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:
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Stanley P. ,►mm Date Mayor's Office/TV &Irk Date
Acting Finance Director
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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
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respective successors and assigns.
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APPROVED AS TO FORM: SUBDIVIDER:
QUALITY CONSTRUCTION, L.L.C.
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I Apftvi BY:J'''•NNE SHARPLES
MA AGING MEMBER
EXHIBIT A
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• 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 .
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Y ATTORNEY DATE
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