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

1.         City Council grant authority for the City to enter into a Memorandum of Understanding with the Toronto Transit Commission and York University for the purposes of the Toronto-York Spadina Subway Extension Project, substantially on the terms and conditions as set out in Attachment 1 of the report (September 29, 2009) from the Chief Corporate Officer - Confidential Information, together with such revisions as are satisfactory to the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

2.         City Council severally authorize each of the Chief Corporate Officer and the Director of Real Estate Services to execute the Memorandum of Understanding with the Toronto Transit Commission and York University, on the City’s behalf.

3.         City Council authorize the public release of the confidential information contained in Attachment 1 of the report (September 29, 2009) from the Chief Corporate Officer, upon the later of, completion and final settlement of all agreements or claims with York University to the satisfaction of the City Solicitor, or commencement of revenue service of the Project.

Confidential Attachment 1 to the report (September 29, 2009) from the Chief Corporate Officer remains confidential in its entirety at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it contains information about a proposed or pending acquisition or sale of land for municipal or local board purposes.  The confidential information in Confidential Attachment 1 will be made public upon the later of, completion and final settlement of all agreements or claims with York University to the satisfaction of the City Solicitor, or commencement of revenue service of the Project.

The Government Management Committee recommends that:

1.         City Council grant authority for the City to enter into a Memorandum of Understanding with the Toronto Transit Commission and York University for the purposes of the Toronto-York Spadina Subway Extension Project, substantially on the terms and conditions as set out in Attachment 1 of the report (September 29, 2009) from the Chief Corporate Officer - Confidential Information, together with such revisions as are satisfactory to the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

2.         City Council severally authorize each of the Chief Corporate Officer and the Director of Real Estate Services to execute the Memorandum of Understanding with the Toronto Transit Commission and York University, on the City’s behalf.

3.         City Council authorize the public release of the confidential information contained in Attachment 1 of the report (September 29, 2009) from the Chief Corporate Officer, upon the later of, completion and final settlement of all agreements or claims with York University to the satisfaction of the City Solicitor, or commencement of revenue service of the Project.

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

1.         City Council grant authority to enter into a Lease between the City of Toronto, as Landlord, and  685071 Ontario Inc. c.o.b. as Biagio Ristorante, as Tenant, for a five year term with an option to renew for a further five (5) year term, on terms substantially in accordance with Appendix “A”, contained in the report (August 27, 2009) from the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

2.         City Council authorize the Chief Corporate Officer to administer and manage the lease agreement, including the provision of any consents, approvals, notices and notices of termination, provided that the Chief Corporate Officer may, at any time, refer consideration of such matters to City Council for its determination and direction.

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

1.         City Council approve the donation of the property known as 2413R Lake Shore Boulevard West (the "Property"), as proposed in the offer to donate submitted by Bell Canada, including future and ongoing obligations arising from the donation, as detailed in the Financial Impact Statement contained in the report (September 21, 2009) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation.

2.         City Council accept the offer to donate the Property from Bell Canada substantially on the terms outlined in Appendix “A” to the report (September 21, 2009) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation, and that each of the Chief Corporate Officer and the Director of Real Estate Services be authorized severally to accept the offer on behalf of the City.

3.         City Council direct that on completion of the offer to donate, a receipt for income tax purposes in the amount of $22,000.00, be issued by the City to Bell Canada.

4.         City Council authorize the City Solicitor to complete these transactions on behalf of the City including making payment of any necessary expenses, and amending the closing date and other dates to such earlier or later date(s) and on such terms and conditions as she may from time to time consider reasonable.

5.         City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto.

The Government Management Committee recommends that:

1.         City Council approve the donation of the property known as 2413R Lake Shore Boulevard West (the "Property"), as proposed in the offer to donate submitted by Bell Canada, including future and ongoing obligations arising from the donation, as detailed in the Financial Impact Statement contained in the report (September 21, 2009) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation.

2.         City Council accept the offer to donate the Property from Bell Canada substantially on the terms outlined in Appendix “A” to the report (September 21, 2009) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation, and that each of the Chief Corporate Officer and the Director of Real Estate Services be authorized severally to accept the offer on behalf of the City.

3.        City Council direct that on completion of the offer to donate, a receipt for income tax purposes in the amount of $22,000.00, be issued by the City to Bell Canada.

