RES 1998-0780 - Amendment to agmt with Energy Systems Company for connection of FIrst National Bank operations/technology service center L/ 4c4 ?ji
v F o„,A,NE,e
U,.. � , Public Works Department
�' �0T ` Omaha/Douglas Civic Center
"r��C t !� 1819 Farnam Street,Suite 601
®, ' � ro March 31 , 1998 'g l ;pc Fri g �i Omaha,Nebraska 68183 0601
(402)444-5220
i3O,t FEBRt,- `C i 1,,1 ,! !' Telefax(402)444-5248
City of Omaha �`'" f t•ti i , ''4 f+ 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 First
National Bank Operations/Technology Service Center on 16th Street north of Capitol Avenue 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 the City Council for Consideration:
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Dow W. Elliott, P.E. Date Mayor's Office/Title Date
Public Works Director
Approved as to Funding: Approved:
ZA.A.' —*r----
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Louis A. D'Ercole �• Date George is, Jr. Date
Finance Director U S Human elations Director
P:\PW 1\5143.MAF
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 north of Captiol Avenue on 16th
Street as shown on Plat"II"attached hereto and made a part hereof. A
construction corridor approximately 10 feet wide and extending 433 feet north
and 28 feet east ending on First National's property and an additional shorter 10
foot wide segment from the centerline of 16th Street in the intersection of •
Davenport extending west 60 feet,would enable pipeline construction. This
construction corridor will allow steam and chilled water pipes to be installed for
the heating and air conditioning of First National Bank's Operations/Technology
Service Center.
2. All construction shall be substantially completed and street cuts shall be
closed no later than November 1, 1998.
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
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laws or Local Ordinances and further the Contractor shall comply with City
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 herein as "CITY"
� I
BY 0. ��1 � BY _
VP&General Manager Mayor
DATE 5-6'- ?8'
DATE /2/ff
TEST: A I"1'hST:
City Clerk
ROVE • ATTORNEY
(7)
. 1
. CHICAGO STREET
,
I
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NEW CITY OF OMAHA
PARKING GARAGE
x •
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11
FIRST NATIONAL BANK
OPERATIONS TECHNOLOGY
SERVICE CENTER
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DAVENPORT STREET •
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ZORINSKY FEDERAL
•
BUILDING •
• KEY-
F' C •
� MANHOLE •
• a GTaTTG ; iE EI
E • PROPOSED• PIPELINE
cn
NO SCALE
ESC
ENERGY SYSTEMS COMPANY
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CAPITOL AVENUE
1161111
a
DOUBLETREE HOTEL
A
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(Use of Streets, Alleys, and
Public Grounds or Portions
thereof)
Itnata 211. Alum bp tf eze Vrezentz:
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
TWp HUN RED OUSAND DO LA S $200 000.0
Nebraska, in the penal sum of i aw ul money in the
United States, for the payment of which sum well and truly to be made, we do hereby jointly and sever-
ally bind ourselves, our heirs, executors, administrators, personal representatives,successors, and assigns.
The conditions of the above obligation are such that:
WHEREAS said principal has made application for a permit to construct a Distrikt,it2Qn.,$ystem
...for..Steam. d.ti.U.ed.-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 suchhstribution
System for Steam and Chilled Waver 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 December , 19.135..
. Witness to:Sig t-pre of Principal: •
...Ei�IERGY..SYS'Th21S..(7l1PANY
,_.... `-4`{
.
• 1 PRINCIPAL
Address of Witness 1101 Tower Avenue
STREET 711E AMEK SURAICE 00/FANY
SURETY
Superior, Wisconsin 54880
r"TV STATE By...�, .�
ATTORNEY•LENt, Q ---
Robert L Kelly
DENT AGEN
APPROVED AS TO FORM:
ASSISTANT CITY ATTORNEY
I
• GtwfabEtttAL
k. PC;WETR OF
ATTORNEY T )AMERICAN INSURANCE COMh,
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 he
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 THE AMERICAN INSURANCE COMPANY
Allie
AV
ri.6* By
vice-President
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STATE OF CALIFORNIA,
ss.
CITY AND COUNTY OF SAN FRANCISCO I
On this 3rd day of October , 19 83 , before me personally came Richard Williams
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.
•
■uumisesstuuuttuttttluttnauusss I.snuuut■
OFFICIAL SEAL ?
SUSIE K. GILBERT -z• /Se.-..;
r NOTARY PUBLIC-CALIFORNIA E Notary Public
UTY i COUNTY OF SAN FRANCISCO
E My Commission Expires Nov. 17, 1984 CERTIFICATE •
ttlutttutus,sussis essualmessasNMeasuesuN l •
STATE OF CALIFORNIA, _
} ss.
CITY AND COUNTY OF SAN FRANC!..^^
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 DeceItlber 1985
s�ifir'" ".` Resident Assistant Secretary
4 cl co1�
960711-TA-5-81
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State of Wisconsin
County of Douglas c ss:
On. December 30, 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 American 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 stand and affixed my official seal, the day and-y\sar stated in this certificate above.
•
My Commission Expires February 5, 1989 : ,y''r.tLc v ;cam.•
Notary Public
-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr March 31, 19 98
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 First
National Bank Operations/Technology Service Center on 16th Street north of Capitol Avenue 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 First National Bank
Operations/Technology Service Center on 16th Street north of Capitol Avenue to the steam and
chilled water lines is approved.
APPROVED AS O FO
5_ ,4?ir
S ST Y ATTORNEY DATE
P:\PW 1\5144.MAF
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Adopted MAR ; 1 1998 2-o
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