RES 2019-0610 - Avenue One Subdivision Agmt Outlot 9-11 Outlot C City Clerk Office Use Only:
���/,�/ ��� Publication Date(if.pplic,ble):
RESOLUTION NO. l/ /
Agenda Date: /1
Department: % � r t 1�'•
Submitter: MINIEFre:/f
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CITY OF OMAHA
• LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Jasper Stone 192 & Dodge, LLC, a Delaware limited liability company, proposes
to build a subdivision to be known as Avenue One (Lots 9-11 and Outlot C), which will be located southwest
of 192nd Street and West Dodge Road; and,
WHEREAS, Jasper Stone 192 & Dodge, LLC, a Delaware limited liability company, will build
public and private improvements in this subdivision; and,
WHEREAS, Jasper Stone 192 & Dodge, LLC, a Delaware limited liability company, wishes to
construct a sanitary sewer system and connect said system to the Sanitary Sewer System of the City of
Omaha; and,
WHEREAS, Jasper Stone 192 & Dodge, LLC, a Delaware limited liability company, agrees to
pay Interceptor Sewer fees of $89,920.98, and Watershed Management fees currently estimated in the
amount of$58,781.88, to be paid with the building permit; and,
WHEREAS, Jasper Stone 192 & Dodge, LLC, a Delaware limited liability company, agrees to
pay a 192nd Interchange Fee, currently estimated in the amount of $88,986.20, to be paid to the City as
building permits are issued, which is to be spent on interchange improvements at 192nd Street and West
Dodge Road; and,
WHEREAS, Jasper Stone 192 & Dodge, LLC, a Delaware limited liability company, 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, $12,472.50, is to be paid at the time of final platting, and
the remaining half to be paid as building permits are issued; and,
WHEREAS, Jasper Stone 192 & Dodge, LLC, a Delaware limited liability company, has or will
create Avenue One Master Owners 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.
RESOLUTION NO.AC/)"/ /
PAGE -2-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
THAT, the Subdivision Agreement among the City of Omaha, Jasper Stone 192 & Dodge,
LLC, a Delaware limited liability company, and Avenue One Master Owners Association, as recommended by
the Mayor, providing for the Watershed Management fees, Interceptor Sewer fees, Parks fees, 192nd
Interchange Fee, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The
Subdivision is to be known as Avenue One (Lots 9-11 and Outlot C) and is located southwest of 192nd Street
and West Dodge Road.
P:\rah\1670rah.doc APPROVED AS TO FORM:
f CITY ATTORNEY DATE
•
Adopted: JUL 16 2019
Attest: C
•
City Cle )� f
Approved:
Mayor
SUBDIVISION AGREEMENT
Avenue One(Lots 9-11 and Outlot C)
THIS SUBDIVISION AGREEMENT (this "Agreement") is made and entered into this day of
, 2019, among JASPER STONE 192 & DODGE, LLC, a Delaware limited liability company
(hereinafter referred to as "Subdivider"), AVENUE ONE MASTER OWNERS ASSOCIATION, (hereinafter
referred to as "Association"), 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"
(hereinafter referred to as the"Area to be Developed");and,
WHEREAS,the Subdivider proposes to build public improvements in the Area to be Developed;and,
WHEREAS, the Subdivider wishes to connect the system of sanitary sewers to be constructed within the Area to be
Developed to the sewer system of the City;and,
WHEREAS, the Subdivider has or will create the Association that will be comprised of the property owners of Lots
9-11 and Outlot C Avenue One and future phases of Avenue One;and,
WHEREAS, the parties wish to agree on the method for the installation and allocation of expenses for public
improvements to be constructed in and about the Area to be Developed.
NOW,THEREFORE,IT IS AGREED AS FOLLOWS:
For the purpose of this Agreement,the following words and phrases shall have the following meanings:
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.
SECTION I
Subdivider covenants that Subdivider shall, contemporaneously with the filing of the final plat, present to the City
Clerk for the benefit of the City binding contracts in full force and effect calling for the timely and orderly
installation of the following public improvements,according to the terms of those contracts 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-four(24)
feet in width, except for those streets with a width greater than twenty-four(24) feet,which streets shall be
extra-width paving, if any(approved by the Public Works Department),as shown on paving plans prepared
by Olsson Associates,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
Olsson Associates,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
Olsson Associates,copies of which are attached hereto as Exhibit"D".
1 Rev. 1/1/2018
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 by the
Subdivider 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 by the Subdivider 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 by the Subdivider 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 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.
2. Sidewalks shall be constructed along all street frontages for all outlots as part of the street paving
project.
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.
