ORD 40804 - Fair Deal Village Marketplace TIF Agreement oMAH^•NF
````h,". Planning Department
u'�i°` ! % i }L 1 '— 4•! Omaha/Douglas Civic Center
Whart 1819 Farnam Street,Suite 1100
irt�i`1Str,A Omaha,Nebraska 68183
O1cua. ° •/{�;e r vti ti" 0 n •� '�•.i (402)444-5150
IS ��Ic v i v ..
FOR 43. Telefax(402)444-6140
^rED FEBR°P
James R.Thele
City of Omaha �� '� L. � k Director
Jean Stothert,Mayor
June 14, 2016
Honorable President
and Members of the City Council,
The attached Ordinance transmits a Tax Increment Financing (TIF) Redevelopment Loan
Agreement between Omaha Economic Development Corporation and the City of Omaha for a
redevelopment project located at 2118 North 24th Street. This Redevelopment Agreement
implements the Fair Deal Village MarketPlace Tax Increment Financing (TIF) Redevelopment
Project Plan, which proposes a very innovative approach to the construction of commercial
property and the use of space. The redevelopment plan proposes the construction of commercial
space comprised of approximately 14 reclaimed and re-purposed shipping containers to create
1,600 square feet of affordable retail space for 8-12 start-up and/or expanding locally-owned
businesses. In addition, there will be an adjoining, newly constructed, one-story 3,400 square foot
commercial structure consisting of a 1,800 square foot small, healthy grocery store and a 1,600
square foot re-envisioned Fair Deal Café.
The Redevelopment Agreement authorizes the City's participation in the redevelopment by
providing up to $194,980.00 to offset TIF eligible expenses for site demolition, asbestos
removal, architectural and engineering fees and other public improvements as required. The
total estimated project costs are $2,435,623.00, but are subject to change as final costs come in.
Your favorable consideration of this Ordinance will be appreciated.
Respectfully submitted, Referred to City Council for Consideration:
—17*—et.
ames R. Thele Date 'l Mayor s Office Date
Planning Director //,�
Approved:
444 4,//4,
Stephen B. Curtiss Date Ro ert G. Stubbe, P.E. Date
Finance Director Public Works Director
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ORDINANCE NO. '®a'0 y
AN ORDINANCE approving a redevelopment and tax increment financing loan agreement
between the City of Omaha and Omaha Economic Development Corporation, a Nebraska
corporation, to implement the Fair Deal Village MarketPlace Tax Increment Financing
(TIF) Redevelopment Project Plan, for a project site located at 2118 North 24th Street,
which proposes a commercial space comprised of approximately 14 reclaimed and re-
purposed shipping containers to create 1,600 square feet of affordable retail space in
addition to an adjoining, newly constructed, one-story 3,400 square foot commercial
structure consisting of space for a 1,800 square foot small, healthy grocery store and a
1,600 square foot re-envisioned Fair Deal Café; the agreement authorizes the use of up to
$194,980.00 in excess ad valorem taxes (TIF) generated by the development to help fund
the cost of the project; and providing for an effective date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA;
Section 1. The Mayor is hereby authorized to execute, and the City Clerk to attest, the
attached Redevelopment Agreement between the City of Omaha and Omaha Economic
Development Corporation , a Nebraska corporation, to authorize the use of up to $194,980.00 in
TIF that will be used to offset TIF eligible expenses for site demolition, asbestos removal,
architectural and engineering fees, and all required public improvements, for a project with total
estimated costs of$2,435,623.00, in addition to any other documents necessary or appropriate to
implement the Redevelopment Agreement or to consummate the loan.
ORDINANCE NO. 10y
PAGE 2
Section 2. Said Redevelopment Agreement contains obligations undertaken pursuant to
the Nebraska Community Development Law and Sections 18-2147 through 18-2150, and, are not
otherwise obligations of the City of Omaha.
Section 3. This Ordinance shall be in full force and take effect fifteen (15) days from and
after the date of its passage.
