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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. 1 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 2 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 3 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