BOARD OF COUNTY COMMISSIONERS SARPY COUNTY, NEBRASKA

Transcription

1 BOARD OF COUNTY COMMIIONERS SARPY COUNTY, NEBRASKA RESOLUTION APPROVING AGREEMENT AND AUTHORIZING CHAIRMAN TO SIGN THE SEWER AND WATER CONNECTION AGREEMENT WITH B.H.I. DEVELOPMENT, INC., WOODLAND HOMES, INC., SANITARY AND IMPROVEMENT DIRICT 316 (SID 316) AND CITY OF PAPILLION (North Shore Commercial development connection to Baseball Outfall) WHEREAS, pursuant to Neb. Rev. Stat , 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 , 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 , et seq, (the Sarpy Sewer ); and, WHEREAS, the residential and commercial development, North Shore Commercial, desires to provide for the flow, transportation and handling of sewage collected in or flowing into the North Shore Commercial 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 , , and ); and, WHEREAS, an agreement has been proposed with B.H.I. Development, Inc., Woodland Homes, Inc., SID 316, City of Papillion, and Sarpy County outlining the requirements, responsibilities, and payment of sewer connection fees and sewer use fees for the North Shore Commercial 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 Commercial development include residential connections. 2. On July 5, 2017, the City of Papillion, by Resolution No. R , recommended approval for the North Shore Commercial development to connect to the Sarpy Sewer. A copy of Resolution No. R is on file with the Sarpy County Clerk. 3. Sarpy County has followed the requirements of Neb. Rev. Stat. Sect for residential sewer connection requests.

2 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 B.H.I. Development, Inc., Woodland Homes, Inc., SID 316, 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 Attest SEAL Sarpy County Board Chairman County Clerk

3 NORTH SHORE COMMERCIAL SEWER AND WATER CONNECTION AGREEMENT THIS SEWER AND WATER CONNECTION AGREEMENT (hereinafter referred to as the Agreement ) is fully executed this day of, 2017 by and between B.H.I. DEVELOPMENT, INC., a Nebraska corporation, WOODLAND HOMES, INC., a Nebraska corporation (hereinafter collectively referred to as DEVELOPER ), SANITARY AND IMPROVEMENT DIRICT NO. 316 OF SARPY COUNTY, NEBRASKA (hereinafter referred to as DIRICT ), 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, DIRICT 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 is the owner of the parcels of land described in Exhibit A, attached hereto. All such parcels of land owned by DEVELOPER 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 Commercial, as depicted in the Final Plat Exhibit attached as Exhibit B (the Development Area ), which area is subject to the terms of an Interlocal Cooperation Agreement entered into by COUNTY pursuant to Resolution No and CITY pursuant to Resolution No. R (the Interlocal Agreement ), in accordance with the Interlocal Cooperation Act, Neb. Rev. Stat to , 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 WHEREAS, pursuant to COUNTY Resolution No and CITY Resolution No. R , 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; and WHEREAS, pursuant to COUNTY Resolution No and CITY Resolution No. R , COUNTY and CITY agreed to a Second Amendment to the Interlocal Agreement (the Second Amendment ), which, among other changes, created a new North Shore 1

4 Commercial Outfall Service Area, as depicted in the map incorporated into the Interlocal Agreement as Exhibit A-2. Pursuant to Section 13 of the Interlocal Agreement, as adopted by the Second Amendment, CITY and COUNTY revoked North Shore Commercial Outfall Service Area s right to connect to the Baseball Stadium Outfall Sewer. Instead, the North Shore Commercial Outfall Service Area may only connect to the Wood Hollow Outfall Sewer and only upon the satisfaction of specific terms set out in the Interlocal Agreement, including the requirement that developers for the relevant area enter into Sewer Connection Agreements with COUNTY; and WHEREAS, for sewer connection, this Agreement is only applicable to that portion of the Development Area located within the Baseball Stadium Outfall Service Area, as depicted in Exhibit C. The remaining portion of the Development Area that is located within the North Shore Commercial Outfall Service Area, also depicted in Exhibit C, is not subject to this Agreement but shall instead be subject to a separate Sewer Connection Agreement that DIRICT must enter into with COUNTY; and WHEREAS, for water connection, this Agreement is applicable to the entire Development Area; and WHEREAS, DIRICT: (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, DIRICT 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: Section 1 Definitions A. Definitions. For the purposes of this Agreement, the following words and phrases shall have the following meanings: (1) DIRICT s Sewer System shall mean all sanitary sewers, sanitary sewer systems, and appurtenances thereto, whether now in existence or hereafter constructed, that are: 2

5 a. Situated within the DIRICT s boundaries (whether or not owned by DIRICT) and served by the Baseball Stadium Outfall Sewer, as depicted in Exhibit C; or b. Owned by DIRICT, (whether or not located within DIRICT s boundaries) and served by the Baseball Stadium Outfall Sewer, as depicted in Exhibit C; or c. Serving as an outfall sewer or other connecting sewer from DIRICT s boundaries to the point of connection with the sewage system served by the Baseball Stadium Outfall Sewer. Private sewer service lines constructed on private property for the purpose of providing sewer service directly from DIRICT s Sewer System to any individual lots or building(s) shall be excluded from the meaning of the term DIRICT s Sewer System whenever such term is used in this Agreement. (2) DIRICT s Water System shall mean all water mains, water lines, water systems, and appurtenances thereto, whether now in existence or hereafter constructed, that are: a. Situated within the DIRICT s boundaries (whether or not owned by DIRICT); or b. Owned by DIRICT, whether or not located within DIRICT s boundaries). Private water lines constructed on private property for the purpose of providing water service directly from DIRICT s Water System to any individual lots or building(s) shall be excluded from the meaning of the term DIRICT s Water System whenever such term is used in this Agreement. Section 2 Permission to Connect A. Permission to Connect DIRICT s Sewer System. CITY and COUNTY hereby grant permission to DIRICT to connect DIRICT s Sewer System to the sanitary sewer system served by the Baseball Stadium Outfall Sewer contingent upon the following: (1) the proposed plans and specifications for DIRICT s Sewer System have been formally approved by CITY, as is required before DIRICT may begin construction of DIRICT s Sewer System, and (2) the as-built plans and specifications for DIRICT s Sewer System have been formally approved by CITY, as is required before CITY shall approve the complete construction of DIRICT 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. 3

