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RES 2018-0816 - Subdivision agmt, Summer Hill Farm OF 0141HA,NFe� 4 Pu i1ic Works Departinent ' �,� t: ! V: ! Traffic Engineering Division . f � ,,�r Omaha/Douglas Civic Center x �o 1819 Farnam Street,Suite ter ; �` � 2016 AUG 17 PM 12: 26 Omaha,Nebraska 68183-0601 fA ry AUG2 Q 2018 (402)444-5220 oR'�ED FEaRvr4� V O Fax(402)444-5248 RIC City of Omaha ,CITY C L, t A Robert G. Stubbe,P.E. Jean Stothert,Mayor ��: �r+ �''' Public Works Director Honorable President and Members of the City Council, The attached Resolution approves the Subdivision Agreement among KMS-168, LLC, a Nebraska corporation, the Summer Hill Farm Homeowners Association, Sanitary and Improvement District (S.&I.D.) 581 of Douglas County, Nebraska, and the City of Omaha. This Subdivision Agreement covers the public improvement of Summer Hill Farm (Lots 1-160 and Outlots A-K), a subdivision located southeast of 168th and State Streets. This Agreement stipulates which public improvements will be built by S.&.I.D. 581, those which will be paid for by special assessment and those to be paid for by General Obligation of S.&I.D. 581. The estimated total cost of improvements is $11,313,100.00, of'which $2,554,100.00 will be paid by General Obligation. The Agreement provides for Interceptor Sewer Fees in the amount of$207,680.00 and Watershed Management Fees currently estimated in the amount of $141,760.00 to be paid as building permits are issued. The Agreement provides for Park Fees 'as follows: Trail & Boulevard Fee, to be assessed as building permits are issued; and Community Parks Fee, approximately half of which, $30,023.20, 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. The Agreement provides an administrative fee to be paid by the District to the City based on 1.% of the construction costs. The fee for this phase of construction is $35,100.00. The City will use this fee to fund additional personnel in the Planning and Public Works Departments to facilitate the processing of developments. • Honorable President and Members of the City Council Page 2 The Public Works Department requests your consideration and approval of the attached Resolution and Subdivision Agreement. • Respectfully submitted, This action has been reviewed and found to be in conformance with the Master Plan. 7- Z -,� V•Irfl44/" . 4/4143 R obert G. Stubbe, P.E. Date David K. Fanslau Date Public Works Director Planning Director Approved as to Funding: Referred to City Council for Consideration: 7 z6 fr ,�, k (5J e/ri 'h Ste en B. Curtiss Date Mayor's Office Date Finance Director ••. oved: • � 1 :rook Bench, Director Date Parks, Recreation and . P:\rah\1589rah.doc Public Property Department City Clerk Office Use Only: Publication Date(if appli able): RESOLUTION NO. Agenda Date: g ig Department: ) C1 iA) _S Submitter: /tS CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, KMS-168, LLC, a Nebraska corporation, proposes to build a subdivision to be known as Summer Hill Farm (Lots 1-160 and Outlots A-K) which will be located southeast of 168th and State Streets; and, WHEREAS, Sanitary and Improvement District (S.&I.D.) 581 will build public and private improvements in this subdivision; and, WHEREAS, KMS-168, LLC, a Nebraska corporation, and S.&I.D. 581 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. 581 agrees to pay $35,100.00 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 $207,680.00 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 $141,760.00 will be collected by the City as Building Permits are approved in the subdivision; and, WHEREAS, S.&I.D. 587 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, $30,023.20, 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. 1g 1 Li' • PAGE -2- • WHEREAS, KMS-168, LLC, a Nebraska corporation, has or will create the Summer Hill Farm 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, KMS-168, LLC, a Nebraska corporation, the Summer Hill Farm Homeowners Association, and Sanitary and Improvement District (S.