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RES 2000-2633 - Subdivision agmt, Trailridge Ranches Lots 75-90r • ' () free3 • �0MAHA NF R-C.5 2633 `„�"s� RECEIVED Public Works Department t i,—? ; . n r �+ © 1 p / Omaha/Douglas Civic Center Ti®, r , : 00 SE 1 p A I I: 58 1819 Famam Street,Suite 601 N 0,- !} .►; :. September 26, 2000 Omaha,Nebraska 68183-0601 Ao - (402)444-5220+ °1 CITYCLER ° 1' FnFEBR Telefax(402)444-5248O AHJNEBRfSZ1�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 among the City of Omaha and The Noah Company, LLC and Sanitary and Improvement District (S.&I.D.) 284. This Subdivision 'Agreement covers the public improvement of Trailridge Ranches Lots 75 through 90 of Douglas County,Nebraska located Southeast of 222nd Street and Trailridge Boulevard. This Subdivision Agreement stipulates which public improvements will be built by The Noah Company,LLC in Trailridge Ranches Lots 75 through 90. 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. TO Il� ' v\ � . f3 �d on W. Elliott, k. ate Steven N. Jensen, AIC Date Director Acting Planning Directo Approved as to Funding: ed to Counc fo nsiderati , 1(:;:te,4:.,_) gi2.40 /60 .. /OD Stanley P. Ti Date Mayor's Office/Title 45 Date Acting Finance Director Appre ,ed• 7/1,� `�� �La r Foster, A ting Director /Datef Parks, Recreation& Public Property P:\PW\10835skz.doc CI Lots 75-90 SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this" day of , 64 , 2000, by and between THE NOAH COMPANY, L.L.C., (hereinafter referred to as"Subdivider"), SANITARY AND IMPROVEMENT DISTRICT NO. 284 of DOUGLAS COUNTY, NEBRASKA(hereinafter referred to as "District"), and the CITY OF OMAHA, in the State of Nebraska (hereinafter referred to as "City"). Collectively Subdivider, District and City are sometimes referred to as the "Parties". WITNESSETH: WHEREAS, Subdivider is the owner of the land included with the proposed plat attached hereto as Exhibit "A", which parcel of land is outside the corporate limits of the City and within the City's zoning and platting jurisdiction; and WHEREAS, the Subdivider is to build public improvements in the area to be developed; WHEREAS, the parties wish to agree upon the manner and the extent to which 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 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", being used interchangeably, of a type of improvement shall be deemed to include all construction costs, engineering fees, design fees, attorneys' fees, testing expenses, publication costs, financing costs, and miscellaneous costs; "financing costs"shall include all fiscal agent's warrant fees and bond fees, and interest on warrants to date of levy of special assessments. B. "Property benefited" shall mean property within the Subdivider's subdivision (Exhibit "A")which constitutes building sites. C. "Street intersections"shall mean the property areas shown on the attached street intersection drawing (Exhibit"A"). D. "General obligation" shall mean unassessable capital costs. SECTION Subdivider represents and covenants that Subdivider shall thirty days prior to the start of construction, present to the City Clerk for the benefit of the City, duly authorized and executed, binding contracts in full force and effect for the timely and orderly engineering, procurement and installation of the public improvements hereinafter set forth, according to .the terms of those contracts; A. Asphalt paving with concrete curb and gutter of all streets dedicated, per the plat (Exhibit "A"), all of said paving to be twenty-five (25) feet in width, as shown on paving plan (Exhibit "B") prepared by E &A Consulting Group and to be submitted and appproved by the City. The final plans and specifications for subparagraphs A and B of this Section I must have the approval of the City and shall be submitted to the City for approval at least thirty(30) days prior to construction; 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 the Subdivider, a copy of which is attached hereto as Exhibit "B". • C. Water distribution mains located within dedicated street rights-of way dedicated per plat (Exhibit "A") installed or to be installed by the Subdivider and located as shown on the water plan prepared by E &A Consulting Group, a copy of which is attached hereto as Exhibit"C". Water will be provided to the area set forth in Exhibit "A" by the District upon the payment of the District's water connection fee and compliance with the District's water system agreements and rules. The Metropolitan Utilities District shall approve the water system prior to recording the final plat. D. Gas Distribution mains located within dedicated street rights-of-way dedicated per plat (Exhibit "A") to be installed by Peoples Natural Gas Company. Contract with Peoples Natural Gas to be provided as soon as available but in no event longer than four(4) months from the date of the 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 between OPPD and the District will be provided as soon as