ORD 39805 - Interlocal Agmt - Board of Regents - Aksarben Village Reimbursement AHA,
`��oM NFB� 1 �-^ i ' - ( Planning Department
y �y ys� 1 L
6, ,.l. , Omaha/Douglas Civic Center
r'ivj b 1819 harnam Street,Suite 1100
2 fE '��lail^ '' Omaha,Nebraska 68183
s M77 (402)444-5150
Telefax(402)444-6140
OR9rED FEBR�P4 ��I-»- y, - i.�
James R.Thele
City of Omaha '' ", ' Director
Jean Stothert,Mayor
Honorable President
and Members of the City Council,
The attached Ordinance will approve an Interlocal Cooperation Agreement between the Board of
Regents of the University of Nebraska("UNO") and the City of Omaha. The Agreement identifies
public improvements necessary for the development of the UNO Nebraska Village Subdivision.
Under the Agreement, the City will contribute $2,200,000.00 toward such public improvements.
The Agreement states the City's unbinding desire to pursue additional funding for the public
improvements in the amount of$4,100,000.00.
Your favorable consideration of this Ordinance is respectfully requested.
Respectfully submitted, Referred to City Council for Consideration iv2 � � Ile-.1l/3 9 313
ames R. Thele Date ors O ffice/Title Date
Planning Director
Approved: Approved:
0111111
C. ?-26 -8CipiAlkj)iai 1010 q-A6- 13
' ' Robert G. Stubbe, P.E. Date FcrAllen Herink Date
Public Works Director Acting Finance Director
P\LAW-CITY COUNCIL DOCUMENTS\2013\30I33dlm
ORDINANCE NO. c f
AN ORDINANCE to approve an Interlocal Cooperation Agreement between the Board of Regents
of the University of Nebraska ("UNO") and the City of Omaha, identifying public
improvements required for the development of the UNO Nebraska Village Subdivision; to
provide for the City's contribution of$2,200,000.00 toward the said public improvements
and the City's current desire to explore the possibility of an additional $4,100,000.00 in
funding for the same; to authorize payment from the appropriate fund in the amount of
$2,200,000.00, involving appropriations of more than one year, in conformity with Section
5.17 of the Home Rule Charter; and, to provide for the effective date hereof
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That the attached Interlocal Cooperation Agreement between UNO and the City,
providing for the identification of public improvements required for the development of the UNO
Nebraska Village Subdivision, the City's contribution of$2,200,000.00 toward the same, and the
City's desire to explore the possibility of providing $4,100,000.00 in additional funding, is hereby
approved,and the Mayor is hereby authorized to execute the said Agreement on behalf of the City of
Omaha.
Section 2. Pursuant to Section 5.17 of the Home Rule Charter, the City's payment of
$2,200,000.00 from the 2010 Transportation Bond Fund(Fund 13183)is hereby authorized and the
Finance Director is authorized to make payment in accordance therewith.
Section 3. This Ordinance being administrative,and not legislative in nature, shall be in full
force and take effect immediately upon passage.
ORDINANCE NO. 3 91&5'
Page 2
INTRODUCED BY COUNCILMEMBER
Attierae., APPROVED BY:
/®".AS/3
MAYOR OF THE CITY OF OMAHA DATE
PASSED OCT 2 2 2013 ''7 '0
ATTEST:
avVe a /401 /ld a2cS=/
D E P V T Y,CITY CLERK OF THE CITY OF OMAHA DATE
APPROVED AS TO FORM:
of 30113
DEPUTY CITY ATTORNEY DATE
P\LAW-CITY COUNCIL DOCUMENTS\20I3\30I34d1m
INTERLOCAL COOPERATION AGREEMENT
UNO Nebraska Village
(Lots 1 - 10, inclusive, and Outlot"A")
THIS INTERLOCAL COOPERATION AGREEMENT made and entered into this M day
of 0e ,2013 (the"Agreement"),by and between the Board of Regents of the University
of Nebraska, a public body corporate and politic of the State of Nebraska(hereinafter referred to as
"UNO"), and the City of Omaha, a municipal corporation in the State of Nebraska (hereinafter
referred to as "City").
