Item - 2022.MM47.106

City Council on July 19, 20, 21 and 22, 2022, adopted the following:

1. City Council amend its previous decision on Item 2021.MM37.29 so that it reads as follows:

1. City Council waive the application of the Community Space Tenancy Policy in respect of the lease transaction including the requirements outlined in the Request for Expressions of Interest in the Community Space Tenancy Policy and declare that it is in the interest of the City to grant a new lease to The Canada Ireland Foundation (the "Tenant") for nominal consideration.

2. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Economic Development and Culture and the Chief Planner and Executive Director, City Planning, to negotiate a nominal sum lease, including any amendments to the Lease, not materially inconsistent with the major terms and conditions set out in Appendix A to the report (November 5, 2021) from the Executive Director, Corporate Real Estate Management, the General Manager, Economic Development and Culture and the Chief Planner and Executive Director, City Planning and in a form acceptable to the City Solicitor.

3. City Council authorize the City, as Landlord to enter into:

a. an agreement  with Tenant to effect the termination and surrender of the existing lease between the City and the Tenant dated September 13, 2019 ("Surrender of Lease");  and

b. the Lease with the Tenant, for a portion of the Administration Building (the "Building") located at 3 Eireann Quay comprising approximately 9,050 square feet (the "Leased Premises") for a twenty (20) year term substantially on the terms and conditions set out in Appendix A to the report (November 5, 2021) from the Executive Director, Corporate Real Estate Management, including State of Good Repair and Accessibility for Ontarians with Disabilities Act work to be carried out at the Building in which the City will contribute up to $1,976,850 (net of Harmonized Sales Tax), together with such other terms and conditions as may be deemed appropriate by the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Economic Development and Culture and the Chief Planner and Executive Director, City Planning, and in a form acceptable to the City Solicitor.

4. City Council authorize the Executive Director, Corporate Real Estate Management, as licensor to enter into a licence extension agreement with the Tenant to extend the licence agreement dated October 29, 2021 (as documented by Delegated Authority Form No. 2021-295) for a further term of up to twelve (12) months, as mutually agreed upon by both parties, for nominal consideration, for the purpose of construction staging in connection with the Tenant's renovation work at the Building (the "Licence Extension Agreement") and amend any terms and conditions as may be deemed appropriate by the Executive Director, Corporate Real Estate Management.

5. City Council authorize each of the Executive Director, Corporate Real Estate Management and the Director, Transaction Services severally to execute and deliver the Surrender of Lease, the Lease and any amendments to the Lease, the Licence Extension Agreement and any related documents contemplated thereunder on behalf of the City (collectively, the "Agreements").

6. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Economic Development and Culture and the Chief Planner and Executive Director, City Planning to direct the appropriate City staff to collaborate with the Tenant for a protocol on occasional outdoor programming and activation (the "Protocol"); the Protocol shall provide guidance for the provision of occasional and temporary access to the Tenant to the patio/landscaped area immediately adjacent the Building for purposes consistent with the use provisions in the Lease including:

a. the location and extent of areas to which access may be provided;

b. the types of events for which access may be provided; and

c. the frequency of use.

7. City Council authorize the City Solicitor to complete the Agreements on behalf of the City, including amending the commencement date of the Agreements and other dates, and amending terms and conditions, on such terms as the City Solicitor deems advisable.

8. 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 Canada Ireland Foundation, with whom the City of Toronto will execute a lease for the property known as 3 Eireann Quay, for approximately 9,050 square feet owned by the City of Toronto, with respect to a facility used for cultural purposes; and

b. exempt the Leased Premises from taxation for municipal and school purposes, with the tax exemption being effective from the latest of:

1.  the commencement date of the lease;

2.  the date the Municipal Capital Facility Agreement is entered into; and

3.  the date the Tax Exemption By-law is enacted.

9. City Council pass a resolution that the Municipal Capital Facility referenced in Part 8 above is for the purposes of the City of Toronto and is for public use.

10. 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, le Conseil scolaire Viamonde and le Conseil scolaire catholique MonAvenir.

11. City Council direct the Executive Director, Corporate Real Estate Management, to enter into an agreement with PortsToronto to effect a partial surrender of the lease between the City and Ports Toronto dated March 5, 2012, as may be amended from time to time ("Surrender of PortsToronto Lease") to surrender the part of the leased premises within the Building located at 3 Eireann Quay.

12. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Parks, Forestry and Recreation, to negotiate and enter into a license for a term of two years with an option to extend the term for up to one year, with PortsToronto to utilize a portion of 5 Eireann Quay for the purposes of accommodating one portable site office, on terms and conditions as deemed appropriate by the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.