RES 2022-1051 - Lake Cunningham Village (Lots 169-252 and Outlots M-R) - Subdivision Agreement
Rev. 7/1/2021 2
SECTION I
Subdivider and District shall construct and install all items stated in this Section, and perform all other duties listed in
this section. Subdivider and District shall, contemporaneously with the filing of the final plat, present to the City
Clerk for the benefit of the City binding contracts in full force and effect calling for the timely and orderly installation
of the following public improvements, according to the terms of those contracts. Subdivider and 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 in
this section:
A. Concrete paving of all streets dedicated, per the plat (Exhibit "A"), all of said paving to be twenty-five (25)
feet in width, except for those streets with a width greater than twenty-five (25) feet, which streets shall be
extra-width paving, if any (approved by the Public Works Department), as shown on paving plans prepared
by FoleyShald Engineering, LLC, copies of which are attached hereto as Exhibit "B".
B. All sanitary sewer mains, manholes and related appurtenances constructed in dedicated street rights-of-way
and easements, per plat (Exhibit "A"), same to be located as shown on sanitary sewer layouts prepared by
FoleyShald Engineering, LLC, copies of which are attached hereto as Exhibit "C".
C. Storm sewers, inlets, manholes and related appurtenances constructed in streets right-of-way and easements,
per plat (Exhibit “A”), plans and specifications for said sewer improvements to be approved by City prior to
starting construction of said improvements to be located as shown on storm sewer plans to be prepared by
FoleyShald Engineering, LLC, copies of which are attached hereto as Exhibit “B”.
D. Water and gas distribution mains located within dedicated street rights-of-way dedicated per plat (Exhibit
“A”) to be installed by the Metropolitan Utilities District. A contract with MUD will be provided to the City
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. A contract with OPPD will be provided to the City 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. A contract with OPPD will be provided to the City as soon as available, but in no
event longer than four months from the date of execution of this agreement.
G. Sidewalks and street trees along both sides of all public streets within the area to be developed shall be
constructed by the Subdivider or District in conformance with Section 53-9 (9), and with Section 55-924
(where applicable), according to the following schedule:
1. Curb ramps shall be constructed per City standards at all public street intersections. Construction
of these ramps shall be included in the street paving project, but shall not take place until after all
conflicting utilities have been installed. The cost for these ramps may be a general obligation
expense.
2. Sidewalks shall be constructed along all street frontages for all outlots as part of the initial public
improvement projects. The cost for these sidewalks shall be specially assessed or paid for privately,
except for sidewalks fronting outlots to be owned by the District, the cost for which may be a general
obligation expense.
3. Sidewalks and street trees 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.
4. Sidewalks and street trees shall be constructed immediately abutting built-upon lots as soon as
weather permits.
5. In any event, all sidewalks and street trees shall be constructed upon any public streets adjacent to
the plat within three (3) years of the recording of the subdivision plat.
6. Sidewalks shall be constructed by the District along the subdivision’s arterial street frontage of State
Street.
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H. State Street shall be widened at the 93rd Street entrance to provide left turn lanes. District is authorized to
enter into an interlocal agreement with adjacent SID’s and Douglas County for sharing of costs of these
improvements. An executed copy of this agreement shall be provided to the City prior to recording the final
plat.
I. The Subdivider has graded the subdivision so that the elevation at the property line adjacent to State Street
and 96th Street to meet the proposed grade established by the Douglas County Engineer.
J. Post-construction stormwater management features and related appurtenances shall be constructed in right-
of-way and outlots, per plat (Exhibit “A”). The plans and specifications for said stormwater management
improvements shall be submitted to and must be accepted by the City prior to starting construction of said
improvements. Said improvements shall be located as shown on the post-construction stormwater
management plans to be prepared by FoleyShald Engineering, LLC, copies of which are attached hereto as
Exhibit “H” and are subject to the approval of the City. The City has assigned a project number of OMA--
20190121-4841-P to these plans.
