City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council approve a transaction between the Toronto Parking Authority (TPA) and MUC Properties Inc. (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 the report (July 26, 2010) from the President, Toronto Parking Authority, and detailed in Appendix A of the report.

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 Government Management Committee recommends 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 the report (July 26, 2010) from the President, Toronto Parking Authority, and detailed in Appendix A of the report.

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.

City Council on August 25, 26 and 27, 2010, adopted the following:

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 the report (July 28, 2010) from the Chief Corporate Officer, 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 the report (July 28, 2010) from the Chief Corporate Officer, 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 Government Management Committee 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 the report (July 28, 2010) from the Chief Corporate Officer, 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 the report (July 28, 2010) from the Chief Corporate Officer, 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.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council exempt the agreement of purchase and sale for the Property and required ancillary agreements (APS) with the Ontario Realty Corporation (ORC) from the City’s policy on unsolicited proposals and authorize the APS generally on the terms set out in Confidential Attachment 1 to the report (August 19, 2010) from the Chief Corporate Officer, and on such other terms as are acceptable to the Chief Corporate Officer, in form satisfactory to the City Solicitor.

2.         City Council authorize the public release of the confidential information and recommendations in Confidential Attachment 1 to the report (August 19, 2010) from the Chief Corporate Officer, if the sale of the Property to ORC is completed. 

3.         City Council authorize the arrangements, to be set out in the APS, to engage ORC, on a sole-source basis, to provide the services (at no cost to the City) necessary to manage, in compliance with the City’s procurement policies and requirements, the procurement processes necessary for the hiring of consultants and contractors to perform remediation and servicing work on the Property and surrounding City-owned lands.

4.         City Council rescind Recommendation 3 of EX2.10 as approved on February 5, 6, 7, and 8, 2007, regarding the allocation of sale proceeds from the Westwood lands, so that the terms of the APS may be implemented.

5.         City Council grant authority severally to each of the Chief Corporate Officer and the Director of Real Estate Services to execute the APS on behalf of the City.

6.         City Council grant authority to fund the City’s outstanding expenses related to closing of the sale of the Property to ORC from the Approved Operating Budget of Facilities and Real Estate in 2012, as necessary and, once these expenses are known, to transfer the funding for these expenses from the Land Acquisition Reserve Fund (LARF), with appropriate adjustments to F&RE’s Approved Operating Budgets, as necessary, through subsequent Quarterly Variance Reports.

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

8.         City Council approve, as the approving authority under the provisions of the Expropriations Act, the transfer to ORC of any portion of the Property that was acquired by expropriation without giving the original owner from whom the property was expropriated the first chance to repurchase the property

Confidential Attachment 1 to the report (August 19, 2010) from the Chief Corporate Officer remains confidential in its entirety, at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it contains information related to a proposed or pending land transaction by the City.    The confidential information and recommendations will be released if the sale of the property to the Ontario Realty Corporation is completed.

The Government Management Committee submits this item to Council without recommendation.

The Government Management Committee requested the Chief Corporate Office to report directly to Council on the sale of a portion of Westwood Lands.

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.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council authorize the Director of Real Estate to negotiate to acquire the Properties as set out in Appendix “A” of the report (July 28, 2010) from the Chief Corporate Officer, 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” of the report (July 28, 2010) from the Chief Corporate Officer, to forward any requests for hearing that are received to the Chief Inquiry Officer, to attend the hearings in order to present the City’s position, and to report the Inquiry Officer’s recommendations to City Council for its consideration. 

The Government Management Committee recommends that:

1.         City Council authorize the Director of Real Estate to negotiate to acquire the Properties as set out in Appendix “A” of the report (July 28, 2010) from the Chief Corporate Officer, 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” of the report (July 28, 2010) from the Chief Corporate Officer, to forward any requests for hearing that are received to the Chief Inquiry Officer, to attend the hearings in order to present the City’s position, and to report the 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.

