RES 2009-0876 - Subdivision agmt, Sugar's Place S
4. 41 � Public Works Department
` P. , R C , F; F. f" Omaha/Douglas Qvic Center
` , H�s 1819 Famam Street,Suite 601
•
' Omaha,Nebraska 68183-0601
August 1 1 , 200909 JUL (402)444-5220
Fax(402)444-5248
}�
1)f a d O M A H A, l S���9 f� Robert G.Stubbe,P.E.
City of Omaha �' €"t Public Works Director
Jim Suttle,Mayor
Honorable President
and Members of the City Council,
The attached Resolution approves the Subdivision Agreement between Marcella M. Gilbert and
the City of Omaha. This Subdivision Agreement covers the public improvement of Sugar's
Place (Lots 1 and 2), a subdivision located northwest of 156th&Ida Streets.
This Subdivision Agreement stipulates which improvements will be built by Marcella M.
Gilbert. The total cost of improvements will be paid by Marcella M. Gilbert.
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 ormance with the er Plan.
-e- 7- zo , � 7- -07
‘\1,0R ert G. Stubbe, P.E. Date E. Cunri gham,, R wF-SAME Date
Public Works Director 'Planning' irector
Approved as to Funding: Referred to City Council for Consideration:
etA•6--d-N_ kAl el.c1
lu 2667
Carol A. Ebdon Date M o s O 1 te
Finance Director
Approved:
aag_��
Parks, Recreation and
Public Property Department
P:\msp11141msp.doc
PPROVED AS TO FORM:
7 �3/ 09
SSI ANT CITY ATTORNEY AT
p:\LAW-COUNCIL D 0 CUMENTS\2009\20094v1j
By
Councilmember
Adopted..AU.G 1O 2009 /�-
i
- City Clerk
Appro d (17 FAO,
- Mayor
d portfolio of properties, including 1,014 conventional apartments, 1,866 HUD subsidized units;
1,008-bed off-campus dormitory. Provided maintenance support for approx. 1 million S/F of office and retail space.
Accomplishments: Implemented effective marketing strategies that resulted in a three-year average vacancy of
1.8% compared with a community average of 8.5%. Innovative marketing programs costing 0.48% of gross revenue
versus the Omaha average of 1.0 - 1.5%. Negotiated sale of the dormitory to the University of Iowa. Built a
competent staff of 125 employees with zero turnover of its full-time employees for 5 years; Created and
conducted in-house training programs on numerous management and self improvement marketing topics.
Awards:
Co-author of the Nebraska Residential Landlord/Tenant Act: Wrote an independent correspondence course, titled
Managing Real Estate For People that won the Distinguished Independent Study Course Award from NUCEA -
National University Continuing Education Association. HUD Fair Housing Achievement Award; IREM Manager of the
Year Award; Key to the City of Omaha; for outstanding public service including Chairman of the Omaha Civil Rights
Hearing Board; HUD Man of the Year Award; Recipient of the 1996 DRCOG - Denver Regional Council of
Governments; Innovations Award to spotlight the contribution of SWAT; Journal of Property Management Article of
the Year Award.
Publications:
Five Rules to Avoid Fair Housing Problems - Assisted Housing Management Insider; Meth Labs — A Potential
Threat to Property Managers: Nations Building News; Follow Six Fair Housing Rules When Making Sites Secure
After 9/11: Assisted Housing Management Insider; Interactive Video Helps Protect Rental Properties: Housing
Development Reporter; Keeper of the Keys: Apartment Owners News; What's In a Name? The Semantics of
Security. InFocus Magazine; Apartments: Bait for Litigation, NAHMA News, among others.
Education:
Graduated with honors from University of New Mexico - BS Business Administration, major — Business and
Marketing; Leadership Omaha; Civilian Police Academy, Aurora, CO; Certified Property Manager, CPM (retired) —
Institute of Real Estate Management; Certified First Responder—Clandestine Methamphetamine Labs; plus several
additional certifications and specialized training programs.
d fill vacancies in crime ridden apartment
communities.
