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RES 2004-1385 - Subdivision agmt, Sagewood . x QQMAHA,NFb y , �. ��° `, P C. E 1 tI E D Public Works Department ��j"rr� Qi; OCT 2 Omaha/Douglas Civic Center 2 f C� r+® ' � , F November 2, 2004 1819 Farnam Street,Suite 601 O„' y �' N. �A ro f Omaha,Nebraska 68183-0601 OR'�ED FEBRV��� x j �` - i i t (402)444-5220 1 t MA NA 1. Telefax(402)444-5248 City of Omaha Norm Jackman,P.E. Mike Fahey,Mayor Acting Public Works Director Honorable President I and Members of the City Council, The attached Resolution approves the Subdivision Agreement among Sagewood Development Company, LLC, Sagewood Homeowners Association, Sanitary and Improvement District (S.&I.D.) 509 of Douglas County, Nebraska and the City of Omaha. This Subdivision Agreement covers the public improvement of Sagewood (Lots 1-453), a subdivision located Southeast of 177th and Fort Streets. This Subdivision Agreement stipulates which public improvements will be built by S.&.I.D. 509, those which will be paid for by special assessment and those to be paid for by General Obligation of S.&I.D. 509. The estimated total cost of improvements is $7,329,768.00 of which $2,098,984.00 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 $38,663.00, 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. 509 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. Respectfully submitted, This action has been reviewed and found to �, be in conformance with the Master Plan. ,. —ZY I �, 1 ()Li ,/1.-,--k. /o .is . 6,4 Cy✓1�_,,,,Norm Jackman, P.E. Date Robert C. Peters Date f' Acting Public Works Director Planning Directo t Approvedn as to Funding: Referred to CitOfX"—y Council for Consideration: l u..-e. Q, -�.-- 16`1 s1 O 4 /D e A 0-by Carol A. Ebdon AO r Date Mayor's Office Date Finance Director Ap ov d: 1 fo 20 of `L.rry N. Foster, Acting Director Date Parks, Recreation and P:\PW2\14753maf.doc Public Property Department • SUBDIVISION AGREEMENT Sagewood (Lots 1-455 and Outlots A& B) THIS AGREEMENT, made and entered into this/Iday of 4�� , 2004, by and between SAGEWOOD DEVELOPMENT COMPANY, LLC, hereinafter referred to as "Subdivider"), SANITARY AND IMPROVEMENT DISTRICT NO. 509 of DOUGLAS COUNTY, NEBRASKA, (hereinafter referred to as "District"), the SAGEWOOD HOMEOWNERS ASSOCIATION (hereinafter referred to as the "Association") 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 within 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; 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 Subdivider has or will create the Sagewood Homeowners Association comprised of Lots 1 thru 455 of Sagewood, 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 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. Lots 452, 453, 454, and 455 are public park lots and are not building sites. Outlot"A" is located within the floodway and therefore not a building lot. Outlot"B" is a non-buildable lot. C. "Street intersections" shall be construed to mean the area shown on the attached street intersection drawings(Exhibits "B"). 1 D. "General obligation" shall mean unassessable capital costs. 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 (Exhibits "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 plans prepared by E & A Consulting Group, copies of which are attached hereto as Exhibits "B". ". District shall enter into an Interlocal Agreement with Douglas County and participating adjacent SID's prior to recording the Final Plat for the construction of grading, paving, culvert and related improvements for the paving of Fort Street to a three lane street at the subdivision frontage. 