RES 1997-1203 - Agmt with Yant Testing Supply & Equipment Company for construction of industrial facility at 2309 N 15th St East . -124 //03 Y EYx 7Zi er/
OM B�' R E C L V E D Planning Department
NHA, .6
�. ,� ��
�j����, Omaha/Douglas Civic Center
��`�f"'+c�r n a 2 o F as . , 1819 Farnam Street,Suite 1100
c,®i'r r - N � �i i , " i Omaha,Nebraska 68183-0110
o f- �.l ..:r. (402)444-5200
(402)444-5150
o.4 FEBRV�s�4 CITY C f-`E '' Telefax(402)444-6140
+, i t,
City of Omaha May 6, 19 �.'.�. .fi, ��+;_.•)ii ` ��K:.�
Hal Daub,Mayor
Honorable President
•
and Members of the City Council,
The attached proposed Resolution authorizes the City to execute an Agreement with Yant Testing,
Supply & Equipment Company, 2610 North 18th Street East, Omaha, Nebraska 68110 for the
construction of a new facility in the East Omaha Industrial Park.
Yant Testing,Supply&Equipment Company at 2610 North 18th Street East is being displaced for
' the Secure Youth Confinement Facility project. The Company wishes to remain in the East Omaha
area and proposes to construct an approximately 2,800 square foot facility at an estimated cost of
$127,000. The Agreement provides that the City convey a site at 2309 North 15th Street East to the
Company for$1. The City will grade the site to one foot above the flood plain, install utilities in the
public right-of-way and pay,if required,the sewer connection fee. Estimated cost for these activities
is $45,000.
Yant Testing, Supply &Equipment Company has on file a current Annual Contract Compliance
Report Form (CC-l). As is City policy, the Human Relations Director will review the Contractor
to ensure compliance with the Contract Compliance Ordinance.
Approval of this proposed Resolution will retain Yant Testing, Supply& Equipment Company in
the East Omaha Redevelopment Area and will stimulate the development of the East Omaha
Industrial Park.
Your favorable consideration of this Resolution is requested.
Sincerely, Referred to City Council for Consideration:
flAb4/4/4/ ' t.11% • 007
1*j7Planning Director 'Date Mayor's Office/Title Date
Approved as to Funding: Approved:
2444VX---' /Z447 ,
,bicatk/17 47/617
ouis A. rco� Date �reor L. axis Jr. Date
g
flji
Acting Finance Dir for Actin Human Relations Director
Approve : --------62
......) cii, i sA jj_ 4.,/z /c., ,,, ,,,
Don W. Elliott, P.E. Date
P:\PLN2\5873.SKZ Public Works Director
'44
AGREEMENT
THIS AGREEMENT is entered into by and between the City of Omaha, a Municipal
corporation,in Douglas County,Nebraska(sometimes hereinafter referred to as "City"); and Yant
Testing, Supply &Equipment Company, 2610 North 18th Street East, Omaha,Nebraska 68110, a
Nebraska Corporation,(sometimes hereinafter referred to as"Yant"); for the industrial development
of the East Omaha Redevelopment Plan, Amendment Three Area.
RECITALS:
WHEREAS, on February 27, 1996,by Resolution No. 512,the City Council of the City of
Omaha approved the East Omaha Redevelopment Plan, Amendment Three which provided for the
development of a Secure Youth Confinement Facility and a business and industrial park; and,
WHEREAS,the City Council approved the City of Omaha's 1996 Consolidated Submission
for Community Planning and Development Programs on November 21, 1995, by Resolution No.
3038, setting out the City's Community Development Program for 1996; and
WHEREAS, the East Omaha Industrial Park was included in the 1996 Consolidated
Submission for Community Planning and Development Programs; and,
WHEREAS, Yant Testing, Supply&Equipment Company will be displaced from the site
of the Secure Youth Confinement Facility within the East Omaha Redevelopment Plan,Amendment
Three Area; and,
WHEREAS, Yant Testing, Supply & Equipment Company will invest a minimum of
$126,951 in a new facility within the East Omaha Redevelopment Plan, Amendment Three Area;
and,
WHEREAS,the East Omaha Redevelopment Plan,Amendment Three Area is located in the
Federal and State Enterprise Zones and a determination has been made that the East Omaha
Industrial Park project benefits low and moderate income persons; and,
WHEREAS,it is in the best interests of the citizens of the City of Omaha to develop the East
Omaha Industrial Park.
NOW, THEREFORE,in consideration of these mutual covenants, Yant Testing, Supply &
Equipment Company and the City of Omaha agree as follows:
Section 1. Definitions
1.1 "Contractor"shall mean-Yant Testing, Supply&Equipment Company(See Exhibit
«A»
1.2 "City" shall mean-the City of Omaha, a Nebraska Municipal Corporation.
1.3 "Director" shall mean- The Planning Director of the City of Omaha.
1.4 "East Omaha Redevelopment Plan, Amendment Three Area" shall mean-the area
bounded by Locust Street on the north, 21 st Street East on the east, Avenue "G"on
the South and Abbott Drive on the west.
1.5 "Property"shall mean- Lots 8, 9, 10, 11, 13, 14, and 15, Block 8, Goff Terrace, an
addition to the City of Omaha,as surveyed,platted and recorded in Douglas County,
Nebraska(commonly known as 2309 North 15th Street East).
1.6 "Yant" shall mean Yant Testing, Supply & Equipment Company (See Exhibit
1.7 "Redevelopment Project" shall mean - The Yant "Proposal for Yant Equipment
Company Building " submitted to the City of Omaha on February 27, 1997 and
attached hereto as Exhibit"B".
1.8 "CDBG" shall mean - that portion of the FY96 Community Development Block
Grant awarded to the City, as may be available for use specified herein and allocated
to the East Omaha Industrial Park Project.
1.9 "Deferred Payment Loan(DPL)" shall mean-a loan of CDBG funds the amount of
$45,000 for the cost of site preparation, public improvements and related expenses
- 2 -
described herein, made subject to the terms, conditions and provisions of the loan
agreement under which said loan is made, secured by a deed of trust on the Property,
which shall provide, inter-alia, that same shall become due and payable without
interest upon failure of the Contractor to comply with the terms of this Agreement
or upon the sale or transfer of ownership of the property, or portion thereof, or
interest therein by Yant for a term of ten(10)years from the date of execution. The
City's deed of trust will be subordinate to private financing in an amount not to
exceed$126,951. A transfer of all or any portion of the Property to all or any of the
shareholders of Yant shall not be deemed a sale or transfer of ownership of the
Property.
Section 2. Duties of the City
2.1 The City shall convey by Warranty Deed the property legally described as Lots 8, 9,
10, 11, 13, 14, and 15, Block 8, Goff Terrace, an addition to the City of Omaha, as
surveyed,platted and recorded in Douglas County,Nebraska to Yant for the sum of
One Dollar ($1.00) and other valuable consideration. The Property shall be
conveyed free of encumbrances except those of record.
2.2 The City agrees to undertake and complete the following:
2.2.1 Engineering, legal and administrative services for the preparation of all
design and construction documents and construction supervision necessary
for site preparation and the installation of public improvements associated
with an industrial area. Site work plans, drawings and schematics are to be
reviewed by the Planning Director and Yant. All contracts for services
pursuant to this Section will be similarly reviewed and must be approved by
the Planning Director prior to funding of such contracts.
2.2.2 Construction of public improvements and site preparation, including, but not
limited to, removal of subsurface debris and rough grading with clean fill
material to a level one (1) foot above the 100 year flood elevation on the
Property and installation of sewers and utilities within the public.
rights-of-way. Site preparation shall be completed prior to the conveyance
of the Property to Yant.
2.3 The City and Yant shall review and approve all plans for public improvements and
site preparation. The City shall thereafter complete such improvements and site
preparation at the City's expense.
2.4 The City shall pay fees for connection of the Property to the storm and sanitary sewer
system, if required.
- 3 -
2.5 The City shall provide and spread asphalt or concrete shavings on 15th Street East
from Avenue"H"to Avenue"G"prior to the conveyance of the Property to Yant.
Section 3. Duties of Yant
3.1 Yant agrees to develop the Property in conformance with its "Proposal for Yant
Equipment Company Building " submitted to the City of Omaha on February 27,
1997 and attached hereto as Exhibit"B", within eighteen months of receiving title
from the City.
