Guarantee Agreement
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GUARANTEE AGREEMENT
This Guarantee Agreement is entered into this ~ day of August, 1996, by and
between the CITY OF SALINA, KANSAS (the "City") and FRANK CHARLES NORTON, SR.
(the "Developer").
Recitals
A. In conjunction with the development of Highland Meadows Hamlet, an Addition
to the City of Salina, the Developer has contracted for the construction and installation of (1 )
public water system improvements, and (2) public sanitary sewer system improvements
(collectively referred to as the "Improvements").
B. Upon approval of the Improvements by the City Engineer, the City intends to
accept and assume responsibility for future maintenance of the Improvements, subject to the
terms and conditions of this Guarantee Agreement.
THE PARTIES therefore agree:
1. One Year Warranty. Developer agrees and covenants that for a period of one
year following final acceptance of the Improvements by the City Engineer on behalf of the City
(the "Warranty Period"), the Developer shall warrant, at his expense and free of charge to the
City, against all defects in materials or workmanship, or any improper, or defective preparation
of the ground upon which the Improvements are constructed.
2. Response to Impairment in Service. In the case of any failure of the
Improvements as a result of the defects described in paragraph 1 in such a manner that results in
(a) any humanly discernible impairment of water or sanitary sewer service or (b) the release of
water or sewage onto private property, the Developer shall promptly cause the Improvements to
be repaired in a manner acceptable to the City Engineer. If the Developer fails to promptly
respond in such circumstance, the City may, with or without notice to the Developer, cause the
Improvements to be repaired and present the Developer with a statement for any associated
expense to the City.
3. Response to Other Defects. In the case of any defects as described in paragraph 1
(other than those addressed in paragraph 2) of which the Developer is notified during the
Warranty Period, the Developer shall, within a reasonable period of time, cause the defect to be
cured in a manner acceptable to the City Engineer. If the Developer fails to contract for the
work necessary to cure the defect within 14 days from the date he is notified of the defect, the
City may give written notice to the Developer that if the defect is not cured within 30 days
thereafter, the City will cause the defect to be cured and present the Developer with a statement
for any associated expense to the City.
4. Enduring Covenants. Any covenants contained herein shall endure beyond the
Warranty Period to the extent necessary to carry out the Developer's obligation in relation to any
failure of or defect in the Improvements of which the Developer is notified during the Warranty
Period.
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5. Reimbursement of City. If the City incurs any expenses pursuant to paragraphs 2
and/or 3 above, the Developer agrees to reimburse the City for those expenses within 10 days
from the date of receipt of a written statement from the City. If Developer fails to make timely
payment of the stated amount, the City may file suit in the Saline County District Court for the
recovery of any such expenses and its legal fees.
6. Notices. All notices and demands shall be given in writing either by personal
service or by registered or certified mail, postage prepaid, and return receipt requested. Notice
shall be considered given when received on the date appearing on the return receipt, but if the
receipt is not returned within five (5) days, then forty-eight (48) hours after deposit in the mail.
Notices shall be addressed as appears below for each party:
CITY
City Clerk
P.O. Box 736
Salina, KS 67402-0736
DEVELOPER:
Frank Charles Norton, Sf.
2524 E. Magnolia Road
Salina, KS 67401
7. Binding Effect. This Agreement shall extend to and bind the heirs, beneficiaries,
executors, administrators, trustees, and assigns of the parties hereto.
EXECUTED by the duly authorized officials of the respective parties hereto the day and
year written above.
CITY OF SALINA, KANSAS
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Evelyn4axwell, Mayor
ATTEST:
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DEVELOPER
~~.h A>>s- ~.
Frank Charles Norton, Sf.
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