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RES 2017-0058 - Subdivision agmt, Sterling Ridge Estates .ti`J ,_ �'s� Public Works Department ril y Omaha/Douglas Civic Center z fil erA January 10, 2017 1 1,,Lit. '`' y : `, i 1819 Farnam Street,Suite 601 O $hp i -- . -' Omaha,Nebraska 68183-0601 0,t , 43. (402)444-5220 Fo FEdR 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 Sweetbriar IV, LLC, a Nebraska limited liability company, The Sterling Ridge Homeowners Association, and the City of Omaha. This Agreement covers the public improvement of Sterling Ridge Estates (Lots 1-9 and Outlots A-C), a subdivision located south of Hickory Street between 127th and 129th Streets. The Agreement provides for Interceptor Sewer Fees in the amount of$10,494.00 and Watershed Management Fees currently estimated in the amount of$7,776.00 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,$6,264.00,is to be paid by the subdivider at the time of final platting, and the remaining half to be paid as building permits are issued. Honorable President and Members of the City Council Page 2 The Public Works Department requests your consideration and approval of the attached Subdivision Agreement. Respectfully submitted, This action has been reviewed and found to be in co formance with the Master Plan. /2z//F 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: E Stephen B. Curtiss Date Mayor's Office Date Finance Director ' \pprovt7t) 1 4) l Brook Bench, Director Date Parks, Recreation and P:\rah\1429rah.doc Public Property Department SUBDIVISION AGREEMENT Sterling Ridge Estates(Lots 1-9 and Outlots A,B and C) 7 THIS AGREEMENT, made and entered into this 3 day of , 2011, among Sweetbriar IV, LLC, a Nebraska limited liability company, (hereinafter referred to as " bdivider"), The Sterling Ridge Homeowners Association, (hereinafter referred to as "Association"), and th 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 created the Sterling Ridge Homeowners Association, comprised of property owners that include the Area to be Developed;and, WHEREAS, the parties wish to agree on the method for the installation and allocation of expenses for public improvements to be constructed in 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-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 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". 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 1 Rev. 1/1/2016 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. 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. 2. Sidewalks and street trees shall be constructed immediately abutting built-upon lots as soon as weather permits. 3. 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. 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 Olsson& Associates, 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 OMA20110406- 225-P to these plans. 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 "G". 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 paid for privately by the Subdivider and set out in Section I herein shall be defrayed as follows: A. One hundred percent (100%) of the entire cost of all street, sidewalk and street tree construction shall be paid for privately by the Subdivider,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 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. 2 Rev. 1/1/2016 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 the City of Omaha for compliance with NPDES regulations is attached hereto and incorporated herein as Exhibit"D". 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 shall be the responsibility of the Subdivider. All silt basins are to remain in place until seventy-five percent(75%)of the drainage sub-basin serviced by these erosion control measures are fully developed, and with the written permission of the City Public Works Department authorizing their removal. Sediment removal shall be paid 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 1-9 Residential(Gross Acreage) 15.66 Acres @$400.00 per acre $6,264 TOTAL: $6,264 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 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 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 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. SECTION IV 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. 3 Rev. lil%2016 SECTION V 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 subdivision 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 of Omaha applicable to subdivisions whose sewers connect directly or indirectly with or into sewers or sewage systems of the City of Omaha;and, 2. Bound by any terms and provisions which by ordinance, resolution or rule of the City of Omaha shall hereafter adopt or provide as being applicable to or required in contracts with 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 of Omaha. 