May 7, 1998

 To:Toronto Community Council

 From:Director, Development and Support, Parks and Recreation, Toronto, City Hall Office

 Subject:Alex Wilson Community Garden (552 & 556 Richmond Street West), Ward 24 (Downtown)

Purpose:To obtain authority for the City to enter into an Operating Agreement with the Alex Wilson Community Garden Corporation that will provide the framework for the ongoing operation and maintenance of the Garden portion of the parklands.

Source of Funds:

No funding impact.

Recommendations:

1. That authority be granted for the City of Toronto to enter into an Operating Agreement with the Alex Wilson Community Garden Corporation (the Corporation) that will provide the framework for the ongoing operation and maintenance of the Garden portion of the parklands.

2. That the appropriate City officials be authorized to take the actions necessary to implement the foregoing.

Comments:

At its meetings on January 13 and October 6 & 7, 1997 the former Toronto City Council authorized the acceptance of a charitable donation from Studio Innova Inc. of the property known municipally as 552 and 556 Richmond Street West for the purposes of establishing the Alex Wilson Community Garden. The acquisition of the subject lands was completed on December 23, 1997. Immediately upon conveyance of the lands a Conservation Land Act Covenant whereby the City covenanted that the lands would be used in perpetuity for community garden and parks purposes was registered on title.

The donor=s objective was that the lands would be donated to the City and that a community garden would be established and operated on the site as a tribute to Alex Wilson, a landscape designer and writer (author of The Culture of Nature) who died in 1993. In this regard, the Corporation was formed as a non-profit corporation for the purposes of operating the garden,further, the Corporation anticipates a decision on an application for charitable status will be forthcoming in the next two or three months. An Operating Agreement is required since the Corporation will be responsible for the day to day operation and maintenance of the Garden.

The Garden will be operated by the Corporation in perpetuity until such time as the Corporation ceases to exist or terms and conditions of the above-noted Operating Agreement are contravened. The perpetual operation is to be secured through the Operating Agreement which will have an initial term of 12 years with an automatic right to renewal by the Corporation for successive 12 year terms provided the Corporation is not in default of the Agreement. The operation of the Garden will comply with all City by-laws, regulations, policies and practices, as amended from time to time. The Corporation will be required to indemnify the City from any claims arising out of the operation of the Garden and will be required to provide insurance in a form satisfactory to the City Treasurer. The Garden will be kept in a clean, neat, well-kept manner and safe condition in accordance with City Standards and in accordance with the rules and regulations that have been jointly developed by the City and the Corporation. Representatives of the City shall have access to the Garden at all times and shall retain rights to inspect activities associated with the Garden.

Contact:

Name:Susan Richardson, Director, Development and Support

E-mail:srichard@city.toronto.on.ca

Tel:392-1941

Fax:392-0845

(Original signed by MB for SR) TF

Susan Richardson

Director, Development and Support - Toronto Parks and Recreation

City Hall Office

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