RES 2014-0385 - Subdivision agmt, Coventry Ridge Public Works Department
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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 among Coventry Ridge, LLC,
Coventry Ridge Homeowners Association, Sanitary and Improvement District (S.&I.D.) 524 of
Douglas County, Nebraska, and the City of Omaha. This Subdivision Agreement covers the
public improvement of Coventry Ridge (Lots 1-37 and Outlot A), a subdivision located
northwest of 204th and Harrison Streets.
This Subdivision Agreement stipulates which public improvements will be built by S.&.I.D. 524,
those which will be paid for by special assessment and those to be paid for by General
Obligation of S.&I.D. 524. The estimated total cost of improvements is $1,773,500 of which
$1,013,000 will be paid by General Obligation.
The Agreement provides Interceptor Sewer Fees in the amount of $40,700.00 and Watershed
Management Fees in the amount of$27,750.00 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,
$20,097.00, 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 $6,130. The City will use this
fee to fund additional personnel in the Planning and Public Works Departments to facilitate the
processing of developments.
The City authorizes the use of Arterial Street Improvement Program (ASIP) funds for a lump
sum payment to the District of $179,420.00 toward the improvement of Harrison Street. This
payment is in keeping with a previous City Council authorization for ASIP funds, but replaces
the previously-contemplated method and timing by which the funds would have been collected
by the District. This amount shall be paid from the ASIP Fund, Fund 34136.
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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W Rob G. Stubbe, P.E. Date J es R. Thele Date
Public Works Director anning Director
Approved as to F,4unding: Referred to City Council for Consideration:
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Approved:
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SUBDIVISION AGREEMENT
Coventry Ridge(Lots 1-37 and Outlot A)
THIS AGREEMENT, made and entered into this day of r I t , 2014, by and between
COVENTRY RIDGE, LLC, (hereinafter referred to as "Subdivider"), ventry Ridge Homeowners Association,
(hereinafter referred to as"Association") SANITARY AND IMPROVEMENT DISTRICT NO. 524 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 Coventry Ridge Homeowners Association, Inc. comprised of the
property owners of Lots 1 - 37, Coventry Ridge; Outlot"A" is excluded because it will contain a permanent storm
water detention basin and will be owned and maintained by the District; 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. Outlot A is for stormwater management and therefore is not a building site.
Outlot A, inclusive shall be owned and maintained by the District.
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 E&A Consulting Group, Inc., 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 E&A Consulting Group,Inc.,copies of which are attached hereto as Exhibit"C".
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 E&A Consulting Group, Inc.,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. Harrison Street will be improved to a three lane and four lane roadway section with deceleration lane to
allow turn lanes into the Subdivision at Coventry Drive and Spence Drive as shown on the paving plans
prepared by E&A Consulting Group, Inc.,copies of which are attached hereto as Exhibit"B". District has
entered into an interlocal agreement with Douglas County, Sarpy County and City for sharing of costs of
these improvements. An executed copy of this agreement shall be provided to the City prior to recording
the final plat.
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
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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 E&A Consulting Group, Inc.,copies of
which are attached hereto as Exhibit"E". The City has assigned a project number of OMA 20130920-897-
P to these plans.
J. The Subdivider agrees to grade the subdivision so that the elevation at the property line adjacent to
Harrison Street shall meet the proposed grade established by Douglas County Engineers.
K. 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"F". 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.
L. Permanent stormwater detention or treatment facilities in accordance with an approved Post Construction
Stormwater Management Plan will be permitted to be constructed and considered public improvements
provided the following conditions are met:
(1) Size,material and grade of riser structures and discharge pipes are in conformance with an
approved Post Construction Stormwater Management Plan.
(2) Detailed plans of the permanent facilities are included with the final plans for Paving&Storm
Sewer improvement to be submitted and approved by the City.
(3) Representatives of the SID together with representatives of the City shall inspect said permanent
facilities prior to acceptance of the improvements by the City,normally at the time of submittal of as-
constructed plans,final project costs and testing results.
Permanent stormwater detention facilities may be a general obligation of the District.
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.
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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"C".
5. The cost of storm sewers and appurtenances may be 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.
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 "G". PMRNRD 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 may be 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.
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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.
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 1 -37,Residential,
44.66 Acres @$450.00 per acre $20,097.00
TOTAL: $20,097.00
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 $6,130 for Lots 1 - 37, 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. Post construction storm water management facilities will be located within Outlot "A", Coventry Ridge as
shown on Exhibit "A". The District will be allowed to install and maintain said Post Construction Storm
Water Management facilities as shown on Exhibit "F", "Post Construction Storm Water Management
Facilities Plan Maintenance Agreement and Easement". The District will be allowed to purchase that
portion of the Outlots to be used as post construction storm water management facilities and may be a
General Obligation of the District. The cost of installation and maintenance of post construction storm
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water management facilities may be a general obligation of the District. The District is authorized to pay
for the acquisition of Outlot "A" which is land reserved for permanent Post Construction Stormwater
Management Facilities.
