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RES 2022-1088 - Warren Place (Lot 1) - Subdivision Agreement Rev. 2/23/2022 2 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 Subdivider along the subdivision’s arterial street frontage of L Street and 42nd Street. 7. Sidewalks along owner’s property lines (Lot 1) shall be maintained by the property owner. D. The post construction stormwater management plans and specifications for 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 Thompson, Dreessen & Dorner, Inc., copies of which are attached hereto as Exhibit “F” and are subject to the approval of the City. E. 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 “G”. The maintenance agreement shall delineate the responsibilities of the Association and shall be subject to the approval of the City. The maintenance agreement must include language to control when post-construction stormwater features are constructed, and differentiate between the requirements of construction site stormwater runoff controls and post-construction controls. The post- construction stormwater features shall not be installed until such time as they will not be negatively impacted by construction site runoff. Maintenance actions identified as private, to be performed by the association, property owner, or other private entity shall run with the land and become the responsibility of any successors, assigns or future owners, as appropriate. SECTION II The parties agree that the entire cost of all public improvements paid for privately by the Subdivider and set out in Section I herein shall be defrayed as follows: A. One hundred percent (100%) of the entire cost of all street, sidewalk and street tree construction shall be paid for privately by the Subdivider, as indicated in Exhibit "B". B. One hundred percent (100%) of the entire cost of all sanitary sewers, including manholes and other appurtenances, shall be paid for privately by the Subdivider. C. One hundred percent (100%) of the entire cost of water distribution system serving the area to be developed shall be paid for privately by the Subdivider.. D. The entire cost of the installation of electrical power service and gas distribution system shall be paid for privately by the Subdivider. E. 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 “D”. 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 shall be the responsibility of the Subdivider. 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 for privately by the Subdivider. F. One hundred percent (100%) of the entire cost of all post-construction stormwater management features, and related appurtenances, shall be paid for privately by the Subdivider, provided, Rev. 2/23/2022 3 1. The Subdivider shall own and maintain these properties in accordance with the maintenance agreement contained herein. All necessary easements to the City and the Subdivider shall be granted at the time of platting. Post-construction stormwater management maintenance identified as the responsibility of the Association shall be performed and funded by the Association 2. 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. SECTION III Subdivider covenants and agrees that the Subdivider will abide by and incorporate into all of its construction contracts the provisions required by the regulations of the City pertaining to construction of public improvements in subdivisions and testing procedures therefore. SECTION IV In the performance of this Agreement, the Subdivider shall not discriminate against any parties on account of race, color, creed, political or religious affiliation, sex, marital status, sexual orientation, gender identity, national origin, age, or disability in violation of federal or state laws or local ordinances. SECTION V A. Subject to the conditions and provisions hereinafter specified, the City hereby grants permission to the Subdivider to connect its sewer system to the sewer system of the City, in such manner and at such place or places designated on plans submitted by the Subdivider and approved by the City. B. Upon the completion of any sanitary outfall sewer, if any, built by the Subdivider, the City shall be granted and they shall accept control and operation of the facility. The Subdivider shall convey by proper legal instrument all its rights, easements, title, and interest in such Sanitary Outfall Sewer to the City. The form of acquisition