Deputy City Clerk – Assignment of Statutory Authority

THAT Council exercise its authority under section 4 of the Vancouver Charter to appoint Katrina Leckovic as a Deputy City Clerk for the duration of her incumbency as Manager, Council Operations.

 

Sub-Sub Lease of City-owned Premises situated at 667-675 East Broadway to Salam Enterprises Ltd.

THAT Council authorize the Director of Real Estate Services to execute a sub-sublease (the “Lease”) to Salam Enterprises Ltd. (“Salam Enterprises” or the “Tenant”) for the City-owned property with a civic address of 667-675 East Broadway, being premises within a building on property legally described as PID: 028-721-942, Lot A, Block 119, District Lot 264A, Group 1, New Westminster District Plan BCP 49417, outlined in red in Appendix A to the Administrative Report dated February 4, 2016, entitled “Sub-Sub Lease of City-owned Premises situated at 667-675 East Broadway to Salam Enterprises Ltd. (the “Premises”) on the following general terms and conditions:

Term: Five (5) years commencing September 1, 2016.

Renewal Options: Two (2) options to renew in favour of Salam Enterprises for an additional five (5) year term each on the same terms and conditions provided herein except rent, which is to be negotiated at the then market rates as a condition of the Lease renewal.

Rentable area: 2,335 square feet.

Rent: A total rent, inclusive of common area maintenance, parking and building insurance costs (the “Rent”) based on the following rates:

Year 1 & 2: s.17(1)/annum plus GST (s.17(1) psf)
Year 3: s.17(1)/annum plus GST ( s.17(1) psf)
Year 4 & 5: s.17(1)/annum plus GST ( s.17(1) psf)

Fixturing Period: Salam Enterprises will receive a s.17(1) fixturing period in order to demise and construct its tenant improvements. The fixturing period commences on March 1, 2016. Salam Enterprises s.17(1)

Improvement Allowance: The Landlord will provide Salam Enterprises with an improvement allowance of s.17(1)psf, (s.17(1) inclusive of GST), to assist with tenant fixturing. The funding source for the tenant improvements is an allotment of s.17(1) from the approved 2016 Property Endowment Fund (“PEF”) Capital Budget.

Parking: The Rent will include the exclusive use of four (4) parking stalls for Salam Enterprises.

Use: Sale of Fresh organic produce, groceries and halal meats.

Utilities: Salam Enterprises will be responsible for the cost of all utilities located within the Premises. These expenses are not included in the Rent.

Other Terms: 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 is created and none shall arise until the Lease document is fully executed by both parties.

The Administrative report dated February 4, 2016, refers.

Lease - between the City of Vancouver (the "Landlord") and JJ ABC Store Ltd. (the “Tenant”) at #103 - 345 Robson Street (Library Square)

THAT Council authorize the Director of Real Estate Services to negotiate and execute a lease (the “Lease”) with JJ ABC Store Ltd. (the “Tenant”) for Unit #103-345 Robson Street (“Premises”), in the building situate on lands legally described as PID: 019-023-251, Lot A, Except Part in Air Space Plan LMP22995, Block 56 District Lot 541 Group 1 New Westminster Land District Plan LMP19600, on the following terms and conditions:

Term: Five (5) years commencing May 1, 2016 (the “Term”)

Area: 1,150 square feet

Total Rent:: s.17(1) per annum (s.17(1)/SF) or s.17(1) per month.Total Rent is inclusive of common area maintenance expense, including insurance, utilities, rental furniture, garbage & recycling, janitorial, grounds & landscaping, security, and operations management and property-related costs.

Fixturing Period: s.17(1) months’ rent reduction during fixturing period. Rent reduced by s.17(1) per month from the date the Tenant has Landlord approval to commence the Tenant’s work. Tenant will be responsible to pay s.17(1) per month during the same s.17(1) months for common area maintenance expense including insurance, utilities, rental furniture, garbage & recycling, janitorial, grounds & landscaping, security, and operations management and property-related costs.

Tenant Improvements: In addition, the Tenant shall be granted a total rental credit of s.17(1) to be credited towards Total Rent payable during the First Year of the Term as Landlord’s contribution towards the tenant improvements for the premises.

Use: General merchandise store

Renewal Option: One (1) option to renew for a further five (5) year Term, total rent to be adjusted to the then-current market rates

Early Termination: No rights of early termination.

