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:	Presto Right of Way Agreement

As part of the Presto #25 Remedial System, under the direction of the Kansas Department of Health and Environment, Presto Convenience Stores, LLC, a Kansas limited liability company, wishes to assess ground water contamination associated with underground storage tanks at its location at 602 West Ninth Street. In order to complete that assessment, Presto wishes to place ten monitoring wells within the City's rights of way, including the alley between Louisiana Street and Ohio Street, Ohio Street, Tennessee Street, and Eighth Street, the location of which are shown on Exhibit A and Exhibit B to the proposed agreement. City Staff and Presto have reached a tentative agreement for Presto'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 Presto, as an accommodation, the right to place ten monitoring wells in the City's rights of way to assess groundsoil contamination in the area surrounding 602 West Ninth Street. 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 Presto Convenience Stores, LLC, a Kansas limited liability company, to install and maintain ten ground water monitoring wells within the City's rights of way in the vicinity of 602 West Ninth Street.