Report to/Rapport au :

 

 Council / et au Conseil

 

09 May 2008 / le 09 mai 2008

 

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/Directrice municipale adjointe,

Planning, Transit and the Environment/Urbanisme, Transport en commun et Environnement 

 

Contact Person/Personne ressource : Rob Mackay, Director

Economic and Environmental Sustainability/Direction de la viabilité économique et de la durabilité de l’environnement

(613) 580-2424 x 22632, Rob.Mackay@ottawa.ca

 

City Wide/à l'échelle de la Ville

Ref N°: ACS2008-PTE-ECO-0014

 

 

SUBJECT:

CITY OF OTTAWA FUNDING AGREEMENT - OTTAWA CONGRESS CENTRE

 

 

OBJET :

VILLE D’OTTAWA – ENTENTE DE FINANCEMENT –  CENTRE DES CONGRÈS D’OTTAWA

 

 

REPORT RECOMMENDATION

 

That Council substitute Recommendation No.  4 of funding approval that was granted by Council on November 28, 2007 for the Ottawa Congress Centre (OCC) (Document 1) with the following:

 

4A.      Direct the City Manager to execute a funding agreement based on the following amended conditions having been satisfied:

 

a.      The City receiving a copy of a letter from the Government of Ontario (Document 4) confirming among other things that:

                         i.          the OCC will continue to operate an expanded convention facility and that it will continue to be responsible and accountable to the Government of Ontario for its operational and financial performance under the Crown Agency Act.

                       ii.          the OCC is responsible for the costs of redevelopment of the Ottawa Congress Centre and is the lead in the redevelopment and overall management of this project, and;

                     iii.          the City’s financial contribution towards the redevelopment of the OCC is limited to $40 million,

b.      The City receiving written confirmation from the Government of Ontario, in a form satisfactory to the City, that it has issued to the OCC $30 million for the reconstruction of the OCC facility in keeping with its previous funding commitment and detailing and committing its additional $20 million contribution to the project.

c.       The City receiving a copy of a letter from the Government of Canada to the OCC detailing its $50 million commitment to fund the redevelopment of the OCC facility in accordance with the “Building Canada Fund” or other appropriate Federal Funding program, with associated funding conditions, in a form satisfactory to the City.

 

4B.      Direct the City Manager to release the City’s funding less a financial holdback of up to 10 per cent subject to the following conditions being satisfied:

 

a.      The City receiving a copy of the fully executed funding agreement between the OCC and the Government of Canada detailing and committing its $50 million contribution to the project, in a form acceptable to the City.

b.      The City receiving written confirmation from the OCC that sufficient debt financing from its lenders of no less than $30 million to an upset of $40 million, over and above the Municipal, Provincial and Federal Government project funding, has been unconditionally committed in a form satisfactory to the City.

c.       Approval of the OCC facility design and road design concept for Colonel By Drive by the National Capital Commission, and by the City under its site plan control process and in compliance with the City’s Urban Design Strategy.

d.      The City receiving a copy of the fully executed and binding restated lease between the OCC and the Viking Rideau Corporation (VRC) in form and content satisfactory to the City.

e.      The City receiving a copy of the fully executed and binding development and construction agreement between the OCC and VRC in a form and content satisfactory to the City.

f.        The City receiving a copy of non-disturbance agreements from all of VRC’s current mortgagees in form and content satisfactory to the City.

g.      The City receiving from the OCC its written confirmation that it shall use a competitive process, as pre-approved by the City, to acquire all equipment, services, supplies and for construction.

h.      The City receiving written assurances from the OCC that they shall not change the use of the facility, or assign, transfer charge or mortgage the leasehold interest in all or part of the new facility for a minimum of 30 years following completion of the new facility, without prior written consent of the City.

 

4C.      Direct the City Manager to release the financial holdback on the project once the following terms and covenants of the agreement are satisfied:

 

a.      The OCC no later than 30 months after construction of the project, will achieve LEED (Leadership in Energy and Environmental Design) Silver certification for the OCC Building and that Green Roof technology be incorporated in the OCC facility. In the event that LEED Silver certification is not achieved and/or Green Roof technology is not incorporated in the facility within such 30-month period, but the OCC has used reasonable commercial efforts to the satisfaction of the City to do so, the City may remit funds held back for this purpose to the OCC.

b.      The City receiving copies of memoranda of understanding between the OCC and various tourism and business organizations indicating their financial contribution towards the financial sustainability of the OCC operations resulting in an estimated aggregate annual contribution of $1,500,000 subject to the stated renewal terms that may be included in each memorandum, in a form satisfactory to the City.

