The Treasurer recommends that:

1.         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 $383,423.32 including reductions in Business Improvement Area charges, as identified in Appendix A, be approved.

2.         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 $106,102.39 including reductions in Business Improvement Area charges, as identified in Appendix B, be approved.

3.         The appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

This report deals with tax appeal applications made to the Treasurer pursuant to sections 323 and 325 of the City of Toronto Act, 2006 (COTA).  Section 323 permits Council to cancel, reduce or refund taxes in cases when, during the year, a property undergoes changes such as when it is destroyed by fire or demolished, becomes exempt from taxation, or is reclassified due to a change in its use.  Under section 325 of the COTA, taxpayers can request a cancellation, reduction or refund of taxes when an error in the assessment roll is identified which results in an overcharge.

The legislation requires Council to hold a public meeting where applicants may make a submission in defence of their position.  Council has delegated authority to hold such public meetings to the Government Management Committee.

Staff have mailed Notices of Hearing to affected taxpayers advising of the upcoming hearing before Government Management Committee.

The Treasurer recommends that:

1.         The apportionment of property taxes in the amounts identified in Appendix A and Appendix B, under the columns entitled “Apportioned Tax” and “Apportioned Phase In/Capping”, be approved.

2.         The appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

This report deals with 57 tax apportionment applications made by the Treasurer or to the Treasurer by an owner of land pursuant to section 322 of the City of Toronto Act, 2006, for the properties listed in Appendices A and B (attached).

The legislation requires Council to hold a public meeting at which the applicants and/or property owners may make representations.  Council has delegated authority to hold such public meetings to the Government Management Committee. 

Staff have mailed Notices of Hearing to affected taxpayers advising of the upcoming hearing before the Government Management Committee.

Appendices A and B identify that approximately $111,258.65 (as at March 24, 2010) in penalty/interest charges has accumulated on the tax accounts pending the initiation of the process to reallocate the taxes.  This amount, and any other interest/penalty that will accumulate on the accounts pending the finalization of the process, will be written off.  Council has granted authority for such write offs to the Director of Revenue Services.  Funding for the write-off of the interest/penalty amount is provided for in the 2010 Tax Penalty Account (Non-Program Budget).

With the exception of the penalty/interest amounts that will be written off, the reallocation of the property taxes from one account to other accounts has no financial impact on the City of Toronto and merely serves to secure the City’s revenues.

The Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial impact information.

The Treasurer recommends that:

1.         City Council grant authority to enter into an agreement with the Royal Bank of Canada (RBC) being the sole proponent submitting a proposal and meeting the requirements of the RFP to provide banking services to the City of Toronto for a five (5) year period starting July 1, 2010 for an estimated annual amount of $1,051,484.22 net of all taxes and subject to budget approval beyond 2010, with an option to renew for two (2) additional five (5) year terms.  The total estimated value of the contract award for the initial five (5) year period is $5,257,421.10 net of all taxes.

2.         Authority be delegated to the Treasurer to exercise the option to renew for two (2) additional five (5) year terms and to negotiate and approve the fees, interest rates and any other costs for each of the two (2) additional five (5) year terms, with payment of such fees, interest rates and other costs being subject to the funds being available through budget approval.

The purpose of this report is to advise on the results of Request for Proposal (RFP) 9155-09-7179 for the provision of banking services to the City of Toronto and to request authority to enter into an agreement with the recommended proponent.

The total potential contract award for the first five year term starting July 1, 2010 is $5,257,421.10 net of all taxes.  The cost to the City is $5,349,951.71 net of HST recoveries.  The funding for the contract award is included in various Divisional Operating Budgets for 2010 and will be included in their respective 2011-2015 Operating Budget submissions.

Increases for the optional terms are subject to negotiation.   Should the Treasurer exercise the optional terms of the contract, then appropriate additional funding will be requested in the 2015 to 2025 various Divisional Operating Budgets.

The Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial impact information.

In response to requests from both the Government Management Committee and the Audit Committee, this report provides information on the structure and mandate of the City’s five pre-OMERS pension plans and its boards, the City’s responsibility for the plans and potential assistance that could be provided by the Ontario Municipal Employees Retirement System (OMERS) or the Ontario Teachers’ Pension Plan with respect to these pension plans.

