Item - 2023.EX4.8

Tracking Status

  • City Council adopted this item on May 10, 2023 with amendments.
  • This item was considered by Executive Committee on May 2, 2023 and was adopted with amendments. It will be considered by City Council on May 10, 2023.
  • See also 2023.RA3.7

EX4.8 - Transfer of 260 Adelaide Street West to Build Toronto Inc.

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

City Council Decision

City Council on May 10, 11 and 12, 2023, adopted the following:

 

1. City Council transfer 260 Adelaide Street West to CreateTO or to Build Toronto Inc. or an affiliate of Build Toronto Inc. as determined by the Chief Legal Counsel and Corporate Secretary, CreateTO at nominal value.

 

2. City Council approve the business case and sale of 260 Adelaide Street West based on the terms and conditions set out in Confidential Attachment 1 to the report (March 9, 2023) from the Chief Executive Officer, CreateTO.

 

3. City Council authorize the Executive Director, Corporate Real Estate Management, to enter into an agreement to transfer 260 Adelaide Street West, including agreements related thereto, to a CreateTO managed corporation known as Build Toronto Inc., or an affiliate of Build Toronto Inc., substantially on the terms and conditions set out in Confidential Attachment 1 to the report (April 18, 2023) from the Executive Director, Corporate Real Estate Management and such other and amended terms and conditions that are acceptable to the Executive Director, Corporate Real Estate Management and in a form satisfactory to the City Solicitor.

 

4. City Council authorize severally each of the Executive Director, Corporate Real Estate Management and the Director, Transaction Services to execute the documents required to complete the transfer transaction. 

 

5. City Council transfer $5,775,000 from under the following listed Section 37 (Planning Act Reserve Fund) community benefits collected accounts to the Capital Revolving Reserve Fund for Affordable Housing (XR1058) for the purpose of creating new affordable rental housing at 254-260 Adelaide Street West:

 

a. 400 Front Street West, secured for affordable housing, in the amount of $3,000,000 (XR3026-3701227);

 

b. 64-86 Bathurst Street. secured for affordable housing in the amount of $335,311 (XR3026- 370127)

 

c. 357-363 King Street West and 62 Peter Street, secured for a variety of benefits including public housing improvements, in the amount of $1,639,810 (XR3026-3701038) (XR3026-3701038); and

 

d. 64-86 Bathurst Street, secured for community services and facilities, in the amount $799,879 (XR3026-3701279). 

 

6. City Council authorize the Executive Director, Housing Secretariat, to provide capital funding in the amount of $5,775,000 from the Capital Revolving Reserve Fund for Affordable Housing (XR1058) to the owner of 254-260 Adelaide Street West for the purposes of funding affordable housing, with such funding to be secured through a municipal housing facility agreement. 

 

7. City Council authorize the public release of Confidential Attachment 1 to the report (March 9, 2023) from the Chief Executive Officer, CreateTO following the closing of all the transactions contemplated in the Agreements and at the discretion of the Chief Executive Officer, CreateTO.

 

8. City Council authorize the public release of Confidential Attachment 1 to the report (April 18, 2023) from the Executive Director, Corporate Real Estate Management following the closing of the transactions contemplated in Confidential Attachment 1 to the report (April 18, 2023) from the Executive Director, Corporate Real Estate Management.

 

Confidential Attachment 1 to the report (March 9, 2023) from the Chief Executive Officer, CreateTO remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to a proposed or pending acquisition or disposition of property belonging to CreateTO and/or the City. Confidential Attachment 1 to the report (March 9, 2023) from the Chief Executive Officer, CreateTO will be made public following the closing of all the transactions contemplated in the Agreements and at the discretion of the Chief Executive Officer, CreateTO.

 

Confidential Attachment 1 to the report (April 18, 2023) from the Executive Director, Corporate Real Estate Management remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to a proposed or pending acquisition or disposition of land by the City of Toronto. Confidential Attachment 1 to the report (April 18, 2023) from the Executive Director, Corporate Real Estate Management will be made public following the closing of the transactions contemplated in Confidential Attachment 1 to the report (April 18, 2023) from the Executive Director, Corporate Real Estate Management.

Confidential Attachment - A proposed or pending acquisition or disposition of land by the City of Toronto (the "City")

Background Information (Committee)

(April 18, 2023) Report from the Executive Director, Corporate Real Estate Management on Transfer of 260 Adelaide Street West to Build Toronto Inc.
https://www.toronto.ca/legdocs/mmis/2023/ex/bgrd/backgroundfile-235968.pdf
Confidential Attachment 1 - Details of the Proposed Transfer of 260 Adelaide to Build Toronto Inc.

