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.
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