ORD 35463 - Kellom North LP redevelopment and TIF agmt 1/"../9„9 - 1
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M�HA,�,
Planning Department
;A`,��is� RECEIVED
l9 FarnDouglas Civic Center
-,,�,,*�v 1819 Farnam Street,Suite 1100
r f��+ tri n �f j DEC C� f s Omaha,Nebraska 68183-0110
®G ri- 'J �1 - (402)444-5200
OAF- t�.u �� F 4 :r (402)444-5150
oq �4ro ` ' ' i Telefax(402)444-6140
�TFD FEB4r .tanurSr 9,,..200l ,
j`'` ;1 Robert C.Peters
City of Omaha Acting Director
Hal Daub,Mayor
r
Honorable President
and Members of the City Council,
The attached proposed Ordinance approves the Agreement with Kellom North Limited
Partnership, which implements the Kellom North Limited Partnership Redevelopment Plan for a
housing development in an area bounded by Caldwell and Hamilton Streets between 26th and
27th Streets. This Redevelopment Plan, approved by the City Council on August 29, 2000,
provides for the development of 10 duplex housing units with associated public improvements.
The Agreement provides the use of$100,000.00 in Tax Increment Financing for the project. The
tax increment loan will be repaid in 15 years with the increase in taxes generated by the property
improvements.
The Contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is
City policy;the Human Relations Director will review the Contractor to ensure compliance with
the Contract Compliance Ordinance. ,
Your favorable consideration of the Ordinance will be appreciated.
Sincerely, Referred to City ouncil or C sideration:
--- (V - 9 . S.•GG AO 12-z1`0-6
Steven N. Jensen, AIC Date Mayor's Office/Title S - Date
Acting Planning Director P40 .
Approved as to Funding: Approved:
Gam- 9 -00 • q 5
Stanley P. Timm Date Kellie Paris-Asaka ate
6&. Acting Finance Director Human Relations Director
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ORDINANCE NO: :1 j94:1
AN ORDINANCE approving a redevelopment and tax increment financing loan agreement with the
Kellom North Limited Partnership,2221 North 24th Street, Omaha,Nebraska,and providing
for an effective date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA;
Section 1. The Mayor is hereby authorized to execute, and the City Clerk to attest, the
attached Redevelopment Agreement with Kellom North Limited Partnership for housing
development at 27th and Caldwell Streets; including any other documents in connection with the
Redevelopment Agreement necessary or appropriate to consummate the loan.
Section 2. Said Redevelopment Agreement contains obligations undertaken pursuant to the
Nebraska Community Development Law and Sections 18-2147 through 18-2150; and, are not
otherwise obligations of the City of Omaha.
Section 3. This Ordinance shall be in full force and take effect fifteen(15) days from and •
after the date of its passage.
INTRODUCED BY CO CILMEMBER
a/ve--) 1/ A
APPRO.:`ED BY:
feedy
AYOR OF THE CITY OF OMAHA E
PASSED JAN 3 0 2001
ATTEST: r_
C T CLERK O4,T1TF CITY OF(Jib 9 i D TE/
APPROV AS FORM:
. C AT Y 4ATE
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REDEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into by and between the City of Omaha, a Nebraska
Municipal Corporation in Douglas County,Nebraska, and Kellom North Limited Partnership.
RECITALS:
WHEREAS, on August 29, 2000, the City Council of the City of Omaha approved the
Kellom North Limited Partnership Redevelopment Plan which provided for housing development
at 27`h and Caldwell Streets, and the use of the excess ad valorem taxes generated by such
development; and,
WHEREAS, this Agreement is a redevelopment agreement prepared pursuant to the
Nebraska Community Development Law in order to implement the above-referenced
Redevelopment Plan.
IN CONSIDERATION OF THESE MUTUAL COVENANTS THE PARTIES AGREE AS
FOLLOWS:
SECTION 1. DEFINITIONS
The following terms, whether plural or singular, shall have the following meanings for
purposes of this Agreement.
1.1 "City" shall mean the City of Omaha, Nebraska, a Municipal Corporation of the
metropolitan class or such successor entity lawfully established pursuant to the
applicable provision of the Nebraska Community Development Act.
1.2 "Developer" shall mean Kellom North Limited Partnership.
1.3 "Director" shall mean the Director of the City of Omaha Planning Department.
1.4 "Redevelopment Project" shall mean construction of ten (10) duplex housing units
with associated public improvements as shown on the Site Plan Exhibit "A".
1.5 "Redevelopment Site" shall mean the area legally described on Exhibit "B", attached
hereto.
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1.6 "Redevelopment Note(TIF Funds/TIF Proceeds)" shall mean any obligation issued
by the City and secured by the excess ad valorem taxes generated within the
Redevelopment Site.
1.7 "Excess ad valorem taxes" shall mean the additional real estate property taxes
generated by this Redevelopment Project pursuant to Section 18-2147 of the
Nebraska Revised Statutes.
SECTION 2. OBLIGATIONS OF THE CITY
The City shall:
2.1 Execute and deliver to the Developer at closing the Redevelopment Note in
substantially the same form as the copy attached hereto as Exhibit"C".
2.2 Grant Redevelopment Loan proceeds to the Developer for public improvements and
eligible site specific development costs up to the sum of$100,000.00.
2.3 Pay debt retirement principal and interest from the Excess Ad Valorem Taxes (TIF
tax proceeds). Interest on monies in the special fund shall accrue first to debt
retirement interest and then to principal.
2.4 Ensure that prior to expenditure or disbursement of Redevelopment Loan proceeds,
the following shall be obtained,to wit:
2.4.1 Developer shall provide the Director with evidence, acceptable to the
Director, that the private funds have been irrevocably committed to the
Redevelopment Project in the amount sufficient to complete the
redevelopment project.
2.4.2 Developer shall provide evidence of,and maintain, adequate performance and
labor materials bonds during the period of construction of the project. The
City shall be specified as a co-obligee.
2.5 Establish a special fund under Section 18-2147 of the Nebraska Revised Statutes for
the purpose of collecting the excess ad valorem taxes generated by the
Redevelopment Project. Monies collected and held in the special fund shall be used
for no purpose other than to repay the Redevelopment Loan.
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SECTION 3. OBLIGATIONS OF THE DEVELOPER
The Developer shall:
3.1 Complete the Redevelopment Project on or before December 31,2001,creating a real
property taxable base by reason of such construction of at least$2,067,783.00.
