ADMINISTRATIVE REPORT

Date: February 17, 2000
Author/Local: MG Thomson/7329 RTS No. 01294
CC File No. 5104

Council: March 7, 2000

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services in Consultation with the Manager of Real Estate Services
SUBJECT:	Proposed Lease of a Portion of the East Side of Heatley Avenue, South of Cordova Street

RECOMMENDATION

THAT Council close, stop-up and lease that portion of the east side of Heatley Avenue, south of Cordova Street, shown in heavy outline on the plan attached hereto as Appendix "A", subject to the following conditions:

1. The term of the lease to be five (5) years, with a three (3) month notice of cancellation should the lease area be required for any municipal purpose;

2. The rental to be $ 960.00 per year inclusive of all real property taxes, plus GST and PST as applicable as per the recommendation of the Manager of Real Estate Services. The rent to be reviewed after 2 1/2 years and then set by the Manager of Real Estate Services for the balance of the term;

3. The lease area to be used for parking only, with a maximum of one vehicle north and one vehicle south of the existing crossing;

4. There are to be no buildings or structures on the lease area;

5. The Lessee is to maintain the lease area, including responsibility for drainage, in a manner satisfactory to the City Engineer;

6. Upon expiry or termination of the lease, the Lessee is to be responsible for restoration of the lease area to the satisfaction of the City Engineer;

7. The City and utility companies are to have the right of entry, at any time, to the lease area for the purpose of installing, maintaining, and repairing public utilities;

8. The Lessee to assume full responsibility for liabilities, loss and damages from their occupancy or use of the lease area, and to insure the proposed lease area with a comprehensive general liability insurance policy to the satisfaction of the Manager of Real Estate Services and the Director of Risk Management;

9. The lease agreement to be to the satisfaction of the Director of Legal Services, the Manager of Real Estate Services, and the City Engineer and may contain other terms and conditions to the satisfaction of the Director of Legal Services, Manager of Real Estate Services, and the City Engineer.

It should be noted that no legal right or obligation is created and none shall arise until execution of the lease.

COUNCIL POLICY

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

PURPOSE

The purpose of this report is to seek Council authority to close, stop-up and lease to the abutting owner a portion of the east side of Heatley Avenue, south of Cordova Street for parking purposes.

BACKGROUND

We have received a request from the Greater Vancouver Mental Health Service Society to lease the portion of the east side of Heatley Avenue, south of Cordova Street, as shown in heavy outline on the plan attached hereto as Appendix "A" for parking purposes.

The abutting property at 330 Heatley Avenue, legally described as Lot D, Block 60, District Lot 181, Plan 13966 is owned by Mr. and Mrs. Sondhi. Mr. and Mrs. Sondhi acquired Lot D in May, 1979. The building on Lot D houses the Greater Vancouver Mental Health Services Society, who have a registered lease.

In January 1971, the City, who owned Lots 1 to 7, Plan 196 within the block registered a subdivision plan as Plan 13966 that dedicated an additional 7 feet for road on the east side of Heatley Avenue.

As such, the width of Heatley Avenue at this location is 73 feet.

DISCUSSION

Heatley Avenue is constructed as a standard 66 foot street, but is legally 73 feet wide. As such, there is an extra wide boulevard on the east side of Heatley Avenue. Adjacent to the crossing, both north and south of the said crossing is an area that has been paved, and used for parking for some time.

The matter was brought to staff's attention in 1999 when Parking Enforcement began to ticket the vehicles as parked on what is the boulevard of a City street.

After some consideration and review of conditions in the area, it was deemed reasonable that the subject area continue to be used for parking.

To give the applicant use of the area and provide the City with appropriate indemnities, it is necessary to close, stop-up and lease the subject area. The Manager of Real Estate Services has negotiated a lease with terms and conditions generally as described in the Recommendation.

We will retain the right to reclaim the area on three (3) months notice if required for any municipal purposes.

CONCLUSION

The proposed lease will provide for the indemnification of the City and will require that the Lessee be responsible for the maintenance of the lease area. The future use of the lease area will be assured through the cancellation provisions in the lease, and the City will receive market rent for the use of City street. It is therefore recommended that Council approve the lease subject to the conditions set out in this report.

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(c) 1998 City of Vancouver