09-6642 Transfer Assignment in TIF Districtz
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RESOLUTION NO. 09-6642
RESOLUTION CONSENTING TO THE ASSIGNMENT OF A PORTION OF THE
DEVELOPMENT AGREEMENT IN CONNECTION WITH THE LAMBERTZ
ADDITION TAX INCREMENT FINANCING DISTRICT FROM SALINA
PARTNERS, LLC TO ONE KANSAS, LLC
WHEREAS, the City of Salina, Kansas (the "City") entered into that certain Lambertz Addition Tax
Increment Financing District Development Agreement dated March 17, 2008 (the "Development
Agreement") with Salina Partners, LLC, a Delaware limited liability company (the "Developer") in
connection with implementation of the Redevelopment Project Plan for the Lambertz Addition Tax
Increment Financing Redevelopment District (the "Redevelopment District"); and
WHEREAS, the Developer desires to transfer title to a portion of the real property within the
Redevelopment District to One Kansas, LLC, a Kansas limited liability company (the "Assignee"); and
WHEREAS, such real property is legally described as:
A portion of Lot One (1), Block One (1), Lambertz Addition to the City of Salina, Saline County,
Kansas, more particularly described as follows:
Beginning at the Northeast corner of Lot One (1), Block One (1), Lambertz Addition to the City of
Salina, Saline County, Kansas; thence with an assumed bearing South 00° 17' 43" (platted as S.
00° 13' 27" W.) along the East line of said Lot One (1) for a distance of 70.54 feet; thence North
90° 00' 00" West a distance of 256.55 feet; thence South 00° 00' 00" East 92.29 feet; thence
following the arc of a curve to the right having a radius of 225.00 feet Southwesterly through an
arc length of 73.42 feet (chord bears South 09° 20' 54" West 73:10 feet); thence following the are
of a curve to the left having a radius of 275.00 feet Southwesterly through an arc length of 89.74
feet (chord bears South 09° 20' 54" West 89.3 feet); thence South 00° 00' 00" East 90.69 feet;
thence North 90° 00'00" West 139.61 feet; thence North 00° 00'00" East 68.25 feet; thence South
90° 00' 00" West 104.00 feet; thence North 00° 00' 00" East 33.87 feet; thence North 901 00' 00"
West 184.00 feet; thence South 00° 00' 00" West 8.00 feet; thence North 90° 00' 00" West
207.27 feet to the West line of said Lot One (1); thence Northwesterly along the West line of Said
Lot One (1) along a curve to the left having a radius of 5,879.65 feet through an arc length of
320.09 feet (chord bears N 6° 48'25" W 320.05 feet) to the Northwest corner of said Lot One (1);
thence North 891 53' 15" East along the North line of said Lot One (1) a distance of 955.39 feet to
the point of beginning containing 5.658 Acres subject to any easement of record.
BEING A PART OF:
Lot One (1), Block One (1) and Lot One (1), Block Two (2), Replat of Lambertz Addition, to the
City of Salina, Saline County, Kansas.
(the "Real Property")
WHEREAS, Section 7.03 of the Development Agreement provides that the Developer shall not
transfer title to any portion of the real property within the Redevelopment District without prior written
approval of the City; and
WHEREAS, Section 7.03(B)of the Development Agreement provides that as a condition to such
transfer of real property, the City may require such transferee to agree to be bound by the provisions of the
Development Agreement; and
WHEREAS, the Developer desires to assign a portion of its rights under the Development
Agreement to the Assignee; and
WHEREAS, the City desires to consent to this transfer of title to the Real Property and the
assignment of a portion of the Development Agreement to the Assignee.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
SALINA, KANSAS, AS FOLLOWS:
Section 1. Consent to Real Estate Transfer. The City hereby consents to the transfer of title of the
Real Property from the Developer to the Assignee.
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Section 2. Assignment and Assumption of Development Agreement. The Governing Body of the
City hereby approves and consents to the Assignment and Assumption of Lambertz Addition Tax Increment
Financing District Development Agreement (the "Assignment") in substantially the form presented to the
Governing Body on this date. The Mayor is hereby authorized and directed to execute the Assignment.
Section 3. Further Authority. The Mayor, Clerk and the other officers and representatives of the
City are hereby authorized and directed to take such other action as may be necessary to carry out the
provisions of the Assignment.
Section 4. Effective Date. This Resolution shall take effect and be in full force immediately after its
adoption by the Governing Body of the City.
ADOPTED this 24th day of June, 2009.
[SEAL]
ATTEST:
. City Clerk
CITY OF SALINA, KANSAS
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