SUBDIVISION AGREEMENT
•
SUGAR'S PLACE (.Lots}1 and 2)
This Subdivision Agreement, made this e,ti3 ' day of ����''"" , 2009 by
• and between MARCELLA M. GILBERT (hereinafter referred to as " UBBDNIDER"), and the
CITY OF OMAHA (hereinafter referred to as "CITY").
WHEREAS, Subdivider is the owner of the land included within the proposed plat
attached hereto as Exhibit "A", which parcel of land (hereinafter referred to as the "Area to be
Developed"); and,
WHEREAS, the Subdivider proposes to constructed private improvements in the area to
be developed; and,
WHEREAS, the Subdivider wishes to connect 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 private 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. There are no public improvements.
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.
3. Payment for Improvements. The Subdivider shall pay the cost of 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.
4. Sidewalks. Sidewalks along both sides of all public and private streets within the area to
be developed shall be constructed by the Subdivider according to the following
schedule:
(1) Contemporaneously with the construction of building on the site.
(2) Sidewalks shall be constructed immediately abutting developed lots as soon
after development as weather shall permit.
(3) In any event, all sidewalks shall be constructed upon both sides of public and
private streets within the property within three years of the recording of the
subdivision plat.
5. Right to Connect to City Sewer System. The City hereby acknowledges that it has given
of 1.0 - 1.5%. Negotiated sale of the dormitory to the University of Iowa. Built a
competent staff of 125 employees with zero turnover of its full-time employees for 5 years; Created and
conducted in-house training programs on numerous management and self improvement marketing topics.
Awards:
Co-author of the Nebraska Residential Landlord/Tenant Act: Wrote an independent correspondence course, titled
Managing Real Estate For People that won the Distinguished Independent Study Course Award from NUCEA -
National University Continuing Education Association. HUD Fair Housing Achievement Award; IREM Manager of the
Year Award; Key to the City of Omaha; for outstanding public service including Chairman of the Omaha Civil Rights
Hearing Board; HUD Man of the Year Award; Recipient of the 1996 DRCOG - Denver Regional Council of
Governments; Innovations Award to spotlight the contribution of SWAT; Journal of Property Management Article of
the Year Award.
Publications:
Five Rules to Avoid Fair Housing Problems - Assisted Housing Management Insider; Meth Labs — A Potential
Threat to Property Managers: Nations Building News; Follow Six Fair Housing Rules When Making Sites Secure
After 9/11: Assisted Housing Management Insider; Interactive Video Helps Protect Rental Properties: Housing
Development Reporter; Keeper of the Keys: Apartment Owners News; What's In a Name? The Semantics of
Security. InFocus Magazine; Apartments: Bait for Litigation, NAHMA News, among others.
Education:
Graduated with honors from University of New Mexico - BS Business Administration, major — Business and
Marketing; Leadership Omaha; Civilian Police Academy, Aurora, CO; Certified Property Manager, CPM (retired) —
Institute of Real Estate Management; Certified First Responder—Clandestine Methamphetamine Labs; plus several
additional certifications and specialized training programs.
d fill vacancies in crime ridden apartment
communities.
the Subdivider the right to connect the sanitary sewer service lines within the property to
the City sanitary sewer system, subject to obtaining proper permits and paying the
regular fees.
6. The current access to Lot 1 from Ida Street will be closed upon change of use or further
zoning and/or subdivision request.
7. Right Turn Lane. Subdivider will install a right turn lane for the access to Lot 2 as part of
the driveway construction. Right turn lane will be PC Concrete with a minimum
thickness of 7" and will be constructed to City of Omaha specifications.
8. Interceptor Sewer Fee. Lot 1 will pay interceptor sewer fees at the time of connection to
the City of Omaha sewer lines. Lot 2 will pay interceptor sewer fees at the time of
building permit.
9. Landscape Buffer. The Subdivider agrees to install landscaping in excess of city code
within the thirty (30) foot landscape buffer area along the north and west lot line of Lot 2
Sugar's Place and has agreed to enter into a private landscape agreement with said
landowners.
