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RES 1995-2590 - Subdivision agmt, First National Business Park RECEIVED/ , q5- DMAHA, " �� vz ` � September 26, 1995 t.,r �i � 95 $EP 1 tO: 52 �P.o�ro ♦ t ' ' r Oi', EDFEEilt°' CITY C+_r.RK Honorable President City of Omaha QMA.I?A, NEBRSK Hal Daub,Mayor and Members of the City Council, Public Works Department Omaha/Douglas Civic Center 1819 Famam Street,Suite 601 The attached Resolution approves the Subdivision Agreement between First Omaha,Nebraska 68183-0601 (402)444-5220 National Bank of Omaha, Sanitary and Improvement District (S.&I.D.) 396 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 First National Business Park, a subdivision Acting Director located Northeast of 144th and West Dodge Road. This Subdivision Agreement stipulates which public improvements will be built by S.&.I.D. 396,those which will be paid for by special assessment and those to be paid for by General Obligation of S.&I.D. 396. The estimated total cost of improvements is$3,720,100.00 of which$2,244,700.00 will be paid by General Obligation. If S.&I.D. 396 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 I* Master Plan. i ael J. DeSelm, P.E. zx,,,-___9 Acting Director Steven Jensen Acting Planning Direct140, Approved: Referred to the City Council for Consideration: ega-144:-s-Cci ------ --"--CI:D , • . . Louis A. D'Ercole Mayor's Office i e gw)Acting Finance Director P:\PW\1164.MAF • ..)1, 0 1✓ IP SUBDIVISION AGREEMENT • Th' division Agreement, made and entered into this /7 day of , 1994, by and between FIRST NATIONAL BANK OF OMAHA, a Nebraska ban in association (hereinafter referred to as "Subdivider") , SANITARY AND IMPROVEMENT DISTRICT NO. 396 of DOUGLAS COUNTY, NEBRASKA (hereinafter referred to as "District"), VILLAGE OF BOYS TOWN, a municipal corporation in the County of Douglas, State of Nebraska, and its successors ("hereinafter referred to as "Village") 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 Village and within the Village'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 parties wish to agree upon the manner and the extent to which public funds may be expended in connection with public improvements to be constructed within the Area to be Developed or serving the Area to be Developed and the extent to which the contemplated public improvements specially benefit property in the Area to be Developed and to what extent the cost of same shall be specially assessed. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: • For the purpose of this Agreement the following words and phrases shall have the following meanings: A. The "cost" or "entire cost" of a type of improvement shall be deemed to include all construction costs, engineering fees, attorneys' fees, testing expenses, publication costs, financing costs, and miscellaneous costs. In this connection, financing costs shall include all fiscal agent's warrant fees and bond fees, and interest on warrants to date of levy of special assessments. The date of levy of special assessments shall mean within six (6) months after acceptance of the improvement by the Board of Trustees of the District. B. "Property benefited" shall mean property within the Subdivider's subdivision (Exhibit "A") which constitute building sites. Outlots 1, 2, 3, 4, and 5, are not building sites. Outlot 1 shall be used for private park purposes to be paid for privately. Developer shall pay the ad valorem property taxes and special assessments attributable to such Outlot 1. C. "Street intersections" shall be construed to mean the area shown on the attached street intersection drawing (Exhibit "B") . D. "General obligation" shall mean unassessable capital costs. E. "Village/City Interlocal Agreement" shall mean the interlocal cooperation agreement between the Village and City pertaining to the development of the Area to be Developed and certain abutting lands. i • F. "Retained 70 Acres" shall mean the 70 acres of the 374 acres within the Village not being purchased by Subdivider. G. "Additional Street Improvements" shall mean those street improvements identified in Paragraphs 1 and 2 of Exhibit "E" to the Village/City Interlocal Agreement. SECTION I • Subdivider and District covenant that Subdivider shall, and the District covenants that the District will subsequent to the filing of the final plat, present to the Village Clerk for the benefit of the Village binding contracts in full force and effect calling for the timely and orderly installation of the following public improvements, according to the terms of those contracts. That the District shall also provide and deliver to the Village 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 Lamp, Rynearson & Associates, Inc. , 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 Lamp, Rynearson & Associates, Inc., a copy of which is attached hereto as Exhibit "C". C. Storm sewers, inlets, manholes, and related appurtenances, including improvements in drainageway, constructed in street rights-of-way and easements, per plat (Exhibit "A") , plans and specifications for said sewer improvements to be approved by Village prior to starting construction of said improvements to be located as shown on storm sewer plan prepared Lamp, Rynearson & Associates, Inc. , 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 Metropolitan 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- • j (2) Sidewalks shall be constructed immediately abutting built-upon lots as soon as weather permits. (3) 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. (4) Sidewalks shall be installed along 144th Street and FNB Parkway, and 137th Street with the paving project or as a separate sidewalk contract upon the completion of the water distribution system. (5) Linear hiking/biking trail shall be installed along 144th Street (the "Linear Trail") with the paving project or as a separate sidewalk contract upon the completion of the water distribution system. (6) The Subdivider agrees to provide a public pedestrian access easement to the District and City in a location mutually acceptable to the City and the Subdivider in Outlot 1 prior to the recording of the plat of the Area to be Developed. H. Grading, erosion, and sediment control as shown on Exhibit "E" shall be initiated by the Subdivider as an integral part of the grading contract for the site. 