RES 2016-0819 - Subdivision agmt, 825 Park Avenue �M(•HA,NF - _ Public Works Department
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K«f1: i5Vi� Omaha/Douglas Civic Center
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�r�J Omaha,Nebraska 68183-0601
q Q (402)444-5220
444 FEBR�r Fax(402)444-5248
City of Omaha ' 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 among Uptown Properties, LLC, a
Nebraska limited liability company,The Uptown Homeowners Association,and the City of Omaha.
This Agreement covers the public improvement of 825 Park Avenue (Lots 1-5 and Outlot A), a
subdivision located at 825 Park Avenue.
The Public Works Department requests your consideration and approval of the attached Subdivision
Agreement.
Respectfully submitted, This action has been reviewed and found to be
in co formance with the JL&
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R\k Robert G. Stub , Date ames R. Thele Date
Public Works ' ctor ce.Planning Director
Approved as to Funding: Referred to City Council for Consideration:
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�Ylt� �b _ - ��+ti
Stephen . Curtiss ate Mayor's Office Mate
Finance Director r49
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SUBDIVISION AGREEMENT
825 PARK AVENUE(Lots 1-5 and Outlot A)
THIS AGREEMENT, made and entered into this 'daY of �IC , 20/6, among UPTOWN
PROPERTIES, LLC, a Nebraska limited liability company, (hereinafter referred to as "Subdivider"), The UPTOWN
Homeowners Association, (hereinafter referred to as "Association"), and the CITY OF OMAHA, a Municipal
Corporation in the State of Nebraska(hereinafter referred to as"City").
WITNESSETH
WHEREAS, Subdivider is the owner of the land included within the proposed plat attached hereto as Exhibit "A"
(hereinafter referred to as the"Area to be Developed"); and,
WHEREAS,the 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 Subdivider has or will create the Uptown Homeowners Association, Inc. comprised of the property
owners of Lots 1-5 and Outlot A;and,
WHEREAS, the parties wish to agree on the method for the installation and allocation of expenses for public
improvements to be constructed in the property.
NOW,THEREFORE, IT IS AGREED AS FOLLOWS:
For the purpose of this Agreement,the following words and phrases shall have the following meanings:
The "cost" or "entire cost" of a type of improvement shall be deemed to include all construction costs, engineering
fees,attorneys'fees,testing expenses,publication costs,financing costs and miscellaneous costs.
SECTION I
Subdivider covenants that Subdivider shall, contemporaneously with the filing of the final plat, present to the City
Clerk for the benefit of the City binding contracts in full force and effect calling for the timely and orderly
installation of the following public improvements, according to the terms of those contracts for the installation of the
improvements set forth herein:
A. Concrete paving 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 ISG ASSOCIATES ,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
ISG ASSOCIATES ,copies of which are attached hereto as Exhibit"C".
C. Storm sewers, inlets,manholes and related appurtenances constructed in streets right-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
ISG ASSOCIATES , copies of which are attached hereto as Exhibit"B".
D. Water and gas distribution mains located within dedicated street rights-of-way dedicated per plat (Exhibit
"A") to be installed by the Metropolitan Utilities District. A contract with MUD will be provided by the
1 Rev. 8/11/2015
Subdivider to the City as soon as available, but in no event longer than four months from the date of the
filing of the Final plat.
E. Street lighting for public streets dedicated per plat(Exhibit"A")to be installed by the Omaha Public Power
District. A contract with OPPD will be provided by the Subdivider to the City as soon as available, but in
no event longer than four months from the date of the filing of the Final plat.
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 by the Subdivider to the City as soon as
available,but in no event longer than four months from the date of the filing of the Final plat.
G. Sidewalks and street trees along both sides of all public streets within the area to be developed shall be
constructed by the Subdivider in conformance with Section 53-9(9)according to the following schedule:
1. Sidewalks and street trees shall be reconstructed immediately abutting built-upon lots as soon as
weather permits.
