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RES 1999-0861 - Agmt with Children's Hospital for paving of Beverly Dr from Farnam Dr to Howard St ,/ * ( ''s r- �� ,� 74..ty RECEIVED i. Public Works Department .�` ;�= Omaha/Douglas Civic Center ��, ' l,� 'l =� April 6, 1999 99 grit'? 26 PM 1: 0 Suite u 1819FarnamStreet,S601 �A et, Omaha,Nebraska ite68183-0601 (402)444-5220 OAT�D FE?' 1 y ( t^ Telefax(402)444-5248 City of Omaha s'M d,,, #P1:El P,A.itaf4 it Don W.Elliott,P.E. Hal Daub,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving two Agreements with Children's Hospital concerning the funding for Street Improvement District No. 6862 which is the paving of Beverly Drive from Farnam Drive to Howard Street. Children's Hospital had previously submitted a letter of intent to provide the funding described below and this is the submission of formal Agreements. One Agreement concerns property owned by Children's Hospital southeast of the intersection of Beverly Drive and Farnam Drive. The Hospital will pay $50,000 in lieu of standard assessments toward the project for this property and will donate part of the land required to build a cul-de-sac. The other Agreement concerns property owned by Children's Hospital southeast of the intersection of Beverly Drive and Harney Street. The Hospital will pay $90,500 in lieu of standard assessments toward the project for this property. In both cases, the amount agreed upon will be assessed against the property detailed in the Agreements over a 10 year period, with interest, as would be a standard assessment. The Public Works Department requests your consideration and approval of the attached Resolution and Agreements. Respectfully submitted, Referred to City Council for Consideration: 6.2L4/ c `..--- 7\') 7-2M 3// 72<r31 . ii109 Don W. Elliott, �� Mayor's Office/Title P.E. Date Ma ' Date Approved as to Funding: This action has been reviewed and found to be in conformance with the Master Plan. i 7)71— 3-P7-fl Louis D'Ercole .6.N'1 ate Robert C. Peters Date Finance Director Acting Planning Director P:\PW 1\8914.SKZ AGREEMENT This AGREEMENT made and entered into by and between the City of Omaha, a Municipal Corporation of the State of Nebraska,hereinafter referred to as the "City"and Children's Hospital, a nonprofit corporation, hereinafter referred to as"Children's". WITNES SETH WHEREAS, Children's is the legal owner of certain real estate located within the City Limits southeast of the intersection of Beverly Drive and Farnam Drive; and, WHEREAS, Children's has requested the City to create a Street Paving District for the purposes of paving Beverly Drive to City Standards from Farnam Drive to Howard Street and to close off through traffic on Beverly Drive from the north; and, WHEREAS, Children's and the City have reached an agreement concerning the manner and extent to which public and private funds will be expended in connection with the improvement and the extent and method to which the cost of same will be specially assessed to the District. NOW THEREFORE,the following is agreed between the parties hereto: 1. That Children's acknowledges it is the sole owner of the property platted as follows: the irregular South 82.25 feet of Lot 3, Block 6; the irregular South 79.67 feet of the North 159.34 feet of Lot 3, Block 6; the irregular North 79.67 feet of Lot 3, Block 6; all Lots being within the Beverly Hills Subdivision 2. That Children's hereby petitions the City to create a Street Improvement District to be known as SID 6862 for the construction of a street, cul-de-sac, storm sewers, and any other related items. By this request, Children's agrees to waive its right to protest the creation of the District. 3. Children's agrees to dedicate to the City the right-of-way necessary to construct the eastern portion of a Standard cul-de-sac on Beverly Drive approximately 200 feet south of Farnam Drive at no cost. The exact location and size will be determined by the engineers who design the project. 4. After construction has been completed,the City shall prepare a special levy ordinance for presentation to the Board of Equalization to levy a special assessment against the property herein described as a lien against said property as provided by law.. Children's agrees to • pay and the City agrees to accept a fixed sum of$50,000 in-lieu of standard assessments towards the project. 5. The payment in-lieu-of assessments shall be payable over a period of 10 years at$5,000 per year plus interest at the rate of interest chargeable for special assessments in the year assessed. This Agreement runs with the land described herein and is binding upon the successors and assigns of the parties hereto. 6. With this Agreement, the City agrees to proceed with SID 6862 on an expedited basis. In return, Children's agrees to waive its right to challenge the amount being assessed, as long as the amount is the same as listed in this Agreement, and waives any challenge to the procedures used to create or assess the district. 7. Neither the City nor Children's shall, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, disability, political or religious opinion or affiliations, or national origin. 8. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City Agreement. 9. No changes may be made to this Agreement or any attachments thereto except in writing and agreed to by the parties. The Public Works Director of the City of Omaha shall have the authority to administer this Agreement on behalf of the City and to exercise discretion with respect to those matters contained herein so long as the project proceeds in general accord with the design referenced herein. 10. The City and Children's agree to do all things legal, necessary, or appropriate to carry out the terms of this Agreement and to aid and assist each other in carrying out its terms. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the parties as of the dates indicated below. Executed by Children's Hospital. this (' (-- . day of , 1999. • ess: : ei STA OF NEBRASKA ) ) ss. COUNTY OF OO U GL,J') The foregoing instrument was acknowledged before me this pil day of Arc 4 , 1999 by A i6 jl Oea h , Vaeale ja( on behalf of Children's Hospital. Name Title f VI/. a, )_a,,, . GENERAL NOTARY-State of Nebraska PHILLIP A.DEAN NotaryPublic � "' 1,:2 r';'I ...1 Comm.Exp.Sept 1,2001 -a, Executed by the CITY OF OMAHA,NEBRASKA this day of #.i,(, / 1999. Attest: By: / A City lerk ate Mayor date Approved as to form and content: "rf ism City Attorney date STATE OF NEB • SKA ) ) ss. COUNTY OF The foregoing instrument was acknowle•g-- .e . e me this day of 1999 by , _.or on behalf of the City of Omaha. Hal Daub Notary Public Agreemts/pediatric.doc 3 - r AGREEMENT This AGREEMENT made and entered into by and between the City of Omaha, a Municipal Corporation of the State of Nebraska, hereinafter referred to as the "City" and Children's Hospital, a nonprofit corporation, hereinafter referred to as"Children's". WITNESSETH WHEREAS, Children's is the legal owner of certain real estate located within the City Limits southeast of the intersection of Beverly Drive and Harney Street; and, WHEREAS, Children's has requested the City to create a Street Paving District for the purposes of paving Beverly Drive to City Standards from Farnam Drive to Howard Street and to close off through traffic on Beverly Drive from the north; and, WHEREAS, Children's and the City have reached an agreement concerning the manner and extent to which public and private funds will be expended in connection with the improvement and the extent and method to which the cost of same will be specially assessed to the District. • NOW THEREFORE, the following is agreed between the parties hereto: 1. That Children's acknowledges it is the sole owner of the property platted as follows: Lot 1, Block 0; Lot 2, Block 0; the North 12.5 feet of Lot 9 & all of Lot 10, Block 0; all Lots within Tegtmeiers 2"Replat. • 2. That Children's hereby petitions the City to create a Street Improvement District to be known as SID 6862 for the construction of a street, cul-de-sac, storm sewers, and any other related items. By this request, Children's agrees to waive its right to protest the creation of the District. 3. After construction has been completed, the City shall prepare a special levy ordinance for presentation to the Board of Equalization to levy a special assessment against the property herein described as a lien against said property as provided by law.. Children's agrees to pay and the City agrees to accept a fixed sum of$90,500 in-lieu of standard assessments towards the project. 4. The assessment shall be payable over a period of 10 years at $9,050 per year plus interest at the rate of interest chargeable for special assessments in the year assessed. This Agreement runs with the land described herein and is binding upon the successors and assigns of the parties hereto. 5. With this Agreement,the City agrees to proceed with SID 6862 and the street improvements on an expedited basis. In return, Children's agrees to waive its right to challenge the amount being assessed, as long as the amount is the same as listed in this Agreement, and waives any challenge to the procedures used to create or assess the district. t _ . 6. Neither the City nor Children's shall, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, disability,political or religious opinion or affiliations, or national origin. 7. Pursuant to Section 8.05 of the Home Rule Charter,no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City Agreement. 8. No changes may be made to this Agreement or any attachments thereto except in writing and agreed to by the parties. The Public Works Director of the City of Omaha shall have the authority to administer this Agreement on behalf of the City and to exercise discretion with respect to those matters contained herein so long as the project proceeds in general accord with the design referenced herein. 9. The City and Children's agree to do all things legal, necessary, or appropriate to carry out the terms of this Agreement and to aid and assist each other in carrying out its terms. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the parties as of the dates indicated below. Executed by Children's Hospital this (i day of l'(Gr61/1 , 1999. Witness: By: nAta V.- d.5,_.,6-. Narpe tle STATE OF NEBRASKA ) ) ss. COUNTY OF °Oa&,L/$ ) The foregoing instrument was acknowledged before me this atk day of AA , 1999 by Ail/ A. l2eah , Paral e a/ on behalf of Children's Hospital. A. Title ..,j0 aim 1 GENERAL NOTARY-state of Nebraska Notary Public PHIWPA.DEAN .-,-,;1.io,,-. My Comm.Exp.Sept 1.2001 4 * 2 :y Executed bythe CITY OF OMAHA,NEBRASKA this ,3 day of / , 1999. � Attest: By: tiT, 4 r• i Clerk ' ate May,: •ate Approved as to form and content: ant City Attorney date STATE OF NEBRA ) ss. COUNTY OF ) The foregoing instrument was ac wledge re me this day of 1999 by Ma on behalf of the City of Omaha. Hal Daub 1 Notary Public A g re emts/ch i l d ms.d o c 3 c-2SA CITY OF OMAHA • LEGISLATIVE CHAMBER Omaha,Nebr April 6, 19 99 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: • WHEREAS,both the City of Omaha and Children's Hospital desire to pave Beverly Drive from Farnam Drive to Howard Street; and, WHEREAS,the Street Improvement District No. 6862 was created by Ordinance No. , 34828 on February 23, 1999 for this purpose; and, WHEREAS,both the City and Children's Hospital desire to define the responsibilities of each entity and have negotiated two Agreements which by this reference become a part herein; and, WHEREAS, Children's Hospital has agreed to pay and the City has agreed to accept payments in lieu of standard assessments in the amounts detailed in the attached Agreements and for the properties detailed in the attached Agreements. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,the Agreements between the City of Omaha and Children's Hospital detailing the payments in lieu of standard assessments for Street Improvement District No. 6862,which is the paving of Beverly Drive from Farnam Drive to Howard Street, are hereby approved. APPROVED AS TO FORM: 3/I- AS ST ITY ATTORNEY DATE P:\PW 1\8915.SKZ By.... '74'f:14-16129(144... Councilmember Adopted APR 1999 7-0 City C� 0 Approved4' Mayor /� L i!III1it F td , ny t< z —r O 0-s CD to .p . . 1HiiJ cl .� • • \ • • Q is R. EL '• N • • • • • e