Item - 2019.EX11.7

The Executive Committee recommends that:

1.  City Council direct the City Manager to report back to the Executive Committee with details of the proposed expropriation of City-owned land for the Union Station Enhancement Project, Package 1, after formal notice of the proposed expropriation is received from Metrolinx.

2.  City Council direct the City Manager to continue negotiations with Metrolinx on the revised terms of the Design and Construction Agreement for the implementation of the Union Station Enhancement Project, Package 1 and report back to the Executive Committee on the recommended terms of the Agreement following the conclusion of negotiations.

3.  City Council direct the City Manager to waive the City's right to request a Hearing of Necessity for the proposed expropriation of City-owned land for the Union Station Enhancement Project, Package 1.

This report provides an update on the negotiations with Metrolinx on the necessary agreements for the design and construction of Metrolinx's Union Station Enhancement Project, Package 1, for a new south concourse.

Over the past year, the City of Toronto (the "City") and Metrolinx have been actively pursuing negotiations on a framework agreement to ensure Metrolinx is able to access City-owned property that it requires to deliver the Union Station Enhancement Project, Package 1. In the interest of ensuring expedient progress on this project, Metrolinx has recently advised City staff that it intends to expropriate the City-owned land to the south of Union Station, airspace above both York Street and Bay Street at track level, along with certain portions of the Station that are required for the construction of the new south concourse. Metrolinx has committed to continuing negotiations with the City while the expropriation process unfolds in the aim of reaching a friendly agreement to acquire City property it needs to advance work on the Union Station Enhancement Project.

To avoid delaying the Union Station Enhancement Project, Package 1, this report requests authorization to waive the City's right to request a Hearing of Necessity for the proposed expropriation of City property. A Hearing of Necessity can be requested to establish whether the expropriation is "fair, sound and reasonably necessary," however the outcome is not binding upon the expropriating authority. Accordingly, this request would only serve to delay the expropriation process and would not impact the outcome.

In addition, Metrolinx has indicated that it is committed to continue negotiations on the Design and Construction Agreement with the City to allow Metrolinx to integrate new infrastructure into the City's existing base building services.