Item - 2023.EX3.3

Tracking Status

  • City Council adopted this item on March 29, 2023 with amendments.
  • This item was considered by the Executive Committee on March 21, 2023 and adopted without amendment. It will be considered by City Council on March 29, 2023.
  • See also Item EP2.7

EX3.3 - Amended and Restated Master Agreement with the Canadian National Exhibition Association, Exhibition Place and City of Toronto

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on March 29, 30 and 31, 2023, adopted the following:

 

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 years starting on April 1, 2023, and expiring on March 31, 2028, and a renewal term of a further five 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 years starting on April 1, 2023, and expiring on March 31, 2028, and a renewal term of a further five 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.

 

3. City Council request the Canadian National Exhibition Association, in managing the Canadian National Exhibition and the Exhibition Grounds, to do everything practicable to assist the City to reach net-zero climate pollution by 2040, in a manner consistent with TransformTO.

Background Information (Committee)

(March 6, 2023) Report from the City Manager on Amended and Restated Master Agreement with the Canadian National Exhibition Association, Exhibition Place and City of Toronto
https://www.toronto.ca/legdocs/mmis/2023/ex/bgrd/backgroundfile-234813.pdf
Attachment 1 - Amended and Restated Master Agreement - Proposed Terms and Conditions
https://www.toronto.ca/legdocs/mmis/2023/ex/bgrd/backgroundfile-234814.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Dianne Saxe (Carried)

That:

 

1. City Council request that Canadian National Exhibition Association, in managing the Canadian National Exhibition and the Exhibition Grounds, do everything practicable to assist the City to reach net-zero climate pollution by 2040, in a manner consistent with TransformTO.


Motion to Adopt Item as Amended (Carried)

3a - Amended and Restated Master Agreement with the Canadian National Exhibition Association and City of Toronto - Results of Second Renewal Negotiations

Background Information (Committee)
(February 2, 2023) Letter from the Board of Governors of Exhibition Place on Amended and Restated Master Agreement with the Canadian National Exhibition Association and City of Toronto - Results of Second Renewal Negotiations
https://www.toronto.ca/legdocs/mmis/2023/ex/bgrd/backgroundfile-234848.pdf

EX3.3 - Amended and Restated Master Agreement with the Canadian National Exhibition Association, Exhibition Place and City of Toronto

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Committee Recommendations

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.

Origin

(March 6, 2023) Report from the City Manager

Summary

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.

Background Information

(March 6, 2023) Report from the City Manager on Amended and Restated Master Agreement with the Canadian National Exhibition Association, Exhibition Place and City of Toronto
https://www.toronto.ca/legdocs/mmis/2023/ex/bgrd/backgroundfile-234813.pdf
Attachment 1 - Amended and Restated Master Agreement - Proposed Terms and Conditions
https://www.toronto.ca/legdocs/mmis/2023/ex/bgrd/backgroundfile-234814.pdf

Motions

1 - Motion to Adopt Item moved by Councillor Gary Crawford (Carried)

3a - Amended and Restated Master Agreement with the Canadian National Exhibition Association and City of Toronto - Results of Second Renewal Negotiations

Origin
(February 2, 2023) Letter from the Board of Governors of Exhibition Place
Summary

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.

Background Information
(February 2, 2023) Letter from the Board of Governors of Exhibition Place on Amended and Restated Master Agreement with the Canadian National Exhibition Association and City of Toronto - Results of Second Renewal Negotiations
https://www.toronto.ca/legdocs/mmis/2023/ex/bgrd/backgroundfile-234848.pdf
Source: Toronto City Clerk at www.toronto.ca/council