2020-38RESOLUTION 2020-38
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS the City of Blair, Nebraska has been presented with an Agreement between
the City of Blair, Nebraska, and the State of Nebraska, Department of Transportation, to define
the terms and conditions applicable to the Parties for utilizing State Economic Opportunity
Program Funds in a manner consistent with Neb. Rev. Stat. §39-2806 for support of a new
economic development project.
WHEREAS the project will involve an extension of existing 10th St. to create a connection
from the current intersection of 10th and Wilbur St. to US -75. The 10th St. extension will be
constructed to be approximately 31 ft wide and 9 inches thick to tie into current 10th St. The road
will be on a new alignment with new ROW obtained by the City of Blair. The project is anticipated
to include all activities associated with constructing a roadway, including but not limited to
engineering, design, grading, paving, culvert work, guardrail, utilities, and ROW.
WHEREAS the City of Blair has determined the project meets the objectives of the EOP
because it provides a transportation connection that is anticipated to be instrumental to creating
high quality jobs and spurring private capital investment within the state.
WHEREAS, the terms and conditions of the Economic Opportunity Program Agreement
are acceptable to the City of Blair, Nebraska, and the State of Nebraska.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA, that the Economic Opportunity Program 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 Agreement on behalf of the municipality.
COUNCIL MEMBER FRANK WOLFF MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER MINDY
RUMP. UPON ROLL CALL, COUNCIL MEMBERS HALL, WOLFF ANDERSEN, WILLIS
RUMP AND STEWART VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING
"NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
APPROVED THIS 13TH DAY OF OCTOBER 2020.
CITY OF BLAIR, NEBRASKA
BY
RICHARD HANSEN, MAYOR
ATTEST:
&Jk1,1A j
BRE HEELER, CITY CLERK
) :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 13th day of
October 2020.
XA44/4 416 4,tx-q�
BRENDA WHEELER, CITY CLERK
STATE OF NEBRASKA, DEPARTMENT OF TRANSPORTATION / CITY OF BLAIR ECONOMIC OPPORTUNITY PROGRAM AGREEMENT
STATE OF NEBRASKA, DEPARTMENT OF TRANSPORTATION / CITY OF BLAIR
ECONOMIC OPPORTUNITY PROGRAM AGREEMENT
THIS AGREEMENT; is entered into by and between the State of Nebraska, Department of
Transportation, hereinafter referred to as.the "State", and the City ofBlair, 218 S 16th ST, Blair,
NE 6.8008, -hereinafter referred to as the "LA and who together will be collectively referred to
as Ahe• "Parties".
Tho purpose'of this Agreement is to define the terries and conditions applicable -to the Parties for
utilizing State Economic Opportunity Program apids.(lieroinafter "EOP Funds"), in a manner
consistentwith Neb. Rev. Stat;. §39-2806. Nebraska'law provides for the expenditure of EOP -
Furids'.to friiance transportation improvements to attrde and supp.oit ilew businesses. and business .
expgnsions by successfully connecting such businesses to Neraska's multimodal transportation
network, and to increase ezzlployment, 'create high-quality jobs,' increase business investment, and
revifalize n-Lr61• and other distressed afeas- of the state.
hi. consideration of the mutual promises and i rhderstandiiigs ofthe Parties specifically set forth
herein; the State and the LA jointly agree to the following_
L-Projeet• Description/Objective:•
Project Location: 1.01 ST extension from Wilbur ST to ITS -75 in �laix, �
Current Jurisdzctio7nal Authority: City of Blair
Xey Project �eatures:and ProjegtDeseriptiori/Objective: " .
The project will involve an. extension of eXisting 10�` ST to. create a connection from the current
intersection of 10th and VJilbur:ST.to tJ'5-75. The 101' ST e'Mer�ion•will bb.c4nsfr.uctedtq be
approximately 31 ft wide and 9 in thick to tie ii , current. loth ST. The road will be on a new
alignment with new ROW obtained. by, the'City of B1aif. Th� project is anticipated to include all
:• activities associated with constructing a roadway, including but. not limYted to 'engineering,
design, gxaditIg, paving, culvert work, guardrail, utilities,, and ROW.
The City of Blair determined that construction of the roadway is necessary to meet the
Business's plans for the site. The site is' easy to. develop.vn.th minor topography challenges which
means development can occur •on the site with ihinirnal costs to the' company: This project meets
the' objectives of the EOP because it provides a transportation connectiaxi that is anticipated to be
instrumental to creating high quality jobs.and spurringprivate•capital investment within the state. ,
by both the present company and future tenants along the roadway,
The parties are aware of the anticipated future.construction of the Blair South Bypass (the
Bypass) -in the area near this EOP project, however the parties agree this EOP project has
independent utility and value as a transportation connection regardless of whether or when the
Bypass -is constructed in the future in that it provides connectivity to US -75. Construction of this
EOP project isnot being undertaken because of the Bypass project, and will be undertaken
independent fiomthe. anticipated Bypass project. However, if the Bypass project,moves forward,
-----------.. _ -• -------------. __.____.
S-EOP-89(31) Pagel of 7
Project No.
Control No. 22825 Agreement No. AL2106
STATE OF NEBRASKA, DEPARTMENT OF TRANSPORTATION / CITY OF BLAIR ECONOMIC OPPORTUNITY PROGRAM AGREEMENT
the City of Blair will take all steps necessary to ensure that this EOP project has no negative
affect the planning, construction or completion of the anticipated Bypass project.
1.2 Individual/Entity with whom Local Authority will partner to complete project (referred to herein as the
`Business")(Name and Address):
DG Distribution Midwest, LLC
100 Mission Ridge
Goodlettsville, TN 37072
1:3 Estimated Positive Economic hnpact resulting from the Project:
.Wadi i' atednupiber ofhew jobs
300'
Amici atednumlaer,ofretained'obs
Total
Aufici ated • 'rivate cal5ital investment
$85,000jQ00
Villa e/C' _500/area inn acted by improvement
Ci of Blair:.
HDivision and ReimburOi ept of Costgc
Type of Work
EOF Funds
LA Funds
Total
Preliminary Engineering and Property
Ac i isitioir
$100,000 ;00 ' :
$150,OQ0.00 ::
$250,000.00
Construction.
$350,000.00,
$525,000;00'
••$875,000.00
Pro'ect Closeout .,
•$50,000.00
47$,00.0.00 00.0.00 ,
$125,000.00 ;
TOTAL:
$50000.00.
