TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

 As Considered by

The Council of the City of Toronto

on February 2, 3 and 4, 1999

CORPORATE SERVICES COMMITTEE

REPORT No. 1

1Bill 79 - The Fairness for Property Taxpayers Act, 1998

2Provision of Attendant Care Services at Public Meetings

3Benevolent Fund Wind-Up - North YorkProfessional Fire Fighters Association

4Proposed Limiting Distance Agreement Adjacent to

2097-2107 Lake Shore Boulevard West, Newport Beach Development (Lakeshore Queensway - Ward 2)

5Sale of City Surplus Land Known as176 Danforth Avenue, Part of Lot 7, Plan 1496(Scarborough Bluffs - Ward 13)

6Disposal of Property - 561 Arlington Avenue(York Eglinton - Ward 28)

7Sale of Land - Land North of Lane, Near North-West Corner of Royalavon Crescent and Dundas Street West(Kingsway Humber - Ward 3)

8Status of Food Services Agreements at Corporately-Owned and Operated Facilities

9Installation of Micro-Wave Dishes, Antennas and Monitoring Equipment on the City-Owned Water Tower at Leslie Street/Lake Shore Boulevard East(East Toronto - Ward 26)

10Canada Malting Complex - Rehabilitation and Reuse Extension of Milestone Dates (Downtown - Ward 24)

11Sale of Property - Deposit - 1801 Eglinton Avenue West, Former City of York (York Eglinton - Ward 28)

12Licence - Portion of George Chater Park(Premises 471 Windermere Avenue)(High Park - Ward 19)

13Other Items Considered by the Committee

City of Toronto

REPORT No. 1

OF THE CORPORATE SERVICES COMMITTEE

(from its meeting on January 18, 1999,

submitted by Councillor Dick O'Brien, Chair)

As Considered by

The Council of the City of Toronto

on February 2, 3 and 4, 1999

1

Bill 79 - The Fairness for Property Taxpayers Act, 1998

(City Council on February 2, 3 and 4, 1999, amended this Clause by striking out the Operative Paragraph embodied in the recommendation of the Corporate Services Committee, and inserting in lieu thereof the following:

Moved by: Councillor Adams

Seconded by: Councillor King

"NOW THEREFORE BE IT RESOLVED THAT City Council, as well as the Association of Municipalities of Ontario (AMO), petition the Ontario government and the Ontario Legislature to amend the Current Value Assessment legislation to allow any municipality using either of the capping provisions such that the capping provisions apply only to the assessment-related changes in property taxes.")

The Corporate Services Committee recommends the adoption of the motion embodied in the following communication (December 23, 1998) from the City Clerk, subject to amending the operative part embodied therein to read as follows:

  "NOW THEREFORE BE IT RESOLVED THAT City Council request the Province to enact legislation giving the City of Toronto the same right to adjust its cap on the commercial, industrial and multi-residential property classes for increases in the municipal tax rate, should an increase in the municipal tax rate be required in 1999 or 2000, as municipalities which are legislatively permitted to adopt the 10-5-5 percent cap.":

City Council, at its meeting held on December 16 and 17, 1998, had before it the following Motion:

Moved by: Councillor Adams

Seconded by: Councillor Kinahan

"WHEREAS the Assessment and Tax Policy Task Force on November 20, 1998, gave consideration to a report (November 16, 1998) from the City Solicitor and a communication from the Association of Municipalities of Ontario (AMO) regarding Bill 79 - The Fairness for Property Taxpayers Act, 1998; and

WHEREAS many of the amendments made by Bill 79 do not apply to the City of Toronto because City Council passed a by-law in July adopting the 2.5 percent cap on the commercial, industrial and multi-residential property classes pursuant to Part XXII.1 of the Municipal Act, as enacted by the Small Business and Charities Protection Act (Bill 16); and

WHEREAS, this by-law cannot be amended, and the City of Toronto is consequently precluded from adopting the 10-5-5 percent cap pursuant to Bill 79; and

WHEREAS the City of Toronto is also precluded from raising the tax rate on any of the capped classes, and must raise the rate on the residential class should it require additional revenue in 1999 or 2000 to meet its estimated expenditures; and

WHEREAS while any other municipality opting for the 2.5 percent cap faces the same restrictions, all municipalities other than the City of Toronto have the option of choosing instead the 10-5-5 percent cap and thereby not facing such restrictions; and

WHEREAS Bill 79 is being considered this week by the Ontario Legislation;

NOW THEREFORE BE IT RESOLVED THAT City Council request the Province to enact legislation or amend Bill 79 so that the City of Toronto is treated equally with municipalities that adopt the 10-5-5 percent cap to permit the City of Toronto to increase the tax rate on the capped property classes if the City of Toronto needs to increase the municipal tax rate."

Council also had before it, during consideration of the foregoing Motion, the following reports:

(i)(November 16, 1998) from the City Solicitor, providing an overview of the provisions of Bill 79 (the Fairness for Property Taxpayers Act, 1998) and its relevance to the City of Toronto; informing that the Bill was introduced for first reading in the legislature on November 5, 1998, the second reading is scheduled for November 23, 1998, the committee hearings the week of November 30, 1998, and the third reading and Royal Assent the week of December 7, 1998; and recommending that the report be received for information; and

(ii)(December 16, 1998) from the Chief Financial Officer and Treasurer reporting on Councillor Adams' motion on requesting the Province to enact legislation or amend the "Fairness for Property Taxpayer, 1998" - Bill 79 to permit the City to increase tax rate on the capped property classes so that the City is treated equally with other municipalities that adopt capping; advising that in 1999 to 2000, under the current legislation for the City of Toronto, a 1 percent tax increase raises $9.4 million and in 2001, a 1 percent tax increase raises $25.3 million; and recommending that if Council considers a tax increase for 1999 and 2000, or simply wishes to have its tax flexibility restored, Council should request the Province to amend Bill 79 to allow the entire City tax base to bear any tax increase or, failing that, to enact new legislation to permit the City to increase the tax rate on the capped property classes.

Council referred the foregoing Motion, together with the reports dated November 16, 1998, from the City Solicitor, and December 16, 1998, from the Chief Financial Officer and Treasurer, to the Corporate Services Committee for further consideration.

(A copy of the reports dated November 16, 1998, from the City Solicitor, and December 16, 1998, from the Chief Financial Officer and Treasurer, referred to in the foregoing communication, were forwarded to all Members of Council with the January 18, 1999, agenda of the Corporate Services Committee and a copy thereof is also on file in the office of the City Clerk.)

(City Council on February 2, 3 and 4, 1999, had before it, during consideration of the foregoing Clause, the following communications:

(i)(January 25, 1999) from the Minister of Finance addressed to the President of the Association of Municipalities of Ontario, advising that the date for passing by-laws to comply with requirements of the Fairness for Property Taxpayers Act, 1998, has been extended to February 28, 1999;

(ii)(undated) a Press Release issued by the Ministry of Finance, entitled "Important Information For Business Property Owners About Recent Property Tax Changes"; and

(iii)(January 22, 1999) from the Deputy Minister of Finance, submitting information with respect to the deadline for passing by-laws to comply with requirements of the Fairness for Property Taxpayers Act, 1998.)

2

Provision of Attendant Care Services at Public Meetings

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the report (January 6, 1999) from the Executive Director of Human Resources.

