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RES 1999-0645 - Amendment to agmt with Energy Systems Company for connection of Continental Building to steam and chilled water lines 0141'HA•/4/ ��� `, '�'s� ' Public Works Department �� , o „ �j, Omaha/Douglas Civic Center z li ��- March 16, 1 999 c�J 13 2: 05 1819 Farnam Street,Suite 601 O .-} -,-:r^ao Omaha,Nebraska 68183-0601 601 ti (402)444-5220 Fo FEBR R ,�+.l Telefax(402)444-5248 City of Omaha 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 the Amendment to the Agreement of March 7, 1967, between the City of Omaha and Energy Systems Company to provide for the connection of the Continental Building at 209 South 19th Street to the system of steam and chilled water lines for heating and air conditioning of the building. The construction and maintenance of the connection to the system will be undertaken in accord with the terms of the Agreement and under a $200,000.00 bond prepared for the same. All expenses incurred in making this connection will be borne by Energy Systems Company. The Public Works Department requests your consideration and recommends your approval of the Amendment. Respectfully submitted, Referred to City Council for Consideration: :-.- - AR * 22/19 • 2-3 / , Date Mayor's Office/Title ate Don W. Elliott, P.E. y Public Works Director Approved as to Funding: Approved: x. , 1".' (49/91? Louis A. D'Ercolen ate de ro ge L. avi , r. Date Finance Director U Human R"ations Director • P:\PW1\4340.PJM ADDENDUM TO AGREEMENT OF MARCH 7, 1967 THIS AGREEMENT ADDENDUM, made and entered into by and between the City of Omaha, a Municipal Corporation, hereinafter called"CITY" and Energy Systems Company, a Nebraska Corporation, with its principal place of business in Omaha,Douglas County,Nebraska, hereinafter called "COMPANY". WITNESSETH THAT: WHEREAS, there has been executed between the CITY and COMPANY an agreement authorized by City Council Resolution No. 821 and passed March 7, 1967; and, WHEREAS, said Agreement provided in part for the issuance of an area and subway permit to extend to certain streets and areas owned by the CITY; and, WHEREAS, said Agreement has been amended from time to time and it is the mutual desire of the CITY and COMPANY to further amend said Agreement. NOW, THEREFORE, in consideration of the mutual benefits to the parties and the fulfillment of the covenants herein contained, the parties hereto do mutually agree to follows: 1. Paragraph 1 of the aforesaid March 7, 1967 Agreement shall be further amended by the addition thereto of the area between Douglas and Farnam,in 19th Street as shown on plat"Jr'attached hereto and made a part hereof. A construction corridor approximately 6 feet wide and extending 60 feet east and west across 19th Street and 15 feet south below the west sidewalk of 19th Street and 80 feet west into the alley between the Farm Credit Building and the Service Life Building and ending with a connection to Energy Systems existing main line the alley. This construction corridor will allow steam and chilled water pipes to be installed for heating and air conditioning of the Continental Building. 2. All construction shall be substantially completed and street cuts shall be closed no later than November 1, 1999. 3. COMPANY shall not, in the performance of this Agreement, discriminate or permit discrimination against any person because of race, sex, age, or political or religious opinions or affiliations in violation of Federal or State laws or Local Ordinances and further the Contractor shall comply with City L _ of Omaha Ordinance 28885 pertaining to Civil Rights and Human Relations. 4. Except as specifically amended by this Agreement Addendum,the terms and conditions of the original Agreement dated March 7, 1967, as amended, shall remain binding and in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed by the proper officials,thereunto duly authorized as of the dates below indicated. ENERGY SYSTEMS COMPANY CITY OF OMAHA, a Municipal Party of the second part, designated Corp. party of the first part, herein as "COMPANY" designated ;-rein as "CITY" :01 VP & General Manager Mayor DA 1'E /� /7 P DATE 3 / AT EST: ATTEST: • tiie,IS/GR7Er City lerk : CITY ATTORNEY North il DOUGLAS STREET Norwest Bahk Farm Credit r Continental Building Building I- w w w w CC I- it - I- Norwest Bank Service Life I Woodmen Park = Building = 1 ►— I- j o a, F A R N A M STREET KEY: r MANHOLE (Existing Pipeline Proposed Pipeline -77 (No scale) (PLAT ) ESC Proposeded Pipeline Extension to The Continental Building ENERGYSYSTEMS•C„.9MPANY P.O. BOX:899 1 • OMAHA,NE 68101-0899 • • • PERMITS AND INSPECTION DIV. Application ®�' Permit•f Omaha, Nebraska, December 30 19 85 To the CITY OF OMAHA: Z1je inberigneb, (hereinafter referred to as "applicant") hereby makes application for a permit to construct Distri huti c rt.S.ys.t. m.for..Stear.ani1.tl1ed..Water underneath, on, or above the street or alley or sidewalk or public ground space at No Street, adjacent to Lot , Block Addition, City of Omaha, of which this applicant is the record owner, said structure to be of the follow- ing dimensions: Con is s:l:.a d.k . stain• In consideration of the granting