Item - 2009.TE25.46

The Toronto and East York Community Council recommends that:

1.         City Council approve the request to construct an overhead enclosed pedestrian bridge crossing Shuter Street and connecting the existing St Michael’s Hospital building at 30 Bond Street with the Li Ka Shing Knowledge Institute building at 209 Victoria Street which will encroach within the public right of way, subject to the property owner entering into an encroachment agreement with the City of Toronto, agreeing to but not limited to the following:

a.         indemnify the City from and against all actions, suits, claims or demands and from all loss, cost, damages and expenses that may result from such permission granted and providing an insurance policy for such liability for the life time of the Agreement in a form as approved by the Deputy City Manager and Chief Financial Officer and in an amount not less than $2,000,000 or such greater amount as the Deputy City Manager and Chief Financial Officer may require;

b.         obtain approval for associated work on private property from Toronto Building;

c.         design and construct the bridge to comply with the Canadian Highway Bridge Design Code (CAN/CAS) for highway loading purposes, as amended, superseded or replaced from time to time, including allowance for impact factors;

d.         provide “as constructed" drawings within 90 days of completing the construction of the pedestrian bridge;

e.         limit the life of the Agreement to the removal of the encroachment or the date of the demolition of the building at 30 Bond Street and/or 209 Victoria Street, whichever is less;

f.          pay for the costs of preparing and registration of the Agreement on title;

g.         obtain clearances and/or sign offs from all affected public utilities within the proposed area of construction and satisfy any requirements they may have; and

h.         accept such additional conditions as the City Solicitor or the General Manager of Transportation Services may deem necessary in the interest of the City.

2.         City Council direct Legal Services and/or the General Manager of Transportation Services to extend the Encroachment Agreement to the new owner, in the event of sale or transfer of the property abutting the encroachments, subject to the approval of the General Manager of Transportation Services.

3.         City Council request Legal Services to prepare, execute and register the

Agreement on title.

Transportation Services has assessed a request from the agent of St Michael’s Hospital to construct an overhead enclosed pedestrian bridge which will encroach within the public right of way spanning Shuter Street and linking the existing St Michael’s Hospital building at 30 Bond Street to the Li Ka Shing Knowledge Institute building, 209 Victoria Street.

Given the proposed bridge will not impact negatively on the public right of way and clearances, Transportation Services recommends approval of the encroachment.

There is no financial impact to the City as a result of this report.