RES 2014-0536 - Subdivision agmt, Cynet Commercial Plaza Replat 2 AH A,
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�A. :+ti 's� Public Works Department
x W1 Omaha/Douglas Civic Center
'` April 29, 2014 1819 Farnam Street,Suite 601
cpr-WOmaha,Nebraska 68183-0601
i'00,� _. ��_ ,' (402)444-5220
gTED FEBR � Fax(402)444-5248
City of Omaha 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 between DEERFIELD STATION LLC and the
City of Omaha. This Agreement covers the public improvement of Cynet Commercial Plaza Replat 2(Lots 1-
2), a subdivision located southwest of 136th and "Q" Streets.
The Agreement provides for Interceptor Sewer Fees in the amount of$8,780.31 and Watershed Management
Fees in the amount of$5,880.00 to be paid as building permits are issued.
The Public Works Department requests your consideration and approval of the attached Subdivision
Agreement.
Respectfully submitted, This action has been reviewed and found to be in
conformance with the Master Plan.
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1 Robert G. Stubbe, P.E. Date es R. Thele Date
Public Works Director tanning Director
Approved as to Funding: Referred to City Council for Consideration:
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B. Curtiss Date Mayor's Office Daate
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I 1
SUBDIVISION AGREEMENT
Cynet Commercial Plaza Replat 2 (Lots 1 & 2)
r
This Subdivision Agreement, made this day of , 2014, by and
between DEERFIELD STATION LLC (hereinafter referred to as "SU DIVIDER"), and the CITY OF
OMAHA(hereinafter referred to as"CITY").
WHEREAS, the Subdivider is the owner of the land shown on the proposed plat attached hereto
as Exhibit"A"(hereinafter referred to as"PROPERTY"), and,
WHEREAS, the Subdivider proposes to build public and private improvements on the property;
and,
WHEREAS, the Subdivider wishes to connect the system of sanitary sewers to be constructed
within the property to the sewer system of the City of Omaha; and,
WHEREAS, the Subdivider and City desire to agree on the method for the installation and
allocation of expenses for public improvements to be constructed in the property.
NOW, THEREFORE, in consideration of the above the following is agreed between the parties
hereto:
1. Public improvements. Public Improvements exist to serve the site.
2. Water, gas, and electrical power. The Subdivider agrees to enter into an Agreement with the
Metropolitan Utilities District regarding all water and gas line extensions on the property, and into an
Agreement with the Omaha Public Power District for power lines to be installed on the property.
Copies of all Agreements with the Metropolitan Utilities District and the Omaha Public Power
District will be provided to the City within four months from the date of this Agreement.
3. Payment for improvements. The Subdivider shall pay the cost of all the improvements, as well as all
charges by the Metropolitan Utilities District for water and gas line installation and charges by the
Omaha Public Power District for Underground electrical service or overhead power installations.
4. Sidewalks. The Subdivider shall cause sidewalks along both sides of all public streets within the
area to be developed to be constructed according to the following schedule:
a. Sidewalks shall be constructed immediately abutting undeveloped lots on either side of any block
or cul-de-sac (i.e. circle) as soon as the lots comprising 65% of the abutting footage on such side
have been developed. A lot shall be developed for the purpose of this section when a dwelling
has been constructed on the lot.
b. Sidewalks shall be constructed immediately abutting developed lots as soon after development as
weather shall permit.
c. In any event, all sidewalks shall be constructed upon both sides of all public streets within the
property within three years of the recording of the subdivision plat.
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47684550.1
2
5. Right to connect to City sewer system. The City hereby acknowledges that it has given the
Subdivider the right to connect the sanitary sewer system of the property to the City sanitary sewer
system, subject to obtaining proper permits and paying the regular fees.
6. Interceptor Sewer Fee. 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:
Lot 1, Commercial,
1.09 Acres @$5,973.00 $6,510.57
Lot 2, Commercial,
0.38 Acres @ $5,973.00 $2,269.74
TOTAL: $8,780.31
7. Watershed Management Fee. 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
adopted by the Omaha City Council and is currently as follows:
Lot 1, Commercial
1.09 Acres @ $4,000.00 $4,360.00
Lot 2, Commercial
0.38 Acres @ $4,000.00 $1,520.00
TOTAL: $5,880.00
8. Binding effect. The Subdivision Agreement shall be binding upon the parties, their respective
successors, and assigns.
[SIGNATURE PAGE TO FOLLOW]
47684550.1
I 3
ATTEST: CITY OF OMAHA
C‘Y‘)A1,‘111Y1
CLERK OF THE CITY OF 0 MAYOR
APPROVED AS TO FORM: DEVELOPER:
DEERFIELD STATION LLC
,41 EV12 lkf
By: Robert F.Myers, nt
47684550.1
— _ _
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CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, DEERFIELD STATION LLC proposes to build a subdivision to be known as Cynet
Commercial Plaza Replat 2 (Lots 1-2), which will be located southwest of 136th and"Q" Streets; and,
WHEREAS, DEERFIELD STATION LLC will build public and private improvements in this
subdivision; and,
WHEREAS DEERFIELD STATION LLC wishes to construct a sanitary sewer system and connect
said system to the Sanitary Sewer System of the City of Omaha; and,
WHEREAS,DEERFIELD STATION LLC agrees to pay Watershed Management fees of$5,880.00,
to be paid with the building permit; and,
WHEREAS,DEERFIELD STATION LLC agrees to pay Interceptor Sewer fees of$8,780.3 I,to be
paid with the building permit; 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 between the City of Omaha and DEERFIELD STATION LLC,
as recommended by the Mayor, providing for the Watershed Management fees, Interceptor Sewer fees, and sewer
connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Cynet
Commercial Plaza Replat 2 (Lots 1-2)and is located southwest of 136th and"Q" Streets.
P:\rah\1198rah.doc APPROVED AS TO FORM:
k CITY ATTORNEY DATE
By AziAbiu.
Councilmember
Adopted IOAY 1 3.2Q.j �?
ity Clerk
5 /5k51
Approved
Mayor
NO. `5,L)
Resolution By
Res. that,the Subdivision Agreement between the
City of Omaha and DEERFIELD STATION LLC,
as recommended by the Mayor, providing for the
Watershed Management fees, Interceptor Sewer 4
fees, and sewer connection to the Omaha Sanitary "4
Sewer System, is hereby approved. The
Subdivision is to be known as Cynet Commercial
Plaza Replat 2(Lots 1-2)and is located southwest
of 136th and "Q" Streets.
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Presented to City Council
APR 2.9 2014
MAY 1 3 2014 r Adopted
City Clerk