June 12, 1998

To: Urban Environment and Development Committee

From: Interim Functional Lead, Transportation

Subject: Construction of a Pedestrian Tunnel Connection between 70 University Avenue and the City of Toronto Parking Authority’s University Avenue Underground Parking Garage

Purpose:

The purpose of this report is to obtain authority to enter into an agreement with Hammerson Canada Inc. and the City of Toronto Parking Authority to construct and maintain a pedestrian tunnel connection within the road right-of-way between the City of Toronto Parking Authority’s University Avenue underground parking garage and 70 University Avenue.

Funding Sources, Financial Implications and Impact Statement:

The tunnel will be installed at the cost of the proponents and at no cost to the City. The City will realize an annual income from the rental of the road right-of-way occupied by the pedestrian tunnel, based on a fair market value as negotiated by the Commissioner of Corporate Services.

Recommendations:

It is recommended that:

(1) authority be granted for the City of Toronto to enter into an agreement with Hammerson Canada Inc., and the City of Toronto Parking Authority, 33 Queen Street West, Toronto, M5C 1R5, to construct a pedestrian tunnel connecting 70 University Avenue to the City of Toronto Parking Authority underground parking garage located under University Avenue between Front Street and King Street, subject to terms outlined in the body of this report and in a form acceptable to the City Solicitor;

(2) pedestrian tunnel revenue be directed to the Transportation Services Division of the Works and Emergency Services Department; and

(3) the appropriate City of Toronto Officials be authorized and directed to take the necessary action to give effect thereto.

Discussion:

Mr. Andrč R. Charron of Hammerson Canada Inc., 201 City Centre Drive, Suite 800, Mississauga On L5B 2T4, has submitted an application requesting permission to construct and maintain an underground pedestrian tunnel on the west side of University Avenue approximately 20m north of Wellington Street. The proposed pedestrian tunnel will measure 5m in width, by 1.7m in length and have an inside height of 2.8m. If approved, the tunnel would connect the building owned by Hammerson Canada Inc. at 70 University, to the existing City of Toronto Parking Authority University Avenue underground parking garage. The City of Toronto Parking Authority garage is also connected to 145 King Street which is in turn connected to the City of Toronto Underground Pedestrian Path System (Path System). An easement agreement in principle has been reached between Hammerson Canada Inc. and the City of Toronto Parking Authority to permit this use. It is possible that with future modifications to provide handicapped accessibility at the 145 King Street, this connection will become an official part of the Path System extending it under University Avenue between King and Wellington Streets.

Hammerson Canada Inc. (hereinafter referred to as the applicant) acknowledges responsibility for all costs of the proposed tunnel connection and has agreed to enter into an agreement with the City of Toronto covering the construction, maintenance, use and operation of the proposed pedestrian tunnel connection within the limits of University Avenue, upon the following terms:

(a) to build the pedestrian tunnel connection at no cost to the City of Toronto and to pay in advance of such construction all survey and inspection charges and the total cost of any repairs or alterations to utilities, sidewalks, boulevards, pavements and roadways resulting from the construction of the pedestrian tunnel connection;

(b) to fully indemnify and save harmless the City of Toronto and any other corporation, boards, commissions or bodies having utilities or services on or in University Avenue, which may in any manner be affected by the construction, maintenance, use or operation of this pedestrian tunnel connection from all actions, claims, suits and demands which may be brought against any or all of them by reason of or on account of the construction, maintenance, use and operation of this pedestrian tunnel connection, and from all losses costs, damages, charges or expenses which may be sustained in any work of constructing, altering, relocating or repairing any public services or utilities rendered necessary or desirable by the construction of this pedestrian tunnel connection, in their respective names, regardless of the fact that they are not parties to the Agreement;

(c) to pay all legal costs of the City of Toronto in the preparation and registration of the Agreement;

(d) to allow the construction of utilities over or under this installation, as required from time to time;

(e) to design the proposed pedestrian tunnel in accordance with standards acceptable to the Works and Emergency Services Department, including accessibility for the physically challenged, and that the detailed design plans and drawings of this structure be subject to review by the Commissioner of Works and Emergency Services;

(f) to provide at their sole expense any traffic control requirements required during construction as deemed necessary by the Commissioner of Works and Emergency Services;

(g) the lease of rights, including but not limited to sub-surface rights, commercial uses and signage, be reviewed by the Commissioner of Works and Emergency Services and, be subject to a fair market rental determined by the Commissioner of Corporate Services and payable to the City of Toronto as of the opening date.

(h) to obtain, prior to the start of construction of the pedestrian tunnel connection, all necessary approvals from the various boards, agencies and commissions having plant or utilities within the University Avenue road right-of-way in the vicinity of the pedestrian tunnel connection;

(i) to temporarily or permanently remove, alter, replace or relocate the proposed pedestrian tunnel connection for municipal purposes, in accordance with plans and specifications approved by the Commissioner of Works and Emergency Services and restore the road to a condition acceptable to the Commissioner of Works and Emergency Services at no cost to the City of Toronto, upon receiving five years advance notice from the City of Toronto, such notice shall not be given within ten years following substantial completion of the proposed pedestrian tunnel connection;

(j) to obtain insurance for comprehensive public liability coverage relating to the construction and use of the proposed pedestrian tunnel connection for the purposes of this Agreement, in an amount not less than $10,000,000.00 per occurrence, and the City of Toronto shall be named in each such contract of insurance as a co-insured and each such contract shall contain a cross-liability clause, and provide for thirty (30) days notice of material changes or cancellation; and

Conclusion:

The proposed underground pedestrian tunnel connection will not have an adverse impact on the University Avenue right-of-way, and will provide convenient access for City of Toronto Parking Authority patrons.

Contact Name:

Keeva G. Lane, Supervisor, Road Allowance Control, Transportation

Phone No.: (416) 392-9312

Fax No.: (416) 392-9317

E-mail Address: keeva_lane.metrodesk.metrotor.on.ca

Douglas P. Floyd

Interim Functional Lead

Reviewed by Barry Gutteridge

Commissioner, Works and Emergency Services