Item - 2015.CC11.2

City Council on December 9 and 10, 2015, adopted the following:

1.  City Council adopt the confidential instructions to staff attached to motion 1 by Councillor Robinson.

2.  City Council authorize the public release of the confidential instructions to staff adopted by Council and Appendix 1 to Confidential Attachment 1 to the report (November 16, 2015) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (November 16, 2015) from the City Solicitor remain confidential.

The following confidential instructions to staff attached to motion 1 by Councillor Robinson were adopted by City Council and are now public:

1.  City Council direct the City Solicitor to accept the owner's without prejudice settlement offer regarding parking in Appendix 1 to Confidential Attachment 1 to the report (November 16, 2015) from the City Solicitor.

2.  City Council direct the City Solicitor to attend the Ontario Municipal Board hearing set for January 6, 2016, in support of the settlement offer.

3.  City Council approve the distribution of Section 37 funds as follows:

a.  Prior of the issuance of the first Above-Grade Building Permit, the Owner agrees to pay the City the sum of One Million One Hundred Thousand Dollars ($1,100,000), together with any increases to reflect increases in the Construction Price Index from the date of this Agreement to the date of payment, to be used towards the design and implementation of off-site streetscape, street tree improvements and/or public realm improvements on Keewatin Avenue and in the Yonge Eglinton Apartment Neighbourhood in consultation with the Ward Councillor and Chief Planner and Executive Director, City Planning.

b.  In the event the cash contributions referred to above have not been used for the intended purpose within three (3) years of the Final Confirmation Date of the Amending By-law, the cash contribution may be redirected for another purpose, in consultation with the Ward Councillor and Chief Planner and Executive Director, City Planning, provided that the purpose(s) is/are identified in the Toronto Official Plan and will benefit the community in the vicinity of the Site.

Appendix 1 to Confidential Attachment 1 to the report (November 16, 2015) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of the Confidential Attachment 1, including Appendix 2, to the report (November 16, 2015) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as they pertain to litigation or potential litigation that affects the City or one of its agencies, boards and commission and they contain advice or communications that are subject to solicitor-client privilege.