2006-53RESOLUTION 2006 - 53
COUNCILMEMBER 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, and Lester and Sharon Johnsen to
develop South View Subdivision, a subdivision of Tax Lot 213 and that part of vacated
13 Avenue lying adjacent to Tax Lot 213 and all lying in Section 13, Township 18
North, Range 11 East of the 6 P.M., Washington County, Blair, Nebraska.
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
FANOELE. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE,
SHOTWELL, FANOELE, ABBOTT, WOLFF, MCMANIGAL AND BIFFAR
VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY, THE MAYOR
DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS
28TH DAY OF NOVEMBER, 2006.
CITY OF BLAIR, NEBRASKA
ES E. REALPH, MAYOR
ATTEST:
411
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 28th day of November, 2006.
,/,_,,,,d/As
BRENDA R. WHEELER, CITY CLERK
DEVELOPER AGREEMENT
THIS AGREEMENT made this 28 day of November, 2006, by and between the City of
Blair, Nebraska, hereinafter referred to as "City ", and Les Johnsen Construction Incorporated
and Lester E. Johnsen, hereinafter referred to as "Developer ".
WHEREAS, Developer has submitted a final plat for the subdivision legally described as:
SOUTH VIEW SUBDIVISION (Lots 1 through 10 inclusive), being a plat of all of Tax Lot 213
and that part of vacated 13 Avenue lying adjacent to Tax Lot 213 and all lying in Section 13,
Township 18 North, Range 11 East of the 6 P.M., Washington County, Nebraska (more
particularly described as follows: Beginning at an iron found at the Southwest Corner of Tax Lot
213, said point being the Southeast Corner of Tax Lot 79, all in Section 13, Township 18 North,
Range 11 East; thence N 00 °00'00" E (assumed bearing) along the westerly line of said Tax Lot
213, easterly line of said Tax Lot 79, a distance of 650.13 feet to an iron found at the Northwest
Corner of said Tax Lot 213; thence continuing N 00 °00'00" E along the easterly line of said Tax
Lot 79 a distance of 50.00 feet to a point 50.00 feet southerly of the Southwest Corner of Tax Lot
223 in said Section 13; thence S 89°53'15" E parallel to and 50.00 feet southerly of the southerly
line of said Tax Lot 223 a distance of 141.41 feet to a point 50.00 feet westerly of the westerly
line of Tax Lot 224 in said Section 13; thence S 00 °07'27" W parallel to and 50.00 feet westerly
of said westerly tax lot line a distance of 50.00 feet to a point on the northerly line of said Tax
Lot 213; thence S 89°53'15" E along said northerly tax lot line a distance of 167.41 feet to the
Northeast Corner of said Tax Lot 213; thence S 00°03'15" W along the easterly line of said Tax
Lot 213 a distance of 649.95 feet to the Southeast Corner of said Tax Lot 213; thence N
89 °55'12" W along the southerly line of said Tax Lot 213 a distance of 308.10 feet to the Point
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of Beginning and containing 4.76 acres, more or less.). (See attached Exhibit A which is fully
incorporated herein by reference.)
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, the Developer acknowledges that no bank or lending institution will have or
claim any interest in said real estate and that no loans will be used to finance 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 paving and storm sewer, water and sanitary sewer
improvement districts for the construction of said improvements within the SOUTH
VIEW 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
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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 seventy -five percent (75 %) of the cost of
all storm sewer construction included in the paving and storm sewer improvement district
will be paid by the City of Blair. The remaining twenty -five percent (25 %) of the cost of
all storm sewer construction will be considered as directly benefiting South View
Subdivision and therefore included in the development cost. Developer shall be
responsible for and pay upon completion of construction under the contracts a sum equal
to five percent (5 %) of the actual construction cost of the storm sewer, which is twenty
percent (20 %) of the twenty -five percent (25 %) benefiting the subdivision. 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 five
percent (5 %) of actual construction costs, City shall remit the balance to Developer. In
the event the surety bond or cash deposit is less than five percent (5 %) of the actual
construction costs, Developer shall within fifteen (15) days following notification by City
of such deficiency remit same to City. The remaining twenty percent (20 %) of the actual
construction cost of the storm sewer, which is eighty percent (80 %) of the twenty -five
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percent (25 %) benefiting the subdivision, shall be paid by City to the contractors and
assessed as set forth below.
5. It is specifically agreed between the parties that Developer shall be responsible for and
pay upon completion of construction under the remaining contracts for paving, water and
sanitary sewer, 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 remit same to City. The remaining
eighty percent (80 %) of the actual construction cost for paving, water and sanitary sewer
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 construction and
engineering costs, 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
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contained in the approved final plat, excluding Lot 6. 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.
7. Developer hereby agrees to hard surface that section of all driveways on Lot 6 which
have a positive slope to the public right of way in accordance with existing zoning
requirements for driveways.
8. It is further 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.
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 SOUTH VIEW
SUBDIVISION consisting of 10 lots, an extension of a public street with a cul -de -sac 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 SOUTH VIEW 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
extension of 13 AVENUE, said road to remain a public street.
13. 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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
first above written.
ATTEST: CITY OF BLAIR
By:
Brenda Wheeler, City Clerk
By:
Lester E. Johnsen, thorized
Les Johnsen Con ruction Incorporated
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Realph, Mayor City `of Blair