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The city’s chief planner, Jennifer Keesmaat, has previously dismissed the alternative plans, saying a win for the city in any OMB battle would be a “no-brainer.” Ms. Keesmaat also told The Globe last month that the city had no confirmation the developers had even purchased the air rights from the railways.
To address this claim, Mr. Griffis instructed his lawyers to send The Globe two short letters provided to city planners and dated Sept. 15. One is from a lawyer for Craft, the other from a lawyer for Canadian National Railway Co. and the Toronto Terminals Railway Co. Ltd., the company co-owned by CN and Canadian Pacific Railway Ltd. that controls the tracks around Union Station.
The letters say that Craft entered into a “binding and enforceable” agreement of purchase and sale in 2013 for “air space above the rail, south of Front Street West, between Bathurst Street and Blue Jays Way.”
The letters do not say if the deal has closed. The letters also do not say whether the deal is conditional on the land actually being zoned for development or for a certain density – a common clause in such deals. Mr. Griffis would not reveal any other details on Tuesday. Mr. Sweeny said the deal had not yet closed.
Local city councillor Joe Cressy, a booster of the city’s rail-deck park concept, said he and city staff had seen those letters but that they lack necessary details. The developers themselves, he said, told him when they met earlier this year that the deal was “conditional.” Regardless, he said, the city will still need to discuss terms with whoever actually holds the air rights as it proceeds with its plans to build the park.[...]