Consent Agreement
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CONSENT AGREEMENT
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This Consent Agreement is entered into this ?-,.- day of August, 1999, between the City
of Salina, Kansas, referred to as the "City" and Golden Eagle Estates, Inc., referred to as the
"Developer. "
Recitals
A. Developer is in the process of developing Golden Eagle Estates Addition, a
subdivision of the City of Salina, Kansas, referred to as the "Development."
B. Developer has petitioned the City to provide for the construction and financing of
certain street and utility improvements required for the Development under the Kansas General
Improvement and Assessment Law (K.S.A. 12-6aOl, et seq.).
C. Developer has privately contracted with Steve Bloomberg Construction for
completion of the detention pond portion of the storm drainage improvements required for the
Development, referred to as the "Private Contract."
D. While the City fully expects that the work under the Private Contract will be
timely completed in accordance with the plans and specifications approved by the City, the
compelling public health and safety concerns relating to completion of the detention pond work
contemporaneously with the remaining storm drainage improvements, and prior to the issuance
of any building permits for lots in the Development, require the City to seek assurances of an
alternative means of completing the detention pond work, should that be necessary.
E. The City and the Developer wish to enter into this Consent Agreement for the
purpose of assuring an alternative means of completing the detention pond work.
THE PARTIES therefore agree and covenant:
1. Approved Plans and Specifications. The City acknowledges that the most recent
plans and specifications submitted by Developer dated May 1999 for construction of the
detention pond structure, referred to as the "Plans and Specification," have been approved by the
City.
2. Consent and Waiver of Protest Rights. If the work to be performed under the
Private Contract has not been completed by November 15, 1999, the City may proceed with the
initiation of a special improvement project pursuant to the Kansas General Improvement and
Assessment Law (K.S.A. 12-6aOl et seq.) as may be necessary to complete the work in
accordance with the Plans and Specifications. In that event, Developer hereby consents to the
construction and assessment of such a special improvement project and waives the right to
protest such a project under K.S.A. 12-6a06.
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3. Binding effect. This Consent Agreement shall be binding upon the parties, their
heirs, beneficiaries, personal representatives, and assigns.
EXECUTED the day and year first above written.
By:
GOLDEN EAGLE ESTATES, INC.
By:
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