Item - 2013.CC45.5

City Council on December 16, 17 and 18, 2013, adopted the following:

1.         City Council adopt the recommendations contained in Confidential Attachment 1 to the report (December 9, 2013) from the City Solicitor.

2.         City Council direct that the recommendations contained in Confidential Attachment 1 to the report (December 9, 2013) from the City Solicitor and the information contained in Confidential Attachment 2 - Appendix "A" be made public and that all other information contained in Confidential Attachment 1 remain confidential.

The following recommendations in Confidential Attachment 1 to the report (December 9, 2013) from the City Solicitor were adopted by City Council and are now public:

1.         City Council agree to settle this matter before the Ontario Municipal Board on the terms negotiated by all of the parties to the hearing as set out in Appendix "A" to the report (December 9, 2013) from the City Solicitor and authorize the City Solicitor to execute Minutes of Settlement which give effect to this settlement.

2.         City Council agree to permit the owner to construct a pedestrian walkway over and two drive and pedestrian aisles under the Kingsway for a term of 99 years at the owner's expense and to the City's construction standards.

Confidential Attachment 2 - Appendix "A" to the report (December 9, 2013) from the City Solicitor is also public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (December 9, 2013) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and advice or communications that are subject to solicitor client privilege.