City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council approve the individual tax appeal applications made pursuant to section 323 of the City of Toronto Act, 2006 resulting in tax reductions (excluding phase-in/capping amounts) totalling $1,763,717.42 including reductions in Business Improvement Area charges, as identified in Appendix A in the report (October 22, 2009) from the Treasurer.

2.         City Council approve the individual tax appeal applications made pursuant to section 325 of the City of Toronto Act, 2006 resulting in tax reductions (excluding phase-in/capping adjustments) totalling $231,831.76 including reductions in Business Improvement Area charges, as identified in Appendix B in the report (October 22, 2009) from the Treasurer.

3.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto.

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council approve the apportionment of property taxes in the amounts identified in Appendix A and Appendix B of the report (October 22, 2009) from the Treasurer, under the columns entitled “Apportioned Tax” and “Apportioned Phase In/Capping”, excluding the following applications:

2.         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 apportionment of property taxes in the amounts identified in Appendix A and Appendix B of the report (October 22, 2009) from the Treasurer, under the columns entitled “Apportioned Tax” and “Apportioned Phase In/Capping”, excluding the following applications:

2.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto.

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council direct that effective January 1, 2010, an administrative fee be charged for every new property tax account created that is added to the tax roll for taxation purposes, with the fee to be set at $50.00 per property tax account created.

2.         City Council direct that effective January 1, 2010, the existing fee for the issuance of a Prior Year Tax Receipt be increased from the current $5.00 to $16.00 per account per tax year.

3.         City Council direct that effective January 1, 2010, the existing fee for adding charges to the tax roll for collection be increased from the current $35.00 to $50.00 per charge added.

4.         City Council direct that effective January 1, 2010, the existing fee for the preparation of a Tax Calculation Statement be increased from the current $35.00 to $50.00 per statement.

5.         City Council direct that effective January 1, 2010, the existing fee for using the City of Toronto’s telephone Interactive Voice Response (IVR) system to make a payment for a parking ticket be increased from the current $1.50 to $2.00 per transaction.

6.         City Council direct that the fee for payment of parking tickets on-line or by telephone be phased-out over a three-year period.

7.         City Council direct that the charge for on-line services made by credit card calculated in error be reversed on the user's credit card if the user can provide evidence of the payment error.

8.         City Council request the City Manager to review all charges related to the payment of parking fines with a view to phasing them out and report to the Government Management Committee no later than June 2010.

9.         City Council request the Treasurer to report to the Government Management Committee on when tax calculation statements and prior year tax receipts are expected to be available on-line.

10.       The City of Toronto Municipal Code Chapter 441, Fees and Charges, be amended to give effect to these fee changes, and authority be granted for the introduction of the necessary bills.

11.       City Council authorize and direct the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

The Government Management Committee submits to City Council, without recommendation, the report (October 21, 2009) from the Treasurer, entitled "User Fees for Property Tax, Utility and Parking Ticket Accounts", given that all motions placed lost on a tie vote.

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council authorize the lease extension agreement to be entered into with Hakim Optical Laboratory Ltd., substantially on the terms and conditions as set out in Appendix A of the report (October 19, 2009) from the Chief Corporate Officer, together with such other terms and conditions as may be deemed appropriate by the Chief Corporate Officer and in a form approved by 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 matter (including their content) to City Council for its determination and direction.

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council authorize entering into a Lease Renewal Agreement with 150 EAE Property Ltd. for a five (5) year term, years commencing October 31, 2009 and expiring on October 31, 2014, including an option to renew for another five (5) year term and an option to acquire additional space, based substantially on the terms and conditions set out in Appendix “A” in the report (October 21, 2009) from the Chief Corporate Officer, and other terms and conditions acceptable to the Chief Corporate Office, and in a form acceptable to the City Solicitor.

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

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council authorize entering into a Lease Renewal Agreement with Healthcare Properties Holdings Ltd. for a five (5) year term, commencing May 1, 2009 and expiring on April 30, 2014, based substantially on the terms and conditions set out in Appendix “A” in the report (October 21, 2009) from the Chief Corporate Officer, and other terms and conditions acceptable to the Chief Corporate Office, and in a form acceptable to the City Solicitor.

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

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council authorize a Lease Extension and Amending Agreement with Margaret Wiley Seaver (the “Tenant”), to use and occupy approximately 7,112 square feet of vacant land adjacent to 1121 Bellamy Road North, (the “Property”), substantially on the terms and conditions as set out in Appendix “A” in the report (October 1, 2009) from the Chief Corporate Officer, and on such other terms and conditions as approved by the Chief Corporate Officer, or his or her designate, and in a form and content acceptable to the City Solicitor.

2.         City Council authorize the Chief Corporate Officer to administer and manage the Lease Extension and 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 matters (including their content) to City Council for its determination and direction.

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council grant authority to enter into an Access Agreement with Toronto Waterfront Toronto Revitalization Corporation (“WT”) for the City-owned  properties located at 480 Lake Shore Blvd East, 400 Commissioner Street, 545 Commissioner Street and 9 Leslie Street (“Subject Lands”) to conduct geo-environmental baseline investigations and examinations, substantially on the terms and conditions set-out in Schedule “A” in the report (October 9, 2009) from the Chief Corporate Officer and any other terms and conditions as the City Solicitor may deem necessary to protect the City’s interest.