 

4D. Direct the City Manager to include the following amended condition to be included in the funding agreement prior to its execution:

 

a.  In the event feasibility and other studies conducted by or on behalf of the City require or identify opportunities for direct and convenient pedestrian access to a rapid transit station (e.g. Downtown Tunnel Environmental Assessment Study), the OCC and the City shall have negotiated, executed and delivered a binding agreement whereby the OCC shall commit to direct funding equivalent to $1,500,000 to implement in accordance with the City’s Transit Oriented Development Guidelines.

 

RECOMMANDATION DU RAPPORT

 

Que le Conseil remplace la recommandation no 4 concernant l’approbation de financement accordée par le Conseil le 28 novembre 2007 pour le Centre des congrès d’Ottawa (CCO) (Document 1) par ce qui suit :

 

4A.      Demander au directeur municipal de signer une entente de financement dans la mesure où les conditions modifiées suivantes sont satisfaites :

 

a.      Que la Ville reçoive du gouvernement de l’Ontario copie d’une lettre (Document 4) confirmant, entre autres choses :

                                i.                                    que le CCO continuera d’exploiter un centre des congrès élargi et continuera de rendre compte à la province pour l’exécution de ses responsabilités financières et autres;

                              ii.                                    que le CCO est responsable des coûts de réaménagement du Centre des congrès d’Ottawa et prend en charge le réaménagement et la gestion globale de ce projet;

                            iii.                                    que la contribution financière de la ville au projet de réaménagement du CCO se limite à 40 millions de dollars;

b.      Que la Ville reçoive du gouvernement de l’Ontario une confirmation écrite, sous une forme jugée acceptable par la Ville, qu’il a accordé au CCO 30 millions de dollars pour la reconstruction des installations du CCO, conformément à son engagement de financement préalable et formulant les détails d’une contribution additionnelle de 20 millions de dollars au projet, ainsi que son engagement à verser la somme;

c.       Que la Ville reçoive copie d’une lettre du gouvernement du Canada à l’intention du CCO décrivant les modalités de son engagement de 50 millions de dollars au financement du réaménagement des installations du CCO en conformité avec le Fonds Chantiers Canada ou tout autre programme de financement fédéral pertinent, assorti des conditions de financement, sous une forme jugée acceptable par la Ville.

 

4B.      Demander au directeur municipal de débloquer les fonds accordés par la Ville moins une retenue pouvant atteindre 10  pour cent, subordonnée aux conditions suivantes :

 

a.      Que la Ville reçoive une copie dûment signée de l’entente de financement entre le CCO et le gouvernement du Canada précisant les détails de sa contribution de 50 millions de dollars au projet et son engagement de verser cette somme, sous une forme jugée acceptable par la Ville;

b.      Que la Ville reçoive une confirmation écrite du CCO indiquant qu’un financement par emprunt suffisant de ses prêteurs d’au moins 30 millions de dollars et d’au plus 40 millions de dollars, en sus des subventions accordées par les gouvernements municipal, provincial et fédéral pour le projet, a été engagé sans condition, sous une forme jugée acceptable par la Ville;

c.       L’approbation d’un nouveau concept d’aménagement des installations et de la route pour la promenade Colonel‑By par la Commission de la Capitale nationale et par la Ville en fonction du processus de réglementation du plan d’implantation et en conformité avec la Stratégie de conception urbaine de la Ville;

d.      Que la Ville reçoive copie dûment signée et exécutoire du bail reformulé entre le CCO et la Viking Rideau Corporation (VRC) dont le contenu et la forme sont jugés acceptables par la Ville;

e.      Que la Ville reçoive une copie dûment signée et exécutoire de l’entente de mise en valeur et de construction entre le CCO et VRC dont le contenu et la forme sont jugés acceptables par la Ville; 

f.        Que la Ville reçoive une copie dûment signée des accords antinuisance de tous les créanciers actuels de la VRC dont le contenu et la forme sont jugés acceptables par la Ville;

g.      Que la Ville reçoive du CCO la confirmation par écrit qu’il adoptera un processus concurrentiel, ayant été approuvé d’avance par la Ville, en vue d’acquérir l’ensemble du matériel, des services et des ressources ainsi que pour la construction.

