RES 2014-1132 - Subdivision agmt, The Prairies pMAHA NPa RECEIVED Public Works Department
Traffic Engineering Division
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September 9, 2014
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CITY CLERK Fax(402)444-5248
City of Omaha 0 M A H A, N E B R A S K A Robert G. Stubbe, P.E.
Jean Stothert,Mayor Public Works Director
Honorable President
and Members of the City Council,
The attached Resolution approves the Subdivision Agreement among Lanoha Real Estate
Company, The Prairies Homeowners Association, Sanitary and Improvement District (S.&I.D.)
537 of Douglas County, Nebraska, and the City of Omaha. This Subdivision Agreement covers
the public improvement of The Prairies (Lots 136-269 and Outlots F-G and I-L.), a subdivision
located northeast of Skyline Drive and West Center Road.
This Subdivision Agreement stipulates which public improvements will be built by S.&.I.D. 537,
those which will be paid for by special assessment and those to be paid for by General
Obligation of S.&I.D. 537. The estimated total cost of improvements is $3,899,828 of which
$1,259,908 will be paid by General Obligation.
The Agreement provides for Interceptor Sewer Fees in the amount of $147,400.00 and
Watershed Management Fees in the amount of $110,282.00 to be paid as building permits are
issued.
The Agreement provides for Park Fees as follows: Trail & Boulevard Fee, to be assessed as
building permits are issued; and Community Parks Fee, approximately half of which,
$27,787.50, is to be paid by the District at the time of final platting and which may be paid by
General Obligation, and the remaining half to be paid as building permits are issued.
The Agreement provides an administrative fee to be paid by the District to the City based on 1%
of the construction costs. The fee for this phase of construction is $20,462. The City will use
this fee to fund additional personnel in the Planning and Public Works Departments to facilitate
the processing of developments.
Honorable President
and Members of the City Council
Page 2
The Public Works Department requests your consideration and approval of the attached
Resolution and Subdivision Agreement.
Respectfully submitted, This action has been reviewed and found to
be in conformance with the Master Plan.
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RN Robert G. Stubbe, P.E. Date ames R. Thele Date
Public Works Director cg, Planning Director
Approved as to Funding: Referred to City Council for Consideration:
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S4/4. Curtiss ate Mayor's Office Dat
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' Finance Director
Troved:
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Parks, Recreation and
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SUBDIVISION AGREEMENT
The Prairies(Lots 136-269 and
gq ��-y0Outlots F-G and I-L)
THIS AGREEMENT, made and entered into this rflay of a?nOer" , 2014, by and between
LANOHA REAL ESTATE COMPANY, (hereinafter referred to as 'Subdivider"), The Prairies Homeowners
Association, (hereinafter referred to as "Association") SANITARY AND IMPROVEMENT DISTRICT NO 537 of
DOUGLAS COUNTY, NEBRASKA, (hereinafter referred to as "District"), and the CITY OF OMAHA, a
Municipal Corporation in the State of Nebraska(hereinafter referred to as"City").
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 that the District will build public improvements in the area to be developed;
and,
WHEREAS, the Subdivider and the District wish to connect the system of sanitary sewers to be constructed by the
District, within the area to be developed,to the sewer system of the City;and,
WHEREAS, THE Subdivider has or will create The Prairies Homeowners Association, Inc. comprised of the
property owners of Lots 136-269 and Outlots F-G and I-L,The Prairies;and
WHEREAS, the parties wish to agree upon the manner and the extent to which public funds may be expended in
connection with public improvements to be constructed within the area to be developed or serving the area to be
developed and the extent to which the contemplated public improvements specially benefit property in the area to be
developed and to what extent the cost of same shall be specially assessed.
NOW,THEREFORE,IT IS AGREED AS FOLLOWS:
For the purpose of this Agreement,the following words and phrases shall have the following meanings:
A. 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. In this connection, financing costs shall include all fiscal agent's warrant fees and bond fees, and
interest on warrants to date of levy of special assessments. The date of levy of special assessments shall
mean within six(6) months after acceptance of the improvement by the Board of Trustees of the District.
B. "Property benefited" shall mean property within the Subdivider's subdivision (Exhibit "A") which
constitutes building sites. Outlots F— G and I - L are used for open space, private pedestrian trails, and
stormwater management and therefore are not building sites. Outlots F — G and I - L, inclusive shall be
owned and maintained by the Association,the Subdivider,his successors or assigns after annexation.
C. "Street intersections" shall be construed to mean the area shown on the attached street intersection drawings
(Exhibit"B").
D. "Linear Trail Corridor" shall mean property acquired as public property for the construction of public
recreational trails. Facilities developed within this trail corridor shall be limited to: trail paths, landscaping,
boundary fencing, signage, benches, lighting, utilities and parking areas. The maintenance level of these
properties shall be at a lesser standard than that provided for park property.
E. "General obligation" shall mean unassessable capital costs.
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SECTION I
Subdivider and District covenant that Subdivider shall, and the District covenants that the District will
contemporaneously with the filing of the final plat, 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. That the District shall also provide and deliver to the City written
confirmation of a binding agreement between the District and its fiscal agent calling for the placement of the
warrants or bonds of the District for the installation of the improvements set forth herein:
A. Concrete paving of all streets dedicated,per the plat(Exhibit"A"),all of said paving to be twenty-five(25)
feet in width, except for those streets with a width greater than twenty-five(25) feet,which streets shall be
extra-width paving, if any (approved by the Public Works Department), as shown on the paving plans
prepared by Olsson Associates,copies of which are attached hereto as Exhibit"B'.
B. All sanitary sewer mains,manholes and related appurtenances constructed in dedicated street rights-of-way
and easements,per plat(Exhibit"A"), same to be located as shown on the sanitary sewer layouts prepared
by Olsson Associates,copies of which are attached hereto as Exhibit"Cl"and"CT'.
C. Storm sewers, inlets, manholes and related appurtenances constructed in streets right-of-way and
easements,per plat(Exhibit"A"),plans and specifications for said sewer improvements to be approved by
City prior to starting construction of said improvements to be located as shown on the storm sewer plans to
be prepared by Olsson Associates,copies of which are attached hereto as Exhibit`B".
D. Water and gas distribution mains located within dedicated street rights-of-way dedicated per plat(Exhibit
"A")to be installed by the Metropolitan Utilities District. Contract with MUD will be provided as soon as
available,but in no event longer than four months from the date of execution of this agreement.
E. Street lighting for public streets dedicated per plat(Exhibit"A")to be installed by the Omaha Public Power
District. Contract with OPPD will be provided as soon as available, but in no event longer than four
months from the date of execution of this agreement.