available but in no event longer than four(4) months from the date 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(4) months from the date of this agreement.) G. Septic systems will serve the area within Exhibit"A"attached hereto with each lot to have its own septic tank and lateral field to serve such lot. The septic systems shall be approved by the Douglas County Health Department prior to the time of their installation and shall wherever possible be located in the front yard to ease the future connection to public sewers A future sanitary sewer system will be installed as shown on Exhibit "D" to serve lots 75-90, inclusive, Trailridge Ranches. The future sanitary sewer system will be installed when the Interceptor Sewer is extended to serve the Subdivision. The cost to construct the sewer shown on Exhibit "D" attached hereto will be paid by the adjoining property owners. The Subdivider has granted easements for a future sanitary sewer line as shown on Exhibit"D" attached hereto. H. Sidewalks along both sides of all public 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 vacant lots on either side of any block or cul-de-sac(i.e. circle)as soon as the lots comprising sixty-five percent (65%) of the abutting footage on such side have been built upon. (2) Sidewalks shall be constructed immediately abutting built-upon lots as soon as weather permits. 2 (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. I. Grading, erosion and sediment control as shown on Exhibit "E" attached hereto shall be initiated by the Subdivider as an integral part of the grading contract for the site. J. Plans and specifications which properly and adequately address the drainage at 220th Street in the vicinity of Trailridge Boulevard as referred to in the Thompson, Dreessen & Dorner letter of July 8, 1998 and the E & A Consulting Group letter of August August 4, 2000 shall be prepared and submitted by the Subdivider to the Board of Trustees and the District's engineers for their review and written approval prior to the time that the Subdivider submits such plans and specifications for bids to contractors. SECTION II A. The credit or funds of the District created shall not be used for engineering, procurement or construction of any improvements within the boundaries of the District, except those specified herein. By way of specification, and not by way of limitation, the parties agree that the District shall not incur any indebtedness or otherwise involve its credit or expend any of its funds in the construction, acquisition, or improvement of any swimming pool, golf course, playground, or other recreational facility, without express prior approval of the City. All public improvements will be installed by the Subdivider or adequate financial guarantees shall be given by the Subdivider prior to the City Engineer placing his second signature on the plat. SECTION III The entire cost of all public improvements which are set forth in Section I shall be paid by the Subdivider. One hundred percent(100%) of the entire cost of the 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. The District may also pay for the repair and maintenance of the public improvements installed within the area described in Exhibit"A" attached hereto from its operating fund. SECTION IV Credit or funds of the District may be used to pay for any public improvements specified in this Agreement, but not for any other purpose. PROVIDED, HOWEVER, the District may issue warrants for the purpose of paying for repairs, maintenance, and operating costs of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair, and reconstruction of a public improvement shall not be a general obligation of the District without the prior written approval of the City. The District shall not acquire any interest in real property without the prior approval of the City. SECTION V A. 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 3 r + succeed to said District's power to levy special assessments, that City will levy same in accordance -with this Agreement. B. Nothing in this Agreement shall be construed so as to oblige the City to annex the area to be developed of any part thereof. C. The District shall not sue, nor fund any lawsuit, to prevent the annexation of the property described in Exhibit"A" attached hereto by the City, except in the case of a partial annexation the District does not waive its right to contest a proper division of assets and liabilities. Further, the District does not waive its right to sue, nor fund any lawsuit, to prevent annexation by the City of property within the District which is not included within the property described in Exhibit"A"attached hereto. SECTION VI Subdivider covenants and agrees to 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 thereof. The Subdivider shall submit to the District prior to the time of commencing construction, the plans and specifications for all improvements, including grading, for the controlling, directing and distribution