K. Post-construction stormwater maintenance agreement shall be submitted to and reviewed by the City prior to
the commencement of construction of said improvements, and shall comply with the requirements attached
hereto as Exhibit “I”. The maintenance agreement shall delineate the responsibilities of the District and of
the Association and shall be subject to the approval of the City. The maintenance agreement must include
language to control when post-construction stormwater features are constructed, and differentiate between
the requirements of construction site stormwater runoff controls and post-construction controls. The post-
construction stormwater features shall not be installed until such time as they will not be negatively impacted
by construction site runoff. Maintenance actions identified as private, to be performed by the association,
property owner, or other private entity shall run with the land and become the responsibility of any successors,
assigns or future owners, as appropriate.
L. The District shall participate in the grading and construction of improvements at the intersection of 96th and
State Streets (hereinafter referred to as "Intersection Improvements"), as shown on Exhibit "B-2" attached
hereto. The District shall fund its prorata share of the Intersection Improvements collectively with 1) other
sanitary and improvement districts (if any) adjacent to the intersection, 2) Douglas County, and 3) any other
parties who may or are required to participate. The construction of the Intersection Improvements shall
commence at the earlier of either (i) the point in time that these parties are able to collectively fund the
Intersection Improvements (as determined for the District after considering the advice/analysis of the
District’s municipal/financial advisor), and (ii) the point in time when the City determines that such
improvements are reasonably necessary due to the fact that the City’s promotion of public health, safety, and
welfare is negatively impacted as a direct result of the condition of such intersection and the additional
grading/construction of such intersection would likely mitigate said negative impact or prevent said negative
impact from reoccurring; provided, however, that in the event that the City determines that such
improvements are reasonably necessary but not all of the S&IDs adjacent to the intersection have the capacity
to fully fund their prorata share for the Intersection Improvements, then the construction shall still commence
as soon as practicable following the negotiation and execution of an interlocal cooperation agreement among
the County and the S&IDs (or other parties) to memorialize the parties’ respective payment/reimbursement
obligations. The City shall make a good faith effort to, if and to the extent legally permissible, practical and
appropriate, in the City’s sole discretion, include as a condition of subdivision approval of the adjacent
property a requirement for the subdivider of the adjacent property or other responsible party to the subdivision
agreement for the adjacent property to fund its prorata share of such Intersection Improvements.
Notwithstanding anything herein to the contrary, in no event shall the District be obligated to pay its prorata
share of the Intersection Improvements until such time as the District’s municipal/financial advisor
determines that such payment/reimbursement arrangement is fiscally responsible. Any delay of
payment/reimbursement shall be reasonable under the totality of District’s circumstances and shall not constitute
a relief of District’s payment/reimbursement responsibility and shall not require the District’s total combined ad
valorem property tax levy (both general and bond fund levies) to exceed 90 cents per $100 taxable
valuation. Until such time as the Intersection Improvements are constructed or the District can demonstrate that
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it has the funding capacity to fund its prorata share of the Intersection Improvements the total combined ad
valorem property tax levy (both general and bond fund levies) of the District shall remain at a minimum of 90
cents per $100 taxable valuation. Any such demonstration of funding capacity by the District shall require the
approval of the City in writing pursuant to an Amendment to this Agreement, which approval shall not be
unreasonably withheld, conditioned, or denied by the City and it is understood and agreed that the City may, as
part of such analysis, consider the financial condition and ability of the other participating districts to contribute
their respective prorata share of the Intersection Improvements and that the City could reasonably withhold such
consent in the event that the City determines that the financial condition and ability of the other participating
districts to contribute their respective prorata share of the Intersection Improvements requires that the District
keep its levy at 90 cents per $100 taxable valuation in order to allow the District to contribute more than its prorata
share of the Intersection Improvements in the short term (with reimbursement from one (1) or more of the other
participating districts). Notwithstanding the foregoing, the District shall be allowed to make an equitable
adjustment of the total combined ad valorem property tax levy (both general and bond fund levies) to less than
$0.90/$100 of valuation pursuant to an Amendment to this Agreement in the event property valuations within
the District increase such that the total combined ad valorem property tax levy (both general and bond fund
levies) of $0.90/$100 of valuation is unreasonably high in comparison with other sanitary and improvement
district within the County, as a measure to avoid undue hardship to the property owners within the District.
