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2022-05-26 SID 563 Minutes CERTIFICATE The undersigned hereby certify that they are the Chairperson and Clerk of Sanitary and Improvement District No. 563 of Douglas County, Nebraska, (the "District") and hereby further certify as follows. 1. Annexed to this certificate is a true and correct transcript of the proceedings of the Board of Trustees of the District relating to a meeting of said District held on the date and at the time reflected in the meeting minutes contained in said foregoing transcript (the "Meeting"). All of the proceedings of the District and of the Board of Trustees thereof which are set out in the annexed and foregoing transcript have been fully recorded in the journal of proceedings of the District and the undersigned District Clerk has carefully compared the annexed and foregoing transcript with said journal and with the records and files of the District which are in such Clerk's official custody and said transcript is a full, true and complete copy of said journal, records and files which are set out therein. 2. Advance notice for the Meeting was given by publication as set forth in the affidavit of publication contained in the foregoing transcript and was mailed to the Clerk of the municipality or county within whose zoning jurisdiction the District is located at least seven days prior to the date of the Meeting. Advance notice for the Meeting, including notice of agenda subjects,was given to all members of the Board of Trustees. All news media requesting notification of meetings of said body were provided with advance notice of the times and places of such meetings and the subjects to be discussed. 3. All of the subjects addressed at the Meeting were contained in the agenda for the Meeting, which agenda was kept continually current and readily available for public inspection at the address listed in the meeting notice for the Meeting and a copy of which is attached to this Certificate; such subjects were contained in said agenda for at least 24 hours prior to the Meeting and each agenda item was sufficiently descriptive to give the public reasonable notice of the matters to be considered at the Meeting. 4. A current copy of the Nebraska Open Meetings Act was available and accessible to members of the public, posted during the Meeting in the room in which such Meeting was held and all in attendance at the Meeting were informed that such copy of the Nebraska Open Meetings Act was available for review and were informed of the location of such copy in the room in which such Meeting was being held. At least one copy of all resolutions and other reproducible written materials, for which actions are shown in said proceedings, was made available for examination and copying by members of the public at the Meeting 5. The minutes of the Meeting were in written form and available for public inspection within ten (10)working days after the Meeting or prior to the next convened meeting, whichever occurred earlier, at the office of the District; within thirty(30) days after the date of the Meeting, a copy of the minutes of the Meeting was sent to the Clerk of the municipality or county within whose zoning jurisdiction the District is located. 6. No litigation is now pending or threatened to restrain or enjoin the District from the issuance and delivery of any warrants or other obligations issued by the District or the levy and collection of tax or other revenues or relating to any of the improvements for which any such warrants or other obligations were or are issued nor in any manner questioning the proceedings and authority under which any such warrants or other obligations were or are issued or affecting the validity thereof; neither the corporate existence or boundaries of the District nor the title of its present officers to their respective offices is being contested; no authority or proceedings for the issuance of any warrants or other obligations by the District have been repealed, revoked or rescinded as of the date hereof. All actions taken by the Board of Trustees referred to in said transcript were taken at a public meeting while open to the attendance of the public. IN WITNESS WHEREOF, we have hereunto affixed our official signatures this 26th day of May 2022. —/"K Chairperson ler • MEETING MINUTES SANITARY AND IMPROVEMENT DISTRICT NO. 563 OF DOUGLAS COUNTY, NEBRASKA The meeting of the Board of Trustees of Sanitary and Improvement District No. 563 of Douglas County, Nebraska was convened in open and public session at 11:30 a.m. on May 26, 2022, at 11440 West Center Road, Suite C, Omaha, Nebraska. Present at the meeting were Trustees Terry Wiese, Randy Baker, Jeffery Stoll, Loren Johnson, and Steven Hecker. Also present were Mark B. Johnson, attorney for the District, 'a representative of Lamp Rynearson, engineers for the District, and a representative of Kuehl Capital Corporation, Financial Advisor for the District. Notice of the meeting was given in advance thereof by publication in the Daily Record on May 12, 2022, and May 19, 2022, a copy of the Proof of Publication being attached'to these minutes. Notice of the meeting was simultaneously given to all members of the Board of Trustees and a copy of their Acknowledgment of Receipt of Notice is attached to these minutes. Availability of the agenda was communicated in the published notice and in the notice to the Trustees'of this meeting All proceedings of the Board were taken while the convened meeting was opeh to the attehda'nce of the public. The Clerk then certified that notice of this meeting had been given to the City Clerk`of y priorby Omaha, Nebraska at least seven days to the time set the Board of Trustees for this meeting and filed his Certificate to that effect, said Certificate being g attached to these minutes and made'a part hereof by this reference. The Chairman called the meeting to order and called the roll of Board members. The Chairman publicly stated to all in attendance that a current copy of the Nebraska Open Meetings Act was available for review and indicated the location of such copy in the room where the meeting was being held. The Chairman then presented the executed engagement letter of AGSN, P.C., dated May 10, 2022, the Districts accountants, and the Clerk was then directed to attach a copy to these minutes. The Clerk then announced that the last publication of the notice of this meeting was more than five days prior to the time set by the Board of Trustees for public hearing, as set forth in the Proof of. Publication. The Clerk further announced that notice had been posted in three conspicuous places within the District and filed his Certificate to that effect, said Certificate being attached to these minutes and made a part hereof by this reference. The Clerk then stated that no petition opposing the Resolution of Necessity had been filed by any of the property owners within the District nor by any other person and no person appeared at the meeting or made any objections to the proposed Resolution of Necessity. The Trustees, then voted "aye" and passed and adopted the proposed Resolution of Advisability and Necessity, being the same Resolution adopted in form at the meeting of the Board of Trustees held on May 5, 2022, which Resolution is set forth in full in the Proof of Publication attached hereto; the Trustees then passed the following resolution: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 563 of Douglas County, Nebraska that the Resolution of Necessity for the Sale and Purchase Agreement for Outot K Lakview 168, within the District be and hereby is approved as proposed at the meeting of the Board of Trustees held on May 5, 2022, and that the Chairman and Clerk be and they hereby are authorized and directed to execute said agreement on behalf of the District. The Chairman then presented plans and specifications prepared by Lamp Rynearson, engineers for the District, for the construction Sidewalks and Trails, Section 1, together with an estimate of the total cost of said improvement prepared by said engineers, which cost estimate, including engineering fees, legal fees, fiscal fees, administration costs and other miscellaneous costs is in the sum of$341,947.13. After discussion the Resolution contained in Exhibit "A" attached hereto and by this reference incorporated herein was duly introduced, seconded and upon a roll call vote of "aye" by the Trustees, was unanimously adopted; the Trustees then passed the following resolutions: RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 563 of Douglas County, Nebraska that the hearing on the proposed Resolution of Advisability and Necessity for the construction of Sidewalks and Trails, Section 1 shall be held at 11:30 a.m. on June 23, 2022, at 11440 West Center Road, Suite C, Omaha, Nebraska, at which time owners of property within the District who might become subject to assessment for the improvements contemplated by the proposed Resolution of Necessity may appear and make objections to the proposed improvements and if a petition opposing the proposed Resolution of Advisability and Necessity, signed by property owners representing a majority of the front footage which might become subject to assessments for the cost of said improvements, as set out in the Resolution, is filed with the Clerk of the District within three days before the date set for hearing on such Resolution, such Resolution shall not be passed. BE IT FURTHER RESOLVED that the notice of said hearing shall be given by publication in the Daily Record, a legal newspaper of Douglas County, Nebraska, for two consecutive weeks on June 9, 2022, and June 16, 2022 which publication shall contain the entire wording of the proposed Resolution and that notice shall be given by posting same in three conspicuous places within the boundaries of the District as required by §31-745 R.R.S.; and further, that the Clerk of the District shall give notice not less than seven days prior to said hearing to the City Clerk of Omaha as required by §31-727.02 R.R.S. The Chairman then presented an Interlocal Cooperation Agreement for the construction of 168th and Ida Street Improvements by and between County of Douglas, Nebraska (Douglas County), Sanitary and Improvement District No. 563, of Douglas County, and Sanitary and Improvement District No. 567, of Douglas County and with an estimate of the total cost of said improvement prepared by said engineers, which cost estimate, including engineering fees, legal fees, fiscal fees, administration costs, and other miscellaneous costs is in the sum of $1,761,500.00. After discussion the Resolution contained in Exhibit "B" attached hereto and by this reference incorporated herein was duly introduced, seconded and upon a roll call vote of "aye" by the Trustees, was unanimously adopted; the Trustees then passed the following resolutions: RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 563 of Douglas County, Nebraska that the hearing on the proposed Resolution of Advisability and Necessity Interlocal Cooperation Agreement for an Interlocal Cooperation Agreement for the construction of 168th and Ida Street Improvements by and between County of Douglas, Nebraska (Douglas County), Sanitary and Improvement District No. 563, of Douglas County, and Sanitary and Improvement District No. 567, of Douglas County, shall be held at 11:30 a.m. on June 23, 2022, at 11440 West Center Road, Suite C, Omaha, Nebraska, at which time owners of property within the District who might become subject to assessment for the improvements contemplated by the proposed Resolution of Necessity may appear and make objections to the proposed improvements and if a petition opposing the proposed Resolution of Advisability and Necessity, signed by property owners representing a majority of the front footage which might become subject to assessments for the cost of said improvements, as set out in the Resolution, is filed with the Clerk of the District within three days before the date set for hearing on such Resolution, such Resolution shall not be passed. BE IT FURTHER RESOLVED that the notice of said hearing shall be given by publication in the Daily Record, a legal newspaper of Douglas County, Nebraska, for two consecutive weeks on June 9, 2022, and June 16, 2022 which publication shall contain the entire wording of the proposed Resolution and that notice shall be given by posting same in three conspicuous places within the boundaries of the District as required by §31-745 R.R.S.; and further, that the Clerk of the District shall give notice not less than seven days prior to said hearing to the City Clerk of Omaha as required by§31-727.02 R.R.S. The Chairman then presented statements for payment from the General Fund Account of the District: a) Omaha Public Power District for street lighting (Account No. 8634307908). $7,403.00 b) Centennial Enterprises Inc., for fertilizing, mowing, trimming,weeding, and trash pick- up (#57737). 2,750.00 c) Kuehl Capital Corporation for advisory fees on General Fund Warrants issued at this meeting (2% of$10,153.00). 203.06 d) Ameritas Investment Company, LLC for underwriting fees on General Fund Warrants issued at this meeting (2% of $10,356.06). 