Memorandum

City of Lawrence

Legal Department

TO:	David Corliss, City Manager Toni Ramirez Wheeler, Director of Legal Department
FROM:	Randall F. Larkin, Staff Attorney
CC:	Scott McCullough, Director of Planning and Development Services Mary Miller, Current Planner
Date:	July 20, 2011
RE:	Dillon Companies, Inc., Rights of Way License Agreements

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Among the conditions placed on its receiving Site Plan approval for the redevelopment of its property located at 1740 Massachusetts Street, Dillon Companies, Inc., was required (1) to obtain approval from the City Commission for its proposed use of part of the Massachusetts Street Right of Way for sidewalk hospitality and for its proposed use of part of the New Hampshire Street Right of Way for a pharmacy drive-through lane, an emergency ingress lane, and a bio-swale and (2), if approval was obtained, to execute License Agreements governing the use of those rights of way.

At its April 26, 2011, regular meeting, the City Commission approved the proposed use of the Massachusetts Street Right of Way by a 5-0 vote and approved the proposed use of the New Hampshire Street Right of Way by a 4-1 vote. The City Commission directed staff to prepare the appropriate License Agreements.

After negotiations regarding several of its provisions, staff and Dillon Companies, Inc., reached an agreement as to the terms to be included in the License Agreements. Dillon Companies, Inc., has executed both agreements and both documents await the Mayor’s signature to become effective.

Action Requested: Staff requests that, in conjunction with consideration of the Site Plan for the redevelopment of the property located at 1740 Massachusetts Street, the City Commission authorize the Mayor to execute License Agreements permitting Dillon Companies, Inc., to use certain portions of the Massachusetts Street and New Hampshire Street Rights of Way in accordance with the terms of those Agreements. (Requests were approved by the City Commission on April 26, 2011)