Item - 2016.GM13.20

The Government Management Committee recommends that:

1.  City Council rescind Item GM10.10 of the Government Management Committee as adopted by City Council on December 11, 12 and 13, 2007 entitled "Memorandum of Understanding for Kipling Improvements to Implement the Kipling / Islington Redevelopment Initiative".

2.  City Council authorize the Chief Corporate Officer to execute the new Memorandum of Understanding regarding the Kipling Station Redevelopment based on the revised design as shown in Appendix 4, and as provided for and substantially in accordance with the terms and conditions as set out in Appendix 1 to the report (May 30, 2016) from the Chief Corporate Officer, and on such other terms and conditions as may be approved by the Chief Corporate Officer, and in a form satisfactory to the City Solicitor.

3.  City Council authorize the General Manager, Transportation Services to give notice to the public of the proposed by-law to permanently close the portion of Subway Crescent shown as Parts 1 and 2 on Sketch No. PS-2016-034 as shown on Appendix 6 to the report (May 30, 2016) from the Chief Corporate Officer, in accordance with the requirements of the City of Toronto Municipal Code, Chapter 162, with the Etobicoke York Community Council to hear any member of the public who wishes to speak to this matter during the consideration of the by-law.

4.  City Council authorize the General Manager, Transportation Services to advise the public of the proposed closure of the Highway prior to implementation, in accordance with the requirements of the Municipal Class Environment Assessment for Schedule "A+" activities by posting notice of the proposed closure on the notices page of the City's Web Site for at least five working days prior to the Etobicoke York Community Council meeting at which the proposed by-law to close the Road will be considered.

5.  City Council grant authority to transfer title to the properties municipally known as 5341 Dundas Street West and 915 Kipling Avenue, as identified in Table 3 of Appendix 5 to the report (May 30, 2016) from the Chief Corporate Officer to Metrolinx for nominal consideration, and to enter into long-term lease with Metrolinx for the 915 Kipling Avenue property for commuter parking purposes and for the property at 5341 Dundas Street West, both for nominal rent and at the City's discretion and on such other terms and conditions as may be approved by the Chief Corporate Officer, and in a form satisfactory to the City Solicitor.

6.  City Council authorize the Chief Corporate Officer and the Director, Real Estate Services to negotiate and execute an Agreement of Purchase and Sale with Metrolinx for the sale of the City-owned properties set out in Tables 1 and 2 of Appendix 5 to the report (May 30, 3016) from the Chief Corporate Officer and the granting of easements with respect to the Properties and Road, in forms acceptable to the City Solicitor.

7.  City Council severally authorize the Chief Corporate Officer and the Director, Real Estate Services to execute such consent on behalf of the City as owner, to the submission of any applications or documentation required in connection with any regulatory approvals in respect of the Kipling Station Redevelopment.

8.  City Council authorize the City Solicitor to complete the transactions referenced in the above Recommendations 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.

9.  City Council grant authority severally to each of the Chief Corporate Officer and the Director, Real Estate Services to execute such additional leases, licences and other agreements or documents and to do all things deemed appropriate as may, in the opinion of the Chief Corporate Officer or the City Solicitor, be desirable to give effect to the above Recommendations, including the extension of any consents, approvals or permissions and any amendments.

At its meeting held on December 11, 12, and 13, 2007, City Council adopted the Recommendations contained in Item GM10.10 of the Government Management Committee authorizing the execution of a Memorandum of Understanding ("MOU") setting out the framework for agreements among the City, TTC, GO Transit and Mississauga Transit regarding the construction of a new interregional bus terminal at Kipling Station and the proposed modification to the TTC Kipling Station lands ("Kipling Station Redevelopment").  This draft MOU was never signed by the parties.

Since that time, the design concept for the Kipling Station Redevelopment has been changed resulting in changes to the Metrolinx requirements of City-owned property, and consequently the 2007 Council approved Recommendations and approval of the terms of the previous MOU are no longer applicable.

This report seeks authority for City Council to rescind the earlier 2007 Council Authority and to authorize  the Chief Corporate Officer to execute a new MOU setting out the business arrangements amongst the City, TTC, Metrolinx and City of Mississauga to facilitate the new design of the Kipling Station Redevelopment which will include, among other improvements, a  new interregional bus terminal at a revised location (the "Metrolinx Terminal") and the reconfiguration of the TTC commuter parking and improvements at Kipling Station. The basis of this new MOU will be substantially on the terms and conditions as contained in Appendix 1.