ORD 39539 North Omaha Senior Cottages Phase I TIF AgreementCity of Omaha
Jim Suttle, Mayor
Honorable President
12 H 0 V I 6 P :' 3: ! , I
December 4, 2012
Planning Department
Omaha/Douglas Civic Center
1819 Farnam Street, Suite 1100
Omaha, Nebraska 68183
( 402) 444~ 5150
Tdcfax (402) 444-6140
R. E. Cunningham, RA, F.SAME
Director
and Members ofthe City Council,
The attached Ordinance transmits a Redevelopment Agreement between the North Omaha
Senior Cottages Limited Partnership and the City of Omaha for a redevelopment project located
at 5345 St. Richards Plaza. The Redevelopment Agreement implements The North Omaha
Sf;:nior Cottages Phase I Tax Increment Financing (TIF) Redevelopment Project Plan, which is
pm1 of the redevelopment at the St. Richard's Campus, and proposes the new construction of 12,
two-bedroom duplexes (24 units/cottages) for seniors on the north side of the campus.
The Redevelopment Agreement authorizes the City's participation in the redevelopment by
providing up to $276,256.00 in Tax Increment Financing (TIF) that will be used to offset the
costs of site work, architectural and engineering fees, and any public improvements as may be
required. The estimated total project cost is in excess of $3, 153,596.00.
Your favorable consideration of this Ordinance will be appreciated.
Respectfully submitted,
. E. Cunningham, ~F. SAME
._for Planning Director rtfi'
Approved:
Pam Spaccarotella
Finance Director
1781 dlh
Date
Date
Referred to City Council for Consideration:
Mayor's Office Date
~k /1-l&dz_ R()b;~ Date
Public Works Director
ORDINANCE NO. ----=J"'---+--'f?--'-'f_,_3~9L-) __
AN ORDINANCE approving a redevelopment and tax increment financing loan agreement
between the City of Omaha and the North Omaha Senior Cottages Limited Partnership, a
Nebraska limited partnership to implement The North Omaha Senior Cottages Phase I
Tax Increment Financing (TIF) Redevelopment Project Plan at the project site located at
5345 St. Richards Plaza, which is part of the redevelopment at the St. Richard's Campus;
the plan proposes the new construction of 12, two-bedroom duplexes (24 units/cottages)
for seniors on the north side of the campus; the agreement authorizes the use of up to
$276,256.00 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 the North Omaha Senior
Cottages Limited Partnership, a Nebraska limited partnership to authorize the use of up to
$276,256.00 in TIF to offset the costs of site work, architectural and engineering fees, and any
public improvements as may be required, with estimated total project cost in excess of
$3, 153,596.00, in addition to any other documents necessary or appropriate to implement the
Redevelopment Agreement or to consummate the loan.
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.
ORDINANCE NO. 0cj?)J9
PAGE2
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
APPROVED BY:
P ASSED __ O_E_C _1 _8_2_01_2 -~-'----=-0-
~ CJTYCLER~<i~
APPROVED AS TO FORM:
-.~
ASSIST ANT CITY ATTORNEY
1781 dlh
DATE
REDEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into by and between the City of Omaha, a Nebraska
Municipal Corporation in Douglas County, Nebraska, and North Omaha Senior Cottages Limited
Partnership, a Nebraska limited partnership.
RECITALS:
WHEREAS, on July 17, 2012, by Resolution No. 860, the City Council of the City of
Omaha approved The North Omaha Senior Cottages Phase I Tax Increment Financing
Redevelopment Project Plan for a project located at 5345 St. Richards Plaza, which is part of the
redevelopment at the St. Richard's Campus, and proposes the new construction of 12, two-
bedroom duplexes (24 units/cottages) for seniors on the north side of the campus as shown in
Exhibit "A", a site plan which is attached hereto and made a part hereof; and,
WHEREAS, The North Omaha Senior Cottages Phase I Tax Increment Financing (TIF)
Redevelopment Project Plan provided for $276,256.00 in TIF to offset the costs of site work,
architectural and engineering fees, environmental studies, and any public improvements; and, the
total project cost is estimated to be $3, 153,596.00; 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.
