RES 2023-0747 - Chestnut Hills (Lots 107-252 and Outlots D-K) - Subdivision Agreement
Rev. 10/9/2019 2
SECTION I
Subdivider and District shall construct and install all items stated in this Section, and perform all other duties listed
in this section. Subdivider and District shall, 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. Subdivider and 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 in this section:
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 plans prepared
by Lamp Rynearson, Inc., copies of which are 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 layouts prepared by
Lamp Rynearson, Inc., copies of which are attached hereto as Exhibit "B".
C. Storm sewers, inlets, manholes and related appurtenances constructed in streets right-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 plans to be prepared by
Lamp Rynearson, Inc., copies of which are 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. A contract with MUD will be provided to the
City 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. A contract with OPPD will be provided to the City 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. A contract with OPPD will be provided to the City as soon as available, but in no
event longer than four months from the date of execution of this agreement.
G. Sidewalks and street trees along both sides of all public streets within the area to be developed shall be
constructed by the Subdivider or District in conformance with Section 53-9 (9), and with Section 55-924
(where applicable), according to the following schedule:
1. Curb ramps shall be constructed per City standards at all public street intersections. Construction
of these ramps shall be included in the street paving project, but shall not take place until after all
conflicting utilities have been installed. The cost for these ramps may be a general obligation
expense.
2. Sidewalks shall be constructed along all street frontages for all outlots as part of the initial public
improvement projects. The cost for these sidewalks shall be specially assessed or paid for
privately, except for sidewalks fronting outlots to be owned by the District, the cost for which may
be a general obligation expense.
3. Sidewalks and street trees 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.
4. Sidewalks and street trees shall be constructed immediately abutting built-upon lots as soon as
weather permits.
5. In any event, all sidewalks and street trees shall be constructed upon any public streets adjacent to
the plat within three (3) years of the recording of the subdivision plat.
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6. Sidewalks shall be constructed by the District along the subdivision’s arterial street frontage of
State Street.
7. Sidewalks along Kilpatrick Parkway shall be constructed at a width of 6 feet, placed in the right-
of-way with a 1 foot offset from the property line. Street trees shall be planted between the
sidewalk and the back of curb and spaced at 35 to 40 feet on center.
H. State Street at the property frontage shall be improved to a three lane roadway. District is authorized to
enter into an interlocal agreement with adjacent SID’s and Douglas County for sharing of costs of these
improvements. An executed copy of this agreement shall be provided to the City prior to recording the final
plat.
I. The Subdivider agrees to grade the subdivision so that the elevation at the property line adjacent to State
Street shall meet the proposed grade established by the Douglas County Engineer for a five-lane section
road. Sections shall be submitted to the Douglas County Engineer and elevations certified by Lamp
Rynearson, Inc. prior to recording the final plat. If the grading has not been completed by the time the
Subdivider wishes to record the plat, the Subdivider may submit a certified check or other suitable financial
guarantee to the City to ensure the completion of the grading within a suitable amount of time.
J. Post-construction stormwater management features and related appurtenances shall be constructed in right-
of-way and outlots, per plat (Exhibit “A”). The plans and specifications for said stormwater management
improvements shall be submitted to and must be accepted by the City prior to starting construction of said
improvements. Said improvements shall be located as shown on the post-construction stormwater
management plans to be prepared by Lamp Rynearson, Inc., copies of which are attached hereto as Exhibit
“H” and are subject to the approval of the City. The City has assigned a project number of OMA-
20180417-4514-P to these plans.
K. Post-construction stormwater maintenance agreement shall be submitted to and reviewed by the City prior
to the commencement of construction of said improvements, and shall comply with the requirements
attached hereto as Exhibit “I”. The maintenance agreement shall delineate the responsibilities of the
District and of the Association and shall be subject to the approval of the City. The maintenance agreement
must include language to control when post-construction stormwater features are constructed, and
differentiate between the requirements of construction site stormwater runoff controls and post-construction
controls. The post-construction stormwater features shall not be installed until such time as they will not be
negatively impacted by construction site runoff. Maintenance actions identified as private, to be performed
by the association, property owner, or other private entity shall run with the land and become the
responsibility of any successors, assigns or future owners, as appropriate.
