RES 2018-0421 - Subdivision agmt, The Landing F ovi!MA,,N.6,e�' C; 1- C `J E C Public Works Department
�� �`, _,,��s� Traffic Engineering Division
1r'�'� n;�w p I t It 1° Omaha/Douglas Civic Center
c® ,''� i '� (MAY 0 1 2018k 1819 Farnam Street,Suite 603
o1,..60 -�'`'` " ^ Omaha,Nebraska 68183-0601
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p'T uP4� CLERK
,l�Cr.,�K (402)444-5220
EL)FEBR (,�:! .pY Fax(402)444-5248
City of Omaha x M„ 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 2929 California Plaza,
LLC, a Nebraska corporation ("Subdivider"), and the City of Omaha. This Subdivision Agreement
covers the public improvement of The Landing (Lots 1-5 and Outlot A), a subdivision located
southeast of 30th and Burt Streets.
The agreement covers the arrangements for storm sewer and stormwater storage improvements
which will provide benefit to the City. These improvements will be constructed by the Subdivider,
and the City shall provide a reimbursement to the Subdivider for the cost of the improvements.
The amount to be reimbursed to the Subdivider shall not exceed $1,160,000.00, and shall be paid
from the RNC Fund, Organization 116912, Fund 21124.
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 confor a�/ce ith the Master Plan.
3 v 41•!2•20
Ra Robert G. Stubbe, P.E. Date avid K. Fanslau Date
Public Works Director Planning Director
Approved as to Funding: Referred to City Council for Consideration:
CefuL. ,
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VIL -k-7rte4+ (V I (, / I
rStephen B. Curtiss Date Mayor's Office Date
t, Finance Director AN/
P:\rah\1549rah.doc
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, 2929 California Plaza, LLC, a Nebraska corporation ("Subdivider"),
proposes to build a subdivision to be known as The Landing (Lots 1-5 and Outlot A) which will be
located southeast of 30th and Burt Streets; and,
WHEREAS, Subdivider will build public and private improvements in this subdivision;
and,
WHEREAS, Subdivider wishes to construct a sanitary sewer system and connect
said system to the Sanitary Sewer System of the City of Omaha; and,
WHEREAS, Subdivider shall construct certain stormwater storage and storm sewer
public improvements, which will provide a benefit to the City; and,
WHEREAS, the City shall reimburse Subdivider for the cost of these public
improvements, currently estimated in the amount of$1,160,000.00; and,
WHEREAS, a Subdivision Agreement has been prepared setting forth all the
provisions mentioned above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OMAHA:
THAT, the Subdivision Agreement between the City of Omaha and 2929 California
Plaza, LLC, a Nebraska corporation, as recommended by the Mayor, providing for the public
improvements, the reimbursement for certain public improvements, and the sewer connection to the
Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as The
Landing (Lots 1-5 and Outlot A) and is southeast of 30th and Burt Streets. The City shall reimburse
2929 California Plaza, LLC, a Nebraska corporation,for the cost of the improvements, not to exceed
$1,160,000.00, from the RNC Fund, Organization 116912, Fund 21124.
P:\rah\1550rah.doc APPR VED AS TO FORM:
(PGe
,arITY ATTORNEY DATE
iff•Al\ d1;44et
By
Councilmembe
Adopted MAY 1 5 2018 ,--
City Clerk
/
Approved
ACTINV 4 or
SUBDIVISION AGREEMENT
The Landing (Lots 1-5/and Outlot A)
This Subdivision Agreement, made this�b day of iS�Ai+a-h , 2018, by and
between 2929 CALIFORNIA PLAZA, LLC, a Nebraska corporation (hereinafter referred to as
"Subdivider"), and the CITY OF OMAHA (hereinafter referred to as"City").
WHEREAS, the Subdivider is the owner of the land shown on the proposed plat attached
hereto as Exhibit A (hereinafter referred to as "Property"), and
WHEREAS, the Subdivider proposes to build public and private improvements on the
property attached hereto as Exhibit B; and
WHEREAS, the Subdivider wishes to connect the system of sanitary sewers to be
constructed within the Property to the sewer system of the City of Omaha; and
WHEREAS, the Subdivider and City desire to agree on the method for the installation and
allocation of expenses for public improvements to be constructed in the Property.
