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2021-01RESOLUTION 2021-1 COUNCIL MEMBER WOLFF 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 Eriksen Investment Co., Inc. to include extension districts for paving and storm sewer, water, and sanitary sewer services for the final plat for the subdivision legally described as: Southern Hills Subdivision, an Addition to the 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 WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER RUMP. UPON ROLL CALL, COUNCIL MEMBERS SHANK, JENSEN, WOLFF, RUMP, STEWART, AND SHEPARD VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12TH DAY OF JANUARY 2021. ATTEST: CITY CLERK T!P CITY OF BLAIR, NEBRASKA BY RICHARD HANSEN, MAYOR 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 12th day of January 2021. BRENDA WHEELER, CITY CLERK DEVELOPER AGREEMENT THIS AGREEMENT made this 12th Day of January, 2021, by and between the City of Blair, Nebraska, hereinafter referred to as "City", and Eriksen Investment CO, Inc., (Jennifer Eriksen, President), hereinafter referred to as "Developer". WHEREAS, Developer has submitted a final plat for the subdivision legally described as: Southern Hills Addition (Lots 1 through 247 inclusive) being a platting of parts of Tax Lots 2, 19, 25 and 26 in the SEI/4 of Section 22, Township 18N, Range 11E of the 6th P.M., Washington County, Nebraska. (See attached Exhibit A Final Plat 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 forty-six lots, specifically being Lots 1-47 Southern Hills; 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 Southern Hills development according to the terms of this Agreement. Southern Hills Phase One Developer Agreement Page 1 of 6 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 stolmwater 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 Stormwater 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 basin. 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. 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 Southern Hills Phase One Developer Agreement Page 2 of 6 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. 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 Southern Hills Phase One Developer Agreement Page 3 of 6 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. 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. Southern Hills Phase One Developer Agreement Page 4 of 6 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 Southern Hills, consisting of forty seven (47) 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 Southern Hills. 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 Southern Hills Drive, Mulberry Drive, and Sycamore Drive, said roads to remain public streets. 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. Southern Hills Phase One Developer Agreement Page 5 of 6 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first above written. ATTEST: By: Brenda Wheeler, City Clerk Jennifer Erikse resident Eriksen Investments CO. CITY OF BLAIR By: Richard Hansen, Mayor Southern Hills Phase One Developer Agreement Page 6 of 6