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RES 2019-0430 - Subdivision agmt, Holland Hilltop AdditionRESOLUTION NO.V-4W City Clerk Office Use Only: Publication Date (if pli114c Agenda DatAodul) I DepartmentSubmitter: CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, Design Development, LLC, a Nebraska limited liability company, proposes to build a subdivision to be known as Holland Hilltop Addition (Lots 1-9 and Outlot A), which will be located at 209 South 49th Street; and, WHEREAS, Design Development, LLC, a Nebraska limited liability company, will build public and private improvements in this subdivision; and, WHEREAS, Design Development, LLC, a Nebraska limited liability company, agrees to pay Watershed Management fees currently estimated in the amount of $2,556.80, to be paid with the building permit; 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 and Design Development, LLC, a Nebraska limited liability company, as recommended by the Mayor, providing for the Watershed Management fees and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Holland Hilltop Addition (Lots 1-9 and Outlot A) and is located at 209 South 49th Street. P:\rah\1652rah.doc APPROVED AS TO FORM: ,�'eTY ATTORNEY DATE Adopted: MAY 14 2019 ,1`f Attest: City Clerk l Q Approved: Mayor SUBDIVISION AGREEMENT Holland Hilltop Addition (Lots 1-9, and Outlot A) THIS AGREEMENT, made and entered into this day of /1 C 2019, among Design Development, LLC, a Nebraska limited liability company, (hereinafter referred to as "Subdivider"), 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" (hereinafter referred to as the "Area to be Developed"); and, WHEREAS, the parties hereby acknowledge that the Property is being redeveloped by the Subdivider pursuant to the Nebraska Community Development Law, and, as part of the redevelopment plan, the Subdivider has requested and obtained tax increment financing from the City in the principal sum of $883,105.00 in order to construct and implement the above -referenced project in general conformance with the Site Plan; and, WHEREAS, the Subdivider wishes to connect the system of sanitary sewers to be constructed within the area to be developed to the sewer system of the City; and, WHEREAS, the parties wish to agree on the method for the installation and allocation of expenses for public improvements to be constructed in the property. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: For the purpose of this Agreement, the following words and phrases shall have the following meanings: 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. SECTION I Subdivider covenants that Subdivider shall, 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 for the installation of the improvements set forth herein: A. Concrete paving exists to serve the site, pursuant to the Final Plat and in general conformance with the Site Plan (Exhibit "A" and `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 exists to serve the site, pursuant to the Final Plat and in general conformance with the Site Plan (Exhibit "A" and `B"). D. All water and gas distribution mains, street lighting for public streets and underground electrical service are already available to serve the Area to be Developed. 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 by the Subdivider to the City as soon as available, but in no event longer than four months from the date of execution of this agreement. Rev. 7/2/2018 F. Sidewalks and street trees adjacent to all public streets immediately adjacent to the redeveloped site shall be constructed by the Subdivider in conformance with Section 53-9 (9) according to the following schedule: 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. Sidewalks and street trees shall be constructed immediately abutting built -upon lots as soon as weather permits. 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. G. Post -construction stormwater management features and related appurtenances shall be constructed on private property, pursuant to the Final Plat and in general conformance with the Site Plan (Exhibits "A" and `B"). The post -construction stormwater management plans and specifications shall be submitted to and accepted by the City prior to starting construction of the proposed multi -family residential project. SECTION II The parties agree that the entire cost of all public improvements set out in Section I herein shall be defrayed as follows: A. Except as otherwise provided in this Agreement, the cost of installing all public improvements shall be paid for pursuant to the terms and conditions of the Redevelopment Agreement entered into by and between the City and the Subdivider pursuant to the Nebraska Community Development Law. Except as provided for in the Redevelopment Agreement, all charges by Metropolitan Utilities District ("MUD") for any water and gas line installations serving the Area to be Developed shall be paid for privately by the Subdivider, and all charges by the Omaha Public Power District for underground electrical service or overhead power installations serving the Area to be Developed shall be paid for privately by the Developer. B. Except as specifically set forth herein and in the Redevelopment Agreement, the Subdivider shall, without charge to the City, upon completion of the public improvements contemplated herein, unconditionally give, grant, convey and fully dedicate such public improvements to the