Additionally, this report outlines how the recent equity market conditions impacted the City-sponsored pension plans, the TTC-sponsored plan and OMERS, and forecasts funding requirements. 

There are no financial implications arising from this report.

The Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial impact information.

This report provides a summary of the activities and performance indicators for the Accounting Services (AS) Division and the Purchasing and Materials Management Division (PMMD) for the year ending December 31, 2009 with previous year comparisons, where applicable. 

There are no financial implications as a result of this report.

The Deputy City Manager and Chief Financial Officer have reviewed this report and agree with the financial impact information.

To provide information on property tax accounts with outstanding receivables of $500,000 or more as at December 31, 2009, and to report on the total outstanding tax receivables as at December 31, 2009.

This report contains two attachments - Attachment 1 lists properties with tax arrears of $500,000 or more, and Attachment 2 identifies the tax receivables as at December 31, 2009.

There are no financial implications arising from this report.

The Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial impact information.

The Chief Corporate Officer recommends that:

1.         Authority be granted to enter into the Licence Agreement with MTO for a portion of the Brock North Landfill property (shown cross-hatched on the site map in  Appendix “B” ), for nominal consideration, to permit MTO and its forces to conduct Stage 2 and Stage 3 Archaeological Assessments, substantially on the terms and conditions set-out in Appendix “A” and on such other terms and conditions as the City Solicitor deems necessary to protect the City’s interest.

2.         Each of the Chief Corporate Officer and the Director of Real Estate Services be authorized severally to execute the Licence Agreement on behalf of the City.

3.         The City Solicitor be authorized to complete the Licence Agreement, including amending the closing and other dates and amending and waiving terms and conditions, on such terms as she considers appropriate.

The purpose of this report is to seek Council authority to enter into a temporary licence agreement (the “Licence Agreement”) with the Ministry of Transportation (“MTO”) for access to a portion of the Brock North Landfill property to permit MTO to conduct an archaeological assessment.

There is no financial impact to the City as a result of approving this report.

The Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial impact information.

The Chief Corporate Officer recommends that:

1.         City Council grant authority to enter into a 5 year less one day renewal of the Lease Agreement with the Tenant regarding the use of the City’s land substantially on the terms and conditions outlined in Appendix “A” of this Report, such other terms deemed appropriate by 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 renewed 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.

The purpose of this report is to obtain authority to enter into a 5 year renewal of the Lease Agreement between the City of Toronto (the “Landlord”) and Toronto Community Housing Corporation (the “Tenant”) that uses the City’s land for the purpose of allotment gardens for the exclusive use of the senior residents of the nearby McClain Park Apartments.

The Chief Corporate Officer recommends that:

1.         City Council authorize the extension of the existing lease at 705 Progress Avenue  Unit No. 29/30 with Toronto Institute of Pharmaceutical Technology for a three (3) year term commencing on December 1, 2009, based substantially on the terms and conditions as set out in the attached Appendix “A” and any other terms and conditions deemed appropriate by the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

2.         City Council authorize the extension of the existing lease at 705 Progress Avenue, Unit No. 47/49 with Laser Environment Canada, Inc for a two (2) year term commencing on February 1, 2010 based substantially on the terms and conditions as set out in the attached Appendix “B” and any other terms and conditions deemed appropriate by the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

3.         City Council authorize the Chief Corporate Officer to administer and manage the Lease Extension 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.

The purpose of this report is to obtain Council’s authority to enter into lease extension agreements with two tenants (Toronto Institute of Pharmaceutical Technology and Laser Environment Canada, Inc.) occupying industrial and office space at 705 Progress Avenue.

The Chief Corporate Officer recommends that:

1.         City Council authorize a new lease agreement for storage space located on the P3 level at 1530 Markham Road with Rogers Cable Communications Inc. for a ten (10) year term commencing on May 1st, 2006 with the option of renewal for an additional five (5) year term, on the terms and conditions set out in the attached Appendix “A”, and on such other terms and conditions as may be deemed appropriate by the Chief Corporate Officer, or his or her designate, and in a form acceptable to the City Solicitor.

