RES 2018-0993 - Subdivision agmt, Plaza 133 o,o nnHe,,,, Public Works Department
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City of Omaha NOV 0 6 2018 's 5 Robert G.Stubbe,P.E.
Jean Stothert,Mayor �c+ Public Works Director
Honorable President
and Members of the City Council,
The attached Resolution approves the Subdivision Agreement among RL Development, LLC, a 1
Nebraska limited liability company, the Plaza 133 Owners Association, Inc., a Nebraska Non-
Profit Corporation, Sanitary and Improvement District(S.&I.D.)413 of Douglas County, Nebraska,
and the City of Omaha. This Subdivision Agreement covers the public improvement of Plaza 133
(Lots 1-9 and Outlots A-D), a subdivision located north of 101st Street and Blair High Road.
This Agreement stipulates which public improvements will be built by S.&.I.D. 413, those which
will be paid for by special assessment and those to be paid for by General Obligation of S.&I.D.
413. The estimated total cost of improvements is $2,611,800.00, of which $1,259,367.00 will be
paid by General Obligation.
The Agreement provides for Interceptor Sewer Fees in the amount of,$241,915.55 and Watershed
Management Fees currently estimated in the amount of $166,196.81 to be paid as building
permits are issued.
S.&I.D. 413 previously paid part of the Interceptor Sewer Fees for some of the lots within the
___ _ proposed_subdivision; the Agreement authorizes the=City to_reimburse these fees to the_District _ __.
as they are paid by the respective lot owners at the time of building permit application. The
amount to be reimbursed to the District shall not exceed $49,990.26, and shall be paid from the
Interceptor Sewer Construction, Organization 116921, Fund 12133.
The Agreement provides for Park Fees as follows: Trail & Boulevard Fee, to be assessed as
building permits are issued; and Community Parks Fee, approximately half of which, $25,743.00,
is to be paid by the District at the time of final platting and which may be paid by General
Obligation, and the remaining half 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 $13,500.00. The City will use
this fee to fund additional personnel in the Planning and Public Works Departments to facilitate
the processing of developments.
•
Honorable President
and Members of the City Council
Page 2
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 Master Plan.
A/t.e.,
l
TM Ro ert G. Stubbe, P.E. Date Date
Public Works Director 6, Planning Director l.4-,--4^-+7
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Approved as to Funding: ZeTTr7ed to City Council for Consideration:
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tep e v B. Curtiss A 4 I Date Mayor's Office D to
Finance Director
.p •ved:
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ench, Director ate
Parks, Recreation and
P:\rah\1599rah.doc Public Property Department i
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/, City Clerk Office Use Only:
/,� Publication Date(if a.plica.le •
RESOLUTION NO. `'�I Z
Agenda Date:
Department: f "larks
Submitter: ; an ritiliS
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, RL Development, LLC, a Nebraska limited liability company, proposes to build a
subdivision to be known as Plaza 133 (Lots 1-9 and Outlots A-D) which will be located north of 101st Street
and Blair High Road; and,
WHEREAS, Sanitary and Improvement District (S.&I.D.) 413 will build public and private
improvements in this subdivision; and,
WHEREAS, RL Development, LLC, a Nebraska limited liability company, and S.&I.D. 413 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. 413 agrees to pay $13,500.00 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, Interceptor Sewer Fees in the amount of$241,915.55 will be collected by the City
as Building Permits are approved in the subdivision for the construction of the sewers in the Papillion Creek
Watershed; and,
WHEREAS, S.&I.D. 413 previously paid part of the Interceptor Sewer Fees for some of the
lots within the proposed subdivision, and the City to reimburse these fees to the District as they are paid by
the respective lot owners at the time of building permit application; and,
WHEREAS, the amount to be reimbursed to the District shall not exceed $49,990.26, and shall
be paid from the Interceptor Sewer Construction, Organization 116921, Fund 12133; and,
WHEREAS, Watershed Management Fees currently estimated in the amount of $166,196.81
will be collected by the City as Building Permits are approved in the subdivision; and,
WHEREAS, S.&I.D. 413 agrees to provide for Park Fees as follows: Trail & Boulevard Fee, to
be assessed as building permits are issued; and Community Parks Fee, approximately half of which,
$25,743.00, is to be paid by the District at the time of final platting and which may be paid by General
Obligation, and the remaining half to be paid as building permits are issued; and,
RESOLUTION NO. 043
PAGE -2-
WHEREAS, RL Development, LLC, a Nebraska limited liability company, has or will create
The Plaza 133 Owners Association, Inc., a Nebraska Non-Profit Corporation, 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, RL Development, LLC, a
Nebraska limited liability company, The Plaza 133 Owners Association, Inc., a Nebraska Non-Profit
Corporation, and Sanitary and Improvement District (S.&I.D.) 413 of Douglas County, Nebraska, as
recommended by the Mayor, providing for the public improvements, 1% administrative fee, Interceptor Sewer
Fee, Watershed Management Fee, Parks fees, and sewer connection to the Omaha Sanitary Sewer System,
is hereby approved. The Subdivision is to be known as Plaza 133 (Lots 1-9 and Outlots A-D) and is located
north of 101st Street and Blair High Road. The City shall reimburse (S.&I.D.) 413 of Douglas County,
Nebraska, for previously-paid Interceptor Sewer fees, not to exceed $49,990.26, from the Interceptor Sewer
Construction, Organization 116921, Fund 12133.
