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4319 Sunset Plaza Community Improvement District City Clerk's Office Filed PETITION TO ESTABLISH THE SUNSET PLAZA COMMUNITY IMPROVEMENT DISTRICT 1 Linn ALL—AMERICA CITY 1989 July 15, 2009 City of Salina, Kansas Submitted by: Charles Renner,Esq. Husch Blackwell Sanders LLP 4801 Main St., Ste. 1000 Kansas City,MO 64112 816-983-8000 816-983-8080 Fax Charles.Renner @HuschBlackwell.com KCD-1053505-1 PETITION TO ESTABLISH THE SUNSET PLAZA COMMUNITY IMPROVEMENT DISTRICT This petition ("Petition") is submitted in accordance with the Community Improvement District Act, Sections 2 through 12, K.S.A 2008 Supp. 74-50,115, as may be amended (the "Act"), by those persons and entities whose signatures appear below (the "Petitioners"), who request that the City Commission of the City of Salina, Kansas (the "City Commission") establish a community improvement district (the "District") in the City of Salina, Saline County, Kansas (the"City") in accordance with this Petition. I. DESCRIPTION OF THE DISTRICT A. Name of District The name of the District shall be the Sunset Plaza Community Improvement District. B. Legal Description The District includes all of the real property (the "District Land") legally described on Exhibit A ("District Legal Description") annexed to and made an integral part of this Petition. C. Boundary Map A map graphically portraying the boundaries of the District is annexed to and made an integral part of this Petition as Exhibit B ("District Boundary Map"). II. PURPOSE OF DISTRICT The District is being formed for the purpose of financing of all eligible Costs (as defined by the Act) incurred in planning and doing any Project (as defined by the Act). III. PETITIONER Petitioner: A. Owns more than fifty five percent(55%) of the District Land; and B. Owns more than fifty five percent(55%)by assessed value of the District Land. IV. BUDGET The estimated initial costs of the Projects are shown on Exhibit C (`Budget") annexed to and made an integral part of this Petition. KCD-1053505-1 V. PAY-AS-YOU-GO FINANCING The District shall utilize "pay-as-you-go financing", as defined by the Act, secured by a community improvement district sales tax to finance the Projects. Petitioner may undertake any one or more Projects at any time, provided sufficient community improvement district sales tax revenue has been collected within the District to fund such Projects. VI. DISTRICT SALES TAX Petitioners request the City to authorize the levy of a community improvement district sales tax in an amount, not to exceed one percent (1.0%), upon all eligible retail sales and the rendering or furnishing of services taxable pursuant Sections 12-187 through 12-197, of the Kansas Statutes Annotated, and amendments thereto, within the District (the "District Sales Tax"). The District Sales Tax shall be administered, collected and subject to the provisions of Sections 12-187 through 12-197, of the Kansas Statutes Annotated, and amendments thereto. VII. LIFE OF DISTRICT The District shall exist and function until the earliest to occur of (a) the reimbursement of all Project costs pursuant to "pay-as-you-go financing" or(b) or twenty-two (22) years from the date the State Director of Taxation begins collecting the District Sales Tax. VIII. REQUEST TO ESTABLISH DISTRICT By execution and submission of this Petition, the Petitioners request that the City Commission establish the District as set forth in this Petition. IX. NOTICE TO PETITIONERS The signatures of Petitioners signing this Petition may not be withdrawn later than seven (7) days after this Petition is filed with the City Clerk. Any real property owner within the District, who is exempt from taxation that signs