h.      Que la Ville reçoive l’assurance par écrit du CCO qu’il ne modifiera pas l’utilisation de l’installation ni ne cédera, ni ne transférera aux responsables ou aux créanciers les intérêts à bail, en tout ou en partie, de la nouvelle installation sans le consentement écrit préalable de la Ville.

 

4C.      Demander au directeur municipal de débloquer la retenue de garantie du projet une fois les conditions et les engagements de l’entente remplis, notamment :

 

a.      Que le CCO, pas plus de 30 mois après la construction du projet, obtiendra la certification argent de la norme LEED (Leadership in Energy and Environmental Design) pour l’immeuble du CCO et verra à intégrer aux installations du CCO la technologie du toit végétal. Dans le cas où les installations n’obtiendraient pas la certification argent de la norme LEED ou que la technologie du toit végétal ne serait pas intégrée dans le délai de 30 mois, mais que le CCO fait preuve d’efforts commerciaux raisonnables pour le faire, à la satisfaction de la Ville, la Ville peut remettre au CCO les fonds retenus.

b.      Que la Ville reçoive une copie des protocoles d’entente entre le CCO et les divers organismes de tourisme et d’affaires indiquant leur participation financière en vue de la viabilité financière des opérations du CCO représentant une contribution annuelle estimée au total à 1,5 million de dollars, en tenant compte des conditions de renouvellement énoncées qui pourraient être incluses dans chaque protocole, sous une forme jugée acceptable par la Ville.

 

4D. Demander que les conditions modifiées suivantes soient incluses dans l’entente avant son exécution :

 

a.  Dans le cas où les études de faisabilité ou d’autres études menées par la Ville ou pour son compte nécessiteraient ou souligneraient les possibilités d’un accès direct et pratique pour les piétons à une station des couloirs de transport en commun rapides (p. ex. Downtown Tunnel Environmental Assessment Study –Étude d’évaluation environnementale du tunnel du Transitway [au centre‑ville]), le CCO et la Ville auront négocié, exécuté et réalisé une entente ayant force obligatoire selon laquelle le CCO se sera engagé à fournir un financement direct équivalent à 1,5 million de dollars pour sa réalisation, conformément aux Lignes directrices sur l’utilisation du sol et la conception des aménagements axés sur le transport en commun. 

 

 

BACKGROUND

 

On November 28, 2007, City Council reconfirmed Council’s commitment to provide $25 million with an additional $15 million for the capital construction costs of a new and expanded OCC.

 

The total City funding commitment of $40 million was made subject to a number of conditions, all to be satisfied prior to execution of a funding agreement and release of any funding (see Document 1). This required all matters to be in order for both parties to be in a position to sign the funding agreement regardless of the timing involved to satisfy certain conditions.

 

During negotiations of the legal agreement with the OCC, it became apparent that due to the sequencing of the project and other extenuating circumstances, not all of Council’s conditions could be satisfied prior to the execution of the agreement. As well, new information from the funding partners requires that some of Council’s conditions need to be amended. Accordingly, staff are recommending changes occur to these conditions and the timing of when they are to be satisfied. To stay to the current schedule for the delivery of the project, staff are now recommending that Council’s previous conditions be amended and reordered to protect the City of Ottawa and to allow enough flexibility so that the project can move forward. In order to obtain these two objectives, staff will place the conditions into three categories:

 

1)      Conditions that must be satisfied prior to the execution of the agreement;

2)      Conditions of funding that must be satisfied once the agreement is executed and before any funding is released; and

3)      Conditions that are covenants to the agreement some of which are subject to a financial holdback.

 

A signed agreement with the City is fundamental to the critical path for the OCC’s procurement planning process and redevelopment schedule calling for the demolition of the existing facility to commence by August 30, 2008.