3.2 Yant shall be responsible for the security and maintenance of the Property upon
receipt of the Warranty Deed from the city.
3.3 Yant shall contract for all architectural and engineering services for the preparation
of all design and construction documents, surveys, cost estimates and construction
supervision necessary for the Redevelopment Project.
3.4 Yant shall secure private funds in an amount not less than $126,951 as described in
Exhibit "B". Yant shall certify the availability of these funds to the Director in a
manner designated by him prior to closing.
3.5 Yant shall submit to the Director for his review and prior approval, all working
drawings, plans and specifications necessary or incidental to this Redevelopment
Project. In no event shall the City become obligated to make any payments for any
work performed,materials furnished, expenses incurred, or any other,expenditure of
whatsoever kind or nature. Yant shall not commence any work hereunder until such
time as it has received a written notice to proceed as issued by the Director, which
approval shall not be unreasonably withheld.
3.6 Yant shall ensure that all work performed and the construction as completed is in
compliance with all state, federal and local laws, ordinances, regulations and codes.
The Director shall assist Yant in the same manner the Director provides technical
assistance to other developers, during the construction phase,to ensure compliance
with such requirements.
3.7 Yant shall execute a promissory note and deed of trust securing the terms of this
Agreement and the City's DPL at the time the Property is conveyed to Yant.
Section 4. Mutual Agreements
Yant agrees, and the City states, that the City:
4.1 Is not acting as the Yant architect or engineer.
-4 -
4.2 Makes no warrantees, express or implied, as to the construction work.
4.3 Owes no duty to Yant or any other person that shall arise because of any inspection
of the premises by the City's agents or employees.
4.4 Shall be held harmless by Yant for all injury and damages arising by virtue of this
Agreement.
4.5 Will be deeded any unused lots and/or parcels of land which have not been utilized
in conformance with this Agreement in the event Yant breaches its duties under this
Agreement.
Section 5. Provisions of the Contract
5.1 Equal Employment Opportunity Clause. Attached hereto as Exhibit"C", and made
a part hereof by reference are the equal opportunity provisions of this Agreement.
5.2 Non-Discrimination. The Contractor shall not in the performance of this Agreement
discriminate or permit discrimination in violation of Federal or State laws of local
ordinances because of race, color, sex, age, political or religious opinions,
affiliations,national origin, familial status or handicap.
5.3 Captions. Captions used in this Agreement are for convenience and are not used in
the construction of this Agreement.
5.4 Applicable Law. Parties to this Agreement shall conform with all existing and
applicable city ordinances,resolutions, state laws, federal laws, and all existing and
applicable rules and regulations. Nebraska law will govern the terms and the
performance under this Agreement.
5.5 Interest of the City. 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. Any violation of this section with the knowledge
of the person or corporation contracting with the City shall render the Agreement
voidable by the Mayor or the City Council.
5.6 Modification. This Agreement contains the entire agreement of the parties. No
representations were made or relied upon by either party other than those that are
expressly set forth herein. No agent,employee or other representative of either party
is empowered to alter any of the terms herein unless done in writing and signed by
an authorized officer of the respective parties, pursuant to Section 10-142 of the
Omaha Municipal Code.
- 5 -
5.7 Assignment. Contractor may not assign its rights under this Agreement without the
express written consent of the City.
5.8 Strict Compliance. All provisions of this Agreement and each and every document
that shall be attached shall be strictly complied with as written, and no substitution
or change shall be made,except upon written direction from authorized officer of the
parties, pursuant to Section 10-142 of the Omaha Municipal Code.
5.9 Termination. If through any cause, Contractor shall fail to fulfill in a timely and
proper manner any obligations under this Agreement,or violate any of the covenants,
representations or agreements hereof, the City may, upon written notice,terminate
this Agreement, and may hold Contractor liable for any damages caused to the City
by reason of such default and termination.
5.10 Indemnification. Contractor shall indemnify and hold the City harmless from and
against: (1) any and all claims arising from contracts between Contractor and third
parties made to effectuate the purposes of this Agreement; and, (2) all claims,
liabilities or damages arising from the preparation or presentation of any of the work
covered by this Agreement.
5.11 Unenforceable Provisions. Any provision of this Agreement which is prohibited or
unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the
extent of such prohibition of enforceability without invalidating the remaining
provisions hereof or affecting the validity or enforceability of such provision in any •
other jurisdiction.
5.12 Nebraska Law. This Agreement shall be a contract made under and governed by the
laws of the State of Nebraska.
Section 6. Authorized Representative
In further consideration of the mutual covenants herein contained,the parties hereto expressly
agree that for purposes of notice, including legal service of process, during the term of this
Agreement,and for the period of any applicable statute of limitations thereafter,the following named
individuals shall be authorized representatives of the parties:
- 6 - �. .
(1) City of Omaha:
Planning Director
Planning Department
Omaha/Douglas Civic Center
1819 Farnam Street
Omaha,Nebraska 68183
(2) Contractor:
Yant Testing, Supply& Equipment Company
Donald L. Peterson
Vice President
2610 North 18th Street East
Omaha,Nebraska 68110
•
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
ATTEST: THE CITY F OMAH a Municipal Corporation
;-10%.-------->.:1(42
CIT LERK ,. DATE O OF THE CITY OF OMAHA DATE
WITNESS: YANT TESTING, SUPPLY &EQUIPMENT
COMPANY,a Nebraska Corporation
yk/97 OP
DATE DONALD L.PETERSON,VICE PRESIDENT
ATE 1 191
APPROVED AS TO FORM:
SISTAN T CI TT EY DATE
P:\PLN2\5994.SKZ
SCHEDULE OF EXHIBITS
Agreement
Exhibit Location Description
A 1.6 Articles of Incorporation, Bylaws and Corporate
Resolution
B 1.7, 3.1 Proposal for Yant Equipment Company Building
C 5.1 Equal Employment Opportunity Clause
P:\PLN2\5994.SKZ
l
- s -
A
Exhibit "A"
STATE OF
i NEBRASKA
., �` : ir
le
o f •r 6
'A
United States of America, ss. `�`' * �, ` '� Department
ep rtm nt of Nebraska
State of Nebraska }
ltiii
r� k,
I, Scott Moore, Secretary of State of the State of Nebraska do hereby
certify;
YANT TESTING, SUPPLY & EQUIPMENT CO.
was duly incorporated under the laws of this state on September 2, 1986,
and do further certify that no occupation taxes assessed are unpaid
and no annual reports are delinquent; articles of dissolution have
not been filed; and said corporation is in existence as of the date
of this certificate.
In Testimony Whereof, I have hereunto set my hand and
affixed the Great Seal of the State
of Nebraska on April 9
)s ,,,r.. in the year of our Lord, one thousand
'A,;t 4
..,..." ___.,1,‘„, nine hundred and ninety-seven.
,,�, .:;-NE Si4 ,lk` is
i615 nt‘r .
- V •fir'®� _; -?:'
,, ' 0 H• �.r -17 -- •'z ' 4riti••ttl ° ‘, SECRETARY OF STATE
•
of
•
Ira. " ,% l^ p••.....•••• 6�AP J• 6tk
ti
* ', 0
73:
',.i w 41 b s ' i ,r ti
e .�;ri •
— - --- .��t-ter-'
•
' S E P 2 1986 Receipt No. Q
STATE OF NEEIRASKA SS
SECRETARY'S OFFICE
F14,gd 7 paged_7�3 roll
ARTICLES OF INCORPORATION o ae„ n eggil.4.4,)
OFF SSecretaryOF Slate
• I;f �li
YANT TESTING, SUPPLY & EQUIPMENT CO. -1=6I•
OOpd
I
The undersigned, Dian K. Peterson, a natural person of
majority age, acting as Incorporator of a corporation under the
Nebraska Business Corporation Act, adopts the following Articles
of Incorporation for such corporation:
ARTICLE I .
The name of the corporation is Yant Jesting, Supply &
Equipment Co.
•
ARTICLE II .
The period of the corporation ' s duration is perpetual .
ARTICLE III`
The purposes and objects for which the corporation is
organized are:
(a) To conduct fuel tank testing, L. P. calibration
testing, and sale and service of related equipment.