207.12 The Chairman then presented statements for payment from the Construction Fund Account of the District: a) Celebrity Homes, Inc., for land acquisition cost in connection with the Sale and Purchase Agreement for Outlot K, Lakeview 168. $49,466.36 b) Fullenkamp, Jobeun, Johnson & Beller LLP for legal services for land acquisition cost in connection with the Sale and Purchase Agreement for Outlot K, Lakeview 168. 2,586.72 c) Kuehl Capital Corporation for advisory fees on Construction Fund Warrants issued at this meeting (2% of$52,053.08). 1,041.06 d) Ameritas Investment Company, LLC for underwriting fees on Construction Fund Warrants issued at this meeting (2%of $53,094.14). 1,061.88 Then, upon a motion duly made, and seconded, the following resolutions were unanimously adopted: RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 563 of Douglas County, Nebraska that the Chairman and Clerk be and they hereby are authorized and directed to execute and deliver Warrant Nos. 3074 through 3082, inclusive, of the District, dated the date of this meeting, to the following payees, for the following services and in the following amounts, said warrants to draw interest at the rate of 7%per annum, Warrant Nos. 3074 through 3078, inclusive, to be payable from the General Fund Account of the District and to be redeemed no later than three years from the date hereof, being May 26, 2025 (the "General Fund Warrants") and Warrant Nos. 3079 through 3082, inclusive, to be payable from the Construction Fund Account of the District(interest to be payable on April 1 of each year) and to be redeemed no later than five years from the date hereof, being May 26, 2027, (the "Construction Fund Warrants"), subject to extension of said maturity date by order of the District Court of Douglas County, Nebraska after notice is given as required by law to-wit: GENERAL FUND WARRANTS: a) Warrant No. 3074 for $5,000.00 and Warrant No. 3075 for $2,403.00 payable to Omaha Public Power District for street lighting. b) Warrant No. 3076 for $2,750.00 payable to Centennial Enterprises, Inc., for fertilizing, mowing, trimming, weeding, and trash pick-up. c) Warrant No. 3077 for $203.06 payable to Kuehl Capital Corp. for advisory fees on General Fund Warrant Nos. 3074-3076. d) Warrant No. 3078 for$207.12 payable to Ameritas Investment Company, LLC for underwriting fees on General Fund Warrant Nos. 3074-3077. CONSTRUCTION FUND WARRANTS: a) Warrant No. 3079 for $49,466.36 payable to Celebrity Homes, Inc., for land acquisition cost in connection with the Sale and Purchase Agreement for Outlot K, Lakeview 168. b) Warrant No. 3080 for $2,586.72 payable to Fullenkamp, Jobeun, Johnson & Beller LLP for legal services for land acquisition cost in connection with the Sale and Purchase Agreement for Outlot K, Lakeview 168. c) Warrant No. 3081 for$1,041.06 payable to Kuehl Capital Corp. for advisory fees on Construction Fund Warrant Nos. 3079- 3080 d) Warrant No. 3082 for$1,061.88 payable to Ameritas Investment Company, LLC for underwriting fees on Construction Fund Warrant Nos. 3079-3081. BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 563 of Douglas County, Nebraska, that the District hereby finds and determines and covenants, warrants and agrees as follows in connection with the issuance of the Construction Fund Warrants: (i) the improvements and/or facilities being financed by the Construction Fund Warrants are for essential governmental functions and are designed to serve members of the general public on an equal basis; (ii) all said improvements have from the time of their first acquisition and construction been owned, are owned and are to be owned by the District or another political subdivision; (iii) to the extent special assessments have been or are to be levied for any of said improvements, such special assessments have been or are to be levied under Nebraska law as a matter of general application to all property specially benefited by said improvements in the District; (iv) the development of the land in the District is for residential or commercial use and the development of the land in the District for sale and occupation by the general public has proceeded and is proceeding with reasonable speed; (v)other than any incidental use of said improvements by a developer during the initial period of development of said improvements, there have been, are and will be no persons with rights to use such improvements other than as members of the general public; (vi) none of the proceeds of said Construction Fund Warrants have been or will be loaned to any private person or entity; and (vii) and the District does not reasonably expect to sell or otherwise dispose of said improvements and/or facilities, in whole or in part, prior to the last maturity of the Construction Fund Warrants. BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 563 of Douglas County, Nebraska that the District covenants and agrees concerning the Construction Fund Warrants that: (i) it will comply with all applicable provisions of the Code, including Sections 103 and 141 through 150, necessary to maintain the exclusion from gross income for federal income tax purposes of the interest on the Construction Fund Warrants and (ii) it will not use or permit the use of any proceeds of the Construction Fund Warrants or any other funds of the District nor take or permit any other action, or fail to take any action, if any such action or failure to take action would adversely affect the exclusion from gross income of the interest on the Construction Fund Warrants. In addition, the District will adopt such other resolutions and take such other actions as may be necessary to comply with the Code and with all other applicable future laws, regulations, published rulings and judicial decisions, in order to ensure that the interest on the Construction Fund Warrants will remain excluded from federal gross income to the extent any such actions can be taken by the District. The District covenants and agrees that (i) it will comply with all requirements of Section 148 of the Code to the extent applicable to the Construction Fund Warrants, (ii) it will use the proceeds of the Construction Fund Warrants as soon as practicable and with all reasonable dispatch for the purposes for which the Construction Fund Warrants are issued, and (iii) it will not invest or directly or indirectly use or permit the use of any proceeds of the Construction Fund Warrants or any other funds of the District in any manner, or take or omit to take any action, that would cause the Construction Fund Warrants to be "arbitrage bonds" within the meaning of Section 148(a) of the. Code. The District covenants and agrees that it will pay or provide for the payment from time to time of all amounts required to be rebated to the United States pursuant to Section 148(f) of the Code and any Regulations applicable to the Construction Fund Warrants from time to time. This covenant shall survive payment in full of the Construction Fund Warrants. The District specifically covenants to pay or cause to be paid to the United States, the required amounts of rebatable arbitrage at the times and in the amounts as determined by reference to the Code and the Regulations. Pursuant to the "small issuer exception" set forth below, the District does not believe the Construction Fund Warrants will be subject to rebate. The District covenants and agrees that (to the extent within its power or direction) it will not use any portion of the proceeds of the Construction Fund Warrants, including any investment income earned on such proceeds, directly or indirectly, in a manner that would cause any Construction Fund Warrant to be a"private activity bond". The District makes the following representations in connection with the exception for small governmental units from the arbitrage rebate requirements under Section 148(f)(4)(D) of the Code: (i) the District is a governmental unit under Nebraska law with general taxing powers; (ii) none of the Construction Fund Warrants is a private activity bond as defined in Section 141 of the Code; (iii) ninety-five percent or more of the net proceeds of the Construction Fund Warrants are to be used for local governmental activities of the District; (iv) the aggregate face amount of all tax-exempt obligations (other than "private activity bonds," but including any tax-exempt lease-purchase agreements) to be issued by the District during the current calendar year is not reasonably expected to exceed $5,000,000; and (v) the District(including all subordinate entities thereof)will not issue in excess of $5,000,000 of tax-exempt indebtedness (other than "private activity bonds," but including any tax-exempt lease- purchase agreements) during the current calendar year without first obtaining an opinion of nationally recognized counsel in the area of municipal finance that the excludability of the interest on the Construction Fund Warrants from gross income for federal tax purposes will not be adversely affected thereby. BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 563 of Douglas County, Nebraska that the District hereby covenants, warrants, and agrees that to the extent that it may lawfully do so, the District hereby designates the Construction Fund Warrants as its "qualified tax-exempt obligations" under Section 265(b)(3)(B)(i)(III) of the Code. BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 563 of Douglas County, Nebraska that this and the preceding Resolutions are hereby adopted as the Certificate with Respect to Arbitrage of the District pertaining to the Construction Fund Warrants and the District hereby further certifies, as of the date of the registration of the Construction Fund Warrants with Douglas County, Nebraska as follows: 1. The District reasonably anticipates that a portion of the monies in its Bond Fund will be expended for payment of principal of and interest on the bonds and/or construction fund warrants of the District within 12 months after receipt of such monies. The District hereby establishes a reserve fund within its Bond Fund in connection with the issuance of the Construction Fund Warrants in the amount equal to the least of (i) 10% of the stated principal amount of the Construction Fund Warrants, (ii) the maximum annual debt service due on the Construction Fund Warrants during any fiscal year, or (iii) 125% of the average annual debt service for the Construction Fund Warrants over the term of such warrants. That amount that is currently held in the District's Bond Fund which exceeds the amount to be expended for payment of principal and interest on the bonds and/or construction fund warrants of the District within 12 months after receipt of such monies, plus that amount arrived at pursuant to the immediately preceding sentence, will not be invested in any securities or any other investment obligations which bear a yield, as computed in accordance with the actuarial method, in excess of the yield on the Construction Fund Warrants. 2. To the best of their knowledge, information, and belief, the above expectations are reasonable. 3. The District has not been notified of any listing of it by the Internal Revenue Service as an issuer that may not certify its debt. 4. This Certificate is being passed, executed, and delivered pursuant to Section 1.148-2 (b) (2) of the Income Tax Regulations under the Code (the "Regulations"). BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 563 of Douglas County, Nebraska the District hereby authorizes and directs the Chair or Clerk to file or cause to be filed, when due, an information reporting form pursuant to Section 149(e) of the In ternal Revenue Code of 1986, as amended (the "Code"), pertaining to the Construction Fund and General Fund Warrants; No opinion of nationally recognized counsel in the area of municipal finance has been delivered with respect to the treatment of interest on the General Fund Warrants. Purchasers of the General Fund Warrants are advised to consult their tax advisors as to the tax consequences of purchasing or holding the General Fund Warrants. {Signature Page Follows} • There being no further business to come before the meeting, the meeting was adjourned. Loren Johnson hairman Rand B er, Clerk r F HNSON&B LLER LL THE DAILY RECORD . )OHNSON&BELLER LLP 11440 West Center Road OF O Omaha,Nebraska 68144 SANITARY AND IMPROVEMENT JASON W.HUFF,Publisher DISTRICT NO.563 OF DOUGLAS COUNTY,NEBRASKA PROOF OF PUBLICATION JVOTICg NOTICE IS HEREBY GIVEN that a meeting UNITED STATES OF AMERICA, of the Board of Trustees of Sanitary and The State of Nebraska, Improvement District No. 563 of Douglas SS. County, Nebraska will be held at 11:30 a.m, District of Nebraska, at 11440 West Center Road, Suite C, County of Douglas, Omaha,Nebraska,on May 26,2022,which meeting will be open to the public.The agenda City of Omaha, for such meeting,kept continuously current,is Center publicOm inspection at 11 40 West JASON W.HUFF and/or NIKLAUS STEWART Center Road, Omaha, Nebraska and includes the payment of bills of the District and the consideration and passing or amending and being duly sworn,deposes and say that they are the passing the following Resolution,to-wit: BE IT