Item - 2025.GG21.22

The General Government Committee recommends that:

1. City Council authorize the Executive Director, Corporate Real Estate Management to enter into a sublicense agreement (the "Sublicense Agreement") with the Malvern Family Resource Centre for the non-exclusive use of approximately 114,854 square feet (2.6 acres) of land within the Finch Hydro Corridor, as generally outlined in Appendix A to the report (May 9, 2025) from the the Executive Director, Corporate Real Estate Management, on terms and conditions set out in Appendix C to the report (May 9, 2025) from the the Executive Director, Corporate Real Estate Management, and on such other or amended terms as may be acceptable to the Executive Director, Corporate Real Estate Management, in a form satisfactory to the City Solicitor.

2. City Council authorizes each of the Executive Director, Corporate Real Estate Management, and the Director, Real Estate Services, Corporate Real Estate Management individually to execute the Sublicense Agreement, and any related documents on behalf of the City.

3. City Council authorizes the Executive Director, Corporate Real Estate Management to administer and manage any historic sublicence agreements with Malvern Family Resource Centre, including assessing any outstanding arears, and related repayment plans and relief agreements.

4. City Council authorizes the Executive Director, Corporate Real Estate Management, their successors and designates, to administer and manage the Sublicense Agreement, including the provision of any consents, approvals, waivers, notices (including notice of termination) provided that the Executive Director, Corporate Real Estate Management may, at any time, refer consideration of such matters to City Council for direction and determination.

The purpose of this report is to seek Council authority to enter into a nominal sublicense agreement (the "Sublicense Agreement") with the sublicensee, the Malvern Family Resource Centre, to permit the non-exclusive use of approximately 2.6 acres of land located within the Finch Hydro Corridor, in the vicinity of Morningside Avenue and McNicoll Avenue (the “Sublicensed Area”), as more particularly outlined in Appendix A of this report. The Sublicense Agreement will be for a term of five years with one option to extend for a further term of five years and will allow the Malvern Family Resource Centre to expand and continue operating a community garden under the City’s Community Engagement and Entrepreneurial Development Gardens Pilot Program.

Since 2021, the Malvern Family Resource Centre has been using a portion of the Sublicensed Area to operate a community garden to serve the Malvern neighbourhood in Scarborough. The Malvern Family Resource Centre is advancing plans to expand the community gardens by an additional one acre, bringing the total Sublicensed Area to approximately 2.6 acres.

The City, as licensee, entered into a Master Licence of Land for Public Recreational Purposes dated October 26, 2010 with Ontario Infrastructure and Lands Corporation, as licensor, for the Finch Hydro Corridor lands (the "Master License Agreement"). The Malvern Family Resource Centre has received renewed approval from Hydro One Networks Inc., for continued use of the site, as well as for the proposed expansion of the garden.