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2008-01COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS the City of Blair, Nebraska has been presented with a Developer's Agreement between the City of Blair, Nebraska, Omaha Public Power District, and Blair Auto Mall, L.L.C., Brian C. Gibbs, President to develop a Subdivision being platted of Lots 1 and 2 Adamson's Wyngate Subdivision lying in the N 1 /2 of the SE 1 /4 of the NW 1 /4 in Section 23, Township 18N, Range 11 East of the 6 P.M. Washington County, Nebraska, and known as "Gibbs Subdivision ". 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 SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, CHRISTIANSEN, WOLFF, ABBOTT AND BIFFAR VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY, THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 8TH DAY OF JANUARY, 2008. ATTEST: 4 77 164/Y / BRENDA R.WHEELER, CITY CLERK (SEAL) RESOLUTION 2008 - 1 CITY OF BLAIR, NEBRASKA JAMES,E. REALPH, MAYOR STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. 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 8th day of January, 2008. BRENDA R. WHEELER, CITY CLERK DEVELOPER AGREEMENT THIS AGREEMENT made this 8 day of January, 2008, by and between the City of Blair, Nebraska, hereinafter referred to as "City ", Omaha Public Power District, hereinafter referred to as "OPPD ", and Blair Auto Mall, L.L.C., Brian C. Gibbs, President, hereinafter referred to as "Developer ". WHEREAS, Developer and OPPD have submitted a replat for the subdivision legally described as: GIBBS SUBDIVISION (Lots 1 through 6 inclusive) being a replat of Adamsons' Wingate Subdivision, located in the Northwest one - quarter of Section 23, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska. (See attached Exhibit A which is fully incorporated herein by reference); and WHEREAS, Developer requests that City form improvement or extension districts for paving and storm sewer, water and sanitary sewer services to the subdivision and Developer is willing to participate in and fund a portion of the cost of said improvements without the same being assessed against the real estate within the subdivision; and, WHEREAS, Omaha State Bank, Omaha, Nebraska ( "Developer's Lending Institution ") may have or claim an interest in said real estate and agree their interest shall be junior and inferior to City's assessments against said real estate for the construction of said improvements. NOW, THEREFORE, IN CONSIDERATION OF MUTUAL COVENANTS AND BENEFITS TO EACH PARTY AS SET FORTH HEREIN, IT IS AGREED AS FOLLOWS: 1. Developer and OPPD hereby agree that this agreement shall constitute their 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 1 sewer, water and sanitary sewer improvement districts for the construction of said improvements within the Gibbs Subdivision according to the terms of this Agreement. 2. All improvements and construction under said district 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. Developer hereby agrees to pay twenty percent (20 %) of all construction and engineering costs attributed to such districts that benefit his /her subdivision. City shall not execute contracts for the construction of said improvements until Developer has posted with the City a security bond guaranteeing payment of said twenty percent (20 %) upon completion of the contracts and payment by City to the contractors, or, Developer has deposited a cash sum with City equal to twenty percent (20 %) of the total contract prices. 4. 