RES 2019-0019 - Subdivision agmt Somerset 2 {
OF ola,"A,NFB� . Public Works Department
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. "r ji�� ,r�,.,r n Omaha/Douglas Civic Center
® tr� a:.rn 1819 Farnam Street,Suite 603
o,1�_.3y JAN 0 8 2019
,_, , Omaha,Nebraska 68183-0601
9AO�'rtD AEBRVr¢�ry .,i. I (402)444-5220
_, Fax(402)444-5248
City of Omaha '-C Robert G. Stubbe,P.E.
Jean Stothert,Mayor !�:Is Public Works Director
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Honorable President
and Members of the City Council,
The attached Resolution approves the Subdivision Agreement among Celebrity Homes, Inc., a
Nebraska corporation, Somerset 2 Homeowners Association, Sanitary and Improvement District
(S.&I.D.) 592 of Douglas County, Nebraska, and the City of Omaha. This Subdivision Agreement
covers the public improvement of Somerset 2 (Lots 101-206), a subdivision located southeast of
Wenninghoff Road and State Street.
This Agreement stipulates which public improvements will be built by S.&.I.D. 592, those which
will be paid for by special assessment and those to be paid for by General Obligation of S.&I.D.
592. The estimated total cost of improvements is $2,500,290.00, of which $875,990.00 will be
paid by General Obligation.
The Agreement provides Watershed Management Fees currently estimated in the amount of
$96,248.00 to be paid as building permits are issued.
The Agreement provides an administrative fee to be paid by the District to the City based on 1%
of the construction costs. The fee for this phase of construction is $10,410.00. The City will use
this_fee:to fund additional personnel in the Planning and Public Works_Departmentsto facilitate _
the processing of developments.
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�
n conformanceo( with the Master Plan.
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RN o ert G. Stubbe, P.E. Date David K. Fansla'u Date
Public Works Director .Ee Planning Director
Approved as to Funding: Referred to City Council for Consideration:
Step/11$4.
IlYt
en B. Curtiss Date Ma ors Office Date
Y
Finance Director ' 'P
P:\rah\1621 rah.doc
City Clerk Office Use Only:
���4 Publication Date (if appli able):
RESOLUTION NO
Agenda Date:Department: nrc A 0.L_
Submitter:
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Celebrity Homes, Inc., a Nebraska corporation, proposes to build a subdivision to
be known as Somerset 2 (Lots 101-206) which will be located southeast of Wenninghoff Road and State
Street; and,
WHEREAS, Sanitary and Improvement District (S.&I.D.) 592 will build public and private
improvements in this subdivision; and,
WHEREAS, Celebrity Homes, Inc., a Nebraska corporation, and S.&I.D. 592 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.M.D. 592 agrees to pay $10,410.00 as an Administrative Fee to the City to fund
additional employees in the Planning and Public Works Departments to facilitate the processing of
developments; and,
WHEREAS, Watershed Management Fees currently estimated in the amount of $96,248.00
will be collected by the City as Building Permits are approved in the subdivision; and,
RESOLUTION NO.020/ 4
PAGE -2-
•
WHEREAS, Celebrity Homes, Inc., a Nebraska corporation, has or will create Somerset 2
Homeowners Association, who will be responsible for identified ongoing maintenance as contained in the
Agreement; 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 among the City of Omaha, Celebrity Homes, Inc., a
Nebraska corporation, Somerset 2 Homeowners Association, and Sanitary and Improvement District
(S.&I.D.) 592 of Douglas County, Nebraska, as recommended by the Mayor, providing for the public
improvements, 1% administrative fee, Watershed Management Fee, and sewer connection to the Omaha
Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Somerset 2 (Lots 101-206)
and is located southeast of Wenninghoff Road and State Street.
