Waiver of Assessment Proceedings. Developer hereby agrees to waive any rights that it may have pursuant to Kansas statutes, the Kansas Constitution, the United States Constitution, or as otherwise provided by law, to object to any special assessments imposed pursuant to K.S.A. 12-6a01 et seq. and/or City Resolution Nos. 7012 (2013), 7016 (2013), 7046 (2013), or 7049 (2013). Developer acknowledges and agrees that this waiver is freely given and with full knowledge of all statutory, constitutional, or other legal rights being waived thereby, and is given in consideration of the City forming the improvement district within which the Property and the Project are located and for the City providing the financing and construction of the public improvements that serve the Property (or any Project Area) and the Project (or any Phase thereof). This agreement is intended to be and shall be a covenant running with the land. Within three (3) business days after City's request, Developer shall execute and deliver to City such other forms or documents as City may reasonably require confirming such waivers, which documentation may include (but need not be limited to): (a) waivers of formal notices of and the holding of public hearings by the Governing Body of the City for the purposes of considering special assessments against the Property or any Project Area; (b) consents to the levy of special assessments against the Property or any Project Area by appropriate proceedings of the governing body of the City; (c) waivers of any applicable time periods after publication of assessment ordinances of the City to contest the levies of special assessments; and (d) consents that the City may immediately proceed to issue its general obligation bonds to finance the costs of any improvements in accordance with K.S.A. 12-6a01 et seq.
Waiver of Assessment Proceedings. Because this Agreement between the PACE Provider and Program Participant reflects the Program Participant’s free and willing consent to pay the Assessment, the Program Participant hereby waives any otherwise applicable requirements of Article XIIID of the California Constitution or any other provision of California law for an engineer’s report, notice, public hearing, protest or ballot. The Program Participant hereby waives the right to repeal the Assessment by initiative or any other action, or to file any lawsuit or other proceeding to challenge the Assessment or any aspect of the proceedings of the PACE Provider undertaken in connection with the PACE Program.
Waiver of Assessment Proceedings. Intentionally deleted.