INTRODUCED BY COUNCILMEMBER
Ciieisolf,041 APPROVED BY:
MAYOR OF THE CITY OF OMAHA A
PASSED JUN 2 8 2016 f—C
ATTEST:
CLERK OF E CITY OF OM A ATE
APPROVED AS TO FORM:
/2 ci
S ~�
ITY ATTOR �DATEl6
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REDEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into by and between the City of Omaha, a Nebraska
Municipal Corporation in Douglas County, Nebraska, and Omaha Economic Development
Corporation, a Nebraska corporation.
RECITALS:
WHEREAS, on April 19, 2016 by Resolution No. 383, the City Council of the City of
Omaha approved the Fair Deal Village MarketPlace Tax Increment Financing (TIF)
Redevelopment Project Plan, for a site located at 2118 North 24th Street, which proposes a
commercial space comprised of approximately 14 reclaimed and re-purposed shipping containers
to create 1,600 square feet of affordable retail space in addition to an adjoining, newly
constructed, one-story 3,400 square foot commercial structure consisting of space for a 1,800
square foot small, healthy grocery store and a 1,600 square foot re-envisioned Fair Deal Cafe as
shown in Exhibit"A", a site plan which is attached hereto and made a part hereof; and,
WHEREAS, the Fair Deal Village MarketPlace Tax Increment Financing (TIF)
Redevelopment Project Plan recommends allowing up to $194,980.00 in TIF to offset TIF
eligible expenses, as allowed by the Nebraska Community Redevelopment Law, including site
demolition, asbestos removal, architectural and engineering fees, and other public improvements
as required, for a project with total estimated costs of$2,435,623.00; and,
WHEREAS, this Agreement is a redevelopment agreement prepared pursuant to the
Nebraska Community Development Law in order to implement the above-referenced
Redevelopment Plan, and contemplates the use of the excess ad valorem taxes generated by such
development.
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IN CONSIDERATION OF THESE MUTUAL COVENANTS, THE PARTIES AGREE
AS FOLLOWS:
SECTION 1. DEFINITIONS
The following terms, whether plural or singular, shall have the following meanings for
purposes of this Agreement.
1.1 "Base Year" and "Base Year Valuation" shall mean the year prior to the calendar
year that the division of the property tax levied on the Redevelopment Site is to
become effective. It is established by the Notice to Divide Tax for Community
Redevelopment Project ("Notice to Divide") form prepared by the City of Omaha,
which establishes the valuation for the base amount and the calendar year that
division of real property tax levied is to become effective. For purposes of this
Agreement, the parties agree the Base Year is 2016 and associated Base Year
Valuation shall be established as of January 1, 2016.
1.2 "City" shall mean - the City of Omaha, Nebraska, a Municipal Corporation of the
metropolitan class or such successor entity lawfully established pursuant to the
applicable provision of the Nebraska Community Development Law.
1.3 "Community Redevelopment Law" shall mean the Community Redevelopment
Law of the State of Nebraska (Chapter 18, Article 21, Sections 18-2101, et. seq.),
as supplemented by and including Sections 18-2147 to 18-2153, Reissue Revised
Statues of Nebraska; 1943, as amended.
1.4 "Director" shall mean- the Director of the City of Omaha Planning Department.
1.5 "Division Date" shall mean the agreed upon date after which any ad valorem real
estate taxes levied upon the Redevelopment Site shall be divided by the Douglas
County Assessor pursuant to the Community Redevelopment Law and the Notice
to Divide. For purposes of this Agreement, the parties agree the Division Date
shall be January 1, 2017.
1.6 "Excess ad valorem Taxes" shall mean any ad valorem real estate tax levied upon
and generated by the real property in the Redevelopment Site after the Division
Date (at the rate fixed each year by or for each of the hereinafter defined public
bodies) by or for the benefit of the State of Nebraska, the City, and any board,
commission, authority, district or any other political subdivision or public body of
the State of Nebraska(collectively "public bodies") in excess of any ad valorem
real estate tax generated by the levy on the Base Year Valuation.
1.7 "Owner" shall mean Omaha Economic Development Corporation.
