ORD 40058 - Agmt for sale of property to Omaha Economic Development Corp -�,vir
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City of Omaha
Jean Stothert,Mayor James R.Thele
Director
Honorable President
and Members of the City Council
The attached proposed Ordinance approves an Agreement with Omaha Economic Development
Corporation, a Nebraska Non-Profit Corporation, 2221 N. 24th Street, Street, Omaha, NE 68110,
for the sale by the City of the property located at 2120 and 2124 N. 24th Street for use in the Fair
Deal Redevelopment Project. The project is located within the Long School Redevelopment Plan
area.
A covenant to be recorded against the property grants the City the right to have the property
conveyed back to the City if the project does not commence within one year and is not completed
with two years of the conveyance of the site to the developer.
There are no expenditures associated with conveying the property.
Your favorable consideration of this Ordinance is requested.
Sincerely, Referred to City Council for Consideration:
es R. Thele Date Mayor's Office/Title Date (-Y
Planning Director
Approved as to Funding:
74
tepha�i . Curtiss g—t------
ate
Finance Director . µ
2044caw Cover Letter
ORDINANCE NO. /C0.5
AN ORDINANCE approving an Agreement for the sale of City-owned real property; to provide
that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the
City is authorized to enter into the attached Agreement with Omaha Economic
Development Corporation, a Nebraska Non-Profit Corporation, 2221 N. 24th Street,
Omaha, NE 68110, to sell property described in the attached agreement located at 2120
and 2124 N. 24th Street, for use in the Fair Deal Redevelopment Project, as described in
the Attachment "A" to the agreement, for the sum of One and 00/100 Dollars ($1.00);
there are no expenditures associated with the conveyance of the property; and to provide
the effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. Notwithstanding any portion of the Omaha Municipal Code to the contrary,
the attached Agreement with Omaha Economic Development Corporation, is hereby approved
and the Mayor is hereby authorized to execute, and the City Clerk to attest any documents
necessary or appropriate to convey property located at2120 and 2124 N. 24th Street, and legally
described in the attached agreement, in consideration of the sum of One and 00/100 Dollars
($1.00). There are no expenditures directly associated with conveying the properties.
Section 2. Upon completion of the conditions in the attached Agreement, the Mayor of
the City of Omaha is hereby authorized and empowered to execute a Warranty Deed to said
property, and the City Clerk to attest the same to Omaha Economic Development Corporation, a
Nebraska Non-Profit Corporation.
Section 3. That this Ordinance, not being legislative in character, shall take effect upon
the date of its passage in accord with Section 2.12 of the Omaha Municipal Code.
Ordinance No. '/OU58
Page Two
INTRODUCED BY COUNCILMEMBER: APPROVED BY:
,4414x., 3 /,4
OR OF THE CITY OF OMAHA
PASSED JUL 2 9 2014 4- C
ATTEST: APPROVED AS TO FORM:
5.1 4_1 2.5)1 if
CITY CLERK A
OF A DEPUTY CITY ATTORNEY
2044caw-Ordinance
PURCHASE AGREEMENT
Omaha Economic Development Corporation, a Nebraska Non-Profit Corporation,
("Buyer") and CITY OF OMAHA, a Municipal Corporation in the State of Nebraska, ("Seller"),
hereby agree as follows:
1. Certain Definitions. For purposes of this Agreement, the following terms are
defined:
a. "Closing" shall mean the closing and consummation of the transaction
described in this Agreement.
b. "Closing Date" shall mean the date of the Closing.
c. "Premises" shall mean that certain real estate described as:
Parcel I
The West 12 feet of the east 95 feet and the South 42 feet of the East 83 feet
of Lot 1, Block 1, Patrick's Addition, an addition to the City of Omaha, as
surveyed, platted, and recorded in Douglas County, Omaha, Nebraska
(commonly known as 2120 North 24th Street, Omaha,NE);and,
Parcel II
The North 21 feet of the East 83 feet of Lot 1,Block 1,Patrick's Addition,an
addition to the City of Omaha,as surveyed,platted,and recorded in Douglas
County, Omaha, Nebraska (commonly known as 2124 North 24th Street,
Omaha,NE)
d. "Purchase Price" shall mean One and No/100 Dollars ($1.00).