Other Terms: The Lease is to be prepared using the Landlord’s standard form of lease agreement for Library Square, and drawn to the satisfaction of the Director of Legal Services and the Director of Real Estate Services, it being noted that no legal right or obligation is created and none shall arise until the Lease document is fully executed by both parties.

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

The Report dated February 1, 2016 , refers.

Lease – between the City of Vancouver (the “Landlord”) and Drs. P.A Gaudin, C.J. Gill and V.S. Kooner or a corporation formed by them (the “Tenant”) at 1808 West 5th Avenue

THAT Council authorize the Director of Real Estate Services to negotiate a lease (the “Lease”) with Drs. P. A. Gaudin, C.J. Gill and V.S. Kooner or a corporation formed by them (the “Tenant”) for the City owned premises (the “Premises”) situated at 1808 West 5th Avenue legally described as PID 007-438-257 Lot B Block 267 District Lot 526 Plan 16565, on the following terms and conditions:

Term: Five (5) years commencing March 1, 2016 (the “Term”)

Rentable Area: Total 3,150 sq. ft. (1,575 sq. ft. ground floor, 1,575 sq. ft. second floor)

Use: The Premises are to be used for a dental clinic and office.

Total Rent: Years 1-3: s.17(1) per annum (s.17(1) per square foot) plus applicable GST
Years 4-5: s.17(1) per annum (s.17(1) per square foot) plus applicable GST

The Tenant will be responsible for operating costs and utility costs in addition to Total Rent.

Taxes: The property is exempt of property tax.

Option to Renew: One (1) five (5) year option to renew on the same terms and conditions, except for rent, which is to be at the then market rate.

Early Termination: During the renewal period by giving the Tenant one (1) year’s notice of cancelation.

Other Terms And Conditions: The Lease is to be prepared using the City’s standard form of Lease agreement and 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 document is fully executed by both parties.

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

The Report dated February 1, 2016 , refers.

Proposed Sale of 1327 Marine Drive, West Vancouver

A. THAT Council authorize the Director of Real Estate Services to accept an offer to purchase real property owned by 0583424 B.C. Ltd., a wholly owned subsidiary of the City, located at 1327 Marine Drive, West Vancouver and legally described as PID: 007-720-475, Lot F, Block 15, District Lot 237, Plan 15155 as shown highlighted on Appendix B to the Administrative Report dated February 16, 2016, entitled “Proposed Sale of 1327 Marine Drive, West Vancouver” (the “Subject Property”) made by Atti Management Group Inc. (“Atti”) for a purchase price of s.17(1) and enter into a conditional sale contract (a “Sale Contract”), on such terms and conditions as are satisfactory to the City’s Directors of Real Estate and Legal Services. The net purchase price would be s.17(1), subject to adjustments on closing, after sale commission is paid.

B. THAT Council authorize the Director of Real Estate Services to execute any agreements required to effect A above;

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

The Report dated February 16, 2016 , refers.

Agreement with the Chinatown Foundation to deliver a mixed use development consisting of social housing, health care and commercial space on City-owned land at 58 W Hastings

A. THAT Council authorize the execution of a non-legally binding Memorandum of Understanding (“MOU”) with the Chinatown Foundation, in partnership with Vancouver Coastal Health (VCH) in the form attached as Appendix B to the Administrative Report dated January 6, 2016, entitled “Agreement with the Chinatown Foundation to deliver a mixed use development consisting of social housing, health care and commercial space on City-owned land at 58 W Hastings Street” for the funding, development and operation of a mixed-use integrated health care facility and social housing project on City of Vancouver owned land at 58 West Hastings, which will incrementally increase the number of social housing units available to residents of the Downtown Eastside (DTES) per the commitments in the DTES Local Area Plan.

B. THAT Council direct staff to negotiate the legal agreements contemplated by the MOU (the “Agreements”) within 180 days of the date of the Administrative Report dated January 6, 2016, entitled “Agreement with the Chinatown Foundation to deliver a mixed use development consisting of social housing, health care and commercial space on City-owned land at 58 W Hastings Street”, or such later date as may be approved by the City Manager, on terms satisfactory to the City’s Chief Housing Officer, Director of Legal Services, and General Manager of Real Estate and Facilities Management, and that staff report back to Council on the final negotiated terms of the Agreements for Council’s final approval.

C. THAT no legal rights or obligations shall arise or be created by Council's approval of A and B above, unless and until and then only to the extent that each applicable Agreement is executed and delivered by both the City and the Chinatown Foundation.

The Report dated January 6, 2016 , refers.

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