RES 2007-0170 - Amendment to subdivision agmt, West Bay Springs Replat Three 0TAIAHA,qz,
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D��, ..ti February 6, 2007 U i Omaha,Nebraska 68183 0601
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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
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ATf OF NEB is in d o ouglas County,
State of Nebraska
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..w. AS SHOWN
n - '- 2 THOMPSON,OREESSEN&DORNER,INC. IRVINGTON CROSSING -.. 10-6-2006
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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
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..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
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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
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..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.
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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
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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-
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