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RES 2023-0774 - Arbor View (Lots 534-641 and Outlot N) - Subdivision Agreement City Clerk Office Use Only: 2_01-0 _ � l ' Publication Date J22J applicable): RESOLUTION NO. Agenda Date: 2023 Department: 1 b I C , 01 Submitter: S CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, Charleston Homes, a Nebraska corporation, proposes to build a subdivision to be known as Arbor View (Lots 534-641 and Outlot N) which will be located northwest of 210th Street and Grand Avenue; and, WHEREAS, Sanitary and Improvement District (S.&I.D.) 611 will build public and private improvements in this subdivision; and, WHEREAS, Charleston Homes, a Nebraska corporation, and S.&I.D. 611 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. 611 agrees to pay $20,126.00 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, Interceptor Sewer Fees in the amount of $128,790.00 will be collected by the City as Building Permits are approved in the subdivision for the construction of the sewers in the Papillion Creek Watershed; and, WHEREAS, Watershed Management Fees currently estimated in the amount of $108,216.00 will be collected by the City as Building Permits are approved in the subdivision; and, WHEREAS, S.&I.D. 611 agrees to provide for Park Fees as follows: Trail & Boulevard Fee, to be assessed as building permits are issued; and Community Parks Fee, approximately half of which, $11,545.60, is to be paid by the District at the time of final platting and which may be paid by General Obligation, and the remaining half to be paid as building permits are issued; and, RESOLUTION NO.2 2 3 D17 I PAGE -2- WHEREAS, Charleston Homes, a Nebraska corporation, has or will create The Arbor View West Homeowners Association, who will be responsible for identified ongoing maintenance as contained in the Agreement; and WHEREAS, a Subdivision Agreement has been prepared setting forth all the provisions mentioned above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the Subdivision Agreement among the City of Omaha, Charleston Homes, a Nebraska corporation, The Arbor View West Homeowners Association, and Sanitary and Improvement District (S.&I.D.) 611 of Douglas County, Nebraska, as recommended by the Mayor, providing for the public improvements, 1% administrative fee, Interceptor Sewer Fee, Watershed Management Fee, Parks fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Arbor View (Lots 534-641 and Outlot N) and is located northwest of 210th Street and Grand Avenue. P:\rah\2026rah.doc APPROVED AS TO FORM: 7h � W / CITY ATTORNEY DATE Adopted: AUG 2 2 2023 'J 'D Attest: J City Clerk . Approved: 11_VIA - 1141_ti ,IN Mayor SUBDIVISION AGREEMENT Arbor View(Lots 534,Thru 641 &Outlot"N"Inclusive) THIS AGREEMENT,made and entered into this ZL day of ()54- ,2023,among Charleston Homes, a Nebraska corporation, (hereinafter referred to as "Subdivider"), The Arbor View West Homeowners Association, (hereinafter referred to as "Association") SANITARY AND IMPROVEMENT DISTRICT NO 611 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 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 the Arbor View West Homeowners Association, Inc. comprised of the property owners of Lots 534 Thru 641 Inclusive,Arbor View; 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 "N" is a permanent stormwater detention and water quality area and therefore is not a building site. Outlots"N"inclusive shall be owned and maintained by the District. C. "Street intersections"shall be construed to mean the area shown on the attached street intersection drawings (Exhibit"B"). D. "General obligation"shall mean unassessable capital costs. 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 fmal 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 1 Rev. 7/1/2022 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 E&A Consulting Group, Inc., 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 E&A Consulting Group,Inc., 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 E&A Consulting Group,Inc.,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 Fort Street. 