A6
                             ADMINISTRATIVE REPORT

                                            Date: October 1, 1996
                                            Dept. File No.000 301

    TO:       Vancouver City Council

    FROM:     General Manager of Engineering Services

    SUBJECT:  Proposed Encroachment of a Pedestrian Bridge
              over the Lane for Edith Cavell Hospital


    RECOMMENDATION

         THAT Council agree to the encroachment of the pedestrian bridge
         over the lane south of 12th Avenue, west of Sophia Street subject
         to the following conditions:

         i)   The annual rental to be $1842, subject to review every 5
              years, in accordance with the recommendation of the Manager
              of Real Estate Services.

         ii)  Subject to the approval of Council, the encroachment
              agreement may be cancelled upon 6 months notice, if the area
              is required for municipal purposes.

         iii) The agreement to be to the satisfaction of the      Director
              of Legal Services.

         iv)  No legal right or obligation shall be created and none shall
              arise hereafter, until the documents are  executed.

    COUNCIL POLICY

    There is no Council policy directly related to this matter.


    PURPOSE

    The purpose of this report is to seek Council's authority for the
    rental to be charged for the encroachment of the proposed pedestrian
    bridge and to provide for Council authorization, should the City wish
    to cancel the agreement prior to the demolition of the bridge.  Had it
    not been for these two variations from the standard provisions of the
    Encroachment By-law, staff could have finalized this agreement without
    referral to Council.

    BACKGROUND

    On June 29, 1995, Council at Public Hearing, agreed to rezone the sites
    at 2835 and 2855 Sophia Street to allow the construction of a
    'Community Care/Multi-Level Care Facility'.  Prior to enactment, the
    applicant was to satisfy a number of conditions.  
    The concept presented to Council involved two building components, one
    on either side of the lane, being joined by a multi-level pedestrian
    bridge over the lane.  One of the conditions to be met, prior to
    enactment of the CD-1 By-law, is for arrangements to be made for the
    encroachment over the lane.  We are proposing validating the bridge
    encroachment by an agreement prepared pursuant to the Encroachment
    By-law.

    DISCUSSION

    In order to provide for a rental based on current market rates, we
    requested the advice of the Manager of Real Estate Services.  The
    rental recommended is considerably more than set out in the schedule to
    the by-law.  It is therefore required that Council authorize the rental
    as recommended by the Manager of Real Estate Services.

    In addition, the owners of Edith Cavell Hospital have expressed concern
    that the City intends to have cancellation provisions in the proposed
    agreement.  This is a standard provision in these types of agreements,
    and is intended to provide Council with the ability to use the streets
    and lanes of the City should the need arise in the future.  To allay
    the concerns of the owners, we propose to provide for cancellation upon
    6 months notice, after approval by Council.  The owners' representative
    has indicated this is satisfactory to them.

    CONCLUSION

    The General Manager of Engineering Services recommends that the
    proposed pedestrian bridge over the lane south of 12th Avenue, west of
    Sophia Street, be validated under the provisions of the Encroachment
    By-law, subject to the conditions set out in this report.


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