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, sidewalk and street tree 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".
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.
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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.
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.
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”.
5. The cost of storm sewers and appurtenances may be a general obligation of the District.
C. 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.
D. 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.
E. 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.
F. 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.
G. No funds of the District are to be used for the installation or maintenance of telephone equipment.
H. 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 or duplex residential lots which
shall be specially assessed or paid for privately.
I. Street identification signs may be a general obligation of the District. All street identification signs shall
comply with the Manual on Uniform Traffic Control Devices, and shall be approved, in writing, by the
Traffic Engineer of the City of Omaha prior to installation.
J. The Sediment and Erosion Control Plan to be submitted the City of Omaha for compliance with NPDES
regulations is attached hereto and incorporated herein as Exhibit “E”. The City of Omaha 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 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, and 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.
K. Park fees shall be paid as follows:
1. Neighborhood Park Fee. Neighborhood Park Fees are determined on a case-by-case basis. The
City Parks Department shall review the inter-local agreements entered into by contributing SIDs
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for the costs of land acquisition and construction of the neighborhood parks. The Neighborhood
Park Fee may be a general obligation of the District. The Neighborhood Park contribution shall be
designated for Park 24 of the Suburban Park Master Plan.
2. Trails / Boulevard Fee. There will be no S.I.D. platting fees for trails and boulevards. A Trail and
Boulevard Fee will be assessed at the time of building permit.
The District is authorized to pay $41,700.00 in boulevard improvements. The District is entitled to
an estimated reimbursement of $18,300, based upon the estimate shown in the attached Exhibit D.
Actual reimbursement will be adjusted to reflect final soft and construction costs. The City will
reimburse the District only as monies are available in the Trail and Boulevard fund and in
chronological order of the date of the final plat. It is understood by the District and the City that
the source of repayment shall be limited to the Trail and Boulevards account of the Park
Development Fund. The District is not promised payment from the City for any other grant,
reimbursement nor annexation. The District shall request reimbursement from the City upon
completion of the project and provide supporting cost documentation.
3. Community Parks. Approximately fifty percent (50%) of the Community Park (CP) Fee will be
paid by the S.I.D. at the time of final platting and will qualify to be a general obligation of the
District. This portion of the CP Fee is calculated on a per-acre basis as follows:
Lots 107-252, Residential,
48.30 Acres @ $400.00 per acre $19,320.00
TOTAL: $19,320.00
The remaining portion of the CP Fee will be assessed at the time of building permits on a per-lot
basis.
L. It is mutually agreed that the District shall pay one percent (1%) of the public construction costs, estimated
to be $31,300.00, to the City to facilitate the review and processing of developments to include engineering,
planning, legal and other miscellaneous expenses incurred by the City. The fee may be a general obligation
of the District. The fee shall be paid prior to the City Engineer’s second signature based on the estimated
costs shown on the Source and Use of Funds form, Exhibit “D”, attached, unless contracts exist for said
improvements. If contracts for improvements exist, the fee shall be based on actual contract amounts.
Once the projects have been completed and the costs certified by the District’s engineer, then the District
shall pay any additional monies which are due within thirty (30) days of the engineer’s cost certification.
The District may receive a refund from the City if the improvement costs, as certified by the District’s
engineer are less than shown on the Source and Use of Funds form. The District must request a refund from
the City with the engineers’ certified costs and letter submitted to the Public Works Department. Such
refund shall be paid within thirty (30) days. The fee shall be paid for all District contracts issued for public
improvements.
M. One hundred percent (100%) of the entire cost of all post-construction stormwater management features,
and related appurtenances, may be a general obligation of the District, provided,
1. Land acquisition for the construction of permanent post-construction stormwater management
features may be a general obligation of the District. The District shall own and maintain these
properties in accordance with the maintenance agreement contained herein. All necessary
easements to the City and the District shall be granted at the time of platting. The District may
expend up to 20% soft costs to consummate the transaction.
