Appointment of Director of Planning, and General Manager, Planning and Development Services (Acting)

THAT Council appoint Ms. Jane Pickering as:

(a) Director of Planning pursuant to Section 560 of the Vancouver Charter; and

(b) General Manager, Planning and Development Services.

The appointment of Ms. Jane Pickering to these positions will be on a temporary basis pending permanent recruitment and the temporary positions will take effect on November 6, 2015.

Potential sale of 2448 East 33rd Avenue – Residential Lot for Land Assembly

THAT Council authorize the Director of Real Estate Services to enter into exclusive negotiations with Dilraj Cheema or a company controlled by Dilraj Cheema (the “Purchaser”) for the sale of 2448 East 33rd Avenue, legally described as Parcel Identifier 014-151-553, Lot 37 Block K District Lot 393 Group 1 New Westminster District Plan 1955 Except the North 7 Feet, now road and Plan EPP32570, as shown in Appendix A to the Administrative Report dated September 21, 2015, entitled “Potential sale of 2448 East 33rd Avenue – Residential Lot for Land Assembly” (the “Lands”);

FURTHER THAT, after negotiations have been concluded the matter be presented to Council for final approval;

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

The related Administrative Report dated September 21, 2015 refers,

Lease Renewal of City-owned Property at 1660 East Hastings Street

THAT Council authorize the Director of Real Estate Services to negotiate and execute a lease renewal (the “Renewal Lease”) with Sustainable Produce Urban Delivery Inc. (aka: SPUD) (the “Tenant”) for City owned premises situated at 1660 E Hastings Street, as shown on Appendix A to the Administrative Report dated August 28, 2015, entitled “Lease Renewal of City-owned Property at 1660 East Hastings Street” (the “Subject Property”), legally described as Lots 7, 8 and 9 all of Block 14 of Block C, District Lot 183, Plan 631; PIDs 015-165-477, 015-165-485 and 015-165-493, respectively on the following terms and conditions;

Term: Three (3) years, commencing March 1, 2016.

Rentable Area: Approximately 13,000 square feet (the “Premises”).

Total Rent: Years 1-2: s.17(1) total rent per annum (s.17(1) per square foot) plus applicable GST;
                 Year 3: s.17(1) total rent per annum ( s.17(1) per square foot) plus applicable GST.
Rent is inclusive of building insurance.

Taxes: No taxes are collected as the property is exempt.

Use: Distribution Warehouse and Sales of Natural and Organic Grocery Products.

Option to Renew: None

Termination Clause: The Landlord has the right to terminate the Renewal Lease upon giving twelve (12) months prior written notice of termination.

Other Terms and Conditions: The Renewal Lease is to be provided on the City’s current standard form of Renewal Lease for commercial tenants and is to be on the same terms and conditions as the current lease to the Tenant for the Premises, except as otherwise set out herein. Terms and conditions of the Renewal Lease 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 shall arise until the Renewal Lease is fully executed by both parties

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

The related Administrative Report dated August 28, 2015, refers

Amendment of Sublease Agreement with E-Comm Emergency Communications for British Columbia Inc., at 3301 East Pender Street

THAT Council authorize the Director of Real Estate Services to negotiate and execute an agreement (the “Sub-Lease Amendment”) to amend an existing sublease agreement (the “Sub-Lease”) between the City (the “Sub-Tenant”) and E-Comm Emergency Communications for British Columbia Inc. (the “Sub-Landlord”) for premises situated at 3301 East Pender Street, as shown on Appendix “A” to the Administrative Report dated July 30, 2015, entitled “Amendment of Sublease Agreement with E-Comm Emergency Communications for British Columbia Inc., at 3301 East Pender Street”, legally described as PID: 025-096-907; Parcel A of Lot 60 Town of Hastings Suburban Lands Group 1 New Westminster District Plan LMP 50620 (the “Subject Property”), on the following terms and conditions:

Term: To amend the Sub-Lease expiry term of March 31, 2021 to March 31, 2031 (an additional ten (10) years).

Area: To amend the City’s existing sub-leased area from approximately 1,350 sq. ft. to approximately 869 sq. ft. as of December 31, 2014.

Rent: To amend the current Base Rent from:
Year 1-5: s.17(1)per month ( s.17(1) per sq. ft. per annum) plus GST and operating costs; and
Year 6-10: s.17(1)per month ( s.17(1) per sq. ft. per annum) plus GST and operating costs;
to
Year 1-5: s.17(1) per month ( s.17(1) per sq. ft. per annum) from October 1, 2011 to March 31, 2014 and s.17(1) ( s.17(1) per sq. ft.) from April 1, 2014 to March 31, 2016;
Year 6-10: s.17(1)per month ( s.17(1) per sq. ft. per annum);
Year 11–15: s.17(1) per month ( s.17(1) per sq. ft. per annum); and
Year 16-20: s.17(1)per month ( s.17(1) per sq. ft. per annum),
in each case, plus GST and operating costs.

Operating Costs: By amending the operating cost payment provisions as follows:

• The operating costs per sq. ft. of the Premises from Year 10 plus/minus an amount equivalent to the change in CPI from the previous year for Years 11-15; and
• The operating costs per sq. ft. of the Premises from Year 15 plus/minus an amount equivalent to the change in CPI from the previous year for Years 16-20.
  

Note that in the Sub-Lease operating costs are currently as follows:

• Year 1-5: s.17(1) per sq. ft. per annum; and
• Year 6-10: s.17(1)per sq. ft. per annum plus/minus an amount equivalent to the change in previous year CPI;
  

Clarification is also made in the amendment to note exactly what is included within the concept of operating costs, such that the City will not be required to pay anything that is not related to its use of the sub-leased premises.

Option to Renew: One five (5) year option to renew on the same terms and conditions except Rent which is to be negotiated at market rates. If fair market rates cannot be settled by mutual agreement, then the parties may elect to arbitrate the issue to determine the market rental value of the sub-leased premises. Each party shall pay one (1) half of the fees and expenses of the arbitrator.

Termination Clause: The Sub-Landlord shall have the right to terminate the Sub-Lease without cause upon giving a five (5) year written notice to the Sub-Tenant. The Sub-Tenant shall have the right to terminate the Sub-Lease without cause upon giving a three (3) year written notice to the Sub-Landlord.

Option to Expand: The Sub-Landlord will grant an option to expand the sub-leased premises by an area of not less than 481 sq. ft. The option to expand in favour of the Sub-Tenant will expire April 1, 2019.

Other Terms and Conditions: Other terms and conditions of the Sub-Lease Amendment 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 will be created and none shall arise until the Sub-Lease Amendment is fully executed by both parties.

The related Administrative Report dated July 30, 2015, refers

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