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2006-20RESOLUTION 2006 - 20 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 JCM Investments, Inc. to develop Deerfield Replat 2, Lots 1 -78 inclusive, Deerfield Replat 2, being a replat of Deerfield First Addition, Lots 84 -117 and 143 -189 inclusive, located in the City of Blair, Washington County, Blair, Nebraska, and known as "Deerfield Replat 2 ". 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 WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SHOTWELL. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, ABBOTT, WOLFF, BIFFAR AND MCMANIGAL. 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 J.MS E. REALPH, MAYO ATTEST: 6-12,4/4, A 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. /-1-76-4-c\z/L- , BRENDA R. WHEELER, CITY CLERK May 12, 2006 Jim Morrison JCM Investments, Inc. 7110 Morgan Circle Omaha, NE 68152 RE: Developer's Agreement — Deerfield Replat 2 — Deerfield First Addition Dear Mr. Morrison, Enclosed are two (2) copies of the above agreement for your signature. After signing, please return one (1) copy to our office. If you have any questions, feel free to contact me. Thank you in advance for your assistance in this matter. Sincerely, Enc Th Brenda Wheeler City Clerk CITY OL I3LATQ 218 South 16th Street • Blair, Nebraska 68008 • 402 - 426 -4191 • Fax 402 -426 -4195 • E -mail cityofblair @ci.blair.ne.us � " DEVELOPER AGREEMENT THIS AGREEMENT made this 9 day of May, 2006, by and between the City of Blair, Nebraska, hereinafter referred to as "City ", and JCM Investments, Inc., hereinafter referred to as "Developer". WHEREAS, Developer has submitted a final plat for the subdivision legally described as: A PARCEL OF LAND BEING A REPLAT OF DEERFIELD FIRST ADDITION LOTS 84 THROUGH 117 AND LOTS 143 THROUGH 189 IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 119 IN SAID DEERFIELD FIRST ADDITION; THENCE ALONG THE WEST LINE OF SAID LOT 119, SOUTH 02 DEGREES 20 MINUTES 36 SECONDS EAST, 65.52 FEET TO THE MOST NORTHERLY CORNER OF LOT 118 IN SAID DEERFIELD FIRST ADDITION; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 118 AND SOUTHWESTERLY PROLONGATION, SOUTH 31 DEGREES 13 MINUTES 18 SECONDS WEST, 193.92 FEET TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF FTELDCREST DRIVE, SAID POINT BEING ON A NON - TANGENT CURVE, CONCAVE SOUTHWESTERLY, TO WHICH POINT A RADIAL LINE BEARS NORTH 31 DEGREES 13 MINUTES 18 SECONDS EAST, 312.50 FEET; THENCE SOUTHEASTERLY ALONG SAID SOUTH RIGHT -OF -WAY AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03 DEGREES 58 MINUTES 16 SECONDS, 21.66 FEET TO THE MOST NORTHERLY CORNER OF LOT 142 IN SAID DEERFIELD FIRST ADDITION; THENCE ALONG THE NORTHWEST LINE OF SAID LOT 142, SOUTH 35 DEGREES 11 MINUTES 34 SECONDS WEST, 125.00 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 142; THENCE ALONG THE SOUTHWEST LINE OF SAID LOT 142, SOUTH 46 DEGREES 40 MINUTES 39 SECONDS EAST, 53.03 FEET TO THE NORTHWEST CORNER OF LOT 141 IN SAID DEERFIELD FIRST ADDITION; THENCE ALONG THE WEST LINE OF SAID LOT 141, SOUTH 30 DEGREES 25 MINUTES 06 SECONDS EAST, 53.03 FEET TO THE NORTHWEST CORNER OF LOT 140 IN SAID DEERFIELD FIRST ADDITION; THENCE ALONG THE WEST LINE OF SAID LOT 140, SOUTH 14 DEGREES 09 MINUTES 32 SECONDS EAST, 53.03 FEET TO THE NORTHWEST CORNER OF LOT 139 IN SAID DEERFIELD FIRST ADDITION; THENCE ALONG THE WEST LINE OF SAID LOT 139, SOUTH 02 DEGREES 06 MINUTES 02 SECONDS WEST, 53.03 FEET TO THE NORTHWEST CORNER OF LOT 138 IN SAID DEERFIELD FIRST ADDITION; THENCE ALONG THE WEST LINE OF SAID LOT 138, SOUTH 18 DEGREES 35 MINUTES 38 SECONDS WEST, 54.55 FEET TO THE MOST NORTHERLY CORNER OF LOT 137 IN SAID DEERFIELD FIRST ADDITION; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 137, SOUTH 35 DEGREES 13 MINUTES 54 SECONDS WEST, 54.56 FEET TO THE MOST NORTHERLY CORNER OF LOT 136 IN SAID DEERFIELD FIRST ADDITION; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 136, SOUTH 45 DEGREES 25 MINUTES 14 SECONDS WEST, 70.19 FEET TO THE MOST 1 NORTHERLY CORNER OF LOT 81 IN DEERFIELD SUBDIVISION IN SAID CITY OF