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.
The estimated general obligation of the District for Lots 1 - 37 is estimated to be $1,013,0000 ($7,500,000 for the
entire project), as shown on the Source & Use of Funds, Exhibit "D". The District valuation for Lots 1 - 37 is
estimated to be $14,000,000, as shown on Exhibit "D", for a debt ratio of 7.24% ($318,910,000 valuation and
2.34%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$1,024,000 for Lots 1 —37, 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 for the entire project be in excess of 4%of estimated valuations,
unless such additional costs are approved by the City.
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
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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
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
Districts 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
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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.
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,
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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
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 1-37, Single Family Residential,
37 Lots @$1,100.00 $40,700.00
TOTAL: $40,700.00
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 1X-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.
9 1/28/2014
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 adopted by the Omaha City Council and is currently as follows:
Lots 1-37, Single Family Residential,
37 Lots @$750.00 $27,750.00
TOTAL: $27,750.00
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. Outlot A shall be used for permanent post construction storm water management facility and will be owned
and maintained by the District.
C. No separate administrative entity nor joint venture, among the parties, is deemed created by virtue of the
Subdivision Agreement.
10 1/28/2014
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".
F. The City authorizes the payment to the District from the Arterial Street Improvement Program(ASIP)fund
in the amount of$179,420.00(35.884 acres in Lots 93 and 94,Coventry times$5000 per acre). This
payment shall be made in lieu of the District collecting ASIP fees on a lot-by-lot basis for Lots I —37,
Coventry Ridge, superseding the terms of Section X(F)of the Subdivision Agreement for Coventry
approved by the City Council of Omaha via Resolution No. 542 on May 6,2008, for Lots 93 and 94,
Coventry. The ASIP fee for Lots 1 —37,Coventry Ridge,(and any subsequent replats of said lots)shall be
collected by the City Permits and Inspections Division on a lot-by-lot basis prior to receiving a building
permit to construct improvements on any lot.
Pursuant to the terms of Section X(F)of the Subdivision Agreement for Coventry approved by the City
Council of Omaha via Resolution No. 542 on May 6,2008,the District agrees that its total collection of
ASIP fees for the Harrison Street improvements, including the lump-sum payment of$179,420.00 as
authorized herein, shall not exceed$345,575.00. Any ASIP fees collected by the District which exceed the
total $345,575.00 authorized amount shall be turned over to the City to be placed in the Arterial Street
Improvement Program(ASIP)fund.
[THE BALANCE OF'THIS PAGE LEFT INTENTIONALLY BLANK—
SIGNATURES APPEAR ON THE FOLLOWING PAGEI
11 20 ?014
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
til&-.<- -Eitifjr1
I ERK D e YO� R fc#
ATTEST: SANITARY AND IMPROVEMENT DISTRICT NO.
524 OF DOUGLAS COOUNTY,a/,-- :
NEBRASKA
f--29-)N o 7 /- 29-/Y
CLERK Date HAIRMAN Date
COVENTRY RIDGE HOMEOWNERS
ASSOCIATION
gr-- 7 4i,g-'3&-- /- c--/C7
PR [DENT Date
COVENTRY RIDGE, LLC., APPROVED AS TO FORM
B d 2 /- z -i1 r ',y).1 ,7 i�Gf' '.
, Manager-Subdivider Date ASSISTANT CITY AT I ORNEY Date
12 1/28/2014
STATE OF NEBRASKA )
)ss.:
COUNTY OF DOUGLAS)
On this.21 th day of0-rtu cuisi
, 2014, before me, a Notary Public in and for said County and State,
personally appeared h 4. (.:u.cl-t.i. , Manager of COVENTRY RIDGE, LLC, a Delaware limited
liability company, who executed the above and acknowledged the execution thereof to be his voluntary act and deed
on behalf of the corporation.
NOTA' PUBLIC GENERAL NOTARY-State of Nebraska
JESSICA COOPER
My • , ission expires a- . 31, ,aO 1 S — My Comm.Exp.Jan.31,2015
STATE OF NEBRASKA )
)ss.:
COUNTY OF DOUGLAS)
On this a,j th day of JO-Au , 2014, before me, a Notary Public in and for said County and State,
personally appeared 'President of Coventry Ridge Homeowners Association, who executed the
above and acknowledged the execution thereof to be their voluntary act and deed on behalf of the Association.