PRELIMINARY STATEMENT
UNO is presently undertaking the development of the subdivision known as UNO Nebraska
Village, which subdivision contains ten (10) lots and one (1) outlot, that are legally described as
follows,to-wit:
Lots 1 through 10,inclusive,and Outlot"A",UNO Nebraska Village,an addition to
the City of Omaha, Douglas County,Nebraska(the "Subdivision").
The development of the Subdivision requires certain public improvements to be constructed as
identified in the Subdivision Agreement for UNO Nebraska Village that was approved by the Omaha
City Council on September 24, 2013, by Resolution No. 1205 (the "Subdivision Agreement") and
the "Source and Use of Funds" attached hereto as Exhibit "A" and incorporated herein by this
reference (the "Source and Use of Funds") (collectively referred to herein as the "UNO Public
Improvements").
Based upon an expanded traffic study commissioned by Aksarben Future Trust ("AFT")
dated August 1, 2013, prepared by HDR, Inc. ("HDR"), registered engineers in the State of
Nebraska, there are additional public improvements that have been identified as desirable and
beneficial to Aksarben Village and UNO,but are not required to be constructed for the development
of the Subdivision(collectively referred to as the"AFT Public Improvements"). UNO and the City
acknowledge that the AFT Public Improvements, if completed,will be paid for privately by others,
but may be reimbursed by the City to such other parties pursuant to a separate agreement among
UNO, the City and such other third parties from the City's Unfunded Reimbursement (as defined
below) to the extent the actual costs of the UNO Public Improvements are less than the City's
Funded Reimbursement Obligation(as defined below)and the City's Unfunded Reimbursement,all
as further described herein.
UNO has requested that the City participate in the funding of the UNO Public Improvements
in the amount of Six Million Three Hundred Thousand Dollars ($6,300,000.00), and the City has
expressed a desire to participate in the funding of the UNO Public Improvements in the sum of Six
Million Three Hundred Thousand Dollars ($6,300,000.00); however, as of the date of this
Agreement,the City only has the ability to contribute Two Million Two Hundred Thousand Dollars
($2,200,000.00) towards the UNO Public Improvements (the "City's Funded Reimbursement
Obligation"). The City has expressed its desire to fund the additional Four Million One Hundred
Thousand Dollars($4,100,000.00)in the future from such sources as the City deems appropriate(the
"City's Unfunded Reimbursement").
The Interlocal Cooporation Act of the State of Nebraska,Neb. Rev. Stat. § 13-801, et seq.,
enables separate political subdivisions of the State of Nebraska to cooperate on the basis of mutual
advantage to provide for joint undertakings,services and facilities in a manner and pursuant to forms
of government or organization that will accord with best geographic,economic population,and other
factors influencing the needs and developments of local communities.
NOW,THEREFORE,in consideration of,and based on the foregoing Preliminary Statement
and the mutual promises and agreements set forth below, the receipt and adequacy of which are
hereby acknowledged, the parties hereto agree as follows:
1. No Administrative Entity. There shall be no separate legal or administrative entity
created to administer this Agreement. Accordingly, no separate budget needs to be established.
There shall be no jointly owned property under this Agreement.
2. Plans and Design.
(a) UNO has contracted with HDR for the preparation of plans and specifications for the
installation of the UNO Public Improvements, which are more particularly described in the
Subdivision Agreement and the Source and Use of Funds.
The final plans and specifications for the UNO Public Improvements shall be prepared by
HDR and approved by the City prior to construction of the UNO Public Improvements. HDR and its
consultants have been retained by UNO to design the UNO Public Improvements, prepare bid
specifications for any necessary contracts or subcontracts,assist UNO in the letting and execution of
such contracts or subcontracts as necessary to complete the UNO Public Improvements,inspect the
work performed under such subcontracts, accept the finished work if and when appropriate, and
authorize the payment of the cost for the UNO Public Improvements by UNO as such costs accrue.
