Item - 2013.EX35.2

Tracking Status

  • City Council adopted this item on November 13, 2013 with amendments.
  • This item was considered by the Executive Committee on October 30, 2013 and adopted without amendment. It will be considered by City Council on November 13, 2013.
  • See also By-law 78-2014

EX35.2 - Casa Loma Request for Proposals - Operator for Main House and Grounds

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on November 13, 14, 15 and 18, 2013, adopted the following:

 

1.         City Council enter into a twenty year agreement with the a newly formed company controlled by Liberty Entertainment Group (the "Recommended Proponent") to improve, and operate the Main House and Grounds of Casa Loma substantially as set out in Confidential Attachment 1 to the report (October 16, 2013) from the City Manager with other such terms to be incorporated to the satisfaction of the City Manager, the Chief Corporate Officer, and the City Solicitor.

 

2.         City Council direct the City Clerk not to publicly release the lease and operating agreement information in the confidential attachments to the report (October 16, 2013) from the City Manager, until such time that the General Manager, Economic Development and Culture confirms that a binding lease and any other agreements between the Recommended Proponent and the City respecting operation of the Main House and Grounds Casa Loma have been executed.

 

3.         City Council direct that the net proceeds from the lease with the Liberty Group for the Main House and Grounds be placed with the Chief Financial Officer and Deputy City Manager Officer in the Casa Loma Capital Maintenance Reserve Fund (Account XR1501) for the restoration and state of good repair at the Casa Loma complex, including the north complex, to be allocated in future years through the City's capital budgeting process.

 

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 the Recommended Proponent in respect of the portions of the Casa Loma that will be used as an eligible municipal capital facility for cultural, recreational and tourist purposes, and for parking ancillary to such facilities, when such use can be determined; and

 

b.         Exempt the portions of Casa Loma to which the municipal capital facility agreement will apply from property taxation for municipal and school purposes, which tax exemption is to be effective from the latter of the following dates: the date the municipal capital facility agreement is signed, the date the tax exemption by-law is enacted, or the commencement date of the Lease with the Recommended Proponent.

 

5.         City Council authorize the City Clerk to give written notice of the By-law when enacted pursuant to the requirements of the City of Toronto Act, 2006.

 

6.         City Council request that the Casa Loma Corporation review options for the north portion of the Casa Loma complex, including consideration of issuance of an Request for Expressions of Interest, and in doing so:

           

a.         identify a vision and uses for the north portion of the Casa Loma complex;

 

b.         ensure the vision and uses proposed are complimentary to the heritage, tourism and event uses at the Main House and Grounds;

 

c.         preclude the sale of City owned lands; and

 

d.         provide that the review process includes significant community and key stakeholder consultation.

 

7.         City Council, as the sole shareholder of the Casa Loma Corporation, direct the Corporation to manage the transition to the new operator for the Main House and Grounds, and undertake the review for the north complex.

 

8.         City Council direct that Casa Loma Corporation, through the City Manager, report to Council on the review process for the north portion of Casa Loma; and that the City Manager report back on the appropriate future governance structure for the Casa Loma complex no later than the spring of 2015.

 

9.         City Council request the General Manager, Economic Development and Culture and the General Manager, Parks, Forestry and Recreation to report back to the Parks and Environment Committee regarding the renaming of the gardens on the grounds of Casa Loma as "John Tommy Fiddich Gardens" in honour of the character in the children's book "The White Stone in the Castle Wall", a fictionalized story of the centre, white stone in the wall on the South West corner of the grounds.

 

10.       City Council request the General Manager, Economic Development and Culture, in consultation with the General Manager, Transportation Services and the Chief Executive Officer, Toronto Transit Commission, to report back to City Council on a wayfinding and signage plan in the Casa Loma vicinity; such report to include information on required funding for such a plan, and how this could be paid out of the Casa Loma Reserve Fund.

 

The lease and operating agreement information in Confidential Attachments 1, 2 and 3 to the report (October 16, 2013) from the City Manager remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to the security of the property of the municipality or local board. The lease and operating agreement information will be made public once the General Manager of Economic Development and Culture confirms that a binding lease and any other agreements between the Recommended Proponent and the City respecting operation of the Main House and Grounds Casa Loma have been executed.

