Item - 2023.CC12.5

City Council on November 8 and 9, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 25, 2023) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (October 25, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (October 25, 2023) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (October 25, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the revisions to the July 4, 2023 Without Prejudice Settlement Offer as set out in the correspondence from Davies Howe LLP dated October 23, 2023 attached as Public Attachment 1 to the report (October 25, 2023) from the City Solicitor, and support a revised proposal that is substantially in accordance with the plans and drawings prepared by Dialog dated October 16, 2023, attached as Public Attachment 2 to the report (October 25, 2023) from the City Solicitor  (together, the "Revised Settlement Offer"), and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the Revised Settlement Offer.

2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its final Order until the City Solicitor has advised that:

a. the final form and content of the Official Plan and Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has provided a revised Pedestrian Wind Study, such report to be reviewed with recommendations implemented as part of the amending Official Plan policies and Zoning By-laws and/or secured in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the owner has at its sole expense provided a revised Traffic Impact Study, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning;

d. the owner has at its sole expense provided a Functional Servicing Report and Stormwater Management Report, including the Foundation Drainage Report (the "Engineering Reports") satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;

e. the owner at its sole expense has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports;

f. confirmation from the City Solicitor that the implementation of the accepted Engineering Reports and Traffic Impact Study does not require changes to the proposed amending by-law or any such required changes have been made to the proposed amending by-law to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

g. the owner has made satisfactory arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to municipal infrastructure, should it be determined that upgrades and/or road improvements are required to the infrastructure to support the development, according to the accepted Engineering Reports and Traffic Impact Study accepted by the Chief Engineer and Executive Director of Engineering and Construction Services and the General Manager, Transportation Services; and

h. the owner has entered into an in-kind contribution agreement with the City in accordance with subsection 37(7.1) of the Planning Act to secure the In-Kind Contribution.

3. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an In-kind Contribution Agreement pursuant to subsection 37(7.1) of the Planning Act to address the provision of an in-kind contribution, being the design and construction of improvements to the Toronto Transit Commission pedestrian tunnel connection, as described in the Revised Settlement Offer, on terms satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement to be registered on title to the lands, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

4. Council direct the Chief Planner and Executive Director, City Planning, in consultation with the Toronto Transit Commission, to attribute a value to the in-kind contribution based on cost estimates prepared by the Toronto Transit Commission and provide notice to the owner of the attributed value.

5. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.

The balance of Confidential Attachment 1 to the report (October 25, 2023) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.