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RES 2017-0321 - Subdivision agmt, Andresen Meadows Estates O�\�MA.HA,l,F�� Public Works Department ° � Traffic Engineering Division ofi' Or' Omaha/Douglas Civic Center ® (*A ell March 7, 2017 , F 1819 Farnam Street,Suite 603 0 3a� �(l.inaha,Nebraska 68183 0601 (402)444-5220 41-ED FE943P Fax(402)444-5248 City of Omaha Robert G. Stubbe,P.E. Jean Stothert,Mayor Public Works Director Honorable President and Members of the City Council, The attached Resolution approves the Subdivision Agreement among JHBF, LLC, a Nebraska corporation, The Andresen Meadows Estates Home Owners Association, Sanitary and Improvement District (S.&I.D.) 555 of Douglas County, Nebraska, Sweetwater Inc., Tyler S. Bruhn,BSC Farms,Inc., Stasha Service Company,LLC,and the City of Omaha. This Subdivision Agreement covers the public improvement of Andresen Meadows Estates (Lots 1-87 and Outlots A-F), a subdivision located southwest of 176th and Emmet Streets. This Agreement stipulates which public improvements will be built by S.&.I.D. 555,those which will be paid for by special assessment and those to be paid for by General Obligation of S.&I.D. 555. The estimated total cost of improvements is $3,802,052.00 of which $1,421,438.00 will be paid by General Obligation. The Agreement provides for Interceptor Sewer Fees in the amount of$101,442.00 and Watershed Management Fees currently estimated in the amount of$75,168.00 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, $16,794.80, 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 $19,496.00. 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 i conformance with the Master Plan. 4'64-434-14*A'14—el Z -i " ✓ - $Z/l 7f(7 Robert G. Stubbe, P.E. Date ames R. Thele Date Public Works Director Planning Director Approved as to Funding: Referred to City Council for Consideration: se/( .4 „_,6674. tep 6 n t Curtiss Date Mayor's Office /Date Finance Director DD c Ap}�e�ed: ench, Director Parks, Recreation and P:\rah\1437rah.doc Public Property Department SUBDIVISION AGREEMENT Andresen Meadows Estates(Lots 1 Thru 87 and Outlots"A"Thru"F") THIS AGREEMENT, made and entered into this,/- day of 9)4y1 , 20,7, among JHBF, LLC, a Nebraska corporation, (hereinafter referred to as "Subdivider"), The Andresen Meadows Estates Home Owners Association, (hereinafter referred to as "Association") SANITARY AND IMPROVEMENT DISTRICT NO 555 of DOUGLAS COUNTY,NEBRASKA, (hereinafter referred to as "District"), Sweetwater Inc., Tyler S. Bruhn, BSC Farms, Inc., Stasha Service Company, LLC and the CITY OF OMAHA, a Municipal Corporation in the State of Nebraska(hereinafter referred to as"City"). WITNESSETH WHEREAS, Subdivider is the owner of the land included within the proposed plat attached hereto as Exhibit "A", which parcel of land(hereinafter referred to as the"Area to be Developed")is outside the corporate limits of the City and within the City's zoning and platting jurisdiction;and, WHEREAS, the Subdivider proposes that the District will build public improvements in the area to be developed; and, WHEREAS, the Subdivider and the District wish to connect the system of sanitary sewers to be constructed by the District,within the area to be developed,to the sewer system of the City;and, WHEREAS, THE Subdivider has or will create the Andresen Meadows Estates Home Owners Association, Inc. comprised of the property owners of Lots 1 Thru 87 and Outlots"A"Thru"F",Andresen Meadows Estates;and WHEREAS, the parties wish to agree upon the manner and the extent to which public funds may be expended in connection with public improvements to be constructed within the area to be developed or serving the area to be developed and the extent to which the contemplated public improvements specially benefit property in the area to be developed and to what extent the cost of same shall be specially assessed. NOW,THEREFORE,IT IS AGREED AS FOLLOWS: For the purpose of this Agreement,the following words and phrases shall have the following meanings: A. The "cost" or "entire cost" of a type of improvement shall be deemed to include all construction costs, engineering fees, attorneys' fees, testing expenses, publication costs, financing costs and miscellaneous costs. In this connection, financing costs shall include all fiscal agent's warrant fees and bond fees, and interest on warrants to date of levy of special assessments. The date of levy of special assessments shall mean within six(6)months after acceptance of the improvement by the Board of Trustees of the District. B. "Property benefited" shall mean property within the Subdivider's subdivision (Exhibit "A") which constitutes building sites. Outlots "A"and"C" are creek setback and drainage areas and therefore are not building sites. Outlots "A" and "C", inclusive shall be owned and maintained by the Association, the Subdivider,his successors or assigns. Outlots`B"and"D"are PCSMP areas and therefore are not building sites. Outlots `B" and"D", inclusive shall be owned and maintained by the District. Outlots"E"and"F" are lands retained by the owner to be used as farmland and therefore are not building sites. Outlots"E"and "F"will NOT be a part of 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. 