- 1 -
1.1 "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 Act.
1.2 "Owner" shall mean-North Omaha Senior Cottages Limited Partnership.
1.3 "Director" shall mean -the Director of the City of Omaha Planning Department.
1.4 "Redevelopment Project" shall mean -the new construction of 12, two-bedroom
duplexes (24 units/cottages) for seniors on the north side of the campus; the fully
accessible handicapped, two-bedroom cottages have a single family garage as
well as front porch and back patio as shown on the Site Plan Exhibit "A".
1.5 "Redevelopment Site" shall mean -the area legally described on Exhibit "B",
attached hereto.
1.6 "Redevelopment Note (TIF Funds/TIF Proceeds)" shall mean -any obligation
issued by the City and secured by the excess ad valorem taxes generated within
the Redevelopment Site.
1. 7 "Excess ad valorem taxes" shall mean -the additional real estate property taxes
generated by this Redevelopment Project pursuant to Section 18-2147 of the
Nebraska Revised Statutes.
1.8 "Division Date Year" for the purposes of this Agreement, Note and the statute
shall mean -that excess ad valorem taxes shall be divided for the project
beginning in the tax year this Agreement is executed, but not more than 60 days
thereafter, and continuing for 15 years or until the Redevelopment Note is
discharged, whichever occurs first.
SECTION 2. OBLIGATIONS OF THE CITY
The City shall:
2.1 execute and deliver to the Owner at closing the Redevelopment Note m
substantially the same form as the copy attached hereto as Exhibit "C".
2.2 grant Redevelopment Loan proceeds to the Owner in the sum of $276,256.00.
2.3 pay debt retirement principal and interest from the Excess Ad Valorem Taxes
(TIF tax proceeds). 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-
2.4.1 Owner shall provide the Director with evidence, acceptable to the
Director, that the private funds have been irrevocably committed to the
Redevelopment Project in the amount sufficient 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 establish a special fund under Section 18-214 7 of the Nebraska Revised Statutes
for the purpose of collecting the excess ad valorem taxes generated by the
Redevelopment Project. Monies collected and held in the special fund shall be
used for no purpose other than to repay the Redevelopment Loan.
SECTION 3. OBLIGATIONS OF THE OWNER
The Owner shall:
3.1 complete the Redevelopment Project on or before March 31, 2014, creating an
increase in real property taxable base by reason of such construction of at least
$2,697, 755.00.
3.2 cause all real estate taxes and assessments levied on 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 $276,256.00 as
set forth in Section 2.1, 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 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 6.0% interest rate.
3.3.3 The principal shall be repaid by the City from the special fund established
pursuant to Section 2.5, as excess ad valorem taxes, pursuant to the
Redevelopment Plan and Section 18-2147 of the Nebraska Revised
Statutes, become 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-
3.4 provide the City with quarterly progress reports during the redevelopment 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 Note (TIF Funds) is outstanding, (1) not
protest a real estate improvement valuation on the Redevelopment Site of
$27,700.00 (base) or less prior to and during construction; and $2,725,455.00
[$27,700.00 (base) plus $2,697,755.00 (excess valuation)] or less after substantial
completion or occupancy of the residential redevelopment project; (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 TIF will be rendered void and cancelled; (3) not apply to the Douglas County
Assessor for the structures, or any portion thereof, to be taxed separately from the
underlying land of the Redevelopment Site; (4) maintain insurance for ninety
percent (90%) ofthe full value of the structures on the Redevelopment Site; (5) in
the event of casualty, apply such insurance proceeds to their reconstruction and
(6) cause all real estate taxes and assessments levied on the Redevelopment Site
to be paid prior to the time such become delinquent. In lieu of the above, the
Owner may surrender any remaining amount outstanding of the Redevelopment
Promissory Note to City. Each of the foregoing covenants shall be referenced in a
Notice of Redevelopment Agreement to be recorded with the Douglas County,
Nebraska Register of Deeds. The Owner agrees to include the same restrictions to
be included in any subsequent sale, assignment, sale-leaseback or other 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.