2.         City Council authorize each Chief Corporate Officer and the Director of Real Estate Services severally to execute the Agreement on behalf of the City.

3.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto.

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council adopt the confidential instructions to staff contained in Attachment 1 in the report (October 19, 2009) from the Chief Corporate Officer.

2.         City Council direct that if adopted by Council, the recommendations contained in the confidential instructions to staff be made public at the end of the Council meeting.

The following instructions contained in Confidential Attachment 1 to the report (October 19, 2009) from the Chief Corporate Officer were adopted by City Council and are now public:

1.         City Council grant authority to enter into a Lease Renewal and Amending Agreement that provides for a basic rental rate of $172,500 per annum net, plus all applicable taxes, for the thirty-three (33) year renewal term commencing effective November 7, 2009 substantially on the terms and conditions outlined in Appendix “A” of Attachment 1 to the report (October 19, 2009) from the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

2.         City Council grant authority to the Chief Corporate Officer to administer and manage the Lease Renewal and 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 matters (including their content) to City Council for its determination and direction.

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

Appendix A, headed "Major Terms and Conditions" is now public.  The balance of Confidential Attachment 1 to the report (October 19, 2009) from the Chief Corporate Officer remains confidential, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

The Government Management Committee recommends that:

1.         City Council adopt the confidential instructions to staff contained in Attachment 1 in the report (October 19, 2009) from the Chief Corporate Officer.

2.         City Council direct that if adopted by Council, the recommendations contained in the confidential instructions to staff be made public at the end of the Council meeting.

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council adopt the confidential recommendations to staff in Attachment 1 in the report (October 15, 2009) from the Chief Corporate Officer.

2.         City Council authorize the public release of the confidential information and recommendations in Attachment 1 in the report, once the transaction has closed.

3.         City Council direct that the Offer to Sell from the Owners of the property known as 50 Horsham Avenue, be accepted substantially on the terms outlined in Attachment 1 in this report and that either the Chief Corporate Officer or the Director of Real Estate Services be authorized severally to accept the Offer on behalf of the City.

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 he or she may consider reasonable.

Confidential Attachment 1 to the report (October 15, 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 relates to a proposed or pending acquisition or sale of land for municipal or local board purposes.  The confidential information and recommendations will be made public once the transaction has closed.

The Government Management recommends that:

1.         City Council adopt the confidential recommendations to staff in Attachment 1 in the report (October 15, 2009) from the Chief Corporate Officer.

2.         City Council authorize the public release of the confidential information and recommendations in Attachment 1 in the report, once the transaction has closed.

3.         City Council direct that the Offer to Sell from the Owners of the property known as 50 Horsham Avenue, be accepted substantially on the terms outlined in Attachment 1 in this report and that either the Chief Corporate Officer or the Director of Real Estate Services be authorized severally to accept the Offer on behalf of the City.

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 he or she may consider reasonable.

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council grant authority to negotiate to acquire and, if necessary, to initiate expropriation proceedings for approximately 46.8 acres of vacant land of the former Kodak site detailed in Appendix “B” of the report (October 20, 2009) from the Chief Corporate Officer for the Eglinton Crosstown LRT Maintenance and Storage Facility.

2.         City Council grant authority to negotiate to acquire and, if necessary, to initiate expropriation proceedings, for the property interest detailed in Appendix “C” of the report (October 20, 2009) from the Chief Corporate Officer, for the Finch West LRT Maintenance and Storage Facility.

3.         City Council grant authority to the Chief Corporate Officer to serve and publish Notices of Application for Approval to Expropriate, to forward to the Chief Inquiry Officer any requests for hearing that are received, to attend the hearing to present the City’s position and to report the Inquiry Officer’s recommendations to City Council for its consideration

4.         City Council delegate to the City Manager authority to approve acquisitions by the City of land for transit projects if the total compensation payable by the City does not exceed $10 million and where the general conditions set out in Appendix “D”, attached to the motion by Councillor Giambrone, have been met.

5.         City Council direct that local Councillors be consulted regarding the purchase or lease of land for transit purposes falling within their wards.

6.         City Council authorize severally each of the Chief Corporate Officer and the Director of Real Estate Services, to execute the offers, agreements and other relevant documents to give effect to the transaction on behalf of the City.

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

8.         City Council authorize the City Solicitor to submit any bills required to implement the foregoing, including all necessary amendments to City of Toronto Municipal Code Chapter 27, Council Procedures, and other chapters in the Municipal Code and other by-laws, generally in accordance with the report recommendations and subject to any necessary technical adjustments.

9.         City Council request the Chief Corporate Officer, in consultation with the Chief General Manager, Toronto Transit Commission, to provide an information report to the Executive Committee for its January 4, 2010 meeting, that outlines the feasibility of assembling a number of under-utilized industrial properties in the interior of the employment area as an alternative site for the Maintenance and Storage Facility to accommodate two LRTs.