&I.D.) 581 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 Summer Hill Farm (Lots 1-160 and Outlots A-K) and is located southeast of 168th and State Streets. P:\rah\1590rah.doc APP VED AS TO FORM: al TY ATTORNEY DATE Adopted: SEP 18 20181 -D Att t: ..,,K:�.,� _...L_ ity Clerk 41,_Approved: � -t°�-� �- Mayor SUBDIVISION AGREEMENT Summer Hill Farm(Lots 1-160 and Outlots A-K) THIS AGREEMENT,made and entered into this 01 day of JIL�I ,2018,among KMS-168,LLC.,a Nebraska corporation, (hereinafter referred to as "Subdivider" , Summer Hill Farm Homeowners Association, (hereinafter referred to as "Association") SANITARY AND IMPROVEMENT DISTRICT NO 581 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 Summer Hill Farm Homeowners Association comprised of the property owners of Lots 1-160 and Outlots A,C,E,F,H,J,and K,inclusive Summer Hill Farm; 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: 1 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. Outlots A, C, E, F,H,J, and K are common areas and therefore are not building sites. Outlots A, C, E, F, H, J, and K, inclusive shall be owned and maintained by the Association, the Subdivider, and their successors or assigns. Outlots B, D, G and I are stormwater detention areas and therefore are not building sites. Outlots B,D,G and I and 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. "Linear Trail Corridor" shall mean property acquired as public property for the construction of public recreational trails. Facilities developed within this trail corridor shall be limited to: trail paths,landscaping, boundary fencing, signage, benches, lighting, utilities and parking areas. The maintenance level of these properties shall be at a lesser standard than that provided for park property. E. "General obligation" shall mean unassessable capital costs. • 1 Rev. 1/1/2016 SECTION I Subdivider, and District covenant that Subdivider shall, and the District covenants that the District will contemporaneously with the filing of the final plat, present to the City Clerk for the benefit of the City binding contracts in full force and effect calling for the timely and orderly installation of the following public improvements, according to the terms of those contracts. That the District shall also provide and deliver to the City written confirmation of a binding agreement between the District and its fiscal agent calling for the placement of the warrants or bonds of the District for the installation of the improvements set forth herein: 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 the District's engineer,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 the District's engineer,copies of which are attached hereto as Exhibit"B". 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 the District's engineer,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)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-street paving project. 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 along 168th Street,as identified in Section I(H)herein. 2 Rev. 1/1/2016 H. 168th Street at the property frontage north and south of the Reynolds Street entrance shall be improved to a three-lane roadway as shown in Exhibit B attached hereto. 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. Sidewalks shall be constructed along the subdivision's 168th Street frontage but only in the areas where pavement improvements match the ultimate grade established by the Douglas County Engineer. The Subdivider agrees to grade the subdivision so that the elevation at the property line adjacent to State Street and 168th Street shall meet the proposed grade established by the Douglas County Engineer for a five-lane section road. Sections shall be submitted to the Douglas County Engineer and elevations certified by the District's engineer prior to recording the final plat. 