P:\rah\1622rah.doc APPROVED AS TO FORM:
—CITY ATTORNEY DATE
•
Adopted: BAN 2 9 2019
Attest:
City Cler
Approved: J -1-1
Mayor
SUBDIVISION AGREEMENT
SOMERSET 2 (LOTS 101-206)
THIS AGREEMENT, made and entered into this f Jt— day of YJ9 d ,20114 among Celebrity
Homes, Inc., a Nebraska corporation, (hereinafter referred to as "Subdivider" , Somerset 2 Homeowners
Association,(hereinafter referred to as"Association"), SANITARY AND IMPROVE NT DISTRICT NO. 592 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",
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;
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 Somerset 2 Homeowners Association comprised of the property
owners of Lots 1-206;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
constitutes building sites.
C. "Street intersections" shall be construed to mean the area shown on the attached street intersection drawings
(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 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:
1 Rev. 1/1/2018
A. Concrete paving of all streets dedicated,per the plat(Exhibit"A"),all of said paving to be twenty-five(25)
feet in width, except for those streets with a width greater than twenty-five (25) feet,which streets shall be
extra-width paving, if any(approved by the Public Works Department),as shown on paving plans prepared
by Lamp,Rynearson and Associates,copies of which are attached hereto as Exhibit"B".
B. All sanitary sewer mains,manholes and related appurtenances constructed in dedicated street rights-of-way
and easements, per plat (Exhibit "A"), same to be located as shown on sanitary sewer layouts prepared by
Lamp,Rynearson and Associates,copies of which are attached hereto as Exhibit"C".
C. Storm sewers,inlets,manholes and related appurtenances constructed in streets right-of-way and easements,
per plat(Exhibit"A"),plans and specifications for said sewer improvements to be approved by City prior to
starting construction of said improvements to be located as shown on storm sewer plans to be prepared by
Lamp,Rynearson and Associates,copies of which are attached hereto as Exhibit`B".
D. Water and gas distribution mains located within dedicated street rights-of-way dedicated per plat (Exhibit
"A") to be installed by the Metropolitan Utilities District. A contract with MUD will be provided to the
City as soon as available, but in no event longer than four months from the date of execution of this
agreement.
E. Street lighting for public streets dedicated per plat(Exhibit"A")to be installed by the Omaha Public Power
District. A contract with OPPD will be provided to the City as soon as available, but in no event longer
than four months from the date of execution of this agreement.
F. Underground electrical service to each of the lots in the area to be developed to be installed by the Omaha
Public Power District. A contract with OPPD will be provided to the City as soon as available, but in no
event longer than four months from the date of execution of this agreement.
G. Sidewalks and street trees along both sides of all public streets within the area to be developed shall be
constructed by the Subdivider or District in conformance with Section 53-9 (9) according to the following
schedule:
1. Curb ramps shall be constructed per City standards at all public street intersections. Construction
of these ramps shall be included in the street paving project,but shall not take place until after all
conflicting utilities have been installed. The cost for these ramps may be a general obligation
expense.
2. Sidewalks shall be constructed along all street frontages for all outlots as part of the street paving
project. The cost for these sidewalks shall be specially assessed or paid for privately, except for
sidewalks fronting outlots to be owned by the District, the cost for which may be a general
obligation expense.
3. Sidewalks and street trees shall be constructed immediately abutting vacant lots as soon as the lots
comprising sixty-five percent(65%)of the abutting footage on such side have been built upon.
4. Sidewalks and street trees shall be constructed immediately abutting built-upon lots as soon as
weather permits.
5. In any event, all sidewalks and street trees shall be constructed upon any public streets adjacent to
the plat within three(3)years of the recording of the subdivision plat.
6. The District shall construct sidewalks on the subdivision's State Street and Wenninghoff Road
frontages.
H. It is agreed that State Street at the property frontage shall be improved as described on Exhibit F; the costs
of which shall be a general obligation of the District, as delineated in the source and use of funds attached
hereto as Exhibit D
Post-construction stormwater management features and related appurtenances are not required for this
subdivision as it was preliminarily platted prior to the date of adoption of the PCSMP regulations.