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council authorize a Lease Extension and Amending Agreement with Pinedale Properties Limited in Trust for 970 Lawrence Project Limited (the “Landlord”) for the lease of approximately 11,577 square feet of rentable area on the seventh (7th) floor of the building (the “Leased Premises ”) known municipally as 970 Lawrence Ave West (the “Building”)  substantially on the terms and conditions as set out in Appendix “A” in the report (October 5, 2009) from the Chief Corporate Officer attached hereto and on such other terms and conditions as approved by the Chief Corporate Officer, or his or her designate, and in a form acceptable to the City Solicitor.

2.         City Council authorize the Chief Corporate Officer to administer and manage the Lease  Extension and 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 matters (including their content) to City Council for its determination and direction.

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council grant authority for the City to enter into a Land Exchange Agreement with Ryerson University (“Ryerson”) for part of Lots 77 and 78 and part of the closed Victoria Street Lane on Plan 22A, shown as Part 2 on Sketch No. PS-2008-064 (“Ryerson Lands”) in exchange for part of the closed Victoria Street Lane on Plan 22A, shown as Part 1 on Sketch No. PS-2008-064, subject to the retention of permanent easement over Part 1 for combined sewer purposes (“City Lands”), substantially on the terms and conditions outlined in Appendix “A” to the report (October 21, 2009) from the Chief Corporate Officer, and such other terms as may be approved by the Chief Corporate Officer in a form satisfactory to the City Solicitor.

2.         City Council approve that the transaction meets the requirements for an exchange of land set out in Chapter 4.3 (Parks and Open Space Areas), Policy 8 of the Official Plan.

3.         City Council authorize severally each of the Chief Corporate Officer and the Director of Real Estate Services to accept the terms of the Land Exchange Agreement on behalf of the City.

4.         City Council authorize the City Solicitor to complete the transactions provided for in the Land Exchange Agreement on behalf of the City, including making payment of any necessary expenses and amending the closing 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.

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council grant authority to enter into an agreement with Soccer City (Etobicoke) Inc. (SCEI) in relation to the operation and maintenance of the Multi-Use Soccer Arena Complex at Etobicoke Centennial Park for a ten-year term from November 1, 2009 to October 31, 2019 with an option to renew at the sole discretion of the General Manager, Parks, Forestry and Recreation for an additional ten year period.  Should the option be exercised, the General Manager, Parks, Forestry and Recreation will request the Director of Purchasing and Materials Management Division to provide the necessary contract renewals under the terms and conditions outlined in the report (October 16, 2009) from the General Manager, Parks, Forestry and Recreation and the Director, Purchasing and Materials Management Division, and satisfactory in form and content to the General Manager, Parks, Forestry and Recreation and the City Solicitor from November 1, 2019 to October 31, 2029.

City Council on November 30, December 1, 2, 4 and 7, 2009, referred Item GM26.25 to the Chief Corporate Officer for a report to the Government Management Committee no later than March 2010.

The Government Management Committee recommends that:

1.         City Council receive, for information, the communication (October 8, 2009) from Councillor Howard Moscoe entitled "Running around in circles."

2.         City Council receive, for information, the communication (November 2, 2009) from City Council, entitled "Renaming of City Hall Committee Rooms".

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (November 3, 2009) from the Chief Corporate Officer, as amended by confidential instructions issued by City Council.

2.         City Council adopt the confidential recommendations in the communication (November 9, 2009) from the Government Management Committee, as amended by confidential instructions issued by City Council.

3.         City Council direct that Confidential Attachment 1 to the report (November 3, 2009) from the Chief Corporate Officer, as amended, and the recommendations of the Government Management Committee contained in the communication (November 9, 2009), as amended, remain confidential under the provisions of the City of Toronto Act, 2006, as they relate to litigation or potential litigation affecting the City.

Confidential Attachment 1 to the report (November 3, 2009) from the Chief Corporate Officer and the confidential recommendations contained in the communication (November 9, 2009) from the Government Management Committee, remain confidential in their entirety, in accordance with the provisions of the City of Toronto Act, 2006, as they relate to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

City Council recessed its public session and met as Committee of the Whole in closed session on November 30, 2009, and considered confidential information on this Item as it relates to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

The Government Management Committee recommends that:

1.         City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (November 3, 2009) from the Chief Corporate Officer.

2.         City Council adopt the confidential recommendations in the communication (November 9, 2009) from the Government Management Committee.

3.         City Council direct that Confidential Attachment 1 in the report and the recommendations of the Government Management Committee, remain confidential under the provisions of the City of Toronto Act, 2006, as it relates to litigation or potential litigation affecting the City.

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council authorize the exchange of interests between the City and Metrolinx substantially as set out in Appendix “A” of the report (October 26, 2009) from the Chief Corporate Officer and such other terms as may be satisfactory to the Chief Corporate Officer, all in a form satisfactory to the City Solicitor, in place of the exchange of interests that was authorized by City Council at its meeting held on October 29 and 30, 2008 by its adoption of the motions in Item GM18.14.

2.         City Council authorize all taxes, legal and other fees up to $2,000.00 resulting from the approval of the recommendations in this report be paid from the Land Acquisition Reserve Fund (XR1012).

