The URL can be used to link to this page

Home My WebLink AboutCRPS-10-121 - Various Agmts - Civic District Pkg GarageREPORT TO: Committee of The Whole DATE OF MEETING: June 28, 2010 SUBMITTED BY: Lesley MacDonald, Director of Legal Services and City Solicitor PREPARED BY: Lesley MacDonald, Direcor of Legal Services and City Solicitor WARD(S) INVOLVED: Ward 1 DATE OF REPORT: June 23, 2010 REPORT NO.: CRPS -10-121 SUBJECT: EXECUTION OF VARIOUS LEGAL AGREEMENTS WITH RESPECT TO THE CIVIC DISTRICT PARKING GARAGE RECOMMENDATION: That the Mayor and Clerk be authorized to execute a license agreement with the Regional Municipality of Waterloo for the construction of a part of the Civic District parking garage and its appurtenances on a portion of abutting land owned by the Regional Municipality of Waterloo; said agreement to be to the satisfaction of the City Solicitor; and further That the Mayor and Clerk be authorized to execute a license agreement with the Regional Municipality of Waterloo to permit the installation of a Regional bus shelter on City property at the corner of Ahrens Street and Queen Street North; said agreement to be to the satisfaction of the City Solicitor; and further That the Mayor and Clerk be authorized to execute a limiting distance agreement with the Regional Municipality of Waterloo pursuant to the Building Code to establish the appropriate distance separations from the adjacent property in the construction of the addition to the Kitchener Public Library; said agreement to be to the satisfaction of the City Solicitor; and further That the Mayor and Clerk be authorized to execute an agreement with the Regional Municipality of Waterloo for the construction of an emergency generator room for the Region at their cost; said agreement to be to the satisfaction of the City Solicitor. BACKGROUND: The City is constructing an underground parking garage as part of an expansion and renovation of the main branch of the Kitchener Public Library at 85 Queen Street, North. This underground garage will provide parking for Library users, new Provincial courthouse staff and 100 parking spaces for Regional use. To facilitate the underground garage a portion of the garage will have to be located below surface on a thin strip of Regional land behind 134 Frederick Street - Waterloo Regional Police Service (WRPS) Division #1 and 150 Frederick Street -Regional Administration building while the Region will retain surface ownership of its land. 13- 1 REPORT: The Parking Garage structure will encroach upon abutting lands owned by the Region along the northwest boundary. The encroachment will primarily be subsurface to a depth of 10m and comprise concrete foundation walls. The Region will maintain full use of the surface of these lands (subject to the limiting distance agreement described below) following construction. At three points along the main concrete wall, access stairwells (some with elevators) will be constructed. One of these will be integrated with an existing access to the Region's parking garage. Regional and City staff propose to address the encroachment through a license agreement, with an initial term of 49 years and a renewal period of 49 years for a consideration of $2 per year. The City also requires a limiting distance agreement to address two areas in the design of the Kitchener Public Library addition. The design provides for a glazed area along the Regional boundary, partially unprotected by fire suppression systems as well as an area running parallel to the jail wall or perpendicular to Queen Street that exceeds the minimum limiting distance required under the Building Code. The Building Code does permit the owners of land to enter into an agreement for the establishment of the point beyond the property line that would jointly restrict the unprotected openings of any current or future building. In order to obtain a building permit