RES 1999-1668 - Subdivision agmt, I-80 Business Park 4,/toes
�MAHA,/yF� r�
`R E C E I E D Public Works Department
ere f�� � Omaha/Douglas Civic Center
► C�3 99 MY 28 Ai I8: f,—�; June 8, 1999 1819 Farnam Street,Suite 601
CITY Omaha,Nebraska 68183-0601
PAo�TFD FEBAJr��ry i,r I E^•! G}L E R( (402)444-5220
O M A H A, N E R A s Ii 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 I-80 Business Park, LLC,
Sanitary and Improvement District (S.&I.D.) 436 of Douglas County, Nebraska and the City of
Omaha. This Subdivision Agreement covers the public improvement of I-80 Business Park, a
subdivision located Northeast of I-80 and Harrison Street.
This Subdivision Agreement stipulates which public improvements will be built by S.&.I.D. 436,
those which will be paid for by special assessment and those to be paid for by General Obligation
of S.&I.D. 436. The estimated total cost of improvements is $2,651,850.00 of which$1,026,068.00
will be paid by General Obligation. If S.&I.D. 436 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.
//99 5-•
Don W. Elliott, P.E. Date Robert C. Peters Date
Director Acting Planning Director
pr ved as to Funding: Referre Ci Co nc'1 for C nsideration:
2
Louis A. D'Ercole 5fir a Mayor's Office/Title Date
Finance Director
Appr 'e .
/7
9/9Q
Larry N. Foster /Plate
Acting Parks, Recreation and
Public Property Director
P:\P W 1\7000.MAF
SUBDIVISION AGREEMENT
THIS AGREEMENT, made and entered into this/this dtAday of /yIM1 , 1999 by
and between I - 80 BUSINESS PARK, L.L.C., hereinafter referred to as "Subdivider"),
SANITARY AND IMPROVEMENT DISTRICT NO. 436 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 within 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; 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 benefited" shall mean property within the Subdivider's subdivision (Exhibit
"A") which constitutes building sites.
41.
C. "Street intersections" shall be construed to mean the area shown on the
attached street intersection drawing (Exhibit "B").
D. "General obligation" shall mean unassessable capital costs.
SECTION 1
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 E & A Consulting Group, 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 E &A Consulting Group,
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 E &
A Consulting Group, a copy of which is attached hereto as Exhibit "B".
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 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 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
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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 months from the
date of execution of this agreement).
G. Sidewalks along both sides of all public streets within 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 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.
(3) Sidewalks along Harrison Street and Harry Andersen Avenue shall be
constructed with the paving contract.
(4) In any event, all sidewalks shall be constructed upon any public streets
adjacent to the plat within three (3) years of the recording of the subdivision
plat.
H. Harry Andersen Avenue shall be widened and left turn lane improvements shall
be constructed as shown on Exhibit "D".
I. A traffic signal shall be installed at the intersection of Harrison Street and Harry
Andersen Avenue.
SECTION II
The parties agree that the entire cost of all public improvements paid for by the
District and set out in Section 1 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 property against the benefited
9 rtY
within the area to be developed, except for street intersections and certain extra-
width and major street paving, either of which may be a general obligation, as
indicated in Exhibit "B". Grading or paving of major streets including
deceleration lanes and turning lanes as indicated on Exhibit "B" may be a
general obligation.
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 benefited within the area to be developed, provided,
(1) Connection charges paid to other sanitary and improvement districts shall (111
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be specially assessed to the extent of special benefit to properties in the
District, and the remainder may be 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", including the cost of a
jacking and boring under Harry Andersen Street.
(4) The total cost of any easement acquisition for outfall sanitary sewers
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. The cost of storm sewers and appurtenances may be a general obligation of the
District.
D. The cost of right-of-way acquisition per Exhibit "E" and 117th Street construction
thereon to per Exhibit "B", and the widening and construction of left turn lanes in
Harry Andersen Avenue per Exhibits "D" and "E" may be a G.O. of the District.
District shall, however, to the extent permitted by NEB. Rev. St. 31-752, recover
against any adjacent property not within the District a "sum equivalent to the
amount the property has been specially benefitted." Any such collected money
shall be credited to the Bond Construction Account of the District.
E. 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 benefited 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.
F. 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.
G. 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.
• 4 AltAS)
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H. 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.
