RES 1998-0115 - Amendment to subdivision agmt, Westin Hills Replat One • C �-e
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1819 Famam Street,Suite 601
W-74 J � �' January 13, 199 8 91 OEC 1 9 iVti 9t 2� Omaha,Nebraska 68183 0601
0� ry (402)444-5220
o,�'TE'D FEaRJ��; t. 1,, ,%•s;`s Telefax(402)444-5248
.t "+i n NEBRAS 4r. DonW.Elliott,P.E.
City of Omaha h 1' � Public Works Director
Hal Daub,Mayor
Honorable President
and Members of the City Council,
The attached Resolution approves the Amendment to the Subdivision Agreement between Celebrity
Homes, Sanitary and Improvement District(S.&I.D.)415 of Douglas County,Nebraska and the City
of Omaha. The Subdivision Agreement covered the public improvements for Westin Hills and was
approved by City Council on July 22, 1997.
The Amendment revises the Subdivision Agreement to reflect to new lot line configuration for
Westin Hills, which is a replat of Lots 1 through 23 and Lot 298, inclusive, of Westin Hills. The
Amendment provides for an increased interceptor sewer fee of$13,186.80 to be paid by S.&I.D. 415.
All other aspects of the original Subdivision Agreement are not affected.
The Public Works Department requests your consideration and approval of the attached Resolution
and Amendment to the Subdivision Agreement.
Respectfully submitted, This action has been reviewed and found to be
in conformance with the Master Plan.
-:: +e'c 1-N1 i /2./9lei1 6z~1.0''/7
Don W. Elliott, P.E. Date Robert C. Peters Date/
Public Works Director Acting Planning Direct
A roved: Referred to the City Council for Consideration:
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Louis A. D'Ercole Da e Mayor'sOffice/T1tle
I9ate
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Finance Director
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AMENDMENT TO "WESTIN HILLS "
SUBDIVISION AGREEMENT
FOR "WESTIN HILLS REPLAT ONE"
THIS AMENDMENT, made and entered into this day of a- a,, , 199,5
by and between CELEBRITY HOMES (hereinafter referred to a "Subdivider"), and
SANITARY AND IMPROVEMENT DISTRICT NO. 415 of DOUGLAS COUNTY,
NEBRASKA, (HEREINAFTER REFERRED TO AS "SID"), 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 within the City's zoning and
platting jurisdiction; and,
WHEREAS, the area to be developed is a replat of Lots 1 through 23, inclusive,
and Lot 298, Westin Hills, a platted and recorded subdivision in Douglas County,
Nebraska for which the Subdivider, the City, and the SID, have previously entered into
a Subdivision Agreement (hereinafter referred to as the "Agreement"), .adopted by the
City Council of the City on July 22, 1997, via Resolution No. 2029, setting forth certain
conditions; and
WHEREAS, the area to be developed required no additional infrastructure
improvements beyond those installed with previous phases; and
WHEREAS, all provisions of the original Agreement are valid and shall remain in
effect except the following paragraph which is revised as follows:
Section IX, Paragraph A. The Subdivision Agreement is amended to provide for a
reallocation on a pro rata basis in the interceptor sewer fees paid by the SID, computed
as follows:
AREAS OF REPLAT: 16 "R5" DUPLEX LOTS
: 32 UNITS @ $673.20 = $21,542.40
140 "R6" MULTI-FAMILY
UNITS @ $356.40 = $49,896.00
TOTAL REPLAT AMOUNT = $71,438.40
PREVIOUSLY PAID: 23 "R4" LOTS @ $673.20 = $15,483.60
120 °R6" MULTI-FAMILY
UNITS @ $356.40 = $42,768.00
TOTAL PREVIOUSLY PAID= $58,251.60
TOTAL DUE $13,186.80
1.
(1--)
This Amendment to the 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: I OF OMAHA
CI CLERK Da e
ATTEST: SANITARY AND IMPROVEMENT
DISTRICT NO. 415 OF DOUGLAS
COUNTY, NEBRASKA
7
' 2ER DA E ale Larsen, CHAIRMAN /ATE
ATTEST: CELEBRITY HOMES
/6/ 97 2e / 7/2� J
:ale Larsen, PRESIDENT ATE
APPROVED AS TO FORM
/ I
IS T ITY ATTORNEY
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c 25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr December 13, 19 98
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,Celebrity Homes proposes to build a subdivision to be known as Westin
Hills Replat One which will be located Southwest of 144th and Fort Streets; and,
WHEREAS, Sanitary and Improvement District (S.&I.D.) 415 will build public
improvements in this subdivision; and,
WHEREAS, Celebrity Homes and S.&I.D. 415 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. 415 will pay $13,186.80 to be used for the construction of
sewers in the Papillion Creek Watershed; and,
WHEREAS, the parties entered into a Subdivision Agreement approved by City
Council on July 22, 1997; and,
WHEREAS, Westin Hills Replat One is a replat of Lots 1 through 23 and Lot 298,
inclusive,of Westin Hills; and,
WHEREAS,an Amendment to the 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 Amendment to the Subdivision Agreement between the City of Omaha,
Sanitary and Improvement District 415 of Douglas County, Nebraska and Celebrity Homes, as
recommended by the Mayor,providing for the sewer connection to the City of Omaha sanitary sewer
system and an additional Interceptor Sewer Fee,is hereby approved.
P:\PW1 423.PJM APPROVE AS TO F RM:
By
Councilmember A SIS CITY ATTORNEY DATE
Adopted ,AN 3` 1998- 7 o
City Clerk
Ap 16ig�'
Mayor /`� ��/
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