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RES 2007-1472 - Agmt with Syngenta Crop Protection Inc for Gibson Rd viaduct 0 OtAAHA,APF4 F P` _ �-� `„ 4�s C E C -' + V E 1 Public Works Department y`�+'�►, tip`i,,,� 07 1�0,� Omaha/Douglas Civic Center it e,,C' k, ^ . ,? , j e 1819 Famam Street,Suite 601 ®, 'fir'/ �t U—'�; December 4, 2007 Pt� �' �4 1 ozro Omaha,Nebraska 68183-0601 444-5220 oA�� t�; CITY Fax(402)444-5248 FOFeaRC�r:%k (402) City of Omaha h1"�H I', N t t�,1 S 4 4 Robert G.Stubbe,P.E. Mike Fahey,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving an Agreement between Syngenta Crop Protection, Inc. and the City of Omaha. The Agreement spells out the conditions for Syngenta- Crop Protection, Inc. to participate in funding of the "Gibson Road Viaduct; Project S.P. 90-03", located between 13th Street and Missouri Avenue. Syngenta Crop Protection, Inc. will pay the City of Omaha $125,000.00 for benefits derived from this project with further details spelled out in the attached Agreement. • The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Respec y submitted, Referred to City Council for Consideration: / A.,el d ii•- 0 7 //—/6 — R bert G. Stubbe, P.E. _WC-Date Mayor's Office Date Public Works Director • Approved as to Funding: `CL`,-. . )1114110'1 Carol A. Ebdon 6i. Date Finance Director P:\PW\9395sap.doc ,.,��2, - 20,-2- 5a /7 am _ei - obert G. tubbe, P.E. la Date Mayor's Office Date Public Works Director Approved as to Funding: Approved: ` r -* 0-Cvb--t- — 0 i ilk-6/6 7 Carol A. Ebdon 4/24 Date Gail Kinsey Tho son Date Finance Director in Human Rights and Relations Director P:\PW\9412sap.doc making process. Sine ly, , ' ,Jj4...6.......,----- i'''..r..-- Dave Heineman Governor An f7 l Q .-a e•srY:"NR r,,a Aeek7:r:r,z:yow tropolitan Conmunity College Metropolitan Unties Otaulct alkyd PWy4c Sctoda Milad Suburban Fir.Calm' Onnaile Airpon Autfx tIty Omaha Hourrrd kahori;y Omaha Ptnn oog Eo-uC Omaha Pudic Power O'satct Paplipn I La Vista Pubic School Ptuplo-Missouri River NaIWM ReS01eteP OteltCl Pon{Creek Oroiee°s ' OislriCI • Ralston Punic Schools Vans Fire PtOlect.00 I _ 1299 Farnam Street,15th Floor,Omaha,NE 68102 Ph;(402)930-1720 Fax:(402)829-8715 A D11A01/9988011.0303/8628991.1 EE $1,000,000 OTHER FOR INFORMATIONAL PURPOSES'ONLY de secret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 (JUNE 1987), if applicable, unless they are being provided to the Department of Defense. If the Software and Documentation are being provided to the Department of Defense, Licensee's use, duplication, or disclosure of the Software and Documentation is subject to the restricted rights set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT 1988), if applicable. The Software and Documentation may or may not include a Restricted Rights notice, or other notice referring to this Agreement. The provisions of this Agreement will continue to apply, but only to the extent that they are consistent with the rights provided to the Licensee under the provisions of the FAR or DFARS mentioned above, as applicable to the particular procuring agency and procurement transaction. Section 12 GENERAL 12.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption that public disclosure of the Software or any trade secrets associated with the Software has occurred. Motorola.SLA.Exhibit Aformat.FINAL.1.10.05.revision.doc an federal, state, and local taxes based on Seller's income or net worth), all of which will be paid by Customer except as exempt by law. If Seller is required to pay or bear the burden of any such taxes, it 10 han one (1) year after the accrual of such cause of action, except for money due upon an open account. 9 suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Customer to the extent it is 8 s, maintenance and support provisions, additions to 3 reunder,the Mortgagor shall upon demand of the Mortgagee surrender posses- sion of the mortgaged property to the Mortgagee, and the Mortgagee may enter such property, and let the same and collect all the rents therefrom which are due or to become due, and apply the same, after payment of all charges and expenses,on account of the indebtedness hereby secured, and all such rents and all leases existing at the time of such default are hereby assigned to the Mortgagee as further security for the payment of the indebtedness secured hereby;and the Mortgagee may also dispossess,by the usual summary proceedings, any tenant defaulting in the payment of any rent to the Mortgagee. 