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Toronto City Council · 2018-12-04 · 2019.MM1.2

The filed record

Funds for the Construction of a New Parks, Forestry and Recreation Community Facility on the Davisville Junior Public School Site (Ward 12) - by Councillor Josh Matlow, seconded by Councillor Mike Layton

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The decision

2018-12-04 · Toronto City Council · adopted

As filed

City Council on December 4, 5 and 13, 2018, adopted the following: 1. City Council authorize the City to enter into an agreement with the Toronto District School Board for the redevelopment of the Davisville Junior Public School that provides for additional grant funding from the City of $1.528 million, resulting in an increase in the City's total commitment from $6.807 million to $8.335 million, to support the design

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and construction of an additional third floor and underground garage, and that provides for the shared use by the City of the gymnasium and ancillary space, on terms satisfactory to the General Manager, Parks, Forestry and Recreation and in a form satisfactory to the City Solicitor; and City Council direct that the 2020 Non-Program Budget include provisions for the disbursement of the additional $1.528 million of Section 37 funds in 2020. 2. In the event that Section 37 funds eligible to support this project are not received by the City prior to when the funds are required in 2020, City Council direct the General Manager, Parks, Forestry, and Recreation to report back to City Council through the 2020 Budget process with options and a funding strategy to allow for the planned scope of this project to be fully implemented. 3. City Council authorize the City to enter into a Lease, as tenant, with the Toronto District School Board for approximately 0.452 acres of land situated in the south west corner of the Davisville Junior Public School site, for a term of 49 years at a base rent of one dollar ($1.00) per annum, and on such other terms and conditions as may be satisfactory to the General Manager, Parks, Forestry and Recreation and the Deputy City Manager, Corporate Services and in a form satisfactory to the City Solicitor, to facilitate the construction by the City of an aquatic and community recreation facility. 4. City Council authorize the City to convey to the Toronto District School Board, for nominal consideration, the City-owned land at Davisville Junior Public School shown as Part 1 on Sketch PS-2017-068 in Schedule A to Member Motion MM1.2 on such terms and conditions as may be acceptable to the General Manager, Parks, Forestry and Recreation and the Deputy City Manager, Corporate Services and in a form satisfactory to the City Solicitor. 5. City Council authorize that the General Manager, Parks, Forestry and Recreation, or successor or designate, to administer and manage the Lease, including the provision of any consents, certificates, approvals, waivers and notices of termination, provided that the General Manager, Parks, Forestry and Recreation, may at any time, refer consideration of such matters to City Council for its determination and direction. 6. City Council authorize the City Solicitor to complete the transactions on behalf of the City, including payment of any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as they consider reasonable.

On the agenda

As the city filed it

At its meeting on July 12, 13, 14 and 15, 2016, City Council adopted Item EX16.16, headed "Constructing a new Parks, Forestry and Recreation Facility on the Davisville Junior Public School Site", granting authority to the General Manager, Parks, Forestry and Recreation to enter into an agreement with the Toronto District School Board to invest in the redevelopment of the Davisville Junior Public School site through future disbursements of Sections 37 and 45 funds totalling $6.807 million.

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The General Manager, Parks, Forestry and Recreation was also directed to include in the 2017 Capital Budget Submission a project for the design and construction of the Davisville community and aquatic facility. The project is divided into two phases: the first phase includes a new 3-storey school with an expanded gymnasium and underground parking garage requiring a City commitment of $6.807 million to be funded from Sections 37; and the second phase includes a City-owned and operated aquatic and community recreation facility on the school's site estimated at $17.135 million, also to be funded from Section 37 funds as well as other development related sources, with construction starting in 2020. The City's share of Phase 1 of this project is included as part of the Non-Program Budget and Phase 2 is included in the 2018-2027 Council Approved Parks, Forestry and Recreation Capital Budget and Plan. The Toronto District School Board has tendered Phase 1 of the project and due to higher construction costs than originally estimated, requires additional funding of $1.528 million for the City's share. A Non-Program budget adjustment will be required to disburse an additional $1.528 million in 2020 to supplement the original City grant to the Toronto District School Board . The $1.528 million is to be funded from identified Section 37 funds which have been secured. At this point $1.451 million of these funds has not been received. However, there are numerous development applications in close proximity to the Davisville site expected to generate sufficient Section 37 funds to cover the balance. The additional funds will be a one-time grant and no further funds will be provided to the Toronto District School Board for any future increases associated with the construction of the school facility. In the event that the additional $1.451 million in Section 37 funding is not received by the time required by the Toronto District School Board, the General Manager, Parks Forestry and Recreation will report back to City Council through the 2020 Budget process on options and a funding strategy to fully implement the planned scope of work. To facilitate this project, it is proposed that the City convey a parcel of City-owned land within the Davisville Junior Public School site to the Toronto District School Board, in exchange for a ground lease that will permit the City to construct, own and operate the aquatic and community recreation facility. In exchange for the grant to be made by the City towards the cost of redeveloping the school, the Toronto District School Board will agree to the shared use with the City as part of the newly constructed school, which will be documented within the ground lease.

Staff recommended

Councillor Josh Matlow, seconded by Councillor Mike Layton, recommends that: 1. City Council authorize the City to enter into an agreement with the Toronto District School Board for the redevelopment of the Davisville Junior Public School that provides for additional grant funding from the City of $1.528 million, resulting in an increase in the City's total commitment from $6.807 million to $8.335 million, to support

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the design and construction of an additional third floor and underground garage, and that provides for the shared use by the City of the gymnasium and ancillary space, on terms satisfactory to the General Manager, Parks, Forestry and Recreation and in a form satisfactory to the City Solicitor; and City Council direct that the 2020 Non-Program Budget include provisions for the disbursement of the additional $1.528 million of Section 37 funds in 2020. 2. In the event that Section 37 funds eligible to support this project are not received by the City prior to when the funds are required in 2020, City Council direct the General Manager, Parks, Forestry, and Recreation to report back to City Council through the 2020 Budget process with options and a funding strategy to allow for the planned scope of this project to be fully implemented. 3. City Council authorize the City to enter into a Lease, as tenant, with the Toronto District School Board for approximately 0.452 acres of land situated in the south west corner of the Davisville Junior Public School site, for a term of 49 years at a base rent of one dollar ($1.00) per annum, and on such other terms and conditions as may be satisfactory to the General Manager, Parks, Forestry and Recreation and the Deputy City Manager, Corporate Services and in a form satisfactory to the City Solicitor, to facilitate the construction by the City of an aquatic and community recreation facility. 4. City Council authorize the City to convey to the Toronto District School Board, for nominal consideration, the City-owned land at Davisville Junior Public School shown as Part 1 on Sketch No. PS-2017-068 attached as Schedule "A" to this Motion, on such terms and conditions as may be acceptable to the General Manager, Parks, Forestry and Recreation and the Deputy City Manager, Corporate Services and in a form satisfactory to the City Solicitor. 5. City Council authorize that the General Manager, Parks, Forestry and Recreation, or successor or designate, to administer and manage the Lease, including the provision of any consents, certificates, approvals, waivers and notices of termination, provided that the General Manager, Parks, Forestry and Recreation, may at any time, refer consideration of such matters to City Council for its determination and direction. 6. City Council authorize the City Solicitor to complete the transactions on behalf of the City, including payment of any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as they consider reasonable.

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