(b) If AFT or such other private parties contract for and installs the AFT Public
Improvements concurrently with the installation of the UNO Public Improvements pursuant to a
separate agreement among UNO,the City and such other third parties, and the actual entire cost of
the UNO Public Improvements are less than the City's Funded Reimbursement Obligation and the
City's Unfunded Reimbursement collectively,then UNO and the City shall amend this Agreement to
allocate the balance of the City's Unfunded Reimbursement, if any, to AFT or such other private
party or parties that completed and paid for the installation of the AFT Public Improvements. It is
understood and agreed by and between the City and UNO that UNO shall have no obligation to
contract for, install or fund the cost of the AFT Public Improvements.
3. Funding of the UNO Public Improvements. The entire cost of the UNO Public
Improvements, including, but not limited to, design, construction, staking, observation and testing
thereof,and any other costs associated with the installation of the UNO Public Improvements,shall
be initially paid for by UNO,and the City hereby agrees to reimburse UNO for part of the cost of the
UNO Public Improvements in the amount of the City's Funded Reimbursement Obligation on (i)
July 1, 2015, or (ii) upon the date on which seventy-five (75%) percent of the UNO Public
Improvements have been completed as certified in writing by HDR, whichever occurs first. It is
anticipated and expected that the City's Unfunded Reimbursement will be established from other
appropriate sources to be identified and designated in the future by the City to reimburse UNO for
the entire cost of the UNO Public Improvements. UNO recognizes and understands that the desire
and intent of the City to fund the City's Unfunded Reimbursement is non-binding upon the City,and
that there is a risk that the City's Unfunded Reimbursement will not be funded,will not exist, and
will not be made available by the City under this Agreement. The City recognizes that UNO's
expectation is for the City to provide the additional funding for the costs of the UNO Public
Improvements in the amount of the City's Unfunded Reimbursement obligation. Further, it is
understood and agreed by UNO and the City that the maximum obligation of the City under this
Agreement is Six Million Three Hundred Thousand($6,300,000.00) Dollars.
4. Lead Agent. UNO shall serve as lead agent with respect to the construction of the
UNO Public Improvements. UNO, or its duly appointed agent or designee, shall let and enter into
such contracts or subcontracts as necessary to complete the UNO Public Improvements,inspect the
work performed under such subcontracts, accept the finished work if and when appropriate, and
authorize the payment of the cost for the UNO Public Improvements by UNO on a regular basis as
such costs accrue.The City shall have the right to inspect the UNO Public Improvements at all times
during construction.
5. Street Right-of-Way Jurisdiction. All publicly dedicated right-of-ways or
easements,including temporary construction easements,deemed necessary for the construction and
installation of the UNO Public Improvements to be located within the boundaries of the Subdivision
shall be provided for and dedicated by UNO free and clear of all easements, restrictions, leases,
judgments, taxes, assessments, liens or encumbrances prior to the commencement of construction
and upon the recording of the Final Plat of the Subdivision in the Office of the Douglas County,
Nebraska Register of Deeds. UNO shall be responsible for the cost of acquiring the right-of-way
from Metropolitan Utilities District("MUD"),if any. All other publicly dedicated right-of-ways or
easements,including temporary construction easements,deemed necessary for the construction and
installation of the UNO Public Improvements to be located outside of the boundaries of the
Subdivision shall be acquired and/or dedicated by the City. The City shall dedicate that portion of
68th Street at no cost to UNO or the City. All other acquisition costs for any necessary right-of-way
shall be paid for out of the City's Funded Reimbursement Obligation. UNO shall,without charge to
the City, upon completion of the UNO Public Improvements contemplated herein,unconditionally
give, grant, convey and fully dedicate all of the UNO Public Improvements to the City. Upon the
completion and the acceptance of the UNO Public Improvements by the City, the UNO Public
Improvements shall be maintained by the City, at the City's sole cost and expense, for as long as
such UNO Public Improvements remain public right-of-ways,except for any portion of such rights-
of-way or the UNO Public Improvements that are vacated in the future pursuant to Nebraska law.
