ORD 39250 - Agmt with Pepsi Beverages Company for vending machine concessions pMAHA,,ve
A.0 .4011, Parks, Recreation &
u�` �- ♦�r' E C. �V ED Public Property Department
zw'1���lJ�'Rk�""' 12 JAN 25 Atli!:: 01 Omaha/Douglas Civic Center
V � � Alt t 1819 Farnam Street,Suite 701
° t'°'�'='�` "ry� Omaha,Nebraska 68183-0701
er a�py c i '3 Y CL 11 (402)444-5900
ED FEBR FAX 402 444-4921
City of Omaha
Jim Suttle,Mayor February 7, 2012
Honorable President
and Members of the City Council,
The attached ORDNANCE is to accept the bid and approve the agreement of Pepsi Beverages
Company to provide Vending Concessions at the various locations from November 2011,
through December 31, 2012. The City reserves the right to extend this contract on a yearly basis
for three one-year terms, for the Parks, Recreation and Public Property Department.
Pepsi Beverages Company was the sole bid received on October 19, 2011:
Funds for the Vending Concessions will be appropriated beginning November 2011 through
December 31, 2012, extendable on a yearly basis for three one-year terms.
The contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is
City policy, the Human Rights and Relations Director will review the contractor to ensure
compliance with the Contract Compliance Ordinance.
The Parks, Recreation and Public Property Department recommends the acceptance of this bid,
in the total amount of $36,180.00, plus 35% of gross receipts from vending machine sales,
attached hereto and made a part hereof, and request your consideration and approval of this
Ordinance.
The Finance Depailiiient is authorized to pay for the Vending Concessions from the General
Fund No. 11111, and Organization No. 115111, Community Center Administration.
Respectfully submitted, proved:
BAOL,L3e44AL
1 'a31a
Brook Bench, Acting Director Date Human Rights &Relations Date
Parks, Recreation and
Public Property Depaitiuent
Subscribed in my p ••-• sworn too • •fore
blinker's Ass c$S • 0 me this / 7th /day of
• CG 11RES 12
• i dffional Gees $ u_ • / . AO
414 •Stei 6, 0 Notary Pub!' �'��. f f i g Pa-nty,
on to
1303.
1304.
1305.
1400.TOTAL SETTLEMENT CHARGES (Enter on Lines 103,Section J and 502,Section K) 44,262.00
By sipring page 1 a trio statement,the signatories ackroMedge recap of a competed copy 01 papa 2 of Ns too page statement.
Cornhusker Land Title Company,Settlement Agent
Certified to be a true copy.
•
•
•
•
(10-409E8/10-40958/40)
sments to 512.Assessments to
213. 513.
214. 514.
215. 515.
216. 516.
217. 517.
218. 518.
219. 519.
220. TOTAL PAID BY/FOR BORROWER 702,262.00 520. TOTAL REDUCTION AMOUNT DUE SELLER
300. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER:
301. Gross Amount Due From Borrower(Line 120) 702,262.00 601. Gross Amount Due To Seller(Line 420) 658,000.00
302. Less Amount Paid By/For Borrower(Line 220) ( 702,262.00) 602. Less Reductions Due Seller(Line 520) ( )
303. CASH( FROM)( TO)BORROWER 0.00 603. CASH(X TO)( FROM)SELLER 658,000.00
The undersigned hereby acknowledge receipt of a completed copy of pages 182 of this statement&any attachments referred to herein.
Borrower Seller
K.J.WOLFE,LLC THE Y OF ftFrA
BY: lit„
uster Brown, City Clark L
te of Occupancy/conditional Use Permit:Buyer must be able to obtain a*Conditional Use°Permit or and/or any other permit required for business
operation. This permit shall be obtained thru the City of Omaha Planning Board. Buyer will submit all necessary applications before the December 7th,2011
deadline•for January's agenda. If the proper permit cannot be obtained for their use,Buyer shall notify Seller within said thirty(30)days of the proper permit denial
and the offer shall be null and void and the Deposit returned to the Seller within ten(10)days of written notice.
d)ALTA Survey:Seller to provide at his expense an ALTA Survey Report for the premises.
8. Taxes:
® Urban Taxes: All consolidated real estate taxes which become delinquent in the year in which closing takes place shall be treated as though
all are current taxes, and those taxes shall be prorated as of date of closing,and all prior years'taxes, interest, and other charges, if any, will be paid by
Seller.
0 Rural Taxes: All consolidated real estate taxes for the year in which closing takes place(based on current assessment and tax rate)shall be
prorated as of date of closing,and Seller shall,also,pay all prior years'taxes,interest,and other charges.
9. Rents,Deposit and Leases,if Rented: Any tenant deposits and leases shall be assigned to Buyer at no cost. All collected rents shall be prorated to date
of closing. Copies of all current leases shall be provided to the Buyer at the time of closing.
1 .
11. Conveyance of Title: Seller shall furnish a current title insurance commitment to Buyer as soon as practical. if title defects are found,Seller must cure them
within a reasonable time. If title defects are not cured within a reasonable time period,the Buyer may rescind this agreement and the Deposit shall be refunded.
Approximate closing date to be February 13th,_2012,and possession of profits shall be delivered at closing. The costs of an Owner's title insurance policy shall
be equally divided between Buyer and Seller.
12. Escrow Closing: Buyer and Seller acknowledge and understand that the closing of the sale may be handled by an Escrow Agent and that the Broker is
authorized to transfer the Deposit or any other funds it receives to said Escrow Agent. After said transfer,Broker shall have no further responsibility or liability to
Buyer or Seller for the accounting for said funds. Escrow Agent's charge for the escrow closing shall be equally divided between Buyer and Seller.
13. State Documentary Tax: The State documentary Tax on the deed Shall be paid by the Seller.
UNIFORM COMMERCIAL PURCHASE AGREEMENT 11/11/11
Page 2
Honorable President
and Members of the City Council
Approved as to Funding: Referred to City Council for Consideration:
l•(=,23 • /7
Pam Spaccarotella Date Mayor's Office/Title Date
Finance Director
p:1511tmb
n executed copy of this agreement except for the following modifications:
WITNESS: SELLER: , SS#IFed:tDtk
WITNESS: SELLER: / SS#/Fed.ID#
ADDRESS: City: State Zip Phone
BUYER RECEIPT AND ACCEPTANCE
Buyer acknowledges a fully executed copy of this agreement and accepts Counter Proposal as set out above,if any.
DATE: BUYER:
UNIFORM COMMERCIAL PURCHASE AGREEMENT 11/11/11
•
•
Page 1 of 23, 1/11/2012 2:50:09 PM, Bid Tabulation, Generated by:guygerhard for project OPW 51892
1" z rt -<co cu n � .
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ORDINANCE NO. (39, 2L,'D
AN ORDINANCE to accept the bid and approve the agreement of Pepsi Beverages Company to
provide vending machine concessions at the various locations from November 2011,
through December 31, 2012. The City reserves the right to extend this contract on a
yearly basis for three one-year terms at the sole option of the City, to authorize payment
in accordance therewith; to authorize the Purchasing Agent to issue a purchase order in
the total amount of$36,180.00, plus 35% of gross receipts; and to provide an effective
date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That the bid of Pepsi Beverages Company in the total amount of$36,180,plus
35% of gross receipts, for vending concessions, beginning November, 2011 and ending
December 31, 2012, extendible on a yearly basis for three one-year terms, at the sole option of
the City, for the Parks, Recreation and Public Property Department, attached hereto and made a
part hereof is hereby accepted.
Section 2. That the Finance Director is authorized to make payments in accordance
therewith from General Fund No. 11111 and Organization No. 115111, Community Center
Administration. The Finance Department is authorized to pay the cost for the vending
concessions from these accounts.
Section 3. That the City of Omaha Purchasing Agent is authorized to issue a Purchase
Order for this contract.
Section 4. That this Ordinance,not being of legislative character, shall be in force and
take effect immediately from and after its date of passage.
INTRODUCED Y COUNCILMEMBER
Ordinance.
The Finance Depailiiient is authorized to pay for the Vending Concessions from the General
Fund No. 11111, and Organization No. 115111, Community Center Administration.
Respectfully submitted, proved:
BAOL,L3e44AL
1 'a31a
Brook Bench, Acting Director Date Human Rights &Relations Date
Parks, Recreation and
Public Property Depaitiuent
Subscribed in my p ••-• sworn too • •fore
blinker's Ass c$S • 0 me this / 7th /day of
• CG 11RES 12
• i dffional Gees $ u_ • / . AO
414 •Stei 6, 0 Notary Pub!' �'��. f f i g Pa-nty,
on to
1303.
1304.
1305.
1400.TOTAL SETTLEMENT CHARGES (Enter on Lines 103,Section J and 502,Section K) 44,262.00
By sipring page 1 a trio statement,the signatories ackroMedge recap of a competed copy 01 papa 2 of Ns too page statement.
Cornhusker Land Title Company,Settlement Agent
Certified to be a true copy.
•
•
•
•
(10-409E8/10-40958/40)
sments to 512.Assessments to
213. 513.
214. 514.
215. 515.
216. 516.
217. 517.
218. 518.
219. 519.
220. TOTAL PAID BY/FOR BORROWER 702,262.00 520. TOTAL REDUCTION AMOUNT DUE SELLER
300. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER:
301. Gross Amount Due From Borrower(Line 120) 702,262.00 601. Gross Amount Due To Seller(Line 420) 658,000.00
302. Less Amount Paid By/For Borrower(Line 220) ( 702,262.00) 602. Less Reductions Due Seller(Line 520) ( )
303. CASH( FROM)( TO)BORROWER 0.00 603. CASH(X TO)( FROM)SELLER 658,000.00
The undersigned hereby acknowledge receipt of a completed copy of pages 182 of this statement&any attachments referred to herein.
Borrower Seller
K.J.WOLFE,LLC THE Y OF ftFrA
BY: lit„
uster Brown, City Clark L
te of Occupancy/conditional Use Permit:Buyer must be able to obtain a*Conditional Use°Permit or and/or any other permit required for business
operation. This permit shall be obtained thru the City of Omaha Planning Board. Buyer will submit all necessary applications before the December 7th,2011
deadline•for January's agenda. If the proper permit cannot be obtained for their use,Buyer shall notify Seller within said thirty(30)days of the proper permit denial
and the offer shall be null and void and the Deposit returned to the Seller within ten(10)days of written notice.
d)ALTA Survey:Seller to provide at his expense an ALTA Survey Report for the premises.
8. Taxes:
® Urban Taxes: All consolidated real estate taxes which become delinquent in the year in which closing takes place shall be treated as though
all are current taxes, and those taxes shall be prorated as of date of closing,and all prior years'taxes, interest, and other charges, if any, will be paid by
Seller.
0 Rural Taxes: All consolidated real estate taxes for the year in which closing takes place(based on current assessment and tax rate)shall be
prorated as of date of closing,and Seller shall,also,pay all prior years'taxes,interest,and other charges.
9. Rents,Deposit and Leases,if Rented: Any tenant deposits and leases shall be assigned to Buyer at no cost. All collected rents shall be prorated to date
of closing. Copies of all current leases shall be provided to the Buyer at the time of closing.
1 .