 

Confirmation of the Provincial funding commitment for an additional $20 million, for a total of $50 million has recently been received and secured by the OCC. A letter from the Province of Ontario to the OCC, indicating commitment of a funding grant is shown in Document 2.

 

The OCC’s negotiations for funding from the Federal Government are ongoing. At this time, the Federal Government has indicated that the likely source of Federal funding will be from the “Building Canada Fund”. The City has received a letter from the Federal Government (Document 5) providing their funding commitment for the redevelopment of the OCC. However, a formally signed Federal funding agreement will become a condition of delivering City funding.

 

DISCUSSION

 

Amending and restructuring Council’s November 2007 recommendations to now make them conditions of execution, funding, or covenants will allow the OCC to stay on schedule and proceed with its planning and procurement processes. As directed by Council in November 2007, the funding agreement cannot be signed and executed until all conditions are met. However, the OCC must proceed with its procurement process and secure bridge financing as it believes it will be unsuccessful in attracting and securing qualified tier one consortiums to build the facility unless there are agreements in place that clearly define and specify the timing of the funding partners commitments and conditions under which the funding will flow to the project. In amending and restructuring Council’s conditions of approval to reflect where the OCC negotiations with the three levels of government have progressed to, the OCC believes it can now move the project forward.

 

The following describes the issues related to the recommendations in this report:

 

4A -  Conditions of Execution

 

There are a number of key conditions of approval that can be satisfied in the short term that will allow the execution of a funding agreement between the City and the OCC and allow the OCC to proceed with its procurement plans on schedule.

 

The City has received a two-page letter from the Province to the OCC outlining its funding approval and associated conditions.  Specifically, the letter stipulates that the Province has approved the OCC funding request for an additional $20 million in the form of a funding grant without the requirements of a formal agreement. This grant is in addition to the existing $30 million the OCC previously received from the Province. Consequently, the City’s conditional funding requiring receipt of a formally signed funding agreement between the OCC and the Province has been made redundant due to the approved grant received by the OCC.  City staff therefore recommend that Council accept the terms of the Provincial grant and amend funding condition 4(c) Document 1, accordingly. The OCC now has received the full $50 million funding commitment from the Ontario Ministry of Tourism.

 

The OCC has also received written confirmation from the Ontario Financial Authority (OFA) that $40 million in debt financing for the OCC has been positively reviewed but at this point approval is preliminary and ongoing (Document 3).  For this reason, City Council’s condition 4(e) Document 1, requiring final OFA authority for debt financing is being recommended as a condition of City funding to allow the agreement to be signed in advance and additional time for the condition to be satisfied.

 

To facilitate execution of an agreement, Staff are recommending an amendment to Council’s conditions 4(a) and 4(g) Document 1, that the Province provide written confirmation that it is the sole owner of the OCC and assumes continuing financial responsibility for its operations. The OCC is a Crown agency and reports to the Ministry of Tourism. Crown agencies are created to be self-sustaining. In this case, the OCC as a crown agency, has the statutory mandate under the Ottawa Congress Centre Act to operate, manage and maintain an international class convention centre and is accountable to the Province in carrying out its responsibilities. The position of the Ministry of Tourism is that if it were to guarantee the obligations of its crown agencies, there would be no means of holding them accountable or to be self-sustaining. Although the City has not received guarantees from the Province that it will cover any potential operating deficits in the future, staff are not aware of situations where the Province has allowed a crown agency to declare bankruptcy. The Province has also confirmed among other things that:

 

         i.      the OCC will continue to operate an expanded convention facility and that it will continue to be responsible and accountable to the Government of Ontario for its operational and financial performance under the Crown Agency Act.

       ii.      the OCC is responsible for the costs of redevelopment of the Ottawa Congress Centre and is the lead in the redevelopment and overall management of this project, and;

      iii.      the City’s financial contribution towards the redevelopment of the OCC is limited to $40 million.

 

The City’s funding agreement with the OCC will also stipulate  that any project costs beyond the eligible costs, any cost overruns, and any costs related to the on-going operation and maintenance of the facility will be the OCC’s  responsibility, and that it will not seek any further financial contribution from the City of Ottawa towards the new facility during its entire lifecycle design.

