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ORD 37104 - 5217 S 28th St LLC J Development Company LLC TIF redevelopment agmt . 14) 0t11AHA,n,�, Planning Department c?���`�f�' RECEIVED Omaha/Douglas Civic Center Gr: C �II,K r l n 1819 Farnam Street,Suite 1100 zr+®.i•P� �! � 5 JUL 22 PM 2: 35 Omaha,Nebraska 68183 °�.'� ''. `� " 402 444-5150 .e�ry ( ) y = s Telefax(402)444-6140 °�-4/)FEB" CITY Y CLERK City of Omaha OMAF A, UUEDRAStccA Mike Fahey,Mayor August 2, 2005 Honorable President and Members of the City Council, The attached proposed Ordinance approves the Agreement with 5217 South 28t1i Street, LLC, J. Development Company, Managing Member, which implements the 5217 South 28t1i Street, LLC Redevelopment Plan for construction of a residential substance abuse treatment facility. This Redevelopment Plan, approved by the City Council on June 28, 2005, provides for the construction of a new facility to serve participants in the Stephen Center HERO program. The Agreement provides the use of$150,000.00 in Tax Increment Financing for the project. The tax increment loan will be repaid in 15 years with the increase in taxes generated by the property improvements. The Contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the Human Relations Director will review the Contractor to ensure compliance with the Contract Compliance Ordinance. Your favorable consideration of the Ordinance will be appreciated. Sincerely, Referred to City Council for onsideration: i / IL•. 7 i 8.o5 ilia LI i hil 4 /to ►,. Steven N. Jensen, 4,- Date i'r' o 's'Offia-' , II e K. Planning Director Approved as to Funding: Approved: t C a - -- 1)01_ - _OS Carol A. Ebdon Date Gail Kinsey Tho so , Directo ALL Date Finance Director Human Rights and Relations Department P:\PLN3\12563pjm.doc • ORDINANCE NO. 3 WO AN ORDINANCE approving a redevelopment and tax increment financing loan agreement with the 5217 South 28th Street LLC,J. Development Company,LLC,Managing Member,500 South 18th Street, Omaha,Nebraska, and providing for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA; Section 1. The Mayor is hereby authorized to execute, and the City Clerk to attest, the attached Redevelopment Agreement with 5217 South 28th Street LLC for construction of a residential substance abuse treatment facility located at 5217 South 28th Street; including any other documents in connection with the Redevelopment Agreement necessary or appropriate to consummate the loan. Section 2. Said Redevelopment Agreement contains obligations undertaken pursuant to the Nebraska Community Development Law and Sections 18-2147 through 18-2150; and, are not otherwise obligations of the City of Omaha. Section 3. This Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage. INTRODUCED BY COUNCILMEMBER /0j1 qz,i APPROVED BY: PASSED AUG 1 6 2005 0 MAYOR OF THE Y OF OMAHA DATE ATTEST: Ciaz)24-P14 D£P U T Y CITY CLERK OF THE C I Y OF OMAHA DAT APPROV AS TO F CITY A 0 DATE P:\PLN3\12550pjm.doc REDEVELOPMENT AGREEMENT THIS AGREEMENT is entered into by and between the City of Omaha, a Nebraska Municipal Corporation in Douglas County,Nebraska, and 5217 South 28th Street LLC. RECITALS: WHEREAS, on June 28, 2005, the City Council of the City of Omaha approved the 5217 South 28th Street LLC which provided for construction of a residential substance abuse treatment facility located at 5217 South 28th Street for the Stephen Center,and the use of the excess ad valorem taxes generated by such development; and, WHEREAS, this Agreement is a redevelopment agreement prepared pursuant to the Nebraska Community Development Law in order to implement the above-referenced Redevelopment Plan. IN CONSIDERATION OF THESE MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: SECTION 1. DEFINITIONS The following terms, whether plural or singular, shall have the following meanings for purposes of this Agreement. 1.1 "City" shall mean the City of Omaha, Nebraska, a Municipal Corporation of the metropolitan class or such successor entity lawfully established pursuant to the applicable provision of the Nebraska Community Development Act. 1.2 "Developer" shall mean 5217 South 28th Street LLC. 1.3 "Director" shall mean the Director of the City of Omaha Planning Department. 1.4 "Redevelopment Project" shall mean residential treatment facility, including classroom,offices,dining room,bedrooms and common living areas,manager's unit and meeting rooms, as shown on the Site Plan Exhibit "A". 1.5 "Redevelopment Site" shall mean the area legally described on Exhibit'B",attached hereto. 