2017-04RESOLUTION 2017 - 4
COUNCILMEMBER WILLIS INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS the City of Blair, Nebraska has been presented with a Developer's
Agreement between the City of Blair, Nebraska, City of Blair, Nebraska, and Nathan and Kiley
Huber, owners of Huber Builders, for an extension district for a water main for Arbor Park
Subdivision, City of Blair, Washington County, Nebraska.
WHEREAS, the terms and conditions of the Developer's Agreement are acceptable to the
City of Blair, Nebraska.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, that the Developer's Agreement attached hereto,
marked Exhibit "A" and by this reference made a part hereof as though fully set forth herein,
which has been presented to the City Council, is hereby accepted and adopted by the City of
Blair, Nebraska, and that the Mayor and the City Clerk of Blair, Nebraska, are hereby authorized
and directed to execute said Developer's Agreement on behalf of the municipality.
COUNCIL MEMBER WILLIS MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER JENSEN.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SHEPARD, WILLIS, HANSEN,
WOLFF, JENSEN, HALL AND ANDERSEN VOTING "AYE", AND COUNCIL MEMBERS
NONE VOTING "NAY, THE MAYOR DECLARED THE FOREGOING RESOLUTION
PASSED AND ADOPTED THIS 10TH DAY OF JANUARY, 2017.
CITY OF BLAIR, NEBRASKA
A ES E. REALPH, MAYOR
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and acting
City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was
passed and adopted at a regular meeting of the Mayor and City Council of said City held on the
10th day of January, 2017.
BRENDA R. WHEELER, CITY CLERK
DEVELOPER AGREEMENT
THIS AGREEMENT made this 10 day of-�2017, by and between the City of
Blair, Nebraska, hereinafter referred to as "City", and Nathan and Kiley Huber, owners of Huber
Builders, hereinafter referred to as "Developer".
WHEREAS, Developer has submitted a final plat for the subdivision legally described as:
Arbor Park (Lots 4 through 12 inclusive) being a replatting of Lot 2 of Arbor Park located in the
Northeast Quarter of Section 11, Township 18 North., Range 11 East of the 01' P.M. Washington
County, Nebraska (See attached Exhibit A which is fully incorporated herein by reference.)
WHEREAS, Developer requests that City form improvement or extension district for
water main for the subdivision and Developer is willing to participate in and fund a portion of
the cost of said improvements without the same being assessed against the real estate within the
subdivision; and,
WHEREAS, Washington County Bank, Blair, Nebraska ("Lending Institution") may
have or claim an interest in said real estate and agree their interest shall be junior and inferior to
City's assessments against said real estate for the construction of said improvements.
NOW, THEREFORE, IN CONSIDERATION OF MUTUAL COVENANTS AND
BENEFITS TO EACH PARTY AS SET FORTH HEREIN, IT IS AGREED AS FOLLOWS:
1. Developer shall file with City its Petition for creation of said improvement district.
Pursuant to the applicable terms, conditions or prohibitions of the statutes of the State of
Nebraska, City will create a water improvement district for the construction of said
improvement within the Arbor Park Subdivision according to the terms of this
Agreement.
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2. All improvements and construction under said district shall be made pursuant to the
specifications of City. All contracts for such improvements shall be entered into by City
and according to the terms and conditions approved by City.
3. Developer hereby agrees that City shall not execute contracts for the design of said
improvements until Developer has posted with City a security bond to cover the entire
cost of the engineering design contract fee or Developer shall deposit a cash sum with
City equal to the total cost of the engineering design contract fee. If Developer proceeds
with the improvements and construction under said improvement districts, such cash
payment shall be credited as a down payment towards the cost of the water improvement
district assessment. If the Developer at anytime decides not to proceed with the
improvements and construction under said districts as specified in this agreement, the
security bond or cash payment shall be forfeited to the City for its costs and expenses
incurred.
4. Notwithstanding the engineering design contract fee payment referenced in Section 3,
Developer hereby agrees to pay upfront zero percent (0%) of all construction and
construction engineering costs attributed to such districts that benefit his/her subdivision.
All construction and construction engineering costs attributed to such districts shall be
assessed to the benefitted lots as described in Section 6.
5. It is specifically agreed between the parties that Developer shall be responsible for and
pay upon completion of construction under the contracts, a sum equal to zero percent
(0%) of the actual construction cost. Actual construction cost includes the cost of
construction engineering services, geotechnical services and the total contract price for all
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improvements including any change orders approved by the City from time to time. h1
the event any change orders are submitted to City for approval, the Developer will be
notified by the City if such change orders to the construction contract(s) are required. The
remaining one hundred percent (100%) of the actual construction cost shall be paid by
City to the contractors and assessed as set forth below.
6. City shall specially assess the special assessment portion of the actual construction and
engineering costs against the property owned by developer and specially benefited based
upon an allocation of special benefits from the improvements completed by the projects
engineer and approved by the City and the Developer. It is expected that all specially
assessed costs to be paid by the Developer shall be assessed on a per lot basis equally
divided based on the number of lots contained in the approved final plat. The City shall
levy such special assessments within one hundred and twenty (120) days from the date
that engineer certifies the completion of the improvements being installed under the
improvement districts. The procedure for levying the special assessments shall be that set
forth in the City of Blair Municipal Code and the laws of the State of Nebraska. The term
"actual construction cost" shall include the engineering cost that relate to the
improvement along with other costs associated with such construction.
7. It is further agreed by all parties, including the Developer and any other persons,
including but not limited to the Lending Institution who may have or claim an interest in
or have an encumbrance or lien upon the above-described real estate, that said special
assessments shall be a first lien on the real estate for all improvements made under such
improvement districts, subject only to general real estate taxes levied and assessed
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against said premises and that all other interests, encumbrances or liens on said real estate
or any part thereof, of any parties to this Agreement shall be junior and inferior to the
special assessments of the City against said real estate.
8. City's participation in this Agreement and all of its responsibilities and obligations
hereunder shall be subject to any and all provisions imposed on City by the statutes of the
State of Nebraska and the Municipal Code of the City of Blair.
9. Developer hereby agrees that it will timely pay all installments due for the special
assessments made against the above-described real estate and that it will not allow any
installments due under said special assessments to become delinquent.
10. The City as of the date of this Agreement has approved the final plat of Arbor Park
Subdivision consisting of 9 lots. Pursuant to the terms of this Agreement, City shall
cause separate improvement district to be created for the installation of the public
improvement described herein for Arbor Park Subdivision. The process for designing, bid
process and construction of the improvements shall commence within a reasonable period
of time after execution of this Agreement.
11. This Agreement shall be binding upon and inure to the benefit of the Developer, City,
Lending Institution and each of their respective successors, representatives and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
first above written.
M
t.
ATTEST:
By:
Brenda Wheeler, City Clerk
CITY OF BLAIR
By:
JAI e Realph, Mayor City of Blair
By: ✓���� (!(�
Nathan and Kiley Huber
Owner of Huber Builders, LLC
Washington County Bank
By:
Authorized Repre?entative