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East Bayfront: Bayside (Waterfront Toronto/Hines/Tridel, Pelli Clark Pelli et al)

The Toronto & East York Community Council just passed the Draft Plan of Subdivision for Bayside. Among the terms is that the owners (and the subsequent owners) must tell all potential purchasers about Redpath Sugar. This is what they must say:

"Warning: This site is in proximity to the heavy industrial Redpath Sugar refinery located at 95 Queens Quay Boulevard East (the “Redpath Facility”) which operates 24 hours a day, 7 days a week. Various processes, shipping and receiving, and rail operations may either operate continuously or at any time of day or night. Activities may include: loading, unloading and repair of large tractor trailers or bulk bin trucks; loading, unloading and movements of railway cars along Queens Quay Boulevard; docking and unloading of ocean and lake going ships; venting of steam; construction and repair; and operation of various sugar refining processes. In addition, there may be industrial odours and light emanating from the refinery from time to time. Redpath may apply to alter or expand the Redpath Facility in the future. Notwithstanding the inclusion of certain mitigation features within this development to lessen potential noise, air emissions, dust, odour, vibration, and visual impact from the Redpath Facility, from time to time noise from Redpath Facility is likely to be audible, odours may
be unpleasant, and dust and light emissions may be bothersome and such potential noise, air emissions, dust, odour, vibration, and visual impact may impact the enjoyment of indoor and outdoor areas of this development. Redpath Sugar advises that it will not be responsible for any complaints or claims arising from any of the activities at or relating to the Redpath Facility property or operations thereon."

Clearly written before they removed the rail line but ... I guess there is a smilar clause for Pier 27.
 
My prediction is the units here have a very difficult time selling unless they are significantly cheaper then condos in the core ... The Monde development seems to confirm this as well.
 
. Redpath Sugar advises that it will not be responsible for any complaints or claims arising from any of the activities at or relating to the Redpath Facility property or operations thereon."

Clearly written before they removed the rail line but ... I guess there is a smilar clause for Pier 27.

Thank goodness they set it stone before any complaints
...Gee how old school, don't like it 'don't move in'
 
The Toronto & East York Community Council just passed the Draft Plan of Subdivision for Bayside. Among the terms is that the owners (and the subsequent owners) must tell all potential purchasers about Redpath Sugar. This is what they must say:

"Warning: This site is in proximity to the heavy industrial Redpath Sugar refinery located at 95 Queens Quay Boulevard East (the “Redpath Facilityâ€) which operates 24 hours a day, 7 days a week. Various processes, shipping and receiving, and rail operations may either operate continuously or at any time of day or night. Activities may include: loading, unloading and repair of large tractor trailers or bulk bin trucks; loading, unloading and movements of railway cars along Queens Quay Boulevard; docking and unloading of ocean and lake going ships; venting of steam; construction and repair; and operation of various sugar refining processes. In addition, there may be industrial odours and light emanating from the refinery from time to time. Redpath may apply to alter or expand the Redpath Facility in the future. Notwithstanding the inclusion of certain mitigation features within this development to lessen potential noise, air emissions, dust, odour, vibration, and visual impact from the Redpath Facility, from time to time noise from Redpath Facility is likely to be audible, odours may
be unpleasant, and dust and light emissions may be bothersome and such potential noise, air emissions, dust, odour, vibration, and visual impact may impact the enjoyment of indoor and outdoor areas of this development. Redpath Sugar advises that it will not be responsible for any complaints or claims arising from any of the activities at or relating to the Redpath Facility property or operations thereon."

Clearly written before they removed the rail line but ... I guess there is a smilar clause for Pier 27.

Any lawyers out there? Couldn't new residents still sue Redpath for the tort of nuisance? Despite the contractual terms, aren't there certain things that you can not contract for under Canadian law, such as loss of amenity?
 
Any lawyers out there? Couldn't new residents still sue Redpath for the tort of nuisance? Despite the contractual terms, aren't there certain things that you can not contract for under Canadian law, such as loss of amenity?

I'm not a lawyer but I have one in the family, just spoke to him and apparently if this document is shown to purchasers before the paperwork is signed, they can't sue Redpath or the developers. Basically if the buyer is warned in writing and still signs the purchase, nobody can be held responsible for noise/smell/pollution. Buyer beware. Clauses like these are common in most condominiums or so I hear
 
When we signed our offer to purchase at 18 Harbour (Success Tower), there was a clause concerning possible TTC streetcar noise emanating from the 509/510 streetcar tunnel running from Queens Quay to Union Station. Not only was the clause written in the contract, the sale rep specifically drew our attention to the item in offer to purchase. The contract also mentioned possible noise from train activity at Union Station.
 
From the Mar 27 WT Board Meeting - Bayside Phase 1 infrastructure capital approval:

http://www.waterfrontoronto.ca/uploads/documents/capital_approval___bayside_phase_1_1.pdf

Public Art Strategy:

http://www.waterfrontoronto.ca/uploads/documents/east_bayfront_art_master_plan_1.pdf

and CEO report:

Bayside
Waterfront Toronto continues to work with City staff to obtain Draft Plan of Subdivision Approval for the Bayside lands. Approval is anticipated at the end of March 2013. Final zoning approval is anticipated for the March Council cycle. Registration of the Plan of Subdivision is targeted for summer 2013.

Construction is currently underway on the sales office for the first phase of the Hines development on the Bayside lands. The office is expected to open by fall, 2013.

Final design and engineering drawings are complete and in the process of being submitted to the City for final review and approval. Construction activities for Bayside internal streets, promenade, external services and dockwall reinforcement to commence in May/June. The Stormwater Management Class EA Addendum for the revised precinct treatment system is in progress and expected to be completed in April. Waterfront Toronto and City of Toronto are currently reviewing permanent sanitary and stormwater treatment conveyance alignment between EBF and WDL.

http://www.waterfrontoronto.ca/uploads/documents/ceo_report___public___march_27_2013_1.pdf (p. 2)

AoD
 
May 25th

Taken from the awesome rooftop terrace at George Brown Waterfront Campus:






Sales centre under construction:

 
I have the photos of the sales office at ground level, but have to post it along with the view from George Brown College on Sat.

It would be nice to setup a camera there to record the changes that will take place over the next 20+ years for the whole area.

Here is a video of the area.
[video=youtube_share;x3GcCAXmGIU]http://youtu.be/x3GcCAXmGIU[/video]
 
The hoarding is going up along the property, and mentions the "Queen's Quay Centre" as the office development in the project.
 

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