Proposed Land Lease for Part of the City-owned Property at 311 Staines Road to the Tamil Community Centre

Land Lease based on the terms and conditions outlined in Attachment 2 to the report (September 21, 2020) from the Executive Director, Corporate Real Estate Management, as amended by Part 2 below, with the principals of the Tamil Community Centre (which is expected to be named "Tamil Community Centre"), to design, build, finance and operate a new not-for-profit Community Recreation Facility on the south parcel of the City-owned property at 311 Staines Road, as shown and outlined on Attachment 1 to the report (September 21, 2020) from the Executive Director, Corporate Real Estate Management, and on such other terms and conditions to be agreed between the parties, as may be approved by the Executive Director, Corporate Real Estate Management, and in a form satisfactory to the City Solicitor. 2. City Council amend the conditions outlined in Attachment 2 to the report (September 21, 2020) from the Executive Director, Corporate Real Estate Management to read that, Prior to commencing construction, the Tamil Community Centre shall provide a security deposit to the City in an amount equal to up to 50 percent of the budgeted value of construction for the Project, with the amount to be determined at the sole discretion of the Executive Director, Corporate Real Estate Management, to protect the City should the development not take place as contemplated; such security shall be reduced as work is completed and once the Executive Director, Corporate Real Estate Management is satisfied that all amounts owing to contractors, suppliers, trades and subtrades have been paid in full; and the security deposit shall be in the form of cash, certified cheque or an irrevocable and unconditional Letter of Credit from a major Canadian bank, in the form required by the Chief Financial Officer and Treasurer, and satisfactory to the Deputy City Manager, Corporate Services and shall be delivered to the City, upon issuance of any building permit. 3. City Council direct that the Tamil Community Centre shall be responsible for any and all amounts and costs payable with respect to any claim or litigation with respect to the change in use of the Subject Property, from a naturalized state to a new community centre, to be secured by an irrevocable and unconditional Letter of Credit in the amount of Five Million ($5,000,000.00) Dollars from a major Canadian bank, in the form required by the Chief Financial Officer and Treasurer upon request of the Executive Director, Corporate Real Estate Management. 4. City Council direct that within five (5) years of the commencement date of the lease, the tenant shall deliver to the landlord, documentation as required by the landlord, and to the complete satisfaction of the landlord, confirming the tenant's financial standing with respect of the project, including all fundraising and grant commitments received for the Project. 5. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the Chief Executive Officer, CreateTO, the General Manager, Economic Development and Culture, and the General Manager, Parks, Forestry and Recreation, to enter into a Community Access Agreement to accompany the Land Lease authorized by Part 1 above. 6. City Council direct the Executive Director, Corporate Real Estate Management, in consultation with the Chief Executive Officer, CreateTO, to consult with the Executive Director, Social Development, Finance and Administration and the Director, Indigenous Affairs Office on how to ensure that the Community Access Agreement is developed to best meet the needs of vulnerable and Indigenous communities. 7. City Council direct the Executive Director, Corporate Real Estate Management, in consultation with the Chief Executive Officer, CreateTO and the Director, Indigenous Affairs Office, to report back on the feasibility of how any agreements may include requirements for Indigenous placemaking and how this would be incorporated into any redevelopment of the Subject Property. 8. With respect to restricting the lands to a naturalized state, City Council grant an exemption for the south parcel, and provide its consent and authority to permit the Land Lease on the terms and conditions as set out in Attachment 2 to the report (September 21, 2020) from the Executive Director, Corporate Real Estate Management, as amended by Part 2 above, Community Access Agreement and any related agreements for the new Community Recreation facility. 9. City Council direct the Executive Director, Corporate Real Estate Management, in consultation with the Acting Chief Executive Officer, CreateTO and the Chief Planner and Executive Director, City Planning to work with the Tamil Community Centre and the local Councillor's Office to arrange for a public information session on the proposed development. 10. City Council request the Toronto Public Library Board to explore opportunities to expand programs and services to meet future needs at the site of the new Tamil Community Centre, as deemed reasonable by the Toronto Public Library Board, in consultation with the Tamil Community Centre, including consideration of allocating a portion of the future leased space to the Toronto Public Library for a library and multipurpose rooms. 11. City Council request the Principals of the Tamil Community Centre to commission a transportation impact study as part of the site plan, in consultation with City of Toronto Transportation Services, for Staines Road between Steeles Avenue East and Seasons Drive, to understand the transportation impacts of the community centre usage on the surrounding road network and any necessary traffic management measures to mitigate the impact, and that once completed, City Council request the General Manager, Transportation Services to report back to the Scarborough Community Council on the findings of that study.