2008-34RESOLUTION 2008 - 34
COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS the City of Blair, Nebraska by Resolution No. 2007 -59 on October
23, 2008 approved a Developer's Agreement between the City of Blair, Nebraska, and
Hayden Place Development, LLC to develop the subdivision of Hayden Place (Lots 1
through 8, Outlot A and Outlot B) being platted of that part of Tax Lots 267 in the SW 1 /4
of the SE 1 /4 and part of the SE 1 /4 of the SE 1 /4 of Section 14, Township 18 North, Range
11 East of the Sixth P.M., Washington County, Blair Nebraska, and known as "Hayden
Place Subdivision ", and
WHEREAS, the Developer has replatted Lots 1 thru 8 inclusive and Outlots "A"
and "B ", Hayden Place into Lots 1 through 10, inclusive, and Outlots "A" and "B ",
known as Hayden Place Replat One and the parties hereto desire to modify the
Developer's Agreement to allow for the replatting and development of the property now
known as Hayden Place Replat One, and
WHEREAS, the terms and conditions of the First Amendment to 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 First Amendment to 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 ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER
BIFFAR. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SHOTWELL,
FANOELE, CHRISTIANSEN, BIFFAR, WOLFF AND ABBOTT. VOTING "AYE ",
AND COUNCIL MEMBERS NONE VOTING "NAY, THE MAYOR DECLARED
THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12TH DAY OF
AUGUST, 2008.
ATTEST:
•
BRENDA R.WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
,/
CITY OF BLAIR, NEBRASKA
c
E. REALPH, MAYOR
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 12th day of August, 2008.
BRENDA R. WHEELER, CITY CLERK
FIRST AMENDMENT TO
DEVELOPER'S AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPER'S AGREEMENT ( "First Amendment ") is
made this 26 day of August, 2008 ( "Effective Date "), by and among HAYDEN PLACE
DEVELOPMENT, LLC, a Nebraska limited liability company (hereinafter referred to as the
"DEVELOPER "), with respect to a portion of the "area to be developed" (as defined in the original
Developer's Agreement), and THE CITY OF BLAIR, NEBRASKA, a municipal corporation
(hereinafter referred to as the "CITY ").
WITNESSETH:
WHEREAS, the DEVELOPER and CITY entered into a Developer's Agreement ( "Original
Developer's Agreement ") dated October 23, 2007, with respect to the area to be developed (see
Legal Description); and
WHEREAS, DEVELOPER desires to replat Lots 1 thru 8, inclusive, and Outlots "A" and
"B ", Hayden Place into Lots 1 through 10, inclusive, and Outlots "A" and "B ", Hayden Place Replat
One, as shown on Exhibit "A" attached hereto (hereinafter referred to as the "Property "); and
WHEREAS, the parties hereto desire to modify the original Developer's Agreement to allow
for the replatting and development of the Property as set forth herein.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and
covenants hereinafter contained, the parties hereto agree as follows:
1. Definitions: Unless otherwise defined in this First Amendment, all capitalized
terms used in this First Amendment shall have the same meaning set forth for such terms in the
original Developer's Agreement executed on October 23, 2007.
2. Amendments to Original Develop er's Agreement. The original Developer's
Agreement executed on October 23, 2007 shall be amended as follows:
A. Exhibit A to the original Developer's Agreement is hereby amended to reflect the
replatting of Lots 1 through 8, inclusive, and Outlots "A" and "B ", Hayden Place, into Lot 1
through 10, inclusive, and Outlots "A" and "B ", Hayden Place Replat One, as shown on
Exhibit A attached hereto and fully incorporated herein by reference.
B. Section 1 of the original Developer's Agreement is hereby amended, in part, by
extending the Two Hundred Seventy (270) day time period for the delivery of the binding
contracts to the City Clerk until after the filing of the Final Plat for Hayden Place Replat One.
C. Exhibit B to the original Developer's Agreement is hereby repealed in its entirety and
Exhibit B attached hereto and fully incorporated herein by reference is hereby substituted in
its place.
D. Exhibit D to the original Developer's Agreement is hereby repealed in its entirety and
Exhibit B3 (Storm Sewer) and Exhibit B4 (Sanitary Sewer) attached hereto and fully
incorporated herein by reference are hereby substituted in its place.
E. Exhibits E and F to the original Developer's Agreement are hereby repealed in their
entirety and Exhibit E (the "Hayden Place Commercial Development Storm Water Study"
prepared by Olsson Associates) and Exhibit F (the "Blair Wal -Mart" storm water study
prepared by Olsson Associates) attached hereto and fully incorporated herein by reference are
hereby substituted in their place.
F. Section 1(e) of the original Developer's Agreement is hereby amended by including
Exhibit B2 (Water Line) attached hereto and fully incorporated herein by reference.
G. Section 1(i) is hereby added to the original Developer's Agreement as follows:
(i) Exterior Sidewalks. Developer, at no cost to the City, shall install or cause to
be installed exterior sidewalks within the shaded area along Highway 30, as shown on Exhibit
B5 attached hereto, on or before July 1, 2009. All sidewalks shall be constructed in
accordance with the City sidewalk regulations and policies as they may from time to time
exist, and shall be maintained at property owners' expense.
3. Miscellaneous.
A. Counterparts. This First Amendment may be executed in counterparts each
of which shall be deemed an original, but all of which taken together shall
constitute one and the same instrument.
B. No Other Amendment. Except as specifically set forth herein, the original
Developer's Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, this Agreement is effective on the day and year first above
written.
[Signatures on following pages]
ATTEST:
Brenda Wheeler, City Clerk
STATE OF NEBRASKA )
) ss:
COUNTY OF WASHINGTON )
0 1
The foregoing instrument was acknowledged before me on the 1 day of t�� L S�
2008, by James E. Realph, Mayor of Blair. -
CITY OF BLAIR
. Realph, Mayor
Notary Pub
STATE OF NEBRASKA )
) ss:
COUNTY OF WASHINGTON )
NOTARY - Stale of N br in
BRENDA R. WHEELER j
My Comm. Exp. June 20, 2012
HAYDEN PLACE DEVELOPMENT, LLC,
Nebraska limited liability company,
By:
Mary Berg, Mmber
The foregoing instrument was acknowledged before me on the 2 day of
Lt , 2008, by Mary Berg, Member of Hayden Place Development, LLC, a Nebraska
limited liability company, on behalf of said limited liability company.
Notary Public
�yl
FILED
EMAIL 10 PH 3
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HAYDEN PLACE REPLAT ONE
BEING A REPLAT OF HAYDEN PLACE, LOTS 1 -8 INCLUSIVE AND OUTLOTS A & B, LOCATED IN THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND PART OF THE SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 18 NORTH, RANGE 11 EAST TOGETHER
WITH PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23,
TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH. P.M., WASHINGTON COUNTY, NEBRASKA.
(LOTS 1 THRU 10, OUTLOT A AND OUTLOT B)
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THIS , ',2 RICH- DE vn Au Pueuc WAY Dc IN
L, BOO 2, PACE 135B-1265 D n Eo EmATED IN U OFICE OF
THE T RECISTER 0r BEFITS. WASHINGTON COUNTY NEBRASKA.
APPROVAL OF THE BLAIR CHYCOUVCIL
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APPROVAL OF THE CITY PLANNING COMMISSION
Is KAT OF HAYDEN PUCE NEPNT ONE HAS BEEN REVIEWED BY THE UUIR CI, PUNNING
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CERTIFY
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