Nominal Sublicence Agreement with Foodshare Toronto for Use of a Portion of the East Flemingdon Park Hydro Corridor as a Community Garden

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The decision

2025-09-19 · General Government Committee · deferred indefinitely

As filed

The General Government Committee: 1. Deferred the consideration of item GG24.13 indefinitely.

The vote

Defer Item Indefinitely · Carried, 5-0

For (5)Jon Burnside, Lily Cheng, Michael Thompson, Paul Ainslie, Stephen Holyday

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On the agenda

As the city filed it

The purpose of this report is to seek Council authority to enter into a nominal sublicence agreement (the "Sublicence Agreement") with the sublicensee, FoodShare Toronto, to permit the non-exclusive use of up to approximately 0.874 acres of land within the East Flemingdon Park Hydro Corridor at 150 Grenoble Drive (the "Sublicensed Area"),in the vicinity of Don Mills Road and Eglinton Avenue East, as more particularly outlined in Appendix A of this report.

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The proposed Sublicence Agreement will have a five-year term, with one option to extend for an additional five years and will allow FoodShare Toronto to continue operating and potentially expand a community garden under the City's Community Engagement and Entrepreneurial Development Gardens Program. Since 2021, FoodShare Toronto has been using a portion of the Sublicensed Area to operate an urban farm to serve the Flemingdon Park neighbourhood in Don Valley East. FoodShare Toronto is advancing plans to expand the community gardens by approximately 0.3 acres, bringing the total Sublicensed Area to approximately 0.874 acres. The City, as licensee, entered into a Master Licence of Land for Public Recreational Purposes with Ontario Infrastructure and Lands Corporation, as licensor, dated October 26, 2010, covering the corridor lands within the Sublicensed Area. The licence was renewed by agreement on January 17, 2017. The Master Licence Agreement includes a condition requiring the prior written consent of Ontario Infrastructure and Lands Corporation before any sublicence may be granted. Accordingly, the proposed Sublicence Agreement will be subject to obtaining such consent. FoodShare Toronto also requires renewed approval from Hydro One Networks Inc., for continued use of the site, as well as for the proposed expansion of the garden.

Staff recommended

The Executive Director, Corporate Real Estate Management recommends that: 1. City Council authorize the Executive Director, Corporate Real Estate Management to enter into a sublicence agreement (the "Sublicence Agreement") with the Foodshare Toronto for the non-exclusive use of approximately 38,071 square feet (0.874 acres) of land within the East Flemingdon Park Hydro Corridor, as generally outlined in Appendix A, on terms and conditions set out in Appendix B to this report, and on such other or amended terms as may be acceptable to the Executive Director, Corporate Real Estate Management, in a form satisfactory to the City Solicitor.

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2. City Council authorizes each of the Executive Director, Corporate Real Estate Management, and the Director, Real Estate Services, Corporate Real Estate Management individually to execute the Sublicence Agreement, and any related documents on behalf of the City. 3. City Council authorizes the Executive Director, Corporate Real Estate Management to administer and manage any historic sublicence agreements with FoodShare Toronto, including assessing any outstanding arrears, and related repayment plans and relief agreements. 4. City Council authorizes the Executive Director, Corporate Real Estate Management, their successors and designates, to administer and manage the Sublicense Agreement, including the provision of any consents, approvals, waivers, notices (including notice of termination) provided that the Executive Director, Corporate Real Estate Management may, at any time, refer consideration of such matters to City Council for direction and determination.

On the record

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