4. or promulgated by lawful authority,iand upon their completion shall comply tons therefor shall comply with all th municipal ordinances, rags herewith. 9. Upon any failure by the Mortgagor to comply with or perform any of the terms,covenants or conditions of this Mortgage requiring the payment of any amount of money by the Mortgagor,other than the principal amount of the loan evidenced by the Nov.. interest and other charges, as provided in the Note,the Mortgagee may at its option make such payment. Every payment made b the Mortgagee (including reasonable attorney's fees incurred thereby), with interest thereon from the date of such payment, at tt,i, 3. $298,629 79.6% 2086 $217,169 $275,864 $316,697 82.3% 2017 $204,956 $260,350 $298,887 79.6% 2087 $217,346 $276,089 $316,955 82.4% 2018 $205,133 $260,575 $299,145 79.6% 2088 $217,523 $276,314 $317,213 82.4% 2019 $205,310 $260,800 $299,403 79.7% 2089 $217,700 $276,539 $317,471 82.4% 2020 $205,487 $261,025 $299,661 79.7% 2090 $217,877 $276,764 $317,730 82.5% 2021 $205,664 $261,250 $299,919 79.8% 2091 $218,054 $276,988 $317,988 82.5% 2022 $205,841 $261,475 $300,177 79.8% 2092 $218,231 $277,213 $318,246 82.6% 2023 $206,018 $261,699 $300,436 79.8% 2093 $218,408 $277,438 $318,504 82.6% 2024 $206,195 $261,924 $300,694 79.9% 2094 $218,585 $277,663 $318,762 82.6% 2025 $206,372 $262,149 $300,952 79.9% 2095 $218,762 $277,888 $319,020 82.7% 2026 $206,549 $262,374 $301,210 80.0% 2096 $218,939 $278,113 $319,278 82.7% 0,333 35.8% 976 $113,515 $144,195 $165,539 38.5% 1256 $128,512 S163,246 $187,409 49.6% AGREEMENT n • This Agreement is made and entered into this day of oeCwde, , 2007, by and between the CITY OF OMAHA, a Municipal Corporation of the State of Nebraska, hereinafter referred to as the"City" and the Syngenta Crop Protection, Inc. hereinafter referred to as "Business". WITNESSETH WHEREAS, the City is constructing a new viaduct from approximately Archer Avenue and 13`h Street to approximately Gibson Road and Missouri Avenue, hereinafter referred to as the "Gibson Road Viaduct; S. P. 90-03" or as the "Project"; and, WHEREAS, this Project will allow the closure of the at-grade railroad crossing at approximately l2`h and Missouri; and, WHEREAS, the City has an agreement with the Nebraska Department of Roads(NDOR) wherein the NDOR will reimburse the City for 90% of the Construction Costs of the Project, up to a maximum reimbursement of$5,000,000; and, WHEREAS, other project costs including preparation of an Environmental Assessment, Project Bid Documents, Right-of-Way Acquisition, and other engineering and administrative work associated with the Project, all of which, including the Construction and Construction Administration Cost are in excess of$10, 570,000.00; and, WHEREAS, the City has programmed Street Bond Funds, Sewer Revenue Funds, Burlington Northern Funds, and Benefited Industries cost shares, to match the federal monies, in order to finance the entire Project Cost; and, WHEREAS, under its agreement with the NDOR, the City let the project for bid on June 30, 2006; and, WHEREAS, the Business and its property will generally, specially and directly benefit from the improved access, traffic circulation, and the elimination of the at-grade railroad crossing afforded by the completed Project; and, WHEREAS, as a result, the Business has agreed to participate financially in the Project; and, WHEREAS, both the CITY and the Business desire to describe and define the responsibilities and assignment of costs for this project. Relations Director P:\PW\9412sap.doc making process. Sine ly, , ' ,Jj4...6.......,----- i'''..r..-- Dave Heineman Governor An f7 l Q .-a e•srY:"NR r,,a Aeek7:r:r,z:yow tropolitan Conmunity College Metropolitan Unties Otaulct alkyd PWy4c Sctoda Milad Suburban Fir.Calm' Onnaile Airpon Autfx tIty Omaha Hourrrd kahori;y Omaha Ptnn oog Eo-uC Omaha Pudic Power O'satct Paplipn I La Vista Pubic School Ptuplo-Missouri River NaIWM ReS01eteP OteltCl Pon{Creek Oroiee°s ' OislriCI • Ralston Punic Schools Vans Fire PtOlect.00 I _ 1299 Farnam Street,15th Floor,Omaha,NE 68102 Ph;(402)930-1720 Fax:(402)829-8715 A D11A01/9988011.0303/8628991.1 EE $1,000,000 OTHER FOR INFORMATIONAL PURPOSES'ONLY de secret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 (JUNE 1987), if applicable, unless they are being provided to the Department of Defense. If the Software and Documentation are being provided to the Department of Defense, Licensee's use, duplication, or disclosure of the Software and Documentation is subject to the restricted rights set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT 1988), if applicable. The Software and Documentation may or may not include a Restricted Rights notice, or other notice referring to this Agreement. The provisions of this Agreement will continue to apply, but only to the extent that they are consistent with the rights provided to the Licensee under the provisions of the FAR or DFARS mentioned above, as applicable to the particular procuring agency and procurement transaction. Section 12 GENERAL 12.