Memorandum

City of Lawrence

City Attorney’s Office

TO:	David L. Corliss, City Manager
FROM:	Toni Wheeler, City Attorney
DATE:	May 14, 2014
RE:	900 New Hampshire, L.L.C. First Amended Mutual Easement Agreement

Background

In late 2000, the City of Lawrence (City) entered into a Mutual Easement Agreement with 9-10, L.C., a Kansas limited liability company (“9-10 L.C.”) (Exhibit “A”). The Agreement granted the City an easement over the South four feet of Lot 78—land that was owned by 9-10 L.C.—for the purpose of maintaining all or part of the foundation perimeter drainage system of the Lawrence Arts Center Building, which was built on a City-owned lot adjacent to Lot 78. Since that time, 9-10, L.C.’s lots have been sold to the current title holder, 900 New Hampshire, LLC (“900 New Hampshire”).

Project Description

Currently, 900 New Hampshire is constructing a high-rise hotel that will include retail space and underground parking. Its construction plans provide that the hotel’s South wall will be ten feet away from the North wall of the Lawrence Arts Center’s building, but the plans do not provide for access to the wall piers and drainage system related to the City’s four foot easement. The First Amended Mutual Easement Agreement (Amended Agreement) proposes to permanently grant and convey to the City the right of entry upon all ten feet separating the two buildings for the purpose of maintaining, repairing, or replacing the previously installed drainage system and wall piers.

The Amended Agreement requires 900 New Hampshire to carefully construct, maintain, and control a patio and passageway over the ten feet of space between the hotel and the Arts Center, which will cover the South four feet and provide continued access. The Amended Agreement requires 900 New Hampshire to hire and consult with a licensed structural engineer for the project, and states that the construction’s specifications must be approved by the City before any construction begins.  The City has the right to disapprove at any time the means and method of filling and applying the surface cover. 900 New Hampshire will be responsible for continuing maintenance of the new construction, but if the City ever needs to perform maintenance, including repairing or replacing the perimeter drainage system or any of the wall piers, the City will be responsible for covering any damaged or removed improvements as long as the damage or removal is actually caused by the City.

The First Amended Mutual Easement Agreement has been signed by the president of 900 New Hampshire, L.L.C., Charles Mackey.

Action

Authorize the Mayor to execute the First Amended Mutual Easement Agreement with 900 New Hampshire, L.L.C.