RES 2000-0114 - Subdivision agmt, Hillsborough Pointe #2 yes
8,f MAHA,_
N
� Public Works Department
• st1:;,t.r r
r r� Omaha/Douglas Civic Center
D
xc,®.
��jslflr( '�+« � December 21 , 1999 []�, 9 DEC 15 f{1l 8: 1819 Farnam Street,Suite 601
Omaha,Nebraska 68183 0601
7A `^ (402)444-5220
�f g t f—E' Telefax(402)444-5248
�TFDFEBRo
r �!'��fji�a ���a. �til�eo3, ��� !'i
City of Omaha a's 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 Hillsborough Pointe, LLC,
Sanitary and Improvement District (S.&I.D.) 432 of Douglas County, Nebraska and the City of
Omaha. This Subdivision Agreement covers the public improvement of Hillsborough Pointe
No. 2, a subdivision located Northwest of 146th and Sprague Streets.
This Subdivision Agreement stipulates which public improvements will be built by S.&.I.D. 432,
those which will be paid for by special assessment and those to be paid for by General Obligation
of S.&I.D. 432. The estimated total cost of improvements is $66,718.00 of which $15,400.00 will
be paid by General Obligation. If S.&I.D. 432 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.
� goDon W. Elliott, P.E. Borate Robert C. Peters D t
Director Acting Planning Direct
A-p roved as to Funding: Referred t City Council for Consideration:
/ /#01
Louis A. D'Ercole bate Mayor's Office Date
Finance Director
Appr ed:
I 91
Larry N. Foster, Acting Director ate
Parks, Recreation and Public Property
P:\PW1\6914maf.doc
•
•
SUBDIVISION AGREEMENT
TIES AGREEMENT, made and entered into this cAQliday of 04by and
between HILLSBOROUGH POINTE, L.L.C.; a Nebraska Limited iability mpany (hereinafter
referred to as "Subdivider"), SANITARY AND IMPROVEMENT D TRICT N . 432 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").
WITNESSETH
WHEREAS, the 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 "Property") is outside the
corporate limits of the City and within the City's zoning and platting jurisdiction; and,
WHEREAS, the Subdivider, the District and the City entered into a previous Subdivision
Agreement (hereinafter referred to as "Previous Agreement"), adopted by the City Council of the City of
Omaha on January 12, 1999,. via Resolution No. 87, setting forth certain conditions; and
WHEREAS, the Property shall be subject to all applicable conditions and requirements of the
Previous Agreement; and,
WHEREAS, the Previous Agreement provided for public improvements to.Sprague Street which
are required to serve the Property; and,
WHEREAS, the Subdivider and the District wish to connect the system of sanitary sewers to be
constructed by the Subdivider within the Property to the sewer system of the City.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Public Improvements. Attached hereto as Exhibit "B" and incorporated herein by reference is a
copy of an Interlocal Cooperation Agreement previously entered into by the District and Sanitary
and Improvement District No. 409 of Douglas County, Nebraska, which provides for the
construction of sanitary sewer, storm sewer and paving in Sprague Street adjacent to the property
to be developed. Said agreement identifies the allocation of expenses for public improvements to
be constructed.
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. Payment for Improvements. The cost of public sanitary sewer, storm sewer, and pavement in
Sprague Street shall be paid for by the District according to the terms of the Interlocal
Cooperation Agreement attached hereto as Exhibit"B". The District may enter into contracts for
water, gas and power subject to the conditions of the"Previous Agreement".
4. Sidewalks. The Subdivider shall pay the cost of all sidewalks along the public street abutting the
"Property"according to the following schedule:
a. Sidewalk shall be constructed along Sprague Street as soon as Lot 1 has been developed.
A lot shall be developed for the purpose of this section when dwellings have been
constructed on the lot.
b. Sidewalks shall be constructed immediately abutting developed lots as soon after
development as weather permits.
b. In any event, all sidewalks shall be constructed upon both sides of all public streets
abutting the "Property"within three years of the recording of the subdivision plat.
