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RES 2007-0170 - Amendment to subdivision agmt, West Bay Springs Replat Three 0TAIAHA,qz, ,-�_-,.... .or � R E c E I v E o Public Works Department u ►-��+�r r'r �i Omaha/Douglas Civic Center ... ����fC�3 t� N ® + � 1 � • 07 JAN 26 P11 1 5 i 1819 Farnam Street,Suite 601 D��, ..ti February 6, 2007 U i Omaha,Nebraska 68183 0601 0 4� ,, ,, (402)444-5220 R�TFD FESR � Fax(402)444-5248 City of Omaha �1'�1 A i A, �'�E S % l i Robert G.Stubbe,P.E. Mike Fahey,Mayor Public Works Director Honorable President and Members of the City Council, The attached Resolution approves the Amendment to the Subdivision Agreement among West Bay Springs LLC Sanitary and Improvement District(S.&I.D.)485 ofDouglas County,Nebraska and the City of Omaha. This Subdivision Agreement covers the public improvement of West Bay Springs Replat Three (Lots 1-11), a subdivision located Northeast of 188th and Atlas Streets. The Subdivision Agreement Amendment covers the change in interceptor sewer fees due by S.&I.D. 485. 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 with the Master Plan. //-°7 S. ....----/k..- . �► t • 11 .01 ert Stubbe, P.E. Date )Steven N. Jens- , A ' P Date Public Works Director Planning Direc c. Approved as to Funding: Ref to City Council for Consideration: C a i\11.4I6Th ...._ /— 2 z --p ' Carol A. Ebdon Date Mayor's Office Date Finance Director '1,n Approved: ----?(;_ °--- 134107 Steve Scarp o, Director Date Parks, Recreation and Public Property Department P:\PW 1\14992pjm.doc 20 0 7 qy O, tri-A Total;•.StsT ATf OF NEB is in d o ouglas County, State of Nebraska QI !Q Qs h 3� Nh'ggo"= F • • src ?.E • [iiI 9,n.a..,..s\Wn..d\....,,\:iio'oo-00%:<iao.o\S Wig m :$$ � �M� o No.. "� AAA s Q x •3 y �s6 s8 Fly.z.12.9 M s s s�'g a ip0 • ii1 8 R 5 s' �.Q4 Fdg qc P 4 g ne 4ao9cp-s8- s'• Y Y ' g 4 gY v• > ..w. AS SHOWN n - '- 2 THOMPSON,OREESSEN&DORNER,INC. IRVINGTON CROSSING -.. 10-6-2006 -- I w Co836O smutting U ROAD CH a EB ASKAWUSurfoye R J o IO6J60U)HILL ROAD OIWI.\NEHRA.KA E6151 ..s..w 0 0 X v..o..e.wxiro _� roa..aa\mmco.. PRELIMINARY PLAT PEOCOR COMPANIES ^� �4K ion of Provisions: The contractor will include the provisions of paragraph(1) through(6)in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations,order,or instructions issued pursuant thereto.The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however,that,in the event a contractor becomes involved in, or is threatened with,litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State,and in addition,the contractor may request the United States to enter into such litigation to protect the interests of the United States. EXHIBIT"B" compete for subcontract work under this contract. C. Contracts executed in connection with the performance of this contract in excess of $2,500 must comply with the applicable regulations and standards of the Cost of Living Council in establishing wages and prices. -4- AMENDMENT TO SUBDIVISION AGREEMENT WEST BAY SPRINGS REPLAT THREE/(LOTS 1 thru 11) THIS AMENDMENT, made and entered into this day of_P-e 1'U , 2 7 , by and between WEST BAY SPRINGS, LLC, (hereinafter referred to as "Su divider"), and SANITARY AND IMPROVEMENT DISTRICT NO. 485 of DOUGLAS COUNTY, NEBRASKA, (hereinafter refered to as "SID"), and the CITY OF OMAHA, a Municipal Corporation in the State of Nebraska (hereinafter referred to as "City"). WITNESSETH WHEREAS, Subdivider is the owner of the land included with 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, but within the City's zoning and platting jurisdiction; and, WHEREAS, the area to be developed is a replat of Lots 43 thru 45 inclusive, and also Lot 58, West Bay Springs; and also