RES 2005-0805 - Subdivision agmt, Maple Valley * Public Works Department
;; Omaha/Douglas Gvic Center
1819 Famam Street,Suite601
' §,
IL
r Omaha Nebraska 68183-0601
" June 28' 2005 ' (402)444-5220
leFax(402)444-5248
4 L) f'fiktil ,
Cityof Omaha Henry Vieregger,P.E.
Mike Fahey,Mayor Public Works Director
Honorable President
and Members of the City Council,
The attached Resolution approves the Subdivision Agreement among Maple Valley,LLC, Sanitary
and Improvement District(S.&I.D.)478 of Douglas County,Nebraska,and the City of Omaha. This
Subdivision Agreement covers the public improvement of Maple Valley(Lots 1-5 and Outlot A),a
subdivision located Southeast of 168th Street and West Maple Road.
This Subdivision Agreement stipulates which public improvements will be built by S.&.I.D. 478,
those which will be paid for by special assessment and those to be paid for by General Obligation of
S.&I.D.478. The estimated total cost of improvements is$1,271,110.00 of which$767,610.00 will
be paid by General Obligation. The Agreement provides an administrative fee to be paid by the
District to the City based on 1%of the construction costs. The fee for this phase of construction is
$3,589.00, which may be a general obligation of the district. The City will use this fee to fund
additional personnel in the Planning and Public Works Departments to facilitate the processing of
developments. If S.&I.D. 478 is annexed by the City, any outstanding General Obligation Debt
would be assumed by the City.
The Public Works Department requests your consideration and approval of the attached Resolution
and Subdivision Agreement.
Respectfu ly submitted, This action has been reviewed and found to be
in conformance with the Master Plan.
A ,
6. 14.0
C ieregger, .E. Date A Steve Jensen Date
Public Works Director Acting Planning Director
Approved as to Funding: Referred to City Council for Consideration:
)i3)0.S -23-o s-
Carol A. Ebdon - ;k Date Mayor's Office Date
Finance Director 1`
ppro e
r Nf /-
Larry N. oster, Acting Director Date
Parks, Recreation and
P:\PW2\15640maf.doc Public Property Department
SUBDIVISION AGREEMENT
MAPLE VALLEY
LOTS 1 THROUGH 5, AND OUTLOT A
THIS AGREEMENT, made and entered into this /9day of 2005, by and between
MAPLE VALLEY,L.L.C.,A NEBRASKA LIMITED LIABILITY CO (hereinafter referred to as
"Subdivider"), SANITARY AND IMPROVEMENT DISTRICT NO. 478 DOUGLAS COUNTY,
NEBRASKA(hereinafter referred to as"District"),and the CITY OF OMAHA,a Municipal Corporation in
the State of Nebraska(hereinafter referred to as "City").
WITNES SETH
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 and within the City's zoning and platting jurisdiction; and,
WHEREAS,the Subdivider proposes that the District will build public improvements in the area to
be developed,the District being a Sanitary and Improvement District created at the request of and controlled
by the Subdivider,which is the sole Owner(s)of all the lands within the boundaries thereof; and,
WHEREAS, the Subdivider and the District wish to connect the system of sanitary sewers to be
constructed by the District,within the area to be developed,to the sewer system of the City; and,
WHEREAS,the parties wish to agree upon the manner and the extent to which public funds maybe
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 specially
benefit property in the area to be developed and to what extent the cost of same shall be specially assessed.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
For the purpose of this Agreement, the following words and phrases shall have the following
meanings:
A. The "cost" or "entire cost" of a type of improvement shall be deemed to include all construction
costs, engineering fees, attorneys fees, testing expenses, publication costs, financing costs, and
miscellaneous costs. In this connection,financing costs shall include all fiscal agent's warrant fees
and bond fees, and interest on warrants to date of levy of special assessments. The date of levy of
special assessments shall mean within six (6)months after acceptance of the improvement by the
Board of Trustees of the District.
B. "Property benefited" shall mean property within the Subdivider's subdivision(Exhibit"A")which
constitutes building sites. Outlot A is not a building site.
C. "Street Intersections" shall be construed to mean the area shown on attached street intersection
drawing(Exhibit`B").