(b) To engage in any lawful act or activity for which
corporations may be organized under the laws of the State of
Nebraska and which arc not forbidden by these Articles of
Incorporation .
ARTICLE IV.
The corporation shall have and exercise all powers and
rights conferred upon corporations by the Nebraska Business
Corporation Act and an} enlargement of such powers conferred by
subsequent legislative acts ; and , in addition thereto, the
corporation shall hove and exercise all powers- and rights, not
otherwise denied corpo:-ati.ons by the laws of the State of
Nebraska , as are nece:-sar.y, suitable, proper, convenient or
expedient to the attainment of the purposes set forth in Article
III above .
ARTICLE V.
The aggregate number of shares which the corporation shall
have authority to issue is 10 , 000 shares of common stock , and the
par value of each such share shall be $1 . 00 . A
-1-
483 -414
t .
ARTICLE VI .
In the absence of fraud , no contractor other transaction
between the corporation and any other person, corporation, firm,
syndicate, association , partnership, or joint venture, shall be
wholly or partially invalidated or otherwise affected by reason
of the fact that one or more directors of this corporation are or
become dire 'ors or officers of such other corporation, firm,
syndicate or association or member of such partnership or joint
venture, or are pecuniarily or otherwise interested in such
contract or transaction , provided , that the fact such director or .
directors of this corporation are : o situated or so interested or
both, shall be disclosed or shall have been known to the Board of
Directors of this corporation . Any director of the corporation
who is also a director or officer of such other corporation,
firm, syndicate , or association, or member of such partnership or
joint venture or is pecuniarily or otherwise interested in such
contract or transaction, may be counted for the purpose of
determining the existence of a quorum at any meeting of the Board
of Directors which shall authorize any such contract or
transaction and in the absence of fraud and as long as he acts in
good faith any such director may vote thereat to authorize any
such contract or transaction with like force and effect as if he
•
were not a director or officer of such other corporation , firm,
syndicate or association or a member of such partnership or joint
venture or pecuniarily or otherwise interested in such contract
or transaction . No director or directors having such disclosed
adverse interests shall be liable to this corporation or to any
stockholder or creditor thereof or to any other person for any
loss incurred by this corporation under or by reason of any such
contract or transaction , nor shall any such director or directors
be accountable for any gains or profits realized thereon .
ARTICLE VI1 .
This corporation reserves the right to amend, alter, change
or repeal at y or all provisions contained in these Articles of
Incorporation in the manner now or hereafrer prescribed by
statute, and all rights conferred upon stockholders herein are
granted subject to this reservation.
A1:'r:i C l,F. V I I I .
The street address of the .ini . Lai registered office of the
corporation is First and Wheeler Streets , Grand Island , Nebraska
68801 , and the name of the initial registered agent at such
address is Bruce :i . Smith .
ARTICLE IX.
The Incorporator ' s name and street address are Dian K .
Peterson , 1600 E. Manor Drive , Lincoln , Nebraska 68506 .
Executed this c,,-- day of , r)e Le
4111k
Ian . • soh, ncorporator
• -2-
484
BY-LAWS
OF
YANT TESTING, SUPPLY & EQUIPMENT, CO.
ARTICLE I.
MEETING OF STOCKHOLDERS ).�
1
Section 1. Annual Meetings. The annual meeting of the F�1�stockholders for the election of directors and for the trans-
action of such other business as properly may come before such
meeting shall be held each year within ninety (90) days after the
corporation's fiscal year end, at a time and place set by the
directors of the corporation.
Section 2. Special Meetings. A special meeting of the
stockholders may be called at any time by the President or the
Board of Directors, and shall be called by the President upon the
written request of stockholders of record holding in the aggre-
gate one-tenth or more of the outstanding shares of stock of the
corporation entitled to vote, such written request to state the
purpose or purposes of the meeting and to be delivered to the
President.
Section 3. Place of Meetings. Annual meetings or special
meetings of the stockholders shaLl be held at such place within
or without the State of Nebraska as shall be specified in the
respective notices or waivers of notice thereof.
Section 4 . Notice of Meetings. Except as otherwise re-
quired by statute, written or printed notice of each meeting of
the stockholders, whether annual or special, stating the place,
day and hour thereof and the purposes for which the meeting is
called, shall be given by or under the direction of the Secretary
at least ten but not more than fifty days before the date fixed
for such meeting, to each stockholder entitled to vote at such
meeting, of record at the close of business on the day fixed by
the Board of Directors as a record date for the determination of
the stockholders entitled to vote at such meetings, or if no such
date has been fixed, of record at the close of business on the
day next preceding the day on which notice is given, by leaving
such notice with him or at his residence or usual place of busi-
ness or by mailing it, postage prepaid and addressed to him at
his post office address as it appears on the books of the cor-
poration. A waiver of such notice in writing, signed by the
person or persons entitled to said notice, whether before or
after the time stated therein, shall be deemed equivalent to such
notice. Except as otherwise required by statute, notice of any
adjourned meeting of the stockholders shall not be required.
l-
-1 1011
-
Section 5. Quorum. Except as otherwise required by stat-
ute, the presence at any meeting, in person or by proxy, of the
holders of record of a majority of the shares then issued and
outstanding and entitled to vote shall be necessary and suffi-
cient to constitute a quorum for the transaction of business. In
the absence of a quorum, a majority in interest of the stock-
holders entitled to vote, present in person or by proxy, or, if
no stockholder entitled to vote is present in person or by proxy,
any officer entitled to preside or act as secretary of such
meeting may adjourn the meeting from time to time for a period
not exceeding twenty days in any one case. At any such adjourned
meeting at which a quorum may be present, any business may be
transacted which might have been transacted at the meeting as
originally called.
Section 6. Voting. Except as otherwise provided by statute
or by the Articles of Incorporation, and subject to the pro-
visions of Section 3 of Article VI of these By-Laws, each stock-
holder shall at every meeting of the stockholders be entitled to
one vote in person or by proxy for each share of the capital
stock held by such stockholder.
At all meetings of the stockholders except as otherwise
required by statute, by the ArticleS of Incorporation, or by
these By-Laws, all matters shall be decided by the vote of a
majority in interest of the stockholders entitled to vote present
in person or by proxy.
Persons holding stock in a fiduciary capacity shall be
entitled to vote the shares so held and persons whose stock is
pledged shall be entitled to vote, unless in the transfer by the
pledgor on the books of the corporation he shall have expressly
empowered the pledgee to vote thereon, in which case only the
pledgee or his proxy may represent said stock and vote thereon.
Shares of the capital stock of the corporation belonging to
the corporation shall not be voted directly or indirectly.
Section 7. Informal Action. Any action required to be
taken at a meeting of the shareholders, or any other action which
may be taken at a meeting of the shareholders, may be taken with-
out a meeting if a consent in writing, settihq forth the action
so taken, shall be signed by all of the shareholders entitled to
vote with respect to the subject matter thereof.
ARTICLE II.
BOARD OF DIRECTORS
Section 1. General Powers. The business of the corporation
shall be managed by the Board of Directors, except as otherwise
provided by statute or by the Articles of Incorporation.
-2-
giau
Section 2. Number. The number of directors shall be not yl
less than four (4) nor more than seven (7) , the exact number to
be decided annually by the stockholders. V
Section 3. Election. The directors shall be elected annually
by the stockholders. In all elections for directors every stock-
holder shall have the right to vote in person or by proxy, for
the number of shares of stock owned by him, for as many persons
as there are directors to be elected, or to cumulate said votes
and give one candidate as many votes as the number of directors
multiplied by the number of his shares of stock shall equal, or
to distribute them upon the same principle among as many candidates
as he shall think fit, and such directors shall not be elected in
any other manner. Elections of directors need not be by ballot.
Section 4. Term of Office. The directors shall hold office
until their successors are respectively elected and qualified.
Section 5 . Qualifications. No director need be a
stockholder.
Section 6. Removals and Resignations. The stockholders
may, at any meeting called for the purpose, by vote of two-thirds
of the capital stock issued and outstanding, remove any director
from office; provided, however, that no director shall be removed
in case the votes of a sufficient number of shares are cast
against his removal, which if cumulatively voted at an election
of directors would be sufficient to elect him.
