Item - 2011.GM9.10

City Council on November 29, 30 and December 1, 2011, adopted the following:

1..        City Council grant authority to enter into an agreement to transfer the property on the south side of Wilson Avenue west of Tippett Road, more particularly described in Appendix 3, in the report (October 26, 2011) from the Chief Corporate Officer, including any agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 3 attached to the report (October 26, 2011) from the Chief Corporate Officer, and on such other and amended terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

2.         City Council declare the following properties surplus, with the exception of 2398 Yonge Street (Appendix 4(d)) and East of High Street and North of The Queensway (Appendix 4(j)), as set out in Appendices 4(a) – 4(k) in the report (October 26, 2011) from the Chief Corporate Officer, subject to the retention of those areas and interests required to satisfy operational requirements and subject to the retention of any interests required by law as well as those City and other interests required to be protected (Required Interests), with the intended method of disposal to be by way of a transfer to Build Toronto, on an “as is” basis, for nominal consideration (with Build Toronto to pay any applicable Land Transfer Tax, HST, registration and other costs):

a.         North of Eglinton Avenue West between Wincott Drive and Islington Avenue (Appendix 4 (a));

b.         North of Eglinton Avenue West between Islington Avenue and Russell Road (Appendix 4 (b));

c.         North of Eglinton Avenue West between Russell Road and Royal York Road (Appendix 4 (c));

d.         253 Markham Road / 12 Dunhelm Street (Appendix 4 (e));

e.         5131 Sheppard Avenue East (Appendix 4 (f));

f.          138 Hamilton Street (Appendix 4 (g));

g.         455 Dovercourt Road (Appendix 4 (h));

h.         497 Richmond Street West (Appendix 4 (i)), with Appendix 4(i) amended by adding to the Declare Surplus paragraph the words:

"and, in respect of the "Building D" portion of the property, by way of a long term lease to Eva's Phoenix for a term of twenty years plus four renewal terms of five years each, subject to the City's right to terminate the lease during any of the renewal terms on three year's notice." and

i.          North of Danforth Avenue, between Highview Avenue and Pinegrove Avenue (Appendix 4(k)).

3.         City Council declare 2398 Yonge Street surplus for the purpose of extending the term of the lease of the existing tenant of 2398 Yonge Street, the Anne Johnston health Centre, for a further three year term.

4.         City Council declare the following properties surplus, substantially on the terms and conditions set out in Appendix 5, in the report (October 26, 2011) from the Chief Corporate Officer, and on such other and amended terms and conditions as may be approved by the City Manager, in a form satisfactory to the City Solicitor, subject to the retention of those areas and interests required to satisfy operational requirements and subject to the retention of any interests required by law as well as those City and other interests required to be protected (Required Interests), with the intended method of disposal to be by way of a turnover to Build Toronto, on an “as is” basis, for nominal consideration:

a.         9 Madison Avenue (Appendix 5(a);

b.         Seven properties north of Dunelm Street, east of Markham Road (Appendix 5 (b);

c.         Part of the Westwood property (3741 Bloor Street West and part of 925 Kipling Avenue (Appendix 5 (c)).

5.         City Council authorize the Chief Corporate Officer to permit Build Toronto to engage in licensing and leasing activities in respect of the properties in this report that are or become the subject matter of executed transfer agreements, during the period prior to the closing of the transfer transactions, on terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

6.         City Council grant authority to fund the City’s outstanding expenses related to the properties in the report (October 26, 2011) from the Chief Corporate Officer from the Approved Operating Budget for Facilities Management and Real Estate Services (FM&RES), in the year(s) that the expenses are incurred, 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 FM&RES’ Approved Operating Budget, as necessary, through subsequent Quarterly Variance Reports.

7.         City Council approve, as the approving authority under the provisions of the Expropriations Act, the transfer to Build Toronto of any property in the report (October 26, 2011) from the Chief Corporate Officer that was acquired by expropriation without giving the original owner from whom the property was expropriated the first chance to repurchase the property.

8.         City Council authorize each of the Chief Corporate Officer and the Director of Real Estate Services severally to execute the transaction documents required to implement the Recommendations in the report (October 26, 2011) from the Chief Corporate Officer on behalf of the City, including the execution of any required consents, approvals or permissions.

9.         City Council authorize the City Solicitor to complete the transactions provided for in the report (October 26, 2011) from the Chief Corporate Officer 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.

10.       City Council authorize and direct the appropriate City officials to introduce in Council any Bills necessary to give effect to the foregoing, including the rescission of any relevant by-laws.

11.       City Council grant authority to enter into an agreement to transfer the property municipally known as 45 Strachan Avenue, 10, 11 and 25 Ordnance Street, more particularly described in Appendix 2 to the report (November 25, 2011) from the Chief Corporate Officer [GM9.10a], including any agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 2 to the report (November 25, 2011) from the Chief Corporate Officer [GM9.10a], and on such other and amended terms and conditions as may be approved by the Chief Corporate Officer (CCO), in a form satisfactory to the City Solicitor, with Appendix 2 to the report (November 25, 2011) from the Chief Corporate Officer [GM9.10a], amended by adding to clause 2 of the Terms of Conditions of Transfer the following words:

", provided that Eva's Phoenix will have the option to renew the lease of "Building D" for four renewal terms of five years each, subject to the City's right to terminate the lease during any of the renewal terms on three year's notice."

12.       City Council grant authority to the Chief Corporate Officer to permit Build Toronto to engage in licensing and leasing activities in respect of the properties in this report that are or become the subject matter of executed transfer agreements, during the period prior to the closing of the transfer transactions, on terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

13.       City Council grant authority to fund the City’s outstanding expenses related to the properties in this report from the Approved Operating Budget for Facilities Management and Real Estate Services (FM&RES), in the year(s) that the expenses are incurred, 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 the Facilities Management and Real Estate Services Approved Operating Budget, as necessary, through subsequent Quarterly Variance Reports.

14.       City Council authorize each of the Chief Corporate Officer and the Director of Real Estate Services severally to execute the transaction documents required to implement the Recommendations in this report on behalf of the City, including the execution of any required consents, approvals or permissions.

15.       City Council authorize the City Solicitor to complete the transactions provided for in this report 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.

16.       City Council authorize and direct the appropriate City officials to introduce in Council any Bills necessary to give effect to Council's decision, including the rescission of any relevant by-laws.

17.       City Council request the General Manager, Shelter, Support and Housing Administration, to report to the Community Development and Recreation Committee within 18 months with an update on the progress of Eva's in relocating their programs from Ordnance Street.