The Corporate Services Committee reports, for the information of Council, having referred the issue of attendant care services at all public events hosted by the City of Toronto, to the Special Events Division, Economic Development, Culture and Tourism, for similar consideration during festivals and special events, and report thereon to the Corporate Services Committee.

The Corporate Services Committee submits the following report (January 6, 1999) from the Executive Director of Human Resources:

Purpose:

To comment on the communication received from Mr. Jean-Paul Gagnon as requested by the Chair, Corporate Services Committee.

Funding Sources, Financial Implications and Impact Statement:

There are no immediate financial implications for the City of Toronto arising from this report.

Recommendations:

It is recommended that:

(1)City of Toronto Departments, Agencies, Boards and Commissions ensure that any notice or communication inviting public participation clearly indicate that requests for special need services will be accommodated with notice; and

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

Council Reference/Background/History:

In October 1998, the City Clerk received a communication from Mr. Jean-Paul Gagnon, Manager of Fund Raising, Tobias House Attendant Care Inc., requesting an opportunity to appear before the Corporate Services Committee respecting a proposal made to the Mayor's office requesting that Attendant Care Services become an available feature of all public meetings hosted by the City of Toronto. Mr. Gagnon believes this would enable more participation by persons with physical disabilities whose activities of daily living require assistance.

Comments and/or Discussion and/or Justification:

The City of Toronto recognizes the valuable contribution of people with disabilities and achieving accessibility for people with disabilities continues to be a priority. The City of Toronto Task Force on Community Access and Equity, chaired by Councillor Joe Mihevc, has involved citizens and stakeholder groups in the process of developing strategies and action plans. The Task Force is in the process of developing a comprehensive and coordinated plan of action to address barriers to full participation of the City's diverse communities and includes people with disabilities. The consultative process undertaken by the Task Force will yield a range of solutions, policies and practices for the new city.

In the City of Toronto, the provision of accommodation and special needs services is generally offered at all public meetings. For instance, accessibility to Council meetings can be achieved through the provision and funding of communication in accessible formats or provision of sign language interpretation service for people who are deaf or hard of hearing. Requests for the provision of a sign language interpreter requires some advance notice in order to ensure arrangements can be made in due time. Similarly, people with physical disabilities who wish to attend public meetings and whose activities of daily living require assistance could be accommodated with notice.

It is noted that while every attempt is made to fulfill requests for accommodation of special needs services at public events, the notification may not be clearly indicated or adequately promoted in all departmental communication. Notification that accommodation is available should also be clear and accessible.

Conclusions:

The City of Toronto is committed to achieving accessibility to public meetings of people with disabilities and should communicate in clear and accessible formats that accommodation will be made available with some advance notice.

Contact Name:

Bernita Lee - 397-5251

________

The Corporate Services Committee reports, for the information of Council, having also had before it a communication (October 28, 1998) from Mr. Jean-Paul Gagnon, Manager of Fund Raising, Tobias House Attendant Care Inc., requesting an opportunity to appear before the Corporate Services Committee respecting a proposal made to the Mayor's office regarding Attendant Care Services becoming an available feature of all public meetings hosted by the City of Toronto which they believe would enable more participation by persons with physical disabilities whose activities of daily living require assistance.

Mr. Jean-Paul Gagnon, Manager of Fund Raising, Tobias House Attendant Care Inc., appeared before the Corporate Services Committee in connection with the foregoing matter.

3

Benevolent Fund Wind-Up - North York

Professional Fire Fighters Association

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the following report (January 6, 1999) from the Chief Financial Officer and Treasurer:

Purpose:

To seek authority to accept a lump sum from the Benevolent Fund of the North York Professional Fire Fighters Association for application to premium costs owed by certain fire fighter employees and retirees, and to enter into an agreement accordingly.

Funding Sources, Financial Implications and Impact Statement:

None.

Recommendations:

It is recommended that:

(1)the City accept funds from the Trustees of the North York Professional Fire Fighters Benevolent Fund in accordance with the directions of the Court, for the purposes of paying, until such sum is exhausted, the premiums, or share of premiums, for medical (dental/hospital/drug) coverage with respect to the fire fighters receiving long-term disability (LTD) benefits, and the fire fighters, who retired prior to January 1, 1991; and

(2)the City enter into a written agreement with such Trustees and all other appropriate parties documenting the details of the payment of the said sum and the manner of its application.

Background:

The North York Professional Fire Fighters Benevolent Fund was established pursuant to written rules in 1971 to provide Association members with employment termination benefits, preretirement death benefits and premium payments for life and medical insurance during receipt of LTD benefits and during retirement. Administered by five Trustees, the Fund has been financed by the contributions of active North York fire fighters, supplemented by donations from the public and proceeds from events sponsored by the Association.

The amalgamation of the former Metropolitan municipalities on January 1, 1998, has made continued operation of the Fund impractical. Its Trustees therefore resolved, and representatives of the Association (both active and retired) agreed, that the Fund should, subject to Court approval, be wound up effective December 31, 1997, and its assets distributed on an equitable basis to the active members, LTD members and retired members. The most recent audit of the Fund was as of March 31, 1998, by David W. Dunphy Chartered Accountant.

At the insistence of the Trustees, the Court made an interim Order on November 26 appointing representatives for both the active members and the retired members and setting February 2, 1999, as the date for hearing the issues concerning the wind-up of the Fund and the distribution of its assets.

Discussion:

The 1993/94 collective agreement between the North York Professional Fire Fighters Association and The Corporation of the City of North York provides for a portion of the benefit premiums for retired fire fighters to be paid by the Association, and premiums for those receiving LTD benefits were handled the same way. Those payments were made to North York by the Benevolent Fund until the end of 1997, and in 1998 through the Association to the new City of Toronto.

Executives of the Association approached the City in the fall of 1998 to discuss the options available to continue to provide benefits to retired and disabled North York fire fighters. It is proposed that upon the wind-up of the Benevolent Fund, a lump sum be paid to the City for the purpose of temporary continued payment of the premiums for the same benefits to those recipients. When the lump sum is exhausted, after approximately 36 months (estimated), the City would invoice the retirees and LTD members directly for their portion of the benefit premiums. The City's benefit costs would not increase as a result of this arrangement.

There are 107 fire fighters who retired prior to January 1, 1991, for whom the City pays 50 percent of the health insurance premiums. The other 50 percent has been paid for by the Association through the Benevolent Fund. The City will begin invoicing these retirees for their portion of the health premiums once the money available from the proposed lump sum has been exhausted.

The City already invoices a number of retired employees directly for the portion of health premiums under various arrangements. Therefore, the increase in administrative effort once the lump sum runs out will be minimal.

Conclusion:

The North York Professional Fire Fighters Association intends to wind up its Benevolent Fund in accordance with Court approval. Acceptance of a lump sum for application to the share of premiums payable by Association members and former members will be administratively convenient and permit a smoother transition to direct member billing.

Contact Name:

Ivana Zanardo

Director

Pension, Payroll and Employee Benefits

397-4143

4

Proposed Limiting Distance Agreement Adjacent to

2097-2107 Lake Shore Boulevard West, Newport Beach

Development (Lakeshore Queensway - Ward 2)

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the following report (December 10, 1998) from the Commissioner of Corporate Services:

Purpose:

This report recommends that the City enter into a Limiting Distance Agreement with the owners of 2097-2107 Lake Shore Boulevard West.