2 Rev. 1/1/2018
SECTION II
The parties agree that the entire cost of all public improvements paid for by the District and set out in Section I
herein shall be defrayed as follows:
A. One hundred percent (100%) of the entire cost of all street, sidewalk and street tree construction shall be
paid by special assessment against the property benefited within the area to be developed, except for street
intersections and certain extra-width and major street paving, either of which may be a general obligation,
as indicated in Exhibit"B".
B. One hundred percent (100%) of the entire cost of all sanitary sewers, including manholes and other
appurtenances, shall be paid by special assessment against property benefited within the area to be
developed,provided,
1. Connection charges paid to other sanitary and improvement districts shall be specially assessed to
the extent of special benefit to properties in the District, and the remainder may be general
obligation of the District.
2. The District's total cost of any outfall sanitary sewer line to be constructed by the District, within
the boundaries of the District, shall be specially assessed except that portion of the sanitary outfall
sewer which the pipe size is greater than 8"diameter may be a general obligation.
3. The total cost of any outfall sanitary sewer serving the entire District constructed outside the
District boundary by the District may be a general obligation of the District.
4. The total cost of any easement acquisition for outfall sanitary sewers serving the entire District
constructed outside the District boundary by the District may be a general obligation of the
District,as indicated in Exhibit"C".
5. The cost of storm sewers and appurtenances may be a general obligation of the District.
C. One hundred percent(100%)of the entire cost of water distribution system serving the area to be developed
shall be specially assessed against the property benefited within the area to be developed. One hundred
percent (100%) of the entire cost of water and gas approach mains may be a general obligation of the
District. All refunds from MUD shall be credited to the Bond Construction Account of the District.
D. One hundred percent(100%)of the entire cost of monthly contract charges paid to the Omaha Public Power
District for furnishing lighting of public streets shall be paid from the operating fund of the District.
E. The entire cost of the installation of electrical power service and gas distribution system shall be specially
assessed against the property within the area to be so developed. The refunded charge from the Omaha
Public Power District and MUD shall be credited in accordance with law, and if so credited to the District,
it shall be credited to the Bond Construction Account of the District.
F. Any payments to other sanitary and improvement districts,sanitary districts or municipalities for any fees or
charges will not be a general obligation of the District,except as otherwise provided in this agreement.
G. No funds of the District are to be used for the installation or maintenance of telephone equipment.
H. One hundred percent(100%) of the entire cost of concrete sidewalks along major streets may be a general
obligation of the District except that portion adjacent to non-single family or duplex residential lots which
shall be specially assessed or paid for privately.
I. Street identification signs may be a general obligation, provided the signs are in compliance with the
Manual on Uniform Traffic Control Devices. All signs shall be approved, in writing, by the Traffic
Engineer of the City of Omaha prior to installation.
3 Rev. 1/1/2018
J. This project will operate under the existing Sediment and Erosion Control Plan OMA-00000007-47-1,
attached hereto and incorporated herein as Exhibit"E". Removal of sediment and erosion control measures
may be a general obligation of the District. All silt basins are to remain in place until seventy-five percent
(75%) of the drainage sub-basin serviced by these erosion control measures are fully developed, and with
the written permission of the City Public Works Department authorizing their removal. Sediment removal
shall be paid as follows:
1. During the initial construction of public streets and sewers,the District may pay for the removal as
a general obligation of the District; a separate bid item shall be included in the public
improvements contract for this work.
2. For all subsequent sediment removal,the District shall pay for the work from its operating fund.
3. Basin closure or removal may be a general obligation of the District.
K. Park fees shall be paid as follows:
1. Neighborhood Park Fee. There will be no fees for neighborhood parks. The Area to be
Developed is exempt from Neighborhood Park Fees.
2. Trails/Boulevard Fee. There will be no fees for trails and boulevards. The Area to be Developed
is exempt from Trail and Boulevard Fees.
3. Community Parks. There will be no Community Parks Fees paid. The Area to be Developed is
exempt from Community Parks Fees
L. It is mutually agreed that the District shall pay one percent(1%)of the public construction costs, estimated
to be$10,410.00,to the City to facilitate the review and processing of developments to include engineering,
planning, legal and other miscellaneous expenses incurred by the City. The fee may be a general obligation
of the District. The fee shall be paid prior to the City Engineer's second signature based on the estimated
costs shown on the Source and Use of Funds form, Exhibit "D", attached, unless contracts exist for said
improvements. If contracts for improvements exist, the fee shall be based on actual contract amounts.
