2015-41RESOLUTION NO. 2015 - 41
COUNCIL MEMBER HANSEN INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair, Nebraska, hereinafter referred to as "City", owns real estate
located on a parcel of land hereinafter referred to as "Site", near the City of Blair Water/Sewage
Plant in Blair, NE and commonly known as 742 Fairview Dr., Blair, Nebraska, and
WHEREAS, Northstar Endeavors, L.L.C., dba Northstar Wind, hereinafter referred to as
"Tenant", desires to occupy, and the City is willing to lease said real estate to the Tenant, at the
Site for Tenant's Wind Tower Project, hereinafter referred to as "Tower", including the related
equipment necessary for operation of said project.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA, that the City of Blair has entered into an agreement with
Northstar Endeavors, L.L.C., attached hereto and fully incorporated herein by reference, leasing
land for the location of the Tower, and that the terms and conditions as contained in the Agreement
with Northstar Endeavors, L.L.C. are hereby approved and that the Mayor is hereby authorized to
execute said Agreement.
COUNCILMEMBER HANSEN MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ANDERSEN.
UPON ROLL CALL, COUNCILMEMBERS SHEPARD, STEWART, HANSEN, WILLIS,
ANDERSEN, WOLFF, HALL AND JENSEN VOTING "AYE", AND COUNCILMEMBERS
NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION
PASSED AND ADOPTED THIS 24TH DAY OF NOVEMBER 24, 2015.
CITY OF BLAIR, NEBRASKA
BY:�:t, WL---
S REALPH, MAY R
ATTEST:
B NDA 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 24th day of
November, 2015.
B NDA R. WHEELER, CITY CLERK
LEASE AGREEMENT FOR WIND TOWER PROJECT
This Lease is made and entered into the 24th day of November 2015, by and
between The City of Blair, Nebraska, whose address is 218 S 16th Street, Blair, NE
68008, hereinafter referred to as "City", and Northstar Endeavors, LLC dba Northstar
Wind, hereinafter referred to as "Tenant."
WHEREAS, City owns real estate located on a parcel of land hereinafter referred
to as "Site", near the City of Blair Water/Sewage Plant in Blair, NE and commonly
known as 742 Fairview Dr., Blair, Nebraska. See the Site as identified on Exhibit "A"
attached hereto and fully incorporated herein by reference.
WHEREAS, Tenant desires to occupy, and the City is willing to lease said real
estate to the Tenant, at the Site for Tenant's Wind Tower Project, hereinafter referred to
as Tower, including the related equipment necessary for operation of said project.
NOW, THEREFORE, in consideration of the mutual promises, conditions, and
other good and valuable consideration of the parties hereto, it is covenanted and agreed as
follows:
1. Use of the Premises and Grant of Easement Rights. Tenant shall be
entitled to nonexclusive use the premises to construct, operate, modify as necessary, and
maintain thereon a Wind Tower device not to exceed one hundred (100) feet in height,
and all necessary lines, anchors, connections, devices and equipment for the installation
and operation of the Tower with the approval of the City.
2. Term of Lease. The lease term will be eighteen (18) months, commencing
on December 1St, 2015 and ending on June 1, 2017.
3. Termination of Agreement. After the conclusion of the first year, either
party shall have the unilateral right to terminate this Lease at any time by giving ninety
(90) days written notice to the other party.
4. Rent. Tenant shall pay rent to the City in the amount of one dollar ($1.00)
per month, which shall be due on the first day of each calendar month during the term of
the lease.
5. Tenant's Personal Property. The City acknowledges and agrees that all
personal property, equipment, apparatus, fittings, building, fixtures and trade fixtures
installed or stored on the Premises by Tenant constitute personal property, not real
property, and shall continue to be the personal and exclusive property of Tenant.
Tenant's Equipment shall remain at all times the personal property of Tenant, and neither
the City nor any person claiming by, through or under the City shall have any right, title
or interest in Tenant's Equipment. Tenant shall have the right to remove Tenant's
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Equipment at any time during the term of this Lease or its earlier termination.
6. Tower Maintenance. Tenant represents and acknowledges that it has the
duty and responsibility to repair and maintain the Tower.
