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RES 2016-0320 - Subdivision agmt, The Woodlands Replat Two o�tAHA,^Fe ; tt Public Works Department o A C_ L. L.. L.• '�, Traffic Engineering Division 404157 Omaha/Douglas Civic Center n� � March 8, 2016 2016 FEB 6 ? I I: I �', 1819 Farnam Street,Suite 603 , crw- -"=. 4, Omaha,Nebraska 68183-0601 o444 t.4: (402)444-5220 4D FEell° .I: r;,h, Fax(402)444-5248 City of Omaha t,1 ` t:5F ,t S + ?, 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 Nichols Seemann Investments, Inc.,a Nebraska Corporation,The Woodlands Landowners Association,Inc.,a Nebraska non-profit corporation, and the City of Omaha. This Agreement covers the public improvement of The Woodlands Replat Two (Lots 1-7 and Outlots A-C), a subdivision located northwest of 192nd and "Q" Streets. The Agreement provides for Interceptor Sewer Fees in the amount of$70,919.86 and Watershed Management Fees currently estimated in the amount of$50,375.00 to be paid as building permits are issued. 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 conformance with the Master Plan. ?-11,-. --/ 2-Z /,6 ce___� \ - ) k 21I(,-((G ORert G. Stubbe, P.E. Date mes R. Thele Date Public Works Director cjL Planning Director Appro ed as to Funding: Referred to City Council for Consideration: Step . Curtiss D to Mayor's Office 'Date Finance Director 70-s) P:\rah\1349rah.doc SUBDIVISION AGREEMENT THE WOODLANDS REPLAT TWO (Lots 1 thru 7, inclusive,Outlots A thru C,inclusive) THIS SUBDIVISION AGREEMENT is made and entered into thiwd of ,20/5� by and among NICHOLS SEEMANN INVESTMENTS, INC., a Nebraska corporation, ereinafter re erred to as "Subdivider"), THE WOODLANDS LANDOWNERS ASSOCIATION, INC., a Nebraska non-profit corporation (hereinafter referred to as "Association"), and the CITY OF OMAHA, a Municipal Corporation in the State of Nebraska(hereinafter referred to as"City"). WITNESSETH: WHEREAS, 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 to build public improvements in the area to be developed;and, WHEREAS, the Subdivider wishes to connect the system of sanitary sewers to be constructed within the area to be developed to the sewer system of the City; and, WHEREAS, the Subdivider has or will create The Woodlands Landowners Association, Inc., a Nebraska non-profit corporation, for the purposes of maintaining the Outlots and common areas within 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 to serve 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, prior to the construction of any public improvements (excluding sidewalks), present to the City Clerk for the benefit of the City either (i) 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 public improvements set forth herein; or (ii) provide and deliver to the City an irrevocable letter of credit or surety bond in a form reasonably acceptable to the City attorney to cover the entire cost of the public improvements set forth herein: A. Concrete paving of all streets dedicated or located within Outlot "B", 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, copies of which are attached hereto as Exhibit "B". The Subdivider shall cause the deceleration lane to be constructed on 192nd Street into the Area to be Developed at the intersection of Outlot "B" and 192nd Street as shown on Exhibit "B" attached hereto. B. 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. 4. Sidewalks will be constructed along the subdivision's 192°d Street footage. C. The Subdivider agrees to grade the subdivision so that the elevation at the property line adjacent to 192nd Street shall meet the proposed grade established by the Douglas County Engineer for a five-lane roadway section. Cross-sections have been submitted to the Douglas County Engineer and elevations certified by E & A Consulting Group, Inc. and shall be approved by the Douglas County Engineer prior to recording the final plat. If the grading has not been completed by the time the Subdivider wishes to record the plat, the Subdivider may provide and deliver to the City an irrevocable letter of credit or other suitable financial assurances to cover the entire cost of the grading. The letter of credit or other financial assurance shall be released upon the completion of the grading by the Subdivider. D. Post-construction stormwater management features and related appurtenances shall be constructed in right- of-way and outlots, per the Final 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"C" and are subject to the approval of the City. These plans will be completed with the first building permit submitted to the City of Omaha. An Omaha project number will be assigned to the project at that time. E. 