2. Purchase and Sale. Subject to the terms and conditions of this Agreement, Seller
hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, the
Premises for the Purchase.Price, subject to fulfillment of the conditions contained herein.
3. Representations of Seller. Seller hereby represents and warrants to Buyer, which
warranties and representations shall be true as of, and shall survive,the Closing, as follows:
a. Seller is a Municipal Corporation of the State of Nebraska organized and
existing under the laws of the State of Nebraska.
b. Seller,subject to approval by the City Council of Omaha,Nebraska,has the
authority to enter into this Agreement and perform its duties and obligations
hereunder,
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c. Seller has good, marketable, fee simple title to the Premises subject to the
established and existing covenants,conditions,restrictions and easements on
said premises.
d. To Seller's knowledge: (i) no toxic or hazardous substances or wastes,
pollutants or contaminants (including, without limitation, asbestos, urea
formaldehyde, the group or organic compounds known as polychlorinated
biphenyls, petroleum precuts including gasoline, fuel oil, crude oil and
various constituents of such products,and any hazardous substance as defined
in the Comprehensive Environmental Response Compensation and Liability
Act of 1980 ("CERCLA"),42 U.S.C. § 9601-9657,as amended)have been
generated, treated, stored, released or disposed of, or otherwise placed,
deposited in or located on the Property in violation of applicable laws, nor
has any activity been undertaken on the Property that would cause or
contribute to (aa) the Property to become a treatment, storage or disposal
facility within the meaning of, or otherwise bring the Property within the
ambit of,the Resource Conservation and Recovery Act of 1976("RCRA),42
U.S.C. § 6901 et seq., or any similar state laws or local ordinances, (bb) a
release or threatened release in violation of applicable law, or toxic or
hazardous wastes or substances, pollutants or contaminants, from
the Property within the meaning of,or otherwise bring the Property within the
ambit of,CERCLA,or any applicable similar state laws or local ordinances,
or(cc)the discharge of any pollutants or effluents in to any water source or
system,the dredging or filling of any waters or the discharge into the air of
any emissions,that would require a permit under the Federal Water Pollution
Control Act,33 U.S.C. § 1251 et seq.,or the Clean Air Act,42 U.S.C. §7401
et seq.,or any applicable similar state laws or local ordinances; (ii)there are
no substances or conditions in or on the Property that support a claim or
cause of action under RCRA,CERCLA or any other applicable federal,state
or local environmental statutes, regulations, ordinances or other
environmental regulatory requirements; and (iii) no above ground or
underground tanks are located in or about the Property or have been located
under,in or about the Property and have subsequently been removed or filled.
4. Seller Conditions. Notwithstanding anything in this Agreement to the
contrary,the Closing shall be subject to the following conditions:
a. This Purchase Agreement must be approved by the City Council of the City of
Omaha.
b. Buyer shall observe and perform all of Buyer's covenants and agreements
contained herein.
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c. This property is being sold to Buyer with the understanding that Buyer will
secure financing and/or other means sufficient to,and then develop the property
in a manner substantially similar to that outlined in Attachment "A". As
outlined in Section 21 below,a Covenant will lse imposed on the property at the
time of closing which will provide that should Buyer fail to develop the property
within 1 year,that Seller shall be able to purchase the property for the Purchase
Price quoted in this agreement in Section 2, above.
5. Title Commitment and Inspection. Buyer shall promptly obtain a title insurance
commitment (the "Title Commitment"). Within ten (10) days after Buyer's receipt of the Title
Commitment, Buyer shall give written notice to Seller of any matters disclosed in the Title
Commitment which Buyer finds objectionable in its reasonable discretion. Seller shall thereafter use
its best efforts to correct and/or cure all such objectionable matters prior to the Closing Date.In the
event Seller fails to correct and/or cure all of the objectionable matters prior to the Closing Date,
then Buyer may either elect to terminate this Agreement by written notice to Seller,whereupon this
Agreement shall be deemed to be null and void, or may waive its objections as to the uncured title
matters and complete the Closing.Any matters disclosed in the Title Commitment and not objected
to by Buyer are herein called the "Permitted Exceptions."