 

With respect to condition 4(d) of Council’s November 2007 approval requiring the City to receive a fully executed funding agreement from the Federal Government, the OCC has indicated that although negotiations are going well, there will be approximately six Federal Departments who will be involved in the review and input for funding approval. The OCC has indicated that the review process and the ability to produce a signed agreement is not expected to be completed until the end of this summer. Consequently, City staff have advised the OCC that in the absence of a signed agreement at this time from the Federal Government, the OCC must provide the City with  copy of a letter from the Federal Government expressing its funding commitment and related conditions. This will allow City staff to review potential points of conflict prior to signing the City’s funding agreement with the OCC.  The City has now received such a letter addressed to the OCC from the Federal Government expressing its funding commitment (Document 5). However, a signed legal agreement between the OCC and the Federal Government will become a condition of delivering any funding.

 

4B – Conditions of Funding

 

There are certain conditions that cannot be met in the short term and prior to the execution of the funding agreement. Nevertheless, these conditions were fundamental to Council’s funding approval. Therefore, these conditions will be included and reflected in the funding agreement as conditions not of execution but conditions that must be met prior to the release of any funding. This will allow the agreement to be signed now but will also ensure that conditions such as the signed legal agreement between the OCC and the Federal Government are met before funding is advanced.

 

There is one proposed amendment to the Council approved recommendations in this grouping pertaining to condition 4(k) Document 1. This funding condition requires written assurances from the OCC and the Province requiring prior written consent from the City if they were to contemplate changing the use of the facility or transfer the mortgage or lease for the duration of the lease with the Viking Rideau Centre (VRC). The term of the new lease is 80 years from the time the redevelopment is completed, which can be no later than October 31, 2010.  It is recommended that this condition be amended to require prior consent from the City approximately 30 years following the completion of the new facility rather than for the duration of the 80-year lease with VRC. The first major renovation and retrofit to the new building is expected at about the year 2040.  This will allow an opportunity for review of existing agreements when this occurs. The OCC must operate as a Convention Centre during the term of the VRC lease except that it can cease to operate for three thirty month periods. These 30-month periods are to allow for possible major redevelopments of the OCC.

 

4C -Terms of Covenants Subject to Financial Holdback

 

There are certain conditions of funding approval that are ongoing warranties which cannot be met until the construction is completed such as condition 4(l) from Council’s November 2007 approval. This condition requires the OCC to use reasonable commercial efforts to achieve LEED (Leadership in Energy and Environmental Design) Silver certification for the building. As a result, the agreement will be structured such that these conditions will be positioned as covenants whereby the City will holdback up to 10 per cent of its funding until they have been satisfied.

 

As well, an amendment to Council’s November 2007 approved condition 4(f) Document 1, relating to tourism industry contributions supporting the OCC’s operational budget, is required. This condition requires the OCC to negotiate an agreement with certain tourism industry organizations such as the Ottawa Airport Authority and the Ottawa Gatineau Hotel Association (OGHA). The condition stipulates that such groups will contribute an aggregate of $1.5 million per year, indexed to inflation over 25 years, to support the OCC’s operational budget. This condition was introduced as a result of the OCC’s Business Plan that identified financial support from the tourism industry to commence in 2012.

 

The OCC has made progress in negotiating contributions with the Ottawa Airport Authority, OGHA and Taxi Association, as well as from contract commissions, naming rights and telecommunications sponsorships.  However, the OCC has now indicated that there will be no ability to secure an agreement for a 25-year period with organizations that are subject to competition, market volatility etc. As an example, the OGHA  partner agreements related to destination marketing are renewed as often as every three years. Should Council support recommendation 4C(b),  the OCC is optimistic that it can raise the original commitment Council requested. As an example negotiations to date, have secured commitments of over  $1.2 million with various industry reps and is on its way to achieving the aggregate requirement of $1.5 million.

