100 Armstrong Avenue - Encroachment Agreement - Basement Walkout Appeal

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The decision

2024-04-03 · Toronto and East York Community Council · adopted

As filed

The Toronto and East York Community Council: 1. Authorized the City to enter into an encroachment agreement (the "Agreement") with the owner of 100 Armstrong Avenue (the "Owner") for the purpose of permitting the owner to maintain a basement walkout fronting 100 Armstrong Avenue subject, but not limited to, the following conditions: a. the property owner shall 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 granted; b.

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maintain the basement walkout at their own expense in good repair and a condition satisfactory to the General Manager, Transportation Services and will not make any additions or modifications to the encroachment beyond what is allowed under the terms of the Agreement; c. accept such additional conditions as the City Solicitor or the General Manager, Transportation Services may deem necessary in the interest of the City; d. remove the retaining wall upon receiving written notice to do so; and e. the owner will enter into an encroachment agreement with the City of Toronto, at the owner's expense, and assume all liability and damages related to the encroachments. 2. Authorized the General Manager, Transportation Services, to negotiate, enter into and execute the encroachment agreement with the owner of 100 Armstrong Avenue as described in Part 1 above.

On the agenda

As the city filed it

This staff report is about a matter that Community Council has delegated authority from City Council to make a final decision. Transportation Services has reviewed an application to maintain an encroachment within the public right-of-way at 100 Armstrong Avenue. The encroachment consists of a basement walkout within the municipal boulevard of the Armstrong Avenue frontage of the property. The purpose of this report is

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to request authority to enter into an encroachment agreement with the property owner of 100 Armstrong Avenue to permit the basement walkout and its ongoing maintenance within the City's right-of-way on Armstrong Avenue.

Staff recommended

The Director, Permits and Enforcement, Transportation Services recommends that: 1. Toronto and East York Community Council authorize the City to enter into an encroachment agreement (the "Agreement") with the owner of 100 Armstrong Avenue (the "Owner") for the purpose of permitting the owner to maintain a basement walkout fronting 100 Armstrong Avenue subject, but not limited to, the following conditions: a. The property owner shall 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 granted; b.

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Maintain the basement walkout at their own expense in good repair and a condition satisfactory to the General Manager of Transportation Services and will not make any additions or modifications to the encroachment beyond what is allowed under the terms of the Agreement; c. Accept such additional conditions as the City Solicitor or the General Manager of Transportation Services may deem necessary in the interest of the City; d. Remove the retaining wall upon receiving written notice to do so; and e. The owner will enter into an encroachment agreement with the City of Toronto, at the owner's expense, and assume all liability and damages related to the encroachments. 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 100 Armstrong Avenue as described in recommendation 1.

On the record

The item as the City filed it

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