Item - 2015.EX10.12

The Executive Committee recommends that:

1.  City Council authorize the Chief Corporate Officer (the "CCO") to negotiate the acquisition of 3306 Kingston Road (the "Property") with the Vendor for the purchase price outlined in Confidential Attachment 1 to the report (November 16, 2015) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration, and authorize the City to enter into an agreement of purchase and sale substantially on the terms outlined in Appendix "A" to the report (November 16, 2015) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration and on such other or amended terms and conditions as may be acceptable to the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

2.  City Council authorize that the 2015 Approved Capital Budget for Shelter, Support and Housing Administration be amended by the addition of a new capital project called "3306 Kingston Road - Shelter Acquisition" for the costs as outlined in Confidential Attachment 1 to the report (November 16, 2015) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration, funded from the Land Acquisition Reserve Fund (XR1012).

3.  City Council authorize severally each of the Chief Corporate Officer and the Director, Real Estate Services to execute the Offer to Sell agreement (the "Agreement") and any ancillary agreements and documents under the Agreement on behalf of the City.

4.  City Council authorize the Chief Corporate Officer to administer and manage the transaction, including the provision of any consents, approvals, waivers and notices, provided that she may, at any time, refer consideration of any such matters (including their content) to City Council for its consideration and direction.

5.  City Council authorize the City Solicitor to complete the contemplated transaction  on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

6.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 16, 2015) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration

7.  City Council authorize the public release of the Recommendations and Financial Impact in Confidential Attachment 1 to  the report (November 16, 2015) from the Chief Corporate Officer and the General Manager, Shelter, Support and Housing Administration related to the acquisition of 3306 Kingston Road once the contemplated transaction has been completed, and the Vendor has disposed of its interest in the Property and direct that the balance of Confidential Attachment 1 remain confidential as it pertains to potential litigation that affects the City or one of its agencies, boards, and commissions.

8.  City Council approve the location of a 120 bed shelter to be operated by City staff from Shelter, Support and Housing Administration at 3306 Kingston Rd. in Ward 36 in accordance with the requirements of the Municipal Shelter By-law 138‑2003.

9.  City Council request the Chief Corporate Officer, and the General Manager, Shelter, Support and Housing Administration in conjunction with applicable Divisions, to help develop a comprehensive plan for 3300 and 3306 Kingston Road, which would include exploring opportunities with abutting property owners in potential future redevelopment proposals.

10.  City Council request the General Manager, Shelter, Support and Housing Administration to establish a Community liaison committee associated with this project and establish a review with the Community a minimum of 6 months following the implementation of the re-location.

11.  City Council delay the closing of the purchase of 3306 Kingston Road until no sooner than January 2016 in order to review all options related to the larger development acquisition in the area and the net benefit to the community.

The Executive Committee recessed its public meeting and met in closed session as this item pertains to a proposed or pending acquisition or sale of land for municipal or local board purposes and litigation or potential litigation, including matters before administrative tribunals affecting the municipality or local board.

The purpose of this report is to obtain authority and funding to acquire 3306 Kingston Road for temporary and transitional shelter programs. The location meets the requirements of the Municipal Shelter By-law 138-2003.

In April 2015, City Council adopted an Infrastructure and Service Improvement Plan for the Emergency Shelter System, which identified the need for new sites for various shelter and transitional programs. One of the shelter programs requiring a new site is Birchmount Residence, a 56 bed transitional shelter program for senior men, which currently occupies leased premises at 1673 Kingston Road.

The layout of the building at 3306 Kingston Road is suitable for accommodating the Birchmount Residence program. In addition, as the building has space for up to 120 transitional and temporary shelter beds and associated supportive programming, another 64 beds can be utilized in accordance with the needs identified in the Infrastructure and Service Improvement Plan for the Emergency Shelter System.

This report seeks City Council approval to proceed as outlined herein and in Attachment 1 – Confidential Information, with the acquisition of 3306 Kingston Road as a new shelter site.