RES 2018-0637 - Subdivision agmt, Gloda Addition •
of oM1`H^'k&A, , E f j Public Works Department
&41 °s �° Traffic Engineering Division
.,` Omaha/Douglas Civic Center
«� 4(t fl � '� 't j i t' 1819 Farnam Street,Suite 603
�® o,r WA; �r i2 JUL 1 ,0 2018 EOi
�' Omaha Nebraska 68183-0601
�0 4�ti (402)444-5220
1."TED FEBW C I-T_Y CLERK. Fax(402)444-5248
City of Omaha Q M A H A. iV Et RA S°P4 : Robert G. Stubbe,P.E.
Jean Stothert,Mayor Public Works Director
Honorable President
and Members of the City Council,
The attached Resolution approves the Subdivision Agreement between Gloda Investors, LLC., a
Nebraska corporation, and the City of Omaha. This Agreement covers the public improvement
of Gloda Addition (Lot 1), a subdivision located southeast of Blair High Road and McKinley Street.
The Agreement provides for Interceptor Sewer Fees in the amount of$31,152.16 and Watershed
Management Fees currently estimated in the amount of$20,880.08 to be paid as building permits
are issued.
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, $3,315.00,
is to be paid by the developer at the time of final platting, and the remaining half to be paid as
building permits are issued.
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.
G 11- ,�� 5'Zr'i° ' RoeiniAil 1/4(1/e
RaR bert G. Stubbe, P.E. Date Davld K. Fanslau Date
Public Works Director EB Planning Director
Approved as to Funding: Referred to City Council for Consideration:
V10e .b.l.
'Step en B. Curtiss A Date Mayor's Office Date
Finance Director
proved:
AAL Zuk/(,.
Brook Bench, Director Date
Parks, Recreation and
P:\rah\1571rah.doc Public Property Department
i► 1
City Clerk Office Use Only:
r Publication Date(if applic.ble):
RESOLUTION NO. Li 5
Agenda Date: / A
Department: , ;,f A t.,1'
Submitter: ,,//Ai gr/
V
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Gloda Investors, LLC., a Nebraska corporation, proposes to build a subdivision to
be known as Gloda Addition (Lot 1), which will be located southeast of Blair High Road and McKinley Street;
and,
WHEREAS, Gloda Investors, LLC., a Nebraska corporation, will build public and private
improvements in this subdivision; and,
WHEREAS, Gloda Investors, LLC., a Nebraska corporation, wishes to construct a sanitary'
sewer system and connect said system to the Sanitary Sewer System of the City of Omaha; and,
WHEREAS, Gloda Investors, LLC., a Nebraska corporation, agrees to pay Interceptor Sewer
fees of$31,152.16, and Watershed Management fees currently estimated in the amount of$20,880.08, to be
paid with the building permit; and,
WHEREAS, Gloda Investors, LLC., a Nebraska corporation, 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, $3,315.00, is to be paid at the time of final platting, and the remaining half to be
paid as building permits are issued; and,
WHEREAS, a Subdivision Agreement has been prepared setting forth all the provisions
mentioned above.
3.
RESOLUTION NO. ti
�J 1
PAGE -2-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
THAT, the Subdivision Agreement between the City of Omaha and Gloda Investors, LLC., a
Nebraska corporation, as recommended by the Mayor, providing for the Watershed Management fees,
Interceptor Sewer fees, Parks fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby
approved. The Subdivision is to be known as Gloda Addition (Lot 1) and is located southeast of Blair High
Road and McKinley Street.
P:\rah\1572rah.doc APPROVED AS TO FORM:
1-C—ITY ATTORNEY DATE
Adopted: JUL 2 4 2018
Attest:
City CIerk1
Approved: ) ,(.gs,%. V `011 J�
Mayor
SUBDIVISION AGREEMENT
Gloda Addition (Lot 1)
THIS AGREEMENT,made and entered into this O day of ,20 Ig, among Gloda Investors,
LLC., a Nebraska corporation, (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",
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 to build public improvements in the area to be developed;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. 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
Ehrhart Griffin&Associates,copies of which are attached hereto as Exhibit"B".
B. Existing water and gas mains serve the subdivision.No main extension is necessary..
C. Existing electrical power serves the subdivision.No extension is necessary.
D. Sidewalks along the west side of 108th Street/Irvington Road within the area to be developed with the
proposed on-site improvements. The subdivider agrees not to oppose the creation of a sidewalk district for
McKinley Street in the event a district is created.