Once the projects have been completed and the costs certified by the District's engineer, then the District
shall pay any additional monies which are due within thirty (30) days of the engineer's cost certification.
The District may receive a refund from the City if the improvement costs, as certified by the District's
engineer are less than shown on the Source and Use of Funds form. The District must request a refund from
the City with the engineers' certified costs and letter submitted to the Public Works Department. Such
refund shall be paid within thirty(30)days. The fee shall be paid for all District contracts issued for public
improvements.
SECTION III
Credit or funds of the District may be used to pay for any public improvements specified in this Agreement,but not
for any other purpose. PROVIDED, HOWEVER, the District may issue warrants for the purpose of paying for
repairs, maintenance and operating costs of the District, such warrants to be paid out of funds obtained by the
District through its general fund tax levy,or where allowed by law,may be paid from special assessments or fees or
charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the
District nor shall construction warrants be issued therefor without the prior written approval of the City Engineer.
Storm warning sirens purchase or installation may be a general obligation. The District shall not acquire any interest
in real property without the prior approval of the City of Omaha.
4 Rev. 1/1/2018
The estimated general obligation,valuation, and debt ratio of the District is as shown on the attached Exhibit D and
summarized as follows:
Phase General Obligation 95%Valuation Debt Ratio
Southeast-Phase 1 (100 Units) $626,460.00 $18,050,000 3.47%
Southwest-Phase 2(106 Units) $875,990.00 $19,636,500 4.46%
TOTAL (206 Units) $1,502,450.00 $37,686,500 3.99%
•
The General Obligation of the District shall be incurred only for costs identified as General Obligation-eligible costs
in this Agreement, and any subsequent Subdivision Agreements which relate to subsequent phases, and shall not
exceed the District engineer's estimate of probable cost as shown above and on Exhibit "D," by more than 10%,
except either i) the City Engineer or their designee may administratively approve a corresponding increase in the
General Obligation of the District,or ii)by amendment of this Agreement and approval by the Omaha City Council.
. Any General Obligation costs in excess of the approved amount shall be specially assessed or paid for privately. In
no event shall public improvements financed by General Obligation debt be in excess of 4%of estimated valuations.
SECTION IV
A. City covenants and agrees that should the City, by reason of its annexation of the District, or any area
thereof, prior to District's levy of special assessments for the improvements authorized in this Agreement
thereby succeed to said District's power to levy special assessments,that City will levy same in accordance
with this Agreement.
B. All parties covenant and agree that nothing in this Agreement shall be construed so as to oblige the City to
annex the area to be developed or any part thereof.
C. The District shall not sue nor fund any lawsuit to prevent any annexation of property within the District by
the City except in the event the City annexes only a part of the District,the District does not waive its right
to contest a proper division of assets and liabilities.
D. Post-construction stormwater management maintenance identified as the responsibility of the Association
shall continue to be performed and funded by the Association after annexation by the City. Maintenance
responsibilities of the District shall become that of the City upon annexation.
SECTION V
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.
5 Rev. 1/1/2018
•
2. A plat of the area to be assessed.
3. A full and detailed statement of the entire cost of each type of improvement, which statement or
statements shall separately show:
i. The amount paid to the contractor.
ii. A special itemization of all other costs of the project, including, but not limited to, all
engineering fees, attorneys' fees, testing expenses, publication costs, financing costs,
including, but not limited to, interest on all warrants to date of levy of special
assessments, estimated fiscal agent's warrant fees, bond fees and other items shown as
"soft costs".
iii. A special itemization of all costs of the District not itemized in(i)and(ii)above.
