Item - 2014.MM54.20

City Council on July 8, 9, 10 and 11, 2014, adopted the following:

1.         City Council adopt the instructions to staff in Confidential Attachment 1 to the report (July 8, 2014) from the City Solicitor.

2.         City Council authorize the public release only of the Confidential Recommendation 1 and Appendices 1 and 2 to the Confidential Attachment 1 to the report (July 8, 2014) from the City Solicitor and direct that the remainder of the Confidential Attachment 1 to the report (July 8, 2014) from the City Solicitor shall remain confidential in all circumstances as it contains advice that is subject to solicitor-client privilege and information regarding pending litigation before the Ontario Municipal Board.

Confidential Recommendation 1 in Attachment 1 to the report (July 8, 2014) from the City Solicitor was adopted by City Council and is now public:

1.         City Council accept the settlement offer dated June 27, 2014, attached as Appendix 1 (the "Settlement Offer") and:

a.         endorse the allocation of the remainder of the Section 37 contribution, as set out in Appendix 2 to this Confidential Attachment (the "Section 37 Remainder Allocation");

b.         authorize the public release of the Settlement Offer and the Section 37 Remainder Allocation being Appendices 1 and 2 to this Confidential Attachment;

c.         direct staff to keep the Swansea Area Ratepayers Group apprised of discussion and progress with respect to the Section 37 Agreement;

d.         direct the City Solicitor to attend the Ontario Municipal Board hearing in support of a Zoning By-law Amendment so as to implement the Settlement Offer and the Section 37 Remainder Allocation, in accordance with Appendices 1 and 2 of this Confidential Attachment;

e.         approve the dedication of the 3.0 metre wide strip of City-owned lands located between the subject property and Windemere Avenue as public highway;

f.          direct staff to involve the Swansea Area Ratepayers Group in discussions relating to site plan approval once a site plan approval application has been submitted;

g.         direct staff work with the applicant in the context of the site plan application process, to determine how to appropriately limit access at the Windemere Avenue driveway;

h.         direct the City Solicitor to request the consent of the applicant and the Swansea Area Ratepayers Group to amend item 2(c) of the Settlement Offer, with respect to liability insurance and naming certain condominium corporations as additional insured parties for property damage, such that the obligation is no longer required to be included in the Section 37 Agreement but rather is secured to the Swansea Area Ratepayers Group's satisfaction through other legally enforceable means; and

i.          City Council authorize and direct appropriate City officials to take the necessary action to give effect to the terms of settlement and each of these recommendations.

Appendices 1 and 2 to Confidential Attachment 1 to the report (July 8, 2014) from the City Solicitor are now public in their entirety and can be accessed under Background Information (City Council).

The balance Confidential Attachment 1 to the report (July 8, 2014) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege and it pertains to pending litigation before the Ontario Municipal Board.