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 31, 2011

RE:                  Ninth and New Hampshire Agreements

_____________________________________________________________

As the shell of the building at 9th Street and New Hampshire Street nears completion, Ninth and New Hampshire, LLC, the owner of the property, has requested that the City enter into two agreements with it. Staff has approved both agreements. The first agreement, as approved and as required by the Site Plan, is a Party Wall Agreement, under which the parties will share the north wall of the Parking Garage and the south wall of the Ninth and New Hampshire Building, granting mutual ingress and egress easements and allowing direct access from the Parking Garage to the building at several locations. The second agreement is a temporary license agreement permitting the builder to set up scaffolding on the fourth floor of the Parking Garage in order to finish the facade on the south side of the building. The scaffolding will be barricaded from the general public and will not impede the flow of traffic in the parking garage.

Action Requested: Staff requests the City Commission to authorize the City Manager to execute a Party Wall Agreement and a Temporary License Agreement with Ninth and New Hampshire, LLC.