4 Rev. 1/1/2016 SECTION VI 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 1-9,Single Family or Duplex Residential, 9 Units @$1,166.00 $10,494.00 TOTAL: $10,494.00 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 VI-A of this Agreement shall constitute a Special Sewer Connection Fee for the area described in Section VI-A and shall be collected by the City as a Special Sewer Connection Fee as follows: 1. The real estate shall be charged the special sewer fee amount as set forth in Section VI-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 VI-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. 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 VI-A herein. E. No sewer permit will be issued by the City for any construction on any lot in the area described in Section VI-A until payment to the City of the Special Sewer Connection Fee for that particular lot as called for in Section VI-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 1-9, Single Family or Duplex Residential, 9 Units @$864.00 $7,776.00 TOTAL: $7,776.00 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. 5 Rev. 1/1/2016 H. The Subdivider and the City agree that payment made under Section VI-F of this Agreement shall constitute a Watershed Management Fee for the area described in Section VI-F and shall be collected by the City as a Watershed Management Fee as follows: 1. The real estate shall be charged the Watershed Management Fee amount as set forth in Section VI- 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 in the amount as shown in Section VI-F prior to the time any such lot or parcel is built upon. SECTION VII 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 A shall be used for green space and storm water detention and Outlots B and C shall be used for private drive areas,with all of the Outlots to be owned and maintained by the Association. C. The tree mitigation plan between the Subdivider and the City is attached hereto as Exhibit "E." The total number of mitigated trees shown on Exhibit "E" reflects the total number of trees on the mitigation plan. 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$180,240 prior to recording the final plat. These costs are based on the following: 1. Acreage of tree canopy to be mitigated=8.62 2. Number of trees per mitigated acre to be planted=87 3. Total number of trees to be planted=751 4. Cost per tree=$200.00(plus 20%soft costs for a total of$240.00) A financial guarantee for $170,400 has already been provided for the original plat for Sterling Ridge, therefore the difference($9,840) shall be provided in form of a certified check or financial guarantee prior to the recording of the Sterling Ridge Estates plat. D. No separate administrative entity nor joint venture, among the parties, is deemed created by virtue of the Subdivision Agreement. E. The administration of this Subdivision Agreement shall be through the offices of the undersigned officers for their respective entities. F. This Subdivision Agreement shall be binding upon the parties, their respective successors and assigns and runs with the land shown on Exhibit"A"". [Space Below Intentionally Left Blank— Signature Page to Follow] 6 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 C CLERK 1-----fiMA*;(‘—‘---CI)6112.k el'?/,/,47, ASSOCIATION Sterling Ridge Homeowners Association By: L.--2. ...... „. 10 viol It. E Lawrence R.James II,P sident Date SUBDIVIDER APPROVED AS TO FORM Sweetbriar IV,LLC P •-I .7-727 a . / ,, _ 6---- /,-/ rei-‘• Barrett L.L.James,Mana er______LX,r kilo.iii. Date , -CITY ATTORNEY Date 7 Rev. 1/1/2016 On this day of Ot/4 t/ ,2016,before me,a Notary Public in and for said County and State,personally appeared Barrett L.L. James,Manager of Sweetbriar IV,LLC,who executed the above and acknowledged the execution thereof to be their voluntary act and deed. 66.1. YISAY‘Or GENERAL NOTARY-State of Nebraska II EMILY O'CONNOR NOTARY PUB IC /�A ° 1"*e My Comm.Exp.August 4,2018 My Commissi expires On this day of 0019{,r,2016,before me,a Notary Public in and for said County and State,personally appeared Lawrence R. 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Ae, J —� bt -aimil • ,. ...., N /AI_(. ‘), \‘, e _e_________ ___,,-----.....,,,,- _ ,,,,, ,4 riWar p�11 A'•��=� Q��44.4 '•%,.„ *„../.,o, ) ) 61 , 4 • III \\ ' eft. tliftex� _8. sr;. II / el OI I • ii �d z_=,= 1,4 �, �LL a �_ III �\ `'p'OfY� E'`✓ i 5,e r \ \ :40 4 , ,.(,) ,,,k,___________ , itO > I �ror G- -� Chili A �NtO ii %g ,Iii, II ,,,11 .,,, , A \ I,I, ' pi LL ON HNHHIIHH1HiHl#fHH1� A�/ '` k 1 I E� �� ----- I •� E ' � E o� j— °s 1 ____ice` — ---- _ -- _-133a1s anze,--—, - - 133a1S ONLE x u1ryyn s.y(etliiw•i)7;,xw3-e.or9P0-EO-9i\�.=2•rsc.5\naw3\a+aT\sct2-rio\.i»'ie\5°:, =7,a Exhibit F Post-construction stormwater maintenance agreement 1. Construction site stormwater runoff controls This section should define the controls used to manage stormwater runoff during construction. It should also contain information defining when the controls are installed,when they are taken out and how/when they are converted to a permanent post-construction feature(if applicable) 2. Post-construction stormwater management features Define the features to be used as permanent post-construction stormwater management controls. 