IN CAMERA COUNCIL MEETING

JULY 26, 2011

DECISIONS AND REPORTS RELEASED

Appointments to Civic Agencies

A. THAT John Swift be appointed to the Vancouver Public Library Board, term to commence immediately and end December 31, 2011.

B. THAT Gilbert Tan be appointed to the Board of Variance, term to commence immediately and end July 27, 2012.

C. THAT the terms of the following current members of the Vancouver Economic Development Commission be extended to the dates noted below:

• Penny Ballem – July 26, 2013
• Tom English – July 26, 2012
• Glenn Entis – July 26, 2013
• Bruce Flexman – July 26, 2013
• Moura Quayle – July 26, 2013.

The attached Administrative Report dated July 15, 2011, refers.

 

Lease of Crown Land by the City of Vancouver on behalf of the Vancouver Park Board to provide parking for the Vancouver Aquatic Centre

A. THAT Council authorize the Director of Real Estate Services to negotiate and execute a new lease (the “Lease”), with Her Majesty the Queen in Right of the Province of British Columbia (the “Province”) for vacant land situated under the Burrard Street Bridge to provide parking for the Vancouver Aquatic Centre (as shown in Appendix A of the Administrative Report dated July 5, 2011, entitled “Lease of Crown Land by the City of Vancouver on behalf of the Vancouver Park Board to provide parking for the Vancouver Aquatic Centre”) and legally described as PID: 007-031-866 Lot 9 District Lot 5317 Plan 19362, (the “Land”) on the following terms and conditions:

Term:

 

Thirty (30) years commencing January 1, 2011.

 

Rent:

 

For the first year of the term [ … ] payable in advance on the commencement Date: and for each year during the remainder of the Term five (5%) of the gross revenue from 39 parking stalls collected for the previous year, less the prepaid amount of [ … ].

 

Indemnity:

 

The City to grant an indemnity to the Province, for the following:

 

a)

Any losses the Province may suffer as a result of any breach, violation or non performance of a provision of this Agreement by the City;

 

b)

any personal injury, (including death), or property damage occurring or happening on or off the Land by virtue of the City’s entry upon, use or occupation of the Land;

 

c)

 

for losses arising from any conflict between the rights of the City under the Lease and the rights of other persons, pursuant to specific Provincial statutes, as they relate to the natural resources on the leased land.

 

Use:

 

Parking, Seawall and Walkway.

 

Insurance:

 

The City to provide evidence of self insurance and continuation of its self insurance program to the satisfaction of the Province.

 

Other Terms:

 

Such other terms and conditions of the Lease to be drawn to the satisfaction of the Director of Legal Services and the Director of Real Estate Services it being noted that no legal right or obligation shall arise until the lease is executed by both parties.

 

B. THAT Council authorize the payment to the Province of back-rent of [ … ] plus applicable taxes for the past period when the City was in occupation of the Land but did not make rental payments for the use of the Land.

The attached Administrative Report dated July 5, 2011, refers.

 

7309 Knight Street: Acquisition of a Statutory Right of Way for Left Turn Bays on Knight Street at 57th Avenue

A. THAT Council authorize the Director of Real Estate Services to proceed with the acquisition of a Statutory Right of Way from Chevron Canada Limited (“Chevron”) for a 50.3 square metre (541.42 sq.ft.) road widening strip at 7309 Knight Street, legally described as That portion of Parcel Identifier: 010-296-719, Lot 7 Except: Firstly: South 3 feet, Secondly: part Shown In Plan LMP33282, Block 23, District Lot 200, Group 1, New Westminster District, Plan 7942 as shown on Reference Plan of Statutory Right of Way, marginally numbered LD5060, a copy of which is attached as Appendix A to the Administrative Report dated June 29, 2011, entitled “7309 Knight Street: Acquisition of a Statutory Right of Way for Left turn Bays on Knight Street at 57th Avenue”, for the sum $65,000 plus applicable taxes and such Statutory Right of Way may include:

i. a grant of an indemnity by the City in favour of Chevron in which the City will indemnify Chevron for any losses it may suffer, as a result of any negligence or wilful misconduct of, or breach of the Statutory Right of Way by the City; and

ii. on such other terms and conditions to the satisfaction of the Directors of Real Estate and Legal Services and General Manager of Engineering Services.

B. THAT Council approve the payment of $40,000 plus applicable taxes to Chevron, for all on-site out of pocket costs associated with the relocation of the identification signs, landscaping and site restoration necessitated by the City’s use of the Statutory Right of Way area (“SRW Area”) and $105,633 for expected business losses that will be incurred during the time it takes to rebuild the commercial crossing in the SRW Area, plus a further payment of $3,408 per day for each day that the work exceeds the 30 day time period Engineering estimates to complete the work in the SRW Area.

The attached Administrative Report dated June 29, 2011, refers.

 

2776 East Broadway – Lease of City-owned Property to en Lochang dba Vancouver Bridge Club

THAT Council authorize the Director of Real Estate Services to negotiate and execute a lease renewal with Ken Lochang dba Vancouver Bridge Club for the City-owned property situated at 2776 East Broadway, as shown in Appendix A of the Administrative Report dated July 4, 2011, entitled “2776 East Broadway – Lease of City-owned Property to Ken Lochang dba Vancouver Bridge Club” and legally described as PID: 009-551-581, part of Lot 2 south Half of section 35, Town of Hastings Suburban Lands Plan 9744, on the following terms and conditions:

Term: Four (4) years commencing August 1, 2011

Rent: [ … ] per annum ([ … ] per sq. ft.) [ … ] per month inclusive of property taxes as if levied, plus HST

Rent Free Period: One (1) month gross rent

Use: Bridge and Card Playing Club

Other Terms The lease renewal is to be provided on the City’s
& Conditions: Standard Lease Renewal document drawn to the satisfaction of the Directors of Legal and Real Estate Services, it being that no legal right or obligations shall arise or be created until the lease renewal document is fully executed by both parties.

Rent to be credited to the Property Endowment Fund (PEF).

The attached Administrative Report dated July 4, 2011, refers.

 

1122 Southwest Marine Drive – Lease of City-owned Property o Westport Manufacturing Co. Ltd.

THAT Council authorize the Director of Real Estate Services to negotiate and execute a lease with Westport Manufacturing Co. Ltd. for City-owned property situated at 1122 Southwest Marine Drive, as shown on Appendix A of the Administrative Report dated July 4, 2011, entitled “1122 Southwest Marine Drive – Lease of City-owned Property to Westport Manufacturing Co. Ltd.” and legally described as PID: 004-861-132, Lot D of Lots 15 to 17 of Block C District Lots 318 and 319 Plan 12137, subject to the following general terms and conditions:

Term: Five (5) years commencing July 1, 2011

Rent: Year 1: [ … ] per annum ([ … ] per sq. ft.) [ … ] per month plus property taxes and HST

Year 2: [ … ] per annum ([ … ] per sq. ft.) [ … ] per month plus property taxes and HST

Year 3: [ … ] per annum ([ … ] per sq. ft.) [ … ] per month plus property taxes and HST

Year 4: [ … ] per annum ([ … ] per sq. ft.) [ … ] per month plus property taxes and HST

Year 5: [ … ] per annum ([ … ] per sq. ft.) [ … ] per month plus property taxes and HST

Use: Office and Warehouse use for the manufacturing of drapery, bedspreads, and specialty window coverings.

Other Terms
& Conditions: The lease renewal is to be provided on the City’s standard Lease Renewal document drawn to the satisfaction of the Directors of Legal and Real Estate Services, it being that no legal rights or obligations shall arise or be created until the lease renewal document is fully executed by both parties.

Rent to be credited to the Property Endowment Fund (PEF).

The attached Administrative Report dated July 4, 2011, refers.

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