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RES 2008-0060 - Bid from Parking Management & Consultants Inc for municipal parking at Omaha Park One OHIAHA,4,F , �.�.. L IL- Parks, Recreation & �'�� Public Property Department "reli ,11 .ir V DECFr { 5 Omaha/Douglas Civic Center c+® ,;•C)l �� 'a, 1819 Farnam Street,Suite 701 PAt ry Y r{{ �py, Omaha,Nebraska 68183-0701 046 FE9RVI,- r J 4 l f' (402)444-5900 • FAX(402)444-4921 City of Omaha 191AHA. NIPASK Steven Scarpello Mike Fahey,Mayor Director January 8, 2008 Honorable President and Members of the City Council, The attached Resolution accepts the bid, as proposed by Parking Management & Consultants, Inc., for the operation of Omaha Park One, located on the north side of Douglas Street between 15th and 16th Streets. Additionally, this Resolution authorizes the Mayor to sign a contract with Parking Management & Consultants, Inc. for the operation of this parking facility. The following averages for base bids were received on October 3, 2007: VENDOR BID PARKING MANAGEMENT CONSULTANTS, INC. 85.90%FIRST YEAR Central Parking System 84.18%First Year Omaha Park One is a 755 stall garage and also provides the downtown Omaha Community with - 605 monthly stalls and 150 transient stalls. The attached Agreement illustrates the contractual responsibilities assumed by Parking Management Consultants, Inc. (a.k.a. PMC). These include collection of fees, certain maintenance-related activities, lot inspection, trash collection/disposal and providing detailed accounting and reporting documentation. The specific responsibilities of both PMC and the City are detailed within the attached Agreement. The term of this Agreement is five years with two (2), 2-year extensions that will be exercised by mutual agreement. ication and any other documents that are necessary to obtain such assistance; and, WHEREAS, approval of this Addendum is in the best interest of the citizens of the City of Omaha. WHEREAS, the Mayor has recommended approval of this Addendum. By Councilmember Adopted City Clerk Approved Mayor ,d ift j L Lamp, yneiarson i A FssolCl tes, Inc. WWW.LRA-INC.COM YgVTI- f 1471'0 Rest Dodge Road, Suite 100 ` > (Ph) 402.496.2498 Omaha,Nebraska 68154-2027 (Fax) 402.496.2730 _____ .. _ i I wen.AND El1$EME1'1T I LMW/um, I'-' (C3 e141.410R• 7tlMeM0 RmO24006 est Dodge Road,ScIIte"1(K)' (Ph) 102.196.2498 deep APRIL 6, 2007 Omaha,Nebraska 681�4-2(IL7 (Pax) 102.496.2730 boob peer 1H n.n,.,9682EAS—PNRD.dwg J :.-'""'n'iriI.711"lg.I....Illirlg.":=''S-JilliaillIlldilligillgillr--mr-rl'." ' Ir.; ..''.olIllMINr'''''" ----- IIIIIMIIIIIIIIIE., 11111- - 1 1 \- ------- .-- -- 1 EXHIBIT 113 ., r 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described os follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, o subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; • Honorable President and Members of the City Council Page 2 The Parks, Recreation and Public Property Department recommends the acceptance of the bid and approval of the contract from Parking Management & Consultants, Inc. being the lowest and best bid received, within the bid specifications, attached hereto and made a part hereof and requests your consideration and approval of this Resolution. Respectfully submitted, Referred to City Council for Consideration: ala, /07 - h2...,27.62 Steve Scarpello irector Date Mayor's Office Date Parks Recreation and Public Property Department Approved: Approved: a747 Carol A. Ebdon 'fo ar°1 Date ail Kin y T son, irector Date Finance Director � Human Rights and Relations Department P:\PRPP\17876maf.doc res fie t Eric D. Kjeldgaard, P ent e. CITY OF OMAHA, NEBRASKA AGREEMENT AND LEASE COVERING . OPERATION OF AUTOMOBILE PARKING CONCESSION THIS AGREEMENT AND LEASE, made and entered into this - day of c/c)AGiO1�J, , 2008, by and between the City of Omaha, a municipal corporation organized alt'fd existing under the laws of the State of Nebraska, hereinafter referred to as "City" and Allright Parking Omaha, Inc., a corporation organized and existing under the laws of the State of Nebraska, hereinafter referred to as "Concessionaire". WITNESSETH WHEREAS, the City of Omaha, Nebraska, owns a parking structure in Downtown Omaha, which parking structure is located on the north side of Douglas Street between 15th and 16th Streets and is commonly referred to as "OmahaPark One", and WHEREAS, the parties hereto desire to enter into an Agreement and Lease for the use of OmahaPark One in accordance with the terms, provisions and conditions as set forth hereinbelow. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the City and the Concessionaire do hereby mutually undertake, promise, agree and contract, each for itself and its successors and assigns as follows: ARTICLE I- TERM OF AGREEMENT Subject to the terms, provisions and conditions as set forth hereinafter below, and unless earlier terminated in accordance therewith, the term of this Agreement and Lease shall be for a period of approximately five (5) years commencing on the date of execution and ending June 30, 2013 with a two (2) year extension upon mutual agreement. ARTICLE II- LEASED PREMISES AND FACILITIES 1. For and in consideration of the compensation to be provided under the terms of this Agreement and Lease the City does hereby demise and lease unto the Concessionaire, the exclusive use and occupancy of the public parking facility located between 15th and 16th Streets and north of Douglas Street, in the City of Omaha, Nebraska commonly referred to as "OmahaPark One"; provided however, that this Lease is hereby made subject to the expressly conditioned upon the terms, provisions and conditions as set forth hereinbelow as well as the timely and performance by the concessionaire in strict compliance therewith. The location and description of the Leased Premises are shown on Exhibit B, attached hereto, and which is stipulated and agreed between the parties to be correct and by this reference is made a part hereof. 2. The City expressly reserves from the lease of the Leased Premises the following: A. The right to grant utility rights-of-way to others over, under, through, across or on that part of the Leased Premises located within twenty-five (25) feet of the outside boundary lines thereof, provided that such use will not unreasonably or materially IllMINr'''''" ----- IIIIIMIIIIIIIIIE., 11111- - 1 1 \- ------- .-- -- 1 EXHIBIT 113 ., r 388.71 feet) for an arc length of 431.69 feet; 3) Thence North 03'00'42" West for 295.57 feet to the Point of Beginning. Contains 300,132 square feet or 6.890 acres. PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described os follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, o subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; interfere with the Concessionaire's lawful use of the Leased Premises in accordance with this Agreement. ATRICLE III - RENTALS AND CHARGES 1. As rental for the Leased Facility and for the privilege of operating the Automobile Parking Concession, Concessionaire agrees to pay to the City each year during the term of this Agreement and Lease the following percentages of annual gross receipts or a minimum annual guaranteed rental of$500,000.00, whichever is greater: Year 1 85.90% of First Year Annual Gross Receipts Year 2 86.20% of Second Year Annual Gross Receipts Year 3 87.00% of Third Year Annual Gross Receipts Year 4 86.80% of Fourth Year Annual Gross Receipts Year 5 86.40% of Fifth Year Annual Gross Receipts Optional Year 6 Optional Year 7 2. For the purposes of this Agreement and Lease, the term "gross receipts" shall mean the aggregate amount of all receipts from the operation of the automobile parking concession whether for cash, credit or otherwise and regardless of when or whether payment is received. 3. One-twelfth of the minimum annual guaranteed rental will be paid to the office of the City Finance Director, in advance, on the first business day of each and every month during the term hereof, without notice to the Concessionaire. 4. Concessionaire shall furnish to the City by the fifteenth day of each month a certified statement showing total gross receipts, as defined herein, for the preceding month. In the event the receipts exceeding the minimum guarantee are not paid by the 15th, they shall be subject to the service charge of 1 1/2% per month or part thereof. With such monthly statement the Concessionaire shall remit to the office of the City Golf/Parking Division the above stated percentage of its aggregate gross receipts derived through the end of said preceding calendar month provided, however, that the Concessionaire shall be entitled to a credit each month for the sums paid under paragraph 3 hereinabove. For the purpose of this agreement a contract year shall be a period of twelve consecutive months beginning on the commencement date of this Agreement and Lease, and every twelve month period thereafter. 