ORD 36728 - Aisrpace lease agmt with NuStyle Development Corporation OIAA,`�F
`,� � � RE / ED
I It 31 Public Works Department
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��j j% eta^ 01; j'3 S Omaha/Douglas Civic Center
z p�'C� 1819 Farnam Street,Suite 601
o,p,-� ��r �•: ;�. . July 27, 2004 �� � ;;,t�i�
A ti. e 1 i i J.— T Omaha,Nebraska 68183-0601
O�'T�D FEBR0r�� i'1 i� ' w" (402)444-5220
' l ' w Telefax(402)444-5248
City of Omaha Norm Jackman,P.E.
Mike Fahey,Mayor Acting Public Works Director
Honorable President
and Members of the City Council,
The attached Ordinance approves an Airspace Lease Agreement between the City of Omaha and
NuStyle Development Corporation, a Nebraska corporation. The Airspace Lease Agreement
provides for the lease of City right of way, Parcels "A" and "B", under the 10th Street Viaduct to
NuStyle Development for surface parking and access purposes. The term of the Lease is year to
year and may be cancelled by either party on 30 days written notice.
Your approval of this agreement is respectfully requested.
Respectfully submitted, Referred to City Council for Consideration:
`..., 7—q--vim ;
Nor1/74>eJ I'i—' '`i
m Jac •
an, P.E. Date Mayor's Office Date
Acting Public Works Director
P:\Lawl\10936pjm.doc
•
ORDINANCE NO. c.561,2r
AN ORDINANCE to approve the execution of an Airspace Lease Agreement between the City
of Omaha and NuStyle Development Corporation, a Nebraska Corporation, for the lease
of property of the City of Omaha, Parcels "A" and "B", under the 10th Street Viaduct for
surface parking and access purposes for year to year unless otherwise terminated; and to
provide the effective date thereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. Notwithstanding any provisions which might appear in Chapter 27 of the
Omaha Municipal Code to the contrary, authority is hereby granted and approval hereby given
with the execution of an Airspace Lease Agreement between the City of Omaha and NuStyle
Development Corporation for purposes of use for surface parking and access purposes.
Section 2. That the Mayor of the City of Omaha is authorized to execute and the City
Clerk to attest on behalf of the City of Omaha an Airspace Lease Agreement and entered into
between the City of Omaha and NuStyle Development Corporation, approved in Section 1
hereof, attached and hereto by reference made a part hereof as set forth herein.
Section 3. This Ordinance shall be in full force and take effect on the date of its passage
because it is not legislative in character.
INTRODUCED BY COUNCILMEMBER
?P#4414 APPROVED BY:
// y
MAYOR OF THE CIT F OMAHA DATL'
PASSED ` AUG 1 0 2004 1-0
ATTEST:
o
CIT CLERK OF THE CITY OF OM• A A E
�.; - APPROVED AS TO Fro u ►*ice or
t 0,„ `42,2404
DATE
P:\Lawl\10937pjm.doc ASS?. CITY ATTORNEY
AIRSPACE LEASE AGREEMENT
PARCELS " A" & "B"
This agreement made and entered into this 2 I day of 4 Vi t./ , 2004, by and
between the City of Omaha, Nebraska, hereinafter known as "Lessor" anti NuStyle Development
Corporation, a Nebraska Corporation, hereinafter known as "LESSEE."
The leased premises is a part of the City land holdings acquired for the purpose of
constructing, operating and maintaining a public improvement. It is the City's policy to allow
such land to be put to a productive use for as long as possible before the City uses such land.
Any Lessee wishing to take advantage of the City's policy should be on notice that the term of
the lease is dependent upon the City's construction and funding commitments and that this lease
will be terminated when deemed necessary for the City's construction program.
In consideration of the payment of the sum of$648.80 per year, payable in advance of
January 1st of each year, the Lessor hereby leases to the Lessee, for surface parking and access
purposes the following described land, hereinafter referred to as the leased premises, and which
is more particularly described in Exhibit "A" which is made a part of this agreement.
TERM OF LEASE: This lease shall continue from year to year and shall be terminated
only upon 30 days written notice by either party. Should this lease be terminated at any time
during the leased year, remittance of rental shall be made based on the remaining term of the
leased year.
The Lessor reserves the right to annually review and to increase or decrease such
consideration.
