RES 2011-0691 - Amendment to agmt with SID 388 Banyan Hills for Lakeside Park improvements ' `
of°vim'''.ik,BR Parks,Recreation&
'si � CEIVED Public Property Department
,E��6 31 n Omaha/Douglas Civic Center
�,,�,, ' ee441 ,x �g ,. 1819 Farnam Street,Suite 701
°' 1 I HAY 2 6 PM 31 07 Omaha,Nebraska 68183-0701
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(402)444-5900
A°��TED FEB03. CITY CLERK FAX(402)444 4921
:
City of Omaha' A i',# , t'#F.3 RASAA
Jim Suttle,Mayor June 7, 2011
Honorable President
and Members of the City Council,
The purpose of the attached Resolution is to approve Amendment No. 3 to the Interlocal
Cooperation Agreement between the Sanitary and Improvement District No. 388 (S&ID),
Banyan Hills, and the City of Omaha, the successor in interest to the S & ID Nos. 381,
Lakeside Hills and 391, Spring Ridge. Amendment No. 3 adds Sections 10, 11, and 12 to
the Interlocal Cooperation Agreement to provide for the construction and installation of
improvements to Lakeside Park, a public park extending from 173rd to 175th and Frances
Street.
The Parks, Recreation Department requests your consideration and approval of the
attached Resolution and Amendment to the Interlocal Cooperation Agreement.
Respectfully submi ed, Referred to City Council for
Consideration:
e mda earson Date M/Vilf----01A---'
Office/Title Date
Parks, Recreation and
Public Property
I
Approved as to Funding:
1
,,,, ,,,,7:;,.....„- ._,_6_,, 1
Pam Spaccarotella �Date
Finance Director �(`r';j r
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, Omaha,
Nebraska 68104; and,
WHEREAS, the LP has requested that the City consent to the transfer of interest,
assignment of rights and obligations related to the HOME Program Loan Agreement and
NAHTF Program Grant Agreement, and modify the loan terms; and
WHEREAS, it is in the best interests of the residents of the City of Omaha that the
City consent to the transfer, assignment, and loan modifications to enable this Project to continue
to provide rental transitional housing units to formerly homeless families and individuals.
By
Councilmember
Adopted
City Clerk
Approved
Mayor
the remaining
provisions hereof or affecting the validity or enforceability of such provision in any
other jurisdiction.
6.16 Nebraska Law. This Agreement shall be a contract made under and governed by the
laws of the State of Nebraska.
6.17 This Agreement shall be binding upon the parties hereto and shall run with the
Property.
- 11 -
f the Owner, contractor or subcontractor
which are directly pertinent to this project for the purpose of making audit,
examination, excerpts and transcriptions. Such records and accounts shall be retained
for five (5) years from the contract period completion. Any contract entered into by
unless same was expressly included in one or more of the above-mentioned
documents as approved.
- 5 -
encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
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of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
{
•
AMENDMENT NO. 3 TO INTERLOCAL COOPERATION AGREEMENT
This Amendment No. 3 to Interlocal Cooperation Agreement (herein "Amendment
Agreement")is made and entered into by and between Sanitary and Improvement District No. 388,
Douglas County, Nebraska ("District 388") and the City of Omaha (the "City"), the successor in
interest to Sanitary and Improvement District 381,Douglas County,Nebraska("District 381") and
Sanitary and Improvement District No. 391, Douglas County,Nebraska("District 391").
WITNESSETH:
WHEREAS,District 381,District 391 and District 388 previously entered into an Interlocal
Cooperation Agreement (herein "Interlocal Agreement") for the installation and construction of
improvements for Phase I of a public park situated within each of the Districts and extending from
173rd and Frances Street to 175`h and Frances Street, which improvements are described therein as
"Phase I Lakeside Park Improvements"; and
WHEREAS, pursuant to the Interlocal Agreement as amended by Amendment No. 1 to the
Interlocal Agreement,the installation and construction of the Phase I Lakeside Park Improvements
has been completed; and
WHEREAS, District 381, District 391 and District 388 agreed to make certain additional
improvements to the Lakeside Park in Amendment No. 2 to the Interlocal Agreement, which
improvements are described therein as "Phase II Lakeside Park Improvements;"and
WHEREAS, the construction and installation of the Phase II Lakeside Park Improvements
has been completed; and
WHEREAS, the City has acquired all the interest of District 381 and District 391 in the
Lakeside Park and the Interlocal Agreement, as amended; and
WHEREAS, the City and District 388 have agreed upon a plan for the installation and
construction of additional improvements to the Lakeside Park, which shall generally consist of
installing a ball field,which park improvements will serve and benefit the City and District 388,all
of such improvements being more particularly set forth on the engineer's estimate for the project
attached hereto as Exhibit"A"(herein"Phase III Lakeside Park Improvements"); and
WHEREAS, District 388 will bear the cost and expense of the initial installation and
construction of the Phase III Lakeside Park Improvements; and
WHEREAS, it is further contemplated by the City and District 388 that the ongoing repair
and maintenance of the Phase III Lakeside Park Improvements will be performed by the City and that
the cost and expense thereof shall continue to be shared between the City and District 388 as
parties hereto and shall run with the
Property.
