2018-27RESOLUTION 2018-27
COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS the City of Blair, Nebraska has been presented with an Agreement between
the City of Blair, Nebraska, and Black Hills/Nebraska Gas Utility Company, LLC dba Black Hills
Energy for the relocation of an existing 10" natural gas pipeline that runs through a new city
residential development called Transformation Hill.
WHEREAS, the terms and conditions of the 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 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 the Mayor
and the City Clerk of Blair, Nebraska, are hereby authorized and directed to execute said
Agreement on behalf of the municipality.
COUNCIL MEMBER STEWART MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WILLIS. UPON
ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, WILLIS, HANSEN, WOLFF,
ANDERSEN, HALL AND JENSEN VOTING "AYE", AND COUNCIL MEMBERS NONE
VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND APPROVED THIS 25TH DAY OF SEPTEMBER, 2018.
CITY OF BLAIR, NEBRASKA
BY7��, L,,� 6��
JA"E REALPH, MAYOR
ATTEST:
BRENDAWHEELER, 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
September, 2018.
BRENDA WHEELER, CITY CLERK
RELOCATION AND REIMBURSEMENT AGREEMENT
THIS RELOCATION AND REIMBURSEMENT AGREEMENT (this "Agreement"), made
and entered into as of this 25th day of September, 2018, by and between BLACK HILLS/NEBRASKA
GAS UTILITY COMPANY, LLC D/B/A BLACK HILLS ENERGY (herein referred to as "Black
Hills") and CITY OF BLAIR, NEBRASKA ("City").
WHEREAS, Black Hills is the owner of a 10" inch natural gas pipeline and easements along,
across and over the following land, to wit:
Certain real property situated in SECTION ELEVEN (11), TOWNSHIP EIGHTEEN (18) NORTH,
RANGE ELEVEN (11) EAST, BEING a tract in the SWI/4NWl/4, as appears in EASEMENT FOR
GAS & COMMUNICATIONS LINES in Book 464 Page(s) 243-247 in the office of the recorder located
in Washington County, Nebraska of the 6th P.M. (herein, "Existing Pipeline"); and
WHEREAS, City has requested that Black Hills relocate the Existing Pipeline in order to
accommodate the relocation of a portion of pipeline that runs through a new city residential development
called Transformation Hill as fully described on Exhibit "A" (the "Relocation Project"); and
WHEREAS, the Relocation Project will require a permanent Twenty Foot (20') wide easement,
legally described in Exhibit `B" (the "New Easement"); and
WHEREAS, under the terms of this Agreement, Black Hills is willing to relocate a portion of its
pipeline to accommodate said improvements.
NOW, THEREFORE, in consideration of the premises and mutual promises of the parties, City
and Black Hills agree as follows:
Construction of the Relocation Project. Subject to the terms and conditions set forth in this
Agreement, Black Hills will construct, directly or through qualified subcontractors, the
Relocation Project. Black Hills agrees to perform the following work:
a. Black Hills shall purge and abandon in place that portion of the Existing Pipeline
included as part of the Relocation Project.
b. Black Hills shall fabricate and install approximately 650 feet of new pipe ("New
Pipeline") and appurtenance there to replace such Existing Pipeline.
c. Black Hills shall survey, excavate, engineer, re-route and install such New Pipeline
within the New Easement.
d. Black Hills shall connect the New Pipeline to the Existing Pipeline system at both ends of
the New Pipeline.
2. Access. During the Relocation Project, Black Hills shall be furnished an access route and
provided additional temporary workspaces during construction for equipment and vehicles, which
shall be maintained in a good workmanlike manner.
3. Easement. The terms and conditions of the New Easement shall be granted to Black Hills and
recorded with the Washington County Register of Deeds. Black Hills will be responsible to
record the new easement granted by the City.
4. Cost of Construction.
a. Estimated Costs. The estimated costs of the Relocation Project and the performance of
the Pipeline Relocation Work in connection with the same is Forty -Thousand Dollars
($40,000.00).
b. Responsibility. City agrees to pay 50% of the actual relocation costs to Black Hills in
consideration of the Pipeline Relocation Work. City agrees to pay their share of the
relocation costs within 60 days after the relocation has been completed by Black Hills.
Black Hills Covenants to City. Black Hills shall notify City five (5) days in advance of the time it
expects to start the Pipeline Relocation Work on site, as well as when actually beginning,
discontinuing, resuming, and upon completing the work.
Notices. All notices or itemized invoices required or permitted under this Agreement shall be in
writing and shall be deemed effective: (a) upon delivery, if delivered in person, or documented
refusal to accept such delivery, whereupon such service shall be deemed complete; (b) one (1)
day after delivery to Federal Express or other similar courier service, marked for next day
delivery, addressed as set forth below; (c) three (3) days after deposit in United States Mail if sent
by registered or certified mail, return receipt requested, addressed as set forth below; or (d) upon
being by facsimile or electronic message transmission. The notice address of the parties as
follows:
If to Black Hills: Don Nordell, 501 West 6t' Street, Papillion, Ne 68046,
402-935-4895, don.nordell@blackhillscorp.com
If to City: Rod Storm, 218 South 16`x' Street, Blair, Ne 68008, 402-426-
6693, rstorm@blairnebraska.org
7. Covenants Run With The Land. The terms of this Agreement shall constitute covenants running
with the land and shall be binding upon and inure to the benefit of the parties hereto, or their
successors and assigns. The obligations of parties herein shall survive termination of this
Agreement.
8. Counterparts. This Agreement may be executed in counterparts, all of which together shall
constitute an agreement binding on all the parties hereto, notwithstanding that all such parties are
not signatories to the original or the same counterpart. Each party shall become bound by this
Agreement immediately upon axing such party's signature hereto, independently of the
signature of any other party. Facsimile and electronic signatures of the parties hereto shall be
binding.
9. Applicable Law; Venue. This Agreement shall be construed in accordance with and governed by
the laws of the State of Nebraska, without regard to its principles of conflict of laws. Any legal
actions brought to enforce or construe this Agreement shall be brought in the courts located in
Nebraska, and the parties hereby agree to the jurisdiction of such courts and agree that they will
not invoke the doctrine of forum non conveniens or other similar defenses.
10. Assignment._Neither party hereto may assign its rights and obligations under this Agreement
without the prior written consent of the other party, which consent shall not be unreasonably
delayed or withheld. No assignment permitted hereunder shall release the assignor from any
liability under this Agreement.
11. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to
the subject matter hereof, and no representations, inducements, promises, or agreements, oral or
otherwise, between the parties not embodied herein shall be of any force or effect.
IN WITNESS WHEREOF, the parties hereto have executed this Relocation and Reimbursement
Agreement the day and date first hereinabove written.
BLACK HILLS/NEBRASKA GAS UTH.ITY COMPANY, LLC D/B/A BLACK HILLS ENERGY
By: Je,>
Name: h6jJ&(1 f �,6 zrde— f I
Title:.
CITY OF BLAIR, NEBRASKA
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By:
Name: J a niers
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