In addition, in the event that there is a change in State law that impacts the manner in which ad valorem real
estate taxes are levied, or the calculation of such taxes, such that the aforementioned $0.90/$100 in valuation
benchmark is no longer plausible and/or reasonable, the parties shall use their commercially reasonable
efforts to enter into an amendment to this Agreement to account for such change in State law.
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 streets, sidewalk and street tree 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 and major street paving, either of which may be a general obligation, as
indicated in Exhibit "B".
B. One hundred percent (100%) of the entire cost of all sanitary sewers, including manholes and other
appurtenances, shall be paid 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.
3. The 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 cost of storm sewers and appurtenances may be a general obligation of the District.
C. One hundred percent (100%) of the entire cost of water distribution system serving the area to be developed
shall be specially assessed against the property benefited within the area to be developed. One hundred
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percent (100%) of the entire cost of water and gas approach mains may be a general obligation of the District.
All refunds from MUD shall be credited to the Bond Construction Account of the District.
D. 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.
E. 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.
F. 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.
G. No funds of the District are to be used for the installation or maintenance of telephone equipment.
H. 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.
I. 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.
J. The Sediment and Erosion Control Plan to be submitted the City of Omaha for compliance with NPDES
regulations is attached hereto and incorporated herein as Exhibit “E”. The City of Omaha must approve said
plan prior to City Engineer’s second signature on the final plat. The initial construction cost of grading and
piping for temporary sediment and erosion control facilities shall be paid for privately by the Subdivider.
Removal of said sediment and erosion control measures may 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, and 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.
K. Park fees shall be paid as follows:
1. Neighborhood Park Fee. Neighborhood Park Fees are determined on a case-by-case basis. The
City Parks Department shall review the inter-local agreements entered into by contributing SIDs for
the costs of land acquisition and construction of the neighborhood parks. The Neighborhood Park
Fee may be a general obligation of the District.
2. Trails / Boulevard Fee. There will be no S.I.D. platting fees for trails and boulevards. A Trail and
Boulevard Fee will be assessed at the time of building permit.
3. Community Parks. Approximately fifty percent (50%) of the Community Park (CP) Fee will be
paid by the S.I.D. at the time of final platting and will qualify to be a general obligation of the
District. This portion of the CP Fee is calculated on a per-acre basis as follows:
Lots 169-252, Residential,
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22.84 Acres @ $400.00 per acre $9,136.00
TOTAL: $9,136.00
The remaining portion of the CP Fee will be assessed at the time of building permits on a per-lot
basis.
L. It is mutually agreed that the District shall pay one percent (1%) of the public construction costs, estimated
to be $19,670.28, to the City to facilitate the review and processing of developments to include engineering,
planning, legal and other miscellaneous expenses incurred by the City. 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, Exhibit “D”, attached, unless contracts exist for said
improvements. If contracts for improvements exist, the fee shall be based on actual contract amounts. Once
the projects have been completed and the costs certified by the District’s engineer, then the District shall pay
any additional monies which are due within thirty (30) days of the engineer’s cost certification. The District
may receive a refund from the City if the improvement costs, as certified by the District’s engineer 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. The fee shall be paid for all District contracts issued for public improvements.
M. One hundred percent (100%) of the entire cost of all post-construction stormwater management features, and
related appurtenances, may be a general obligation of the District, provided,
1. Land acquisition for the construction of permanent post-construction stormwater management
features may be a general obligation of the District. The District shall own and maintain these
properties in accordance with the maintenance agreement contained herein. All necessary
easements to the City and the District shall be granted at the time of platting. The District may
expend up to 20% soft costs to consummate the transaction.