City Council on August 25, 26 and 27, 2010, adopted the following:

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" of the report (July 27, 2010) from the Chief Corporate Officer, and substantially on the terms and conditions as set out in Appendix “B” attached to the report (July 27, 2010) from the Chief Corporate Officer, and on such other terms and conditions as approved by the Chief Corporate Officer, or his or her designate, and in a form 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 Government Management Committee 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" of the report (July 27, 2010) from the Chief Corporate Officer, and substantially on the terms and conditions as set out in Appendix “B” attached to the report (July 27, 2010) from the Chief Corporate Officer, and on such other terms and conditions as approved by the Chief Corporate Officer, or his or her designate, and in a form 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 Government Management Committee requested the Deputy City Manager and Chief Financial Officer to review the process of requiring city divisions to pay Payment-In-Lieu of Taxes with respect to License Agreements for use of hydro corridors with a view of identifying opportunities to streamline the overall process and remove barriers to their use.

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.

City Council on August 25, 26 and 27, 2010, adopted the following:

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”, of the report (July 27, 2010) from the Chief Corporate Officer, 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” of the report (July 27, 2010) from the Chief Corporate Officer, 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” of the report (July 27, 2010) from the Chief Corporate Officer, 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 Government Management Committee 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”, of the report (July 27, 2010) from the Chief Corporate Officer, 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” of the report (July 27, 2010) from the Chief Corporate Officer, 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” of the report (July 27, 2010) from the Chief Corporate Officer, 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.

City Council on August 25, 26 and 27, 2010, adopted the following:

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” to the report (July 27, 2010) from the Chief Corporate Officer, 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 Government Management Committee submits this item to Council without recommendation, as all motions lost on a tie vote.

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 Government Management Committee submits this item to Council without recommendation, as all motions lost on a tie vote.

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.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council authorize a new Below Market Rent (BMR) lease agreement (the “Agreement) with the Tam Heather Curling and Tennis 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” of the joint report (August 4, 2010) from the Chief Corporate Officer and General Manager, Parks, Forestry and Recreation, 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 of the joint report (August 4, 2010) from the Chief Corporate Officer and General Manager, Parks, Forestry and Recreation.

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

The Government Management Committee recommends 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” of the joint report (August 4, 2010) from the Chief Corporate Officer and General Manager, Parks, Forestry and Recreation, 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 of the joint report (August 4, 2010) from the Chief Corporate Officer and General Manager, Parks, Forestry and Recreation.

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

City Council on August 25, 26 and 27, 2010, adopted the following:

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 the report (July 29, 2010) from the Chief Corporate Officer, for which authority to initiate expropriation proceedings were previously approved by Council.

The Government Management Committee 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 the report (July 29, 2010) from the Chief Corporate Officer, 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”.

City Council on August 25, 26 and 27, 2010, adopted the following:

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" of the report (July 27, 2010) from the Chief Corporate Officer, 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 Government Management Committee 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" of the report (July 27, 2010) from the Chief Corporate Officer, 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.

City Council on August 25, 26 and 27, 2010, adopted the following:

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 between the Don Mills Station and Consumers 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.

The Government Management Committee 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 between the Don Mills Station and Consumers 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.

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.

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

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council, as Approving Authority under the Expropriations Act, approve the expropriation of the property interests set out in Appendix A of the report (July 27, 2010) from the Chief Corporate Officer and illustrated in Appendix C of the report, 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 of the report (July 27, 2010) from the Chief Corporate Officer, once there has been a final determination of the compensation payable to the owners by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

Confidential Attachment 1 to the report (July 27, 2010) from the Chief Corporate Officer remains confidential in its entirety, at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to a proposed or pending land acquisition by the City or one of its agencies, boards, and commissions and deals with litigation or potential litigation that affects the City or one of its agencies, boards, and commissions.  The confidential information will be released 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.

