Memorandum

City of Lawrence

Legal Department

TO:              David L. Corliss, City Manager

                   Toni Ramirez Wheeler, Director of Legal

FROM:         Randall F. Larkin, Staff Attorney

cc:               Scott McCullough, Director of Planning

                             and Development Services

DATE:         October 11, 2012

RE:              1040 Vermont Right of Way Agreement

_____________________________________________________________

At its April 5, 2011, regular meeting, the City Commission approved the 1040 Vermont Street Neighborhood Revitalization Area Plan. As part of that plan, 1040 Vermont, LLC, is redeveloping the property at 1040 Vermont Street. That redevelopment, as planned and approved, involves construction of a building that will overhang onto a portion of the Vermont Street Right of Way and use a portion of the Alley Right of Way between Massachusetts Street and Vermont Street for a fire escape. The City has previously entered into License Agreements with 1040 Vermont, LLC, for the use of those rights of way. 1040 Vermont, LLC, now wishes, as part of its redevelopment, to place 5 planters, abutting its building, that will extend into the Vermont Street Right of Way approximately two (2) feet. City Staff has administratively approved such use and has reached an agreement with 1040 Vermont, LLC, on the language to be used in a License Agreements permitting such use.

Action Requested: Staff requests the City Commission to authorize the City Manager to execute a License Agreement permitting 1040 Vermont, LLC, to use a certain portion of the Vermont Street Right of Way to install planters in accordance with the terms of that agreement.