3. Timing of installation of post-construction stormwater management features Provide a schedule(either a timeline,or percentage of buildout)defining when the permanent post-construction stormwater features will be installed. They should not be installed at such a time to treat or control construction site runoff,or to become impaired by construction site runoff. Some features may not be built until developments are significantly built out. 4. Maintenance responsibilities of the Subdivider Define what the maintenance requirements of the post-construction stormwater management features are to provide the required treatment. Maintenance responsibilities of the Subdivider will be limited to activities that preserve the ability of the feature to retain,detain,convey or treat stormwater runoff,as designed. 5. Maintenance responsibilities of the Association Define what maintenance activities will be the responsibility of the Association(or other private entity). These include routine mowing,landscaping,vegetation removal or control,private amenities and other features not specifically necessary to retain,detain,convey or treat stormwater runoff. Maintenance of adjacent sidewalks will also be the responsibility of the Association. 6. Transfer of Maintenance Responsibilities This maintenance Agreement shall be binding upon the parties,their respective successors and assigns and runs with the land shown on Exhibit"A". [Space above the line for recording data] POST CONSTRUCTION STORM WATER MANAGEMENT PLAN MAINTENANCE AGREEMENT WHEREAS, Sweetbriar IV LLC recognizes that stormwater management facilities (hereinafter referred to as "the facility" or "facilities") must be maintained for the development called Sterling Ridge Estates located in the jurisdiction of the City of Omaha, Douglas County, Nebraska; and, WHEREAS, the Property Owner (whether one or more) is the owner of Sterling Ridge Estates (hereinafter referred to as "the Property"), and, WHEREAS, the City of Omaha (hereinafter referred to as "the City") requires and the Property Owner, and its administrators, executors, successors, heirs, or assigns, agree that the health, safety and welfare of the citizens of the City require that the facilities be constructed and maintained on the property, and, WHEREAS, the Post Construction Stormwater Management Plan, OMA20110406-225-P, (hereinafter referred to as "PCSMP"), should be constructed and maintained by the Property Owner, its administrators, executors, successors, heirs, or assigns. NOW, THEREFORE, in consideration of the foregoing premises, the covenants contained herein, and the following terms and conditions, the property owner agrees as follows: 1. The facility or facilities shall be constructed by the Property Owner in accordance with the PCSMP, which has been reviewed and accepted by the City of Omaha or its designee. 2. The Property Owner must develop and provide the "BMP Maintenance Requirements", attached here to as Exhibit "G", which have been reviewed and accepted by the City of Omaha or its designee. The BMP Maintenance Requirements shall describe the specific maintenance practices to be performed for the facilities and include a schedule for implementation of these practices. The Plan shall indicate that the facility or facilities shall be inspected by a professional qualified in stormwater BMP function and maintenance at least annually to ensure that it is operating properly. A written record of inspection results and any maintenance work shall be maintained and available for review by the City. 3. The Property Owner, its administrators, executors, successors, heirs, or assigns, shall construct and perpetually operate and maintain, at its sole expense, the facilities in strict accordance with the attached BMP Maintenance Requirements accepted by the City of Omaha. 4. The Property Owner, its administrators, executors, successors, heirs, or assigns hereby grants permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the facilities whenever the City deems necessary. The City shall provide the Owner copies of the inspection findings and a directive to commence with the repairs if necessary. The City will require the Property Owner to provide, within 7 calendar days, a written response addressing what actions will be taken to correct any deficiencies and provide a schedule of repairs within a reasonable time frame. Whenever possible, the City shall provide notice prior to entry. The City shall indemnify and hold the Property Owner harmless from any damage by reason of the City's negligent acts during such entry upon the property. 