RES 2012-1045 - Subdivision agmt, Pacific Pointe Estates Replat Three 40141.11A,n4,8
`� , 's , IA/ _' Public Works Department
;. �► Omaha/Douglas Civic Center
® , August 14, 2012 p _ ' i 1: 5 L 1819 Farnam Street,Suite 601
o �'�� t Omaha,Nebraska 68183-0601
oq' r4~ry �, (402)444-5220
rFD FED € i\ t - . ` Fax(402)444-5248
City of Omaha .$ Y Robert G.Stubbe,P.E.
Jim Suttle,Mayor Public Works Director
Honorable President
and Members of the City Council,
The attached Resolution approves the Subdivision Agreement between F. William Karrer and
Beverly A. Karrer, and the City of Omaha. This Subdivision Agreement covers the public
improvement of Pacific Pointe Estates Replat Three (Lots 1 and 2),a subdivision located North of
194th Avenue and Walnut Circle.
The Agreement provides for the payment of Watershed Management fees of$1,500.00,to be paid by
the Subdivider with the building permit.
The Agreement provides for the payment of Interceptor Sewer fees of$1,100.00,to be paid by the
Subdivider with the building permit.
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,$1,173.00,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 c.. formance witlisthe Master Plan.
11.,`Z`R ert Stubbe, P. . Date e. .E. Cunni►:h am, F.SAME Date
Public Works Director Planning Direct.;
Approved as to Funding: Re e o City cil fo onsideration:
-- -/2- 7 a (2 -/L
Pam Spaccarotella Date Mayor's Offi Date
Finance Director
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ease, B. Client agrees to pay BMCD pursuant to BMCD's then current
defend, indemnify and hold harmless BMCD and its officers,directors, schedule of hourly labor billing rates for time spent by any employee of
employees, agents, consultants and subcontractors from all liability, BMCD responding to any subpoena by any party in any dispute as an
claims, demands, damages, losses, and expenses, including, but not occurrence witness or to assemble and produce documents resulting
limited to, claims of Client and other persons and organizations, from BMCD's services under this Agreement.
reasonable fees and expenses of attorneys and consultants,and court 17. CONTROLLING LAW AND VENUE
costs, except where there has been a final adjudication that the
damages were caused by BMCD's willful disregard of its obligations This Agreement shall be subject to,interpreted and enforced according
under this Agreement. Such indemnification indudes claims arising to the laws of the State of Missouri without regard to any conflicts of
out of or in any way relating to the actual, alleged, or threatened law provisions. Parties agree to submit to the exclusive venue and
dispersal, escape, or release of, or failure to detect or contain jurisdiction of the 166i Judicial Circuit Court of Jackson County
chemicals, wastes, liquids, gases or any other material, irritant, Missouri, or the United States District Court, Western District of
contaminant or pollutant. Missouri.
12.ON-SITE SERVICES 18.RIGHTS AND BENEFITS—NO ASSIGNMENT •
A. Project site visits by BMCD during investigation, observation, BMCD's services will be performed solely for the benefit of Client and
construction or equipment installation, or the furnishing of Project not for the benefit of any other persons or entities. Neither Client nor
representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the
means, methods, techniques, sequences or procedures; for written consent of the other. . •
construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT
contractor(s')failure to perform its work in accordance with the contract
documents. These Terms and Conditions and the above-referenced Letter,
B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD
or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All
on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises
BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are
identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not
and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination,plus reasonable
costs incurred by BMCD in terminating the services.In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
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ACTING May
tle President
Title
•
SUBDIVISION AGREEMENT
PACIFIC POINTE ESTATES REPLAT THREE
LOTS 1 AND 2
This Subdivision Agreement, made this Lt. ) day of Su^.1 , 20 i t by
and between F. William Karrer and Beverly A. Karrer (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 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. Attached hereto as Exhibit "B" and incorporated herein by reference
are plats showing the public improvements to be installed on the property, i.e. storm sewer,
sanitary sewer, and paving of public streets (hereinafter referred to as "IMPROVEMENTS").
All improvements must receive the approval of the Public Works Department of the City
prior to construction.