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

3.         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 (including their content) to City Council for its determination and direction.

The purpose of this report is to obtain Council’s authority to enter into a new lease agreement with Rogers Cable Communications Inc., for approximately 242 square feet of space located on the P3 level at 1530 Markham Road.

The Chief Corporate Officer recommends that:

1.         City Council authorize a Lease Agreement with Oxford Properties Group Inc for the lease of approximately 21,202 square feet of rentable area on the sixteenth (16th) floor of the building (the “Building”) known municipally as 200 Wellington Street West (the “Leased Premises”)  substantially on the terms and conditions as set out in Appendix “A” 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 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 pass a by-law pursuant to section 252 of the City of Toronto Act, 2006 providing authority to:

(a)        enter into a municipal capital facility agreement with Oxford Properties Group Inc. in respect of the Leased Premises; and

(b)        exempt the Leased Premises from taxation for municipal and school purposes, which tax exemption is to be effective from the latest of (i) the date the municipal capital facility agreement is signed and (ii) the date the tax exemption by-law is enacted.

4.         City Council direct the City Clerk to give written notice of the by-law to the Minister of Education, the Municipal Property Assessment Corporation, the Toronto District School Board, the Toronto Catholic District School Board, the Conseil Scolaire de District du Centre-Sud-Ouest and the Conseil Scolaire de District du Catholique Centre-Sud.

5.         City Council authorize the introduction of the necessary bills to give effect thereto.

The purpose of this report is to obtain authority to enter into a new Lease Agreement with Oxford Properties Group Inc., as Landlord, to lease approximately 21,202 square feet of rentable area located on the sixteenth (16^th) floor of the building municipally known as 200 Wellington Street West, and to have the leased premises designated as a Municipal Capital Facility.

The proposed Lease Agreement provides for a base rent of $23.00 per square foot of rentable area (21,202 square feet) for three (3) years, commencing on September 1^st, 2010. Throughout the term, the City will also be responsible for additional rent for operating costs and property taxes, which are estimated at an annual rate of $27.58 per square foot (subject to annual adjustments). The resulting annual rents are outlined in the following chart:

Leasehold Improvements must also be completed to the Leased Premises in accordance with the final floor plan approved by the City. The cost of Leasehold Improvements will be determined by both the Landlord and the City and the Landlord will contribute $11 per square foot ($233,222) towards the cost of these improvements. Any amount owing above this contribution may be amortized over the Lease Term at an annual rate of 10% and added to the annual net rent paid by the City.

The annual property taxes for the leased premises are estimated to be approximately $308,457 in total, comprised of a municipal portion of $185,736 and a provincial education portion of $122,694, based on 2008 Current Value Assessment (CVA) and 2008 tax rates, including all capping adjustments. The designation of the Leased Premises as a municipal capital facility would eliminate the property tax component of additional rent. 

Exemption of the leased space will result in a reduction in municipal tax revenue of approximately $185,736 per year (i.e., the municipal portion of taxes that will no longer be collected). Overall, the net savings to the City will be approximately $122,694 per year, representing the education portion of taxes that will no longer be payable to the Province once the exemption takes effect.

Funding for this lease is provided in the Financial Services’ 2010 Recommended Capital Budget. Funding requirements for 2011-2013 are included in the Financial Services’     10 –Year Capital Plan and will be accommodated within approved capital budget plan.

The Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial impact information.

The Chief Corporate Officer recommends that:

1.         City Council, as approving authority under the Expropriations Act, approve the expropriation of the property interests set out in Appendix “A” for the Sheppard Avenue East Grade Separation.

2.         City Council, as expropriating authority under the Expropriations Act, authorize 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.

3.         The Director of Real Estate Services be authorized to sign the Notices of Expropriation and Notices of Possession on behalf of the City.

4.         Leave be granted for introduction of the necessary Bill in Council to give effect thereto.

5.         City Council authorize the public release of the confidential information contained in Attachment 1 once there has been a final determination of the compensation payable for the Properties by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

This report seeks authority to expropriate portions of 4046, 4054 and 4125 Sheppard Avenue East as set out in Appendix “A” (the Properties”) and illustrated in Appendix “B” for the purposes of constructing the grade separation at the Agincourt GO Station (the “Project”).  The grade separation is a prerequisite for the proposed Toronto Transit Commission (“TTC”) Sheppard East LRT.

