BOARD OF COUNTY COMMISSIONERS SARPY COUNTY, NEBRASKA RESOLUTION APPROVING AND AUTHORIZING CHAIRMAN TO SIGN THE SEWER AND WATER CONNECTION AGREEMENT WITH LAKE VIEW 126, LLC, SANITARY AND IMPROVEMENT DISTRICT 292 (SID 292) AND CITY OF PAPILLION (North Shore residential development, Phase 1, 2, and 3 connection to Baseball Outfall) WHEREAS, pursuant to Neb. Rev. Stat. 23-104, the County has the power to do all acts in relation to the concerns of the County necessary to the exercise of its corporate powers; and, WHEREAS, pursuant to Neb. Rev. Stat. 23-103, the powers of the County as a body are exercised by the County Board; and, WHEREAS, Sarpy County operates a sanitary sewer system pursuant to County Industrial Sewer Act, found at Neb. Rev. Stat. 23-3601, et seq, (the Sarpy Sewer ); and, WHEREAS, the residential development, North Shore, desires to provide for the flow, transportation and handling of sewage collected in or flowing into the North Shore sewer to be connected to the Sarpy Sewer, specifically, the Sarpy County Baseball Outfall and to permit flowage thereof into the Sarpy Sewer; and, WHEREAS, City of Papillion and Sarpy County have multiple agreements outlining the rights and responsibilities of sewer drainage within the Baseball Stadium Outfall drainage basin (County Resolutions 2010-067, 2013-069, and 2017-138); and, WHEREAS, an agreement has been proposed with Lake View 126, LLC, SID 292, City of Papillion, and Sarpy County outlining the requirements, responsibilities, and payment of sewer connection fees and sewer use fees for the North Shore sewer connections to the Sarpy Sewer. A copy of said Sewer and Water Connection Agreement is attached hereto. NOW, THEREFORE, BE IT RESOLVED by the Sarpy County Board of Commissioners that this Board makes the following findings of fact: 1. The proposed connection to the Sarpy Sewer by the North Shore development include residential connections. 2. On July 5, 2017, the City of Papillion, by Resolution No. R17-0122, recommended approval for the North Shore development to connect to the Sarpy Sewer. A copy of Resolution No. R17-0122 is on file with the Sarpy County Clerk. 3. Sarpy County has followed the requirements of Neb. Rev. Stat. Sect. 23-3635 for residential sewer connection requests.
NOW, THEREFORE, BE IT RESOLVED by the Sarpy County Board of Commissioners that this Board hereby approves and adopts the attached Sewer and Water Connection Agreement with Lake View 126, LLC, SID 292, and City of Papillion. BE IT FURTHER RESOLVED that the Chair and the Clerk are hereby authorized to execute said Agreement on behalf of Sarpy County, Nebraska and they, in addition to the County Public Works Direct and Fiscal Administrator or their designees are authorized to take such other actions as may be necessary under the terms of said Agreement. The above Resolution was approved by a vote of the Sarpy County Board of Commissioners at a public meeting duly held in accordance with applicable law on the day of 2017. Attest SEAL Sarpy County Board Chairman County Clerk
NORTH SHORE SEWER AND WATER CONNECTION AGREEMENT THIS SEWER AND WATER CONNECTION AGREEMENT (hereinafter referred to as the Agreement ) is fully executed this day of, 2017 (the Effective Date ) by and between LAKE VIEW 126, LLC, a Nebraska limited liability company, (hereinafter referred to as DEVELOPER ), SANITARY AND IMPROVEMENT DISTRICT NO. 292 OF SARPY COUNTY, NEBRASKA, (hereinafter referred to as DISTRICT ), THE COUNTY OF SARPY, NEBRASKA, a political subdivision of the State of Nebraska (hereinafter referred to as COUNTY ), and the CITY OF PAPILLION, a municipal corporation in Sarpy County, Nebraska (hereinafter referred to as CITY ), (collectively, the Parties ). RECITALS WHEREAS, DISTRICT does hereby represent and warrant that it is a duly organized and existing body corporate and politic in accordance with and under the laws of the State of Nebraska, being in compliance with all applicable laws of the State of Nebraska and particularly with Article 7 of Chapter 31 of the Nebraska Revised Statutes; and WHEREAS, DEVELOPER was the owner of the parcels of land described in Exhibit A, attached hereto at that time that such parcels were platted. All such parcels of land are within CITY s zoning and platting jurisdiction; and WHEREAS, DEVELOPER requested CITY to approve a specific platting of the area to be developed, known as North Shore, as depicted in the Final Plat Exhibit attached as Exhibit B (the Development Area ), which area was platted in phases as Lots 1 301, inclusive, and Outlots A D, inclusive (hereinafter referred to as Phases 1 and 2 ) and Lots 302 362, inclusive, and Outlots E H, inclusive (hereinafter referred to as Phase 3 ); and WHEREAS, DISTRICT and CITY (hereinafter referred to as the Original Parties ) previously entered into a sewer and water connection agreement dated August 6, 2013 (hereinafter referred to as the 2013 Sewer and Water Connection Agreement ), as approved by City Council as Resolution No. R13-0118, which contemplated that the entire Development Area would connect to the Baseball Stadium Outfall Sewer and the Western Springs Outfall Sewer; and WHEREAS, the Development Area is subject to the terms of an Interlocal Cooperation Agreement entered into by COUNTY pursuant to Resolution No. 2010-067 and CITY pursuant to Resolution No. R10-0038 (the Interlocal Agreement ), in accordance with the Interlocal Cooperation Act, Neb. Rev. Stat. 13-801 to 13-827, the purpose of which was to facilitate the construction of a sanitary outfall sewer by Papillion to the proposed Sarpy County baseball stadium site, to allocate the costs thereof, to provide for the maintenance of the same which came to be known as the Baseball Stadium Outfall, to address the charging and collection of connection fees in the watershed that uses the Baseball Stadium Outfall, and to provide for the acquisition of permanent flowage rights in sewers east of the basin served by the Baseball Stadium Outfall by Papillion from Sarpy County; and 1
WHEREAS, pursuant to COUNTY Resolution No. 2013-069 and CITY Resolution No. R13-0044, COUNTY and CITY agreed to a First Amendment to the Interlocal Agreement, which, among other changes, amended Section 10 of the Interlocal Agreement to require that both COUNTY and CITY enter into future Water and Sewer Connection Agreements with any new developments within the Baseball Stadium Outfall drainage basin. As such, the Original Parties desire to terminate the 2013 Sewer and Water Connection Agreement and replace it with this new Agreement, which includes COUNTY as a party, in order to ensure that any active water and sewer connection agreement(s) for Phases 1, 2, and 3 are in compliance with the First Amendment to the Interlocal Agreement; and WHEREAS, COUNTY, by virtue of executing this Agreement, is now a party to a water and sewer connection agreement for Phases 1, 2, and 3; however, COUNTY makes no representations regarding any connection approvals granted to Phases 1 and 2 prior to the execution of this Agreement given that COUNTY was not a party to the 2013 Sewer and Water Connection Agreement; and WHEREAS, DISTRICT for Phases 1 and 2 pursuant to the 2013 Sewer and Water Connection Agreement with CITY: (1) undertook the construction of sanitary sewer lines and appurtenances within and immediately outside the boundaries of the Development Area, (2) provided for the flow and handling of sewage collected in or flowing into said sanitary sewer system, and (3) requested that flowage therefrom be permitted to flow into the sewage system served by the Baseball Stadium Outfall Sewer and the Western Springs Outfall Sewer in order to process said sewage to and through any existing or hereafter constructed sewage treatment plant or plants of the CITY or COUNTY, as applicable, insofar as the CITY or COUNTY may be processing their own sewage or causing any other public corporation to process their own sewage; and WHEREAS, DISTRICT for Phase 3: (1) intends to undertake the construction of sanitary sewer lines and appurtenances within and immediately outside the boundaries of the Development Area, (2) desires to provide for the flow and handling of sewage collected in or flowing into said sanitary sewer system, and (3) has requested that CITY and COUNTY permit flowage therefrom into the sewage system served by the Baseball Stadium Outfall Sewer in order to process said sewage to and through any existing or hereafter constructed sewage treatment plant or plants of the CITY or COUNTY, as applicable, insofar as the CITY or COUNTY may be processing their own sewage or causing any other public corporation to process their own sewage; and WHEREAS, DISTRICT intends to undertake the construction of water mains, water lines, and appurtenances within and immediately outside the boundaries of the Development Area and desires to connect to the CITY s water system. NOW, THEREFORE, in consideration of the mutual agreements and covenants of the Parties hereto and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 2
