Item - 2022.CC43.13

City Council on May 11 and 12, 2022, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows:

1. City Council authorize the City to enter into an amending Section 37 Agreement for the lands known as 1221 Markham Road to secure the following matters, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor:

a. a total cash contribution of $1,420,000, in lieu of the originally secured $440,000, to be allocated towards community facilities in the Woburn Community at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

b. the cash contribution referred to in Part 1.a. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the amending Section 37 Agreement to the date of payment;

c. in the event the cash contributions referred to in Part 1.a. above have not been used for the determined purpose within three (3) years of the date of the amending Section 37 Agreement, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands; and

d. the design, construction and conveyance of the public roads, subject to the requirement that prior to the issuance of any above-grade building permit for the proposed redevelopment of the Site:

i. the roads be substantially completed to base asphalt;

ii. the roads be conveyed to the City; and

iii. services be accepted by the City, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

2. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision.

The balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.