D. The District agrees that it will not unreasonably delay acceptance of an improvement and that District shall
levy special assessments within six (6) months after acceptance of the improvement. In addition to the
above notice requirement, the District shall also, twenty (20) days prior to the Board of Equalization
hearing of the District, give notice in writing to the City that the Board of Equalization will be convened on
that date for the consideration of the levying of special assessments and equalization and apportionment of
debt.
SECTION VI
A. The District agrees to annually levy a total combined ad valorem property tax of at least 88 cents per$100
taxable valuation until all construction fund debt is converted to bonds, and in no event shall the District's
total levy be less than the total City of Omaha levy.
A. After written notice from the City to the District of the City's intention to annex all of the territory of the
District, the District shall not, until the earlier of(i) final annexation, or (ii) nine (9) months from the
District's receipt of written notice of intent of annexation, enter into any contract that is in excess of
$20,000 of budgeted expenditures or that exceeds one year in duration,unless and until such contract is first
approved by the City Engineer or their designee. Any such contract that is not first approved by the City
Engineer or their designee shall be voidable by the City after the annexation becomes effective.
Notwithstanding anything to the contrary herein, nothing in this paragraph shall be deemed to restrict the
District from complying with statutory budgeting requirements or from approving contracts that are in the
reasonable judgment of the Board of Trustees necessary to address an emergency situation within the
District or to comply with their statutory obligations as Trustees.
SECTION VII
In the performance of this Agreement,the District shall not discriminate against any parties on account of race,color,
creed, political or religious affiliation, sex, marital status, sexual orientation, gender identity,national origin, age,or
disability in violation of federal or state laws or local ordinances.
SECTION VIII
A. Subject to the conditions and provisions hereinafter specified, the City hereby grants permission to the
District to connect its sewer system to the sewer system of the City for a period not to exceed ten(10)years,
in such manner and at such place or places designated on plans submitted by the District and approved by
the City.
B. Upon the completion of any sanitary outfall sewer,if any,built by the District,the City shall be granted and
they shall accept control and operation of the facility. The District shall convey by proper legal instrument
all its rights, easements, title, and interest in such Sanitary Outfall Sewer to the City. The form of
acquisition shall be upon approved City forms.
•
6 Rev. 1/1/2018
C. Without prior written approval by the City,the District shall not permit any sewer lines outside the presently
described boundaries to be connected to: The sewer or sewer lines of the District, any sewer from the
District's boundaries to the sewers of the City, any outfall sewer of the City, or any sewage treatment plant
of the City. The City shall have exclusive control over connections to its sewers whether inside or outside
the District's boundaries. The District shall not collect charges for such connections.
D. At all times, all sewage from and through said District into the City sewer system shall be in conformity
with the ordinances, regulations, and conditions applicable to sewers and sewage within the City as now
existing and as from time to time may be amended.
E. Before any connection from any premises to the sewer system of the District may be made,a permit shall be
obtained for said premises and its connection from the proper department of the City,which permit shall be
obtainable on the same terms, conditions, and requirements of the City and for the same permit fee of the
City applicable from time to time to permit property outside the City to connect to the sewer system of the
City; it being expressly understood that the City reserves the right to collect all connection charges and fees
as required by City ordinances or rules now or hereafter in force; all such connections shall comply with
minimum standards prescribed by'the City.
F. Notwithstanding any other provisions of this Agreement, City retains the right to disconnect the sewer of
any industry, or other sewer user within the area to be developed, which is discharging into the sewer
system in violation of any applicable ordinance,statute,rule or regulation.
G. The District warrants that it has not employed or retained any company or person, other than a bona fide
employee working for the District, to solicit or secure this Agreement, and that it has not paid or agreed to
pay any company or person,other than a bona fide employee working for the District,any fee,commission,
percentage,brokerage fee, gifts,or any other consideration, contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul
this Agreement without liability. The District shall require the same warranty from each contractor with
whom it contracts in any way pertaining to its sewage system. The prohibition provided for herein shall not
apply to the retention of an attorney or other agent for the purpose of negotiating the provisions of this
Agreement where the existence of such agency has been disclosed to the City.
