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RES 1976-1840 - Amendment to Lease Agmt with Omaha Opportunities Industrialization Center Inc AMENDATORY LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into and ex- ecuted this olfd day of , 1976, by and between the City of Omaha,a municipal corporation, hereinafter referred to as the "City" or "Lessor" , and the Omaha Industrialization Center, Inc. , 2802 North 24th Street, Omaha, Nebraska, a Nebraska non-profit corporation, hereinafter referred to as "OIC" or "Lessee" . RECITALS: A. The City is a municipal corporation and a city of the Metropolitan Class, created and existing pursuant to the Statutes of the State of Nebraska and operating pursuant to the Home Rule Charter of the City of Omaha of 1956, and as thereafter amended; and B. OIC is a non-profit corporation, created and existing pursuant to the Statutes of the State of Nebraska, empowered, inter alia, "for the purpose of providing for, erecting, owning, leasing, furnishing, and managing any building . . . or grounds for the use in whole or in part of any religious, social , educational, scientific, frater- nal or charitable society or societies, body or bodies, institution or institutions incorporated or unincorporated" ; and C. The Home Rule Charter of the City of Omaha, Sec- tion 5.17 provides: . . Leases in which the City is to be either the lessee or lessor may be consummated where the power to lease exists and may be for such periods as the Council may determine. " and 1 D. In order to aid in the construction or equipping • of public works or development facilities estimated to cost approximately $1,400, 000.00 and consisting of con- struction of a vocational training center, OIC made appli- cation to the United State Department of Commerce, Econ- omic Development Administration; and E. Pursuant to its authority under. the Public Works and Economic Development Act of 1965 (P. I. 89-136) and sub- ject to the special conditions and the Standard Terms and Conditions, the Economic Development Administration, United States Department of Commerce, by letter dated June 25, 1974, Project No. 05-01-01511, offered to grant OIC funds not to exceed $1,000, 000. 00, provided that in no event shall said Grant exceed 50 percent of the actual cost of the project as determined by the Government; and F. OIC accepted the offer and proposes, as grantee, to construct a vocational training center at 24th and Corby • Streets, Omaha, Nebraska; and G. By Deed dated March 31, 1976, recorded at Book 1540, Page 649, Register of Deeds, the School District of Omaha conveyed to the City surplus property known as 2413 Corby Street, Omaha, Nebraska, and legally described as fol- lows: All of Block Five (5) in AS-Patrick' s Addi- tion to the City of Omaha, Douglas County, Nebraska, as surveyed, platted and recorded and H. The City is aware that OIC has entered into an Economic Development Grant Contract with the United States of America, Department of Commerce (Project No. 05-01-01511) for the provision of a neighborhood facility under the Public Works and Economic Development Act of 1965 (P. L. 89-136) . Said Project to include all those activities and undertakings necessary to provide a vocational training facility, including the construction of a suitable facility, said facility to be located in North Omaha: and I. It is to the best interests of OIC, the City and the public in general that an agreement be entered into be- tween OIC and the City to effectuate the purposes and aims herein stated: NOW, THEREFORE, in consideration of these premises and of the mutual covenants herein contained, it is mutually agreed by and between the parties hereto, as follows, to wit: WITNESSETH: 1. Leased Premises. Lessor hereby leases to Lessee and. Lessee rents from Lessor real property in the City of Omaha, County of Douglas and State of Nebraska, which is more fully described as 2413 Corby Street, and legally de- scribed as all of Block Five (5) in AS-Patrick' s Addition to the City of Omaha, Douglas County, Nebraska, with all of the easements , rights, privileges and appurtenances there- unto belonging and together with all of the improvements and fixtures constructed upon the Premises (hereinafter called the "Premises") . It is specifically agreed that all new structures and appurtenances annexed or affixed to the Premises after the commencement of this Lease shall be the property of Lessee, Lessor shall have no rights of owner- ship therein; the provisions of this Lease shall not apply to such structures and appurtenances, and such structures shall not be part of the Premises. 2. Term. The term of this Lease shall be for a period of ten (10) years, commencing on April 7, 1976, and ending' on April 6, 1986. 3. ' Use. Lessee agrees that it will occupy and use the Premises for the purpose of .constructing and operating a vocational :training school and that it will use the Premises in a safe, lawful. and reasonable manner, and com- mit no waste upon the Premises. 