It is recommended that:

1.         City Council approve a transaction between the TPA and MUC involving a conveyance to MUC of a stratified interest in the City-owned lands declared surplus and located at 30 Roehampton Avenue.  Conveyance consideration is for a minimum Base Purchase Price of $18.4 million.  The Base Purchase Price will be reduced by a sum equal to $95.00 for each square foot of GFA for which the Project is less than 250,000 square feet however the agreement of purchase and sale provides for a guaranteed Base Purchase Price of no less than $17.0 million.  The Base Purchase Price will be increased as part of a density related Purchase Price Bonus of up to $1.2 million.  The purpose of the conveyance is to construct a condominium complete with a public parking garage to be built to TPA specifications and containing approximately 150 spaces, on the terms and conditions as outlined in the body of this report and detailed in Appendix A.

2.         City Council authorize and direct the appropriate City Officials to execute all necessary documents including but not limited to an Interim Parking Lease Agreement, Construction Procedures Agreement and Reciprocal Cost Sharing Agreement along with all necessary transfers and undertakings.

3.         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 obtain City Council authority for the sale of the development rights at Municipal Carpark 49 (30 Roehampton Avenue) (the “Property”) to MUC Properties Inc. (“MUC”, “Minto” or the “Purchaser”) for the purpose of constructing a condominium complete with a public parking garage containing approximately 150 spaces to be built to TPA specifications on the terms and conditions as outlined in the body of this report and detailed in Appendix A.

For the sale of the development rights at the Property, the TPA will be paid by MUC a Base Purchase Price of $18.4 million for a project having 250,000 square feet of Gross Floor Area (GFA).  Should the approved development density of the project be less than 250,000 square feet of GFA, the Base Purchase Price will be adjusted down by $95.00 for each square foot of GFA below 250,000 square feet, with a guaranteed Base Purchase Price of no less than $17.0 million.  MUC will construct a municipal parking garage to TPA specifications containing approximately 150 spaces at no additional cost to the TPA, the construction cost of which is estimated to be $6.75 million.  Assuming a 250,000 square foot development, the total value of the sale of development rights, including the construction of the public parking garage, amounts to approximately $25.15 million.  At a minimum, the total consideration will not be less than $23.75 million.

No funding is required for this project.

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, subject to authorizing the permanent closure of that part of the public highway Indian Line, between Eglinton Avenue West and Renforth Drive, being part of the road allowance between Townships of Etobicoke and Toronto Gore, designated as Part 1 on Plan 66R-24324 and shown as Part 1 on Sketch No. PS-2010-037 (“Highway One”), authorize the City to enter into an Agreement of Purchase and Sale with the City of Mississauga for the sale of Highway One, in the amount of $385,000.00, substantially on the terms and conditions outlined in Appendix “A” to this report, and on such other terms and conditions as may be approved by the Chief Corporate Officer.

2.         City Council, subject to authorizing the permanent closure of portions of the public highway Eglinton Avenue West, in the City of Mississauga, between Orbitor Drive to west of Spectrum Way, being Part 1 on Plan 43R-13337,   Blocks 11, 12 and 13 on Plan 43M-793 and Part 3 on Plan 43R-14617 and shown as Part 2 on Sketch No. PS-2009-080, Part 2 on Sketch No. PS-2009-081 and Part 2 and Part 4 on Sketch No. PS-2009-082a (collectively “Highway Two”), authorize the City to enter into an Agreement of Purchase and Sale with the City of Mississauga for the sale of Highway Two, and also for the one foot reserves abutting Highway Two to the north, said reserves shown as Part 1 on Sketch Nos. PS-2009-080 and PS-2009-081 and Parts 1 and 3 on Sketch No. PS-2009-082a (the “Reserves”), all for nominal consideration, substantially on the terms and conditions outlined in Appendix “B” to this report, and on such other terms and conditions as may be approved by the Chief Corporate Officer.

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

4.         City Council grant authority to direct a portion of the proceeds of closing of Highway One to fund the outstanding expenses related to the sale of Highway One, Highway Two, the Reserves and the completion of the sale transactions.

5.         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 or waiving terms and conditions, on such terms as she considers reasonable.

The purpose of this report is to authorize the sale of part of the public highway Indian Line in the City of Toronto and parts of the public highway Eglinton Avenue West and abutting 1 foot reserves located in the City of Mississauga, to The Corporation of the City of Mississauga (the “City of Mississauga”), for the Inter-Regional Bus Rapid Transit Line.

The terms for completing the transaction, as set out herein, are considered to be fair and reasonable.

Revenue in the amount of $385,000.00 (net of HST), less closing costs and the usual adjustments, is anticipated from the sale of Highway One.

There will be no revenue realized from the sale of Highway Two and the Reserves as they are proposed to be sold to the City of Mississauga for nominal consideration.

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, “Sale of Portion of the Westwood Lands” will be on the Supplementary Agenda for the Government Management Committee meeting scheduled for August 12, 2010.

This semi-annual report provides information regarding total property sales and purchases by the City from January 1, 2010, to June 1, 2010. This report includes the number of properties proposed for sale and the current status of such properties. This report also includes details regarding acquisition and expropriation costs and settlements.

The Chief Corporate Officer recommends that:

1.         City Council authorize the Director of Real Estate to negotiate to acquire the Properties as set out in Appendix “A”, and if unsuccessful, to initiate expropriation proceedings, for the purpose of upgrading the Woodbine Station facility in accordance with the Project.

2.         City Council grant authority to the Director of Real Estate to serve and publish Notices of Application for Approval to Expropriate the Properties interests identified in Appendix “A”, 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 Inquiry Officer’s recommendations to City Council for its consideration. 

This report seeks authority to acquire certain property requirements (the “Properties”) as set out in Appendix “A” required to accommodate the designs of the Woodbine Station Easier Access and Second Exit Programs (the “Project”) and to initiate expropriation proceedings, if necessary.

Funding is available in the Council Approved 2010 Budget and 2011-2019 Approved Capital Budget and Plan, in project CTT- 024.  Details are outlined in the Toronto Commission report at:  http://www.ttc.ca/postings/gso-comrpt/ttcbody.htm.

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 authorize a licence agreement (the “License”) with the Licensor for non-exclusive use of approximately 315.064 acres of lands as outlined in Appendix "A" and substantially on the terms and conditions as set out in Appendix “B” 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 relevant City authorities to administer and manage the Licence including the provision of any consents, approvals, amendments, notices and notices of termination provided that the they 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 authority to enter into a Licence Agreement with Ontario Realty Corporation, acting as agent on behalf of Her Majesty the Queen in right of Ontario as represented by the Minister of Energy and Infrastructure (“the Licensor”), for the use of lands on various hydro corridors for various parks uses. The proposed licence agreement is for a five (5) year term, commencing retroactively on January 1st, 2010.

The proposed agreement will require the City to pay a five dollar ($5.00) fee for the five (5) year term commencing on January 1, 2010 and ending on December 31, 2015. The City will also be responsible for 50% of all taxes, rates or grants in lieu levied against the lands for each year during the term. The City’s share of taxes is estimated to be $321,787 annually and is subject to changes in applicable acres levy rates which are applied to all parks using hydro corridors.  

The City’s share of the estimated property taxes for 2010 will be absorbed within the Parks, Forestry and Recreation Division’s 2010 Operating Budget.  Additional funding for the City's share of the estimated property taxes for 2011 and beyond will be requested as part of the 2011 and future PF&R operating budget submissions.  