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 layouts prepared by E &A Consulting Group, copies of which are attached hereto as Exhibits "C". C. Storm sewers, inlets, manholes and related appurtenances constructed in streets right- of-way and easements, per plat (Exhibits "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 plans to be prepared by E &A Consulting Group, copies of which are attached hereto as Exhibits "B". D. Water and gas distribution mains located within dedicated street rights-of-way dedicated per plat (Exhibits "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 four months from the date of execution of this agreement. E. Street lighting for public streets dedicated per plat (Exhibits "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 four months from the date of execution of this agreement). F. Underground electrical service to each of the lots in the area to be developed 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 four 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: 2 (1) Sidewalks shall be constructed immediately abutting vacant lots 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 any public streets adjacent to the plat within three (3) years of the recording of the subdivision plat. (4) Sidewalks adjacent to Fort Street shall be constructed in conjunction with the improvements to exterior streets or under a separate construction contract. (5) Sidewalks on the rear lot lines of Lots 1, 2, 3, 4, 21, 23, 24, 27 and 28 shall be installed with the paving and specially assessed to the benefited lots; these sidewalks shall be maintained, including snow removal, by the Subdivider or his assigns. (6) Sidewalks along the boulevard or parkway shall be installed five(5) feet wide per Boulevard Exhibit E. Four(4) feet of the sidewalk width shall be specially assessed. H. The Subdivider agrees to grade the subdivision so that the elevation at the property line adjacent to Fort Street shall meet the proposed grade established by the Douglas County Engineer. Sections shall be submitted to the Douglas County Engineer and elevations certified by E&A Consulting Group prior to recording the Final Plat. If the grading has not been completed by the time the Subdivider wishes to record the plat, the Subdivider may submit a certified check or other suitable financial guarantee to the City to insure completion of the grading within a suitable amount of time. A "Park Fee Contribution" chart is attached as part of Exhibit"D"which identifies park fee contributions and construction costs. Park fees and acquisition of boulevard right-of-way in excess of 65 feet shall be a general obligation cost to the District. J. A vehicular bridge on HWS Cleveland Boulevard over the North Branch of the West Papillion Creek shall be constructed by the District. Bridge hydraulics shall be approved by the Papio-Missouri Natural Resources District and the City. Final plans shall be approved by the City prior to construction. 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 and major street paving, either of which may be a general obligation, as indicated in Exhibits "B". Grading or paving of major streets including deceleration lanes and turning lanes as indicated on Exhibits "B" may be a general obligation. An Interlocal Agreement for Fort Street improvements shall be submitted prior to recording the plat. 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, 3 (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 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. (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. (4) The total cost of any easement acquisition for outfall sanitary sewers serving the entire District constructed outside the District boundary by the District may be a general obligation of the District, as indicated in Exhibits"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. 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. One hundred percent(100%) of the entire cost of concrete sidewalks along major streets may be a general obligation of the District except that portion adjacent to non-single family or duplex residential lots which shall be specially assessed or paid for privately. K. Street identification signs may be a general obligation, provided the signs are in compliance with the Manual on Uniform Traffic Control Devices. All signs shall be 4 f. approved, in writing, by the Traffic Engineer of the City of Omaha prior to installation. L. The Sediment and Erosion Control Plan to be submitted to NDEQ and the City of Omaha for compliance with NPDES regulations is attached hereto and incorporated herein as Exhibit "F". PMRNRD must approve said plan prior to City Engineer's second signature on the final plat. The initial construction cost of grading and piping for temporary sediment and erosion control