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
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Councilmember
Adopted APR 1999 7-0
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