The City shall make the property available for inspection by the Buyer, Buyer's agent,
employees,and contractors for a period of Ninety(90)days from the execution of this Agreement,
and Buyer may,at Buyer's sole risk and expense,undertake a complete inspection and survey of the
Premises as Buyer deems appropriate, including but not limited to, the performance of soil and
environmental tests, a review of applicable zoning laws, covenants, and restrictions, and other
necessary investigations to determine to Buyers satisfaction that the Premises can be used for the
construction and operation thereon of the proposed project. If as a result of Buyer's inspection,
Buyer finds any condition related to the property which Buyer finds not to be satisfactory,Buyer may
elect to terminate this Agreement by written notice to Seller, whereupon this Agreement shall be
deemed to be null and void.
6. Buyer Conditions. Notwithstanding anything in this Agreement to the contrary,the
Closing shall be subject to the satisfaction of the following conditions:
a. Seller's representations and warranties shall be true and accurate as of the
Closing Date.
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b. Seller shall have cured and/or corrected all matters in the Title Commitment
found objectionable by Buyer.
- c. — -Seller shallhave observed-and-performed all of Seller's-covenants-and
agreements contained herein.
7. Adjustments. The following shall be apportioned,prorated and/or adjusted between
Buyer and Seller on the Closing Date(the "Adjustments"):
a. All real estate taxes becoming delinquent in the year of Closing(if any)shall
be prorated between Buyer and Seller to the Closing Date.
b. The Seller shall pay all documentary transfer taxes(if any)and shall pay all
recording fees.
c. Buyer shall pay the cost of the Title Commitment (and the title insurance
policy issued pursuant thereto).
d. Buyer and Seller shall pay equally all other usual and customary closing costs
and fees.
8. Closing Date. The Closing Date shall be on or before December 31,2014 or within
30 days from date of approval of sale by.the Omaha City Council,or such other date as Buyer and
Seller may mutually agree. All conditions contained herein must be met prior to closing.
9. Closing. The Closing may,at Seller's discretion,be conducted through the offices of
Title Company. Title Company shall be responsible for the collection and disbursement of the
Purchase Price, including the payment of any liens or encumbrances against the Premises.
10. Closing Date Transactions. On the Closing Date,the following transactions shall
occur:
a. Seller shall convey the Premises to Buyer by warranty deed,free and clear of
all liens, claims and encumbrances except those of record and subject to the
established and existing covenants,conditions,restrictions and easements on
said premises. including the "Permitted Exceptions" ,as stated in Section 5.
b. Seller shall execute such affidavits as Title Company may require in
connection with the issuance of the title insurance policy.
c. Buyer shall pay the Purchase Price(after application of the Adjustments)to
Seller by certified or cashier's check or otherwise in immediately available
funds.
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Without limiting the foregoing, Seller and Buyer agree to execute and deliver such further
instruments or documents and take such further acts as may reasonably be req ire in order_to fully
effect the sale of the Premises to Buyer.
11. Eminent Domain. If,prior to the Closing,all or any portion of the Premises shall be
taken by eminent domain, Seller shall promptly give notice thereof to Buyer,and Buyer shall have
the right to either waive the event and proceed to effect the Closing or to not waive such event and
cause this Agreement to terminate. If there shall be a taking and Buyer shall elect not to terminate
this Agreement but instead to effect the Closing,the Purchase Price shall not be reduced,but Seller
shall assign to Buyer all of Seller's rights to all proceeds and awards with respect to such taking.
12. Notices. All notices and other communications which either party is required or
desires to send pursuant to the terms of this Agreement shall be in writing and shall be sent by either
certified United States mail, postage prepaid, return receipt requested, or delivered personally.
Notices and communications shall be deemed to have been given on the day so mailed or on the date
when personally delivered. Such notices and communications shall be addressed to the parties as
follows:
IF TO SELLER: Mr. Christopher A. Wayne
Real Estate Manager
City of Omaha
Planning Department
1819 Farnam Street
Omaha,NE 68183
IF TO BUYER: Michael B. Maroney, President and Executive Director
Omaha Economic Development Corporation
2221 North 24th Street
Omaha,NE 68110
13. Applicable Law. Parties to this Agreement shall conform to all existing and
applicable city ordinances,resolutions,state laws,federal laws,and all existing and applicable rules
and regulations. Nebraska law will govern the terms and the performance under this Agreement.
