The URL can be used to link to this page

ORD 33428 - Interlocal Agreement First National Business Park nl ORDINANCE NO 339 AN ORDINANCE to approve an Interlocal Agreement between the City of Omaha and the Village of Boys Town providing for the development of First National Business Park, a mixed use center, and the preliminary approval of Linden Estates 2nd, both located from West Dodge Road to Cuming Street, 132nd to 144th Streets; providing for the transition of zoning and subdivision Iunsdictional limits; and, to provide an effective date thereof BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1 That, in accordance with the provisions of the Interlocal Agreement attached hereto and made a part hereof by reference,the City of Omaha and the Village of Boys Town desire to approve the First National Business Park mixed use center which includes the final plat, subdivision agreement and mixed use agreement, and,to give preliminary approval to the residential subdivision called Linden Estates 2nd which includes the preliminary plat and subdivision agreement Section 2 That the Interlocal Agreement between the City of Omaha and the Village of Boys Town is hereby approved ((kb Ale‘ 33sin Section 3 That this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage INTRODUCED BY COUNCILMEMBER Lif 'tot w i APPROVED BY 0 , 7 I / \i MAYOR OF THE CITY OF OMAHA PASSED DEC 13 1994 2 D INTERIM ATTEST E1—_h CIT CLERK OF CITY OF OMAHA !fieil4 APPROVED AS TO RM 7 G ASSI T CITY TORNEY P\LAW\0325 NM CASE: C3-94-201 APPLICANT: Planning Department REQUEST: Approval of an Interlocal Cooperation Agreement LOCATION: Cuming Street from 132nd to 144th Streets SUBJECT AREA IS SHADED. . Il itOS al:P4511 '" ' II illi Irl EDI Mgr j \\- S 167 Z-IT f # D- G ) LO" 1- 11113-\- re Al 11.4" - "I - - a...".. - E*SJ IQ- - ' " " s (a:.. .11111111..1.1174n— ' ' illa! - -I "--1 „ N-: - ----v•-t 1 "".-5, NO '1P -. tws.,.. - -.- -1, if. I\ �/r r < 1. \ \if .If• IFS@ • a, +---1 Li L 1 risitt\s,.. trirgi 1 I\-, :4_ ir,NN. , I ipa .P.%fr\ktit 54 . .,. . . try , .•:111 iti t - �` '^' — � WEST DODGE ROAD Imo= et - : I 1 it ir r/ BonBon r (le TOWN ; ..., fyvc�//M1 \ ALE ( i DICK Y Y NORTH V� PANNING :+ �� INTERLOCAL COOPERATION AGREEMENT THIS INTERLOCAL COOPERATION AGREEMENT effective this /.s day of Ae ct+r1- / , 1994, by and between the VILLAGE OF BOYS TOWN, a municipal corporation in the County of Douglas, State of Nebraska (herein 'Village" or "Boys Town"), and the CITY OF OMAHA, a municipal corporation in the County of Douglas, State of Nebraska (herein "City" or "Omaha"), both being public agencies as defined in the Nebraska Interlocal Cooperation Act WHEREAS, approximately 374 acres of undeveloped land are situated north of West Dodge Road and within the corporate limits of the Village and described on Exhibit "A" hereto (herein 'Village's North 374 Acres"), of which approximately 304 acres are being purchased from Father Flanagan's Boys' Home by the First National Bank of Omaha (herein "FNB"), and its successors and assigns, with proposed development of approximately 218 acres for residential development (herein "Residential Tract") and 86 acres office development (herein "First National Business Park"), with the remaining 70 acres being retained by Father Flanagan's Boys' Home(herein the"Retained 70 Acres"), the said First National Business Park and the Residential Tract being herein collectively referred to as the "FNB Property", and WHEREAS, the FNB Property is to be developed into residential and office uses in accordance with the Comprehensive Development Plan of the Village and is to be zoned by the Village in accordance with such Comprehensive Development Plan and platted generally as shown on composite drawing attached as Exhibit "B" hereto; and WHEREAS, it is the plan of the Village and City that, subject to the terms hereof, the FNB Property will be disconnected from the Village after plat and zoning approval have been granted by Village and the purchase of the FNB Property is closed, and upon disconnection from the Village the FNB Property will become subject to the zoning junsdiction of Omaha and may eventually become a part of Omaha, and WHEREAS, the parties wish to make provision for a. development of the FNB Property in accordance with the Village's Comprehensive Development Plan and platting and zoning approved by Village 01/090994Mo 6 and to make provision for continuity of such planning, platting and zoning of the Village upon disconnection from the Village, b continuity of platting and zoning regulation of the FNB Property consistent with that upon which FNB relied in purchasing the FNB Property, c orderly transition from the zoning jurisdiction of the Village to that of the City and to avoid the possibility of conflicting claims to zoning jurisdiction and resulting confusion as to zoning authority following the Village's disconnection of the FNB Property prior to such time as City might determine to annex the FNB Property, d a period of time during which the FNB Property will be outside the corporate limits of both City and Village so as to permit developer's use of sanitary and improvement districts, e submission to Village, with duplicate and simultaneous submission to Omaha, of FNB's application for (i) rezoning, proposed mixed use development agreement and subdivision agreement, preliminary plat and final plat approval for the First National Business Park ,attached hereto as Exhibit"C," and (ii) rezoning, subdivision agreement and preliminary plat approval for the Residential Tract attached hereto as Exhibit "D," such applications, agreements and plats in the form approved by the Village, being collectively referred to herein as the "Zoning and Platting Agreements", copies of which agreements and plats in approved final form will be attached hereto and made a part hereof per the Exhibit Schedule appended hereto, f. utilization of Omaha's Planning Department and Permits and Inspection Bureau during the build out stage of the FNB Property; g return of zoning jurisdiction of the First National Business Park to the Village if Omaha is unable to perform the terms of this Agreement in accordance with the terms hereof, and h construction of certain street improvements to accommodate traffic that will be generated as a result of the development of the north 374 acres WHEREAS, City and Village, in the interest of maintaining the public health, safety and welfare, desire to ensure that the FNB Property is developed substantially in accord 01/090994Mo 6 - 2 el with applicable zoning laws of the Village and of Omaha and the Zoning and Platting Agreements; and WHEREAS, after disconnection of the FNB Property from Village, Omaha, having previously caused its Planning Department, Planning Board and City Council to review and approve this Agreement and the Zoning and Platting Agreements, agrees that upon assuming zoning and platting Jurisdiction upon disconnection of the FNB Property from the Village that Omaha will abide and be bound by the zoning and platting established by the Village in accordance herewith and will recognize the FNB Property as being zoned and platted in conformity with the Omaha Zoning Code and the Omaha Subdivision Regulations NOW, THEREFORE, IT IS AGREED as follows. 1. Purpose. The purpose of this Agreement is to permit the Village and City to cooperate with each other on a basis of mutual advantage in the platting, zoning and development of the FNB Property by FNB and to provide for the orderly transition of zoning and platting authority from Village to Omaha and the avoidance of conflicting exercise of extraterritorial jurisdiction of the parties over the FNB Property during such time as the FNB Property is outside the corporate limits of both parties, and to clarify sewer and street connection, road jurisdiction and other issues related to transfer of zoning jurisdiction to City. 2. Zoning and Platting Authority. Village shall retain exclusive zoning and platting authority over the FNB Property until its disconnection from the Village Following its disconnection from the Village, the FNB Property shall be under the exclusive zoning and platting authority of Omaha. 3. Zoning Regulations/Compatibility. In order to achieve compatibility in zoning of the FNB Property under both Village's and Omaha's zoning regulations, Village, as may be necessary, shall have adopted zoning district regulations for the FNB Property that are substantially similar to the following zoning districts of Omaha Omaha Municipal Development Tract Code Section As applicable to tract to be zoned residential. R-1 Single Family Residential District (large lot) 55-121 et seq. 01/090994/No 6 - 3 0 R-2 Single Family Residential District (low density) 55-141 et seq. R-3 Single Family Residential District (medium density) 55-161 et seq. As applicable to tract to be zoned office and office-related commercial Mixed Use District (Special District) 55-561 et seq. As applicable to both tracts Development Reserve District 55-103 et seq. which use regulations of the Village as they pertain to the Mixed Use District and the Development Reserve District may be more restrictive but not less restrictive than Omaha's comparable regulations, but shall in all events permit all uses contemplated within the Zoning and Platting Agreements 4. Subdivision Agreements. Matters of expenditure of public debt through sanitary and improvement districts, including the allocation of such debt as between that which will be specially assessed and that which will not (commonly known as "general obligation debt") shall be governed by formal subdivision agreement between FNB and the Village, to which Omaha shall be a party in anticipation of its assumption of zoning jurisdiction over the FNB Property and such agreements by their terms shall be enforceable by the Village and Omaha during their respective periods of zoning authority over the FNB Property. 