RES 2013-0419 - Subdivision agmt, Kensington Park µ11i4_''_ � Gi , _ ( t�/ El j Public Works Department
2t i_Illitio.
Omaha/Douglas Gvic Center
1819 Famam Street,Suite 601
''7 11' ,� Omaha,Nebraska 68183-0601
r i, 1 3 5 March 26, 2013 " i : ., ; (402)444-5220
,.- Fax(402)444-5248
City o f Omaha �' Robert G.Stubbe,P.E.
'� '' `' • h Public Works Director
Jim Suttle,Mayor
Honorable President
and Members of the City Council,
The attached Resolution approves the Amendment to the Subdivision Agreement between Edward
Rose Development Company, L.L.C., a Michigan Limited Liability Company, and the City of
Omaha. This Amendment to the Subdivision Agreement covers the public improvement for
Kensington Park (Lots 1 and 2), a subdivision located Northwest of 207th& Q.
The Subdivision Agreement Amendment covers a change in the originally-contemplated schedule for
the installation of public improvements associated with the Kensington Park subdivision. The
Amendment sets a firm deadline for the completion of the improvements; it also stipulates that if
adjacent ground is platted prior to that deadline which requires connection to the Kensington Park
public improvements,then the subdivider of Kensington Park(or their successors and assigns)will
install their public improvements at that time.
The Public Works Department requests your consideration and approval of the attached Resolution
and Amendment to the Subdivision Agreement.
Respectfully submitted, This action has been reviewed and found to be
in conformance with the Master Plan.
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R3( un qfl-1(-eA
Stubbe, P.E. Date ' . . Cningh, '� RA, Date
Public Works Director Planning Director
Approved as to Funding: Re o City Council for Consideration:
1 („„,t-ttf_a ce-i La.' t,--- /
Leslie A. Schaefer Date Mayor' Offic "� Date
Interim Finance Director
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AMENDMENT TO
SUBDIVISION AGREEMENT
Kensington Park (Lots 1 and 2)
This Amendment to Subdivision Agreement ("Amendment"), made this day of
, 2013, by and between Edward Rose Development Company, L.L.C., a
Michigan Limited Liability Company, (hereinafter referred to as "OWNER"), and the CITY OF
OMAHA (hereinafter referred to as"CITY").
WHEREAS, Stone Creek Plaza, LLC, and City entered into a Subdivision Agreement
dated June 30, 2009, covering the public improvement of Kensington Park(Lots 1 and 2), and,
WHEREAS, the Subdivision Agreement calls for the installation of paving, sanitary
sewer, and storm sewer by the Subdivider or their successors and assigns; and,
WHEREAS, Edward Rose Development Company, L.L.C., subsequently obtained the
property and therefore assumed the obligations contained in the Subdivision Agreement; and,
WHEREAS, the Subdivision Agreement required the installation of the public
improvements in general conformance with the schedule of completion set forth in the Phasing
Plan,with a completion deadline of November 24, 2013; and,
WHEREAS, the Subdivision Agreement also stipulated that the schedule of completion
was approximate and may be "reasonably adjusted"; and,
WHEREAS,the Owner wishes and the parties agree to adjust the schedule of completion
for the installation of public improvements, and the parties wish to agree to the same through this
Amendment of the Agreement.
NOW,THEREFORE,the following is agreed to by and between the parties hereto.
Section I. The last sentence of the last paragraph in Section I (which begins "The scheduled
completion dates listed on the Phasing Plan are approximate...") shall be deleted and replaced
with the following:
The parties may agree to amend this Agreement to extend the scheduled commencement
and completion dates shown in Exhibit J. However, in the event that a final plat is
recorded for land adjacent to the Area to be Developed, and that final plat includes public
improvements which call for the connection of a new public street to the section of
George B.Lake Parkway shown in Exhibit B of this Agreement,then the parties agree
that the installation of public improvements shown in Exhibits B, C, and D herein shall
be completed no more than five hundred forty(540)days from the date of the recording
of the plat for the adjacent land. This 540-day deadline will allow for completion of the
City of Omaha public improvement review and approval process,the bidding of the
construction contract, and the completion of all construction of the improvements
identified in Exhibits B, C, and D herein.
