23-8161 South View Estates Agreement Addendum Gilmore&Bell,P.C.
10/18/2023
RESOLUTION NO.23-8161
A RESOLUTION AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SALINA,KANSAS AND
SOUTH VIEW ESTATES,LLC.
WHEREAS, the City of Salina, Kansas (the "City") is a municipal corporation duly organized and
validly existing under the laws of the State of Kansas;and
WHEREAS, the City and South View Estates, LLC, a Kansas limited liability company(the"South
View Developer")entered into that certain Development Agreement,dated as of August 30,2021,as amended
by that certain Development Agreement Amendment No. 1 dated July 10, 2023 (as may be further amended
from time to time, the "South View Development Agreement") relating to construction and financing of a
residential development knows as"South View Estates"located in the City; and
WHEREAS,the City and the South View Developer desire to clarify certain terms in the South View
Development Agreement through the execution of a Development Agreement Addendum(the"Addendum");
and
WHEREAS,the City Commission hereby finds and determines that it is necessary and advisable and
in the interest of the public health, safety and welfare, including economic development, of the City, to
authorize the execution of the Addendum.
NOW,THEREFORE,BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
SALINA,KANSAS:
Section 1. Addendum Documents. The Addendum is hereby approved in substantially the form
presented to the City Commission with such alterations, changes or additions as may be approved by the City
Manager and as to form by the City Attorney. The Mayor or Vice Mayor of the City is hereby authorized and
directed to execute the Addendum and such other documents, statements, certificates and instruments as may
be necessary or desirable to carry out and comply with the intent of this Resolution, (together with the
Addendum,collectively,the"Addendum Documents")in such final form as are approved by the City Manager
and as to form by the City Attorney, and the execution or taking of such actions shall be conclusive evidence
of such form,necessity or advisability. The City Clerk or any Deputy City Clerk is hereby authorized to attest
to and affix the seal of the City to the Addendum Documents and such other documents, certificates and
instruments as may be necessary or desirable to carry out and comply with the intent of this Resolution.
Section 2. Further Authority. The City shall, and the officers, employees and agents of the
City, including Gilmore&Bell,P.C.,the City's bond counsel,are hereby authorized and directed to,take such
action,expend such funds and execute such other documents,certificates and instruments,as may be necessary
or desirable to carry out and comply with the intent of this Resolution and to carry out, comply with and
perform the duties of the City with respect to the Addendum Documents.
Section 3. Effective Date. This Resolution shall take effect and be in force from and after its
adoption by the City Commission.
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ADOPTED by the City Commission of the City of Salina,Kansas,on October 23,2023.
(SEAL)
aYr'
g ATTEST:
c2 n
City Clerk
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600596.20000\RESOLUTION-DA ADDENDUM
(Signature Page to Resolution)
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