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14. Interest to the City. Pursuant to Section 8.05 of the Home Rule Charter,no elected
official or any officer or employee of the City of Omaha shall have a financial interest, direct or
indirect, in any City of Omaha contract. Any violation of thus section with the knowledge of the
person or corporation contracting with the City of Omaha shall render the contract voidable by the
Mayor or Council.
15 Modification. This Agreement contains the entire agreement of the parties. No
representations were made or relied upon by either party other than those that are expressly set forth
herein. No agent,employee or other representative of either party is empowered to alter any of the
terms herein unless done in writing and signed by an authorized officer of the respective parties,
pursuant to Omaha Municipal Code Section 10-142. The Mayor may, without City Council
approval,approve minor administrative amendments to this Agreement.
16. Assignment. The parties may not assign its rights or obligations under this
Agreement without the express prior written consent of the other party; such consent not to be
unreasonably withheld. Seller acknowledges that Buyer may be acquiring the Property to effect a
Tax-Free Exchange under Section 1031 of the Internal Revenue Code of 1986,as amended,and as a
result Buyer shall have the right to assign its rights and obligations under this Agreement to a
qualified intermediary of Buyer's choice for the purpose of completing such an exchange;provided,
however, such assignment or exchange shall not delay the Closing or cause additional expense to
Seller. Seller agrees to reasonably cooperate with Buyer and such qualified intermediary in a manner
necessary to complete the exchange and to provide such documents and consents to Buyer relating
thereto as may be consistent with the terms and conditions of this Agreement. Buyer shall
indemnify,defend and hold Seller harmless for any costs,damages or other liabilities or obligations
relating to this Agreement.
17. Strict Compliance. All provisions of this Agreement and each and every document
that shall be attached shall be strictly complied with as written,and no substitution or change shall be
made except upon written direction from authorized representatives of the parties.
18 Partial Invalidity. If any term, covenant, or condition of this Agreement or the
application thereof to any part, person, or circumstances shall, to any extent, be invalid or
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unenforceable, the remainder of this Agreement, or the application of such term, covenant or
condition shall be valid and shall be enforced to the full extent permitted by law.
19. Binding Effect. This Agreement shall be binding upon the parties hereto and their
respective successors and assigns.
20. Non-Discrimination. Non-discrimination and Statement of No Personal Financial
Interest of City Officials:
a. Neither myself nor the City shall, in the performance of this Agreement,
discriminate or permit discrimination against any person because of race, sex,age,
or political or religious opinions, or affiliations in violation of federal or state laws
or local ordinances.
b. Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha,no elected
official or any officer or employee of the City shall have a financial interest,direct
or indirect, in any City Agreement. Any violation of that Section with the
• knowledge of the party contracting with the City shall render the Agreement
voidable.
c. Parties to this Agreement shall conform with all existing and applicable City
ordinances,resolutions,state laws,federal laws,and all existing and applicable rules
and regulations. Nebraska law will govern the term and the performance under this
Agreement.
21. Covenant. Buyer and Seller shall execute a Covenant in the form shown on
Attachment "B" which shall be recorded with the deed transferring title. The Covenant
contemplates that Buyer must begin substantial construction of the structure of the
building(s) identified in the project proposed in Attachment"A"no later than one (1)year
from the date of actual closing on the sale of the Premises.If substantial construction of the
building(s) has not begun by said one (1) year date, Buyer will, at Sellers sole discretion,
convey ownership by Warranty Deed back to Seller for the Purchase Price stated in Section 2
of this agreement,title at such time being free and clear of any liens and encumbrances to
the Premises not in place at the time of conveyance to Buyer from Seller.
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DATED this ( day of Gy?� ,2014.
BUYER: OMAHA ECONOMIC DEVELOPMENT
CORPORATION
By:
Michael B. Maroney
Its: President and Executive Director
DATED this j1day of , 2014.
