2020-06-16 SID 303 Minutes (2) CERTIFICATE
The undersigned hereby certify that they are the Chairperson and Clerk of Sanitary and Improvement District Number 303
of Douglas County,Nebraska,(the"District")and hereby further certify as follows:
1. Annexed to this certificate is a true and correct transcript of the proceedings of the Board of Trustees of the
District relating to a meeting of said District held on the date and at the time reflected in the meeting minutes contained in said
foregoing transcript(the"Meeting").All of the proceedings of the District and of the Board of Trustees thereof which are set out
in the annexed and foregoing transcript have been fully recorded in the journal of proceedings of the District and the undersigned
District Clerk has carefully compared the annexed and foregoing transcript with said journal and with the records and files of the
District which are in such Clerk's official custody and said transcript is a full,true and complete copy of said journal,records and
files which are set out therein.
2. Advance notice for the Meeting was given by publication as set forth in the affidavit of publication contained in the
foregoing transcript and was mailed to the Clerk of the municipality or,county within whose zoning jurisdiction the District is located
at least seven days prior to the date of the Meeting.Advance notice for the Meeting,including notice of agenda subjects,was given
to all members of the Board of Trustees. All news media requesting notification of meetings of said body were provided with
advance notice of the times and places of such meetings and the subjects to be discussed.
3. All of the subjects addressed at the Meeting were contained in the agenda for the Meeting,which agenda was kept
continually current and readily available for public inspection at the address listed in the meeting notice for the Meeting and a copy
of which is attached to this Certificate;such subjects were contained in said agenda for at least 24 hours prior to the Meeting and
each agenda item was sufficiently descriptive to give the public reasonable notice of the matters to be considered at the Meeting.
4. A current copy of the Nebraska Open Meetings Act was available and accessible to members of the public,posted
during the Meeting in the room in which such Meeting was held and all in attendance at the Meeting were informed that such copy
of the Nebraska Open Meetings Act was available for review and were informed of the location of such copy in the room in which
such Meeting was being held.At least one copy of all resolutions and other reproducible written materials,for which actions are
shown in said proceedings,was made available for examination and copying by members of the public at the Meeting.
5. The minutes of the Meeting were in written form and available for public inspection within ten(10)working days after
the Meeting or prior to the next convened meeting,whichever occurred earlier,at the office of the District;within thirty(30)days
after the date of the Meeting,a copy of the minutes of the Meeting was sent to the Clerk of the municipality or county within whose
zoning jurisdiction the District is located.
6. No litigation is now pending or threatened to restrain or enjoin the District from the issuance and delivery of any
warrants or other obligations issued by the District or the levy and collection of tax or other revenues or relating to any of the
improvements for which any such warrants or other obligations were or are issued nor in any manner questioning the proceedings
and authority under which any such warrants or other obligations were or are issued or affecting the validity thereof;neither the
corporate existence or boundaries of the District nor the title of its present officers to their respective offices is being contested;no
authority or proceedings for the issuance of any warrants or other obligations by the District have been repealed,revoked or rescinded
as of the date hereof. All actions taken by the Board of Trustees referred to in said transcript were taken at a public meeting while
open to the attendance of the public.
IN WITNESS WHEREOF,we have hereunto affixed our official signatures this 16'"day of June 2020
Chairperson
Cl/
MINUTES OF THE MEETING OF THE BOAR OF
TRUSTEES OF SANITARY AND IMPROVEMENT
DISTRICT NO. 303 OF DOUGLAS COUNTY,NEBRASKA
The meeting of the Board of Trustees of Sanitary and Improvement District No. 303 of
Douglas County, Nebraska was convened in open and public session at 8:30 a.m. on June 16,
2020 via telephonic conference call.
Present at the meeting were Trustees Gary Lippstreu, Arun Agarwal, Jeff Kistner, Jay
Kline and Denny Circo. Also present was Mark Johnson, counsel for the District, Kuehl
Capital Corporation, financial advisors of the District and E & A Consulting Group, engineers
for the District.
Notice of the meeting was given in advance thereof by publication in the Daily Record
on June 3, 2020, a copy of the Proof of Publication being attached to these minutes. Notice of
the meeting was simultaneously given to all members of the Board of Trustees and a copy of
their Acknowledgment of Receipt of Notice is attached to these minutes. Availability of the
agenda was communicated in the published notice and in the notice to the Trustees of this
meeting. All proceedings of the Board were taken while the convened meeting was open to the
attendance of the public.
The Chairman then stated that pursuant to Executive Order No. 20-03 Corona Virus
Public Meetings Requirement Limited Waiver issued by Governor Pete Ricketts on March 17,
2020, the Board of Trustees for Sanitary and Improvement District No. 303 of Douglas County,
Nebraska held their meeting at 8:30 a.m. on June 16, 2020, via telephonic means, which meeting
was otherwise held in accordance with the Nebraska Open Meetings Act. By e-mail response,
each of the Trustees hereby acknowledge advance receipt of notice for the aforementioned
meeting and the agenda for the meeting.
The Chairman publicly stated to all in attendance that a current copy of the Nebraska
Open Meetings Act was available for review at https://nebraskalegislature.gov/laws/statues as
defined in Neb. Rev. Stat §84-1409.
The Clerk then certified that notice of this meeting had been given to the City Clerk of
Omaha, Nebraska at least seven days prior to the time set by the Board of Trustees for this
meeting and filed his Certificate to that effect, said Certificate being attached to these minutes
and made a part hereof by this reference.
The Chairman then presented the following statements for payment from the General
Fund Account of the District and the Clerk was directed to attach a copy of said statement to
these minutes:
a) E &A Consulting Group for engineering services. (#151728) $717.36
b) H &H Landscape for mowing maintenance. (#18285, 135738,
18285) $1,563.00
c) Clean Sweep Commercial Parking Lot Services for street
sweeping. (#7075) $400.00
d) Metropolitan Utilities District for gas services. (#112000287013) $256.45
e) PeopleService for operation and maintenance of water
and wastewater collection system. (#35371) $1,949.79
f) Papillion Sanitation for trash removal services. (#5559956)$1,659.84
g) Omaha Public Power District for electrical services.
(#4433000021) $898.02
h) Kuehl Capital Corporation for advisor fees for the General
Fund warrants issued at this meeting. (2.5%) $186.11
i) Ameritas Investment Company LLC for underwriting fees
for the General Fund warrants issued at this meeting. (2%) $152.61
The Chairman then presented the following statements for payment from the Construction
Fund Account of the District and the Clerk was directed to attach a copy of said statement to
these minutes:
a) E& A Consulting Group for engineering services in
connection with 2018 Well#2. (#151729) $14,193.50
b) Skyline Acres LLC in connection with Easement and Land
Acquisition approved by resolution at the meeting held
September 17, 2019. $86,087.00
c) Kuehl Capital Corporation for advisor fees for the General
Fund warrants issued at this meeting. (2.5%) $2,507.01
d) Ameritas Investment Company LLC for underwriting fees
for the General Fund warrants issued at this meeting. (2%) $2,055.75
It was then noted that Trustees Arun Agarwal and Jay Kline abstained from voting on the
approval of the warrant issued to Skyline Acres LLC (Items No. b) which warrant was issued
from the Construction Fund account.
Then, upon a motion duly made, seconded and upon a roll call vote of "aye" by the
Trustees, the following Resolutions were unanimously adopted:/
RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 303 of Douglas County, Nebraska that
the Chair and Clerk be and they hereby are authorized and directed
to execute and deliver Warrant No. 3077 through 3098, inclusive,
of the District, dated the date of this meeting, to the following
payees, for the following services and in the following amounts,
said warrants to draw interest at the rate of 7% per annum, Warrant
Nos. 3077 through 3085, inclusive, to be payable from the General
Fund Account of the District and to be redeemed no later than three
(3) years of the date hereof, being June16, 2023, and Warrant No.
3086 through 3098, inclusive, to be payable from the Construction
Fund Account of the District (interest to be payable on October 10
of each year) and to be redeemed no later than five (5) years of the
date hereof being June 16, 2025 ("Construction Fund Warrants"),
subject to extension of said maturity date by order of the District
Court of Douglas County, Nebraska after notice is given as required
by law; to-wit:
a) Warrant No. 3077 for $717.36 payable to E & A Consulting
Group for engineering services.
b) Warrant No. 3078 for $1,563.00 payable to H & H Landscape
for mowing maintenance.
c) Warrant No. 3079 for $400.00 payable to Clean Sweep
Commercial, Inc. for street sweeping.
d) Warrant No. 3080 for $256.45 payable to Metropolitan Utilities
District for gas service.
e) Warrant No. 3081 for $1,949.79 payable to PeopleService for
operation and maintenance of water and wastewater collection
system.
f) Warrant No. 3082 for $1,659.84 payable to Papillion Sanitation for
trash service removal for July through September 2020.
g) Warrant No. 3083 for $898.02 payable to Omaha Public Power District
for electrical services.
h) Warrant No. 3084 for $186.11 payable to Kuehl Capital Corporation
for advisor services for the General Fund warrants issued at this meeting.
i) Warrant No. 3085 for $152.61 payable to Ameritas Investment
Company LLC for underwriting fees for the General Fund warrants
issued at this meeting.
j) Warrant No. 3086 for $10,000.00 and Warrant No. 3087 for $4,193.50
all payable to E & A Consulting Group for engineering services in
connection with 2018 Well#2.
k) Warrant No. 3088 through 3095, inclusive, each for 10,000.00 $336.80
and Warrant No. 3096 for $6,087.00 all payable to Skyline Acres LLC for
lj
Easement and Land Acquisition approved by resolution at the meeting
held September 17, 2019.
1) Warrant No. 3097 for $2,507.01 payable to Kuehl Capital Corporation
for advisor services for the Construction Fund warrants issued at this
meeting.
m) Warrant No. 3098 for $2,055.75 payable to Ameritas Investment
Corp. for underwriting fees for the Construction Fund warrants issued at
this meeting.
BE IT FURTHER RESOLVED by the Board of Trustees of
Sanitary and Improvement District No. 303 of Douglas County,
Nebraska, that the District hereby finds and determines and
covenants, warrants and agrees as follows in connection with the F
issuance of the Construction Fund Warrants: (i) the improvements
and/or facilities being financed by the Construction Fund Warrants
are for essential governmental functions and are designed to serve
members of the general public on an equal basis; (ii) all said
improvements have from the time of their first acquisition and
construction been owned, are owned and are to be owned by the
District or another political subdivision; (iii) to the extent special
assessments have been or are to be levied for any of said
improvements, such special assessments have been or are to be
levied under Nebraska law as a matter of general application to all
property specially benefitted by said improvements in the District;
(iv) the development of the land in the District is for residential or
commercial use and the development of the land in the District for
sale and occupation by the general public has proceeded and is
proceeding with reasonable speed; (v) other than any incidental use
of said improvements by a developer during the initial period of
development of said improvements, there have been, are and will be
no persons with rights to use such improvements other than as
members of the general public; (vi) none of the proceeds of said
Construction Fund Warrants have been or will be loaned to any
private person or entity; and (vii) and the District does not
reasonably expect to sell or otherwise dispose of said improvements
and/or facilities, in whole or in part, prior to the last maturity of the
Construction Fund Warrants.
BE IT FURTHER RESOLVED by the Board of Trustees of
Sanitary and Improvement District No. 303 of Douglas County,
Nebraska that the District covenants and agrees concerning the
Construction Fund Warrants that: (i) it will comply with all
applicable provisions of the Code, including Sections 103 and 141
through 150, necessary to maintain the exclusion from gross
income for federal income tax purposes of the interest on the
Construction Fund Warrants and (ii) it will not use or permit the use
of any proceeds of the Construction Fund Warrants or any other
funds of the District nor take or permit any other action, or fail to
take any action, if any such action or failure to take action would
adversely affect the exclusion from gross income of the interest on
the Construction Fund Warrants. ha addition, the District will adopt
such other resolutions and take such other actions as may be
necessary to comply with the Code and with all other applicable
future laws, regulations, published rulings and judicial decisions, in
order to ensure that the interest on the Construction Fund Warrants
will remain excluded from federal gross income, to the extent any
such actions can be taken by the District.
The District covenants and agrees that (i) it will comply
with all requirements of Section 148 of the Code to the extent
applicable to the Construction Fund Warrants, (ii) it will use the
proceeds of the Construction Fund Warrants as soon as practicable
and with all reasonable dispatch for the purposes for which the
Construction Fund Warrants are issued, and (iii) it will not invest or
directly or indirectly use or permit the use of any proceeds of the
Construction Fund Warrants or any other funds of the District in
any manner, or take or omit to take any action, that would cause the
Construction Fund Warrants to be "arbitrage bonds" within the
meaning of Section 148(a) of the Code.
The District covenants and agrees that it will pay or provide
for the payment from time to time of all amounts required to be
rebated to the United States pursuant to Section 148(f) of the Code
and any Regulations applicable to the Construction Fund Warrants
from time to time. This covenant shall survive payment in full of
the Construction Fund Warrants. The District specifically
covenants to pay or cause to be paid to the United States, the
required amounts of rebatable arbitrage at the times and in the
amounts as determined by reference to the Code and the
Regulations. Pursuant to the "small issuer exception" set forth
below, the District does not believe the Construction Fund Warrants
will be subject to rebate.
