City of Toronto Logo Report Item

Considered by City Council on
October 26, 2009
October 27, 2009



Government Management Committee



GM24.46

 

Amended 

 

Ward: 24 

Acquisition of 15 Kenaston Gardens
City Council Decision

City Council on October 26 and 27, 2009, adopted the following:

 

1.         City Council grant authority to enter into an Agreement of Purchase and Sale with the owner of the property municipally known as 15 Kenaston Gardens (the “Property”), substantially on the terms outlined in Appendix “B” and Confidential Attachment 1 to the report (September 14, 2009) from the Chief Corporate Officer, and on such other terms and conditions as may be acceptable to the Chief Corporate Officer, and in a form satisfactory to the City Solicitor.

 

2.         The acquisition of 15 Kenaston Gardens be conditional upon an agreement for the sale of the associated density having been entered into, to the satisfaction of the Chief Corporate Officer and the City Solicitor, such that the acquisition price would be recovered if the agreement were completed.

 

3.         Each of the Chief Corporate Officer or the Director of Real Estate Services be authorized severally to execute the Agreement of Purchase and Sale on the City’s behalf.

 

4.         City Council authorize the City Solicitor to complete the transaction on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as she may from time to time consider reasonable.

 

5.         City Council adopt the confidential instructions to staff in Attachment 1 of the report (September 14, 2009) from the Chief Corporate Officer.

 

6.         City Council direct that the confidential information contained in Attachment 1 to the report (September 14, 2009) from the Chief Corporate Officer, remain confidential excepting the purchase price of the Property which shall be available for public release upon the completion of all terms of the purchase and sale agreement to the satisfaction of the City Solicitor.

 

Confidential Attachment 1 to the report (September 14, 2009) from the Chief Corporate Officer remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it relates to a proposed or pending land acquisition by the City or one of its agencies, boards and commissions.  The purchase price of the Property shall be available for public release upon the completion of all terms of the purchase and sale agreement to the satisfaction of the City Solicitor.

 

Confidential Attachment 1 to the report (September 30, 2009) from the City Solicitor remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.

City Council Decision Advice and Other Information

Speaker Bussin ruled the supplementary report (September 30, 2009) from the City Solicitor (GM24.46a) redundant as Council, at its meeting on September 29 and October 1, 2009, had already dealt with the matter as part of its decision on Motion MM40.15 respecting 15, 19 and 23 Kenaston Gardens.

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Confidential Attachment - A proposed or pending acquisition or sale of land for municipal or local board purposes and solicitor client privilege
Committee Recommendations

The Government Management Committee recommends to City Council that:

 

1.         The acquisition of 15 Kenaston Gardens be conditional upon an agreement for the sale of the associated density having been entered into, to the satisfaction of the Chief Corporate Officer and the City Solicitor, such that the acquisition price be recovered.

 

2.         The confidential information contained in Attachment 1 to the report (September 14, 2009) from the Chief Corporate Officer, remain confidential excepting the purchase price of the Property which shall be available for public release upon the completion of all terms of the purchase and sale agreement to the satisfaction of the City Solicitor.

 

Committee Decision Advice and Other Information
The Government Management Committee met in closed session to consider this item as it relates to a proposed or pending acquisition or sale of land for municipal or local board purposes.

 

Origin
(September 14, 2009) Report from the Chief Corporate Officer
Summary

To seek approval to acquire the property municipally known as 15 Kenaston Gardens.

Background Information (Committee)
Report - Acquisition of 15 Kenaston Gardens
(http://www.toronto.ca/legdocs/mmis/2009/gm/bgrd/backgroundfile-23486.pdf)

Appendix A - Sketch
(http://www.toronto.ca/legdocs/mmis/2009/gm/bgrd/backgroundfile-23487.pdf)

Confidential Attachment 1
Background Information (City Council)
(September 30, 2009) Supplementary report from the City Solicitor (GM24.46a)
(http://www.toronto.ca/legdocs/mmis/2009/cc/bgrd/backgroundfile-24264.pdf)

Communications (Committee)
(September 16, 2009) E-mail from Manager, Traffic Planning/ROW, Management Transportation Services (GM.New.24.46a)
(http://www.toronto.ca/legdocs/mmis/2009/gm/comm/communicationfile-12027.pdf)

Speakers (Committee)

Councillor David Shiner