IN CAMERA COUNCIL MEETING

JULY 22, 2014

DECISIONS AND REPORTS RELEASED

Appointment of Chief Licence Inspector and Deputy Chief Licence Inspector

A. THAT Council appoint Harley Machielse as Chief Licence Inspector effective immediately.

B. THAT Council appoint Sarah Hicks as Deputy Chief Licence Inspector effective immediately.

The Administrative Report dated July 3, 2014, refers. PDF

 

Lease of City-owned Land at 3869 Main Street to the British Columbia Professional Fire Fighters Burn Fund for the development of a multi-use Burn Fund Centre

A. THAT Council authorize the Director of Real Estate Services to negotiate and execute a ground lease (the “Lease”) of City-owned property located at 3869 Main Street, legally described as PID: 026-554-097, Lot D Block 4 District Lot 630 Group 1 New Westminster District Plan BCP21804 (the “Subject Property”) as shown on Appendix A to the Administrative Report dated July 22, 2014, entitled “Lease of City-owned Land at 3869 Main Street to the British Columbia Professional Fire Fighters Burn Fund for the development of a multi-use Burn Fund Centre”, to the British Columbia Professional Fire Fighters’ Burn Fund (the “Burn Fund”) for 60 years at nominal prepaid rent (representing a capital grant of approximately s.17(1)), for the development of a multi-use Burn Fund Centre (the “Project”); such Lease to contain the following general terms and conditions:


Term: 60 years commencing upon registration of the Lease in the Land Title Office or August 1, 2014, whichever is earlier. Following the expiration or early termination of the Term, the Subject Property and the Project will revert to the City with no compensation payable to the Burn Fund.


Land Area: Approximately 7,605 sq. ft.


Rent: Nominal prepaid rent of s.17(1) for the term of the Lease. The Burn Fund will be responsible for paying all utilities, insurance, payment in lieu of property taxes (except on portions of the Project that qualify for Class 3 exemption as provided for by the Province), and all costs related to the repair and maintenance, including all capital repair and replacements of the Subject Property and the Project.


Use: The Lease will be for the construction of the Project and use thereof for a three-storey multi-use Burn Fund Centre combining an education, social program and administration centre and eight units of supportive accommodation/transitional housing for burn and trauma survivors and/or their families; and commercial and retail use at grade on Main Street to generate rental income to help fund the Project.

Other Terms And Conditions: The Burn Fund will be responsible for the construction and on-going operation and all necessary repairs and maintenance, including all capital repairs and replacements of the Project.


Except as noted herein, the City’s contribution is limited to the grant of the 60-year Lease at a nominal rate, and its commitment to lease the Subject Property to the Burn Fund subject to all capital funding being in place for the construction of the Project, operating funding being secured, a contract executed for the construction of the Project and execution of all other legal documentation required for construction of the Project to proceed. There will be no further grants, subsidies, and/or financial guarantees from the City.

Cancellation clause – if the capital and operating funding has not been secured, and construction is not ready to commence by December 31, 2014 or such date as the parties may otherwise agree, the City may develop, sell or dispose of the property at its discretion without any further obligation to the Burn Fund.


The Lease is to be provided on the City’s standard ground 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 is fully executed by both parties.


B. THAT Council approve a reallocation of s.17(1) from previously approved funds for remediation of contamination on site to cover offsite remediation costs related to the Project as further set out in the Administrative Report dated July 22, 2014, entitled “Lease of City-owned Land at 3869 Main Street to the British Columbia Professional Fire Fighters Burn Fund for the development of a multi-use Burn Fund Centre”.


C. THAT, subject to A with respect to execution of the Lease, the Director of Legal Services be authorized to execute any other necessary agreements, plans and other documents on behalf of the City and that no legal rights or obligations are hereby created and none shall arise from such other agreements, plans or documents until execution thereof to the satisfaction of the Director of Legal Services.

The Administrative Report dated July 22, 2014 PDF, refers.

 

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