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RES 2007-0054 - Subdivision agmt, Coventry �° `t 41 Public Works Department 1 t��.'J r` ^ 1819 Far31 Omaha/namglas Civic Street,Suite 601 enter �®.:1i. �!� , Omaha,Nebraska 68183-0601 os' ti i0o 1- 4 (402)444-5220 44 e. 41Wo FEi - Fax(402)444-5248 City of Omaha Robert G.Stubbe,P.E. Mike whey,Mayor Public Works Director Honorable President and Members of the City Council, . The attached Resolution approves the Subdivision Agreement among AVG-CFE Coventry Estates, LLC, AVG-CFM 204Q, LLC, AVG-CFM Coventry Corporate Campus, LLC, the Coventry Homeowners Association, Coventry Business Owners Association, Sanitary and Improvement District (S.&I.D.) 524 of Douglas County, Nebraska and the City of Omaha. This Subdivision Agreement covers the public improvement of Coventry (Lots 1-90 and Outlots A and B), a subdivision located Northwest of 204th and Harrison Streets. . This Subdivision Agreement stipulates which public improvements will be built by S.&.I.D. 524, those which will be paid for by special assessment and those to be paid for by General Obligation of S.&I.D. 524. The estimated total cost of improvements is $7,983,526.00 of which $2,990,094.00 will be paid by General Obligation. S.&I.D. 524 will acquire Lot 90 to be used as a public park in lieu of paying neighborhood park • fees, to be financed per the terms of the agreement. 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 $36,383.00, which may be a general obligation of the district. The City will use this fee to fund additional personnel in the Planning and Public Works Departments to facilitate the processing of developments. If S.&I.D. 524 is annexed by the City, any outstanding General Obligation Debt would be assumed by the City. d Zoning Commissioner(Vice-President,2003). 1996-1999 University of California,Hastings College of the Law,Juris Doctor(1999). Tony Patifo Fellow(full tuition scholarship). Judicial Extern,Hon.Paul Haerle,California Court of Appeal(Spring 1999). West/Northwest Journal of Environmental Law and Policy(1997-1999). Senior Articles Editor, 1998-99;Note:The Myth of a Uniform Federal Law and the Reality of CERCLA,Vol.6,No. 1,Fall 1999. Member,Moot Court Board(1997-99). Teaching Assistant,Appellate Advocacy(Fall 1998),Legal Writing(1997-1998). 1994- 1996 University of California,Berkeley,Master of City Planning(1996). 1987-1991 University of California,Berkeley,Bachelor of Arts in Urban Studies(1991). San Francisco Planning and Urban Research Association is the Transmit side only which is built into the optional weather tight enclosure with an upgraded antenna. For the receive side you have ptions, use your matching laptop with 802.11 wireless ability,or order the optional slide in receiver card with upgraded antenna or the optional pre-configured color processor.Allow for wireless video retrieval from close range(100-800 Ft)with end users compatible computer. 01000 Shipping $100.00 1 $100.00 • ( ON: 1) Subtotal: $46,321.49 Total: $46,321.49 Company Information ontractor's procedures and practices with Disadvantaged Business Disclosure Participation respect to the Protected and/or Disadvantaged Business Form. Exhibit"A" must be submitted with the bid. Enterprise which the Human Relations Department may Bidder must also submit a copy of the written bid from time to time conduct. submitted by the PBE/DBE subcontractor to the Bidder or other verification in writing from the B. PBE/DBE Reporting and Record Keeping Requirements. PBE/DBE subcontractor that said subcontractor has agreed to perform the subcontracting work I. The Contractor shall submit periodic reports of identified in the bid submitted by the Bidder. contracting with Protected and/or Disadvantaged Business Enterprises in such form and manner and at b. If Bidder fails to meet the goals set forth above, such time as prescribed by the City of Omaha (Exhibit Good Faith Efforts Documentation must be "C" is currently required to be submitted within ten submitted with bid. (10) calendar days following the end of each calendar quarter, from the start of the project). c. Also, prior to award of this contract, all Bidders must submit Exhibit "B" Contractor Employment 2. The Contractor and subcontractors shall permit Data Form with the bid. access to their books, records and accounts by the Human Relations Director or a designated d. The Bidder and any of its subcontractors that have representative for purpose of investigation to been designated by the Bidder as PBE and/or DBE ascertain compliance with these specified tracted and telephone numbers of in the contract work. In any case, Exhibits"A" and "B" PBE/DBE's that were contracted; must be submitted with the bid. If the information so (2) A description of the information provided to submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any 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. Z - 7-�� `--- 12- l 5.Ci6 R bert G. Stubbe, P.E. Date t y Steven N. Jense[ , AI P Date Public Works Director Planning Direct. Approved as to Funding: Referred to City Council for Consideration: Carol A. Ebdon Date Mayor's Office Date Finance Director Approved: Steve Scarpell Director Parks, Recreation and Public Property Department P:\P W 1\Stored\1000fmt.doc . Respectfully submitted, Mike Fahey, Mayor City of Omaha P:\LAW 1\7740sap.doc ) e ,mac ,57,G 11/28/2006 SUBDIVISION AGREEMENT COVENTRY LOTS 1 THROUGH 90,>:"it1TLOTS"A"&"B" THIS AGREEMENT made and entered into thisaq day of.Jh.c/NNAzj , 200117by and among AVG-CFM Coventry Estates, LLC,AVG-CFM 204Q, LLC and AVG-CFM Coventry Corporate Campus, LLC, (hereinafter collectively referred to as "Subdivider"), COVENTRY•HOMEOWNERS ASSOCIATION AND COVENTRY BUSINESS OWNERS ASSOCIATION (hereinafter collectively referred to as "Association"), SANITARY AND IMPROVEMENT DISTRICT NO. 524 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 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 that the District will build public improvements in the area to be developed;and, WHEREAS, the area to be developed will be final platted as COVENTRY, Lots 1 through 90 inclusive, Outlot s A and B;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, the Subdivider has or will create COVENTRY Home Owners Association to be initially comprised of the property owners of Lots 1-77, inclusive, of Coventry and COVENTRY BUSINESS OWNERS ASSOCIATION to be initially comprised of Lots 79-89 inclusive;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.Outlot"A"and Outlot"B"are not building sites. C. "Street intersections"shall be construed to mean the area shown on the attached street intersection drawing(Exhibit"B"). D. "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: Page 1of13 to perform the subcontracting work I. The Contractor shall submit periodic reports of identified in the bid submitted by the Bidder. contracting with Protected and/or Disadvantaged Business Enterprises in such form and manner and at b. If Bidder fails to meet the goals set forth above, such time as prescribed by the City of Omaha (Exhibit Good Faith Efforts Documentation must be "C" is currently required to be submitted within ten submitted with bid. (10) calendar days following the end of each calendar quarter, from the start of the project). c. Also, prior to award of this contract, all Bidders must submit Exhibit "B" Contractor Employment 2. The Contractor and subcontractors shall permit Data Form with the bid. access to their books, records and accounts by the Human Relations Director or a designated d. The Bidder and any of its subcontractors that have representative for purpose of investigation to been designated by the Bidder as PBE and/or DBE ascertain compliance with these specified tracted and telephone numbers of in the contract work. In any case, Exhibits"A" and "B" PBE/DBE's that were contracted; must be submitted with the bid. If the information so (2) A description of the information provided to submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any ' , • COVENTRY SUBDIVISION AGREEMENT 11-28-2006 2004277.01 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 plan prepared by E & A Consulting Group, Inc., a copy of which is attached hereto as Exhibit "B". District shall enter into a cost sharing and improvement construction schedule with Douglas County and adjoining Sanitary Improvement Districts if any prior to recording the Final Plat for the grading, paving, culvert and related improvements for"Q" Street adjacent to the Plat and with the State Department of Roads for the improvements to 204th&George B Lake Parkway intersection. 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 layout prepared by E&A Consulting Group,a copy of which is attached hereto as Exhibit"C". C. Storm sewers, inlets, manholes and related appurtenances constructed in 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 plan prepared by E&A Consulting Group, a copy of which is 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. (Contract with MUD will be provided 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. (Contract with OPPD will be provided 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. (Contract with OPPD will be provided as soon as available, but in no event longer than four months from the date of execution of this agreement). G. Sidewalks along both sides of all public streets within the area to be developed shall be constructed by the Subdivider or District according to the following schedule: (1) Sidewalks 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. (2) Sidewalks shall be constructed immediately abutting built-upon lots as soon as weather permits. (3) In any event, all sidewalks shall be constructed upon any public streets adjacent to the plat within three(3)years of the recording of the subdivision plat. (4) Sidewalks shall be installed along the frontage of the project adjacent to "Q" Street with the widening projects. The District shall maintain these sidewalks including snow removal. (5) Sidewalks installed in George B.Lake Parkway shall be 6 feet wide with 4 feet special assessed to the benefited properties and the balance paid for as provided in Section II, M(2)of this agreement.The Association or adjacent property owner shall maintain the 6 foot walk within the Parkway including snow removal. H. A"Park Fee Contribution" chart is attached as part of Exhibit"E"which identifies park fee contributions and construction costs. Acquisition of park land, the cost for permanent easement and park improvements may be a general obligation cost to the District. I. The Subdivider agrees to grade the subdivision so that the elevation at the property line adjacent to"Q" Street shall meet the proposed grade established by the Douglas County Engineer for a five lane section road. Sections shall be submitted to the Douglas County Engineer and elevations certified by E&A Consulting Group prior to recording the Final Plat. If the grading has not been completed by the time the Subdivider wishes to record the plat,the Subdivider may submit a certified check or other suitable financial guarantee to the City to insure completion of the grading within a suitable amount of time. Page 2 of 13 quarter, from the start of the project). c. Also, prior to award of this contract, all Bidders must submit Exhibit "B" Contractor Employment 2. The Contractor and subcontractors shall permit Data Form with the bid. access to their books, records and accounts by the Human Relations Director or a designated d. The Bidder and any of its subcontractors that have representative for purpose of investigation to been designated by the Bidder as PBE and/or DBE ascertain compliance with these specified tracted and telephone numbers of in the contract work. In any case, Exhibits"A" and "B" PBE/DBE's that were contracted; must be submitted with the bid. If the information so (2) A description of the information provided to submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any ' T L COVENTRY SUBDIVISION AGREEMENT 11-28-2006 2004277.01 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 and sidewalk 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 paving, either of which may be a general obligation,as indicated in Exhibit"B". The difference in price between 7" and 8" paving may be a general obligation. The District shall enter an Interlocal Agreement with Douglas County and others for the improvements to 204 Street, and "Q" Street, all of which may be a general obligation of the District. However if the District's Fiscal commitment requires any portion of the 204th or "Q" street improvements to be specially assessed, any reimbursement from Douglas County or others shall be paid to the Subdivider not to exceed the amount that was Specially Assessed plus 7% per annum from the date of any Special Assessment. An executed Interlocal Agreement or approved construction schedule shall be provided prior to recording the final plat. 