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RES 2012-0276 - Sale of surplus property at 325 S 16th St to Dicon Inc C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,the City of Omaha is the owner of a parcel of land located at 325 South 1011,Street,no longer needed for public purposes for the City of Omaha legally described as follows: The South 88 feet of Lot 5, along with the South 88 feet of the West '/2 of Lot 6, Block 139, Original City of Omaha, a subdivision as surveyed and recorded in Douglas County, Nebraska. WHEREAS, Section 5.20 of the Home Rule Charter, City of Omaha, 1956, as amended,provides for the disposal of real property holdings of the City of Omaha that are no longer needed for public purposes; and WHEREAS, on February 1, 2012, the Planning Board of the City of Omaha, upon recommendation of the Planning Department, recommended the disposal of said property; and WHEREAS, pursuant to Omaha Municipal Code Sec. 27-52, the Appraisal Committee of the City of Omaha has appraised the value of the said real property to be One Hundred Fifty Thousand Dollars ($150,000.00); and, WHEREAS, the City Council is waiving the public auction for disposal of City property as allowed by Section 27-71 of the Omaha Municipal Code; and, WHEREAS, the City of Omaha requested proposals for the purchase, use and development of the real property; WHEREAS, Dicon, Inc. wishes to purchase the property for One Hundred Fifty- Seven Thousand Five Hundred Dollars ($157,500.00), which is greater than the appraised value. By Councilmember Adopted City Clerk Approved • Mayor Mayor REAS, the reported conduct by the licensee and/or its agents and employees show a continuing pattern of conduct that constitutes good cause for the license to be cancelled or revoked; and, By Counci lmember Adopted City Clerk Approved Mayor representative met with the owners of both of these businesses and discussed operational changes aimed at eliminating the problems. Those changes either were not implemented or did not work as the disturbances and assaults continued with increasing use of police resources. Because the reports show the disturbances may involve customers from both of these businesses, a resolution setting a hearing to consider cancelling or revoking the license at Barfly is also on your agenda.The Law Committee recently met with the owners and voted unanimously to bring this issue to the full Council. .t This resolution does not determine whether the license should be canceled or revoked. The only question now is whether there is sufficient reason to believe that violations of law or regulations have occurred or that cause exists for cancellation or revocation. You may choose either cancellation or revocation as either method will take away the licenser But a revocation will prohibit the licensee from receiving another liquor license. A vote on cancelling or revoking the license will be taken at a future meeting. aham Construction $0.10 per LF $1,200.00 L.G. Roloff Construction Company, Inc. $0.09 per LF $1,080.00 TAB Construction Company $0.15 per LF $1,800.00 Page 22 of 23, 2/8/2012 2:31:15 PM, Bid Tabulation, Generated by:guygerhard for project OPW 51399 $10,970.00 TAB Construction Company $14.00 per TON $7,000.00 Page 21 Of 23, 2/8/2012 2:31:15 PM, Bid Tabulation, Generated by:guygerhard for project OPW 51399 rated by:guygerhard for project OPW 51399 ocx rom Contractor or any third party will not be limited by the amount of the required insurance coverage. • Exhibit C Page 2 h:\nebraska properties\douglas county\2662-48 nicholas st city of omaha easement\2662-48 east end exhibit e contractor's right of entry agreement.docx on or industrial insurance acts to indemnify the Indemnified Parties under this Section 8. Contractor acknowledges that this waiver was mutually negotiated by the parties hereto. d. No court or jury findings in any employee's suit pursuant to any worker's compensation act or the Federal Employers' Liability Act against a party to this Agreement may be relied upon or used by Contractor in any attempt to assert liability against any Indemnified Party. Exhibit B Page 3 of 4 h:\nebraska properties\douglas county12662-48 nicholas st.city of omaha easement\2662-48 east end exhibit e contractor's right of entry agreement.docx ibit e contractor's right of entry agreement.docx continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be Exhibit B Page 1 of 4 h:\nebraska properties\douglas county\2662-48 nicholas st city of omaha easement12662-48 east end exhibit e contractor's right of entry agreement.docx -48 east end exhibit e contractor's right of entry agreement.docx agreement.docx C-25A P,AGE 2 CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,the sale of the surplus property located at 325 South 16th Street to Dicon;"-Inc. 1 for the sum of$157,500.00 is hereby approved. - BE IT FURTHER RESOLVED: ' THAT, upon the payment of the appraised price, the Mayor shall be authorized to execute and deliver a deed of such property to Dicon, Inc. PP VED AS T . ,- 2 2.3/f2 TY ATTORNEY D TE PIn2613ece By u ilmember Adopted F 2. 8 2°12 /2-o - : 74. . .. at Clerk/2.._ Approved Mayor \ project OPW 51399 Cotincilmember FEB 2 8 2012 A Adopted , c., Clerk3 /I// Approved 4.. Mayor of 3 • • b 4E. dnv xcD• N ( C p. K ° 08 `•.h cn CD o jüjjij r. rri CD al • Pit OU N.) a n o� r.o�, 4„ o c? 0 ci.H1:3 'X.\ • \ 0 ,s2. (c-ir) IL-_,-; fa, ,.-,, rat- co `1-1)) '-C ril ',-7-- ' o. `` n. ar R n ¢. N .. Q. N Q. r . . . • • k• • , ,'; ; I d Mayor \ project OPW 51399 Cotincilmember FEB 2 8 2012 A Adopted , c., Clerk3 /I// Approved 4.. Mayor of 3