1.6 "Redevelopment Note(TIF Funds/TIF Proceeds)" shall mean any obligation issued by the City and secured by the excess ad valorem taxes generated within the Redevelopment Site. 1.7 "Excess ad valorem taxes" shall mean the additional real estate property taxes generated by this Redevelopment Project pursuant to Section 18-2147 of the Nebraska Revised Statutes. SECTION 2. OBLIGATIONS OF THE CITY The City shall: 2.1 Execute and deliver to the Developer at closing the Redevelopment Note in substantially the same form as the copy attached hereto as Exhibit C. 2.2 Grant Redevelopment Loan proceeds to the Developer for public improvements, acquisition, demolition and site preparation costs up to the sum of$150,000.00. 2.3 Pay debt retirement principal and interest from the Excess Ad Valorem Taxes (TIF tax proceeds). Interest on monies in the special fund shall accrue first to debt retirement interest and then to principal. 2.4 Ensure that prior to expenditure or disbursement of Redevelopment Loan proceeds, the following shall be obtained, to wit: 2.4.1 Developer shall provide the Director with evidence, acceptable to the Director, that the private funds have been irrevocably committed to the Redevelopment Project in the amount sufficient to complete the redevelopment project. 2.4.2 Developer shall provide evidence of,and maintain,adequate performance and labor materials bonds during the period of construction of the project. The City shall be specified as a co-obligee. 2.5 Establish a special fund under Section 18-2147 of the Nebraska Revised Statutes for the purpose of collecting the excess ad valorem taxes generated by the Redevelopment Project. Monies collected and held in the special fund shall be used for no purpose other than to repay the Redevelopment Loan. SECTION 3. OBLIGATIONS OF THE DEVELOPER The Developer shall: 1 3.1 Complete the Redevelopment Project on or before December, 2006, creating an increase in real property taxable base by reason of such construction of at least $1,171,192.00. 3.2 Cause all real estate taxes and assessments levied on the Redevelopment Project to be paid prior to the time such become delinquent. 3.3 Loan redevelopment funds to the City in the principal amount of$150,000.00 as set forth in Section 2.1,which,when combined with other private funds available,will be sufficient to construct the redevelopment project. Execution and delivery of the Redevelopment Promissory Note shall be at closing which shall be as soon as reasonably possible after execution of this Agreement but not more than 60 days thereafter. At closing,the loan to be accomplished by this Section and the obligation of the City to use the redevelopment loan proceeds for redevelopment purposes under Section 2.2 may be accomplished by offset so that the Developer retains the loan proceeds. If the City so requests,the developer shall, from time to time, furnish the City with satisfactory evidence as to the use and application of the redevelopment loan proceeds. 3.3.1 Such loan funds shall be disbursed as provided in Section 2. 3.3.2 Such loan shall bear a 7% interest rate. 3.3.3 The principal shall be repaid by the City from the special fund established pursuant to Section 2.5, as excess ad valorem taxes, pursuant to the Redevelopment Plan and Section 18-2147 of the Nebraska Revised Statutes, become available to the City for such use. To the extent of such excess ad valorem taxes are unavailable to the City, the loan shall be forgiven and the obligations of the Developer shall remain unaffected. 3.4 Shall provide the City with quarterly progress reports during the redevelopment and allow the City reasonable access to any relevant financial records pertaining to the Redevelopment Project. 3.5 During the period that the Redevelopment Note(TIF Funds) is outstanding, (1)not protest a real estate improvement valuation on the Redevelopment Site of$16,600.00 or less prior to and during construction; and $1,187,792.00 or less after substantial completion or occupancy of the residential treatment facility; (2) not convey the Redevelopment Site or structures thereon to any entity which would be exempt from the payment of real estate taxes or cause the nonpayment of such real estate taxes;(3) not apply to the Douglas County Assessor for the structures,or any portion thereof,to be taxed separately from the underlying land of the Redevelopment Site;(4)maintain - 3 - insurance for ninety percent (90%) of the full value of the structures on the Redevelopment Site; (5) in the event of casualty, apply such insurance proceeds to their reconstruction; and(6)cause all real estate taxes and assessments levied on the Redevelopment Site to be paid prior to the time such become delinquent. In lieu of the above, the Developer may surrender any remaining amount outstanding of the Redevelopment Promissory Note to City. Each of the foregoing covenants shall be referenced in a Notice of Redevelopment Agreement to be recorded with the Douglas County, Nebraska Register of Deeds. The Developer agrees to include the same restrictions to be included in any subsequent sale,assignment,sale leaseback or other transfer of the property,but shall not be responsible otherwise for the actions of the third parties if these covenants are breached by such third parties if the Developer no longer owns the property. 