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ORD 36313 - Necessity of appropriating properties for ConAgra Foods/Omaha Police Mounted Horse Patrol project 1 y T ¢ otAAHA,A �OQ FBA' ' L l�° _. 1 �i i_ l • `, Planning Department s �_r.!�R,�' in y t Omaha/Douglas Civic Center erij 1�( '+ 1a„ 03 i1fl i 30 r!.. 12: 33 1819 Farnam Street,Suite 1100 ,®i•r1 .407,ro� Omaha,Nebraska 68183-0002 o �' (402)444 5200 O4'��D FEBR�t.Q. CITY 1 Y C 1 E7 K (402)444-5150 4' t y i1 i C: r ,ti r Telefax(402)444-6140 City of Omaha Robert C.Peters Mike Fahey,Mayor June 10, 2003 Director Honorable President and Members of the City Council, The attached proposed Ordinance of Necessity authorizes the acquisition of property for implementing the Amendment to the Riverfront Redevelopment Plan for the ConAgra Foods/ Omaha Police Mounted Horse Patrol Project. The Redevelopment Plan authorizes the City of Omaha to acquire property for an Omaha Police Department Mounted Horse Patrol facility. The property to be acquired, as shown on the attached map, is within the area bounded by Leavenworth Street on the north, 6th Street on the east, the alley right-of-way south of Leavenworth Street on the south and 7th Street on the west. The City of Omaha will have the property appraised and will offer just compensation to the property owner. If the City is unable to negotiate the purchase price, the property will be acquired through eminent domain proceedings. Occupants, if any, will receive relocation assistance for moving expenses and reestablishment expenses in accordance with the Nebraska Relocation Assistance Act. The project account is the FY 2003 Advance Acquisition Fund, Organization 131551, Fund 13111. Your favorable consideration of this Ordinance is requested. Sincerely, Referred to City Council for Consideration: 7-11"-'. 477/4&•-..� s l 03 , 14 l' -6y Robert C. Peters Date Mayor's Office Date Planning Director Approved as to Funding: 43/03 U 4 Stanley P. Ti ' '5 Date Finance Director S-L3° P:\Pln5\8776pjm.doc i ORDINANCE NO. ,,5/3 AN ORDINANCE declaring the necessity of appropriating, for the use of the City of Omaha, certain hereinafter described vacant and improved properties located in the Amendment to the Riverfront Redevelopment Plan for the ConAgra Foods/Omaha Police Mounted Horse Patrol Project, within an area generally defined by Leavenworth Street on the north, 6th Street on the east, the alley right-of-way south of Leavenworth Street on the south and 7th Street on the west, for acquisition, relocation as appropriate, and subsequent use as a site for implementing the Amendment to the Riverfront Redevelopment Plan for the ConAgra Foods/Omaha Police Mounted Horse Patrol Project; provided that as to each specified parcel which cannot be obtained by negotiation, proceedings in eminent domain be undertaken and completed; and, providing for the effective date hereof. The project account is the FY 2003 Advance Acquisition Fund, Organization 131551, Fund 13111. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That it is proper and necessary, pursuant to the Nebraska Community Development Law, to appropriate vacant and improved properties located within an area generally bounded by Leavenworth Street on the north, 6th Street on the east, the alley right-of- way south of Leavenworth Street on the south and 7th Street on the west as outlined on the attached map, and that these vacant and improved properties necessary for such purpose are in Douglas County,Nebraska and are more particularly described as follows: 601 Leavenworth Street Lots 1 and 2, in Block 207, in the Original City of Omaha, Douglas County, Nebraska together with a strip of ground described as follows: Beginning at the Northwest corner of Lot 2 in Block 207, thence North 20 feet, thence East 132 feet, thence South 20 feet to the Northeast corner of Lot 1, in block 207, thence West 132 feet to the place of beginning being a part of Leavenworth Street vacated: Also a strip of ground beginning at the Northeast corner of Lot 1 in Block 207, thence South 132 feet, thence East 20 feet, thence North 152 feet, thence West 20 feet, thence South 20 feet to the place of beginning, being a part of 6th Street vacated, together with the North 1/2 of the vacated alley adjoining said Lots 1 and 2 on the South. Ordinance No. <3j/,3 Page 2 Section 2. That the City of Omaha is authorized, empowered and directed to negotiate, through either employees of the City of Omaha or through persons employed therefor or through any combination thereof, with the owners of the above described property for the acquisition of said property by the City of Omaha for the aforesaid purposes. Upon failure to agree to negotiation with the owner of any of the above described property for the acquisition thereof by the City of Omaha, the City is authorized, empowered, and directed, through the Law Department, to proceed forthwith to acquire such property not obtained by negotiation, by proceedings in accordance with the laws of the State of Nebraska, under the power of eminent domain. Any notice or notices in the name of the City of Omaha required to be given the owners of other persons having any interest in and to any of the above described property may be given by the Law Department of the City of Omaha. The project account is the FY 2003 Advance Acquisition Fund, Organization 131551, Fund 13111. Section 3. That this Ordinance, being not legislative in character, shall take effect upon the date of its passage in accord with section 2.12 of the Omaha Municipal Code. INTRODUCED BY COUNCILMEMBER p a APPROVED BY: 1 -fit f‘3—D,3 MAYOR OF THE CIT OF OMAHA DATE PASSED JUL - 1 2003 o/ ;, w4 ATTEST: u<��G���i� 7 3& D ER L1 T Y CITY CLERK OFT E CIT OF OMAHA DATE APPROVED AS TO FORM: ('447TORNEYP:\P1n5\8777pjm.doc SpQG10e - TS • • SUBJECT PROPERTY ......_\_____________________) LOT 1 4.943 AO MI Jones St LOT: 4.92 AC NM 14 12 LOT 2 4.98 AC Leavenworth St et4,-4,4 o $���®4Cn.��3'��3�4®4 4 3 2 T S S.L.1 G.L 4 5 5 7 J 5 S � S S S rt i 5 W V� 1111 Marcy St , iong Ilk . . ss , I S.L.1 lig , , lisi„,„„ . . lulu , ilium IIII , . . imil NI ... ,© 1 , 4 3 2 1 4 1 . r'� 235 II „•,..„•• ®,+,„,®4, Subject Property N 200 0 200 400 Feet j' PLANNING-OMAHA • • • BOARD OF COUNTY COMMISSIONERS Douglas County Nebraska Resolved: WHEREAS, Douglas County is a party to that certain Redevelopment Agreement, dated May 3, 1988, made by and between Douglas County,., City of Omaha, Nebraska, Omaha Development Foundation, ConAgra Foods, Inc. (formerly known as ConAgra, Inc.) and Peter Kiewit Foundation; and WHEREAS, the parties to the Redevelopment Agreement intend to amend the Redevelopment Agreement in order to facilitate the plans of ConAgra Foods, Inc. and the City of Omaha, Nebraska to construct and operate a facility to house the City of Omaha's mounted horse patrol; NOW, THEREFORE, BE IT RESOLVED BY THIS BOARD OF COUNTY COMMISSIONERS that the Second Amendment to Redevelopment Agreement is hereby approved and Douglas County is authorized to execute the same. Dated this 20th day of May, 2003. Motion by McCallister, seconded by Hutchings I move the adoption of the resolution. ADOPTED: May 20, 2003 YEAS: Borgeson, Boyl- i . Hutchings, McCallister, Pirsch, Harris 1 ied C. '>% Adger 'Al . D.I . AS COUNTY C +' Certified c. ., o: Commissioners, County Attorney, Clerk, City of Omaha .S SECOND AMENDMENT TO REDEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO REDEVELOPMENT AGREEMENT (this "Amendment") is made and entered into by and among the CITY OF OMAHA, NEBRASKA (the "City"), OMAHA DEVELOPMENT FOUNDATION, a Nebraska