Item - 2009.CC42.9

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (November 23, 2009) from the City Solicitor and the City Manager.

2.         City Council direct that Confidential Attachment 1 to the report (November 23, 2009) from the City Solicitor and the City Manager be released publically once ratified by City Council.

Confidential Attachment 1 to the report (November 23, 2009) from the City Solicitor and the City Manager is now public in its entirety and contains the following instructions which were adopted by City Council:

1.         City Council authorize an agreement with the TPA regarding the settlement of the 2008 Action and the purchase of approximately 18 acres at the Ashbridges Bay site which agreement will contain the following substantive provisions:

i.          the TPA will transfer the 18 acre parcel to the City or to such transferee as the City may direct for nominal consideration;

ii.          the City will pay to the TPA the amounts owed under the 2003 Settlement Agreement;

iii.         the City will pay to the TPA Harbour Users Fees from 2000 at a reduced rate as set out in this report;

iv.        the TPA will pay to the City payments in lieu of taxes (“PILT”) in an amount set out in this report, as determined by its Board based upon the Federal Dispute Advisory Panel decision, without prejudice to the City pursuing its judicial review application in the Federal Court;

v.         the City and the TPA will work cooperatively to resolve dock wall issues;

vi.        the City will work with the TPA to correct certain outstanding land title issues regarding the Ashbridges Bay lands and equally share in the costs of same, the City’s portion not to exceed $10,000.00;

vii.        the City will write off any outstanding taxes on 0 Bremner Boulevard and acknowledge the TPA is not the owner of these lands.

2.         City Council request the City Manager to invite officials of the Province of Ontario, Government of Canada and Waterfront Toronto to work with City and TPA officials to develop and implement a shared strategy for the repair, maintenance and operation of dock walls and breakwaters and other matters related to the water’s edge in Toronto’s central waterfront.

3.         City Council request the City Treasurer to write off the taxes on 0 Bremner Boulevard as uncollectible pursuant to Section 319 of the City of Toronto Act, 2006.

4.         City Council authorize the City Solicitor and other City staff to take all necessary and appropriate steps, together with such revisions as are satisfactory to the City Manager, in a form satisfactory to the City Solicitor, to implement the above recommendations.

The final Agreement with the Toronto Port Authority, in its entirety, will be made public once executed by the parties.