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RES 1995-2787 - Amendment to subdivision agmt, Linden Estates 2nd Addition Replat 1 1 /& A9ree/i'l 0, ,L?° ff, 1"/ a° \A. ` , , .P, September 26, 1995 . Oft�3rt SEP .I 3 Tim la: 53 . '.CZ - .0 ,��" Honorable President j CLERK �TFD FEBRVr ' . H nM' A. NE?iRA.r•K. r' City of Omaha and Members of the City Council, Hal Daub,Mayor Public Works Department Omaha/Douglas Civic Center The attached Resolution approves the Amendment to the Subdivision Agreement 1819 Farnam Street,Suite 601 between Horgan Development Company, Sanitary and Improvement District Omaha,Nebraska 28484-5221 S.&I.D. 397 of Douglas Count Nebraska and the City of Omaha. This (402)444-5220 (S.&I.D.) g Y� Telefax(402)444-5248 Subdivision Agreement Amendment covers the public improvement of Linden Michael J.DeSelm,P.E. Estates 2nd Addition Replat 1, a subdivision located North of Burt Street Acting Director between 132nd and 144th Street. This Amendment to the Subdivision Agreement stipulates which public improvements will be built by S.& I.D. 397, those which will be paid for by special assessment and those to be paid for by General Obligation of S.&I.D. 397. The total cost of all public improvements has been addressed in the original Subdivision Agreement. There will be no additional improvement cost beyond what will be installed with the original Subdivision Agreement. If S.&I.D. 397 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 Amendment to the Subdivision Agreement. Respectfully submitted, This action has been reviewed and found to be in conformance with the Master Plan. 0/g Michael J. DeSelm, P.E. Steven Jensen Acting Director Acting Planning Direct Approved: Referred to City Council for Consid tion: _ , 2,32..,...., a,,C11...., ,, Louis A. D'Ercole Mayor's Office/Ti rActing Finance Director P:\PW\1289.SAP 41110Ch \©- 1 t </- - 1 LINDEN ESTATES 2ND ADDITION REPLAT 1 FIRST AMENDMENT TO SUBDIVISION AGREEMENT This First Amendm t to Subdivision Agreement, made and entered into this aerday of / ��►y.{��,, ,ja„ , 1995, by and between HORGAN DEVELOPMENT COMPANY, aska cor dration (hereinafter referred to as "Subdivider"), SANITARY AND IMPROVEMENT DISTRICT NO. 397 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 within the proposed plat attached hereto as Exhibit A-1, 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 area to be developed is a replat of an area, attached Exhibit A-2, that the Subdivider, the City, and the District, entered into a Subdivision Agreement (hereinafter referred to as the "Agreement"), adopted by the City Council of the City of Omaha on December 13, 1994, setting forth certain conditions; and WHEREAS, the Subdivision Agreement needs to be amended to reflect the replat of Lots 47 through 52, inclusive, Lots 54 through 57, inclusive, Lot 165, and Outlot 2, Linden Estates 2nd Addition; and WHEREAS, Section IX of the Subdivision Agreement needs to be revised to show a reallocation on a pro rata basis in the interceptor sewer fees required from the District as a result of the replat. NOW, THEREFORE, the following is agreed between the parties hereto: 1. The City agrees to amend the Agreement to provide for a reallocation on a pro rata basis to the interceptor sewer fee paid by the District, computed as follows: Area to be Replatted: Lots 1 through 6, inclusive, single-family lots, 6 lots @ $673.20 per lot = $4,039.20 Outlot 1 (11.23 acres) , nonbuildable outlot/linear trail corridor, therefore no interceptor monies are to be paid for lot. If such lot is converted to a use other than recreational, interceptor sewer fees shall be payable at such time. Previous Platting - Fees Paid for Interceptor Sewers: Lots 47 through 52, inclusive, Lots 54 through 57, inclusive, and Lot 165, single-family lots, 11 lots @ $673.20 per lot = $7,405.20 GI , 1 r _ _ __ . ------- _._ 1 Outlot 2 (7.80 acres) , nonbuildable outlots/linear trail corridors, therefore no interceptor monies are to be paid for each lot. If any such lot is converted to a use other than recreational, interceptor sewer fees shall be payable at such time. TOTAL CREDIT DUE TO DISTRICT = $ 3,366.00 That Exhibit A of the Subdivision Agreement (Exhibit A-1 attached hereto) be amended to show the replat of Lots 47 through 52, inclusive, Lots 54 through 57, inclusive, Lot 165, and Outlot 2, Linden Estates 2nd Addition (Exhibit A-2 attached hereto) . Exhibits B, C, D, and E, inclusive, have been amended on the Subdivision Agreement to reflect the replatting herein. 