The stockholders may, at any meeting, by vote of a majority
of such stock represented at such meeting, accept the resignation
of any director.
Section 7 . Vacancies. Any vacancy occurring in the Board
of Directors may be filled by the affirmative vote of a majority
of the remaining directors though less than a quorum of the
Board. A director elected to fill a vacancy shall be elected for
the unexpired term of his predecessor in office.
ARTICLE III.
MEETINGS OF BOARD OF DIRECTORS
Section 1. Regular Meetings. Regular meetings of the Board
of Directors may be held without call or formal notice at such
places within or without the State of Nebraska and at such times
as the Board may by vote from time to time determine. A regular
meeting of the Board of Directors may be held without call or
formal notice immediately after and at the same place as the
annual meeting of the stockholders or any special meeting of the
stockholders at which a Board of Directors is elected. _n
7
-3-
a t .
` t
r
Section 2 . Special Meetings. Special meetings of the Board
of Directors may be held at any place either within or without
the State of Nebraska at any time when called by the President,
Treasurer, Secretary or two or more directors, reasonable notice
of the time and place thereof being given to each director. A
waiver of such notice in writing, signed by the person or persons
entitled to said notice, either before or after the time stated
therein, shall be deemed equivalent to such notice. Notice of
any adjourned meeting of the Board of Directors need not be
given.
Section 3. Quorum. The presence, at any meeting, of a
majority of directors shall be necessary and sufficient to con-
stitute a quorum for the transaction of business, and except as
otherwise required by statute or by the Articles of Incorpo-
ration, the act of a majority of the directors present at a
meeting at which a quorum is present shall be the act of the
Board of Directors.
Section 4 . Manner of Acting. Any action required or per-
mitted to be taken at any meeting of the Board of Directors may
be taken without a meeting if a consent in writing, setting forth
the action so taken, shall be signed by all of the directors
entitled to vote with respect to the subject matter thereof.
ARTICLE IV.
OFFICERS
Section 1 . Number. The corporation shall have a President,
a Secretary and Treasurer, and such other officers, agents and
factors as may be deemed necessary.
Section 2. Election, Term of Office and Qualifications.
The officers specifically designated in Section 1 of this Article
IV shall be chosen annually by the Board of Directors and shall
hold office until their successors are chosen and qualified. The
President shall be chosen from among the, directors. No other
officer need be a director.
Section 3. Subordinate Officers. The Board of Directors
from time to time may appoint other officers, agents and factors,
including one or more Assistant Secretaries and one or more
Assistant Treasurers; each of whom shall hold office for such
period, have such authority and perform such duties as are pro-
vided in these By-Laws or as the Board of birectors from time to
time may determine: The Board of Directors may delegate to any
officer the power to appoint any such subordinate officers,
agents and factors and to prescribe their respective authorities
and duties.
Section 4 : Removals and Resignations. The Board of Di-
rectors may at any meeting called for the purpose, by vote of a ✓
-4-
11111
majority of their entire number, remove from office any officer,
agent, or factor of the corporation, or any member of any commit-
tee appointed by the Board of Directors.
The Board of Directors may at any meeting, by vote of a
majority of the directors present at such meeting, accept the
resignation of any officer of the corporation.
Section 5. Vacancies. Any vacancy occurring in the office
of President, Secretary, Treasurer or any other office by death,
resignation, removal, or otherwise shall be filled for the un-
expired portion of the term in the manner prescribed by these
By-Laws for the regular election or appointment to such office.
Section 6. The President and Vice President. The President
shall be the chief executive officer of the corporation and,
subject to the direction and under the supervision of the Board
of Directors, shall have general charge of the business, affairs
and property of the corporation, and control over its officers,
agents and employees. The President shall preside at all
meetings of the stockholders and of the Board of Directors at
which he is present. The President shall perform such other
duties and may exercise such other powers as from time to time
may be assigned to him by these By-Laws or by the Board of
Directors. The Vice President shall have the authority of the
President in the absence of the President or in the event of his
death, inability or refusal to act. The Vice President shall
perform such other duties and may exercise such other powers as
from time to time may be assigned to him by these By-Laws or by
the Board of Directors.
Section 7 . The Secretary. The Secretary shall:
(a) Record all the proceedings of all meetings of the
stockholders and the directors in a book to be kept for that
purpose;
(b) Have charge of the stock ledger (which may, how-
ever, be kept by any transfer agent or agents of the corporation
under the direction of the Secretary) , an original or duplicate
of which shall be kept at the principal office or place of busi-
ness of the corporation in the State of Nebraska; ,
(c) Prepare and make, at least ten days before every
election of directors, a complete list of the stockholders en-
titled to vote at said election, arranged in alphabetical order.
Such list shall be produced and kept at the time and place of
election during the whole time thereof, and subject to the
inspection of any stockholder who may be present;
(d) See that all notices are duly given in accordance
with the provisions of these By-Laws or as required by statute;
(e) Be custodian of the records of the corporation and
the Board of Directors.
-511111
-
d
(f) See that all books, reports, statements; certifi-
cates and the other documents and records required by law to be
kept or filed are properly kept or filed; and
(g) In general, perform all duties and have all powers
incident to the office of Secretary and perform such other duties
and have such other powers as from time to time may be assigned
to him by these By-Laws or by the Board of Directors or the
President.
Section 8 . The Treasurer. The Treasurer shall:
(a) Have supervision over the funds, securities,
receipts, and disbursements of the corporation;
(b) Cause all moneys and other valuable effects of the
corporation to be deposited in its name and to its credit, in
such depositories as shall be selected by the Board of Directors
or pursuant to authority conferred by the Board of Directors.
(c) Cause the funds of the corporation to be disbursed
by checks or drafts upon the authorized depositories of the cor-
poration, when such disbursements shall have been duly authorized;
(d) Cause to be taken and preserved proper vouchers
for all moneys disbursed;
(e) Cause to be kept at the principal office of the
corporation correct books of account of all its business and
transactions;
(f) Render to the President or the Board of Directors
whenever requested, an account of the financial condition of the
corporation and of his transactions as Treasurer;
(g) Be empowered to require from the officers or
agents of the corporation reports or statements giving such
information as he may desire with respect to any and all finan-
cial transactions of the corporation; and
(h) In general, perform all duties and have all powers
incident to the office of Treasurer and perform such other duties
and have such other powers as from time to time may be assigned
to him by these By-Laws or by the Board of Directors or the
President.
Section 9. Assistant Secretaries and. Assistant Treasurers.
The Assistant Secretaries and Assistant Treasurers shall have
such duties as from time to time may be assigned to them by the
Board of Directors or the President. �AI
Section 10. Salaries. The salaries of the officers of the \ ' Ij
corporation shall be fisted from time to time by the Board of
Directors, except that the Board of Directors may delegate to any
-6 1111
-
•
person the power to fix the salaries or other compensation of any
officers or agents appointed in accordance with the provisions of
Section 3 of this Article IV. No officer shall be prevented from
receiving such salary by reason of the fact that he is also a
director of the corporation.
Section 11 . Surety Bond. The Board of Directors may secure
the fidelity of any or all of the officers of the corporation by
bond or otherwise.
ARTICLE V.
EXECUTION OF INSTRUMENTS
Section 1 . Execution of Instruments Generally. All docu-
ments, instruments or writings of any nature shall be signed,
executed, verified, acknowledged and delivered by such officer or
officers or such agent or agents of the corporation and in such
manner as the Board of Directors from time to time may determine.
Section 2 . Checks, Drafts, Etc. All notes, drafts, accep-
tances, checks, endorsements, and all evidences of indebtedness
of the corporation whatsoever, shall be signed by such officer or
officers or such agent or agents of the corporation and in such
manner as the Board of Directors from time to time may determine.
Section 3 . Proxies. At all meetings of shareholders, a
shareholder may vote by proxy executed in writing by the
shareholder or by his duly authorized attorney in fact. Such
proxy shall be filed with the Secretary of the corporation before
or at the time of the meeting. No proxy shall be valid after
eleven months from the date of its execution, unless otherwise
provided in the proxy.
ARTICLE VI.
