Item - 2024.NY10.28

The North York Community Council:

1. Authorized Transportation Services to permit the installation of a proposed chain link fence, retaining the edges, and walls of the existing fence, gazebo, shed, and sand box within the City boulevard along Fairlawn Avenue, Greer Road, and Brookdale Avenue and enter into an encroachment agreement with the Toronto District School Board in accordance with the City of Toronto Municipal Code, Chapter 743, Streets and Sidewalks, Use of, as generally shown in the enclosed attachments, subject to the following conditions:

1. The applicant/contractor will obtain utility sign-offs indicating no conflict
2. The owner enters into an encroachment agreement with the City of Toronto at the applicant's
   expense and assume all liability and damages related to the encroachment for proposed and
   existing structures
3. The property owner must retain valid liability insurance for the duration of the encroachment in
   case there are any claims initiated due to the encroachment.
4. The property owner agrees that the City and/or utility companies may remove the fence or retaining structure to install or maintain services within the affected public right-of-way with no obligation to replace the encroachment
5. Any other conditions considered appropriate by the General Manager or the City Solicitor.

John Wanless Public School at 245 Fairlawn Avenue applied in June 2023 to replace their existing fence due to disrepair and it being too short. The fence currently sits on the public right-of-way, so an encroachment agreement is required to install the replacement fence in the same location as the existing one. The fence has been installed on the public right-of-way with no issue for the duration of its existence. Therefore, Transportation Services is requesting authority to enter into an encroachment agreement with Toronto District School Board to permit the proposed installation of chain link fence, small retaining edges, and walls along Greer Road and existing wood fence, gazebo, shed, and sand box along Brookdale Avenue.