F. Underground electrical service to each of the lots in the area to be developed to be installed by the Omaha
Public Power District. Contract with OPPD will be provided as soon as available, but in no event longer
than four months from the date of execution of this agreement.
G. Sidewalks and street trees along both sides of all public streets within the area to be developed shall be
constructed by the Subdivider or District in conformance with Section 53-9 (9) 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 adjacent to
the plat within three(3)years of the recording of the subdivision plat.
H. A 10' wide concrete trail shall be constructed along Skyline Drive in accordance with the Parks Master
Plan of the City of Omaha, and as shown on the paving plans prepared by Olsson Associates, copies of
which are attached hereto as Exhibit"B". Plans shall be approved by the Omaha Parks Department prior to
construction.
I. Post-construction stormwater management features and related appurtenances constructed in right-of-way
and outlots,per plat(Exhibit"A"),plans and specifications for said stormwater management improvements
to be approved by City prior to starting construction of said improvements to be located as shown on the
post-construction stormwater management plans to be prepared by Olsson Associates,copies of which are
2 DRAFT 7/23/14
attached hereto as Exhibit"F". The City has assigned a project number of OMA-20130822-818-P to these
plans.
J. Post-construction stormwater maintenance agreement to be approved by City prior to starting construction
of said improvements, copies of which are attached hereto as Exhibit "G". The maintenance agreement
shall delineate the responsibilities of the District and of the Association. The maintenance agreement must
include language to control when post-construction stormwater features are constructed, and differentiate
between the requirements of construction site stormwater runoff controls and post-construction controls.
The post-construction stormwater features shall not be installed until such time as they will not be
negatively impacted by construction site runoff. Maintenance actions identified as private,to be performed
by the association, property owner, or other private entity shall run with the land and become the
responsibility of any successors,assigns or future owners,as appropriate.
SECTION II
The parties agree that the entire cost of all public improvements paid for by the District and set out in Section I
herein shall be defrayed as follows:
A. One hundred percent(100%) of the entire cost of all street, sidewalk and street tree construction shall be
paid by special assessment against the property benefited within the area to be developed, except for street
intersections and certain extra-width and major street paving, either of which may be a general obligation,
as indicated in Exhibit"B".
B. One hundred percent (100%) of the entire cost of all sanitary sewers, including manholes and other
appurtenances, shall be paid by special assessment against property benefited within the area to be
developed,provided,
1. Connection charges paid to other sanitary and improvement districts shall be specially assessed to
the extent of special benefit to properties in the District, and the remainder may be general
obligation of the District.
2. The District's total cost of any outfall sanitary sewer line to be constructed by the District,within
the boundaries of the District,shall be specially assessed except that portion of the sanitary outfall
sewer which the pipe size is greater than 8"diameter may be a general obligation.
3. The total cost of any outfall sanitary sewer serving the entire District constructed outside the
District boundary by the District may be a general obligation of the District.
4. The total cost of any easement acquisition for outfall sanitary sewers serving the entire District
constructed outside the District boundary by the District may be a general obligation of the
District,as indicated in Exhibit"C2".
5. The cost of storm sewers and appurtenances maybe a general obligation of the District.
C. One hundred percent(100%)of the entire cost of water distribution system serving the area to be developed
shall be specially assessed against the property benefited within the area to be developed. One hundred
percent (100%) of the entire cost of water and gas approach mains may be a general obligation of the
District. All refunds from MUD shall be credited to the Bond Construction Account of the District.
D. One hundred percent (100%) of the entire cost of monthly contract charges paid to the Omaha Public
Power District for furnishing lighting of public streets shall be paid from the operating fund of the District.
E. The entire cost of the installation of electrical power service and gas distribution system shall be specially
assessed against the property within the area to be so developed. The refunded charge from the Omaha
Public Power District and MUD shall be credited in accordance with law, and if so credited to the District,
it shall be credited to the Bond Construction Account of the District.
F. Any payments to other sanitary and improvement districts, sanitary districts or municipalities for any fees
or charges will not be a general obligation of the District,except as otherwise provided in this agreement.
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G. Payments for interceptor sewer connection charges to the City of Omaha may, as provided in Section IX
herein,be a general obligation of the District.
H. No funds of the District are to be used for the installation or maintenance of telephone equipment.
One hundred percent(100%)of the entire cost of concrete sidewalks along major streets may be a general
obligation of the District except that portion adjacent to non-single family or duplex residential lots which
shall be specially assessed or paid for privately.
J. Street identification signs may be a general obligation, provided the signs are in compliance with the
Manual on Uniform Traffic Control Devices. All signs shall be approved, in writing, by the Traffic
Engineer of the City of Omaha prior to installation.
K. The Sediment and Erosion Control Plan to be submitted to NDEQ and the City of Omaha for compliance
with NPDES regulations is attached hereto and incorporated herein as Exhibit "E". The City of Omaha
must approve said plan prior to City Engineer's second signature on the final plat. The initial construction
cost of grading and piping for temporary sediment and erosion control facilities shall be paid for privately
by the Subdivider. Removal of said sediment and erosion control measures may be a general obligation of
the District. All silt basins are to remain in place until seventy-five percent(75%)of the drainage sub-basin
serviced by these erosion control measures are fully developed,and with the written permission of the City
Public Works Department authorizing their removal. Sediment removal shall be paid as follows:
1. During the initial construction of public streets and sewers,the District may pay for the removal as
a general obligation of the District; a separate bid item shall be included in the public
improvements contract for this work.
2. For all subsequent sediment removal,the District shall pay for the work from its operating fund.
3. Basin closure or removal maybe a general obligation of the District.
L. Park fees shall be paid as follows:
1. Neighborhood Park Fee. Neighborhood Park Fees are determined on a case-by-case basis. The
City Parks Department shall review inter-local agreements entered into by contributing SIDs for
the costs of land acquisition and construction of the neighborhood parks. The Neighborhood Park
Fee may be a general obligation of the District.
2. Trails/Boulevard Fee. There will be no S.I.D.platting fees for trails and boulevards. A Trail and
Boulevard Fee will be assessed at the time of building permit.
The District is authorized to pay$109,450 in trail improvements for the Skyline Drive Trail. The
District is entitled to an estimated reimbursement of$109,450,based upon the estimate shown in
the attached Exhibit "H". Actual reimbursement will be adjusted to reflect final soft and
construction costs. The City will reimburse the District 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 the
District and the City that the source of repayment shall be limited to the Trail and Boulevards
account of the Park Development Fund. The District is not promised payment from the City for
any other grant,reimbursement nor annexation. The District shall request reimbursement from the
City upon completion of the project and provide supporting cost documentation.
