(Report dated June 10, 1998, addressed to Toronto Community Council, from the Acting Assistant Director, By-law Administration and Enforcement, City Works Services.)

Subject:Construction of an Underground Pedestrian Tunnel under and across Melinda Street, Connecting the Building at 11 King Street West and the Existing Pedestrian Tunnel at 21 Melinda Street (Downtown)

Purpose:

To report on the construction of an underground pedestrian tunnel under and across Melinda Street, connecting the building at 11 King Street West to the existing underground pedestrian tunnel at 21 Melinda Street.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

That City Council approve the construction of an underground pedestrian tunnel under and across Melinda Street, connecting the building at 11 King Street West (Hammerson building) to the adjacent existing pedestrian tunnel at 21 Melinda Street (Commerce Court), subject to the respective owners of the buildings, Hammerson Canada Inc., Suite 1005, 70 University Avenue, Toronto, Ontario M5J 2M4 and National Trust Company, CIBC Development Corp. Realty Taxation, P.O. Box 109, Station Commerce Court Toronto, Ontario M5L 1E2, and such other licensees as may be required by the City Solicitor to:

(a)indemnify the City of Toronto from and against all actions, suits, claims or demands and from all loss, costs, damages, charges and expenses that may result from such permission granted;

(b)maintain the tunnel in good and proper repair and a condition satisfactory to the Commissioner of Works and Emergency Services;

(c)remove the tunnel upon receiving notice so to do with the understanding that the City shall not give such notice in the first 75 years following completion of the tunnel or for the life of the buildings at 11 King Street West and 21 Melinda Street, whichever period is less;

(d)permit additions to such tunnel to allow additional buildings to be serviced, and to permit and pay for such alterations and modifications to such tunnel as may be required at any time by the City to serve the public interest;

(e)pay an annual rental fee, as determined by the Commissioner of Corporate Services;

(f)accept such additional conditions as the City Solicitor or the Commissioner of Works and Emergency Services may deem necessary in the interest of the Corporation;

(g)make any amendments to the agreement (July 9, 1969) for the existing underground tunnel that may be required as a result of this new tunnel connection; and

(h)relocate any underground pipes or other connections that may be required to facilitate the construction of the new tunnel connection to the satisfaction of the Commissioner of Works and Emergency Services.

Background:

An encroachment agreement was entered into on July 9, 1969, with the property owners of the Commerce Court building at 21 Melinda Street for the construction and maintenance of an underground pedestrian tunnel under and across Melinda and Jordan Streets. This tunnel provides pedestrian access from the buildings at 21 Melinda Street, forming Commerce Court; to the King-Yonge Subway Station.

Comments:

Mr. Lou Micheff of Hammerson Canada Inc., 70 University Avenue, Suite 1005, Toronto, Ontario M5J 2M4, submitted an application requesting permission to construct a tunnel link under and across Melinda Street to connect into the existing Commerce Court tunnel. The proposed tunnel connection will measure 6.6 m in length, and extend 0.46 m into the City street allowance.

This new tunnel link will provide direct access from the Hammerson building (11 King Street West) into the existing Commerce Court tunnel at 21 Melinda Street.

Conclusions:

As this underground pedestrian tunnel will not impact negatively on the Melinda Street right-of-way, it should be permitted, subject to the owners of 11 King Street West and 21 Melinda Street entering into an agreement with the City of Toronto.

Contact Name and Telephone Number:

Fani Lauzon 392-7894

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