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Ausma Malik (Carried)

That City Council delete Executive Committee Recommendation 5:

 

Recommendation to be deleted:

 

5. City Council direct $5,775,000 in future Section 37/Community Benefits Charge payments in Ward 10 - Spadina-Fort York to Build Toronto Inc. or an affiliate of Build Toronto Inc. for affordable housing at 260 Adelaide Street West before closing of the subsequent sale of 260 Adelaide Street West.

 

and adopt instead the following new Recommendation 5:

 

1. City Council transfer $5,775,000 from under the following listed Section 37 (Planning Act Reserve Fund) community benefits collected accounts to the Capital Revolving Reserve Fund for Affordable Housing (XR1058) for the purpose of creating new affordable rental housing at 254-260 Adelaide Street West:

 

a. 400 Front Street West, secured for affordable housing, in the amount of $3,000,000 (XR3026-3701227);

 

b. 64-86 Bathurst Street. secured for affordable housing in the amount of $335,311 (XR3026- 370127)

 

c. 357-363 King Street West and 62 Peter Street, secured for a variety of benefits including public housing improvements, in the amount of $1,639,810 (XR3026-3701038) (XR3026-3701038); and

 

d. 64-86 Bathurst Street, secured for community services and facilities, in the amount $799,879 (XR3026-3701279).

 

City Council add the following as recommendation 8:

 

City Council authorize the Executive Director, Housing Secretariat, to provide capital funding in the amount of $5,775,000 from the Capital Revolving Reserve Fund for Affordable Housing (XR1058) to the owner of 254-260 Adelaide Street West for the purposes of funding affordable housing, with such funding to be secured through a municipal housing facility agreement.


Motion to Adopt Item as Amended (Carried)

8a - Sale and Redevelopment of 254 and 260 Adelaide Street West

Background Information (Committee)
(March 27, 2023) Letter from the Board of Directors of CreateTO on Sale and Redevelopment of 254 and 260 Adelaide Street West
https://www.toronto.ca/legdocs/mmis/2023/ex/bgrd/backgroundfile-235956.pdf
(March 9, 2023) Report from the Chief Executive Officer, Create TO on Sale and Redevelopment of 254 and 260 Adelaide Street West
https://www.toronto.ca/legdocs/mmis/2023/ex/bgrd/backgroundfile-235955.pdf
Confidential Attachment 1

EX4.8 - Transfer of 260 Adelaide Street West to Build Toronto Inc.

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

Confidential Attachment - A proposed or pending acquisition or disposition of land by the City of Toronto (the "City")

Committee Recommendations

The Executive Committee recommends that:

 

1. City Council transfer 260 Adelaide Street West to CreateTO or to Build Toronto Inc. or an affiliate of Build Toronto Inc. as determined by the Chief Legal Counsel and Corporate Secretary, CreateTO at nominal value.

 

2. City Council approve the business case and sale of 260 Adelaide Street West based on the terms and conditions set out in Confidential Attachment 1 to the report (March 9, 2023) from the Chief Executive Officer, CreateTO.

 

3. City Council grant authority to the Executive Director, Corporate Real Estate Management, to enter into an agreement to transfer 260 Adelaide Street West, including agreements related thereto, to a CreateTO managed corporation known as Build Toronto Inc., or an affiliate of Build Toronto Inc., substantially on the terms and conditions set out in Confidential Attachment 1 to the report (April 18, 2023) from the Executive Director, Corporate Real Estate Management and such other and amended terms and conditions that are acceptable to the Executive Director, Corporate Real Estate Management and in a form satisfactory to the City Solicitor.

 

4. City Council authorize severally each of the Executive Director, Corporate Real Estate Management and the Director, Transaction Services to execute the documents required to complete the transfer transaction. 

 

5. City Council direct $5,775,000 in future Section 37/Community Benefits Charge payments in Ward 10 - Spadina-Fort York to Build Toronto Inc. or an affiliate of Build Toronto Inc. for affordable housing at 260 Adelaide Street West before closing of the subsequent sale of 260 Adelaide Street West.

 

6. City Council authorize the public release of Confidential Attachment 1 to the report (March 9, 2023) from the Chief Executive Officer, CreateTO following the closing of all the transactions contemplated in the Agreements and at the discretion of the Chief Executive Officer, CreateTO.