3.2 Cause all real estate taxes and assessments levied on the Redevelopment Project to
be paid prior to the time such become delinquent.
3.3 Loan redevelopment funds to the City in the principal amount of$100,000.00 as set
forth in Section 2.1, which, when combined with other private funds available, will
be sufficient to construct the redevelopment project. Execution and delivery of the
Redevelopment Promissory Note shall be at closing which shall be as soon as
reasonably possible after execution of this Agreement but not more than 60 days
thereafter. At closing,the loan to be accomplished by this Section and the obligation
• of the City to use the redevelopment loan proceeds for redevelopment purposes under
Section 2.2 may be accomplished by offset so that the Developer retains the loan
proceeds. If the City so requests,the developer shall, from time to time, furnish the
City with satisfactory evidence as to the use and application of the redevelopment
loan proceeds.
3.3.1 Such loan funds shall be disbursed as provided in Section 2.
3.3.2 Such loan shall bear a 9% interest rate.
3.3.3 The principal shall be repaid by the City from the special fund established
pursuant to Section 2.5, as excess ad valorem taxes, pursuant to the
Redevelopment Plan and Section 18-2147 of the Nebraska Revised Statutes,
become available to the City for such use. To the extent of such excess ad
valorem taxes are unavailable to the City,the loan shall be forgiven and the
obligations of the Developer shall remain unaffected.
3.4 Shall provide the City with quarterly progress reports during the redevelopment and
allow the City reasonable access to any relevant financial records pertaining to the
Redevelopment Project.
3.5 During the period that the Redevelopment Note (TIF Funds) is outstanding, (1)not
protest a real estate improvement valuation on the Redevelopment Site of$24,100.00
or less prior to and during construction; and $2,091,883.00 or less after substantial
completion or occupancy of the ten (10) duplex housing units; (2) not convey the
Redevelopment Site or structures thereon to any entity which would be exempt from
the payment of real estate taxes or cause the nonpayment of such real estate taxes; (3)
not apply to the Douglas County Assessor for the structures, or any portion thereof,
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to be taxed separately from the underlying land of the Redevelopment Site; (4)
maintain insurance for ninety percent(90%)of the full value of the structures on the
Redevelopment Site; (5) in the event of casualty, apply such insurance proceeds to
their reconstruction; and(6)cause all real estate taxes and assessments levied on the
Redevelopment Site to be paid prior to the time such become delinquent. In lieu of
the above, the Developer may surrender any remaining amount outstanding of the
Redevelopment Promissory Note to City. Each of the foregoing covenants shall be
referenced in a Notice of Redevelopment Agreement to be recorded with the Douglas
County, Nebraska Register of Deeds. The Developer agrees to include the same
restrictions to be included in any subsequent sale,assignment, sale leaseback or other
transfer of the property,but shall not be responsible otherwise for the actions of the
third parties if these covenants are breached by such third parties if the Developer no
longer owns the property.
3.6 Shall provide the City of Omaha Finance Department with an executed copy of the
Redevelopment Promissory Note prior to disbursement of any proceeds for
repayment of such Note pursuant to Section 2.5, so that such payment can be noted
on the Note and the Note returned to Developer.
SECTION 4. PROVISIONS OF THE CONTRACT
4.1 Equal Employment Opportunity Clause. Annexed hereto as "D" and made a part
hereof by reference are the equal employment provisions of this contract,wherein the
"Developer" is referred to as "Contractor".
4.2 Non-discrimination. The Developer shall not, in the performance of this Contract,
discriminate or permit discrimination in violation of federal or state laws or local
ordinances because of race,color, sex, age,political or religious opinions,affiliations
or national origin.
4.3 Captions. Captions used in this Contract are for convenience and are not used in the
construction of this Contract.
4.4 Applicable Law. Parties to this Contract shall conform with all existing and
applicable city ordinances,resolutions, state laws, federal laws, and all existing and
applicable rules and regulations. Nebraska law will govern the terms and the
performance under this Contract.
4.5 Interest to the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected
official or any officer or employee of the City of Omaha shall have a financial
interest, direct or indirect, in any City of Omaha contract. Any violation of this
section with the knowledge of the person or corporation contracting with the City of
Omaha shall render the contract voidable by the Mayor or Council.
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4.6 Merger. This Contract shall not be merged into any other oral or written contract,
lease or deed of any type.
4.7 Modification. This Contract contains the entire agreement of the parties. No
representations were made or relied upon by either party other than those that are
expressly set forth herein. No agent,employee or other representative of either party
is empowered to alter any of the terms herein unless done in writing and signed by
an authorized officer of the respective parties.
4.8 Assignment. The Developer may not assigns its rights under this contract without
the express prior written consent of the City; such consent not to be unreasonably
withheld. The Mayor may,without City Council approval, approve, in writing,the
assignment of all rights hereunder to a successor entity owned by, or under common
control with Developer.
4.9 Strict Compliance. All provisions of this Contract and each and every document that
shall be attached shall be strictly complied with as written, and no substitution or
change shall be made except upon written direction from authorized representatives
of the parties.
4.10 This Agreement shall be binding upon the Developer's successors and assigns, and
shall run with the land described in Exhibit "B", attached hereto,to the benefit of the
City of Omaha.
SECTION 5. AUTHORIZED REPRESENTATIVE
x)
In further consideration of the mutual covenants herein contained, the parties hereto 1
expressly agree that for the purposes of notice, including legal service of process, during the term
of this Contract and for the period of any applicable statute of limitations thereafter, the following
named individuals shall be the authorized representatives of the parties:
(1) City of Omaha:
Steven N. Jensen,AICP Legal Service
City Planning Department c/o City Clerk
Omaha/Douglas Civic Center Omaha/Douglas Civic Center
1819 Farnam Street 1819 Farnam Street
Omaha,NE 68183 Omaha,NE 68183
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(2) Developer:
Alvin M. Goodwin
Kellom North Limited Partnership
c/o Omaha Economic Development Corporation
2221 North 24th Street
Omaha,NE 68110
Either party may designate additional representatives or substitute representatives by giving
written notice thereof to the designated representative of the other party.
th
Executed this 8--day of cd)rZA.DA./ 200 TI .
ATTEST-= CI r a F a A •fr
CI Y LERK OF THE L'ITY OF OMAHA AYOR OF THE CITY OF OMAHA
Exe uttd this ,2'7tiay of , e'ee.0...2"4. , 204, .
