Deputy City Clerk – Assignment of Statutory Authority

THAT Council exercise its authority under section 4 of the Vancouver Charter to appoint Rosemary Hagiwara as a Deputy City Clerk for the duration of her incumbency as Director, Business and Election Services.

The Administrative Report dated April 19, 2013 , refers.

 

Acquisition of a Statutory Right-of-Way for Right-Turn Lane on Clark Drive at Hastings Street – 1279 East Hastings Street

A. THAT Council authorize the Director of Real Estate Services to proceed with the acquisition of a Statutory Right-of-Way (“SRW”) which includes an Indemnity from the City to Korbid Holdings Ltd. for a 103.94 square metre (1118 sq. ft.) road widening strip at 1279 East Hastings Street, legally described as Parcel Identifier: 002-607-336, Lot 9, Except The East 7 Feet shown on Plan 4157, Now Road, of Lot 7 Block A District Lot 182 Plan 176 (the “Subject Property”), as shown outlined in bold on Plan EPP 29494, a copy of which is attached as Appendix A to the Administrative Report dated April 12, 2013, entitled “Acquisition of a Statutory Right-of-Way for Right-Turn Lane on Clark Drive at Hastings Street – 1279 East Hastings Street”, for s. 17(1) (d) (e) & (f) and s. 21(1), plus applicable taxes, and on such other terms and conditions satisfactory to 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 2013 Engineering Capital Budget.

B. THAT Council approve s. 17(1) (d) (e) & (f) and s. 21(1), exercisable by the City when a Development Permit is issued for the redevelopment, subdivision or rezoning of the property.

C. THAT Council approve funding up to s. 17(1) (d) (e) & (f) and s. 21(1) for additional costs associated with the acquisition of the SRW, including legal and consultant fees incurred by Korbid Holdings Ltd. The funding is to be provided from CER-00117-11-AA within the approved 2013 Engineering Capital Budget.

The Administrative Report dated April 12, 2013, refers.

 

501 West 10th Avenue – Lease Renewal for Portion of the Ground Floor Commercial Premises Between Vancouver City Savings Credit Union (“Vancity”) and the City of Vancouver

THAT Council authorize the Director of Real Estate Services to negotiate and execute a lease (the “Lease”) renewal between Vancity (the “Tenant”) and the City of Vancouver (the “Landlord”) for the portion of ground floor commercial premises situated at 501 West 10th Avenue, as shown on Appendix A to the Administrative Report dated April 18, 2013, entitled “501 West 10th Avenue – Lease Renewal for Portion of the Ground Floor Commercial Premises Between Vancouver City Savings Credit Union (“Vancity”) and the City of Vancouver”, legally described as PID: 007-068-042, Lot 1 Block 360 District Lot 526 Plan 16090 (the “Subject Property”) on the following general terms and conditions:

Term: Five (5) years commencing July 15, 2013

Rentable Area: Approximately 5,770 square feet

Net Rent: The net rent (the “Rent”) during the term of the Lease shall be:

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

Additional Rent: The Tenant shall pay in addition to the Rent, an amount in lieu of taxes as if levied, and operating costs s. 17(1) (d) (e) & (f) and s. 21(1).

Parking: The Tenant shall be entitled to s. 17(1) (d) (e) & (f) and s. 21(1) for their exclusive use at the market rental rate s. 17(1) (d) (e) & (f) and s. 21(1) per stall/month plus applicable taxes.

Option to Renew: Two (2) options to renew for a five (5) year term for each renewal period on the same terms and conditions and at the prevailing market rental rates.

Use: The Subject Property is to be used for the operation of a financial institution.

Other Terms and Conditions:

Such other terms and conditions of the Lease are to be drawn to the satisfaction of the Directors of Legal and Real Estate Services, it being noted that no legal rights or obligations shall arise or be created until the lease document is fully executed by both parties.

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

The Administrative Report dated April 18, 2013, refers.

 

Sub-Lease of City-owned property situated at 515 Abbott Street to 9ReEat Dining Ltd.

THAT Council authorize the Director of Real Estate Services to negotiate and execute a sub-lease (the “Lease”) to 9ReEat Dining Ltd. (Incorporation Number BC0933002)(the “Tenant”) for the City-owned property situated at 515 Abbott Street, legally known as PID: 016-560-248, Lot 192 False Creek, Plan 23011 (the “Subject Premises”), as shown on Appendix A to the Administrative Report dated April 23, 2013, entitled “Sub-Lease of City-owned property situated at 515 Abbott Street to 9ReEat Dining Ltd.”, on the following general terms and conditions:

Term: Ten (10) years commencing August 1, 2013.