 

7. City Council authorize the public release of Confidential Attachment 1 to the report (April 18, 2023) from the Executive Director, Corporate Real Estate Management following the closing of the transactions contemplated in Confidential Attachment 1 to the report (April 18, 2023) from the Executive Director, Corporate Real Estate Management.

Origin

(April 18, 2023) Report from the Executive Director, Corporate Real Estate Management

Summary

The purpose of this report is to seek City Council authority for the transfer of the City-owned property at 260 Adelaide Street West ("260 Adelaide") from the City to a CreateTO managed corporation, Build Toronto Inc., or an affiliate of Build Toronto Inc. 260 Adelaide was declared surplus by City Council on October 29, 2019 through Item EX9.6 - "Property Acquisition for Strategic City Building." This report is also in response to direction received in Item EX26.2 - "Redevelopment of 260 Adelaide Street West" to report back to Executive Committee for approval of the business plan for the redevelopment of 229 Richmond Street and Metro Hall funded by the redevelopment and sale of 260 Adelaide Street West.

 

Given the strategic and City-building objectives, it is recommended that this report and the transmitted CreateTO Board report RA3.7 - "Sale and Redevelopment of 254 and 260 Adelaide Street West" be considered jointly by City Council.

Background Information

(April 18, 2023) Report from the Executive Director, Corporate Real Estate Management on Transfer of 260 Adelaide Street West to Build Toronto Inc.
https://www.toronto.ca/legdocs/mmis/2023/ex/bgrd/backgroundfile-235968.pdf
Confidential Attachment 1 - Details of the Proposed Transfer of 260 Adelaide to Build Toronto Inc.

Motions

1 - Motion to Amend Item (Additional) moved by Councillor James Pasternak (Carried)

That the Executive Committee adopt the following recommendations in the letter (March 27, 2023) from the Board of Directors of CreateTO:

 

1. City Council transfer 260 Adelaide Street West to CreateTO or to Build Toronto Inc. or an affiliate of Build Toronto Inc. as determined by the Chief Legal Counsel and Corporate Secretary, CreateTO at nominal value.

 

2. City Council approve the business case and sale of 260 Adelaide Street West based on the terms and conditions set out in Confidential Attachment 1 to the report (March 9, 2023) from the Chief Executive Officer, CreateTO.

 

3. City Council authorize the public release of Confidential Attachment 1 to the report (March 9, 2023) from the Chief Executive Officer, CreateTO following the closing of all the transactions contemplated in the Agreements and at the discretion of the Chief Executive Officer, CreateTO.


Motion to Adopt Item as Amended moved by Deputy Mayor Jennifer McKelvie (Carried)

8a - Sale and Redevelopment of 254 and 260 Adelaide Street West

Origin
(March 9, 2023) Letter from the Board of Directors of CreateTO
Summary

At its meeting on March 27, 2023 the Board of Directors of CreateTO considered item RA3.7  and made recommendations to City Council.

 

Summary from the report March 9, 2023 from the Chief Executive Officer, CreateTO:

 

The purpose of this report is to receive Board approval to sell 260 Adelaide Street West (the "Site") with an option to enter into a joint venture to redevelop the Site based on the negotiated terms and conditions set out in Confidential Attachment 1. Management is further seeking approval on the updated business case to achieve significant city building including a new at-grade public park at 229 Richmond Street West and the construction of other important City facilities across several City-owned properties.

 

The business case will fund the relocation of Fire Station 332 from 260 Adelaide Street West to Metro Hall. It will also repay approximately half of the City's acquisition costs of the adjacent property at 229 Richmond Street West and pay for the relocation of existing City tenants to free up space for the new Fire Station at Metro Hall.

 

The redevelopment of 260 Adelaide and the resulting revenue generated will contribute to other significant city building benefits including a minimum of 20 per cent affordable housing, a new Toronto Paramedic Services post and new community space.

Background Information
(March 27, 2023) Letter from the Board of Directors of CreateTO on Sale and Redevelopment of 254 and 260 Adelaide Street West
https://www.toronto.ca/legdocs/mmis/2023/ex/bgrd/backgroundfile-235956.pdf
(March 9, 2023) Report from the Chief Executive Officer, Create TO on Sale and Redevelopment of 254 and 260 Adelaide Street West
https://www.toronto.ca/legdocs/mmis/2023/ex/bgrd/backgroundfile-235955.pdf
Confidential Attachment 1
Source: Toronto City Clerk at www.toronto.ca/council