Encroachment Agreement - 1141 Bloor Street West - Pedestrian Tunnel

The tunnel will be accessible to the public during the operating hours of Toronto Transit Commission's Subway System. The purpose of this report is to seek Community Council authorization to enter into an encroachment agreement with the owners of 1141 Bloor Street West and 980 Dufferin St. to permit the construction of the tunnel under the public highway known as Bloor Street West.

(the "Owner's Lands"), and Toronto Transit Commission's Dufferin Subway Station, substantially on the major terms and conditions set out in Attachment 3, and including such other terms and conditions or such amendments to the major terms and conditions set out in Attachment 3 as deemed appropriate by the General Manager of Transportation Services (the "GM"), and in a form satisfactory to the City Solicitor. 2. Toronto and East York Community Council direct the GM to extend the Agreement to the new owner of 1141 Bloor Street West, in the event of a sale or transfer of the property at 1141 Bloor Street West, subject to the prior approval of the GM, and provided in all cases the transferee or assignee enters into an assumption agreement with the City to assume the obligations under the Agreement, as well as the obligations under the construction and licence agreement for the portion of the Tunnel on City-owned lands, in form satisfactory to the City.