2006-19RESOLUTION 2006 - 19
COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS the City of Blair, Nebraska has been presented with a Developer's
Agreement between the City of Blair, Nebraska, and Mark & Ravae Mask to develop the
subdivision of Southern Ridge (lots 1 through 31 inclusive & Outlot) being platted of that
part of Tax Lots 3 & 4 in the SE 1/4 of Section 22, Township 18 North, Range 11 East of
the Sixth P.M., Washington County, Blair Nebraska, and known as "Southern Ridge
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 ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER
WOLFF. UPON ROLL CALL, COUNCIL MEMBERS ABBOTT, WOLFF, BIFFAR,
MCMANIGAL, SHOTWELL, FANOELE, SCHEVE AND STEWART. VOTING
"AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY, THE MAYOR
DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 9TH
DAY OF MAY, 2006.
CITY OF BLAIR, NEBRASKA
ES E. REALPH, MAYOR
ATTEST:
BRENDA R.WHEELER, CITY CLERK
(SEAL)
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 9th day of May, 2006.
Lav
BRENDA R. WHEELER, CITY CLERK
DEVELOPER AGREEMENT
THIS AGREEMENT is made this ninth day of May, 2006, by and between the City of
Blair, Nebraska, hereinafter referred to as "City ", and Mark and Ravae Masek, individually
hereinafter referred to as "Developer ".
WHEREAS, Developer has submitted a final plat for the subdivision legally described as:
SOUTHERN RIDGE SUBDIVISION (Lots 1 through 31 inclusive), being a plat of part of Tax
Lots 3 and 4 A PARCEL OF LAND BEING PART OF TAX LOT 3 AND PART OF TAX LOT
4, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 18 NORTH,
RANGE 11 EAST OF THE SIXTH P.M., WASHINGTON COUNTY, NEBRASKA, SAID
PARCEL BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST
CORNER OF SAID SECTION 22; THENCE N89 °45'18 "W (ASSUMED BEARING) ON THE
SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1268.45 FEET;
THENCE N00 °14'42 "E PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF
320.95 FEET; THENCE N43 °24'00 "E, A DISTANCE OF 138.56 FEET; THENCE
N77 °48'41 "E, A DISTANCE OF 136.00 FEET; THENCE S60 °14'09 "E, A DISTANCE OF
128.60 FEET; THENCE N38 °02'09 "E, A DISTANCE OF 91.07. FEET; THENCE
N51 °52'57 "E, A DISTANCE OF 135.86 FEET; THENCE N63 °30'29 "E, A DISTANCE OF
50.00 FEET; THENCE N75 °08'02 "E, A DISTANCE OF 135.86 FEET; THENCE
N88 °04'34 "E, A DISTANCE OF 88.74 FEET; THENCE N89 °35'22 "E, A DISTANCE OF
75.00 FEET; THENCE S81 °29'43 "E, A DISTANCE OF 91.66 FEET; THENCE S69 °51'06 "E,
A DISTANCE OF 90.65 FEET; THENCE S68 °09'30 "E, A DISTANCE OF 272.04 FEET TO A
POINT ON THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE S00 °12'54 "W
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ON SAID EAST LINE, A DISTANCE OF 14.91 ACES, MORE OR LESS, in the Southeast
Quarter of Section 22, Township 18 North, Range 11 East of the 6 P.M., Washington County,
Nebraska.. (See attached Exhibit A — Final Plat of Southern Ridge Subdivision, which is fully
incorporated herein by reference.)
WHEREAS, Developer requests that City form improvement or extension districts for
street, water and 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, First National Bank Northeast, Ceresco, Nebraska ( "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 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 street, water and sewer improvement districts for the construction of
said improvements within the SOUTHERN RIDGE SUBDIVISION, as well as sewer
improvements in Lot 3 and the East half of the Southwest Quarter of Section 22, Township 18
North, Range 11 East of the 6 P.M., Washington County, Nebraska, all according to the terms
of this Agreement.
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2. All improvements and construction under said districts shall be made pursuant to the
specifications of the City. All contracts for such improvements shall be entered into by the City
and according to the terms and conditions approved by the City.
3. The Developer and the City hereby agree that the improvements and construction
under said districts will be divided into the following categories:
A. Phase I costs, which include all street, water and sewer services and associated
engineering costs within SOUTHERN RIDGE SUBDIVISION, as well as one half of the
costs (engineering and construction) associated with street and water main along County
Road 26 and County Road 31. Additional Phase I costs will include 6% (15 acres out of
274 acres, rounded up) of the engineering and construction cost of the sewer line from
Phase I to the pump station; 4% (two- thirds of 5.5 %, rounded up) of the engineering and
construction cost of the pump station, the wet well and the force main; as well as 12.5%
(one- eighth) of the engineering and construction cost of the Highway 30 sewer extension.
i. Developer hereby agrees to pay twenty percent (20 %) of all Phase I
construction and engineering costs. The 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.