$750,000.00:
■ - -a
$1,250.000.00
, �;�
Note; ; These are estrmatectco4ts. actual costs auu yay.0,, tvx�L0 W�,UQ
u�..u.u.,-
. 2..1 Eligible construction and engineering expenses (hereinafter "Eligible Expenses") i.nclude.the
necessary, reasonable, and custor9iary costs, fees and other xpenses drat eare incurred to complete
a transportation prcjedt, and are deteimiined solely at tlie'discretion of the State. Expenses Which
are generally eligible include; but are not lirrited to, the usual and customary design; engineering,
construction; inspection,. and right of way expenditures: Expenses Which are generally ineligible' -
include, but are not limited to, utility placement and/or established utility relocation, refinancing.
or payment of existing debt, and bettermeirts. or improvements which are`above and beyond the
original scope and objective of the trarisportatioli project;
2; 2 The State will reimburse the LA for Eligible Expenses incuured upon the project subject to a
ivagimium reimbursement amount of 75% of transportation project costs or $500,000.00.
Any remaining balance shall be the sole responsibility of the;L' A. The LA is responsible for
ensuring that funds are available to meet its obligations as set forth in this Program Agreement,
including the availability of fiords necessary to coinplete the project if the State's maximum
reimbursement amount is exceeded.
2.3 The State will disburse EOP Funds to the LA in accordance with the following Phasing schedule:
a. Phase 1: Preliminary Enkineering and Property Acquisition: 206/o of the State's EOP
Funding will be disbursed to the LA upon:
_. _.__...._..._.__.__._------_.._...... Page 2 of 7
Project No. S-EOP-89(31)
Control No. 22825 Agreement No. AL2106
STATE OF NEBRASKA, DEPARTMENT OF TRANSPORTATION / CITY OF BLAIR ECONOMIC OPPORTUNITY PROGRAM AGREEMENT
i. 'documentation that the LA governing body has formally approved and set aside all
matching funds identified herein to be utilized for the completion of this prof cot;
ii. documentation that the Business has officially and formally committed to the project
in a writing received by the LA (the LA/Business Program Agreement may suffice);
iii. verification of compliance with all right-of-way requirements and completion of
final design plans consistent with provisions 3.1, 3.2.a and 3.2.b below; and
iv, receipt of a billing invoice/request,for reimbursement setting forth all Eligible
Expenses thus far.
b, Phase M. Construction: An additional,70% of the S.tate's EOP Funding will be
disbursed to the LA according to the following. schedule:"
. • i.. Initial 30%upon: .. . '• .
A. documentation of a proper.y;awar e construction contract for the project:
consistent with provisions 3:1' and 3.2.c below, sltoh that oonsiruction is
readq to commence; and
B. receipt,of a billing invoice/request for reimbursexinerrt setting•forth all
Eligible Expenses thus far.
Additional 40% upon:
A. • completion of approximately one..half of pxoj ect construction in a manner
consistent with.provision0.1. grid 3:2;d.
B. receipt of.a billing invoice/request for'reimbuTsement setting forth all
Eligible Expenses thus far.
'e. Phase III: Project Closeout: The final.disbilrsement of EOP Funds; up to the final
10% oftlie original EOP fanding.amount;;but in no event in excess.of the total expenses
eligible for reimbursemeint, v1i11 bepaid to the LA upon receipt'of:
i.. a fmal billing invoice/request for reimbursement which- sets forth a complete
and final accounting of all Eligible`.Expenses incurred to complete the:
project, as more specifically'set fprth�in provision.,2A.b below; and
Il. ' a fol and complete copy of the as-liiult plans.
2.4 a. All billing invoices/requests for•reimbursomeht must be submitted by the LA in a manner
consistent With the State's billing. pr'oces'sing system so that timely payment may be made, and
must include all neee8sary state and federal tax documentation required by the State to process
payment..Billing invoices/requests for'reiinbursement shall only be submitted -to the. State after
amounts due eX.ceed $.1,000.00, and shall be submitted to the'State no more frequently Phan
monthly. Billing invoices/requesfs for reimbursement by the LA must contain adequate
documentation to substantiate the'expenses incurred, and to determine compliance with the EOP
program application and this Program Agreement: Noncompliant invoices or requests for
reimbursement will not be paid; notice and explauatiotl of a noncompliant invoice or request for
reimbursement will be returned to the LA within ty* (3 0) days of receipt by the State.
b. The final billing invoice/request for reimbursement to the State must reflect the total final
amount due, the total incurred cost of the improvement, less previous payments made to the LA,
and less funds applied to the cost of the improvement by the LA. The final billing invoice/request
for reimbursement must be received no later than one year from the date of completion of the
project; if a final izivoice is not received within one year of completion of the improvement, the
most recent billing invoice/request for reimbursement received by the State will be considered the
Page 3 of
Project No. S-EOP-89(31)
Control No. 22825 Agreement No. AL2106
STATE OF NEBRASKA, DEPARTMENT OF TRANSPORTATION / CITY OF BLAIR ECONOMIC OPPORTUNITY PROGRAM AGREEMENT
final invoice submitted upon the improvement, and any and all obligation by the State to pay
additional funds will terminate.
2.5 All obligations set forth in this Program Agreement, including all obligations of the State to
reimburse costs as set forth herein, shall terminate immediately without penalty or further
payment required if, in any fiscal year, the Nebraska Legislature fails to appropriate or otherwise
make available funds for the work contemplated herein. In such an event, the State will provide
the LA with written notice setting forth the effective date of termination:
XII, Additional Obligations, Declarations, and eertilfications: .
3: l 'The LA agrees to comply with all- federal, state acid local laws, ordinances, rules and regulations
relating to'tlre activities carried out by .the LA under this Prograrri Agreement; including but -not'
limited to the requifements of the Unifgrmi Relocation Assistance and.Real Property Acquisition .
Policies Act of 1970 (the-Uiiiform Act);•Neb: Rev. Stat.. §4-108 to 4-114•to utilize a.fed
era
l
immigrI ation v6rificatioin system to determine the work eligibility status of neve employees
liysically.'perforrxring services •within•the State dXebraska; Neb. Rev. Stat. §§48=1101'tbrough
48-1126, known as.the Nebraska Fair �mploymeni Practices Act; Neb. Rev. Stat. § 81.3 445,
goverliing'the use of professional architects or engineers for projects which, exceed $1:00,000; and '
Neb.Roy.Stat,§.81-3437 xegriiring designation of a coordinating professional.