6 B. Permission to Connect DIRICT s Water System. CITY hereby grants permission to DIRICT to connect DIRICT s water system to CITY s water system contingent upon the following: (1) the proposed plans and specifications for DIRICT s Water System have been formally approved by CITY, as is required before DIRICT may begin construction of DIRICT s Water System, and (2) the as-built plans and specifications for DIRICT s Water System have been formally approved by CITY, as is required before CITY shall approve the complete construction of DIRICT s Water System. CITY hereby further agrees to supply water to the development in accordance with the rules and regulations of CITY. Section 3 DIRICT Easements, Licenses, and Covenants A. DIRICT Easements and Licenses. (1) DIRICT hereby grants and conveys: a. An easement and license unto CITY and COUNTY, and their successors and assigns, to transmit through DIRICT 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 DIRICT 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 DIRICT s Sewer System for which CITY and COUNTY have been given an easement and license by DIRICT, 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 DIRICT s water system for which CITY has been given an easement and license by DIRICT, 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 4

7 e. 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 applicable, to DIRICT 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). f. An easement and license unto CITY, and its successors and assigns, to connect CITY s water system, or any part thereof, as applicable, to DIRICT 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. DIRICT shall be responsible for recording 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. b. DIRICT shall provide copies of all easements to CITY or COUNTY, as applicable, immediately after they are recorded. c. All easements 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. DIRICT Covenants. (1) DIRICT hereby covenants: a. To maintain and repair DIRICT s Sewer System as necessary to comply with all applicable federal, state, CITY, and COUNTY rules and regulations. b. To maintain and repair DIRICT 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 DIRICT 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, DIRICT shall, upon written notice thereof, promptly correct said defects to CITY and COUNTY s satisfaction. d. In the event that CITY discovers anything in the construction, maintenance, or operation of DIRICT S Water System which is not in conformance with the 5

8 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, DIRICT 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; provided, however, that in the event either CITY or COUNTY acquire title to DIRICT s Sewer System, DIRICT s Water System, or any portion thereof, by purchase, annexation, partial annexation, or any other means, DIRICT 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. Section 4 Connection Restrictions, Regulations, and Indemnification A. DIRICT s Sewer System Connection Restriction. DIRICT agrees that no connection shall be made to DIRICT s Sewer System until: (1) the proposed plans and specifications for DIRICT s Sewer System have been formally approved by CITY, as is required before DIRICT may begin construction of DIRICT s Sewer System, and (2) as-built plans and specifications for DIRICT s Sewer System have been formally approved by CITY, as is required before CITY shall approve the complete construction of DIRICT s Sewer System. B. DIRICT s Water System Connection Restriction. DIRICT agrees that no connection shall be made to DIRICT s Water System until: (1) the proposed plans and specifications for DIRICT s Water System have been formally approved by CITY, as is required before DIRICT may begin construction of DIRICT s Water System, and (2) as-built plans and specifications for DIRICT s Water System have been formally approved by CITY, as is required before CITY shall approve the complete construction of DIRICT 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 DIRICT 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 DIRICT s Water System which has been made without the required approvals of CITY pertaining to said water connection. E. Water System DHHS Compliance. All connections and disbursements of water into CITY s water system or DIRICT s Water System shall be in accordance with Title 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 6

9 System by DIRICT or a designee or agent of DIRICT shall be the full responsibility of DIRICT. F. Water System Indemnification. DIRICT 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 DIRICT. G. Sewer System DEQ Compliance. All connections and disbursements of sewage into CITY s or COUNTY s sanitary sewer system or DIRICT s Sewer System shall be in accordance with Title 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. Any unlawful connections or disbursement of sewage into CITY s sanitary sewer system by DIRICT or a designee or agent of DIRICT shall be the full responsibility of DIRICT. H. Sewer System Indemnification. DIRICT 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. Any and all resulting fees and/or penalties imposed by DEQ shall be the full responsibility of DIRICT. Section 5 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 Development Area, DIRICT 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, DIRICT agrees CITY may directly bill the users of such sewer and water systems. 7

10 Section 6 Other Connections A. No Outside Connections Without Approval. Without prior specific written approval by CITY or COUNTY, as applicable, DIRICT 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 DIRICT s Sewer System or DIRICT 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 DIRICT s Sewer System or DIRICT s Water System, DIRICT shall allow such connection to be made without charge. Section 7 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. b. Annexation by CITY of the entire Development Area. 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. D. Non-Discrimination. DIRICT, 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 8

11 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. 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. 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: B.H.I. Development, Inc S. 150th Street, Suite 100 9

12 Omaha, NE Attn: Gerald L. Torczon, President Woodland Homes, Inc S. 150 th Street, Suite 100 Omaha, NE Attn: Gerald L. Torczon, President b. For DIRICT: Sanitary and Improvement District No. 316 of Sarpy County, Nebraska c/o PANSING HOGAN ERN & BACHMAN LLP Regency Circle, Suite 300 Omaha, NE Attn: John Q. Bachman c. For CITY: City Clerk City of Papillion 122 East Third Street Papillion, NE d. For COUNTY: County Clerk Sarpy County, Nebraska 1210 Golden Gate Dr. #1250 Papillion, NE 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 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 10

13 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) 11

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15 Executed by Sarpy County this day of, SARPY COUNTY, NEBRASKA, A Political Subdivision Chairperson, Board of Commissioners Attest: Approved as to form: Sarpy County Clerk Sarpy County Attorney 13

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19 SEWER AND WATER CONNECTION AGREEMENT TABLE OF CONTENTS INTRODUCTION ATEMENT RECITALS SECTIONS: 1 Definitions 2 Permission to Connect 3 DIRICT 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

