RES 2013-1457 - Subdivision agmt, Stephen Center OMAHA,AT4 1 rW i f 6^- 1
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City of Omaha t' 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 Stephen Center, Inc., a
Nebraska Corporation, and the City of Omaha. This Subdivision Agreement covers the public
improvement of Stephen Center(Lot 1), a subdivision located southwest of 27th and "Q" Streets.
The Agreement provides for the payment of Watershed Management fees of$5,600.00,to be paid by
the Subdivider with the building permit.
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 c nformance with the Master Plan.
C70--e-i-At ./e, i f-/i ...,._ -,— j? -----r-L4
Robert G. Stubbe, P.E. Date ames R. Thele Date
Public Works Director cje, Planning Director
Approved as to Funding: Referred to City Council for Consideration:
•
CO-2-- 44_1,...,1 /0 -/..)-13 &A..., .,__S-13L- ic
Allen Herink Date Mayor's Office / Date
33' Acting Finance Director
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C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Stephen Center, Inc., a Nebraska Corporation, proposes to build a
subdivision to be known as Stephen Center(Lot 1),which will be located southwest of 27th and„"Q"
Streets; and,
WHEREAS, Stephen Center, Inc., a Nebraska Corporation, will build public.arid
private improvements in this subdivision; and,
WHEREAS Stephen Center, Inc., a Nebraska Corporation, wishes to construct a
sanitary sewer system and connect said system to the Sanitary Sewer System of the City of Omaha;
and,
WHEREAS, Stephen Center,Inc.,a Nebraska Corporation,agrees to pay Watershed
Management fees of$5,600.00, 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 Stephen Center,
Inc., a Nebraska Corporation, as recommended by the Mayor, providing for the public
improvements, Watershed Management fees, and sewer connection to the Omaha Sanitary Sewer
System, is hereby approved. The Subdivision is to be known as Stephen Center (Lot 1) and is
located southwest of 27th and "Q" Streets.
P:\rah\1152rah.doc APPROVED AS TO FORM:
CITY ATTORNEY DATE
By Al i("G`
Councilmember
Adopted.... NOV 1 9 2013 7 a
/fze.)-•
Ci Cle ///,20.0—
ApprovecISI-41k—
Mayor
SUBDIVISION AGREEMENT
STEPHEN CENTER(Lot
1)
THIS AGREEMENT,made and entered into this `9' day of ,' 4"t ri Err ,20,,by and between Stephen
Center, Inc., a Nebraska corporation, (hereinafter referred to as "Subdivider"), 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"
(hereinafter referred to as the "Area to be Developed");and,
WHEREAS,the Subdivider proposes to build public improvements in the area to be developed;and,
WHEREAS, the Subdivider wishes to connect the system of sanitary sewers to be constructed within the area to be
developed to the sewer system of the City;and,
WHEREAS, the parties wish to agree on the method for the installation and allocation of expenses for public
improvements to be constructed in the property.
NOW,THEREFORE, IT IS AGREED AS FOLLOWS:
For the purpose of this Agreement,the following words and phrases shall have the following meanings:
The "cost" or "entire cost" of a type of improvement shall be deemed to include all construction costs, engineering
fees,attorneys'fees,testing expenses,publication costs,financing costs and miscellaneous costs.
SECTION I
Subdivider covenants that Subdivider shall, 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 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 paving plans prepared
by Thompson,Dreessen&Dorner,Inc., copies of which are attached hereto as Exhibit"B".
B. Sidewalks and street trees along both sides of all public streets within the area to be developed shall be
constructed by the Subdivider 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.
SECTION II
The parties agree that the entire cost of all public improvements paid for privately by the Subdivider 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 for privately by the Subdivider,as indicated in Exhibit"B".
SECTION III
Subdivider covenants and agrees that the Subdivider will abide by and incorporate into all of its construction
contracts the provisions required by the regulations of the City pertaining to construction of public improvements in
subdivisions and testing procedures therefore.
SECTION IV
In the performance of this Agreement, the Subdivider 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 V
A. Subject to the conditions and provisions hereinafter specified, the City hereby grants permission to the
Subdivider to connect its sewer system to the sewer system of the City, in such manner and at such place or
places designated on plans submitted by the Subdivider and approved by the City.
B. Upon the completion of any sanitary outfall sewer, if any,built by the Subdivider, the City shall be granted
and they shall accept control and operation of the facility. The Subdivider shall convey by proper legal
instrument all its rights, easements, title, and interest in such Sanitary Outfall Sewer to the City. The form
of acquisition shall be upon approved City forms.
