RES 2012-0601 - Subdivision agmt, First Addition to South Omaha Replat 1 , };
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'.6 � RECEIVED Public Works Department
`' ^IIV a Omaha/.Douglas Civic Center
z �rt�t�:«1 May 1, 2012 1 APR Ala 9= 1819 Farnam Street,Suite 601
o�E-?' ;: '<"ry Omaha,Nebraska 68183-0601
.eo,Q 4; ~ CITY?' �� (402)444-5220
epFD�EaRvt' Q '' i iti Fax(402)444-5248
City of Omaha Robert G.Stubbe,P.E.
Jim Suttle,Mayor Public Works Director
Honorable President
and Members of the City Council,
The attached Resolution approves the Subdivision Agreement among Boys & Girls Clubs of the
Midlands, a Nebraska Non Profit Corporation, Douglas County School District 0001, a Nebraska
Political Subdivision, and the City of Omaha. This Subdivision Agreement covers the public
improvement of First Addition to South Omaha Replat 1 (Lots 1 and 2), a subdivision located
Southeast of 22"a and"0" Streets.
The Public Works Department requests your consideration and approval of the attached Resolution
and Subdivision Agreement.
Respectfully submitted, This action has been reviewed and found to be
-. : ance wit = , , ,er Plan.
67e-44-11461--e-, fo 'i Z /t%/ ///////_i/r ►14 L912-
1,� Robert Stubbe, P.E. Date ' .E. Cunnm . 'i�g SAM. Date
Public Works Director Planning Direc :,
Approved as to Funding: Refe• • is C ty Co cil for Consideration:
67 442.-i -, Adir ./
- 2
Pam Spaccarotella Date ' Mayor's Of ice Date
Finance Director i, E,.
P:\msp\1257msp.doc
ure is hereby approved as is contemplated by paragraph 5(b)of
the Technology Use Agreement between the City of Omaha,Douglas County and DOT.Comm which
was approved by Resolution No. 1455 on December 7,2010,and all funding for this contract will be
provided by the City Capital Improvement Fund, Fund 13112, Organization 131555.
APPROVED AS RM:
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law-city cou ., ments\211 \1Q049dae.doc ASSISTANT CITY ATTORNEY ATE
Byer
r cilmember
Adopted MAY - 1 2 -,
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G City. /2
Clerk �iL
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Approved
Mayor
presentative of the other party,which waiver shall be effective only with respect to the specific obligation described therein. Any
waiver or failure to enforce any provision of this Agreement on one occasion shall not be deemed a waiver of any other provision
or of such provision on any other occasion.
(f) Each party acknowledges and agrees that in the event of a material breach of this Agreement, including, but not limited to, a
breach of the INTELLECTUAL PROPERTY or NONDISCLOSURE Sections of this Agreement, the non-breaching party shall be
entitled to seek immediate injunctive relief,without limiting its other rights and remedies.
(g) Each party shall be excused from performance for any period during which, and to the extent that, it is prevented from
performing any obligation or service as a result of causes beyond its reasonable control, and without its fault or negligence,
including, without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, communication line failures, and power
failures. Nothing in the foregoing shall be deemed to relieve Customer or its Affiliates of its obligation to pay fees owed under this
Agreement.
(h) Quest Software, Inc. is a federal contractor and Affirmative Action employer(M/F/D/V), as required by the Equal Opportunity
clause C.F.R.§60-741.5(a).
(i) Headings in this Agreement are for convenience only and do not affect the meaning or interpretation of this Agreement. This
Agreement shall not be construed either in favor of or against one party or the other, but rather in accordance with its fair
• meaning. When the term "including" is used in this Agreement, it shall be construed in each case to mean "including, but not
limited to."
(j) Quest shall, at its own expense, comply with all federal and state laws, and statutes and regulations applicable to businesses
which provide onsite consulting and training services for commercial software products.
(k) Each party is acting as an independent contractor under this Agreement and nothing contained herein shall be construed to
create or imply any agency,joint venture,partnership,principal-agent or employment relationship between the parties. Neither parry's
employees,agents,nor consultants shall be considered under any circumstances to be employees,agents or consultants of the other
party.