3. Community Parks. Approximately fifty percent(50%) of the Community Park (CP) Fee will be
paid by the S.I.D. at the time of final platting and will qualify to be a general obligation of the
District. This portion of the CP Fee is calculated on a per-acre basis as follows:
Lots 136-269,Residential,
66.27 Acres @$450.00 per acre $29,821.50
4 DRAFT 7/23/14
Less Replatted Lots 123-124 and Outlots F,G,I,and J
(Already paid in Phase 1 Lots 1 thru 135)
4.52 Acres @$450.00 per acre ($2,034.00)
TOTAL: $27,787.50
The remaining portion of the CP Fee will be assessed at the time of building permits on a per-lot
basis.
M. It is mutually agreed that the District shall pay one percent(1%)of the public construction costs, estimated
to be$20,462.00 for Lots 136-269,to the City to facilitate the review and processing of developments to
include engineering,planning, legal and other miscellaneous expenses incurred by the City. The fee may
be a general obligation of the District. The fee shall be paid prior to the City Engineer's second signature
based on the estimated costs shown on the Source and Use of Funds form, Exhibit "D", attached, unless
contracts exist for said improvements. If contracts for improvements exist,the fee shall be based on actual
contract amounts. Once the projects have been completed and the costs certified by the District's engineer,
then the District shall pay any additional monies which are due within thirty (30) days of the engineer's
cost certification. The District may receive a refund from the City if the improvement costs,as certified by
the District's engineer are less than shown on the Source and Use of Funds form. The District must request
a refund from the City with the engineers' certified costs and letter submitted to the Public Works
Department. Such refund shall be paid within thirty (30) days. The fee shall be paid for all District
contracts issued for public improvements.
N. One hundred percent (100%) of the entire cost of all post-construction stormwater management features,
and related appurtenances,may be a general obligation of the District,provided,
1. Land acquisition for the construction of permanent post-construction stormwater management
features may be a general obligation of the District. The District shall own and maintain these
properties in accordance with the maintenance agreement contained herein. All necessary
easements to the City and the District shall be granted at the time of platting. The District may
expend up to 20%soft costs to consummate the transaction.
2. Construction of post-construction stormwater management features or"BMPs"(Best Management
Practices)may be a general obligation of the District,provided they are in conformance with the
"Omaha Regional Stormwater Design Manual",and are able to be publicly maintained.
3. Maintenance of post-construction stormwater management features may be paid from the
operating fund of the district provided the maintenance activities are required to maintain the
water quality benefits as designed. Routine mowing, landscaping, screening or other amenities
that do not contribute to water quality shall be paid for by the subdivider and maintained by the
Association.
4. Street, sewers and sidewalks adjacent to land acquired for post-construction stormwater
management features shall be specially assessed or paid for privately.
O. All costs for private median landscape improvements shall be paid for privately.
SECTION III
Credit or funds of the District may be used to pay for any public improvements specified in this Agreement,but not
for any other purpose. PROVIDED, HOWEVER, the District may issue warrants for the purpose of paying for
repairs, maintenance and operating costs of the District, such warrants to be paid out of funds obtained by the
District through its general fund tax levy,or where allowed by law,may be paid from special assessments or fees or
charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the
District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer.
Storm warning sirens purchase or installation may be a general obligation. The District shall not acquire any interest
in real property without the prior approval of the City of Omaha.
5 DRAFT 7/23/14
The estimated general obligation of the District for Lots 136 -269 is estimated to be $1,259,908, as shown on the
Source &Use of Funds, Exhibit"D". The District valuation for Lots 136 -269 is estimated to be $58,747,500, as
shown on Exhibit"D", for a debt ratio of 2.14% ($126,067,500 valuation and 2.67% debt ratio for entire project).
The General Obligation of the District shall be incurred only for costs identified as General Obligation-eligible costs
in this Agreement, and shall not exceed the District engineer's estimate of probable cost of$1,259,908 for Lots 136
- 269, as shown on Exhibit "D," by more than 10%, unless either i) the City Engineer or their designee
administratively approves a corresponding increase in the General Obligation of the District,or ii)by amendment of
this Agreement and approval by the Omaha City Council. Any General Obligation costs in excess of the approved
amount shall be specially assessed or paid for privately. In no event shall public improvements financed by General
Obligation debt be in excess of 4%of estimated valuations.
SECTION IV
A. City covenants and agrees that should the City, by reason of its annexation of the District, or any area
thereof, prior to District's levy of special assessments for the improvements authorized in this Agreement
thereby succeed to said District's power to levy special assessments,that City will levy same in accordance
with this Agreement.
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 District shall not sue nor fund any lawsuit to prevent any annexation of property within the District by
the City except in the event the City annexes only a part of the District,the District does not waive its right
to contest a proper division of assets and liabilities.
D. Post-construction stormwater management maintenance identified as the responsibility of the Association
shall continue to be performed and funded by the Association after annexation by the City. Maintenance
responsibilities of the District shall become that of the City upon annexation.
SECTION V
Subdivider and District covenant and agree that the District created by the Subdivider will:
A. 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. Except as may otherwise be agreed to by City, all of said District's levy of special assessments shall be
made in such a manner so as to assure that the entire burden of the levy is borne,on an equitable basis,by
lots or parcels which are truly building sites. If any lot,parcel or other area within the area to be developed
is not a building site by reason of insufficient size or dimensions, or by reason of easements or similar
burdens,or for any other reason,then no portion of the total amount shall be levied against said unbuildable
lot,parcel or other area.
C. The District shall provide the following information to the City Engineer at least twenty(20)days prior to
the meeting of the Board of Trustees of the District held to propose the levy of special assessments:
1. A detailed schedule of the proposed special assessment and/or the amount of general obligation
costs of any improvement or acquisition.
2. A plat of the area to be assessed.
3. A full and detailed statement of the entire cost of each type of improvement, which statement or
statements shall separately show:
i. The amount paid to the contractor.
ii. A special itemization of all other costs of the project, including, but not limited to, all
engineering fees, attorneys' fees, testing expenses, publication costs, financing costs,
including, but not limited to, interest on all warrants to date of levy of special
6 DRAFT 7/23/14
assessments, estimated fiscal agent's warrant fees, bond fees and other items shown as
"soft costs".
iii. A special itemization of all costs of the District not itemized in(i)and(ii)above.
