Item - 2022.IE27.5

The Infrastructure and Environment Committee recommends that:

1. City Council authorize the General Manager, Transportation Services to negotiate, enter into, and execute an agreement with Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario, generally in accordance with the Agreement Terms listed on page 3 of this report dated December 20, 2021 from the General Manager, Transportation Services, and on such other terms and conditions satisfactory to the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor.

Cinemart Drive, built in 1985, is a collector road located north of Highway 401 and runs westerly from Morningside Avenue to Milner Avenue and primarily serves the Smart Centres' commercial shopping mall located on the north side of Cinemart Drive.  There is a portion of Cinemart Drive that falls within the Ontario Ministry of Transportation's right-of-way between Morningside Avenue and approximately 220 metres west thereof which will continue to be retained by the Ministry (See Appendix 1 Map), while the remaining portion of Cinemart Drive continues to be under the jurisdiction of the City of Toronto.

The purpose of this report is to seek authorization for the execution of an agreement between the City of Toronto and Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario to formalize and clarify both parties' respective responsibilities and cost sharing obligations for the maintenance and rehabilitation of that portion of Cinemart Drive located within the Minister of Transportation for the Province of Ontario's right-of-way, including the bridge structure over Minister of Transportation for the Province of Ontario's ramp connecting Morningside Avenue southbound to Highway 401 westbound.

The term of the agreement would be for one (1) year from the date of its execution by both parties, with automatic yearly renewals until the agreement is cancelled in writing by either party with sixty (60) days prior notice or on such other date as the parties agree. Should there be substantive changes to the agreement conditions or responsibilities that would impose additional costs or risk on either party while the agreement is in effect, Transportation Services would submit a report to City Council seeking the necessary authority to amend the agreement.