1. Property Acquisition – 92 Wellington Road – Wellington Gateway Project
That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, with the concurrence of the Managing Director, Environmental and Engineering Services and City Engineer, the Director, Rapid Transit, on the advice of the Manager of Realty Services, with respect to the property located at 92 Wellington Road, further described as Part Lot 25, Broken Front Concession, Geographic Township of Westminster, as in Inst. No. 926827, being all of PIN 08357-0086 (LT), containing an area of approximately 5,365 square feet, as shown on the location map attached, for the purpose of future road improvements to accommodate the Wellington Gateway Project, the following actions be taken:
a) the offer submitted by Laura Guillen-Campos Garcia (the “Vendor”), to sell the subject property to the City, for the sum of $360,000.00 BE ACCEPTED, subject to the following conditions:
i) the Vendor agreeing that all existing appliances are to be included (stoves, fridges, dishwashers, washers, dryers). Unless otherwise stated in this agreement or any schedule hereto, the Vendor agrees to convey all appliances included in the purchase price free from all liens, encumbrances or claims affecting the said fixtures and chattels;
ii) the City, or an agent of the City, shall be entitled to enter and inspect the property including all dwellings and buildings prior to the closing of this agreement;
iii) the Vendor agreeing that all buildings on the property and all other things being purchased shall be and remain until completion at the risk of the Vendor. Pending completion, the Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interests may appear and in the event of substantial damage, the City may either terminate this agreement and have all monies paid returned without interest or deduction, or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion;
iv) the Vendor agreeing to leave the property neat and tidy, free and clear of all refuse, hazardous and other waste material, garbage or other loose or objectionable materials. Should this condition not be met at the time of closing, the City reserves the right to delay the closing and / or void this agreement; and
b) the financing for this acquisition BE APPROVED as set out in the source of Financing Report attached hereto as Appendix “A”.
2. Property Acquisition – 682-686 Adelaide Street North – Owners: Frank and Gus Pizza Inc. – Adelaide Street CP Rail Grade Separation Project
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 Division Manager, Transportation Planning and Design, on the advice of the Manager of Realty Services, with respect to the property located at 682, 684 and 686 Adelaide Street North, further described as Part of Lot 4, Plan 166 (3rd), being All of PIN 08279-0062 (LT), as shown on the location map attached, for the purpose of a future road improvement to accommodate the Adelaide Street CP Rail Grade Separation Project, the following actions be taken:
a) the Settlement Agreement, attached as Schedule “A”, submitted by Frank and Gus Pizza Inc., to sell the subject property to the City, for the sum of $1,195,000.00 BE ACCEPTED, subject to the following conditions:
i) the City agreeing to pay the Vendor’s reasonable legal, appraisal costs, accounting fees, including fees, disbursements and applicable taxes, as incurred to complete this transaction;
ii) the City agreeing to pay compensation for any bonus legally payable and for any loss incurred by reason of a difference in interest rates, pertaining to the existing mortgage;
iii) the City agreeing to pay the Vendor, on closing, the additional sum of $530,000.00 on account of a business loss pursuant to Section 19 (1) of the Expropriations Act;
iv) the City agreeing to reimburse the Vendor for its reasonable costs incurred to terminate its current employees, in compliance with the Employment Standards Act, as a holdback provision;
v) the City agreeing to the reimburse the Vendor for reasonable legal, and other non-recoverable expenditures incurred in acquiring a similar replacement property providing a claim is made within one year of the date of possession; and,
b) the financing for this settlement BE APPROVED as set out in the Source of Financing Report attached hereto as Appendix “A”.
3. Property Acquisition – 688 Adelaide Street North – Owners: 1887197 Ontario Inc. – Adelaide Street CP Rail Grade Separation Project
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 Division Manager, Transportation Planning and Design, on the advice of the Manager of Realty Services, with respect to the property located at 688 Adelaide Street North, further described as Part of Lot 4, Plan 166 (3rd), being all of PIN 08279-0381(LT) and all of PIN 08279-0382, as shown on the location map attached, for the purpose of a future road improvement to accommodate the Adelaide Street CP Rail Grade Separation Project, the following actions be taken:
a) the offers submitted by 1887197 Ontario Inc., attached as Schedule “A” and Schedule “B”, to sell the subject property to the City, for the sum of $420,000.00 BE ACCEPTED, subject to the following conditions:
i) the City agreeing to pay the Vendor’s reasonable legal, appraisal costs, accounting fees, including fees, disbursements and applicable taxes, as incurred to complete this transaction;
ii) the City agreeing to pay compensation for any bonus legally payable and for any loss incurred by reason of a difference in interest rates, pertaining to the existing mortgage; and
b) the financing for this settlement BE APPROVED as set out in the Source of Financing Report attached hereto as Appendix “A”.