D. "General obligation" shall mean inaccessible capital costs.
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SECTION I
Subdivider and District covenant that Subdivider shall, and the District covenants that the District will
contemporaneously with the filing of the final plat, present to the City Clerk for the benefit of the City,
binding contracts in full force and effect calling for the timely and orderly installation of the following public
improvements,according to the terms of those contracts. That the District shall also provide and deliver to
the City written confirmation of a binding agreement between the District and its fiscal agent calling for the
placement of the warrants or bonds of the District for the installation of the improvements set forth herein:
A. Concrete paving of all streets dedicated,per the plat(Exhibit"A"), all of said paving to be twenty-
five(25)feet in width,except for those streets with a width greater than twenty-five(25)feet,which
streets shall be extra-width paving,if any(approved by the Public Works Department),as shown on
paving plan, a copy of which is attached hereto as Exhibit "B".
B. All sanitary sewer mains,manholes,and related appurtenances constructed in dedicated street rights-
of-way and easements,per plat(Exhibit"A"),same to be located as shown on sanitary sewer plan,a
copy of which is attached hereto as Exhibit"C".
C. Storm sewers,inlets, manholes, and related appurtenances constructed in street rights-of-way and
easements, per plat (Exhibit "A"), plans and specifications for said sewer improvements to be
approved by City prior to starting construction of said improvements to be located as shown on storm
sewer plan, a copy of which is attached hereto as Exhibit "B".
D. Water and gas distribution mains located within dedicated street rights-of-way dedicated per plat
(Exhibit "A") to be installed by the Metropolitan Utilities District. (Contract with MUD will be
provided as soon as available but in no event longer than 4 months from the date of execution of this
agreement.)
E. Street lighting for public streets dedicated per plat(Exhibit"A")to be installed by the Omaha Public
Power District. (Contract with OPPD will be provided as soon as available but in no event longer
than 4 months from the date of execution of this Agreement.
F. Underground electrical service to each of the lots in the area,to be developed and to be installed by
the Omaha Public Power District. (Contract with OPPD will be provided as soon as available but in
no event longer than 4 months from the date of execution of this Agreement.)
G. Sidewalks along both sides of all public streets within the area to be developed shall be constructed
by the Subdivider or District according to the following schedule:
(I) Sidewalks shall be constructed immediately abutting vacant lots on either side of any block
or cul-de-sac (i.e. circle) as soon as the lots comprising sixty-five percent (65%) of the
abutting footage on such side have been built upon.
(2) Sidewalks shall be constructed immediately abutting built-upon lots as soon as weather
permits.
(3) In any event,all sidewalks shall be constructed upon both sides of any public streets within
three(3)years of the recording of the subdivision plat.
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SECTION II
The parties agree that the entire cost of all public improvements paid for by the District and set out in
Section I herein, shall be defrayed as follows:
A. One hundred percent(100%)of the entire cost of all street and sidewalk construction shall be paid by
special assessment against the property benefited within the area to be developed,except for street
intersections and certain extra-width major street paving, and on-street parking areas all of which
may be a general obligation,as indicated in Exhibit"B". Grading or paving of major streets may be
a general obligation.
B. One hundred percent(100%)of the entire cost of all sanitary sewers,including manholes and other
appurtenances, shall be paid by special assessment against property benefited within the area to be
developed,provided:
(1) Connection charges paid to other sanitary and improvement districts shall be specially
assessed to the extent of special benefit to properties in the District,and the remainder may
be a general obligation of the District.
(2) The District's total cost of any outfall sanitary sewer line to be constructed by the District,
within the boundaries of the District, shall be specially assessed, except that portion of the
Sanitary Outfall Sewer which the pipe size is greater than 8" diameter, may be a general
obligation of the District.
(3) The total cost of any outfall sanitary sewer serving the entire District constructed outside the
District boundary by the District may be a general obligation of the District,as indicated in
Exhibit "C".
C. The cost of storm sewers and appurtenances may be a general obligation of the District.
D. One hundred percent (100%) of the entire cost of water distribution system serving the area to be
developed shall be specially assessed against the property benefited within the area to be developed.
One hundred percent(100%)of the entire cost of water and gas approach mains may be a general
obligation of the District. All refunds from MUD shall be credited to the Bond Construction
Account of the District.
E. One hundred percent(100%)of the entire cost of monthly contract charges paid to the Omaha Public
Power District for furnishing lighting of public streets shall be paid from the operating fund of the
District.