H. 192nd Street from West Dodge Road to Harney shall be improved to a six-lane roadway, as set forth in
Exhibit G.Douglas County will be the lead agent for the construction of such improvements. Subdivider has
entered into a cost sharing agreement between Subdivider, the County of Douglas,Nebraska, and Sanitary
Improvement District No. 599 of Douglas County, a Nebraska political subdivision ("SID 599") dated
February 26, 2019 for the sharing of costs of 192nd Street improvements (the "192nd Street Cost Sharing
Agreement"). An executed copy of such agreement shall be provided to the City prior to recording the final
plat. The City agrees that should abutting properties that benefit from the 192nd Cost Sharing Agreement
improvements be subdivided in the future or be required to contribute from prior subdivision agreements,
the City will 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 to those fees paid pursuant to the 192"d Street Cost Sharing Agreement from
the abutting benefitted properties.
Traffic signals will be installed at the intersections set forth in Exhibit G.
J. The Subdivider agrees to grade the subdivision so that the elevation at the property line adjacent to 192nd
Street and West Dodge Road shall meet the proposed grade established by the Douglas County Engineer.
Sections shall be certified by the Douglas County Engineer 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.
K. 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
2 Rev. 1/1/2018
management plans to be prepared by Olsson Associates,copies of which are attached hereto as Exhibit"D"
and are subject to the approval of the City. The City has assigned a project number of OMA-20170921-
4274-P)to these plans.
L. 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 "F". The maintenance agreement shall delineate the responsibilities of the
Association and shall be subject to the approval of the City. The maintenance agreement must include
language to control when post-construction stormwater features are constructed, and differentiate between
the requirements of construction site stormwater runoff controls and post-construction controls. The post-
construction stormwater features shall not be installed until such time as they will not be negatively
impacted by construction site runoff. Maintenance actions identified as private, to be performed by the
association,property owner, or other private entity shall run with the land and become the responsibility of
any successors,assigns or future owners,as appropriate.
SECTION II
The parties agree that the entire cost of all public improvements set out in Section I herein will be paid for privately
by the Subdivider and subject to Section III shall be paid and defrayed as follows:
A. One hundred percent (100%) of the entire cost of all street, sidewalk and street tree construction shall be
paid for privately by the Subdivider.
B. One hundred percent (100%) of the entire cost of all sanitary sewers, including manholes and other
appurtenances,shall be paid for privately by the Subdivider.
C. One hundred percent (100%) of the entire cost of water distribution system serving the Area to be
Developed shall be paid for privately by the Subdivider.
D. The entire cost of the installation of electrical power service and gas distribution system shall be paid for
privately by the Subdivider.
E. The Sediment and Erosion Control Plan to be submitted by the City for compliance with NPDES
regulations is attached hereto and incorporated herein as Exhibit "E". The City must approve said plan
prior to City Engineer's second signature on the final plat. The initial construction cost of grading and
piping for temporary sediment and erosion control facilities shall be paid for privately by the Subdivider.
Removal of said sediment and erosion control measures shall be the responsibility of the Subdivider. All
silt basins are to remain in place until the drainage sub-basin serviced by the basin has achieved 70%
vegetative cover and a SWPPP Modification form has been approved by the City Public Works Department
authorizing their removal. Sediment removal shall be paid for privately by the Subdivider.
F. Park fees shall be paid as follows:
1. Trails / Boulevard Fee. There will be no platting fees for trails and boulevards. A Trail and
Boulevard Fee will be assessed at the time of building permit.
2. Community Parks. Approximately fifty percent (50%) of the Community Park (CP) Fee will be
paid by the Subdivider at the time of final platting. This portion of the CP Fee is calculated on a
per-acre basis as follows:
Lots 9-11,Commercial or Industrial,
16.63 Acres @$750.00 per acre $12,472.50
3 Rev. 1/1/2018
' I
The remaining portion of the CP Fee will be assessed at the time of building permits on a per-lot
basis.
G. One hundred percent (100%) of the entire cost of all post-construction stormwater management features,
and related appurtenances,shall be paid for privately by the Subdivider,provided:
1. The Subdivider or Association shall own and maintain these properties in accordance with the
maintenance agreement contained herein. All necessary easements to the City and the Subdivider
shall be granted at the time of platting. Post-construction stormwater management maintenance
identified as the responsibility of the Association shall be performed and funded by the Association
after annexation by the City.
2. Routine mowing, landscaping, screening or other amenities that do not contribute to water quality
shall be paid for by the Subdivider and maintained by the Association.