10. Binding Effect. This Subdivision Agreement shall be binding upon the parties, their
respective successors and assigns.
[Remainder of Page Intentionally Left Blank]
maha 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.
3. Payment for Improvements. The Subdivider shall pay the cost of 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.
4. Sidewalks. Sidewalks along both sides of all public and private streets within the area to
be developed shall be constructed by the Subdivider according to the following
schedule:
(1) Contemporaneously with the construction of building on the site.
(2) Sidewalks shall be constructed immediately abutting developed lots as soon
after development as weather shall permit.
(3) In any event, all sidewalks shall be constructed upon both sides of public and
private streets within the property within three years of the recording of the
subdivision plat.
5. Right to Connect to City Sewer System. The City hereby acknowledges that it has given
of 1.0 - 1.5%. Negotiated sale of the dormitory to the University of Iowa. Built a
competent staff of 125 employees with zero turnover of its full-time employees for 5 years; Created and
conducted in-house training programs on numerous management and self improvement marketing topics.
Awards:
Co-author of the Nebraska Residential Landlord/Tenant Act: Wrote an independent correspondence course, titled
Managing Real Estate For People that won the Distinguished Independent Study Course Award from NUCEA -
National University Continuing Education Association. HUD Fair Housing Achievement Award; IREM Manager of the
Year Award; Key to the City of Omaha; for outstanding public service including Chairman of the Omaha Civil Rights
Hearing Board; HUD Man of the Year Award; Recipient of the 1996 DRCOG - Denver Regional Council of
Governments; Innovations Award to spotlight the contribution of SWAT; Journal of Property Management Article of
the Year Award.
Publications:
Five Rules to Avoid Fair Housing Problems - Assisted Housing Management Insider; Meth Labs — A Potential
Threat to Property Managers: Nations Building News; Follow Six Fair Housing Rules When Making Sites Secure
After 9/11: Assisted Housing Management Insider; Interactive Video Helps Protect Rental Properties: Housing
Development Reporter; Keeper of the Keys: Apartment Owners News; What's In a Name? The Semantics of
Security. InFocus Magazine; Apartments: Bait for Litigation, NAHMA News, among others.
Education:
Graduated with honors from University of New Mexico - BS Business Administration, major — Business and
Marketing; Leadership Omaha; Civilian Police Academy, Aurora, CO; Certified Property Manager, CPM (retired) —
Institute of Real Estate Management; Certified First Responder—Clandestine Methamphetamine Labs; plus several
additional certifications and specialized training programs.
d fill vacancies in crime ridden apartment
communities.
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 ! OMAHA
/.09 . a „or- l �
CITY CLERK Date MAC,,
Date
/SUBDIVI ER
BY: //;/0 9 j
MARCELLA M. GILBERT Date
APPROVED AS TO FORM
: 1-r'
ITY ATTORNEY DATE
STATE OF NEBRASKA )
)SS
COUNTY OF DOUGLAS )
On this A day of , 2009, before me, a Notary Public in and for said
County and State, per nally appeared Marcella M. Gilbert who executed the above and
foregoing easement ac nowledged the execution thereof to be her voluntary act and deed as
said owner j
NOTARYRJVCv
My Commission expires e,7,1::, ,„.:, a
JAN A.FORD
— � ' • My Comm.6cp.May 1,2013
he north and west lot line of Lot 2
Sugar's Place and has agreed to enter into a private landscape agreement with said
landowners.
10. Binding Effect. This Subdivision Agreement shall be binding upon the parties, their
respective successors and assigns.
[Remainder of Page Intentionally Left Blank]
maha 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.
3. Payment for Improvements. The Subdivider shall pay the cost of 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.
4. Sidewalks. Sidewalks along both sides of all public and private streets within the area to
be developed shall be constructed by the Subdivider according to the following
schedule:
(1) Contemporaneously with the construction of building on the site.