this Petition in support of the creation of the District will not be obligated to pay the assessment rate stated in this Petition. X. SEVERABILITY If any provision of this Petition shall be held or determined to be invalid, inoperative or unenforceable as applied in any particular case, or in all cases, because it conflicts with any other provision or provisions of this Petition or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision contained in this Petition invalid, inoperative or unenforceable to any extent whatsoever. [Remainder of Page Intentionally Left Blank] KCD-1053505-1 2 IN WITNESS WHEREOF, we the undersigned petitioners have executed the foregoing Petition to create The Sunset Plaza Community Improvement District at the dates recorded below: Sunset Plaza Acquisition, LLC By: IN Title: MLIQ04"' Date: 7� /09 STATE OF ) SS. COUNTY OF ) On this day of , 2009, before me appeared -, N I U e , to me personally known, w o, being by me duly sworn did say that he/she is a membe of Sunset Plaza Acquisition, LLC, a Kansas limited liability company and that the foregoing instrument was signed in behalf of said company, and said member acknowledged said instrument to be the free act and deed of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the City and State aforesaid, the day and year first above written. 0 Mk 't�A_ N Public t My Commission Expires: -- o,, KEEN DIANN IEOCH!���' 1 3c)— ^ ( ( -'.,o�egy. NOTOfy ub110, co r1; Mssci: sE" CommlaslOn# b1 b;n '�� �,`. My CommWkn Expires jti:y 90,21 I KCD-1053505-1 3 EXHIBIT A DISTRICT LEGAL DESCRIPTION A tract of land in the Northwest Quarter of Section 23,Township 14 South, Range 3 West of the 6tt' P.M., being a part of Lot 16 Blk. 6, Replat of Part of Block 2 and Part of Block 6, Sunset Manor Addition to the City of Salina, Saline County, Kansas more particularly described as follows: Beginning at the Northwest comer of said Lot 16, Block 6; thence N 89°58154" E along the North line of said Lot 16, Blk. 6 also being the South right-of-way line of West Crawford Avenue, 166.68 feet, thence S 01 000'44"W, 206.54 feet; thence S 89 058'54"W, 166.68 feet to a.point on'the West line of said Lot 16, Blk. 6 also being the EastAght-of-way line of South Broadway Blvd.; thence N 01 1200'44"E along said East right-of-way line of South Broadway Blvd., 206.54 feet to the Point of beginning, containing 34,419.33 sq. ft. Tract II: Easements for the benefit of Tract I as created by a Memorandum of Lease dated August 9,2004, recorded October 14, 2004,in Book X090, Page 204,for parking,Ingress, egress, utilities and storm sewer line over,under and across the land described as follows: '/All of Lot 16,Block 6, Replat of Part of Block 2 and Part of Block 6,sunset Manor Addition to the City of Salina,Saline County, Kansas, LESS AND EXCEPT the following: Part of Lot 16 Block 6,Replat of Part of Blodc 2 and Part of Block 6, Sunset Manor Addition to the City of Salina,Sailne County, Kansas more particularly described as follows: Beginning at-the Northwest comer of said Lot 16,Block 6;Thence N 89 degrees 58'54"E along the North line of said Lot 16, Block 6 jiIso being the South right-of-way line of West Crawford Avenue, 166.68 feet;thence S 01 degrees 00'44"W,206.54 feet;thence S 89 degrees 58'54"W, 166.68 feet to a point on-the West line of said Lot 16, Block 6 also being the East right-of-way line of South Broadway Blvd., thence N 01 degrees 00'-44" E along said East right-of-way line of South Broadway Blvd,,206.54 feet to the Point of Beginning.Subject to the terms, provisions, limitations and conditions set forth In said Instrument. 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AWegrrr.arls R upu.raa uaelaai rmeyorrw� I 0.ena Y•tue 110•�.