THIS AGREEMENT (“Agreement”) is made and entered into by and between DOUGLAS COUNTY, KANSAS (the “County”) and the CITY OF LAWRENCE, KANSAS (the “City”).

RECITALS

WHEREAS, K.S.A. 12-2908 provides that any city or county in the State of Kansas may contract with any other city or county to perform any governmental service, activity or undertaking which each contracting city or county is authorized by law to perform.

WHEREAS, the City, the Kansas Department of Transportation, and Wilson & Company (the “Consulting Engineers”) have entered into an agreement (the “Study”) for the development of concept phase plans for the extension of 31^st Street in Lawrence, Kansas from E 1500 Road (Haskell Avenue) to E 1600 Road (O’Connell Road).

WHEREAS, County has or will enter into a contract (the “Study Expansion Contract”) with Consulting Engineers to expand the Study to include the extension of 31^st Street concept phase plans from E 1600 Road (O’Connell Road) to Douglas County Route 1057 (the “Study Expansion”).

WHEREAS, pursuant to the Study Expansion Contract, the Consulting Engineers will charge the County a not-to-exceed amount of $216,600 for the additional work associated with the Study Expansion.

WHEREAS, the County and City enter into this Agreement to provide for the duties and obligations to be assumed by each in connection with the Study Expansion.

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

TERMS OF AGREEMENT

1. Purpose. The City and County enter into this Agreement to cooperate in the study of the extension of 31^st Street in an effort to coordinate their efforts and to provide a more cost effective, efficient, and publicly accepted plan for the entire corridor from Haskell Avenue to Douglas County Route 1057, and to provide for the allocation of the increased costs of the Study Expansion.

2. Obligations of the City. The City agrees to do the following:

a. The City agrees to pay the County $10,000 of the Consulting Engineers charges for the Expansion Study. Within 30 days of the execution of this Agreement, the City shall pay the County the sum of $10,000, which the County shall apply towards the County’s obligations under the Study Expansion Contract; provided, however, that the City’s obligation shall not exceed $10,000 without the City’s prior written consent.

b. The City shall fo rm a steering committee consisting of a representative of the governing body of the City and of the County, together with other persons having a broad range of public interests, to provide a discussion on goals, priorities, environmental issues, neighborhood issues, and transportation options for the improvements contemplated by the Study and the Study Expansion, and to evaluate alternatives, collect and respond to public comment, and present recommendations to the governing body of the City and the County relating to the contemplated improvements.

c. The City shall share with the County concept plans that the Consulting Engineers develop in connection with the Study.

d. The City shall coordinate all public involvement activities including, but not limited to organizing and scheduling public meetings and issuing media releases relating to the Study and the Expansion Study.

3. Obligations of the County. The County agrees to do the following:

a. The County shall secure and maintain the services of the Consulting Engineers to develop the concept phase plans for the Expansion Study.

b. The County shall cooperate with the City in forming the steering committee referenced in Section 2.b.

c. The County shall share with the City concept plans that the Consulting Engineers develop in connection with the Expansion Study.

4. Approval and Authorization. Each party represents to the other that this Agreement constitutes a legal, valid and binding obligation of such party enforceable in accordance with its terms. Each party further warrants and represents that the expenditures anticipated pursuant to this Agreement and entering into this Agreement do not and will not violate the Kansas cash basis laws, K.S.A. 10-1101, et. seq. Each of the persons signing this Agreement warrants and represents that the execution, delivery and performance of this Agreement by such party has been authorized by its governing body.

5. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, successors and assigns.

6. Counterparts. This Agreement may be executed in counterparts, all of which shall collectively consist of a single contract.

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

8. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Agreement should be determined by a court of competent jurisdiction to be invalid for any reason whatsoever, such decision shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect; and to this end the provisions of this Agreement are hereby declared to be severable and shall be presumed to have been agreed upon knowing that the various provisions of this Agreement are severable.

9. Effective Date. This Agreement shall take effect upon the date fully executed by both parties.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates stated below and made effective as of the Effective Date.

CITY: COUNTY:

CITY OF LAWRENCE, KANSAS DOUGLAS COUNTY, KANSAS

By: _________________________ By: _________________________

Printed Name: ___________________ Printed Name: ___________________

Title: _________________________ Title: _________________________

Date: _________________________ Date: __________________________

ATTEST: ATTEST:

_____________________________ _____________________________

Frank Reeb, City Clerk Jameson D. Shew, County Clerk