The Government Management Committee recommends that:

1.         City Council, as Approving Authority under the Expropriations Act, approve the expropriation of the property interests set out in Appendix A of the report (July 27, 2010) from the Chief Corporate Officer and illustrated in Appendix C of the report, 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 of the report (July 27, 2010) from the Chief Corporate Officer, once there has been a final determination of the compensation payable to the owners by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

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.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council, as approving authority under the Expropriations Act, consider the report of the Inquiry Officer as detailed in the report (July 27, 2010) from the Chief Corporate Officer 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 of the report (July 27, 2010) from the Chief Corporate Officer, once there has been a final determination of the compensation payable to the owners by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

Confidential Attachment 1 to the report (July 27, 2010) from the Chief Corporate Officer remains confidential in its entirety, at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to a proposed or pending land acquisition by the City or one of its agencies, boards, and commissions and deals with litigation or potential litigation that affects the City or one of its agencies, boards, and commissions.  The confidential information will be released 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.

The Government Management Committee recommends that:

1.         City Council, as approving authority under the Expropriations Act, consider the report of the Inquiry Officer as detailed in the report (July 27, 2010) from the Chief Corporate Officer 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 of the report (July 27, 2010) from the Chief Corporate Officer, once there has been a final determination of the compensation payable to the owners by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

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.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council, as approving authority under the Expropriations Act, approve the expropriation of the Properties as set out in Appendix “A” of the report (July 29, 2010) from the Chief Corporate Officer 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.

4.         City Council authorize the public release of the confidential information contained in Attachment 1 of the report (July 29, 2010) from the Chief Corporate Officer, 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.

Confidential Attachment 1 to the report (July 29, 2010) from the Chief Corporate Officer remains confidential in its entirety, at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to a proposed or pending land acquisition by the City or one of its agencies, boards, and commissions.  The confidential information will be released 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.

The Government Management Committee recommends that:

1.         City Council, as approving authority under the Expropriations Act, approve the expropriation of the Properties as set out in Appendix “A” of the report (July 29, 2010) from the Chief Corporate Officer 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 of the report (July 29, 2010) from the Chief Corporate Officer, 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.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council, as approving authority under the Expropriations Act, approve the expropriation of the Property as set out in Appendix “A” of the report (July 29, 2010) from the Chief Corporate Officer, 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.

4.         City Council authorize the public release of the confidential information contained in Attachment 1 of the report (July 29, 2010) from the Chief Corporate Officer, 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.

Confidential Attachment 1 to the report (July 29, 2010) from the Chief Corporate Officer remains confidential in its entirety, at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to a proposed or pending land acquisition by the City or one of its agencies, boards, and commissions and deals with litigation or potential litigation that affects the City or one of its agencies, boards, and commissions.  The confidential information will be released 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.

The Government Management Committee recommends that:

1.         City Council, as approving authority under the Expropriations Act, approve the expropriation of the Property as set out in Appendix “A” of the report (July 29, 2010) from the Chief Corporate Officer, 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 of the report (July 29, 2010) from the Chief Corporate Officer, 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.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council, as approving authority under the Expropriations Act, approve the expropriation of the Properties set out in Appendix “A” of the report (July 29, 2010) from the Chief Corporate Officer 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 of the report (July 29, 2010) from the Chief Corporate Officer, 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.

Confidential Attachment 1 to the report (July 29, 2010) from the Chief Corporate Officer remains confidential in its entirety, at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to a proposed or pending land acquisition by the City or one of its agencies, boards, and commissions.  The confidential information will be released 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.

The Government Management Committee recommends that:

1.         City Council, as approving authority under the Expropriations Act, approve the expropriation of the Properties set out in Appendix “A” of the report (July 29, 2010) from the Chief Corporate Officerfor 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 of the report (July 29, 2010) from the Chief Corporate Officer, 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.

City Council on August 25, 26 and 27, 2010, adopted the following:

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” of the joint report (July 28, 2010) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation (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.         City Council severally authorize the Chief Corporate Officer and the Director of Real Estate Services 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.         City Council authorize the Chief Corporate Officer 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.

6.         City Council authorize the City Solicitor 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 Government Management Committee recommends 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” of the joint report (July 28, 2010) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation (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.