SECTION III
A. The City acknowledges that Subdivider and Sanitary Improvement District No. 599 of Douglas County, a
Nebraska political subdivision ("SID 599") have entered into a Cost Sharing and Participation Agreement
dated March 29, 2019 (the "HWS Cost Sharing Agreement"), for the installation of certain public
improvements known as the HWS Improvements, as defined in the HWS Cost Sharing Agreement, and has
provided the City with a fully executed copy of the HWS Cost Sharing Agreement. The HWS Cost Sharing
Agreement sets forth the responsibility for constructing the HWS Improvements and the equitable
contribution by and between SID 599 and the Subdivider for such improvements.
B. The City acknowledges and consents to the construction and financial agreements made by Subdivider and
SID 599 in the HWS Cost Sharing Agreement. Pursuant to the terms of the HWS Cost Sharing Agreement,
the Lead Party, as defined in the HWS Cost Sharing Agreement, shall construct the HWS Improvements
and the Non-Lead Party,as defined in the HWS Cost Sharing Agreement,shall be required to reimburse the
Lead Party for the HWS Improvements,to the extent contemplated by and in accordance with the terms of
the HWS Cost Sharing Agreement.
C. Terms used in this Section III with an initial capitalized letter that are not otherwise defined herein shall
have the meanings ascribed to them by the HWS Cost Sharing Agreement.
SECTION IV
A. Subdivider covenants and agrees that the Subdivider will abide by and incorporate into all of its
construction contracts the provisions required by the regulations of the City pertaining to construction of
public improvements in subdivisions and testing procedures therefore.
B. 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.
SECTION V
In the performance of this Agreement, the Subdivider shall not discriminate against any parties on account of race,
color, creed, political or religious affiliation, sex, marital status, sexual orientation, gender identity, national origin,
age,or disability in violation of federal or state laws or local ordinances.
4 Rev. 1/1/2018
SECTION VI
A. Subject to the conditions and provisions hereinafter specified, the City hereby grants permission to the
Subdivider to connect its sewer system to the sewer system of the City, in such manner and at such place or
places designated on plans submitted by the Subdivider and approved by the City.
B. Upon the completion of any sanitary outfall sewer, if any,built by the Subdivider, the City shall be granted
and they shall accept control and operation of the facility. The Subdivider shall convey by proper legal
instrument all its rights, easements, title, and interest in such Sanitary Outfall Sewer to the City. The form
of acquisition shall be upon approved City forms.
C. Without prior written approval by the City, the Subdivider shall not permit any sewer lines outside the
presently described boundaries to be connected to: The sewer or sewer lines of the subdivision,any sewer
from the subdivision's boundaries to the sewers of the City, any outfall sewer of the City, or any sewage
treatment plant of the City. The City shall have exclusive control over connections to its sewers whether
inside or outside the subdivision. The Subdivider shall not collect charges for such connections.
D. At all times, all sewage from and through said subdivision into the City sewer system shall be in conformity
with the ordinances, regulations, and conditions applicable to sewers and sewage within the City as now
existing and as from time to time may be amended.
E. Before any connection from any premises to the sewer system of the Area to be Developed may be made,a
permit shall be obtained for said premises and its connection from the proper department of the City,which
permit shall be obtainable on the same terms, conditions, and requirements of the City and for the same
permit fee of the City applicable from time to time to permit property outside the City to connect to the
sewer system of the City; it being expressly understood that the City reserves the right to collect all
connection charges and fees as required by City ordinances or rules now or hereafter in force; all such
connections shall comply with minimum standards prescribed by the City.
F. Notwithstanding any other provisions of this Agreement, City retains the right to disconnect the sewer of
any industry, or other sewer user within the Area to be Developed, which is discharging into the sewer
system in violation of any applicable ordinance,statute,rule or regulation.
G. The Subdivider warrants that it has not employed or retained any company or person,other than a bona fide
employee working for the Subdivider,to solicit or secure this Agreement,and that it has not paid or agreed
to pay any company or person, other than a bona fide employee working for the Subdivider, any fee,
commission, percentage,brokerage fee, gifts, or any other consideration,contingent upon or resulting from
the award or making of this Agreement. For breach or violation of this warranty, the City shall have the
right to annul this Agreement without liability. The Subdivider shall require the same warranty from each
contractor with whom it contracts in any way pertaining to its sewage system. The prohibition provided for
herein shall not apply to the retention of an attorney or other agent for the purpose of negotiating the
provisions of this Agreement where the existence of such agency has been disclosed to the City.
