Item - 2023.MM5.49

City Council on March 29, 30 and 31, 2023, adopted the following:

1. City Council amend its previous decision on Item 2017.CC34.7 by:

a. deleting Part 3 of  the confidential instructions to staff in Confidential Attachment 1 to the report (October 30, 2017) from the City Solicitor, made public upon adoption by City Council:

Part to be deleted:

3. City Council approve an off-site parkland dedication for a 530 square metre proposed park at 70 to 76 Soudan Avenue as the parkland dedication requirement for the development at 55 - 65 Broadway Avenue. The parkland to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments to the satisfaction of the General Manager, Parks, Forestry, and Recreation.

and replacing it with the following new Part 3:

3. City Council approve an off-site parkland dedication for a 530 square metre proposed park at 70 to 76 Soudan Avenue as the parkland dedication requirement for the development at 55 - 65 Broadway Avenue on the following terms:

a. the parkland to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments, with the exception of a temporary vehicular easement at the rear of the future parkland benefitting the lots at 60 - 76 Soudan Avenue, to the satisfaction of the General Manager, Parks, Forestry, and Recreation;

b. authority is granted by City Council to permit the parkland conveyance to the City with the temporary vehicular easement encumbrance that would not be permitted by the requirements of Municipal Code Section 415-26 B;

c. the owner shall delete the vehicular easement instrument from title to the lands at 60 to 68 Soudan Avenue upon the purchase of the lots at 60 and 62 Soudan Avenue; and

d. prior to the conveyance of the parkland to the City, the owner shall provide the City with a Letter of Credit in a form to the satisfaction of the City Solicitor, and in an amount to be determined by the General Manager, Parks, Forestry and Recreation to secure the removal of the vehicular easement from title to the lands at 60 to 68 Soudan Avenue.