5. The City is entitled to collect and the Concessionaire agrees to pay all rentals due under this Agreement and Lease to the City of Omaha, Nebraska, without notice to the Concessionaire. Rentals not received when due on the first business day shall be subject to a service charge of one and one-half percent (1 1/2%) per month, based on an annual rate of eighteen percent (18%). 6. Without prejudice to any other remedy which otherwise might be used for arrears of rent or other breach of this Agreement and Lease, if the City is required or it elects to pay any sum or sums or incurs any obligations or expense by reason of failure, neglect or refusal of the Concessionaire to perform any one or more of the terms, conditions or covenants of this Agreement and Lease or as a result of any act or omission of Concessionaire contrary to said terms, conditions or covenants, the sum or sums so paid or the expense so -2- PARCEL 3 Part of the South Half of the North Half of the Southeast Quarter of Section 18, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, described os follows: Commencing at the northeast corner of Lot 120, ELK RIDGE, o subdivision, as surveyed, platted and recorded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; incurred, including all interest, costs, damages and penalties may be added to any installment of rent thereafter due hereunder and each and every part of the same shall be and become additional rent recoverable by the City in the same manner and with like remedies as if it were originally a part of the rent as set forth hereinabove. ARTICLE IV-ACTIVITIES, USES, PRIVILEGES AND OBLIGATIONS OF THE CONCESSIONAIRE 1. The Automobile Parking Concession is defined as the exclusive privilege of operating OmahaPark One as a public auto parking facility. 2. During the term of this Agreement and Lease, the Concessionaire agrees to use the Leased Premises solely for the purposes or activities stated above, subject to the conditions generally or particularly set forth herein, and not to use or permit the use of the Leased Premises or any part thereof for any purposes or activities other than those specifically stated above without first obtaining the express, written approval of the City. 3. The Concessionaire acknowledges and agrees that the City has the right to adopt and enforce reasonable rules and regulations and that it and all its employees, agents and servants will faithfully observe and comply with all rules and regulations as may from time to time be promulgated by the City. 4. Concessionaire, its employees, agents or servants, shall at all times comply with the laws and regulations of the United States of America, the State of Nebraska, and all applicable ordinances, codes and regulations of the City of Omaha. Violations thereof by Concessionaire, its agents or employees or revocation of permits or licenses required in the performance of this Agreement shall be cause for termination of this Agreement at the option of the City. 5. The Concessionaire agrees, at its own expense, to pay any and all taxes or assessments properly levied by the City, County or other governmental units against its property or income. 6. The Concessionaire will not suffer or permit to be maintained upon the Leased Premises or upon the exterior of any improvements or appurtenances thereto any billboards, signs or other advertising media except those which have prior written approval of the City; nor will the Concessionaire suffer or permit to be maintained within any structure situated upon or within the Leased Premises any signs or other advertising media which concerns goods or services other than those furnished or offered for sale by the Concessionaire except those which have prior written approval of the Parks, Recreation and Public Property Director. 7. The Concessionaire shall bear at its own expense all costs of operating the concession, and shall pay in addition to rental all other costs connected with the use of the Leased Premises, facilities, rights and privileges granted, including but not limited to: snow removal; insurance; and all licenses, permits or other similar authorizations as required under Federal, State or local laws and regulations insofar as they are necessary to comply with the requirements of this Agreement and the rights and privileges extended hereunder. The Concessionaire also agrees to repair or pay for all damage to the City's property caused by the wrongful or negligent acts or omissions of the Concessionaire, its agents, servants, employees, contractors, invitees, guests, patrons and suppliers arising -3- rded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; out of, whether directly or indirectly, the Concessionaire's use or occupancy of the Leased Premises, except structural damage caused by patrons requiring repairs as provided in Article VII(1) hereinafter. 8. The Concessionaire shall provide adequate sanitary handling and disposal of all trash, garbage and other refuse caused as a result of the operation of its business. The Concessionaire shall provide and use suitable covered receptacles for all garbage, trash and other refuse on or in connection with the Leased Premises as approved by the City. Piling of boxes, cartons, barrels or other similar items, in an unsightly or unsafe manner, on or about the Leased Premises, is forbidden. ARTICLE V - RIGHTS AND COVENANTS OF THE CITY 1. The City covenants that it is well seized of the Leased Premises and has good title thereto free and clear of all liens and encumbrances and has full right and authority to lease the same as herein set above. 2. The City covenants that the Concessionaire shall have peaceful possession and quiet enjoyment of the Leased Premises during the term hereof so long as the Concessionaire performs and observes all of the covenants, agreements, terms and conditions hereof 3. Nothing herein shall be construed to be contrary to, nor a waiver of the terms, provisions and conditions as set forth in Article XI hereinbelow. The City shall carry such insurance on the Leased Premises and facilities as it determines is required, however, the City shall not be liable for any damage to persons or property in the Leased Premises and Facilities resulting from structural failure, the elements, fire, explosion, wind, tornadoes, act of public enemy, act of God, or any other cause. 4. The City and its duly authorized representatives shall have at any and all times the full and unrestricted right to enter the premises for the purpose of inspecting or protecting such premises and doing any and all things which the City may be obligated to do under this Agreement and Lease or which may be deemed necessary for the proper general conduct and exercise of the City's police power, provided said entry shall not unreasonably interfere with the operation of Concessionaire. ARTICLE VI- CONCESSION OPERATIONS 1. It is the City's objective to provide the highest quality of service to the public. To accomplish this objective, Concessionaire agrees to manage and operate the Automobile Parking Concession with energy, fidelity, diligence and dedication and in full compliance with all of the provisions of this Agreement. 2. Concessionaire agrees to operate the Automobile Parking Concession as authorized herein Monday through Friday, 6:00 a.m. to 10:00 p.m. Upon mutual agreement, which must be confirmed in writing, hours may be added or deleted from this schedule. 3. Concessionaire shall select and appoint a Parking Concession Manager who shall be responsible for the Concessionaire's operation at the facility. Such person shall be a qualified and experienced manager vested with full power and authority in respect to the conduct of Concessionaire's operations hereunder. The Parking Concession Manager shall be available during regular weekday business hours. -4- negligent acts or omissions of the Concessionaire, its agents, servants, employees, contractors, invitees, guests, patrons and suppliers arising -3- rded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; 4. Concessionaire agrees that it shall take all reasonable measures in every proper manner to maintain, develop and increase the business conducted by it hereunder, and Concessionaire shall not divert or cause or allow any business to be diverted from the City by referral or any other method. 