DEVELOPER:
KELLOM NORTH LIMITED
PARTNERSHIP
By APPROVED AS FORM:
4ITY O
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STATE OF NEBRASKA )
)ss.
COUNTY OF DOUGLAS )
The foregoing Redevelopment Agreement was acknowledged before me this . day of
2 cew.102 - , 2000 by Alvin M. Goodwin, President of Omaha Economic
Development Corporation, General Partner, on behalf of said Kellom North Limited Partnership.
/1k, R . -Tad
GENERAL NOTARY-State of Nebraska
MARIAN R.TODD Notary Public, State of Nebraska
My Comm.Exp.Feb.13,2002
My commission expires on
— 13— aoo
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%qr......'` LOTS 1-14, BLOCK 10. SHINN'S ADDITION 3 js `A D
OMAHA, NEBRASKA -
A.A.
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EXHIBIT "C"
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THIS BOND HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 (THE
" '33 ACT") AND MAY NOT BE TRANSFERRED, ASSIGNED, SOLD OR HYPOTHECATED •
UNLESS A REGISTRATION STATEMENT UNDER THE '33 ACT SHALL BE IN EFFECT
WITH RESPECT THERETO AND THERE SHALL HAVE BEEN COMPLIANCE WITH THE
'33 ACT AND ALL APPLICABLE RULES AND REGULATIONS THEREUNDER, OR THERE
SHALL HAVE BEEN DELIVERED TO THE CITY OF OMAHA PRIOR TO TRANSFER,
ASSIGNMENT, SALE OR HYPOTHECATION AN OPINION OF COUNSEL, SATISFACTORY
TO THE CITY OF OMAHA TO THE EFFECT THAT REGISTRATION UNDER THE '33 ACT
IS NOT REQUIRED.
REDEVELOPMENT PROMISSORY NOTE
$100,000.00 le , 2001
FOR VALUE RECEIVED, the Undersigned, Borrower, promises to pay Kellom North
Limited Partnership, c/o Omaha Economic Development Corporation, 2221 North 24th Street,
Omaha,Nebraska 68110, Holder, and/or its assigns, the principal sum of One Hundred Thousand
and No/100 ($100,000.00),together with interest thereon at the rate of Nine percent(9%)per annum
from the date of the execution of this Note until paid in full. The principal balance and interest
thereon shall be due and payable to the holder of said Redevelopment Promissory Note as and at
such time as any excess ad valorem taxes generated by the Redevelopment Project as set forth in that
certain Redevelopment Agreement dated the ` day of t'
20 0 r, by and between the City of Omaha, Borrower, and the Holder, (th "Redevelopment
Agreement") are collected by the City of Omaha and available for the retirement of this debt.
In the event of default under said Redevelopment Promissory Note, all sums secured by this
Note or any other agreement securing this Note shall bear interest at a rate equal to five percent(5%)
• above the regional prime or base rate as used by the First National Bank of Omaha, Omaha,
Nebraska, from time to time, however, in the event said interest rate exceeds the maximum rate
allowable by law then such rate of interest shall equal the highest legal rate available.
Borrower may prepay the principal amount outstanding in whole or in part, without the prior
consent of the Holder.
In the event the monies collected and held in that special fund established under Section
18-2147 of the Nebraska Revised Statutes and pursuant to the Redevelopment Agreement are
insufficient to pay in full all amounts due and owing at a date fifteen (15) years from the effective
date of the Redevelopment Plan, and all excess ad valorem taxes generated by the Redevelopment
Project, as set forth in the Redevelopment Agreement, have been collected by the City of Omaha and
have been paid, immediately upon being available, towards the retirement of the amounts due
hereunder, then, at said date fifteen (15) years from the effective date of the Redevelopment Plan,
the Holder shall waiver any unpaid portion of the principal and interest due upon written request of
the City of Omaha.
In the event this Note is referred to an attorney for collection the Holder shall be entitled to
reasonable attorney fees allowable by law and all Court costs and other expenses incurred in
connection with such collection.
The Borrower shall be in default in the event the Borrower shall fail to pay, when due, any
amount required hereunder.
Unless prohibited by law, the Holder may, at its option,declare the entire unpaid balance of
principal and interest immediately due and payable without notice or demand at any time after
default, as such term is defined in this paragraph.
Holder may at any time before or after default, exercise his right to set off all or any portion
of the indebtedness evidenced hereby against any liability or indebtedness of the Holder to the
Borrower without prior notice to the Borrower.
Demand, presentment, protest and notice of nonpayment under this Redevelopment
Promissory.Note are hereby waived.
No delay or omission on the part of the Holder in exercising any remedy, right or option
under this Redevelopment Promissory Note shall operate as a waiver of such remedy, right or option.
In any event, a waiver on any one occasion shall not be construed as a waiver or bar to any such
remedy,right or option on a future occasion.
Any notice provided for in this Redevelopment Promissory Note to the Borrower or the
Holder shall be in writing and shall be given by regular mail to the Holder or Borrower, or at such
other address as either party may designate by notice in writing.
This Redevelopment Promissory Note shall be governed by and construed in accordance
with the Laws of the State of Nebraska. All payments hereunder shall be payable in lawful money
of the United States of America and shall be legal tender for public and private debts at the time of
payment.
CITY OF OMAHA, A Municipal Corporation
By:
M or of the ity of Omaha
ATTEST: APPROVED AS TO FORM:
City Clerk of the City of Omaha i A orney
P:\PLN 1\9706sap.doc
•
EXHIBIT "D"
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee applicant for employment
because of race,religion,color,sex,national origin,or disability as defined by the Americans
With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take
affirmative action to ensure that applicants are employed and that employees are treated
during employment without regard to their race, religion, color, sex or national origin. The
Contractor shall take all actions necessary to comply with the Americans With Disabilities
Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to,
reasonable accommodation. As used herein, the word "treated" shall mean and include,
without limitation, the following: Recruited, whether advertising or by other means;
compensated; selected for training, including apprenticeship; promoted; upgraded; demoted;
downgraded; transferred; laid off; and terminated. The Contractor agrees to and shall post
in conspicuous places, available to employees and applicants for employment, notices to be
provided by the contracting officers setting forth the provisions of this nondiscrimination
clause.
(2) The Contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, religion, color, sex, national origin, or disability as
recognized under 42 USCS 12101 et seq.
