Item - 2013.TE23.18
Tracking Status
- City Council adopted this item on May 7, 2013 without amendments.
- This item was considered by Toronto and East York Community Council on April 9, 2013 and was adopted with amendments. It will be considered by City Council on May 7, 2013.
TE23.18 - Directions Report - 120 Bremner Boulevard, Block 7B, Lower Simcoe Pedestrian Bridge
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 20 - Trinity-Spadina
City Council Decision
City Council on May 7, 8, 9 and 10, 2013, adopted the following:
1. City Council approve the configuration of the proposed Bridge as shown substantially in Attachments 2, 3 and 4 to the report (March 19, 2013) from the Director, Community Planning, Toronto and East York District, and titled “120 Bremner Boulevard, Block 7B, Lower Simcoe Pedestrian Bridge - Directions Report”.
2. City Council elect to pursue third party approvals as may be required to permit the construction and use of the Bridge provided that:
a. the Applicant assumes full responsibility for the identification of all required third party approvals;
b. the City will only be pursuing third party approvals identified by the Applicant;
c. the City will not be pursuing third party approvals after the date that the City executes the Pedestrian Bridge License Agreement described in Part 3 below;
d. the Applicant will be responsible for securing all other approvals and permits required for the construction and use of the Bridge;
e. the Applicant will provide the City with a release and indemnity in favour of the City, in form and substance satisfactory to the City Solicitor, indemnifying and releasing the City from any and all claims resulting from the City pursuing or obtaining third party approvals identified by the Applicant and such an indemnity shall include without limiting the generality of the foregoing, any failure by the City to obtain any Applicant identified third party approvals or other approvals or permits required for the Construction and use of the Bridge and any disputes, losses, liability or claims arising there from; and
f. the City only incurring nominal costs for obtaining such third party approvals. For the purposes of this report, nominal costs incurred by the City means waived permit, licensing, service and registration fees and staff time expended in obtaining third party approvals for the construction and use of the Bridge.
3. City Council authorize and direct the Director, Real Estate Services, to negotiate, as facilitator and not as agent for any party, a Pedestrian Bridge Licence Agreement on terms and conditions set out in Attachment 5 to the report (March 19, 2013) from the Director, Community Planning, Toronto and East York District, and titled “120 Bremner Boulevard, Block 7B, Lower Simcoe Pedestrian Bridge - Directions Report”, and approves the City entering into such Agreement, provided such Agreement is entered into within 180 days of this Council decision, failing which or in the event that the City is to incur a cost for obtaining any third party approval the Director or City Staff shall report back to the next available meeting of Toronto and East York Community Council.
4. City Council authorize that permit, licensing, service and registration fees be waived for encroachment and licence agreements relating to the Bridge.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-57019.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-58072.pdf
Motions (City Council)
Vote (Adopt Item) May-07-2013 10:42 AM
| Result: Carried | Majority Required - TE23.18 - Adopt the item |
|---|---|
| Total members that voted Yes: 42 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 3 | Members that were absent are Michelle Berardinetti, Denzil Minnan-Wong, Karen Stintz |
TE23.18 - Directions Report - 120 Bremner Boulevard, Block 7B, Lower Simcoe Pedestrian Bridge
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 20 - Trinity-Spadina
Community Council Recommendations
The Toronto and East York Community Council recommends that:
1. City Council approve the configuration of the proposed Bridge as shown substantially in Attachments 2, 3 and 4 of the report (March 19, 2013) from the Director, Community Planning, Toronto and East York District, and titled "120 Bremner Boulevard, Block 7B, Lower Simcoe Pedestrian Bridge - Directions Report".