shall be upon approved City forms. C. Without prior written approval by the City, the Subdivider shall not permit any sewer lines outside the presently described boundaries to be connected to: The sewer or sewer lines of the subdivision, any sewer from the subdivision's boundaries to the sewers of the City, any outfall sewer of the City, or any sewage treatment plant of the City. The City shall have exclusive control over connections to its sewers whether inside or outside the subdivision. The Subdivider shall not collect charges for such connections. D. At all times, all sewage from and through said subdivision into the City sewer system shall be in conformity with the ordinances, regulations, and conditions applicable to sewers and sewage within the City as now existing and as from time to time may be amended. E. Before any connection from any premises to the sewer system of the subdivision may be made, a permit shall be obtained for said premises and its connection from the proper department of the City, which permit shall be obtainable on the same terms, conditions, and requirements of the City and for the same permit fee of the City applicable from time to time to permit property outside the City to connect to the sewer system of the City; it being expressly understood that the City reserves the right to collect all connection charges and fees as required by City ordinances or rules now or hereafter in force; all such connections shall comply with minimum standards prescribed by the City. F. Notwithstanding any other provisions of this Agreement, City retains the right to disconnect the sewer of any industry, or other sewer user within the area to be developed, which is discharging into the sewer system in violation of any applicable ordinance, statute, rule or regulation. G. The Subdivider warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Subdivider, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working for the Subdivider, any fee, Rev. 2/23/2022 4 commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability. The Subdivider shall require the same warranty from each contractor with whom it contracts in any way pertaining to its sewage system. The prohibition provided for herein shall not apply to the retention of an attorney or other agent for the purpose of negotiating the provisions of this Agreement where the existence of such agency has been disclosed to the City. H. The Subdivider expressly agrees that they are and shall be: 1. Bound by and to any provisions of any ordinances, rules and regulations hereafter made and adopted by the City of Omaha applicable to subdivisions whose sewers connect directly or indirectly with or into sewers or sewage systems of the City of Omaha; and, 2. Bound by any terms and provisions which by ordinance, resolution or rule of the City of Omaha shall hereafter adopt or provide as being applicable to or required in contracts with subdivisions or in order to permit or continue the discharge of any sewage from a subdivision to flow into or through any part of the sewer or sewage system of the City of Omaha. SECTION VI A. 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: Lot 1, Commercial, 0.77 Acres @ $5,214.00 $ 4,014.78 B. In the event the Subdivider shall plat additional lots which will be in the subdivision, 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. C. The Subdivider and the City agree that payment made under Section VI-A of this Agreement shall constitute a Watershed Management Fee for the area described in Section VI-A and shall be collected by the City as a Watershed Management Fee as follows: 1. The real estate shall be charged the Watershed Management Fee amount as set forth in Section VI- A 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 in the amount as shown in Section VI-A prior to the time any such lot or parcel is built upon. SECTION VII 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. Rev. 2/23/2022 5 C. The administration of this Subdivision Agreement shall be through the offices of the undersigned officers for their respective entities. D. This Subdivision Agreement shall be binding upon the parties, their respective successors and assigns and runs with the land shown on Exhibit "A"”. E. 