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 and sidewalk construction shall be paid by special assessment against the property benefited within the Area to be Developed, except for street intersections and certain extra-width and major street paving, either of which may be a general obligation, as indicated in Exhibit "B". Grading or paving of major streets may be a general obligation. B. One hundred percent (100%) of the entire cost of all sanitary sewers, including manholes and other appurtenances, shall be paid by special assessment against property benefited within the Area to be Developed, provided, (1) Connection charges paid to other sanitary and improvement districts shall be 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 or the total cost of any outfall sanitary sewer servicing the Eldorado subdivision and areas generally to the west of the District's boundaries 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. -3- 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 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. 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 cost of maintenance and removal of erosion control measures may be a general obligation of the District. K. The District has agreed to purchase Outlots 3, 4, and 5, of First National Business Park, and the Subdivider has agreed to sell such lot for a total purchase price of Forty-Three Thousand Forty-Six and 40/100 Dollars ($43,046.40) , plus applicable engineering fees, attorney fees, testing expenses, publication costs and financing costs, which Outlots shall become public parks of the District. Such Outlots may be improved by the District with general obligation funds. Such improvements shall consist of linear sidewalk trail. L. Outlots 1 and 2, of First National Business Park shall be acquired by the First National Bank Office Park Association. Thereafter, such lots shall be owned and maintained by such association. Ad valorem real estate taxes and other governmental charges associated with such ownership shall be paid by such association on a nondelinquent basis. Such lots shall be maintained as nonbuildable for .purposes of facilities which shall be continually inhabited. Such outlots may, however, be maintained for recreational, landscaping, or for purposes of office park identification. M. Traffic signals shall be installed at the intersections of 137th and West Dodge Road, 132nd and FNB Parkway, and 144th and FNB Parkway. The costs associated with such improvements may be a general obligation of the District. • N. The District shall enter into an Interlocal Cooperation Agreement with Sanitary and Improvement District No. 397 of Douglas County, Nebraska (S.I.D. No. 397) for the following purposes: (1) Payment by the District to S.I.D. No. 397 of approximately Seven Hundred Nine Thousand Seven Hundred and no/100 Dollars ($709,700.00) for the entire cost of the construction of -4- storm water drainage improvements within Outlots 1 and 2 located within S.I.D. No. 397. The entire cost paid to S.I.D. No. 397 for these improvements may be a general obligation of the District; and (2) Payment to the District by S.I.D. No. 397 of fifty percent (50%) of the entire cost for the improvements to 137th Street which would otherwise be paid by special assessment against property within the District. The District shall be allowed to exclude such costs from its levy of special assessments. O. The District shall, as part of the initial street infrastructure of the FNB Business Park, as shown on Exhibit "B": (1) widen Sheehan Parkway to 'four (4) lanes between the West Dodge Road ramp terminals in accordance with utilizing the existing underpass opening. (2) construct 137th Street to a four (4) lane cross-section north of West Dodge Road. (3) construct 137th Street/FNB Parkway intersection. (4) construct 144th Street/E1 Dorado Drive site frontage road westbound approach intersection to three (3) lanes, including one (1) left-turn lane, one (1) right-turn lane, and one (1) shared through left-turn lane. P. The developer of the FNB property shall construct a connection to the retained 70 acres at the Boys Town/Hy Vee intersection, which, because of its limited initial use, will be constructed in two (2) stages, as follows: (1) the initial connection shall be constructed prior to grading of the north 374 acres so as to accommodate such grading. (2) if not sooner done, at or prior to the time a road connecting 137th Street and FNB Parkway ("Boys Town Frontage Road") to 132nd Street is constructed, the 132nd Street connection shall be completed to final configuration by the Developer of the Retained 70 Acres. 