196 Borden Street - Encroachment Agreement - Basement Walkout Appeal

authority to enter into an encroachment agreement with the property owner of 196 Borden Street to permit the construction and ongoing maintenance of the basement walkout within the City's right of way on Borden Street.

The property owner shall assume all liability and damages related to the encroachments and release and indemnify the City with respect to any claims in relation thereto; 2. The property owner must retain valid property insurance for the duration of the encroachment installation on the right of way in an amount and with coverages satisfactory to the General Manager, Transportation Services; 3. The property owner shall agree that the City and/or utility companies may remove the encroachments at any time in order to install or maintain services within the affected public right of way with no obligation to replace them; 4. The property owner shall remove the encroachments if required by the General Manager, Transportation Services, at any time and restore the street to the satisfaction of the General Manager, Transportation Services; 5. The basement walkout is to have a minimum setback of 0.5 metres from the sidewalk and hydro pole; and 6. Obtain clearances and/or sign-offs from all affected utilities and satisfy all conditions imposed by any utilities that may be affected by the installation and maintenance of the basement walkout. 2. Toronto and East York Community Council authorize the General Manager Transportation Services, to negotiate, enter into and execute the encroachment agreement with the owner of 196 Borden Street as described in recommendation 1.