1998-8-11 Washington County RecyclingTO BE FILED Improvements on Lease Land FORM
WITH COUNTY Assessment Application
89004169 ASSESSOR • Read instructions on reverse side 40
AND ADDRESS OF OWNER OF THE LAND NAME AND ADDRESS OF OWNER OF THE IMPROVEMENTS
B18- 12- 7-TL - 256 1890086689
CITY OF BLAIR J BLA-REC- - - 1
I WASHINGTON COUNTY RECYCLE ASSOC.
218 S 16TH ST
BLAIR, NE 68008-0000 zip Code 440 S 3RD STREET zip Code
BC TL 256 7-18-12 114 PC 232 2.72 AC BLAIR, NE 68008-0000'
Legal Description and County
- RECYCLING CENTER ON TL 256 7-18-12 12B
I e
L<
Description of Improvements (�
I hereby requ6st thaf<the improvements herein described be assessed and taxed separately to the owner of the improvements,
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sign et
Signature of Owner of the l—� p Date
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here L i r �
Signature ture of Owner of thelmprovements ? Date
FOR COUNTY ASSESSOR'S USE ONLY
Date Received COMMENTS:
r.
Signature of Assessor
Nebraska Department of Revenue Authorized by,' Section 7771376
Form No. 2-584-88 Rev. 12-97 Supersedes 2-584-88 Rev. 8-96
COUNTY ASSESSOR — White Copy LESSEE — Canary Copy
ASSESSOR
STEVEN MENCKE
November 26, 2003
[A"
WASHINGTON COUNTY ASSESSOR
1555 COLFAX STREET
BLAIR, NEBRASKA 68008-2094
PHONE: (402) 426-6800
PAX: (402) 426.6802
Permissive Exemption Application
Dear Applicant,
DEPUTY ASSESSOR
.LEAN RAY
This correspondence is to inform you or your organization of the annual filing requirement for permissive
exemption. Enclosed is an application form for the 2004 tax year. This form must be completed and
returned to the Washington County Assessor's Office on or before December 31, 2003 for the application
to receive consideration for the 2004 tax year. For this year, you may notice that the information being
requested is more inclusive. As per State Statute, Section 77-202.1, every four years the more inclusive
form is required.
It is important that the application contain all pertinent information. To achieve this requirement, special
attention should be given to the Specific Instructions listed on the back of the form.
The label on the application form provides you with the potential exempt property's parcel number and
legal description. In the box marked County Number, we have already inserted "89" which represents the
numerical equivalent to Washington County. Be sure that you list all current officers, directors or partners
along with their name and address. Also, please mark the applicable box for the nature of use and give a
detailed description for the use of the property. In the middle of the application are three questions. Please
complete these questions if they are applicable to your filing. Finally, be sure that an officer, partner or
director sings the form and returns it to the Assessor's Office on or before December 31, 2003.
Your cooperation is greatly appreciated. Contact me at (402)426-6800 if you have questions or require
additional information.
Sincerely,
Steven Mencke
Washington County Assessor
1555 Colfax Street
Blair, Nebraska 68008
(402)426-6800
COUNCILMEMBER
RESOLUTION:
RESOLUTION 1998- 31
Kros INTRODUCED THE FOLLOWING
WHEREAS the City of Blair, Nebraska has be presented with an Agreement between the
City of Blair, Nebraska and the Washington County Recycling Association.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASIA, that the Agreement attached hereto, marked
Exhibit "A" and by this reference made a part of hereof as though fully set forth herein is hereby
approved by the City of Blair, Nebraska.
BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE
CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver, on behalf of the
City of Blair, Nebraska, any documents that may be necessary for approval of said agreement.
COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION
BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY
COUNCILMEMBER Abbott . UPON ROLL CALL,
COUNCILMEMBERS Abbott, Ryan, Boeka, Kros, Fanoele, Shotwell, Realph
and Reeh VOTING "AYE", AND COUNCILMEMBERS
None
VOTING "NAY", THE MAYOR
DECLARED THE FOREGOING RESOLUTION PASSED AD ADOPTED THIS llth
DAY OF August , 1998.
CITY OF BLAIR, NEBRASKA
BY-
MICHAEL A. MINES, MAYOR
ATTEST:
6�� e /�/-
BRENDA R. TAYLOR, VITY CLERIC
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR, 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 August , 1998.
