RES 2000-0624 - Lease of Dewey Ave from ROW line of 24th St east to Yorkshire Development Ltd ,
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E C E I ��E LJ Public Works Department
� 00 FEB 1 8 p �, Omaha/Douglas Civic Center
Ti�Y/e.:tan n H 1 j' 0 / 1819 Farnam Street,Suite 601
f E' J „ February 29,i;;2000 �•,.� Omaha,Nebraska 68183-0601
... ! I' E: i i l (402)444-5220
Ao�r �t.i- 8 i �` 8 Telefax(402)444-5248
FD FEB0 Don W.Elliott,P.E.
City of Omaha Public Works Director
Hal Daub,Mayor •
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving a Right-of-Way lease of Dewey Avenue from
the east ROW line of 24th Street approximately 123 feet eastward to a dead end. Yorkshire
Development, Ltd. is the owner of 83% of the front footage of,the ROW. Yorkshire
Development owns five two-story brick apartments along both sides of Dewey Avenue. The
purpose of the lease is to control the access of people who are not renters or invitees through the
use of"Ban and Bar" orders in cooperation with the Omaha Police Department.
Representatives of the Police Department, Law Department, Planning Department, and Public
Works Department have met with the property owner and agree that this will better allow the
owners to bar people suspected of illegal activity from the property. For that reason, we support
Yorkshire's request to lease the stub street at no cost.
Yorkshire Development is proceeding with an attempt to vacate the property concurrently with
this application for a ROW lease of no more than one year. Because of the length of time it takes
to vacate a property, this lease will allow the owners and the Police to better control the property
until then.
The Public Works and Police Departments request your consideration and approval of the
attached Resolution and ROW lease.
Respectfully ubmitted Referred to City Council for Consideration:
Z Z cv ��
Don W. Elliott, P.E. ate Mayor's Office/T' Date
Public Works Director
Approved: Approved:
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Stanley P.102-4,-2
mm — Date Robert C. Peters Date
Acting Finance Director Acting Planning Director
Appro ed:
_.) l4.4611ce 2/iI/oo
Do ald Carey Date
P:\PW1\10071skz.doc Po ice Chief
'CITY OF OMAHA
PLANNING DEPARTMENT
PERMITS & INSPECTION DIVISION
LEASE APPLICATION
(See Reverse Side for Additional Information)
In addition to completing this form, the applicant must provide the following:
1. A dimensioned drawing of the land to be used. This drawing must include all existing improvements on city
property, i.e. curb, sign, posts, fire hydrants, etc., and the location of the property line. Show the area
(length and width) of City property to be leased.
2. Any other information requested by the Planning Department, and/or the Public Works Department
necessary to evaluate the proposed use.
3. Application fee of$25.00. (Fee not refundable.)
4. Bond (if.required-see back)
Street Address of private property adjacent to leased property2 3 01 -2 3 21 & 2 3 0 2-2 31 6 Dewey Ave
Legal Description of the private property Jots 1 -1 1 . Ernest & .Sweets 2nd Addition
Private Property Owner Yorkshire Development, Ltd. 10050 Regency Circle, Ste 101
(Name) Omaha , NE 6 81 1 4 (Address) 3 9 7-1 2 0 0 (Phone)
Applicant_gE/MAx Mnra,_g tars -8329 Lass S-t Oda, 6-8114 3-4-6 000
(If not property owner) (Name) (Address) (Daytime Phone)
Description of Intended Use Control—'df Parking .a.nd access to adjoining properties .
If application is for Radio/Phone Tower complete the following:
Replacement of existing pole Y N If replacement, height of existing pole
Ground space required if greater than 3 Sq. F>t Pole height to top of antenna
d zoa)
P Date
Applicant S nature
Date Adjacent Private Property Owner Signature
FOR OFFICE USE ONLY
( •) APPROVED ( ) APPROVED
( ) DENIED ( ) DENIED
•
Planning Director Date Public Works Director Date
CITY COUNCIL APPROVAL REQUIRED Y N ( ) APPROVED
CITY COUNCIL RESOLUTION # ( ) DENIED
DATE PASSED
ANNUAL LEASE FEE $
DATE LEASE ESTABLISHED Other Applicable Director Date
BY (FINANCE DEPT.)