facilities shall be paid for privately by the Subdivider. Removal of said sediment and erosion control measures be a general obligation of the District. All silt basins are to remain in place until seventy-five percent (75%) of the drainage sub-basin serviced by these erosion control measures are fully developed, and with the written permission of the City Public Works Department authorizing their removal. Sediment removal shall be paid as follows: (1) During the initial construction of public streets and sewers, the District may pay for the removal as a general obligation of the District; a separate bid item shall be included in the public improvements contract for this work. (2) For all subsequent sediment removal, the District shall pay for the work from its operating fund. (3) Basin closure or removal may be a general obligation of the District. M. A "Park Fee Contribution" chart is attached as Exhibit "D" which identifies park fee contributions and construction costs for this phase of S.I.D. 509. 100% of the entire cost of neighborhood park improvements, park or trail/boulevard fees, trail improvements, boulevard improvements in excess of local street standards, community park improvements, excess boulevard right-of-way acquisition and park land acquisition may be a general obligation of the District. 1. Neighborhood Park Fee. The District's fee is 157.778 acres x $995 = $156,989 however, the District is authorized to pay $40,000 for a park shelter within the park and also $40,000 for park landscaping and seeding for a total of $80,000 of neighborhood park improvements. The District is further authorized to purchase Lot 452 thru 455, inclusive, to be used as public park land calculated as 4.82 acres of floodplain encumbered land at $12,825 per acre or $61,817 for a total cost of improvements and acquisition of $141,817 resulting in ($141,817 - $156,989) or $15,173 remaining of the fee, however, adding applicable soft costs, monies expended by the District will exceed the Neighborhood Park Fees. The Subdivider agrees to donate the remaining portions of Lots 452-455, inclusive, a total of 14.290 acres of Lot 251 to the District to be used as public park. Anticipated future neighborhood park fees from undeveloped land within this neighborhood park area are already obligated to other existing SID's, therefore no monies will be available for reimbursement from the City of Omaha. The Subdivider agrees to transfer ownership of said park land to the District contemporaneously with the filing of the plat. 2. Trails / Boulevard Fee. The District's fee is 157.778 acres x $209 = $32,968. However, the District is authorized to pay $92,000 in landscape, seeding and sidewalk improvements to the HWS Cleveland Boulevard and also to acquire boulevard right-of- way in excess of 65' calculated as 0.60 acres at $25,560 or $15,390. the total expenditure is $107,390, resulting in ($107,390 - $32,976) or $74,414 in excess of the fee. Adding applicable soft costs per the Park Fee Contribution, Exhibit "D", the City will reimburse the District $101,102 only as monies are available in the fund and in 5 • chronological order of the final plat. It is understood by District and the City that the source of repayment shall be limited to the Park Development Fund (Trails and Boulevards) only. District is not promised payment from the City for any other grant, reimbursement, or annexation. 3. Community Parks. The District's fee is 157.778District's res x $411 =current deb$64,847 4 847as and this his fee shall be paid by the District to the City when the 10% and the City's Parks and Finance Directors request the payment. N. It is mutually agreed that the District shall pay one percent(1%)of the public construction costs, estimated to be $38,663, to the City to facilitate the review and processing of developments to include engineering, planning, legal and other miscellaneous expenses incurred by the City. The fee may be a general obligation expense 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, as shown on Exhibit "E" unless contracts exist for said improvements. If contracts for improvements exist, the fee shall be based on actual contract amounts. Once the projects have been completed