�avw by I 10yuirulfawtP Oa N.ln.�r�w u�ab tea le�� `I MII�r sApWS�f f0 I 1aav�Aa5e0 pau dMe: 9M1M Fyaaa06�dc) LL'm:MemPrnp•eabaloeaa..m CM1m}d By: i0. Sbnldl EXHIBIT C BUDGET Income Sales Tax (1%) $9,161,034 Developer Contribution $ 3,103,886 Total Income $12,264,920 Expenses Capital Improvements $4,873,000 Common Area Improvements $2,119,571 Security $1,485,736 Landscaping $230,981 Maintenance $3,168,343 Advertising/Marketing $264,000 Professional Services $123,290 Total Expenses $12,264,920 KCD-1053505-1 r� Mar. 3. 2009 12:51PM SALINE COUNTY TREASURERS OFFICE No-7322 P. 1/1 :4008 Keat Estate wax Statement IF 1455 Bank 18 Tax ID 2008 1-08523 SALINE COUNTY TREASURER instructions 300 WEST ASH, RM 214 REAL ESTATE: 1ST RALF DELINQUENT PO BOX 5040 12/23/08. c SALINA, KS 67402-5040 R 785-309-5860 PERSONAL PROPERTY: BECOMES DUE IN o" FULL IF 1ST HALF NOT PAID BY 12/22. m a , n SECOND HALF DUE 5/11/09. PLACE ENCLOSED STICKER ON YOUR II I r l 11r I 1 II 11111 I r1111 1 f ICALE A AS A REMINDER. ° SUNSET PLAZA ACQUISITION LLC Property Description 5 t FIRST AMERICAN COMMERCIAL RE SERVICES Tax Unit 001 CLLY-SALINA CITY USD 305 PO BOX 167928 LAMA: 056-23-0-20-01-001.00-1 IRVING TX 75016-7928 SUNSET MANOR REaL SLK 2-6 S23 T14 R3 • LT 16 LESS W 110 OF N 175 INC IMP LSD GRND - ATM SUNFLOWER _ Prop Adds: 1201 W CRAWFORD AVE 67401 K ABOUT A MONTHLY PAYMENT PLAN. sac-23 Twrp-14 Rng-03 Acre4-7 10 frotal Tax ti 87,704.20 Subd-SUNSET MANOR ADD REPL BLF. 2-6 'Ilaid as of 12/08/2006 43,852.10 I3ue 05/11/2009 43,852.10 PAYMENT INS TIONS ON BACK. ssessments Tax Year 2008 2007 Change lass Land Impry Total Tax Value value t OMM URBAN 230,708 462,326 101,034 67,704.20 002,959 99,925- 12.4- 1 8 I{P Z.Z( l S 2-ci i 1 To"I 240,706 462,326 703,034 87,704.20 -802,959 99,925- 12.4- Your Levies Taxes 2008 Levy 2008 Tax 2007 Levy SChg 2007 Tax Chang. 6 t .1JSD "sob GENERAL 20.000 14,060.68 20.000, 16,059.18 1,998 50- 12.4- . USD 305 OTHER 26.339 18.517.11 22.761 1S.7 18,276 15 241.06 1 3 IISD 305 BOND & TNT 12 208 8,582.64 12 229 2- 51819.39 1,236 75- 12.6- GT)VIE 1.500 11054.55 1 SOD 1.204 44 149.89- 12 4- -=AL:N^e COUNTY 29 347 20,631.94 27.435 1 0 22.029.18 1,397 24- 6.3- PALIUA 25,086 16,198.74 23.959 8.0 19,238 10 1,039.76- 5.4- FF FORT AUTHORITY 2.077 2,022.63 2 877 :1710 =1 267 46- '-2 4 RlIBLIC LIBRARY 5.419 3,809.74 5.242 3.4 4,209 Ll 399.37- 9 5- _ 6.NSTON DIST R3 1 175 836.07 11156 1.6 929.22 102 15- 11-0- 1 t i1'oca1 124-751 87,704.20 117.159 6.5 94,073.88 6.369,68- 6.8- ax Revenue 2008 Revenue 2007 Revenue $ Chg t Chg !TSD 305 -^.£VIRAL 7,629,62S 1,68S,702 143.923 1 9 1`80 105 OTHER 11,344.SOS 9.632,861 1.711,644 17.8 u5D 305 80110 C IUT 5.258,123 5.175,530 82,593 1 5 'TATR 790,019 779,281 10,738 1 4 (SALINE COUNTY , 1S,456,461 14,253,053 1,203,408 8 4 .�ALINA 1a,369.067 9,423,336 945.149 10 0 kIRPORT AUTHORITY 1,152,432 1,131,555 20,877 1.8 �UBLIC LIBRARY 2,170.614 2,061.736 108,936 5.3 �XTENSION DIST #3 618,040 600,566 18,282 3.0 I .vocal 54,989,774 50.743,622 4,246,152 8.4 Please remit appropriate payment stub with payment gAT,TNF. ('01T1JTV I I i Feb• 2. 2009 3:33PM SALINE CO RS OFFICE No-70S7 P. 1 11700/62113 SALINE COUNTY TREASURER 12/15/2.008 13758 2008 Real Estate Tax Receipt # 13758 1 OF 1 ' TAX ID 2008 1-08526 DAILYT Property: SUNSET MANOR REPL ELK 2-6, S23, T14, R3, Amount received: 14,422.53 W 110 ' OF N 175' LOT 16 BLK 6 Pros Addr: 701 S BROADWAY BLVD 67401 Real Bstate tax: 14,422.53 TaX Unit 001 Subd-SUNSET MANOR ADD REPL ELK 2-6 Sec-23 Twp-14 Rng-03 Acres-.44 Due 05/11/2009: 14,422.53 SUNSET PLAZA. ACQUISITION LLC PO BOX 182571 COLUMBUS OH 43218-2571 Y RESOLUTION NUMBER A RESOLUTION TO PROVIDE NOTICE OF A PUBLIC HEARING ON THE ADVISABILITY OF CREATING THE SUNSET PLAZA COMMUNITY IMPROVEMENT DISTRICT WHEREAS, Sections 