1 Rev. 1/1/2016 E. "General obligation" shall mean unassessable capital costs. 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 E&A Consulting Group,Inc.,copies of which are attached hereto as Exhibit"B". B. All sanitary sewer mains, manholes and related appurtenances constructed in dedicated street rights-of-way and easements, per plat (Exhibit "A"), same to be located as shown on sanitary sewer layouts prepared by E&A Consulting Group,Inc.,copies of which are attached hereto as Exhibit"C". C. Storm sewers, inlets,manholes and related appurtenances constructed in streets right-of-way and easements, per plat(Exhibit"A"),plans and specifications for said sewer improvements to be approved by City prior to starting construction of said improvements to be located as shown on storm sewer plans to be prepared by E&A Consulting Group, Inc., copies of which are attached hereto as Exhibit"B". D. Water and gas distribution mains located within dedicated street rights-of-way dedicated per plat (Exhibit "A") to be installed by the Metropolitan Utilities District. A contract with MUD will be provided to the City as soon as available, but in no event longer than four months from the date of execution of this agreement. E. Street lighting for public streets dedicated per plat(Exhibit"A")to be installed by the Omaha Public Power District. A contract with OPPD will be provided to the City as soon as available, but in no event longer than four months from the date of execution of this agreement. F. Underground electrical service to each of the lots in the area to be developed to be installed by the Omaha Public Power District. A contract with OPPD will be provided to the City as soon as available, but in no event longer than four months from the date of execution of this agreement. G. Sidewalks and street trees along both sides of all public streets within the area to be developed shall be constructed by the Subdivider or District in conformance with Section 53-9 (9) 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. 2 Rev. 1/1/2016 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. A 10' wide concrete trail shall be constructed within the East right-of-way of 180th Street in accordance with the Parks Master Plan of the City of Omaha. Plans shall be approved by the Omaha Parks Depat ttuent prior to construction. In lieu of constructing improvements on 180th Street, the District agrees to provide a contribution to Douglas County's 180th Street bridge project as identified in section X(D)herein. J. The Subdivider agrees to grade the subdivision so that the elevation at the property line adjacent to 180th 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 E & A Consulting Group, Inc. prior to recording the final plat. If the grading has not been completed by the time the Subdivider wishes to record the plat, the Subdivider may submit a certified check or other suitable fmancial 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 management plans to be prepared by E &A Consulting Group, Inc., copies of which are attached hereto as Exhibit "F" and are subject to the approval of the City. The City has assigned a project number of OMA- 20120322-514P 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 "H". 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. SECTION II The parties agree that the entire cost of all public improvements paid for by the District and set out in Section 1 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. 3 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"C". 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 Depai tiuent 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. On or before December 31, 2017, the District agrees to either 1) enter into an inter-local agreement with other SIDs in the area to contribute to the cost of improvements 4 Rev. 1/1/2016 to the park at Whispering Ridge,or 2)provide a Neighborhood Park Fee payment to the City in the amount of$41,777.00 (41.987 gross acres X$995/acre=$41,777.00). 