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 the District's engineer, 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-20170425-4058-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 168th and State Streets (hereinafter referred to as "Intersection Improvements"), as shown on Exhibit "B-3" attached hereto,on a"deferred basis"per Section 53-9(12)(b)of the Omaha Municipal Code. 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 recurring; 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 3 Rev. 1/1/2016 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 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. M. An outfall sewer will be constructed by the District and will connect into the existing City Interceptor Sewer as shown on the attached Exhibit "B-2". The City agrees that should abutting properties that benefit from outfall sewer are subdivided in the future,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 approval of the abutting benefited properties a reimbursement or contribution from abutting benefited properties that will connect to the outfall sewer constructed by the District both upstream and downstream of the District. 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. 4 Rev. 1/1/2016 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"B-2". 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 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, 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 5 Rev. 1/1/2016 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 30 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. 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 1-160,Residential, 75.058 Acres @$400.00 per acre TOTAL: $30,023.20 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 $35,100.00, 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. Street, sewers and sidewalks adjacent to land acquired for post-construction stormwater management features shall be specially assessed or paid for privately. N. Post construction storm water management facilities will be located within Outlots"B,""D,""G" and"I," Summer Hill Farm as shown on Exhibit"A." The District will be allowed to install and maintain said Post Construction Stormwater Management facilities as shown on Exhibit"H," Post Construction Management Plan and as outlined in Exhibit "H," "Post Construction Management Facilities Maintenance Agreement and Easement." The District will be allowed to purchase that portion of the Outlots to be used as post construction storm water management facilities and may be a General Obligation of the District. The cost 6 Rev. 1/1/2016 of the installation and maintenance of post construction storm water management facilities may be a general obligation of the District. The District is authorized to pay for the acquisition of Outlots`B,""D," "G" and "I," which is land reserved for permanent Post Construction Stormwater Management Facilities. The authorized acquisition cost to be paid to Subdivider is as follows: Outlot`B," 1.48 Acres at$33,500 per acre = $49,500 Outlot"D,"0.31 Acres at$33,500 per acre = $10,385 Outlot"G,"0.83 Acres at$33,500 per acre = $27,805 Outlot"I,"0.86 Acres at$33,500 per acre = $28,810 Total Acquisition Cost =$116,500 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. The estimated general obligation of the District is estimated to be $2,554,100, as shown on the Source & Use of Funds, Exhibit"D". The District valuation is estimated to be $67,640,000 (95%), as shown on Exhibit"D", for a debt ratio of 3.78%. 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 $2,554,100, 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: 7 Rev. 1/1/2016 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, 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 8 Rev. 1/1/2016 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 all of the territory of the District, the District shall not, until the earlier of (i) final annexation, or (ii) nine (9) months from the District's receipt of written notice of intent of annexation, enter into any contract or spend assets except as provided in Section 33-114 R.R.S, as amended. Any such contract that is not first approved by the City Engineer or their designee 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. 