D. The District agrees that it will not unreasonably delay acceptance of an improvement and that District shall
levy special assessments within six (6) months after acceptance of the improvement. In addition to the
above notice requirement, the District shall also, twenty (20) days prior to the Board of Equalization
hearing of the District,give notice in writing to the City that the Board of Equalization will be convened on
that date for the consideration of the levying of special assessments and equalization and apportionment of
debt.
SECTION VI
A. The District agrees to annually levy a total combined ad valorem property tax of at least 88 cents per$100
taxable valuation until all construction fund debt is converted to bonds and in no event shall the District's
total levy, excluding ASIP described below,be less than the total City of Omaha levy.
B. As the total levy(Bond and General)necessary to support the other debt and obligations of the SID for all
projects(including deferred Community Park Fees)decreases below 88 cents per$100 of taxable valuation,
the District shall collect the difference (not to exceed 5 cents per $100 of taxable valuation) between the
new rate and the original 88 cents. All such tax proceeds shall be paid to the City upon collection and
credited to the Arterial Street Improvement Program(ASIP)fund.
C. After written notice from the City to the District of the City's intention to annex all of the territory of the
District, the District, shall not, until the earlier of(i) final annexation, or (ii) nine (9) months from the
District's receipt of written notice of intent of annexation, enter into any contract that is in excess of
$20,000 of budgeted expenditures or that exceeds one year in duration, unless and until such contract is
first approved by the City Engineer or their designee. Any such contract that is not first approved by the
City Engineer or their designee shall be voidable by the City after the annexation becomes effective.
Notwithstanding anything to the contrary herein, nothing in this paragraph shall be deemed to restrict the
District from complying with statutory budgeting requirements or from approving contracts that are in the
reasonable judgment of the Board of Trustees necessary to address an emergency situation within the
District or to comply with their statutory obligations as Trustees.
SECTION VII
In the performance of this Agreement, the District shall not discriminate against any parties on account of race,
national origin,sex,age,political or religious affiliations in violation of federal or state laws or local ordinances.
SECTION VIII
A. Subject to the conditions and provisions hereinafter specified, the City hereby grants permission to the
District 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 District and
approved by the City.
B. Upon the completion of any sanitary outfall sewer,if any,built by the District,the City shall be granted and
they shall accept control and operation of the facility. The District shall convey by proper legal instrument
all its rights, easements, title, and interest in such Sanitary Outfall Sewer to the City. The form of
acquisition shall be upon approved City forms.
C. Without prior written approval by the City, the District shall not permit any sewer lines outside the
presently described boundaries to be connected to: The sewer or sewer lines of the District,any sewer from
the District'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 District's boundaries. The District shall not collect charges for such connections.
7 DRAFT 7/23/14
D. At all times, all sewage from and through said District 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 District 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 District warrants that it has not employed or retained any company or person, other than a bona fide
employee working for the District,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 District,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 District 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. Subletting, assignment or transfer of all or part of any interest of the District hereunder is prohibited
without prior written approval of the City of Omaha.
The District expressly agrees that it is 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 sanitary and improvement districts 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 sanitary and
improvement districts or in order to permit or continue the discharge of any sewage from a
sanitary and improvement district to flow into or through any part of the sewer or sewage system
of the City of Omaha.
J. The District agrees to collect an "equivalent front footage charge" where the property with which sewer
connection is sought to be made is not within the bounds of a regular sanitary sewer district or private
sewer district or where such property has not been assessed or has not paid for the construction of the sewer
to which connection is sought to be made, then in such case the Chief Plumbing Inspector of the Permits
and Inspections Division shall not issue a permit for such sewer connection until the property owner shall
have paid to the improvement district an equivalent front footage charge for the number of front feet of the
entire property with which such connection is sought to be made. The equivalent front footage charge shall
be the current charge in conformance with the requirements of the Omaha Municipal Code. The front
footage charge collected shall be used to defray the general obligation of the sanitary and improvement
district.
SECTION IX
8 DRAFT 7/23/14
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 current fee adopted by the Omaha City Council and is currently as
follows:
Lots 136-269, Single Family Residential,
134 Lots @$1,100.00 $147,400.00
TOTAL: $147,400.00
B. In the event the Subdivider shall plat additional lots which will be in the District 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 District and the City agree that payment made under Section IX-A of this Agreement shall constitute a
Special Sewer Connection Fee for the area described in Section IX-A and shall be collected by the City as a
Special Sewer Connection Fee or shall be levied as a Special Assessment against the real estate described
in Section IX-A as follows:
1. The real estate shall be charged the special sewer fee amount as set forth in Section IX-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 or levied as a Special Assessment in the amount as shown in Section IX-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 District.
3. In the event of annexation by the City,the Special Sewer Connection Fee shall continue to remain
as a special assessment or 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 IX-A herein.
E. No sewer permit will be issued by the City for any construction on any lot in the area described in Section
IX-A until payment to the City of the Special Sewer Connection Fee or levy of the Special Assessment for
that particular lot as called for in Section IX-A.
F. The owner of each lot shall make payment to the City of Omaha for Watershed Management Fees. 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 current fee at the time of building permit application, as adopted by the
Omaha City Council. For example,for fiscal year 2014,the fee would be as follows:
Lots 136—269, Single Family Residential,
134 Lots @$823.00 $110,282.00
TOTAL: $110,282.00
9 DRAFT 7/23/14
G. In the event the Subdivider shall plat additional lots which will be in the District, 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 District and the City agree that payment made under Section IX-F of this Agreement shall constitute a
Watershed Management Fee for the area described in Section IX-F and shall be collected by the City as a
Watershed Management Fee or shall be levied as a Special Assessment against the real estate described in
Section IX-F as follows:
1. The real estate shall be charged the Watershed Management Fee amount as set forth in Section IX-
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 or levied as a Special Assessment in the amount as shown in Section IX-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 special assessment or 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 X
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. Outlots F—G and I-L shall be used for open space,private pedestrian trails, and stormwater management,
and will be owned and maintained by the Association after annexation.
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.
E. This Subdivision Agreement shall be binding upon the parties,their respective successors and assigns and
runs with the land shown on Exhibit"A"".
[THE BALANCE OF THIS PAGE LEFT INTENTIONALLY BLANK—
SIGNATURES APPEAR ON THE FOLLOWING PAGE]
10 DRAFT 9/3/14
IN WITNESS WHEREOF,we the executing parties,by our respective duly authorized agents,hereby enter into this
Agreement,effective on the day and year first above written.
ATTEST: CITY OF OMAHA
1)11
Dat OR f%;/4
ATTEST: SANITARY AND IMPROVEMENT DISTRICT NO.