SELLER: CITY OF OMAHA
By: ri,ci-,44Christoher A. Wayne, i�er
Its: Community Development Real Estate Manager
APPROVED AS TO FORM:
6/Z3 ) �
DE Y CITY ATTORNEY ATE
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FAIR DEAL PLAZA
PROJECT DESCRIPTION(SHORT VERSION)
The proposed Fair Deal Plaza is located at 2118 North 24th Street. The project also includes vacant
parcels to the north(2120 North 24th Street,Parcel ID#2000030002 and 2124 North 24th Street,Parcel ID
#2000010000).The.Fair Deal Plaza consists of a collection of micro retail and artist studio"pods"
constructed primarily of shipping containers. These pods will be situated along a shaded courtyard that
extends from the Fair Deal Café facade,which is to remain. The shipping containers will primarily be
single-height,with a small number being double-stacked along the perimeter to develop the street edge.
The project supports the City of Omaha's intent to assist in the revitalization of highly stressed
neighborhoods by expanding economic opportunities,principally for persons of low-and moderate-
income. Located in a City of Omaha designated revitalization area(NRSA),the project also addresses the
deteriorated conditions caused by blight. (2013-2017 City of Omaha Five Year Strategy).
Upon implementation,the Fair Deal Plaza will expand ongoing efforts to re-establish a locally based
economic engine focused on the historic,cultural and artistic vibrancy of North Omaha. Construction of
this shared retail pop-up space will create the potential for large short term economic return with
relatively low risk for low-and moderate-income entrepreneurs. This`pop-up"culture is reminiscent of
the past history of North 24th Street-providing an opportunity that encourages creative people and locally
based artisan small businesses to insert a particular venue into everyday people's lives. Few other
economic sectors generate as large and diverse an entrepreneurial base as arts and cultural enterprises.
This project begins to create business density,offering a hub where small business owners can share
ideas,collaborate,and develop brand platforms/events/market goods that highlight locally sourced
content. The project mimics other national initiatives that have resulted in neighborhoods being
transformed through mixed-use developments that combine workspaces with housing,retail,and
art/culture and recreational spaces.
The economic objective of the Fair Deal Plaza is to create a low cost retail and commercial space artisan
village that promotes a collaborative work environment through shared spaces and facilities for associated
business services.The construction of the Plaza provides inexpensive space and marketing assistance to
new/emerging firms to help them become sustainable businesses. The design concept re-purposes the
Café and surrounding vacant parcels into uses that preserves the charm and scale of development within
the North 24th and Lake Street Corridor. The Project concept is intended to bring an estimated 15-21
micro-businesses into the area,resulting in approximately 22-30 full and part-time ftes.
In addition to performing as a catalyst for economic development,the Fair Deal Plaza will also address
the need for a strong cultural hub in the community.Upon implementation,this project will provide a
space reminiscent of the Café's past as the"Black City Hall"-a multi-generational gathering place for the
exchange of ideas and social advocacy. The Plaza complements new residential development in the
immediate environs that houses low-and moderate income individuals and families up to 120%median
household income. The proposed repurposing of the Fair Deal Café and the construction of micro-retail
and artist/artisan spaces completes Phase I of the North Omaha Village Revitalization Plan for the 24th
and Lake node.
OEDC has completed a number of predevelopment activities for the Fair Deal Plaza project
- With an award from the North Turn-Back Tax Historical Grant,OEDC completed Concept
Design drawings by securing architectural and engineering services,a thorough structural
analysis of the Café itself and a preliminary analysis of development activities for the north
parcels.
I
- With contributions from First National Bank,Bank of the West,Wells Fargo and OEDC,ABLE
services have been secured to complete Design Development drawings and specs. Schematic
design is 50%complete.
- The project has been vetted to the Mayor's Office for verbal support of the initiative.
—- — - The project-has been vetted to-Councilman Ben-Gray for-support of the-initiative.
- The project has had a preliminary zoning and permitting review by the City of Omaha Planning
Department.
- OEDC has discussed with Jim Anderson,City of Omaha Planning Department,the transfer of
City owned lots north of the Café per confirmation letter dated October 1,2013.
- Members of the current Chamber Leadership Omaha class completed a business and marketing
plan for this project. Team members then vetted the concept and plan to a number of
corporations in the Omaha area who have indicated a strong interest in project sponsorships.
- OEDC has met with Dusty Reynolds,Economic Development,Greater Omaha Chamber of
Commerce garnering support and the opportunity to share research on the outcomes of the Fair
Deal Plaza project.
- OEDC has had preliminary conversations with Union Pacific on the opportunities for partnership
and financial support for the project.
