Subject:
Title
Consider approving a Median License Agreement between the City and James Madison University
Body
Presented By: Chris Brown, City Attorney
Recommendation and Review
Approximately 10 years ago the City’s Department of Public Works granted permission for JMU to construct a fence in the City’s median on Main Street between the 800 and 900 blocks, between West Main Street and Bluestone Drive. The purpose of the fence was to encourage JMU students and others to cross Main Street in that area only at the designated crosswalks. The fence eliminated a significant pedestrian safety and traffic concern caused by many JMU students crossing Main Street between crosswalks. JMU constructed and maintains the fence and landscaping within the median, while the City maintains the median itself.
JMU has requested formal written permission to occupy the median in order to maintain the fence and landscaping. This license agreement provides that permission and sets out the rights and responsibilities of the parties regarding the median, fence, and landscaping. The license can be revoked by the City if we need the space for street improvement or if a law or governmental regulation would prohibit the fence.