and the costs certified by the District's engineer, then the District shall pay any additional monies which are due within thirty (30) days of the engineer's cost certification. The District may receive a refund from the City if the improvement costs, as certified by the District's engineer are less than shown on the Source and Use of Funds form. The District must request a refund from the City with the engineers' certified costs and letter submitted to the Public Works Department. Such refund shall be paid within thirty(30) days. The fee shall be paid for all District contracts issued for public improvements. O. The vehicular bridge over the North Branch of the West Papillion Creek located at HWS Cleveland Boulevard may be a general obligation of the District. 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 l the o tDishetrict nor shall construction warrants be issued therefor without the prior written approval Engineer. Storm warning sirens purchase or installation is not to be a general obligation nor payable more than two years from installation. stl atiof Omaha. District shall not acquire any interest in real property without the prior approval the City 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. 6 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 subdivi- sions and testing procedures therefor. 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. (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, attorneys' 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 7 • • (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 the tax collection years through the year that all district warrants can be paid on a cash basis and/or converted to bonded debt. B. On or about June 1 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, existing and projected cash receipts, cash disbursements and available balances 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 obligation 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. 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 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 charges for such connections. D. At all times, all sewage from and through said District into the City sewer system shall be 8 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 ordinance, 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 any other consideration, contingent upon or resulting from the award 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. 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 9 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 $427,097.00 for the construction of interceptor sewers. This fee is computed as follows for the lots shown on the plats (Exhibits "A"). Lots 1-451, inclusive, Single family units, 451 Lots @$947.00 $427,097.00 TOTAL: $427,097.00 Lots 452-455, inclusive, are public parks and therefore shall not pay Interceptor Sewer Fees. 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. 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 10 entire the entire amount paid by the District to the City, as described in Section e waA.rr The other proceeds collected by the District will be used by the District to pay 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. d fees, as The City may collect, within the area to bed developed,Pve r use athe n connect on sewer nfees asection nnowperm or'thereafter provided by existing City ordinances, and existing. Such fees shall be in addition to ton Fee-Papilhe payments plionlded Creek for sthedl for any'lothli eden the City shall reduce its "Special Conne 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. E. Issue of Sewer Permit. a No sewer permit will be issued by the City for any oconstruction r1 o then ny lot in the District of theeSpec alrlbed in Sewer Section IX-A until proof is furnished to the City payment 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 Districtrecords for the purpose of auditing the accounts pertaining to collection of the Special Sewer Connection Fee. G. Upon exe cution 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-t he of Ides ghis greconstructon and ement. The City shall accept and retain such monies to make progress payments for construction supervision for building