3.6 Shall provide the City of Omaha Finance Department with an executed copy of the Redevelopment Promissory Note prior to disbursement of any proceeds for repayment of such Note pursuant to Section 2.5, so that such payment can be noted on the Note and the Note returned to Developer. SECTION 4. PROVISIONS OF THE CONTRACT 4.1 Equal Employment Opportunity Clause. Annexed hereto as Exhibit"D"and made a part hereof by reference are the equal employment provisions of this contract, wherein the "Developer" is referred to as "Contractor". 4.2 Non-discrimination. The Developer shall not, in the performance of this Contract, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race,color,sex,age,political or religious opinions,affiliations or national origin. 4.3 Captions. Captions used in this Contract are for convenience and are not used in the construction of this Contract. 4.4 Applicable Law. Parties to this Contract shall conform with all existing and applicable city ordinances,resolutions, state laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Contract. 4.5 Interest to the City. Pursuant to Section 8.05 of the Home Rule Charter,no elected official or any officer or employee of the City of Omaha shall have a financial interest, direct or indirect, in any City of Omaha contract. Any violation of this section with the knowledge of the person or corporation contracting with the City of Omaha shall render the contract voidable by the Mayor or Council. - 4 - • 4.6 Merger. This Contract shall not be merged into any other oral or written contract, lease or deed of any type. 4.7 Modification. This Contract 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 herein unless done in writing and signed by an authorized officer of the respective parties. 4.8 Assignment. The Developer may not assigns its rights under this contract without the express prior written consent of the City; such consent not to be unreasonably withheld. The Mayor may,without City Council approval, approve, in writing,the assignment of all rights hereunder to a successor entity owned by,or under common control with Developer. 4.9 Strict Compliance. All provisions of this Contract 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 authorized representatives of the parties. 4.10 This Agreement shall be binding upon the Developer's successors and assigns, and shall run with the land described in Exhibit"B",attached hereto,to the benefit of the City of Omaha. SECTION 5. AUTHORIZED REPRESENTATIVE In further consideration of the mutual covenants herein contained,the parties hereto expressly agree that for the purposes of notice, including legal service of process, during the term of this Contract and for the period of any applicable statute of limitations thereafter,the following named individuals shall be the authorized representatives of the parties: (1) City of Omaha: Steven N. Jensen, AICP, Director Legal Service City Planning Department c/o City Clerk Omaha/Douglas Civic Center Omaha/Douglas Civic Center 1819 Farnam Street 1819 Farnam Street Omaha,NE 68183 Omaha,NE 68183 - 5 - (2) Developer: Jim Royer, Manager J. Development Company, LLC Managing Member 5217 South 28th Street LLC 500 South 18th Street Omaha, NE Either party may designate additional representatives or substitute representatives by giving written notice thereof to the designated representative of the other party. Executed this / day of � .` G 1 , 20 QT.' ATTEST: CITY OF OMAHA: D E P.U T Y CITY;:CLEaRK-OF TH CITY OF OMAHA MAYOR OF THE C OF OMAHA Executed this day of , 20 DEVELOPER: 5217 SOUTH 28TH STREET LLC By Ji toyer, M ager J. evelopment Company, LLC Managing Member APPROVED S TO F / Ap, o, CITY ATTORNEY /11110 - 6 - • STATE OF NEBRASKA ) )ss. COUNTY OF DOUGLAS ) The foregoing Redevelopment Agreement was acknowledged before me this 22 day of J � ,20©Sby Jim Royer,Manager ofJ.Development Company,LLC, Managing Member of 5217 South 28th Street LLC on behalf of said 5217 South 28th Street LLC. GENERAL NOTARY-State of Nebraska Notary Public, State of Nebraska MARIAN R.TODD My Comm.Exp.Feb.13,2006 My commission expires on a- /3-2-006. P:\PLN3\12551 pj m.doc - 7 - 1 / EXHIBIT "A" sa� Page 1 of 2 m ' v . 