7. Sidewalks along Kestrel Parkway shall be constructed at a width of 6 feet,placed in the right-of- way with a 1 foot offset from the property line. Street trees shall be planted between the sidewalk and the back of curb and spaced at 35 to 40 feet on center. H. Fort Street at the property frontage shall be improved to a three lane roadway. District is authorized to enter into an interlocal agreement with adjacent SID's and Douglas County for sharing of costs of these 2 Rev. 7/1/2022 improvements. An executed copy of this agreement shall be provided to the City prior to recording the final plat. I. The Subdivider agrees to grade the subdivision so that the elevation at the property line adjacent to Fort Street shall meet the proposed grade established by the Douglas County Engineer for a three-lane section road. Sections shall be submitted to the Douglas County Engineer and elevations certified by E & A Consulting Group, Inc. 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 ensure the completion of the grading within a suitable amount of time. 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 E&A Consulting Group, Inc., 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- 20220909-6601-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 stonnwater 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 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, 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. 3 Rev. 7/1/2022 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 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. Street identification signs may be a general obligation of the District. All street identification signs shall comply with the Manual on Uniform Traffic Control Devices, and 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 fmal 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. The Neighborhood Park contribution shall be designated for Park 33c of the Suburban Park Master Plan. 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. The District is authorized to pay $106,270 in parkway improvements. The District is entitled to an estimated reimbursement of$48,870, based upon the estimate shown in the attached Exhibit F. Actual reimbursement will be adjusted to reflect final soft and construction costs. The City will reimburse the District only as monies are available in the Trail and Boulevard fund and in 4 Rev. 7/1/2022 chronological order of the date of the fmal plat. It is understood by the District and the City that the source of repayment shall be limited to the Trail and Boulevards account of the Park Development Fund. The District is not promised payment from the City for any other grant, reimbursement nor annexation. The District shall request reimbursement from the City upon completion of the project and provide supporting cost documentation. 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 534-641,Residential, 28.864 Acres @$400.00 per acre $11,545.60 TOTAL: $11,545.60 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 $20,126, 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 stonnwater 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 stonnwater 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 5 Rev. 7/1/2022 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. The estimated general obligation of the District is estimated to be$3,531,454($1,786,042 for this Phase), as shown on the Source&Use of Funds,Exhibit"D". The District 95%valuation is estimated to be$88,801,250($42,066,000 for this Phase),as shown on Exhibit"D",for a debt ratio of 3.98%(4.25%for this Phase). 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$3,531,454($1,786,042 for Phase this phase), 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. In no event shall public improvements financed by General Obligation debt be in excess of 4%of estimated valuations. 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: 6 Rev. 7/l/2022 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, 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. 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. 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. 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. 7 Rev. 7/1/2022 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. 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" 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 8 Rev. 7/1/2022 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 2023,the fee would be as follows: Lots 534-641,Single Family Residential, 108 Units;2,500 Estimated Average Total Square Feet per Unit; @ 47.7 cents per Total Sq.Ft. $128,790.00 TOTAL: $128,790.00 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. 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. 