This Agreement,the SO, and any properly executed addendum or exhibits(if any)thereto contains the entire agreement between
the parties regarding the subject matter hereof and supersedes any and all other agreements and communications,written or oral,
express or implied. The terms of this Agreement shall control over any conflicting terms and conditions'contained in the SO,
unless the terms or conditions in the SO are expressly intended to modify this Agreement.
Rev 01-20-11 Page 6 of 6
eavor to provide Customer with thirty (30).days written notice prior to the effective date of any
cancellation in the insurance, except ten (10)days in the event of the non-payment of premium. Coverage shall be placed with
insurers rated A-VI or better,as rated by A.M. Best's.
Rev 01-20-11 Page 5 of 6
sulting from a modification of the IP other than by Quest, (iii)based on Customer's use of the
IP after Quest recommends discontinuation because of possible or actual infringement, (iv) based on Customer's use of a
superseded or altered release of IP, if the infringement would have been avoided by use of a current or unaltered release of the IP
made available to Customer, or(v)to the extent the IP Claim arises from, or is based on, the use of the IP with other products,
services, or data not supplied by Quest, if the infringement would not have occurred but for such use. If Customer's use of the IP
is enjoined as a result of an IP Claim, Quest shall, at its expense and option either(i)obtain for Customer the right to continue
using the IP, (ii)replace the IP with a functionally equivalent non-infringing product, (iii)modify the IP so that it is non-infringing,or
(iv)accept the return of the infringing IP and refund the fee paid for the infringing IP, pro-rated over a sixty(60)month period from
the date of delivery of the IP. This Section states the entire liability of Quest, and Customer's sole and exclusive remedy, with
respect to an IP Claim.
Rev 01-20-11 Page 4 of 6
r the sole purpose of, enabling Quest to perform its
obligations under this Agreement and may take place in any of the countries in which Quest and its Affiliates conduct business, which may
include countries outside of the European Economic Area. Quest hereby affirms to Customer that Quest Software, Inc.currently abides by the
safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of data from the European
Union.
REV 09-28-09 CONFIDENTIAL Page 5 of 6
ority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and
Owner to furnish timely information or approve or disapprove of regulations as they apply to the project.
the A/E's services or work product promptly,or delays caused by
4
SUBDIVISION AGREEMENT
FIRST ADDITION TO SOUTH OMAHA REPLAT 1
(Lots 1 and 2)
This Subdivision Agreement ("Agreement"), made as of this ./,5 day of •
, 2012 by and among BOYS & GIRLS CLUBS OF THE MIDLANDS, a
Nebraska Non Profit Corporation (hereinafter referred to as `BGCM"), DOUGLAS COUNTY
SCHOOL DISTRICT 0001, a Nebraska Political Subdivision (hereinafter referred to as •
"District"), and the CITY OF OMAHA, NEBRASKA, a Municipal Corporation (hereinafter
referred to as"City").
WHEREAS,BGCM is the current owner of the land shown on the proposed plat attached
hereto as Exhibit"A" (hereinafter referred to as "Property"), and
WHEREAS, BGCM is seeking to subdivide the Property into two lots, to be know as
Lots One (1) and Two (2), First Addition To South Omaha Replat 1, an addition to the City of
Omaha, Douglas County, Nebraska, and upon completion of such subdivision, intends to convey
title to said Lot One(1)to District, and retain title to said Lot Two (2).
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable
consideration,the following is agreed between the parties hereto:
1. On-Street Parking and Sidewalks. Upon completion of the subdivision of the Property,
approval of the District's application for a special use permit for said Lot One (1) to
allow for outdoor sports and recreation on said Lot One (1) in accordance with the
application of the District and conveyance of said Lot One (1) to the District, the District
shall cause on-street parking and sidewalks along the south side of"0" Street adjacent to
the property to be constructed as shown on the site plan prepared by Lamp, Rynearson &
Associates, Inc., a copy of which is attached hereto as Exhibit "B" and according to the
following schedule:
A. On-street parking abutting the property along the south side of"0" street shall be
constructed in accordance with current City of Omaha Public Works Department
design standards in conjunction with the "South High School Athletic Field
Improvements Project".