/l
NOTAR BL1C f/ GENERAL NOTARY-State of Nebraska
My Co Sion expires 3 DO M 5 I JESS{CA COOPER
'_' My Comm.Exp.Jan.31,2015
13 1/28/2014
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 POST-CONSTRUCTION STORMWATER MANAGEMENT PLAN
EXHIBIT F POST-CONSTRUCTION STORMWATER MANAGEMENT MAINTENANCE PLAN
EXHIBIT G SEDIMENT&EROSION CONTROL PLAN
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EXHIBIT"C" fst,Elaal,
Name of Addition: COVENTRY-PHASE 3(LOTS 1-371 SID#524 EXHIBIT"D-1"
Source and Use of Funds: (Provide separate sheet for the preliminary plat and for each final plat phase)
PROPOSED IMPROVEMENTS'
CONSTRUCTION FINANCING(2)
QUANTITY CONSTRUCTION TOTAL GENERAL SPECIAL REIMBURSIBLE PRIVATE
COST COST OBLIGATION
STORM SEWER $ 190.000 $ 265.000 $ 100,000 $ 165.000
Acquisition of Outlot"A"-0.649
Acres at$35,389.29 per acre $ 22,968 $ 28.000 $ 28.000
SANITARY SEWER
INTERCEPT.FEES
OUTFALL
INTERIOR 115.000 165,000 165.000
PAVING
MINOR 308.000 370.000 185,000 185.000
COLLECTOR HARRISON STREET 500.000 700.000 700.000 0
MAJOR
SIDEWALKS
PARKS
ACQUISITION
IMPROVEMENTS
FEE 21.000 25.200 25.200
WATER
INTERIOR 121.000 169.000 169.000
OFF-SITE FEE
ADMINISTRATIVE FEE 1% 6130 7 300 7,300
GAS
INTERIOR
OFF-SITE
ELECTRICITY 32,500 44,000 44.000
TOTAL $ 1,316,598 $ 1,773,500 $ 1,013,000 $ - $ - $ 760,500
(1) Total cost includes the addition of legal,engineering,fiscal fees and interest.
(2) Attach a statement of assumptions used as a basis for preliminary projections. Date 1/17/2014
VALUATION: 35 UNITS @$400,000 $14,000,000
DEBT RATIO: 7.24%
Name of Addition: COVENTRY-TOTAL ALL PHASES SID#524 EXHIBIT"D-1"
Source and Use of Funds: (Provide separate sheet for the preliminary plat and for each final plat phase)
PROPOSED IMPROVEMENTS
CONSTRUCTION FINANCING(2)
QUANTITY CONSTRUCTION TOTAL GENERAL SPECIAL REIMBURSIBLE PRIVATE
COST COST OBLIGATION
STORM SEWER $ 1.217.000 $ 1.608,000 $ 063.000 $ - $ - $ 745.000 '
Acquisition of Outlot
"A"-0,649 Acres at
$35,389.29 oer acre $ 22.968 $ 28.000 $ 28.000
SANITARY STORM PAVING I $ 2 850.000 $ 3.990.000 $ 2 220.100 $ 1 769.900
SANITARY STORM•PAVING II $ 1.891.000 $ 2.647.100 $ 1.237.000 $ 1,410.100 $ - $ -
SANITARY SEWER
INTERCEPT.FEES 294.000 354.000 60.000 294.000
OUTFALL
INTERIOR 521.300 652.200 0 0 0 652.200
PAVING
MINOR 809.100 970.200 185.000 0 0 785.200
COLLECTOR
MAJOR Q STREET 850.000 1.648.000 711.000 0 937.000 2
HARRI$ON STREET 500.000 700.000 700.000 0 0 0
TRAFFIC SIGNAL 368.000 514.000 514.000 0 Q Q
SIDEWALKS
PARKS
ACQUISITION
IMPROVEMENTS BOULEVARD 309.000 433.200 0 433.200 Q 0
FEE 151.550 182.200 Q 0 Q 182.200
WATER
INTERIOR 1.987,900 2.661.100 483.000 1.398.000 2 780.100
OFF-SITE FEE
ADMINISTRATIVE FEE 1% 406.180 487.100 463.000 Q 2 24.100
GAS
INTERIOR
OFF-SITE
ELECTRICITY 657,900 851,000 0 507,000 0 344,000
TOTAL $ 12,835,898 $ 17,726,100 $ 7,464,100 $ 5,518,200 $ 1,231,000 $ 3,512,800
(1) Total cost includes the addition of legal,engineering,fiscal fees and interest.