5. Protective Covenants. It is anticipated that Father Flanagan's Boys' Home, in conjunction with the sale of the FNB Property to the Developer, will place certain restrictive covenants on the property, thereby creating a private right of action as between Father Flanagan's Boys' Home and FNB, its successors and assigns, as to matters covered by such protective covenants Each of the parties hereto may enforce such protective covenants in the process of administration of their respective subdivision and building regulations, but shall incur no liability to each other or to third parties for failure to do so 6. Village's Disconnection of Tract. Following closing of FNB's purchase of the FNB Property and upon FNB's filing the requisite petition for disconnection of the 01/090994/rio 6 - 4 - FNB Property from the Village, the Village will take appropriate action to facilitate the entry of a decree of disconnection 7. Transfer of Zoning and Platting Jurisdiction. Village and Omaha agree, that as of the effective date of disconnection of the FNB Property from Village's corporate limits, Village shall, subject to the provisions of Paragraph 10, infra, relinquish all claim Village may have to zoning and platting jurisdiction over the FNB Property Omaha shall thereafter exercise exclusive zoning and platting jurisdiction over the FNB Property in conformity with the zoning and platting approval granted by Village and the Zoning and Platting Agreements Omaha's administration of such zoning and platting authority shall, however, be without prejudice to Omaha's continuing right to amend and modify its applicable zoning regulations as regards such tract to the extent provided in Paragraph 9 hereof From and after disconnection, the build out of infrastructure improvements and building improvements shall be subject to and governed by Omaha's zoning, platting and subdivision rules and regulations and building codes in a manner not inconsistent with the Zoning and Platting Agreements and this Agreement City agrees to accept and be bound by Village's zoning and platting and the Zoning and Platting Agreements and further agrees to issue building permits based upon such zoning and platting and the Zoning and Platting Agreements. The Omaha Ordinance authorizing the execution of this Agreement and the Zoning and Platting Agreements shall specifically authonze the Mayor and City Clerk to execute documents to effect the terms and conditions provided herein. 8. Omaha Exercise of Authority to be All Inclusive. Following disconnection of the FNB Property from the corporate limits of the Village, Omaha shall exercise full infrastructure review and approval, subdivision agreement compliance, building code compliance, permits and inspection, and zoning compliance in a manner consistent herewith and with the Zoning and Platting Agreements. 9. Omaha's Amendments to Zoning. Notwithstanding Omaha's agreement herein to recognize the Zoning and Platting Agreements or any other provision herein to the contrary, Omaha, during any time as it shall have zoning and platting jurisdiction over the FNB Property, retains the authority to apply and enforce valid future amendments of zoning and subdivision regulations of Omaha that are of general 01/090994/No 6 - j GI application throughout Omaha's zoning and subdivision jurisdiction or are of general application to one or more of the comparable zoning districts of the Village into which the FNB Property shall have been zoned by the Village 10. Reannexation by Village in Event Omaha Unable to Comply. In order to assure FNB, its successors and assigns the right to build out the First National Business Park in accordance with the Zoning and Platting Agreements as approved by the Village, Omaha and Village agree that in the event that prior to substantial build out of the First National Business Park, Omaha (i) is for any reason unable to recognize and be bound by the zoning and platting of the First National Business Park (or any portion thereof) in accordance with this Agreement and the Zoning and Platting Documents, or (ii) initiates, without petition of FNB or its successive owners, a rezoning of any portion of the FNB Property not in accordance with the Zoning and Platting Agreements, then in either such event FNB may initiate reattachment or annexation of the First National Business Park by the Village in accordance with the terms of the Purchase Agreement, in which event Village shall annex the First National Business Park but not the Residential Tract. In such event, Omaha agrees that it will not oppose such annexation for the above reasons. Such annexation, should it occur, shall effect full and exclusive zoning and platting jurisdiction in the Village as regards the First National Business Park. Any such annexation shall be without prejudice to the right of the Village to subsequently detach the First National Business Park after substantial build out thereof and without prejudice to Omaha's subsequent annexation thereof following such a subsequent detachment by Village. 11. No Obligation to Annex. Except for Village's obligation to annex the First National Business Park under the circumstances set forth in of Paragraph 10 above, neither Omaha nor Village shall be obligated to annex the FNB Property or any part thereof at any time 12. Continuing Interiurisdictional Agreements. The parties agree as follows a Outfall Sanitary Sewer Connections That Village and Father Flanagan's Boys' Home, its successors and assigns, shall have the perpetual right to connect, directly and indirectly, the Retained 70 Acres and other areas remaining within the Village limits to the existing or any future outfall sewer 01/090994/No 6 - 6 - el constructed within the perpetual easementway granted by Father Flanagan's Boys' Home dated October 26, 1989, and recorded in Book 904, Page 335, with connection fees to be determined in accordance with said easement. b Interconnecting Sewers Village and Father Flanagan's Boys' Home, its successors and assigns, shall have a perpetual right to connect to the sanitary sewers constructed or to be constructed upon or serving the FNB Property as may be needed to effect connection of the Retained 70 Acres to the outfall sanitary sewer referred to in subparagraph 12(a) above, and such connecting sewers shall be designed and constructed so as to accommodate sewage that may in the future emanate from the Retained 70 Acres after full development thereof. c Sewage Treatment Charges. The charges for Omaha's treatment of wastewater from Boys Town are the subject of an Agreement for Wastewater Service between Omaha and Father Flanagan's Boys' Home dated June, 1987, and amended October 15, 1990 Upon disconnection of the FNB Property from the Village, said FNB Property shall no longer be entitled to Omaha's Bulk I sewer service charges under Village's Bulk I entitlements, without prejudice, however, to the sanitary and improvement districts to be created to serve such disconnected area qualifying for such rate if eligible. Until the Boys Town wastewater agreement is amended to include the Retained 70 Acres, purchasers of the Retained 70 Acres shall be billed by Omaha in accordance with its rates applicable to direct bill customers and not under the bulk rates provided in said existing wastewater treatment agreement d Street System Interface The Village's North 374 Acres shall connect directly with the current perimeter street system as shown on Exhibit "B" hereto Village and City do approve such connections and agree to issue connection permits therefor as may be required under their respective ordinances and regulations The connection of the Retained 70 Acres to 132nd Street will be constructed in advance of grading the Village's North 374 Acres and of platting of the Retained 70 Acres 01/090994/No 6 - 7 - e Additional Street Improvements FNB has submitted traffic studies prepared by Barton Aschman & Associates, Inc entitled "Traffic Analysis - Boys Town North 380" dated September, 1994 and November, 1994 (herein the "Traffic Study") to City and Village addressing the matter of estimated background traffic combined with site traffic from the north 374 acres Village and Omaha agree that street improvements required to be constructed/installed as specified in Exhibit "E" constitute the additional street improvements that are to be constructed in conjunction with development of the north 374 acres and the interfacing of street systems Omaha agrees that in the approval and issuance of building permits for the First National Business Park, that it will not, without the prior approval of Village, approve building permits that at full build out of the Business Park will result in aggregate total square footage exceeding the maximum of 1,400,000 square feet of developed space, same being the initial maximum square footage for the First National Business Park specified in paragraph 4 2 of the Mixed Use Development Agreement f. Storm Sewers Village's connection of storm sewers serving the Retained 70 Acres to storm sewers and outfalls to be constructed within or serving the FNB Property and matters of design capacity necessary to accommodate storm drainage from the Retained 70 Acres shall be as provided in the Subdivision Agreements g Infrastructure Serving Property Remaining Within Village. Omaha agrees that it will not, without the approval of Village, authorize any changes of design or function of street, storm sewer or storm water drainage system, sanitary sewer or outfall sewer or other infrastructure improvement within the Village's north 374 acres or on the perimeter thereof and serving or intended to directly or indirectly serve the Retained 70 Acres or other areas remaining within the corporate limits of Village that is of such a nature or degree that would adversely affect development, access or services to such property h West Dodge Road Right-of-Way Upon annexation of the FNB Property by Omaha 01/090994/No 6 - 8 - CO (1) Village shall, upon Omaha's request and upon petition, detach any portion thereof yet within the Village limits. (2) Village shall cause any portion of the right-of-way within the Village, including the 137th Street interchange and appurtenant rampways which has not been dedicated to public purpose, to be so dedicated (3) Omaha may exercise exclusive municipal (local) jurisdiction over West Dodge Road between 137th Street and 144th Street Upon exercise of such jurisdiction, Omaha shall assume local municipality responsibilities in respect thereto, including the obligation to maintain lighting and pay for electrification thereof. (4) That portion of 137th Street situated between the south and north outer edges of the 137th Street interchange shall remain under zoning and other regulatory jurisdiction of the Village until such time as Village and Omaha otherwise agree to a transfer of such jurisdiction (5) To the extent the Nebraska Department of Roads may permit, Village and Father Flanagan's Boys' Home reserve the right to landscape and maintain non-hard surfaced areas of the south ramp areas and the right of FNB, its successors and assigns, to landscape and maintain non- hard surfaced areas of the north ramp area, so long as they, or their successors and assigns, shall so choose to do, 13. Miscellaneous. Village and City further agree* a Building Permits/Inspection• During such time as the FNB Property shall be within the zoning jurisdiction of Village, Omaha's Planning Department and Omaha's Inspection Bureau shall provide such review, inspection services and advice as may be necessary for Village to administer the Zoning and Platting Agreements Omaha shall provide such service for its usual and customary fees charged to applicant landowners, which shall be paid by FNB, its successors and assigns, without additional charge to Village or if such fees are paid to Village, Village shall reimburse City an equivalent amount for its services hereunder 01/090994Mo 6 - 9 - b Fees Each party shall charge and retain fees and costs customarily charged by it in respect to filings, reviews, publications, hearings and other procedures by it performed c Mailing Addresses. Omaha's Planning Department shall make available to Village mailing lists in the form of mailing labels containing the names and addresses of property owners within 300 feet of the FNB Property Should Village determine to do a mailing to property owners outside its corporate and jurisdictional limits, Village shall handle same, unless otherwise agreed between the parties. 