RES 1997-2029 - Subdivision agmt, Westin Hills i „ "1_‘
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C+t,q Pj-! 1.. +1` - �i , 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 Subdivision Agreement between Celebrity Homes, Inc.,
Sanitary and Improvement District.(S.&I.D.) 415 of Douglas County, Nebraska and the City of
Omaha. This Subdivision Agreement covers the public improvement of Westin Hills, a subdivision
located Southwest of 144th and Fort Streets.
This Subdivision Agreement stipulates which public improvements will be built by S.&.I.D. 415,
those which will be paid for by special assessment and those to be paid for by General Obligation
of S.&I.D. 415. The estimated total cost of improvements is $4,352,906.00 of which$1,502,786.00
will be paid by General Obligation. Included in the General Obligation amount is $21,400.00 to
purchase Lots 91 and 92 to be used as S.&I.D.park property. If S.&I.D. 415 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.
/ - 7 �"/ " 7
on . lliott, .E. ' Date Robert C. Peters Date
Director Acting Planning Director
oved: Refe to City C uncil for Consideration:
< '`� �7/9,
Louis A. D'Ercole Date Mayor's Office/Titl -4 )�a e
•
Finance Director '
Ap rove :
\, tvrin ( c.(//T/
7
J es P. Cleary, Director Date
arks, Recreation, and Publi roperty
P:\PW 1\3528.MAF
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SUBDIVISION AGREEMENT
THIS AGREEMENT, made and entered into this lay of , 1997, by
and between CELEBRITY HOMES, INC., hereinafter referred as ' ubdivider"),
SANITARY AND IMPROVEMENT DISTRICT NO. 415 of UGL 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.
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B. "Property benefitted" shall mean property within the Subdivider's subdivision
(Exhibit "A") which constitutes building sites. Outlots "A", "B", "C", "D", "E" and
Lots 91 and 92 are not building sites.
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.
E. "Linear Transportation Corridor' shall mean property acquired as public property for
the construction of public recreational trails and vehicular travel. Facilities
developed within this corridor shall be limited to trail paths, landscaping, boundary
fencing, signage, benches, utilities, streets, lighting and parking areas.
F. "Linear Trail Corridor" shall mean property acquired as public property for the
construction of public recreational trails. Facilities developed within this trail corridor
shall be limited to trail paths, landscaping, boundary fencing, signage, benches,
utilities, lighting and parking areas. The maintenance level of these properties shall be
at a lesser standard than provided for park property.
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".
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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
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 Fort Street 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. A 10' wide and 5" thick concrete linear trail and related items including but not
limited to fencing, signage, grading, drainage structures and landscaping shall be
constructed in Outlots A, B, C, D, and E (per Exhibit "A") along 144th Street and
along the entire southerly boundary of the subdivision. Plans must be approved by
the Parks Department and Park Board prior to construction.
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I. A permanent detention basin and related items including but not limited to outlet
structure and piping, grading, rip-rap, native grass seeding, wetland seeding and
tree replacement shall be constructed on an easement acquired by the District
located generally immediately south of Fort Street and immediately west of the
subdivision as shown on Exhibit "D". Plans for said permanent detention basin
must be approved by the Corps of Engineers, PMRNRD, and the City of Omaha
Parks Department prior to construction.
J. Turning lane improvements shall be constructed in the vicinities of 144th and
Larimore Street and also Fort Street and 144th Avenue as shown on Exhibit "E".
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 against the property benefited
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 "E" 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
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".
(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
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C. The cost of storm sewers and appurtenances may be a general obligation of the
District.
D. The cost of permanent detention basins as shown on Exhibit "D" including any
charges by the U.S. Corps of Engineers for land use and appurtenances may be
a general obligation 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.
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, 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. Also, 4' of the 10' wide linear trail along the east frontage of
multi-family Lot 298 shall be specially assessed.