2. Construction of post-construction stormwater management features or “BMPs” (Best Management
Practices) may be a general obligation of the District, provided they are in conformance with the
“Omaha Regional Stormwater Design Manual”, and are able to be publicly maintained.
3. Maintenance of post-construction stormwater management features may be paid from the operating
fund of the district provided the maintenance activities are required to maintain the water quality
benefits as designed. Routine mowing, landscaping, screening or other amenities that do not
contribute to water quality shall be paid for by the subdivider and maintained by the Association.
4. Streets and sidewalks adjacent to land acquired by the District for post-construction stormwater
management features may be a general obligation of the District, and sanitary sewers adjacent to
land acquired by the District for post-construction stormwater management features shall be
specially assessed or paid for privately.
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. 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 therefor without the prior written approval of the City Engineer. Storm warning
sirens purchase or installation may be a general obligation. The District shall not acquire any interest in real property
without the prior approval of the City of Omaha.
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The estimated general obligation of the District is estimated to be $953,335.68, as shown on the Source & Use of
Funds, Exhibit “D”. The District valuation is estimated to be $23,100,000.00, as shown on Exhibit “D”, for a debt
ratio of 4.34%. The General Obligation of the District shall be incurred only for costs identified as General Obligation-
eligible costs in this Agreement, and shall not exceed the District engineer’s estimate of probable cost of $953,335.68,
as shown on Exhibit “D,” by more than 10%, except either i) the City Engineer or their designee may administratively
approve a corresponding increase in the General Obligation of the District, or ii) by amendment of this Agreement
and approval by the Omaha City Council. Any General Obligation costs in excess of the approved amount shall be
specially assessed or paid for privately.
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.
D. Post-construction stormwater management maintenance identified as the responsibility of the Association
shall continue to be performed and funded by the Association after annexation by the City. Maintenance
responsibilities of the District shall become that of the City upon annexation.
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 therefor.
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.
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:
i. The amount paid to the contractor.
ii. 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,
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including, but not limited to, interest on all warrants to date of levy of special assessments,
estimated fiscal agent's warrant fees, bond fees and other items shown as “soft costs”.
iii. A special itemization of all costs of the District not itemized in (i) and (ii) 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.
SECTION VI
A. Until such time as the Intersection Improvements are constructed or the District can demonstrate that it has the
funding capacity to fund its prorata share of the Intersection Improvements the total combined ad valorem
property tax levy (both general and bond fund levies) of the District shall remain at a minimum of 90 cents per
$100 taxable valuation. Any such demonstration of funding capacity by the District shall require the approval
of the City in writing pursuant to an Amendment to this Agreement, which approval shall not be unreasonably
withheld, conditioned, or denied by the City and it is understood and agreed that the City may, as part of such
analysis, consider the financial condition and ability of the other participating districts to contribute their
respective prorata share of the Intersection Improvements and that the City could reasonably withhold such
consent in the event that the City determines that the financial condition and ability of the other participating
districts to contribute their respective prorata share of the Intersection Improvements requires that the District
keep its levy at 90 cents per $100 taxable valuation in order to allow the District to contribute more than its prorata
share of the Intersection Improvements in the short term (with reimbursement from one (1) or more of the other
participating districts). Following the completion of the Intersection Improvements or the District’s
demonstration of funding capacity to fund its prorata share of the Intersection Improvements (and the City’s
written approval thereof), the District agrees to annually levy a total combined ad valorem property tax of at
least 88 cents per $100 taxable valuation until all construction fund debt is converted to bonds, and in no
event shall the District’s total levy, excluding ASIP described below, be less than the total City of Omaha
levy. Notwithstanding the foregoing, the District shall be allowed to make an equitable adjustment of the
total combined ad valorem property tax levy (both general and bond fund levies) to less than $0.90/$100 of
valuation pursuant to an Amendment to this Agreement in the event property valuations within the District
increase such that the total combined ad valorem property tax levy (both general and bond fund levies) of
$0.90/$100 of valuation is unreasonably high in comparison with other sanitary and improvement district
within the County, as a measure to avoid undue hardship to the property owners within the District. In
addition, in the event that there is a change in State law that impacts the manner in which ad valorem real
estate taxes are levied, or the calculation of such taxes, such that the aforementioned $0.90/$100 in valuation
benchmark is no longer plausible and/or reasonable, the parties shall use their commercially reasonable
efforts to enter into an amendment to this Agreement to account for such change in State law.
