Tie-Back Encumbrances - 245-285 Queen Street East, 348-412 Richmond Street East, 78-106 Ontario Street and 8-12 Brigden Place - by Councillor Chris Moise, seconded by Councillor Paula Fletcher

The offer proposed a mixed-use development on the Lands, including: three towers with heights of 25 storeys, 24 storeys and 32 storeys; a mix of residential, retail and office uses; a total of 1,341 residential units including a mix of rental and condominium tenure; a mid-block pedestrian connection between Richmond and Queen Streets; affordable housing; and an on-site parkland dedication. The accepted settlement offer was approved by the Ontario Land Tribunal on October 31, 2018. The adopted Confidential Instructions from City Council did not include authority to allow tie-back encumbrances within the park. The applicant has informed staff that tie-backs were installed within the lands to be conveyed as parkland. The existing tie-back encumbrances within the park are acceptable to staff, provided the owner fulfills the City's standard tie-back conditions including but not limited to, destressing the tie-backs prior to parkland conveyance and providing a payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management. A Section 37 Agreement was executed and registered on title on September 1, 2022 as Instrument AT6174449 to secure various matters, including the on-site parkland dedication.

to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation, and the Executive Director, Corporate Real Estate Management.