IN-CAMERA COUNCIL MEETING
DECEMBER 1, 2009
DECISIONS AND REPORTS RELEASED
Appointments to Advisory Bodies
A. THAT Council appoint the following individuals to the Chinatown Historic Area Planning Committee for two-year terms (2010 – 2011):
(i) Terrence Burnett (as the Heritage Vancouver representative);
(ii) Alan James (as the AIBC representative); and
(iii) Gilbert Tan and Helen Wong (as Members-at-Large)
B. THAT Council appoint the following individuals to the Development Permit Board Advisory Design Panel for two-year terms (2010 – 2011):
(i) Chris Chung (as representative from the General Public); and
(ii) Foad Rafii (as representative from the Development Industry)
C. THAT Council appoint the following individuals to the Gastown Historic Area Planning Committee for two-year terms (2010 – 2011):
(i) Larry Traverence (as a representative from Community Business);
(ii) Anthony Norfolk (as a representative from Community Heritage);
(iii) Jim Lehto (as a representative from Community Hospitality); and
(iv) Carol Sill (as a Resident Owner representative); and
FURTHER THAT Council appoint the following individual to the Gastown Historic Area Planning Committee for a one-year term (2010):
Dorothy Martin (as a representative from Community Business)
The Other Report dated November 25, 2009 , refers.
Lease of City-owned property at 1700 Kingsway to AutoBahn Import Auto Service
THAT Council approve a lease to AutoBahn Import Auto Services for the premises situated at 1700 Kingsway legally described as Lots 1-6 , Except Part in Reference Plan 2394, of Lots 6 and 7, Blocks 7, 9 and 11, DL 352, Plan 3014; on the following terms and conditions:
Term: Five (5) years commencing on January 1, 2010;
Option to Renew: One three (3) year option to renew on the same terms and conditions save and except rent which is to be at the then market rate and the cancellation clause which will be the standard one year notice of termination by either party;
Rent: The gross rent plus applicable taxes, all to be credited to the PEF, includes an amount for Taxes in Lieu is to be set as follows:
[ … ]
Cancellation Clause: The Landlord or Tenant may terminate the Lease upon providing one (1) year written notice of termination;
Use: Automotive repair; and
Other Terms: All other terms contained in the City’s Standard Lease Agreement; all to be drawn to the satisfaction of the Directors of Legal and Real Estate Services; it being noted that no legal right or obligation is created and none shall arise hereafter until the execution of the lease documents.
The relevant report remains sensitive and cannot be released.
Lease Renewal to Discovery Islands Organics Ltd. At 2635 Kaslo Street
THAT Council approve a lease renewal of the warehouse premises situated at 2635 Kaslo Street to Discovery Islands Organics Ltd. legally described as Lot 2 South ½ of Section 35, THSL Plan 9744 on the following terms and conditions:
Term: Three (3) years commencing January 1, 2010.
Rent: [ … ]
Use: The premises are to be used for food storage and distribution warehouse.
Termination: The Landlord shall have the right to terminate the Lease upon twelve (12) months written notice at any time during the Term.
Other: All other general terms of the current lease to apply to the lease renewal; all to be drawn to the satisfaction of the Director of Legal Services and Real Estate Services, it being noted that no legal right or obligation is created and none shall arise hereafter until the document is executed.
Rent to be credited to the Property Endowment Fund.
The relevant report remains sensitive and cannot be released.
False Creek Residential Leasehold Properties – Prepayment Program
A. THAT Council authorize the Director of Real Estate Services to offer a new prepayment program (the "Prepayment Program") to the residential lessees (the "Section I Rent Review Lessees") in the False Creek strata developments commonly referred to as VR419, VR442, VR466, VR514, VR551, VR552, and VR588 who have not prepaid their rent under their ground lease with the City and whose leases are currently under rent review, such Prepayment Program to provide:
1. for the prepayment amounts set out in Column E of Section I of Appendix A of the Administrative Report dated November 25, 2009, entitled “False Creek Residential Leasehold Properties – Prepayment Program”;
2. that the Prepayment Program remain open for a period from June 1, 2010 through December 31, 2012, at which time the Prepayment Program for the Section I Rent Review Lessees would expire; and
3. that for Section I Rent Review Lessees who prepay after June 1, 2010, but before the expiry of the Prepayment Program on December 31, 2012, the City apply an adjustment factor increase of 1.08% to the prepayment amounts in Column E of Section I of Appendix A of the above-noted Administrative Report on a monthly basis.
B. THAT Council authorize the Director of Real Estate Services to offer prepayment programs similar to the Prepayment Program to the residential lessees (the "Section II Rent Review Lessees") in the False Creek strata developments commonly referred to as VR691 (2010 Rent Review Date), and VR1112 and VR1157 (2012 Rent Review Dates) who have not prepaid their rent under their ground leases with the City and whose leases will be under rent review in 2010 and 2012, such prepayment programs to provide:
1. for the prepayment amounts set out in Column E of Section II of Appendix A of the Administrative Report dated November 25, 2009, entitled “False Creek Residential Leasehold Properties – Prepayment Program”;
2. that the Prepayment Program remain open for a period from June 1, 2010 through December 31, 2012, at which time the Prepayment Program for the Section II Rent Review Lessees would expire;
3. that for lessees in strata development VR691 who prepay after June 1, 2010, but before the expiry of the Prepayment Program on December 31, 2012, the City apply an adjustment factor increase of 1.08% to the prepayment amounts in Column E of Section II of Appendix A of the above-noted Administrative Report on a monthly basis; and
4. that for lessees in strata developments VR1112 and VR1157 who prepay after September 1, 2012, but before the expiry of the Prepayment Program on December 31, 2012, the City apply an adjustment factor increase of 1.08% to the prepayment amounts in Column E of Section II of Appendix A of the above-noted Administrative Report on a monthly basis.
C. THAT Council authorize the Director of Real Estate Services to:
1. commence the arbitration process (approved by Council on April 7, 2009) in January, 2010 for the Section I Rent Review Lessees; and
2. give written notice to the Section I Rent Review Lessees that if a Section I Rent Review Lessee:
(a) elects not to prepay the ground lease in accordance with the Prepayment Program and instead continues to pay monthly rent to the City; and
(b) has not accepted the revised ground rent proposed by the City,
that the ground rent payable by the Section I Rent Review Lessee will be as determined by the arbitration process commenced in January 2010 in accordance with the rent review provisions of the relevant ground lease.
The relevant report remains sensitive and cannot be released.