9 Rev. 7/1/2022 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 FY2023,the fee would be as follows: Lots.534-641,Single Family Residential, 108 Units @$1,002.00 $108,216.00 TOTAL: $108,216.00 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 "N" shall be used for permanent stormwater detention and water quality and will be owned and maintained by the District. 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. 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. 10 Rev. 7/1/2022 Space below intentionally left blank—Signature Page to follow 11 Rev. 7/1/2022 IN WITNESS WHEREOF,we the executing parties,by our respective duly authorized agents,hereby enter into this Agreement,effective on the day and year first above written. ATTEST: CITY OF OMAHA A �� J cJ—z4-7073 rittk J 1 I l.l'�( 0 CITY CLERK Date MAYOR Date ACTING ATTEST: SANITARY AND IMPROVEMENT DISTRICT NO. SANITARY AND IMPROVEMENT DISTRICT 611 OF DOUGLAS CO.,NEBRASKA NO. 611 OF DOUGLAS CO.,NEBRASKA j �rf ll'�3 -144-- �• N• — �l/171 Z! CLERK Date CHAIRMAN D to ATTES : 62. / ARBOR VEW WEST HOMEOWNERS ASSOCIATION PRESIDENT APPROVED AS TO FORM - 4- - i 11123 -t i7 za Subdivider Date . CITY ATTORNEY Date 12 Rev. 7/1/2022 On this flth day of k r� l ,2023,before me, a Notary Public in and for said County and State, personally appeared Mar Stodola,Managing Member of Charleston Homes,who executed the above and acknowledged the execution thereof to be their voluntary act and deed. 0 1/ r �'ll ` 9;1141617 m GENERAL NOTARY-State of Nebraska O ARY P> BLIC � r �y KAILYNN EICHHORST My Commission expires SC1 ( Comm. se. .7 2026 On this'11 th day of A- I ,2023,before me, a Notary Public in and for said County and State, personally appeared Marc Stodola,President of the Arbor View West Homeowners Association,who executed the above and acknowledged the execution thereof to be their voluntary act and deed. O ARY P LIC �] GENERAL NOTARY-State of Nebraska My Commission expires 4bC 1 'Z" „ `;. KAILYNN EICI*IORST -,:1 i- Comm. •.se. .7 2026 13 Rev. 7/1/2022 SUBDIVISION AGREEMENT EXHIBIT EXHIBIT A FINAL PLAT EXHIBIT B PAVING& STORM SEWER EXHIBIT C SANITARY SEWER EXHIBIT D-1 SOURCE&USE OF FUNDS/VALUATION(PHASE I) EXHIBIT D-2 SOURCE&USE OF FUNDS/VALUATION(PHASE II) EXHIBIT D-3 SOURCE&USE OF FUNDS/VALUVATION(TOTAL) EXHIBIT E SEDIMENT&EROSION CONTROL PLAN EXHIBIT F PARKWAY IMPROVEMENTS COST ESTIMATE EXHIBIT G POST-CONSTRUCTION STORMWATER MANAGEMENT PLAN EXHIBIT H POST-CONSTRUCTION STORMWATER MANAGEMENT MAINTENANCE PLAN 'Pp-!as > .. 9 ash Rg gia Eg - 5 q s g-= F�q gn L�'� i KI 8 3 Ffn -S G B1S . m o 1d ,I, I 1 _ r - T. 14 m ALL.-"-- El 0 $ } R � - 04 ,p p N Q1ar•i a 1 ;"IIm: ::6ma mry�sma frn, xo am; $aeag m _ a11.- I~�-•� T ; His. s 8 8 § 9 \ 8 t � ma m m m g Ax I II _ i omnma n _ ` a 1 N\ �� \ ti '�', .. 1 Y eu _ m al I a 5 o �aa I e I c :ae --s6� I -, S s H & S �\\ 1v__-' /S��g_,$ _--_ann3nr 1— --- _ jp1 Ie e 1 w ;i;b3 1gs,cC 6 a6; 111111111111111`,A$ P 81 a�I �$ 1$t.m s�m r,, I ill y ---I p �1's m W 1 K_R ---&#mI1 0 e 1� ��ia Ig,BR� asF 1 I L _ i-,il ii f -u!1-•t6,IKv�� I >3�u,5a g G G G _.-JmR _ e '7" ' ,1 wow_ k — &$T S$ —$$ y R iO AYMNN'd131ll5311 I I y C l :NM..r.„.sn_ $G.6 G- ! ua s u R mv11 1ag.'q„ I 1- `' n u Imx s . eg ; e v I as s, 1-- $ $ I N _m 4 -16 R = s E 8 g n 5 .5 ma. 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AE&A CONSULTING GROUP,INC. c.a.E%RIBIr'G ARBOR VIEVErgi r.� POST-CONSTRUCTION SIORMNATER MIAGEMENT RAN rors_r •rx VeW' amrt reenig•Nanning•Enrvonmenlald Field Senile5 EXHIBIT "H" POST CONSTRUCTION STORM WATER MANAGEMENT PLAN MAINTENANCE AGREEMENT This Post Construction Storm Water Management Plan Maintenance Agreement (hereinafter referred to as the "Agreement") is entered in to as of the date set forth below by and between CHARLESTON HOMES, LLC, a Nebraska limited liability company (hereinafter) referred to as the "Property Owner"), SANITARY AND IMPROVEMENT DISTRICT NO. 611 of DOUGLAS COUNTY, NEBRASKA (the "District") and the City of Omaha, Nebraska (hereinafter referred to as the "City"). The Property Owner, District and the City are sometimes referred to herein as the "Parties". WHEREAS, the Property Owner(whether one of more) is the owner of the real property legally described on Exhibit"A"which is attached hereto and incorporated herein by this reference (hereinafter referred to as "the Property"); WHEREAS, the District is the sanitary and improvement district formed to construct, operate and maintain public improvements on and about the