Motion and Vote oon Item GM30.20

Here is the motion and vote on ite GM30.20 headed "Tuggs Incorporated - Revised Proposal for Redevelopment of the Eastern Beaches Food Service Facilities"

Motion to Adopt Item moved by Councillor Paula Fletcher (Final)
That City Council adopt the following recommendations contain in the report (April 6, 2010) from the General Manager of Parks, Forestry and Recreation, and the Deputy City Manager, Chief financial Officer:

1. The revised proposal from Tuggs Incorporated, dated April 17, 2009 (the "Revised Proposal" attached as Appendix “A”) be accepted, in accordance with the recommendations contained in PE1.3 and the following additional conditions and amendments thereto:

a. the Licensed Premises be expanded to include Ashbridges Bay Park;

b. permission be granted to Tuggs to erect a maximum of three first and/or third party sponsorship signs, as well as a new reader board to be located at Coxwell and Lakeshore Rd. East, subject to compliance with the City’s sign by-law and policies, and placed in locations satisfactory to the General Manager of Parks, Forestry and Recreation, provided that there will be no conflict with any City contracts or programs related to sponsorship;

c. Tuggs existing exclusive vending rights be further expanded to permit the location of one licensed mobile vending truck within the limits of the east parking lot located at Ashbridges Bay;

d. additional authority be granted to Tuggs to sell non-consumable goods and products in the Parklands (entire Eastern Beaches), subject to prior written approval of all such products by the General Manager of Parks, Forestry and Recreation;

e. Tuggs existing exclusive rights to sell alcoholic beverages in Woodbine Beach park be expanded to include Ashbridges Bay Park, subject to Tuggs having obtaining any necessary permits to do so;

f. Council accept Tuggs revised Base Rent proposal of $4,750,000 to the City over a revised term of twenty-one years less a day, being $1,000,000 less than the Base Rent previously approved by Council in 2007;

g. Council accept Tuggs revised guaranteed Sponsorship Revenue sharing payment of $340,000 to the City over the revised term of twenty one years less a day, as detailed in the Revised Proposal, being $410,000 less than the guaranteed Sponsorship Revenue previously approved by Council in 2007;

h. Tuggs be required to contribute $200,000 as set out in section 3.1 of the original proposal to be used for capital improvements Woodbine Beach Park and provided in the year 2011 – 2012. The General Manager of Parks, Forestry and Recreation shall have final approval of the use of the $200,000. and

i. The Term of the agreement be changed from twenty years to twenty-one years less a day commencing with effect from September 17, 2007 and terminating on September 16, 2028.

2. Staff be directed to finalize the agreement with Tuggs as authorized by Council in accordance with the recommendations contained in PE1.3 and as amended by the recommendations set out in this report, to the satisfaction of the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor, subject to Tuggs paying any and all outstanding arrears of taxes and rent.

3. If the agreement referred to in Recommendation 2 above is not executed by Tuggs by June 30, 2010, staff be authorized and directed to give notice to Tuggs to cease and vacate by December 31, 2010, and staff be directed to issue an RFP for the Food Service Facilities at the Eastern Beaches to commence in 2011.


5/12/2010 9:00:05 PM “GM30.20 - Fletcher” 15 yea+12 nay,carried,quorum
YES Augimeri YES Davis YES De Baeremaeker YES Di Giorgio YES Fletcher YES Grimes YES Hall YES McConnell YES Mihevc YES Nunziata YES Pantalone YES Perks YES Perruzza YES Rae YES Saundercook

NO Ainslie NO Ashton NO Del Grande NO Heaps NO Holyday NO Kelly NO Lindsay Luby [Chair] NO Minnan-Wong NO Moeser NO Moscoe NO Parker NO Vaughan