Memorandum

City of Lawrence

City Manager’s Office

TO:	David L. Corliss, City Manager
FROM:	Diane Stoddard, Assistant City Manager
CC:	Cynthia Boecker, Assistant City Manager
Date:	March 19, 2009
RE:	Freenet Agreement for use of 23^rd & Harper Right-of-Way

Please place the following item on the City Commission consent agenda for March 24, 2009:

Approve the Right-of-Way agreement with Freenet for the use of City Right-of-Way near the 23^rd and Harper intersection.

Background:

At the March 3, 2009 City Commission meeting, the City Commission authorized Freenet to proceed with construction in the City’s right-of-way near the intersection of 23^rd and Harper pending an agreement with the City for the long-term use of the right-of-way at that location. Freenet had requested that the right-of-way be utilized at no cost to Freenet, based upon the service it provides to the community. 

Based on this direction, Freenet was issued a temporary right-of-way permit by the City and has now completed its construction in the right-of-way with its cable connection in the ground.  An agreement has been prepared for the long-term utilization of the right-of-way.  The agreement provides for use of the right-of-way at a cost of $10 annually to Freenet, which was placed in the agreement at the suggestion of Freenet, along with other typical provisions to protect the interests of the City.  The agreement will provide a 5 year-term, which is standard for these types of right-of-way agreements.

Action Requested:

Authorize the City Manager to enter into an agreement with Freenet regarding the use of City right-of-way at 23^rd and Harper, if appropriate.