11. Conveyance of Title: Seller shall furnish a current title insurance commitment to Buyer as soon as practical. if title defects are found,Seller must cure them
within a reasonable time. If title defects are not cured within a reasonable time period,the Buyer may rescind this agreement and the Deposit shall be refunded.
Approximate closing date to be February 13th,_2012,and possession of profits shall be delivered at closing. The costs of an Owner's title insurance policy shall
be equally divided between Buyer and Seller.
12. Escrow Closing: Buyer and Seller acknowledge and understand that the closing of the sale may be handled by an Escrow Agent and that the Broker is
authorized to transfer the Deposit or any other funds it receives to said Escrow Agent. After said transfer,Broker shall have no further responsibility or liability to
Buyer or Seller for the accounting for said funds. Escrow Agent's charge for the escrow closing shall be equally divided between Buyer and Seller.
13. State Documentary Tax: The State documentary Tax on the deed Shall be paid by the Seller.
UNIFORM COMMERCIAL PURCHASE AGREEMENT 11/11/11
ORDINANCE NO. C3�v2c5"O
Page 2
APPROVED BY:
. r.,..imeer 02.
MA_ a.; w %l TY O' OMAH•
PASSED FER 2 8 2012 7-o
ATTEST:
I CLERK OF HE CITY OF OMAHA ATE
APPROVED AS TO FO .
—/8-/a--
CITY A TORNEY DATE
p:1512tmb
cations:
WITNESS: SELLER: , SS#IFed:tDtk
WITNESS: SELLER: / SS#/Fed.ID#
ADDRESS: City: State Zip Phone
BUYER RECEIPT AND ACCEPTANCE
Buyer acknowledges a fully executed copy of this agreement and accepts Counter Proposal as set out above,if any.
DATE: BUYER:
UNIFORM COMMERCIAL PURCHASE AGREEMENT 11/11/11
•
•
Page 1 of 23, 1/11/2012 2:50:09 PM, Bid Tabulation, Generated by:guygerhard for project OPW 51892
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Respectfully submitted, proved:
BAOL,L3e44AL
1 'a31a
Brook Bench, Acting Director Date Human Rights &Relations Date
Parks, Recreation and
Public Property Depaitiuent
Subscribed in my p ••-• sworn too • •fore
blinker's Ass c$S • 0 me this / 7th /day of
• CG 11RES 12
• i dffional Gees $ u_ • / . AO
414 •Stei 6, 0 Notary Pub!' �'��. f f i g Pa-nty,
on to
1303.
1304.
1305.
1400.TOTAL SETTLEMENT CHARGES (Enter on Lines 103,Section J and 502,Section K) 44,262.00
By sipring page 1 a trio statement,the signatories ackroMedge recap of a competed copy 01 papa 2 of Ns too page statement.
Cornhusker Land Title Company,Settlement Agent
Certified to be a true copy.
•
•
•
•
(10-409E8/10-40958/40)
sments to 512.Assessments to
213. 513.
214. 514.
215. 515.
216. 516.
217. 517.
218. 518.
219. 519.
220. TOTAL PAID BY/FOR BORROWER 702,262.00 520. TOTAL REDUCTION AMOUNT DUE SELLER
300. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER:
301. Gross Amount Due From Borrower(Line 120) 702,262.00 601. Gross Amount Due To Seller(Line 420) 658,000.00
302. Less Amount Paid By/For Borrower(Line 220) ( 702,262.00) 602. Less Reductions Due Seller(Line 520) ( )
303. CASH( FROM)( TO)BORROWER 0.00 603. CASH(X TO)( FROM)SELLER 658,000.00
The undersigned hereby acknowledge receipt of a completed copy of pages 182 of this statement&any attachments referred to herein.
Borrower Seller
K.J.WOLFE,LLC THE Y OF ftFrA
BY: lit„
uster Brown, City Clark L
te of Occupancy/conditional Use Permit:Buyer must be able to obtain a*Conditional Use°Permit or and/or any other permit required for business
operation. This permit shall be obtained thru the City of Omaha Planning Board. Buyer will submit all necessary applications before the December 7th,2011
deadline•for January's agenda. If the proper permit cannot be obtained for their use,Buyer shall notify Seller within said thirty(30)days of the proper permit denial
and the offer shall be null and void and the Deposit returned to the Seller within ten(10)days of written notice.
d)ALTA Survey:Seller to provide at his expense an ALTA Survey Report for the premises.
8. Taxes:
® Urban Taxes: All consolidated real estate taxes which become delinquent in the year in which closing takes place shall be treated as though
all are current taxes, and those taxes shall be prorated as of date of closing,and all prior years'taxes, interest, and other charges, if any, will be paid by
Seller.
0 Rural Taxes: All consolidated real estate taxes for the year in which closing takes place(based on current assessment and tax rate)shall be
prorated as of date of closing,and Seller shall,also,pay all prior years'taxes,interest,and other charges.
9. Rents,Deposit and Leases,if Rented: Any tenant deposits and leases shall be assigned to Buyer at no cost. All collected rents shall be prorated to date
of closing. Copies of all current leases shall be provided to the Buyer at the time of closing.
1 .
11. Conveyance of Title: Seller shall furnish a current title insurance commitment to Buyer as soon as practical. if title defects are found,Seller must cure them
within a reasonable time. If title defects are not cured within a reasonable time period,the Buyer may rescind this agreement and the Deposit shall be refunded.
Approximate closing date to be February 13th,_2012,and possession of profits shall be delivered at closing. The costs of an Owner's title insurance policy shall
be equally divided between Buyer and Seller.
12. Escrow Closing: Buyer and Seller acknowledge and understand that the closing of the sale may be handled by an Escrow Agent and that the Broker is
authorized to transfer the Deposit or any other funds it receives to said Escrow Agent. After said transfer,Broker shall have no further responsibility or liability to
Buyer or Seller for the accounting for said funds. Escrow Agent's charge for the escrow closing shall be equally divided between Buyer and Seller.
13. State Documentary Tax: The State documentary Tax on the deed Shall be paid by the Seller.
UNIFORM COMMERCIAL PURCHASE AGREEMENT 11/11/11
AGREEMENT
Vending Concessions—Various Locations
THIS AGREEMENT is hereby made and entered into this 12th day of January, 2012 by and between the
City of Omaha, a municipal corporation organized and existing under.the laws of the State of Nebraska,
(hereinafter referred to as"City) and Bottling Group LLC, a Delaware limited liability company,with its
affiliates and/or respective subsidiaries collectively comprising Pepsi Beverages Company (hereinafter
referred to as"Vendor").
IT IS AGREED by and between the parties as follows:
SECTION 1
PURPOSE
To establish an exclusive agreement for Beverages at the City's Recreational Facilities and Golf Courses,
(hereinafter referred to as"Facilities"),to supply and deliver Postmix and Equipment,Packaged Products,
and Vending Machines to the various Facilities detailed in Section 3 of this agreement. During the Term
of this Agreement,Vendor shall have the exclusive right to make all Beverages for sale and distribution at
the Facilities, and the Product shall be the exclusive Beverage of their respective types sold, dispensed or
otherwise made available, or in any way advertised,represented or promoted at or in connection with the
Facilities by any method or through any medium whatsoever (including without limitation print,
broadcast, direct mail, coupons, handbills, displays or signage), whether public or private. The parties
acknowledge and agree that the City sells the following beverage products at concession stands and that
such beverage products shall not be considered a breach of the exclusivity of this Agreement: Arizona
Iced Tea, Ideal Pure Water, Campbell Tomato Juice, Florida's Natural Orange Juice, Florida's Natural
Cranberry Juice,Nestle Hot Chocolate,Muscle Milk,Pure Pro drinks.
SECTION 2
DEFINITIONS
"Beverage"or`Beverages"means all carbonated and non-carbonated,non-alcoholic drinks,including but
not limited to, (i) colas and other flavored carbonated drinks; (ii) fruit juice, fruit juice containing and
fruit flavored drinks; (iii) chilled coffee drinks; (iv) chilled tea products; (v) hypertonic, isotonic and
hypotonic drinks (sports drinks and fluid replacements); (vi) energy drinks, (vii) bottled or canned water
whether carbonated or still (spring, mineral or purified), and (viii) any future categories of nonalcoholic
beverage products that may be distributed by Vendor.
"Cases" shall mean the number of cases of Packaged Products purchased by the City from Vendor,
initially delivered in quantities of 24, 15, and 12 bottle/can units, and thereafter in such other size,
quantity and type of containers as determined by Vendor, from time to time.
"Equipment"means the following types of equipment owned and operated by Vendor and used to sell or
dispense the Product: (1)full service vending machines("Vending Machines"); and(2)retail single-serve
food service equipment. Title to all Equipment shall remain vested in Vendor or its affiliate and all such
Equipment shall be returned to Vendor upon expiration or earlier termination of the Agreement.
1
PAID BY/FOR BORROWER 702,262.00 520. TOTAL REDUCTION AMOUNT DUE SELLER
300. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER:
301. Gross Amount Due From Borrower(Line 120) 702,262.00 601. Gross Amount Due To Seller(Line 420) 658,000.00
302. Less Amount Paid By/For Borrower(Line 220) ( 702,262.00) 602. Less Reductions Due Seller(Line 520) ( )
303. CASH( FROM)( TO)BORROWER 0.00 603. CASH(X TO)( FROM)SELLER 658,000.00
The undersigned hereby acknowledge receipt of a completed copy of pages 182 of this statement&any attachments referred to herein.
Borrower Seller
K.J.WOLFE,LLC THE Y OF ftFrA
BY: lit„
uster Brown, City Clark L
te of Occupancy/conditional Use Permit:Buyer must be able to obtain a*Conditional Use°Permit or and/or any other permit required for business
operation. This permit shall be obtained thru the City of Omaha Planning Board. Buyer will submit all necessary applications before the December 7th,2011
deadline•for January's agenda. If the proper permit cannot be obtained for their use,Buyer shall notify Seller within said thirty(30)days of the proper permit denial
and the offer shall be null and void and the Deposit returned to the Seller within ten(10)days of written notice.
d)ALTA Survey:Seller to provide at his expense an ALTA Survey Report for the premises.
8. Taxes:
® Urban Taxes: All consolidated real estate taxes which become delinquent in the year in which closing takes place shall be treated as though
all are current taxes, and those taxes shall be prorated as of date of closing,and all prior years'taxes, interest, and other charges, if any, will be paid by
Seller.
0 Rural Taxes: All consolidated real estate taxes for the year in which closing takes place(based on current assessment and tax rate)shall be
prorated as of date of closing,and Seller shall,also,pay all prior years'taxes,interest,and other charges.
9. Rents,Deposit and Leases,if Rented: Any tenant deposits and leases shall be assigned to Buyer at no cost. All collected rents shall be prorated to date
of closing. Copies of all current leases shall be provided to the Buyer at the time of closing.
1 .
11. Conveyance of Title: Seller shall furnish a current title insurance commitment to Buyer as soon as practical. if title defects are found,Seller must cure them
within a reasonable time. If title defects are not cured within a reasonable time period,the Buyer may rescind this agreement and the Deposit shall be refunded.
Approximate closing date to be February 13th,_2012,and possession of profits shall be delivered at closing. The costs of an Owner's title insurance policy shall
be equally divided between Buyer and Seller.
