RES 1995-2590 - Subdivision agmt, First National Business Park RECEIVED/ , q5-
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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:
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. Louis A. D'Ercole Mayor's Office i e
gw)Acting Finance Director
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SUBDIVISION AGREEMENT
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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
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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.
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• 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
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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.
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(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.
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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.
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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
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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.
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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.
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(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
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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
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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:
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Where the property with which sewer connection is sought to be made is not
within the bounds of a regular sanitary sewer district or private sewer
district, or where such property has not been assessed or has not paid for
the construction of the sewer to which connection is sought to be made,
then in such case the Chief Plumbing Inspector of the Permits and
Inspections Division shall not issue a permit for such sewer connection
until the property owner shall have paid to the improvement district an
equivalent front footage charge for the number of front feet of the entire
property with which such connection is sought to be made. The equivalent
front footage charge shall be the current charge in conformance with the
requirements of the Omaha Municipal Code. The front footage charge
collected shall be used to defray the general obligation of the sanitary
and improvement district.
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SECTION IX
A. Payment for Construction of Interceptor Sewers.
The District shall make payment to the City of Omaha 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.
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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
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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
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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.
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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
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APPROVED AS/TO FOR2f.
ASSI T tITY TORNEY
VED AS TO FORM:
I A Y'
•
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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
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City Clerk •
Approved
Mayor
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