AGREEMENT
This Agreement (the “Agreement”), dated as of , is made and entered into by and between the BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS (the “County”), and the CITY OF LAWRENCE, KANSAS (the City”).
RECITALS
1. Whereas, the County and City have a history of working cooperatively to achieve job growth in excess of population growth, to increase the share of the tax base coming from non-residential growth, and to increase career opportunities by attracting high-skilled jobs in expanding industries in the City and County;
2. Whereas, the City, in furtherance of the City’s economic development goals, acquired the former Farmland Industries nitrogen fertilizer production plant in 2010, for the purpose of adding land for industrial and business park expansion within the city limits. The County approved the annexation of the land into the City, and has been supportive of the City’s efforts to acquire and prepare the site for industrial redevelopment;
3. Whereas, the City intends to make certain internal improvements to the former Farmland property, including the construction of streets from the intersection of K-10 north to the intersection of an east/west road including and east/west road approximately 700 feet west of the intersection and approximately 5000 feet east to Greenway Circle. Said street improvements shall include property acquisition, bicycle facilities, sidewalks on both sides, subgrade stabilization, stormwater improvements, and waterlines within the public right-of-way. Further, the City intends to construct sanitary sewer improvements in the former Farmland property, including property acquisition, excavation, installing sewer mains, manholes and other necessary and appropriate improvements (the Improvements);
4. Whereas, the Governing Body of the City is authorized to make, or cause to be made, improvements which confer a special benefit upon property within a definable area of the City and may levy and collect special assessments upon property in the area deemed by the City’s Governing Body to be benefited by such improvement for payment of all or any part of the cost of the improvements pursuant to K.S.A. 12-6a01 et seq.;
5. Whereas, on February 19, 2013, the Governing Body of the City made the necessary findings by Resolution Nos. 7006 and 7007, as to the advisability of the Improvements, the nature of the Improvements, the estimated cost thereof, the boundaries of the improvement district, and the method of assessment and apportionment of costs, if any, between the improvement district and the city at large, all in accordance with K.S.A. 12-6a01 et seq;. A copy of Resolution Nos. 7006 and 7007 are attached hereto as Exhibit A and incorporated herein by reference as if fully set forth; and
6. Whereas, as soon as the total cost of the Improvements is determined, the City’s Governing Body shall cause the assessments against each lot, piece or parcel of land deemed to be benefited, to be determined in the manner set forth in Resolution Nos. 7006 and 7007; and
7. Whereas, the County and the City wish to enter into this Agreement pursuant to K.S.A. 12-2908 to provide for the making of the Improvements by the City and the deferral and payment of the County’s special assessments for the Improvements.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties agree as follows:
1. The recitals set forth above are incorporated herein by reference.
2. The City will contract for the design and construction of the Improvements, and shall pay for the design and construction of the Improvements from City funds. The Improvements shall be the property of the City, and the City will maintain the Improvements.
3. The County’s assessments against each lot, piece or parcel of land owned entirely or in part by the County for the cost of the Improvements in the improvement district, levied in accordance with Resolution No. _______, shall be deferred until such time as the County’s lots are sold or transferred. At the closing of any such sale of a lot(s), piece or parcel of land by the County, the County shall pay the full amount of the County’s assessments for the lot, piece or parcel of land that is being sold, unless the City and County otherwise agree in writing.
4. If the City and County mutually agree that it is in the best interests of the City and County and it furthers economic development in the City and/or County, for the County to transfer a lot or lots, piece or parcel of land in the Improvement District by donation or below the fair market value of the land, the City may, if the City’s Governing Body acts to do so, waive all or part of the special assessments for the lot, piece or parcel of land that is being transferred.
5. If at any time this Agreement is in effect and before the County’s assessments have been fully paid, or otherwise waived or reduced as provided herein, the County uses a lot piece or parcel of land within the Improvement District for the County’s purposes, or any other purpose that does not further the economic development interests of the City and/or County, the County shall be responsible and shall pay the special assessments upon commencement of the use.
6. The duration of this Agreement shall remain in full force and effect unless terminated, amended or modified in writing by both the County and the City, or until the special assessments levied in accordance with Resolution Nos. 7006 and 7001 on each lot, piece or parcel of the land in the improvement district are fully paid, waived or reduced pursuant to the terms of this Agreement, whichever occurs first.
7. This Agreement constitutes the complete and final understanding of both the County and the City with respect to the making of the Improvements and the sharing of the cost thereof.
IN WITNESS WHEREOF, the County and the City have each caused this Agreement to be executed by its duly authorized officials.
THE BOARD OF COUNTY COMMISSIONERS
OF DOUGLAS COUNTY, KANSAS
By _____________________________
Mike Gaughan, Chairperson
(SEAL)
ATTEST:
____________________
Jameson D. Shew, County Clerk
THE CITY OF LAWRENCE, KANSAS
By ___________________________
Robert J. Schumm, Mayor
(SEAL)
ATTEST:
_____________________
Jonathan M. Douglass, City Clerk