ADMINISTRATIVE REPORT

Date: October 8, 1999
Author/Local: NPeters/7328
RTS No. 001033
CC File: 1203

Council: November 2, 1999

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services in Consultation with the Director of Legal Services
SUBJECT:	Proposed Closure and Lease of a Portion of Davie Street and Marinaside Crescent

RECOMMENDATION

A. THAT Council close, stop-up and lease to the abutting owners, Pacific Place Holdings Ltd., all that portion of Davie Street and Marinaside Crescent shown hatched on the attached sketch marked Appendix "A", subject to the following conditions:

1. That the term of the lease to be forty (40) years, with a right to renew for a further term of forty (40) years;

2. The rental to be a nominal fee of $10.00 for the term;

3. The lessee to provide a public floating pier for year-round public moorage, secure visitor moorage in the gated areas of the marina and a ferry dock to the satisfaction of the General Manager of Engineering Services;

4. The City to have right to terminate the lease if the marina and public floating pier are not constructed within ten (10) years of executing this lease agreement;

5. The lease to provide for public access on portions of the floating marina walkways and adjacent water areas to the satisfaction of the General Manager of Engineering Services;
6. The lease to provide for access by the City to the lease area and to the adjacent shoreline protection and walkway to the satisfaction of the General Manager of Engineering Services for the inspection, maintenance and replacement of the City works. This may involve the relocation of the marina or any works at the lessee's cost;

7. The lessee is to maintain the lease area in a manner satisfactory to the General Manager of Engineering Services;

8. The City reserves a public utility right-of-way over the entire leased premises;

9. Upon expiry or termination of the lease, the lessee is to be responsible for the restoration of the lease area to the satisfaction of the General Manager of Engineering Services;

10. The applicant to supply plans of the lease area to the satisfaction of the City Surveyor;

11. Arrangements are to be made to the satisfaction of the General Manager of Engineering Services for ramps connections to the seawall and for any utility connections through the seawall;

12. Any agreements are to be to the satisfaction of the Director of Legal Services and the General Manager of Engineering Services, and may contain other terms and conditions deemed necessary or desirable;

13. No legal right or obligation shall be created and none shall arise hereafter until the documents are signed.

B. THAT Council authorize the Director of Legal Services to execute plans and documents as necessary to achieve registration of the lease in the Land Title Office.

COUNCIL POLICY

The authority for closing and disposing of streets and lanes is set out in the Vancouver Charter.

PURPOSE

This report seeks Council approval of the closure and lease of portions of Davie Street and Marinaside Crescent.

BACKGROUND

On July 27, 1999 at Public Hearing, Council considered text amendments for Area 4 (Quayside) and Area 2 (Roundhouse) of the False Creek North Official Development Plan. One of the conditions of Council's approval was for the owners, Pacific Place Holdings Ltd., to enter into an agreement with the City with regard to the use of the portions of road over which part of the marina and floating public walkway are to be located.

Council further approved that this area be leased at nominal cost.

DISCUSSION

Prior to enactment of the text amendments for CD-1 By-Laws 324 (Quayside, Area 4), 297 (Roundhouse, Area 2) and the False Creek North ODP, a number of conditions must first be met. One of the conditions involves the City leasing portions of road which, for the most part, are covered by water, for the construction of the marina, public floating pier, and ferry dock. Prior to entering into the lease, it is necessary for Council to close, stop-up and authorize entering into the lease of these portions of road.

CONCLUSION

The lease described in this report will provide for the form of development described in the text amendments contemplated for Quayside, Area 4, Roundhouse Area 2 and False Creek North. It is therefore recommended that Council approve of the closing, stopping up and leasing of the subject portions of road, subject to the conditions set out in Recommendations A and B.

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(c) 1998 City of Vancouver