Area: Rentable area of 927 square feet.

Gross Rent: Gross Rent, inclusive of an amount in lieu of property taxes and operating costs, is set as follows:

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

Fixturing Period:

The Tenant will receive s. 17(1) (d) (e) & (f) and s. 21(1) period to complete its tenant improvements.

Free Rent:

The Tenant will receive s. 17(1) (d) (e) & (f) and s. 21(1) following the Fixturing Period as a tenant inducement.

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.

Parking: The rent will include s. 17(1) (d) (e) & (f) and s. 21(1) for the exclusive use of the Tenant.

Use: Japanese ramen noodle restaurant.

Other Terms:

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 is created and none shall arise until the Lease is fully executed by both parties.

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

The Administrative Report dated April 23, 2013, refers.

 

Property Acquisition – 1001 Kingsway

A. THAT Council authorize the Director of Real Estate Services to proceed with the acquisition of 1001 Kingsway (see Appendix A to the Administrative Report dated May 3, 2013, entitled “Property Acquisition – 1001 Kingsway”), legally described as: PID 011-951-591, 011-951-613 & 011-951-621, Lots H, J & K, Block 64, District Lot 301, Plan 4040 (the “Subject Property”), for the future development of social housing for a price of s. 17(1) (d) (e) & (f) and s. 21(1), with the source of funds to be the Property Endowment Fund (PEF).

B. THAT Council approve funding of s. 17(1) (d) (e) & (f) and s. 21(1) for capital maintenance items to be phased over the next five years, as noted in the building condition assessment, with the source of funds to be the net operating income from the Subject Property.

The Administrative Report dated May 3, 2013, refers.

 

Property Acquisition – 3475 East Hastings Street

A. THAT Council authorize the Director of Real Estate Services to proceed with the acquisition of 3475 East Hastings Street (see Appendix A to the Administrative Report dated May 3, 2013, entitled “Property Acquisition – 3475 East Hastings Street”), legally described as: PID 010-768-645, Lot 1, South ½ of Lot 48,Town of Hastings Suburban Lands, Plan 363 (the “Subject Property”), for the future development of social housing for a price of s. 17(1) (d) (e) & (f) and s. 21(1).

B. THAT Council approve funding of s. 17(1) (d) (e) & (f) and s. 21(1) for capital maintenance costs relating to roofing and mechanical and electrical systems that require immediate upgrading.

Funding for A and B to be provided from the Property Endowment Fund (PEF).

The Administrative Report dated May 3, 2013, refers.

 

Tentative Settlement of Collective Agreement with IATSE Local 118

THAT the Tentative Settlement for the Collective Agreement covering employees represented by IATSE, Local 118 for the period of January 1, 2012, to December 31, 2015, be approved.

The relevant report remains sensitive and cannot be released.

 

501 West 10th Avenue - Lease Renewal for Portion of the Ground Floor Commercial Premises Between Vancouver City Savings Credit Union (“Vancity”) and the City of Vancouver

THAT Council authorize the Director of Real Estate Services to negotiate and execute a lease (the “Lease”) renewal between Vancity (the “Tenant”) and the City of Vancouver (the “Landlord”) for the portion of ground floor commercial premises situated at 501 West 10th Avenue, as shown on Appendix A to the Administrative Report dated April 18, 2013, entitled “501 West 10th Avenue – Lease Renewal for Portion of the Ground Floor Commercial Premises Between Vancouver City Savings Credit Union (“Vancity”) and the City of Vancouver”, legally described as PID: 007-068-042, Lot 1 Block 360 District Lot 526 Plan 16090 (the “Subject Property”) on the following general terms and conditions:

Term:    Five (5) years commencing July 15, 2013

Rentable Area: Approximately 5,770 square feet

Net Rent: The net rent (the “Rent”) during the term of the Lease shall be:

Years 1 - 3: s.17(1) per annum (s.17(1) per square foot) plus GST;
Year 4: s.17(1) per annum (s.17(1) per square foot) plus GST; and
Year 5: s.17(1) per annum (s.17(1) per square foot) plus GST.

Additional Rent: The Tenant shall pay in addition to the Rent, an amount in lieu of taxes as if levied, and operating costs of s.17(1) per annum (s.17(1) per square foot) plus GST.

Parking: The Tenant shall be entitled to fourteen (14) parking stalls for their exclusive use at the market rental rate of s.17(1) per stall/month plus applicable taxes.