2
1.8 "Redevelopment Promissory Note" shall mean any obligation issued by the City
in the form of Exhibit "B" attached hereto and incorporated herein by reference,
which shall be in the principal amount set forth in such Exhibit ("Redevelopment
Loan Proceeds") and which shall be repaid from and secured by the Excess ad
valorem Taxes generated by the real property within the Redevelopment Site.
1.9 "Redevelopment Plan" shall mean the Fair Deal Village MarketPlace Tax
Increment Financing Project Plan approved by the Omaha City Council by
Resolution No. 383 on April 19, 2016.
1.10 "Redevelopment Project" shall mean a commercial space comprised of
approximately 14 reclaimed and re-purposed shipping containers to create 1,600
square feet of affordable retail space in addition to an adjoining, newly
constructed, one-story 3,400 square foot commercial structure consisting of space
for a 1,800 square foot small, healthy grocery store and a 1,600 square foot re-
envisioned Fair Deal Café, according to the Redevelopment Plan and as shown on
the Site Plan attached hereto as Exhibit"A" and incorporated herein.
1.11 "Redevelopment Site" shall mean the real property legally described on Exhibit
"C", attached hereto and incorporated herein.
SECTION 2. OBLIGATIONS OF THE CITY
The City shall:
2.1 execute and deliver to the Owner at closing the Redevelopment Promissory Note
in substantially the same form as that which is attached hereto as Exhibit `B".
2.2 grant Redevelopment Loan Proceeds for TIF eligible expenses, including any
public improvements, to the Owner in an amount not to exceed $194,980.00.
2.3 establish a special fund, as required under Section 18-2147(b) of the Nebraska
Revised Statutes, for the Excess ad valorem Taxes, if any, generated by the
Redevelopment Project and the Redevelopment Site, which shall be allocated to
and, when collected, paid into this special fund, and shall be used for no other
purpose than to pay debt retirement principal and interest as required by the
Redevelopment Promissory Note. Interest on monies in the special fund shall
accrue first to debt retirement interest and then to principal.
2.4 ensure that prior to expenditure or disbursement of Redevelopment Loan
Proceeds, the following shall be obtained, to wit:
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2.4.1 Owner shall provide the Director with evidence, acceptable to the
Director, in their sole discretion, that sufficient private funds have been
committed to complete the Redevelopment Project.
2.4.2 To the extent required by Section 3.7 below, Owner shall provide
evidence of, and maintain, adequate performance and labor materials
bonds during the period of construction of the project. The City shall be
specified as a co-obligee.
2.5 make payments, as required by this Redevelopment Agreement and the
Redevelopment Promissory Note, of the Excess ad valorem Taxes held in the
special fund called in Section 2.3 above. All Excess ad valorem Taxes shall be
allocated, and when collected, paid into the special fund for a period not to exceed
fifteen (15) calendar years after the Division Date. Under no circumstance shall
the Owner receive payments from the special fund for more than fifteen (15)
years of Excess ad valorem Taxes (i.e. thirty (30) semi-annual installments) or
after such time as the Redevelopment Note has been paid in full.
The City and Owner acknowledge and agree that the Owner shall receive the
benefit of the Redevelopment Loan Proceeds, as limited to eligible expenses
allowed by the Community Redevelopment Law,with the understanding that
the Excess ad valorem Taxes and resulting Redevelopment Loan Proceeds
may not be available for each and every installment or may not be sufficient
to fully amortize the Redevelopment Promissory Note issued by the City.
SECTION 3. OBLIGATIONS OF THE OWNER
The Owner shall:
3.1 complete the Redevelopment Project on or before December 31, 2017.
3.2 cause all real estate taxes and assessments levied on the Redevelopment Site and
the Redevelopment Project to be paid prior to the time such become delinquent.
3.3 loan redevelopment funds to the City in the principal amount of $194,980.00 as
set forth in Section 2.2, which, when combined with other private funds available,
will be sufficient to construct the Redevelopment Project. Execution and delivery
of the Redevelopment Promissory Note shall be at closing, which shall be as soon
as reasonably possible after execution of this Agreement but not more than 60
days thereafter. At closing, the loan to be accomplished by this Section and the
obligation of the City to use the Redevelopment Loan Proceeds for redevelopment
purposes under Section 2.2 may be accomplished by offset so that the Owner
retains the Redevelopment Loan Proceeds. If the City so requests, the Owner
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shall, from time-to-time, furnish the City with satisfactory evidence as to the use
and application of the Redevelopment Loan Proceeds.