RESOLVED that the Board of Trustees PUBLISHER and/or LEGAL EDITOR of Sanitary and Improvement District No. of THE DAILY RECORD, of Omaha, a legal newspaper,printed and 563 of Douglas County, Nebraska find and determine that it is advisable and necessary published daily in the English language, having a bona fide paid for the District to enter into a Purchase'Agreement with Celebrity Homes, Inc., circulation in Douglas County in excess of 300 copies, printed in wherein the District will purchase Outlot"K" Omaha,in said County of Douglas,for more than fifty-two weeks last for the total cost of$49,466.36. past;that the printed notice hereto attached was published in THE The outer boundaries of the areas which RECORD may become subject to special assessment DAILYOmaha,on ,00ff Om for said improvement are proposed to be the y 12, same as the outer boundaries of Sanitary and Improvement District No. 563 of Douglas & 19, 2022 County,Nebraska. Said Agreement has"been reviewed by Lamp Rynearson, engineers for the District and said engineers have filed with the Clerk of the District,prior to the first publication of That said Newspaper during that time was regularly published and this Resolution,an estimate of the total costs of said improvement, including engineering in general circulation in the County of Douglas,and State of Nebraska fees,legal fees,fiscal fees,interest,and other miscellaneous costs,which estimate is in the GENERAL NOTARY-State of Nebraska ---g--- sum of$55,400.00. IIIII' NICOLE M.PALMER To pay the cost of said improvement the Subscribed in my presence and sworn to before Board of Trustees shall have the power to _�i- .. My Comm. ' �w,�1,,tn 1,2025 issue negotiable bonds of the District after r' ^' 19th of such improvements have been completed and �� er s ee this day me accepted; said bonds to be called "Sanitary i A 1 1 • ' 2 and Improvement District Bonds"and shall be Additional Copies $ , payable and bear interest as provided by the 113.40 ■,���,i�.li,1,��,l,,.,ii PT Statutes of the State of Nebraska. Total $ The Board of Trustees shall assess to the No Pub'c in and or 1.uglas County, extent of special benefits, the cost of such' improvements upon properties specially State of Nebras benefited thereby. All. special assessments which may be levied upon the properties specially benefited by such improvements shall, when collected,be set aside,and constitute a sinking fund for the payment of interest and principal of said bonds.The District shall also. cause to be levied annually a tax upon the assessed value of all of the taxable property in the District except intangible property,which together with said sinking fund derived from special assessments shall be sufficient to meet payment of the interest and principal of said bonds as the same become due;said tax shall be known as the Sanitary and Improvement District Tax and shall be payable annually in money. If a petition opposing this Resolution,signed by property owners representing a majority of the front footage which may become subject to assessment for the cost of the improvements` as set forth herein,is filed with the Clerk of the District within three(3)days before the date of the hearing on this Resolution,this Resolution shall not be passed. F - SANITARY AND IMPROVEMENT DISTRICT NO.563 OF DOUGLAS COUNTY,NEBRASKA By:Chad Larsen Chairman 1 FULLENKAMPN HNSONBLOBE LLP DAILY RECORD ]OHNSON&BELLER LLP 11440 West Center Road Omaha,Nebraska 68144 OF O SANITARY AND IMPROVEMENT JASON W.HUFF DISTRICT NO.563 OF ,Publisher DOUGLAS COUNTY,NEBRASKA PROOF OF PUBLICATION NOTICE NOTICE IS HEREBY.GIVEN that a meeting UNITED STATES OF AMERICA, of the Board of Trustees of Sanitary and The State of Nebraska, Improvement District No. 563 of Douglas SSA County,Nebraska will be held at 11:30 a.m, District of Nebraska, at 11440 West Center Road, Suite C, County COun of Douglas, Omaha,Nebraska,on May 26,2022,which meeting will be open to the public.The agenda City of Omaha, for such meeting,kept continuously current,is available for public inspection at 11440 West Center Road, Omaha, Nebraska and includes JASON W.HUFF and/or NIHLAUS STEWART the payment of bills of the District and the consideration and passing or amending and being duly sworn,deposes and say that they are the passing the following Resolution,to-wit: BE IT RESOLVED that the Board of Trustees PUBLISHER and/or LEGAL EDITOR of Sanitary and Improvement District No. of THE DAILY RECORDOmaha, a legal newspaper,printed and 563 of Douglas County,Nebraska find and. , of determine that it is advisable and necessary! published daily in the Rngliah language, having a bona fide paid for the Districtwith Celebrity Homes, Inc., to enter into a Purchase Agreement circulation in Douglas County in excess of 300 copies, printed in wherein the District will purchase Outlot"K" Omaha,in said County of Douglas,for more than fifty-two weeks last for the total cost of$49,466.36. past;that the printed notice hereto attached was published in THE The outer boundaries of the areas which may become subject to special assessment DAILY RECORD,of Omaha,on for said improvement are proposed to be the 1VIay.12, same as the outer boundaries of Sanitary and Improvement District No. 563 of Douglas County,Nebraska. & 19, 2022 Said Agreement has been reviewed by Lamp Rynearson, engineers for the District and said engineers have filed with the Clerk of the District,prior to the first publication of That said Newspaperduringthat time was regularly published and this Resolution,an estimate of the total costs gular y of said improvement, including engineering in general circulation in the County of Douglas,s,and State of Nebraska. fees,legal fees,fisca fees,interest,and other iI" "r miscellaneous costs,which estimate is in the GENERAL NOTARY-State of Nebraska sum of th 0.0 s �Iln NICOLE M.PALMER To pay the cost of said improvement the Subscribed in my presence and sworn to before Board of Trustees shall have the power to My Comm.E>cp..12 1,2025 th issue negotiable bonds of the District after Publisher's Fee $ me this 19 day of such improvements have been-completed and y accepted; said bonds to be called "Sanitary and Improvement District Bonds"and shall be Additional Copies $ A A . , t & . " 12 payable and bear interest as provided by the Total $113.40 i�,���',�I�„�,�,' `�l Statutes of the State of Nebraska. . . 1 . . The Board of Trustees shall assess to theI extent of:special benefits,the cost of such l No Pub'e in and or ogles County, improvements upon properties specially State of Nebr benefited-thereby. All special assessments which may be levied upon the properties I specially benefited by such improvements shall, when collected,be set aside,and constitute a l sinking fund for the payment of interest and i principal of said bonds.The District shall also cause to be levied annually a tax upon'the i assessed value of all of the taxable property l in the District except intangible property,which together with said sinking fund derived from special assessments shall be sufficient to meet • payment of the interest and principal of said bonds as the same become due;said tax shall be known as the Sanitary and Improvement District Tax and shall be,payable annually in money. If a petition opposing this Resolution,signed by property owners representing a majority of 1 the front footage which may become subject to; assessment for the cost of the improvements as set forth herein,is filed with the Clerk of the District within three(3)days before the date of I the hearing on this Resolution,this Resolution shall not be passed. SANITARY AND IMPROVEMENT DISTRICT NO.563 OF DOUGLAS COUNTY,NEBRASKA By:Chad Larsen� Chairman • / . ACKNOWLEDGMENT OF RECEIPT OF NOTICE OF MEETING The undersigned Trustees of Sanitary and Improvement District No. 563 of Douglas County, Nebraska do hereby acknowledge receipt of advance notice of a meeting of the Board of Trustees of said District and the agenda for such meeting held at 11:30 a.m. on May 26, 2022, 2021, at 11440 West Center Road, Suite C, Omaha, Nebraska. DATED: May 26, 2022 Loren Johnson son `,,_....... .4fri/k-Z , Fia yBer Terry ies Je St 1 /11/ Steven Hecker Mandy Anderson From: Mandy Anderson Sent: Wednesday, May 4, 2022 2:53 PM To: katherine.foote@cityofomaha.org Subject: SID 563: Meeting Notice FULLENKAMP, JOBEUN, JOHNSON & BELLER LLP 11440 WEST CENTER ROAD OMAHA, NEBRASKA 68144 SANITARY AND IMPROVEMENT DISTRICT NO. 563 OF DOUGLAS COUNTY, NEBRASKA NOTICE NOTICE IS HEREBY GIVEN that a meeting of the Board of Trustees of Sanitary and Improvement District No. 563 of Douglas County, Nebraska will be held at 11:30 a.m. at 11440 West Center Road, Suite C, Omaha, Nebraska, on May 26, 2022, which meeting will be open to the public. The agenda for such meeting, kept continuously current, is available for public inspection at 11440 West Center Road, Omaha, Nebraska and includes the payment of bills of the District and the consideration and passing or amending and passing the following Resolution Mandy M. Anderson _ Office:402-334-0700 Direct Dial:402-691-5263 e`` Et 11 1,1-N\ANW jOlit'UN JOt!Ns(1N&: lit t.t ER 1.ft 11440 West Center Road,Suite "C" Omaha, NE 68144 1 CERTIFICATE The undersigned being Clerk of Sanitary and Improvement District No. 563 of Douglas County, Nebraska hereby certifies that Notice of a Meeting of the Board of Trustees of said District held on May 26, 2022, 2021 was given to the City Clerk of Omaha at least seven days prior to the date of said meeting. The undersigned further certifies that the agenda for the meeting of the Board of Trustees of said District was prepared and available for public inspection at the address designated in the notice of meeting published in the Daily Record on May 12, 2022 and May 19, 2022, and that no items were added to the agenda after the commencement of the meeting; and further, that the minutes for the meeting were available for public inspection within ten (10) days of the date of said meeting and that a copy of the minutes of this meeting were sent to the City Clerk of Omaha, Nebraska within thirty days from the date of eeting. Ran aker, Clerk CERTI FICATE The undersigned Clerk of Sanitary and Improvement District No. 563 of Douglas County, Nebraska does hereby certify that notice was posted in three conspicuous places within the District with regard to the Resolutions of Necessity for the Sale and Purchase Agreement for Outlot K, Lakeview 168. nd aker, Clerk ..11AGsN F7P9 r(of ‘i Oed ;UAGSN ACCOUNTANTS+ADVISORS May 10, 2022 Sanitary and Improvement District No.563 of Douglas County, Nebraska do Fullenkamp, Jobeun, Johnson & Beller 11440 West Center Road Omaha, NE 68144 Dear Sir/Madam: We are pleased to confirm our understanding of the services we are to provide Sanitary and Improvement District No. 563 of Douglas County, Nebraska for the year ended June 30, 2022. Audit Scope and Objectives We will audit the financial statements of the governmental activities and the disclosures,which collectively comprise the basic financial statement of Sanitary and Improvement District No. 563 of Douglas County, Nebraska as of and for the year ended June 30, 2022. Accounting standards generally accepted in the United States of America (GAAP) provide for certain required supplementary information (RSI) to supplement Sanitary and Improvement District No. 563 of Douglas County, Nebraska's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to Sanitary and Improvement District No. 563 of Douglas County, Nebraska's RSI in accordance with auditing standards generally accepted in the United States of America (GAAS). These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries,the basic financial statements,and other knowledge we obtained during our audit of the basic financial statements.We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient appropriate evidence to express an opinion or provide any assurance.The following RSI is required by GAAP and will be subjected to certain limited procedures but will not be audited: 1. Schedule of revenues, expenditures and changes in fund balance—budget to actual. We have also been engaged to report on supplementary information other than RSI that accompanies Sanitary and Improvement District No. 563 of Douglas County, Nebraska's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with GAAS, and 16910 Marcy Street,Suite 103,Omaha,NE 68118 I (402)334-9011 I agsn.com Sanitary and Improvement District No. 563 of Douglas County, Nebraska c/o Fullenkamp, Jobeun, Johnson & Beller May 10, 2022 Page 2 we will provide an opinion on it in relation to the financial statements as a whole in a report combined with our auditor's report on the financial statements: 1. Information required by section 31-740, revised statute of Nebraska, 2016. 