I. 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.
J. One hundred percent (100%) of the entire cost of park improvements or
contributions to the City of Omaha Parks, Recreation, and Public Property
Department for regional park construction, if approved by the City and the District's
fiscal agent, may be a general obligation of the District.
K. No funds of the District are to be used for the installation or maintenance of
telephone equipment.
L. One hundred percent (100%) of the entire cost of concrete sidewalks along
major streets may be a general obligation of the District except that portion
adjacent to non-single family residential lots which shall be specially assessed
or paid for privately.
M. Street identification signs may be a general obligation, provided the signs are in
compliance with the Manual on Uniform Traffic Control Devices.
N. The Sediment and 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 "E". PMRNRD must approve said plan prior to City Engineer's
second signature on the final plat. The initial construction cost of grading and
piping for temporary sediment and erosion control facilities shall be paid for
privately by the Subdivider. Removal of said sediment and erosion control
measures 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 the 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 or removal may be a general obligation of the District.
5
O. The costs of the proposed traffic signal at Harrison Street and Harry Andersen
Road may be a general obligation of the District.
P. The District may enter into an Interlocal Agreement with SID 435 to share
costs of general obligation items which benefit both SID 435 and SID 436. Items
include park improvements and the "Y" Street bridge. The maximum general
obligation allowed to be spent by SID 436 for these items is $300,000, unless
written authorization is given by the City Engineer to exceed this amount.
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.
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.
6 R
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.
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 improve-
ment 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 assess-
ments and equalization and apportionment of debt.
SECTION VI
A. The District agrees to annually levy a minimum ad valorem property tax
rate of 88 cents per $100 of taxable valuation for the tax collection years
through the year that all district warrants can be paid on a cash basis
and/or 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, 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 obligation
as required in the cash flow projections.
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 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
- 8 (<19
i
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 and 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.
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 ordinance, statute, 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 an
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:
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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.
SECTION IX
OMITTED INTENTIONALLY
PROPERTY NOT SUBJECT TO OMAHA INTERCEPTOR SEWER FEES
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. No separate administrative entity nor joint venture, among the parties, is deemed created by
virtue of the Subdivision Agreement.
C. The administration of this Subdivision Agreement shall be through the offices of the
undersigned officers for their respective entities.
D. An Erosion Control Plan (Exhibit"F") between the Subdivider and the City of Omaha shall be
submitted and approved prior to any grading operation. The City of Omaha and the Papio-
Missouri River Natural Resources District must approve said plan prior to City Engineer's
second signature. All sediment basins are to remain in place until 75% of the Lots are fully
developed or until a substitute sediment basin is operable and written permission is received
from the Public Works Department to remove the basins.
E. This Subdivision Agreement shall be binding upon the parties, their respective successors and
assigns and runs with the land shown on Exhibit "A".
F. Prior to recording the final plat, District shall provide documentation to the City that it has secured
right-of-way as shown on Exhibits "B" and "D" to continue 117th Street to Harry Andersen Avenue
together with all necessary local governing juristiction approvals.
10
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 OMAHA
7 `
I CLERK Date MAYOR Date
ATTEST: SANITARY AND IMPROVEMENT
DISTRICT NO. 436 OF DOUGLAS
COUNTY, NEBRASKA
1(
�y 99
Clerk Date • AIRMAN Dat
1 -80 BUSINESS PARK, L.L.C.
C
a /(.2 q;02
CHA LES CLATTERBUCK President Date
APPROVED AS TO FORM
IS CI TTORNEY DATE
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr June 8, 19 99
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
�,
WHEREAS,I-80 Business Park,LLC,proposes to build a subdivision to be known
as I-80 Business Park which will be located Northeast of I-80 and Harrison Street; and,
WHEREAS, Sanitary and Improvement District (S.&I.D.) 436 has been formed to
build public improvements in this subdivision; and,
WHEREAS,I-80 Business Park,LLC, and S.&I.D. 436 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, 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 436 of Douglas County, Nebraska and I-80 Business Park, LLC, as
recommended by the Mayor, providing for the public improvements and sewer connection to the
Omaha Sanitary Sewer System, is hereby approved.
P:\PW 1\7001.MAF APPROVED AS TO FORM:
A SIST CITY ATTORNEY DATE
B WCT7kg.C.A.
Y
Councilmember
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