Financial Implications:

Approval of the Agreement will facilitate the release of the building permit for a multi-million dollar residential development in the Humber Bay Shores area.

Recommendations:

It is recommended that:

(1)the City enter into a Limiting Distance Agreement with Newport Beach Development Inc., the owners of 2097-2107 Lake Shore Boulevard West, which will prohibit the City from constructing any buildings on the adjacent City-owned parkland abutting the development site unless they are set back from buildings to be erected on the Newport Beach site; and

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

Background:

Newport Beach Development Inc. (Newport) is the owner of certain lands in the City of Toronto (formerly in the City of Etobicoke) designated as Parts 1 and 2 on Plan 66R-16757, located at 2097-2107 Lake Shore Boulevard West.

Newport and the City have entered into a Development and a Site Control Agreement in respect of the proposed construction of a residential development by Newport on the Newport lands, a portion of which development is to be constructed near the boundary line separating the Newport lands from the lands of the City described as Parts 1 to 4 on Plan 64R-14785.

Pursuant to a comprehensive by-law, the City lands are to be developed as parkland.

The Ontario Building Code regulates the size of "unprotected openings" such as windows and doors, in relation to their distance from the property line. This is to prevent fires spreading between buildings through windows and doors.

The City parkland adjacent to the Newport Beach development will remain open space. The Limiting Distance Agreement will provide that so long as any building, structure, or other improvement on the Newport lands remains in existence, the City will ensure that no development takes place on the City land unless such development is set back from the buildings, structures, or other improvements on the Newport lands as required by the then applicable provisions of the Ontario Building Code.

Comments:

The Parks and Recreation, Planning, and Building Divisions staff have been consulted. No objections to the proposed Limiting Distance Agreement have been received. In fact, it is the position of the Building Division that a Limiting Distance Agreement is required to satisfy Ontario Building Code requirements in order to release the building permit.

Conclusion:

Approval of the Limiting Distance Agreement is recommended.

Contact Name:

Francois (Frank) G. Bedard, Telephone: (416) 394-8096; Fax No.: (416) 394-8895; E-mail: fbedard@pathcom.com.

________

(A copy of the map attached to the foregoing report was forwarded to all Members of Council with the January 18, 1999, agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)

5

Sale of City Surplus Land Known as

176 Danforth Avenue, Part of Lot 7, Plan 1496

(Scarborough Bluffs - Ward 13)

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the following report (December 18, 1998) from the Commissioner of Corporate Services:

Purpose:

To inform City Council of an offer to purchase the above City surplus land and recommend that the offer be accepted.

Financial Implications:

The City will realize $65,000.00 from the sale, less broker's commission of $2,600.00 plus GST and any expenses incurred by the City incidental to the closing of the transaction.

Recommendations:

It is recommended that:

(1)the City accept from Demetre Grammaticos, in trust, an offer to purchase the surplus land at 176 Danforth Road, described as part of Lot 7, Plan 1496 and referred to as Part 1 on Plan 64R-15703, at a price of $65,000.00;

(2)the City Solicitor be authorized to complete this transaction according to the terms and conditions of the Agreement of Purchase and Sale; and

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

Background:

The City owns a parcel of vacant land measuring 50' X 91' located on the north-west side of Danforth Road just east of Warden Avenue. The then Township of Scarborough acquired the property via a tax certificate in 1940. The property is shown as Part 1 on Plan 64R-15703. The property comprises an area of 4550 square feet and is zoned Single Family Residential.

With the approval of Item 22, Report 16 of the Administrative Committee, the former City of Scarborough Council on September 30, 1997, declared the City-owned land surplus and directed the public be notified of the intent to dispose of the property by publication of the said report in the Council agenda.

The property was offered for sale by public tender subject to a reserve bid of $75,000.00 in November 1997. No bids were received. A "for sale" sign was put on the site thereafter and very few inquiries were received.

The property was then listed on the Toronto Real Estate Board's Multiple Listing Service with Esbin Realty in September 1998 at an asking price of $79,900.00. There were few enquiries and the asking price was reduced to $75,000.00 on October 16, 1998. An offer from Demetre Grammaticos in trust, in the amount of $65,000.00 was received on November 17, 1998 and is recommended for acceptance.

Comments:

The terms of the offer from Demetre Grammaticos, in trust, are summarized as follows:

Purchase Price: $65,000.00.

Payment Method: Deposit of $10,000.00 (certified cheque)submitted with offer and balance to be paid on closing date.

Irrevocable Date: February 26, 1999.

Closing Date: March 15, 1999.

Conditions: That upon acceptance of the Offer, Purchaser, at his own expense, will have the right to apply for a severance and a variance from the existing by-law to create a second lot. It is noted the closing of the transaction is not conditional on the Purchaser being successful with the application.

Conclusion:

An appraisal in October 1998 estimated the market value of the property in the range of $60,000.00 to $75,000.00. Considering the property has been exposed on the market for a year and that the offer price is within the market value range, its acceptance is recommended.

Contact Name:

Neubert Li, Phone (416) 396-7422, Fax (416) 396-4241, e-mail address: li@city.scarborough.on.ca.

________

(A copy of the map attached to the foregoing report was forwarded to all Members of Council with the January 18, 1999, agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)

6

Disposal of Property - 561 Arlington Avenue

(York Eglinton - Ward 28)

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the following report (December 23, 1998) from the Commissioner of Corporate Services:

Purpose:

To authorize the disposal of the property municipally known as 561 Arlington Avenue.

Funding Sources, Financial Implications and Impact Statement:

Revenue of $161,000.00, less closing costs and the usual adjustments, subject to the revenue sharing agreement with the Province pursuant to Clause No. 1 of Report No. 25 of the former Metropolitan Corporate Administration Committee, approved on December 4, 1996.

Recommendations:

It is recommended, subject to Provincial concurrence, that:

(1)the Commissioner of Corporate Services be authorized to accept the offer in the amount of $161,000.00 as detailed herein;

(2)Council, pursuant to Clause No. 14 of Report No. 27 of the former Metropolitan Management Committee adopted on September 28, 1994, waive the minimum required deposit of 10 per cent. of the purchase price;

(3)authority be granted to direct a portion of the sale proceeds on closing to fund the outstanding balance of Costing Unit No. CP300J56109;

(4)the City Solicitor be authorized and directed to take the appropriate action, in conjunction with Province of Ontario Officials and/or agents, to complete the transaction on behalf of the Corporation and he be further authorized to amend the closing date to such earlier or later date as he considers reasonable; and

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

Council Reference/Background/History:

The Province of Ontario is the owner of 561 Arlington Avenue, subject to a ninety-nine year lease in favour of the City of Toronto. By its adoption of Clause No. 1 of Report No. 3 of The Corporate Administration Committee on February 12 and 13, 1997, Metropolitan Council declared the property surplus pursuant to By-law No. 56-95 and authorized its disposal. The procedures with respect to By-law No. 56-95 have been complied with, a utility canvass has been completed and the only requirement is set out below.

Comments and/or Discussion and/or Justification:

Pursuant to the February 12 and 13, 1997 authority, negotiations were conducted with the tenant, Fiona Melkioty, and the following offer was received:

Property Address: 561 Arlington Avenue.

Legal Description: Part of Lots 195 and 196, Plan 2339, City of Toronto, designated as Parts 22 and 7, Plan 64R-15549.