2. Summary of taxes receivable 3. Trustees and related bonds The objectives of our audit are to obtain reasonable assurance as to whether the financial statements as a whole are free from material misstatement, whether due to fraud or error; issue an auditor's report that includes our opinion about whether your financial statements are fairly presented, in all material respects, in conformity with GAAP; and report on fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individual or in the aggregate, they would influence the judgment of a reasonable user made based on the financial statements. The objectives also include reporting on internal control over financial reporting and compliance with provisions of laws, regulations, contracts, and award agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. Auditor's Responsibilities for the Audit of the Financial Statements We will conduct our audit in accordance with GAAS and the standards for the financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of your accounting records of Sanitary and Improvement District No.563 of Douglas County,Nebraska and other procedures we consider necessary to enable us to express such opinions.As part of an audit in accordance with GAAS and Government Auditing Standards, we exercise professional judgment and maintain professional skepticism throughout the audit. We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall'presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2)fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of waste and abuse is subjective, Government Auditing Standards do not expect auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to provide reasonable assurance of detecting waste or abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions there is an unavoidable risk that some material misstatements may not be detected by us, even though the audit is properly planned and Sanitary and Improvement District No. 563 of Douglas County, Nebraska do Fullenkamp, Jobeun, Johnson & Beller May 10, 2022 Page 3 performed in accordance with GAAS and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However,we will inform the appropriate level of management of any material effect on the financial statements. However,we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that comes to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engagement as auditors. We will also conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the government's ability to continue as a going concern for a reasonable period of time. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, tests of the physical existence of inventories, and direct confirmation of receivables and certain assets and liabilities by correspondence with selected customers, creditors, and financial institutions. We will also request written representations from your attorneys as part of the engagement. We may,from time to time and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguard to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third party service provider. Furthermore,we will remain responsible for the work provided by any such third-party service providers. Our audit of financial statements does not relieve you of your responsibilities. Audit Procedures—Internal Control We will obtain an understanding of the government and its environment, including internal control relevant to the to the audit, sufficient to identify and assess the risks of material misstatements of the financial statements,whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. Tests of controls may be performed to test the sufficient and appropriate to provide a basis for our opinions. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve r Sanitary and Improvement District No. 563 of Douglas County, Nebraska c/o Fullenkamp, Jobeun, Johnson& Beller May 10, 2022 Page 4 collusion, forgery, intentional omissions, misrepresentation, or the override of internal control. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses.Accordingly,we will express no such opinion. However,during the audit,we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of Sanitary and Improvement District No. 563 of Douglas County, Nebraska's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the object of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Other Services We will also assist in preparing the financial statements and related notes of Sanitary and Improvement District No. 563 of Douglas County, Nebraska in conformity with U.S. generally accepted accounting principles based on information provided by you. In addition,we will assist in the preparation of the District's budget documents. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We, in our sole professional judgment, reserve the right to not perform any procedures or take any action that could be construed as assuming management responsibilities. You agree to assume all management responsibilities relating to the financial statements and related notes and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and related notes and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferable from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. Responsibilities of Management for the Financial Statements Our audit will be conducted on the basis that you acknowledge and understand your responsibility for designing,implementing,establishing,and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement,whether due to fraud or error, and for evaluating and monitoring ongoing activities to help ensure that appropriate goals and objects are met; following laws and regulations; and ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles, for the preparation and fair presentation of the financial statements and all accompanying information in conformity with accounting principles generally accepted in the United States of America, and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Sanitary and Improvement District No. 563 of Douglas County, Nebraska c/o Fullenkamp, Jobeun, Johnson & Beller May 10, 2022 Page 5 Management is responsible for making all financial records, and related information available to us and for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers). You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related-party relationships and transactions, and other matters; (2)additional information that we may request for the purpose of the audit; and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements; compliance with laws, regulations contracts, and grant agreements; and other responsibilities required by GAAS and Government Auditing Standards. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole. You are responsible for the design and implementation of programs and controls to prevent the detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, or contracts or grant agreements that we report. You are responsible for the preparation of the supplementary information,which we have been engaged to report on, in conformity with accounting principles generally accepted in the United States of America (GAAP). You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that incudes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP;(2)you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3)the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations.Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Scope and Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from 6 Sanitary and Improvement District No. 563 of Douglas County, Nebraska do Fullenkamp, Jobeun, Johnson & Beller May 10, 2022 Page 6 those audits, attestation engagements, performance audits, other studies. You are also responsible for providing management's views on our current findings, conclusions,and recommendations, as well as your planned corrective actions for the report, and for the timing and format for providing that information. You agree to assume all management responsibilities relating to the financial statements and related notes and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and related notes and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designation an individual with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept the responsibility for them. Engagement Administration, Fees and Other Our fees for services will be at our regular per diem rates. Lori Holloway is the engagement partner and will work with the engagement team of Tom Schwaller and Andrew Cassidy. Lori is responsible for signing the reports or authorizing another individual to sign them. The audit documentation for this engagement is the property of AGSN, P.C. and constitutes confidential information. However, subject to applicable laws and regulations audit documentation and appropriate individuals will be made available upon request and in a timely manner to Sanitary and Improvement District No. 563 of Douglas County, Nebraska or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for the purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities.We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of AGSN, P.C. personnel. Furthermore, upon request,we may provide copies of selected audit documentation to the aforementioned parties These parties may intend or decide to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date. Reporting We will issue a written report upon completion of our audit of Sanitary and Improvement District No. 563 of Douglas County, Nebraska's financial statements. Our report will be addressed to The Board of Trustees of Sanitary and Improvement District No. 563 of Douglas County, Nebraska. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add a separate section, or add an emphasis-of-matter or other-matter paragraph to our auditor's report, or if necessary, withdraw from this engagement. If our opinions are other than unmodified,we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or we may withdraw from this engagement. Sanitary and Improvement District No. 563 of Douglas County, Nebraska c/o Fullenkamp Jobeun, Johnson & Beller May 10, 2022 Page 7: - , , We will also provide a report(that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and on compliance and other matters, will state (1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance, and the results of that testing, ant to provide an opinion on the effectiveness of the entity's internal control on compliance, and(2)that the report is an integral part of an audit performed in according with Government Auditing Standards in considering the entity's internal control and compliance.The report will also state that the report is not suitable for any other purpose. If during our audit we become aware that Sanitary and Improvement District No. 563 of Douglas County, Nebraska is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to the management and those charged with governance that an audit in accordance with U.S.generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. We appreciate the opportunity to be of service to Sanitary and Improvement District No. 563 of Douglas County, Nebraska and believe this letter accurately summarizes the significant terms of our engagement. If you.have any questions,please let us know. If you agree with the terms of our engagement as described int his letter, please sign the attached copy and return it to us. Very truly yours, .4 5,/ i/ /0.c. AGSN, P.C. RESPONSE: This letter correctly sets forth the understanding of Sanitary and Improvement District No. 563 of Douglas County, Nebraska. Signature: Title: #-AA.,a, Date ' LAMP RYNEARSON VIA Email 14710 W.Dodge Rd.,Ste.100 May 6,2022 Omaha,NE 68154 [P]402.496.2498 [F]402.496.2730 LampRynearson.com Chairman and Board of Trustees Sanitary and Improvement District No.563 of Douglas County,Nebraska c/o Mr. Mark Johnson,Attorney Fullenkamp Jobeun Johnson&Beller LLP 11440 West Center Road,Suite C Omaha,NE 68144 REFERENCE: S.I.D. No. 563(Lakeview 168) Sidewalks and Trails,Section 1 Job No.0118139.11-052 Dear Members of the Board: Enclosed please find the following documents relating to the above-referenced project. 1. Vicinity Map. 2. Engineer's estimate and general description of the work to be performed for your convenience in preparing the Resolution of Necessity and the Notice to Contractors. We would like to have the time of the bid opening set at 4:30 P.M. at our office. Please send us a copy of the Notice to Contractors when it is published,showing the exact date. Complete digital project bidding documents are available online for viewing or purchase.Go to www.Lamp Rynearson.com and select QUESTCDN at the bottom of the page or contact www.questcdn.com and use the Project Search page. Plan sets can be downloaded for$20.00 at either site utilizing Quest eBidDoc#8187821. Contact QuestCDN at 952-233-1632. or info@questcsIkcorn for assistance if needed. An optional paper set of bidding documents may be obtained from the Engineer upon pre-payment by cash, check, or using prepaid account with Engineer of$50.00 if picked up and $60.00 if mailed(both non-refundable).Contractor must give 24-hour notice to Engineer when picking up paper sets. Sincerely, LAMP RYNEARSON f` e r 3 t C{aleb Van Weelden,P.E. Senior Project Engineer Enclosures c w/enc: Loren Johnson kmp\L:\Engineering\0118139 Ida and 168th\DOCUMENTS\PHASE 2\ADVERTISING AND ADDENDUMS\TRAIL\ADV 220506.docx U �� �� �� �� "" P R " N E A R °� �� �� ' AN May6,2022 14710VK Dodge Rd,Ste. 1OO Omaha,NE68154 ' [P]4O2.4q82408 - [F]4O2406.273p Chairman and Board of Trustees Lamp Ayneamon.com Sanitary and improvement District No. S63 of Douglas Nebraska ! ` ~ . � C/o Mr. Mark Johnson,Attorney Ful.lenkampJoheun Johnson&Bo|lerLLP * 1144O West Center Road,Suite C Omoha, NE68l44 REFERENCE: 3].D. No. 563Ankevimwl6A ' ' ' - ' - `Sidewalks and Trails,Section 1 Job No. O11Ul3Q.11-052 Dear Members of the Board: � The following iu our Engineer o estimate of the quantities and our opinion of probable total project 0001fonthe above-referenced project. - ITEM APPROXIMATE UNIT '-- 'NO. 0U0U��DE��R|PT�N � ��|�E l[OT�L—'- _ / QUANTITY ' �..' ' ' r ^ REMOVALS ' - '- --------- l. MOBILIZATION l LS Ei5O0.