B. Sidewalks abutting the property along the south side of "0" street shall be
constructed in accordance with current City of Omaha Public Works Department
design standards in conjunction with the "South High School Athletic Field
Improvements Project".
The parties hereto acknowledge that the obligation of the District to undertake the
construction referred to in this Section 1 is conditional upon the subdivision of the
Property as shown on the attached Exhibit A, granting of such special use permit as
requested and the conveyance of said Lot One (1) to the District. In the event that any of
the INTELLECTUAL PROPERTY or NONDISCLOSURE Sections of this Agreement, the non-breaching party shall be
entitled to seek immediate injunctive relief,without limiting its other rights and remedies.
(g) Each party shall be excused from performance for any period during which, and to the extent that, it is prevented from
performing any obligation or service as a result of causes beyond its reasonable control, and without its fault or negligence,
including, without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, communication line failures, and power
failures. Nothing in the foregoing shall be deemed to relieve Customer or its Affiliates of its obligation to pay fees owed under this
Agreement.
(h) Quest Software, Inc. is a federal contractor and Affirmative Action employer(M/F/D/V), as required by the Equal Opportunity
clause C.F.R.§60-741.5(a).
(i) Headings in this Agreement are for convenience only and do not affect the meaning or interpretation of this Agreement. This
Agreement shall not be construed either in favor of or against one party or the other, but rather in accordance with its fair
• meaning. When the term "including" is used in this Agreement, it shall be construed in each case to mean "including, but not
limited to."
(j) Quest shall, at its own expense, comply with all federal and state laws, and statutes and regulations applicable to businesses
which provide onsite consulting and training services for commercial software products.
(k) Each party is acting as an independent contractor under this Agreement and nothing contained herein shall be construed to
create or imply any agency,joint venture,partnership,principal-agent or employment relationship between the parties. Neither parry's
employees,agents,nor consultants shall be considered under any circumstances to be employees,agents or consultants of the other
party.
This Agreement,the SO, and any properly executed addendum or exhibits(if any)thereto contains the entire agreement between
the parties regarding the subject matter hereof and supersedes any and all other agreements and communications,written or oral,
express or implied. The terms of this Agreement shall control over any conflicting terms and conditions'contained in the SO,
unless the terms or conditions in the SO are expressly intended to modify this Agreement.
Rev 01-20-11 Page 6 of 6
eavor to provide Customer with thirty (30).days written notice prior to the effective date of any
cancellation in the insurance, except ten (10)days in the event of the non-payment of premium. Coverage shall be placed with
insurers rated A-VI or better,as rated by A.M. Best's.
Rev 01-20-11 Page 5 of 6
sulting from a modification of the IP other than by Quest, (iii)based on Customer's use of the
IP after Quest recommends discontinuation because of possible or actual infringement, (iv) based on Customer's use of a
superseded or altered release of IP, if the infringement would have been avoided by use of a current or unaltered release of the IP
made available to Customer, or(v)to the extent the IP Claim arises from, or is based on, the use of the IP with other products,
services, or data not supplied by Quest, if the infringement would not have occurred but for such use. If Customer's use of the IP
is enjoined as a result of an IP Claim, Quest shall, at its expense and option either(i)obtain for Customer the right to continue
using the IP, (ii)replace the IP with a functionally equivalent non-infringing product, (iii)modify the IP so that it is non-infringing,or
(iv)accept the return of the infringing IP and refund the fee paid for the infringing IP, pro-rated over a sixty(60)month period from
the date of delivery of the IP. This Section states the entire liability of Quest, and Customer's sole and exclusive remedy, with
respect to an IP Claim.