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 9 Rev. 1/1/2016 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 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 2018,the fee would be as follows: Lots 1-160,Single Family or Duplex Residential, 10 Rev. 1/1/2016 Units @$1,298.00 TOTAL: $207,680.00 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. 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 FY2018,the fee would be as follows: Lots 1-160,Single Family or Duplex Residential, Units @$886.00 TOTAL: $141,760.00 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. 11 Rev. 1/1/2016 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. Outlots A,C,E,F,H,J,and K shall be used for Common and landscape areas and will be owned and maintained by the Association. Outlots B,D,G,and I are water quality basins and will be owned and maintained by the District. C. No separate administrative entity nor joint venture,among the parties,is deemed created by virtue of the Subdivision Agreement. D. The administration of this Subdivision Agreement shall be through the offices of the undersigned officers for their respective entities. E. This Subdivision Agreement shall be binding upon the parties,their respective successors and assigns and runs with the land shown on Exhibit"A". 12 Rev. 1/1/2016 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 piitathivu DEVUi%CITY CLE ate MAYOR Da e ATTEST: SANITARY AND IMPROV EN D ISTRICT NO. SANITARY AND IMPROVEMENT DISTRICT 581 OF DOUGLAS CO.EBRA, NO.581 OF DOUGLAS CO.,NEBRASKA a n 010 $ �. 1 wig q, RK iDate CHAIRM' Date Al EST: SUMMER HILL FARE, OMEO ' NERS ASSOCIATI•N A/ Z9;0°,7 ' SI i wfT KMS-168,LLC APPROVED AS TO FORM u d. i Date CITY ATTORNEY Date 13 Rev. 1/1/2016 State of Nebraska ) )ss County of Douglas )On this /4 day of ,20 if ,before me,a Notary Public in and for said County and State,personally appeared Olt Manager of KMS-168,LLC,who executed the above and acknowledged the execution thereof to be their voluntary act and deed. NO'l Y PUBLIC GENERAL NOTARY-State of Nebraska My Commission expires c f 24' I in DANIEL D.WALSH My Comm.Exp.Feb.2,2021 State of Nebraska ) )ss County off Douglas ) p On this l=( day of ,20 t 0 ,before me,a Notary Public in and for said County and State,personally appeared YA i alt0:4 JJu't,President of the Summer Hill Farm Homeowners Association,who executed the above and acknowledged the execution thereof to be their voluntary act and deed. t 6-tA NO PUBLIC My Commission expires (9- al •.e) GENERAL NOTARY-State of Nebraska m DANIEL D.WALSH My Comm.Exp.Feb.2,2021 14 Rev. 1/1/2016 SUBDIVISION AGREEMENT EXHIBIT EXHIBIT A FINAL PLAT EXHIBIT B PAVING,SANITARY SEWER AND OUTFALL SEWER PLAN EXHIBIT B-2 OUTFALL SEWER PLAN EXHIBIT B-3 168T''AND STATE INTERSECTION IMPROVEMENT PLANS(DEFERRED) EXHIBIT C SEDIMENT&EROSION CONTROL PLAN EXHIBIT D SOURCE&USE OF FUNDS EXHIBIT D-2 VALUATION INFORMATION AND DEBT RATIO EXHIBIT D-3 DETAILED BREAKDOWN OF ALL SOFT COSTS EXHIBIT E STORMWATER POLLUTION PREVENTION 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 YAW EGN'.tulnoo snonoo 1 l>t HonoaHL v s o-uno ow oat HOnoaHL sioi)nave 11IH Fnnnns n. 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' � �, .'% j�l 401 s 4,,$},� r ,��`' q' ,l ..£, . .�.. ` ,/2' 1', rr, I'I 41IIl1l $see ll6 reil', r,;n ' p, ',FEE.;„,o.1L�``,.....`.., \`` *r, ,a....-:_dtz, y,Ys� lci,:hiii, i9��GB9 3�3'o �,"ia' UN ; ..�• "i �i1h ')'s InL..L1'7�w+ji'r_.. _ f+.-'%'`;', !