H. The Subdivider expressly agrees that they are and shall be:
1. Bound by and to any provisions of any ordinances, rules and regulations hereafter made and
adopted by the City applicable to subdivisions whose sewers connect directly or indirectly with or
into sewers or sewage systems of the City;and,
2. Bound by any terms and provisions which by ordinance, resolution or rule of the City shall
hereafter adopt or provide as being applicable to or required in contracts with subdivisions or in
order to permit or continue the discharge of any sewage from a subdivision to flow into or through
any part of the sewer or sewage system of the City.
5 Rev. 1/1/2018
SECTION VII
A. The owner of each lot shall make payment to the City 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 2019,the fee would be as follows:
Lots 9-11,MU,
12.14 Acres @$7,407.00 $89,920.98
B. In the event the Subdivider shall plat additional lots which will be in the subdivision 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 Subdivider and the City agree that payment made under Section VII-A of this Agreement shall
constitute a Special Sewer Connection Fee for the area described in Section VII-A and shall be collected by
the City as a Special Sewer Connection Fee as follows:
1. The Area to be Developed shall be charged the special sewer fee amount as set forth in Section
VII-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 in the amount as shown in Section VII-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
subdivision.
3. In the event of annexation by the City, the Special Sewer Connection Fee shall continue to remain
as a 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 VII-A herein.
E. No sewer permit will be issued by the City for any construction on any lot in the area described in Section
VII-A until payment to the City of the Special Sewer Connection Fee for that particular lot as called for in
Section VII-A.
F. The owner of each lot shall make payment to the City 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 FY2019,the fee would be as follows:
Lots 9-11,Commercial/Industrial/Mixed Use/Institutional,
12.14 Acres @$4,842.00 $58,781.88
G. In the event the Subdivider shall plat additional lots which will be in the subdivision, this Agreement shall
be amended by the parties to provide payment of the current fee for the additional lots before any building
permits are issued by the City.
6 Rev. 1/1/2018
H. The Subdivider and the City agree that payment made under Section VII-F of this Agreement shall
constitute a Watershed Management Fee for the area described in Section VII-F and shall be collected by
the City as a Watershed Management Fee as follows:
1. The Area to be Developed shall be charged the Watershed Management Fee amount as set forth in.
Section VII-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 Area to be Developed in the amount as shown in Section V11-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 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.
The Subdivider agrees that any lot developer shall pay to the City a"192nd Interchange Fee", even if such
lot is within the corporate limits of the City. This fee shall be used by the City toward its share of the cost
of interchange improvements at 192"d Street and West Dodge Road. The 192nd Interchange Fee is to be
assessed to the lot developer by the City at the rate equal to the then-current Arterial Street Improvement
(ASIP)fee(as set forth in the City of Omaha municipal code)on the date that each lot developer applies for
a building permit.
For example,for 2019,the fee would be as follows:
Lots 9-11,Mixed Use
12.14 Acres @$7,330.00/acre $88,986.20
TOTAL: $88,986.20
SECTION VIII
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 C shall be used for entrance signage, stormwater detention, and resource conservation and will be
owned and maintained by the Association.
C. No separate administrative entity nor joint venture, among the parties, is deemed created by virtue of this
Agreement.
D. The administration of this Agreement shall be through the offices of the undersigned officers for their
respective entities.
E. This Agreement shall be binding upon the parties,their respective successors and assigns and runs with the
land shown on Exhibit"A".
[Space Below Intentionally Left Blank—
Signature Page to Follow]
7 Rev. 1/1/2018
.:F
CITY SIGNATURE PAGE—AVENUE ONE SUBDIVISION AGREEMENT
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
—IAq//i gig/�
CITY CLERK Date MAYOR Date
APPROVED AS TO FORM
741. -:7, C c%--19
O-C—ITY ATTORNEY Date
8 Rev. 1/1/2018
DEVELOPER SIGNATURE PAGE—AVENUE ONE SUBDIVISION AGREEMENT
ASSOCIATION
Avenue One Maser Owners Association
PRESIDENT
SUBDIVIDER
JASPER STONE 192&DODGE,LLC,
a Delaware limited liability company
—)
Subdivi er Date
On this4,Lkkaf y of V r 1 , 2019,before me, a Notary Public in and for said County and State,personally
appeared C..&r%- ,President of the Avenue One Master Owners Association,a Nebraska not-for-
profit corporation, who executed the above and acknowledged the execution thereof to be their voluntary act and
deed for an on behalf of the corporation.
State of Nebraska
� �`• 16 , GENERAL NOTARY-
NOTARY PUB[4 i DY SAN KAs�fl?O19
My Commission expires — d— I
My comet.En."°'.