4.         City Council authorize the City Solicitor to complete these transactions on behalf of the City including making payment of any necessary expenses, and amending the closing date and other dates to such earlier or later date(s) and on such terms and conditions as she may from time to time consider reasonable.

5.         City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto.

This report concerns land owned by Bell Canada, known as 2413R Lake Shore Boulevard West (the "Property"). The purpose of this report is twofold. Firstly, the report seeks City Council's approval of  a donation of the Property from Bell Canada to the City as required under the Policy on Donations to the City for Community Benefits (the "Donations Policy"), described below. Secondly, the report seeks authority from City Council for the City to acquire the Property in accordance with a written offer to donate which has been submitted to the City by Bell Canada.

As proposed by Bell Canada and outlined in this report, the donation of the Property will comply with the Donations Policy and the terms of acquisition under the offer to donate are fair and reasonable.

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

1.         City Council grant authority to enter into an amending agreement for applying a new market rental rate of $5,500.00 per annum, net, plus GST, for the period from December 1, 2006 until November 30, 2016 with respect to the existing Pipeline Easement in favour of Trans-Northern Pipelines Inc., in a form acceptable to the City Solicitor.

2.         City Council grant authority to the Chief Corporate Officer to administer and manage the Amending Agreement, including the provision of any consents, approvals, notices and notices of termination provided that the Chief Corporate Officer may, at any time, refer consideration of such matter (including their content) to City Council for its determination and direction.

The Government Management Committee recommends that:

1.         City Council grant authority to enter into an amending agreement for applying a new market rental rate of $5,500.00 per annum, net, plus GST, for the period from December 1, 2006 until November 30, 2016 with respect to the existing Pipeline Easement in favour of Trans-Northern Pipelines Inc., in a form acceptable to the City Solicitor.

2.         City Council grant authority to the Chief Corporate Officer to administer and manage the Amending Agreement, including the provision of any consents, approvals, notices and notices of termination provided that the Chief Corporate Officer may, at any time, refer consideration of such matter (including their content) to City Council for its determination and direction.

City Council on October 26 and 27, 2009, received Item GM25.7 for information.

Confidential Attachment 1 to the report (September 29, 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 advice that is subject to solicitor-client privilege and litigation or potential litigation.

The Government Management Committee recommends that:

1.         City Council adopt the confidential instructions to staff in attachment 1 of the report (September 29, 2009) from the City Solicitor.

2.         City Council authorize the release of the confidential recommendations and agreement attached thereto, when the agreement is signed by all parties.

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

1.         City Council grant standing authority to the City Solicitor, in consultation with the responsible operating Division Head, Deputy City Manager or the City Manager, to refer contractual disputes to arbitration, where the amount in issue, exclusive of interest, costs and arbitrator’s fees, is $500,000.00 or less.

2.         City Council direct that such authority include the authority to negotiate the terms under which such arbitrations are to be conducted, including appeal rights or that the arbitration award be final and binding, and to enter arbitration agreements including those terms.

3.         City Council direct that such authority include the authority to discontinue or settle such arbitrations where it is concluded that it is reasonable to do so, to appeal arbitration awards where permitted and warranted, to take proceedings to enforce arbitration awards where necessary, to write off amounts that are uncollectible where it is appropriate to do so, or otherwise to deal with the recovery of such claims, in consultation, where appropriate, with the responsible Division Head, Deputy City Manager or City Manager, and to execute any documents in furtherance thereof.

4.         Prior to exercising the authority granted under this provision, the City Solicitor shall consult with the appropriate Standing Committee Chair and/or where the matter involves a ward matter, the local councillor(s).  This consultation shall include a decision to discontinue, settle, appeal, or take proceedings to enforce.

5.         City Council request the Deputy City Manager and Chief Financial Officer to report any accounts receivable written off as part of this policy in the annual Accounts Receivable Write-off report.

The Government Management Committee recommends that:

1.         City Council grant standing authority to the City Solicitor, in consultation with the responsible operating Division Head, Deputy City Manager or the City Manager, to refer contractual disputes to arbitration, where the amount in issue, exclusive of interest, costs and arbitrator’s fees, is $500,000.00 or less.

2.        City Council direct that such authority include the authority to negotiate the terms under which such arbitrations are to be conducted, including appeal rights or that the arbitration award be final and binding, and to enter arbitration agreements including those terms.