14. Closing of Purchase Agreement Condition Precedent. The closing of the purchase between the FNB as Purchaser, and Father Flanagan's Boys' Home as Seller (hereinafter the "Purchase Agreement") is a condition precedent to Village's disconnection of the FNB Property from the corporate limits of Village, and the transfer of zoning jurisdiction from Village to Omaha Should said Purchase Agreement fail to close, for whatever reason, the FNB Property shall not be disconnected from the Village but shall remain under the exclusive jurisdiction and regulatory control of Village and the provisions of this Agreement shall not be construed as a contractual consent to transfer of jurisdiction from Village to Omaha in respect to any other development or use of the FNB Property or any part thereof. 15. Interlocal Cooperation Act. This Agreement is entered into between the parties pursuant to the Interlocal Cooperation Act of the State of Nebraska (Chapter 13, Article 8 of the Revised Statutes of Nebraska, 1943, Reissue 1987). The parties agree a If not sooner terminated by reason of the failure of the Purchase Agreement to close as provided for in Paragraph 14 hereof, the provisions of this Interlocal Agreement shall continue in full force and effect until the Village and Omaha determine that the primary purposes hereof have been accomplished, which shall not be sooner than substantial build out of the infrastructure and building improvements on the FNB Property in accordance herewith, provided, however, that the provisions of the Subdivision Agreements, the Mixed Use District Development Agreement and the Continuing InterjurisdictionalAgreements 01/090994/No 6 - 10 - _0 within Paragraph 12 hereof shall continue thereafter as necessary to accomplishment of the intended purposes thereof b. There is no separate legal or administrative entity created hereby c The purpose hereof is as stated in paragraph 1 and the recitals hereto. d. No separate financing is necessary to the implementation of this Agreement other than retention by the parties of developer paid fees as provided in Paragraph 13(b) e Termination of this Agreement other than as herein expressly provided for and any modification of the terms hereof shall require the mutual agreement of the parties as evidenced by formal resolution of their respective governing bodies or by written agreement of their respective designees as appointed by formal resolution f. This cooperative effort will be administered by the Village Clerk of Village prior to Omaha's assumption of zoning jurisdiction over the FNB Property pursuant to Paragraph 7 and by the City Planning Director of Omaha or his designee from and after Omaha's assumption of zoning jurisdiction over the FNB Property g The parties will not use real property in this cooperative undertaking. The only personal property used will be intangible personal property in the form of developer fees paid and retained in accordance with Paragraph 13(b) hereof 16. Consistency of Action. Village and Omaha each agree to take such actions as are needed to carry out the terms hereof and to refrain from taking any action that is inconsistent with the terms hereof 17. Effective Date. This Agreement shall be effective from and after separate approving action of the governing bodies of Village and of Omaha, which approvals shall include all actions of either party prior to such effective date taken in reliance upon and in accordance with the terms of this agreement Village and Omaha shall each furnish to the other a certified copy of the resolution of its governing body IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers on the date and year first above written ® 01l090994Mo 6 - 11 - CITY OF OMAHA VILLAGE OF BOYS?TOWN 7 4 (1 ' 414 — / By / /lz / h0f By ."� INTERIM Mayor Cha an, B r o rustees ATTEST ATTEST. -A, - Vj M4& Clty Clerk l 77 Village C ' - (SEAL) (SEAL) APPROVED AS TO FORM. APPROVED AS TO FORM City ale /V a ttor 01/090994/No 6 - 12 - EXHIBIT SCHEDULE TO INTERLOCAL AGREEMENT Initial Exhibits Documents constituting initial exhibits to this Interlocal Agreement and made a part hereof are. Exhibit "A"' Boundary drawing of 374 acre tract of Village that is situated north of West Dodge Road ("Village's North 374 Acres") and boundaries of the First National Business Park, the Residential Tract and the Retained 70 Acres within said 374 acre tract. Exhibit "B"' Composite drawing of the Village's North 374 Acres showing proposed platting of the Residential Tract, proposed platting of the First National Business Park and showing the unplatted Retained 70 Acres. Exhibit "C" Application for rezoning and platting of First National Business Park Exhibit "D" Application for rezoning and platting of Residential Tract Exhibit "E" Schedule of street improvements required by Traffic Study. Final Exhibits It is anticipated that one or more exhibits to the FNB Application may be subject to modification as they progress through the respective zoning and platting review processes of the Village and the City and the final form of the following exhibits shall be attached to the Interlocal Agreement in its final form and shall constitute the final "Zoning and Platting Documents" as said term is used herein Final Plat for First National Business Park Subdivision Agreement for First National Business Park Mixed Use Agreement for First National Business Park Preliminary Plat for the Residential Tract2 Subdivision Agreement for the Residential Tract Schedule of Street Improvements together with updated Exhibit "B" hereto incorporating plat revisions made during the approval process. ' The legend "future street" over the Retained 70 Acres as shown on Exhibits "A" and "B" is not a dedication of or declaration of intent to dedicate a public right-of-way 2 The final plat for the Residential Tract to be approved by the Village shall be substantially in conformity with the preliminary plat attached to this Agreement 01/090994/No 6 EXHIBIT "E" TO INTERLOCAL COOPERATION AGREEMENT Agreement as to Street Improvements Village and Omaha agree that certain street improvements shall be constructed in conjunction with development of the north 374 acres and interfacing of street systems 1, As Part of the Development of the FNB Property. The following recommended street improvements will be constructed by the developers of the FNB Property as a part of the initial street infrastructure of the FNB Property FNB Business Park Developer will. A Widen Sheehan Parkway to four lanes between the West Dodge Road ramp terminals substantially in accordance with the geometrics shown at Figure 14 of the November Traffic Study (page 3 of this Exhibit), utilizing the existing underpass opening Sidewalks shall be constructed on both sides of the street. B. Install traffic signals at Sheehan Parkway/West Dodge Road ramp terminals per Figure 14 of the November Traffic Study, C Construct 137th Street north of West Dodge Road to geometries substantially as shown per Figure 14 of the November Traffic Study D Construct 137th Street/Site Frontage Road intersection to the geometries and with traffic signal substantially in accordance with Figure 14 of the November Traffic Study. E. Construct 144th Street/EI Dorado Drive site frontage road westbound approach intersection to three lanes, including one left-turn lane, one right- turn lane and one shared through left-turn lane Modify traffic signal as needed Construct northbound right turn lane. Residential Tract Developer will. F Construct southbound left turn lane and northbound right turn lane on 144th Street at the street entrance to single family area. G Construct northbound and southbound left turn lanes on 132nd Street at Cuming and Hamilton Streets 2. Connection to Boys Town/Hy Vee Intersection There shall be constructed a permanent connection of the Retained 70 Acres to the Boys Town/Hy Vee E - 1 intersection substantially as shown at Figure 15 of September Traffic Study (page 4 of this Exhibit), which, because of its limited initial use, may, at Village's discretion, be constructed in two stages as follows A The initial connection shall be constructed by the developer of the FNB Property prior to grading of the north 374 acres so as to accommodate such grading, which may be, but need not be, a complete build out of the final configuration of the Boys Town/Hy Vee intersection substantially as shown at Figure 15 of the September Traffic Study. B If not sooner done, at or prior to the time a road through the Retained 70 Acres connecting FNB Parkway at 137th Street to 132nd Street ("Boys Town Frontage Road") is constructed, the 132nd Street connection shall be completed to final configuration at no cost to Omaha. 