5. Concessionaire's employees shall be clean, courteous, efficient and neat in appearance. The Concessionaire shall not employ any person or persons in or about the Leased Premises who shall use improper language or act in a loud or boisterous or otherwise improper manner. Upon request of the City, the Concessionaire agrees to terminate any employee whose conduct the City feels is detrimental to the best interests of the City or offensive to the general public. ARTICLE VII- IMPROVEMENTS AND MAINTENANCE 1. The City agrees that it will, at its own expense, provide and keep in good structural repair the parking garage structure and paved parking therein, the elevator system, elevator vestibules and elevated skywalk, to the Central Park Plaza office building. 2. Concessionaire agrees to provide, install and maintain suitable price and directional signs, including signs showing current rates at each entrance and each cashier's booth; subject to the approval of the City. 3. Except as may be provided in paragraphs 1 and 2 of Article VII hereinabove, Concessionaire agrees that it will provide and keep in good repair all other leasehold improvements, facilities and equipment within the Leased Premises including, but not limited to, adequate and effective signing and paint striping. Concessionaire's maintenance responsibilities shall include, but not be limited to, relamping of light fixtures, replacing ballasts, sweeping, snow and ice removal sufficient to permit safe transit of the parking facilities by automobile and pedestrian traffic, and the following minimum maintenance requirements. A. Machine sweeping as required to keep the garage in a neat appearance. Hand sweeping of areas not accessible by machine. Thoroughly wash down garage 4 times a year to remove scale when weather permits. It is imperative that salt be removed from the parking deck in the spring and at other times as weather permits. B. Daily cleaning of stairs, elevators, elevator lobbies and skywalk, including but not limited to all windows and glass therein. C. Cleaning of light fixtures and immediate replacement of burned out light bulbs and/or ballasts. D. Routine maintenance of all parking equipment and office space. E. Removal of snow and ice from parking decks and adjacent sidewalk areas. Salt shall not be used. F. Maintain painted stripes and parking lanes. -5- ent, which must be confirmed in writing, hours may be added or deleted from this schedule. 3. Concessionaire shall select and appoint a Parking Concession Manager who shall be responsible for the Concessionaire's operation at the facility. Such person shall be a qualified and experienced manager vested with full power and authority in respect to the conduct of Concessionaire's operations hereunder. The Parking Concession Manager shall be available during regular weekday business hours. -4- negligent acts or omissions of the Concessionaire, its agents, servants, employees, contractors, invitees, guests, patrons and suppliers arising -3- rded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; G. Provide maintenance and inspection of all mechanical and electrical systems. Make repairs as required to keep these systems in excellent condition. Any warranties thereon shall also be available to the Concessionaire. 4. Concessionaire may not erect or install any improvements or additions or make any alterations without the expressed written approval of the City. ARTICLE VIII-REVENUE CONTROL EQUIPMENT 1. The revenue control equipment in place at the inception of this Agreement is owned by the City. Concessionaire is required to operate and maintain said existing equipment and any new, replacement equipment which might be installed by City. 2. Concessionaire agrees to maintain the revenue control equipment at full operating efficiency during the term hereof. Concessionaire shall either with its own personnel or a maintenance contractor, commence repairs of any equipment failure, malfunction or outage within four(4)hours. ARTICLE IX- SCHEDULE OF PARKING CHARGES 1. The current rates, which are in effect at the commencement of this agreement for monthly and hourly parking, shall remain in effect for the first year of this Agreement. Those rates are: $117.50 per month reserved $ 82.50 per month non-reserved $ 0.50 per 1/2 hr. to a maximum of$7.00 per day 2. Rates or fees for parking shall be determined by the Concessionaire subject to and conditioned upon approval of same by the City. The Concessionaire shall submit to the Director of Parks, Recreation and Public Property, for approval, any proposed increase in rates or fees. The Director shall have complete discretion in approving or denying any proposed increases, and shall take into consideration the impact, if any, the increase may have on the general public, as well as, its relation to current parking rates in other similar downtown parking structures. The Director shall also take into consideration any substantial or unanticipated increase in expenses or other costs of operation suffered by the Concessionaire through no fault of its own(such as an increase in taxes, etc.). No increase shall be put into effect unless and until same has been approved by the Parks, Recreation and Public Property Director. Any violation of this provision shall be grounds for immediate termination of this Agreement on three (3) days notice. 3. The garage has approximately 750 stalls; there must be a minimum of 100 public parking stalls for transient parkers. Concessionaire agrees to make available the remainder of the stalls for public parking by individual subscribers or business/groups paying a monthly rate. Stalls need not be assigned. Oversubscription and the terms of the subscription shall be subject to prior City approval. The Concessionaire shall coordinate with the Parks, Recreation and Public Property Director on assignment and allocation of stalls. Stalls will also be made available for special event parking with City approval or upon request by the City. -6- xperienced manager vested with full power and authority in respect to the conduct of Concessionaire's operations hereunder. The Parking Concession Manager shall be available during regular weekday business hours. -4- negligent acts or omissions of the Concessionaire, its agents, servants, employees, contractors, invitees, guests, patrons and suppliers arising -3- rded in Douglas County, Nebraska Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; • ARTICLE X- ACCOUNTING RECORDS AND REPORTS 1. The Concessionaire shall keep true, complete and accurate records of the gross receipts from the Concession operation. Such records shall be kept within the City of Omaha, and shall be open to inspection and audit by authorized representatives of the City at all reasonable times. All supporting records, documents, books and accounts shall be kept and retained by the Concessionaire for a period of two (2) years. Within ninety (90) days after the close of each year of the term of this Agreement, the Concessionaire shall have caused an audit to be made by a certified public accountant, of its annual gross receipts from the operation of the Leased Premises, and of the rental payments which it has made to the City in relation thereto, and such other details as the City may require consistent with this Agreement and shall have submitted to the City Finance Director a copy of such audit together with a statement from the Certified Public Accountant stating that in his opinion the rental paid to the City was in full compliance with this Agreement and Lease. Should such audit disclose a discrepancy between the amount paid to the City and the amount due, then an adjustment shall be made as necessary on such terms as may be acceptable to the City. 2. Concessionaire agrees to provide monthly reports of total tickets used, tickets lost, no charge, voided or unaccounted for. Concessionaire agrees that unaccounted for tickets will be equal to or less than 1/10 of 1% of total tickets. If unaccounted for tickets exceed this percentage; Concessionaire agrees to pay the daily rate per ticket to the City for each unaccounted ticket thereafter. ARTICLE XI- INDEMNIFICATION AND INSURANCE 1. The Concessionaire covenants and agrees to indemnify and hold harmless the City of Omaha, its officers, agents and employees, their successors and assigns, individually or collectively from and against all liability for any fines, claims, suits, demands, actions or causes of action of any kind and nature for personal injury or death, or property damage in any way arising out of or resulting from any activity or operation of the Concessionaire on the Leased Premises or in connection with its use of the Leased Premises or Leased Facilities and the Concessionaire further agrees to pay all expenses in defending against any claims made against the City; provided, however, that the Concessionaire shall not be liable for any injury, damage or loss occasioned by the sole negligence or willful misconduct of the City, its agents or employees. The Concessionaire and the City shall give prompt and timely notice of any claim made or suit instituted which, in any way, directly or indirectly, contingently or otherwise, affects or might affect either party. 