Section 1 Termination of the 2013 Sewer and Water Connection Agreement A. Termination. The Original Parties agree that the 2013 Sewer and Water Connection Agreement is hereby terminated, rescinded, and rendered null and void and replaced and superseded by this Agreement upon the Effective Date of this Agreement. B. Release and Waiver. DISTRICT releases and forever discharges CITY from any and all liabilities that have arisen or may arise from the 2013 Sewer and Water Connection Agreement, and DISTRICT waives any and all claims which have arisen or may arise from the 2013 Sewer and Water Connection Agreement prior to the Effective Date of this Agreement. C. No Representations by COUNTY prior to this Agreement. COUNTY makes no representations and bears no responsibility for any connection approvals granted to Phases 1 and 2 prior to the execution of this Agreement given that COUNTY was not a party to the 2013 Sewer and Water Connection Agreement. Section 2 Definitions A. Definitions. For the purposes of this Agreement, the following words and phrases shall have the following meanings: (1) DISTRICT s Sewer System shall mean all sanitary sewers, sanitary sewer systems, and appurtenances thereto, whether now in existence or hereafter constructed, that are: a. Situated within the DISTRICT s boundaries (whether or not owned by DISTRICT) and served by the Baseball Stadium Outfall Sewer or Western Springs Outfall Sewer, as depicted in Exhibit C; or b. Owned by DISTRICT, (whether or not located within DISTRICT s boundaries) and served by the Baseball Stadium Outfall Sewer or Western Springs Outfall Sewer, as depicted in Exhibit C; or c. Serving as an outfall sewer or other connecting sewer from DISTRICT s boundaries to the point of connection with the sewage system served by the Baseball Stadium Outfall Sewer or Western Springs Outfall Sewer. Private sewer service lines constructed on private property for the purpose of providing sewer service directly from DISTRICT s Sewer System to any individual lots or building(s) shall be excluded from the meaning of the term DISTRICT s Sewer System whenever such term is used in this Agreement. (2) DISTRICT s Water System shall mean all water mains, water lines, water systems, and appurtenances thereto, whether now in existence or hereafter constructed, that are: 3
a. Situated within the DISTRICT s boundaries (whether or not owned by DISTRICT); or b. Owned by DISTRICT, (whether or not located within DISTRICT s boundaries). Private water lines constructed on private property for the purpose of providing water service directly from DISTRICT s Water System to any individual lots or building(s) shall be excluded from the meaning of the term DISTRICT s Water System whenever such term is used in this Agreement. Section 3 Permission to Connect A. Permission to Connect DISTRICT s Sewer System to Baseball Stadium Outfall Sewer. CITY and COUNTY hereby grant permission to DISTRICT to connect DISTRICT s Sewer System to the sanitary sewer system served by the Baseball Stadium Outfall Sewer contingent upon the following: (1) compliance with the County Industrial Sewer Construction Act, Neb. Rev. Stat. 23-3601 through 23-3637, (2) the proposed plans and specifications for DISTRICT s Sewer System have been formally approved by CITY, as is required before DISTRICT may begin construction of DISTRICT s Sewer System, and (3) the as-built plans and specifications for DISTRICT s Sewer System have been formally approved by CITY, as is required before CITY shall approve the complete construction of DISTRICT s Sewer System. CITY and COUNTY further agree to accept and process the resulting sanitary sewage from that portion of the Development Area located within the Baseball Stadium Outfall Service Area in accordance with the rules and regulations of CITY and COUNTY, as applicable. B. Permission to Connect DISTRICT s Sewer System to Western Springs Outfall Sewer. CITY hereby grants permission to DISTRICT to connect DISTRICT s Sewer System to the sanitary sewer system served by the Western Springs Outfall Sewer contingent upon the following: (1) the proposed plans and specifications for DISTRICT s Sewer System were formally approved by CITY and (2) the as-built plans and specifications for DISTRICT s Sewer System that connects to the Western Springs Outfall Sewer were formally approved by CITY pursuant to the 2013 Sewer and Water Connection Agreement. CITY further agrees to accept and process the resulting sanitary sewage from that portion of the Development Area located within the Western Springs Outfall Service Area in accordance with the rules and regulations of CITY. C. Permission to Connect DISTRICT s Water System. CITY hereby grants permission to DISTRICT to connect DISTRICT s water system to CITY s water system contingent upon the following: (1) the proposed plans and specifications for DISTRICT s Water System have been formally approved by CITY, as is required before DISTRICT may begin construction of DISTRICT s Water System, and (2) the as-built plans and specifications for DISTRICT s Water System have been formally approved by CITY, as is required before CITY shall approve the complete construction of DISTRICT s Water System. CITY 4
