Authorization to Release Section 37 Funds, from the Development at 2800 Keele Street to the Toronto Catholic District School Board towards Playground Improvements at St. Conrad Catholic School - by Councillor James Pasternak, seconded by Councillor Mike Colle

This facility can continue to be used by community members to supplement their access to local outdoor play space outside of school hours. The City of Toronto secured funds under Section 37 of the Planning Act with the owners of the development at 2800 Keele Street, authorized by site-specific Zoning By-law 110-2015(OMB). The By-law and the associated Section 37 Agreement provides that certain funds shall be used for a variety of community benefits including funds to be used towards streetscape improvements along Keele Street and Victory Drive in the immediate vicinity of the proposed development. Both instruments also provide that in the event that some or all of the cash contributions have not been used for the intended purpose within three (3) years of the By-law coming into full force and effect, the unused cash contributions may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands. Three years have passed since the By-law came into full force and effect. Accordingly, this Motion proposes to redirect $50,000 from the unused cash contribution for streetscape improvements to the Toronto District School Board towards the cost of the creating a new playground. The Section 37 Implementation Guidelines (section 5.7) approved by Council in 2007 Council approved Implementation Guidelines for Section 37 provide state that: "Cash contributions toward the capital improvement of school board playgrounds are eligible S.37 community benefits where the playground serves as a local park, where the public will continue to have reasonable access for the foreseeable future, and where there is no local City-owned parkland performing a similar function in the same community that could otherwise benefit from the cash contribution." The Toronto Catholic District School Board will sign an Undertaking governing the use of the funds and the financial reporting requirements prior to the funds being released from the City.

Conrad Catholic School located at 5 Exbury Road. 2. City Council direct that the $50,000.00 be forwarded to the Toronto Catholic District School Board upon the signing of an Undertaking by the Toronto Catholic District School Board governing the use of the funds and the financial reporting requirements.