Approximate Lot Size:9.75 metres (32.0 feet) fronting onto Arlington Avenue,

26.35 metres (86.45 feet) depth.

Easement: Subject to an easement in favour of the City of Toronto for sewer purposes identified as Part 7 on Plan 64R-15549.

Location: East side of Arlington Avenue, south of Eglinton Avenue West.

Improvements: Detached, 2 bedroom brick bungalow.

Occupancy Status: Tenanted.

Recommended Sale Price:$161,000.00.

Deposit:$8,000.00.

Purchaser: Fiona Melkioty and Fionnuala Martin.

Closing Date: March 2, 1999.

Terms: Cash on closing, subject to the usual adjustments.

It is noted this is a sale to the existing tenant and is based on a current market value appraisal. By the adoption of Clause No. 5 of Report No. 9 of The Corporate Services Committee, Council at the meeting held on July 8, 9 and 10, 1998, directed that comparable sales data be provided in future reports of property sales. Appendix "A", identifies three comparable properties located in the vicinity that have recently sold.

Conclusion:

Completion of this transaction detailed above is considered fair and reasonable and reflective of market value.

Contact Name:

Michelle deVey, Valuator Negotiator, Real Estate Services,

(416)392-8160, Fax No.: (416) 392-4828,

E-Mail Address: michelle_devey@metrodesk.metrotor.on.ca.

________

Appendix "A"

561 Arlington Avenue - Comparable Sales

The following three addresses represents recent comparable sales of properties that are quite similar to the residence which forms the subject matter of this report. These three properties consist of detached, 2 bedroom brick bungalows.

Approximate

AddressLot SizeSale PriceDate of Sale

565 Arlington Avenue28' x 94'$161,000.00July 29, 1998

509 Winona Drive25' x 146'$150,000.00February 2, 1998

71 Belvidere Avenue30' x 72'$156,500.00June 19, 1998

7

Sale of Land - Land North of Lane, Near North-West

Corner of Royalavon Crescent and Dundas Street West

(Kingsway Humber - Ward 3)

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the following report (December 23, 1998) from the Commissioner of Corporate Services:

Purpose:

To authorize the sale of the property described in this report.

Financial Implications:

Revenue in the amount of $143,000.00, plus interest, will be generated from the sale of these lands and the City will be relieved of ongoing maintenance costs. Furthermore, the property will be assembled with the adjoining private property to promote development and expand the City's tax base.

Recommendations:

It is recommended that:

(1)the surplus property described as Part of Block A, Registered Plan 1602, located north of the lane near the north-west corner of the intersection of Royalavon Crescent and Dundas Street West, being vacant land comprising an area of 1,203 m² (12,950 sq. ft.) be sold to Threemor Enterprises Ltd., In Trust, at a price of $143,000.00, subject to the terms and conditions set out in the body of this report;

(2)the City Solicitor be authorized to complete this transaction and pay any expenses incurred by the City incidental to the closing of the transaction or otherwise; and

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

Background:

City Council, at its meeting held on October 1 and 2, 1998, adopted, without amendment, Clause No. 26 contained in Report No. 13 of the Corporate Services Committee, thereby declaring the subject property surplus to City requirements and directing staff to offer it for sale to the abutting owner.

A poll was taken to determine if there exists any municipal interest in retaining this property and no interest was expressed in this parcel of land save and except for the sewer easement requirements. The notice of surplus was published in the local newspaper.

Comments:

The subject property is vacant land located on the north side of the public lane, near the north-west corner of the intersection of Royalavon Crescent and Dundas Street West, in the former City of Etobicoke. Following a review of its property inventory by former City of Etobicoke staff, the subject strip of land was considered surplus to City needs and available for assembly with the adjoining residential properties provided that an easement was reserved to protect the large diameter storm sewer located beneath the surface.

The land is irregular in shape ranging from 15.24 m (50') to 21 m (69') in depth by a length of 71 m (232') along the public lane, and can only be accessed by the laneway. Due to the subterranean storm sewer and the property's physical characteristics, the City-owned land does not have independent development potential and would be suitable for assembly with the adjoining residential properties. At this time a developer has secured options on several adjacent single family dwellings and their over-sized lots with a view to rezoning the land and developing it with townhouse units. In order to fully utilize the City land to its highest and best use, the purchaser would be responsible for relocating the sewer.

An independent appraisal was received from Cornwall Property Consultants which suggested a market value of $165,000.00. An offer of $143,000.00 was received from Threemor Enterprises Ltd., In Trust, and is considered to be reasonable given that the property has no independent development potential and is encumbered by a large municipal sewer line.

The Offer to Purchase the City land is summarized below:

Property: Part of Block A, Registered Plan 1602, formerly in the City of Etobicoke, now City of Toronto.

Area:1,203 m² (12,950 sq. ft.).

Zoning:R2 - Residential Second Density.

Purchaser: Threemor Enterprises Ltd., In Trust.

Purchase Price:$143,000.00 plus interest at prime on the balance of the purchase price from the date of acceptance to closing.

Deposit:$14,300.00.

Intended Use: Residential Townhouse Site Assembly.

Closing Date:30 days after site plan approval.

Terms: Cash on closing, subject to the usual adjustments

Other Conditions:-Reservation of municipal services easement.

-Property sold on an "as is" basis.

-Purchaser responsible for own environmental due diligence.

-Purchaser to secure acceptance to offers to purchase adjacent Tyre Avenue properties on or before June 30, 1999.

-Purchaser to obtain site plan approval for townhouse construction on or before 18 months after the date of acceptance by City.

-Nothing in the Agreement shall restrict or fetter the discretion of Council pursuant to any statute, by-law, or regulation.

Conclusion:

The property is surplus and it is recommended that it be sold for assembly with the abutting residential property. The proposed terms and conditions are considered reasonable.

Contact Name:

Francois (Frank) G. Bedard,

Telephone: (416) 394-8096; Fax No.: (416) 394-8895;

E-mail: fbedard@pathcom.com.

________

(A copy of the maps attached to the foregoing report was forwarded to all Members of Council with the January 18, 1999, agenda of the Corporate Services Committee and a copy thereof is also on file in the office of the City Clerk.)

8

Status of Food Services Agreements at

Corporately-Owned and Operated Facilities

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the following report (January 4, 1999) from the Commissioner of Corporate Services:

Purpose:

The purpose of this report is to report back to Council, as recommended in Report No. 5 of the Corporate Services Committee on the status of food services agreements at Metro Hall and other corporately-owned and operated facilities.

Funding Sources, Financial Implications and Impact Statement:

The recommendations embodied in this report will result in no increased capital or operating costs to the City.

Recommendations:

It is recommended that:

(1)existing food services agreements presently in effect at all corporately-owned and operated facilities (see appendix A for a list of facilities) be maintained until future direction of the City's facilities have been assessed and the future needs of tenant populations be determined; and

(2)the Commissioner of Corporate Services report back to the Corporate Services Committee with a comprehensive food services program for all corporately-owned office and civic buildings prior to the end of 1999.

Council Reference/Background/History:

On May 13 and 14, 1998, City Council adopted Report No. 5 of the Corporate Services Committee which authorized an interim agreement to provide food services at Metro Hall with Canada Catering Limited. The report also required the Corporate Services Department to report back to Council on the status of food services agreements at other corporately-owned and operated facilities.