hereby further agrees to supply water to the development in accordance with the rules and regulations of CITY. Section 4 DISTRICT Easements, Licenses, and Covenants A. DISTRICT Easements and Licenses. (1) DISTRICT hereby grants and conveys: a. An easement and license unto CITY and COUNTY, and their successors and assigns, to transmit through DISTRICT s Sewer System sanitary sewage from any area now or thereafter serviced, directly or indirectly, by CITY s or COUNTY s sewer system or any part thereof; and b. An easement and license unto CITY, and its successors and assigns, to transmit water through DISTRICT s water system as required; and c. An easement and license unto CITY, COUNTY, their successors and assigns, and their employees, representatives, and agents, to enter upon and into the property, streets, roads, public ways, and easements located within the Development Area for the purpose of inspecting, maintaining, repairing, or reconstructing that portion of DISTRICT s Sewer System for which CITY and COUNTY have been given an easement and license by DISTRICT, as aforesaid. However, the Parties agree that such easement and license do not create a requirement that CITY or COUNTY perform any inspections, maintenance, repairs, or reconstruction beyond what is required by law or as otherwise agreed to by the Parties; and d. An easement and license unto CITY, its successors and assigns, and its employees, representatives, and agents, to enter upon and into the property, streets, roads, public ways, and easements located within the Development Area for the purpose of inspecting, maintaining, repairing, or reconstructing that portion of DISTRICT s water system for which CITY has been given an easement and license by DISTRICT, as aforesaid. However, the Parties agree that such easement and license do not create a requirement that CITY perform any inspections, maintenance, repairs, or reconstruction beyond what is required by law or as otherwise agreed to by the Parties; and e. An easement and license unto CITY, COUNTY, their successors and assigns, and their employees, representatives, and agents, to enter upon and into the property, streets, roads, public ways, and easements located within the Development Area for the purpose of disconnecting any connection to or by DISTRICT s Sewer System which has been made without the required approvals of CITY or COUNTY pertaining to said sewer connection; and f. An easement and license unto CITY and COUNTY, and their successors and assigns, to connect CITY s or COUNTY s sewer system, or any part thereof, as 5
applicable, to DISTRICT s Sewer System in such manner and at such place as determined by CITY or COUNTY. CITY and COUNTY shall not be required to pay any connection fee or connection charge for such connection(s). g. An easement and license unto CITY, and its successors and assigns, to connect CITY s water system, or any part thereof, as applicable, to DISTRICT s Water System in such manner and at such place as determined by CITY. CITY shall not be required to pay any connection fee or connection charge for such connection(s). (2) Easement Requirements. a. For Phase 3, DISTRICT shall record with the Sarpy County Register of Deeds a separate instrument for each easement contemplated within this Agreement, or otherwise required by CITY or COUNTY, as applicable, before either: (1) the transfer of ownership of any property within Phase 3 or (2) the issuance of any building permits within Phase 3. In the event any such easements have not yet been recorded for Phases 1 and 2, DISTRICT shall commence procuring all such easements immediately following the Effective Date of the Agreement. b. DISTRICT shall provide copies of all easements to CITY or COUNTY, as applicable, immediately after they are recorded. c. All easements shall run with the land and shall include a prescription outlining the rights and terms of each easement and all corresponding maintenance responsibilities. d. All easements contemplated within this Agreement, or otherwise