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TDSB – 136 Properties

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TDSB – 136 Properties 1 of 22 DELEGATED APPROVAL FORM DEPUTY CITY MANAGER, CORPORATE SERVICES TRACKING NO.: 2020-241 EXECUTIVE DIRECTOR, CORPORATE REAL ESTATE MANAGEMENT Approved pursuant to the Delegated Authority contained in Article 2 of City of Toronto Municipal Code Chapter 213, Real Property Prepared By: Elliott Baron Division: Corporate Real Estate Management Date Prepared: September 22, 2020 Phone No.: 416-338-3207 Purpose To obtain authority to enter into a letter agreement (the "Agreement") for the non-exclusive use of City of Toronto-owned park and open space lands with the Toronto District School Board (“TDSB”) to support their required space expansion for the safe return-to-school. Property The Agreement will include a list of 147 parks and open space lands requested by the TDSB, as attached in Appendix “A”. Eleven (11) sites highlighted in red are not available, so the remaining 136 (the “Properties”) will be included in the Agreement, which may be amended from time to time. Actions 1. Authority be granted to enter into the Agreement with the TDSB, substantially on the major terms and conditions set out herein, and including such other or amended terms and conditions as may be deemed appropriate by the Executive Director, Corporate Real Estate Management or Director, Transactions Services and in a form acceptable to the City Solicitor. Financial Impact The TDSB will pay to the City of Toronto (the "City") $68,816.00 as lost revenue the City will incur from the standard permits that the TDSB would have renewed in a standard school year prior to the COVID-19 pandemic. In addition, TDSB shall cover the equivalent of any lost revenue the City will incur from cancelling pre-existing permits, programs or services with third parties to accommodate their use. Any costs resulting from service requests or increased service levels required for the use of the Properties will be the responsibility of TDSB. For clarity this letter agreement is meant to be cost neutral to the City. The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial implications as identified in the Financial Impact section. Comments In the Spirit of Partnership during the COVID-19 pandemic, and in accordance with Mayor Tory's offer of access to City facilities and outdoor space to help facilitate school reopening plans, the City has offered the TDSB the non-exclusive use of the City’s outdoor park and open green space. As the TDSB reviews their requirements, the list of spaces may be amended from time to time. The Properties will allow the TDSB to meet the guidelines and requirements of Federal, Provincial and Municipal public health officials. Terms See Page 4 Property Details Ward: All Wards Assessment Roll No.: Approximate Size: Approximate Area: Other Information: 136 properties included Revised: July 2 2020 2 of 22 Executive Director, Corporate Real Estate Deputy City Manager, Corporate A. Management has approval authority for: Services has approval authority for: 1. Acquisitions: Where total compensation does not exceed Where total compensation does not exceed $3 Million. $5 Million. 2. Expropriations: Statutory offers, agreements and settlements Statutory offers, agreements and settlements where total compensation does not cumulatively where total compensation does not cumulatively exceed $3 Million. exceed $5 Million. 3. Issuance of RFPs/REOIs: Issuance of RFPs/REOIs. Issuance of RFPs/REOIs. 4. Permanent Highway Closures: Initiate process & authorize GM, Transportation Initiate process & authorize GM, Transportation Services to give notice of proposed by-law. Services to give notice of proposed by-law. 5. Transfer of Operational Transfer of Operational Management to Divisions, Transfer of Operational Management to Management to Divisions, Agencies and Corporations. Divisions, Agencies and Corporations. Agencies and Corporations: 6. Limiting Distance Agreements: Where total compensation does not exceed Where total compensation does not exceed $3 Million. $5 Million. 7. Disposals (including Leases of Where total compensation does not exceed Where total compensation does not exceed 21 years or more): $3 Million. $5 Million. 