B. As the total levy (Bond and General) necessary to support the other debt and obligations of the SID for all
projects (including deferred Community Park Fees) decreases 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.
C. After written notice from the City to the District of the City’s intention to annex territory of the District, the
District shall not spend assets for a period of ninety (90) days after receiving such notice, except as provided
in Neb. Rev. Stat. §31-794, as amended. Any contract in violation of such statute or this section shall be
voidable by the City after the annexation becomes effective. Notwithstanding anything to the contrary herein,
nothing in this paragraph shall be deemed to restrict the District from complying with statutory budgeting
requirements or from approving contracts that are in the reasonable judgment of the Board of Trustees
necessary to address an emergency situation within the District or to comply with their statutory obligations
as Trustees.
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SECTION VII
In the performance of this Agreement, the District shall not discriminate against any parties on account of race, color,
creed, political or religious affiliation, sex, marital status, sexual orientation, gender identity, national origin, age, or
disability in violation of federal or state laws or local ordinances.
SECTION 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.
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:
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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" 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. The owner of each lot shall make payment to the City of Omaha for the construction of interceptor sewers.
This fee is computed as follows for the lots shown on the plats (Exhibit "A"). Payment shall be made to the
City Permits and Inspections Division prior to receiving a building permit to construct improvements on any
lot. Payment shall be based on the then-current fee on the date of the building permit application, as adopted
by the Omaha City Council. For example, for 2022, the fee would be as follows:
Lots 169-252, Single Family or Duplex Residential,
84 Units: Average 2500 Total SF Per Unit @ $0.39/SF $81,900.00
TOTAL: $81,900.00
B. 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. 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 City 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. The real estate shall be charged the special sewer fee amount as set forth in Section IX-A for each
lot or parcel.
2. The Special Sewer Connection fee shall be collected by the City from the owner of each lot or parcel
of real estate 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. In the event of annexation by the City, the Special Sewer Connection Fee shall continue to remain
as a special assessment or charge against each lot which has not previously paid said Special Sewer
Connection Fee. The Special Sewer Connection Fee shall be collected and retained by the City from
each such lot owner before the building sewer is connected to the sanitary system.
Rev. 7/1/2021 11
D. The City may collect, within the area to be developed, the City's sewer connection and permit fees, as
provided by existing City ordinances and its sewer use and connection fees as now or hereafter existing.
Such fees shall be in addition to the payments provided for in Section IX-A herein.
E. No sewer permit will be issued by the City for any construction on any lot in the area described in Section
IX-A until payment to the City of the Special Sewer Connection Fee or levy of the Special Assessment for
that particular lot as called for in Section IX-A.
F. The owner of each lot shall make payment to the City of Omaha for Watershed Management Fees. This fee
is computed as follows for the lots shown on the plats (Exhibit "A"). Payment shall be made to the City
Permits and Inspections Division prior to receiving a building permit to construct improvements on any lot.
Payment shall be based on the then-current fee on the date of the building permit application, as adopted by
the Omaha City Council. For example, for FY2022, the fee would be as follows:
Lots 169-252, Single Family or Duplex Residential,
84 Units @ $978.00 $82,152.00
TOTAL: $82,152.00
G. In the event the Subdivider shall plat additional lots which will be in the District, this Agreement shall be
amended by the parties to provide payment of the current fee for the additional lots before any building
permits are issued by the City.
