Item - 2018.EX30.13

The Executive Committee recommends that:

1.  City Council approve the Major Terms of a Use Agreement for The Bentway set out in the report (January 9, 2018) from the Deputy City Manager, Cluster A, the Deputy City Manager, Cluster B, and the Deputy City Manager, Internal Corporate Services, which will establish the governing terms and conditions for The Bentway Conservancy's use of City Lands; such agreement to include a Relationship Framework between the City of Toronto and The Bentway Conservancy setting out the roles and responsibilities of the Parties in programming, operating and maintaining the City Lands.

2.  City Council authorize the Deputy City Manager, Cluster A, the Deputy City Manager, Cluster B and the Deputy City Manager, Internal Corporate Services to negotiate and enter into any and all other agreements necessary to implement the Use Agreement, on terms acceptable to the said Deputy City Managers, and in a form satisfactory to the City Solicitor.

This report seeks Council endorsement of the major terms of a Use Agreement for The Bentway, which The Bentway Conservancy will program, operate and maintain in partnership with the City of Toronto. The Bentway Conservancy was established as a not-for-profit corporation on September 14, 2016.

This report responds to Council's request for details regarding particular aspects of programming, operations and maintenance, including the need to protect public access to the new open space, the need to foster collaboration between Fort York National Historic Site and the Conservancy, the need to manage sponsor and donor recognition, as well as the need to manage event frequency and intensity in a manner that recognizes adjacent uses.

The exact terms and nature of the partnership between The Bentway Conservancy and the City of Toronto will be defined in a Use Agreement. The Conservancy will have a close working relationship with Fort York National Historic Site, as this first phase of The Bentway is entirely on lands that are part of the National Historic Site. The Use Agreement will therefore include a detailed Relationship Framework between The Conservancy and Fort York National Historic Site. Areas of cooperation include site maintenance, joint programming, event management, fundraising and sponsorship, as well as the need to maintain public access across the National Historic Site.

Announced in December 2015, The Bentway will transform a linear area from approximately Strachan Avenue to Spadina Avenue beneath the elevated Gardiner Expressway into a major civic and cultural asset that will provide much needed public open space and amenities in a rapidly growing area of Toronto. The entire first phase of The Bentway passes through the federally designated Fort York National Historic Site, which is managed through the Museums and Heritage Services section of the Economic Development and Culture Division, with the considerable involvement of The Friends of Fort York and Garrison Common, as well as the Fort York Foundation. Future phases of The Bentway will extend the project to the east.

The Terms of the Use Agreement for The Bentway represent a comprehensive framework that provides the City of Toronto and The Bentway Conservancy with tools for successful collaboration and communication, while also providing The Bentway with the independence needed to leverage additional funding and implement high quality programming, operations and maintenance.