RES 1999-3301 - Subdivision agmt, Ridgeview , ' 4 J .
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s Public Works Department
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Orr ic'S 99 NOV 23 nm 9: 03
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Omaha,Nebraska 68183 0601
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City of Omaha Don W.Elliott,P.E.
Public Works Director
Hal Daub,Mayor -
Honorable President
and Members of the City Council,
The attached Resolution approves the Subdivision Agreement between Lanoha-Center
Development, Inc., Ridgeview Commercial Association, Sanitary and Improvement District
(S.&I.D.) 450 of Douglas County, Nebraska, and the City of Omaha. This Subdivision
Agreement covers the public improvement of Ridgeview, a subdivision located Southwest of
180th Street and West Center Road.
This Subdivision Agreement stipulates which public improvements will be built by S.&I.D. 450,
those which will be paid for by special assessment, and those to be paid for by General
Obligation of S.&I.D. 450. The estimated total cost of improvements is $4,247,500.00 of which
$2,637,900.00 will be paid by General Obligation. If S.&I.D. 450 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.
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Don W. Elliott,Elli P.E. " Date Robert C. Peters Date
Director Acting Planning Direct
Approved as to Funding: Appro
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Louis A. D'Er le Date arry N. Foster, Acting Director Date
finance Direc or Parks, Recreation and Public Property
Referred t City Council for Consideration:
- '( ,,,f .)' i(237/%
Mayor's Office/_1 V1b Date
P:\PW1\7911maf.doc
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RIDGEVIEW
SUBDIVISION AGREEMENT
THIS AGREEMENT, made and entered into this ai day of CD.r r , 1999, by
and between LANOHA-CENTER DEVELOPMENT, INC., a Nebraska corporation (hereinafter referred
to as "Subdivider"), RIDGEVIEW COMMERCIAL ASSOCIATION, a Nebraska not-for-profit
corporation (hereinafter referred to as "Association"), SANITARY AND IMPROVEMENT DISTRICT
NO. 450 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, Subdivider is the owner of the land included with the proposed plat attached
hereto as Exhibit "A", which parcel of land (hereinafter referred to as the "Area to be Developed") is
outside the corporate limits of the City and within the City's zoning and platting jurisdiction; and,
WHEREAS, the Subdivider proposes that the District will build public improvements in the
area to be developed, the District being a Sanitary and Improvement District created at the request
of and controlled by the Subdivider, which is the sole Owner(s) of all the lands within the
boundaries thereof; and,
WHEREAS, the Subdivider has or will create the Ridgeview Commercial Association
consisting of property owners of Lots 1 through 20 of Ridgeview; and
WHEREAS, the Subdivider and the District wish to connect the system of sanitary sewers to
be constructed by the District, within the area to be developed, to the sewer system of the City;
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 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, attorneys' 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 assessments 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 constitute building sites. Outlots A, B and C are not building sites.
C. "Street intersections" shall be construed to mean the area shown on the attached
street intersection drawing (Exhibit "B").
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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 Kirkham, Michael & Associates, a copy of which
is attached hereto as Exhibit "B".
B. 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 Kirkham, Michael & Associates, a copy of which is attached
hereto as Exhibit "C".
C. 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 Kirkham, Michael & Associates, a copy of which
is attached hereto as Exhibit "C".
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 event longer than four (4) months from the date of execution of this Agreement).
G. Sidewalks along both sides of all public streets within or adjacent to 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 percent
(65%) of the abutting footage on such side have been built upon.
(2) 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.
(3) Sidewalks shall be installed in 1180th Street and West Center Road (if
approved by the State Department of Roads) with the widening projects.
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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 percent (100%) 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 may be
a general obligation, as indicated in Exhibit "B". Grading or paving of major streets may be a
general obligation. The District shall pay the State Department of Roads the costs to install the left
turn bays to service the subdivision. This payment is estimated to be $75,000.00 and will be made
to the State via an Interlocal Agreement when West Center Road is improved.
B. One hundred percent (100%) 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,
(11 Connection charges paid to other sanitary and improvement districts shall be
special 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 "C".
C. The cost of channel improvements, storm sewers and appurtenances together with
the construction of the water quality basins (as required by the Corps of Engineers) and check dams
(as required by the Corps of Engineers) may be a general obligation of the District. The permanent
sedimentation basins shall be constructed by the Subdivider. The maintenance of permanent
sedimentation and water quality basins (as required by the Corps of Engineers) may be funded
through the general fund or maintenance fund of the District.
D. One hundred percent (100%) 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. One hundred percent (100%) 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 percent (100%) 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.
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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 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 "D".
PMRNRD must approve said plan prior to City engineers second signature on final plat. Costs for
the initial installation of erosion control measures shall be paid by Subdivider. Removal of said
erosion control measures may be a general obligation of the District. All silt basins are to remain in
place until seventy-five percent (75%) 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 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 may be a general obligation of the District.
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. 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
nor shall construction warrants be issued therefor 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 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.
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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 proper division of assets and liabilities.