nonprofit corporation ("ODF"), CONAGRA FOODS,INC., formerly known as ConAgra, Inc., a Delaware corporation ("ConAgra"), the COUNTY OF DOUGLAS, NEBRASKA ("County"), and PETER KIEWIT FOUNDATION, a charitable trust("Peter Kiewit Foundation"). PRELIMINARY STATEMENT On or about May 3, 1988, the City, ODF, ConAgra, the County, and the Peter Kiewit Foundation entered into a Redevelopment Agreement (the "Redevelopment Agreement") to implement the Riverfront Redevelopment Plan (the "Redevelopment Plan") which had been approved by the City Council of the City on February 2, 1988, which was amended by that certain Amendment to Redevelopment Agreement dated effective September 15, 1995. In order to facilitate the general welfare and development of the City, ConAgra and the City desire to expand the Plan Area encompassed by the Redevelopment Plan and Redevelopment Agreement and amend the Redevelopment Plan and the Redevelopment Agreement to include some of the blighted and substandard areas not previously included, and to assemble the real estate necessary to permit construction of a stable, at ConAgra's sole cost, to house the City's mounted horse patrol, and the parties now desire to amend the Redevelopment Agreement and the Redevelopment Plan to accomplish these goals. NOW, THEREFORE, in consideration of the mutual agreements contained herein, the parties hereto agree that the Redevelopment Agreement shall be amended as follows: 1. Definitions. The following terms shall have the following meaning for all " purposes of this Amendment: (a) "Additional Redevelopment Area" shall mean that real estate located in Omaha, Douglas County, Nebraska described in Exhibit A attached hereto and incorporated by reference herein. (c) "Condemnation Site" shall mean that real estate located in Omaha, Douglas County, Nebraska described in Exhibit B attached hereto and incorporated by reference herein. (c) All other capitalized terms in this Amendment which are not otherwise defined in this Amendment shall have the meanings ascribed to such terms in the Redevelopment Agreement. 2. Amendment to Redevelopment Plan. The Redevelopment Agreement is hereby revised, and the City hereby agrees to amend the Redevelopment Plan to include the Additional Redevelopment Area within the area of the Plan Area and Redevelopment Project Area. 3. Acquisition and Conveyance of Condemnation Site. The City shall take the steps necessary (including the use of its power of eminent domain) to timely acquire the Condemnation Site, including all easements and rights-of-way within the boundaries of the Condemnation Site, and shall convey to ConAgra fee simple title to the Condemnation Site, free and clear of all liens, encumbrances, reservations, restrictions, easements and rights-of-way, on or before May 1, 2003 (the "Completion Date"). The City shall also vacate any easements or rights-of-way owned by the City within the boundaries of the Additional Redevelopment Area. Upon conveyance of the Condemnation Site to ConAgra, ConAgra shall pay or reimburse the City for the City's cost of acquisition of the Condemnation Site, including the negotiated purchase price or the condemnation award (including any award and interest on appeal), as the case may be, for any real estate in the Condemnation Site acquired by the City by use of the power of eminent domain and also including any relocation expense. All litigation expense including all court costs, expert witness fees and other expenses paid by the City to third parties (who are not City employees) in connection with any such condemnation action shall be borne by ConAgra as well as any other necessary expenses related to the acquisition of the Condemnation Site. 4. Construction and Lease of Stable. ConAgra hereby agrees to construct, for the benefit of the City, a stable and facility to house related police operations (the "Stable") to be located on a portion of the Additional Redevelopment Area to house the City's mounted horse patrol and related police operations. Upon substantial completion of the Stable, ConAgra shall lease the Stable to the City at the annual rental rate of$1.00 per year in accordance with the terms of that certain Lease in the form attached hereto as Exhibit C. which Lease shall be executed by ConAgra and the City simultaneous with the execution of this Amendment. 5. Re-zoning. On or before the Completion Date, the City, at the City's sole cost and expense, shall re-zone the Additional Redevelopment Area to the zoning classification of Central Business District. The City acknowledges that Central Business District zoning classification is the appropriate zoning classification to construct and use the Stable on the Additional Redevelopment Area. Immediately upon execution of this Amendment,the City shall issue a building permit to ConAgra to construct the Stable, including all permits required to demolish any existing structures currently located on the Additional Redevelopment Area. 6. Conflicting Provisions. To the extent that the terms of this Second Amendment conflict with the original terms of the Redevelopment Agreement as previously amended, the terms of this Amendment shall control. 7. Reaffirmation of Redevelopment Agreement. As hereby amended, the Redevelopment Agreement shall remain in full force and effect and the parties hereby reaffirm their respective rights and obligations thereunder. 2 8. Date of Send Amendment. For reference purposes, this Second Amendment shall be dated as of ,/��,,� ,2003. IN WITNESS WHEREOF,the parties hereto have executed this Amendment on the dates set forth beneath their respective signatures. CITY OF OMAHA,NEBRASKA :t: G - —By: y (�ity Clerk ACTING ayor of the City of aha, / _ a Municipal Corporation Date: 9.e.--0.e, (O , 2003 Date: ,2003 Approved as to Form: By: ,��....`.— SPEUAL mt Date: Wort S ,2003 OMAHA DEVELOPMENT FOUNDATION By: i Title: e x. r 4 See Date: S12 2/63 ,2003 CONAGRA FOODS, INC. By: t RFAI FSTA7F a FACII MPS Date: ,2003 3 COUNTY OF DOUGLAS,NEBRASKA : t: es CHIEF DEFUW; 06(04--(641--' / Title: Date: 2003 Ly41 Date: V l' ,2003 PETER KIEWIT FOUNDATION Title:/ ties' fir Date: ( l9f ,2003 4 EXHIBIT A PARCEL 1: Lots 3 and 4, in Block 207,in the ORIGINAL CITY OF OMAHA, as surveyed and lithographed, in Douglas County,Nebraska; together with the vacated South 20 feet of Leavenworth Street adjacent thereto on the North; and, together with the vacated East 15 feet of 7th Street adjacent to said Lot 4 on the West; EXCEPT that part of said vacated streets described as follows: Beginning at the point of intersection of the South right-of-way line of Leavenworth Street and the East right-of-way line of 7th Street, said point being 15.00 feet West of and 20.00 feet North of the Northwest corner of Lot 4, Block 207, Original City of Omaha, Douglas County, Nebraska; thence East, along the South right-of-way line of Leavenworth Street, 25.00 feet, to a point; thence South 45°00'00" West(assumed bearing), 35.36 feet, to a point on the East right-of-way line of 7th Street; thence North, along the East right-of-way line of 7th Street, 25.00 feet to the Point of Beginning. PARCEL 2: Lots 1 and 2, in Block 207, in the Original City of Omaha, Douglas County, Nebraska, together with a strip of ground described as follows: Beginning at the Northwest corner of Lot 2 in Block 207, thence North 20 feet, thence East 132 feet, thence South 20 feet to the Northeast corner of Lot 1, in Block 207, thence West 132 feet to the place of beginning, being a part of Leavenworth Street vacated: Also a strip of ground beginning at the Northeast corner of Lot 1 in