3.         City Council direct that such authority include the authority to discontinue or settle such arbitrations where it is concluded that it is reasonable to do so, to appeal arbitration awards where permitted and warranted, to take proceedings to enforce arbitration awards where necessary, to write off amounts that are uncollectible where it is appropriate to do so, or otherwise to deal with the recovery of such claims, in consultation, where appropriate, with the responsible Division Head, Deputy City Manager or City Manager, and to execute any documents in furtherance thereof.

4.         City Council request the Deputy City Manager and Chief Financial Officer to report any accounts receivable written off as part of this policy in the annual Accounts Receivable Write-off report.

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

1.         City Council receive for information the report (June 9, 2009) from the Treasurer entitled "2008 Consulting Services Expenditure - City Divisions and Major Agencies, Boards and Commissions."

The Government Management Committee

1.         Recommends that City Council receive for information the report (June 9, 2009) from the Treasurer entitled "2008 Consulting Services Expenditure - City Divisions and Major Agencies, Boards and Commissions."

The Government Management Committee:

1.         In order to streamline efficiency and knowledge base, requested the Treasurer to explore the possibility of placing information on, i.e. an Excel spreadsheet, to provide a database of consulting services on an on-going basis and submit a report thereon to the Government Management Committee.

2.         Forwarded a copy of  the report (June 9, 2009) from the Acting Treasurer to the Auditor General for information.

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

1.         City Council increase the Toronto Water’s 2009 Capital Budget and 2010-2013 Capital Plan by $1,766,000.00 in WBS Element CWW468-07 Storm Sewer Replacement funded from Wastewater Capital Reserve Fund XR6004 to fund the cost of the emergency repairs.

2.         City Council request the Executive Director, Technical Services, to report to the Public Works and Infrastructure Committee on:

a.         why the City is incurring additional repair costs at this location, such report to include a review of the work done by Metropolitan Toronto to affect "permanent remedial measures" following the previous collapse; and

b.         the feasibility of sharing the costs of the remedial work with the Toronto and Region Conservation Authority.

The Government Management Committee recommends that:

1.         City Council increase the Toronto Water’s 2009 Capital Budget and 2010-2013 Capital Plan by $1,766,000.00 in WBS Element CWW468-07 Storm Sewer Replacement funded from Wastewater Capital Reserve Fund XR6004 to fund the cost of the emergency repairs.

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

1.         City Council increase Toronto Water’s 2009 Capital Budget by $1,415,000.00 in WBS Element CWW014-13 Trunk Sewer Rehabilitation funded from Wastewater Capital Reserve Fund XR6004 to fund the cost of the emergency repairs.

The Government Management Committee recommends that:

1.         City Council increase Toronto Water’s 2009 Capital Budget by $1,415,000.00 in WBS Element CWW014-13 Trunk Sewer Rehabilitation funded from Wastewater Capital Reserve Fund XR6004 to fund the cost of the emergency repairs.

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

1.         City Council authorize the granting of an easement in the nature of a Right of Way (“ROW”) to Metrolinx over the closed portion of Market Street, illustrated as Part 1 on the Property Information Sheet (Sketch No. PS-2008-016), attached to the report (September 29, 2009) from the President, Toronto Parking Authority, subject to the following terms and conditions:

            a.         a 99-year stratified interest;

            b.         the ROW be granted for the sum of $346,000;

            c.         the ROW will be limited to an area of 269.14 square meters with dimensions of approximately 10.1 meters by 26.8 meters and stratified in height extending from grade level to a limit of 5.18 meters;

            d.         the ROW is for non-exclusive use as a new vehicular service and maintenance ingress / egress point to the railway corridor; and

            e.         the TPA retains a right to re-configure the ROW if required.

2.         City Council authorize the appropriate City officials to take the actions necessary to give effect thereto.

The Government Management Committee recommends that:

1.         City Council authorize the granting of an easement in the nature of a Right of Way (“ROW”) to Metrolinx over the closed portion of Market Street, illustrated as Part 1 on the Property Information Sheet (Sketch No. PS-2008-016), attached to the report (September 29, 2009) from the President, Toronto Parking Authority, subject to the following terms and conditions:

             a.         a 99-year stratified interest;

             b.         the ROW be granted for the sum of $346,000;

             c.         the ROW will be limited to an area of 269.14 square meters with dimensions of approximately 10.1 meters by 26.8 meters and stratified in height extending from grade level to a limit of 5.18 meters;

             d.        the ROW is for non-exclusive use as a new vehicular service and maintenance ingress / egress point to the railway corridor; and

             e.        the TPA retains a right to re-configure the ROW if required.