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B. Phase II costs will consist of the remaining engineering and construction cost of the
sewer line from Phase I to the pump station, as well as the remaining two- thirds of the
engineering and construction cost of the pump station, wet well and force main.
i. The City will specially assess all Phase II costs on a per acre basis for the
balance of the Masek development. When additional subdivisions are developed,
the balance of Phase II costs will be proportionally allocated on a per lot basis in
the new subdivision and the remainder allocated to the remaining Masek
development on a per acre basis.
ii. The Developer and the City hereby agree that the pump station will be sized to
handle one -half of the entire Masek development. If and when a larger pump is
needed for future Masek development, the entire cost of that larger pump will be
allocated to all undeveloped land in the service area.
4. Developer hereby agrees to pay twenty percent (20 %) of all Phase I 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.
5. 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 Phase I construction cost. Actual construction cost includes the cost of engineering
services, geotechnical services and the total contract price for all improvements including any
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change orders approved by the City from time to time. In the event any change orders are
submitted to City for approval, Developer will be notified in writing by City of the time, date and
place of the meeting to consider such change order to the construction contract(s). 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 remit same to. City. The remaining eighty
percent (80 %) of the actual Phase I construction cost, and all actual Phase II construction cost,
shall be paid by City to the contractors and assessed as set forth below.
6. City shall specially assess the special assessment portion of the actual Phase I
construction and engineering costs, after credit for said twenty percent (20 %) amount paid by
Developer, against the property owned by developer in SOUTHERN RIDGE SUBDIVISION
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. 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.
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7. City shall specially assess the special assessment portion of the actual Phase II
construction and engineering costs against the rest of the Masek development property 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. All specially assessed costs to be
paid by the Developer shall be assessed on a per acre basis equally divided based on the number
of acres remaining in the Masek development. 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. 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 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 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. City's participation in this Agreement and all of 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.
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10. 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.
11. The City, as of the date of this Agreement, has approved the final plat of
SOUTHERN RIDGE SUBDIVISION consisting of 31 lots, two proposed public streets and
other improvements, including but not limited to water, sanitary sewer and storm sewer.
Pursuant to the terms of this Agreement, City shall cause separate improvement districts to be
created for the installation of the public improvements described herein for SOUTHERN 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.
12. The Developer agrees to convey to City all right, title and interest it may have in the
proposed Ravae Lane and Sunridge Circle, said roads to remain public streets.
13. The Developer and City agree that subsequent subdivision plats will include
dedicated green space in accordance with existing subdivision regulations.
14. The Developer hereby requests that SOUTHERN RIDGE SUBDIVISION be
annexed by the City of Blair, and that all subsequent subdivisions in the Masek development also
be annexed.
15. 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.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date
and year first above written.
ATTEST:
A froit,4 &Li
Brenda Wheeler, City Clerk
STATE OF NEBRASKA )
) ss.
COUNTY OF WASHINGTON )
SUBSCRIBED AND SWORN to on this , day of /2a 2006
by Mark Masek.
i
GENERAL NOTARY - State of Nebraska
NANCY L. MUNROE
My Comm. Exp. Nov 10, 2006
By:
8
CITY OF BLAIR,
-
N ark Masek( ' ersona 1y nd as an
Authorized Representative of Masek
Estates
7 c3,e Azz
NotavCi Public v
Realph, Mayor, City of Blair
STATE OF NEBRASKA )
) ss.
COUNTY OF WASHINGTON )
SUBSCRIBED AND SWORN to on this day of
by Ravae Masek.
GENERAL NOTARY - State of Nebraska
NANCY L. MUNROE
My Comm. Exp. Nov.10, 2006
STATE OF NEBRASKA
) ss.
COUNTY OF WASHINGTON )
GENERAL NOTARY- State of Nebraska
NANCY L. MUNROE
My Comm. Exp. Nov 10, 2006
By: MU _
Ravae Masek, Personally, and as an
Authorized Representative of Masek
Estates
By:
SUBSCRIBED AND SWORN to on this �� day of Az: , 2006
by Hub Hall.
9
Notary Pu'
Hub Hall, Personally and as
Assignee of Developer
, 2006
STATE OF NEBRASKA )
) ss.
COUNTY OF Vt N
By:G Cc - Lim,
Mike Eden, Vice President and
Authorized Representative of First
National Bank Northeast,
Ceresco, Nebraska
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First National Bank Northeast
Ceresco, Nebraska
First National Bank Northeast
SUBSCRIBED AND SWORN to on this (1) day of /7/7 , 2006
by Mike Eden.
rotary Public
GENERAL NOTARY -State of Nebraska
SHERYL A. PRAT
. My Comm. Exp. July 29, 2009
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