Block 207, thence South 132 feet, thence East 20 feet, thence North 152 feet, thence West 20 feet, thence South 20 feet to the place of beginning, being a part of 6th Street vacated, together with the North '/2 of vacated alley adjoining said Lots 1 and 2 on the South. PARCEL 3: The North V2 of the West 'Y2 of the alley located in Block 207, in the Original City of Omaha, as surveyed and lithographed, in Douglas County, Nebraska, including that portion of said alley located in the vacated East 15 feet of 7th Street adjacent to Lots 4 and 5 in said Block 207. EXHIBIT B • PARCEL 1: Lots 1 and 2, in Block 207, in the Original City of Omaha, Douglas County, Nebraska, together with a strip of ground described as follows: Beginning at the Northwest corner of Lot 2 in Block 207, thence North 20 feet, thence East 132 feet, thence South 20 feet to the Northeast corner of Lot 1, in Block 207, thence West 132 feet to the place of beginning, being a part of Leavenworth Street vacated: Also a strip of ground beginning at the Northeast corner of Lot 1 in Block 207, thence South 132 feet, thence East 20 feet, thence North 152 feet, thence West 20 feet, thence South 20 feet to the place of beginning, being a part of 6th Street vacated, together with the North 'h of vacated alley adjoining said Lots 1 and 2 on the South. PARCEL 2: The North '/2 of the West V2 of the alley located in Block 207, in the Original City of Omaha, as surveyed and lithographed, in Douglas County, Nebraska, including that portion of said alley located in the vacated East 15 Feet of 7th Street adjacent to Lots 4 and 5 in said Block 207. r i 5 EXHIBIT C LEASE THIS LEASE is made and entered into as of the day of 2003, between CONAGRA FOODS, INC. ("Lessor") and the CITY OF OMAHA, NEBRASKA ("Lessee"). 1. PREMISES. Lessor hereby leases to Lessee and Lessee leases from Lessor that certain real property, and the improvements thereon consisting of a horse stable and facility to house police operations for Lessee's mounted horse patrol, located on that property legally described in Exhibit A attached hereto and incorporated herein by reference (the "Premises"). 2. TERM. This Lease shall be for a term of 5 years, commencing on the date that Lessor completes construction of the horse stable on the Premises for Lessee's mounted horse patrol and delivers possession of the Premises to Lessee (the "Commencement Date") and expiring on the last day of the month in which the 5th anniversary of the Commencement Date falls (the "Termination Date"). On the Commencement Date, both parties hereto shall execute a commencement date memorandum confirming the Commencement Date and the Termination Date of this Lease. Lessee shall have the option to extend this Lease for one additional term of five(5) years upon having satisfactorily met the terms and conditions of this Lease. Should Lessee decide to extend this Lease, Lessee must notify Lessor in writing at least one (1) year prior to the expiration of the primary term of this Lease. 3. RENT. Lessee agrees to pay Lessor the rent due herein at the office of Lessor at the address set forth in Section 28 below or at such other place as Lessor may from time to time designate in writing, in lawful money of the United States, in yearly installments of$1.00 for the term of this Lease (the "Rent"), in advance, on the Commencement Date and each anniversary of the Commencement Date. Lessee shall be entitled to prepay all rent payments due for the entire original term of this Lease. All payments of Rent shall be payable without previous demand therefore and without any right of set-off or deduction whatsoever. The performance and observance by Lessee of all the terms, covenants, conditions and agreements to be performed or observed by Lessee hereunder shall be performed and observed by Lessee at Lessee's sole cost and expense. Lessee agrees to pay the Rent as and when due, together with all adjustments and all other amounts required to be paid by Lessee under this Lease, which amounts shall be considered "rent" in addition to the rent provided for herein, and in the event of nonpayment of any such amounts by Lessee, Lessor shall have all the rights and remedies herein provided for failure to pay rent. 4. UTILITIES. Lessee shall pay for all gas, water, electricity, telephone, and other utility services used or consumed in or allocable to the Premises during the term of this Lease and shall pay all sewer use fees or charges made or imposed with respect to or against the Premises during the term of this Lease. Lessee shall hold Lessor and the Premises harmless for all liens, charges, and costs with respect to same. If any equipment installed by Lessee requires additional utility facilities, such additional facilities shall be installed at Lessee's expense. Lessee's payments for all utility services shall be made directly to the utility or other provider of such service. 5. IMPROVEMENTS. Lessee shall not make any improvements or alterations on or about the Premises without the written consent of Lessor, which consent may be withheld by Lessor for any reason in Lessor's sole discretion. Upon termination of this Lease, at Lessor's option, Lessee will repair and restore the Premises to its former condition, at Lessee's expense, except that Lessor may not make such a request with respect to reasonable wear and tear of the Premises. Any improvements, additions or alterations installed or made by Lessee, except Lessee's trade fixtures, shall become part of the Premises and the property of the Lessor. Lessee may remove its trade fixtures at the termination of this Lease provided Lessee is not then in default and provided further that Lessee repairs any damage caused by such removal. 6. REPAIRS AND MAINTENANCE. Lessee, at its sole cost and expense, throughout the term of this Lease, shall take good care of the Premises (including any improvements or equipment hereafter erected or installed on the Premises), and shall keep the same in good order and condition, free from pests and flies, and shall make and perform all maintenance thereof and all repairs and replacement thereto, interior and exterior, structural and nonstructural, ordinary and foreseen and unforeseen, of every nature, kind and description. When used in this Section 6, "repairs" shall include all necessary replacements, renewals, alterations, additions and betterments. All repairs made by Lessee shall be at least equal in quality to the original work and shall be made by Lessee in accordance with all laws, ordinances and regulations whether heretofore or hereafter enacted. Lessee, at its sole costs and expense shall take good care of, repair and maintain all driveways, pathways, roadways, sidewalks, curbs, spur tracks, parking areas, loading areas, entrances and passageways on the Premises in good order and repair and shall promptly remove accumulated debris from any and all driveways, pathways, roadways, sidewalks, curbs, parking areas, loading areas, entrances and passageways and keep all portions of the Premises in a clean and orderly condition free of dirt, rubbish, debris and unlawful obstructions. Lessee shall keep the Premises in a clean and sanitary manner and shall, on a daily basis, remove all horse manure, used horse bedding material from the Premises. Lessee shall not do or suffer any waste or damage or injury to the Premises or any improvements hereafter erected thereon, or to the fixtures or equipment therein, or permit or suffer any overloading of the floors or other use of the Premises that would place an undue stress on the same or any portion thereof beyond that for which the same was designed. Lessee shall comply with all laws and regulations of any governmental authority with respect to the Premises, and the manner of using and operating the same and with all restrictive covenants, if any, affecting the title to the Premises or any part thereof. During the entire term of this Lease, Lessee shall keep in full force and effect a pest and fly control service contract for the Premises, providing for inspection, and pest and fly removal as necessary, on a weekly basis. The form of the contract and the provider of the pest control service shall be as approved by Lessor. Notwithstanding the foregoing, Lessor shall maintain the landscaping and lawn areas and shall remove accumulated snow from the Premises. 