H. Post-construction stormwater management features and related appurtenances shall be constructed in the
Area to be Developed. The plans and specifications for said stormwater management improvements shall
be submitted to and must be accepted by the City prior to the recording of the final plat.
I. Post-construction stormwater maintenance agreement shall be submitted to and reviewed by the City prior
to the commencement of construction of said improvements. 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 street, sidewalk and street tree construction shall be
paid for privately by the Subdivider,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 for privately by the Subdivider.
C. One hundred percent(100%)of the entire cost of water distribution system serving the area to be developed
shall be paid for privately by the Subdivider..
D. The entire cost of the installation of electrical power service and gas distribution system shall be paid for
privately by the Subdivider.
SECTION III
2 Rev. 8/11/201 5
Subdivider covenants and agrees that the Subdivider will abide by and incorporate into all of its construction
contracts the provisions required by the regulations of the City pertaining to construction of public improvements in
subdivisions and testing procedures therefore.
SECTION IV
In the performance of this Agreement, the Subdivider shall not discriminate against any parties on account of race,
color, creed, political or religious affiliation, sex, marital status, sexual orientation, gender identity, national origin,
age,or disability in violation of federal or state laws or local ordinances.
SECTION V
A. Subject to the conditions and provisions hereinafter specified, the City hereby grants permission to the
Subdivider to connect its sewer system to the sewer system of the City, in such manner and at such place or
places designated on plans submitted by the Subdivider and approved by the City.
B. Upon the completion of any sanitary outfall sewer, if any,built by the Subdivider, the City shall be granted
and they shall accept control and operation of the facility. The Subdivider shall convey by proper legal
instrument all its rights, easements, title, and interest in such Sanitary Outfall Sewer to the City. The form
of acquisition shall be upon approved City forms.
C. Without prior written approval by the City, the Subdivider shall not permit any sewer lines outside the
presently described boundaries to be connected to: The sewer or sewer lines of the subdivision, any sewer
from the subdivision's boundaries to the sewers of the City, any outfall sewer of the City, or any sewage
treatment plant of the City. The City shall have exclusive control over connections to its sewers whether
inside or outside the subdivision. The Subdivider shall not collect charges for such connections.
D. At all times, all sewage from and through said subdivision into the City sewer system shall be in conformity
with the ordinances, regulations, and conditions applicable to sewers and sewage within the City as now
existing and as from time to time may be amended.
E. Before any connection from any premises to the sewer system of the subdivision may be made, a permit
shall be obtained for said premises and its connection from the proper department of the City, which permit
shall be obtainable on the same terms, conditions, and requirements of the City and for the same permit fee
of the City applicable from time to time to permit property outside the City to connect to the sewer system
of the City; it being expressly understood that the City reserves the right to collect all connection charges
and fees as required by City ordinances or rules now or hereafter in force;all such connections shall comply
with minimum standards prescribed by the City.
F. Notwithstanding any other provisions of this Agreement, City retains the right to disconnect the sewer of
any industry, or other sewer user within the area to be developed, which is discharging into the sewer
system in violation of any applicable ordinance, statute,rule or regulation.
G. The Subdivider warrants that it has not employed or retained any company or person, other than a bona fide
employee working for the Subdivider,to solicit or secure this Agreement, and that it has not paid or agreed
to pay any company or person, other than a bona fide employee working for the Subdivider, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from
the award or making of this Agreement. For breach or violation of this warranty, the City shall have the
right to annul this Agreement without liability. The Subdivider shall require the same warranty from each
contractor with whom it contracts in any way pertaining to its sewage system. The prohibition provided for
herein shall not apply to the retention of an attorney or other agent for the purpose of negotiating the
provisions of this Agreement where the existence of such agency has been disclosed to the City.
3 Rev. 8/1 1/2015
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 VII
A. Installation of entrance signs or 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. Outlots. Outlot A shall be reserved for street paving, sewers,and utilities and will be owned and maintained
by the Association.