20 SAID TRACT OF LAND CONTAINS AN AREA OF 2,329,971 SQUARE FEET OR ACRES MORE OR LE. PART OF THE NW1/4 SEC. 30-T14N-R12E S84 46'30"E 25.39' R= ' L=104.11' CH=S89 13'27"E ' N87 08'20"E ' PART OF NE1/4 OF SW1/4 LINCOLN ROAD S32 27'29"E 27.14' NORTHEA CORNER OF THE SW1/4 SEC. 30-T14N-R12E 3 SCHEWE FARMS PART OF THE NW1/4 OF THE SW1/4 N10 57'23"E ' S02 30'53"E ' PART OF THE NE1/4 OF THE SW1/4 SEC. 30-T14N-R12E PART OF THE NE1/4 OF THE SW1/4 1 SCHEWE FARMS 1 inch = 200 ft. PART OF THE SW1/4 OF THE SW1/4 R= ' L=854.93' CH=N06 38'3E ' PART OF THE SE1/4 OF THE SW1/4 SEC. 30-T14N-R12E N02 19'33"E ' ABANDONED MIOURI PACIFIC RAILROAD SEC. 30-T14N-R12E NORTH SHORE COMMERCIAL PART OF THE SE1/4 OF THE SW1/4 126TH REET S02 30'53"E ' S13 14'4W 7.36' R=133.00' L=30.91' CH=S19 54'15"W 30.84' S26 33'41"W 49.14' R=106.00' L=154.04' CH=S15 04'07"E ' R=29.00' L=10.14' CH=S46 40'51"E 10.09' 2 SCHEWE FARMS SURVEYORS CERTIFICATION I HEREBY CERTIFY THAT I HAVE MADE A GROUND SURVEY OF THE SUBDIVISION DESCRIBED HEREIN AS A TRACT OF LAND BEING ALL OF LOTS 1 THRU 3, HENRYS' HIGHLANDS REPLAT 1, A SUBDIVISION LOCATED IN THE SW1/4 OF SECTION 30, TOGETHER WITH PART OF NE1/4 OF THE SW1/4 AND THE SE1/4 OF THE SW1/4 OF SECTION 30, ALL LOCATED IN TOWNSHIP 14 NORTH, RANGE 12 EA OF THE 6TH P.M., SARPY COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEA CORNER OF SAID SW1/4 OF SECTION 30; THENCE N02 30'53 W (AUMED BEARING) ALONG THE EA LINE OF SAID SW1/4 OF SECTION 30, A DIANCE OF FEET TO THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF HIGHWAY NO. 370 AND THE WEERLY RIGHT-OF-WAY LINE OF 126TH REET, SAID POINT ALSO BEING THE SOUTHEA CORNER OF SAID LOT 3, HENRYS' HIGHLANDS REPLAT 1, AND ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF HIGHWAY NO. 370, SAID LINE ALSO BEING THE SOUTHERLY LINE OF SAID LOTS 1 AND 3, HENRYS' HIGHLANDS REPLAT 1 ON THE FOLLOWING THREE (3) COURSES: (1) THENCE S83 45'05 W, A DIANCE OF FEET; (2) THENCE N88 13'46 W, A DIANCE OF FEET; (3) THENCE S82 11'15 W, A DIANCE OF FEET TO A POINT ON THE EAERLY LINE OF THE ABANDONED MIOURI PACIFIC RAILROAD 100 FOOT RIGHT-OF-WAY; THENCE ALONG SAID EAERLY LINE OF THE ABANDONED MIOURI PACIFIC RAILROAD 100 FOOT RIGHT-OF-WAY ON THE FOLLOWING THREE (3) COURSES: (1) THENCE N02 19'33 E, A DIANCE OF FEET; (2) THENCE NORTHEAERLY ON A CURVE TO THE RIGHT WITH A RADIUS OF FEET, A DIANCE OF FEET, SAID CURVE HAVING A LONG CHORD WHICH BEARS N06 38'38 E, A DIANCE OF FEET; (3) THENCE N10 57'23 E, A DIANCE OF FEET; THENCE S84 46'30 E, A DIANCE OF FEET; THENCE EAERLY ON A CURVE TO THE LEFT WITH A RADIUS OF FEET, A DIANCE OF FEET, SAID CURVE HAVING A LONG CHORD WHICH BEARS S89 13'27 E, A DIANCE OF FEET; THENCE N87 08'20 E, A DIANCE OF FEET TO THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF LINCOLN ROAD AND THE SAID WEERLY RIGHT-OF-WAY LINE OF 126TH REET; THENCE S32 27'29 E ALONG SAID WEERLY RIGHT-OF-WAY LINE OF 126TH REET, A DIANCE OF FEET TO A POINT ON SAID EA LINE OF THE SW1/4 OF SECTION 30; THENCE S02 30'53 E ALONG SAID EA LINE OF THE SW1/4 OF SECTION 30, SAID LINE ALSO BEING SAID WEERLY RIGHT-OF-WAY LINE OF 126TH REET, A DIANCE OF FEET; THENCE SOUTHERLY ALONG SAID WEERLY RIGHT-OF-WAY LINE OF 126TH REET ON THE FOLLOWING FIVE (5) COURSES: (1) THENCE S13 14'48 W, A DIANCE OF 7.36 FEET; (2) THENCE SOUTHWEERLY ON A CURVE TO THE RIGHT WITH A RADIUS OF FEET, A DIANCE OF FEET, SAID CURVE HAVING A LONG CHORD WHICH BEARS S19 54'15 W, A DIANCE OF FEET; (3) THENCE S26 33'41 W, A DIANCE OF FEET; (4) THENCE SOUTHEAERLY ON A CURVE TO THE LEFT WITH A RADIUS OF FEET, A DIANCE OF FEET, SAID CURVE HAVING A LONG CHORD WHICH BEARS S15 04'07 E, A DIANCE OF FEET; (5) THENCE SOUTHEAERLY ON A CURVE TO THE RIGHT WITH A RADIUS OF FEET, A DIANCE OF FEET, SAID CURVE HAVING A LONG CHORD WHICH BEARS S46 40'51 E, A DIANCE OF FEET TO A POINT ON SAID EA LINE OF THE SW1/4 OF SECTION 30; THENCE S02 30'53 E ALONG SAID EA LINE OF THE SW1/4 OF SECTION 30, SAID LINE ALSO BEING SAID WEERLY RIGHT-OF-WAY LINE OF 126TH REET, SAID LINE ALSO BEING THE EAERLY LINE OF SAID LOT 3, HENRYS' HIGHLANDS REPLAT 1 AND THE NORTHERLY EXTENSION THEREOF, A DIANCE OF FEET TO THE POINT OF BEGINNING. S82 11'15"W ' N88 13'46"W ' S83 45'05"W ' POINT OF BEGINNING N02 30'53"W ' HIGHWAY 370 SOUTHEA CORNER OF THE SW1/4 SEC. 30-T14N-R12E (COMMENCING POINT) Proj No: P Date: Designed By: Drawn By: CJV Scale: 1"=200' No Date Revisions Description Date Description EXHIBIT "A" PLAT LEGAL DESCRIPTION WITH METES AND BOUNDS LEGAL DESCRIPTION NORTH SHORE COMMERCIAL SW1/4 OF SECTION 30-T14N-R12E SARPY COUNTY, NEBRASKA E & A CONSULTING GROUP, INC. Engineering Planning Environmental & Field Services Mill Valley Road, Suite 100 Omaha, NE Phone: Fax: Sheet: Cody Vander Molen 1 of 1 1/6/2017 9:55 AM K:\Projects\2014\202\p01\Srvy\Exhibit\EXHIBIT - PLAT LEGAL-000.dwg

