SWING CRANE AGREEMENT & TIEBACK AGREEMENT WITH EMPIRE COMMUNITIES

LTD. AT HUMBER BAY PARK EAST (AUGUST 2015)

Background Information and My Observations
The following documents were obtained under the Freedom of Information Act. Unfortunately,
Councillor Grimes has asked for a time extension and has not shared any records concerning this subject.
These documents are from Parks, Forestry and Recreation. This pdf will be updated.
The small parcel of land adjacent to 2183 Lake Shore Blvd, where the current Eau du Soleil Sales
Pavilion stands, is owned by the Toronto Region Conservation Authority (TRCA) and managed by the
City of Toronto. This land is officially part of Humber Bay Park East and therefore parkland.

The outlined land adjacent to 2183 Lake Shore Blvd W is a part of Humber Bay Park East. It is owned by the TRCA and
managed by the City of Toronto. The Eau du Soleil Sales Pavilion is at the bottom right of the outline.

In April 2013, this portion of Humber Bay Park East adjacent to 2183 Lake Shore Blvd W was leased to
Empire Communities Ltd. for a sales pavilion and associated parking lot. The lease was for three years
and expired on March 31, 2016. Empire Communities (2183 Lakeshore Blvd.) Ltd. committed to
improve the subject site with a park after the three year lease period expired. During 2013, Empire
Communities Ltd. and the City of Toronto were in discussions over the park plans. The lease did not
contemplate the park improvements specifically; this would be a separate arrangement with the City of
Toronto. [http://trca.on.ca/dotAsset/159140.pdf (pp. 70-72) and http://trca.on.ca/dotAsset/161179.pdf (p.
177)]

During the time period of this lease, Councillor Mark Grimes and Empire Communities Ltd. gifted the
Eau du Soleil Sales Pavilion to the Humber Bay Shores Condominium Association (HBSCA) [see
Humber Happenings, 7 #4, Winter 2014, p. 17]. Councillor Mark Grimes did not submit anything to
Etobicoke York Community Council or the TRCA about this gifting of the Sales Pavilion.
In April 2015, less than four months after the Sales Pavilion was gifted, Brian Majcenic (Parks, Ward
6) and Empire Communities Ltd. started formalizing two new Lease Agreements for that very parcel of
land. This section of Humber Bay Park East would now be called PIN: 076240125 in future documents.
There are a few interesting points about this new agreement:

These two new Lease Agreements expire December 31, 2017 but the Licensee will have the
option of extending this Agreement on a month to month basis upon the expiry of the term
under the same terms and conditions.
The original lease agreement already expired on March 31, 2016.
Unlike all the other motions, amendments, and lease concerning 2183 Lake Shore Blvd. W. and
the TRCA-owned land adjacent to this property, these Lease Agreements were not brought before
the Etobicoke York Community Council.
Councillor Grimes concurred to these agreements, If Parks and TRCA are satisfied with the
conditions. However, there is no public record that these two new agreements, which also
extended the original lease on the TRCA-owned property for another 21 months, were ever
brought to the attention of the TRCA.

In February 2016, after a large public outcry against the proposed Pavilion Project in Humber Bay Park
East, Councillor Grimes writes a rebuttal. He explains why the Sales Pavilion cannot be used for a
community centre and hints that the new Pavilion will serve the same purpose and more, My original
plan had been to repurpose the Eau Du Soleil sales centre building as a new community facility, but City
Parks staff's assessment was that the building does not meet the City's standards. While this could have
been the end of the project, I worked with the city and developed a different proposal, replacing the old
buildings in Humber Bay Park East with a brand new, purpose-built facility to serve the community in a
variety of ways.
It should be noted that I have yet to find any public record or documentation of City Parks staff doing an
assessment of the Sales Pavilion. As well, there is no explanation of how this building does not meet the
Citys standards.
Also in February 2016, Councillor Grimes submitted a request to Etobicoke York Community Council
titled: Request for Report on Feasibility of Re-Purposing the Sales Centre at 2183 Lake Shore Boulevard
West as a City-owned Community Centre. It is unclear why this sort of request was not submitted in 2014
when the Sales Pavilion was first gifted. However, Councillor Grime's request for a report would not
nullify the TRCA resolution and any changes to the agreement would have to be brought to TRCA's
Executive and Authority for approval. For more info on 2183 Lake Shore Blvd W, see:
https://www.scribd.com/doc/300212667/Timeline-of-the-Humber-Bay-Park-East-Pavilion-Project