SANITARY AND IMPROVEMENT DISTRICT 537 OF DOUGLAS CO.,NEBRASKA
NO.537 OF DOUGLAS CO.,NEBRASKA
YkteztatkVAA,tv g.+ .14
CLERK Date CHAIRMAN Date
THE PRAIRIES HOMEOWNERS ASSOCIATION
SID T Date
LANOHA REAL ESTATE COMPANY APPROVED AS TO FORM
By . ► ` 3/iaGY
Jason P oha,Vice Pre ' nt Date IS ANT CITY ATTORNEY D to
11 DRAFT 7/23/14
On this 144 th day of k u S t ,2014,before me,a Notary Public in and for said County and State,
personally appeared Jason PI.Lanoha,Vice President of the LANOHA REAL ESTATE COMPANY,who executed
the above and acknowledged the execution thereof to be their voluntary act and VAAAtvut, c'CMtA
NOTARY PUBLIC in GENERAL NOTARY-State of Nebraska
My Commission expires ,7/1. 14 ill, KRISTINA J.CARTER
My Comm.Exp.Aug.21,2014
On this t�h day of kti 1,16E ,2014,before me,a Notary Public in and for said County and State,
personally appeared Lanoha,President of The Prairies Homeowners Association,who executed the above
and acknowledged the cution thereof to be their voluntary act and deed.
VAActati.TCAA,UA
NOTARY PUBLIC
My Commission expires GENERAL P! R S of Nea gj , . (� u�N� KRISTINAOTA J.tate CARTERbr
My Comm.Y Exp,Aug.21,2014ska
12 DRAFT 7/23/14
SUBDIVISION AGREEMENT EXHIBIT
EXHIBIT A FINAL PLAT
EXHIBIT B PAVING&STORM SEWER
EXHIBIT C SANITARY SEWER
EXHIBIT D SOURCE&USE OF FUNDS AND VALUATION INFORMATION
EXHIBIT E SEDIMENT&EROSION CONTROL PLAN
EXHIBIT F POST-CONSTRUCTION STORMWATER MANAGEMENT PLAN
EXHIBIT G POST-CONSTRUCTION STORMWATER MANAGEMENT MAINTENANCE PLAN
EXHIBIT H SKYLINE DRIVE TRAIL OPINION OF PROBABLE COST
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__.:1- CAOLSSON
1
' ii ic THE PRAIRIES
LOTS 136THROUGH 269 ; 1
___ — EXHIBIT A -AssociATE;
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EXHIBIT "D"
SUF-Lots 136 thru 269
Name of Addition: The Prairies SID # 537
Source and Use of Funds: (provide a separate sheet for the preliminary plat and for each final plat phase.
Proposed Improvements Financing
Construction Project GO Non-
Quantity Cost Cost Special Reimbursable GO Reimbursable Private
Paving
Internal Pavement 22,689 SY 753,759 1,055,263 952,352 102,911 0 0
Offsite Roadway Improvements
Skyline Road 0 SY 0 0 0 0 0 0
Traffic Signals 0 EA 0 0 0 0 0 0
Sidewalks&Trails
Skyline Drive Trails 1,085 SY 78,200 109,500 0 0 109,500 0
Sanitary Sewer
Interior 7,311 LF 480,174 672,244 672,244 0 0 0
Outfall 1,603 LF 166,072 232,500 232,500 0 0
Storm Sewer 4,178 LF 568,010 795,215 0 795,215 0 0
Water Main
Interior 8,168 LS 490,080 661,608 661,608 0 0 0
Electrical Fees 1 LS 180,900 244,215 244,215 0 0 0
Gas Main
Gas Main 0 LF 0 0 0 0 0 0
Pioneer Main Extensions 1 LS 55,176 68,970 0 68,970 0 0
Park Fees 1 LS 27,788 34,734 0 34,734 0 0
Review Fees
City of Omaha(1%of construction) 1 LS 20,462 25,578 0 25,578 0 0
Total $ 2,820,621 $ 3,899,828 $ 2,530,420 $ 1,259,908 $ 109,500 $ 0
Notes: Date 7/18/2014
1) All costs shown are estimates only and are not based on a final engineered design Revised 7/23/2014
2) No portion of soft costs exceeding 40%shall be paid for with G.O.funds. Paving,trails,sanitary sewers,and storm sewers may be considerec Revised -
in the aggregate for soft cost computation. Revised -
Revised -
F5Projects\013-04601Documents\Estimates1t2014-07-23_The Prairies SUF_3046e.xlsx]valuation-Total Site Revised -
Revised
EXHIBIT "D"
PRELIMINARY VALUATION
DATE: 7/18/2014
Name of Addition: The Prairies REVISED: 7/23/2014
SID#: 537 REVISED:-
REVISED:-
REVISED:-
REVISED:-
REVISED:-
Lots 1 thru 135(Phase 1)
Regular Lots 63 Lots @ $425,000 Lots = $26,775,000
Larger Lots 34 Lots @ $650,000 Lots = $22,100,000
Estate Lots 25 Lots @ $875,000 Lots = $21,875,000
Townhome Lots(Includes Lots 123&124) 12 Lots @ $300,000 Lots = $3,600,000
Clubhouse 3,000 SF @ $150 SF = $450,000
Total Valuation = $74,800,000
Total Assessed Valuation(90%)= $67,320,000
General Obligation = $2,110,730
GO Debt Ratio = 3.14%
GO Debt Ratio(Cumulative) = 3.14%
Lots 136 thru 269(Phase 2) TOTAL
Regular Lots 94 Lots @ $425,000 'Lots = $39,950,000
Larger Lots 25 Lots @ $650,000 Lots = $16,250,000
Estate Lots 9 Lots @ $875,000 Lots = $7,875,000
Townhome Lots(Excludes former lots 123&124) 4 Lots @ $300,000 Lots = $1,200,000
Clubhouse - SF a. $150 SF = $0
Total Valuation = $65,275,000
Total Assessed Valuation(90%)= $58,747,500
General Obligation = $1,259,908
GO Debt Ratio = 2.14%
GO Debt Ratio(Cumulative) = 2.67%
Full Buildout(Lots 1 thru 269) TOTAL
Regular Lots 157 Lots @ $425,000 Lots = $66,725,000
Larger Lots 59 Lots @ $650,000 Lots = $38,350,000
Estate Lots 34 Lots @ $875,000 Lots = $29,750,000
Townhome Lots 16 Lots @ $300,000 Lots = $4,800,000
Clubhouse 3,000 SF @ $150 SF = $450,000
Total Valuation = $140,075,000
Total Assessed Valuation(90%)= $126,067,500
General Obligation = $3,370,638
GO Debt Ratio = 2.67%
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/01111 STORMWATERPOLLOUTIONANDPREVENTIONPLAN xo. wn nEnsxwaoEaw.ox
laya SITE MAP Q A`lOLSSON
THEPRAIRIES-LOTS136TNRU]69 EXHIBIT E ASSOCIATES
6 OVERLOT GRADING AND EROSION CONTROL
��' OMAHA,NERRASHA 12014 REVISIONS w.,,E.e.w "m" rn.n....w ...,.„...„x..,.,.
EXHIBIT"F"
POST-CONSTRUCTION STORMWATER
MANAGEMENT PLAN
1. Construction site stormwater runoff controls
This section should define the controls used to manage stormwater runoff during construction. It should
also contain information defining when the controls are installed, when they are taken out and how/when
they are converted to a permanent post-construction feature(if applicable)
2. Post-construction stormwater management features
Define the features to be used as permanent post-construction stormwater management controls.
3. Timing of installation of post-construction stormwater management features
Provide a schedule (either a timeline, or percentage of buildout) defining when the permanent post-
construction stormwater features will be installed. They should not be installed at such a time to treat or
control construction site runoff, or to become impaired by construction site runoff. Some features may
not be built until developments are significantly built out.
4. Maintenance responsibilities of the Developer
Define what the maintenance requirements of the post-construction stormwater management features are
to provide the required treatment. Maintenance responsibilities of the Developer will be limited to
activities that preserve the ability of the feature to retain, detain, convey or treat stormwater runoff, as
designed.
5. Maintenance responsibilities of the Sanitary and Improvement District
Define what maintenance activities will be the responsibility of the Sanitary and Improvement District (or
other entity). These include routine mowing, landscaping, vegetation removal or control, amenities and
other features not specifically necessary to retain, detain, convey or treat stormwater runoff. Maintenance
of adjacent sidewalks will also be the responsibility of the Sanitary and Improvement District.
6. Transfer of Maintenance Responsibilities
This maintenance Agreement shall be binding upon the parties, their respective successors and assigns
and runs with the land shown on Exhibit "A" of the Subdivision Agreement.
Exhibit F-1
Conceptual Post Construction Stormwater Management Plan
Project Name:The Prairies
PCSMP Number: OMA-20130822-818-P
Subdivision Name:The Prairies
Total Acreage: 154.50 acres
Total Acreage Draining to Site(Including off-site run-on): 165.20 acres
Required Water Quality Treatment Volume: 280,182 CF
Drainage and Treatment Summary
The existing site consists of three different drainage basins that drain via overland flow to an existing creek to the east of
the site eventually reaching Lake Zorinsky 3.5 miles downstream. The existing site is primarily agricultural land which
has been used as a tree farm for the last few decades. The surrounding areas are mainly residential on all four sides
with the south side including a golf course. The site is proposed to be mass graded and developed into a residential
neighborhood including streets,storm sewer,sanitary sewer,and stormwater detention and quality ponds. The
proposed site drainage areas will be generally the same as the existing. In the proposed condition,drainage is directed
into multiple dry detention ponds via overland flow and storm sewer as seen on the attached plan. Water quality
requirements will be met with outlet structures within the ponds that include perforated plates attached to them.
Runoff from basins which do not reach dry detention ponds will be treated with amended soils, native landscape,or
other BMPs.
Existing runoff generally drains three directions;drainage basin (A) drains to the south,to an existing culvert entering a
pond on the existing golf course eventually making its way to the creek, another basin (B) also drains to the south and
discharges via overland flow toward the golf course,and the remaining basin (C)drains to the east to the existing creek.
All runoff from the site will eventually drain to Lake Zorinsky 3.5 miles downstream. Proposed runoff consists of three
major basins similar to the existing basins draining to the same discharge locations as the existing basins.
The requirement for areas west of 72nd Street is to treat the first%" runoff volume and "no net increase"for the 2-, 10-
and 100-year storm events. The design will include calculations showing the detention ponds will provide water quality
treatment and detention for the 2- and 10-year storm events to meet the City of Omaha requirements. Public storm
sewer will convey runoff from the Right-of-Way to on-site detention ponds which will treat and detain the stormwater.
Please refer to the attached PCSMP exhibits for further information.
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OiaF DRAINAGE EXHIBIT OkOLSSON THE PRARIES
III.$ POST CONSTRUCTION BTORMWATER MANAGEMENT PLAID
NEBRASNA REVISIONS EXHIBIT F-3 ASSOCIATES
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EXHIBIT"G"
POST-CONSTRUCTION STORMWATER
MANAGEMENT AGREEMENT
Upon Recording Return to:
[Space above the line for recording data]
POST CONSTRUCTION STORM WATER MANAGEMENT PLAN
MAINTENANCE AGREEMENT
This Post Construction Storm Water Management Plan Maintenance Agreement (hereinafter
referred to as the "Agreement") is entered in to as of the date set forth below by and between DAVID F.
LANOHA, TRUSTEE OF THE DAVID F. LANOHA REVOCABLE TRUST DATED 03/02/04., a
Nebraska limited liability company (hereinafter referred to as the "Property Owner"), Sanitary and
Improvement District No. 537 of Douglas County, Nebraska (hereinafter referred to as the "District"),
and the City of Omaha, Nebraska (hereinafter referred to as the "City"). The Property Owner, District,
and the City are sometimes referred to herein as the"Parties".
WHEREAS,the Property Owner(whether one of more) is the owner of the real property legally
described on Exhibit"A"which is attached hereto and incorporated herein by this reference (hereinafter
referred to as "the Property");
WHEREAS,the Parties recognize that the health, safety and welfare of the citizens of the City
require that storm water management facilities (hereinafter referred to as the "Facilities") must be
constructed and maintained in conjunction with the development of the Property, which Property is
located in the jurisdiction of the City;
WHEREAS, reference is made to the Post Construction Storm Water Management Plan, for the
The Prairies designated as Public Works Department project number OMA-20130822-818-P (hereinafter
referred to as the "PCSMP") which has been prepared by the Property Owner and approved by the City,
and which is attached hereto as Exhibit"F"and incorporated herein by this reference; and,
WHEREAS, the Property Owner agrees that its obligations hereunder shall be binding on
present and future owners of the Property, including administrators, executors, successors, heirs, or
assigns as the case may be.
NOW,THEREFORE,in consideration of good and valuable consideration,the receipt of which is
hereby acknowledged by the Parties, the foregoing premises and the terms and provisions contained
herein,the Property Owner agrees as follows:
1. The Facilities described in the PCSMP shall be constructed by the Property Owner in
accordance with the PCSMP, which has been prepared by the Property Owner and which has been
reviewed and accepted by the City or its designee. The Property Owner hereby reserves the right to
continue to use the land on which the PCSMP is constructed for any uses or purposes which do not
materially interfere with the use or operation of the Facilities or the BMP Maintenance Requirements
(defined below).