3.2 -The, LA shall be responsible for all aspects of'this.pxoject, including managemex t; ,planniing,
design, right -of way aetivities, bid letting, construciign; constittction engi-ueering and future, ,
operation and maintenance of this project, 'and:•shall 'dnsure•that no'a'spect of tilts project interferes
with the planning, construction or completion of the anticipated Blair South Bypass project
anticipated Nearby. the LA agrees that its failure to corrmply.with the terms 6f -this Program
Agreement may lead to•the State, iii its sole discretion, vvithdra�ving funding fox the project as
more specifically set forth lir provision 3.5 below. The LA•agrees to supervise and oversee all
engineering and constr-4ction of the project in a irianner consistent.wA the terms of this Program .
Agreement, and in a manner.whi&h meets all.6riteriit applicable to the project as determined by
the State, including but not limited to:
a. Prior to advertising for bids for the .pxoj ect, the LA must certify to the State that all
necessary right=o£ way, temporary and permanent easements, and temporary use permits have
been properly obtained by the LA and that the p eject is legally prepared to proceed. The State
may;, in some circumstances, require -that a dedication of property be macre to the ownership of the
LA to ensure that funds utilized upon the project result in a meaningful contribution to a purpose
generally beneficial to the citizens of the State of Neblaslca.
b: The LA must provide plans which have been prepared'and signed by a licensed'
professional engineer for the State's review; and;the State must review all plans and
specifications prepared by the LA prior to.lettiiig. III the,event the project connects to, physically
touches or impacts a portion of the state highway system; the LA must provide plans for review
which meet the higher NDOT standard, highway design and construction requirements applicable
to State highway projects.
c. After the State's review, the LA will advertise the project, accept bids, and award the
contract for construction of the project in a manner consistent with applicable state and local law.
The State shall be entitled to terminate this Program Agreement in the event no -contract has been
.. _._ ........_ Page 4 of 7
Project No. S-EOP-89(31) Agreement No. AL2106
Control No. 22825
s
STATE OF NEBRASKA, DEPARTMENT OF TRANSPORTATION/ CITY OF BLAIR ECONOMIC OPPORTUNITY PROGRAM AGREEMENT
awarded by December 31, 2021 and recovery of EOP funds disbursed thus fax to the LA may
commence as more specifically set forth in provision 3.5 below.
3.4
3.5:
3.6
d. The LA`is required to oversee construction to ensure the project is constructed as
described or shown upon the approved plans, specifications, and estimates, or as amended by any
approved change orders.
e. Review of any kind by the -State pursuant to this Program Agreement shall not be
considered a full and comprehensive review or exaiiaination.of the work product of the LA. and/or
its consulfiants, and shall not be construed to be- art undertaking' or assumption of the LA's and./or
its consultants' duties to provide appropriate design plans for the Project, to appropriately
advertise the project for bids and let the project, and to. accurately'constluct the project according
to plans: The State makes no represeiftations nor warranties, neither express nor implied; t . any
Person or entity concerning the pe:rforrriance of the terms of this Program Agireement by the LA, .
its consultants, and/or contractors, or the -performance of the Program; Agreement between the LA' '
and 'the Business.
The LA shall maintain records and documentation of the project'for at•least five years after.
tetxrtination/expira. on of this Program Agreement, including but not limited to: books kept in
accordance with generally accepted accounting -p detailed records of.eXpenclitures;
recipients. and uses of all funds paid and dish'ursed in conjunction with this Program Agreement,
as well as fmal'design plans, as -built plans,, and structural material certifications. The LA- shall
make sue$'documentation available to the State to,copy or review upon request, within .a
reasonable time period,. and in particular iri a•rnanrier sufficient to allow the State to comply with
internal or external audit'requirements:.-
'The LA must•retain an annual econoinic impact progress repgrt for each subsequent .year after
coimpletion of the project, for, a period of five consecutive years after completion of the project:
The, LA'mi!st share the mutual progress report=with the State. upon request in years orte through .
four, with the report to the State xe' hired in .year five after d6inpletion of the pxoj cot..
In the event the -LA fails to meet the terms of this Prbgiam Agreement, or in the •eveiit the '
Business does not fulfill its commitment to locate operatibns onthe'site or'demonstrate positive•
economic impact as conteinplated'or described within provisions 1:1 and 1.3 of this Program.
Agreement, the State may imruediately:
a:.'provide the LA with nbtice'of tormination of this Program Agreement, and may
immediately demand from the LA reimbursement and repayment of all EOP funds disbursed thus
far under this Program Agreement; or
b. in the alternative, provide the LA with notice of breach of this Program Agreement'
and allow the LA a reasonable time to cure the breach. However, allowing the LA time to cure a
breach does not waive the State's right to terminate this Program Agreement under 3.5.a for the
same or a different breach which may occur pending resolution of the izutial breach. If breach is
due to one of the identified Businesses withdrawing from their commitment to locate operations
on the site, LA's cure of the breach may include the substitution of another Business that meets
the criteria established by the EOP panel, and which is willing to execute a Program Agreement
with the LA as set forth in provision 3.6 below.
The LA is required to -enter into a separate Program Agreement with the Business named under
provision 1.2, above. Said Agreement must require the Business, at a minimum:
_.. ___. _............_.....- __.._... _ _ Page 5 of
Project No. S -BOP -89(31) Agreement No. AL2106
Control No. 22825
STATE OF NEBRASKA, DEPARTMENT OF TRANSPORTATION/ CITY OF BLAIR ECONOMIC OPPORTUNITY PROGRAM AGREEMENT
a, to utilize EOP funds in a manner which complies with this Program Agreement
between the State and the LA;
b. to indemnify and hold harmless the State from any and all claims, demands, or
actions based upon, or arising out of the negligent or willful acts or omissions of the Business
and/or its officials, officers, employees, agents, associates, contractors, or subcontractors in the
performance of the Program.Agreemeint between the LA and the Business; or in meeting the
terms of this Program Agreement between'tlie LA and the State;
c, to retain records consistent with provision 3.3 of this Program Agreement for a period
of five consecutive years after completion of the project, and to provide the LA with all
information necessary fox it to submit its mandatory amival-pi•ogress report to the State in ;
accordance with provision 3•.4 of this Agfeement. .
d, to provide for the repayment of EOP Funds to the LA in the event of a default or unmet ,
obligations by the,Business. .