CAPITAL STOCK
Section 1 . Certificates of Stock. Every hol
der of stock in
the corporation shall be entitled to have a certificate, signed
in the name of the corporation by the President and the Treasurer
or the Secretary of the corporation, certifying the number of
shares owned by him in the corporation; provided, however, that
where such certificate is signed by a transfer agent or an assis-
tant transfer agent or by a transfer clerk acting on behalf of
the corporation and a registrar, the signature of any such Presi-
dent, Treasurer or Secretary may be facsimile. In case any
officer or officers who shall have signed, or whose facsimile
signature or signatures shall have been used on, any such certi-
ficate or certificates shall cease to be such officer or officers
of the corporation, whether because of death, resignation or
otherwise, before such certificate or certificates shall have
been delivered by the corporation, such certificate or certifi-
cates may nevertheless be adopted by the corporation and be
-7-
•
issued and delivered as though the person or persons who signed
such certificate or certificates, or whose facsimile signature. or
signatures shall have been used thereon, had not ceased to be
such officer or officers of the corporation, and any such deliv-
ery shall be regarded as an adoption by the corporation of such
certificate or certificates.
Certificates of stock shall be in such form as shall, in
conformity to law, be prescribed from time to time by the Board
of Directors.
Section 2. Transfer of Shares of Stock. Shares shall be
transferable only on the books of the corporation by assignment
in writing, by the owner thereof, his attorney legally consti-
tuted, or his legal representatives, upon surrender and cancella-
tion of the certificate or certificates therefor. Whenever any
transfer of shares shall be made for collateral security, and not
absolutely, it shall be so expressed in the entry of the transfer.
The corporation and its transfer agents and registrars, if
any, shall be entitled to treat the holder of record of any share
or shares of stock as the absolute owner thereof for all purposes
except as otherwise expressly provided by the laws of the State
of Nebraska.
Section 3 . Transfer Books. The Board of Directors shall
have power to close the stock transfer books of the corporation
for a period not exceeding fifty days preceding the date of any
meeting of stockholders or the date for payment of any dividend
or the date for the allotment of rights or the date when any
change or conversion or exchange of capital stock shall go into
effect or for a period of not exceeding fifty days in connection
with obtaining the consent of stockholders for any purpose;
provided, however, that in lieu of closing the stock transfer
books as aforesaid, the Board of Directors may fix in advance a
date, not exceeding fifty days preceding the date of any meeting
of stockholders, or the date for the payment of any dividend, or
the date for the allotment of rights, or, the date when any change
or conversion or exchange of capital stock shall go into effect,
or the date in connection with obtaining such consent, as a
record date for the determination of the stockholders entitled to
notice of, and to vote at, any such meeting and any adjournment
thereof, or entitled to receive payment of any such dividend, or
to any such allotment of rights, or to exercise the rights in
respect to any such change, conversion, or exchange of capital
stock, or to give such consent, and in such case such stock-
holders, and only such stockholders as shall be stockholders of
record on the date so fixed shall be entitled to such notice of,
and to vote at, such meeting and any adjournment thereof, or to
receive payment of such dividend, or to receive such allotment of
rights, or to exercise such rights, or to give such consent, as
the case may be, notwithstanding any transfer of any stock on the
books of the corporation after any such record date fixed as
aforesaid.
-8 1011
-
4 ,
•
Section 4. Lost Certificate. The corporation may issue a
new certificate of stock in the place of any certificate there-
tofore issued by it, alleged to have been lost or destroyed, and
the directors may, in their discretion, require the owner of the
lost or destroyed certificate, or his legal representatives, to
give the corporation a bond sufficient to indemnify the corpora-
tion against any claim that may be made against it on account of
the alleged loss of any such certificate or the issuance of such .
new certificate. A new certificate may be issued without re-
quiring any bond when, in the judgment of the directors, it is
proper so to do.
ARTICLE VII.
DIVIDENDS
The directors of the corporation may declare and pay divi-
dends on the outstanding shares of the corporation as is presently
authorized by Section 21-2043 R.R.S. and any amendments thereto
which may be adopted hereafter.
Before payment of any dividend, the directors of the corpora-
tion may set apart out of any of the funds of the corporation
available for dividends a reserve or reserves -for the proper
purpose, and the directors may abolish any such reserve in the
manner in which it was created.
A director shall be fully protected in relying in good faith
upon the books of account of the corporation or statements pre-
pared by any of its officials as to the value and amount of the
assets, liabilities and net profits of the corporation, or any
other fact pertinent to the existence and amount of surplus or
other funds from which dividends might properly be declared and
paid.
Dividends may be paid in cash, in property or in shares of
the capital stock of the corporation at par.
ARTICLE VIII.
AMENDMENTS
These By-Laws may be amended, revised or repealed at any
meeting of the Board of Directors or at any annual or special
meeting of the stockholders called for that purpose, of which the
notice shall specify the subject matter of the proposed amend-
ment, revision or repeal, or the articles to be affected thereby;
provided, however, that, except by unanimous consent of the
shareholders, the time and place for the election of directors
shall not be changed within sixty days next before the day on
which such election is to be held, and provided further that a
notice of any such change shall be given to each stockholder at
least twenty days before the election is held, in person or by
letter mailed to his last known post office address.
-9r
CERTIFICATE OF SECRETARY
The undersigned; being the duly elected; qualified and
acting Secretary of the within named corporation, does hereby
certify that the foregoing By-Laws, consisting of this page and
nine (9) preceding pages, constitute the initial official By-Laws
of this corporation.
Dated this 3rd day of September, 1986 .
•
4a&71-1 e u2-� /�ao~
Donald L. Peterso i ecretary
_lp...
F1 -
MINUTES IN LIEU OF
SPECIAL
T MEETING
OF
SHAREHOLDERS AND
RS OF
YANT TESTING► SUPPLY & EQUIPMENT, CO.
We, the undersigned, being all of the shareholders and
directors of Yant 'Testing. Supply & Equipment, Co. do hereby on
this 26th day of February, 1990► meet, act and agree as follows:
1 . We hereby waive any and all formal notice of this
agree that these minutes, when signed by
meeting, and we hereby 9special �
each of us , shall constitute and directorsl acts of this
meeting of the shareholders
2 . We hereby approve and ratify all of the acts of the
directors and officers of this
records relating toealimcorporate are wn
in the corporate books an
activities since incorporation. the
3 . As authorized by Article VIII of the By-Laws of
amend Article II. , Section 2 . of the
corporation, we do hereby By-Laws so that said section will hereinafter appear as follows,
to-wit:
ARTICLE II
BOARD OF DIRECTORS
"Section 2. Number .
The number of directors shall
(
ven (7) ,
be h not less than three decided annually more nbyethe share-
holders."exact number
holders."
q . We hereby acknowle8qh�ndt `Wer do hereby ace pton Johnson no gheris . !
in the employ of the Corporation
verbal resignation as a director and officer of the Coropration•
5 . We further acknowledge that
t Sharon
of hernson has ten I10) tshare6d
Stock Certificate No. 3 representing of he ten authorizee
of the common stock of the Corporation• be herebydoreherby the
and direct that Stack raofficers of the Corporation are
directedrcion and the appropriate
0
to cancel said shares and to cause such cancellation C The
be reflected i the official of theminute book corporation of tha ee directed and
appropriate officers $500.00_...�---
authorized to pay Sharon Johnson the sum of shares of
representing payment
in full for the aforesaid ten )
the common stock of the Corporation. elect the
As shareholders, we hereby unanimously
6 •
following three (3) persons to be the members of the Board of
Directors of this corporation: Ronald R. Arent, Donald L.
to serve
Peterson and Dian K. Peterson. Said serve until theirasur_CPGsors are
forthwith and shall
duly elected and qualified.
. G-
J
t.
APR-11-:+7 FRI 143 : 67 Y .r'ii tliuirricrl . ...�. - - - - . -
MXNUTES IN LIEU OF SPECIAL MEETING OF
SHAREHOLDERS AND DIRECTORS OF
YANT TESTING, SUPPLY 6 EQUIPMENT, INC.
We, the undersigned, on this 31st day of December, 1994,
meet, act and agree as followsY
1 . We do hereby waive any and all formal notice of this
meeting, and we do hereby agree that these minutes, when signed
by each of us, shall constitute the official acts of this special
meeting of shareholders and directors.
