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
•
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City Clerk Mayor
Approved as to form:
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City Attorney date
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Page 1 of 4, 11/7/2007 1 1:40:58 AM, Bid Tabulation, Generated by: admin for project OPW 51404
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-_ City Clerk
Approved. _ ), �„ /o�7
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Mayor
675 VFWNE@s1Itel.riet
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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
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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%
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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