Item - 2022.TE33.37

The Toronto and East York Community Council:

1. Authorized the City to enter into two encroachment agreements (individually, the "Agreement" or collectively, the "Agreements") with the owners of 141 Bay Street (collectively, the "Applicant") to permit the Applicant to construct, maintain, repair and operate two publicly accessible pedestrian bridges: (i) connecting 141 Bay Street and Union Station (the "North Bay Pedestrian Bridge") and (ii) connecting 141 Bay Street to 1 The Esplanade (the "Yonge Street Pedestrian Bridge") (also referred to individually as a "Bridge" or "Encroachment", or collectively, as the "Bridges" or "Encroachments"), substantially on the major terms and conditions set out in Attachment 1 and Attachment 2 to the report (May 9, 2022) from the Director, Permits and Enforcement, Transportation Services, as the case may be, and on such other terms and conditions as may be acceptable to the General Manager, Transportation Services (the "GM"), and in a form satisfactory to the City Solicitor.

2.  Directed the General Manager, Transportation Services to extend the Agreement to the new owner of 141 Bay Street, in the event of sale or transfer of the property at 141 Bay Street, subject to the prior approval of the GM, and provided in all cases the transferee or assignee enters into an assumption agreement with the City to assume the obligations under the Agreement, as well as the obligations under the construction and licence agreement for the Bridges for the portion of the Bridges on City-owned lands, in a form satisfactory to the City Solicitor.

This staff report is about a matter for which Community Council has delegated authority from City Council to make a final decision.

Transportation Services has reviewed a request from 141 Bay Street Property I Inc. and Hines 141 Bay Property Inc., the registered owner of the property at 141 Bay Street, for the construction and maintenance of two publicly accessible pedestrian bridges.  One bridge connection will be from 141 Bay Street to Union Station, which will encroach over the Bay Street public right-of-way, and the second bridge connection will be from 141 Bay Street to the existing structure at 1 The Esplanade, which will encroach over the Yonge Street public right-of-way.

The purpose of this report is to seek authority to enter into two encroachment agreements with the owner of 141 Bay Street to permit the construction and maintenance of the bridge over the Bay Street public right-of-way and the bridge over the Yonge Street public right-of-way.