5. The Property Owner, its administrators, executors, successors, heirs, or assigns, agrees that should it fail to correct any defects in the facility or facilities within reasonable time frame agreed to in the response by the Property Owner for corrective actions, or shall fail to maintain the structure in accordance with the attached BMP Maintenance Requirements and with the law and applicable executive regulation or, in the event of an emergency as determined by the City of Omaha or its designee in its sole discretion, the City of Omaha or its designee is authorized to enter the property to make all repairs, and to perform all maintenance, construction and reconstruction as the City of Omaha or its designee deems necessary. Notwithstanding the foregoing, the City shall indemnify and hold the Property Owner harmless from any damage by reason of the City's negligent acts during such entry upon the property. The City of Omaha or its designee shall have the right to recover from the Property Owner any and all reasonable costs the City of Omaha expends to maintain or repair the facility or facilities or to correct any operational deficiencies subject to the provisions of the immediately preceding sentence relating to negligent acts of the City. Failure to pay the City of Omaha or its designee all of its expended costs, after forty-five days written notice, shall constitute a breach of the agreement The City of Omaha or its designee shall thereafter be entitled to bring an action against the Property Owner to pay, or foreclose upon the lien hereby authorized by this agreement against the property, or both. Interest, collection costs, and the reasonable attorney fees shall be added to the recovery to the successful party. 6. The Property Owner shall not obligate the City to maintain or repair the facility of failities, and the City of Omaha shall not be liable to any person for the condition or operation of the facility or facilities. 7. The Property Owner, its administrators, executors, successors, heirs, or assigns, 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 facility or facilities by the Property Owner. In the event such a claim is asserted against the City, its authorized agents or employees, the City shall promptly notify the Property Owner and the Property Owner shall defend at its own expense any suit based on such claim unless due solely to the negligence of the City in which event the City shall be required to defend any such suit at its own expense. Notwithstanding the foregoing, if any claims are made against both the City of Omaha and the Property Owner, each will be required to defend any such suit or claim against it at its own expense. Each shall be responsible for payment of any recovery to the extent determined in such suit. If any judgement or claims against the City, its authorized agents or employees shall be allowed, the Property Owner shall pay for all costs and expenses in connection herewith except to the extent of the negligent act of the City. 8. The Property Owner shall not in any way diminish, limit, or restrict the right of the City of Omaha to enforce any of its ordinances as authorized by law. 9. 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 the Property Owner, it administrators, executors, successors, heirs, or assigns, including any homeowners or business association and any other successors in interest. IN WITNESS WHEREOF, the Property Owner has executed this agreement this _ day of , 20 . INDIVIDUAL, PARTNERSHIP and/or CORPORATION Sweetbriar IV, LLC Name of Individual,Partnership and/or Corporation Name of Individual,Partnership and/or Corporation Barrett L.L. James Name Name Manager Title Title Name of Individual,Partnership and/or Corporation Name of Individual,Partnership and/or Corporation Name Name Title Title ACKNOWLEDGMENTS State ) County On this day of , 2016, before me, a Notary Public, in and for said County, personally came the above named: Barrett L.L. James, Manager of Sweetbriar IV, LLC who is (are) personally known to me to be the identical person(s)whose name(s) is (are) affixed to the above instrument and acknowledged the instrument to be his, her (their) voluntary act and deed and for the purpose therein stated. WITNESS my hand and Notarial Seal the day and year last above written. Notary Public Notary Seal Exhibit "A" Legal Description of the Property PROJECT INFORMATION Legal Description: STERLING RIDGE ESTATES, LOTS 1-9 AND OUTLOT A Property Address: SE CORNER OF 132ND AND PACIFIC STREET Subdivision Name: STERLING RIDGE ESTATES Section: SW ' S30—T15N — R12E APPLICANT INFORMATION Outlot A Owner/ Business Name Sweebriar IV, LLC Business Address 12910 PIERCE ST,Suite 110 OMAHA NE 68144 Representative's Name Chip James Representative's Email chipCalockwooddev.com Address Representative's Phone 402.933.3663 Number Representative's Fax 402.933.3664 Number Exhibit "B" R.a_.'IC r7 iRFF i A2' :Al:' =� M {' ;Jr r ;3 I a I ;—+'- ,, W / ill `: ... . { 4.7, ''i ,B4', .. • ! /• .�: ~ .J 1 1 1 I. • .St 4t a,) -I f ,I J�,", .,�' {{ �r I. '{ I 1 f! f \ 'I I. 1' I ( ' l� x t ' r ( 4z— ; , f F `j ' ht f 1 // 4D y t. ii, I. lu a ' 1 1� 1 4 1,11 I 'I '1 1 rl 1 f I i -;t I` .CIS e^: �.' 