2. The Concessionaire shall procure and maintain in effect during the term of this Agreement and Lease, with companies licensed to do business in the State of Nebraska, a certificate of insurance indicating (1) adequate worker's compensation; (2) public liability in an amount not less than $1,000,000 for injuries including accidental death to any person and subject to the same limit to each person in an amount of not less than $5,000,000 where more than one person is involved in any one accident; and (3) property damage insurance in an amount not less than $500,000; and naming the City of Omaha an additional insured. -7- Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; A certified copy of the policy or a certificate evidencing the existence thereof shall be delivered to the City within ten days after the execution of this Agreement and Lease. Each such copy shall contain a valid provision or endorsement that the policy may not be canceled, terminated or materially changed or modified without giving thirty (30) days written advance notice thereof to the City. Each such policy shall contain an additional endorsement providing that the insured's carrier shall not, without obtaining express advance permission from the City, raise any defense involving in any way the immunity of the City of Omaha, officers, agents or employees, the governmental nature of the City, or the provisions of any statutes respecting suits against the City. 3. The Concessionaire agrees to post with the City, upon execution of this Agreement and Lease, and maintain throughout the term hereof, a performance bond or irrevocable letter of credit drawn upon a local bank or savings institution in the amount of $200,000.00. Same shall insure the full and faithful performance by Concessionaire of all the covenants, terms and conditions of this Agreement and stand as security for the payment by Concessionaire of all valid claims by the City. 4. The Concessionaire shall furnish to the City satisfactory evidence that it carries Worker's Compensation Insurance in accordance with the laws of the State of Nebraska. ARTICLE XII - TERMINATION BY CONCESSIONAIRE 1. In addition to all other remedies available to the Concessionaire, this Agreement and Lease shall be subject to cancellation by the Concessionaire should any one or more of the following events occur: A. The issuance by any court of competent jurisdiction of any injunction preventing or restricting the use of the Leased Premises in such a manner as to substantially restrict the Concessionaire from conducting its automobile parking concession and the remaining in force of such injunction for at least sixty(60) days. B. The breach by the City of any of the terms, covenants, or conditions of this Agreement and Lease to be kept, performed, and observed by the City, and the failure of the City to remedy such breach for a period of sixty (60) days after written notice from the Concessionaire of the evidence of such breach. ARTICLE XIII - TERMINATION BY CITY 1. In addition to all other remedies available to the City, this Agreement and Lease shall be subject to cancellation by the City should any one or more of the following events occur: A. If the Concessionaire shall file a petition of bankruptcy; or if proceedings in bankruptcy shall be instituted against it and it is thereafter adjudicated a bankrupt pursuant to proceedings; or if a court shall take jurisdiction of the Concessionaire and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act; or if a Receiver for the Concessionaire's assets is appointed; or if the Concessionaire shall be divested of its rights, powers and privileges under this Agreement and Lease by other operation of law. -8- less than $1,000,000 for injuries including accidental death to any person and subject to the same limit to each person in an amount of not less than $5,000,000 where more than one person is involved in any one accident; and (3) property damage insurance in an amount not less than $500,000; and naming the City of Omaha an additional insured. -7- Thence North 86'53'18" East (bearings referenced to the Nebraska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; B. If the Concessionaire shall default in or fail to make any payments at the times and in the amounts as required of it under this Agreement and Lease. C. If the Concessionaire shall abandon and discontinue the conduct of the Automobile Parking Concession. D. If the Concessionaire shall fail to perform, keep and observe all the covenants and conditions contained in this Agreement and Lease to be performed, kept and observed by it. E. If the Concessionaire shall fail to abide by all applicable laws, ordinances, rules and regulations of the United States, State of Nebraska, or the City of Omaha. F. Provided that upon the happening of any of the contingencies recited in subparagraphs B, C, D, and E above the City shall give written notice to the Concessionaire to correct or cure same and if, within thirty (30) days from the date of such notice, the default, failure to perform or breach complained of shall not have been corrected in a manner satisfactory to the City, then the City shall have the right to terminate this Agreement and Lease, without further notice, and to enter upon and take full possession of the Leased Premises and Leased Facilities. Upon such happening, this Agreement and Lease shall automatically be deemed to have been irrevocably breached by the Concessionaire and shall terminate. The acceptance of rentals and fees by the City for any period or periods after a default of any of the terms, covenants, and conditions herein contained to be performed, kept and observed by the Concessionaire shall not be deemed a waiver of any rights on the part of the City to cancel this Agreement and Lease for failure by the Concessionaire to so perform, keep, or observe any of the terms of this Agreement and Lease to be kept, performed, and observed by the Concessionaire. 2. The City reserves the right to terminate this Agreement and Lease upon thirty (30) days notice to the Concessionaire in the event of the sale of the leased premises. Any such sale shall not be subject to the terms of this Agreement and Lease. Concessionaire acknowledges and agrees that upon notice of any such sale any and all rights that it may have under this Agreement shall terminate and does hereby expressly release and waive any rights, claims or causes of action it may have against the City or its successor in interest which may or could arise, either directly or indirectly as a result of any such sale. ARTICLE XIV- DAMAGE OR DESTRUCTION OF PREMISES The Concessionaire shall carry business interruption insurance. If the Leased Premises are partially damaged by fire, explosion, the elements, the public enemy, or other casualty, but not rendered untenantable, the same may be repaired by the City at its own cost and expense. If the damage shall be so extensive as in the opinion of the City would render such premises untenantable, but capable of being repaired in thirty (30) days, the City shall have the option to repair same at its own cost and expense or terminate this Agreement. In the event the said premises are completely destroyed by fire, explosion, the elements, the public enemy or other casualty, or so damaged that they will remain untenantable for more than thirty (30) days, the City shall be under no obligation to repair and reconstruct the premises, and rent payable hereunder shall be proportionately paid up to the time of such damage or destruction and shall thenceforth cease until such time as the premises may be fully restored. If within twelve (12) -9- ska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; months after the time of such damage or destruction said premises shall not have been repaired .or reconstructed, Concessionaire may give the City written notice of its intention or cancel this Agreement in its entirety as of the date of such damage or destruction. • ARTICLE XV- ASSIGNMENT AND SUBLETTING The activities uses, privileges and obligations authorized herein are personal and the Concessionaire