- 11 -
f the Owner, contractor or subcontractor
which are directly pertinent to this project for the purpose of making audit,
examination, excerpts and transcriptions. Such records and accounts shall be retained
for five (5) years from the contract period completion. Any contract entered into by
unless same was expressly included in one or more of the above-mentioned
documents as approved.
- 5 -
encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
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of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
provided in the Interlocal Agreement; and
WHEREAS, it is therefore necessary to amend the Interlocal Agreement to provide for the
construction and installation of the Phase III Lakeside Park Improvements on the terms and
provisions hereinafter more particularly set forth;
NOW, THEREFORE, in consideration of the foregoing recitals,which are made a part of
this Amendment Agreement,the parties hereto agree as follows:
1. There shall be added to the Interlocal Agreement Sections 10, 11,and 12 which will
provide as follows:
SECTION 10. District 388 agrees to perform or cause to be performed as appropriate,the
following:
(a) To advertise and conduct a public letting and receive bids on the Phase III Lakeside
Park Improvements. District 388.will award the contract to the lowest responsible bidder and said
contract will be signed only by District 388. District 388 will provide the City with copies of the
engineer's summary of all bid proposals and the construction contract finally issued to the successful
bidder for the Phase III Lakeside Park Improvements.
(b) To cause the construction of the Phase III Lakeside Park Improvements in accordance
with the design and construction plans and specification prepared by Thompson,Dreessen&Dorner,
Inc., which shall be consistent with the engineer's estimate attached hereto as Exhibit"A."
(c) To secure all City of Omaha approvals for the installation and construction of the
Phase III Lakeside Park Improvements and supervise and provide project inspection,and testing of
soil compaction and other required tests for such Phase III Lakeside Park Improvements.
SECTION 11. District 388 and the City,successor in interest to District 381 and District 391,
agree that the total estimated project cost for the Phase III Lakeside Park Improvements is in the
amount of$25,000.00(herein"Project Cost"),which Project Cost includes an estimated construction
cost of$18,440.00,and other estimated costs for engineering,testing,legal,financing,publication
and miscellaneous costs of$6,560.00. The City and District 388 agree that District 388 will be
responsible for paying the entire Project Cost and any cost overruns in excess of the Project Cost.
SECTION 12. All costs and expenses for repairs and maintenance of all Phase III Lakeside
Park Improvements shall be shared between District 388 and the City, as successor in interest to
District 381 and District 391,and paid as provided in Section 3 of the Interlocal Agreement with the
City being responsible for the shares of both District 381 and District 391 thereunder.
2. Except as amended herein, the Interlocal Agreement shall otherwise remain
unmodified and in full force and effect.
2
for the purpose of making audit,
examination, excerpts and transcriptions. Such records and accounts shall be retained
for five (5) years from the contract period completion. Any contract entered into by
unless same was expressly included in one or more of the above-mentioned
documents as approved.
- 5 -
encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
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of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
•
• IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by
their proper officials thereunto duly authorized as of the dates below indicated.
Executed by District 388 this 25th day of February , 2011.
SANITARY AND IMPROVEMENT DISTRICT NO.
388 OF DOUGLAS COUNTY,NEBRASKA
BY: r , 1 \,QAQ,
Chairman
Attest:
W,IAI itit 9 7()0,
Its Clerk
EXECUTED THIS g4day of_,S , 2011.
CITY OF OMAHA
,,-
BY: //:. , i ,,//r
00411301.WPD yor
/
Attest: r'
doc/
City{of Omaha Clerk
•r ,
APPROVED AS TO FORM:
. 1 ; (2. vi, l/(,(_)1--026,- //
DEPUTY CITY ATTORNEY
3
l
•
•
w s i
EXHIBIT "A"
•
• 2 THOMPSON DREESSEN & DORNER INC.
7 7
Consulting Engineers & Land Surveyors .•
• • Robert E.Dreessen,P.E. David H.Neef,L.S. •
• Ka"Kip"P.Squire I(l, P.E.,S.E. Ronald M.Koenig,LS.
Michael J.Smith,L.S.
Douglas S.Dreessen,P.E.
Troy J.Nissen,P.E.,S.E.
• April 20,2010 Chris E.Dorner,L.S. Douglas E.Kellner,P.E.
Nelson J.Hymans,RE, Gary A.Norton,P.E.
•
James D.Warner,L.S. • Brian L.Lodes,P.E.LEED AP
Charles E• .Riggs,P.E. Kurds L Rohn,P.E
Chairman and Board of Trustees John M.Kottmann,P.E. Jeffrey LThompson,P.E.