3.         City Council authorize the City Solicitor to complete the transactions 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 as she considers reasonable.

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council delegate to the Deputy City Manager and Chief Financial Officer authority to approve and submit, on behalf of the City of Toronto, binding offers to acquire, by way of purchase or lease, school board properties that have been declared surplus under the Education Act if the funding is included in the current year’s Approved Capital Budget or is available in uncommitted reserve/reserve funds (i.e. where the acquisition satisfies the eligibility requirements of the reserve/reserve funds), the total compensation payable by the City does not exceed $10 million, and where the general conditions set out in Appendix “A” of the report (October 29, 2009) from the Deputy City Manager and Chief Financial Officer have been met.

2.         City Council delegate to the Deputy City Manager and Chief Financial Officer authority to negotiate with the school board regarding the terms of the offer that has been submitted and, if such negotiations are successful, to authorize a lease or agreement of purchase and sale on terms that comply with the conditions of Part 1 above.

3.         City Council delegate to the Deputy City Manager and Chief Financial Officer authority to withdraw the City’s Offer if negotiations with the school board are unsuccessful.

4.         City Council determine not to delegate to City staff authority to submit the City to binding arbitration in order to establish the compensation payable to a school board pursuant to the terms of the Education Act.

5.         City Council direct the Deputy City Manager and Chief Financial Officer to ensure that local Councillors are consulted regarding the purchase or lease of any surplus school properties within their wards.

6.         City Council authorize severally each of the Chief Corporate Officer and the Director of Real Estate Services to execute the offers, agreements and other relevant documents to give effect to the transaction on behalf of the City.

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

8.         City Council authorize the City Solicitor to submit any bills required to implement the foregoing, including all necessary amendments to City of Toronto Municipal Code Chapter 27, Council Procedures, and other chapters in the Municipal Code and other by-laws, generally in accordance with the report recommendations and subject to any necessary technical adjustments.

9.         City Council authorize the City Manager to initiate discussions with the Ministry of Education regarding Ontario Regulation 444/98 of the Education Act with a view to implementing changes in accordance with Appendix “A” to the report (November 27, 2009) from the City Manager.

10.        City Council direct the City Manager to report back to the Executive Committee with a funding strategy to address both foreseeable and unforeseen pressures that may arise from the proposed sale of a number of surplus school board properties.

11.       City Council direct the City Manager and the Deputy City Manager – Cluster A to report back to the Executive Committee on a strategy to acquire surplus school board properties to address the needs of local communities and neighbourhoods.

The Government Management Committee requested the City Manager to submit a report directly to City Council respecting Ontario Regulation 444/98 under the Education Act, such report to include:

a.         A framework for dealing with the escalating costs of keeping publicly funded properties in the public domain.

b.         The difficulties arising when multi sites are declared surplus.

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council authorize lease agreements for the premises described in, and on terms and conditions not to exceed those outlined in, Confidential Attachment 1 in the report (November 4, 2009) from the Chief Corporate Officer and on such other terms and conditions as may be acceptable to the Chief Corporate Officer, in consultation with the General Manager of Toronto Employment and Social Services (TESS), and in a form acceptable to the City Solicitor.

2.         City Council authorize the Chief Corporate Officer to administer and manage the lease agreements, 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 (including their content) to City Council for its determination and direction.

3.         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 any  relevant dates to such earlier or later date(s) and on such terms and conditions as she may from time to time consider reasonable.

4.         City Council authorize the public release of the confidential information contained in Attachment 1 of this report upon the commencement of the occupancy of the last of the leased locations.

Confidential Attachment 1 to the report (November 4, 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 relates to the security of the property of the municipality or local board.  The confidential information will be made public upon the commencement of the occupancy of the last of the leased locations.

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council amend Part 2 c in Appendix 2 of the report (October 30, 2009) from the Chief Corporate Officer to read as follows:

"2 c       Build Toronto work with the local Councillor to ensure community space is included in any future development and that Tropicana Community Services be considered for the space."

2.         City Council grant authority to enter into an agreement to transfer the property municipally known as 120 Grangeway Avenue, more particularly described in Appendix 2 of the report (October 30, 2009) from the Chief Corporate Officer, including agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 2 to the report (October 30, 2009) from the Chief Corporate Officer (as amended), and on such other and amended terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

3.         City Council grant authority to enter into an agreement to transfer the property municipally known as 154 Front Street East, more particularly described in Appendix 3 to the report (October 30, 2009) from the Chief Corporate Officer, including agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 3 to the report (October 30, 2009) from the Chief Corporate Officer, and on such other and amended terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

4.         City Council grant authority to enter into an agreement to transfer the property municipally known as 64-70 Cordova Avenue, more particularly described in Appendix 4 to the report (October 30, 2009) from the Chief Corporate Officer, including agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 4 to the report (October 30, 2009) from the Chief Corporate Officer, and on such other and amended terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

5.         City Council grant authority to enter into an agreement to transfer the property municipally known as 30 Tippett Road, more particularly described in Appendix 5 to the report (October 30, 2009) from the Chief Corporate Officer, including agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 5 to the report (October 30, 2009) from the Chief Corporate Officer, and on such other terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