agrees that it will not assign, sublet, or underlet the Leased Premises or Leased Facilities or any portion thereof without the expressed consent of the City in writing and any purported assignment in violation hereof shall be void. ARTICLE XVI- HOLDING OVER In the event the Concessionaire shall hold over and remain in possession of the Leased Premises or Leased Facilities herein leased after expiration of this Agreement and Lease without any written renewal thereof, such holding over shall not be deemed to operate as a renewal or extension of this Agreement and Lease, but shall only create a tenancy from month to month which may be terminated at any time by the City. In the event that the Concessionaire shall hold over and remain in possession of the Leased Premises or Leased Facilities herein leased after termination of this Agreement and Lease, any such holding over shall be deemed to be unlawful and entitle the City to per diem damages in the amount of two times the average daily gross receipts. ARTICLE XVII- SUCCESSOR AND ASSIGNS BOUND BY COVENANTS Except in the event of a sale of the Leased premises, all covenants, stipulations and agreements in this Agreement and Lease shall extend to and bind the legal representatives, successors, and assigns of the respective parties hereto. ARTICLE XVIII- GENERAL PROVISIONS 1. Notices to the City provided for in this Agreement and Lease shall be sufficient if sent by certified or registered mail,postage prepaid, addressed to: City of Omaha Parks, Recreation and Public Property Director 1819 Farnam Street, Room 701 Omaha,Nebraska 68183; and notices to the Concessionaire if sent by certified or registered mail, postage prepaid addressed to: James H. Monahan, President Parking Management & Consultants, Inc. 1904 Farnam Street, #623 Omaha, NE 68102 or to such other respective address as the parties may designate to each other from time to time in writing. -10- which may or could arise, either directly or indirectly as a result of any such sale. ARTICLE XIV- DAMAGE OR DESTRUCTION OF PREMISES The Concessionaire shall carry business interruption insurance. If the Leased Premises are partially damaged by fire, explosion, the elements, the public enemy, or other casualty, but not rendered untenantable, the same may be repaired by the City at its own cost and expense. If the damage shall be so extensive as in the opinion of the City would render such premises untenantable, but capable of being repaired in thirty (30) days, the City shall have the option to repair same at its own cost and expense or terminate this Agreement. In the event the said premises are completely destroyed by fire, explosion, the elements, the public enemy or other casualty, or so damaged that they will remain untenantable for more than thirty (30) days, the City shall be under no obligation to repair and reconstruct the premises, and rent payable hereunder shall be proportionately paid up to the time of such damage or destruction and shall thenceforth cease until such time as the premises may be fully restored. If within twelve (12) -9- ska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; • 2. The Concessionaire represents that it has carefully reviewed the terms and conditions of the Agreement and Lease and is familiar with such terms and conditions and agrees faithfully to comply with the same to the extent to which said terms and conditions apply to its activities, authorized and required by this instrument. 3. The term "City" as used in this Agreement and Lease means the City of Omaha, Nebraska, and where this Agreement and Lease speaks of approval and consent by the City such approval is understood to be manifested by act of the Mayor or his designated representative, except as otherwise expressly stated in this Agreement and Lease. 4. This Agreement and Lease will be interpreted under and pursuant to the laws of Nebraska. 5. This Agreement and Lease shall be subject to all federal, state, and local legislation prohibiting discrimination, including Title VI of the Civil Rights Act, Section 48-1122, Revised Statutes of Nebraska, 1943 as amended the Fair Employment Practices Ordinance of the City of Omaha and the provisions of the City Charter. Concessionaire and City assure that no person shall, on the grounds of race, color or national origin, political or religious opinion or affiliation be excluded from participation in, be denied the proceeds of, or be subject to discrimination under the program supported by this Agreement. For breach of this assurance, the City of Omaha shall have the right to terminate this Agreement or take appropriate judicial action for its enforcement. Concessionaire will furnish such compliance information and other reports as may be required by the City of Omaha. 6. The Concessionaire covenants that it has not retained or employed any company or person, other than bona fide employees working solely for Concessionaire any fee, commission, percentage, brokerage fee, gift, or any other award or making of this Agreement. For breach of this statement, the City of Omaha shall have the right to annul this Agreement without liability. 7. The Concessionaire shall comply with all municipal ordinances and state and federal laws relating to or applicable to this Agreement, including but not limited to Nebraska Unemployment Laws and Fair Labor Standards Act. 8. Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha, no elected official or any officer or employee of the City shall have a financial interest, direct, or indirect, in any City contract. A violation of that section with the knowledge of the Concessionaire, in addition to constituting employee malfeasance, shall be cause for the City to unilaterally terminate or void this Agreement. 9. Any subsequent agreement between the parties hereto on any matter whatsoever shall be in writing and executed by an authorized officer. 10. EOUAL EMPLOYMENT CLAUSE A. The Concessionaire shall not discriminate against any employee applicant for employment because of race, religion, color, sex, or national origin. The Concessionaire shall take affirmative action to insure that applicants are employed and that employees are treated during employment, without regard to their race, religion, color, sex or national origin. As used herein, the word "treated" shall -11- epair and reconstruct the premises, and rent payable hereunder shall be proportionately paid up to the time of such damage or destruction and shall thenceforth cease until such time as the premises may be fully restored. If within twelve (12) -9- ska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; • mean and include, without limitation, the following: recruited (whether advertising or by other means) compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The Concessionaire agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. B. The Concessionaire shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or worker's representative of the contractor's commitments under the Equal Employment Opportunity Clause of the City of Omaha and shall post copies of the notice in conspicuous places available to employees and applicants for employment. C. The Concessionaire shall furnish to the Contract Compliance Officer all Federal forms containing the information and reports required by the Federal government for Federal contracts under Federal rules and regulations, and including the information required by Sections 10-192 and 10-194 of the Omaha Municipal Code, inclusive, and shall permit reasonable access to his records. Records accessible to the Contract Compliance Officer shall be those which are related to Paragraphs (A) through (G) and only after reasonable notice is given the Concessionaire. The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. D. The Concessionaire shall take actions with respect to any subcontractor as the City may direct as a means of enforcing the provisions of Paragraphs (A) and (G), herein, including penalties and sanctions for noncompliance, provided, however, that in the event the Concessionaire becomes involved in or is threatened with litigation as the result of such directions by the City, the City will enter into such litigation as is necessary to protect the interests of the City and to effectuate the provisions of the Ordinance; and in the case of contracts receiving Federal assistance, the Concessionaire or the City may request the United States to enter into such litigation to protect the interests of the United States. E. The Concessionaire shall file and shall cause his subcontractors, if any, to file compliance reports with the City in the same form and to the same extent as required by the Federal government for Federal contracts under Federal rules and regulations. Such compliance reports shall be filed with the Contract Compliance Officer. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the contractor and his subcontractors. F. The Concessionaire shall include the provision of Paragraphs (A) through (F) of this Section, Equal Employment Opportunity Clause, and Section 10-193 in every subcontractor or purchase order so that such provisions will be binding upon each subcontractor or vendor. -12- race, religion, color, sex or national origin. As used herein, the word "treated" shall -11- epair and reconstruct the premises, and rent payable hereunder shall be proportionately paid up to the time of such damage or destruction and shall thenceforth cease until such time as the premises may be fully restored. If within twelve (12) -9- ska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; • ARTICLE XIX-INVALID PROVISION In the event that any covenant, condition, or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of any such covenant, condition, or provision herein contained shall not affect the validity of the remainder of the covenants, conditions or provisions of this Agreement and Lease which shall in all respects remain a legally binding contract with the invalid portion being deleted; provided that the validity of any such covenant, condition, or provision does not materially prejudice either the City or the Concessionaire in its respective rights and obligations contained in the valid covenants, conditions, or provisions of this Agreement and Lease. IN WITNESS WHEREOF, the parties have caused these presents to be signed by their duly authorized officers. d Dated at Omaha,Nebraska, this /Q day of cimuQt^f , 2008. CITY OF OMAHA, A Municipal Corporation ATTEST: By ' 11n•e.a t /'/O'4 t Mayor Date LZ,i4 404 City Clerk fr Date SEAL OF THE CITY OF OMAHA: PARKING MANAGEMENT & CONSULTANTS, INC. By /�' 1,e4 /,2-‘,/0-0BI APPROVED AS TO FORM: • criAA-( /2.10 7 Date P:\PRPP 1\17773maf.doc -13- t Compliance Officer shall be those which are related to Paragraphs (A) through (G) and only after reasonable notice is given the Concessionaire. The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. D. The Concessionaire shall take actions with respect to any subcontractor as the City may direct as a means of enforcing the provisions of Paragraphs (A) and (G), herein, including penalties and sanctions for noncompliance, provided, however, that in the event the Concessionaire becomes involved in or is threatened with litigation as the result of such directions by the City, the City will enter into such litigation as is necessary to protect the interests of the City and to effectuate the provisions of the Ordinance; and in the case of contracts receiving Federal assistance, the Concessionaire or the City may request the United States to enter into such litigation to protect the interests of the United States. E. The Concessionaire shall file and shall cause his subcontractors, if any, to file compliance reports with the City in the same form and to the same extent as required by the Federal government for Federal contracts under Federal rules and regulations. Such compliance reports shall be filed with the Contract Compliance Officer. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the contractor and his subcontractors. F. The Concessionaire shall include the provision of Paragraphs (A) through (F) of this Section, Equal Employment Opportunity Clause, and Section 10-193 in every subcontractor or purchase order so that such provisions will be binding upon each subcontractor or vendor. -12- race, religion, color, sex or national origin. As used herein, the word "treated" shall -11- epair and reconstruct the premises, and rent payable hereunder shall be proportionately paid up to the time of such damage or destruction and shall thenceforth cease until such time as the premises may be fully restored. If within twelve (12) -9- ska State Plane System NAD88) for 625.82 feet along the north line of said South Half of the North Half of the Southeast Quarter of Section 18 to the TRUE POINT OF BEGINNING; Thence North 86'53'18" East for 856.42 feet continuing along said north line; Thence South 12'07'53" West for 102.37 feet; Thence along a curve to the right (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; EXHIBIT `B" The legal description of OmahaPark One, a public parking structure on the north side of Douglas Street between 15th and 16th Streets, is Lots 5 through 8, Block 106, Original City of Omaha, Douglas County, Nebraska. P:\PRPP1\17773maf.doc -14- ithin the bid specifications, attached hereto and made a part hereof and requests your consideration and approval of this Resolution. Respectfully submitted, Referred to City Council for Consideration: ala, /07 - h2...,27.62 Steve Scarpello irector Date Mayor's Office Date Parks Recreation and Public Property Department Approved: Approved: a747 Carol A. Ebdon 'fo ar°1 Date ail Kin y T son, irector Date Finance Director � Human Rights and Relations Department P:\PRPP\17876maf.doc res fie t Eric D. Kjeldgaard, P ent e. • JTL • DOUGLAS COUNTY REQUEST FOR BID & BID SHEET ON: CITY OF OMAHA CONCESSIONS-,PARKING FROM: P.M.Burke.Assistant Purchasing Agent Published: September 19,2007 902 Omaha-Douglas Civic Center 18I9 Famam Street NOT AN ORDER Page 1 Omaha,Nebraska 68183-0902 BID BOND OR CERTIFIED CHECK IN THE AMOUNT OF$1,000.00 IS REQUIRED. Bid Closing Time&Date: 11:00 a.m. October 3,2007 IMPORTANT I. Bid must be in the office of the CITY CLERK,LC-1,OMAHA DOUGLAS 4. If Federal Excise Tax applies,show amount of same and deduct. Exemption CIVIC CENTER,1819 Farnam Street,Omaha,NE 68 1 83-00 1 1 by the closing certificates will be furnished. Do not include tax in bid. date and time indicated in a sealed envelop marked BID ON:CITY OF OMAHA CONCESSIONS-PARKING 2. As evidence of good faith a bid bond or certified check must be submitted with 5. BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES. bid. FAILURE TO DO SO IS CAUSE FOR REJECTION. 3. Right is reserved to accept or reject any or all bids in their entirety and the 6. When submitting bid on items listed,bidder may on a separate sheet,make bidders shall have the right to appeal any decision to the City Council. Right is suggestions covering reduction in costs wherever this is possible through also reserved to accept or reject any part of your bid unless otherwise indicated redesign,change of material or utilization of standard items or quantity by you. change. 7. If you do not desire to bid,return sheets wit easons for declining. Failure to do so will indicate your desire to be remo d from our mailing list. If you desire a copy of tabulation,check here • PLEASE DO NOT CALL FOR THIS INFORMATION • Quote your lowest price,best delivery and terms,F.O.B.delivery point on the item(s)listed below: —QUANTITY DESCRIPTION UNIT PRICE — EXTENSION 1 It is the intent of this Request for Bid to establish an agreement and lease for the operation of the automobile parking concession at Omaha Park One located between 15th and 16th Streets on the north side of Douglas Street. Work will be performed in accordance with the attached agreement (15 pages in length). This will be a five (5)year base contract with two (2), 2-year extensions that will be exercised by mutual agreement. Work on this contract will not start until July 1, 2008. Questioils-r ding this bid should be directed to Gary Deveney at (402)444-5963. All contractors can obtain a current City of Omaha Certified Protected Business Enterprise/Certified Business Enterprise(PBE/DBE)listing from the City of Omaha website at ww•w.ci,oinaha.ne.us Click on"DEPARTMENTS",click on"HUMAN RIGHTS&RELATIONS",click on"PBE/DBE CERTIFIED DIRECTORY". All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights and Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights and Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055. Refer any questions regarding the bid or specifications directly to the Purchasing Department at(402)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: Firm Incorporated In: Parking Management & Consultants, INC. NE Delivery(or completion) Name James H. Monahan Signature Calendar days following Title Phone Fax award PRESIDENT 402 346 1700 402 346 1165 Address 1904 Farnam St #6 2 3 OMAHA, NE 6 810 2 Street/PO Box City State Zip E-Mail Address ight (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; _ ,. �- W — U Z C Z U- Z - c All 4, N W U ce) v Z '"' Z d �6P.,.• I— W — U Z D CL 0 -(.) ( rt-- • -.. .)