4. Rent. Lessee agrees without demand to pay to Lessor at Omaha-Douglas Civic Center, 1819 Farnam Street, or at such place as Lessor may from time to time designate in writing, as base rent for the Premises the sum Of One Dollar. ($1,00) per year. 5. - Taxes. Lessee shall pay all real estate- taxes and special assessments related to any part of the Premises with all improvements thereon. Lessee shall pay all taxes, levies and assessments of any kind relating to any trade fixtures. within or part of the Premises either levied or assessed during the -Lease Term or any renewal period. 6o Construction. In the event that construction or - i improvements are to .be completed asa part of this Lease, such construction or improvements-.as anticipated shall be made at the expense of:and under the control, and direction of Lessee unless otherwise designated. Lessee shall be 111 9. Insurance. Lessee shall indemnify Lessor and save it harmless from and against any and all claims, ac- tions, damages, liability and expense in connection with loss of life, personal injury or damage to property occur- ring in or about or arising out of, the Premises , or occasioned wholly or in part by any act or omission of Les- see, its agent, subtenants, licensees, concessionaires, contractors, customers or employees. In case Lessor shall be made a part of any litigation commenced by or against Lessee, its agents, subtenants, licensees, concessionaires, contractors, customers or employees, then Lessee shall pro- tect `I and hold Lessor harmless and shall pay all costs, expenses and reasonable attorneys' fees incurred or paid by Lessor in connection with such litigation. Lessee shall also pay all costs, expenses and reasonable attorneys ' fees that may be incurred or paid by Lessor in enforcing the covenants and conditions of this Lease whether incurred as a result of litigation or otherwise . 10. Utilities. Lessee shall pay for all utlities and services used or consumed by Lessee upon the Premises and shall pay any charges made for the installation of new or additional connections or modifications in such serv- ices made during the term hereof. 11. Signs. Lessee may place or paint signs on the exterior of the Premises advertising Lessee ' s business or products. Lessee agrees to remove such signs upon termina- tion of this Lease or any renewal or extension thereof, and to repair, at its own expense, any damage to the Premises caused by its removal. 12. Assignment and Subletting. Lessee agrees that without the prior written consent of Lessor, Lessee will not assign, sublet or mortgage this Lease or any right or interest therein; provided, however, that such consent shall not be unreasonably withheld and provided further that, in any event, Lessee shall have the right to sublet to any subsidiary corporation of Lessee, or to any corporation which shall be the result of a merger, consolidation or reorganization with Lessee. 13. Lessor' s Right to Enter Premises. Lessee agrees to permit Lessor and any authorized representatives of Les- sor to enter the Premises at all times during usual busi- ness hours or at any other time in case of emergency, for the purpose of inspecting the same or for any other rea- sonable purpose including such maintenance and repair which are the obligations of Lessor under any city ordinance, regulation or statute, or other authority. 14 . Damage or Destruction of Premises. Lessor and Lessee agree that if at any time during the continuance of this Lease the Premises shall be destroyed, be damaged or be in any condition so as to be unfit for occupancy (all hereinafter called "Injury") , and such Injury could reason- ably be repaired within one year from the happening of such Injury, then Lessee shall not be entitled to sur- render possession of the Premises. If the Premises be so Injured that such Injury could not reasonably be re- paired within one year from the happening of such In- jury, such determination to be made mutually by the architect for Lessor and the architect for Lessee, then either party may at their option terminate the Lease as of the date of the happening of the Injury, by written notification thereof to the other party. Any improve- ments or trade fixtures installed on the Premises by Les- see shall be replaced or repaired at the sole discretion and expense of Lessee, and the repair or replacement of said improvements or fixtures shall not be necessary. 15. No Waiver by Lessor or Lessee. No waiver of any of the terms, covenants, provisions, conditions, rules and regulations required by. this Lease, and no waiver of any legal or equitable relief or remedy shall be implied by the failure of Lessor or Lessee to assert any rights or to declare any forfeiture, and no waiver of any of said terms, provisions, covenants, rules and regulations shall be valid unless it shall be in writing signed by Lessor or Lessee. 16. Vacation. of Premises. Lessee shall , upon the expiration or termination of this Lease, either by lapse of time or otherwise, peaceably surrender to Lessor the Premises in the same condition and repair as at the com- mencement of the term, normal wear and tear excepted. 17. . Holding Over. If., at the expiration of the term of this Lease or any renewal thereof, Lessee continues to r- occupy the Premises, such holding over shall constitute a renewal of this Lease, but Lessee shall be a tenant from month to month. 