Memorandum

City of Lawrence

Legal Department

 

TO:

David L. Corliss, City Manager

 

FROM:

Toni R. Wheeler, Director of the Legal Department

 

Cc:

Charles Soules, Director of Public Works

 

Date:

March 25, 2011

RE:

Agreement With The Bowersock Mills & Power Company for Temporary Use of City Property for Construction Staging

 

 

 

Please place the attached License Agreement on the City Commission’s agenda for review and approval.

 

Background

The Bowersock Mills & Power Company (“Bowersock” or “the Company”) has obtained land use approvals and has secured financing for the construction of a hydroelectric powerhouse on the north bank of the Kansas River.   Bowersock anticipates commencing construction in the coming weeks.  The Company requests approval to use a portion of the City’s property on a temporary basis for construction staging and construction access.  A brief description of key provisions of the agreement follows:

 

Term – The agreement extends for 24 months from the date of execution.

 

Maintenance and Restoration of Area - Bowersock agrees to design, secure and maintain in good condition the construction staging area during the term of the agreement.  A fence will be installed around the perimeter of the construction staging area.  Upon completion of the construction project, Bowersock will restore the area and repair any damage caused by Bowersock or its agents to City streets, sidewalks, and other public infrastructure in the immediate vicinity of the construction site. 

 

Recreation Path Closed – the recreation path will be closed during the construction project and pedestrians will be redirected to a route outside of the construction area.

 

The agreement also contains insurance requirements, termination provisions, and other provisions to protect the City’s interests. 

 

Staff Recommendation:  Staff recommends the City Commission authorize the City Manager to execute the License Agreement for Temporary Construction Access and Construction Staging between the City of Lawrence and The Bowersock Mills & Power Company, if appropriate.