• Sanitary and Improvement District No,388
Arthur D.Beccard,P.E. Daren A.Konda,P.E.
of Douglas County,Nebraska Dean A.Jaeger,P.E.
Michael T.Caniglfa,L.S.
do Mr,James Kosher,Attorney Richard M.Broyles,LS. JeremyT.Steenhoek,P.E.
1250 Omaha Tower Joshua J.Storm,P.E.
2120 South 72nd Street •
Omaha,NE 68124 •
RE: Ball Field Estimate
TD2 File No.953-119.3
Board Members:
The following is the Engineers Estimate of Costs and Quantities for Construction of the above-referenced
project:.
Approx. •
Item Description Quantity Unit Unit Price Amount
1 Common Exouvutiun,Established Quantity 2,580 C.Y. $2,00 $5,160,00
2 Strippings(760 C.Y.Moved Twice), •
Established Quantity I,520 C.Y. $1.50 $2,280.00
3 Turf Seeding w/Mulch,in place 1.5 EA. $2,000.00 $3,000.00
4 Erosion Control Matting,in place 2,000 S.Y. $2.50 $5,000.00
5 Silt Fence,in place 600 L.F. $3.00 $1,800.00
6 Stabilized Construction Entrance,in place I BA. $1,200,00 $1,200.00
Estimated Total Construction Costs $18,440.00 •
Estimated Engineering,Legal&Miscellaneous Costs $6,560.00
Estimated Total Project Costs $25,000.00
•
Submitted by,
THOMPS N SSEN&DO•
•
Douglas E.Ke er,P,E. •
•
DEK/bjh • •
Civil, Structural, Geotechnical, Environmental Engineering & Land Surveying •
10836 Old Mill Road Omaha,Nebraska 68154-2685 402-330-8860 Fax 402-330-5866 www.td2co.com
EXHIBIT "A"
oth District 381 and District 391 thereunder.
2. Except as amended herein, the Interlocal Agreement shall otherwise remain
unmodified and in full force and effect.
2
for the purpose of making audit,
examination, excerpts and transcriptions. Such records and accounts shall be retained
for five (5) years from the contract period completion. Any contract entered into by
unless same was expressly included in one or more of the above-mentioned
documents as approved.
- 5 -
encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
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-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Sanitary and Improvement District (S&ID) No. 388 (Banyan Hills),
along with S&ID Nos. 381 (Lakeside Hills) and 391 (Spring Ridge), previously entered into an
Interlocal Cooperation Agreement, and Amendment Nos. 1 and 2 thereto, for the installation and
construction of certain park improvements to Lakeside Park, extending from I73rd to 175th and
Frances Street; and,
WHEREAS, such park improvements have been completed and, S& ID Nos. 381
and 391 have been annexed by the City of Omaha; and, 1
WHEREAS, the City and S&ID No. 388 desire to amend such Interlocal
Cooperation Agreement with Amendment No. 3 to provide for construction and installation of
Phase III of the Lakeside Park Improvements, in the estimated amount of$25;000 to be paid by
S&ID No. 388, and to provide that the .cost of future repair and maintenance of such Phase III
Lakeside Park Improvements shall be divided between the City and S&ID No. 388 as set forth in
Amendment No. 3; and,
WHEREAS, the Mayor recommends approval of this Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, Amendment No. 3 to the Interlocal Cooperation Agreement between the
City of Omaha and S&ID No. 388 (Banyan Hills),to provide for the construction and installation
of the Phase III Lakeside Park Improvements, a public park extending from 173rd to 175th and
Frances Street, in the estimated amount of$25,000,with such cost to be borne by S&ID No. 388,
is hereby approved.
APPROVED AS TO FORM:
a —ada -*
DEP9,1k CITY ATTORNEY DATE
p:1410tmb l//
By.
C icilmember
Adopted JUN 0 7 2011 0
City Clerk 0/
Approved... ,
Mayor
6 Stabilized Construction Entrance,in place I BA. $1,200,00 $1,200.00
Estimated Total Construction Costs $18,440.00 •
Estimated Engineering,Legal&Miscellaneous Costs $6,560.00
Estimated Total Project Costs $25,000.00
•
Submitted by,
THOMPS N SSEN&DO•
•
Douglas E.Ke er,P,E. •
•
DEK/bjh • •
Civil, Structural, Geotechnical, Environmental Engineering & Land Surveying •
10836 Old Mill Road Omaha,Nebraska 68154-2685 402-330-8860 Fax 402-330-5866 www.td2co.com
EXHIBIT "A"
oth District 381 and District 391 thereunder.
2. Except as amended herein, the Interlocal Agreement shall otherwise remain
unmodified and in full force and effect.
2
for the purpose of making audit,
examination, excerpts and transcriptions. Such records and accounts shall be retained
for five (5) years from the contract period completion. Any contract entered into by
unless same was expressly included in one or more of the above-mentioned
documents as approved.
- 5 -
encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
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.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
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of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
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APPROVED AS TO FORM:
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DEPUTY CITY ATTORNEY
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