3.3.1 Such loan funds shall be disbursed as provided in Section 2.
3.3.2 Such loan shall bear a 5.0% interest rate.
3.3.3 The principal shall be repaid by the City from the special fund established
pursuant to Section 2.3 to collect and hold Excess ad valorem Taxes,
pursuant to the Redevelopment Plan and Section 18-2147 of the Nebraska
Revised Statutes, as they become collected in such fund and available to
the City for such use. To the extent such Excess ad valorem Taxes are
insufficient or unavailable to the City, the loan shall be forgiven and the
obligations of the Owner shall remain unaffected.
3.4 provide the City with quarterly progress reports during the construction of the
Redevelopment Project and allow the City reasonable access, upon written
request to Owner, to any relevant financial records pertaining to the
Redevelopment Project.
3.5 during the period that the Redevelopment Promissory Note is outstanding
(1) not protest a real estate improvement valuation on the Redevelopment Site
certified as of January 1, 2016 or less prior to and during construction; and not
protest an anticipated real estate improvement base valuation on the
Redevelopment Site certified as of January 1, 2016 plus $953,910.00 (excess
valuation)] or less after substantial completion or occupancy of the
Redevelopment Project. The covenant agreed to herein is for the benefit of,
and binding upon, both the City and the Owner and any successors and
assigns, but all parties acknowledge that the excess valuation agreed to
herein is not binding on the Douglas County Assessor and that any partial or
full valuation designated by the Douglas County Assessor may not be an
amount sufficient to produce Excess ad valorem Taxes necessary on an
annual basis to amortize the Redevelopment Promissory Note.;
(2) not convey the Redevelopment Site, or any portion thereof or structures
thereon, to any entity that would be exempt from the payment of real estate taxes,
not apply for exemption of real estate taxes from the county or the state, or cause
the nonpayment of such real estate taxes; if the county and/or state award the
exemption of real estate taxes, this Redevelopment Agreement and its associated
Redevelopment Promissory Note will be rendered void and cancelled;
(3) not apply to the Douglas County Assessor for the structures, or any portion of
the Redevelopment Project, to be taxed separately from the underlying real
property encompassed within the Redevelopment Site;
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(4) maintain insurance for ninety percent (90%) of the full value of the structures
on the Redevelopment Site;
(5) in the event of casualty, apply such insurance proceeds to the reconstruction of
the Redevelopment Project, to the extent permitted by Owner's mortgage lender,
and
(6) cause all real estate taxes and assessments levied on the Redevelopment
Project and Redevelopment Site to be paid prior to the time such become
delinquent. The Owner acknowledges and agrees that any portion of Excess ad
valorem Taxes levied in the fifteenth year under this Redevelopment Agreement
that become delinquent shall be forfeited and returned to the appropriate public
bodies.
In the event the Owner violates any of the above agreements, representations or
covenants contained in this section, the Owner may be required by the City to
surrender any remaining amount outstanding of the Redevelopment Promissory
Note, after reasonable notice and opportunity to cure. Each of the foregoing
covenants shall be referenced in a Notice of Redevelopment Agreement to be
recorded by the Owner with the Douglas County, Nebraska Register of Deeds
within sixty (60) days of the execution of this Redevelopment Agreement. The
Owner shall include the same covenants and restrictions agreed to above in any
conveyance of the Redevelopment Site, or any portion thereof, including but not
limited to, any sale, assignment, sale-leaseback or other such transfer of the
property, but shall not be responsible otherwise for the actions of the third parties
if these covenants are breached by such third parties, in the event the Owner no
longer owns the Redevelopment Site.
3.6 shall provide the City of Omaha Finance Department with an executed copy of
the Redevelopment Promissory Note prior to disbursement of any proceeds for
repayment of such Note pursuant to Section 2.5, so that such payment can be
noted on the Note and the Note returned to Owner.