2. City Council elect to pursue third party approvals as may be required to permit the construction and use of the Bridge provided that:
a. the Applicant assumes full responsibility for the identification of all required third party approvals;
b. the City will only be pursuing third party approvals identified by the Applicant;
c. the City will not be pursuing third party approvals after the date that the City executes the Pedestrian Bridge License Agreement described in Recommendation 3;
d. the Applicant will be responsible for securing all other approvals and permits required for the construction and use of the Bridge;
e. the Applicant will provide the City with a release and indemnity in favour of the City, in form and substance satisfactory to the City Solicitor, indemnifying and releasing the City from any and all claims resulting from the City pursuing or obtaining third party approvals identified by the Applicant and such an indemnity shall include without limiting the generality of the foregoing, any failure by the City to obtain any Applicant identified third party approvals or other approvals or permits required for the Construction and use of the Bridge and any disputes, losses, liability or claims arising there from; and
f. the City only incurring nominal costs for obtaining such third party approvals. For the purposes of this report, nominal costs incurred by the City means waived permit, licensing, service and registration fees and staff time expended in obtaining third party approvals for the construction and use of the Bridge.
3. City Council authorize and direct the Director, Real Estate Services, to negotiate, as facilitator and not as agent for any party, a Pedestrian Bridge Licence Agreement on terms and conditions set out in Attachment 5 of the report (March 19, 2013) from the Director, Community Planning, Toronto and East York District, and titled "120 Bremner Boulevard, Block 7B, Lower Simcoe Pedestrian Bridge - Directions Report", and approves the City entering into such Agreement, provided such Agreement is entered into within 180 days of this Council decision, failing which or in the event that the City is to incur a cost for obtaining any third party approval the Director or City Staff shall report back to the next available meeting of Toronto and East York Community Council.
4. City Council authorize that permit, licensing, service and registration fees be waived for encroachment and licence agreements relating to the Bridge.
Decision Advice and Other Information
The Toronto and East York Community Council requested the City Solicitor, after further discussion with the applicant's Solicitor, to submit a report directly to City Council for its meeting on May 7, 2013, with respect to the extent of the indemnification referred to in Recommendation 2(e) of the report (March 19, 2013) from the Director, Community Planning, Toronto and East York District, headed "Directions Report -120 Bremner Boulevard, Block 7B, Lower Simcoe Pedestrian Bridge".
Origin
Summary
BcIMC HOLDCO (2007) INC. (the "Applicant") proposes to construct and maintain a PATH pedestrian bridge (the " Bridge") at its sole expense linking the Delta Toronto Hotel, currently under construction at 120 Bremner Boulevard, with the SkyWalk along the path shown substantially in Attachments 2 and 3. The Bridge is an important link to the downtown PATH system and is supported by policies in the City of Toronto Official Plan as well as the PATH Master Plan.
In 2002, Council directed staff to identify what steps would be required to construct a PATH bridge connecting a Hotel on Block 7B to either the Metro Toronto Convention Centre or the SkyWalk. Staff responded with recommendations to Council and the Railway Lands Precinct B Agreement was subsequently amended. The amended language states that the Applicant will construct, maintain, repair and operate the Bridge at the sole expense of the Applicant, provided that the City obtain all third party approvals as may be required to permit the construction and use of the Bridge.
The City may elect not to pursue such approvals, in which case the requirement for the Bridge is to terminate under the amending agreement to the Railway Lands Precinct B Agreement.
This report reviews and recommends that the City approve the configuration of the PATH Bridge shown substantially in Attachments 2, 3 and 4 and that the City pursue third party approvals as may be required to permit the construction and use of the Bridge subject to those conditions enumerated in Recommendation 2.
Background Information
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-57019.pdf
Motions
That the Toronto and East York Community Council:
1. Recommend that City Council adopt the recommendations in the report (March 19, 2013) from the Director, Community Planning, Toronto and East York District.
2. Request the City Solicitor, after further discussion with the applicant's Solicitor, to submit a report directly to City Council for its meeting on May 7, 2013, with respect to the extent of the indemnification referred to in Recommendation 2(e) of the report (March 19, 2013) from the Director, Community Planning, Toronto and East York District, headed "Directions Report -120 Bremner Boulevard, Block 7B, Lower Simcoe Pedestrian Bridge".