2. Construction of post-construction stormwater management features or “BMPs” (Best Management
Practices) may be a general obligation of the District, provided they are in conformance with the
“Omaha Regional Stormwater Design Manual”, and are able to be publicly maintained.
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3. Maintenance of post-construction stormwater management features may be paid from the operating
fund of the district provided the maintenance activities are required to maintain the water quality
benefits as designed. Routine mowing, landscaping, screening or other amenities that do not
contribute to water quality shall be paid for by the subdivider and maintained by the Association.
4. Streets and sidewalks adjacent to land acquired by the District for post-construction stormwater
management features may be a general obligation of the District, and sanitary sewers adjacent to
land acquired by the District for post-construction stormwater management features shall be
specially assessed or paid for privately.
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.
Storm warning sirens purchase or installation may be a general obligation. The District shall not acquire any interest
in real property without the prior approval of the City of Omaha.
The estimated general obligation, valuation and debt ratio of the District, as shown on the Source & Use of Funds,
Exhibit “D” and summarized as follows:
Phase General Obligation 95% Valuation Debt Ratio
1 (Lots 1 – 106) $1,237,233 $28,775,500 4.30%
2 (Lots 107-252) $1,733,000 $45,623,750 3.80%
TOTAL $2,970,233 $74,399,250 4.00%
The General Obligation of the District shall be incurred only for costs identified as General Obligation-eligible costs
in this Agreement, and shall not exceed the District engineer’s estimate of probable cost as shown above and on
Exhibit “D,” by more than 10%, except either i) the City Engineer or their designee may administratively approve a
corresponding increase in the General Obligation of the District, or ii) by amendment of this Agreement and
approval by the Omaha City Council. Any General Obligation costs in excess of the approved amount shall be
specially assessed or paid for privately. In no event shall public improvements financed by General Obligation debt
be in excess of 4% of estimated valuations.
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.
D. Post-construction stormwater management maintenance identified as the responsibility of the Association
shall continue to be performed and funded by the Association after annexation by the City. Maintenance
responsibilities of the District shall become that of the City upon annexation.
SECTION V
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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.
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:
i. The amount paid to the contractor.
ii. 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, bond fees and other items shown as
“soft costs”.
iii. A special itemization of all costs of the District not itemized in (i) and (ii) 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.
SECTION VI
A. The District agrees to annually levy a total combined ad valorem property tax of at least 88 cents per $100
taxable valuation until all construction fund debt is converted to bonds, and in no event shall the District’s
total levy, excluding ASIP described below, be less than the total City of Omaha levy.
B. As the total levy (Bond and General) necessary to support the other debt and obligations of the SID for all
projects (including deferred Community Park Fees) decreases below 88 cents per $100 of taxable valuation,
the District shall collect the difference (not to exceed 5 cents per $100 of taxable valuation) between the
new rate and the original 88 cents. All such tax proceeds shall be paid to the City upon collection and
credited to the Arterial Street Improvement Program (ASIP) fund.
C. After written notice from the City to the District of the City’s intention to annex territory of the District, the
District shall not spend assets for a period of ninety (90) days after receiving such notice, except as
provided in Neb. Rev. Stat. §31-794, as amended. Any contract in violation of such statute or this section
shall be voidable by the City after the annexation becomes effective. Notwithstanding anything to the
contrary herein, nothing in this paragraph shall be deemed to restrict the District from complying with
statutory budgeting requirements or from approving contracts that are in the reasonable judgment of the
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Board of Trustees necessary to address an emergency situation within the District or to comply with their
statutory obligations as Trustees.
SECTION VII
In the performance of this Agreement, the District shall not discriminate against any parties on account of race, color,
creed, political or religious affiliation, sex, marital status, sexual orientation, gender identity, national origin, age, or
disability 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 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.
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.