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K • Ct1 / --- / t� EXHIBIT "C" THIS BOND HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933(THE" '33 ACT") AND MAY NOT BE TRANSFERRED, ASSIGNED, SOLD OR HYPOTHECATED UNLESS A REGISTRATION STATEMENT UNDER THE '33 ACT SHALL BE IN EFFECT WITH RESPECT THERETO AND THERE SHALL HAVE BEEN COMPLIANCE WITH THE'33 ACT AND ALL APPLICABLE RULES AND REGULATIONS THEREUNDER, OR THERE SHALL HAVE BEEN DELIVERED TO THE CITY OF OMAHA PRIOR TO TRANSFER, ASSIGNMENT,SALE OR HYPOTHECATION AN OPINION OF COUNSEL,SATISFACTORY TO THE CITY OF OMAHA TO THE EFFECT THAT REGISTRATION UNDER THE'33 ACT IS NOT REQUIRED. REDEVELOPMENT PROMISSORY NOTE $150,000.00 p-tt,,,,,0 () ,20 05 FOR VALUE RECEIVED, the Undersigned, Borrower, promises to pay 5217 South 28th Street LLC,500 South 18th Street,Omaha,Nebraska,Holder,and/or its assigns,the principal sum of One Hundred Fifty Thousand and No/100 Dollars($150,000.00),together with interest thereon at the rate of seven per cent(7%)per annum from the date of the execution of this Note until paid in full. The principal balance and interest thereon shall be due and payable to the holder of said Redevelopment Promissory Note as and at such time as any excess ad valorem taxes generated b y the Redevelopmen Project as set forth in that certain Redevelopment Agreement dated the—__ �'=' day of tgQa5i- ,200 y by and between the City of Omaha,Borrower,and the Holder, (tha^'Redevelopment Agreement")are collected by the City of Omaha and available for the retirement of this debt. In the event of default under said Redevelopment Promissory Note, all sums secured by this Note or any other agreement securing this Note shall bear interest at a rate equal to five percent(5%) above the regional prime or base rate as used by the Horizon Bank, 10841 North 142"d Street,P.O. Box 447, Waverly, Nebraska 68462, from time to time, however, in the event said interest rate exceeds the maximum rate allowable by law then such rate of interest shall equal the highest legal rate available. Borrower may prepay the principal amount outstanding in whole or in part,without the prior consent of the Holder. In the event the monies collected and held in that special fund established under Section 18-2147 of the Nebraska Revised Statutes and pursuant to the Redevelopment Agreement are insufficient to pay in full all amounts due and owing at a date fifteen (15) years from the effective date of the Redevelopment Plan, and all excess ad valorem taxes generated by the Redevelopment Project,as set forth in the Redevelopment Agreement,have been collected by the City of Omaha and have been paid, immediately upon being available, towards the retirement of the amounts due hereunder,then,at said date fifteen(15)years from the effective date of the Redevelopment Plan,the Holder shall waiver any unpaid portion of the principal and interest due upon written request of the City of Omaha. In the event this Note is referred to an attorney for collection the Holder shall be entitled to reasonable attorney fees allowable by law and all Court costs and other expenses incurred in connection with such collection. The Borrower shall be in default in the event the Borrower shall fail to pay, when due, any amount required hereunder. Unless prohibited by law,the Holder may, at its option, declare the entire unpaid balance of principal and interest immediately due and payable without notice or demand at any time after default, as such term is defined in this paragraph. Holder may at any time before or after default, exercise his right to set off all or any portion of the indebtedness evidenced hereby against any liability or indebtedness of the Holder to the Borrower without prior notice to the Borrower. Demand, presentment, protest and notice of nonpayment under this Redevelopment Promissory Note are hereby waived. No delay or omission on the part of the Holder in exercising any remedy, right or option under this Redevelopment Promissory Note shall operate as a waiver of such remedy,right or option. In any event, a waiver on any one occasion shall not be construed as a waiver or bar to any such remedy,right or option on a future occasion. Any notice provided for in this Redevelopment Promissory Note to the Borrower or the Holder shall be in writing and shall be given by regular mail to the Holder or Borrower,or at such other address as either party may designate by notice in writing. This Redevelopment Promissory Note shall be governed by and construed in accordance with the Laws of the State of Nebraska. All payments hereunder shall be payable in lawful money of the United States of America and shall be legal tender for