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

The Chief Corporate Officer recommends that:

1.         City Council authorize a new Below-Market Rent (BMR) lease agreement with the Atelier Theatre Society (o/a Opera Atelier) for a five (5) year term with a five (5) year extension option, based on the terms and conditions set out in the attached Appendix “A”, and on such other terms and conditions deemed appropriate by the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

2.         City Council authorize a new Below-Market Rent (BMR) lease agreement with The Canadian Stage Corporation (o/a The Canadian Stage Company) for a ten (10) year term with a ten (10) year extension option, based on the terms and conditions set out in the attached Appendix “B”, and on such other terms and conditions deemed appropriate by the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

3.         City Council authorize a new Below-Market Rent (BMR) lease agreement with Young People’s Theatre (o/a Lorraine Kimsa Theatre for Young People) for a ten (10) year term with a ten (10) year extension option, based on the terms and conditions set out in the attached Appendix “C”, and on such other terms and conditions deemed appropriate by the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

4.         City Council authorize the City Solicitor to complete the lease, deliver any notices, 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.

5.         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.

The purpose of this report is to obtain City Council authority to enter into Below-Market Rent (BMR) lease agreements with Opera Atelier, the Canadian Stage Company, and Lorraine Kimsa Theatre for Young People for a term longer than the standard BMR lease term of five years.  All three organizations currently occupy City-owned spaces and meet all eligibility criteria for a BMR lease.

The three companies are established, professional arts organizations with a long history of managing their facilities and are operating clients of the Toronto Arts Council.  In order to meet federal cultural infrastructure funding program criteria, all 3 organizations require a minimum 10-year lease agreement in order to apply for grants.

Based on past City policies and practices, City staff recommend the execution of BMR leases with a term that extends beyond the BMR standard 5 years in order to facilitate the organizations’ ability to raise funds for capital improvements for their respective facilities.  There will be no capital or operating costs to the City arising from these leases.

The proposed BMR lease agreement with Opera Atelier assumes lease of their administrative headquarters, studio and rehearsal spaces within a portion of the City-owned facility at 157 King Street East – Fourth Floor (St. Lawrence Hall) for an annual net charge of $15,840.  The Tenant shall be responsible for all applicable costs and expenses related to the Premises.

In accordance with the City’s Below Market Rent Policy, the opportunity costs of entering into the Below Market Rent agreement must be determined and reported to City Council.  Research indicates that the present value of the total opportunity cost of the lease over the 5-year term is approximately $119,149.  If the lease is extended for an additional 5-year term, the present value of the opportunity cost for the 5-year lease extension term is approximately $101,893 for a total present value opportunity cost of $221,042 over the 10 year period.

The proposed BMR lease agreement with The Canadian Stage Company assumes a lease of their administrative headquarters and performance spaces at 26 Berkeley Street for a nominal net rent consideration.  All operating costs related to the space will be paid by the tenant resulting in no cost to the City of Toronto.

Research indicates that the total present value opportunity cost of the lease over the 10-year term is approximately $1,466,882.  If the lease is extended for an additional 10-year term, the present value opportunity cost for the 10-year lease extension term is approximately $1,072,763 for a total present value opportunity cost of $2,539,645 over the 20 year period.  This figure does not take into account the fact that The Canadian Stage Company will be responsible for all capital costs related to their leased building.  Normally these costs are the responsibility of the Landlord (in this circumstance, the City of Toronto).

The proposed BMR lease agreement with Lorraine Kimsa Theatre for Young People (LKTYP) assumes a lease of their administrative headquarters and performance spaces at 165 Front Street East for a nominal net rent consideration.  All operating costs related to the space will be paid by the tenant resulting in no cost to the City of Toronto. 

Research indicates that the total present value opportunity cost of the lease over the 10-year term is approximately $1,805,393.  If the lease is extended for an additional 10-year term, the present value opportunity cost for the 10-year lease extension term is approximately $1,320,323 for a total opportunity cost of $3,125,716 over the 20 year period.  This figure does not take into account the fact that LKTYP will be responsible for all capital costs related to their leased building.  Normally these costs are the responsibility of the Landlord (in this circumstance, the City of Toronto).

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 authorize a new Below-Market Rent (BMR) lease agreement (the “Agreement”) with Clay & Paper Theatre for a five (5) year term with a five (5) year renewal option, based on the terms and conditions set out in the attached Appendix “A”, and on such 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 City Solicitor to document the Agreement, deliver any notices, 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 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.

4.         City Council grant an exemption to the Below Market Rent Policy to allow Clay & Paper Theatre to become a tenant at 35 Strachan Avenue without the need to solicit a request for proposals as required by the Below Market Rent Policy.

The purpose of this report is to obtain City Council authority to enter into a new Below Market Rent lease agreement with Clay & Paper Theatre for approximately 3,000 square feet of City-owned space located at 35 Strachan Avenue (the “Property”).

The proposed Agreement assumes a net lease of 3,000 square feet of space for a nominal consideration.  All operating costs related to the building occupancy (currently estimated at $15,000 per year based on a rate of $5.00 per square foot) will be paid by the tenant, resulting in no cost to the City of Toronto.

In accordance with the City’s Below Market Rent Policy, the opportunity costs of entering into the Below Market Rent agreement must be determined and reported to City Council.  Research indicates that the present value of the total opportunity cost of the lease over the 5-year term is approximately $141,039.  If the lease is renewed for an additional 5-year term, the present value of the opportunity cost for the 5-year lease extension term is approximately $120,613 for a total present value opportunity cost of $261,652 over the ten year period.

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

The Chief Corporate Officer and the Executive Director of Social Development, Finance and Administration, recommend that:

1.         City Council amend the eligibility criteria in the City's policies, procedures and agreements for making space available in City-owned or leased properties for community use at Below-Market Rents (BMR), as follows:

a.         by removing the requirement that at least 50 per cent of the resources and activities of the qualified tenant or sub-tenants are directed to providing services to City of Toronto residents; and

b.         by substituting therefore the requirement that qualified tenants or sub-tenants who have been approved to use such space throughout the lease/sublease term, including regional, national or international organizations, provide services, programs and initiatives that, in the opinion of the Executive Director of Social Development, Finance and Administration or the General Manager of the relevant programming division of the City, in consultation with the Chief Corporate Officer, primarily serve and benefit City of Toronto residents.

2.         City Council grant an exemption to the City's BMR policies and procedures  to allow Tides Canada Initiatives Society ("Tides") to become the tenant at 4040 Lawrence Avenue East on the terms described in Recommendation No. 3 without the need to solicit a request for proposals (RFP) as otherwise required.

3.         City Council authorize a new BMR lease agreement with Tides at 4040 Lawrence Avenue East, for a five (5) year term, with the option to renew for one five-year term, substantially based on the terms and conditions set out in attached Appendix “A”, and with such revisions thereto and any other terms and conditions as are acceptable to the Chief Corporate Officer, or his or her designate, and in a form acceptable to the City Solicitor.

4.         In order to implement the community benefits of an earlier agreement under Section 37 of the Planning Act, City Council authorize the City, as tenant, to enter into a new Community Agency Space Lease with 2229845 Ontario Inc., as landlord/owner of 1751 and 1761 Sheppard Avenue East in the Parkway Forest community for a twenty-five (25) year term, with up to three further options to renew, substantially based on the terms and conditions set out in attached Appendix “C”, and with such revisions thereto and any other terms and conditions  as are acceptable  to the Chief Corporate Officer, or his or her designate, and in a form acceptable to the City Solicitor.