7. MECHANICS' LIENS. Lessee shall not suffer or permit any mechanic's lien or other lien to be filed against the Premises, or any portion thereof, by reason of work, labor, skill, 2 . services, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Lessee, or anyone holding the Premises, or any portion thereof, through or under Lessee. If any such mechanic's lien or other lien shall at any time be filed against the Premises, or any portion thereof, Lessee shall cause the same to be discharged of record within thirty (30) days after the date of filing the same. If Lessee shall fail to discharge such mechanic's lien or liens or other lien within such period, then in addition to any other right or remedy of Lessor, Lessor may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien. Any amount paid by Lessor, or the value of any deposit so made by Lessor, together with all costs, fees and expenses in connection therewith (including reasonable attorney's fees of Lessor), together with interest thereon at the rate of 18% per annum, shall be repaid by Lessee to Lessor on demand by Lessor and if unpaid may be treated as Additional Rent. Lessee shall indemnify and defend Lessor against and save Lessor and the Premises, and any portion thereof, harmless from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorney's fees resulting from the assertion, filing foreclosure or other legal proceedings with respect to any such mechanic's lien or other lien. All materialmen, contractors, artisans, mechanics, laborers and any other person now or hereafter furnishing any labor, services, materials, supplies or equipment to Lessee with respect to the Premises, or any portion thereof, are hereby charged with notice that they must look exclusively to Lessee to obtain payment for the same. Notice is hereby given that Lessor shall not be liable for any labor, services, materials, supplies, skill, machinery, fixtures or equipment furnished or to be furnished to Lessee upon credit, and that no mechanic's lien or other lien for any such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or affect the estate or interest of Lessor in an to the Premises, or any portion thereof. 8. TAXES. Lessee shall pay all real estate taxes and special assessments levied against the Premises. Personal property taxes on personal property of Lessee located on the Premises shall be paid by Lessee prior to delinquency. 9. INSURANCE. Lessee shall carry and maintain, at its sole cost and expense, the following types of insurance, in the amount specified and in the form hereafter provided during the term of this Lease: (a) Property Insurance. Lessee, at its sole cost and expense, shall obtain and continuously maintain in full force policies of insurance covering the Premises for the benefit of Lessor as a named insured against: (i) loss or damage by fire; (ii) loss or damage from such other risks or hazards now or hereafter embraced by an "All Risk Coverage Endorsement"; (iii) loss from so-called explosion, collapse and underground hazard; and (iv) such other risks as Lessor and Lessee may mutually agree in writing from time to time. At all times such insurance coverage shall be in an amount equal to 100% of the then "Full Replacement Cost" of the Premises and shall include a so-called "Agreed Value Endorsement". Full Replacement Cost 3 shall be interpreted to mean the cost of replacing all of the improvements currently located on the Premises, without deduction for depreciation or wear and tear. (b) Commercial General Liability. Lessee is self-insured with respect to general liability and worker's compensation insurance. Total funds available for such occurrences shall at all times exceed $10,500,000.00. Lessee shall be responsible for providing financial protection to Lessor for any accident, death or personal injury, or damage to or loss or theft of property which shall occur in or about the Premises, except for those events caused by the negligence of Lessor. (c) Policy Form. All policies of insurance provided for herein shall be issued by insurance companies with general policyholders' rating of not less than A and financial rating of AAA as rated in the most current available "Best's Insurance Reports", and qualified to do business in the State of Nebraska, and shall be issued in the names of Lessor, Lessee and such other persons or firms as Lessor specifies from time to time as insureds. Such policies shall be for the mutual and joint benefit and protection of Lessor, Lessee and others hereinabove mentioned, and executed copies of such policies of insurance or certificates thereof shall be delivered to the Lessor within ten (10) days after delivery of possession of the Premises to Lessee and thereafter within thirty (30) days prior to the expiration of the term of each such policy. All public liability policies shall contain a provision that the Lessor, although named as an insured, shall nevertheless be entitled to recovery under said policies for any loss occasioned to it, its servants, agents and employees by reason of the negligence of Lessee or Lessor. As often as any such policy shall expire or terminate, renewal or.additional policies shall be procured and maintained by Lessee in like manner and to like extent. All policies of insurance or certificates thereof delivered to Lessor must contain a provision that the company writing said policy will give Lessor thirty (30) days notice in writing in advance of any cancellation or lapse or the effective date of any reduction in the amounts of insurance. All public liability, property damage and other casualty policies shall be written as primary policies, not contributing with and not in excess of coverage which Lessor may carry. (d) Use of Premises Not to Invalidate Insurance, Waiver of Subrogation. Lessee shall not use or occupy the Premises or any part thereof in any manner which could invalidate any policies of insurance now or hereafter placed on the Premises or increase the risks covered by insurance on the Premises or necessitate additional insurance premiums or policies of insurance, even if such use may be in furtherance of Lessee's business purposes. In the event any policies of insurance are invalidated by acts or omissions of Lessee, Lessor shall have the right to terminate this Lease, or at Lessor's option, to charge Lessee for extra insurance premiums required on the Premises on account of the increased risk caused by Lessee's use and occupancy of the Premises. Lessee waives all claims for recovery from Lessor for any loss or damage to any of its property insured under valid and collectible insurance policies. 