E. 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
1 Rev. 1/1/2018
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 Ehrhart Griffin & Associates, copies of which are attached hereto as
Exhibit"D" and are subject to the approval of the City. The City has assigned a project number of OMA-
20171019-4325-P to these plans.
F. 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 "E". The maintenance agreement shall delineate the responsibilities 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 privately by the Subdivider and set out in
Section I herein shall be defrayed as follows:
A. One hundred percent(100%)of the entire cost of all sidewalk construction shall be paid for privately by the
Subdivider.
B. One hundred percent (100%) of the entire cost of all sanitary sewers, including manholes and other
appurtenances,shall be paid for privately by the Subdivider.
C. 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"C". 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 shall be the responsibility of the
Subdivider. 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 for privately by the
Subdivider.
D. Park fees shall be paid as follows:
1. Trails / Boulevard Fee. There will be no platting fees for trails and boulevards. A Trail and
Boulevard Fee will be assessed at the time of building permit.
2. Community Parks. Approximately fifty percent (50%) of the Community Park (CP) Fee will be
paid by the Subdivider at the time of final platting. This portion of the CP Fee is calculated on a
per-acre basis as follows:
Lot 1,Industrial,
4.42 Acres @$750.00 per acre $3,315.00
TOTAL: $3,315.00
2 Rev. 1/1/2018
The remaining portion of the CP Fee will be assessed at the time of building permits on a per-lot
basis.
E. 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 these properties in accordance with the maintenance
agreement contained herein. All necessary easements to the City and the Subdivider shall be
granted at the time of platting. Post-construction stormwater management maintenance identified
as the responsibility of the Association shall be performed and funded by the Association
2. 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.
SECTION III
A. 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.
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 Subdivider shall not sue nor fund any lawsuit to prevent any annexation of property within the
subdivision by the City.
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.
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 for a period not to exceed ten (10)
years, 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.
3 Rev. 1/1/2018
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.
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 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:
Lotl,Industrial,
4.42 Acres @$7,048.00 $31,152.16
TOTAL: $31,152.16
B. In the event the Subdivider shall plat additional lots which will be in the subdivision 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.
4 Rev. 1/1/2018
C. The Subdivider and the City agree that payment made under Section VI-A of this Agreement shall
constitute a Special Sewer Connection Fee for the area described in Section VI-A and shall be collected by
the City as a Special Sewer Connection Fee as follows:
1. The real estate shall be charged the special sewer fee amount as set forth in Section VI-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 in the amount as shown in Section VI-A prior to the time any such lot or parcel
is built upon and before the building sewer is connected to the sanitary system of the subdivision.
3. In the event of annexation by the City,the Special Sewer Connection Fee shall continue to remain
as a 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 VI-A herein.
E. No sewer permit will be issued by the City for any construction on any lot in the area described in Section
VI-A until payment to the City of the Special Sewer Connection Fee for that particular lot as called for in
Section VI-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 FY2018,the fee would be as follows:
Lot 1,Commercial/Industrial/Mixed Use/Institutional,
4.42 Acres @$4,724.00 $20,880.08
TOTAL: $20,880.08
G. 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.
H. The Subdivider and the City agree that payment made under Section VI-F of this Agreement shall constitute
a Watershed Management Fee for the area described in Section VI-F and shall be collected by the City as a
Watershed Management Fee as follows:
1. The real estate shall be charged the Watershed Management Fee amount as set forth in Section VI-
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 in the amount as shown in Section VI-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 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.
5 Rev. 1/1/2018
SECTION VIJ
A. Installation of entrance signs or related fixtures and any median landscaping and related fixtures shall be
paid for by the Subdivider. Plans for such proposed improvements that are to be located in public right-of-
way and a proposed maintenance agreement for the improvements must be submitted to the City for review
and approval prior to the installation of improvements.
B. No separate administrative entity nor joint venture,among the parties,is deemed created by virtue of the
Subdivision Agreement.
C. The administration of this Subdivision Agreement shall be through the offices of the undersigned officers
for their respective entities.
D. This Subdivision Agreement shall be binding upon the parties,their respective successors and assigns and
runs with the land shown on Exhibit"A"".
6 Rev. 1/1/2018
IN WITNESS WHEREOF,we the executing parties,by our respective duly authorized agents,hereby enter into this
Agreement,effective on the day and year first above written.