The District covenants and agrees that (to the extent within
its power or direction) it will not use any portion of the proceeds of
the Construction Fund Warrants, including any investment income
earned on such proceeds, directly or indirectly, in a manner that
would cause any Construction Fund Warrant to be a "private
activity bond".
The District makes the following representations in
connection with the exception for small governmental units from
the arbitrage rebate requirements under Section 148(f)(4)(D) of the
Code:
(i) the District is a governmental unit under Nebraska law with
general taxing powers;
(ii) none of the Construction Fund Warrants is a private activity
bond as defined in Section 141 of the Code;
(iii) ninety-five percent or more of the net proceeds of the
Construction Fund Warrants are to be used for local governmental
activities of the District;
(iv) the aggregate face amount of all tax-exempt obligations
(other than "private activity bonds," but including any tax-exempt
lease-purchase agreements) to be issued by the District during the
current calendar year is not reasonably expected to exceed
$5,000,000; and
(v) the District (including all subordinate entities thereof) will
not issue in excess of$5,000,000 of tax-exempt indebtedness (other
than "private activity bonds," but including any tax-exempt
lease-purchase agreements) during the current calendar year
without first obtaining an opinion of nationally recognized counsel
in the area of municipal finance that the excludability of the interest
on the Construction Fund Warrants from gross income for federal
tax purposes will not be adversely affected thereby.
BE IT FURTHER RESOLVED by the Board of Trustees of
Sanitary and Improvement District No. 303 of Douglas County,
Nebraska that the District hereby covenants, warrants and agrees
that to the extent that it may lawfully do so, the District hereby
designates the Construction Fund Warrants as its "qualified tax
exempt obligations" under Section 265(b)(3)(B)(i)(III) of the Code.
BE IT FURTHER RESOLVED by the Board of Trustees of
Sanitary and Improvement District No. 303 of Douglas County,
Nebraska that this and the preceding Resolutions are hereby adopted as
the Certificate with Respect to Arbitrage of the District pertaining to the
Construction Fund Warrants and the District hereby further certifies, as of
the date of the registration of the Construction Fund Warrants with
[Douglas] [Douglas ] County,Nebraska as follows:
1. The District reasonably anticipates that a portion of the monies in
its Bond Fund will be expended for payment of principal of and interest
on the bonds and/or construction fund warrants of the District within 12
months after receipt of such monies. The District hereby establishes a
reserve fund within its Bond Fund in connection with the issuance of the
Construction Fund Warrants in the amount equal to the least of(i) 10% of
the stated principal amount of the Construction Fund Warrants, (ii) the
maximum annual debt service due on the Construction Fund Warrants
during any fiscal year, or (iii) 125% of the average annual debt service for
the Construction Fund Warrants over the term of such warrants. That
amount that is currently held in the District's Bond Fund which exceeds
the amount to be expended for payment of principal and interest on the
bonds and/or construction fund warrants of the District within 12 months
after receipt of such monies, plus that amount arrived at pursuant to the
immediately preceding sentence, will not be invested in any securities or
any other investment obligations which bear a yield, as computed in
accordance with the actuarial method, in excess of the yield on the
Construction Fund Warrants.
2. To the best of their knowledge, information, and belief, the above
expectations are reasonable.
3. The District has not been notified of any listing of it by the
Internal Revenue Service as an issuer that may not certify its debt.
4. This Certificate is being passed, executed and delivered pursuant
to Section 1.148-2 (b) (2) of the Income Tax Regulations under the Code
(the"Regulations").
BE IT FURTHER RESOLVED by the Board of Trustees of
Sanitary and Improvement District No. 303 of Douglas County, Nebraska
the District hereby authorizes and directs the Chair or Clerk to file or
cause to be filed, when due, an information reporting form pursuant to
Section 149(e) of the Internal Revenue Code of 1986, as amended (the
"Code"), pertaining to the Construction Fund Warrants and the General
Fund Warrants;
No opinion of nationally recognized counsel in the area of
municipal finance has been delivered with respect to the treatment of
interest on the General Fund Warrants. Purchasers of the General Fund
Warrants are advised to consult their tax advisors as to the tax
consequences of purchasing or holding the General Fund Warrants.
Code of 1986, as amended (the "Code"), pertaining to the
Construction Fund Warrants and the General Fund Warrants;
No opinion of nationally recognized counsel in the area of
municipal finance has been delivered with respect to the treatment
of interest on the General Fund Warrants. Purchasers of the
General Fund Warrants are advised to consult their tax advisors as
to the tax consequences of purchasing or holding the General Fund
Warrants.
The Chairman then presented the Water Line Easement and Ground Lease for the Board's
review and approval. Following review of said documents, the Chairman and Clerk were the
authorized to executed same and the Clerk was then directed to attach a copy to these minutes.
There being no further business to come before the meeting,the meeting was adjourned.
Chairman Clerk
FULLENKAM ELLER LNJOHNSON' THE
DAILYRECORD
amo EST ER fl 77 ��1�a11��'Jl��i RECORD
1 MAHA, EBRAS c&nOAD OF OMAHA
OMAHA,N OF MEET MEETING
NOTECE OF FIEE7IflG
SANITARY AND IMPROVEMENT JASON W.HUFF,Publisher
DISTRICT NO.3030F.
DOUGLAS COUNTY,NEBRASKA PROOF OF PUBLICATION NOTICE IS HEREBY GIVEN Nat a meeting
of the Board of Trustees of Sanitary.and Im-
provement d District
at -30No.a.m.O3 of n]ne Douglas6, 2020 UNITED STATES OF AMERSCA,
.via telephonic means(Call 1 646 749-3122,Ac- • The State of Nebraska,
cess Code 569-984-389),in person attendance BS.
-is prohibited;pursuant to Executive Order No. District of Nebraska,
20-03 Corona Virus Public Meetings Require- County of Douglas,
ment Limited.Waiver issued.by Governor Pete
Ricketts on March.17,. 2020, which.meeting City of Omaha,
^shall otherwise be held in accordance with
the Nebraska Open Meetings Act. An agenda
for such meeting,kept continuously current is , J.BOYD
available for public Inspection at 11440 West
Center Road, Omaha,Nebraska, and Includes being duly sworn,deposes and says that she is
the payment of bills of the District.
Gary Lippstreu, LEGAL EDITOR
Clerk
6-3-20 of THE DAILY RECORD,of Omaha, a legal newspaper,printed and
published daily in the English language, baying a bona fide paid
circulation in Douglas County in excess of S00 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
DAII.Y RECORD,of Omaha,on
June 3, 2020
That said Newspaper during that time was • and
tY of
GENERAL NOTARY-State of Nebraska of Nebraska.
ELLEN FREEMAN
My Comm.Exp.December 11,2021 "bed in my e and sworn to bum
Publisher's Fee $ me this 3r day of
Additional Copies $ .t June �20
Total $ 22.70 •Vl: les
Notary Public in and for Douglas County,
State of Nebraska
•
•
•
•
•
Debbie Leach
From: Jay Kline <jkline@whitelotusgroup.com>
Sent: Wednesday,July 1, 2020 11:45 AM
To: Debbie Leach
Cc: Arun Agarwal;Jeff Kistner
Subject: Re: SID#303
I confirm.
Jay N. Kline
Vice President of Business Development
A WHITE
110 LOTUS
we GROUP
DESIGN I IMPLEMENT I OPERATE
10404 Essex Court, Suite 101 I Omaha, NE 68114
402.408.0005 (o) l 402.321.4076 (m) i 402.344.2861 (0
j k l i n e(u>w h i t e l of u s q ro u p.co m
On Jul 1, 2020, at 11:26 AM, Debbie Leach <debbie@fliblaw.com>wrote:
Please see below—I need your confirmation ASAP.
Thanks,
Debbie Leach
FULLENKAMP JOBEUN JOHNSON & BELLER LLP
11440 West Center Road, Suite C
Omaha, NE 68144
(402) 334-0700
Direct Dial: (402) 691-5298
Cell: (402) 212-2888
PLEASE NOTE CHANGE OF E-MAIL: Debbie ccfhblaw.corn
From: Debbie Leach
Sent:Tuesday,June 16, 2020 2:40 PM
To: Gary Lippstreu<glippstreu@cox.net>; Diane Harding<diha@CircoEnt.com>; 'Jeff Kistner'
<Jkistner@flagleafcfo.com>;Jay Kline (jkline@whitelotusgroup.com)<jkline@whitelotusgroup.com>;
Arun Agarwal <aagarwal@whitelotusgroup.com>
Subject: SID#303
Board of Trustees: please read the below and provide your e-mail confirmation.
t
Pursuant to Executive Order No. 20-03 Corona Virus Public Meetings Requirement Limited Waiver
issued by Governor Pete Ricketts on March 17,2020,the Board of Trustees for Sanitary and
Improvement District No. 303 of Douglas County, Nebraska held their meeting at 9:30am on June
16, 2020,via telephonic means,which meeting was otherwise held in accordance with the Nebraska
Open Meetings Act. By e-mail response to this correspondence, each of the Trustees hereby
acknowledge advance receipt of notice for the aforementioned meeting and the agenda for the
meeting.
Debbie Leach
FULLENKAMP JOBEUN JOHNSON & BELLER LLP
11440 West Center Road, Suite C
Omaha, NE 68144
(402) 334-0700
Direct Dial: (402) 691-5298
Cell: (402) 212-2888
PLEASE NOTE CHANGE OF E-MAIL: Debbie(affblaw.coin
2
Debbie Leach
From: Jeff Kistner <Jkistner@flagleafcfo.com>
Sent: Wednesday,July 1, 2020 12:29 PM
To: Debbie Leach;Arun Agarwal;Jay Kline (jkline@whitelotusgroup.com)
Subject: RE: SID#303
Confirmed
From: Debbie Leach <debbie@fjjblaw.com>
Sent: Wednesday,July 1, 2020 11:27 AM
To:Arun Agarwal <aagarwal@whitelotusgroup.com>;Jeff Kistner<Jkistner@flagleafcfo.com>;Jay Kline
(jkline@whitelotusgroup.com) <jkline@whitelotusgroup.com>
Subject: FW: SID#303
Please see below— I need your confirmation ASAP.
Thanks,
Debbie Leach
FULLENKAMP JOBEUN JOHNSON & BELLER LLP
11440 West Center Road, Suite C
Omaha, NE 68144
(402) 334-0700
Direct Dial: (402) 691-5298
Cell: (402) 212-2888
PLEASE NOTE CHANGE OF E-MAIL: Debbienafmb/aw.corn
From: Debbie Leach
Sent:Tuesday,June 16, 2020 2:40 PM
To: Gary Lippstreu <glippstreu@cox.net>; Diane Harding<diha@CircoEnt.com>; 'Jeff Kistner'
<Jkistner@flagleafcfo.com>;Jay Kline (jkline@whitelotusgroup.com) <jkline@whitelotusgroup.com>;Arun Agarwal
<aagarwal@whitelotusgroup.com>
Subject:SID#303
Board of Trustees: please read the below and provide your e-mail confirmation.
Pursuant to Executive Order No. 20-03 Corona Virus Public Meetings Requirement Limited Waiver issued by
Governor Pete Ricketts on March 17, 2020,the Board of Trustees for Sanitary and Improvement District No.
303 of Douglas County, Nebraska held their meeting at 9:30am on June 16,2020,via telephonic means,which
meeting was otherwise held in accordance with the Nebraska Open Meetings Act. By e-mail response to this
correspondence, each of the Trustees hereby acknowledge advance receipt of notice for the aforementioned meeting
and the agenda for the meeting.
1
Debbie Leach
From: Arun Agarwal <aagarwal@whitelotusgroup.com>
Sent: Wednesday,July 1, 2020 1:06 PM
To: Jeff Kistner; Debbie Leach; Jay Kline
Subject: Re: SID #303
Acknowledged
From: Jeff Kistner<Jkistner@flagleafcfo.com>
Date: Wednesday, July 1, 2020 at 12:28 PM
To: Debbie Leach <debbie@fjjblaw.com>, Arun Agarwal <aagarwal@whitelotusgroup.com>, Jay Kline
<jkline@whitelotusgroup.com>
Subject: RE: SID #303
Confirmed
From: Debbie Leach <debbie@fjjblaw.com>
Sent: Wednesday, July 1, 2020 11:27 AM
To:Arun Agarwal <aagarwal@whitelotusgroup.com>;Jeff Kistner<Jkistner@flagleafcfo.com>;Jay Kline
(jkline@whitelotusgroup.com) <jkline@whitelotusgroup.com>
Subject: FW:SID#303
Please see below—I need your confirmation ASAP.