H. The District and the City agree that payment made under Section IX-F of this Agreement shall constitute a
Watershed Management Fee for the area described in Section IX-F and shall be collected by the City as a
Watershed Management Fee or shall be levied as a Special Assessment against the real estate described in
Section IX-F as follows:
1. The real estate shall be charged the Watershed Management Fee amount as set forth in Section IX-
F for each lot or parcel.
2. The Watershed Management Fee shall be collected by the City from the owner of each lot or parcel
of real estate or levied as a Special Assessment in the amount as shown in Section IX-F prior to the
time any such lot or parcel is built upon.
3. In the event of annexation by the City, the Watershed Management Fee shall continue to remain as
a special assessment or charge against each lot which has not previously paid said Watershed
Management Fee. The Watershed Management Fee shall be collected and retained by the City from
each such lot owner before the building permit is issued.
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. Outlot M shall be used for a Post-Construction Stormwater Basin and will be owned by the District. Outlots
N, O, P, Q, and R, inclusive, shall be used for open spaces and/or private amenities and will be owned and
maintained by the Association.
C. The routine maintenance and snow removal of the on-street parking areas located on public right-of-way
shall be the responsibility of the Association.
Rev. 7/1/2021 12
D. No separate administrative entity nor joint venture, among the parties, is deemed created by virtue of the
Subdivision Agreement.
E. The administration of this Subdivision Agreement shall be through the offices of the undersigned officers for
their respective entities.
F. This Subdivision Agreement shall be binding upon the parties, their respective successors and assigns and
runs with the land shown on Exhibit "A"”.
G. The violation or breach of this Agreement may be remedied by an action for specific performance, or other
available legal or equitable remedies. Any statute of limitations applicable to an obligation under this
Agreement shall be tolled until the obligee party provides to the obligor party a written demand for
performance of the obligation by a certain deadline.
Space below intentionally left blank – Signature Page to follow
SUBDIVISION AGREEMENT EXHIBIT
EXHIBIT A FINAL PLAT
EXHIBIT B PAVING & STORM SEWER
EXHIBIT B-1 96th AND STATE STREET INTERSECTION
EXHIBIT C SANITARY SEWER
EXHIBIT D-1 SOURCE & USE OF FUNDS – PHASE I
EXHIBIT D-2 SOURCE & USE OF FUNDS – PHASE II
EXHIBIT D-3 SOURCE & USE OF FUNDS – SUMMARY
EXHIBIT E SEDIMENT & EROSION CONTROL PLAN
EXHIBIT F PARK EXHIBIT – NOT USED
EXHIBIT G TREE MITIGATION PLAN – NOT USED
EXHIBIT H POST-CONSTRUCTION STORMWATER MANAGEMENT PLAN
EXHIBIT I POST-CONSTRUCTION STORMWATER MANAGEMENT MAINTENANCE PLAN
EX
H
I
B
I
T
A
POST CONSTRUCTION STORMWATER MANAGEMENT PLAN
MAINTENANCE AGREEMENT AND EASEMENT
WHEREAS, ___________________________recognizes that stormwater management
facilities (hereinafter referred to as “the facility” or “facilities”) must be maintained for the
development called ___________________________located in the jurisdiction of the
City of Omaha, Douglas County, Nebraska; and,
WHEREAS, the Property Owner (whether one of more) is the owner of
___________________________(hereinafter referred to as “the Property”), and,
WHEREAS, the City of Omaha (hereinafter referred to as “the City”) requires and the
Property Owner, and its administrators, executors, successors, heirs, or assigns, agree
that the health, safety and welfare of the citizens of the City require that the facilities be
constructed and maintained on the property, and,
WHEREAS, the Post Construction Stormwater Management Plan,
___________________________, (hereinafter referred to as “PCSMP”), should be
constructed and maintained by the Property Owner, its administrators, executors,
successors, heirs, or assigns.
