ORD 40708 - The Blue Lion TIF redevelopment agreement fy
Planning Department
Omaha/Douglas Civic Center
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City of Omaha (, ° James R.Thele
Director
Jean Stothert,Mayor
April 19, 2016
Honorable President
and Members of the City Council,
The attached Ordinance transmits a Tax Increment Financing (TIF) Redevelopment Loan
Agreement between RH Land Management Company, LLC and the City of Omaha for a
redevelopment site located at 2423 and 2425 North 24 Street. This Redevelopment Agreement
implements The Blue Lion Tax Increment Financing (TIF) Redevelopment Project Plan, which
proposes a complete rehabilitation and adaptation of the two structures - the Blue Lion Center and
the McGill Building - for new, mixed commercial uses. The Union for Contemporary Art, Inc.
proposes to utilize 90% of the space at the project site. The remaining 10% of the site is located
at the corner of 24th and Lake Streets and is slated for commercial retail space.
The Redevelopment Agreement authorizes the City's participation in the redevelopment by
providing up to $431,807.00 to offset TIF eligible expenses such as acquisition, rehab
construction costs, site work, architectural and engineering fees, any surveys, and all public
improvements as required. The total estimated project costs are $4,759,047.00, 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:
d 3/2'gi6 --ad_ 14/la Ne:,
ames R. Thele 14,3 Date Mayor's Office Date
Planning Director '41 -
Approved:
7(egr---
Stephe B. Curtiss Date R ert G. Stubbe, P.E. Date
Finance Director IL. Public Works Director
2331 dlh
ORDINANCE NO. Y()7l'
AN ORDINANCE approving a redevelopment and tax increment financing loan agreement
between the City of Omaha, a Nebraska Municipal Corporation in Douglas County,
Nebraska, and RH Land Management Company, LLC, a Nebraska limited liability
company, to implement The Blue Lion Tax Increment Financing (TIF) Redevelopment
Project Plan for a project site at 2423 and 2425 North 24 Street which proposes a
complete rehabilitation and adaptation of the Blue Lion Center redevelopment site into
new, mixed commercial uses; the agreement authorizes the use of up to $431,807.00 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 RH Land Management
Company, LLC, a Nebraska limited liability company, to authorize the use of up to $431,807.00
in TIF that will be used to offset TIF eligible expenses as allowed by the Community
Redevelopment Law, for such expenses as acquisition, rehab construction costs, site work,
architectural and engineering fees, any surveys, and all public improvements as required, for a
project with total estimated costs of$4,759,047.00, in addition to any other documents necessary
or appropriate to implement the Redevelopment Agreement or to consummate the loan.
ORDINANCE NO. VC''Z'g
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
4%! A4'7' APPROVED BY:
MAYOR OF THE CITY OF OMAHA DAT
PASSED MAY - 3 2016 7-6'
ATTEST: APPROVED AS TO FORM:
i lerk of the City of Omaha to As istant City Att ey Date
2331 dlh
REDEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into by and between the City of Omaha, a Nebraska
Municipal Corporation in Douglas County, Nebraska, and RH Land Management Company,
LLC, a Nebraska limited liability company.
RECITALS:
WHEREAS, on March 1, 2016, by Resolution No. 177, the City Council of the City of
Omaha approved The Blue Lion Tax Increment Financing (TIF) Redevelopment Project Plan for
a site at 2423 and 2425 North 24 Street, which proposes a complete rehabilitation and adaptation
of the Blue Lion Center redevelopment site into new, mixed commercial uses as shown in Exhibit
"A", a site plan which is attached hereto and made a part hereof; and,
WHEREAS, The Blue Lion Tax Increment Financing (TIF) Redevelopment Project Plan
recommends allowing up to $431,807.00 in TIF that will be used to offset TIF eligible expenses,
as allowed by the Community Redevelopment Law, for such expenses as acquisition, rehab
construction costs, site work, architectural and engineering fees, any surveys, and all public
improvements as required, for a project with total estimated costs of$4,759,047.00; 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.