2. The Property Owner has prepared, and the City has reviewed and accepted the `BMP
Maintenance Requirements" which are attached hereto as Exhibit "G-2" and which are incorporated
herein by this reference. Such BMP Maintenance Requirements shall describe the specific maintenance
practices to be performed for the Facilities and include a schedule for implementation of these practices.
A written record of inspection results and any maintenance work shall be maintained and available for
review by the City.
3. The Property Owner shall, at its sole expense, construct the Facilities in strict accordance
with the BMP Maintenance Requirements. The District shall, at its expense, perpetually operate and
maintain the Facilities.
4. The Property Owner hereby grants permission to the City, its authorized agents and
employees, upon reasonable notice and at reasonable times, to enter upon the Property, for inspections to
ensure that the Facilities are maintained in accordance with this Agreement;provided,however, any such
access by the City onto the Property shall be limited to paved areas and any pervious areas around the
Facilities to the extent reasonably necessary to inspect the Facilities.
5. In the event an inspection reveals that the Facilities have not been maintained in
accordance with this Agreement and corrective action is needed, the City shall provide the District with
written notice specifying what corrective action is reasonably required. If the District has not completed
the corrective actions within thirty(30) days of receipt of such notice,the City may perform the necessary
corrective work. In the event of an emergency as determined by the City or its designee in its sole
discretion, the City or its designee is authorized to enter the Property to make all repairs, and to perform
all maintenance, construction and reconstruction as the City reasonably deems necessary. The City shall
be entitled to recover from the District the reasonable costs the City reasonably expends to maintain or
repair the Facilities or to correct operational deficiencies in accordance with this Agreement or applicable
law. Failure to pay the City all of its reasonably expended costs, after forty-five days written notice, shall
constitute a breach of this Agreement. The City shall thereafter be entitled to bring an action against the
District to recover such costs,including interest and attorney fees.
6. The District shall not obligate the City to maintain or repair the Facilities, and the City
shall not be liable to any person for the condition or operation of the Facilities prior to annexation.
7. The District hereby indemnifies and holds harmless the City and its authorized agents and
employees for any and all damages, accidents, casualties, occurrences or claims that may arise or be
asserted against the City from the construction,presence, existence or maintenance of the Facilities by the
District, unless such damages, accidents, casualties, occurrences or claims are caused by the negligence,
gross negligence or willful misconduct of the City or its authorized agents or employees. In the event such
a claim is asserted against the City, its authorized agents or employees, the City shall promptly notify the
District and the District shall have the right to defend and settle, at its own expense, any suit based on
such claim. If a final judgment is entered against the City for such a claim, the District shall pay such
judgment unless such judgment is based on the negligence, gross negligence or willful misconduct of the
City or its agents or employees.
8. The District shall not in any way diminish, limit or restrict the right of the City to enforce
any of its ordinances as authorized by law.
9. The District shall comply with the time periods set forth in this Agreement; provided,
however, that said periods shall be extended for a period or periods of time equal to any period or periods
of delay caused by strikes, lockouts, fire or other casualty, the elements or acts of God, refusal or failure
of governmental authorities to grant necessary permits and approvals for the construction of the Facilities
contemplated hereunder (the Parties agreeing to use reasonable diligence to procure the same), or other
causes,other than financial beyond their reasonable control.
10. The provisions of this Agreement are not intended to create,nor shall they be in any way
interpreted or construed to create, a joint venture, partnership, or any other similar relationship between
the Parties.
11. This Agreement is not intended to create, nor shall it be in any way interpreted or
construed to create,any third party beneficiary rights in any person not a party hereto.
12. This Agreement contains the entire agreement between the Parties hereto and supersedes
all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this
Agreement may be modified by only written agreement of the City and the District.
13. This Agreement may be modified by written agreement of the Parties hereto.
14. Upon conveyance of the Property,the conveying owner shall thereafter be relieved of any
obligations under this Agreement arising out of any act, occurrence or omission that occurs after the date
of such conveyance.
15. This Agreement shall be recorded with the Register of Deeds of Douglas County,
Nebraska and shall constitute a covenant running with the land and shall be binding on, and inure to the
benefit of the District, its successors and assigns.
IN WITNESS WHEREOF,the Property Owner has executed this agreement this day of ,2013.
DECLARANT:
DAVID F. LANOHA, TRUSTEE OF THE DAVID F.
LANOHA REVOCABLE TRUST DATED 03/02/04, a
Nebraska limited liability company,
By:
Its: YV15 e
SANITARY AND IMPROVEMENT DISTRICT
NO. 537 OF DOUGLAS COUNTY,NEBRASKA,
Ry
Chairman
By KVLCI V C tUA1A
Clerk
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
On this i day of kalli(21- , 2014, before me, a Notary Public in and for said County
and State, personally appeared %►Q F, �IEVl Cat G�. , Tkr t j't of the DAVID F.
LANOHA, TRUSTEE OF THE DAVID F. LANOHA REVOCABLE TRUST DATED 03/02/04., a
Nebraska limited liability company, who executed the above and acknowledged the execution thereof to
be his voluntary act and deed on behalf of said limited liability company.
YU/cif-C(4411—Na tiA
NOTARY PUBLIC � GENERAL NOTARY-State of Nebraska
f� ,, // i''�� KRISTINA J.CARTER
My Commission expires 'b�� � I`i� ;.:;;,;,�
My Comm.Exp.Aug.21,2014
STATE OF NEBRASKA )
)ss.
COUNTY OF DOUGLAS )
On this g- day of Avt A u45-1" , 2014, before me, a Notary Public in and for said County
and State,personally appeared Davis F. Lanoha, Chairman, and Kristina J. Carter, Clerk, of SANITARY
AND IMPROVEMENT DISTRICT NO. 537 OF DOUGLAS COUNTY, NEBRASKA, a Nebraska
political subdivision, who executed the above and acknowledged the execution thereof to be their
voluntary act and deed on behalf of said sanitary and improvement district.
1 dtu.GYi' .c�L. GENERAL NOTARY-State of Nebraska
NOTAR BLIC � l ROXANNE J.NIELSEN
My Commission expires Dee, /ti 12/1 .
wwwd My Comm.Exp.Dec.19,2016
EXHIBIT "G-1"
Legal Description of Property
PROJECT INFORMATION
Legal Description: Lots 136—269 and Outlots F,G and I thru L,The Prairies
Property Address: Skyline Drive and West Center Road
Subdivision Name: The Prairies
Section: 26-15-10
PROJECT INFORMATION
Business Name: Lanoha Development Co.