Comment and/or Discussion and/or Justification:

An initial review of corporately-owned and operated facilities found that the majority of food services agreements have expired and are currently operating on an extension basis pending the office consolidation plan.

Considering the current changing tenant population within corporate facilities which has a direct impact on the financial feasibility of food services agreements, the Commissioner of Corporate Services recommends that all agreements be maintained at status quo until building occupancies stabilize. It is the intention of the Corporate Services Department to consolidate contracts at appropriate service levels for all City owned office and civic buildings.

To ensure that current services levels are maintained during the building population transitional stages, the Commissioner of Corporate Services and Chief Administrative Officer will authorize any interim agreements necessary until a comprehensive food service program can be developed resulting in long term food and beverage agreements.

Conclusion:

It is recommended that City Council approve the recommendations embodied in this report to maintain current food services agreements and service levels until which time the Corporate Services Department can submit a comprehensive food service program for all corporately-owned and operated facilities. The Commissioner of Corporate Services will submit a consolidated food services agreements plan prior to the end of 1999.

Contact Name and Telephone Number:

Susanne Borup, Executive Director

Facilities and Real Estate Division

Tel: (416) 397-4157

________

Appendix A

Corporately-Owned and Operated Facilities:

New City Hall

Old City Hall

Metro Hall

Scarborough Civic Centre

East York Civic Centre

North York Civic Centre

York Civic Centre

Etobicoke Civic Centre

703 Don Mills

Records and Archives

9

Installation of Micro-Wave Dishes, Antennas and

Monitoring Equipment on the City-Owned Water

Tower at Leslie Street/Lake Shore Boulevard East

(East Toronto - Ward 26)

(City Council on February 2, 3 and 4, 1999, amended this Clause by adding to Condition No. (23) of the terms and conditions of the License Agreement with Clearnet PCS Inc., the words "and should such sublet or assignment be for value or consideration, the assignment or sublet will be subject to a separate agreement wherein the City of Toronto shares in the revenue from such assignment or sublet to the satisfaction of City Council", so that such condition shall now read as follows:

"(23)Clearnet shall not sublet or assign without the written consent from the City of Toronto, such consent may be arbitrarily withheld. Notwithstanding the foregoing, Clearnet may, upon given notice to the City of Toronto, assign, sublet or license to a parent, subsidiary or affiliated corporation provided the purpose and use remain the same, and should such sublet or assignment be for value or consideration, the assignment or sublet will be subject to a separate agreement wherein the City of Toronto shares in the revenue from such assignment or sublet to the satisfaction of City Council;".)

The Corporate Services Committee recommends the adoption of the following report (January 4, 1999) from the Commissioner of Corporate Services:

Purpose:

To enter into a Licence Agreement with Clearnet PCS Inc., to install micro-wave dishes, antennas and monitoring equipment on the City-owned water tower at Leslie Street/Lake Shore Boulevard East.

Financial Implications:

The rentals from this Licence Agreement will generate revenue of approximately $58,400.00, net, for the entire five-year term of the agreement.

Recommendations:

It is recommended that:

(1)authority be granted to enter into a five (5) year Licence Agreement with Clearnet PCS Inc., with two five-year options to renew, based on the terms and conditions outlined below, subject to a form and administrative costs 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:

Clearnet PCS Inc., through its agent, Royal LePage, enquired about installing Clearnet communication equipment on the City-owned water tower at Leslie Street/Lake Shore Boulevard East by way of a licence.

Comments:

Upon negotiations with Mr. Chris Vardon, Senior Consultant of Royal LePage Professional Services Inc., 33 Yonge Street, Suite 900, Toronto, Ontario, M5E 1S9, agreement has been reached on the following terms and conditions:

(1)Licensed Location:

The Leslie Street Water Tower on the south side of Lake Shore Boulevard East in the City of Toronto;

(2)License Term:

Five (5) years from the Commencement Date;

(3)Commencement Date:

First day of the month following the approval of the License by the City of Toronto Council and the execution of a formal License Agreement;

(4)Option to Extend:

Provided Clearnet is not in default, Clearnet shall have two options to extend for a five-year term each, subject to the same terms and conditions, save and except the rent which shall be negotiated by both parties six (6) months prior to the expiry date and shall be comparable to the annual market fee for similar installations operating in the 1.850 GHZ to 1.990 GHZ range;

The Commissioner of Works and Emergency Services Department (hereinafter referred to as "Commissioner") shall, after the initial five-year term, with six (6) months' notice to Clearnet, have the sole discretion to terminate this License and Clearnet shall remove its equipment and restore the property to the satisfaction of the Commissioner;

Clearnet shall supply a letter of credit in an amount or amounts to be established by the Commissioner based on the estimated construction cost of the project to be submitted by Clearnet's design consultant. This letter of credit must be in a form and content acceptable to the Commissioner and/or the City Solicitor and must be secured by Clearnet upon the Commissioner's approval of the design and prior to or at the time of execution of the License. The letter of credit will remain in effect throughout the original term of the License and renewals thereof;

At the end of each five-year term, Clearnet will pay a reasonable lump sum to cover Works' inspection of the site as it relates to the proposed installation;

(5)License Fee:

An annual fee of $11,000.00, net, plus an annual escalation of three (3%) percent for the right to install up to six antennas (which equates to three transceivers) and two microwave dishes approximately one foot in diameter and/or ancillary monitoring equipment for wireless communications at the approved location. Clearnet, at its sole expense, shall be responsible for all applicable taxes, including any increase in realty taxes and any costs related thereto. The payment of the annual fee shall commence on the Commencement Date of the License Agreement;

(6)Use:

The installation of the antennas, dishes and/or related monitoring equipment are to be used to enhance wireless communication coverage of Clearnet's wireless telecommunication services, save and except any video and/or television transmission, including pay T.V.;

(7)Non-Exclusive Right:

Any right granted to Clearnet to install such antennas and related equipment will be non-exclusive, and shall not preclude the City of Toronto from granting similar rights to other parties. Should at any time the signals of a subsequent wireless licensed party interfere with those of Clearnet, the subsequent licensed party shall suspend its transmission and all parties shall use their best effort, acting reasonably, to resolve the problem in a timely fashion. In the event the problem cannot be corrected within three (3) months, the license of the subsequent licensed party will then be terminated for the respective location. In no circumstances, however, that the City of Toronto be responsible for any financial loss or damage to Clearnet as a result of such interference;

(8)Other Costs:

Clearnet shall be responsible, at its sole expense, for all initial installation/construction costs plus all costs of repair, maintenance, utilities and any operating costs, together with any costs incurred directly or indirectly related to Clearnet's equipment and/or operation, as invoiced by the City of Toronto, acting reasonably;

Clearnet, at its sole expense, shall prepare and submit to the Commissioner an Engineering Report ensuring that the addition of antennas, dishes, mounts and any other equipment, does not affect the structural integrity of the tower. Clearnet will pay reasonable engineering review and inspection fees to the Commissioner to cover the cost for reviewing reports and drawings submitted by Clearnet, and for any site inspection that may be deemed necessary during the construction. A deposit of $5,000.00 shall be required for this purpose upon execution of the License Agreement and any unused amount shall be refunded to Clearnet. Should this deposit, however, be not sufficient to cover the review cost, Clearnet will be invoiced by the City of Toronto, acting reasonably;

