ZB7.11 STAFF REPORT To: Board of Management From: Lance Alexander Senior Director, Corporate Projects and Human Resources Subject: TRIPARTITE AGREEMENT UPDATE Date: 2019-10-15 SUMMARY: In 2013 Toronto City Council requested the Toronto Zoo to complete a new licence agreement among the City, the Zoo and Toronto and Region Conservation Authority (the "Tripartite Agreement"). A key part of the new agreement was to redefine of the boundaries of the Toronto Zoo to reflect two major changes. Namely, the addition of lands north of Old Finch Avenue for new breeding and browse facilities and the removal of river valley lands west and south of the Zoo to facilitate transfer of same to Parks Canada for incorporation into the Rouge National Urban Park (RNUP). The end result of the redefined boundaries is that the Toronto Zoo is geographically enveloped by RNUP. Since 2013, negotiations became more complex because of two matters: objection to use of the lands north of Old Finch Avenue for browse production and a desire by Parks Canada and local stakeholders to construct an RNUP Welcome Centre on Zoo Lands east of Meadowvale Road. This report discusses the current status of the Tripartite Agreement. RECOMMENDATION: It is recommended that this report be received for information. FINANCIAL IMPACTS: The Zoo is required to pay $300 annually in rent and is responsible for municipal property taxes estimated at approximately $1,800 annually. There will be ongoing costs for growing and harvesting browse on the site potentially including installation of a well. No structures are planned for the site. COMMENTS: The negotiation of the Tripartite Agreement has proven to be intensive, lengthy and complex. The process over time became more complex due to stakeholder involvement around specific matters such as the proposed location of browse production, the RNUP Welcome Centre, and management of the Finch-Meander. Further, during the latter part of the discussion the Toronto and Region Conservation Authority (TRCA) transferred its lands in the vicinity adjacent the Toronto Zoo to the Parks Canada for incorporation into the Rouge National Urban Park. This thus required subsequent negotiations with Parks Tripartite Agreement Update Page 1 of 3 Canada around specific matters related to the Tripartite Agreement. Below is a summary of the status the elements of the matters woven into the Tripartite Agreement either directly or through association. Welcome Centre In accordance with ZB6.1, adopted by the Board of Management of the Toronto Zoo on August 19, 2019, the Toronto Zoo has agreed to remove the lands known as Parking Lot 4 from the Tripartite Agreement, thereby releasing its control and right to use same. These lands have now been surveyed and the draft Plan of survey is being reviewed and will soon by registered thereby facilitating the transfer of the lands from the TRCA to Parks Canada. Finch Meander As previously required by the TRCA these lands will be transferred to Parks Canada for incorporation into the RNUP. Consequently, they will no longer be within the Zoo's control pursuant to the Tripartite Agreement. The Toronto Zoo and Parks Canada have instead agreed, through an MOU, that Parks Canada will improve these lands through creating controlled public access and design improvements that discourage “social’ trails. The MOU also contains reciprocal access rights such that Toronto Zoo may enter onto RNUP lands to implement security measures, including patrols its fenced perimeter and Parks Canada Wardens may enter onto Zoo property for security enforcement measures, provided they comply with Zoo policies. The MOU is a five (5) year term which can be continually updated by the mutual agreement of the parties. Browse Lease Parks Canada identified an alternate location to permit the Zoo to produce browse. The property is located at the south-west corner of the intersection of Passmore Avenue and Beare Road, being approximately 5 minutes northeast of the Toronto Zoo. A 30 year nominal lease has now been agreed to that allows the Toronto Zoo to produce extensive browse for animal enrichment. The Zoo will be required to create a farm plan for discussion with and approval of the RNUP Superintendent. The lease provides for development of an approved well for watering purposes and contemplates certain reciprocal environmental indemnities. Monorail/Magnovate Lands Parks Canada is not prepared to accept ownership of any lands encumbered by existing infrastructure therefore a novel solution has been proposed to deal with portion of the monorail/Magnovate structure that extends beyond the Zoo's new south-western boundary into the Rouge River valley lands which will transferred to Parks Canada. A stratified plan of survey is currently being prepared by City surveyors to provide Parks Canada with ownership and access to the Rouge River for enforcement purposes while also ensuring that TRCA retains ownership of the lands along the entire length and width of the elevated structure and the lands upon which the footings and columns are located. Once the plan is deposited at the Land Registry Office, the relevant legal descriptions will be incorporated into the Tripartite Agreement. Like all buildings, structures and facilities Tripartite Agreement Update Page 2 of 3 within the Zoo, the Monorail/Magnovate structure belongs to the City and the Zoo has responsibility for its operational control and management. Summary The Council-directed licence renewal process is now extensively complete except for completion of administrative requirements. The Tripartite Agreement can be signed by all three parties once the Monorail/Magnovate related surveying is complete, legal descriptions are finalized and the browse lease and Finch Meander MOU have been signed by Parks Canada and the Zoo. And finally, once the Zoo's boundaries have been formally redefined, the current restriction on transferring TRCA owned lands in the vicinity of the Zoo will be lifted and TRCA will be free to transfer its remaining lands to Parks Canada for inclusion in RNUP, including Parking Lot 4 for establishment of the Welcome Centre. The implementation of this complex project aligns with and promotes the concept of a conservation precinct and strengthens the Zoo’s ongoing partnership with Parks Canada. CONTACT: Lance Alexander Senior Director, Corporate Projects and Human Resources [email protected] 416-392-5911 Lance Alexander Senior Director, Corporate Projects and Human Resources Tripartite Agreement Update Page 3 of 3 .