In-camera Council meeting released decisions and reports
January 29, 2019
Updated January 27, 2021
Deputy City Clerk – Assignment of Statutory Authority
THAT Council exercise its authority under section 4 of the Vancouver Charter to appoint Tina Penney as a Deputy City Clerk starting on February 4, 2019, and for the duration of her incumbency as Director of Legislative Operations.
Appointments to Advisory Bodies
THAT the following individuals be appointed to the Vancouver City Planning Commission, terms to commence immediately and end December 31, 2019, or until successors are appointed:
• Albert Huang
• Alyssa Koehn
• Alix Krahn
• Jennifer Marshall
• Nola Kate Seymoar
Lease and Option to Renew – premises located at 814 Richards Street by the City of Vancouver
A. THAT Council authorize the Director of Real Estate Services to negotiate and execute a lease of 5,847 square feet (the “Lease”), for additional office accommodations for a term of two years and four months commencing April 1, 2019 (the “Term”), between Thomas Downie Holdings Ltd. (the “Landlord”), and the City of Vancouver (the “Tenant”), for the premises located at Suite 402 - 814 Richards Street, Vancouver, B. C., legally described as PID: 008-189-200, 008-189-277, 008-189-315, Amended Lot 5, Lot 6, Lot 7, and Lot 8, all of Block 65, District Lot 541, Plan 210 (the “Premises”, as shown in Appendix A) at a total rental value of s. 17(1) plus GST for the Term, on the following terms and conditions:
Term: Two years and four months from February 1, 2019,
(the “Possession date”)Lease Area: Approximately 5,847 square feet.
Net Rent: s. 17(1) per annum (s. 17(1) per square foot rate plus GST).
Parking: 3 parking stalls at a market rate of s. 17(1) per stall, plus 21% transit levy and GST, and subject to market rate adjustments over the term of the Lease.
Operating
Costs & Taxes: Not less than s. 17(1) per square foot (estimated for 2018) per annum in Year 1. Operating costs to include: repair, maintenance, building, management, security, utility, supplies, janitorial, and landlord insurance.Fixturing Period: s. 17(1) free basic rent from the Possession Date.
Commencement
Date: April 1, 2019.Indemnity by
Tenant: To indemnify and hold harmless the Landlord from and against any claims, losses, actions, suits, damages, costs and charges (“Claims”) arising out of or in connection with any injury or losses or damage to property arising from or caused by:(i) The Lease;
(ii) Any occurrence in, upon or at the Premises;
(iii) Occasioned by any fault, default, negligence, act or omission of the Tenant, the Tenant’s personnel responsible; or
(iv) Breach of environmental provisions in the Lease.Other Terms and
Conditions: Such other terms and conditions of the Lease are to be drawn to the satisfaction of the Directors of Legal and Real Estate Services, it is being noted that no legal rights or obligations shall arise or be created until the Lease document is fully executed by both parties; and
B. THAT Council authorize the Director of Real Estate Services to negotiate and execute an Option to Renew for a renewal term of five (5) years for the 5,847 sq. ft. Lease plus the 36,173 square feet sublease (the “Sublease”), currently leased by the Tenant from CBV Collection Services Ltd. (the “Sub-Landlord”). If the Tenant exercises the Option to Renew for the combined Lease and Sublease, the Tenant will then enter into one “Renewal Lease” directly with the Landlord, for total premises measuring 42,020 sq. ft. (the “Renewal Lease Premises”, as shown on Appendix B) on the following general terms and conditions:
Renewal Lease
Term: Five (5) years from August 1, 2021 (2021 is defined as Year 1)Renewal Lease
Area: Approximately 42,020 square feetNet Rent: Fair Market Net Rent, to be negotiated by the Tenant and Landlord and failing agreement, to be settled by arbitration pursuant to the Commercial Arbitration Act of British Columbia.
Parking: 17 parking stalls at the then market rent, plus 21% transit levy and GST, and subject to market rate adjustments over the term of the Lease
Operating
Costs & Taxes: To be estimated by the Landlord annually and reconciled at the end of each year of the Renewal Lease Term. Operating costs to include: repairs, maintenance, building management, security, utility, supplies, janitorial, and landlord insurance.Commencement
Date: The day next following the expiry of the Lease and Sublease (July 31, 2021).Indemnity by
Tenant: To indemnify and hold harmless the Landlord from and against any claims, losses, actions, suits, damages, costs and charges (“Claims”) arising out of or in connection with any injury or losses or damage to property arising from or caused by:(i) The Renewal Lease;
(ii) Any occurrence in, upon or at the Renewal Lease Premises;
(iii) Occasioned by any fault, default, negligence, act or omission of the Tenant, the Tenant’s personnel responsible; or
(iv) Breach of environmental provisions in the Renewal Lease.Other Terms and
Conditions: Such other 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 rights or obligations shall arise or be created until the Renewal Lease document is fully executed by both parties.and
C. THAT subject to approval of A and B above, Council approve up to s. 17(1) for the Tenant improvements and furnishings on the 5,847 sq. ft. Premises. This will be funded from the 2019 Capital project budget for Office Workspace expansion.
Provincial Bus Reroute Project to Facilitate Broadway Subway
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