RES 2004-0505 - Subdivision agmt, Avalon North O�pMAHA,N4
,� T i RECEIVED Public Works Department
ti°yr �\ Omaha/Douglas Civic Center
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A 1819 Farnam Street,Suite 601
April 27, 2004
Omaha,Nebraska 68183-0601
9ooR'�eD FEBRVrP�ry CITY CLERK (402)444-5220
4MAHA, NEBRAS�iA Telefax(402)444-5248
City of Omaha Norm Jackman,P.E.
Mike Fahey,Mayor Acting Public Works Director
Honorable President
and Members of the City Council,
The attached Resolution approves the Subdivision Agreement among Ida Street LLC,
Deerwood/Avalon North Homeowners Association, Inc., Sanitary and Improvement District
(S.&I.D.) 490 of Douglas County,Nebraska and the City of Omaha. This Subdivision Agreement
covers the public improvement of Avalon North(Lots 94-189), a subdivision located Northwest of
Blair High Road and Potter Street.
This Subdivision Agreement stipulates which public improvements will be built by S.&.I.D. 490,
those which will be paid for by special assessment and those to be paid for by General Obligation of
S.&I.D.490. The estimated total cost of improvements is$1,932,823.00 of which$918,269.00 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
$7,412.00, 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 Depaitinents to facilitate the processing of
developments. If S.&I.D. 490 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.
• '� `� S °9 G QPI`te" Ja Tian, P.E. Date Robert C. Peters Date
Acting Public Works Director Planning Directo
Approved as to Funding: Referred to City Council for Consideration:
wit l s J ��
4 /4
y P. T m Date Mayor's Office Date
Finance Director 1
Approv
Larry N. Foster, Acting Director D e '
Parks, Recreation and
P:\PW2\5304sap.doc Public Property Department
SUBDIVISION AGREEMENT
AVALON NORTH LOTS 94 THROUGH 189, INCLUSIVE
AND OUTLOT"A"
THIS AGREEMENT made and entered into this as/ day of r , 2004
by and between Ida Street, L.L.C., a Nebraska limited liability company, (her inafter referred
to as "Subdivider Avalon North, Lots 94-189 and Outlot "A", hereinafter referred to as
"Subdivider"), Deerwood/Avalon North Homeowners Association, Inc., a Nebraska non-profit
corporation (hereinafter referred to as the"Association")and Sanitary and Improvement District
No. 490 of 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").
W ITN ESS ETH:
WHEREAS, Subdivider is the owner of the land included with the proposed plat
attached hereto as Exhibit"A", which parcel of land also known as Avalon North Lots 94 through
189 and Outlot"A", is outside the corporate limits of the City and within the City's zoning and
platting jurisdiction;
WHEREAS,the Subdivider propose 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 Total Area to be Developed to the sewer
system of the City; and
WHEREAS, the Subdivider has or will create the Deerwood/Avalon North
Homeowners Association, Inc., hereinafter"Association"comprised of all of the property within
the area to be developed; and
WHEREAS, the parties wish to agree upon the manner and 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, attorney's 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 assessment shall mean within six (6) months after acceptance of the
improvement by the Board of Trustees of the District.
B. "Property benefitted" shall mean property within the Subdivider's subdivision
(Exhibit"A")which constitutes building sites. Outlots are not considered building •
sites.
C. "Street intersections" shall be constructed to mean the area shown on the
attached street intersection drawing (Exhibit "D").
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 (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
prepared by RD Engineering, Inc., a copy of which is attached hereto as Exhibit
„D„
B. 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 prepared by
RD Engineering, Inc., a copy of which is attached hereto as Exhibit "C".
C. 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 layout prepared by RD Engineering, Inc., 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 four(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 four (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 to
be installed by the Omaha Public Power District. (Contract with OPPD will be
provided as soon as available but in no even longer than four (4) months from
the date of execution of this agreement).
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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:
(1) 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 (65%) percent 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.
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 (100%) percent of the entire cost of all street and sidewalk
construction shall be paid by special assessment against the property benefitted
within the area to be developed, except for street intersections and certain extra-
width and major street paving which may be a general obligation, as indicated
in Exhibit "D". Any landscaped areas within the traffic circles shown on Exhibit
"D"shall be approved by the City Public Works and Parks Departments and shall
be paid for privately and maintained by the respective Association.
B. One hundred (100%) percent of the entire cost of all sanitary sewers, including
manholes and other appurtenances, shall be paid by special assessment against
property benefitted 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 "B".
C. The cost of storm sewers and appurtenances may be a general obligation of the
District.