12. Escrow Closing: Buyer and Seller acknowledge and understand that the closing of the sale may be handled by an Escrow Agent and that the Broker is
authorized to transfer the Deposit or any other funds it receives to said Escrow Agent. After said transfer,Broker shall have no further responsibility or liability to
Buyer or Seller for the accounting for said funds. Escrow Agent's charge for the escrow closing shall be equally divided between Buyer and Seller.
13. State Documentary Tax: The State documentary Tax on the deed Shall be paid by the Seller.
UNIFORM COMMERCIAL PURCHASE AGREEMENT 11/11/11
"Packaged Products" shall mean Beverages that are distributed in pre-packaged form (e.g., bottles and
cans). A current list of Vendor's Packaged Products is listed in attached Exhibit B which may be
amended by Vendor from time to time.
"Products" shall mean Packaged Products manufactured,bottled, sold and/or distributed by Vendor.
SECTION 3
TERM
The Agreement period will be for one(1)year commencing on January 1,2012 and ending December 31,
2012. The Agreement may be extended upon mutual agreement of the parties with the same terms, and
conditions for three (3) additional one (1) year periods (each, a "Renewal Term"). The parties will
determine whether to extend the contract by November 1 of each year.
SECTION 4
FACILITIES
Golf Courses—Concession Stands:
• Johnny Goodman Golf Course,6111 South 99'h Street
• Benson Golf Course,5333 North 72nd Street
• Elmwood Golf Course, 6232 Pacific Street
• Spring Lake Golf Course,4020 Hoctor Blvd.
• Warren Swigart Golf Course,3865 Parkview Drive
• Westwood Heights Golf Course, 12929 West Center Road
Community Centers—Vending Machines:
• Adams Park Community Center,3230 John A.Creighton Blvd.
• A.V. Sorensen Community Center,4808 Cass Street
• Benson Community Center,6008 Maple Street
• Camelot Community Center,9270 Cady Avenue
• Christie Heights Community Center,5105 S. 37"'Street
• Columbus Park Community Center, 1515 South 24th Street
• Florence Community Center,2920 Bondesson Street
• Mockingbird Hills Community Center, 10242 Mockingbird Drive
• Montclair Community Center,2304 South 135th Avenue
• Pipal Park Community Center,7770 Hascall Street
• Saddlebrook Community Center, 14850 Laurel Avenue
• Sherman Community Center,5701 North 16`h Street
• Hanscom/Brandeis Tennis Center,3220 Ed Creighton Blvd. (Open October—March)
• Koch Tennis Center, 12440 West Maple Road(open April—September)
Community Centers—Concession Stands:
• Common Ground, 1701 Veterans Drive
Ice Rinks—Concession Stands:
2
canned water
whether carbonated or still (spring, mineral or purified), and (viii) any future categories of nonalcoholic
beverage products that may be distributed by Vendor.
"Cases" shall mean the number of cases of Packaged Products purchased by the City from Vendor,
initially delivered in quantities of 24, 15, and 12 bottle/can units, and thereafter in such other size,
quantity and type of containers as determined by Vendor, from time to time.
"Equipment"means the following types of equipment owned and operated by Vendor and used to sell or
dispense the Product: (1)full service vending machines("Vending Machines"); and(2)retail single-serve
food service equipment. Title to all Equipment shall remain vested in Vendor or its affiliate and all such
Equipment shall be returned to Vendor upon expiration or earlier termination of the Agreement.
1
PAID BY/FOR BORROWER 702,262.00 520. TOTAL REDUCTION AMOUNT DUE SELLER
300. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER:
301. Gross Amount Due From Borrower(Line 120) 702,262.00 601. Gross Amount Due To Seller(Line 420) 658,000.00
302. Less Amount Paid By/For Borrower(Line 220) ( 702,262.00) 602. Less Reductions Due Seller(Line 520) ( )
303. CASH( FROM)( TO)BORROWER 0.00 603. CASH(X TO)( FROM)SELLER 658,000.00
The undersigned hereby acknowledge receipt of a completed copy of pages 182 of this statement&any attachments referred to herein.
Borrower Seller
K.J.WOLFE,LLC THE Y OF ftFrA
BY: lit„
uster Brown, City Clark L
te of Occupancy/conditional Use Permit:Buyer must be able to obtain a*Conditional Use°Permit or and/or any other permit required for business
operation. This permit shall be obtained thru the City of Omaha Planning Board. Buyer will submit all necessary applications before the December 7th,2011
deadline•for January's agenda. If the proper permit cannot be obtained for their use,Buyer shall notify Seller within said thirty(30)days of the proper permit denial
and the offer shall be null and void and the Deposit returned to the Seller within ten(10)days of written notice.
d)ALTA Survey:Seller to provide at his expense an ALTA Survey Report for the premises.
8. Taxes:
® Urban Taxes: All consolidated real estate taxes which become delinquent in the year in which closing takes place shall be treated as though
all are current taxes, and those taxes shall be prorated as of date of closing,and all prior years'taxes, interest, and other charges, if any, will be paid by
Seller.
0 Rural Taxes: All consolidated real estate taxes for the year in which closing takes place(based on current assessment and tax rate)shall be
prorated as of date of closing,and Seller shall,also,pay all prior years'taxes,interest,and other charges.
9. Rents,Deposit and Leases,if Rented: Any tenant deposits and leases shall be assigned to Buyer at no cost. All collected rents shall be prorated to date
of closing. Copies of all current leases shall be provided to the Buyer at the time of closing.
1 .
11. Conveyance of Title: Seller shall furnish a current title insurance commitment to Buyer as soon as practical. if title defects are found,Seller must cure them
within a reasonable time. If title defects are not cured within a reasonable time period,the Buyer may rescind this agreement and the Deposit shall be refunded.
Approximate closing date to be February 13th,_2012,and possession of profits shall be delivered at closing. The costs of an Owner's title insurance policy shall
be equally divided between Buyer and Seller.
12. Escrow Closing: Buyer and Seller acknowledge and understand that the closing of the sale may be handled by an Escrow Agent and that the Broker is
authorized to transfer the Deposit or any other funds it receives to said Escrow Agent. After said transfer,Broker shall have no further responsibility or liability to
Buyer or Seller for the accounting for said funds. Escrow Agent's charge for the escrow closing shall be equally divided between Buyer and Seller.
13. State Documentary Tax: The State documentary Tax on the deed Shall be paid by the Seller.
UNIFORM COMMERCIAL PURCHASE AGREEMENT 11/11/11
• Motto McLean Ice Arena,5015 South 45th Street (Concession Stand)
Outdoor Swimming Pools—Vending Machines:
Pool season is June—Mid August, weather permitting. Vending Machines will be delivered prior to
pool season and removed after the season. City shall give Vendor fifteen(15) days written notice of
the beginning of each pool season so that Vendor can ensure Vending Machines are delivered prior to
the pool season.
• Cryer Pool, 11783 Cryer Avenue
• Deer Ridge Pool, 585 South 126th Street
• Elkhorn Outdoor Pool,3200 North 207th Street
• Elmwood Park Pool, 606 South Happy Hollow Blvd.
• Gallagher Park Pool,2936 North 52nd Street
• Hanscom Park Pool, 3110 Ed Creighton Avenue
• Hitchcock Park Pool,5005 South 45"'Street
• Karen Park Pool,6288"H"Street
• Lee Valley Pool, 10605 Charles Street
• Miller Park Pool,2727 Redick Avenue
• Oak Heights Pool, 10205 "U"Street
• Roanoke Pool,4747 North 113 Street
• Spring Lake Park Pool,4020 Hoctor Blvd.
• Zorinsky Pool,3808 S. 156th Street
SECTION 5
RIGHTS,DUTIES AND OBLIGATIONS OF CITY
1. The City agrees to provide access to the Facilities to permit Vendor to supply services and
maintain its Vending Machines and Equipment and to provide the Products offered for sale
therein. The parties acknowledge and agree that access to the Facilities shall be restricted to a
schedule mutually determined by the parties. The City acknowledges and agrees that Vendor
may be permitted to access the Facilities from time to time if emergency repair is needed for any
Equipment or upon request of the City to provide additional Products.
2. City of Omaha reserves the right to supply golfers on public golf courses with golf scorecards
and/or pencils from previous inventories when supplies of new golf scorecards and/or pencils are
being printed or otherwise unavailable.
3. The City reserves the right to select the flavors and name brands from among those offered by
Vendor,provided however,that the City shall not materially restrict the Vendor from selling the
Core Brands (as hereinafter defined) over the Term. The"Core Brands"are Pepsi, Diet Pepsi,
Pepsi Max,Mountain Dew,Diet Mountain Dew and Sierra Mist.
4. City reserves the right to add or remove any location upon written notification to the Vendor.
Upon written notification of the addition or removal of any location,Vendor shall have the right
to place additional Equipment or to remove Equipment and such placing or removing of
Equipment shall not be deemed trespassing, The actual type of Vending Machines at the
Facilities shall be based on the Vendor's determination of the City's reasonable needs and is
subject to availability. Vendor shall have the right to replace or remove Vending Machines at
any time during the Term or any Renewal Term, as determined by Vendor, based on Vendor's
3
1
PAID BY/FOR BORROWER 702,262.00 520. TOTAL REDUCTION AMOUNT DUE SELLER
300. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER:
301. Gross Amount Due From Borrower(Line 120) 702,262.00 601. Gross Amount Due To Seller(Line 420) 658,000.00
302. Less Amount Paid By/For Borrower(Line 220) ( 702,262.00) 602. Less Reductions Due Seller(Line 520) ( )
303. CASH( FROM)( TO)BORROWER 0.00 603. CASH(X TO)( FROM)SELLER 658,000.00
The undersigned hereby acknowledge receipt of a completed copy of pages 182 of this statement&any attachments referred to herein.
Borrower Seller
K.J.WOLFE,LLC THE Y OF ftFrA
BY: lit„
uster Brown, City Clark L
te of Occupancy/conditional Use Permit:Buyer must be able to obtain a*Conditional Use°Permit or and/or any other permit required for business
operation. This permit shall be obtained thru the City of Omaha Planning Board. Buyer will submit all necessary applications before the December 7th,2011
deadline•for January's agenda. If the proper permit cannot be obtained for their use,Buyer shall notify Seller within said thirty(30)days of the proper permit denial
and the offer shall be null and void and the Deposit returned to the Seller within ten(10)days of written notice.
d)ALTA Survey:Seller to provide at his expense an ALTA Survey Report for the premises.
8. Taxes:
® Urban Taxes: All consolidated real estate taxes which become delinquent in the year in which closing takes place shall be treated as though
all are current taxes, and those taxes shall be prorated as of date of closing,and all prior years'taxes, interest, and other charges, if any, will be paid by
Seller.
0 Rural Taxes: All consolidated real estate taxes for the year in which closing takes place(based on current assessment and tax rate)shall be
prorated as of date of closing,and Seller shall,also,pay all prior years'taxes,interest,and other charges.
9. Rents,Deposit and Leases,if Rented: Any tenant deposits and leases shall be assigned to Buyer at no cost. All collected rents shall be prorated to date
of closing. Copies of all current leases shall be provided to the Buyer at the time of closing.
1 .
11. Conveyance of Title: Seller shall furnish a current title insurance commitment to Buyer as soon as practical. if title defects are found,Seller must cure them
within a reasonable time. If title defects are not cured within a reasonable time period,the Buyer may rescind this agreement and the Deposit shall be refunded.