10. USE OF PREMISES. The Premises are leased to Lessee, and are to be used by Lessee, for the purposes of the housing, care, training, grooming and other required care of horses used by the Omaha Police Department's mounted horse patrol, including storage of horse related supplies, materials, hay and feed (which may only be stored inside the facility to be constructed by Lessor), and for training and operational activities of Omaha police officers 4 related to the mounted horse patrol and for no other purpose. Lessee agrees to use the Premises in such a manner as to comply with all applicable governmental laws, ordinances and regulations in connection with its use of the Premises, and to keep the Premises in a clean and sanitary condition, and to use all reasonable precaution to prevent waste, damage or injury to the Premises. 11. CONDITION OF PREMISES. Lessee agrees that Lessee is accepting the Premises in its current condition, "AS IS", and that no promises, representations, statements or warranties have been made on behalf of Lessor to Lessee respecting the condition of the Premises, or the making, at Lessor's cost, of any repairs to the Premises, and the taking of possession of the Premises by Lessee shall be construed as recognition by Lessee that the Premises were in good and satisfactory condition when possession of same was taken. Lessee shall, at the termination of this Lease, by lapse of time or otherwise, remove all of Lessee's property therefrom and surrender the Premises to Lessor in as good condition as when Lessee took possession,normal wear excepted only. 12. PERSONAL PROPERTY AT RISK OF LESSEE. All personal property in the Premises shall be at the risk of Lessee only. Lessor shall not be liable for any damage to any property of Lessee or its agents or employees in the Premises caused by steam, electricity, sewage, gas or odors, or from water, rain or snow which may leak into, issue or flow into the Premises from any part of the Premises, or from any other place or quarter, or for any damage done to Lessee's property in moving same to or from the Premises. Lessee shall give Lessor, or its agents, prompt written notice of any damage to or defects in water pipes, gas or warming or cooling apparatus in the Premises. 13. INDEMNITY. Lessee shall indemnify, hold harmless and defend Lessor from and against, and Lessor shall not be liable to Lessee on account of, any and all costs, expenses, liabilities, losses, damages, suits, actions, fines, penalties, demands or claims of any kind, including reasonable attorney's fees, asserted by or on behalf of any person, entity or governmental authority arising out of or in any way connected with either (a) a failure by Lessee to perform any of the agreements, terms, or conditions of this Lease required to be performed by Lessee, (b) a failure by Lessee to comply with any laws, statutes, ordinances, regulations or orders of any governmental authority, or (c) any accident, death, or personal injury, or damage to, or loss or theft of property which shall occur on or about the Premises, except as the same may be the result of the negligence of Lessor, its employees or agents. 14. ENVIRONMENTAL. From and after the date of Lessee's possession of the Premises, Lessee hereby indemnifies and holds Lessor harmless from and against any and all liabilities, obligations, losses, damages, penalties, claims, environmental response and cleanup costs, fines, and actions, suits, costs, taxes, expenses, of whatsoever kind or nature imposed on, incurred by, or served against Lessor in any way relating to or arising out of the management, mismanagement, presence, use, possession, generation, transportation, removal, treatment, storage, disposal, migration, or remedy of any "Regulated Substance" as defined herein, now or hereafter in, on, under or from the Premises, where such events have been caused by the acts or omissions of Lessee or its directors, officers, employees, agents, licensees or invitees, during the term of the Lease or any extension thereto. 5 • • • Lessee shall not cause or permit any Regulated Substance or any flammable explosive, oil, contaminate, radioactive material, hazardous waste or material, toxic waste or material or any similar substance to be brought upon, kept or used in or about the Premises except those necessary to conduct Lessee's business on the Premises, all of which must be handled in compliance with all applicable laws. For the purposes of this Lease, the term "Regulated Substance" shall include substances defined as "regulated substances," "hazardous waste," "hazardous substances," "hazardous materials," "toxic substances," "pesticides" or terms of similar import or effect in the Resource Conservation and Recovery Act, as amended by the Hazardous Solid Waste Amendments of 1984, the Comprehensive Environmental Response, Compensation, and Liability Act, as amended by the Superfund Amendments and Reauthorization Act, the Hazardous Materials Transportation Act, the Toxic Substances Control Act, Federal and state environmental laws, any future local, state or federal law or ordinance, or the regulations, rules, and ordinances adopted and publications from time to time promulgated pursuant to said local, state, and federal laws or ordinances. The indemnity in this Section 14 shall survive the expiration or termination of this Lease and shall continue to run in favor of each successive owner of the Premises, notwithstanding that, at the time the right to indemnity is claimed, the party seeking the indemnity is no longer Landlord under this Lease. 15. DAMAGE BY FIRE OR OTHER CASUALTY. If, during the term of this Lease, the Premises, or any portion thereof, shall be so damaged by fire or any other cause, Lessee shall repair and replace the Premises. The work or repair shall begin promptly and shall be carried on without unnecessary delay. In such event, proceeds of fire and extended coverage insurance policy applicable to the improvements on the Premises, if any, shall be used for the repair or replacement of the property damaged or destroyed. Any such damage shall not extend the Lease term. Lessee shall not be entitled to any damages by reason of any inconvenience or loss sustained by Lessee as a result of the Premises or any portion thereof being untenantable while the Premises are being repaired. 16. QUIET ENJOYMENT. Lessor agrees that Lessee, upon paying the specified rent and performing the covenants and conditions herein to be performed by the Lessee hereunder, shall and may peaceably and quietly have, hold and enjoy the Premises for the lease term. 17. CONDEMNATION. If the whole or any part of the Premises shall be taken by public authority under the power of eminent domain, then the term of this Lease shall cease on that portion of the Premises so taken, from the date of possession. If the portion of the Premises taken is such that it prevents the practical use of the Premises for Lessee's purposes, then Lessee shall have the right either (a) to terminate this Lease by giving written notice of such termination to Lessor not later than thirty (30) days after the taking, or (b) to continue in possession of the remainder of the Premises. In the event of any taking or condemnation of the Premises,in whole or in part, the entire resulting award of damages shall be the exclusive property of Lessor, including all damages awarded as compensation for diminution in value to the leasehold, without 6 any deduction for the value of any unexpired term of this Lease, or for any other estate or interest in the Premises now or hereafter vested in Lessee. 