RES 1997-2324 - Amendment to subdivision agmt, Armbrust Village a MAHA,^,
.` ,� ,' 4,s� Public Works Department
U�r� v Omaha/Douglas Civic Center
^ ��9. �£ 1819 Farnam Street,Suite 601
'� I, r August 19, 1997 I ���' .. Omaha,Nebraska 68183 0601
�A ry•• (402)444-5220
�� I T .El Telefax(402)444-5248
Don W.Elliott,P.E.
City of Omaha Public Works Director
Hal Daub,Mayor
Honorable President
and Members of the City Council,
The attached Resolution approves the First Amendment to the Subdivision Agreement between the
City of Omaha and Armbrust Village Venture L.P. by its general partner Rizk/Har-Town G.P., Inc.
The amendment revises the Subdivision Agreement for Armbrust Village Lot 1 through 4, which
was approved by the City Council on September 24, 1996, via Resolution No. 2599.
The Subdivision Agreement provided some widening of 168th Street adjacent to the development.
The Public Works Department has requested that the Subdivider extend the widening 270 lineal feet
to connect to West Center Road to improve traffic flow through the intersection. The amendment
provides reimbursement to the Subdivider in an estimated amount of$23,100.00.
The Public Works Department requests your consideration and approval of the attached Resolution
and First Amendment to the Subdivision Agreement.
Respectfully submitted, This action has been reviewed and found to be
• -- in conformance with the.Master Plan.
1 Fcej,_
7,,8,A.,7 7-1-"--N././.71/4— 1- -f-7
Don W. Elliott, P.E. Date Robert C. Peters Date
Director Acting Planning Director
Approved as to Funding: Referred to City Council for Consideration:
S? , 7 .
Louis A. D'Ercole r/ ate Mayor's Office/Tit ate
Finance Director
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. FIRST AMENDMENT TO SUBDIVISION AGREEMENT
•
The Subdivision Agreement, Council Document Number 2599, passed by the
City of Omaha on September 24, 1996; by and between the CITY OF OMAHA,
(hereinafter referred to as "CITY"), Armbrust Village Venture, L.P., a Texas Limited
Partnership, by its General Partner: RIZK/HAR-TOWN GP, INC., a Texas Corporation
(hereinafter referred to as "SUBDIVIDER") wherein the Subdivider is the owner of the
real estate legally described as Lots 1 through 4, Armbrust Village, a subdivision as
surveyed, platted and recorded in Douglas County, Nebraska, is hereby amended and
supplemented as follows:
1. Section 1. Eublicimprovements of the original Subdivision Agreement,
(hereinafter referred to as "AGREEMENT") provides for street widening in
168th Street. In addition to the street widening as provided for in the
Agreement, a portion of 168th Street intersecting West Center Road,
depicted on the attached Exhibit "A", will be constructed pursuant to City
specifications and installed by the Subdivider. The Subdivider agrees to
commence the timely and orderly installation of the improvements
following execution of this amendment pursuant to § 53-9 of the Omaha
Municipal Code.
2. The Subdivider shall initially pay the cost of the additional improvements
on the attached Exhibit "A" as well as all charges by the Metropolitan
Utilities District for water and gas line relocations and charges levied by
the Omaha Public Power District for underground electrical service or
overhead power relocations. The City will reimburse the Subdivider for
the additional widening of 168th Street, within sixty (60) days after the
construction of the additional widening is completed and acceptance by
the Public Works Department. An estimation of the cost is attached
hereto as Exhibit "B". The City will also reimburse the Subdivider for any
utility relocation costs related to the additional widening of 168th Street.
IN WITNESS WHEREOF, we, the executing parties, by o r respective
duly authorized agents, hereby enter into this amendment, effective ,
1997.