Approximate closing date to be February 13th,_2012,and possession of profits shall be delivered at closing. The costs of an Owner's title insurance policy shall
be equally divided between Buyer and Seller.
12. Escrow Closing: Buyer and Seller acknowledge and understand that the closing of the sale may be handled by an Escrow Agent and that the Broker is
authorized to transfer the Deposit or any other funds it receives to said Escrow Agent. After said transfer,Broker shall have no further responsibility or liability to
Buyer or Seller for the accounting for said funds. Escrow Agent's charge for the escrow closing shall be equally divided between Buyer and Seller.
13. State Documentary Tax: The State documentary Tax on the deed Shall be paid by the Seller.
UNIFORM COMMERCIAL PURCHASE AGREEMENT 11/11/11
polices and standards regarding its Vending Machines, as such policies and procedures are
communicated to the City by Vendor from time to time. Notwithstanding the foregoing,Vendor
additionally reserves the right to request the removal or relocation of any glass front Vending
Machine that sells less than eight(8)Cases of Product per week and any other Vending Machine
that sells less than two (2) Cases of Product per week. Vendor reserves the absolute right to
remove or relocate any Vending Machine that is subject to repeated vandalism.
5. The City shall purchase, and shall cause the purchasing representative from each of the Facilities
to purchase,Products directly from the Vendor at the prices established by the Vendor from time
to time. The current pricing list is set forth on Exhibit B.
SECTION 6
RIGHTS,DUTIES AND OBLIGATIONS OF VENDOR
Vendor agrees to:
1. Supply straws,cups,and lids at no additional cost in at least four cup sizes comparable to: 20 oz.,
21 oz.,24 oz., and 32 oz.
2. Vendor shall own all Equipment.
3. Provide all necessary dispensing Equipment. Each location must be capable of dispensing at least
four (4) different flavors of soft drink. The Equipment shall be exclusively used to display or
merchandise the Products, and the City shall not use the Equipment to display, stock, advertise,
sell or maintain any other products(including on the exterior of the Equipment).
4. Shall be responsible for furnishing, installing, and maintaining the Equipment during the entire
Term of the Agreement,and any renewal Term thereafter.
5. Have first right or option to purchase advertising space on City of Omaha Golf scorecards and/or
pencils, if said vendor so desires and if it is determined by the City that such advertising is
permitted.
6. Have the option of providing and maintaining three (3) beverage carts, with advertising on the
carts,at no additional cost to the City.
7. Provide sufficient coolers, as needed, to each of the following locations at no additional cost to
the City: All Golf Courses,Community Centers,and Motto McLean Ice Arena.
8. Supply the requested number of automatic Vending Machines with locking cash receipt box, a
tamper proof counter on each,plus additional Vending Machines as needed.
9. Provide Vending Machines equipped with warning stickers discouraging consumers from rocking
Vending Machines.
10. Provide a coin/bill changer on all Vending Machines.
11. Stock Vending Machines and coin/bill changers on a weekly basis, or as needed.
12. Except as is reasonably attributable to the acts or omissions of Vendor's personnel or other
contractors, Vendor shall bear the risk of loss to the Vending Machines and any Products or
monies contained therein from theft or vandalism while the Vending Machines are placed at the
Facilities, provided, however, that in the event of repeated or significant theft, vandalism,
destruction or loss, without limitation,Vendor shall specifically have the right to remove or move
any Vending Machines.
4
T SETTLEMENT TO/FROM SELLER:
301. Gross Amount Due From Borrower(Line 120) 702,262.00 601. Gross Amount Due To Seller(Line 420) 658,000.00
302. Less Amount Paid By/For Borrower(Line 220) ( 702,262.00) 602. Less Reductions Due Seller(Line 520) ( )
303. CASH( FROM)( TO)BORROWER 0.00 603. CASH(X TO)( FROM)SELLER 658,000.00
The undersigned hereby acknowledge receipt of a completed copy of pages 182 of this statement&any attachments referred to herein.
Borrower Seller
K.J.WOLFE,LLC THE Y OF ftFrA
BY: lit„
uster Brown, City Clark L
te of Occupancy/conditional Use Permit:Buyer must be able to obtain a*Conditional Use°Permit or and/or any other permit required for business
operation. This permit shall be obtained thru the City of Omaha Planning Board. Buyer will submit all necessary applications before the December 7th,2011
deadline•for January's agenda. If the proper permit cannot be obtained for their use,Buyer shall notify Seller within said thirty(30)days of the proper permit denial
and the offer shall be null and void and the Deposit returned to the Seller within ten(10)days of written notice.
d)ALTA Survey:Seller to provide at his expense an ALTA Survey Report for the premises.
8. Taxes:
® Urban Taxes: All consolidated real estate taxes which become delinquent in the year in which closing takes place shall be treated as though
all are current taxes, and those taxes shall be prorated as of date of closing,and all prior years'taxes, interest, and other charges, if any, will be paid by
Seller.
0 Rural Taxes: All consolidated real estate taxes for the year in which closing takes place(based on current assessment and tax rate)shall be
prorated as of date of closing,and Seller shall,also,pay all prior years'taxes,interest,and other charges.
9. Rents,Deposit and Leases,if Rented: Any tenant deposits and leases shall be assigned to Buyer at no cost. All collected rents shall be prorated to date
of closing. Copies of all current leases shall be provided to the Buyer at the time of closing.
1 .
11. Conveyance of Title: Seller shall furnish a current title insurance commitment to Buyer as soon as practical. if title defects are found,Seller must cure them
within a reasonable time. If title defects are not cured within a reasonable time period,the Buyer may rescind this agreement and the Deposit shall be refunded.
Approximate closing date to be February 13th,_2012,and possession of profits shall be delivered at closing. The costs of an Owner's title insurance policy shall
be equally divided between Buyer and Seller.
12. Escrow Closing: Buyer and Seller acknowledge and understand that the closing of the sale may be handled by an Escrow Agent and that the Broker is
authorized to transfer the Deposit or any other funds it receives to said Escrow Agent. After said transfer,Broker shall have no further responsibility or liability to
Buyer or Seller for the accounting for said funds. Escrow Agent's charge for the escrow closing shall be equally divided between Buyer and Seller.
13. State Documentary Tax: The State documentary Tax on the deed Shall be paid by the Seller.
UNIFORM COMMERCIAL PURCHASE AGREEMENT 11/11/11
SECTION 7
PAYMENT OF PERCENT OF GROSS RECEIPTS
In consideration of the rights granted by City hereunder,Vendor agrees to pay to City a commission, as a
percentage of the actual cash ("cash in bag" or"CIB") collected by Vendor from the Vending Machines
placed at the Facilities, less any applicable fees or deposits("Commissions"). Such Commissions shall be
at the rate set forth below(the"Commission Rate")and shall be calculated as follows:
(CIB—applicable fees/deposits)* Commission Rate=Commission due
Product Minimum Vend Price Commission Rate*
20oz Carbonated Soft Drinks $1,50 35%
20oz Gatorade and Sports Drinks $1.50 35%
20oz Aquafina Water $1.50 35%
*Commission Rate stated above shall only apply to Products sold by Vendor through its Vending
Machines at the beginning of the Term. If Vendor proposes any new products to the City during the
Term, then Vendor shall have the right to apply a different Commission Rate and/or Minimum Vend
Price for such new product.
(a) Commission Payment. Commissions shall be remitted by Vendor to the City
within 30 days of the end of each 4-week accounting period established by Vendor.
Vendor shall provide all pertinent revenue and sales records respecting the Vending
Machines to City. City agrees that it is responsible for reviewing such records and that
any claim or dispute relating to the Commissions must be brought by City in writing
within one year of the date such Commissions payment is due. City further acknowledges
and agrees that it shall not receive any commission payment from Vendor if
Commissions fail to reach a certain threshold amount per period or quarter. The current
applicable threshold amount is Fifty Dollars($50)per 4-week accounting period and will
be established and communicated pursuant to Vendor's polices and procedures related to
its Full Service Vending business,as may be revised by Vendor from time to time.
(b) Change to Commission Rate. City acknowledges and agrees that Vendor
established the Commission Rate based on then-current applicable fees/taxes associated
with the sale of the Products through the Vending Machines as of the commencement
date of this Agreement. Therefore, City hereby agrees that if there are any
additional/incremental taxes (sales,excise or other) or fees imposed on the Products sold
through such Vending Machines during the Term, then Vendor shall be authorized and
shall have the right to automatically adjust its Commissions in a manner appropriate, as
reasonably determined by Vendor (e.g., by reducing the Commissions paid or the
Commissions Rate by the appropriate amount), to recoup such additional/incremental
• taxes or fees. Vendor shall use commercially reasonable efforts to promptly notify City
of any such adjustments.
(c) Vend Price. The minimum vend price necessary for City to qualify for any
Commissions is set forth above. Vendor shall have the absolute right, at its sole
discretion, to change such vend prices as it deems appropriate in light of cost of goods
increases or to otherwise stay reasonably competitive with applicable vending prices for
similar accounts operating in the relative geography.
5
ss Reductions Due Seller(Line 520) ( )
303. CASH( FROM)( TO)BORROWER 0.00 603. CASH(X TO)( FROM)SELLER 658,000.00
The undersigned hereby acknowledge receipt of a completed copy of pages 182 of this statement&any attachments referred to herein.
Borrower Seller
K.J.WOLFE,LLC THE Y OF ftFrA
BY: lit„
uster Brown, City Clark L
te of Occupancy/conditional Use Permit:Buyer must be able to obtain a*Conditional Use°Permit or and/or any other permit required for business
operation. This permit shall be obtained thru the City of Omaha Planning Board. Buyer will submit all necessary applications before the December 7th,2011
deadline•for January's agenda. If the proper permit cannot be obtained for their use,Buyer shall notify Seller within said thirty(30)days of the proper permit denial
and the offer shall be null and void and the Deposit returned to the Seller within ten(10)days of written notice.
d)ALTA Survey:Seller to provide at his expense an ALTA Survey Report for the premises.
8. Taxes:
® Urban Taxes: All consolidated real estate taxes which become delinquent in the year in which closing takes place shall be treated as though
all are current taxes, and those taxes shall be prorated as of date of closing,and all prior years'taxes, interest, and other charges, if any, will be paid by
Seller.
0 Rural Taxes: All consolidated real estate taxes for the year in which closing takes place(based on current assessment and tax rate)shall be
prorated as of date of closing,and Seller shall,also,pay all prior years'taxes,interest,and other charges.
9. Rents,Deposit and Leases,if Rented: Any tenant deposits and leases shall be assigned to Buyer at no cost. All collected rents shall be prorated to date
of closing. Copies of all current leases shall be provided to the Buyer at the time of closing.
1 .
11. Conveyance of Title: Seller shall furnish a current title insurance commitment to Buyer as soon as practical. if title defects are found,Seller must cure them
within a reasonable time. If title defects are not cured within a reasonable time period,the Buyer may rescind this agreement and the Deposit shall be refunded.
Approximate closing date to be February 13th,_2012,and possession of profits shall be delivered at closing. The costs of an Owner's title insurance policy shall
be equally divided between Buyer and Seller.