5. Right to Connect to City Sewer System. The City hereby acknowledges that it has given the
Subdivider to connect the sanitary sewer system of the property to the City sanitary sewer system,
subject to obtaining proper permits and paying the regular fees.
This property is located in the Papillion Creek Watershed. Therefore, the District shall make
payment to the City in the amount of $51,321.60 which is determined as set forth below. Credit
or adjustments may be made to such fees at the time of actual construction if there have been any
changes in the fee or in the actual land uses. The fee is computed as follows for the lot shown on
the plat:
144 apartment units at$356.40 per unit=$51,321.60
6. Binding Effect. This subdivision agreement shall be binding upon the parties, their respective
successors, and assigns.
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 iS_ AHA
�21' By: �!�
CITY ERK MAYOR TE
ATTEST: SANITARY AND IMPROVEMENT DISTRICT
NO. 432 OF DOUGLAS COUNTY,NEBRASKA
By: X JA_Nya,---4 eG 3 101
C BRK4CHAIRMAATE
ATTEST: HILLSBOROUGH POINTE, L.L.C.,A NEBRASKA.
LIMITED LIABILITY CO ANY
X By: By: X r-
AGING MEMBER 4ZTE"19f
APPROVED AS 0 FORM:
ATTORNEY
ATE: %af—I-95
TD2 File No. 217-133No.2(.22)
1
NO .HILS1O1- 'S' UGH POINTE 2
• LOT 1
BEING A PLATTING OF PART OF THE EAST 1/2 OF THE SE 1/4 OF
SECTION 2, T15N, R11E OF THE 6TH P.M., DOUGLAS COUNTY, NEBRASKA.
I
0
NE CORNER OF THE EAST 1/2 OF THE ///i
SE 1/4 OF SECTION 2, T15N, R11E OF THEJ
6TH P.M., DOUGLAS COUNTY, NEBRASKA.
I
N89'57'14"E , 260
330.70' ,
o 330.70' a`,
2,
'x>. 66.,'\ 1 261
o
I I 262
• I i
263
i -
•
I I I 264
I W I--
W 2.65
ID LOT 1 co- �_
W 1 I I
c0- 0, 310,743 sOuARE FEET - Cl o
!n(7 cp M 1 1 tn
266
O• re) m In 1 _-"---
ZO
LOT I I -c i ..F„ 1r
HILLS50R000i POINTE t
at
et I 268 O
I
m
I N
; 269
Ia.
I _.1I ' 270
7 I I I —
I.
I I
��" o SO._ //�B GINNING i I 272
SPRAGUE _ouTLeT L....._.1"s.0�
--._...__._..........--�—`— �1 ..A.. I 272.
STREET I —._--
--- \• I I
274
WEST WEST ��
145.58' 185.12' ' \ --
1 {
--__ SPRAGUE STREET HILLSBOROUGH
.__.._._.......... DRIVE
El
1 500 —
L.01 1 I
LOT 3 , 1 I
HIL L S _ 0 0 U G H 'W I E S T �..—_--
501
ii
MIEDL
EXHIBIT "A" THOMPSON, DREESSEN
NOV. 24, 1999 & DORNER. INC.
TD2 217-133 NO. 2 L s& and S
10636 OLD ILL Ie.
I pWlt t 69w m15a
217133EXA.DWG
Iniii
0' 50' 100' 200"
SCALE IN FEET
• •
INTERLOCAL COOPERATION AGREEMENT
SANITARY AND IMPROVEMENT DISTRICT #409
SANITARY AND IMPROVEMENT DISTRICT #432
This Agreement is made and entered into by and between SANITARY AND IMPROVEMENT
DISTRICT NO. 409 OF DOUGLAS COUNTY, NEBRASKA (hereinafter referred to as "SID 409") and
SANITARY AND IMPROVEMENT DISTRICT NO. 432 OF DOUGLAS COUNTY, NEBRASKA
(hereinafter referred to as "SID 432").