Thanks,
Debbie Leach
FULLENKAMP JOBEUN JOHNSON & BELLER LLP
11440 West Center Road, Suite C
Omaha, NE 68144
(402) 334-0700
Direct Dial: (402) 691-5298
Cell: (402) 212-2888
PLEASE NOTE CHANGE OF E-MAIL: Debbie(ffjblaw.corn
From: Debbie Leach
Sent:Tuesday,June 16, 2020 2:40 PM
To: Gary Lippstreu <glippstreu@cox.net>; Diane Harding<diha@CircoEnt.com>; 'Jeff Kistner'
<Jkistner@flagleafcfo.com>;Jay Kline (ikline@whitelotusgroup.com) <jkline@whitelotusgroup.com>;Arun Agarwal
<aagarwal@whitelotusgroup.com>
Subject:SID#303
Board of Trustees: please read the below and provide your e-mail confirmation.
t
Pursuant to Executive Order No. 20-03 Corona Virus Public Meetings Requirement Limited Waiver issued by
Governor Pete Ricketts on March 17, 2020,the Board of Trustees for Sanitary and Improvement District No.
303 of Douglas County, Nebraska held their meeting at 9:30am on June 16, 2020,via telephonic means,which
meeting was otherwise held in accordance with the Nebraska Open Meetings Act. By e-mail response to this
correspondence, each of the Trustees hereby acknowledge advance receipt of notice for the aforementioned meeting
and the agenda for the meeting.
Debbie Leach
FULLENKAMP JOBEUN JOHNSON & BELLER LLP
11440 West Center Road, Suite C
Omaha, NE 68144
(402) 334-0700
Direct Dial: (402) 691-5298
Cell: (402) 212-2888
PLEASE NOTE CHANGE OF E-MAIL: Debbie�f jblaw.com
2
Debbie Leach
From: Gary Lippstreu <glippstreu@cox.net>
Sent: Thursday,June 18, 2020 12:04 PM
To: Debbie Leach
Subject: Re: SID#303
Below hereby acknowledged and agreed. Please use glippstreu@gmail.com for all email related to SID 303.
Gary Lippstreu
On June 16, 2020 at 3:39 PM Debbie Leach<debbie@fjjblaw.com>wrote:
Board of Trustees: please read the below and provide your e-mail confirmation.
Pursuant to Executive Order No. 20-03 Corona Virus Public Meetings Requirement Limited Waiver
issued by Governor Pete Ricketts on March 17, 2020,the Board of Trustees for Sanitary and
Improvement District No.303 of Douglas County, Nebraska held their meeting at 9:30am on June
16, 2020,via telephonic means,which meeting was otherwise held in accordance with the Nebraska
Open Meetings Act. By e-mail response to this correspondence,each of the Trustees hereby
acknowledge advance receipt of notice for the aforementioned meeting and the agenda for the
meeting.
Debbie Leach
FULLENKAMP JOBEUN JOHNSON & BELLER LLP
11440 West Center Road, Suite C
Omaha, NE 68144
(402) 334-0700
Direct Dial: (402) 691-5298
Cell: (402) 212-2888
PLEASE NOTE CHANGE OF E-MAIL: Debbie&)fiibla w.corn
J
Debbie Leach
From: Diane Harding <diha@CircoEnt.com>
Sent: Wednesday,June 17, 2020 7:48 AM
To: Debbie Leach
Subject: RE: SID #303
Yes I received Notice.
Dennis Paul Circo
C/O diha@CircoEnt.com
From: Debbie Leach [mailto:debbie@fjjblaw.com]
Sent:Tuesday,June 16, 2020 2:40 PM
To: Gary Lippstreu <glippstreu@cox.net>; Diane Harding<diha@CircoEnt.com>; 'Jeff Kistner'
<Jkistner@flagleafcfo.com>;Jay Kline (jkline@whitelotusgroup.com) <jkline@whitelotusgroup.com>;Arun Agarwal
<aagarwa l@white lotusgroup.com>
Subject:SID#303
Board of Trustees: please read the below and provide your e-mail confirmation.
Pursuant to Executive Order No. 20-03 Corona Virus Public Meetings Requirement Limited Waiver issued by
Governor Pete Ricketts on March 17, 2020,the Board of Trustees for Sanitary and Improvement District No.
303 of Douglas County, Nebraska held their meeting at 9:30am on June 16,2020,via telephonic means,which
meeting was otherwise held in accordance with the Nebraska Open Meetings Act. By e-mail response to this
correspondence, each of the Trustees hereby acknowledge advance receipt of notice for the aforementioned meeting
and the agenda for the meeting.
Debbie Leach
FULLENKAMP JOBEUN JOHNSON & BELLER LLP
11440 West Center Road,Suite C
Omaha, NE 68144
(402) 334-0700
Direct Dial: (402) 691-5298
Cell: (402) 212-2888
PLEASE NOTE CHANGE OF E-MAIL: Debbie(9fpblaw.corn
1
ACKNOWLEDGMENT OF
RECEIPT OF NOTICE OF MEETING
The undersigned Trustees of Sanitary and Improvement District No. 303 of Douglas
County, Nebraska do hereby acknowledge receipt of advance notice of a meeting of the
Board of Trustees of said District and the agenda for such meeting held at 9:30 a.m. on
June 16, 2020 via telephonic conference call.
DATED this 16' day of June 2020.
CERTIFICATE
The undersigned being Clerk of Sanitary and Improvement District No. 303 of
Douglas County, Nebraska hereby certifies that Notice of meeting of the Board of Trustees
of said District held on June 16, 2020 was mailed by United States Mail, postage prepaid
to the Omaha City Clerk at least seven days prior to the date of this meeting.
The undersigned further certifies that the agenda for the meeting of the Board of
Trustees of said District was prepared and available for public inspection at the address
designated in the notice of meeting published in the Daily Record newspaper on June 3,
2020, and that no items were added to the agenda after the commencement of the
meeting and that the minutes for the meeting were available for public inspection within ten
(10) days from the date of the meeting.
Cler<
E&A Consulting Group,Inc.
Engineering Answers
10909 Mill Valley Road,Suite 100
Omaha,NE 68154-3950
402.895.4700
Douglas County SID#303 April 30,2020
c/o Mr.Brent Beller,Attorney Project No: P1999.050.002
11440 West Center Road Invoice No: 151728
Omaha,NE 68144
Project P1999.050.002 Skyline Woods @a 221st&Arbor-District Maintenance
Professional Services from March 9.2020 to April 12.2020
Phase 120 2020 District Maintenance
Task 440 Repairs/Maintenance
Professional Personnel
Hours Rate Amount
Administrative Assistant I .75 111.00 83.25
Construction Technician I 1.50 82.00 123.00
Construction Technician III .75 105.00 78.75
SID Manager DC 2.00- 210.00 420.00
Totals 5.00 705.00
Total Labor - 705.00
Total this Task $705.00
Total this Phase $705.00
Phase 999 Reimbursables
Unit Billing
Mileage
12.36
Total this Phase $12.36
Total this Invoice $717.36
Approved By: Robert Czerwinski
INVOICE Customer# 18285
Invoice# 137113
Printed 06/08/20
r Service Address:
H&H Lawn and Landscape Skyline Woods SID 303
(402)916-9500 217th St and Stanford Circle Entrances
http://www.hhlawns.com 21046 Arbor Ct
Elkhorn NE 68022
Please Remit $1158.00 Res. (402)689-4032 Bus. (402)691-5298
Description Date Amount Tax Total
Weed landscape beds 04/30/20 350.00 350.00
PreEmergent Application 2 05/06/20 78.00 78.00
Weekly Mowing/Trimming 05/08/20 95.00 95.00
Weekly Mowing/Trimming 05/15/20 95.00 95.00
Weekly Mowing/Trimming 05/18/20 95.00 95.00
Weekly Mowing/Trimming 05/28/20 95.00 95.00
Weed landscape beds 05/29/20 350.00 350.00
For your convenience, service continues from season to season. For a change in service, please call our office.
Terms: Payments are due upon receipt.
For your convenience,service continues from season to season.For a change in service,please call our office.
http://www.hhlawns.com PLEASE INDICATE PAYMENT AMOUNT&CHECK NUMBER
H&H Lawn and Landscape / AMOUNT CHECK NO.
PO Box 486 I`
Gretna,NE 68028
Charge my: DC ES ❑C; ❑ ExP:_ l_
Card It:
Billing Address Security
Skyline Woods SID 303 Signature: Code:
21046 Arbor Ct Invoice# 137113
Elkhorn NE 68022
Customer# 18285
H&H Lawn and Landscape Please Remit $1158.00
PO Box 486
Gretna, NE 68028 Printed 06/08/20
INVOICE Customer# 28050
Invoice# 135738
Printed 05/15/20
♦ Service Address:
H&H Lawn and Landscape Skyline Woods SID 303
(402)916-9500 Villas Entrance
http://www.hhlawns.com 21046 Arbor Ct
Elkhorn NE 68022
Please Remit $120.00 Bus. (402)333-3863
Description Date Amount Tax Total
Weekly Mowing/Trimming 04/09/20 40.00 40.00
Weekly Mowing/Trimming 04/20/20 40.00 40.00
Weekly Mowing/Trimming 04/29/20 40.00 40.00
II
For your convenience,service continues from season to season. For a change in service, please call our office.
Terms: Payments are due upon receipt.
For your convenience,service continues from season to season.For a change in service,please call our office.
http://www.hhlawns.com PLEASE INDICATE PAYMENT AMOUNT&CHECK NUMBER
H&H Lawn and Landscape C AMOUNT CHECK NO. /
PO Box 486
Gretna, NE 68028
Charge my: ❑.' ' ❑=�° ❑ ❑ Exp:_/_
Card#:
Billing Address Security
Signature: Code:
Skyline Woods SID 303
Villas Entrance Invoice# 135738
21046 Arbor Ct
Elkhorn NE 68022
Customer# 28050
H&H Lawn and Landscape PO Box 486 Please Remit $120.00
Gretna, NE 68028 Printed 05/15/20
.
INVOICE Customer# 18285
Invoice# 135729
Printed 05/15/20
Service Address:
H&H Lawn and Landscape Skyline Woods SID 303
(402)916-9500 217th St and Stanford Circle Entrances
http://www.hhlawns.com 21046 Arbor Ct
Elkhorn NE 68022
Please Remit $285.00 Res. (402)689-4032 Bus. (402)691-5298
Description Date Amount Tax Total
Weekly Mowing/Trimming 04/09/20 95.00 95.00
Weekly Mowing/Trimming 04/20/20 95.00 95.00 I
Weekly Mowing/Trimming 04/29/20 95.00 95.00
For your convenience, service continues from season to season. For a change in service, please call our office.
Terms: Payments are due upon receipt.
For your convenience,service continues from season to season.For a change in service,please call our office.
http://www.hhlawns.com PLEASE INDICATE PAYMENT AMOUNT&CHECK NUMBER
HSH Lawn and Landscape C AMOUNT CHECK NO. /
PO Box 486
Gretna, NE 68028
Charge my: DM ❑r ❑[ ❑ ns
Card#:
Billing Address Security
Skyline Woods SID 303 Signature: coda:
21046 Arbor Ct Invoice# 135729
Elkhorn NE 68022
Customer# 18285
H&H Lawn and Landscape Please Remit $285.00
PO Box 486
Gretna, NE 68028 Printed 05/15/20
Clean Sweep Commercial Inc. Parking Lot Services
RECEIVED 12218 Roberts Road LaVista,Ne 68128 Invoice
Ph 402-593-8708 Fx 402-593-1106
APR Date I Invoice #
8 7�1l 9w www.cleansweepomaha.com
4/5/2020 7075
BY:
E&A Consulting Group.Inc. Terms Net 30
10909 Mill Valley Road,Suite 100
Omaha NE 68154-3950
Balance Due $400.00
❑ Please check box if address is incorrect or has changed,and indicate change(s)
on reverse side.
New e-mail address?Enter here:
PLEASE DETACH AND RETURN TOP PORTION WITH YOUR PAYMENT.
Commercial Sweeping/Striping/Power Washing
Parking Lot Maintenance P.O. No. Project
Daily-Weekly-Monthly Clean Up
Date Item Description Amount
3/30/2020 S.I.D Swe... Street Sweeping For SID#303-Skyline Woods 400.00
Approved by E&A Consulting Group, Inc.
Date: S`I/Qv i
Ir>'tlals: /1-727
SID No.. 14
Project No. l Ocn 2...
Thank You
Make checks payable to Clean Sweep Commerciallnc.Parking Lot Services
Total $400.00
Payments/Credits $0.00
Balance Due $400.00
There will be a 1.5%interest charge
per month on late invoices.
. ■
2019 Water Quality Report available. Account: 112000287013
View at fill fill
https://www.mudomaha.com/sites/default/file SID303WELLHOUSE METROPOLITAN
s/CCR2019.pdf.To request a hard copy,
check the box on the back of your bill. Service address: 24101/2 S 217TH ST BLD WELL UTILITIES DISTRICT
Esta disponible el Reporte de Calidad del Billing date May 26, 2020
Agua 2019. Previous balance $71.09
Mirelo en: Payment received 0.00
https://www.mudomaha.com/sites/default/file Current charges 46.34
s/CCR2019.pdf. Para solicitar una copia
impress,seleccione lacasllla / Total due Jun 10, 2020 $117.43
correspondiente en la parte de atras de su
facture. If payment is received after due date, a late fee will be assessed on gas and water
charges.