By its adoption of EX32.5, as amended, on May 25, 26, and 27, 2009, City Council, among other matters, declared sixteen properties surplus, with the intended method of disposal to be by way of a transfer to Build Toronto Inc. (Build Toronto).  Those properties included 3326 Bloor Street West and part of 1226 Islington Avenue, and 4050 Yonge Street.  In addition, the Chief Corporate Officer, by his delegated authority, has declared surplus for transfer to Build Toronto the lands located at the southwest corner of Eglinton Avenue East and Don Mills Road.

This report recommends the terms on which three of these surplus properties, the southwest corner of Eglinton Avenue East and Don Mills Road, 3326 Bloor Street West and part of 1226 Islington Avenue, and 4050 Yonge Street, are to be transferred to Build Toronto.

This report further recommends that an additional property, 253 Markham Road/12 Dunelm Street, be declared surplus for the purposes of transfer to Build Toronto.

Councillor Brian Ashton submitting a letter respecting identified properties declared as surplus to City requirements and transfer to Build Toronto for disposal.

On March 31 and April 1, 2010, City Council adopted the recommendations in Item EX41.5 of the Executive Committee regarding the reconfiguration of the block bounded by Danforth Avenue, Coxwell Avenue, Rhodes Avenue and the public lane to the south (the “Identified Block”), where the majority of the lands is within Woodgreen Community Services under its affiliated company Woodgreen Settlement Corporation (collectively referred herein as “WCS”) and City ownership, in order to facilitate the establishment of a site for the proposed new Woodgreen Community Services head office and services facility.

This report seeks authority to enter into a Memorandum of Understanding (“MOU”) between the City, Toronto Parking Authority (“TPA”) and WCS regarding the proposed real estate transactions to implement the proposed reconfiguration of the Identified Block and development of the new WCS facility.  The Preliminary MOU is attached as Appendix “A” to this report.  Staff is recommending to City Council the approval of the MOU, substantially on the terms and conditions as contained in Appendix “A”.

This report also seeks authority with respect to financial adjustments between the City and the TPA arising from the City’s role in facilitating the proposed new WCS facility and the acquisition of the First Parliament Site.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council authorize the Chief Corporate Officer, in consultation with the General Manager of Toronto Employment and Social Services (TESS), to pursue the real estate strategy as outlined in the recommendations contained in Confidential Attachment 1 of the report (August 12, 2010) from the Chief Corporate Officer.

2.         City Council authorize the public release of the confidential information contained in Attachment 1 of the report (August 9, 2010) from the Chief Corporate Officer, upon the execution of the lease agreements.

Confidential Attachment 1 to the report (August 9, 2010) from the Chief Corporate Officer remains confidential in its entirety, at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to the security of the property of the municipality or local board.  The confidential information will be released upon the execution of the lease agreements.

The Government Management Committee recommends that:

1.         City Council authorize the Chief Corporate Officer, in consultation with the General Manager of Toronto Employment and Social Services (TESS), to pursue the real estate strategy as outlined in the recommendations contained in Confidential Attachment 1 of the report (August 12, 2010) from the Chief Corporate Officer.

2.         City Council authorize the public release of the confidential information contained in Attachment 1 of the report (August 9, 2010) from the Chief Corporate Officer, upon the execution of the lease agreements.

This report seeks Council approval to enter into agreements to support a real estate strategy for space to accommodate service capacity for Toronto Employment and Social Services.  The lease of this space will result in significant cost savings and enable Toronto Employment and Social Services to accommodate required client services.

The Government Management Committee recommends that:

1.         City Council adopt the confidential instructions to staff in Attachment 1 of the report (July 30, 2010) from the Chief Corporate Officer.

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.  

City Council on August 25, 26 and 27, 2010, adopted the following:

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’ of the report (July 23, 2010) from the Chief Corporate Officer, 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.

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 Government Management Committee 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’ of the report (July 23, 2010) from the Chief Corporate Officer, 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.