PRELIMINARY STATEMENT
SID 409 is presently undertaking the development of the real property legally known as
Hillsborough West which abuts the northwest corner of 144th and West Maple Road, in Douglas
County, Nebraska. SID 432 is presently undertaking the development of the real property legally
described as Hillsborough Pointe which abuts the north side of Hillsborough West, west Of 144th
Street, in Douglas County, Nebraska.
It is in the best interest and would be mutually advantageous to SID 409 and SID 432 to
improve at this time, pursuant to this Agreement, that portion of Sprague Street shown on the site
plan (the site plan) attached hereto as Exhibits "A", "B", and "C", and incorporated herein by this
reference. Such improvement shall include, without limitation, the grading of Sprague Street as is
shown on the attached Exhibit "A". Included in this project will be relocation of utilities, storm
sewers and other drainage facilities, reconstruction of roadways, and related improvements,
hereinafter referred to as the "Improvements."
NOW, THEREFORE, in consideration of the covenants herein set forth, SID 409 and SID 432
do hereby agree and contract with each other as follows:
1. No Administrative Entity. There shall be no separate legal or administrative entity
created to administer this Agreement and, therefore, no separate budget established for such an
entity.
2. Plans and Design. SID 409 will contract with Thompson, Dreessen & Dorner, Inc.,
registered engineers in the State of Nebraska, for the preparation of plans and specifications for the
Page 1 of 10
-1- Exhibit "B"
.
construction of the improvements. The final plans and specifications shall be subject to approval by
each of the parties hereto which approval shall not be unreasonably withheld. Engineering design
fees shall be divided equally between SID 409 and SID 432. However, construction administration,
construction management, the public bidding of the Improvements shall be the exclusive
responsibility of SID 409.
3. Right-of-Way. All right-of-way or easements deemed necessary for the construction
of this project located within the boundaries of SID 409 and SID 432's development will be
provided by the parties at no cost.
4. Construction. SID 409 agrees to cause ttie-Tnaprovements to be constructed in
accordance with the plans and specifications approved by the parties hereto in accordance with
Paragraph 2. During the course of the construction of the Improvements, SID 409 and SID 432
may at any time cause inspection of the work to insure compliance with the final plans. and
specifications. The parties hereto agree that SID 409 will own, operate, and at its cost, maintain
the Improvements upon completion. SID 409 shall provide project management.
5. Payment of Construction Costs. All construction costs for the Improvements shall
be paid as follows: Upon "Award of Contract," SID 409 will bill SID 432 for fifty percent (50%) of
their share of the contract amount for the Improvements and SID 432 shall pay such costs within
thirty (30) days after receipt of such statement. Subsequently, SID 409 shall submit monthly
statements for the actual costs incurred in connection with the construction of the Improvements
and SID 432 shall pay such costs within thirty (30) days after receipt of such monthly statements.
Any adjustments in actual costs shall be made upon completion of such construction contracts.
Estimated construction costs are indicated on Exhibits "O-1", "O-2", "0-3" and "D-4" attached.
Any adjustments in actual costs will be the obligation of the respective participants at the
percentages stated herein.
6. Purpose of Agreement; Timing of Work. It is the mutual desire and intention of the
parties that the Improvements shall be completed by May 1, 1999. Accordingly, the parties hereby
agree to cooperate with each other and make reasonable, good faith efforts to perform their
-2- Page 2 of 10
Exhibit "B"
• e •
•
• I
obligations hereunder in a timely manner so as to achieve completion of all of the improvements
contemplated by the Agreement by 47 ,Lu 1 / , 199/ .
7. Records. SID 409 shall maintain records of all construction costs incurred in
connection with the Improvements and SID 432 shall have the right to audit and review such
records at any time to assure that such records are accurate.