BLAIR; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 81, SOUTH 45 DEGREES 25 MINUTES 12 SECONDS WEST, 101.98 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 81; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 81, SOUTH 55 DEGREES 59 MINUTES 33 SECONDS EAST, 4.46 FEET; THENCE SOUTH 34 DEGREES 00 MINUTES 27 SECONDS WEST, 50.00 FEET TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF LINDEN DRIVE, SAID POINT BEING ON A NON - TANGENT CURVE, CONCAVE NORTHEASTERLY, TO WHICH POINT A RADIAL LINE BEARS SOUTH 34 DEGREES 00 MINUTES 28 SECONDS WEST, 325.00 FEET; THENCE SOUTHEASTERLY ALONG SAID SOUTH RIGHT -OF -WAY LINE AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 05 DEGREES 27 MINUTES 43 SECONDS, 30.98 FEET TO THE MOST NORTHERLY CORNER OF LOT 80 IN SAID DEERFIELD SUBDIVISION; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 80, SOUTH 34 DEGREES 00 MINUTES 27 SECONDS WEST, 126.48 FEET TO A POINT ON THE NORTHEASTERLY LINE OF LOT 79 IN SAID DEERFIELD SUBDIVISION; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 79 AND LOTS 78 THROUGH 76 IN SAID DEERFIELD SUBDIVISION, NORTH 55 DEGREES 59 MINUTES 33 SECONDS WEST, 289.34 FEET TO THE MOST EASTERLY CORNER OF LOT 74 IN SAID DEERFIELD SUBDIVISION; THENCE ALONG THE NORTHEAST LINE OF SAID LOT 74, NORTH 49 DEGREES 06 MINUTES 26 SECONDS WEST, 60.62 FEET TO THE MOST EASTERLY CORNER OF LOT 73 IN SAID DEERFIELD SUBDIVISION; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 73, NORTH 39 DEGREES 19 MINUTES 43 SECONDS WEST, 60.61 FEET TO THE SOUTHEASTERLY CORNER OF LOT 72 IN SAID DEERFIELD SUBDIVISION; THENCE ALONG THE EAST LINE OF SAID LOT 72, NORTH 29 DEGREES 23 MINUTES 39 SECONDS WEST, 60.61 FEET TO THE SOUTHEASTERLY CORNER OF LOT 71 IN SAID DEERFIELD SUBDIVISION; THENCE ALONG THE EAST LINE OF SAID LOT 71, NORTH 19 DEGREES 27 MINUTES 36 SECONDS WEST, 60.61 FEET TO THE SOUTHEAST CORNER OF LOT 70 IN SAID DEERFIELD SUBDIVISION; THENCE ALONG THE EAST LINE OF SAID LOT 70, NORTH 09 DEGREES 46 MINUTES 19 SECONDS WEST, 60.63 FEET TO THE SOUTHEAST CORNER OF LOT 69 IN SAID DEERFIELD SUBDIVISION; THENCE ALONG THE EAST LINE OF SAID LOT 69, NORTH 02 DEGREES 20 MINUTES 36 SECONDS WEST, 69.69 FEET TO THE NORTHEAST CORNER OF SAID LOT 69; THENCE ALONG THE NORTH LINE OF SAID LOT 69, SOUTH 87 DEGREES 39 MINUTES 24 SECONDS WEST, 125.00 FEET TO A POINT ON THE EAST RIGHT -OF- WAY LINE OF VOSS DRIVE; THENCE ALONG SAID EAST RIGHT -OF -WAY LINE, NORTH 02 DEGREES 20 MINUTES 36 SECONDS WEST, 55.45 FEET TO A POINT ON THE EASTERLY PROLONGATION OF THE NORTH LINE OF LOT 68 IN SAID DEERFIELD SUBDIVISION; THENCE ALONG SAID NORTH LINE AND THE EASTERLY PROLONGATION, SOUTH 87 DEGREES 39 MINUTES 24 SECONDS WEST, 175.00 FEET TO A POINT ON THE EAST LINE OF LOT 1R IN DEERFIELD REPLAT I IN THE CITY OF BLAIR; THENCE ALONG THE EAST LINE OF SAID LOT 1R, NORTH 02 DEGREES 20 MINUTES 36 SECONDS WEST, 41.55 FEET TO THE NORTHEAST CORNER OF SAID LOT 1R; THENCE ALONG THE NORTH LINE OF SAID LOT 1R 2 TROUGH LOT 3R IN SAID DEERFIELD REPLAT I, SOUTH 87 DEGREES 39 MINUTES 24 SECONDS WEST, 211.51 FEET TO THE NORTHEAST CORNER OF LOT 4R IN SAID DEERF (KLD RAPLAT I; THENCE ALONG THE NORTH LINE OF SAID LOT 4R, SOUTH 73 DEGREES 00 MINUTES 06 SECONDS WEST, 51.50 FEET; THENCE ALONG THE NORTH LINE OF SAID LOT 4R AND LOT 5R IN SAID DEERFIELD REPLAT I, SOUTH 54 DEGREES 45 MINUTES 40 SECONDS WEST, 59.48 FEET; THENCE ALONG THE NORTH LINE OF SAID LOT 5R THROUGH LOT 7R IN SAID DEERFIELD REPLAT I, SOUTH 51 DEGREES 36 MINUTES 20 SECONDS WEST, 216.00 FEET; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 7R, SOUTH 40 DEGREES 34 MINUTES 12 SECONDS WEST, 110.47 FEET TO THE MOST NORTHERLY CORNER OF LOT 4 IN SAID DEERFIELD SUBDIVISION; THENCE ALONG THE WEST LINE OF SAID LOT 4 THE FOLLOWING 2 COURSES: (1) SOUTH 11 DEGREES 17 MINUTES 28 SECONDS WEST, 57.48 FEET; (2) SOUTH 06 DEGREES 54 MINUTES 06 SECONDS WEST, 215.95 FEET TO THE NORTHEAST CORNER OF LOT 82 IN SAID DEERFIELD SUBDIVISION; THENCE ALONG THE NORTH LINE OF SAID LOT 82 AND IT'S WESTERLY PROLONGATION, NORTH 83 DEGREES 05 MINUTES 54 SECONDS WEST, 173.68 FEET TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF FIELDCREST DRIVE, SAID POINT BEING ON A NON - TANGENT CURVE, CONCAVE EASTERLY, TO WHICH POINT A RADIAL LINE BEARS NORTH 89 DEGREES 18 MINUTES 41 SECONDS WEST, • 225.00 FEET; THENCE SOUTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 13 DEGREES 23 MINUTES 49 SECONDS, 52.61 FEET TO THE NORTHEAST CORNER OF LOT 83 IN SAID DEERFIELD SUBDIVISION; THENCE ALONG THE NORTH LINE OF SAID LOT 83, SOUTH 89 DEGREES 11 MINUTES 29 SECONDS WEST, 144.87 FEET TO A POINT ON THE CENTERLINE OF THE ABANDONED CHICAGO NORTHWESTERN TRANSPORTATION COMPANY RAILROAD, SAID POINT BEING ON A NON - TANGENT CURVE, CONCAVE EASTERLY, TO WHICH POINT A RADIAL LINE BEARS NORTH 89 DEGREES 41 MINUTES 53 SECONDS WEST, 1432.41 FEET; THENCE NORTHERLY ALONG SAID CENTERLINE AND SAID CURVE, THROUGH A CENTRAL ANGLE OF 06 DEGREES 36 MINUTES 00 SECONDS, 165.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE, NORTH 06 DEGREES 54 MINUTES 06 SECONDS EAST, 552.70 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 2914.82 FEET; THENCE NORTH ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02 DEGREES 40 MINUTES 05 SECONDS, 135.73 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTH WEST QUARTER OF SECTION 2, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6 P.M., WASHINGTON COUNTY, NEBRASKA; THENCE ALONG SAID NORTH LINE, NORTH 87 DEGREES 42 MINUTES 33 SECONDS EAST, 1097.71 FEET TO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 2; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 87 DEGREES 39 MINUTES 24 SECONDS EAST, . 719.34 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS AN AREA OF 23.41 ACRES, MORE OR LESS. (See attached Exhibit A which is fully incorporated herein by reference.) 3 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, JCM Investments, Inc, Omaha, Nebraska 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 Deerfield Replat 2 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 tee ns and conditions approved by City. 3. Developer hereby agrees to pay twenty percent (20 %) of all construction costs attributed to such districts that benefit his/her subdivision. City shall not be required to 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 4 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, 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, 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 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 cost, after credit for said twenty percent (20 %) amount paid by Developer, 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. 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 5 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 farther agreed by all parties, including the Developer and any other persons 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. 7. 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 case law and the statutes of the State of Nebraska and the Municipal Code of the City of Blair. 8. Developer hereby agrees that payments on the special assessments made against the above - described real estate are due annually and that the Developer will not allow any general real estate taxes to become delinquent. 9. The City as of the date of this Agreement has approved the final plat of Deerfield Replat 2 Subdivision consisting of 78 lots, a proposed public street and other improvements. 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 Deerfield Replat 2 6 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. 10. The Developer agrees to convey to City all right, title and interest it may have in the proposed Fieldcrest Drive, Linden Circle, and Voss Drive, said roads to remain public streets. 11. This Agreement shall be binding upon and inure to the benefit of the Developer, City, and each of their respective successors, representatives and assigns. 12. The Developer further states that there are no liens attached to this real estate. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first above written. ATTEST: By: / �i Brenda Wheeler, City Clerk ICM Investments, Authorized Repre - ve 7 CITY OF BLAIR ATTEST: alph, ayor City ofBlair BYE �ra /V'c_Jit