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 C SANITARY SEWER EXHIBIT D GRADING & EROSION CONTROL PLAN EXHIBIT F POST-CONSTRUCTION STORMWATER MANAGEMENT PLAN EXHIBIT G POST-CONSTRUCTION STORMWATER MANAGEMENT MAINTENANCE PLAN L O T 1 (39,514 SQUARE FEET OR 0.907 ACRES) PROPOSED LOT 1 Sheet Title Sheet Number thompson, dreessen & dorner , inc. 10836 Old Mill Rd Omaha, NE 68154 p.402.330.8860 f.402.330.5866 td2co.com WA R R E N P L A C E LO T 1 CITY OF OMAHA FINAL PLAT Exhibit A Revision Dates No.Description MM-DD-YY Job No.: A869-428A Drawn By: BJH Reviewed By: JLC Date: FEBRUARY 14, 2022 Book: 22-05 Pages: 11&12 ------ ------ ---- ------ -- 0'15'30' DEDICATION SURVEYOR'S CERTIFICATE ACKNOWLEDGEMENT OF NOTARY COUNTY TREASURER'S CERTIFICATE WARREN PLACE LOT 1 BEING A REPLATTING OF LOTS 1 THRU 6, INCLUSIVE, BLOCK 1, KENTS ADDITION TO SOUTH OMAHA TOGETHER WITH LOT 10, BLOCK 1, FIRST ADDITION TO MOUNT DOUGLAS, ALL IN DOUGLAS COUNTY, NEBRASKA. APPROVAL OF CITY ENGINEER APPROVAL OF CITY OF OMAHA PLANNING BOARD APPROVAL OF OMAHA CITY COUNCIL LS-693 N E B R A SK A R E G I S TERE D ROYEVRUS D N A L LLERRAC.L N O J REVIEW BY THE DOUGLAS COUNTY ENGINEER DETAIL OF ALLEY BEING VACATED SCALE: 1" = 30' Starbucks 42nd & L Street Faithful Realty, LLC ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ 869-428 03-03-22 TDV JAD thompson, dreessen & dorn er, inc. 10836 Old Mill Rd Omaha, NE 68154 p.402.330.8860 www.td2co.com Project Name Professional Seal Revision Dates Sheet Title No.Description MM-DD-YY Client Name Drawn By: Reviewed By: Job No.: Date: Sheet Number LEGEND NOTES ENGINEER PROPERTY OWNER VICINITY MAP WARREN PLACE LOT 1 DOUGLAS COUNTY, NEBRASKA SUBDIVIDER Paving and Storm Sewer Plan Exhibit B LEGAL DESCRIPTION 0'10'20' Starbucks 42nd & L Street Faithful Realty, LLC ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ 869-428 03-03-22 TDV JAD thompson, dreessen & dorn er, inc. 10836 Old Mill Rd Omaha, NE 68154 p.402.330.8860 www.td2co.com Project Name Professional Seal Revision Dates Sheet Title No.Description MM-DD-YY Client Name Drawn By: Reviewed By: Job No.: Date: Sheet Number U W C Sanitary Sewer Plan LEGEND NOTES ENGINEER PROPERTY OWNER VICINITY MAP WARREN PLACE LOT 1 DOUGLAS COUNTY, NEBRASKA SUBDIVIDER Exhibit C LEGAL DESCRIPTION 0'10'20' Starbucks 42nd & L Street Faithful Realty, LLC ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ 869-428 03-03-22 TDV JAD thompson, dreessen & dorn er, inc. 10836 Old Mill Rd Omaha, NE 68154 p.402.330.8860 www.td2co.com Project Name Professional Seal Revision Dates Sheet Title No.Description MM-DD-YY Client Name Drawn By: Reviewed By: Job No.: Date: Sheet Number Grading & Erosion Control Plan LEGEND NOTES ENGINEER PROPERTY OWNER VICINITY MAP WARREN PLACE LOT 1 DOUGLAS COUNTY, NEBRASKA SUBDIVIDER Exhibit D LEGAL DESCRIPTION 0'10'20' Starbucks 42nd & L Street Faithful Realty, LLC ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ 869-428 03-03-22 TDV JAD thompson, dreessen & dorn er, inc. 10836 Old Mill Rd Omaha, NE 68154 p.402.330.8860 www.td2co.com Project Name Professional Seal Revision Dates Sheet Title No.Description MM-DD-YY Client Name Drawn By: Reviewed By: Job No.: Date: Sheet Number Post Construction Stormwater Management Plan LEGEND NOTES ENGINEER PROPERTY OWNER VICINITY MAP WARREN PLACE LOT 1 DOUGLAS COUNTY, NEBRASKA SUBDIVIDER Exhibit F A1 A1 A2 A3 A4 B2 B1 Ʃ STORMWATER CALCULATIONS LEGAL DESCRIPTION 0'10'20' AA Parts List DESCRIPTIONSIZE (in)ITEM I.D. PRECAST MANHOLE481 SEPARATION MODULE 2 LEDGER SUPPORT 3 INLET PIPE124 OUTLET PIPE125 6 FRAME AND COVER (ROUND)30 4-FT DIAMETER FIRST DEFENSE Any warranty made by Hydro International only applies to those items supplied by it. Hydro International does not accept and expressly disclaims any responsibility or liability for any structure, plant or equipment (or the performance thereof) designed, built, manufactured or supplied by any third-party. Hydro International has a policy of continuous product development and reserves the right to amend the specifications of any of its products or equipment at any time. Hydro International expressly disclaims any liability for the performance of its equipment (or any part thereof) used or made subject to conditions outside of the conditions set forth in Hydro International's design specifications. Hydro International owns the copyright in and to this drawing, which is supplied in confidence, and all intended recipients of the drawing, by their use thereof, agree to hold the drawing in confidence and not to use it for any purpose other than for which