3. Required Future 132nd Street Improvements The west side of the 132nd Street right-of-way is the common boundary of the Village and Omaha. As regards 132nd Street, Village and Omaha agree A. Village, at no cost to Omaha, will contemporaneously with or prior to construction and connection of the Boys Town Frontage Road (1) cause to be dedicated such additional right-of-way on the west side of 132nd Street as may be necessary to create a total right-of-way abutting the Retained 70 Acres of fifty feet (50') in width as measured from the centerline of 132nd Street; (2) modify the traffic signal at the Boys Town/Hy Vee intersection as necessary to provide traffic control for inbound and outbound traffic to and from the Retained 70 Acres 4. No street improvements other than the foregoing shall be required by Village, its landowners or developers. However, Village may construct or cause to be constructed on the Village's side (west side) of 132nd Street a southbound right turn deceleration lane into the Retained 70 Acres at the Boys Town/Hy Vee intersection and an auxiliary southbound right lane between said intersection and the existing entrance to the westbound on-ramp to West Dodge Road (functionally as shown on Figure 15 of the September Traffic Study). Should any such improvement require right-of-way on the west side of 132nd Street in addition to that provided pursuant to Paragraph 3A(1) above, Village shall, at no cost to Omaha, cause to be dedicated such additional right-of-way required for such improvement Village reserves the right to cause such other traffic enhancing street improvements, if any, Village or a developer within the Village may be willing to construct or cause to be constructed at no cost to Omaha. 5 Improvements constructed by either party hereto shall be without cost to the other party or its landowners, unless otherwise agreed to by the parties E 2 CO FNB-------"-\ ,r1\5' -� PARKWAY Ir� If G w w C '11i 1�It Ili` NO SCALE Ii TRAFFIC SIGNAL I I 4J 11 I I\\\ 1 t NORTH t ,tiUri RAMPS i I�"t iI \\ 1 ii It 1 W DODGE 1 ROAD I \ \1 AI SOUTH RAMPS BOYS TOWN NORTH 380 DOUGLAS COUNTY, NEBRASKA YEAR 2005 FIRST NATIONAL BANK 1 TRAFFIC ANALYSIS DEVELOPMENT REQUIRED GEOMETRICS 137th STREET/ I Barton-Aschman Associates, Inc. SITE FRONTAGE ROAD In a irorc Ave S Suite 350 wnnecoois un 54 0I Figure 14 Parsons Transportation Group E - 3 +vial LhLII t ,tt BE� `W RIGHT di 1 • • 1 ‘11/ I I r ' TRAFFIC SIGNAL 1 I �� I I NO SCALE II II / I I I I j uu l k I , . FRONTAGE 1 I I .y , I 0 I Cr / 1 1 1-- r I 1 H W 4J b 1 Li ln I • I 4 , I i - ' Ct I I / ✓/' 1 I 1 1 i i I / '-' i i I O I r 1 (I. I 1 HI SITE ) ;S — ` • t , t i , 1 _ 1 . I 1 II ! 1 11 ' 1 t P4'41P_ J I ; - I / i :I � i . I, ;) I t .. . 1 I I � 1 11 1 t I I G= • u 1:v I 1_ 1 i 1 , r 1 / i I ' 1, I4I � I , , ,. r •,1 I III I 1 I1 W. DODGE I II ` i / I W. R D NIATCHLI�IE SEE ABOVE LEFT D / I I BOYS TOWN NORTH 380 DOUGLAS COUNTY. NEBRASKA REQUIRED GEOMETRICS J TRAFFIC ANALYSIS 132ndSTREET/ SITE FRONTAGE ROAD 1 Barton-Aschman Associates. Inc .,, 1"*. ... t ....1. : / ,/eat°C V" ,,. , Figure 15 Parsons Transportation Group E - 4 ® 1 SUBDIVISION AGREEMENT This Subdivision Agreement, made and entered into this day of , 1994, by and between FIRST NATIONAL BANK OF OMAHA, a Nebraska banking association (hereinafter referred to as "Subdivider"), SANITARY AND IMPROVEMENT DISTRICT NO. 396 of DOUGLAS COUNTY, NEBRASKA (hereinafter referred to as "District") , VILLAGE OF BOYS TOWN, a municipal corporation in the County of Douglas, State of Nebraska, and its successors ("hereinafter referred to as "Village") 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 with 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 Village and within the Village's zoning and platting jurisdiction; and, WHEREAS, the Subdivider proposes that the District will build public improvements in the Area to be Developed, the District being a Sanitary and Improvement District created at the request of and controlled by the Subdivider, which is the sole Owner(s) of all the lands within the boundaries thereof; 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 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 constitute building sites. Outlots 1, 2, 3, 4, and 5, are not building sites. Outlot 1 shall be used for private park purposes to be paid for privately. Developer shall pay the ad valorem property taxes and special assessments attributable to such Outlot 1. C. "Street intersections" shall be construed to mean the area shown on the attached street intersection drawing (Exhibit "B") . D. "General oblig4tion" shall mean unassessable capital costs. E. "Village/City Interlocal Agreement" shall mean the interlocal cooperation agreement between the Village and City pertaining to the development of the Area to be Developed and certain abutting lands. . r F. "Retained 70 Acres" shall mean the 70 acres of the 374 acres within the Village not being purchased by Subdivider. G. "Additional Street Improvements" shall mean those street improvements identified in Paragraphs 1 and 2 of Exhibit "E" to the Village/City Interlocal Agreement. SECTION I Subdivider and District covenant that Subdivider shall, and the District covenants that the District will subsequent to the filing of the final plat, present to the Village Clerk for the benefit of the Village 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 Village 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 plan prepared by Lamp, Rynearson & Associates, Inc. , a copy of which is 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 layout prepared by Lamp, Rynearson & Associates, Inc. , a copy of which is attached hereto as Exhibit "C". C. Storm sewers, inlets, manholes, and related appurtenances, including improvements in drainageway, constructed in street rights-of-way and easements, per plat (Exhibit "A") , plans and specifications for said sewer improvements to be approved by Village prior to starting construction of said improvements to be located as shown on storm sewer plan prepared Lamp, Rynearson & Associates, Inc. , a copy of which is 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. (Contract with MUD will be provided as soon as available but in no event longer than four (4) 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. (Contract with OPPD will be provided as soon as available but in no event longer than four (4) 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. (Contract with OPPD will be provided as soon as available but in no event longer than four (4) months from the date of execution of this Agreement) . G. Sidewalks along both sides of all public streets within the Area to be Developed shall be constructed by the Subdivider or District according to the following schedule: (1) Sidewalks shall be constructed immediately abutting vacant lots on either side of any block or cul-de-sac (i.e. , circle) as soon as the lots comprising sixty-five percent (65%) of the abutting footage on such side have been built upon. -2- (2) Sidewalks shall be constructed immediately abutting built-upon lots as soon as weather permits. (3) In any event, all sidewalks shall be constructed upon both sides of any public streets within three (3) years of the recording of the subdivision plat. (4) Sidewalks shall be installed along 144th Street and FNB Parkway, and 137th Street with the paving project or as a separate sidewalk contract upon the completion of the water distribution system. (5) Linear hiking/biking trail shall be installed along 144th Street (the "Linear Trail") with the paving project or as a separate sidewalk contract upon the completion of the water distribution system. (6) The Subdivider agrees to provide a public pedestrian access easement to the District and City in a location mutually acceptable to the city and the Subdivider in Outlot 1 prior to the recording of the plat of the Area to be Developed. H. Grading, erosion, and sediment control as shown on Exhibit "E" shall be initiated by the Subdivider as an integral part of the grading contract for the site. SECTION II The parties agree that the entire cost of all public improvements paid for by the District and set out in Section I herein shall be defrayed as follows: A. One hundred percent (100%) of the entire cost of all street and sidewalk 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". Grading or paving of major streets may be a general obligation. 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 special assessed to the extent of special benefit to properties in the District, and the remainder may be a general obligation of the District. (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 of the District. (3) The total cost of any outfall sanitary sewer serving the entire District constructed outside the District boundary by the District or the total cost of any outfall sanitary sewer servicing the Eldorado subdivision and areas generally to the west of the District's boundaries may be a general obligation of the District, as indicated in Exhibit "C". C. The cost of storm sewers, channel improvements and appurtenances may be a general obligation of the District. -3- D. 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. E. 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. F. 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. G. 