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:	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 groundsoil contamination associated with underground storage tanks at its location at 602 West Ninth Street. In order to complete that assessment, Presto wishes to place eleven monitoring wells within the City's rights of way, including Ohio Street, Tennessee Street, and Eighth Street, the location of which are shown and highlighted in green on Exhibit A 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 proposed agreement. If the agreement is approved, then the City will grant Presto, as an accommodation, the right to place eleven monitoring wells in the City's rights of way, as shown on Exhibit A, 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 eleven ground water monitoring wells within the City's rights of way in accordance with the terms of that Agreement.