(9)Insurance:

Clearnet, at its sole expense, shall obtain adequate insurance of all types in an amount and form satisfactory to the City Solicitor and/or the Commissioner of Finance, with the City of Toronto shown as additional insured and with Cross Liability and Waiver of Subrogation clauses;

(10)Indemnities:

(i)Clearnet shall, at all times, indemnify and save harmless the City of Toronto 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 Worker's Compensation Act or any successor legislation) made or brought against, suffered by or imposed on the City of Toronto or its property in respect of any loss, damage or injury (including fatal injury) to any person or property (including without restriction, employees, agents and property of the City of Toronto or of Clearnet) directly or indirectly arising out of, resulting from or sustained as a result of the Clearnet's occupation or use of, or any operation in connection with, the licensed area or any wiring, devices, equipment, fixture or chattels thereon; and

(ii)Clearnet shall at all times indemnify and save harmless the City of Toronto 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 Clearnet 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;

(11)Clearnet's Improvement:

Clearnet shall, at its sole expense, be responsible to install all necessary equipment for its operation, whether it is within the existing building or at a location approved by the Commissioner, including but not limited to all costs incurred by the City of Toronto. Prior to the commencement of work, Clearnet shall, at its sole expense, submit detailed plans and specifications of all installation and/or construction and the exact location within the site area for the written approval of the Commissioner. Any graffiti applied to the equipment or building will be removed by Clearnet within seven (7) working days of notice. Clearnet shall not commence any work and/or operation without first obtaining all necessary permits/approvals from all appropriate authorities, and shall save the City of Toronto harmless from any liability or cost as a result of Clearnet's failure to so comply. Upon the expiry of the License or any renewal thereof, Clearnet shall, at its expense, remove all its equipment, repair all damages, and restore the licensed area, all to the reasonable satisfaction of the Commissioner;

In any event, no equipment, fixtures, instruments or structures of any kind shall be installed indoor of the City's building facility or inside of any of its structure, and Clearnet shall not commence any work prior to the execution of the license;

(12)Maintenance:

(i)Clearnet shall, at its sole expense, repair, replace and maintain its own equipment, including any costs incurred by the City of Toronto;

(ii)Clearnet shall, at its sole expense, be responsible for any repair and/or replacement of any damage to the City of Toronto's equipment associated with the installation and/or its operation;

(iii)Clearnet shall obtain any necessary permit approval from the Commissioner prior to any work commencing and be responsible for any cost incurred by the City of Toronto;

(iv)In the event that Clearnet's equipment and/or its operation interfere with any existing and/or future City of Toronto or its agencies' equipment, the Commissioner may elect to have Clearnet suspend its transmission until Clearnet, at its sole expense, rectifies the situation to the sole and unfettered satisfaction of the Commissioner, failing which the Commissioner may, at its sole discretion, require Clearnet to remove the offending piece of equipment or all of the equipment, if necessary, until such time that the problem may be rectified to the sole satisfaction of the Commissioner acting reasonably;

(v)All utility costs will be the sole responsibility of Clearnet and will be separate from any connections to the water tower. As for hydro, Clearnet will arrange at its sole expense to have a separate meter installed and the annual estimated hydro cost shall be paid by Clearnet in advance together with the rent. Adjustments as to actual hydro cost will be done at the end of each year;

(vi)In the event that Clearnet's equipment becomes a suspected source of interference to any existing and/or future City of Toronto or its agencies' equipment and operations, Clearnet shall provide its full co-operation with the City of Toronto and the affected agency in determining the source. If the source of interference is caused by Clearnet's equipment, the City of Toronto may take all action in accordance to subclause (iv) herein;

(vii)All City of Toronto's maintenance/access will take precedence over Clearnet's repair, acting reasonably;

(viii)All cables associated with the installation will be placed underground;

(13)Clearnet shall not enter into any lienable contracts for the supply of services and/or materials to the property without the consent of Toronto's Commissioner of Corporate Services;

(14)During the term of the License, renewal or option to extend thereof, Clearnet, at its sole expense, shall be responsible for compliance with all current Municipal, Provincial and Federal laws, by-laws, building code(s) and regulations and shall obtain all necessary permits and licenses that may be required for the use of the licensed property and its operation and shall save the City of Toronto harmless from any liability or cost suffered by Clearnet or the City of Toronto as a result of Clearnet's failure to so comply. At the request of the City of Toronto, Clearnet shall be required to submit proof of such compliances. More specifically, Clearnet shall not commence work or operation without receipt of permits, licenses or approvals from proper authorities;

(15)Clearnet shall not be permitted to install, erect any fence(s), sign(s), structure(s) and/or fixture(s) on the licensed property without prior written approval of the Commissioner and/or the Commissioner of Corporate Services;

(16)Clearnet shall, at its sole expense, design and conduct necessary public consultation meetings with the local residents of the area regarding the work to be undertaken. The consultation program, together with the plan and other presentation materials, are to be submitted for approval by the Commissioner;

(17)Clearnet shall not make any changes in surfacing, grading, landscaping to the licensed property or remove tree(s) without the prior written approval of the Commissioner;

(18)Clearnet shall not be permitted to store or use any hazardous materials or conduct any act which may cause soil contamination;

(19)Clearnet shall protect all public works' services and/or utilities easement(s) that may encumber the property, and shall be liable for any damage to such by its action(s) or omission(s);

(20)Clearnet shall, at it sole expense, keep the licensed property in a clean and well-ordered condition, and not to permit any rubbish, refuse, debris or other objectionable material to be stored, or to accumulate, thereon;

(21)Clearnet shall ensure that nothing is done or kept at or on the licensed area which is or may be a nuisance, or which causes disturbance, damage to or interference with normal usage of any adjoining property;

(22)Clearnet shall not install any equipment or carry on any operation at the licensed area in such way as to increase the insurance risk;

(23)Clearnet shall not sublet or assign without the written consent from the City of Toronto, such consent may be arbitrarily withheld. Notwithstanding the foregoing, Clearnet may, upon given notice to the City of Toronto, assign, sublet or license to a parent, subsidiary or affiliated corporation provided the purpose and use remain the same;

(24)In the event the License is not executed by Clearnet within six (6) months from the date of Toronto Council's approval, this agreement, at City of Toronto's sole option, may become null and void;

(25)The City of Toronto will not pay any real estate commission associated with this transaction. Both parties warrant that there are no commissions due and payable under this agreement; and

(26)All documentation shall be in the City of Toronto's standard form and notwithstanding any terms and conditions contained or not contained in this proposal, shall be in a form and content including administrative costs, mutually satisfactory to the City Solicitor.

Works and Emergency Services Department staff have advised that the licence agreement set out above is acceptable.

Conclusion:

In my opinion, the rent represents market value and the terms and conditions are fair and reasonable.

Contact Name:

Fred V. Cachuela, Valuator-Negotiator, Facilities and Real Estate Division;

Telephone No.: (416) 392-8162; Fax No.: (416) 392-4828;

E-mail address: fred_cachuela@metrodesk.metrotor.on.ca.

________

(A copy of the map, attached to the foregoing report was forwarded to all Members of Council with the January 18, 1999, agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)

10

Canada Malting Complex - Rehabilitation and Reuse

Extension of Milestone Dates (Downtown - Ward 24)

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the following report (January 4, 1999) from the Commissioner of Corporate Services:

Purpose:

The purpose of this report is to obtain authority to extend the milestone dates set out in the Term Sheet adopted, as amended, by the previous Council of the former City of Toronto on October 6, 1997.