 

4D - Terms and Covenants Not Subject to Financial Holdback

 

Council Condition 4(m) Document 1 is proposed to be amended. This condition requires the OCC to direct 1.5 per cent of its construction budget towards implementing a direct pedestrian connection to a transit station in conformance with the City’s Transit Oriented Development Guidelines. The OCC has indicated that it needs the entire $40 million for the construction of the facility and are requesting that it not be held back to satisfy this condition. They are willing to enter into an agreement to provide the required funding for a transit connection based on other revenue sources when the City has identified how the funding is to be used

 

In addition, the OCC has requested that the funding for the transit connection be $1.5 million rather than 1.5 per cent of the final construction budget. The original construction budget was estimated at $159 million but this estimate includes both hard and soft costs.  The actual hard construction costs are estimated at $115 million. The OCC has requested $1.5 million on the basis of their ability to pay for this cost from operating surpluses and other funding sources. Any amounts over and above this would be difficult for the OCC to provide from these funding sources. For information purposes, $1.5 million approximates 1.5 per cent of the hard construction costs which would be $1.725 million.

 

CONSULTATION

 

The OCC and the Ontario Ministry of Tourism have been consulted and are aware of the recommendations of this report.

 

FINANCIAL IMPLICATIONS

 

The City’s existing funding commitment is not impacted.

 

SUPPORTING DOCUMENTATION

 

Document 1      Council approved funding conditions for the Ottawa Congress Centre (November 28, 2007)

Document 2      Government of Ontario Funding Approval

Document 3      Letter from the Ontario Finance Authority

Document 4      Government of Ontario Written Assurances

Document 5      Federal Government Letter of Funding Commitment

 

DISPOSITION

 

Upon Council approval of the Recommendations, The Economic and Environmental Sustainability Branch will proceed to finalize and execute a funding agreement with the OCC.


COUNCIL APPROVED FUNDING CONDITIONS FOR THE

OTTAWA CONGRESS CENTRE (NOVEMBER 28, 2007)                                DOCUMENT 1

 

 

 

OTTAWA CITY COUNCIL

28 November 2007

ANDREW S. HAYDON HALL

10:00 a.m.

 

MINUTES 25

 

 

 

 

 

18.          CITY OF OTTAWA SUPPORT FOR OTTAWA
CONGRESS CENTRE REDEVELOPMENT PROJECT

 

 

Committee Recommendations as amended

 

That Council:

 

1.         Support the Ottawa Congress Centre (OCC) planned reconstruction and expansion as a Strategic Priority Initiative and reconfirm City Council’s commitment as per Motion No. 57/4 (Document 1) to provide $25 million for the capital construction costs to be financed by a debenture in that amount;

 

2.         Contribute an additional $15 million as a Strategic Priority Initiative for the OCC’s planned reconstruction and expansion and authorize debt financing in the same amount, subject to Council’s deliberations of the 2008 budget;

 

3.         Withdraw its total funding contribution of $40 million to the OCC project if the City has not received written confirmation that all project funding is secured and a conditional building permit has been released for the project by December 31st 2008; and

 

4.         Delegate responsibility to the City Manager to negotiate, approve and execute a contribution funding agreement with the OCC upon satisfactory completion of conditions that include but are not limited to the following:

a.   The City receiving from the Government of Ontario its assurance, in a form satisfactory to the City, that the Province is the sole owner of the OCC and assumes the continuing full and final financial responsibility for the OCC, as it is currently constituted or any permitted successor thereof.

b.   The City receiving written confirmation from the Government of Ontario that it has issued to the OCC $30 million for the reconstruction of the Ottawa Congress Centre in keeping with its previous funding commitment.

c.   The City receiving a copy of the fully executed funding agreement between the OCC and the Government of Ontario detailing and committing its additional $20 million contribution to the project.

d.   The City receiving a copy of the fully executed funding agreement between the OCC and the Federal Government detailing and committing its $50 million contribution to the project.

e.   The City receiving written confirmation from the OCC that sufficient debt financing from their lenders of no less than $30 million to an upset of $40 million, over and above the Municipal, Provincial and Federal Government project funding requested herein, has been unconditionally committed and will be secured by the Government of Ontario for the Ottawa Congress Centre project.

f.    The City receiving executed legal agreements between the OCC and organizations such as the Ottawa Airport Authority (OAA) and the Ottawa Gatineau Hotel Association (OGHA) that specifies a combined annual payment with a minimum term of 25 years of $1.5 million that is to be indexed for inflation to ensure the financial sustainability for the OCC operations.