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. H. Payments for interceptor sewer connection charges to the City of Omaha may, as provided in Section IX herein, be a general obligation of the District. I. No funds of the District are to be used for the installation or maintenance of telephone equipment. J. The cost of maintenance and removal of erosion control measures may be a general obligation of the District. K. The District has agreed to purchase Outlots 3, 4, and 5, of First National Business Park, and the Subdivider has agreed to sell such lot for a total purchase price of Forty-Three Thousand Forty-Six and 40/100 Dollars ($43,046.40) , plus applicable engineering fees, attorney fees, testing expenses, publication costs and financing costs, which Outlots shall become public parks of the District. Such Outlots may be improved by the District with general obligation funds. Such improvements shall consist of linear sidewalk trail. L. Outlots 1 and 2, of First National Business Park shall be acquired by the First National Bank Office Park Association. Thereafter, such lots shall be owned and maintained by such association. Ad valorem real estate taxes and other governmental charges associated with such ownership shall be paid by such association on a nondelinquent basis. Such lots shall be maintained as nonbuildable for purposes of facilities which shall be continually inhabited. Such outlots may, however, be maintained for recreational, landscaping, or for purposes of office park identification. M. Traffic signals shall be installed at the intersections of 137th and West Dodge Road, 132nd and FNB Parkway, and 144th and FNB Parkway. The costs associated with such improvements may be a general obligation of the District. N. The District shall enter into an interlocal Cooperation Agreement with Sanitary and Improvement District No. 397 of Douglas County, Nebraska (S.I.D. No. 397) for the following purposes: (1) Payment by the District to S.I.D. No. 397 of approximately Seven Hundred Nine Thousand Seven Hundred and no/100 Dollars ($709,700.00) for the entire cost of the construction of -4- storm water drainage improvements within Outlots 1 and 2 located within S.I.D. No. 397. The entire cost paid to S.I.D. No. 397 for these improvements may be a general obligation of the District; and (2) Payment to the District by S.I.D. No. 397 of fifty percent (50%) of the entire cost for the improvements to 137th Street which would otherwise be paid by special assessment against property within the District. The District shall be allowed to exclude such costs from its levy of special assessments. O. The District shall, as part of the initial street infrastructure of the FNB Business Park, as shown on Exhibit "B": (1) widen Sheehan Parkway to four (4) lanes between the West Dodge Road ramp terminals in accordance with utilizing the existing underpass opening. (2) construct 137th Street to a four (4) lane cross-section north of West Dodge Road. (3) construct 137th Street/FNB Parkway intersection. (4) construct 144th Street/E1 Dorado Drive site frontage road westbound approach intersection to 'three (3) lanes, including one (1) left-turn lane, one (1) right-turn lane, and one (1) shared through left-turn lane. P. The developer of the FNB property shall construct a connection to the retained 70 acres at the Boys Town/Hy Vee intersection, which, because of its limited initial use, will be constructed in two (2) stages, as follows: (1) the initial connection shall be constructed prior to grading of the north 374 acres so as to accommodate such grading. (2) if not sooner done, at or prior to the time a road connecting 137th Street and FNB Parkway ("Boys Town Frontage Road") to 132nd Street is constructed, the 132nd Street connection shall be completed to final configuration by the Developer of the Retained 70 Acres. 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 Village Engineer. The District shall not acquire any interest in real property without the prior approval of the City of Omaha. SECTION IV A. Village covenants and agrees that should the Village, 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 Village will levy same in accordance with this Agreement. -5- B. All parties covenant and agree that nothing in this Agreement shall be construed so as to oblige the Village 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 Village, except in the event the Village annexes only a part of the District, the District does not waive its right to contest a proper division of assets and liabilities. 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 Village pertaining to construction of public improvements in subdivisions and testing procedures therefor. B. Except as may otherwise be agreed to by Village, 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 burdens, or for any other reason, then no portion of the total amount shall be levied against said unbuildable lot, parcel or other area. Notwithstanding the foregoing, the District shall not be required to: (i) levy special assessments against any of the Outlots provided that the amount of special assessments which otherwise would have been levied against such Outlots are levied on the buildable lots within the Area to be Developed; and (ii) levy special assessments for fifty percent (50%) of the entire cost of 137th Street which would otherwise be levied against the property benefitted provided that such costs are specially assessed by S.I.D. No. 397 pursuant to the Interlocal Agreement discussed in Section II-N(2) hereof. Subdivider agrees to hold District and City harmless in the event the assessments relating to the Outlots and 137th Street are challenged or collaterally attacked. In that event, Subdivider agrees to assume the defense of the assessments and sustain all associated costs. C. The District shall provide the following information to the Village 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: (a) The amount paid to the contractor. (b) 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 and bond fees. -6- (c) A special itemization of all costs of the District not itemized in (a) and (b) 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 Village 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 The District agrees to annually levy a minimum ad valorem property tax levy of $1.00 per $100.00 of taxable valuation for the tax collection years of 1997, 1998, 1999 and 2000. On or about June 1, 2000, the District's fiscal agent will deliver to the City Finance Department, for review and approval, a cash flow projection by year for a twenty (20) year period. The cash flow projection shall include, but not be limited to, existing and projected taxable valuation, a projected annual debt service levy, existing and projected cash receipts, cash disbursements and available balances in the debt service fund. The projected annual debt service payments shall be based on a 20 year bond principal payback with level debt service payments each year and principal repayment to begin one year after original issue date. If the cash flow projection reveals that the District's tax levy of $1.00 is insufficient to retire the existing and projected future debt obligations, the District's Board of Trustees agrees to immediately begin levying a minimum debt service tax levy as required in the cash flow projection. Provided, that at such time as all warrants of the District attributable to its bond (construction) fund have been retired by way of bond issue, the District shall levy an annual tax rate sufficient to fully comply with the Nebraska Budget Act. Such annual mill levy shall, for a period of ten (10) consecutive years after the creating of the District or until District's debt is paid in full, whatever is the shorter period, not be less than the City's immediately prior levy. SECTION VII In the performance of this Agreement, the District shall not discriminate against any parties on account of race, national origin, sex, age, political or religious affiliations in violation of federal or state laws or local ordinances. 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. The City shall have exclusive control over connections to its sewers whether inside or outside the District's boundaries, and, except in respect to the Retained 70 Acres, the District shall not, without the -7- prior written approval of the City, permit any sewer lines or sewers 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. The District shall not collect connection 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 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 ordinances, statue, 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 any 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. • I. 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, (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" in conformance with the following: -8- 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. Payment for Construction of Interceptor Sewers. The District shall make payment to the City of Omaha the fee in the amount of $214,539.81, for the construction of interceptor sewers. This fee is computed as follows for the lots shown on the plat (Exhibit "A") : Lot 1, commercial 1.80 acres @ $3,878.16 per acre = $ 6,980.69 Lot 2, commercial 25.50 acres @ $3,878.16 per acre = $ 98,893.08 Lot 3, commercial 7.50 acres @ $3,878.16 per acre = $ 29,086.20 Lot 4, commercial 2.50 acres @ $3,878.16 per acre = $ 9,695.40 Lot 5, commercial 8.41 acres @ $3,878.16 per acre = $ 32,615.32 Lot 6, commercial 1.30 acres @ $3,878.16 per acre = $ 5,041.61 Lot 7, commercial 1.30 acres @ $3,878.16 per acre = $ 5,041.61 Lot 8, commercial 7.01 acres @ $3,878.16 per acre = $ 27,185.90 Outlot 3 (0.42 acres) , Outlot 4 (0.09 acres) and Outlot 5 (0.06 acres) , to be linear trail lots, therefore no interceptor monies are to be paid for such lots. If such lots are converted to a use other than recreational, interceptor sewer fees shall be payable at such time. Outlots 1 and 2, to be private park lots, therefore no interceptor monies are to be paid for such lots. If such lots are converted to a use other than recreational, interceptor sewer fees shall be payable at such time. If such areas are replatted or the use of such lots is changed, the fee charged shall be changed by the City on the basis of the wastewater flow generated compared to that generated by single-family residences. B. Additional Plats. 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 -9- current fee for the additional lots before any sewer permits are issued by the City of Omaha. C. Special Sewer Connection Fee. 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 District 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) Amount of Special Sewer Connection Fee. The real estate shall be charged the special sewer fee amount as set forth in Section IX-A for each lot or parcel. (2) Time of Collection. The Special Sewer Connection Fee shall be collected by the District from the owner of each lot or parcel or real estate or levied as a Special Assessment in the amount as shown in Section IX-A prior to the time of any such lot or parcel is built upon and before the building sewer is connected to the Sanitary system of the District. (3) Extent of Collection. The Special Sewer Connection Fee will be collected by the District on each lot from the date of this Agreement until the District has collected by such payment or through Special Assessment the entire amount paid by the District to the City, as described in Section IX- A. The entire proceeds collected by the District will be used by the District to pay off the warrants or other debts incurred by the District in obtaining the funds paid to the City as required in Section IX-A. D. City Sewer Connection and Sewer Use Fees to be Paid. 