Item - 2015.MM5.34

City Council on March 31, April 1 and 2, 2015, adopted the following:

1. City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (April 1, 2015) from the City Solicitor.

2. City Council authorize the public release of the confidential recommendations and Appendices A and B in Confidential Attachment 1 to the report (April 1, 2015) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 remain confidential.

The following confidential recommendations in Confidential Attachment 1 to the report (April 1, 2015) were adopted by City Council and are now public:

1.  Upon receipt of minutes of settlement securing the matters listed in Parts a. to d. below, City Council enact the amending By-law set out in Appendix B to Confidential Attachment 1 to the report (April 1, 2015) from the City Solicitor, which would exclude the properties municipally known as 1, 9 and 11 Bloor Street West and 768, 770, 774, 774 ½, 776, 780, 782 & 784 Yonge Street (the "Subject Properties") from By-law No. 277-2015 provided that:

a.  the owner of the Subject Properties does not oppose the designation under Part IV of Ontario Heritage Act of the property municipally known as 774-776 Yonge Street (the listed property), with a view to working with the City to incorporate those heritage attributes the City believes ought to be incorporated within any development;

b.  the owner of the Subject Properties will not act upon the issued demolition permit affecting the properties municipally known as 780 and 782 Yonge Street until such time as it proceeds with the excavation of the Site and the City agrees that it will not list or designate 780 - 782 Yonge Street prior to such time as the excavation commences.  The owner will be permitted to carry out the necessary works inside the building (that do not require demolition) so as to proceed with the on site below grade investigation;

c.  the owner of the Subject Properties agrees to commemorate "His Majesty's Theatre", municipally known as 780 - 782 Bloor Street West, and its importance as one of the first Canadian Ballet schools, which commemoration will be recognized within the public areas or walkways or path connections on the Site, the details of which will be determined as part of the overall planning process; and

d.  the owner of the Subject Properties will withdraw its appeal of By-law No. 277-2015.

2.  City Council direct the City Solicitor and other appropriate City Officials to take the necessary steps to implement Council's decision.

Confidential Appendices A and B in Confidential Attachment 1 to the report (April 1, 2015) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (April 1, 2015) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006 as it pertains to litigation or potential litigation and contains advice that is subject to solicitor-client privilege.