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 within four months from the date
of this Agreement.
3. Installation of improvements. The Subdivider agrees to commence the timely and orderly
installation of the improvement following execution of this Agreement, pursuant to Section
53-9 of the Omaha Municipal Code.
4. Payment for improvements. The Subdivider shall pay 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.
Rev. 4/30/2012
to BMCD's then current
defend, indemnify and hold harmless BMCD and its officers,directors, schedule of hourly labor billing rates for time spent by any employee of
employees, agents, consultants and subcontractors from all liability, BMCD responding to any subpoena by any party in any dispute as an
claims, demands, damages, losses, and expenses, including, but not occurrence witness or to assemble and produce documents resulting
limited to, claims of Client and other persons and organizations, from BMCD's services under this Agreement.
reasonable fees and expenses of attorneys and consultants,and court 17. CONTROLLING LAW AND VENUE
costs, except where there has been a final adjudication that the
damages were caused by BMCD's willful disregard of its obligations This Agreement shall be subject to,interpreted and enforced according
under this Agreement. Such indemnification indudes claims arising to the laws of the State of Missouri without regard to any conflicts of
out of or in any way relating to the actual, alleged, or threatened law provisions. Parties agree to submit to the exclusive venue and
dispersal, escape, or release of, or failure to detect or contain jurisdiction of the 166i Judicial Circuit Court of Jackson County
chemicals, wastes, liquids, gases or any other material, irritant, Missouri, or the United States District Court, Western District of
contaminant or pollutant. Missouri.
12.ON-SITE SERVICES 18.RIGHTS AND BENEFITS—NO ASSIGNMENT •
A. Project site visits by BMCD during investigation, observation, BMCD's services will be performed solely for the benefit of Client and
construction or equipment installation, or the furnishing of Project not for the benefit of any other persons or entities. Neither Client nor
representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the
means, methods, techniques, sequences or procedures; for written consent of the other. . •
construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT
contractor(s')failure to perform its work in accordance with the contract
documents. These Terms and Conditions and the above-referenced Letter,
B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD
or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All
on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises
BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are
identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not
and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination,plus reasonable
costs incurred by BMCD in terminating the services.In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
5. Sidewalks. The Subdivider shall cause sidewalks along both sides of all public streets within
the area to be developed to be constructed according to the following schedule:
a. Sidewalks shall be constructed immediately abutting undeveloped lots on either side of
any block or cul-de-sac (i.e. circle) as soon as the lots comprising 65% of the abutting
footage on such side have been developed. A lot shall be developed for the purpose of
this section when a dwelling has been constructed on the lot.
b. Sidewalks shall be constructed immediately abutting developed lots as soon after
development as weather shall permit.
c. In any event, all sidewalks shall be constructed upon both sides of all public streets within
the property within three years of the recording of the subdivision plat.
6. 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.
7. 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. Payment shall be
based on the current fee adopted by the Omaha City Council and is currently as follows:
Lot 1 - Single Family Residential, 1 Unit @ $1,100.00 $1,100.00
Lot 2-Previously paid per Pacific Pointe Estates
Subdivision Agreement $0.00
TOTAL: $1,100.00
8. 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:
Lot 1, Single Family Residential, 1 Unit @ $750.00 $750.00
Lot 2, Single Family Residential, 1 Unit @ $750.00 $750.00
TOTAL: $1,500.00
9. Park Fees. The owner of each lot shall make payment to the City of Omaha for Park Fees as
provided herein.
Rev. 4/30/2012
MCD and its officers,directors, schedule of hourly labor billing rates for time spent by any employee of
employees, agents, consultants and subcontractors from all liability, BMCD responding to any subpoena by any party in any dispute as an
claims, demands, damages, losses, and expenses, including, but not occurrence witness or to assemble and produce documents resulting
limited to, claims of Client and other persons and organizations, from BMCD's services under this Agreement.
reasonable fees and expenses of attorneys and consultants,and court 17. CONTROLLING LAW AND VENUE
costs, except where there has been a final adjudication that the
damages were caused by BMCD's willful disregard of its obligations This Agreement shall be subject to,interpreted and enforced according
under this Agreement. Such indemnification indudes claims arising to the laws of the State of Missouri without regard to any conflicts of
out of or in any way relating to the actual, alleged, or threatened law provisions. Parties agree to submit to the exclusive venue and
dispersal, escape, or release of, or failure to detect or contain jurisdiction of the 166i Judicial Circuit Court of Jackson County
chemicals, wastes, liquids, gases or any other material, irritant, Missouri, or the United States District Court, Western District of
contaminant or pollutant. Missouri.