SECTION 4. PROVISIONS OF THE CONTRACT
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
contract, wherein the "Owner" is referred to as "Contractor".
4.2 Non-discrimination. The Owner shall not, in the performance of this Contract,
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-
4.3 Captions. Captions used in this Contract are for convenience and are not used in
the construction of this Contract.
4.4 Applicable Law. Parties to this Contract 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 Contract.
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 contract. Any violation
of this section with the knowledge of the person or corporation contracting with
the City of Omaha shall render the contract voidable by the Mayor or Council.
4.6 Merger. This Contract shall not be merged into any other oral or written contract,
lease or deed of any type.
4.7 Modification. This Contract 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.
4.8 Assignment. The Owner may not assign its rights under this contract 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.
4.9 Strict Compliance. All provisions of this Contract 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.
4.10 This Agreement shall be binding upon the Owner's successors and assigns, and
shall run with the land described in Exhibit "B", 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 Contract and for the period of any applicable statute of limitations thereafter, the
following named individuals shall be the authorized representatives of the parties:
- 5 -
(1) City of Omaha:
R. E. Cunningham, RA, F. SAME
Director, City Planning Department
Omaha/Douglas Civic Center
1819 Farnam Street, Suite 1100
Omaha, NE 68183
(2) Owner:
Legal Service
c/o City Clerk
Omaha/Douglas Civic Center
1819 Farnam Street
Omaha, NE 68183
The North Omaha Senior Cottages Limited Partnership
3014 North 45th Street
Omaha, Nebraska 68104
Attention: Sr. Marilyn Ross, President
Either party may designate additional representatives or substitute representatives by
giving written notice thereof to the designated representative ofthe other party.
Executed this j91ay of ~~~,..-, 2012.
~APP~ED A~O F~ /7
,_ '~-,· ~ ~ ,,/,sj,z...
ASSISTANT CITY ATTORNEY 1
1781 dlh
-6-
STATEOFNEBRASKA )
)§
COUNTY OF DOUGLAS )
'2012.
OWNER:
The North Omaha Senior Cottages Limited
Partnership, a Nebraska limited partnership
By: Ab .. ir ~
Name: Sr. Marilyn Ro s
Title: President
_____ , The North Omaha Senior Cottages Limited Partnership, a Nebraska limited
partnership acknowledged the foregoing Redevelopment Agreement before me this ~day of
,Nov~ Jut-> , 2012.
-7-
My commission expires on 6 Pt /tr
I
ORDINANCE NO. _______ _
AN ORDINANCE approving a redevelopment and tax increment financing loan agreement
between the City of Omaha and the North Omaha Senior Cottages Limited Partnership, a
Nebraska limited partnership to implement The North Omaha Senior Cottages Phase I
Tax Increment Financing (TIF) Redevelopment Project Plan at the project site located at
5345 St. Richards Plaza, which is part ofthe redevelopment at the St. Richard's Campus;
the plan proposes the new construction of 12, two-bedroom duplexes (24 units/cottages)
for seniors on the north side of the campus; the agreement authorizes the use of up to
$276,256.00 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 the North Omaha Senior
Cottages Limited Partnership, a Nebraska limited partnership to authorize the use of up to
$276,256.00 in TIF to offset the costs of site work, architectural and engineering fees, and any
public improvements as may be required, with estimated total project cost in excess of
$3, 153,596.00, in addition to any other documents necessary or appropriate to implement the
Redevelopment Agreement or to consummate the loan.
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.
ORDINANCE NO. ____ _
PAGE2
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
APPROVED BY:
MAYOR OF THE CITY OF OMAHA DATE
PASSED ____________________ __
ATTEST:
CITY CLERK OF THE CITY OF OMAHADATE
APPROVED AS TO FORM:
ASSIST ANT CITY ATTORNEY
1781 dlh
EXItiBI I'~''
Attached find preliminary site plans for the project including:
• Site Plan
• Floor Plan
• Duplex Plan
St Richard'a
Campua
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Site Plan
Sheet3of3
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PROJECT NAME: HOLY NAME HOUSING-ST. RICHARDS con AGES OWG.NO.
