Item - 2025.MM35.28

 City Council on December 16 and 17, 2025, adopted the following:

1. City Council amend its previous decision on Item 2025.PH.18.1 by deleting Parts 3, 4, and 5,

Parts to be deleted:

3. City Council approve that the Applicant shall design, construct, and deliver as part of the development, parkland in base and above-base condition, lands located along the west side of the site and to serve as a connection between Merton Street and the Key Gardner Beltline Trail, to the satisfaction of the General Manager, Parks and Recreation and the City Solicitor.

4. City Council approve the acceptance of the lands for public park purposes subject to the lands being free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition, save and except for the underground garage; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable, all to the satisfaction of the General Manager, Parks and Recreation, in consultation with the City Solicitor.

5. City Council request the General Manager, Parks and Recreation to enter into a Maintenance Agreement with the Applicant (or their heirs or assigns) for the duration of the lease for the ongoing maintenance and upkeep of the parkland and the maintenance obligations shall be finalized via separate agreement to the satisfaction of the General Manager, Parks and Recreation.

and adopt instead the following:

3. City Council require the Applicant to design, construct, and maintain a Publicly-Accessible Space with an approximate area of 313 square metres on lands located along the west side of the site to facilitate a midblock connection between Merton St. and the Kay Gardner Beltline Trail, the specific configuration, design and timing of delivery of which is to be determined during Site Plan Approval for the development, to the satisfaction of the Executive Director, Development Review.

4. City Council require the Applicant to provide a public access easement for the duration of the 99-year lease period in favour of the City over the approximately 313 square metre Publicly-Accessible Space to the satisfaction of the Executive Director, Development Review and the City Solicitor, prior to Site Plan Approval.