21 54.30' 94 18'35" ' 50.00' 50.00' 20' (28.22') 20.78' 77.82' 75.18' 18.98' 12.37' 33.77' 138 4'44" 9.22' ' 26.61' SOUTHEA CORNER OF THE SW1/4 SEC.30-T14N-R12E (COMMENCING POINT) SECTION CORNER TIES: 23.79' TO TOP NE BOLT ON TRAFFIC LIGHT 48.84' NORTH RIM TRAFFIC SIGNAL MANHOLE ' TOP NW BOLT ON TRAFFIC LIGHT 31.30' CENTERLINE OF HWY 370 EA BOUND LANE 11. CRO ACCE EASEMENT BETWEEN LOT 71 AND LOT 72 WILL BE RECORDED BY A SEPARATE DOCUMENT. 10. LOTS SHALL MAINTAIN A 16' REAR YARD SETBACK. 9. HOUSES ON LOTS 34 THRU 38 WILL BE FRONTED ON TO "S 127TH TERRACE". REAR YARD SETBACKS WILL BE MEASURED FROM PROPERTY LINE ON "S 127TH PLAZA". NO ACCE TO HIGHWAY 370 EXCEPT EXCEPT ONE FARMING ACCE POINT IN. NOS , , & ALL EASEMENTS THAT ARE NOT LABELED WITH RECORDING INFORMATION WILL BE RECORDED BY A SEPARATE DOCUMENT ' ' S82 11'15"W ' N02 30'53"W ' 7. OUTLOTS "A", "B", "C", "E" AND "F" SHALL BE OWNED AND MAINTAINED PRIVATELY BY THE DEVELOPER OR HOMEOWNERS AOCIATION AND WILL BE RECORDED BY A SEPARATE DOCUMENT. OUTLOT "A" TO BE USED AS A PERMANENT DETENTION BASIN, OUTLOT "B" TO BE USED AS A PRIVATE ROADWAY AND AS A UTILITY EASEMENT, OUTLOT "C" TO BE USED AS OPEN SPACE, OUTLOT "E" TO BE USED AS OPEN SPACE & FOR SIGNAGE, OUTLOT "F" TO BE USED AS OPEN SPACE & FOR SIGNAGE ' N88 13'46"W ' S83 45'05"W ' ' POINT OF BEGINNING ' '59" 20' FRONT YARD 12' LANDSCAPE EASEMENT 120' AC 6. OUTLOTS "D" AND "G" SHALL BE OWNED AND MAINTAINED BY THE AOCIATION. THE SUBDIVIDER SHALL TRANSFER OWNERSHIP OF THESE OUTLOTS CONTEMPORANEOUSLY WITH THE FILING OF THE FINAL PLAT. OUTLOTS THAT ARE DESIGNATED AS DRAINAGEWAY EASEMENTS, AS A CREEK OR NATURAL DRAINAGE CHANNEL, SHALL BE MAINTAINED INCLUDING MOWING, TREE REMOVAL AND OTHER VEGETATION CONTROL, BY THE AOCIATION. PUBLIC MAINTENANCE OF THESE OUTLOTS WILL BE LIMITED TO CLEANING OBACLES FROM WITHIN THE DRAINAGEWAY AND MAINTAINING ANY MANDATED LOW IMPACT DEVELOPMENT WATER QUALITY BE MANAGEMENT PRACTICES SUCH AS DETENTION BASINS, BIO-SWALES, AND RAIN GARDENS WHICH MAY BE PAID FOR BY THE DIRICT FROM IT'S OPERATING FUND. AS A NATURAL OR MANMADE DRAINAGEWAY, ANY CHANNEL MAY MEANDER OUT OF THE BOUNDARIES OF THE OUTLOT. THE PUBLIC HAS NO RESPONSIBILITY TO PREVENT SUCH MEANDERING. COUNTY SURVEYOR / ENGINEER THIS DAY OF, 20. THIS PLAT OF NORTH SHORE COMMERCIAL WAS REVIEWED BY THE SARPY COUNTY SURVEYOR'S OFFICE REVIEW BY SARPY COUNTY PUBLIC WORKS N02 19'33"E ' ' OUTLOT "G" ' 5. THE CHAMFER FOR SIDEWALKS ON LOT 14 ARE SET AT FIVE FEET (5') RADII FROM THE INTERSECTION OF RIGHT-OF-WAY LINES. NO ANGLES SHOWN WHEN RIGHT-OF-WAY LINES HAVE 90 ANGLE. 0' SIDE YARD 4. ALL DIMENSIONS SHOWN IN PARENTHESES ARE FOR THE LOCATION OF CENTERLINE. 3. ALL LOT LINES ARE RADIAL TO CURVED REETS UNLE SHOWN AS NONRADIAL (N.R.). NOTARY PUBLIC '37" 2. DIRECT VEHICULAR ACCE WILL NOT BE ALLOWED TO 126TH REET OR LINCOLN ROAD FROM LOT 7, LOT 8, LOT 69, LOT 70, OUTLOT "A" AND OUTLOT "E" ABUTTING SAID REET OR ROAD '06" 55.49' '35" 72.83' 48.23' S02 30'53"E ' WITNE MY HAND AND NOTARIAL SEAL THE DAY AND YEAR LA ABOVE WRITTEN ' 1. ALL ANGLES ARE 90 UNLE OTHERWISE NOTED. NOTES: 40.72' 18 6, , ,748 ON THIS DAY OF,, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY, PERSONALLY CAME GERALD L. TORCZON, MEMBER OF B.H.I. DEVELOPMENT, INC., WHO IS PERSONALLY KNOWN TO BE THE IDENTICAL PERSON WHOSE NAME IS AFFIXED TO THE DEDICATION ON THIS PLAT AND ACKNOWLEDGED THE SAME TO BE HIS VOLUNTARY ACT AND DEED AS SUCH OFFICER OF SAID CORPORATION. 40' SANITARY SEWER EASEMENT 17 7, , , , , , ,046 ATE OF NEBRASKA ) COUNTY OF SARPY ) 15 8, , , ,574 ACKNOWLEDGEMENT OF NOTARY 14 6, , , , AC 12' LANDSCAPE EASEMENT 13 6, , , , , , , ,902 NOTARY PUBLIC 20' REET SIDE YARD 11 6, , , , , , , ,351 WITNE MY HAND AND NOTARIAL SEAL THE DAY AND YEAR LA ABOVE WRITTEN ' 9 7, , , ,418 ORM SEWER AND DRAINAGE EASEMENT R=29.00' L= 10.14' L.C.=S46 40'51"E 10.09' 8 10, , , , ' ' 7 16, , , ,520 ON THIS DAY OF,, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY, PERSONALLY CAME GERALD L. TORCZON, PRESIDENT OF WOODLAND HOMES, INC., WHO IS PERSONALLY KNOWN TO BE THE IDENTICAL PERSON WHOSE NAME IS AFFIXED TO THE DEDICATION ON THIS PLAT AND ACKNOWLEDGED THE SAME TO BE HIS VOLUNTARY ACT AND DEED AS SUCH OFFICER OF SAID CORPORATION. 40' 20' SIDE YARD R=106.00' L= ' L.C.=S15 04'07"E ' 6 11, , , ,044 ATE OF NEBRASKA ) COUNTY OF SARPY ) 5 6, , , ,446 R= ' L=854.93' L.C.=N06 38'3E ' S26 33'41"W 49.14' ACKNOWLEDGEMENT OF NOTARY 20' 49.14' 4 6, , , ,244 R=133.00' L= 30.91' L.C.=S19 54'15"W 30.84' ' 6, , , , ' S13 14'4W 7.36' 2 5, , , ,737 ORM SEWER AND DRAINAGE EASEMENT ORM SEWER AND DRAINAGE EASEMENT IN TO BE VACATED 100' 1 12, , , ,824 GERALD L. TORCZON DATE GERALD L. TORCZON DATE PRESIDENT MEMBER LOT NO. SQ. FOOTAGE LOT NO. SQ. FOOTAGE LOT NO. SQ. FOOTAGE LOT NO. SQ. FOOTAGE ' LOT AREAS LOT AREAS LOT AREAS LOT AREAS WOODLAND HOMES, INC. B.H.I. DEVELOPMENT, INC '53" 43.07' 0' SIDE YARD MUD ' 93.26' 50.82' 56 32'34" 20' REAR YARD ' ' ' 22.33' 11.56' 36 32'51" 40' 8.82' ' N.R. PUD R-3 ZONING SETBACK REQUIREMENTS (SEE NOTE 9 & 10) ' 30.48' 15.34' 15 31'31" '53" Curve RADIUS LENGTH TANGENT DELTA 24' FRONT YARD ' ' LOT LINE RIGHT OF WAY CURVE TABLE ' AC 20' FRONT YARD ' ' ' 60.44' 47 07'13" ' 47.46' ' 54.82' 27.48' 10 28' AC OUTLOT "D" 65 33'31" 62.75' 54.00' 60.86' 97.74' 12.99' '40" 99 54'00" PERMANENT 10' WATER EASEMENT 12' LANDSCAPE EASEMENT 15' REET SIDE YARD ' 82.57' 43.81' 47 18'42" ' MUD 5' SIDE YARD 20' SANITARY SEWER EASEMENT PUD '00" ' 10' SIDE YARD REET ' 15.17' 7.60' 8 41'32" ' 5' SIDE YARD ' 46.20' 23.28' 17 38' ' 58.04' SHERMAN PLAZA ' 89 59'59" ' ' 93.64' 18 08'36" 53.47' ' 32 (115.74') (49.63') (165.37') 10.52' 38.19' 54.00' 42.35' ' 5 OUTLOT "E" AC ' R=12.50' R=12.50' ' ' 12' LANDSCAPE EASEMENT ' 51.10' 59.41' 