Item - 2018.GM27.10

The Government Management Committee recommends that:

1.  City Council authorize the City to enter into a Community Space Tenancy lease with North York Harvest Food Bank ("NYHFB") pursuant to the Community Space Tenancy Policy ("CST Policy"), for space at 2975 Don Mills Road West, Toronto, being Rooms 123 and 124 (the "Leased Premises"), for a five (5) year term, substantially on the terms and conditions set out in Appendix A to the report (April 13, 2018) from the Director, Real Estate Services, and the Executive Director, Social Development, Finance and Administration, with such revisions thereto and on such other or amended terms and conditions acceptable to the Deputy City Manager, Internal Corporate Services, or his or her designate and in a form acceptable to the City Solicitor.

2.  City Council consent to the sublease by North York Harvest Food Bank (NYHFB) of a portion of its Leased Premises to  Flemingdon Health Centre ("FHC") and Working Women Community Centre ("WWCC"), and authorize the City to enter into Sublease Acknowledgement Agreements with NYHFB, and the subtenants, FHC and WWCC, substantially on the terms and conditions set out in the attached Appendix A to the report (April 13, 2018) from the Director, Real Estate Services, and the Executive Director, Social Development, Finance and Administration, with such revisions thereto and on such other or amended terms and conditions acceptable to the Deputy City Manager, Internal Corporate Services, or his or her designate and in a form acceptable to the City Solicitor.

3.  City Council confirm that the Request for Expressions of Interest ("REOI") requirement as set out in sections 4.1 and 5.3.1 of the Community Space Tenancy Policy adopted by City Council on November 7, 8 and 9, 2017 in Item EX28.8, does not apply to space leased to: (i) existing tenant(s) and/or subtenant(s) under the Policy for City-Owned Space Provided at Below-Market Rent, or predating such policy, transitioning to a CST lease, including space for which a REOI exemption was previously granted and (ii) existing tenant(s) and/or subtenant(s) under the CST Policy upon renewal or extension of existing space.

4.  City Council pass a by-law pursuant to section 252 of the City of Toronto Act, 2006, providing authority to:

a.  enter into a municipal capital facility agreement with North York Harvest Food Bank (NYHFB) for the property known as 2975 Don Mills Road West, Rooms 123 and 124, with respect to approximately 621 square feet of rentable area owned by the City of Toronto, for the purposes of providing a municipal capital facility related to the provision of social and health services, such municipal capital facility agreement to be conditional on the lease to NYHFB and the subleases to Flemingdon Health Centre and Working Women Community Centre being in effect;

b.  exempt the Leased Premises from taxation for municipal and school purposes, which tax exemption is to be effective from the latest of (i) the commencement date of the Community Space Tenancy lease, (ii) the date of the municipal capital facility agreement is entered into and (iii) the date the tax exemption by-law is enacted.

5.  City Council direct the City Clerk to give written notice of the by-law to the Minister of Finance, the Municipal Property Assessment Corporation, the Toronto District School Board, the Toronto Catholic District School Board, the Conseil Scolaire de District du Centre-Sud-Ouest, and the Conseil Scolaire de District du Catholique Centre-Sud.

6.  City Council authorize each of the Deputy City Manager, Internal Corporate Services and the Director of Real Estate Services severally to execute the Community Space Tenancy lease, the Sublease Acknowledgement Agreements, and any related documents on behalf of the City.

7.  City Council authorize the Deputy City Manager, Internal Corporate Services or his or her designate to administer and manage the lease and sublease agreements including the provision of any amendments, consents, approvals, waivers, notices, and notices of termination, provided that the Deputy City Manager, Internal Corporate Services may, at any time, refer consideration of such matters (including their content) to City Council for its determination and direction.

The purpose of this report is to obtain City Council authority: (i) to enter into a Community Space Tenancy lease under the Community Space Tenancy Policy with North York Harvest Food Bank for a five (5) year term for approximately 621 square feet of space located at 2975 Don Mills Road West, Toronto, Rooms 123 and 124; (ii) to allow North York Harvest Food Bank to sublease a portion of their space to Flemingdon Health Centre and Working Women Community Centre; and (iii) for the adoption of the necessary by-law to designate the premises as a municipal capital facility, and to provide a property tax exemption for municipal and education purposes.

The North York Harvest Food Bank space is used to build a healthy community through food by offering a variety of programs, including community kitchens, drop-in food bank hours, food skills workshops, gardening workshops and farm trips. It runs as a collaboration among North York Harvest Food Bank, Flemingdon Health Centre and Working Women Community Centre. North York Harvest Food Bank primarily runs the food bank drop-in program, Flemingdon Health Centre runs cooking and nutrition programming and Working Women Community Centre supports the local garden program located next door to the Oriole Community Centre.