Item - 2022.TE34.128

The Toronto and East York Community Council:

1.  Approved the installation of the Geothermal Pipes within portions of Sussex Mews and L-shaped public laneway abutting 54 Sussex Avenue and 700 Spadina Avenue subject to the Owner(s) entering into a license agreement with the City of Toronto, agreeing to but not limited to the following:

a. indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages, and expenses that may result from such permission granted and providing of an insurance policy for such liability for the lifetime of the Agreement in a form as approved by the Deputy City Manager and Chief Financial Officer and in the amount not less than $2 million or such greater amount as the Deputy City Manager and Chief Financial Officer may require;

b. maintain the Geothermal Pipes at their own expense in good repair and a condition satisfactory to the General Manager of Transportation Services and will not make any additions or modifications to the system beyond what is allowed under the terms of the Agreement;

c. obtain approval from Toronto Building;

d. obtain approval from Toronto Water and satisfy any requirements that Toronto Water may have;

e. obtain clearances and/or sign-offs from all affected utilities and satisfy all conditions imposed by any utilities that may be affected by the installation and maintenance of the geothermal pipes;

f. provide “as-built” drawings within 60 days of completing the installation of the geothermal pipes;

g. provide a financial security in the amount as calculated by the General Manager to cover the cost for the City to complete permanent repairs associated with the restoration of the pavement of Sussex Mews and the public laneway and agree to pay all costs that may exceed this amount;

h. pay an annual Real Estate appraisal license fee for the use of the public right of way as calculated by the Director, Real Estate Services, Facilities and Real Estate, subject to periodical assessment by the Consumer Price Index (CPI);

i. limit the life of the Agreement to the removal of the geothermal system or the date of demolition of the building at 700 Spadina Avenue, whichever is the less;

j. pay for the costs of preparing the Agreement and the registration of the Agreement on title; and

k. accept such additional conditions as the City Solicitor or the General Manager, Transportation Services may deem necessary in the interest of the City.

This staff report is about a matter which Community Council has delegated authority from City Council to make a final decision.

Transportation Services is in receipt of a request from The Governing Council of the University of Toronto to install geothermal pipes within the public right of way, across Sussex Mews and an L-shaped public lane, which will connect the geothermal exchange system under the Robert Street Playing Field at 60 Sussex Avenue to a proposed new 3-storey townhouse complex at 54 Sussex Avenue and proposed new 23-storey student's residence building at 700 Spadina Avenue. Transportation Services has reviewed the request and determined that the geothermal pipe routing will not impact negatively on the public right of way, and permission should be granted to the owners for its installation and ongoing maintenance.

The purpose of this report is to request authority to enter into an encroachment agreement with the University of Toronto (the "Owner") to permit the Geothermal Pipes (the "Encroachment") under Sussex Mews and the L-shaped public lane abutting 54 Sussex Avenue and 700 Spadina Road.