2.         City Council authorize the appropriate City Officials to take the actions necessary to give effect thereto.

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

1.         City Council grant authority to amend Sole Source Contract 47010369 to Mikon Engineering Ltd. for the supply and delivery of vinyl (thermal transfer imaging film), ribbons and repairs for the Durochrome Thermal Transfer Printer for Parks, Forestry and Recreation from $480,000.00 net of GST by the amount of $495,000 net of GST to a revised total value of $975,000.00 net of GST and also extend the contract expiry date to December 31, 2012.

The Government Management Committee recommends that:

1.         City Council grant authority to amend Sole Source Contract 47010369 to Mikon Engineering Ltd. for the supply and delivery of vinyl (thermal transfer imaging film), ribbons and repairs for the Durochrome Thermal Transfer Printer for Parks, Forestry and Recreation from $480,000.00 net of GST by the amount of $495,000 net of GST to a revised total value of $975,000.00 net of GST and also extend the contract expiry date to December 31, 2012.

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

1.         City Council direct that authority be granted to enter into an Agreement of Purchase and Sale with the Toronto District School Board to acquire the property municipally known as 819 Sheppard Avenue West at a purchase price of $7,572,500.00 plus applicable taxes and registration fees, estimated at $148,100.00 substantially on the terms outlined in Appendix "A" to the report (October 7, 2009) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation, 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.          City Council direct that funds drawn from the Parkland Acquisition Reserve Fund - City Wide Land Acquisition (XR-2210), estimated at $601,960.00 be repaid through allocation of future cash-in-lieu of parkland dedication from developments in Ward 10 exceeding the base 5% contribution.

3.         City Council direct that the $3,889,000.00 to be drawn from the Land Acquisition Reserve Fund (XR-1012) for the purchase and capital repairs be repaid to the Land Acquisition Reserve Fund over 20 years from net lease payments paid by the private school currently occupying the building or upon sale of the property.

4.          City Council forward the report (October 7, 2009) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation to the Budget Committee for consideration with the 2010 Capital Budget.

5.         City Council direct that each of the Chief Corporate Officer and the Director of Real Estate Services be authorized severally to execute, on behalf of the City, the Agreement of Purchase and Sale(s) with the Toronto District School Board.

6.          City Council authorize the City Solicitor to complete the transaction(s) on behalf of the City including making payment of any necessary expenses and amending the closing date and other dates to such earlier or later date(s) and on such terms and conditions as she may from time to time consider reasonable.

7.          City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto.

The Government Management Committee recommends that:

1.         City Council direct that authority be granted to enter into an Agreement of Purchase and Sale with the Toronto District School Board to acquire the property municipally known as 819 Sheppard Avenue West at a purchase price of $7,572,500.00 plus applicable taxes and registration fees, estimated at $148,100.00 substantially on the terms outlined in Appendix "A" to this report 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.         City Council direct that funds drawn from the Parkland Acquisition Reserve Fund - City Wide Land Acquisition (XR-2210), estimated at $601,960.00 be repaid through allocation of future cash-in-lieu of parkland dedication from developments in Ward 10 exceeding the base 5% contribution.

3.         City Council direct that the $3,889,000.00 to be drawn from the Land Acquisition Reserve Fund (XR-1012) for the purchase and capital repairs be repaid to the Land Acquisition Reserve Fund over 20 years from net lease payments paid by the private school currently occupying the building or upon sale of the property.

4.         City Council forward the report (October 7, 2009) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation to the Budget Committee for consideration with the 2010 Capital Budget.

5.         City Council direct that each of the Chief Corporate Officer and the Director of Real Estate Services be authorized severally to execute, on behalf of the City, the Agreement of Purchase and Sale(s) with the Toronto District School Board.

6.         City Council authorize the City Solicitor to complete the transaction(s) on behalf of the City including making payment of any necessary expenses and amending the closing date and other dates to such earlier or later date(s) and on such terms and conditions as she may from time to time consider reasonable.

7.         City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto.