IN CAMERA COUNCIL MEETING

JANUARY 15, 2013

DECISIONS AND REPORTS RELEASED

Appointments to the First Shaughnessy Advisory Design Panel and the Urban Design Panel

A. THAT Benjamin Ling be appointed to the First Shaughnessy Advisory Design Panel, representing the Architectural Institute of British Columbia, term to commence immediately and end December 7, 2014.

B. THAT the following individuals be appointed to the Urban Design Panel, representing the Architectural Institute of British Columbia, terms to commence immediately and end December 7, 2014, or until successors are appointed:

• Ryan Bragg
• Walter Francl
• Joseph Hruda.

The Administrative Report dated January 2, 2013 PDF, refers.

 

Tentative settlement of 2012-2015 Collective Agreements between the City of Vancouver and CUPE Local 1004

THAT the Memorandum of Settlement for Collective Agreements covering employees represented by the CUPE Local 1004 for the period of January 1, 2012 to December 31, 2015, be approved.

The relevant report remains sensitive and cannot be released.

 

Greater Vancouver Regional District Labour Relations Service Bylaw No. 1182, 2012

THAT City Council approve the following resolution:

“Vancouver City Council consents to the terms and conditions of withdrawal of the Greater Vancouver Regional District Labour Relations Service Bylaw No. 1182, 2012 and approves the adoption of the Greater Vancouver Regional District Labour Relations Service Bylaw No. 1182, 2012 by providing consent on behalf of the electors.”


The relevant report remains sensitive and cannot be released.

 

980 Powell Street: Acquisition of a Statutory Right of Way for Powell Street Grade Separation Project

THAT Council authorize the Director of Real Estate Services to proceed with the acquisition of a Statutory Right of Way (“SRW”) from Burlington Northern Inc. (“BNSF”) for an approximate 469.6 square metre (5,055 sq. ft.) portion of 980 Powell Street, legally described as: Parcel Identifier: 007-311-613, Lot 5 Block 49 District Lot 181 Plan 17175, as shown on Plan of Proposed Statutory Right of Way, marginally numbered LE 26153 (Appendix A to the Administrative Report dated December 18, 2012, entitled “980 Powell Street: Acquisition of a Statutory Right of Way for Powell Street Grade Separation Project”), for the Powell Street overpass s. 17(1) (d) (e) & (f) and s. 21(1), and on such other terms and conditions to the satisfaction of the Directors of Real Estate and Legal Services and the General Manager of Engineering Services; the source of funding to be provided from CER-00117-11-AA within the approved 2012 Engineering Capital Budget;

FURTHER THAT Council approve funding of s. 17(1) (d) (e) & (f) and s. 21(1) additional costs associated with the acquisition, s. 17(1) (d) (e) & (f) and s. 21(1). The source of funding to be provided from CER-00117-11-AA within the approved 2012 Engineering Capital Budget.

The Administrative Report dated December 18, 2012, refers.

 

Lease of City-owned property situated at 5750 Tyne Street to Collingwood Insurance Centre Inc.

THAT Council authorize the Director of Real Estate Services to negotiate and execute a lease with Collingwood Insurance Centre Inc. for the City owned property situated at 5750 Tyne Street, legally described as Parcel Identifier : 007-629-346 Lot 1 Block 9 District Lot 49 Plan 15933, on the following terms and conditions:

Term: Five (5) years, commencing February 1, 2013.

Rent: s. 17(1) (d) (e) & (f) and s. 21(1).

Option to Renew: One Five (5) year option to renew on the same terms and conditions, save and except rent, which is to be negotiated at market rates.

Permitted Use: Insurance/Notary Office.

Leasable Area: Rentable area of approximately 1,390 square feet.

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

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

The Administrative Report dated December 18, 2012, refers. (RTS 9887)

 

Lease of City-owned property situated at 3210-3228 Dunbar Street to Yes Cycle Ltd.

THAT Council authorize the Director of Real Estate Services to negotiate and execute a sublease (the “Lease”) with Yes Cycle Ltd. (the “Tenant”) for City premises situated at 3210–3228 Dunbar Street legally described as PID: 027-488-195, Lot 1 Block 28 District Lot 139 Group 1 New Westminster District Plan BCP36078, on the following terms and conditions:

Term: Seven (7) years, commencing April 1, 2013.

Area: Rentable area of approximately 2,500 square feet.

Rent: Rent, inclusive of property taxes as if levied and operating costs, s. 17(1) (d) (e) & (f) and s. 21(1).

Fixturing Period: s. 17(1) (d) (e) & (f) and s. 21(1).

Free Rent: s. 17(1) (d) (e) & (f) and s. 21(1) following the Fixturing Period as a tenant inducement. s. 17(1) (d) (e) & (f) and s. 21(1).

Improvement Allowance: Landlord will provide the Tenant with an improvement allowance s. 17(1) (d) (e) & (f) and s. 21(1).

Option to Renew: Two – five (5) year options to renew on the same terms and conditions except rent, which is to be negotiated at market rates.

Use: The premises are to be used for the retail sales of bicycles, scooters, skis and related sporting goods.

Other Terms and Conditions: The Lease is to be provided on the City’s Standard Sublease Agreement, drawn to the satisfaction of the Directors of Legal and Real Estate Services, it being noted that no legal right or obligation will be created and none shall arise until the Sublease document is fully executed by both parties.

All rents to be credited to the Property Endowment Fund (PEF).

The Administrative Report dated December 18, 2012, refers.

 

Lease of City-owned property situated at 3288 Dunbar Street to Natural Balance Home Builders Inc.

THAT Council authorize the Director of Real Estate Services to negotiate and execute a sublease (the “Lease”) with Natural Balance Home Builders Inc. (the “Tenant”) for City premises situated at 3288 Dunbar Street legally described as PID 027-488-195: Lot 1 Block 28 District Lot 139 Group 1 New Westminster District Plan BCP 36078, on the following terms and conditions:

Term: Five (5) years and three (3) months, commencing May 1, 2013.

Area: Rentable area of approximately 961 square feet.

Rent: Rent, inclusive of property taxes as if levied and operating costs, s. 17(1) (d) (e) & (f) and s. 21(1).

Fixturing Period: s. 17(1) (d) (e) & (f) and s. 21(1)

Option to Renew: Two – five (5) year options to renew on the same terms and conditions except rent, which is to be negotiated at market rates.

Use: Office and Showroom.

Brokerage Commission: s. 17(1) (d) (e) & (f) and s. 21(1).

Other Terms and Conditions: The Lease is to be provided on the City’s Standard Sublease Agreement, drawn to the satisfaction of the Directors of Legal and Real Estate Services, it being noted that no legal right or obligation will be created and none shall arise until the Sublease document is fully executed by both parties.

All rents to be credited to the Property Endowment Fund (PEF).

The Administrative Report dated December 18, 2012, refers.

 

Simplified VANOC Governance Structure and Reappointment of VANOC Director

A. THAT the City Manager be authorized to consent to the amendment of the Multi-Party Agreement in order to reduce the VANOC board of directors from 19 down to 4 (one of which will continue to be the City Manager).

B. THAT the City Manager’s appointment as a director of VANOC be reaffirmed with authority to complete VANOC’s mandate to wind up its operations and dissolve within the next 1-3 years.

The Administrative Report dated January 15, 2013 PDF, refers.


2014 Americas Masters Games Event Proposal

A. THAT Council authorize the City to be a host city for the 2014 Americas Masters Games to be held in August 2014 subject to firm commitment for funding by senior levels of government and other partners as outlined in the proposed budget.


B. THAT any and all legal agreements with International Masters Games Association (IMGA) and any other required parties required to facilitate the City’s role as host city be on such terms and conditions as are satisfactory to the City Manager, Director of Finance and Director of Legal Services.


C. THAT upon approval of such terms pursuant Recommendation B, the Director of Legal Services be authorized to execute and deliver such legal agreements on behalf of the City.


D. THAT no legal rights or obligations be created by the adoption of these Recommendations unless and until such legal agreements are executed and delivered by the Director of Legal Services.

The Administrative Report dated January 15, 2013 PDF, refers.