P:\rah\1600rah.doc APPROVED AS TO FORM:
Y ATTORNEY DATE
•
Adopted: ,DEC 0 4 2018 -
Attest:
City Clerk
Approved: •
Mayor
'7
SUBDIVISION AGREEMENT
Plaza 133 (Lots 1-9 and Outlots A-D)
THIS AGREEMENT, made and entered into this day of DLeyyyt , 2018, among RL
DEVELOPMENT, LLC, a Nebraska limited liability company, (hereinafter referred to as "Subdivider"), The Plaza
133 Owners Association, Inc., a Nebraska Non-Profit Corporation (hereinafter referred to as "Association")
SANITARY AND IMPROVEMENT DISTRICT NO 413 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 and GCP RDI, LLC are the owners 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, a portion of the area to be developed is the subject of that certain Subdivision Agreement Cherry Hills
Business Park adopted by the City Council of Omaha on November 3, 1998,via Resolution No.3029,as amended by
Amendment No. 2 Subdivision Agreement Cherry Hills Business Park Replat 4 (the "Original Subdivision
Agreement") setting forth certain conditions and providing for the payment of interceptor sewer fees and park fees;
and,
WHEREAS, the Subdivider has or will create the Plaza 133 Owners Association, Inc. comprised of the property
owners of Lots 1-9 and Outlots A,C and D;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. Outlots A through D, inclusive, are drainage or non-buildable areas and therefore are not
building sites. Outlots A, C and D, shall be owned and maintained by the Association, its successors or
assigns. Outlot B shall be owned and maintained by the District,their successors or assigns.
C. "Street intersections"shall be construed to mean the area shown on the attached street intersection drawings
(Exhibit"B").
D. "Linear Trail Corridor" shall mean property acquired as public property for the construction of public
recreational trails. Facilities developed within this trail corridor shall be limited to: trail paths, landscaping,
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boundary fencing, signage, benches, lighting, utilities and parking areas. The maintenance level of these
properties shall be at a lesser standard than that provided for park property.
E. "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:
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 Thompson,Dreesen&Domer,Inc.("TD2"),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
TD2,copies of which are attached hereto as Exhibit"C".
C. Storm sewers, inlets,manholes and related appurtenances constructed in dedicated street rights-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 TD2,copies of which are attached hereto as Exhibit`B".
D. Water and gas distribution mains located within dedicated street rights-of-way 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.
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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.
H. A 10' wide concrete trail(the"Trail")shall be constructed on Outlot D in accordance with the Parks Master
Plan of the City of Omaha. Plans shall be approved ty the Omaha Parks Department prior to construction.
The trail shall be constructed at the request of the City, provided, however, that the District shall not be
required to construct the trail until the earlier of the following:(i)the trail will connect to a trail that is being
constructed on property adjacent to the District, (ii)the District's debt ratio is below seven percent(7%),or
(iii)the City provides written notice to the District of the City's intention to annex all of the territory of the
District. The District agrees to annually levy a total combined ad valorem property tax of at least 88 cents
per$100 taxable valuation until the trail is constructed.
A permanent traffic signal will be installed by the District at the intersection of Highway 133 and Potter
Street at such time as warrants are met,or at the request of the City.
J. Subdivider was required to acquire 0.708 acres of real property from the adjacent property owner for purposes
of constructing Potter Street and additionally acquire 0.329 acres of permanent easement for the purpose of
grading support for the street(together the"Right of Way Acquisition"). The total acquisition costs for the
Right of Way Acquisition was $41,798.18. The District shall reimburse Subdivider for the Right of Way
Acquisition.
K. Post-construction stormwater management features and related appurtenances shall be constructed in right-
of-way and outlots, per plat(Exhibit "A"). 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 TD2,copies of which are attached hereto as Exhibit"H"and are subject
to the approval of the City. The City has assigned a project number of OMA-20180710-437-P to these plans.
L. Post-construction stormwater maintenance agreement shall be submitted to and reviewed by the City prior to
the commencement of construction of said improvements, and shall comply with the requirements attached
hereto as Exhibit"I". The maintenance agreement shall delineate the responsibilities of the District and of
the Association and shall be subject to the approval of the City. The maintenance agreement must include
language to control when post-construction stormwater features are constructed, and differentiate between
the requirements of construction site stormwater runoff controls and post-construction controls. The post-
construction stormwater features shall not be installed until such time as they will not be negatively impacted
by construction site runoff. Maintenance actions identified as private, to be performed by the association,
property owner,or other private entity shall run with the land and become the responsibility of any successors,
assigns or future owners,as appropriate.
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.
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� A
• 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 commercial/industrial lots which shall be specially
assessed or paid for privately.
The costs to construct the traffic signal at the intersection of Highway 133 and Potter Street may be a general
obligation of the District. Subdivider shall enter into a maintenance agreement with the City prior to
recording the final plat.
J. One hundred percent(100%)of the entire cost of the Trail may be a general obligation of the District.
K. One hundred percent(100%)of the reimbursement to Subdivider for the Right of Way Acquisition shall be
a general obligation of the District.