Financial Implications:

There are no financial implications to this report.

Recommendation:

It is recommended that authority be granted for the extension by one year of all milestone dates contained within the Term Sheet, as amended, which provides the basis for a Master Agreement between the City of Toronto and Metronome Canada Incorporated for the rehabilitation and reuse of the Canada Malting Complex.

Background:

Metronome Canada Incorporated ("MCI") was previously identified as the preferred proponent responding to a Proposal Call issued for the rehabilitation and reuse of the Canada Malting Complex, subject to the resolution of a number of outstanding issues. After extensive negotiation, these outstanding issues were resolved.

At its meeting of October 6, 1997, City Council adopted a report from the previous City of Toronto Board of Management to which was attached, as Appendix "A", a relatively detailed Term Sheet, as amended, setting out the basic terms and conditions of the agreement between the City and MCI including a number of milestone dates. It was anticipated that the City and MCI would enter into a Master Agreement governing the rehabilitation and reuse of the Canada Malting Complex which would incorporate the terms, conditions and milestone dates contained within the Term Sheet, as amended.

Comments:

The Master Agreement has been drafted in a manner which reflects the terms, conditions and milestone dates contained within the Term Sheet, as amended. All issues were satisfactorily resolved except for the requirement of MCI to construct 89 parking spaces for the use of the Toronto City Centre Airport (TCCA). City staff and MCI held opposing views regarding where the burden of capital construction cost lay and negotiations began to break down. The requirement to construct 89 parking spaces flows from a previously agreed upon arrangement between the City of Toronto and the TCCA whereby the City incurred a liability to provide 89 parking spaces for the exclusive use of the TCCA.

The requirement to provide parking was affected by the possibility of a fixed link to the City Centre Airport. Should the fixed link proceed, parking could be provided at the City Centre Airport. At its meeting of December 16, 1998 Toronto City Council approved a fixed link to the Toronto City Centre Airport. Given this development, the issue of provision of parking for the TCCA need no longer be dealt with in the context of the Master Agreement between the City and MCI.

The milestone dates contained within the Term Sheet are relative to the date that the Master Agreement is executed. Due to previously unresolved parking issue, the execution of the Master Agreement has been delayed for approximately one year. As a result, all subsequent milestone dates will be required to be extended by one year. Notwithstanding this delay, MCI has continued to move forward. For example, indications are that charitable registration will be obtained in the near future and, once secured, MCI is set to announce, in conjunction with its music industry partners, a Canada wide promotion which will involve point of purchase displays in every retail music store.

Conclusions:

Negotiations between the City and MCI became deadlocked surrounding the issue of provision of parking for the TCCA and the milestone dates set out in the Term Sheet, as amended, are no longer feasible. Given the approval of a fixed link to the City Centre Airport, the provision of parking for the TCCA on the Canada Malting site is no longer an issue. Authority to extend the milestone dates for a period of one year should be granted in order that the City and MCI may move to execution of the Master Agreement governing the rehabilitation and reuse of the Canada Malting Complex.

Contact Name:

Bonnie G. Duncan, Tel: 416-392-1861, Fax: 416-392-1880, Email: bduncan.www.city.toronto.on.ca

________

(A copy of the map attached to the foregoing report was forwarded to all Members of Council with the January 18, 1999, agenda of the Corporate Services Committee and a copy thereof is also on file in the office of the City Clerk.)

11

Sale of Property - Deposit - 1801 Eglinton Avenue West,

Former City of York (York Eglinton - Ward 28)

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the following report (December 21, 1998) from the City Solicitor:

Purpose:

To obtain Council authority for the execution of an indemnification Agreement in favour of CB Richard Ellis Limited (formerly known as CB Commercial Real Estate Group Canada Inc.), so as to provide for the payment of a real estate deposit to the City.

Funding Sources, Financial Implications and Impact Statement:

Not Applicable.

Recommendation:

It is recommended that authority be granted to execute the Indemnification Agreement attached to this Report as Schedule "A".

Council Reference/Background/History:

The Corporation of the City of York acquired title to 1801 Eglinton Avenue West on May 31, 1996 pursuant to the Municipal Tax Sales Act. The property is a three-storey office building with some retail on the ground floor. The leaseable area of the building is approximately 42,138 square feet. There is underground parking for 16 motor vehicles. The property vested in the City as a result of no acceptable bids being received in the tax sale process.

In 1997, the City of York retained CB Commercial Real Estate Group Canada Inc. ("CB Commercial") to list three City-owned properties for sale, including the property at 1801 Eglinton Avenue West. All three properties have been sold. The sale of 1801 Eglinton Avenue East to Alzor Investments Inc. for $650,000.00 was completed on November 2, 1998.

In a previous attempt to sell 1801 Eglinton Avenue West, the City of York on December 12, 1997, entered into an Agreement of Purchase and Sale with "Marion Cass, (In Trust) on behalf of a company to be incorporated and without personal liability" for the amount of $475,000.00. A deposit of $47,500.00 was submitted by the Purchaser to CB Commercial, in trust, at the time the Agreement was executed. The transaction was scheduled to close on December 30, 1997. The Purchaser refused to close. The solicitor for the Purchaser alleged that a reference in the legal description to an encroachment constituted a matter going to the root of title. He also argued that the Agreement of Purchase and Sale had not been duly accepted by the City. The City took the position that the Agreement had been accepted and that the Purchaser's requisition with respect to title was not proper. Consequently, the City tendered the closing documents on the Purchaser and put the Purchaser on notice that she was in default under the Agreement and had forfeited the deposit.

CB Commercial has recently changed its name to CB Richard Ellis Limited ("CB Richard Ellis").

Comments and/or Discussion and/or Justification:

The City has requested payment of the $47,500.00 deposit from CB Richard Ellis. The Purchaser has refused to sign a Mutual Release authorizing CB Richard Ellis to pay the deposit to the City. However, CB Richard Ellis has agreed to release the deposit to the City provided that the City indemnifies CB Richard Ellis with respect to the consequences of CB Richard Ellis paying those monies to the City. The Indemnification Agreement is attached as Schedule "A" hereto. Since the dispute as to why the transaction did not close is between the City and the Purchaser (i.e., and does not involve the agent), the request by CB Richard Ellis for indemnification with respect to the paying out of the deposit is not unreasonable.

Conclusions:

The most expeditious means for the City to obtain the deposit monies is to provide the requested indemnification to CB Richard Ellis.

Contact Name:

Brian W. Haley, Solicitor

Legal Division

Planning and Administrative Tribunal Law

Tel. No. (416) 392-6757

Fax No. (416) 392-0024

________

SCHEDULE "A"

 THIS INDEMNIFICATION AGREEMENT made this day of , 1998.

B E T W E E N:

CB RICHARD ELLIS LIMITED, (formerly known as

CB COMMERCIAL REAL ESTATE GROUP CANADA INC.)

