Item - 2020.MM22.29

City Council on June 29 and 30, 2020, adopted the following:

1. City Council require the owner of the lands municipally known as 14 Dundonald Street to register in priority a Section 118 Restriction pursuant to the Land Titles Act against title to said parcel of land prohibiting the transfer or charge of 14 Dundonald Street without the prior written consent of the General Manager, Parks, Forestry and Recreation, to the satisfaction of the City Solicitor, prior to the City entering into an amendment to the registered Section 37 Agreement for 1 and 11 Bloor Street West and 768, 774-776, 778 and 780-784 Yonge Street on the terms described in Part 2 below.

 
2. City Council require the owner of the lands at 1 and 11 Bloor Street West and 768, 774-776, 778 and 780-784 Yonge Street and the owner of the lands 14 Dundonald Street to enter into and register, in priority, against title to the respective lands an amended and restated Section 37 Agreement, to the satisfaction of the City Solicitor, in accordance with the following terms:
 

a. prior to the issuance of the first above-grade building permit for the lands at 1 and 11 Bloor Street West and 768, 774-776, 778 and 780-784 Yonge Street, the owner of said lands shall provide the City with irrevocable standby Letters of Credit;

i. in the amount of the monetary value of 14 Dundonald Street, as determined in accordance with the registered Section 37 Agreement, to guarantee the conveyance of the fee simple interest 14 Dundonald Street to the City; and

 
ii. in the amount of 120 percent of the cost of improvements to 14 Dundonald Street as set out in Part 2.b. below, to the satisfaction of the General Manager, Parks, Forestry and Recreation; and 

 
b. immediately following the owner of the lands at 1 and 11 Bloor Street West and 768, 774-776, 778 and 780-784 Yonge Street filing a Record of Site Condition in accordance with all applicable Ministry of Environment, Conservation and Parks requirements in respect of the lands known as 14 Dundonald Street and satisfying the City's third party peer review of all environmental requirements for 14 Dundonald Street, to the satisfaction of the General Manager, Parks, Forestry and Recreation, but in any event no later than the earlier of:

i. the registration of a condominium for all or a part of the lands at 1 and 11 Bloor Street West and 768, 774-776, 778 and 780-784 Yonge Street;

 
ii. the first occupancy of all or a part of the lands at 1 and 11 Bloor Street West and 768, 774-776, 778 and 780-784 Yonge Street; and

 
iii. October 29, 2020, unless otherwise permitted in writing by and at the sole discretion of the General Manager, Parks, Forestry and Recreation to be a later date,
 

the owner of the 14 Dundonald Street shall convey the fee simple interest in 14 Dundonald Street to the City in base park condition, as defined by the registered Section 37 Agreement, with further improvements to include the following: evergreen plantings (trees and/or shrubs) along the boundary of the off-site park and the lands municipally known as 16 Dundonald Street; 3 hose bibs; and unit pavers matching the same pattern for James Canning Park at a 2.1 metre width and a 10.973 metres metre length in replacement of a standard sidewalk on Dundondald Street which requires replacement, all to the satisfaction of the General Manager, Parks, Forestry and Recreation.

3. City Council authorize and direct the City Solicitor to prepare such amendments to the registered Section 37 Agreement and take such steps as may be required in sole discretion and to the satisfaction of the City Solicitor in order to implement Part 2 above.
 

4. City Council direct the City Solicitor, after the owner of 1 and 11 Bloor Street West and 768, 774-776, 778 and 780-784 Yonge Street and the owner of 14 Dundonald Street enter into the amended and restated Section 37 Agreement with the City, to support a request of the Local Planning Appeal Tribunal by the owner of 1 and 11 Bloor Street West and 768, 774-776, 778 and 780-784 Yonge Street to:

a. amend Schedule A, Section 37 Provisions of the Local Planning Appeal Tribunal 's order issued on February 18, 2020 as further revised by its order issued on February 26, 2020 in accordance with this Motion; and

 
b. order that the proposed changes to the Local Planning Appeal Tribunal 's order in accordance with the City Council's decision on this Item are minor and technical in nature, and, pursuant to subsection 34(7) of the Planning Act, no further public notice is required in respect of the proposed amendments.

5. City Council authorize the City Solicitor to delete the Section 118 Restriction from title to the lands known as 14 Dundonald Street following the registration of the conveyance of said lands from the owner to the City.

 
6. City Council authorize the City Solicitor to delete the Section 37 Agreement registered as Instrument AT5373895 on February 26, 2020 from title to the lands known as 1 and 11 Bloor Street West and 768, 774-776, 778 and 780-784 Yonge Street following the issuance of the further revised Local Planning Appeal Tribunal Order in accordance with Part 4 above.