- OEDC has conducted two pre-leasing meetings with 33 potential leasees.
- OEDC continues to meet with The Union for Contemporary Arts to discuss event and shared
gallery space opportunities on the Plaza.
- OEDC has identified a local fabricator to repurpose the shipping containers and preserve
elements of the Café.
2
[This Space Above is for Recording Data]
DECLARATION
OF COVENANTS,CONDITIONS,RESTRICTIONS AND EASEMENTS
CITYOF OMAHA,DOUGLAS COUNTY,NEBRASKA
THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND
EASEMENTS (this "Declaration") is made on the date hereinafter set forth by THE CITY OF
OMAHA, a Municipal Corporation in the State of Nebraska, hereinafter referred to as the
"Declarant."
PRELIMINARY STATEMENT
The Declarant is the owner, pursuant to its statutory powers, of certain real property
located within Douglas County,Nebraska and described as follows:
Parcel I
The West 12 feet of the east 95 feet and the South 42 feet of the East 83 feet of Lot 1,
Block 1, Patrick's Addition, an addition to the City of Omaha, as surveyed, platted, and
recorded in Douglas County, Omaha, Nebraska (commonly known as 2120 North 24th
Street,Omaha,NE); and,
Parcel II
The North 21 feet of the East 83 feet of Lot 1,Block 1,Patrick's Addition, an addition to
the City of Omaha, as surveyed, platted, and recorded in Douglas County, Omaha,
Nebraska(commonly known as 2124 North 24th Street, Omaha,NE);
herein referred to as the"Lots."
The Declarant desires to have said lots with the intention of incorporating them, along
with adjacent parcels to the south, for the purpose of developing a collection of micro retail and
1
artist studio "pods" along a shaded courtyard and incorporating the existing Fair Deal Café
façade, as described in Attachment"A"to this document.
NOW, THEREFORE, subject to the terms of this Declaration, the Declarant hereby
declares that each and all of the Lot now and hereafter encumbered by this Declaration shall be
held, sold and conveyed subject to the following restrictions, covenants, conditions and
easements, all of which are for the purpose of enhancing and protecting the value, desirability
and attractiveness of the Lost. These restrictions, covenants, conditions and easements shall run
with such Lot and shall be binding upon all parties having or acquiring any right, title or interest
in each Lot, or any part thereof, as more fully described herein. Subject to the terms of this
Declaration, the Lots, and each Lot are and shall be subject to all and each of the following
conditions and other terms.
ARTICLE I.
RESTRICTIONS AND COVENANTS
1. The Lots shall be used exclusively for the purpose of being incorporated with
adjacent parcels to the south, for a project to be constructed by Omaha Economic Development
Corporation consisting of a collection of micro retail and artist studio "pods" along a shaded
courtyard and incorporating the existing Fair Deal Café façade, as described in Attachment "A"
to this document.
2. All owners, meaning Omaha Economic Development Corporation, its successors
and assigns, must commence construction of the improvement permitted by this Declaration
within one (1) year of acquiring title to the lot. In the event that any Owner shall fail to perform
its obligations set forth in this Section 2, such Owner shall convey to Declarant all right,title and
interest in such Lots for a cost equal to one hundred percent (100%) of the base purchase price
paid by such Owner for such Lot, with such Owner responsible for all closing and other costs
incurred by Declarant to take title to such Lots (excepting the purchase price set forth above).
Construction of any Improvement shall be completed within one (1) year from the date of
commencement of excavation or construction of the Improvement. At Declarant's sole
discretion, Declarant may waive its right to have the Lots conveyed back to it as described
above.
ARTICLE II.
GENERAL PROVISIONS
1. Except for the authority and powers specifically granted to the Declarant, the
Declarant or any owner of a Lots named herein shall have the right to enforce by a proceeding at
law or in equity, all reservations, restrictions, conditions and covenants now or hereinafter
imposed by the provisions of this Declaration to either prevent or restrain any violation or to
recover damages or other dues of such violation. Nothing herein contained shall in any way be
construed to impose any obligation, of any kind,upon the Declarant or any successor and assigns
2
of the same, any liability, obligation or requirement to enforce this instrument or any of the
provisions contained herein. Failure by the Declarant or by any Owner to enforce any covenant
or restriction herein contained shall in no event be deemed a waiver of the right to do so
thereafter.