Business Address: 19111 West Center Road
Contact Representative's Name: Jason Lanoha
Contact Representative's Phone Number: 402.289.5528
Signing Representative's Name: Jason Lanoha
EXHIBIT"G-2"
BMP Maintenance Requirements
Name&Location
Project Name:The Prairies
Address: Skyline Drive and West Center Road
PCSMP Project Number: OMA20130822-818-P
PCWP Grading Permit#: OMA20130416-1479-1
Site Data
Total Site Area: 154.50 AC
Total Disturbed Area: 154.50 AC
Total Undisturbed Area: 0.0 AC
Impervious Area Before Construction: 5%
Impervious Area After Construction: 35%
BMP Information
BMP ID TYPE OF BMP Northing/Easting
BMP A Extended Dry Detention Pond N:533532.9033
(POND Al) E:2668866.7152
BMP B Extended Dry Detention Pond N:535328.0384
(POND C1) E:2671059.5455
BMP C Extended Dry Detention Pond N:535655.2978
(POND C2) E:2671112.9827
N oicrfr a 'd VtAr-4113 �,' x3 Pe Y Cte �1(tll opdj 4 t ,
Remove debris and trash rack and side slopes Monthly
Outlet/inlet inspection and cleanout Monthly
Bank mowing and inspection/stabilization of Monthly
eroded areas
Remove woody vegetation along embankment Annually
Inspect for structural damage Annually
Repair broken pipes As needed
Replace riprap choked with sediment As needed
Security As needed
Remove accumulated sediment As needed
Maintenance Inspection Reports
Annual maintenance inspection reports must be commissioned by the property owner and provided to the
City upon request.The first report shall be conducted one year following the final acceptance date of the
Post Construction Stormwater Management Plan and each year thereafter on or before the acceptance
anniversary date.All maintenance activities and inspection reports must be kept on file with the property
owner for a minimum of five years.Annual maintenance inspection reports shall be performed by a
registered Nebraska professional engineer,architect,or qualified professional.
EXHIBIT"H"
SKYLINE TRAIL - SECTION II
Opinion of Probable Cost
Item Quantity Unit Unit Price Construction Cost
10'WIDE PCC TRAIL 1,085 SY $ 35.00 $ 37,975.00
EARTHWORK/SUBGRADE PREPARATION 1,000 CY $ 5.00 $ 5,000.00
RELOCATE FIRE HYDRANTS 2 EA $ 7,500.00 $ 15,000.00
RELOCATE WATER MANHOLE 2 EA $ 5,000.00 $ 10,000.00
Contingency 15% $ 10,225.00
Subtotal $ 78,200.00
Soft Costs(Engineering, Legal, Fiscal, Interest, Misc.) 40% $ 31,300.00
Total Estimated Project Cost $ 109,500.00
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Lanoha Real Estate Company proposes to build a subdivision to be
known as The Prairies (Lots 136-269 and Outlots F-G and I-L) which will be located northeast of
Skyline Drive and West Center Road; and,
WHEREAS, Sanitary and Improvement District(S.&I.D.)537 will build public and
private improvements in this subdivision; and,
WHEREAS, Lanoha Real Estate Company and S.&I.D. 537 wish to construct a
sanitary sewer system and connect said system to the Sanitary Sewer System of the City of Omaha;
and,
WHEREAS,the parties wish to agree upon the manner and the extent to which public
funds may be expended in connection with public improvements to be constructed within the area to
be developed or serving the area to be developed and the extent to which the contemplated public
improvements specifically benefit property in the area to be developed and to what extent the cost of
the same shall be specially assessed; and,
WHEREAS, S.&I.D. 537 agrees to pay$20,462 as an Administrative Fee to the City
to fund additional employees in the Planning and Public Works Departments to facilitate the
processing of developments; and,
WHEREAS, Interceptor Sewer Fees in the amount of$147,400.00 will be collected
by the City as Building Permits are approved in the subdivision for the construction of the sewers in
the Papillion Creek Watershed; and,
WHEREAS, Watershed Management Fees in the amount of $110,282 will be
collected by the City as Building Permits are approved in the subdivision; and,
WHEREAS, S.&I.D. 537 agrees to provide for Park Fees as follows: Trail &
Boulevard Fee, to be assessed as building permits are issued; and Community Parks Fee,
approximately half of which,$27,787.50,is to be paid by the District at the time of final platting and
which may be paid by General Obligation,and the remaining half to be paid as building permits are
issued; and,
By
Councilmember
Adopted
City Clerk
Approved
Mayor
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER •
Omaha,Nebraska
PAGE -2-
WHEREAS, Lanoha Real Estate Company has or will create The Prairies
Homeowners Association,who will be responsible for identified ongoing maintenance as contned
in the Agreement; and,
WHEREAS, a Subdivision Agreement has been prepared setting forth all the
provisions mentioned above.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, the Subdivision Agreement among the City of Omaha, Lanoha Real Estate
Company,The Prairies Homeowners Association,and Sanitary and Improvement District(S.&I.D.)
537 of Douglas County, Nebraska, as recommended by the Mayor, providing for the public
improvements, 1% administrative fee, Interceptor Sewer Fee, Watershed Management Fee, Parks
fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The
Subdivision is to be known as The Prairies (Lots 136-269 and Outlots F-G and I-L) and is located
northeast of Skyline Drive and West Center Road.
P:\rah\1234rah.doc APPR VED AS TO FORM:
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CITY ATTORNEY DATE
By 46/4:b04,
Councilmember
Adopted.i SEP .2.3. f 4 Q
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City lerk 94'i
Approved.
� •
Mayor
NO. ,fir/-3-r
Resolution By
Res. that, the Subdivision Agreement among
the City of Omaha, Lanoha Real Estate
Company, The Prairies Homeowners
Association, and Sanitary and Improvement
District (S.&I.D.) 537 of Douglas County,
Nebraska, as recommended by the Mayor,
providing for the public improvements, 1%
administrative fee, Interceptor Sewer Fee,
Watershed Management Fee, Parks fees, and
sewer connection to the Omaha Sanitary Sewer
System, is hereby approved. The Subdivision
is to be known as The Prairies (Lots 136-269
and Outlots F-G and I-L) and is located
northeast of Skyline Drive and West Center
Road.
P:Arah\1234rah.doc
Presented to City Council
SEP - 92014
77 El"
SEP 2 3 2014- Adopted 7
/Ire re
City Clerk