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 Village Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. SECTION IV A. Village covenants and agrees that should the Village, 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 Village will levy same in accordance with this Agreement. -5- B. All parties covenant and agree that nothing in this Agreement shall be construed so as to oblige the Village 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 Village, except in the event the Village 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 Village pertaining to construction of public improvements in subdivisions and testing procedures therefor. B. Except as may otherwise be agreed to by Village, 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. Notwithstanding the foregoing, the District shall not be required to: (i) levy special assessments against any of the Outlots provided that the amount of special assessments which otherwise would have been levied against such Outlots are levied on the buildable lots within the Area to be Developed; and (ii) levy special assessments for fifty percent (50%) of the entire cost of 137th Street which would otherwise be levied against the property benefitted provided that such costs are specially assessed by S.I.D. No. 397 pursuant to the Interlocal Agreement discussed in Section II-N(2) hereof. Subdivider agrees to hold District and City harmless in the event the assessments relating to the Outlots and 137th Street are challenged or collaterally attacked. In that event, Subdivider agrees to assume the defense of the assessments and sustain all associated costs. C. The District shall provide the following information to the Village Engineer at least twenty (20) days prior to the meeting of the Board of Trustees of the District held to propose the levy of special assessments: (1) A detailed schedule of the proposed special assessment and/or the amount of general obligation costs of any improvement or acquisition. (2) A plat of the area to be assessed. (3) A full and detailed statement of the entire cost of each type of improvement, which statement or statements shall separately show: (a) The amount paid to the contractor. (b) A special itemization of all other costa 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. -6- (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 Village 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 • The District agrees to annually levy a minimum ad valorem property tax levy of $1.00 per $100.00 of taxable valuation for the tax collection years of 1997, 1998, 1999, and 2000. On or about June 1, 2000, the District's fiscal agent will deliver to the City Finance Department, for review and approval, a cash flow projection by year for a twenty (20) year period. The cash flow projection shall include, but not be limited to, existing and projected taxable valuation, a projected annual debt service levy, existing and projected cash receipts, cash disbursements and available balances in the debt service fund. The projected annual debt service payments shall be based on a 20 year bond principal payback with level debt service payments each year and principal repayment to begin one year after original issue date. If the cash flow projection reveals that the District's tax levy of $1.00 is insufficient to retire the existing and projected future debt obligations, the District's Board of Trustees agrees to immediately begin levying a minimum debt service tax levy as required in the cash flow projection. Provided, that at such time as all warrants of the District attributable to its bond (construction) fund have been retired by way of bond issue, the District shall levy an annual tax rate sufficient to fully comply with the Nebraska Budget Act. Such annual mill levy shall, for a period of ten (10) consecutive years after the creating of the District or until District's debt is paid in full, whatever is the shorter period, not be less than the City's immediately prior levy. 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 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. The City shall have exclusive control over connections to its sewers whether inside or outside the District's boundaries, and, except in respect to the Retained 70 Acres, the District shall not, without the • -7- `� 1 • prior written approval of the City, 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. 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. J. The District agrees to collect an "equivalent front footage charge" in conformance with the following: -8 1:4;> \.* - 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 $214,539.81, for the construction of interceptor sewers. This fee is computed as follows for the lots shown on the plat (Exhibit "A") : Lot 1, commercial 1.80 acres @ $3,878.16 per acre = $ 6,980.69 Lot 2, commercial 25.50 acres @ $3,878.16 per acre = $ 98,893.08 Lot 3, commercial 7.50 acres @ $3,878.16 per acre = $ 29,086.20 Lot 4, commercial 2.50 acres @ $3,878.16 per acre = $ 9,695.40 Lot 5, commercial 8.41 acres @ $3,878.16 per acre = $ 32,615.32 Lot 6, commercial 1.30 acres @ $3,878.16 per acre = $ 5,041.61 Lot 7, commercial 1.30 acres @ $3,878.16 per acre = $ 5,041.61 Lot 8, commercial 7.01 acres @ $3,878.16 per acre = $ 27,185.90 Outlot 3 (0.42 acres) , Outlot 4 (0.09 acres) and Outlot 5 (0.06 acres) , to be linear trail lots, therefore no interceptor monies are to be paid for such lots. If such lots are converted to a use other than recreational, interceptor sewer fees shall be payable at such time. Outlots 1 and 2, to be private park lots, therefore no interceptor monies are to be paid for such lots. If such lots are converted to a use other than recreational, interceptor sewer fees shall be payable at such time. 