Lease of Lands to Toronto Islands

Residential Community Trust - Ward 24

The Economic Development and Parks Committee recommends the adoption of the report (August 23, 1999) from the Commissioner of Economic Development, Culture and Tourism.

The Economic Development and Parks Committee reports, for the information of Council, having requested the Commissioner of Economic Development, Culture and Tourism to report directly to City Council for its meeting of September 28, 1999, on the monetary aspects of the lease and the actual acreage involved.

The Economic Development and Parks Committee submits the following report (August 23, 1999) from the Commissioner of Economic Development, Culture and Tourism:

Purpose:

The purpose of this report is to secure City Council authority to enter into lease agreements with the Toronto Islands Residential Community Trust.

Funding Sources, Financial Implications, and Impact Statement:

There are no financial implications relating to this proposal.

Recommendations:

It is recommended that:

(1)authority be granted for the City of Toronto to enter into Lease Agreements with the Toronto Islands Residential Community Trust respecting the Barge Dock Lands (Part 1, Plan 64R-15103) and part of the lot associated with 34 Bayview Avenue (Part 2 on the Draft Reference Plan submitted by the Trust with its letter of October 4, 1997); and

(2)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Comments:

On July 22, 1996, the Province passed amendments to the regulations of the Toronto Islands Residential Community Stewardship Act 1993, which realigned the responsibilities for certain lands on the Toronto Islands. The lands identified above were intended for inclusion in the lands being transferred to the Trust, however, they were omitted through an administrative oversight. To correct this, at its meetings on October 6 and 7, 1997, the former Toronto City Council authorized the Board of Management to instruct the Commissioner of Community and Neighbourhood Services, in consultation with the City Solicitor, to negotiate and draft an agreement to lease these lands to the Toronto Islands Residential Community Trust for nominal consideration, provided that:

(a)the City shall have no liability with respect to the present or future condition or use of the lands, and shall be indemnified by the Trust with respect to such liability;

(b)the City shall not be responsible for improving the lands or for any future maintenance or other costs associated with the lands; and

(c)the term of the lease shall be for a term of 21 years less a day.

(d)The trust shall be responsible for the costs of registration of the lease documents, if required.

(e)The lease shall include other such terms and conditions as may be required by the Commissioner of Community Services (Commissioner of Economic Development, Culture and Tourism) and the City Solicitor to protect the interests of the City

Council also adopted a recommendation that the lease not come into effect until it was approved by the Financial Advisory Board.

Subsequent to the adoption of these recommendations a lease has been drafted in a form satisfactory to both the Commissioner of Economic Development, Culture and Tourism and the Trust.

With respect to the recommendation requiring approval of the Financial Advisory Board, it is the City Solicitor's opinion that since this approval was not secured prior to the Board's dissolution it is necessary to obtain approval for this transaction from the new Council. In this regard, this report is submitted for the purpose of seeking the necessary approvals to enter into this agreement.

Contact Name:

Mr. John A. Macintyre, 397-4451.

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Councillor Michael Walker, North Toronto, appeared before the Economic Development and Parks Committee in connection with the foregoing matter.