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RES 2015-1406 - Amendment to subdivision agmt, Copper Valley rr OMAHA'NF8 ''- 1 - ' f ,E Public Works Department rl -i� �416, � � Traffic Engineering Division ck i)t, n November 3, 2015 "rOCT23 : €1 ' 1 Omaha/Douglas Civic Center n® r F1l,�'�i � �� � `� 1819 Farnam Street,Suite 603 17 ..o ro' Omaha,Nebraska 68183 0601 o�ap&o fiEeR'�t4� r �_G \ (402)444-5220 Fax(402)444-5248 City of Omaha `i ! :I , ",I P'{ �4S", g, Robert G. Stubbe,P.E. Jean Stothert,Mayor Public Works Director Honorable President and Members of the City Council, The attached Resolution approves the Amendment to the Subdivision Agreement among Fort 165, LLC,a Nebraska corporation,the Copper Valley Owners Association,and the City of Omaha. This Amendment to the Subdivision Agreement covers the public improvement for Copper Valley(Lot 1 and Outlots A-D), a subdivision located southeast of 168th and Fort Streets. The Amendment to the Subdivision Agreement covers a change in the originally-contemplated schedule for the installation of public improvements associated with the Copper Valley subdivision. The Subdivider has requested this extension, as is their prerogative per Section 53-9 of Omaha Municipal Code. The Subdivider is pursuing an expansion of the subdivision to include adjacent unplatted property, which would change the alignment of the proposed public street. This Amendment would result in a public improvement deadline three years after the approval of the original plat instead of the two years as prescribed by Chapter 53. The Public Works Department requests your consideration and approval of the attached Resolution and Amendment to the Subdivision Agreement. Respectfully submitted, r ( r� et /6 -/5 _ J -y..--..-�— /_Ro ert G. Stubbe, P.E. Date es R. Thele Date Public Works Director OL Planning Director Referred to City Council for Consideration: / q./t - /©l`/ x ,J -�-Ati-- 4;G�1 ? Walt lr‘,---- Elate S/1We Curtiss ate Mayor's Office "P Finance Director P:\rah\1333rah.doc P2012.213.002 AMENDMENT TO "COPPER VALLEY" SUBDIVISION AGREEMENT FOR "COPPER VALLEY (LOT 1 & OUTLOTS A, B, C & D)" THIS AMENDMENT, made and entered into this _ day of eL/zir?d , 2015 by and between FORT 165, LLC (hereinafter referred to as "Subdivider"), COPPER VALLEY OWNERS 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 with 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 within the City's zoning and platting jurisdiction; and, WHEREAS, the area to be developed is a platted and recorded subdivision in Douglas County, Nebraska for which the Subdivider, the Association and the City have previously entered into a Subdivision Agreement (hereinafter referred to as the "Agreement"), adopted by the City Council of the City on February 26, 2013 with Resolution No. 177, setting forth certain condi- tions; and WHEREAS, the parties wish to amend the Agreement as follows. NOW THEREFORE: 1. The subdivider is bound by the Omaha Subdivision Code which states in Section 53-7 (8): The subdivider shall complete installation of the required improvements, in compliance with the street surfacing, sanitary sewer, and storm drainage requirements, within two years after the final plat has been signed the second time by the city engineer. Such period may be extended by the council upon a showing by the developer that lot sales and development do not warrant such installation. The second signature date for the Copper Valley Final Plat was December 31, 2013 and therefore, in accordance with 53-7 the public improvements are to be constructed by December 31, 2015. The subdivider is pursuing an expansion of the Area to be Developed to incorporate adjacent unplatted property which would change the alignment of the proposed public street. The date to complete construction of the public improvements is hereby extended to December 31, 2016. The bond or other surety securing the construction of the public improvements shall be accordingly extended to December 31, 2016. 2. All provisions of the original Agreement are valid and shall remain in effect, 1 P2012.213.002 except for the above Section 1. This Amendment to the Subdivision Agreement shall be binding upon the parties, their respective successors and assigns. 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 L E R AY OR "d O ate COPPER VALLEY OWNERS ASSOCIATION FORT 165, LLC - 2_8 — 2 )(_3— J N CHUDY DATE JO N CHUDY / DATE D CLARANT EMBER APPROVED AS TO FORM f '...,CITY ATTORNEY ACKNOWLEDGEMENT OF NOTARY STATE OF NEBRASKA ) COUNTY OF DOUGLAS) On this 2t v,day of 'W 2015, before me a Notary Public, duly commissioned and qualified in and for said County and State, appeared JOHN CHUDY, Member, FORT165,LLC and Declarant of Copper Valley Owners Association, who is personally known by me to be the identical person whose name is affixed to this Subdivision Agreement, and acknowledged the execution thereof to be his voluntary act and deed as such officer of said Limited Liability Company. TNESS my han and Notarial Seal the day and year last above written. • = GENERAL NOTARY-State of Nebraska Seal _ LESLIE PIERCE N tary Public — My Comm.Exp.May 23,2018 2 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, Fort 165, LLC, a Nebraska corporation, and the City entered into a Subdivision Agreement adopted by the City Council of the City of Omaha via Resolution No. 177 on February 26,2013,which covered the public improvement of Copper Valley(Lot 1 and Outlots A-D), located southeast of 168th and Fort Streets; and, WHEREAS, Fort 165, LLC, a Nebraska corporation, is pursuing an expansion of the subdivision to include adjacent unplatted property,which would result in a change in the alignment of the proposed public street; and, WHEREAS, Fort 165, LLC, a Nebraska corporation, wishes and the parties agree to further adjust the schedule of completion for the installation of the required public improvements by extending the deadline for their installation by one additional year (from December 31, 2015, to December 31, 2016), and the parties wish to agree to the same through this Amendment to the Subdivision Agreement. WHEREAS, an Amendment to the 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 Amendment to the Subdivision Agreement among the City of Omaha,Fort 165,LLC,a Nebraska corporation,and the Copper Valley Owners Association,as recommended by the Mayor, providing for the adjustment of the schedule for the installation of public improvements, is hereby approved. The Subdivision is known as Copper Valley(Lot 1 and Outlots A-D)and is located southeast of 168th and Fort Streets. P:\rah\1334rah.doc APPROY,ED AS TO FORM: .;.2CITY ATTORNEY DATE By ef.'YU A• °L44,*". Councilmember Adopted —3 2015 0 City Clerk Approved:, IAL- Mayor /4 NO. .../..9.06. Resolution By Res. that, the Amendment to the Subdivision Agreement among the City of Omaha, Fort 165, LLC, a Nebraska corporation, and the Copper Valley Owners Association, as recommended by the Mayor,providing for the adjustment of the schedule for the installation of public improvements, is hereby approved. The Subdivision is known as Copper Valley (Lot 1 and Outlots A-D) and is located southeast of 168`h and Fort Streets. P:\rah\]334rah.doc z Presented to City Council NOV - 32015 Adopted o o City Clerk