of said permit, the undersigned applicant hereby agrees to observe all the ordinances of the City of Omaha in the construction of such structure and to comply with all the provisions of present or future applicable ordinance or ordinances and laws pertaining to this application, to any permit granted, and to the aforesaid structure and its maintenance. Applicant further agrees that applicant will save and keep harmless the City of Omaha, its officials, agents, and employees from any and all loss or damage or claim for damages arising from or out of the use of the space or structure for which. application is hereby made; and hereby agrees: to maintain said street or alley or public ground in such a condition that the same shall at all times, after said structure is completed or such place is covered, be safe to public use; to fully and completely protect the City, its officers, employees, and agents against any and all litigation growing out of the granting of such permit of anything done under such permit; and to promptly and fully pay the compensation required to 'be paid under any present or future applicable ordinance or ordinances; and to immediately remove this construction and restore the street, alley, or public ground to its or their original condition in the event that applicant shall convey the abutting property in fee or fail to pay for the use of the space as provided for in any applicable ordinance, or in the event that the permit shall be revoked or the ordinance amended or repealed so as to terminate the right of this permit; and to this end agrees to furnish bond in TWO HUNDRED THOUSAND DOLLARS $200 )0 .00) the sum of FT x ANC0D D 8C8x�t 8, .: to thus protect the City, its officials, em- ployees, and agents. It is further agreed by applicant that, if after the permit herein asked for is granted and said appli- cant or any one acting through or under applicant shall violate any of the provisions of any applicable ordinance of the City of Omaha, now or hereafter enacted, or any applicable City regulation or any ap- plicable law with reference to the structure for which this application is made, the City of Omaha shall have the right and authority to immediately remove or order removed said structure from any part of any street, alley, or public ground in the City of Omaha, or remove or order removed of the structure located beneath the surface or on or above the surface of any street, alley, or other public ground in said City, at the expense of applicant. • It is further agreed that said permit shall be issued subject to all the restrictions contained in any present or future applicable ordinance, regulation, and law. • APPLICANT DPI • 172 • • (Use of Streets, Alleys, and Public Grounds or Portions thereof) knobs Zit Alen bp t jese VreSentS: That ENERGY SYSTEMS COMPANY as principal and THE AMERICAN INSURANCE COMPANY as surety are held and firmly bound unto the CITY OF OMAHA, a Municipal Corpo tion in the State of TW9 U RED IOU SAND DO LA S $200 000.0 Nebraska, in the penal sum of F� i aw ul money in the United States, for the payment of which sum well and truly to be made, we do hereby jointly and sever• ally bind ourselves, our heirs, executors, administrators, personal representatives, successors, and assigns. The conditions of the above obligation are such that: WHEREAS said principal has made application for a permit to construct a Distrib ij i, •.Syatem ..for..Steam.and.L9��11ed..Water on the street or sidewalk or alley or public ground space at No Street, adjacent to Lot , Block Addition, City of Omaha, to be issued by the City of Omaha, under applicable ordinance or ordinances, NOW, THEREFORE, if the said principal: shall receive a permit to construct suchDistribution System for Steam and chilled„>flamX and such principal or principal's heirs, executors, personal representatives, successors, or assigns shall save and keep the City of Omaha, its officials, employees, and agents free and harmless from any and all loss or damage or claim for damages arising from or out of the use of the space or structure for which said permit is given; and shall maintain said street or side- walk or alley or other public way or public ground in such a condition that said street or sidewalk or alley or other public way or public ground shall, at all times after such structure is completed or such space is covered, be safe for public use; shall protect the City of Omaha, its officials, employees, and agents against any and all litigation growing out of the granting of such permit or anything done thereunder; shall promptly and fully pay for the use of such space the compensation provided for in applicable present or future ordinance or ordinances; shall faithfully perform and observe all the terms of present or future applicable ordinance or ordinances and regulations of the City of Omaha and all present or future applic- able laws; and shall immediately remove this construction and restore the public premises to the original condition in the event that principal shall convey the abutting property in fee or fail to pay for the use of the space as provided for in any applicable ordinance, or in the event that the permit shall be revoked or the applicable ordinance amended or repealed so as to terminate the right to this permit, then this obli- gation shall be void, and otherwise it remains in full force and effect. WITNESS our hands and dated at Omaha, Nebraska, this ..30th.day of De.cerrber , 19.85.. Witness to,Sig atire of Principal: • ...ENE]3GY..SYSTEg..0 MPANY y �' r`o. .. Address of Witness 1101 Tower Avenue 1 PRINCIPAL STREET I�]E AMERICAN SURANCE COMPANY SURETY wi)1 Superior, Wisconsin 54880 ;./ STATE Y•1`ATTORNE4, .