Basketball Net Fronting 49 Arlstan Drive - Right of Way Encroachment Permission

In this particular case, however, the installation and maintenance of the encroachment does not impact negatively on the public right of way, and is in fact a positive influence on the community. A publicly accessible basketball net provides recreational amenities for use by children, youth and adults living on Arlstan drive and the surrounding area. Since the net is located at the end of a cul-de-sac traffic volume is regularly very low. It is in view of these circumstances, and given the lack of provisions in the Toronto Municipal Code to support such an encroachment, that I make the below recommendations.

indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages, and expenses that may result from such permission and providing of an insurance policy for such liability for the lifetime of the agreement; b. maintain the encroachment at their own expense in good repair and a condition satisfactory to the General Manager, Transportation Services without any additions and/or modifications and if deemed necessary, the General Manager, Transportation Services; and c. remove the encroachment upon receiving 90 days written notice to do so. 3. North York Community Council direct the City Solicitor, Legal Services to prepare and execute the Encroachment Agreement.