(2) Sidewalks shall be constructed immediately abutting developed lots as soon
after development as weather shall permit.
(3) In any event, all sidewalks shall be constructed upon both sides of public and
private streets within the property within three years of the recording of the
subdivision plat.
5. Right to Connect to City Sewer System. The City hereby acknowledges that it has given
of 1.0 - 1.5%. Negotiated sale of the dormitory to the University of Iowa. Built a
competent staff of 125 employees with zero turnover of its full-time employees for 5 years; Created and
conducted in-house training programs on numerous management and self improvement marketing topics.
Awards:
Co-author of the Nebraska Residential Landlord/Tenant Act: Wrote an independent correspondence course, titled
Managing Real Estate For People that won the Distinguished Independent Study Course Award from NUCEA -
National University Continuing Education Association. HUD Fair Housing Achievement Award; IREM Manager of the
Year Award; Key to the City of Omaha; for outstanding public service including Chairman of the Omaha Civil Rights
Hearing Board; HUD Man of the Year Award; Recipient of the 1996 DRCOG - Denver Regional Council of
Governments; Innovations Award to spotlight the contribution of SWAT; Journal of Property Management Article of
the Year Award.
Publications:
Five Rules to Avoid Fair Housing Problems - Assisted Housing Management Insider; Meth Labs — A Potential
Threat to Property Managers: Nations Building News; Follow Six Fair Housing Rules When Making Sites Secure
After 9/11: Assisted Housing Management Insider; Interactive Video Helps Protect Rental Properties: Housing
Development Reporter; Keeper of the Keys: Apartment Owners News; What's In a Name? The Semantics of
Security. InFocus Magazine; Apartments: Bait for Litigation, NAHMA News, among others.
Education:
Graduated with honors from University of New Mexico - BS Business Administration, major — Business and
Marketing; Leadership Omaha; Civilian Police Academy, Aurora, CO; Certified Property Manager, CPM (retired) —
Institute of Real Estate Management; Certified First Responder—Clandestine Methamphetamine Labs; plus several
additional certifications and specialized training programs.
d fill vacancies in crime ridden apartment
communities.
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blic Power District for underground electrical service or
overhead power installations.
4. Sidewalks. Sidewalks along both sides of all public and private streets within the area to
be developed shall be constructed by the Subdivider according to the following
schedule:
(1) Contemporaneously with the construction of building on the site.
(2) Sidewalks shall be constructed immediately abutting developed lots as soon
after development as weather shall permit.
(3) In any event, all sidewalks shall be constructed upon both sides of public and
private streets within the property within three years of the recording of the
subdivision plat.
5. Right to Connect to City Sewer System. The City hereby acknowledges that it has given
of 1.0 - 1.5%. Negotiated sale of the dormitory to the University of Iowa. Built a
competent staff of 125 employees with zero turnover of its full-time employees for 5 years; Created and
conducted in-house training programs on numerous management and self improvement marketing topics.
Awards:
Co-author of the Nebraska Residential Landlord/Tenant Act: Wrote an independent correspondence course, titled
Managing Real Estate For People that won the Distinguished Independent Study Course Award from NUCEA -
National University Continuing Education Association. HUD Fair Housing Achievement Award; IREM Manager of the
Year Award; Key to the City of Omaha; for outstanding public service including Chairman of the Omaha Civil Rights
Hearing Board; HUD Man of the Year Award; Recipient of the 1996 DRCOG - Denver Regional Council of
Governments; Innovations Award to spotlight the contribution of SWAT; Journal of Property Management Article of
the Year Award.
Publications:
Five Rules to Avoid Fair Housing Problems - Assisted Housing Management Insider; Meth Labs — A Potential
Threat to Property Managers: Nations Building News; Follow Six Fair Housing Rules When Making Sites Secure
After 9/11: Assisted Housing Management Insider; Interactive Video Helps Protect Rental Properties: Housing
Development Reporter; Keeper of the Keys: Apartment Owners News; What's In a Name? The Semantics of
Security. InFocus Magazine; Apartments: Bait for Litigation, NAHMA News, among others.