L. 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.
M. The Sediment and Erosion Control Plan to be submitted the City of Omaha for compliance with NPDES
regulations is attached hereto and incorporated herein as Exhibit"E". The City of Omaha must approve said
plan prior to City Engineer's second signature on the final plat. The initial construction cost of grading and
piping for temporary sediment and erosion control facilities shall be paid for privately by the Subdivider.
Removal of said 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.
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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.
N. Park fees shall be paid as follows:
1. Neighborhood Park Fee. Neighborhood Park Fees are determined on a case-by-case basis. The
City Parks Department shall review the inter-local agreements entered into by contributing SIDs for
the costs of land acquisition and construction of the neighborhood parks. The Neighborhood Park
Fee may be a general obligation of the District.
2. Trails/Boulevard Fee. There will be no S.I.D.platting fees for trails and boulevards. A Trail and
Boulevard Fee will be assessed at the time of building permit,provided,however,that credit in the
amount of$13,181.00 previously paid by the District shall be applied to the total amount of such
fee.
3. Community Parks. Approximately fifty percent (50%) of the Community Park (CP) Fee will be
paid by the S.I.D. at the time of final platting and will qualify to be a general obligation of the
District. This portion of the CP Fee is calculated on a per-acre basis as follows:
Lots 1-9,Commercial or Industrial,
34.324 Acres @$750.00 per acre $25,743.00
TOTAL: $25,743.00
The remaining portion of the CP Fee will be assessed at the time of building permits on a per-lot
basis.
O. It is mutually agreed that the District shall pay one percent(1%)of the public construction costs, estimated
to be$13,500.00,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.
P. One hundred percent(100%)of the entire cost of all post-construction stormwater management features, and
related appurtenances,may be a general obligation of the District,provided,
1. Land acquisition for the construction of permanent post-construction stormwater management
features may be a general obligation of the District. The District shall own and maintain these
properties in accordance with the maintenance agreement contained herein. All necessary
easements to the City and the District shall be granted at the time of platting. The District may
expend up to 20%soft costs to consummate the transaction.
2. Construction of post-construction stormwater management features or"BMPs"(Best Management
Practices)may be a general obligation of the District,provided they are in conformance with the
"Omaha Regional Stormwater Design Manual",and are able to be publicly maintained.
3. Maintenance of post-construction stormwater management features may be paid from the operating
fund of the district provided the maintenance activities are required to maintain the water quality
benefits as designed. Routine mowing, landscaping, screening or other amenities that do not
contribute to water quality shall be paid for by the subdivider and maintained by the Association.
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4. Street, sewers and sidewalks adjacent to land acquired for post-construction stormwater
management features shall be specially assessed or paid for privately.
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.
The estimated general obligation of the District is estimated to be$1,259,367,as shown on the Source&Use of Funds,
Exhibit"D". The District valuation is estimated to be$31,484,181,as shown on Exhibit"D",for a debt ratio of 4%.
The General Obligation of the District shall be incurred only for costs identified as General Obligation-eligible costs
in this Agreement,and shall not exceed the District engineer's estimate of probable cost of$1,259,367,as shown 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.
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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.
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.
E. City agrees it will make a good faith effort to require any new development which abuts the platted streets in
the District to reimburse District for the special assessment costs that would be associated with the frontage
abutted by the new development. Such reimbursement will be due upon platting of the adjacent new
development area.
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,excluding ASIP described below,be less than the total City of Omaha levy.
B. As the total levy(Bond and General)necessary to support the other debt and obligations of the SID for all
projects (including deferred Community Park Fees) decreases below 88 cents per $100 of valuation, the
District shall pay to the City annually an amount equal to the District's levy(not to exceed 5 cents per$100
of taxable valuation),only on the nine(9) lots covered by this Subdivision Agreement. Such payment shall
be made annually within six(6)months of receipt of the assessed valuation for such nine(9)lots. No other
ASIP fees shall be due to the City on any other lots within the District,except for ASIP fees due at the time
of application to the City for a building permit.
C. 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.
7
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. 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
8
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
current charge in conformance with the requirements of the Omaha Municipal Code. The front footage
charge collected shall be used to defray the general obligation of the sanitary and improvement district.
SECTION IX
A. The owner of each lot shall make payment to the City of Omaha for the construction of interceptor sewers.
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 2018,the fee would be as follows:
Lots 1-9,MU,
34.324 Acres @$7,048.00 per acre(less credit for
Interceptor sewer fees paid on 11.06 acres
under the Original Subdivision Agreement
and Amendment No.2 as follows): $241,915.55
Interceptor Sewer Fees paid under Original
Subdivision Agreement: 6.64 acres at
$3,878.16/acre ($25,750.98)
Interceptor Sewer Fees paid under Amendment
No.2:4.42 acres at$5,484.00/acre ($24,239.28)
TOTAL: $191,925.29
As building permits are issued for lots in Plaza 133 which contain lots or parts of lots previously platted
under either the original Subdivision Agreement or Amendment No. 2, the District may request
reimbursement from the City for the Interceptor Sewer Fees it previously paid. The total amount of these
reimbursements is not to exceed $49,990.26. The reimbursements shall be paid by the City to the District
out of the Interceptor Sewer Fund.
B. 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 current
fee for the additional lots before any sewer 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
Special Sewer Connection Fee for the area described in Section DC-A and shall be collected by the City 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. The real estate shall be charged the special sewer fee amount as set forth in Section IX-A for each
lot or parcel.