Lot 1,West Bay Springs Replat One; and also Lots 1 thru 10 inclusive, West Bay Springs Replat Two, platted and recorded subdivisions in Douglas County, Nebraska for which the Subdivider, the City, and the SID, have previously entered into a Subdivision Agreement (hereinafter referred to as the "Agreement"), adopted by the City Council of the City on May 13, 2003, setting forth certain conditions; and WHEREAS, Exhibit "A" entitled "Final Plat", (Exhibit "A" of the Agreement is hereby revised as shown per said Exhibit "A" of this Amendment attached hereto), and WHEREAS, additional improvements are not required to be constructed. WHEREAS, all provisions of the original Agreement are valid and shall remain in effect except the following paragraphs which are revised as follows: Section IX, Paragraph A. The Subdivision Agreement is amended to provide for a reallocation 9 on a pro rata basis in the interceptor sewer fees paid by the SID, computed as follows: AREAS OF REPLAT: Lots 1 — 11 inclusive, West Bay Springs Replat Three Lots 1-11 inclusive R4 Single family lots, 11 lots @ $947.00 $10,417.00 TOTAL REPLAT AMOUNT $10,417.00 PREVIOUSLY PAID: Lots 43-45 inclusive, and Lot 58, West Bay Springs, 4 lots @ $947.00 $3,788.00 Lot 1, West Bay Springs Replat One, $947.00 Lots 1-10 inclusive, West Bay Springs Replat Two 10 lots @ 947.00 $9470.00 TOTAL AMOUNT PAID $14,205.00 TOTAL REFUND DUE $3788.00 1 s' �.Q4 Fdg qc P 4 g ne 4ao9cp-s8- s'• Y Y ' g 4 gY v• > ..w. AS SHOWN n - '- 2 THOMPSON,OREESSEN&DORNER,INC. IRVINGTON CROSSING -.. 10-6-2006 -- I w Co836O smutting U ROAD CH a EB ASKAWUSurfoye R J o IO6J60U)HILL ROAD OIWI.\NEHRA.KA E6151 ..s..w 0 0 X v..o..e.wxiro _� roa..aa\mmco.. PRELIMINARY PLAT PEOCOR COMPANIES ^� �4K ion of Provisions: The contractor will include the provisions of paragraph(1) through(6)in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations,order,or instructions issued pursuant thereto.The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however,that,in the event a contractor becomes involved in, or is threatened with,litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State,and in addition,the contractor may request the United States to enter into such litigation to protect the interests of the United States. EXHIBIT"B" compete for subcontract work under this contract. C. Contracts executed in connection with the performance of this contract in excess of $2,500 must comply with the applicable regulations and standards of the Cost of Living Council in establishing wages and prices. -4- { • This Amendment to the Subdivision Agreement shall be binding upon the parties, their respective successors and assigns and shall run with the land as shown on Exhibit "A". 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: _ . .f CITY OF OMAHA /• "ti 4 ` AWir44. °2lee7 I - CLER DATE MAYOR DATE ATTEST: SANITARY AND IMPROVEMENT DISTRICT NO. 485 OF DOUGLAS COUNTY,NEBRASKA CLE K DATE CHAT A DATE WEST BAY SPRINGS HOMEOWNERS ASSOCIATION WEST BAY SPRINGS, LLC ed 'Ai' e/3010‘ 4-4 By: Timothy W Youn• . ..rator DATE By: Timo W. un /4'Y Managing embe APPROVED AS TO FORM .X. i— 447 T ITY ATTORNEY DATE STATC OF NEBRASKA ) )SS COUNTY OF DOUGLAS ) On this 30 day of , 2006, before me, a Notary Public in and for said County and State, personally appeared Timothy W. Young, managing member of WEST BAY SPRINGS, LLC, who is personally known by me to be the identical person whose name is affixed to this Subdivision Agreement, and acknowledged the execution thereof to be his voluntary act and deed as such officer of said LLC. Itikk.C9C,‘- K. kA),,,,c_. . ..