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Home My WebLink About20081372,, I~IIIIII~IIII~~III~IIIIIIIIIV'~~ °~,~.o - .,..,, RETFE CASH R.O.D.CK# ~I 1 ~1 RECD ~ 'NUM c JnLI ~Ll r.7o f ~i,l,~t-~ ,/7~{~t RETUR RD. COMP ,~ , ~ ~ i~ COiw~PARE . AO ~ ADAMS COUNTY, NE FILED INST. NO.S~~.s~ 7 `~ Date U -~1-08 Time ~ 8~¢~ REGISTER OF DEEDS CONSTRUCTION LIEN FOR ELECTRICAL WHEREAS, Hastings Utilities (HU) and Housing Development Corporation (Developer(s) are parties to a Real Estate Improvement Contract executed by the parties on the 3rd day of April 2008, and incorporated herein by reference; and, WHEREAS, Housing Development Corporation have specifically waived rights under the Nebraska Construction Lien Act; and, WHEREAS, Housing Development Corporation agreed to complete certain improvements thereunder in exchange for improvement by HU of the said real estate by construction of underground distribution system URD of the agreed value of $3,542.45 per lot and, WHEREAS, Housing Development Corporation remains obligated to HU in the amount of $3,542.45 per lot for said improvements provided in accordance with the terms of the said Agreement; WHEREFORE, HU hereby gives notice of its lien in the amount of $3,542.45 per lot until it is paid in full in accordance with the provisions of the said Real Estate Improvement Contract against the following real estate: Lots 1-6, Block 3, Southwood Third Addition, City of Hastings, Adams County, Nebraska. STATE OF NEBRASKA) °,~i~v~,%~~~~~~,~~ ss ~Glarvin H. Schultes ADAMS COUNTY ) Manager of Hastings Utilities On this ~ day of 1 , 2008, before me, Ron Sekora, a Notary Public, duly commissioned and qualified for and residing in said county, personally came Marvin H. Schultes to me known to be the identical person(s) described in and who executed the foregoing construction lien and acknowledged the said instrument to be their voluntary act and deed. Witness my hand and Notarial Seal the day and year last above written. GENERAL NOTARY - State of Nebraska ~i' ~~~ C.{/. W"Z-c` Il RONALD W. SEKORA My Comm. Exp. Sept. 28, 2oto Notary Public Network/document/employees/SekoraR/Public/HU08/lien/Southwood 3rd Add Block 3 URD.doc /of5 ~aasi~~r~ URD 2008-01 REAL ESTATE IMPROVEMENT CONTRACT FOR UNDERGROUND DISTRIBUTION SYSTEM (URD) Page 1 of 3 WHEREAS, Hastings Utilities (Utility) is a governmental subdivision and Contractor providing utility services to ratepayers in the City of Hastings, Nebraska, and environs; and, WHEREAS, Housing Development Corporation (Developer) is/are titleholders) to the following real estate located within City of Hastings, Adams County, Nebraska: Lots 1, 2, 3, 4, 5, and 6, Block 3, Southwood Third Addition to the City of Hastings, Adams County, Nebraska. and, WHEREAS, the interest of its ratepayers and the general public utility supports the orderly improvement of real estate located within Adams County, Nebraska; and, WHEREAS, Developer is prepared to provide orderly development of the said real estate by construction of improvements thereon; and, WHEREAS, the best interest of the Utility and its ratepayers requires that Developer provide to Utility a security interest for providing utility improvements thereon; WHEREFOR, the parties hereby stipulate and agree: That Utility shall provide an underground distribution system (URD) for improvement of the said real estate for which it will provide, operate, maintain and retain ownership of a single-phase URD system, including high voltage primary cables, transformers, meters, vaults, switching equipment and all other appurtenances required therefore in accordance with Utility specifications and standards as set out in Exhibit A attached hereto and incorporated herein by reference. 2. That Utility shall provide and install an electrical meter at each of said improvements. 3. That Developer shall provide, install, maintain and retain ownership of all secondary cables, conduit and appurtenances necessary therefor from the transformer or secondary pedestal of Utility to the service entrance of said improvements. HU08/pjs/msw/RE Improvement Contracts/URD No. 2008-01 Hastings Development Corporation 3-3-08 Hastings Utilities, Hastings, Nebraska 68901 Page 1 of 3 ~~5 ~UU8~.3'7;~ URD 2008-01 REAL ESTATE IMPROVEMENT CONTRACT FOR UNDERGROUND DISTRIBUTION SYSTEM (URD) Page 2 of 3 4. That Developer hereby conveys unto Utility an easement for providing the said improvements in accordance with a plat thereof including final grades attached hereto as Exhibit A and incorporated herein by reference. That any relocation or modification of the said improvements resulting from deviation from the said plat including final grades shall be performed at the expense of the Developer. If trenching is required when frost is over 4" thick, and if Developer requests installation of trench with frost in the ground, Developer will be responsible for additional cost of equipment to dig trench. Final grade for installation of transformer and switchgear shall be provided by Developer and be above 100 year flood plain. 5. That, in consideration for provision by Utility of the said materials and services, Developer hereby agrees that substantial performance thereof by Utility shall create a lien upon each of the said lots of real estate in the amount of $3,542.45. The value of the said lien upon each such lot maybe amended by agreement of the parties to reflect the total cost of materials and services provided by Utility divided by the number of such lots improved thereby. 6. That the said lien shall remain in full force and effect upon each of the said lots of real estate unless and until Developer shall complete construction of habitable improvement thereon not later than ten (10) years from the date of this Contract as determined by assessment for levy of real estate taxes by the Assessor of Adams County. 7. That upon the said completion Developer shall be entitled to release of the said lien by written demand upon Utility which within thirty (30) days from receipt of the said demand shall execute and deliver to Developer a release of the said lien. That, if Developer does not complete construction of habitable improvement thereon within ten (10) years from execution of this Contract, then each of the said lots of real estate shall be encumbered in the amount set out in paragraph five (5) herein. Interest at the rate of 6% per annum will be charged on all amounts due and not paid. 8. That failure of Developer to undertake construction of the said improvement thereon within six (6) months from the date of this Contract shall entitle Utility to unilaterally terminate its obligation herein by written notice to Developer at the last known address thereof. 9. That if Utility provides materials and services in accordance with the terms of this Contract and if Utility does not unilaterally terminate its obligation hereunder by written notice to Developer and if Developer or any successor or assignee thereof shall fail to complete construction of a habitable improvement upon any of the said parcels within ten (10) years from execution of this Contract, then, notwithstanding the identity of the legal or equitable owner of the parcel of real estate at that time, Developer shall be obligated for payment of the full value of t:~e materials and services provided for each parcel identified above and Developer promises payment thereof upon completion often (10) years from execution of this Contract. 10. Developer hereby specifically waives all rights under the Nebraska Construction Lien Act not specifically set out in this Real Estate Improvement Contract. 11. That this Agreement shall constitute the entire understanding between the parties and shall be binding upon their successors and assigns. HU08/pjs/msw/RE Improvement Contracts/URD No. 2008-01 Hastings Development Corporation 3-3-08 Hastings Utilities, Hastings, Nebraska 68901 Page 2 of 3 ,~of5 2UU~3~3`7;~ URD 2008-01 REAL ESTATE IMPROVEMENT CONTRACT FOR UNDERGROUND DISTRIBUTION' SYSTEM (URD) Page 3 of 3 HOUSING DEVELOPMENT CORPORATION DEVELOPER STATE OF NEBRASKA,) By: ~~,~ti~~,~~ ss. n T COUNTY OF ADAMS ) Title: ~,,..,/_,,e2~~,,,z~ ~. Before me, a notary public qualified for said county, personally came %7/Q~~U~YI ~~ ~c~t_e 1C ~ G'cc~ ~ ~r~~e~t-~ of ~OVS% ~e-~v~l~,r;~P..~ ~e~i~~r~:{-,~,v~.. ,Developer, known to me to be the identical person who signed th~foregoing instrument and acknowledged the execution thereof to be his voluntary act and deed. Witness my hand and notarial seal on this ~ day of l~Ji?1ILC (-{ , 20 (7~. GENERAL NDTARY-State of Nebraska ' - IIN , ROGER L. HASH otary Public My Comm. Exp. May 19, 2008 HASTINGS UTILITIES, by virtue of STATE OF NEBRASKA, ) ss. COUNTY OF ADAMS Resolution of Board of Public Works thereof duly passed on the - ~~ day of ~ ~:. , 20 C'1 ~, . BY~ ~' ~ ,, c`, Title: Ch~ii~man, Board of Public Works Before me, a notary public qualified for said county, personally came ~.~--Lc,~ ~, , ~~ ,Chairman of the Board of Public Works of Hastings Utilities, known to me to be the identical person who signed th/e~foregoing instrument by authority of a resolution of the Board of Public Works on the ,3~day of (..~. , 20~~ ,and acknowledged the execution thereof to be his voluntary act and deed. Witness my hand and notarial seal on this ~~~ day of h.c,,~~ , 20 U ~ . GENt:RAL NOTARY - State of Nebraska ~J1 h .o--f~ ~/~ P,r Q ~~ ~ 1 ~~ CAROL CRECELIUS Notary Public My Comm. Exp. June 4, 7.008 HU08/pjs/msw/RE Improvement Contracts/URD No. 2008-01 Hastings Development Corporation 3-3-OS Hastings Utilities, Hastings, Nebraska 68901 Page 3 of 3 ~ of5 'H' Stroll 'H' Stroll ° ~ Lot 1 ~ Lot t2 Lot 1 ~ ° ~ ~ Lot t ,, ° ~ '. ° w ~° ~ _ ! C 'a Lot 2 '~ O O r Lot 11 '. ~ lat 2 ~,' Lot 2 ,, ~ So u ~' I Lot 3 Lot 10 ~ ~ Lot 3 Lot 3 Block 1 ~ Block ~;2 ~i, Block 3 Lot 4 Lot B ~ ~ Lot 4 ~ Lot 4 ~ ~. i Lot 5 Lot B ~. Lot 5 Lot 5 ~ ~ Lot 8 Lot 7 . ~ ~ \ Lot 8 Lot 8 '. K.nt stro.t Area in Agreement K°nt Stro°t Lot 12 '. ~ Lot 1 ~ Lot 1 Lot 11 Lot 2 ~ Lot 2 ' ~' Lot 10 Lot 3 Lot 3 • ' Block 4 ° Block 5 ~ i ° s o ~ Lot 9 i ~' Lot 4 ° C a Lot 4 r a ~ ~° ~ - Lot e Pa Lots Lot 5 N o rt h Lot ~ L~t 6 Lot 6 ® r+a to sew Waytalr Drlw Wayfalr Drlvs Block 3, Lots 1 -6 HASTI Southwood Third Addition w~ Exhibit "~ Real Estate Real Estate Improvement Contract ~ ° 2008~P J. URD 2008-07 ~'~Wa;te -W. E ~,>,r ~. \\~~\~..-~w~.-oc-c~\rx-o~-0oas swu~a sd ~aauw~ wm aooa-oi.a.o 3-4-OB ~0/" oT