Item - 2021.CC31.6

City Council on April 7 and 8, 2021, adopted the following:

1. City Council adopt the confidential instructions to staff in Revised Confidential Attachment 1 to the report (March 29, 2021) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Revised Confidential Attachment 1 to the report (March 29, 2021) from the City Solicitor.

3. City Council direct that the balance of Revised Confidential Attachment 1 to the report (March 29, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Revised Confidential Attachment 1 to the report (March 29, 2021) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Revised Settlement Offer, as set out in in the report (March 29, 2021) from the City Solicitor, including Revised Confidential Attachment 1 to the report (March 29, 2021) from the City Solicitor, based on the following:

a.  the proposed development shall be substantially in accordance with the architectural plans, prepared by Turner Fleischer Architects Inc. and dated August 21, 2020 and February 9, 2021, submitted as part of the Site Plan approval application;

b.  prior to the issuance of the first above grade permit (including a building permit or heritage permit, but excluding a heritage restoration permit) for all or any part of the site, the owner shall pay to the City the sum of $3,100,000.00, to be allocated at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, for purposes identified in the Toronto Official Plan and will benefit the community in the vicinity of the site, such amount to be increased by upwards indexing in accordance with the Non-Residential Building Construction Price Index for the Toronto CMA, reported by Statistics Canada or its successor, calculated from the date of the Section 37 Agreement to the date of such payment;

c.  at least 10 percent of the residential dwelling units within the development or 49 units, whichever is greater, shall be three-bedroom dwelling units, or units having a greater number of bedrooms, and at least 20 percent of the residential dwelling units within the development or 98 units, whichever is greater, shall be two-bedroom dwelling units;

d.  there shall be a minimum of at least 107 vehicular parking spaces on the site, and such parking spaces shall be located below the finished ground level in the underground garage;

e.  there shall be a minimum of 496 bicycle parking on the site; and

f.  in all other respects the City Council decision of December 5, 6, 7 and 8, 2017 in Item 2017.CC35.8 shall mutatis mutandis apply to the Revised Settlement Offer.

2.  City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision, including, but not limited to, requesting the Local Planning Appeal Tribunal to modify its decision and conditions for the issuance of the final order in accordance with City Council's decision.

The balance of Revised Confidential Attachment 1 to the report (March 29, 2021) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Revised Confidential Attachment 1 to the report (March 29, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.