2. We hereby approve and ratify all of the acts of the
directors and officers of this corporation asothelscorporatemare
shown
in the corporate books and records relating
activities since incorporation.
3. As authorized by Article VIII of the By-Laws of the
corporation, we do hereby amend Article II. , Section 2. of the
By-Laws so that said section will hereinafter appear as follow$,
to-wit;
ARTICLE II.
BOARD OF DIRECTORS
"Section 2. Number. The number of directors shall be
not less than two (2) nor more than seven (7) , the
exact number to be decided annually by the
shareholders. "
4 . As shareholders, we hereby unanimously elect the
following two (2) persons to be the members of the Board of
Directors of this corporation: Ronald R. Arent and Donald L.
ctinue, Said
serveiuntilrs are to serve their successorsaarewith dutyand shall
electedand
continue to
qualified.
5. As directors, we hereby elect the following to hold the
following offices of this corporations
Ronald R. Arent President
Donald L. Peterson vice-President
Carrie A. Lesinger Secretary/Treasurer
Each of d
old
is/her
forthwithhe andoshallng serveicers untilsaall take successornishdulyhelectedoffice
and
qualified.
2
• CERTIFICATE OF CORPORATE RESOLUTION
OF
YANT TESTING, SUPPLY & EQUIPMENT CO.
I, Carrie A. Lesinger, do hereby certify that I am Secretary
of Yant Testing, Supply & Equipment Co. , a corporation organized
under the laws of the State of Nebraska, and that the following
is a true copy of a resolution adopted by the Board of Directors
of said Corporation at a meeting duly held on the 15th day of
March, 1996, at which a quorum was present; and that said resolu-
tion remains in full force and effect as of the date hereof:
"BE IT RESOLVED by the Board of Directors of Yant
Testing, Supply & Equipment Co. , a Nebraska corpora-
tion, that either Ronald R. Arent as President of the
Corporation or Donald L. Peterson as Vice President of
the corporation be, and they are hereby authorized to
execute any and all legal documentation on behalf of
the corporation and that the execution thereof by
either of said officers shall bind the corporation to
the faithful performance of all obligations imposed
upon the corporation pursuant to any of said documenta-
tion. "
I do further certify that the foregoing resolution and the
authority of the Directors to adopt the same is in conformity
with and in no way limited by the Articles and By-Laws of the
Corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name this
4/3' day of February, 1997 .
66-0.
Carrie A. Leisinger, cretary
G: 05/corp/yant/certres
• FEB727-97 09 :37 AM YANT EQUIPMENT INC. 402 4
•
- Exhibit "B"
•
.•
Ayars&Ayars
13322"1"ST • P..O.(OX 371G7 • OMAIIA, MIKA Gfl 117 0157 • (402)453 6600 • FAX(402)334.5489
February 25 , 1997
r . Don : Peterson
Yant Equipment Co. inc .
2200 Folsom Street
Lincoln, Nebraska 68522
Re : Office & Warehouse Building - 2, 800 Square Feet
15th Street & Avenue G
Omaha, Nebraska
Dear Mr . Peterson :
We are pleased to submi.t our updated proposal to provide our
design and construction services for your new building. This is a
challenging project and one we arc very excited about having the
• opport.uniLy to work with you on .
Our revised pricing is in conjunction with our initial proposals _
dated October 23 , November 11 , and December 2, 1996 and the
following scope as outlined below.
General Conditions
Taxes and insurance,
Supervision,
ArchiLec.Lural drawings and building permits,
Layout for new walls,
Clean up of coflsLruction debris,
No winter charges have been provided with this proposal,
Sitewirk
lcari.ng, eart.h£ill and grading of building site area will
be the responsibility of others .
All landscaping, parking barriers and fine grading will be
the responsibility oC the Owner.
Concrete
Individual- buildings footings will be sized per the assumed
2 , 000 psf soil hearing pressure, an 8" wide reinforced
trench footing will be provided al the perimeter of the
buildings .
1
•
UMAHA • LINCC)LtJ
. FEB, 27-97 09 :38 AM PANT EQUIPMENT INC. 402 475 7929 P. 03
•
_ Yant Equipment Company
Page 2
A 4 " thick (5" in shop area) concrete floor slab will be
provided for the office and storage areas, including
under the mezzanine level .
The floor slab wi.11 be slab on grade construction with a
steel troweled finish.
Exterior concrete will consist of two (2) 5 " thick concrete
approaches and one ( 1) drive , all sidewalks will
utilize 4" thick concrete, a broom finish and curing
compound will be applied .
The exterior paving will utilize standard duty 5" thick
asphalt paving over a compacted earth subgrade provided
at the parking and drive area . A quantity of 3 565 sf
asphalt paving (no curbing) has been provided.
An alternate to provide a floor drain in the shop area, has
been included within this proposal .
Metals
The structural system for the new buildings will be as
follows :
40 ' -0" wide (clear span) ,
70 ' -0" long (1 bays 0 20 ' -0" & 2 bays @ 25 ' -0" ) ,
20 ' -0" nominal cave height at sidewall,
The lap seam panel roof system will utilize 26 gauge steel,
with Aluminized (or Galvalume) coating, warranted for
twenty (20) years .
The wall panel will utilize 26 gauge steel , screw fastened
to the girt system, the factory applied finish is
warranted for. ten (10) years.
Building Accessory Items :
Three (3) 3 ' -0" x 7 ' -0" high 20 gauge steel personnel
doors with ] ockscts, a half glass entrance door
will be provided,
One (1) 12 ' -0" wide x 14 ' -0" high commercial framed
opening,
Gutters and downspouts will be provided,
Carpentry
All interior partition walls , as shown on the project
drawings, will be constructed with wood or metal studs
and covered with with gypsum wallboard applied to studs
and finished ready to paint .
rnn.ct rite,.. -1 uP_-ejlQlnePred wood trusses
1
FEB-27-97 09 :38 AM YANT EQUIPMENT INC. 402 475 7929 P. 04
•
Yant Equipment Company
Page 3
•
Moisture Protection
One inch (R-5) of rigid foundation insulation will be
provided at the perimeter of the building.
The exterior walls and roof area will receive 4 "
reinforced white fiberglass blanket insulation .
Doors
Solid core wood and hollow metal doors and frames with
hardware will be provided as shown on the project
drawing .
One (1) 12 ' -0" wide x 14 ' - 0" high overhead door has been
provided. The overhead door will be an insulated steel
door with a metal backing plate, standard track and
operator ,
Windows
An allowance of $ 2 , 600 . 00 has been included for all
material and installation of the aluminum framed
• windows, as shown on the project drawings .
Finishes
The ceiling within the office area will be a suspended
acoustical ceiling Lile, placed at the height of 8 ' -0" .
An alternate to provided a ceiling in the storage room
has been included within this proposal .
Carpeting, vinyl floor tile vinyl base and floor prep will
be provided for the office area, an allowance of
$ 1 , 500 . 00 has been provided for all material and
installation .
The interior partition walls will receive two (2) coats of
latex paint .
All hollow metal doors and frames will receive two (2) coats
of a semi -gloss enamel paint .
All wooc] doors will receive a stained and varnished /
lacquered or painted finish as chosen.
Specialties
ToilcL accessories per restrcom will be as follows :
• Two (2) paper towel dispensers,
Two (2) framed mirrors,
Two (2) rolled paper holders,
•
One (1) pair handicap grab bars,
Two (2) shower curtains and rods,
Fire extinguishers will he provided by the Owner .
Building signage and entrance canopy will be provided by the
Owner.
4
, 'FEB-27-97 09 :39 AM PANT EQUIPMENT INC. 402 475 7929 P. 05
Yant Equipment Co .