59.42' ' 5' SIDE YARD 50.00' 38.46' 'N.R ' ' 43.77' ' ' 24.67' '43" ' 70.55' ' 56.60' 37.40' ' 70.05' 59.00' 26.95' 22.33' 13.95' 96 46'10" ' S 127TH PLAZA (134.54') 96 46'10" 24' TRAIL CONNECTION EASEMENT TO THE NRD PROPERTY 83 13'50" '21" 93 43'59" 'N.R '43" 78 52'04" KNOW ALL MEN BY THESE PRESENTS THAT WE, WOODLAND HOMES, INC. AND B.H.I. DEVELOPMENT, INC., BEING THE RESPECTIVE OWNERS OF THE PROPERTY DESCRIBED IN THE SURVEYOR'S CERTIFICATE AND EMBRACED WITHIN THE PLAT, HAVE CAUSED SAID PROPERTY TO BE SUBDIVIDED INTO LOTS AND REETS TO BE NUMBERED AND NAMED AS SHOWN, SAID SUBDIVISION TO BE HEREAFTER KNOWN AS NORTH SHORE COMMERCIAL (LOTS TO BE NUMBERED AS SHOWN), AND WE DO HEREBY RATIFY AND APPROVE OF THE DISPOSITION OF OUR PROPERTY AS SHOWN ON THE PLAT, AND WE DO HEREBY GRANT EASEMENTS AS SHOWN ON THIS PLAT, WE DO FURTHER GRANT A PERPETUAL EASEMENT TO THE OMAHA PUBLIC POWER DIRICT, CENTURYLINK COMMUNICATIONS AND ANY COMPANY WHICH HAS BEEN GRANTED A FRANCHISE TO PROVIDE A CABLE TELEVISION SYEM IN THE AREA TO BE SUBDIVIDED, THEIR SUCCEORS AND AIGNS, TO ERECT, OPERATE, MAINTAIN, REPAIR AND RENEW POLES, WIRES, CABLES, CONDUITS AND OTHER RELATED FACILITIES, AND TO EXTEND THEREON WIRES OR CABLES FOR THE CARRYING AND TRANSMIION OF ELECTRIC CURRENT FOR LIGHT, HEAT AND POWER AND FOR THE TRANSMIION OF SIGNALS AND SOUNDS OF ALL KINDS INCLUDING SIGNALS PROVIDED BY A CABLE TELEVISION SYEM, AND THE RECEPTION ON, OVER, THROUGH, UNDER AND ACRO A FIVE-FOOT (5') WIDE RIP OF LAND ABUTTING ALL FRONT AND SIDE BOUNDARY LOT LINES; AN EIGHT-FOOT (8') WIDE RIP OF LAND ABUTTING THE REAR BOUNDARY LINES OF ALL INTERIOR LOTS; AND A SIXTEEN-FOOT (16') WIDE RIP OF LAND ABUTTING THE REAR BOUNDARY LINES OF ALL EXTERIOR LOTS. THE TERM EXTERIOR LOTS IS HEREIN DEFINED AS THOSE LOTS FORMING THE OUTER PERIMETER OF THE ABOVE-DESCRIBED ADDITION. SAID SIXTEEN-FOOT (16') WIDE EASEMENT WILL BE REDUCED TO AN EIGHT-FOOT (8') WIDE RIP WHEN THE ADJACENT LAND IS SURVEYED, PLATTED AND RECORDED AND WE DO FURTHER GRANT PERPETUAL EASEMENTS TO METROPOLITAN UTILITIES DIRICT OF OMAHA, AND ANY NATURAL GAS PROVIDER, AND THEIR SUCCEORS AND AIGNS, TO ERECT, INALL, OPERATE, MAINTAIN, REPAIR AND RENEW PIPELINES, HYDRANTS, AND OTHER RELATED FACILITIES, AND TO EXTEND THEREON PIPES FOR THE TRANSMIION OF GAS AND WATER ON, THROUGH, UNDER AND ACRO A FIVE-FOOT-WIDE RIP OF LAND ABUTTING ALL CUL-DE-SAC REETS AND ALONG ALL REET FRONTAGES OF ALL CORNER LOTS. NO PERMANENT BUILDINGS OR RETAINING WALLS SHALL BE PLACED IN THE SAID EASEMENT WAYS, BUT THE SAME MAY BE USED FOR GARDENS, SHRUBS, LANDSCAPING AND OTHER PURPOSES THAT DO NOT THEN OR LATER INTERFERE WITH THE AFORESAID USES OR RIGHTS HEREIN GRANTED ' 96.30' 50.68' 44 08'23" ' 99.95' 52.82' 45 48'56" ' ' 53.85' 46 36'47" 13 15' REAR YARD (160.01') ' ' 57.53' 49 25'27" 70.60' 79.21' 85.44' 54.78' 54.78' 54.78' 54.78' 54.78' 54.78' 54.78' 54.78' 54.78' 63.91' 54.64' ' ' 53 27'09" 15.98' 85 41'52" ' S 127TH TERRACE (101.65') 50.00' ' ' ' 81 56'26" 37.67' '27" ' 27.65' '09" ' ' 32.55' 25.48' 3.67' (21.08') 59.21' 33.28' 7.65' ' 55.54' '25" ' 7.44' 45.58' 49.14'54.31' '56" PLAZA ' 53.71' ' 17.53' R=12.50' ' 97 10'19" 81 44'43" 52.50' ' 49.47' 54.31' 66.68' 34.55' 55.07' 49.61' ' '36" (93.34') ' ' N.R. (39.43') 92.72' 38.61' ' ' 7.39' 50.00' R=35.00' '29" 90 21'56" 40.86' O.L. "B" AC ' ' S02 30'53"E ' ' ' 74.21' 61 23'41" PERMANENT 15' DRAINAGE EASEMENT 83 36'27" SHERMAN DEDICATION (75.22') ' 54.68' 27.79' 25 03'55" 95 55'45" CURVE RADIUS LENGTH TANGENT DELTA 30.48' 62.53' 20.43' ' 52.79' 71.43' 60.62' ' ' ' (131.33') 59.00' 57.89' 1.11' ' ' ' 2.54' 54.50' 90 11'25" ' ' 50.88' 50.95' 95 45'29" 97 26'00" 70 OUTLOT "F" AC PERMANENT 10' WATER EASEMENT ' 24.62' ' '44" ' 40.23' 14.44' ' LANDSCAPE EASEMENT ' 54.47' 54.38' 34.00' 18.07' 17.42' ' ' 56.33' 54.23' ' ' 54.50' 54.50' 54.50' 54.50' 54.50' 54.50' 38.41' 54.83' 32.01' ' ' 46.10' 59.00' 95 45'29" ' 11.93' 38.45' 33.77' 51.77' ' 59.00' 54.38' ' 15.44' ' '44" 95 45'29" 87 15'07" 32.71' ' ' ' ' 5.79' 95 45'29" (151.13') (337.29') '52" 23.75' 8 R=12.50' '00" 91 09'20" 14.92' N10 57'23"E ' S 127TH PLAZA S 127TH PLAZA PERMANENT 10' WATER EASEMENT CENTER-LINE CURVE TABLE 50.00' 50.00' 11 5/ REBAR SET WITH CAP #LS ' ' VICINITY MAP EXI. PROPERTY LINES R=12.50' '0 (13.22') 90 05' '50" EXI. SECTION LINES 36.99' 59.89' 88.24' '50" '53" ' 39.16' SCHRAM ROAD S 126TH COURT 50.26' 45.44' 61.91' 86 26'34" 50.00' (144.60') 82 32'49" ' EXI. SECTION CORNER 28.95' 91 02'06" 92 44'53" ' 94 56'11" 95.15' 22.90' ' 54.13' ' EASEMENTS 75 03'43" 86.64' 73 45'56" 32.68' ' 82.91' ' 85 15'09" 95 45'29" 'N.R ' ' 10.58' '51" ' '26" ' 10.58' 11.38' ' 80 27'14" ' 10.33' ' R=50.00' '45" 98 37'4 R=50.00' ' (76.72') ' 30.36' 90 30'09" 95 45'29" 36.14' 'N.R 'N.R ' ' 74.84' 55.75' 88.15' 30.79' 89 05'59" ' 35' SAN. SEWER & ORM EASEMENT LOT LINE RIGHT OF WAY LINE BOUNDARY LINE 132ND REET 114TH REET 108TH REET 80 36'37" 4.77' 5 R=50.00' 34.35' 95 45'29" 21 (488.41') 5' LEGEND R=50.00' 'N.R ' 31.37' 81 22'12" 28.14' 80 36'37" 4 R=50.00' 81 14'54" 26.57' GRANT COURT ' ' 'N.R. (117.72') 25.01' 32.50' 40.51' '47" ' 83.27' ' 57.83' 83 04'34" ' R=50.00' PERMANENT 20' WATER EASEMENT 1 inch = 100 ft '29" ' 54.74' 37.38' ' 35.25' 29.42' 17.36' '21" 56 53'15" 9.94' 51.58' 6.72' ' 'N.R ' '56" 93 00'39" EASEMENT 86 59'21" 1 HWY 50 / 144TH REET PAPILLION CITY LIMITS HIGHWAY 370 BALLPARK WAY 2 PERMANENT 10' WATER 20.40' 120TH REET PAPILLION CITY LIMITS ' 14.57' '29" 54.67' '53" ' ' 'N.R '34" 'N.R ' 56.95' 78 29'45" '43" ' 65.16' ' ' '19" 23.35' 40.42' (76.60') ' '35" PROJECT SITE Werner Park 11.99' OUTLOT "C" AC '49" 37.84' '59" 36.18' '42" ' '14" 95 45'29" '03" 35.86' 74.94' 82.55' 61.85' 54.08' 'N.R ' 52.68' ' ' 'N.R '3 (157.49') '43" '51" 126TH REET LINCOLN ROAD