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 -9- current fee for the additional lots before any sewer permits are issued by the ,City of Omaha. C. Special Sewer Connection Fee. The District and the City agree that payment made under Section IX-A of this Agreement shall constitute a Special Sewer Connection Fee for the area described in Section IX-A and shall be collected by the District as a Special Sewer Connection Fee or shall be levied as a Special Assessment against the real estate described in Section IX-A as follows: (1) Amount of Special Sewer Connection Fee. The real estate shall be charged the special sewer fee amount as set forth in Section IX-A for each lot or parcel. (2) Time of Collection. The Special Sewer Connection Fee shall be collected by the District from the owner of each lot or parcel 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 Village 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 Village in cash or warrants immediately convertible into cash in the amount as stated in Section IX-A of this Agreement. The Village shall accept and retain such monies to make progress payments for -10 • - 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 Village 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. C. The administration of this Subdivision Agreement shall be through the offices of the undersigned officers for their respective entities. D. Costs for the initial construction of erosion control measures shall be paid by the Subdivider. E. This Subdivision Agreement shall be binding upon the parties, their respective successors and assigns. This Subdivision Agreement shall be deemed assigned from the Village to the City upon disconnection ("detachment") of the Area to be Developed from the zoning jurisdiction of the Village. SECTION XI The District and Subdivider agree to comply with and to act in a manner consistent with the terms of the Village/City Interlocal Agreement dated December , 1994, and do expressly agree that upon the Village's disconnection of the Area to be Developed from the Village that subject to the terms of such interlocal agreement: A. The Area to be Developed shall thereupon be under the exclusive zoning jurisdiction of the City. B. City shall thereupon exercise exclusive zoning, platting, inspection, review and approval authority over the Area to be Developed, including the right to receive all fees payable in regard thereto. SECTION XII A. District shall construct the additional street improvements described in Paragraph 1 of Exhibit "E" to the Village/City Interlocal Agreement. If District shall fail or is unable to construct such improvements, Subdivider shall construct or cause same to be constructed. Subdivider shall construct, or cause to be constructed, the street connection required by Paragraph 2 of Exhibit "E" to the Village/City Interlocal Agreement. B. The State of Nebraska, at no cost to Village, has the responsibility to maintain West Dodge Road, the 137th Street interchange separation structure and the interchange ramps to a point where the ramps terminate, merge or intersect with the Village's street system (137th Street) . The State's maintenance obligation includes ice treatment and removal of snow. From and after disconnection of the Area to be Developed from the Village's corporate limits, District shall maintain and keep in good repair those portions of the 137th Street interchange not maintained by the Department of Roads, including the surface of 137th Street between the outer boundaries of the south and north ramps, the traffic signals, street lighting and electrical power therefor. -1177 - f C. That portion of 137th Street south of the north boundary line of the north ramp of the 137th Street interchange shall remain under the Village zoning and regulatory jurisdiction until such time as Village shall determine to relinquish such jurisdiction by appropriate action taken. 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. i TEST: CI O . _,/e-*--..........-. City Cler Mayor 4)65 ATTES VILLAGIi BOA T9 ' ��r 2 VILLAA Illp By I 4 . Vil age Clerk Chairman of Bord o' Trustees Date SANITARY AND ' 'ROVEMENT DISTRICT ATTE T: NO. 396 OF D UGLAS COUNTY, NEBRASKA G By Clerk ai FIRST NATIONAL BANK OF 0 , a ATTEST: banking association, t Y v t (-44 J By /::// - APPROVED AS/TO FOR2f. ASSI T tITY TORNEY VED AS TO FORM: I A Y' • -121*- P.25A • CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebr September 26, 19 95 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, First National Bank of Omaha proposes to build a subdivision to be known as First National Business Park which will be located Northeast of 144th and West Dodge Road; and, WHEREAS, Sanitary and Improvement District(S.&I.D.) 396 has been formed to build public improvements in this subdivision; and, WHEREAS, First National Bank of Omaha and S.&I.D. 396 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.396 agrees to pay$214,539.81 as a sewer connection fee to be used for the construction of the sewers in the Papillion Creek Watershed; and, 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 396 of Douglas County, Nebraska and First National Bank of Omaha, as recommended by the Mayor, providing for the public improvements and sewer connection to the Omaha Sanitary Sewer System,is hereby approved. APPROVED AS TO FORM: P:\Pw\1165.MAF ASSISTANT C ATT By . .4 Councilmember Adopted.... CT.17 95 A ;',a� City Clerk • Approved Mayor C) . ' f"r 1..t e"r • co k,,,r, - -t- . „, " 4, ,4, .0 .4, 5- cr • ni _ O C�D C Cf�Q ':-\\.• •-e \ PL E',,) '--• cl) EL, pa bd A? 8 \.\(L) \ i ,4 CFI ,, (.,, k:% \-8 y O 0 0, 0 c r* R .4oR. .< arc, co o v n 0 0 0 o p g ro . \ „--, 0). Vv