2. Section II.K. shall now read as follows: K. The District has agreed to purchase Outlots 1, 3, and 4, Linden Estates 2nd Addition, and Outlot 1, Linden Estates 2nd Addition Replat 1, and the Subdivider has agreed to sell such outlots for a total purchase price not to exceed Four Hundred Eighty Thousand and no/100 Dollars ($480,000.00) , which number shall include applicable engineering fees, attorney fees, testing expenses, publication costs and financing costs. Such outlots shall become a Linear Trail Corridor of the District. The District shall further be authorized to improve with general obligation funds such outlots; such improvements to consist of a linear sidewalk trail, and landscaping. Outlot 1, and Outlot 1, Linden Estates 2nd Addition Replat 1 shall be acquired as a Linear Trail Corridor and storm water maintenance area. Such outlots shall be improved by way of a storm sewer drainage system, linear sidewalk trail, and landscaping. The Subdivider shall submit for review and approval of the Parks Advisory Board, plans, specifications and cost estimates for improvements to be located on such outlots. The improvements shall not be undertaken until the District has obtained approval from the Parks Advisory Board and the costs associated with such improvements shall not exceed Four Hundred Seven Thousand Five Hundred and no/100 Dollars ($407,500.00) , including soft costs. Any improvements or features proposed by the Subdivider for the Linear Trail Corridor determined by the Parks Advisory Board to exceed normal standards will be first approved by the Parks Advisory Board with the Subdivider thereafter to establish a homeowners association responsible for ongoing maintenance, repairs and all other expenses associated with such facilities, improvements or features identified as exceeding the City's normal standards. Such association shall be established in such a manner as to provide maintenance and repairs subsequent to City annexation. Subdivider agrees to pay to the City of Omaha the amount of Three Hundred Fifty-Three Thousand Five Hundred and no/100 Dollars ($353,500.00) , on or before December 30, 1995. Such funds shall be used exclusively for the improvements associated with Tranquility Park Ice Arena and Aquatic Center located at 124th and West Maple Road. In all other respects, the Subdivision Agreement shall not be affected hereby and is hereby ratified and confirmed. *' -2- �_ _. ._ IN WITNESS WHEREOF, we, the executing parties, by our respective duly authorized agents, hereby enter into this First Amendment to Subdivision Agreement, effective on the day and year first above written. ATTEST: CITY OF OMAHA A/ By Ci k Ma ,,r Da ��- � a y SANITARY AND IMPROVEMENT DISTRICT ATTES : NO. 397 UGLAS COUNTY, NEBRASKA off%/ 14/4^ Clerk Chairman HORGAN DEVELOPMENT COMPANY, a Nebraska ATTEST: corporation, 44,1",-- By APPROVED AS TO FORM: ASSIST ITY ATTOR -3- ` V C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebr September 26, 19 95 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,Horgan Development Company proposes to build a subdivision to be known as Linden Estates 2nd Addition Replat 1 which will be located North of Burt Street between 132nd and 144th Street; and, WHEREAS, Sanitary and Improvement District (S.&I.D.) 397 has been formed to build public improvements in this subdivision; and, WHEREAS, Horgan Development Company and S.&I.D. 397 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. 397 will be paid $3,366.00 as a Papillion Creek Watershed sewer connection fee reimbursement once the Linden Estates 2nd Additions Papillion Creek Watershed sewer connection fees have been aid in full; and, WHEREAS, an Amendment to the Subdivision Agreement has been prepared setting forth all the provisions mentioned above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the Amendment to the Subdivision Agreement between the City of Omaha, Sanitary and Improvement District 397 of Douglas County, Nebraska and Horgan Development Company, as recommended by the Mayor, providing for the public improvements and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. P:\PW\1293.SAP APPROVED AS TO FO/R A SISTA N1 ATTO Y By.... . 1 Councilmember Adopted OCT 31 995. 7-i it C k• . j xt Approved /1:44-< Mayor c,0 ,t,,.V cn C+ y R' r) QR.'- 0 C C •vim, o ,. c�� t\� ) ' Z � ac„ � �' "I c� �' oar,. b t„ o Q, 0 o 0 n g z 1� %,. O y > pt 4 K J a 0 Cr a CD O ro P. 2. N �C �� '10 O ' � i -� kegOrg \ ‘'n \ � �: `c° � 3 5R w g • rT. w x" o CD o 'b ca° o 20 c�.' q r • • • -- • _ J