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Toronto City Council · 2020-01-29 · 2020.MM14.1

The filed record

Licence Amending Agreement between the City and the Toronto District School Board for the use of certain premises located at 5 Eireann Quay - by Councillor Joe Cressy, seconded by Councillor Mike Layton

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The decision

2020-01-29 · Toronto City Council · adopted

As filed

City Council on January 29, 2020, adopted the following: 1. City Council authorize the Executive Director, Corporate Real Estate Management to amend the Licence Agreement between the City of Toronto and the Board of Education for the City of Toronto, now the Toronto District School Board, to permit parking (consisting of approximately 15 parking spaces) as a permitted use. 2. City Council authorize the Executive Director, Corporate Real Estate Management to execute and deliver any amendments to the Licence Agreement, and any related documents contemplated thereunder on behalf of the City.

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3. City Council authorize the Executive Director, Corporate Real Estate Management to administer and manage the Licence Agreement and any amendments including the provision of any consents, approvals, waivers, notices and notices of termination, provided that the Executive Director, Corporate Real Estate Management may at any time, refer consideration of such matters to City Council for its determination and direction.

The vote

Adopt Item · Carried, 18-1

For (18)Ana Bailão, Anthony Perruzza, Frances Nunziata, Gord Perks, James Pasternak, Jennifer McKelvie, Jim Karygiannis, Joe Cressy, John Filion, John Tory, Josh Matlow, Kristyn Wong-Tam, Michael Ford, Mike Colle, Mike Layton, Paul Ainslie, Shelley Carroll, Stephen Holyday
Against (1)Denzil Minnan-Wong
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On the agenda

As the city filed it

At its meeting of July 4, 5, 6 and 7, 2017, City Council endorsed the vision, guiding principles and action plan identified in the Bathurst Quay Neighbourhood Plan report (June 8, 2017) from the Director, Community Planning Toronto and East York District; and further, City Council requested the City Planning Division to lead the creation of a strategy to deliver streetscape and public realm improvements envisioned within the Bathurst Quay Neighbourhood Plan, inclusive of (amongst others) a revitalization of the City-owned Canada Malting Silos property at 5 Eireann Quay.

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After an extensive community consultation process, and various subsequent City Council approvals regarding leasing, funding and planning policy matters, implementation of the Bathurst Quay Neighbourhood Plan formally began with an October 25, 2019 ground-breaking ceremony for the project's first of six construction phases. The Bathurst Quay Neighbourhood Plan's second construction phase is scheduled to commence in March 2020. This phase consists, in part, of a reduction and relocation of an existing, shared (by Toronto District School Board and Ports Toronto) surface parking area on the 5 Eireann Quay property. This planned change will increase the amount of open space available for a planned public space on this City-owned waterfront property. Ports Toronto is funding the design, construction and maintenance costs associated with this second construction phase. This proposal has been through a rigorous site plan control process, including extensive community consultation, and detailed technical and design review and revisions by various City divisions and partner agencies. The review process has determined that, while both the existing and proposed Toronto District School Board parking use is permitted under the in-force Zoning By-Law, the License Areement, dated August 18, 1997 between The Corporation of the City of Toronto and The Board of Education for the City of Toronto, now Toronto District School Board, does not permit parking within the Toronto District School Board-licensed portion of the 5 Eireann Quay property. An amendment to the Licence Agreement is therefore required to permit the additional parking use in its proposed new location. Since the Licence Agreement was approved by Toronto City Council, Council authority is required to undertake this amendment and allow construction to proceed as planned in March 2020. The Toronto District School Board is a funding and implementation partner of the Bathurst Quay Neighbourhood Plan, and is supportive of this proposed amendment.

Staff recommended

Councillor Joe Cressy, seconded by Councillor Mike Layton, recommends that: 1. City Council authorize the Executive Director, Corporate Real Estate Management to amend the Licence Agreement between the City of Toronto and the Board of Education for the City of Toronto, now the Toronto District School Board, to permit parking (consisting of approximately 15 parking spaces) as a permitted use. 2. City Council authorize the Executive Director, Corporate Real Estate Management to execute and deliver any amendments to the Licence Agreement, and any related documents contemplated thereunder on behalf of the City.

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3. City Council authorize the Executive Director, Corporate Real Estate Management to administer and manage the Licence Agreement and any amendments including the provision of any consents, approvals, waivers, notices and notices of termination, provided that the Executive Director, Corporate Real Estate Management may at any time, refer consideration of such matters to City Council for its determination and direction.

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