C. Private Access Easements. The 16.00 Foot wide private access easement across Outlot A as shown on the
plat attached hereto as Exhibit A shall be maintained by the Association.
D. Private Sidewalk Easements. The 4.00 Foot wide sidewalk easement across Lots 1 through 5 as shown on
the plat attached hereto as Exhibit A shall be maintained by the Association.
E. Public Drainage&Utilities Easements. The drainage& utilities easements across Outlot A as shown on the
plat attached hereto as Exhibit A shall be maintained by the Association.
F. No separate administrative entity nor joint venture,among the parties, is deemed created by virtue of the
Subdivision Agreement.
G. The administration of this Subdivision Agreement shall be through the offices of the undersigned officers
for their respective entities.
H. This Subdivision Agreement shall be binding upon the parties,their respective successors and assigns and
runs with the land shown on Exhibit"A".
4 Rev. 8/1 l/2015
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
DEBUT C C Date MAYOR Date
UPTOWN HOMEOWNERS ASSOCIATION
6 -Z/Zs /rb
PRESIDENT Date
APPROVED AS TO FORM
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Subdivider Date -ITY ATTORNEY Date
5 Rev. 8/1 1/2015
On this 25th day of February,2016,before me,a Notary Public in and for said County and State,personally
appeared Steven Held, President of the Uptown Homeowners Association,who executed the above and
acknowledged the execution thereof to be their voluntary act and deed.
GENERAL NOTARY•State of Nebraska
�� I LISA A.NAYLON
NOTARY PUBLIC
••'-^ p•My Comm.Ex Nov.28.2019
,-
My Commission expires 1
On this 25th day of February,2016,before me,a Notary Public in and for said County and State,personally
appeared Steven Held, Manager of Uptown Properties, LLC, a Nebraska limited liability company,who executed the
above and acknowledged the execution thereof to be their voluntary act and deed.
NOTARY PUBLIC ' I
GENERAL NOTARY-State of Nebraska i
My Commission expires \ t
LISA A.NAYLON
My Comm.Exp.Nov.28,2019 I
6 Rev. 8/11/2015
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STEVEN HELD
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CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: r
WHEREAS, Uptown Properties, LLC, a Nebraska limited liability company,proposes to
build a subdivision to be known as 825 Park Avenue(Lots 1-5 and Outlot A),which be located at 825
Park Avenue; and,
WHEREAS, Uptown Properties, LLC, a Nebraska limited liability company, will build
public and private improvements in this subdivision; and..
WHEREAS, Uptown Properties, LLC. a Nebraska limited liability company, has or will
create The Uptown Homeowners Association,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, Uptown Properties, LLC,a
Nebraska limited liability company, and The Uptown Homeowners Association, as recommended by the
Mayor, providing for sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The
Subdivision is to be known as 825 Park Avenue(Lots 1-5 and Outlot A)and is located at 825 Park Avenue.
P:\rah\1390rah.doc APPROVED AS
TO FORM: 7 '
r
'-CITY ATTORNEY DATE
By.C44;4744‘ c00444eYIA‘".
t Councilmember
Adopted J U N 2 ��1 2016
/ : ,. City Clerk
49-)l
Approved.... .�..�,,.. :�...::, ,..
mml��..:� .. '��._.-.1�'....
Mayor
NO. ...PQ
Resolution By
Res. that, the Subdivision Agreement among
the City of Omaha,Uptown Properties,LLC,a
Nebraska limited liability company, and The
Uptown Homeowners Association, as
recommended by the Mayor, providing for
sewer connection to the Omaha Sanitary
Sewer System, is hereby approved. The
Subdivision is to be known as 825 Park
Avenue(Lots 1-5 and Outlot A)and is located
at 825 Park Avenue.
P:\rah\1390rah.doc
•
.7--- V
Presented to City Council
JUN - 72016
eac 06 p an t
47..44„,,/,,,T.,/,, F.
JUN 2 1 2016 - Adopted 7- 0
City Clerk