Item - 2024.CC20.24

City Council on July 24 and 25, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 10, 2024) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (July 10, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 10, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 10, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the offer to settle dated June 20, 2024 and the architectural plans as set out in Public Attachments 1 and 2 to the report (July 10, 2024) from the City Solicitor and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

2. City Council authorize the City Solicitor to request that the issuance of the any final Orders be withheld until such time as:

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

b. the owner has addressed outstanding issues in relation to site servicing and has submitted revised Functional Servicing, Stormwater Management and Hydrogeological Reports providing confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and entered into and registered a financially secured agreement satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services to construct, provide, make operational, and warrant any necessary upgrades to existing services and facilities or new services and facilities;

c. the owner has addressed outstanding issues in relation to the requirements of Transportation Services and Solid Waste Management as set out in the memo from Development Engineering to City Planning dated October 4, 2022, to the satisfaction of Transportation Services and Solid Waste Management Services;

d. the owner has addressed outstanding issues in relation to requirements of Transportation Planning with respect to a PATH connection within the development, to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. the owner has addressed outstanding issues in relation to the Toronto Transit Commission's Line 1 Yonge-University Subway, as set out in the Toronto Transit Commission memorandum dated August 4, 2022, to the satisfaction of the Toronto Transit Commission;

f. the owner has confirmed that no portion of the building and no temporary construction equipment or maintenance equipment for the building will extend into the Flight Obstacle Limitation Surface for St. Michael's Hospital, as set out in Ontario Regulation 10/2024 "Zoning Order - Protection of Public Health and Safety - Toronto Hospital Heliports", to the satisfaction of the Chief Planner and Executive Director, City Planning;

g. the owner has submitted a detailed Conservation Plan prepared by a qualified heritage consultant, to the satisfaction of the Senior Manager, Heritage Planning;

h. the owner and the City have entered into a Heritage Easement Agreement for the property at 200 University Avenue, to the satisfaction of the Senior Manager, Heritage Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor;

i. the owner agrees, as a condition of site plan approval, that the owner prepare and thereafter implement a Heritage Lighting Plan, a Signage Plan and an Interpretation Plan, and that the owner provide a letter of credit to secure all work included in the approved Conservation Plan, approved Interpretation Plan and approved Lighting Plan, including a provision for upwards indexing, all to the satisfaction of the Senior Manager, Heritage Planning;

j. the owner has entered into, and registered on title to the site, one or more agreement(s) with the City to secure the Affordable Rental Housing Units on the terms set out in Confidential Appendix A to the report (July 10, 2024) from the City Solicitor to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor;

k. the owner has registered a Section 118 restriction under the Land Titles Act, to the satisfaction of the City Solicitor, agreeing not to transfer or charge the Affordable Rental Housing Units, without the written consent of the Chief Planner and Executive Director, City Planning, or designate, to assist with securing the Affordable Rental Housing Units against future owners and encumbrances of the lands, with the Section 118 restriction to remain on title until such time as the City Solicitor determines that its registration on title is no longer required; and

l. the owner has entered into a municipal housing facilities agreement (the "Contribution Agreement") with the City to secure the financial assistance being provided and set out the terms of the development and operation of the new affordable renting housing units, on terms and conditions acceptable to the Executive Director, Housing Secretariat, in consultation with the Chief Financial Officer and Treasurer, and in a form satisfactory to the City Solicitor.

3. City Council authorize the Affordable Rental Housing Units as described in Table 1 in the Financial Impact section of the report (July 10, 2024) from the City Solicitor, to be eligible for waivers of fees for planning application, building permit, parkland dedication and development charge exemptions unless already paid or exempted by provincial legislation.

Table 1: City's Rental Housing Supply Program (formerly known as the City's Open Door Affordable Program) Incentives and Exemption of Municipal and School Taxation for 200 University Avenue

*Estimate updated to current rates based on total Development Charges exempted. Actual value of the Development Charges exemption is based on rates and policies in effect at the time of permit issuance.

 **Includes estimated 2024 building permit fees of $35,705, Planning fees of $101,868 and parkland dedication fees of $300,000 calculated using 2024 property tax rates.

4. City Council authorize an exemption from taxation for municipal and school purposes under the terms of the Rental Housing Supply Program (formerly known as the City's Open Door Affordable Program) for the Affordable Rental Housing Units for the periods of time described in Table 1 (see Part 3 above) in the Financial Impact section of the report (July 10, 2024) from the City Solicitor.

5. City Council authorize the Controller to cancel or refund any taxes paid after the effective date of the exemption from taxation for municipal and school purposes as set out in the applicable municipal housing facility agreement (the City's Contribution Agreement).

6. City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute, on behalf of the City, a municipal housing facility agreement (the City's Contribution Agreement), or amendments to existing Contribution Agreements, where applicable, with the owner and/or related legal entities for the development listed in Table 1 (see Part 3 above) in the Financial Impact section of the report (July 10, 2024) from the City Solicitor, to secure the financial assistance and to set out the terms of the development and operation of the new affordable rental housing units, on terms and conditions satisfactory to the Executive Director, Housing Secretariat, in consultation with the Chief Financial Officer and Treasurer, and in a form approved by the City Solicitor.

7. City Council authorize the Executive Director, Housing Secretariat, on behalf of the City, to execute any security or financing documents, or any other documents required to facilitate the development, including any documents required by the owner and/or related legal entities for the development described in Table 1 (see Part 3 above) in the Financial Impact section of the report (July 10, 2024) from the City Solicitor to complete pre-development activities, construction and secure conventional financing, where required, including any postponement, confirmation of status, discharge or consent documents where and when required during the term of the municipal housing facility agreement, as required by normal business practices, and provided that such documents do not give rise to financial obligations on the part of the City that have not been previously approved by City Council.

8. City Council authorize the City Solicitor to take all necessary actions, including introducing necessary bills, to implement City Council's decision.

Confidential Appendix A to the report (July 10, 2024) 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 (July 10, 2024) 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 (July 10, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.