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, however, the City shall reduce its "Special Connection Fee -- Papillion Creek Watershed" for any lot listed in Section IX-A herein, by the amount paid by the District for that lot pursuant to that section and collected by the District from the party for whom the connection is made. E. Issue of Sewer Permit. No sewer permit will be issued by the City for any construction on any lot in the area described in Section IX-A until proof is furnished to the City of payment to the District of the Special Sewer Connection Fee or levy of the Special Assessment for that particular lot as called for in Section IX-A. F. Audit of District's Records. The Village shall have access at all times to the District records for the purpose of auditing the accounts pertaining to collection of the Special Sewer Connection Fee. G. Upon execution of this Agreement, the District shall make payment to the Village in cash or warrants immediately convertible into cash in the amount as stated in Section IX-A of this Agreement. The Village shall accept and retain such monies to make progress payments for -10- the design, construction and construction supervision for building interceptor sewers. 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 Village for review and approval prior to the installation of improvements. B. No separate administrative entity nor joint venture, among the parties, is deemed created by virtue of this Subdivision Agreement. C. The administration of this Subdivision Agreement shall be through the offices of the undersigned officers for their respective entities. D. Costs for the initial construction of erosion control measures shall be paid by the Subdivider. E. This Subdivision Agreement shall be binding upon the parties, their respective successors and assigns. This Subdivision Agreement shall be deemed assigned from the Village to the City upon disconnection ("detachment") of the Area to be Developed from the zoning jurisdiction of the Village. SECTION XI The District and Subdivider agree to comply with and to act in a manner consistent with the terms of the Village/City Interlocal Agreement dated December , 1994, and do expressly agree that upon the Village's disconnection of the Area to be Developed from the Village that subject to the terms of such interlocal agreement: A. The Area to be Developed shall thereupon be under the exclusive zoning jurisdiction of the City. B. City shall thereupon exercise exclusive zoning, platting, inspection, review and approval authority over the Area to be Developed, including the right to receive all fees payable in regard thereto. SECTION XII A. District shall construct the additional street improvements described in Paragraph 1 of Exhibit "E" to the Village/City Interlocal Agreement. If District shall fail or is unable to construct such improvements, Subdivider shall construct or cause same to be constructed. Subdivider shall construct, or cause to be constructed, the street connection required by Paragraph 2 of Exhibit "E" to the Village/City Interlocal Agreement. B. The State of Nebraska, at no cost to Village, has the responsibility to maintain West Dodge Road, the 137th Street interchange separation structure and the interchange ramps to a point where the ramps terminate, merge or intersect with the Village's street system (137th Street) . The State's maintenance obligation includes ice treatment and removal of snow. From and after disconnection of the Area to be Developed from the Village's corporate limits, District shall maintain and keep in good repair those portions of the 137th Street interchange not maintained by the Department of Roads, including the surface of 137th Street between the outer boundaries of the south and north ramps, the traffic signals, street lighting and electrical power therefor. -11- C. That portion of 137th Street south of the north boundary line of the north ramp of the 137th Street interchange shall remain under the Village zoning and regulatory jurisdiction until such time as Village shall determine to relinquish such jurisdiction by appropriate action taken. 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 By City Clerk Mayor Date ATT(ESyT: VILLAGE F BO S TO By Village Clerk Chairman r Boa d o Trustees Date SANITARY AND IMPROVEMENT DISTRICT ATTEST: NO. 396 OF DOUGLAS COUNTY, NEBRASKA SBytated hairma FIRST NATIO BANK OF 0 , a ATTEST: $ L— -- banking association, � By APPROVED AS TO FORM: ASSISTANT CITY ATTORNEY APPRO D AS TO FORM: V E TT -12- MIXED USE DISTRICT DEVELOPMENT AGREEMENT This Mixed Use District Development Agreement made pursuant to Provisions of the Zoning Ordinances of the Village of Boys Town, made and entered into this //2c day of l^�c.. , 1994, by and between the Village of Boys Town, Nebraska (Village) , and First National Bank of Omaha and its successors and assigns (Developer) . WITNESSET H: WHEREAS, Developer is the owner of the real estate described on the attached Exhibit "A, " which is incorporated herein by this reference and desires to establish and develop such property according to the provisions of the Mixed Use District Provisions of the Village Zoning Ordinances for the development of a project including general office developments, limited commercial uses and related outlots to be known as First National Business Park (Project) , and WHEREAS, in accordance with the requirements of the Village Code, the Developer has presented a Development Plan to the Village; and WHEREAS, Village, in the interest of maintaining the public, health, safety and welfare, desires to assure that such development is developed substantially in accordance with the Development Plan and therefore considers this Agreement to be in the best interests of the Village and WHEREAS, the Developer is willing to commit itself to the development of a project substantially in accordance with the Development Plan and desires to have a reasonable amount of flexibility to carry out the development and therefore considers this Agreement to be in its best interests; and WHEREAS, the Village and Developer desire to set forth in this Agreement their respective understandings and agreements with regard to the development and the Mixed Use District . NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows : TNBP NIXED USE DEVELO➢MENT AGREEMENT November 22, 1994 PAGE 1 MIXED USE DISTRICT DEVELOPMENT AGREEMENT SECTION 1. DEFINITIONS . 1 . 1 Building Coverage means that percentage of a platted lot dedicated to the horizontal area of an enclosed structure or structures with a roof supported by columns or walls for the shelter, support, or enclosure of persons or property. 1 . 2 Gross Building Area means the aggregate interior square footage on all levels of a particular structure or the total for all structures located on any lot, except parking structures and those portions of any building used for vehicle parking, measured from the interior surface of the exterior walls of such structure (s) (in the case of windows, doors or other openings in such exterior walls, the measurement being made from the innermost surface of the exterior walls in such windows, doors, or other openings are located) . 1 . 3 Floor Area Ratio means the ratio of Gross Building Area for any lot to the square footage of such lot . 1 . 4 Impervious Coverage means that the percentage of a platted lot which is dedicated to the horizontal area of all buildings, roofed or covered surfaces , paved surface areas , walkways, driveways or ramps . 1 . 5 Site Development Regulations mean those Gross Building Areas, Floor Area Ratios, Building Coverage percentages , Set-Backs , Maximum Building Heights , Site Areas, and Impervious Coverage percentages applicable to particular lots in First National Business Park, all as defined in this Agreement . SECTION 2 . DEVELOPMENT PLAN. 2 . 1 Except as otherwise permitted in this Agreement or the zoning ordinances of the Village, the project shall be developed in accordance with the Development Plan a/k/a Master Plan, which is attached hereto as Exhibit "B" and by this reference incorporated herein. ram DAZED USE DEVELOPMENT AGREEMENT November 22, 1994 PAGE 2 2 . 2 It is intended that this plan be a general schematic of the development . All parties recognize that from time to time for good and sufficient reasons it may be necessary for the Developers to alter the size or location of the buildings or support services . The Developer reserves the right to modify the Development Plan provided that such modifications do not violate any provisions of the Village Zoning Ordinance and the Village agrees that any and all of such modifications shall not constitute a violation of Section 2 .1 of this Agreement : 2 . 2 . 1 So long as the Site Development Regulations are not violated, Developer may alter the number of buildings and/or the location, physical shape or exterior dimensions of any structure shown on the Development Plan, within the boundaries of any platted lot. 2 . 2 . 2 As long as the Site Development Regulations are not violated, Developer may reduce or increase the number of buildings or lots as shown on the Development Plan by revising, combining or splitting lots . The Village shall, by administrative subdivision, grant any such lot splits, revisions or combinations as are necessary to carry out Developers Plan . If because of the requirements of law it is necessary to replat all or any portion of the project, the village agrees to accommodate such replatting as expeditiously as possible . 2 . 2 . 3 As long as the Site Development Regulations are not violated and with the approval of the designated administrative official of the Village (not to be unreasonably withheld) , the Developer may alter the location and design of any off-street parking areas or structures shown on any lot or area within the Development Plan so long as such alteration does not exceed the Maximum Impervious Coverage Ratio or the Minimum Off-Street Parking Ratio of any lot as set forth in the Site Development Regulations and conforms to the Minimum Landscaping Requirements . yin MIXED IISE DEVELOPMENT AGREEMENT Novembor 22, 1994 PAGE 3 2 . 2 . 4 Developer may increase the maximum Gross Building Area and corresponding Floor Area Ratio for any individual lot, as provided in the Site Development Regulations, by as much as 25% as long as such increase is accompanied by a corresponding decrease in Gross Building Area and Floor Area Ratio for another lot or lots so as to not exceed the total maximum Gross Building Area and Floor Area Ratio for the entire Project. 