2018-09RESOLUTION 2018-9
COUNCILMEMBER JENSEN 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 Melvin Sudbeck Homes, Inc.
for Northern View Addition -Phase One to include paving, storm sewer, water and sanitary sewer
services.
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 JENSEN MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SHEPARD.
UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, HANSEN, WILLIS,
WOLFF, JENSEN AND HALL VOTING "AYE", AND COUNCIL MEMBERS NONE
VOTING "NAY, THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 24TH DAY OF APRIL, 2018.
CITY OF BLAIR, NEBRASKA
J �S REALPH, MAYOR
ATTEST:
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BRENDAWHEELER, 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 24th day of
April, 2018.
BRENDA WHEELER, CITY CLERK
DEVELOPER AGREEMENT
THIS AGREEMENT made this 24th day of April, 2018, by and between the City of Blair,
Nebraska, hereinafter referred to as "City", and Melvin Sudbeck Homes, Inc., (Melvin Sudbeck,
President), hereinafter referred to as "Developer".
WHEREAS, Developer has submitted a final plat for the subdivision legally described as:
Northern View Addition (Lots 1 through 55 inclusive) being a platting of Tax Lots 78 and 79, in
the SWl/4 of the NWl/4 of Section 13, Township 18N, Range 11E of the 6th P.M., Washington
County, Nebraska, together with the East'/2 of the vacated alley adjacent thereto on the West. (See
attached Exhibit A which is fully incorporated herein by reference.)
WHEREAS, Developer requests that City form improvement or extension districts for
paving and storm sewer, water and sanitary sewer services for Phase One of the subdivision. Phase
One shall consist of eighteen lots, specifically being Lots 17-32 and Lots 40-41 of Northern View
Addition; and,
WHEREAS, Developer acknowledges that lending institutions may have or claim an
interest in said real estate and Developer acknowledges 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 PETITION. Developer hereby files with City its Petition for creation of
said improvement districts. Pursuant to the applicable terms, conditions or prohibitions of
the statutes of the State of Nebraska, City will create paving and storm sewer, water and
sanitary sewer improvement districts for the construction of said improvements within the
Northern View Addition Phase One Developer Agreement Page 1 of 6
Northern View Addition according to the terms of this Agreement. Developer hereby
further requests that Tax Lots 73 and 74, Section 13, Township 18N, Range 11E of the 6th
P.M., Washington County, Nebraska, be included in the sanitary sewer improvement
district and share equally in the costs of the sanitary sewer improvements.
2. CITY SPECIFICATIONS AND TERMS. All improvements and construction under
said districts 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. STORMWATER MANAGEMENT. The City has enacted a stormwater management
ordinance to protect, maintain, and enhance the public health, safety, and general welfare
by establishing minimum requirements and procedures to control the adverse impacts
associated with increased and altered stormwater runoff. Therefore, a Post -Construction
Stoimwater Management Plan shall be included in the engineering design contract for the
design and installation of a stormwater management system. The parties hereby
acknowledge and agree that the engineering design contract for the design and installation
of a stormwater management system may call for a storm water management system that
would result in a surface detention basis. The City, at its own election, has elected to
eliminate the need for surface detention basins. It is specifically agreed between the parties
that City shall be 100% responsible for the increased costs associated with the installation
of over -sized stormwater pipes required for stormwater detention and that such increased
costs shall not be assessed to individual lots.
Northern View Addition Phase One Developer Agreement Page 2 of 6
4. ENGINEERING DESIGN COSTS. 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 security bond or cash payment shall be returned to the
Developer. 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.
5. CONSTRUCTION AND CONSTRUCTION ENGINEERING COSTS. Developer
hereby agrees to pay zero percent (0%) of all construction and construction engineering
costs attributed to such districts that benefit his/her subdivision.
6. ACTUAL CONSTRUCTION COSTS. 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 improvements including any change orders
approved by the City from time to time. In 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.
Northern View Addition Phase One Developer Agreement Page 3 of 6
7. SPECIAL ASSESSMENTS. 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. All
specially assessed costs shall be assessed on a per lot basis equally divided based on the
number of lots contained in Phase One. 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, as agreed to by City and Developer.
8. FIRST LIEN. It is further agreed by all parties, including the Developer and any other
persons, including but not limited to any 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
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.
Northern View Addition Phase One Developer Agreement Page 4 of 6
9. REAL ESTATE TAXES. The Developer hereby agrees that it will make timely, current
payments on any Washington County real estate taxes assessed on the lots by the
Washington County Assessor's Office.
10. OVERRIDING AUTHORITY. 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.
11. PAYMENT OF INSTALLMENTS. 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.
12. AUTHORIZATION TO PROCEED. The City, as of the date of this Agreement, has
approved the final plat of Northern View Addition, consisting of fifty-five (5 5) lots, public
streets and other improvements. Pursuant to the terms of this Agreement, City shall cause
separate improvement districts to be created for the installation of the public improvements
described herein for Phase One of Northern View Addition. The process for designing, bid
process and construction of the improvements shall commence within a reasonable period
of time after execution of this Agreement.
13. PUBLIC STREETS. The Developer agrees to convey to City all right, title and interest
it may have in the proposed 14th Avenue, 14th Circle, Poulson Drive and Mount Hope
Circle, said roads to remain public streets.
Northern View Addition Phase One Developer Agreement Page 5 of 6
14. BINDING EFFECT. 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.
ATTEST:
By: r c
Brenda Wheeler, City Cleric
By: `
Melvin Sudbeck, President
Melvin Sudbeck Homes, Inc.
CITY OF BLAIR
By:
J ", ealph, Mayor
Northern View Addition Phase One Developer Agreement Page 6 of 6