� a i i I N 1 V 1 9p r ' X IT ri 168th State(SE) ) t �'- r Summer Hill Farm ORDER OF MAGNITUDE COST ESTIMATE Phase 1 Deferred Proposed Improvement Quantity Unit Construction Cost Total Cost General Special Reimbursable General Obligation Obligation SANITARY SEWER Interior 8,840 LF $713,500.00 $1,040,900.00 $0.00 $1,040,900.00 $0.00 Outfall 1,643 LE $287,900.00 $405,200.00 $324,200.00 $0.00 $81,000.00 Connection Fees-Outfall Sewer - Lots $0.00 $0.00 $0.00 $0.00 $0.00 STORM SEWER 2,455 LF $547,000.00 $754,400.00 $754,400.00 $0.00 $0.00 Acquisition 3.48 AC $116,600.00 $136,900.00 $136,900.00 $0.00 $0.00 PAVING Minor 31,000 SY $1,363,200.00 $1,914,300.00 $488,700.00 $1,425,600.00 $0.00 Major 168th St.(turn lanes and to South to Highland Hills) 2,640 TON $465,700.00 $624,000.00 $249,800.00 $0.00 $374,200.00 INTERSECTION IMPROVMENTS Major 168th St.South 3,859 SY $500,600.00 $708,100.00 $0.00 $0.00 $0.00 $708,100.00 Major 168th St.North 4,788 SY $829,900.00 $1,168,300.00 $0.00 $0.00 $0.00 $1,168,300.00 Major State St.West 3,508 TON $1,015,300.00 $1,429,400.00 $0.00 $0.00 $0.00 $1,429,400.00 Major State St.East 2,463 TON $974,100.00 $1,371,400.00 $0.00 $0.00 $0.00 $1,371,400.00 SIDEWALKS 13,200 SF $135,700.00 $176,000.00 $176,000.00 $0.00 $0.00 PARKS Park Fees 75.058 AC $30,000.00 $34,100.00 $34,100.00 $0.00 $0.00 WATER Interior 1 LS $469,500.00 $670,900.00 $0.00 $670,900.00 $0.00 Off-Site 1 LS $418,700.00 $519,600.00 $350,700.00 $0.00 $168,900.00 POWER 171 Lots $230,900.00 $320,300.00 $0.00 $320,300.00 $0.00 GAS 1 LS $0.00 $0.00 $0.00 $0.00 $0.00 PLAN REVIEW FEE 1 % $35,100.00 $39,300.00 $39,300.00 $0.00 $0.00 Total I $8,133,700.001 I $11,313,100.00I I $2,554,100.001 I $3,457,700.001 1 $624,100.001 I $4,677,200.001 L:\Engineering\0116075 Summer Hill Farm\DESIGN DATA\ 7/18/2018 1:04 PM Page 1 of 1 ESTIMATE 16075-Phase 1.xlsx 168th State(SE) : BIT to, ® 2 Summer Hill Farm DEBT RATIO - Phase 1 ASSUMPTIONS Average market Value Per Residential Home 1 = $475,000.00 (Includes Land Value) Average market Value Per Residential Home 2 = $425,000.00] (Includes Land Value) Average market Value Per Residential Home 3 = (Includes Land Value) Commercial Land Value per square foot = Commercial Building Value per square foot = Apartment Land per square foot = Apartment Building per square foot = ASSESSABLE VALUATION Residential Home 1 64 Units= $475,000.00 = $30,400,000.00 Residential Home 2 961 Units = $425,000.00 $40,800,000.00 Residential Home 3 • Units = $0.00 = $0.00 Commercial Land AC= $0.00 = $0.00 Commercial Building SF = $0.00 = $0.00 Apartment Land AC = $0.00 = $0.00 Apartment Building Units= $0.00 = $0.00 Total 100%Valuation = $71,200,000.00 Total 95%Valuation = $67,640,000.00 DEBT RATIO = 3.78% L:\Engineering\0116075 Summer Hill Farm\DESIGN DATA\ 7/18/2018 1:06 PM Page 1 of 1 ESTIMATE 16075-Phase 1.xlsx d E5 4-6 E E E i 0E t (I { d _ 1E 4 , 1B4 O0 0 a �I .d {t d ---Y ..4 `�.v'�z.z..�- c'�54�a��y�iv �A-mk,-v►",E•",`% ��' 4-11W.a�-�,y5,--`►`.-- - c-4-_ ��.„,;0 �1'�`�*:I )p 4:72itirc"%rjaitWgir• -::-----11. ----:---: E'=:-,FAIMPapitir , ..tr, _ ...=-1 ,700_,-ali .�TF�7�i. ._, -_': I 1 ,,,, . • -- . -- •pi-Tio 1.-- .T--.----,•-• - it i a5-' �a�' ,�+�.ydill3dai6� (� sT�,4MiM--.“1ii�s0;4.11 ➢la�NIUM a rsla,.rW. r •:I Ter•'��- dilSsf�sdRSgsCy - sPrrew.dw ��re ► �E�sa �d��'ey/f�iptaae�My�ridrFr�/A,m %"''I(�!i9 ��► 4 .. �F. .i�4,/Q1_y' i-. wry;E� EA 7•!10,4drt�._,-f. ? _Bii;e; N':' I a, ,,R!rYA.by.p,F .,,,... :c_:ab ... �'i`iy' • Cy !hs9'' - i -1 # � .'fin LAB--- 7 ` t_P' „/.!OI:`Jt4 j D2ij -.+ i.0, ,.._ • IN._'J.VSit, -_ J�f O - y.r a e_ -A�- 14, �. 