3.7 The Owner shall provide the City with a penal bond as may be required by
Section 18-2151 of the Community Redevelopment Law. A reasonable sufficient
payment and performance bond from the Owner's general contractor or
contractors will satisfy this requirement.
SECTION 4. PROVISIONS OF THE AGREEMENT
4.1 Equal Employment Opportunity Clause. Annexed hereto as Exhibit "D" and
made a part hereof by reference are the equal employment provisions of this
Agreement, wherein the "Owner" is referred to as "Contractor".
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4.2 Non-discrimination. The Owner shall not, in the performance of this Agreement,
discriminate or permit discrimination in violation of federal or state laws or local
ordinances because of race, color, sex, age, political or religious opinions,
affiliations or national origin.
4.3 Captions. Captions used in this Agreement are for convenience and are not used
in the construction of this Agreement.
4.4 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.
4.5 Interest to the City. Pursuant to Section 8.05 of the Home Rule Charter, no
elected official or any officer or employee of the City of Omaha shall have a
financial interest, direct or indirect, in any City of Omaha Agreement. Any
violation of this section with the knowledge of the person or corporation
contracting with the City of Omaha shall render the Agreement voidable by the
Mayor or Council.
4.6 Merger. This Agreement shall not be merged into any other oral or written
Agreement, lease or deed of any type.
4.7 Administrative Amendments. The parties hereto recognize that certain
administrative amendments may need to be made to this Agreement in order to
carry out the intent of this Agreement and the Redevelopment Plan. The parties
hereto recognize that any such minor amendments to this Agreement negotiated
and executed by the parties' respective representatives, other than those defined in
§18-2117 of the Redevelopment Law, shall be considered and treated as
administrative in nature and not as a legislative amendment to this Agreement or
the Redevelopment Plan. However, amendments of the following types shall be
referred to the City Council for approval:
(1) Those that materially alter or reduce existing areas or structures otherwise
available for public use or access;
(2) Those that require the expenditure of $75,000.00 or more of City funds
above the levels contained in this Agreement;
(3) Those that increase City loans, bonded indebtedness, deferred payments of
any types, or other financial obligations above the levels contained in this
Agreement; and
(4) Those otherwise considered major or material in the reasonable discretion
of the City.
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4.8 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.
4.9 Assignment. The Owner may not assign its rights under this Agreement without
the express prior written consent of the City; such consent not to be unreasonably
withheld. The Mayor may, without City Council approval, approve, in writing,
the assignment of all rights hereunder to a successor entity owned by, or under
common control with Owner.
4.10 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 representatives of the parties.
4.11 This Agreement shall be binding upon the Owner's successors and assigns, and
shall run with the land described in Exhibit "C", attached hereto, to the benefit of
the City of Omaha.
SECTION 5. AUTHORIZED REPRESENTATIVE
In further consideration of the mutual covenants herein contained, the parties hereto
expressly agree that for the 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 the authorized representatives of the parties:
(1) City of Omaha:
James R. Thele Legal Service
Planning Director c/o City Clerk
City Planning Department Omaha/Douglas Civic Center
Omaha/Douglas Civic Center 1819 Farnam Street
1819 Famam Street, Suite 1100 Omaha,NE 68183
Omaha,NE 68183
(2) Owner:
Omaha Economic Development Corporation
2221 North 24th Street
Omaha,NE 68110
Attention: Michael Maroney
Either party may designate additional representatives or substitute representatives by
giving written notice thereof to the designated representative of the other party.
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Executed this Sd/day of9./d/X...-- , 20X-
ATTEST: CITY OF OMAHA:
C Y CLERK O T CITY OF OMAHA MAYOR OF THE CITY OF OMAHA
APPROVED AS TO FORM:
5/L ct//o
ASSIST ,NT CIT�ORNEY
2342 dlh
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Executed this 1J day of na.7 , 20
OWNER:
Omaha Economic Development Corporation,a
Nebraska corporation
By: 4141-4-())4-7
Name: Michael Maroney
Title: President
STATE OF NEBRASKA )
a. 6ENE iA.NOTARY•state of ikbraska
§ ANNETIE T.ARTHERTON
COUNTY OF DOUGLAS ) 1 04°41My Comm.Exp.Feb.22,2018
Michael Maroney, President, on behalf of Omaha Economic Development Corporation,a
Nebraska limited liability company acknowledged the foregoing Redevelopment Agreement
before me thisZ„31 day of ,20 1 b.