The Lessee will not construct buildings upon the leased premises, make alterations to
appurtenances furnished except with written permission of the Lessor. Lessee will not sub-lease,
sell, or assign its interest or any part of its interest in the leased premises, nor make any
significant revision in the design shown in Exhibit "A" or use the leased premises for any
purpose other than for surface parking purposes.
The Lessee shall maintain the leased premises and all improvements located thereon of
every type, including all fencing, in a safe and neat appearing condition. The leased premises
shall be kept free of all noxious weeds and of debris. If Lessee fails to control noxious weeds on
the leased premises, Lessee agrees to reimburse the Lessor for any and all costs incurred by the
Lessor to control such noxious weeds, regardless of whether such costs were incurred during the
term of this lease.
The Lessor, their agents or authorized Federal Highway Administration representatives,
may enter upon said premises at any time.
The Lessee, as a part of the consideration hereof, does hereby covenant and agree (1) that
the leased premises or any part thereof shall not be used for the erection or display of any
advertising sign, device or display, whatsoever; (2) that the leased premises shall not be used for
the storage, processing, sorting, transfer or any other use related to or connected with scrap
material of any nature or kind; or be used for the storage of flammable, explosive, or hazardous
material, so as to create or cause an unsightly or obnoxious appearance or create a hazard upon
the premises herein leased.
The Lessee, as a part of the consideration hereof, does hereby covenant and agree that (1)
no person on the grounds of race, color, or national origin shall be excluded from participation
in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities;
(2) that in the construction of any improvements on, over, or under such land and the furnishing
of services thereon, no person on the grounds of race, color, or national origin shall be excluded
from participation in, denied the benefits of, or otherwise be subjected to discrimination; (3) that
the Lessee shall use the premises in compliance with all other requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the
Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as
said Regulations may be amended. That in the event of breach of any of the above
nondiscrimination covenants, the Lessor shall have the right to terminate the lease, and to re-
enter and repossess said land and the facilities thereon, and hold the same as if said lease had
never been made or issued.
The City of Omaha Public Works Department, their designee, agents or contractors
reserves the right to push or blow snow from the elevated structures of the street/bridge above
said leased premises covered by this agreement. It is agreed and understood that the Lessee shall
hold the Lessors harmless from all claims or suits for damages to persons or property on the
leased premises as a result of snow being pushed or blown from the elevated structures of the
street/bridge. The removal of snow and clearance of the leased premises shall be the
responsibility of the Lessee. It is agreed and understood that the Lessee shall hold the Lessors
harmless for all claims or suits for damages to persons or property on the leased premises as a
result of such snow removal.
It is agreed and understood that the City of Omaha will from time to time be painting the
elevated structures of the street/bridge above the leased premises. It is further agreed and
understood that the Lessee shall hold the Lessors harmless from all claims or suits for damages
to persons or property as a result of said painting. It shall be the Lessee's responsibility to
provide sufficient and proper notification to anyone entering the leased premises while said
painting is being accomplished. Notice of such painting to the Lessee will be at least one
working day before beginning such work.
The Lessee shall hold the Lessors harmless from all claims or suits for damages to
persons or property due to debris that may fall or land on the leased premises during the usage
and maintenance of the viaduct.
-2-
I' I
Lessee shall be responsible for and shall hold the Lessor harmless from any and all
liability resulting from the placement, movements, or repair of any utility facilities on the leased
premises that are placed upon the leased premises by the Lessee.
The Lessee shall carry adequate insurance for the payment of any damage, injury or loss
of life which may occur on the leased premises during the duration of this lease, and Lessee shall
hold the Lessor harmless from all claims or suits for damages to persons or property arising out
of the use or occupancy of the leased premises pursuant to this lease.
Upon cancellation of the lease by either party,the Lessee may be required at the option of
the Lessor, to remove all improvements placed by the Lessee on the leased premises and
surrender peaceable possession to the Lessor at no cost to the Lessor.
Should the Lessee violate any of the conditions of this lease or should the leased premises
cease to be used for surface parking purposes, this lease shall thereby terminate at the option of
the Lessor.
Upon failure of the Lessee to pay the rent within 30 days after the due date, liquidated
damages in the amount of$25.00 may be added to the amount due. If the total amount is not
received within 60 days of the original due date, the lease may be terminated and the Lessor shall
have the right to possession of the leased premises without further notice to the Lessee.
