2023-01RESOLUTION 2023-1
COUNCIL MEMBER FERRARI 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 Justin Von Loh, owner of Von
Loh Investments, LLC. to include extension districts for paving and storm sewer, water, and
sanitary sewer services for the final plat for the subdivision legally described as: Elk Ridge
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 FERRARI MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON
ROLL CALL, COUNCIL MEMBERS FERRARI, HAFER, HIGHFILL, PAULSEN,
SANDVOLD, SCHANK, WOLFF, AND WILLIS VOTING "AYE", AND COUNCIL
MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND APPROVED THIS 10TH DAY OF JANUARY, 2023.
ATTEST:
,ER, CITY CLERK
CITY OF BLAIR, NEBRASKA
IA
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 t 0th day of
January, 2023.
BRENDA WHEELER, CITY CLERK
DEVELOPER AGREEMENT
THIS AGREEMENT made this 10th day of January 2023, by and between the City of
Blair, Nebraska, hereinafter referred to as "City", and Justin Von Loh, owner of Von Loh
Investments, LLC., hereinafter referred to as "Developer".
WHEREAS, Developer has submitted a final plat for the subdivision legally described as:
ELK RIDGE SUBDIVISION, LOTS 1 THROUGH 38, BEING A PLAT OF A PORTION OF TAX LOTS 201
AND 283 LYING IN THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 18
NORTH, RANGE 12 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, AND LOTS 6, 7
AND 8, Block 4 EVERGREEN BLUFF, A SUBDIVISION AS SURVEYED, PLATTED AND RECORDED IN
WASHINGTON COUNTY, NEBRASKA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST OF
THE 6TH P.M.; THENCE NORTH 87' 22'19" EAST ON THE NORTH LINE OF SAID SECTION, A
DISTANCE OF 426.35 FEET; THENCE SOUTH 78° 21'33" EAST, A DISTANCE OF 270.90 FEET;
THENCE SOUTH 74* 10'17" EAST, A DISTANCE OF 422.26 FEET; THENCE SOUTH 79° 45' 56"
EAST, A DISTANCE OF 348.18 FEET; THENCE SOUTH 73* 56'10" EAST, A DISTANCE OF 239.41
FEET TO A POINT ON THE NORTH LINE OF REPLAT OF EVERGREEN BLUFF SUBDIVISION AS
SURVEYED, PLATTED AND RECORDED IN WASHINGTON COUNTY, NEBRASKA; THENCE SOUTH
87* 16'50" WEST ON THE NORTH LINE OF SAID REPLAT OF EVERGREEN BLUFF SUBDIVISION, A
DISTANCE OF 421.06 FEET; THENCE SOUTH 51'48'48" WEST ON THE NORTH LINE OF SAID
REPLAT OF EVERGREEN BLUFF SUBDIVISION, A DISTANCE OF 135.92 FEET; THENCE SOUTH 87°
06'43" WEST ON THE NORTH LINE OF SAID REPLAT OF EVERGREEN BLUFF SUBDIVISION AND
THE NORTH LINE OF SAID EVERGREEN BLUFFS SUBDIVISION, A DISTANCE OF 288.53 FEET TO
THE SOUTHEAST CORNER OF SAID LOT 6 EVERGREEN BLUFFS SUBDIVISION; THENCE SOUTH 69°
35' 15" WEST ON THE SOUTH LINE OF SAID LOT 6, A DISTANCE OF 50.74 FEET; THENCE SOUTH
81* 36'46" WEST ON THE SOUTH LINE OF SAID LOT 6, A DISTANCE OF 124.34 FEET TO THE
NORTHEAST CORNER OF SAID LOT 5; THENCE NORTH 65* 38'13" WEST ON THE NORTH LINE OF
SAID LOT 5, A DISTANCE OF 73.42 FEET TO THE EAST RIGHT-OF-WAY LINE OF GARFIELD DRIVE;
THENCE NORTH 020 50' 12" WEST ON THE EAST RIGHT-OF-WAY LINE OF GARFIELD DRIVE, A
DISTANCE OF 97.49 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ON A CURVE
THE RIGHT HAVING A RADIUS OF 13.00 AND A CENTRAL ANGLE OF 72. 48'22", AN ARC
DISTANCE OF 16.52 FEET (CHORD=15.43', CHORD BEARING=N 33° 33'59" E) TO A POINT OF
COMPLEX CURVATURE; THENCE WESTERLY ON A CURVE THE LEFT HAVING A RADIUS OF 50.00
AND A CENTRAL ANGLE OF 73° 05'23", AN ARC DISTANCE OF 63.78 FEET (CHORD=59.55',
