Item - 2016.CC22.5

City Council on November 8 and 9, 2016, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (November 4, 2016) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations and Confidential Appendices A (with attachments) and B in Confidential Attachment 1 to the report (November 4, 2016) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (November 4, 2016) from the City Solicitor remain confidential.

The following confidential recommendations in Confidential Attachment 1 to the report (November 4, 2016) from the City Solicitor were adopted by City Council and are now public:

1.  City Council accept the without prejudice Settlement Offer, dated November 3, 2016, as submitted by Devine Park LLP on behalf of the owner of 65 Grand Magazine Street, set out in Appendix "A" of Confidential Attachment 1 to the report (November 4, 2016) from the City Solicitor and City Council direct the City Solicitor and appropriate City staff to attend at the Ontario Municipal Board in support of the settlement proposal.

2.  City Council delegate authority to the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to prepare for joint submission with the owner to the Ontario Municipal Board, appropriate Official Plan (Fort York Secondary Plan) and Zoning By-law Amendments which reflect the settlement proposal contemplated in Part 1 above.

3.  City Council authorize and direct the City Solicitor to request that, in the context of the settlement, any subsequent Order of the Ontario Municipal Board be withheld pending the following:

a.  a complete, formal resubmission by the owner to the City, including updated plans, drawings, reports and studies which reflect the settlement proposal contemplated in Part 1 above, to the satisfaction of the Chief Planner and Executive Director, City Planning, and including a revised functional servicing report to the satisfaction of the Executive Director, Engineering and Construction Services; and

b.  the owner entering into an agreement or agreements with the City, to the satisfaction of the City Solicitor, to secure the $575,000.00 financial contribution pursuant to Section 37 of the Planning Act relating to the increased height and density as reflected in the settlement proposal contemplated in Part 1 above.

4.  City Concil authorize and direct City Officials to take the necessary action to implement Council's decision, including execution of appropriate agreements pursuant to Section 37 of the Planning Act.

Confidential Appendices A and B to Confidential Attachment 1 to the report (November 4, 2016) 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 (November 4, 2016) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communications that are subject to solicitor-client privilege and it pertains to potential litigation.