12. Escrow Closing: Buyer and Seller acknowledge and understand that the closing of the sale may be handled by an Escrow Agent and that the Broker is
authorized to transfer the Deposit or any other funds it receives to said Escrow Agent. After said transfer,Broker shall have no further responsibility or liability to
Buyer or Seller for the accounting for said funds. Escrow Agent's charge for the escrow closing shall be equally divided between Buyer and Seller.
13. State Documentary Tax: The State documentary Tax on the deed Shall be paid by the Seller.
UNIFORM COMMERCIAL PURCHASE AGREEMENT 11/11/11
•
SECTION 8
RECORDS
Vendor agrees to prepare, keep and maintain records for a four (4) year period, necessary to determine
that Vendor was in compliance with the terms of this Agreement. City shall have the right to audit and
examine such non-confidential/non-propriety records directly related to these Facilities during usual
business hours upon reasonable advance notice to Vendor.
SECTION 9
PERFORMANCE BOND
Vendor shall furnish, execute and deliver to the City a cash deposit, certificate of deposit,United States
government bond (negotiable) or performance, payment and maintenance bond, subject to approval as to
form by the City Attorney, with a surety company authorized to do business in the State of Nebraska as a
surety, in the amount of $50,000 conditioned upon the faithful performance of all conditions and
covenants contained in the Agreement.This security instrument shall be provided within 30 days of being
notified that Vendor is the recommended Vendor and shall remain in effect throughout the term of the
Agreement.
SECTION 10
INDEMNIFICATION AND INSURANCE
Indemnification: Vendor will indemnify and hold the City harmless from any and all suits, actions,
claims, demands, losses, costs, damages, liabilities, fines, expenses and penalties (including reasonable
attorneys' fees) arising out of: (i) its breach of any term or condition of this Agreement; (ii) product
liability suits resulting from the use or consumption of the Products; and/or(iii)the negligence or willful
misconduct of Vendor. The City will indemnify and hold Vendor, its subsidiaries, affiliates or assigns
harmless from and against any and all suits, actions, claims, demands, losses, costs, damages, liabilities,
fines, expenses and penalties (including reasonable attorneys' fees) arising out of: (i) its breach of any
term or condition of this Agreement; and/or(ii)the negligence or willful misconduct of the City. Vendor
and the City shall give prompt and timely notice of any claim made or suit instituted which, in any way,
directly or indirectly,contingently or otherwise,affects or might affect either party.
Workers Compensation Insurance: The Vendor shall take out and maintain during the life of the
Contract, insurance for.all of their employees employed at the site of project protecting the Vendor from
all liability that my be imposed under the Worker's Compensation Act, the Occupational Disease Act or
other legislation of similar nature.
Liability Insurance: Vendor must procure and maintain in effect during the term of this Agreement,
with companies licensed to do business in the State of Nebraska,public liability insurance with at minimum,
policy limits of$1,000,000/$5,000,000 for bodily injury or death and property damage. The City shall be an
additional insured. A certified copy of the policy or a certificate evidencing the existence thereof shall be
delivered to the City Parks, Recreation and Public Property Director. Each such copy shall contain a valid
provision or endorsement that the policy may not be cancelled,terminated or materially changed or modified
without endeavoring to give thirty(30)days written advance notice thereof to the City.
SECTION 11
INDEPENDENT CONTRACTOR
Any and all acts that Vendor or its personnel, employees, agents, contractors, or servants, perform in
providing the services shall be undertaken as independent contractors and not as employees of the City.
6
ler(Line 520) ( )
303. CASH( FROM)( TO)BORROWER 0.00 603. CASH(X TO)( FROM)SELLER 658,000.00
The undersigned hereby acknowledge receipt of a completed copy of pages 182 of this statement&any attachments referred to herein.
Borrower Seller
K.J.WOLFE,LLC THE Y OF ftFrA
BY: lit„
uster Brown, City Clark L
te of Occupancy/conditional Use Permit:Buyer must be able to obtain a*Conditional Use°Permit or and/or any other permit required for business
operation. This permit shall be obtained thru the City of Omaha Planning Board. Buyer will submit all necessary applications before the December 7th,2011
deadline•for January's agenda. If the proper permit cannot be obtained for their use,Buyer shall notify Seller within said thirty(30)days of the proper permit denial
and the offer shall be null and void and the Deposit returned to the Seller within ten(10)days of written notice.
d)ALTA Survey:Seller to provide at his expense an ALTA Survey Report for the premises.
8. Taxes:
® Urban Taxes: All consolidated real estate taxes which become delinquent in the year in which closing takes place shall be treated as though
all are current taxes, and those taxes shall be prorated as of date of closing,and all prior years'taxes, interest, and other charges, if any, will be paid by
Seller.
0 Rural Taxes: All consolidated real estate taxes for the year in which closing takes place(based on current assessment and tax rate)shall be
prorated as of date of closing,and Seller shall,also,pay all prior years'taxes,interest,and other charges.
9. Rents,Deposit and Leases,if Rented: Any tenant deposits and leases shall be assigned to Buyer at no cost. All collected rents shall be prorated to date
of closing. Copies of all current leases shall be provided to the Buyer at the time of closing.
1 .
11. Conveyance of Title: Seller shall furnish a current title insurance commitment to Buyer as soon as practical. if title defects are found,Seller must cure them
within a reasonable time. If title defects are not cured within a reasonable time period,the Buyer may rescind this agreement and the Deposit shall be refunded.
Approximate closing date to be February 13th,_2012,and possession of profits shall be delivered at closing. The costs of an Owner's title insurance policy shall
be equally divided between Buyer and Seller.
12. Escrow Closing: Buyer and Seller acknowledge and understand that the closing of the sale may be handled by an Escrow Agent and that the Broker is
authorized to transfer the Deposit or any other funds it receives to said Escrow Agent. After said transfer,Broker shall have no further responsibility or liability to
Buyer or Seller for the accounting for said funds. Escrow Agent's charge for the escrow closing shall be equally divided between Buyer and Seller.
13. State Documentary Tax: The State documentary Tax on the deed Shall be paid by the Seller.
UNIFORM COMMERCIAL PURCHASE AGREEMENT 11/11/11
The City and Vendor shall each act in their individual capacities and not as agents, employees,partners,
joint venturers or associates of the other. An employee or agent of one shall not be deemed or construed
to be the employee or agent of the other for any purpose whatsoever. Neither Vendor nor its personnel,
employees, agents, contractors, or servants shall be entitled to any City benefits. The City shall not
provide any insurance coverage to Vendor or its employees including, but not limited to, workers'
compensation insurance. Vendor shall pay all wages, salaries and other amounts due its employees and
shall be responsible for all reports, obligations, and payments pertaining to social security taxation,
income tax withholding,workers'compensation,unemployment compensation,group insurance coverage,
collective bargaining agreements or any other such similar matters. Vendor shall have no authority to
bind the City by or with any contract or agreement,nor to impose any liability upon the City. All acts and
contracts of Vendor shall be in its own name and not in the name of the City, unless otherwise provided
herein.
SECTION 12
GENERAL CONDITIONS
1. Equal Employment Opportunity Clause: Annexed hereto as Exhibit"A" and made a part hereof
by reference are the equal employment provisions of this contract. Refusal by the contractor or
subcontractor to comply with any portion of this program as therein stated and described will subject
the offending party to any or all of the following penalties:
a) Withholding of all future payments under the involved contactors to the contractor in
violation until it is determined that the Contractor or subcontractor is in compliance with
the provisions of the contract;
b) Refusal of all future bids for any contractors with the City or any of its departments or
divisions until such time as the contractor or subcontractor demonstrates that he has
established and shall carry out the policies of the program as herein outlined.
2. Non-Discrimination: The Vendor shall not, in the performance of this Contract, discriminate or
permit discrimination in violation of federal or state laws or local ordinances because of race, color,
sex, age,political or religious opinions,affiliations or national origin.
3. Captions: Captions used in this contract are for convenience and are not used in the construction of
this contract.
4. Applicable Law: Parties to this Agreement shall conform to all existing and applicable City
ordinances, resolutions, state and local laws, federal laws, and all existing and applicable rules and
regulations. Nebraska law will govern the terms and the performance under this Agreement.
5. Interest of the City: Pursuant to section 8.05 of the Home Rule Charter, no elected official or any
officer or employee of the City shall have a financial interest, direct or indirect,in any City contract.
Any violation of this section with the knowledge of the person or corporation contracting with the
City shall render the contract voidable by the Mayor or City Council.
6. Interest of Vendor: The Vendor will covenant that it presently has no interest and shall not acquire
any interest, direct or indirect which would conflict with the performance of services required to be
performed under this Agreement; it further covenants that, in the performance of this Agreement,no
person having such interest shall be employed.
7
TO)( FROM)SELLER 658,000.00
The undersigned hereby acknowledge receipt of a completed copy of pages 182 of this statement&any attachments referred to herein.
Borrower Seller
K.J.WOLFE,LLC THE Y OF ftFrA
BY: lit„
uster Brown, City Clark L
te of Occupancy/conditional Use Permit:Buyer must be able to obtain a*Conditional Use°Permit or and/or any other permit required for business
operation. This permit shall be obtained thru the City of Omaha Planning Board. Buyer will submit all necessary applications before the December 7th,2011
deadline•for January's agenda. If the proper permit cannot be obtained for their use,Buyer shall notify Seller within said thirty(30)days of the proper permit denial
and the offer shall be null and void and the Deposit returned to the Seller within ten(10)days of written notice.
d)ALTA Survey:Seller to provide at his expense an ALTA Survey Report for the premises.
8. Taxes:
® Urban Taxes: All consolidated real estate taxes which become delinquent in the year in which closing takes place shall be treated as though
all are current taxes, and those taxes shall be prorated as of date of closing,and all prior years'taxes, interest, and other charges, if any, will be paid by
Seller.
0 Rural Taxes: All consolidated real estate taxes for the year in which closing takes place(based on current assessment and tax rate)shall be
prorated as of date of closing,and Seller shall,also,pay all prior years'taxes,interest,and other charges.
9. Rents,Deposit and Leases,if Rented: Any tenant deposits and leases shall be assigned to Buyer at no cost. All collected rents shall be prorated to date
of closing. Copies of all current leases shall be provided to the Buyer at the time of closing.
1 .
11. Conveyance of Title: Seller shall furnish a current title insurance commitment to Buyer as soon as practical. if title defects are found,Seller must cure them
within a reasonable time. If title defects are not cured within a reasonable time period,the Buyer may rescind this agreement and the Deposit shall be refunded.
Approximate closing date to be February 13th,_2012,and possession of profits shall be delivered at closing. The costs of an Owner's title insurance policy shall
be equally divided between Buyer and Seller.
12. Escrow Closing: Buyer and Seller acknowledge and understand that the closing of the sale may be handled by an Escrow Agent and that the Broker is
authorized to transfer the Deposit or any other funds it receives to said Escrow Agent. After said transfer,Broker shall have no further responsibility or liability to
Buyer or Seller for the accounting for said funds. Escrow Agent's charge for the escrow closing shall be equally divided between Buyer and Seller.
13. State Documentary Tax: The State documentary Tax on the deed Shall be paid by the Seller.
UNIFORM COMMERCIAL PURCHASE AGREEMENT 11/11/11
•
7, Merger: This contract shall not be merged into any other oral or written contract, lease or deed of
any type. This is the complete and full agreement of the parties.
8. 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 hereof
unless done in writing and signed by an authorized officer of the respective parties.