2. The covenants and restrictions of this Declaration shall run with and bind the
land.
3. Declarant, its successors or assigns, may, at its option, terminate its status as
Declarant under this Declaration, as to any Lot at any time, by filing a Notice of Termination of
Status as Declarant.
4. Invalidation of any one or more provision or covenant of this Declaration by
judgment or court order shall in no way affect any of the other provisions hereof, which shall
remain in full force and effect.
IN WITNESS WHEREOF, the Declarant has caused these present to be executed this
day of 2014.
DECLARANT:
THE CITYOF OMAHA, a Municipal Corporation
By:
Title:
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
The foregoing instrument was acknowledged before me this day of
2014, by , Mayor of the City of Omaha, a municipal corporation,
known to me to be the identical person who executed the above instrument and acknowledged
the same to be her/his voluntary act and deed and the voluntary act and deed of said City of
Omaha.
Witness my hand and Notarial Seal this day of ,2014.
Notary Public
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I, Michael B. Maroney,President and Executive Director of OEDC
Acknowledge that I am in receipt of a copy of the City of Omaha Declaration of
Covenants, Conditions, Restrictions and Easements that will be filed in the office of the Douglas
County Register of Deeds regarding properties described above and, also commonly known as
2120 and 2124 North 24th Street, Omaha,Nebraska , stating, in pertinent part, that I understand
that Omaha Economic Development Corporation must commence construction of the project as
it is described above in this document and in Attachment "A" to this document, within one (1)
year of obtaining title. And that construction of the same must be completed within two (2)
years of commencing construction. I also understand that if Omaha Economic Development
Corporation (OEDC) fails to perform the obligations set forth in the Covenants, that the City of
Omaha, a municipal corporation will have the right to cause Omaha Economic Development
Corporation(OEDC),the owner,to convey the property back to the City of Omaha subject to the
conditions as stated in said Covenants.
Michael B. Maroney,President
and Executive Director
Omaha Economic Development Corporation
STATE OF NEBRASKA )
ss.
COUNTY OF DOUGLAS )
On this 23"4 day ofdte..wE , A.D., 20 14, before me, a Notary Public in
and for said County, personally came Michael B. Maroney, President and Executive Director of
Omaha Economic Development Corporation, a Nebraska Non-Profit Corporation, on behalf of
the Corporation, and whose name is affixed to the above instrument, and he/she acknowledges
the said instrument to be his/her voluntary act.
Witness my hand and Notarial Seal the date last aforesaid.
leatENN•alidNelooks ---
r ANNETTIET.M ER11ON / 7440--(-
Notary Public
APPROVED A 0 •
4
3 )
DEPUTY CITY ATTORNEY
FAIR DEAL PLAZA
PROJECT DESCRIPTION(SHORT VERSION)
The proposed Fair Deal Plaza is located at 2118 North 24a Street. The project also includes vacant
parcels to the north(2120 North 24a Street,Parcel ID#2000030002 and 2124 North 24th Street,Parcel ID
#2000010000).The Fair Deal Plaza consists of a collection of micro retail and artist studio`pods"
constructed primarily of shipping containers. These pods will be situated along a shaded courtyard that
extends from the Fair Deal Café facade,which is to remain. The shipping contains will primarily be
single-height,with a small number being double-stacked along the perimeter to develop the street edge.
The project supports the City of Omaha's intent to assist in the revitalization of highly stressed
neighborhoods by expanding economic opportunities,principally for persons of low-and moderate-
income. Located in a City of Omaha designated revitalization area(NRSA),the project also addresses the
deteriorated conditions caused by blight. (2013-2017 City of Omaha Five Year Strategy).
Upon implementation,the Fair Deal Plaza will expand ongoing efforts to re-establish a locally based .
economic engine focused on the historic,cultural and artistic vibrancy of North Omaha. Construction of
this abated retail pop-up space will create the potential for large short team economic retina with
relatively low risk for low and moderate-income ems. This"pop-up"culture is reminiscent of
the past history of North 246 Street-providing an opportunity that encourages creative people and locally
based artisan snail businesses to insert a particular•venue into everyday people's lives. Few other
economic sectors generate as large and diverse an entrepreneurial base as arts and cultural enterprises.
