In-camera Council meeting released decisions and reports
July 24, 2018

False Creek North Affordable Housing Sites - Proposed Negotiating Framework

• Decision
• Memo

Agreement with the Province of BC to deliver the 800 Robson Plaza

• Decision
• Report

Appointments to Board of Variance and Parking Variance Board

THAT the following individuals be appointed to the Board of Variance and Parking Variance Board, terms to commence immediately, and end July 31, 2021:

• Denise Brennan

• Namtez Sohal

• Gilbert Tan

• Jasmean Toor

• Simona Tudor

The Administrative Report dated July 20, 2018, refers

Conditional Grant to Vancouver Art House Society towards the Conservation of 1660 E Broadway (Rio Theatre)

A. THAT, subject to B through E below, Council:

a. approve the Rio Theatre as having sufficient heritage value or heritage character to justify its conservation by way of a Section 219 covenant pursuant to Section 206(2) of the Vancouver Charter; and
b. approve a one-time, conditional grant (“City Grant”) of up to $375,000 to Vancouver Art House Society, incorporated as a registered non-profit society in British Columbia, in support of the conservation of the Rio Theatre; source of funding to be Citywide Community Amenity Contributions, to be added to the 2015-2018 Capital Plan. Expenditures will be managed within the current overall approved 2018 Annual Capital Expenditure Budget.

B. THAT the City Grant be conditional on:

a. funding from the federal Department of Canadian Heritage through the Canada Cultural Spaces Fund; or
b. funding from the other governmental agencies, or private sector investors or lenders; or
c. amendments to the purchase agreement with the current owner of the Rio Theatre such that the City Grant achieves its intended purpose of facilitating the purchase and conservation of the Rio Theatre by an entity that is able to satisfy the conditions set out in C below.

C. THAT the City Grant be disbursed to the Vancouver Art House Society only if the following terms and conditions can be satisfied:

a. The grant agreement terms are legally secured by a Section 219 Covenant registered on title to the Rio Theatre and granted by the corporate entity that acquires title to the Rio Theatre;
b. The 219 Covenant is registered on title in priority to all mortgages, leases, and other charges and encumbrances being registered by the purchasers, lenders, investors and tenants of the Rio Theatre at or after closing;
c. The 219 Covenant require the current use of the property as the Rio Theatre (or any other similar use if approved by the General Manager of Arts, Culture, and Community Services) for 10 years from the closing of the purchase, failing which the City Grant is to be repaid;
d. The repayment terms will ideally require repayment in full and with interest, but at the least will require repayment on a straight-line depreciated basis (e.g., 50% back after 5 years and 0% after 10 years); and
e. A Community Use Agreement, as discussed in this Report.

D. THAT Council authorize the General Manager of Arts, Culture and Community Services to negotiate the necessary grant agreement, Section 219 Covenant, and such other legal agreements as are required to implement and secure the above City Grant conditions and such other terms and conditions as are satisfactory to the General Manager of Arts, Culture and Community Services and the City Solicitor, and that the City Solicitor be authorized to execute all such legal agreements on behalf of the City.

E. THAT no legal rights or obligations will arise or be created by Council's adoption of A above, unless and until all legal agreements authorized by D above have been executed and delivered by the respective parties.

The Administrative Report dated July 23, 2018 , refers.

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