(2) Attach a statement of assumptions used as a basis for preliminary projections. Date 1/17/2014
VALUATION: $318,910,000
DEBT RATIO: 2.34%
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EXHIBIT "F"
BMP Maintenance Requirements
Coventry Ridge
Lots 1 Thru 37 Inclusive & Outlot "A"
Coventry Drive and Harrison Street; Omaha, NE
General BMP Information
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BMP#1: Bio-Retention Basin"A" 41d 11' 37.79"N, 96d 14' 36.26"W
BMP#1: Bio-Retention Basin"B-2" 41d 11' 54.12"N, 96d 14' 36.29"W
BMP#1: Bio-Retention Basin"D" 41d 11' 26.44"N, 96d 14' 30.26"W
II. Routine Maintenance Tasks and Schedule for typical BMPs
d an 33� � Y i '� .°&�,- '� �' �$„� we `�s�;� .€ �
B 1 =°etentio sin Mai tenan e Tasks,and chedule�� ;�
Remove trash and debris Monthly
Check and repair any eroded areas Monthly
Inspect for erosion and vegetative Monthly, reseed as necessary
failure, including overflow path
areas and basin backslope
Inspect for ponding,washed out Monthly
areas, soil conditions
Perimeter mowing Monthly
Inspect collection system for Quarterly
proper functioning
Pruning Annually
Perform soil test and replace soil Annually
if needed
Repair broken pipes As needed
Remove sediment As needed
III. The Property Owner shall perform maintenance and inspection in accordance with
the above table. A written report of all maintenance and inspections shall be
prepared annually and kept on file by the Owner for a period covering the last 3
years at all times. The first report shall be prepared within one year of receiving
the Certificate of Occupancy. Upon request of the City, the Owner shall provide
copies of the annual maintenance inspection reports within three (3)business days.
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EXHIBIT"G"
e/10.11I .
•
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Coventry Ridge, LLC,proposes to build a subdivision to be known as
Coventry Ridge (Lots 1-37 and Outlot A), which will be located northwest of 204th and Harrison
Streets; and,
WHEREAS, Sanitary and Improvement District(S.&I.D.)524 will build public and
private improvements in this subdivision; and,
WHEREAS, Coventry Ridge, LLC, and S.&I.D. 524 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. 524 agrees to pay$6,130 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$40,700.00 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$27,750 will be collected
by the City as Building Permits are approved in the subdivision; and,
WHEREAS, S.&I.D. 524 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,$20,097.00,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, the City authorizes the use of Arterial Street Improvement Program
(ASIP) funds for a lump sum payment to the District of$179,420.00 toward`the improvemeni of
Harrison Street. This payment shall be in lieu of lot-by-lot collection of ASIP fees by the District as
approved by the City Council of Omaha via Resolution No. 542 on May 6,2008 for Lots 93 and;94,
Coventry. The City will make this lump sum payment to the District and then will collect the ASIP
fees at the time of building permit on a lot-by-lot basis. This amount shall be paid from the ASIP
Fund, Fund 34136.
WHEREAS, Coventry Ridge, LLC, has or will create The Coventry Ridge
Homeowners Association,who will be responsible for identified ongoing maintenance as contained
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,Coventry Ridge,LLC,
Coventry Ridge Homeowners Association,and Sanitary and Improvement District(S.&I.D.)524 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, sewer
connection to the Omaha Sanitary Sewer System,and payment to the District from the ASIP fund for
improvements to Harrison Street, is hereby approved. The Subdivision is to be known as Coventry
Ridge (Lots 1-37 and Outlot A) and is located northwest of 204th and Harrison Streets.
P:\rah\1182rah.doc APPROVED AS TO FORM:
2
2CITY ATTORNEY DATE
By
Councilmember
Adopted R - 8 2014 -C
City Clerk //eA
Approved.)
Mayor
v� f
NO. ..:. .5�
Resolution By
Res. that, the Subdivision Agreement among
the City of Omaha, Coventry Ridge, LLC,
Coventry Ridge Homeowners Association,and
Sanitary and Improvement District (S.&I.D.)
524 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,sewer connection to the Omaha
Sanitary Sewer System, and payment to the
District from the ASIP fund for improvements
to Harrison Street, is hereby approved. The
Subdivision is to be known as Coventry Ridge
(Lots 1-37 and Outlot A) and is located
northwest of 204th and Harrison Streets.
P:\rah\1 182rah.doc
Presented to City Council
MAR 2 5 20141/ /
•�
APR - $ 2014_. Adopted 1-c
City Clerk