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• D. One hundred (100%) percent of the entire cost of water distribution system
serving the area to be developed shall be specially assessed against the property
benefitted within the area to be developed, except water lines that exceed eight
(8) inches in diameter, in which case the difference in cost between the eight (8)
inches in diameter may be a general obligation of the District. One hundred
(100%) percent 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 (100%) percent 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. 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"E". 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 each Subdivider for each respective subdivision. Rerrioval
of said sediment and erosion control measures shall be a general obligation of
the District. All silt basins are to remain in place until seventy-five (75%)
percent of the drainage sub-basin serviced by these erosion control measures are
fully developed, or 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.
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K. It is mutually agreed that the District shall pay a fee of one (1%) percent 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 and is estimated to be $7,412.00 as shown on the
Source and Use of Funds form attached as Exhibit"G". The fee shall be paid for
all District contracts issued for public improvements. The fee may be 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
from unless such project has been contracted for. In such instance, the fee shall
be paid on the actual contract 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 cost
certificate. 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 certified costs and letter submitted to the Public Works
Department. Such refund shall be paid within thirty (30) days.
L. The District has been authorized to spend $119,700.00 plus soft costs of up to
twenty (20%) percent thereof for acquisition of Lot 2, Deerwood for park
improvements and $228,810.00 plus soft costs up to forty (40%) percent thereof
for a total authorized park expenditure of $463,940.00.
M. Attached hereto as Exhibit"F" is a Park Fee Calculation for all the property within
the District. Such exhibit reflects that the total Neighborhood Park Fee is
$124,674.00 (125.3 acres x $995/acre = $124,674.00). Therefore after credit
for such fees the District is entitled to a reimbursable per Exhibit "F" of
$289,430.00 from the fund the City establishes for the Deerwood Park.
The City will reimburse the District all monies collected from the adjoining
developments that contribute their Neighborhood Park Fees toward the Deerwood
Park. It is understood by the District and the City that the only sources of
repayment shall be limited to the Park Development Fund for the Deerwood Park.
The Park Fee Calculations on Exhibit"F"supercede the Park Fee Calculations set
forth on the Subdivision Agreement between the parties dated August 28, 2003.
N. The Subdivider has previously agreed, as a contribution to the District, to make
additional improvements to the park by way of installing thirty (30) deciduous
trees of approximately 5-foot caliper and decorative landscaping, all totaling
approximately $25,000.00.
O. The District shall make a payment to the City of $5,685.00 (27.2 acres x
$209/acre) as a trails/boulevard fee for the land shown on Exhibit "A" prior to
recording the final plat. The payment is for the area contained on Exhibit "A".
P. The District shall make a payment to the City of $11,179.00 (27.2 x $411.00 =
$11,179.00) for Community Parks when the District's current debt ratio is below
10% and the City's Parks and Finance Directors request the payment. The
payment is for the area contained on Exhibit "A".
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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. Storm warning sirens purchase or
installation are not to be a General Obligation of the District or payable over more than two (2)
years from installation, PROVIDED, HOWEVER,the District may issued 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 therefrom 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 the 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 property
division of assets and liabilities.
SECTION V
Subdividers and District covenant and agree that the District created by the
Subdividers 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.
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•
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 costof each of
( ) c type
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 the 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 the 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 centsper $100 of taxable valuation for all tax collectionyears through the
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year that all District warrants can be paid on a cash basis and/or are converted
to bonded debt.
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.
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C. The District's Board of Trustees agrees to adopt tax rate levies sufficient to fund
the succeeding years general fund bond 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 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 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
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• 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 it sewage
system. The prohibition provided for herein shall not apply to the retention of
any 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 direct or indirectly with
or into sewers or sewage systems of he 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 o 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 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 obligations of the
Sanitary and Improvement District.
SECTION IX
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• A. Payment for Construction of Interceptor Sewers
The District shall make payment to the City of Omaha for the fee in the amount
of $90,912.00 for the construction of interceptor sewers This fee is computed
as follows for the lots shown on the plat (Exhibit "A").
Lots 94 through 189, Avalon North (single-family)
$947.00 per lot consisting of 96 lots equals $90,912.00
If the area is replatted or the use of the lots is changed, he fee charges shall be
changed by the City on the basis of the wastewater flow generated compared to
that generated by single-family residences.
B. Additional Plat.
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 Fee for the area described in Section
IX-A and shall be collected by the District as a Special Sewer 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 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 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 sewer 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.
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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.
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 for their respective subdivisions.
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 Subdivider shall transfer ownership of outlots to the Association
• contemporaneously with the filing of the final plat. Outlot A shall be owned and
maintained by the Association as common area. The Association shall have the
right to seed,sod, landscape, install trees, install a subdivision entrance sign and
install other improvements which are ordinarily installed at subdivision entrance
areas by associations so long as such improvements do not interfere with the
public right-of-way, including maintaining proper sight distance for operators of
motor vehicles. No District funds shall be used for the acquisition, improvement
or maintenance of common areas.