On thisall -day ofQ�`_l , 2019,before me, a Notary Public in and for said County and State,personally
appearedY4- ,-t_yr , 1'� P df.✓ of Jasper Stone 192 & Dodge, LLC, a Delaware limited
liability company, who executed the above and acknowledged the execution thereof to be their voluntary act and
deed for and on behalf of the company.
GENERAL NOTARY-State of Nebraska
01� SANOY KASAD?p59
///TTT111 My Comm.Exp.Nov.10,=
NOTARY PUB -`-
My Commission expires 1 k —'l —
9 Rev. 1/1/2018
SUBDIVISION AGREEMENT EXHIBITS
EXHIBIT A FINAL PLAT
EXHIBIT B STREETS&SIDEWALKS
EXHIBIT C SANITARY SEWER PLAN
EXHIBIT D STORM SEWER PLAN
EXHIBIT E SEDIMENT&EROSION CONTROL PLAN
EXHIBIT F POST-CONSTRUCTION STORMWATER MANAGEMENT MAINTENANCE PLAN
EXHIBIT G 192nd STREET IMPROVEMENT PLAN
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OMAHA,NEBRASKA 12019 REVISIONS
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DRAWN BY: OTS STREETS AND SIDEWALKS VIOLSSASSOON�� �„® B
DATE: iTT@/18
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PROJECT NO. O 6-O 58 SC EXHIBIT
DATE: BY: 6T3 SANITARY SEWER PLAN O'�OLSSON,
DATE: 11/(19/16 ASSOCIATES TrAx o,W.o
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DATE: 12/ BTS STORM SEWER PLAN 0\OLSSON °"" p
DATE: 1?/08/18 F'x 10F'a�sevi
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PROJECT NO: 016-0458 �,,,,,,,�,,,,, ,,,,,� EXHIBIT
DRAWN BY: BTS SEDIMENT AND EROSION CONTROL PLAN 0�1OLSSON=fi; NeT "", E
DATE O4I I16
EXHIBIT "F"
PCSMP MAINTENANCE AGREEMENT
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 JASPER STONE 192ND&DODGE,
LLC, a Delaware limited liability company (hereinafter) referred to as the "Property Owner"), AVENUE ONE
MASTER OWNERS ASSOCIATION, a Nebraska not for profit corporation (the "Association") and the City of
Omaha, Nebraska (hereinafter referred to as the "City"). The Property Owner, Association 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 Association is the owners association for the Property under a Construction,Operation and
Reciprocal Easement Agreement recorded against the Property and is charged with certain outlot maintenance
responsibilities under said Declaration of Covenants;
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 Candlewood
Hills at 124`h Plaza and West Dodge Road designated as Public Works Department project number OMA-
, (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 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).
Upon Recording Return to:
James D.Buser
Pansing Hogan Ernst&Bachman,LLP
10250 Regency Circle,Suite 300
Omaha,Nebraska 68114
2. The Property Owner has prepared, and the City has reviewed and accepted the "BMP
Maintenance Requirements" which are attached hereto as Exhibit"C" 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 the outlots to the Association, and thereafter the
Association, 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 Association 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 Association, as
applicable, with written notice specifying what corrective action is reasonably required. If the Property Owner or
Association,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 Association, 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 Association,as applicable,to recover such costs,-including interest and attorney fees.
6. Neither the Property Owner or Association 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 Association,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 Association, 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 Association, as applicable, and the Property Owner or Association, 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 Association, 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 Association 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 Association,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 Association.
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 Association,its successors and assigns.
[Space Below Intentionally Left Blank—
Signature Page to Follow]
IN WITNESS WHEREOF, the Property Owner has executed this Agreement this day of
,2019.
AVENUE ONE MASTER OWNERS
ASSOCIATION
By:
Date:
JASPER STONE 192ND&DODGE,LLC
By:
,II,
Date:
STATE OF NEBRASKA
) ss.
COUNTY OF DOUGLAS )
On this day of ,2019,before me,a Notary Public in and for said County and State,personally
appeared , Manager of Jasper Stone 192nd & Dodge,LLC, a Delaware limited liability company,
who executed the above and acknowledged the execution thereof to be their voluntary act and deed on behalf of the
Company.
NOTARY PUBLIC
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
On this day of ,2019,before me,a Notary Public in and for said County and State,personally
appeared ,President of the Avenue One Master Owners Association, a Nebraska not-for-profit
corporation, who executed the above and acknowledged the execution thereof to be their voluntary act and deed on
behalf of the Corporation.
NOTARY PUBLIC
AT EST: CITY OF OMAHA
CITY CLERK Puk1/3th
MAYOR D e
,/e__94— ---lt3)0Aq
�TTY
ACTING
EDA FO
t ,
7t 1
ITY ATT ate