Memorandum

City of Lawrence

Legal Department

TO:              David L. Corliss, City Manager

                   Toni Ramirez Wheeler, Director of Legal

FROM:         Randall F. Larkin, Staff Attorney

cc:               Scott McCullough, Director of Planning

                             and Development Services

DATE:         August 10, 2011

RE:              Bullwinkle’s Right of Way Agreement

_____________________________________________________________

At its July 12, 2011, regular meeting, the City Commission granted to Lynn Investments, LLC, d/b/a Bullwinkle’s, 1344 Tennessee Street, a special use permit to operate the premises as a bar or lounge. The grant of the special use permit was subject to several conditions, however, including the execution of a License Agreement that would permit the landowner to use the Tennessee Street and Fourteenth Street Rights of Way for landscaping to act as a buffer between the establishment and the streets located in those rights of way. City Staff and Bullwinkle’s have reached an agreement on the language to be used in the License Agreement. Lynn Investments, LLC, has executed it, and it awaits the signature of the City Manager to become final.

Action Requested: Staff requests the City Commission to authorize the City Manager to execute a License Agreement permitting Lynn Investments, LLC, d/b/a Bullwinkle’s, to use certain portions of the Tennessee Street and Fourteenth Street Rights of Way in accordance with the terms of that Agreement.