Item - 2020.MM16.5

City Council on February 26, 2020, adopted the following:

1.  City Council authorize the following amendments to the Section 37 Agreement between The Residences of Islington Terrace Inc. and the City of Toronto, registered as instrument number AT4748979 on December 1, 2017:

a. Section 4.1.3 is deleted and replaced with the following:

4.1.3  The Owner shall construct the Staircase to the extent necessary to provide for its use for public pedestrian purposes and it shall be opened for such purposes subject to the City’s notification that it may be so opened pursuant to Section 20 of Schedule G hereto prior to the condominium registration of the Development Phase 2 lands. The City will permit access, including temporary occupancy, to City-owned lands in the vicinity, including proportions of a public road allowance, for the purposes of such construction.

b. New clauses are added to Section 4.1:

4.1.10  The Owner agrees to be responsible for the irrigation, maintenance and/or replacement (as and when necessary) of all shrubs, plants, flowers and any other soft-landscaping elements or materials comprising part of (or situated within) the Staircase, including the fertilization, weeding and pruning thereof, and the replacement of any dead or decayed plants, as well as the removal of any garbage, litter and/or debris from the Staircase (with all of said obligations being hereinafter collectively referred to as the “Plant Maintenance and Irrigation Obligations”) until such time as the Owner registers a condominium corporation on the Development Phase 3 lands, and to cause any condominium corporation registered by the Owner, or their successors and heirs, on the Lands, to assume all of the Plant Maintenance and Irrigation Obligations.

4.1.11  All condominium corporations registered on the Lands shall be obliged to pay (and be jointly and severally liable for) all costs and expenses incurred from time to time in connection with the performance and fulfillment of  the Plant Maintenance and Irrigation Obligations to the satisfaction of the City of Toronto.

c. Schedule D is amended by replacing Drawing L620, to include notes and details on plant maintenance and irrigation responsibilities to be assumed by the Owner.

2.  City Council authorize Community Planning staff to collect a financial guarantee from the Owner, prior to the condominium registration of the Development Phase 1 lands, in the form of an irrevocable Letter of Credit or certified cheque, made payable to the Treasurer, City of Toronto, to secure an irrigation system in the amount of $18,204 to the satisfaction of the Director, Community Planning, Etobicoke District.

3.  City Council authorize the changes to Drawing L620 to be substantially in accordance with and reflect the approved drawings as part of Site Plan Application File 14 255048 WET 05 SA, in a form satisfactory to the Director of Community Planning, Etobicoke York District.

4.  City Council authorize the necessary City staff to execute the amending Section 37 Agreement.