5.         City Council authorize new BMR sub-lease agreements with the following community agencies at 1751 and 1761 Sheppard Avenue East for separate five (5) year terms, substantially based on the terms and conditions set out in attached Appendix “D”, and with such revisions thereto, including variations in names, and any other terms and conditions as are acceptable to the Chief Corporate Officer, or his or her designate, and in a form acceptable to the City Solicitor:

a.         Harriet Tubman Community Organization Inc.

b.         Working Women Community Centre

c.         AWIC Community and Social Services

d.         Hong Fook Mental Health Association

6.         City Council authorize the City Solicitor to complete the Community Agency Space Lease and BMR Lease and sublease agreements referred to in Recommendations 3, 4, and 5, and related documentation, as required, deliver any notices, and amend the respective commencement and other dates to such earlier or later date(s), on such terms and conditions as the City Solicitor, or his or her designate, may from time to time, determine.

7.         City Council authorize the Chief Corporate Officer, or his or her designate, to administer and manage the Community Agency Space Lease and the BMR Lease and sublease agreements, referred to in Recommendations 3, 4, and 5, 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 amend the eligibility criteria in the City's existing policies on City-owned or leased space provided at Below-Market Rent (BMR) to require that tenants and permitted occupants who are approved to use such BMR space throughout the lease term  provide services, programs and initiatives that primarily serve and benefit City of Toronto residents.

This report also seeks authority to: (a) enter into new BMR leases with Tides Canada Initiatives Society at 4040 Lawrence Avenue East in the Kingston-Galloway/Orton Park priority neighbourhood; (b) have the City, as tenant,  enter into a new lease with the owner/developer of  community agency space at 1751 and 1761 Sheppard Avenue East in the Parkway Forest community in order to implement the benefits of an earlier agreement between the Owner and the City under Section 37 of the Planning Act; and  (c) have the City enter into new BMR subleases with four local community agencies in this community agency space.

Amendment to BMR Eligibility Criteria Pertaining to Service Provision (Recommendation 1)

There are no financial implications for the City resulting from the recommendation to amend the BMR eligibility criteria.

Lease Agreement with Tides Canada Initiatives c.o.b. as East Scarborough Storefront - Tides (Recommendations 2 and 3)

The proposed BMR lease agreement with Tides assumes a lease of the lands and building located at 4040 Lawrence Avenue East containing approximately 7,668 square feet of building space for a nominal net rent consideration.  All operating costs related to the building occupancy (currently estimated at $61,000 per year based on a rate of $7.96 per square foot) will be paid by the tenant, resulting in no cost to the City of Toronto.  The proposed expansion of 4040 Lawrence Avenue East, estimated at $4.3 million will be done at the expense of this tenant agency at net zero impact to the City based substantially on the terms and conditions described in Appendix "A".

Research indicates that the present value of the total opportunity cost of the lease at 4040 Lawrence Avenue East over the 5-year term is approximately $432,594.  If the lease is renewed for an additional 5-year term, the present value of the opportunity cost for the 5-year lease extension term is approximately $369,942 for a total present value opportunity cost of $802,536 over the ten year period.

Community Space Agency Lease with 2229845 Ontario Inc. at 1751 and 1761 Sheppard Avenue East – (Recommendation 4)

The proposed Community Space Agency Lease with 2229845 Ontario Inc. will provide the City of Toronto with approximately 8,600 square feet of community space (4,300 square feet in each of two buildings - 1751 and 1761 Sheppard Avenue East) for a nominal net rent consideration.  As per the agreement, the City will be responsible for all operating costs associated with the building space provided by the developer/builder.  These costs will be passed along to the subtenant organizations utilizing the space from the City.  All operating costs related to such building occupancy (currently estimated at $172,000 per year based on a rate of $20.00 per square foot) will be paid by the subtenants, resulting in no cost to the City of Toronto.

Sublease Agreements with the Parkway-Forest Agencies (Recommendation 5)

The proposed BMR sublease with these four (4) agencies will cover a total of approximately 8,600 square feet of community agency space for a nominal net rent consideration. The $172,000 per year in estimated operating expenses, including costs of all utilities and services, security, maintenance and cleaning services, will be recovered from the four sub-tenant agencies on a proportionate share basis, resulting in no cost to the City of Toronto.

Research indicates that the present value of the total opportunity cost of the respective subleases at 1751 & 1761 Sheppard Avenue East over the 5-year term is approximately $404,310.

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

The Chief Corporate Officer and General Manager, Parks, Forestry and Recreation recommend that:

1.         City Council authorize a new BMR lease agreement (the “Agreement) with the Club, for a five (5) year term, with the option to renew for one further five (5) year term, substantially based on the terms and conditions set out in the attached Appendix “A”, and any other terms and conditions acceptable to the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

2.         City Council authorize the Chief Corporate Officer to administer and manage the 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 authorize the City Solicitor to document the lease, deliver any notices, 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.

4.         City Council grant an exemption to the BMR Policy to allow the Club to become the tenant at 730 Military Trail without the need to solicit a Request for Proposal as required by the BMR Policy.

5.         City Council resolve that the facility located at 730 Military Trail is for the purpose of the City and for public use.

6.         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 the Club, as tenant, to in respect of the Leased Premises at 730 Military Trail; and

(b)        Exempt the Leased Premises at 730 Military Trail 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.

7.         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.

8.         City Council amend Municipal Code, Chapter 227 [Reserves and Reserve Funds] by changing the purpose and criteria of the existing Tam Heather Reserve Fund - Schedule 14 – State of Good Repair Obligatory Reserve Funds as per Appendix B.

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

The proposed agreement assumes a lease of 56,500 square feet of total space (of which, 30,300 square feet of space is within the building) for a nominal net rent consideration.  All operating costs related to the building occupancy (currently estimated at $362,765 per year) will be paid by the Club, resulting in no cost to the City of Toronto.  The Club shall contribute $30,000 annually towards the balance sheet account (#220252) deficit (the “Existing Deficit”).  After this Existing Deficit of $174,930 (as July 15, 2010) is eliminated, the $30,000 annual contribution shall go towards the Tam Heather Reserve Fund.

The deficit the Club accumulated was due to operating inefficiencies. The Club presented financial statements as part of the Club’s Below Market Rent Eligibility Review Package that indicates they have taken many steps to ensure they will be financially viable. Some of the steps the Club has taken include the following, raising their fees, the installation of a tennis bubble over 4 tennis courts instead of 3 tennis courts which is expected to yield an increase in tennis revenues, the Club has laid off some administration staff and the Club will not fully operate during the summer off peak season. The City will continue to be responsible for the state of good repair to the facility and the Club shall contribute $30,000.00 annually to the Tam Heather Reserve Fund once the deficit is eliminated.

In accordance with the City’s Below Market Rent Policy, the opportunity costs of entering into the Below Market Rent agreement must be determined and reported to City Council.  Research indicates that the total present value opportunity cost of the lease over the 5-year term is approximately $1,100,000 (gross permit fees from ice and court rentals).  If the lease is renewed for an additional 5-year term, the present value opportunity cost for the 5-year lease extension term is approximately $900,000, for a total present value opportunity cost of $2,000,000.00, over the ten year period.  This figure does not take into account the fact that the Club will be responsible for all operating costs related to their leased building as well as the salaries of staff at the site.  These costs would normally be the responsibility of the City of Toronto if this was a City-operated facility.

If the property is declared a Municipal Capital Facility, the Club would no longer be responsible to pay the required property taxes assessed on the leased land.  The City would lose the municipal portion of the property taxes over the term of the lease agreement.  Research indicates that the total present value opportunity cost of the property tax exemption over the 5-year term is approximately $126,000.  If the lease is renewed for an additional 5-year term, the present value opportunity cost of the property tax exemption is approximately $123,000, for a total present value opportunity cost of $249,000 over the ten year period.

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 unsuccessful, to initiate expropriation proceedings, for the Required Property for the purposes of widening Sheppard Avenue East and constructing the Line from west of McCowan Road to the west side of Washburn Way.

