The Report was approved by Council with the following additions re Section 37:
9. Before introducing the necessary Bills to City Council for enactment, City Council direct that the owner of the lands at 90-104 Queen Street East and 3 Mutual Street shall provide, pursuant to Section 37 of the Planning Act, at no expense to the City, and secure such in the implementing Zoning By-law Amendments and enter into and register on title to the above noted lands, one or more agreements pursuant to Section 37, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor the following:
a) prior to the issuance of the first above grade building permit for the lands, the owner shall pay to the City a cash contribution of one million ($1,000,000.00) dollars to be allocated as follows:
i. five hundred thousand ($500,000.00) dollars towards capital improvements in Toronto Community Housing buildings and/or new or existing affordable housing units within proximity of the lands in the Ward, in consultation with the Ward Councillor; and
ii. five hundred thousand ($500,000.00) dollars towards local streetscape, parkland and/or community facilities within proximity of the lands in the Ward, in consultation with the Ward Councillor;
b) the cash contribution referred to in Recommendation 9(a) shall be indexed upwardly in accordance with the Statistics Canada Residential or NonResidential, 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 Agreement to the date of payment;
c.) in the event the cash contribution referred to in Recommendation 9(a) above has not been used for the determined purpose within three years of Supplementary Report – 90-104 Queen Street East and 3 Mutual Street 5 the amending Zoning By-law coming into full force and effect, 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 Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands;
d.) the Owner shall design, construct, finish, and convey to the City, in an acceptable environmental condition, for nominal consideration and at no cost to the City, a minimum 345.7 square metres Community Agency Space as measured from interior side walls, located on the second floor and inclusive of the ground floor entrance and elevator, and subject to the following:
i. the Community Agency Space shall be delivered to the City in accordance with the City's Community Space Tenancy Policy and finished to Base Building Condition, with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the Executive Director, Social Development, Finance and Administration, Executive Director, Corporate Real Estate Management , the Chief Planner and Executive Director, City Planning, and the City Solicitor;
ii. prior to the issuance of the first above grade building permit, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor;
iii. prior to conveyance of the community agency space to the City, the owner shall provide a one-time cash contribution in the amount of $280,000.00 towards operating costs of the community agency space;
iv. prior to conveyance of the community agency space to the City, the owner shall provide a one-time cash contribution in the amount of $560,000.00 towards the initial finishing costs, less the cost of constructing the kitchen, washrooms and janitorial closet, to be paid prior to conveyance to the City with the remaining funds to be used for future capital improvements to the community agency space;
v. the one-time cash contribution referred to in Recommendation 9(d)(iii) and 9(d)(iv) shall be indexed upwardly in accordance with Supplementary Report – 90-104 Queen Street East and 3 Mutual Street 6 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 Agreement to the date of payment;
vi. concurrent with or prior to, the conveyance of the Community Agency Space to the City, the owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement, and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Community Agency Space; and
e) the owner has withdrawn its appeal(s) of Official Plan Amendment 352, and By-laws 1106-2016 and 1107-2016.
See:
http://app.toronto.ca/tmmis/viewPub...ion=getDecisionDocumentReport&meetingId=17157
app.toronto.ca