3.7This Program Agreement comrriences=upon signature by the last of all required signatories and -
teririiriates 30 days after the State's receipt of the final annualptogress report (provision* 3.4)
i7nI' terininated sooner pursuant to the terms set forth herein, dr by the written* mutual agreement .
of 'the Parties. -
3.8 This Program .Agreement, a6g witl 'any and all agkhrnents ba d items incorporated by
referenees•herein; contains the entire agreement between the Parties. This Agreement shall be
binding upon agd inure�to the benefit of the Parties hereto, their subcessors and assigns. The LA
shall adopt all necessary ordinances and/ resolutions as may be necessary to give' full force and
Abet to the terms of this Program Agreement:
3'.9 Th LA Agrees to hold'the State harmless fronr.any and all claims, demands, or actions'based_
upon or -arising out of the negligent or willful acts'or omissions of the LA and its officials,
officers, employees, agents,'associates, contractors, or subcontractors in the performance of this
Program Agreement, or the performance of the Program Agreement between the LA and the
Business. .
3.10 Nothing in this Program Agreement should be construed in any manner as creating or establishing
a joint relationship or partnership between ilie parties, nor shall either party have the right; power'
br' authority to cxeate any obligations or duties, express or implied, on ehalf of the other party:
IV. Attachmeiits
4.1• Application
4:2 Agreement between City of Blair and DG Distribution Midwest, LLC
Project No. S-EOP-89(31) Page 6 of 7
Control No. 22825 Agreement No. AL2106
STATE OF NMASKA, DEPARTMENT OF TRANSPORTATION/ CITY OF BLAIR ECONOMIC OPPORTUNITY PROGRAM AGREEMENT
V. Final Affirmation and Signatures
IN WITNESS WITEREOF, the Parties acknowledge they have read and understand this Program
Agreement, and that they execute this Program Agreement pursuant to lawful authority granted
-to them, effective upon the date set forth by the last signatory below:
EXECUTED by the LA this 22 day'of ne > 20 .,7/:.
Printed Name of Official, including% Title
Signature
EXECUTED bythe tate this �P day of _, 20.4%
ector, •Nebraska D'eparhnent of Trate' portation ;
_..-• -
-----
Project No. S -EOR -89(31) Page 7 of 7
Control No. 22825 Agreement No. AL2106
NEER ASK
Good Life, Greet Journey.
PEPARTIIGNT OF ROADS
sponsor Information
y
,z
Name of Applying Agency City of Blair, Nebraska
Type of Entity ❑✓ City ❑ County ❑ MPO
Primary Contact Name Rod Storm
E-mail rstorm@biairnebrasi<a.org
EIN# 47-6006106
Mailing Address 218 South 16th Street
Blair, Nebraska 68008
Firm Information
Firm Name (optional) Project Emerald
Industry of Proposed Development (NAILS and/or SIC#)
Current Firm Employees
Total 0
In -State 0
Other Sites in the State Fremont, and Gretna
Why is the firm proposing to expand at this site?
❑ Village ❑ Other
Phone 402-426-4191
At This Site 0
(if already present)
The site is well served by transportation links such as Highway 75 on the south. Blair is well
served with four Federal and State highways intersecting within Blair. Federal Highways 30
and 75 provide all routes in any direction great access. State Highway 75 and 133 provide
great access to the Omaha metro area. The site also has all utilities readily available to serve
the site and new development. The site is easy to develop with minor topography which
means the developer can develop on the site with minimal costs to the company. Blair is in
the. final design stages of the Blair South Bypass Project that will develop a three lane road
from Highway 75 to Highway 30 to the west providing a great connecting link to the 10th
Street intersection with Highway 75 for the new development. The bypass will link up
Highway 75 and Highway 30 along with Highway 133 just a short distance from the proposed
site.
Page 1
Project Onformatioal
Project Location
10th Street at the intersection of Wilbur Street extending southernly to intersect with Highway
75 at the intersect of Highway 75 and planned Near South By Pass.
0 Submit attachment (Please submit a map of the proposed project)
Total Project Cost* $1,250,000
❑✓ Submit attachment (Please attach Engineer's Cost Estimate)
Amount Share of Cost
Local Match (Excludes State Funds) 750,000 60%
EOP Grant 500,000 40%
Other Sources 0 0
Funding sources for match (list)
City will will create a Street extension District with all the cost being assumed by the City as
City benefit. Bonds will be issued to cover the cost over 20 years.
i
Description of Project
Extension of 10th Street from the Wilbur Street intersection to the south for approx. 1800 feet
to a new intersection with Highway 75. 10th Street extension will be constructed with PCC
materials, 31 feet wide and 9 inches thick. Road will be on a new alignment with new
ririht_nf_%n1au nhtninprl hu r`.ity of Riair
1
Key Features
❑ Bridge F1Culvert ❑Resurfacing
❑ Signal ® Railroad F] Safety Upgrade
✓
New Roadwa
E] New Turn Lane FJ Widening ❑ Y
ROW Required? ❑✓ Yes F] No
j Environmental Sensitivity? E]Yes FJ No
i
Does the project involve a railroad? ® Yes ❑✓ No
f
Best Possible Start and End Dates Start by May 1, 2021 with completion no later than October 1, 26
How does the proposed project fit into the overall local transportation function?
10th Street extension is a part of the City of Blair's long rang transportation program to serve
the industrial areas in the south and east part of the city. This connecting road will provide a
vital transportation link from the heart of the city's industrial park to Highway 75 and southern
areas of the city's industrial park. it will also provide a direct non highway 75 access to the
property to the south of the current project.
i' *Only transportation -related items can be included in total project cost. Eligible transportation cost elements include design, preliminary
engineering, right of way acquisition, construction, inspection, and in some circumstances, utility relocation." Page 2
Project Information continued
How will other road users benefit from the project investment?
Once the industrial park is fully built out other business in the area will be able to use this
road, and help keep truck traffic away from side streets and downtown.
Economic Development*
Describe the anticipated development
This development will be over 850,OOOsq foot distribution center for a fortune 500 company. It
will have between 400 and 485 semi -trucks daily with an additional 350 passenger vehicles
daily.
How does the project directly support the proposed development?
