11 Whitlock Avenue Motion to direct the City Manager and the City Attorney to prepare and present the appropriate and standard License Agreement to the owner of 11 Whitlock Avenue which Agreement shall authorize the leasing of the ground and air encroachments currently encroaching on the public right-of-way. The Agreement shall contain the standard Indemnity Agreement as well as the standard insurance clause and all other clauses contained in the normal License Agreement executed by all parties in favor of the City of Marietta. The Agreement shall further provide that the city shall have not duty to maintain the encroaching property and shall have no duty to inspect the encroaching property either now or in the future. The owner shall have through and including May 14, 2014 to fully execute and return the document to the city. Further, as a requirement of this motion, the owner shall provide a current and accurate survey of the currently existing encroachments (ground and air) by the property upon the public right-of-way and same shall be submitted simultaneously with the executed License Agreement. In the event the Agreement is not fully executed by the owner and returned to the city by May 14, 2014, the owner shall remove each and every encroachment from the city right-of-way, including ground and/or air encroachments on or before June 11, 2014. In the event the owner does not remove each and every encroachment from the city right-of-way, including ground and/or air encroachments, city staff shall remove each and every encroachment from the city right-of-way after June 11, 2014 without further motion of the Mayor and Council. This motion is necessitated by the fact that the prior recipient of the License Agreement abandoned the premises and failed to notify the city or comply with the terms and conditions of the Agreement. In addition, the owner has taken no action to comply with the prior Agreement. Philip Goldstein disclosed he owns (property) at 9 & 11 Whitlock Avenue. Councilman Goldstein will abstain from any action as a Councilman on this item.

Committee

CITY COUNCIL AGENDA WORK SESSION

Requested by

City Clerk

Introduced

February 27, 2014

Passed

March 12, 2014

Enactment no.

C/A 4206