RES 2010-0808 - Appoint Curtis Christensen to downtown business improvement area board F 0 AHA,rNEB
0. v� `,_if, S i_ ro
` � p� Office of the Mayor
rz 1' ' ' 1 0 AI N 2 5 AM 9 53 1819 Famam Street,Suite 300
'7 IX �►
�.� '�,,��..�•� Omaha,Nebraska 68183-0300
�. (402)444-5000
AO��T6D FE9RVr�ary �`[! � '" ` # FAX:(402)444-6059
OMAHA,
City of Omaha
Jim Suttle,Mayor
Honorable President
and Members of the City Council,
Attached for your consideration is a Resolution reappointing Curtis Christensen to the Downtown
Business Improvement Area Board.
The Statute provides that five or more board members may serve on the board and that the members
of the Business Improvement Board shall consist of property owners,residents,business operators,
or users of space within the business area to be improved.Mr.Christensen meets the qualification by
being a business operator within the district.I would recommend Mr.Christensen's reappointment to
the board to serve from July 13, 2010 until his term shall expire on July 12, 2015.
Respectfully submitted, .
, vm Suttle, Mayor
`' City of Omaha •
p:\law-city council documents\2010\10116dae.doc i
conditions of the Nebraska Department of Roads.Surface Transportation Program Enhancement
in regard to the appointment of the individual as "Responsible Charge" and the rules and
regulations for the transportation construction projects mentioned in this resolution and that the
Mayor and City Clerk are authorized to sign and attest the attached Nebraska Department of
Roads Agreement.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OMAHA:
THAT, the Parks Recreation and Public Property Department has named Dennis
E. Bryers, FASLA, Park Planner II, as "Responsible Charge" for the following projects: NDOR
Project No. DPS-28 (70), CN 21973, Omaha Riverfront 4 — Miller's Landing to Locust Street;
and NDOR Project No. ENH-28 (88) CN.22250, Keystone Trail East Connector Phase One,
Karen Park to South 45th and Dayton Streets.
APPROVED AS O
By 944-7 fig"1244114. ' _.
Councihnember
GSo /O
Adopted J.. ...1..3..20.1f... 1 0 CITY ATTORNEY' DATE
13 '7
- City lerk7/� ��
Approved
/ram
Mayor
n
Roll Call: Yes — No Abstained Absent
Resolution adopted,signed and billed as adopted
Attest:
[Signature of City or County Clerk or Notary Public]
APPROVE AS TO FORM:
Approved: - --- )
Mayor
DEPUTY CITY ATTORNEY
R immediately in the event the designated RC(s)will no longer be
assigned to the project. A supplemental agreement designating a replacement RC may be
required by NDOR.
12) It is ultimately responsible for complying with all federal and state requirements and
policies applicable to federal-aid highway projects. This includes meeting all post-
construction environmental commitments. The LPA understands that failure to meet any
eligibility requirements for federal funding may result in the loss of all Federal funding for
the project. In the event that the acts or omissions of RC,the LPA or its agents or
representatives result in a finding that a project is ineligible for Federal funding,the LPA
will be required to repay NDOR some or all previously paid Federal funds and any costs or
expenses NDOR has incurred for the project, including but not limited to,those costs for
the RC.
The City of Omaha understands that the following are the duties of the RC:
a) Serve as the LPA's contact for issues or inquiries for Federal-aid projects assigned by the
LPA;
1
(CORPORATE SEAL)
STATE OF NEBRASKA )
) §
COUNTY OF DOUGLAS )
On this 21st day of July, 2006, before me, the undersigned, a Notary Public duly commissioned and qualified in and for said county,
personally came Monique M. Cribbs, a single person, to me known to be the person(s) named in and who executed the foregoing instrument, and
acknowledged that she executed the same as her voluntary act and deed for the purposes therein stated.
Witness my hand and notarial seal the day and year last above written.
My commission expires
Notary Public
State
GENERAL NOTARY- N Nebraska.
al KELLYJ.;19UNDT
Comm.Exn. ;larch 28.2008
- Page 6 of 6 Revised 1/31/06
rior or superior hereto,
and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount
so expended on demand of Beneficiary.
IT IS MUTUALLY AGREED THAT:
9. Litigation:Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security
hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to
prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation
so to do, to commence, appear in or defend any such action,whether brought by or against Trustor, Beneficiary or Trustee,or with or without
suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action
or proceeding; and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action
therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said
purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor
on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attomey's fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to
any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor,whether by way of judgment, settlement or
otherwise,(a)for injury or damage to such property,or(b)in connection with any condemnation for public use or injury to such property or any
part thereof, or (c) in connection with the transaction financed by the loan secured hereby, or(d) arising out of all causes of action, whether
accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a
material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby
absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in,
appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such
taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as
Beneficiary may acquire.