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption that public disclosure of the Software or any trade secrets associated with the Software has occurred. Motorola.SLA.Exhibit Aformat.FINAL.1.10.05.revision.doc an federal, state, and local taxes based on Seller's income or net worth), all of which will be paid by Customer except as exempt by law. If Seller is required to pay or bear the burden of any such taxes, it 10 han one (1) year after the accrual of such cause of action, except for money due upon an open account. 9 suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Customer to the extent it is 8 s, maintenance and support provisions, additions to 3 reunder,the Mortgagor shall upon demand of the Mortgagee surrender posses- sion of the mortgaged property to the Mortgagee, and the Mortgagee may enter such property, and let the same and collect all the rents therefrom which are due or to become due, and apply the same, after payment of all charges and expenses,on account of the indebtedness hereby secured, and all such rents and all leases existing at the time of such default are hereby assigned to the Mortgagee as further security for the payment of the indebtedness secured hereby;and the Mortgagee may also dispossess,by the usual summary proceedings, any tenant defaulting in the payment of any rent to the Mortgagee. 4. or promulgated by lawful authority,iand upon their completion shall comply tons therefor shall comply with all th municipal ordinances, rags herewith. 9. Upon any failure by the Mortgagor to comply with or perform any of the terms,covenants or conditions of this Mortgage requiring the payment of any amount of money by the Mortgagor,other than the principal amount of the loan evidenced by the Nov.. interest and other charges, as provided in the Note,the Mortgagee may at its option make such payment. Every payment made b the Mortgagee (including reasonable attorney's fees incurred thereby), with interest thereon from the date of such payment, at tt,i, 3. $298,629 79.6% 2086 $217,169 $275,864 $316,697 82.3% 2017 $204,956 $260,350 $298,887 79.6% 2087 $217,346 $276,089 $316,955 82.4% 2018 $205,133 $260,575 $299,145 79.6% 2088 $217,523 $276,314 $317,213 82.4% 2019 $205,310 $260,800 $299,403 79.7% 2089 $217,700 $276,539 $317,471 82.4% 2020 $205,487 $261,025 $299,661 79.7% 2090 $217,877 $276,764 $317,730 82.5% 2021 $205,664 $261,250 $299,919 79.8% 2091 $218,054 $276,988 $317,988 82.5% 2022 $205,841 $261,475 $300,177 79.8% 2092 $218,231 $277,213 $318,246 82.6% 2023 $206,018 $261,699 $300,436 79.8% 2093 $218,408 $277,438 $318,504 82.6% 2024 $206,195 $261,924 $300,694 79.9% 2094 $218,585 $277,663 $318,762 82.6% 2025 $206,372 $262,149 $300,952 79.9% 2095 $218,762 $277,888 $319,020 82.7% 2026 $206,549 $262,374 $301,210 80.0% 2096 $218,939 $278,113 $319,278 82.7% 0,333 35.8% 976 $113,515 $144,195 $165,539 38.5% 1256 $128,512 S163,246 $187,409 49.6% NOW, THEREFORE in consideration of the mutual covenants and agreements herein contained, the City and the Association do hereby mutually undertake, promise, agree and contract each for themselves and their successors and assigns as follows: 1. CITY'S RESPONSIBILITIES. The City agrees to perform the following tasks, as well as, all other tasks required for bidding, letting, and constructing the Project, should the Project go forward: a. The City has prepared drawings and specifications for the Project (hereinafter referred to as "Plans and Specifications"), copies of which will be provided to the Business if requested; b. The City has prepared an Environmental Assessment for the Project, copies of which will be provided to the Business if requested; c. The City conducted a public bid letting for the Project in compliance with Nebraska Law and the City of Omaha Municipal Code; and, d. The City is paying all costs of the Project using the combined funds for the project including those from the Federal Government, State Government, various bond funds, railroad funds, cost share funds, and payments from local businesses. Such expenditures are being made as bills are presented and approved for payment 