GRANT PLAZA GRANT COURT 50.00' 50.00' 98 49'37" '17" N.R ' (63.10') (94.39') ' 44.68' PERMANENT 10' WATER EASEMENT 96.00' 51.58' ' 91.00' 12.10' 44.42' 84 00'21" ' PERMANENT 15' DRAINAGE EASEMENT 33.15' 20' SANITARY SEWER EASEMENT 8.27' 'N.R 'N.R AC ' 12 OUTLOT "A" O.L. "B" AC (130.50') S 126TH PLAZA 7.07' 49.39' 30' PERMANENT ORM SEWER EASEMENT IN ' ' ' '15" 18.81' 61.01' 40.00' 91.00' 51.00' 93 09' ' 85.30' 77.63' '33" 90 04'50" 93.26' 27.14' BEING A REPLATTING OF ALL OF LOTS 1 THRU 3, HENRYS' HIGHLANDS REPLAT 1, A SUBDIVISION LOCATED IN THE SW1/4 OF SECTION 30, TOGETHER WITH PART OF NE1/4 OF THE SW1/4 AND THE SE1/4 OF THE SW1/4 OF SECTION 30, ALL LOCATED IN TOWNSHIP 14 NORTH, RANGE 12 EA OF THE 6TH P.M., SARPY COUNTY, NEBRASKA ' 79.53' ' 100' 85.92' 60.87' N87 08'20"E ' 16 12' LANDSCAPE EASEMENT LOTS 1-72 INCLUSIVE & OUTLOTS "A" - "G" INCLUSIVE S32 27'29"E 27.14' R= ' L=104.11' L.C.= S89 13'27"E ' 12' LANDSCAPE EASEMENT S84 46'30"E 25.39' ADDITIONAL RIGHT-OF-WAY DEDICATION NORTHEA CORNER OF THE SW1/4 SEC. 30-T14N-R12E (COMPUTED) SURVEYORS CERTIFICATION I HEREBY CERTIFY THAT I HAVE MADE A GROUND SURVEY OF THE SUBDIVISION DESCRIBED HEREIN AS A TRACT OF LAND BEING ALL OF LOTS 1 THRU 3, HENRYS' HIGHLANDS REPLAT 1, A SUBDIVISION LOCATED IN THE SW1/4 OF SECTION 30, TOGETHER WITH PART OF NE1/4 OF THE SW1/4 AND THE SE1/4 OF THE SW1/4 OF SECTION 30, ALL LOCATED IN TOWNSHIP 14 NORTH, RANGE 12 EA OF THE 6TH P.M., SARPY COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEA CORNER OF SAID SW1/4 OF SECTION 30; THENCE N02 30'53 W (AUMED BEARING) ALONG THE EA LINE OF SAID SW1/4 OF SECTION 30, A DIANCE OF FEET TO THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF HIGHWAY NO. 370 AND THE WEERLY RIGHT-OF-WAY LINE OF 126TH REET, SAID POINT ALSO BEING THE SOUTHEA CORNER OF SAID LOT 3, HENRYS' HIGHLANDS REPLAT 1, AND ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF HIGHWAY NO. 370, SAID LINE ALSO BEING THE SOUTHERLY LINE OF SAID LOTS 1 AND 3, HENRYS' HIGHLANDS REPLAT 1 ON THE FOLLOWING THREE (3) COURSES: (1) THENCE S83 45'05 W, A DIANCE OF FEET; (2) THENCE N88 13'46 W, A DIANCE OF FEET; (3) THENCE S82 11'15 W, A DIANCE OF FEET TO A POINT ON THE EAERLY LINE OF THE ABANDONED MIOURI PACIFIC RAILROAD 100 FOOT RIGHT-OF-WAY; THENCE ALONG SAID EAERLY LINE OF THE ABANDONED MIOURI PACIFIC RAILROAD 100 FOOT RIGHT-OF-WAY ON THE FOLLOWING THREE (3) COURSES: (1) THENCE N02 19'33 E, A DIANCE OF FEET; (2) THENCE NORTHEAERLY ON A CURVE TO THE RIGHT WITH A RADIUS OF FEET, A DIANCE OF FEET, SAID CURVE HAVING A LONG CHORD WHICH BEARS N06 38'38 E, A DIANCE OF FEET; (3) THENCE N10 57'23 E, A DIANCE OF FEET; THENCE S84 46'30 E, A DIANCE OF FEET; THENCE EAERLY ON A CURVE TO THE LEFT WITH A RADIUS OF FEET, A DIANCE OF FEET, SAID CURVE HAVING A LONG CHORD WHICH BEARS S89 13'27 E, A DIANCE OF FEET; THENCE N87 08'20 E, A DIANCE OF FEET TO THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF LINCOLN ROAD AND THE SAID WEERLY RIGHT-OF-WAY LINE OF 126TH REET; THENCE S32 27'29 E ALONG SAID WEERLY RIGHT-OF-WAY LINE OF 126TH REET, A DIANCE OF FEET TO A POINT ON SAID EA LINE OF THE SW1/4 OF SECTION 30; THENCE S02 30'53 E ALONG SAID EA LINE OF THE SW1/4 OF SECTION 30, SAID LINE ALSO BEING SAID WEERLY RIGHT-OF-WAY LINE OF 126TH REET, A DIANCE OF FEET; THENCE SOUTHERLY ALONG SAID WEERLY RIGHT-OF-WAY LINE OF 126TH REET ON THE FOLLOWING FIVE (5) COURSES: (1) THENCE S13 14'48 W, A DIANCE OF 7.36 FEET; (2) THENCE SOUTHWEERLY ON A CURVE TO THE RIGHT WITH A RADIUS OF FEET, A DIANCE OF FEET, SAID CURVE HAVING A LONG CHORD WHICH BEARS S19 54'15 W, A DIANCE OF FEET; (3) THENCE S26 33'41 W, A DIANCE OF FEET; (4) THENCE SOUTHEAERLY ON A CURVE TO THE LEFT WITH A RADIUS OF FEET, A DIANCE OF FEET, SAID CURVE HAVING A LONG CHORD WHICH BEARS S15 04'07 E, A DIANCE OF FEET; (5) THENCE SOUTHEAERLY ON A CURVE TO THE RIGHT WITH A RADIUS OF FEET, A DIANCE OF FEET, SAID CURVE HAVING A LONG CHORD WHICH BEARS S46 40'51 E, A DIANCE OF FEET TO A POINT ON SAID EA LINE OF THE SW1/4 OF SECTION 30; THENCE S02 30'53 E ALONG SAID EA LINE OF THE SW1/4 OF SECTION 30, SAID LINE ALSO BEING SAID WEERLY RIGHT-OF-WAY LINE OF 126TH REET, SAID LINE ALSO BEING THE EAERLY LINE OF SAID LOT 3, HENRYS' HIGHLANDS REPLAT 1 AND THE NORTHERLY EXTENSION THEREOF, A DIANCE OF FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS AN AREA OF 2,329,971 SQUARE FEET OR ACRES MORE OR LE. ERIC A. SCHABEN LS-608 DATE APPROVAL OF PAPILLION CITY ENGINEER THIS SUBDIVISION OF NORTH SHORE COMMERCIAL WAS APPROVED BY THE PAPILLION CITY ENGINEER THIS DAY OF 20. JEFFREY L. THOMPSON, PE, CPESC, CFM PAPILLION CITY ENGINEER APPROVAL OF PAPILLION PLANNING COMMIION THIS SUBDIVISION OF NORTH SHORE COMMERCIAL WAS APPROVED BY THE PAPILLION PLANNING COMMIION. MICHAEL MALLORY DATE CHAIRPERSON, PAPILLION PLANNING COMMIION APPROVAL BY PAPILLION CITY COUNCIL THIS SUBDIVISION OF NORTH SHORE COMMERCIAL WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF PAPILLION, NEBRASKA. DAVID P. BLACK, MAYOR DATE ATTE ELIZABETH BUTLER, CITY CLERK SARPY COUNTY TREASURER'S CERTIFICATE THIS IS TO CERTIFY THAT I FIND NO REGULAR OR SPECIAL TAXES DUE OR DELINQUENT AGAIN THE PROPERTY DESCRIBED IN THE SURVEYOR'S CERTIFICATE AND EMBRACED IN THIS PLAT AS SHOWN BY THE RECORDS OF THIS OFFICE. SARPY COUNTY TREASURER DATE Proj No: P Date: Designed By: Drawn By: Scale: Sheet: JMT TRH 1"=100' 1 of 1 Revisions No Date Description E & A CONSULTING GROUP, INC. Date Description FINAL PLAT NORTH SHORE COMMERCIAL LOTS 1-72 INCLUSIVE AND OUTLOTS "A"-"G" INCLUSIVE EXHIBIT "B" PAPILLION, NEBRASKA Engineering Planning Environmental & Field Services Mill Valley Road, Suite 100 Omaha, NE Phone: Fax: Jeff Stoll 1/6/2017 8:45 AM K:\Projects\2014\202\p01\Plat\Final Design\FINAL-PLAT-000.dwg