7. Utilities. Tenant shall be responsible for the separate metering, billing,
and payment of all utility services consumed by its operations if necessary. All meter
locations shall be approved by the City. If the Tenant requires additional utilities,
additional utilities would need to be installed and metered at the Tenant's expense.
8. Taxes. Tenant shall pay any personal property taxes levied against
Tenant's equipment. The City is responsible for all real estate taxes and assessments
attributable to the land underlying the Premises.
9. Access. Tenant shall have access to the site at all hours of the day and
night as agreed to by the City. Tenant and City agree that the City may use the access
through the site by opening the gates for public access to Optimist Park and the boat dock
at such time as the City does maintenance, repair, and/or upgrade to the Fairview Drive.
10. Fencing. The City will not re-establish the fence but the lessee may fence
the area covered by the lease as shown on Exhibit "A" attached hereto and fully
incorporated herein by reference. The fence may not remain in place for a period beyond
the term of the lease. Should the City need to develop the real estate in question the City
shall give thirty (30) day written notice to the Tenant to remove the said fence
11. Compliance with Laws. Tenant, shall, at Tenant's cost and expense,
comply with all federal, state, county or local laws, rules, regulations and ordinances now
or hereafter enacted by any governmental authority or administrative agencies having
jurisdiction over the Site and Tenant's operations thereupon.
12. Indemnification. Tenant shall indemnify and hold the City harmless from
and against any loss, damage, or injury caused by, or on behalf of, or through the fault of
the Tenant, or resulting from Tenant's use of the Premises or its presence at the Site.
Nothing in this Article shall require either party to indemnify the other party against such
other party's own willful or negligent misconduct.
13. Insurance. During the term of this agreement the Tenant shall provide at
least annually, proof of insurance continuously covering claims for public liability,
personal injury, death and property damage with limits not less than $1,000,000 per
person and $2,000,000 per occurrence, and property damage insurance of not less than
$1,000,000. Such insurance shall insure against liabilities arising out of or in connection
with the Tenant's use or occupancy of the City's premises.
14. Interference. Tenant's facilities shall be installed and operated in a
manner that does not cause interference with the City's existing operations. Should such
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interference occur, Tenant shall diligently pursue a cure to remove or satisfactorily
alleviate such interference. The City hereby covenants to use its best efforts to afford
Tenant similar protection from interference which may be caused by the operation of
tenants that begin occupying the premises subsequent to the commencement of Tenant's
lease.
15. Default. If Tenant fails to comply with any provision of this Lease which
the other party claims to be a default hereof, the City shall serve written notice of such
default upon the defaulting party, whereupon a grace period of thirty (30) days shall
commence to run during which the defaulting party shall undertake and diligently pursue
a cure of default. This Article shall not apply in the case of interference, which instead
shall require immediate and effective curative action.
16. End of Lease Term. Upon the expiration or earlier termination of this
Lease, Tenant shall remove all of Tenant's property from the Premises and surrender the
Premises to the City in good condition, reasonable wear and tear excepted. The parties
agree that all of Tenant's property must be removed from the Premises no later than thirty
(30) days from the date of expiration or effective termination hereof unless otherwise
agreed to in writing. However, at the end of the lease term Tenant agrees to remove the
Tower, fence, all fixtures, foundations and associated hardware to a level that is six (6)
feet below the ground surface. Tenant shall have the option if mutually agreed upon in
writing to donate the Tower to the City subject to the City's written acceptance. The
City shall have the option to retain Foundation and Slab on Grade if it so agrees and the
City at its sole discretion may allow the anchor bolts to be cut off at grade. All rock
parking roads and road ways shall be left intact upon termination of the lease term and
they shall become the property of the City.
17. Binding Effect. All of the covenants, conditions, and provisions of this
Lease shall inure to the benefit of and be binding upon the parties hereto and their
respective successors.
18. Entire Agreement. This Lease constitutes the entire agreement of the
parties, and may not be modified except in writing signed by the party against whom such
modification is sought to be enforced.
19. Choice of Law and Forum. Any dispute under this agreement shall be
governed by the laws of the State of Nebraska and shall be limited to the court system of
Washington County, Nebraska by agreement of the parties.