g.   The City receiving written assurances from the Government of Ontario together with any necessary approvals by the Minister of Finance in a form satisfactory to the City, that it assumes ultimate ownership of the OCC and that any operational shortfalls and/or debt under the current OCC governance model or under any future governance model of the OCC will be appropriately addressed by the OCC and the Government of Ontario, and not by the City.

h.   That a new building design and road design concept for Colonel By Drive be developed by the OCC for review and written approval by both the National Capital Commission (NCC) and the City of Ottawa.

i.    That the OCC design meets the requirements of the “Downtown Ottawa Urban Design Strategy”.

j.    The City receiving and being satisfied with the terms of the final executed amended and restated lease between the OCC and the Viking Rideau Corporation (VRC) and with the final executed development and Construction Agreement between the same parties, and receiving non-disturbance agreements from all of VRC’s current mortgagees.

k.   The City receiving written assurances from the OCC and Province, that they shall not change the use of the facility, or assign or transfer charge or mortgagee, the leasehold interest in all or part of the new facility for the duration of the lease with the VRC, without prior written consent of the City.

l.    The OCC demonstrating to the satisfaction of the City that it will use reasonable commercial efforts to achieve LEED (Leadership in Energy and Environmental Design) Silver certification for the Ottawa Congress Centre Building and that Green Roof technology be incorporated where possible.

m.  The OCC agreeing to direct 1.5% of the final construction budget (currently estimated at $159 million) for the OCC project towards implementing the City’s Transit Oriented Development Guidelines. Such funding will be used to integrate the downtown transit network, into the Congress Centre project and improve transit services to and from the building.

n.   The OCC agree that the release of the City’s funding of $40 million for the project be conditional on all required approvals and/or permits under the Planning Act and Building Code Act for the projects development have been obtained including any required approvals from the Provincial and Federal Governments.

o.   The City receiving from the OCC its written confirmation that it shall use a competitive process, as pre-approved by the City, to acquire all equipment, services, supplies and for construction.

 

5.         Approve that the Ottawa Congress Centre be requested to work with the City of Ottawa to identify potential sources of revenue from the Centre that would repay the $40 million dollar investment by the City for the capital construction of the Centre – such sources of revenue could include:

 

a)   a portion of any revenues over expenses of the Centre;

b)   having the Province provide grants in lieu of taxes for the Centre until the grant is repaid, including any interest costs incurred by the City;

c)   negotiating a share of G.S.T. and/or P.S.T.  paid for services at the Centre until the grant is repaid;

d)   other possibilities; and

 

6.         Approve that the Corporate Services and Economic Development Committee receive a report on progress made on these initiatives on at least an annual basis.

 

MOTION NO. 25/8

 

Moved by Councillor P. Hume

Seconded by Councillor J. Harder

 

That recommendation #2 be replaced with the following:

 

Contribute an additional $15M as a Strategic Priority Initiative for the OCC’s planned reconstruction and expansion and authorize debt financing in the same amount as part of the 2007 capital budget.

 

CARRIED with Councillors C. Doucet and P. Feltmate dissenting.

 

Corporate Services and Economic Development Committee Report 17, Item 18 was put to Council and CARRIED as amended by Motion No. 25/8 on a division of 22 YEAS to 2 NAYS as follows:

 

Yeas (22):        Councillors D. Thompson, P. Feltmate, P. Hume, M. Wilkinson, R. Bloess,

                        G. Brooks, D. Deans, B. Monette, J. Harder, R. Jellett, A. Cullen, R. Chiarelli,

M. Bellemare, S. Desroches, G. Bédard, E. El-Chantiry, M. McRae, D. Holmes, G. Hunter, S. Qadri, C. Leadman and Mayor O’Brien.

 

Nays (2):          Councillors C. Doucet and J. Legendre.

 


GOVERNMENT OF ONTARIO FUNDING APPROVAL                                  DOCUMENT 2


LETTER FROM THE ONTARIO FINANCE AUTHORITY                              DOCUMENT 3


GOVERNMANT OF ONTARIO WRITTEN ASSURANCES                            DOCUMENT 4


FEDERAL GOVERNMENT LETTER OF

FUNDING COMMITMENT                                                                                  DOCUMENT 5