Item - 2026.TE34.200

That City Council delete Toronto and East York Community Council Recommendation 3.

Recommendation to be deleted:

3. City Council direct the General Manager, Transportation Services to include in any permit issued or agreement entered into further to Recommendation 1 above the following contributions and conditions, notwithstanding anything to the contrary contained in either the Donations Policy or Toronto Municipal Code Chapter 743, Streets and Sidewalks Use of:

a. that, no later than September 1, 2026, the Owner deliver to Parks and Recreation ten (10) of the durable, colourful Oasis benches that are already installed at 664-660 Spadina Avenue, as shown in the attached photo, to be installed at locations in Ward 11 determined by the General Manager, Parks and Recreation in consultation with the Ward 11 Councillor; and

b. that, no later than October 1, 2026, the Owner obtain all necessary permits and perform asphalt grinding, necessary base repairs and repave Sussex Mews, the laneway just west of Spadina Avenue, from Sussex Avenue to Harbord Street, as specified in the City’s Road Works specifications, and to install there at least three speed bumps, further to Toronto and East York Community Council Item TE1.44, as adopted by City of Toronto Council on February 1, 2 and 3, 2005, all to the satisfaction of the General Manager of Transportation Services.

and instead adopt the following:

3. City Council direct the General Manager, Transportation Services, and the General Manager, Parks and Recreation, respectively, notwithstanding the City of Toronto’s Donation Policy and prior to the General Manager, Transportation Services entering into the encroachment agreement described in Recommendation 1, to enter into and execute donation agreements to accept the following in-kind donations from the Owner on terms and conditions satisfactory to the respective General Managers and in a form satisfactory to the City Solicitor, including a term providing that, should the City require the removal of the encroachment(s) for any reason other than default by the licensee, its successors or assigns under the applicable encroachment agreement, the parties shall negotiate in good faith an equitable resolution respecting the consequences of such removal, provided that any agreement requiring the City to make a monetary payment or provide other financial consideration shall be subject to the approval of City Council:

a. the Owner shall deliver to Parks and Recreation ten (10) durable, colourful Oasis benches, with anti-graffiti coatings, and install them at locations in Ward 11 determined by the General Manager, Parks and Recreation in consultation with the Ward 11 Councillor; and

b. the Owner shall obtain all necessary permits and perform asphalt grinding, necessary base repairs and repave Sussex Mews, the laneway just west of Spadina Avenue, from Sussex Avenue to Harbord Street, as specified in the City’s Road Works specifications, and to install there at least three speed bumps, all to the satisfaction of the General Manager of Transportation Services, together with any terms and conditions required by the General Manager, Transportation Services related to the inspection and acceptance of the repaving works.

That:

1. City  Council authorize the General Manager, Transportation Services, to enter into an encroachment agreement (the “Agreement”) with the property owner of 664-660 Spadina Avenue (the “Owner”), to permit the construction and maintenance of a walkway platform and bollards within the public right of way fronting 660-664 Spadina Avenue, subject, but not limited to, the following conditions:

a. the Owner shall indemnity 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;

b. the Owner shall maintain the walkway platform and bollards 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;

c. the Owner shall maintain the encroachment at their own expense in good repaid and in 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. the Owner shall remove the encroachment upon receiving written notice from the General Manager, Transportation Services to do so;

e. the Owner shall agree that the City and/or utility companies may remove the encroachment at any time in order to install or maintain services or infrastructure within the affected public right of way with no obligation to replace them;

f. the Owner shall obtain all necessary permits for the encroachment from Toronto Building and Municipal Licensing and Standards, if required;

g. the Owner shall pay:

1. an annual licence fee as determined by Corporate Real Estate Management, which shall be adjusted annually based on the Consumer Price Index (Toronto, all items), and be recalculated every five (5) years; and

2. any applicable property taxes eligible;

h. the Owner shall enter into the Agreement at the Owner’s expense and assume all liability and damages related to the encroachment;

i. the Owner shall amend its site plan application in consultation with City staff to reflect the actual built form of 664-660 Spadina Avenue, and to best facilitate pedestrian travel and winter maintenance within the area affected by its encroachment;

j. that the encroachment be constructed in accordance with the amended site plan; and

k. such other additional or amended conditions as the City Solicitor or the General Manager, Transportation Services may deem necessary in the interest of the City.

2. City Council direct that the authority granted by Council in Recommendation 1 above be conditional upon the Owner obtaining all required clearances from affected City divisions, units, agencies and the Public Utility Coordinating Committee, including signoffs from all public utility companies and satisfying all associated requirements.

3. City Council direct the General Manager, Transportation Services to include in any permit issued or agreement entered into further to Recommendation 1 above the following contributions and conditions, notwithstanding anything to the contrary contained in either the Donations Policy or Toronto Municipal Code Chapter 743, Streets and Sidewalks Use of:

a. that, no later than September 1, 2026, the Owner deliver to Parks and Recreation ten (10) of the durable, colourful Oasis benches that are already installed at 664-660 Spadina Avenue, as shown in the attached photo, to be installed at locations in Ward 11 determined by the General Manager, Parks and Recreation in consultation with the Ward 11 Councillor; and

b. that, no later than October 1, 2026, the Owner obtain all necessary permits and perform asphalt grinding, necessary base repairs and repave Sussex Mews, the laneway just west of Spadina Avenue, from Sussex Avenue to Harbord Street, as specified in the City’s Road Works specifications, and to install there at least three speed bumps, further to Toronto and East York Community Council Item TE1.44, as adopted by City of Toronto Council on February 1, 2 and 3, 2005, all to the satisfaction of the General Manager of Transportation Services.