COOPERATION AGREEMENT BETWEEN THE CITY OF LAWRENCE, KANSAS AND THE BOARD OF COMMISSIONERS OF DOUGLAS COUNTY, KANSAS AND UNIFIED SCHOOL DISTRICT NO. 497 AND THE LAWRENCE CHAMBER OF COMMERCE

CONCERNING THE PARTNERS FOR LAWRENCE ATHLETICS & YOUTH (PLAY)

THIS AGREEMENT (this “Agreement”) is made and entered into by and among the CITY OF LAWRENCE, KANSAS (hereinafter referred to as the “City”), the BOARD OF COMMISSIONERS OF DOUGLAS COUNTY, KANSAS (hereinafter referred to as the “County”) and the UNIFIED SCHOOL DISTRICT NO. 497 (hereinafter referred to as “USD 497”) and the Lawrence Chamber of Commerce (hereinafter referred to as the “Chamber”).

RECITALS

WHEREAS, the City, the County, USD 497 and the Chamber have formed a partnership, “Partners for Lawrence Athletics and Youth” (hereinafter referred to as “PLAY); and

WHEREAS, the City, the County, USD 497 and the Chamber, desire to cooperate and share costs in funding a needs assessment/feasibility study (hereinafter referred to as the “study”) to evaluate the need and potential support for competitive and recreational sports venues for the Lawrence community; and

WHEREAS, a PLAY Committee has been formed to advance and explore the possibilities for competitive and recreational sports venues in Lawrence and to make recommendations to the signatories hereto; and

WHEREAS, the PLAY Committee will make recommendations and will be responsible for reviewing and screening the proposals received for the study; and

WHEREAS, on January 9, 2006, USD 497 agreed to fund 40% of the study (up to a maximum amount of $25,000) contingent on the funding participation of the City of Lawrence and other PLAY partners; and

WHEREAS, on February 14, 2006, the City agreed to fund 40% of the study (up to a maximum amount of $25,000) contingent on the funding participation of the other PLAY partners; and

WHEREAS, on February 27, 2006, the County agreed to fund 10% of the study (up to a maximum amount of $7,000) contingent on the funding participation of other PLAY partners; and

WHEREAS, the Lawrence Sports Corporation, a non-profit subsidiary of the Lawrence Convention & Visitors Bureau and the Lawrence Chamber of Commerce have agreed to fund 10% of the study (up to a maximum amount of $6,000) contingent on the funding participation of other PLAY partners; and

WHEREAS, the total maximum amount of the study shall not exceed $63,000; and

WHEREAS, the parties wish to enter into this Agreement to document the duties and obligations to be assumed by each in connection with the study.

AGREEEMENT

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein and other valuable consideration, the parties agree as follows:

1. Purpose. The purpose of this Agreement is to document the understanding and agreement of the parties relating to financing of the study. Specifically, the parties enter into this Agreement to efficiently use City, County, USD 497 and Chamber of Commerce resources to evaluate the need and potential support for competitive and recreational sports venues for our community.

2. Recitals. The above recitals are incorporated herein as if fully set forth below.

3. Undertakings of the City.

The City shall enter into a contract with a qualified vendor to conduct the study upon receipt of the recommendation of the PLAY Committee. The study amount shall not exceed a total maximum amount of $63,000. The City shall be responsible for funding 40% of the costs of the study up to a maximum amount of $25,000.
The City shall provide a copy of the contract for approval to the signatories of this Agreement.
The City shall request payment to the City of Lawrence from the other signatories of this Agreement, pursuant to the conditions herein. 50% of the funds allocated herein shall be due and payable to the City of Lawrence upon execution of this Agreement. The remaining 50% shall be due and payable to the City of Lawrence upon completion of the contract.
The City shall collaborate with the signatories hereto and the PLAY Committee in quality assurance/quality control of the study, to ensure that acceptable data products, for their respective areas of interest, are delivered, but the City shall have primary control over administration of the contract with the vendor selected for the study.

4. Undertakings of USD 497.

USD 497 shall be responsible for funding 40% of the costs of the study up to a maximum amount of $25,000. The study amount shall not exceed a total maximum amount of $63,000.

5. Undertakings of the County.

The County shall be responsible for funding 10% of the costs of the study up to a maximum amount of $7,000. The study amount shall not exceed a total maximum amount of $63,000.

6. Undertakings of the Chamber.

The Chamber shall be responsible for funding 10% of the costs of the study up to a maximum amount of $6,000. The study amount shall not exceed a total maximum amount of $63,000.

7. Approval and Authorization. Each of the persons signing this Agreement warrants and represents that this Agreement has been approved by its governing body, and that this Agreement constitutes a legal, valid and binding obligation of such party enforceable in accordance with its terms.

8. Effective Date. This Agreement shall take effect upon the date fully executed by the last of the parties signatory hereto.

9. Prior Agreements. This Agreement constitutes the entire understanding and agreement between the parties hereto with respect to the subject matter contained herein.

10. Applicable Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of Kansas.

IN WITNESS WHEREOF, the parties hereto approved this Agreement on the dates below stated, to be effective as set forth in Section 8.

CITY OF LAWRENCE, KANSAS

By: ______________________________________________

Mike Amyx, Mayor (Date)

ATTEST:

____________________________

Frank S. Reeb, City Clerk

DOUGLAS COUNTY, KANSAS

___________________________________________________________________

Chair, Douglas County Board of Commissioners (Date)

ATTEST:

__________________________________

Jameson D. Shew, Douglas County Clerk

UNIFIED SCHOOL DISTRICT NO. 497

_____________________________________________________________

Chair, USD 497 School Board (Date)

STATE OF KANSAS )

:SS

COUNTY OF DOUGLAS )

BE IT REMEMBERED, that on this _____ day of _____________, 2006, before me, the undersigned, a Notary Public in and for the County and State aforesaid came ____________________, acting on behalf of USD 497, who is personally known to me to be the same person who executed the within and foregoing instrument of writing, and duly acknowledged the execution of the same.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written.

__________________________

Notary Public

My Commission Expires: ____________________

LAWRENCE CHAMBER OF COMMERCE

___________________________________________________________

Lavern Squier, President (Date)