IN CAMERA COUNCIL MEETING
APRIL 14, 2015
DECISIONS AND REPORTS RELEASED
Appointments to Civic Agencies
A. THAT the following individuals be appointed to the Vancouver Heritage Foundation Board, terms to commence at the Foundation’s Annual General Meeting on April 27, 2015, and end at the Foundation’s Annual General Meeting in April 2017:
• Stacy Bhola-Reebye
• David Dove
• Robert Lemon
• Rima Martinez-Bakich
• Daryl Nelson
• John Quinton
• Karen RussellB. THAT Jon Stovell, be appointed to the Public Art Committee as the development community representative, term to commence immediately and end December 6, 2015.
C. THAT Ali Irfan, Greater Vancouver Home Builders' Association, be appointed to the Urban Design Panel as the development industry representative, term to commence immediately and end December 31, 2015.
D. THAT Lihua Huang be appointed to the Vancouver City Planning Commission, term to commence immediately and end December 31, 2015.
E. THAT Rebecca Chaster be appointed to the Development Permit Board Advisory Panel, term to commence immediately and end December 4, 2016.
F. THAT Stephanie Lim be appointed to the Vancouver Food Policy Council, term to commence immediately and end February 28, 2017.
G. THAT Cleta Brown and Lindsay Clark be appointed to the Women’s Advisory Committee, term to commence immediately and end February 28, 2017.
H. THAT Mollie Massie be appointed to the First Shaughnessy Advisory Design Panel as the Vancouver Heritage Commission representative, term to commence immediately and end December 31, 2015.
I. THAT Jennifer Marshall be appointed to the Development Permit Board Advisory Panel as the Urban Design Panel representative, term to commence immediately and end December 31, 2015.
J. THAT Kim Maust be appointed to the Development Permit Board Advisory Panel as the Vancouver Heritage Commission representative, term to commence immediately and end December 31, 2015.
K. THAT Neal LaMontagne be appointed to the Urban Design Panel as the Vancouver City Planning Commission representative, term to commence immediately and end December 31, 2015.
Licences of Occupation for Three Fraser River Water Lots
THAT Council authorize the Director of Legal Services, in consultation with the General Manager of Engineering Services and the Director of Real Estate Services, to enter into three (3) Licences of Occupation (the “Licences”) as licensee, with the Province, as licensor, for the following water lots (collectively, the “Water Lots”) in the North Arm of the Fraser River, legally described:
i) District Lot 7207, Group 1, NWD (“Water Lot 7207”);
ii) District Lot 5956, Group 1, NWD (“Water Lot 5956”); and
iii) District Lot 5978, Group 1, NWD (“Water Lot 5978”),as shown on the plan attached as Appendix “A” to the Administrative Report dated January 15, 2015, entitled “Licences of Occupation for Three Fraser River Water Lots”, for the purpose of supporting the City’s industrial uses on the City’s upland property at 900 and 1150 East Kent Avenue South adjacent to the Water Lots, on the following basic terms and conditions:
Term: Two (2) years – commencing January 1, 2015;
Rental Rate: Year 1: January 1, 2015 to December 31, 2015:
i) Water Lot 7207 - s.17(1) per annum plus GST,
ii) Water Lot 5956 - s.17(1) per annum plus GST,
iii) Water Lot 5978 – s.17(1) per annum plus GST;
Year 2: To be determined by the Province prior to the second year term. Previous Rental Rate:
i) Water Lot 7207 - s.17(1) plus GST (March 1, 2014 to December 30, 2014);
ii) Water Lot 5956 - s.17(1) plus GST (March 1, 2014 to December 30, 2014); and
iii) Water Lot 5978 - s.17(1) plus GST (March 1, 2014 to December 30, 2014
Water Lot Area:
i) Water Lot 7207 – 0.698 ha (1.72 acres),
ii) Water Lot 5956 – 1.55 ha (3.83 acres),
iv) Water Lot 5978 – 0.940 ha (2.32 acres). s.17(1)
Indemnity: The City is to indemnify the Province and its servants, employees and agents against all claims, actions, causes of action, losses, damages, cost and liabilities, including fees of solicitors and other professional advisors arising from the City’s breach or non-performance of a provision of the
Licences, any conflict between the City’s use of the Water Lots and the lawful use of the Water Lots by another person or any injury or property damage occurring by virtue of the City’s occupation of the Water Lots.The Licences will be drawn by the Province’s Ministry of Forests, Lands and Natural Resource Operations using their standard form of Licence of Occupation. The Directors of Legal and Real Estate Services will review the Licences and arrange for their execution if all terms are to their satisfaction, it being noted that no legal right or obligation will be created and none shall arise until the Licence Agreements are fully executed by both parties.
