1. Partial Property Acquisition – 3050 Dingman Drive – Dingman Drive Road Improvements
That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, with the concurrence of the Director, Roads and Transportation and the Division Manager, Transportation Planning and Design, on the advice of the Manager of Realty Services, with respect to the partial acquisition of property located at 3050 Dingman Drive, further described as Part Lot 16, Concession 3, as in WU58299, 175026, subject to 157301 subject to an easement in gross over Part 1, Plan 33R-18786 as in ER922719, City of London, County of Middlesex, designated as Parts 10, 11, 12 and 13 on Draft Reference Plan to be deposited as being part of PIN 08204-0198, being 0.30 acres as shown on the location map attached as Appendix “B”, for the purpose of future road improvements to accommodate the Dingman Drive road improvements project, the following actions be taken:
a) the offer submitted by Pamela Betterley (the “Vendor”), to sell the subject property to the City, for the sum of $143,000.00, BE ACCEPTED, subject to the following conditions:
i) the City agreeing to pay the Vendor’s reasonable legal fees, including disbursements and applicable taxes, as incurred to complete this transaction;
ii) the City, at its expense, agreeing to prepare and deposit on title, on or before closing, a reference plan describing the subject property;
iii) the City, agreeing to reimburse the Vendor for any reasonable costs associated with rehabilitating the septic tile bed in the event the said tile bed encroaches on property being acquired;
iv) the City acknowledging the Vendor is entitled to all rights and privileges, including total income with respect to a land lease with Bell Mobility Inc.; and
b) the financing for this acquisition BE APPROVED as set out in the Source of Financing Report attached hereto as Appendix “A”.
2. Offer to Purchase Surplus Land – Bluestone Properties Inc., Part of Huxley Street
That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager of Realty Services, with respect to the City owned surplus land being Part of HUXLEY ST (FORMERLY JOHN ST), PL 193, designated as Part 2 on 33R-20888, being Part of PIN 08397-0040 (LT) and further shown highlighted in red in Appendix “A” (“the Property”) in the City of London, County of Middlesex, the offer submitted by Bluestone Properties Inc. (the “Purchaser”), to purchase the subject Property from the City, at a purchase price of $220,000.00, which agreement is attached hereto as Appendix “B” BE ACCEPTED, subject to the following conditions:
a) the Purchaser shall be allowed until 4:30 PM on March 31st, 2021 (Requisition Date) to examine title to the property and at its own expense and to satisfy itself that there are no outstanding work orders or deficiency notices affecting the Property, that its present use may be lawfully continued and that the principal building may be insured against risk of fire;
b) this Agreement shall be completed by not later than 4:30 PM on April 15th, 2021. Upon completion, vacant possession of the Property shall be given to the Purchaser unless otherwise provided for in this Agreement;
c) the Purchaser shall have until 4:00 PM on March 31st, 2021 to satisfy itself in it sole and absolute discretion as to the soil, geotechnical, archaeological and environmental condition of the Property;
d) the Purchaser acknowledges that the Property is being purchased on an “as is” basis;
e) the Purchaser and the Vendor agree to pay their own legal costs, including fees, disbursements and applicable taxes, as required, to complete this transaction;
f) following the closing of this transaction, the Purchaser will grant to the Vendor, for nominal consideration being Two Dollars ($2.00), servicing easements as may be required over the entire Property, on the City’s standard municipal services easement form. The Purchaser acknowledges and agrees that the Vendor will be retaining a municipal services easement for municipal infrastructure and will be conveying any utility easements that may be required. This condition shall survive and not merge on the completion of this transaction;
g) the Purchaser acknowledges and agrees that third party utility easements will be registered by the Vendor on title to the Property prior to the closing of this transaction;
h) this Agreement is conditional upon the proof to the Vendor that the Purchaser is the registered owner of the abutting lands being 101 Baseline Road West and 107 Baseline Road West (the “Abutting Lands”) by on or before 4:00 PM on March 31st, 2021 (the “Abutting Ownership”); it being noted that as part of the original Municipal Council resolution issued on April 17th, 2000, the sale of the Vendor’s Property is only permitted to the rightful owner of the Abutting Lands and as such, the Vendor requires proof of Abutting Ownership;
i) both parties mutually agree that the Property will contain in perpetuity, a 10 foot (3.03 metres) dedicated pedestrian public accessible walkway (the “Public Walkway”) connecting Huxley Street to Baseline Road to be provided by easement in the form attached in Schedule “D” and as may be further described in any future development agreement and/or site plan approval brought forward by the Purchaser for the abutting Purchaser Land(s). All costs to relocate, reconstruct, or replace the Public Walkway (the “Pathway Relocation”) as part of a future development agreement and/or site plan approval shall be the sole responsibility of the Purchaser. As part of the Pathway Relocation the overall construction which shall include but not be limited to the size, material, standards, grading, placement, and final location shall be approved prior and in writing by the Vendor in its sole discretion; the Purchaser further acknowledges and agrees that for any portion of the Pathway Relocation onto the Purchaser’s abutting lands, the same rights as described in Schedule “D” shall be granted to the Vendor at nominal consideration. Once the Pathway Relocation is completed, all future maintenance, operation, improvements, and repairs of the Public Walkway on the Property portion of lands will remain the responsibility of the Purchaser and, this condition shall survive and not merge on the completion of this transaction; and,
j) this Agreement is conditional upon Municipal Council passing a by-law permanently closing the portion of Huxley Road Located on the property (the “Road Closing”) in accordance with the Municipal Act, 2001, as amended, on or before 4:00 PM on March 31st, 2021; if within that time, the Vendor has not given notice in writing to the Purchaser that this condition has been satisfied or waived then this Agreement shall be null and void and not further force or effect whatsoever and each party shall be released from all of it liabilities and obligation under this Agreement and the deposit shall be returned to the Purchaser forthwith, without interest or deduction except as otherwise provide for herein; it being noted that this condition is included for the benefit of the Vendor and may be waived at the Vendor’s sole option by notice in writing to the Purchaser as aforesaid within the time period stated herein.
3. Old Victoria Hospital Lands Phase II Disposition RFT 21 – 09
That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, with concurrence of the Director, Planning and City Planner, and on the advice of the Manager, Realty Services, with respect to the subject property known as Old Victoria Hospital Lands Phase II, being approximately 6.25 acres and further described as:
PARCEL 1 - Part of Lot 27 and all of Lots 26, 34 and 35, Registered Plan 172(E), designated as Part 1 on Plan 33R-17941, BEING ALL OF PIN 08315-0080 in the City of London and County of Middlesex;
PARCEL 2 - Lots 6, 7 and 8 South of Hill Street East and Lots 6, 7 and 8 North of South Street East on Crown Plan 30, Lots 21, 22, 23, 24, 25, 37, 40 and Part of Lots 36, 38 and 39 on Registered Plan 172(E), designated as Parts 1 and 2 on Plan 33R-17942 Save and Except Parts 1, 2, 3 and 4 on Plan 33R-20703, BEING ALL OF PIN 08329-0197 and PART OF PIN 08329-0198, in the City of London and County of Middlesex, (collectively the “Property”);
the offer submitted by Vision SoHo Alliance consisting of: Indwell Community Homes, Zerin Development Corporation, Homes Unlimited (London) Inc., Chelsea Green Home Society, Italian Seniors’ Project to purchase the subject properties from the City, for the sum of $2,000,000.00 BE ACCEPTED, subject to the additional conditions outlined in Schedule “D” of the Agreement of Purchase and Sale.