 

814 Richards Street - Office Accommodation Plan: Lease for Relocated Staff

THAT Council authorize the Director of Real Estate Services to negotiate and execute a sub-lease (the “sub-lease”) with CBV Collection Services Ltd. (the “Sub-landlord”) and the City of Vancouver (the “Sub-tenant”) for the property located at 814 Richards Street, as shown on Appendix A to the Administrative Report dated January 3, 2013, entitled “814 Richards Street – Office Accommodation Plan: Lease for Relocated Staff”, legally described as PID: 008-189-200, 008-189-277, 008-189-242 and 008-189-315, Amended Lot 5 (See 57823K) and Lots 6, 7 and 8 Block 65 District Lot 541 Plan 210, on the following general terms and conditions:

Term: Seven (7) years and nine (9) months

Commencement Date: November 1, 2013

Rentable Area: Approximately 36,173 square feet on floors 1, 2, 3 and a portion of the 4th floor

Minimum Rent: s.17(1) per annum ( s.17(1) per square foot) plus applicable taxes

Additional Rent: Additional Rent for operating expenses and property taxes is estimated at s.17(1)   per annum or s.17(1)   per month ( s.17(1) per square foot), plus applicable taxes, for the year 2012. It is expected these charges will increase slightly for the year 2013 and each subsequent year.

Rent Free Period: The Sub-tenant shall be granted a Minimum Rent free period of s.17(1)   months to be applied to the first three (3) months (November 1, 2013 to January 31, 2014) of Year 1 and the first three (3) months (November 1, 2014 to January 31, 2015) of Year 2 of the Term. The estimated value of the rent free period is s.17(1)   plus applicable taxes.

Construction and Fixturing
Period: The Sub-landlord to provide a construction and fixturing period of three (3) months commencing August 1, 2013 ending October 31, 2013. This will be a Minimum Rent and Additional Rent free period, equivalent to approximately s.17(1)   plus applicable taxes.

Parking: The Sub-lease includes fourteen (14) on-site parking stalls. Several of the parking stalls will be used to provide secure bicycle parking for staff and the remaining parking stalls will be made available for rent to staff at the current rental rate. The monthly parking fee per stall/month plus applicable taxes as set out in the Head Lease shall be as follows:

Date Fee
July 1, 2013 to July 31, 2014 s.17(1)
August 1, 2014 to July 31, 2016 s.17(1)
August 1, 2016 to July 31, 2018 s.17(1)
August 1, 2018 to July 31, 2021 s.17(1)

Estimated Expenses:

Date Minimum Rent (psf) Additional Rent (psf) Parking Rent/stall/month Monthly Total Annual Total (Estimated)
November 1, 2013 to December 31, 2013 (Actual) s.17(1) s.17(1) s.17(1) s.17(1) s.17(1)
January 1, 2014 to July 31, 2021 (Estimate) s.17(1) s.17(1) s.17(1) s.17(1) s.17(1)

Security Deposit: The Sub-tenant shall pay to the Sub-landlord upon execution of the Sub-lease the sum of s.17(1) , plus applicable taxes, equivalent to the first month’s Minimum Rent and Additional Rent, to be held as a security deposit by the Sub-landlord.

Equipment: The Sub-landlord will leave some of the IT infrastructure and existing security equipment (video cameras, card readers, electric door strikes and intrusion alarms, etc.) for the Sub-tenant’s use during the Term.

Renovations: The Director of Facilities Planning and Development has estimated approximately s.17(1)   is required to complete renovations to the Premises. This figure includes costs for staff and furniture relocation. The renovations will be funded from the approved 2013 Capital Budget.

Other Terms and
Conditions: Such other terms and conditions of the sub-lease are to be drawn to the satisfaction of the Directors of Legal and Real Estate Services including the negotiation of an Indemnity in favour of the Sub-landlord and Head Landlord, it being noted that no legal rights or obligations shall arise or be created until the sub-lease document is fully executed by both parties.

The Minimum Rent, Additional Rent and Parking charges will be funded from Real Estate and Facilities Management’s Annual Operating Budget.

The Report dated January 3, 2013, refers.

* * * * *