4. License Renewal Agreement – 380 Wellington Street – City and WMJ (LCC) Holdings Inc. – Corporate Security and Emergency Management Division
That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, with the review and concurrence of the Director, Corporate Security and Emergency Management Division, on the advice of the Manager of Realty Services, the following actions be taken with respect to the License Renewal Agreement for 380 Wellington Street:
a) the License Renewal Agreement (the “License Agreement”), attached as Schedule “A”, between the WMJ (LCC) Holdings Inc., (the “Licensor”), for the non-exclusive right to use a portion of the roof (the “Site”) located at 380 Wellington Street, for a term of five (5) years (the “First Renewal Term”), commencing on the 1st day of January, 2021, and from thenceforth ensuing to be completed and fully ended on the 31st day of December, 2025 BE ACCEPTED;
b) the Licensee shall pay to the Licensor throughout the First Renewal Term a license fee (the “Basic Fee”) as set out below, being a net license fee. Such Basic Fee shall be paid in advance, plus applicable taxes. Without any deduction, abatement or set off and without demand in equal consecutive monthly instalments of $1,833.33 on the first of each month commencing on the Effective Date. At the beginning of each contractual year during the First Renewal Term the amount of the Basic Fee payable during the previous year shall be increased by the greater of three percent (3%), or the percentile increase in the all items Consumer Price Index (CPI) over the previous year, as established by Statistics Canada for the Province of Ontario; and,
c) section 2(4) of the License Agreement “Option to Renew”, shall be amended by replacing the words “two further periods of five (5) years each” with “four further periods of five (5) years each”. The remainder of Section 2(4) shall remain the same and the parties acknowledge that this Renewal Agreement reflects the Licensee’s exercise of the first renewal under the License Agreement.
5. Property Acquisition – 2 Saunby Street – For Natural Heritage Open Space
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 property municipally known as part of 2 Saunby Street, located on the south side of Saunby Street, directly abutting west side of the Thames River, as shown on the attached location map, further described as, Part Lot 15 & All Of Lot 16 Plan 43(W) As In 672702; Except W23667, Being The Entire Pin 082470126 (LT) In The City Of London, County Of Middlesex containing an area of approximately 0.545 acres, for the purpose of a park acquisition to protect natural heritage features and to the allow the City to connect the existing pathway systems along the Thames River, the following actions be taken:
a) the offer submitted by Ronald Alfred Falck And Richard Alexander Falck (the “Vendor”), attached as Schedule “A”, to sell the subject property to the City, for the sum of $677,000.00 BE ACCEPTED, subject to the following conditions:
i) the City shall have until January 15th, 2021 to satisfy itself in its sole and absolute discretion as to the title, soil, geotechnical, archaeological and environmental condition of the property;
ii) conditional upon the inspection of the Property by the Purchaser’s inspector(s) (the “Inspection”) at the Purchaser’s own expense, and the obtaining of a report(s) (the “Report”) satisfactory to the Purchaser in the Purchaser’s sole and absolute discretion until January 15th, 2021;
iii) the Purchaser agrees to reimburse the Vendor’s reasonable legal fees associated with the preparation and closing of this transaction which shall be up to a maximum of Two Thousand Dollars ($2,000.00) CDN (excluding tax). Upon closing, the Purchaser agrees to reimburse the Vendor’s appraisal costs as part of this transaction which shall be to a maximum of Four Thousand Five Hundred Dollars ($4,500.00) CDN (excluding tax);
iv) the agreement shall be completed no later than 4:30 p.m. on February 1st 2021; and
b) the financing for this purchase BE APPROVED as set out in the source of Financing Report attached hereto as Appendix “A”.