Page 3 of 6 Revised 1/31/06
1
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, by virtue of Nebraska State Statutes, there now existsa Downtown
Business Improvement Area in Omaha as created by the City Council; and
WHEREAS, Section 19-4021 of the Nebraska Revised Statues provides for the
appointments to the Business Improvement Board to be made by the Mayor, with approval of the
City Council; and,
WHEREAS, Section 19-4021 of the Nebraska Revised Statues provides further that
the members of the Business Improvement Board shall consist of property owners, residents,
business operators, or users of space within the business area to be improved; and,
WHEREAS, Section 19-4022 of the Nebraska Revised Statutes provides that a
Business Improvement Board shall consist of five or more members; and,
WHEREAS,the Mayor would like to reappoint Curtis Christensen as a member to the
Downtown Business Improvement Area Board; and,
WHEREAS,the City Council of the City of Omaha is being requested by Mayor Jim
Suttle to confirm the reappointment of Curtis Christensen,Partner,Kutak Rock LLP, 1650 Farnam
Street, Omaha, NE 68102, as a member of the Downtown Business Improvement Area Board to
serve from July 13, 2010 until his term shall expire on July 12, 2015.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT,the appointment by the Honorable Jim Suttle of Curtis Christensen,Partner,
Kutak Rock LLP, 1650 Farnam Street, Omaha, NE 68102, to be a member of the Downtown
Business Improvement Area Board to serve from July 13,2010 until his term shall expire on July 12,
2015, is hereby confirmed by the City Council.
APPROVED AS TO FORM:
_c 1\ (/L U
ASSISTANT CITY ATTORNEY Date
p:\law-city council documents\2010\10117dae.doc
By 9°Vt-C4441 4/"'"4""444.
Councilmember
Adopted JUL 1 3 70 9-0
Ci ClerlyJl//��
Approved '"
Mayor
Streets.
APPROVED AS O
By 944-7 fig"1244114. ' _.
Councihnember
GSo /O
Adopted J.. ...1..3..20.1f... 1 0 CITY ATTORNEY' DATE
13 '7
- City lerk7/� ��
Approved
/ram
Mayor
n
Roll Call: Yes — No Abstained Absent
Resolution adopted,signed and billed as adopted
Attest:
[Signature of City or County Clerk or Notary Public]
APPROVE AS TO FORM:
Approved: - --- )
Mayor
DEPUTY CITY ATTORNEY
R immediately in the event the designated RC(s)will no longer be
assigned to the project. A supplemental agreement designating a replacement RC may be
required by NDOR.
12) It is ultimately responsible for complying with all federal and state requirements and
policies applicable to federal-aid highway projects. This includes meeting all post-
construction environmental commitments. The LPA understands that failure to meet any
eligibility requirements for federal funding may result in the loss of all Federal funding for
the project. In the event that the acts or omissions of RC,the LPA or its agents or
representatives result in a finding that a project is ineligible for Federal funding,the LPA
will be required to repay NDOR some or all previously paid Federal funds and any costs or
expenses NDOR has incurred for the project, including but not limited to,those costs for
the RC.
The City of Omaha understands that the following are the duties of the RC:
a) Serve as the LPA's contact for issues or inquiries for Federal-aid projects assigned by the
LPA;
1
(CORPORATE SEAL)
STATE OF NEBRASKA )
) §
COUNTY OF DOUGLAS )
On this 21st day of July, 2006, before me, the undersigned, a Notary Public duly commissioned and qualified in and for said county,
personally came Monique M. Cribbs, a single person, to me known to be the person(s) named in and who executed the foregoing instrument, and
acknowledged that she executed the same as her voluntary act and deed for the purposes therein stated.
Witness my hand and notarial seal the day and year last above written.
My commission expires
Notary Public
State
GENERAL NOTARY- N Nebraska.
al KELLYJ.;19UNDT
Comm.Exn. ;larch 28.2008
- Page 6 of 6 Revised 1/31/06
rior or superior hereto,
and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount
so expended on demand of Beneficiary.
IT IS MUTUALLY AGREED THAT:
9. Litigation:Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security
hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to
prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation
so to do, to commence, appear in or defend any such action,whether brought by or against Trustor, Beneficiary or Trustee,or with or without
suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action
or proceeding; and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action
therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said
purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor
on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attomey's fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to
any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor,whether by way of judgment, settlement or
otherwise,(a)for injury or damage to such property,or(b)in connection with any condemnation for public use or injury to such property or any
part thereof, or (c) in connection with the transaction financed by the loan secured hereby, or(d) arising out of all causes of action, whether
accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a
material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby
absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in,
appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such
taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as
Beneficiary may acquire.
Page 3 of 6 Revised 1/31/06
° o y
Erg) 7d
CD
n N 2 N C O Div, ��
r
•
c aNC '- Ky =
g • ,.b �• O0LAv,•
Z
CD
t r— ,., -- --- g
cto V (7 \\ z N CD O c4 CD r*
5-- , ti = c:''( .\ '
CD ,_, O ry
cr
I
• 0CDfir.
•
•
:'
..CC F. fi ' 1 i'.
-- a
i
t,µ ' , r•a-,�i
n r,
r
Thanks for your time and consideration.
•
Sincerely,
A ,
Moniq . Cribbs
Morgan Holmes
Member of the Board of Directors
•