�0 --l� ' ` 2. CLEARING l LS 2�O00.O0 '-20O0�U- _ - 3. REMOVE CONCRETE VVASHOUTAREA 1 LS �00O.00 -- ,0O]3O_ GRADING.AND EROSION CONTROL EARTHWORK EXCAVATION 'ESTABLISHED - - '-- - ~—' /i QUANTITY 21010 CY 10.00 20.100.00 STRIP,STOCKPILE,AND RESPREADTOPSOIL S. ' ESTABLISHED QUANTITY(4OUDOYX9) 0L000 CY 2.00 16,000.00 ' 6. ADJUST UTILITY BOX TO GRADE 1 EA 5,000.00 5,000.00 7. CONSTRUCT SILT FENCE 230 LF 3.50 805.00 8. CLEANOUT SILT FENCE 230 LF 1.50 345.00 Q. REMOVE SILT FENCE 230 LF 1.00 230.00 PAVING - 10. CONSTRUCTh"PCC TRAIL WITH FIBER MESH 12,500 8F 12.00 150,000.00 11. CONSTRUCT 5"PCOSIDEWALK 2,800 SF 8[00 2�40U.00 ' 12. CONSTRUCT 7"PCC CURB RAMP 100 SF 20.00 �` �_'_ .- U ` - 13. CONSTRUCT 7" POC IMPRINTED SURFACE 200 8F 16.00 3,200.00 14` CON STRUCT DETECTABLE WARNING PANEL 40 8F 40.00 1.500.00 " 15. 24" PREFORN1ED CROSSWALK TAPE 180 LF 10.00 1,800.00 L \/|�(] �� �� ��� S.I.D. No.563(Lakeview 168) Sidewalks and Trails,Section 1 Job No.0118139.11-052 May 6,2022 Page 2 ITEM APPROXIMATE UNIT NO. BID ITEM DESCRIPTION QUANTITY PRICE TOTAL LANDSCAPING 16. INSTALL SEEDING-NRD MIX 2 AC 5,000.00 10,000.00 TOTAL ESTIMATED CONSTRUCTION COST $245,980.00 ESTIMATED ENGINEERING,TESTING, LEGAL, FINANCING, PUBLICATION AND MISCELLANEOUS COSTS $95,967.13 TOTAL ESTIMATED PROJECT COST $341,947.13 The area subject to special assessments for the subject improvements shall be the same as the outer boundaries of the District. Sincerely, LAMP RYNEARSON I t i """ Caleb Van Weelden, P.E. Senior Project Engineer LAMP RYNEARSON May 6,2022 14710 W.Dodge Rd.,Ste.100 Omaha,NE 68154 [P]402.496.2498 [Ej 402.496.2730 Chairman and Board of Trustees LampRynearson.com Sanitary and Improvement District No. 563 of Douglas County, Nebraska c/o Mr. Mark Johnson,Attorney Fullenkamp Jobeun Johnson& Beller LLP 11440 West Center Road,Suite C Omaha, NE 68144 REFERENCE: S.I.D. No. 563 (Lakeview 168) Sidewalks and Trails,Section 1 Job No. 0118139.11-052 Dear Members of the Board: The following is a general description of the work to be performed for the above-referenced project. N HWS Cleveland Blvd, 170TH Avenue, 169th Street— Commencing at a point 2 feet east and 159 feet south of the southwest corner of Lot 13;thence eastly a 10-foot wide 6"thick P.C.C.Trail 10,987 feet to a point 11 feet west and 87 feet south of the southeast corner of Lot 104. 169th Street,Kansas Avenue,168th Street—Commencing at a point 91 feet south and 27 feet east of southeast corner of Lot 104;thence eastly a 5-foot wide 5"thick P.C.C. Sidewalk 3,732 feet to a point 550 feet east and 92 feet south of the southeast corner of Lot 104. Sincerely, LAMP RYNEARSON I /1 i fir/ t, Caleb Van Weelden, P.E. Senior Project Engineer Wyyr.ry:n,•w....:rA..... M.Tv t4WnAR,0,n1y.w.M.N.yrNn MI.y ON ALL\MOM[N N en M d O -�OOi „mC[n 0 gH; IHI 2 - - 9 l' 'n' R� m Rini-F. `9 h oR � g 8 �^ 1 gA ' R 3 a 11 "' _ • >gno ':IIma I.=svo _ • P'a g �T: 1 fi i of -- ' e x o r _ F a \ l.. tnra ccEVEI ratan atva— N a, r Fop 54 ro I r •-y \ \R.. ! II -- " . . ., ,',i,,, 8 : „ . ... .a.„.„A .i, , : „, ...,. .. sr?„,,, . . ,,, ,p 11 11„11.1... g ' ...! ,... ./: , g R' '?'e''''''1 1,!..!'.:.' , 6 : \. ,.,.• %• • • i :.. . , . / A:, b §" ors i 5 i*: 3 .A .• L g ® o t>rx • i Z T 11 1I i•.. iiTT - b 1 Cl t0 N 1 r ', ' I. ' NM l: ' t l'i. .' 180T}3 S' I '. MI'. .:, .. , - ' . - • m 198TH 9TRE� .... • u o g m • ! E <. a ' 1 Y !� , ?L� � i n m m a F,,,,,... 1,,, . :,,, 1 \ •;„ ! 12 E I I / ! ! I I xg • I \ ! 16.1 m 6.1 TRAIL A ,. E nC> �, mT 1 .alq Z3 . 4 R r • VICINITY MAP £i 2' G_ „ r;o f,e 96.8,`ei I Z 4 1...1 > ,I O �e9�i8laai xi g N v '14' -'' LAKEVIEW 168 - PHASE 2 TRAIL $ I C OILAII � € OMAHA, DOUGLAS COUNTY, NEBRASKA A NOTICE TO CONTRACTORS SANITARY AND IMPROVEMENT DISTRICT NO. 563 OF DOUGLAS COUNTY, NEBRASKA Sealed proposals will be received at the office of LAMP RYNEARSON 14710 WEST DODGE ROAD, SUITE 100, OMAHA, NEBRASKA, 68154, until 4:30 P.M., on the 9th day of JUNE 2022. for furnishing all labor, tools, materials, and equipment required to construct SIDEWALKS AND TRAILS, SECTION I, for Sanitary and Improvement District No. 563, Douglas. County, Nebraska, as per the plans and specifications for said work, and at the locations shown on the detailed drawings and in the specifications available for online download through QuestCDN at www.questcdn.com or at the office of Lamp Rynearson Proposals, as received, will at that time be publicly opened, read aloud, and tabulated. The work consists essentially of the following estimated quantities: APPROXIMATE QUANTITIES ITEM APPROXIMATE NO. BID ITEM DESCRIPTION QUANTITY REMOVALS 1. MOBILIZATION 1 LS 2. CLEARING AND GRUBBING GENERAL 1 LS. 3. REMOVE CONCRETE WASHOUT AREA 1 LS GRADING AND EROSION CONTROL 4. EARTHWORK EXCAVATION - ESTABLISHED QUANTITY 2,010 CY STRIP, STOCKPILE, AND RESPREAD TOPSOIL - ESTABLISHED _ 5. QUANTITY (4000 CY X 2) 8,000 CY 6. ADJUST UTILITY BOX TO GRADE 1 EA 7. CONSTRUCT SILT FENCE 230 LF 8.` CLEANOUT SILT FENCE 230 LF 9. REMOVE SILT FENCE 230 LF PAVING 10. CONSTRUCT 6" PCC TRAIL WITH FIBER MESH 12,500 SF 11 CONSTRUCT 5" PCC SIDEWALK 2,800 SF 12. CONSTRUCT 7" PCC CURB RAMP 100 SF 13. CONSTRUCT 7" PCC IMPRINTED SURFACE 200 SF 14. CONSTRUCT DETECTABLE WARNING PANEL 40 SF 15. 24" PREFORMED CROSSWALK TAPE 180 LF LANDSCAPING 16. INSTALL SEEDING - NRD MIX 2 AC The amount of the engineer's estimate of cost of said improvements (exclusive of engineering, fiscal, legal, interest, and miscellaneous costs) is $245,980.00 All proposals must be submitted on bid forms furnished by Lamp Rynearson and must be accompanied by a bid bond or a certified check in the amount not less than TWELVE THOUSAND THREE HUNDRED NO/100 DOLLARS ($12,300.00) payable without condition to the Treasurer of Sanitary and Improvement District No. 563, as security that the bidder to whom the contract may be awarded will enter into a contract to build the improvements in accordance with this Notice to Contractor and will give a contract and maintenance bond in the amount of 100% of the total contract price, all as provided in the specifications. Bid bonds must be executed by a duly licensed corporate surety. Checks accompanying proposals not accepted shall be returned to the bidders. No bidder may withdraw his proposal for a period of THIRTY (30) days after date set for opening of bids. All proposals must be enclosed in an envelope, sealed and addressed to the Clerk of Sanitary and Improvement District No. 563 and shall be marked "PROPOSAL FOR SIDEWALKS AND TRAILS, SECTION I" with the bidder's name and address on said envelope. The Bid Security shall be in a separate sealed envelope attached to the proposal envelope and shall be marked "BID SECURITY" with the project identified thereon. Proposals received after the above time shall be returned unopened to the bidder submitting the proposal. The work herein provided shall be done under written contract with the responsible bidder submitting the lowest acceptable bid in accordance with the requirements of the plans and specifications and as provided by law. Plans, specifications, and contract documents governing the above-referenced proposal as prepared by Lamp Rynearson 14710 West Dodge Road, Suite 100, Omaha, Nebraska are hereby made a part of this notice. The proposed contract shall be executed in compliance therewith. Complete digital project bidding documents are available online for viewing or download purchase. Open www.LampRynearson.com and select QUESTCDN at the bottom of the page or open www.questcdn.com and use the Project Search page. Plan sets can be downloaded and saved for $20.00 at either site utilizing eBidDocTM #8187821. Contact QuestCDN at 952-233-1632 or info Ca7questcdn.com for assistance if needed. An optional paper set of bidding documents may be obtained from the Engineer upon pre- payment by cash, check, or using prepaid account with Engineer of $50.00 if picked up and $60.00 if mailed (both non-refundable). Contractor must give 24-hour notice to Engineer when picking up paper sets. Sanitary Improvement District 563 of Douglas County, Nebraska reserves the right to reject any or all bids received and to waive informalities and irregularities. SANITARY & IMPROVEMENT DISTRICT NO. 563 OF DOUGLAS COUNTY, NEBRASKA By: LOREN JOHNSON, CLERK Dates of Publication: 5/19/2022, 5/26/2022, and 6/2/2022 FULLENKAMP JOBEUN JOHNSON & BELLER LLP 11440 WEST CENTER ROAD OMAHA, NEBRASKA 68144 SANITARY AND IMPROVEMENT DISTRICT NO. 563 OF DOUGLAS COUNTY, NEBRASKA NOTICE NOTICE IS HEREBY GIVEN that a meeting of the Board of Trustees of Sanitary and Improvement District No. 563 of Douglas County, Nebraska will be held at 11:30 A.M. at 11440 West Center Road, Suite C, Omaha, Nebraska, on June 23, 2022, which meeting will be open to the public. The agenda for such meeting, kept continuously current, is available for public review at 11440 West Center Road, Omaha, Nebraska and includes the payment of bills of the District and the consideration and passing or amending and passing the following Resolution, to- wit: BE IT RESOLVED that the Board of Trustees of Sanitary and Improvement District No. 563 of Douglas County, Nebraska find and determine that it is advisable and necessary for the District to provide sidewalk and trail improvements within the boundaries of the District, said improvement to be designated as Sidewalks and Trails, Section 1, and shall be constructed as follows: The following is a general description of the work to be performed for the above referenced project. N HWS Cleveland Blvd, 170TH Avenue, 169th Street—Commencing at a point 2 feet east and 159 feet south of the southwest corner of Lot 13; thence eastly a 10-foot wide 6"thick P.C.C. Trail 10,987 feet to a point 11 feet west and 87 feet south of the southeast corner of Lot 104. 169th Street, Kansas Avenue, 168th Street—Commencing at a point 91 feet south and 27 feet east of southeast corner of Lot 104; thence eastly a 5-foot wide 5 thick P.C.C. Sidewalk 3,732 feet to a point 550 feet east and 92 feet south of the southeast corner of Lot 104. Plans and Specifications for said improvement have been prepared by Lamp Rynearson, engineers for the District and said engineers have filed with the Clerk of the District, prior to the first publication of this Resolution, an estimate of the total costs of said improvement, including engineering fees, legal fees, fiscal fees, interest, and other miscellaneous costs, which estimate is in the sum of$341,947.13. To pay the cost of said improvement the Board of Trustees shall have the power to issue negotiable bonds of the District after such improvements have been completed and accepted; said bonds to be called "Sanitary and Improvement District Bonds" and shall be payable and bear interest as provided by the Statutes of the State of Nebraska. The Board of Trustees shall assess to the extent of special benefits, the cost of such improvements upon properties specially benefitted thereby. All special assessments which may be levied upon the properties specially benefitted by such improvements shall, when collected, be set aside, and constitute a sinking fund for the payment of interest and principal of said bonds. "EXHIBIT A" The District shall also cause to be levied annually a tax upon the assessed value of all of the taxable property in the District except intangible property, which together with said sinking fund derived from special assessments shall be sufficient to meet payment of the interest and principal of said bonds as the same become due; said tax shall be known as the Sanitary and Improvement District Tax and shall be payable annually in money. If a petition opposing this Resolution, signed by property owners representing a majority of the front footage which may become subject to assessment for the cost of the improvements as set forth herein, is filed with the Clerk of the District within three (3) days before the date of the hearing on this Resolution, this Resolution shall not be passed. SANITARY AND IMPROVEMENT DISTRICT NO. 563 OF DOUGLAS COUNTY, NEBRASKA By: Loren Johnson, Chairman Randy Baker, Clerk Dates of Publication: 6/9/2022 and 6/16/2022 LAMP RYNEARSON VIA Email 14710 W.Dodge Rd.,Ste. 100 May 24,2022 Omaha,NE 68154 [P]402.496.2498 [F]402.496.2730 LampRynearson.com Chairman and Board of Trustees Sanitary and Improvement District No. 563 of Douglas County,Nebraska c/o Mr.Mark Johnson,Attorney Fullenkamp Jobeun Johnson&Beller LLP 11440 West Center Road,Suite C Omaha,NE 68144 REFERENCE: S.I.D. No. 563(Lakeview 168) Southwest Corner of 168th&Ida Streets—Interlocal Cost Share Job No.0118139.01-004 Dear Members of the Board: This is to advise you we have reviewed the Interlocal Agreement for improvements to the intersection of 168th Street and Ida Street between