AMENDED
MEMORANDUM OF LEASE
THIS AMENDED MEMORANDUM OF LEASE is made this _____ day of December 2010, by and between the City of Lawrence, a municipal corporation organized under the laws of the State of Kansas (the “City”) and The Bowersock Mills & Power Company (which is one and the same company as “The Bowersock Mills and Power Company” and “Bowersock Mills and Power Company”), a corporation organized under the laws of the State of Kansas (the “Lessee”).
WHEREAS, City is the owner of the land described on Exhibit A attached hereto (the “Leased Premises”).
WHEREAS, by Ground Lease dated November 24, 2010 (the “Lease”), City leased to Lessee, and Lessee leased from City, the Leased Premises.
WHEREAS, to document the Lease, a Memorandum of Lease was recorded with the Douglas County Register of Deeds on November 29, 2010, at Book 1068, Page 5113.
WHEREAS, by Addendum to Ground Lease dated the same date as this Amended Memorandum of Lease (the “Addendum”), the City and Lessee amended the Lease to provide Lessee with additional options to renew and extend the Lease.
NOW, THEREFORE, in consideration of the mutual premises, covenants and agreements contained herein, the parties to this Amended Memorandum of Lease state and agree as follows:
1. The parties agree that this Amended Memorandum of Lease is executed for purposes of recording in the Office of the Register of Deeds, Douglas County, Kansas, and supersedes the Memorandum of Lease identified in the Recitals.
2. The Lease, as amended by the Addendum, covers a term, including options, until April 5, 2137.
3. Section 25 of the Lease provides as follows:
25. ACCESS TO LEASED PREMISES. Lessee shall have a right of ingress and egress to the Leased Premises on such roads or land the City owns and maintains except when access is affected by a flood or significant rain event. Lessee agrees the City shall have no obligation whatsoever to secure or maintain access to the Leased Premises on, under, or across property, easements or right-of-way the City does not own and control; provided, however, that City may, at City’s expense, relocate such access roads as long the relocation does not unreasonably interfere with Lessee’s access; and, provided, further, that City shall not dispose of any of its property or vacate any easements or rights-of-way in a manner that destroys reasonable ingress and egress, including emergency response vehicles, to and from the Leased Premises and the north end of the Kansas River Dam.
4. The additional terms and conditions of the Lease and tenancy are set forth in the Lease, as amended by the Addendum, and are available through City at its principal offices or the Lessee at its principal offices.
IN WITNESS WHEREOF, the parties hereto have duly executed this Amended Memorandum of Lease the day and year first above written.
City: Lessee:
City of Lawrence, Kansas The Bowersock Mills & Power Company
By: By:
Name: David L. Corliss Name: Stephen H. Hill
Title: City Manager Title: President
ACKNOWLEDGEMENT
STATE OF KANSAS )
) ss
COUNTY OF DOUGLAS )
BE IT REMEMBERED, that on this _____ day of December 2010, before me, the undersigned, a Notary Public in and for the County and State aforesaid came David L. Corliss, City Manager of the City of Lawrence, Kansas, a municipal corporation, 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 to be the free act and deed of such city.
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:
ACKNOWLEDGEMENT
STATE OF KANSAS )
) ss
COUNTY OF DOUGLAS )
BE IT REMEMBERED, that on this ______ day of December 2010, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came Stephen H. Hill, President of The Bowersock Mills & Power Company, a Kansas corporation, who is personally known to me to be the same person who executed the foregoing instrument of writing, and such person duly acknowledged the execution of the same to be the free act and deed of such company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above mentioned.
Notary Public
My Commission Expires:
EXHIBIT A
(Legal Description of Leased Premises)
All of Lots 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, 30, 90, 92, 94, 96 and 98, and all that part of Lots 95, 97, 99, 101, 103, 105, 107, 100, 102, 104, 106, and 108, all lying in Block 13, North Lawrence, and all that part of the Southwest Quarter of Section 30, Township 12 South, Range 20 East, all lying in Douglas County, Kansas, described as follows:
COMMENCING at the Northeast corner of Lot 117, Block 13, North Lawrence; thence South 88 degrees 14 minutes 39 seconds West along the North line of said Block 13 a distance of 299.04 feet to the Northeast corner of Lot 30 of said Block 13, the POINT OF BEGINNING; thence South 1 degree 46 minutes 12 seconds East along the East line of Lots 30, 28, and 26 of said Block 13 a distance of 76.37 feet to a point; thence North 88 degrees 14 minutes 09 seconds East a distance of 71.14 feet to a point; thence North 88 degrees 15 minutes 35 seconds East a distance of 103.31 feet to a point on the East line of Lot 107 of said Block 13; thence South 1 degree 45 minutes 55 seconds East along the East line of Lots 107 and 108 of said Block 13 a distance of 142.34 feet to a point; thence North 36 degrees 05 minutes 29 seconds West a distance of 44.20 feet to a point on the East line of Lot 106 of said Block 13; thence South 86 degrees 38 minutes 35 seconds West a distance of 50.06 feet to a point on the East line of Lot 102 of said Block 13; thence South 65 degrees 27 minutes 19 seconds West a distance of 54.01 feet to a point on the East line of Lot 98 of said Block 13; thence South 1 degree 49 minutes 13 seconds East along the East line of said Lot 98 and its Southerly prolongation a distance of 182.85 feet to a point; thence South 66 degrees 10 minutes 57 seconds West a distance of 112.39 feet to a point; thence North 74 degrees 37 minutes 47 seconds West a distance of 207.08 feet to a point; thence in a Northwesterly direction along a curve to the right, having a radius of 950.00 feet, through a central angle of 20 degrees 33 minutes 42 seconds, an arc distance of 340.93 feet to a point; thence North 35 degrees 55 minutes 55 seconds East a distance of 119.28 feet to a point; thence North 64 degrees 43 minutes 46 seconds East a distance of 141.50 feet to a point; thence South 39 degrees 55 minutes 36 seconds East a distance of 54.22 feet to a point; thence South 69 degrees 27 minutes 11 seconds East a distance of 69.95 feet to a point; thence South 77 degrees 39 minutes 24 seconds East a distance of 56.65 feet to a point; thence North 70 degrees 43 minutes 18 seconds East a distance of 57.73 feet to the Southwest corner of Lot 22 of said Block 13; thence North 2 degrees 13 minutes 09 seconds West along the West line of Lots 22, 24, 26, 28 and 30 of said Block 13 a distance of 127.29 feet to the Northwest corner of said Lot 30; thence North 88 degrees 14 minutes 39 seconds East along the North line of said Lot 30 a distance of 143.30 feet to the POINT OF BEGINNING;
LESS AND EXCEPT that portion of the foregoing (i) lying within Lots 5, 7, 9, 11, 13, 15, and 17 on Bridge Street, and Lot 17 on Massachusetts Street, in North Lawrence, and other property The Bowersock Mills & Power Company owns pursuant to that certain deed recorded in the Office of the Douglas County Register of Deeds on April 10, 1967 at Book 250, Page 82; (ii) lying within the land that “Bowersock Mills Power Co.” (which is one and the same as The Bowersock Mills & Power Company) owns pursuant to that certain deed recorded in the Office of the Douglas County Register of Deeds on September 10, 1924 at Book 110, Page 273; and (iii) lying within the bed of the Kansas River.