CITY:
ATTEST: CITY OF P HA, a M n cipal Corporation
ifi, /
''‘-ii‘t - '
erti-City Clerk BYf' .Ui9�s
Its 2w
Date ��/ /�9
•
Approved as to form and content:
s stant ' Attorney
SUBDIVIDER:
Armbrust Village Venture, L.P., a Texas Limited Partnership by its General Partner:
RIZK/HAR-TOWN GP, INC., a Texas Corporation
By C� f z�Lee�
Its V 1A9J)
Date
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EXHIBIT "A"
TD21050-101 1
"or TO SCALE I I 1050101B.DWG
I I MARCH 13, 1997
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ARMBRUST VILLAGE
NORTHBOUND TO EASTBOUND RIGHT-TURN BAY
ADDITIONAL STREET WIDENING
The estimated cost -of the additional widening of 168th Street requested by the
City of Omaha for the general benefit of the public and not required as a .result
of the development of Armbrust Village is as follows: .
APPROX. UNIT
ITEM DESCRIPTION QUANTITY PRICE AMOUNT
1. Remove Trees JOB LUMP SUM $ 2, 000.00
2 . Remove Sidewalk 126 S.F. $ 0.75/S.F. $ 94.50
3. Remove Pavement 80 S.Y. $ 10.00/S.Y. $ 800.00
4. Embankment 150 C.Y. $ 5.00/C.Y. $ 750.00
5. Subgrade Preparation 450 S.Y. $ 2.00/S.Y. $ 900.00
6. Const. 9" P.C.C. Pavement
w/Integral Curb 435 S.Y. $ 35.00/S.Y. $15,225.00
7. Const. 4" P.C.C. Sidewalk 175 S.F. $ 3 .00/S.F. $ 525.00
8. Seeding 0.15 AC. $2, 000.00/AC. $ 300.00
TOTAL ESTIMATED CONSTRUCTION COST $20,594.50
TOTAL ESTIMATED ENGINEERING FEES $ 2,505.50
TOTAL ESTIMATED PROJECT COST $23,100.00
•
EXHIBIT B
TD2 FILE NO. 850-101.46
13 MARCH 1997
,/ --A (7)
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CITY OF OMAHA
' •LEGISLATIVE CHAMBER
Omaha,Nebr August 19, 19 97
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,Armbrust Village Venture L.P. by its General Partner,Rizk/Har-Town
G.P.,Inc.,is developing a subdivision known as Armbrust Village Lots 1 through 4, which is located
Southeast of 168th and West Center Road; and,
WHEREAS,the City Council approved a Subdivision Agreement with the Subdivider
on September 24, 1996,via Resolution No. 2599; and,
WHEREAS, the Agreement provided for widening of 168th Street adjacent to the
Subdivision; and,
WHEREAS, the Public Works Department has requested that the widening be
extended to 270 lineal feet to improve the intersection of 168th and West Center Road; and,
WHEREAS,the Subdivider has agreed to provide and pay for this additional work
and be reimbursed by the City; and,
WHEREAS,the First 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 First Amendment to the Subdivision Agreement between the City of
Omaha and Armbrust Village Venture L.P., by its General Partner Rizk/Har-Town G.P., Inc., as
recommended by the Mayor,providing for 270 lineal feet of widening of 168th Street south of West
Center Road is hereby approved.
By
Councilmember
Adopted
City Clerk
•
Approved
Mayor
C45A _ CITY OF OMAHA
", • LEGISLATIVE CHAMBER
Omaha,Nebr August 19, 19 97
PAGE 2
BE IT FURTHER RESOLVED:
THAT,the Finance Department is authorized to reimburse Armbrust Village Venture
L.P. by its General Partner Rizk-Har-Town G.P.,Inc., an estimated amount of$23,100.00 from the
Street Improvement Organization 1444,Fund 103.
APPROVED AS TO FO .
ASSIST CITY ATTORNEY DATE
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By... ... ..-s
Councilmember
Adopted .AU6 9 1997 --�
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Approved '
Mayor
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