Memorandum

City of Lawrence

City Attorney's Office

TO:	Diane Stoddard, Interim 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:	June 25, 2015
RE:	Larsen & Associates, Inc., First Amended License Agreement

The Kansas Department of Health and Environment (KDHE) has contracted with Larsen & Associates, Inc., a Kansas corporation, to assess possible groundwater and soil contamination associated with underground storage tanks located in the vicinity of the intersection of 23rd Street and Naismith Drive. In order to assist KDHE and Larsen & Associates, Inc., in those efforts, the City entered into a License Agreement, dated April 7, 2015, whereby Larsen & Associates, Inc., was granted authority to place two (2)  monitoring wells within the City's rights of way. Larsen & Associates, Inc., now wishes to place two (2) additional monitoring wells, for a total of four (4) monitoring wells, near the intersection of 23rd Street and Naismith Drive, the location of which are shown as MW1, MW2, M3, and M4 (M3 and M4 being the new ones) on Exhibit B to the proposed First Amendment to License Agreement. City staff and Larsen & Associates, Inc., have reached a tentative agreement for the use of the City's rights of way, subject to the terms and conditions of the proposed amendment. If the amendment is approved, then the City will grant Larsen & Associates, Inc., as an accommodation, the right to place four (4) monitoring wells in the City's rights of way to assess possible groundwater and soil contamination in the vicinity of 23rd Street and Naismith Drive. There is no cost to the City associated with this project.

Action Requested:

Staff requests the City Commission authorize the Interim City Manager to execute a First Amended License Agreement, permitting Larsen & Associates, Inc., a Kansas corporation, to install and maintain four (4) monitoring wells within the City's rights of way near the intersection of 23rd Street and Naismith Drive in order to assess possible groundwater and soil contamination in the area.