H. Subletting,assignment or transfer of all or part of any interest of the District hereunder is prohibited without
prior written approval of the City of Omaha.
The District expressly agrees that it is and shall be:
1. Bound by and to any provisions of any ordinances, rules and regulations hereafter made and
adopted by the City of Omaha applicable to sanitary and improvement districts whose sewers
connect directly or indirectly with or into sewers or sewage systems of the City of Omaha;and,
2. Bound by any terms and provisions which by ordinance, resolution or rule of the City of Omaha
shall hereafter adopt or provide as being applicable to or required in contracts with sanitary and
improvement districts or in order to permit or continue the discharge of any sewage from a sanitary
and improvement district to flow into or through any part of the sewer or sewage system of the City
of Omaha.
J. The District agrees to collect an "equivalent front footage charge" where the property with which sewer
connection is sought to be made is not within the bounds of a regular sanitary sewer district or private sewer
district or where such property has not been assessed or has not paid for the construction of the sewer to
which connection is sought to be made, then in such case the Chief Plumbing Inspector of the Permits and
Inspections Division shall not issue a permit for such sewer connection until the property owner shall have
paid to the improvement district an equivalent front footage charge for the number of front feet of the entire
property with which such connection is sought to be made. The equivalent front footage charge shall be the
7 Rev. 1/1/2018
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
INTERCEPTOR SEWER FEES ARE INTENTIONALLY OMITTED AS THE PROJECT IS INSIDE
THE INTERSTATE 680 LOOP AND THEREFORE NOT SUBJECT TO INTERCEPTOR SEWER FEES.
A. The owner of each lot shall make payment to the City of Omaha for Watershed Management Fees. This fee
is computed as follows for the lots shown on the plats (Exhibit "A"). Payment shall be made to the City
Permits and Inspections Division prior to receiving a building permit to construct improvements on any lot.
Payment shall be based on the then-current fee on the date of the building permit application,as adopted by
the Omaha City Council. For example,for FY2019,the fee would be as follows:
Lots 101-206,Single Family or Duplex Residential,
106 Units @$908.00 $96,248.00
TOTAL: $96,248.00
B. In the event the Subdivider shall plat additional lots which will be in the District, this Agreement shall be
amended by the parties to provide payment of the current fee for the additional lots before any building
permits are issued by the City.
C. The District and the City agree that payment made under Section IX-A of this Agreement shall constitute a
Watershed Management Fee for the area described in Section IX-A and shall be collected by the City as a
Watershed Management Fee or shall be levied as a Special Assessment against the real estate described in
Section IX-A as follows:
1. The real estate shall be charged the Watershed Management Fee amount as set forth in Section IX-
A for each lot or parcel.
2. The Watershed Management Fee shall be collected by the City from the owner of each lot or
parcel of real estate or levied as a Special Assessment in the amount as shown in Section IX-A
prior to the time any such lot or parcel is built upon.
3. In the event of annexation by the City,the Watershed Management Fee shall continue to remain as
a special assessment or charge against each lot which has not previously paid said Watershed
Management Fee. The Watershed Management Fee shall be collected and retained by the City
from each such lot owner before the building permit is issued.
SECTION X
A. Installation of entrance signs or related fixtures and any median landscaping and related fixtures shall be
paid for by the Subdivider. Plans for such proposed improvements that are to be located in public right-of-
way and a proposed maintenance agreement for the improvements must be submitted to the City for review
and approval prior to the installation of improvements.
B. No separate administrative entity nor joint venture,among the parties,is deemed created by virtue of the
Subdivision Agreement.
C. The administration of this Subdivision Agreement shall be through the offices of the undersigned officers
for their respective entities'.
8 Rev. 1/1/2018
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: CITY OF OMAHA
Jam, ZH 19
Y CLERK Date MAYOR Date
ATTEST:
SANITARY AND IMPROVEMENT DISTRICT SANITARY AND IMPROVEMENT DISTRICT NO.