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I. 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" 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
A. The owner of each lot shall make payment to the City of Omaha for the construction of interceptor sewers.
This fee is computed as follows for the lots shown on the plats (Exhibit "A"). Payment shall be made to the
City Permits and Inspections Division prior to receiving a building permit to construct improvements on any
lot. Payment shall be based on the then-current fee on the date of the building permit application, as
adopted by the Omaha City Council. For example, for 2023, the fee would be as follows:
Lots 107-252, Single Family or Duplex Residential,
146 Units; 3,500 Estimated Average Total Square Feet per Unit;
@ 47.7 cents per Total Sq. Ft $243,747.00
TOTAL: $243,747.00
B. 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.
C. 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 City 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. The real estate shall be charged the special sewer fee amount as set forth in Section IX-A for each
lot or parcel.
2. The Special Sewer Connection fee shall be collected by the City 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. In the event of annexation by the City, the Special Sewer Connection Fee shall continue to remain
as a special assessment or charge against each lot which has not previously paid said Special Sewer
Connection Fee. The Special Sewer Connection Fee shall be collected and retained by the City
from each such lot owner before the building sewer is connected to the sanitary system.
D. 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.
E. No sewer permit will be issued by the City for any construction on any lot in the area described in Section
IX-A until payment to the City of the Special Sewer Connection Fee or levy of the Special Assessment for
that particular lot as called for in Section IX-A.
F. The owne r of each lot shall make payment to the City of Omaha for Watershed Management Fees. This fee
is computed as follows for the lots shown on the plats (Exhibit "A"). Payment shall be made to the City
Permits and Inspections Division prior to receiving a building permit to construct improvements on any lot.
Payment shall be based on the then-current fee on the date of the building permit application, as adopted by
the Omaha City Council. For example, for FY2023, the fee would be as follows:
Lots 107-252, Single Family or Duplex Residential,
146 Units @ $1,002.00 $146,292.00
TOTAL: $146,292.00
G. In the event the Subdivider shall plat additional lots which will be in the District, this Agreement shall be
amended by the parties to provide payment of the current fee for the additional lots before any building
permits are issued by the City.
H. The District and the City agree that payment made under Section IX-F of this Agreement shall constitute a
Watershed Management Fee for the area described in Section IX-F and shall be collected by the City as a
Watershed Management Fee or shall be levied as a Special Assessment against the real estate described in
Section IX-F as follows:
1. The real estate shall be charged the Watershed Management Fee amount as set forth in Section IX-
F for each lot or parcel.
2. The Watershed Management Fee shall be collected by the City 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-F
prior to the time any such lot or parcel is built upon.
3. In the event of annexation by the City, the Watershed Management Fee shall continue to remain as
a special assessment or charge against each lot which has not previously paid said Watershed
Management Fee. The Watershed Management Fee shall be collected and retained by the City
from each such lot owner before the building permit is issued.
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 D, I J, and K are common areas and therefore are not building sites. Outlots D, I, J, and K shall be
owned and maintained by the Association, the Subdivider, his successors or assigns. Outlots E, F, G and H
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are Stormwater conveyance and detention areas and therefore are not building sites. Outlots E, F, G and H
shall be owned and maintained by the District.
C. The tree mitigation plan between the Subdivider and the City is attached hereto as Exhibit “F.” The total
number of mitigated trees shown on Exhibit “F” reflects the total number of trees on the mitigation plan in
the Mixed Use Development Agreement. Costs for tree mitigation shall be paid by the Subdivider. The
Subdivider shall provide a certified check or other financial guarantee acceptable to the City in the amount
of $53,040.00 prior to recording the final plat. These costs are based on the following:
1. Acreage of tree canopy to be mitigated =3.2 acres
2. Number of trees per mitigated acre to be planted =69
3. Total number of trees to be planted =221
4. Cost per tree = $200.00 (plus 20% soft costs for a total of $240.00)
The time frame for the mitigation plan completion shall be two years from the date of the City Engineer’s
second signature on the final plat. The City shall release to the Subdivider the financial guarantee for trees
which have been planted and growing at the end of the two year time frame, or sooner if plan is completed.
