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RES 2000-3128 - Subdivision agmt, Benson Garden Replat Nine 5C4 bi '" +ter r ` ot 1�4':f; . Public Works Department �t,•�tj/�'!� Q (I�f Omaha/Douglas Civic Center OPC ��, r � � ,. 1819 Famam Street,Suite 601 2: - • December 5, 2000 �Q` �? Omaha,Nebraska 68183-0601 Aoq� yti1! { (�# (402)444-5220 4443 FEnss' ,f� � 1 �l Telefax(402)444-5248 City of Omaha � � Don W.Elliott,P.E. Hal Daub,Mayor Public Works Director Honorable President and Members of the City Council, • The attached Resolution approves the Subdivision Agreement between the City of Omaha and Quality Construction, LLC. This Subdivision Agreement covers the public improvement of Benson. Garden Replat Nine of Douglas County,Nebraska located Southwest of 79th and Lake Streets. This Subdivision Agreement stipulates which public improvements will be built by Quality Construction, LLC in Benson Garden Replat Nine. The entire cost of improvements made in this development will be paid by the Subdivider. The Subdivision Agreement will benefit the City of Omaha and the Subdivider in clarifying the responsibilities of the parties in building and maintaining the improvements in the subdivision. 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. /41\.) /O !3 1; 1/\. t/ •0s Don W. Elliott, P.E. ate Steven.N. Jensen,AI Date Director Acting Planning Direct Approved as to Funding: Referre• Council for Consi/r,! ion: Z-(0 /1S/3�a '�; • Stanley P. ,►mm Date Mayor's Office/TV &Irk Date Acting Finance Director P:\PW\I 1088skz.doc - • `98048 SUBDIVISION AGREEMENT This Subdivision Agreement, made this 1 day of C.Sxriinst.,\, 2000, by and between QUALITY CONSTRUCTION, L.L.C., (hereinafter referred to as "Subdivider"), and the CITY OF OMAHA(hereinafter referred to as "City"). WHEREAS, the Subdivider is the owner of the land shown on the proposed plat attached hereto as Exhibit "A" (hereinafter referred to as "Property"); and WHEREAS, the Subdivider proposes to build public improvements on the property; and WHEREAS, the Subdivider wishes to connect the system of sanitary sewers to be constructed within the property to the sewer system of the City of Omaha; and WHEREAS, the Subdivider and the City desire to agree on the method for the installation and allocation of expenses for public improvements to be constructed in the property. NOW, THEREFORE, in consideration of the above, the following is agreed between the parties hereto: 1. Public 'Improvements. All public improvements required for this subdivision are in place. 2. Water, Gas and Electrical Power. The Subdivider agrees to enter into an Agreement with the Metropolitan Utilities District regarding all water and gas line extensions on the property, and into an Agreement with the Omaha Public Power District for power lines to be installed on the property. Copies of all Agreements with the Metropolitan Utilities District and the Omaha Public Power District will be provided to the City within four months from the date of this Agreement. 3. Installation of Improvements. The Subdivider agrees to commence the timely and orderly installation of the improvements following execution of this Agreement, pursuant to Section 53-9 of the Omaha Municipal Code. 4. Payment for Improvements. The Subdivider shall pay the cost of the improvements, as well as all charges by the Metropolitan Utilities District for water and gas line installation and charges by the Omaha Public Power District for underground electrical service or overhead power installations. 5. Sidewalks. Sidewalks along both sides of all public and private streets within the area to be developed shall be constructed by the Subdivider according to the following schedule: (1) Sidewalks shall be constructed immediately abutting the undeveloped lots on either side of any block or cul-de-sac (i.e. circle) as soon as the lots comprising 65% of the abutting footage on such side have been developed. A lot shall be developed for the purpose of this section when a dwelling has been constructed on the lot. (2) Sidewalks shall be constructed immediately abutting developed lots as soon after development as weather shall permit. 4 - • (3) In any event, all sidewalks shall be constructed upon both sides of public and private streets within the property within three years of the recording of the subdivision plat. 6. Right to Connect to City Sewer System. The City hereby acknowledges that it has given the Subdivider the right to connect the sanitary sewer service lines within the property to the City sanitary sewer system, subject to obtaining proper permits and paying the regular fees. 7. Binding Effect. This Subdivision Agreement shall be bindingupon the parties, their 9 P respective successors and assigns. CI OMA jy if r APPROVED AS TO FORM: SUBDIVIDER: QUALITY CONSTRUCTION, L.L.C. D /1/Ino I Apftvi BY:J'''•NNE SHARPLES MA AGING MEMBER EXHIBIT A • r 0 W qK g110¢CCU "Cr-aatn 1002i r5M1t"Y.q7 SrGigO i ! l' S2JOA3A2lf1S •Sb3NNVld• Sil33NION3 -3NI'df10NJ ONIllf1SN00 V3 MIN 1V1d3H 1rld yoNw e0a NOSN38 F 11 o��U I lt i S 7 s €i _ii3- iflII1PIIUit T t.. 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Z � O� s�� 9Z78 .00.9f ,OO'9f .88'OS d .09VOZ V .PI= 3.91.10.00N g .„ ^ ss 0 r0 v • C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr December 5, 2000 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, Quality Construction, LLC proposes to build a Subdivision, Benson Garden Replat Nine, which will be located Southwest of 79th and Lake Streets; and, WHEREAS,Quality Construction,LLC wishes to connect to Omaha's sewer system, the system of sanitary sewers to be constructed by the subdivider within the area to be developed; and, WHEREAS, the parties wish to agree upon the manner in which public improvements will be built by Quality Construction, LLC and to clarify the responsibilities of the parties in building and maintaining the improvements in the subdivision; 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 between the City of Omaha and Quality Construction, LLC, as recommended by the Mayor, providing for the public improvements and sewer connections to the Omaha sewer system, is hereby approved. APPROVED AS TO FO . /-//-D4 Y ATTORNEY DATE PAPw\l 1089skz.doc I eilr Byafre") , y`J ` \ Counc'imember Ado ted DEC/. 5 2 OO --. p '� I -- ' '�--eityClerk Approved. I® i , - - ., /or/o, a v O r � ,' b r cc?) • ".CD • F wpOQ Np b o �' d � � � O � O � � Z C7 CA �' (El. C a r r n P C O � � 0 E. - ._ n � by CA r to C A r,L, H 0 ,,,,1.!, ,<,,,-,,...,.1 .i' \ CDGCD c4 q Cr ' 'z � �Cr) o.. • • .` f 1 r, t .Y 3_.