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                             ADMINISTRATIVE REPORT

                                           Date: January 2, 1997
                                           Dept. File No.000 541
                                           cc File: 5807


   TO:       Vancouver City Council

   FROM:     General Manager of Engineering Services

   SUBJECT:  Encroachment of a Pedestrian Bridge over the Lane East of
             Seymour Street, North of Robson Street - B.C. Telephone
             Company

   RECOMMENDATION

        THAT Council authorize the continued encroachment of the pedestrian
        bridge over the lane east of Seymour Street, north of Robson Street
        as indicated on the plan attached as Appendix  A , subject to the
        following conditions:

        1.   The rental to be $1,900 per annum, from February 1995 to
             February 2000, and to be subject to review every five years in
             accordance with the recommendation of the Manager of Real
             Estate Services.

        2.   An agreement to the satisfaction of the Director of Legal
             Services.

        3.   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 pedestrian bridge. Had it not
   been for this variance from the standard provisions of the Encroachment
   By-law, staff could have finalized this agreement without referral to
   Council.




   BACKGROUND

   On September 9, 1964, Council approved an application submitted by the
   B.C. Telephone Company for permission to construct a pedestrian overpass
   across the lane, between the then existing B.C. Telephone building at
   768 Seymour Street and the proposed parking garage in the 700 block
   Richards Street.  The term of the agreement was 30 years commencing
   February 15, 1965, and the rental was $1.00 per square foot based on the
   square footage of lane that the overpass covered which is 140 square
   feet, for an annual rental of $140.00.


   CURRENT SITUATION

   Following negotiations, B.C. Telephone has agreed to a new Encroachment
   Agreement which will run concurrently with the life of the connected
   buildings, commencing February 15, 1995, with a rental review every five
   years. The initial five year period to have an annual rental of $1,900.

   The Manager of Real Estate Services is of the opinion that the proposed
   new fee is representative of the current market value.


   CONCLUSION

   The General Manager of Engineering Services recommends that the existing
   pedestrian bridge over the lane east of Seymour Street, north of Robson
   Street, be validated under the provisions of the Encroachment By-law,
   subject to the conditions set out in this report.



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