Education:
Graduated with honors from University of New Mexico - BS Business Administration, major — Business and
Marketing; Leadership Omaha; Civilian Police Academy, Aurora, CO; Certified Property Manager, CPM (retired) —
Institute of Real Estate Management; Certified First Responder—Clandestine Methamphetamine Labs; plus several
additional certifications and specialized training programs.
d fill vacancies in crime ridden apartment
communities.
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Marcella M. Gilbert proposes to build a subdivision to be known as
Sugar's Place (Lots 1 and 2) which will be located northwest of 156th &Ida Streets; and,
WHEREAS, Marcella M. Gilbert will build public and private improvements in this
subdivision; and,
WHEREAS, Marcella M. Gilbert wishes to construct a sanitary sewer system and
connect said system to the Sanitary Sewer System of the City of Omaha; and,
WHEREAS,the parties wish to agree upon the manner and the extent to which public
funds may be expended in connection with public improvements to be constructed within the area to
be developed or serving the area to be developed and the extent to which the contemplated public
improvements specifically benefit property in the area to be developed and to what extent the cost of
the same shall be specially assessed; 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 Marcella M.
Gilbert, as recommended by the Mayor,providing for the public improvements and sewer connection
to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Sugar's
Place (Lots 1 and 2) and is located northwest of 156th &Ida Streets.
P:\msp\1142msp.doc APPROVED AS TO FORM:
CITY ATTORNEY DATE
By 044---pg44,44444,
/ Councilmember
Adopted AUG 2 5 2009
Ci Clerk 07/61Approved... .
• Mayor
r
overhead power installations.
4. Sidewalks. Sidewalks along both sides of all public and private streets within the area to
be developed shall be constructed by the Subdivider according to the following
schedule:
(1) Contemporaneously with the construction of building on the site.
(2) Sidewalks shall be constructed immediately abutting developed lots as soon
after development as weather shall permit.
(3) In any event, all sidewalks shall be constructed upon both sides of public and
private streets within the property within three years of the recording of the
subdivision plat.
5. Right to Connect to City Sewer System. The City hereby acknowledges that it has given
of 1.0 - 1.5%. Negotiated sale of the dormitory to the University of Iowa. Built a
competent staff of 125 employees with zero turnover of its full-time employees for 5 years; Created and
conducted in-house training programs on numerous management and self improvement marketing topics.
Awards:
Co-author of the Nebraska Residential Landlord/Tenant Act: Wrote an independent correspondence course, titled
Managing Real Estate For People that won the Distinguished Independent Study Course Award from NUCEA -
National University Continuing Education Association. HUD Fair Housing Achievement Award; IREM Manager of the
Year Award; Key to the City of Omaha; for outstanding public service including Chairman of the Omaha Civil Rights
Hearing Board; HUD Man of the Year Award; Recipient of the 1996 DRCOG - Denver Regional Council of
Governments; Innovations Award to spotlight the contribution of SWAT; Journal of Property Management Article of
the Year Award.
Publications:
Five Rules to Avoid Fair Housing Problems - Assisted Housing Management Insider; Meth Labs — A Potential
Threat to Property Managers: Nations Building News; Follow Six Fair Housing Rules When Making Sites Secure
After 9/11: Assisted Housing Management Insider; Interactive Video Helps Protect Rental Properties: Housing
Development Reporter; Keeper of the Keys: Apartment Owners News; What's In a Name? The Semantics of
Security. InFocus Magazine; Apartments: Bait for Litigation, NAHMA News, among others.
Education:
Graduated with honors from University of New Mexico - BS Business Administration, major — Business and
Marketing; Leadership Omaha; Civilian Police Academy, Aurora, CO; Certified Property Manager, CPM (retired) —
Institute of Real Estate Management; Certified First Responder—Clandestine Methamphetamine Labs; plus several
additional certifications and specialized training programs.
d fill vacancies in crime ridden apartment
communities.
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