2 through 12, K.S.A 2008 Supp. 74-50,115 , as may be amended(the"CID Act"), authorize the governing body of any municipality to adopt an ordinance establishing a community improvement district after receipt of a proper petition and holding a public hearing thereon; and WHEREAS, on July 10, 2009, the Petition to Establish the Sunset Plaza Community Improvement District (the "Petition") was filed with the City Clerk (the "City Clerk") of the City of Salina, Kansas (the "City"); and, WHEREAS, on [ ], the City Clerk verified that the Petition substantially complied with the CID Act and submitted the verified Petition to the Board of Commissioners of the City(the"Board of Commissioners"); and WHEREAS, the petitioners request the formation of a community improvement district for the purpose of financing project costs eligible for reimbursement pursuant to the Act("Projects")within the District; and WHEREAS, the cost of the Projects is estimated to be $ 12,264,920 over the life of the district; and WHEREAS, the petitioners propose financing the eligible Project costs without notes or bonds, through pay-as-you-go financing; and WHEREAS, the petitioners propose levying a one-percent (1.0%) community improvement district sales tax on retail sales within the district; and WHEREAS, a boundary map of the proposed District is attached hereto as Exhibit A; and WHEREAS, the legal description of the proposed district is attached hereto as Exhibit B; and WHEREAS, pursuant to the Act, on August 10, 2009, the Board of Commissioners will hold a public hearing on the advisability of creating or modifying the proposed Sunset Plaza Community Improvement District. NOW THEREFORE BE IT RESOLVED,by the Board of Commissioners of the City of Salina, Kansas: KCD-1056550-1 1. That the City Commission shall hold a public hearing on the advisability of creating the Sunset Plaza Community Improvement District on Salina, Kansas on the 10th day of August, 2009 at 4:00 p.m., in Room 107 of the City-County Building located at 300 West Ash, Salina, Kansas. 2. That the City Clerk shall cause notice of the public hearing to be published at least once each week for two consecutive weeks, with the second publication occurring at least seven days prior to the hearing, in the newspaper. 3. That the City Clerk shall cause notice of the public hearing to be sent by certified mail to all owners within the proposed district at least ten days prior to the hearing. 4. That this resolution shall be in full force and effect from and after its adoption. Adopted by the Board of Commissioners and signed by the Mayor this day of July, 2009. M. Luci Larson, Mayor (SEAL) ATTEST: Lieu Ann Elsey, CMC, City Clerk KCD-1056550-1 EXHIBIT A BOUNDARY MAP KCD-1056550-1 EXHIBIT B LEGAL DESCRIPTION A tract of land In the Northwest Quarter of Section 23,Township 14 South, Range 3 West of the e P.M., being a part of Lot 16 Blk. 6, Replat of Part of Block 2 and Part of Block 6, Sunset Manor Addition to the City of Salina_ , Saline County, Kansas more-particularly described as follows: Beginning at the Northwest corner of.said Lot 16, Block 6; thence N 89 1158154" E along the North line of said Lot 16, Bik. 6 also being the South right-of-way line of West Crawford Avenue, 166.68 feet; thence S 01°00'44"W, 206.54 feet; thence S 89068'64"W. 166.68 feet to a.point on'the West line of said Lot 16, Blk. 6 also being the East'right-of-way line of South Broadway Blvd.; thence N 01 00044"E along said East right-of-way line of South Broadway Blvd., 206.54 feet to the Point of beginning, containing 34,419.33 sq. ft. Tract II: Easements for the benefit of Tract I as created by a Memorandum of Lease dated August 9,2004, recorded October 14, 2004,in Book X090,Page 