of surface run-off and storm waters, including but not limited to, their discharge points, the intensity and volume, the direction of such flow and any structures to be constructed or grading to be performed relative to the controlling, directing, gathering, and distribution of surface run-off waters within the District. SECTION VII The District shall levy an annual tax levy sufficient to fully comply with Nebraska Budget Act. SECTION VIII The District and Subdivision shall not discriminate against any parties on account of race, national origin, sex, age, and political or religious affiliations in violation of federal or state laws or local ordinance. SECTION IX A. Payment for Construction of Interceptor Sewers. The Subdivider shall make payment to the City of Omaha the fee in the amount of Ten Thousand Seven Hundred Seventy-One Dollars and Twenty Cents($10,771.20)for the construction for interceptor sewers. The fee is computed as follows for the lot shown on the final plat (Exhibit "A"). Lots 75 through 90, being 16 single-family lots at$673.20 per lot. If such areas are replatted or the use of such lots is changed, the fee charged shall be changed by the City on the basis of the waste water flow generated compared to that generated by single-family residences. B. Additional Plats. In the event the Subdivider shall plat additional lots which will be in the District which he wishes to connect to the Omaha Sewer System, this agreement shall be amended by the parties to provide payments of the current fee for the additional lots before any sewer permits are issued by the City of Omaha. 4 SECTION X A. Installation of entrance signs or related fixtures and any median landscaping and related fixtures for the area within Exhibit"A" attached hereto shall be paid for by the Subdivider. Plans for such proposed improvements that. are to be located in public right-of-way and a proposed maintenance agreement for the improvements must be submitted to the City for review and approval prior to the installation of improvements. B. No separate administrative entity nor joint venture, among the parties, is deemed created by virtue of this Subdivision Agreement. C. The administration of this Subdivision Agreement shall be through the office of the undersigned officers for their respective entities. D. The erosion control plan between the Subdivider and PMNRD is attached hereto and incorporated herein as Exhibit "E". Costs for erosion control shall be paid by Subdivider. Papio- Missouri River Natural Resources District must approve said plan prior to City Engineer's second signature. E. Binding Effect. This Subdivision Agreement shall be binding upon the parties, their respective successors and assigns and run with the land shown on Exhibit "A" attached hereto. 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: J 7 #_ CITY-to 0 'H 0,4 B GI r/co Date Mayor Date SANITARY & IMPROVEMENT DISTRICT ATTEST: NO. 284 OF DOUGLAS COUNTY, NE 9"- BY' 4 VWUN'/ `/1/2(X° lerk / / Date Chairman Date THE NOAH COMPANY ATTEST: eup.--xt ,ro-a4vm ,/i (oo By A Date' Timf#erte M m r Date APPROVED A TO FORM' Ci y Attorney Date STATE OF NEBRASKA ) COUNTY OF DOUGLAS )SS. Tl?e foregoing Agreement was executed before me on this day of , , 2000, by VA,ALk y�rQ f 5�� , the Chairman, andVobzrtSacs- cb .., the Clerk, f Sanitary and Improvement Distnct No. 284 of Douglas County, Nebra /� as officers on behalf of such District. ;,�,t"i�¢�1 ANN C.WADE 3' ^-mac . 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E8 z sf I U 4 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr September 26, 2000 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, The Noah Company, LLC and Sanitary and Improvement District (S.&I.D.) 284 proposes to build a Subdivision, Trailridge Ranches Lots 75 through 90, which will be located Southeast of 222nd Street and Trailridge Boulevard; and, WHEREAS, The Noah Company, LLC proposes each lot will have a septic system to treat wastewater; and, WHEREAS, the parties wish to agree upon the manner in which public improvements will be built by The Noah Company, LLC and to clarify the responsibilities of the parties in building and maintaining the improvements in the subdivision; and, WHEREAS, The Noah Company, LLC agrees to pay $10,771.20 as a sewer connection fee to be used for the construction of the sewers in the Papillion Creek Watershed; 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 and The Noah Company, LLC and Sanitary and Improvement District (S.&I.D.) 284, as recommended by the Mayor, providing for public improvements,is hereby approved. APPROVED AS TO FORM: aIS T CITY ATTORNEY DATE �J PAPVV\10836skz.doc / - By Councilmember Adopted -S E P 6 2000 i 4 r PA, / lerk Approved . - �` k Mayor » § /2 ? O & . \ ƒ Cr 1-1 0 } 4 \ @ . _ $ - d \ k ; •ƒ w • CD 0 0 q � � O td Ado 00 _ R k ) / , a \ ? PI M / . _ 0 CD C4 CA C43• / C Cr j (t p % '5 R §- ? / \ j. . 5 / F ° ` o_ o J = C 7 \ . P I NI . �CM? y, -, 0) \ cm n \ n °U. Uflfl . . Ci \ .