A
/-7\-,v_A_.A.A_3--::T: i„Av-gA.A.---L.,___
Notary Public, State of Nebraska
My commission expires on F ..t7. 22, 2.v 18
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EXHIBIT "B"
THIS BOND HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 (THE
"'33 ACT") AND MAY NOT BE TRANSFERRED, ASSIGNED, SOLD OR HYPOTHECATED
UNLESS A REGISTRATION STATEMENT UNDER THE '33 ACT SHALL BE IN EFFECT
WITH RESPECT THERETO AND THERE SHALL HAVE BEEN COMPLIANCE WITH THE
'33 ACT AND ALL APPLICABLE RULES AND REGULATIONS THEREUNDER, OR
THERE SHALL HAVE BEEN DELIVERED TO THE CITY OF OMAHA PRIOR TO
TRANSFER, ASSIGNMENT, SALE OR HYPOTHECATION AN OPINION OF COUNSEL,
SATISFACTORY TO THE CITY OF OMAHA TO THE EFFECT THAT REGISTRATION
UNDER THE '33 ACT IS NOT REQUIRED.
REDEVELOPMENT PROMISSORY NOTE
$194,980.00 VCGn-L- 3 D , 204.
FOR VALUE RECEIVED, the undersigned, City of Omaha (hereinafter known as
"Borrower"), promises to pay Omaha Economic Development Corporation, 2221 N. 24 Street,
Omaha, NE 68110, Attention: Michael Maroney, President ("Holder"), and/or its assigns, the
principal sum of One Hundred Ninety Four Thousand Nine Hundred Eighty and No/100 Dollars
($194,980.00), together with interest thereon at the rate of 5.0% per annum from the date of the
execution of this Note until paid in full. The principal balance and interest thereon shall be due
and payable to the Holder of this Redevelopment Promissory Note as and at such time as any
excess ad valorem taxes generated by the Redevelo ent Project as set forth in that certain
e
Redevelopment Agreement dated the �j® day of__ (,�j�j. , 2t�/. , by and between the
Borrower and the Holder (the "Redevelopment Agree nt") are collected by the Borrower and
available for the retirement of this debt.
In the event of default under this Redevelopment Promissory Note, all sums secured by
this Redevelopment Promissory Note or any other agreement securing this Redevelopment
Promissory Note shall bear interest at a rate equal to five percent (5%) above the prime rate as
published by the Wallstreet Journal from time-to-time; however, in the event said interest rate
exceeds the maximum rate allowable by law,then such rate of interest shall equal the highest legal
rate available.
The Borrower may prepay the principal amount outstanding in whole or in part, without
penalty or the prior consent of the Holder.
In the event the monies collected and held in that special fund established under Section
18-2147 of the Nebraska Revised Statutes and pursuant to the Redevelopment Agreement are
insufficient to pay in full all amounts due and owing after all excess ad valorem taxes generated
by the Redevelopment Project, as set forth in the Redevelopment Agreement, have been collected
by the Borrower and paid, immediately upon being available, towards the retirement of the
amounts due hereunder,then the Holder shall waive any unpaid portion of the principal and interest
due.
In the event: this Redevelopment Promissory Note is referred to an attorney for collection
the Holder shall be entitled to reasonable attorney fees allowable by law and all court costs and
other expenses incurred in connection with such collection.
The Borrower shall be in default in the event the Borrower shall fail to pay, when due, any
amount required hereunder.
Demand, presentment, protest and notice of nonpayment under this Redevelopment
Promissory Note are hereby waived.