22 40' Plaza S 126th Existing 15" Baseball Stadium Sanitary Outfall Sewer Connection to Baseball Stadium Outfall Sewer See Sheet 2 of 2 for North Shore Commercial Sanitary Sewer Connection to North Shore Commercial Outfall Sewer and PPROXIMATE to Wood Hollow Outfall Sewer OPERTY LINE 6' x 7' Existing Box Culvert Proposed Outfall Sewer X X X X X X X X X X X X X X X X X X X X X AC Residential 20 Lots 40' 20' SIDE YARD 20' X X X X X X X X X X X X X X X X X X X X X X X X OUTLOT "G" 5/ REBAR AC OUTLOT "D" North Loop Street 0' SIDE YARD 20' FRONT YARD PUD S 127th Plaza ' REAR YARD Middle Street AC 60 O.L. Lincoln Road Sanitary Sewer AC "B" 20' AC 14 Grant Plaza S 127th Terrace PUD 72 Lincoln Road 63 2 S 126th Court Sherman Plaza Commercial 33 Ac OUTLOT AC AC OUTLOT "E" AC 5 NORTHEA CORNER OF THE SW1/4 SEC. 30-T14N-R12E (COMPUTED) South Loop Street "A" 6 9 Grant Court ' SIDE YARD 0' SIDE YARD O.L AC 20' FRONT YARD 7 20' REET SIDE YARD "B" W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W OUTLOT AC Ballpark Way W W W R=133.00' L= 30.91' L.C.=S19 54'15"W 30.84' R=106.00' L= ' L.C.=S15 04'07"E ' "F" 126th Street Residential 50 Lots W W W W W W W W W W W W W W W W W W W R=29.00' L= 10.14' L.C.=S46 40'51"E 10.09' POINT OF BEGINNING Ballpark Way LEGEND BOUNDARY LINE inch = 100 ft. RIGHT OF WAY LINE LOT LINE EASEMENTS EXIING SANITARY SEWER PROPOSED SANITARY SEWER NORTH SHORE COMMERCIAL OUTFALL SEWER AREA BASEBALL OUTFALL SEWER AREA HWY SOUTHEA CORNER OF THE SW1/4 SEC.30-T14N-R12E (COMMENCING POINT) Proj No: P Date: Designed By: Drawn By: Scale: Sheet: 02/12/2016 MAW JDL 1"=100' 1 of 2 Revisions No Date Description E & A CONSULTING GROUP, INC. Date Description EXHIBIT "C" SANITARY SEWER OUTFALL DESIGNATION NORTH SHORE COMMERCIAL PAPILLION, NEBRASKA Engineering Planning Environmental & Field Services Mill Valley Road, Suite 100 Omaha, NE Phone: Fax: Justin Zetterman 6/7/2017 7:55 PM K:\Projects\2014\202\p01\Plans\UTILITIES EXHIBIT-000.dwg