--tz- - 04§;°. NOTARY PUBLIC My Commision Expires A GENERAL NOTARY-State of Nebraska 181, LINDA K.RUMA ek—i.V.Ze My Comm.Exp.Dec.8,2009 2 emain in effect except the following paragraphs which are revised as follows: Section IX, Paragraph A. The Subdivision Agreement is amended to provide for a reallocation 9 on a pro rata basis in the interceptor sewer fees paid by the SID, computed as follows: AREAS OF REPLAT: Lots 1 — 11 inclusive, West Bay Springs Replat Three Lots 1-11 inclusive R4 Single family lots, 11 lots @ $947.00 $10,417.00 TOTAL REPLAT AMOUNT $10,417.00 PREVIOUSLY PAID: Lots 43-45 inclusive, and Lot 58, West Bay Springs, 4 lots @ $947.00 $3,788.00 Lot 1, West Bay Springs Replat One, $947.00 Lots 1-10 inclusive, West Bay Springs Replat Two 10 lots @ 947.00 $9470.00 TOTAL AMOUNT PAID $14,205.00 TOTAL REFUND DUE $3788.00 1 s' �.Q4 Fdg qc P 4 g ne 4ao9cp-s8- s'• Y Y ' g 4 gY v• > ..w. AS SHOWN n - '- 2 THOMPSON,OREESSEN&DORNER,INC. IRVINGTON CROSSING -.. 10-6-2006 -- I w Co836O smutting U ROAD CH a EB ASKAWUSurfoye R J o IO6J60U)HILL ROAD OIWI.\NEHRA.KA E6151 ..s..w 0 0 X v..o..e.wxiro _� roa..aa\mmco.. PRELIMINARY PLAT PEOCOR COMPANIES ^� �4K ion of Provisions: The contractor will include the provisions of paragraph(1) through(6)in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations,order,or instructions issued pursuant thereto.The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however,that,in the event a contractor becomes involved in, or is threatened with,litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State,and in addition,the contractor may request the United States to enter into such litigation to protect the interests of the United States. EXHIBIT"B" compete for subcontract work under this contract. C. Contracts executed in connection with the performance of this contract in excess of $2,500 must comply with the applicable regulations and standards of the Cost of Living Council in establishing wages and prices. -4- g �1E- Z Cl) W lo, i I g $§ bB - cc W dd P O i ggpE t -s g 00/ gi z co CC O -�Y za22LL Hi g /^EL, IIIdIIIII!tiI4 3�, V1N O �G gg8$vim- 4.2 • 'I I- Z J ,. °8 gi FE 2;,2 EA a- �n > m O' Z8 g oEcE DF SEE hlliOr p op (, 0<hi,58� WUg� 6x rEo =o'Eeu!$,. g e-..§. • O al Fif Z s Z ZOO 5<Z w J o n.1 b o=g g g m 5m b m m i� (� p•"• ¢ �p� n92a.e Sm mmn ` g r w 20 Cry— Z(ALL 2. m u= c 8i •m,c 2 EWE c P 6 ell ppNt=An I$d Si!''naE 4. ao Z� U"LL¢� tL°Cgs`te8e8EII t J Z V O O w o g. e ffi`s 5 1 C E 2 1 m E o � 4Z ?�eo��w.E m ��$ g sA% LI 0o 0 , 8 E m 4 9Fli pp ZOgFI iyW cE§E E$uy�2- `m gT - . CON e0¢w, �rc "e mvES e"4g • 2 3c.� w �� Ov2c'-iz�z v�" 'm'9`g oE# IA z ^ �05 S J2uwioz� "n€ Q s �m 88 2 0 gt. `J� Op Hact S g-'fg Ls-EI-E IE'2'S i T o2 ��Qp m �V� £ �0}� a E��n E. vu�'g°u O m 5 5 Z s W 2 s 0 A- () Q = m yy m ~ Y m -- a LL—Z m O S y m m-E 4 °3 0'A o E r r 9 r R �wN.Z o ,` el B E$b2 A3 =ms ; wi g' a u oAil z ¢ _ a co 5rs o wo-2 p —m U) r U¢U Gg E V/ m�p Z-'¢ CF''�'2 5. W s =g ' w W =m 3gg E.i;S 4 .t CC 2 r3 =€2s�s . F- 8 8 sr sW R ! z Zd s CN 2,1 •� 2,. i- i / S m a h� m c NT CO cN t-+-W / 9-§ s - w 'c J33US L ci , / c„k .€wsaJf ?� c'' phi Tr . o \ /,•- .,,��� g'. w r t�`a 3 rc $a d�aE a \/ / \ \ S, sn-3g5„ w U \ CI / ` ' �> \ ,0 pg\\� \ u o � =a �Ns �4o / w \ , i $v e / , § al41 g L8 Q I 2R\ Pi i i /g °� \ �, R Ri io'?f� Nam- / 1 —�� '�'w Ii !" -_/ z .i p/ ni \/ p i -c I d ate`—— s $ � w z Z \ 4� �V - INS/I- AM iI I / �y g 9 rc S�� ,_, ARK L_ / ¢S C+ 8LOO7.M.U£S.LON \ E m `� —/ — — 6t A065IM.LL.ES.LON g$,33`&., Him - v g— — o o a S C o p rc 4. O _., Nz Pl &Ls w ' § sN RS s < , a _ t. s o @ g including procurements of materials and leases of equipment, unless exempt by the Regulations,order,or instructions issued pursuant thereto.The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however,that,in