Item - 2024.TE17.19

The Toronto and East York Community Council:

1. Authorized the City to enter into an Encroachment Agreement with the Royal Ontario Museum permitting the construction and maintenance of the four manholes, subject to the following conditions:

a. authorize the General Manager, Transportation Services to enter into the Encroachment Agreement on the terms and conditions set in Parts 1.b. through 1.g. below, and on any other terms and conditions satisfactory to the General Manager, Transportation Services may deem necessary in the interest of the City and in a form satisfactory to the City Solicitor;

b. indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages, and expenses that may result from such permission granted and providing of an insurance policy for such liability for the lifetime of the Agreement in a form as approved by the Deputy City Manager, Infrastructure Services and the Chief Financial Officer and Treasurer and in the amount not less than $5 million or such greater amount as the Deputy City Manager, Infrastructure Services and the Chief Financial Officer and Treasurer may require;

c. maintain the proposed manholes at their own expense in good repair and a condition satisfactory to the General Manager, Transportation Services and will not make any additions or modifications to the encroachment beyond what is allowed under the terms of the Agreement;

d. remove the proposed manholes upon receiving written notice to do so;

e. the property owner will provide a financial security in the amount of $67,139.79 to guarantee the work within the public right-of-way for a period of two years;

f. obtain all Public Utility Coordinating Committee clearances and/or sign-offs from the public utility companies and satisfy any requirements they may have; and

g. provide as-built drawings within 60 days of completing the construction of the manholes to Engineering and Construction Services, Attention: Engineering Support Services, Engineering Surveys Supervisor at engsvy@toronto.ca.

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

The purpose of this report is for Toronto East York Community Council to consider an appeal from the agent of the property owner of 100 Queen's Park, the Royal Ontario Museum ("the ROM"), regarding their proposed encroachment application. The proposed encroachment consists of four manholes ("the manholes") within the Bloor Street West sidewalk, which is in contravention of City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of.

The agent on behalf of the ROM is seeking authority from Toronto and East York Community Council to permit the four manholes to be installed within the public right-of-way fronting 100 Queen's Park and enter into an encroachment agreement with the City.

The proposed manhole encroachments do not meet the requirements of the City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of, for delegated approval as an encroachment by the General Manager, Transportation Services.