ATTEST: CITY OF OMAHA
CITY -__J LAA__ L/lAt 71121,9fig
C E Date �� MAYOR Date
APPROVED AS TO FORM
/ZLOS/
ider Date STY ATTORNEY Date
On this 23 day of Mow ,20 Ig ,before me,a Notary Public in and for said County and State,personally
appeared c.„„u:n (, sel) , Pgrf„- of Gloda Investors,LLC.,who executed the above and
acknowledged the execution thereof to be their voluntary act and deed.
Ina+w( GENERAL NOTARY State of Nebraska
c-- r MICHAEL C.HOLTON
NOTARY PUBLIC Ji„i`• My Comm.Exp.Dec.26,2021
My Commission expires het., 26` 20.24
7 Rev. 1/I/2018
SUBDIVISION AGREEMENT EXHIBIT
EXHIBIT A FINAL PLAT
EXHIBIT B SANITARY SEWER
EXHIBIT C SEDIMENT&EROSION CONTROL PLAN
EXHIBIT D POST-CONSTRUCTION STORMWATER MANAGEMENT PLAN
EXHIBIT E POST-CONSTRUCTION STORMWATER MANAGEMENT MAINTENANCE PLAN
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STORM WATER POLLUTION .. gpqq 0�9 REVISIONS '^1q
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W ,:'p�; _;' PREVENTION PLAN (SWPPP) €Q .*is
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L. m GLODA STORAGE FACILITY v I cT_n
v 9224 NORTH 108th STREET _gS Fzt .o
OMAHA, NEBRASKA A - N� m
EXHIBIT D
PRELIMINARY DRAINAGE STUDY
GLODA STORAGE UNITS
EGA171155
May 2018
•
Ehrhart Griffin &Associates
3552 Farnam Street
Omaha,NE 68131
(402) 551-0631
1. SUMMARY
The drainage design for the Gloda Storage project is based on analysis of the 2 year and
10 year minor stoiiu events, and 50 year and 100 year major storm event. Due to the
development of the area the imperviousness of the site will be increased and therefore
detention will be necessary. To demonstrate "no adverse impact," the stormwater
management system was designed to provide water quality treatment for the first 0.5 inch
of runoff
2. ANALYSIS
2.1 HYDROLOGY
The rational method was used for the hydrologic analysis of this project. The proposed
site was divided into 7 drainage sub basins to determine the peak runoff and flow
patterns. For all analyzed storm events there is an increase in runoff from the existing
condition to the proposed condition.
Per Table 2-3 in the Omaha Regional Stormwater Design Manual, a runoff coefficient
0.95 was used for impervious areas. A runoff coefficient of 0.5 was used for the
proposed grass area, 0.4 was used for the existing grass area and the pervious pavers, and
0.85 was used for the pavement grindings along the shoulder of the proposed road.
The SCS Method was used to analyze the detention requirement of the site. The system is
designed to handle the required treatment and detention per the post construction
management plan requirements.
Exhibit E
Post-construction stormwater maintenance agreement
1. Construction site stormwater runoff controls
This section should define the controls used to manage stormwater runoff during construction. It should also contain
information defining when the controls are installed,when they are taken out and how/when they are converted to a
permanent post-construction feature(if applicable)
2. Post-construction stormwater management features
Define the features to be used as permanent post-construction stormwater management controls.
3. Timing of installation of post-construction stormwater management features
Provide a schedule(either a timeline,or percentage of buildout)defining when the permanent post-construction
stormwater features will be installed. They should not be installed at such a time to treat or control construction site
runoff,or to become impaired by construction site runoff. Some features may not be built until developments are
significantly built out.
4. Maintenance responsibilities of the Subdivider
Define what the maintenance requirements of the post-construction stormwater management features are to provide
the required treatment. Maintenance responsibilities of the Subdivider will be limited to activities that preserve the
ability of the feature to retain,detain,convey or treat stormwater runoff,as designed.
5. Transfer of Maintenance Responsibilities
This maintenance Agreement shall be binding upon the parties,their respective successors and assigns and runs with
the land shown on Exhibit"A".
NO. (P3i
Item Submitted By: Ryan Haas
Department: Public Works
Council Meeting Date: July 24, 2018
Res. that, the Subdivision Agreement between the City of Omaha and Gloda Investors, LLC., is
hereby approved. The Subdivision is to be known as Gloda Addition (Lot 1) and is located
southeast of Blair High Road and McKinley Street.
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. V
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Presented to City Council
July 24, 2018
APPROVED 7-0
8ltzabeth /'i&tier
City Clerk