6. Construction. UNO or its duly appointed agent or designee shall cause the UNO
Public Improvements to be constructed in substantial accordance with the respective Plans and
Specifications. At any time during the course of constructing the UNO Public Improvements, the
City shall,at its sole cost and expense,have the right,but not the obligation,to cause the inspection
of the work to ensure compliance with the Plans and Specifications. The Plans and Specifications,
and the construction of the UNO Public Improvements, shall comply with all applicable laws and
rules of the City, including, without limitation, the Public Works Department Standard Plates and
Standard Specifications.
7. Purpose of Agreement;Timing of Work. It is the mutual desire and intention of the
parties that the UNO Public Improvements shall be completed as expeditiously as possible.
Accordingly,the parties hereby agree to cooperate with each other and make reasonable,good faith
efforts to perform their obligations hereunder in a timely manner so as to achieve completion of all
of the UNO Public Improvements contemplated by the Agreement as expeditiously as possible.
8. Records. UNO or its duly appointed agent or designee shall maintain records of all
construction costs incurred in connection with the UNO Public Improvements and the City shall have
the right to audit and review such records at any time to assure that such records are accurate.
9. Duration. This Agreement shall continue until such time as the UNO Public
Improvements are installed by UNO and paid for by the City pursuant to the City's Funded
Reimbursement Obligation and the City's Unfunded Reimbursement, unless this Agreement is
terminated sooner by the written agreement of all parties hereto.
10. Appointment of Administrators. The Mayor or her/his designee shall administer
this contract on behalf of the City, and the Facilities Development Corporation, a Nebraska non-
profit corporation, shall administer this contract on behalf of UNO.
11. Entire Agreement. This Agreement contains the entire agreement of the parties and
shall be binding upon the successors and assigns of the respective parties. No amendments,
deletions, or additions shall be made to the Agreement except in writing signed by all parties.
12. Governing Law and Venue. Nebraska law shall govern the terms and the
performance under this Agreement. Venue for any non-federal legal proceeding under this
Agreement shall be in the State of Nebraska, District Court of Douglas County,Nebraska, and for
any federal legal proceeding in the United States District Court for the State of Nebraska located in
Omaha,Nebraska.
13. Severability; Waiver. If any provision of this Agreement is held to be invalid or
unenforceable for any reason,the remaining provisions will continue in full force and effect without
being impaired or invalidated in any way. The waiver by either Party of a breach of any provision of
this Agreement will not operate or be interpreted as a waiver of any other subsequent breach. The
failure of either party to insist on strict performance of any covenants or conditions, or to exercise
any option herein conferred on any one or more instances, shall not be construed as a waiver or
relinquishment of any such covenant, condition, right or option, but the same shall remain in full
force and effect. For a waiver of a right or power to be effective,it must be in writing signed by the
waiving party. An effective waiver of a right or power shall be construed as either a future or
continuing waiver of that same right or power,or the waiver of any other right to power. In addition,
any act by a party which is not obligated to do hereunder shall not be deemed to impose any
obligation upon that party to do any similar act in the future or in any way change or altar any of the
provisions of this Agreement.
14. Notices. All notices and communications required or permitted to be given hereunder
shall be in writing and hand delivered or mailed by certified or registered mail,postage prepaid, or
by Federal Express, Airborne Express, or similar overnight delivery service, addressed as follows:
If to City:
James Thele
Director, City Planning Department
Omaha/Douglas Civic Center
1819 Farnam Street, Suite 1100
Omaha,NE 68183
With Copy To:
Legal Service
c/o City Clerk
Omaha/Douglas County Civic Center
1819 Farnam Street
Omaha,NE 68183
If to UNO:
John Christiansen, Chancellor
University of Nebraska at Omaha
6001 Dodge Street
202EAB
Omaha,Nebraska 68182
With Copy To:
Joel Pedersen, Esq.