6.         City Council grant authority to enter into an agreement to transfer the property municipally known as 75 Billy Bishop Way, more particularly described in Appendix 6 to the report (October 30, 2009) from the Chief Corporate Officer, including agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 6 to the report (October 30, 2009) from the Chief Corporate Officer, and on such other terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

7.         City Council grant authority to enter into an agreement to transfer the property municipally known as 50 Wilson Heights Boulevard, more particularly described in Appendix 7 to the report (October 30, 2009) from the Chief Corporate Officer, including agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 7 to the report (October 30, 2009) from the Chief Corporate Officer, and on such other terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

8.         City Council authorize severally each of the Chief Corporate Office and the Director of Real Estate Services to execute the transfer agreements on behalf of the City.

9.         City Council grant authority to fund the City’s outstanding expenses related to these properties from future Approved Operating Budgets for Facilities and Real Estate (F&RE), as necessary, and that once these transactions are finalized, the funding for the expenses be transferred from the Land Acquisition Reserve Fund (LARF), with appropriate adjustments to F&RE’s future Approved Operating Budgets, as necessary, through subsequent Quarterly Variance Reports.

10.       City Council grant authority to make appropriate budget adjustments to the Toronto Transit Commission’s Operating Budget to address the net revenue loss arising from the transfer to Build Toronto of 154 Front Street East, 64-70 Cordova Avenue, 30 Tippett Road, 75 Billy Bishop Way, and 50 Wilson Heights Boulevard, effective on a date to be agreed upon by the Deputy City Manager and Chief Financial Officer and the TTC.

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

12.       City Council request Build Toronto, as part of development efforts on the properties at 30 Tippet Road, 75 Billy Bishop Way and 50 Wilson Heights Boulevard, to seek to replace necessary commuter parking spaces that are displaced.

The Government Management Committee recommends that:

1.         Part 2 c in Appendix 2 of the report (October 30, 2009) from the Chief Corporate Officer be amended to read as follows:

"2 c       Build Toronto work with the local Councillor to ensure community space is included in any future development and that Tropicana Community Services be considered for the space."

2.         City Council grant authority to enter into an agreement to transfer the property municipally known as 120 Grangeway Avenue, more particularly described in Appendix 2 of the report (October 30, 2009) from the Chief Corporate Officer, including agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 2 (as amended), attached to the report, and on such other and amended terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

3.         City Council grant authority to enter into an agreement to transfer the property municipally known as 154 Front Street East, more particularly described in Appendix 3 to the report, including agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 3 attached in the report, and on such other and amended terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

4.         City Council grant authority to enter into an agreement to transfer the property municipally known as 64-70 Cordova Avenue, more particularly described in Appendix 4 in the report, including agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 4 attached in the report, and on such other and amended terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

5.         City Council grant authority to enter into an agreement to transfer the property municipally known as 30 Tippett Road, more particularly described in Appendix 5 in the report including agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 5 attached in the report, and on such other terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

6.         City Council grant authority to enter into an agreement to transfer the property municipally known as 75 Billy Bishop Way, more particularly described in Appendix 6 in the report, including agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 6 attached to the report, and on such other terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

7.         City Council grant authority to enter into an agreement to transfer the property municipally known as 50 Wilson Heights Boulevard, more particularly described in Appendix 7 in the report, including agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 7 attached in the report, and on such other terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

8.         City Council authorize severally each of the Chief Corporate Office and the Director of Real Estate Services to execute the transfer agreements on behalf of the City.

9.         City Council grant authority to fund the City’s outstanding expenses related to these properties from future Approved Operating Budgets for Facilities and Real Estate (F&RE), as necessary, and that once these transactions are finalized, the funding for the expenses be transferred from the Land Acquisition Reserve Fund (LARF), with appropriate adjustments to F&RE’s future Approved Operating Budgets, as necessary, through subsequent Quarterly Variance Reports.

10.       City Council grant authority to make appropriate budget adjustments to the Toronto Transit Commission’s Operating Budget to address the net revenue loss arising from the transfer to Build Toronto of 154 Front Street East, 64-70 Cordova Avenue, 30 Tippett Road, 75 Billy Bishop Way, and 50 Wilson Heights Boulevard, effective on a date to be agreed upon by the Deputy City Manager and Chief Financial Officer and the TTC.

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

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council, as the Approving Authority, approve the expropriation of the property interests identified in Appendix A of the report (October 21, 2009) from the Chief Corporate Officer, from 3975 Keele Street West and 1150 Finch Avenue West, in connection with the construction of a portion of the Toronto-York Spadina Subway Extension.

2.         City Council grant leave for introduction of the necessary Bill in Council to give effect thereto.

3.         City Council direct City staff to take all necessary steps to comply with the Expropriations Act, including but not limited to, the preparation and registration of an Expropriation Plan and the service of Notices of Expropriation, Notices of Election as to a Date for Compensation and Notices of Possession, for the properties identified in Appendix A to the report (October 21, 2009) from the Chief Corporate Officer.

