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HomeMy WebLinkAboutCRPS-07-094 - Amendment to Parking License Agreement with Barrel Works Market Residences Inc ) I(mclm::>R Services Report To: Date of Meeting: Submitted By: Committee of the Whole June 25, 2007 Prepared By: Keith Baulk, Director of Enterprise Community Services Division Keith Baulk, Director of Enterprise (ext. 2393) Fiona M. McCrea, Assistant City Solicitor (2266) Ward 1 Ward(s) Involved: Date of Report: Report No.: Subject: June 20, 2007 CRPS-07 -094 AMENDMENT TO PARKING LICENSE AGREEMENT WITH BARREL WORKS MARKET RESIDENCES INC. RECOMMENDATION: That the Mayor and Clerk be authorized to execute an amendment to the Condominium Parking Agreement, dated March 20, 2002, to include the updated legal description for the lands involved, adjust the dates for completion in accordance with the previously agreed to extensions, incorporate the revised fee schedule previously agreed to, provision for storage lockers and storage rooms that have been constructed and to clarify the logistics of segregating and assigning parking spaces to the Condominium residents and visitors, on terms and conditions satisfactory to the City Solicitor. EXECUTIVE SUMMARY: The Barrel Works Market Residences residential development is substantially complete. Barrel Works anticipates registration of the condominium within the next month. Now that the project is substantially complete and many units have been sold it is necessary to update the Parking Agreement to reflect the revised time line, what has been built and how the parking below the Market Block will be administered to meet all parties' ongoing needs. BACKGROUND: The City and Barrel Works Market Residences Inc. entered into a Condominium Parking Agreement on March 20, 2002 outlining the process for allocation of parking within the Market Parking Garage between Barrel Works and the City. Since that time the construction of Your Kitchener Market was completed and the Market has now been in operation for 36 months. The time line for construction of the condominium component was extended by agreement on December 3, 2004, The condominium is now substantially complete, a majority of the units are occupied and Barrel Works anticipates registering the condominium within the next two months. Since March of 2002 and the completion of the various components of the Market Project, City staff and Barrel works have assessed their actual needs for parking and how best to administer the segregation and allocation of parking in the garage. The proposed amendments to the Condominium Parking Agreement address the as-built situation, current needs and circumstances. REPORT: The proposed Amendment to the Condominium Parking Agreement will address the following matters: 1. The legal description of the areas of the parking garage available for lease to Barrel Works will be updated to use the registered reference plan; 2. The agreement will provide for the storage lockers and storage rooms constructed in the parking garage to be leased to Barrel Works; 3. The time line to complete the segregation of the condominium parking area and determination of the number of parking spaces will be amended to reflect the previously agreed upon extension of construction commencement and provide for a period of 12 months from the date of registration of the condominium to complete segregation. This period will provide for final unit sales and final determination of parking space requirements; 4. The monthly fees for parking spaces will be amended to reflect the adjustment and phase in of full rates previously agreed to; 5. Any available parking spaces within the segregated condominium parking area will be available for lease by the City to monthly customers; 6. Various administrative arrangements such as required signage and deposits on transmitters. FINANCIAL IMPLICATIONS: There are no new financial implications arising from this agreement. COMMUNICATIONS: Barrel Works Market Residences Inc. is in agreement with the proposed amendments. Staff from Transportation Planning, Parking Enterprise and the Market are in agreement with the proposed amendments. CONCLUSION: Upon completion of the Market, the Parking Garage and the Barrel Works Residential development the parties have been able to determine more precisely their respective needs for parking and the most efficient means to administer the parking arrangements. It has also become clear that the Condominium Parking Agreement required updating to reflect aspects of various other agreements that have been reached concerning this project over the past several years. Keith Baulk Director of Enterprise Fiona M. McCrea Assistant City Solicitor c.c John McBride Tony Konstantinidis Karen Killen