RES 1995-3007 - Subdivision agmt, Pacific Springs /D a,re c c
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ti,- f P_RA k 3007
4 DMAHA,/yF�q - i '+ E C L j ,b` F f,i
�'.-M .; October 31 , 1995
Evli'? ` • 95 OCT 20 PF` 03
CITY CLERKO'PED FEBUrC`
Honorable President 0 t1 A H A, N E;H A S K ;,
City of Omaha
Hal Daub,Mayor and Members of the City Council,
Public Works Department
Omaha/Douglas Civic Center
1819 Farnam Street,Suite 601 The attached Resolution approves the Subdivision Agreement between Lanoha-
Omaha,Nebraska 68183-0601
(402)444-5220 Pacific Development, Inc., Sanitary and Improvement District(S.&I.D.) 398 of
Telefax(402)444-5248 Douglas County,Nebraska and the City of Omaha. This Subdivision Agreement
Michael J.DeSelm,P.E. covers the public improvement of Pacific Springs, a subdivision located
Acting Director Northeast of 180th Street and Pacific Street.
This Subdivision Agreement stipulates which public improvements will be built
by S.&.I.D. 398,those which will be paid for by special assessment and those to
be paid for by General Obligation of S.&I.D. 398. The estimated total cost of
improvements is $1,679,200.00 of which $263,600.00 will be paid by General
Obligation. If S.&I.D. 398 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.
6-1 -n�.1
9
Michael J.DeSelm, P.E. 9-
Acting Director 6,(o, Steven Jensen
Acting Planning Directo
Approved: Referred to the City Council for
Consideration:
Louis A. D'Ercole Mayor's Office/ 't1
Acting Finance Dire r
P:\PW\2390.SKZ
J.E. ,
SUBDIVISION AGREEMENT
THIS AGREEMENT, made and entered into this /,g; day of .....004/4 triJ-,
1995, by and between LANOHA-PACIFIC DEVELOPMENT, INC., a Nebraska corpora on
(hereinafter referred to as "Subdivider") , PACIFIC SPRINGS HOMEOWNERS
ASSOCIATION, a Nebraska not-for-profit corporation (hereinafter referred to as
"Association") , SANITARY AND IMPROVEMENT DISTRICT NO. 398 OF DOUGLAS COUNTY,
NEBRASKA (hereinafter referred to as "District") , and the CITY OF OMAHA, a
Municipal Corporation in the State of Nebraska (hereinafter referred to as
"City") .
WITNESSETH
WHEREAS, Subdivider is the owner of the land included with the proposed
plat attached hereto as Exhibit "A", which parcel of land (hereinafter referred
to as the "Area to be Developed") is outside the corporate limits of the City 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, the District being a Sanitary and
Improvement District created at the request of and controlled by the Subdivider,
which is the sole Owner(s) of all the lands within the boundaries thereof; 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 Subdivider has or will create the Pacific Springs Homeowners
Association comprised of all lots within the subdivision; 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 accep-
tance of the improvement by the Board of Trustees of the District.
B. "Property benefitted" shall mean property within the Subdivider's
subdivision (Exhibit "A") which constitute 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.
SECTION I
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
i
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 Kirkham, Michael & Associates, 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
Kirkham, Michael & Associates, a copy of which is attached hereto as Exhibit "C".
C. Storm sewers, inlets, manholes, and related appurtenances constructed
in street rights-of-way and easements, per plat (Exhibit "A") , plans and
specifications for said sewer improvements to be approved by City prior to
starting construction of said improvements to be located as shown on storm sewer
plan prepared by Kirkham, Michael & Associates, a copy of which is attached
hereto as Exhibit "D".
D. Water and gas distribution mains located within dedicated street
rights-of-way dedicated per plat (Exhibit "A") to be installed by the Metro-
politan Utilities District. (Contract with MUD will be provided as soon as
available but in no event longer than four (4) 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 (4) 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 (4)
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 on either side of any block or cul-de-sac (i.e. , circle) as soon as
the lots comprising sixty-five percent (65%) of the abutting footage on
such side have been built upon.
(2) In any event, all sidewalks shall be constructed upon both
sides of any public streets within three (3) years of the recording of the
subdivision plat.
(3) Sidewalks are to be installed along Pacific Street and 180th
Street, with the paving project as a general obligation of the District,
except for sidewalks fronting Lots 31, 32, and 33, which will be specially
assessed.
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:
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A. One hundred percent (100%) of the entire cost of all street and
sidewalk construction shall be paid by special assessment against the property
benefitted within the area to be developed, except for street intersections and
certain extra-width and major street paving may be a general obligation, as •
indicated in Exhibit "B". Grading or paving of major streets 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 benefitted within the area to be developed, provided,
(1) Connection charges paid to other sanitary and improvement
districts shall be special assessed to the extent of special benefit to
properties in the District, and the remainder may be a 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".