City. Notwithstanding the foregoing, the Subdivider shall retain ownership of all private improvements located and to be constructed within the Area to be Developed, and the Subdivider shall retain ownership of all private improvements located within the Area to be Developed. C. The plans and specifications for said stormwater management improvements shall be submitted to and must be accepted by the City prior to starting construction of said improvements. Said improvements shall be located as shown on the post -construction stormwater management plans to be prepared by Lamp Rynearson & Associates and are subject to the approval of the City. D. Except as may be provided for in the Redevelopment Agreement, One hundred percent (100%) of the entire cost of all post -construction stormwater management features, and related appurtenances, shall be paid for privately by the Subdivider; provided, 1. The Subdivider shall own and maintain the property. All necessary easements shall be granted to the City by the Subdivider, if any, at the time of the recording of the final plat. All post - construction stormwater management maintenance identified as the responsibility of the Subdivider shall be performed and funded by the Subdivider or its successors and assigns. 2. Routine mowing, landscaping, screening or other amenities that do not contribute to water quality shall be paid for and maintained by the Subdivider or its successors and assigns. E. The Area to be Developed is located within the City's Central Zone B. Accordingly, there are no Community Park Fees, Neighborhood Park Fees nor Trail and Boulevard Fees due or payable to the City. 2 Rev. 7/2/2018 SECTION III Subdivider covenants and agrees that the Subdivider will 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 therefore. SECTION IV In the performance of this Agreement, the Subdivider 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 V A. Subject to the conditions and provisions hereinafter specified, the City hereby grants permission to the Subdivider to connect its sewer system to the sewer system of the City, in such manner and at such place or places designated on plans submitted by the Subdivider and approved by the City. B. Upon the completion of any sanitary outfall sewer, if any, built by the Subdivider, the City shall be granted and they shall accept control and operation of the facility. The Subdivider 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. Without prior written approval by the City, the Subdivider shall not permit any sewer lines outside the presently described boundaries to be connected to: The sewer or sewer lines of the subdivision, any sewer from the subdivision'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 subdivision. The Subdivider shall not collect charges for such connections. D. At all times, all sewage from and through said subdivision 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 subdivision 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 Subdivider warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Subdivider, 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 Subdivider, 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 Subdivider 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. 3 Rev. 7/2/2018 H. The Subdivider expressly agrees that they are 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 subdivisions 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 subdivisions or in order to permit or continue the discharge of any sewage from a subdivision to flow into or through any part of the sewer or sewage system of the City of Omaha. SECTION VI A. The property is located within the City's Central Zone B. Accordingly, no Interceptor Sewer Fees shall be due or payable respecting the development our use of the property located within the Area to be Developed. B. 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 FY201.9, the fee would be as follows: Lots 1-9, Multi Family Residential, 0.64 Acres @ $3,995.00 $2,556.80 TOTAL: $2,556.80 C. In the event the Subdivider shall plat additional lots which will be in the subdivision, 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. SECTION VII 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. Outlot A shall be used for green space and a driveway and will be maintained by Subdivider, or a to be formed owner's association, if and to the extent such association is formed. C. No separate administrative entity nor joint venture, among the parties, is deemed created by virtue of the Subdivision Agreement. D. The administration of this Subdivision Agreement shall be through the offices of the undersigned officers for their respective entities. E. This Subdivision Agreement shall be binding upon the parties, their respective successors and assigns and runs with the land shown on Exhibit "A"". q Rev. 7/2/2018 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 S / Ski 'biIL4 5-I5=/9 CITY CLE Date MAYOR Date APPROVED AS TO FORM: �l l� CITY ATTORNEY M 5 Rev. 7/2/2018 SUl3D'1V'1D9R. Design Development, LLC, a Nebiaska', limited] lability company By: Najnne- Its: STATE OF NEBRASKA ss-- COUNTY OF DOWLAS Theforegoing. r" olngntu'non' "Vas �v kknoedged before me this 1 day, of MCL�' 2019, by of Design —aL (t_ -t'N—h ebraska d liab ityM I p c0any� on bealf of said company. Development, LLC Ighaturre of �Nootaryy Pub KRISTNA Ix 111C0W&!_*0d"31.= . My Comm issidir expires Rev. -1)2V20 1.8