Memorandum

City of Lawrence

City Attorney's Office

TO:	David L. Corliss, City Manager Toni R. Wheeler, City Attorney
FROM:	Randall F. Larkin, Senior Assistant City Attorney
DATE:	December 10, 2014
RE:	Fall Creek Farms Development Right of Way Agreement

At the entrance to Fall Creek Farms, in the median on Running Ridge Road, there sits currently a large rock. Fall Creek Farms Development, Inc., wishes to convert the large rock into an area sign marker by inscribing the words "Fall Creek Farms" on it. To place an area sign marker in the City Right of Way, in order to protect the City's interests in the Right of Way, Fall Creek Farms Development, Inc., must first execute a license agreement, whereby it will be granted, subject to certain conditions, the nonexclusive right -- at no charge -- to use the Running Ridge Road Right of Way for said area marker sign. Once the development is completed, upkeep and maintenance of the sign will be transferred to the Fall Creek Farms Homeowners Association. City staff and Fall Creek Farms Development, Inc., have reached an agreement on the terms of a License Agreement.

Action Requested:

Staff requests the City Commission to authorize the City Manager to execute a License Agreement permitting Fall Creek Farms Development, Inc., to use a portion of the Running Ridge Road Right of Way for the placement an area marker sign in accordance with the terms of that Agreement.