interceptor sewers. SECTION X A. Installation of entrance signs or related fixtures Plansf or su h p median roposed mprov merits that and related fixtures shall be paid for by the Subdivider. the are to be located in public right-of-wto and proposedo r ew ntenance and approvale prior tor the improvements must be submitted City installation of improvements. B. No separate administrative entity nor joint venture, among the parties, is deemed created by virtue of the Subdivision Agreement. C. The administration of this Subdivision Agreement shall be through the offices of the undersigned officers for their respective entities. ats is hereby D. The 65 foot Permanent Noise AttenuOmahaon E asement The purpose of the easemshown on the lent is to keep granted to SID # 509 and the City of structures, patios, decks, swing sets, playgrounds, pools, etc. as far away from traffic noise on Fort Street as the plat will allow. This easement area may be used for construction of a Noise Attenuation Barrier wall) t fn the future. If the owners of const uct a noise wall they will such lots subject to the easement ever request the City be required to conform to the then existing b City policy e shown on the final plat. construction and payment. Such an easement and note shall 11 E. It is recognized by the parties that the land shown on Exhibit "A" is outside of the City of Omaha's Zone of Present Development ("PDZ"). However, it is also recognized that the land shown on Exhibit "A" has been identified and recommended by City staff and City consultants to be included in the PDZ in the near future with the proposed revisions to the Interceptor Sewer Plan of the City's Master Plan. Parties agree that internal subdivision improvements may be constructed and paid for by the District. However, until the land shown on Exhibit "A" is included in the City's PDZ, the project costs for Interceptor Sewer Extensions and Arterial Street Improvements as shown on Exhibits"B" and "C" shall be paid for and installed by the Subdivider prior to recording of the Final Plat. When the land shown on Exhibit "A" is included in the City's PDZ, the Subdivider may be reimbursed by SID 506 all project costs excluding interest costs. Furthermore, if the PDZ extension is adopted by the Omaha City Council prior to construction, the total cost of said exterior improvements may be a general obligation cost of the District. Once Interceptor Sewer construction is included as a programmed project in the Interceptor Sewer Element of the City's Master Plan, the District(or Subdivider if built privately) may enter into an Interlocal Agreement with the City for reimbursement for the project costs excluding interest from the Interceptor Sewer Fund. G This Subdivision Agreement shall be binding upon the parties, their respective successors and assigns and runs with the land shown on Exhibits "A"". 12 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 OF OMAHA )14'444 )%14r /A/V r =� CITY CLERK Date MAYOR Date ATTEST: SANITARY AND IMPROVEMENT DISTRICT 509 OF DOUGLAS COUNT , RASKA /D-6-o1 /O-S o4/ CLERK Date AIRMAN Date SAGEWOOD DEV LOPMENT COMPANY, LLC SAGEWOOD HOMEOWNERS ASSOC. r U� l/ - By: CJ INVES ME TS, LL Date Ro ert P. Horgan, Incorp or Date Managing Member Robert P. Horgan, Manager APPROVED AS TO FORM CITY ATTORNEY DATE STATE OF NEBRASKA ) )SS COUNTY OF DOUGLAS ) On this. th day of 722.4e2 , 2004, before me, a Notary Public in and for said County and State, personally appeared ROBERT P. HORGAN, Manager of CJ Investments, LLC and Incorporator of the Sagewood Homeowners Association, who executed the above and foregoing easement acknowledged the execution thereof to be their voluntary act and deed. � GENERAL NOTARY-State of Nebraska GREG L.NISSEN NOTARY PUBL C7 My Comm,Exp.April 18,2007 My Commission expires . 13 SUBDIVISION AGREEMENT EXHIBITS EXHIBIT DESCRIPTION A FINAL PLAT B PAVING & STORM C SANITARY SEWER D PARK FEE COMPUTATION E SOURCE & USE OF FUNDS F GRADING & EROSION CONTROL PLAN G PARK &TRAIL EXHIBIT 14 1 o =• u.� .mn H3M3S N11101S 4 ONIAVd w .k.. SNOA3MN(1S•SN3NNVld•Si133NION3 C� � 000M3DVS .B�11SINX3 ONI'df1O21O ONI1lf1SNOO v'83 1 L L J 1 4 1 r ' W p r3 ig plenalnog puewei0 > WLa 2 �� d � w ! gg r ‘4 ' 11- , 2 4 r 11 iggi 7 r . 