Douglas County,S.I.D.No.563(Highland Hills/Lakeview 168),S.I.D.No.567(Anchor Pointe), and Camp Legacy Place. We find the costs to be a reasonable and necessary expense of the District per the Interlocal Agreement. The following is our estimate of the total cost which the District might be expected to incur for this cost. Amount to be paid to Douglas County,for SID 563's share of 168th Street and Ida Street Improvement Costs $1,207,368.67 Estimated Engineering Design and Construction Administration Testing $260,573.06 Estimated Miscellaneous,Legal,Publication,Financing and Interest Costs $293,558.28 TOTAL ESTIMATED SID 563 PROJECT COST $1,761,500.00 Please call if you have any questions. Sincerely, LAMP RYNEARSON Plilllohn E.Coolidge,P.E. Vice President Enclosure kmp\L:\Engineering\0118139 Ida and 168th\DOCUMENTS\168th Street\LETTERS\LTR MJohnson 168th&Ida Interlocal 220524.docx Leaving a Letcy INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement (this "Agreement") is made and entered into by and among THE COUNTY OF DOUGLAS, NEBRASKA (hereinafter referred to as "Douglas County"), SANITARY AND IMPROVEMENT DISTRICT NO. 563 OF DOUGLAS COUNTY, NEBRASKA (hereinafter referred to as "SID 563"), and SANITARY AND IMPROVEMENT DISTRICT NO. 567 OF DOUGLAS COUNTY, NEBRASKA (hereinafter referred to as "SID 567") (hereinafter referred from time to time individually as a "Party" and collectively as the "Parties"). PRELIMINARY STATEMENT SID 563 and SID 567 are presently undertaking the development of that certain real property which is generally located adjacent to the intersection of 168th Street and Ida Street in Omaha, Douglas County, Nebraska. It is in the best interest and would be mutually advantageous to Douglas County, SID 563, and SID 567 to improve,pursuant to this Agreement, that portion of intersection of 168th Street and Ida Street as shown on the improvement plan attached hereto as Exhibit"B"and incorporated herein by this reference. Included in this project will be the widening of right-of-way, grading, installation/construction of pavement, traffic signal construction/installation, relocation of utilities, and related improvements (collectively, the "Improvements"). NOW, THEREFORE, in consideration of the covenants herein set forth, the Parties do hereby agree and contract with each other as follows: 1. No Administrative Entity. There shall be no separate legal or administrative entity created to administer this Agreement, and, therefore, no separate budget established for such an entity. 2. Plans and Design. SID 567 will contract with E&A Consulting Group, Inc. (the "Project Engineer"),registered engineers in the State of Nebraska, for the preparation of plans and specifications for the construction of the improvements.The final plans and specifications shall be subject to approval by each of the Parties hereto which approval shall not be unreasonably withheld, conditioned or delayed. Construction administration and construction management shall be performed by Project Engineer. Douglas County shall be responsible for the bid letting process. After bids have been received, in the event the low bid exceeds the estimated cost by ten percent (10%) or more, the Parties hereto shall meet to determine whether it would be in the Parties' best interests to rebid the project or award the contract as bid. 3. Right-of-Way. All right-of-way or easements deemed necessary for the construction of this project located within the boundaries of SID 563 and SID 567 will be provided by the Parties at no cost. All other right-of-way or easements deemed necessary for this project shall be obtained by Douglas County, at the sole cost and expense of Douglas County. Douglas County Project No. C-28 (512) 168th and Ida Intersection Improvements Page 1 of 7 4. Construction. Douglas County agrees to cause the Improvements to be constructed in accordance with the plans and specifications approved by the Parties hereto in accordance with Section 2, above, and construction administration and construction management shall be performed by Project Engineer on behalf of Douglas County. During the course of construction of the Improvements, all Parties may at any time cause inspection of the work to ensure compliance with the final plans and specifications. The Parties agree that Douglas County will own, operate, and at its cost, maintain the Improvements upon completion. 5. Payment of Construction Costs. All construction, engineering, design, staking and construction management and miscellaneous costs for the Improvements shall be paid for by the Parties in accordance with the Estimated Costs and Allocation exhibit attached hereto as Exhibit "A". Percentages have been determined as follows: SID 563 shall pay 44.4% of the costs of the Improvements, SID 567 shall pay 22.3% of the costs of the Improvements and Douglas County shall pay 3 3.3% of the Improvements, all after taking into account a one-time payment in the amount of$75,350.00 from Camp Legacy Place, the property owner on the southeast corner of 168th and Ida Streets, pursuant to that certain Development Agreement by and among Douglas County, SID 563 and Camp Legacy LLC dated on or about March 20, 2015. Prior to "Project Bid" to a contractor, Douglas County will invoice SID 563 and SID 567 for a sum equal to one-half(1/2)of SID 563 and SID 567's respective percentage costs hereunder, all as set forth on Exhibit"A" attached hereto and incorporated herein by this reference. SID 563 and SID 567 shall pay such amount to Douglas County prior to the "Award of Contract." If the project is cancelled or reduced in scope, Douglas County shall reimburse SID 563 and SID 567 equal to their overpayment amount. Douglas County shall pay the contractor, supplier, and other persons or entities for the Total Costs of constructing the Improvements. Upon commencement of construction of the Improvements,Douglas County shall submit periodic statements to SID 563 and SID 567 for their remaining shares of the cost of the Improvements (after utilizing the payments made by SID 563 and SID 567 upon award of contract, the amount of Douglas County's corresponding share). SID 563 and SID 567 shall pay Douglas County based upon such statement within thirty(30)days after receipt of such periodic statement. Upon completion of the Improvements, Douglas County shall submit a final pay request to SID 563 and SID 567 setting forth a breakdown of the Total Costs for the Improvements and SID 563 and SID 567 shall pay Douglas County its respective sum within thirty (30) days after receipt of such payment requests. 6. Purpose of Agreement;Timing of Work. It is the mutual desire and intention of the Parties that the Improvements shall be completed in a timely manner. Accordingly, the Parties hereby agree to cooperate with each other and make reasonable, good faith efforts to perform their obligations hereunder in a timely manner so as to achieve completion of all of the improvements contemplated by the Agreement. It is agreed that construction of the Improvements will commence in a timely manner. It is currently anticipated that the improvements will be constructed in the 2025 construction season. Douglas County Project No. C-28 (512) 168th and Ida Intersection Improvements Page 2 of 7 7. Records. Douglas County shall maintain records of all construction costs incurred in connection with the Improvements.SID 563 and SID 567 shall have the right to audit and review such records at any time to assure that such records are accurate. 8. Duration. This Agreement shall continue until such time as the Improvements to be performed by Douglas County pursuant to this Agreement have been completed and all sums owed have been fully-paid pursuant to the terms hereof, unless this Agreement is terminated sooner by the written agreement of all Parties hereto. 9. Appointment of Administrators. The Douglas County Engineer shall administer this contract on behalf of Douglas County. Project Engineer shall administer this contract on behalf of SID 567. Lamp Rynearson shall administer this contract on behalf of SID 563. 10. Nondiscrimination Clause. In accordance with the Nebraska Fair Employment Practice Act, Neb. Rev. Stat. 48-1122, all Parties to this agreement agree that they nor any of their subcontractors or agents shall discriminate against any employee, or applicant for employment to be employed in the performance of this agreement, with respect to hire, tenure, terms, conditions, or privileges of employment because of the race, color, religion, sex, disability, or national origin of the employee or applicant. 11. Drug Free Policy. All Parties to this agreement assure to each other that they have established and maintain a drug free workplace policy. 12. New Employee Work Eligibility Status (Neb. Rev. Stat. §4-114). All Parties are required and hereby agree to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a,known as the E-Verify Program, or equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of newly hired employees. 13. Amendments. This Agreement may be modified only by written amendment, duly executed by authorized officials of the Parties. No alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Every amendment shall specify the date on which its provisions shall be effective. 14. Conflict of Interest. The Parties warrant to each other that they have not employed nor retained any company or person,other than a bona fide employee working solely for the Parties to this Agreement to solicit or secure this Agreement, and that they have not paid or agreed to pay any company or person other than a bona fide employee working solely for the Parties, any fee, commissions,percentage,brokerage fees,gifts or other consideration,contingent upon or resulting from the award of making of this Agreement. Douglas County Project No. C-28 (512) 168th and Ida Intersection Improvements Page 3 of.7 15. Severability. In the event any portion of this Agreement may be held invalid or unenforceable for any reason, it is agreed that any invalidity or unenforceability shall not affect the remainder of this Agreement and the remaining provisions shall remain in full force and effect, and any court of competent jurisdiction may so modify any objectionable provision of this Agreement so as to render it valid and enforceable. 16. Assignment. No Party may assign its rights, duties or obligations under this Agreement without the prior written consent of the other Party to this Agreement. An assignment without such prior written consent shall be a material breach of this Agreement. 17. Indemnification. Each Party will indemnify, defend and hold harmless the other Party from any and all liability, expense, cost, attorney's fees, claim,judgment, suit and/or cause of action(whether or not meritorious), settlement, or demand for personal injury, death or damage to tangible property which may accrue against the other Party to the extent it is caused by the negligent acts or omissions of the Indemnifying Party, its officers, employees, agents, or subcontractors while performing their duties under this Agreement, provided that the other Party gives the Indemnifying Party prompt, written notice of any such claim, suit, demand or cause of suit, demand or cause of action. These Indemnification provisions are not intended to waive a Party's sovereign immunity. A Party's liability under this Agreement is governed by and limited to the extent provided by the Nebraska Political Subdivision Tort Claims Act or other applicable provisions of law. 18. Choice of Law. Parties to this Agreement shall conform to all existing and applicable city ordinances, resolutions, state and local laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. Venue for any non-federal legal proceeding under this Agreement shall be in the State of Nebraska, District Court of Douglas County and for any federal legal proceeding in the United States District Court for the State of Nebraska located in Omaha Nebraska. 19. Insurance. SID 563 and SID 567 shall maintain throughout the term of this Agreement Commercial General Liability insurance against any and all claims for bodily injury and property damage occurring in, or about the premises arising out of such Party's use and services provided on the premises with limits of not less than One Million Dollars ($1,000,000.00) for each person for any number of claims arising out of a single occurrence and Five Million Dollars ($5,000,000.00) for all claims arising out of a single occurrence and shall provide proof thereof. 