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:	March 24, 2015
RE:	Larsen & Associates, Inc., Right of Way Agreement

The Kansas Department of Health and Environment has contracted with Larsen & Associates, Inc., a Kansas corporation, to assess possible groundsoil contamination associated with underground storage tanks in the vicinity of the intersection of 23rd Street and Naismith Drive. In order to complete that assessment, Larsen & Associates, Inc., wishes to place two monitoring wells within the City's Right of Way on 23rd Street, near the intersection of 23rd Street and Naismith Drive, the location of which are shown as MW1 and MW2 on Exhibit A to the proposed agreement. City Staff and Larsen & Associates, Inc., have reached a tentative agreement for its use of the City's Right of Way, subject to the terms and conditions of the proposed agreement. If the agreement is approved, then the City will grant Larsen & Associates, Inc., as an accommodation, the right to place two monitoring wells in the City's rights of way to assess possible 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 Larsen & Associates, Inc., a Kansas corporation, to install and maintain two ground water monitoring wells within the City's Right of Way near the intersection of 23rd Street and Naismith Drive.