1.) ,v ,w. Exhibit G BMP Maintenance Requirements Name& Location Project Name: Sterling Ridge Address: SE Corner of 132nd&Pacific PCWP Project Number: OMA20110302-1166-1 PWD Building Permit#: N/A Site Data Total Site Area: 150.45 Acres Total Disturbed Area: 150.45 Acres Total Undisturbed Area: 0.00 Acres Impervious Area Before Construction: 5% Impervious Area After Construction: 80% BMP Information BMP ID Type of BMP Northing/Easting Latitude/Longitude BMP A1/A2 Retention Pond w/ N: 539633 41°14'54" N water quality outlet E: 2709191 96°06'56" W BMP B2 Retention Pond w/ N: 537861 41°14'37" N water quality outlet E: 2708805 96°06'59"W BMP B3 Retention Pond w/ N: 537552 41°14'33" N water quality outlet E: 2709700 96°06'45"W BMP B4 Extended Dry N: 537336 41°14'31" N Detention Pond E: 2709127 96°06'56"W BMP B5 Stream N: 537205 41°14'30" N Channel/Swale E: 2709193 96°06'56"W BMP B6 Extended Dry N: 537224 41°14'30" N Detention Pond E: 2708853 96°06'59"W BMP B7 Extended Dry N: 537137 41°14'40" N Detention Pond E: 2708256 96°07'07"W BMP C1 Extended Dry N: 539697 41°14'54" N Detention Pond E: 2710232 96°06'39"W BMP Type(Dry Detention Basin/Retention Basin) Task Schedule Remove debris and trash from trash rack and side slopes Monthly Outlet/inlet inspection and cleanout Monthly Bank mowing and inspection/stabilization of eroded areas Monthly Remove woody vegetation along embankment Annually Inspect for structural damage Annually Repair broken pipes As needed Replace riprap choked with sediment As needed Security As needed Remove accumulated sediment As needed BMP Type(Grassed Swale/Channel Maintenance) Task Schedule Trash debris and removal Monthly Stabilization of eroded areas Monthly Mowing Monthly Check outlet pipes(if present)for clogging Monthly Repair flow dispersion device to avoid formation of channels Monthly Inspect and remove accumulated sediment Monthly—as needed Reseed Semi-Annually—as needed Security As needed Remove accumulated sediment As needed Maintenance Inspection Reports Annual maintenance inspection reports must be commissioned by the property owner and provided to the City upon request.The first report shall be conducted one year following the final acceptance date of the Post Construction Stormwater Management Plan and each year thereafter on or before the acceptance anniversary date.All maintenance activities and inspection reports must be kept on file with the property owner for a minimum of five years. Annual maintenance inspection reports shall be performed by a registered Nebraska professional engineer, architect,or qualified professional. C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, Sweetbriar IV,LLC,a Nebraska limited liability company,proposes to build a subdivision to be known as Sterling Ridge Estates(Lots 1-9 and Outlots A-C),which will be located south of Hickory Street between 127th and 129th Streets; and, WHEREAS, Sweetbriar IV, LLC, a Nebraska limited liability company, will build public and private improvements in this subdivision; and, WHEREAS Sweetbriar IV,LLC,a Nebraska 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, Sweetbriar IV, LLC, a Nebraska limited liability company, agrees to pay Interceptor Sewer fees of$10,494.00,and Watershed Management fees currently estimated in the amount of$7,776.00, to be paid with the building permit; and, WHEREAS, Sweetbriar IV,LLC,a Nebraska 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, $6,264.00, is to be paid at the time of final platting, and the remaining half to be paid as building permits are issued; and, WHEREAS, Sweetbriar IV,LLC,a Nebraska limited liability company,has or will create The Sterling Ridge Homeowners Association,who will be responsible for identified ongoing maintenance as contained in the Agreement; and, WHEREAS, a Subdivision Agreement has been prepared setting forth all the provisions mentioned above. By Councilmember Adopted City Clerk Approved Mayor C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska 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, Sweetbriar IV, LLC, a Nebraska limited liability company,and The Sterling Ridge Homeowners Association,as recommended by the Mayor,providing for the public improvements,Watershed Management fees,Interceptor Sewer fees, Parks fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Sterling Ridge Estates (Lots 1-9 and Outlots A-C) and is located south of Hickory Street between 127t'' and 129t'' Streets. P:\rah\1430rah.doc APPROVED AS TO FORM: 21,4, �` ✓ "✓� fr" �yr { ,CITY ATTORNEY DATE 211417-* By Councilmeml3er Adopted JA 3 1 01 —Q City Clerk 7 Pp A roved ��� '� 0 _ Mayor t' )4 NO. .. 3 _ Resolution By Res. that, the Subdivision Agreement among the City of Omaha, Sweetbriar IV, LLC, a Nebraska limited liability company, and The Sterling Ridge Homeowners Association, as recommended by the Mayor,providing for the public improvements,Watershed Management fees, Interceptor Sewer fees, Parks fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Sterling Ridge Estates (Lots 1-9 and Outlots A-C) and is located south of Hickory Street between 127th and 129th Streets. P:\rah\1430rah.doc 1 ' Presented to City Council JAN 1 0 2017 . rt r I .., yam ' .i tt .4�...s`.'�w•.C'.'P.f,!.'-w." .ors s • J * d JAN 3 (2O17 y Adopted City Clerk