2. The Special Sewer Connection 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 DC-A prior to the
9
time any such lot or parcel is built upon and before the building sewer is connected to the sanitary
system of the District.
3. In the event of annexation by the City,the Special Sewer Connection Fee shall continue to remain
as a special assessment or charge against each lot which has not previously paid said Special Sewer
Connection Fee. The Special Sewer Connection Fee shall be collected and retained by the City from
each such lot owner before the building sewer is connected to the sanitary system.
D. 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.
E. No sewer permit will be issued by the City for any construction on any lot in the area described in Section
IX-A until payment to the City of the Special Sewer Connection Fee or levy of the Special Assessment for
that particular lot as called for in Section IX-A.
F. 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 1-9,Commercial/Industrial/Mixed Use/Institutional,
34.324 Acres @$4,842.00/acre. $166,196.81
TOTAL: $166,196.81
G. 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.
H. The District and the City agree that payment made under Section IX-F of this Agreement shall constitute a
Watershed Management Fee for the area described in Section IX-F 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-F as follows:
1. The real estate shall be charged the Watershed Management Fee amount as set forth in Section IX-
F 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-F 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.
10
B. Outlets A,C and D shall be used for future drainage improvements and will be owned and maintained by
the Association. Outlot B shall be used for post construction storm water management and will be owned
and maintained by District.
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".
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
izAdig
CITY CLE Date MAYOR Date
ATTEST: SANITARY AND IMPROVEMENT DISTRICT NO.
SANITARY AND IMPROVEMENT DISTRICT 413 OF DOUG S CO.,N RASKA
NO.413 OF DOUGLAS CO.,NEBRASKA
/ale
ACTING CLERK Date C IRMA Date
ATTEST:
THE PLAZ 3 OWNER/SSOCI.TION
INC. /
diA Alf
PRE'SDENT
APPROVED AS TO FORM
; •
Su a ivider Date CITY A ORNEY Date
00758857.DOCX(3)
11
•
STATE OF NEBRASKA )
ss.
COUNTY OF DOUGLAS) /^'
On this ."740/day of Sertttser, 2018, before me, a Notary Public in and for said County and State,
personally appeared Rodney L. Laible, Manager of RL DEVELOPMENT, LLC, who executed the above and
acknowledged the execution thereof to be their voluntary act and deed.
GENERAL NOTARY-State of Nebraska
NOTARY PUB C WENDY GRAHAM
My Commission expires C / t /9 My Comm.Exp.July 21,2019
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS)
On this day ofSeptember,20i 8,before me,a Notary Public in and for said County and State,
personally appeared Rodney L. Laible,President of the The Plaza 133 Owners Association,Inc.,who executed the
above and acknowledged the execution thereof to be their voluntary act and deed.
Z(2 .Q GENERAL NOTARY State of Nebraska
NOTARY PU 1C R WENDY GRAHAM
My Commission expires 07/4 /, " my comm.Bp.July 21,2019
12
SUBDIVISION AGREEMENT EXHIBIT
EXHIBIT A FINAL PLAT
EXHIBIT B PAVING&STORM SEWER
EXHIBIT C SANITARY SEWER
EXHIBIT D SOURCE&USE OF FUNDS
EXHIBIT D-2 VALUATION INFORMATION
EXHIBIT E SEDIMENT&EROSION CONTROL PLAN
EXHIBIT H POST-CONSTRUCTION STORMWATER MANAGEMENT PLAN
EXHIBIT I POST-CONSTRUCTION STORMWATER MANAGEMENT MAINTENANCE PLAN
EXHIBIT J WETLANDS MITIGATION PLAN
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\N '-_ 1 i Ij•l{• c z NT F ACKNOWLEDGEMENT OF Sornaz naF Job No.:A7762-102-A
CT. r - ` t .Iii}i { _ nark
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+� s ` t'"Pt•• 1, I • ,.,a,rna,Serve m,„1. w,w wmoA m xwr,.w.a m m.oc w Reviewed By:. JDW
SOT' 4 .•_ .,.,�` S- ® ,°' ' nTw,o Date.JANUARY 25,2018
s V �. •'f /'.'4nj o22c ., Saar,wr,e Book:
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FINAL CITY OF OMAHA
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PLAZA 133 TD2
LOTS 1 THROUGH 9,INCLUSIVE AND OUTLOTS A,B,C AND D
DOUGLAS COUNTY,NEBRASKA e'- ,:nee..ri'�;
& c_iVcv rl=,
PROJECT
SITE tho pson,dreessen a darner,inc.
` ti j 10836 Old MIt Rd
Omaha,NE 68154
\ A +- p.402.330.8860 www.td2co com
N
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1 . •
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,
1014V0,
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Paving and Storm
_ I y:�� Sewer Plan
,,,/ I Exhibit B
PLAZA 133 TD2
LOTS 1 THROUGH 9,INCLUSIVE AND OUTLOTS A,B,C AND D PROJECT
DOUGLAS COUNTY,NEBRASKA SITE e -, ce r
tic __.,\BV r,
1�d Mt �ti I,.• momp6on.a aessen a darner Inc
\ #y 10836 Old MCI Rd
Omaha.NE 68154
\ ` p.402330.8860 .td2co cam
'! Plaza 133
II -..- 1 TS;1 ITt7r7...j it;'':41:.6. ' '''Z':-.11,t
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/ RL
VICINITY MAP
er
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1.1)1 i r
�' _�\ Sanitary Sewer
1101\ Plan
Exhibit C
EXHIBITS D AND D2 . -_
Name of Addition PLAZA 133(LOTS 1-9 AND OUTLOTS A-D) SID# 413
Source and Use of Funds: (Provide a separate sheet for the preliminary plat and for each final plat phase.)