CHORD BEARING=N 86° 17'30" W); THENCE S 02° 50'12" E, A DISTANCE OF 35.89 FEET TO A
POINT OF CURVATURE; THENCE SOUTHWESTERLY ON A CURVE THE RIGHT HAVING A RADIUS
OF 13.00 AND A CENTRAL ANGLE OF 90° 18'44", AN ARC DISTANCE OF 20.49 FEET
(CHORD=18.43', CHORD BEARING=S 420 19'10" W); THENCE S 87* 28'32" W, A DISTANCE OF
11.62 FEET TO A POINT ON A CURVE; THENCE SOUTHEASTERLY ON A CURVE THE LEFT HAVING
A RADIUS OF 50.00 AND A CENTRAL ANGLE OF 53° 39'02", AN ARC DISTANCE OF 46.82 FEET
(CHORD=45.13', CHORD BEARING=S 36° 00'41" E); THENCE SOUTH 02° 50' 12" EAST ON THE
WEST RIGHT-OF-WAY LINE OF GARFIELD DRIVE, A DISTANCE OF 139.63 FEET TO THE NORTH
LINE OF FERDERICKS MEADOW ADDITION, A SUBDIVISION, AND POUNDS SUBDIVISION, EACH
AS SURVEYED, PLATTED AND RECORDED IN WASHINGTON COUNTY, NEBRASKA; THENCE
SOUTH 87' 26'51" WEST ON SAID NORTH LINE OF FERDERICKS MEADOW ADDITION AND
POUNDS SUBDIVISION, A DISTANCE OF 550.30 FEET TO THE WEST LINE OF THE AFORESAID
SECTION 7; THENCE NORTH 02° 25'52" WEST ON SAID WEST LINE, A DISTANCE OF 539.36 FEET
TO THE POINT OF BEGINNING. CONTAINING 519,424 SQUARE FEET (11.924 ACRES), MORE OR
LESS an Addition to the City of Blair, Washington County, Nebraska. (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,
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 ELK RIDGE
SUBDIVISION, LOTS 1 THROUGH 38, BEING A PLAT OF A PORTION OF TAX
LOTS 201 AND 283 LYING IN THE NORTH 1/2 OF THE NORTHWEST 1/4 OF
SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST OF THE 6TH P.M.,
WASHINGTON COUNTY, NEBRASKA, AND LOTS 6, 7 AND 8, EVERGREEN
BLUFF, A SUBDIVISION AS SURVEYED, PLATTED AND RECORDED IN
WASHINGTON COUNTY, NEBRASKA according to the terms of this Agreement.
2. CITY SPECHCATIONS 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 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
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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 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:
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
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
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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. 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
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
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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 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 ELK RIDGE SUBDIVISION, LOTS 1 THROUGH 38, BEING
A PLAT OF A PORTION OF TAX LOTS 201 AND 283 LYING IN THE NORTH 1/2
OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 18 NORTH, RANGE 12
EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, AND LOTS 6, 7
AND 8, EVERGREEN BLUFF, A SUBDIVISION AS SURVEYED, PLATTED AND
RECORDED IN WASHINGTON COUNTY, NEBRASKA, 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
C.
improvement districts to be created for the installation of the public improvements
described herein for Lots 1 through 38 of Elk Ridge Subdivision. 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 Garfield Loop and Garfield Circle, 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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
first above written.
ATTEST:
By:
Brenda Wheeler, City Clerk
fty
CITY OF BLAIR
ST R� &�Blair
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