F. The entire cost of the installation of electrical power service and gas distribution system shall be
specially assessed against the property within the area to be so developed. The refunded charge from
the Omaha Public Power District and MUD shall be credited in accordance with law, and if so
credited to the District, it shall be credited to the Bond Construction Account of the District.
G. Any payments to other sanitary and improvement districts,sanitary districts or municipalities for any
fees or charges will not be a general obligation of the District,except as otherwise provided in this
Agreement.
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H. Payments for interceptor sewer connection charges to the City of Omaha may,as provided in Section
IX herein,be a general obligation of the District.
No funds of the District are to be used for the installation or maintenance of telephone equipment.
J. Payment of the park contribution fee may be a general obligation of the District. The District agrees
to pay$857.00 per acre for 8.62 acres(=$7,387)as a Trails/Blvd Fee for the commercial portion of
the Property. The District agrees to pay$897.00 per acre for 8.62 acres(=$7,732)as a Community
Park Fee for the commercial portion of the Property when the District's debt ratio is below 10
percent and the City's Parks and Finance Directors request the payment. The District agrees to pay
$995.00 per acre for 8.79 acres(=$8,746)as a Neighborhood Park Fee for the residential portion of
the Property prior to recording the final plat. The District agrees to pay$209.00 per acre for 8.79
acres(=$1,837)as a Trails/Blvd Fee for the residential portion of the Property. The District agrees to
pay$411.00 per acre for 8.79 acres(=$3,613)as a Community Park Fee for the residential portion of
the Property when the District's debt ratio is below 10 percent and the City's Parks and Finance
Directors request the payment. The Park Fee contributions are set forth on Exhibit"E". The District
intends to construct a trail as part of the improvements for Phase 2 of the subdivision. Therefore,in
order to determine the credit against the Trails/Blvd fee that is owed by the District after construction
of the trail in Phase 2,the City agrees that the Subdivider may post a letter of credit in the amount of
$9,224.00($7,387.00+$1,837.00)in lieu of payment by the District for the Phase 1 Trails/Blvd fee
prior to recording the plat. The letter of credit shall remain in effect until the District constructs the
trail in Phase 2,but not longer than three years. In the event that the District has not constructed the
trail in Phase 2 within three years from the date of this agreement, then the District shall make
payment on the Trails/Blvd fee for Phase 1 and the letter of credit will be released.
K. The cost of maintenance of erosion control measures shall be paid from the operating fund of the
District and removal of erosion control measures maybe a general obligation expense of the District
L. It is mutually agreed that the District shall pay a fee of one percent(1%),estimated to be$3,589.00,
as shown on the Source and Use form attached hereto as Exhibit"F", Page 2, of the construction
cost to the City to facilitate the review and processing of developments to include engineering,
planning, legal and other miscellaneous expenses incurred by the City in connection with any
necessary review of development plans and specifications in connection with the construction
projects performed by Sanitary and Improvement District No. 478 of Douglas County,Nebraska.
The fee maybe a general obligation of the District. The fee shall be paid prior to the City Engineer's
second signature based on the estimated costs shown on the Source and Use of Funds form unless
such project has been contracted for. In such instance,the fee shall be paid on the actual contracted
amount. Once the projects have been completed and the costs certified by the District's engineers,
then the District shall pay any additional monies which are due within thirty (30) days of the
engineer's statement of final costs. The District may receive a refund from the City if the
improvement costs, as certified by the District's engineers, are less than shown on the Source and
Use of Funds form. The District must request a refund from the City with the engineer's statement
of final costs and a letter submitted to the Public Works Department. Such refund shall be paid
within thirty(30)days.
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SECTION III
Credit or funds of the District may be used to pay for any public improvements specified in this Agreement,
but not for any other purpose. PROVIDED,HOWEVER,the District may issue warrants for the purpose of
paying for repairs, maintenance, and operating costs of the District, such warrants to be paid out of funds
obtained by the District through its general fund tax levy,or where allowed by law,may be paid from special
assessments or fees or charges. Maintenance,repair,and reconstruction of a public improvement shall not
be a general obligation of the District nor shall construction warrants be issued therefore without the prior
written approval of the City Engineer. The District shall not acquire any interest in real property without the
prior approval of the City of Omaha.