23 inch = 100 ft. LEGEND BOUNDARY LINE RIGHT OF WAY LINE LOT LINE EASEMENTS EXIING SANITARY SEWER PROPOSED SANITARY SEWER OUTFALL SEWER APPROXIMATE LOCATION EXIING WOOD HOLLOW APPROXIMATE LOCATION EXIING WOOD HOLLOW OUTFALL SEWER 30" 30" 15" Proposed Outfall Sewer Sanitary Sewer Siphon 15" 15" See Sheet 1 of 2 for North Shore Commercial Sanitary Sewer Begin North Shore Commercial Outfall Sewer APPROXIMATE PROPERTY LINE APPROXIMATE PROPERTY LINE Proj No: P Date: Designed By: Drawn By: Scale: Sheet: 02/12/2016 MAW JDL 1"=100' 2 of 2 Revisions No Date Description E & A CONSULTING GROUP, INC. Date Description EXHIBIT "C" SANITARY SEWER OUTFALL DESIGNATION NORTH SHORE COMMERCIAL PAPILLION, NEBRASKA Engineering Planning Environmental & Field Services Mill Valley Road, Suite 100 Omaha, NE Phone: Fax: Justin Zetterman 6/7/2017 7:55 PM K:\Projects\2014\202\p01\Plans\UTILITIES EXHIBIT-000.dwg