For once, the Lawrence City Commission and 6Wak Land Investments were able to agree about construction at Sixth Street and Wakarusa Drive.

The commission on Tuesday approved a preliminary development plan for 6Wak to build 236 apartments on the site, adjacent to where the city has refused to allow 6Wak to build a Wal-Mart store. 6Wak has been part of six lawsuits filed against the city challenging that decision.

“They’ve gone through the process,” Mayor David Dunfield said of 6Wak. Commissioners voted unanimously for the project; Commissioner Sue Hack was absent.

But there was one condition.

City officials said that before any building permit would be issued 6Wak would have to pay special assessments for the construction of Congressional and Overland drives, new streets adjoining the apartment property.

The reason for the condition: Two of 6Wak’s lawsuits challenge the assessments, contending the city hasn’t kept its part of the bargain and allowed the Wal-Mart construction. The lawsuits are pending.

“It’s our intent that no building permit would be issued for the 6Wak apartments unless the city had absolute assurance that the bill would be paid,” Assistant City Manager Dave Corliss said Tuesday.

Bill Newsome, a 6Wak partner, agreed — as long as the assessments related to the area serving the apartments and not the unbuilt Wal-Mart.

“It probably goes without saying, we’re talking about the apartment ground,” Newsome said. Corliss agreed.

The total city assessments to 6Wak for building Congressional and Overland drives is $893,763. The apartment properties’ assessment will be $335,527.