SECTION IV
A. City covenants and agrees that should the City,by reason of its annexation of the District,or any area
thereof, prior to District's levy of special assessments for the improvements authorized in this
Agreement thereby succeed to said District's power to levy special assessments,that City will levy
same in accordance with this Agreement.
B. All parties covenant and agree that nothing in this Agreement shall be construed so as to oblige the
City to annex the area to be developed or any part thereof.
C. The District shall not sue, nor fund any lawsuit to prevent any annexation of property within the
District by the City except in the event the City annexes only a part of the District. The District does
not waive its right to contest a proper division of assets and liabilities.
SECTION V
Subdivider and District covenant and agree that the District created by the Subdivider will:
A. Abide by and incorporate into all of its construction contracts the provisions required by the
regulations of the City pertaining to construction of public improvements in subdivisions and testing
procedures therefore.
B. Except as may otherwise be agreed to by City,all of said District's levy of special assessments shall
be made in such a manner so as to assure that the entire burden of the levy is borne,on an equitable
basis,by lots or parcels which are truly building sites. If any lot,parcel or other area within the area
to be developed is not a building site by reason of insufficient size or dimensions, or by reason of
easements or similar burdens, or for any other reason,then no portion of the total amount shall be
levied against said unbuildable lot,parcel or other area.
C. The District shall provide the following information to the City Engineer at least twenty(20)days
prior to the meeting of the Board of Trustees of the District held to propose the levy of special
assessments:
(1) A detailed schedule of the proposed special assessment and/or the amount of general
obligation costs of any improvement or acquisition.
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(2) A plat of the area to be assessed.
(3) A full and detailed statement of the entire cost of each type of improvement,which statement
or statements shall separately show:
(a) The amount paid to the contractor.
(b) A special itemization of all other costs of the project,including,but not limited to,all
engineering fees, attorney fees,testing expenses,publication costs,financing costs,
including, but not limited to, interest on all warrants to date of levy of special
assessments, estimated fiscal agent's warrant fees and bond fees.
(c) A special itemization of all costs of the District not itemized in(a) and(b) above.
D. The District agrees that it will not unreasonably delay acceptance of an improvement and that
District shall levy special assessments within six(6)months after acceptance of the improvement.
In addition to the above notice requirement, the District shall also, twenty(20) days prior to the
Board of Equalization hearing of the District, give notice in writing to the City that the Board of
Equalization will be convened on that date for the consideration of the levying of special assessments
and equalization and apportionment of debt.
SECTION VI
A. The District agrees to annually levy a minimum ad valorem property tax rate of 88 cents per$100 of
taxable valuation for all tax collection years through the year that all District warrants can be paid on
a cash basis and/or are converted to bonded debt. As the total levy(Bond and General)necessary to
support the other debt and obligations of the SID for all projects (including deferred Community
Park Fees)decreases to below 88 cents per$100 of taxable valuation,the District shall collect the
difference(not to exceed 5 cents per$100 of taxable valuation)between the new rate and the original
88 cents. All such tax proceeds shall be paid to the City upon collection and credited to the Arterial
Street Improvement Program(ASIP) fund.
B. On or about June 1st of each year following the issuance of District bonds,the District's fiscal agent
will deliver to the City Finance Director for review and approval a cash flow projection by year for a
fifteen(15)year period. The cash flow projection shall include,but not be limited to,existing and
projected taxable valuation, a projected annual debt service levy, a projected annual general fund
levy, existing and projected cash receipts, cash disbursements and available finances in the bond
fund and general fund of the District.
C. The District's Board of Trustees agrees to adopt tax rate levies sufficient to fund the succeeding years
general and bond fund projected obligations as required in the cash flow projections.
SECTION VII
In the performance of this Agreement,the District shall not discriminate against any parties on account of
race,national origin,sex, age,political or religious affiliations in violation of federal or state laws or local
ordinances.
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SECTION VIII
A. Subject to the conditions and provisions hereinafter specified,the City hereby grants permission to
the District to connect its sewer system to the sewer system of the City for a period not to exceed ten
(10)years,in such manner and at such place or places designated on plans submitted by the District
and approved by the City.