(3) The Contractor shall send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contract or understanding a notice advising the
labor union or worker's representative of the Contractor's commitments under the Equal
Employment Opportunity Clause of the City and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(4) The Contractor shall furnish to the contract compliance officer all Federal forms containing
the information and reports required by the Federal government for Federal contracts under
Federal rules and regulations, and including the information required by Sections 10-192 to
10-194, inclusive, and shall permit reasonable access to his records. Records accessible to
the Contract Compliance Officer shall be those which are related to Paragraphs (1) through
(7) of this subsection and only after reasonable notice is given the Contractor. The purpose
for this provision is to provide for investigation to ascertain compliance with the program
provided for herein.
(5) The Contractor shall take such actions with respect to any subcontractor as the City may
direct as a means of enforcing the provisions of Paragraphs (1) through(7)herein, including
- 1 -
•
penalties and sanctions for noncompliance; however, in the event the Contractor becomes
involved in or is threatened with litigation as the result of such directions by the City, the
City will enter into such litigation as necessary to protect the interests of the City and to
effectuate the provisions of this division; and in the case of contracts receiving Federal
assistance, the Contractor or the City may request the United States to enter into such
litigation to protect the interests of the United States.
(6) The Contractor shall file and shall cause his subcontractors,if any,to file compliance reports
with the Contractor in the same form and to the same extent as required by the Federal
government for Federal contracts under Federal rules and regulations. Such compliance
reports shall be filed with the Contract Compliance Officer. Compliance reports filed at such
times as directed shall contain information as to the employment practices, policies,
programs and statistics of the Contractor and his subcontractors.
(7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section,
"Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or
purchase order so that such provisions will be binding upon each subcontractor or vendor.
P:\PLN3\7810.SKZ
- 2 -
•
RECEIVED
INTEROFFICE MEMORANDUM AMII: I6
Law Department ;s`; ' ;;LE' n
r.OM HA, RASN A
DATE: November 1, 2004
TO: Buster Brown, City Clerk
FROM: Bernard J. in den Bosch, Assistant City Attorne` � Jj
SUBJECT: Administrative Amendment to Redevelopment Agreement
Attached please find an original Administrative Amendment to Redevelopment
Agreement for your records. This is the copy of the document you previously had, but has now
been executed by First National Bank.
BJB:de
Attachment
r •
, a
1
•
ADMINISTRATIVE AMENDMENT TO REDEVELOPMENT AGREEMENT
This ADMINISTRATIVE AMENDMENT TO RED VELOPMENT AGREEMENT
("Agreement") is made and entered into this,^`eday of,V , 2004 by and between First
National Bank of Omaha ("FNBO") and the City of Omaha, ebraska("City").
PRELIMINARY STATEMENT
On December 17, 1996, the City Council of the City of Omaha, after recommendation by
the Planning Board of the City of Omaha on November 6, 1996, approved the Downtown
Northeast Redevelopment Plan which includes, among other things, Redevelopment Project One
and Redevelopment Project Two. Subsequently, the parties to this Agreement and Jayhawk,
L.L.C., a Delaware limited liability company ("Jayhawk") entered into a Redevelopment
Agreement dated February 10, 1997, for the implementation of Redevelopment Project One and
Redevelopment Project Two as set forth therein.
On March 3, 1998, the City Council of the City of Omaha, after recommendation by the
Planning Board of the City of Omaha on October 1, 1997, approved an Amendment to the
Downtown Northeast Redevelopment Plan. Thereafter, the parties hereto and Jayhawk entered
into a First Amendment to Redevelopment Agreement dated June 5, 1998, amending the
Redevelopment Agreement dated February 10, 1997.
By Assignment'and Assumption Agreements dated as of June 30, 1998, and December
21, 1998, Jayhawk transferred and assigned to FNBO all of its rights, powers, privileges, and
benefits under the Redevelopment Agreement with respect to all real estate in the Project One
area, and FNBO assumed all of the duties and obligations of Jayhawk under the Redevelopment
Agreement with respect to such real estate.
By Assignment and Assumption Agreement dated as of April 15, 1999, Jayhawk
transferred and assigned to FNBO or its designee all of its remaining rights, powers, privileges
and benefits under the Redevelopment Agreement, and FNBO assumed all of the duties and
obligations of Jayhawk under the Redevelopment Agreement.
On April 20, 1999, the City Council of the City of Omaha, after recommendation by the
Planning Board of the City of Omaha, on March 3, 1999, approved a Second Amendment to the
Downtown Northeast Redevelopment Plan, which amended the Plan for Redevelopment Project
Two and added Redevelopment Project Three and a Future Phase Project Plan.
On or about May 7, 1999, the City and FNBO entered into a Second Amendment to
Redevelopment Agreement further amending the Redevelopment Agreement, and on February 8,
2001 the City and FNBO entered into a Third Amendment to the Redevelopment Agreement(the
Redevelopment Agreement dated February 10, 1997, as amended by the June 5, 1998 First
Amendment to Redevelopment Agreement, the May 7, 1999 Second Amendment to
Redevelopment Agreement and February 8, 2001 Third Amendment to Redevelopment
Agreement will be referred to herein as the "Redevelopment Agreement").
0l-492957.4/1
1
The Redevelopment Agreement contemplates that certain administrative amendments
may need to be made to the Redevelopment Agreement in order to carry out the intent of the
Redevelopment Agreement and the Downtown Northeast Redevelopment Plan.
On or before June 13, 1997, Greater Omaha Realty Company and David L. Davis
(collectively, "Davis Plaintiffs") were the owners of certain real property (the "Real Property")
located in Omaha, Douglas County, Nebraska and within the area subject to the Downtown
Northeast Redevelopment Plan, which real property is more particularly described as:
Lots Five and Six (5 & 6), Block Fifty-Seven (57), Original City of Omaha, as surveyed
and lithographed, in Omaha, Douglas County,Nebraska(1514 Davenport Street);
Lot One (1), Block Seventy-Six (76), Original City of Omaha, as surveyed and
lithographed in, Omaha, Douglas County,Nebraska(1501 Davenport Street);
The West Forty-Four (W 44) of Lot Three (3), and all of Lots Four (4) and Five (5), in
Block Seventy-Six (76) in the Original City of Omaha, as surveyed and lithographed, in
Omaha, Douglas County, Nebraska(213 North 16th Street& 1516 Capitol Avenue).
On or about June 13, 1997, the City filed with the County Court of Douglas County,
Nebraska its Petition to Condemn Property with respect to the Real Property.