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'.:T: '47'....7.7.-77-J-77.'".47.:?..".'.4r...M .:,ItZnif4FI • • S&ID#509(SAGEW000) EXHIBIT"D" Park#34 Total Acres(1) 157.778 PARK FEE CONTRIBUTION DATED: 614 04 The District agrees to contribute as a General obligation the following monies for park,boulevard and trail purposes: Neighbor- Trails/Blvd. Community hood Parks Parks Commercial/Industrial zoned property per acre NA $ 857 $ 897 Residential zoned property/acre $ 995 $ 209 $ 411 Commercial/lndust Gross Park Fee Trails/Blvd. 0 acres at $857 = $ - Gross Park Fee Community 0 acres at $897 = $ - Residential Gross Park Fee Neighborhood 157.778 acres at $995 = $156,989 Gross Park Fee Trails/Blvd. 157.778 acres at $209 = $32,976 Gross Park Fee Community 157.778 acres at $411 = $ 64,846.76 Credit(Hard Cost of Neighborhood Park Improvement) SHELTER 1 LS @ $40,000 $40,000 PARK LANDSCAPING&SEEDING 1 LS @ $55,000 $40,000 Hard Cost,Neighborhood Park Improve._ $ 80,000 ($80,000) Credit(Hard Cost of Neighborhood Park Acquisition) Neighborhood Park Land Acquisition(Unencumbered) 0.000 AC @ $25,650 1111 Neighborhood Park Land Acquisition(Floodplain) 4.820 AC @ $12,825 $61,817 Neighborhood Park Land Acquisition(Floodway) 0.000 AC @ $0 �0 Hard Cost,Land Acquisition= $61,817 ($61,817) Credit(Hard Cost of Trail/Boulevard Improvements) HWS Cleveland Trail over 4' 9,000 SF @ $3 $27,000 HWS Cleveland Seed/ Landscape 1 LS @ $65,000 $65,000 Hard Cost,Trail/Blvd.= $92,000 ($92,000) Credit(Hard Cost of Acquisition for Trail/Boulevard) Blvd.Right-of-Way Over 65' 0.60 Ac.@ $25,650 $15,390 $15,390 ($15,390) Credit(Hard Cost of Acqusition for Community Park Site) 0.00 Ac.@ $ - V_ $0 $0 SUBTOTAL(FEES DUE LESS HARD COST CREDITS) $ 15,173 $ (74,414) $ 64,847 Credit(Soft Cost of Neighborhood Park Improvements $77,190 @ 40% = $30,876 $ (30,876) Credit(Soft Cost of Neighborhood Park Acquisition $61,817 @ 20% = $12,363 ($12,363) Credit(Soft Cost of Trail/Blvd.Improvements $59,024 @ 40% = $23,610 ($23,610) Credit(Soft Cost of Trail/Blvd. Acquisition $15,390 @ 20% = $3,078 ($3,078) Credit(Soft Cost of Community Park Acquisition $0 @ 20% = $0 $ - TOTAL FEE DUE OR(CREDIT)TO BE INCLUDED $ - $ (101,102) $ 64,847 IN SUBDIVISION AGREEMENT 'See Note(7) Note(1)All ground within the plat shall be included in one of the two categories listed above. For Religious Assembly,School and Golf Courses calculate as residential area. Note(2)If Hard Costs for Construction exceed the Parks orTrails fees a reimbursement will be made of the excess amount paid up to 40%for Construction costs and up to 20%for acquisition. Note(3) Community park fees will be paid by the District to the City when the District's current debt ratio is below 10%and the Cilys Parks and Finance Directors request the payment. Note(4) Neighborhood and/or Trails/Blvd fees shall be paid prior to recording the plat;if reimbursement is required from the City fund,it will be reimbursed to the S&I.D.as monies are available in the fund and in chronological order of the final plat approval. Note(5)Soft costs for acquisition include finance,legal,and necessaary survey costs. Note(6)Soft costs for improvements indude Finance,Legal,Design and Project Administration. Revised 7-26-01 Note(7)This money shall reimbursed by the City to the SID,but only if monies become available in the Community Park Fund. • • ,,;•.; ;.•.,y. For Office Use Only Omaha City Planning Department -' APPLICATION Date Filed Fee SUBDIVISION PLAT Receipt# Case# SID# 509 Name of Addition SAGEWOOD ( )Preliminary ( ) Revised Preliminary ( X )Final Property Owner HCN LIMITED do HERMAN NEUHAUS,841 HILLCREST ST., 402-289-0846 ELKHORN,NE 68022 (Phone) (Name) (Address) (Zip) Applicant SAGEWOOD DEVELOPMENT COMPANY,LLC 402-498-8800 by:CJ Investments,LLC.Managing Member 13215 BIRCH ST.,OMAHA,NE 68164 (Name) (Address) ) (Phone) 95�700 Engineer E&A Consulting Group,12001 Q Street,Omaha,NE 68137 8nene) (Name) (Address) (Zip) Contact Person Mark Westeraard General Location/Address 174TH&FORT STREET Total Area 157.778 (acres) Total Lots 455 1 Pro ected Total Taxable Valuation $ 79,580,000 Existing Zoning AG,AG-FW,AG-FP Development Plans: Residential Office/Commercial Value/Price