Confidential Attachment - The security of the property of the municipality or local board

Background Information (Committee)

(October 16, 2013) Report from the City Manager on Casa Loma Request for Proposals - Operator for Main House and Grounds
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-62750.pdf
Attachment 1 - Report from the Board of the Casa Loma Corporation
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-62752.pdf
Confidential Attachments 1, 2 and 3

Background Information (City Council)

Confidential Attachment 1 - made public on July 5, 2016
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-94821.pdf
Confidential Attachment 2 - made public on July 5, 2016
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-94822.pdf
Confidential Attachment 3 - made public on July 5, 2016
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-94823.pdf

Communications (Committee)

(October 23, 2013) E-mail from Richard Cassel (EX.New.EX35.2.1)
(October 24, 2013) E-mail from Shirley Hughes (EX.New.EX35.2.2)
(October 29, 2013) E-mail from John Boddy (EX.New.EX35.2.3)
(October 29, 2013) E-mail from Michael Lancefield (EX.New.EX35.2.4)
(October 29, 2013) E-mail from John Boddy (EX.New.EX35.2.5)
(October 24, 2013) E-mail from Trelawny Howell (EX.New.EX35.2.6)

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Joe Mihevc (Carried)

That:

 

1.         City Council request the General Manager, Economic Development and the General Manager, Parks, Forestry and Recreation to report back to the Parks and Environment Committee regarding the renaming of the gardens on the grounds of Casa Loma as "John Tommy Fiddich Gardens" in honour of the character in the children's book "The White Stone in the Castle Wall, a fictionalized story of the centre, white stone in the wall on the South West corner of the grounds. 

 

2.         City Council request the General Manager, Economic Development, in consultation with the General Manager, Transportation and the Chief Executive Officer, Toronto Transit Commission, to report back to City Council on a wayfinding and signage plan in the Casa Loma vicinity; such report to include information on required funding for such a plan, and how this could be paid out of the Casa Loma Reserve Fund.

Vote (Amend Item (Additional)) Nov-13-2013 5:52 PM

Result: Carried Majority Required - EX35.4 - Mihevc - motion 1
Total members that voted Yes: 35 Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Rob Ford
Total members that were Absent: 9 Members that were absent are Paul Ainslie, Ana Bail„o, Vincent Crisanti, Doug Ford, Gloria Lindsay Luby, Giorgio Mammoliti, Denzil Minnan-Wong, John Parker, David Shiner

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Nov-13-2013 5:53 PM

Result: Carried Majority Required - EX35.4 - Adopt the item as amended
Total members that voted Yes: 37 Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 8 Members that were absent are Paul Ainslie, Ana Bail„o, Vincent Crisanti, Doug Ford, Gloria Lindsay Luby, Giorgio Mammoliti, John Parker, David Shiner

EX35.2 - Casa Loma Request for Proposals - Operator for Main House and Grounds

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Confidential Attachment - The security of the property of the municipality or local board

Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council enter into a twenty year agreement with the a newly formed company controlled by Liberty Entertainment Group (the "Recommended Proponent") to improve, and operate the Main House and Grounds of Casa Loma substantially as set out in Confidential Attachment 1 to the report (October 16, 2013) from the City Manager with other such terms to be incorporated to the satisfaction of the City Manager, the Chief Corporate Officer, and the City Solicitor.

 

2.         City Council direct the City Clerk not to publicly release the lease and operating agreement information in the confidential attachments to the report (October 16, 2013) from the City Manager, until such time that the General Manager of Economic Development and Culture confirms that a binding lease and any other agreements between the Recommended Proponent and the City respecting operation of the Main House and Grounds Casa Loma have been executed.

 

3.         City Council direct that the net proceeds from the lease with the Liberty Group for the Main House and Grounds be placed with the Chief Financial Officer and Deputy City Manager Officer in the Casa Loma Capital Maintenance Reserve Fund (Account XR1501) for the restoration and state of good repair at the Casa Loma complex, including the north complex, to be allocated in future years through the City's capital budgeting process.