The 10th Street extension will provide a direct access to Highway 75 for the 300 trucks going
In and out of the new warehouse distribution center. Without the 10th Street extension the
development would not have any access to the property or transportation links surrounding
tha nrnnwrt%r
Describe any potential for future economic development leveraging the project or current development, such as
nearby developable land, suitable zoning or utilities, etc.
There already development in the same area as this proposed development that will be able
to quickly access Highway 75 that does not currently exist. Further, surrounding property
industrial zoned property will have a new access to city streets and Highway 75 that does not
exist allowing for further development of the area. There is over 80 additional acres within the
industrial park of the city that can be developed with the 10th Street extension that is not
available now.
Anticipated number of new jobs 300 or so with 350 by year 3
Anticipated number of retained jobs 0
Anticipated private capital investment $85,000,000+
Will the development result in a reduction of jobs at any other site in the state? ❑ Yes No
If yes, please explain;
*"Jobs" in this application refers to permanent, non -construction jobs. page 3
Economic Development continued
Average wage of jobs
OR
NAICS 5 -digit codes (include certification that wages will be in the normal range for given classifications)
Average salary of $33,280
Has any NDOR or NEDED staff been involved in the development?
[✓� Yes — This person's contact information Kris Benson
❑ No
Why is this location suitable for this development?
The site has access to Highway 75 on with the 10th Street extension allowing the large
number of delivery trucks to quickly move throughout the state using the states Federal and
State Highway system. Most deliveries will be made in most communities large and small
within Nebraska and Iowa from this location
What stage of planning is the proposed development? Please provide any supporting documentation,
such as a letter of intent, building permits, applications, etc. ❑✓ Submit attachment
in final negotiations on purchase of the land. Finalizing location of proposed 10th street
extension and total land to be purchased.
Community Preparedness and Support
Status of utilities and other supporting infrastructure
F,71 Exist ❑ Funding allocated ❑ None
❑ Installation begun ❑ Local approval
Explanation:
Blair installed both a 12 inch water main and 12 inch sewer main when 10th Street and Wilbur
Street were built in 2001 for the purpose of providing city utilities to the undeveloped industrial
areas on the southeast side of the city. Both water and sewer mains will need to be extended
to this site for the proposed development, but the extensions will be minimal costs and are
sized and ready to serve the site for the proposed development. Page 4
community Preparedness and Support continued
Please provide any letters of support from local governmental, business, or economic development entities, such as
city councils, mayors, economic development offices, chambers of commerce, etc.
❑ Submit attachment
Is the project part of a transportation plan or larger planning strategy?
The 10th Street extension is a part of Blair's overall transportation plans beginning with the
original development of 10th Street and Wilbur Street 20 years ago. 10th Street is classified
as a major collector street running from Wilbur Street on the south north through the city to
points north of Blair. With; the extension of 10th Street to Highway 75 will allow the street to
be connected to both Highways 75 and 30.
Describe the impact of the development on the local community.
The project will have a positive impact on the community by providing a good clean industry
with with good jobs to diversify the community's ag dominated economy, with the only down
side the impact from additional truck traffic which will be partially mitigated by the construction
of the 10th Street extension. Completion of the the Near South By Pass and a future planned
northern highway By Pass connecting east US Highway 30 to North US Highway 75 will be
needed to minimize effect of truck traffic from Droiect Emerald and allow the existing Bio
IM
Signature of Authorized Applicant Representative
Z) e /0 /,- o a
Page 6
CONFIDENTIAL
f)I'J%0JF,CTFIV1ERAl.D SPECIF111"ATIONS
DRY AND PERISHABLE GOODS Dis,rRIJ.-WITION CENT Flt LOCNI'lDN PROJECT
FORSYTHE &
ASSOCIATES
Investment Estimate
- Real property Improvements
$65 million
- Personal property
$20 million
- Total
$85 million
Full-time Employment Estimate (2 -3 -year ramp -up)
- Distribution center (direct)
300
- Loaders/unloaders and security (indirect)
45
- Total
345
fZA -
Electricity
- Temporary service
480/277 volt — 3 phase, 4 wire
- Peak demand
2,800 I(W
- Hours per day at full peak
4 hours
- Average demand
2,500 W
- Usage (I(Wh/month)
1,150,000 I(Wh
Requested service voltage — primary voltage
12.47 kV, 13.2 I(V or 13.8kV
Estimated load factor (%)
56%
Estimated power factor (%)
90%
Natural Gas (building heat only)
- Volume required
1,600 mcf/month
- Minimum pressure required
2 prig
Water
- Total domestic volume
30,000 gpd
- Fire protection
2,000 gpm at 150 psi
Wastewater
- Total domestic volume
30,000 gpd
Truck Activity
- inbound trucks per day
250-325
- outbound trucks per day
150-160
Passenger Vehicle Activity
- Daily inbound/outbound movements
345-360
FORSYTHE &
ASSOCIATES
FORSYTHE &
ASSOCIATES
v_tf'
LAN
July 10, 2020
Anthony L. Coins, Director Mike Rooks, Director
Nebraska Department of Economic Development Washington County Economic Development
301 Centennial Mall South, 4th Floor Gateway Development Corporation
Lincoln, NE 68509 1646 Washington St, Blair, NE 68008
Dear Mr. Goins and Mr. Rooks:
Forsythe & Associates (F&A) has been engaged to assist a company with the location selection decision
for a new perishable and dry goods distribution facility (Project Emerald). The project includes a capital
investment of approximately $85 million, 300 full-time company employees at an average annual salary
of $33,280 (approximately $10 million in payroll), and up to 45 full-time contract employees. All
positions are expected to be in place within three years of the certificate of occupancy being issued and
all company employees will receive a generous benefits package.
The company team has identified finalist location options in the multistate region. The goal is to select
the preferred real estate solution in early Q3 2020, complete the real estate transaction as soon as
possible thereafter, and begin construction.
Upon determining the key location criteria and screening the search region, the Blair South Business
Park Site has been identified as a finalist location. As we enter the final phase of the site selection
process, F&A is seeking a formal incentive proposal in support of the project. We are seeking a timely
response to this request for proposal, as well as a commitment to the timely delivery of the incentives
that you will be offering this project. Please include documented commitments from the state,
community, and any other incentive granting agencies (e.g., utility service providers) on the appropriate
letterhead and signed by an authorized individual.
