Item - 2019.GL6.18

The General Government and Licensing Committee recommends that:

1.  City Council authorize the City of Toronto to enter into Leases with the Toronto District School Board and the Toronto Catholic District School Board, severally, respecting a portion of the property at 20 Brunel Court, substantially on the terms and conditions outlined in Appendix A to the report (June 10, 2019) from the Acting Director, Real Estate Services, and the General Manager, Parks, Forestry and Recreation, and on such other terms and conditions deemed appropriate by the Deputy City Manager, Corporate Services, in consultation with the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.

2.  City Council approve the City of Toronto's proportionate share of 41.9 percent for the Shared Facilities Agreement which includes 5.3 percent to be recovered from the third-party child care operator.

3.  City Council authorize the Deputy City Manager, Corporate Services, or their designate, to administer and manage the Leases, including the provision of any consents, approvals, waivers, notices, and notices of termination, provided that the Deputy City Manager, Corporate Services, may, at any time, refer consideration of such matters to City Council for its determination and direction.

4.  City Council authorize the City of Toronto to enter into a Shared Facilities Agreement with the Toronto District School Board and the Toronto Catholic District School Board, substantially on the terms and conditions outlined in Appendix B to the report (June 10, 2019) from the Acting Director, Real Estate Services, and the General Manager, Parks, Forestry and Recreation, and on such other terms and conditions deemed appropriate by the General Manager, Parks, Forestry and Recreation, in consultation with the Deputy City Manager, Corporate Services, and in a form satisfactory to the City Solicitor.

5.  City Council authorize the City of Toronto to enter into any Ancillary Agreements and other agreements, documents, notices, or instruments contemplated under or necessary to give effect to the Leases and the Shared Facilities Agreement (Ancillary Agreements) on the terms and conditions deemed appropriate by the Deputy City Manager, Corporate Services, in consultation with the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.

6.  City Council authorize the Director, Real Estate Services, to execute the Leases and Ancillary Agreements relating to the Leases, on behalf of the City of Toronto.

7.  City Council authorize the General Manager, Parks, Forestry and Recreation, to execute the Shared Facilities Agreement and Ancillary Agreements relating to the Shared Facilities Agreement, on behalf of the City of Toronto.

8.  City Council authorize the General Manager, Parks, Forestry and Recreation, in consultation with the Deputy City Manager, Corporate Services, to amend the Shared Facilities Agreement as necessary, from time to time, provided the amendments are not materially inconsistent with the original Shared Facilities Agreement and in a form satisfactory to the City Solicitor.

9.  City Council approve the establishment of an obligatory reserve fund account called the Canoe Landing Reserve Fund in Schedule 15 - Third Party Agreements Obligatory Reserve Funds of the City of Toronto Municipal Code Chapter 227 (Reserves and Reserve Funds), the purpose of which is to provide funding for minor and major repairs, replacements, and capital improvements for the Canoe Landing Facility and related property as outlined in Appendix C to the report (June 10, 2019) from the Acting Director, Real Estate Services, and the General Manager, Parks, Forestry and Recreation.

10.  City Council authorize the amendment of the Umbrella Agreement dated October 21, 1994 between the predecessors of the City of Toronto, the Toronto District School Board, and the Toronto Catholic District School Board and the Development Agreement dated May 1, 2014 between the City of Toronto, the Toronto District School Board, and the Toronto Catholic District School Board, such that the requirements in those Agreements to enter into:

a.  a ground lease from the City to the School Boards and the City, collectively, as ground lessee;

b.  space leases from the ground lessee to each of the City and the School Boards;

c.  a Facilities Agreement among the ground lessee parties;

d.  a Shared Use Park Agreement between the City and the ground lessee; and

e.  any other agreements relating to the Facility, as outlined in the report (June 10, 2019) from the Acting Director, Real Estate Services, and the General Manager, Parks, Forestry and Recreation,

are superceded by the Leases and Shared Facilities Agreement authorized by Recommendations 1 and 3 and are of no further force and effect.

The purpose of this report is to seek Council authority to enter into agreements with the Toronto District School Board and the Toronto Catholic District School Board for the leasing and shared use of 20 Brunel Court, in accordance with Item EX38.3, titled Block 31 in the Railway Lands - Development Agreement, Update and Next Steps, adopted by City Council on February 19, 2014.