the event a contractor becomes involved in, or is threatened with,litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State,and in addition,the contractor may request the United States to enter into such litigation to protect the interests of the United States. EXHIBIT"B" compete for subcontract work under this contract. C. Contracts executed in connection with the performance of this contract in excess of $2,500 must comply with the applicable regulations and standards of the Cost of Living Council in establishing wages and prices. -4- C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, West Bay Springs, LLC proposes to build a subdivision to be known as West Bay Springs Replat Three (Lots 1-11) which will be located Northeast of 188th and Atlas Streets -; and, WHEREAS, Sanitary and Improvement District (S.&I.D.) 485 has been formed to build public improvements in this subdivision; and, WHEREAS, S&ID 485 has paid $14,205.00 in interceptor sewer fees in accordance with the original agreement adopted by the City Council of the City of Omaha on April 29, 2003 via Resolution No. 555; and, WHEREAS, S&ID 485 is subject to interceptor sewer fees of $10,417.00 based on the replat; and, WHEREAS, S&ID 485 is due a refund of$3,788.00 from the Interceptor Sewer Fund; and, WHEREAS, an Amendment to the Subdivision Agreement has been prepared setting forth all the provisions mentioned above. NOW, THEREFORE, BE TT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the Amendment to the Subdivision Agreement among the City of Omaha, West Bay Springs, LLC and Sanitary and Improvement District 485 of Douglas County, Nebraska, as recommended by the Mayor, providing for the refund of interceptor sewer fees, is hereby approved. The Subdivision is to be known as West Bay Springs Replat Three (Lots 1-11) and is located Northeast of 188th and Atlas Streets. P:\PW1\14993pjm.doc APPROVED S TO FOR : /-7/67 CITY ATTORNEY DATE By /04.4. Councilmember Adopted . FEB - b.. IlI oo — City Clerk A roved I 't f4!` / ' pp � Mayor W =m 3gg E.i;S 4 .t CC 2 r3 =€2s�s . F- 8 8 sr sW R ! z Zd s CN 2,1 •� 2,. i- i / S m a h� m c NT CO cN t-+-W / 9-§ s - w 'c J33US L ci , / c„k .€wsaJf ?� c'' phi Tr . o \ /,•- .,,��� g'. w r t�`a 3 rc $a d�aE a \/ / \ \ S, sn-3g5„ w U \ CI / ` ' �> \ ,0 pg\\� \ u o � =a �Ns �4o / w \ , i $v e / , § al41 g L8 Q I 2R\ Pi i i /g °� \ �, R Ri io'?f� Nam- / 1 —�� '�'w Ii !" -_/ z .i p/ ni \/ p i -c I d ate`—— s $ � w z Z \ 4� �V - INS/I- AM iI I / �y g 9 rc S�� ,_, ARK L_ / ¢S C+ 8LOO7.M.U£S.LON \ E m `� —/ — — 6t A065IM.LL.ES.LON g$,33`&., Him - v g— — o o a S C o p rc 4. O _., Nz Pl &Ls w ' § sN RS s < , a _ t. s o @ g including procurements of materials and leases of equipment, unless exempt by the Regulations,order,or instructions issued pursuant thereto.The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however,that,in the event a contractor becomes involved in, or is threatened with,litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State,and in addition,the contractor may request the United States to enter into such litigation to protect the interests of the United States. EXHIBIT"B" compete for subcontract work under this contract. C. Contracts executed in connection with the performance of this contract in excess of $2,500 must comply with the applicable regulations and standards of the Cost of Living Council in establishing wages and prices. -4- `c c. � oCr � - CD Cn O A '< A� p O Q `C 0 ›,E :—. i i (9_„. 1 ,.,0.2 t c I CA Fr 0 CM? C E. x cn -P Q, 0 (�D G- a 0 cr t. - ) i ~ AZ YO C4 g Y ¢ 0 p ," .d Z o ` o o' t7 0 g •n Qp3 •,, p �C CDcr CD a. A. �Ay o\ " 'e ! J / - \ - rc,` ' V a � ��l p . f- f .rQ� .•,y !a I �`