&e'� /' /"'�
BRINDA R. TAYLOR P1Y CLERK
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into on August 11th, 1998, by and between the
City of Blair, Nebraska (hereinafter referred to as `Blair"), and the Washington County
Recycling Association, a non-profit corporation (hereinafter referred to as the "Association")
WHEREAS, Blair and the Association have been cooperating in recycling efforts within
the City of Blair and Washington County; and, in approximately 1992, Blair and the Association
entered into an agreement, a portion of which authorized the Association to utilize a part of the
premises described as Tax Lot 189, in Section 12, Township 18 North, Range 11, East of the 61'
P.M., Washington County, Nebraska, for recycling efforts of the Association.
WHEREAS, the Association has received a One Hundred Fifty Thousand Dollar
($150,000.00) grant, the purpose of which is to construct a new facility for the Association's
recycling efforts and that the parties agree that the Association may move its recycling operation
from Tax Lot 189, in Section 12, Township 18 North, Range 11, East of the 6"' P.M.,
Washington County, Nebraska, to a portion of Tax Lot 256, in Section 12, Township 18 North,
Range 11, East of the 6"' P.M., Washington County, Nebraska, which is real estate owned by the
City of Blair.
FOR VALUABLE CONSIDERATION AND THE MUTUAL COVENANTS AND
PROMISES HEREIN, I'I' IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1. Leased Premises: Blair hereby does lease unto the Association, the North 175 feet of
of Tax Lot 256, in Section 12, Township 18 North, Range 11, East of the 6"' P.M., Washington
County, Nebraska (hereinafter referred to as "leased premises").
2. Construction of Building: The Association is hereby authorized to construct a building
in which to carry on its recycling efforts; provided however, prior to construction, the
Association shall submit its final plans and specifications to Blair for its approval which such
approval will not be unreasonably withheld.
Subject to the final approval of Blair, the Association may construct the building
consistent with the plans and specifications and that the entire cost of said building shall be at the
sole expense of the Association and the Association agrees to hold Blair harmless from any liens,
claims, causes of action or other liability resulting from the construction of said building and any
other improvements associated therewith.
Blair agrees to assist with site preparation.
3. Lease Payment: The Association agrees to pay and hold Blair harmless from liability
thereon, of the cost of any utilities associated with the leased premises and any improvements
thereon, said utilities including, but not limited to, water, sewer, gas and electrical, and further
agrees to maintain the improvements in good order and repair, and also shall maintain the
outdoors area of the leased premises, free of all rubbish, glass, paper and other debris or loose
materials.
In consideration of the above, the Association shall not be required to pay a rental fee to
Blair during the term of this Lease.
4. Term of Lease: The term of this Lease shall be for a period of 15 years, commencing
on August 15, 1998, and ending on August 14, 2013.
0
5. Assigning, Subletting,, Alterations: It is provided that the Association shall not, during
the term of the this Lease, to -wit:
(a) Assign or transfer this Lease nor let or sublet said premises or any part
thereof (including improvements thereon);
(b) Use nor permit the leased premises to be used for any purpose other than
carrying on the recycling business of the Association;
(c) Permit any change in occupancy or transfer of this Lease
by operation of law or otherwise;
(d) Make any alterations or additions or improvements, without
prior written consent of Blair;
(e) Allow any liens to be placed upon the leased premises or any improvements
thereon. Violation of this paragraph shall constitute an event of this default
constituting reason for immediate termination of this Lease.
6. Compliance with Laws - Keep Premises Safe and Clean: The Association shall keep
and maintain said leased premises and improvements thereon, and operate its business therein, in
the mamler which shall be in compliance with all laws, rules and regulations, orders and
ordinances of the City, County, State and Federal Govermnent and any department thereof.
Violation of this paragraph shall constitute an event of this default constituting reason for
immediate termination of this Lease.
7. Hold City Harmless: The Association will hold City exempt and harmless for and on
account of any damages or injury to any person, or to the goods, wares and merchandise of any
person, arising from the use of the leased premises, and any improvements or equipment thereon
by the Association, or arising from the failure of the Association to keep the leased premises and
any improvements or equipment thereon, in good condition, or the Association's failure to
comply with any laws, rules, regulations, orders, and ordinances of the City, County, State or
Federal Government and any department thereof.
8. Personal Property at Risk of the Association: All personal property in the leased
premises shall be at the risk of the Association only and Blair shall have no responsibility or duty
over said personal property.