-r-...A,c( k:- - NI '4) ., 75^ � L.< pr.,: �. �. tom, � . , /�� f, w ao "" Ni N --, e_....) ("?-dri,„>/_, _1-',...ks.) t 0 q z w Uz \ ' m a) o 0 A) 4E1 ca N N s co 0 0 cj 0 0 0 CI ' N .al y 2 m Z cn Q a_ a. o. � � . .0 O 07 v 0 �, c� () .... a O 0 O a a o 0 0 o c c cn c c U o a� 6 m m m ca 7+ Z Cn q rn m To ' C O W a a o a o c C/) = c c c c q c CD m m co CO Cl) U m } an u. o ,, L Y o c9 cD it: 0co a) aC°i a`Bi c c a Z aC°i } > >} 0 0 //�� ° N CO 'Cr U7 0 0 L.� ~ m o Q C N U a) N — —I O (h N cr ._ E ,a C m `o n `m ° CO Q N ° d Y o F- 0 o a 0 e. 7. If you do not desire to bid,return sheets wit easons for declining. Failure to do so will indicate your desire to be remo d from our mailing list. If you desire a copy of tabulation,check here • PLEASE DO NOT CALL FOR THIS INFORMATION • Quote your lowest price,best delivery and terms,F.O.B.delivery point on the item(s)listed below: —QUANTITY DESCRIPTION UNIT PRICE — EXTENSION 1 It is the intent of this Request for Bid to establish an agreement and lease for the operation of the automobile parking concession at Omaha Park One located between 15th and 16th Streets on the north side of Douglas Street. Work will be performed in accordance with the attached agreement (15 pages in length). This will be a five (5)year base contract with two (2), 2-year extensions that will be exercised by mutual agreement. Work on this contract will not start until July 1, 2008. Questioils-r ding this bid should be directed to Gary Deveney at (402)444-5963. All contractors can obtain a current City of Omaha Certified Protected Business Enterprise/Certified Business Enterprise(PBE/DBE)listing from the City of Omaha website at ww•w.ci,oinaha.ne.us Click on"DEPARTMENTS",click on"HUMAN RIGHTS&RELATIONS",click on"PBE/DBE CERTIFIED DIRECTORY". All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights and Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights and Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055. Refer any questions regarding the bid or specifications directly to the Purchasing Department at(402)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: Firm Incorporated In: Parking Management & Consultants, INC. NE Delivery(or completion) Name James H. Monahan Signature Calendar days following Title Phone Fax award PRESIDENT 402 346 1700 402 346 1165 Address 1904 Farnam St #6 2 3 OMAHA, NE 6 810 2 Street/PO Box City State Zip E-Mail Address ight (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; . 3TL Page 2 DOUGLAS COUNTY REQUEST FOR BID ON: CITY OF OMAHA CONCESSIONS a PARKING NOT AN ORDER I QUANTITY DESCRIPTION Concessionaire agrees to pay the City of Omaha each year during the term of this agreement and lease the following percentages of annual gross receipts or a minimum annual guaranteed rental of $500,000.00, whichever is greater. Year 1 5 5:QU % of first year annual gross receipts Year 2 14 ° % of second year annual gross receipts Year 3 ' 07J of third year annual gross receipts Year 4 k gU % of fourth year annual gross receipts • Year 5 �� V % of fifth year annual gross receipts Optional Year 6 �J • %of sixth year annual gross receipts Optional Year 7 rjfi• 5-V % of seventh year annual gross receipts NOTE:REQUIREMENTS FOR BID BOND The surety company issuing the bid bond or the performance bond should be licensed by the State of Nebraska and listed on the current edition of Circular 570 of the United States Department of the Treasury. A certified check,a n officiaib ank check,o r cashier's checks drawn on a national bank or a bank chartered under the laws of the state,payable to the city,o r lawful money of the United States,o r a United States Government Bond(negotiable)are acceptable substitutes for bond requirements. I SIGN ALL COPIES ID r)/-()1 () Firm: Oayp io, h(Pf tit 1` b(4d 1sit,ifB��f By: '''`a/ ''"t Tit . /2f p -- CONTINUATION SHEET ets wit easons for declining. Failure to do so will indicate your desire to be remo d from our mailing list. If you desire a copy of tabulation,check here • PLEASE DO NOT CALL FOR THIS INFORMATION • Quote your lowest price,best delivery and terms,F.O.B.delivery point on the item(s)listed below: —QUANTITY DESCRIPTION UNIT PRICE — EXTENSION 1 It is the intent of this Request for Bid to establish an agreement and lease for the operation of the automobile parking concession at Omaha Park One located between 15th and 16th Streets on the north side of Douglas Street. Work will be performed in accordance with the attached agreement (15 pages in length). This will be a five (5)year base contract with two (2), 2-year extensions that will be exercised by mutual agreement. Work on this contract will not start until July 1, 2008. Questioils-r ding this bid should be directed to Gary Deveney at (402)444-5963. All contractors can obtain a current City of Omaha Certified Protected Business Enterprise/Certified Business Enterprise(PBE/DBE)listing from the City of Omaha website at ww•w.ci,oinaha.ne.us Click on"DEPARTMENTS",click on"HUMAN RIGHTS&RELATIONS",click on"PBE/DBE CERTIFIED DIRECTORY". All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights and Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights and Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055. Refer any questions regarding the bid or specifications directly to the Purchasing Department at(402)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: Firm Incorporated In: Parking Management & Consultants, INC. NE Delivery(or completion) Name James H. Monahan Signature Calendar days following Title Phone Fax award PRESIDENT 402 346 1700 402 346 1165 Address 1904 Farnam St #6 2 3 OMAHA, NE 6 810 2 Street/PO Box City State Zip E-Mail Address ight (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; EXHIBIT "B" CONTRACTOR EMPLOYMENT DATA BIDDERS ARE REQUIRED TO SUBMIT THE FOLLOWING WORKFORCE DATA WITH EACH BID (Protected Class as defined as Black,Hispanic,Asian and Pacific Islander,American Indian or Alaskan Native, Female) Total Employees Protected Class Males Protected Class Females Date Total Total Black Hispanic Asian or American Black Hispanic Asian or American Work Protected Pacific Indian or Pacific Indian or I(;1o1 Force Class Islander Alaskan Islander Alaskan Native Native 1 I C.) Refer any questions regarding the BID or SPECIFICATIONS directly to the Purchasing Department at(402)444-7155 or as shown on bid. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights and Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effectf or 24 months from the date received by the Human Rights and Relations Department.A ny question regarding the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055. (Please print legibly or type) Firm's Name: ear [4tA9 NI a f,p msp Vt j` 0 Abu I rc? r5 //) / (Date of Signing) Signature: 6� C1. m QS I� Mc) net h ce vi (9 re 5 yr 90-41Y4j)1141. (Print Name) (Title) (Sig ure) sit,ifB��f By: '''`a/ ''"t Tit . /2f p -- CONTINUATION SHEET ets wit easons for declining. Failure to do so will indicate your desire to be remo d from our mailing list. If you desire a copy of tabulation,check here • PLEASE DO NOT CALL FOR THIS INFORMATION • Quote your lowest price,best delivery and terms,F.O.B.delivery point on the item(s)listed below: —QUANTITY DESCRIPTION UNIT PRICE — EXTENSION 1 It is the intent of this Request for Bid to establish an agreement and lease for the operation of the automobile parking concession at Omaha Park One located between 15th and 16th Streets on the north side of Douglas Street. Work will be performed in accordance with the attached agreement (15 pages in length). This will be a five (5)year base contract with two (2), 2-year extensions that will be exercised by mutual agreement. Work on this contract will not start until July 1, 2008. Questioils-r ding this bid should be directed to Gary Deveney at (402)444-5963. All contractors can obtain a current City of Omaha Certified Protected Business Enterprise/Certified Business Enterprise(PBE/DBE)listing from the City of Omaha website at ww•w.ci,oinaha.ne.us Click on"DEPARTMENTS",click on"HUMAN RIGHTS&RELATIONS",click on"PBE/DBE CERTIFIED DIRECTORY". All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights and Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights and Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055. Refer any questions regarding the bid or specifications directly to the Purchasing Department at(402)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: Firm Incorporated In: Parking Management & Consultants, INC. NE Delivery(or completion) Name James H. Monahan Signature Calendar days following Title Phone Fax award PRESIDENT 402 346 1700 402 346 1165 Address 1904 