TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

As Considered by

The Council of the City of Toronto

on April 13, 14 and 15, 1999

CORPORATE SERVICES COMMITTEE

REPORT No. 3

1 Lease Agreement (New Owner) -
1860 Wilson Avenue (Ward 6 - North York Humber)

City of Toronto

REPORT No. 3

OF THE CORPORATE SERVICES COMMITTEE

(from its meeting on February 15, 1999,

submitted by Councillor Dick O'Brien, Chair)

As Considered by

The Council of the City of Toronto

on April 13, 14 and 15, 1999

1

Lease Agreement (New Owner) -

1860 Wilson Avenue

(Ward 6 - North York Humber)

(City Council on April 13, 14 and 15, 1999, adopted this Clause, without amendment.)

(City Council on March 2, 3 and 4, 1999, deferred consideration of this Clause, together with the following motion, to the next regular meeting of City Council to be held on April 13, 1999, with a request that a specific time be designated for the consideration thereof:

Moved by Councillor Mammoliti:

"WHEREAS at Toronto City Council on December 16, 1998, Council applied initiatives to create a Bingo Task Force chaired by Councillor Frances Nunziata, York Humber, with an established mandate to report on a city-wide bingo policy; and

WHEREAS the item, Clause No. 19 contained in Report No. 17 of The Corporate Services Committee, headed 'Renewal of Lease - Welfare Office, 1860 Wilson Avenue (Ward 6 - North York Humber)', was adopted, without amendment, by the Council of the City of Toronto at its meeting held on November 25, 26 and 27, 1998; and

WHEREAS Toronto City Council on December 16, 1998, deferred consideration of Recommendation No. (1) of the Emergency and Protective Services Committee to relocate the Delta Mayfair Bingo Hall from 525 Wilson Avenue (Ward 8) to 1860 Wilson Avenue (Ward 6), to the Toronto City Council meeting of March 2, 1999; and

WHEREAS during the two-month deferral, Councillors Moscoe, Mammoliti and Berger have consulted directly with interested parties on how these issues apply to a City Welfare Office and/or lease agreement and west end Bingo Hall; and

WHEREAS at the Budget Committee on January 19, 1999, it was reported by City staff that there was new information regarding the property ownership at 1860 Wilson Avenue and a new lease agreement for a City Welfare Office and how it would affect City policy and have additional long-term financial implications; and

WHEREAS the Budget Committee on January 19, 1999, was notified that the new owners of the proposed Welfare Office at 1860 Wilson Avenue are now Delta Mayfair Bingo Group; and

WHEREAS Delta Mayfair Bingo Group (364511 Ontario Limited) have written to Councillor Mammoliti indicating agreement to the content of this motion;

NOW THEREFORE BE IT RESOLVED THAT the leasing arrangement with 364511 Ontario Limited (a.k.a. Delta Mayfair Bingo) respecting the City of Toronto's Welfare Office located at 1860 Wilson Avenue be amended to allow for the City's option to terminate the tenancy of this lease on 90 days' prior written notice between the period April 1, 1999, to March 31, 2001.")

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(Clause No. 15 of Report No. 2 of The Corporate Services Committee

headed "Lease Agreement [New Owner] - 1860 Wilson Avenue

[Ward 6 - North York Humber]")

The Corporate Services Committee recommends the adoption of the following report (February 11, 1999) from the Commissioner of Corporate Services:

Purpose:

To seek Council's concurrence to conclude leasing arrangements with the new owner of 1860 Wilson Avenue on terms previously authorized.

Financial Implications:

As set out in Clause No. 19 of Report No. 17 of The Corporate Services Committee, adopted by Council on November 25, 26 and 27, 1998, and attached as Appendix A.

Recommendations:

It is recommended that:

(1) a leasing arrangement with 364511 Ontario Limited or its successors ("364511") be concluded, on the terms and conditions set out in and in accordance with Appendix "A" herein; and

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

Background:

By its adoption of Clause No. 19 of Report No. 17 of The Corporate Services Committee on November 25, 26 and 27, 1998, Council authorized a lease agreement with the Banca Commerciale Italiana of Canada ("Banca"), the Mortgagee then in Possession of the property located at 1860 Wilson Avenue for approximately 23,194 square feet of space, at a rent of $6.00 per square foot, net, plus a minimum of 80 parking spaces for use as a welfare office for a term of five years commencing November 1, 1998, with a provision allowing the City the right to terminate the lease by giving the Landlord six months' written notice after the end of the third year.

On December 1, 1998, the representative of Banca provided written notice that the property had been sold to 364511, effective as of that date. Concurrence has now been received from 364511 to continue to lease the premises to the City on the same terms and conditions as previously approved by Council with respect to Banca for a term of 4 years, 11 months, commencing December 1, 1998.

Comments:

To document the existing leasing arrangement with 364511 as the new owner, a Council authority is required. In order for this report to be simultaneously considered, with Councillor Mammoliti's notice of motion to re-open the previously approved authority contained in Appendix "A", which is scheduled to be considered by Council on March 2, 1999, makes it sufficiently urgent to request that this report be included on the Corporate Services Committee's Agenda on Monday, February 15, 1999. The Commissioner of Community and Neighbourhood Services has been advised of the sale and continues to approve of the leasing arrangements at this location.

Contact Name:

Mr. Glen Hamilton, Valuator-Negotiator; Telephone No. (416) 392-5838;

Fax No.: (416) 392-4828; E-mail Address: glen_hamilton@metrodesk.metrotor.on.ca.

(A copy of Clause No. 19 of Report No. 17 of The Corporate Services Committee which was attached to the foregoing report was forwarded to all Members of Council with the February 15, 1999, agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)

(City Council on March 2, 3 and 4, 1999, had before it, during consideration of the foregoing Clause, the following communications:

(i) (October 30, 1998) from Mr. Ira T. Kagan, Kagan Zucker Feldbloom Shastri, Barristers and Solicitors, acting for 364511 Ontario Ltd. (Delta Bingo Mayfair) respecting the relocation of Delta Mayfair Bingo from 252 Wilson Avenue to 1860 Wilson Avenue;

(ii) (February 23, 1999) from Mr. James M. Wortzman, Teplitsky, Colson, Barristers, requesting that the application with respect to the Delta Bingo Hall, 1860 Wilson Avenue be referred back to staff for further consideration;

(iii) (February 25, 1999) from Mr. Jonathan Kulathungam, Teplitsky, Colson, Barristers, requesting that Council defer the decision with respect to the relocation of the Delta Mayfair Bingo Hall until the joint report from the Commissioner of Corporate Services and the City Clerk is considered;

(iv) (February 25, 1999) from Mr. Jeff Phillips Sexton, Congregation Shaarei Tzedek, advising of the adverse effect the relocation of the Delta Mayfair Bingo Hall will have on the operation of Finch Bingo;

(v) (March 1, 1999) from Mr. Stephen Diamond, McCarthy Tétrault, Barristers and Solicitors, requesting that Council refer the matter of the relocation of the Delta Bingo Hall back to the Emergency and Protective Services Committee for further consideration; and

(vi) (March 1, 1999) from Mr. Jonathan Kulathungam, Teplitsky, Colson, Barristers, submitting further information with respect to the proposed relocation of the Delta Mayfair Bingo Hall; and again requesting that Council defer its decision in this regard.)

Respectfully submitted,

DICK O'BRIEN

Chair

Toronto, February 15, 1999

(Report No. 3 of The Corporate Services Committee was adopted, without amendment, by City Council on April 13, 14 and 15, 1999.)