required by CITY or COUNTY, shall be prepared and filed in a form satisfactory to CITY or COUNTY, as applicable. B. DISTRICT Covenants. (1) DISTRICT hereby covenants: a. To maintain and repair DISTRICT s Sewer System as necessary to comply with all applicable federal, state, CITY, and COUNTY rules and regulations. b. To maintain and repair DISTRICT s Water System as necessary to comply with all applicable federal, state, and CITY rules and regulations. c. In the event that CITY or COUNTY discover anything in the construction, maintenance, or operation of DISTRICT S Sewer System which is not in conformance with the corresponding plans approved by CITY and will, in the reasonable opinion of CITY or COUNTY, be detrimental to the proper operation of the CITY or COUNTY sewer system, or any part thereof, DISTRICT shall, upon written notice thereof, promptly correct said defects to CITY and COUNTY s satisfaction. 6
d. In the event that CITY discovers anything in the construction, maintenance, or operation of DISTRICT S Water System which is not in conformance with the corresponding plans approved by CITY and will, in the reasonable opinion of CITY, be detrimental to the proper operation of the CITY water system, or any part thereof, DISTRICT shall, upon written notice thereof, promptly correct said defects to CITY s satisfaction. C. Perpetual Until Annexation. The easements, licenses, and covenants granted and agreed to herein shall be perpetual and run with the land; provided, however, that in the event either CITY or COUNTY acquire title to DISTRICT s Sewer System, DISTRICT s Water System, or any portion thereof, by purchase, annexation, partial annexation, or any other means, DISTRICT s obligations to maintain and repair such system(s) shall thereafter terminate with respect to those portions of such system(s) acquired by CITY or COUNTY. D. Assignment of COUNTY Easements to CITY upon Acquisition. In the event CITY acquires title to Baseball Stadium Outfall Sewer, COUNTY agrees to assign all easements and licenses granted and conveyed to COUNTY pursuant to this Agreement to CITY by the time such acquisition by CITY is accomplished. Section 5 Connection Restrictions, Regulations, and Indemnification A. DISTRICT s Sewer System Connection Restriction. So long as DISTRICT exists, DISTRICT agrees that no connection shall be made to or by DISTRICT s Sewer System until: (1) the proposed plans and specifications for DISTRICT s Sewer System have been formally approved by CITY, as is required before DISTRICT may begin construction of DISTRICT s Sewer System, and (2) as-built plans and specifications for DISTRICT s Sewer System have been formally approved by CITY, as is required before CITY shall approve the complete construction of DISTRICT s Sewer System. B. DISTRICT s Water System Connection Restriction. DISTRICT agrees that no connection shall be made to or by DISTRICT s Water System until: (1) the proposed plans and specifications for DISTRICT s Water System have been formally approved by CITY, as is required before DISTRICT may begin construction of DISTRICT s Water System, and (2) as-built plans and specifications for DISTRICT s Water System have been formally approved by CITY, as is required before CITY shall approve the complete construction of DISTRICT s Water System. C. Right to Disconnect Sewer System Connections Made Without Approvals. CITY and COUNTY shall have the right to enter the Development Area to disconnect any connection to or by DISTRICT s Sewer System which has been made without the required approvals of CITY or COUNTY pertaining to said sewer connection. D. Right to Disconnect Water System Connections Made Without Approvals. CITY shall have the right to enter the Development Area to disconnect any connection to or by DISTRICT s Water System which has been made without the required approvals of CITY pertaining to said water connection. 7
