20-7792 Execute an Amended and Restated Improvement District Development Agreement between Stone Lake Development, LLC Ratifiying the Adoption of Resolution No 19-7751 RESOLUTION NUMBER 20-7792
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED AND
RESTATED IMPROVEMENT DISTRICT DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF SALINA AND STONE LAKE DEVELOPMENT, LLC AND RATIFYING THE
ADOPTION OF RESOLUTION NUMBER 19-7751 (STONE LAKE ADDITION,PHASE 3a).
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WHEREAS,on October 21,2019,the City Commission of the City of Salina(the"City")
adopted Resolution No. 19-7751 (Stone Lake Phase 3a), creating an improvement district pursuant to
K.S.A. 12-6a01 et seq. and approving that certain Improvement District Development Agreement
between the City and Stone Lake Development, LLC (the "Developer"); and
WHEREAS, the parties have negotiated and the City wishes to approve that certain First
Amended and Restated Improvement District Agreement between the City and the Developer, in
substantially the form presented to the City Commission on this date; and
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WHEREAS, the Special Assessment Policy includes a Form of Petition as Exhibit B to the
policy which includes a certification that: "The petitioner and its principals do not have a financial
interest in any real estate located in the city which is subject to delinquent special assessments or ad
alorem taxes as of the date of the petition;" and
WHEREAS,when the original application and petition for special assessment financing of public
improvements for Stone Lake Addition,Phase 3 a was submitted by Developer on April 23,2019,Kelly
Dunn Construction, Inc., a Kansas corporation owned by Kelly R. Dunn, a principal in Stone Lake
Development,LLC,owned two lots located in the city with unpaid,but not delinquent,2018 property
taxes and special assessments in the total amount of$4,980.16(the"Unpaid Taxes and Assessments");
the Unpaid Taxes and Assessments became delinquent on May 10,2019,remained so as of the date of
,the Developers' signature on the Petition and the Governing Body's adoption of Resolution No. 19-
751 on October 21, 2019, and werep aid in full on October 24, 2019; SO NOW, THEREFORE,
BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:
Section 1. The October 21, 2019 adoption of Resolution No. 19-7751 is ratified.
Section 2. The Mayor is authorized to execute that certain First Amended and Restated �I
Improvement District Development Agreement between the City of Salina and Developer in
substantially the form presented to the City Commission on this date.
Section 3. The City Clerk is hereby directed to file and retain the signed First Amended and
Restated Improvement District Development Agreement according to the City of Salina Records
Management Policy.
Section 4. That this resolution shall be in full force and effect from and after its adoption.
Adopted by the Board of Commissioners and signed by the Mayor this 6'day of January,2020.
Trent W. is,M.D., Mayor
(SEAL)
ATTEST:
Shandi Wicks, CMC, City Clerk
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