Page 4
•
Plumbing
Service : A standard water service from the city tap (at
SLreeL) ,
A standard sewer service from the city tap (at
street:) ,
Gas piping for unit heaters and furnace,
Building water, gas, waste and venting has been
provided per building codes,
Fixtures : Two (2) white stools and seats,
Two (2) restroom sinks and faucets,
One (1 ) drop-in counter sink,
{ Two (2) fiberglass (36" x 36") shower stalls,
Two (2) 2" diameter floor drains,
One (1) water heater, 40 gallon capacity,
• Heating and Air Conditioning
The office area has been designed as follows :
Gas fired forced air furnace, 75, 000 BTU capacity,
Air conditioning - 2-Lon capacity,
Fresh air venting of restrooms, •
Registers, grilles and diffusers for a complete system,
The warehouse area has been designed as follows :
One ( 1 ) forced air unit heater, 100 , 000 BTU total
capacity,
Electrical
Service :
One ( 1) 200 amp , single phase service , OPPD
transformer set within 10 feet of building,
Fixtures :
Eight (8) 2 ' -0" x 4 ' -0" lay-in fluorescent fixtures,
Fourteen (14) 8 ' -0" 2-bulb fluorescent light fixtures,
Tyr.-. ( .^. ) 1 . 0 " larig flu: rnocacnt light otr-ipn with
shades for shop office,
Four (4 ) 150 watt HPS wall packs , for exterior
lighting,
Three (3 ) emergency lights and three (3 ) exit and
emergency lights,
Wiring :
Wiring and hook up of heating equipment, vent fans,
door operator and wall outlets,
•
. FEB-27-97 09 :40 AM PANT EQUIPMENT INC. 402 475 7929 P. 06
a '
•
Yant Equipment Company
Page 5
Base Proposal:
We hereby propose to provide the work outlined above including
all materia] s, labor, and sales taxes for the LUMP SUM price of :
($ 143 , 912 . 00 )
Alternates
(1) To provide a 24 " x 24" floor drain, cast into concrete
floor, for the ADDED amount of :
($ + 1, 973 . 00 )
(2 ). Delete all floor covering allowance from scope of work, for
the DEDUCTED amount of :
($ - 1, 500 . 00 )
(3) Delete all painting from scope of work, for the DEDUCTED
amount of :
($ - 2, 925 . 00 )
(4 ) Delete asphalt paving from scope of work, gravel or other
surface provided by others, for the DEDUCTED amount of :
($ - 5, 214 . 00 )
(5) Delete electrical from scope of work, electrical work
provided by others, for the DEDUCTED amount of :
($ - 9, 225 . 00 )
Revised Proposal Amount:
After acceptance of alternates listed above,
($ 126, 951 . 00 )
END OF PROJECT QUOTATION
• FEB-.27-97 09 :40 AM YANT EQUIPMENT INC. 402 475 7929 P. 07
Yant Equipment Company
Page 6
•
•
Thank you for your consideration. We are looking forward to
working wi Lh you on this project .
Very trul yours,
Gene Prososki
Ayars & Ayars, Inc .
• FEB-,27-97 09 :41 AM YANT EQUIPMENT INC. 402 475 7929 P. 08
AI
. . : •
: • 15TH STREET . .
--,
.
• / 144'
- - - - --. •• OP 11.11•1 4111E
•. • .
121315ET6ACK •
rp ril
I :, . :. z_i .. .••.
I
it= -N3 . . •
(A r-- 1 . - _ , .___ _ _ .....•,....„. ...._-_ ....1
cl > . . .
.. -
. :
I
o .,.
--II
. - .3 :. . ..Or l. . , ... ....___-_.___ ::......._
.1.--•
-..-.:,:-•-i- .:-..... ------- . 1
. ,
I -
.. -..-,.,-7 ,.., : -.,:•.-:.:..7.,
... 1
.
•
. .; . _.._ .. ••— I
•
49' 1 • I N
i
I :
. '
•
I
1
i
i
I . .
•• 1
I
0 .
• i
• . .,
• • .
. .
: .
. , .
, .
I :
.. . :
•
• , , . . .,.
•
> r 25'5ET13ACK
Z
---i I
m I
sz) s
KI --- — — .. nliiM
rri 193'
Z
--1 .----• • ---• _____. _____ .
. . 1GTH STREET .
4/
,.•:Vi:',..4 :
FFR-77-97 P19 _47 AM PANT FrrI I T PMFNT T Nf:_ 4R7 47S 7979 P_ q9
. a , . .
•
. F 20'0" - - •
, T .•_..••• . ....._ 20'0" ------------.
DO / I
1
O FLOOR 1 i I
° 73
-' --Q JOISTS ~ I / Ix
_ Z. 1 I AQ
g
> j
rnI Z. I ; — — �\I
di. ...-
ril-
rn I
N
I
1
•— - .._. ••
z
O g 1
N g { �
X }""..........1
-.7-==.:..7. il) 87- .
•. ". ___________ . i/,. 16 Q •
Q
.._ ....... ..... ...
.-2.-1 Q
, / / [ ) . ,
r--1
m Ai. . .,
.
i r j
11 _ �n
pI N a N
p
M
-71
m
• FEB—r27-97 09 :42 AM YANT EQUIPMENT INC. 402 475 7929 P. 10
.^ • ) ' '
. . ..
R -T1
e 1
rr
. z •
..._
= --------•
—= r-
•---
.. ..\•
< \
> ,
0 ----
.,......._ --
.-7:-.:::........:.. -„-..-7 -. ._ . ..:::, .--.
7" (-1) C 0
5 u .i, ..,Al ,,, , .. :- , 7' m r
rrl M e A.%• 4. .., ...e 4r,,.el v.: ..., ,
.,.::: :11:..6::II.i -----'j.-
lk-.1 • ' 't 1 4 ''' . it'
----r.r. M .•,,,..h .0: -,,-,, NE,,,,....:•;:i, 1.'rite),,:.: -•-- '..,;.....:
,, ,
4
r,•„e... 71'.1 ler
z7 •••`?..:_,'A...... '.. C)
4p'e. • 'a=i c.1.04. •• 7______:'::.
•y.., 4. a Lt • •
—k ...,i 4 ,ritilf7:y fly, '5'I/
——-- — . ,...._.... 71,4 u •::P, 'Ak•0,:. p•. •.I. 4, .---
., . \...
' ' il....Z1E. t.i :4)4 •
Z
••' *lit:: 6.• '-.------ '‘'. '---
•.'4.7,1.-,,,k, . •••., _____.•..._ ..______.___-_,;',
• . . . ..
• - -•- -
• •.....-......tyr. ,.. , ....-•••.- -• ----••-•-•••• -----,_'.7;.•-•
,•;;;11..)0 •.• . -
, . .
-:!-...T....4.3-.1 .....is - I_,,,.,.
I
. •,• 1..)
_.,........
Z-------7i - s.•, _.... .. . . _ .
-, \„\
—1 . ___
. , • - -
M --
-----•-,:-.,-•,--,--
18 .----- . •
---........,------,. .....,••••••••.,,.-••••--...,• , .,....„
'/. ' .• . ,. .f
..•• - - „. r r„
• . • ' "CI r••••••
, , C
NI -i a.,i•••-- \s.
' ...
• ...‘ II
-- a
- -----
........1._.....-.... ....„,-.......
--f-- " •--.. :-
•
___.....,........,.__
CO
•
i,
• Exhibit "C"
EQUAL EMPLOYMENT T OPPORTUNITY CLAUSE
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor shall not discriminate against any employer applicant for employment
because of race,religion,color,sex,national origin,or disability as defined by the Americans
With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take
affirmative action to ensure that applicants are employed and that employees are treated
during employment without retard to their race, religion, color, sex or national origin_ The
Contractor shall take all actions necessary to comply with the Americans With Disabilities
Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to,
reasonable accommodation. As used herein, the word "treated" shall mean and include,
without limitation, the following.: Recruited, whether advertising or by other means;
compensated; selected for training, including apprenticeship; promoted; upgraded; demoted;
downgraded; transferred; laid off; and terminated. The Contractor agrees to and shall post
in conspicuous places,available to employees and applicants for employment,notices to be
provided by the c9ntracting officers setting forth the provisions of this nondiscrimination
' clause.
(2) The Contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, religion, color, sex, national origin, or disability as
recognized under 42 USCS 12101 et seq.
(3) The Contractor shall send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contract or understanding a notice advising the
labor union*or worker's representative of the Contractor's commitments under.the Equal
Employment Opportunity Clause of the City and shall post copies of the notice in
conspicuous places available to employees and applicants for employment
(4) The Contractor shall furnish to the contract compliance officer all Federal forms containing
the information and reports required by the Federal government for Federal contracts under
Federal rules and regulations, and including the information required by Sections 10-192 to
10-194, inclusive, and shall permit reasonable access to his records. Records accessible to
the Contract Compliance Officer shall be those which are related to Paragraphs (1) through
(7) of this subsection and only after reasonable notice is given the Contractor. The purpose
for this provision is to provide for investigation to ascertain compliance with the program
provided for herein.