public and private debts at the time of payment. CITY OF OMAHA,A Municipal Corporation By: )11.4.A.r..., Mayor of the City of naha ATTEST: .._---AP OVED AS T9 FORM: 44, City Clerk of the Citybf Omaha City Attorney P:\PLN3\12552pjm.doc - 2 - EXHIBIT "D" EQUAL EMPLOYMENT OPPORTUNITY CLAUSE During the performance of this contract,the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee applicant for employment because of race,religion,color,sex,national origin,or disability as defined by the Americans with Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race,religion,color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans with Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall 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 Contractor 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. (2) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (3) The Contractor 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 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor 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 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the Contract Compliance Officer shall be those which are related to Paragraphs(1)through (7)of this subsection and only after reasonable notice is given the Contractor. The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. - 1 - V • (5) The Contractor shall take such actions with respect to any subcontractor as the City may direct as a means of enforcing the provisions of Paragraphs(1)through(7)herein,including penalties and sanctions for noncompliance; however, in the event the Contractor 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 necessary to protect the interests of the City and to effectuate the provisions of this division; and in the case of contracts receiving Federal assistance, the Contractor or the City may request the United States to enter into such litigation to protect the interests of the United States. (6) The Contractor shall file and shall cause his subcontractors,if any,to file compliance reports with the Contractor 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. (7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section, "Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. P:\PLN3\7810z.doc - 2 - "4. INTER-OFFICE COMMUNICATION pt ;" lr' Or DL.0 1, f i 6: 1 f December 14, 2005 ,,. TO: Buster Brown, City Clerk of the City of Omaha FROM: Marian Todd, City Planning �d SUBJECT: Acknowledgement of Assignment of the Redevelopment Promissory Note with 5217 South 28th Street, L.L.C. Please submit to the Mayor for signature and attest. Thank you. This document will allow the assignment to American National Bank of the Redevelopment Note with the City of Omaha dated September 30, 2005 in the amount of$150,000.00. -r ab 6 • • Fes +" u;• ASSIGNMENT OF REDEVELOPMENT PROMISSORY NOTE ' L The undersigned 5217 South 28th Street Limited Liability Company ("Assignor"), for value received, does hereby sell, assign, transfer and set over unto American National Bank ("Assignee"), as collateral for a certain obligation owed by Assignor to Assignee hereafter described, all monies due or to become due under a certain Redevelopment Promissory Note dated S e- — 30 , 2005, in the principal amount of One Hundred Fifty Thousand and no/100 Dollars ($150,000.00) between Assignor, as Holder thereof, and The City of Omaha, as Maker or Borrower (the "City Note"), said City Note relating to a Redevelopment Agreement dated /147 , 2005, between Assignor and the City of Omaha. This assignment is given to secure the obligations of Assignor to Assignee under a certain other promissory note issued by Assignor in favor of Assignee, dated October 5, 2005, also in the principal amount of One Hundred Fifty Thousand and no/100 Dollars ($150,000.00) and having a stated maturity date of October 1, 2020 (the "ANB Note"), and in the event that the ANB Note is fully and completely paid and satisfied prior to the time that the City Note is fully and completely paid and satisfied, Assignee, by acceptance of this Assignment, agrees that it shall reassign and return the City Note to Assignor. Assignor warrants and represents that there are no defenses, offsets, or counter claims to the City Note, and that such Note has not been transferred, assigned or otherwise disposed of, and is now owned by the Assignor free and clear of all liens and encumbrances of any nature whatsoever. Assignor hereby nominates, constitutes and appoints the Assignee as the true and lawful attorney-in-fact of the Assignor in its name, place and stead to receive, receipt and sue for all monies due upon the City Note, to endorse the name of Assignor on all commercial paper given in payment or in part payment thereof; and to settle, adjust or compromise any claim thereunder as fully as the Assignor could do itself, and that it will deliver to the Assignee all sums which may be collected by it thereon until such time as the ANB Note has been fully and completely paid and satisfied. Dated as of the /7 day of Q d'I'o f ear— , 2005. 