B. Upon the completion of any Sanitary Outfall Sewer, if any,built by the District, the City shall be
granted and they shall accept control and operation of the facility. The District shall convey by
proper legal instrument all its rights,easements,title,and interest in such Sanitary Outfall Sewer to
the City. The form of acquisition shall be upon approved City forms.
C. Without prior written approval by the City,the District shall not permit any sewer lines or sewers
outside the presently described boundaries to be connected to: the sewer or sewer lines of the
District, any sewer from the District's boundaries to the sewers of the City,any outfall sewer of the
City, or any sewage treatment plant of the City. The City shall have exclusive control over
connections to its sewers whether inside or outside the District's boundaries. The District shall not
collect connection charges for such connections.
D. At all times all sewage from and through said District into the City sewer system shall be in
conformity with the ordinances,regulations,and conditions applicable to sewers and sewage within
the City as now existing and as from time to time may be amended.
E. Before any connection from any premises to the sewer system of the District may be made,a permit
shall be obtained for said premises and its connection from the proper department of the City,which
permit shall be obtainable on the same terms, conditions, and requirements of the City and for the
same permit fee of the City applicable from time to time to permit property outside the City to
connect to the sewer system of the City;it being expressly understood that the City reserves the right
to collect all connection charges and fees as required by City ordinances or rules now or hereafter in
force; all such connections shall comply with minimum standards prescribed by the City.
F. Notwithstanding any other provisions of this Agreement, City retains the right to disconnect the
sewer of any industry,or other sewer user within the area to be developed,which is discharging into
the sewer system in violation of any applicable ordinances, statute,rule, or regulation.
G. The District warrants that it has not employed or retained any company or person,other than a bona
fide employee working for the District,to solicit or secure this Agreement,and that it has not paid or
agreed to pay any company or person,other than a bona fide employee working for the District,any
fee, commission, percentage, brokerage fee, gifts, or making of this Agreement. For breach or
violation of this warranty,the City shall have the right to annul this Agreement without liability. The
District shall require the same warranty from each contractor with whom it contracts in any way
pertaining to its sewage system. The prohibition provided for herein shall not apply to the retention
of an attorney or other agent for the purpose of negotiating the provisions of this Agreement where
the existence of such agency has been disclosed to the City.
H. Subletting,assignment,or transfer of all or part of any interest of the District hereunder is prohibited
without prior written approval of the City of Omaha.
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The District expressly agrees that it is and shall be:
(1) Bound by and to any provisions of any ordinances,rules and regulations hereafter made and
adopted by the City of Omaha applicable to sanitary and improvement districts whose sewers
connect directly or indirectly with or into sewers or sewage systems of the City of Omaha;
and
(2) Bound by any terms and provisions which by ordinance, resolution, or rule of the City of
Omaha shall hereafter adopt or provide as being applicable to or required in contracts with
sanitary and improvement districts or in order to permit or continue the discharge of any
sewage from a sanitary and improvement district to flow into or through any part of the
sewer or sewage system of the City of Omaha.
J. The District agrees to collect an "equivalent front footage charge" in conformance with the
following:
Where the property with which sewer connection is sought to be made is not within the bounds of a
regular sanitary sewer district or private sewer district,or where such property has not been assessed
or has not paid for the construction of the sewer to which connection is sought to be made,then in
such case the Chief Plumbing Inspector of the Permits and Inspections Division shall not issue a
permit for such sewer connection until the property owner shall have paid to the Improvement
District an equivalent front footage charge for the number of front feet of the entire property with
which such connection is sought to be made. The equivalent front footage charge shall be the current
charge in conformance with the requirements of the Omaha Municipal Code. The front footage
charge collected shall be used to defray the general obligation of the Sanitary and Improvement
District.
SECTION IX
A. Payment for Construction of Interceptor Sewers
The District shall make payment to the City of Omaha for the fee in the amount of$136,753.80 for
the construction of interceptor sewers. This fee is computed as follows for the lots shown on the plat
(Exhibit"A").
Lot No. Lot Area Amount
1 1.80 Ac. @ $5142.00/Ac. $ 9,255.60
2 1.22 Ac. @$5142.00/Ac. $ 6,273.24
3 1.15 Ac. @$5142.00/Ac. $ 5,913.30
4 1.73 Ac. @$5142.00/Ac. $ 8,895.66
Lots
144 Apt.Units @$739.00/Unit =$ 106,416.00
TOTAL DUE TO THE CITY $ 136,753.80
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If the area is replatted or the use of the lots is changed,the fee charged shall be changed by the City
on the basis of the wastewater flow generated compared to that generated by single family
residences.