The covenants herein shall extend to and be binding upon the heirs, executors and
administrators of the Lessee.
Signed this day of TLJ( L 2004.
ATTEST: NuStyle Development Corporation, Lessee
By
Signed this LI/1day of______ ,oT , 2004.
CITY OF OMAHA, a Municipal Corporation,
ATTEST.: Lessor,
By v10/
City Clerk, City of Oniaha Mayor, City of Omah
-3-
•f
APPROVED AS TO FORM:
,ci City Attorney
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- - THE DAILY RECORD
The following Ordinance has b set for
: Council.m., hearing on August 3C,ambe . OF OMAHA
2:00 p.m., in the Legislative Chambers,
Omaha/Douglas Civic Center, 1819 Farnam
Street, at which hearing all persons inter-
ested,may be heard. RONALD A. HENNINGSEN, Publisher
AN ORDINANCE to approve the execu-
tion of an Airspace Lease Agreement be-
tween the City of Omaha and NuStyle De-
velopment Corporation, a Nebraska fCorpity of UNITED STATES OF AMERICA,
ration,for the lease of property of the City of
Omaha, Parcels 'A'and B.under the 10th The State of Nebraska,
Street Viaduct for surface parking and access SS.
purposes for year to year unless otherwise District of Nebraska,
terminated;and to provide the effective date County of Douglas,
thereof.
BUSTER BROWN, City of Omaha,
City Clerk
7-30 oa LYNDA A.HENNINGSEN
being duly sworn,deposes and says that she is
ASSOCIATE PUBLISHER
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 1
July 30, 2004
That said Newspaper during that time was regularly published and
in gen aleIi la 'on in the County Douglas,�and State of Nebraska.
Ply ... tvl psy�
•
'GF �'A�''•., S ibsci-i din my presence and sw to before
ubliher's,,le;Ry $ me this 30th day of
• C^'":+VV';1JN I* July 04
j• itionaiMpiess$ 20
'. , Total •4
tJ'J''.f;7Y 6.20rJ.r�Q Notary Publi f g linty,
.*'9Ti.-0 r}'rPsRpS t of Nebraska
"NOTICE TO PUBLIC' THE DAILY RECORD
ORDINANCE NO.approve
6e28 OF OMAHA
ORDINANCE to approve the execu-
tion of an Airspace Lease Agreement be-
tween the City of Omaha and NuStyle De- RONALD A. HENNINGSEN Publisher
velopment Corporation, a Nebraska Corpo-
ration,for the lease of property of the City of PROOF OF PUBLICATION
Omaha, Parcels 'A'and'B', under the 10th
Street Viaduct for surface parking and access
purposes for year to year unless otherwise •
terminated;and to provide the effective date UNITED STATES OF AMERICA,
SUthereof.MMARY: The State of Nebraska,
ss.
AN ORDINANCE to approve the execu- District of Nebraska,
tion of an Airspace Lease Agreement be-
tween the City of Omaha and NuStyle De- County of Douglas,
velopment Corporation, a Nebraska Corp o- City of Omaha,
ration,for the lease of property of the City of
Omaha, Parcels 'A'and'B',under the 10th
Street Viaduct for surface parking and access LYNDA K. HENNINGSEN
purposes for year to year unless otherwise •
terminated;and to provide the effective date being duly sworn,deposes and says that she is
thereof.
PASSED:August 10,2004, 7-0
APPROVED BY: ASSOCIATE PUBLISHER
MIKE FAHEY 8/12/04
MAYOR OF THE of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
CITY OF OMAHA published daily in the English language, having a bona fide paid
BUSTER BROWN,
City Clerk circulation in Douglas County in excess of 300 copies, printed in
8-19-04 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 19, 2004
aiikNn:voot r during that time was regularly published and
in ene heireula oti the Coun of Doug State of Nebraska.
ie i' - � •
'f • y scribed in my resence and sw to before
* C� ^. ^y Y . 0 19th
yubiliher's Fee:,�:,:$ • .e me this day(}t
AtditithiACopies c$? ▪ I 20
•
Ut ��t-V. �� Notary Public' o i ty,
S of Ne ras a