Your Gas Use M.U.D. GAS COMMERCIAL RATE B: Apr 24 to May 26 1
30 Meter Number 513192
1s Current read (actual): 267 - Previous read(actual): 261 =6 CCF
Gas Use: 6 CCF x 1.044 (heat value)x 1.0998 (pressure
o 1 lard I 111111.111 zone factor) =6.889 therms
IA a g o z o L LL g a i- 1.148 therms at 0.3055= $0.35
5.741 therms at 0.3389= 1.95
■ Past12Months 0 Past13-24Months Service Charge 18.62
Gas Cost ► $20.92
This month Last Year Gas Infrastructure Replacement 23.00
Billing units: 7 6
Average
day: 0.2 0..75 OTHER CHARGES
mr cost per day: $0.63 $0.29
Number of days in billing cycle: 33 29 Sales Tax 2.42 •
► Current Charges $46.34
II
II
Please return this portion of the bill with payment. • Please do not staple payment to bill.
e-mail:customer_service@mudomaha.com
website:vmw.mudomaha.com phone:402-554-6666
METROPOLITAN
UTILITIES DISTRICT
6850 0010 NO RP2605262020YNNNNY01009101 0027 112000287013000000117433
7350 World Communications Drive • Omaha, NE 68122-4041
SID 303 WELLHOUSE Due on or before Jun 10: $117.43 1
11440 W CENTER RD If payment is received after due date,a late fee will
OMAHA NE 68144-4421 be assessed on gas and water charges. a 5b t .
Amount Amount Paid: lJ
I1lIII'IIrIIILII IIJ111111l1lI1l 11llI1lIIldlnrl Iml'II I'
METROPOLITAN UTILITIES DISTRICT
PO BOX 3600
❑ Apply$ to my budget plan balance. OMAHA NE 68103-0600
❑ Check box and indicate change of mailing address III I I iI III III ' I II 1 J Inl
or telephone numbers on the reverse side. II IIIJ IIIII IIIu I I I III IIIIIII I I III IIIIII
Please give to the Home Fund by checking a box below.
Monthly donation —Add: ❑$2 0$3 ❑$5 Other$
Account: 112000287013
nnnn
PeopleService._ INVOICE
Water&Wastewater Professionals
Invoice No. 0035371
Account No. 5035/6035
Invoice Date 5/15/2020
Previous Balance $6,168.29
Invoice Total ,949. '
Skyline Woods/SID#303,NE Balance Due ,:,118.08
c/o Robert Doyle
11440 W Center Road,Suite C Recent payments may not be reflected in totals.
Questions? (402)344-4800 ext 7013
Omaha NE 68144-4482
Due 1st of Month
Water/Wastewater Monthly Service,June $1,540.00
Meter Reading/Billing Service $384.80
98.67 meters(6 month average)@$3.90 per meter.
Cost of Lab-NDHHS $15.00
April Locates $9.99
Skyline Woods/SID#303,NE
Please mail payment(checks only) to: Inv No. 0035371
Balance Due $8,118.08
PeopleService, Inc
ATTN: Accounts Receivable Amount Paid:
209 S19th Street, STE 555
OMAHA NE 68102-1758 Please put Invoice number on your check and
return payment stub with your remittance
PAPILLION SANITATION INVOICE# 5559956
10810 SOUTH 144TH ST DATE 05/01/2020
OMAHA, NE 68138 ACCOUNT# 3050-30054859-001
402-346-7800
Location:
SKYLINE WOODS ESTATES SID 303
1 SKYLINE WOODS
Bill To: OMAHA,NE 68144
SID 303
STEVE ALLOWAY
11440 W CENTER RD STE C
OMAHA,NE 68144-4421 Invoice Date 05/01/2020
Due Date 05/30/2020 I
Date paid Check No. Amount
PO# /0 For proper credit please return top portion.
.. vt G' 64.a1 a ��in _.._.....ap*0.-...e ° c$' p.*Fri^'-
CHARGES THIS
30054859-001 SKYLINE WOODS ESTATES
SID 303
07/01/2020-07/01/2020 38 HOMES Residential Svc 1 cart 38.00 14.56 553.28
08/01/2020-08/31/2020 38 HOMES Residential Svc 1 cart 38.00 14.56 553.28
09/01/2020-09/30/2020 38 HOMES Residential Svc 1 cart 38.00 14.56 553.28
Current Charges: 1659.84
Taxes: 0.00
i
Invoice Total: 1659.84
Please pay from this statement.This includes your remittance portion.
PAPILLION SANITATION
b® 18383
_—aaa
v5i�VOMJ namm�cPoaerais7 Pagel of8
< ssza
,,; ,,.....CTus..tYBf@.....i...........::tofaf' tOe
4433000021 Jun 23,2020 $2,718.22CR
For bill inquiries call the Omaha Office Customer Name:SID 303 DOUGLAS
(402)536-4131. See back for toll-free number. Statement Date:June 3,2020
Service Address Rate Billing Period Usage
From To Kilowatt-hours used Billing Demand/kW Current Amount
0 T15R10S2652,SHED ELKHORN NE General Service 4-27-20 5-28-20 2578 kWh $254.47
Non-Demand
1 SKYLINE WOODS,SILT ELKHORN NE Street Light Method 68 N/A N/A $536.54
21402 W CENTER RD,SIGN ELKHORN NE General Service 4-27-20 5-28-20 10 kWh
Non-Demand $35.67
22199 STANFORD CIR,SPRINKLER ELKHORN NE General Service 4-27-20 5-28-20 0 kWh $34.82
Non-Demand
2699 S 217 ST,SPRINKLER ELKHORN NE General Service 4-27-20 5-28-20 20 kWh $36.52
Non-Demand
Total Charges $898.02
Previous Balance 1,677.56CR
Payments Received:05/29/20 1,938.68CR
Total Amount Due $2,718.22CR
Nils Ole'
%, e .
I
Please return this portion with payment
Working from home?See our electrical safety tipas in Jun utlets,plus reminders about customer support measures.
Statement Date:June 3,2020 � No Payment Due
Account Number flue Date Total Alit Due .1
4433000021 Jun 23,2020 $2,7 .22CR
A current phone number on our record simplifies outage reporting. Your I
service address is identified by the phone number: (402)334-0700 I
Check Here to indicate name,address or phone
'161111111"1L.1119IIIIL,ll,lllllllllllllll,llllllllllllllll changes on back of this statement
SID 303 DOUGLAS
%FULLENKAMP DOYLE&JOBEUN
11440 W CENTER RD STE C 'd°rr e
OMAHA NE 681414 1121 PO BOX 3995
B44573 OMAHA NE 68103-0995
VS 0, Inlign
Omaha Pohlfe PowerOislricl
01443300002140000027182200000271822202006232
eittgiV
e 18384
NIPPER 0803
— — -
OmahaPab/icPowerOlcMcl Page 3 of
Ikt otant. er bus bate k ;futaerrai rrt DLG .
4433000021 Jun 23,2020 1 $2,718 22CR
Customer Name:SID 303 DOUGLAS
Statement Date:June 3,2020
Billing Information for service address: 0 T15R10S26S2,SHED ELKHORN NE
Rate Billing Period Meter Meter Reading
From To Number Previous Present Difference Multiplier Usage
General Service 4-27-20 5-28-20 5762549 14534 17112 2578 1 kWh 2578
Non-Demand Actual
Your Electric Usage Profile Service Charge 33.00
Billing Billing kWh Use Avg.kWh Avg Temp kWh Usage 203.40
Fuel And Purchased Power Adjustment 4.80
Period Days per day High Low
Sales Tax 13.27
2020 t:27 31 2578 83 68 51 Total Charges $254.47
2019 l. 30 2439 81 70 52
Your average daily electric cost was: $8.21
205 Electric Usage
164
A
tatv
23
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J FMAMJ JASOND
Month Billed
eir 18305
0803
Page 5 of 8
Omaltariblicrower District
nagialkiigienaddiiii0111
4433000021 Jun 23,2020 I $2,718,22CR
Customer Name:SID 303 DOUGLAS
Statement Date:June 3,2020
Billing Information for service address: 1 SKYLINE WOODS,STLT ELKHORN NE
Billing Period From 05-01-2020 To 06-03-2020 @33 Days
Method Number of Price per Usage
Rate Fuel and Purchased •Total Sub-Total Amount No. Lamps Lamp Current Amount
Power Adjustment Usage Amount per Rate
SL61 61211 22 $17.28 $380.16 •
SL61 61221 1 $20.84 $20.84
SL61 61L211 2 $13.39 $26.78
SL61 2.00 427.78 $453.42
5L66 66211 2 $22.55 $45.10
5L66 0.29 45.10 $47.89
SL6B 68221 1 $32.85 $32.85
SUB 0.54 32.85 $35.23
1
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1 15386
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O-Public PowerOl- Page 7 of 8
Account NeuteritiBigebtetAMEMINIUMagewiiii
4433000021 Jun 23,2020 $2,718.22CR
• Customer Name:SID 303 DOUGLAS •
Statement Date:June 3,2020
•
Billing Information for service address: 22199 STANFORD CIR,SPRINKLER ELKHORN NE
Rate Billing Period Meter Meter Reading
From To Number Previous Present Difference Multiplier Usage
General Service 4-27-20 5-28-20 8239355 1396 1396 0 1 kWh 0
Non-Demand Actual
Your Electric Usage Profile Service Charge 33.00
Billing Bitting kwh UseAvg.kwh Avg Temp Fuel And Purchased Power Adjustment 0.00
Period Daysper day High Low Sales Tax 1.82
Total Charges $34.82
2020 c.'. 31 0 0 68 51
2019 ft 30 8 0 70 52
Your average daily electric cost was: $1.12
Electric Usage
5
4
A
o. 3
2
>
1
0
J FMAMJ J ASOND
Month Billed
E&A Consulting Group,Inc.
Engineering Answers
10909 Mill Valley Road,Suite 100
Omaha,NE 68154-3950
402.895.4700
Douglas County SID#303 April 30,2020
do Mr.Brent Beller,Attorney Project No: P1999.050.006
11440 West Center Road Invoice No: 151729
Omaha,NE 68144
Project P1999.050.006 303-Skyline Woods in Omaha,NE-2018#2 Well
Professional Services from March 9.2020 to April 12,2020
Phase 001 Project Management
Task 418 Project Management
Professional Personnel
Hours Rate Amount
Administrative Assistant I .50 74.00 37.00
Totals .50 37.00
Total Labor 37.00
Total this Task $37.00
Total this Phase $37.00
Phase 003 Civil Site Design
Task 145 Details&Specifications
Professional Personnel
Hours Rate Amount
Engineer V 49.00 146.00 7,154.00
Totals 49.00 7,154.00
Total Labor 7,154.00
Total this Task $7,154.00
Task 354 Plan Review
Professional Personnel
Hours Rate Amount
Administrative Assistant I 3.00 74.00 222.00 F
Engineer V11 .25 175.00 43.75
Technician V .75 117.00 87.75 F
Totals 4.00 353.50
Total Labor 353.50
Total this Task $353.50
Task 525 - Site Plan
Professional Personnel
Hours Rate Amount
EngineerV 42.00 146.00 6,132.00
Totals 42.00 6,132.00
Total Labor 6,132.00
Total this Task $6,132.00
Project P1999.050.006 303-Skyline Woods in Omaha,NE-2018 Invoice 151729
Total this Phase $13,639.50
Phase 005 Construction Services-Construction Administration
Task 093 Construction Observation
Professional Personnel
Hours Rate Amount
Engineer VIII 2.75 188.00 517.00
Totals 2.75 517.00
Total Labor 517.00
Total this Task $517.00
Total this Phase $517.00
Total this Invoice $14,193.50
Approved By: Robert Czerwinski
Page 2
August 21, 2019
Chairman and Board of Trustees
Sanitary and Improvement District No. 303, Douglas County
c/o Mr. Mark Johnson
Fullenkamp, Jobeun, Johnson & Beller
11440 West Center Road#C
Omaha, NE 68144
RE: EASEMENT AND LAND ACQUISITION
SID 303— Skyline Woods
E&A FILE NO. P1999.050.006 (Well #2)
Dear Mr. Johnson and Board Members,
Sanitary and Improvement District 303 is planning to install an additional water well to provide
reserve water supply to SID 303. To complete this improvement SID 303 is authorized to
acquire necessary land and permanent easements to facilitate the construction of
improvements. Pursuant to negotiations with Skyline Acres LLC, terms have been agreed to for
r000sed by Skyline Acres LLC. and tentatively
asceptesl bvihe Board (subiectio receipt of an acceptable appraisal). for the Iona-term lease of
land and acatisitipn of the requisite permanent easements fin lieu of condemnation) as follows:
Land Asquisitiee) 2,500 sf x$5.00/sf $12,500.00
Perm. Easement (Access); 6,777 sf x$1.00/sf $6,777.00
Perm. Easement (Water); 13,362 sf x$5.00/sf $66,810.00
TOTAL EASEMENT AND ACQUISITION COST $86,087.00
We hereby recommend payment in the amount of$86,087.00 to Skyline Acres LLC for the land
acquisition and easements.
Sincerely,
E &A CONSULTING GROUP, INC.
Mark A. Westergard, P.E.