2. Trails/Boulevard Fee. There will be no S.I.D.platting fees for trails and boulevards. A Trail and Boulevard Fee will be assessed at the time of building permit. The District is authorized to pay $60,800.00 in trail improvements. The District is entitled to an estimated reimbursement of$60,800.00,based upon the estimate shown in the attached Exhibit B. Actual reimbursement will be adjusted to reflect final soft and construction costs. The City will reimburse the District only as monies are available in the Trail and Boulevard fund and in chronological order of the date of the final plat. It is understood by the District and the City that the source of repayment shall be limited to the Trail and Boulevards account of the Park Development Fund. The District is not promised payment from the City for any other grant, reimbursement nor annexation. The District shall request reimbursement from the City upon completion of the project and provide supporting cost documentation. 3. Community Parks. Approximately fifty percent (50%) of the Community Park (CP) Fee will be paid by the S.I.D. at the time of final platting and will qualify to be a general obligation of the District. This portion of the CP Fee is calculated on a per-acre basis as follows: Lots 1-87 and Outlots"A"thru"D",Residential, 41.987 Acres @$400.00 per acre $16,794.80 TOTAL: $16,794.80 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 $19,496.00,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 5 Rev. 1/1/2016 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. 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 $1,421,438.00, as shown on the Source & Use of Funds, Exhibit"D". The District valuation for these 87 lots is estimated to be $40,020,000.00, as shown on Exhibit "D", for a debt ratio of 3.95%. 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$1,421,438.00, 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 fmanced by General Obligation debt,for these 87 lots,be in excess of 4%of estimated valuations. SECTION IV A. City covenants and agrees that should the City, by reason of its annexation of the District, or any area thereof, prior to District's levy of special assessments for the improvements authorized in this Agreement thereby succeed to said District's power to levy special assessments, that City will levy same in accordance with this Agreement. B. All parties covenant and agree that nothing in this Agreement shall be construed so as to oblige the City to annex the area to be developed or any part thereof. C. The District shall not sue nor fund any lawsuit to prevent any annexation of property within the District by the City except in the event the City annexes only a part of the District,the District does not waive its right to contest a proper division of assets and liabilities. D. Post-construction stormwater management maintenance identified as the responsibility of the Association shall continue to be performed and funded by the Association after annexation by the City. Maintenance responsibilities of the District shall become that of the City upon annexation. SECTION V Subdivider and District covenant and agree that the District created by the Subdivider will: A. Abide by and incorporate into all of its construction contracts the provisions required by the regulations of the City pertaining to construction of public improvements in subdivisions and testing procedures therefor. B. Except as may otherwise be agreed to by City, all of said District's levy of special assessments shall be made in such a manner so as to assure that the entire burden of the levy is borne, on an equitable basis, by lots or parcels which are truly building sites. If any lot,parcel or other area within the area to be developed is not a building site by reason of insufficient size or dimensions, or by reason of easements or similar 6 Rev. 1/1/201 6 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. The District agrees to annually levy a total combined ad valorem property tax of at least 88 cents per$100 taxable valuation until all construction fund debt is converted to bonds, and in no event shall the District's total levy, excluding ASIP described below,be less than the total City of Omaha levy. B. As the total levy(Bond and General)necessary to support the other debt and obligations of the SID for all projects(including deferred Community Park Fees)decreases below 88 cents per$100 of taxable valuation, the District shall collect the difference (not to exceed 5 cents per $100 of taxable valuation) between the new rate and the original 88 cents. All such tax proceeds shall be paid to the City upon collection and credited to the Arterial Street Improvement Program(ASIP)fund. C. After written notice from the City to the District of the City's intention to annex all of the territory of the District, the District shall not, until the earlier of(i) fmal annexation, or (ii) ninety (90) days from the District's receipt of written notice of intent of annexation, enter into a 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. 