Item - 2025.MM31.29

City Council on June 25 and 26, 2025, adopted the following:

1. City Council accept the offer dated June 25, 2025, set out in Appendix 1 to the Member Motion MM31.29 in respect of in-kind community benefits for the proposed development of 49 Ontario Street (the “Site”);

2. City Council allow the owner of the Site to convey land to the City, to the satisfaction of the Executive Director, Development Review and the General Manager, Parks and Recreation, as an in-kind contribution pursuant to subsection 37(6) of the Planning Act to be dedicated as parkland, in accordance with the following terms:

a. the proposed conveyance shall be seventy-four square metres (74 m²) in size;

b. the configuration and location of the proposed conveyance shall be to the satisfaction of the General Manager, Parks and Recreation;

c. the proposed conveyance shall be in an acceptable environmental condition to the satisfaction of the General Manager, Parks and Recreation; and,

d. the proposed conveyance shall be free and clear of all liens and encumbrances.

3. City Council attribute a value to the in-kind contribution set out in Part 2 above equal to thirty-three percent (33 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 and direct staff to advise the owner of such valuation.

4. City Council authorize the Executive Director, Development Review 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 above to the satisfaction of the Executive Director, Development Review and the City Solicitor, with such agreement to be registered on title to the lands, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

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