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 "D". 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 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"; provided, however, Sanitary and Improvement District No. 469 may agree, by separate agreement with the City,to pay for the installation of the deceleration lane on 192nd Street into Outlot"B" and the permanent detention basin in Outlot"A". B. 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. C. 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 A. Subdivider covenants and agrees that the Subdivider will abide by and incorporate into all of its construction contracts the provisions required by the regulations of the City pertaining to construction of public improvements in subdivisions and testing procedures therefore. B. 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 Subdivider shall not sue nor fund any lawsuit to prevent any annexation of property within the subdivision by the City. 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. 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. 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 for a period not to exceed ten (10) years, 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. SECTION VI A. The owner of each lot shall make payment to the City of Omaha and to Sanitary and Improvement District No. 469 of Douglas County,Nebraska, 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. Partial payment shall be made to Sanitary and Improvement District No. 469 of Douglas County, Nebraska; the building permit applicant shall provide the City Permits and Inspections Division with a receipt to verify the partial payment. Payments shall be calculated as follows: Payment Due to SID No.469(irrespective of year): [Lots 1 thru 7,inclusive,MU, 11.202 Acres] * [1.13 (an acreage conversion factor] * [$5,484.00(the Int. Sewer fee rate originally paid by SID No. 469)] $69,427.44 Payment Due to City of Omaha(example based on 2016 rate): [Lots 1 thru 7,inclusive,MU, 11.202 Acres] * [$6,331.00(the 2016 Int. Sewer fee rate)] - [$69,427.44(the partial payment to SID No.469)] $1,492.42 TOTAL: $70,919.86 The City shall reimburse the District the total amount of$69,427.44 based upon the following schedule: • Lot 1,MU Commercial $10,664.90 1.721 acres @$5,484 x 1.13 • Lot 2,MU Commercial $4,548.54 0.734 acres @$5,484 x 1.13 • Lot 3,MU Commercial $5,273.58 0.851 acres @$5,484 x 1.13 • Lot 4,MU Commercial $3,972.23 0.641 acres @$5,484 x 1.13 • Lot 5,MU Commercial $6,556.34 1.058 acres @$5,484 x 1.13 • Lot 6,MU Commercial $20,672.93 3.336 acres @$5,484 x 1.13 • Lot 7,MU Commercial $17,729.39 2.861 acres @$5,484 x 1.13 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 SID and evidence of payment shall be submitted to the City prior to the issuance of a building permit 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 SID 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. 3. In the event of annexation by the City, the Special Sewer Connection Fee shall continue to remain as a charge against each lot which has not previously paid said Special Sewer Connection Fee. The Special Sewer Connection Fee shall be collected and retained by the City from each such lot owner before the building sewer is connected to the sanitary system. D. The City may collect, within the Area to be Developed, the City's sewer connection and permit fees, as provided by existing City ordinances and its sewer use and connection fees as now or hereafter existing. Such fees shall be in addition to the payments provided for in Section 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 FY2015,the fee would be as follows: Lots 1 thru 7,inclusive, Commercial/Industrial/Mixed Use/Institutional, 11.202 Acres @$4,497.00 $50,375.00 TOTAL: $50,375.00 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. 