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. (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. It is anticipated a portion of the Outfall Sewer shown on Exhibit "B" will become part of the interior system of the next phase of this District. The costs of the line that can service these future lots will be Specially Assessed to the benefited lots. (3) 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 Interceptor Sewer installation was approved by City Council on March 29, 2005 with the approval of the Master Plan - Sanitary Interceptor Sewer Element. The Interceptor Sewer shown on Exhibit"C1" is a portion of Link 28 of the City's Master Plan. E&A Consulting Group, Inc. shall design and provide project administration. The estimated construction costs for this project is $291,555.00. E&A Consulting Group, Inc. will design and provide project management for the project. The District will submit monthly statements to the City for the construction work and related soft costs for payment. E&A Consulting Group Inc. fees for this work shall be 20%of the construction costs and 2%for testing and 5%for legal.The City will make payment directly to the District for all contractor and related project vendors expenses from the Interceptor Sewer Fund within 30 days of receipt of recommendation of payment from E&A Consulting Group, Inc. The District shall promptly make payment to the contractor and vendors who have satisfactorily completed work on the project. The total cost of the project is estimated to be $370,274.85. If necessary, the City will use its powers of condemnation to obtain easements for the interceptor sewer. E&A Consulting Group, Inc. shall provide tract drawings and legal drawings and legal descriptions to the City in time to allow the condemnation process. C. The cost of storm sewers and appurtenances may be a general obligation of the District. Page 3 of 13 wishes to record the plat,the Subdivider may submit a certified check or other suitable financial guarantee to the City to insure completion of the grading within a suitable amount of time. Page 2 of 13 quarter, from the start of the project). c. Also, prior to award of this contract, all Bidders must submit Exhibit "B" Contractor Employment 2. The Contractor and subcontractors shall permit Data Form with the bid. access to their books, records and accounts by the Human Relations Director or a designated d. The Bidder and any of its subcontractors that have representative for purpose of investigation to been designated by the Bidder as PBE and/or DBE ascertain compliance with these specified tracted and telephone numbers of in the contract work. In any case, Exhibits"A" and "B" PBE/DBE's that were contracted; must be submitted with the bid. If the information so (2) A description of the information provided to submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any (• COVENTRY SUBDIVISION AGREEMENT 11-28-2006 2004277.01 D. One hundred percent(100%)of the entire cost of the interior water distribution system serving the area to be developed shall be specially assessed against the property benefited within the area to be developed. All costs for exterior Water and gas approach mains may be a general obligation of the District, however if the District's fiscal commitment requires any portion of the costs for exterior water and gas approach mains to be specially assessed, then any refunds or payments from MUD shall be paid to the Subdivider not to exceed the assessed amount plus interest at 7%per annum from the date of any such special assessments. Any additional refunds from MUD shall be credited to the Bond Construction Account of the District. E. 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. F. 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. G. 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. H. Payments for interceptor sewer connection charges to the City of Omaha may, as provided in Section IX herein, be a general obligation of the District. I. No funds of the District are to be used for the installation or maintenance of telephone equipment. J. 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 non-single family or duplex residential lots which shall be specially assessed or paid for privately. K. 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. L. The Sediment and Erosion Control Plan to be submitted to NDEQ and the City of Omaha for compliance with NPDES regulations is attached hereto and incorporated herein as Exhibit "D". PMRNRD 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 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, or 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. (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. Page 4 of 13 r and vendors who have satisfactorily completed work on the project. The total cost of the project is estimated to be $370,274.85. If necessary, the City will use its powers of condemnation to obtain easements for the interceptor sewer. E&A Consulting Group, Inc. shall provide tract drawings and legal drawings and legal descriptions to the City in time to allow the condemnation process. C. The cost of storm sewers and appurtenances may be a general obligation of the District. Page 3 of 13 wishes to record the plat,the Subdivider may submit a certified check or other suitable financial guarantee to the City to insure completion of the grading within a suitable amount of time. Page 2 of 13 quarter, from the start of the project). c. Also, prior to award of this contract, all Bidders must submit Exhibit "B" Contractor Employment 2. The Contractor and subcontractors shall permit Data Form with the bid. access to their books, records and accounts by the Human Relations Director or a designated d. The Bidder and any of its subcontractors that have representative for purpose of investigation to been designated by the Bidder as PBE and/or DBE ascertain compliance with these specified tracted and telephone numbers of in the contract work. In any case, Exhibits"A" and "B" PBE/DBE's that were contracted; must be submitted with the bid. If the information so (2) A description of the information provided to submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any • 1 r i • COVENTRY SUBDIVISION AGREEMENT 11-28-2006 2004277.01 M. A"Park Fee Contribution"chart is attached as part of Exhibit"E"which identifies park fee contributions and construction costs. 100% of the entire cost of neighborhood park improvements, trail improvements, boulevard improvements in excess of local street standards, community park improvements and park land acquisition may be a general obligation of the District. (1). Neighborhood Parks. The District's fee would be$83,073.00. However,when the District's Fiscal Agent approves the District's expenditure of funds, the District will spend $356,008.80 which includes a maximum 20% soft costs for park acquisition of Park #48 (Lot 90), resulting in an excess of $272,935.80 over the fee. The City will reimburse to the District all or part of $256,322.00 (as calculated on Exhibit "E") only as monies become available in the fund and allocated to Park # 48 as shown on the Suburban Parks Master Plan. It is understood by the District and the City that the source of repayment shall be limited to the Park Development Fund (Neighborhood Park) only. The District is not promised payment from the City for any grant, reimbursement or annexation. The District may credit Neighborhood Park Fees for future phases of development against the outstanding balance. Once the Fiscal Agent approves the District's park acquisition expenditure, the Subdivider agrees to sell Lot 90 which contains 8.39 acres of unencumbered land to the District for$296,674.00, and donate the remaining 3.459 acres of encumbered land within Lot 90 to the District, all to be used as a Public Park. (2) Trails and Boulevards. The District's fee would be $61,824.46; however the District is authorized to spend $241,090.00 in landscape, seeding and sidewalk improvements to the George B. Lake Parkway. Since the District is authorized to spend more than the fee that would be due, no Trail/Boulevard Fees are due and the District is entitled to a reimbursement of$154,535.00 as shown on Ex. E attached. The City will reimburse the District per Exhibit "E" only as monies are available in the trails/ blvd. fund and in chronological order of the final plat. It is understood by District and the City that the source of repayment shall be limited to the Park Development Fund (Trails and Boulevards) only. District is not promised payment from the City for any other grant, reimbursement nor annexation. Boulevard Improvements are shown on exhibit "F" attached. The District may credit Trail and Boulevard Fees for future phases of development against the outstanding balance. (2) Community Parks. The District's fee for this Plat(as shown on Exhibit"A") is$80,761.00 and this fee will be paid by the District to the City when the District's current debt ratio is below 10%and the City's Parks and Finance Directors request the payment. N. It is mutually agreed that the District shall pay a fee of one percent(1%)of the construction cost to the City to facilitate the review and processing of developments to include engineering, planning, legal and other miscellaneous expenses incurred by the City, and is estimated to be $36,383.00. The fee shall be paid for all District contracts issued for public improvements. 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, attached hereto as Exhibit"G" unless such project has been contracted for. In such instance, the fee shall be paid on the actual contract amount. Once the projects have been completed and the costs certified by the District's engineers, then the District shall pay any additional monies which are due within thirty(30) days of the engineers cost certificate. The District may receive a refund from the City if the improvement cost, as certified by the District's engineers, 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 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. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. 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 therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any r � COVENTRY SUBDIVISION AGREEMENT 11-28-2006 2004277.01 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 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 therefore. 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. Outlots "A" and "B", inclusive, will not be specially assessed. 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: (a) The amount paid to the contractor. (b) 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 and bond fees. (c) A special itemization of all costs of the District not itemized in (a)and(b)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. Page 6 of 13 ated costs shown on the Source and Use of Funds form, attached hereto as Exhibit"G" unless such project has been contracted for. In such instance, the fee shall be paid on the actual contract amount. Once the projects have been completed and the costs certified by the District's engineers, then the District shall pay any additional monies which are due within thirty(30) days of the engineers cost certificate. The District may receive a refund from the City if the improvement cost, as certified by the District's engineers, 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 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. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. 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 therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any ( ~ 7 COVENTRY SUBDIVISION AGREEMENT 11-28-2006 2004277.01 SECTION VI A. The District agrees to annually levy a minimum ad valorem property tax rate of 88 cents per$100 of taxable valuation for the tax collection years through the year that all district warrants can be paid on a cash basis and/or converted to bonded debt. B. On or about June 1 of each year following the issuance of district bonds, the District's fiscal agent will deliver to the City Finance Director for review and approval, a cash flow projection by year for a fifteen (15) year period. The cash flow projection shall include, but not be limited to, existing and projected taxable valuation, a projected annual debt service levy, existing and projected cash receipts, cash disbursements and available balances in the bond fund and general fund of the District. C. The District's Board of Trustees agrees to adopt tax rate levies sufficient to fund the succeeding years general and bond fund projected obligation as required in the cash flow projections. • D. As the total levy(Bond and General)necessary to support the debt and obligations of the SID for all projects(including deferred Community Park Fees)decreases to below 88 cents per$100 of taxable valuation,the District shall collect the difference(not to exceed 5 cents per$100 of taxable valuation) between the new rate and the original 88 cents. All such tax proceeds shall be paid to the City upon collection and credited to the Arterial Street Improvement Program(ASIP)fund. SECTION VII In the performance of this Agreement, the District shall not discriminate against any parties on account of race, national origin, sex, age, political or religious affiliations in violation of federal or state laws or local ordinances. 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. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. 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 therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any � 1 • COVENTRY SUBDIVISION AGREEMENT 11-28-2006 2004277.01 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. I. 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 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"in conformance with the following: 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. Payment for Construction of Interceptor Sewers. The District shall make payment to the City of Omaha for the fee in the amount of$281,586.59 for the construction of interceptor sewers. This fee is computed as follows for the lots shown on the plat (Exhibit"A"). Lots 1 —77 inclusive, single family units, 77 Lots @$947.00 $72,919.00 Lot 78 is a Church(R7)Lot, 5.897 developed acres See Ex."H" 5.897 acres @$5142.00/acre= 30,322.37 Lot 79 is an MU Lot, 1.175 acres @$5,142.00/acre= 6,041.85 Lot 80 is an MU Lot, 1.378 acres @$5,142.00/acre= 7,085.76 Lot 81 is an MU Lot, 1.561 acres @$5,142.00/acre= 8,026.66 Lot 82 is an MU Lot, 1.483 acres @$5,142.00/acre= 7,625.59 Lot 83 is an MU Lot, 0.881 acres @$5,142.00/acre= 4,530.10 Lot 84 is an MU Lot,0.869 acres @$5,142.00/acre= 4,468.40 Lot 85 is an MU Lot,0.969 acres @$5,142.00/acre= 4,982.60 Lot 86 is an MU Lot, 1.731 acres @$5,142.00/acre= 8,900.80 Lot 87 is an MU Lot,21.041 acres @$5,142.00/acre= 108,192.82 Lot 88 is an MU Lot, 1,713 acres @$5,142.00/acre= 8,808.25 Lot 89 is an MU Lot, 1.883 acres @$5,142.00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. 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 therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any COVENTRY SUBDIVISION AGREEMENT 11-28-2006 2004277.01 LOT 90 WILL BE A PUBLIC PARK AND IS NOT REQUIRED TO PAY THE FEE B. Additional Plats. 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. Special Sewer Connection Fee. 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 IX-A and shall be collected by the District 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) Amount of Special Sewer Connection Fee. The real estate shall be charged the special sewer fee amount as set forth in Section IX-A for each lot or parcel. (2) Time of Collection. The Special Sewer Connection fee shall be collected by the District 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-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 District. (3) Extent of Collection. The Special Sewer Connection fee will be collected by the District on each lot from the date of this Agreement until the District has collected by such payment or through Special Assessment the entire amount paid by the District to the City, as described in Section IX-A. The entire proceeds collected by the District will be used by the District to pay off the warrants or other debts incurred by the District in obtaining the funds paid to the City as required in Section IX-A. D. City Sewer Connection and Sewer Use Fees to be paid. 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, however, the City shall reduce its "Special Connection Fee--Papillion Creek Watershed" for any lot listed in Section IX-A herein, by the amount paid by the District for that lot pursuant to that section and collected by the District from the party for whom the connection is made. E. Issue of Sewer Permit. No sewer permit will be issued by the City for any construction on any lot in the area described in Section IX-A until proof is furnished to the City of payment to the District of the Special Sewer Connection Fee or levy of the Special Assessment for that particular lot as called for in Section IX-A. F. Audit of District's Records. The City shall have access at all times to the District records for the purpose of auditing the accounts pertaining to collection of the Special Sewer Connection Fee. G. Upon execution of this Agreement, the District shall make payment to the City in cash or warrants immediately convertible into cash in the amount as stated in Section IX-A of this Agreement. The City shall accept and-retain such monies to make progress payments for the design, construction and construction supervision for building interceptor sewers. Page 9 of 13 Lot, 1.175 acres @$5,142.00/acre= 6,041.85 Lot 80 is an MU Lot, 1.378 acres @$5,142.00/acre= 7,085.76 Lot 81 is an MU Lot, 1.561 acres @$5,142.00/acre= 8,026.66 Lot 82 is an MU Lot, 1.483 acres @$5,142.00/acre= 7,625.59 Lot 83 is an MU Lot, 0.881 acres @$5,142.00/acre= 4,530.10 Lot 84 is an MU Lot,0.869 acres @$5,142.00/acre= 4,468.40 Lot 85 is an MU Lot,0.969 acres @$5,142.00/acre= 4,982.60 Lot 86 is an MU Lot, 1.731 acres @$5,142.00/acre= 8,900.80 Lot 87 is an MU Lot,21.041 acres @$5,142.00/acre= 108,192.82 Lot 88 is an MU Lot, 1,713 acres @$5,142.00/acre= 8,808.25 Lot 89 is an MU Lot, 1.883 acres @$5,142.00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. 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 therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any COVENTRY SUBDIVISION AGREEMENT 11-28-2006 2004277.01 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. 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. Outlots A and B shall be owned and partially maintained by the Association. Outlots"A"and"B"are drainage ways;public(District/City) maintenance will be limited to cleaning obstacles from within the drainage ways which may be paid from the District's operating fund.The channel of the drainage way may meander out of the boundaries of the outlot,the public has no responsibility to prevent such meandering.All other maintenance of the outlots will be provided by the Association. E. If the Subdivider sells Lot 78 to a Tax Exempt Entity(Church),he shall include in the purchase Agreement an obligation on the buyer to pay the District$450,000.00 IN LIEU OF General Obligation Tax. These monies shall be paid to the District in annual payments over a period of years set forth in the Purchase Agreement.Special assessments shall be levied according to the terms of this Agreement and as provided by law. F. The Subdivider has sold property southwest of"Q"and George B Lake Parkway to a Tax Exempt Entity(Millard Schools). Included in the purchase agreement are obligations for Millard Schools to help reduce the District's General Obligation Debt and to reduce Special assessment debt.The amount of monies are as follows; (1)$102,390.00 IN LIEU OF General Obligation Tax(2)$180,536.00 IN LIEU OF SPECIAL ASSESSMENTS These monies shall be contemporaneously be paid to the District with the recording of the final plat to reduce the debt in these accounts. G. The parking spaces on public right of way as shown on Exhibit"B"shall be maintained including snow removal and crack sealing shall be the responsibility of the Association. H. This Subdivision Agreement shall be binding upon the parties,their respective successors and assigns and runs with the land shown on Exhibit"A". I The Arterial Street Fees as contained in Ordinance 36946 Section 10-313(iii) may be used for the four lane improvements to Q Street, as required by Douglas County.The District will collect the ASIP fee of$5000.00 per acre for the development acres contained in Lots 79 through 89(as shown on Exhibit"I"attached)from developers as they seek building permits for each Lot.The City shall not charge any additional ASIP fee(unless the Ordinance amounts have been raised) and shall require(prior to issuing permits for these lots)a District receipt showing the ASIP fee has been paid to the District. J The City shall request, as a condition to final plat and rezoning approval,that the undeveloped property north of Q Street adjacent to the new Q Street Improvements pay the District 1/3 of total costs as its fair share of the improvements Also the District is installing intersection improvements including a traffic signal at 204th&George B. Lake Parkway.The City shall request as a condition to a final plat and rezoning approval that the undeveloped property east of 204th reimburse the District 50%of the final costs as its fair share of said intersection and signal improvements. K. Metropolitan Utilities District regional water treatment plant located north of Q Street has requested permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs,and maintenance expenses,and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. 