2. BUSINESS'S RESPONSIBILITIES. The Business agrees to pay$125,000 towards the construction of the project. The Business' responsibility in that regard shall not exceed $125,000. This payment is for the special and direct benefits that the business and its property will receive as a result of the project. The City will bill the Business on December 15, 2007 for their payment and Business agrees to pay the sum of$125,000 to the City within 30 days of the receipt of the bill. 3. AMENDMENTS. No changes may be made to this Agreement or any attachments thereto except in writing and agreed to by the parties. The Public Works Director of the City of Omaha shall have the authority to administer this agreement on behalf of the City and to exercise discretion with respect to those matters contained herein so long as the project proceeds in general accord with the design and schedule referenced herein. 4. INTEREST OF THE CITY -Pursuant to section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City contract. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the contract voidable by the Mayor or Council. 5. NON-DISCRIMINATION - The City and the Business shall not, in the performance of this Agreement discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, disability, political or religious opinions, affiliations or national origin. RPOSES'ONLY de secret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 (JUNE 1987), if applicable, unless they are being provided to the Department of Defense. If the Software and Documentation are being provided to the Department of Defense, Licensee's use, duplication, or disclosure of the Software and Documentation is subject to the restricted rights set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT 1988), if applicable. The Software and Documentation may or may not include a Restricted Rights notice, or other notice referring to this Agreement. The provisions of this Agreement will continue to apply, but only to the extent that they are consistent with the rights provided to the Licensee under the provisions of the FAR or DFARS mentioned above, as applicable to the particular procuring agency and procurement transaction. Section 12 GENERAL 12.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption that public disclosure of the Software or any trade secrets associated with the Software has occurred. Motorola.SLA.Exhibit Aformat.FINAL.1.10.05.revision.doc an federal, state, and local taxes based on Seller's income or net worth), all of which will be paid by Customer except as exempt by law. If Seller is required to pay or bear the burden of any such taxes, it 10 han one (1) year after the accrual of such cause of action, except for money due upon an open account. 9 suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Customer to the extent it is 8 s, maintenance and support provisions, additions to 3 reunder,the Mortgagor shall upon demand of the Mortgagee surrender posses- sion of the mortgaged property to the Mortgagee, and the Mortgagee may enter such property, and let the same and collect all the rents therefrom which are due or to become due, and apply the same, after payment of all charges and expenses,on account of the indebtedness hereby secured, and all such rents and all leases existing at the time of such default are hereby assigned to the Mortgagee as further security for the payment of the indebtedness secured hereby;and the Mortgagee may also dispossess,by the usual summary proceedings, any tenant defaulting in the payment of any rent to the Mortgagee. 4. or promulgated by lawful authority,iand upon their completion shall comply tons therefor shall comply with all th municipal ordinances, rags herewith. 9. Upon any failure by the Mortgagor to comply with or perform any of the terms,covenants or conditions of this Mortgage requiring the payment of any amount of money by the Mortgagor,other than the principal amount of the loan evidenced by the Nov.. interest and other charges, as provided in the Note,the Mortgagee may at its option make such payment. Every payment made b the Mortgagee (including reasonable attorney's fees incurred thereby), with interest thereon from the date of such payment, at tt,i, 3. $298,629 79.6% 2086 $217,169 $275,864 $316,697 82.3% 2017 $204,956 $260,350 $298,887 79.6% 2087 $217,346 $276,089 $316,955 82.4% 2018 $205,133 $260,575 $299,145 79.6% 2088 $217,523 $276,314 $317,213 82.4% 2019 $205,310 $260,800 $299,403 79.7% 2089 $217,700 $276,539 $317,471 82.4% 2020 $205,487 $261,025 $299,661 79.7% 2090 $217,877 $276,764 $317,730 82.5% 2021 $205,664 $261,250 $299,919 79.8% 2091 $218,054 $276,988 $317,988 82.5% 2022 $205,841 $261,475 $300,177 79.8% 2092 $218,231 $277,213 $318,246 82.6% 2023 $206,018 $261,699 $300,436 79.8% 2093 $218,408 $277,438 $318,504 82.6% 2024 $206,195 $261,924 $300,694 79.9% 2094 $218,585 $277,663 $318,762 82.6% 2025 $206,372 $262,149 $300,952 79.9% 2095 $218,762 $277,888 $319,020 82.7% 2026 $206,549 $262,374 $301,210 80.0% 2096 $218,939 $278,113 $319,278 82.7% 0,333 35.8% 976 $113,515 $144,195 $165,539 38.5% 1256 $128,512 S163,246 $187,409 49.6% • • 6. APPLICABLE LAW - Parties to this Agreement shall conform with all existing and applicable City ordinances, resolutions, state and local laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. 7. STRICT COMPLIANCE - All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from an authorized representative. 8. MERGER- This Agreement shall not be merged into any other oral or written contract, lease or deed of any type. This is the complete and full agreement of the parties. 9. MODIFICATION - This Agreement contains the entire agreement of the parties. No representations were made or relied upon by either party other than those that are expressly set forth herein. No agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. p l businesses. Such expenditures are being made as bills are presented and approved for payment 2. BUSINESS'S RESPONSIBILITIES. The Business agrees to pay$125,000 towards the construction of the project. The Business' responsibility in that regard shall not exceed $125,000. This payment is for the special and direct benefits that the business and its property will receive as a result of the project. The City will bill the Business on December 15, 2007 for their payment and Business agrees to pay the sum of$125,000 to the City within 30 days of the receipt of the bill. 3. AMENDMENTS. No changes may be made to this Agreement or any attachments thereto except in writing and agreed to by the parties. The Public Works Director of the City of Omaha shall have the authority to administer this agreement on behalf of the City and to exercise discretion with respect to those matters contained herein so long as the project proceeds in general accord with the design and schedule referenced herein. 4. INTEREST OF THE CITY -Pursuant to section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City contract. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the contract voidable by the Mayor or Council. 5. NON-DISCRIMINATION - The City and the Business shall not, in the performance of this Agreement discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, disability, political or religious opinions, affiliations or national origin. RPOSES'ONLY de secret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 (JUNE 1987), if applicable, unless they are being provided to the Department of Defense. If the Software and Documentation are being provided to the Department of Defense, Licensee's use, duplication, or disclosure of the Software and Documentation is subject to the restricted rights set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT 1988), if applicable. The Software and Documentation may or may not include a Restricted Rights notice, or other notice referring to this Agreement. The provisions of this Agreement will continue to apply, but only to the extent that they are consistent with the rights provided to the Licensee under the provisions of the FAR or DFARS mentioned above, as applicable to the particular procuring agency and procurement transaction. Section 12 GENERAL 12.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption that public disclosure of the Software or any trade secrets associated with the Software has occurred. Motorola.SLA.Exhibit Aformat.FINAL.1.10.05.revision.doc an federal, state, and local taxes based on Seller's income or net worth), all of which will be paid by Customer except as exempt by law. If Seller is required to pay or bear the burden of any such taxes, it 10 han one (1) year after the accrual of such cause of action, except for money due upon an open account. 