18. ASSIGNMENT OR SUBLEASE. Lessee shall not assign this Lease or sublet the whole or any part of the Premises, or permit any other person, except agents and employees of Lessee, to occupy the Premises, or any part thereof, without the prior written consent of Lessor. Lessor's consent may be withheld for any reason at Lessor's sole discretion. Lessor shall have the right to assign its interest under this Lease or the rent reserved hereunder. 19. LESSOR'S RESERVED RIGHTS. Without notice to Lessee, without liability to Lessee for damage or injury to property, person or business, and without effecting an eviction of Lessee or a disturbance of Lessee's use or possession or giving rise to any claim for setoff or abatement of rent, Lessor shall have the right to: (a) Take any and all reasonable measures, including inspections or the making of repairs, alterations, and additions and improvements to the Premises which Lessor deems necessary or desirable for the safety, protection, operation or preservation of the Premises. (b) Approve all signs on the Premises prior to installation thereof. 20. DEFAULT OR BREACH. Each of the following events shall constitute a default or a breach of this Lease by Lessee: (a) If Lessee fails to pay Lessor any rent or additional rent when due hereunder; (b) If Lessee fails to perform or comply with any other term or condition of this Lease and if such nonperformance shall continue for a period of 15 days after notice thereof by Lessor to Lessee, time being of the essence. (c) If Lessee vacates or abandons the Premises; (d) If Lessee files a petition in bankruptcy or insolvency or for reorganization under any Bankruptcy Act, or voluntarily takes advantage of any such act by answer or otherwise, or makes an assignment for the benefit of creditors; (e) If involuntary proceedings under any bankruptcy or insolvency act shall be instituted against Lessee, or if a receiver or trustee shall be appointed of all or substantially all of the property of Lessee, and such proceedings shall not be dismissed or the receivership or trusteeship vacated within 30 days after the institution or appointment; or (f) The Lessee's estate created by this Lease is taken in execution or by other process of law. 7 • 21. EFFECT OF DEFAULT. In the event of any default or breach hereunder, in addition to any other right or remedy available to Lessor, either at law or in equity, Lessor may exert any one or more of the following rights: (a) Cure any default of Lessee hereunder, in which case Lessee shall reimburse any costs incurred by Lessor in curing such default, together with interest charged thereon at the rate of 18% per annum, which amount shall be paid by Lessee to Lessor within 15 days after demand on Lessee therefore. (b) Lessor may re-enter the Premises immediately and remove the property and personnel of Lessee, and shall have the right,but not the obligation, to store such property in a public warehouse or at a place selected by Lessor, at the risk and expense of Lessee. (c) Lessor may retake the Premises and may terminate this Lease by giving notice of termination to Lessee. Without such notice, Lessor's retaking will not terminate the Lease. On termination, Lessor may recover from Lessee all damages proximately resulting from the breach, including the cost of recovering the Premises and the value of the rental for the balance of the Lease over the reasonable rental value of the Premises for the remainder of the Lease term, which sum shall be immediately due Lessor from Lessee. (d) Lessor may relet the Premises or any part thereof for any term without terminating this Lease, at such rent and on such terms as it may choose. Lessor may make alterations and repairs to the Premises. In addition to Lessee's liability to Lessor for breach of this Lease, Lessee shall be liable for all expenses of the reletting, for any alterations and repairs made, and for the difference between the rent received by Lessor under the new lease agreement and the rent installments that are due for the same period under this Lease. • 22. SURRENDER - HOLDING OVER. Lessee shall, upon termination of this Lease, whether by lapse of time or otherwise, peaceably and promptly surrender the Premises to Lessor. In no event shall Lessee hold over or remain in possession of the Premises beyond the expiration or earlier termination date of this Lease. 23. SUBORDINATION AND ATTORNMENT. Lessor reserves the right to place liens and encumbrances on the Premises superior in lien and effect to this Lease. This Lease, and all rights of Lessee hereunder, shall at the option of Lessor, be subject and subordinate to any liens and encumbrances now or hereafter imposed by Lessor upon the Premises or any part thereof, and Lessee agrees to execute, acknowledge and deliver to Lessor, upon demand, any and all instruments that may be necessary or proper to subordinate this Lease and all rights herein to any such lien or encumbrance as may be required by Lessor. Lessee hereby agrees to attorn to the assignee, transferee, or purchaser of Lessor from and after the date of notice to Lessee of such assignment, transfer or sale, in the same manner and with the same force and effect as though this Lease were made, in the first instance, by and between Lessee and such assignee, transferee or purchaser. In the event of the exercise of the power sale under, or the foreclosure of, and deed of trust, mortgage or other encumbrance placed by Lessor against all or any portion of the Premises, Lessee shall upon demand attorn to 8 the purchaser upon the effective date of any such sale or foreclosure of any such deed of trust, mortgage or other encumbrance, and shall recognize the purchaser of judgment creditor as the Lessor under the Lease. Lessee agrees to execute and deliver such further assurances and other documents, including a new lease upon the same terms and conditions contained herein, confirming the foregoing, as such purchaser may reasonably request. Lessee waives any right of election to terminate this Lease because of any such foreclosure proceedings. 24. TRANSFER OF LESSOR'S OBLIGATIONS. The term "Lessor" as used in this Lease, so far as the covenants or obligations on the part of Lessor are concerned, shall be limited to mean and include only the owner or owners at the time in question of the fee of the Premises, and in the event of any transfer of conveyance of the Lessor's title to such fee, other than by way of security only, the Lessor herein named, except as hereinafter provided (and in case of any subsequent transfers of conveyances, except by way of security only, the then Grantor) shall be automatically freed and relieved from and after the date of such transfer or conveyance of all personal liability as respects to the performance of any covenants or obligations on the part of Lessor contained in this Lease thereafter to be performed, provided that any funds in the hands of such Lessor, or the then Grantor, at the time of such transfer or conveyance in which Lessee has an interest shall be turned over to the Transferee or Grantee, and any amount then due and payable to Lessee by Lessor, or by the then Grantor, under any provisions of this Lease shall be paid to Lessee, it being intended hereby that the covenants and obligations contained in this Lease on the part of the Lessor to be kept and performed by it shall, subject as aforesaid, be binding on Lessor, its successors and assigns only during and in respect of their respective successive periods of ownership. 