Item - 2023.EX3.3

The Executive Committee recommends that:

1. City Council authorize the City Manager to finalize and execute on behalf of the City of Toronto an Amended and Restated Master Agreement with the Canadian National Exhibition Association, Exhibition Place and the City for a term of five (5) years starting on April 1, 2023 and expiring on March 31, 2028, and a renewal term of a further five (5) years, substantially on the terms and conditions set out in Attachment 1 to the report (March 6, 2023) from the City Manager and such other terms and conditions as may be satisfactory to the City Manager and the Chief Executive Officer, Exhibition Place, and in a form satisfactory to the City Solicitor.

2. City Council authorize the General Manager, Parks, Forestry and Recreation to finalize and execute on behalf of the City, Licence Agreements for use of Coronation Park and Marilyn Bell Park by the Canadian National Exhibition Association for the purposes of the Canadian National Exhibition at a nominal fee for a term of five (5) years starting on April 1, 2023 and expiring on March 31, 2028, and a renewal term of a further five (5) years, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation and in a form satisfactory to the City Solicitor, and to grant permits on an annual basis at a nominal fee for such use, subject to the Canadian National Exhibition Association meeting all required terms and conditions of the application process and permit holders.

Since 2013, the City has been party to a Master Agreement with the Canadian National Exhibition Association (CNEA) and the Board of Governors of Exhibition Place (Exhibition Place) that governs the use by CNEA of Exhibition Place grounds for hosting the 18-day Canadian National Exhibition (CNE).

The existing agreement expires on March 31, 2023, and the proposed term of the Amended and Restated Master Agreement is April 1, 2023 to March 31, 2028, with the possibility of renewal for a further five years on terms and conditions as agreed by the parties. The proposed Master Agreement requires the CNEA to pay licence fees for the use of Exhibition Place grounds at discounted rates, and for services provided through Exhibition Place at cost plus a 12% administrative fee. This report recommends City Council enter into an Amended and Restated Master Agreement, which has already been approved by the Boards of Exhibition Place and the CNEA.

The report also recommends that the General Manager of Parks, Forestry and Recreation be authorized to execute nominal fee Licence Agreements and grant nominal fee permits on an annual basis for use of portions of Coronation Park and Marilyn Bell Park for the CNE for a five-year term, and provision for a renewal term of a further five years.

At its meeting on February 2, 2023 the Board of Governors of Exhibition Place considered item EP2.7.

Summary from the report January 19, 2023 from the Chief Executive Officer, Exhibition Place:

This report recommends, subject to obtaining the necessary City of Toronto authorization that the Board enter into an Amended and Restated Master Agreement dated April 1, 2023 between the Board, the City, and the Canadian National Exhibition Association, commencing April 1, 2023 and expiring March 31, 2028, plus a contemplated renewal term of five (5) years.

In accordance with the current Master Agreement, negotiations of a Second Renewal Term (commencing April 1, 2023) were to be for “the purpose of having the CNEA pay a license fee reflective of the rental prices then approved by the Board to be consistent with Council direction. This arrangement has not yet been achieved due to the COVID-19 pandemic in 2020 and 2021 which resulted in cancellation of the Fair, however, the proposed renewal terms in the Amended and Restated Master Agreement recommended in this report, will provide a basis for a similar arrangement/requirement in the future negotiations assuming the continued success in hosting the fair.

The substantial terms and conditions of the Amended and Restated Master Agreement are set out in Appendix A to this report are recommended for approval by the CNEA Board at its meeting on January 23, 2023.