for the project, the City of Kitchener requires an agreement with the Region to establish a new limiting distance between their respective lands for the areas of concern. As part of the planning of the parking garage Regional staff identified the need for an underground generator room which could service additional Regional buildings in the square and they have worked out a plan to include a room in the underground space between the new parking garage and the existing Administration building garage. It has been proposed that the generator room and equipment rough-ins be included as part of the parking garage construction to take advantage of the excavation already being done and using the tendered contracts being put in place for the parking garage project. The cost of this additional component will be the responsibility of the Region. An agreement with the Region will be required to formalize this arrangement. As part of site plan review, the need for a bus shelter has been identified and the Region requires an encroachment agreement with the City to permit the installation of a shelter on City property at the corner of Ahrens Street and Queen Street North. FINANCIAL IMPLICATIONS: The only costs implications pertain to the construction of the emergency generator room and these costs are the responsibility of the Region. CONCLUSION: The City needs to be in the position to execute the various agreements with the Region as they work through the site plan approval process. Site plan approval can't be finalized until such time as these agreements have been executed. These agreements will need to be completed over the summer months in order to be in keeping with the timing of this project. ACKNOWLEDGED BY: Troy Speck, General Manager of Corporate Services 13-2 i ~ ~ ~ i i - ~_ ;I c o~~ _'~ n N orn o~~~ ~z i ~~ 0 3~ ~;~~~ ~~ C ~ Z~~ \~ ^ m ~ /~ x ~-'"` ~ o l ~ ~ o I ~~ ~~ _ f W ~ ~ y f 3 chi ~ ur { ~ ~ wo ~~ j C G0 V ~ ~ Vn ~ o I ~ I v \~ ao rna ~~ ,~ m i I ~ I --__ __~ i ®® rn I I ~ I I ~ ~ I p = m z I m m I I ~ Z ~ I N ~ ~ ~ I N m ~ ~ ~ I I z ~ I - - ~ ~ _ 0.~.. _..._._.___ 2 ~ - _ ~ ~ __ - = ~ ~ J~ c ~ f ~ II °~ D Z~ ~ ~ . Il W ~ i ~Z~ ~z ~ -- I - - -- ~ m l ~o ~ I 1~ ~~ o W ~ iz m~ mo, ~~ N o~oZOx as J ~ I rn Q ro ~ r I , o m I `! ~ymrn v ~ ~ I o ~ n m z ~ ~ II c~ o~~io~ - ~ ~ II I c C ~ L~fn -~u~ nz ci ~mxm~ 1 0 `"~ ~~, ~ N ~~ I { 3 I ~ _.,~_ _ . .^ ~ -- ~,~. . 1 m = = ~ ` m I I -r I I I I F I I ~ I ~~~C N rio \ ~ ~I m cn XI ~ .-. TI ~ 00 f/1 I ~~ ~~ I I I ~~'~ I ~° ~ 00 ~ osu~ ~r°n 13 6i ~ cn I I (r ."I I ~ ~ W I ~ ~ C I~~ I ~ I ~ _ ~ ~ ~ i~~ u -~- ~ v a p~ i "~ ~~ ill Z ao~rn ~n o z I rn to m X I I ill Rl I `- ~ m I~ 7e ~~ ~~~ ~ I I T ~ ~ I am 1 ~ n~ m~ a -~ ~ ~m rn n ~'~~ I ~ ~3 W ~ m Iz f A m r-- ~ w n ,~ f'1 k I I N~ (~ I 3' I I I Z r I ~~ I ~ n -- Z] Z7 \ --- -- -- --_ ~ -- - ~I ~I I ~ I ~I I w I~ I C D I c`~,~ Zpw C ~ I~ ~ w m°-~ ~ _ -~ - I mm ~.Z~JZ~ _ ~c~-- i I{ c ~~ C~ I N m o C ~_----- [4 za c7 ~ C_ '~~ ^~ Omy~~z~D o~rnm i~ ~ N G] w r I ~ m ~ ZNrnrn~~ ~mo~ ~~ I ~ ~ ~ C ~ `~~°~ o~lz~~~ n~o ~O I ~ m~ ~~+ r cn=;no ~~~ I ~ I ~ O ~ ~ Z m ~- _,_,__ __ - - 1 ,.,~ _ .r-. ...~.~ - ~ I ~ f ~ I ~ ~ I ~ 1 or~*tim°°-yl I I ~ I ~n~~ I 3z~m ~ ~~p~ ~ I vi- c~~ W w rn J+~=~~ 1 cy I m~zo 3 ~ v~ T ~ ~ ~ ~~~~ m I I o~ x d, z~utA ~ 3 3 3 vnc~cn n I c fl a ~ i ~ o A o I c~ -+ ~, r, ~ o Q o ~ ~Z ~] o ZV1 j~ N N ~~~- ~ o rn I I ~ ~~~Zm I n~ O O m I !'~ o ~ ~ ~ . o ~ I ~ ~~~ I I D I I m ~ W 0o I ~~ ~, ~ o I ~~ ~ I a Z~ I I N Q ~ I ~- I ~ I ~ i ~ ~ i ~ ~ ~ fJ = c m m Z ~ m m ~ i T ~ ~ i ~ C i ~ ~ ~ N m r i [~ i ~ ~- i - - -- O ~ ~~ O O ~~ I~~ ~" -~--_ _ -~- - ---- - --W ~ w II c n I ~ zoG, C 3 ~~ a ~~ m~~ ~ ~ L „ z Cnn 'n ~Z~ - ~------ po mm i 0~ v I c v w ~CC~ p m C ~ ~~z N o~vZO °° mC Om~ rn N ~ ~ ~ I o c~ ~ ~~ rn ~ f o o ~ n m z ~•m oZZi~~ ~ ago z ~~~ ~~ ~-~'~_ ~ F~~ O m~ ~rn n ~° ?fin V ~ V N N~ N~ 3 ~ ~ NS ^~ f7i N N ~~" .°~i V rn ~~ 3 m w~ i~ m ~~ D i ~ = i