The Report dated January 15, 2015, refers.
Lease to 0918952 B.C. Ltd. dba Pure Integrative Pharmacy and Amendment of Lease to 0958301 B.C. Ltd. for City-leased Commercial Retail Unit at 3228 Dunbar Street
THAT Council authorize the Director of Real Estate Services to:
(i) Negotiate and execute a lease (the “Pharmacy Lease”) with 0918952 B.C. Ltd.
dba Pure Integrative Pharmacy (the “Pharmacy”) for 700 square feet of a 1,229 square foot commercial retail unit (the “Premises”), subleased by the City within a building having a civic address of 3228 Dunbar Street, legally described as PID: #027-488-195; Lot 1 Block 28 District Lot 139 Group 1 New Westminster District Plan BCP 36078 (the “Building”); and(ii) Negotiate and execute an agreement to amend a lease (the “Preventum Lease”) between the City and 0958301 B.C. Ltd. dba Preventum Personalized Health Care (“Preventum”) to include the remaining 529 square feet of the Premises, on the following terms and conditions:
Area:
a) The Pharmacy proposes to lease approximately 700 square feet of the Premises; and
b) Preventum proposes to amend its existing lease to include the remaining 529 square feet of the Premises to increase its total lease area to
approximately 1,800 square feet.
Rentable areas are subject to final layout design and legal area survey.
Term: The Pharmacy: Five (5) years, commencing August 1, 2015.Preventum: Three (3) years, six (6) months commencing August 1, 2015, to align with the term of their existing lease.
Total Rent: The total rental rate for the Pharmacy is s.17(1) per square foot, plus GST, or s.17(1) per annum plus GST, including common
area maintenance costs and insurance. The total rental rate for Preventum’s additional rentable area is s.17(1) per square foot, plus GST, or s.17(1) per annum plus GST, including common area maintenance costs and insurance. The total rent for Preventum’s existing lease premises combined with the
additional area is s.17(1) per annum plus GST, a blended rate of approximately s.17(1) per square foot including common area maintenance and insurance.Fixturing Period: The tenants shall receive a s.17(1) fixturing period to construct their tenant improvements, which will include a partition to divide the portions of the Premises leased by each of the Pharmacy and Preventum. During this period, the tenants will each be responsible for maintaining insurance coverage and the payment of all utilities.
Discounted Rent Period: The tenants shall each receive a s.17(1) discounted rent period commencing on August 1, 2015 in respect of the Premises. During the discounted rent period, the tenants shall be responsible for paying all utilities within the Premises, common area maintenance costs and insurance at s.17(1) per square foot per annum or per s.17(1) month in total for the Premises (Pharmacy s.17(1) per month and Preventum s.17(1) per month).
Improvement Allowance: The City will provide Preventum and the Pharmacy with an improvement allowance of s.17(1)) per square foot of
their respective lease area, for a total of s.17(1), inclusive of GST, to assist with tenant fixturing.Option to Renew: Each lease will include two (2) - five (5) year options to renew on the same terms and conditions except rent, which is to be negotiated at the then market rates for the Pharmacy and Preventum.
Use: The Premises are to be used for a Retail Pharmacy by the Pharmacy and General Practitioner, Doctor’s Office by Preventum.
Other Terms And Conditions: The lease to the Pharmacy is to be provided on the City’s Standard Form of the Lease for Commercial Retail Units in similar buildings and both the lease and the amendment to the lease for Preventum are to be 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 each document is fully executed by all parties thereto.
All rents to be credited to the Property Endowment Fund (PEF).
The Report dated February 16, 2014, refers.
* * * * *