ADMINISTRATIVE REPORT


                                                   Date: September 21, 1995
                                                      Dept. File No. 000541


   TO:       Vancouver City Council

   FROM:     Director of Legal Services and General Manager of Engineering
             Services

   SUBJECT:  Request  by British  Columbia  Transit ("BC  Transit") for  an
             amendment to the Street Use Agreement 




   RECOMMENDATION

        THAT Council authorize the Director of Legal Services to enter into
        an  appropriate agreement on  behalf of  the City  implementing the
        request  of  BC Transit  to amend  the  Street Use  Agreement dated
        January  7, 1987  and made  between B.C.  Transit and  the City  to
        permit  B.C. Transit to  enter upon and  use that part  of the Howe
        Street Viaduct within the heavy outline on the plan hereto attached
        as Appendix "A".



   GENERAL MANAGER'S COMMENTS

        The  General Manager  of Engineering  Services and the  Director of
        Legal Services RECOMMEND approval of the foregoing.



   COUNCIL POLICY

        There is no applicable Council policy.



   PURPOSE

   The  purpose  of  this  report  is to  seek  Council's  approval  to  an
   agreement, to be prepared  to the satisfaction of the Director  of Legal
   Services and the  General Manager of Engineering  Services, amending the
   Street Use Agreement in order to implement the requests of BC Transit.


   BACKGROUND

   On July  25, 1995  the City  Council authorized the  City to  enter into
   agreements  with   Marathon  Realty  Company   Limited  ("Marathon")  to
   implement  the subdivision of Lot 7, District  Lot 541 and of the Public
   Harbour of Burrard Inlet, Plan 13607 ("Lot 7").

   As  a condition of approval of  the subdivision Marathon has conveyed to
   the City the site of the Howe Street Viaduct and the site of the Cordova
   Street Viaduct now described as Lot 1 and Lot 2 respectively of District
   Lot 541 and the Public Harbour of Burrard Inlet, Plan LMP23953.

   In accordance  with the requirements of the Land Title Act, the City has

                                     - 2 -

   agreed  to establish air space parcels of Lot  1 and Lot 2 as highway to
   provide access to Lot 3 (see  attached Appendix "A").  The establishment
   of this highway access is subject  to the release of any encumbrances as
   charges against the air space parcels.  There are  no encumbrances other
   than BC Transit's right of way for the ALRT charged against the airspace
   parcel of Lot 1.

   BC Transit's ALRT entrance extends into the airspace parcel in Lot 1 (as
   shown  in heavy outline on the attached Appendix  "A").  BC Transit as a
   condition of its  release requests that  it be permitted to  continue to
   enter upon and use that part  of the airspace parcel of Lot 1  (shown in
   heavy outline on the plan attached as Appendix "A") for the operation of
   the ALRT  and that the Street Use Agreement be amended to implement such
   request.



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