Item - 2011.GM3.21

City Council on May 17, 18 and 19, 2011, adopted the following:

1.         City Council grant authority to enter into an agreement to transfer the property municipally known as 4620 Finch Avenue East, more particularly described in Appendix 2 in the report (April 14, 2011) from the Chief Corporate Officer, including any agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 2 in the report (April 14, 2011) from the Chief Corporate Officer, and on such other and amended terms and conditions as may be approved by the Chief Corporate Officer (CCO), in a form satisfactory to the City Solicitor.

2.         City Council grant authority to enter into an agreement to transfer the property municipally known as 4334 and 4340 Lawrence Avenue East and lands south of Green Ash Terrace, more particularly described in Appendix 3 in the report (April 14, 2011) from the Chief Corporate Officer, including any agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 3 in the report (April 14, 2011) from the Chief Corporate Officer, and on such other and amended terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

3.         City Council grant authority to enter into an agreement to transfer the property at the northwest corner of Eglinton Avenue West and Widdicombe Hill Boulevard, more particularly described in Appendix 4 in the report (April 14, 2011) from the Chief Corporate Officer, including any agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 4 in the report (April 14, 2011) from the Chief Corporate Officer, and on such other and amended terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

4.         City Council grant authority to enter into an agreement to transfer the property north of Eglinton Avenue West and east of Widdicombe Hill Boulevard, more particularly described in Appendix 5 in the report (April 14, 2011) from the Chief Corporate Officer, including any agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 5 in the report (April 14, 2011) from the Chief Corporate Officer, and on such other and amended terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

5.         City Council direct that the land at the northwest corner of Eglinton Avenue West and Kipling Avenue, shown as Part 2 on Sketch PS-2011-037 in Appendix 5 in the report (April 14, 2011) from the Chief Corporate Officer, be retained in City ownership and preserved as a woodlot.

6.         City Council grant authority to enter into an agreement to transfer the property north of Eglinton Avenue West between Kipling Avenue and Wincott Drive, more particularly described in Appendix 6 in the report (April 14, 2011) from the Chief Corporate Officer, including any agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 6 in the report (April 14, 2011) from the Chief Corporate Officer, and on such other and amended terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

7.         City Council grant authority to enter into an agreement to transfer the property municipally known as 28 Bathurst Street, more particularly described in Appendix 7 in the report (April 14, 2011) from the Chief Corporate Officer, including any agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 7 in the report (April 14, 2011) from the Chief Corporate Officer, and on such other and amended terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

8.         City Council grant authority to enter into an agreement to transfer the property at the rear of 3090–3122 Eglinton Avenue East, more particularly described in Appendix 8 in the report (April 14, 2011) from the Chief Corporate Officer, including any agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 8 in the report (April 14, 2011) from the Chief Corporate Officer, and on such other and amended terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

9.         City Council grant authority to enter into an agreement to transfer the property municipally known as 1978 Lake Shore Boulevard West and a portion of 2000 Lake Shore Boulevard West, more particularly described in Appendix 9 in the report (April 14, 2011) from the Chief Corporate Officer, including any agreements related thereto, to Build Toronto, substantially on the terms and conditions set out in Appendices 1 and 9 in the report (April 14, 2011) from the Chief Corporate Officer, and on such other and amended terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

10.       City Council declare the following properties surplus, substantially on the terms and conditions set out in Appendix 10 in the report (April 14, 2011) from the Chief Corporate Officer, and on such other and amended terms and conditions as may be approved by the City Manager, in a form satisfactory to the City Solicitor, subject to the retention of those areas and interests required to satisfy operational requirements and subject to the retention of any interests required by by-law as well as those City and other interests required to be protected (Required Interests), with the intended method of disposal to be by way of a turnover to Build Toronto, on an “as is” basis, for nominal consideration:

            a.         45 Strachan Avenue and 10 Ordnance Street (Appendix 10a);

b.         1250 Eglinton Avenue West (Appendix 10b) with Appendix 10(b) amended by deleting the words "Sketch PS-2009-029" and replacing them with the words "Sketch PS-2009-129"; and

            c.         1350 Eglinton Avenue West (Appendix 10c).

11.       City Council request the Toronto Transit Commission to complete the construction of a sound barrier wall along the north limit of the property known as 1250 Eglinton Avenue West, shown as Part 1 on Sketch PS-2009-129 in Appendix 10(b) as amended.

12.       City Council authorize Build Toronto to undertake a master planning process for the properties municipally known as 5 Eireann Quay, 11 Bay Street, and the northeast corner of Eglinton Avenue East and Don Mills Road, as set out in Appendix 11 in the report (April 14, 2011) from the Chief Corporate Officer, that may include applications, on terms and conditions as may be approved by the Chief Corporate Officer, for planning approvals, including amendments of the Official Plan.

13.       City Council grant authority to the Chief Corporate Officer to permit Build Toronto to engage in licensing and leasing activities in respect of the properties in the report (April 14, 2011) from the Chief Corporate Officer that are or become the subject matter of executed transfer agreements, during the period prior to the closing of the transfer transactions, on terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

14.       City Council grant authority to fund the City’s outstanding expenses related to the properties in the report (April 14, 2011) from the Chief Corporate Officer from the Approved Operating Budget for Facilities and Real Estate (F&RE), in the year(s) that the expenses are incurred, as necessary, and, once these expenses are known, to transfer the funding for these expenses from the Land Acquisition Reserve Fund (LARF), with appropriate adjustments to F&RE’s Approved Operating Budget, as necessary, through subsequent Quarterly Variance Reports.

15.       City Council approve, as the approving authority under the provisions of the Expropriations Act, the transfer to Build Toronto of any property in the report (April 14, 2011) from the Chief Corporate Officer that was acquired by expropriation without giving the original owner from whom the property was expropriated the first chance to repurchase the property.  

16.       City Council authorize severally each of the Chief Corporate Officer and the Director of Real Estate Services to execute the transaction documents required to implement the Recommendations in the report (April 14, 2011) from the Chief Corporate Officer on behalf of the City, including the execution of any required consents, approvals or permissions.

17.       City Council authorize the City Solicitor to complete the transactions provided for in the report (April 14, 2011) from the Chief Corporate Officer 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.

18.       City Council authorize and direct the appropriate City officials to introduce in Council any Bills necessary to give effect to the foregoing.