Option to Renew: Two (2) options to renew for a five (5) year term for each renewal period on the same terms and conditions and at the prevailing market rental rates.

Use: The Subject Property is to be used for the operation of a financial institution.

Other Terms and Conditions: Such other terms and conditions of the Lease are to be drawn to the satisfaction of the Directors of Legal and Real Estate Services, it being noted that no legal rights or obligations shall arise or be created until the lease document is fully executed by both parties.

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

The Administrative Report dated April 18, 2013 , refers.

 

Lease of City-owned property situated at 455 Industrial Avenue to 590275 B.C. Ltd. dba Recycling Alternative

THAT Council authorize the Director of Real Estate Services to negotiate and execute a lease (the “Lease”) with 590275 B.C. Ltd. dba Recycling Alternative for a portion of the City-owned premises situated at 455 Industrial Avenue, as shown on Appendix A, legally described as PID: 005-497-141, Lot A (Statutory Right of Way Plan 18236) Except: Part in Plan LMP33893; of Lot H, District Lot 2037, Group 1, Plan 7729 (the “Subject Property”), on the following terms and conditions:

Term: Ten (10) years commencing January 1, 2014.

Area: Rentable area of approximately 10,979 square feet (the “Premises”).

Gross Rent: Rent, inclusive of property taxes as if levied:

Years 1-5: s.17(1)per annum, plus GST; and
Years 6-10: s.17(1) per annum, plus GST.
(Total rent may be adjusted based on confirmation of square footage of the Premises).

Free Rent: Tenant shall be granted Free Gross Rent the s.17(1) of the Term commencing on the 2nd year of the Term.

Improvement Allowance: Tenant shall be provided a Tenant Improvement Allowance of Nine Dollars (s.17(1)) per square foot, which the Tenant shall utilize to offset their cost of improving the Premises, in the form of reduced Gross Rent during the 1st year of the Term.

Fixturing Period: Tenant shall be granted a Fixturing Period commencing s.17(1) in which to undertake its Tenant Improvements. Tenant is not responsible for payment of Gross Rent during the Fixturing Period but is responsible for payment of all utilities.

Operating Costs and Utilities: Tenant is responsible for paying its proportionate share of all operating costs and utilities.

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, and the Landlord shall have no obligation to pay or provide the Tenant any free rent or inducement of any nature.

Use: The Premises are to be used for a multi-level recycling depot, and any related or associated functions.

Other Terms and Conditions: The Lease is to be provided on the City’s Standard Lease 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 Lease document is fully executed by both parties.

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

The Report dated April 18, 2013, refers.

 

Potential Sale of City-owned land located at 1733 East 18th Avenue, Vancouver, BC

A. THAT Council authorize the Director of Real Estate Services to enter into exclusive negotiations with Cressey Projects Corporation (“Cressey”) over the next 6 months for the sale to Cressey of the City-owned lands at 1733 East 18th Avenue (the “Subject Property”), legally described as PID: 009-908-200, Lot 2, Block A, District Lot 753, Plan 1795 (see Appendix A to the Administrative Report dated April 30, 2013, entitled “Potential Sale of City-owned land located at 1733 East 18th Avenue, Vancouver, BC”), provided that the City obtain a price reflecting premium assembled market value for the Subject Property;

FURTHER THAT, if the Director of Real Estate Services can successfully conclude such negotiations with Cressey, Council authorize the Director of Real Estate Services to enter into a legally binding Contract of Purchase and Sale, such sale being subject to the Subject Property being rezoned, and subject to Council approval;

AND FURTHER THAT, no legal rights or obligations will arise or be created between Cressey and the City unless and until a legally binding Contract of Purchase and Sale is successfully negotiated and executed and delivered by Cressey and the City through its authorized signatories, the Director of Real Estate Services and approved by Council.

B. THAT Council authorize the Director of Real Estate Services to undertake all necessary site investigations and preparations relating to the sale of the Subject Property, including environmental, geotechnical assessments, site survey, appraisals and consultant fees with a total budget of s.17(1). Source of funding being the Property Endowment Fund (PEF).

C. THAT, if the Director of Real Estate Services is at any time during the 6-month negotiation period of the view that terms cannot be successfully concluded with Cressey, the Director of Real Estate Services will report back to Council for further direction.

D. THAT a Council decision to enter into a Contract of Purchase and Sale with Cressey will not in any way limit Council or the City and its officials, including the Approving Officer, in exercising their discretion with respect to any related rezoning or permits.

The Report dated April 30, 2013, refers.

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