9 suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Customer to the extent it is 8 s, maintenance and support provisions, additions to 3 reunder,the Mortgagor shall upon demand of the Mortgagee surrender posses- sion of the mortgaged property to the Mortgagee, and the Mortgagee may enter such property, and let the same and collect all the rents therefrom which are due or to become due, and apply the same, after payment of all charges and expenses,on account of the indebtedness hereby secured, and all such rents and all leases existing at the time of such default are hereby assigned to the Mortgagee as further security for the payment of the indebtedness secured hereby;and the Mortgagee may also dispossess,by the usual summary proceedings, any tenant defaulting in the payment of any rent to the Mortgagee. 4. or promulgated by lawful authority,iand upon their completion shall comply tons therefor shall comply with all th municipal ordinances, rags herewith. 9. Upon any failure by the Mortgagor to comply with or perform any of the terms,covenants or conditions of this Mortgage requiring the payment of any amount of money by the Mortgagor,other than the principal amount of the loan evidenced by the Nov.. interest and other charges, as provided in the Note,the Mortgagee may at its option make such payment. Every payment made b the Mortgagee (including reasonable attorney's fees incurred thereby), with interest thereon from the date of such payment, at tt,i, 3. $298,629 79.6% 2086 $217,169 $275,864 $316,697 82.3% 2017 $204,956 $260,350 $298,887 79.6% 2087 $217,346 $276,089 $316,955 82.4% 2018 $205,133 $260,575 $299,145 79.6% 2088 $217,523 $276,314 $317,213 82.4% 2019 $205,310 $260,800 $299,403 79.7% 2089 $217,700 $276,539 $317,471 82.4% 2020 $205,487 $261,025 $299,661 79.7% 2090 $217,877 $276,764 $317,730 82.5% 2021 $205,664 $261,250 $299,919 79.8% 2091 $218,054 $276,988 $317,988 82.5% 2022 $205,841 $261,475 $300,177 79.8% 2092 $218,231 $277,213 $318,246 82.6% 2023 $206,018 $261,699 $300,436 79.8% 2093 $218,408 $277,438 $318,504 82.6% 2024 $206,195 $261,924 $300,694 79.9% 2094 $218,585 $277,663 $318,762 82.6% 2025 $206,372 $262,149 $300,952 79.9% 2095 $218,762 $277,888 $319,020 82.7% 2026 $206,549 $262,374 $301,210 80.0% 2096 $218,939 $278,113 $319,278 82.7% 0,333 35.8% 976 $113,515 $144,195 $165,539 38.5% 1256 $128,512 S163,246 $187,409 49.6% IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the proper officials hereunto duly authorized as of the dates below indicated. EXECUTED BY Business this day of ®. A ;2007. Attest: Bess gi&ketee2-6? Witness Title:-8ccrcta /Trcasurcr jF2517' /e-`•' / )t-w" / EXECUTED BY OMAHA this 7lit day of ,bP ek4 , 2007. Attest:' • OMAHA, NEBRASKA • )1/1 ‘iat Q)-1413 ' City Clerk Mayor Approved as to form: l�D� City Attorney date la, O� ,_. - CD2. CDCCDD 1-4, CD C CDA 1 ss: Page 1 of 4, 11/7/2007 1 1:40:58 AM, Bid Tabulation, Generated by: admin for project OPW 51404 - -_ City Clerk Approved. _ ), �„ /o�7 � � fJ''� Mayor 675 VFWNE@s1Itel.riet C/D C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: • WHEREAS,Syngenta Crop Protection,Inc.will benefit from the construction of the 4 "Gibson Road Viaduct;Project S.P.90-03",located between 13th Street and Missouri,Avenue;and, ' WHEREAS,Syngenta Crop Protection,Inc. and the City of Omaha wish to enter into an Agreement,which by this reference is made part hereof,which spells out the terms for Syngenta Crop Protection, Inc. to participate with funding for this project; and, WHEREAS,Syngenta Crop Protection,Inc.will pay the City of Omaha$125,000.00 for benefits derived from the construction of the Gibson Road Viaduct. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Agreement with Syngenta Crop Protection, Inc. for its contribution of $125,000.00 for the "Gibson Road Viaduct; Project S.P. 90-03", located between 13th Street and Missouri Avenue is hereby approved. APPROVED AS TO FORM: ITY ATTORNEY DATE P:\PW\9394sap.doc AD.sq4.1.1.4. By . Councilmember Adopiedi:— 4. 0 City Clerk 1 /03/7A7 Approved/ '� sokp"..___ Mayor SIBILITIES. The Business agrees to pay$125,000 towards the construction of the project. The Business' responsibility in that regard shall not exceed $125,000. This payment is for the special and direct benefits that the business and its property will receive as a result of the project. The City will bill the Business on December 15, 2007 for their payment and Business agrees to pay the sum of$125,000 to the City within 30 days of the receipt of the bill. 3. AMENDMENTS. No changes may be made to this Agreement or any attachments thereto except in writing and agreed to by the parties. The Public Works Director of the City of Omaha shall have the authority to administer this agreement on behalf of the City and to exercise discretion with respect to those matters contained herein so long as the project proceeds in general accord with the design and schedule referenced herein. 