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.
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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 the 2016 calendar year and
associated Base Year Valuation shall be established on 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 Project and 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 generated
by and levied upon the Redevelopment Project and 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 RH Land Management Company, LLC, a Nebraska limited
liability company.
1.8 "Redevelopment Promissory Note" or "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 Redevelopment Project and the
Redevelopment Site.
1.9 "Redevelopment Plan" shall mean The Blue Lion Tax Increment Financing
Project Plan approved by the City Council of the City of Omaha on March 1,
2016 by Resolution No.177.
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1.10 "Redevelopment Project" shall mean the complete rehabilitation and adaptation of
the Blue Lion Center redevelopment site into new, mixed commercial uses 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 $431,807.00.
2.3 establish a special fund as required by Section 18-2147(b) of the Nebraska
Revised Statutes for the Excess ad valorem Taxes 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:
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 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 for in Section 2.3 above. All Excess ad valorem Taxes shall
be allocated, and when collected, paid in the special fund for a period not to
exceed the 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) year of Excess ad valorem Taxes (i.e. thirty (30) semi-annual
installments) or after such time as the Redevelopment Promissory Note has been
paid in full.
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The City and Owner acknowledge and agree that the Owner shall receive the
benefit of the Redevelopment Loan Proceeds, as limited to the TIF 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 Project
and the Redevelopment Site to be paid prior to the time such become delinquent.
3.3 loan redevelopment funds to the City in the principal amount of $431,807.00 as
set forth in Sections 2.1 and 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 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(b) of the
Nebraska Revised Statutes, as they become collected in such fund and
available to the City for such use. To the extent of such Excess ad
valorem Taxes are 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:
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3.5.1 not protest a real estate improvement valuation on the Redevelopment Site
equal to the Base Year Valuation 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 $1,999,596.00 (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, as
determined by the Douglas County Assessor, may not be an amount
sufficient to produce the Excess ad valorem Taxes required annually to
amortize the Redevelopment Promissory Note;
3.5.2 not convey the Redevelopment Site or structures thereon to any entity
which 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;
3.5.3 not apply to the Douglas County Assessor for the structures located upon
the Redevelopment Site, or any portion thereof, to be taxed separately from the
underlying real property encompassed within the Redevelopment Site;
3.5.4 maintain insurance for ninety percent (90%) of the full value of the
structures on the Redevelopment Site;
3.5.5 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,
3.5.6 cause all real estate taxes and assessments levied on the Redevelopment
Site to be paid prior to the time such become delinquent. The Owner
acknowledges and agrees that the portion of Excess ad valorem Taxes the real
estate 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 or breaches any of the agreements, representations
or covenants in this section, the Owner may be required by the City, in its sole
discretion, to surrender any remaining amount outstanding on 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
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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 if the Owner no longer owns
the property.
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 Developer shall provide the City with a penal bond as may be required by
Section 18-2151 of the Community Redevelopment Law. A reasonably sufficient
payment and performance bond from the Developer'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 the "Contractor".
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 to be
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
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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 Community 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; or
(4) Those otherwise considered major or material in the reasonable discretion
of the City.
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. Notwithstanding the foregoing, Owner may assign
its interest in this Agreement, and the Redevelopment Promissory Note, to an
affiliated special purpose entity ("SPE") created for the purposes of syndicating
the federal and state historic tax credits that are generated by the Redevelopment
Project, and retaining the ownership interest in the Redevelopment Project in
connection with the same. Owner shall provide the City with notice of such
assignment to the SPE, and shall execute such assignment agreements that the
City deems necessary to effectuate the assignment to the SPE.
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.
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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 Farnam Street, Suite 1100 Omaha, NE 68183
Omaha, NE 68183
(2) Owner:
RH Land Management Company, LLC Brent W. Beller
P.O. Box 31565 Baird Holm LLP
Omaha, NE 68131 1700 Farnam Street, Suite 1500
Attention: Shari Lecci Omaha, NE 68102
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 4" day of , 2016.
