Fi December 28, 1988 SEs News 985-2131 Classi VANC CEES B. WEST YANCOUVER resigert Bee Barker has been lobvying for the installation of a traffic light at 21st Street and Marine Drive for a number of years. The crossing is used regularly by seniors who live in the xrea and who make use of the community services jocated in the immediate vicinity. An elderly West Vancouver woman died earlier this month after she was strack by a car while crossing the street. Please see story page 3. . MEWS photo Mike Waksfied W/V COUNCIL SEEKS COURT CLARIFICATION Towers THE ONGOING Twin Tower controversy in West Van- couver took an unexpected turn last Wednesday when West Vancouver District Council agreed unanimously to take their contract with developer, Newcorp Properties Ltd., to court for clarification. “I feel it is a most appropriate course of action to take,” Ald. Mark Sager said Thursday. The decision came soon after council received an independent “arms length’ legal opinion on the 320 Taylor Way development from George Macintosh of Farris, Vaughan, Wills & Murphy, a company with no previous in- volvement with the issue. Macintosh pointed to an area of doubt concerning ihe length of the lease of the municipally-owned property at the southeast corner of Taylor Way and Marine Drive. ‘‘There is a possibility that the matter of the 99-year lease with a five-year renewable option may be in contravention of the Municipal Act,” Ald. Alex Brokenshire said Friday. Council court to find out if the contract is is therefore going to valid and does not violate the Municipal Act, a process that shouldn't take more than four to six weeks. “Council also wished to make it known that an opportunity may exist for interested citizens or groups to become a party to the proceeding if they so desire,’’ Mayor Don Lanskail said in a statement Thursday. In the meantime, council’s planning committee, consisting of chairman Ald. Rod Day and members Ald. Brokenshire and Ald. Andy Danyliu, wil! seek from Newcorp possible changes in the configuration and dimensions of the proposed development. Newcorp is already suing the municipality alleging a breach of agreement and requesting a court order for ‘‘specific performance’’ (requiring council to meet the terms of the agreement) or dam- ages. One area of possible defence for the municipality, according to Macintosh, could be the iength of the lease’s term. He estimated the cost of defen- ding the municipality against Newcorp’s suit could range be- tween $60,000 and $350,000. If West Vancouver were unsuc- cessful in its defence, the court could force the district to live up to the terms of the agreement and pay some of Newcorp’s court costs, plus damages resulting from the delay in performance of the agreement. lf Newcorp were awarded dam- ages rather than specific perfor- mance, the cost to the district could be in the millions of dollars. Whatever the result of the legal actions, council would still retain its rights concerning building design on the site. Responding to council’s ques- tions regarding the referendum on the 320 Taylor Way issue, Macin- tosh said that neither Newcorp nor ease tested the district is legally bound by the results. A third-party citizens’ group could initiate action seeking municipal compliance with the ref- erendum results, but Macintosh said they would likely be unsuc- cessful. Although council’s decision to get court clarification on the Newcorp contract was unanimous, Ald. Pat Boname told the News she was concerned about the amount of legal activity and legal costs that the twin tower issue is generating. Brokenshire said that if the con- tract is going to be questioned, ‘‘it should be questioned now.”’ He added that taking the docu- ment through court will provide some needed clarification to coun- cil and the community.