8. Exchange of land in Green Exchange of land in Green Space System and Exchange of land in Green Space System and Space System & Parks & Open Parks and Open Space Areas of Official Plan. Parks and Open Space Areas of Official Plan. Space Areas of Official Plan: 9. Leases/Licences (City as (a) Where total compensation (including options/ (a) Where total compensation (including options/ Landlord/Licensor): renewals) does not exceed $3 Million. renewals) does not exceed $5 Million. X (b) Where compensation is less than market value, (b) Where compensation is less than market for periods not exceeding twelve (12) months, value, for periods not exceeding twelve (12) including licences for environmental months, including licences for environmental assessments and/or testing, etc. assessments and/or testing, etc. Delegated to a more senior position. (c) Where compensation is less than market value, provided tenant and lease satisfy Community Space Tenancy Policy criteria set out in Item EX28.8, as adopted by Council on November 7, 8 and 9, 2017, as amended from time to time. 10. Leases/Licences (City as Where total compensation (including options/ Where total compensation (including options/ Tenant/Licensee): renewals) does not exceed $3 Million. renewals) does not exceed $5 Million. 11. Easements (City as Grantor): (a) Where total compensation does not exceed (a) Where total compensation does not exceed $3 Million. $5 Million. (b) When closing roads, easements to pre-existing (b) When closing roads, easements to pre- utilities for nominal consideration. existing utilities for nominal consideration. 12. Easements (City as Grantee): Where total compensation does not exceed Where total compensation does not exceed $3 Million. $5 Million. 13. Revisions to Council Decisions Amendment must not be materially inconsistent Amendment must not be materially inconsistent in Real Estate Matters: with original decision (and subject to General with original decision (and subject to General Condition (U)). Condition (U)). 14. Miscellaneous: (a) Approvals, Consents, Notices and (a) Approvals, Consents, Notices and Assignments under all Leases/Licences Assignments under all Leases/Licences (b) Releases/Discharges (b) Releases/Discharges (c) Surrenders/Abandonments (c) Surrenders/Abandonments (d) Enforcements/Terminations (d) Enforcements/Terminations (e) Consents/Non-Disturbance Agreements/ (e) Consents/Non-Disturbance Agreements/ Acknowledgements/Estoppel Certificates Acknowledgements/Estoppel Certificates (f) Objections/Waivers/Cautions (f) Objections/Waivers/Cautions (g) Notices of Lease and Sublease (g) Notices of Lease and Sublease (h) Consent to regulatory applications by City, (h) Consent to regulatory applications by City, as owner as owner (i) Consent to assignment of Agreement of (i) Consent to assignment of Agreement of Purchase/Sale; Direction re Title Purchase/Sale; Direction re Title (j) Documentation relating to Land Titles (j) Documentation relating to Land Titles applications applications (k) Correcting/Quit Claim Transfer/Deeds (k) Correcting/Quit Claim Transfer/Deeds 3 of 22 B. Deputy City Manager, Corporate Services and Executive Director, Corporate Real Estate Management each has signing authority on behalf of the City for: Documents required to implement matters for which each position also has delegated approval authority. Agreements of Purchase and Sale and all implementing documentation for purchases, sales and land exchanges not delegated to staff for approval. Expropriation Applications and Notices following Council approval of expropriation. Community Space Tenancy Leases approved by delegated authority by the Deputy City Manager, Corporate Services and any related documents. Pre-Condition to Approval X Complies with General Conditions in Appendix B of City of Toronto Municipal Code Chapter 213, Real Property Consultation with Councillor(s) Councillor: Mayor Tory Councillor: Contact Name: Courtney Glen Contact Name: Contacted by: Phone X E-Mail Memo Other Contacted by: Phone E-mail Memo Other Comments: Concurrence – September 16, 2020 Comments: Consultation with Divisions and/or Agencies Division: Parks Forestry and Recreation Division: Financial Planning Contact Name: Christina Iacovino / Rohan Dove Contact Name: Patricia Libardo Comments: Comments incorporated – September 21, 2020 Comments: Comments incorporated – September 18, 2020 Legal Services Division Contact Contact Name: Dale Mellor – Comments incorporated September 15, 2020 DAF Tracking No.: 2020-241 Date Signature Recommended by: Daran Somas Manager, Real Estate Services Sept. 22, 2020 Signed by Daran Somas Recommended by: Alison Folosea Director, Real Estate Services Sept. 22, 2020 Signed by Alison Folosea Recommended by: Executive Director, Corporate Real Estate Management Sept. 23, 2020 Signed by Patrick Motozzo X Approved by: Patrick Matozzo Approved by: Deputy City Manager, Corporate Services X Josie Scioli Josie Scioli 4 of 22 Major Terms and Conditions 1. Term: September 22, 2020 - June 30, 2021; 2. Use: monitored recess and lunch breaks for students, together with physical education and active instructional use by students and teachers, between the hours of 8 a.m. and 4 p.m. Monday to Friday, in accordance with the uses and limitations as set out in Schedule "A"; 3. Safety: TDSB must perform a visual check of the Space to note
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