Item - 2012.EX15.11

The Executive Committee recommends that City Council approve an amendment to the terms and conditions with respect to the Canadian Soccer Association (CSA) use of BMO Field as provided in the letter (December 16, 2011) from the Chief Executive Officer, Exhibition Place, and that the Board and Maple Leaf Sports and Entertainment (MLSE) enter into a license agreement with Canadian Soccer Association (CSA) on the terms and conditions outlined in Appendices “A” to “D” of the letter (December 16, 2011) from the Chief Executive Officer, Exhibition Place, and the original Letter of Intent dated November 14, 2005 between the parties, and such other terms and conditions as may be satisfactory to the Chief Executive Officer, the City's Deputy City Manager and Chief Financial Officer and the City Solicitor.

In November 2005, Maple Leaf Sports and Entertainment (MLSE), the City of Toronto (City), the Board of Governors of Exhibition Place (Board), and the Canadian Soccer Association (CSA) entered an initial Letter of Intent (CSA LOI) that provided for the construction and future use of a national soccer stadium (i.e. BMO field) at Exhibition Place.  Included in the LOI were certain terms and conditions for use of BMO Field by the CSA.  In particular, the LOI contemplated that the CSA would use the stadium for a minimum of six national team games annually.

In 2007, the CSA met all the terms and conditions set out in the CSA LOI. In 2008, the CSA and MLSE began to debate the fulfilment of the LOI after only two national team games and one Canada U20 game were hosted at BMO Field.  However, in 2009 and 2010, MLSE, acting as manager for the Board of Governors, indicated that the CSA did not fulfil its obligations under the CSA LOI and because of this held back box office sales from the CSA for games played at BMO Field in those years pending resolution of the terms and conditions of the CSA use of BMO Field. 

The parties have now reached a proposed agreement that is mutually beneficial to all parties and are proposing the terms of the CSA LOI be amended and the parties enter into a Licence Agreement on the basis of the original LOI as amended, including a settlement with respect to the CSA use in 2008, 2009 and 2010.