E. Water System DHHS Compliance. All connections and disbursements of water into CITY s water system or DISTRICT s Water System shall be in accordance with Title 179 -- Public Water Systems of the Nebraska Department of Health and Human Services (DHHS) rules and regulations. No entity, group, or individual shall connect to CITY s water system without obtaining all of the necessary permits and approvals from CITY and DHHS. Any unlawful connections or disbursement of water into CITY s Water System by DISTRICT or a designee or agent of DISTRICT shall be the full responsibility of DISTRICT. F. Water System Indemnification. DISTRICT shall defend, indemnify, and hold CITY and its respective employees, agents, and assigns harmless from and against any and all claims, suits, demands, penalties, court costs, attorneys fees, other litigation costs, demands, penalties, judgments, actions, losses, damages, or injuries of any nature whatsoever, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, resulting or arising from, out of, or otherwise occurring in relation to any unlawful connection and/or disbursement of water into CITY s water system. Any and all resulting fees and/or penalties imposed by DHHS shall be the full responsibility of DISTRICT. G. Sewer System DEQ Compliance. All connections and disbursements of sewage into CITY s or COUNTY s sanitary sewer system or DISTRICT s Sewer System shall be in accordance with Title 123 -- Rules and Regulations for the Design, Operation and Maintenance of Wastewater Works of the Nebraska Department of Environmental Quality (DEQ) rules and regulations. No entity, group, or individual shall connect to CITY s or COUNTY s sanitary sewer system without obtaining all of the necessary permits and approvals from CITY and DEQ. So long as DISTRICT exists, any unlawful connections or disbursement of sewage into CITY s sanitary sewer system by DISTRICT or a designee or agent of DISTRICT shall be the full responsibility of DISTRICT. H. Sewer System Indemnification. So long as DISTRICT exists, DISTRICT shall defend, indemnify, and hold CITY, COUNTY, and their respective employees, agents, and assigns harmless from and against any and all claims, suits, demands, penalties, court costs, attorneys fees, other litigation costs, demands, penalties, judgments, actions, losses, damages, or injuries of any nature whatsoever, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, resulting or arising from, out of, or otherwise occurring in relation to any interruption in service or any unlawful connection and/or disbursement of sewage into CITY s or COUNTY s sanitary sewer system. So long as DISTRICT exists, any and all resulting fees and/or penalties imposed by DEQ shall be the full responsibility of DISTRICT. Section 6 Sewer and Water Service Fees A. Sewer and Water Service Fees. As compensation for the treatment and disposal of sanitary sewage flowing and collected from that portion of the Development Area located within the Baseball Stadium Outfall Service Area into CITY s or COUNTY s sewer system and as compensation for supplying water from CITY s water system to properties within the 8
Development Area, DISTRICT agrees to pay to CITY sewer and water service fees, the sum of which shall be determined under the rules, ordinances, or agreements of CITY; alternatively, DISTRICT agrees CITY may directly bill the users of such sewer and water systems. Section 7 Other Connections A. No Outside Connections Without Approval. Without prior specific written approval by CITY or COUNTY, as applicable, DISTRICT shall not permit any sewer or water lines or systems of sewer or water lines located outside the Development Area, either directly or indirectly serving areas outside the Development Area, to be connected with DISTRICT s Sewer System or DISTRICT s Water System. B. Other Connections at CITY s or COUNTY s Request. Upon the written request of CITY, COUNTY, or the joint written request of CITY or COUNTY and (a) another Sanitary and Improvement District, (b) a sewer district, or (c) any other person or entity, for permission to connect to DISTRICT s Sewer System or DISTRICT s Water System, DISTRICT shall allow such connection to be made without charge. Section 8 Miscellaneous Provisions A. Incorporation of Recitals. The recitals set forth above are, by this reference, incorporated into and deemed part of this Agreement. B. Termination of Agreement. This Agreement shall not be terminated except by: a. Written agreement between the Parties, subject to Section 7(K) in the event a party to this Agreement or subsequent amendments dissolves, or ceases to exist by some other means, without any valid successors or assigns; or b. Annexation by CITY of the entire Development Area, with the exception that Section 5(A), Section 5(C), Section 5(G), and Section 5(H) shall survive any automatic termination of this Agreement caused by an Annexation by CITY. C. Agreement Binding. The provisions of this Agreement, and all exhibits and documents attached or referenced herein, shall run with the land and shall be binding upon, and shall inure to the benefit of, the Parties, their respective representatives, successors, assigns, heirs, and estates, including all successor owners of the real estate described in the attached Exhibit A. Every time the phrase successors and assigns, or similar language, is used throughout this Agreement, it is to be attributed the same meaning as this Agreement Binding provision. No special meaning shall be attributed to any instance herein in which the name of a Party is used without the phrase successors and assigns following immediately thereafter, unless expressly stated otherwise. 9
