2017-23RESOLUTION 2017 - 23
COUNCILMEMBER ANDERSEN 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 BIG OX ENERGY, LLC., a
Wisconsin Corporation to facilitate the development of a new industrial complex with an estimated
investment of $60 million dollars and with the potential to create an estimated minimum of 45 or
more jobs; and
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 SHEPARD MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON
ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, WILLIS, HANSEN,
ANDERSEN, WOLFF, JENSEN AND HALL VOTING "AYE", AND COUNCIL MEMBERS
NONE VOTING "NAY, THE MAYOR DECLARED THE FOREGOING RESOLUTION
PASSED AND ADOPTED THIS 25TH DAY OF APRIL, 2017.
CITY OF BLAIR, NEBRASKA
JA ES REALPH, M YOR
ATTEST:
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA 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 25th day of
April, 2017.
BRENDA WHEELER, CITY CLERK
DEVELOPER AGREEMENT
THIS AGREEMENT ("Agreement") made this 1st day of May, 2017, by and between
the City of Blair, Nebraska, hereinafter referred to as "City", and BIG OX ENERGY, LLC, a
Wisconsin limited liability company, hereinafter referred to as "Developer".
WHEREAS, Developer has entered into a contingent purchase agreement regarding a
parcel (the "Parcel") described as Tax Lot 266, in Section 13, Township 18, Range 11 East of the
6th P.M., in City of Blair, Washington County, Nebraska (Parcel No. 890019432).
WHEREAS, Developer entered into the aforementioned purchase agreement in order to
facilitate the development of a new industrial complex with an estimated investment of $60
million dollars and with the potential to create an estimated minimum of 45 or more jobs; and
WHEREAS, Developer requests that City extend Wilbur Street east approximately 650
feet, to a point agreeable to City and Developer, to serve the area to be utilized by the new
industrial development on the property to be dedicated by the Developer, which includes
property owned by the Developer and others; and,
WHEREAS, the Developer further requests that the City of Blair create a Street
Improvement District to facilitate the improvement of the new street, extend a 12- inch water
main to the Parcel, and extend an appropriately designed 8 -inch (8") sewer force main to a point
20 feet south of the north property line in the area of the proposed rail spur easement; and
WHEREAS, the City agrees, subject to the successful conclusion of all approvals,
notices, filings, hearings and other actions required by law in connection with the creation of the
Street Improvement District contemplated hereby (the "Legal Requirements"), to create said
Street Improvement District with all costs to be assessed to the public in return for the Developer
dedicating right of way for the new street and granting a perpetual easement on the east portion
NYORROIA4334225.3 I
of property for a future rail spur to benefit property south of the Parcel, to include Washington
County, NE Parcels 890083860, 890019397, 890022197, 890019509, 890022253, and
890022190;
WHEREAS, the improvements described in this Agreement serve the public
purposes of the City, by, among other things, improving access to properties owned by the
Developer and others, extending City streets to a location closer to the location of a future
highway bypass contemplated in the City's master plan, allowing the City to acquire rights
necessary to obtain improved rail access to the City and its businesses, and facilitating
employment and development within the City;
NOW, THEREFORE, IN CONSIDERATION OF MUTUAL COVENANTS AND
BENEFITS TO EACH PARTY AS SET FORTH HEREIN, IT IS AGREED AS FOLLOWS:
1. Upon closing on the purchase of the Parcel and the filing for a building permit, the
Developer shall dedicate a 50 -foot right of way plus area for a cul-de-sac on the east
termination point of proposed said Wilber Street extension upon completion of the design
for said street by City.
2. Upon closing on the purchase of the Parcel, the Developer shall further execute a
perpetual easement to Gateway Development Corporation and the City of Blair for an
area for a future rail spur as agreed by Developer, Gateway Development Corporation,
and the City of Blair. Said easement shall be assignable to future developers of property
currently included in Washington County, NE Tax Parcels 890083860, 890019397,
890022197, 890019509, 890022253, and 890022190.
NY01\Rub1J\4334225.3 2
3. The City of Blair shall, subject to Legal Requirements, create a Street Improvement
District so as to enable and cause the construction of new concrete paved street, 31 foot
back of curb, with storm sewer.
4. The City of Blair shall, subject to Legal Requirements, construct a new 12 -inch water
main on the new Street Right of Way from Tenth Street to the east boundary of said
Wilbur Street extension for the benefit of the public.
5. The City of Blair shall, subject to Legal Requirements, enable and cause the extension of
a 8 -inch sewer force main from approximately 20' south of the north property line of said
developer in the general area of the proposed rail spur easement, to the connection of the
sewer outfall line running along creek commonly referred to as South Creek or No Name
Creek at a point approximately 380 feet east of 10th Street right of way for the benefit of
the public.
6. Developer and City agree to execute a waste water treatment agreement which will,
among other things, require that the Developer shall install pretreatment to any discharge
to the City system necessary to meet the City's waste water treatment requirements
including but not limited to discharges of hydrogen sulfide gases not exceeding 50 parts
per million, unless City and Developer agree by amendment to this Agreement that City
can meet all plant loading capabilities or agree to expand the City's Waste Water Plant
capabilities. In the event the Developer discharges to the City system in violation of the
City's waste water treatment requirements, and without limitation of any other right or
remedy the City may have against the Developer in such circumstances, the Developer
will indemnify and hold the City harmless from and against all loss, liabilities, penalty or
damage incurred by the City in connection therewith.
NY01\Rub1J\4334225.3 3
7. City of Blair and Developer further agree that all costs assessed to the Street Improvement
District, water extension, and sewer shall, subject to Legal Requirements, be assessed to
the public in return for value received for the rail spur easement and street right of way
dedication; and subject to the City's ability to issue general bonds or notes sufficient to
generate funds sufficient to construct the contemplated projects (including an unqualified
approving opinion of bond counsel in customary form).
8. The obligations of the Developer set forth in Sections land 2 of this Agreement are subject
to the satisfaction by the City of its obligations set forth in Sections 3, 4 and 5 of this
Agreement, including City's satisfaction of all Legal Requirements.
9. This Agreement shall be binding upon and inure to the benefit of the Developer, City, and
each of their respective successors, representatives and assigns. Without limitation of the
foregoing, the parties to this Agreement recognize and agree that an affiliate of Big Ox
Energy, LLC may be the actual purchaser of the Parcel, in which case such affiliate will be
substituted for Big Ox Energy, LLC for all purposes under this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
first above written.
ATTEST:
f
Brenda Wheeler, City Clerk
By:
Big Ox
,LLC
4
NY01\RubIJ\4334225.2
CITY OF BLAIR
BY:
James Realph, Mayor City of Blair
LUZ
In
Nal
Manager on the Board of
Title:
Managers
Date:
By
Name:
Rob Larsen
Title:
Manager on the Board of
Managers
Date:
KaqIs �
NYO1\Rub1J\4334225.3 5