NOW, THEREFORE, in consideration of the above, the following is agreed between the
parties hereto:
1. Public Improvements. Attached hereto as Exhibit C and incorporated herein by
reference is a conceptual plan showing the public improvements to be installed adjacent
to the property (hereinafter referred to as "Public Storm Sewer Improvements"). The
Public Storm Sewer Improvements associated with the pond are limited to the storm
sewer per Exhibit C and do not include the pond or associated trail. The design and
construction of all Public Storm Sewer Improvements must receive the written approval
of the Public Works Department prior to construction. Such approval shall not be
withheld or delayed unreasonably.
2. Design and Construction Management of Public Storm Sewer Improvements. The
Subdivider agrees that it will be responsible for contracting for and coordinating the
design, bidding, construction and construction management of the Public Storm Sewer
Improvements. The Subdivider will publicly seek competitive bids for the construction of
the Public Storm Sewer Improvements in accordance with State of Nebraska statutes.
Such public bid will be advertised in The Daily Record, and any other platform (i.e.
website, trade publications, etc.) the Subdivider chooses, for a minimum of two weeks.
The advertisement and instruction to bidders must contain the location sealed bids are to
be delivered to, the deadline for which bids must be turned in, the time and place of the
bid opening, and all bids must be publicly read. Any changes shall be made via
addendum issued to all plan holders no later than 7 calendar days prior to the bid
opening. All bids submitted shall be evaluated for responsiveness to the design
specifications and bid requirements set forth in the Instruction to Bidders and Contract
Specifications publicly advertised. A bid tabulation report shall be created comparing all
responsive bids received to the opinion of probable construction cost created by the
design engineer. The Subdivider further agrees to award the contract for such
construction to the bidder providing the lowest and best bid, subject to the approval of
the Public Works Director, which approval shall not be withheld or delayed
unreasonably. Prior to the execution of the contract for the Public Storm Sewer
Improvements, the Subdivider shall remit to the City (in hard copy or electronically) proof
of publication for the bid and the bid tabulation report. Failure to materially comply with
the public bidding requirements will result in the City funding for the project being
rescinded.
3. Utility Coordination. The Subdivider agrees to coordinate its construction activities with
all utilities that may be located in the Right-of-Way.
4. Installation of Public Storm Sewer Improvements. The Subdivider agrees to commence
the timely and orderly installation of the Public Storm Sewer Improvements following the
execution of this Agreement, pursuant to Section 53-9 of the Omaha Municipal Code.
5. Payment for Public Storm Sewer Improvements. The Subdivider shall be responsible for
paying the cost of all the Public Storm Sewer Improvements, except for the contributions
from other sources as follows:
a. City of Omaha Public Works Department: reimbursement shall be made to
Subdivider for the actual cost of the Public Storm Sewer Improvements, but shall
not exceed $910,000 for construction and $250,000 for engineering cost as
provided by Lamp Rynearson.
i. Such payment shall be made upon completion of the Public Storm Sewer
Improvements, once a final invoice for the construction of the
improvements, proof of publication for the bid advertisement, and bid
tabulation report have been remitted to the City. In addition, a letter from
the engineer certifying that the Public Storm Sewer Improvements have
been completed in accordance with City of Omaha standards shall also
be provided to the City prior to reimbursement.
6. Equal Employment Opportunity Clause. The Subdivider shall not discriminate against
any employee or applicant for employment because of race, religion, color, sex, age,
marital status, sexual orientation, gender identity, national origin or disability as defined
by the Americans With Disabilities Act of 1990 and the Omaha Municipal Code Section
13-82.
7. Work Eligibility. The Subdivider is required and hereby agrees to use a federal
immigration verification system to determine the work eligibility status of new employees
physically performing services within the State of Nebraska. A federal immigration
verification system means the electronic verification of the work authorization program
authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8
U.S.0 1324a, known as the E-Verify Program, or an equivalent federal program
designed by the United States Department of Homeland Security or other federal agency
authorized to verify the work eligibility status of a newly hired employee.