4.         City Council further direct City staff to obtain appraisal reports to value the property interests identified in Appendix A to the report (October 21, 2009) from the Chief Corporate Officer, updated to the date of expropriation; and to prepare  and serve offers of compensation on all registered owners, at the appraised values, all in accordance with the requirements in the Expropriations Act.

5.            City Council authorize the Director of Real Estate or the Executive Director of Facilities and Real Estate to sign the Notices of Expropriation, Notices of Possession and the Offers of Compensation on behalf of the City for the properties identified in Appendix A to the report (October 21, 2009) from the Chief Corporate Officer.

6.         City Council authorize the Director of Real Estate to negotiate to acquire the property interests listed in Appendix B to the report (October 21, 2009) from the Chief Corporate Officer, including revised property requirements for certain of the properties previously approved by Council at its meeting held January 27 and 28, 2009, and to initiate expropriation proceedings, where necessary.

7.         City Council authorize the Director of Real Estate to serve and publish Notices of Application for Approval to Expropriate the property interests listed in Appendix B to the report (October 21, 2009) from the Chief Corporate Officer, to forward any requests for hearing that are received to the Chief Inquiry Officer, to attend the hearings in order to present the City’s position, and to report the Chief Inquiry Officer’s recommendations back to City Council for its consideration.

8.         City Council authorize the public release of the confidential information contained in Attachment 1 to the report (October 21, 2009) from the Chief Corporate Officer, once there has been a final determination of the compensation payable to the Owners by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

Confidential Attachment 1 to the report (October 21, 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 relates to a proposed or pending acquisition or sale of land for municipal or local board purposes.  The confidential information will be made public once there has been a final determination of the compensation payable to the Owners by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council authorize the Chief Corporate Officer to finalize terms and conditions, award and administer in accordance with Attachment 2 in the report (October 28, 2009) from the Chief Corporate Officer and the Director, Purchasing and Materials Management, a General Contractor/Construction Manager contract, and the associated Phase Agreements, in a form satisfactory to the City Solicitor, in the amount of up to $450,000,000 (net of GST), to the selected General Contractor/Construction Manager, subject to the finalization and signing of the agreements with Metrolinx and the Head Lease Agreement with the Head Lessee.

2.         City Council authorize the Chief Corporate Officer to initiate project work with the selected General Contractor/Construction Manager through the issuance of a Limited Notice to Proceed to a maximum value of $45 million (net of GST) of the $450,000,000 total noted in Part 1 above, until the full General Contractor/Construction Manager contract is executed.

3.         City Council authorize the Chief Corporate Officer to assign relevant Union Station contracts to the General Contractor/Construction Manager.

4.         City Council approve Vanbots, a division of Carillion Construction Inc., as the selected General Contractor/Construction Manager for the Union Station Revitalization Project pursuant to the competitive procurement call.

5.         City Council authorize revisions to certain terms and conditions of the West Wing sale agreement and lease to be entered into with Metrolinx that were authorized by City Council at its meeting on December 1, 2 and 3, 2008 (GM19.11) and its meeting on August 5 and 6, 2009 (EX33.44), substantially as set out in Confidential Attachment 1 and Attachment 4 to the report (October 28, 2009) from the Chief Corporate Officer and the Director, Purchasing and Materials Management.

6.         City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 28, 2009) from the Chief Corporate Officer and the Director, Purchasing and Materials Management.

7.         City Council direct Transportation Services to ensure that the report on the Environmental Assessment of Front Street address the issues related to adequate provision of facilities for taxi operations at Union Station.

8.         City Council authorize the Chief Corporate Officer to extend the retainers for professional services, in accordance with the details (not including taxes) as specified below, in a form satisfactory to the City Solicitor, such extensions to include the carrying forward of any previously authorized funds, contract terms and approvals for which the funds have not yet been expended:

             a.       Davies Ward Phillips & Vineberg LLP for legal services for finalizing any necessary legal documents and provision of legal advice for the ongoing Revitalization at a cost not to exceed $500,000;

             b.       Deloitte & Touche LLP to undertake ongoing commercial head lessee negotiations and to provide financial and real estate advice at a cost not to exceed $600,000;

             c.       ARUP Canada Inc., to provide the Pedestrian Microsimulation Analysis, construction modeling and staging analysis at a cost not to exceed $3.0 million;

             d.       NORR Limited Architects & Engineers, to provide design services, contract documentation, bidding and negotiation support, and construction administration services, including remaining heritage approvals at a cost not to exceed $35.4 million;

             e.        Osler, Hoskin & Harcourt LLP to provide construction law services at a cost not to exceed $100,000.

9.         City Council authorize the public release of the confidential information and recommendations in Attachment 1 to the report (October 28, 2009) from the Chief Corporate Officer and the Director, Purchasing and Materials Management, once the sale and lease agreements with Metrolinx have been signed and the Head Lease Agreement has been signed.