Funding for the Required Property identified in Appendix “A” is available in the 2010-2014 Approved Capital Budget and Plan, in project CTT135.

Confidential Attachment 1 to this report identifies the initial appraised values for the Properties.

The Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial impact information.

The Chief Corporate Officer recommends that:

1.         City Council, as the Approving Authority, approve the expropriation of a portion of 1150 Finch Avenue West as identified in Appendix A, for the purposes of utility relocations in advance of the construction of the Finch West subway station, for the extension of Four Winds Drive, the building of a bus terminal and all works ancillary thereto, 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 authorize 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 this property.

4.         City Council further authorize City staff to obtain an appraisal report to value this  property, updated to the date of expropriation; and to prepare and serve offer of compensation on all registered owners, at the appraised value, all in accordance with the requirements in the Expropriations Act.

5.         City Council authorize the Director of Real Estate or his designate to sign the Notice of Expropriation, Notice of Possession and the Offer of Compensation on behalf of the City for this property.

6.         City Council authorize the public release of the confidential information contained in Attachment 1 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.

In November 2009, City Council authorized City staff to initiate expropriation proceedings, if necessary for additional property requirements from six properties required for the construction of a portion of the Toronto-York Spadina Subway Extension Project (the “Project”) within the geographical boundaries of the City of Toronto (“City”).  For one of the properties, all the necessary steps required under the Expropriations Act have been taken and this report recommends that City Council, as approving authority under the Expropriations Act, approve the expropriation of a portion of 1150 Finch Avenue West.

Total estimated property acquisition costs for the Project were estimated preliminarily at $125 million (in as spent dollars), allocated as 59.96% Toronto/40.04% York Region.

Confidential Attachment 1 to this report identifies the initial appraised value for the property recommended for expropriation, namely 1150 Finch Avenue West.

Funding is available in the Council Approved 2010 Capital Budget and 2011-2019 Capital Plan within the Spadina Subway Extension Capital Project (CTT134). 

The Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial impact information.

The Chief Corporate Officer recommends:

1.         Council authorize the Director of Real Estate to commence the expropriation process, in accordance with the Expropriations Act,  to acquire part of Parcel 13-1, Section A-694E, being part of Block 13, Plan 694E, Toronto municipally known as part of 180 Queens Quay East and part of 215 Lake Shore Blvd. East, shown as the shaded Parts 1 and  3 on Appendix B (the “Required Lands”),  to facilitate the reconfiguration of Lower Sherbourne Street right-of-way.

2.         Council authorize the Director of Real Estate to serve and publish Notices of Application for Approval to Expropriate the Required Lands, to forward any requests for a hearing that are received to the Chief Inquiry Officer, to attend the hearing in order to present the City’s position, and to report the Chief Inquiry Officer’s recommendations back to Council for its consideration.

3.         The appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.

Toronto Waterfront Revitalization Corporation (“WT”) has requested that the City exercise its expropriation powers to acquire certain lands required for the reconfiguration of the Lower Sherbourne Street right-of-way.  This report seeks authorization to commence the expropriation of a portion of 180 Queens Quay East and 215 Lake Shore Boulevard East.

There are no financial implications as a result of this report.   WT, in their role as revitalization lead for the waterfront, has undertaken to be responsible for any costs associated with this expropriation.

The Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial impact information.

The Chief Corporate Officer recommends that:

1.         City Council grant authority to the Director of Real Estate Services to negotiate to acquire and, if necessary, to initiate expropriation proceedings, for the Required Property for the purposes of constructing the Line from west side of Kennedy Road to east of McCowan Road.

2.         City Council grant authority to the Director of Real Estate Services to serve and publish Notices of Application for Approval to Expropriate the Required Property, 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.

3.         City Council authorize the amendment to the property requirements, as set out in Appendix “B1” of this report, for which authority to initiate expropriation proceedings were previously approved by Council.