The City shall retain any remaining monies to plant any trees not planted by the Subdivider in locations
shown on Exhibit "F". The City is hereby granted permission to enter the property to plant such trees. When
the plan has been implemented and certified by the Subdivider's engineer, the funds shall be released to the
Subdivider.
Upon installation of required landscape materials, appropriate measures shall be taken to ensure their
continued health and maintenance. Required materials that do not remain healthy shall be replaced.
D. No separate administrative entity nor joint venture, among the parties, is deemed created by virtue of the
Subdivision Agreement.
E. The administration of this Subdivision Agreement shall be through the offices of the undersigned officers
for their respective entities.
F. This Subdivision Agreement shall be binding upon the parties, their respective successors and assigns and
runs with the land shown on Exhibit "A"”.
G. The violation or breach of this Agreement may be remedied by an action for specific performance, or other
available legal or equitable remedies. Any statute of limitations applicable to an obligation under this
Agreement shall be tolled until the obligee party provides to the obligor party a written demand for
performance of the obligation by a certain deadline.
Space below intentionally left blank – Signature Page to follow
SUBDIVISION AGREEMENT EXHIBIT
EXHIBIT A FINAL PLAT
EXHIBIT B PAVING & STORM SEWER
EXHIBIT C SANITARY SEWER
EXHIBIT D SOURCE & USE OF FUNDS
EXHIBIT D-2 VALUATION INFORMATION
EXHIBIT D-3 DETAILED BREAKDOWN OF ALL SOFT COSTS
EXHIBIT E SEDIMENT & EROSION CONTROL PLAN
EXHIBIT F TREE MITIGATION PLAN
EXHIBIT G POST-CONSTRUCTION STORMWATER MANAGEMENT PLAN
EXHIBIT H POST-CONSTRUCTION STORMWATER MANAGEMENT MAINTENANCE PLAN
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OMAHA, NEBRASKA
14710 W. DODGE RD, STE. 100 (402)496.2498
FORT COLLINS, COLORADO
4715 INNOVATION DR., STE. 100 (970)226.0342
KANSAS CITY, MISSOURI
9001 STATE LINE RD., STE. 200 (816)361.0440
MATTHEW R. TINKHAM
LS-692
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LS-692
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LAMPRYNEARSON.COM
OMAHA, NEBRASKA
14710 W. DODGE RD, STE. 100 (402)496.2498
FORT COLLINS, COLORADO
4715 INNOVATION DR., STE. 100 (970)226.0342
KANSAS CITY, MISSOURI
9001 STATE LINE RD., STE. 200 (816)361.0440
CODY BUCKLAND
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LAMPRYNEARSON.COM
OMAHA, NEBRASKA
14710 W. DODGE RD, STE. 100 (402)496.2498
FORT COLLINS, COLORADO
4715 INNOVATION DR., STE. 100 (970)226.0342
KANSAS CITY, MISSOURI
9001 STATE LINE RD., STE. 200 (816)361.0440
CODY BUCKLAND
Hunzeker Property 0117042.01 L:\Engineering\0117042 Hunzeker Property\DESIGN DATA\Estimates
Printed: 3/21/2023
ORDER OF MAGNITUDE COST ESTIMATE
PHASE 1 EXHIBIT D
Proposed Improvement Quantity Unit
Construction
Cost Total Cost General
Obligation
Soft
Cost
%
Special
Soft
Cost
%
Reimbursable
SANITARY SEWER
Interior 10 LF $512,726.50 $790,488.14 $0.00 0% $790,488.14 54% $0.00
STORM SEWER
Interior 962 LF $279,401.66 $400,365.67 $400,365.67 43% $0.00 0% $0.00