IN WITNESS WHEREOF, the parties have executed this Lease as of the date first above
written.
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CITY: City of Blair, Nebraska
By:
s E. Realph, Mayor
State of Nebraska )
) ss.
County of Washington )
I, the undersigned, a notary public in and for the State and County aforesaid, do
hereby certify that James E. Realph, known to me to be the same person whose name is
subscribed to the foregoing Lease, appeared before me this day in person and
acknowledged that, pursuant to his authority, he signed the said Lease as his free and
voluntary act and deed for the uses and purposes therein stated.
Given under my hand and seal this 24th day of November, 2015.
GENERAL NOTARY • State of Nebraska
BRENDA R WHEELER
My Comm. Exp. June 20, 2016
TENANT:
Ai
Notary Public
My commission expires 'I Lo I i t �,
Authorized Representative of Northstar Endeavors, LLC
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Printed: PcJe r5�
Title: C
Page 4 of 5
State of Nebraska )
)ss
County of Washington )
I, the undersigned, a nory public in and for the State and County aforesaid, do
hereby certify that N'". ' ` an authorized
representative of Northstar Endeavors, LLC, known to me to be the same person whose
name is subscribed to the foregoing Lease, appeared before me this day in person and
acknowledged that, pursuant to his authority, he signed the said Lease as his free and
voluntary act on behalf of Northstar Wind Towers L.L.C. for the uses and purposes
therein stated.
Given under my hand and seal this day of � q' 1_ , 2015.
GENERCHERIR� FIANSEN ka
My COff M. Exp,
Oct, 25, 2017
Notary Public
My commission expires . LOU
a R
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ACORL)° CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDNYYY)11/s/2o15
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
VGM Specialty Underwriters
6750 Antioch Rd., Suite 305
Merriam KS 66204 ---INSURER
coNTA VGM S ecialt Underwriters
NAME: p �'
A No Ext: ($00)203-3233 arc No: (855)760-3880
ADDRESS:Jlenda.dowell@vgmsu.com
INSURERS AFFORDING COVERAGE NAIC #
A:Scottsdale Insurance Cc
INSURED
Northstar Endeavors, LLC
Northstar Wind Towers
PO BOX 452
Blair NE 68008
INSURER B:
INSURER C:
INSURER D:
INSURER E :
INSURERF:
COVERAGES CERTIFICATE NUMBER:CL1511925329 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR I
LTR
�ypE OF INSURANCE
INSD
WVD
POLICY NUMBER
POLICY EFF
MMIDDIYYYY
POLICY EXP
MM1DD/YYYY
LIMITS
A
X COMMERCIAL GENERAL LIABILITY
CLAIIAS-MADE XI OCCUR
CPS2284306
10/9/2015
10/9/2016
EACH OCCURRENCE $ 1,000,000
DAMAGE TO RE TED 100 000
PREMISES Ea occurrence $ r
MED EXP (Any one person) $ EXCLUDED
PERSONAL&ADV INJURY $ EXCLUDED
GEN'L AGGREGATE LIMIT APPLIES PER:
X POLICY F ��7 7 LOC
N OTHER:
GENERAL AGGREGATE $ 2,000,000
PRODUCTS - COMP/OP AGG $ EXCLUDED
$
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
HIREDAUTOS AUTOS
COMBINED SINGLE LIMIT $
Ea accident
BODILY INJURY (Per person) $
BODILY INJURY (Peraccident) $
PROPERTY DAMAGE $
Per accident
4EXCESS
UMBRELLA LIAB
LIAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE $
AGGREGATE $
DED I I RETENTION $
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/A
I
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYE $
E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required)
(402)426-4195
City of Blair
218 S. 16th St.
Blair, NE 68008
ACORD 25 (2014101)
1NS025 (2014011
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATWE
ll AAAA AAAA A/�nnn i+nn nnn hTIn AI n n .. L.3.. ..J
The ACORD name and logo are registered marks of ACORD
Other Named Insureds
Northstar Wind
Northstar Wind Towers
Additional Named Insureds
Doing Business As
Doing Business As
OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC