RES 2020-0300 - West Hampton Park - Subdivision Agmt
SUBDIVISION AGREEMENT
West Hampton Park (Lots 7-12 and Outlot D)
THIS AGREEMENT (this “Agreement”), made and entered into this _____ day of _______________ , 20___,
among Edward Rose Development Company, L.L.C., a Michigan limited liability company, (hereinafter referred to
as "Subdivider"), the CITY OF OMAHA, a Municipal Corporation in the State of Nebraska (hereinafter referred to
as "City"), and the Sanitary & Improvement District (SID) 489 of Douglas County, Nebraska (“SID 489”).
WITNESSETH
WHEREAS, Subdivider is the owner of the land included within the proposed plat attached hereto as Exhibit "A",
which parcel of land (hereinafter referred to as the "Area to be Developed") is outside the corporate limits of the City
and within the City's zoning and platting jurisdiction; and,
WHEREAS, the Subdivider proposes to build public improvements in the Area to be Developed; and,
WHEREAS, the Subdivider wishes to connect the system of sanitary sewers to be constructed within the Area to be
Developed to the sewer system of the City; and,
WHEREAS, the parties wish to agree on the method for the installation and allocation of expenses for public
improvements to be constructed in the property.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
For the purpose of this Agreement, the following words and phrases shall have the following meanings:
The "cost" or "entire cost" of a type of improvement shall be deemed to include all construction costs, engineering
fees, attorneys' fees, testing expenses, publication costs, financing costs and miscellaneous costs.
SECTION I
Subdivider shall construct and install all items stated in this Section, and perform all other duties listed in this
section. Subdivider shall, within such time periods set forth below, present to the City Clerk for the benefit of the
City binding contracts in full force and effect calling for the timely and orderly installation of the following public
improvements, according to the terms of those contracts for the installation of the improvements set forth in this
section:
A. Water and gas distribution mains located within dedicated street rights-of-way dedicated per plat (see
Exhibit “A” attached hereto) to be installed by the Metropolitan Utilities District (“MUD”). A contract with
MUD will be provided by the Subdivider to the City as soon as available, but in no event longer than four
(4) months from the date of execution of this Agreement.
B. Underground electrical service to each of the lots in the Area to be Developed to be installed by the Omaha
Public Power District (the “OPPD”). A contract with OPPD will be provided by the Subdivider to the City
as soon as available, but in no event longer than four (4) months from the date of execution of this
Agreement.
C. Sidewalks along both sides of all public streets within the Area to be Developed shall be constructed by or
caused to be constructed by the Subdivider in conformance with Section 53-9 (9), and with Section 55-924
(where applicable), according to the following schedule:
1. Sidewalks and street trees shall be constructed immediately abutting vacant lots as soon as the lots
comprising sixty-five percent (65%) of the abutting footage on such side have been built upon.
2. Sidewalks and street trees shall be constructed immediately abutting built-upon lots as soon as
weather permits.
3. In any event, all sidewalks and street trees shall be constructed upon any public streets according
to the plat within three (3) years of the recording of the subdivision plat.
D. A 10’ wide concrete trail (the “Public Trail”) shall be constructed by SID 489 along the south side of Grant
Street, between Blondo Parkway and 192nd Street as depicted on Exhibit “B” attached hereto, in accordance
with the Parks Master Plan of the City of Omaha within two (2) years from the execution of this Agreement.
Plans for the Public Trail shall be approved by the Omaha Parks Department prior to construction.
SECTION II
The parties agree that the entire cost of all public improvements paid for privately by the
Subdivider or paid for by future developers of lots within the Area to be Developed and set out in Section I herein
shall be defrayed as follows:
A. One hundred percent (100%) of the entire cost of all sidewalk construction shall be paid for privately by the
Subdivider or if the lot(s) upon which the sidewalk is constructed is owned by a party other than Subdivider
at the time of construction, then the owner of such lot(s) shall be responsible for paying for such costs of
construction (or their respective share thereof).
B. The entire cost of the installation of electrical power service and gas distribution system shall be paid for
privately by the Subdivider.
C. Park fees shall be paid as follows:
1. Trails / Boulevard Fee. There will be no platting fees for trails and boulevards. A Trail and
Boulevard Fee will be assessed at the time of building permit.
SID 489 is authorized to pay $108,900.00 in trail improvements. SID 489 is entitled to an
estimated reimbursement of $108,900.00, based upon the estimate shown in the attached Exhibit
“E”. Actual reimbursement will be adjusted to reflect final soft and construction costs. The City
will reimburse SID 489 only as monies are available in the Trail and Boulevard fund and in
chronological order of the date of the final plat. It is understood by SID 489 and the City that the
source of repayment shall be limited to the Trail and Boulevards account of the Park Development
Fund. SID 489 is not promised payment from the City for any other grant, reimbursement nor
annexation. SID 489 shall request reimbursement from the City upon completion of the project
and provide supporting cost documentation.
2. Community Parks. Approximately fifty percent (50%) of the Community Park (CP) Fee will be
paid by the Subidvider at the time of final platting. This portion of the CP Fee is calculated on a
per-acre basis as follows:
Lots 7-12, Commercial or Industrial, 9.89 Acres @ $750.00 per acre $7,417.50
Outlot D, Residential, 34.91 Acres @ $400.00 per acre $13,964.00
TOTAL: $21,381.50
The remaining portion of the CP Fee will be assessed at the time of building permits on a per-lot basis.
SECTION III
A. Subdivider covenants and agrees that the Subdivider will abide by and incorporate into all of its
construction contracts the provisions required by the regulations of the City pertaining to construction of
public improvements in subdivisions and testing procedures therefore.
B. All parties covenant and agree that nothing in this Agreement shall be construed so as to oblige the City to
annex the Area to be Developed or any part thereof.
C. The Subdivider shall not sue nor fund any lawsuit to prevent any annexation of property within the
subdivision by the City.
SECTION IV
In the performance of this Agreement, the Subdivider shall not discriminate against any parties on account of race,
color, creed, political or religious affiliation, sex, marital status, sexual orientation, gender identity, national origin,
age, or disability in violation of federal or state laws or local ordinances.
SECTION V
A. Subject to the conditions and provisions hereinafter specified, the City hereby grants permission to the
Subdivider to connect its sewer system to the sewer system of the City for a period not to exceed ten (10)
years, in such manner and at such place or places designated on plans submitted by the Subdivider and
approved by the City.
B. Upon the completion of any sanitary outfall sewer (“Sanitary Outfall Sewer”), if any, built by the
Subdivider, the City shall be granted and they shall accept control and operation of the facility. The
Subdivider shall convey by proper legal instrument all its rights, easements, title, and interest in such
Sanitary Outfall Sewer to the City. The form of conveyance shall be upon approved City forms.
C. Without prior written approval by the City, the Subdivider shall not permit any sewer lines outside the
presently described boundaries to be connected to: the sewer or sewer lines of the subdivision, any sewer
from the subdivision’s boundaries to the sewers of the City, any outfall sewer of the City, or any sewage
treatment plant of the City. The City shall have exclusive control over connections to its sewers whether
inside or outside the subdivision. The Subdivider shall not collect charges for such connections.
D. At all times, all sewage from and through said subdivision into the City sewer system shall be in conformity
with the ordinances, regulations, and conditions applicable to sewers and sewage within the City as now
existing and as from time to time may be amended.
E. Before any connection from any premises to the sewer system of the subdivision may be made, a permit
shall be obtained for said premises and its connection from the proper department of the City, which permit
shall be obtainable on the same terms, conditions, and requirements of the City and for the same permit fee
of the City applicable from time to time to permit property outside the City to connect to the sewer system
of the City; it being expressly understood that the City reserves the right to collect all connection charges
and fees as required by City ordinances or rules now or hereafter in force; all such connections shall comply
with minimum standards prescribed by the City.
F. Notwithstanding any other provisions of this Agreement, City retains the right to disconnect the sewer of
any industry, or other sewer user within the Area to be Developed, which is discharging into the sewer
system in violation of any applicable ordinance, statute, rule or regulation.
G. The Subdivider warrants that it has not employed or retained any company or person, other than a bona fide
employee working for the Subdivider, to solicit or secure this Agreement, and that it has not paid or agreed
to pay any company or person, other than a bona fide employee working for the Subdivider, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from
the award or making of this Agreement. For breach or violation of this warranty, the City shall have the
right to annul this Agreement without liability. The Subdivider shall require the same warranty from each
contractor with whom it contracts in any way pertaining to its sewage system. The prohibition provided for
herein shall not apply to the retention of an attorney or other agent for the purpose of negotiating the
provisions of this Agreement where the existence of such agency has been disclosed to the City.
H. The Subdivider expressly agrees that they are and shall be:
1. Bound by and to any provisions of any ordinances, rules and regulations hereafter made and
adopted by the City of Omaha applicable to subdivisions whose sewers connect directly or
indirectly with or into sewers or sewage systems of the City of Omaha; and,
2. Bound by any terms and provisions which by ordinance, resolution or rule of the City of Omaha
shall hereafter adopt or provide as being applicable to or required in contracts with subdivisions or
in order to permit or continue the discharge of any sewage from a subdivision to flow into or
through any part of the sewer or sewage system of the City of Omaha.
SECTION VI
A. The owner of each lot shall make payment to the City of Omaha for the construction of interceptor sewers.
This fee is computed as follows for the lots shown on the plats (Exhibit "A"). Payment shall be made to the
City Permits and Inspections Division prior to receiving a building permit to construct improvements on any
lot. Payment shall be based on the then-current fee on the date of the building permit application, as
adopted by the Omaha City Council. For example, for 2019, the fee would be as follows:
Lots 7-12, MU,
9.89 Acres @ $7,407.00 $73,255.23
TOTAL: $73,255.23
B. In the event the Subdivider shall plat additional lots which will be in the subdivision which he wishes to
connect to the Omaha sewer system, this Agreement shall be amended by the parties to provide payment of
the current fee for the additional lots before any sewer permits are issued by the City.
C. The Subdivider and the City agree that payment made under Section VI-A of this Agreement shall
constitute a Special Sewer Connection Fee for the area described in Section VI-A and shall be collected by
the City as a Special Sewer Connection Fee as follows:
1. The real estate shall be charged the special sewer fee amount as set forth in Section VI-A for each
lot or parcel.
2. The Special Sewer Connection fee shall be collected by the City from the owner of each lot or
parcel of real estate in the amount as shown in Section VI-A prior to the time any such lot or parcel
is built upon and before the building sewer is connected to the sanitary system of the subdivision.
3. In the event of annexation by the City, the Special Sewer Connection Fee shall continue to remain
as a charge against each lot which has not previously paid said Special Sewer Connection Fee.
The Special Sewer Connection Fee shall be collected and retained by the City from each such lot
owner before the building sewer is connected to the sanitary system.
D. The City may collect, within the area to be developed, the City's sewer connection and permit fees, as
provided by existing City ordinances and its sewer use and connection fees as now or hereafter existing.
Such fees shall be in addition to the payments provided for in Section VI-A herein.
E. No sewer permit will be issued by the City for any construction on any lot in the area described in Section
VI-A until payment to the City of the Special Sewer Connection Fee for that particular lot as called for in
Section VI-A.
F. The owner of each lot shall make payment to the City of Omaha for Watershed Management Fees. The
aggregate Watershed Management Fee is computed as follows for the lots shown on the plats depicted on
Exhibit “A”; provided, however, that the actual Watershed Management Fee shall be assessed and paid
separately on a per-lot basis by each owner to the City Permits and Inspections Division prior to receiving a
building permit to construct improvements on such owner’s lot. Payment shall be based on the then-current
fee on the date of the building permit application, as adopted by the Omaha City Council. For example, for
FY2020, the aggregate Watershed Management Fee would be as follows:
Lots 7-12, Commercial/Industrial/Mixed Use/Institutional,
9.89 Acres @ $4,963.00 $49, 084.07
TOTAL: $49,084.07
G. In the event the Subdivider shall plat additional lots which will be in the subdivision, this Agreement shall
be amended by the parties to provide payment of the current fee for the additional lots before any building
permits are issued by the City.
H. The Subdivider and the City agree that payment made under Section VI-F of this Agreement shall constitute
a Watershed Management Fee for the area described in Section VI-F and shall be collected by the City as a
Watershed Management Fee as follows:
1. The real estate shall be charged the Watershed Management Fee amount as set forth in Section VI-
F for each lot or parcel.
2. The Watershed Management Fee shall be collected by the City from the owner of each lot or
parcel of real estate in the amount as shown in Section VI-F prior to the time any such lot or parcel
is built upon.
3. In the event of annexation by the City, the Watershed Management Fee shall continue to remain as
a charge against each lot which has not previously paid said Watershed Management Fee. The
Watershed Management Fee shall be collected and retained by the City from each such lot owner
before the building permit is issued.
SECTION VII
A. Installation of entrance signs or related fixtures and any median landscaping and related fixtures shall be
paid for by the Subdivider. Plans for such proposed improvements that are to be located in public right-of-
way and a proposed maintenance agreement for the improvements must be submitted to the City for review
and approval prior to the installation of improvements.
B. Outlot D shall be used for stormwater management, floodway and floodplain and will be owned and
maintained by the Subdivider.
C. No separate administrative entity nor joint venture, among the parties, is deemed created by virtue of the
Subdivision Agreement.
D. The administration of this Subdivision Agreement shall be through the offices of the undersigned officers
for their respective entities.
EXHIBIT C
PUBLIC TRAIL COST ESTIMATE
L O T 8
(57,949 SQUARE FEET
OR 1.330 ACRES)
L O T 7
(44,832 SQUARE FEET
OR 1.029 ACRES)
O U T L O T D
(1,520,673 SQUARE
FEET OR 34.910 ACRES)
L O T 1 2
(29,059 SQUARE FEET
OR 0.667 ACRES)
L O T 9
(115,689 SQUARE FEET
OR 2.656 ACRES)
L O T 1 0
(94,005 SQUARE FEET
OR 2.158 ACRES)
L O T 1 1
(89,465 SQUARE FEET
OR 2.054 ACRES)
L O T 9
L O T 8
O U T L O T D
(1,520,673 SQUARE
FEET OR 34.910 ACRES)
Sheet Title
Sheet Number
thompson, dreessen & dorn er, inc.
10836 Old Mill Rd
Omaha, NE 68154
p.402.330.8860 f.402.330.5866
td2co.com
WEST HAMPTON PARKLOTS 7, 8, 9, 10, 11 AND 12 & OUTLOT DCITY OF OMAHA
FINAL PLAT
Revision Dates
No.Description MM-DD-YY
Job No.: A1434-19-3A
Drawn By: RJR
Reviewed By: JDW
Date: MARCH 17, 2019
Book:
Page:
------
------
------
0'50'100'
------
SHEET 1 OF 2
LOTS 7, 8, 9, 10, 11 AND 12 AND OUTLOT D
WEST HAMPTON PARK
BEING PLATTING OF PART OF THE FOLLOWING: (1) THE NW 1/4 OF THE SW 1/4, (2) THE NE 1/4 OF THE SW 1/4, (3)
THE SW 1/4 OF THE SW 1/4, (4) THE SE 1/4 OF THE SW 1/4, (5) THE NW 1/4 OF THE SE 1/4, (6), THE SE 1/4 OF THE SE 1/4
AND (7) THE SW 1/4 OF THE SE 1/4, ALL IN SECTION 7, T15N, R11E OF THE 6TH P.M., DOUGLAS COUNTY, NEBRASKA
SURVEYOR'S CERTIFICATE
REVIEW BY THE DOUGLAS COUNTY ENGINEER
O U T L O T D
(1,518,663 SQUARE
FEET OR 34.864 ACRES)
O U T L O T D
(1,518,663 SQUARE
FEET OR 34.864 ACRES)
O U T L O T D
(1,518,663 SQUARE
FEET OR 34.864 ACRES)
Sheet Title
Sheet Number
thompson, dreessen & dorn er, inc.
10836 Old Mill Rd
Omaha, NE 68154
p.402.330.8860 f.402.330.5866
td2co.com
WEST HAMPTON PARKLOTS 7, 8, 9, 10, 11 AND 12 & OUTLOT DCITY OF OMAHA
FINAL PLAT
Revision Dates
No.Description MM-DD-YY
Job No.: A1434-19-3A
Drawn By: RJR
Reviewed By: JDW
Date: MARCH 17, 2019
Book:
Page:
------
------
------
0'50'100'
------
0'25'50'
SHEET 2 OF 2
DEDICATION
ACKNOWLEDGEMENT OF NOTARY
COUNTY TREASURER'S CERTIFICATE
APPROVAL OF CITY OF OMAHA PLANNING BOARD
APPROVAL OF CITY ENGINEER
APPROVAL OF OMAHA CITY COUNCIL
REVIEW BY THE DOUGLAS COUNTY ENGINEER
ACKNOWLEDGEMENT OF NOTARY
LOTS 7, 8, 9, 10, 11 AND 12 AND OUTLOT D
WEST HAMPTON PARK
BEING PLATTING OF PART OF THE FOLLOWING: (1) THE NW 1/4 OF THE SW 1/4, (2) THE NE 1/4 OF THE SW 1/4, (3)
THE SW 1/4 OF THE SW 1/4, (4) THE SE 1/4 OF THE SW 1/4, (5) THE NW 1/4 OF THE SE 1/4, (6), THE SE 1/4 OF THE SE 1/4
AND (7) THE SW 1/4 OF THE SE 1/4, ALL IN SECTION 7, T15N, R11E OF THE 6TH P.M., DOUGLAS COUNTY, NEBRASKA
Exhibit BTrail Improvementsthompson, dreessen & dorner, inc.10836 Old Mill RdOmaha, NE 68154p.402.330.8860 www.td2co.comProject NameProfessional SealRevision DatesSheet TitleNo.DescriptionMM-DD-YYClient NameDrawn By: Reviewed By:Job No.: Date:Sheet NumberWest HamptonPark - Lots 7through 12 andOutlot DEdward RoseDevelopment,L.L.C.1434-19-0308-06-2019BADSRL------------------------------------------------------------------------------------------------------------------------PROGRESS PRINTNOT TO BE USED FORCONSTRUCTIONDATE PRINTED:August 8, 20190'25'50'LEGENDGRANT AVE.192ND STREETBLONDO PARKWAY
West Hampton Park - Grant Street Trail
Cost Estimate
8/8/2019
Item Description
Approx.
Quantity Unit Unit Price Amount
1 Clearing & Grubbing 1 L.S. $2,000.00 $2,000.00
2 6" Thick P.C. Concrete, In Place 8,000 S.F. $8.00 $64,000.00
3 Subgrade Prepratation, In Place 2,670 C.Y. $7.00 $18,690.00
4 P.C. Concrete Curb Ramp, In Place 170 S.F. $16.00 $2,720.00
5 Permanent Seeding, In Place 1,100 S.Y. $1.00 $1,100.00
6 Erosion Control Mat, In Place 1,100 S.Y. $2.00 $2,200.00
Total Estimated Construction Cost. $90,710.00
$18,190.00
Total Estimated Project Cost $108,900.00
EXHIBIT C
Estimated Engineering, Legal & Miscellaneous