Item - 2021.GL21.14

The General Government and Licensing Committee recommends that:

1. City Council authorize the City of Toronto (the City) to enter into an encroachment and construction access agreement (the Agreement) with Toronto Community Housing Corporation authorizing access to that portion of the City park lands outlined in green on the drawing on Appendix A to the report (March 12, 2021) from the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management (the Construction Access Lands) to remove or cause the removal of the existing retaining wall and board fence and authorizing the installation and operation of a wrought iron fence, steel frame board fence, concrete paving, swing gate, planting and shed (the Encroachment) on the portion of the City park lands abutting the subject property as generally shown in red on the drawing attached as Appendix A to the report (March 12, 2021) from the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management (the Encroachment Lands) on the proposed terms and conditions attached as Appendix B to the report (March 12, 2021) from the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management, and any other or amended terms and conditions satisfactory to the General Manager, Parks Forestry and Recreation and the Executive Director, Corporate Real Estate Management, or their designates, and in a form acceptable to the City Solicitor.

2. City Council severally authorize each of the Executive Director, Corporate Real Estate Management, and the General Manager, Parks, Forestry and Recreation, to administer and manage the Agreement including the provision of any consents, approvals, and notices.

3. City Council authorize the Executive Director, Corporate Real Estate Management, and the General Manager, Parks, Forestry and Recreation to work with the City Solicitor to ensure the safety of the City's lands in the event the parties fail to enter into an encroachment and construction access agreement and Toronto Community Housing Corporation fails to remove the existing fence, retaining wall and board fence within two years of City Council's decision.

4. City Council authorize the City Solicitor to prepare and arrange execution of the Agreement as required by City Council's decision.

The purpose of this report is to obtain City Council authority to enter into a nominal encroachment and construction access agreement (the Agreement) with Toronto Community Housing Corporation, the owner of 71 Merton Street. The subject property, also known as Janet Magee Manor, is operated as seniors' supportive housing. The subject property's exterior amenity space is enclosed by a retaining wall and board fence and encroaches onto a portion of City park lands.

The Agreement will regularize the longstanding encroachment by formally allowing Toronto Community Housing Corporation to remove an existing wooden retaining wall and board fence, and install, use and maintain a new wrought iron fence, steel frame board fence, concrete paving, swing gate, planting and shed along the portion of City park lands abutting the subject property.