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 twenty percent (20 %) of the actual construction cost. Actual construction cost includes the cost of 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. In the event said surety bond or cash deposit exceeds said twenty percent (20 %) of actual construction costs, City shall remit the balance to Developer. In the event the surety bond or cash deposit is less than twenty percent (20 %) of the actual construction costs, Developer shall within fifteen (15) days following notification by City of such deficiency 2 remit same to City. The remaining eighty percent (80 %) of the actual construction cost shall be paid by City to the contractors and assessed as set forth below. 5. City shall specially assess the special assessment portion of the actual construction and engineering costs, after credit for said twenty percent (20 %) amount paid by Developer, against the property owned by developer and specially benefitted based upon an allocation of special benefits from the improvements completed by the projects engineer and approved by the City and the Developer. The City, Developer and OPPD hereby agree that the property in the proposed Water Extension District No. 48, Sanitary Sewer Extension District No. 71 and Paving District No. 190 will be equitably assessed if based upon the following agreed formula: a. One half ( shall be specially assessed on a per lineal foot basis to Lots 2 -4 inclusive, as shown in the approved replat (Exhibit A). b. One half ( shall be specially assessed to Lot 1. c. Lots 5 -6 inclusive shall not be assessed any of these costs. 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. 6. It is further agreed by all parties, including the Developer and any other persons, including but not limited to the Lending Institution who may have or claim an interest in 3 By: By: 10. The Developer agrees to convey to City all right, title and interest it may have in the Z3 Me proposed , said road to remain a public street, and the proposed Clifford Brenda Wheeler, City Clerk Omaha State Bank By: Authorize sentative Drive right of way. 11. This ` Agreement shall be binding upon and inure to the benefit of the Developer, OPPD, City, UtYI,*CBank 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: Brian C. Gibbs, President Blair Auto Mall, L.L.C. 5 CITY OF BLAIR By: ealph, Mayor City of Blair Adri inks, Vice President Oma a Public Power District 100 0 100 1 inch = 100 fl. Point of Beginning NW Comer cite ad. 8E1/4ofthe !WA Se0.25-I8 -11 COUNTY TREASURER JOB 09400.001 SHEET 1 of 1 11 100 z I L SWCm�rNCn NW 1,.6 the SE1I47111 0114 Sec. 23-18.11 LAND SURVEYORS CER "IFICATE I HEREBY CERTIFY THAT I HAVE MADE BOUNDARY SURVEY OF THE SUBDMSION DESCRIBED HEREIN AND THAT PERMANENT MARKERS HAVE BEEN FOUND OR SET AT ALL CORNERS OF SAID BOUNDARY AND THAT PERMANENT MARKERS WILL BE SET ATALL CORNERS, ANGLE POINTS AND POINTS OF CURVATUREWITHW SAID SUBDMSION TO BE KNOWN AS GIBBS SUBDMSION. BEING A REPLAT OF ADAMSONS' WYNGATE SUBDIVISION, LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 891. PM., WASHINGTON COUNTY, NEBRASKA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID ADAMSONS' WYNGATE SUBDNISION, THENCE NORTH 87 °5539' EAST (ASSUMED BEARING) FOR 132223 FEET ALONG THE NORTH LINE OF SAID ADAMSONS' WYNGATE SUBDIVISION; THENCE THE FOLLOWING SIX (6) COURSES ALONG THE WESTERLY LINE OF LS HIGHWAY 30 RIGHT-OF-WAY; (1)S0UTH 02 ° 1326" EAST FOR 40.41 FEET (2)S0UTH24 ° 5701' WEST FOR 151.48 FEET (3)SOUTH 401042' WEST FOR 101.91 FEET (4)SOUTH 3517'24' WEST FOR 37.02' (5)SOUTH 35 °3431' WEST FOR 211.42 FEET (8)SOUTH 2611037' WEST FOR 240.60 FEET; THENCE SOUTH 87 °5552' WEST FOR 921.78 FEET ALONG THE SOUTH LINE OF SAID ADAMSONS WYNGATE SUBDIVISION; THENCE NORTH 01'5435' WEST FOR 859.70 FEET ALONG THE WESTUN0 OF SAID ADAMSONS WYNGATE SUBDMSION TO THE POINT OF BEGWNWG. ABOVE DE_, CT CONTAINS 17.11 ACRES, MORE OR LESS. CORY J. 80, 40140.619 ADRIAN MINKS, VICE PRESIDENT OMAHA PUBLIC POWER DISTRICT FINAL PLAT GIBBS SUBDIVISION BEING A REPLAT OF ADAMSONS' WYNGATE SUBDIVISION, LOCATED IN THE NORTHWEST ONE — QUARTER OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6th. P.M., WASHINGTON COUNTY, NEBRASKA. 