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RES 2013-1380 - Subdivision agmt, Tripp Place Replat 2 MAHA,N i t S— I I ° q, 4 ' Public Works Department `` "' n r f cr,„ t Omaha/Douglas Civic Center ,s r '�► i October 22, 2013 13 c i 1819 Farnam Street,Suite 601 p �©�r .• Omaha,Nebraska 68183-0601 �o� (402)444 5220 R4TED FEBR4 ( v' _ Fax(402)444-5248 City of Omaha Rfi Robert G. Stubbe,P.E. Jean Stothert,Mayor Public Works Director Honorable President and Members of the City Council, The attached Resolution approves the Second Amendment to the Subdivision Agreement among Clinton D. Boyd,Sanitary and Improvement District(S.&I.D.)432 of Douglas County,Nebraska,and the City of Omaha. This Second Amendment to the Subdivision Agreement covers the public improvement of Tripp Place Replat 2 (Lots 1-8), a subdivision located northwest of 144th Street and Ames Avenue. The Second Amendment to the Subdivision Agreement covers the rescission of the First Amendment to the Subdivision Agreement for Tripp Place Replat. The Second Amendment to the Subdivision Agreement provides for Interceptor Sewer Fees in the amount of $8,800.00 and Watershed Management Fees in the amount of$6,000.00 to be paid as building permits are issued. The Second Amendment to the Subdivision Agreement covers the change in interceptor sewer fees due by S.&I.D. 432. The Public Works Department requests your consideration and approval ofthe attached Resolution and Second Amendment to the Subdivision Agreement. Respectfully submitted, This action has been reviewed and found to be in conformance with the Master Plan. e--. v- - 9- Z5 -/3 ...�.., a. 12,6„//3 V' Robert G. Stubbe, P.E. Date ey- es R. Thele Date Public Works Director cting Planning Director j.it k kor2_(a Approved as to Funding: Referred to City Council for Consideration: L.ti C,--1—eig ,� _yito i Allen Herink Date Mayor's Office Date Acting Finance Director ppr ved: .S ../2 iLN- rook ench, Director 6.-\\ Parks, Recreation and P:\rah\1139rah.doc Public Property Department C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, Clinton D. Boyd and Sanitary and Improvement District No. 432 of Douglas County,Nebraska propose to build a subdivision to be known as Tripp Place Replat 2(Lots 1 -8),which will be located northwest of 144th Street and Ames Avenue; and, WHEREAS, Clinton D. Boyd and Sanitary and Improvement District No. 432 of Douglas County,Nebraska will build public and private improvements in this subdivision; and, WHEREAS, S.&I.D.432 has paid$3,788.00 in interceptor sewer fees in accordance with the original Agreement for Hillsborough Pointe No. 3, adopted by the City Council of the City of Omaha on January 25,2005,via Res.No.35,and S.&I.D.432 has paid$8,523.00 in interceptor sewer fees in accordance with the First Amendment to the Subdivision Agreement for Tripp Place Replat,adopted by the City Council of the City of Omaha on January 15, 2008, via Res. No. 89; and, WHEREAS, Clinton D. Boyd and Sanitary and Improvement District No. 432 of Douglas County, Nebraska agree to pay Watershed Management fees of$6,000.00 and Interceptor Sewer fees of $8,800.00, to be paid with the building permit; and, WHEREAS,S.&I.D.432 is due a refund of$3,511.00 from the Interceptor Sewer Fund;and, WHEREAS,the City of Omaha and Sanitary and Improvement District No.432 of Douglas County,Nebraska rescind the First Amendment to the Subdivision Agreement for Tripp Place Replat; and, WHEREAS,a Second Amendment to the 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 Second Amendment to the Subdivision Agreement among the City of Omaha, Clinton D. Boyd, and Sanitary and Improvement District No. 432 of Douglas County, Nebraska, as recommended by the Mayor, providing for the Interceptor Sewer fees, Watershed Management fees, and refund to Sanitary and Improvement District No.432 of Douglas County from the Interceptor Sewer Fund, is hereby approved. The Subdivision is to be known as Tripp Place Replat 2(Lots 1 -8)and is located northwest of 144th Street and Ames Avenue. P:\rah\1140rah.doc APPROVED AS TO FORM: `� TY ATTORNEY DATE By tes.4. Councilmember Adopted OCT 2 2 2013 9 - U ./1.: X�E� i0 o?S/3 ,�% City Cl k Approved. d5/3 Mayor SECOND AMENDMENT TO SUBDIVISION AGREEMENT TRIPP PLACE REPLAT 2 (LOTS 1-8) � / This Second Amendment to Subdivision Agreement, made this day of lam, , 2013 among CLINTON D. BOYD (hereinafter referred to as "SUBDIVIDER"), SANITARY AND IMPROVEMENT DISTRICT NO. 432 OF DOUGLAS COUNTY, NEBRASKA (hereinafter referred to as "DISTRICT"), 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", 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, no additional public improvements are required to serve the Area to be Developed; and, WHEREAS, the City, the Subdivider, and the District previously entered into a Subdivision agreement (hereinafter referred to as the "Agreement") covering the public improvement of Hillsborough Pointe No. 3 (Lots 2-11), adopted by the City Council of Omaha on January 25, 2005 via Res. No. 35, setting forth certain conditions; and, WHEREAS, the City, the Subdivider, and the District previously entered into a First Amendment to the Subdivision Agreement (hereinafter referred to as the "First Amendment") covering the public improvement of Tripp Place Replat (Lots 1-13), adopted by the City Council of Omaha on January 15, 2008 via Res. No. 89, setting forth certain conditions. NOW, THEREFORE, in consideration of the above the following is agreed between the parties hereto: 1. The First Amendment to the Subdivision Agreement covering the public improvement of Tripp Place Replat (Lots 1-13), entered into by the parties and adopted by the City Council of Omaha on January 15, 2008 via Res. No. 89, is rescinded by the parties. 2. Section IX-A of the Agreement shall be amended to include language to provide for additional interceptor sewer fees, as follows: 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: Rev. 4/30/2012 Fees Previously Paid: Lots 8-11, Single Family or Duplex Residential, Hillsborough Pointe No. 3 4 Units @ $947.00 /Unit = ($3,788.00) Lots 1-13, Single Family or Duplex Residential, Tripp Place Replat 13 Units @ $947.00/Unit (less $3,788.00) = ($8,523.00) Total = ($12,311.00) Fee Currently Due: Lots 1-8, Single Family or Duplex Residential, Tripp Place Replat 2 8 Units @ $1,100.00/Unit = $8,800.00 Reimbursement Due to SID 432 from the Interceptor Sewer Fund: = $3,511.00 At the time of building permit application, the applicant for each lot shall provide to the City Permits and Inspections Division proof of the following payment: Per Lot of Lots 1-8, Tripp Place Replat 2 (Due to SID 432): = $1,100.00 3. Section IX of the Agreement shall be amended to include the following: 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: Lots 1-8, Single Family or Duplex Residential, Tripp Place Replat 2 8 Units @ $750.00 /Unit = $ 6000.00 TOTAL: = $ 6000.00 4. Section II-J of the Agreement shall be amended to include the following: Park Fees. The owner of each lot of Tripp Place Replat 2 shall make payment to the City of Omaha for Park Fees. Trails / Boulevard Fee. A Trail and Boulevard Fee will be assessed at the time of building permit on a per-lot basis. Community Parks. A Community Park Fee will be assessed at the time of building permits on a per-lot basis. 5. Binding effect. The Second Amendment to the Subdivision Agreement shall be binding upon the parties, their respective successors, and assigns. Rev. 4/30/2012 ATTEST: CITY OF OMAHA DE8 U T yI CLERK F T E CITY OF OMAHA MAYOR APPROVED AS TO FORM: SUBDIVIDER: 7:&47We.% ga-7,0 $-2Z-13 SANI Y I PROVEMENT DISTRICT 432 $-22-13 C AN F BOARD subagree Rev. 4/30/2012 . . ' ' 1- 8 ' 1 aA ) 3AISn10NI `8 nbH± S10i omoN w a 0 c ? 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Boyd, and Sanitary and Improvement District No. 432 of Douglas County,Nebraska,as recommended by the Mayor, providing for the Interceptor Sewer fees, Watershed Management fees, and refund to Sanitary and Improvement District No. 432 of Douglas County from the Interceptor Sewer Fund, is hereby approved. The Subdivision is to be known as Tripp Place Replat 2 (Lots 1 -8)and is located northwest of 144th Street and Ames Avenue. P:\rah\1140rah.doc Presented to City Council OCT 2 2 2013 Adopted 7 - City Clerk