RES 2013-0243 - Subdivision agmt, First National Business Park Replat 3 () )
' � R 01.0044 A.
E_ C E b� ' ' Public Works Department
' Omaha/Douglas Civic Center
"' 1819 Farnam Street,Suite 601
in: 43�.. ^ f ' ' I Omaha,Nebraska 68183 0601
P *, February 26, 2013 r (402)444-5220
Fax(402)444-5248
j*i'kr,,t tvK"'*1-. C I T`( �;L- ` { . Robert G.Stubbe,P.E.
City of Omaha '.;M�G�i '`
Jim Suttle,Mayor Public Works Director
Honorable President
and Members of the City Council,
The attached Resolution approves the Subdivision Agreement between WACHOVIA
DEVELOPMENT CORPORATION, a North Carolina Corporation, and the City of Omaha. This
Subdivision Agreement covers the public improvement of First National Business Park Replat 3,a
subdivision located Northeast of 144th Street and FNB Parkway.
The Agreement provides for Interceptor Sewer Fees in the amount of$31,059.60 and Watershed
Management Fees in the amount of$109,220.00 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,$4,160.00,is to be paid
by the Subdivider at the time of final platting, and the remaining half to be paid as building permits
are issued.
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 wit ... ._ er Plan.
R Rob Stubbe, P. . Date 010
. unnin h RA F.Sr- Date
Public Works Director Planning Dire ale-
-Approved as to Funding: Refe o City Council for Consideration:
3 3
Leslie A. Schaefer Date Mayor's ffice Date
Interim Finance Director
A oved:
,2-6-43
Brook Bench, Acting Director
Parks, Recreation and
P:\rah''I 063rah.doc Public Property Department
SUBDIVISION AGREEMENT
FIRST NATIONAL BUSINESS PARK REPLAT 3
This Subdivision Agreement, made this I�'Zlay of .� , 20I3 by
and between WACHOVIA DEVELOPMENT CORPORATION, a North na Corporation
(hereinafter referred to as "SUBDIVIDER"), 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
portions of 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 currently 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 prior to issuance of a Certificate of
Occupancy for any improvements.
3. Payment for improvements. The Subdivider shall cause 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 to be paid.
4. Sidewalks. All sidewalks have been constructed upon both sides of all public streets within
the Property.
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.
4847-0915-5089.3
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. Lots 1 and 3, First
National Business Park Replat 3, as shown herein in Exhibit A shall not be subject to the
Interceptor Sewer fee, as they already have existing buildings with existing connections to the
City's sewer system. However, the parties acknowledge that in the event of any future
subdivision of Lot 1 or 3, First National Business Park Replat 3, into multiple buildable lots,
any newly-created lots shall be subject to the then-current Interceptor Sewer fee through the
amendment of this agreement by the parties, while the lots containing the existing building
will continue not to be subject to the fee. Payment shall be based on the current fee adopted
by the Omaha City Council and is currently as follows:
Lot 2, MU,
5.2 Acres @ $5,973.00 $31,059.60
TOTAL: $31,059.60
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.
Watershed Management Fees shall be payable respecting Lots 1 or 3, First National Business
Park Replat 3 only at such time(s) and as set forth in Chapter 32 of the Omaha Municipal
Code. Payment shall be based on the current fee adopted by the Omaha City Council and is
currently as follows:
Lot 1, MU,
1.975 Acres @ $4,000.00 $7,900.00
Lot 2, MU,
5.2 Acres @ $4,000.00 $20,800.00
Lot 3, MU,
20.13 Acres @ $4,000.00 $80,520.00
TOTAL: $109,220.00
8. Park Fees. The owner of each lot shall make payment to the City of Omaha for Park Fees.
Lots 1 and 3, First National Business Park Replat 3, as shown herein in Exhibit A shall not be
subject to the Park Fees, as they are already improved lots. However, the parties acknowledge
4847-0915-5089.3
that in the event of any future subdivision of Lot 1 or 3, First National Business Park Replat 3,
into multiple buildable lots, any newly-created lots shall be subject to the then-current Park Fees
through the amendment of this agreement by the parties, while the lots containing the existing
building will continue not to be subject to the fee.
Trails / Boulevard Fee. There will be no platting fees for trails and boulevards. A Trail and
Boulevard Fee will be assessed at the time of building permit.
Community Parks. Approximately fifty percent (50%) of the Community Park(CP) Fee will be
paid by the Subdivider at the time of final platting. This portion of the CP Fee is calculated on a
per-acre basis as follows:
Lot 2, Commercial or Industrial,
5.2 Acres @ $800.00 per acre $4,160.00
TOTAL: $4,160.00
The remaining portion of the Community Park Fee will be assessed at the time of building
permits on a per-lot basis.
9. Binding effect. The Subdivision Agreement shall be binding upon the parties, their
respective successors, and assigns.
ATTEST: CITY OF OMAHA
A‘4/5f .- ia/e7/6P I I I IP .,04((‘
CITY CLERK OF THE CITY OF OMAHA ! :•� • '
APPROVED AS TO FORM: DEVELOPER:
' /-ec -1) 1 . iZ-Zg-12
subagree
4847-0915-5089.3
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
• Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, WACHOVIA DEVELOPMENT CORPORATION, a North Carolina
Corporation,proposes to build a subdivision to be known as First National Business Park Replat 3,
which will be located Northeast of 144th Street and FNB Parkway; and,
WHEREAS, WACHOVIA DEVELOPMENT CORPORATION, a North Carolina
Corporation, will build public and private improvements in this subdivision; and,
WHEREAS, WACHOVIA DEVELOPMENT CORPORATION, a North Carolina
Corporation, wishes to construct a sanitary sewer system and connect said system to the Sanitary
Sewer System of the City of Omaha; and,
WHEREAS, WACHOVIA DEVELOPMENT CORPORATION, a North Carolina
Corporation,agrees to pay Watershed Management fees of$109,220.00,to be paid with the building
permit; and,
WHEREAS, WACHOVIA DEVELOPMENT CORPORATION, a North Carolina
Corporation„agrees to pay Interceptor Sewer fees of$31,059.60,to be paid with the building permit;
and,
WHEREAS, WACHOVIA DEVELOPMENT CORPORATION, a North Carolina
Corporation, 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,$4,160.00,is to
be paid at the time of final platting,and the remaining half to be paid as building permits are issued;
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:
By
Councilmember
Adopted
City Clerk
Approved
Mayor
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
PAGE -2-
THAT, the Subdivision Agreement between the City of Omaha and WACHOVIA
DEVELOPMENT CORPORATION,a North Carolina Corporation,as recommended by the Mayor,
providing for the Watershed Management fees, Interceptor Sewer fees, Parks fees, and sewer
connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be
known as First National Business Park Replat 3 and is located Northeast of 144th Street and FNB
Parkway.
P:\rah\1064rah.doc APPROVED AS'TO FORM:
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CITY ATTORNEY DATE
By %.
Councilme •
Adopted FE .2..6.201.3..... *.()
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Approved
ce ::pilWMayor
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.
NO. . ...
Resolution By
Res.that,the Subdivision Agreement between
the City of Omaha and WACHOVIA
DEVELOPMENT CORPORATION,a North
Carolina Corporation.as recommended by the
Mayor, providing for the Watershed
Management fees, Interceptor Sewer fees,
Parks fees, and sewer connection to the
Omaha Sanitary Sewer System, is hereby
approved. The Subdivision is to be known as
First National Business Park Replat 3 and is
located Northeast of 144th Street and FNB
Parkway.
P:\rah\1064rah.doc
I
Presented to City Council
FEB 2 6 2013
Adopted I
City Clerk