Proposed Improvements
Construction Total' General Financing
Quantity Cost Cost Obligation Special Reimbursable Deferred
Storm Sewer .
Storm Sewer 2,710 LF $531,700 $714,600 $714,600
PCSMP Acquist(Outlot B) 1 EA $30,100 $36,100 $36,100
Sanitary Sewer
Interceptor LF $0
Outfall LF $0
Interior 1,420 LF $50,500 $71,100 $71,100
Paving
Minor 8,430 SY $381,400 $512,600 $152,067 $360,533 4
Collector
ROW Acquist 1 EA $41,798 $50,200 $50,200 °
Paving Major
Highway 133 Improvements 1,550 SY $86,300 $115,900 $115,900
Sidewalk 1 LS $47,300 $63,500 $63,500
Parks
Improvements-Trail 3000 SY $180,400 $242,500 3 $242,500
Land Acquisition
Comm.Park Fee 34.32 AC $30,300 $30,300 $30,300
• City Review Fee $13,500 $16,200 $16,200
Water
Pioneer Main Fee 1 LS $111,200 $130,700 $130,700
Connection Charge
Interior 1 LS $297,200 $368,200 $368,200
Gas
Interior 1 LS $85,000 $100,000 $100,000
Electricity 9 LOTS $129,100 $159,900 $159,900
Total $2,015,798 $2,611,800 $1,259,367 $1,109,933 $0 $242,500
1 Total cost includes engineering fees and administrative fees
2 Attach a statement of assumptions as basis for preliminary projections(92.04% of full valuation).
3 Deferred cost until District can fund per Bond House determination
° Excess GO transferred to Special to keep GO ratio less than 4%
Plaza 133 Valuation $31,484,181 2
Plaza 133 Debt Ratio 4.00% Date September 24,2018
RL Development -
Plata 133
Projected Valuations/Assessment Values
Revised:September 24,2018
Est Price
Per
CBRE and Square Total
Banf of the Foot Estimated
West Land Structure Structure
Appraisal @ Total Assessment Total
Price Per Est Price Per Assessed Estimated Estimated Value Assessed CBRE Land Total
Square Usable Acre Land Land Square Foot Value Structure Structure (90.25%to Value of Wetlands Appraisal Price Assessed
Total CBRE Non- Feet Per Square Developed/ Valuation @ Valuation @ Structure @ (90.25% Square Valuation @ 95%of Usable Land Square Per Acre Price Total Assessed Percentage
Description Acres Wetlands Acre Feet LOI 100% 9S% 100%Valuation to 95%) Footage 100% Valuation) and Structure Wetlands Feet Undeveloped Wetlands Value of Valuation
Lot 9 2.96 2.96 43,560 128,938 $3.95 $ 509,304 $ 483,838 $100.00 $90.25 50,000 $5,000,000 $4,512,500 $4,996,338 (0.00) 0 $1.41 $0 $ 4,996,338 90.69%
lot 2 5.22 5.22 43,560 227,557 $3.95 $ 898,852 $ 853,909 $100.00 $90.25 80,000 $8,000,000 $7,220,000 $8,073,909 (0.00) 0 $1.41 $0 $ 8,073,909 90.73%
Lot 3 5.91 5.91 43,560 257,570 $3.95 $1,017,403 $ 966,532 $100.00 $90.25 60,000 $6,000,000 $5,415,000 $6,381,532 (0.00) 0 $1.41 $0 $ 6,381,532 90.94%
Lot 8 1.20 1.01 43,560 44,170 $3.95 $ 174,471 $ 165,747 $100.00 $90.25 11,500 $1,150,000 $1,037,875 $1,203,622 0.19 8,102 $1.41 $11,424 $ 1,215,046 90.88%
Lot 7 5.35 2.46 43,560 107,158 $3.95 $ 423,273 $ 402,109 $100.00 $90.25 26,000 $2,600,000 $2,346,500 $2,748,609 2.89 125,888 $1.41 $177,503 $ 2,926,112 90.92%
Lot 5 4.53 4.53 43,560 197,501 $6.83 $1,347,945 $ 1,280,547 $100.00 $90.25 20,000 $2,000,000 $1,805,000 $3,085,547 0.00 0 $1.41 $0 $ 3,085,547 92.16%
Lot 4 3.87 3.87 43,560 168,664 $9.00 $1,517,979 $ 1,442,080 $100.00 $95.00 20,000 $2,000,000 $1,900,000 $3,342,080 0.00 0 $1.41 $0 $ 3,342,080 95.00%
Lot 6 2.39 2.39 43,560 104,065 $10.00 $1,040,648 $ 988,616 $100.00 $95.00 5,000 $500,000 $475,000 $1,463,616 0.00 0 $1.41 $0 $ 1,463,616 95.00%
Totals 31.43 28.37 1,235,623 6,929,873 6,583,380 272,500 $27,250,000 $24,711,875 $31,295,255 3.07 133,991 $188,927 $31,484,181 92.04%
PLAZA 133
LOTS 1 THROUGH 9,INCLUSIVE AND OUTLOTS A,B,C AND D TD 2
DOUGLASA COUNTY,NEBRASKA _ v..__
PROJECT bC /e/ ioc
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EXHIBIT I
DRAFT
POST CONSTRUCTION STORMWATER MANAGEMENT PLAN
MAINTENANCE AGREEMENT AND EASEMENT
WHEREAS, Sanitary and Improvement District No. 413, Douglas County,
Nebraska, recognizes that stormwater management facilities (hereinafter referred to as
"the facility" or"facilities") must be maintained for the development called Plaza 133
located in the jurisdiction of the City of Omaha, Douglas County, Nebraska; and,
WHEREAS, Sanitary and Improvement District No. 413, Douglas County, Nebraska
is the owner(hereinafter referred to as "the Owner") of the property described on Exhibit
A, attached hereto and made a part hereof(hereinafter referred to as "the Property"),
and,
WHEREAS, the City of Omaha (hereinafter referred to as "the City") requires and the
Property Owner, or its administrators, executors, successors, heirs, or assigns, agree
that the health, safety and welfare of the citizens of the City require that the facilities be
constructed and maintained on the property, and,
WHEREAS, the Post Construction Stormwater Management Plan, OMA-20180710-
4337-P, (hereinafter referred to as "PCSMP"), be constructed and maintained by the
Property Owner, its administrators, executors, successors, heirs, or assigns, and