Property; WHEREAS, the Parties recognize that the health, safety and welfare of the citizens of the City require that storm water management facilities (hereinafter referred to as the "Facilities") must be constructed and maintained in conjunction with the development of the Property, which Property is located in the jurisdiction of the City; WHEREAS, reference is made to the Post Construction Storm Water Management Plan, for ARBOR VIEW PHASE IV at 211th and Fort Street designated as Public Works Department project number OMA-20220909-6601-P, hereinafter referred to as the"PCSMP")which has been prepared on behalf of the Property Owner and approved by the City, and which is attached hereto as Exhibit"B" and incorporated herein by this reference; and, WHEREAS,the Property Owner agrees that its obligations hereunder shall be binding on present and future owners of the Property, including administrators, executors, successors, heirs, or assigns as the case may be. NOW, THEREFORE, in consideration of good and valuable consideration, the receipt of which is hereby acknowledged by the Parties,the foregoing premises and the terms and provisions contained herein,the Property Owner agrees as follows: 1. The Facilities described in the PCSMP shall be constructed by or on behalf of the Property Owner in accordance with the PCSMP, which has been prepared by the Property Owner and which has been reviewed and accepted by the City or its designee. The Property Owner hereby reserves the right to continue to use the land on which the PCSMP is constructed for any uses or purposes which do not materially interfere with the use or operation of the Facilities or the BMP Maintenance Requirements (defined below). 2. The Property Owner has prepared, and the City has reviewed and accepted the "BMP Maintenance Requirements" which are attached hereto as Exhibit "B" and which are incorporated herein by this reference. Such BMP Maintenance Requirements shall describe the specific maintenance practices to be performed for the Facilities and include a schedule for implementation of these practices. A written record of inspection results and any maintenance work shall be maintained and available for review by the City. 3. The Property Owner until transfer of legal title to one or more of the outlots to the District, and thereafter the District as to transferred outlots, shall, at its sole expense,construct and perpetually operate and maintain the Facilities in strict accordance with the BMP Maintenance Requirements. 4. The Property Owner and District hereby grant permission to the City,its authorized agents and employees, upon reasonable notice and at reasonable times,to enter upon the Property, for inspections to ensure that the Facilities are maintained in accordance with this Agreement; provided, however, any such access by the City onto the Property shall be limited to paved areas and any pervious areas around the Facilities to the extent reasonably necessary to inspect the Facilities. 5. In the event an inspection reveals that the Facilities have not been maintained in accordance with this Agreement and corrective action is needed,the City shall provide the Property Owner or District, as applicable, with written notice specifying what corrective action is reasonably required. If the Property Owner or District, as applicable, has not completed the corrective actions within thirty (30) days of receipt of such notice, the City may perform the necessary corrective work. 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 repairs, and to perform all maintenance, construction and reconstruction as the City reasonably deems necessary.The City shall be entitled to recover from the Property Owner,or District,as applicable, the reasonable costs the City reasonably expends to maintain or repair the Facilities or to correct operational deficiencies in accordance with this Agreement or applicable law. Failure to pay the City all of its reasonably expended costs, after forty-five days written notice, shall constitute a breach of this Agreement. The City shall thereafter be entitled to bring an action against the Property Owner or District, as applicable, to recover such costs, including interest and attorney fees. 6. Neither the Property Owner or District shall obligate the City to maintain or repair the Facilities, and the City shall not be liable to any person for the condition or operation of the Facilities. 