7 Rev. 1/1/2016 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 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, 8 Rev. 1/1'2016 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 2016,the fee would be as follows: Lots 1-87, Single Family or Duplex Residential, 87 Units @$1,166.00 $101,442.00 TOTAL: $101,442.00 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. 9 Rev. 1/1'2016 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 1X-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 FY2016,the fee would be as follows: Lots 1-87,Single Family or Duplex Residential, 87 Units @$864.00 $75,168.00 TOTAL: $75,168.00 G. In the event the Subdivider shall plat additional lots which will be in the District,this Agreement shall be amended by the parties to provide payment of the current fee for the additional lots before any building permits are issued by the City. H. The District and the City agree that payment made under Section IX-F of this Agreement shall constitute a Watershed Management Fee for the area described in Section IX-F and shall be collected by the City as a Watershed Management Fee or shall be levied as a Special Assessment against the real estate described in Section IX-F as follows: 1. The real estate shall be charged the Watershed Management Fee amount as set forth in Section IX- F for each lot or parcel. 2. The Watershed Management Fee shall be collected by the City from the owner of each lot or parcel of real estate or levied as a Special Assessment in the amount as shown in Section IX-F prior to the time any such lot or parcel is built upon. 3. In the event of annexation by the City,the Watershed Management Fee shall continue to remain as a special assessment or charge against each lot which has not previously paid said Watershed Management Fee. The Watershed Management Fee shall be collected and retained by the City from each such lot owner before the building permit is issued. SECTION X A. Installation of entrance signs or related fixtures and any median landscaping and related fixtures shall be paid for by the Subdivider. Plans for such proposed improvements that are to be located in public right-of- way and a proposed maintenance agreement for the improvements must be submitted to the City for review and approval prior to the installation of improvements. B. Outlots"A"and"C"shall be used for creek setback and drainage areas and will be owned and maintained by the Association. Outlots`B"and"D"shall be used for PCSMP and will be owned and maintained by the District. Outlots"E"and"F"shall be used for farm land and will be owned and maintained by Tyler S. Bruhn and Sweetwater,Inc.respectively. C. The tree mitigation plan between the Subdivider and the City is attached hereto as Exhibit"I." The total number of mitigated trees shown on Exhibit"I"reflects the total number of trees on the mitigation plan in the Mixed Use Development Agreement. Costs for tree mitigation shall be paid by the Subdivider. The Subdivider shall provide a certified check or other financial guarantee acceptable to the City in the amount of$48,960.00 prior to recording the final plat. These costs are based on the following: 10 Rev. 1/1/2016 1. Acreage of tree canopy to be mitigated=3.24 2. Number of trees per mitigated acre to be planted=63 3. Total number of trees to be planted=204 4. Cost per tree=$200.00(plus 20%soft costs for a total of$240.00) The time frame for the mitigation plan completion shall be two years from the date of the City Engineer's second signature on the final plat.The City shall release to the Subdivider the financial guarantee for trees which have been planted and growing at the end of the two year time frame,or sooner if plan is completed. The City shall retain any remaining monies to plant any trees not planted by the Subdivider in locations shown on Exhibit"I".The City is hereby granted permission to enter the property to plant such trees.When the plan has been implemented and certified by the Subdivider's engineer,the funds shall be released to the Subdivider. D. Douglas County project C-28(434)is for the completion of a new bridge along 180th Street south of Blondo Street. The District shall contribute to Douglas County in the amount$300,000.00 of at the later of June 1, 2020,or the completion date of the street bridge project by Douglas County. The District shall enter into an