SECOND AMENDMENT TO
INTERLOCAL AGREEMENT
AND GUARANTEE AND
REIMBURSEMENT AGREEMENT AT
This Second Amendment to Interlocal
Agreement and Guarantee and Reimbursement Agreement (hereinafter this “Second Amendment”), is made and entered
into this _______ day of __________________, 2008, among the BOARD OF COUNTY
COMMISSIONERS OF DOUGLAS COUNTY, KANSAS (hereinafter “County”), DOUGLAS COUNTY DEVELOPMENT, INC., a Kansas not-for-profit
corporation (hereinafter “DCDI”),
and the CITY OF LAWRENCE, a municipal corporation (hereinafter “City”).
RECITALS
WHEREAS, on June 16, 1989, the
parties entered into an agreement titled “Interlocal Agreement and Guarantee and
Reimbursement Agreement” concerning the financing and improvement of the property
comprising East Hills Business Park in Douglas County, Kansas, which agreement
was amended for the first time on November 5, 1991 (the agreement as amended is
hereinafter the “Interlocal Agreement”);
and
WHEREAS, pursuant to City Resolution
No. 5328, as further provided in Article III, Paragraph A.3 of the Interlocal
Agreement, the City has formed the East Hills Business Park Improvement
District, has made infrastructure improvements to the land within said
District, and has levied Assessments against all lots and pieces of land within
said District to recoup the cost of the City’s expenditures; and
WHEREAS, pursuant to City Ordinance
No. 6009 and City Ordinance No. 6010 (the “Ordinances”),
as further provided in Article III, Paragraph A.4 of the Interlocal Agreement, the
City has deferred collection of Assessments levied against lots and pieces of
land within the East Hills Business Park Improvement District until the earlier
of (i) 20 years, or (ii) until such time as any property liable for the Assessments
is transferred in the manner described in Article III, Paragraph A.5 or in the
manner described in Article IV, Paragraph C.1 (as amended by the First
Amendment) of the Interlocal Agreement; and
WHEREAS, the 20 year deferral period will expire in May 2009,
and the parties understand that it is unlikely that all of the land within the
East Hills Business Park Improvement District will be transferred to third
parties before such date; and
WHEREAS, the City has paid all debt incurred on the
infrastructure improvements made to the East Hills Business Park and the
parties agree it to be in the best interests of the public, and the best
interests of East Hills Business Park, for the City to defer collection of the
Assessments for an additional 5 years beyond the maximum 20 year term provided
for in the Interlocal Agreement and the Ordinances.
TERMS OF AMENDMENT
NOW, THEREFORE, in mutual
consideration of the terms and conditions hereinafter set forth and those
contained in the Interlocal Agreement, it is hereby agreed as follows:
1.
The
Recitals set forth above are a part of this Second Amendment.
2.
Capitalized
terms not otherwise defined in this Second Amendment shall have the same
meaning as set forth in the Interlocal Agreement.
3.
Provisions
contained in the Interlocal Agreement and the Ordinances setting 20 years as the
maximum term for deferral of the collection of Assessments are hereby amended
to extend the maximum term for deferral an additional 5 years, to May, 2014;
provided, however, that the delayed portion of the Assessments shall remain due
and payable upon the earlier sale or transfer of any particular parcel, lot, or
piece of property to a third party, as provided in the Interlocal Agreement.
4.
Article
III, Paragraph A.11 is amended to reflect the 5 year extension of the maximum
term for deferral, as set forth in Section 3 of this Second Amendment, such
that the delayed portion of the Assessments shall become due and owing in May,
2014.
5.
The
last sentence of Article IV, Paragraph C.1 (as amended by the First Amendment),
is amended to reflect the 5 year extension of the maximum term for deferral, as
set forth in Section 3 of this Second Amendment, such that the delayed portion
of the Assessments shall become due and owing in May, 2014.
6.
Nothing
in this Second Amendment shall prevent the parties from further amending the Interlocal
Agreement with mutually acceptable terms and conditions.
7.
The
City agrees to adopt an ordinance amending the Ordinances to extend the maximum
term for deferral of the Assessments, consistent with this Second Amendment.
8.
The
parties shall execute this Second Amendment and submit it to the Attorney General
of the State of
IN
WITNESS WHEREOF, the parties hereto have executed this Second Amendment effective
as of the Effective Date.
DOUGLAS
COUNTY DEVELOPMENT, INC.
By:
Robert
Stephens, President
BOARD
OF
By:
Bob
Johnson, Chair
ATTEST:
Jameson D. Shew,
By:
Mike
Dever, Mayor
ATTEST:
Frank S.
Reeb, City Clerk
ATTORNEY GENERAL’S APPROVAL
The foregoing Second Amendment
approved this _____ day of _______________, 2008, by the Attorney General for
the State of
Steven
N. Six, Attorney General