Culvert 1 LS $0.00 $0.00 $0.00 0% $0.00 0% $0.00
PAVING
Minor 14447 SY $710,568.07 $1,009,114.35 $269,682.52 42% $739,431.83 42% $0.00
* State Street 2550 TN $632,400.00 $698,660.00 $349,330.00 10% $0.00 0% $349,330.00
SIDEWALKS 2225 SF $37,149.00 $51,973.06 $51,973.06 40% $0.00 0% $0.00
PARKS
Fees 27.85 AC $11,140.00 $13,243.60 $13,243.60 19% $0.00 0% $0.00
Improvements - Kilpatrick Parkway $0.00 $0.00 $0.00 0% $0.00 0% $0.00
Park Contribution 0 LS $0.00 $0.00 $0.00 0% $0.00 0% $0.00
WATER
Interior 1 LF $369,611.00 $470,659.35 $0.00 0% $470,659.35 27% $0.00
Off-Site 1 LS $395,957.00 $504,208.11 $132,190.47 27% $0.00 $372,017.64
POWER 106 Lots $143,100.00 $195,695.41 $0.00 0% $195,695.41 37% $0.00
GAS 1 LS $0.00 $0.00 $0.00 0% $0.00 0% $0.00
PLAN REVIEW FEE 1 % $17,200.00 $20,447.92 $20,447.92 19% $0.00 0% $0.00
* Future Costs
Total $3,109,253.23 $4,154,855.61 $1,237,233.24 $2,196,274.73 $721,347.64
Residential Valuation 106 Lots $30,290,000.00 Debt Ratio 4.30%
Total Valuation $30,290,000.00
95% Valuation $28,775,500.00
3/21/2023 2:49 PM Page 1 of 1 ESTIMATE 0117042 PH1.xlsx
Hunzeker Property 0117042.01 L:\Engineering\0117042 Hunzeker Property\DESIGN DATA\Estimates
Printed: 3/21/2023
ORDER OF MAGNITUDE COST ESTIMATE
PHASE 2 EXHIBIT D
Proposed Improvement Quantity Unit
Construction
Cost Total Cost General
Obligation Special Reimbursable Future
SANITARY SEWER
Interior 4792 LF $913,300.00 $1,321,300.00 $0.00 $1,321,300.00 $0.00 $0.00
STORM SEWER
Interior and Culvert 2662 LF $592,700.00 $837,200.00 $837,200.00 $0.00 $0.00 $0.00
PAVING
Minor 22400 SY $1,437,800.00 $2,012,100.00 $491,900.00 $1,520,200.00 $0.00 $0.00
State St 0 SY $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
SIDEWALKS 17670 SF $143,100.00 $197,700.00 $197,700.00 $0.00 $0.00 $0.00
PARKS
Fees 48 AC $19,300.00 $21,400.00 $21,400.00 $0.00 $0.00 $0.00
Improvements - Kilpatrick Parkway $41,700.00 $58,500.00 $29,000.00 $11,200.00 $18,300.00 $0.00
Park Contribution 1 LS $30,000.00 $33,900.00 $0.00 $0.00 $0.00 $33,900.00
WATER
Interior 1 LS $920,155.95 $1,159,200.00 $0.00 $1,159,200.00 $0.00 $0.00
Off-Site 1 LS $112,373.00 $126,700.00 $126,700.00 $0.00 $0.00 $0.00
POWER 146 Lots $219,000.00 $292,800.00 $0.00 $292,800.00 $0.00 $0.00
GAS 1 LS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
PLAN REVIEW FEE 1 % $31,300.00 $35,100.00 $35,100.00 $0.00 $0.00 $0.00
Total $4,460,728.95 $6,095,900.00 $1,739,000.00 $4,304,700.00 $18,300.00 $33,900.00
Residential Valuation 146 Lots $48,025,000.00 Debt Ratio 3.81%
Total Valuation $48,025,000.00
95% Valuation $45,623,750.00
GO 40% SOFT COST CAP CHECK (STM, PAV, PAV MAJ, SW) GO SOFT COST %
TOTAL GO CONSTRUCTION COST $1,086,300.00 40.6%
TOTAL GO SOFT COST $440,500.00
MAX TOTAL SOFT COST $434,500.00 40.0%
DIFFERENCE $6,000.00
Total $4,460,728.95 $6,095,900.00 $1,733,000.00 $4,310,700.00 $18,300.00 $33,900.00
Debt Ratio 3.80%
3/21/2023 2:58 PM Page 1 of 1 ESTIMATE 0117042 PH2.xlsx
Hunzeker Property 0117042.01 L:\Engineering\0117042 Hunzeker Property\DESIGN DATA\Estimates
Printed: 3/21/2023
ORDER OF MAGNITUDE COST ESTIMATE
EXHIBIT D
Proposed Improvement Quantity Unit