20. Entire Agreement. This Instrument and Exhibits contain the entire agreement of the Parties and shall be binding upon the successors and assign of the respective Parties. No amendments, deletions, or additions shall be made to the Agreement except in writing signed by all Parties. Nebraska law shall govern the terms and performances under this Agreement. The provisions of this Section 20 shall survive expiration or termination of this Agreement. [Remainder of Page Left Intentionally Blank; Execution Page Follows.] Douglas County Project No. C-28 (512) 168th and Ida Intersection Improvements Page 4 of 7 IN WITNESS WHEREOF, we the contracting Parties, by our respective duly authorized agents,hereby enter into this Agreement, effective on the day and year affixed hereon. Executed in triplicate on the dates indicated with the signatures below. Executed by Douglas County this day of , 2022. THE COUNTY OF DOUGLAS, NEBRASKA ATTEST By Chairman County Clerk APPROVED AS TO FORM: Deputy County Attorney Douglas County Project No. C-28 (512) 168th and Ida Intersection Improvements Page 5 of 7 Executed by SID 563 this day of , 2022. SANITARY AND IMPROVEMENT DISTRICT NO. 563 OF DOUGLAS, NEBRASKA BY Chairman Clerk Douglas County Project No. C-28 (512) 168th and Ida Intersection Improvements Page 6 of 7 Executed by SID 567 this day of 2022. SANITARY AND IMPROVEMENT DISTRICT NO. 567 OF DOUGLAS, NEBRASKA BY Chairman Clerk Douglas County Project No. C-28 (512) 168th and Ida Intersection Improvements Page 7 of 7 FULLENKAMP, JOBEUN, JOHNSON & BELLER LLP 11440 WEST CENTER ROAD OMAHA, NEBRASKA 68144 SANITARY AND IMPROVEMENT DISTRICT NO. 563 OF DOUGLAS COUNTY, NEBRASKA NOTICE NOTICE IS HEREBY GIVEN that a meeting of the Board of Trustees of Sanitary and Improvement District No. 563 of Douglas County, Nebraska will be held at 11:30 a.m.on June 23,2022,at 11440 West Center Road, Suite C, Omaha, Nebraska, which meeting will be open to the public. The agenda for such meeting, kept continuously current, is available for public review at 11440 West Center Road, Omaha, Nebraska and includes the payment of bills of the District and the consideration and passing or amending and passing the following Resolution, to-wit: BE IT RESOLVED that the Board of Trustees of Sanitary and Improvement District No. 563 of Douglas County, Nebraska find and determine that it is advisable and necessary for the District to enter into an Interlocal Cooperation Agreement for for the 168th and Ida Street Improvements by and between the County of Douglas, Nebraska,Sanitary and Improvement District No.563 of Douglas County,Nebraska, and Sanitary and Improvement District No. 567 of Douglas County, Nebraska, costs pursuant to said agreement. The outer boundaries of the area which may become subject to special assessments for said improvements are proposed to be the same as the outer boundaries of Sanitary and Improvement District No. 563 of Douglas County, Nebraska. Said agreement has been reviewed by Lamp Rynearson, engineers for the District, and said engineers have filed with the Clerk of the District, prior to the first publication of this Resolution, an estimate of the total costs of said improvement, including engineering fees, legal fees,fiscal fees, interest, and other miscellaneous costs, which estimate is in the sum of$1,761,500.00. To pay the cost of said improvement the Board of Trustees shall have the power to issue negotiable bonds of the District after such improvements have been completed and accepted; said bonds to be called "Sanitary and Improvement District Bonds" and shall be payable and bear interest as provided by the Statutes of the State of Nebraska. The Board of Trustees shall assess to the extent of special benefits,the cost of such improvements upon properties specially benefitted thereby. All special assessments which may be levied upon the properties specially benefitted by such improvements shall, when collected, be set aside, and constitute a sinking fund for the payment of interest and principal of said bonds. The District shall also cause to be levied annually a tax upon the assessed value of all of the taxable property in the District except intangible property,which together with said sinking fund derived from special assessments shall be sufficient to meet payment of the interest and principal of said bonds as the same become due; said tax shall be known as the Sanitary and Improvement District Tax and shall be payable annually in money. If a petition opposing this Resolution,signed by property owners representing a majority of the front footage which may become subject to assessment for the cost of the improvements as set forth herein, is filed with the Clerk of the District within three(3)days before the date of the hearing on this Resolution,this Resolution shall not be passed. SANITARY AND IMPROVEMENT DISTRICT NO. 563 OF DOUGLAS COUNTY, NEBRASKA By: Chad Larsen, Chairman Loren Johnson, Clerk Dates of Publication: 6/9/2022 &6/16/2022 EXHIBIT"B" Your Energy Partner" 11564 AHEM MOM MEM HERM UNPIN0428 Page 1 of 6 Omaha Public Power District 8634307908 May 18,2022 $3,783.56CR Customer Name:SID 563 DOUGLAS CO For Customer Service call(402)536-4131. Statement Date:April 28,2022 See back for toll-free number. Service Address Rate Billing Period Usage From To Kilowatt-hours used Billing Demand/kW Current Amount 16600 IDA ST,STLTS Bennington NE Street Light Method 94 N/A N/A $3,728.91 16800 POTTER ST,STLTS Omaha NE Street Light Method 61 N/A N/A $0.00 Total Charges $3,728.91 Previous Balance 7,512.47CR 1.1 Total Amount Due $3,783.56CR Please return this portion with payment Storms can cause extended outages.Prep tips.Greener Together supports environmental initiatives.Read May Outlets. Statement Date:April 28,2022 No Payment Due Account Number Due Dati Total Amount Due 8634307908 May 18,2022 v--/, -(03 r id', 1 A current phone number on our record simplifies outage reporting. Your service address is identified by the phone number: Check Here to indicate name, address or phone IIiI11IIti1ii11,I,l„1111,IiliuIi.iiiii,lilillillilIIIIIIlIu.Iiii changes on back of this statement SID 563 DOUGLAS CO ATTN:JOHN FULLENKAMP 11440 W CENTER RD STE C PO BOX 3995 Your Energy Partner 354288 OMAHA NE 68144-4421 OMAHA NE 68103-0995 Burma Wii/rIM'Mfg `IZIENZEZI Omaha Public Power District 01863430790890000037835600000393272202205182 Your Energy Partner' 11565 mime,-M- li__1111 0428 Page 3 of 6 Omaha Public Power District 8634307908 May 18,2022 $3,783.56CR Customer Name:SID 563 DOUGLAS CO Statement Date:April 28,2022 Billing Information for service address: 16600 IDA ST,STLTS Bennington NE Billing Period From 03-28-2022 To 04-28-2022 @31 Days Summary Usage Summary Usage Rate Current Fuel and Purchased Subtotal Amount Rate Current Fuel and Purchased Subtotal Amount Amount Power Adjustment per Rate Amount Power Adjustment per Rate SL61 $3,456.33 $12.76 $3,659.89 SL94 $65.20 $0.22 $69.02 Sales Tax 190.80 Sales Tax 3.60 Total Charges $3,728.91 Your Energy Partners - 11566 M 11111111 0428 wow= '11111/ Page 5 of 6 Omaha Public Power District . 8634307908 May 18,2022 • $3,783.56CR Customer Name:SID 563 DOUGLAS CO Statement Date:April 28,2022 Billing Information for service address: 16800 POTTER ST,STLTS Omaha NE • Billing Period From 03-28-2022 To 04-28-2022 @31 Days Summary Usage Summary Usage Rate Current Fuel and Purchased Subtotal Amount Rate Current Fuel and Purchased Subtotal Amount Amount Power Adjustment per Rate Amount Power Adjustment •per Rate SL61 $0.00 $0.00 • Total Charges . $0.00 LAMP RYNEARSON VIA Email 14710 W.Dodge Rd.,Ste. 100 Omaha,NE 68154 May 20,2022 [P]402.496.2498 [F]402.496.2730 Chairman and Board of Trustees LampRynearson.com Sanitary and Improvement District No. 563 of Douglas County,Nebraska c/o Mr. Mark Johnson,Attorney Fullenkamp Jobeun Johnson& Beller LLP 11440 West Center Road,Ste C Omaha, NE 68144 REFERENCE: S.I.D. No. 563 (Highland Hills& Lakeview 168) Green Area Maintenance Job No. 0109109.90-396 Dear Members of the Board: Enclosed is Invoice No. 57737, dated May 15, 2022 from Centennial Enterprises Inc., for fertilizing, mowing, trimming,weeding,and trash pick-up performed in the referenced District. We recommend payment be remitted directly to Centennial Enterprises Inc. in the amount of$2,750.00. Sincerely, LAMP RYNEARSON Dave T. c vor,P.E. Construction Engineering Lead Enclosures c: Centennial Enterprises Inc. kls\L:\Engineering\0109109.90\ADM IN\GreenArea2022\INV Centennial 220520.docx Centennial Enterprises Inc. In1Toice 22879 Centennial Rd. Date Invoice # Gretna, NE 68028 5/15/2022 57737 Bill To Highland Hills SID#563 Lamp Rynearson &Associates 14710 West Dodge Road Omaha,NE 68154-2027 Terms Due Date Net 60 7/14/2022 Quantity Description Rate Amount 1 Combination pre-emergent herbicide/fertilizer application on 1,000.00 1,000.00 4/6/22 2 Fine mowing, trimming, weeding& clean-up on 4/21/22 & 500.00 1,000.00 4/28/22 1 Trimming inside silt basin 250.00 250.00 1 Field mowing on 4/28/22 400.00 400.00 1 Trash pick-up 100.00 100.00 THANK YOU FOR YOUR BUSINESS! Payments/Credits $0.00 Balance Due $2,750.00 LAMP VIA Email RYNEARSON May 3, 2022 14710 W.Dodge Rd.,Ste. 100 Omaha,NE 68154 [P]402.496.2498 [F]402.496.2730 LampRynearson.com Chairman and Board of Trustees Sanitary and Improvement District No. 563 of Douglas County,Nebraska c/o Mr. Mark Johnson,Attorney Fullenkamp,Jobeun,Johnson&Beller LLP 11440 West Center Road,Suite C Omaha,NE 68144 REFERENCE: S.I.D. No. 563(Lakeview 168) Sale and Purchase Agreement,Outlot K Job No. 0118139.01-004 Dear Members of the Board: This is to advise you we have reviewed the costs for Outlot"K"as shown in the Sale and Purchase Agreement between Celebrity Homes,Inc.and S.I.D. No.563 (Lakeview 168).We find the cost to be a reasonable and necessary expense of the District,per the Subdivision Agreement.The following is our estimate of the total cost,which the District may be expected to incur for the cost: Estimated Land Acquisition Cost($61,448.90 x 0.805 acres): $49,466.36 Estimate Engineering,Miscellaneous, Legal,Publication,Financing and Interest Cost: $5,933.64 TOTAL ESTIMATED PROJECT COST: $55,400.00 Please call if you have any questions. Sincerely, LAMP RYNEARSON,INC "1'— ohn E. Coolidge,P.E. Vice President Enclosures c. Loren Johnson kmp\L:\Engineering\0118139 Ida and 168th\DOCUMENTS\PHASE 1\LETTERS\LTR MJohnson Land Acqu OutlotK 220503.docx Le :;acy SALE AND PURCHASE AGREEMENT (Outlot K,Lakeview 168) THIS SALE AND PURCHASE AGREEMENT, dated as of the day of , 2022 (the "Effective Date"), ), by and between CELEBRITY HOMES, INC., a Nebraska corporation ("Seller"), and Sanitary and Improvement District 563, Douglas County, Nebraska, a political subdivision of the State of Nebraska("Purchaser"). RECITALS: A. Seller desires to sell to Purchaser and Purchaser desires to purchase from Seller the following legally described real property located in Douglas County,Nebraska, to-wit: Outlot "K", Lakeview 168, a Subdivision as surveyed, platted and recorded in Douglas County,Nebraska(the"Property"). B. As consideration for the sale of the Property, Purchaser shall own and maintain the Property, and Seller shall receive warrants in the amount of the purchase price to be paid at the time the Purchaser is able to pay the purchase price as reasonably determined by Purchaser's municipal financial advisor in accordance with the terms and conditions of the Subdivision Agreement entered into by and between the Seller, Purchaser, the Lakeview 168 Homeowners Association, and the City of Omaha,Nebraska, dated December 8, 2020 (the"Subdivision Agreement"). AGREEMENT: NOW, THEREFORE, in consideration of the recitals and the mutual agreements, provisions and covenants herein contained, Seller and Purchaser hereby agree as follows: SECTION 1. PROPERTY. Subject to the terms and conditions of this Agreement, Seller agrees to sell, convey, assign, transfer and deliver to Purchaser, and Purchaser shall buy, accept and receive from Seller on the Closing Date the Property together with all of the rights, privileges and appurtenances thereunto belonging and all of the rights of Seller in and to all improvements and fixtures thereon. SECTION 2. CONSIDERATION PAYABLE TO SELLER BY PURCHASER FOR THE PROPERTY. 2.1 Purchase Price. Subject to the terms and conditions of this Agreement, and in reliance upon the representations and warranties of Seller herein contained, and in consideration of 1 the sale, conveyance, assignment, transfer and delivery of the Property by Seller to Purchaser pursuant to Section 1 hereof, Purchaser agrees to purchase the Property from Seller and to own and maintain the Property and pay to Seller the product obtained by multiplying $61,448.90 by the number of acres of the Property, which may be paid through the general obligation fund of the Purchaser (the "Purchase Price"). The Property consists of a total of 0.805 acres and, as such, the Purchase Price for the Property shall be $49,466.36. 