Item - 2022.MM39.13

City Council on February 2 and 3, 2022, adopted the following:

1. City Council increase the 2022 Staff Recommended Operating Budget for Non-Program on a one-time basis, subsequent to its approval, by $276,243.22 gross, $0 net, fully funded by Section 37 (Planning Act Reserve Funds) community benefits from 1181 and 1187 Queen Street West (Source Account: XR3026-3701100) for transfer to Toronto Standard Condominium Corporation 2210 or the purpose of installing improvements to the privately owned, publicly accessible open space located at 1171 Queen Street West (Cost Centre: NP2161).

2. City Council authorize the Director, Community Planning, Toronto and East York District, to negotiate and sign a Construction Funding Agreement with Toronto Standard Condominium Corporation 2210 for the improvements to the privately owned, publicly accessible open space referred to in Part 1 above, in consultation with the Ward Councillor, on terms and conditions satisfactory to the Director, Community Planning, Toronto and East York, and in a form satisfactory to the City Solicitor, including the following requirements:

a. Toronto Standard Condominium Corporation 2210 shall construct the improvements to the privately owned, publicly accessible open space in accordance with the City's construction standards and with detailed plans and cost estimates approved in advance by the Director, Community Planning, Toronto and East York District;

b. Toronto Standard Condominium Corporation 2210 shall comply with all relevant City policies as applicable, including the City's Fair Wage Policy, the Labour Trades Construction Obligations in the Construction Industry, and the Declaration of Compliance with Anti-Harassment/Discrimination Legislation Policy in constructing the improvements to the privately owned, publicly accessible open space;

c. an amount of up to $276,243.22 shall be forwarded to Toronto Standard Condominium Corporation 2210 directly, in accordance with an agreed to payment schedule, with each payment to be reviewed and approved by the Director, Community Planning, Toronto and East York District upon Toronto Standard Condominium Corporation 2210 providing documentation of the costs of the improvements to the privately owned, publicly accessible open space; and

d. any cost overruns shall be the responsibility of Toronto Standard Condominium Corporation 2210, and not of the City or Toronto; in the event that the costs of the improvements to the privately owned, publicly accessible open space are less than $276,243.22, Toronto Standard Condominium Corporation 2210 the remainder of the funds will be allocated by the City towards public art improvements to Lisgar Park or other purpose identified in the Official Plan.

3. City Council authorize and direct City Officials to take such action as is necessary to implement City Council's decision.