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 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 property requirements from west of Birchmount Road to east of McCowan Road to facilitate construction of the Line. In May 2010, City Council authorized staff to acquire a further eleven property requirements between the west side of Kennedy Road and east of McCowan Road.

In June 2010, City Council approved the Scarborough Rapid Transit Conversion and Extension Transit Project Assessment Study recommendations, including an underground station on Sheppard Avenue, west of Progress Avenue to provide for a connection between the Scarborough RT (the “SRT”) and the LRT and for SRT trains to gain access the new Maintenance and Storage Facility located at Conlins Road and Sheppard Avenue.  Accordingly, as part of the LRT construction, Sheppard Avenue East is to be widened between Progress Avenue and Washburn Way to accommodate the LRT and to protect for the future SRT construction and operational requirements.

This report seeks authority to acquire fifty-eight property requirements from the west of McCowan Road to east of Progress Avenue, as identified in Appendix “A1” (the “Required Property”) and illustrated in Appendix “A2”, to facilitate construction of the LRT.  This report also seeks approval to amend the areas of eight previously approved property requirements as identified in Appendix “B1” and illustrated in Appendix “B2”.

Funding for the Required Property is available in the 2010 approved Capital Budget, 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 authorize the Director of Real Estate Services to negotiate to acquire parts of the properties municipally known as 1 Four Winds Drive and 3940 Keele Street, as set out in Appendix "A", in connection with the construction of a portion of the Toronto-York Spadina Subway Extension, and to initiate expropriation proceedings, if necessary.

2.         City Council authorize the Director of Real Estate Services to serve and publish Notices of Application for Approval to Expropriate parts of 1 Four Winds Drive and 3940 Keele Street, to forward any requests for 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 City Council for its consideration.

The City of Toronto is responsible for undertaking property acquisition for its geographical portion of the Toronto-York Spadina Subway Extension Project (the “Project”).  As a result of ongoing design work, TTC has identified further property requirements for the Project. This report seeks authority to acquire parts of 1 Four Winds Drive and 3940 Keele Street, in addition to previously approved requirements at these properties, and to initiate expropriation proceedings if necessary.

Total property acquisition costs for the Project were estimated preliminarily at $125 million (in as spent dollars).  Funding for property acquisition is shared by the Move Ontario Trust (includes $870 million set aside for the purposes of Project funding), and by the City and the Regional Municipality of York. Of the municipal portion of Project funding, 59.96% is attributable to the City and the remainder to York Region.  Funding is available in the Council Approved 2010 Capital Budget and 2011-2019 Capital Plan within the Toronto-York Spadina Subway Extension Capital Project. 

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, “Real Estate Acquisitions – TTC Sheppard East LRT Don Mills Station to Consumers Road” will be on the Supplementary Agenda for the Government Management Committee meeting scheduled for August 12, 2010.

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 and illustrated in Appendix C from 11-15 Kodiak Crescent, 23 Kodiak Crescent, 25-27 Kodiak Crescent,  40 Kodiak Crescent, 42-44 Kodiak Crescent, 1140 Sheppard Avenue West, 1150 Sheppard Avenue West, 1280-1300 Finch Avenue West, 1 Four Winds Drive, 3926-3932 Keele Street, 3940 Keele Street, 44-46 Romfield Drive and 50 Romfield Drive for the purposes identified in Appendix A in connection with the construction 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.

4.         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.

This report seeks approval to expropriate partial interests from thirteen properties as set out in Appendix A and illustrated in Appendix C for the purposes of the Toronto-York Spadina Subway Extension Project (the “Project”) within the geographical boundaries of the City of Toronto.

Total property acquisition costs for the Project were estimated preliminarily at $125 million (in as spent dollars).  Funding for property acquisition is shared by the Move Ontario Trust (includes $870 million set aside for the purposes of Project funding), and by the City and the Regional Municipality of York. Of the municipal portion of Project funding, 59.96% is attributable to the City and the remainder to York Region.  Confidential Attachment 1 to this report identifies the initial appraised values for the properties identified for expropriation. Funding is available in the Council Approved 2010 Capital Budget and 2011-2019 Capital Plan within the Toronto-York Spadina Subway Extension Capital Project. 

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, consider the report of the Inquiry Officer as detailed herein and approve the expropriation of a portion of the property known municipally as  1170 Sheppard Avenue West, for the purpose of constructing the subway tunnels, including an easement for support for and safe operation of the subsurface system, an emergency exit building, a temporary easement for construction and all works ancillary thereto, in connection with the construction of a portion of the Toronto-York Spadina Subway Extension for the reasons outlined herein and based on the recommendations of Gillian M. Burton Inquiry Officer.

2.         City Council authorize payment of $200.00 in costs for the Inquiry to Metropolitan Toronto Condominium Corporation No. 673, which requested and participated in an Inquiry on behalf of the unit owners at 1170 Sheppard Avenue West pursuant to the Condominium Act, in accordance with the provisions of the Expropriations Act.

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

4.         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.

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 to the owners by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

This report provides City Council with a copy of the Inquiry Officer's report on the proposed expropriation and seeks approval from City Council as the approving authority under the Expropriations Act to expropriate a portion of 1170 Sheppard Avenue West for the purposes of the Toronto-York Spadina Subway Extension Project (the “Project”) within the geographical boundaries of the City of Toronto.

Total property acquisition costs for the Project were estimated preliminarily at $125 million (in as spent dollars).  Funding for property acquisition is shared by the Move Ontario Trust (includes $870 million set aside for the purposes of Project funding), and by the City and the Regional Municipality of York. Of the municipal portion of Project funding, 59.96% is attributable to the City and the remainder to York Region. 

Confidential Attachment 1 to this report identifies the initial appraised values for the property interests identified for expropriation. Funding is available in the Council Approved 2010 Capital Budget and 2011-2019 Capital Plan within the Toronto-York Spadina Subway Extension Capital Project. 

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 Properties as set out in Appendix “A” for the purpose of the Project;

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, service of Notices of Expropriation, Notices of Election as to a  Date for Compensation and Notices of Possession;

3.         City Council grant leave to introduce the necessary Bill in Council to give effect thereto; and

4.         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.

In August 2009 and January 2010 City Council authorized the acquisition of portions of two privately owned properties and a portion of the ground lease, either temporarily or permanently (the “Properties”) as set out in Appendix “A”, for the Dufferin Station Modernization Project (the “Project”).

This report seeks approval from City Council as the approving authority under the Expropriations Act to expropriate the Properties in order to proceed with the construction of the necessary components in the Project.

Funding for the expected costs associated with the expropriation of this property are included in the Council approved 2010 Capital Budget and 2011-2019 Capital Plan. Changes in revenues from this lease, due to expropriation, will be accounted for and reported through the 2011 Operating Budget submission for Facilities and Real Estate.

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 as set out in Appendix “A” for the purpose of widening Sheppard Avenue East and constructing a grade separation on Sheppard Avenue East at the Agincourt GO Station;

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, service of Notices of Expropriation, Notices of Election as to a  Date for Compensation and Notices of Possession;

3.         Leave be granted to introduce the necessary Bill in Council to give effect thereto; and

4.         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 subject property by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

In July 2008, City Council approved the recommendations in the Sheppard East Light Rail Transit Environmental Assessment Study for this first Transit City light rail line.  In October 2008 and August 2009, City Council authorized the acquisition of private property, in whole or in part, temporarily or permanently, to widen Sheppard Avenue East and to construct the grade separation at the Agincourt GO station, which is a prerequisite to constructing the Sheppard East Light Rail Transit (the “Line”).