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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 initial construction cost of grading and piping for temporary sediment and
erosion control facilities shall be paid for privately. Removal of sediment from
erosion control basins and other related maintenance of erosion control facilities
will be paid from the District's general fund. The costs of removal of the entire
sedimentation basin at the appropriate time may be a general obligation.
O. The costs of the linear trail and related items, located on Outlots "A", "B", "C", "D",
and "E" may be a general obligation of the District. The Subdivider agrees to sell
Outlots "A" and "B" to the District to be used as a Linear Transportation Corridor for
the raw ground price of 2.743 acres x $20,000 = $54,860.00. The District soft costs
for the purchase shall not exceed 20% of the purchase price. Outlots "C", "D", and
"E" shall be used as Linear Trail corridor and shall be donated by the Subdivider to
the District. Subdivider shall, contemporaneously with the filing of the Final Plat
transfer title of Outlots "A", "B", "C", "D", and "E" to the District. Linear trail
improvements , as itemized on Exhibit "F" may be a general obligation of the
District. Linear trail plans and construction agreements shall be approved by the
Omaha Parks Department and the Omaha Parks Board prior to bidding and/or
acceptance by the District.
P. The Subdivider agrees to sell Lots 91 and 92 to the District to be used as district
Park Property for the raw ground price of 1.070 acres x $20,000 = $21,400.00. The
District soft costs for the purchase shall not exceed 20% of the purchase price.
Subdivider shall, contemporaneously with the filing of the Final Plat transfer title of
Lots 91 and 92 to the District.
Q. In the future, with the approval of the City Finance Department and Parks
Department , the District may enter into an Interlocal Agreement with adjacent
Districts to construct and agree to payment for park improvements.
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.
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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.
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, C, D, E, Lot 91, and Lot 92 will not be specially
assessed.
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 assessments 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.
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• 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 nct 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 Ouffall 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
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.
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• 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:
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 for the fee in the amount
of $269,636.40 for the construction of interceptor sewers. This fee is computed
as follows for the lots shown on the plat (Exhibit "A").
Lots 1-17,inclusive; 60-90, inclusive; and 93-297, inclusive
R4 Single family Lots, 253 Lots @ $673.20 $170,319.60
Lots 18-59, inclusive;
R5 Duplex Lots, 42 Lots @ $1,346.40/Lot = $56,548.80
Lot 298, 6.92 Ac R6, Multi Family
120 Units @ $356.40 per Unit =$42,768.00
TOTAL: $269,636.40
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 of real estate or levied as a Special Assessment in the amount as
shown in Section IX-A prior to the time 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. No separate administrative entity nor joint venture, among the parties, is deemed created by
virtue of the Subdivision Agreement.
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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 "D") 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 permanent sediment basin is operable and written permission
is received from the Public Works Department to remove the basins.
E. A permanent sediment basin is to be constructed on an easement acquired by the District.
Maintenance of said basin will be performed by the District and paid for from the general fund up
until such time as the subdivision is annexed by the City of Omaha at which time maintenance will
be performed by the City of Omaha.
F. The District shall assume maintenance responsibilities for the existing sanitary sewer within Lots
298 and 43.
G. This Subdivision Agreement shall be binding upon the parties, their respective successors
and assigns and runs with the land shown on Exhibit "A".
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IN WITNESS WHEREOF, we the executing parties, by our respective duly authorized agents,
i% hereby enter into this Agreement, effective on the day and year first above written.
ATTEST: CITY OF OMAHA
-ve07Piq 71
CITY RK Date �� •Y R v
I 10.
C C 0 D to
. ATTEST: SANITARY AND IMPROVEMENT
DISTRICT NO. 415 OF DOUGLAS
COUNTY, NEBRASKA
> -/z-97 / " ii 5'7
e Date C I RMAN Da
CELEBRITY HOMES, INC.