SUMMARY
In 2013, TRCA leases a portion of Humber Bay Park East for 3 years to Empire Communities Ltd. for the
purpose of a Sales Pavilion and parking lot. Empire Communities Ltd. commits to improving the subject
site with a park at the end of the lease (i.e. March 31, 2016). In 2014, Councillor Grimes and Empire
Communities Ltd, donate the Sales Pavilion to HBSCA without the TRCAs knowledge (and this would
potentially be in violation of their lease agreement). No official requests or motions are submitted to City
Council or the TRCA concerning this arrangement. In 2015, two new lease agreements are passed
concerning the TRCA-owned property which extends the lease to December 31, 2017 and beyond. It is
uncertain if TRCA were informed of these new agreements; there is no record in the TRCA minutes, nor
were there any official requests/motions submitted concerning these new leases at City Council. In 2016,
Councillor Grimes submits an official request to Council to see if the Sales Pavilion can be re-purposed as
a community centre (it is unclear why this was not done in 2014). This request is submitted one month
before the official lease for the land expires. If the new agreements did not extend the lease until
December 2017, then Empire Communities and the City of Toronto would have had to start improving
this site with a park (and probably demolish the Sales Pavilion to fulfill the conditions of the lease)
Brian Majcenic RE: Empire Communities License Agreement
From: Brian Majcenic [mailto:bmajcen@toronto.c]
Sent: April-13-15 12:28PM
To: Councillor Grimes
Cc: Kim Edgar
Subject: Empire Communities License Agreement
Good afternoon Councillor,
The Business Services unit of the Parks, Forestry and Recreation Division is currently in the process of
formalizing three agreements with Empire Communities (2183 Lake Shore Blvd) Ltd for the use of
parkland adjacent to 2183 Lake Shore Blvd. The agreements are for the use of a crane swing, construction
tiebacks and caissons associated with condominium development at 2183 Lake Shore Blvd. The parkland
is owned by the Toronto and Region Conservation Authority and is managed by the City under the
current management agreement between the TRCA and the City (please see the area delineated green on
the attached). The term of the crane swing agreement will commence on May 1, 2015 and expire on
December 31, 2017 with the option, if necessary, of continuing in overhold on a month to month basis.
As the parkland in question is located in Ward 6, I am seeking your concurrence on this matter so that we
may proceed with the approval process.
Please let me know if you have any questions or concerns.
Thank you,
Brian
Brian Majcenic | Parks, Forestry + Recreation | City of Toronto
t. 416-392-1485 | e. bmajcen@toronto.ca

From: Kim Edgar kedgar@toronto.ca

To: Brian Majcenic bmajcen@toronto.ca
Date: 04/13/2015 1:22 PM
Subject: RE: Empire Communities License Agreement
Hi Brian,
If Parks and TRCA are satisfied with the conditions, then Councillor Grimes has no concerns.
Thanks,
Kim

PIN: 076240125, directly adjacent to 2183 Lake Shore Blvd West, collectively shown in the attached Schedule
A (the Licensed Area)

DELEGATED APPROVAL FORM

Prepared By: Brian Majcenic
Branch & Ward: Parks Branch, Ward 6
Date Prepared: July 1, 2015
Phone No: (416) 392-1485
Date Required By: ASAP
Purpose: To obtain authority into two License Agreements with Empire Communities (2183 Lake Shore
Blvd) Ltd. (the Licensee) which will consist of a Crane Swing Agreement and an Agreement for the use
of Tiebacks both of which will be used in the construction of a condominium development directly
adjacent to parkland owned by the Toronto Region Conservation Authority and managed by the City.
Location: PIN: 076240125, directly adjacent to 2183 Lake Shore Blvd West, collectively shown in the
attached Schedule A (the Licensed Area)
Financial Implications: Net revenue generated to the City will be $101, 631. 04 for the Crane Swing
Agreement and $45, 931.92 for the Tieback Agreement plus all ad any applicable taxes for the term of the
agreements.
Recommendations:
1.

Authority be granted to enter into a two (2) year and eight (8) month License
Agreement with an approximate commencement date of November 1, 2015 with
Empire Communities (2183 Lake Shore Blvd) Ltd for the Crane Swing used in
conjunction with the condominium development,
2. Authority be granted to enter into a License Agreement for the use of
construction tie-backs with Empire Communities (2183 Lake Shore Blvd) Ltd;
and
3. The appropriate City Officials be authorized and directed to take the necessary
action to give effect thereto.
Comments: Empire Communities (2183 Lake Shore Blvd) Ltd approached Parks, Forestry and
Recreation to enter into two separate Agreements which are included under one DAF.
Agreement #1
The Licensee will be operating a crane from the property adjacent to the Licensed Area, the span of which
will encroach over the Licensed Area by 11,123 square feet as shown on the attached Schedule B, for a
period of 32 months with an approximate commencement date of November 1, 2015. The Licensee will
have the option of extending this Agreement on a month to month basis upon the expiry of the term
under the same terms and conditions.
Agreement #2
The Licensee requires a License Agreement for construction tiebacks with the Licensed Area as part of
construction for the new condominium development directly adjacent to the Licensed Area. The total

plane area of the tie-back encroachment is 17, 427 square feet as shown delineated in red on the attached
Schedule C. The Agreement for the tie-backs contemplates a one-time charge.
The proposed terms are fair and reasonable and Parks staff supports this proposal.
On August 7 and 8, 2015, this was recommended/approved by Ryan Glenn, Manager; Ann Ulusoy,
Director; Janie Romoff, General Manager. Donna Kovachis and Lisa Strucken from the Legal Division of
Parks, Forestry and Recreation said to proceed with the Agreement. Councillor Mark grimes, via his EA,
Kim Edgar, concurred.

Agreement #2: The Licensee requires a License Agreement for construction tiebacks with the Licensed Area as part of
construction for the new condominium development directly adjacent to the Licensed Area. The total plane area of the tie-back
encroachment is 17, 427 square feet as shown delineated in red on the attached Schedule C. The Agreement for the tie-backs
contemplates a one-time charge.

Agreement #1 The Licensee will be operating a crane from the property adjacent to the Licensed Area, the span of which will
encroach over the Licensed Area by 11,123 square feet as shown on the attached Schedule B, for a period of 32 months with an
approximate commencement date of November 1, 2015. The Licensee will have the option of extending this Agreement on a
month to month basis upon the expiry of the term under the same terms and conditions.

Unfortunately, the top doc has no information. The only legible thing on the bottom document is: It is a condition of
these letters patent that the land shall be used only for public recreation