University of Nebraska
238 Varner Hall
3835 Holdrege Street
Lincoln,Nebraska 68583-0745
15. Counterparts. This Agreement may be executed in counterparts,each of which shall
be deemed an original,but all of which taken together shall constitute one and the same Agreement.
[Remainder of Page Left Intentionally Blank; Execution Pages Follow.]
Executed by the City of Omaha, Nebraska, this day of , 2013.
ATTEST: THE CITY OF OMAHA, NEBRASKA
Of-yi2d4 5)1(1 /6-.20--43 BY: A -77002 /0--45--/3
4,4 City Clerk Mayor
ArPROVED AS TO
FORM:
C
DEPUTY CITY ATTORNEY
Executed by UNO this /o day of SSpfnr►der , 2013.
BOARD OF REGENTS OF THE UNIVERSITY
OF NEBRASKA,a public body corporate and politic
of the State of Nebraska,
By:
T rEk
lare, Chairman of the Board
Source and Use of Funds
UNO Community Arena
9/12/2013
PROPOSED IMPROVEMENTS FINANCING
ESTIMATED City Of Omaha
COST UNO REIMBURSIBLE
UNO Community Arena Improvements
Bridge w/5'&10'sidewalks $4,636,730
67th Street East of Channel(bridge to W.Center)
67th Street West of Channel(Bridge to Spring)
68th Street(67th to Mercy)
Sidewalks East of Channel
Sidewalks West of Channel
Castelar Street(67th to 64th)
67th&West Center Intersection&decel lane
Storm Sewer,Sanitary relocation,Power
Trees E.&W.of Channel
G.L.,Builders Risk,G.C's,Cont.Fee,Prof.Services v
Design/CA Fees,SWPPP Plan $610,000
Subgrade Analysis,Testing&Reports $119,000
Survey,Title,plat $10,000
$5,375,730
Important Related Improvements
Arbor Street $190,000
Subtotal $5,565,730
$6,300,000 $2,200,000 7/1/2015
Contingency 25% $1,391,432
-$6,300,000 $4,100,000 TBD
Total $6,957,162 $0 $6,300,000
Note:Any referenced Aksarben Future Trust Public improvements to be identified and agreed to between AFT&City of Omaha by separate agreement.
.tv )"Aix
ORDINANCE NO. � 9D(5..
AN ORDINANCE to approve an Interlocal
Cooperation Agreement between the Board of
Regents of the University of Nebraska ("UNO")
and the City of Omaha, identifying public
improvements required for the development of
the UNO Nebraska Village Subdivision; to
provide for the City's contribution of
$2,200,000.00 toward the said public
improvements and the City's current desire to
explore the possibility of an additional
$4,100,000.00 in funding for the same; to
authorize payment from the appropriate fund in
the amount of $2,200,000.00, involving
appropriations of more than one year, in
conformity with Section 5.17 of the Home Rule
Charter; and, to provide for the effective date
hereof.
P\LAW - CITY COUNCIL
DOCUMENTS\2013\30135d1m PRESENTED TO COUNCIL
1st Re ng OCT — 1 2013 ,iil
/D
PUBLICATIONS Heari g T — 8 20 Opsz‘
karo4e-zo
OF
PUBLICATION HEARING
f
Date !D— 1 . !3 Final Reading OCT 2 2 2013
Passed " -0
PUBLICATION OF ORDINANCE
Date /0-3- 15 BUSTER BROWN
City Clerk
"Nor><CETOPUBLIC"
THE DAILY RECORD
The following Ordinance has been set for 11T A u A
ti�JA
City Council Hearing on October 8,2013,at OF O l�1
2:00 p.m.:
AN ORDINANCE to approve an Interlocal RONALD A. HENNINGSEN, Publisher
Cooperation Agreement between the Board PROOF OF PUBLICATION
of Regents of the University of Nebraska
(""UNO")and the City of Omaha, identifying
public improvements required for the
development of the UNO Nebraska Village UNITED STATES OF AMERICA,
Subdivision; to provide for the City's
contribution of$2,200,000.00 toward the said The State of Nebraska, SS.