9. Right of City to Enter for Inspection/Repairs: Blair, its agents or representatives, shall
have the right to enter the premises at all reasonable times to examine or investigate the same, in
regard to compliance with the terms of this Lease.
10. Waiver: The failure of Blair to insist upon a strict performance of any covenants,
paragraph or conditions of this Lease or to exercise any right or option herein conferred in any
one or more instances, shall not constitute as a waiver or relinquishment for the future of any
such covenants, paragraph, conditions, rights or options, but the same shall remain in full force
and effect; and the doing by Blair of any act or thing which the Association is not obligated to do
hereunder shall not be deemed to impose any obligation upon Blair to do any such act or thing in
the future or in any way change or alter any of the provisions of this Lease.
11. Blair's Right Cumulative: All rights and remedies of Blair under or in connection
with this Lease shall be cumulative and none shall be exclusive of any other rights or remedies
allowed by law.
12. Insurance: The Association agrees to procure and maintain continuously during the
tern of this Lease, and any extension thereof, public liability insurance in a company acceptable
to Blair, at the Association's cost, insuring Blair and the Association against any claims,
demands, or actions for injuries to, or death of, any one person in an amount of not less than One
Million Dollars ($1,000,000.00) per occurrence.
.19
13. Abandonment Cessation of Business: In the event that the Association abandons the
leased premises herein for more than three (3) consecutive months and/or in the event that the
Association discontinues its recycling business on the leased premises for more than three (3)
consecutive months, then Blair, at its option, may terminate this Lease by giving written notice to
Association, which termination shall be effective on the date such notice is sent.
14. Leasehold Improvements: The parties agree and understand that Association intends
to construct a building and other improvements on the leased premises. All leasehold
improvements, including, but not limited to, permanent fixtures, buildings, plumbing, electrical
and sewer improvements and any other improvements associated therewith, shall be deemed to
be permanently affixed to the real estate and shall be the property of Blair. The Association shall
have the right to use and occupy the leased premises, including any such leasehold improvements
thereon, during the term of this Lease Agreement, subject to the terms and provisions contained
herein.
15. Removal of Personal PropertX: The Association agrees, upon termination of this
Lease, to promptly remove all of the Association's personal property (said personal property not
to include any leasehold improvements described in Paragraph 14 above which under the
conditions of this Lease are to remain as part of the premises).
16. City's Remedies Upon Default: In the event of default, the City shall have the
following remedies, which are not exclusive and are in addition to any other remedies now or
later allowed by law. Upon default of any of the terms and provisions of this Lease Agreement
by the Association:
(a) The City may, at its option, declare this Lease forfeited and
the Lease's term ended, have the right to re-enter the property
and have the right to take possession of the property without
any further obligation to the Association. The City may
remove all persons and personal property at the cost of the
Association; or
(b) City may instead elect to keep the Association in possession
and continue to have all rights and remedies under this Lease.
If City elects to keep the Association in possession, City shall
have the right under subparagraph (a) for any previous default
which remains uncured or for any future default.
Nothing in this paragraph shall be interpreted to release the Association from any liability
for any indemnification provided to City under this Lease for any occurrence or omission prior to
the date of termination of the Lease.
17. Notice: Any notice required to be given under this Lease shall be sent by regular
U.S. mail, postage prepaid to:
(a) Lessor:
City of Blair
218 South 16"' Street
Blair, NE. 68008
(b) Lessee:
Washington County Recycling Association
P. O. Box 266
Washington, NE. 68068
IN WITNESS WHEREOF, the parties hereto have executed this Lease this 11th day of
August . 1998.
C.�
CITY OF BLAIR
Michael A. Mines, Mayor
WASHINGTON COUNTY RECYCLING
ASSOCIATION
B
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this //'41 day of August ,
1998, by _ Aj'C�GLt.) , �li(LPG , ./ Q7C_ of
the City of Blair, a municipality, on behalf of the municipality.
w
ERAL NOTAI iY
BRENDA R. `I AV ►�o.
My Comm. Ev. June 20, 2000
Notary Publi
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
The forego,i/ng instrument was acluiowledged before me this ZS � day of
%
1998, by ' Clod �. �r' 645.'�c /ice of
the Washington County Recycling Association, on behalf of the association.
GENERAL NOTT@11Y 5,W o(I hb,eslta =� �
�Om ®EExpp.JU a20,,22000 '
Notary Publi
7