On or about August 22, 1997, the Board of Appraisers appointed by the County Court of
Douglas County issued its decision awarding just compensation to the Davis Plaintiffs for the
City's condemnation of the Real Property in the aggregate amount of$1,319,472.00.
Subsequent to the award by the Board of Appraisers, FNBO or its designee or agent
transferred or caused to be transferred to the City the entire amount awarded by the Board of
Appraisers for the City's condemnation of the Real Property;
On or about August 26, 1997, the City deposited or caused to be deposited in the County
Court of Douglas County, Nebraska the entire amount awarded to Davis Plaintiffs by the Board
of Appraisers.
The City pursuant to the Redevelopment Agreement sold or conveyed the Real Property
to FNBO or its designee.
FNBO or its designee is the current owner and occupant of the Real Property.
On or about November 4, 1997, Davis Plaintiffs filed their petitions in the District Court
of Douglas County, Nebraska, styled as Davis v. City of Omaha, Doc 965 Page 277 (Douglas
County District Court) and Greater Omaha Realty Company v. City of Omaha, Doc 965 Page
279 (Douglas County District Court) (the "Litigation"), appealing, among other things, the City's
condemnation of the Real Property and the decision of the Board of Appraisers. In addition, the
Davis Plaintiffs have included claims against the City for inverse condemnation and other causes
of action relating to actions undertaken by the City prior to the Downtown Northeast
2
0l-492957.4/2
Redevelopment Plan or the Redevelopment Agreement, and not directly arising out of the City's
Petition to Condemn Property filed with respect to the Real Property. In addition, the Davis
Plaintiffs challenged the constitutionality of Nebraska's Community Development Law with
respect to the City of Omaha's use of eminent domain and with respect to the transfer of the Real
Property to FNBO.
Pursuant to the Redevelopment Agreement, FNBO, as the assignee of Jayhawk, agreed to
reimburse City for costs and expenses paid to third parties in connection with certain
condemnation actions ("Costs"). The City has been defending the Litigation, and has paid Costs
to certain third parties in connection with the Litigation.
The City and FNBO have agreed to settle the Litigation with the Davis Plaintiffs, and
FNBO and the Davis Plaintiffs will enter into a Settlement Agreement and Release ("Settlement
Agreement") settling all claims in the Litigation. The City is an express third party beneficiary
of the Settlement Agreement and received a full and complete release from the Davis Plaintiffs
pursuant to the Settlement Agreement.
In order to induce FNBO to agree to the settlement of the Litigation and to carry out the
Downtown Northeast Redevelopment Plan, the City has agreed to (i) waive its right under the
Redevelopment Agreement to recover the Costs from FNBO; (ii) waive any claims against
FNBO relating to the Litigation and (iii) pay to FNBO the sum of Fifteen Thousand Dollars
($15,000).
The parties now enter into this Administrative Amendment to the Redevelopment
Agreement in order to memorialize their agreement with respect to the Costs and the settlement
of the Litigation.
NOW THEREFORE, in consideration of the mutual promises, conditions and covenants
set forth herein and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the City and FNBO agree as follows:
Section 1: The Litigation: In consideration of the covenants and promises of the City as
set forth herein, FNBO agrees to the settlement of the Litigation with the Davis Plaintiffs, and
agrees to pay to the Davis Plaintiffs the sums required by the Settlement Agreement.
Section 2: Waiver of the Costs/Waiver of Claims Relating to Litigation/Payment to
FNBO: In consideration of the covenants and promises of FNBO as set forth herein, the City (i)
agrees to pay or cause to be paid to FNBO the sum of Fifteen Thousand Dollars ($15,000) within
twenty days from the date of execution of this Agreement by all parties; (ii) knowingly and
voluntarily releases, discharges, forever acquits and covenants not to sue FNBO, its successors or
predecessors, its past, present and future directors, officers, employees, agents (including but not
limited to Jayhawk, LLC), representatives, attorneys, subsidiaries, or affiliates, any current and
former directors, officers, employees, agents, representatives or attorneys of its subsidiaries or
affiliates and any person occupying or claiming an interest in the Real Property through FNBO
or its agents or affiliates, including but not limited to Wachovia Development Corporation and
Wells Fargo Bank Northwest (formerly known as First Security Bank), National Association, not
3
01-49295 7.4/3
•
individually but solely as owner and trustee under the FNB Omaha Trust 2001-1, from any and all
claims, including, but not limited to, any and all demands, rights, lawsuits, actions, damages,
liabilities, losses, expenses and causes of action, of every kind and nature, known and unknown,
at law and in equity, whether or not previously asserted and arising from the beginning of time
through the date of the execution of this Agreement by the parties, which arise out of, are in
connection with or are in any way related to the Litigation; and (iii) knowingly and voluntarily
waives, and forever releases and relinquishes any right or claim, whether arising under the
Redevelopment Agreement or otherwise at law or equity or by statute, to recover the Costs from
FNBO, its current and former successors, predecessors, directors, officers, employees, agents
(including but not limited to Jayhawk, LLC), representatives, attorneys, subsidiaries, or affiliates,
any current and former directors, officers, employees, agents, representatives or attorneys of its
subsidiaries or affiliates and any person occupying or claiming an interest in the Real Property
through FNBO or its agents or affiliates, including but not limited to Wachovia Development
Corporation and Wells Fargo Bank Northwest (formerly known as First Security Bank), National
Association,not individually but solely as owner and trustee under the FNB Omaha Trust 2001-1.
Section 3: Conditions: The obligations of the parties hereunder are subject to and
conditioned upon the execution of the Settlement Agreement with the Davis Plaintiffs, and the
dismissal of the Litigation in accordance with the Settlement Agreement.
Section 4: Conflicting Provisions; Administrative Amendment Controls: To the
extent the provisions of this Agreement conflict with any provisions of the Redevelopment
Agreement, the provisions of this Agreement shall control.
Section 5: Reaffirmation of Redevelopment Agreement: Except as amended by this
Agreement, the Redevelopment Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, FIRST NATIONAL BANK OF OMAHA and THE CITY OF
OMAHA, NEBRASKA have caused this ADMINISTRATIVE AMENDMENT TO
REDEVELOPMENT AGREEMENT to be effective as of the date set forth above.
CITY OF OMAHA
By: )Ll
Title: Mayor of the City of Omaha,Nebraska
Attest:-
By:
City Clerk
Ap vedras
By ' �
. � q(221-04
Assistant City Attorney
4
0 1-49295 7.4/4
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
The foregoing instrument was acknowledged before me September,?3, 2004 by Michael
Fahey, the Mayor of the City of Omaha, Nebraska.
Notary Public
GENERAL NOTARY-State of Nebraska My commission expires:
; Com Aug.I.FORD e9///a/6
My Comm.Exp. 16,2007
5
0l-492957.4/5
FIRST ATIONAL BANK OF OMAHA
By:
Its: '1Viert gata+di agegt
STATE OF NEBRASKA ) i
) ss.
COUNTY OF DOUGLAS )
The foregoi g instrument was acknowledged before me o "o?f, 2004 by
afuglit 'r% , the of First National Bank of Omaha.
ai, A,,,,, 9tryt,d__
Notary ublic
My commission expires:
91414- '47 deaS
ji GENERAL NOTARY-State of Nebraska
CYNTHIA ANN JONES
tea 'ft My Comm.Exp.June 6,2005
[---
6
01-49295 7.4/6
•
O�()IAN A,NF�
:;`� 4'k Law Department
Omaha/Douglas Civic Center
® �` �� 1819 Farnam Street,Suite 804
ti Omaha,Nebraska 68183-0804
O4t.", FSnRUF November 2, 2004 - (402)444-5115
Telefal-(402)-4-44-512-5—
City of Omaha Paul D.Kratz
Mike Fahey,Mayor City Attorney
Richard A. Frandeen
Senior Vice President
First National Bank of Omaha
1620 Dodge Street, Stop 4300
Omaha, NE 68197-4300 - - - -
Re: $100,000 Redevelopment Promissory Note
Project: Kellom North Redevelopment Plan
Address of Property: 27th and Hamilton Streets, Omaha, Nebraska
Dear Mr. Frandeen:
As Assistant City Attorney of the City of Omaha, Nebraska ("City"), I am authorized to
furnish opinions that may be required in connection with tax increment financing transactions. In
that regard, I am providing this letter with respect to the above TIF Redevelopment Promissory
Note in the amount of $100,000.00, recently issued by the City of Omaha to Kellom North
Limited Partnership pursuant to that certain Redevelopment Agreement approved by Ordinance
No. 35463, passed January 30, 2001 ("Ordinance").
I have examined the ordinance and the following:
(1) $100,000.00 Redevelopment Promissory Note;
(2) Security and Pledge Agreement executed by City, as Pledgor, and First
National Bank of Omaha ("Bank"), as Pledgee, effective April 19, 2002;
(3) Uniform Commercial Code Financing Statement designating City, as
Debtor, to Bank, as Secured Party; and
(4) The Ordinance.
In addition, I have examined such statutes,decisions, proceedings of the City Council of
the City and such other matters as I have determined necessary to give the opinions hereinafter
set forth.
As to the documents executed by Kellom North Limited Partnership, I have assumed the
genuineness of all signatures and the authenticity of all items submitted to me as copies. I have
further assumed that the original developers had the capacity to enter into and perform all of
their obligations under the Redevelopment Plan and the Redevelopment Agreement.
I have made no independent investigation as to the status of the title of the
.
Richard A. Frandeen
November 2, 2004
Page 2
Redevelopment Project, as defined in the Redevelopment Agreement,and assume that you are
satisfied as to the legal title thereto.
Based upon the foregoing, I am of the opinion that:
(1) The City is duly organized and existing as a political subdivision in
accordance with the laws and Constitution of the State of Nebraska and
has the powers and authority granted in§§ 18-2101 to 18-2144, inclusive,
and §§ 18-2147 to 18-2153, inclusive, R.R.S. 1943 (the "Community
Development Law.")
(2) The Ordinance was duly adapted by the City pursuant to the Community
Development Law.
(3) The Redevelopment Agreement, the Redevelopment Promissory Note
and the Security and Pledge Agreement constitute the valid and legally
binding obligations of the City and are enforceable in accordance with
their terms; provided, however, that none of the above shall be a debt of
the City and the City shall not be liable thereunder, except to the extent
authorized by the Community Redevelopment Law, and shall not
constitute an indebtedness of the City and City shall not be liable therefor,
except to the extent authorized by the Community Redevelopment Law
and shall not constitute an indebtedness of the City within the meaning of
any constitutional or statutory debt limitation or restriction.
This opinion is solely for the benefit of First National Bank of Omaha in connection with
the above referenced Project and may not be quoted or relied upon by any other person or used
for any other purpose without the prior written consent of the City Attorney of the City.
Yours very truly,
•
Bernard J. in den Bosch
Assistant City Attorney
11.2.2004 File No. 16-274
SECU
RITY AND PLEDGE AGREEMENT
THIS SECURITY AND PLEDGE AGREEMENT, effective as of April 19, 2002, by and
between CITY OF OMAHA, a municipal corporation ("Pledgor"), and FIRST NATIONAL BANK
OF OMAHA, a national banking association, whose mailing address is 1620 Dodge Street,
Omaha, Nebraska 68197-4300 ("Pledgee").
SECTION 1 - RECITALS; DEFINITIONS.
1.1. Kellom_ North Limited Partnership, a Nebraska limited _partnership (the
"Borrower"), is the present owner and holder of a Redevelopment Promissory Note of the City of
Omaha in the amount of$100,000.00 ("Redevelopment Promissory Note"), issued with respect
to the Kellom North Limited Partnership Redevelopment Plan (the "Project").
1.2. The$100,000.00 Redevelopment Promissory Note has been pledged as security
for repayment of the $100,000.00 Owner Promissory Note of Borrower to Pledgee.
1.3. The City Council of the City of Omaha constitutes the "Authority" within the
meaning of§18-2103 (1) of the Community Development Law (The "Act").
1.4. Pledgor has adopted the Kellom North Limited Partnership Redevelopment Plan
(the "Plan").
1.5. Pursuant to§18-2147 of the Act, any ad valorem tax levied upon the Project shall
be divided, for a period not to exceed fifteen (15)years after the Effective Date of the Plan (the
"Tax Increment Period"), as follows:
(a) That portion of the ad valorem tax which is produced by the levy at the rate
fixed each year by or for each such public body upon the redevelopment Project
valuation (the"Redevelopment Project Valuation"), as determined in Section 1.7 hereof,
shall be paid into the funds of each suchpublic bodyin the same proportion as are all
p p
other taxes collected by or for the body; and
portion of the ad valorem tax on re
al That property, in the Redevelopment
p
Project in excess of such amount, if any, shall be allocated to and,when collected, paid
into a specialjund of the authority to pay the principal of, the interest on, and any
premiums due in connection with the bonds of, loans, notes or advances of money to,or
indebtedness incurred by, whether funded, refunded, assumed or otherwise, such
authority for financing or refinancing, in whole or in part, a Redevelopment Project.
1.6. Ordinance No. 35463, approving the Redevelopment Agreement,was approved
by the City Council of the City of Omaha on January 30, 2001, and was approved by the Mayor
of the City of Omaha on February 8, 2001.
Security and Pledge Agreement, Page 1
#301122-v 1
4 '
11.2.2004 File No. 16-274
1.7. • Pursuant to §i 8-2 i 48 of the Act, the County Assessor of Douglas County,
Nebraska transmitted to the Omaha Redevelopment Authority the Redevelopment Project
Valuation of the Project (referred to as the "Base Redevelopment Valuation") which was
determined to be $24,100.00.
1.8. Pursuant to §18-2147(2) of the Act, to the extent that all ad valorem taxes paid
annually with respect to the Project exceed those that would otherwise be payable upon the
Redevelopment Project Valuation (the "Annual Tax Increment Receipts"), such incremental
amount, when collected,-is to be allocated and paid by the County Assessor of Douglas County
to a special fund of the Pledgor to pay the principal, premium, if any, and interest on
indebtedness incurred with respect to the Project.
1.9. Pledgee has agreed to make a loan to Borrower in the amount of$100,000.00,
pursuant to a $100,000.00 Owner Promissory Note from Borrower to Pledgee, dated of even
date herewith.
1.10. Pursuant to §18-2147(2) of the Act and the Redevelopment Agreement for the
Project, Pledgor executed and delivered its$100,000.00 Redevelopment Promissory Note and,
pursuant to the Redevelopment Agreement, Pledgor agreed to pay Borrower Annual Tax
Increment Receipts to amortize the Redevelopment Promissory Note.
1.11. Pursuant to §18-2150 of the Act, Pledgor is authorized to pledge the Annual Tax
Increment Receipts as security for repayment of the Redevelopment Promissory Note.
1.12. The Redevelopment Promissory Note has been pledged to Pledgee as security
for the repayment of the $100,000.00 Owner Promissory Note.
1.13. As a condition to the advancing of the funds under the Owner Promissory Note,
Pledgee has required that Pledgor execute and deliver this Security and Pledge Agreement
wherein and whereby Pledgor will pledge the Annual Tax Increment Receipts under the
Redevelopment Plan as security for repayment of the Redevelopment Promissory Note
assigned to Pledgee throughout a period not exceeding the remainder of the Tax Increment
Period, all in accordance with the Plan and Act.
1.11. Pledgor has agreed to pledge the Annual Tax Increment Receipts directly to
Pledgee to secure its obligations under the Redevelopment Promissory Note.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements herein contained and the rights and duties provided in the Act, the parties hereto
agree as follows:
Security and Pledge Agreement, Page 2
#301122-v1
11.2.2004 File No. 16-274
SECTION 2-PLEDGE AND SECURITY INTEREST. Pledgor hereby grants to Pledgee
a pledge of, and security interest"in, the Annual Tax Increment Receipts, as collateral
for the prompt and full payment, when due, of all sums now or hereafter payable, or to become
payable, under the Redevelopment Promissory Note. This Agreement shall constitute a
"security agreement" within the meaning of the Nebraska Uniform Commercial Code and
Pledgee will be accorded all rights and remedies of a "secured party" thereunder. Pledgee
agrees to hold the Annual Tax Increment Receipts for the sole and exclusive benefit of Pledgee.
Pledgor hereby covenants and represents with and to Pledgee as follows:
(a) _. The-Annual Tax Increment Receipts have not been pledged to any other
person or entity;
(b) The pledge hereunder creates a first perfected security interest in the
Annual Tax Increment Receipts;
(c) Pledgor will not pledge such Annual Tax Increment Receipts to any other
person or entity; and
(d) In the event that the Annual Tax Increment Receipts are in excess of the
amounts needed from time to time to pay the current payments due under the
Redevelopment Promissory Note, any excess payment shall be used to prepay the
Redevelopment Promissory Note.
SECTION 3-TERM. The term of this Agreement shall continue to be in effect for a term
commencing as of the date hereof and shall continue until the date on which the Redevelopment
Promissory Note is paid in full, other than by renewal, refinancing, rescheduling, reamortization
or consolidation with other loans or indebtedness; but in no event shall Pledgor's obligation to
segregate Annual Tax Increment Receipts extend beyond:
(a) the date upon which the Redevelopment Promissory Note is paid in full;or
(b) the date which is 15 years after the Effective Date of the Plan,
the earlier of such dates being hereinafter referred to as the "Termination Date," at which time
this Agreement shall terminate automatically. This Agreement may be terminated prior to the
Termination Date only upon written notice to the Pledgor from Pledgee and upon written
approval of Borrower.
SECTION 4 - PAYMENT OF REDEVELOPMENT PROMISSORY NOTE. The parties
agree that Pledgor shall pay over to Pledgee directly, from time to time, all sums received by
Pledgor as Annual Tax Increment Receipts for the purpose of paying the Redevelopment
Promissory Note, as the same become due and payable.
Security and Pledge Agreement, Page 3
#301122-v1
l
11.2.2004 File No. 16-274
SECTION 5 - LIMITED OBLIGATION AND DUTY OF PLEDGOR; DISCLAIMER.
Piedgo"r is not a party to;and-i -in-no manner personally liable for;-any payments or other
obligation to be performed under the Redevelopment Promissory Note, or any other document
or agreement entered into or delivered in connection therewith, excepting only this Agreement,
the Redevelopment Agreement, and as specifically set forth in the Redevelopment Promissory
Note. Pledgor shall be under no duty to invest any sums received by it hereunder or received in
respect of the Annual Tax Increment Receipts, nor shall Pledgor be required to disburse any
amount so held, except to Pledgee, or such other party or parties as Pledgee may designate in
writing to Pledgor. Pledgor expressly disclaims any representation or warranty that the Annual
Tax Increment Receipts will be sufficient at any time for any payment now or hereafter due
under the Redevelopment Promissory Note. Neither this Agreement, the Plan or any other
instrument or agreement entered into with respect to the Project shall in any manner be
construed as a charge against its credit or taxing power for any purpose whatsoever.