public improvements and the City's current District of Nebraska,
desire to explore the possibility of an
additional $4,100,000.00 in funding for the County of Douglas,
same; to authorize payment from the Cityof Omaha,
appropriate fund in the amount of
$2,200,000.00, involving appropriations of
more than one year, in conformity with J.BOYD
Section 5.17 of the Home Rule Charter;and,
to provide for the effective date hereof.
BUSTER BROWN, being duly sworn,deposes and says that she is
City Clerk
10-4-13 LEGAL EDITOR
of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
October 4, 2013
That said Newspaper during that time was re, . ly published and
ty of Douglas, : d S a ,'of ebraska.
GENERAL NOTARY-State of Nebraska
jU CONNIE L.NOVACEK
My Comm.Exp.November 16.20 bscribed in my present, •. sworn to before
Publisher's Fee g,0.90 me this 4th day of
Additional Copies $ October 211 3
Total g0.90
Notary Public in d for Douglas County,
State of Nebraska
THE DAILY RECORD
"NOTICE PUBLIC" OF OMAHA
ORDINANCEE NO.39805
AN ORDINANCE to approve an Interlocal
Cooperation Agreement between the Board LYNDA K. HENNINGSEN, Publisher
of Regents of the University of Nebraska
public ")andr the City of Omaha,d identifying
e PROOF OF PUBLICATION
public improvements required for the
development of the UNO Nebraska Village
Subdivision; to provide for the City's
contribution of$2,200,000.00 toward the said UNITED STATES OF AMERICA,
public improvements and the City's current The State of Nebraska,
desire to explore the possibility of an SS.
additional $4,100,000.00 in funding for the District of Nebraska,
same; to authorize payment from the Countyof Douglas,
appropriate fund in the amount of g
$2,200,000.00, involving appropriations of City of Omaha,
more than one year, in conformity with
Section 5.17 of the Home Rule Charter;and,
to provide for the effective date hereof. J.BOYD
SUMMARY:
AN ORDINANCE to approve an Interlocal being duly sworn,deposes and says that she is
Cooperation Agreement between the Board
of Regents of the University of Nebraska LEGAL EDITOR
(""UNO")and the City of Omaha, identifying
public improvements required for the
development of the UNO Nebraska Village of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
Subdivision; to provide for the Cty's published daily in the English language, having a bona fide paid
contribution of$2,200,000.00 toward the said
public improvements and the City's current circulation in Douglas County in excess of 300 copies, printed in
desire to explore the possibility of an additional $4,100,000.00 in funding for the Omaha,in said County of Douglas,for more than fifty-two weeks last
same; to authorize payment from the past; that the printed notice hereto attached was published in THE
appropriate fund in the amount of
$2,200,000.00, involving appropriations of DAILY RECORD,of Omaha,on
more than one year, in conformity with October 30, 2013
Section 5.17 of the Home Rule Charter; and,
to provide for the effective date hereof.
PASSED:October 22,2013,7-0
APPROVED BY:
JEAN STOTHERT 10/25/13
MAYOR OF THE
CITY OF OMAHA 11 BUSTER BROWN, That said Newspaper during that time was ly published and
City Clerk 10-30-13 ,in�i general y circulation in the Count of Do ! := :to of Nebraska.
_ - -
A GENERAL NOTARY-State of Nebraska
I CONNIE L.NOVACEK '
e .r� w My Comm.Exp.November 16,2011'ubscribed in m -.ce and sworn to before
� '
•
Publisher's Fee $32.90
me this day of
O. • •er 2013
Additional Copies $
Total $32.90 27 .
Notary Public in an for Douglas County,
State of Nebraska