204,for parking,Ingress,egress, utilities and storm sewer line over,under and across the land described as follows: '' All of Lot 16,-Block 6, Replat of Part of Block 2 and Part of Block 6,sunset Manor Addition to the City of Salina,Saline County, Kansas, LESS AND EXCEPT the following: Part of trot 16 Block 6,Replat of Part of Block 2 and Part of Block 6, Sunset Manor Addition to the City of Salina,Saline County,Kansas more particularly described as follows: Beginning at the Northwest comer of said Lot 1-6,Block 6;Thence N 89 degrees 58' 54°E along the North line of said Lot 16, Block 6 also being the South right-of-way line of West Crawford Avenue, 166.68 feet;thence S 01 degrees 00'44"W,206.54 feet;thence S 89 degrees 58'54"W, 166.68 feet to a point on-the West line of said Lot 16, Block 6 also being the East right-of--way line of South Broadway Blvd., thence N 01 degrees 00'.44"E along said East right-of-way line of South Broadway Blvd.,206.64 feet to the Point of Beginning.Subject to the terms, provisions, limitations and coriditlons set forth in said instrument, KCD-1056550-1 HUSCHBLACKWELL Charles G. Renner Attorney SANDERS L L P 4801 Main Street,Suite 1000 Kansas City,MO 64112 816.329.4702 fax:816.983.8080 charies.renner@huschblackwelf.com July 15, 2009 VIA FEDERAL EXPRESS Lieu Ann Elsey, City Clerk City of Salina, Kansas City/County Building 300 W. Ash St. Salina, KS 67401 Re: The Sunset Plaza Community Improvement District Dear Ms. Elsey: In accordance with the Community Improvement District Act, Sections 2 to 12, inclusive, K.S.A. 2008 Supp. 74-50, 115 (the "Act") we are delivering to you a Petition(the "Petition")to Establish the Sunset Plaza Community Improvement District (the "District"). Upon filing of the Petition, the Board of Commissioners of the City of Salina is to adopt a resolution to give notice of a public hearing on the advisability of creating the District in accordance with Section 5 of the Act. Notices of the public hearing required to be mailed pursuant to Section 5 of the Act, must be sent by certified mail to all owners in the district at least ten (10) days prior to the public hearing. In addition, notice by publication must appear in a newspaper of general circulation within the City of Salina once a week for two consecutive weeks prior to the week of the public hearing. The second publication shall occur at least seven days prior to the date of the public hearing. We have prepared these notices and they are enclosed herein. As required by Section 5 of the Act, the enclosed Petition has been signed by property owners collectively owning more than 55%by assessed value of the real property within the boundaries of the proposed district and has been signed by property owners collectively owning more than 55% of the land area within the District. Based on the 2008 assessment the total assessed value of all land within the boundaries of the proposed district is $703,034.00. The KCD-1057095-1 HUSCHBLACKWELL SANDERS LLP taxable assessed value of the land owned by the real property owners who have signed the Petition is $703,034.00. Regarding ownership of real property per capita, we understand that there is one entity that owns all of the real property within the boundaries of the proposed district. The Petition has been signed by the authorized representatives of the sole owners of real property within the District. Please call us if we can provide any information or answer any questions for you in connection with your review of the enclosed Petition. Sincerely yours, HUSCH BLACKWELL SANDERS, LLP Charles G. Renner For the Firm CGR\j sm Enclosures cc: Greg Bengston, Esq. Clark, Mize & Linville, Chartered 129 S. Eighth - P.O. Box 380 Salina, KS 67402-0380 KCD-1057095-1