8. Outlot A. Regarding the storm water retention lake to be located on Outlot A (the "Lake"),
Subdivider and City agree as follows:
i. Subdivider will own the Lake and the trails and other amenities located on
Outlot A, and shall be solely responsible for the maintenance thereof. City
will own and be responsible for the maintenance of the Public Storm Sewer
Improvements as shown in Exhibit C.
ii. Subdivider will provide a public access and maintenance easement over
Outlot A. The Lake will be open to the public for recreation purposes;
provided, however, that Subdivider shall have the right, in its reasonable
discretion, to (i) establish and enforce rules and regulations governing the
hours during which the Lake is open to the public and what activities may
be performed on and about the Lake by the public, and (ii)to close the Lake
to the public from time to time to perform maintenance activities on and
about the Lake.
iii. A detailed Maintenance Agreement of the pond, infrastructure and
associated improvements shall be agreed to by the City and NuStyle
Development prior to reimbursement of the City contributions.
iv. The City's contribution entitles the City to a minimum of 328,000 cubic feet
of storm water storage within the pond. Stormwater storage will generally
be above the permanent pool elevation of the pond, and is intended to be
temporary storage designed to drain within 48 hours of a rain event. In
addition, the City is entitled to control the permanent pool elevation prior to
a rain event using real-time controls (RTC) to achieve additional
stormwater storage. The specific limits of the City control of permanent
pool elevation shall be established in the Maintenance Agreement.
v. Subdivider agrees to grant City (i) reasonable easements for the location
of the Public Storm Sewer Improvements on the real estate comprising the
project, and (ii) a reasonable easement for access to the Lake and the
Public Storm Sewer Improvements for purposes of satisfying City's
maintenance obligations with respect to the Public Storm Sewer
Improvements.
9. Water, Gas, and Electrical Power. The Subdivider agrees to enter into an Agreement with the
Metropolitan Utilities District regarding all water and gas line extensions on the Property and
enter into an Agreement with the Omaha Public Power District for power lines to be installed
on the Property. Copies of all agreements with the Metropolitan Utilities District and the
Omaha Public Power District will be provided to the City within four (4) months from the date
of this Agreement.
10. Payment for Improvements. Subject to the City's obligations in Section 5 above, the
Subdivider shall pay the cost of all the Improvements, as well as all charges by the
Metropolitan Utilities District for water and gas line installation and charges by the Omaha
Public Power District for underground electrical service or overhead power installations.
11. Sidewalks. The Subdivider shall cause sidewalks along both sides of all public streets within
the area to be developed to be constructed according to the following schedule:
a. Sidewalks shall be constructed immediately abutting undeveloped lots on either
side of any block or cul-de-sac (i.e. circle) as soon as the lots comprising 65% of
the abutting footage on such side have been developed. A lot shall be developed
for the purpose of this section when a dwelling has been constructed on the lot.
b. Sidewalks shall be constructed immediately abutting developed lots as soon after
development as weather shall permit.
c. In any event, all sidewalks shall be constructed upon both sides of all public streets
within the Property within three (3)years of the recording of the subdivision plat.
12. Right to Connect to City Sewer System. The City hereby acknowledges that it has given the
Subdivider the right to connect the sanitary sewer system of the Property to the City sanitary
sewer system, subject to obtaining proper permits and paying the regular fees.
13. Interceptor Sewer Fee. The project is within Zone A. No Interceptor Sewer Fees are required.
14. Watershed Management Fee. The project is outside the boundaries of the Papillion Creek
Watershed. No Watershed Management Fees are required.
15. Park Fees. The project is within Zone A. No Park Fees are required.
16. Binding Effect. The Subdivision Agreement shall be binding upon the parties, their respective
successors and assigns.
ATTEST: CITY OF OMAHA
%t2'44"d-- 6/04
CITY LE THE CITY OF OMAHA MAYORACTLN4
APPROVED AS TO FORM: SUBDIVIDER:
2929 CALIFORNIA PLAZA, LLC, a Nebraska
limited liability company
By: Heistand Acquisitions, LLC, a Nebraska
limited liability company, Manager
By: Heistand Holdings Limited Liability
Company, a Nebraska limited liability
company, Manager
By: "f�<%` 3 b/OG
Todd Heistand, Manager Date
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'44",.. .\\. L..4 i. thus' j U
NO. LijI
Item Submitted By: Ryan Haas
Department: Public Works
Council Meeting Date: May 1, 2018
Res. that, the Subdivision Agreement between the City of Omaha and 2929 California Plaza,
LLC, a Nebraska corporation, as recommended by the Mayor, providing for the reimbursement
for certain public improvements to the benefit of the City, is hereby approved. The Subdivision
is to be known as The Landing (Lots 1-5 and Outlot A) and is southeast of 30th and Burt
Streets. (The City shall reimburse 2929 California Plaza, LLC, a Nebraska corporation, for the
cost of the improvements, not to exceed $1,160,000.00, from the RNC Fund, Organization
116912, Fund 21124.)
Presented to City Council
May 1, 2018
APPROVED 7-0
81tzabeth ihtter
City Clerk