Cc: Skyline Acres LLC
FULLENKAMP, DOYLE 86 JOBEUN
11440 WEST CENTER ROAD
OMAHA, NEBRASKA 68144
SANITARY AND IMPROVEMENT DISTRICT NO. 303
OF DOUGLAS COUNTY, NEBRASKA
NOTICE
NOTICE IS HEREBY GIVEN that a meeting of the Board of Trustees of Sanitary
and Improvement District No. 303 of Douglas County, Nebraska will be held at
8:30 A.M. on September 17, 2019 at 11440 West Center Road, Omaha,
Nebraska, which meeting will be open to the public. The agenda for such
meeting, kept continuously current, is available for public inspection at 11440 i
West Center Road, Omaha, Nebraska and includes the payment of bills of the
District and the consideration and passing or amending and passing the
following Resolution, to-wit:
BE IT RESOLVED that the Board of Trustees of Sanitary and Improvement District No.
303 of Douglas County, Nebraska find and determine that it is advisable and
necessary for the District to acquire an Easement and Land Acquisition to install an additional
water well to provide reserve water supply to the District within the boundaries of the District
or within dedicated easements acquired by the District
Said plans and specifications have been reviewed by E & A Consulting Group, engineers for the
District and said engineers have filed with the Clerk of the District, prior to the first publication of
this Resolution, an estimate of the total costs of said improvement, including engineering fees, legal
fees, fiscal fees, interest and other miscellaneous costs, which estimate is in the sum of$86,087.00.
To pay the cost of said improvement the Board of Trustees shall have the power to issue negotiable
bonds of the District after such improvements have been completed and accepted; said bonds to be
called "Sanitary and Improvement District Bonds" and shall be payable and bear interest as provided
by the Statutes of the State of Nebraska.
The Board of Trustees shall assess to the extent of special benefits, the cost of such improvements
upon properties specially benefitted thereby. All special assessments which may be levied upon the
properties specially benefitted by such improvements shall, when collected, be set aside and
constitute a sinking fund for the payment of interest and principal of said bonds. The District shall
also cause to be levied annually a tax upon the assessed value of all of the taxable property in the
District except intangible property, which together with said sinking fund derived from special
assessments shall be sufficient to meet payment of the interest and principal of said bonds as the same
become due; said tax shall be known as the Sanitary and Improvement District Tax and shall be
payable annually in money.
If a petition opposing this Resolution, signed by property owners representing a majority of the front
footage which may become subject to assessment for the cost of the improvements as set forth herein,
is filed with the Clerk of the District within three (3) days before the date of the hearing on this
Resolution, this Resolution shall not be passed.
SANITARY AND IMPROVEMENT DISTRICT
NO. 303 OF DOUGLAS COUNTY,NEBRASKA
By: Dennis Circo, Chairman
Gary Lippstreu, Clerk
Publication Dates: September 3 and September 10, 2019.
P
(Space above line for recording information)
PERMANENT WATER LINE EASEMENT
When recorded return to:
Futlenkamp,lobes,Johnson&Beller LLP
Attn:Mark B.Johnson,Esq.
11440 West Center Road,Suite C
Omaha,Nebraska 68144
This PERMANENT WATER LINE EASEMENT(this"Easement")is made as of the Effective Date, as
defined herein,by SKYLINE ACRES,LLC,a Nebraska limited liability company(herein"GRANTOR"),in favor
of SANITARY AND IMPROVEMENT DISTRICT NO. 303 OF DOUGLAS COUNTY, NEBRASKA, a
political subdivision of the State of Nebraska(herein"GRANTEE"). Grantor,for and in consideration of the sum of
ten ($10.00) dollars and other good and valuable considerations, the receipt and sufficiency of which is hereby
acknowledged,does hereby grant and convey unto Grantee,and to its successors and assigns,a permanent,perpetual
easement for the right of access and the right to construc
t,gh inspect,maintain,operate,repair and replace any and all
types of water line infrastructure and related facilities,and for all water line purposes and appurtenances thereto,over, F
under,and through the portions of the parcel of land described as follows,to-wit
SEE ATTACHED EXHIBIT"A"PERMANENT WATER LINE
LEGAL DESCRIPTION(the"Easement Area")
TO HAVE AND TO HOLD unto said GRANTEE, its successors and assigns, together with the right of
ingress and egress from said premises for the purpose of constructing,inspecting,maintaining,operating,repairing or
replacing said water lines at the will of the GRANTEE. The GRANTOR may,following construction of said water
lines and associated water service areas continue to use the surface of the easement strip conveyed hereby for other
purposes,subject to the right of the GRANTEE to use the same for the purposes herein expressed.
It is further agreed as follows:
1) That no buildings,improvements,or other structures,nor any grading,fill or fill material,or embankment work,
shall be placed in, on, over, or across the Easement Area by GRANTOR,his or their successors and assigns
without express approval of the GRANTEE. Improvements which may be approved by GRANTEE include
landscaping, road and/or street surfaces, parking area surfacing, and/or pavement. These improvements and
any trees, grass or shrubbery placed on said easements shall be maintained by GRANTOR, their heirs,
successors or assigns.
2) That GRANTEE will replace or rebuild any and all damage to improvements caused by GRANTEE exercising
its rights of inspecting,maintaining or operating said water lines within the Easement Area,except that damage
to,or loss of any improvements constructed by GRANTEE within the Easement Area will not be compensated
for by GRANTEE.
3) That GRANTEE may construct,maintain,repair,reconstruct and operate additional water line and water service
areas systems within the Easement Area.
4) The permanent water line easement is also for the benefit of any contractor,agent,employee,or representative
of the GRANTEE and any of said construction and work.
5) That GRANTEE shall cause any trench made on said Easement Area to be properly refilled and shall cause the
premises to be left in a neat and orderly condition.
6) That GRANTOR for themselves and their heirs, executors and administrators do confirm with the said
GRANTEE and its assigns, including public utility companies and their assigns, that they,the GRANTOR is
well seized in fee of the above described property and that it has the right to grant and convey these permanent
water line easement and water service areas in the manner and form aforesaid, and that it will, and its heirs,
executors and administrators,shall warrant, and defend the permanent water lines easement to said GRANTEE
and its assigns including public utility companies and their assigns against the lawful claims and demands of all
persons. This Easement shall run with the land.
7) That said permanent water line easement is granted upon the condition that the GRANTEE may remove or cause I
to be removed all presently existing improvements thereon,including but not limited to,crops,vines,trees within
the Easement Area as necessary for construction.
8) That this instrument contains the entire agreement of the parties regarding the matters expressly set forth herein;
that there are no other or different agreements or understandings between GRANTOR and GRANTEE regarding
said matters; and that the GRANTOR in executing and delivering this instrument, has not relied upon any
promises, inducements, or representations of GRANTEE or its agents or employees, except as are set forth F
herein.
f
9) GRANTOR represents and warrants to GRANTEE that there are no holders of mortgages or other liens on its
respective parcel other than by those holders of mortgages and other liens joining in this Easement.
[Signature page to follow]
IN WITNESS WHEREOF,GRANTOR has executed this Easement as of this w day of ,2020.
GRANTOR:
SKYLINE ACRES,LLC,a Nebraska
limited liability company
By' Ott9
Its:
(Name) Amyl giryZ _ ) (Title)
_
STATE OF NEBRASKA
COUNTY OF OOLL2.6W..% )SS
On this (O dayof GAL
2020, before me, a Notary Public in and for said County,
personally came hin Pg on behalf of SKYLINE ACRES,LLC,a Nebraska limited liability
company,known to me to be the of said limited liability company and the identical persons
whose name(s)is (are) affixed to the foregoing instrument, and acknowledged the execution thereof to be their
respective voluntary act and deed as such member(s) and the voluntary act and deed of said limited liability
company.
WITNESS my hand and Notarial Seal the day and year last above written. 1 ry
[Seal] O
`XIjij. t ,
NOTARY P I
My Commission Expires:
J loa.S J&tao
GENERAL NOTARY-State of Nebraska
DEBRA KAy LEACH
_ My Comm.Exp.May 28,2022
GRANTEE:
SANITARY AND IMPROVEMENT DISTRICT NO.
303 OF DOUGLAS COUNTY,NEBRASKA
a political subdivision of Nebraska 1
By:
Denny Circo,Chairman
ATTEST:
e
By:
STATE OF NEBRASKA O ry Lid str er
� � ,,6,,/l C )SS
+COUNTY OF a .+'A . -� )
On this ( ay of 0./A. 2$ 2020, before me, a Notary Public in and for said County,
personally came Denny Circo, on b If of SANITARY AND IMPROVEMENT DISTRICT NO. 303 OF
DOUGLAS COUNTY, NEBRASKA, a political subdivision of the State of Nebraska, known to me to be the
Chairman of said sanitary and improvement district and the identical persons whose name(s)is(are)affixed to the
foregoing instrument, and acknowledged the execution thereof to be their respective voluntary act and deed as
such member(s)and the voluntary act and deed of said sanitary and improvement district.
WITNESS my hand and Notarial Seal the day and year last above written.Cl ' n
l
[Seal] I GENERAL NOTARY-State of Nebraska
DEBRA KAY LEACH
;,Ii`_ My Comm.Exp.May 28,2022 NOTARY PUBLIC
STATE OF NEBRASKA )
SS
COUNTY OF
On this(4'day of Olt 2020, before me, a Notary Public in and for said County,
personally came Gary Lippstreu, on half of SANITARY AND IMPROVEMENT DISTRICT NO. 303 OF
DOUGLAS COUNTY, NEBRASKA, a political subdivision of the State of Nebraska, known to me to be the
Clerk of said sanitary and improvement district and the identical persons whose name(s) is (are) affixed to the
foregoing instrument, and acknowledged the execution thereof to be their respective voluntary act and deed as
such member(s)and the voluntary act and deed of said sanitary and improvement district.
WITNESS my hand and Notarial Seal the day and year last above written.
[Seal] T a BL
(L(
mI GENERAL NOTARY-State of Nebraska
NOTARY PUBLIC
�IR DEBRA KAY LEACH
-__ My Comm.Exp.May 28,2022
EXHIBIT A
{Attached}
EXHIBIT"A"
N87°0757"E 30.00' S
INSTRUMENT 802°52'03'E 17.12'
2007107309 1 °i 4
4-S NE1/4 OF THE SE1/4 OF
NO2°5203"W 32.88' .,, - SECTION 26,TOWNSHIP 15 NORTH,
ar
yS_ 0 RANGE 10 EAST
sty ' '8 —
ait ''�• S02°34154"E 36.32'
POINT OF BEGINNING 1 II
IIIIIIIIIII 387°26'20"W 105.00'J
w i
N
100 0 100mu on sami _
NM IMO SE1/4 OF THE 6E1/4 OF
1 inch =100 ft. SECTION 26,TOWNSHIP 15 NORTH,
RANGE 10 EAST F
z
1
SKYLINE WOODS 2ND
DDITION REPLAT 8 COMMENCEMENT POINT F
STANFORD
2 CIRCLE LOT 1,SKYLINE WOODS
2ND ADDITION REPLAT 10
3
LEGAL DESCRIPTION
A WATER EASEMENT LOCATED IN PART OF THE SE1/4 OF THE SE1/4 AND PART OF THE NE1/4 OF THE SE1/4,IN SECTION 26,
TOWNSHIP 15 NORTH,RANGE 10 EAST OF THE 6TH P.M.,DOUGLAS COUNTY,NEBRASKA.MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 1,SKYLINE WOODS 2ND ADDITION REPLAT 10,A SUBDIVISION LOCATED IN SAID
SEI/4 OF SECTION 26,SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF 217TH STREET;THENCE NO2°33140NJ
(ASSUMED BEARING)ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF 217TH STREET,A DISTANCE OF 327.81 FEET;THENCE
S87°26'20"W,A DISTANCE OF 105.00 FEET TO THE POINT OF BEGINNING;THENCE N58°16'31"W,A DISTANCE OF 438.52 FEET;THENCE
NO2°52'03"W,A DISTANCE OF 32.88 FEET TO A POINT ON THE SOUTH LINE OF A DEED AS DESCRIBED IN INSTRUMENT 2007107309;
• THENCE N87°07'57"E ALONG SAID SOUTH LINE OF A DEED AS DESCRIBED IN INSTRUMENT 2007107309,A DISTANCE OF 30.00 FEET;
THENCE 502°52'03"E,A DISTANCE OF 17.12 FEET;THENCE 858°16'31"E,A DISTANCE OF 402.30 FEET;THENCE S02°34'54"E,A
DISTANCE OF 36.32 FEET TO THE POINT OF BEGINNING.
SAID TRACT OF LAND CONTAINS 13,362 SQUARE FEET OR 0.307 ACRES,MORE OR LESS.