SECTION V
Subdivider and District covenant and agree that the District created by the Subdivider 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 therefor.
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. Outlots A, B
and C are not building sites and will not have special assessments levied against them.
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 cost of each type of 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, attorneys' fees, testing expenses, publication
costs, financing costs, including, but not limited to, interest on all warrants to 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 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.
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SECTION VI
A. The District agrees to annually levy a minimum ad valorem property tax levy of 85
cents per 5100 of taxable valuation for all tax collection years through the year that all district
warrants can be paid on a cash basis and/or are converted to bonded debt.
B. On or about June 1 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
balances in the bond fund and general fund of the district.
C. The District's Board of Trustees agrees to adopt tax rate levies sufficient to fund the
succeeding years general and bond fund projected obligations as required in the cash flow
projection.
SECTION VII
In the performance of this Agreement, the District shall not discriminate against any parties
on account 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 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.
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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 developed, which is
discharging into the sewer system in violation of any applicable ordinances, statue, 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 any other
consideration, contingent upon or resulting from the award 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 its 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 directly or indirectly with or into sewers or sewage systems
of the 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 to 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 which 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 obligation of the sanitary and
improvement district.
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SECTION IX
A. Payment for Construction of Interceptor Sewers.
The District shall make payment to the City of Omaha the fee in the amount of $276,256.83, for
the construction of interceptor sewers. This fee is computed as follows for the lots shown on the
plat (Exhibit "A").
Lot 1, Ridgeview (commercial lot)
3.635 acres @ $3,878.16 per acre = $ 14,097.11
Lot 2, Ridgeview (commercial lot)
21.171 acres @ $3,878.16 per acre = $ 82,104.53
Lot 3, Ridgeview (commercial lot)
1.320 acres @ $3,878.16 per acre — $ 5,119.17
Lot 4, Ridgeview (commercial lot)
0.352 acres @ $3,878.16 per acre = $ 1,365.11
Lot 5, Ridgeview (commercial lot)
1.462 acres @ $3,878.16 per acre = $ 5,669.87
Lot 6, Ridgeview (commercial lot)
1.005 acres @ $3,878.16 per acre = $ 3,897.55
Lot 7, Ridgeview (commercial lot)
1.240 acres @ $3,878.16 per acre = $ 4,808.92
Lot 8, Ridgeview (commercial lot)
0.960 acres @ $3,878.16 per acre = $ 3,723.03
Lot 9, Ridgeview (commercial lot)
0.959 acres @ $3,878.16 per acre = $ 3,719.15
Lot 10, Ridgeview (commercial lot)
1.086 acres @ $3,878.16 per acre = $ 4,211.68
Lot 11, Ridgeview (commercial lot)
0.985 @ $3,878.16 per acre = $ 3,819.99
Lot 12, Ridgeview (commercial lot)
0.975 acres @ $3,878.16 per acre = $ 3,781.21
Lot 13, Ridgeview (commercial lot)
0.918 acres @ $3,878.16 per acre = $ 3,560.15
Lot 14, Ridgeview (commercial lot)
0.918 acres @ $3,878.16 per acre = $ 3,560.15
Lot 15, Ridgeview (commercial lot)
1.377 acres @ $3,878.16 per acre = $ 5,340.23
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Lot 16, Ridgeview (commercial lot)
1.440 acres @ $3,878.16 per acre = $ 5,584.55
Lot 17, Ridgeview (commercial lot)
12.145 acres @ $3,878.16 per acre = $ 47,100.25
Lot 18, Ridgeview (commercial lot)
7.959 acres @ $3,878.16 per acre = $ 30,866.27
Lot 19, Ridgeview (commercial lot)
7.742 acres @ $3,878.16 per acre = $ 30,024.71
Lot 20, Ridgeview (commercial lot)
3.585 acres @ $3,878.16 per acre = $ 13,903.20
Outlot A, Ridgeview (gren..n area)
0.498 acres **EXEMPT** _ -0-
Outlot B, Ridgeview (green area)
0.385 acres **EXEMPT** _ -0-
Outlot C, Ridgeview (green areas)
0.559 acres **EXEMPT** _ -0-
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 wastewater 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
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 Connection Fee for the area described in Section IX-A and shall be
collected by the District as a Special Sewer Connection 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 Section 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 or real estate or levied as a Special Assessment in the amount as shown in
Section IX-A prior to the time of any such lot or parcel is built upon and before the building
sewer is connected to the Sanitary system of the District.
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(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.
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. 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. Outlots A, B and C shall be owned by the District as dedicated drainage/water
quality basins.
C. No separate administrative entity nor joint venture, among the parties, is deemed
created by virtue of this Subdivision Agreement.
D. The administration of this Subdivision Agreement shall be through the offices of the
undersigned officers for their respective entities.
E. The Erosion Control Plan between the Subdivider and PMRNRD is attached hereto
and incorporated herein as Exhibit "D." Costs for erosion control shall be paid by Subdivider.
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PMRNRD must approve said plan prior to City Engineer's second signature. All basins are to remain
in place until seventy-five percent (75%) of the lots that drain into the basin are fully developed.