LEASE NUMBER
THIS LEASE made and entered into this th day of ,2000 by and between the CITY OF
OMAHA,NEBRASKA,a Municipal Corporation, "City",and Yorkshire Development. Ltd., 10050 Regency Circle Suite 101
Omaha,Nebraska, 68114,"Lessee".
WITNESSETH,that the said City, in consideration of the rents, covenants and agreements hereinafter contained,to be paid, kept
and performed by the Lessee, by these presents does LEASE unto the Lessee for the period of one year from the date hereof the
following described real estate situated in the City of Omaha, in the County of Douglas, and State of Nebraska,to wit:
Parking,Land or Sign lease located at 2301 through 2321 Dewey Avenue consisting of approximately 5.700 Sq. Ft.
TO HOLD the same until such time as it shall be terminated pursuant to the Omaha Municipal Code,or the City shall declare it
necessary that the City should have possession of said real estate for public use or the making of public improvements. This lease
is subject to all utilities on,under,over or adjacent to the leased premises, and whatever property interests that are owned by such
utility. Lessee shall be responsible for the cost of any damages thereto,in any way arising out of or resulting from any activity,
use or operation on the Leased Premises.
LESSEE does hereby agree to pay rent for said real estate pursuant to the Omaha Municipal Code. However,if the applicable
rental rate is hereinafter changed by City Ordinance,Lessee agrees to pay thereafter the new applicable rate,whenever so charged.
Lessee shall pay all costs incurred in the installation, maintenance and removal of lessee's improvements and equipment on the
site.
Lessee agrees that at the expiration of the term above granted,or upon the failure to pay rent as herein provided, or whenever so
required by the City,Lessee will quietly and peaceably yield up possession of said premises to the City. And it is further
understood and agreed that the City,or any of its agents, shall have the right to enter upon said premises at any time and use the
same in such manner as may be required for the purpose of making any public improvements,whether such improvements be
grading, paving, curbing,guttering, laying sewers, or otherwise;and this lease and all rights and privileges granted herein are
subject to this right,which is hereby expressly reserved.
The Lessee covenants and agrees to indemnify and save harmless the City, its officers, agents and employees,their successors and
assigns, individually or collectively from all liability for any fines, claims, suits, demands, damages, actions or causes of action of
any kind and nature for personal injury or death,or property damage in any way arising out of or resulting;from any activity or
operation of the Lessee on the Leased Premises or in connection with its use of the Leased Premises or Leased Facilities and the
Lessee further agrees to pay all expenses in defending against any claims made against lessor. The Lessee and the City shall give
prompt and timely notice to the other of any claim made or suit instituted which, in any way, directly or indirectly, contingently or
otherwise, affects or might affect either party.
Lessee agrees to comply with all laws of the State of Nebraska and Ordinances of the City of Omaha, including Sections 34-141,
et. seq. of the Omaha Municipal Code. This Lease can only be assigned by and with the consent of the City,and all,the covenants
and agreements herein contained, shall be binding upon the respective heirs, executors, administrators and assigns of said Lessee.
Each party shall be solely responsible for and will defend and indemnify the other party, its agents, and employees, from and
against any and all claims, costs,and liabilities, including reasonable attorneys fees and costs, arising out of or in connection with
the cleanup, removal, or restoration associated with the indemnifying party's use of hazardous materials.
The City shall continue to be responsible for the maintenance and repair of the street surface.
ATTEST: Yorkshire Develo ent,Ltd.
By RE/MA, ore Realtors,managing agent
Mark S. overt,Presiden
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CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr February 29% 2000
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Yorkshire Development, Ltd. is the owner of 83% of the Right-of-
Way of Dewey Avenue from the east ROW line of 24th Street approximately 123 feet eastward
to a dead end; and,
WHEREAS, in order to better control illegal activity on the street in front of their
property, Yorkshire wishes to lease this portion of Dewey Avenue in order to enforce "Ban and
Bar" orders in cooperation with the Omaha Police Department; and,
WHEREAS, Yorkshire wishes to lease the stub street at no cost until an
application to vacate the street can reach the City Council; and,
WHEREAS, the Police, Planning, and Public Works Departments support the
granting of this lease.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the lease, for a period not to exceed one year, of Dewey Avenue from the
east Right-of-Way line of 24th Street approximately 123 feet eastward to a dead end to Yorkshire
Development, Ltd. at no cost, is hereby approved.
APPROVED AS TO FORM:
� �00
C Y ATTORNEY D TE
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