Item - 2018.MM41.26
Tracking Status
- City Council adopted this item on May 22, 2018 without amendments.
MM41.26 - 4841 to 4881 Yonge Street, 2 and 50 Sheppard Avenue East and 4 and 6 Forest Laneway - Authorization to Amend Section 37 Agreement - by Councillor John Filion, seconded by Councillor Mary Fragedakis
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 23 - Willowdale
City Council Decision
City Council on May 22, 23 and 24, 2018, adopted the following:
1. City Council amend the Section 37 Agreement for 4841 to 4881 Yonge Street, 2 and 50 Sheppard Avenue East and 4 and 6 Forest Laneway to provide that:
a. the hard and soft costs of the Additional Improvements shall not exceed maximum of $891,000.00 ($788,495.00 plus HST) (the "Fixturing Amount"), plus an additional amount to comply with the Fair Wage Policy and Labour Trades Contractual Obligations in the Construction Industry up to a maximum of $239,000.00 ($211,505.00 plus HST) (the "Fair Wage Amount");
b. the Owner shall request reimbursement of the total cost of the Additional Improvements in an amount not exceeding the Fixturing Amount plus the Fair Wage Amount, by providing true copies of invoices for the Additional Improvements, Fixturing Amount, and Fair Wage Amount, together with a certificate of completion from the Owner's architect and/or quantity surveyor acceptable to the City, certifying the total cost of work completed for the Additional Improvements;
c. the Fixturing Amount and the Fair Wage Amount shall be refunded by the City to the Owner, from part of the Monetary Contribution paid by the Owner to the City;
d. the Owner shall execute final versions of the Social Facility Lease and the Child Care Facility Lease on or before the execution of a Site Plan Agreement in relation to the development of the Lands;
e. the Owner shall provide a fair market value appraisal of the City's ninety-nine (99) year leasehold interests in the Social Facility and the Child Care Facility on or before the execution of a Site Plan Agreement in relation to the development of the Lands, at least forty-five (45) days prior to registration of the Social Facility Lease and the Child Care Facility Lease on title; and
f. the Owner shall complete the Child Care Facility and Social Facility and have them ready for occupancy and available to the City and/or the operator within thirty-one (31) months of issuance of the first Above-Grade Building Permit for the Phase 1 Retail Renovations.
2. City Council authorize the City Solicitor and any other necessary staff to take the necessary steps to carry out City Council's decision.
Background Information (City Council)
Motions (City Council)
Speaker Nunziata advised Council that the provisions of Chapter 27, Council Procedures, need to be waived to permit introduction of Motion MM41.26. A two-thirds vote of Council Members present is required to waive notice.
Speaker Nunziata advised Council that the provisions of Chapter 27, Council Procedures, require that Motion MM41.26 be referred to the North York Community Council. A two-thirds vote of the Council Members present is required to waive referral.
Vote (Adopt Item) May-24-2018 5:08 PM
| Result: Carried | Majority Required - MM41.26 - Adopt the item |
|---|---|
| Total members that voted Yes: 34 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Jim Hart, Stephen Holyday, Norman Kelly, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Neethan Shan, David Shiner, John Tory, Lucy Troisi, Jonathan Tsao, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 10 | Members that were absent are Gary Crawford, Vincent Crisanti, Mark Grimes, Michelle Holland, Jim Karygiannis, Giorgio Mammoliti, Denzil Minnan-Wong, Anthony Perruzza, Jaye Robinson, Michael Thompson |
Councillor Filion, rising on a Point of Order, stated that Councillor Shiner's remarks were on a different Item that was considered at North York Community Council.
Councillor Shiner rising on a Point of Privilege, stated that he had not delayed the execution of the Section 37 Agreement.
Councillor Augimeri, rising on a Point of Privilege, stated that she had just told the new Member of Council that North York Community Council meetings are collegial.