1. Offer to Purchase – Industrial Land – 2311643 Ontario Inc. – Innovation Park, Phase l and ll
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 industrial land located in Innovation Park, Phase I and II, containing an area of approximately 8 acres, located on the west side of Innovation Drive, and being composed of Firstly: Part of Block 3 in Plan 33M-544 and more specifically shown as Part 4 and Part 5 in 33R-20743 and being part of PIN 08197-0292 and Secondly: Part of Block 17 in Plan 33M-544 and more specifically shown as Part 6 in Plan 33R-20743 being Part of PIN 08197-0125 and Thirdly: Part of Concept Drive (as closed by By-Law No. S-5696-7 registered as Ins. ER963777) in Plan 33M-544 and more specifically shown as Part 18 in Plan 33R-20743 and being Part of PIN 08197-0134 and Fourthly: Part of Block 16 in 33M-544 and shown more specifically as Part 10 in Plan 33R-20743 and being part of PIN 08197-0124 and Fifthly: Part of Block 1 in Plan 33M-592 and shown more specifically as Part 17 in Plan 33R-20743 and being part of PIN 08197-0143 and Sixthly: Part of Block 1 in Plan 33M-592 being part of PIN 08197-0143, the Agreement of Purchase and Sale (the “Agreement” attached as Appendix “B”) submitted by 2311643 Ontario Inc. (the “Purchaser”) to purchase eight (8) acres of the subject property from the City, at a purchase price of $560,000.00, (reflecting a sale price of $70,000.00 per acre), BE ACCEPTED subject to the following conditions:
a) the Purchaser be allowed ninety (90) days from the date of acceptance of this Agreement to examine title at the Purchaser’s own expense;
b) the Purchaser be allowed ninety (90) days from the date of acceptance of this Agreement to carry out soil tests as it might reasonably require;
c) the Purchaser be allowed ninety (90) days from the date of acceptance of this Agreement to conduct environmental inspections and investigations of the property;
d) the Purchaser satisfying itself, within ninety (90) days from the acceptance, of the geotechnical condition of the property;
e) the City agreeing to prepare and deposit on title, on or before closing and at its expense, a reference plan describing the property; and
f) the City shall have ninety (90) days from the date of acceptance of this Agreement to terminate the existing Farmland Lease Agreement with the farm tenant.
2. Property Disposition – Request for Proposal 20-02723 – Lorne Avenue Development
That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, with the concurrence of the Director, City Planning and City Planner, on the advice of the Manager of Realty Services, with respect to the subject City-owned property being part of 723 Lorne Avenue, further described as Parts 2, 3, and 4, Reference Plan 33R-20314, containing an area of approximately 1.83 acres, the Request for Proposal 20-02 (RFP20-02) to Habitat for Humanity, under the corporate name Habitat for Humanity Heartland Ontario Inc., and the offer submitted by Habitat for Humanity Heartland Ontario Inc.(the “Purchaser”) to purchase the subject property from the City, for the sum of $595,000.00, BE ACCEPTED subject to the following conditions:
a) the Purchaser acknowledges that the property is being purchased on an “as-is” basis;
b) the Purchaser shall be allowed until February 19, 2021 to examine the title to the property;
c) the Purchaser shall have a period of 180 days from the date of acceptance of this offer to satisfy itself in its absolute discretion as to the geotechnical, soil and environmental condition of the property;
d) the Purchaser agrees to accept the title to the property subject to any easements in favour of utilities required to supply services including gas, telephone, water, steam energy, storm and sanitary sewers and any other easements registered on title;
e) this offer shall be completed by no later than 4:00 p.m. on March 19, 2021;
f) the City agreeing to prepare and deposit on title, on or before closing and at its expense, a reference plan describing the public road as referenced in Provision 9 of the offer;
g) the Purchaser acknowledges that prior to the issuance of a development agreement, the Purchaser shall be subject to plan of subdivision and permitting process which may include but not be limited to an approval for the location of entrance(s) to the site, granting municipal easements, verifying servicing requirements, obtaining approvals and satisfying requirements with respect to height and density restrictions, zoning, and obtaining, if necessary, any permits or agreements required from the Upper Thames River Conservation Authority (UTRCA) and any other approvals deemed necessary by the City; and
h) the Purchaser shall be responsible for obtaining all building permits, at the Purchaser’s expense, within 18 months from the closing date. The subject site is to be completely developed (the “Development Project”) within 60 months from closing date;
it being noted that proceeds from this sale will be allocated to replenish the Land Acquisition Reserve Fund in the amount of $325,397 and the remaining proceeds from this sale will be allocated to the Operating Budget Contingency Reserve which served as a source of funding for the school demolition.