12.ON-SITE SERVICES 18.RIGHTS AND BENEFITS—NO ASSIGNMENT •
A. Project site visits by BMCD during investigation, observation, BMCD's services will be performed solely for the benefit of Client and
construction or equipment installation, or the furnishing of Project not for the benefit of any other persons or entities. Neither Client nor
representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the
means, methods, techniques, sequences or procedures; for written consent of the other. . •
construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT
contractor(s')failure to perform its work in accordance with the contract
documents. These Terms and Conditions and the above-referenced Letter,
B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD
or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All
on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises
BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are
identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not
and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination,plus reasonable
costs incurred by BMCD in terminating the services.In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
y
Trails/Boulevard Fee. There will be no platting fees for trails and boulevards. A Trail and
Boulevard Fee may be assessed for a lot at the time a building permit is issued for said lot,
and said fee shall not exceed 0.158 percent of the total value of all construction work for
which the permit is to be issued.
Community Parks. The Community Park (CP)Fee will be paid by the Subdivider at the time
of final platting. The CP Fee is calculated on a per-acre basis as follows:
Lot 1, Residential, 1.41 Acres @ $450.00 per acre $634.50
Lot 2, Residential, 2.53 Acres @ $450.00 per acre $1,138.50
TOTAL: $1,173.00
The remaining portion of the Community Park Fee may be assessed for a lot at the time a
building permit is issued for said lot, and said fee will not exceed 0.06 percent of the total value
of all construction work for which the permit is to be issued.
10. Binding effect. The Subdivision Agreement shall be binding upon the parties, their
respective successors, and assigns.
ATTEST: CITY OF OMAHA
Efts*. ' ; /3 ' --
ITYCLERKOF THECITY OF OMAHA - MA 1. •
C
APPROVED AS TO FORM: DEVELOPER:
.4":"g-Th
subagree
Rev. 4/30/2012
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 - Single Family Residential, 1 Unit @ $1,100.00 $1,100.00
Lot 2-Previously paid per Pacific Pointe Estates
Subdivision Agreement $0.00
TOTAL: $1,100.00
8. 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:
Lot 1, Single Family Residential, 1 Unit @ $750.00 $750.00
Lot 2, Single Family Residential, 1 Unit @ $750.00 $750.00
TOTAL: $1,500.00
9. Park Fees. The owner of each lot shall make payment to the City of Omaha for Park Fees as
provided herein.
Rev. 4/30/2012
MCD and its officers,directors, schedule of hourly labor billing rates for time spent by any employee of
employees, agents, consultants and subcontractors from all liability, BMCD responding to any subpoena by any party in any dispute as an
claims, demands, damages, losses, and expenses, including, but not occurrence witness or to assemble and produce documents resulting
limited to, claims of Client and other persons and organizations, from BMCD's services under this Agreement.
reasonable fees and expenses of attorneys and consultants,and court 17. CONTROLLING LAW AND VENUE
costs, except where there has been a final adjudication that the
damages were caused by BMCD's willful disregard of its obligations This Agreement shall be subject to,interpreted and enforced according
under this Agreement. Such indemnification indudes claims arising to the laws of the State of Missouri without regard to any conflicts of
out of or in any way relating to the actual, alleged, or threatened law provisions. Parties agree to submit to the exclusive venue and
dispersal, escape, or release of, or failure to detect or contain jurisdiction of the 166i Judicial Circuit Court of Jackson County
chemicals, wastes, liquids, gases or any other material, irritant, Missouri, or the United States District Court, Western District of
contaminant or pollutant. Missouri.
