Item - 2025.TE24.37

The Toronto and East York Community Council:

1. Authorized the City to enter into an Encroachment Agreement (the "Agreement") with the property Owner(s) of the premises which is municipally known as 113 Yonge Street (collectively, the "Owner") to permit the Owner to repair, restore and maintain various existing underground areaways (the "Encroachment") shown in Attachment 1 to the report (June 19, 2025) from the Director, Permits and Enforcement, Transportation Services located at 113 Yonge Street (the "Owner's Lands") underneath the Adelaide Street East sidewalk and Ching Lane, substantially on the major terms and conditions set out in Attachment 3 to the report (June 19, 2025) from the Director, Permits and Enforcement, Transportation Services, and including such other terms and conditions set out in Attachment 3 to the report (June 19, 2025) 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 (June 19, 2025) 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 113 Yonge Street, in the event of a sale or transfer of the property at 113 Yonge Street, 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.

3. Requested the City Solicitor to prepare and arrange execution and registration of the Agreement as required by Toronto and East York Community Council's decision.

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 the property owner to repair, restore and maintain various existing underground areaways that are connected to the building at 113 Yonge Street, which encroach within the Adelaide Street East public right-of-way.

The purpose of this report is to request authority to enter into an encroachment agreement with the owner of the building to permit the repair, restoration and maintenance of the existing areaways.