Confidential Attachment 1 to the report (October 28, 2009) from the Chief Corporate Officer and the Director, Purchasing and Materials Management is now public in its entirety, and contains the following instructions which were adopted by City Council:

1.         City Council authorize the City to enter into a Leasing Management Agreement with Redcliff Realty Management Inc., rather than as part of the Head Lease Agreement with the Head Lessee, Redcliff (Union Station) Inc., substantially on the terms approved by City Council at its meeting on August 5 and 6, 2009 (EX33.44) and such other terms and conditions as may be satisfactory to the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

The following confidential attachments were also made public on December 11, 2009:

-      Confidential Attachment 1 to the report May 28, 2009 [EX33.44a] - made public on December 11, 2009

-      Confidential Attachment 1 to the report July 29, 2009 [EX33.44b] - made public on December 11, 2009

-      Confidential Attachment 2 to the report July 29, 2009 [EX33.44b] - made public on December 11, 2009

The Government Management Committee recommends that:

1.         City Council authorize the Chief Corporate Officer to finalize terms and conditions, award and administer in accordance with Attachment 2 in the report (October 28, 2009) from the Chief Corporate Officer and the Director, Purchasing and Materials Management, a General Contractor/Construction Manager contract, and the associated Phase Agreements, in a form satisfactory to the City Solicitor, in the amount of up to $450,000,000 (net of GST), to the selected General Contractor/Construction Manager, subject to the finalization and signing of the agreements with Metrolinx and the Head Lease Agreement with the Head Lessee.

2.         City Council authorize the Chief Corporate Officer to initiate project work with the selected General Contractor/Construction Manager through the issuance of a Limited Notice to Proceed to a maximum value of $45 million (net of GST) of the $450,000,000 total noted in Recommendation 1 above, until the full General Contractor/Construction Manager contract is executed.

3.         City Council authorize the Chief Corporate Officer to assign relevant Union Station contracts to the General Contractor/Construction Manager.

4.         City Council authorize revisions to certain terms and conditions of the West Wing sale agreement and lease to be entered into with Metrolinx that were authorized by City Council at its meeting on December 1, 2 and 3, 2008 (GM19.11) and its meeting on August 5 and 6, 2009 (EX33.44), substantially as set out in Confidential Attachment 1 and Attachment 4 in the report.

5.         City Council adopt the confidential instructions to staff in Confidential Attachment 1 in the report.

6.         City Council direct Transportation Services to ensure that the report on the Environmental Assessment of Front Street address the issues related to adequate provision of facilities for taxi operations at Union Station.

7.         City Council authorize the Chief Corporate Officer to extend the retainers for professional services, in accordance with the details (not including taxes) as specified below, in a form satisfactory to the City Solicitor, such extensions to include the carrying forward of any previously authorized funds, contract terms and approvals for which the funds have not yet been expended:

           a.         Davies Ward Phillips & Vineberg LLP for legal services for finalizing any necessary legal documents and provision of legal advice for the ongoing Revitalization at a cost not to exceed $500,000;

           b.         Deloitte & Touche LLP to undertake ongoing commercial head lessee negotiations and to provide financial and real estate advice at a cost not to exceed $600,000;

           c.         ARUP Canada Inc., to provide the Pedestrian Microsimulation Analysis, construction modeling and staging analysis at a cost not to exceed $3.0 million;

           d.         NORR Limited Architects & Engineers, to provide design services, contract documentation, bidding and negotiation support, and construction administration services, including remaining heritage approvals at a cost not to exceed $35.4 million;

           e.         Osler, Hoskin & Harcourt LLP to provide construction law services at a cost not to exceed $100,000.

8.         City Council authorize the public release of the confidential information and recommendations in Attachment 1 in the report once the sale and lease agreements with Metrolinx have been signed and the Head Lease Agreement has been signed.

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council authorize the acquisition of 134 and 136 Broadview Avenue (refer to the Location Map attached to the report (October 26, 2009) from the President, Toronto Parking Authority), from HPH (Broadview) Limited, for the purchase price and all associated costs such as land transfer tax, survey, environmental studies, appraisal, brokerage fees and legal (the “Purchase Amount”) (see Attachment 1 – Confidential Information to the report (October 26, 2009) from the President, Toronto Parking Authority.)

2.         City Council authorize an increase to TPA’s 2009 Capital Budget for the Queen / Broadview area by the Purchase Amount which will be funded through the City’s Land Reserve Fund (“LRF”).

3.         City Council direct that upon acquisition, the purchased lands to be designated for municipal parking purposes, to be managed by the TPA.

4.         City Council authorize the City Solicitor to complete the purchase transaction, deliver any notices, pay any expenses and amend the closing and other dates to such earlier or later date(s), on such terms and conditions, as she may, from time to time, determine.

5.         City Council request the Toronto Transit Commission to site and configure the new LRT loop with least impact on the surrounding residential community.

6.         City Council request the Toronto Transit Commission and the Toronto Parking Authority, in consultation with the Ward Councillor and any appropriate City Departments, to present the plan to surrounding business, the Riverside BIA and residential community for their comments.

7.         City Council request the Toronto Parking Authority to continue to work to replace all of the current parking spaces at the Broadview parking lot and as well be requested to try to increase the number of  Green P parking spaces in the Broadview and Queen area.

8.         City Council request the Toronto Parking Authority to work with Riverside Artist Network and the Local Councillor with the assistance of the Affordable Housing Office on opportunities to include affordable housing on any of the newly configured TPA lots.