18. Default and Remedies. All covenants and agreements herein made and obligations assumed are to be construed also as condition and these presents are agreed to upon the express condition that if Lessee should fail to perform or observe any of the covenants, agreements or obligations herein made or assumed by Lessee, or if Lessee shall become — r insolvent or bankrupt, reduce or modify Lessee ' s debts or obligations or delay payment thereof or if any assignment be made of Lessee' s property for benefit of creditors then and thenceforth, in any said events , this Lease may be for- feited and thereby become null and void at the option of Lessor, and Lessor may immediately, or at any time thereafter re-enter the Premises, or any part thereof, in the name of the whole. This right so reserved by Lessor, and granted by Lessee, constitutes an essential part of the considera- tion for Lessor' s agreement to lease the Premises to Lessee, and the said reserved right may be exercised in any of the contingencies provided for by this Lease, that is to say, for the violation and nonobservance of any of the under- takings to be kept, observed or performed by Lessee, its successors or assigns. 19. Short Form Lease. This Lease may be recorded or a Memorandum of Lease describing the Premises, giving the term of this Lease and referring to this Lease, may be recorded in its place by either party, if permitted by law. 20. • Notices. Any notice or consent required to be given by or on behalf of either party upon the other shall be in writing and shall be given by Registered or Certified Mail addressed to Lessor at such place last designated, and to Lessee at the Premises or at such other address or addresses as may be specified from time to time, in writing, to the other party. 21. Severability. Each covenant, agreement or condi- tion of this Lease shall be valid and enforceable to the fullest extent permitted by law. If any portion of this Lease or the applicaton thereof in any circumstance shall to any extent be invalid or unenforceable, the remainder of this Lease or the application of such portion to cir- cumstances other than those as to which it is invalid or unenforceable shall not be affected thereby. 22 . Quiet Enjoyment. Lessor hereby covenants and agrees that it is the owner in fee simple of the Premises, and that if Lessee shall perform all of the covenants and agreements herein stipulated to be performed on Lessee's part, Lessee shall at all times during the continuance hereof have the peaceable and quiet enjoyment and posses- sion of the Premises. 23. Subordination. Lessee agrees that this Lease is , and shall be subordinate to any mortgage, deed of trust or any other hypothecation for security which has been or which hereafter may be placed by Lessor upon the Premises or the land of, which are a part and such sub- ordination is hereby effective without any further act by Lessee. Notwithstanding the foregoing, Lessee agrees to execute upon demand any and all further documents or in- struments in addition to this Lease, which may be deemed necessary or desired to effectuate such subordination. 24 . Option to Renew. Lessee shall be allowed option to renew this Lease for a term of then (10) years under the same terms and conditions, and shall have first option for an additional ten (10) year term at the end of second ten (10) year period. The option to renew shall be exercised by Lessee by written notice to Lessor given not less than sixty (60) days prior to the expiration of the current lease term. 4 25. Successors and Assigns. The terms, covenants • and conditions contained in this Lease shall bind and inure to the benefit of Lessor and Lessee and, except as other- wise provided herein, their legal representatives, succes- sors, distributees and permitted assigns. IN WITNESS WHEREOF, the parties hereto have signed this Lease as of the day and year first above written. ATTEST: CITY 0' 0 ' I , - municipal corpofat' o• p CITY CL 0 TH MAYOR 0 T =4i • A HA CITY OMAHA OMAHA INDUSTRIA IZATION CENTER, INC. O IZ D R`EEPRE ENTA IT VET APPROVED AS TO FORM: I TANT CITY ATTO EY fkA CITY OF OMAHA y ��;+ -zz - EDWARD ZORINSKY. Mayor 40 - OMAHA/DOUGLAS CIVIC CENTER �'yrdui+� ; _• P= 1819 FARNAM STREET F� OMAHA, NEBRASKA 68102 12402/444-7000 • • Honorable . President and Members of the City Council, The proposed attached resolution amends the Agreement entered into on April 6, 1976 between the City of Omaha and Omaha Opportunities Industrialization Center, Inc. The original agreement was prepared and introduced to the Council. under emergency conditions without adequate time for consultation and review by counsel for the respective parties . Most of the changes are housekeeping or in the nature of clarifications concerning terminology. Your favorable consideration of the attached resolution will be appreciated. Respectfully submitted, Ja es C. Hart, Jr. As-.istant City Attor y 758/10 FINANCE,George D.Richardson HOUSING&COMMUNITY DEVELOPMENT,James N.Swick HUMAN RELATIONS,A.B."Buddy"Hogan LAW,Herbert M.Fitle PARKS,RECREATION&PUBLIC PROPERTY,Clarence Shafer PERSONNEL,Larry L.Wewel PLANNING,Alden Aust PUBLIC WORKS,Terrance E.Pesek PUBLIC SAFETY,Richard Roth OFFICE OF MANAGEMENT&BUDGET,Robert L.Armstrong C-25A CITY OF OMAHA COUNCIL CHAMBER • Omaha, Nebr June 22 19 76 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City. of Omaha, on April 6, 1976, entered into an Agreement with Omaha Opportunities Industrialization Center, _Inc. ,. to lease to OIC property known as 2413 Corby • Street, Omaha, Nebraska, and legally described as : All of Block Five (5) in AS-Patrick' s Addition to the City of Omaha, Douglas County, Nebraska, as surveyed, platted and recorded; and, WHEREAS , said Agreement was prepared and_ i`ntroduced under emergency. conditions to the City Council in order that OIC receive in-kind demolition services which could only be performed on April 10; •and, WHEREAS , by consent of the parties, it is mutually agreeable to amend said Agreement which, in most instances , will be in the nature of clarification and "housekeeping items" . NOW,. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT , it is hereby authorized and approved that the Agreement entered into on April 6, 1976 , between the City of Omaha and Omaha Opportunities Industrialization Center, Inc. , be amended. A copy of the Amendatory Lease Agreement is attached hereto and made part hereof as though -recited herein. 758/11 • • By - - P JON 2 2 1976 Adopt \ . City erk Approved = -6Y�� a or Y.,. MOTION BY: : _ _ / THAT DOCUMENT NO. / , current series be amended to read: That in line five, paragraph number 23 - Subordination of the Amendatory Lease Agreement, the words "or buildings" be deleted. • OIC AGREEMENT ADDITIONS & DELETIONS Paragraphs : 1 . Leased Premises . Addition - It is specifically agreed that all new structures and appurtenances annexed or affixed to the Premises after the commencement of this Lease shall be the property of Lessee , Lessor shall have- no rights of ownership therein; • the. ' - ' provisions of this Lease shall not apply to such structures and appurtenances , and such structures shall not be part of the Premises . 6 . Construction. Addition r. Lessee shall be allowed to proceed with demolition, removal of debris and any alteration in the Premises in connection with new construction or which may be required prior to any construction. 7 . Alterations and Installations During Term and Removal of Improvements by Lessee . Deletion - , and provided the Lessee shall have secured the Lessor ' s prior written approval thereof, which approval shall not be unreasonably withheld. At all times when any improve- ments are performed by the Lessee hereunder , there shall be maintained at Lessee ' s expense , workmen 's compensation insurance in accordance with the law governing all persons employed in connection with the construction, change or alterations , and general liability insurance for the mutual benefit of the • Lessee and Lessor expressly covering the additional hazard due to the construction, change or alterations , in the amount of $300 , 000 . 00 in the event of bodily injury to any number of persons and any one occurrence and for property damage in the amount of $100 , 000. 00 . Such insurance shall be in company or companies of recognized responsibility, licensed to do business in the State of Nebraska, and shall be effective prior to the commencement of any work. All such • policies or certificates therefor issued by the respective insured shall be delivered to the Lessor or appropriate endorsements or certificates of insurance shall be delivered to the Lessor as evidence of such coverage. Lessee shall secure appropriate endorsements to any other policies of insurance so that they will not be voided by the performance of any such work. 8 . Repairs , Alterations and Installation . Total deletion - new language . Addition- Lessee agrees , at Lessee ' s expense , at all times to keep the Premises in good order , condition and repair. 9 . Insurance. Deletion - (b) (c) and (d) . 11 . Signs . Deletion - as are approved by the Lessor prior to their erection or placement. , and if the signs be painted on a wall or surface, to restore that wall or surface to its former condition . 13 . Lessor ' s Right to Enter Premises. Addition - `any city ordinance , regulation or statute , or other authority. 14 . Damage or Destruction of Premises . Deletion - 120 days . Addition - 1 year. Deletion - at the sole discretion of. Addition - mutually by. Addition - and' for Lessee. Addition - discretion.. Deletion - within the 120-day period above described, nor shall it extend or other- wise affect said period. 15. Eminent Domain. Total Deletion. 16 . Vacation of Premises . Deletion - as good a. Addition - the same . Deletion - as the same shall be . 18. Default and Remedies . Deletion - , or repossess or have the same as of Lessor ' s former estate and remove therefrom all goods and chattels not thereto properly belonging, and expel said Lessee and all other persons who may be in possession of said Leased. Premises and that, too , without demand or notice . 24 . Option to Renew. Total deletion - new language. Addition = 'Lessee shall be allowed option to renew this Lease for a term of ten (10) years under the Same terms and conditions , and shall have first option for an additional ten (10) year term at the end of second ten (10) year period. The option to renew shall be exercised by Lessee by written notice to Lessor given riot less than sixty (60) days prior to the 'expiration Of the current lease term. - 2 -