In July 2008, City Council approved the recommendations contained in the Sheppard East LRT Class Environmental Study to allow staff to begin the detailed design, as soon as possible, and be in a position to begin construction of the Sheppard East Light Rail Transit (the “Line”) in 2009.  In October 2008, City Council authorized staff to acquire thirty-one property requirements between West Highland Creek and Midland Avenue to facilitate construction of the Agincourt grade separation, a prerequisite to constructing the Line.  In March 2010, City Council authorized staff to acquire sixty-nine properties from west of Birchmount Road to east of McCowan Road to facilitate construction of the Line. 

This report addresses and seeks authority to acquire eleven properties, between west side of Kennedy Road and east of McCowan Road as identified in Appendix “A1” (the “Required Property”) and illustrated in Appendix “A2”, to facilitate construction of the Line.  This report also seeks approval to amend ten previously approved property requirements as identified in Appendix “B1” and illustrated in Appendix “B2”.

Funding for the property identified in Appendices “A1”and “B1” is available in the   2010-2014 Approved Capital Budget and Plan, in project CTT135.

The Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial impact information.

The Chief Corporate Officer recommends that:

1.         City Council declare surplus the property at 30 Roehampton Avenue described in PIN 21136-0248 (LT) as Lot 1 and Part of Lots 2, F and G on Plan 639, save and except a strata area being sufficient in area to accommodate 150 parking spaces (the “Property”), with the intended manner of disposal to be by way of a sale to the successful proponent of the Toronto Parking Authority's Request for Proposals related to the proposed sale of the Property.

2.         With respect to the lands previously known as 44 Roehampton Avenue which form a part of the Property, City Council, as the approving authority under the provisions of the Expropriations Act, approve the disposal of the Property without giving the original owners from whom the 44 Roehampton Avenue lands were expropriated the first chance to repurchase those lands on the terms of the best offer received by the expropriating authority.

3.         City Council authorize that all steps necessary to comply with the City’s real estate disposal process as set out in Chapter 213 of the City of Toronto Municipal Code be taken.

4.         City Council authorize the Toronto Parking Authority to negotiate the terms and conditions of a sale agreement with the selected proponent from the Request for Proposals, and report back thereon.

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

The purpose of this report is to seek authority to declare surplus the property at 30 Roehampton Avenue, save and except a strata area sufficient in area to accommodate 150 parking spaces, and to authorize the proposed manner of disposal, being a sale to the selected proponent from a Request for Proposals undertaken by the Toronto Parking Authority for the sale of the property. 

The authority to declare property as surplus has been delegated to the Chief Corporate Officer, unless the local Councillor requires the matter to be determined by Council, as in this instance.

There is no financial impact from the declaration of surplus. Revenue for the Toronto Parking Authority will be generated from the eventual sale.

The Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial impact information.

The purpose of this report is to advise that a staff action report, “Transfer of Properties to Build Toronto – Second Quarter 2010” will be on the Supplementary Agenda for the Government Management Committee meeting scheduled for April 28, 2010.

The 311 Executive Sponsor Deputy City Manager and the Deputy City Manager and Chief Financial Officer recommend that:

1.         Subject to the completion of Phase 2 of the 311 Technology Solution, City Council consent to the assignment of the Agreement having an Effective Date of March 28, 2008 between the City and BearingPoint LP for the acquisition and implementation of the 311 Technology Solution for the purpose of implementing the 311 Customer Service Strategy to Accenture Inc.

2.         The Executive Sponsor, Sue Corke and the Chief Information Officer be authorized to negotiate and enter into a Support and Maintenance Agreement with Bearing Point LP for the 311 Technology Solution in a form satisfactory to the City Solicitor.

3.         Subject to the successful execution of a Support and Maintenance Agreement with BearingPoint LP, City Council consent to the assignment of the Support and Maintenance Agreement to Accenture Inc.

4.         The appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.

The purpose of this report is to provide the current status of BearingPoint LP as a result of the Chapter 11 proceedings of its U.S. parent company, and to make recommendations to address the issues arising therefrom.  The Agreement for Phases 1 and 2 of the 311 Technology Solution (“Solution) Project is dated March 28, 2008 (the "Agreement") and is expected to be completed on June 30, 2010.

There is no financial impact.

The Deputy City Manager and Chief Financial Officer has reviewed this report and agree with the financial impact information.

