First Amendment to Cooperation Agreement
Between The City of Lawrence, Kansas, and
the University of Kansas
THIS AMENDMENT is made and entered into effective ________, 2016, by and between the City of Lawrence, Kansas (hereinafter referred to as the “City”) and the University of Kansas, an educational institution, public body, and independent agency of the State of Kansas (hereinafter referred to as the “University”), the City and the University from time to time herein collectively referred to as “the parties.”
RECITALS
WHEREAS, the City and University, in their mutual desire to avoid disputes concerning the applicability of certain City land use regulations to University property, entered into a Cooperation Agreement on April 7, 2005, which specifies City land use regulations with which the University shall comply in its ownership of real property within City boundaries;
WHEREAS, the parties agreed to extend the Cooperation Agreement for an additional five years, commencing April 6, 2010;
WHEREAS, thereafter the Cooperation Agreement was automatically renewed for an additional five years, as set forth at Section 13, with its terms extending through April 6, 2020;
WHEREAS, the University is currently embarking on additional property development within the City, known as the Central District Development Project, as reflected on the attached site map, and the City desires to cooperate in that endeavor in order to preserve the parties’ long history of cooperation where they have shared mutual interests; and
WHEREAS, the Cooperation Agreement requires the University to establish an ad hoc Community Program Advisory Committee with representation from adjoining property owners, neighborhood association representatives, City representatives, and appropriate University representation, in order to review architectural plans and drawings, site and footprint layouts, provide recommendations for changes and improvements, and shall have the opportunity to review subsequent planning documents;
WHEREAS, the University completed the ad hoc Community Program Advisory Committee process as directed by the Cooperation Agreement, with said committee being in support of this amendment; and
WHEREAS, the Cooperation Agreement requires that any new University construction within the 150-foot buffer area shall have a height no greater than its set-back from the public right-of-way adjacent to the nearest City-maintained street;
WHEREAS, the Cooperation Agreement requires that on-site parking pursuant to City requirements shall be provided for student housing structures built within the 150-foot buffer area;
WHEREAS, the Central District Development Project contains elements that exceed the height and parking standards of the Cooperation Agreement; and
WHEREAS, Section 12 of the Cooperation Agreement grants the parties the right to modify or amend the terms of the Cooperation Agreement, at any time, upon the mutual written agreement of the duly authorized representatives of the parties.
TERMS
NOW, THEREFORE, in light of the mutual promises and obligations contained herein, and in exchange for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree as follows:
1. Those buildings included within the Central District Development Project, as generally depicted on the attached site map, shall be exempt from complying with the Cooperation Agreement standards requiring buildings to have heights that are no greater than their setbacks from adjacent right-of-way lines. (A copy of the site map is affixed hereto as Exhibit A and is incorporated herein by reference).
2. The student housing structures, contained within the 150-foot buffer area as generally depicted on the site map affixed hereto as Exhibit A, shall be exempt from complying with the Cooperation Agreement standards, requiring such structures to be constructed in compliance with City’s parking requirements, and shall instead be required to comply with the parking requirements established at “___________________,” which document is affixed hereto as Exhibit B and is incorporated herein by reference.
3. This First Amendment shall only apply to the Central District Development Project. All other pending or future projects shall adhere to the Cooperation Agreement, dated April 7, 2005.
4. All other terms and conditions of the Cooperation Agreement, dated April 7, 2005, unless expressly modified herein, shall apply to the Central District Development Project.
5. The persons executing this First Amendment to Cooperation Agreement in behalf of their respective parties, represent and warrant that they have the authority to bind the party in behalf of whom they have executed this First Amendment to Cooperation Agreement, and that all acts requisite to that authorization have been taken and completed.
THE UNIVERSITY OF KANSAS
This Agreement is approved as authorized by the University of Kansas, Douglas County, Kansas on the ____ day of ____, 2016.
__________________________
Diane Goddard, VP for Administration and Finance
ACKNOWLEDGMENT
STATE OF KANSAS )
) ss:
COUNTY OF DOUGLAS )
BE IT REMEMBERED, that on this ___ day of _____, 2016, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came Diane Goddard, VP for Administration and Finance of the University of Kansas, who is personally known to me to be the same person who executed the above Agreement, and such person duly acknowledged the execution of the same to be her free and voluntary act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last mentioned.
__________________________
Notary Public
My appointment expires:
CITY OF LAWRENCE, KANSAS
This agreement is approved as authorized by the Governing Body of the City of Lawrence, Kansas on the ____ day of _____, 2016.
__________________________
Mike Amyx
Mayor
ACKNOWLEDGMENT
STATE OF KANSAS )
) ss:
COUNTY OF DOUGLAS )
BE IT REMEMBERED, that on this ___ day of _____, 2016, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came Mike Amyx, Mayor of the City of Lawrence, Kansas, who is personally known to me to be the same person who executed the above Agreement, and such person duly acknowledged the execution of the same to be her free and voluntary act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last mentioned.
__________________________
Notary Public
My appointment expires: