RES 2019-0430 - Subdivision agmt, Holland Hilltop AdditionRESOLUTION NO.V-4W
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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
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CITY CLE Date MAYOR Date
APPROVED AS TO FORM:
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CITY ATTORNEY
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5
Rev. 7/2/2018
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Design Development, LLC, a Nebiaska', limited] lability company
By:
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Its:
STATE OF NEBRASKA
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COUNTY OF DOWLAS
Theforegoing.
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kknoedged before me this 1 day, of MCL�' 2019, by
of Design
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c0any� on bealf of said company.
Development, LLC
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