RES 2000-0062 - Termination of lease with Waste Management of Nebraska for Omaha solid waste recycling center •
`., s� Public Works Department
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�� 1819 Farnam Street,Suite 601
z®r ri ..4 h January 4, .,20;00
Omaha,Nebraska 68183 0601
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(402)444-5220
PAo�4TFD FEBRVr�yry }� .,�+*},} #,,�, Telefax(402)444-5248
;AU,1 t Don W.Elliott,P.E.
City of Omaha
Hal Daub,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving the early termination of a lease with Waste
Management of Nebraska, Inc. for the Omaha Solid Waste Recycling Center located at 1515
North 6th Street. In accordance with the original lease agreement, Waste Management notified
the City that they would terminate the lease on April 30, 2000. The Nebraska Department of
Environmental Quality inspected the facility and indicated on October 15, 1999 that it had been
closed in accordance with the approved closure plan included in the original agreement. The
building is not now being used.
The City of Omaha Public Works Department would like to use the facility for a temporary
Northeast equipment facility until a permanent facility can be located and built. Both the City
and Waste Management are agreeable to the termination of the lease on January 1, 2000. The
reduction in the amount that the City would collect is $22,000 under the original agreement.
There is a small amount of equipment owned by Waste Management which they have requested
be allowed to remain in the building until May 1, 2000. This will not hamper its use by Public
Works.
The Public Works Department requests your consideration and approval of the attached
Resolution.
Respectfully submitted, Referred to City Council for Consideration:
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ate Ma Date
Don W. Elliott, P.E. Yor's Office/
Public Works Director
Approved as to Funding:
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Louis D'Ercole Cat) Date
Finance Director
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MOTION BY COUNCII.MEMBER W1/.14.) 14/6
I hereby move that Council Document No. 6'0 , Current Series, be amended as
follows:
I. Following the word "approved" in the last line of the
resolution, insert the language "subject to an agreement
with Waste Management of Nebraska, Inc. that the City has
no liability for Waste Management's property maintained
on the.premises".
APPROV D O
•
'ASSISTANT CITY EY DATE
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CITY OF OMAHA
PUBLIC WORKS DEPARTMENT
Sheet 1 of 1
CONTRACT CHANGE ORDER
R
Project No.Lease of the Omaha Solid.Waste Change Order No. ' 1
Recycling Center— 1515 North 6th Street
Contractor Waste Management of Nebraska, Inc. Ordinance Number: 33835 Date December 15,1999
- Item CONTRACT PRICE
No. ITEM AND DESCRIPTION OF CHANGES DECREASE INCREASE
Waste Management of Nebraska entered into a lease for the Omaha Solid Waste
Recycling Center on March 5, 1996, which was approved by Ordinance 33835. Such
lease provided for a term of 10 years unless terminated earlier by either party. This
Change Order No. 1 identifies April 30,2000, as the date of termination of the lease for
the facility.
1. Waste Management of Nebraska,Inc. did notify the City on or about April 26, 1999,of NA NA
their desire to terminate the lease effective April 30,2000.This meets the requirement for
the one-(1)year notice. Further the City has received notice from the Nebraska
Department of Environmental Quality,on October 15, 1999,that the facility has been
closed in accordance with the approved closure plan.A joint inspection of the facility was
performed on December 14, 1999,and no deficiencies were noted.
2. The Street Maintenance Division of the Public Works Department has identified a need $22,000
for the facility to be used as a storage facility for the Northeast District, beginning in
January,2000. Such need is expected to be ongoing. The City therefore requests and
Waste Management of Nebraska, Inc. agrees that the lease will be terminated effective
. January 1,2000.
3. Waste Management of Nebraska,Inc. desires to continue to store certain equipment at the
facility until May 1,2000. In consideration for the storage of the equipment, Waste
Management of Nebraska,Inc. agrees to leave certain improvements,being the additional NC
fence and gates that they had installed at the facility.
TOTAL DECREASE IN CONTRACT PRICE $22,000
TOTAL INCREASE IN CONTRACT PRICE
RENCE NET $22,000
9
1 ' •
Date / �'J
Accepted O'��
—hib.
(Waste Ma en nt) -f �j
Approved Date �/� / /J
(Division Manager)
77(2... 0
Approved / ' / (City Engineer) Dale
�
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Approved •
e.-c., .0, t Date / I/j .0
(Public Works Director)
PWD 109 ;
RELEASE FROM LIABILITY
Waste Management of Nebraska, Inc., acknowledges that the City of Omaha bears
no responsibility or liability for the equipment that is left remaining by Waste
Management of Nebraska, Inc., stored at the Omaha Solid Waste Recycling Center,
1515 North 6`h Street, Omaha, NE 68110. Such equipment may remain until Waste
Management has had an opportunity to remove it, but not later than May 1, 2000.
The City of Omaha has made no inspection of the equipment and cannot vouch for
the condition of the equipment.
Signe is Day f , 2000
By:
Print Name and Title: IA e,/ it--'`i
.CI OF OM A o �/y/°�
LEGISLATIVE'CHAMBER
Omaha,Nebr JAN ..Z000
•
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
•
WHEREAS, Waste Management of Nebraska, Inc. will terminate their lease on
the Omaha Solid:Waste Recycling Center on April 30, 2000 in accordance with their original '
lease agreement; and;
•
WHEREAS,the building is not now being used; and,
WHEREAS, the Street Maintenance Division of the Public Works Department
would like to use the building as a temporary Northeast equipment facility; and,
WHEREAS, the early termination of the lease on January 1, 2000, which will
reduce the amount that the City would collect by $22,000, is agreeable to both the City and j
Waste Management.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
}
THAT, the termination of the lease between the City and Waste Management of
Nebraska, Inc. on January 1, 2000 for the Omaha Solid Waste Recycling Center located at 1515
North 6th Street so that it can be used as a temporary Street Maintenance equipment yard is
hereby approved, subject to an agreement with Waste Management of Nebraska, Inc. that the
City has no liability for Waste Management's property maintained on the premises.
APPROVE S
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CITY A Y DATE
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By
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Adopted JAN h ..:000 CAS O.:.e/29'.
C. ,lerk
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