Item - 2024.CC23.20

City Council on November 13 and 14, 2024, adopted the following:

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

3. City Council direct that the balance of Confidential Attachment 1 to the report (November 1, 2024) 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 (November 1, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council authorize an amendment to the existing Section 37 Agreement, in a form substantially as attached as Confidential Appendix A to the report (November 1, 2024) from the City Solicitor, subject to the following conditions set out below:

a. City Council approve the acceptance of an on-site parkland dedication, subject to the owner transferring the parkland to the City free and clear above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; and

b. the owner shall be permitted to use 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.

2. 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 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.

3. City Council authorize the appropriate officials to enter into a limiting distance agreement between the owner of the development at 53-63 Sheppard Avenue West and 62-68 Bogert Avenue and the City of Toronto for the purpose of compliance with the Ontario Building Code, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

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

Confidential Appendix A to the report (November 1, 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 (November 1, 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 (November 1, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.