D. Non-Discrimination. DISTRICT, its agents, contractors, and consultants shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, political or religious opinions or affiliations, disability, or national origin. E. Governing Law. The Parties to this Agreement shall conform to all existing and applicable CITY, COUNTY, state, and federal laws, and all existing and applicable rules and regulations. Any dispute arising from this contractual relationship shall be governed solely and exclusively by Nebraska law. F. Forum Selection and Personal Jurisdiction. Any lawsuit arising from this contractual relationship shall be solely and exclusively filed in, conducted in, and decided by a court of competent jurisdiction located in Nebraska. As such, the Parties also agree to exclusive personal jurisdiction in such court located in Nebraska. G. Related Contract(s) Voidable. No elected official or any officer or employee of CITY or COUNTY shall have a financial interest, direct or indirect, in any CITY or COUNTY contract related to this Agreement. Any violation of this subsection with the knowledge of the person or corporation contracting with CITY or COUNTY shall render said contract(s) voidable by the Mayor or City Council. H. No Continuing Waivers. A waiver by any Party of any default, breach, or failure of another shall not be construed as a continuing waiver of the same or of any subsequent or different default, breach, or failure. I. Assignment. Unless otherwise provided herein, neither this Agreement nor any obligations hereunder shall be assigned without the express written consent of CITY or COUNTY, which may be withheld in CITY s sole discretion. J. Entire Agreement. This Agreement and all exhibits and documents attached or referenced herein, which are hereby incorporated and specifically made a part of this Agreement by this reference, express the entire understanding and all agreements of the Parties. Specifically, this Agreement supersedes any prior written or oral agreement or understanding between or among any of the Parties, whether individually or collectively, concerning the subject matter hereof. K. Modification by Agreement. This Agreement may be modified or amended only by a written agreement executed by the Parties. In the event a party to this Agreement or subsequent amendments dissolves or ceases to exist by some other means without any valid successors or assigns, said party shall be considered to be without signing authority; therefore, the signature of said party shall not be required in order to validly execute subsequent modifications or amendments to this Agreement. Any modifications to this Agreement must cause this Agreement and all performance obligations hereunder to conform to the requirements of any applicable laws, rules, regulations, standards, and specifications of any governmental agency with jurisdiction over any such matter, including any amendment or change thereto, without cost to CITY or COUNTY. 10
L. Notices, Consents, and Approval. All payments, notices, statements, demands, requests, consents, approval, authorizations or other submissions required to be made by the Parties shall be in writing, whether or not so stated, and shall be deemed sufficient and served upon the other only if sent by United States registered mail, return receipt requested, postage prepaid and addressed as follows: a. For DEVELOPER: Lake View 126, LLC 11205 S. 150th Street, Suite 100 Omaha, NE 68138 Attn: Gerald L. Torczon, Manager b. For DISTRICT: Sanitary and Improvement District No. 292 of Sarpy County, Nebraska c/o PANSING HOGAN ERNST & BACHMAN LLP 10250 Regency Circle, Suite 300 Omaha, NE 68114 Attn: John Q. Bachman c. For CITY: City Clerk City of Papillion 122 East Third Street Papillion, NE 68046 d. For COUNTY: County Clerk Sarpy County, Nebraska 1210 Golden Gate Dr. #1250 Papillion, NE 68046 M. Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define or limit the scope of any section. N. Counterparts. This Agreement may be signed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one executed instrument. O. Severability. In the event that any provision of this Agreement proves to be invalid, void, or illegal by a court of competent jurisdiction, such decision shall in no way affect, impair, or invalidate any other provisions of this Agreement, and such other provisions shall remain in full force and effect as if the invalid, void, or illegal provision was never part of this Agreement. P. Force Majeure Event. A Force Majeure Event means any circumstance not within the reasonable control of the Party affected, but only if and to the extent that (i) such circumstance, despite the exercise of reasonable diligence and the observance of Good Utility Practice, cannot be, or be caused to be, prevented, avoided or removed by such Party, (ii) such circumstance materially and adversely affects the ability of the Party to perform its obligations under this Agreement, and (iii) such Party has taken all reasonable precautions, due care, and reasonable alternative measures in order to avoid the effect of such event on the Party s ability to perform its obligations under this Agreement and to 11
mitigate the consequences thereof. A Party shall be excused from performance and shall not be in default in respect to any obligation hereunder to the extent that the failure to perform such obligation is due to a Force Majeure Event, provided the party claiming excuse because of Force Majeure has given the other party written notice of the Force Majeure event on which it is relying and a reasonable estimate of its likely impact on performance under this Agreement within five (5) business days following the Force Majeure event. (Signatures appear on following pages) 12
Executed by Sarpy County this day of, 2017. SARPY COUNTY, NEBRASKA, A Political Subdivision Chairperson, Board of Commissioners Attest: Approved as to form: Sarpy County Clerk Sarpy County Attorney 14
SEWER AND WATER CONNECTION AGREEMENT TABLE OF CONTENTS INTRODUCTION STATEMENT RECITALS SECTIONS: 1 Definitions 2 Permission to Connect 3 DISTRICT Easements, Licenses, and Covenants 4 Connection Restrictions, Regulations, and Indemnification 5 Sewer and Water Service Fees 6 Other Connections 7 Miscellaneous Provisions EXHIBITS: A B C Plat Legal Description with Metes and Bounds Final Plat Sanitary Sewer Outfall Designation 17
EXHIBIT A Phases 1 & 2
EXHIBIT A LEGAL DESCRIPTION Phase 3 LOTS 302 THROUGH 362, INCLUSIVE AND OUTLOTS E THROUGH H, INCLUSIVE, NORTH SHORE, BEING A PLATTING OF THAT PART OF TAX LOT 8 IN THE SOUTH HALF OF THE SOUTHEAST QUARTER, TOGETHER WITH THAT PART OF TAX LOT 1 IN THE SOUTH HALF OF THE SOUTHWEST QUARTER ALL IN SECTION 19, TOWNSHIP 14 NORTH, RANGE 12 EAST OF THE 6TH P.M., SARPY COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8 REBAR AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 19; THENCE SOUTH 87 02'24" WEST (BEARINGS REFERENCED TO NEBRASKA STATE PLANE NAD83) FOR 149.20 FEET ON THE SOUTH LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 19 TO A 5/8" REBAR WITH 1 1/4" YELLOW PLASTIC CAP STAMPED LS 692; THENCE NORTH 00 00'00" EAST FOR 527.82 FEET TO A 5/8" REBAR WITH 1 1/4" YELLOW PLASTIC CAP STAMPED LS 692; THENCE SOUTH 90 00'00" EAST FOR 827.76 FEET TO A 5/8" REBAR WITH 1 1/4" YELLOW PLASTIC CAP STAMPED LS 692; THENCE NORTH 00 06'10" EAST FOR 838.48 FEET TO A 5/8" REBAR WITH 1 1/4" YELLOW PLASTIC CAP STAMPED LS 692 ON THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 87 00'54" EAST FOR 565.20 FEET ON SAID NORTH LINE TO A 5/8" REBAR WITH 1 1/4" YELLOW PLASTIC CAP STAMPED LS 692 AT THE NORTHWEST CORNER OF THE EAST 41 ACRES OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE SOUTH 02 41'01" EAST FOR 1321.96 FEET ON SAID EAST LINE TO A 1/2" REBAR ON THE SOUTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 19, SAID CORNER BEING THE SOUTHWEST CORNER OF THE EAST 41 ACRES OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE SOUTH 87 02'32" WEST FOR 1308.33 FEET TO THE POINT OF BEGINNING. CONTAINS 27.746 ACRES INCLUDING 1.101 ACRES IN AN EXISTING COUNTY ROADWAY EASEMENT.
L:\Engineering\0112044\SURVEY\DRAWINGS\RECORD\12044F101-FINAL.dwg, 2/11/2013 1:03:39 PM, EliseM, 1:1, Lamp, Rynearson & Associates R Exhibit B
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LAMP RYNEARSON & ASSOCIATES 14710 West Dodge Road, Suite 100402.496.2498 P Omaha, Nebraska 68154-2027 402.496.2730 F www.lra-inc.com R Know what's below. Callbefore you dig.
LAMP RYNEARSON & ASSOCIATES 14710 West Dodge Road, Suite 100 402.496.2498 P Omaha, Nebraska 68154-2027 402.496.2730 F www.lra-inc.com
& ASSOCIATES LAMP RYNEARSON 14710 West Dodge Road, Suite 100 402.496.2498 P Omaha, Nebraska 68154-2027 402.496.2730 F www.lra-inc.com