Memorandum

City of Lawrence

Legal Services Department

TO:	David L. Corliss, Interim City Manager
FROM:	Toni Ramirez Wheeler, Staff Attorney
Date:	June 15, 2006
RE:	Proposed Encroachment Agreement – New York Elementary School, 936 New York Street, USD #497, Owner of Record

The School District requests permission to install an ADA accessible ramp in a portion of the right-of-way adjacent to New York Elementary School, 936 New York.  Existing steps serving the school entrance are currently located in a portion of the right of way. 

The School District has obtained Planning Department, including HRC, approval for the construction of the accessible ramp.  Utility company representatives had an opportunity to review and comment upon the site plan submitted by the School District and no objections have been raised.

Staff recommends the Commission authorize the City Manager to enter into an Encroachment Agreement substantially similar to the attached Agreement. [AGREEMENT] The proposed agreement authorizes the School District to install the ramp, subject to certain conditions.  The School District agrees to remove the improvements at its sole cost and expense should the City deem it necessary.  The School District also agrees to indemnify the City from any claims, actions or damages related to the use of the right-of-way.  Finally, the City may terminate the agreement at any time and for any reason by giving the School District 30-day written notice.