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ORD 40058 - Agmt for sale of property to Omaha Economic Development Corp -�,vir or � r Planning Department ,... ''Sim' Permits&Inspections Divisonatz ri ®wF� it � z ;.� Omaha/Douglas Civic Center o �"�" 1819 Farnam Street,Suite 1110 t'�� Omaha,Nebraska 68183 og1Tt13 FEs1(°'1- (402)444-5350 Telefax(402)444-6140 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, 1 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. 2 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. 3 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. 4 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. 5 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 6 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. 7 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 8 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 3 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. • • • • 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