Please be sure to include commitments that can reduce initial costs to the project (grants;
permit/impact fee waivers; sales tax exemptions; recruiting, screening, and training support; etc.) and
inducements to assist with minimizing recurring costs (income, sales, and property tax
abatements/exemptions, utility rate riders, etc.). We ask that your proposal be submitted to me by
email(Teff@forsytheandassociates.com) no later than Thursday, July 16, 2020.
We appreciate your efforts in support of this project and thank you in advance for your prompt and
thorough attention to this request. As a reminder, confidentiality agreements have been executed with
the Nebraska Department of Economic Development and the Washington County Gateway
Development Corporation.
Please call with any questions.
Respectfully,
Jeff Forsythe
+1-864-5344.1922 2.13.1 Woodruff Rd, Ste. 21001!185
jeff@V forsytheandossodotes.com Greenville, SC 29607
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Project Iegnth:1,060 feet
Project description: Construct 31 -foot wide curbed roadway on new alignment with storm sewer and 10 -foot wide trail.
QUANTITY .
UNIT "
UNIT PRICE
EST. AMT,
ITEM
GENERAL" ''•
LS
$26,000,00
$25,000
MOBILIZATION
1.0
LS
$5,000,00
$6,000
GENERAL CLEARING & GRUBBING
EA
$1,60D.00
$3,000
CONSTRUCTION ENTRANCE
2
LS
$6,000,00
$5,000
SIGNS
1,0
1,0
LS
$16,000.00
$15,000
EROSION CONTROL
1A
LS
$5,000.00
$5,000
CONSTRUCTION BARRICADING
GROUP SUBTOTAL
380,Otl0
SURFACING
6,776
SY
:
$66,00
r
$440,440
10" CONCRETE PAVEMENT
6,776
SY
$2,00
$13,652
SI BGRADE PREPARATION
2,031)
SY
$56,00
$112,090
8" CONCRETE SIDEWALK
SY
$70,00
$6,660
9" CONCRETE SIDEWALK ((;URB RAMP)
04
$24,00
$760
DETECTABLE WARNING PANEL
32
SF
GROUPSUBTOTAL
$673,430
GRADING.
1.0
LS
$120,000.00 $120,000
EARTHWORK
EARTH SHOULDER CONSTRUCTION
39,0
STA
$400.00 $1500
$136,800
GROUP SUBTOTAL
STORM"SEWER
12
$5,000,00 $60,000
CURB INLET
4
$4,600.00 $16,000
AREA INLET
186
-LF -
$40,00 $7,440
1b" REINFORCED CONCRETE PIPE
t
$45,00 $31,524"
18" REINFORCED CONCRETE PIPE
700
$65,00 $62,000
REINFORCED CONCRETE PIPE
800
$100.00
$40,000
36"REINFORCED CONCRETE PIPE
400
EA
$1,000,00 $1,000
3 8" CONCRETE F.E.S.
1
GROUP SUBTOTAL 3209,940
STRIPING'&'SIGNS' ,
LF
6" YELLOW PREFORMED PAVEMENT MARKING
4760
GROUP SUBTOTAL $21,378
CITY OF BLAIR/PROJECT EMERALD
ECONOMIC OPPORTUNITY PROGRAM AGREEMENT
THIS AGREEMENT is entered into by and between the 0 of Bla1r, 218 S 16'x' ST, Blau, N.,
68008, hereinafter the "LA", and Project Emerald, DG Distribution Midwest, LLC, 100 Mission Ridge,
Goodlettsville, TN, 37072 liereinafterthe'Business", and who together will be collectively referred to as
"the Parties".
WM1 RTAS, the purpose of this Agreement is to define the terms and conditions applicable to the Pat -tics
for utilizing State of Nebraska Economic Opportunity Program Funds (hereinafter "EOP"'or "EOP
Funds), in a manner consistent with Neb. Rev. Stat. §39-2806, Nebraska law provides for the expenditure
of EOP Funds to finance transportation improvements to attract and support new businesses and business
expansions by successfully connecting such businesses to Nebraska's multimodal transportation network,
and to increase employment, create high-quality jobs, increase business investment, and revitalize rural
and other distressed areas of the state.
YOU, RE,AS, the Business has committed to a project that meets the criteria of the State's Economic
Opportunity Program; and
WHrREAS, the LA has committed to entering into a Program Agreement with the Business to
implement the project consistent with the State's Economic Opportunity Program guidelines and Neb.
Rev. Stat. §39-2806; and
WAERE,AS, the Parties understand that the LA will also be entering into a separate Program Agreemetit
with the State of Nebraska, Department of Transportation (hereinafter the "State") to implement the
project consistent with the State's Economic Opportunity Program guidelines and Neb. Rev. Stat. §39-
2806;
NOW THE, RTORE, in consideration of the mutual promises and understandings specifically set forth
herein, the LA and the Business jointly agree to the following:
1. Project Description/Objective:
1.1 Project Location: 1001 ST extension from Wilbur ST to US -75 in Blair, NE
Current Jurisdictional Authority: City of Blair
Key Project Features and Project Description/Objective:
The project will involve an extension of existing l Oti' ST to create a connection from existing
Wilbur ST to existing US -75. The 10'b ST extension will be constructed to be approximately 31
ft wide and 9 in thick. The road will be on a new alignment with new ROW obtained by the City
of Blair in a manner consistent with the Uniform Act. The project is anticipated to include all
activities associated with constructing a roadway, including but not limited to engineering,
design, grading, paving, culvert work, guardrail, utilities, and ROW.
The City of Blair determined that construction of the roadway is necessary to meet the
Business's plans for the site. The site is easy to develop with minor topography challenges which
means development can occur on the site with minimal costs to the company. This project meets
the objectives of the EOP because it provides a transportation connection that is anticipated to be
instrumental to creating high quality jobs and spurring private capital investment within the state
by both the present company and future tenants along the roadway
I Page
The parties are aware of the anticipated future construction of the Blair South Bypass (the
Bypass) in the area near this EOP project, however the parties believe this EOP project has
independent utility and value as a transportation connection regardless of whether or when the
Bypass is constructed in the future. Construction of this EOP project will be undertaken
independent from the anticipated Bypass project, however the City of Blair will take all steps
necessary to avoid any actions or activities upon this EOP project that could negatively affect the
planning, construction or completion of the anticipated Bypass project.