•
p E&A CONSULTING GROUP, INC. WATER EASEMENT
V O�, Engineering•Planning•Emkkaimenlel&Fleld Services PART OF THE SE114 OF SECTION
FLAcONSILTINGGROUP,INC. gins Marry suite 1e2•ems.NE e9151 Plane 402895AElc a Fes 402.565.2590
24GIe"en>dAeewm Drawn by: RLS I Chidby: I Dale:05/0812019 26-T15N-R10E
Job No.: 1999.050.006 DOUGLASCOUNIY,NEBRASKA
Elk Schaben 517/2019 10:17 MI Wrolec1e1199910501p051SrrylEasements\SKYLINE WELL WATER EASEMENT•000Awg
GROUND LEASE
THIS GROUND LEASE(this"Lease") is made and entered into by SKYLINE ACRES, LLC,
a Nebraska limited liability company (the "Landlord") and SANITARY AND IMPROVEMENT
DISTRICT NO. 303 OF DOUGLAS COUiy1'x, NEBRASKA, a political subdivision of the State of
Nebraska (herein called the"Tenant")on this\J4' 'day of ,2020(the"Effective Date").
RECITALS
This Lease is.entered into upon the basis of the following facts,understandings and intentions of
the parties:
A. Landlord is the owner of that certain land in Omaha, Douglas County, Nebraska legally
described on Exhibit"A",attached hereto and incorporated by referenced,(the"Land").
B. Landlord desires to lease to Tenant all of Landlord's right,title and interest in and to that
portion of the Land as more particularly described on Exhibit "B" hereof(the "Premises"), and Tenant
desires to lease the Premises from Landlord in order for Tenant to own, utiB7e, and operate on the
Premises the Improvements(defined below).
C. The parties desire to establish the terms and conditions of this Lease to fulfill the
foregoing objectives.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties, the
parties hereto agree as follows:
ARTICLE 1
DEMISE OF PREMISES
SECTION 1.1 Premises. On the Effective Date, Landlord, for and in consideration of the
rents, covenants and conditions herein set forth, does hereby lease to Tenant, and Tenant does hereby
lease from Landlord,the Premises,pursuant to the terms,conditions and provisions of this Lease.
SECTION 1.2 Warranty of Title. Landlord hereby represents and warrants to Tenant that
Landlord holds fee simple interest in the Land and Premises, subject only to the encumbrances now of
record(herein called the"Permitted Encumbrances").
SECTION 1.3 Quiet Enjoyment. Landlord agrees that Tenant, pursuant to the terms and
conditions of this Lease, shall lawfully and quietly hold, occupy and enjoy and may develop the Premises
during the Term(as defined in Section 2.2).
SECTION 1.4 Utility Easements. Subject to Landlord's prior written approval, which
approval shall not be unreasonably withheld, delayed or conditioned,Tenant shall have the right to enter
into agreements with utility companies creating easements in favor of such companies as are required in
order to service the Improvements to be constructed on the Premises. Landlord agrees to join in the grant
of such easements (covering the Premises) and to execute any and all documents, agreements and
instruments in order to effect the same, all at Tenant's cost and expense, if required as a condition to the
granting of the easement by the utility companies. The parties agree to use reasonable efforts to cause
any encumbrances on the Premises or the Land to be subordinate to such easements, as may be required
by any utility companies.
ARTICLE 2
LEASE TERM
SECTION 2.1 Effective Date. This Lease is effective and begins on the Effective Date.
SECTION 2.2 Lease Term. The term of this Lease shall be for a period of ninety-nine(99)
years commencing on the Effective Date(the"Term").
ARTICLE 3
RENT,TAXES AND UTILITIES
SECTION 3.1 Base Rent. Tenant agrees to pay Landlord an amount equal to One and
00/100 Dollars($1.00)which shall be due and payable in full on the Effective Date("Base Rent").
SECTION 3.2 Taxes. Landlord shall pay all real estate taxes assessed to the Premises and
Land
SECTION 3.3 Utilities. Tenant shall pay or cause to be paid, directly to all service
providers, all charges for water, heat, gas electricity, cable, trash disposal, sewers and any and all other
utilities used on the Premises throughout the Term, including without limitation, any connection and
servicing fees,permit fees,inspection fees, and fees to reserve utilities capacity.
SECTION 3.4 No Security Deposit. No security deposit is required hereunder.
SECTION 3.5 Maintenance/Repairs. Landlord shall not be obligated to make any repairs
or alterations of any kind whatsoever or provide any services to the Premises or any part thereof. Tenant
shall be obligated to preform all such maintenance/repairs in a commercially reasonable manner.
ARTICLE 4
USE OF PREMISES AND HAZARDOUS MATERIALS
SECTION 4.1 Use of Premises. Tenant may use the Premises for the purposes of the use
and operation of the Improvements, and for all other legal purposes for which the Grantee is permitted to
utilize its property pursuant to applicable law. At any time after the Effective Date,Tenant may construct a
well house and related improvements thereon(all improvements constructed by Tenant on the real property
constituting the Premises are hereinafter referred to as"Improvements"),with the prior consent or approval of
I andlord with respect to the design and exterior aesthetics of the Improvements, which consent shall not be
unreasonably withheld, conditioned, or delayed and which consent, as of the Effective Date, the parties
recognize and agree has been provided. During the Term of this Lease,Tenant will be the owner of all such
Improvements. Landlord agrees to execute all documents as are necessary to enable Tenant to obtain all
required governmental approvals and permits for such construction including any zoning waiver applications
and subdivision applications as are necessary for such construction. All such construction shall be performed
in a good and workmanlike manner, in accordance with all applicable governmental laws, ordinances,
regulations and codes and all Permitted Encumbrances. All such Improvements constructed on the Premises
by Tenant shall be the sole property of the Tenant during the Term of this Lease,subject to Article 11.
2
SECTION 4.2 Hazardous Materials.
(a) Definitions. The term "Hazardous Materials" shall mean any material, substance or
waste that is or has the characteristic of being hazardous, toxic, ignitable,reactive or corrosive,including,
without limitations, petroleum, PCBs, asbestos, materials known to cause cancer or reproductive
problems and those materials, substances and/or waste, including infectious waste, medical waste, and
potentially infectious biomedical waste, which are or later become regulated by any local governmental
authority, the State of Nebraska or the United States Government, including, but not limited to,
substances defined as "hazardous substances," "hazardous materials," "toxic substances," or "hazardous
wastes" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
amended,43 U.S.C. §9601,et seq.;the Hazardous Materials Transportation Act,49 U.S.C. §1801,et seq.;
the Resource Conservation and Recovery Act, 43 U.S.C. §6901, et seq.; all corresponding and related
State of Nebraska and local statutes, ordinances and regulations, including, without limitation, any
dealing with underground storage tanks; and in any other environmental law,regulation or ordinance now
existing or hereinafter enacted(herein collectively called "Hazardous Materials Laws").
(b) Landlord's Representations. Landlord hereby represents and warrants to Tenant as
follows,which representations are made as of the date of execution of the Lease.
(1) No Hazardous Materials. Landlord is not aware of any Hazardous Materials
located in,under or about the Premises.
(2) No Violation of Hazardous Materials Laws. Landlord is not aware of (i) any
violation of Hazardous Materials Laws in connection with the generation, manufacture,refining,
transportation, treatment, storage, handling, disposal, transferal, production or processing of any
Hazardous Materials on the Premises,and(ii)any ongoing release occurring from the Premises of
Hazardous Materials,on,under or about the Premises.
(3) No Notices. Litigation or Liens. Landlord has not received any request for
information, notice, demand letter, administrative inquiry or formal or informal complaint or
claim from or by any public or private agency or entity concerning any release or discharge of
any Hazardous Materials on, under, about or off of the Premises or any alleged violation of any
Hazardous Materials Laws involving the Premises, Land or any property owned by Landlord in
the vicinity of the Premises. No litigation is pending or, to the best of Landlord's knowledge
without investigation, threatened with respect to the Premises concerning any Hazardous
Materials or any Hazardous Materials Laws. No lien has been imposed or, to Landlord's
knowledge without investigation, threatened to be imposed against the Premises by any
governmental agency or entity in connection with the presence of Hazardous Materials or
violation of any Hazardous Materials Laws on the Premises.
(c) Use of Premises by Tenant;Remediation of Contamination Caused by Tenant.
(1) Use. Tenant covenants that it shall not use, generate, manufacture, refine,
produce, process, store or dispose of, on, under or about the Premises or transport to or from the
Premises in the future for the purpose of generating, manufacturing, refining,producing, storing,
handling, transferring,processing or transporting, any Hazardous Materials,except in compliance
with all applicable Hazardous Materials Laws.
(2) Remediation. If at any time during the Term any contamination of the Premises
by Hazardous Materials shall occur unless such contamination is caused by the act or omission of
Landlord (herein called a "Contamination"), Tenant shall promptly and diligently cause the
3
remediation of the Contamination in accordance with,the requirements of applicable Hazardous
Materials Laws.
(d) Indemnification by Tenant. Tenant shall indemnify,defend,protect and hold Landlord
and its successors and assigns, free and harmless for, from and against and to reimburse Landlord with
respect to any and all claims, actions, causes of action, liabilities, penalties, forfeitures, damages,
remediation expenses, losses or expenses (including, without limitation, reasonable attorneys' fees and
costs through litigation and all appeals) arising from or caused in whole or in part by any Contamination
with respect to the Premises.
(e) Landlord Indemnity. Landlord shall indemnify,defend,protect and hold Tenant and its
successors and assigns,free and harmless for,from and against any and to reimburse Tenant with respect
to any and all claims, actions, causes of action, liabilities, penalties, forfeitures, damages, remediation
expenses, losses or expenses (including, without limitation, reasonable attorneys' fees and costs through
litigation and all appeals), arising from or caused in whole or in part by a breach of any warranty or
representation of Landlord under Section 4.2(b) hereof, but only to the extent any warranty or
representation was not true in any material respect as of the date provided, or any due to Landlord's
failure to comply with Hazardous Materials Laws.
(t) Survival and Duration of Obligation. All indemnities made or given under this Article F
shall survive the expiration or earlier termination of this Lease.
ARTICLE 5
LANDLORD'S RIGHT TO SELL
SECTION 5.1 Rights of Landlord to Sell. Landlord may sell, transfer, mortgage, pledge,
or otherwise encumber its leasehold interest in the Premises without Tenant's consent; provided,however,
that the sale, transfer, or encumbrance shall be made expressly subject to the terms of this Lease. Any
mortgage or pledge of Landlord's interest in the Premises shall be subject to Landlord,Landlord's lender,
and Tenant executing and delivering a commercially reasonable form of non-disturbance,recognition and
attornment agreement.
ARTICLE 6
MAINTENANCE
SECTION 6.1 Maintenance of Premises. Tenant agrees that it will, or will cause its
subtenants, if any, at its sole cost and at no cost/expense to Landlord, to maintain the Premises, the
Improvements and any other improvements thereon and appurtenances there to and every part thereof, in
good order, condition and repair, ordinary wear and tear excepted, and in accordance with all applicable
laws, rules, ordinances, order and regulations of all governmental authorities and all Permitted
Encumbrances.
ARTICLE 7
ASSIGNMENT AND SUBLEASE
SECTION 7.1 Sublease. Tenant may sublease all or any portion of Premises to any other
subtenant, and for any other use not prohibited by any applicable laws, rules, ordinances, order and
regulations of all governmental authorities or any Permitted Encumbrance, all without Landlord's prior
written approval, but Tenant shall use commercially reasonable efforts to inform Landlord of such
sublease(s).
4
SECTION 7.2 Assignment. Tenant may assign, convey or transfer its interest in this Lease
or the leasehold estate created hereby for purposes of security or otherwise, all without Landlord's prior
written approval, but Tenant shall use commercially reasonable efforts to inform Landlord of such
assignment(s). Any assignment,conveyance or transfer of Tenant's interest in this Lease shall be subject
to compliance with the provisions of this Lease. Upon any assignment and the assumption of the
obligations of Tenant hereunder by the assignee of this Lease, Tenant shall be released and discharged
from any and all obligations and liability arising under this Lease from and after the date of the
assignment thereof.
ARTICLE 8
INSURANCE AND INDEMNIFICATION
SECTION 8.1 Comprehensive Liability Insurance. Beginning on the Effective Date,
Tenant shall maintain, at its sole cost and expense, the following types of insurance with insurance
carriers admitted in the State of Nebraska: (a) fire and "all risk" extended coverage insurance for the
Improvements; and (b) comprehensive public liability insurance, including personal injury, death and
property damage, with respect to the Premises and the business operated thereon and use of the easements
associated therewith, in which the limits of coverage shall not be less than as required by law. All such
policies shall name Landlord, as additional insured, and upon the request of Landlord,the holders of any
mortgages or deeds of trust or any other parties in interest, and(iii) shall provide that the policy will not
be canceled or modified without at least thirty (30) days prior written notice to Landlord. If requested in
writing by Landlord, Tenant will provide Landlord with evidence of such insurance within a reasonable
time after Landlord's request. Beginning on the Effective Date, Landlord shall maintain, at its sole cost
and expense, comprehensive public liability insurance, including personal injury, death and property
damage, with respect to the Land and the business operated thereon, in which the limits of coverage shall
not be less than $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate. Upon Tenant's
request, Landlord shall provide Tenant a certificate or other evidence of such insurance within a
reasonable amount of time.
