Item - 2019.EP8.13

Tracking Status

EP8.13 - Liberty Grand Entertainment Complex Inc. Lease Renewal

Decision Type:
ACTION
Status:
Adopted
Ward:
10 - Spadina - Fort York

Confidential Attachment - A proposed or pending acquisition or disposition of land by the City and the Board

Board Decision

The Board of Governors of Exhibition Place:

 

1.  Subject to obtaining City Council approval, approved a new lease (the "New Lease") between the City of Toronto, as landlord (the "Landlord"), Liberty Grand Entertainment Complex Inc. (the "Tenant"), and the Board, for a term of twenty (20) years commencing January 1, 2021 and ending December 31, 2040, substantially on the terms and conditions set out in Appendix A and Confidential Attachment 1 to the report (December 16, 2019) from the Chief Executive Officer, Exhibition Place and on such other terms and conditions deemed appropriate by the Deputy City Manager, Corporate Services (the "DCM"), the Chief Executive Officer, Exhibition Place (the "CEO") and in a form satisfactory to the City Solicitor.

 

2.  Directed the Chief Executive Officer, Exhibition Place to work with the Deputy City Manager, Corporate Services, to seek City Council's approval for the New Lease set out in Recommendation 1.

 

3.  Directed that Confidential Attachment 1 to the report (December 16, 2019) from the Chief Executive Officer, Exhibition Place remain confidential in its entirety and not be released publicly as it pertains to a proposed or pending acquisition or disposition of land by the City of Toronto and the Board of Governors of Exhibition Place.

Origin

(December 16, 2019) Report from the Chief Executive Officer, Exhibition Place

Summary

The Board and the 1309320 Ontario Inc. ("1309320") entered into a lease dated December 7, 2000, for premises known as the Ontario Government Building and certain adjacent lands, which lease was subsequently assigned, with the Board's consent, by 1309320 to Liberty Grand Entertainment Complex Inc. (such lease, as assigned, is hereinafter the "Existing Lease"). The term of the Existing Lease is twenty (20) years, commencing on January 1, 2001 and expiring on December 31, 2020 (the "Existing Term").

 

Throughout the Existing Term, the Tenant has undertaken significant renovations in the leased premises at a value of approximately $4.65 million excluding food and beverage equipment. Renovations to the roof, windows, HVAC systems, kitchen upgrades, washrooms, interior finishes, carpet, paint and other miscellaneous items over the last 20 years have kept the facility in a state of good repair without having cost the Board and the City any financial resources.

 

The Tenant is requesting an extension of the Existing Lease or a new lease for a further 20 year term, commencing January 1, 2021 to December 31, 2040.  Should such extension or new lease be approved by Toronto City Council ("Council"), the Tenant will invest an additional $8.025 million in various improvements during the first 5 years of the new term, which will significantly improve this City asset.

 

This report is recommending that, subject to obtaining Council approval, the Board approve the entering into of a new lease with the Tenant on the terms and conditions provided in this report.

Background Information

(December 16, 2019) Report from the Chief Executive Officer, Exhibition Place on Liberty Grand Entertainment Complex Inc. Lease
https://www.toronto.ca/legdocs/mmis/2019/ep/bgrd/backgroundfile-141242.pdf
Appendix A - Terms and Conditions of New Lease
https://www.toronto.ca/legdocs/mmis/2019/ep/bgrd/backgroundfile-141243.pdf
Confidential Attachment 1 - Financial Analysis and Terms
(November 28, 2019) Report from the Chief Executive Officer, Exhibition Place on Liberty Grand Entertainment Complex Inc. Lease Renewal - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2019/ep/bgrd/backgroundfile-140870.pdf

Communications

(December 19, 2019) Submission from Nick Di Donato, Liberty Entertainment Group (EP.New.EP8.13.1)
https://www.toronto.ca/legdocs/mmis/2019/ep/comm/communicationfile-99907.pdf

Speakers

Nick Di Donato, Liberty Entertainment Group

Motions

Motion to Adopt Item moved by Councillor Mark Grimes (Carried)

Vote (Adopt Item) Dec-19-2019

Result: Carried Majority Required
Total members that voted Yes: 7 Members that voted Yes are Joe Cressy, Mark Grimes (Chair), Stephen Holyday, Jim Karygiannis, Peter Leon, Anthony Perruzza, Tess Romain
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 2 Members that were absent are Howard Lichtman, Paula Oliveira
Source: Toronto City Clerk at www.toronto.ca/council