No delay or omission on the part of the Holder in exercising any remedy, right or option
under this Redevelopment Promissory Note shall operate as a waiver of such remedy, right or
option. In any event, a waiver on any one occasion shall not be construed as a waiver or bar to
any such remedy, right or option on a future occasion.
Any notice provided for in this Redevelopment Promissory Note to the Borrower or the
Holder shall be in writing and shall be given by regular mail to the Holder or Borrower, or at such
other address as either party may designate by notice in writing.
This Redevelopment Promissory Note shall be governed by and construed in accordance
with the Laws of the State of Nebraska. All payments hereunder shall be payable in lawful money
of the United States of America and shall he legal tender for public and private debts at the time
of payment.
CITY OF OMAHA, A Municipal
Corporation
9 //J
f (�
Mayor oi'the City of Omaha I at
ATTEST: APPROVED AS TO FORM:
5r=y1ic
City Clerk of the City of Omah Date Assistant City Attorney Date
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EXHIBIT "D"
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
During the performance of this Agreement, "Provider"agrees as follows:
(1) Provider shall not discriminate against any employee or applicant for employment
because of race, religion, color, sex, age, sexual orientation, gender identity, disability or national
origin. Provider shall ensure that applicants are employed and that employees are treated during
employment without regard to their race, religion, color, sex, sexual orientation, gender identity,
or national origin. As used herein,the word "treated" shall mean and include, without limitation,
the following: recruited, whether by advertising or by other means; compensated; selected for
training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid
off; and terminated. Provider agrees to and shall post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officers
setting forth the provisions of this nondiscrimination clause.
(2) Provider shall, in all solicitations or advertisements for employees placed by or on behalf
of Provider, state that all qualified applicants will receive consideration for employment without
regard to race, religion, color, sex, sexual orientation, gender identity, or national origin, age,
disability.
(3) Provider shall send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding a notice advising the labor
union or worker's representative of Provider'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) Provider shall furnish to the City 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
City Contract Compliance Officer shall be those which are related to Paragraphs (1) through (7)
of this Exhibit and only after reasonable advance written notice is given to Provider. The
purpose for this provision is to provide for investigation to ascertain compliance with the
program provided for herein.
(5) Provider shall take such actions as the City may reasonably direct as a means of
enforcing the provisions of Paragraphs (1) through (7) herein, including penalties and sanctions
for noncompliance; however, in the event Provider becomes involved in or is threatened with
litigation as the result of such directions by the City, the 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 contracts receiving Federal assistance, Provider or the City may request the United
States to enter into such litigation to protect the interests of the United States.
(6) Provider shall file, if any, compliance reports with Provider in the same form and to the
same extent as required by the Federal government for Federal contracts under Federal rules and
regulations. Such compliance reports shall be filed with the City Contract Compliance Officer.
Compliance reports filed at such times as directed shall contain information as to the
employment practices,policies,programs and statistics of Provider.
(7) The Provider 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 sub-Provider or vendor.
ORDINANCE NO. /DBE
AN ORDINANCE approving a
redevelopment and tax increment financing
loan agreement between the City of Omaha
and Omaha Economic Development
Corporation, a Nebraska corporation, to
implement the Fair Deal Village
MarketPlace Tax Increment Financing (TIF)
Redevelopment Project Plan, for a project
site located at 2118 North 24th Street, which
proposes a commercial space comprised of
approximately 14 reclaimed and re-purposed
shipping containers to create 1,600 square
feet of affordable retail space in addition to
an adjoining, newly constructed, one-story
3,400 square foot commercial structure
consisting of space for a 1,800 square foot PRESENTED TO COUNCIL
small, healthy grocery store and a 1,600
square foot re-envisioned Fair Deal Café; 1st ea ding ""
the agreement authorizes the use of up to /G
$194,980.00 in excess ad valorem taxes
(TIF) generated by the development to help Hearing JUN 2 1 20t6 - a/ems 74
fund the cost of the project; and providing
for an effective date.
PUBLICATIONS 2342 dlh Final Reading JUN 2 8 2016
PUBLICATION OF HEARING v
l / Passed
Date
BUSTER BROWN
PUBLICATION OF ORDINANCE City Clerk
Date