Interlocal Agreement with Douglas County to cover this contribution. An executed copy of the Interlocal Agreement shall be provided to the City prior to recording the final plat. The cost for the contribution shall be a general obligation expense of the District. E. No separate administrative entity nor joint venture,among the parties,is deemed created by virtue of the Subdivision Agreement. F. The administration of this Subdivision Agreement shall be through the offices of the undersigned officers for their respective entities. G. This Subdivision Agreement shall be binding upon the parties,their respective successors and assigns and runs with the land shown on Exhibit"A". H. The owners of Outlots"E"and"F" shall have no liability or responsibility for the obligations of the Subdivider,District or City under the Agreement. 11 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 a as /7 DEPUTY CL R Date MAYOR ate ATTEST: SANITARY AND IMPROVEMENT DISTRICT SANITARY AND IMPROVEMENT DISTRICT NO 555 OF DOUGLAS CO.,NEBRASKA NO. 555 OF OUGLAS CO.,NEBRASKA diri 0,),,,,,. ,, ) 14 -7 'z '... -- \\\, \\--, JEFF •TT,CLERK Date T MAS R.FALCONE, CHAIRMAN Date ATTEST: ANDRESEN MEADOWS ESTATES HOME OWNERS ASSOCIATION c"----/A k\0 0 THOMAS R.FALCONE,PRESIDENT Date ATTEST: SUBDIVIDER APPROVED AS TO FORM JHBF,LLC 4a /64,7.?/2, 1 1 T AS .FALCONE,MANAGER Date .. .ITY ATTORNEY Date ATTEST: SWEETWATER INC. 4..174 (`9— (7 TYLER S.BR RESIDENT Date ATTEST: TYLER S.BRUHN 0!.44.•4- (-/-f 7 TYLER S. BRUHN,OWNER Date 12 Rev. I/1/2016 On this \ th day of Qul} w1 ,20 1 1,before me,a Notary Public in and for said County and State, personally appeared Thomas R.Falebne,President of the Andresen Meadows Estates Home Owners Association, who executed the above and acknowledged the execution thereof to be their voluntary act and deed. cisTakt, K, _ ARY PU:LIC I1 p, r�,� s!f GENERAL NOTARY-State of Nebraska )li My Commission expires 1 ' )� Jil,0 ;Ali,.., LESLIE FITZGERALD ,� My Comm.Exp.June 3,2020 On this 1` th day of Y ,20\ \,before me,a Notary Public in and for said County and State, personally appeared Thomas R.Fa one,Manager of JHBF,LLC,who executed the above and acknowledged the execution thereof to be their voluntary act and deed. TARY PUBLIC GENERAL NOTARY-State of Nebraska Vll� My Commission expires �_ ))r 1 LESLIE FITZGERALD My Comm.Exp.June 3,2020 On thisCi th day of_ i 1(' ,20 11,before me,a Notary Public in and for said County and State, personally appeared Tyler S.B ,President of Sweetwater,Inc.,who executed the above and acknowledged the execution thereof to be their voluntary act and deed. jitf NOTARY PUBLIC 1 My Commission expires Li(111V '�U I amp D My Cur; L;xp.June 3,2020 On this i th day oft lCLOUCt YL1 ,2011,before me,a Notary Public in and for said County and State, personally appeared Tyler S.Bruht0 who executed the above and acknowledged the execution thereof to be their voluntary act and deed. NOTARY PUBLIC =r GENERAL NOTARY State of Nebraska „�; I; . LESLIE FITZGERALD My Commission expires 3(,(11v 3 r�(,L' _ .-... My Comm.Exp.June 3,2020 13 Rev. 1/1/2016 ATTEST: BSC FARMS,INC. /4 c P,esca:it %- /7 SHANE P. BRUHN,CO-PRESIDENT Date ATTEST: STASHA SERVICE COMPANY,LLC lac ka /_.?- l7 STACYRUHN,AUTHORIZED MEMBER Date On this th day of 4 nt k ,20�1,before me,a Notary Public in and for said County and State, personally appeared Shane P. Bruhn Co-President of BSC Farms, Inc.,who executed the above and acknowledged the execution thereof to be their voluntary act and deed. • A ri //gg ff ••��, 4 GENERAL NOTARY FITZGERALD ENebraska ALD LESLIE FITZGERALD NOTARY PUBLIC �/,�, .�?'a My Comm.Exp.June 3,2020 My Commission expires Jane., r l.�'LU On this 1 th day of O S\\kC ' i\ ,20\A,before me, a Notary Public in and for said County and State, personally appeared Stacy Bruhn,Authorized Member of Stasha Service Company,LLC,who executed the above and acknowledged the execution thereof to be their voluntary act and deed. ad NO ARYPUBLICW i_'f GENERAL NOTARY-State of Nebraska it My Commission expires JkkOC., a) 10ZU 4. , LESLIE FITZGERALD My Comm.Exp.June 3,2020 SUBDIVISION AGREEMENT EXHIBIT EXHIBIT A FINAL PLAT EXHIBIT B PAVING&STORM SEWER EXHIBIT C SANITARY SEWER EXHIBIT D-1 SOURCE&USE OF FUNDS ANDRESEN MEADOWS ESTATES EXHIBIT D-2 SOURCE&USE OF FUNDS ANDRESEN MEADOWS EXHIBIT D-3 SOURCE&USE OF FUNDS ANDRESEN MEADOWS&ESTATES COMBINED EXHIBIT E GRADING&EROSION CONTROL PLAN EXHIBIT F POST-CONSTRUCTION STORMWATER MANAGEMENT PLAN EXHIBIT G POST-CONSTRUCTION STORMWATER MANAGEMENT MAINTENANCE PLAN EXHIBIT H POST-CONSTRUCTION STORMWATER MAINTENANCE AGREEMENT EXHIBIT I TREE MITIGATION PLAN n.va°x awn m;w.rstw;x.n wwai 1141•da49a'I MOWWI rws:�x'rm'm ., sewn saainla � muauu�6UiUua 6uuaaui6u u•a .O.10111N.S1011f1093A15f110N1 L90NH11 S101 1V1d1VT113 m.w aeow.w Play g 1¢0. 