RES 2019-0680 - Maintenance agmt - Jasper Stone 192 & Dodge LLC and Avenue One Master Owners AssociationRESOLUTION NO.
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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, and the
Avenue One Master Owners Association, a Nebraska not for profit corporation, propose to install median,
irrigation facilities, landscaping and other roadside features within the rights -of -way at the development of
Avenue One, which will be located southeast and southwest of 192nd Street and West Dodge Road; and,
WHEREAS, the Avenue One Master Owners Association, a Nebraska not for profit
corporation, will maintain or cause to be maintained all features identified in the Agreement at its sole cost;
and,
and,
WHEREAS, all features to be installed shall be subject to administrative approval by the City;
WHEREAS, a Maintenance 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 Maintenance Agreement among the City of Omaha, Jasper Stone 192 & Dodge,
LLC, a Delaware limited liability company, and the Avenue One Master Owners Association, a Nebraska not
for profit corporation, as recommended by the Mayor, providing for the maintenance of roadside features and
landscaping within the rights -of -way at the Avenue One development located southeast and southwest of
192nd Street and West Dodge Road, is hereby approved.
P:\rah\1684rah.doc APPROVED AST ORM:
CITY ATTORNEY DATE
-1-D
Adopted: AUG 13 2019
Attest:
City Clerk L
Approved: "W
Mayor
STREETSCAPE AND ENTRANCE SIGN
MAINTENANCE AGREEMENT
AVENUE ONE
THIS STREETSCAPE AND PENRANCE IGN MAINTENANCE AGREEMENT (this "Agreement"),
is made and entered into this day of , 2019, by and between JASPER STONE
192 & DODGE, LLC, a Delaware limited lia ility company (hereinafter referred to a "Developer"),
AVENUE ONE MASTER OWNERS ASSOCIATION, a Nebraska not for profit corporation (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, Developer is the owner of and is having developed Phase 1 and Phase 2 of the
Avenue One subdivision consisting of Lots 1 through 11, inclusive, and Outlots A through C, Avenue
One, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska (hereinafter referred
to as the "Development"); and
WHEREAS, the Association was or will be incorporated to act under a Master Declaration of
Covenants, Conditions and Restrictions for Avenue One, Douglas County, Nebraska; and
WHEREAS, the Developer and Sanitary Improvement District No. 599 of Douglas County,
Nebraska will construct or cause to be constructed street and entrance signage improvements for those
portions of the right-of-way identified on the streetscape plan, attached hereto as Exhibit "A" (the
"Streetscape Plans"); and
WHEREAS, the Association has been created to (among other things) be responsible for
performing or facilitating ongoing maintenance of improvements outside of the scope that the City
traditional maintains as provided herein; and
WHEREAS, the parties wish to agree upon the manner and the extent to which the Association
shall maintain or cause to be maintained the improvements reflected in the Streetscape Plans.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The Association will maintain or cause to be maintained, at its own expense,
improvements which are not traditionally maintained by the City. Specifically, the Association shall cause
the median, irrigation facilities, landscaping, sidewalks and paths, green areas, entrance signs and other
extra amenities shown on the Streetscape Plans to be maintained. Such maintenance shall include, but not
be limited to, irrigation, trimming and weeding of landscaping, sweeping, snow removal and repairs,
removal or replacement of sidewalks and paths and repair, removal or replacement of landscape features,
green areas, entrance signs and other amenities. This maintenance shall further include repair or
replacement of any nonstandard fixtures shown on the Streetscape Plans.
2. Standard street lighting electricity costs will be the responsibility of the City, with the
Association to be responsible for excess electrical costs for non-standard street lighting fixtures as
separately billed by OPPD or upon invoice by the City.
3. The City represents and warrants that the Association shall have the right to install,
maintain, remove, repair, replace or otherwise modify the installations shown on the Streetscape Plans
subject to administrative approval by the City, which approval shall not be unreasonably withheld or
delayed.
4. The City will not maintain or fund the maintenance of the improvements shown on the
Streetscape Plans or other private amenities except as specifically identified above.
5. No separate administrative entity nor joint venture among the parties is deemed created
by virtue of this Agreement.
6. The administration of this Agreement shall be through the offices of the undersigned
officers for their respective entities.
assigns.
7. This Agreement shall be binding upon the parties hereto, their respective successors and
[Space Below Intentionally Left Blank —
Signature Page to Follow]
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.
Z�- I
City Clerk
JASPER STONE 192 & DODGE, LLC
By: /�O)
CUYI Hofe Manager
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
CITY OF OMAHA
By J�
Mayor Dat
AVENUE ONE MASTER OWNERS
ASSOCIATION
By:
Curt Hofer rest ent
The foregoing instrument was acknowledged before me this—)*l . day of U m n e.- ,
2019 by Curt Hofer, President of Avenue One Master Owners Association.
GENERAL NOTARY - State of Nebraska
SANDY KASADA
My Comm. Exp. Nov.10, 2019
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
Notary Public
VED AS
l3
Deputy City Attorney Date
The foregoing instrument was acknowledged before me this day of k ►1 L
2019 by Curt Hofer, Manager of Jasper Stone 192 & Dodge, LLC.
TME
ebraskaA 2o1s Notary Publi
A VED AS
Deputy City Attorney Date