47240' 5 6.22 P' 353.79' BRIAN C. GIBBS, PRESIDENT DATE BLAIRAUTO MALL L.L.C. GIBBS SUBDIVISION REPLAT OF ADAMSONS WYNGATE SUBDMSION NORTHWEST ONE- QUARTER OF SECTION 23•T18N-R11 E WASHINGTON COUNTY, NEBRASKA t °xl °t 59 ° DATE DATE COUNTY TREASURERS CERTIFICATION THIS IS TO CERTIFY THAT I FWD NO REGULAR OR SPECIAL TAXES DUE OR DELINQUENT AGAINST THE PROPERTY AS DESCRIBED WITHIN THIS PLAT AS SHOWN BY THE RECORDS OF THIS OFFICE. DATE 20 12/ 20/09 DEDICATION KNOW ALL PERSONS BY THESE PRESENTS:THAT WE, BLAIRAUTO MALL, L.L.C. AND OMAHA PUBLIC POWER DISTRICT, BEING THE OWNERS OF THE PROPERTY DESCRIBED 0I111171 THE SURVEYORS CERTIFICATE AND EMBRACED WITHIN THIS PLAT, HAVE CAUSED SAID PROPERTY TO BE SU801805D INTO LOTS AND STREETS TO BE NAMED AND NUMBERED AS SHOWN. SAID SUBDMSION TO BE HEREAFTER KNOWN AS 'GIBBS SUBDMSION', AND WE HEREBY RATIFY AND APPROVE THE DISPOSITION OF OUR PROPERTY AS SHOWN ON THIS PLAT AND WE DO HEREBY DEDICATE TO THE PUBLIC, FOR PUBLIC USE, THE STREETS AS SHOWN HEREON. IN WITNESS HEREOF WE DO HEREBY SET OUR NAMES. Lots 1 thru 6 138 A' \ Pittack Street • -- , N 8755 I E 1322.2 — 6 765 ' 0 00000 °w 20 SA 448.09' 341.73' ox D� 20.97' n 20.98' \ N 30' 0 4 1.62 Ac# 307.65' 20Pw ,SBSh2m Sewer, Dstz,tl 1 COI and Drainage Ezwne,d. -)348231 338.7EM) — (18304 m 3 38.37' 27,83' 28.92' 210'01 31` C.�� — N01 SRbB iq Gibbs Drive 25.00' g 325.16' .4 QQ Y Q 2 A �// 130 Ac3 r 7 / 212.44' fil♦A d e 287.44_ ez19T'l 621,7610) 8 8755'52 W 92176 I 940. C1 I C1 / 1 I C2 COUNTY OF NOTARY PUBLIC COUNTY OF ATTEST: CITY CLERK SCHEMMER ARCHITECTS 1 ENGINEERS 1 PLANNERS 15w5.1e Permanent 068 T4Eesmrmslgan 0 tle, CdyoIBlae 1 25 Ac * ACKNOWLEDGMENT OF NOTARY STATE OF ACKNOWLEDGMENT OF NOTARY STATE OF RADIUS 270.00' 670.06 ) ) ) ..,. 12/14/2007 10x 10 6 1119 °. T �8eanl&tl S 0213'26' E 40.41' ' r/ 8 24'57'01' W 4 /r 151.48' • 7 — 8 4010'42' W 10191' 8 353724' W T off 37.02' P ry O LEGEND 0 �g � • PROPERTY CORNER FOUND (A5 Noted) 9r 0 PROPERTY CORNER SET (35 Reber Wrap 819) .r P PLAT DIMENSION S SURVEY DIMENSION (10) EASEMENT DIMENSION NOTES WALL ANGLES ARE 90 °001)0' UNLESS NOTED, (2) ALL LOT LINES I INTERSECTING CURVES ARE RADIAL UNLESS NOTED OT (3) ALL PROPOSED LOT CORNERS, ANGLE POINTS AND POINTS OF CURVATURE WILL BE SET WITH A&5 REBAR WITH CAP #619. CENTERLINE CURVE TABLE LENGTH DELTA ANGLE CHORD BEARING 52.54' 1010960' 14 03°30'28'E 19920' 17 °02'37' 941704101E ON THIS _DAY OF 20 BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, QUALIFIED AND COMMISSIONED IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED BRIAN 0. GIBBS, PERSONALLY KNOWN BY ME TO BE 155 IDENTICAL PERSON WHOSE NAME IS AFFIXED TO THE DEDICATION AND HE DID ACKNOWLEDGE THE EXECUTION THEREOF TO BE HIS VOLUNTARY ACT AND DEED. DATE NECnneroflhe 501/4 of t to MA CH. DIST. I 52.48' 1 198.57' 1 ON THIS _ DAY OF 20 BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, QUALIFIED AND COMMISSIONED W AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED ADRIAN MINKS, PERSONALLY KNOWN BY ME TO BE THE IDENTICAL PERSON WHOSE NAME IS AFFIXED TO THE DEDICATION AND SHE DID ACKNOWLEDGE THE EXECUTION THEREOF TO BE HER VOLUNTARY ACT AND DEED. NOTARY PUBLIC DATE APPROVAL OF THE BLAIR CITY COUNCIL 11-1I5 PLAT OF GIBBS SUBDIVISION WAS APPROVED BY THE CITY COUNCIL OFBLAIR, NEBRASKA MAYOR DATE APPROVAL OF THE CITY PLANNING COMMISSION THIS PLAT OF GIBBS SUBDMSION HAS BEEN REVIEWED BY THE BLARCTY PLANNING COMMISION CHAIRPERSON, CITY PLANNING COMMISSION DATE ;`•:_ 1 0051GNE0 ' (DRAWN CJG !CHECKED M5119 i2/2o lerenei e oF Gees Mee Prepared by The Schemer Associates 1044 11097 115th. Street, 50te 300 Omaha, NE 68154 -4436 402493.4800