1.2 Estimated Positive Economic Impact resulting from the Project:
Anticipated number of new 'abs
300
Anticipated number of retained 'obs
NIA
Anticipated private capital investment
$85,000,000
village/City/MPO/area impacted by improvement
City of Blau-, Two Tier Surrounding
$
Counties, Omaha Metro area
11. Division and Reimbursement 01 (:Osis:
Type of Work
Anticipated
EOP
Funds %
LA Funds
%
Business
Funds %
Total
Preliminary Engineering and
Property Acquisition
$30,000.00
$120,000
$
$150,000.00
Construction
$465000.00
$670,000
$
$1,140,000-00
Project Closeout
$5,000.00
$5,000
$
$10,000.00
TOTAL:
$500000.00
$
It
$1300,000.00
2.1 The Parties understand that construction and engineering expenses which will be approved for
reimbursement (hereinafter "Eligible Expenses") may only include the necessary, reasonable, and
customary costs, fees and other expenses that are incurred to complete a transportation project,
and will be determined solely at the discretion ofthe State subject to the Program Agreement
entered into between the LA and the State. Expenses which are generally eligible include, but are
not limited to, the usual and customary design, engineering, construction, inspection, and right of
way expenditures. Expenses which are generally ineligible include, but are not limited to, utility
placement and/or established utility relocation, refinancing or payment of existing debt, and
betterments or improvements which are above and beyond the original scope and objective of the
transportation project.
2.2 The Parties understand that the State's maximum reimbursement amount to the LA for Eligible
Expenses incurred upon the project is 75% of transportation project costs or $500,000.00. Any
remaining balance necessary to complete the project as defined in this Program Agreement shall
be attributed as follows:
All remaining balances shall be the responsibility of the City of Blair. The City of Blair will
create a paving district to finance the City share of extending 1011, Street from Wilbur Street south
to Highway 75, with the street extension and paving project, minus the EOP State Grant, being
the financial responsibility of the City and assessed to the benefit of the public.
21Page
The LA is responsible for ensuring that fluids are available to meet their financial obligations to
complete this EOP project as contemplated by the Parties and as set forth in this Program
Agreement, including the availability of funds necessary to complete the project if the State's
inaximum reimbursement amount is exceeded or for any project costs determined by the State to
be ineligible for reimbursement.
2.3 The Parties understand that State EOP Funds will be made available for reimbursement of
Eligible Expenses upon receipt by the LA, generally in accordance with the following Phasing
schedule:
a. Phase I: Preliminary EnruineerinQ and Property Acquisiton: 20% of the State's EOP
Funding will be disbursed upon:
i, documentation that the LA governing body has formally approved and set aside all
matching funds identified herein to be utilized for the completion of this project;
ii, documentation that the Business has officially and formally committed to theproject
in this LA/Business Program Agreement;
iii. verification of compliance with all right-of-way requirements and completion of
final design plans consistent with provisions 3.1, 3.2.a and 3.2.b below; and
iv. receipt by the State of a billing invoice/request for reimbursement setting forth all
Eligible Expenses thus far.
b. Phase II: Construction: An additional 70% of State's EOP Funding will be disbursed to the
LA according to the following schedule:
i. Initial 30% upon:
A. documentation of a properly awarded construction contract for the project
consistent with provisions 3.1 and 3.2.c below, such that construction is ready to
commence; and
B. receipt of a billing invoice/request for reimbursement setting forth all Eligible
Expenses thus far.
ii. Additional 40% upon:
A, completion of approximately one-half of project construction in a manner
consistent with provisions 3.1 and 3,2.d.
B, receipt of a billing invoice/request for reimbursement setting forth all Eligible
Expenses thus far.
c. Phase III: Pro'eet.Closeout: The final disbursement of EOP Funds, up to the final 10% of
the original EOP funding amount, will be paid to the LA upon receipt of:
i. a final billing invoice/request for reimbursement which sets forth a complete and
final accounting of all Eligible Expenses incurred to complete the project, as more
specifically set forth in provision 2.4.b below; and
ii. a full and complete copy of the as -built plans.
2.4 a. All billing invoices/requests for reimbursement must be submitted to the LA in a manner
consistent with the State's billing processing system so that timely payment may be made, and
must include all necessary state and federal tax documentation required by the State to process
payment. Billing invoices/requests for reimbursement shall only be submitted to the LA after
amounts due exceed $1,000.00, and shall be submitted to the LA no more fiequently than
monthly. Billing invoices/requests for reimbursement by the Business must contain adequate
documentation to substantiate the expenses incurred, and to determine compliance with the EOP
program application and the LA's Program Agreement with the State. Noncompliant invoices or
requests for reimbursement will not be paid; notice and explanation of a noncompliant invoice or
3 1 P a g e
request for reimbursement will bo returned to the Business within thirty (30) days of receipt by
the LA.
b, The final billing invoice/request for reimbursement must be received no later than one year
from the date of completion of the project; if a final invoice is not received within one year of
completion of the improvement, the most recent billing invoice/request for reimbursement
received by the Business will be considered the final invoice submitted upon the improvement,
and any and all obligation by the LA to pay additional funds will terminate.
2.5 All obligations set forth in this Program Agreement, including all obligations of the LA to
reimburse costs as set forth herein, shall terminate immediately without penalty or further
payment required if, in any fiscal year, the Nebraska Legislature fails to appropriate or otherwise
make available funds for the work contemplated herein. In such an event, the LA'will provide the
Business with written notice setting forth the effective date of termination.
III, Additional Obligations, Declarations, and Certifications:
3.1 The Parties agree to comply with all federal, state and local laws, ordinances, rules and
regulations relating to the activities carried out by the Parties under this Program Agreement,
including but not limited to the requirements of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (the Uniform Act); Neb. Rev. Stat. §4-108 to 4-114 to
utilize a federal immigration verification system to determine the work eligibility status of new
employees physically performing services within the State of Nebraska; Neb. Rev. Stat. §§48-
1101 through 48-1126, known as the Nebraska Fair Employment Practices Act; Neb, Rev. Stat.
§81-3445, governing the use of professional architects or engineers for projects which exceed
$100,000; and bleb Rev.Stat.§81-3437 requiring designation of a coordinating professional. The
Business further agrees to cooperate and provide any and all efforts requested or required by the
LA so that the LA may meet the terms of its Program Agreement with the State.
The LA and the Business agree to commit all reasonable efforts and resources necessary to carry
out the provisions of this Program Agreement and to ensure the LA's ability to carry out the
provisions of its Program Agreement with the State, understanding that failure to comply with the
terms set forth herein may result in the State's termination of the EOP project, and the State's
demand for reimbursement from the Parties of all BOP funds disbursed thus far. A copy of the
Program Agreement between the State and the LA will be provided to the Business.