2.2 Payment of Purchase Price. Purchaser shall pay the Purchase Price to Seller in cash within thirty (30) days after Purchaser being deemed in a satisfactory financial condition to pay Seller the Purchase Price as reasonably determined by the Purchaser's municipal financial advisor (the "Payment Date"). SECTION 3. CLOSING. Subject to the terms and conditions contained in this Agreement, the transfer of the Property from Seller to Purchaser, pursuant to a corporate warranty deed, will take place at the offices of Fullenkamp, Jobeun, Johnson & Beller LLP 11440 West Center Road, Omaha, Nebraska, 68144, within sixty(60)days after the Effective Date of this Agreement(the "Closing Date"). SECTION 4. DISCLAIMER OF WARRANTY. Purchaser acknowledges that the Purchaser has been afforded the opportunity to inspect the Property, and an additional opportunity for inspection under Section 7 of this Agreement, to conduct such inspections and testings as the Purchaser has deemed appropriate and to verify.all information furnished by the Seller. Without reliance on any information provided by the Seller, the Purchaser has determined that the physical properties are satisfactory to Purchaser in all respects. It is understood that Seller has made no representation either express or implied as to the condition or state of repair of the Property, including, without limitation to compliance of the Property with any governmental regulations and has made no agreement to alter, repair, or improve the Property. The sole obligation of Seller will be to deliver possession of the Property to Purchaser on the Closing Date in substantially the same condition (normal wear and tear and casualty loss excepted) as existed on the date of this Agreement and the Purchaser agrees to accept possession of the Property on the Closing Date in an AS IS condition WITH ALL FAULTS and WITHOUT EXPRESS OR IMPLIED WARRANTY. SECTION 5. CONDITIONS PRECEDENT TO OBLIGATIONS OF PURCHASER. The obligations of the Purchaser to purchase and acquire the Property from Seller is subject to the satisfaction, on or before the Closing Date, or earlier date if specified, of all of the following conditions, which conditions may be waived in writing by Purchaser: 2 5.1 Absence of Litigation. No action, suit or proceeding before any court or governmental body or authority pertaining to the Property or the transaction contemplated by this Agreement or to its consummation shall have been instituted or threatened on or before the Closing Date. 5.2 Title Insurance. Purchaser shall have received the Title Commitment as contemplated by Section 6 and shall not have terminated this Agreement within the time period provided therein. 5.3 Inspection. Purchaser shall not have terminated this Agreement pursuant to the provisions of Section 7 within the time period provided therein. SECTION 6. TITLE INSURANCE. Purchaser shall obtain a Commitment for Title Insurance from Nebraska Title Company within twenty (20) days of the date this Agreement is signed by Seller and returned to Purchaser showing marketable title in Seller. In the event that there is a defect in the title, Purchaser shall have the right to specify its reasonable objections within 30 days of receipt of such Commitment. In the event that Seller is unable or unwilling to correct such objections within 30 days of such notice then Purchaser may cancel or terminate this Agreement. Purchaser shall have the further option of closing the Agreement despite the existence of defects. The cost of title insurance shall be paid by Purchaser. SECTION 7. INSPECTIONS. Purchaser and its representatives, at their expense, within thirty (30) days from the execution of this Agreement("Inspection Period"), shall have the right to enter upon the Property to make borings, studies and other tests, including engineering studies, environmental studies, and soil analysis, or for any other purpose which may assist Purchaser to determine the suitability of the Property for Purchaser's desired purposes. If, within the Inspection Period, any such borings, studies, or other tests disclose that, in Purchaser's reasonable business judgment, the Property is not suitable for Purchaser's desired purposes, then, Purchaser either may: (i) complete the purchase of the Property in the existing condition; or (ii) declare this Agreement null and void at any time prior to the expiration of the Inspection Period. If Purchaser shall notify Seller in writing within the Inspection Period of its election to terminate this Agreement, then this Agreement shall be null and void. If Purchaser shall fail to notify Seller of its election to terminate this Agreement within the Inspection Period, Purchaser shall be deemed to have waived the right to terminate this Agreement for the reasons specified in Section 7 hereof. 3 SECTION 8. EXPENSES. Purchaser shall pay all costs associated with the transfer of the Property. Purchaser shall be all expenses associated with the inspection of the Property. Each party shall pay their own attorney's fees. SECTION 9. POSSESSION. Possession of the Property shall be delivered to Purchaser at Closing. SECTION 10. DEFAULT. 10.1 Default by Seller. In the event of Seller's failure to complete the transaction contemplated by this Agreement, Purchaser, at its option, may (i) terminate this Agreement by written notice to Seller and both parties shall be discharged from all duties of performance hereunder; or (ii) enforce this Agreement by action for specific performance of this Agreement or by an action for damages. 10.2 Default by Purchaser. In the event of Purchaser's failure to complete the transaction contemplated by this Agreement, Seller, at its option, may (i) terminate this Agreement by written notice to Purchaser and both parties shall be discharged from all duties of performance hereunder; or (ii) enforce this Agreement by an action for specific performance of this Agreement or by an action for damages. 10.3 Remedies Exclusive. The remedies provided in this Section 10 are exclusive and noncumulative, and Seller and Purchaser each hereby waives the right to pursue any and all other remedies for default not expressly provided for in this Agreement, and Purchaser and Seller each acknowledge that the provision of this Section 10 is a material inducement to each of them to enter the transaction contemplated hereby. SECTION 11. MISCELLANEOUS. The following miscellaneous provisions shall apply to this Agreement: 11.1 Agent's Commission. The parties hereto acknowledge that no agents or brokers have been retained to represent either party in this transaction, and each party hereto agrees to indemnify and hold harmless the other party from any claims asserted by any other agent or broker or other person arising out of any act by such party as a result of the consummation of this transaction. 11.2 Waivers. Seller and Purchaser may, by written notice to the other, (a) extend the time for performance of any of the obligations or other actions of the other under this Agreement; (b) waive any inaccuracies in the representations and warranties of the other contained in this 4 Agreement or in any documents delivered pursuant to this Agreement; (c) waive compliance with any of the conditions or covenants of the other contained in this Agreement; or(d) waive or modify performance of any of the obligations of the other under this Agreement. Except as provided in the preceding sentence, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. Any waiver by Seller or Purchaser of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach. 11.3 Notices. All notices which are required or may be given pursuant to the terms of this Agreement shall be in writing and shall be sufficient in all respect if given in writing, and if delivered in person, effective the date of delivery, or if mailed by registered, certified or express mail, postage prepaid, effective the day after depositing the notice in the U.S. Mail service or an overnight express mail carrier, as follows: If to Seller: Celebrity Homes, Inc. Attn: Loren Johnson 14002 L St. Omaha,Nebraska 68137 If to Purchaser: SID 563, Douglas County Attn: Mark B.Johnson, Attorney for SID 563 11440 West Center Road, Ste. C Omaha,Nebraska 68144 or at such other address as any party hereto shall have designated by notice in writing to the other parties hereto. 11.4 Amendments and Supplements; Survival. At any time before the Closing Date, this Agreement, or any other agreement relating to this Agreement, may be amended or supplemented by additional agreements, articles or certificates as may be determined by Seller and Purchaser to be necessary, desirable or expedient to further the purposes of this Agreement or to clarify the intention of the parties hereto, or to add to or modify the covenants, terms or conditions hereof or to effect or facilitate any approval or acceptance of the transactions contemplated by this Agreement or the consummation of the transaction contemplated hereby. All representations, warranties and covenants made in or pursuant to this Agreement including, but not limited to, Purchaser's obligation to pay the Purchase Price on the Payment Date shall survive the Closing hereunder. 11.5 Entire Agreement: Time of Essence. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings, oral and written, between the parties with respect to the subject matter of this Agreement. Time is of the essence of this Agreement. 5 11.6 Applicable Law; Binding Effect. This Agreement and the legal relations among the parties hereto shall be governed by and construed in accordance with the laws of the State of Nebraska applicable to contracts made and performed in Nebraska. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 11.7 Purchaser's Representations. Purchaser hereby represents that it shall approve the issuance of the warrants and cause such warrants to be registered as negotiable instruments to potentially be resold by Seller to a third-party purchaser for the purposes of paying Seller the Purchase Price on the Payment Date. THIS OFFER IS BASED UPON PURCHASER'S PERSONAL INSPECTION OR INVESTIGATION OF THE PROPERTY AND NOT UPON ANY REPRESENTATION OR WARRANTIES OF CONDITION BY THE SELLER OR SELLER'S AGENT. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto, at the place and date specified immediately adjacent to their respective names. SELLER: CELEBRITY HOMES, INC., a Nebraska corporation Date: By: Its: PURCHASER: Sanitary and Improvement District No. 563, Douglas County, Nebraska, a political subdivision of the State of Nebraska Date: By: Loren Johnson, Chairman Attest: Randy Baker, Clerk 6 May 26, 2022 Chairman and Board of Trustees Sanitary and Improvement District No. 563 of Douglas County, Nebraska STATEMENT FOR SERVICES RENDERED For Services Rendered in connection with: Legal services in connection with Sale and Purchase Agreement for Outlot K, Lakeview 168. ($49,466.36 x 5%) = $2,473.32 Expenses: Publication 113.40 Total Amount Now Due: $2,586.72 PLEASEREMIT TO: FULLENKAIVIP, JOBEUN, JOHNSON & BELLER LLP 11440 W EST CENTER ROAD OMAHA, NE 68144 Attn Mandy Anderson Trustees: Loren Johnson—Chairman & Compliance Officer Randy Baker- Clerk Terry Wiese Jeffery Stoll Steven Hecker Valuation 2021/22 - $100,899,505 ($26,368,040- growth) General Fund $403,598.00 - $0.400000 Bond Fund $504,498.00 - $0.500000 Total $908,096.00 - $0.900000 AGENDA Sanitary and Improvement District No. 563 (Highland Hills/ Lakeview 168) of Douglas County, Nebraska; meeting to be held May 26, 2022, at 11:30 a.m. — 11440 West Center Rd, Suite C, Omaha, NE: 1. Call to Order and Roll Call. 2. Present Open Meetings Act. 3. Present executed Engagement letter for Awerkamp, Goodnight, Schwaller & Nelson, P.C, dated May 10, 2022. 4. Vote on and approve Resolution of Necessity for Sale and Purchase Agreement for Outlot K, Lakeview 168; being the same Resolution adopted in form at the meeting of the Board of Trustees held on May 5, 2022. 5. Present Resolution of Necessity for Sidewalks and Trails, Section 1; order hearing to be held and required publications. Next meeting scheduled for 11:30 am on June 23, 2022 (Bid Date: June 9, 2022). 6. Present Resolution of Necessity for the District to enter into an Interlocal Cooperation Agreement for 168th and Ida Street Improvements by and between the County of Douglas, Nebraska, Sanitary and Improvement District No. 563 of Douglas County, Nebraska, and Sanitary and Improvement District No. 567 of Douglas County, Nebraska, Nebraska; order hearing to be held and required publications. Next meeting scheduled for 11:30 a.m. on June 23, 2022. 7. Present Warranty Deed re: Outlot K, Lakeview 168 to transfer to Sanitary and Improvement District No. 563, Douglas County, Nebraska; vote on and approve same. 8. Present statements, vote on and approve payment from the General Fund Account of the District for the following: a) Omaha Public Power District for street lighting (Account No. 8634307908). $7,403.00 b) Centennial Enterprises Inc., for fertilizing, mowing, trimming, weeding, and trash pick- up (#57737). 2,750.00 c) Kuehl Capital Corporation for advisory fees on General Fund Warrants issued at this meeting (2%of$10,153.00). 203.06 d) Ameritas Investment Company, LLC for underwriting fees on General Fund Warrants issued at this meeting (2% of $10,356.06). 207.12 Total Issued: $10,563.18 9. Present statements, vote on and approve payment from the Construction Fund Account of the District for the following: a) Celebrity Homes, Inc., for land acquisition cost in connection with the Sale and Purchase Agreement for Outlot K, Lakeview 168. $49,466.36 b) Fullenkamp, Jobeun, Johnson & Beller LLP for legal services for land acquisition cost in connection with the Sale and Purchase Agreement for Outlot K, Lakeview 168. 2,586.72 c) Kuehl Capital Corporation for advisory fees on Construction Fund Warrants issued at this meeting (2% of$52,053.08). 1,041.06 d) Ameritas Investment Company, LLC for underwriting fees on Construction Fund Warrants issued at this meeting (2%of$53,094.14). 1,061.88 Total Issued: $54,156.02 10. Discussion regarding various other items pertaining to the District.