In 2007, the Joy Oil Station, a Heritage Property, was relocated into Sir Casimir Gzowski Park. In the new location adjacent to Lakeshore Blvd., the Joy Oil Station is one of an ensemble of heritage buildings in the Western Beaches along with Sunnyside Pavilion and the Palais Royale. Since its relocation, the Joy Oil Station has remained fenced off from the public and the interior has not been renovated. It is therefore important to the Parks, Forestry and Recreation Division to find a use for this heritage building.

The City sought a proposal from 505707 Ontario Ltd., also known as the Grenadier Group (the “Operator”), who has exclusive food and beverage vending rights in the Western Beaches, to retrofit the interior of the Joy Oil Station at its own expense and operate it as a snack bar. The Operator responded with a broader unsolicited proposal that included a new, year-round restaurant and additional improvements to the Sunnyside Pavilion and the concessions in High Park in exchange for an extension of 15 years to all three of the Operator's agreements with the City, which is not in compliance with City policies.

The City cannot issue a Request for Proposals (RFP) for food and beverage vending rights as the Operator has exclusive food and beverage vending rights in both High Park and the Western Beaches until May 9, 2016. These rights prohibit the City from entering into food and beverage contracts with any other operators during the term of the agreement with the Operator.  The Operator would have to waive these rights in order to proceed with a “Swiss Challenge” and they have declined to waive their right of exclusivity.

Staff considered the options available for the development of the Joy Oil Station and recommend that the General Manager of Parks, Forestry and Recreation (the "General Manager") issue an RFP for the operation of the Joy Oil Station for use other than food and beverage sales until May 2016. This option is compliant with City Procurement policies.

Staff believe that an RFP that excludes food and beverage sales for a five year term will have limited success. If the RFP is not successful, staff is seeking authority to negotiate with the Operator for a 15 year extension of the Western Beaches Concession License only, that would include the operation and use of the Joy Oil Station, increased base fees, food and beverage sales rights, the development of the Sunnyside Pavilion, and the construction of a new, year-round restaurant in Sir Casimir Gzowski Park. The terms of this arrangement would be reported back to Council in 2011.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council grant authority 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 grant authority 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 Government Management Committee recommends that:

1.         City Council grant authority 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 grant authority 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.

City Council on August 25, 26 and 27, 2010, adopted the following: 

1.         City Council grant authority to 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 Government Management Committee recommends that authority be granted 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.

The Government Management Committee held a statutory public meeting on August 12, 2010, and notice was given in accordance with the City of Toronto Act, 2006.

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 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

Briefing Note submitted by the Director, Revenue Services respecting 268 tax appeal applications for the reduction, cancellation and refund of property taxes pursuant to the provisions of sections 323 and 325 of the City of Toronto Act. 

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.

City Council on August 25, 26 and 27, 2010, adopted the following:

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 Government Management Committee 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.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City 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.         City Council request the Deputy City Manager and Chief Financial Officer to 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 Government Management Committee 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.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council grant authority 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 grant authority 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 Government Management Committee 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.

City Council on August 25, 26 and 27, 2010, adopted the following:

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 of the report (July 28, 2010) from the City Solicitor, and are to be substantially on the terms set out in Attachment 2 of the report (July 28, 2010) from the City Solicitor, 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 Government Management Committee 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 of the report (July 28, 2010) from the City Solicitor, and are to be substantially on the terms set out in Attachment 2 of the report (July 28, 2010) from the City Solicitor, 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.

Letter from Councillor Adrian Heaps, Ward 35 - Scarborough Southwest, submitting information respecting an agreement forged by the former cities of Toronto with a number of private golf courses in the 1960's in an effort to stave off potential development of these 'green spaces'.

And further that the agreements called for varying deferrals of property taxes in perpetuity, providing the courses remained for the sole use of the golf clubs. Should the lands be sold and/or developed at some point in the future, these clubs would then be required to pay the City all of the owed deferred property taxes along with accrued interest. In 2009 this outstanding amount has been estimated at would over $33 million.

All of these clubs are well established, private clubs and represent perhaps the best golfing in the city. Initiation fees range from $30,000 to $125,000 for new members and varying annual fees.  In the intervening years, the homes surrounding the clubs have grown substantially in value, and would invariably have their property values compromised should any development ever take place.

