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←Toronto City Council · 2022-02-02 · 2022.DM39.1

The filed record

Assumption of Services, University Square (Hucknall) Limited, Plan 66M-2493, Subdivision File: 04 138822 NNY 08 SB, 102-134 Hucknall Road - Litigation

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The decision

2022-02-02 · Toronto City Council · adopted

As filed

City Council on February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 6, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (December 6, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services, at the discretion of the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (December 6, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services remain confidential, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (December 6, 2021) from the City Solicitor were adopted by City Council. The following confidential instruction to staff has been made public, the City Solicitor having exercised the City Solicitor's discretion to make it public, as follows: 2. As part of the settlement, City Council assume the municipal road and services, in accordance with the terms of the Subdivision Agreement for Plan 66M-2493, registered on December 1, 2011 between University Square (Hucknall) Limited and the City in the following manner: a. City Council authorize the City to assume the services installed within Mantello Drive and that the City formally assume the road within the Registered Plan of Subdivision 66M-2493; b. City Council authorize the Director, Engineering Review to release the performance guarantee held with respect to the municipal services in accordance with the Subdivision Agreement; c. City Council direct that an assumption By-law be prepared to assume the public highway and municipal services within the Registered Subdivision Plan 66M-2493; d. City Council authorize and direct the City Solicitor to register the assumption By-law in the Land Registry Office, at the expense of the Owner; e. City Council authorize the appropriate City Officials to take the necessary action to give effect to City Council's decision; and f. City Council authorize the appropriate City Officials to transfer ownership of the street lighting system constructed with Registered Plan of Subdivision 66M-2493 to Toronto Hydro. The balance of Confidential Attachment 1 to the report (December 6, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

The vote

Adopt Item · Carried, 23-2

For (23)Ana Bailão, Brad Bradford, Cynthia Lai, Denzil Minnan-Wong, Frances Nunziata, Gary Crawford, Gord Perks, James Pasternak, Jaye Robinson, Jennifer McKelvie, Joe Cressy, John Filion, Josh Matlow, Kristyn Wong-Tam, Mark Grimes, Michael Ford, Michael Thompson, Mike Layton, Nick Mantas, Paul Ainslie, Paula Fletcher, Shelley Carroll, Stephen Holyday
Against (2)Anthony Perruzza, Mike Colle
Absent (1)John Tory
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On the agenda

As the city filed it

A Subdivision Agreement was registered on December 1, 2011 for Plan 66M-2493, between University Square (Hucknall) Limited and the City of Toronto. The subject subdivision is shown on the attached map, Attachment 1 Plan of Subdivision 66M-2493. The site has frontage on Sentinel Road and Hucknall Road. The construction of Mantello Drive and the services within the road were completed on or about July of 2013. The up-stream portion of the sanitary sewer that was constructed under Mantello Drive (the road shown in Attachment 1 which has yet to be assumed) contains a 21.9 metre length of sanitary sewer located between two manholes (MH3A and MH4A) that was not constructed according to the original accepted design and the City's design criteria applicable at the time of construction.

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This section of sewer in question essentially has a 1.28 percent slope rather than the 2 percent minimum slope applicable at the time of construction. All other deficiencies in the services to be assumed have been rectified to the satisfaction of Engineering & Construction Services (ECS). There is litigation concerning this matter. The purpose of this report is to request instructions from Council regarding the on-going litigation. Staff from Toronto Water have also been involved in the preparation of this report.

Staff recommended

The City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services recommend that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, if adopted by City Council, at the discretion of the City Solicitor. 3. City Council

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direct that all other information contained in Confidential Attachment 1 is to remain confidential, as it contains advice which is subject to solicitor-client privilege.

    On the record

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