it was supplied and not reproduce, in whole or in part, the drawing or any of the equipment or structures depicted therein, without prior written permission of Hydro International. Stormwater Solutions 94 Hutchins Drive Portland, Maine 04102 Tel: (207) 756-6200 Fax: (207) 756-6212 stormwaterinquiry@hydro-int.com 1 4 1 6 4 5 53 2 3 2 VARIES PIPE INVERTS: SEE STRUCTURE TABLE SECTION A-A NOT TO SCALE 240° CAPACITIES: A.PEAK HYDRAULIC FLOW: 18.0 cfs B.TREATMENT FLOW: 1.88 cfs (80% TSS BASED ON TARGET PARTICLE SIZE OF 110 MICRONS) C.SEDIMENT STORAGE CAPACITY: 0.7 cu. yd. D.OIL STORAGE CAPACITY: 191 gal. E.MAXIMUM INLET/OUTLET PIPE DIAMETERS: 24 in. Inlet pipe(s) can enter anywhere within 240° arc. 1 Post Construction Stormwater Management Plan Maintenance Agreement 1 EXHIBIT G – DRAFT MAINTENANCE AGREEMENT POST CONSTRUCTION STORMWATER MANAGEMENT PLAN MAINTENANCE AGREEMENT FOR OMA-20220413-6401-P WHEREAS, Faithful Realty LLC, recognizes that stormwater management facilities (hereinafter referred to as “the facility” or “facilities”) must be maintained for the development called Starbucks 42nd & L Street located in the jurisdiction of City of Omaha, Nebraska; and, WHEREAS, Faithful Realty LLC, is the owner (hereinafter referred to as “the Owner”) of the property described on Exhibit A-1, attached hereto and made a part hereof (hereinafter referred to as “the Property”), and, WHEREAS, City of Omaha (hereinafter referred to as “the City”) requires and the Property Owner, or 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, OMA-20220413-6401-P, (hereinafter referred to as “PCSMP”), be constructed and maintained by the Property Owner, its administrators, executors, successors, heirs, or assigns, and NOW, THEREFORE, in consideration of the foregoing premises, the covenants contained h erein, and the following terms and conditions, the property owner agrees as follows: 1. The facility shall be constructed by the Owner in accordance with the PCSMP, which has been reviewed and accepted by the City or its designee. 2. The Owner must develop and provide the “BMP Maintenance Requirements”, per the attached Exhibit “B”, which have been reviewed and accepted by the City 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 for a period of three (3) years. Post Construction Stormwater Management Plan Maintenance Agreement 2 3. The Owner, its administrators, executors, successors, heirs, or assigns, shall const ruct and perpetually operate and maintain, at its sole expense, the facilities in strict accordance with the attached BMP Maintenance Requirements accepted by the City or its designee. 4. The Owner, its administrators, executors, successors, heirs, or assign s 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. The City will require the 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 fra me. Whenever possible, the City shall provide notice prior to entry. The City shall indemnify and hold the Owner harmless from any damage by reason of the City’s or its employees, contractors or agents negligent acts during such entry upon the property. 5. The 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 Owner for corrective actions, or shall fai l after 30 days’ notice from City to Owner, 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 or its designee in its sole discretion, the City or its designee is authorized to enter the property to make all reasonable repairs, and to perform all reasonable maintenance, construction and reconstruction. Notwithstanding the foregoing, the City shall indemnify and hold the Owner harmless from any damage by reason of the City’s or its employees, contractors or agents negligence during such entry upon the property. 6. The City or its designee shall have the right to recover from the Owner any and all reasonable costs the City 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 or its designee all of its expended costs, after forty-five days written notice, shall constitute a breach of the agreement. The City or its designee shall thereafter be entitled to bring an action against the 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. 7. The Owner shall not obligate the City to maintain or repair the facility or facilities, and the City shall not be liable to any person for the condition or operation of the facility or facilities, unless caused by the City or its employees, contractors or agents. 