NOW, THEREFORE, in consideration of the foregoing premises, the covenants
contained herein, and the following terms and conditions, the property owner agrees as
follows:
1. The facility shall be constructed by the Owner in accordance with the
PCSMP, which has been reviewed and accepted by the City of Omaha or its
designee.
2. The Owner must develop and provide the "BMP Maintenance Requirements",
attached here to as Exhibit "B", which have been reviewed and accepted by
the City of Omaha or its designee. The BMP Maintenance Requirements
shall describe the specific maintenance practices to be performed for the
facilities and include a schedule for implementation of these practices. The
Plan shall indicate that the facility or facilities shall be inspected by a
professional qualified in stormwater BMP function and maintenance at least
annually to ensure that it is operating properly. A written record of inspection
results and any maintenance work shall be maintained and available for
review by the City.
Post Construction Stormwater Management Plan Maintenance Agreement And Easement 1
3. The Owner, its administrators, executors, successors, heirs, or assigns, shall
construct and perpetually operate and maintain, at its sole expense, the
facilities in strict accordance with the attached BMP Maintenance
Requirements accepted by the City of Omaha or its designee.
4. The Owner, its administrators, executors, successors, heirs, or assigns
hereby grants permission to the City, its authorized agents and employees, to
enter upon the property and to inspect the facilities whenever the City deems
necessary. The City shall provide the Owner copies of the inspection findings
and a directive to commence with the repairs if necessary. The City will
require the Owner to provide, within 7 calendar days, a written response
addressing what actions will be taken to correct any deficiencies and provide
a schedule of repairs within a reasonable time frame. Whenever possible,
the City shall provide notice prior to entry. The City shall indemnify and hold
the Owner harmless from any damage by reason of the City's negligent acts
during such entry upon the property.
5. The Owner its administrators, executors, successors, heirs, or assigns,
agrees that should it fail to correct any defects in the facility or facilities within
reasonable time frame agreed to in the response by the Owner for corrective
actions, or shall fail to maintain the structure in accordance with the attached
BMP Maintenance Requirements and with the law and applicable executive
regulation or, in the event of an emergency as determined by the City of
Omaha or its designee in its sole discretion, the City of Omaha or its
designee is authorized to enter the property to make all repairs, and to
perform all maintenance, construction and reconstruction as the City of
Omaha or its designee deems necessary. Notwithstanding the foregoing, the
City shall indemnify and hold the Owner harmless from any damage by
reason of the City's negligent during such entry upon the property.
6. The City of Omaha or its designee shall have the right to recover from the
Owner any and all reasonable costs the City of Omaha expends to maintain
or repair the facility or facilities or to correct any operational deficiencies
subject to the provisions of the immediately preceding sentence relating to
negligent acts of the City. Failure to pay the City of Omaha or its designee all
of its expended costs, after forty-five days written notice, shall constitute a
breach of the agreement. The City of Omaha or its designee shall thereafter
be entitled to bring an action against the Owner to pay, or foreclose upon the
lien hereby authorized by this agreement against the property, or both.
Interest, collection costs, and reasonable attorney fees shall be added to the
recovery to the successful party.
7. The Owner shall not obligate the City of Omaha to maintain or repair the
facility or facilities, and the City of Omaha shall not be liable to any person for
the condition or operation of the facility or facilities.
8. The Owner, its administrators, executors, successors, heirs, or assigns,
hereby indemnifies and holds harmless the City and its authorized agents
and employees for any and all damages, accidents, casualties, occurrences
or claims that may arise or be asserted against the City from the construction,
presence, existence or maintenance of the facility or facilities by the Owner.
In the event a claim is asserted against the City, its authorized agents or
employees, the City shall promptly notify the Owner and the Owner shall
defend at its own expense any suit
Post Construction Stormwater Management Plan Maintenance Agreement And Easement 2
9. Based on such claim unless due solely to the negligence of the City in which
event the City shall be required to defend any such suit at its own expense.