This report seeks approval from City Council as the approving authority under the Expropriations Act to expropriate portions of 4066 Sheppard Avenue East (the “Property”) to widen Sheppard Avenue East and to facilitate construction of the grade separation.

Funding for this project is available in the 2010 Approved Capital Budget in project CTT135.

Confidential Attachment 1 to this report identifies the initial appraised value for the Property.

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 Properties set out in Appendix “A” for construction of the Line and for the widening of Sheppard Avenue East.

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

4.         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.

In July 2008, City Council approved the recommendations in the Sheppard East Light Rail Transit (the “Line”) Environmental Assessment Study for this first Transit City light rail line.  In October 2008 and March 2010, City Council authorized the acquisition of various property interests from west of Birchmount Road to east of McCowan Road for the widening of Sheppard Avenue East to comply with the 36 metre width as set out in the City of Toronto Official Plan and for the construction of a grade separation at the Agincourt GO station.

This report seeks authority to expropriate the property requirements set out Appendix “A” (the “Properties”) and illustrated in Appendix “B” for the purposes of widening Sheppard Avenue East and constructing the Line.

Funding for the Properties identified in Appendix “A” is available in the 2010 approved Capital Budget, 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 and the General Manager of Parks, Forestry and Recreation recommend that:

1.         City Council authorize amendments to a Ground Lease Agreement dated October 29, 2007 (the “Birmingham Lease”) between the City and Toronto District School Board ("TDSB") to enable TDSB to enter into a sublease agreement with Nustadia Recreational Inc. (“NRI”), or a related corporation of NRI to manage and install a football field, an artificial turf (the "Soccer Field") and a removable air supported structure (the "Dome") on land located west of Kipling Ave. and north of Birmingham St., as illustrated in Appendix “A” (the "City Land"), such amendments to be on terms and conditions deemed appropriate by the Chief Corporate Officer, in a form acceptable to the City Solicitor, and conditional upon the General Manager of Toronto Water first approving the location and installation of the Soccer Field and Dome on the City Land and appropriate terms and conditions to ensure timely access by the City to the storm sewers within the site where required for emergency and repair/replacement purposes without liability or cost to the City;

2.         City Council authorize the Chief Corporate Officer to provide consent on behalf of the City as Landlord under the Birmingham Lease to any submission of applications required to be submitted by TDSB or NRI for land use approvals, or such consents as may be required in relation to any existing easement agreements affecting the City Land;

3.         City Council authorize amendments to the Recreational Facilities Agreement between the City of Toronto and TDSB governing the City Land and the adjoining Lakeshore Collegiate, if necessary to accommodate the proposed use, on terms deemed appropriate by the General Manager of Parks, Forestry and Recreation and in a form acceptable to the City Solicitor;

4.         The Chief Corporate Officer and the Director of Real Estate Services be severally authorized to execute the Birmingham Lease amending agreement on behalf of the City, and the General Manager of Parks, Forestry and Recreation be authorized to execute the Recreational Facilities amending agreement on behalf of the City;

5.         The Chief Corporate Officer be authorized to administer and manage the amended Birmingham Lease 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; and

6.         The City Solicitor be authorized to complete the transaction on behalf of the City, including paying any necessary expenses, amending dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

The purpose of this report is to obtain City Council authority to amend a ground lease between the City of Toronto and the Toronto District School Board pertaining to land located west of Kipling Ave. and north of Birmingham St., as illustrated in Appendix “A”. The amendment to the ground lease will enable the Toronto District School Board to enter into a sublease agreement with a private operator to manage, re-configure the site, and install artificial turf and a removable air supported structure that will be located in part on land covered by the ground lease and the remainder on land owned by the School Board. The field will be used for community sport purposes. The private operator and the School Board will be responsible for all costs of construction and installation and will be entitled to retain the revenues derived from the operation of the fields.

This proposal will provide greatly needed year round recreational space for Lakeshore Collegiate, and the community.

NRI and TDSB will be responsible for all costs of construction and installation of a football field, an artificial turf ("Soccer Field") and a removable air supported structure ("Dome") and will be entitled, subject to the City's rights during July and August, to retain all revenues derived from the operation of the fields. 

TDSB will not be charged for its use of the fields, however, TDSB will be responsible for the maintenance of the football field which will eliminate maintenance costs that Parks, Forestry and Recreation Division is currently incurring. 

Any changes in the revenues and expenditures that arise from this agreement will be accounted for and reported through the 2011 Operating Budget submission for Parks, Forestry and Recreation.

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 and Declaration of Surplus – Third Quarter 2010” will be on the Supplementary Agenda for the Government Management Committee meeting scheduled for August 12, 2010.

The purpose of this report is to advise that a staff action report, “Woodgreen Community Services Facility – Proposed Real Estate Transactions” will be on the Supplementary Agenda for the Government Management Committee meeting scheduled for August 12, 2010.

The purpose of this report is to advise that a staff action report, “Leased Space For Toronto Employment and Social Services Requirements” will be on the Supplementary Agenda for the Government Management Committee meeting scheduled for August 12, 2010.

The General Managers of Parks, Forestry and Recreation and Children Services, and the Chief Corporate Officer recommend that:

1.         City Council authorize, the City, as Purchaser, enter into an Amending Agreement with Toronto Community Housing Corporation (TCHC), as Vendor, to amend the Agreement of Purchase and Sale (APS) dated May 28, 2008, for the purchase of the property as described in the APS, currently known as 38/40 Regent Street (the "Property"), substantially on the terms set out in Appendix "B," and that each of the Chief Corporate Officer and the Director of Real Estate Services be authorized to severally execute the Amending Agreement on behalf of the City.

2.         City Council authorize staff to negotiate and enter into three (3) separate Agreements with Regent Park Energy Inc. for a term of twenty-five (25) years each, commencing approximately fall 2010, fall 2011, and fall 2012 for the children and youth hub, aquatic centre, and community centre respectively, for the supply of district thermal energy to the Regent Park Children and Youth Hub located at 30 Regent Street (now known as 38/40 Regent Street), the new Regent Park Aquatic Centre and Community Centre located within Phase 2 of the Regent Park Revitalization area, in a form satisfactory to the General Manager of Children’s Services, the General Manager of Parks, Forestry and Recreation and the City Solicitor, subject to the City becoming the owner of the respective sites.

3.         City Council authorize the increase in the 2010 Capital Budget for Children’s Services by $478,400 to fund the capital costs of implementing the piping required to receive thermal energy from Regent Park Energy Inc. with $244,000 funded by TCHC and $234,400 funded through a loan from Toronto’s Sustainable Energy Plan, Green Energy Fund to be re-paid over a twenty year term at 0% interest.

4.         City Council grant an exemption to the Below-Market Rent (BMR) Policy to allow Regent Park Community Health Centre and Regent Park Focus Youth Media Arts Centre to become tenants at 40 Regent Street without the need to solicit a request for proposals as required by the Below-Market Rent Policy.

5.         City Council authorize a new BMR lease agreement with Regent Park Community Health Centre and a new BMR lease agreement with Regent Park Focus Youth Media Arts Centre, both for a five (5) year term, with a reduction in their additional rent for 2010 by the total amount of $14,503.73 apportioned between the BMR tenants in proportion to the size of their respective leased premises, subject to Council approving such subsidy amount, and based on the terms and conditions set out in Appendix “C”, and other terms and conditions deemed appropriate by the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

6.         City Council authorize amending BMR lease agreements with Regent Park Community Health Centre and Regent Park Focus Youth Media Arts Centre to be entered into any time during the balance of the five year BMR lease terms to reflect any additional subsidies that City Council may decide to give the tenants towards their respective additional rent costs under their leases.