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 therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any COVENTRY SUBDIVISION AGREEMENT 11-28-2006 2004277.01 IN WITNESS-WHEREOF, we the executing parties, by our respective duly authorized agents, hereby enter intolhis,Agieernent, effective on the day and year first above written. ATTEST:----i CITY OF OMAHA -1A,.;:i; 1-,....._ -We, LW (-3i I CLF,.RK; Date MAYOR/,‘_ - �r 1311#L- Date ACTING ATTEST: ` • , SID NO. 524 OF DOUGLAS CO., NE SID NO.524, DOUGLAS CO., NE 71 :e d//-44-oe a e.- --- CLERK` ! fDate AIRMAN / Date AVG-CFM COVEN TRY ESTATES, LLC a-i-- -.7 oseph Forest arter., anagi member Dat , . � .'/f Arnold Schlesi , me / Date d/ / Or* D. g S be!Z Date AVG-CFM 204Q, LLC AVG-CFM Coventry Corporate Campus, LLC dir ,� / i 11 z®v6 / I ze aG •oseph Forest Ca .•r,managing m-mber Date .oseph Forest C. er,mana• ng member Date r r hAd WI, , / / "Ai Ill Arnold Sc : '%�-.�•� Date Arnold Sc ?'% -mb:r Wate fArr.. n if DG /> cc' i D. regoryS�rim.-ft' Date I recor' ':tt, 'ember Date COVENTRY HOMEOWNERS ASSOCIATION COVENTRY BUSINESS OWNERS ASSOCIATION /8/( 1 de& /e/, ESIDENT DATE P SIDENT DATE Page 11 of 13 of years set forth in the Purchase Agreement.Special assessments shall be levied according to the terms of this Agreement and as provided by law. F. The Subdivider has sold property southwest of"Q"and George B Lake Parkway to a Tax Exempt Entity(Millard Schools). Included in the purchase agreement are obligations for Millard Schools to help reduce the District's General Obligation Debt and to reduce Special assessment debt.The amount of monies are as follows; (1)$102,390.00 IN LIEU OF General Obligation Tax(2)$180,536.00 IN LIEU OF SPECIAL ASSESSMENTS These monies shall be contemporaneously be paid to the District with the recording of the final plat to reduce the debt in these accounts. G. The parking spaces on public right of way as shown on Exhibit"B"shall be maintained including snow removal and crack sealing shall be the responsibility of the Association. H. This Subdivision Agreement shall be binding upon the parties,their respective successors and assigns and runs with the land shown on Exhibit"A". I The Arterial Street Fees as contained in Ordinance 36946 Section 10-313(iii) may be used for the four lane improvements to Q Street, as required by Douglas County.The District will collect the ASIP fee of$5000.00 per acre for the development acres contained in Lots 79 through 89(as shown on Exhibit"I"attached)from developers as they seek building permits for each Lot.The City shall not charge any additional ASIP fee(unless the Ordinance amounts have been raised) and shall require(prior to issuing permits for these lots)a District receipt showing the ASIP fee has been paid to the District. J The City shall request, as a condition to final plat and rezoning approval,that the undeveloped property north of Q Street adjacent to the new Q Street Improvements pay the District 1/3 of total costs as its fair share of the improvements Also the District is installing intersection improvements including a traffic signal at 204th&George B. Lake Parkway.The City shall request as a condition to a final plat and rezoning approval that the undeveloped property east of 204th reimburse the District 50%of the final costs as its fair share of said intersection and signal improvements. K. Metropolitan Utilities District regional water treatment plant located north of Q Street has requested permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs,and maintenance expenses,and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. 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 therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any COVENTRY SUBDIVISION AGREEMENT 11-28-2006 2004277.01 APPROVED AS TO FORM if'°47 CITY ATTORNEY /02—I- 4Date ACKNOWLEDGEMENT OF NOTARY STATE OF NEBRASKA ) COUNTY OF DOUGLAS ) On this day of f fabittlLk, ,2006, before me a Notary Public,duly commissioned and qualified in and for said County and State, appeared Joseph Forest Carter, managing member, AVG-CFM COVENTRY ESTATES, LLC,AVG-CFM 204Q, LLC and AVG-CFM COVENTRY Corporate Campus,LLC, 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. WITNESS my hand and Notaries Seal the day and year last above written. • Olt . /t1.,i _ .%A•. Seal Nota 'ublic j Myl , mission Expires GI4,a. 31 o6-1 . 1 GENERAL NOTARY-State of Nebraska 0 e trii JESSICA COOPER My Comm.Exp.Jan.31,2007 ACKNOWLEDGEMENT OF NOTARY STATE OF NEBRASKA ) COUNTY OF DOUGLAS ) On this.day of ,2006, before me a Notary Public,duly commissioned and qualified in and for said County,appeared y�tp h reef1'E, C d+- President, COVENTRY HOME OWNERS ASSOCIATION and President'of COVENTRY BUSINESS 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 Home Owners Association. WITNESS my hand and Notaries Seal the day and year last above written. Seal Notary u lic !iiGENERAL NOTARY-State of Nebraska M C mmission Expires JESSICA COOPER •"'t My Comm.Exp.Jan.31,2007 Page 12 of 13 debt.The amount of monies are as follows; (1)$102,390.00 IN LIEU OF General Obligation Tax(2)$180,536.00 IN LIEU OF SPECIAL ASSESSMENTS These monies shall be contemporaneously be paid to the District with the recording of the final plat to reduce the debt in these accounts. G. The parking spaces on public right of way as shown on Exhibit"B"shall be maintained including snow removal and crack sealing shall be the responsibility of the Association. H. This Subdivision Agreement shall be binding upon the parties,their respective successors and assigns and runs with the land shown on Exhibit"A". I The Arterial Street Fees as contained in Ordinance 36946 Section 10-313(iii) may be used for the four lane improvements to Q Street, as required by Douglas County.The District will collect the ASIP fee of$5000.00 per acre for the development acres contained in Lots 79 through 89(as shown on Exhibit"I"attached)from developers as they seek building permits for each Lot.The City shall not charge any additional ASIP fee(unless the Ordinance amounts have been raised) and shall require(prior to issuing permits for these lots)a District receipt showing the ASIP fee has been paid to the District. J The City shall request, as a condition to final plat and rezoning approval,that the undeveloped property north of Q Street adjacent to the new Q Street Improvements pay the District 1/3 of total costs as its fair share of the improvements Also the District is installing intersection improvements including a traffic signal at 204th&George B. Lake Parkway.The City shall request as a condition to a final plat and rezoning approval that the undeveloped property east of 204th reimburse the District 50%of the final costs as its fair share of said intersection and signal improvements. K. Metropolitan Utilities District regional water treatment plant located north of Q Street has requested permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs,and maintenance expenses,and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. 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 therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any COVENTRY SUBDIVISION AGREEMENT 11-28-2006 2004277.01 ACKNOWLEDGEMENT OF NOTARY STATE OF At, i ./ COUNTY /� .'OF ' ) On thi %day of O c b�i�'" ,2006, before me a Notary Public,duly commissioned and qualified in and for said County and State, appeared Arnold Schlesinger, member, AVG-CFM COVENTRY ESTATES, LLC, AVG-CFM 204Q, LLC and AVG-CFM COVENTRY Corporate Campus, LLC, 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. WITNES y nd nd Notaries Seal the day and year last above written. Seal Nota ublic My Commission Expires I eq ✓D �,u/i �, PETER A. GILBERT — .,. .,. - Commission# 1390783 lq Notary Public - California f ccr,:pf,/ Los Angeles County ACKNOWLEDGEMENT OF NOTARY "" '` My Comm.Expires Jan 9,2007 STATE OF C4viti�pr� ) COUNTY OF l.C'S� ) ,/ (,�'� ) On thi (Gj l�/day of G°`e ,2006, before me a Notary Public,duly commissioned and qualified in and for said County and State,appeared D. Gregory Scott,member,AVG-CFM COVENTRY ESTATES, LLC, AVG-CFM 204Q, LLC and AVG-CFM COVENTRY Corporate Campus, LLC, 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. WITNESS my had and Notaries Seal the day and year last above written. Seal Notary blic � My Corni sion Expires ( q 4 `/ . „ � PETER A. GILBERT •, Commission# 1390783 ��, S_3 Notary Public - California t �, '!f Los Angeles County My Comm.Expires Jan 9,2007 • Page 13 of 13 poraneously be paid to the District with the recording of the final plat to reduce the debt in these accounts. G. The parking spaces on public right of way as shown on Exhibit"B"shall be maintained including snow removal and crack sealing shall be the responsibility of the Association. H. This Subdivision Agreement shall be binding upon the parties,their respective successors and assigns and runs with the land shown on Exhibit"A". I The Arterial Street Fees as contained in Ordinance 36946 Section 10-313(iii) may be used for the four lane improvements to Q Street, as required by Douglas County.The District will collect the ASIP fee of$5000.00 per acre for the development acres contained in Lots 79 through 89(as shown on Exhibit"I"attached)from developers as they seek building permits for each Lot.The City shall not charge any additional ASIP fee(unless the Ordinance amounts have been raised) and shall require(prior to issuing permits for these lots)a District receipt showing the ASIP fee has been paid to the District. J The City shall request, as a condition to final plat and rezoning approval,that the undeveloped property north of Q Street adjacent to the new Q Street Improvements pay the District 1/3 of total costs as its fair share of the improvements Also the District is installing intersection improvements including a traffic signal at 204th&George B. Lake Parkway.The City shall request as a condition to a final plat and rezoning approval that the undeveloped property east of 204th reimburse the District 50%of the final costs as its fair share of said intersection and signal improvements. K. Metropolitan Utilities District regional water treatment plant located north of Q Street has requested permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs,and maintenance expenses,and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. 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 therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any I' !lili @" niCCi !i!i@66 Crnniris ' —Z� IMilli iiCataluC@lICCaCCCC CCIiiI % I - ----- ---- ----=mow.-- . Mgi @lCCCCGC_ CCliCl3"' '416 CCCCC1 I e 1u I .WE MO .. ,7 e "II iiIiiiiiIiiiiiIiiiiiiiiiiiiiiiiiiiiiil ....r:''''''<. i ;1I41,111, . 7 At7r111.1 p ili!!l.li:aiiii!@,i!@., i3 ! IS ✓wit/ " FiOi °�e \\ 6i1] rl I ta y C C<C a.CrlCrrCCaaklCkr<!!!-aa le � � S;` \ 1:0:ltiigbir.tikl�5r�9.ai 1 y, 9 lEfgf IiN I i, ll `F ggg+� gg ! y L i °ed11� 1 �.n E 7�R'+e\ I r iiiiiiIiiIIIIIl i ! ✓. '*a \.di ii ill l',i ik,111,ellt,1411141Fillr:At* 4 " ' '''4,':**2"..`44%"--'„....,.,,, i i i m =I- ,. 1, Ilk - ,. S. "" '4-'4'444 _,..,4„„ II&"1'41 iii -17:::--_-. ."/ , ,, .,,,,., -40041 -n-,,,.1:-_,L-1, \.% ,411* Alt , • E yyp g ��� °I! �' �f7,,,t, C„� ,e . 1✓ � .. =� III III\e I�s a4j,1t��`\\ �j° �." `10. °`° _ .