C. The cost of storm sewers, channel improvements, and appurtenances may
be a general obligation of the District.
D. 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 benefitted 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. No funds of the District are to be used for the installation or
maintenance of telephone equipment.
J. The District has agreed to purchase Lot 30 of Pacific Springs and the
Subdivider has agreed to sell such lot for a total price of Two Hundred Thirty-
Eight Thousand Three Hundred Sixty and no/100 Dollars ($238,360.00) , which shall
become a public park of the District. One hundred percent (100%) of the entire
cost of the public park improvements in an amount not to exceed Three Hundred
Thousand Six Hundred and no/100 Dollars ($300,600.00) , may be a general
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obligation of the District. All improvements to the park shall be coordinated
with and approved in advance by the Parks and Recreation Department of the City.
SECTION III
Credit or funds of the District may be used to pay for any public
improvements specified in this Agreement, but not for any other purpose.
PROVIDED, HOWEVER, the District may issue warrants for the purpose of paying for
repairs, maintenance, and operating costs of the District, such warrants to be
paid out of funds obtained by the District through its general fund tax levy, or
where allowed by law, may be paid from special assessments or fees or charges.
Maintenance, repair, and reconstruction of a public improvement shall not be a
general obligation of the District nor shall construction warrants be issued
therefor without the prior written approval of the City Engineer. The District
shall not acquire any interest in real property without the prior approval of the
City of Omaha.
SECTION IV
A. City covenants and agrees that should the City, by reason of its
annexation of the District, or any area thereof, prior to District's levy of
special assessments for the improvements authorized in this Agreement thereby
succeed to said District's power to levy special assessments, that City will levy
same in accordance with this Agreement.
B. All parties covenant and agree that nothing in this Agreement shall
be construed so as to oblige the City to annex the area to be developed or any
part thereof.
C. The District shall not sue, nor fund any lawsuit to prevent any
annexation of property within the District by the City except in the event the
City annexes only a part of the District, the District does not waive its right
to contest a proper division of assets and liabilities.
SECTION V
Subdivider and District covenant and agree that the District created by the
Subdivider will:
A. Abide by and incorporate into all of its construction contracts the
provisions required by the regulations of the City pertaining to construction of
public improvements in subdivisions and testing procedures therefor.
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.
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(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 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 minimum ad valorem property
tax levy of 85 cents per $100 of taxable valuation for all tax collection years
through the year that all district warrants can be paid on a cash basis and/or
are 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, a
projected annual general fund 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
obligations as required in the cash flow projection.
SECTION VII
In the performance of this Agreement, the District shall not discriminate
against any parties on account of race, national origin, sex, age, political or
religious affiliations in violation of federal or state laws or local ordinances.
SECTION VIII
A. Subject to the conditions and provisions hereinafter specified, the
City hereby grants permission to the District to connect its sewer system to the
sewer system of the City for a period not to exceed ten (10) years, in such
manner and at such place or places designated on plans submitted by the District
and approved by the City.
B. Upon the completion of any Sanitary Outfall Sewer, if any, built by
the District, the City shall be granted and they shall accept control and
operation of the facility. The District shall convey by proper legal instrument
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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 or sewers 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 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 ordinances, statue, 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
any 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.
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.
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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.
SECTION IX
A. Payment for Construction of Interceptor Sewers.
The District shall make payment to the City of Omaha the fee in the amount of
$169,607.59, for the construction of interceptor sewers. This fee is computed
as follows for the lots shown on the plat (Exhibit "A") .
Lots 1 through 29, inclusive,
Pacific Springs (single-family residential lots)
29 lots @ $673.20 per lot = $ 19,522.80
Lot 31, Pacific Springs (commercial lot)
2.5 acres @ $3,878.16 per acre = $ 9,695.40
Lot 32, Pacific Springs (commercial lot)
17.5 acres @ $3,878.16 per acre = $ 67,867.80
Lot 33, Pacific Springs (school lot)
18.7 acres @ $3,878.16 per acre = $ 72,521.59
Lot 30, Pacific Springs (park lot)
10.1 acres (Exempt) = $ -0-
If such areas are replatted or the use of such lots is changed, the fee charged
shall be changed by the City on the basis of the wastewater flow generated
compared to that generated by single-family residences.
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:
41110
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(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 or real estate or levied as a Special
Assessment in the amount as shown in Section IX-A prior to the time of any
such lot or parcel is built upon and before the building sewer is
connected to the Sanitary system of the District.
(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 this 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. The erosion control plan is attached hereto and incorporated herein
as Exhibit "E". Costs for erosion control shall be paid by Subdivider.