12.ON-SITE SERVICES 18.RIGHTS AND BENEFITS—NO ASSIGNMENT •
A. Project site visits by BMCD during investigation, observation, BMCD's services will be performed solely for the benefit of Client and
construction or equipment installation, or the furnishing of Project not for the benefit of any other persons or entities. Neither Client nor
representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the
means, methods, techniques, sequences or procedures; for written consent of the other. . •
construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT
contractor(s')failure to perform its work in accordance with the contract
documents. These Terms and Conditions and the above-referenced Letter,
B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD
or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All
on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises
BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are
identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not
and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination,plus reasonable
costs incurred by BMCD in terminating the services.In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
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rn zo io
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1 N cA ro Oa,N ^ MN/$ ..` / T =1 g
1 1 WI r Olj /aUhp Sp, /� 400 I
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m w % J1 s . \`\' ---�0''60SL 8Ao• , iu.' \•fi��� ! Z '�f'� m`" -� u
i^m
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1 9dI
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- 1 °° �'�Lt,94.09N j' N w. z Ilbujw ' n wwi o a❑ 0
^pry �- �a.t9'SZC 3. r 1- w a 210
N v,c, m w ¢i i,i g o F
o a I� --�'- W,Z6SZ o O m?W z n o • M o Lww S
N i I Z .�ZWI=- 2.01,, < N \N-,9wW 3kow2 !
a I S>. ZQO N 'Z' E3UU �ZS t
o ° w'�I_fl goUj n N P�zla� ,„,Q0-{ E
�rnz �2 z�6rc�o¢ LT, dr,81- �d8wao 1
�00 0= N
p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN
o7N
3 r26 o ? cMI Z 1
� _ w EXHIBIT 'A'
nts, representations, promises
BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are
identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not
and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination,plus reasonable
costs incurred by BMCD in terminating the services.In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,F. William Karrer and Beverly A.Karrer propose to build a subdivision
to be known as Pacific Pointe Estates Replat Three (Lots 1 and 2), which will be located North of
194th Avenue and Walnut Circle; and,
WHEREAS, F. William Karrer and Beverly A. Karrer will build public and private
improvements in this subdivision; and,
WHEREAS F. William Karrer and Beverly A. Karrer wish to construct a sanitary
sewer system and connect said system to the Sanitary Sewer System of the City of Omaha; and,
WHEREAS, F. William Karrer and Beverly A. Karrer agree to pay Watershed
Management fees of$1,500.00, to be paid with the building permit; and,
WHEREAS,F. William Karrer and Beverly A.Karrer agree to pay Interceptor Sewer
fees of$1,100.00,to be paid with the building permit; and,
WHEREAS,F.William Karrer and Beverly A.Karrer agree 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, $1,173.00, is to be paid by the Subdivider at the time of
final platting, and the remaining half to be paid as building permits are issued; and,
WHEREAS, a Subdivision Agreement has been prepared setting forth all the
provisions mentioned above.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY ,
OF OMAHA:
By
Councilmember
Adopted
City Clerk
Approved
Mayor
3 ON "'w� h0 W3��`�' n'nWFE _0 Q 3¢ 4.rcwo re 0 ."�'w
cop Q r z0 b.., g,,,, gow,woo�0 ,,5 , O Zw Frown [wiz 0 -) 5 a 00
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w a N k 2
w z F
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(n w '>"c°0'w�o F'd�a NO'� E06a '�N Q�o g F 3d •yz�� W o a `^� t= S Wa 5�`-"
W a x erg41 w;off P0O:!li! !