Lot#'s Zoning Total Lots Acres (No.of Units) (Square Feet) (w/Improvements) $ 180.000 1-284.326-335,358-421,439-451 R4 371 89.845 371 $ 180.000 285-325,336-357,422-438 R5 80 10.679 80 452,453 DR 2,_0 22.662 OUTLOTS A,B DR 2 0.260 R-O-W 34.332 Total 455 157.778 451 Yes No X_ A homeowner's association is to be formed. If yes,attach copies of covenants. _ X Exceptions to the standard form subdivision agreement are proposed. If yes,attach a statement of changes. _ X Waivers to design standards,improvements or plat certifications are proposed. If yes, attach a request letter. _ X This subdivision will be processed as a series of phased final plats. If yes,include phase boundaries on the preliminary plat. Changes in boundaries will require a revised preliminary. qu estions you have any about this application form or submission dates,please contact the Current Planning Division at 444-5200. Applicant signature (If not the property owner, applicant signature the a licant certifies with this signature to be the authorized agent of the property owner.) September 21,2004 Robert Horgan,CJ investments LLC,Managing Member (Print or Type name of Applicant) Date submitted EXHIBIT "E", SHEET 1 OF 2 • LL 0 N W W I q Cl OI q oI of o f CO/ W ri o. 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' 3 ' i g Ir .. f 1ly _ 1b11 g��1, 1 _• 1 - _ w,,, Imo\ /\\ 7, F ,5 , [ 1.` R `` ---�• ..# ' ' �_��--- - _ +„w 4t4-'4,1r •4#4; 977- _ , - .__AV i ______ no,,„„, 5 gig" -% \ . 2 ;ill- Wn --- '' \''''' \ - a Arr, ® i'lz -if c----C))- ' g fz-T— .uw-mil • z 4r. ! _ 8 _t'. 4• 4 I I I P r 4:10 14 p r-----''-...--..."::'I--..-1:::1_E-_EJEI i, . ,. ,-..-fi- ;II —- © -7� n T" 1 a ° a � - a Pitih4S444)1," �— in vit_____, II .JJ -__ . -7 -,t'- \ \111 _1_21_ 1,.._ i,d- f_!..,\ ,1-1-1._,_ 41‘,/jQ„s. •:- ------' - ! 1 • \,_ /____________ _.„..,..„,,.../..-)) ' n a r. r. r..I a :.1 a 8. 5. 5518} i' fIEllrFFHU\ , ., .1 ri 1- fi 1 • ,__,i„.,_ ___..,_ _,__LiAi 1 , 1 _L _1 c-25a CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, Sagewood Development Company, LLC, proposes to build a subdivision to be known as Sagewood (Lots 1-453) which will be located Southeast of 177th and Fort Streets; and, WHEREAS, Sanitary and Improvement District (S.&I.D.) 509 has been formed to build public improvements in this subdivision; and, WHEREAS, Sagewood Development Company, LLC, and S.&I.D. 509 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. 509 agrees to pay $427,097.00 as a sewer connection fee to be used for the construction of the sewers in the Papillion Creek Watershed; and, WHEREAS, S.&I.D. 509 agrees to pay $38,663.00 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, Sagewood Development Company, LLC, has or will create the Sagewood Homeowners Association who will be responsible for some ongoing maintenance within the Subdivision; and, WHEREAS, Sagewood Development Company, LLC, agrees to sell portions of Lots 452 thru 455 totaling 4.82 acres to S.&I.D. 509 for $61,817.00, and agrees to donate the remaining 14.29 acres to S.&I.D. 509 all to be used as public park; and, By Councilmember Adopted City Clerk Approved Mayor c-25a- CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 2 WHEREAS, Sagewood Development Company, LLC, agrees to sell to S.&I.D. 0.6 acres of additional right-of-way for $15,390.00 to be part of the HWS Cleveland Boulevard; 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 among the City of Omaha, Sagewood Development Company, LLC, Sagewood Homeowners Association and Sanitary and Improvement District 509 of Douglas County, Nebraska, as recommended by the Mayor, providing for the public improvements, 1% administrative fee, park acquisition and donation, boulevard acquisition, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. APPROVED AS TO FORM: ac CITY ATTORNEY DATE P:\PW2\14754maf.doc 0419 pay.44t . By Councilmember Adopted N 1 6 2004 9-0 let l - City Clerk Approved 4' 1 Mayor • 1 S Z . ro .^ cn vs 2 a a o C7 a n (-) 7� 1Q � o g r , �• . 0 ' 0 yy 4. 4 4, ¢'71)1 -p A. 4. o. P w un ••�c "n cD • O 5 O ^ V r~n O C � 0, C"i ,) sID E ;,, k k . ,_+. 0 ,,_, 0 . .. a c4.-• (sr' c9 oci) CLP-' 119 ,..,.5r' (:).1 ci „, c„ 8 S .... 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