SECTION 8.2 Waiver of Subrogation. Landlord and Tenant on behalf of themselves and
all others claiming under them, including any insurer (other than insurers under commercial general
liability insurance policies, if such policies prohibit such waivers), waive all claims against each other,
including all rights of subrogation, for loss or damage to their respective property (including, but not
limited to, the Premises and the Improvements) which is caused by or results from perils, events or
happenings which are the subject of insurance carried by the respective parties and in force at the time of
any such loss,regardless of the negligence of either party. If either party so requests,the other party shall
obtain from its insurer(other than insurers under commercial general liability insurance policies, if such
policies prohibit such waivers) a written waiver of all rights of subrogation that it may have against the
other party; provided, however, the foregoing waiver as to insurers shall no longer apply if such waivers
are not generally available through the majority of casualty insurers of commercial property. If either
party's commercial general liability insurance policy prohibits the waivers provided for above,then such
party shall notify the other party and shall cause such other party to be named as an additional insured
under such general commercial liability policy and the waivers provided above shall no longer apply to
claims under either party's general commercial liability policy.
SECTION 8.3 Indemnification. Subject to the foregoing waiver of subrogation,each party
shall indemnify, defend, and hold the other party harmless from and against all causes of action, debts,
claims, damages, demands, liabilities, injuries, fines, penalties, costs and expenses (including attorneys'
fees) relating to accidents, injuries, loss, or damage to any person or property arising from or in any
manner relating to the use by such party, its employees, agents, contractors, customers, invitees and
licensees or others acting on behalf of such party, of the indemnified party's portion of the Land, except
5
as may result from the negligence or intentional misconduct of the indemnified party or its employees,
agents,contractors,customers, invitees and licensees. Notwithstanding the foregoing,the obligations of a
party under this paragraph shall not apply to the customers or invitees of such party.
SECTION 8.4 Survival of Indemnities. Tenant's and Landlord's indemnities as provided
for in this Lease,herein shall survive the expiration or sooner termination of this Lease.
ARTICLE 9
DAMAGE AND DESTRUCTION
SECTION 9.1 Improvements Damaged or Destroyed by Fire or any other Casualty. If
the Improvements shall be damaged or destroyed by fire or any other casualty, and the proceeds of the
insurance coverage to be maintained by Tenant are available to Tenant in the amount of the full
replacement cost of the damaged or destroyed portion of the Improvements,Tenant may promptly repair
and restore the Improvements to their previously undamaged condition, in which event this Lease shall
continue in full force and effect; provided, however, that if repair and restoration is not pursued by
Tenant, then Tenant shall have the right to terminate this Lease upon thirty (30) days written notice to
Landlord. In the event of such termination, upon the request of Landlord prior to date upon which the
Lease terminates, Tenant shall at its expense cause all remaining above grade portions of the Building
and/or Improvements to be razed and to cause all surface debris to be removed from the Premises.
SECTION 9.2 Application of Insurance Proceeds. Any and all fire or other insurance
proceeds from policies carried by Tenant that become payable at any time during the Term because of
damage to or destruction of the Improvements on the Premises shall be paid to Tenant.
ARTICLE 10
DEFAULTS AND REMEDIES
SECTION 10.1 Tenant Defaults. Each of the following events shall be a default by Tenant
and a breach of this Lease and constitute and "Event of Default": (a) Failure of Tenant to pay the Base
Rent or any other sum required to be paid by Tenant to Landlord under this Lease when each become due
and payable; (b) the failure of Tenant to observe and perform any of its other covenants, conditions or
agreements under this Lease; or (c) the failure of Tenant to observe and perform any covenants,
conditions or agreements applicable to the Premises. If the alleged default is monetary in nature such as
nonpayment of rent, taxes or any other sums required to be paid by Tenant, Tenant shall have ten (10)
days after the date upon which such payment was due to cure the default. As to any default involving
bankruptcy or insolvency,Tenant shall have thirty (30) after notice from Landlord to obtain the dismissal
or vacation of such proceeding. As to any non-monetary default, Tenant shall have sixty (60)days after
receipt of written notice from Landlord specifying the nature of the default; provided, however, that if,
after exercise of due diligence and reasonable efforts to cure such non-monetary default,Tenant is unable
to do so within sixty(60) days, the cure period shall be extended for a reasonable time, so long as Tenant
continues to diligently prosecute to completion the cure of the default. As used herein, non-monetary
default shall include, without limitation, a breach of any covenant of Tenant hereunder,Tenant's failure to
perform as required hereunder (other than a covenant involving the payment of money), and a breach of
any warranty,representation or other agreement of Tenant under this Lease.
SECTION 10.2 Remedies. If any default by Tenant shall continue uncured after the
expiration of the applicable cure period,Landlord may exercise any one or more of the following rights,
as Landlord's sole and exclusive remedies: (a) sue for injunctive relief; (b) sue for specific performance;
(c) sue for damages; or(d) set off any amount(plus interest)expended or damages Landlord incurred as a
result of such default against any sums coming due to Tenant under this Lease. Landlord specifically
6
acknowledges and agrees that Landlord shall have no right to terminate this Lease upon an Event of
Default by Tenant.
SECTION 10.3 Tenant's Liability After an Event of Default. Upon an Event of Default,
Landlord, without thereby waiving such default, may (but shall not be obligated to), without notice,
perform the same for the account and at the expense of Tenant. Any expenses incurred by Landlord in
connection with any such performance, and all costs, expenses, and disbursements of every kind and
nature whatsoever, including reasonable attorneys' fees including appellate, bankruptcy and post-
judgment proceedings involved in collecting or endeavoring to collect the rent or any additional rent or
any part thereof or enforcing or endeavoring to enforce any rights against Tenant or Tenant's obligations
hereunder, shall be due and payable upon Landlord's submission of an invoice therefor. All sums
advanced by Landlord on account of Tenant under this Section, or pursuant to any other provision of this
Lease, and all rent, if delinquent or not, paid by Tenant and received by Landlord when due hereunder,
shall bear interest at the Prime Rate of interest as then published by The Wall Street Journal(or if The
Wall Street Journal is no longer published, then from a similarly respected and available source as agreed
upon by the Landlord and Tenant), from the date thereof until paid and the same shall be and constitute
additional rent and be due and payable upon Landlord's demand therefor.
SECTION 10.4 Landlord Default. If Landlord defaults in its obligations hereunder and fails
to cure same after notice from Tenant and a reasonable cure period, however, after exercise of due
diligence and reasonable efforts to cure such default, Landlord is unable to do so within a reasonable
time, the cure period shall be extended for such period of time Landlord requires to reasonably prosecute
to completion the cure of the default,Tenant may terminate this Lease or proceed to cure the default and
charge the cost of cure to Landlord or avail itself of any other remedy under law or at equity in the event
of a default by Landlord.
. ARTICLE 11
SURRENDER AND REMOVAL
SECTION 11.1 Surrender of Possession. On the expiration of the Term or earlier
termination of this Lease, Tenant shall surrender to Landlord possession of the Premises and all
improvements constructed and installed thereon. Upon such expiration, Tenant may remove, or cause to
be removed, the Building, Improvements, all fixtures, all personal property and equipment of Tenant,
other than permanent fixtures,from the Premises within thirty(30)days after the date of any expiration or
termination of this Lease; thereafter all such property,fixtures and equipment not removed shall belong to
Landlord without the payment of any consideration.
SECTION 11.2 Tenant's Quitclaim. In the event Tenant does not remove any property,
fixtures or equipment in the time required under this Article, all such property, fixtures or equipment
located on the Premises shall become the absolute property of Landlord, and Tenant agrees to execute,
acknowledge and deliver to Landlord a proper instrument in writing, releasing and quitclaiming to
Landlord all right, title and interest of Tenant in and to the Premises and all improvements thereon
(including the Building and any Improvements).
ARTICLE 12
GENERAL PROVISIONS
SECTION 12.1 Conditions and Covenants. All of the provisions of this Lease shall be
deemed as running with Landlord's leasehold interest in and to the land, and construed to be "conditions"
as well as "covenants" as though the words specifically expressing or imparting covenants and conditions
were used in each separate provision.
7
SECTION 12.2 Survival of Provisions. All representations, warranties, and indemnities of
Tenant and Landlord under this Lease shall survive the expiration or sooner termination of this Lease.
SECTION 123 No Waiver of Breach. No failure by either Landlord or Tenant to insist
upon the strict performance by the other of any covenant,agreement,term or condition of this Lease,or to
exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such
breach or of such covenant, agreement, term or condition. No waiver of any breach shall affect or alter
this Lease,but each and every covenant,condition,agreement and term of this Lease shall continue in full
force and effect with respect to any other then existing or subsequent breach.
SECTION 12.4 Force Majeure. If either party shall be delayed or prevented from the
performance of any act required by this Lease by reason of acts of God, strikes, lockouts, labor troubles,
inability to procure materials, restrictive governmental laws, or regulations or other cause, without the
fault and beyond the reasonable control of the party so obligated(financial inability excepted)(any of the
foregoing reason being hereinafter referred to as "Force Majeure"), performance of such act shall be
excused for the period of the delay; and the period for the performance of any such act shall be extended
for a period equivalent to the period of such delay. Notwithstanding the foregoing, it shall be the
responsibility of the party whose performance is delayed to reasonably demonstrate to the other party that
the delay in the time of performance was caused specifically by Force Majeure.
SECTION 12.5 Notices. All notices, demands, consents, approvals, requests and other
communications under this agreement shall be in writing and shall be either (a) delivered in person, (b) F
sent by certified mail,return receipt requested,or(c) delivered by a nationally recognized delivery service
and addressed as follows:
LANDLORD: Skyline Acres,LLC
Attn:
TENANT: Sanitary&Improvement District#303
of Douglas County Nebraska
c%Fullenkamp,Jobeun,Johnson&Beller LLP
Attn:Mark B. Johnson
11440 West Center Road,Suite C
Omaha,NE 68144
A notice, demand, consent, approval, request and other communication shall be deemed to be
duly received (a) if delivered in person or by a nationally recognized delivery service, when left at the
address of the recipient; and (b) if sent by certified mail,return receipt requested, three (3) business days
after the date on which such notice was deposited in the U.S. Mall. Either party may change its address
for the purpose of this paragraph by giving written notice of such change to the other party in the manner
provided in its paragraph.
SECTION 12.6 Gender. The use herein of any gender includes all others, and the singular
number includes the plural and vice-versa, whenever the context so requires.
8
SECTION 12.7 Captions. Captions in this Lease are inserted for convenience of reference
only and do not define,describe or limit the scope or the intent of this Lease or any of the terms hereof.
SECTION 12.8 Entire Agreement. This Lease contains the entire agreement between the
parties regarding the subject matter hereof. Any oral or written representations, agreements,
understandings and/or statements not expressly included in this Lease shall be of no force and effect.
SECTION 12.9 Waiver; Amendment. No modification, waiver, amendment, discharge or
change of this Lease shall be valid unless the same is in writing and signed by the party against which the
enforcement of such modification,waiver,amendment,discharge or change is or may be sought.
SECTION 12.10 Attorneys' Fees. If either party retains an attorney to enforce this Inge,the
prevailing party shall be entitled to recover, in addition to all other items of recovery permitted by law,
reasonable attorneys'fees and costs incurred,through litigation,bankruptcy proceedings and all appeals.
SECTION 12.11 Time. Time is of the essence of each obligation of each party hereunder.
SECTION 12.12 Governing Law. This lease shall be construed and enforced in accordance
with the laws of the State of Nebraska.
SECTION 12.13 Binding Effect. Subject to any provision of this Lease that may prohibit or
curtail assignment of any rights hereunder, this Lease shall bind and inure to the benefit of the respective
heirs,assigns, personal representatives,and successors of the parties hereto.
SECTION 12.14 Execution of Other Instruments. Each party agrees that it shall, upon the
other's request, take any and all steps, and execute, acknowledge and deliver to the other party and all
further instruments necessary or expedient to effectuate the purpose of this Lease.
SECTION 12.15 Severability. If any term, provision, covenant or condition of this Lease is
held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the
provisions shall remain in full force and effect and shall in no way be affected,impaired or invalidated.
SECTION 12.16 Counterparts. This Lease may be executed in one or more counterparts,
each of which shall be deemed an original and when taken together will constitute one instrument.
SECTION 12.17 Estoppel Certificate. Either party shall execute, acknowledge and deliver to
the other party, within ten(10)days after requested by the other party,a statement in writing certifying, if
such is the case, that this Lease is unmodified and in full force and effect (or there have been
modifications that the same is in full force and effect as modified); the Effective Date of this Lease; the
dates for which the rent and other charges have been paid; any alleged defaults and claims against the
other party and providing such other information as shall be reasonably requested.
SECTION 12.18 Memorandum of Ground Lease. Subsequent to the Effective Date,
Landlord and Tenant shall execute and acknowledge a Memorandum of Ground Lease for purpose of
recordation. This Memorandum of Ground Lease shall be in the form attached hereto as Exhibit"C" and
incorporated herein by reference.
SECTION 12.19 Exhibits. Exhibits "A" through "C" attached hereto are by this reference
incorporated herein and made a part hereof.
'REMAINDER OF PAGE INTENTIONALLY BLANK.]
9
•
IN WITNESS WHEREOF,this Lease has been executed as of the Effective Date.