7.         City Council authorize Children's Services to contribute on a one-time only basis $14,503.73 in 2010 from within the 2010 Approved Operating Budget towards increased occupancy costs for Regent Park Community Health Centre and Regent Park Focus Youth Media Arts Centre which resulted from relocation of these organizations to 40 Regent Street.

8.         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.

9.         City Council authorize the City Solicitor to complete the leases, 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.

10.       This report be forwarded to the Executive Committee for consideration at its meeting of August 16th.

The purpose of this report is to request City Council authority to negotiate and enter into various agreements in connection with the Regent Park Revitalization Project.  The first agreement would be three (3) separate twenty-five (25) year agreements with Regent Park Energy Inc., a District Energy System provider, for the supply of community thermal energy (hot and chilled water for space heating and cooling, and for domestic hot water heating) to the new Regent Park Community Centre and Aquatic Centre located within Phase 2 of the Regent Park revitalization area and the Regent Park Children and Youth Hub located at 38/40 Regent Street, subject to the City becoming the owner of the respective sites.  The second request is to complete the acquisition of 38/40 Regent Street (formerly known as Part of 30 Regent Street) in accordance with the additional revised terms and conditions as shown on Appendix “B”; and the third request is to enter into Below-Market Rent lease agreements with Regent Park Community Health Centre and Regent Park Focus Youth Media Arts Centre for portions of 38/40 Regent Street.

The General Manager of Parks, Forestry and Recreation recommends that:

1.         City Council adopt the confidential instructions to staff in Attachment 1 of this report.

2.         City Council authorize the public release of the Confidential Information contained in Attachment 1 upon the adoption of the recommendations contained in this report. 

To provide a report on the acquisition of a portion of the property at 50 St. Joseph Street for park land purposes.  

Funding for the property acquisition in the amount of $600,000 is available in Parkland Acquisition account CPR 115-38-04. Once the acquisition is completed the City will maintain these lands. The additional annual maintenance costs of approximately $17,600 will be submitted for consideration as part of the 2011 Operating Budget submission for Parks Forestry and Recreation.

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

The General Manager of Parks, Forestry and Recreation recommends that:

1.         City Council authorize a License Agreement with the Toronto and Region Conservation Authority, for a ten (10) year term, substantially based on the terms and conditions set out in the attached Appendix ‘A’, and such other terms and conditions as are acceptable to the General Manager of Parks, Forestry and Recreation, and in a form acceptable to the City Solicitor; and

2.         City Council authorize the General Manager of Parks, Forestry and Recreation to administer and manage the Licence Agreement including the provision of any consents, approvals, notices and notices of termination provided that the General Manager 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 City Council authority to enter into a Licence Agreement with the Toronto and Region Conservation Authority (TRCA) to operate and maintain the Glen Rouge Campground located at 7450 Kingston Road.

There are no financial impacts resulting from the recommendations in this report.  As part of the 2010 Operating Budget Process, a Service Level Reduction was approved and implemented for the Glen Rouge Campground that resulted in a net operating budget reduction of $29,476 (gross of $116,166 and revenue of $86,690) for 2010, and a net operating budget reduction of $88,427 (gross of $348,498 and revenue of $260,071) for 2011.

The licence fee will be two dollars ($2.00) for the duration of the term.

Under this licence agreement, TRCA will be responsible for all operating costs, including utilities and taxes.  This agreement will not result in any net financial impacts to the TRCA that would need to be added through the 2011 Operating Budget process.    

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

This is to advise that the above-noted action report will be submitted to the Government Management Committee at its meeting on August 12, 2010.

The Director of the Toronto Environment Office recommends that:

1.         The Director of the Toronto Environment Office, in conjunction with the General Managers of Children’s Services, Long Term Care Homes and Services, Shelter, Support and Housing Administration (Hostel Services), Real Estate Services and Parks, Forestry and Recreation, report back in Spring 2011 to the Government Management Committee (or its successor committee) on the results of a consultant’s report on strategies to achieve a 50% local food target in the City’s provision of food services.

This report is submitted to Government Management Committee to provide the Committee with: (i) a progress update on the City’s local food procurement program; and (ii) a status report on staff’s response to the direction from the Government Management Committee to formulate strategies to achieve a 50% local food target for corporate food service operations.

Ongoing research into the food service industry in Ontario and our efforts to date have highlighted that achieving a 50% local food purchasing target for City-owned facilities or purchased for City operations from local sources is challenging given the current state of Provincial regulations, the lack of necessary food processing infrastructure in Ontario and the nature of the food service industry in general. To address these issues, City staff are embarking on a Request for Proposals (“RFP”) process to attain the services of a consultant to undertake a study that identifies ways to increase the amount of locally grown food being served to clients in City facilities over and above the work that has been completed to date.

Divisions engaged by the local food procurement policy are committed to moving forward with increases of local food in their operations within approved budgets and subject to the City’s financial targets.

There are no immediate financial impacts arising from the adoption of the recommendation in this report. 

The engagement of a consultant through an RFP process to identify strategies to achieve a 50% local food procurement target will be accommodated within the approved Base Budget for 2010 for the Toronto Environment Office.

The consultant’s report will identify estimated costs associated with the strategies that are identified.  A follow-up staff report will discuss the findings of the consultant’s report, including financial implications.

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

The Deputy City Manager and Chief Financial Officer recommends that:

1.         City Council authority be granted to staff to extend the agreement with the Personal Insurance Company to provide interested City employees of City Divisions, Agencies, Boards, Commissions and Elected Officials with a Group Property and Automobile Insurance Program for an 8 month period, to expire on March 31, 2011.

2.         City Council authority be granted to staff to amend the agreement with The Personal Insurance Company to extend the same terms and conditions for a further 8 month period, from July 31, 2010 to expire on March 31, 2011.

The City's agreement with The Personal Insurance Company to provide interested City employees and elected officials with a Group Property and Automobile Insurance Program expires on July 31, 2010.  This report recommends that Council authorize extending the agreement until March 31, 2011 to allow sufficient time for staff to conduct a formal Request for Proposals and report the results to Council following the October 25, 2010 municipal election.

Council's adoption of this report will extend the City's existing agreement with The Personal Insurance Company, from July 31, 2010 to March 31, 2011 at no cost to the City.

There will be no financial implications arising from this report.

The Director of Strategic Communications and the Director of Purchasing and Materials Management recommend that Government Management Committee grant authority to:

1.         Amend Contract 47012431 with the Toronto Star for print and electronic advertising to publish all of the City's statutory advertising by an additional amount of $763,000.00 inclusive of HST Recoveries ($750,000.00 net of all applicable taxes), revising the current contract value from $2,000,000.00 to $2,750,000.00 net of all applicable taxes.

The purpose of this report is to request authority to amend Contract 47012431, for a printing and electronic advertising supplier to publish all of the City's statutory advertising.  The total amendment request is $763,000.00 inclusive of HST Recoveries, revising the current contract value from $2,000,000.00 to $2,750,000.00 net of all applicable taxes for the period ending November 30, 2010. Advertising is required to fulfill Council directed programs and is placed on the basis of previously approved program budgets. The increase is required to continue to pay for the services without delay or interruptions.  A new Request for Quotation (RFQ) will be issued in the summer of 2010 for the services starting December 1, 2010.

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

Funding for advertising is included in various City division budgets. Strategic Communications places advertising on behalf of programs and manages the contracts and payments for these advertisements. Before placing the ads, each division must confirm they have the approved funds in their budgets to pay for the ads placed. Strategic Communications merely facilitates the placement and payment process for them.

Total expenditures for advertising City-wide were $730,837 in 2009. Increasing the total contract will result in an amount of up to $1,063,157 for advertising in 2010, depending on funds being available in the various 2010 Approved City Operating Budgets.