NO. 592 OF DOUGLAS CO.,NEBRASKA 592 OF DOUGLAS CO.,NEBRASKA
070 X 11-20"1U
CLERK Date CHAIRMAN Date
ATTE •
SOMER WNERS ASSOCIATION
PRESI
APPROVED AS TO FORM
u ivi Date ITY ATTORNEY Date
10 Rev. 1/1/2018
On this 9 'th day of Ltrow.m.ker , 2018,before me, a Notary Public in and for said County and State,
personally appeared , Pies of Celebrity Homes, Inc., who executed the above
and acknowledged the execution thereof to be their voluntary act and deed.
Ciftit—te ` GENERAL NOTARY-State of Nebraska
NOTARY PUBLIC 1� CHRISTINE A.DeLaROSA,���/ S( ' 'i My Comm.Exp.Nov.29,2018
My Commission expires YJ
On this avth day of / P6, 4.k , 2018,before me, a Notary Public in and for said County and State,
personally appeared , President of the Somerset 2 Homeowners Association, who
executed the above and acknowledged the execution thereof to be their voluntary act and deed.
67.
d'Z�(�; vL GENERAL NOTARY State of Nebraska
ll/� CHRISTINE A.DeLaROSA
NOTARY PUBLIC /�/� r i— My Comm.Exp.Nov.29,2018
My Commission expires
11 Rev. 1/1/2018
SUBDIVISION AGREEMENT EXHIBIT
EXHIBIT A FINAL PLAT
EXHIBIT B SANITARY SEWER&PAVING PLAN
EXHIBIT C STORM SEWER PLAN
EXHIBIT D SOURCE&USE OF FUNDS&VALUATION INFORMATION
EXHIBIT E SEDIMENT&EROSION CONTROL PLAN
EXHIBIT F: CONCEPTUAL STATE STREET IMPROVEMENTS
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Somerset 2 Phase 2 0118066.02-003 L:\Engineering\0118066 Somerset\DESIGN DATA\
SOMERSET 2 - PHASE 2 -SOURCE & USE OF FUNDS
ORDER OF MAGNITUDE COST ESTIMATE
EXHIBIT D (1 of 2)
Construction General Soft So Reimburse
Proposed Improvement Quantity Unit Cost Total Cost Obligation Cos Special Coo ble
/of %
SANITARY SEWER
Interior 3350 LF $295,000.00 $418,900.00 $0.00 $418,900.00 42% $0.00
STORM SEWER 1465 LF $136,400.00 $191',400.00 $191,400.00 40% $0.00 $0.00
Basin Cleanout 1 LS $27,500.00 $38,400.00 $38,400.00 40% $0.00 $0.00
Basin Removal 1 LS $45,000.00 $63,000.00 $63,000.00 40% $0.00 $0.00
PAVING
Minor 10680 SY $495,200.00 $700,400.00 $80,900.00 40% $619,500.00 42% $0.00
Major 5800 SY $208,500.00 $291,600.00 $291,600.00 40% $0.00 $0.00
SIDEWALKS 13625 SF $76,000.00 $106,600.00 $106,600.00 40% $0.00 $0.00
Handicap Ramps 38 EA $38,000.00 $53,200.00 $53,200.00 40%
WATER
Interior LF $310,100.00 $400,900.00 $0.00 $400,900.00 29% $0.00
Pioneer Main Fee $0.00 $0.00 $0.00 $0.00 $0.00
Connection Fee LF $17,100.00 $20,600.00 $20,600.00 20% $0.00 $0.00
POWER 106 Lots $143,100.00 $185,000.00 $0.00 $185,000.00 29% $0.00
UTILITY RELOCATION $15,000.00 $18,600.00 $18,600.00 24% $0.00 $0.00
(For unknow existing utilities)
PLAN REVIEW FEE 1 % $10,410.00 $11,690.00 $11,690.00 12% $0.00 , $0.00
Total $1,817,310.00 $2,500,290.00 $875,990.00 $1,624,300.00 $0.00
Specials per Lot $15,320.00 Total 100%Valuation = $20,670,000
95% Total Valuation = $19,636,500