9.         City Council direct that a copy of this Item be sent to the Affordable Housing Committee and the Board of Directors of the Toronto Parking Authority.

10.       City Council authorize the public release of Attachment 1 to the report (October 26, 2009) from the President, Toronto Parking Authority - Confidential Information, if Council approves the acquisition and the transaction is completed to the satisfaction of the City Solicitor.

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

Confidential Attachment 1 to the report (October 26, 2009) from the President, Toronto Parking Authority remains confidential in its entirety at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to a proposed or pending acquisition or sale of land for municipal or local board purposes.  The confidential information will be made public once the transaction is completed to the satisfaction of the City Solicitor.

City Council recessed its public session and met as Committee of the Whole in closed session on November 30, 2009, and considered confidential information on this Item as it relates to a proposed or pending acquisition or sale of land for municipal or local board purposes.

The Government Management Committee recommends that:

1.         City Council authorize the acquisition of 134 and 136 Broadview Avenue (refer to the Location Map attached to the report (October 26, 2009) from the President, Toronto Parking Authority), from HPH (Broadview) Limited, for the purchase price and all associated costs such as land transfer tax, survey, environmental studies, appraisal, brokerage fees and legal (the “Purchase Amount”) (see Attachment 1 – Confidential Information in the report.)

2.         City Council authorize an increase to TPA’s 2009 Capital Budget for the Queen / Broadview area by the Purchase Amount which will be funded through the City’s Land Reserve Fund (“LRF”).

3.         City Council direct that upon acquisition, the purchased lands to be designated for municipal parking purposes, to be managed by the TPA.

4.         City Council authorize the City Solicitor to complete the purchase transaction, deliver any notices, pay any expenses and amend the closing and other dates to such earlier or later date(s), on such terms and conditions, as she may, from time to time, determine.

5.         City Council request the Toronto Transit Commission to site and configure the new LRT loop with least impact on the surrounding residential community.

6.         City Council request the Toronto Transit Commission and the Toronto Parking Authority, in consultation with the Ward Councillor and any appropriate City Departments, to present the plan to surrounding business, the Riverside BIA and residential community for their comments.

7.         City Council request the Toronto Parking Authority to continue to work to replace all of the current parking spaces at the Broadview parking lot and as well be requested to try to increase the number of  Green P parking spaces in the Broadview and Queen area.

8.         City Council request the Toronto Parking Authority to work with Riverside Artist Network and the Local Councillor with the assistance of the Affordable Housing Office on opportunities to include affordable housing on any of the newly configured TPA lots.

9.         City Council authorize the public release of Attachment 1 in the report - Confidential Information, if Council approves the acquisition and the transaction is completed to the satisfaction of the City Solicitor.

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

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council adopt the confidential recommendations in Attachment 1 of the report (November 3, 2009) from the City Solicitor.

2.         City Council authorize the public release of the confidential recommendations and the settlement agreement attached to the report (November 3, 2009) from the City Solicitor, if adopted by Council.

The following instructions contained in Confidential Attachment 1 to the report (November 3, 2009) from the City Solicitor were adopted by City Council and are now public:

1.         City Council approve the Minutes of Settlement attached as Attachment 2;

2.         City Council authorize appropriate City staff to sign any documents necessary to give effect to the said Minutes of Settlement.

The balance of Confidential Attachment 1 to the report (November 3, 2009) from the City Solicitor remains confidential, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality.

Confidential Attachment 2, headed "Minutes of Settlement", appended to the report (November 3, 2009) from the City Solicitor, is now public in its entirety.

The Government Management Committee recommends that:

1.         City Council adopt the confidential recommendations in Attachment 1 of the report (November 3, 2009) from the City Solicitor.

2.         City Council authorize the public release of the confidential recommendations and the settlement agreement attached to the report, if adopted by Council.

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council delete and replace paragraph 3 of “Other Conditions” on Appendix “A” of Item GM16.9, adopted by City Council at its meeting held on July 15, 16 and 17, 2008, with the following:

"3.        Purchaser and any subsequent owner of the adjoining development site to continue to maintain and repair Parts 1 and 2 (the “Walkways”) on Sketch No. PS-2008-026 in perpetuity and to provide sufficient evidence of insurance coverage, including naming the City as an additional insured, satisfactory to the Deputy City Manager and Chief Financial Officer, and in relation to the walkway shown as Part 2, to provide an indemnity to the City against any claims."

The Government Management Committee recommends that:

1.         City Council delete and replace paragraph 3 of “Other Conditions” on Appendix “A” of Item GM16.9, adopted by City Council at its meeting held on July 15, 16 and 17, 2008, with the following:

"3.        Purchaser and any subsequent owner of the adjoining development site to continue to maintain and repair Parts 1 and 2 (the “Walkways”) on Sketch No. PS-2008-026 in perpetuity and to provide sufficient evidence of insurance coverage, including naming the City as an additional insured, satisfactory to the Deputy City Manager and Chief Financial Officer, and in relation to the walkway shown as Part 2, to provide an indemnity to the City against any claims."