SECTION 6 - NO SETOFF. The funds held in the Annual Tax Increment Receipts shall
be held separate and apart from all other funds of the Pledgor and shall not be subject to setoff
by the Pledgor in any manner against any claim against the Pledgee, Borrower, or their
respective successors, assigns or affiliates.
SECTION 7 - ASSIGNMENT BY PLEDGEE; NOTICE. This Agreement may be
assigned by the Pledgee at any time upon giving written notice of such assignment to Pledgor.
In the event that Pledgee assigns this Agreement, such notification shall identify the Assignee
and the date of assignment at which time such Assignee shall succeed to all rights and benefits
of Pledgee hereunder.
SECTION 8 -COOPERATION; FURTHER ASSURANCES. The parties hereto mutually
agree to cooperate with each other in delivering any further documents, agreements,
instruments or further assurances reasonably necessary or appropriate to carry out the
agreements herein contemplated,and the purposes of the Act,the Plan and the Redevelopment
Agreement.
SECTION 9-AMENDMENT. This Agreement may be amended or modified, in whole or
in part, at any time by the written agreement by the parties hereto and approved in writing by
Borrower.
SECTION 10 - BENEFIT. This Agreement shall be binding upon, and inure to the benefit
of, the parties hereto and their respective successors and assigns.
SECTION 11 - INCORPORATION OF EXHIBITS. All documents and instruments
attached and marked as exhibits shall be fully incorporated in this Agreement.
Security and Pledge Agreement, Page 4
#301122-v 1
'
11.2.2004 File No. 16-274
SECTION 12 - NOTICES. All notices or other communications required or permitted
hereunder shail-be sufficiently given if In writing and deposited in the United States mail, first
class postage prepaid, and addressed as follows:
If to Pledgor: Omaha City Planning Department
Attn: Robert Peters, Director
City of Omaha
Suite 1111
Omaha/Douglas Civic Center
1819 Farnam Street
Omaha, Nebraska 68183-0111
With a copy to: Paul D. Kratz, Esq., City Attorney
City of Omaha
Omaha/Douglas Civic Center
1819 Farnam Street, Suite 804
Omaha, Nebraska 68183
If to Pledgee: First National Bank of Omaha
Attention: Senior Officer
Mortgage Loan Department
1620 Dodge Street, Stop 4300
Omaha, Nebraska 68197-4300
With a copy to: Ronald L. Eggers, Esq.
Gross &Welch
2120 South 72nd Street, Suite 1500
Omaha, Nebraska 68154
and
Kellom North Limited Partnership
do Al Goodwin
2221 North 24th Street
Omaha, Nebraska, 68111
Security and Pledge Agreement, Page 5
#301122-v1
11.2.2004 File No. 16-274
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in
their respective names as Of the day and-year first above written.
PLEDGOR:
CITY OF OMAHA,
A Nebraska Municipal Corporation
By:
Mike Fahey, Mayor
ATTEST:
APPROVED AS TO FORM:
L I�
Z Q J20ay
ASS-1 City A orney
PLEDGEE:
FIRST NATIONAL BANK OF OMAHA,
A National Banking Association
By:
Eric W. Musgjerd, Vice President
Security and Pledge Agreement, Page 6
#301122-v1
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NOTICE TO PUBLIC- THE DAILY RECORD
The followingen Ordinance has been set for� OF OMAHA
City Councilcilhearing onfJanuary.23,2001,t4
at 20 o'clock p.mo la. the Legislative RONALD A. HENNINGSEN,Publisher
Chambers, Omaha Douglas Civic Center,,
1819 Farnam'Street at calati hearing all PROOF OF PUBLICATION
persons interested,t�l Bard.
AN ORDINANC :pproving a
redevelopment and(5p aBiltainglip financing UNITED STATES OF AMERICA,
loan agreement wn 1319. Kellam North
Limited Partnersh032221 1J24th Street, The State of Nebraska,
Omaha, Nebraska.and 1187011.2p for an District of Nebraska, 1}8S.
effective date. • County of Douglas
ltJ BROWN, City of Omaha.
City Clerk
1-12-01
JOHN P. EGLSAER
being duly sworn,deposes and says that he Is
ADVERTISING MANAGER
• of THE DAILY RECORD,of Omaha,a legal newspaper,printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
January 12, 1001
That:saldNivAp per during that time was regularly published and
in,,g ral i`,8irg>el on in the County of Douglas, and State of
bl ter's Fee S 1�:.(. b . V
NOTARY j �AF • . ..
t;ri;1.°'r golopa sio....r.-.. E• i r-ri,:. in my presenT sworn to
x EXPtRL 12;:50, before methJ,dnu$Y 11 • Oill
yef
r+,, „„9"gY 6 2°9, of y 2 •
1 OF NEWOP Notary and r
tY
State of Nebraska
.
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-- "NOTICE TO PUBLIC" THE DAILY RECORD
. ORDINANCE NO.35463 OF OMAHA
AN ORDINANCE approving a
redevelopment and tax increment financing
loan agreement with the Kellom North RONALD A. HENNINGSEN,Publisher
Limited Partnership,2221 North 24th Street, PROOF OF PUBLICATION
Omaha, Nebraska and providing for an
effective date.
SUMMARY: UNITED STATES OF AMERICA,
AN ORDINANCE • approving a
redevelopment and tax increment financing The State ofNebraska,
loan agreement with the Kellom North District of Nebraska, ss•
Limited Partnership,2221 North 24th Street, County of Douglas,
Omaha, Nebraska and providing for an • City of Omaha,
effective date.
PASSED:January 30, 2001, 7-0
APPROVED BY: JOHN P. EGLSAER
HAL DAUB 2/8/01
MAYOR OF THE being duly sworn,deposes and says that he is
CITY OF OMAHA
BUSTER BROWN,
City Clerk _ ADVERTISING MANAGER
2-14-01
of THE DAILY RECORD,of Omaha,a legal newspaper,printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
February 14, 2001
i ‘ r •r during that time was regularly published and
/i_ „OW
',aft-, �,R'i,i in the County of Douglas, and State of
lV R/I cry i
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Pu sherWMFn6....._..••ie ..
k(11.\
.1.. C FSSION :* qe Ltd
utiona , ..... r.. Subscribed in my p 14th s to
� . 2oco 7} before meuPebruary 1..day of
t
.Notary f glee County.
• State of Nebr