Although City staff previously made efforts to meet with the golf clubs in this agreement, there has been no incentive for the clubs to negotiate in any capacity, since the agreement has no expiry date. It would be expected that paying more property taxes or providing value in-kind, would not be in their long term interest. Additionally, while the City has appealed the assessment of these lands in 2005 to MPAC, the appeal has yet to be heard, leaving the City seemingly with limited options.

Not withstanding the best intentions at the time of this initial agreement, it is now a completely different environment in which we all live. The main points of contention are:

The lands will unlikely be developed

Aside from the heavy use of pesticides and other agents to maintain the course over the years, these courses are profitable, and have built expensive high assessment homes in the immediate vicinity.

There is no community or public access

Of the nine clubs, only one has demonstrated any kind of outreach program (Oakdale Golf Club).

Public subsidy without public benefit

While the clubs maintain they provide an invaluable service by preserving green space, they in fact restrict this enjoyment to a few members while the general public may only view it from outside a fence. The public are in essence paying for the deferral, without receiving any direct benefit.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council approve the transfer of funding into 2010 Parks Capital Budget from a Reserve Fund entitled Ward 9 XR2212 for the acquisition of 77 Whitbread Crescent.

2.         City Council approve the transfer of remaining funds, if any, from the 2010 Parks Capital Budget into the Reserve Fund entitled Ward 9 XR2212 after acquisition is complete.

3.         City Council grant authority to negotiate acquisition of the Property with Toronto Hydro as set out substantially in Appendix “A” to the report (August 24, 2010) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation, and on such other terms as may be approved by the Chief Corporate Officer and the Director of Real Estate Services in a form satisfactory to the City Solicitor.

4.         City Council amend the 2010 Parks, Forestry and Recreation Capital Budget to include a new land acquisition capital project “77 Whitbread Crescent” costing $310,000.00 funded from Reserve Fund “Ward 9 Parkland” (XR2212).

5.         Upon receipt of the negotiated Offer to Sell from Toronto Hydro for the Property, City Council authorize either the Chief Corporate Officer or the Director of Real Estate Services to execute the Offer to Sell on behalf of the City.

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

The Government Management Committee recommends that:

1.         City Council approve the transfer of funding into 2010 Parks Capital Budget from a Reserve Fund entitled Ward 9 XR2212 for the acquisition of 77 Whitbread Crescent.

2.         City Council approve the transfer of remaining funds, if any, from the 2010 Parks Capital Budget into the Reserve Fund entitled Ward 9 XR2212 after acquisition is complete.

It is noted by the Local Ward Councillor that the Jane Sheppard Community is one of the neediest and most challenged in the City of Toronto and in need of parkland.  A property at 77 Whitbread Crescent, a former Toronto Hydro transformer site with a small structure, situated adjacent to a new library branch on the north side of Sheppard Avenue West, has been identified as a desirable location for a small park by the Ward Councillor. 

The subject property, owned by Toronto Hydro (“Hydro”), was declared surplus to their needs and placed for sale on the open market at an asking price of $525,000.00.  Upon receipt of an offer from the City of Toronto, Hydro advised that they would remove the property from the open market and would negotiate directly with the City.  The City presented Hydro with an offer in the amount of $258,000.00, based on market value, for a clean site.  Hydro will remediate the subject site to current industrial/commercial standards.  However, should further remediation be required to meet the new standards for parkland, and Hydro does not remediate to the City’s satisfaction, then the City has the option to terminate the agreement. 

Funding is not available in the 2010 Parks Capital Budget to acquire the property, nor is funding available in Parks Operating Budget for building out a park, ongoing maintenance and the possible demolition of the existing structure on the site.   In order for the City to acquire this property, it is necessary to transfer funding in the amount of $300,000.00, which includes Land Transfer Tax and applicable HST, from a Reserve Fund entitled Ward 9 XR2212 into 2010 Parks Capital Budget.  Additionally, 2010 Ward 9 Clean and Beautiful Funds will be used for the possible demolition and building out the new park.