Item - 2023.CC6.9

City Council on May 10, 11 and 12, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix 1 to report (April 27, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated April 27, 2023, set out in Confidential Appendix 1 to the report (April 27, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

2. If the Ontario Land Tribunal approves the proposed development, City Council approve that the Owner shall convey to the City:

a. an on-site parkland dedication, having a minimum size of 107 square metres and located in the southeast corner of the site, in accordance with Section 42 of the Planning Act (the "Required Parkland Dedication"); and

b. a stratified on-site parkland dedication, that is consolidated with the Required Parkland Dedication, and having a minimum size of 106.5 square metres and a depth of not less than 1.5 metres, as an in-kind contribution pursuant to Subsection 37(6) of the Planning Act (the "Parkland Over-dedication");

all to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

3. City Council approve the acceptance of on-site parkland dedications, subject to the Owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, and in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management; the Owner may also propose the exception of encumbrances of an underground parking garage below the Parkland Over-dedication.

4. City Council attribute a value to the Parkland Over-dedication equal to 17.5 percent of 4 percent of the value of the land (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law), as determined the day before the day the building permit is issued in respect of the development.

5. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an agreement pursuant to Subsection 37(7.1) of the Planning Act (the "In-kind Contribution Agreement") to address the provision of the in-kind contribution identified in Part 2.b. above to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement to be registered on title to the 102 Berkeley lands, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

6. City Council approve that the Owner shall convey to the City the Required Parkland Dedication and the Parkland Over-dedication (the "Combined Park") prior to the issuance of first Above Grade Building Permit.

7. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements for the Combined Park to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

8. City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised that:

a. the Zoning By-law Amendment has been finalized in a form and content acceptable to the City Solicitor and Chief Planner and Executive Director, City Planning, that implements the proposed development;

b. the Owner has withdrawn its site-specific appeal of Official Plan Amendment 525, and shall not seek any party or participant status on the appeals;

c. the Owner has submitted a revised pedestrian level wind study to the satisfaction of the Chief Planner and Executive Director, City Planning, with any required wind mitigation measures implemented through the Site Plan Approval process to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. the Owner has provided an access agreement for shared vehicle access and a loading agreement for shared loading facilities, to the satisfaction of the General Manager, Transportation Services;

e. the Owner has addressed outstanding issues in relation to site servicing and has submitted a Functional Servicing and Stormwater Management Report, Hydrogeological and Geotechnical Reports, and any other related engineering reports and drawings, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and has agreed that the design and implementation of municipal infrastructure will be at the owner’s sole cost

and expense for any upgrades or improvements to City infrastructure identified in the approved Functional Servicing and Stormwater Management, Hydrogeological and/or Geotechnical Reports, with such improvements being secured to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

f. the Owner has entered into the In-kind Contribution Agreement pursuant to Section 37(7.1) of the Planning Act to secure the in-kind contribution referenced in Part 2.b. above.

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

Confidential Appendix 1 to the report (April 27, 2023) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice and information that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.