3.2 It is understood that the LA will be required by its Program Agreement with the State to accept
responsibility for the management, planning, design, right-of-way activities, bid letting,
construction, construction engineering and future operation and maintenance of this project and to
ensure that no aspect of this project interferes with the planning, construction or completion of
the anticipated Blair South Bypass project anticipated nearby, subject to terms which will be
specifically set forth in the Program Agreement between the State and the LA. To implement the
project as contemplated by the Parties, the following assignment of duties and responsibilities
between the LA and the Business will apply during the term of this Program Agreement:
LA and Business agree that the LA is responsible for all phases and tasks of the project.
In addition, the Parties understand and agree that:
a. Prior to advertising for bids for the project, the LA will be required to certify to the
State that all necessary right-of-way, temporary and permanent easements, and temporary use
permits have been properly obtained by the LA and that the project is legally prepared to proceed.
The State may, in some circumstances, require that a dedication of property be made to the
4 1 P a g e
ownership of the LA to ensure that funds utilized upon the project result in a meaningful
contribution to a purpose generally beneficial to the citizens of the State of Nebraska.
b. The LA will be required to provide plans which have been prepared and signed by. a
licensed professional engineer for the State's review, and the State must review all plans and
specifications prepared by the LA prior to letting. In the event the project comiects to, physically
touches or impacts a portion of the state highway system, the LA will be required to provide plans
for review which meet the higher NDOT standard highway design and construction requirements
applicable to State highway projects.
c. The LA will be required to advertise the project, accept bids, and award the contract
for construction of the project in a manner consistent with applicable state and local law. The
State shall be entitled to terminate this Program Agreement in the event no contract has been
I
warded by December 31, 2021 and recovery of EOP fitnds disbursed thus far to the LA may
commence as more specifically set forth in provision 3.5 below.
d. The LA will be required to oversee construction to ensure the project is constructed as
described or shown upon the approved plans, specifications, and estimates, or as amended by any
approved change orders.
3.3 The Business and the LA agree to maintain records and documentation of the project for at least
five years after termination/expiration of this Program Agreement, including but not limited to:
books kept in accordance with generally accepted accounting principles, detailed records of
expenditures, recipients and uses of all funds paid and disbursed in conjunction with this Program
Agreement, as well as final design plans, as -built plans, and structural material certifications.
Each shall make such documentation available to the other to copy or review upon request, within
a reasonable time period, and in particular in a manner sufficient to respond or comply with
internal or external audit requirements of the LA, the Business, and/or the State.
3A The Business must submit an annual economic impact progress report to the the LA by
December Ist of each subsequent year after completion of the project; for a period of five
consecutive years after completion of the project.
3.5. The Parties understand that in the event the LA or the Business fails to meet the terms of this
Program Agreement, or in the event the Business does not fulfill its commitment to locate
operations on the site or demonstrate positive economic impact as contemplated or described
within provisions 1.1 and 1.2 of this Program Agreement (also known as "default"), the State may
immediately provide the LA with notice of termination of funding and seek reimbursement and
repayment of all EOP Rinds disbursed thus far upon the project from the LA. In the event of such
occurrence, the Business shall immediately reimburse and repay the LA for all EOP funds
disbursed thus far to the Business by the LA; all EOP funds reimbursed and repaid by the
Business to the LA shall then be repaid by the LA to the State.
Furthermore, in the event of termination of this Program Agreement, the Parties agree to the
following terms regarding reimbursement and repayment of non-EOP funds expended upon the
project by the Business and the LA up to the date of termination:
"Each party shall bear the cost and expense of its own non-EOP funded expenditures upon
the project up to the date of termination";
3.6 This Program Agreement commences upon signature by the last of all required signatories and
terminates 30 days after the LA's receipt of the final annual progress report unless terminated
sooner pursuant to the terms set forth herein, or by the written mutual agreement of the Parties.
5 1 P a g e
3.7 This Program Agreement, along with any and all attachments and items incorporated by
references herein, contains the entire agreement between the Parties. This Agreement shall be
binding upon and inure to the benefit of the Parties hereto, their successors and assigns. The LA
and the Business shall adopt all necessary ordinances and/or resolutions as may be necessary to
give full force and effect to the terms of this Program Agreement.
3.8 The Business agrees to hold the LA and the State harmless from any and all claims, demands, or
actions based upon or arising out of the negligent or willful acts or omissions of the Business and
its officials, officers, employees, agents, associates, contractors, or subcontractors in the
performance of this Program Agreement, or impacting the performance of the Program
Agreement between the LA and the State. The LA agrees to hold the Business harmless from any
and all claims, demands, or actions based upon or arising out of the negligent or willfirl acts or
omissions of the LA and its officials, officers, employees, agents, associates, contractors, or
subcontractors in the performance of this Program Agreement, or impacting the performance of
the LA's Program Agreement with the State.
39 Nothing in this Program Agreement should be construed in any manner as creating or establishing
a joint relationship or partnership between the parties, nor shall either party have the right, power
or authority to create any obligations or duties, express or implied, on behalf of the other party.
N. Attachments
4.1 EOP Grant Application
4.2 Map showing general alignment of proposed new street
V. Additional Terms and Conditions
5.1 The LA and Business further agree that:
a) The City shall extend Water and Sewer to Highway 75 utilizing the new 10`r' Street right of
way with none of the cost being assessed to the Business and providing for the connection to the
new mains at no cost to the Business.
b) The Business agrees that to fullest extent possible, that the Business will ask, direct, and
request that all trucks, customers, and employees accessing the business utilize the new street
from the new intersection of 101, Street and Highway 75 when coming into and exiting the
business property.
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VJ. Final Affirmation and Signatures
IN WITNESS WHEREOF, the Paities acknowledge they have read and understand this Program
Agreement, and that they execute this Program Agreement pursuant to lawful authority granted to them,
effective upon the date set forth by the last signatory below:
EXECUTED by the LA this Z2- day of tSr---deff , 202D.
-%ic{ur'j 4ar\scc� A -x
Prince gOfficial, i d g Title
Signature
EXECUTED by the Business this V day of ND✓MV►-, 20Z"!
Printed Name of Official; Including Title
J
Signature
7 1 P a g e