9. Approval of Amendments: The parties hereto acknowledge that, as of the date of the execution of
this agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment
to contracts or purchase which taken alone increases the original by prices as awarded (a) by ten
percent, if the original bid price is one hundred fifty thousand dollars ($150,000) or more, or(b)by
seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance
of the acceptance of any purchase in excess of such limits or the authorization of any additional work
in excess of such limits. However, neither contract nor purchase amendments will be split to avoid
advance approval of the City Council.
10. Strict Compliance: All provisions of this contract 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 for authorized representative.
11. Assignment: Neither Vendor nor City may assign its rights under this Agreement without the
express prior written consent of the other.
12. Termination: In addition to all other legal remedies available to the either party, either party may
cancel this agreement upon thirty (30) days' written notice should any one or more of the following
events occur:
a) If either party shall file a petition of bankruptcy; or if proceedings in bankruptcy shall be
instituted against it and it is thereafter adjudicated a bankrupt pursuant to proceedings; or if a
court shall take jurisdiction of either party and its assets pursuant to proceedings brought under
the provisions of any federal reorganization act; or if a received for either party's assets is
appointed; or if either party shall be divested of its rights, powers and privileges to provide the
sport identified herein by other operation of law.
b) If either party shall abandon and discontinue the provision of this Agreement.
c) If either party shall fail to perform,keep and observe any of the terms,provisions,covenants and
conditions contained herein to be performed,kept and observed by it.
d) If either party shall fail to abide by all applicable laws, ordinances, rules and regulations of the
United States, State of Nebraska,Douglas County,or the City of Omaha.
e) If either party shall fail to obtain any insurance,performance bond or indemnity required herein
or permit any such insurance,performance bond or indemnity to lapse of become void.
13. Force Majeure: Neither party shall be liable for any failure or delay in performance under this
Agreement(other than for delay in the payment of money due and payable herein)to the extent said
failures or delays are proximately caused an event of Force Majeure. "Force Majeure" is an event
beyond the reasonable control of either party which makes the performance impossible or so impractical
as reasonable to be considered impossible and includes, but not limited to, Act of God, war, terrorist
attack,riot,civil disorder, earthquake, nuclear accident, fire, explosion, flooding, water levels, or other
8
uster Brown, City Clark L
te of Occupancy/conditional Use Permit:Buyer must be able to obtain a*Conditional Use°Permit or and/or any other permit required for business
operation. This permit shall be obtained thru the City of Omaha Planning Board. Buyer will submit all necessary applications before the December 7th,2011
deadline•for January's agenda. If the proper permit cannot be obtained for their use,Buyer shall notify Seller within said thirty(30)days of the proper permit denial
and the offer shall be null and void and the Deposit returned to the Seller within ten(10)days of written notice.
d)ALTA Survey:Seller to provide at his expense an ALTA Survey Report for the premises.
8. Taxes:
® Urban Taxes: All consolidated real estate taxes which become delinquent in the year in which closing takes place shall be treated as though
all are current taxes, and those taxes shall be prorated as of date of closing,and all prior years'taxes, interest, and other charges, if any, will be paid by
Seller.
0 Rural Taxes: All consolidated real estate taxes for the year in which closing takes place(based on current assessment and tax rate)shall be
prorated as of date of closing,and Seller shall,also,pay all prior years'taxes,interest,and other charges.
9. Rents,Deposit and Leases,if Rented: Any tenant deposits and leases shall be assigned to Buyer at no cost. All collected rents shall be prorated to date
of closing. Copies of all current leases shall be provided to the Buyer at the time of closing.
1 .
11. Conveyance of Title: Seller shall furnish a current title insurance commitment to Buyer as soon as practical. if title defects are found,Seller must cure them
within a reasonable time. If title defects are not cured within a reasonable time period,the Buyer may rescind this agreement and the Deposit shall be refunded.
Approximate closing date to be February 13th,_2012,and possession of profits shall be delivered at closing. The costs of an Owner's title insurance policy shall
be equally divided between Buyer and Seller.
12. Escrow Closing: Buyer and Seller acknowledge and understand that the closing of the sale may be handled by an Escrow Agent and that the Broker is
authorized to transfer the Deposit or any other funds it receives to said Escrow Agent. After said transfer,Broker shall have no further responsibility or liability to
Buyer or Seller for the accounting for said funds. Escrow Agent's charge for the escrow closing shall be equally divided between Buyer and Seller.
13. State Documentary Tax: The State documentary Tax on the deed Shall be paid by the Seller.
UNIFORM COMMERCIAL PURCHASE AGREEMENT 11/11/11
adverse weather conditions,strikes,or confiscation or any other action by any government which defeats
the ability to perform this agreement.
14. Representations and Warranties. Each of the parties to this Agreement represent and warrant that it
has the full right, power and authority to enter into, and perform its obligations under this Agreement
and that the terms and conditions of this Agreement shall not violate,interfere with or infringe upon the
rights of any third parties pursuant to written agreement or otherwise. Each party further represents that
it has obtained all the necessary approvals and has complied with all the laws, ordinances, codes, rules
and regulations relating to its entering into his Agreement and its performance hereunder.
15. Authorized Representative: In further consideration of the mutual covenants herein contained,the
parties hereto expressly agree that for purposes of notice, including legal service of process, during
the term of this contract and for the period of any applicable statue of limitations thereafter, the
following named individuals shall be authorized representatives of the parties:
City of Omaha: Bottling Group LLC:
Brook Bench, Acting Director � �� �
8ieese> ia8ter
Parks,Recreation and \[
Public Property Department tfU 3 2 . �� 1
Omaha/Douglas Civic Center QryvA Ina N& jt ti
1819 Famam Street,Room 701
Omaha,Nebraska 68183
9
or change shall be made
except upon written direction for authorized representative.
11. Assignment: Neither Vendor nor City may assign its rights under this Agreement without the
express prior written consent of the other.
12. Termination: In addition to all other legal remedies available to the either party, either party may
cancel this agreement upon thirty (30) days' written notice should any one or more of the following
events occur:
a) If either party shall file a petition of bankruptcy; or if proceedings in bankruptcy shall be
instituted against it and it is thereafter adjudicated a bankrupt pursuant to proceedings; or if a
court shall take jurisdiction of either party and its assets pursuant to proceedings brought under
the provisions of any federal reorganization act; or if a received for either party's assets is
appointed; or if either party shall be divested of its rights, powers and privileges to provide the
sport identified herein by other operation of law.
b) If either party shall abandon and discontinue the provision of this Agreement.
c) If either party shall fail to perform,keep and observe any of the terms,provisions,covenants and
conditions contained herein to be performed,kept and observed by it.
d) If either party shall fail to abide by all applicable laws, ordinances, rules and regulations of the
United States, State of Nebraska,Douglas County,or the City of Omaha.
e) If either party shall fail to obtain any insurance,performance bond or indemnity required herein
or permit any such insurance,performance bond or indemnity to lapse of become void.
13. Force Majeure: Neither party shall be liable for any failure or delay in performance under this
Agreement(other than for delay in the payment of money due and payable herein)to the extent said
failures or delays are proximately caused an event of Force Majeure. "Force Majeure" is an event
beyond the reasonable control of either party which makes the performance impossible or so impractical
as reasonable to be considered impossible and includes, but not limited to, Act of God, war, terrorist
attack,riot,civil disorder, earthquake, nuclear accident, fire, explosion, flooding, water levels, or other
8
uster Brown, City Clark L
te of Occupancy/conditional Use Permit:Buyer must be able to obtain a*Conditional Use°Permit or and/or any other permit required for business
operation. This permit shall be obtained thru the City of Omaha Planning Board. Buyer will submit all necessary applications before the December 7th,2011
deadline•for January's agenda. If the proper permit cannot be obtained for their use,Buyer shall notify Seller within said thirty(30)days of the proper permit denial
and the offer shall be null and void and the Deposit returned to the Seller within ten(10)days of written notice.
d)ALTA Survey:Seller to provide at his expense an ALTA Survey Report for the premises.
8. Taxes:
® Urban Taxes: All consolidated real estate taxes which become delinquent in the year in which closing takes place shall be treated as though
all are current taxes, and those taxes shall be prorated as of date of closing,and all prior years'taxes, interest, and other charges, if any, will be paid by
Seller.
0 Rural Taxes: All consolidated real estate taxes for the year in which closing takes place(based on current assessment and tax rate)shall be
prorated as of date of closing,and Seller shall,also,pay all prior years'taxes,interest,and other charges.
9. Rents,Deposit and Leases,if Rented: Any tenant deposits and leases shall be assigned to Buyer at no cost. All collected rents shall be prorated to date
of closing. Copies of all current leases shall be provided to the Buyer at the time of closing.
1 .
11. Conveyance of Title: Seller shall furnish a current title insurance commitment to Buyer as soon as practical. if title defects are found,Seller must cure them
within a reasonable time. If title defects are not cured within a reasonable time period,the Buyer may rescind this agreement and the Deposit shall be refunded.
Approximate closing date to be February 13th,_2012,and possession of profits shall be delivered at closing. The costs of an Owner's title insurance policy shall
be equally divided between Buyer and Seller.
12. Escrow Closing: Buyer and Seller acknowledge and understand that the closing of the sale may be handled by an Escrow Agent and that the Broker is
authorized to transfer the Deposit or any other funds it receives to said Escrow Agent. After said transfer,Broker shall have no further responsibility or liability to
Buyer or Seller for the accounting for said funds. Escrow Agent's charge for the escrow closing shall be equally divided between Buyer and Seller.
13. State Documentary Tax: The State documentary Tax on the deed Shall be paid by the Seller.
UNIFORM COMMERCIAL PURCHASE AGREEMENT 11/11/11
EXECUTED this day of -Tiln IA a(--\ ,2012.
ATTFST: BOTTLING GROUP LLC
By k) eld`C/1
0dA
ess: i Printed Name:-.m i StC 1��
�. ilmo n Title:FOW SP VI N .Sotifs
EXECUTED this /57- day of .#4!/rG/__ ,2012.
ATTEST: CITY OF OMAHA, a Municipal Corporation
•
By
Ci Clerk of Omaha °.utt e, rror of the Ci y of Omaha
• APPROVED AS TO FORM:
Deputy ity Attorney
n
f'
10
es a fully executed copy of this agreement and accepts Counter Proposal as set out above,if any.
DATE: BUYER:
UNIFORM COMMERCIAL PURCHASE AGREEMENT 11/11/11
•
•
Page 1 of 23, 1/11/2012 2:50:09 PM, Bid Tabulation, Generated by:guygerhard for project OPW 51892
1" z rt -<co cu n � .
tt
EXHIBIT A-EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
During the performance of this contract,the Contractor agrees as follows:
1) The Contractor shall not discriminate against any employee or applicant for employment because of
race, religion, color, sex, national origin, or disability as defined by the Americans With Disabilities
Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to
ensure that applicants are employed and that employees are treated during employment without
regard to their race, religion, color, sex or national origin. The Contractor shall take all actions
necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code
(Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word
"treated" shall mean and include,without limitation, the following: Recruited,whether advertising or
by other means; compensated; selected for training, including apprenticeship; promoted; upgraded;
demoted; downgraded; transferred; laid off; and terminated. The Contractor agrees to and shall post
in conspicuous places, available to employees and applicants for employment,notices to be provided
by the contracting officers setting forth the provisions of this nondiscrimination clause.
