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
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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
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� € 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.