E. Pacific Springs Homeowners Association will provide ongoing
maintenance for the landscape easements located on each lot within the
Subdivision.
F. Binding Effect. This Subdivision Agreement shall be binding upon the
parties, their respective successors and assigns.
IN WITNESS WHEREOF, we, the executing parties, by our respective duly
authorized agents, hereby enter into this Agreement, effective on the day and
year first above written.
ATTEST: .CITYi'iF O
ir
it/ of
By
i y ler Mayo Dat
PACIFIC SPRINGS HOMEOWNERS ASSOCIATION,
By
M SANITARY AND I PROVEMENT DISTRICT
ATTEST: NO. 398 OF DOUGLAS COUNTY, NEBRASKA
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)-- C---P(4- __ _________
Clerk Chairman
LANOHA-PACIFIC DEVELOPMENT, INC. ,
ATTEST: a Nebraska corporation
1 By J--21-----
Sec etary President a
APPROVED AS TO FORM:
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AGREEMENT
THIS AGREEMENT,is hereby made and entered into this ifk.c—Fay 4,021 1997,
by and between THE CITY OF OMAHA,a Municipal Corporation,hereinafter refe 2 d to as "City",
and SID #383,PACIFIC SPRINGS, a sanitary and improvement district, hereinaft- referred to as
"SID".
WITNES SETH:
WHEREAS, City is a Municipal Corporation and a city of the metropolitan class created and
existing pursuant to the statutes of the State of Nebraska and operating pursuant to the Home Rule
Charter of the City of Omaha, 1956, as amended; and,
WHEREAS, SID is a sanitary and improvement district created and existing pursuant to the
statutes of the State of Nebraska; and,
WHEREAS, SID has offered to provide a monetary contribution to be used for park
planning, acquisition and development in lieu of providing real property for park purposes within
the corporate boundaries of SID; and,
WHEREAS, such contributions have been approved in subdivision agreements previously
submitted for City Council approval; and,
WHEREAS,the Concept Element of the Park Master Plan includes the goal of achieving fair
and equitable participation in the costs of park planning, acquisition and improvements by all
development projects; and,
WHEREAS, under said Omaha Charter and under the provisions of the Nebraska Interlocal
Cooperation Act, § 13-801 et seq. R.R.S. Neb. 1943 cooperative agreements of the nature of these
presents are authorized between governmental subdivisions; and,
WHEREAS, it is in the best interest of City, SID, and the public in general that an agreement
providing for such contribution and its expenditure be entered into between City and SID to
effectuate the purposes and aims herein stated.
NOW,THEREFORE,in consideration of these premises and of the mutual covenants herein
contained, it is mutually agreed by and between the parties hereto as follows,to wit:
I. PURPOSE
The purpose of this Agreement is to provide funds to the City from SID in the amount of
$100,000 for the acquisition of the Stolley Prairie which will serve the residents of SID and others
generally within the geographic vicinity in lieu of requiring SID to provide real property within its
corporate boundaries for such purposes.
VIII. ASSIGNMENT
This Agreement or any right created herein can only be assigned by and with the express
prior written consent of City. Any purported assignment in violation hereof shall be void.
IX. SUCCESSORS AND ASSIGNS BOUND
All covenants, stipulations and agreements herein contained, shall extend to and bind the
legal representatives, successors, and assigns of the respective parties hereto.
X. WAIVER
Any waiver at any time by a party to this Agreement of its rights with respect to a default
under this Agreement or with respect to any other matter arising out of or in connection therewith
shall not be deemed a waiver with respect to any subsequent default or matter.
XI. GENERAL PROVISIONS
A. Notices to City provided for in this Agreement shall be sufficient if sent by certified or
registered mail, postage prepaid, addressed to:
Jim Cleary, Director
Parks, Recreation and Public Property Department
1819 Famam Street, Suite 701
Omaha, NE 68183;
and notices to SID if sent by certified or registered mail, postage prepaid addressed to:
Chair, SID #383, Pacific Springs Board of Trustees
Omaha,Nebraska 68
or to such other respective person or address as the parties may designate to each other from
time to time in writing.
B. SID represents that it has carefully reviewed the terms and conditions of the Agreement and
is familiar with such terms and conditions and agrees faithfully to comply with the same to
the extent to which said terms and conditions apply to its activities, authorized and required
by this instrument.
-3-
. e
J. Interest of SID - SID covenants that it e pr sently has no interest and shall not acquire any -
interest, direct or indirect, which would conflict with the performance of services required
to be performed under this Agreement; it further covenants that in the performance of this
Agreement, no person having any such interest shall be employed.