© 4 ♦ 'a s. ' Ei;il it tE a 1 ���� \�� Fi7" �"� ���nil , I ,II ,� 1 l / iii: ' , i\ I likr:lifitt iii , - ' -_-- _ L. ,# r 4. III 1 yi, ° 'g 1;. ! } A .`,. ✓ "" ' 1. F k 1- - i g •'piv` EIIq F ° .� %. g \ ill �'` ' ill ✓e� 1811E11M1g1"1 aEEsaiPRIUlil 'i 1101g ,/ Hi, / „ „4„,.. A, § „ql 0 ' I Jp AA,114l III 0 :, ,,,,,_:124.T7.7.`",.. i• / 1.' ;txili§ 21 P'.1 5I .1 II Ii i'I! / / ' >g 2 i4 r / i I° °s \ 4 f!..1,111 $ — 1 o rn 29 ski>. Iti'k c g8Cfs' MR L.` p> r A I E&A CONSULTING GROUP,INC. EXHIBIT"A" I/7 COVENTRY I.B'.S ENGINEERS.PlA7 NERS.SURVEYGRS ... _ FINAL PLAT ONUINA NESRMM xhibit"A". I The Arterial Street Fees as contained in Ordinance 36946 Section 10-313(iii) may be used for the four lane improvements to Q Street, as required by Douglas County.The District will collect the ASIP fee of$5000.00 per acre for the development acres contained in Lots 79 through 89(as shown on Exhibit"I"attached)from developers as they seek building permits for each Lot.The City shall not charge any additional ASIP fee(unless the Ordinance amounts have been raised) and shall require(prior to issuing permits for these lots)a District receipt showing the ASIP fee has been paid to the District. J The City shall request, as a condition to final plat and rezoning approval,that the undeveloped property north of Q Street adjacent to the new Q Street Improvements pay the District 1/3 of total costs as its fair share of the improvements Also the District is installing intersection improvements including a traffic signal at 204th&George B. Lake Parkway.The City shall request as a condition to a final plat and rezoning approval that the undeveloped property east of 204th reimburse the District 50%of the final costs as its fair share of said intersection and signal improvements. K. Metropolitan Utilities District regional water treatment plant located north of Q Street has requested permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs,and maintenance expenses,and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. PROVIDED, HOWEVER, the District may issue warrants for the purpose of paying for repairs, maintenance and operating costs of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any f I I$ g �gl 1 i Vf e 9 t p # t PI P I a # g P "VIM 1 pi g g � i ��dg a � € p a s l ti e ,t• a a Pig k _ qq l gn E �3 e • aafgi i. ;�. �r . ! a gi g 'th 6Ya�� a I 1I`Ee 1a8 1! 3�F 1l�ddiP'�j a da t E i t titiiiiiitiI1IIi, 4J ' Pill I .€agF 6 Foq �$ l I 9 aHi 9 'e Q t $ I/I� t ;hi 411IiHi ' iii' Ilgif 1111t 0 21 t; 41 311 11) a5 d p Q J 3 e�9 I ' !" a IEPE '$ 9nt tt71< EIdbaRat41n $ $ aggJ im de J-7 Jn 7 d4 n da da 1-m ��1 $ $ Y•E 7 '�a � ! Is �� F•E$itE•eEli•t5t6 F_�€•l�1�S3c�5 �1�ge�` �dt�e� � �•a(�a. Iphi -1 ! EBi �j 6� ! § ' Lo•[9SJ 41 a6$di46$$niEn'i•i•dfd it la E•.ig $E E-qaq g6E1 ;Tit a : Vaiir<d!<1<3330$3Fan�taWPIE1$1$11a ■#g �a 1S1a 3$[neE1(S=pi-gm l .a ,' II 8 0 �. n[d PB3�)o_El3n a31 fi. 3n5;. if f f •a.° ne (i t= o dinxd$dfd$di'-dgdr eE.. gl 333 �E'-t.f f� FE ° d 4P gdda�n ll: dd.d= 41 g4z.j( gi+•t Mill g�[ 6 1 71 71 gyp 1 fE F$j 14111gn 4 gg is ilBi $dg/1 0® 4 zi 0 d 4g1tgld 1581E-21 _1 Fg9dgd�dn 414'1d° dggi III!Sggag191 o ; 1 1 Ip° 1 p F ■7l;E•-CE@ e IFily _T 6 lF °U9� (�'�.�'•}101!1 of ;g1ti rl'F 351 • � �9�e ��1e eb•e F 74 � �-� ��i3s•$ t7CC• �79��•�•F�•F�E Q- FFe is Pn^ a Pg3 Sin lii¢N142. n ° J9 3 3R� n d•s• � 1 $ E�- [$rn.E6 an !E Ea J�-� � �� Mfn,�_Bq RR("$$:° � �� � 9 E � � 9 $16 iM•6•5.4ii•�4 1, e:b.d$d�• ig 3$¢'a a 1i2134 1R8� niot PEq Rs: �r 4 9 7T'tr ! H' 6c 5t�r� �3JJd Ena 'IA IEF• °' ]f°•g o4fIf Ei°$ $,a y 3��'i3.I.4.P ei- 1. EJ �.gi, F Q °6gF �g F� d�H3� n nEaEn a &3a Hs E 9 '[ P `/• PF F a It. g$4 81IIn$ d.digIEIEIjg�;1111;01� 1a�tq;1l`16 �1 �g4gg E'1F1s 1 E Ulm �,€ 91P1111'1 Idggg IIII� AR.414 1Ilg1 1 IF4g&1 4ggd- gtd i ii. 6s de!dgd1 I'S I. 2?d��g° t�'gEelag�si3443 FIii! t 9 .. T 7 ESA CONSULTING GROUP,INC. ExHIBR'A Z/Z COVENTRY . ENI SURVEYORS Fa F.Mt FINAL PLAT owwormatiaa 4 36946 Section 10-313(iii) may be used for the four lane improvements to Q Street, as required by Douglas County.The District will collect the ASIP fee of$5000.00 per acre for the development acres contained in Lots 79 through 89(as shown on Exhibit"I"attached)from developers as they seek building permits for each Lot.The City shall not charge any additional ASIP fee(unless the Ordinance amounts have been raised) and shall require(prior to issuing permits for these lots)a District receipt showing the ASIP fee has been paid to the District. J The City shall request, as a condition to final plat and rezoning approval,that the undeveloped property north of Q Street adjacent to the new Q Street Improvements pay the District 1/3 of total costs as its fair share of the improvements Also the District is installing intersection improvements including a traffic signal at 204th&George B. Lake Parkway.The City shall request as a condition to a final plat and rezoning approval that the undeveloped property east of 204th reimburse the District 50%of the final costs as its fair share of said intersection and signal improvements. K. Metropolitan Utilities District regional water treatment plant located north of Q Street has requested permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs,and maintenance expenses,and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. PROVIDED, HOWEVER, the District may issue warrants for the purpose of paying for repairs, maintenance and operating costs of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any , 1 1 I 1111 4) - - .'t .-,,,,, 2 ilir . li - 'gift.1:11401Pia ' ' ::''' '''''''''N''''',S,,, 0 1 EV .11 .1 1 i ,1* iiii _ • .11 . , ::; \\1/4, ei II- 1 kkk \\W.," "041111k #AI-',-- -,..‹,,,,,,,,,-; off. iiij !If i 1 , d If 4 ..? --,$.„;,---....._____:..„_____,41 , i 1 0 in.r—c— .. _ _J--,% ) i1 \� r jf i i Neil_ 1 I I I I�f1 Irk./ i.I� /�� Il4 \\ ?tI 1 jji i 11 Ill ' III 1 %/ , 'fI' : 11/ 7 I 1 LIf i _____ . i , , I .1:)* I cn Vi I I. N ffi EP Raw Mmm DM , em ® ^- e�;a E&A CONSULTING GROUP,INC. ....% •I.U. EXHIBIT'B' COVENTRY ENGINEERING•PLANNING•FIELD SERVICES PAVING AND STORM SEWER OW"HEIPA mxwmnnNsmm aa+u,xe ea RO 1.0105 7 $.116P103.39111 B.I a i d 4P gdda�n ll: dd.d= 41 g4z.j( gi+•t Mill g�[ 6 1 71 71 gyp 1 fE F$j 14111gn 4 gg is ilBi $dg/1 0® 4 zi 0 d 4g1tgld 1581E-21 _1 Fg9dgd�dn 414'1d° dggi III!Sggag191 o ; 1 1 Ip° 1 p F ■7l;E•-CE@ e IFily _T 6 lF °U9� (�'�.�'•}101!1 of ;g1ti rl'F 351 • � �9�e ��1e eb•e F 74 � �-� ��i3s•$ t7CC• �79��•�•F�•F�E Q- FFe is Pn^ a Pg3 Sin lii¢N142. n ° J9 3 3R� n d•s• � 1 $ E�- [$rn.E6 an !E Ea J�-� � �� Mfn,�_Bq RR("$$:° � �� � 9 E � � 9 $16 iM•6•5.4ii•�4 1, e:b.d$d�• ig 3$¢'a a 1i2134 1R8� niot PEq Rs: �r 4 9 7T'tr ! H' 6c 5t�r� �3JJd Ena 'IA IEF• °' ]f°•g o4fIf Ei°$ $,a y 3��'i3.I.4.P ei- 1. EJ �.gi, F Q °6gF �g F� d�H3� n nEaEn a &3a Hs E 9 '[ P `/• PF F a It. g$4 81IIn$ d.digIEIEIjg�;1111;01� 1a�tq;1l`16 �1 �g4gg E'1F1s 1 E Ulm �,€ 91P1111'1 Idggg IIII� AR.414 1Ilg1 1 IF4g&1 4ggd- gtd i ii. 6s de!dgd1 I'S I. 2?d��g° t�'gEelag�si3443 FIii! t 9 .. T 7 ESA CONSULTING GROUP,INC. ExHIBR'A Z/Z COVENTRY . ENI SURVEYORS Fa F.Mt FINAL PLAT owwormatiaa 4 36946 Section 10-313(iii) may be used for the four lane improvements to Q Street, as required by Douglas County.The District will collect the ASIP fee of$5000.00 per acre for the development acres contained in Lots 79 through 89(as shown on Exhibit"I"attached)from developers as they seek building permits for each Lot.The City shall not charge any additional ASIP fee(unless the Ordinance amounts have been raised) and shall require(prior to issuing permits for these lots)a District receipt showing the ASIP fee has been paid to the District. J The City shall request, as a condition to final plat and rezoning approval,that the undeveloped property north of Q Street adjacent to the new Q Street Improvements pay the District 1/3 of total costs as its fair share of the improvements Also the District is installing intersection improvements including a traffic signal at 204th&George B. Lake Parkway.The City shall request as a condition to a final plat and rezoning approval that the undeveloped property east of 204th reimburse the District 50%of the final costs as its fair share of said intersection and signal improvements. K. Metropolitan Utilities District regional water treatment plant located north of Q Street has requested permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs,and maintenance expenses,and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. 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 therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any II I I I I I — :\rI _ I i . 4** • 11- °oe v• • Ali...s---:,s... . �!18 II' 1111 � 0 �� • • � # "i 1• � 1111 .1 SOS fIi 1 •o 411k/ ‘‘,, \ . 40, i . , i I"ij , , r, ...._ i" ,�' , !I„',,,p111Iml.', .1 NI�i t 3..„, I ,J. III „, . . I�`% • i i .11, ' ,111 ! k1 1,, i ,1. i 9 i II j , i --- � m�ser.� a II m � MM. il IIP o, N 1 i Ni R ooK onto= ® na• ei;a E&A CONSULTING GROUP,INC. .1.P.. ' EXHIBIT'C' COVENTRY ENGINEERING•PLANNING•FIELD SERVICES D..°r co SANITARY SEWER a. OWN He NISI r•� 10.110. nnclaprs.nc r tic •.•1 • I PA mxwmnnNsmm aa+u,xe ea RO 1.0105 7 $.116P103.39111 B.I a i d 4P gdda�n ll: dd.d= 41 g4z.j( gi+•t Mill g�[ 6 1 71 71 gyp 1 fE F$j 14111gn 4 gg is ilBi $dg/1 0® 4 zi 0 d 4g1tgld 1581E-21 _1 Fg9dgd�dn 414'1d° dggi III!Sggag191 o ; 1 1 Ip° 1 p F ■7l;E•-CE@ e IFily _T 6 lF °U9� (�'�.�'•}101!1 of ;g1ti rl'F 351 • � �9�e ��1e eb•e F 74 � �-� ��i3s•$ t7CC• �79��•�•F�•F�E Q- FFe is Pn^ a Pg3 Sin lii¢N142. n ° J9 3 3R� n d•s• � 1 $ E�- [$rn.E6 an !E Ea J�-� � �� Mfn,�_Bq RR("$$:° � �� � 9 E � � 9 $16 iM•6•5.4ii•�4 1, e:b.d$d�• ig 3$¢'a a 1i2134 1R8� niot PEq Rs: �r 4 9 7T'tr ! H' 6c 5t�r� �3JJd Ena 'IA IEF• °' ]f°•g o4fIf Ei°$ $,a y 3��'i3.I.4.P ei- 1. EJ �.gi, F Q °6gF �g F� d�H3� n nEaEn a &3a Hs E 9 '[ P `/• PF F a It. g$4 81IIn$ d.digIEIEIjg�;1111;01� 1a�tq;1l`16 �1 �g4gg E'1F1s 1 E Ulm �,€ 91P1111'1 Idggg IIII� AR.414 1Ilg1 1 IF4g&1 4ggd- gtd i ii. 6s de!dgd1 I'S I. 2?d��g° t�'gEelag�si3443 FIii! t 9 .. T 7 ESA CONSULTING GROUP,INC. ExHIBR'A Z/Z COVENTRY . ENI SURVEYORS Fa F.Mt FINAL PLAT owwormatiaa 4 36946 Section 10-313(iii) may be used for the four lane improvements to Q Street, as required by Douglas County.The District will collect the ASIP fee of$5000.00 per acre for the development acres contained in Lots 79 through 89(as shown on Exhibit"I"attached)from developers as they seek building permits for each Lot.The City shall not charge any additional ASIP fee(unless the Ordinance amounts have been raised) and shall require(prior to issuing permits for these lots)a District receipt showing the ASIP fee has been paid to the District. J The City shall request, as a condition to final plat and rezoning approval,that the undeveloped property north of Q Street adjacent to the new Q Street Improvements pay the District 1/3 of total costs as its fair share of the improvements Also the District is installing intersection improvements including a traffic signal at 204th&George B. Lake Parkway.The City shall request as a condition to a final plat and rezoning approval that the undeveloped property east of 204th reimburse the District 50%of the final costs as its fair share of said intersection and signal improvements. K. Metropolitan Utilities District regional water treatment plant located north of Q Street has requested permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs,and maintenance expenses,and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. PROVIDED, HOWEVER, the District may issue warrants for the purpose of paying for repairs, maintenance and operating costs of the District, such warrants to be paid out of funds obtained by the District through its general fund tax levy, or where allowed by law, may be paid from special assessments or fees or charges. Maintenance, repair and reconstruction of a public improvement shall not be a general obligation of the District nor shall construction warrants be issued therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any 1 ,,Ili F!, 1 00 0 p,. ; 1 '$‘ . L ' .0_4,0k- -,. !