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. 3. In the event of annexation by the City,the Watershed Management Fee shall continue to remain as a charge against each lot which has not previously paid said Watershed Management Fee. The Watershed Management Fee shall be collected and retained by the City from each such lot owner before the building permit is issued. 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 detention,Outlot B shall be used for roadway purposes to serve the Area to be Developed, and Outlot C shall be used to provide for the green corner. Outlots A thru C, inclusive, shall be owned and maintained by the Association or the Subdivider as the case may be. C. No separate administrative entity nor joint venture, among the parties,is deemed created by virtue of the Subdivision Agreement. D. The administration of this Subdivision Agreement shall be through the offices of the undersigned officers for their respective entities. E. This Subdivision Agreement shall be binding upon the parties,their respective successors and assigns and runs with the land shown on Exhibit"A"". 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. SUBDIVIDER: NICHOLS SEEMANN INVESTMENTS, INC., a Nebraska corporation, By: Its: ®�w STATE OF NEBRASKA ) )ss. COUNTY OF DOUGLAS ) Before me, the undersigned Notary Public in and for said county and state, appeared Thomas Nichols, President of Nichols Seemann Investments, Inc., a Nebraska corporation, known to me to be the identical person who executed the above instrument and acknowledged the execution thereof to be his voluntary act and deed on behalf of said corporation. WITNESS my hand and Notarial Seal this rL`)5‘'day of iCkf\v1G1v\1 ,2016. = GENERAL NOTARY-State of Nebraska O Y LESLIE PIERCE Notary Public My Comm.Exp.May 23,2018 THE WOODLANDS LANDOWNERS ASSOCIATION,INC., A Nebraska non-profit corporation, By: Its: STATE OF NEBRASKA ) )ss. COUNTY OF DOUGLAS) Before me, the undersigned Notary Public in and for said county and state, appeared Nry,) \\(,y1(\`> , President of The Woodlands Landowners Association, Inc., a Nebraska non-profit corporation, known to me to be the identical person who executed the above instrument and acknowledged the execution thereof to be his voluntary act and deed on behalf of said non-profit corporation. WITNESS my hand and Notarial Seal this L day of Ck_11`vv\G\VA,/ ,2016. • A GENERAL NOTARY-Slate of Nebraska Ptat.. LESLIE PIERCE Notary Public ''±�' My Comm.Exp.May 23,2018 ATTEST: CITY OF OMAHA,NEBRASKA, a municipal corporation CLERK F T E CITY OF OMAH MAYOR OF THE CITY OF OMAHA APPROVED AS TO FORM: L n l City Attorney Date SUBDIVISION AGREEMENT EXHIBITS EXHIBIT A FINAL PLAT EXHIBIT B PAVING PLAN EXHIBIT C POST-CONSTRUCTION STORMWATER MANAGEMENT PLAN EXHIBIT D POST-CONSTRUCTION STORMWATER MANAGEMENT MAINTENANCE AGREEMENT Exhibit D Post-construction Stormwater Maintenance Plan 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) defming 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 District Define what the maintenance requirements of the post-construction stormwater management features are to provide the required treatment. Maintenance responsibilities of the District will be limited to activities that preserve the ability of the feature to retain, detain, convey or treat stormwater runoff, as designed. Maintenance responsibilities of the District will become that of the City upon annexation. 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. 