4094 Bridge Country Oak Estates
NOT WRITE IN THIS SPACE
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PE~~TlON NUMBER
FILED
'95 FEB 3 Ar111 01
FILED
TO: THE GOVERNING BODY
City of Salina, Kansas
CITY OF SAUNA, KS
CITY CLERK'S OFFICE
CITY OF SALINA. K$
CITY CLERK'S OFFICE
(A) We, the undersigned. being owners of record of property liable for assessment for the following improvements:
The construction of a timber pedestrian span bridge and approach paths over the Drv
Creek Channel to serve Lots 1 through 13, Block 1, Country Oak Estates: Lots 1 through 20.
Block 2,. Country Oak Estates: Lots 1 through 9, Block3.Countrv Oak Estates: Lots 1
through 13, Block 5. Country Oak Estates:. Lots 4 through 13. Block 1. Replat of Countrv
Oak Estates; Lots 1 through 6, Block 2, Replat of Country Oak Estates to the Citvof
Salina~ Kansas.
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hereby propose that such improvement be made in the manner provided by Article Ga, Chapter 12 of the Kansas
Statutes Annotated, as amended.
(B) The estimate or probable cost of. such improvement is
Two and 10/100 Dollars
Thirtv Five Thousand Eight Hundred Twenty
($ 35.822.10
(C) The extent of the proposed improvement district to be assessed as indicated on the attached plat and is
described as follows: Lots 1 through 13, Block 1, Country Oak Estates; Lots 1 throUf!:h 20.
Block 2, Country Oak Estates; Lots 1 through 9, Block 3, Country Oak Estates: Lots 1
through 13, Block 5, Country Oak Estates: Lots 4 through 13. Block 1. ReplHt of r.ol1ntry
Oak Estates; Lots 1 through 6, Block 2, Replat of Countrv Oak Estates to tnf' City of
Salina, Kansas
(D) The proposed method of assessment is: Based upon an equal assessment per lot of 1 Hnd Hnd
without regard to buildings or improvements of the land.
(E) The proposed apportionment of costs between the improvement district and the City-at-large is:
One Hundred percent ( 100 III) to be assessed against the improvement district and
Zero percent ( 0 III) to be assessed against the City-at-large.
(F) We further propose that such improvement be made without notice and hearing as required by K.S.A. 12-6aO4(1)
as amended.
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* No name may be withdrawn from this petition after the Governing Body commences consideration *
* of the petition or later than seven (7) days after this petition has been filed with the City Clerk *
* (K.S.A. 12-GaO4) *
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Respectfully submitted by
Monty Montee
Telephone Number
827....3469
(JP~
Residence
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Date & Time Property owned wi thin the
of Signing proposed Improvement District
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AGREEMENT FOR CONSTRUCTION OF PEDESTRIAN BRIDGE:
This Agreement is entered into this I st day of March, 1995, by and between the City of
Salina, Kansas (the "City"), and Country Oak Development Corporation, a Kansas corporatiòn,
("CODC").
RECITALS
(A) As a condition of the development of Country Oak Estates Addition (the
"Addition"), CO DC was required to constmct a pedestrian bridge and approach paths (the
"Project") over the Dry Creek Channel as it traverses the Addition.
(ß) At the request of CODC, the City has consented to the issuance of additional
building permits for lots in the Addition pending satisfactory completion of the Project on the
condition that CODC enter this Agreement providing for completion of the Project and securing
CODC's performance by the issuance of a Letter of Credit in favor of the City in the amount of
Thirty-five Thousand Eight Hundred Twenty-two and 10/100 Dollars ($35,822.10).
It is, therefore, agreed by the parties:
(I). Completion of the Proiect. CODC agrees that it shall complete the Project in
accordance with the City-approved plans prepared by CODC's consulting engineers, Earles and
Riggs, dated August 1994. CODC agl .es it shall promptly commence work on the Project and
shall complete the Project no later than June I, 1995.
(2). Letter of Credit. CODC agrees to provide an Irrevocable Letter of Credit issued
by the Bennington State Bank for the benefit of the City in an amount of Thirty-five Thousand
Eight Hundred Twenty-two and 10/100 Dollars ($35,822.10), with an effective date of no later
than March I, 1995, and an expiration date of no earlier than August 15, 1995.
(3). Additional Easement. CODC agrees that any additional pedestrian casement
necessary for construction of the Project in accordance with the above-referenced plans will be
dedicated in a form satisfactory to the City prior to commencement of the Project.
(4). Withdrawal of Petition. CODC agrees to immediately withdraw Petition No.
4094 which defines a benefit district and special assessment method for the proposed pedestrian
bridge and approach paths.
(5). Failure to Perform- If CODC fails to perform its obligations under this
Agreement and it is necessary for the City to make demand upon the Letter of Credit, the City
shall then provide for completion of the Project and shall remit to CODC any balance remaining
after payment of the cost of completion of the Project and any expenses incurred by the City.
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(6). Binding Effect. This Agreement shall be binding upon the parties and their
successors and assigns.
Executed this day and year first above written.
CITY OF SALINA, KANSAS
Uy:
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/ ) Ø(/'!, . ~ V
Donald E. Ilon~
Director of Engineering & Utilities
ATTEST:
COUNTRY OAK DEVELOPMENT
CORPORA nON
By:
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