8. The 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 facil ity or facilities by the Owner unless caused by the City or its employees, contractors or agents. In the event a claim is asserted against the City, its authorized agents or employees, the City shall promptly notify the Owner and the Owner shall defend at its own expense any suit unless caused by the City or its employees, contractors or agents. Post Construction Stormwater Management Plan Maintenance Agreement 3 9. Based on such claim unless due solely to the negligence or wrongful act 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 and the 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 be allowed, the Owner shall pay for all costs and expenses in connection herewith except to the extent of the negligent or wrongful act of the City. 10. The Owner shall not in any way diminish, limit, or restrict the right of the City to enforce any of its ordinances as authorized by law. 11. 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 Owner, its administrators, executors, successors, heirs, or assigns, including any homeowners or business association and any other successors in interest. Dated this _______ day of __________, 2022. Faithful Realty LLC, By: _________________________________________ Tony Kim, Owner State of ____________________________) )ss. County of ___________________________) The foregoing agreement was acknowledged before me this _________ day of __________, 2022 by Tony Kim, Owner, Faithful Realty LLC. __________________________________ Notary Public Post Construction Stormwater Management Plan Maintenance Agreement 4 EXHIBIT ‘A’ PROJECT INFORMATION TD2 Job Number: 869-428 Douglas County Legal Description: Warren Place, Lot 1 Property Address: 4178 L Street Omaha, NE 68107 Subdivision Name: Warren Place Section: NE 05-14-13 APPLICANT INFORMATION Business Name: Faithful Realty LLC Business Address: 1021 Dolores Dr. Fullerton, CA 92833 Representatives Name: Tony Kim Representative’s Email: tonysk62@aol.com Representative’s Phone: (949) 680-5780 BMP INFORMATION Name Description Latitude/Longitude HDS-1 Hydro International Hydro Dynamic Separator (FD-4HC) N41.212835, W95.975876 Post Construction Stormwater Management Plan Maintenance Agreement 5 Exhibit ‘A-1 Post Construction Stormwater Management Plan Maintenance Agreement 6 Exhibit “B” BMP Maintenance Plan Starbucks 42nd & L Street Omaha, NE 68107 OMA-20220413-6401-P I. GENERAL BMP INFORMATION BMP ID Name Location Legal Description HDS-1 See Exhibit 'A' See Exhibit 'A-1' II. BMP SITE LOCATION MAP See Exhibit ‘A’ III. ROUTINE MAINTENANCE TASKS AND SCHEDULE Monthly • Remove Manhole Cover and visually inspect upper chamber fiberglass insert weir and inlet for floatable objects capable of plugging the inlet to lower chamber. Remove and legally dispose of any debris present in the upper chamber. • Open 6” Oil Inspection/Cleanout Pipe and visually inspect lower chamber water surface for oil sheen. Remove accumulation of free oil as needed. Free oil removal should be accomplished by a vacuum service provider and legally disposed. Quarterly • In addition to the Monthly tasks, inspect the lower chamber for sediment accumulation. Depth of sediment may be measured from the surface with a dipstick tube equipped with a ball check. Sediment should be removed from the lower chamber once the sediment depth reaches 8”. Sediment removal should be accomplished by a vacuum service provider and legally disposed. Yearly • Sediment should be removed from the lower chamber once the sediment depth reaches 8” or once every three (3) years, whichever occurs first. Sediment removal should be performed by a vacuum service provider and legally disposed. IV. Maintenance Inspection Reports. The Property Owner shall perform maintenance and inspection in accordance with the above schedule. A written report of all maintenance and inspections shall be prepared annually and kept on file by the Owner. The first report shall be prepared within one year following the final acceptance date of the Post Construction Stormwater Management Plan and each year thereafter on or before the acceptance anniversary date. Annual maintenance inspection reports shall be performed by a registered Nebraska professional engineer, architect, or qualified professional. Upon request of the City, the Owner shall provide copies of the annual maintenance inspection reports.