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E. The District will enter into an Interlocal Cooperation Agreement with the State of
Nebraska Department of Roads, acceptable to the City providing for the
improvements necessary for the connection of Potter Street to Blair High Road.
Such improvements will include a left turn lane and perhaps a right turn decel lane.
Unless otherwise permitted by the State, Potter Street will not be connected until
such agreement is approved.
F. This Subdivision Agreement shall be binding upon the parties, their respective
successors and assigns and shall run with the land 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.
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ATTEST: CITY OF OMAHA
By: •:12-t
"'TY.CLERK MAYOR — ate�
ATTEST; SANITARY AND IMPROVEMENT DISTRICT NO.
490 OF D GLAS CO NTY, NEBRASKA
By: 37-
ha' m - Date
SUBDIVIDER: LOTS 94 THROUGH 189 AND
OUTLOT"A", AVALON NORTH
IDA STREET, L.L.C., a
Nebraska limited liability company
By:
Barbara Udes Shaw, Manager Date
ATTEST: DEERWOOD/AVALON NORTH HOMEOWNERS
ASSO TION, INC., a Nebraska non-profit
corp rat n
/rer
By:
i rOsident Date
;y1fIck McDonc_V
APPROVED AS TO FORM:
cp_ k/C)1(
ASSIS± CITY ATTORNEY
12
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
Before me the undersigned, Notary Public,appeared Eugene]. Graves,Jr.,Chairman
and Jana L. McDonald, Clerk, of Sanitary and Improvement District No. 490 of Douglas County,
Nebraska and acknowledged their execution to be their voluntary act and deed and the voluntary
act and deed of said District. o`"�"'‘I II ""''�
WITNESS my hand affd otariia�,gvatathis day ofVI76?-4. -A-d 2004
('"'"OF...NE:....... Notary Public
�11/p,I,IIIIlt'"�
MY COMMISSION EXPIRES:
STATE OF NEBRASKA ) JULY 26,2005
) ss.
COUNTY OF DOUGLAS )
Before me the undersigned, Notary Public, appeared Barbara Udes Shaw, Manager,
Ida Street, L.L.C., a Nebraska limited liability company and acknowledged his/her execution to be
his/her voluntary act and deed and the voluntary are „ jd deed of said company.
aa nu,, LTh
,�
WITNESS my hand and Notaria ........ % day of '-) 2004
�'•!� WrAtlblis
iNpumEj3
MY COMMISSION EXPIRES:
STATE OF NEBRASKA ) JULY 20,2005
) ss.
COUNTY OF DOUGLAS )
Y'h6 A .
Before me the undersigned, Notary Public, appeared --esesiri,to me known
to be the President of the Deerwood/Avalon North Homeowners Association, Inc., a Nebraska non-
profit corporation and acknowledged her execution to be her voluntary act and deed and the
voluntary act and deed of said corporation. onollio
WITNESS my hand and N,� i. lax-iis day of 1,7a,c...c.-4—, 2004
!'O 9 N' miry Public
MY COMMISSION EXPIRES:
JULY 26,2005
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,Ida Street LLC proposes to build a subdivision to be known as Avalon
North(Lots 94-189) which will be located Northwest of Blair High Road and Potter Street; and,
WHEREAS, Sanitary and Improvement District (S.&I.D.) 490 will build public
improvements in this subdivision; and,
WHEREAS, Ida Street LLC and S.&I.D. 490 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. 490 agrees to pay$90,912.00 as a sewer connection fee to be
used for the construction of the sewers in the Papillion Creek Watershed; and,
WHEREAS, S.&I.D. 490 agrees to pay $7,412.00 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.490 agrees to pay the City$5,685.00 for a TrailsBoulevard Fee
as contained in the City's Park Master Plan; and,
WHEREAS Ida Street LLC has or will create Deerwood/Avalon North Homeowners
Association, Inc., who will be responsible for identified ongoing maintenance as contained in the
Agreement; and,
By
Councilmember
Adopted
City Clerk
Approved
Mayor
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
✓ Omaha,Nebraska
PAGE 2
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, Ida Street LLC,
Deerwood/Avalon North Homeowners Association,Inc.,and Sanitary and Improvement District 490
of Douglas County, Nebraska, as recommended by the Mayor, providing for the public
improvements,administrative fee,trails/boulevard fee,and sewer connection to the Omaha Sanitary
Sewer System, is hereby approved.
P:\PW2\5305sap.doc APPROVED AS TO FORM:
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1S4-7 CITY ATTORNEY DATE
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