ADMINISTRATIVE REPORT

Date: May 5, 1998

Author/Local: R.Roelofsen/8455

CC File No. 1203

TO:	Vancouver City Council
FROM:	General Manager of Parks and Recreation
SUBJECT:	Engine 374 - License with the Owners, Strata Plan LMS2518

RECOMMENDATION

THAT Council approve the City entering into a license agreement with The Owners, Strata Plan LMS2518 for a 6 metre by 3 metre area of Strata Plan LMS2518's property on terms and conditions satisfactory to the Director of Legal Services and the General Manager of the Board of Parks and Recreation and that the Director of Legal Services be authorized to execute such license agreement on behalf of the City.

COUNCIL POLICY

The Vancouver Charter requires Council to approve agreements involving the City’s indemnifying another party.

PURPOSE

The purpose of this report is to obtain Council approval to enter into a license agreement with The Owners, Strata Plan LMS2518 for the purpose of the City’s Board of Parks and Recreation constructing rail lines and displaying Engine 374 on the rail lines to be located on Strata Plan LMS2518 property.

BACKGROUND

The Board of Parks and Recreation is responsible for the care and custody of Engine 374, the locomotive that pulled the first passenger train into Vancouver in 1887. The Board has constructed a display pavilion adjacent to the Roundhouse Community Arts and Recreation Centre to display the Engine. The Board desires to move the Engine out of the pavilion and onto the turntable plaza on ceremonial occasions, such as the anniversary of the Engine’s arrival in Vancouver, and Canada Day. It is intended to move the Engine on a straight piece of track from its display position. To properly display the Engine the Board would like the track to encroach onto the neighbouring property by 6 meters into an area over which there is already a pedestrian right of way in the City’s favour but owned by The Owners, Strata Plan LMS2518.

DISCUSSION

The property owners are amenable to the license agreement proposed by the Board, which would include a provision of the City indemnifying them from liability due to damages caused by the Board’s actions.

The Director of Risk and Emergency Management finds that the risk incurred by the City due to the encroachment is acceptable, and recommends approval of the indemnity.

Attached is Appendix ‘A’, site plan.

* * * * *

(c) 1998 City of Vancouver