Storm Water Detention Pond
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AGREEMENT FOR DEDICATION OF STORM WATER DETENTION POND
This Agreement is entered into this 19th day of December 2005, by and
between Landmark Development Company, (the "Developer") and the CITY OF
SALINA, KANSAS (the "City").
Recitals
A. By Resolution 93-4584 adopted April 26, 1993 the City adopted a policy
for public acceptance of maintenance responsibility for storm water runoff control
as an alternative to private maintenance of storm water detention ponds (the
"Policy").
B. The Developer, in conjunction with the development of Woodland Hills
Estates Addition No.2, desires to make the requisite lump sum payment to the
City and dedicate certain property within the subdivision to the City for
maintenance as a storm water detention pond.
C. Pursuant to the Policy, the City has calculated a lump sum payment in
the amount of Thirty One Thousand Three Hundred and no/100 Dollars
($31,300.00) to be paid to the City by the Developer by determining the present
value of the estimated cost of maintaining the storm water detention pond in
public ownership, including such factors as size and shape of the pond, type of
pump, personnel and equipment charges and other applicable cost items (the
"Maintenance Fee").
THE PARTIES therefore agree:
1. Election to dedicate. The Developer elects to dedicate the following
described real estate (the "Detention Pond") by Deed of Dedication in the form
attached as Exhibit A:
Lot One (1), Block One (1), Woodland Hills Estates Addition No.2 the City
of Salina, Saline County, Kansas
for maintenance by the City as a storm water detention pond. The Developer
agrees to deliver the Deed of Dedication on the Closing Date designated below.
2. Maintenance fee. Simultaneous with the delivery of the Deed of
Dedication on the Closing Date, the Developer shall pay to the City the
Maintenance Fee by cashier's check or other certified funds.
3. ClosinQ Date. Upon final inspection and approval by the City of the
completed construction of the Detention Pond, the City and the Developer shall
agree upon an appropriate Closing Date to be scheduled within 14 days following
the City's approval on final inspection.
4. City's responsibility. Upon acceptance of the Deed of Dedication and
payment of the Maintenance Fee, the City agrees to maintain in perpetuity the
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Detention Pond and related equipment in a manner consistent with the City's
maintenance of other non-park open spaces.
5. BindinQ effect. This Agreement shall be binding upon and inure to the
benefit of the parties, their heirs, personal representatives, successors and
assigns.
EXECUTED the day and year first above written.
Landmark Development Company, a co-partnership consisting of Dent
Construction, Inc., a Kansas Corporation, and Jim Andrew Builder, Inc., a
Kansas Corporation.
V4J~
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Jim Andrew, President of Jim Andrew
Builder, Inc.
Darvin Dent, President of Dent
Construction, Inc.
CITY OF SALI NA, KANSAS
ATTEST:
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