ADMINISTRATIVE REPORT Date: January 25, 1996 Dept. File No.2940E11 TO: Vancouver City Council FROM: Director of Legal Services and General Manager Engineering Services SUBJECT: Renewal of Main Post Office Tunnel Lease RECOMMENDATION THAT Council approve a sixty-nine (69) year extension (ending on December 15, 2055) of the initial thirty (30) year lease to the Canada Post Corporation of the tunnel from the main CPR station to the main Post Office. CITY MANAGER'S COMMENTS The City Manager RECOMMENDS approval of the foregoing. COUNCIL POLICY On May 21, 1957 Council approved a thirty (30) year lease to the Federal Government to construct and operate a mail transfer tunnel from the CPR station to the then new Post Office at nominal rent. At the same time, Council approved seeking an amendment to the Vancouver Charter to permit Council to grant leases in excess of thirty (30) years to the federal government without the approval of the electors. PURPOSE By this report Council approval is sought for a renewal of the Post Office tunnel lease for a further sixty-nine (69) years from December 16, 1986 to December 15, 2055. BACKGROUND In 1954 the federal Minister of Public Works applied to the City for a ninety-nine (99) year lease of lands beneath City streets to construct and operate a mail transfer tunnel from the main CPR station to the newly to be constructed main Post Office. At that time the mail came to Vancouver on the CPR railway. As the Vancouver Charter then read, a lease in excess of thirty (30) years required the assent of the electors. Council approved a thirty (30) year lease and directed Corporation Counsel to seek a Charter amendment to grant leases in excess of thirty (30) years to the federal government without the assent of the electors. The thirty (30) year lease with the federal Minister of Public Works was entered into October 10, 1957. Shortly after completion of the tunnel, mail began to move by air and so the tunnel was never used. - 2 - The year following the signing of the lease the Vancouver Charter was changed to allow long term leases to the federal government without the assent of the electors. Although legally problematical, the expired lease does provide that if the Vancouver Charter is amended to permit the ninety-nine (99) year without the assent of the electors, then the City will grant an extension of the lease for a further sixty-nine (69) years at nominal rent. The proposal is to carry through on that commitment and in any event Canada Post Corporation (an agent of the Federal Crown) says it does not have the money to restore the tunnel which would cost approximately four hundred and forty thousand ($440,000.00) dollars. DISCUSSION Some economic or utility use for the tunnel may materialize. The Renewal Lease has the new term that if a viable commercial or utility use does materialize, the City and the Post Office will negotiate terms and conditions and sharing benefits of such use. Nevertheless, Canada Post is obliged to restore the street at the end of the proposed sixty- nine (69) year extension. Until that time, Canada Post must keep the tunnel in good repair to support the streets. At this time, the tunnel is in good condition. SUMMARY The proposed lease extension is as the parties originally contemplated. It makes good sense to wait and see if an economic or utility use can be made of the tunnel. Council approval of the lease extension is now sought. * * * * *