8. Duration. This Agreement shall continue until such time as the Improvements to be
performed by SID 409 pursuant to this Agreement have been completed, unless this Agreement is
terminated sooner by the written agreement of all parties hereto.
9. Appointment of Administrators. Thompson, Dreessen & Dorner, ,Inc. shall
administer this contract on behalf of SID 409 and SID 432.
10. Entire Agreement. This instrument contains the entire agreement of the parties and
shall be binding upon the successors and assigns of the respective parties. No amendments,
deletions, or additions shall be made to the Agreement except in writing signed by all'parties.
Nebraska law shall govern the terms and performances under this Agreement.
Executed by SID 409 this day of Sr 4.&e" , 1998.
SANITARY • ► • 0 ' NT DISTRICT
ATTEST: NO. 40' OF DOUG ` COU TY, NEBRASKA
By
Clerk
Chairman r'
SANIT•AJAND IMPROVEMENT DISTRICT
ATTEST: NO. 43 OF DOUGLAS COUNTY, NEBRASKA
(VM PA/4 By ilatv- / C ^'��ti/Clerk Chair
Page 3 of 10
-3- Exhibit "B"
1
. • • ' .
V
11
/
R .
1
rr
i.
l.
/
/ ,,.::: IR:
8 °/. ./2. / CI
t:::Y i I
- ---
! 1 - , ,,,...!•., /
! ; ,, :::::•••./...,!:, ./ \\.)
g !
!
! !
• ,, , •
/ ::!:;•,!
, , 1
i
• -I, -.::!;";-f•!. i4c.
.:::,, ::••• . ,
!i. g
-
_ .• ,
, • ! ;!:::: !;:::‘.: / g
, 1 .::::: •:::;
-•••-••••-----/ ::: ::!:i:
••• -
! ..;!;•• ; ! 11'0
i
.1.. .1
I'I
.:,..• ;
• i !
:7"y.df: — __________ _--
4
-- --------
- - 1 4
- -
------ -----------: j
C------- 11101°11..m1W
Illt
1 i
1 1 : • ; 1 1
i 11 i 1 i
1 1 1 1
I i i i I
,
HILLSOOR 011 ON
Q
14
*4 -c..-- -,c.--
/
PAGE 4 OF 10
4 EXHIBIT "B"
• ..... AS SHOWN
1 ° 1 MCI 2 THOMPSON, DREESSEN & HORNER, INC.
Surveyors
W WM O VOL ROO SPRAGUE STREET INTERLOCAL AGREEMENT
Consulting Engineers&Land
*ma 1.1 Asa 1
q z,,* 011A114,IN MU rm..Iv jia
EXHIBIT"A• SPRAGUE STREET PAVING
.....e
/
a �-
i I
I
111
I I
gfillOD
it
84 i ) ;I
• \ ;" ` • 1
/ / / '
—..
r
l ' Bd
i 114 1
; I lii ;
VI if 1 §
---b 1
o
i i
_. .it
C----..........."----.2Q -----------------)
I o-
I a § i
1 I f
i i i 1
HILLSBOROUGH
Q
4
PAGE 5 OF 10
4 EXHIBIT "B"
... AS SWISH
! I i MIC 2 THOMPSON. DREESSEN & DORNER. INC. SPRAGUE STREET INTERLOCAL AGREEMENT r F1y._y5
Consulting Engineers
Orb.&Lad Surveyor. Om I. ASB
SONS A. I RCM
r ,
• litO1 ( a woo
IXHI&1''8' SANITARY SEWER
I'""' 5-5-96
•
I i
I ! I €
I
I1/ , 11 li
y I
// I
i ,
•• //i '1
ini
Fil
R/A / % /
ft
i : if
i i
i g i i §
i ; I; 1 1
I 1 l
i
Ii
i i i i
i 1 i i
r 1.._.