K. Merger-This Agreement shall not be merged into any other oral or written agreement,lease
or deed of any type. This is the complete and full agreement of the parties.
L. Modification - This Agreement contains the entire agreement of the parties. No
representations were made or relied upon by either party other than those that are expressly
set forth herein. No agent,employee or other representative of either party is empowered to
alter any of the terms hereof unless done in writing and signed by an authorized officer of
the respective parties.
M. Approval of Amendments - the parties hereto acknowledge that, as of the date of the
execution of this agreement, Section 10-142 of the Omaha Municipal Code provides as
follows: Any amendment to contracts or purchases which taken alone increases the original
bid price as awarded(a)by ten percent, if the original bid price is one hundred fifty thousand
dollars ($150,000) or more, or(b) by seventy-five thousand dollars ($75,000) or more, shall
be approved by the City Council in advance of the acceptance of any purchase in excess of
such limits or the authorization of any additional work in excess of such limits. However,
neither contract nor purchase amendments will be split to avoid advance approval of the City
Council.
The originallya roved scope andprimary features of a contract or purchase will not be
PP P _
significantly revised as a result of amendments not approved in advance by the City Council.
The provisions of this Section will be quoted in all future City contracts. Nothing in this
Section is intended to alter the authority of the Mayor under Section 5.16 of the City Charter
to approve immediate purchases.
N. Strict Compliance-All provisions of this Agreement and each and every document that shall
be attached shall be strictly complied with as written,and no substitution or change shall be
made except upon written direction from authorized representative.
XII. INVALID PROVISION
In the event that any covenant,condition, or provision herein contained is held to be invalid
by any court of competent jurisdiction, the invalidity of any such covenant, condition, or provision
herein contained shall not affect the validity of the remainder of the covenants, conditions or
provisions of this Agreement which shall in all respects remain a legally binding Agreement with
the invalid portion being deleted; provided that the validity of any such covenant, condition, or
provision does not materially prejudice either City of SID in its respective rights and obligations
contained in the valid covenants, conditions, or provisions of this Agreement.
-5-
GAINES, MULLEN, PANSING 8 HOGAN
TYLER. B.GAINES LAW OFFICES
JOHN P. MULLEN 200 REGENCY ONE BUILDING
THOMAS R.PANSING,JR.
10050 REGENCY CIRCLE
DENNIS P. HOGAN,III
OF COUNSEL
DAVID D. ERNST OMAHA,NEBEtASKA 68I14-3773 HARRY B.OTIS
JOHN Q...BACHMAN
JOSEPH W. GRANT TELEPHONE 402 397-5500 SALVADORE CARTA
JAMES D.BUSER* TELECOPIER 402 397-4853
DAVID L.WELCH
LISA M.MEYER
JEFFREY J.HUBER*
MATTHEW T. PAYNE
*ALSO ADMITTED IN IOWA
July 28, 1997
Mr. Larry N. Foster
Administrator - Parks, Recreation
and Public Property Department
Omaha/Douglas Civic Center, Suite 701
1819 Farnam Street
Omaha, NE 68183-0701
Re : S. I .D.' #383, Douglas County
(Pacific Springs) - Agreement
for Park Contributions
Dear Larry:
In accordance with your request, I am forwarding four (4)
executed copies of the Agreement between S. I .D. #383 and the City
of Omaha in connection with the park contribution requested by the
City. Please return a fully executed copy of the Agreement to me
so that this matter can be resolved.
If you have any questions, please feel free to contact me at
your earliest convenience.
incerel ,
Dennis P. H4gan, III
•
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Encs .
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C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebr October 31 , 19 95
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,Lanoha-Pacific Development, Inc. proposes to build a subdivision to be
known as Pacific Springs which will be located Northeast of 180th Street and Pacific Street; and,
WHEREAS, Sanitary and Improvement District (S.&I.D.) 398 has been formed to
build public improvements in this subdivision; and,
WHEREAS, Lanoha-Pacific Development, Inc. and S.&I.D. 398 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. 398 agrees to pay$169,607.59 as a sewer connection fee to be
usedPr the construction of the sewers in the Papillion Creek Watershed; and,
C•
• WHEREAS, a Subdivision Agreement has been prepared setting forth all the
provisions mentioned above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the Subdivision Agreement between the City of Omaha, Sanitary and
Improvement District 398 of Douglas County,Nebraska and Lanoha-Pacific Development,Inc., as
recommended by the Mayor, providing for the public improvements and sewer connection to the
Omaha Sanitary Sewer System,is hereby approved.
P:\PW\2391.SKZ APPROVED AS TO FORM:
UA TTA CITY ATTORNEY
Councilmember
Adopted °V 21 995
5 . . .:• • t��� t J
City Cl
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Approved ` "7,74244
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Mayor
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