F. Subdivider and City agree that 180`h Street south of West Center Road shall be
constructed to its ultimate design criteria; the final design for such project shall be agreed to by the
Developer and Douglas County consistent with the preliminary design previously developed by such
parties. Further, City shall, on a best efforts basis, require a minimum contribution of One Hundred
Thousand and no/100 Dollars ($100,000.00) from the southeast corner of 180`h and Center Street
by *a subdivision now known as Legacy toward the construction of the ultimate 180`h Street
improvements.
G. . The permanent water quality plan as approved by the Parks Department is attached
as Exhibit "E."
H. The 60° parking areas in Wright Street right-of-way are for the benefit of the public
and the businesses in the area; all maintenance of these stalls including crack sealing, panel
replacement, sweeping, snow removal, etc. shall be provided by the Association.
I. If the area north of West Center Road is granted an access point at 183r° Street
and/or at 186`h Street, the District agrees to reduce the median width to four foot (4') wide to align
the left turn bays.
J. Binding Effect. This Subdivision Agreement shall be binding upon the parties, their
respective successors and assigns and run with the land.
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 0 A
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City erk Dale Mayor ,*
DDa
SANITARY AND IMPROVEMENT DISTRICT
ATT/ST:Cir- NO. 450 OF DOUGLAS COUNTY, NEBRASKA
t �c�� d -ti a-1c � /�S/99 By ///8/99
lerk Date Chairma Date
LANOHA-CENTER DEVELOPMENT, INC.,
ATTEST: a Nebraska corporation
K 8/99 By Th-1—'-- ////s/9 9
Secretary Date Pres ent Date
RIDGEVIEW COMMERCIAL ASSOCIATION
By s. ////10 9
Title i, _ Date .
1 --
PROVED AS TO FO .
1° llkelcjq
SSIS A T CITY ATTORNE Date
-11-
•
STATE OF NEBRASKA )
ss.:
COUNTY OF DOUGLAS )
Th foregoing instrument was acknowledged before me this /6 ' day of
, 1999, by David F. Lanoha, Chairman, and Patricia A. Sorensen, Clerk, of
anitary and Improvement District No. 450 of Douglas Count -•-. ., a Nebraska political
subdivision, on•behalf of the District.
GENERAL NOTARY-State of Nebraska ief7 AlifiP''
�•���
V ALICE J.LONG I otary Public /
STATE OF NEBRASKA ^ ii to My Comm.Exp.March 7,2001
ss.:
COUNTY OF DOUGLAS )
/4t/ The/,,��f✓✓orregoing instrument was acknowledged before me this /" day of
Lil� 1999, by David F. Lanoha, President an. 'ecr .ry, of LANOHA-CENTER
DEVELOPMENT, INC., a Nebraska corporation, on behalf of • - corps. .
IGENERAL NOTARY-State of Nebraska ji %��
ill ALICE J.LONG
�., My Comm.Exp.March 7,1001 Nota • Public 0
STATE OF NEBRASKA ) •
ss.:
COUNTY OF DOUGLAS )
A� The foregoing instrument was acknowledged before me this /�� day of
/VG2'/� ���� 1999, by �Gr/iU 2iu2tca� President of Ridgeview Commercial
Association, a Nebraska not-for-profit corporation, on behalf of the 'on.
GENERAL NOTARY-State of Nebraska
r��r, ALICE J.LONG
2001 N tary P blic
••11"-- My Comm.Exp.
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C-25A CITY OF OMAHA
• LEGISLATIVE CHAMBER
Omaha,Nebr 19
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,Lanoha-Center Development, Inc.,proposes to build a subdivision to
be known as Ridgeview which will be located Southwest of 180th Street and West Center Road;
and,
WHEREAS, Sanitary and Improvement District (S.&I.D.) 450 has been formed to
build public improvements in this subdivision; and,
WHEREAS, Lanoha-Center Development, Inc., and S.&I.D. 450 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. 450 agrees to pay $276,256.83 as a sewer connection fee to
be used for the construction of the sewers in the Papillion Creek Watershed; and,
WHEREAS, Lanoha-Center Development, Inc., has or will create the Ridgeview
Commercial Association who will be responsible for on-going maintenance of the private
improvements constructed within 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:
By
Councilmember
Adopted
City Clerk
Approved
Mayor
• C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr 19
PAGE 2
THAT, the Subdivision Agreement between the City of Omaha, Sanitary and
Improvement District 450 of Douglas County, Nebraska and Lanoha-Center Development, Inc., ;
Ridgeview Commercial Association, as recommended by the Mayor, providing for the public
improvements and sewer connection to the Omaha Sanitary Sewer System, is hereby approved.
APPROVED AS TO FORM:
i 2 q
s�s1 u h 4- CITY ATTORNEY DATE
P:\PW 1\7912maf.doc
POLIA-0 CP. 747LIWA-
By
Councilmember
Adopted DEC 2...1...199
erk
Approved 44 at
Mayor
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