ATTEST: CITY OF OMAHA:
,5 X/4 ikr-r.ttAL 5/f/oW4
City lerk of the City of Omaha Date Mayor of the City of Omaha Ddte
APPROVED AS TO FORM:
1 C TY ATTORN Date
2331 dlh
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Executed this 774—day of /erg , 2016.
OWNER: RH Land Management Company, LLC, a Nebraska
limited liability company
By: ,- ,:- 0 a e-
Name: Shari Lecci
Title: Sole Manager
STATE OF NEBRASKA ) GENERAL NOTARY-State 0t Nebraska
� MELISSA E.HOW
) § My Comm.Exp.April 14,2018
COUNTY OF DOUGLAS )
Shari Lecci, Sole Manager, on behalf of RH Land Management Company, LLC, a Nebraska
limite liability acknowledged the foregoing Redevelopment Agreement before me this day
of ev t �-- , 2016.
Notary Pu lic, tattl of Nebraska r
My commission expires on 14__ —T �.
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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
$431,807.00 /ri , 2016
FOR VALUE RECEIVED, the undersigned, City of Omaha (hereinafter known as
"Borrower"), promises to pay RH Land Management Company, LLC, P. O. Box 31565, Omaha,
NE 68131 Attention: Shari Lecci ("Holder"), and/or its assigns, the principal sum of Four
Hundred Thirty One Thousand Eight Hundred Seven and No/100 Dollars ($431,807.00),
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 Redevelopment Project as set forth in that certain Redevelopment
Agreement dated the 471 day of , 20/ , by and between the Borrower and
the Holder (the "Redevelopment Agreement" 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 in the Wall-street 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 and all excess ad valorem taxes generated
by the Redevelopment Project, as set forth in the Redevelopment Agreement, have been
collected by the Borrower and have been paid, immediately upon being available, towards the
retirement of the amounts due hereunder, then, at such time as no further payments are required
under the terms of the Redevelopment Agreement, the Holder shall waive any unpaid portion of
the principal and interest due upon written request of the Borrower.
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 be legal tender for public and private debts at
the time of payment.
CITY OF OMAHA, A Municipal
Corporation
By
Mayor of the City of Omaha ate
ATTEST: APPROVED AS TO FORM:
G /A.
City erk of the City of Omaha e /554 Ci ttorney Date
DOGS/I625735.I
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LEGAL DESCRIPTION
The West 76 and 1/4 feet of Lot 32 and the West 76 and 1/4 feet of the North 16 feet of
Lot 33, Paulsens Addition, an Addition to the City of Omaha, Douglas County, Nebraska,
and
The East 32 and 3/4 feet of Lot 32, the East 32 and 3/4 feet of the North 16 feet of Lot
33, the South 27 feet of Lot 33, and all of Lot 34, Paulsens Addition, an Addition to the
City of Omaha, Douglas County, Nebraska.
Exhibit A to TI F Application
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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.
Pk. , ,
ORDINANCE NO. / 7' '
AN ORDINANCE approving a
redevelopment and tax increment financing
loan agreement between the City of Omaha,
a Nebraska Municipal Corporation in
Douglas County, Nebraska, and RH Land
Management Company, LLC, a Nebraska
limited liability company, to implement The
Blue Lion Tax Increment Financing (TIF) PRESENTED TO COUNCIL
Redevelopment Project Plan for a project
site at 2423 and 2425 North 24 Street which 1st eadipg
proposes a complete rehabilitation and ,.�/#//!o
adaptation of the Blue Lion Center
redevelopment site into new, mixed Hearing. APR 2 6 2016 6,A
commercial uses; the agreement authorizes �
the use of up to $431,807.00 in excess ad `�`
valorem taxes (TIF) generated by the
development to help fund the cost of the Final Reading MAY - 3 2016
project; and providing for an effective date. Passed
2331 dlh
BUSTER BROWN
City Clerk
PUBLICATIONS
PUBLICATION OF HEARING
Date f "'3_.. 1
PUBLICATION OF ORDINANCE
Date f ' ' - ' G