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

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 $1,928,065.38 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 $220,721.85 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 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 financial impact of approving the individual tax appeal applications (excluding phase-in/capping adjustments), as identified in the attached Appendices A and B, is summarized in Table 1 below: 

Table 1: Tax Appeals Summary

The City’s share of $1,387,126.14 will be funded from the 2010 Tax Deficiency Account (Non-Program Budget).  The education share of $755,497.13 will be recovered from the province/school boards, and the Business Improvement Area (BIA) reductions of $6,163.96 will be funded from the respective BIA provision. 

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

The Government Management Committee on April 28, 2010, during its consideration of a report (April 14, 2010)  from the Treasurer, titled "Cancellation, Reduction or Refund of Property Taxes -April 28, 2010 Hearing", (Item GM30.1), amongst other things, deferred consideration of applications for the following properties located on Kingston Road, until the meeting of the Government Management Committee to be held in August, 2010:

3640 Kingston Road

3646 Kingston Road

3650 Kingston Road

The Treasurer recommends that:

1.         Council exempt from taxation for municipal purposes the property owned and occupied by Luso Canadian Charitable Society, formerly Society of Portuguese Disabled Persons Building Fund, at 2295 St. Clair Avenue West (the "Premises"), beginning January 1, 2010 provided the following conditions are met:

a.         the Premises are occupied and used solely for the purposes of a centre for people living with physical or developmental disabilities operated by the Society;

b.         the Society is the registered owner of the Premises; and

c.         the Society is a registered charity within the meaning of the Income Tax Act (Canada).

2.         Council cancel taxes for municipal purposes, including interest and penalties, for the period from June 7, 2007 to December 31, 2009 inclusive for the Premises.

3.         The City Clerk notify the Minister of Finance of Council's actions with respect to the recommended exemption and cancellation of taxes for the Premises, for the purposes of ensuring that the exemptions and cancellations in respect of school taxes permitted by the Luso Canadian Charitable Society Act (Tax Relief), 2010 are implemented.

4.         Authority be granted for the introduction of the necessary bill to give effect thereto.

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

This report seeks Council authority to adopt the necessary by-laws to exempt the land and building owned and occupied by Luso Canadian Charitable Society ("the Society") from taxation for municipal purposes, beginning January 1, 2010 and to cancel taxes for municipal purposes, including interest and penalty for the period from June 7, 2007 to December 31, 2009.

The authority for the property tax exemption/cancellation for the premises owned and occupied by Luso Canadian Charitable Society at 2295 St. Clair Avenue West is provided under the Luso Canadian Charitable Society Act (Tax Relief), 2010, a private statute which allows the City to pass by-law(s) providing for the property tax exemption/cancellation.  Once by-law(s) are passed, the statute provides that the provincial education portion of taxes will also be made exempt or cancelled.

The net effect of providing a property tax exemption of the property owned and occupied by Luso Canadian Charitable Society at 2295 St. Clair Avenue West will be a reduction in annual property tax revenue of approximately $6,804 per year beginning in 2010, representing the municipal portion of taxes that are levied against the premises.  The estimate is based on 2010 assessment and tax rates.  The education portion of taxes, once exempt, will no longer be required to be levied nor submitted to the Province/school boards.

Additionally, the property tax cancellation for the period from June 7, 2007 ending December 31, 2009 would result in a cancellation of $22,432 in total, of which the City would be responsible for $15,693, representing the outstanding municipal taxes ($15,682) and interest and penalty charges ($11), which would be charged to the City’s Non-Program Tax Deficiency account.  The remaining $6,739, representing the education portion of the levy, would be fully recovered from the school boards/Province, with no net impact.  The amounts to be cancelled are summarized in Table 1 below.

Table 1

Amounts of Property Tax Exemption and Property Tax Cancellation

(Luso Canadian Charitable Society – 2295 St. Clair Avenue West – as at July 1, 2010)

1. City Portion = Municipal Taxes + Interest and Penalty Accrued
2. June 7 to December 31, 2007 (208 days)

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

The Treasurer recommends that:

1.         This report be received for information.

To provide information on property tax accounts with outstanding receivables of $500,000 or more as at June 30, 2010.

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 informs the Government Management Committee of sole source purchasing activity in 2009 including sole source purchases awarded by Council, sole source purchases processed by the Purchasing and Material Management Division (PMMD), and sole source purchases processed by Divisions through divisional purchase orders (DPO’s).

There are no financial implications to the City of Toronto as a result of this report.

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

At its meeting held on June 17, 2010 Government Management Committee deferred consideration of the report (May 26, 2010) from the Treasurer titled "2009 Annual Report on Sole Source Purchasing Activity" to its August 12th, 2010 meeting in order to allow for discussion.

It has recently come to our attention that certain information pertaining to the 2008 and 2009 sole source purchases for the Ombudsman's Office was coded incorrectly, and as such inaccurately presented in the Treasurer's report. I have consulted with the City Clerk and the errors have been adjusted.

The following summarizes the errors identified:

-           Of the forty-four (44) 2009 sole source purchases for the Office of the Ombudsman listed on page 15 of Attachment 3 of the Treasurer's report dated May 26, 2010:

-           Fourteen (14) were not sole source purchases and should not have been coded as such;

-           One (1) was issued but the purchase was never made and has been cancelled;

-           The reason codes for two (2) of the purchases was incorrectly entered as "Time Constraint", the correct reason codes are:

-           "Bridging Contract" for one (1) of the purchases;

-           "Special Services" for one (1) of the purchases

-           The reason codes for twenty-five (25) of the purchases was incorrectly entered as "Emergency"; the correct reason codes are:

-           "Time Constraint" for six (6) of the purchases;

-           "Specialized Services" for ten (10) of the purchases;

-           "Match Existing Equipment/Services" for six (6);

-           "Bridging Contract" for one (1)

-           "Proprietary/Trademark/Patent" for two (2)

Similarly, 2008 data was also coded incorrectly and the following summarizes the errors identified in the 2008 data:

-           Of the twelve (12) 2008 sole source purchases for the Office of the Ombudsman listed on page 15 of Attachment 3 of the Treasurer's Report dated May 26, 2010:

-           Five (5) were not sole source purchases and should not have been coded as such;

-           The reason codes for seven (7) of the purchases were incorrectly entered as "Emergency"; the correct reason codes are:

-           "Time Constraint" for four (4) of the purchases;

-           "Other Reason" for two (2) of the purchases (for one of the purchases previous research indicated that the supplier was the most cost-effective provider of the equipment; for the other purchase involving the services of an independent legal counsel, obtaining competitive bids was not part of the requirement to acquire legal advice); and,

-           "Specialized Services" for one (1) of the purchases.

In order to correct the public report, please find attached the following revised pages reflecting accurate information on sole source purchases for the Ombudsman's Office:

a.         revised pages 5, 7 and 8 of the staff report; and

b.         a revised page 15 for Attachment 3.

The Deputy City Manager and Chief Financial Officer recommends that:

1.         City Council grant authority to award sole source contract to Bloomberg at a cost not to exceed $264,448 (in U.S. dollars) plus applicable taxes over the four year period (two consecutive 2 years renewable leasing agreements) from January 4, 2011 to January 4, 2015, subject to Operating Budget approval.

The purpose of this report is to seek Council authority to award a sole source contract to Bloomberg for leasing proprietary software, data services and computer terminals.  The maximum staff authority limit of $500,000 net of all taxes has almost been reached through previous sole source spending allowed under staff authority, as per the Toronto Municipal Code, Chapter 71- Financial Control, Section 71-11.