Rev 01-20-11 Page 4 of 6
r the sole purpose of, enabling Quest to perform its
obligations under this Agreement and may take place in any of the countries in which Quest and its Affiliates conduct business, which may
include countries outside of the European Economic Area. Quest hereby affirms to Customer that Quest Software, Inc.currently abides by the
safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of data from the European
Union.
REV 09-28-09 CONFIDENTIAL Page 5 of 6
ority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and
Owner to furnish timely information or approve or disapprove of regulations as they apply to the project.
the A/E's services or work product promptly,or delays caused by
4
these conditions do not occur, then the District shall have no obligation to perform the
construction work referenced in this Section 1.
2. No BGCM Obligation. The parties hereto agree that BGCM shall have no obligation
under this Agreement to construct any improvements in connection with the subdivision
of the Property.
3. Binding effect. The Subdivision Agreement shall be binding upon the parties, their •
respective successors, and assigns.
IN WITNESS WHEREOF, the executing parties, by their respective duly authorized
agents, hereby enter into this Agreement, effective on the day and year first above written.
ATT T: CITY OF OMAHA
By: 02__
City Clerk Mayor Date
BOY1 & GIRLS C UBS OF THE MIDLANDS
By:
President and CEO
ATTEST: DOUGLAS COUN SCHOOL DISTRICT 0001
By: erWe
Secretary, Board of Education President, Board o ducation
APPROVED AS TO FORM:
W#2
ASSISTANT CITY ATTORNEY
2
onsideration,the following is agreed between the parties hereto:
1. On-Street Parking and Sidewalks. Upon completion of the subdivision of the Property,
approval of the District's application for a special use permit for said Lot One (1) to
allow for outdoor sports and recreation on said Lot One (1) in accordance with the
application of the District and conveyance of said Lot One (1) to the District, the District
shall cause on-street parking and sidewalks along the south side of"0" Street adjacent to
the property to be constructed as shown on the site plan prepared by Lamp, Rynearson &
Associates, Inc., a copy of which is attached hereto as Exhibit "B" and according to the
following schedule:
A. On-street parking abutting the property along the south side of"0" street shall be
constructed in accordance with current City of Omaha Public Works Department
design standards in conjunction with the "South High School Athletic Field
Improvements Project".
B. Sidewalks abutting the property along the south side of "0" street shall be
constructed in accordance with current City of Omaha Public Works Department
design standards in conjunction with the "South High School Athletic Field
Improvements Project".
The parties hereto acknowledge that the obligation of the District to undertake the
construction referred to in this Section 1 is conditional upon the subdivision of the
Property as shown on the attached Exhibit A, granting of such special use permit as
requested and the conveyance of said Lot One (1) to the District. In the event that any of
the INTELLECTUAL PROPERTY or NONDISCLOSURE Sections of this Agreement, the non-breaching party shall be
entitled to seek immediate injunctive relief,without limiting its other rights and remedies.
(g) Each party shall be excused from performance for any period during which, and to the extent that, it is prevented from
performing any obligation or service as a result of causes beyond its reasonable control, and without its fault or negligence,
including, without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, communication line failures, and power
failures. Nothing in the foregoing shall be deemed to relieve Customer or its Affiliates of its obligation to pay fees owed under this
Agreement.
(h) Quest Software, Inc. is a federal contractor and Affirmative Action employer(M/F/D/V), as required by the Equal Opportunity
clause C.F.R.§60-741.5(a).
(i) Headings in this Agreement are for convenience only and do not affect the meaning or interpretation of this Agreement. This
Agreement shall not be construed either in favor of or against one party or the other, but rather in accordance with its fair
• meaning. When the term "including" is used in this Agreement, it shall be construed in each case to mean "including, but not
limited to."
(j) Quest shall, at its own expense, comply with all federal and state laws, and statutes and regulations applicable to businesses
which provide onsite consulting and training services for commercial software products.
(k) Each party is acting as an independent contractor under this Agreement and nothing contained herein shall be construed to
create or imply any agency,joint venture,partnership,principal-agent or employment relationship between the parties. Neither parry's
employees,agents,nor consultants shall be considered under any circumstances to be employees,agents or consultants of the other
party.
This Agreement,the SO, and any properly executed addendum or exhibits(if any)thereto contains the entire agreement between
the parties regarding the subject matter hereof and supersedes any and all other agreements and communications,written or oral,
express or implied. The terms of this Agreement shall control over any conflicting terms and conditions'contained in the SO,
unless the terms or conditions in the SO are expressly intended to modify this Agreement.
Rev 01-20-11 Page 6 of 6
eavor to provide Customer with thirty (30).days written notice prior to the effective date of any
cancellation in the insurance, except ten (10)days in the event of the non-payment of premium. Coverage shall be placed with
insurers rated A-VI or better,as rated by A.M. Best's.
Rev 01-20-11 Page 5 of 6
sulting from a modification of the IP other than by Quest, (iii)based on Customer's use of the
IP after Quest recommends discontinuation because of possible or actual infringement, (iv) based on Customer's use of a
superseded or altered release of IP, if the infringement would have been avoided by use of a current or unaltered release of the IP
made available to Customer, or(v)to the extent the IP Claim arises from, or is based on, the use of the IP with other products,
services, or data not supplied by Quest, if the infringement would not have occurred but for such use. If Customer's use of the IP
is enjoined as a result of an IP Claim, Quest shall, at its expense and option either(i)obtain for Customer the right to continue
using the IP, (ii)replace the IP with a functionally equivalent non-infringing product, (iii)modify the IP so that it is non-infringing,or
(iv)accept the return of the infringing IP and refund the fee paid for the infringing IP, pro-rated over a sixty(60)month period from
the date of delivery of the IP. This Section states the entire liability of Quest, and Customer's sole and exclusive remedy, with
respect to an IP Claim.
Rev 01-20-11 Page 4 of 6
r the sole purpose of, enabling Quest to perform its
obligations under this Agreement and may take place in any of the countries in which Quest and its Affiliates conduct business, which may
include countries outside of the European Economic Area. Quest hereby affirms to Customer that Quest Software, Inc.currently abides by the
safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of data from the European
Union.
REV 09-28-09 CONFIDENTIAL Page 5 of 6
ority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and
Owner to furnish timely information or approve or disapprove of regulations as they apply to the project.
the A/E's services or work product promptly,or delays caused by
4
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, but rather in accordance with its fair
• meaning. When the term "including" is used in this Agreement, it shall be construed in each case to mean "including, but not
limited to."
(j) Quest shall, at its own expense, comply with all federal and state laws, and statutes and regulations applicable to businesses
which provide onsite consulting and training services for commercial software products.
(k) Each party is acting as an independent contractor under this Agreement and nothing contained herein shall be construed to
create or imply any agency,joint venture,partnership,principal-agent or employment relationship between the parties. Neither parry's
employees,agents,nor consultants shall be considered under any circumstances to be employees,agents or consultants of the other
party.
This Agreement,the SO, and any properly executed addendum or exhibits(if any)thereto contains the entire agreement between
the parties regarding the subject matter hereof and supersedes any and all other agreements and communications,written or oral,
express or implied. The terms of this Agreement shall control over any conflicting terms and conditions'contained in the SO,
unless the terms or conditions in the SO are expressly intended to modify this Agreement.
Rev 01-20-11 Page 6 of 6
eavor to provide Customer with thirty (30).days written notice prior to the effective date of any
cancellation in the insurance, except ten (10)days in the event of the non-payment of premium. Coverage shall be placed with
insurers rated A-VI or better,as rated by A.M. Best's.
Rev 01-20-11 Page 5 of 6
sulting from a modification of the IP other than by Quest, (iii)based on Customer's use of the
IP after Quest recommends discontinuation because of possible or actual infringement, (iv) based on Customer's use of a
superseded or altered release of IP, if the infringement would have been avoided by use of a current or unaltered release of the IP
made available to Customer, or(v)to the extent the IP Claim arises from, or is based on, the use of the IP with other products,
services, or data not supplied by Quest, if the infringement would not have occurred but for such use. If Customer's use of the IP
is enjoined as a result of an IP Claim, Quest shall, at its expense and option either(i)obtain for Customer the right to continue
using the IP, (ii)replace the IP with a functionally equivalent non-infringing product, (iii)modify the IP so that it is non-infringing,or
(iv)accept the return of the infringing IP and refund the fee paid for the infringing IP, pro-rated over a sixty(60)month period from
the date of delivery of the IP. This Section states the entire liability of Quest, and Customer's sole and exclusive remedy, with
respect to an IP Claim.
Rev 01-20-11 Page 4 of 6
r the sole purpose of, enabling Quest to perform its
obligations under this Agreement and may take place in any of the countries in which Quest and its Affiliates conduct business, which may
include countries outside of the European Economic Area. Quest hereby affirms to Customer that Quest Software, Inc.currently abides by the
safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of data from the European
Union.
REV 09-28-09 CONFIDENTIAL Page 5 of 6
ority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and
Owner to furnish timely information or approve or disapprove of regulations as they apply to the project.
the A/E's services or work product promptly,or delays caused by
4
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JAR:0 CIVed __ 't,•, _________,,____
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to businesses
which provide onsite consulting and training services for commercial software products.
(k) Each party is acting as an independent contractor under this Agreement and nothing contained herein shall be construed to
create or imply any agency,joint venture,partnership,principal-agent or employment relationship between the parties. Neither parry's
employees,agents,nor consultants shall be considered under any circumstances to be employees,agents or consultants of the other
party.
This Agreement,the SO, and any properly executed addendum or exhibits(if any)thereto contains the entire agreement between
the parties regarding the subject matter hereof and supersedes any and all other agreements and communications,written or oral,
express or implied. The terms of this Agreement shall control over any conflicting terms and conditions'contained in the SO,
unless the terms or conditions in the SO are expressly intended to modify this Agreement.
Rev 01-20-11 Page 6 of 6
eavor to provide Customer with thirty (30).days written notice prior to the effective date of any
cancellation in the insurance, except ten (10)days in the event of the non-payment of premium. Coverage shall be placed with
insurers rated A-VI or better,as rated by A.M. Best's.
Rev 01-20-11 Page 5 of 6
sulting from a modification of the IP other than by Quest, (iii)based on Customer's use of the
IP after Quest recommends discontinuation because of possible or actual infringement, (iv) based on Customer's use of a
superseded or altered release of IP, if the infringement would have been avoided by use of a current or unaltered release of the IP
made available to Customer, or(v)to the extent the IP Claim arises from, or is based on, the use of the IP with other products,
services, or data not supplied by Quest, if the infringement would not have occurred but for such use. If Customer's use of the IP
is enjoined as a result of an IP Claim, Quest shall, at its expense and option either(i)obtain for Customer the right to continue
using the IP, (ii)replace the IP with a functionally equivalent non-infringing product, (iii)modify the IP so that it is non-infringing,or
(iv)accept the return of the infringing IP and refund the fee paid for the infringing IP, pro-rated over a sixty(60)month period from
the date of delivery of the IP. This Section states the entire liability of Quest, and Customer's sole and exclusive remedy, with
respect to an IP Claim.
Rev 01-20-11 Page 4 of 6
r the sole purpose of, enabling Quest to perform its
obligations under this Agreement and may take place in any of the countries in which Quest and its Affiliates conduct business, which may
include countries outside of the European Economic Area. Quest hereby affirms to Customer that Quest Software, Inc.currently abides by the
safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of data from the European
Union.