25. ESTOPPEL CERTIFICATE. Lessee agrees that at any time and from time to time during the term of this Lease, and within ten (10) days after demand therefor by Lessor, to execute and deliver to Lessor or to any proposed mortgagee, trustee, beneficiary or purchaser, a certificate in recordable form certifying that this Lease is in full force and effect, that the Lease is unmodified, or if modified state any such modifications, and that there are no defenses or offsets thereto, or stating such defenses or offsets as are claimed by Lessee, and the dates to which all rentals have been paid. 26. INTEREST ON PAST DUE OBLIGATIONS. Whenever under any provision of this Lease Lessee shall be obligated to make any payment or expenditure, or to do any act or thing, or to incur any liability whatsoever, and Lessee fails, refuses or neglects to perform as herein required, Lessor shall be entitled but shall not be obligated to make any such payment or expenditure, or do any such act or thing, or to incur any such liability, all on behalf of and at the cost and for the account of Lessee, and in such event the amount thereof with interest thereon as hereinafter provided shall be deemed additional rental hereunder and shall be added to and deemed a part of the next installment of rent thereafter becoming due from Lessee to Lessor hereunder. Any amount due from Lessee to Lessor under this Lease which is not paid when due shall bear interest at the rate of 18 percent per annum from the date due until paid, but the payment of such interest shall not excuse or cure any default by Lessee under this Lease. 9 • 27. LIABILITY OF LESSOR. If Lessor shall fail to perform any covenant, term or condition of this Lease upon Lessors part to be performed and, as a consequence of such default, Lessee shall recover a money judgment against Lessor, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levy thereon against the right, title and interest of Lessor in the Premises and out of rents or other income from such property receivable by Lessor or out of the consideration received by Lessor from the sale or other disposition of all or any part of Lessor's right, title and interest in the Premises, and the Lessor shall not be liable for any deficiency. 28. NOTICES. Any notice of demands to be given hereunder shall be given in writing and sent by registered or certified mail to Lessor at One ConAgra Drive, Omaha, Nebraska 68102-5001, Attn: Corporate — Controller, with a copy of such notice sent to Vice President of Corporate Real Estate & Facilities, ConAgra Foods, Inc., One ConAgra Drive, Omaha, Nebraska 68102-5001, and to Lessee at Chief of Police, 505 South 15th Street, Omaha, Nebraska 68102 or at such other address as either party may from time to time designate in writing. Each such notice shall be deemed to have been given at the time it shall be deposited in the United States mail in the manner prescribed herein. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed by law for personal service of a summons or other legal process. 29. MISCELLANEOUS. (a) Binding on Assigns. All terms, conditions and agreements of this Lease shall be binding upon, apply and inure to the benefit of the parties hereto and their respective heirs, representatives, successors and permitted assigns. (b) Amendment in Writing. This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. (c) Waiver-None. The failure of Lessor to insist upon strict performance of any of the terms, conditions and agreements of this Lease shall not be deemed a waiver of any of its rights or remedies hereunder and shall not be deemed a waiver of any subsequent breach or default of any of such terms, conditions and agreements. The doing of anything by Lessor which Lessor is not obligated to do hereunder shall not impose any future obligation on Lessor nor otherwise amend any provision of this Lease. (d) No Surrender. No surrender of the Premises by Lessee shall be effected by Lessor's acceptance of the keys to the Premises or of the rent due hereunder, or by any other means whatsoever, without Lessor's written acknowledgment that such acceptance constitutes a surrender. (e) Captions. The captions of the various paragraphs in this Lease are for convenience only and do not define, limit, describe or construe the contents of such paragraphs. (f) Brokers. Lessee hereby warrants that no real estate broker has or will represent it in this transaction and that no finder's fees have been earned by a third party. 10 • • • (g) Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State of Nebraska. (h) Partial Invalidation of Lease. If any term, covenant or condition of this Lease is determined by any court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall remain in full force and effect. (i) Counterparts. This Lease may be executed in counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. LESSOR: CONAGRA FOODS, INC. By: Title: LESSEE: CITY OF OMAHA,NEBRASKA Attest: By: By: City Clerk Mayor of the City of Omaha, a Municipal Corporation Date: , 2003 Date: , 2003 Approved as to Form: By: Assistant City Attorney Date: , 2003 11 EXHIBIT A PARCEL 1: Lots 3 and 4, in Block 207, in the ORIGINAL CITY OF OMAHA, as surveyed and lithographed, in Douglas County,Nebraska; together with the vacated South 20 feet of Leavenworth Street adjacent thereto on the North; and, together with the vacated East 15 feet of 7th Street adjacent to said Lot 4 on the West; EXCEPT that part of said vacated streets described as follows: Beginning at the point of intersection of the South right-of-way line of Leavenworth Street and the East right-of-way line of 7th Street, said point being 15.00 feet West of and 20.00 feet North of the Northwest corner of Lot 4, Block 207, Original City of Omaha, Douglas County, Nebraska; thence East, along the South right-of-way line of Leavenworth Street, 25.00 feet, to a point; thence South 45°00'00" West(assumed bearing), 35.36 feet, to a point on the East right-of-way line of 7th Street; thence North, along the East right-of-way line of 7th Street, 25.00 feet to the Point of Beginning. PARCEL 2: Lots 1 and 2, in Block 207, in the Original City of Omaha, Douglas County,Nebraska, together with a strip of ground described as follows: Beginning at the Northwest corner of Lot 2 in Block 207, thence North 20 feet, thence East 132 feet, thence South 20 feet to the Northeast corner of Lot 1, in Block 207, thence West 132 feet to the place of beginning, being a part of Leavenworth Street vacated: Also a strip of ground beginning at the Northeast corner of Lot 1 in Block 207, thence South 132 feet, thence East 20 feet, thence North 152 feet, thence West 20 feet, thence South 20 feet to the place of beginning, being a part of 6th Street vacated, together with the North %2 of vacated alley adjoining said Lots 1 and 2 on the South. PARCEL 3: The North t/2 of the West '/2 of the alley located in Block 207, in the Original City of Omaha, as surveyed and lithographed, in Douglas County, Nebraska, including that portion of said alley located in the vacated East 15 feet of 7th Street adjacent to Lots 4 and 5 in said Block 207. t . Distribution: 07 Stpo • 8 4118' 5 Deputy Chief Mary Schindler O Cl7J` '- Deputy Chief Mark Sundermeier �4H4, c8A Captain Russ Horine pLI Sic4 Captain Mark Martinez Sergeant Tom Kratochvil Joe Couch, Fiscal Affairs Connie Percosky, Facilities Buster Brown, City Clerk (Res. Adopted 7/1/03) 4.e ^ 3Pat Burke, Purchasing (� 3 Bernard in den Bosch, Law Department File: 74K s .. ( iciii1.\gra. ConAgra Foods, Inc. Foods Fi(r( on• \1s. rive,110 . . 1-1•1:,.n.,2•wi-i-1: I-AN:,.lo:• ) C.