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Item # 7.
         
Work Session and Regular Meeting
Meeting Date: 08/28/2018  
Department: Public Works  

AGENDA CAPTION:
Consider Action to Approve a Resolution for a License Agreement with Seven Owls, L.P. Located at 4940 Landmark Boulevard (Exponent HR Building) for the Use of an Easement Area Located on the Property of 4940 Landmark Boulevard and Authorize the City Manager to Execute the Agreement.
BACKGROUND:
The office building at 4940 Landmark Boulevard was built in 2006.  The driveway that is used to access the property comes off Landmark Boulevard on the southwest corner of the property and it wraps around the eastside and then connects with Landmark Place in the north.  This driveway is also platted as a fire lane access and includes a 24' utility easement, that houses a water line and a sanitary sewer line.  Both lines extend from Landmark Place on the north to Landmark Boulevard on the southwest corner of the property.

The existing property owner, Seven Owls, L.P., is planning to add fencing and motorized vehicular gates at the parking lot entrances on the north and southwest sides to enhance security in those lots.  Staff has reviewed the plans and understands the need for the enhanced security and is, therefore, supportive of the fence installation. The location of the vehicular gates, however, are a concern because they need to be located within the fire lane access and utility easement at the southwest entrance. 

Typically, structures are not allowed to be built within the easement area.  The Fire Department and Infrastructure and Development Services Department have reviewed the plans and the request and find it to be reasonable in this case since the only structure actually located within the easement is the automatic gate and the track on which it runs.  All of the other components, such as the electrical, structural, and gate operators will be located out of the easement area. 

The property owner has agreed to enter into a license agreement for the use of the easement area with the stipulation that access will be granted to the Town for meter reading and repairs and maintenance to the water and sanitary sewer lines.  The license agreement allows for the construction of the vehicular gates and gate track within the easement area, Seven Owls L.P.'s use, operation and maintenance of the license area, insurance and indemnification requirements for Exponent HR, and termination conditions.  Seven Owls L.P. requests approval of the license agreement so that they can apply for the permits necessary to install the fence and vehicular gates. 
RECOMMENDATION:
Administration recommends approval.
Attachments
Resolution - Seven Owls, L.P. License Agreement

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