2 . 3 None of the foregoing provisions shall be construed to imply any waiver of any provision of the Zoning or Platting Requirements or any other section of the Village Code. SECTION 3 . USE REGULATIONS 3 . 1 All lots within the First National Business Park shall be used only as follows : 3 . 1 . 1 Lots 1, 6, and 7 permitted uses : offices (as below) and/or financial services offices, and/or restaurants (general) and related off- street parking facilities . 3 . 1 . 2 Lots 2, 3, 4 , 5 , and 8 permitted uses : any type of office purpose. Limited portions of the buildings, not to exceed 15% of the gross floor area of all buildings on each lot, may be devoted to ancillary service businesses such business support services, limited food sales, personal improvement services, and personal services supporting such office use . Portions of each lot will also include related off- street parking, some of which may be located within buildings and/or parking structures as well as surface parking lots . 3 . 1 . 3 Outlots 1 and 2 shall be developed as privately owned open space and shall be used only for pedestrian circulation and passive recreation activities . SECTION 4 SITE DEVELOPMENT REGULATIONS 4 . 1 Except as otherwise permitted in this Agreement, all lots in the First National Business Park shall be developed in accordance with the applicable Site Development Regulations contained in Exhibit "C" attached hereto . PIMP MIXED II SE DEVELOPMENT AGREEMENT November 22, 1994 PAGE 4 4 . 2 Recognizing that the September, 1994, Traffic Impact Study for the Project provides that to maintain a minimum level of traffic service "D" for the First National Business Park study area, a maximum of 1, 400, 000 square feet of gross building area may be developed on the property, Developer agrees that the Village may withhold the issuance of any building permit when the issuance of such building permit will cause the total square footage of Gross Building Area for all buildings within the Project to exceed the 1, 400, 000 square foot limitation. At that time, as a condition of obtaining the issuance of additional building permits, Developer agrees to cause Sanitary and Improvement District 396 of Douglas County, Nebraska ( "District " ) to cause the Traffic Impact Study of September, 1994, to be updated or if District has been annexed, Developer will update the Traffic Study to reflect the current traffic conditions and additional development planned for the District . The updated Traffic Impact Study shall identify any road improvements necessary to accommodate such additional development and/or set a new upper limit of total Gross Building Area for all buildings which shall supersede and replace the 1, 400 , 000 square foot of Gross Building Area limit herein, which new upper limit will not be exceeded without an additional Traffic Impact Study. This process may repeat as many times as necessary. If any Traffic Impact Study, as updated, shows the need for roadway improvements on streets then under the jurisdiction of the Village or any City, Developer agrees to participate with the Village or City in an equitable pro-rata sharing of the cost of such roadway improvements, the amount of such participation to be mutually agreed upon between the Developer and the Village or City at that time. Village and Developer understand and agree that the Boys Town Retained 70 Acres ( "Retained 70 Acres" ) are to have a build out entitlement of 1, 130 , 000 square feet . Any Traffic Impact Study performed in respect to the First National Business Park shall include the Boys Town Retained 70 Acres of 1, 130, 000 square feet of Gross Building Space of the type assumed therefor in the September Study and shall reflect a level of traffic service therefor of not less than "D. " 7NBP MIXED USE DEVELOPMENT AGREEMENT November 22, 1994 PAGE 5 SECTION 5 MAINTENANCE OF OUTLOTS 5 . 1 Outlots 1 and 2 will be maintained by Developers, their successors and assigns and neither the Sanitary and Improvement District formed for the purpose of installing public improvements for development of the project nor the Village nor any City will be required or obligated to provide maintenance to such areas. SECTION 6 LANDSCAPING AND PEDESTRIAN CIRCULATION 6 . 1 Landscaping for the project, including Outlots and pedestrian circulation systems, shall be in general accordance with the Development Plan attached hereto and the Minimum Landscaping Standards, attached hereto as Exhibit "D" . All landscaping shall meet the minimum requirements of the provisions of the Village. All outlots, pedestrian areas, and landscape areas located in public rights-of-way will be maintained by the Developer, their successors or assigns and neither the Sanitary and Improvement District formed for the purpose of installing public improvements for development of the project nor any Village nor City will be required or obligated to provide maintenance to such areas . SECTION 7 SIGNAGE . 7 . 1 Signage for the project shall be in accordance with the Sign Restrictions and Budget attached hereto as Exhibit "E" . SECTION 8 MISCELLANEOUS PROVISIONS . 8 . 1 The Village and Developer agree to do all things necessary or appropriate to carry out the terms of this Agreement and to aid and assist each other in carrying out its terms including, but not limited to, enactment by the Village of such Resolutions and Ordinances in taking of such other action as may be necessary to enable the Village and Developer to comply with the terms hereof. 8 . 2 The Village agrees that no revised site plan, plat, revised development plan or related documents shall be arbitrarily or unreasonably rejected or disapproved by the Village staff and will be acted upon as expeditiously as possible . PNBP MIXED USE DEVELOPMENT AGREEMENT November 22, 1994 PAGE 6 8 . 3 Village agrees to issue each building permit as expeditiously as possible and to grant individual occupancy permits on Tenant spaces as construction is completed, in accordance with local codes . But no such permit shall be issued unless work on portions of such buildings has advanced to a point that the individuals using the portions of the building for which their certificate of occupancy is to be issued will not be endangered by construction in progress and the building is safe for those to be occupied. 8 . 4 The designated administrative official of the Village shall have the authority to administer this Agreement on behalf of the Village and to exercise discretion with respect to those matters contained herein so long as the development proceeds in general accord with the Development Plan and with regard to those matters not fully determined at the date of this Agreement . However, such official shall have no authority to otherwise amend this Agreement unless requested by the Developer and/or its successors and assigns . 8 . 5 Except as outlined above in Section 2 , all substantial amendments to this Agreement shall require the approval of the Village and the Developers or their successors. This provision shall not abrogate any legal remedies available to the Village . If any provision of this Agreement is held invalid, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 8 . 6 The provisions of this Agreement shall run with the land in favor of and for the benefit of the Village and shall be binding upon the present and all successor owners of the real estate described on the attached Exhibit "A. " /NEP MIXED DEE DEVELOPMENT AGREEMENT Nov.mb.r 22, 1994 PAGE 7 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. ArTsnrii VILLAG OF " Pi�� Village Clark Chaff f Boar ' of Trustee Date ATTEST: FIRST NATIONAL BANK Of OMAHA, A Banking Associa Date APPROVED AS TO PORN: ! f41::wir / VILLAGE AT f-.• APPROVED AS SUCCESSOR TO VILLAGE 0? BOYS TOWN: ATTEST: CITY 0'/"L , 7 ~' I f City Clerk City ayor Date APPROVED AS TO FORM: ASSISTANT CITY TTORNE CM/TWO rind DM Dn. amt. FNBP MIXED USE DEVELOPMENT AGREEMENT November 11, 1994 PAGZ 8 v em S ICI 'W LW. ILAI I g COL w, _I. =_ ..__ —_.. —. 4.- ` 1�i 1l II II I,II.d.alyl .m 1 I sr; solvuoCMv'uoaJaauhJ awe, i® I I'I i421.1•, t 1 f; IT . MINED USE I ijli,':ItI1i r.i ,. la DISTRICT DEUELDPMENT AGREEMENT t..ai;i ••lt..Tip:,i- tail EHHIBIT 'IA" — li.�.i;i,i=-,.1 lili �� 1" 1 •}! tltoiiii i, ,liI”Lit!7 .,j 1 t 1 ! I I iI• M:iii li,i, :tt 1(i1 4 I . _ �ttl t' i-i' t r !i I s it I •,=l u'ili 11 t(t}.,� IA ` , t b - ill,il },itlii,1i21,i ilia I ! i i1�, i � y '1 '; h llllliiiliiiiii!iii•: 1 t;if ! i ! lit; 1 1 i I ii1 q it 1 77 T } t1.lii•,1 •y ! t 1!j ltt: i ittsIli i ill Its t}; If ,fi i(ijji!t#ii +itit}fs/f i a:( j ti Sill n =; # } t It ;:= iiifi1l.{,ta,•' i PI t•1 I It ( i t.1' itit:1' 7_ _ ti., lliii-1,1.1iui 1 'I — t,•ii I 1 ti:li! }ftlit,tlT !t �s + 11 .t l• iitI I •tI?;=;11(f;1'•7iii11I11 lij !� ! ! 1 I I 1ii t bail:tali:111 _. 1 I I it.a :, '1' i i II: Al lt,}{ li,j;SU,:.;411-iiisL;?; sii —..-- — — — — — .11i. lilt4E,J•,hilt 1• i,y _ ." . Iiit, : •t}!! i ,1.� ,J,i-;f rmr tom— _ :i•iihr!••iii!it„:1/Y1 j-i1liil lan i f ,\ _j^.I • 1 . q, =.,,1, 7 , f I Pa • y • ittt :.lf-1 r •.i.,1.r':- •1 i ' itialeiliI II: 11:l1! ,ti1'ijl-t I iliil }•-='t,.-it aJ I ;, _- I ill i _,1t il,il a g:�:11 '; 1 , _Me; ', i 1 ,�.phil `F=th , i.ii:It.:11..),, , \ 1, I.:?t1•T: , i.tl tpl•:-ti-!.,. r ;c;" e,\ 1 ". .4.:\"\:::. I 11 it 11 :PP-. t. w. PI 'al :,il_•a' iL.,i11{tilr21:1.= y a; •,w �� \ alit:PN-4!1: ;�:d:r1VA-i-i:1 `p� • e �+ \\ \`�` i,.rlli}iii,il.ctd:Lt.t77:a. .I - `-. if Cae. r -. \ .- '•: zI lir bi CO 93 .* % ti 4^j J gill • i � _ 77,..;_..,0„...--''':<.,CV• /Z ` ' tlig11, I „ ill ILl I \ I' - ?...at T9 :d J I LW � a is ' ! I I i� lLat I. 1 - III = II 5 -15Tr« �tm:.•oil, i! Y••'� • '„7. 10---77:777---- r-4,sm i . • it ari \et 171 O I. y O_ I. ••� tt I l`.T•� epee;•�i_ ��n ' Gs. / east i••. •• i .,,,,,,%<ta,„lir . 1 .0 t ‘I1 g / 1 p w, is v' eco\isH\- -c-4-- --1- �� C0CIntAA • .. .aitrt1\ /,e..••• 1"•.-4••ma;: .k0.. P / : . : : ' r•�Cr-� �.�-r>• re•..•.:j t• %> a>\ .f YJ Ili�l`,, n.e' - ._ •j • "Y i I i�•�fps �� \ e �• 0 L1 (:&NwI • I-1 k rt.° 4 N•;;,,,,s.mr„et _0_0. :: 4•. —mil I1�'li _Leer—�� p ,u' ...• ---*\ ----------:-.:_______—€1 _____________________,1-4rxna.)