__,
_e_____________________
_. _ _ _
__i ;
i --
, - r
c __........:____ ____--___
- i § 7. '
H I LLSOOROMOH
C
@ PAGE 6 OF 10
• EXHIBIT "B"
... AS SHOWN
4 *0 y �2 THOMPSON. DREESSEN & DORNER, DEC. SPRAGUE STREET INTERLOCAL AGREEMENT ..., 4-1s-ae
Consulting Engineer.&Lena Surveyor. .....,
10e10 OLD Nei IOW N..q r .IIAC
-.. a' OM NZ MN EXHIBIT'C' STORM SEWER
.0..
ENGINEER'S ESTIMATE . Date 14 MAY 1998
SPRAGUE ST. INTERLOCAL THOMPSON DREESSEN DORNER, INC.
r/STORM SEWER ESTIMATE 10836 Old Mill Road
LERNER/SCHWALB Omaha, NE 68154
144TH & SPRAGUE ST. TD2# 217-133
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
1. 72 Inch 1.D. Area Inlet 1 EA $3,500.00 $3,500.00
2. 48 Inch I.D. Area Inlet 2 EA $2,000.00 $4,000.00
3. 54 Inch 1.D. Storm Manhole 3 EA $2,000.00 $6,000.00
4. 15 Inch RCP Storm Sewer 235 LF $22.00 $5,170.00
5. 18 Inch RCP Storm Sewer 360 LF $24.00 $8,640.00
6. 21 Inch RCP Storm Sewer 40 LF $26.00 $1,040.00
7. 24 Inch RCP Storm Sewer 60 LF $28.00 $1,680.00
8. 30 Inch RCP Storm Sewer 250 LF $38.00 $9,500.00
9. 36 Inch RCP Storm Sewer 105 LF $54.00 $5,670.00
10. Crushed Rock Bedding 60 TON $15.00 $900.00
11. Geotextile Fabric 100 SY $2.00 $200.00
TOTAL ESTIMATED CONTT. COSTS $46,300.00
ESTIMATED ENGINEERING, LEGAL, & MISC. COSTS $16,205.00
ESTIMATED TOTAL PROJECT COSTS $62,505.00
NOTE: THE COSTS SHOWN ABOVE ARE TO BE SHARED EQUALLY BY
SID FOR HILLSBOROUGH WEST AND THE SID FOR
HILLSBOROUGH POINTE.
EXHIBIT D-1 - -
Page 7 of 10
Exhibit "B"
ENGINEER'S ESTIMATE Date 15 MAY 1998
SPRAGUE ST. INTERLOCAL THOMPSON DREESSEN DORNER, INC. -
SANITARY SEWER/HILLSBOROUGH PT. 10836 Old Mill Road
LERNER/SCHWALB Omaha, NE 68154
144TH &SPRAGUE STREET TD2# 217-133
ITEM DESCRIPTION QUANTITY UNIT UNIT PR1C> , TOTAL
1. Const. 8" Sanitary Sewer 245 LF $30.00 $7,350.00
2. Construct Sanitary Manhole 20 VF $150.00 $3,000.00
3. Furnish Manhole Ring &Cover 2 EA $200.00 $400.00
TOTAL ESTIMATED CONST. COSTS $10,750.00
ESTIMATED ENGINEERING, LEGAL, & MISC. COSTS $4,837.50
ESTIMATED TOTAL PROJECT COSTS $15,587.50
NOTE: THE COST SHOWN ABOVE IS TO BE 100 PERCENT SPECIALLY
ASSESSED TO THE HILLSBOROUGH POINTE SID.
EXHIBIT D 2 __.-- ---
Page 8 of 10
Exhibit "B"
•
Y Y ENGINEER'S ESTIMATE Date 14 MAY 1998
• . SPRAGUE ST. INTERLOCAL THOMPSON DREESSEN DORNER, INC.
