Vancouver City Council |
ADMINISTRATIVE REPORT
Date: January 8, 2004
Author/Local: K Turnbull/7156
RTS No. 03894
CC File No. 5104
Meeting Date: January 27, 2004
TO:
Vancouver City Council
FROM:
General Manager of Engineering Services
SUBJECT:
Proposed Lease of a Portion of Powell Street Adjacent to 1155 Franklin Street
RECOMMENDATION
THAT Council close, stop-up and lease that portion of Powell Street Adjacent to 1155 Franklin Street as shown hatched on the plan attached as Appendix A, subject to the following conditions:
112027496. The term of the lease to be five (5) years with a six months notice of cancellation should the lease area be required for any municipal purpose;
112027497. The rental to be $10.00 per year;
112027498. The lease area to be used only for parking, manoeuvring and storage;
112027499. There are to be no permanent buildings or structures, other than a fence placed on the lease area. The fence to be maintained at the expense of the Lessee and in a manner satisfactory to the General Manager of Engineering Services;
112027500. The lessee is to maintain the lease area, including responsibility for drainage, in a manner satisfactory to the General Manager of Engineering Services;
112027552. Upon expiry or termination of the lease, the Lessee is to be responsible for restoration of the lease area to the satisfaction of the General Manager of Engineering Services;
112027553. 7.The City and utility companies are to have the right of entry, at any time, to the lease area for the purpose of installing, maintaining and repairing public utilities;
112027554. The Lessee to assume full responsibility for liabilities, losses and damages from their occupancy or use of the lease area, and to insure the proposed lease area with a comprehensive general liability insurance policy to the satisfaction of the Director of Real Estate Services and the Director of Risk Management;
112027555. The lease agreement to be to the satisfaction of the Director of Legal Services and the General Manager of Engineering Services; and
112027556. No legal right or obligation shall be created and none shall arise hereafter, until the documents are executed.
COUNCIL POLICY
The authority for closing and disposing of streets and lanes is set out in the Vancouver Charter.
PURPOSE
The purpose of this report is to seek Council authority to close, stop-up and lease a portion of Powell Street north of 1155 Franklin Street.
BACKGROUND
In March, 1973, the City of Vancouver acquired and registered an option to purchase the subject portion of Lot 18, for future road purposes and subsequently exercised the option in 1980 and acquired title. Council by resolution has established the subject portion of Lot 18 as road.
DISCUSSION
The current 10-year lease has expired and the owner of the Remainder of Lot 18, Tarson Food Inc. has requested a new lease.
The subject portion of Powell Street is not required for municipal purposes at the present time. As there is a possibility the City may wish to expand Powell Street at some future date, the proposed lease will contain a six-month notice of cancellation.
CONCLUSION
The proposed lease will provide for the indemnification of the City and will require that the lessee be responsible for the maintenance of the lease area. The future use of the lease area will be assured through the cancellation provisions in the lease. It is therefore recommended that Council approve the lease, subject to the conditions set out in this report.
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