2021-39RESOLUTION 2021- 39
COUNCIL MEMBER SHEPARD 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 Thanh Huynh to include
extension districts for paving and storm sewer, water, and sanitary sewer services for the final plat
for the subdivision legally described as: West Valley 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 SHEPARD MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SCHANK.
UPON ROLL CALL, COUNCIL MEMBERS SCHANK, ENSEN, HALL, WILLIS, RUMP,
STEWART AND SHEPARD VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING
"NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
APPROVED THIS 23RD DAY OF NOVEMBER 2021.
CITY OF BLAIR, NEBRASKA
BYJ,
R�ARD HANSEN, MAYOR
ATTEST:
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B ESLER, CITY CLERK
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STATE OF NEBRASKA )
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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 23rd day of
November 2021.
BRENDA WHEELER, CITY CLERK
DEVELOPER AGREEMENT
THIS AGREEMENT made this 14th day of December 2021, by and between the City of
Blair, Nebraska, hereinafter referred to as "City", and Thanh Huynh, hereinafter referred to as
"Developer".
WHEREAS, Developer has submitted a final plat for the subdivision legally described as:
All of Block 18, Dexter's Addition, City of Blair, together with all of Block 7, Dexter's I`
Addition, together with that portion of the Nebraska Street right-of-way adjacent on the south, as
surveyed, platted and recorded in Washington County, Nebraska, and with vacated Park Street
right-of-way adjacent to both Block 18 and Block 7 and together with Tax Lot 471. In Section 11,
Township 18 North, Range 11 East of the 6`t' PM in the City of Blair, Washington County,
Nebraska, together with that portion of the Nebraska Street right-of-way adjacent to the south,
being more particularly described as follows:
Beginning at the corner of said Block 18, thence on the east line of said Blocks 18 and 7, and west
right-of-way of 24`h Street, S02 33'56"E a distance of 711.65 feet to the north right-of-way of
Nebraska Street; thence on the on the north right-of-way of Nebraska Street, S87 33'56"W a
distance of 711.74 feet; thence N53 19'46"W a distance of 99.04 feet; thence N30 21'30"E a
distance of 773.28 feet to the north line of said block 18; thence on the north line of Block 18, N87
42'02"E a distance of 368.16 feet to the NE corner of said Block 18, and the west right-of-way of
24`h Street, and the point of beginning; said tract has an area of 422,620.27 square feet, or 9.70
acres more or less. (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 to the subdivision: and,
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NOW, THEREFORE, IN CONSIDERATION OF MUTUAL COVENANTS AND
BENEFITS TO EACH PARTY AS SET FORTH HEREIN, IT IS AGREED AS FOLLOWS:
1. Developer shall file 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 Lots 1 through 26, West
Valley Plat according to the terms of this Agreement.
2. CITY SPECFICATIONS 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 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, 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
acknowledgeable 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 additional detention. The City, at its own election, has elected
to eliminate the need for the surface detention basins. It is specifically agreed between the
parties that City will be responsible for the increased costs associated with the installation
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of over -sizing stormwater pipe required for stormwater detention and that such increased
costs shall not be assessed to individual lots. The Developer will only be responsible for
stormwater system required to meet the normal storm water runoff.
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 cash payment shall be credited as a down payment towards the
cost of the paving and storm sewer, water and sanitary sewer improvement district
assessments. If the Developer at any time 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:
Notwithstanding the engineering design contract fee payment referenced in Section 3,
Developer hereby agrees to pay upfront zero percent (0%) of all construction and
construction engineering costs attributed to such districts that benefit his/her subdivision.
All construction and construction engineering costs attributed to such districts shall be
assessed to the benefitted lots as described in Section 6.
6. ACTUAL CONSTRUCITON 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
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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°/x) 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, engineering costs and city borrowing interest 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. It is expected that all specially assessed costs to be paid by the
Developer shall be assessed on a per lot basis equally divided based on the number of lots
contained in the approved final plat. 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.
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
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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. 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.
10. 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.
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 Lots 1 through 26 West Valley Plat, An Addition to the City of
Blair, Washington County, Nebraska including a proposed public street 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
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described herein for Lots 1 through 26 of West Valley Plat. 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 North 2511 Circle, said road to remain a public street.
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:
Brenda Wheeler, City Clerk
By: �{
Th Huy
Owner
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CITY OF BLAIR
By: Co j j
Richard Hansen, Mayor City of Blair