87 Delemere Avenue - Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447

3. Authorized the General Manager, Transportation Services to enter into an encroachment agreement with the property owner of 87 Delemere Avenue, to permit the maintenance of the existing wooden privacy fence that ranges from approximately 2.0 to 2.5 metres in height, subject, but not limited to the following conditions: a. The property owner will indemnify the City of Toronto 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. The property owner will maintain the subject fence 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. The property owner will 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. The property owner will remove the subject fence upon receiving written notice from Transportation Services to do so; e. The property owner will enter into an encroachment agreement with the City of Toronto, at the applicant's expense, and assume all liability and damages related to the encroachments; f. The property owner will alter the wooden privacy fence to provide a 3.0 metre x 3.0 metre vision splay (i.e., at a 45-degree angle) at the southwest corner of their property; and g. No spikes or pointed tops are permitted on the fence, gate or pillars.