7. The Property Owner or District, as applicable, 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 Facilities by the Property Owner or District, as applicable, unless such damages, accidents, casualties, occurrences or claims are caused by the negligence, gross negligence or willful misconduct of the City or its authorized agents or employees. In the event such a claim is asserted against the City, its authorized agents or employees, the City shall promptly notify the Property Owner or District, as applicable, and the Property Owner or District, as applicable, shall have the right to defend and settle, at its own expense, any suit based on such claim. If a final judgment is entered against the City for such a claim,the Property Owner or District,as applicable,shall pay such judgment unless such judgment is based on the negligence, gross negligence or willful misconduct of the City or its agents or employees. 8. Neither the Property Owner or District shall in any way diminish, limit or restrict the right of the City to enforce any of its ordinances as authorized by law. 9. The Property Owner and District, as applicable, shall comply with the time periods set forth in this Agreement; provided,however, that said periods shall be extended for a period or periods of time equal to any period or periods of delay caused by strikes, lockouts, fire or other casualty, the elements or acts of God, refusal or failure of governmental authorities to grant necessary permits and approvals for the construction of the Facilities contemplated hereunder(the Parties agreeing to use reasonable diligence to procure the same), or other causes, other than financial beyond their reasonable control. 10. The provisions of this Agreement are not intended to create, nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or any other similar relationship between the Parties. 11. This Agreement is not intended to create, nor shall it be in any way interpreted or construed to create, any third party beneficiary rights in any person not a party hereto. 12. This Agreement contains the entire agreement between the Parties hereto and supersedes all prior agreements, oral or written,with respect to the subject matter hereof. The provisions of this Agreement may be modified by only written agreement of the City,the Property Owner and District. 13. This Agreement may be modified by written agreement of the Parties hereto. 14. Upon conveyance of the Property,the conveying owner shall thereafter be relieved of any obligations under this Agreement arising out of any act, occurrence or omission that occurs after the date of such conveyance. 15. 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, and inure to the benefit of the Property Owner and District, its successors and assigns. 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" I - U % PA - " a I P Q a1s = g i o "k Sk- & s�� = g w i2 82E 9Y' ' a8 € Wk o wR go �: s5g 4ii z; €I sg "a . .m 051 <d EXHIBIT B BMP Maintenance Requirements Arbor View Phase V (In Douglas County, NE) OMA-20220909-6601-P 211th Street and Fort Street, Omaha, NE I. General BMP Information BMP ID Name BMP Location Basin D: Extended Dry Detention Basin 41.307062, -96.247873 II. BMP Site Location Map (see outlot locations on Exhibit"A") III.- Routine Maintenance Tasks and Schedule for typical BMPs Extended Dry Detention Basin Maintenance Tasks,and Schedule Task.' . Schedule Remove trash and debris Monthly Check and repair and eroded areas Monthly Inspect for erosion and vegetative Monthly,reseed as necessary failure, including overflow path areas and basin backslope Inspect for ponding,washed out Monthly areas, soil conditions Inspect rip-rap at outfall,that it Quarterly,replace as necessary remains in place and is effective Inspect embankment for seepage Quarterly Weed and remove unwanted Semi-annually vegetation Inspect outlet structure and pipes Annually Plug animal burrows Annually Repair broken pipes As needed Remove sediment As needed IV. The Property Owner shall perform maintenance and inspection in accordance with the above table. A written report of all maintenance and inspections shall be prepared annually and kept on file by the Owner for a period covering the last 3 years at all times. The first report shall be prepared within one year of receiving the Certificate of Occupancy. Upon request of the City, the Owner shall provide copies of the annual maintenance inspection reports within three(3) business days.