-: ` 11111 \ '- • ..tevnv, .// $1i a ` 0 , s1 1p , 0000 .0 ;. # `, \ f itp, j 1 �' 1 t r- S HSTAEEr.,W..6 P I, e\ e • 1 \ a 9 T�J ``. e, -•• I 1 \ t-I--I`-1---II a __ � ` _ i t a et ( r . l ram? 1-1I11,1II,,1c21i._ t'-* m �.. ,— �.�. •y ,:Lo�l t r�, ♦ C �-; 1 00 rrI y\ „ _t -'_7 __-.__5:zf,.-‘,:i,,,,;--.--;-1N filLl•°j I-j",-ri . . 1' ' -1:& ✓i g_j • —Z P.P. > M ® ..• e� E&A CONSULTING GROUP,INC. °i°i°°� � EXHIBIT eC-1' COVENTRY ;aENGINEERING•PLANNING•FIELD SERVICES °onBx .O0. SANITARY INTERCEPTOR SEWER u,n.xno.r Ndntd p,yyxew.v ...IM45 M NIE MS . nuEIIPpMe rum M69, •.d. of , wdwapMM RO 1.0105 7 $.116P103.39111 B.I a i d 4P gdda�n ll: dd.d= 41 g4z.j( gi+•t Mill g�[ 6 1 71 71 gyp 1 fE F$j 14111gn 4 gg is ilBi $dg/1 0® 4 zi 0 d 4g1tgld 1581E-21 _1 Fg9dgd�dn 414'1d° dggi III!Sggag191 o ; 1 1 Ip° 1 p F ■7l;E•-CE@ e IFily _T 6 lF °U9� (�'�.�'•}101!1 of ;g1ti rl'F 351 • � �9�e ��1e eb•e F 74 � �-� ��i3s•$ t7CC• �79��•�•F�•F�E Q- FFe is Pn^ a Pg3 Sin lii¢N142. n ° J9 3 3R� n d•s• � 1 $ E�- [$rn.E6 an !E Ea J�-� � �� Mfn,�_Bq RR("$$:° � �� � 9 E � � 9 $16 iM•6•5.4ii•�4 1, e:b.d$d�• ig 3$¢'a a 1i2134 1R8� niot PEq Rs: �r 4 9 7T'tr ! H' 6c 5t�r� �3JJd Ena 'IA IEF• °' ]f°•g o4fIf Ei°$ $,a y 3��'i3.I.4.P ei- 1. EJ �.gi, F Q °6gF �g F� d�H3� n nEaEn a &3a Hs E 9 '[ P `/• PF F a It. g$4 81IIn$ d.digIEIEIjg�;1111;01� 1a�tq;1l`16 �1 �g4gg E'1F1s 1 E Ulm �,€ 91P1111'1 Idggg IIII� AR.414 1Ilg1 1 IF4g&1 4ggd- gtd i ii. 6s de!dgd1 I'S I. 2?d��g° t�'gEelag�si3443 FIii! t 9 .. T 7 ESA CONSULTING GROUP,INC. ExHIBR'A Z/Z COVENTRY . ENI SURVEYORS Fa F.Mt FINAL PLAT owwormatiaa 4 36946 Section 10-313(iii) may be used for the four lane improvements to Q Street, as required by Douglas County.The District will collect the ASIP fee of$5000.00 per acre for the development acres contained in Lots 79 through 89(as shown on Exhibit"I"attached)from developers as they seek building permits for each Lot.The City shall not charge any additional ASIP fee(unless the Ordinance amounts have been raised) and shall require(prior to issuing permits for these lots)a District receipt showing the ASIP fee has been paid to the District. J The City shall request, as a condition to final plat and rezoning approval,that the undeveloped property north of Q Street adjacent to the new Q Street Improvements pay the District 1/3 of total costs as its fair share of the improvements Also the District is installing intersection improvements including a traffic signal at 204th&George B. Lake Parkway.The City shall request as a condition to a final plat and rezoning approval that the undeveloped property east of 204th reimburse the District 50%of the final costs as its fair share of said intersection and signal improvements. K. Metropolitan Utilities District regional water treatment plant located north of Q Street has requested permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs,and maintenance expenses,and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. 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 therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any • • ,;- -ram • � ;• * !' ` EgE7�lnZ' ~ ♦ SI II 4 - i r � f '\` (r ) G • I S �I' 11� , I i `` 11 ` r"e N 3 R v ' �il r I�" 1 ' '� -Jar 7 p t/ l I . S 1 1,, ;4 I . ; \ i s 1,��' "` ,,,, 1 If: t! r & 1 / S gr3 a i >t iia ri..di 5 i�,l 'I / 1`\ 1� / 1 1 l,l, 4�F •u�lr �mq• "i'.m n'� _ B d 6 �{ � I •t,,,,./1` "S \\\\; _ / + , F,sa . p,i3�`Wg fir, ', .. r / r'(`�j • flfl 8 Q - . 4n I - • - iC f 1 ill 1 ,iAs..- 0.`",'4'.0 s, ),‘•'- , . ,,,C• --'-‘ss•,'- ,,t„'"-. ,- AIF ' ' ..0-4 .,„,, . , ip.,,,fillig,44 -, „, .., " - ;a„ r ra a %a ,t,,,k,,,\;„,„-......4 , __ „,. •°•'-al"4",,X4144„ .•,..'17"Ek\—.. ...--.18.-' ' `. 'Ea \k. "I �' ! r' k rig l' a,1 ,,, .,_ ,....-, , .Nt,k0.4,,k4,,,, ,.. ..„,,,4/ ,1 / • l',1 i /I�7,.�(ji��'Jyi r/'' ., L,%, • ''5'.l y :µ ' �$`Y.0 1, i C�\� ,�\t•1� �, 164 zsit j 111 !' • ,.•ll•�I``_�= j▪ y.�▪ • 1(,7 fl/I I Il I ��!��/il ; iF' Y� i. 'li N€'?� � \� �/�'A//�� '-_ 'l i, �; �Z3 / _ _ ,- `:/ice'-"-'3 t;il▪ r/i/ � ;.I I i,:4„;, Y� 2:'-/'r I,,./ r4,4114 <s., ;� s r; •1-1?\S ,t 5r1(;:If1 1fF, r_.4Y� �t- Pp• � ;`\\ �` ; - is � f.. Y'" ��r� , ,11,4t.....,�9. ' ,.1 I ,ts t.' ,.,,•%,....te-,..'-, „ .e..---1- , ,rx,_• _„at_ __„,-- --„,,i0-..--)---0 p.,,,; oa.,,,,-- ,...-4 •,.:,„0-0.•-•-gVcm...„.7,1--,„..,41 NI-___„-----,1,-,,\ ',. da r:, 4:;$ 7{ l '/ ' f \' &1+' , ,�,,,�b *;�,' Syr � s ^�..-'� ',Wiz' 1� � �'���'� ,'. .�. 4d�/`� �v BL'�:�'��fl��. ,as*aii ---- _t.,,"T ':-...y'v•�>� •t'' � _ -+fir'.3.�49 �7.2. 1 �`� :r R /�,li a'°', • 'r t.. 3 rya ' fi�� ILei ,�. �`1 't' 0¢,' •4`hv� .. yaM .,, :ffiCt'!Iik.€af e4 V..1 1j`' \�41: '' dt - } '� +)l/ ,' I•- llha e'`l ''•"R- , '' i- (Tit ,1,/ -- - `''' ,. N 'l�'. hDsRF A•... 1 ^�'.1 3 1 1 '- t0 \,r R\ -,:-&, ,.. ,.......,. v1.0,,,,44, to.„"1440,71,711,, . -....---; , ‘, ss -1 c '-"i a,-. •-. tea. •I FS '1 'r. \\\ ' 'ti'n !.: f it y, � ,.014, kx 3'._ 65-- ; ! ' `i�( �( \ ,�i.`_ \' n5`iLa L �'� x'Ak. ,. �1,•ft 4��yy,��'� �Sjr _ \ .,y.�u \ ,1, hI\� \ r� '' ' Safi.` '"' _„- 4\ ti'1 �.a�r��. r t;g``^ . 4 7„. i i ,J \t,_^` '` •a$=) VI tr_ Ar �JT" '�-,i~,' �" a 4 7 •.�.; . ,._\' \ `I N. kk -4----z-,-\--\' ,,,,,,:t.„,,t.:;,:!..7.,..„,,..,„%i.:-.ilityi--10- %,.....'t-4,-,,,-‘z..,,,,A---;,.,„..„hz,,,, ,,,„. ..,_,.... ,,, ,..., ,,.,„*.....,,„„_--..-:, . �, '-Fri$ 3TD b t;`,�'� �\ ♦\ /7!'i' i i irk /� _ '"_▪ \ ���\� \� '. t_'\c �^�;_-"'�__ \ . \\ :w �\,.\'-'_-'-- - /r/// i�/ ugh \`.•::\�.\ \ +.'' v. , l`., @ • It • 9 • ,. e P E&A CONSULTING GROUP,INC. da.lsrCOVENTRY e�-a. . EXHIBIT'D` ENGINEERING•PLANNING FIELD SERNCES a**. C* GRMNGAFoEROSIGNCINIROL• K��aum - - - 1.0.11144. *sire Mo. >m OMmr./maxr owu•Im.a I,ue,.ml rcKa.s� equested permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs,and maintenance expenses,and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. 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 therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any 1 • 'S&ID 524(Coventry,Lots 1-90) EXHIBIT"E" Park#48 Total Acres(1) 135.27 PARK FEE CONTRIBUTION DATED: 9/1/06 Residential Acres 83.49 Commercial Acres 51.78 The District agrees to contribute as a General obligation the following monies for park,boulevard and trail purposes: Neighbor- Trails/Blvd. Community hood Parks Parks Commercial/Industrial zoned property per acre NA $ 857 $ 897 Residential zoned property/acre $ 995 $ 209 $ 411 Commercial/Industrial Gross Park Fee Trails/Blvd. 51.78 acres at $857 = $ 44,375.46 Gross Park Fee Community 51.78 acres at $897 = $ 46,446.66 Residential Gross Park Fee Neighborhood 83.49 acres at $995 =I $83,073 Gross Park Fee Trails/Blvd. 83.49 acres at $209 = $17,449 Gross Park Fee Community 83.49 acres at $411 = $ 34,314.39 Credit(Hard Cost of Neighborhood Park Improvement Future Phase) Earthwork 1 LS @ $15,000 $15,000 Tot lot - LS @ $0 $0 Park Shelter - LS @ $0 $0 Landscaping&Seeding 1 LS @ $39,100 $39,100 Pedestrian Bridge 1 LS @ $60,000 $60,000 Round Rail Fence - LF @ $0 $0 Concrete Trail 17,940 SF @ $3.25 $58.305 Hard Cost,Neighborhood Park Improve.= $ 172,405 $ - Credit(Hard Cost of Neighborhood Park Acquisition) Neighborhood Park Land Acquisition 6.17 AC @ $35,000.00 $216,090 3.45 AC @ $0.00 2.22 AC @ $36,250.00 $80,584 ($296,674) Hard Cost,Land Acquisition= $0 $0 Credit(Hard Cost of Trail/Boulevard Improvements) Boulevard Landscaping&Seeding 1 LS @ $172,207 $172,207 Hard Cost,Trail/Blvd.= $172,207 ($172,207) Credit(Hard Cost of Acquisition for Trail/Boulevard) Blvd.Right-of-Way Over 65' Ac.@ $0 $0 Credit(Hard Cost of Acqusition for Community Park Site) 0.00 Ac.@ $ - $0 0.00 Ac.@ $ - $0 0.00 Ac.@ $ 10. - $0 $0 SUBTOTAL(FEES DUE LESS HARD COST CREDITS) $ (213,601) $ (110,382) $ 80,761 Credit(Soft Cost of Neighborhood Park Improvements $0 @ 40% = $0 $ - Credit(Soft Cost of Neighborhood Park Acquisition $213,601 @ 20% = $42,720 (42,720) Credit(Soft Cost of Trail/Blvd.Improvements $ 110,382 @ 40% = $44,153 ($44,153) Credit(Soft Cost of Trail/Blvd.Acquisition $0 @ 20% = $0 $ - TOTAL FEE DUE OR(CREDIT)TO BE INCLUDED(NOTE 4) $ (256,322) $ (154,535) $ 80,761 IN SUBDIVISION AGREEMENT See Note 7 Note(1)All ground within the plat shall be included in one of the two categories listed above. For Religious Assembly,School and Golf Courses calculate as residential area. Note(2)If Hard Costs for Construction exceed the Parks orTrails fees a reimbursement will be made of the excess amount paid up to 40%for Construction costs and up to 20%for acquisition. Note(3)Community park fees will be paid by the District to the City when the District's current debt ratio is below 10%and the Citys Parks and Finance Directors request the payment. Note(4) Neighborhood and/or Trails/Blvd fees shall be paid prior to recording the plat;if reimbursement is required from the City fund,it will be reimbursed to the S&I.D.as monies are available in the fund and in chronological order of the final plat approval. Note(5)Soft costs for acquisition include finance,legal,and necessaary survey costs. Note(6)Soft costs for improvements include Finance,Legal,Design and Project Administration. Note(7)Assume$105,710.00 of future residential areas outside of Preliminary Plat to provide reimbursement. sted permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs,and maintenance expenses,and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. 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 therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any +4- 1i i; 3 till/"FkI P i a w vs III o I , / 11 j. i .... mi i('i. III 1 � fqoea:fr +, I II r „--1f/ ^ f\ .' ✓ � o ® _\Y boa 9P• � I t l e i r � /� ` .._:> r•y I I. a m as C3 ii i i tl i..... -1 ° f \` q�, I. "!t './I ®o a Go '. i---'-'",i li-- j ^/• i.�..,,`` ��l i... ,J (. ;i i,il p-O ,r tit l, l "•'r: \ /`^ // / . r„^ i x i� / ,� II Ii �-�"y 3 1 + \ 1. �.,�,,,,` a Q.v a 11 a r' r I,i ,/" \`. \ i _ /, �. 1///,'" \ i^--. F W; �4pa !p i/I { la r \+. \` ' ,,. '!i/ ,-,------it. ` �^j ° , ; / `j"�.. !Mr,:r„,,,:,....illotixit'Axr, - rr /J F F,`,tea � �� r •\•\ . j+ ,�1 '1;,----, f \ ...1 - \`,`�` °+ 'r p e :44 ram' .\ \ / 1,i /i/ '1- \(�...\\ I �- _1_- •.I,`lj li ij l \= ® \\ lil �f:.:�„l"i/1;q�jl y r-- .--_l�(i..,_-� r\ \ l' it i I! 'i' r® 11. % t y V.-',."."",t \'_' \ I S,\ \\ /�4 /\r, \/ / � II l 11 Iii J ` 1 i!ill ;, i ° ); \ / < I I'; ,1, °EA /_� \,z _ 0 �"y"ys. ),,;:...^.cz_c_::� „:_.._..t: .. '\x �'' i' iiI it ill / / .._ <<� /'''` ----s-'-•ill t ;i..... . i it:,Il $y. 1 ° \„)• l i;1 ''" ,Ili d 1, ; \ i� �` F li 11 r 11, r i I1 i j1 • \ + !.\ i Y;}::.:............._.:�:' jam, ; s I, 1 , I;,.tea ' 11 ,i 'i 11 El I i; i�.. '''`mi 1111 �� / l -i-f-l\ . / 11 s z r , 11l: ,I�a i `'fi /l ``` ,'1 '1jiiI'i 1- a \ a' T / _— ii /;. I \I: I ° . ' 16 , jj 1` ,y r /_< I• 1 i' fy ,`J /r i; ; 5 i 1 T r 1 1 1 ' ',VT—ell. s 1 1!� y I i I I III gz // _.......