Notwithstanding the foregoing, if any claims are made against both the City of
Omaha and the Owner, each will be required to defend any such suit or claim
against it at its own expense. Each shall be responsible for payment of any
recovery to the extent determined in such suit. If any judgment or claims
against the City, its authorized agents or employees shall be allowed, the
Owner shall pay for all costs and expenses in connection herewith except to
the extent of the negligent act of the City.
10. The Owner shall not in any way diminish, limit, or restrict the right of the City
of Omaha to enforce any of its ordinances as authorized by law.
11. This Agreement shall be recorded with the Register of Deeds of Douglas
County, Nebraska and shall constitute a covenant running with the land and
shall be binding on the Owner, its administrators, executors, successors,
heirs, or assigns, including any homeowners or business association and any
other successors in interest.
Dated this day of , 201_.
Sanitary and Improvement District No. 413, Douglas County, Nebraska
By:
Rod Laible, Chairman
STATE OF
) ss.
COUNTY OF )
On this day of , 201_ before me, a Notary Public, in and for said
County, personally came the above named: Rod Laible, Chairman, Sanitary and
Improvement District No. 413, Douglas County, Nebraska who is personally known to
me to be the identical person whose name is affixed to the above instrument and
acknowledged the instrument to be his voluntary act and deed for the purpose therein
stated.
WITNESS my hand and Notarial Seal the day and year last above written.
Notary Public
Post Construction Stormwater Management Plan Maintenance Agreement And Easement 3
1
Exhibit "A"
Project Information
Legal Description: Lots 1 through 9 and Outlots A through D
Subdivision Name: Plaza 133
Section: 28-16-12
Applicant Information
Business Name: Sanitary and Improvement District No. 413,
Douglas County, Nebraska
Business Address: 7417 North 101 st Street
Omaha, NE 68122
Representatives Name: Rod Laible
Representative's Email: rlaible@rdi3.com
Representative's Phone: (402) 763-2103
BMP Information
Name Identifier Latitude/Longitude
Detention Basin 1 DB-1 41.32798°N 96.07277°W
Detention Basin 2 DB-2 41.32929°N 96.06957°W
Post Construction Stormwater Management Plan Maintenance Agreement And Easement 4
Exhibit "B"
BMP Maintenance
Plaza 133
Lots 1-9 and Outlots A through D
Omaha, NE
OMA-20180710-4337-P
GENERAL BMP INFORMATION
BMP ID Name Location Legal Description
Detention Basin 1 See Exhibit'A' See Exhibit 'A'
Detention Basin 2 See Exhibit 'A' See Exhibit 'A'
II. BMP SITE LOCATION MAP
See Exhibit `A'
III. Routine Maintenance Tasks and Schedule
Maintenance Tasks and Schedule
Task Schedule
Trash/Debris Removal Monthly
Inspect for Damage Monthly
Repair and Damages As Needed
IV. Maintenance Inspection Reports. Annual maintenance inspection reports
must be commissioned by the property owner and provided to the City
upon request. The first report shall be conducted one year following the
final acceptance date of the Post Construction Stormwater Management
Plan and each year thereafter on or before the acceptance anniversary
date. All maintenance activities and inspection reports must be kept on
file with the property owner for a minimum of five years. Annual
maintenance inspection reports shall be performed by a registered
Nebraska professional engineer, architect, or qualified professional.
Post Construction Stormwater Management Plan Maintenance Agreement And Easement 5
PLAZA 13 3 PROJECT
LOCATION T D 2
LOTS 1 THROUGH 9,INCLUSIVE AND OUTLOTS A,B,C,AND D ,'1 .4
DOUGLAS COUNTY,NEBRASKA 2 ji.. cc:.`:
�y t
\ „$. - S ..;.i} Ihongson,dreessen 8.darner,inc.
'+.. . 10836 Old Mill Rd
/ \
'! ,� ---. Omaha,NE 68154
.<• � p.402.330.8860 .td2co.com/ `
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d r> Plaza 133
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I • \ \ \ !f, TOTAL MITIGATION CALCULATIONS
`\ p \ ` X WETLAND 12-0.222 AC
f +� N WETLAND 7-0.166 AC Pio1®11$p"
WETLAND
\ \. ° E.n,°w.�..°,q„,..°,,,., \ .. I WETLAND 7 0.372 C
\ I ConVREAVIN0 °" °""'°°° �' �` I WETLAND 17(ROW)-0.096 AC
',\ •2� I - .° ``.� WETLAND 13-0.140 AC(IF REQUIRED)
1• $:::f r " �•^� 1t' WETLAND 10-0.275 AC(IF REQUIRED)
\ ��'•, r I :7 1.333 AC REQUIRED
,.-., •. ,/., �` i
} 1__—__—__— — —_____—__—_11 1,944 AC(OUTLOT A)+0.235 AC(OUTLOT B)=2.179 AC
•4I. \ I,i �-' TOTAL AVAILABLE(AS SHOWN) n...o.«
'; .....,_./ i� I'i — J 0.846 AC EXCESS AVAILABLE °, W
------ NOTE:
° " l'' WETLAND NUMBERS ARE PER FHU WETLANDS
• \\/ DELINEATION REPORT
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// Job No:1>°2-102 bate'0b1S2618
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— Exhibit J
4a{µ« r S�t „ " r :a: 'Yd$*i'4'`w��°'R t � ., ..:. .,
_ thompson,.dreessen & dorner, Inc.
