Release of City's Property Interest at 131 McCaul Street

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The decision

2020-09-30 · Toronto City Council · amended

As filed

City Council on September 30, October 1 and 2, 2020, adopted the following: 1. City Council authorize the City of Toronto to give a release to Tribute (McCaul Street) Limited of any interest the City may have (the "Disputed City Interest") in the lands legally described in Appendix B to the report (August 27, 2020) from the Executive Director, Corporate Real Estate Management and the City Solicitor (the "Restricted Lands"),

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pursuant to a deed from the City to the Congregation of the Most Holy Redeemer, registered as Instrument Number 50874EP on September 14, 1944 (the "1944 Deed"), on the terms set out in Appendix C to the report (August 27, 2020) from the Executive Director, Corporate Real Estate Management and the City Solicitor, and on such other terms that are acceptable to the Executive Director, Corporate Real Estate Management, in consultation with the City Solicitor. 2. City Council authorize that any proceeds received by the City in exchange for a release of the City's interest in the property at 131 McCaul Street be utilized as a contribution to the development of non-profit affordable housing at 25 Bellevue Avenue, Toronto. 3. City Council direct that Confidential Attachment 1 to the report (August 27, 2020) from the Executive Director, Corporate Real Estate Management and the City Solicitor remain confidential in its entirety, as it relates to potential litigation against the City; contains commercial and financial information, supplied in confidence to the City, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual negotiations of an organization; and contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (August 27, 2020) from the Executive Director, Corporate Real Estate Management and the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it relates to potential litigation against the City; it contains commercial and financial information, supplied in confidence to the City, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual negotiations of an organization; and it contains advice that is subject to solicitor-client privilege.

On the agenda

As the city filed it

This report seeks City Council authorization to grant a release to Tribute (McCaul Street) Limited (the "Developer") of any interest the City may have in a portion of the lands municipally known as 131 McCaul Street, and legally described in Appendix B (the "Restricted Lands"), pursuant to a deed from the City to the Congregation of the Most Holy Redeemer (the "Church"). In 1944, a portion of 131 McCaul Street was acquired by the Church from the City.

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A map showing the general location of the property is provided in Attachment A. The 1944 Deed to the Church provided that the grant of the lands was for so long as they are used for recreational purposes, that they were to be used for such purposes, and that they would vest again in the City in the event that they cease to be used for such purposes. The Church has since entered into a sale agreement with the Developer to sell a larger development parcel, inclusive of these lands, and has requested that the City release any interest it may have in the lands pursuant to the 1944 Deed, while also disputing that the City currently has any enforceable interest. City staff, taking into consideration legal advice from the City Solicitor contained in Confidential Attachment 1, are seeking City Council authorization to grant the release on proposed terms and conditions negotiated with the Developer (Attachment C).

Staff recommended

The Executive Director, Corporate Real Estate Management and the City Solicitor, recommend that: 1. City Council authorize the City of Toronto to give a release to Tribute (McCaul Street) Limited of any interest the City may have (the "Disputed City Interest") in the lands legally described in Appendix B (the "Restricted Lands"), pursuant to a deed from the City to the Congregation of the Most Holy Redeemer, registered as Instrument Number 50874EP on September 14, 1944 (the "1944 Deed"), on the terms set out in Appendix C, and on such other terms that are acceptable to the Executive Director, Corporate Real Estate Management, in consultation with the City Solicitor.

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2. City Council direct that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it (i) relates to potential litigation against the City; (ii) contains commercial and financial information, supplied in confidence to the City, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual negotiations of an organization; and, (iii) contains advice that is subject to solicitor-client privilege.

Considered

2020-09-14 · General Government and Licensing Committee · adopted
Decision as filed
The General Government and Licensing Committee recommends that: 1. City Council authorize the City of Toronto to give a release to Tribute (McCaul Street) Limited of any interest the City may have (the "Disputed City Interest") in the lands legally described in Appendix B to the report (August 27, 2020) from the Executive Director, Corporate Real Estate Management and the City Solicitor (the "Restricted Lands"), pursuant
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to a deed from the City to the Congregation of the Most Holy Redeemer, registered as Instrument Number 50874EP on September 14, 1944 (the "1944 Deed"), on the terms set out in Appendix C to the report (August 27, 2020) from the Executive Director, Corporate Real Estate Management and the City Solicitor, and on such other terms that are acceptable to the Executive Director, Corporate Real Estate Management, in consultation with the City Solicitor. 2. City Council direct that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it relates to potential litigation against the City; contains commercial and financial information, supplied in confidence to the City, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual negotiations of an organization; and contains advice that is subject to solicitor-client privilege.
2020-09-30 · Toronto City Council · amended

On the record

The item as the City filed it

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