Exhibit J. The last sentence of the paragraph on "Exhibit `J' Phasing Plan (which was attached
to the Subdivision Agreement and which begins "Construction of public improvements to
George B.Lake Parkway...") shall be deleted and replaced with the following:
The installation of the public improvements shown on the plans attached hereto as
Exhibits "B,""C," and "D" shall commence no later than May 1, 2015, and shall be
completed no later than October 1, 2015.
Binding effect. This Amendment to the Subdivision Agreement, when fully executed by all
parties, shall be binding upon the parties, their respective successors, and assigns.
IN WITNESS WHEREOF, we, the executing parties, by our respective duly authorized agents,
hereby enter into this Amendment to Subdivision Agreement, effective as of the date first above
written.
ATTEST: CITY OF OMAHA
lli
THE CITY OF •R
CI Y CLERK O /
EDWARD ROSE DEVELOPMENT COMPANY,
L.L.C., a Michigan limited liability company
(I\"A.,-)
BY: JTJ
Name: JE SPAYR. SFY itA."4—
Its: Authorized Agent
APPROVED AS�,77 �TO!FORM:
4.--1---6/E.9 '' rz ,?�.. `'— ter_?
Deputy City Attorney
STATE OF MICHIGAN )
) ss
COUNTY OF KALAMAZOO )
On this 25th day of February , 2013, before me, a Notary Public in and for said County
and State, personally appeared JERRY R. SPEEDY, Authorized Agent of Edward Rose
Development Company, L.L.C., a Michigan Limited Liability Company, who is personally
known by me to be the identical person whose name is affixed to this Amendment to Subdivision
Agreement, and acknowledged the execution thereof to be his voluntary act and deed as such
officer of said company.
My commission expires: 3/8/2018 Notary Public
MELISSA K. RHODES
Notary Public, State of Michigan
County of Kalamazoo
My Commission Expires ar.8,2018
Acting in the County of
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CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,Stone Creek Plaza,LLC,and the City entered into a Subdivision Agreement
adopted by the City Council of the City of Omaha via Resolution No. 641 on June 30, 2009, which
covered the public improvement of Kensington Park(Lots 1 and 2),located Northwest of 207th and"Q"
Streets; and,
WHEREAS,Edward Rose Development Company,L.L.C.,a Michigan Limited Liability
Company, subsequently obtained the property and therefore assumed the obligations contained in the
Subdivision Agreement; and,
WHEREAS,Edward Rose Development Company,L.L.C.,a Michigan Limited Liability
Company,wishes and the parties agree to adjust the schedule of completion for the installation of public
improvements in Kensington Park,and the parties wish to agree to the same through this Amendment of
the Agreement; and,
WHEREAS,an Amendment to 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 Amendment to the Subdivision Agreement between the City of Omaha and
Edward Rose Development Company,L.L.C.,a Michigan Limited Liability Company,as recommended
by the Mayor,providing for the adjustment of the schedule for the installation of public improvements,
is hereby approved. The Subdivision is known as Kensington Park (Lots 1 and 2) and is located
Northwest of 207th and "Q" Streets.
P:\rah\1070rah.doc APPROf V,ED AS TO FORM:
ljt
ITY ATTORNEY DATE
By
Councilme
Adopted R 26 2013.......7-p.
City Clerk 3/2.,47
Approved dor
Mayor
NO. . / e
Resolution By
Res. that, the Amendment to the Subdivision
Agreement between the City of Omaha and
Edward Rose Development Company,L.L.C.,
a Michigan Limited Liability Company, as
recommended by the Mayor,providing for the
adjustment of the schedule for the installation
of public improvements, is hereby approved.
The Subdivision is known as Kensington Park
(Lots 1 and 2) and is located Northwest of
207th and "Q" Streets.
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Presented to City Council
MAR..2.$••2013
Adopted
City Clerk