AMENDMENT TO NINTH & NEW HAMPSHIRE TAX INCREMENT FINANCING DISTRICT

REDEVELOPMENT AGREEMENT FOR THE SOUTH PROJECT AREA

THIS AMENDMENT to the Ninth and New Hampshire Tax Increment Financing District Redevelopment Agreement for the South Project Area dated November 30, 2012 (the original agreement is hereby referred to as the “Original Agreement for South Project Area”) is entered into by and between the CITY OF LAWRENCE, KANSAS, a municipal corporation duly organized and existing under the laws of the State of Kansas as a city of the first class (the “City”), and 900 NEW HAMPSHIRE, LLC, a limited liability company organized and existing under the laws of the State of Kansas (the “Developer,” and together with the City, the “Parties”), and is dated as of May __, 2013.

RECITALS

            WHEREAS, on August 7, 2012, the City created the Ninth & New Hampshire Tax Increment Financing Redevelopment District (the “Redevelopment District”) pursuant to K.S.A. 12-1770 et seq. (the “Act”) and Ordinance No. 8768 of the City (the “Redevelopment District Ordinance”); and

WHEREAS, the Redevelopment District consists of approximately 6.06 acres generally located from 10^th Street on the South, on the west by New Hampshire Street, on the east by the alleyway that runs between the block between New Hampshire Street and Rhode Island Street, and on the north by the boundary between the city-owned parking lot located mid-block between New Hampshire Street and Rhode Island Street, in the City of Lawrence, Douglas County, Kansas, and is legally described on Exhibit A attached hereto; and

WHEREAS, pursuant to the Redevelopment District Ordinance, the Redevelopment District consists of two redevelopment project areas, a North Project Area and a South Project Area as legally described on Exhibit A attached hereto.;

WHEREAS, on or about December, 2012, the parties executed the Original Agreement for the South Project Area that contained a limitation in Section  3.02 A. of $3,500,000 for overall costs eligible to be reimbursed by the City of Lawrence, and

WHEREAS, the Developer and the City desire to amend the Original Agreement for the South Project Area to increase the amount set forth in Section 3.02 A. and C. from $3,500,000 to $4,000,000.

            NOW, THEREFORE, in consideration of the foregoing, and of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:           

AGREEMENT

            1.         The representations, covenants and recitations set forth in the foregoing recitals are material to this Agreement and are hereby incorporated into and made a part of this Agreement as though they were fully set forth in this Section.  The provisions of the South Project Plan, and such resolutions and ordinances of the City introduced or adopted by the City Commission which designate the Redevelopment District and the South Project Area and adopt the South Project Plan, and the provisions of the Act, as amended, are hereby incorporated herein by reference and made a part of this Agreement, subject in every case to the specific terms hereof.

2.         Section 3.02 A. and C. of the Original Agreement for the South Project Area is hereby amended to change $3,500,000 to $4,000,000.

            3.         Except as otherwise amended by this agreement, all other terms, conditions, and restrictions set for the Original Agreement for the South Project Plan shall remain the same.

4.         This Amendment may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same agreement.

5.         The Parties agree to execute and deliver an original of this Amendment, in proper form for recording and/or indexing in the appropriate land or governmental records, including, but not limited to, recording in the real estate records of Douglas County, Kansas.  This Agreement shall be recorded by the Developer, and proof of recording shall be provided to the City.

THIS AGREEMENT has been executed as of the date first hereinabove written.

CITY OF LAWRENCE, KANSAS

                                                                        By:  ________________________________

                                                                                            Michael Dever, Mayor

(SEAL)

ATTEST:

___________________________________

               Jonathan Douglass, City Clerk

ACKNOWLEDGMENT

STATE OF KANSAS              )

                                                ) SS.

COUNTY OF DOUGLAS )

            On Mayl __, 2013, before me, the undersigned, a Notary Public in and for said state, personally appeared _______________________ and Jonathan Douglas, proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument as Mayor and City Clerk, respectively, of the CITY OF LAWRENCE, KANSAS, the city of the first class therein named, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument.

            WITNESS my hand and official seal.

                                                                        ____________________________________

                                                                                                   Notary Public

My commission expires:

THIS AGREEMENT has been executed as of the date first hereinabove written.

                                                                    900 NEW HAMPSHIRE, LLC

                                                                    By: 900 NH, Inc.,  Manager        

                                                                    By

                                                                              Charles E, Mackey, President                                           

ACKNOWLEDGMENT

STATE OF KANSAS              )

                                                ) SS.

COUNTY OF JOHNSON        )

            On May __, 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Charles E. Mackey, President of 900 NH, Inc., who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument as the manager of  900 NEW HAMPSHIRE, LLC and acknowledged to me that he executed the same in his authorized capacities, and that by such person’s signature on the instrument the entity upon behalf of which the person acted, executed the instrument.

            WITNESS my hand and official seal.

                                                                        ____________________________________

                                                                                                   Notary Public

My commission expires:

____________________

EXHIBIT A

LEGAL DESCRIPTION AND MAP OF REDEVELOPMENT DISTRICT

North Project Area

Lots 60, 62, 64, 66, and 68 New Hampshire Street, and Lot 61 Rhode Island Street, City of Lawrence, Douglas County, Kansas and adjacent right-of-way of alley to the east, and adjacent right-of-way of New Hampshire Street to the west and extending north from northern boundary of the project area through the 8^th Street intersection.

South Project Area

Lots 70, 72, 74, 76, 78, 80, 82, 84, 86, 88, 90, and 92 New Hampshire Street, City of Lawrence, Douglas County, Kansas, and adjacent right-of-way of alley to the east, adjacent right-of-way of 9th Street to the north, extending approximately 100 feet west from the 9th and New Hampshire Street intersection, and adjacent right-of-way of New Hampshire Street to the west, extending south from 9th Street through the 10th Street intersection.