Memorandum

City of Lawrence

City Attorney's Office

TO:	David L. Corliss, City Manager Toni R. Wheeler, City Attorney Charles F. Soules, P.E., Director Public Works Mark Thiel, Assistant Director Public Works
FROM:	Randall F. Larkin, Senior Assistant City Attorney
DATE:	January 20, 2015
RE:	ELR Right of Way Agreement

The Kansas Department of Health and Environment has contracted with ELR, LLC, a Colorado limited liability company, to assess groundsoil contamination associated with underground storage tanks in the vicinity of the intersection of Ninth Street and Highland Street. In order to complete that assessment, ELR wishes to place two monitoring wells within the City's rights of way near the intersection of Ninth Street and Highland Street, the location of which are shown on Exhibit A to the proposed agreement. City Staff and ELR have reached a tentative agreement for ELR's use of the City's Rights of Way, subject to the terms and conditions of that agreement. If the agreement is approved, then the City will grant ELR, as an accommodation, the right to place two monitoring wells in the City's rights of way to assess groundsoil contamination in the area. There is no cost to the City associated with this project.

Action Requested: Staff requests the City Commission to authorize the City Manager to execute a License Agreement permitting ELR, LLC, a Colorado limited liability company, to install and maintain two groundsoil monitoring wells within the City's rights of way at the intersection of Ninth Street and Highland Street.