ADMINISTRATIVE REPORT

Date: June 11, 1998
Author/Local: J. Lowden/8462
CC File No. 3102

TO:	Vancouver City Council
FROM:	General Manager of Parks and Recreation
SUBJECT:	Lord Roberts School Playground

RECOMMENDATION

A. THAT Council designate the funds received by the City from Caesar Park Hotels and Resorts Company Ltd., under the Bayshore Parkade Construction Modification Agreement for parks use by the Park Board.

B. THAT the Board request Council to transfer to Park Board accounts the prepaid lease payment by Caesar Park Hotels and Resorts Company Ltd., for the parking garage site beneath Marina Square parksite.

C. THAT the Board request Council to authorize the expenditure of up to $250,000 of the lease payment on the Lord Roberts School site.

D. THAT the Board, as a condition of this investment, require a license for public access to the site from the School Board as outlined in this report.

CITY MANAGER'S COMMENTS

The Bayshore redevelopment included provision for a parking garage beneath the future park space provided by the developer. The proposal provided for 75 parking spaces related to the marina and 142 spaces for public use, both to be operated bythe developer. The City was to receive $247,000 in prepaid lease revenue.

Subsequently, Council approved an arrangement whereby the developer was permitted to use the parking to meet its obligations to the existing hotel for bylaw parking during construction. The prepaid lease was increased to $1,000,000 which has been paid and is currently reserved.

The developer was unable to meet the park space requirement on site and an "in-lieu" payment of $5 million was negotiated, phased over the development period. It would be appropriate to use the $5 million amount for the play area at Lord Roberts School. Under the circumstances, it is reasonable to allocate the $250,000 required for this work from the $1 million parking payment.

Entitlement to the funding from the parking lease is a larger question -- the Park Board has no inherent right to these funds, since the site will not be designated as park until completion. This issue should be dealt with in the context of other financial discussions which will take place between the Board and the City.

Therefore, the City Manager RECOMMENDS, in lieu of A-D as presented:

E. THAT Council authorize an interim allocation of $250,000 from the parking lease payment for the development of the Lord Roberts School site as described in this report.

F. THAT the Director of Legal Services be authorized to enter into a licence agreement between the City and School Board, satisfactory to her and the General Manager of Parks and Recreation.

G. THAT consideration of the allocation of parking lease payments be deferred to future discussions between City Council and the Park Board no later than September 30, 1998, without prejudice to the Park Board's position that they are entitled to the lease payments.

COUNCIL POLICY

Expenditure of Park Board funds on other than Park Board properties requires the approval of Council.

BACKGROUND

Further to the City's approvals for the redevelopment of the Bayshore Hotel lands in 1993, Park Board and City staff negotiated an initial agreement in 1993 which allowed the developer to build a parking garage beneath the central parksite.

The agreement was modified in February, 1996, and provides for the payment to the City of $1 million by the developer in return for a subsurface lease beneath the park for 50 years.

The central parksite is being developed in two phases. The first phase, including the underground garage, is complete; the second phase will commence this year. Upon completion, the park will be turned over to the City and hence the Park Board as a permanent park.

The Park Board is now requesting access to these funds derived from the developer's use of parkspace to fund park projects within the City. The first project which the Board wishes to undertake is the refurbishment of the Lord Roberts School playground area, to service West End families.

The concept of upgrading the school yard at Lord Roberts School for the benefit of the broader community has been under discussion for a number of years. The current proposal was brought before the Planning and Environment Committee of the Board on November 12,  1997, at which time the Commissioners agreed in principle with the project, subject to a satisfactory design and appropriate security for the provision of public access to the project.

DISCUSSION

While financially underwriting the school yard improvement, the Board is seeking security that the site will be available to the public in general outside of normal school hours. To this end, the Board is seeking a license for public access to the site on the following conditions:

1. The term of the license will be 10 years with a ten year option to the Park Board to extend the license, the option not to be unreasonably withheld.

2. The site of the license will be as shown on the attached sketch.

3. Public access to the site will be available at all times outside of regular school hours. The School Board will consult with the Park Board in advance of any closure of the playground site outside of regular school hours when the site is required on rare occasions for School Board/School planned activities.

4. The design of the site will be to the satisfaction of the Park Board's Director of Planning and Development, and with the concurrence of the School Board's Maintenance and Construction Manager.

5. If the School Board takes back all or part of the site within ten years, they will be required to repay the Park Board on a straight line pro rata basis, the remaining portion of the Park Board investment.

With the above described agreement in place, the Park Board would contribute up to $250,000 including design costs and staff time, for the redevelopment of the school yard site to provide park and playground amenities to the neighbouring community.

CONCLUSION

Approval of the recommendations will initiate the funding transfer process, and establish the terms of an agreement with the School Board.

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(c) 1998 City of Vancouver