Title of Document: Stormwater Detention Waiver Agreement
Date of Document: April ___, 2017
Grantor: The City of Lawrence, Kansas
6 E. 6th Street
Lawrence, Kansas 66044
Grantee: HL Lawrence LLC
c/o The R.H. Johnson Company
Attn: Randi Lefko
4520 Madison, Suite 300
Kansas City, MO 64111
Legal Description: See Exhibit A attached hereto
Reference Book and Page(s): N/A
THIS STORMWATER DETENTION WAIVER AGREEMENT is made as of April ___, 2017 (“Effective Date”), by and between The City of Lawrence, Kansas, a municipal corporation (the “City”), and HL Lawrence LLC, a Kansas limited liability company (together with its successors and assigns, as owners of the Property, the “Owner”).
WHEREAS, Owner is the fee simple owner of the real property legally described in Exhibit A attached hereto and incorporated herein by reference (“Property”);
WHEREAS, City is a Kansas municipal corporation, and the Property lies within the municipal boundaries of the City;
WHEREAS, in exchange for Owner’s grant of a certain easement to City concurrently herewith without just compensation, City desires to grant the waiver set forth herein;
NOW, THEREFORE, in consideration of the covenants contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows:
1. Concurrently herewith, Owner has granted to City that certain easement for sewer facilities over, under and across the Property.
2. In consideration thereof, in connection with any future redevelopment or new development on the Property, including, without limitation, any subdivision or replat thereof and/or any development of any outparcel improvements thereon and/or redevelopment or demolition and reconstruction of the existing improvements thereon, City hereby agrees not to require Owner or any tenant or user of the Property to comply with any additional storm water detention facility requirements and/or drainage study requirements (as may be set out in the City of Lawrence, Kansas Stormwater Management Criteria dated February 1996, as may be amended, supplemented or modified from time to time, or otherwise), beyond any such facilities as currently exist on the Property as of the Effective Date. The foregoing waiver is irrevocable and perpetual and cannot be amended, terminated or modified except by an agreement in writing executed by both City and Owner.
3. This Agreement hereby runs with the land and is binding upon the parties’ respective successors and assigns.
4. Each of the parties represents and warrants to the other that this Agreement has been duly authorized by all necessary action by such party, the person executing this Agreement has authority to execute this Agreement and bind such party, and this Agreement shall be binding on and enforceable against such party and such party’s successors and assigns.
[signatures on the next page]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the date and year first above written.
GRANTOR:
The City of Lawrence, Kansas,
a municipal corporation
Attest:
By: ________________________ By: ___________________________
Name: _____________________ Name: ________________________
Title: Mayor Title: Clerk
STATE OF _________________ )
) ss
COUNTY OF _______________ )
Before, the undersigned, a Notary Public in and for said county and state, this ______ day of ____________, 2017, personally appeared _____________, as Mayor, and ________________, as Clerk, respectively, of the City of Lawrence, Kansas, personally known to me to be the persons who executed the foregoing Agreement in writing and being first duly sworn, acknowledged the execution of the same as a voluntary act for the uses and purposes therein set forth with full knowledge of its content and effect. Witness my hand and seal on the date above written.
______________________________
Notary Public
My commission expires:
____________________ Print Name: ______________________
HL Lawrence LLC
By: _____________________________
Randi Lefko, Manager
STATE OF ________________ )
) ss.
COUNTY OF ______________ )
On this ___ day of ___________, 2017, before me, a Notary Public in and for said State, personally appeared Randi Lefko as Manager of HL Lawrence LLC, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in his authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
In Witness Whereof, I have hereunto set my hand and affixed my official seal the day and year first above written.
______________________________
Notary Public
My commission expires:
Print Name: ____________________
____________________
Legal Description of Grantee Parcel