REV 09-28-09 CONFIDENTIAL Page 5 of 6
ority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and
Owner to furnish timely information or approve or disapprove of regulations as they apply to the project.
the A/E's services or work product promptly,or delays caused by
4
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,Boys&Girls Clubs of the Midlands,a Nebraska Non Profit Corporation,and Douglas
County School District 0001,a Nebraska Political Subdivision,propose to build a subdivision to be
known as First Addition to South Omaha Replat 1 (Lots 1 and 2),which will be located Southeast of
22' and "0" Streets; and,
WHEREAS Boys&Girls Clubs of the Midlands,a Nebraska Non Profit Corporation,
and Douglas County School District 0001, a Nebraska Political Subdivision, will build public and
private improvements in this subdivision; and,
WHEREAS, a Subdivision Agreement has been prepared setting forth all the
provisions mentioned above.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT,the Subdivision Agreement among the City of Omaha,Boys&Girls Clubs of
the Midlands, a Nebraska Non Profit Corporation, and Douglas County School District 0001, a
Nebraska Political Subdivision,as recommended by the Mayor,providing for public improvements,
is hereby approved. The Subdivision is to be known as First Addition to South Omaha Replat 1
(Lots 1 and 2) and is located Southeast of 22"d and"0" Streets.
P:\msp\1258msp.doc APVED AS TO FORM:
ha; : 4A27 tz
ITY ATTORNEY DATE
•
By
Council mb r
Adopted MAY - 1 2012/,‘V4Z
City Jerk J5/2//2
Approved de .
ayor
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JAR:0 CIVed __ 't,•, _________,,____
.
=..-_ -:_-.t_7—
. . \
., .. .
to businesses
which provide onsite consulting and training services for commercial software products.
(k) Each party is acting as an independent contractor under this Agreement and nothing contained herein shall be construed to
create or imply any agency,joint venture,partnership,principal-agent or employment relationship between the parties. Neither parry's
employees,agents,nor consultants shall be considered under any circumstances to be employees,agents or consultants of the other
party.
This Agreement,the SO, and any properly executed addendum or exhibits(if any)thereto contains the entire agreement between
the parties regarding the subject matter hereof and supersedes any and all other agreements and communications,written or oral,
express or implied. The terms of this Agreement shall control over any conflicting terms and conditions'contained in the SO,
unless the terms or conditions in the SO are expressly intended to modify this Agreement.
Rev 01-20-11 Page 6 of 6
eavor to provide Customer with thirty (30).days written notice prior to the effective date of any
cancellation in the insurance, except ten (10)days in the event of the non-payment of premium. Coverage shall be placed with
insurers rated A-VI or better,as rated by A.M. Best's.
Rev 01-20-11 Page 5 of 6
sulting from a modification of the IP other than by Quest, (iii)based on Customer's use of the
IP after Quest recommends discontinuation because of possible or actual infringement, (iv) based on Customer's use of a
superseded or altered release of IP, if the infringement would have been avoided by use of a current or unaltered release of the IP
made available to Customer, or(v)to the extent the IP Claim arises from, or is based on, the use of the IP with other products,
services, or data not supplied by Quest, if the infringement would not have occurred but for such use. If Customer's use of the IP
is enjoined as a result of an IP Claim, Quest shall, at its expense and option either(i)obtain for Customer the right to continue
using the IP, (ii)replace the IP with a functionally equivalent non-infringing product, (iii)modify the IP so that it is non-infringing,or
(iv)accept the return of the infringing IP and refund the fee paid for the infringing IP, pro-rated over a sixty(60)month period from
the date of delivery of the IP. This Section states the entire liability of Quest, and Customer's sole and exclusive remedy, with
respect to an IP Claim.
Rev 01-20-11 Page 4 of 6
r the sole purpose of, enabling Quest to perform its
obligations under this Agreement and may take place in any of the countries in which Quest and its Affiliates conduct business, which may
include countries outside of the European Economic Area. Quest hereby affirms to Customer that Quest Software, Inc.currently abides by the
safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of data from the European
Union.
REV 09-28-09 CONFIDENTIAL Page 5 of 6
ority to act in a timely manner, failure of the federal, state and local laws, rules, codes, ordinances and
Owner to furnish timely information or approve or disapprove of regulations as they apply to the project.
the A/E's services or work product promptly,or delays caused by
4
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be added. Each user interface server can handle up to four analytics engines before an
additional user interface server needs to be added.
23
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CONTINUATION SHEET
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