This project begins to create business density,offering a hub where small business owners can share
ideas,collaborate,and develop brand platforms/events/market goods that highlight locally sourced
content. The project mimics other national initiatives that have resulted in neighborhoods being
transformed through mixed-use developments that conibine workspaces with housing,retail,and
art/culture and recreational spaces.
The economic objective of the Fair Deal Plaza is to create a low cost retail and commercial space artisan
village that promotes a collaborative work environment through shared spaces and facilities for associated
business services.The construction of the Plaza provides inexpensive space and marketing assistance to
new/emerging rums to help than become sustainable bum. The design concept re-purposes the
Cafd and surrounding vacant parcels into uses that preserves the charm and scale of development within
the North 24a'and Lake Street Corridor. The Project concept is intended to bring an estimated 15-21
micro-businesses into the area,resulting in approximately 22-30 full and part-time ftes.
In addition to performing as a catalyst for economic development,the Fair Deal Plaza will also address
the need for a strong cultural hub in the community.Upon implementation,this project will provide a
space reminiscent of the Café's past as the"Black City Hall"-a multi-generational gathering place for the
exchange of ideas and social advocacy. The Plaza complements new residential development in the
immediate environs that houses low-and moderate income individuals and families up.to 120%median
household income. The proposed repuaposing of the Fair Deal Café and the construction of micro-retail
and artist/artisan spaces completes Phase I of the North Omaha Village Revitalization Plan for the 24th
and Lake node.
OEDC has completed a number of predevelopment activities for the Fair Deal Plaza project
- With an award from•t a North Turn-Back Tax Historical Grant,OEDC completed Concept
Design drawings by securing architectural and engineering services,a thorough structural
analysis of the Café itself and a preliminary analysis of development activities for the north
parcels.
1
- With contributions from First National Bank,Bank of the West,Wells Fargo and OEDC,A&E.
services have been secured to complete Design Development drawings and specs. Sic
design is 50%complete.
- The project has been vetted to the Mayor's Office for verbal support of the initiative.
- The project has-beeat-vetted
- The project has had a preliminary zoning and permitting review by the City of Omaha Planning
Department
- OEDC discussed with Jim Anderson,City of Omaha Planning Dot,the transfer of
City owned lots north of the Cafe per confirmation letter dated October.1,2013.
- Members of the current Chamber Leadership Omaha class completed a business and marketing
plan for this project. Team members then vetted the concept and plan to a number of
corporations in the Omaha area who have indicated a strong interest in project sponsorships.
- OEDC has met with Dusty Reynolds,Economic Development,Greater Omaha Chamber of
Commerce garnering support and the opportunity to share research on the outcomes of the Fair
Deal Plaza project.
- OEDC has had preliminary conversations with Union Pacific.on the opportunities for partnership
and financial support for the project
- OEDC has conducted two pre-leasing meetings with 33 potential lessees.
• - OEDC confines to meet with The Union for Contemporary Arts to discuss event and shared
gallery space opportunities s on the Plaza.
- OEDC has identified a local fabricator to repmpbse the shipping containers and preserve
elements of the Cafe.
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131/54'50
ORDINANCE NO.
7(02'
AN ORDINANCE approving an
Agreement for the sale of City-owned
real property; to provide that
notwithstanding any provisions of the
Omaha Municipal Code to the contrary,
the City is authorized to enter into the
attached Agreement with Omaha
Economic Development Corporation, a
Nebraska Non-Profit Corporation, 2221
N. 24th Street, Omaha, NE 68110, to
sell property described in the attached
agreement located at 2120 and 2124 N.
24th Street, for use in the Fair Deal
Redevelopment Project, as described in
the Attachment "A" to the agreement,
for the sum of One and 00/100 Dollars
($1.00); there are no expenditures
associated with the conveyance of the PRESENTED TO COUNCIL
property; and to provide the effective ,.�
date hereof. 1st Reading JUL 1 5 2014 '. rr�
2044caw
Hearing JUL 2 2 2014
PUBLICATIONS /0/
PUBLICATION OF HEARING
Final Reading 2 9 2014,
Date 7- 1 S= l 4 Passed - -
PUBLICATION OF ORDINANCE
Date
—6+ l+ BUSTER BROWN
City Clerk