__...._ i - i� L 1 fix 4,4 if \, pa c �© 4.',:;Off`\'\\,, 1, a V o I I1�fa©aF , 0001 1 ti . _Z • S ���� 4)• i • ° • i' .., \ \900-.4 0 y ' •r e4%a E&A CONSULTING GROUP,INC. EXHIBIT'F' COVENTRY OETROG•PLWMYO•Flfi°SERVICES... p°ne�um MRIT'BIEMS ENG Pyolie ..., ..e••et roe .n�mb s current debt ratio is below 10%and the Citys Parks and Finance Directors request the payment. Note(4) Neighborhood and/or Trails/Blvd fees shall be paid prior to recording the plat;if reimbursement is required from the City fund,it will be reimbursed to the S&I.D.as monies are available in the fund and in chronological order of the final plat approval. Note(5)Soft costs for acquisition include finance,legal,and necessaary survey costs. Note(6)Soft costs for improvements include Finance,Legal,Design and Project Administration. Note(7)Assume$105,710.00 of future residential areas outside of Preliminary Plat to provide reimbursement. sted permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs,and maintenance expenses,and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. 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 therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any Ornaha,City.Planning Department #2004277.01 For Office Use Only APPLICATION Date Filed Fee SUBDIVISION PLAT Receipt# Case# Name of Addition COVENTRY(PHASE ONE) SID# 524 ( )Preliminary ( )Revised Preliminary (X)Final Property Owner (SEE ATTACHED SHEET (Name) (Address) (Zip) (Phone) • Applicant CFM REALTY 500 DOUGLAS BUILDING OMAHA,NE 6810: 932-2000 (Name) (Address) (Zip) (Phone) Engineer E&A Consulting Group,330 No. 117th Street,Omaha,NE 68137 895-4700 (Name) (Address) (Zip) (Phone) Contact Person Gene Spence gspenceaeacq.com General Location/Address SW CORNER OF 204th AND Q STREETS ************************************************************************************************************************ Total Area 135.343 (acres) Total Lots 92 Existing Zoning AG Projected Total Taxable Valuation $ 80,300,000 Development Plans: Residential Office/Commercial Value/Price Lot#'s Zoning Total Lots Acres (No.of Units) (Square Feet) (w/Improvements) 1-77 R4 77 28.992 77 $475,000/Unit 79-89 MU 11 34.684 N.A.. 327000 $125/so.ft.&,$175/so.ft. 78 R7 1 18.878 N.A. $125/so.ft. 90(Park) DR 1 11.953 N.A. OUTLOTS"A"."B" DR 9 13.159 N.A. RIGHT OF WAY 27.677 Total 99 135.343 77 327000 Yes No Pending A homeowner's association is to be formed. If yes,attach copies of covenants. _ X Exceptions to the standard form subdivision agreement are proposed. If yes,attach a statement of changes. X Waivers to design standards,improvements or plat certifications are proposed. If yes, attach a request letter. X This subdivision will be processed as a series of phased final plats. If yes,include phase boundaries on the preliminary plat. Changes in boundaries will require a revised preliminary. If you have any questions about this application form or submission dates,please contact the Current Planning Division at 444-5200. Owner's signature Applicant signature (If not the property owner,the applicant certifies with this signature to be the authorized agent of the property owner.) September 11,2006 • Date submitted (Print or Type name of Applicant) EXHIBIT G PAGE 1/2 5 i 1 T r 1 1 1 ' ',VT—ell. s 1 1!� y I i I I III gz // _.......__...._ i - i� L 1 fix 4,4 if \, pa c �© 4.',:;Off`\'\\,, 1, a V o I I1�fa©aF , 0001 1 ti . _Z • S ���� 4)• i • ° • i' .., \ \900-.4 0 y ' •r e4%a E&A CONSULTING GROUP,INC. EXHIBIT'F' COVENTRY OETROG•PLWMYO•Flfi°SERVICES... p°ne�um MRIT'BIEMS ENG Pyolie ..., ..e••et roe .n�mb s current debt ratio is below 10%and the Citys Parks and Finance Directors request the payment. Note(4) Neighborhood and/or Trails/Blvd fees shall be paid prior to recording the plat;if reimbursement is required from the City fund,it will be reimbursed to the S&I.D.as monies are available in the fund and in chronological order of the final plat approval. Note(5)Soft costs for acquisition include finance,legal,and necessaary survey costs. Note(6)Soft costs for improvements include Finance,Legal,Design and Project Administration. Note(7)Assume$105,710.00 of future residential areas outside of Preliminary Plat to provide reimbursement. sted permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs,and maintenance expenses,and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. 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 therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any Z > >p' m yD.rD. D D D. p D D D �:0' m r 73 • D m- n' m• m -1. F. X, T., Z Z.• :4-= 70 v o c. - D; 0, • ' KO 6 • 0 o W Z. ( � 0, m, m' r D n' -I' 'BE n O, Z% a7 c .. -t. p _ m. o O 73 X. _ C m4 D . r m 1� Cri -I g < -• s. Dr U -1 o= -I m• m w I. m- o. O to - nn D K 07.. Z 6m Zo < mm f m o m CO < o- • ; Z o F'Fe'' Z. ' , -{ nt G . -) D 0 --I Z o,3. o- o 4-, n fn T' m"< m M �,. ? coo m 2 � N -mj m , O O. .• 5' -, m •• - bi m, aN ZI •cO ° c-, D 0tn o• O to r ' 7' -G iD 0 0 O. - . CD', Z Q. Cr) y =to O o to oT j o m. • N (71 y - -n t1 : rr ' Z°Z • O AOIV � 1J0. t0 A O N T' rrrrrr N W (3 Q) V N A r i r 4a • 4 _ W O W O N A•1 O O A V N - N co • r C7l r r 8 1 [''' 0006 3 rh't -O0 WNO�° r[ocnVO ra,T.C o r . r A to CO ' CO A CO W O 01 43.3 r (.4, 03 CO' o'co { r r I I r. r. [ [ .. . N.p ao • V A m m r 14-, .. N ' w ,OA m n Z.p) O ' V N r toN 1 O w � m m_ z �'o WW to C 1-- o .N rico(' �.G)• V O '� CND O A (WTI FaN'col 'o ' ° N A A ° I r r r ° O r m Z r EA v+ Z Z i o m:0 4w r'..-.. m et'i, Arc," r w w :>13 !i • 63 v N O NW VD W r ' [9O 01 rri ' :o .V WO-., v c, om 0 0 0 o rn Z IV v E&A CONSULTING GROUP,INC. EXHIBIT'F' COVENTRY OETROG•PLWMYO•Flfi°SERVICES... p°ne�um MRIT'BIEMS ENG Pyolie ..., ..e••et roe .n�mb s current debt ratio is below 10%and the Citys Parks and Finance Directors request the payment. Note(4) Neighborhood and/or Trails/Blvd fees shall be paid prior to recording the plat;if reimbursement is required from the City fund,it will be reimbursed to the S&I.D.as monies are available in the fund and in chronological order of the final plat approval. Note(5)Soft costs for acquisition include finance,legal,and necessaary survey costs. Note(6)Soft costs for improvements include Finance,Legal,Design and Project Administration. Note(7)Assume$105,710.00 of future residential areas outside of Preliminary Plat to provide reimbursement. sted permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs,and maintenance expenses,and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. 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 therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any I I OF „F a. I ril pAY III I~ 9 III g g �\ 11 g _ � `y` _`�' it = v B{ �� ( III n I 1 .11 —____— m I ' if4,11, ,II *°. ' IIi I i'I II III III IiI II 4 1110 III N II v\ ) �II� I 11 I '•. l I I • I • • C.v := S�� m Z� 13 n ill r A I FO I 2 a § S e—Z a ""� m E&A CONSULTING GROUP,INC. wq.an, war EXH IBIT'H' COVENTRY e,• ENGINEERING•PLANNING•FIELD SERVICES us On...., Mr LOT 7B•MITERCEPTOR FEE ��an'Qa CALCULATION AREA °"� "A Da MORIN mom.aawv.,•,nr Owl , a I ,a,w.«•mn • O AOIV � 1J0. t0 A O N T' rrrrrr N W (3 Q) V N A r i r 4a • 4 _ W O W O N A•1 O O A V N - N co • r C7l r r 8 1 [''' 0006 3 rh't -O0 WNO�° r[ocnVO ra,T.C o r . r A to CO ' CO A CO W O 01 43.3 r (.4, 03 CO' o'co { r r I I r. r. [ [ .. . N.p ao • V A m m r 14-, .. N ' w ,OA m n Z.p) O ' V N r toN 1 O w � m m_ z �'o WW to C 1-- o .N rico(' �.G)• V O '� CND O A (WTI FaN'col 'o ' ° N A A ° I r r r ° O r m Z r EA v+ Z Z i o m:0 4w r'..-.. m et'i, Arc," r w w :>13 !i • 63 v N O NW VD W r ' [9O 01 rri ' :o .V WO-., v c, om 0 0 0 o rn Z IV v E&A CONSULTING GROUP,INC. EXHIBIT'F' COVENTRY OETROG•PLWMYO•Flfi°SERVICES... p°ne�um MRIT'BIEMS ENG Pyolie ..., ..e••et roe .n�mb s current debt ratio is below 10%and the Citys Parks and Finance Directors request the payment. Note(4) Neighborhood and/or Trails/Blvd fees shall be paid prior to recording the plat;if reimbursement is required from the City fund,it will be reimbursed to the S&I.D.as monies are available in the fund and in chronological order of the final plat approval. Note(5)Soft costs for acquisition include finance,legal,and necessaary survey costs. Note(6)Soft costs for improvements include Finance,Legal,Design and Project Administration. Note(7)Assume$105,710.00 of future residential areas outside of Preliminary Plat to provide reimbursement. sted permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs,and maintenance expenses,and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. 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 therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any 1 ARTERIAL STREET IMPROVEMENT PROJECT(ASIP) FUND CALCULATION - EXHIBIT I COVENTRY, SID 524 1/19/2007 Fee per Lot Number Total Platted Acres Development Acres Development ASIP Fee Acre 79 1.175 0.990 $5,000 $4,950 80 1.378 1.270 $5,000 $6,350 81 1.561 1.561 $5,000 $7,805 82 1.483 1.346 $5,000 $6,730 83 0.881 0.605 $5,000 $3,025 84 0.869 0.764 $5,000 $3,820 85 0.969 0.745 $5,000 $3,725 86 1.731 1.614 $5,000 $8,070 87 21.041 15.764 $5,000 $78,820 88 1.713 1.666 $5,000 $8,330 89 1.883 1.524 $5,000 $7,620 SUM 34.684 27.849 - $139,245 K:\Projects12004\277\p01\General\SUBDIVISION AGREEMENT\Exhibit I-ASIP Calc-000.xls C-25A CITY OF OMAHA • LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, AVG-CFE Coventry Estates, LLC, AVG-CFM 204Q, LLC, and AVG-CFM Coventry Corporate Campus, LLC proposes to build a subdivision to be known as Coventry (Lots 1-90 and Outlots A and B) which will be located Northwest of 204th and Harrison Streets; and, WHEREAS, Sanitary and Improvement District (S.&I.D.) 524 will build public and private improvements in this subdivision; and, WHEREAS, AVG-CF'E Coventry Estates, LLC, AVG-CFM 204Q, LLC, AVG- CFM Coventry Corporate Campus, LLC and S.&I.D. 524 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. 524 agrees to pay $281,586.59 as a sewer connection fee to be used for the construction of the sewers in the Papillion Creek Watershed; and, WHEREAS, S.&I.D. 524 agrees to pay $36,383.00 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, AVG-CF'E Coventry Estates, LLC, AVG-CFM 204Q, LLC, and AVG-CFM Coventry Corporate Campus, LLC has or will create the Coventry Homeowners Association and Coventry Business Owners Association, who will be responsible for identified ongoing maintenance as contained in the Agreement; and, By Councilmember Adopted City Clerk Approved Mayor W O 01 43.3 r (.4, 03 CO' o'co { r r I I r. r. [ [ .. . N.p ao • V A m m r 14-, .. N ' w ,OA m n Z.p) O ' V N r toN 1 O w � m m_ z �'o WW to C 1-- o .N rico(' �.G)• V O '� CND O A (WTI FaN'col 'o ' ° N A A ° I r r r ° O r m Z r EA v+ Z Z i o m:0 4w r'..-.. m et'i, Arc," r w w :>13 !i • 63 v N O NW VD W r ' [9O 01 rri ' :o .V WO-., v c, om 0 0 0 o rn Z IV v E&A CONSULTING GROUP,INC. EXHIBIT'F' COVENTRY OETROG•PLWMYO•Flfi°SERVICES... p°ne�um MRIT'BIEMS ENG Pyolie ..., ..e••et roe .n�mb s current debt ratio is below 10%and the Citys Parks and Finance Directors request the payment. Note(4) Neighborhood and/or Trails/Blvd fees shall be paid prior to recording the plat;if reimbursement is required from the City fund,it will be reimbursed to the S&I.D.as monies are available in the fund and in chronological order of the final plat approval. Note(5)Soft costs for acquisition include finance,legal,and necessaary survey costs. Note(6)Soft costs for improvements include Finance,Legal,Design and Project Administration. Note(7)Assume$105,710.00 of future residential areas outside of Preliminary Plat to provide reimbursement. sted permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs,and maintenance expenses,and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. 