10836 Old Mill Road
engineering "� �,, Omaha, NE 68154
& surveying �" 402 330 8860
»5..,47, • .M � ws :� ..,, x..a.,rr.:¢,..... .a':#. .<..use faza?. lbx" �..r7., ..�� w ;as..,., .44..x.
Wetland/Channel Mitigation Plan
Background
A wetlands delineation report for the Plaza 133 development was completed by Felsburg
Holt & Ullevig (FHU) in January 2018. The report evaluated the locations of potential
jurisdictional wetlands and channels within the limits of the proposed development. A
copy of the report has previously been submitted to the City of Omaha Planning
Department for review. Based on the report, wetlands and channels are present on the
property and either need to be protected or mitigated.
The majority of the identified wetlands and channels located on the property are on
proposed outlots. The intent is to protect these resources on these outlots and not disturb
them. There are several small wetlands and one section of channel that are on
developable lots that will require mitigation. The Land Use Element of the City of Omaha
Master Plan Guidelines for "Protection of Natural Features" requires that 100% of
impacted wetlands shall be mitigated at a 1:3 ratio. Additionally, 75% of impacted
channels shall be mitigated at a 1:1 ratio. These guidelines have been implemented in
the preparation of the mitigation plan.
Wetlands Mitigation
As previously noted,the majority of the wetlands on the site are contained within the limits
of proposed outlots. The attached plan shows the location of the identified wetlands in
reference to the proposed lots. There are six(6)areas of wetlands that are located within
the limits of either developable lots or the public right-of-way. These areas will be
relocated as required to either Outlot A or Outlot B. Calculations are shown on the
attached plan indicating the area of the impacted wetlands and the required mitigation
area.
Two (2) of the impacted wetlands are within structures constructed as BMP's for the
grading project. These areas (identified as Wetland 10 and Wetland 12 in the FHU report
totaling 0.139 acres) have been identified as possibly non jurisdictional the Table 2 of
said report as they should be as working BMP's that were installed as temporary erosion
control under the approved grading plan permit. As such, the intent is that these areas
would not require mitigation and will not be mitigated. Without regard for this approach,
excess area has been allowed for in the mitigation calculations (totaling 0.846 acres at
the 1:3 ration) to provide for mitigation.
4 ID Aaa.gag ,tea e ',
n'
Mitigation of the wetlands will be coordinated and permitted with the U.S. Army Corps of
Engineers Regulatory Division (COE)and will be incorporated into the development plans
for the project. Copies of these mitigation plans and permits will be provided to the City
of Omaha as they are developed and approved.
Channel Mitigation
An excavated channel(identified as Channel 17 in the FHU report)exists within the limits
of Lot 7. Historic photos of the project suggest that this channel was dug in an attempt to
drain the large wetlands located within the limits of Outlot A. The channel was dug in a
manner that provided for an extremely narrow channel. The excavation for the channel
was deposited on the ground at the top of the channel blocking the natural drainage in
the area. The narrow, non-maintainable channel has deepened over the years due to
erosion and the inability to maintain the channel. The channel as it currently exists is
extremely undesirable and serves little positive impact to the area.
The proposed public improvements will restore storm water runoff to the natural, wooded
tributary that historically provided for the water getting to Thomas Creek. This channel
will be left undisturbed in Outlot D,with provisions made in the size of the outlot to account
for channel improvements (3:1 plus 20')should they be needed in the future. This natural
channel has capacity to carry the storm water runoff. Restoration of this connection will
further make the excavated channel unnecessary.
It is the intent that the question of weather the excavated channel meets the requirements
as being jurisdictional with be discussed with the COE. If it is determined it is not
jurisdictional, no channel mitigation will be necessary. If it is determined to be
jurisdictional,the channel will be mitigated on Outlot D in the excess area that is available
on the west side of the existing wooded channel. Mitigation will be in accordance with
the City of Omaha requirements previously stated. As stated above for wetlands
mitigation, channel mitigation will be coordinated with the COE and final plans/permits will
be submitted to the City of Omaha.
Summary
Both wetlands mitigation and potentially channel mitigation will be provided in the
development of this site. The configuration of the site and the provided outlots allow for
thompson, dreessen & dorner, inc.
-I " jr
room to provide for these mitigations in conformance with Land Use Element of the City
of Omaha Master Plan Guidelines for"Protection of Natural Features".
•
Thompson, dreessen & dorner, Inc.
na1NO. 3
Item Submitted By: Ryan Haas
Department: Public Works
Council Meeting Date: December 4, 2018
Res. that, the Subdivision Agreement among the City of Omaha, RL Development, LLC, The
Plaza 133 Owners Association, Inc., and Sanitary and Improvement District (S.&I.D.) 413 of
Douglas County, Nebraska, as recommended by the Mayor, is hereby approved. The
Subdivision is to be known as Plaza 133 (Lots 1-9 and Outlots A-D) and is located north of
101st Street and Blair High Road.
Presented to City Council
December 4, 2018
APPROVED 7-0
elizabeth j&utier
City Clerk