Farnam St #6 2 3 OMAHA, NE 6 810 2 Street/PO Box City State Zip E-Mail Address ight (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; Parking Management & Consultants 623 Service Life Building Omaha, Nebraska 68102 Telephone 402 346-1700 October 2, 2007 Buster Brown Omaha City Clerk City County Bldg#LC 1 1819 Farnam St Omaha,NE 68183 RE: Parking Concession Omaha Park I Dear Mr. Brown: • Enclosed is our bid to operate Omaha Park I beginning 7-1-08 and a $1,000.00 cashier's check made payable to the City in lieu of a bid bond. The percentage bid is based on information supplied by the City that the facility grossed $845,887 in 2004, $824,272 in 2005 and $913,403 in 2006. We are not a Protected or Disadvantaged Business, but do submit contractor employment data sheet indicating the number of disadvantaged employees. //////''Yours truly, 2//ff James H. Monahan JHM/sf Enc. fie t Eric D. Kjeldgaard, P ent e. C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, bids were received on October 3, 2007, for the Agreement and Lease of municipal parking at Omaha Park One, Omaha Public Parking Facility, located 1516 Douglas Streets, Omaha,Nebraska; and, WHEREAS, Parking Management & Consultants, Inc. submitted the lowest and best bid to be paid annually to the City of Omaha, within bid specifications, in the amount of 85.90% of gross revenues the first year, 86.20% of gross revenues the second year, 87% of gross revenues the third year, 86.80% of gross revenues the fourth year, 86.40% of gross revenues the fifth year, 85% of gross revenues the sixth year and 84.5% of gross revenues the seventh year; and, WHEREAS, Parking Management&Consultants, Inc. has complied with the City's Contract Compliance Ordinance No. 28885 in relation to Civil Rights -Human Relations; and, WHEREAS, the Mayor has recommended acceptance of this bid and the approval of this contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the bid, from Parking Management & Consultants, Inc., to be paid annually to the City of Omaha, in the amount of 85.90% of gross revenues the first year, 86.20% of gross revenues the second year, 87% of gross revenues the third year, 86.80% of gross revenues the fourth year, 86.40% of gross revenues the fifth year, 85% of gross revenues the sixth year and 84.5% of gross revenues the seventh year for the Agreement and Lease of municipal parking at Omaha Park One, an Omaha Public Parking Facility located at 1516 Douglas Streets, being the lowest and best bid received, within the bid specifications, is hereby accepted and the contract is approved. APPROVED AS TO FORM: P:\PRPP\17 877maf.doc , Ci/lAq/C fe —e)-4 -17 9 CITY ATTORNEY DATE By /0400/qi,..)/44_ Councilmember Adopted JAN\-8'2008 6 - O ...Ciar22daL L4/ Ala /-/o-at DEP TY City Clerk Approved --t D t- '-Di Mayor lease for the operation of the automobile parking concession at Omaha Park One located between 15th and 16th Streets on the north side of Douglas Street. Work will be performed in accordance with the attached agreement (15 pages in length). This will be a five (5)year base contract with two (2), 2-year extensions that will be exercised by mutual agreement. Work on this contract will not start until July 1, 2008. Questioils-r ding this bid should be directed to Gary Deveney at (402)444-5963. All contractors can obtain a current City of Omaha Certified Protected Business Enterprise/Certified Business Enterprise(PBE/DBE)listing from the City of Omaha website at ww•w.ci,oinaha.ne.us Click on"DEPARTMENTS",click on"HUMAN RIGHTS&RELATIONS",click on"PBE/DBE CERTIFIED DIRECTORY". All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights and Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights and Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055. Refer any questions regarding the bid or specifications directly to the Purchasing Department at(402)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: Firm Incorporated In: Parking Management & Consultants, INC. NE Delivery(or completion) Name James H. Monahan Signature Calendar days following Title Phone Fax award PRESIDENT 402 346 1700 402 346 1165 Address 1904 Farnam St #6 2 3 OMAHA, NE 6 810 2 Street/PO Box City State Zip E-Mail Address ight (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due; cD o o acccc - on , c oa � b O CD ° 0 QJ 'd - ar CD to 0 O cD O CD E. N 0 cco • n = .10 Po CD N Ct ._ = o 2" 6`: � � � a. o o 5 cr )-0cD �, `, co n OD s� ctD v, � � o Q. 00 � � " o ¢ . \ 1 .\ ry n ,EL CD 'V 00 00 0\ °\ O0 � `C 1 c �. c4 rao N •V�io th � � � NMZ AD dq CCDD O CQ O O ton _ g • OCDO ' O6O ► Op C S ¢ 2 " o 0 n cD OrtD n 5 UQ OrA O o O� Oa CM O 6. 0 CD• O O O O O O O 5 p° x C A CD tr P e-r cn cn cn cn cn vi r-+, CD h CDti r w • • • • • • ••; '1 ht_ J �♦ UNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the bid, from Parking Management & Consultants, Inc., to be paid annually to the City of Omaha, in the amount of 85.90% of gross revenues the first year, 86.20% of gross revenues the second year, 87% of gross revenues the third year, 86.80% of gross revenues the fourth year, 86.40% of gross revenues the fifth year, 85% of gross revenues the sixth year and 84.5% of gross revenues the seventh year for the Agreement and Lease of municipal parking at Omaha Park One, an Omaha Public Parking Facility located at 1516 Douglas Streets, being the lowest and best bid received, within the bid specifications, is hereby accepted and the contract is approved. APPROVED AS TO FORM: P:\PRPP\17 877maf.doc , Ci/lAq/C fe —e)-4 -17 9 CITY ATTORNEY DATE By /0400/qi,..)/44_ Councilmember Adopted JAN\-8'2008 6 - O ...Ciar22daL L4/ Ala /-/o-at DEP TY City Clerk Approved --t D t- '-Di Mayor lease for the operation of the automobile parking concession at Omaha Park One located between 15th and 16th Streets on the north side of Douglas Street. Work will be performed in accordance with the attached agreement (15 pages in length). This will be a five (5)year base contract with two (2), 2-year extensions that will be exercised by mutual agreement. Work on this contract will not start until July 1, 2008. Questioils-r ding this bid should be directed to Gary Deveney at (402)444-5963. All contractors can obtain a current City of Omaha Certified Protected Business Enterprise/Certified Business Enterprise(PBE/DBE)listing from the City of Omaha website at ww•w.ci,oinaha.ne.us Click on"DEPARTMENTS",click on"HUMAN RIGHTS&RELATIONS",click on"PBE/DBE CERTIFIED DIRECTORY". All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights and Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights and Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights and Relations Department at(402)444-5055. Refer any questions regarding the bid or specifications directly to the Purchasing Department at(402)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: Firm Incorporated In: Parking Management & Consultants, INC. NE Delivery(or completion) Name James H. Monahan Signature Calendar days following Title Phone Fax award PRESIDENT 402 346 1700 402 346 1165 Address 1904 Farnam St #6 2 3 OMAHA, NE 6 810 2 Street/PO Box City State Zip E-Mail Address ight (having a radius of 100.00 feet and a long chord bearing South 35'37'17" West for 79.72 feet) for an arc length of 82.00 feet; Thence along a curve to the left (having a radius of 150.00 feet and a long chord bearing South 26'16'30" West for 162.67 feet) for on arc length of 171.93 feet; Thence along a curve to the left (having a radius of 300.00 feet and a long chord bearing South 12'08'18" East for 58.31 feet) for an arc length of 58.40 feet; Thence South 64'14'59" West for 279.84 feet; Thence South 25'43'02" East for 209.57 feet to the south line of said South Half of the North Half of the Southeast Quarter of Section 18; Thence South 86'54'09" West for 1037.07 feet along the said south line; Thence North 34'18'19" East for 832.51 feet to the Point of Beginning. Containing 601,119 square feet or 13.800 acres. ExHIBIT „ h SHEET 2 OF 2 96082\dwg\9662PNRD-bndrev-cert.dwg Book 96082 #2 p.m 26 Dete August 23, 2005 Y MJW Job Number 96082.03-400 J jj IL.,Lamye(R ' ra 1:044 4. G. W W W.LRA-INC.COM -" - 474'0'W"est Dodge adr Su)f ee"FOD "'' " '"' ",'' (Ph)402.496.2498 Omaha,Nebns to 68154.2027 (Fax)402.496.2730 ..,:,:= „ -,.„."4r740'V est 'goad,Si 100",.7,.�,4,",_.."_,_. Omaha,N•chr 1 68154-2027 (ax)402.496.2730 (Fax)402.496.2730 (Fax)402.496.2730 ;-<: ...i'. 1,Y/r. ' :•".. �� ' \�a -/' r '' \, %/, �..i .1/4///4) f +�\Pk 1PYF.yy? - 'r 1 r+' `it Ewa \ A: 0A \�'. i:, P , y< . �, �+ r�ij) et' ��_�'�i :�ir}Ri'' t' � ��.0 1 \�\,�\\•. _ �T��3`y\, s, and protected-focus media for a reasonable period before bids are due;