Construction
Cost Total Cost General
Obligation Special Reimbursable Future
SANITARY SEWER
Interior 4802 LF $1,426,026.50 $2,111,788.14 $0.00 $2,111,788.14 $0.00 $0.00
STORM SEWER
Interior and Culvert 3624 LF $872,101.66 $1,237,565.67 $1,237,565.67 $0.00 $0.00 $0.00
PAVING
Minor 36847 SY $2,148,368.07 $3,021,214.35 $761,582.52 $2,259,631.83 $0.00 $0.00
State St 2550 TN $632,400.00 $698,660.00 $349,330.00 $0.00 $349,330.00 $0.00
SIDEWALKS 19895 SF $180,249.00 $249,673.06 $249,673.06 $0.00 $0.00 $0.00
PARKS
Fees 76.15 AC $30,440.00 $34,643.60 $34,643.60 $0.00 $0.00 $0.00
Improvements - Kilpatrick Parkway 1 LS $41,700.00 $58,500.00 $29,000.00 $11,200.00 $18,300.00 $0.00
Park Contribution 1 LS $30,000.00 $33,900.00 $0.00 $0.00 $0.00 $33,900.00
WATER
Interior 1 LS $1,289,766.95 $1,629,859.35 $0.00 $1,629,859.35 $0.00 $0.00
Off-Site 1 LS $508,330.00 $630,908.11 $258,890.47 $0.00 $372,017.64 $0.00
POWER 252 Lots $362,100.00 $488,495.41 $0.00 $488,495.41 $0.00 $0.00
GAS 1 LS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
PLAN REVIEW FEE 1 % $48,500.00 $55,547.92 $55,547.92 $0.00 $0.00 $0.00
Total $7,569,982.18 $10,250,755.61 $2,976,233.24 $6,500,974.73 $739,647.64 $33,900.00
$51,134,253.23 $4,154,855.61 #VALUE! $0.04 $2,196,274.73 $0.00
Residential Valuation 252 Lots $78,315,000.00 Debt Ratio 4.00%
Total Valuation $78,315,000.00
95% Valuation $74,399,250.00
3/21/2023 3:05 PM Page 1 of 1 ESTIMATE 0117042 TOTAL.xlsx
Hunzeker Property 0117042.01L:\Engineering\0117042 Hunzeker Property\DESIGN DATA\Estimates
DEBT RATIO
ASSUMPTIONS
Average market Value Per 65' Residential Home = $290,000.00
(Includes Land Value)
Average market Value Per 65' Residential Home - Phase 2 = $350,000.00
(Includes Land Value)
Average market Value Per 55' Villa Home = $275,000.00
(Includes Land Value)
Average market Value Per 50' Residential Home = $275,000.00
(Includes Land Value)
Average market Value Per 45' Residential Home = $0.00
(Includes Land Value)
Commercial Land Value per square foot =
Commercial Building Value per square foot =
Apartment Land per square foot =
Apartment Building per square foot =
ASSESSABLE VALUATION
65' Residential Home - Phase 1 76 Units = $290,000.00 = $22,040,000.00
65' Residential Home - Phase 2 105 Units = $350,000.00 = $36,750,000.00
55' Villa Residential Home 46 Units = $275,000.00 = $12,650,000.00
50' Residential Home 25 Units = $275,000.00 = $6,875,000.00
45' Residential Home Units = $0.00 = $0.00
Commercial Land AC = $0.00 = $0.00
Commercial Building SF = $0.00 = $0.00
Apartment Land AC = $0.00 = $0.00
Apartment Building Units = $0.00 = $0.00
252 Total 100% Valuation = $78,315,000.00
Total 95% Valuation = $74,399,250.00
DEBT RATIO =4.00%
3/21/2023 2:48 PM Page 2 of 2 ESTIMATE 0117042 TOTAL.xlsx
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LAMPRYNEARSON.COM
OMAHA, NEBRASKA
14710 W. DODGE RD, STE. 100 (402)496.2498
FORT COLLINS, COLORADO
4715 INNOVATION DR., STE. 100 (970)226.0342
KANSAS CITY, MISSOURI
9001 STATE LINE RD., STE. 200 (816)361.0440
CODY BUCKLAND
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TREE MITIGATION CALCULATIONS:Know what's below.