B. Additional Plats
In the event the Subdivider shall plat additional lots which will be in the District which he wishes to
connect to the Omaha sewer system, this Agreement shall be amended by the parties to provide
payment of the current fee for the additional lots before any sewer permits are issued by the City of
Omaha.
C. Special Sewer Connection Fee
The District and the City agree that payment made under Section IX-A of this Agreement shall
constitute a Special Sewer Connection Fee for the area described in Section IX-A and shall be
collected by the District as a Special Sewer Connection Fee or shall be levied as a Special
Assessment against the real estate described in Section IX-A as follows:
(1) Amount of Special Sewer Connection Fee
The real estate shall be charged the special sewer fee amount as set forth in Section IX-A for
each lot or parcel.
(2) Time of Collection
The Special Sewer Connection Fee shall be collected by the District from the owner of each
lot or parcel of real estate or levied as a Special Assessment in the amount as shown in
Section IX-A prior to the time any such lot or parcel is built upon and before the building
sewer is connected to the Sanitary system of the District.
(3) Extent of Collection
The Special Sewer Connection Fee will be collected by the District on each lot from the date
of this Agreement until the District has collected by such payment or through Special
Assessment the entire amount paid by the District to the City,as described in Section IX-A.
The entire proceeds collected by the District will be used by the District to pay off the
warrants or other debts incurred by the District in obtaining the funds paid to the City as
required in Section IX-A.
D. City Sewer Connection and Sewer Use Fees to be Paid
The City may collect,within the area to be developed,the City's sewer connection and permit fees,as
provided by existing City ordinances, and its sewer use and connection fees as now or hereafter
existing. Such fees shall be in addition to the payments provided for in Section IX-A herein;
however,the City shall reduce its"Special Connection Fee--Papillion Creek Watershed"for any lot
listed in Section IX-A herein,by the amount paid by the District for that lot pursuant to that section
and collected by the District from the party for whom the connection is made.
9
E. Issue of Sewer Permit
No sewer permit will be issued by the City for any construction on any lot in the area described in
Section IX-A until proof is furnished to the City of payment to the District of the Special Sewer
Connection Fee or levy of the Special Assessment for that particular lot as called for in Section IX-
A.
F. Audit of District's Records
The City shall have access at all times to the District records for the purpose of auditing the accounts
pertaining to collection of the Special Sewer Connection Fee.
G. Upon execution of this Agreement,the District shall make payment to the City in cash or warrants
immediately convertible into cash in the amount as stated in Section IX-A of this Agreement. The
City shall accept and retain such monies to make progress payments for the design,construction and
construction supervision for building interceptor sewers.
SECTION X
A. Installation of entrance signs or related fixtures and any median landscaping and related fixtures shall
be paid for by the Subdivider. Plans for such proposed improvements that are to be located in public
right-of-way and a proposed maintenance agreement for the improvements must be submitted to the
City for review and approval prior to the installation of improvements.
B. No separate administrative entity nor joint venture,among the parties,is deemed created by virtue of
this Subdivision Agreement.
C. The administration of this Subdivision Agreement shall be through the offices of the undersigned
officers for their respective entities.
D. The Erosion Control Plan is attached hereto and incorporated herein as Exhibit"D". Costs for initial
erosion control shall be paid by Subdivider.
E. The Subdivider shall install an access road in Outlot"A" a private expense. The removal of the
access road in Outlot"A"shall be a private expense at such time as Bedford Avenue and 167th Street
are extended in future plattings and the need for this access road no longer exists.
F. Outlot"A"shall be owned and maintained by the Subdivider. The Subdivider shall be responsible
for maintenance and repair of the ingress/egress road to be located in Outlot"A".
G. The on-street parking areas adjacent to Lots 2, 3,and 4 shall be maintained by the Subdivider,his
successor or assigns, including snow removal and crack sealing.
H. This Subdivision Agreement shall be binding upon the parties hereto,their respective successors and
assigns.
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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': , r+ CITY OF OMAHA
(4.14,
CITY CLERK \ ` MAYOR DATE
!� APPROVED AS TO FORM
CITY ATTORNEY
SANITARY AND IMPROVEMENT DISTRICT
ES : NO. 478 OF DOUGLAS COUNTY,NEBRASKA
LY: ( J(, BY: S( l�
CLE C DATE
ATTEST: MAPLE VALLEY,L.L.C.,A NEBRASKA
LIMITED LIABILITY COMPANY
(31 BY: -s S
AG G ER DATE
TD2 File No. 1295-101.19
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STATE OF NEBRASKA )
) ss.:
COUNTY OF DOUGLAS)
7ti
On this �6 day of n'114-y , 2005,before me a Notary Public, duly
commissioned andqualified ih and for said County, appeared Kenneth J. Hagen, Jr.,
PP g
Chairman, and M. David Steier, Clerk, of Sanitary and Improvement District No. 478 of
Douglas County,Nebraska, who are personally known by me to be the identical persons
whose names are affixed to this Subdivision Agreement, and acknowledged the
execution thereof to be their voluntary act and deed as Chairman and Clerk,respectively,
of said Sanitary and Improvement District.
WITNESS my hand and Notarial Seal the day and year last above written.
otary Public
XERAL ROTARY SJOSEPHCtate ofANCO Nebraska
.FR
STATE OF NEBRASKA ) My Comm.Exp.Jan.20,2oos
) ss..
COUNTY OF DOUGLAS)
The foregoing instrument was acknowledged before me this / day of /JI19
2005, byKenneth J. Hagen, Jr. Managing Member of Maple Valle L.L.C., a Nebraska
g g gY,
limited liability company, on behalf of the company.
WITNESS my hand and Notarial Seal the day and year last above written.
(1944144e1)--
otary Public
GENERAL NOTARY-State of Nebraska
JOSEPH C.FRANCO
"-'.: My Comm.Exp.Jan.20,2006
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8.79 acres residentia NA 144 $100,000.00 $14,400,000.00
5.96 ac. Commercial 60,800 $110.00 $6,688,000.00
259,807 $15.00 $3,897,105.00
Total Est. Sale Price $24,985,105.00
Est. Tax Base, 93%of Sale Price $23,236,147.65
G.O. Debt $767,610.00
Phase 1 Debt Ratio 3.30%
PHASE 2
res. NA 0 $100,000.00 $0.00
3.0 acres comm 37,000 $110.00 $4,070,000.00
130,680 $15.00 $1,960,200.00
Total Est. Sale Price $6,030,200.00
Est. Tax Base, 93%of Sale Price $5,608,086.00
G.O. Debt $340,200.00
Phase 2 Debt Ratio 6.07%
PHASES 1 &2 COMBINED
Total G.O. Debt $1,107,810.00
Est. Tax Base,93%of Sale Price $28,844,233.65
Total Debt Ratio 3.84%
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Maple Valley, LLC, proposes to build a subdivision to be known as
Maple Valley (Lots 1-5 and Outlot A) which will be located Southeast of 168th Street and West
Maple Road; and,
WHEREAS, Sanitary and Improvement District (S.&I.D.) 478 has been formed to
build public improvements in this subdivision; and,
WHEREAS, Maple Valley, LLC, and S.&I.D. 478 wish 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, S.&I.D. 478 agrees to pay $136,753.80 as a sewer connection fee to
be used for the construction of the sewers in the Papillion Creek Watershed; and,
WHEREAS, S.&I.D. 478 agrees to pay $3,589.00 as an Administrative Fee to the
City to fund additional employees in the Planning and Public Works Departments to facilitate the
processing of developments; and,
WHEREAS, S.&.I.D. 478 agrees to pay the City $8,746.00 as a Neighborhood
Park Fee; 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 among the City of Omaha, Maple Valley,
LLC, and Sanitary and Improvement District 478 of Douglas County, Nebraska, as
recommended by the Mayor, providing for the public improvements, 1% administrative fee, park
fee, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The
Subdivision is to be known as Maple Valley (Lots 1-5 and Outlot A) and is located Southeast of
168th Street and West Maple Road.
APPROVED AS TO FORM:
0 015"——
CITY ATTORNEY DATE
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Adopted Al 1...9..2005.. 7 -
' •7‘1 7,/p VA -
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Mayor
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