City to enter into an encroachment agreement with 1262004 Ontario Limited and 1263448 Ontario Limited.

Financial Implications:

The standard one-time fee of $350.00 will be generated.

Recommendations:

It is recommended that:

(1)authority be granted to enter into an Encroachment Agreement with 1262004 Ontario Limited and 1263448 Ontario Limited subject to the terms and conditions as set out in the body of this report;

(2)that the City Solicitor be authorized to prepare the necessary documentation; and

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

Background:

203 Queens Quay West is one of the properties acquired by the City from Queens Quay West Land Corporation, and is part of the programming lands that is subject to a 99-year lease between the City and Harbourfront Corporation (1990), as authorized by City Council at its meeting of April 14, 1997 (ECR No. 13, Clause 26).

Aird & Berlis, Barristers and Solicitors, acting on behalf of 1262004 Ontario Limited, freehold owner and 1263448 Ontario Limited leasehold owner of the building municipally known as 207Queens Quay West (commonly known as the Queens Quay Terminal Warehouse), in a letter dated November30, 1998, is requesting to enter into an encroachment agreement with the City for the purpose of installing a canopy.

Comments:

The proposed installation of the canopy is part of the ongoing renovations of the building by the applicants. The proposed canopy is approximately 23.5 feet wide by 58 feet long. The canopy would be installed on the north face of the building as part of the main front entrance. As the building does not have much open space surrounding it, the canopy would extend approximately 3feet wide by 58 feet long on City-owned lands known as 203 Queens Quay West (Part 12 on Plan66R-12434).

Urban Planning and Development Services has reviewed the design of the proposed canopy and has no concerns subject to the owner of the building entering into an encroachment with the owner of the lands, the City.

Harbourfront Corporation (1990), in a letter dated December 23, 1998 has advised that it has no objection to the canopy encroaching on the City-owned lands.

I have no objection to the encroachment as shown in Drawing No. A001 (on file) dated September3, 1998 prepared by Zeidler Roberts Partnership, Architects, subject to:

(1)1262004 Ontario Limited and 1263448 Ontario Limited agreeing to:

(a)payment of one-time administration fee in the amount of $350.00 and registration cost of $50.00;

(b)provide a General Indemnity;

(c)provide a Comprehensive General Liability, All Risks Insurance, and other insurance satisfactory to Chief Financial Officer and Treasurer;

(d)obtain all licenses and permits necessary;

(e)maintain the encroachment in a state of good order, condition and repair, to the full satisfaction of the Commissioner of Corporate Services;

(f)remove the structure at its own expense upon receiving reasonable notice from the City; and

(g)restore the lands at its own expense, affected by the removal to its former condition.

(2)the term of the encroachment shall not exceed the earlier of the life of the building and the term of the 99-year lease that expires on December 8, 2096, between the City and Harbourfront Corporation (1990);

(3)Harbourfront Corporation (1990) executing its consent to the encroachment agreement; and

(4)any other terms and conditions the City Solicitor may deem necessary.

Conclusion:

I am of the opinion that the request is reasonable.

Contact Name:

Erlinda Bala, Property Manager, Telephone No. 392-1852, Fax No.392-1880, E-mail ebala@toronto.ca.

(A copy of the map attached to the aforementioned report was forwarded to all Members of Council with the February15, 1999, agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)