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 therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any MOTION BY COUNCILMEMBER I hereby move that Council Document No. 511 , Current Series, be amended in the whole by deleting page 10, Exhibit G and Exhibit I in their entirety and substituting in lieu thereof the attached. APPROVED AS TO FORM: l,. 7 CITY ATTORNEY DATE P:\PW 1\15018pjm.doc 1.378 1.270 $5,000 $6,350 81 1.561 1.561 $5,000 $7,805 82 1.483 1.346 $5,000 $6,730 83 0.881 0.605 $5,000 $3,025 84 0.869 0.764 $5,000 $3,820 85 0.969 0.745 $5,000 $3,725 86 1.731 1.614 $5,000 $8,070 87 21.041 15.764 $5,000 $78,820 88 1.713 1.666 $5,000 $8,330 89 1.883 1.524 $5,000 $7,620 SUM 34.684 27.849 - $139,245 K:\Projects12004\277\p01\General\SUBDIVISION AGREEMENT\Exhibit I-ASIP Calc-000.xls COVENTRY SUBDIVISION AGREEMENT 11-28-2006 2004277.01 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. 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. Outlots A and B shall be owned and partially maintained by the Association. Outlots"A"and"B"are drainage ways; public(District/City) maintenance will be limited to cleaning obstacles from within the drainage ways which may be paid from the District's operating fund. The channel of the drainage way may meander out of the boundaries of the outlot, the public has no responsibility to prevent such meandering.All other maintenance of the outlots will be provided by the Association. E. If the Subdivider sells Lot 78 to a Tax Exempt Entity(Church), he shall include in the purchase Agreement an obligation on the buyer to pay the District$450,000.00 IN LIEU OF General Obligation Tax. These monies shall be paid to the District in annual payments over a period of years set forth in the Purchase Agreement.Special assessments shall be levied according to the terms of this Agreement and as provided by law. F. The Subdivider has sold property southwest of"Q"and George B Lake Parkway to a Tax Exempt Entity(Millard Schools). Included in the purchase agreement are obligations for Millard Schools to help reduce the District's General Obligation Debt and to reduce Special assessment debt.The amount of monies are as follows; (1)$102,390.00 IN LIEU OF General Obligation Tax(2)$180,536.00 IN LIEU OF SPECIAL ASSESSMENTS These monies shall be contemporaneously be paid to the District with the recording of the final plat to reduce the debt in these accounts. G. The parking spaces on public right of way as shown on Exhibit"B" shall be maintained including snow removal and crack sealing shall be the responsibility of the Association. • H. This Subdivision Agreement shall be binding upon the parties,their respective successors and assigns and runs with the land shown on Exhibit"A". The Arterial Street Fees as contained in Ordinance 36946 Section 10-313(iii) may be used for the four lane improvements to Q Street, as required by Douglas County.The District will collect the ASIP fee of$5000.00 per acre for the development acres contained in Lots 79 through 89(as shown on Exhibit"I"attached)from developers as they seek building permits for each Lot.The City shall not charge any additional ASIP fee(unless the Ordinance amounts have been raised) and shall require(prior to issuing permits for these lots)a District receipt showing the ASIP fee has been paid to the District. J The City shall request, as a condition to final plat and rezoning approval,that the undeveloped property north of Q Street adjacent to the new Q Street Improvements pay the District 1/3 of total costs as its fair share of the improvements Also the District is installing intersection improvements including a traffic signal at 204th& George B. Lake Parkway.The City shall request as a condition to a final plat and rezoning approval that the undeveloped property east of 204th reimburse the District 50%of the final costs as its fair share of said intersection and signal improvements. K. Metropolitan Utilities District regional water treatment plant located north of Q Street has requested permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs, and maintenance • expenses, and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. 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 therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any t,, N Z 06 O 'OV m M O (OD O CD CD O N N. ILLIV N 0 o� n N O m to n CD m N M 1"'" Q n M D) O) M Cn O n w M co n u-, a (n CD C n (D ID N M M CD CO W Q w ri Z 03 a 0 ri Z 1 •Co . a OIT] Ea W O a p W C) N M 1.1 - J ciuO M I-- CDN Co < - o. nO ,) 8,,, i i i CD � N CV" Nrnm O2 Z W e»U 0 a CD F- m . oI. o n c`Oo J W v to `� W co " 1 d W O O O < 0 i i i i i , r iti N in >-- M ca d h- L 0 u) j i i i i i 1 1 i (ft J O (D MO O O O I O 1D 0, Nn () C) a 0') O a O O (O D) D) N. W CO n O ri CO CO CD 0 0 0 a cD V n O) f a a a 0-)- F MMODtD CO % aa '-cow NI O a O0 i i _ a a I- O COw F- w U c 4n ER O N m CD N )D O O O M (D n a co O O O o� a )D O O ClCO N O M O 0), M (p N M a CD n O CD M a N n O m O l`•) Z (D W lD n N CO O N O a m n O a o N O) CD CD CD M N n N V co CO D O a N to N O I- D O x W O o N N n Z a) <o O a) N C U zI`zi m U. N W MI 0 J C __ } J y a a N oo N z C a. z (0r 0 O0 rn O aC D O ( C0 N c 3 N CD ''- I- 0 m N d Cl' zz a W P- a_ ' C COLLNR c 'm O Z U N 2 W N H W o = m w ` '0 -C u_ a) cn 0 a CC w a m E co ce c o z N - O CO o E z O oQ r W dco c F2 F Z co ( Z ` WLU Z oco 7 will 0 . tY LL1 - Q N nrn~ 0co O O W a) W rn 0 z CO2 - F' co 2 i% F- < D r X - H WW0 - • Wz <C Z 0 0 [n > (o 0 co W F- H m a ' W Z W On mU I- - Q N0 H Z U l Z Q > 0J 2 Z O a OTo O O a U a J F- W W 0 W J 0 g a F_ Z Z Y Y U a O Cl)E 0 a z > > W z Q I-<C < W z F- F- z a - can a a o U a as I- co Cao w z O s requested permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs, and maintenance • expenses, and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. 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 therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any ARTERIAL STREET IMPROVEMENT PROJECT(ASIP) FUND CALCULATION - EXHIBIT I COVENTRY, SID 524 1/1.9/2007 Fee per Lot Number Total Platted Acres Development Acres Development ASIP Fee Acre 79 1.175 0.990 $5,000 $4,950 80 1.378 1.270 $5,000 $6,350 81 1.561 1.561 $5,000 $7,805 82 1.483 1.346 $5,000 $6,730 83 0.881 0.605 $5,000 $3,025 84 0.869 0.764 $5,000 $3,820 85 0.969 0.745 $5,000 $3,725 86 1.731 1.614 $5,000 $8,070 87 21.041 15.764 $5,000 $78,820 88 1.713 1.666 $5,000 $8,330 89 1.883 1.524 $5,000 $7,620 SUM 34.684 27.849 - $139,245 • K:\Projects\2004\277\p01\General\SUBDIVISION AGREEMENT\Exhibit I-ASIP Calc-000.xls NT\Exhibit I-ASIP Calc-000.xls CD c) Wco c CCD 0 o d . 00 CD ' n CD • C� G7 co ro d o o • . (A $4,950 80 1.378 1.270 $5,000 $6,350 81 1.561 1.561 $5,000 $7,805 82 1.483 1.346 $5,000 $6,730 83 0.881 0.605 $5,000 $3,025 84 0.869 0.764 $5,000 $3,820 85 0.969 0.745 $5,000 $3,725 86 1.731 1.614 $5,000 $8,070 87 21.041 15.764 $5,000 $78,820 88 1.713 1.666 $5,000 $8,330 89 1.883 1.524 $5,000 $7,620 SUM 34.684 27.849 - $139,245 • K:\Projects\2004\277\p01\General\SUBDIVISION AGREEMENT\Exhibit I-ASIP Calc-000.xls NT\Exhibit I-ASIP Calc-000.xls C-25A w CITY OF OMAHA a LEGISLATIVE CHAMBER Omaha,Nebraska PAGE-2- 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 j CITY OF OMAHA: THAT, the Subdivision Agreement among the City of Omaha, AVG-CIE Coventry Estates, LLC, AVG-CFM 204Q, LLC, AVG-CFM Coventry Corporate Campus, LLC, the Coventry Homeowners Association, Coventry Business Owners Association and Sanitary and Improvement District 524 of Douglas County, Nebraska, as recommended by the Mayor, providing for the public improvements, Neighborhood Park acquisition, 1% administrative fee and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Coventry (Lots 1-90 and Outlots A and B) and is located Northwest of 204th and Harrison Streets. APPROVED AS TO FORM: ._..-- /— 67 CITY ATTORNEY DATE P:\PW 1\16852maf.doc By /094..),44. Councilmember Ado ted JAN 3_Q 2007 4ts4iz �—v P 4 J ity Clerk Approved,... oe.."t C ,7 ` ' ` ' ' ,,. ACTING Mayor n O ri CO CO CD 0 0 0 a cD V n O) f a a a 0-)- F MMODtD CO % aa '-cow NI O a O0 i i _ a a I- O COw F- w U c 4n ER O N m CD N )D O O O M (D n a co O O O o� a )D O O ClCO N O M O 0), M (p N M a CD n O CD M a N n O m O l`•) Z (D W lD n N CO O N O a m n O a o N O) CD CD CD M N n N V co CO D O a N to N O I- D O x W O o N N n Z a) <o O a) N C U zI`zi m U. N W MI 0 J C __ } J y a a N oo N z C a. z (0r 0 O0 rn O aC D O ( C0 N c 3 N CD ''- I- 0 m N d Cl' zz a W P- a_ ' C COLLNR c 'm O Z U N 2 W N H W o = m w ` '0 -C u_ a) cn 0 a CC w a m E co ce c o z N - O CO o E z O oQ r W dco c F2 F Z co ( Z ` WLU Z oco 7 will 0 . tY LL1 - Q N nrn~ 0co O O W a) W rn 0 z CO2 - F' co 2 i% F- < D r X - H WW0 - • Wz <C Z 0 0 [n > (o 0 co W F- H m a ' W Z W On mU I- - Q N0 H Z U l Z Q > 0J 2 Z O a OTo O O a U a J F- W W 0 W J 0 g a F_ Z Z Y Y U a O Cl)E 0 a z > > W z Q I-<C < W z F- F- z a - can a a o U a as I- co Cao w z O s requested permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs, and maintenance • expenses, and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. 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 therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any 1. 4z ° , ¢ c 0 , O OC� 4) o C CN -e y CT � ca., " co . .,-. C p, A,• (-) r"CA CD CD O CD rl ') O Z ,� � c CD c' o' er a °� C� nO � O �S_ rh a o' ' Q. Cl.. o o< 1 Uhl\6 z O ° �' ,_, CJv) < n0 yap a. Z { \ �` 1 Q. 0 0 via °CD .-, /C� S. (�( N n N �' Q' Q N v ,.0 n n = Ct 1� Y O 'ems �C �C O `7y CLr V C7 . p Q g.. a O 4 0 (r 1\ a O ¢ tci CpA� V- VCD OxN r 0(-)-k. co iv n PD C CM r. cn p ,--. P-i. .C14'< o Al On Pc 5CI CD14 . O r N 5 x' O . )-s �' = O 5 r00s n 0-s = O ,.... CD tC O. s7 U4 A' s UQ i 67 CITY ATTORNEY DATE P:\PW 1\16852maf.doc By /094..),44. Councilmember Ado ted JAN 3_Q 2007 4ts4iz �—v P 4 J ity Clerk Approved,... oe.."t C ,7 ` ' ` ' ' ,,. ACTING Mayor n O ri CO CO CD 0 0 0 a cD V n O) f a a a 0-)- F MMODtD CO % aa '-cow NI O a O0 i i _ a a I- O COw F- w U c 4n ER O N m CD N )D O O O M (D n a co O O O o� a )D O O ClCO N O M O 0), M (p N M a CD n O CD M a N n O m O l`•) Z (D W lD n N CO O N O a m n O a o N O) CD CD CD M N n N V co CO D O a N to N O I- D O x W O o N N n Z a) <o O a) N C U zI`zi m U. N W MI 0 J C __ } J y a a N oo N z C a. z (0r 0 O0 rn O aC D O ( C0 N c 3 N CD ''- I- 0 m N d Cl' zz a W P- a_ ' C COLLNR c 'm O Z U N 2 W N H W o = m w ` '0 -C u_ a) cn 0 a CC w a m E co ce c o z N - O CO o E z O oQ r W dco c F2 F Z co ( Z ` WLU Z oco 7 will 0 . tY LL1 - Q N nrn~ 0co O O W a) W rn 0 z CO2 - F' co 2 i% F- < D r X - H WW0 - • Wz <C Z 0 0 [n > (o 0 co W F- H m a ' W Z W On mU I- - Q N0 H Z U l Z Q > 0J 2 Z O a OTo O O a U a J F- W W 0 W J 0 g a F_ Z Z Y Y U a O Cl)E 0 a z > > W z Q I-<C < W z F- F- z a - can a a o U a as I- co Cao w z O s requested permission to connect to the District's sanitary sewer system; This will be allowed, providing MUD pays its fair share of the District's construction costs, and maintenance • expenses, and pays the City fees and permits, Page 10 of 13 . 1 00/acre= 9,682.39 Total= $281,586.59 Page 8 of 13 is discharging into the sewer system in violation of any applicable ordinance,statute, rule or regulation. Page 7 of 13 Agreement, but not for any other purpose. Storm Warning Sirens, purchase or installation, are not to be a general obligation of the District or payable over more than two (2) years from installation. 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 therefore without the prior written approval of the City Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. Page 5 of 13 submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed; and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any