3. Property Acquisition – Settlement Agreement – 100 Stanley Street – Wharncliffe Road South Improvements 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 the Division Manager, Transportation Planning and Design, on the advice of the Manager of Realty Services, the following actions be taken with respect to the property located at 100 Stanley Street, further described as Part of Lots 17 and 18, Plan 427(4th) in the City of London, County of Middlesex, described as Parts 1 and 2 on Expropriation Plan ER1291120, subject to a right of way over Part 2 on Plan ER1291120, being all of PIN 08324-0002(LT), as shown on the location map attached as Appendix “B”, for the purpose of future road improvements to accommodate the Wharncliffe Road South Improvements Project:
a) the Settlement Agreement submitted by Nancy Ellen Duff Finlayson, as full and final compensation, including the City of London’s Section 25 Offer of Compensation, market value of the land, disturbance damages and statutory interest, for the expropriation of the entire subject property located at 100 Stanley Street, for the sum of $500,000.00, BE ACCEPTED, subject to the additional conditions as outlined in the Settlement Agreement attached as Appendix “E”, summarized as follows:
i) the City agrees pay to the Owner disturbance damages in the amount of $7,500.00 pursuant to Section 13 of the Expropriations Act. This disturbance damage in the amount of $7,500.00 is conditional on the Owner providing vacant possession no later than November 1, 2020;
ii) in accordance with Section 18 of the Expropriations Act, the City shall pay to the Owner an allowance of 5 per cent of the compensation payable in respect of the market value of the lands, reflecting an amount of $25,000.00 for disturbance, including moving expenses and other costs to relocate to a suitable replacement property;
iii) the City agreeing to pay the Owner’s reasonable legal, appraisal costs, including fees, disbursements and applicable taxes, as incurred to complete this transaction;
iv) the City agreeing to pay compensation to the Owner for any bonus legally payable and for any loss incurred by reason of a difference in interest rates, pertaining to the existing mortgage;
v) the City agreeing to pay to the Owner reasonable legal and other non-recoverable expenditures incurred by the Owner in acquiring a similar replacement property, providing a claim is made within one and one half years of the date of possession;
vi) a Right of First Refusal in favour of the Owner, if the dwelling is relocated by the City and the City offers the relocated dwelling for sale to a third party. The City agrees to give the Owner thirty (30) calendar days to match the offer from a third party for the relocated dwelling on the same terms and conditions as were offered by the third party. If the Owner does not accept the offer within the thirty (30) calendar day period, the City shall be free to accept the third party offer and complete the transaction;
vii) if the City does not relocate the dwelling for any reason, the Owner shall have the opportunity to remove and salvage those articles set out in Schedule “C”, of the Settlement Agreement subject to such terms and conditions as may be specified by Council and subject to any terms and conditions of any requirements under the Ontario Heritage Act, RSO 1990, Chapter O.18, relating to the cultural heritage value or interest of the property. The Purchaser shall allow the Owner a maximum of sixty (60) calendar days to remove any those items set out in Schedule “C” in the Settlement Agreement, at the sole expense of the Owner, provided such items meet the terms and conditions, if any, specified by Council;
viii) if the City does not proceed with the Wharncliffe Road South Improvements Project, in whole or in part for any reason, and such action results in the dwelling not being required to be relocated or to be removed, the Parties agree that the City shall give the Owner thirty (30) calendar days to decide on whether to repurchase the dwelling for the same consideration set out in this Offer. Upon the expiry of the thirty (30) calendar days the City shall be at liberty to sell the dwelling to a third party; and
b) the financing for this acquisition BE APPROVED as set out in the Source of Financing Report attached hereto as Appendix “A”.
4. Execution of Collective Agreement for Unifor Local 302 – July 1, 2019 to June 30, 2022
That, on the recommendation of the Director, People Services, with the concurrence of the City Manager, the Civic Administration BE DIRECTED to undertake all administrative acts that are necessary in order for the Mayor and the City Clerk to obtain the necessary authorization to execute the Collective Agreement for the years 2019 to 2022, appended as Schedule “C” to the staff report dated August 10, 2020, pursuant to the Memorandum of Agreement dated September 11, 2019 (Schedule “A”), and incorporating the “Agreed To Items” dated July 16 and 17, 2019 and September 11, 2019 (Schedules “A” and “B”), between The Corporation of the City of London and Unifor Local 302.
6. Awarding of the 2020 Queen Elizabeth Scholarships
That, on the recommendation of the City Clerk and in recognition of achieving the highest scholastic achievement in their graduating year, the following students BE AWARDED the 2020 Queen Elizabeth Scholarships, in the amounts shown:
Mohammed Goha Saunders Secondary School 99.50% $2,000
Lily Spoozak Catholic Central High School 99.33% $2,000