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I ' g g R R A g gg � B e R S i a d ¢� �$� ill6 3 --; , ,.I I ;I I. kQ € 6 C i k 8 fifi FF A �f XX E g FFFF L 1 _. @ I q 9 11 v 14710 Wcal Dadga fload,sous 100 402.466.2a69I P " A FINAL PLAT ExHIBfT LAMP RYNEARSONA Omaha,Ne6rasea 88154-2027 402.496.2490I F $ POST CONSTRUCTION STORMWATER & A S S O C I A T E S YeNY'`�"1n"°m �n € MANAGEMENT PLAN - ,.. ,,,.a, 1f SUMMER HILL FARM �, 5 DOUGLS COUNTY, NEBRASKA EXHIBIT "I" ATTACHMENT POST-CONSTRUCTION STORMWATER MANAGEMENT MAINTENANCE PLAN 1. Construction site stormwater runoff controls a. Grading will maintain existing drainage patterns as much as possible and direct excess runoff towards sediment basins. b. Seeding of grass will occur within four months of final grading and will remain permanently. c. As large equipment is needed on site, construction entrances will be installed where construction traffic leaves or enters an existing paved road. Construction entrances will be removed as paving is completed. d. Sediment basins will be constructed before additional grading takes place. After construction is complete, the basins will remain as permanent dry detention ponds. e. Silt fences will be installed during and after grading and will be placed in key locations across the site. When land disturbing activities are completed and permanent soil stabilization takes place, the fences will be removed. f. As inlets are constructed, storm drain inlet protective measures will be installed. After seeding develops, inlet protection will be removed. 2. Post construction stormwater management features a. Multiple dry detention ponds will remain in key area on-site. b. Green space will remain as much as possible. 3. Timing of installation of post-construction stormwater management features a. Sediment basins will be created during grading and after the site is fully developed these sediment basins will remain and act as dry detention ponds. b. As seeding develops, grass will remain permanently as green space. 4. Maintenance responsibilities of the District a. Check and replace any eroded areas b. Inspect for ponding, washed out areas, and soil conditions c. Inspect outlets for structural damage or clogging d. Remove sediment 5. Maintenance responsibilities of the Association a. Removal of trash and unwanted debris b. Routine mowing, landscaping c. Vegetation removal and control d. Maintenance of adjacent sidewalks 6. Transfer of Maintenance Responsibilities a. This maintenance Agreement shall be binding upon the parties, their respective successors and assigns and runs with the land shown on Exhibit "A". Name and Location Project Name: Summer Hill Farm Address: Southeast corner of 168th and State Streets Site Data Total Site Area: 75 Acres Total Disturbed Area: 75 Acres Total Undisturbed Area: 0 Acres Curve Number (CN) Before Construction: 75 Curve Number (CN) After Construction: 75 BMP Information and Maintenance The Best Management Practices (BMPs) to be used onsite as part of the Post Construction Stormwater Management Plan include the following: BMP ID Type of BMP Latitude/ Longitude: BMP #1 Dry Detention Pond A (Outlot I) With Water 41°20'6.17"N, Quality Riser 96°10'31.29"W BMP #2 Dry Detention Pond B (Outlot G) With Water 41°19'56.78"N Quality Riser 96°10'26.64"W BMP #3 Dry Detention Pond C (Outlot B) With Water 41°19'52.61"N Quality Riser 96°10'29.39"W BMP #4 Dry Detention Pond E (Outlot D) With Water 41°19'52.24"N Quality Riser 96°10'26.04"W The BMPs used onsite require the following maintenance tasks: BMP#1 #2, #3 and:#4.- Dry D:etention'Pond,.With Water Quality Riser. Task` �_K Remove trash and debris Monthly Check and replace any eroded areas Monthly Inspect for ponding, washed out areas, soil Monthly conditions Inspect outlets for structural damage or Monthly clogging Remove unwanted vegetation Monthly _ Remove sediment As needed Pest control As needed NO. Item Submitted By: Ryan Haas Department: Public Works Council Meeting Date: September 18, 2018 Res. that, the Subdivision Agreement among the City of Omaha, KMS-168, LLC, a Nebraska corporation, the Summer Hill Farm Homeowners Association, and Sanitary and Improvement District (S.&I.D.) 581 of Douglas County, Nebraska, as recommended by the Mayor, is hereby approved. The Subdivision is to be known as Summer Hill Farm (Lots 1-160 and Outlots A-K) and is located southeast of 168th and State Streets. 11A Presented to City Council September 18, 2018 APPROVED 7-0 8/zabeth Metier City Clerk