2) 'The Contractor shall,in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without
regard to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101
et seq.
3) The Contractor shall send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding a notice advising the labor union
or worker's representative of the Contractor's commitments under the Equal Employment Opportunity
Clause of the City and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
4) The Contractor shall furnish to the contract compliance officer all Federal forms containing the
information and reports required by the Federal government for Federal contracts under Federal rules
and regulations, and including the information required by Sections 10-192 to 10-194, inclusive, and
shall permit reasonable access to his records. Records accessible to the Contract Compliance Officer
shall be those, which are related to Paragraphs (1) through (7) of this subsection and only after
reasonable notice is given the Contractor. The purpose for this provision is to provide for
investigation to ascertain compliance with the program provided for herein.
5) The Contractor shall take such actions with respect to any subcontractor as the City may direct as a
means of enforcing the provisions of Paragraphs (1) through (7) herein, including penalties and
sanctions for noncompliance; however, in the event the Contractor becomes involved,in or is
threatened with litigation as the result of such directions by the City, the City will enter into such
litigation as necessary to protect the interests of the City and to effectuate the provisions of this
division; and in the case of contracts receiving Federal assistance, the Contractor or the City may
request the United States to enter into such litigation to protect the interests of the United States.
6) The Contractor shall file and shall cause his subcontractors,if any,to file compliance reports with the
Contractor in the same form and to the same extent as required by the Federal government for Federal
contracts under Federal rules and regulations. Such compliance reports shall be filed with the
Contract Compliance Officer. Compliance reports filed at such times as directed shall contain
information as to the employment practices,policies,programs and statistics of the Contractor and his
subcontractors.
7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section, "Equal
Employment Opportunity Clause", and Section 10-193 in every subcontract or purchase order so
that such provisions will be binding upon each subcontractor or vendor.
11.
n(10)days of written notice.
d)ALTA Survey:Seller to provide at his expense an ALTA Survey Report for the premises.
8. Taxes:
® Urban Taxes: All consolidated real estate taxes which become delinquent in the year in which closing takes place shall be treated as though
all are current taxes, and those taxes shall be prorated as of date of closing,and all prior years'taxes, interest, and other charges, if any, will be paid by
Seller.
0 Rural Taxes: All consolidated real estate taxes for the year in which closing takes place(based on current assessment and tax rate)shall be
prorated as of date of closing,and Seller shall,also,pay all prior years'taxes,interest,and other charges.
9. Rents,Deposit and Leases,if Rented: Any tenant deposits and leases shall be assigned to Buyer at no cost. All collected rents shall be prorated to date
of closing. Copies of all current leases shall be provided to the Buyer at the time of closing.
1 .
11. Conveyance of Title: Seller shall furnish a current title insurance commitment to Buyer as soon as practical. if title defects are found,Seller must cure them
within a reasonable time. If title defects are not cured within a reasonable time period,the Buyer may rescind this agreement and the Deposit shall be refunded.
Approximate closing date to be February 13th,_2012,and possession of profits shall be delivered at closing. The costs of an Owner's title insurance policy shall
be equally divided between Buyer and Seller.
12. Escrow Closing: Buyer and Seller acknowledge and understand that the closing of the sale may be handled by an Escrow Agent and that the Broker is
authorized to transfer the Deposit or any other funds it receives to said Escrow Agent. After said transfer,Broker shall have no further responsibility or liability to
Buyer or Seller for the accounting for said funds. Escrow Agent's charge for the escrow closing shall be equally divided between Buyer and Seller.
13. State Documentary Tax: The State documentary Tax on the deed Shall be paid by the Seller.
UNIFORM COMMERCIAL PURCHASE AGREEMENT 11/11/11
•
Exhibit B
Product List and Pricing
20oz Sodas and Gatorade Products=$15.60
5 Gallon Postmix Syrup=$10.50/Gallon
12
. ilmo n Title:FOW SP VI N .Sotifs
EXECUTED this /57- day of .#4!/rG/__ ,2012.
ATTEST: CITY OF OMAHA, a Municipal Corporation
•
By
Ci Clerk of Omaha °.utt e, rror of the Ci y of Omaha
• APPROVED AS TO FORM:
Deputy ity Attorney
n
f'
10
es a fully executed copy of this agreement and accepts Counter Proposal as set out above,if any.
DATE: BUYER:
UNIFORM COMMERCIAL PURCHASE AGREEMENT 11/11/11
•
•
Page 1 of 23, 1/11/2012 2:50:09 PM, Bid Tabulation, Generated by:guygerhard for project OPW 51892
1" z rt -<co cu n � .
tt
EXHIBIT C-NEW EMPLOYEE WORK ELIGIBILITY STATUS
During the performance of this contract,the Contractor agrees as follows:
The Contractor is required and hereby agrees to use a federal immigration verification
system to determine the work eligibility status of new employees physically performing services
within the State of Nebraska. A federal immigration verification system means the electronic
verification of the work authorization program authorized by the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an
equivalent federal program designated by the United States Department of Homeland Security or
other federal agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available
on the Department of Administrative Services website at www.das.state.ne.us.
2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the
Contractor agrees to provide the US Citizenship and Immigration Services documentation
required to verify the Contractor's lawful presence in the United States using the Systematic
Alien Verification for Entitlements (SAVE)Program.
3. The Contractor understands and agrees that lawful presence in the United States is
required and the Contractor may be disqualified or the contract terminated if such lawful
presence cannot be verified as required by Neb. Rev. Stat. §4-108
13
under 42 USCS 12101
et seq.
3) The Contractor shall send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding a notice advising the labor union
or worker's representative of the Contractor's commitments under the Equal Employment Opportunity
Clause of the City and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
4) The Contractor shall furnish to the contract compliance officer all Federal forms containing the
information and reports required by the Federal government for Federal contracts under Federal rules
and regulations, and including the information required by Sections 10-192 to 10-194, inclusive, and
shall permit reasonable access to his records. Records accessible to the Contract Compliance Officer
shall be those, which are related to Paragraphs (1) through (7) of this subsection and only after
reasonable notice is given the Contractor. The purpose for this provision is to provide for
investigation to ascertain compliance with the program provided for herein.
5) The Contractor shall take such actions with respect to any subcontractor as the City may direct as a
means of enforcing the provisions of Paragraphs (1) through (7) herein, including penalties and
sanctions for noncompliance; however, in the event the Contractor becomes involved,in or is
threatened with litigation as the result of such directions by the City, the City will enter into such
litigation as necessary to protect the interests of the City and to effectuate the provisions of this
division; and in the case of contracts receiving Federal assistance, the Contractor or the City may
request the United States to enter into such litigation to protect the interests of the United States.
6) The Contractor shall file and shall cause his subcontractors,if any,to file compliance reports with the
Contractor in the same form and to the same extent as required by the Federal government for Federal
contracts under Federal rules and regulations. Such compliance reports shall be filed with the
Contract Compliance Officer. Compliance reports filed at such times as directed shall contain
information as to the employment practices,policies,programs and statistics of the Contractor and his
subcontractors.
7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section, "Equal
Employment Opportunity Clause", and Section 10-193 in every subcontract or purchase order so
that such provisions will be binding upon each subcontractor or vendor.
11.
n(10)days of written notice.
d)ALTA Survey:Seller to provide at his expense an ALTA Survey Report for the premises.
8. Taxes:
® Urban Taxes: All consolidated real estate taxes which become delinquent in the year in which closing takes place shall be treated as though
all are current taxes, and those taxes shall be prorated as of date of closing,and all prior years'taxes, interest, and other charges, if any, will be paid by
Seller.
0 Rural Taxes: All consolidated real estate taxes for the year in which closing takes place(based on current assessment and tax rate)shall be
prorated as of date of closing,and Seller shall,also,pay all prior years'taxes,interest,and other charges.
9. Rents,Deposit and Leases,if Rented: Any tenant deposits and leases shall be assigned to Buyer at no cost. All collected rents shall be prorated to date
of closing. Copies of all current leases shall be provided to the Buyer at the time of closing.
1 .
11. Conveyance of Title: Seller shall furnish a current title insurance commitment to Buyer as soon as practical. if title defects are found,Seller must cure them
within a reasonable time. If title defects are not cured within a reasonable time period,the Buyer may rescind this agreement and the Deposit shall be refunded.
Approximate closing date to be February 13th,_2012,and possession of profits shall be delivered at closing. The costs of an Owner's title insurance policy shall
be equally divided between Buyer and Seller.
12. Escrow Closing: Buyer and Seller acknowledge and understand that the closing of the sale may be handled by an Escrow Agent and that the Broker is
authorized to transfer the Deposit or any other funds it receives to said Escrow Agent. After said transfer,Broker shall have no further responsibility or liability to
Buyer or Seller for the accounting for said funds. Escrow Agent's charge for the escrow closing shall be equally divided between Buyer and Seller.
13. State Documentary Tax: The State documentary Tax on the deed Shall be paid by the Seller.
UNIFORM COMMERCIAL PURCHASE AGREEMENT 11/11/11
0
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ollective bargaining agreement or other contract or understanding a notice advising the labor union
or worker's representative of the Contractor's commitments under the Equal Employment Opportunity
Clause of the City and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
4) The Contractor shall furnish to the contract compliance officer all Federal forms containing the
information and reports required by the Federal government for Federal contracts under Federal rules
and regulations, and including the information required by Sections 10-192 to 10-194, inclusive, and
shall permit reasonable access to his records. Records accessible to the Contract Compliance Officer
shall be those, which are related to Paragraphs (1) through (7) of this subsection and only after
reasonable notice is given the Contractor. The purpose for this provision is to provide for
investigation to ascertain compliance with the program provided for herein.
5) The Contractor shall take such actions with respect to any subcontractor as the City may direct as a
means of enforcing the provisions of Paragraphs (1) through (7) herein, including penalties and
sanctions for noncompliance; however, in the event the Contractor becomes involved,in or is
threatened with litigation as the result of such directions by the City, the City will enter into such
litigation as necessary to protect the interests of the City and to effectuate the provisions of this
division; and in the case of contracts receiving Federal assistance, the Contractor or the City may
request the United States to enter into such litigation to protect the interests of the United States.
6) The Contractor shall file and shall cause his subcontractors,if any,to file compliance reports with the
Contractor in the same form and to the same extent as required by the Federal government for Federal
contracts under Federal rules and regulations. Such compliance reports shall be filed with the
Contract Compliance Officer. Compliance reports filed at such times as directed shall contain
information as to the employment practices,policies,programs and statistics of the Contractor and his
subcontractors.
7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section, "Equal
Employment Opportunity Clause", and Section 10-193 in every subcontract or purchase order so
that such provisions will be binding upon each subcontractor or vendor.
11.
n(10)days of written notice.
d)ALTA Survey:Seller to provide at his expense an ALTA Survey Report for the premises.
8. Taxes:
® Urban Taxes: All consolidated real estate taxes which become delinquent in the year in which closing takes place shall be treated as though
all are current taxes, and those taxes shall be prorated as of date of closing,and all prior years'taxes, interest, and other charges, if any, will be paid by
Seller.
0 Rural Taxes: All consolidated real estate taxes for the year in which closing takes place(based on current assessment and tax rate)shall be
prorated as of date of closing,and Seller shall,also,pay all prior years'taxes,interest,and other charges.
9. Rents,Deposit and Leases,if Rented: Any tenant deposits and leases shall be assigned to Buyer at no cost. All collected rents shall be prorated to date
of closing. Copies of all current leases shall be provided to the Buyer at the time of closing.
1 .
11. Conveyance of Title: Seller shall furnish a current title insurance commitment to Buyer as soon as practical. if title defects are found,Seller must cure them
within a reasonable time. If title defects are not cured within a reasonable time period,the Buyer may rescind this agreement and the Deposit shall be refunded.
Approximate closing date to be February 13th,_2012,and possession of profits shall be delivered at closing. The costs of an Owner's title insurance policy shall
be equally divided between Buyer and Seller.
12. Escrow Closing: Buyer and Seller acknowledge and understand that the closing of the sale may be handled by an Escrow Agent and that the Broker is
authorized to transfer the Deposit or any other funds it receives to said Escrow Agent. After said transfer,Broker shall have no further responsibility or liability to
Buyer or Seller for the accounting for said funds. Escrow Agent's charge for the escrow closing shall be equally divided between Buyer and Seller.
13. State Documentary Tax: The State documentary Tax on the deed Shall be paid by the Seller.
UNIFORM COMMERCIAL PURCHASE AGREEMENT 11/11/11
/
"NOTICE TO PUBLIC" THE DAILY RECORD
The following Ordinance has been set for
City Council Hearing on February 14,2012, OF Ow,l�jt TT
at 2:00 p.m.: AHA
AN ORDINANCE to accept the bid and the
attached agreement of Pepsi Beverages LYNDA K. HENNINGSEN, Publisher
Company to provide vending machine
concessions at the various locations from PROOF OF PUBLICATION
November 2011, through December 31,
2012. The City reserves the right to extend
this contract on a yearly basis for three one- UNITED STATES OF AMERICA,
year terms at the sole option of the City,to
authorize payment In accordance therewith; The State of Nebraska,
to authorize the Purchasing Agent to issue a sS.
purchase order in the total amount of District of Nebraska,
$36,180.00, plus 35'y0 of gross receipts;and County of Douglas,
to provide an effective date.BUSTER BROWN, City of Omaha,
City Clerk
2-10-12 . J.BOYD
being duly sworn,deposes and says that she is
LEGAL EDITOR
of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on I
February 10, 2012
That said Newspaper during that time was re arly published and
in general'cltnacula�i n in the County of Douglas, tate of Nebraska.
eQ:C.GIN E Rq • Subscribed in my ce and sworn to be e
'�,QRY T:7
10th
r ubliisher's TSS10 me this of
•d iional Mlless$ Febru ry 12
,1 tl`\qjF OF 10-0:L Notary Public of Nebraska Douglas ounty,
ractor shall furnish to the contract compliance officer all Federal forms containing the
information and reports required by the Federal government for Federal contracts under Federal rules
and regulations, and including the information required by Sections 10-192 to 10-194, inclusive, and
shall permit reasonable access to his records. Records accessible to the Contract Compliance Officer
shall be those, which are related to Paragraphs (1) through (7) of this subsection and only after
reasonable notice is given the Contractor. The purpose for this provision is to provide for
investigation to ascertain compliance with the program provided for herein.
5) The Contractor shall take such actions with respect to any subcontractor as the City may direct as a
means of enforcing the provisions of Paragraphs (1) through (7) herein, including penalties and
sanctions for noncompliance; however, in the event the Contractor becomes involved,in or is
threatened with litigation as the result of such directions by the City, the City will enter into such
litigation as necessary to protect the interests of the City and to effectuate the provisions of this
division; and in the case of contracts receiving Federal assistance, the Contractor or the City may
request the United States to enter into such litigation to protect the interests of the United States.
6) The Contractor shall file and shall cause his subcontractors,if any,to file compliance reports with the
Contractor in the same form and to the same extent as required by the Federal government for Federal
contracts under Federal rules and regulations. Such compliance reports shall be filed with the
Contract Compliance Officer. Compliance reports filed at such times as directed shall contain
information as to the employment practices,policies,programs and statistics of the Contractor and his
subcontractors.
7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section, "Equal
Employment Opportunity Clause", and Section 10-193 in every subcontract or purchase order so
that such provisions will be binding upon each subcontractor or vendor.
11.
n(10)days of written notice.
d)ALTA Survey:Seller to provide at his expense an ALTA Survey Report for the premises.
8. Taxes:
® Urban Taxes: All consolidated real estate taxes which become delinquent in the year in which closing takes place shall be treated as though
all are current taxes, and those taxes shall be prorated as of date of closing,and all prior years'taxes, interest, and other charges, if any, will be paid by
Seller.
0 Rural Taxes: All consolidated real estate taxes for the year in which closing takes place(based on current assessment and tax rate)shall be
prorated as of date of closing,and Seller shall,also,pay all prior years'taxes,interest,and other charges.
9. Rents,Deposit and Leases,if Rented: Any tenant deposits and leases shall be assigned to Buyer at no cost. All collected rents shall be prorated to date
of closing. Copies of all current leases shall be provided to the Buyer at the time of closing.
1 .
11. Conveyance of Title: Seller shall furnish a current title insurance commitment to Buyer as soon as practical. if title defects are found,Seller must cure them
within a reasonable time. If title defects are not cured within a reasonable time period,the Buyer may rescind this agreement and the Deposit shall be refunded.
Approximate closing date to be February 13th,_2012,and possession of profits shall be delivered at closing. The costs of an Owner's title insurance policy shall
be equally divided between Buyer and Seller.
12. Escrow Closing: Buyer and Seller acknowledge and understand that the closing of the sale may be handled by an Escrow Agent and that the Broker is
authorized to transfer the Deposit or any other funds it receives to said Escrow Agent. After said transfer,Broker shall have no further responsibility or liability to
Buyer or Seller for the accounting for said funds. Escrow Agent's charge for the escrow closing shall be equally divided between Buyer and Seller.
13. State Documentary Tax: The State documentary Tax on the deed Shall be paid by the Seller.
UNIFORM COMMERCIAL PURCHASE AGREEMENT 11/11/11
"NOTICE TO PUBLIC THE DAILY RECORD
- ORDINANCE NO.39250
AN ORDINANCE to accept the bid and the T�
attached agreement of Pepsi Beverages OF OMAHA
Company to provide vending machine
concessions at the various locations from
November 2011, through December 31, LYNDA K. HENNINGSEN, Publisher
2012. The City reserves the right to extendone- PROOF OF PUBLICATION
this contract on a yearly basis for three one-
year terms at the sole option of the City,to
authorize payment in accordance therewith;
to authorize the Purchasing Agent to issue a UNITED STATES OF AMERICA,
purchase order in the total amount of The State of Nebraska,
$36,180.00, plus 35%of gross receipts;and ss
to provide an effective date. District of Nebraska,
SUMMARY:
AN ORDINANCE to accept the bid and the County of Douglas,
attached agreement of Pepsi Beverages City of Omaha,
Company to provide vending machine
concessions at the various locations from
November 2011, through December 31, J.BOYD
2012. The City reserves the right to extend
this contract on a yearly basis for three one- being duly sworn,deposes and says that she is
year terms at the sole option of the City,to
authorize payment in accordance therewith;
to authorize the Purchasing Agent to issue a LEGAL EDITOR
purchase order in the total amount of
$36,180.00, plus 35%of gross receipts;and of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
to provide an effectivedate.
PASSED:February 28,201
2,7-0 published daily in the English language, having a bona fide pa
id
APPROVED BY: circulation in Douglas County in excess of 300 copies, printed in
JIM SUTTLE 3/1/12 MAYOR OF THE g Omaha,in said Countyof Douglas,for more than fifty-two weeks last
CITY OF OMAHA BUSTER BROWN, past; that the printed notice hereto attached was published in THE
City Clerk DAILY RECORD,of Omaha,on
3-7-12 March 7 , 2012
That sai ewspaper during that time was regul: y published and
in g • ""I vt5g ' n in the County of Douglas,and S ate o"Nebraska.
.. Qy •NNtrRA(• .. ;.
,�i,�SQ;•�C Subscribed in my presen ._• orn to bef• •
i
�'ublisher? �e apt`$ .'8 10 me this th /y of
CO 10 S
tv1M E
AlliftionalEbales $ ,,(�. March 12
II
1a n /
I ll Sj; ............... Notary Public in :Ts: ,ril 5 o•g •e. ••unty,
‘��Arm F NSta • o ebras •:
) The Contractor shall take such actions with respect to any subcontractor as the City may direct as a
means of enforcing the provisions of Paragraphs (1) through (7) herein, including penalties and
sanctions for noncompliance; however, in the event the Contractor becomes involved,in or is
threatened with litigation as the result of such directions by the City, the City will enter into such
litigation as necessary to protect the interests of the City and to effectuate the provisions of this
division; and in the case of contracts receiving Federal assistance, the Contractor or the City may
request the United States to enter into such litigation to protect the interests of the United States.
6) The Contractor shall file and shall cause his subcontractors,if any,to file compliance reports with the
Contractor in the same form and to the same extent as required by the Federal government for Federal
contracts under Federal rules and regulations. Such compliance reports shall be filed with the
Contract Compliance Officer. Compliance reports filed at such times as directed shall contain
information as to the employment practices,policies,programs and statistics of the Contractor and his
subcontractors.
7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section, "Equal
Employment Opportunity Clause", and Section 10-193 in every subcontract or purchase order so
that such provisions will be binding upon each subcontractor or vendor.
11.
n(10)days of written notice.
d)ALTA Survey:Seller to provide at his expense an ALTA Survey Report for the premises.
8. Taxes:
® Urban Taxes: All consolidated real estate taxes which become delinquent in the year in which closing takes place shall be treated as though
all are current taxes, and those taxes shall be prorated as of date of closing,and all prior years'taxes, interest, and other charges, if any, will be paid by
Seller.
0 Rural Taxes: All consolidated real estate taxes for the year in which closing takes place(based on current assessment and tax rate)shall be
prorated as of date of closing,and Seller shall,also,pay all prior years'taxes,interest,and other charges.
9. Rents,Deposit and Leases,if Rented: Any tenant deposits and leases shall be assigned to Buyer at no cost. All collected rents shall be prorated to date
of closing. Copies of all current leases shall be provided to the Buyer at the time of closing.
1 .
11. Conveyance of Title: Seller shall furnish a current title insurance commitment to Buyer as soon as practical. if title defects are found,Seller must cure them
within a reasonable time. If title defects are not cured within a reasonable time period,the Buyer may rescind this agreement and the Deposit shall be refunded.
Approximate closing date to be February 13th,_2012,and possession of profits shall be delivered at closing. The costs of an Owner's title insurance policy shall
be equally divided between Buyer and Seller.
12. Escrow Closing: Buyer and Seller acknowledge and understand that the closing of the sale may be handled by an Escrow Agent and that the Broker is
authorized to transfer the Deposit or any other funds it receives to said Escrow Agent. After said transfer,Broker shall have no further responsibility or liability to
Buyer or Seller for the accounting for said funds. Escrow Agent's charge for the escrow closing shall be equally divided between Buyer and Seller.
13. State Documentary Tax: The State documentary Tax on the deed Shall be paid by the Seller.
UNIFORM COMMERCIAL PURCHASE AGREEMENT 11/11/11