Item - 2023.CC7.10

City Council on June 14 and 15, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 31, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Dianne Saxe.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 31, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (May 31, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

4. City Council authorize the public release of Confidential Appendices A, B, C and D to the report (May 31, 2023) from the City Solicitor.

The confidential instructions to staff in Confidential Attachment 1 to the report (May 31, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Dianne Saxe, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated May 30, 2023 set out in Confidential Appendix A to the report (May 31, 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. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised that:

a. the proposed Zoning By-law is in a satisfactory form to the City Solicitor;

b. a necessary amending Section 37 Agreement has been registered on title to the satisfaction of the City Solicitor; and

c. as part of what is to be secured in the amending Section 37 Agreement, the Owner will amend its partnership with Artscape Atelier to turn one of the units (on or above the 79th floor or alternative location if satisfactory to the Chief Planner and Executive Director, City Planning) into a gallery space where Artscape Atelier will invite the public to exhibitions showcasing the work of the resident artists, and allowing the public to enjoy the extraordinary views available from this exceptionally tall building, with details to be secured in the amending Section 37 Agreement to the satisfaction of the Owner and the Chief Planner and Executive Director, City Planning.

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

Confidential Appendices A, B, C and D to the report (May 31, 2023) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (May 31, 2023) 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 Confidential Attachment 1 to the report (May 31, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.