4. INTEREST OF THE CITY -Pursuant to section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City contract. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the contract voidable by the Mayor or Council. 5. NON-DISCRIMINATION - The City and the Business shall not, in the performance of this Agreement discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, disability, political or religious opinions, affiliations or national origin. RPOSES'ONLY de secret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 (JUNE 1987), if applicable, unless they are being provided to the Department of Defense. If the Software and Documentation are being provided to the Department of Defense, Licensee's use, duplication, or disclosure of the Software and Documentation is subject to the restricted rights set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT 1988), if applicable. The Software and Documentation may or may not include a Restricted Rights notice, or other notice referring to this Agreement. The provisions of this Agreement will continue to apply, but only to the extent that they are consistent with the rights provided to the Licensee under the provisions of the FAR or DFARS mentioned above, as applicable to the particular procuring agency and procurement transaction. Section 12 GENERAL 12.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption that public disclosure of the Software or any trade secrets associated with the Software has occurred. Motorola.SLA.Exhibit Aformat.FINAL.1.10.05.revision.doc an federal, state, and local taxes based on Seller's income or net worth), all of which will be paid by Customer except as exempt by law. If Seller is required to pay or bear the burden of any such taxes, it 10 han one (1) year after the accrual of such cause of action, except for money due upon an open account. 9 suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Customer to the extent it is 8 s, maintenance and support provisions, additions to 3 reunder,the Mortgagor shall upon demand of the Mortgagee surrender posses- sion of the mortgaged property to the Mortgagee, and the Mortgagee may enter such property, and let the same and collect all the rents therefrom which are due or to become due, and apply the same, after payment of all charges and expenses,on account of the indebtedness hereby secured, and all such rents and all leases existing at the time of such default are hereby assigned to the Mortgagee as further security for the payment of the indebtedness secured hereby;and the Mortgagee may also dispossess,by the usual summary proceedings, any tenant defaulting in the payment of any rent to the Mortgagee. 4. or promulgated by lawful authority,iand upon their completion shall comply tons therefor shall comply with all th municipal ordinances, rags herewith. 9. Upon any failure by the Mortgagor to comply with or perform any of the terms,covenants or conditions of this Mortgage requiring the payment of any amount of money by the Mortgagor,other than the principal amount of the loan evidenced by the Nov.. interest and other charges, as provided in the Note,the Mortgagee may at its option make such payment. Every payment made b the Mortgagee (including reasonable attorney's fees incurred thereby), with interest thereon from the date of such payment, at tt,i, 3. $298,629 79.6% 2086 $217,169 $275,864 $316,697 82.3% 2017 $204,956 $260,350 $298,887 79.6% 2087 $217,346 $276,089 $316,955 82.4% 2018 $205,133 $260,575 $299,145 79.6% 2088 $217,523 $276,314 $317,213 82.4% 2019 $205,310 $260,800 $299,403 79.7% 2089 $217,700 $276,539 $317,471 82.4% 2020 $205,487 $261,025 $299,661 79.7% 2090 $217,877 $276,764 $317,730 82.5% 2021 $205,664 $261,250 $299,919 79.8% 2091 $218,054 $276,988 $317,988 82.5% 2022 $205,841 $261,475 $300,177 79.8% 2092 $218,231 $277,213 $318,246 82.6% 2023 $206,018 $261,699 $300,436 79.8% 2093 $218,408 $277,438 $318,504 82.6% 2024 $206,195 $261,924 $300,694 79.9% 2094 $218,585 $277,663 $318,762 82.6% 2025 $206,372 $262,149 $300,952 79.9% 2095 $218,762 $277,888 $319,020 82.7% 2026 $206,549 $262,374 $301,210 80.0% 2096 $218,939 $278,113 $319,278 82.7% 0,333 35.8% 976 $113,515 $144,195 $165,539 38.5% 1256 $128,512 S163,246 $187,409 49.6% u !.v ; \0 �• Cr 0 CD p O �_ • o �� SW zo co (D B ons O CD O COc, ....,... , Alb Aa g fl„ c ,. . V�� SID 0 i's \ . , \ P- og 07 c () l' o Q p O O (7 z WO = = „ .. " " CD • CD x • • ^tit- j i f 4, 11/7/2007 1 1:40:58 AM, Bid Tabulation, Generated by: admin for project OPW 51404 - -_ City Clerk Approved. _ ), �„ /o�7 � � fJ''� Mayor 675 VFWNE@s1Itel.riet C/D