"TENANT"
SANITARY AND IMPROVEMENT DISTRICT NO.
303 OF DOUGLAS COUNTY,NEBRASKA
a political subdivision of Nebraska
By:
Denny Circo,Chairman
Al l'EST:
By: `-
Gary Li strew,
"LANDLORD"
SKYLINE ACRES,LLC,a Nebraska
limited 'abil' pany
By:
Nam : ,
Its: f P
EXFIIBIT "A"TO GROUND LEASE
THE LAND
EXHIBIT 'B"TO GROUND LEASE
THE PREMISES
N87°25'06"E 50.00'
1 r
LOT 2,SKYLINE
I WOODS REPLAT 4
NO2°34'54"W 1r502°34'54"E 50,00'
A
I A
S87°25'06"W 50.00'J7--
POINT OF BEGINNING
587°26'20"W 55.00'
15
IIIIIII IIIIII,
ti
`"
cc
50 0 50 ,o
NM NMI
f Inch = 50ft.
0
Z N
SE1/4 OF THE SEI/4 OF
SECTION 26,TOWNSHIP 15 NORTH,
RANGE 10 EAST
COMMENCEMENT POINT
LOT 1,SKYLINE WOODS 2ND ADDITION REPLAT 10 6
LEGAL DESCRIPTION
ATRACT OF LAND LOCATED IN PART OF THE SE1/4 OF THE SE1/4 OF SECTION 26,TOWNSHIP 15 NORTH,RANGE 10 EAST OF THE 6TH
RM.,DOUGLAS COUNTY,NEBRASKA.MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 1,SKYLINE WOODS 2ND ADDITION REPLAT 10,A SUBDIVISION LOCATED IN SAID
SE1/4 OF SECTION 26,SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF 217TH STREET;THENCE NO2°33'40'W
(ASSUMED BEARING)ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF 217TH STREET,A DISTANCE OF 327.83 FEET;THENCE
S87°26'20'W,A DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING;THENCE 687°25'06"W,A DISTANCE OF 50.00 FEET;THENCE
NO2°34'54"W,A DISTANCE OF 50.00 FEET;THENCE N87°25'06"E;THENCE 802°34'54"E,A DISTANCE OF 50.00 FEET TO THE POINT OF
BEGINNING.
SAID TRACT OF LAND CONTAINS 2,500 SQUARE FEET OR 0.057 ACRES,MORE OR LESS.
it
E&A CONSULTING GROUP, INC. LAND ACQUISITION
eo$ &gingering•Planning•Environmental&FI&dServices PART OF THE 5E114 OF SECTION
1aA(4X5allIX44Aea61XG inn WAValeyRaad 9YN NO Nmhe,NE 08154 Maw 4eLAA5A1c0•Fee 4A'Ae1515AI
Anlnenfa44,en, Drawn by: RLS I Chkd by: I Data: 0510612019.. 28415N•R10E
Job No.: 1999.050.006 DOUGLAS CQUNIY,NEBRASKA
E rig&4habnn MOM 10:21 AM K:9emjad4\1999\054061ScgEXhIbILISKYLINE WELL HOUSE ACCUISITION-000.dwg
EXHIBIT "C"TO GROUND LEASE
MEMORANDUM OF GROUND LEASE
MEMORANDUM OF GROUND LEASE
THIS MEMORANDUM OF GROUND LEASE dated this_day of , 2020
(the "Effective Date"), SKYLINE ACRES, LLC, a Nebraska limited liability company (the
"Landlord") and SANITARY AND IMPROVEMENT DISTRICT NO. 303 OF DOUGLAS
COUNTY,NEBRASKA,a political subdivision of the State of Nebraska(herein called the"Tenant").
WITNESSETH:
WHEREAS, Landlord is the fee simple owner of that certain real property (herein called the
"Land")located in Omaha,Douglas County,Nebraska,described in Exhibit "A"hereof;and
WHEREAS,Tenant has leased from Landlord that certain portion of the Land shown on Exhibit
"B" hereof(the "Premises") the terms and conditions more particularly set forth in that certain Ground
Lease, dated _, 2020, by and between Landlord and Tenant (herein referred to as
the "Ground Lease")and all licenses,rights,privileges and easements appurtenant thereto;
WHEREAS, Landlord and Tenant desire to enter into this Memorandum of Ground Lease, to
give notice of said Ground Lease and all of its terms, covenants and conditions to the same extent as if
said Ground Lease were fully set forth herein.
NOW,THEREFORE,for and in consideration of the sum of One Dollar($1.00) and other good
and valuable consideration including the rents reserved and the covenants and conditions more
particularly set forth in the Ground Lease,Landlord and Tenant do hereby covenant,promise and agree as
follows:
1. Landlord has leased,demised and let, and does hereby lease, demise and let unto Tenant,
and Tenant does hereby lease and take from Landlord all of Landlord's leasehold interest in and to the
Premises and all easements, rights of way, appurtenances and other rights and benefits belonging and
pertaining to such Land for a period beginning on the Effective Date and extending for ninety-nine (99)
years thereafter(the"Term").
2. The provisions of the Ground Lease include, without limitation, the right of Tenant
purchase a portion of the Land, set forth in the Ground Lease. Original copies of the Ground Lease are in
the possession of Landlord and Tenant. The Ground Lease contains other terms not herein set forth but
which are incorporated by reference herein for all purposes, and this Memorandum is executed for the
purpose of placing parties dealing with the Premises or Land on notice of the existence of the Ground
Lease and, where appropriate, its contents, and shall ratify and confirm all other terms of the Ground
Lease as fully as if the same had been set forth herein.Additional information concerning the terms of the
Lease can be obtained from Landlord or Tenant at the addresses set forth above.
3. All parties are hereby directed to the Ground Lease for further agreements between
Landlord and Tenant.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Ground
Lease as of the day and year first above written.
"TENANT,
SANITARY AND IMPROVEMENT DISTRICT NO.
303 OF DOUGLAS COUNTY,NEBRASKA
a political subdivision of Nebraska
By:
Denny Circo, Chairman
ATTEST:
By:
Gary Lippstreu, Clerk
STATE OF NEBRASKA )
)SS
COUNTY OF )
On this day of , 2020, before me, a Notary Public in and for said
County, personally came Denny Circo, on behalf of SANITARY AND IMPROVEMENT DISTRICT
NO. 303 OF DOUGLAS COUNTY, NEBRASKA, a political subdivision of the State of Nebraska,
known to me to be the Chairman of said sanitary and improvement district and the identical persons
whose name(s)is(are)affixed to the foregoing instrument,and acknowledged the execution thereof to
be their respective voluntary act and deed as such member(s) and the voluntary act and deed of said
sanitary and improvement district.
WITNESS my hand and Notarial Seal the day and year last above written.
[Seal]
NOTARY PUBLIC
STATE OF NEBRASKA )
SS
COUNTY OF )
On this _ day of , 2020, before me, a Notary Public in and for said
County, personally came Gary Lippstreu, on behalf of SANITARY AND IMPROVEMENT
DISTRICT NO. 303 OF DOUGLAS COUNTY, NEBRASKA, a political subdivision of the State of
Nebraska, known to me to be the Clerk of said sanitary and improvement district and the identical
persons whose name(s) is (are) affixed to the foregoing instrument, and acknowledged the execution
thereof to be their respective voluntary act and deed as such member(s)and the voluntary act and deed
of said sanitary and improvement district.
WITNESS my hand and Notarial Seal the day and year last above written.
[Seal]
NOTARY PUBLIC
"LANDLORD"
SKYLINE ACRES,LLC, a Nebraska
limited liability company
By:
Name:
Its:
STATE OF NEBRASKA )
)SS
COUNTY OF )
On this _ day of , 2020, before me, a Notary Public in and for said
County,personally came ,on behalf of SKYLINE ACRES,LLC, a Nebraska limited
liability company, known to me to be the of said limited liability company and the
identical persons whose name(s) is (are) affixed to the foregoing instrument, and acknowledged the
execution thereof to be their respective voluntary act and deed as such member(s) and the voluntary
act and deed of said limited liability company.
WITNESS my hand and Notarial Seal the day and year last above written.
[Seal]
NOTARY PUBLIC
EXHIBIT "A"TO MEMORANDUM OF GROUND LEASE
LEGAL DESCRIPTION OF THE LAND
EXHIBIT"B"TO MEMORANDUM OF GROUND LEASE
THE PREMISES
N87°25'061E 50.00'
r
LOT 2,SKYLINE
I WOODS REPLAT4
N02134154"W 50.00'—H le--S0214154'E 50.00'
f
I
587°25'06"W 50.001-7— •
POINT OF BEGINNING
587°26'20'W 55.00'
15
1111111
I
N � III
50 _ 0 50 A co
• m o
t inch = 50 ft.
� Y 1
SE1/4 OF THE SE1/4 OF li
SECTION 26,TOWNSHIP 15 NORTH,
RANGE 10 EAST - I
COMMENCEMENT POINT
LOT 1,SKYLINE WOODS 2ND ADDITION REPLAT 10 6
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN PART OF THE SE1/4 OF THE SE1/4 OF SECTION 26,TOWNSHIP 15 NORTH,RANGE 10 EAST OF THE 6TH
P.M.,DOUGLAS COUNTY,NEBRASKA.MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 1,SKYLINE WOODS 2ND ADDITION REPLAT 10,A SUBDIVISION LOCATED IN SAID
SE1/4 OF SECTION 26,SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF 217TH STREET;THENCE NO2°33140°W
(ASSUMED BEARING)ALONG SAID WESTERLY RIGHT-OE.WAY LINE OF 217TH STREET,A DISTANCE OF 327.83 FEET;THENCE
887°26'20'W,A DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING;THENCE 587°25'061W,A DISTANCE OF 50.00 FEET;THENCE
NO2°34'54"W,A DISTANCE OF 50.00 FEET;THENCE N87°25'06'1E;THENCE 502'34'54"E,A DISTANCE OF 50.00 FEET TO THE POINT OF
BEGINNING.
SAID TRACT OF LAND CONTAINS 2,500 SQUARE FEET OR 0.057 ACRES,MORE OR LESS.
E&A CONSULTING GROUP, INC. LAND ACQUISITION
e.a Engineering•Planning•Environment&Field Santa
f AAfOXIUUIN44I0URiN(.
1400afXSVWrypoad,Sub 140•Oman.NE UMPrum:44U9f5A100•FueMtHe!]6ef PART OF THE SE1140F SECTION
mtl°..ragA•a•.,, Drawn by:RLS I Chkd by: I Date: 051062019 26•T15N•R70E
Job No.: 1999.050.006 DOUGLAS COUNTY,NEBRASKA
Edcschaben 5/7201910:21 AM KMmjecls119991054061Srvy'Exhibit\SKYLINE WELL HOUSE ACDUISITICN.000.dwg
SANITARY AND IMPROVEMENT DISTRICT NO. 303
OF DOUGLAS COUNTY,NEBRASKA
SKYLINE WOOD
Interest 10/10
Trustees: Election- Odd
Dennis Circo - Chairman/Compliance Officer KCC - 2.5%
Jeff Kistner Ameritas - 2%
Gary Lippstreu- Clerk Formed 8/22/79
Jay Kline Doc 762 No. 301
Arun Agarwal I.D. 47-0707537
2019/2020 Valuation $31,702,860 Growth $744,800
General $ 82,427 $0.259998
Bond $ 72,917 $0.230001
Total $155,344 $0.489999
AGENDA
Sanitary and Improvement District No. 303 of Douglas County,Nebraska;Meeting to be held on
June 16, 2020
1. Present Open Meeting Laws.
2. Present statements, vote on and approve payment from the General Fund Account of the
District:
a) E &A Consulting Group for engineering services. (#151728) $717.36
b) H &H Landscape for mowing maintenance. (#18285, 135738,
18285) $1,563.00
c) Clean Sweep Commercial Parking Lot Services for street
sweeping. (#7075) $400.00
d) Metropolitan Utilities District for gas services. (#112000287013) $256.45
e) PeopleService for operation and maintenance of water
and wastewater collection system. (#35371) $1,949.79
f) Papillion Sanitation for trash removal services. (#5559956) $1,659.84
g) Omaha Public Power District for electrical services.
(#4433000021) $898.02
h) Kuehl Capital Corporation for advisor fees for the General
Fund warrants issued at this meeting. (2.5%) $186.11
i) Ameritas Investment Company LLC for underwriting fees
for the General Fund warrants issued at this meeting. (2%) $152.61
Total $7,783.18
3. Present statements,vote on and approve payment from the Construction Fund Account of the
District.
a) E & A Consulting Group for engineering services in
connection with 2018 Well #2. (#151729) $14,193.50
b) Skyline Acres LLC in connection with Easement and Land
Acquisition approved by resolution at the meeting held
September 17, 2019. $86,087.00
c) Kuehl Capital Corporation for advisor fees for the General
Fund warrants issued at this meeting. (2.5%) $2,507.01
d) Ameritas Investment Company LLC for underwriting fees
for the General Fund warrants issued at this meeting. (2%) $2,055.75
Total $104,843.26
5. Present Permanent Water Line Easement and Ground Lease for approval and execution.
6. Various other items pertaining to the District.