�. .: Robert L Kelly ` DEN AGEN APPROVED AS TO FORM; ASSISTANT CITY ATTORNEY . iGEN1RAL PL>WEP OF Arro:LNEY T__ .tMERICAN INSURANCE COMI-.. .Y KNOW ALL MEN BY THESE PRESENTS:That THE AMERICAN INSURANCE COMPANY.a Corporation duly organized and existing under the laws of the State of New Jersey, and having its principal office in the City and County of San Francisco, California, has made, constituted and appointed,and does by these presents make,constitute and appoint ROBERT L. KELLY, LOWELL N. MATTSON, MICHAEL L. KELLY and RICHARD W. ROCKWOOD SUPERIOR, WI jointly or severally its true and lawful Attorney(s)-in-Fact.with full power and authority hereby conferred in its name,place and stead,to execute.seal.acknowledge and deliver any and all bonds,undertakings.recognizances or other written obligations in the nature thereof - and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)•in•Fact may do in the premises. This power of attorney is granted pursuant to Article VIII.Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VIII,Appointment and Authority Assistant secretaries,and Attorney-in-Fact and Agents to accept Legal Process and Make Appearances. Section 30, Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September. 1966. and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary.and Resident Assistant Secretary of this Corporation,and the seal of this Corporation may be affixed or printed on any power of attorney. on any revocation of any power of attorney,or on any certificate relating thereto, by facsimile,and any power of attorney,any revocation of any power of attorney.or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation. IN WITNESS WHEREOF.THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President. and its corporate seal to be hereunto affixed this 3rd day of October 19 83 ..,•,4 THE AMERICAN INSURANCE COMPANY r 11 � � (�t&Lti: Np cc y Vice-Resident • STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO On this 3rd day of October , 19 83 , before me personally came Richard Willi ams to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Cor- poration described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF.I have hereunto set my hand and affixed my official seal,the day and year herein first above written. ■IIIIIIIIItimis 11111111NItI$IlII$I$11111111111111111■ OFFICIAL SEAL ? SUSIE K. GILBERT ," - " t NOTARY PUBLIC•CALIFORNIA Notary Public C CITY i cowry OF SAN RtANCISCO My Commission Expires Nov. 17. IWO CERTIFICATE • /111111/111/1ssesa 111a1aa11NINMialllleussassan11N1/ • STATE OF CALIFORNIA, } s s. CITY AND COUNTY OF SAN FRA'C:�','^ • I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CER- TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VIII, Sec- tions 30 and 31 of the By-laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney,are now in force. Signed and sealed at the City and County of San Francisco.Dated the 30th day of December 1985 s.w•, 44 1 1� Resident Assistant Secretary 360711-TA-5-81 • • State of Wisconsin County of Douglas es: On December 33, 1985 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Robert L Kelly known to me to be Attorney-in-Fact of The r1caI1 Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and ar stated in this certificate above. • My Commission Expires February 5, 1989 fr? .L /� j_-.rC�•4' Notary Public • C-25A= CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr xckt...l.Q., 19 99 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City of Omaha and Energy Systems Company entered into an Agreement dated March 7, 1967, to provide for the installation of steam and chilled water lines to provide heating and air conditioning services to buildings in the downtown area; and, ' WHEREAS,that Agreement has been amended since to provide for the connection of specific buildings and facilities to the system; and, WHEREAS,Energy Systems Company requests approval to connect the Continental Building at 209 South 19th Street to the system; and, WHEREAS, the Public Works Department has no objections to the request and recommends approval. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the Amendment to the Agreement between the City of Omaha and Energy Systems Company,dated March 7, 1967,to provide for the connection of the Continental Building at 209 South 19th Street to the steam and chilled water lines is approved. P:\Pw1\4341.PJM APPROVED AS TO FORM: ,31/1 7P SISTANT CITY ATTORNEY DATE By Counc ember Adopted M` ' 1 6 1999 ....7l r,� City rk Approved.... :� ,r `'4 ay 2-;44% { { S' , 7 cn w 0 6 c �. '-- �CD, p. CD t Cr 0 o n CD Z Nj PO 0 CD n0 0 174 ° w — o a nhI . E cD C p C - o'-�, CD a q\\ a r • • f. I - ti� , e . ..