Votes and Motions on GM23.16

City Council has approved the sale of the public lane known as Barnaby Place and an offsetting grant to the Hospital for Sick Children.

Motion to Adopt the Recommendations of the Executive Committee as amended by a motion by Councillor Rae (below):

5/26/2009 6:22:42 PM “GM23.16 - Item as amended” 30 yea+6 nay,2/3 maj,quorum
YES Ashton YES Augimeri YES Bussin [Chair] YES Carroll YES Cho YES De Baeremaeker YES Del Grande YES Di Giorgio YES Filion YES Giambrone YES Grimes YES Hall YES Heaps YES Kelly YES Lee YES Lindsay Luby YES McConnell YES Mihevc YES Milczyn YES Nunziata YES Palacio YES Parker YES Perks YES Perruzza YES Rae YES Saundercook YES Stintz YES Thompson YES Vaughan YES Walker

NO Davis NO Ford NO Holyday NO Jenkins NO Moscoe NO Pantalone

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Motion to Amend Item moved by Councillor Kyle Rae (Amended)

That the following Recommendations 2 and 3 be added and the remaining Recommendations renumbered accordingly:

2. City Council make a grant to the Hospital for Sick Children of $900,000.00 in accordance with section 83 of the City of Toronto Act, 2006 as HSC is not an entity to which such a grant is prohibited under section 82 of the City of Toronto Act, provided the Hospital enters into a grant agreement with the City, satisfactory to the City Solicitor, which requires HSC to re-pay the grant to the City by paying the current market value of the Lane at that time, in the event that the Lane and HSC's adjoining properties on either side of the Lane are not re-developed for hospital purposes and/or are sold for a use other than hospital purposes, and on such other terms and conditions as the Deputy City Manager and Chief Financial Officer deem appropriate.

3. City Council determine that it is in the interests of the City to make the grant to the Hospital for Sick Children.

5/26/2009 6:21:25 PM “GM23.16 - Rae amendment” 29 yea+7 nay,2/3 maj,quorum
YES Ashton YES Bussin [Chair] YES Carroll YES Cho YES De Baeremaeker YES Del Grande YES Di Giorgio YES Filion YES Giambrone YES Grimes YES Hall YES Heaps YES Kelly YES Lee YES Lindsay Luby YES McConnell YES Mihevc YES Milczyn YES Nunziata YES Palacio YES Parker YES Perks YES Perruzza YES Rae YES Saundercook YES Stintz YES Thompson YES Vaughan YES Walker

NO Augimeri NO Davis NO Ford NO Holyday NO Jenkins NO Moscoe NO Pantalone

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Motion by Councillor Rob Ford
That the item be referred to the Chief Corporate Officer to determine the suitability for transfer or turnover to Build Toronto Inc. and report back to the Government Management Committee.

5/26/2009 6:03:14 PM “GM23.16 - Ford - refer Item” 4 yea+29 nay,failed,quorum
YES Del Grande YES Ford YES Holyday YES Jenkins

NO Ashton NO Augimeri NO Bussin [Chair] NO Carroll NO De Baeremaeker NO Di Giorgio NO Filion NO Fletcher NO Grimes NO Hall NO Kelly NO Lee NO Lindsay Luby NO McConnell NO Mihevc NO Milczyn NO Moscoe NO Nunziata NO Palacio NO Pantalone NO Parker NO Perks NO Perruzza NO Rae NO Saundercook NO Stintz NO Thompson NO Vaughan NO Walker

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Original Government Management Committee recommendation:

The Government Management Committee recommends that:

1. City Council, subject to authorizing the permanent closure of the public lane, being the unnamed lane on Plan 60 (aka Barnaby Place) north of Elm Street, abutting Lot 25 and shown as Part 1 on Sketch No. PS-2008-133 (the “Lane”), the City of Toronto enter into an Agreement of Purchase and Sale with the adjoining owner, the Hospital for Sick Children (“HSC”), for the sale of the Lane, in the amount of $900,000.00, substantially on the terms and conditions outlined in Appendix “A” to this report.

2. City Council grant a permanent easement to Enwave Energy Corporation (“Enwave”) and to any other affected utility companies, for nominal consideration, prior to the completion of the sale to HSC on terms and conditions satisfactory to the City in consultation with Enwave and any other affected utility companies.

3. City Council grant authority to direct a portion of the proceeds of closing to fund the outstanding expenses related to the Lane and the completion of the sale transaction.

4. City Council authorize the City Solicitor to complete the transaction on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending or waiving terms and conditions, on such terms as she considers reasonable.