January 4, 1999

To:Toronto Community Council

From:Angie Antoniou, Manager, Right of Way Management, Transportation Services, District 1

Subject:Construction of an Underground Pedestrian Tunnel diagonally under and across the City lane connecting the rear of 100 Sherbourne Street to the rear of 320-328 Adelaide Street East (Downtown)

Purpose:

To report on the construction of an underground pedestrian tunnel diagonally under and across the City lane connecting the rear of the proposed building at 100 Sherbourne Street (also known as 311 Richmond Street East) to a proposed building at 320-328 Adelaide Street East (also known as 90R Sherbourne Street).

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

That City Council approve the construction of an underground pedestrian tunnel diagonally under and across the City lane, connecting the rear of the proposed building at 100 Sherbourne Street to a proposed building at 320-328 Adelaide Street East, subject to the respective owners of the buildings, Sherbourne Studios Inc., Attention: Plazacorp, Suite 202, 3845 Bathurst Street, Downsview, Ontario M3H 3N2 and 1073539 Ontario Limited, Suite 850, 439 University Avenue, Toronto, Ontario M5G 1Y8, and such other licensees as may be required by the City Solicitor to enter into an agreement with the City agreeing 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 proposed building at 100 Sherbourne Street (also known as 311 Richmond Street East) and 320-328 Adelaide Street East (also known as 90R Sherbourne 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)Relocate any underground pipes or other connections including the abandonment of a portion of the City sewer and installation of a new catch basin, that may be required to facilitate the construction of the new tunnel connection to the satisfaction of the Commissioner of Works and Emergency Services;

(f)Obtain the necessary approval from Toronto Hydro Electric Systems;

(g)Pay an annual rental fee, as determined by the Commissioner of Corporate Services; and

(h)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.

Comments:

Mr. Jeff King of Plazacorp Limited, 3845 Bathurst Street, Suite 202, Downsview, Ontario M3H 3N2, submitted an application requesting permission to construct an underground pedestrian tunnel diagonally under and across the City lane, linking the proposed building at 100 Sherbourne Street to the proposed building at 320-328 Adelaide Street East. The proposed 1.9 m wide pedestrian tunnel will measure 17.4 m in length within the City lane.

The tunnel will provide the residents of the proposed building at 100 Sherbourne Street with a direct underground link to the parking area to be situated in the proposed building of 320-328 Adelaide Street East.

Conclusions:

As this underground pedestrian tunnel will not impact negatively on the lane right-of-way, it should be permitted subject to the owners of 100 Sherbourne Street and 320-328 Adelaide Street East, entering into an agreement with the City of Toronto.

Contact Name and Telephone Number:

Fani Lauzon 392-7894

Manager

AML

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