The leasing agreement with Bloomberg covers equipment for three computer terminals and provides an all-in platform for communications, analytical and information services that are integrated with the global financial markets. These services are essential tools for gathering and analyzing information as well as making decisions for investment selection, portfolio management and debt issuance.  Only this vendor can provide these services due to proprietary reasons.  Sole source requests have been prepared for every other year since 1996.

Since services from Bloomberg are expected to be required for the foreseeable future, Corporate Finance and Purchasing and Materials Management Divisions recommend a four year approval (two consecutive 2-years renewable leasing agreements), for the period of January 4, 2011 to January 4, 2015.

The following is a breakdown of funding totalling the following amounts (in USD)* which are required in each year:

    *plus applicable tax

The potential increase for the consecutive two-year periods, 2011-12 and 2013-14, is forecasted to be no more than 10% per each two-year period.

The City receives fair pricing from Bloomberg as its pricing structure is the same for all clients regardless of sectors or volume.

The requested amounts for 2011, 2012, 2013 and 2014 are estimated and represent "not to exceed" amounts over the four year period for the purposes of obtaining approval to enter the contracts with Bloomberg and will be subject to Operating Budget approval in each 2-year period. The amounts are based on the current requirements, potential future requirements and estimated inflationary increases.

The Deputy City Manager and Chief Financial Officer recommends that:

1.         Council grant authority to award a sole source contract to Moody's at a cost not to exceed $353,783 plus applicable taxes if all three option years are exercised for a period from January 1, 2011 to December 31, 2014. The option to extend three (3) additional one (1) year term periods at the sole discretion of the City and subject to budget approval.

2.         The Deputy City Manager and Chief Financial Officer instruct the Director, Purchasing and Materials Management to process the necessary contract renewals under the same terms and conditions, should the option(s) be exercised.

The purpose of this report is to seek City Council authority to award a sole source contract to Moody's Investor Service for credit rating.  The maximum limit of $500,000 net of all taxes has almost been reached through previous sole source spending allowed under staff authority, as per the Toronto Municipal Code, Chapter 71- Financial Control, Section 71-11.

One or more credit ratings assigned by well-recognized credit rating agencies are a required precondition for the purchase of debentures by most institutional investors.  Moody's is one of the three acceptable credit rating agencies for many investors of City debentures that are recognized in Canada and the U.S. 

The City requires rating services and credit reviews provided by all three credit rating agencies to ensure the most cost-efficient distribution of its debt.  Moody's annual financial review and credit rating of the City contributes to the City's ability to raise capital in the fixed-income market at a favourable cost.

Since services from Moody's are expected to be required for the foreseeable future, Corporate Finance and Purchasing and Materials Management Division are recommending a four year approval for a period from January 1, 2011 to December 31, 2011 and include three (3) additional one (1) year term periods.  The option to renew for the three one-year periods will be based on the review of Moody's performance level over the prior year and the availability of funds in the City's operating budget for the renewal term.  The City will not be under any obligation to exercise a renewal option.

The following is a breakdown of funding totalling the following amounts* which are required in each year:

*plus applicable tax

The potential increase for the four one-year period is conservatively forecasted to be no more than 10% per every year.

The City has confirmed that it receives fair pricing from Moody's as its credit rating fee is comparable to the pricing provided for other Canadian local government issuers with similar credit characteristics.

The requested amounts for 2011 to 2014 inclusive are estimated and represent "not to exceed" amounts over the four year period for the purposes of obtaining approval to enter the contracts with Moody's and will be subject to Operating Budget approval in each year. The amounts are based upon current and potential future requirements as well as estimated inflationary increases.

The Deputy City Manager and Chief Financial Officer recommends that:

1.         City Council authority be granted to staff to extend the agreements with eight external legal firms to provide insurance claim defence for a further 3 month period, from December 31, 2010 to expire on March 31, 2011.

2.         City Council authority be granted to staff to amend each of the existing eight agreements with external legal firms to extend the same terms, conditions and fee structures for a further 3 month period, from December 31, 2010 to expire on March 31, 2011.

The City's agreements with external legal firms to supplement the work of the City’s Legal Services for the defence of insurance claims expire on December 31, 2010. This report recommends that Council authorize extending the agreements until March 31, 2011 to allow sufficient time for staff to conduct a formal Request for Proposals and report the results to Council following the October 25, 2010 municipal election.

There are no immediate funding implications relating to this report.  Costs of insurance claim defences are ultimately reflected in corporate insurance charges to divisions and applicable agencies, boards and commissions.

This report provides information on Council’s request to review all charges related to the payment of parking fines with a view to phasing out fees for parking ticket payments over a three-year period.  User fees are currently charged for parking ticket payments that are made through the City’s website ($1.50 per transaction) or via telephone through the City’s Interactive Voice Response (IVR) system ($2.00 per transaction).

Phasing out user fees for parking ticket payments will require the identification of alternate revenue sources to make up the loss in fee revenue of approximately $1.6 million annually.

User fees for parking ticket payments currently generate approximately $1.6 million in user fee revenue annually.  Although this report carries no immediate financial implications for the approved operating budget for 2010, the phasing out of fees for parking ticket payments over a three-year period, as directed by Council, will result in a loss of fee revenue in 2011 and/or 2012 and beyond, depending on how and when these fees are phased out, unless alternate revenue sources or operational savings are identified to make up for these losses.

Currently, revenue from fees for parking ticket payments is used to offset a portion of Revenue Services’ total operating costs for parking ticket operations which is recovered from the Non-Program revenue budget (parking ticket revenues).  Any net decrease in user fee revenue, therefore, will result in an operating budget pressure for that year.  

Alternate revenue sources may be identified to offset the loss in fee revenue (e.g., higher parking ticket fines, or user fees for other services).  These would have to be phased in at the same time as fees for parking ticket payments are being phased out.  However, unless the combined total revenue from such alternate sources matches or exceeds the total revenue currently derived from user fees, there will be a net reduction in total Non-Program revenues from parking tickets.

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

This report is to inform the Committee and Council on the consulting services expenditure of City Divisions and major Agencies, Boards and Commissions (ABCs) for the year ended December 31, 2009.  It contains a summary and details, by category and vendor, of the Operating and Capital consulting services expenditure for 2009, with 2008 comparative.

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 City Manager recommends that:

1.         This report be received for information.

This report provides clarification on the fair wage issue for night shift cleaning services at Union Station.

There is no financial impact.

This report provides an overview of the activities of the Fair Wage Office for 2009.

There are no financial implications from this report.

The City Solicitor recommends that:

1.         City Council confirm and approve the previously authorized lease arrangements for the Prison Chapel building situated in the King Liberty Central Park to the owner/subdivider of the Inglis Lands providing for the entering into lease or easement agreements, as appropriate, in respect of the lands shown as Parts 1, 2, 3, 4, 5, 6, 7, and 10 on the plan attached as Attachment 1 and are to be substantially on the terms set out in Attachment 2 and such other terms as may be satisfactory to the General Manager of Parks, Forestry and Recreation, in a form satisfactory to the City Solicitor.

The Plan of Subdivision for the King-Liberty lands generally located west of Strachan Avenue and south of King Street West provides for the creation of a .42 ha City park located on East Liberty Street.  The park land has now been conveyed to the City and the park improvements are progressing in accordance with the terms of the registered subdivision agreement.  The outstanding conveyancing matter involves the lease-back of the historically designated Prison Chapel building located in the south east quadrant of the park to the owner/subdivider of the Inglis Lands contemplated in previous agreements and reports related to planning matters completed in respect of the development.  This report is to confirm the terms of the lease, including the extent of the lands to be included in the lease.

The Recommendation contained in this Report will have no financial impact.