- III32'.J %I:''''i)naLrJI,r.,h(nm Sent Via US Mail Jan(,G. Doyle 1'he itunleui July 11,2007 (.;,p,,,:w, ilea/l::u,;h-I'",•,lri/iri•. I The Honorable Mayor Mike Fahey City of Omaha 1819 Famam Street • Omaha,NE 68183 Re: Lease dated July 1,2003 between ConAgra Foods,Inc.and the City of Omaha for the property located at 615 Leavenworth Street,Omaha,NE Dear Mayor Fahey, This is a courtesy letter from ConAgra Foods Inc.reminding you that-the above referenced lease currently expires on 7/31/2008. Pursuant to paragraph 2 of the lease,if the City of Omaha wishes to exercise its riitht to extend the lease for an additional five year term,the City of Omaha must notify ConAgra Foods, In*.in writing at least one(1)year prior to the expiration of the primary term of this lease. If he City wishes to exercise its right to the extension,please acknowledge by signing and dating the si ature block below and returning this letter to me by July 31,2007. ConAgra Foods, Inc. will accept y ur signature as your written request to extend the lease for an additional five years with a new to•mination date of-7/31/2013 and all other terms and conditions of the lease remaining unchanged. Vttry Truly Yours, a es G.Doyle Vi e President C rporate Real Estate&Facilities i Cq: John Lewandowski,ConAgra Foods Inc. 1 I, ayor Mike Fahey,on behalf of the City of Omaha hereby notify ConAgra Foods,Inc.that the City of O aha is exercising its right to extend the lease for 615 Leavenworth Street,Omaha,NE for an additional fie years pursuant to paragraph of 2 of the lease.. ill ill4 40 7 03 -07 Sign Date • i , •l ' 1,, 1 C cu C (D I- m W C -A ACD 1" PI N 111 t °z + °z en) { 0 0 mul GG 0 m 0 v 21> Fl ZZ z 2 (in n m „ y0_ o) � g vT � =,' CD o rO tsv (") rt n a 0 c O_ a 0 -1 - -I O (D 3 -0 = (D = < ° o ° 3 m -0 ddQ O •9o � D D > N- Z(D nn ' (Dir < rr r OD s v r ° a(D - � _ te � (o m � � XZw . "" < - (Ak\••. �' rT ri- to = <O S 3 lD N O- rt (D N fD l� �• A (D tO V) O in' �� a) r eL =-ram = '� rr m- � a O (�D =' -1, a 2 m v n, o 0-a = _3 ((D• moo_ Hi ao (1) (D (-r = 3 j5 C n 0• O O o, n 3 0 (D 5 o, �' r m O rr CrrD N 3 a-0 -0 O = cu f<D (�D (�D fnD n O" O" O p O (CD O (D O t1, -0 (D rt N IV ri. to = to ry. n N O rt M. ° O `� N [D 3 5. (6D 5 in N ' O0 tS`.< cn S ° (D p) 1n 0 7 rr (D n (D rt rt r o rn m CU (D a� s D, 0 v D re = 7 NT CD Q liD (D N cu rt rVr to 01 d Ei N j O (CD W -G �; - O O_ On N O O O_ -n = rr Q to crirvn A. ,ttcu v D -., (D srt =^ o 0 3 cuq u-lO R rr 7 rr v ~` �W ((D CD D 7 . N O fl, rtt O cn r°t O rrr CL (D (D rrr O_ O, O 71 =I ► 'zi \CD ce :i ITI _' rn 1Lo Z `LF m0 42, k\., 0 0 co 1 C Z I—Irr, oN- � . z -/ ' . v "NOTICE TO PUBLIC- THE DAILY RECORD The following Ordinance has been set for . City Council hearing.'on July 1, 2003, at OF OMAHTT 2:00 o'clock p.m., in the Legislative A Chambers,- Omaha/Douglas Civic Center, 1819 Famam Street, at which hearing all RONALD A. HENNINGSEN, Publisher persons,b me y in9e the necd. essity of approp i i_ o� -s e.of the City of PROOF OF PUBLICATION ,Omaha certain`'lh' sin #ter described `vacant acid iniprovi properties located in UNITED STATES OF AMERICA, the Amendment to the Rivefront Redevelopment Plan for the ConAgra The State of Nebraska, SS. Foods7Omo}ia Police Mounted worse Patrol District of Nebraska, Project,within an area generally defined by Leavenworth Street on the north, 6th Street County of Douglas, on the east,the alley'right-of-way south of Cityof Omaha, Leavenworth Street on the south and 7th Street on the west,for a cquisition,relocation as appropriate, and subsequent use as a site LYNDA K. HENNINGSEN for implementing the Amendment to the Riverfront Redevelopment/OmhaPlan for the beingdulysworn,deposes and says that she is ConAgra Foods/Omaha Police Mounted P Y Horse Patrol Project; provided that as to each specified parcel which cannot be ASSOCIATE PUBLISHER obtained by negotiation, proceedings in eminent domain be undertaken and of THE DAILY RECORD, of Omaha, a legal newspaper, printed and completed; and, providing for the effective date hereof. The project account is FY 2003 published daily in the English language, having a bona fide paid Advance Acquisition Fund, Organization circulation in Douglas County in excess of 300 copies, printed in 131551, Fund 13111. BUSTER BROWN, Omaha,in said County of Douglas,for more than fifty-two weeks last City Clerk past; that the printed notice hereto attached was published in THE 6-20-03 __ DAILY RECORD,of Omaha,on June 20, 2003 I. w-" 3asa�i��i1,:1:.er during that time was regularly published and r - W1�� zpl• ,4 ,., the Conn of Doug , State of Nebraska.- Y `,,� ubsc bed in my presence and sw to before 7 CC jON31.30 Ptk lisher's F ft $1 me this 20th day of i � ��\FQ��{���� 3.30 Notary Pub ' f •D as County, of Ne raska • "NOTICE PUBLIC" THE DAILY RECORD ORDINANCEE NO.36313 - AN ORDINANCE thedeclaringu the necessity Cityof OF OMAHA of appropriating, for the use of the City of Omaha, certain herein after described, vacant and improved properties located in RONALD A. HENNINGSEN, Publisher the Amendment to the Riverfront Redevelopment Plan for the ConAgra PROOF OF PUBLICATION Foods/Omaha Police Mounted Horse Patrol Project,within an area generally defined by Leavenworth Street on the north, 6th StreetUNITED STATES OF AMERICA, on the east, the alley right-of-way south of Leavenworth Street on the south and 7th The State of Nebraska, Street on the west,for acquisition, relocation SS. as appropriate, and subsequent use as a site District of Nebraska, for implementing the Amendment to the County of Douglas, Riverfront Redevelopment Plan for the ConAgra Foods/Omaha Police Mounted City of Omaha, Horse Patrol Project; provided that as to each specified parcel which cannot be LYNDA A. HENNINGSEN obtained by' negotiation, proceedings in eminent domain be undertaken and completed; and, providing for the effective being duly sworn,deposes and says that she is date hereof. The project account is FY 2003 Advance Acquisition Fund, Organization ASSOCIATE PUBLISHER 131551,Fund 13111. SUMMARY:AN ORDINANCE declaring the necessity of THE DAILY RECORD, of Omaha, a legal newspaper, printed and of appropriating, for the use of the City of published daily in the English language, having a bona fide paid Omaha, ertain herein after described vacantntand end improved properties located in ' circulation in Douglas County in excess of 300 copies, printed in the Amendment to the Riverfront Omaha,in said County of Douglas,for more than fifty-two weeks last Redevelopment Plan for the ConAgra as that the rinted notice hereto attached published in THE ',Redevelopment PolicelMouMed Horse Patrol P P was ProWet%wiii arealgenerally defined by Citevanv north Streetr on DAILY RECORD,?the.north, 6th Street of Omaha,on on the east; the alley right-of-way south of f uw:mivorth.sIroatF on the south.and 7th July 9 ,, 2003 Streit on We Geis for acquisition;relocation as appropriate,and subsequent use as a site for'implementing the Amendment to the Rive"rfrorita'Redevelopment Plan for the - CortAgra Foods/Omaha Police Mounted Hairs Patrol Project; provided that as to each specified parcel which cannot be r�:,al a er during that time was regularly published and _ obtained,by°'negotiation, proceedings in •:,. � n• the Coun, of Dougl , State of Nebraska. eminent,tdomain be undertaken and %r �,i.ei -' '"'�•••• completed;'and, providing for the effective date.hereof. The pfoiect account is FY 2003 ,o •4' ••• • Advenae`�Acquisitiion fund, Organization = NOTARY bs 'bed in my presence and • to before 131551, Fund-.13111. PASSED:July'02003,6-1 COS. M,a'4:S N •* ul lishe s[Fe¢S $3 8_ 0 me this 9 th ay of APPROVED•BY:..i�.•. - ii c MIKE FAHEY. 9r r.7/3/03 i MAYOR OF THE,, 7rf_w ddi$i iral Co 'es�d$�- Jul 7/1% 03 CRY OF OMAHA : .'' tfi. ••.•Y 6, �.' BUSTER BROWN, City Clerk' 4i(are 30 =N 7-9-03 IV�g Notary P • in d fo Coun ��' e of N ras a