2021-15RESOLUTION 2021- 15
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS the City of Blair, Nebraska has been presented with a Developer's Agreemet
between the City of Blair, Nebraska, City of Blair, Nebraska, and Rebecca L. Fox and Jerry G
Fox to include extension districts for paving and storm sewer, water, and sanitary sewer services
for the final plat for the subdivision legally described as: Lots 1 through 6,
Skyline Acres, 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 SCHANK. UPON
ROLL CALL, COUNCIL MEMBERS SCHANK, HALL, WOLFF, WILLIS, RUMP, STEWART
AND SHEPARD VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE
MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS
11 TH DAY OF MAY 2021.
ATTEST:
CITY CLERK
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 11th day of
May 2021.
'�'j &';�
BRENDA WHEELER, CITY CLERK
DEVELOPER'S AGREEMENT -DRAFT
THIS AGREEMENT made this %/`M day of May, 2021, by and between the City
of Blair, Nebraska, a Municipal corporation (hereinafter referred to as "City"), and Rebecca L.
Fox and Jerry G. Fox (hereinafter referred to as "Developer").
WHEREAS, the Developer warrants and represents that it owns all legal and beneficial
rights to the tract of land legally described in the surveyor's certificate portion of the replat attached
hereto as Exhibit "A" (which parcel of land is herein referred to as "Lots 1-6, Skyline Acres").
WHEREAS, Developer has proposed a replat Tax Lot 277 of the Northwest Quarter Section
of Section 14, Township 18 North, Range 11 East of the 6th P.M., to be known as "Lots 1-6 Skyline
Acres"; and
WHEREAS, The City has installed water and sanitary sewer improvements that are
beneficial to Tax Lot 277; and
WHEREAS, The City determined that connection fees for the water and sanitary sewer
improvements for Tax Lot 277 were better than special assessments upon completion of the
improvements;
WHEREAS, The connection fees for water shall be $0.022 per square foot of Tax Lot 277
for a total cost of $6085.33 and sanitary sewer shall be $0.149 per square foot of Tax Lot 277 for a
total cost of $41,214.29 per Resolution 2006-16, Attached as Exhibit B;
WHEREAS, Developer desires to subdivide Tax Lot 277 into a new subdivision Skyline
Acres Lots 1-6 and connect to the existing water and sanitary sewer mains available to Tax Lot
277;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
BENEFITS TO EACH PARTY AS SET FORTH HEREIN, IT IS AGREED AS FOLLOWS:
Skyline Acres Lots 1-6 Connection Fees: There is a total of $6085.33 for water
connection fee and $41,214.29 for sanitary sewer connection fee. Skyline Acres
Lots 2-6 will be equally assessed 1/5th of the total water and sanitary sewer
connection fee upon application for a building permit upon each lot. This will
equal a payment of $1,217.07 for water connection fee and $8,242.86 for sanitary
sewer connection fee to be paid at the same time, and in addition to taking out a
building permit for each lot. The connection fees will be in addition to any
additional costs for tapping the main.
2. Storm Water Management: Developer will be responsible for providing a storm
water management plan developed by a professional engineer that shows no
increase in storm water runoff in post development verses predevelopment. The
Storm Water Management plan shall be submitted to and approved by the Director
of Public Works.
Prior to the selling of any lot(s) the developer shall construct any storm water
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management required or notify the City in writing that in compliance with the
approved storm water management plan each lot owner will construct the
necessary stormwater management for that lot.
3. Covenants Running with the Land. This Developer's Agreement and the
agreements and understandings herein constitute covenants running with the
land and shall be binding upon the Developer, its successors, assigns, heirs,
lenders, mortgagees and others gaining or claiming an interest or lien in the
subdivision tract or a part thereof.
4. Remedies. That in addition to whatever rights of enforcement of the terms hereof
are herein granted to any party, each party may avail itself of all other remedies it
may have to enforce the terms hereof at law or equity. By way of specification and
not by way of limitations, each of the parties expressly reserve to and right to
specifically enforce full compliance of the terms and conditions of this agreement by
mandatory or prohibitory injunction.
5. Governing Law, Jurisdiction. This Agreement shall be governed by and construed
in accordance with the laws of the State of Nebraska. This Agreement is made and
entered into in Blair, Washington County, Nebraska and is being performed in
Washington County, Nebraska. The parties hereby agree that any action to enforce
the terms of this Agreement, or for any other remedy arising out of said Agreement,
shall be brought solely in a Washington County state court or federal court in the
State of Nebraska, and in no other court, and each party specifically acknowledges
and submits to the personal jurisdiction of said court, and waives as to any such court
any defense of inconvenient forum or improper venue.
IN WITNESS WHEREOF, we the parties hereto, by our respective duly authorized agents,
hereto affix our signatures the day and year fust written above.
CITY OF BLAIR, NEBRASKA
Richard Hansen, Mayor, City of Blair
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ATTEST:
By: Brenda Wheeler, City Clerk
STATE OF NEBRASKA
) ss:
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me on the day of May,
2021, by Richard Hansen, Mayor of Blair.
GENERA- NO of Nebraska
SARAH R. BACKMAN
My Comm. Exp. April 10, 2025
STATE OF NEBRASKA
) ss:
COUNTY OF WASHINGTON )
I'" P),
Notary Public
By:
Rebeccca h` Fox
By:
-Y6'r G. Fox
The foregoing instrument was acknowledged before me on the day of
May, 2021, by Rebecca L. Fox and Jerry G. Fox.
GENERAL NOTARY - State of Nebraska Notary Public
BRENDA R WHEELER
My Comm. Exp. June 20, 2024
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