Item - 2025.TE19.19

The Toronto and East York Community Council:

1. Authorized the City to enter into an Encroachment Agreement (the "Agreement") with the owners of 1141 Bloor Street West and 980 Dufferin Street (collectively, the "Owner") to permit the owner to construct, maintain, repair and operate a publicly accessible underground pedestrian tunnel, as shown in Attachments 1 and 2 (the "Tunnel") to the report (December 18, 2024) from the Director, Permits and Enforcement, Transportation Services, to be located west of Dufferin Street across Bloor Street West, connecting the owner's lands, located at 1141 Bloor Street West and 980 Dufferin St. (the "Owner's Lands"), and Toronto Transit Commission's Dufferin Subway Station, substantially on the major terms and conditions set out in Attachment 3 to the report (December 18, 2024) from the Director, Permits and Enforcement, Transportation Services, and including such other terms and conditions or such amendments to the major terms and conditions set out in Attachment 3 to the report (December 18, 2024) from the Director, Permits and Enforcement, Transportation Services as deemed appropriate by the General Manager, Transportation Services 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 1141 Bloor Street West, in the event of a sale or transfer of the property at 1141 Bloor Street West, subject to the prior approval of the General Manager, Transportation Services 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 portion of the Tunnel on City-owned lands, in form satisfactory to the City.

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

Fitzrovia Real Estate Inc. has submitted an application on behalf of the registered owners of the property municipally known as 1141 Bloor Street West to construct a subsurface pedestrian tunnel across Bloor Street West which lies between the owners' new development at the Property and Toronto Transit Commission's Dufferin Subway Station. The tunnel will be accessible to the public during the operating hours of Toronto Transit Commission's Subway System.

The purpose of this report is to seek Community Council authorization to enter into an encroachment agreement with the owners of 1141 Bloor Street West and 980 Dufferin St. to permit the construction of the tunnel under the public highway known as Bloor Street West.