NOW, THEREFORE, in consideration of the foregoing premises, the covenants
contained herein, and the following terms and conditions, the property owner agrees as
follows:
1. The facility or facilities shall be constructed by the Property Owner in
accordance with the PCSMP, which has been reviewed and accepted by the
City of Omaha or its designee.
2. The Property Owner must develop and provide the “BMP Maintenance
Requirements”, attached here to as Exhibit “B”, which have been reviewed
and accepted by the City of Omaha or its designee. The BMP Maintenance
Requirements shall describe the specific maintenance practices to be
performed for the facilities and include a schedule for implementation of these
practices. The Plan shall indicate that the facility or facilities shall be
inspected by a professional qualified in stormwater BMP function and
maintenance at least annually to ensure that it is operating properly. A
written record of inspection results and any maintenance work shall be
maintained and available for review by the City.
3. The Property Owner, its administrators, executors, successors, heirs, or
assigns, shall construct and perpetually operate and maintain, at its sole
expense, the facilities in strict accordance with the attached BMP
Maintenance Requirements accepted by the City of Omaha or its designee.
4. The Property Owner, its administrators, executors, successors, heirs, or
assigns hereby grants permission to the City, its authorized agents and
employees, to enter upon the property and to inspect the facilities whenever
the City deems necessary. The City shall provide the Owner copies of the
inspection findings and a directive to commence with the repairs if necessary.
Post Construction Stormwater Management Plan Maintenance Agreement And Easement 1
The City will require the Property Owner to provide, within 7 calendar days, a
written response addressing what actions will be taken to correct any
deficiencies and provide a schedule of repairs within a reasonable time
frame. Whenever possible, the City shall provide notice prior to entry. The
City shall indemnify and hold the Property Owner harmless from any damage
by reason of the City’s negligent acts during such entry upon the property.
5. The Property Owner its administrators, executors, successors, heirs, or
assigns, agrees that should it fail to correct any defects in the facility or
facilities within reasonable time frame agreed to in the response by the
Property Owner for corrective actions, or shall fail to maintain the structure in
accordance with the attached BMP Maintenance Requirements and with the
law and applicable executive regulation or, in the event of an emergency as
determined by the City of Omaha or its designee in its sole discretion, the
City of Omaha or its designee is authorized to enter the property to make all
repairs, and to perform all maintenance, construction and reconstruction as
the City of Omaha or its designee deems necessary. Notwithstanding the
foregoing, the City shall indemnify and hold the Property Owner harmless
from any damage by reason of the City’s negligent acts during such entry
upon the property.
The City of Omaha or its designee shall have the right to recover from the
Property Owner any and all reasonable costs the City of Omaha expends to
maintain or repair the facility or facilities or to correct any operational
deficiencies subject to the provisions of the immediately preceding sentence
relating to negligent acts of the City. Failure to pay the City of Omaha or its
designee all of its expended costs, after forty-five days written notice, shall
constitute a breach of the agreement. The City of Omaha or its designee shall
thereafter be entitled to bring an action against the Property Owner to pay, or
foreclose upon the lien hereby authorized by this agreement against the
property, or both. Interest, collection costs, and reasonable attorney fees
shall be added to the recovery to the successful party.
6. The Property Owner shall not obligate the City of Omaha to maintain or repair
the facility or facilities, and the City of Omaha shall not be liable to any person
for the condition or operation of the facility or facilities.
7. The Property Owner, its administrators, executors, successors, heirs, or
assigns, hereby indemnifies and holds harmless the City and its authorized
agents and employees for any and all damages, accidents, casualties,
occurrences or claims that may arise or be asserted against the City from the
construction, presence, existence or maintenance of the facility or facilities by
the Property Owner. In the event a claim is asserted against the City, its
authorized agents or employees, the City shall promptly notify the Property
Owner and the Property Owner shall defend at its own expense any suit
based on such claim unless due solely to the negligence of the City in which
event the City shall be required to defend any such suit at its own expense.