C. Without prior written approval by the City, the Subdivider shall not permit any sewer lines outside the
presently described boundaries to be connected to: The sewer or sewer lines of the subdivision, any sewer
from the subdivision's boundaries to the sewers of the City, any outfall sewer of the City, or any sewage
treatment plant of the City. The City shall have exclusive control over connections to its sewers whether
inside or outside the subdivision. The Subdivider shall not collect charges for such connections.
D. At all times, all sewage from and through said subdivision into the City sewer system shall be in conformity
with the ordinances, regulations, and conditions applicable to sewers and sewage within the City as now
existing and as from time to time may be amended.
E. Before any connection from any premises to the sewer system of the subdivision may be made, a permit
shall be obtained for said premises and its connection from the proper department of the City,which permit
shall be obtainable on the same terms, conditions, and requirements of the City and for the same permit fee
of the City applicable from time to time to permit property outside the City to connect to the sewer system
of the City; it being expressly understood that the City reserves the right to collect all connection charges
and fees as required by City ordinances or rules now or hereafter in force;all such connections shall comply
with minimum standards prescribed by the City.
F. Notwithstanding any other provisions of this Agreement, City retains the right to disconnect the sewer of
any industry, or other sewer user within the area to be developed, which is discharging into the sewer
system in violation of any applicable ordinance,statute,rule or regulation.
G. The Subdivider warrants that it has not employed or retained any company or person,other than a bona fide
employee working for the Subdivider,to solicit or secure this Agreement, and that it has not paid or agreed
to pay any company or person, other than a bona fide employee working for the Subdivider, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from
the award or making of this Agreement. For breach or violation of this warranty, the City shall have the
right to annul this Agreement without liability. The Subdivider shall require the same warranty from each
contractor with whom it contracts in any way pertaining to its sewage system. The prohibition provided for
herein shall not apply to the retention of an attorney or other agent for the purpose of negotiating the
provisions of this Agreement where the existence of such agency has been disclosed to the City.
H. The Subdivider expressly agrees that they are and shall be:
1. Bound by and to any provisions of any ordinances, rules and regulations hereafter made and
adopted by the City of Omaha applicable to subdivisions whose sewers connect directly or
indirectly with or into sewers or sewage systems of the City of Omaha;and,
2. Bound by any terms and provisions which by ordinance, resolution or rule of the City of Omaha
shall hereafter adopt or provide as being applicable to or required in contracts with subdivisions or
in order to permit or continue the discharge of any sewage from a subdivision to flow into or
through any part of the sewer or sewage system of the City of Omaha.
SECTION VI
A. The owner of each lot shall make payment to the City of Omaha for 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,MU,
1.4 Acres @$4,000.00 $ 5,600.00
TOTAL: $ 5,600.00
SECTION VII
A. Installation of entrance signs or related fixtures and any median landscaping and related fixtures shall be
paid for by the Subdivider. Plans for such proposed improvements that are to be located in public right-of-
way and a proposed maintenance agreement for the improvements must be submitted to the City for review
and approval prior to the installation of improvements.
B. No separate administrative entity nor joint venture,among the parties, is deemed created by virtue of the
Subdivision Agreement.
C. The administration of this Subdivision Agreement shall be through the offices of the undersigned officers
for their respective entities.
D. This Subdivision Agreement shall be binding upon the parties,their respective successors and assigns and
runs with the land shown on Exhibit"A".
E. In the event that the City requires the granting of an easement or right of way dedication along 27th Street or
"Q" Street in conjunction with a City street or bridge improvement project,the subdivider agrees to grant
said easement or right of way dedication at no cost to the City.
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
/fr .
T CLERK Date MAYOR Dat
APPROVED AS TO FORM
/e7Y/Y7
Subdivider Date ASSISTANT CITY ATTORNEY Date
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NO. .i 7. S
Resolution By
Res.that,the Subdivision Agreement between
the City of Omaha and Stephen Center,Inc.,a
Nebraska Corporation, as recommended by
the Mayor, providing for the public
improvements, Watershed Management fees,
and sewer connection to the Omaha Sanitary
Sewer System, is hereby approved. The
Subdivision is to be known as Stephen Center
(Lot 1) and is located southwest of 27th and
"Q" Streets.
P:\rah\1152rah.doc
Presented to City Council
OCT 2 9 2013
z
NOV 1 9 2013 - Adopted 9 0
City Clerk