4 W g o W�rW Y n '0 ? 6 Et W c y uw i?). u S v 2 O a wli
w 2 t, r �z r.,B ,,mg tv w- Q -v, t B. 0 O .' d-
o e'ao WEE L oo Oi�vS'Sv=i000���' °?m4 i5' F�36- Oj b L O is a0 no ).a
v N 020,4 07- Q�'a'0"x66:1:A4 i10 w �,0000 >130 EE > `00 > Dap 00i
O 4 mmmu rm'mw.5 m0 ,LRF0 202ma W gpz oS zviaw y0. g W a s g a I ;az
Ai a am L.,M!N a8 W �' 0rcz ... � V¢� , o-0,, a a. Li'
0 k' a `" o o Q
.:. as "�vozi�zo �0 Oxi�xiac0i_uE14ro �o d��r� V � Q _ u 8 d Ts-� a•' �� § a t',
v90m0.w0 .-Oz W
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rn zo io
I .521 g N g Q 43 0°/�4[ . ..94.15.99° . aaL 20['FG! z
1 N cA ro Oa,N ^ MN/$ ..` / T =1 g
1 1 WI r Olj /aUhp Sp, /� 400 I
of I , h° -Zw o0 '' C.OW �9A%N %z Imz w
,y o a ' N c> O '..t
rn I _9�g a i'd° rig o�
'ol'° ��and ..02Sf,B I a
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1 -NQ `\\
w < pNa �C M p0.8 •�00. _ gory lu
m w % J1 s . \`\' ---�0''60SL 8Ao• , iu.' \•fi��� ! Z '�f'� m`" -� u
i^m
o I .,<2. i 92[• Q 8, 92S1`.8 _``/2tico o
a N 'ET,,, i
s / N / , a o^
1 9dI
I /N� 0 g "000
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- 1 °° �'�Lt,94.09N j' N w. z Ilbujw ' n wwi o a❑ 0
^pry �- �a.t9'SZC 3. r 1- w a 210
N v,c, m w ¢i i,i g o F
o a I� --�'- W,Z6SZ o O m?W z n o • M o Lww S
N i I Z .�ZWI=- 2.01,, < N \N-,9wW 3kow2 !
a I S>. ZQO N 'Z' E3UU �ZS t
o ° w'�I_fl goUj n N P�zla� ,„,Q0-{ E
�rnz �2 z�6rc�o¢ LT, dr,81- �d8wao 1
�00 0= N
p S 3 1 V 1 S 3 3 1 N 1 O d 0 1 ! I O V d Q rczor� (� z 3 MIN
o7N
3 r26 o ? cMI Z 1
� _ w EXHIBIT 'A'
nts, representations, promises
BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are
identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not
and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to
compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become
BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or
contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document
of Client to facilitate administrative requirements of Client's operations.
13.CHANGES 20. SEVERABILITY
Client shall have the right to make changes within the general scope of
BMCD's services, with an appropriate change in compensation.and Any unenforceable provision herein shall be amended to the extent
schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted
change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect.
BMCD.
-END-
14.TERMINATION
Services may be terminated by Client or BMCD by seven (7) days'
written notice in the event of substantial failure to perform in
accordance with the terms hereof by the other party through no fault of
the terminating party. If so terminated, Client shall pay BMCD all
amounts due BMCD for all services properly rendered and expenses
incurred to the date of receipt of notice of termination,plus reasonable
costs incurred by BMCD in terminating the services.In addition,Client
may terminate the services for Client's convenience upon payment of
twenty percent of the yet unearned and unpaid estimated, lump sum,
or not-to-exceed fee,as applicable.
BMCD Consulting T&C KC Rev 0 051104.doc
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
•
PAGE -2-
i
g
THAT,the Subdivision Agreement between the City of Omaha and F.William Karrer
and Beverly A. Karrer, 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 Pacific Pointe Estates Replat Three(Lots 1
and 2) and is located North of 194th Avenue and Walnut Circle.
P:\rah\1004rah.doc APPR VED AS TO FORM:
CITY ATTORNEY DATE
aer7044 // „
By
Council ,er
Adopted G..1...4..2.0.12.. 7-D
06444
05AO
Approved.. .
1 Mayor
ACTING May
tle President
Title
•
. 52
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lat Three(Lots 1
and 2) and is located North of 194th Avenue and Walnut Circle.
P:\rah\1004rah.doc APPR VED AS TO FORM:
CITY ATTORNEY DATE
aer7044 // „
By
Council ,er
Adopted G..1...4..2.0.12.. 7-D
06444
05AO
Approved.. .
1 Mayor
ACTING May
tle President
Title
•