HomeMy WebLinkAboutCRPS-08-135 - License Agreement - Temporarily Use City Owned Property During Construction of Addition to 1760 Strasburg RdREPORT
Report To: Mayor and Members of Council
Date of Meeting: August 18, 2008
Submitted By: Fiona M. McCrea, Assistant City Solicitor (Ext. 2266)
Prepared By: Fiona M. McCrea, Assistant City Solicitor
Ward(s~ Involved: Ward 4
Date of Report: August 11, 2008
Report No.: CRPS-08-135
Subject: REQUEST FOR LICENSE AGREEMENT TO TEMPORARILY
USE CITY OWNED PROPERTY DURING CONSTRUCTION
OF ADDITION TO1760 STRASBURG ROAD
RECOMMENDATION:
"That the Mayor and Clerk be authorized to execute a License Agreement, satisfactory to the
City Solicitor, with JT Bakeries Inc., the owner of the property municipally known as 1760
Strasburg Road and their contractor, SKC Construction Inc., to allow them to temporarily use
City owned property during the construction of an addition to 1760 Strasburg Road.
REPORT:
SKC Construction Inc. has been retained to construct an addition to the existing building at 1760
Strasburg Road. They have requested permission to use the City owned gravel path to the
north of 1760 Strasburg Road as a temporary access to the rear of the existing building for
vehicles, equipment and persons. They have agreed to improve and maintain the existing
gravel lane as required during construction which is expected to begin sometime before the end
of August, 2008. The owner's equipment is scheduled to be delivered in the middle of January,
2009 after which they will finish closing in the building and the access will no longer be required.
SKC Construction Inc. would also like to utilize a small portion of City owned land to the west of
1760 Strasburg Road for parking/storage during construction.
In or about January 2006 JT Bakeries Inc. purchased a strip of land abutting the rear property
line of their parcel from the City of Kitchener. The agreement of purchase and sale with the City
provided that in the event it was necessary to relocate a berm located on those lands JT
Bakeries would be responsible to complete such relocation at its cost. As part of this project JT
Bakeries will be relocating the berm from its lands onto the abutting lands owned by the City so
that drainage will not flow onto their lands.
The temporary access lane, materials storage/parking area and area for the relocated berm are
all illustrated on the sketch attached hereto.
FINANCIAL IMPLICATIONS:
All of the work required to improve and maintain the existing gravel lane to facilitate the access
by persons, vehicles and equipment shall be at the sole cost of JT Bakeries Inc. Similarly, JT
Bakeries shall be responsible to return that portion of the City lands to be used for parking and
storage during construction to their original state, to the satisfaction of the City's Director of
Engineering Services, at their cost.
COMMUNICATIONS:
The appropriate staff has reviewed this request and has no concerns with entering into a
License Agreement with SKC Construction Inc. for the temporary use of City owned property
during the construction of the addition.
CONCLUSION:
Staff recommend that a license be granted to JT Bakeries Inc. and SKC Construction Inc. for
temporary use of City lands abutting the site municipally known as 1760 Strasburg Road to
facilitate access during construction including some parking and storage of materials. Such
license shall also permit the relocation of the berm onto the abutting City lands.
Fiona M. McCrea
Assistant City Solicitor
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Dlsc~airner: the City of Kitchener asst~rnes no r~ponsibi~ity far e~~y er~~ors, and fs not iiafple for any damages of any kind
resuiting fi'am the use ~f, or reiiance an, the irrforrnatian cor~ta~ned in ~i'ris document, fii~e City of I(ltchener does rat r~a~ce ar~y
representations ar warranlyt express or ~rr~piied, concerning the accuracy, ~uaiity, iikefy results or reliability of tine use of the
ir~fo~rnation Contained in this document. .
Comments: .
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