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LAMPRYNEARSON.COM
OMAHA, NEBRASKA
14710 W. DODGE RD, STE. 100 (402)496.2498
FORT COLLINS, COLORADO
4715 INNOVATION DR., STE. 100 (970)226.0342
KANSAS CITY, MISSOURI
9001 STATE LINE RD., STE. 200 (816)361.0440
CODY BUCKLAND·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
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LAMPRYNEARSON.COM
OMAHA, NEBRASKA
14710 W. DODGE RD, STE. 100 (402)496.2498
FORT COLLINS, COLORADO
4715 INNOVATION DR., STE. 100 (970)226.0342
KANSAS CITY, MISSOURI
9001 STATE LINE RD., STE. 200 (816)361.0440
CODY BUCKLAND
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LAMPRYNEARSON.COM
OMAHA, NEBRASKA
14710 W. DODGE RD, STE. 100 (402)496.2498
FORT COLLINS, COLORADO
4715 INNOVATION DR., STE. 100 (970)226.0342
KANSAS CITY, MISSOURI
9001 STATE LINE RD., STE. 200 (816)361.0440
CODY BUCKLAND
POST CONSTRUCTION BASIN
BASIN INFORMATION DRAINAGE AREA A DRAINAGE AREA B DRAINAGE AREA C DRAINAGE AREA D DRAINAGE AREA E
POND A B C D E
RECEIVING STREAM
UNNAMED
TRIBUTARY TO BIG
PAPILLION CREEK
UNNAMED
TRIBUTARY TO BIG
PAPILLION CREEK
UNNAMED
TRIBUTARY TO BIG
PAPILLION CREEK
UNNAMED
TRIBUTARY TO BIG
PAPILLION CREEK
UNNAMED
TRIBUTARY TO BIG
PAPILLION CREEK
SIZE OF DRAINAGE
AREA (AC)
WQCV REQUIRED FT^3
(DRAINAGE AREA X 1
2")
WQCV PROVIDED
(FT^3)
Exhibit G
Post-construction stormwater maintenance agreement
1. Construction site stormwater runoff controls
This section should define the controls used to manage stormwater runoff during construction. It should also contain
information defining when the controls are installed, when they are taken out and how/when they are converted to a
permanent post-construction feature (if applicable)
2. Post-construction stormwater management features
Define the features to be used as permanent post-construction stormwater management controls.
3. Timing of installation of post-construction stormwater management features
Provide a schedule (either a timeline, or percentage of buildout) defining when the permanent post-construction
stormwater features will be installed. They should not be installed at such a time to treat or control construction site
runoff, or to become impaired by construction site runoff. Some features may not be built until developments are
significantly built out.
4. Maintenance responsibilities of the District
Define what the maintenance requirements of the post-construction stormwater management features are to provide
the required treatment. Maintenance responsibilities of the District will be limited to activities that preserve the
ability of the feature to retain, detain, convey or treat stormwater runoff, as designed. Maintenance responsibilities
of the District will become that of the City upon annexation.
5. Maintenance responsibilities of the Association
Define what maintenance activities will be the responsibility of the Association (or other private entity). These
include routine mowing, landscaping, vegetation removal or control, private amenities and other features not
specifically necessary to retain, detain, convey or treat stormwater runoff. Maintenance of adjacent sidewalks will
also be the responsibility of the Association.
6. Transfer of Maintenance Responsibilities
This maintenance Agreement shall be binding upon the parties, their respective successors and assigns and runs with
the land shown on Exhibit "A".