PAVING SPECIAL ASSESSMENT 10836 Old Mill Road •
LERNER/SCHWALB Omaha, NE 68154
144TH & SPRAGUE ST. TD2# 217-133
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
1. 7 Inch PCC Pavement 2,430 SY $23.00 $55,890.00
2. Common Excavation 1,000 CY $2.00 $2,000.00
3. Adjust Manhole 4 EA $150.00 $600.00
4.
TOTAL ESTIMATED CONST. COSTS $58,490.00
ESTIMATED ENGINEERING, LEGAL, &MISC. COSTS f $20,471.50
ESTIMATED TOTAL PROJECT COSTS "$78,961.50
NOTE: THE COST SHOWN ABOVE IS TO BE SHARED EQUALLY BY THE
SID FOR HILLSBOROUGH WEST AND THE SID FOR - -- • - •
-
HILLSBOROUGH POINTE.
EXHIBIT D-3 ::__
Page 9 of 10
Exhibit "B"
Y
ENGINEER'S ESTIMATE Date 14 MAY 1998
SPRAGUE ST. INTERLOCAL THOMPSON DREESSSSEN &DORNER, INC.
PAVING GENERAL OBLIGATION 10836 Old Mill Road ••
LERNER/SCHWALB Omaha, NE 68154
144TH &SPRAGUE ST. TD2# 217-133
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
1. 7 Inch PCC Pavement 2,195 SY $23.00 $50,485.00
2. Common Excavation 880 CY $2.00 $1,760.00
3. End of Road Barricade 1 EA $500.00 $500.00
TOTAL ESTIMATED CONST. COSTS $52,745.00
ESTIMATED ENGINEERING, LEGAL, & MISC. COSTS $18,460.75
ESTIMATED TOTAL PROJECT COSTS $71,205.75
NOTE: THIS COST IS TO BE SHARED EQUALLY BY THE SID FOR
HILLSBOROUGH WEST AND THE SID FOR HILLSBOROUGH POINTE
EXHIBIT D-41
Page 10 of 10
Exhibit "B"
-2SA CITY OF OMAHA
f -
LEGISLATIVE CHAMBER
Omaha,Nebr December 21 , 19 99
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Hillsborough Pointe,LLC,proposes to build a subdivision to be known
as Hillsborough Pointe No. 2 which will be located Northwest of 146th and Sprague Street; and,
WHEREAS, Sanitary and Improvement District (S.&I.D.) 432 will build public
improvements in this subdivision; and,
WHEREAS,Hillsborough Pointe,LLC, and S.&I.D. 432 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. 432 agrees to pay$51,321.60 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 between the City of Omaha, Sanitary and
Improvement District 432 of Douglas County, Nebraska and Hillsborough Pointe, LLC, as
recommended by the Mayor, providing for the public improvements and sewer connection to the
Omaha Sanitary Sewer System, is hereby approved.
P:\PW1\6915maf.doc APPROVED S T F RM:
- / d2-7fr?
S IST CITY ATTORNEY DATE
GLQ 02 VT7ULC-4-
Councilmember
Adopted - i ' 1 1 2000 a
... Cif i
op
City Clerk- 4 4--
/ n
Approved ✓`�`fr
t_ \ A - _ . ,
(� 2 Z x.t O " Z. x C1 id [7
0
1-4 `�, C Cr N AD 0 Cr n �C F 5• W
CD
V O AD ~ " O
� � o p Cn Ao O 1/4-1
o 5 c 0c 4• sN`
11 Rt :c-c 1 n
-\._ al., z -• 0 -• l - .... 0
n a
\� 0
s „,, " 0 „ , ,
awN . ch0 0
1-, q 0
PCO ,� a CDq o
\A.11 q c7," 1—,• 6- i F4-.-,74 p+
cT .c42-a 06- ri c Di ; "IcS: g Uc4$1) (1): g(1)Cr
acne CD C) Q.
6 ?