 

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 the Recommended Proponent in respect of the portions of the Casa Loma that will be used as an eligible municipal capital facility for cultural, recreational and tourist purposes, and for parking ancillary to such facilities, when such use can be determined; and

 

b.         Exempt the portions of Casa Loma to which the municipal capital facility agreement will apply from property taxation for municipal and school purposes, which tax exemption is to be effective from the latter of the following dates: the date the municipal capital facility agreement is signed, the date the tax exemption by-law is enacted, or the commencement date of the Lease with the Recommended Proponent.

 

5.         City Council authorize the City Clerk to give written notice of the By-law when enacted pursuant to the requirements of the City of Toronto Act, 2006.

 

6.         City Council request that the Casa Loma Corporation review options for the north portion of the Casa Loma complex, including consideration of issuance of an Request for Expressions of Interest, and in doing so:

           

a.         Identify a vision and uses for the north portion of the Casa Loma complex;

 

b.         Ensure the vision and uses proposed are complimentary to the heritage, tourism and event uses at the Main House and Grounds;

 

c.         Preclude the sale of City owned lands; and

 

d.         Provide that the review process includes significant community and key stakeholder consultation.

 

7.         City Council, as the sole shareholder of the Casa Loma Corporation, direct the Corporation to manage the transition to the new operator for the Main House and Grounds, and undertake the review for the north complex.

 

8.         City Council direct that Casa Loma Corporation, through the City Manager, report to Council on the review process for the north portion of Casa Loma; and that the City Manager report back on the appropriate future governance structure for the Casa Loma complex no later than the spring of 2015.

Origin

(October 16, 2013) Report from the City Manager

Summary

In October 2012, City Council authorized Casa Loma Corporation to undertake a Request for Proposals (RFP) for a suitable operator to manage the main facility at Casa Loma, known as the Main House, and to undertake an Request for Proposal for the north portion of the site.

 

This report transmits the results of the Request for Proposal issued by Casa Loma Corporation to operate and manage the Main House and grounds, and recommends an operator on specific terms over a twenty year term. The report also seeks related authorities required to implement the proposal.

 

Furthermore, the report recommends that Casa Loma Corporation complete its mandate through a review of options for re-use of the northern portion of the Casa Loma complex, including the issuance of a Request for Expressions of Interest.

 

The report adopted by the Board of the Casa Loma Corporation is contained in attachments to this report with the details of the proposed lease and financial terms set out in a separate confidential attachment. 

Background Information

(October 16, 2013) Report from the City Manager on Casa Loma Request for Proposals - Operator for Main House and Grounds
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-62750.pdf
Attachment 1 - Report from the Board of the Casa Loma Corporation
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-62752.pdf
Confidential Attachments 1, 2 and 3

Communications

(October 23, 2013) E-mail from Richard Cassel (EX.New.EX35.2.1)
(October 24, 2013) E-mail from Shirley Hughes (EX.New.EX35.2.2)
(October 29, 2013) E-mail from John Boddy (EX.New.EX35.2.3)
(October 29, 2013) E-mail from Michael Lancefield (EX.New.EX35.2.4)
(October 29, 2013) E-mail from John Boddy (EX.New.EX35.2.5)
(October 24, 2013) E-mail from Trelawny Howell (EX.New.EX35.2.6)

Speakers

Trelawny Howell, CasaLomaTrust (Submission Filed)
John Boddy
Councillor Josh Matlow
Councillor Gloria Lindsay Luby

Motions

Motion to Adopt Item moved by Councillor Norman Kelly (Carried)

Vote (Adopt Item) Oct-30-2013

Result: Carried Majority Required - Adopt - Motion 1
Total members that voted Yes: 10 Members that voted Yes are Gary Crawford, Vincent Crisanti, Rob Ford (Chair), Norman Kelly, Peter Leon, Giorgio Mammoliti, Peter Milczyn, Cesar Palacio, David Shiner, Michael Thompson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 3 Members that were absent are Frank Di Giorgio, Denzil Minnan-Wong, Anthony Perruzza
Source: Toronto City Clerk at www.toronto.ca/council