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LN • Wg N N N-No_ lgoggex_o gg w;-F!g; g`romgm °aa= >T-- ss y �=/sggms.ffi;a1mR.W RE"Tm 2TM am mo g"WE a> Egt=au/osoomoa/Tg g^Asm/ g9 ' A �is! aga 9_°>tee� N >=g$mee2NARmNs8,g:i s°N mg Pe °"'°; ® °" �`�"� EXHIBIT"A" per Ali THE WOODLANDS REPLAT TWO E&A CONSULTING GROUP,INC, mre °aoia°" wm:o FINAL PLAT eta. Engineering•Planning•Environmental&Field Services onww.......A $tlW. r4r� Engineering Answers 1090 vxox 6 evs<tw ra m.n. a mrn,..g.w -----—"-_------�— .0.88E1 ----- -— ------ - /r/---, i E,,____ . . ),I)) 11: ' i . 1 1 - ai++4 Ir.0-W*41 i 11 y , I t ill III L_- '1 — _ i= oo� _ yh I imi _ gel I ■ I AA II — F,, r--- LZJJ! 1 ■ I 1 ......... / ti ii..,qp, 4 7 ,. 1 1 1 '°'‘:-.-. , — Pill , ' i 014 wir., _ , , :7_ 1 `.., 1111 NI al L o III II -- �II- , „,g, o ua _ CJ I li ... I 1.,,----------] C1 =11=1 1=11 Ill — -1 l� nll� y, ,. .I _TI- I�n - _ I / .- 1 ,- gin I. _ I, �. - rF 1 = ti en i''''''\ ______ 1 - II---(' ' 1 i NI I o I JOB NO ® MOO OF RF.F.DATE THE WOODLANDS REPLAT 2o MOMS E&A CONSULTING GROUP,INC. wuwxar_ MIXED USE PLAN ENGINEERING•PLANNING•ENVIRONMENTAL COMPLIANCE SERVICES OMAHA,NE -� EXHIBIT B-PRELIMINARY PAVING PLAN Boas „,_____ --___rj_____'___F,_,-_-r_: -____..__-.1__ , r-__-„---_7_,____-_-_-__„,_-,__-__-__i-T-P.._-1_=11_, ---- �.NTH=r __--- - - ___i_,_,_,, I P,r __-_-__-_ _ 1 --] -1__,___ ___,1_ 1 - ------------------ r,(L„ -----71---; r liAiiiiti ______ , I 1 iiI iiti[_wan _ .--— , ,7-, ; _- ---_-___---_n-____; _-_- __I,,REEL • ' '-':I 1&.- imp pill ‘.-, i, : , - ; ' l 6 T-r- „ 1, ,:, _ -. 1 Ulliirl .7,_ A I----- 2.1 — / i Rag ) / — 1 ir_ :i _ I A *LIn: 2 sai: 'UM_ *IV 1 ::: p ! ;!: or , 07 ' o TL! ! T ; :+ A ca 1c9 r ,, iii 1 it----- 1 \\, \ r.., , . 2 S ^:- f__A , // )1 ----__ N n A .n 3 s B 11 I � R. >� c m I y\ I Q �o I I ------ 1 I Ii DATE THE WOODLANDS REPEAT 2 8 E&A CONSULTING GROUP,INC. o MIXED USE PLAN ENGINEERING•PLANNING•ENVIRONMENTAL COMPLIANCE•FIELD SERVICES —L-1 DRAWN BY KO OMAHA,NE EXHIBIT C-PRELIMINARY PCSMP PLAN C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,Nichols Seemann Investments,Inc.,a Nebraska Corporation,proposes to build a subdivision to be known as The Woodlands Replat Two (Lots 1-7 and Outlots A-C), which will be located northwest of 192nd and"Q" Streets; and, WHEREAS,Nichols Seemann Investments,Inc.,aNebraska Corporation,will build public and private improvements in this subdivision; and, WHEREAS, Nichols Seemann Investments, Inc., a Nebraska Corporation, wishes to construct a sanitary sewer system and connect said system to the Sanitary Sewer System of the City of Omaha; and, WHEREAS, Nichols Seemann Investments, Inc., a Nebraska Corporation, agrees to pay Interceptor Sewer fees of$70,919.86,and Watershed Management fees currently estimated in the amount of$50,375.00, to be paid with the building permit; and, WHEREAS,Nichols Seemann Investments,Inc.,a Nebraska Corporation,has or will create The Woodlands Landowners Association,Inc.,a Nebraska non-profit corporation,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, Nichols Segtnann Investments,Inc.,a Nebraska Corporation,and The Woodlands Landowners Association,Inc.,a Nebraska non-profit corporation, as recommended by the Mayor, providing for the Watershed Management fees, Interceptor Sewer fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as The Woodlands Replat Two(Lots 1-7 and Outlots A-C)and is located northwest of 192nd and"Q" Streets. P:\rah\1350rah.doc APPRQ) ED AS TO FORM: )-f CITY ATTORNEY DATE �} Con ilmember P Ado ted MA ..2..Z..2016 ._ -/ Wxy i /(a� 46e/94 710161-5011 ity Clerk 3/n PP W2'eV‘ A rov Mayor NO. .... ? ... Resolution By Res. that, the Subdivision Agreement among the City of Omaha, Nichols Seemann ~'" Investments, Inc., a Nebraska Corporation, and The Woodlands Landowners Association, Inc., a Nebraska non-profit corporation, as recommended by the Mayor,providing for the Watershed Management fees, Interceptor Sewer fees, and sewer connection to the Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as The Woodlands Replat Two (Lots 1-7 and Outlots A-C)and is located northwest of 192"d and "Q" Streets. P:Arah\1350rah.doc Vr Presented to City Council MAR - 82016 aer.,z Aie, ,,ez4V7,27/.7z2,arc--Ta.624Z MAR 2 2 2016 - Adopted p�-__ , fit,-{ r 4,,,/ - . T/lv/ /t,4-5c`%)/: )f r',,�" ( / City Clerk