______________ Mluin 11SE OISTIIICT 11EIJEL01'MENI IIGf1EEMENT 111111111/ -11' EXHIBIT "C" Site Daveloazett Regulations ts `'` : `? w= � .;'„ =«, : 74t AntaLGmssBtdg;:(? ..: , , vrr y ,w', r'- ,` .- Size ;r _ i2 3N_e-of(1); Maw BId'4 Azea(Sq Ft},,,- 1#?1 f\t me Mmmmumi LotNumber.3.Iratcres 2,1,4V'-SquareFeet Buildings - Ht. (Feet)- ,arudinum-. '-Maxims.. EA.R -F.A.R_ 1 1.8 78,405 1-2 60 10,000 45,000 .574 .128 2 25.5 1,110,780 2-5 100 500,000 900,000 .810 .450 3 7.5 326,700 1-3 100 125,000 215,000 658 383 4 2.5 108,900 1 75 25,000 70,000 643 230 5. 8.41 366,340 1-3 100 140,000 240,000 .635 383 6 1.3 56,630 1 35 5,000 10,000 .177 .088 7 1.3 56,630 1 35 5,000 10,000 177 088 8 7 01 305,353 1-3 100 115,000 200,000 635 .377 Outlot 1 13.61 592,850 - - - - - - Outlot 2 .89 38,770 - - - - - - Cumulative Total: 69 82 3,041.360 9-19 - 920,000 1,690,000 .555 302 Minimum Building - - t'SetbacIrs (Ft.) (3) - _3., �s,�, MaxiatumImpervious m=(2) ` Public Rights- Other Lot Lot Number --Coverage Ratio Off-Street Parking Ratio - ' of-Way Lines 1 85% (4) 35 10 2 80% 1/350 G.5.F 50 35 3 85% 1/350GSF 50 35 4 85% 1/350 G.S.F 35 10 5 85% 1/350 G S F 50 35 6 75% (4) 35 10 7 75% (4) 35 10 8 85% 1/330 G S.F 50 35 Outlot 1 10% - - - Outlot 2 20% - - - Notes: (1) Includes primary use buildings only. Does not include above grade parking structures,which may be in addition to these requirements/restrictions. (2) May be accounted for in surface parking lots,in-building parking, parking structures, or any combination of these. (3) Applies to primary use buildings only. Set-back requrements for above-grade parking structures, or above-grade portions of parking structures,shall be one-half(1/2) of these amounts. There are no set-back requirements for below-grade or below-grade poisons of parking structures. (4) Depending upon use(i.e. office,restaurant, or bank)minimum parking requirement will be the same as that required in local zoning ordinances for such use as of the date of this Agreement MCN/y exhibit-C FNBP 9r Ow RquL EXHIBIT "C" November 11,1994 Page 1 EXHIBIT "D" Minimum Landscaping Standards 1 . All landscaping will be in general conformance with the First National Business Park development plan and the Zoning Regulations of the Village. 2 . Landscaping mill consist of plant materials, paving materials, ground cover, and other appropriate landscape features. 3 . Detailed landscaping plans for each building to be developed must be submitted and approved by the designated Administrative Official prior to issuance of a building permit for such building. 6 . Property abutting any street right-of-way, except for West Dodge Road and its entrance and exit ramps and 144th Street, shall be landscaped to a minimum depth of 15 feet. S . Medians exceeding 10 feet in width in any public street, parking lot, or entrance drive shall be landscaped. Such landscaping must be approved by the designated Administrative Official prior to installation. 6 . All landscaped areas, including Outlota and public street rights-of-way, will be installed and maintained by Developer or its successors and assigns, and neither the District nor the Village nor any City mill be required or obligated to maintain such areas. MCWM Fsb,bit'D'END?Mln Gndsoptng Standards. EMBZBZT °D• November 11, 1994 Page 1 EXHIBIT "E" First National Business Park Sian Reaulations and Budctet SECTION 1 . PERMITTED SIGN TYPES. 1 . 1 Permitted signs in the First National Business Park are restricted to flags, business center identification, directional , electronic information , ground/monument , owner identification, Business Park identification, and wall type signs . SECTION 2 . BUSINESS PARR IDENTIFICATION SIGNS. 2 . 1 The developer of the First National Business Park will be permitted to erect up to seven (7) Business Park identification signs located as shown on the Plan attached as Attachment 1 . All such signs will be either ground or wall signs . No single sign will exceed 150 square feet in area and the cumulative total of all such signs will not exceed 750 square feet in area. All such signs will be set back a minimum of ten (10) feet from street rights-of- way and will not exceed six (6) feet in height from the bottom of the sign panel for ground signs . In the case of wall signs located on retaining walls, such signs shall not exceed the height of the wall . These signs will be in addition to permitted signs on individual lots . These signs will be limited to the name of the Business Park only. SECTION 3 . SIGN BUDGET. 3 . 1 A sign budget for individual lots within the First National Business Park is attached hereto as Attachment 2 . The permitted sign area for each lot is based upon size of each lot in relation to the total net lot area in the Business Park. The total sign budget for the Business Park is 6, 540 square feet . The owner of each lot may allocate its pro-rata share of this sign budget for each lot between and among the various permitted sign types, and between and among separate structures located or to be located on each lot. EXHIBIT •E• SIGN REGULATIONS AND BUDGET 11/11/94 PAGE 1 Directional and information signs within parking lots, parking structures, and outlots that do not exceed four (4) square feet per sign face in size, and Business Park identification signs are exempt from the sign budget . SECTION 4 . TRANSFER OF SIGN BUDGET. 4 . 1 Transfer of any permitted maximum Gross Building Area between lots, made in accordance with Section 2 . 2 .4 of this Agreement, may also permit transfer of a corresponding portion of each lots sign budget. 4 . 2 In addition, up to 10% of the sign budget for any lot may be transferred to any other lot, on a square foot to square foot basis, by written notice from each lot owner identifying and describing the lots involved and the square footage of increase and corresponding decrease in each lot ' s sign budget . SECTION 5 . HEIGHT, SET-BACK, AND AUXILIARY REGULATORS. 5 . 1 Except as otherwise provided in this Sign Regulation and Budget , the maximum height, required minimum set-backs , and auxiliary design elements, including types of permitted illumination, for any sign shall be governed by the requirements of the local jurisdiction exercising zoning authority as applied in the following manner: a . For lots 1, 6, and 7 , the regulations for community commercial zoning shall apply, except that wall signs may be erected to the height of the wall. b . For lots 2, 3, 4, 5, 8, and Outlots 1 and 2, the regulations for general office zoning shall apply. c . Ground/monument signs will not exceed 8 feet in height. d . Directional signs shall not exceed 3 . 5 feet in height. e . Electronic information signs shall be limited to time and temperature only. IXEIBIT •B• SIGN REGULATIONS AND BUDGET 11/11/94 PAGE 2 f , Flags shall be limited to countries, governmental entities, corporate logo, or decorative with no advertising. SECTION 6. APPLICATION PROCEDURES . 6 . 1 All signs will be installed subject to a sign permit from the jurisdiction exercising zoning authority. Unless specifically provided for in this Sign Regulation and Budget, all other sign provisions and regulations of such local jurisdiction in effect at the date hereof will apply. EXHIBIT •E• SIGN REGULATIONS AND BUDGET 11/11/94 PAGE 3 _ I} woe note •WM,.au (i'!i P y _ - - __ +ri�.., "--' I,. ! 1 I t-i ;"' i I oui voiniooe.a 9 uo.aas u(� ou vi '� RUHCHMENT 1 - / 'i Business Park identification ° { 'i, {ili rs Sign Locations li., t':-{oSS71 i, lilt ii;ili7 i°'i. .tii7 iii 1 1})JIJS .lsirs ,.2 ?•ijr.Si+;"{{�--;�Sliii'y ;li 3 j :i,� 1 1 i. , it if ti}it1J..i1iola i tir iid 1r yI t,tillil,t31�2JJ))I;; d : li JI 11 {i -i ! l} a3} 3pp 1 q3. [te I : i; ti:l 1if., ` !a I - " M [ 1 =IJI!MJiPfli •. 1 1fcc {t[:Ili1 >I('i 1i{ pIii Ji Si:[ li J d J, J. C o; it < .f'it ; " J:`1 ' ci{t•}I,l 3ti!}i=Jli 31 IS �1 (!-i {{lfi 1 i I 1fi ,ij}�{2r12{it{3 J1v'i lI II �iii = II' ' S7);{!!>.Si7:tJFiljit2 + ! . hill i- iil .i 4. t �ylnen,i 'ii II;1;59Ii} lii�ikf�lii ;i113i:1� _, .._-- -------.. -- i ( I+Slj;lir ilii1Li l'il• �sJ ' 3 ;. fifi>� ,�Iu.iirsalJri 141.12. --�imruar--= .- 1' 7t}ll.2 _ .J:,.hi _1 1 i +II.JJJii; 1. *-111,4s; i'! '_ I L �._I•-'• 11-31, t +iitig§i,iel'i. ,i.vii } j \ 1 '• 1 2 ,ic...^ --i- e ; , .; li 1 1 IL.--_1:3\ X iti 1 tig �lsl..e-11113:.i}t:A;1` i 1 �'ill!al i;1 Ji;l.i -121.,11i i i • i� niii).illi j {ila•l-M ° I iliti1+ „agili,illlii,.:,l l � 1 l( l' I{ f;• i'f It111'1:�''ii :(f't?i31�1L' - ' I ; •i'I it.j•fflr•l. '- i-e..-•• i-'. - lii3Stllia/}nt i,t�:-Jl.:.i`':;.ui= I 1it-ttilt-i;jfipiii.e.ei ' :it ;: •a1-ijiNf(ti)'i•1 iia='t„t ,� " j.` y !'loud 1• ! •-=_iiiiii.,Si=%:ILf1iJ:r:• 1 iq 1 ,o Si,tj 0- v ;I! I = .1 ..,;<,, -- „/7 i ; 1 C - 1 ' A / .--i,..„------- i Q oGs I . 2 , 1 1 3 2 , I; t'2 li I \• , ,,i-,-, 01/! zas 31 „ , , , ii 16iryl1{ 11 I / • �3,7; 7 } I : : i I } illi�ill l• i i.�«. ! ,i ' 7 • s 1 Q li f Whit!!} 1i , ii , i1 �,.uiiili { I Z 1 —' & •y I. '„ rIJ•fJ•.IJI-iI-,l,••I• .,.1. ~+ .•; •Lase.. I .� ATTACHMENT 2 SIGN BUDGET Lot Number Permitted Sign Types 1 Flag, Electronic Information, Ground, Monument, Owner Identification, and Wall. 2, 3, 4, 5, & Flag, Ground, Monument, 8 Owner Identification, and Wall . 6 & 7 Ground, Monument, Owner Identification, and Wall. Lot Number Sign Budget (Sq.Ft . ) 1 515 2 2 , 710 3 890 4 295 5 995 6 155 7 155 8 825 Total Budget 6, 540 (Sq.Ft. ) rarnnona minis s ales In. r EXHIBIT •E• SIGN REGULATIONS AND BUDGET 11/11/94 PAGE 4 04 za 0 tv -4--t‘ " 1 c i X( , v t 1 - 'i G Y H r ' S. ts = � �to rn o Ca oPrtttt1 V � 1 oG CD tnnhf " mn 7; 1 ',�. 4 .. a.-a C Jl rr 7:1 N N H. p G t+7 O t\1 CA ri 1 •" LL Q'•• AJ w rt W `C rt rf ! co a art N rt m G' O F � �� wc� rtQN, nz 3Nw 10 L G Y• O O w e °G \A) yJ �r 1 Sk CD , w d N N• N n O O w 0 r~r 11 Km ro 1 ,y .' Co r. rt rat rr MwOG I e..` Si. a\ C.0 , ) C Y. O ry1 7"d G p. n �. y f�a+� Q V ' \ .P c- _ N Cr. "i rt 11 co Y• H \d t `�-",. ` I {Y •j d \ a. G. rr m" o N "' G 5" G O� 1J -< t,- I .i'� e Gas w rt r 1 '11 }J II, n m H.rt N ,rt rrt Y. f0n O 00 F co K-' A I • t__ r r'r rt r+ R. N rtl G. n I � (`"Y� G' w w w rt w n rt w I.:1 1 1 . ' h N H G tJ M c< rY G G I-' �q ` ' Pi (n G rt 7' N N 1 I I\C `i r �}4 o w rt a 5 `o R. 9 1 I I `� t rn B r• rt w N rt j 11 ! 11 VV Y• O o rt t m rt G O N N }�,r, "" .n d f ' "rat H I I 1 • • !` !(!«:!lza, %2 ° |I !■ /R!!q1 a ° ! \.� I.■=!- � © ~2a4 \| df ,t�|i |22// | !!L!l=; datl ' algli| . ! - , i.:_- ; 2/�` q n f � g. . e- } d#R!! $ q s o /6gQ / 2\ c / |R ou / »/k, %/ 4 k ® /! g 5 hg#g - / .,l�1l: ;` ! . a = / 3 V// /q 72 @ /\/\cm-- "-/; : 92: