Item - 2019.CC9.15

City Council on July 16, 17 and 18, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor remain confidential, and that Confidential Attachments 2 and 3 to the report (July 8, 2019) from the City Solicitor be released only at the discretion of the City Solicitor.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

Block D and E Block plan to facilitate consolidated parkland

1.  City Council authorize the conveyance, for nominal consideration, of Parts 4, 5 and 6 on R Plan 66R-30597 to the City as onsite parkland dedication for the approved development on the lands municipally known as 25 Audley Street, in accordance with the City's current Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City.

2.  Effective as of the date that the City acquires ownership of Parts 4, 5 and 6 of R Plan 66R-305897, City Council declare the property surplus, with the intended manner of disposal to be by way of a land exchange with the owner of 1 Audley Street for Parts 10 and 11 of R Plan 66R-305897 for park purposes at no cost to the City.

3.  Upon completion of the City’s real estate disposal process as set out in Chapter 213 of the City of Toronto Municipal Code, City Council authorize the Director, Real Estate Services to approve the related land exchange transaction and any related or ancillary agreements, and to execute the documents necessary to implement the transaction on behalf of the City, in reliance on the delegated authority contained in Item EX27.12, as adopted by City Council on October 2, 3 and 4, 2017, notwithstanding that the values of the exchanged parcels may exceed the monetary limits otherwise set out in that Item.

4.  City Council authorize the City Solicitor to complete the land exchange transaction on behalf of the City, including amending the closing and other dates, and amending and waiving terms and conditions, on such terms as the City Solicitor considers reasonable.

5.  City Council authorize a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owners of 23 Buckingham Street, 1x, 2 and 10 Audley Street, 8 Newcastle Street, and 29, 31, 59 and 71 Portland Street of the above-base park improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owners of designing and constructing the above-base park improvements, with the design and cost estimates to be approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the developments at the sites noted within this recommendation in accordance with the City's Development Charges By-law, as may be amended from time to time.

6.  City Council direct the City Solicitor to request that the owner of 1x, 2 and 10 Audley Street, 8 Newcastle Street, and 29, 31, 59 and 71 Portland Street amend plans to show an unstratified road to be conveyed to the City and in exchange:

a.  City Council approve a development charge credit against the Roads and Related component of the Development Charges for the design and construction by the owner of 1x, 2 and 10 Audley Street, 8 Newcastle Street, and 29, 31, 59 and 71 Portland Street of the new public road (inclusive of the multi-use trail); the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the new public road (including the multi-use trail), with detailed designs and cost estimates to be submitted by the owner, to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services, and the Roads and Related component of the development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time; and

b. City Council authorize and direct appropriate staff to acquire an easement for the existing sanitary sewer located within 2 and 10 Audley Street, 8 Newcastle Street, and 29, 31, 59 and 71 Portland Street using Toronto Water's regular program and budget identified in the Approved 10-Year Capital Plan; should the costs of the easement for the existing sanitary sewer exceed what is available in the approved budget, financial adjustments will be handled through the regular budgeting and reporting process.

Home Ownership Assistance Program

7.  City Council approve the deferral of development charges for up to 5 percent or up to 125 affordable housing units to be developed by the owners of 23 Buckingham Street and 1x, 2 and 10 Audley Street, 8 Newcastle Street, and 29, 31, 59 and 71 Portland Street at those sites, under the terms of the City's Home Ownership Assistance Program.

8.  City Council authorize the Executive Director, Housing Secretariat to negotiate, enter into and execute, on behalf of the City, all development charges deferral agreements, and any security, financing or other documents required with the owners of the properties currently known municipally as 23 Buckingham Street and 1x, 2 and 10 Audley Street, 8 Newcastle Street, and 29, 31, 59 and 71 Portland Street, or related corporations, and any other parties deemed necessary to facilitate the development charges deferral outlined in the report (July 8, 2019) from the City Solicitor, on terms and conditions satisfactory to the Executive Director, Housing Secretariat, in consultation with the Chief Financial Officer and Treasurer, and in a form satisfactory to the City Solicitor.

9.  City Council authorize the City Solicitor to execute, postpone, confirm the status of and discharge any City security documents registered as required by normal business practices.

10.  City Council authorize and direct appropriate City officials to take the necessary action to give effect to City Council's decision.

The balance of Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor remains 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.

Confidential Attachments 2 and 3 to the report (July 8, 2019) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they are subject to solicitor-client privilege.  Confidential Attachments 2 and 3 to the report (July 8, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.