PROJECTNUMSE~~1~~~--------------------------------------------------------
0ATE: 01.03.2011 A1.0
ASPHALT SHINGLES
CEMENT BOARD SIDING
BRICK VENEER
1 ~~~~~L DUPLEX FRONT ELEVATION
CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ
I I I L--------------------------------------~ L--L---~-------------------------~
2 ~~~~~L DUPLEX BACK ELEVATION 3 ~~~~~L DUPLEX SIDE ELEVATION
PROJECT NAME: HOlY NAME HOUSING-ST. RICHARDS COTIAClES
PRWEmNUM~~100M~-----------------------------------------------------------------------------------
OATE: 01.03.2011
DWG.NO.
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Attached are an Alta Survey and Legal Description of the project site.
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Douglas County Account Information
Information is valid as of 2012-10-1
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1 Owner
NORTH OMAHA SENIOR COTTAGES LP
3014 N 45 ST
OMAHA NE 68104-0000
5435 ST RICHARDS PLAZA
OMAHA NE 68111-0000
New Feature
Page 1
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Print Report 1
View Interactive GIS Map I
Treasurer's Tax Report I
-+ -+ -+ _ S~b~ivisio~ ~~les_~!~r~h j
ST RICHARDS CAMPUS REPLAT 1 LOT 1 BLOCK 0 IRREG 132800 SQFT
http://douglasne.mapping-online.com/DouglasCoNe/static/accountinfo.jsp?accountno=R21 ... 10/3/2012
EXHIBIT "C"
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
$276,256.00 ~1'/1! 1-r /f, 2012
FOR VALUE RECEIVED, the undersigned, City of Omaha (hereinafter known as
"Borrower"), promises to pay North Omaha Senior Cottages Limited Partnership, 3014 North
45th Street, Attention Sr. Marilyn Ross, President ("Holder"), and/or its assigns, the principal
sum of Two Hundred Seventy-Six Thousand Two Hundred Fifty-Six and No/1 00 Dollars
($276,256.00), together with interest thereon at the rate of 6.0% 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 Redevelobment Project as set forth in that certain
Redevelopment Agreement dated the f(/11. day of ~/¥, 2012, 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 regional prime
or base rate as published by the Wallstreet Journal, Omaha, Nebraska, 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
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 at a date fifteen (15) years from the division
date year, 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
said date fifteen (15) years from the division date year, the Holder shall waiver 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.
Unless prohibited by law, the Holder may, at its option, declare the entire unpaid balance
of principal and interest immediately due and payable without notice or demand at any time after
default.
The Holder may at any time before or after default, exercise its right to set off all or any
portion of the indebtedness evidenced hereby against any liability or indebtedness of the Holder
to the Borrower without prior notice to the Borrower.
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.
1781 dlh
-2-
CITY OF OMAHA, A Municipal
Corporation
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.
PUBLICATIONS PUBLICATION OF HEARING Date \ L \ lJ1 \z ~\L PUBLICATION OF ORDINANCE Date I L/Lu jLol L /o?6' / ORDINANCE NO. , 1~? ' AN ORDINANCE approving a redevelopment and tax increment financing loan agreement between the City of Omaha and the North Omaha Senior Cottages Limited Partnership, a Nebraska limited partnership to implement The North Omaha Senior Cottages Phase I Tax Increment Financing (TIF) Redevelopment Project Plan at the project site located at 5345 St. Richards Plaza, which is part of the redevelopment at the St. Richard's Campus; the plan proposes the new construction of 12, two-bedroom duplexes (24 units/ cottages) for seniors on the north side of the campus; the agreement authorizes the use of up to $276,256.00 in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project; and providing for an effective date. 1781 d1h )I ]// ~;,;r/1 PRESENTED TO COUNCIL lstR.:id~ DEC-4 ZOlZ -~ft +0-Hearing DEC 1 1 ZOlZ -Ouer" -to /r::L-/1'-/.:l Final Reading 01:.(.;1 8 ZUTL -. Passea, -"'? -o BUSTER BROWN City Clerk