DEBT RATIO 1 4.46%I
ASSESSABLE VALUATION
%of Valuation 100% 95% Debt Ratio
Phase 2 106 Units 100% = $195,000 $20,670,000 $19,636,500
Total 106 Units $20,670,000 $19,636,500 4.46%
11/9/2018 10:33 AM Page 1 of 1 ESTIMATE 0118066 Phase 2.xlsx
1
0118066 0118066.01-003 L:\Engineering\0118066 Somerset Phase 6\DESIGN DATA\
SOMERSET 2 -TOTAL -SOURCE & USE OF FUNDS -FOR REFERENCE ONLY
ORDER OF MAGNITUDE COST ESTIMATE
EXHIBIT D (2 of 2)
Construction General Soft1 Sof Reimbursabl
Proposed Improvement Quantity Unit Cost Total Cost Obligation Cot Special Cost e
04 I
SANITARY SEWER
Interior 6870 LF $570,000.00 $809,400.00 $0.00 $809,400.00 42% $0.00
STORM SEWER 2605 LF $364,200.00 $510,320.00 $510,320.00 40% $0.00 $0.00
Basin Cleanout 2 LS $55,000.00 $76,800.00 $76,800.00 40% $0.00 $0.00
Basin Removal 1 LS $45,000.00 $63,000.00 $63,000.00 $0.00 $0.00
(Existing Silt Basin to be removed after development)
PAVING
Minor 21630 SY $1,015,800.00 $1,436,800.00 $205,300.00 40% $1,231,500.00 42% $0.00
Major 5800 SY $208,500.00 $291,600.00 $291,600.00 40% $0.00 $0.00
SIDEWALKS 13625 SF $76,000.00 $106,600.00 $106,600.00 40% $0.00 $0.00
Handicap Ramps 38 EA $38,000.00 $53,200.00 $53,200.00 40% $0.00 $0.00
WATER
Interior LF $569,300.00 $736,100.00 $0.00 $736,100.00 29% $0.00
Pioneer Main Fee $95,000.00 $114,000.00 $114,000.00 20% $0.00 $0.00
Connection Fee LF $17,100.00 $20,600.00 $20,600.00 20% $0.00 $0.00
POWER 206 Lots $278,100.00 $359,600.00 $0.00 $359,600.00 29% $0.00
UTILITY RELOCATION $30,000.00 $37,200.00 $37,200.00 24% $0.00 $0.00
(For unknow existing utilities)
PLAN REVIEW FEE 1 % $21,220.00 $23,830.00 $23,830.00 12% $0.00 $0.00
Total $3,383,220.00 $4,639,050.00 $1,502,450.00 $3,136,600.00 $0.00
Specials per Lot $15,230.00 Total 100%Valuation = $39,670,000.00
95% Total Valuation = $37,686,500.00
DEBT RATIO = 3.99%
ASSESSABLE VALUATION
%of Valuation 100% 95% Debt Ratio
Phase 1 100 Units 48% = $190,000= $19,000,000 $18,050,000 3.47%
Phase 2 106 Units 52% _ $195,000 $20,670,000 $19,636,500 4.46%
Total 206 Units $39,670,000 $37,686,500 3.99%
•
11/9/2018 10:34 AM Page 1 of 1 ESTIMATE 0118066 Total.xlsx
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` ' 1 - ,: . EXHIBIT F
/ �1 NESSI'1YM fir
NO. (;20 I t
Item Submitted By: Jacob Placzek
Department: Planning
Council Meeting Date: January 29, 2019
Res. that, the Subdivision Agreement among the City of Omaha, Celebrity Homes, Inc., a
Nebraska corporation, Somerset 2 Homeowners Association, and Sanitary and Improvement
District (S.&I.D.) 592 of Douglas County, Nebraska, as recommended by the Mayor, is hereby
approved. The Subdivision is to be known as Somerset 2 (Lots 101-206) and is located
southeast of Wenninghoff Road and State Street. •
V
Presented to City Council
January 29, 2019
APPROVED 7-0
elizabeth Nritler
City Clerk