ADMINISTRATIVE REPORT Date: July 11, 1997 CC File No.: 1203/5809 TO: Vancouver City Council FROM: General Manager of Engineering Services SUBJECT: Construction of Alberta Wheat Pool Roadway RECOMMENDATION A. THAT Council authorize the City to enter into an agreement with Alberta Wheat Pool concerning the construction of an access roadway containing the following terms and conditions: (1) The City's obligations are to: (a) construct a new roadway, sidewalk and bridge, on City-owned land immediately north of the C.P.R. Right-of-Way from Commissioner Street to the northeast boundary of Lot Y, Town of Hastings and of the Bed and Foreshore of Burrard Inlet Plan 19378 (the "Alberta Wheat Pool Roadway"), at a cost of approximately $1.6 M. (b) operate and maintain the Alberta Wheat Pool Roadway. (2) The Alberta Wheat Pool is to reimburse the City the total cost of construction of the Alberta Wheat Pool Roadway including all drainage costs, estimated to be $1.6 M plus interest charges at the same rate as Local Improvement projects, by way of 15 annual payments. Prior to the City commencing construction of the Alberta Wheat Pool Roadway, the Alberta Wheat Pool shall post security for $1.6 M by way of providing to the City a Letter of Credit in a form acceptable to the Director of Legal Services in the amount of $1.6 M; and (3) Such other terms and conditions as are acceptable to the General Manager of Engineering Services, and the Director of Legal Services, it being noted that no legal obligations shall arise until the execution of the documents contemplated herein; and B. The Director of Legal Services be authorized to execute such documents as are necessary to complete the transactions contemplated by this Council Report. COUNCIL POLICY There is no Council policy on this subject. PURPOSE The purpose of this report is to obtain Council approval for the City entering into a contract with the Alberta Wheat Pool concerning the construction of the Alberta Wheat Pool Roadway and for the financial arrangements necessary to facilitate this arrangement. BACKGROUND On November 5th, 1996, Council gave approval for the Port Roadway Connector to McGill Street Project. This project will result in the removal of Port Roadway traffic out of the residential area on Renfrew Street, north of McGill Street. This will also allow for the physical closure of Wall Street at McGill Street and other measures which can deal with commuter traffic through-cutting on Wall Street. The new overpass presently under construction will improve access to New Brighton Park for pedestrians and bicyclists, as well as vehicles. As part of this large project, construction of a new roadway connection to the Alberta Wheat Pool (the Roadway) will improve pedestrian access at the Windermere connection to New Brighton Park. The Port Roadway Connector report noted The Alberta Wheat Pool will be responsible for the cost of the Roadway, possibly through a Local Improvement. The City would construct the Roadway and the Alberta Wheat Pool would repay the City over 15 years. FINANCIAL IMPLICATIONS The Alberta Wheat Pool is responsible for all costs of the Roadway, including construction, drainage and financing, (other than the future operating and maintenance costs which shall be paid for by the City). Construction costs are currently estimated to be $1.6 million. Initially, constructing the Roadway as a Local Improvement was proposed as the mechanism to allow payment over a 15 year period. Further review indicated that a Local Improvement would not provide the City with the necessary security as the Alberta Wheat Pool is merely a tenant of all or most of the property it occupies. Recent discussions with the Alberta Wheat Pool have resulted in the parties agreeing to the Alberta Wheat Pool providing the City with a Letter of Credit for $1.6 million as security for its agreement to pay the cost of construction of the Alberta Wheat Pool Roadway. This is acceptable to the Director of Finance and the Director of Legal Services. The City will proceed with financing and constructing the Roadway. The Alberta Wheat Pool will then repay the City the total cost plus interest over a 15 year period. Any default in payment by Alberta Wheat Pool will result in the City having the option to immediately cash the Letter of Credit. IMPLEMENTATION Construction of the Roadway could begin this Fall. CONCLUSION A construction agreement secured by an irrevocable Letter of Credit for $1.6 million is a suitable arrangement to allow the City to proceed with constructing and financing the Alberta Wheat Pool Roadway, with all construction and financing costs to be ultimately paid by the Alberta Wheat Pool. * * * * *