(5) The Contractor shall take such actions with respect to any subcontractor as the City may
direct as a means of enforcing the provisions of Paragraphs (1) through(7)herein, including
penalties and sanctions for noncompliance; however, in the event the Contractor becomes
involved in or is threatened with litigation as the result of such directions by the City, the
G _'
•
• t.
•
City will enter into such litigation as necessary to protect the interests of the City and to
effectuate the provisions of this division; and in the case of contacts receiving Federal
assistance, the Contractor or the City may request the United States to enter into such
litigation to protect the interests of the United States.
(6) The Contractor shall file and shall cause his subcontractors,if any,to file compliance reports
with the Contractor in the same form and to the scone extent as required by the Federal
government for Federal contracts under Federal rules and regulations. Such compliance .
reports shall be filed with the Contract Compliance Officer. Complianr"reports filed at such
times as directed shall contain information as to the employment practices, policies,
programs and statistics of the Contractor and his subcontractors.
(7) The Contractor shall include the provisions of Paragraphs (1) through(7) of this Section,
"Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or
purchase order so that such provisions will be binding upon each subcontractor or vendor.
•
•
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS, that the CITY OF OMAHA, a Municipal
Corporation in the State of Nebraska, hereinafter referred to as CITY, in consideration of One
Dollar ($1.00) and other valuable consideration in hand paid, does hereby grant, bargain, sell,
convey and confirm unto Yant Testing, Supply & Equipment Co., a Nebraska Corporation,
hereinafter referred to as Grantee, the following described real estate, situated in the County of
Douglas and State of Nebraska to-wit:
Lots 8, 9, 10, 11, 13, 14 and 15, Block 8, Goff Terrace, an addition to the City of Omaha,
as surveyed, platted and recorded in Douglas County, Nebraska
together with all the tenements, hereditaments, and appurtenances to the same belonging, and all
the estate, title, claim or demand whatsoever of the CITY of, in, or any part thereof.
TO HAVE AND TO HOLD the above described premises, with the appurtenances, unto the
Grantee and to its successors and assigns forever, and the CITY for itself and its successors and
assigns, do covenant with said Grantee and its successors and assigns that the CITY is lawfully
seized of said premises, that they are free from encumbrance except those of record, that the CITY
has good right and lawful authority to sell the same and that the CITY will and its successors and
assigns shall warrant and defend the same unto the said Grantee and its successors and assigns
forever, against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the CITY OF OMAHA, a Municipal Corporation, has c used
these presents to be executedby its Mayor and its Corporate seal to be affixed hereto this ay
of //') 7 , 19y.
THE CITY OF OMAHA,
(Corporate Seal) A Municipal rporation
By: 1 ,X )/...iii, .-15--1-c-t--4
/ MAYOR
ATTEST: APPROVED AS TO FORM:
/ �97
C, CLERK A-SSIS C ATTOR.�dE
Warranty Deed
Page -2-
STATE OF NEBRASKA )
) SS
COUNTY OF DOUGLAS )
On this g day of , 19`n . before me, the undersigned, a Notary Public
MA'in and for said County, personall came }-Rae( Dt j , Mayor of the Cityof
Y
Omaha, a Municipal Corporation, to me personally known to be the Mayor and who executed the
above conveyance, and acknowledged the execution thereof to be the voluntary act and deed of the
City of Omaha, a Municipal Corporation, and that the Corporate Seal of the City of Omaha was
thereto affixed by its authority.
In testimony whereof, I have hereunto set my hand and affixed my Notary Seal at Omaha
in Douglas County, on the day and date last above written.
/72).....L., .
NOTARY PUBLIC
My Commission expires Cl(- .2 .T � ° GENERAL NOTARY-Slate of Nebraska
BRINKER HARDING
STATE OF NEBRASKA ) ""`�""•• My Comm.Exp.Aug.31,2000
) SS
COUNTY OF DOUGLAS )
On this pe day of IV)Al 19 9% efore me, the undersigned, a Notary Public
in and for said County, personally came `,tsrz 6 Rau)1 .7t�ut-+ , City Clerk of the City of
Omaha, a Municipal Corporation, to me personally known to be the City Clerk and who executed
the above conveyance, and acknowledged the execution thereof to be the voluntary act and deed of
the City of Omaha, a Municipal Corporation, and that the Corporate Seal of the City of Omaha was
thereto affixed by its authority.
In testimony whereof, I have hereunto set my hand and affixed my Notary Seal at Omaha
in Douglas County, on the day and date last above written.
�III GENERAL NOTARY State of Nebraska _ /� /��
�� SANDRA L.MOSES U ��y���/� >�l-�t�
. " My Comm.Exp.July 29,2000 NOTARY PUBLIC
My Commission expires c2 ,49; p2.Do67
•
ZSA CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr may....r6 19..97
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the primary objectives of the City of Omaha's Master Plan and
Community Development Program are to encourage additional investment and development within
inner-city neighborhoods; and to eliminate conditions which are detrimental to public health, safety
and welfare,by developing underutilized property within these neighborhoods; and,
WHEREAS,the East Omaha Redevelopment Plan,Amendment Three was approved
by the City Council as the Redevelopment Plan for the redevelopment area bounded by Locust Street
on the north, 21st Street East on the east,Avenue"G"on the South and Abbott Drive on the west
on February 27, 1996; and,
WHEREAS,the City Council approved an Agreement between the City of Omaha and
the State of Nebraska for the State of Nebraska Secure Youth Confinement Facility project on
September 10, 1996; and,
WHEREAS, Yant Testing, Supply & Equipment Company will be displaced from
property at 2610 North 18th Street East for the implementation of the Nebraska Secure Youth
Confinement Facility project; and,
WHEREAS, Yant Testing, Supply &Equipment Company proposes to construct a
new facility in the East Omaha Redevelopment Area;and,
WHEREAS,the City of Omaha is the owner of property at 2309 North 15th Street
East that is proposed for industrial development under the East Omaha Redevelopment Plan,
Amendment Three; and,
WHEREAS, the East Omaha Industrial Park was included in the City of Omaha's
1996 Consolidated Submission for Community Planning and Development Programs approved by
the City Council on November 21, 1995,by Resolution No. 3038; and,
WHEREAS,the East Omaha Redevelopment Plan,Amendment Three Area is located
in the Federal and State Enterprise Zones and a determination has been made that the East Omaha
Industrial Park project benefits low and moderate income persons; and,
By
Councilmember
Adopted
City Clerk
Approved
Mayor
•
{ t 25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr May 6 19 97
PAGE 2 •
•
WHEREAS, it is in the best interests of the citizens of the City of Omaha to develop
the East Omaha Industrial Park.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT,the attached Agreement,as recommended by the Mayor,between the City of
Omaha and Yant Testing,Supply&Equipment Company,a Nebraska Corporation, 2610 North 18th
Street East, Omaha,Nebraska 68110 for the construction of a new industrial facility at 2309 North
15th Street East is hereby approved. Funding in the amount of$45,000 shall be payable from 1996
Community Development Block Grant Fund No. 193,Organization No. 8330.
APPROVED AS TO FORM:
4/4/77
A SISTANT CIT ATT lhATE
P:\PLN2\5874.SKZ
yr- .
By • ••""tY
Councilmember
Adopted MAY — 6 t
.. .. .. .. ... .... ...
Clerk
Approved Vara
Mayor
• 5 O t, m « O\ m o -t /}
0 n% 9 7 2 n 00 9 /
E c ) F. C.) O o ƒ.
% 7 C 7 0 2 8 .7 ƒ (
� . . § _ 2
7 . \ k \ ) VD CD 00 o
§ P 7 o c) rm&
, k • w 7 2 / J ;
o E. k r. q_
7.5
A ' § 5.5. 0
�� CDa c H o
.0p / O Q
§ ƒ � f p Fr-,
R �cm? q
•
~ » z o 2 )
2 §' 2 A 9
§ / cD R
. 7 5 R ƒ 2 8.�
0 5 ,
•
•
•
••
\d
• \ \ •