/ L `l
le Larsen, President to
APPROVED AS TO FORM
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SS1SThNT/ TTORNEY DATE
4x
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' ACKNOWLEDGEMENT OF NOTARY
STATE OF NEBRASKA )
)SS
COUNTY OF DOUGLAS )
On this l ZtAday of JUh2 , 1997, before me a Notary Public, duly commissioned and
qualified in and for said County, appeared GALE LARSEN, President, Celebrity Homes, Inc., who is
personally known by me to be the identical person whose name is affixed to this Subdivision
Agreement, and acknowledged the execution thereof to be his voluntary act and deed as such officer
of said Corporation.
WITNESS my hand and Notarial Seal the day and year last above written.
GENERAL NOTARY-State of Nebraska
CSIt4i° ;(6:- St&e-fAVi't
Seal 11 DIANE L.HENNINGER
Notary Public "Z My Comm.Exp.Oct 31,1999
ACKNOWLEDGEMENT OF NOTARY
STATE OF NEBRASKA)
)SS
COUNTY OF DOUGLAS)
On this iN day of c7u#e , 1997, before me a Notary Public, duly commissioned and
qualified in and for said County, appeared 6a/e LarSeki , Chairman of
Sanitary and, Improvement District 415, is personally known by me to be the identical person whose
name is affixed to this Subdivision Agreement, and acknowledged the execution thereof to be his
voluntary act and deed as Chairman of said Sanitary and Improvement District.
WITNESS my hand and Notarial Seal the day and year last above written.
ihi-AL14 Seal 1 GENERAL NOTARY-Slate of Nebraska
DIANE L.HENNINGER
Notary Public "4 •• My Comm.Exp.Oct 31,1999
15
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EXHIBIT"F"
ESTIMATE OF COSTS FOR LINEAR TRAIL IMPROVEMENTS
ITEM QUANTITY UNIT UNIT PRICE TOTAL
FINE GRADE 1 L.S. $ 2,000 $ 2,000
5" CONC. TRAIL 34,500 S.F. $ 2.30 $ 79,350
ROUND RAIL FENCE 3,850 L.F. $ 6.00 $ 23,100
LANDSCAPE & SEED 1 L.S. $ 20,000 $ 20,000
SIGNAGE 2 EACH $ 1,000 $ 2,000
TOTAL CONSTRUCTION $ 126,450
ENGIN., FISCAL, LEGAL& INTEREST 40% $ 50,580
TOTAL $ 177,030
0
C2A•
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr July 15, 19 97
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,Celebrity Homes,Inc.,proposes to build a subdivision to be known as
Westin Hills which will be located Southwest of 144th and Fort Streets; and,
WHEREAS, Sanitary and Improvement District(S.&I.D.) 415 has been formed to
build public improvements in this subdivision; and,
WHEREAS, Celebrity Homes, Inc., 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 agrees to pay$269,636.40 as a sewer connection fee to be
used for the construction of the sewers in the Papillion Creek Watershed; and,
WHEREAS, the Subdivider agrees to sell Lots 91 and 92 to S.&I.D. 415 for
$21,400.00 to be used as a park; and,
WHEREAS,the Subdivider agrees to sell Outlots A and B for$54,860.00 to S.&.I.D.
415 to be used as linear transportation corridor; and,
WHEREAS,the Subdivider agrees to donate Outlots C,D, and E to S.&I.D. 415 to
be used as linear trail corridor;and,
WHEREAS, a Subdivision Agreement has been prepared setting forth all the
provisions mentioned above.
By
Councilmember
Adopted
City Clerk
Approved
Mayor 4
2
r
2 A ._. CITY OF OMAHA
w Y
i LEGISLATIVE CHAMBER
Omaha,Nebr July 15, 19 9 7
PAGE 2
i 4
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 415 of Douglas County,Nebraska,and Celebrity Homes,Inc.,as recommended
by the Mayor,providing for the public improvements,park property and linear transportation corridor
acquisition,linear trail donation and sewer connection to the Omaha Sanitary Sewer System,is hereby
approved.
APPROVED AS TO FORM:
SS1ST C ATTORNEY DATE
P:\PW1\3529.MAF
By.
------_- • ember.
Adopted .Ul...2..2..1997
4 ity Clerk
Approved.
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