This report is for the information of Government Management Committee.  It is a regular quarterly report on the progress of the 311 Project Office and 311 Operations.

There are no financial implications as a result of approval of this report.  The Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial impact statement.

The General Manager of Parks, Forestry and Recreation, and the Deputy City Manager and Chief Financial Officer recommend that:

1.         The revised proposal from Tuggs Incorporated, dated April 17, 2009 (the "Revised Proposal" attached as Appendix “A”) be accepted, in accordance with the recommendations contained in PE1.3 and the following additional conditions and amendments thereto:

a.         the Licensed Premises be expanded to include Ashbridges Bay Park;

b.         permission be granted to Tuggs to erect a maximum of three first and/or third party sponsorship signs, as well as a new reader board to be located at Coxwell and Lakeshore Rd. East, subject to compliance with the City’s sign by-law and policies, and placed in locations satisfactory to the General Manager of Parks, Forestry and Recreation, provided that there will be no conflict with any City contracts or programs related to sponsorship;

c.         Tuggs existing exclusive vending rights be further expanded to permit the location of one licensed mobile vending truck within the limits of the east parking lot located at Ashbridges Bay;

d.         additional authority be granted to Tuggs to sell non-consumable goods and products in the Parklands (entire Eastern Beaches), subject to prior written approval of all such products by the General Manager of Parks, Forestry and Recreation;

e.         Tuggs existing exclusive rights to sell alcoholic beverages in Woodbine Beach park be expanded to include Ashbridges Bay Park, subject to Tuggs having obtaining any necessary permits to do so;

f.          Council accept Tuggs revised Base Rent proposal of $4,750,000 to the City over a revised term of twenty-one years less a day, being $1,000,000 less than the Base Rent previously approved by Council in 2007;

g.         Council accept Tuggs revised guaranteed Sponsorship Revenue sharing payment of $340,000 to the City over the revised term of twenty one years less a day, as detailed in the Revised Proposal, being $410,000 less than the guaranteed Sponsorship Revenue previously approved by Council in 2007; 

h.         Tuggs be required to contribute $200,000 as set out in section 3.1 of the original proposal to be used for capital improvements Woodbine Beach Park and provided in the year 2011 – 2012. The General Manager of Parks, Forestry and Recreation shall have final approval of the use of the $200,000. and

i.          the Term of the agreement be changed from twenty years to twenty-one years less a day commencing with effect from September 17, 2007 and terminating on September 16, 2028.

2.         Staff  be directed to finalize the agreement with Tuggs as authorized by Council in accordance with the recommendations contained in PE1.3 and as amended by the recommendations set out in this report, to the satisfaction of the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor, subject to Tuggs paying any and all outstanding arrears of taxes and rent.

3.         If the agreement referred to in Recommendation 2 above is not executed by Tuggs by June 30, 2010, staff be authorized and directed to give notice to Tuggs to cease and vacate by December 31, 2010, and staff be directed to issue an RFP for the Food Service Facilities at the Eastern Beaches to commence in 2011.

At its meeting of February 5, 6, 7 and 8, 2007, City Council adopted Parks and Environment Committee Report PE1.3 entitled “Tuggs Incorporated Investment Proposal for Redevelopment of the Eastern Beaches Food Services Facilities,” and in so doing, directed staff to accept Tuggs unsolicited proposal to redevelop the Eastern Beaches food services.  Staff were directed to negotiate and enter into a new twenty-year agreement with Tuggs in accordance with the terms contained in the unsolicited proposal, subject to receipt and review of a detailed business plan, including financial forecasts, evidence of financing, a marketing plan and a partnership plan and additional conditions imposed by Council in regards to rent, capital contribution and state of good repair, as set out in the recommendation approved by Council in PE1.3.   

Since the approval of PE1.3 City Staff have attempted, without success, to negotiate an agreement consistent with the terms approved by Council.   This report seeks authority to vary the terms approved by Council in 2007 in order to arrive at a resolution and to conclude negotiations on terms satisfactory to the Proponent and Parks, Forestry and Recreation staff.

Letter submitted by Councillor Suzan Hall requesting that Real Estate division staff look into the feasibility of the City purchasing 91 Baywood Road.