5217 South 28th Street Limited Liability Company Stephen Center,Inc.,Managing Member of 5217 South 28'h Street Limited Liability Company Ld by: �Del Born•erger, Exec ive41 , Director of Stephen Center,Inc. Acknowledgement of Assignment by the City of Omaha We acknowledge notice from American National Bank and 5217 South 28th Street Limited Liability Company of the above and foregoing Assignment of Redevelopment Promissory Note ("City Note") and agree and advise that no other party has notified us of an Assignment or pledging of said City Note. Dated as of the g„2,,,I( day of P_.Ce frn le-r , 2005. City of Omaha, a Municipal Corporation By: K4A-k Title: it4 pg., 7 1 ity Clerk of the City of Omaha APPROVED AS TO FORM: r• (-12--(1:2C Assistant City Attorney a. a � C fa, c coco CD W C - n n C O H O ~ z z n I o 1 O,, ` ,. O a I M > z M Z 1 a 0 z (.A n rn 21 2 1-'' iv CD U) Da n V) C7 (n72) (D a = fD ., ;1.,.) C CT 0 C C a Z X 0 � 1 � RI 5C"'D rt5� � n < 0 m to c N lD O 0 Nrr ,, �' cp I'll Q co (D oss< ort`n -0 X Z °Q Z a art O ,t F 0 . a � (rtD (� V) r cn a, CD �"� rn r Z z • D I Q CD r* O CD lO r-r Z m • C ) "'I n' (�D 0 rCD Qm O N O 7:1" Q � � C7Nr'1 o n " CD = = = r-rWc ' 0 ar-,- x Q) 0 1 ` C a (DCD 5 --a CD n � c 0 CI In a b P' O al CD n <_. n 70o _ r o u, Q, °' u, ad LO * CD � n p O = D z = V CD -I O rt V r-r fl1 Nwk. 1 . . 04, • ` *NOTICETO PUBa THE DAILY RECORD The following Ordinance hass been set for City Council hearing on August 9,2005, at 2:00 p.m., in the Legislative Chambers, itie�iie�OM/�II/� Omaha/Douglas Civic Center, 1819 Farnam OF Street, at which hearing all persons interested,may be heard. RONALD A. HENNINGSEN, Publisher AN ORDINANCE approving a PROOF OF PUBLICATION redevelopment and tax increment financing loan agreement with the 5217 South 28th Street LLC, J.Development Company, LLC, Managing Member, 500 South 18th Street, UNITED STATES OF AMERICA, Omaha, Nebraska, for construction of a The State of Nebraska residential substance abuse treatment facilitySS. located at 5217 South 28th Street, and District of Nebraska, providing for an effective date. BUSTER BROWN, County of Douglas, City Clerk City of Omaha, 8-5-05 J. BOYD being duly sworn,deposes and says that she is LEGAL EDITOR of THE DAILY RECORD, of Omaha, a legal newspaper, printed and published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on August 5, 2005 Tha.t,�d-isTew aver during that time was regularly published and in akil/El r tio'''in the County of Douglas, to of Nebraska. Subscribed in my ante and sworn to before atilishec 4."ee SIC J me this 5 th 4ay of •• EY,-1 S ditYonal Copies §. 0—�5 �` ti p�,y L��3` ►" Notary Public i l gl County, :_. - St a ebraska • 'NOTICE TO PUBLIC' THE DAILY RECORD ORDINANCE NO.37104 �/� AN ORDINANCE approving a OF OMAHA redevelopment and tax increment financing loan agreement with the 5217 South 28th Street LLC, J.Development Company, LLC, RONALD A. HENNINGSEN, Publisher Managing Member, 500 South 18th Street, Omaha, Nebraska, for construction of a PROOF OF PUBLICATION residential substance abuse treatment facility located at 5217 South 28th Street, and providing for an effective date. UNITED STATES OF AMERICA, SUMMARY: AN ORDINANCE approving a The State of Nebraska, redevelopment and tax increment financing SS. loan agreement with the 5217 South 28th District of Nebraska, Street LLC,J. Development Company, LLC, County of Douglas, Managing Member, 500 South 18th Street, Omaha, Nebraska, for construction of a City of Omaha, residential substance abuse treatment facility located at 5217 South 28th Street, and J. BOYD providing for an effective date. PASSED: August 16, 2005,7-0 APPROVED BY: being duly sworn,deposes and says that she is MIKE FAHEY 8/19/05 MAYOR OF THE LEGAL EDITOR CITY OF OMAHA BUSTER BROWN, of THE DAILY RECORD, of Omaha, a legal newspaper, printed and City Clerk 8-24-05 published daily in the English language, having a bona fide paid - -.- circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on August 24, 2005 1�@s ' during that time was gularly published and • 040foriiiit he County of Dougl d State of Nebraska. NOT.',FY *i COMMISSION S' Subscribed• y presence and sworn to before 4PI ES bh her'see $ 20.3 me this 2 th day of • .l 0 r August 05 A itlymi rupytA y 20 gTFlaFa NE0 L _ Notary Pub ' i d for o glas County, S to of Nebraska