Item - 2014.GM28.10

City Council on April 1, 2 and 3, 2014, adopted the following:

1.         City Council authorize the City to enter into a Letter of Intent with Guild Inn Estate Inc. for a sublease transaction for the Guild Inn building and certain surrounding lands shown shaded at Schedule "B" to the report (March 25, 2014) from the Chief Corporate Officer, the General Manager, Economic Development and Culture, and the Acting General Manager, Parks, Forestry and Recreation, to construct and operate the proposed restaurant and event/banquet/conference centre, substantially on the terms and conditions set out in Schedule "A" and Confidential Attachment 1 to the report (March 25, 2014) from the Chief Corporate Officer, the General Manager, Economic Development and Culture, and the Acting General Manager, Parks, Forestry and Recreation, and on such further or amended terms and conditions as deemed appropriate by the Chief Corporate Officer or her designate, and in a form acceptable to the City Solicitor.

2.         To implement the Letter of Intent, City Council authorize the City to enter into a Sublease Agreement with Guild Inn Estate Inc. (the "Sublease") and any other project-related agreements required to implement the transaction contemplated by the Letter of Intent and the Sublease (the "Project-Related Agreements") subject to such further or amended terms and conditions as may be deemed appropriate by the Chief Corporate Officer, the General Manager, Economic Development and Culture, and the Acting General Manager, Parks, Forestry and Recreation and in a form acceptable to the City Solicitor.

3.         City Council authorize the Chief Corporate Officer and the Director, Real Estate Services to severally execute the Letter of Intent, Sublease and Project-Related Agreements on behalf of the City.

4.         City Council authorize the public release of the information contained in Confidential Attachment 1 to the report (March 25, 2014) from the Chief Corporate Officer, the General Manager, Economic Development and Culture, and the Acting General Manager, Parks, Forestry and Recreation, following the execution of the Sublease with Guild Inn Estate Inc.

5.         City Council authorize the Chief Corporate Officer or designate, in consultation with the Acting General Manager, Parks Forestry and Recreation or designate, to administer and manage the Sublease and Project-Related 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.

6.         City Council authorize the Acting General Manager, Parks, Forestry and Recreation or designate to approve necessary tree removal that may be required in the course of this project, subject to:

a.         ensuring that no unnecessary destruction occurs, as per the appropriate City of Toronto Tree Protection Bylaws, and all impacts are mitigated to the fullest extent possible; and

b.         receipt of satisfactory tree protection plan, tree replanting plan, and natural environment stewardship plan.

7.         City Council authorize the City Solicitor to complete the Letter of Intent, the Sublease and Project-Related Agreements, deliver any notices, and amend the commencement and other dates to such earlier or later date(s), as the City Solicitor may, from time to time, determine.

8.         City Council pass a by-law pursuant to Section 252 of the City of Toronto Act, 2006, authorizing the City to:

a.         enter into a Municipal Capital Facility Agreement with Guild Inn Estate Inc. in respect of a portion of 205 Guildwood Parkway that will be used as an eligible municipal capital facility for community centre use, and parking ancillary to such use (the “Eligible Property”), in accordance with Ontario Regulation 598/06;

b.         declare that the Eligible Property be used primarily for local community activities, for the purposes of the City, and for a public use; and

c.         exempt the Eligible Property from property taxation for municipal and school purposes, which tax exemption is to be effective from the latter of the following dates: the date the municipal capital facility agreement is signed, the date the tax exemption by-law is enacted, and the commencement date of the Sublease.

9.         City Council authorize the City Clerk to give written notice of the By-law when enacted pursuant to the requirements of the City of Toronto Act, 2006.

10.       City Council authorize the City, in its capacity as land owner only (and not in its capacity as a planning/regulatory authority) to consent to the submission by Guild Inn Estate Inc. of applications and documents required in connection with any regulatory approvals in respect of the Project and further, City Council authorize each of the Chief Corporate Officer and the Director, Real Estate Services to severally execute any documents required in this regard.

11.       City Council authorize the introduction of any necessary Bills to City Council.

12.       City Council authorize the public release of Schedule "A" to Confidential Attachment 1 to the report (February 5, 2014) from the Chief Corporate Officer, the General Manager, Economic Development and Culture, and the Acting General Manager, Parks, Forestry and Recreation and direct that the balance of Confidential Attachment 1 to the report (February 5, 2014) from the Chief Corporate Officer, the General Manager, Economic Development and Culture, and the Acting General Manager, Parks, Forestry and Recreation remain confidential as it contains information relating to the security of property belonging to the City.

Schedule "A" to Confidential Attachment 1 to the report (February 5, 2014) from the Chief Corporate Officer, the General Manager, Economic Development and Culture, and the Acting General Manager, Parks, Forestry and Recreation is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (February 5, 2014) from the Chief Corporate Officer, the General Manager, Economic Development and Culture, and the Acting General Manager, Parks, Forestry and Recreation remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information relating to the security of property belonging to the City. 

Confidential Attachment 1 to the report (March 25, 2014) from the Chief Corporate Officer, the General Manager, Economic Development and Culture, and the Acting General Manager, Parks, Forestry and Recreation remains confidential in its entirety at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains information relating to the security of property belonging to the City. Confidential Attachment 1 to the report (March 25, 2014) from the Chief Corporate Officer, the General Manager, Economic Development and Culture, and the Acting General Manager, Parks, Forestry and Recreation will be made public following the execution of the Sublease with Guild Inn Estate Inc.