Notwithstanding the foregoing, if any claims are made against both the City of
Omaha and the Property Owner, each will be required to defend any such
suit or claim against it at its own expense. Each shall be responsible for
payment of any recovery to the extent determined in such suit. If any
judgment or claims against the City, its authorized agents or employees shall
Post Construction Stormwater Management Plan Maintenance Agreement And Easement 2
be allowed, the Property Owner shall pay for all costs and expenses in
connection herewith except to the extent of the negligent act of the City.
8. The Property Owner shall not in any way diminish, limit, or restrict the right of
the City of Omaha to enforce any of its ordinances as authorized by law.
9. This Agreement shall be recorded with the Register of Deeds of Douglas
County, Nebraska and shall constitute a covenant running with the land and
shall be binding on the Property Owner, its administrators, executors,
successors, heirs, or assigns, including any homeowners or business
association and any other successors in interest.
IN WITNESS WHEREOF, the Property Owner (s) has/ have executed this agreement
this day of ______________, 20___.
INDIVIDUAL, PARTNERSHIP and/or CORPORATION
______________________________ ______________________________
Name of Individual, Partnership and/or Corporation Name of Individual, Partnership and/or Corporation
______________________________ ______________________________
Name Name
______________________________ ______________________________
Title Title
______________________________ ______________________________
Signature Signature
______________________________ ______________________________
Name of Individual, Partnership and/or Corporation Name of Individual, Partnership and/or Corporation
______________________________ ______________________________
Name Name
______________________________ ______________________________
Title Title
______________________________ ______________________________
Signature Signature
Post Construction Stormwater Management Plan Maintenance Agreement And Easement 3
Month YY
DD
ACKNOWLEDGMENT
)
State
)
County
On this day of , 20 before me, a Notary Public, in and for said
County, personally came the above named:
who is (are) personally known to me to be the identical person(s) whose name(s)
is (are) affixed to the above instrument and acknowledged the instrument to be
his, her (their) voluntary act and deed for the purpose therein stated.
WITNESS my hand and Notarial Seal the day and year last above written.
Notary Public
Notary Seal
Post Construction Stormwater Management Plan Maintenance Agreement And Easement 4
DD MM YY
Exhibit “A”
Insert Real Property Depiction
Post Construction Stormwater Management Plan Maintenance Agreement And Easement 5
Post Construction Stormwater Management Plan Maintenance Agreement And Easement 6
Exhibit “B”
Insert BMP Maintenance Requirements
(See Guidance Document for Information Needed)
Exhibit I
Post-construction stormwater maintenance agreement
1. Construction site stormwater runoff controls
This section should define the controls used to manage stormwater runoff during construction. It should also
contain information defining when the controls are installed, when they are taken out and how/when they are
converted to a permanent post-construction feature (if applicable)
2. Post-construction stormwater management features
Define the features to be used as permanent post-construction stormwater management controls.
3. Timing of installation of post-construction stormwater management features
Provide a schedule (either a timeline, or percentage of buildout) defining when the permanent post-construction
stormwater features will be installed. They should not be installed at such a time to treat or control construction site
runoff, or to become impaired by construction site runoff. Some features may not be built until developments are
significantly built out.
4. Maintenance responsibilities of the District
Define what the maintenance requirements of the post-construction stormwater management features are to provide
the required treatment. Maintenance responsibilities of the District will be limited to activities that preserve the
ability of the feature to retain, detain, convey or treat stormwater runoff, as designed. Maintenance responsibilities
of the District will become that of the City upon annexation.
5. Maintenance responsibilities of the Association
Define what maintenance activities will be the responsibility of the Association (or other private entity). These
include routine mowing, landscaping, vegetation removal or control, private amenities and other features not
specifically necessary to retain, detain, convey or treat stormwater runoff. Maintenance of adjacent sidewalks will
also be the responsibility of the Association.
6. Transfer of Maintenance Responsibilities
This maintenance Agreement shall be binding upon the parties, their respective successors and assigns and runs with
the land shown on Exhibit "A".