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Toronto City Council · 2019-03-27 · 2019.CC5.7

The filed record

1245 Dupont Street, 1260 Dufferin Street, and 213 Emerson Avenue - Official Plan Amendment and Zoning Amendment Applications - Request for Directions

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The decision

2019-03-27 · Toronto City Council · amended

As filed

City Council on March 27 and 28, 2019, adopted the following: 1. City Council direct the City Solicitor to secure the following matters as a legal convenience to support development through a Section 37 Agreement between the City and the owner: a. prior to the issuance of the first above grade building permit for Phase 1 of the development, the owner shall submit to the City a letter of credit in a value equal to 15 percent

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of the estimated construction cost of the community recreation facility, inclusive of the community centre and related works, the ice skating facility, child care centre, and the above base park improvements to the parkland dedication to the satisfaction of the General Manager, Parks, Forestry and Recreation, minus the value equivalent of the letter of credit to secure 120 percent of the Parks and Recreation component of the Development Charges for Phase 1 of the development, for the purpose of a warranty to guarantee the construction of said works by the owner, to the satisfaction of the General Manager, Parks, Forestry and Recreation; b. the 150 affordable rental housing units which are required to be provided by the owner pursuant to City Council's adoption of Item TE33.5, Parts 6a. and 6g. on June 26, 2018 shall be ready and available for occupancy prior to the issuance of an above grade building permit for the second building to be constructed as a part of Phase 2 of the development, to the satisfaction of the Chief Planner and Executive Director, City Planning; and c. the owner shall create a Park Master Plan in consultation with Parks, Forestry, and Recreation staff and the local community, for the parkland dedication required in connection with the development and adjacent City-owned lands, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

On the agenda

As the city filed it

This report is further to City Council's adoption of Item TE33.5 on June 26, 2018, at which time City Council required the owner of the lands municipally known as 1245 Dupont Street and 213 Emerson Avenue to enter into and register against title an agreement with the City pursuant to Section 37 of the Planning Act to secure community benefits, at the owner's expense, in connection with the proposed development of the owner's lands and City-owned lands municipally known as 1260 Dufferin Street.

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The City Solicitor requires further instructions from City Council related to the preparation of the Section 37 Agreement.

Staff recommended

The City Solicitor recommends that City Council direct the City Solicitor to secure the following matters as a legal convenience to support development through a Section 37 Agreement between the City and the owner: 1. prior to the issuance of the first above-grade building permit for Phase 1 of the development, the owner shall submit a letter of credit equal to 120 percent of the Parks and Recreation component of the

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Development Charges payable for all Phases of the development, to be adjusted in accordance with changes to Development Charges payable over time, to secure the owner's financial obligations to construct a recreation centre and above-base park improvements to the parkland dedication for which the provision of a development charge credit has been authorised in accordance with City Council's adoption of Item TE33.5, Recommendation 8 and Recommendation 9, on June 26, 2018, to the satisfaction of the General Manager, Parks, Forestry and Recreation; 2. the 150 affordable rental housing units which are required to be provided by the owner pursuant to City Council's adoption of Item TE33.5, Recommendations 6a. and 6g. on June 26, 2018 shall be ready and available for occupancy prior to the issuance of an above grade building permit for the second building to be constructed as a part of Phase 2 of the development, to the satisfaction of the Chief Planner and Executive Director, City Planning; and 3. the owner shall create a Park Master Plan in consultation with Parks, Forestry, and Recreation staff and the local community, for the parkland dedication required in connection with the development and adjacent City-owned lands, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

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