3• Id• 3 S31V153 SM00V35 N3S35ONV .V.1ISIHX3 w t;azmzi .ONI'dnan ONI11f1SNOO V V 3 x,ag< t.Ye. 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Impervious Area Before Construction 0 % Impervious Area After Construction 40 % II. General BMP Information BMP ID Name BMP Location Bioretention Basin#A 41.2864, -96.1948 Bioretention Basin#B 41.2880, -96.1955 III. BMP Site Location Map (attached) IV. Routine Maintenance Tasks and Schedule for typical BMPs Bioretention Maintenance Tasks and Schedule Task Schedule Remove trash and debris Monthly Check and repair and eroded areas Monthly Check vegetation and replace any damaged Monthly plant materials Inspect for ponding, washed out areas, soil Monthly conditions Perimeter mowing Monthly Inspect collection system for proper Quarterly functioning Reseed grass swale or border As needed Pruning Annually Perform soil test and replace soil if needed Annually Repair broken pipes As needed Replace rip rap that is chocked with sediment As needed Remove sediment As needed V. The Property Owner shall perform maintenance and inspection in accordance with the above table. A written report of all maintenance and inspections shall be prepared annually and kept on file by the Owner for a period covering the last 3 years at all times. The first report shall be prepared within one year of As-Built Certification. Upon request of the City, the Owner shall provide copies of the annual maintenance inspection reports within three (3)business days. wm lime x». tar Aul.»al/o3__ roi-.p .os ME 3HY m w u,cps 0rtnowsos. 'Nil'IAAN99NIL7ASNA)XA3 _ 'n, ...wr+o NVId ONI1NVld ONV sea,ues play leyuawuminu3.6uluueld•6upaaul6u3 visa S31V1S3 SMOOV3WAN3SalCNV SISAIVNV NOIJV0I1M 3381 �quRm :EMU•ONI'dflObJ JNI1lf1SNOO`d'2 3 �..� ®IC0.s=1. El Ill ._. a ,‘a' „s si a §p36 := X i N w : tw a' 9 wa. sn issaS egx3e an; a4 gO gQ _rm1' $ _ U's me gagy 'Ss 4 3 uaWs xwx�x Z r ��> s"<o.� Pa di El 3 ss!i:i„ h w a < it sw; in _ t'gr 3 .k =S W3 Ee,-6S3 1 ~ LLs U s < F f ai :e3_ NILea ag,a „A.A.3:•gRg m 133a15 OHM H / T,_ . 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II I iH t P I 2t ` • is g 4 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,JHBF,LLC,a Nebraska corporation,proposes to build a subdivision to be known as Andresen Meadows Estates (Lots 1-87 and Outlots A-F) which will be located southwest of 176th and Emmet Streets; and, WHEREAS, Sanitary and Improvement District(S.&I.D.) 555 will build public and private improvements in this subdivision; and, WHEREAS,JHBF,LLC,aNebraska corporation,and S.&I.D.555 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. 555 agrees to pay $19,496.00 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$101,442.00 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 $75,168.00 will be collected by the City as Building Permits are approved in the subdivision; and, WHEREAS, S.&I.D. 555 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,$16,794.80,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, By Councilmember Adopted City Clerk Approved Mayor C-25A CITY OF OMAHA z:. LEGISLATIVE CHAMBER Omaha,Nebraska :r. PAGE -2- ►.- WHEREAS, JHBF, LLC, a Nebraska corporation, has or will create The Andresen Meadows Estates Home 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. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the Subdivision Agreement among the City of Omaha, JHBF, LLC, a Nebraska corporation,The Andresen Meadows Estates Home Owners Association,Sweetwater Inc., Tyler S. Bruhn, BSC Farms, Inc., Stasha Service Company, LLC, and Sanitary and Improvement District(S.&I.D.) 555 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 Andresen Meadows Estates (Lots 1-87 and Outlots A-F) and is located southwest of 176th and Emmet Streets. P:\rah\1438rah.doc APPROVED AS TO FORM: r a yi.,....." ITY ATTORNEY DATE 4,4%, I 1.7. By Councilmember Adopted MAR 2 1 201 Z ZIP -0 1City lerk ...C,19(fimia.... A rove -. .... ega // PP c� , Mayor '°' '-A NO. .- 3--- ° Resolution By Res. that, the Subdivision Agreement among the City of Omaha, JHBF, LLC, a Nebraska z. corporation, The Andresen Meadows Estates Home Owners Association, Sweetwater Inc., Tyler S. Bruhn, BSC Farms, Inc., Stasha Service Company, LLC, and Sanitary and Improvement District(S.&I.D.)555 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 Andresen Meadows Estates (Lots 1-87 and Outlots A-F) and is located southwest of 176t and Emmet Streets. P:\rah\1438rah.doc Presented to City Council MAR — 7 2017 i X ;� t C` y x `✓, ,•% f;1 ( -.-,e It 2 .4- / MAR 2 1 2017 Adopted (i c City Clerk