- and -

CITY OF TORONTO

WHEREAS Marion Cass in Trust, on behalf of a corporation to be incorporated and without personal liability, (hereinafter "Cass"), entered into an Agreement of Purchase and Sale with The Corporation of the City of York (hereinafter "York") on December 9, 1997, for the purchase of real property located in the former City of York, municipally known as 1801 Eglinton Ave. West (hereinafter the "Agreement");

AND WHEREAS the Agreement was entered into through CB Commercial Real Estate Group Canada Inc., now known as CB Richard Ellis Limited (hereinafter collectively known as "CB");

AND WHEREAS by Section 28 of the City of Toronto Act, 1997, The Corporation of the City of York was dissolved on January 1, 1998;

AND WHEREAS by Section 2 of the City of Toronto Act, 1997, there was established a body corporate under the name of "City of Toronto" on January 1, 1998;

AND WHEREAS the City of Toronto stands in the place of The Corporation of the City of York for all purposes including but not limited to all rights, interests, approvals, status, registrations, entitlements and contractual benefits and obligations;

AND WHEREAS deposit monies in the amount of Forty Seven Thousand Five Hundred (47,500.00) Dollars were paid by Cass to CB, in trust (hereinafter the "Deposit");

AND WHEREAS the Agreement of Purchase and Sale has not been completed and there is a dispute with respect to the reasons why the Agreement has not been completed; and whereas Cass and the City of Toronto are in dispute as to which one of them is entitled to the Deposit;

AND WHEREAS the City of Toronto has instructed CB to pay to it the Deposit presently held by CB in trust;

AND WHEREAS CB has advised the City of Toronto that it is prepared to pay the Deposit to the City of Toronto on the condition that the City of Toronto provide to CB unconditional indemnification with respect to the consequences of CB paying these monies to the City of Toronto;

NOW THEREFORE in consideration of the mutual covenants and agreements hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency whereof is hereby acknowledged by each of the parties hereto, the parties hereto agree as follows:

(1)The recitals set out above are true and correct in all respects.

(2)(a)This Indemnification Agreement shall apply to all claims made against CB and its officers and directors, arising from, or relating to, its payment of the Deposit, currently held by CB in trust, to the City of Toronto.

(b)The City of Toronto hereby undertakes and agrees to indemnify and save harmless CB and its present and former officers and directors from all liabilities, claims, assessments, fines, penalties, interest and costs, including all legal fees and disbursements, which CB may incur as a result of its payment of the Deposit to the City of Toronto, or arising from any claims made by any party as set out in section 2 (a) above.

(3)This Agreement contains the entire contract of the parties with respect to the subject matter hereof and supersedes all other agreements and understandings between the parties concerning the subject matter hereof.

(4)This Agreement may not be amended orally, but only by an agreement in writing, executed by each of the parties hereto.

(5)The undersigned representatives of the City of Toronto hereby represent and warrant that the City of Toronto has been properly and legally described herein.

(6)This Agreement shall enure to the benefit of, and be binding upon, each of the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns.

(7)This Agreement has been executed and delivered in the Province of Ontario, and it interpretation, validity and performance shall be construed and enforced in accordance with the laws of such province.

IN WITNESS WHEREOF the parties have signed and delivered this Agreement on the date first written above.

CB RICHARD ELLIS LIMITED, formerly known as

CB COMMERCIAL REAL ESTATE GROUP

CANADA INC.

Per: _____________________________

Per: _____________________________

I/We have authority to bind the Corporation

CITY OF TORONTO

Per: _____________________________

Per: _____________________________

I\We have the authority to bind the Corporation.

12

Licence - Portion of George Chater Park

(Premises 471 Windermere Avenue)

(High Park - Ward 19)

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The Corporate Services Committee recommends the adoption of the following report (January 4, 1999) from the Commissioner of Economic Development, Culture and Tourism:

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:

It is recommended that:

(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; and

(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 have 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 and Neighbourhood 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 Works and Emergency 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

13

Other Items Considered by the Committee

(City Council on February 2, 3 and 4, 1999, received this Clause, for information.)

(a)Number of Tickets Issued to Persons

With Disabled Parking Permits.

The Corporate Services Committee reports having endorsed the recommendations embodied in the following report:

(November 23, 1998) from the Chief Financial Officer and Treasurer, responding to a request from the Corporate Services Committee related to the number of tickets issued to persons with disabled parking permits, including those that are withdrawn; and recommending that:

(1)this report be received for information;

(2)the Chief of Police, Toronto Police Service, be requested to report to the Corporate Services Committee, through the Toronto Police Services Board, on the current method of evaluation by Parking Control Officers; and

(3)the Chief of Police, Toronto Police Service, be requested to report through the Toronto Police Services Board on current enforcement policies and suggested changes related to disabled parking permits.

(b)City of Toronto French Committee.

The Corporate Services Committee reports having received the following report; and having requested the Commissioner of Corporate Services to include, in her forthcoming report to the Corporate Services Committee in February, 1999, the following in the name of the City of Toronto French Committee, "Comité français de la Ville de Toronto":

(i)(January 5, 1999) from the Chief Administrative Officer, reporting, as requested by the Special Committee to Review the Final Report of the Toronto Transition Team, on an appropriate reporting structure and funding for the proposed City of Toronto French Committee; advising that in 1998, funding for the existing French Committee of Toronto City Hall was provided from the Corporate Services Department's Operating Budget; that an identical amount to the 1998 allocation has been included in the Department's preliminary operating estimates for 1999; that the Committee used this funding to finance its research, reports and meetings; that staff in the Corporate Communications Division of the Corporate Services Department served as the key contact between the Committee and the City of Toronto; that because of these historic linkages and the relevance of the proposed French Committee's activities to the corporate access and equity and information and communications portfolios, this matter has been referred to the Commissioner of Corporate Services for a more detailed response to the Special Committee's request; that the Commissioner of Corporate Services will report to the February meeting of the Corporate Services Committee in regard thereto; and recommending that this report be received for information.

(ii)(January 12, 1999) from Councillor Mario Silva, Trinity Niagara, forwarding correspondence (January 12, 1999) from Mr. Daniel St-Louis requesting that the following name be included in the name of the City of Toronto French Committee, "Comité français de la Ville de Toronto".

(c)Enquiry from Councillor Moscoe - Conflict of Interest.

The Corporate Services Committee reports having received the following communication:

(December 15, 1998) from the City Clerk, advising that City Council, on November 25, 26 and 27, 1998, had before it an enquiry dated September 30, 1998, addressed to the City Solicitor from Councillor Howard Moscoe, regarding the role of the City Solicitor in providing advice to Members of Council on matters related to conflict of interest; and that Council directed that the aforementioned enquiry, together with the answer thereto dated November 20, 1998, from the City Solicitor, be referred to the Corporate Services Committee for consideration.

(d)Service Level Harmonization.

The Corporate Services Committee reports having received the following communication:

(December 8, 1998) from the City Clerk, advising that City Council, on November 25, 26 and 27, 1998, adopted Clause No. 1 contained in Report No. 23 of the Strategic Policies and Priorities Committee, headed "Service Level Harmonization", and amended the aforementioned Clause by adding thereto the following:

"It is further recommended that:

(1)all reports on harmonization be first submitted to the Community Councils for comment, prior to consideration of such reports by Standing Committees; and

(2)comments from Community Councils be included in the reports to Standing Committees."

Respectfully submitted,

DICK O'BRIEN

Chair

Toronto, January 18, 1999

(Report No. 1 of The Corporate Services Committee, including additions thereto, was adopted, as amended, City Council on February 2, 3 and 4, 1999.)