Encroachment Agreements - Pedestrian Tunnel and Vehicular Tunnel under a Future Public Highway, to be named Downes Street, connecting 100 Queens Quay East to 55 Lake Shore Boulevard East

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The decision

2023-02-23 · Toronto and East York Community Council · adopted

As filed

The Toronto and East York Community Council: 1. Authorized the City to enter into two encroachment agreements (individually, the "Agreement" or collectively, the "Agreements") with the owner of 100 Queens Quay East (the "Applicant") to permit the Applicant to maintain, repair and operate: i. a publicly accessible pedestrian PATH tunnel (the "Pedestrian Tunnel"); and ii. a private vehicular loading tunnel (the "Vehicular

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Tunnel") (also referred to individually as a "Tunnel" or "Encroachment", or collectively, as the "Tunnels" or "Encroachments"), connecting the building at 100 Queens Quay East (Block 1) to the building at 55 Lake Shore Boulevard East (Block 2), that will encroach under Downes Street, the future public highway, substantially on the major terms and conditions set out in Attachments 1 and 2 to the report (February 6, 2023) from the Director, Permits and Enforcement, Transportation Services as the case may be, and on such other terms and conditions as may be acceptable to the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor. 2. Directed the General Manager, Transportation Services to extend the Agreement to the new owner of 100 Queens Quay East, in the event of sale or transfer of the property at 100 Queens Quay East, subject to the prior approval of the General Manager, Transportation Services, and provided in all cases the transferee or assignee enters into an assumption agreement with the City to assume the obligations under the Agreement, in a form satisfactory to the City Solicitor.

On the agenda

As the city filed it

This staff report is about a matter for which Community Council has delegated authority from City Council to make a final decision. Transportation Services has reviewed a request from Menkes 55 Lakeshore Inc., the registered owner at 100 Queens Quay East (Block 1) and 55 Lake Shore Boulevard East (Block 2) for the operation and maintenance of: (i) a public pedestrian PATH tunnel, and (ii) a private vehicular loading tunnel, which will encroach under the new public highway to be named Downes Street once it becomes dedicated to the City upon registration of the Phase 1 Plan of Subdivision.

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The site is proposed to be redeveloped and will consist of four development blocks bound by Lake Shore Boulevard East to the north, a new street to the east, Queens Quay East to the south, and Freeland Street to the west, intersected by the Harbour Street extension (to be renamed Downes Street, upon registration of the Phase I Plan of Subdivision). As part of the development, the owner of 100 Queens Quay East constructed the two tunnels connecting Block 1 and Block 2. The purpose of this report is to seek authority to enter into two encroachment agreements with the owner of 100 Queens Quay East to permit the operation and maintenance of the public pedestrian PATH tunnel and the private vehicular tunnel under Downes Street once conveyed to the City.

Staff recommended

The Director Permits and Enforcement, Transportation Services recommends that: 1. Toronto and East York Community Council authorize the City to enter into two encroachment agreements (individually, the "Agreement" or collectively, the "Agreements") with the owner of 100 Queens Quay East (the "Applicant") to permit the Applicant to maintain, repair and operate: (i) a publicly accessible pedestrian PATH tunnel (the "Pedestrian

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Tunnel") and (ii) a private vehicular loading tunnel (the "Vehicular Tunnel") (also referred to individually as a "Tunnel" or "Encroachment", or collectively, as the "Tunnels" or "Encroachments"), connecting the building at 100 Queens Quay East (Block 1) to the building at 55 Lake Shore Boulevard East (Block 2), that will encroach under Downes Street, the future public highway, substantially on the major terms and conditions set out in Attachment 1 and Attachment 2 as the case may be, and on such other terms and conditions as may be acceptable to the General Manager, Transportation Services and in a form satisfactory to the City Solicitor. 2. Toronto and East York Community Council direct the General Manager, Transportation Services to extend the Agreement to the new owner of 100 Queens Quay East, in the event of sale or transfer of the property at 100 Queens Quay East, subject to the prior approval of the General Manager, Transportation Services, and provided in all cases the transferee or assignee enters into an assumption agreement with the City to assume the obligations under the Agreement, in a form satisfactory to the City Solicitor.

On the record

The item as the City filed it

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